Chapter 18.59
PLANNED DEVELOPMENT OVERLAY ZONE (PD)
Sections:
18.59.040 Residential and commercial uses.
18.59.050 Development standard variations.
18.59.060 Architectural review and standards.
18.59.010 Purpose.
The purpose of the planned development overlay zone (PD) is to encourage high-quality, innovative, and creative development in the City. It allows for flexibility in the consideration and approval of development plans, which serve public interests more fully than development permitted under conventional zoning regulations. A planned development is not a means to skirt the rules. Instead, its function is to elevate and encourage better design, better use of land, and improved engagement with the Planning Commission. The City shall only use this overlay when it is clearly demonstrated that in doing so the existing residents of Francis City will derive substantial benefit. (Ord. 2021-11 § 1 (Exh. A), 2021.)
18.59.020 Requirements.
For a development to qualify for planned development zoning, the applicant must demonstrate the potential for achievement of the following objectives throughout the planning, design, and development stages:
1. Implements the City’s vision for current and future growth, furthering the goals and objectives of the Francis City general plan.
2. Encourages efficient use of land and resources, preserving and protecting to the greatest extent possible, open spaces and natural lands, the existing landscape features and view corridors, and historical structures.
3. Promotes greater efficiency in public and utility services, clustering dwelling units.
4. Encourages innovative planning and development that achieves exceptional sustainability performance with regards to resource consumption, sustainable materials, and the impact on natural systems.
5. Fosters an improved sense of community, providing for adequate, well-located, and well-designed open space and community facilities.
6. Providing for a planned, integrated, and comprehensive transportation system for pedestrian and vehicular traffic, which may include provisions for roads, trails, bicycle, or equestrian paths.
The planned development overlay shall only be applied to a project area of at least 10 acres. The planned development zone may be used in combination with any zone set forth in this title. However, it may not be overlayed on an individual flag lot. The provisions of the planned development zone shall be supplementary to the provisions of the zone with which it is combined and shall not be applied to any land area as an independent zone. (Ord. 2022-01 § 1 (Exh. A), 2022; Ord. 2021-11 § 1 (Exh. A), 2021.)
18.59.030 Process.
The petition process for a planned development overlay zone shall follow the procedure for a zone map amendment as outlined in this title, with the following additions to the process and application:
1. Concept Plan. The applicant shall submit a conceptual plan for discussion with the Planning Commission prior to the submission of an official application. The concept plan shall meet all the requirements of Chapter 17.15 FCC (Concept Plan) as well as the following:
a. Density. The number and layout of residential units proposed per acre in the planned development shall be shown on the map.
b. Site Area. The overall acreage of the project as well as the layout of open space, recreational facilities, commercial structures and parking, roadways, pedestrian and bike paths, other common community facilities and landscaped areas in public rights-of-way shall be depicted on the map.
2. Objectives. The applicant must include evidence showing the development meets the objectives listed in FCC 18.59.020. Written narratives, diagrams, photographs, renderings, and other information may be submitted as evidence with the application. An application is considered incomplete without such evidence.
3. Agreements. Creation of a development agreement that identifies land uses, zoning, residential densities, nonresidential land uses, public and private funding obligations, construction of public and private amenities, impact fees or other development credits, and phasing for the development is required. The development agreement must place maintenance and ownership responsibilities for private streets and alleys within a planned development with the landowner(s) or an owner’s association such as a homeowner’s association (HOA). The development agreement shall be executed upon approval of the planned development overlay zone. The developer shall submit to the City an agreement between the developer and the City stating among other things:
a. That in the event of failure or neglect on the part of the owners, successors, assigns, or homeowner’s association (HOA) to maintain water and sewage facilities, private roads and alleys, common areas, landscaping, or other improvements in good conditions, the City may perform the necessary work and charge the cost thereof, including reasonable attorney fees, to the owners or their successors and assigns;
b. That the owners, successors, assigns, or HOA will reimburse the City for all costs which the City incurs as a result of performing the necessary work along with any penalties due per Chapter 18.145 FCC, Penalties;
c. That the terms of the contract shall be binding upon the heirs, assigns, receivers, successors, and HOA of the project for the life of the project or development; and
d. Any other conditions that the Planning Commission, City Council, and/or City Attorney deems to be reasonably necessary to carry out the intent of this chapter.
Approval of the planned development overlay zone does not constitute approval to proceed with development. The developer is required to follow the procedure and obtain the approvals required in FCC Title 17 and this title and other City ordinances to obtain subdivision approval.
An applicant shall be entitled to appeal a conditional approval or recommendation for disapproval of the planned development overlay zone by the Planning Commission to the City Council.
Failure to submit a preliminary subdivision plan or a commercial site plan within one year of receiving planned development overlay zone approval by the City Council shall terminate all proceedings and render the planned development overlay zone null and void and the land shall revert to its former land use classification prior to establishment of the planned development overlay zone.
The City Council may, in its sole discretion, grant the applicant an extension of this deadline, for good cause shown, if application is made prior to expiration of the deadline. (Ord. 2021-11 § 1 (Exh. A), 2021.)
18.59.040 Residential and commercial uses.
Uses allowed in a planned development shall be limited to those permitted or conditional uses set forth in the zone with which the planned development overlay zone is combined and the uses set forth in this section. Any conditional use shall be subject to the issuance of a conditional use permit as set forth in this title.
1. Density. Reduced lot areas shall be a permitted use in a planned development provided total density does not exceed the density permitted by the underlying zone in which the development is situated. Total density shall be calculated as total square footage of the subject property divided by the minimum lot requirement. Private roads and alleys are not deducted from the total square footage.
2. Commercial Uses. Any commercial use allowed in Chapter 18.45 FCC shall be a permitted use with the planned development overlay of a C-1 zone provided such use is designed as an integral element of the planned development, including building and landscaping design which is consistent with design elements of the development. (Ord. 2021-11 § 1 (Exh. A), 2021.)
18.59.050 Development standard variations.
Variations from applicable development standards of an underlying zone and FCC Title 17 and this title may be approved by City Council after receiving a Planning Commission recommendation as part of the planned development overlay zone approval; provided, that such variations are explicitly noted in the ordinance granting planned development overlay zone approval; and provided, that the applicant demonstrates that:
1. A proposed project which includes a variation is the result of a substantial amount of advanced planning; and
2. Any adverse conditions which may result from the variation will be mitigated; and
3. Any variation for private streets or alleys at a minimum complies with Section 503 and Appendix D of the International Fire Code and the South Summit Fire District requirements; and
4. The variation will result in a substantial benefit not only to persons who live or work within the project, but also to Francis City and its residents generally.
Where a planned development establishes unique standards that conflict with the standards of FCC Title 17 and this title, planned development standards shall prevail. When a planned development is silent or does not establish development standards, the standards for the underlying zone shall apply as determined and interpreted by the City Planning Department. (Ord. 2021-11 § 1 (Exh. A), 2021.)
18.59.060 Architectural review and standards.
Proposed developments shall undergo an architectural review by the Planning Commission. The review will determine if the developer has effectively incorporated the architectural heritage and history of the valley into the development design. Manufactured homes are prohibited in a planned development. Permanent structures including panelized or prefabricated homes are allowable. All structures must be placed upon a permanent foundation of reinforced concrete in accordance with International Building Code standards. (Ord. 2021-11 § 1 (Exh. A), 2021.)