Chapter 1.33 PUD

CHAPTER 1.33
PLANNED UNIT DEVELOPMENT (PUD)

Sections:
1.33.005 Purpose.
1.33.010 Permitted Uses.
1.33.015 Application and Density.
1.33.020 Streets and Circulation.
1.33.025 Open Space Requirements.
1.33.030 Additional Development Standards.
1.33.035 Variations from Development Standards.
1.33.040 Review and Approval.

1.33.005 PURPOSE. The Planned Unit Development (PUD) is an overlay zone that is applied to a specific property or project in accordance with the provisions of this chapter. It is intended to allow development design flexibility, integration of mutually compatible uses, consolidation of open spaces, clustering of dwelling units, and optimum land planning with greater efficiency, convenience and amenity than is possible under conventional zone regulations. To achieve these purposes, a planned development is one complex land use with a common architectural design theme that provides variety with architectural compatibility, rather than as an aggregation of individual, unrelated buildings located on separate, unrelated lots.

The intent of allowing Planned Unit Developments in the City is to:

1. Encourage the construction of a variety of housing types and lot configurations within the City under conditions and requirements that will ensure development of quality residential environments at a larger scale of sustained desirability and stability;
2. Encourage variety and allow more flexibility in the location of buildings on the land, the grouping of open spaces and number of dwelling units in one building, and allow for a variety of housing types within a single development;
3. Create more attractive and desirable environments within Tremonton City, including the preservation and consolidation of open space for visual enjoyment and recreational use.

1.33.010 PERMITTED USES. The PUD zone shall be used in combination with existing zoning districts limited to: R1-12, R1-10, R1-8, RM-8, RM-16, and MU; it shall not be used as an independent zoning district. Parcels in a PUD zone shall be indicated with the underlying zoning district on the Tremonton City Zoning Map.

Single and multiple family residential developments are permitted including but not limited to clustered developments, townhomes, condominiums, patio houses, duplexes, garden apartments, and apartments. Attached housing is limited to a maximum of six consecutive units with no more than two shared walls per unit. Mobile/manufactured homes, hotels, recreational vehicle parks and other similar transient residential facilities are not permitted.

Open space uses in a PUD shall include private recreational facilities unless otherwise agreed upon with Tremonton City. Private recreational facilities may include but are not limited to exercise fitness stations, clubhouses, sports courts, and/or swimming pools for the exclusive use of the occupants of the PUD and their guests when approved with the PUD plan. Other park-type amenities, such as playgrounds, trails and walking paths, pavilions, and other outdoor facilities shall be open to the public and maintained by an HOA.

A PUD may provide neighborhood-scale retail or professional offices whereas the Land Use Authority finds the commercial use compatible with the adjacent properties, the general area, or in line with the City’s General Land Use Plan. The commercial use should front collector and/or arterial roads as described within the City’s Transportation Master Plan. Off-street parking guidelines following Chapter 1.17 may be reduced up to fifty percent (50%) by the Land-Use Authority upon review of the building use, commercial square footage, and shared parking analysis completed by a licensed traffic engineer.

Accessory Dwelling Units (ADUs) are permitted within a PUD for single-family dwellings only in accordance with Chapter 1.21. All ADUs must submit the required application and receive a permit prior to occupancy.

1.33.015 APPLICATION AND DENSITY. A developer may make an application for the consideration and approval of a PUD overlay zone. The City Council shall review and may approve such applications after receiving a recommendation from the Planning Commission, as with other legislative matters. A public hearing is required in accordance with applicable State Code and local requirements. A development agreement shall also be required addressing items of mutual concern, including but not limited to open space, density bonuses, phasing plans, infrastructure and other improvements, architectural themes/guidelines, and/or commercial spaces. The City Council shall consider local development patterns and best beneficial uses, including open space and housing affordability, when making determination on the appropriateness of the PUD overlay.

Upon utilization of the PUD over an existing zoning district, variations from the otherwise-applicable development standards of the underlying zone may be permitted and approved by the Land Use Authority; however, this does not include variations to the permitted uses within underlying zoning district. An exception may be the development of small-scale, neighborhood commercial uses as part of a larger-scale overall PUD plan, where property fronts on arterials and/or collectors. Consideration for a PUD requires a minimum project size of five (5) acres. The Land Use Authority may consider a smaller size if the minimum contiguous open space meets the recreational and integrated storm water standards described further in this section.

A. Spacing Requirements. PUDs shall follow the base density of the underlying zone. If a PUD encompasses multiple underlying zones, the permitted units will be the aggregate of the underlying zoning districts. Design and location of the density can be distributed within the PUD without adhering to the base parcel boundaries.

LOT WIDTH REGULATIONS:
The minimum width in feet for any lot in the districts regulated by this Chapter.	40
LOT FRONTAGE REGULATIONS:
For cul-de-sac lots, minimum frontage in feet:	30
FRONT YARD SETBACK REGULATION: The minimum depth in feet for the front yard for main structures in districts regulated by this Chapter.	20
REAR YARD SETBACK REGULATIONS: The minimum setback in feet for the rear yard in the districts regulated by this Chapter shall be:	20
For Accessory Structures and Garages with no rear opening shall be:	3
SIDE YARD SETBACK REGULATIONS: The minimum side yard setback for one side in feet for any dwelling in districts regulated by this Chapter shall be:	10
Total width of the two (2) side
yards required shall equal:	15
Structures on corner lots side setback shall be:	15
For Accessory Structures and Garages with no side openings shall be:	3
CARPORTS. Carports not exceeding six-hundred (600) square feet in area and not more than one (1) story in height, when attached to the main building and constructed of fire rated materials, are permitted but may not extend beyond the rear and side yard setbacks.
HEIGHT REGULATIONS: The maximum height, as measured to the highest point from the finish grade of the ground level, for all buildings in districts regulated by this Chapter shall be in feet:	46
The minimum height of a dwelling in stories above grade:	1
The maximum height of an accessory building in feet:	20

B. Density Bonus. PUDs shall follow the base density of the underlying zone. If a PUD encompasses multiple underlying zones, the permitted units will be the aggregate of the underlying zoning districts. Design and location of the density can be distributed within the PUD without adhering to the base parcel boundaries.

ZONING DISTRICTS	BASE DENSITY (units per acre)	MAXIMUM DENSITY (50% bonus units per acre)
R1-12	3.6	5.4
R1-10	4.3	6.5
R1-8	5.4	8.2
RM-8	8	12
RM-16	16	24

For RR-1 and R1-20 zoning districts, the Land Use Authority may review PUDs that exceed the permitted bonus density. For a project to exceed the permitted bonus density in these areas, the development must: 1) rezone the parcels to an appropriate base zoning as determined by the Land Use Authority and 2) apply the PUD standards of this chapter.

C. Additional Density Bonus. Additional density may be granted to a project that provides additional amenities to the project as part of a high-quality master plan. Density bonuses shall be calculated using a point system based on the qualifications that follow. A project may receive up to 50 points total to determine the density bonus (i.e. 50 points = 50% bonus density per zoning). Amenities may include:

AMENITY	POINTS	QUALIFICATIONS
Open Space	2 points for every 1% of additional open space provided beyond 15% min. requirement	Must meet open space requirements in Sec. 1.33.025
On-Site Recreational Amenities	Up to 10 points	2.5 points for each included amenity
Enclosed Parking	Up to 10 points	5 pts - 75% of units w/garages
5 pts - 25% with covered structure
Streetscape Enhancements	Up to 10 points	2.5 points for each included amenity beyond min. requirements
Renewable/Energy Efficient Systems	Up to 15 points	5 pts – renewable energy
5 pts – additional insulation
5 pts – high-efficiency HVAC
Off-site Recreational Amenities	Up to 20 points	2 points for every $100K of amenities added to existing public open space

1. Open Space. One point may be given for the provision of each additional one percent of open space beyond the required fifteen (15%) percent as described in this chapter. See Section 1.33.025 below for Open Space Requirements.

2. On-Site Recreational Amenities. The dedication of property for recreational facilities such as swimming pools, pickleball courts, playgrounds, pavilions, clubhouses, walking trail, or similar improvements will be given 2.5 points for each amenity. Outdoor open space amenities not surrounded by fencing shall be available for use by the public, any outdoor open space amenity surrounded by fencing shall be reserved for the use of the members of the HOA. Indoor activities and facilities, including swimming pools, shall be reserved for the use of the members of the HOA.

a. Park and Trails System Improvement Fee-in-Lieu. In coordination with the City’s parks and trails system master plan, and where deemed appropriate by the City, the Developer may pay a fee-in-lieu per unit to the City for system-wide parks and trails improvements. These improvements/fees shall be determined as part of the Development Master Plan process and included in the Development Agreement. (5 points)

3. Enclosed Parking. The Developer may receive a density bonus for the integration of covered parking within multi-family housing into the project.

a. Garages. 75% or more of the attached housing units are provided with an enclosed 1-car or 2-car garage. (5 points)
b. Structural Coverings. 25% or more of the stacked housing unit parking spaces are covered with permanent structural coverings directly connected to the site’s storm drain system. (5 points)

4. Streetscape Enhancements. Street trees shall be provided for all PUDs along both public and private streets per the requirements in Chapter 1.18. Streetlights shall also be provided for the illumination of streets and pathways per City standards. Improvements provided for street frontages above and beyond City standards may be eligible for density bonus, as follows:

a. Lighting. Street lighting used throughout the entire development uses improved aesthetics or supplemental safety features beyond City standards. (5 points)
b. Trees and Landscaping. In supplement to the City’s standard street cross-section, landscaping enhancement may be provided at a minimum of five feet between the sidewalk and the front or side lot property line. (5 points)
c. Street Furniture. For the Downtown area, the provision of street furniture such as seating, bike racks, etc. (5 points)

5. Renewable/Energy Efficient Systems. The Developer may receive a density bonus for the integration of renewable and energy-efficient systems into the project.

a. Renewable Energy System. Renewable power generation systems may be integrated into the buildings or covered parking structures. The Developer will work with the utility service provider to design and implement the system. The system will be maintained by the development’s Home Owners Association. The renewable energy system must offset a substantial portion of the energy demand from the development as quantified by a licensed electrical engineer. (5 points)
b. Additional Insulation. All dwellings and main buildings have R-19 wall insulation and R-38 ceiling insulation. (5 points)
c. High-Efficiency Heating/Cooling. All dwellings and main buildings utilize a high-efficiency furnace, air conditioner, and/or heat pump. (5 points)

6. Off-site Amenities. The Developer may receive a density bonus for the construction of amenities at nearby public parks, trails, or similar spaces. Amenities may include baseball fields, soccer fields, sport courts, sport lighting, pavilions, playground equipment, recreational trails, splash pads or other similar features providing a recreational use. (2 points for every $100K of amenities added)

D. Density Bonus for Moderate-Income Housing Units. A PUD may incorporate up to 20 percent additional units beyond the aforementioned standard density limit, provided that these additional units adhere to State moderate-income housing requirements and are deed-restricted to ensure their continued affordability. The deed restrictions must guarantee that the units remain affordable to qualifying moderate-income households for the duration of their use.

E. Density Bonus for Senior Housing (55+) Units. A PUD may incorporate up to 10 percent additional units beyond the aforementioned standard density limit, provided that these additional units are designed for senior-living and are deed-restricted to ensure their continued affordability. The deed restrictions must guarantee that the units remain affordable to qualifying moderate-income households for the duration of their use. Units in this category shall be less than 1,000 square feet in size and clustered around a shared open space.

1.33.020 STREETS AND CIRCULATION. Public and private roadways shall follow the City design standards for the right-of-way widths and construction as outlined in Title III of City Ordinances. Private streets will be dedicated as public utility easements and all underground improvements will follow City Standards.

A. Traffic Study. As required by the City Engineer, a traffic impact study shall be submitted as part of the preliminary PUD plan to determine traffic generated by the proposed uses. The traffic impact study shall be prepared by a licensed Utah traffic engineer. The study will include an analysis of on-site circulation, capacities of existing streets, number of additional trips generated, origin/destination studies, peak traffic generation, and any additional infrastructure identified in the study.

1.33.025 OPEN SPACE REQUIREMENTS. For all Planned Unit Developments, not less than fifteen percent (15%) of the gross area of the project site shall be set aside for the use of the occupants for parks, playgrounds, open space or other open areas. All areas required for vehicular access, parking areas, and land which is otherwise required to comply with the minimum yard requirements around buildings, shall not be included in computing the area required for parks, playgrounds or other open space areas, and shall not include areas of sensitive or protected lands (wetlands, floodplains, steep slopes) unless those areas are part of a larger plan to include paths, boardwalks, interpretive areas, etc.

A. Open Space Design. The required open space shall be landscaped with waterwise planting and irrigation as defined in Chapter 1.18. Trees shall be provided within the open space at a rate of ten trees per acre of provided open space. Open space shall include areas of usable, developable land. Detention and retention basins shall not be counted toward meeting the minimum open space requirement unless integrated into a park design in such a way that they may double for recreational use, to the satisfaction of the City. Areas including sensitive or protected lands (wetlands, floodplains, steep slopes) may only be given full credit toward open space acreage requirement if they are part of a larger plan to include amenities such as boardwalks, trails, interpretive areas, nature playgrounds, etc. In no case shall unimproved areas over 25% slope be considered as open space for the purposes of this section.

B. Location of Open Space. The location of open space conserved through a Planned Unit Development shall be consistent with the policies and standards contained in the Parks, Open Space, and Trails Master Plan. Required open space areas shall be well planned, walkable, and connected, not a collection of remnants. Where possible, units shall front onto the open space(s). Yard areas within lots shall not be counted toward meeting the minimum open space requirement.

1.33.030 ADDITIONAL DEVELOPMENT STANDARDS. In addition to the underlying requirements of the base zoning, the following additional development standards shall apply to a Planned Unit Development.

A. Development Master Plan. In addition to the other requirements of this Chapter, an application for a Planned Unit Development shall be accompanied by a development master plan, that clearly demonstrates that:

1. the development will be built with a consistent, but not necessarily uniform, character and compatible architectural styles;
2. overall control during the development process by a single development entity;
3. design and implementation guidelines to ensure the overall vision is captured and maintained.

B. Architectural and Design Standards. The following design materials and features are required and shall appear on the Development Master Plan:

1. a variety of floor plans and building heights, not to exceed three stories.
2. high-quality exterior materials featuring a combination of at least 2 of the following materials: stone, brick, engineered wood siding, or cement/composite fiberboard (which may be used as 2 separate materials if styles are clearly distinct either in orientation, design or texture), covering at least 40% of all exterior surfaces visible from a public street; a single aforementioned material may be used if it covers 100% of the street-facing façade. Rear/side facades may be composed of a single material such as EIFS or similar material but shall use a wainscot of one of the other aforementioned materials. Side facades facing a public street shall either meet the same requirements of the front façade or shall include a six-foot fence, with all surfaces outside the fenced yard meet the 40% coverage requirement. Transitions in materials shall follow natural lines in the geometry of the building, such as gables, roofline transitions, or building protrusions.
3. a variety of exterior paint/material colors and textures, preventing a uniform or “cookie cutter” appearance
4. inclusion of front-facing architectural features such as dormers, front porches, awnings, alcoves, decorative covered door stoops, and similar features. Front doors/main entrances shall face the front yard; main entrances that face a side yard are prohibited.
5. varied rooflines, which includes but is not limited to having multiple gables extending above the eves, that there be varied roofline heights between units and gable roofs.
6. limit of six (6) units per building for townhomes/rowhouses.
7. mixing product types together and clustering units around open space is encouraged.
8. See Exhibit A for examples of developments that meet these requirements.

C. Parking and Driveways. Off-street parking shall follow the guidelines of Chapter 1.17 for stacked residential dwellings or any commercial uses. Required off-street parking shall be distributed throughout the PUD and provide reasonable access to all residential structures within the project. All driveways in this zone shall meet the following minimum requirements:

1. Attached Garage Facing Street: Minimum width equal to opening of garage.
2. Sole Use Driveway to Detached Garage in Rear Yard: Minimum width of ten feet.
3. Common Use Driveway or Accessway (Alley) to Attached or Detached Garage(s) in Rear of Residential Unit: Minimum width of 24 feet; or wider as required to meet fire safety requirements and efficient and safe flow of vehicular and pedestrian traffic.
4. For attached residential units accessed through alleys, a minimum 5’ landscape buffer between driveways shall be provided.

D. Landscaping, Buffering, and Fencing. Landscaping and fencing shall be provided per the requirements of Chapter 1.18 Landscaping, Buffering, and Fencing Regulations. The Developer shall install street trees in the park strip with an irrigation source in accordance with Chapter 1.18 and the Public Tree Ordinance (Chapter 8-700) of the Tremonton City Revised Ordinances.

1.33.035 VARIATIONS FROM DEVELOPMENT STANDARDS. The Land Use Authority may review and approve variations from applicable development standards in the underlying zone if it finds that:

1. Granting the variation will not adversely affect the rights of adjacent landowners or residents,
2. Granting the variation will not adversely affect the public health, safety, or general welfare, and
3. Granting the variation will not be opposed to the general spirit and intent of this Chapter.

1.33.040 REVIEW AND APPROVAL. Applicants may submit a concept plan to the Zoning Administrator and Land-Use Authority to review the requirements in this Chapter. The applicant will follow the City’s Preliminary and Final Plat approval process as outlined in Chapter 2.03 and Chapter 2.04, with Construction Drawings submitted during the Final Plat submittal. Qualifications for bonus densities will be quantified during the Preliminary Plat application as reviewed by the DRC. Any site alterations that take place after the Preliminary Plat approval will need to submit a new version of the Preliminary Plat to the DRC. Applicants are encouraged to request a concept plan review meeting with their initial application.

Exhibit A – Examples of developments that meet intent of Architectural and Design Standards.

Single Family Units