A. Purpose: The purpose of the SPA review provision is to establish a procedure for considering any development application requesting residential and/or commercial densities in the TC and RC zone districts that conform to section 10-2-12 of this title, 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.
B. Submission Requirements: An application for SPA review shall not be accepted as complete unless such application contains the information set forth herein; 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 SPA 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, in order to determine compliance with the general plan, land use maps, and other applicable provisions of section 10-2-12 of this title. The CDD or designated planning staff member shall establish standards for and determine the adequacy of the sketch plan in meeting its intended purpose. A sketch plan is not a completed application for purposes of vesting under Utah law.
2. SPA Designation/SPA Plan Applications: After completion of the sketch plan process, an applicant shall submit an application for a SPA designation/SPA plan and pay the fee for the review thereof. Refer to section 10-3-16 of this chapter for detailed submission requirements.
3. Development Agreement: The county may enter into a development agreement with a property owner or applicant for development approval. The county, at its sole discretion, may opt to use a development agreement when it determines that such an approach to development promotes and protects the public health, safety and general welfare. Development agreements shall be used to implement SPA plans, in accordance with this chapter. Refer to section 10-3-19 of this chapter for detailed submission requirements.
C. Review Procedure:
1. Sketch Plan; Preapplication Conference: After submitting a sketch plan and before work sessions are held, an applicant shall schedule an appointment 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 meet 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 SPA Review: 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 section 10-2-12 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 work 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 SPA consideration will not be accepted by the county until after such time as the applicant has entered into work sessions with the 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 SPA approval to the county.
3. SPA Designation: Following the work sessions, the applicant shall submit simultaneously with a SPA plan application, an application for a SPA designation. Along with the application, the applicant shall pay the required review fee. The CDD or designated planning staff member shall not commence the review of an applicant's application for specially planned area designation until after the CDD or designated planning staff member has reviewed a sketch plan at a preapplication conference and until appropriate work sessions, and a public hearing, if required, have been held with the commission.
a. The CDD or designated planning staff member shall cause the review of the proposed preliminary plan application for consistency with the general plan, land use maps, this title and chapter 2 of this title. Where a SPA designation ordinance has previously been approved by the county council, the CDD or designated planning staff member shall also cause the review of the project for consistency with that rezone ordinance. 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, concerns, and a recommendation related to the proposal.
b. After completion of the report identifying issues and concerns related to the project for the commission, the CDD or designated planning staff member shall schedule a work session on the SPA designation before the commission, at which time the commission shall review the rezoning request for consistency with the general plan, the land use plan map, this title and section 10-2-12 of this title.
c. Following the work session, the CDD or designated planning staff member shall schedule a public hearing on the SPA designation request before the commission. The CDD or designated planning staff member shall cause reasonable notice to be given before the public hearing.
d. At the discretion of the commission, either in conjunction with or immediately following the public hearing and after receiving a recommendation from the CDD or designated planning staff member, the commission shall make a recommendation regarding the SPA designation request to the county council. The commission shall make a recommendation for approval, approval with conditions, or denial. If the commission recommends approval, the commission shall first have determined that:
(1) There are substantial tangible benefits to be derived by the general public of the Snyderville Basin that significantly outweigh those that would otherwise be derived if development occurred under the provisions of the existing zone district;
(2) There are unique circumstances, above the normal limitations and allowances of the existing zone, that justify the use of a SPA;
(3) The development proposed in the SPA furthers the goals and objectives and policies of the Snyderville Basin general plan, land use maps, and the applicable sections of this title, and the program for resort and mountain development established in chapter 1 of this title;
(4) A SPA designation must be implemented through a development agreement (SPA plan) as described in this title; and
(5) Approving a SPA designation will not adversely affect the public health, safety and general welfare.
e. After the recommendation of the commission has been rendered, the CDD or designated planning staff member shall schedule a public hearing and place the SPA designation application and recommendation of the commission and CDD or designated planning staff member on a regular agenda of the county council for review and acceptance of public comment. The CDD or designated planning staff member shall cause reasonable notice to be given before the public hearing. At the discretion of the county council, either in conjunction with or at a meeting following the public hearing, the county council shall render its decision to approve, approve with conditions, or deny the SPA designation application. In approving the SPA designation, the county council shall first find that the request is consistent with the criteria for approving a SPA designation described in subsection C3d of this section. The county council approval shall be in the form of an ordinance.
f. Approval of a SPA designation by the county council shall be effective for a period of twenty four (24) months from the date of county council approval. If a complete SPA plan application has not been approved within twenty four (24) months, the SPA designation approval shall be null and void. The SPA designation for purposes of state vesting law is a conditional designation only and does not vest the applicant with respect to use, density, configuration or other requirements of this title.
4. Major Specially Planned Area Plan Application (Development Agreement): Following the joint planning sessions, the applicant shall submit simultaneously with a SPA designation application, an application for a SPA plan (development agreement) and pay the fee for the review thereof. The director shall not commence the review of an applicant's application for a SPA plan until after the director has reviewed a sketch plan at a preapplication conference and appropriate work sessions have been held with the commission.
a. The CDD or designated planning staff member shall cause the review of the proposed SPA plan application for consistency with the general plan, land use maps, this title and section 10-2-12 of this title. Where a SPA designation ordinance has previously been approved by the county council, the CDD or designated planning staff member shall also cause the review of the project for consistency with that ordinance. 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, concerns, and a recommendation related to the proposal.
b. After completion of the report identifying issues and concerns related to the project for the commission, the CDD or designated planning staff member shall schedule a work session on the SPA plan application before the commission, at which time the commission shall review the project for consistency with the general plan, land use maps, this title, and section 10-2-12 of this title. Where a SPA designation ordinance has previously been approved by the county council, the commission shall also review the project for consistency with that ordinance.
c. Following the work session, the CDD or designated planning staff member shall schedule a public hearing on the SPA plan application before the commission. The CDD or designated planning staff member shall cause reasonable notice to be given regarding the public hearing.
d. At the discretion of the commission, either in conjunction with or immediately following the public hearing and after receiving a recommendation from the CDD or designated planning staff member, the commission shall make a recommendation regarding the SPA plan to the county council. The commission shall make a recommendation for approval, approval with conditions, or denial. In a recommendation for approval, the commission shall also make findings as to the justification for density incentives granted by the county through section 10-2-12 of this title. If the commission recommends approval, the commission shall first have determined that:
(1) The proposed project conforms to all goals, objectives and policies of the general plan and land use plan maps;
(2) The proposed project conforms to all relevant provisions of this title;
(3) The development proposed in the SPA plan is compatible with the appropriate social, cultural, rural, mountain and natural resource characteristics of the Snyderville Basin;
(4) The development proposed is in sufficient compliance with criteria established in section 10-2-12 of this title, to merit an increase in density and differentiation of uses as proposed;
(5) All development allowed by the SPA plan complies with appropriate concurrency management provisions of this title and the appropriate infrastructure and level of service standards of this title or appropriate criteria and standards described in the SPA plan;
(6) When appropriate, based on the size of the project, the landowner or applicant agrees to, at a minimum, contribute or provide, when appropriate, all capital improvements and facilities necessary to mitigate the impacts of the project on the county and its special districts;
(7) The landowner or applicant for a development within a town or resort center shall establish significant economic enhancement and tax base for the Snyderville Basin;
(8) The project will not generate unacceptable construction management impacts; and the appropriate mitigation measures are included in the SPA plan;
(9) All development approved in the SPA plan will meet or exceed development quality and aesthetic objectives of the general plan, this title, and section 10-2-12 of this title;
(10) The development will be consistent with the goal of orderly growth and minimize construction impacts on the public infrastructure within the Snyderville Basin;
(11) Development will protect life and property from natural and manmade hazards;
(12) Development will prevent harm to neighboring properties and lands, including nuisances;
(13) The SPA plan includes the written consent by each landowner whose properties are included within the area described;
(14) The SPA plan results in benefits to the general public that would not otherwise occur under the literal application of this title; or the provisions of the existing zone district;
(15) The SPA is consistent with the SPA designation ordinance;
(16) Approval of the SPA plan will not adversely affect the health, safety and welfare of residents of the Snyderville Basin; and
(17) The project has been designed to avoid ridgeline encroachment from designated roadways, is consistent with section 10-4-3 of this title, and does not propose any development in the ridgeline setback area.
e. After the recommendation of the commission has been rendered, the CDD or designated planning staff member shall schedule a public hearing and place the application and recommendation of the commission and CDD or designated planning staff member on a regular agenda of the county council for review and acceptance of public comment. The CDD or designated planning staff member shall cause reasonable notice to be given before the public hearing. At the discretion of the county council, either in conjunction with or at a meeting following the public hearing, the county council shall render its decision to approve, approve with conditions, or deny the application for SPA plan. In approving the SPA plan, the county council shall first find that:
(1) The commission's findings, required in this section, are appropriate and reasonable;
(2) The commission's justification related to density incentives according to section 10-2-12 of this title is fair, reasonable and consistent with the goals, objectives and policies of the plan; and
(3) Approval of the SPA plan will not adversely affect the health, safety and welfare of residents of the Snyderville Basin. The county council approval shall be in the form of an ordinance.
f. Once the county council approves the major SPA plan, the CDD or designated planning staff member shall cause all applicable signatures to be obtained on the SPA plan. The final SPA plan and preliminary title report shall be reviewed by the county attorney for acceptability.
g. Upon approval of the county attorney, and once all required signatures are obtained, the CDD or designated planning staff member shall cause the SPA plan to be recorded in the records of the county recorder.
h. In the event that the CDD or designated planning staff member or county council determines that the applicant substantially altered the SPA plan after the review and recommendation of the commission but prior to consideration by the county council, the county council may remand the application to the commission for further proceedings. A motion by the county council to remand the application to the commission shall establish a time within which said commission proceedings must be conducted and completed.
5. Effect Of An Approved Major SPA Plan:
a. The approved and recorded major SPA plan shall constitute a development permit. It shall contain those terms and conditions related to zoning, subdivision and site planning agreed to by the county. The SPA plan shall describe all of the limitations, restrictions, conditions and parameters associated with the development of the subject property. The SPA plan shall describe all processes and procedures for obtaining a building permit for all elements of the development.
b. Upon approval of a major SPA plan by the county council, it shall constitute a vested right in the specific terms and proposals contained therein for a period of five (5) years from the date of the approval, or longer when specifically allowed in the agreement or when subsequently agreed to by the county council, subject to any conditions agreed to and incorporated in the agreement.
6. Major SPA Plan Modification:
a. Upon receiving an application for a modification to an approved SPA plan, the CDD or designated planning staff member shall schedule the matter at a regular meeting of the commission as soon thereafter as may be practicable. The CDD or designated planning staff member shall schedule a public hearing and give reasonable notice thereof on the matter before the commission. The commission shall hear public input and review the CDD or designated planning staff member's recommendation related to the proposed modification. The commission shall review the proposed modification and make a recommendation for approval, approval with conditions, or denial to the county council. In making a recommendation for approval, the commission must find that:
(1) Circumstances relevant to the request have changed since, or were unknown at the time of, the original SPA plan approval;
(2) The modification will not otherwise alter any of the findings required in this section;
(3) The modification is generally consistent with the efficient development and preservation of the entire SPA plan;
(4) The modification does not affect in a substantially adverse manner either the enjoyment of land abutting upon or in the general vicinity of the property in question; and
(5) The public health, safety and general welfare are not adversely impaired by the modification.
b. Upon receiving a recommendation from the commission, the county council shall hold a public hearing on the proposed modification. The CDD or designated planning staff member shall cause reasonable notice to be given before the public hearing. After receiving public input and reviewing the recommendation of the commission and CDD or designated planning staff member, the county council shall approve, approve with conditions, or deny the modification. Approval shall be in the form of an ordinance amending the original SPA plan ordinance. In making a determination for approval, the county council must find that:
(1) Circumstances relevant to the request have changed since, or were unknown at the time of, the original SPA plan approved;
(2) The modification will not otherwise alter any of the findings in this section;
(3) The modification is generally consistent with the efficient development and preservation of the entire SPA plan;
(4) The modification does not affect in a substantially adverse manner either the enjoyment of land abutting upon or in the general vicinity of the property in question; and
(5) The public health, safety and general welfare are not adversely impaired by the modification. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009)