17-7-9.2 Planning and zoning process | Midvale Municipal Code

17-7-9.2 Planning and zoning process.

Approval by the city and any property owners’ association (POA) of large and small scale master plans is a condition precedent to any new development of the site. The planning and zoning process applicable to any new development within the BJ zone shall be as follows:

A. Large Scale Master Plan Criteria. The large scale master plan approved in conjunction with the BJ zone (as amended) shall run with the land and shall govern the city’s approval or denial of subsequent development plans related to any new development at the site. The large scale master plan provides for a development that creates a dynamic and sustainable community using development areas which support urban, residential and/or mixed-use land planning. For purposes of planning and zoning, the property within the BJ zone has been classified in six subareas (numbered 1 through 6), as depicted on Appendix A which is on file in the city recorder’s office. In addition to the criteria set forth in Section 17-3-5, specific criteria applicable to the large scale master plan are as follows:

1. Minimum/Maximum Densities. Development within the BJ zone shall be entitled to densities in each subarea as follows:

Densities	Subarea 1	Subarea 2	Subarea 3	Subarea 4	Subarea 5	Subarea 6
Residential, Single Fam. Detached: Minimum DU/Ac*	4 DU/Ac	5 DU/Ac	5 DU/Ac	5 DU/Ac
Residential, Single Fam. Detached: Maximum DU/Ac	13 DU/Ac	13 DU/Ac	15 DU/Ac	15 DU/Ac
Residential, Single Fam. Detached: Minimum lot size Min. Width: 30 ft.	2,800 SF •	2,800 SF •	2,500 SF •	2,500 SF •
Residential, Single Fam. Attached (townhouses, duplexes, triplexes, etc.): Maximum DU/Ac		24 DU/Ac	24 DU/Ac	24 DU/Ac	24 DU/Ac	24 DU/Ac
Residential, Multi-Family: Maximum DU/Ac		30 DU/Ac	30 DU/Ac	30 DU/Ac	30 DU/Ac	30 DU/Ac
Nonresidential, Mixed-Use: Maximum FAR**	1.5 FAR	1.5 FAR	1.5 FAR	1.5 FAR	1.5 FAR	1.5 FAR
Mixed-Use, Maximum FAR**					0.8 Min. FAR 3.0 FAR	2.0 FAR

*DU/Ac.: Dwelling units per acre: number of dwelling units divided by the total acreage of the development.

**FAR: Gross floor area ratio for nonresidential uses and accessory structures, inclusive of nonleasable enclosed space, but exclusive of below grade inhabitable and/or unoccupied space, and exclusive of covered parking areas and parking structures, divided by the land area of a lot or parcel.

2. Improved Open Space/Trails. The large scale master plan includes, at no cost to the city, dedication of real property to be utilized as improved open space in a usable and accessible manner. The dedication is based on the clustering and increased densities allowed as part of the Bingham Junction zone standard. The allocations for cost of and requirements related to the development of specific improvements to open space and trail linkages shall be developed as part of the large scale master plan, small scale master plan and related development agreements.

3. Jordan River Park. The large scale master plan includes an improved public park along the east bank of the Jordan River. The park includes trail connections from each of the use districts, which provide links throughout the BJ zone to the park.

4. Bingham Junction Boulevard. The large scale master plan includes the owner’s commitment in the first development phase to dedicate the two-hundred-foot-wide Bingham Junction Boulevard along the general alignment shown in the plan.

5. Institutional Controls. The large scale master plan will demonstrate that it is in conformance with applicable institutional controls.

B. Small Scale Master Plan. Each small scale master plan must be accompanied by a current letter of approval from the applicable POA at each step of the city’s review and approval process prior to submission to the planning staff, planning commission and the city council. Each small scale master plan application must be consistent with the large scale master plan, the common development standards set forth in Section 17-7-9.5, and must include the following elements:

1. Zoning Plan. The BJ zone (as amended) does not include detailed provisions regarding certain standards and guidelines but adopts a series of goals and intent statements, as set forth in Section 17-7-9.4 (Common intent statements). The zoning plan will include proposed, detailed standards and guidelines (in ordinance format) governing the development that implement the goals of the large scale master plan and the applicable intent statements. Once approved, the zoning plan shall be incorporated into and adopted as part of the BJ zone. The proposed standards and guidelines shall address the following issues:

a. Land use standards establishing land use types, occupancy, location, density, buffering and any other element envisioned by the large scale master plan;

b. Lot standards establishing requirements for minimum lot area, depth, coverage, and dimensions;

c. Building setback standards for front, side and rear yards;

d. Design standards addressing building orientation and mass, common and private open space, natural resource protection, architectural design including colors and materials, and any other provisions proposed to be included in the zone;

e. Landscaping and buffering standards; and

f. Parking lot design standards (including lighting).

2. Development Plan. The small scale master plan shall include a schematic development plan showing the following:

a. Location of proposed uses, including dwelling unit density and occupancy;

b. Height, location, bulk and preliminary elevations of buildings;

c. Location, arrangement and configuration of open space, landscaping, and building setbacks;

d. Location, access points, and design of off-street parking areas;

e. Number, size and location of signs;

f. Street layout, and traffic and pedestrian circulation patterns, including proposed access to the property to adjoining and nearby properties and uses.

3. Development Agreement. In 2005, the city entered into a master development agreement with Littleson, Inc. During the term of the master development agreement and subject to any amendment to the master development agreement, a development agreement, in a form satisfactory to the city attorney and city council, wherein the owner agrees to comply with the provisions of the conditional use permit for the master planned development and provides security, to the satisfaction of the city attorney and city council, for all on- and off-site public improvements associated with the development.

4. Open Space. The small scale master plan will include (a) a detailed description of how the relevant open space areas shown on the large scale master plan will be implemented (improved and dedicated, as applicable); and (b) how the open space areas will be linked to the overall open space system identified in the large scale master plan. The dedication is based on the clustering and increased densities allowed as part of the Bingham Junction zone standard. The allocations for cost of and requirements related to the development of specific improvements to open space and trail linkages shall be developed as part of the large scale master plan, small scale master plan and related development agreements.

5. Institutional Controls. The small scale master plan will demonstrate that it is in conformance with applicable institutional controls.

C. Subdivision, Site Plans, Building Permits. Subdivision of land within the BJ zone may occur prior to, after, or in conjunction with approval of the applicable small scale master plan. Subdivision, site and project plans, and building permits within the BJ zone shall be in accordance with the current Building Code, the common development standards set forth in Section 17-7-9.5, this chapter, and Section 17-7-3 and Title 16 of the Midvale City Code. Each subdivision plat, site and project plan, and building permit application must be accompanied by a current letter of approval from the applicable POA at each step of the city’s review and approval process prior to submission to the planning staff, planning commission and the city council. (Ord. 2023-14 § 1 (Att. B); Ord. 9/21/2004O-29 § 1 (part))