A. Purpose: The purpose of the major development review provision is to establish a procedure for considering any development application requesting residential densities in the RR, HS, and MR zone districts that exceed ten (10) lots, unless exempted by an unexpired vested development permit or an adopted consent or development agreement. The process described herein represents an integration of zoning, subdivision and site planning concepts and considerations. This review process requires the submission of significant information to describe the development and justify compliance with the provisions of the general plan and this title. Major development review shall also be used in proposals where a request is being made to increase density according to section 10-2-11, "Incentive Density", of this title for development exceeding ten (10) lots. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)
B. Criteria For Approval: In order to approve an application for major development, the CDD or designated planning staff member shall first find that the application:
1. Is generally consistent with the spirit of the general plan;
2. Conforms to all pertinent provisions of this title;
3. Has been designed so that all lots created are clustered to the maximum extent possible and in a manner that places development near existing county infrastructure and services;
4. Is compatible with the appropriate social, cultural, rural, mountain and natural resource characteristic of the Snyderville Basin;
5. Complies with appropriate concurrency management provisions of this title and the appropriate infrastructure and level of service standards of this title;
6. Will not generate unacceptable construction management impacts; and the appropriate mitigation measures are included in the development proposal;
7. Will meet or exceed development quality and aesthetic objectives of the general plan and this title;
8. Will protect life and property from natural and manmade hazards;
9. Will prevent harm to neighboring properties and lands, including nuisances;
10. Includes the written consent by each landowner whose property is included within the area described in the development; and
11. Will not adversely affect the health, safety and welfare of residents of the Snyderville Basin. (Ord. 818, 2-26-2014)
C. Submission Requirements: An application for major development shall not be accepted as complete unless such application contains the information set forth in sections 10-3-12, 10-3-13, and 10-3-14 of this chapter; provided, however, that the CDD or designated planning staff member may request, and the applicant shall submit, such additional information as may be needed to ascertain whether such application conforms to the requirements of this title.
1. Sketch Plan: Prior to submitting an application for a major development review, an applicant shall first submit a sketch plan and pay the fee for the review thereof. Refer to section 10-3-12 of this chapter for detailed submission requirements. The sketch plan shall contain enough information, in graphic and text form, to adequately describe the applicant's intentions with regard to site layout and compliance with the general plan, this title, and any applicable development permit, consent agreement or development agreement. A sketch plan is not a completed application for purposes of vesting under Utah law.
2. Preliminary Plan: After completion of the sketch plan process, an applicant shall submit an application for a preliminary plan and pay the fee for the review thereof. Refer to section 10-3-13 of this chapter for detailed submission requirements.
3. Final Subdivision Plat: After completion of the preliminary plan process, an applicant shall submit a detailed final subdivision plat and pay the fee for the review thereof. Refer to section 10-3-14 of this chapter for detailed submission requirements. A final subdivision plat is required in all cases involving the subdivision of land, as provided for in the definition of "subdivision" contained in chapter 11 of this title.
D. Review Procedure:
1. Sketch Plan; Preapplication Conference: After submitting a sketch plan and before work sessions are held, an applicant shall meet with the CDD or designated planning staff member to discuss procedures and issues related to the project. Issues which may be discussed at the preapplication conference may include, but are not limited to:
a. Consistency with the goals, objectives and policies of the general plan, this title, and chapter 2 of this title.
b. The general nature of the proposed development, including, if applicable, proposed land uses and densities; parks and trails; scale; land use relationships that influence the character of the area; phasing; site and building issues that relate to the promotion of the objectives of the general plan, this title, and chapter 2 of this title; treatment of public areas affected by the project; preservation of natural features; concurrency management, and level of service standards.
c. The specific nature of information that, in addition to the application requirements stated herein, will be required to permit the commission and the county council to determine whether the intensity of the use proposed and the character of the project meets the objectives of the general plan and this title.
d. The procedures for the approval and compliance with the requirements of this title; and identify issues that the applicant should address in the application for approval.
2. Work Sessions Required For Major Development: In order to provide an opportunity for informal discussion among developers, public officials, service providers and the public on various issues relating to, among others, the use of land in the Snyderville Basin, the commission shall conduct work sessions related to the proposed sketch plan. The relationship of the development to the overall operation and economic stability of the community, the acceptability of community infrastructure in proximity to the project, design practice compatibility, environmental considerations, transportation matters, and other development criteria established in chapter 2 of this title shall be discussed. The discussion also shall be for the purpose of interpreting and clarifying matters related to the general plan and informing a developer of such matters and to discuss the anticipated application with those officials who must eventually approve those aspects of the application coming within their jurisdiction. The joint planning sessions are for the purpose of discussion, education and clarification of community policies, and are not intended to result in any formal action or decision making regarding a specific development project.
a. An application for major development consideration will not be accepted by the county until after such time as the applicant has entered into work sessions with the planning commission.
b. Before the conclusion of the work sessions, and at the sole discretion of the CDD or designated planning staff member, the CDD or designated planning staff member may schedule a public input session before the commission. In such instances, the CDD or designated planning staff member may attempt to notify nearby property owners affected by the proposed project. The public input session shall be for the purpose of allowing the public to provide input into the project before the applicant submits an application for major development approval to the county.
3. Preliminary Plan: The applicant shall submit a completed application and pay the required fee. The CDD or designated planning staff member shall review the application and make findings and recommendations. The commission shall review the application and the staff report and make a recommendation to the county manager for approval, approval with conditions, or denial after a public hearing. The county manager shall review the application, staff report, and commission findings and recommendations and thereafter approve, approve with conditions, or deny the proposal.
4. Final Subdivision Plat: The CDD or designated planning staff member shall secure input regarding the proposed development from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report identifying issues and concerns related to the proposal.
a. After completion of the report identifying issues and concerns related to the project for the county manager, the CDD or designated planning staff member shall schedule the application on a regular meeting agenda of the county manager as soon as practicable.
b. After reviewing the project, comments from service providers, and staff's recommendation and findings, the county manager shall approve, approve with conditions, or deny the final plat and development agreement.
c. Once the county manager approves the application, all applicable signatures are required to be obtained on the final plat. The detailed final plat and preliminary title report shall be reviewed by the county attorney for acceptability.
d. Upon approval of the county attorney, and once all required signatures are obtained, the detailed final plat shall be recorded in the records of the county recorder. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)