15-8-7: BONUS DENSITY CALCULATIONS:

For applicants requesting a density greater than the baseline density, the planning commission shall determine whether the applicant has complied with the necessary design components as provided in section 15-8-8 of this chapter and shall assign density points as applicable. The additional units per acre allowed above the baseline density for the PRUD shall be determined by multiplying the total number of density bonus points by the density coefficient of the underlying zone. This figure is the additional number of units per acre allowed above the baseline density. This number, when added to the baseline, will determine the total density per acre for the project; provided, that the number shall not exceed the maximum density allowed in the zone. (Example: The project is in an R-3 zone and the design is awarded 75 bonus points. 75 x 0.0441 = 3.3 additional units per acre. 3.3 + 7.3 [baseline density] = 10.6 maximum units per acre for the development.) The density coefficient for each underlying zone and the total amount of points needed for the maximum density are listed below:

Zone	Density Coefficient	Maximum Density Points
R-1-10	0.0175	80
R-1-8	0.02	85
R-1-6	0.024	100
R-2	0.02	90
R-2A	0.0177	85
R-2EC	0.0177	85
R-3	0.0441	295
R-3EC	0.043	270
R-4	0.0492	380

 

(Ord. 93-30, 7-27-1993; amd. Ord. 2000-70, 1-16-2001, eff. 1-18-2001)

15-8-8: BONUS DENSITY DESIGN REQUIREMENTS:

If greater density is requested above the baseline density, a PRUD development shall comply with one or more of the bonus density design requirements outlined in this section, depending upon the desired density increase. The planning commission shall review and determine if the proposed design complies with the intent of the design requirement before the points are granted. The density bonus points for each individual design component are in parentheses at the end of each requirement. In order to receive the maximum density allowed in the zone, the development shall have received bonus density points from at least one design component in each of the following categories: energy efficiency or building design, and design theme. A design component cannot be used to obtain points in more than one category. The bonus density design requirements are as follows:

   A.   Energy Efficiency:

      1.   All dwellings and main buildings shall have R-19 wall insulation and R-38 ceiling insulation. (10)

      2.   All dwellings are designed with an active or passive solar feature. The solar feature shall be a solar water heater, trombe wall, earth insulation of a majority of the walls, the building designed so that the main exposure faces south and has windows to allow solar access, or other features as approved by the planning commission. (Single feature per unit throughout the entire project, 20 points. Combination features per unit throughout the entire project, 30 points.)

   B.   Building Design:

      1.   All facades of each dwelling structure, exclusive of windows or doors, have a minimum coverage of eighty percent (80%) of the exterior surface in either brick or stone. (30)

      2.   Required parking for each unit is provided for by an attached garage. (25)

      3.   All required dwelling unit parking is covered by carports. (10)

   C.   Design Theme:

      1.   Theme lighting is used throughout the development for street lighting, lighting of walkways, entrances and building exteriors. (15)

      2.   Landscaping is designed and installed along all streets of the development according to a theme which provides unity and interest to the development. (20)

      3.   Architectural details of all buildings have a common theme which unifies the entire development. This theme is not so dominant, however, that all buildings are identical. (20)

      4.   Special features such as fountains, streams, ponds, sculptures, buildings or other elements which establish a strong theme for the development and are utilized in highly visible locations in the development. (25)

      5.   Large special features such as lakes and golf courses which define the theme of the development and are utilized throughout the entire project. (40)

   D.   Parking Areas:

      1.   Parking lots of twenty (20) or more stalls are screened from view by means of berming or landscaping around the perimeter of the parking lot. (20)

      2.   Parking lots of twenty (20) or more stalls or a continuous row of parking over ninety feet (90') in length has a landscaped island which provides landscaping at a ratio of one square foot of landscaping per thirteen (13) square feet of hard surface. (15)

      3.   Areas with five (5) or more uncovered parking stalls are designed to include a sufficient number of two inch (2") caliper trees located in such a manner as to shade fifty percent (50%) of the parking area upon maturation of the trees. (15)

   E.   Recreation Amenities:

      1.   The PRUD development includes a recreational amenity primarily for the use of the residents of the development. Recreational amenities include swimming pools, sports courts, spas, or other features as approved by the planning commission. The planning commission may determine the points based on the cost of the amenity, its benefit to the residents of the development, its size and the number of amenities in the development. (5 to 35)

      2.   Development of a common building which shall be used for meetings, indoor recreation, or other common uses as approved by the planning commission. (20)

      3.   Dedication of land for public park, public access along a stream, or public access along a planned trail. The city must be willing to accept the proposed dedication before points are awarded. (Public access 15 points, public park 30 points)

      4.   Construction according to city standards of trail or park which has been dedicated to the city according to subsection E3 of this section. (Trail 15 points, public park 40 points)

   F.   Public Streets: All streets within the development are dedicated public streets. (25)

(Ord. 2015-23, 5-26-2015; amd. Ord. 2022-34, 7-5-2022)

15-8-9: SUBMISSION AND APPROVAL PROCESS:

   A.   Steps Outlined: The PRUD approval process consists of three (3) basic review steps. The first step is submission and review of a conceptual sketch plan. The purpose of this step is to evaluate the appropriateness of the development as PRUD based on the consideration of the existing features of the proposed site and the relationship to adjacent properties. The second step is submission and review of a preliminary development plan and conditional use permit based on the conceptual sketch plan. The purpose of this step is to determine if the preliminary plan/conditional use permit shall be granted. The third step is submission and review of a final development plan. The purpose of this step is to review compliance with the conditional use permit and the preliminary plan. For purposes of recordation, the PRUD shall be recorded as a subdivision. Upon compliance with final approval, a final plat shall be recorded.

   B.   Conceptual Sketch Plan Approval Process: Prior to the submission of a PRUD proposal, the applicant shall meet with the current planning staff to discuss their proposal and its appropriateness for development as a PRUD. Upon completion of the preapplication meeting with the current planning staff, the applicant may choose to present the conceptual sketch plan to the Planning Commission. The purpose of this presentation is to provide the applicant with an opportunity to present why the PRUD proposal is appropriate for the site. The Planning Commission may comment as to the potential suitability of the site for a PRUD and present any concerns or comments they may have for the applicant relative to the proposed PRUD. If the applicant chooses to not present the conceptual sketch plan, it shall be done as part of the preliminary plan approval. For sites located in the Sensitive Area Overlay Zone, a conceptual review by the Planning Commission is required to determine if and what geo-technical studies are required in accordance with the zone. The application shall provide a conceptual sketch plan which shall include the following:

      1.   Basic site analysis which includes existing features of the site, such as existing plant materials, steep slopes or rock outcroppings, views and how they will be incorporated into the proposed development;

      2.   Traffic flow patters into, through and out of the proposed development, including vehicular, pedestrian, and other;

      3.   The general location of the housing units by type (i.e., detached dwelling units and attached dwelling units), along with other appropriate uses and amenities; and

      4.   The existing land uses bordering the proposed site.

   C.   Preliminary Development Plan/Conditional Use Permit Submission: An application for a PRUD preliminary plan/conditional use permit shall be presented to the Planning Commission and shall include the following information:

      1.   Topographic maps of the entire site, including contour intervals of no greater than ten feet (10');

      2.   A tabulation of the total acreage of the site and the percentages to be designated for parking, streets and travel ways, various types of residential units, other buildings and structures, open space, and waterways, along with other relevant aspects of the site;

      3.   The proposed circulation patterns, including private and public streets, and any other path systems;

      4.   The proposed location of all parking and ingress and egress;

      5.   The proposed location of parks, common open spaces, playgrounds, school sites, recreation facilities, and other similar types of improvements;

      6.   The proposed location of all dwellings by type and number of dwelling units per building, along with other buildings (e.g., recreational buildings or club houses) or structures (e.g., fencing, lighting, and signage);

      7.   The proposed location of each phase, if the project is to be done in phases;

      8.   A table of densities for each development phase with a overall density for the development;

      9.   A general landscape plan showing the areas to be landscaped and the retention of existing plant materials and landscape features, along with the use of plant materials for buffers and screening;

      10.   Preliminary building elevations with notation of building materials of all building types proposed within the development, excluding detached single-unit dwellings;

      11.   A preliminary subdivision design, showing a general lot layout and buildable area;

      12.   A preliminary utility plan showing the manner in which adequate sewage disposal, subsurface drainage, storm drainage, and water are to be provided to the site, including the location from which said services will need to be extended;

      13.   If located in the Sensitive Area Overlay Zone, all necessary reports or information required for compliance with Chapter 27 of this Title; and

      14.   Such other information as may be necessary to determine whether the proposed PRUD is desirable and in accordance with the applicable standards.

   D.   Preliminary Development Plan Review Process:

      1.   The Planning Commission, subject to the requirements of this Chapter, may approve, deny or approve with conditions, the preliminary development plan for the proposed PRUD. Approval of a preliminary development plan shall result in the issuance of a conditional use permit. During the preliminary review process, notice shall be given to the public of the PRUD proposal in accordance with Planning Commission rules for conditional use permits.

      2.   In reviewing the proposed PRUD, the Planning Commission shall determine if the PRUD:

         a.   Encourages better utilization of the land, develops a sense of community and is compatible with the neighborhood;

         b.   Meets the minimum requirements in this Chapter;

         c.   Meets the requirements for any bonus density requested for the PRUD;

         d.   Provides an adequate traffic circulation system and whether streets should be designated as public or private; and

         e.   Meets the general intent and purpose of this Chapter and the General Plan.

   E.   Final Development Plan Submission: The final development plan, based on the conceptual sketch and preliminary plans, shall be presented to the Planning Commission and include the following information:

      1.   All of those items required by the Planning Commission as part of the approval of the preliminary development plan and conditional use permit;

      2.   A complete and accurate legal description of all property proposed for development;

      3.   A detailed site plan showing the precise location of all buildings and structures, the location of developed common activity area and recreational uses, waterways, detailed circulation patterns, including proposed ownership of common areas, streets and trails, along with other relevant aspects of the site;

      4.   Parking layout showing the location of individual stalls and all areas of ingress and egress;

      5.   Design of entryways, along with elevations of proposed signage;

      6.   A detailed landscape plan showing the location, types and sizes of all plant materials, sprinkling or irrigation systems, screening and fencing;

      7.   Final elevations of all buildings proposed within the development with notation of building materials, excluding detached single-unit dwellings;

      8.   A final plat of the PRUD, along with all covenants, conditions and restrictions which the City deems necessary to provide adequate guarantees for retention and maintenance of the development as approved;

      9.   Detailed engineering plans including site grading, street improvements, drainage and public utility locations; and

      10.   A time schedule for the completion of landscaping and amenities (e.g., common buildings, playground equipment, recreational facilities, trails and entry signage).

   F.   Final Development Plan Review Process:

      1.   The Planning Commission, subject to the requirements of this Chapter, may approve, deny, or approve with conditions, the final development plan for the proposed PRUD and the accompanying conditional use permit.

      2.   The Planning Commission review of the final development plan shall include the following:

         a.   Whether or not the requirements imposed addressed by the Planning Commission during the conceptual, preliminary processes and the conditions established by the conditional use permit have been adequately addressed in the final development plan;

         b.   Any additional changes from the preliminary development plan proposed by the developer; and

         c.   Any additional information relevant to the success of the proposed development.

(Ord. 93-30, 7-27-1993)

15-8-10: APPLICABILITY OF SUBDIVISION TITLE:

   A.   Exceptions: A PRUD shall comply with the provisions of Title 14, Subdivision Regulations, of this Code, or any successor title, except as follows:

      1.   A PRUD need not comply with those requirements of the Subdivision Title which are specifically waived under the provisions of this Chapter.

      2.   The procedures for preliminary and final plan approval required under the Subdivision Title shall be fulfilled upon approval of the preliminary development plan and final development plan as provided in this Chapter.

   B.   Plat Filing: A PRUD for which all of the real property is intended to be maintained as one lot, held in single ownership, shall require the filing of a plat as a single lot subdivision as part of the final development plan approval process, in order to provide for the dedication of public property, the recording of covenants, conditions and restrictions, notice to third parties of the requirements imposed under this Chapter, and the elimination of existing lot lines.

(Ord. 93-30, 7-27-1993)

15-8-11: FINAL PLAT RECORDATION:

   A.   Required: For purposes of recordation, the final approved plat shall be recorded as a subdivision and be included in the subdivision plat records of the Weber County Recorder's office. Recordation by the City shall only take place after all of the necessary signatures are obtained, all approvals given, and all bonds and fees are posted with the Public Works Department.

   B.   Covenants, Conditions And Restrictions:

      1.   The City may require the applicant to submit for recording covenants, conditions and restrictions which will provide adequate guarantees for the permanent retention and maintenance of open space area, landscaping, natural features, architectural design standards and design components used to achieve density bonus. The covenants, conditions and restrictions shall include, at a minimum, provisions for:

         a.   The establishment of a homeowners' association, unless the property will continue to be held in single ownership by either a corporation, partnership or an individual and restrictions are recorded requiring establishment of a homeowners' association in the event that the unity of title is not maintained; and

         b.   A notice to subsequent owners of the need to obtain City approval of changes to the PRUD which may require either an amendment to the final development plan or to the conditional use permit.

      2.   Streets not constructed to City standards for public roads shall be noted in a required covenant. Such covenant shall provide that such streets cannot be dedicated in the future unless brought up to City standards.

      3.   Each phase submitted for review shall include the covenants, conditions and restrictions for approval.

      4.   Where covenants, conditions and restrictions are imposed upon a PRUD, two (2) copies of the declaration of covenants, conditions and restrictions shall be submitted to the City, signed and prepared for recording at the Weber County Recorder's office prior to approval of a final plat.

(Ord. 93-30, 7-27-1993)

15-8-12: CONDITIONAL USE PERMIT AND FINAL PLAN:

A conditional use permit stipulating all required conditions of development shall be maintained with a final approved site plan.

(Ord. 93-30, 7-27-1993)

15-8-13: AMENDMENTS TO PERMIT, PLAN OR RECORDED PLAT:

   A.   Any changes in the proposed final development plan which involves a substantial change to the conditional use permit used in the preliminary plan review process shall be approved by amendment to the conditional use permit after notice as required in the Planning Commission's rules and procedures for issuance of a conditional use permit.

   B.   All development shall conform to the final plan. Minor changes in the location, siting or character of buildings and structures may be authorized by the director if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized under this section may cause any of the following:

      1.   A change in the use or character of the development.

      2.   An increase in the overall density or intensity of use.

      3.   An increase in overall coverage of structures in designated common areas.

      4.   A reduction or change in character of approved open space.

      5.   A reduction of required off-street parking.

      6.   A detrimental alteration to the pedestrian, vehicular and bicycle, circulation and utility networks.

      7.   A reduction in required street pavement widths.

      8.   Any substantial changes to the conditional use permit.

   C.   Any major changes in use, or rearrangement of lots, blocks, building tracts or grouping, or any changes in the provision of open space and significant changes as noted above, must be approved by the planning commission as an amendment to the conditional use permit. In case of amendments after final approval, such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final development plan was approved. Any major changes must be recorded as amendments and be reviewed and approved in accordance with procedures established for final development plan review.

(Ord. 93-30, 7-27-1993; amd. Ord. 2001-32, 6-5-2001, eff. 6-30-2001)

15-8-14: TIME LIMITATION:

   A.   Preliminary and Final Development Plan: Building permits for the development of an approved PRUD, or the first phase of a PRUD, must be obtained within eighteen (18) months following submission of a complete application for a PRUD preliminary development plan/conditional use permit. Failure to obtain a building permit within the specified time period shall result in a revocation of the conditional use permit, and the approved preliminary development plan, rendering both approvals null and void; provided, however, that one extension of six (6) months may be granted for the final approval and obtaining a building permit by the planning commission for a showing of good cause and provided no ordinance changes have occurred within the eighteen (18) months that would alter the project development.

   B.   Time Limitation of Phasing Approval: A PRUD approved as a phase development shall have a maximum of seven (7) years to obtain permits for all phases of the PRUD. Failure to obtain the permits and commence construction of the final phase of the PRUD shall nullify the approval of the phase or phases that have not obtained a building permit and commenced construction within six (6) months following approval and issuance of the initial building permit for the specific phase or phases.

   C.   Conditional Use Revocation: Any property for which a conditional use permit has been revoked or a plan determined to be null and void for failure to comply with the above time limitations shall thereafter be subject to the zoning and subdivision ordinances otherwise applicable to said property.

(Ord. 93-30, 7-27-1993; amd. Ord. 2022-20, 5-3-2022)

15-8-15: CONSTRUCTION PARAMETERS:

   A.   Financial Guarantees: Prior to the recording of a PRUD subdivision plat and prior to the issuance of any building permit on property covered by a PRUD final development plan, financial guarantees acceptable to the city as follows:

      1.   A financial guarantee meeting the requirements of section 15-13-23 of this title, sufficient in amount to cover the cost of all private infrastructure, amenities and required landscaping in common open space, and, public infrastructure improvements, if such financial guarantee mechanism is approved by the city engineer;

      2.   For public improvements, a financial guarantee meeting the requirements of the subdivision title.

   B.   Completion Of Improvements:

      1.   Infrastructure: All street improvements, sidewalks, curb and gutter, storm drainage facilities, water and sewer lines, and all other such surface and underground improvements shall be completed prior to occupancy.

      2.   Amenities And Landscaping: Notwithstanding the provision above, all amenities shall be completed prior to occupancy unless inclement weather prevents their completion, in which case one extension of six (6) months for amenities and landscaping may be granted. If not completed at the end of the six (6) month period, the city will review the progress and may proceed to use the guarantee funds to make the improvements in accordance with the approved plan.

   C.   Property Ownership: Plans submitted for preliminary and final development review may be filed jointly by multiple owners, provided all owners have signed the proposed plans. The applicant shall submit a title report demonstrating compliance with this subsection. The area proposed for a PRUD shall be in single ownership or corporate ownership prior to recording of the final plat in order to provide for full supervision and control of said development, and to ensure conformance with the provisions of this chapter.

   D.   Phasing: If the sequence of construction of various portions of the final development plan is to occur in stages, then the open space or recreational facilities shall be developed in proportion to the number of dwelling units intended to be developed during any given stage of construction. A phasing plan, including size and order of phases, shall be approved by the planning commission. Such phasing plan shall have the written approval of all property owners. In addition, the approved phasing shall be submitted to the city recorder for recordation with the county recorder's office as a covenant to run with the land.

(Ord. 93-30, 7-27-1993; amd. Ord. 98-37, 6-16-1998)