Chapter 16.10
MASTER DEVELOPMENTS
Sections:
16.10.020 Master development approval required.
16.10.030 General considerations.
16.10.060 Review and approval process.
16.10.070 Criteria for approval of MDPs.
16.10.080 Criteria for approval of MDAs.
16.10.090 Master development amendments.
16.10.100 Expirations and extensions of approvals.
16.10.010 Purpose.
This chapter establishes the requirements and review and approval processes for master developments. In a growing city, master developments provide the community a way to better understand, plan for, and approve large development areas. Master developments help to ensure that these projects relate well to surrounding uses while also establishing the required public investments and benefits for the development and community. [Ord. O-32-2020 § 2 (Exh. A); Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.1). Formerly 16.10.020].
16.10.020 Master development approval required.
Master development approvals are required for any development project that meets the criteria below. Master developments require the approval of a master development plan (MDP) and master development agreement (MDA).
A. Projects in Excess of 50 Acres. A master development approval shall be required for any development in excess of 50 acres in size.
B. Projects in Excess of 200 Acres. Any proposed development of more than 200 acres in size must divide the project into separate master development applications of 200 acres or less. A master development approval may be granted, based on the criteria outlined in this chapter, in a phased approach in order to ensure adequate buildout within the defined time frame and benchmarks of an approved MDA before approving additional master developments of the larger project.
C. Property Ownership. Property shall not be divided in order to circumvent the size requirements with respect to the submittal of master development applications.
D. Annexations. A master development approval is required for property that is in excess of 50 acres and is pending annexation into the corporate boundaries of the city for the purposes of immediate development. This requirement may be waived by the city council if they determine that the project does not include off-site infrastructure and/or includes only one proposed zoning district for development. Land that is not intended for immediate development may be annexed into the city and shall be zoned as agriculture and may be proposed for development through a master development approval process at a later date.
E. City Council Discretion. The city council may require a master development application and approval for any development within the city. That criteria may include, but is not limited to, off-site infrastructure, more than one zoning district, ridgelines, unique open space, or potential impacts to other properties. [Ord. O-32-2020 § 2 (Exh. A); Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.2). Formerly 16.10.030].
16.10.030 General considerations.
The following general considerations apply to all proposed master developments:
A. Zoning Districts. A master development proposal is a rezone request and must contain specific proposed zoning districts and site use designations authorized by EMMC Title 17 for all land within the master development. An application for a master development shall be processed as an application for a rezone request pursuant to Chapter 17.90 EMMC.
B. General Plan Amendments. If the proposed zoning, land uses, and/or major roads in the master development do not comply with the current future land use and transportation corridors map, the application shall be processed as an application for a future land use and transportation corridors map amendment.
C. Master Development Plan. As outlined in this chapter, the application materials act as the MDP and guiding documents for the proposed development of the property. As the MDP is finalized through the review and approval process, the MDP will be used as a basis for the MDA.
D. Master Development Agreement. An MDA will be executed between the applicant and the city to specify the land uses, zoning, traffic circulation, public and private funding obligations, construction of public and private infrastructure and amenities such as trails and parks, impact fees or other development credits and obligations, off-site utility construction, excavation material processing, allowed earth removal methods, and phasing of the master development. [Ord. O-32-2020 § 2 (Exh. A); Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.3). Formerly 16.10.040].
16.10.040 Application.
Property owners or their duly authorized agent shall make application for a master development to the planning department. A complete master development application includes the application form, all elements listed in this section below, and the application fee. Incomplete applications shall not be processed.
A. Supporting Materials. All master development applications shall contain, at a minimum, the following information:
1. Legal Description. A legal description of the property.
2. Vicinity Map. A vicinity map showing the approximate location of the subject property with relation to the other major areas of the city.
3. Traffic Plan. A plan showing the primary street layout, street construction phasing, and detailed traffic study prepared by a traffic engineer. Roadways included in the city’s current transportation plan within one-quarter mile of the project as well as within the project must be included in the traffic plan.
4. Fee. The application fee required by the current consolidated fee schedule approved by the city council and public notice fee (to be calculated and paid prior to the first public meeting).
5. Project Team. A list of project team members including licensed professionals (engineers, landscape architects, etc.) directly involved in the project that shall be available during presentations to the planning commission and city council.
B. Land Use Plan. Master development applications shall include a land use plan that identifies the following:
1. Existing Conditions. A map showing the current zoning designations, including all existing zoning and zoning overlay districts on the property along with existing physical characteristics of the site, including waterways, natural washes, historical sites and features, areas with greater than 25 percent slopes, geological information, fault lines, general soil data, and contour data at two-foot intervals.
2. Compatibility Statement. A statement explaining how the proposed development is compatible with surrounding land uses and other areas of the city and how internal compatibility will be maintained.
3. Environmental Impact Report. An environmental impact report detailing potential impacts of the proposal on existing vegetation and wildlife, watercourses, sources of water, waste generation, noise, etc. Sensitive lands, historical sites, and endangered plants should be identified.
4. Proposed Land Use and Zoning Map. A map with details of the proposed development indicating the:
a. General development pattern. Phasing shall generally begin near existing roads and infrastructure and then move towards undeveloped areas;
b. Land uses. This shall include roads, water retention/detention, open spaces, parks and recreation, and trails;
c. Proposed zoning districts. All proposed zoning districts shall be identified on a project map. The zoning districts are not required to be in a grid/box format and are encouraged to follow natural contours and progression of development transitioning according to Chapter 17.60 EMMC; and
d. Any other important elements of the project.
5. Parks, Open Space, and Trails Plan. A plan indicating how the proposed master development will comply with the city’s current parks, trails, and open space master plan. If any parks, open space, and/or trails will be developed in phases, the proposed phasing shall be outlined.
C. Utility Plans. Master development applications shall include the following utility plans:
1. Grading, Drainage, and Erosion Plan. A grading, drainage, and erosion plan showing roadways, drainage ways, vegetation, and hydrological conditions of a 10-year, 24-hour event and a 100-year, 24-hour event.
a. The major basin descriptions referencing all major drainage reports such as FEMA, major drainage planning reports, or flood insurance maps and the basin characteristics and planned land uses.
b. The subbasin description showing the historical drainage pattern and off-site drainage patterns both upstream and downstream of the property.
c. A description of how the proposed system conforms to existing drainage patterns and how off-site upstream drainage will be collected to protect development.
d. The water quality evaluation showing the water quality shall not be degraded from existing storm water quality, including how solids are collected and not allowed to be discharged into downstream waters and how oils, greases, and other pollutants are separated from storm water.
2. Infrastructure Map. A map showing the existing and proposed infrastructure, including roadways, utility locations and capabilities, and the estimated impacts of the master development on all public utilities, including potable water, irrigation water, wastewater, transportation, fire protection, and solid waste.
D. Infrastructure Funding Analysis. An infrastructure financing report describing in reasonable planning-level detail the cost of all infrastructure required to serve the area of the proposed development. Engineering estimates of construction costs, based upon recent expenses incurred for similar facilities in the area, may be used. The financial element may suggest the use of special improvement districts with privately funded reserve funds or the use of other financial methods requiring the cooperation of the city or the use of public finance authorization legally and practically available to the city. The plan shall include the use of property collateral of the development applicant to assure the city that the proposal will not unduly burden the city, adjoining property owners who will not voluntarily participate in the project, or other property owners in the city. The plan must show that the required infrastructure can be provided by the applicant or jointly by the city and the applicant using the funding provided by the applicant sponsored by publicly authorized financial methods proposed in the plan. [Ord. O-32-2020 § 2 (Exh. A); Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.4). Formerly 16.10.050].
16.10.050 Waivers.
An applicant may request in writing a waiver of specific required elements of a master development application or waiver from requirement of a master development approval.
A. Waiver for Elements of the Application.
1. At the time an application is submitted, the applicant must include a written request of any item they seek to not include or create as part of their application. The request shall include a brief description as to why the element does not apply to the proposed project.
2. During the review process as outlined in EMMC 16.10.060, the planning commission and city council will review the request for the waiver along with the other submitted materials. The city council may approve the request for the waiver or, if denied, the applicant will then be required to submit the outstanding materials which then will require review following the process outlined in EMMC 16.10.060.
B. Waiver of Requirement for Master Development Approval.
1. Upon submission of a written request to waive the requirement for master development approval, the planning commission will hold a public hearing to review the request. The planning commission will then make a recommendation to the city council.
2. The city council will hold a public hearing to review the waiver request and take final action to approve, amend, or reject the waiver request.
C. Criteria to Approve a Request for Waiver. The city council may approve a request for waiver of either item listed above upon finding one or more of the following:
1. The project’s concept plan review (pursuant to Chapter 16.15 EMMC) received feedback from the planning commission and/or city council in regards to reduced master development application requirements;
2. The project will not require modification or additions to existing conditions (zoning designation, land use designation, roadways);
3. The project involves limited development requirements for infrastructure; or
4. The strict application of this chapter would result in peculiar or exceptional difficulties, or exceptional and undue hardship, or the buildable area of the property is significantly reduced by topography or preexisting easement restrictions. [Ord. O-32-2020 § 2 (Exh. A)].
16.10.060 Review and approval process.
Upon completion of a concept plan review pursuant to Chapter 16.15 EMMC, an applicant may file a master development application following the requirements of EMMC 16.10.040. The master development application shall not be construed as an absolute right upon submission and does not require the approval body to take action based upon findings of fact. The master development is not valid and approved until the MDA is executed.
The city shall review the application in accordance with the following procedure:
A. Development Review Committee. Upon receipt of a complete master development application, a staff review by the development review committee (DRC) with the applicant will be scheduled. The review will provide initial feedback and items for revision for the applicant to take into consideration prior to the public review. Additional DRC reviews may be necessary, depending on the feedback and requested changes.
B. Planning Commission Review. Upon completion of the DRC review process, the planning department shall schedule the application for a public hearing before the planning commission. The planning commission shall conclude their hearing with a recommendation of action to the city council.
C. City Council Review. Upon completion of the planning commission review process, the city council shall conduct a public hearing on the application.
1. If the city council approves the MDP, the process will move forward to an MDA.
2. If the city council denies the MDP, the applicant may apply for a master development on the property after one year from the date of denial, unless the city council finds that there has been a substantial change in the application, circumstances, or sufficient new evidence since the disapproval of the application to merit consideration of a second application within the one-year time period. Any future application will be considered a separate application and must follow the full application and review process as outlined in this chapter.
D. Master Development Agreement. An initial agreement shall be drafted by the city. Review of the agreement will take place first at the staff level. The agreement will then be reviewed at a public meeting held by the planning commission which will provide a recommendation to the city council. The agreement review will conclude with a public meeting by the city council which will then take action on the agreement and authorize staff to finalize the agreement and mayor to execute. Depending on the scale and scope of the project, the city council may request a third-party legal review of the final agreement for compliance with local, state, and federal laws prior to executing the agreement. The agreement shall meet all requirements of EMMC 16.10.080. [Ord. O-32-2020 § 2 (Exh. A); Ord. O-25-2016 § 2 (Exh. A); Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.6)].
16.10.070 Criteria for approval of MDPs.
A master development application shall be evaluated using the following criteria. The planning commission and city council will determine compliance with these criteria:
A. General Criteria.
1. Slope. Is the slope of each area designated for development suitable for the intended development? Does the application restrict development from areas with a slope greater than 25 percent?
2. Natural Hazards. Can the proposed development reasonably be established without hazard of slope failure (rockfall, landslides, debris flows, and similar earth movements)?
3. Storm Water Runoff. Does the application include development methods that will not accelerate runoff and erosion in a way that would have adverse downslope or downstream impacts?
4. Protection of Natural Channels and Ridgelines. Will the proposed development be reasonably compatible with the protection of natural channels and comply with the ridgeline protections as provided in Chapter 17.62 EMMC, where applicable?
5. Flooding. Will the proposed development be reasonably safe from flooding, including alluvial fan flooding?
6. Soil Characteristics. Is the soil in each area designated for development generally suitable for that development? Soil characteristics that shall be considered in answering this question include depth to rock, depth to water table, texture, permeability, expansiveness, corrosivity, and runoff potential. The suitability tables found in the Soil Survey of the Fairfield-Nephi Area, Utah, parts of Juab, Sanpete, and Utah Counties issued by the USDA Soil Conservation Service may be used in answering this question.
B. Criteria Related to Infrastructure.
1. Utilities. Can the proposed development be adequately served by existing and proposed utilities for the project area?
2. Streets. Does the street plan comply with the transportation master plan? Can the proposed development be adequately served by the city’s transportation master plan and the project’s proposed local streets?
3. Water Rights. Is there legally enforceable documentation to the satisfaction of the city attorney that substantiates the ability of the applicant to convey water rights to the city based on the development need, including both the building lots and common improved open space?
C. Criteria Related to Compatibility.
1. Compatible Development – Adjacent Parcels. Will the proposed development be reasonably compatible with existing or vested uses on adjoining lands? Is the proposed plan consistent with the city’s future land use map or requested amendment? The answer to these questions may be based on the standards established in EMMC 17.60.150 and 17.60.160.
2. Compatible Zones and Transitions – Internal Parcels. Will the proposed zones and residential lot size transitions be reasonably compatible with each other in accordance with EMMC 17.60.150 and 17.60.160? Does the placement of proposed uses help buffer potentially incompatible uses from one another?
D. Criteria Related to Design.
1. Open Space.
a. Does the proposed development include the improved open space required by this title?
b. Does the proposed pattern of development attempt to make effective use of the open space?
c. Does the development incorporate trails, parks, and other open spaces included in the city’s parks, trails, and open space master plan?
d. Does the plan attempt to combine open spaces into larger, more usable parks and open spaces?
2. Public Facilities. Does the proposed development include land designated for public uses, including churches, schools, community centers, etc.? [Ord. O-32-2020 § 2 (Exh. A); Ord. O-16-2010 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 2.7)].
16.10.080 Criteria for approval of MDAs.
The MDA shall include the following elements to ensure the method, timing, and requirements of construction throughout all phases of the master development. The MDA shall be a standard template originated by the city and modified as needed through the review process.
A. Development Rights and Responsibilities. The MDA shall include the approved development rights of the project and responsible parties for completion of project elements including but not limited to:
1. Vesting granted to the property;
2. Phasing of the development;
3. Construction and maintenance of public improvements;
4. Special conditions relating to lot design, necessary off-site conditions or improvements, open space and parks, location of utilities, physical characteristics of the property; and
5. Any other conditions or methodologies necessary for the master development’s buildout.
B. Benchmarks. The applicant shall be required to take measurable action, upon the execution of the MDA, through performance benchmarks including but not limited to:
1. A set time limit to apply for the first site plan and/or preliminary plat;
2. A set time limit from the approval of the first site plan and/or preliminary plat to begin site work;
3. A set time limit from the approval of the first site plan and/or preliminary plat for all phases of curb, gutter, and road completion; and
4. A set time limit from the approval of the first site plan and/or preliminary plat for all phases of open space, park, and/or trail completion.
C. Expiration of the Master Development. Master development approvals shall expire six months from the date of approval by the city council if an MDA has not yet been approved and signed by all applicable parties. MDAs shall:
1. Include an expiration of terms of the agreement with a set time limit determined at the approval of the MDA; and
2. Not extend longer than six years from the signing of the agreement.
D. General Plan Compliance. A compatibility statement that confirms compliance with the city’s future land use map, master transportation plan, and general plan documents.
E. Amendments and Extensions of Time. The MDA shall include sections for amendments and extensions of time to the MDA based on the requirements and allowances in this chapter at the time of the MDA approval. [Ord. O-32-2020 § 2 (Exh. A)].
16.10.090 Master development amendments.
A. Amendments. After a master development is approved and prior to completion of the full buildout of the project, an amendment to the master development approval will require an approval for any proposed change to the MDP or MDA.
A proposed amendment may include, but is not limited to, changes that:
1. Alter the amount of land area for any use(s);
2. Require a rezoning of property;
3. Require an amendment to the general plan’s future land use map and/or transportation plan;
4. Require a plat amendment; or
5. Alter the timing of benchmarks or other terms in the MDA.
B. Amendment Review and Approval Process.
1. Application. An application for amendment must be submitted to the planning department. The application requirements will follow those outlined in EMMC 16.10.040, but will only require documents that are directly related to the particular amendment request.
2. Review. A review of the amendment request will follow EMMC 16.10.060.
3. Action. The city council shall take the final action on the amendment request. [Ord. O-32-2020 § 2 (Exh. A)].
16.10.100 Expirations and extensions of approvals.
A. Expiration of Approval. A master development approval shall be determined to have expired when:
1. The MDA failed to be signed by both the city and the applicant(s); or
2. The term of the agreement has expired based on the set time limit.
B. Extensions of Time. It is the responsibility of the applicant to request an extension of time prior to the MDA expiration. An extension of time may be requested with the following requirements:
1. A written, signed request for the extension shall be received by the planning department at least three months prior to the expiration date of the project.
2. The request shall specify any progress made on the project’s MDA benchmarks and conditions of approval, the reason(s) for the extension request, and any supporting documentation.
C. Criteria for Approving Extensions of Time. The planning commission shall take final action on an extension of time request. The planning commission may approve up to two two-year extensions of time to a master development that meets the following criteria:
1. The applicant has demonstrated a good faith effort to initiate the project by completing any applicable conditions and benchmarks; or
2. The extension is necessary due to a delay in action by the city or other public agency or by uncontrolled circumstances including, but not limited to, economic or natural disaster or a city, state, or federal emergency declaration.
D. Appeals. An appeal of the planning commission’s final action on an extension of time request shall be submitted to the city recorder’s office within 15 days of the date of the decision. The appeal will be considered by the city council. An appeal of the city council’s appeal decision shall be made to the district court within 30 days of the city council’s decision. [Ord. O-32-2020 § 2 (Exh. A); Ord. O-16-2010 § 2 (Exh. A). Formerly 16.10.080].