A. Intent: A master planned development (MPD) is a comprehensive project design strategy to create projects that best address site conditions, the characteristics of the surrounding properties, as well as community and market demands. The master planned development process also creates tools to promote the efficient use of land resources as well as efficient public infrastructure and utility services. The goal of this strategy is to produce superior project design through flexibility and innovation so as to advance the goals of the General Plan and this chapter.
B. Applicability: The master planned development process shall be required in all zones for the following applications:
1. Any application for a rezone.
2. Any application to subdivide at base density resulting in four (4) or more lots or parcels.
3. Any application which includes the movement of base density or uses between zones on a single parcel which results in the creation of four (4) or more lots or parcels.
4. Any application which includes a density bonus within a residential zone.
5. All applications for commercial uses, retail commercial establishments, offices, institutional uses or industrial uses with more than twenty thousand (20,000) square feet of floor area.
C. Uses: A master planned development can only contain uses which are permitted or conditional within the zone(s) in which such are located, including rezones.
1. When the project area includes parcels with differing zones, uses may be relocated across zone boundaries so long as the application is for a rezone and the County Council determines that relocation results in a project design that advances the goals set forth in the General Plan.
D. Process:
1. Pre-Application Conference: A required pre-application conference shall be held with staff so the applicant can become acquainted with the master planned development procedures and related County requirements and schedules. Staff may give preliminary feedback to the applicant based on information available at the conference and may inform the applicant of potential issues or special requirements which may result from the proposal.
2. The Master Planned Development Application: A plan for the master planned development shall be submitted with a completed application form supplied by the County. A list of minimum requirements will accompany the application form. The application must include written consent by all owners of the property to be included in the master planned development. Once an application is received, it shall be assigned to a staff planner who will review the application for completeness. The applicant will be informed if additional information is necessary to constitute a complete application.
3. Planning Commission Review And Public Hearing; County Council Action: The County Council is the Land Use Authority for master planned developments. Prior to final action by the County Council, the Planning Commission is required to hold a minimum of one (1) public hearing prior to forwarding a recommendation to the County Council. The County Council shall take final action on the application for a master planned development. County Council action shall be in the form of written findings of fact, conclusions of law, and in the case of approval, conditions of approval.
4. Development Agreement As Part Of A Rezone: All approvals for a rezone shall be put in the form of a development agreement. The document shall be reviewed by the County Attorney's office and shall contain, at a minimum, the following:
a. A legal description of the land;
b. All conditions of approval, relevant zoning, and development code parameters, including all findings of fact and conclusions of law, specifying any exceptions, including but not limited to those outlining more or less restrictive height or setbacks;
c. An express reservation of the future legislative power and zoning authority of the County;
d. A copy of the approved site plan, architectural plans, landscaping plans, grading plan, trails and open space plans, and other plans, which are a part of the approval;
e. A description of all developer exactions or agreed upon public dedications;
f. The developers agreement to pay all specified impact fees;
g. The form of ownership anticipated for the project;
h. A specific project phasing plan; and
The development agreement shall be signed by the Chair of the County Council and recorded with the Summit County Recorder. The development agreement shall contain language to allow for minor, administrative modifications without revision of the agreement. The development agreement shall be reviewed and signed as part of the final rezone approval by the County Council.
5. Vesting Of Approval:
a. Master Planned Developments Not Associated With A Final Subdivision Plat: Construction within the MPD area will be required to commence within five (5) years of the date of the County Council MPD approval. After construction commences, the MPD shall remain valid as long as it is consistent with the approved specific project-phasing plan as set forth in the approved Final Site Plan and associated documents. It is anticipated that the specific project-phasing plan may require review and re-evaluation of the project at specified points in the development of the project.
b. Master Planned Developments Not Associated With A Rezone, But Requiring A Final Subdivision Plat: A final subdivision plat must be recorded within five (5) years of the date of the County Council MPD approval. Additionally, construction within the MPD area will be required to commence within five (5) years of the date of the County Council MPD approval. In the event that the required final subdivision plat recordation and construction commencement has not taken place in the prescribed timeframe, the MPD shall expire and the final subdivision plat shall be void.
c. Master Planned Developments Associated With A Rezone, But Not Requiring A Final Subdivision Plat: Construction within the MPD area will be required to commence within five (5) years of the date of the County Council MPD approval. After construction commences, the MPD shall remain valid as long as it is consistent with the approved specific project-phasing plan as set forth in the approved final site plan and associated documents. It is anticipated that the specific project-phasing plan may require review and re-evaluation of the project at specified points in the development of the project. In the event that the required construction commencement has not taken place in the prescribed timeframe, the MPD shall expire and the zone shall revert to the previous zone designation.
d. Master Planned Developments Associated With A Rezone And Final Subdivision Plat: Unless otherwise extended per the provisions set forth in this chapter, a final subdivision plat associated with a rezone must be recorded within five (5) years of the date of the County Council MPD approval. Additionally, construction within the MPD area will be required to commence within five (5) years of the date of the County Council MPD approval. In the event that the required final subdivision plat recordation and construction commencement has not taken place in the prescribed timeframe, the MPD shall expire and the zone shall revert to the previous zone designation.
After recordation of the final subdivision plat and the commencement of construction, the MPD shall remain valid as long as it is consistent with the approved specific project plan and associated documents.
e. Master Planned Developments Associated With A Density Bonus And Final Subdivision Plat: A final subdivision plat associated with a density bonus must be recorded within five (5) years of the date of the County Council MPD approval. For phased developments, it shall be necessary to record the Phase 1 final subdivision plat within the prescribed five (5) year timeframe to vest the entire master planned development and density bonus. Additionally, construction within the MPD area will be required to commence within five (5) years of the date of the County Council MPD approval. In the event that the required final subdivision plat recordation and construction commencement has not taken place in the prescribed timeframe, the MPD shall expire and the final subdivision plat shall be void.
6. MPD Modifications:
a. Minor Amendment: A minor amendment is defined as an amendment that does not increase square footage, density, or intensity of the previously approved master planned development. A minor amendment shall be processed as a low impact permit.
b. Major Amendment: A major amendment is defined as an amendment that increases square footage, density, or intensity of the previously approved master planned development. A major amendment shall be processed as a master planned development.
E. MPD Requirements: All applications for a master planned development shall meet the following minimum requirements. Additional project information necessary for the project analysis may be required at the discretion of the Community Development Director, Planning Commission, or County Council.
1. Density: The maximum density permitted on the project site will be determined as a result of a site analysis. The maximum density shall not exceed that set forth in the proposed or existing zone, except as otherwise provided in this section. In cases where a project site contains more than one (1) zone, the County Council may permit the clustering of density irrespective of zone boundaries so long as the relocation results in the project advancing the goals set forth in the General Plan.
2. Density Bonus: A density bonus may be permitted in accordance with appendix B of this title.
3. Setbacks: The minimum setback around the exterior boundary of an MPD shall match the setbacks of the more restrictive/larger abutting zone setback. In some cases, that setback may be increased to create an adequate buffer to adjacent uses. The County Council may reduce or increase setbacks within the project from those otherwise required provided the project meets minimum Building Code and Fire Code requirements and can demonstrate that such change:
a. Maximizes agricultural land or open space; and/or
b. Avoids important natural features of the site.
4. Building Height: The maximum building height for all structures within a master planned development shall not exceed the zone standard. The County Council may grant additional building height beyond the maximum zone standard up to forty five feet (45') based on demonstrated good cause related, but not limited to, structured parking, affordable housing, deed restricted open space, community outdoor common area improvements or superior architectural design.
5. Reduction Of Minimum Lot Size Requirements: The County Council may reduce the minimum lot size specified in a zone if it finds the proposed decrease in minimum lot size improves the site design, clustering of buildings, and/or preservation of agricultural land or open space.
6. Open Space: Master planned developments shall provide for open space of at least ten percent (10%) of the site area.
7. Off-Street Parking: Master planned developments shall meet the following off-street parking standards:
a. Residential uses:
(1) Single family dwelling unit
Minimum 2 spaces/unit
(2) Duplex dwelling unit
Minimum 2 spaces/unit (total of 4/building)
(3) Accessory dwelling unit
Minimum 1 space/unit
(4) Guest house
Minimum 1 space/unit
(5) Multi-unit (3 or more units)
Minimum 1 space/unit
b. Non-residential uses:
(1) Commercial/retail
3 spaces/1,000 sq. ft. of net leasable floor area
(2) Commercial/restaurant-cafe
3 spaces/1,000 sq. ft. of net leasable floor area
(3) Hotel/lodging
1 space/guest room or suite; 2 spaces/1,000 sq. ft. support commercial
(4) Offices
2.5 spaces/1,000 sq. ft. net leasable area
The off-street parking requirements for any other uses not listed above shall be determined by the County Council based on a project-specific parking study. The County Council may reduce or increase the overall parking requirement for a master planned development based upon the applicant demonstrating reasonable justifications for the increase/decrease in parking spaces.
The County Council may grant additional exterior/surface parking provided such parking is designed to include permeable surfaces, additional landscaping and buffering.
8. Designing With The Topography: Master planned developments shall be designed to fit into the topography of the site. The County Council may consider flexibility in the siting of development so as to best fit into the natural terrain, minimize excessive site grading and mitigate impacts on the natural environment and resources of the surrounding area. The project design shall demonstrate the preservation of watercourses, drainage areas, wooded areas, rough terrain and similar natural features and areas.
9. Designing With Adjacent Uses: The master planned development plan shall take adjacent land uses into consideration. Development along the project perimeter shall adequately mitigate any potentially adverse effects, including but not limited to flooding, erosion, subsidence, sloping of the soil or other dangers and nuisances.
10. Access: All master planned developments shall have vehicular access from a public road. All projects shall have a secondary point of access/emergency access unless otherwise mitigated to the satisfaction of the County Engineer and/or Fire Marshal. All roads/streets shall follow the natural contours of the site wherever possible to minimize the amount of grading.
11. Utilities: Existing or proposed utilities, including private and public services for master planned developments will be adequate to support the proposed project at normal service levels and will be designed in a manner to avoid adverse impacts on adjacent land uses, public services, and utility resources. Unless otherwise permitted by this chapter, all master planned developments shall comply with all requisite infrastructure standards found in chapter 6 of this title.
12. Building Locations: All buildings shall be located to avoid, to the extent practicable, wetlands, riparian areas, steep slopes and ridgelines. Building locations and associated lot configurations should be oriented to encourage active and passive solar design principles wherever practicable.
13. Connectivity: Internal and external vehicular/pedestrian/bicycle circulation should be demonstrated at the time of application as deemed necessary by the County Council. Pedestrian/equestrian/bicycle circulation should be separated from vehicular circulation wherever reasonable.
14. Snow Storage: Master planned developments shall include adequate areas for snow removal and snow storage. An appropriate form of landscaping plan shall allow for snow storage areas. Structures shall be set back from any hard surfaces so as to provide adequate areas to remove and store snow. The assumption is that snow should be able to be stored on site and not removed to an off-site location.
15. Outdoor Lighting: All outdoor lighting shall be down directed and fully shielded. All outdoor lighting shall be designed and installed to prevent light trespass on adjacent properties. Lighting of the United States flag is exempt from this provision.
16. Compliance With Development Evaluation Standards: Unless otherwise permitted by this chapter, all master planned developments shall comply with all requisite development evaluation standards found in chapter 2 of this title.
17. Site Design Narrative: An application for a master planned development shall include a written explanation of how the project plan addresses the following design questions:
a. Neighborhood Connectivity: How does the proposed development interconnect and the surrounding properties, neighborhood, and area? Including but not limited to:
(1) Where will vehicles enter and exit the site?
(2) Where will new streets be developed?
(3) Is there a need for pedestrian and bicycle routes (including trails and sidewalks) through the project area? If so, how are such needs addressed?
b. Availability Of Neighborhood Facilities And Services: Is the location of the proposed development within reasonable proximity (including walking and biking) to community facilities such as schools, retail centers, parks, etc.?
c. Meeting Housing Needs: How does the proposed development advance the community need for a mix of housing types and affordability?
d. Character: What are the architectural design character objectives of the proposed development? How do these design objectives address the local context, climate, and/or community needs?
e. Site Design: How is the proposed development designed to take advantage of the existing topography, landscape features, trees, wildlife corridors, existing structures, minimize site grading, etc.?
f. Complete Street Design: How is the proposed development street/circulation system designed to accommodate a variety of transportation modes (where appropriate), easy route finding, and safe speeds?
g. Parking Areas: How does the proposed development balance the need for parking with the need to design parking areas in a manner that minimize visibility, site grading, and exterior lighting?
h. Public And Private Outdoor Spaces: What are the proposed development's need(s) for outdoor space, open space, habitat/wildlife areas, parks, or outdoor amenity areas? How does the proposed development address these needs?
i. External Storage: How does the proposed project address needs for garbage collection, equipment storage, etc.?
F. Required Findings And Conclusions Of Law: The County Council must find sufficient evidence that supports the following conclusions in order to approve a master planned development. In some cases, conditions of approval will be attached to the final action to ensure compliance.
1. The master planned development is designed to fit well into the natural terrain, minimize excessive site grading and protect and preserve the surrounding area.
2. The master planned development makes suitable provisions for the protection, preservation, and enhancement of watercourses, drainage areas, wooded areas, rough terrain and similar natural features.
3. The master planned development takes adjacent land uses into consideration and mitigates potential impacts, including but not limited to flooding, erosion, subsidence, sloping of the soil or other dangers and nuisances, through careful planning.
4. The master planned development has direct vehicular access from a public road or suitable private road or driveway access meeting all requirements of the County Engineer and Fire Marshal.
5. The master planned development has a secondary point of access/emergency access or other mitigation satisfactory to the Summit County Engineer and Fire Marshal.
6. All roads/streets within master planned development follow the natural contours of the site wherever possible to minimize the amount of grading.
7. Existing or proposed utility and public services are adequate to support the proposed master planned development at normal service levels and are designed in a manner to avoid adverse impacts on adjacent land uses, public services, and utility resources.
8. The proposed structures within the master planned development are located on reasonably developable portions of the site. The open areas within the master planned development are designed so that existing significant vegetation can be maintained to the greatest degree possible.
9. The master planned development includes adequate internal vehicular and, where deemed necessary, pedestrian/equestrian/bicycle circulation.
10. The master planned development includes adequate areas for snow removal and snow storage.
11. All exterior lighting within the master planned development is down directed and fully shielded.
12. The master planned development, as conditioned, complies with all the requirements of this chapter.
13. The master planned development, as conditioned, is consistent with the General Plan.
14. The master planned development has been noticed and a public hearing held in accordance with this chapter.
15. An approval from either the Summit County Health Department or the Eastern Summit County Water Conservancy Special Service District, depending on the type of approved wastewater system, as required per Title 2, Chapter 20. (Ord. 868, 6-14-2017; amd. Ord. 877, 4-18-2018, eff. 6-1-2018; amd. Ord. 868-A, 8-7-2019; Ord. 931, 10-13-2021)