§ 155.465 COTTONWOODS PUD OVERLAY DISTRICT.

   (A)   Title. This section shall be known as the Cottonwoods PUD Overlay District.

(Prior Code, § 8-13B-1)

   (B)   Purpose. The Cottonwoods PUD Overlay District is an area approximately 1,036 acres in size (exhibit A attached to the ordinance codified herein and on file in the county office), located on the eastern edge of the Mountain Green master plan townsite. With its high level of visibility to residents and visitors alike, architectural integrity and quality design controls are crucial to implementing the county goals and objectives. The Cottonwoods is a master-planned mixed-use project with multiple architecturally compatible buildings. The purpose of the Cottonwoods PUD Overlay District is to allow substantial flexibility in planning and designing a proposal for land use development. This flexibility often occurs in the form of relief from compliance with conventional zoning ordinance site and design requirements. Ideally, this flexibility results in a development that is better planned, contains more amenities and ultimately a development that is more desirable to live in than one produced in accordance with typical zoning and subdivision controls. These provisions are intended to create more attractive and more desirable environments within the county and to encourage the following:

      (1)   Allow creative use of the land and encourage the preservation of permanent open space and sensitive areas;

      (2)   Permit and support higher development densities to encourage utilization of clustered neighborhoods;

      (3)   Allow for the design of developments that are architecturally and environmentally innovative, and that achieve better utilization of the land than is possible through strict application of standard zoning and subdivision controls;

      (4)   Permit developers to vary architectural styles and land use on a project-by-project basis, rather than on the basis of tunnel zoning and sprawl zoning concepts, in a manner that may provide for a limited additional development right in density or land use;

      (5)   Permit developers to locate the various features of their developments in harmony with the natural features of the land;

      (6)   To provide for accessible public open space and recreation space, schools, churches and private facilities; and

      (7)   To encourage preservation and protection of agricultural usage through the emphasis of the right to farm and by providing buffering between existing agricultural uses and higher density uses.

(Prior Code, § 8-13B-2)

   (C)   Permitted uses. The following uses are permitted in accordance with the approved concept plan (attached to the ordinance codified herein and on file in the county office) and approved development agreement:

      (1)   Attached and detached single-family residential buildings and accessory structures;

      (2)   Recreational uses and accessory buildings, such as trails, parks, tennis courts, community clubhouse and swimming and other uses permitted as conditional uses. A community clubhouse may include a small restaurant, which shall include a seating capacity for not more than 52 patrons; and

      (3)   Quasi-public buildings, public schools and churches.

(Prior Code, § 8-13B-3)

   (D)   Conditional uses.

      (1)   Golf course and associated accessory uses, such as a driving range, clubhouse/restaurant upon satisfaction of the following conditions:

         (a)   The developer has demonstrated that the golf course shall have sufficient water rights to maintain the golf course as a public golf course; and

         (b)   The approval of the golf course shall not reduce the required 40% native and/or agricultural open space below the requirements set forth in this section; provided, however, that if required, the developer may convey to the master homeowners’ association open space not currently included within the boundaries of the Cottonwoods PUD Overlay District, but is adjacent to the Cottonwoods PUD Overlay District in order to meet such open space requirements. If necessary, the county may amend this section and the approved development agreement to reflect such additional land as part of the Cottonwoods PUD Overlay District. The addition of such adjacent open space shall be subject to the platting requirements set forth in this chapter.

      (2)   Cabins consisting of 12 or less cabins and one main lodge, which may be rented or leased as lodging, upon satisfaction of the following conditions:

         (a)   Each cabin shall be a single-story structure containing less than 1,600 usable square feet and shall contain parking for at least two vehicles;

         (b)   The location for each such cabin shall be shown on a site plan approved by the County Commission pursuant to the process set forth above;

         (c)   The main lodge may include such amenities as is customarily included in cottage type lodging, including a dining facility with a seating capacity for not more than 45 patrons, rental of outdoor recreation equipment and providing for guided tours;

         (d)   Any limitations on operations and use provided by this chapter, as recommended by the Planning Commission and approved by the County Commission; and

         (e)   The main lodge shall contain a footprint of not more than 5,000 square feet.

      (3)   Equestrian facility, upon satisfaction of the following conditions:

         (a)   The developer has submitted a site plan to the County Commission as required by the procedures set forth above, which site plan shall depict the equestrian center and trails;

         (b)   The equestrian center and related trails shall be available for the use and enjoyment of the general public upon payment of customary fees and charges; and

         (c)   The equestrian center may include a barn, stables, workout areas and pasture and grazing areas and such other amenities approved by the county. The equestrian center shall be developed at the time of the development of the phase in which the equestrian center is located.

(Prior Code, § 8-13B-4)

   (E)   Density. In accordance with the approved concept plan and approved development agreement, 760 dwelling units (1.363 du/acre) can be developed within the Cottonwoods PUD Overlay District. Additionally, in the event an 18-hole golf course is developed within the Cottonwoods PUD Overlay District, an additional 38 dwelling units may be developed within the Cottonwoods PUD Overlay District for a total of 798 dwelling units (1.298 du/acre). Except as set forth below, no single lot for a residential unit shall be less than 10,000 square feet. The developer may develop mansion homes containing three to six units per parcel in the Meadow Village neighborhood, which homes may be built on lots smaller than 10,000 square feet. Base density and bonus densities established within the development agreement and concept approval may be used on any portion of the property, regardless of base zoning, provided such use is in accordance with the development agreement and concept plan.

(Prior Code, § 8-13B-5)

   (F)   Development standards. The Cottonwoods PUD District will provide design guidelines for the buildings, landscaping, parking, housing and signage located within the district boundaries. The Cottonwoods project is a master-planned, mixed-use development containing approximately 1,036 acres of undeveloped land along the east bench of Mountain Green. The master plan provides for commercial and residential development in designated areas of the district in accordance with the development standards set forth herein.

      (1)   Commercial buildings. All commercial buildings within the district will be required to obtain a conditional use permit.

      (2)   Residential development. A detailed site plan will be required for staff review and approval. Cottonwoods PUD Overlay District will be separated into phases and neighborhoods shown approximately on exhibits C and D attached to the ordinance codified herein and on file in the county office. Development of the residential component within the district shall comply with the following development standards:

Cottonwoods PUD District Building Requirements	Phase 2 Silver Mountain Estates	Phase 2, 3, 4 Cottonwood Hills	Phase 2, 3, 5 Cottonwood Meadows	Phase 5 Meadow Village
Garage size	3 car minimum	2 car minimum	2 car minimum	2 car minimum
Height restrictions:
Nonsensitive	35 feet from lowest finished grade	35 feet from lowest finished grade	35 feet from lowest finished grade	35 feet from lowest finished grade
Sensitive downslope	30 feet and 2 stories	n/a	n/a	30 feet and 2 stories
Sensitive upslope	30 feet and 2 stories	n/a	n/a	30 feet and 2 stories
Lot restrictions			Lots 23–29 of phase II plat limited to single-story
Minimum house size:
Single-story	2,300 square feet	1,800 square feet	1,500 square feet	n/a
2-story; main/upstairs	2,000 square feet/500 square feet	1,400 square feet/600 square feet	1,200 square feet/500 square feet	n/a
Park strip width	None	8 feet	5 feet	5 feet
Setbacks:
Back	20 feet	20 feet	20 feet	20 feet
Corner	20 feet	20 feet	20 feet	25 feet
Front	15 feet	20 feet	12 feet	15 feet
Garage	20 feet or 5 feet from front of house, unless side-loaded	25 feet or 5 feet from front of house, unless side-loaded	17 feet or 5 feet from front of house, unless side-loaded	Motor court
Side	10 feet	10 feet	10 feet	20 feet
Sidewalk width	5 feet	4 feet	4 feet	4 feet

Cottonwoods PUD District Building Requirements	Phase 5 Meadow Park	Phase 4 Stoneridge	Phase 6 Durst Mountain Ranch
Garage size	2 car minimum		3 car garage
Height restrictions:
Nonsensitive	35 feet from lowest finished grade	35 feet from lowest finished grade	35 feet from lowest finished grade
Sensitive downslope	n/a	n/a	n/a
Sensitive upslope	n/a	n/a	n/a
Lot restrictions
Minimum house size:
Single-story	1,500 square feet	3,500 square feet	2,300 square feet
2-story main/upstairs	1,200 square feet/500 square feet	2,500 square feet/1,000 square feet	1,800 square feet/700 square feet
Park strip width	5 feet	None	None
Setbacks:
Back	15	20 feet	50 feet
Corner	20	20 feet	30 feet
Front	10	17 feet	30 feet
Garage	9 feet rear alley	17 feet or 5 feet from the front of house unless side-loaded	35 feet or 5 feet from front of house unless side-loaded
Side	10	10 feet	20 feet
Sidewalk width	4 feet	5 feet	None

Cottonwoods PUD District Building Requirements	Phase 7 Cottonwood Spring View	Phase 5, 8 Cottonwood Heights	Phase 9 Silverlake Estates
Garage size	2 car minimum	3 car minimum
Height restrictions:
Nonsensitive	35 feet from lowest finished grade	35 feet from lowest finished grade	35 feet from lowest finished grade
Sensitive downslope	n/a	n/a	n/a
Sensitive upslope	n/a	n/a	n/a
Lot restrictions
Minimum house size:
Single-story	1,800 square feet	2,300 square feet	2,300 square feet
2-story main/upstairs	1,500 square feet/600 square feet	2,000 square feet/500 square feet	2,300 square feet/1,000 square feet
Park strip width	8 feet	8 feet	5 feet
Setbacks:
Front	20 feet	30 feet	30 feet
Side	10 feet	20 feet	20 feet
Corner	20 feet	30 feet	30 feet
Back	20 feet	30 feet	30 feet
Garage	25 feet or 5 feet from front of house unless side-loaded	35 feet or 5 feet from front of house unless side-loaded	35 feet or 5 feet from front of house unless side-loaded
Sidewalk width	4 feet	4 feet	4 feet

 

      (3)   Street right-of-way width. The right-of-way for public streets will be 55 feet wide.

      (4)   Cul-de-sacs. Private cul-de-sacs may be longer than the public street standard but shall not be longer than 1,500.

      (5)   Limitations. The development of the Cottonwoods PUD Overlay District shall be limited by the requirements set forth in this chapter.

      (6)   Preserved open space. The Cottonwoods PUD Overlay District shall maintain a minimum of 40% preserved open space. Preserved open space is the sum of all land that is perpetually left naturally undeveloped or in agriculture.

      (7)   Usable open space. The Cottonwoods PUD Overlay District shall maintain a minimum of 10% usable open space. Usable open space is the portion of preserved open space that can be landscaped and is contained on slopes of 15% or less. It is capable of being landscaped with berms, shrubs and lawns for use as park-like areas that complement the development. It must contain no less than 10,000 square feet of contiguous area in each open space parcel, unless 10,000 square feet is more than the required 10%. It is not intended to be remnant pieces of land too small to be used for anything that combined would have met the required amount of land. Usable open space may include space on residential lots which are subject to a public open space easement.

      (8)   Sensitive areas. The Cottonwoods PUD Overlay District is required to preserve sensitive areas in open space. Sensitive areas include, but are not limited to, ridgeline/viewshed areas, areas of special interest or beauty, wetlands, fault zones, stream corridors, important wildlife areas, unstable soils or any other environmental concern addressed in this section, as detailed within the development agreement and PUD overlay report.

(Prior Code, § 8-13B-6)

   (G)   Landscape standards. The Cottonwoods PUD Overlay District and all phases will be landscaped with sensitivity to the natural environment. The landscaping shall be installed in accordance with a landscape plan submitted along with the residential site plan to be reviewed and approved by the staff and in accordance with the development agreement and PUD overlay report.

(Prior Code, § 8-13B-7)

   (H)   Parking design.

      (1)   Commercial development within the Cottonwoods PUD District will require five parking stalls for every 1,000 square feet of retail or restaurant space. Each stall must measure at least nine feet wide by 18 feet long, with ADA accessible stalls provided in accordance with established standards.

      (2)   Parking lot lighting shall provide adequate illumination and shall be no taller than 30 feet and shall conform to night sky regulations as detailed in the development agreement. Pedestrian corridors shall be identified by a change in color and/or texture of pavement material. Tree diamonds measuring five feet by five feet shall be installed throughout the parking areas.

(Prior Code, § 8-13B-8)

   (I)   Signage. The signage is an important component of the Cottonwoods PUD project. Exhibit E attached to the ordinance codified herein and on file in the county office sets forth the sign criteria for the Cottonwoods PUD Overlay District.

(Prior Code, § 8-13B-9)

   (J)   Procedures. Approval of the PUD Overlay District text shall constitute conceptual site plan approval for the Cottonwoods PUD District. Subsequent phases shall be approved as applications for subdivision approval, conditional use approvals and any other permits shall be processed in accordance with the county requirements, ordinances and procedures.

      (1)   Planning Commission preliminary plat approval.

         (a)   Prior to commencing construction on any phase, the developer shall submit a preliminary plat, the applicable neighborhood declaration, construction drawings and specifications and all required submittals under this chapter and the approved development agreement applicable to such phase to the Planning Commission. Each plat submitted to the Planning Commission shall comply with all technical platting requirements of this chapter and the subdivision ordinances. The developer shall pay fees for each plat as are generally required by the county at the time of the submission of the plat to the Planning Commission. Timing of said submission and review by county staff prior to the Planning Commission shall be in accordance with the adopted Planning Department submittal deadline policy.

         (b)   The Planning Commission shall review the plat and all required submittals associated with the applicable phase for completeness and conformity with the approved development agreement and this section. To the extent that such plat is complete and consistent with the approved development agreement, this section and all applicable federal, state and local laws, rules, regulations and ordinances, the Planning Commission shall make a recommendation to the County Commission for the approval of such plat. To the extent of a conflict between the provisions of this section and another ordinance, this section shall control. The Planning Commission shall hold all duly noticed public hearings required for the approval of such plat under state code, this chapter and other county ordinances, as applicable. In the event the Planning Commission determines that such plat is incomplete or is inconsistent with this section, the approved development agreement or all applicable federal, state and local laws, rules, regulations and ordinances, the Planning Commission will provide developer with a reasonably detailed description of any such inconsistencies, in which case developer shall revise such plat to remediate any such inconsistencies and resubmit such plat to the Planning Commission for approval pursuant to the process set forth above.

      (2)   County Commission preliminary approval of plat. Following the recommendation from the Planning Commission that a plat be approved by the County Commission pursuant to the procedures set forth in division (J)(1) above, such plat shall be submitted to the County Commission for approval. The plat shall be approved; provided, that such plat is complete and complies with this section, the approved development agreement and all applicable federal, state and local laws, rules, regulations and ordinances. The County Commission shall review the plat for completeness and conformity with this section, the approved development agreement, all applicable federal, state and local laws, rules, regulations and ordinances. To the extent that such plat is complete and consistent with this section, the approved development agreement, this chapter and all applicable federal, state and local laws and ordinances, the County Commission shall approve the plat. The County Commission shall hold all duly noticed public hearings required for the approval of such plat under the state code, this section, this chapter and other applicable county ordinances. In the event the County Commission determines that such plat is not consistent with this section or the approved development agreement, the County Commission will provide the developer with a reasonably detailed description of any such inconsistencies, in which case the developer shall revise such plat to remediate any such inconsistencies and resubmit such plat to the County Commission for approval pursuant to the process set forth in this division (J)(2).

      (3)   Final plat approval. Following the preliminary approval of the plat by the County Commission pursuant to the procedures set forth in division (J)(2) above, the County Commission shall authorize the developer to submit a final plat to the county staff for review. The county staff shall review a paper plat for completeness and conformance to the preliminary approval of the plat (including any conditions for approval). If such plat is complete and conforms to the preliminary approval, the county staff shall authorize the developer to submit a Mylar copy of the final plat for approval. The developer shall be responsible for obtaining all required signatures on the Mylar with the exception of the Planning Commission and County Commission. The signed Mylar shall be placed on the agenda of the Planning Commission for review, approval and signatures. Following receipt of the final plat signatures from the Planning Commission, the county staff shall place the Mylar on the agenda of the County Commission for signature and adoption. The final plat will then be released to the developer for recordation.

      (4)   Building permits. Following the recordation of the final plat, the developer is authorized to sell lots in accordance with state and local law. The county staff will issue building permits in accordance with this section, the approved development agreement, this chapter and applicable federal, state and local laws, rules, regulations and ordinances. Upon receipt of preliminary approval for a plat, the county staff is authorized to issue building permits to enable the developer to commence construction on the infrastructure in accordance with the preliminary plat, this section, the approved development agreement and all applicable federal, state and local laws, rules, regulations and ordinances. Additionally, in the event that the infrastructure for a particular phase is: Dependent upon the construction of infrastructure improvements on future phases (e.g., retention ponds on future phases or utility lines through future phases); or the infrastructure would necessarily continue onto the real property included in future phases (e.g., a road crossing all phases) and the completion of such infrastructure as a whole rather than in phases is justified by financial constraints and sound engineering principals, the county staff is authorized to issue building permits for the construction of such improvements on such future phases. Building permits for dwelling units shall only be issued when required infrastructure for the applicable plat has been installed and inspected and approved by the County Engineer, which approval shall be limited to confirming that such infrastructure is completed in accordance with this section, the approved development agreement and all applicable federal, state and local laws, rules, regulations and ordinances. Notwithstanding the foregoing to the contrary, in the event that prevailing weather conditions would require a developer to waive its warranty with respect to installing asphalt on roads in a phase, building permits for dwelling units may be issued without the completion of such roads, subject to the county’s receipt of reasonable assurances that such roads shall be completed during the period that such warranty will not be waived. No permit shall be issued unless proof of approval from the architectural committee has been submitted to the county.

(Prior Code, § 8-13B-10)

   (K)   Effect of provisions. Approval of this amendment constitutes a zoning change for the Cottonwoods PUD Overlay District.

(Prior Code, § 8-13B-11)

   (L)   Statement of intent. The Cottonwoods Overlay District is intended to provide specific regulations or standards pertaining to specific geographic features or land uses, wherever these are located. Whenever there is a conflict between the regulations of a base zoning district and those of an overlay district, the overlay district regulations shall control.

(Prior Code, § 8-13B-12)