Chapter 18.22 Clustered Open Space Zone (COSZ)


Section 18.22.040 Approval Process.

    A.    Pre-application conference with staff member.  Any person wishing to construct an COSZ shall meet with a staff member, check and review the zone information, obtain application and review procedures, obtain information from the City regarding the City's plan of land use, streets, water, sewer, traffic, trails and parks, and public facilities; and have discussion about public participation meetings and other requirements affecting the land to be developed.  The developer shall then prepare plans and seek approval based on the information received and the process outlined below.
    B.    Concept Plan.  The purpose of the Concept Plan Review is to explore general feasibility early in the planning process. The intent of requiring a Concept Plan is to help avoid unnecessary and costly delays when pivotal information or necessary resources are not available because they were not addressed until later in the process. The Concept Plan procedure does not insure or provide approval of the development. It is however an important preparation, review and educational component of the overall approval process. While more flexible in nature than the subsequent steps of Preliminary and Final Approvals, the Concept Plan still needs to be carefully prepared and thoroughly reviewed to be useful.  As part of the Concept Plan, the developer shall submit:
        1.    An application for development.
        2.    A written description of how the development will comply with and promote Heber City’s Vision and Clustered Open Space Zone.
        3.    A description of the type of development and project name.
        4.    A plan which shows a simple concept of the major features of the development including roads in relation to existing conditions and developments within one-fourth (1/4) of a mile of the outside boundaries of the development. Handwritten plans will not be accepted. The Concept Plan shall be submitted on two (2) full-size, 24” x 36” copies, and twenty (20) 11"x 17" copies of the Concept Plan shall be submitted to the Planning Commission.
        5.    Title ownership information and a current Preliminary Title Report. If the applicant is not the owner listed on the Preliminary Title report a written consent to the application signed by the title holder must be provided.
        6.    Lot or unit pattern and size(s).
        7.    Number of lots or units and conformance with the zone.
        8.    The types of buildings in the project by use and the architectural elevations and style.
        9.    Any plans for common area.
        10.    Any plans for common amenities.
        11.    Any public dedication proposals.
        12.    Conceptual Landscape Plan.
        13.    Any open space provisions including the following information:
            a.    Location.
            b.    General size. (Meeting a 50% minimum open space requirement)
            c.    Description of how the open space plan conforms to the standards for open space.
            d.    Any off-site open space trading provisions as allowed by this Ordinance shall be taken to the City Council for approval before applying for preliminary plan approval.
        14.    The trails proposed within the project.
        15.    A topographic map that is suitable for electronic mapping analysis.
        16.    With regard to any issues involving “Sensitive Lands”;
            a.    Topographic information related to such issues involving the project.
            b.    Information to identify potential sensitive land issues and a plan for how to address these issues.
            c.    Information regarding potential wildlife issues with the project, and surrounding area which might be impacted.
        17.    A summary of the water rights status for the proposed project detailing how much is owned now versus how much is estimated to be needed to complete the project and service the development.
        18.    Letter of submittal for the concept plans to the Heber Valley Fire Special Service District that transmits the plans to them.
    C.  Preliminary Plan.  After review of the Concept Plan by the Planning Commission, the developer shall prepare a preliminary plan and shall submit two (2) copies of the plan on 24” X 36” sheets and twenty (20) copies of the plan on 11” X 17” size paper to the Planning Commission for its recommendation to the City Council. The purpose of the Preliminary Plan is to demonstrate how the proposed development plan will be able to meet the standards required under the Zoning Ordinance and other applicable law or regulation after considering the issues and recommendations found during the concept review phase. While the preliminary plan is not expected to contain construction drawings, it is expected that the preliminary plan will demonstrate compliance with this code. The preliminary plan shall contain the following information (if any of the following information is satisfied by the information submitted during the concept plan review, that same information must be included again with the preliminary plan):
        1.    Description of how the development will implement Heber City’s Vision.
        2.    Type of development.
        3.    Name of development.
        4.    Applicant entity’s name, primary contact name, civil engineer, architect, designer and attorney, with respective contact addresses, phone numbers, fax numbers, and email addresses for each.
        5.    Legal description with recorded section coordinates tie.
        6.    Zone boundaries and designations.
        7.    North point and a scale consistent with a scale that is on a standard engineering scale ruler.
        8.    A statement that lists the issues discussed during the Concept Review and reconciles those issues with the Preliminary Application being submitted at this time.
        9.    A site plan showing location of all buildings, building pads, lots or structures, the elevation view of all structures accompanied by estimates of cost to purchase or rent, including a description of building materials to be used in the construction of all units.
        10.    Dimensioned side, rear and front yards, including the required side, rear and front set backs pursuant to City Ordinances and Requirements.
        11.    Location and description of all recreational and open space areas and facilities.
        12.    Topography shown by contours at no greater interval than two (2) feet except that a greater interval may be permitted when the property is outside the survey boundary if specifically authorized by the Planning Commission.
        13.    The outside boundary of the project.
        14.    Tabulation of land use, including:
            a.    Total area, open space, building area, and dedicated streets;
            b.    Drives and parking (all the above shown in acreage and percentage);
            c.    Number of units and project density;
            d.    Types of units by number of bedrooms, where applicable; and
            e.    Parking spaces (covered and uncovered), where applicable.
        15.    Identify who will hold title for any open space and open space easements at the conclusion of Development.
        16.    Adjacent property owners, including their respective mailing and physical addresses and telephone numbers.
        17.    Proposed circulation pattern including, private and public streets and sidewalks.
        18.    Typical street or roadway cross sections.
        19.    A detailed statement and illustration of how the project will mitigate  ”Sensitive Lands” identified in the Concept Phase.
        20.    Existing and proposed easements, waterways, utility lines, canals and ditches, with specifications of ownership, and disclosures of who is responsible for, and how such will be maintained. This information shall include verification of compliance with all local, state and federal regulations with regard to said easements, waterways, utility lines, canals and ditches.
        21.    A plan for accommodating trails, waterways, ditches and canals.
        22.    Proposed and existing sewage disposal facilities.
        23.    Existing and proposed storm drain system with the related run-off calculations for the development site including routing the runoff water that leaves the site to a City storm drain or natural drainage approved by the City to accept the water.
        24.    Existing and proposed water system indicating size of water lines and fire hydrant locations. Indications as to the capacity of the water system as it relates to the project when required.
        25.    More detailed (than concept) landscape plan indicating areas of landscaping and irrigation and the various types of landscape materials.
        26.    A noxious weed control plan.

        27.    Letter of intent signed by the applicant stating the following information when applicable:
            a.    Design theme of project
            b.    List of common area amenities
            c.    Time schedule for completing common area amenities
        28.    Any other information City staff or the Planning Commission may determine necessary relating to the particular site of the proposed project.
        29.    Evidence of sending an 11” x 17" copy of preliminary plan to QWest, Questar Gas, Heber Light & Power, ComCast (Cable Company), Heber Valley Fire Protection Special Service District, and Wasatch County Solid Waste Disposal District.
        30.    An updated preliminary title report as of the date of the Preliminary application.
        31.    A list of the documentation that will be required at Final Approval to implement the plans for the development and keep it maintained after approval.
    D. Final Approval.  The developer shall submit final development plans, approved by the City Engineer, to the Planning Commission. Said plans shall conform to all City Engineering and Title 17 Subdivision standards and requirements of the Heber City Municipal Code. The Planning Commission shall review and make its recommendation to the City Council. The City Council shall have ultimate authority to accept, modify or reject, or send back to the Planning Commission for further review.  


(2007-07, Adopted, 02/01/2007)