City Council

River Heights City COUNCIL MEETING AGENDA Tuesday, October 5, 2021 Notice is hereby given that the River Heights City Council will hold its regular council meeting beginning at 5:30 p.m.. anchored from the River Heights City Office Building at 520 S 500 E. The meeting will be held in person and through Zoom. Those wishing to provide comments on any of the agenda items or other topics can do so by email to office@riverheights.org (by noon on the date of the meeting). Adoption of Previous Minutes and Agenda Reports and Approval of Payments(Mayor, Council, Staff) Public Comment Review and Adopt the Residential Planned Unit Development(R-PUD) Ordinance Draft Review and Adopt the Proposed Changes to the General Plan Land Use Map Adjourn To join the Zoom meeting: https://us02web.zoom.us/j/89714711933 Dial: 1 346 248 7799, Meeting ID: 897 1471 1933 Posted this 1^^ day ofOctober 2021 WLLl Sheila Lind, Reorder Attachments for this meeting and previous meeting minutes can be found on the State's Public Notice Website (https://www.utah.gov/pmn/). In compliance with the American Disabilities Act, Individuals needing special accommodations(including auxiliary communicative aids and services) during this meeting should notify Sheila Lind,(435)770-2061 at least 24 hours before the meeting. 520 South 500 East River Heights, Utah 84321 Phone & Fax (435) 752-2646  River Heights City 2 3 Council Meeting 4 October 5, 2021 5 6 7 Present: Mayor Todd Rasmussen 8 Council members: Doug Clausen 9 Sharlie Gallup 10 Nancy Huntly 11 Chris Milbank 12 Blake Wright 13 14 Recorder Sheila LInd 15 Public Works Director Clayten Nelson 16 Finance Director Cliff Grover, electronic 17 18 Excused: Treasurer Wendy Wilker 19 20 Others Present: Mary and Ryan Seager, Commissioners Heather Lehnig, and 21 Noel Cooley, Engineer Craig Rasmussen, Vern Fielding, David Bush, Attorney Jonathan Jenkins Electronically present Commissioner Schaub, Janet Mathews, Howard Demars 24 25 26 The following motions were made during the meeting: 27 28 Motion #1 29 Councilmember Milbank moved to "adopt the minutes of the council meeting of September 21, 30 2021, and the evening's agenda." Councilmember Clausen seconded the motion, which passed with 31 Clausen, Gallup, Huntly, Milbank, and Wright in favor. No one opposed. 32 33 Motion #2 34 Councilmember Clausen moved to "pay the bills as listed." Councilmember Milbank seconded the 35 motion, which passed with Clausen, Gallup, Huntly, Milbank, and Wright in favor. No one opposed. 36 37 38 Proceedings of the Meeting: 39 40 The River Heights City Council met at 5:30 p.m. in the Ervin R. Crosbie Council Chambers in the 41 River Heights City Building on Tuesday, October 5, 2021,for their regular council meeting. 42 Adoption of Previous Minutes and Agenda: Minutes for the September 21, 2021, meeting were 43 reviewed. iMoowngj 520 South 500 East River Heights, Utah 84321 Phone & Fax (435) 752-2646 44 CouncMmember Milbank moved to "adopt the minutes of the council meeting of September 21, 45 2021,and the evening's agenda." Councilmember Clausen seconded the motion, which passed with 46 Clausen, Gallup, Huntly, Milbank, and Wright in favor. No one opposed. 47 Reports and ADProval of Payments(Mavor. Council. Staff): 48 Public Works Director Nelson 49 • The storm drain line was finished on Orchard Drive. It is a big sump where the water can go down 50 into the ground. 51 • The new school sign is installed and working. It looks good. He suggested replacing the other 52 school sign (the west side) next. There wasn't money in the budget this year. 53 FD Grover 54 • He has responded to the state auditor's request on the original disbursements, to account for the 55 CARE funds. 56 • The auditor will be starting the audit next week. 57 • In the absence of Treasurer Wilker, he presented the list of bills to be paid. 58 Councilmember Clausen moved to "pay the bills as listed." Councilmember Milbank 59 seconded the motion, which passed with Clausen, Gallup, Huntly, Milbank, and Wright in favor. 60 No one opposed. 61 Commissioners Huntly, Clausen, Gallup and Wright, and Recorder Lind didn't have anything to report. 62 Councilmember Milbank 63 • He asked for clarification on the tennis court lights. PWD Nelson answered by explaining that 64 once the button is pushed,the lights stay on until 10 p.m., unless someone turns them off. 65 • Design West submitted their client agreement, which came to $3,500,for design of the City 66 Center Master Plan. He felt the price was reasonable. He will submit the concepts to the council 67 at a later meeting. 68 Public Comment: Vern Fieiding discussed a letter from potential developer, Dave Crocket. He 69 explained, if the Council leaves the 65% single-family detached housing requirement it would eliminate 70 the option of townhouses, which will rule him out from being able to develop the Riverdale property. He 71 asked them to look at the side yard setbacks on single-family detached. If it could be modified from 7.5 72 feet to 5 feet, it would allow for three car garages, rather than two. Mr. Fielding will forward Mr. 73 Crocket's comments to the mayor and council. 74 Review and Adopt the Residential Planned Unit Development(R-PUD) Ordinance Draft: 75 Councilmember Wright began a review of the document starting at page one. He discussed the 65% 76 proposed requirement that minimum of all dwelling units in a R-PUD be single family detached housing, 77 which the Pianning Commission recommended, and he supported. He felt to lower it, would be too dense 78 for what River Heights residents want. Engineer Rasmussen agreed to calling out a certain percentage 79 and felt it was a good idea to have a blend of single-family and multi-family housing in the same 80 development. 81 Discussion was held on the 65% and where the number came from. Councilmember Wright 82 thought because River Heights has been predominately a single-family community,that the Pianning 83 Commission didn't want to allow too much density. Commissioner Cooley said the feedback they got at 84 the hearings was that residents didn't want higher density. 85 Engineer Rasmussen said there is building efficiency at 5 units per multiple family attached 86 housing building. This would allow more open space by cutting down the number of buildings. River Heights City Council Meeting, 10/5/21  Councllmember Gallup said she didn't see a problem changing it to 5 units per multiple family 88 attached housing building, but she didn't want to change the 65% minimum requirement for single-family 89 detached housing. 90 Councilmember Clausen likes 4 units per building and 65% of housing units be single-family 91 detached. 92 Councilmember Mllbank was okay with being flexible for efficiency and open space reasons. He 93 felt clusters of condominiums would allow more open space than a lot of single-family homes. 94 Councilmember Huntly agreed but felt there should be clear direction In the ordinance, so it's not up for 95 discussion with each development. 96 The majority agreed to allow 5 units per multiple family attached housing building, but to leave 97 the 65% minimum single-family detached dwellings. 98 Discussion was held on the size of parcel they would allow for a PUD. Commissioner Cooley said 99 Providence's PUD minimum is 2 acres. He mentioned some other cities. Comniissioner Lehnig said she 100 came up with a minimum 5 acres because it was most common in several communities in the Salt Lake 101 area. Councilmember Wright expressed support for lowering it to 3.5 acres. A majority agreed. 102 Discussion was held on the square footage of the multiple family units. Vern Fielding said the 103 developer asked to exclude the 1500 square feet minimum (which includes the garage) because it will 104 make the building larger than is needed since they can build the upper level over the garage. The Council 105 agreed to consider reducing the required minimum size of the main floor of a multiple family dwelling unit 106 from 1,500 sq. ft. to 1,150 sq. ft. to allow for smaller dwelling units. 107 The Council agreed to consider eliminating the required lot sizes for units other than single-family ' detached and to instead specify minimum required building separations, to allow for more flexibility in PUD design. 110 Much discussion was held on the minimum lot widths. 111 They discussed the single-family detached side-yards and decided to leave them at 7.5 feet. If 112 developers want 3 car garages, they can make the lots larger. 113 Discussion was held on guest parking. Engineer Rasmussen said he thought it was wise to allow 114 some adjustments in the parking decisions when a development is submitted. The amount of off-street 115 parking could be adjusted, based on how wide the roads are to accommodate street parking. They would 116 rather require more than too few. The council agreed to add 0.5 guest parking stalls per unit for 117 duplexes. 118 Discussion was held on the types of garbage receptacles they want to allow. They decided to 119 leave the option of large dumpsters or individual cans. 120 Engineer Rasmussen informed that the use of letters of credit as security of performance have 121 been problematic. Cash or a performance, surety or cash bond placed in an escrow account is much 122 better for the city. Attorney Jenkins said there should be some changes to the city's code to address this. 123 Discussion was had on vegetation protection. Commissioner Cooley informed that when the 124 Planning Commission addressed this section, they wanted to include "within reason." It was agreed to 125 leave it as written. 126 They discussed and decided on a setback of 50 feet between the riverbank and a structure. 127 Current code will need to be changed as it requires 30 feet. 128 Discussion was held on how to assure the amenities get completed. Attorney Jenkins suggested 129 some verbiage to insure this. '"* Discussion was held on whether the city wanted to offer a cash In lieu substitution for open space requirements. It was explained that there may be a situation where it would make sense for the city to 132 take the money and purchase another property for open space. Councilmember Gallup would only want River Heights City Council Meeting, 10/5/21 3 133 It to be used for additional property for parks, not for maintenance of current parks. Commissioner 134 Cooley strongly encouraged keeping it as an option. They agreed to strike the last sentence that stated 135 the city could have the option to use the in-lieu funds for park improvements. 136 Discussion was held on the backflow assemblies/devices system needing to be tested annually. 137 PWD Nelson and Engineer Rasmussen verified that this is a requirement. 138 Councilmember Wright suggested adopting the PUD Ordinance at the next meeting, if possible, 139 and then lifting the moratorium at the meeting after that. 140 Review and Adopt the Proposed Changes to the General Plan Land Use Map: Mayor Rasmussen 141 tabled this discussion. 142 The meeting adjourned at 10:25 p.m. 143 144 145 146 Sheila Lind, Recorj! 147 148 149 150 Todd A. Rasmussen, Mayor River Heights City Council Meeting, 10/5/21  River Heights City Bills To Be Paid October 5,2021 Payee Description Admin. P&Z Parks/Rec Pub. Safety Com. Aff. Roads Wafer Sewer Total 1 JUNES 2 3 4 5 JULYS 6 Blue Stakes of Utah 811 Notifications $23.17 $23.17 $23.87 $70.21 7 Cache Humane Society Boarding two dogs(Bingham) $300.00 $300.00 8 Cache Valley Publishing Public Hearing Ads $34.28 $34.28 $68.56 9 City of Logan Sewer, Garbage, 911 $14,870.56 $2,034.00 $14,997.02 $31,901.58 10 Comcast Business Internet Monthly Billing $28.24 $28.23 $28.22 $84.69 11 David's Tree Care Siberian Elm Sucker Removal $123.48 $123.48 12 Dominion Energy Gas $30.15 $10.35 $3.25 $64.24 $3.25 $111.24 13 Incredible Concrete Saddle Rock $288.00 $288.00 14 Intermountain Traffic Safety, Inc. Street Signs $1,788.40 $1,788.40 15 Jordan Nesbitt Utility Overpayment Refund $93.28 $93.28 16 Logan City Water Consumption $496.72 $496.72 17 Lowe's Shade & Pump $342.56 $342.56 18 Peterson Plumbing Supply Orchard Drive Storm Drain $21.28 $21.28 19 Promo Plus Envelopes with Stamps 500 $246.26 $82.09 $82.08 $410.43 20 Robertson Utility Products, LLC Storm Water Cone $240.00 $240.00 21 Sam's Apple Days Supplies & Office Supplies $59.26 $8.94 $68.20 22 Secure Instant Payments, LLC Monthly Billing $19.08 $19.07 $19.07 $57.22 23 South Fork Hardware Street Sign Hardware $76.41 $76.41 24 Square One Printing Apple Days Parade Banner $132.00 $132.00 25 State of Utah Annual Utah Division of Water Quality Permit $750.00 $750.00 26 Verizon Wireless Monthly Billing Cell Phones $54.84 $54.84 $54.86 $164.54 27 Wendy Wilker Printer Cartridges $475.92 $475.92 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 1 SubTotals $15,818.59 $34.28 $764.39 $2,334.00 $140.94 $2,902.51 $861.64 $15,208.37 $38,064.72 Page 1 Total Amount Paid $38,064.72  TITLE 10 CHAPTER 10 RESIDENTIAL PLANNED UNIT DEVELOPMENT ZONE SECTION: 10-10-1 Intent 10-10-2 Regulations 10-10-3 Procedure 10-10-4 Requirements 10-10-5 Open Space 10-10-6 In Lieu Substitutions for Open Space Requirements 10-10-7 Development Agreement 10-10-8 Water, Sewer and Road Requirements 10-10-1: INTENT The intent of this zone is to encourage efficient utilization of land that is suitable in size, location, and character, to develop a sense of community, and to ensure compatibility within the surrounding neighborhoods and environment. This is accomplished by allowing greater diversity of lot design, flexibility in the placement of buildings, clustering of dwelling units, amenities, well-planned circulation, the creation and consolidation of open spaces, and attractive entrances. These provisions are intended to create more attractive and desirable environments within River Heights City while ensuring compliance with the intent, objectives and purposes of this title and the city's general plan. 10-10-2: REGULATIONS A. The following uses are permitted in the Residential Planned Unit Development (R- PUD)zone: 1. Single-family detached (SFD) housing 2. Single-family duplex housing 3. Single-family attached housing 4. Multiple family attached housing (shall not exceed four (4)-units per building J 5. Parks and Recreation B. A minimum of 65% of all dwelling units in a R-PUD shall be single-family detached housing. C. All buildings shall be limited in height to two(2)stories above grade 1 Draft October 2, 2021 D. Lot Regulations: Minimum Project Size Nacres Maximum Density^ 9 dwelling units per acre (net) Minimum Lot Area Single-Family Detached 5,000 sq ft Single-Family Attached (street garage access)^ 9,167 sqft Single-Family Attached (alley garage access)^ 8,334 sqft Duplex^ 7,500 sq ft Multiple family2,% IO78QO sq-ft- Minimum Lot Width Single-Family Detached Single-Family Attached (street garage access) 110 feeU'iM ^ Single-Family Attached (alley garage access) 100 feet' Duplex 100 feet Multiple Family 120 feet Setbacks (Singie Family Detached, Duplex) Front Yard (street garage access) 20 feet minimum Front Yard (alley garage access) 10 feet minimum Rear Yard (street garage access) 10 feet minimum Rear Yard (alley garage access) 20 feet minimum Side Yard 7.5 feet minimum Side Yard on-'^'dtreet 15 feet minimum adjacent to street Setbacks(S mily Attached, Multiple Family) Front Yard (^trget^garage access) 20 feet minimum Front Yard (alley garage access) 10 feet minimum Rear Yard (street garage access) 10 feet minimum Rear Yard (alley garage access) 20 feet minimum Side Yard 10 feet minimum Side Yard (Multiple Family w/o garage) 10 feet minimum Side Yard on a Street 15 feet minimum adjacent to street Maximum Structure Height 35 feet Off-Street Parking Single-Family Detached 4 per dwelling unit Single-Family Attached 2 per dwelling unit + 0.5 guest/unit Duplex 2 per dwelling unit f 0-^ Multiple Family (2+bedrooms) 2 per dwelling unit + 0.5 guest/unit ^ Density (net acreage)= Housing units per gross project acreage minus acreage dedicated to rights-o^way and minus acreage dedicated to open space. ^ Minimum Multiple Family dwelling unit main floor Including garage is 47566-sq ft. - -tijf r J I * 1 f f J 10- 10-3: PROCEDURE ^ A. The application, review and approval procedures for a R-PUD development are described in Title 11, Chapter 4 (Review and Plat Requirements) of this code. Additional requirements are described in this Chapter. B. If the final plat of a R-PUD is not recorded witl|Jeix-f6)* months following approval of 2 Draft October 2, 2021  the development, the approval Is void and the developer must begin the application, review, and approval procedures over. 10-10-4: REQUIREMENTS A. In addition to Items required for the site analysis (11-4-1 C.), the developer shall provide a written statement that describes the impact the development will have on natural features of the area. Include any measures taken to mitigate negative conditions that occur as a result of the project. B. In addition to Items required for the sketch ^glajn>'submission (11-4-1 F.), the conceptual site plan shall show approximatgfotjiiS^ locations, proposed road layouts, general parking layouts, proposed|p^dri&sp^aces, anticipated public and private amenities and their locations. ^ . . , . vR C. In addition to items required for the preHmthary plat submissloiiX^ 1-4-2 B.), the developer shall Include dimensions and locatig||s^f areas to be rese^ed for vehicular and pedestrian circulation, proposed parkfng^ingress, a^d egresslfe^posed circulation patterns including private driveways, pD'Blfc^nd |3r||ate streets, andjpedestrian and bicycle paths shall also be^ineluded. DescYiptiprifaoa placement off^rfces, walls and solid waste enclosures shalhb'^'shown. "^13/ D. In addition to items required for the^prelimjnajy plat sti^mi^sion (11-4-2 B.), the developer shall submit preliminary architecfcV$I pla^sv^d.l^ndscffpe\plans. The architectural plans shall comply w|thi^fe'aXPh^ectural standardsxdj^scp.^ed belo^. The preliminary landscape plan shall shp^-^eneraklocation and^yjse^s^Tpiahtsife^ installed as well as preliminary calculations dernonstrating'to landscapeflqulrement^^have been met. E. The ^na^ plat submlttal^lialHnclude fuili^designed and erigineered drawings for the sijer'^^^?|rc^itec^'u^jf|3lahs'^^^ and parking plan, with these plans ^^meetin^llTl^ll^^^ outlirie^ZhereWand which may be added as a condition ^Tthe sketch pl^((^onceptual)or preiimlhary plat approval. This Is in addition to any plahand constructor]^ drawings which are required as part of the subdivision of property described"^itiTitle ll^^s^hapter 4. F. The develipi^r's engine'eij shall prepare, as part of the construction documents, an estimate dfihe^cost of^construction of all the public improvements. The city engineer shall review^h^^^stipato of the cost of construction for the purpose of determining the amount requfreC^as security of performance. The security of performance required is to assuce'^the city that all improvements are constructed In conformance with ali relevant city ordinances, regulations, and standards, and to assure the city that all expenses incurred for labor and materials used in the construction of the same are paid for by the developer. The amount of the security of performance shall be equal to at least one and one-half (1-1/2) times the reasonable value of the improvements required, as determined by the developer's engineer, and approved by the city engineer. The security of performance will be placed in an escrow account. The city may hold five percent(5%) of the security of performance provided by the subdivlder until one year following the final Inspection by the city engineer, or for such other period of time less than one year as the city deems necessary to ensure compliance as set forth in this Chapter and Title 11. 3 Draft October 2, 2021 G. The city shall require the applicant to submit for recording covenants, conditions and restrictions which will provide adequate guarantees for the permanent retention and maintenance of open space area, landscaping, natural features, private streets, other privately owned infrastructure, and architectural design standards. The covenants, conditions and restrictions shall include, at a minimum, provisions for: 1. The establishment of a perpetual, irrevocable homeowners' association; 2. A notiys to subsequent owners of the need to obtain city approval of changes to the P-RUD, which may require either an amendment to the final development plan or a conditional use permit; 3. A provision grantingXhe city the consent of the homeowners' association and each of its members after providing notice to each property owner and holding a public hearing, to (^ate a special assessment area comprised of all homes and lots within the-PRUD^ to finance the cost of reasonably necessary maintenance, repair, or replacement of commonly owned essential public infrastructure such as streets, sidewalks, street lighting, water systems, etc., in the event of dissolution or default by the homeowners' association; 4. A provision defining "default" by the homeowners' association which shall include, at minimum, the failure of the homeowners' association, after receiving six (6) months' notice of default from the city, to take reasonable steps to remedy its failure to levy, collect and budget assessments sufficient to provide for reasonably necessary maintenance, repair or replacement of commonly owned essential public infrastructure which has become unsafe, unsound or functionally obsolete as determined by the city engineer. . . • , • i < j_ H. Modifications and Conditions May be Imposed. \he planning commission and city council may impose modifications and condition^s«cb-asi street capacities of the area, ingress and egress to adjoining streets, internal traffic, signs, lighting, building bulk, architectural style and location, and open space characteristics, as stated in the River Heights Subdivision Ordinance. I. The development must be planned as one complex land use rather than as an aggregation of individual and unrelated buildings and uses. J. Proposed R-PUDs adjacent to existing single-family homes must place single-family homes adjacent to the existing homes unless otherwise buffered by a 100-foot-wide open space and landscaped buffer. If a road is installed in the 100-foot-wfde buffer, a minimum landscaped area of 25 feet shall be maintained on each side of the road. K. Architectural Design Standards (for all housing except single-family detached) 1. All new buildings must incorporate a defined architectural style recognized by design professionals as having basis in classical, historical, or academic architectural design styles. The following elements shall be incorporated into the design of each building a. Exterior Materials. All exterior materials shall be suitable for the climate and 4 Draft October 2. 2021  .11 exposi^ in which the development is located and shall, to the greatest extent possil^e, be maintenance free. Primarily durabl^materlals including stucco, ^ bricy fiber cement, decorative block or other materials as approved by the city^River Heights City reserves the right to reject any proposed building material it feels is not in harmony with this requirement. b. Elevations. For buildings over one story, -vefttcal Goparatiorr elements to ^ differentiate levels may be appropriate. These may include change of materials, dormers, cornices, or other elements, as approved by the city. Architectural wall variation between units to differentiate dwellings may also be appropriate. These may include vertical articulation, variation of materials or other elements, as approved by the city. Trim and/or shutters is required on all front and side elevations windows unless the design of the building is such that trim and/or shutters is not compatible with the overall architectural style. c. Roofs. Pitched roofs are encouraged. d. Garages (1) Each single-family detached unit, single-family duplex uflit and single- family attached unit is required to have a minimum two-car garage which shall be attached to the main structure and shall be of the same or complimentary architectural materials as the primary residence. (2) Multiple family units are encouraged to have garages, but garages are not required provided that at least one (1)covered parking space is provided for each dwelling unit. Garages may be attached or detached from the primary structure, but the use of attached, recessed garages is strongly encouraged. Front-loaded garages may not protrude beyond the front plane of the main building fagade by more than ten (10)feet. «•. 42. Accessory Buildings. Accessory buildings privately owned by an individual homeowner shall not be permitted in any commonly held area. 3. Porches, Decks and Overhangs. To provide architectural variety to the development, the use of covered porches, decks and overhangs is encouraged. Such porches, decks and overhangs shall be integrated into the design of the structure to avoid the appearance,of "add-on" elements. q L. Landscape Plan 1. Show plamny^and irrigation plans for the entire site (except for single-family detached, pj^ately-owned lots), specifically those areas which will be held in common ownership. The landscape plans shall include all requirements outlined in this ch^apterN^lonting and irrigation— 2. The developer shall submit a landscape documentation package, which shall be prepared by a licensed landscape architect. The package shall include planting and irrigation plans for the entire site (except for single-family detached, privately- owned lots), specifically those areas which will be held in common ownership. 5 Draft October 2, 2021  c<nM>V'Vt«W The landscape documentation package shall be submitted to and approved by the city prioi'^e4he-i^ue of-any pcrmitr The documentation package shall consist of the following: a. Landscaping Plan. A detailed landscaping plan shall be drawn at a scale that clearly identifies the following: (1) Location of all plant materials, a legend with botanical and common names, and size of plant materials; (2) Property lines and street names; (3) Existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements; (4) Existing trees and plant materials to be removed and retained; (5) Designation of landscape zones; and (6) Details and specification for tree staking(frees less than a two-inch caliper must be double staked until the trees mature to two-inch caliper), soil preparation, and other planting work. b. Irrigation Plan. A detailed irrigation plan shall be drawn at the same scale as the planting plan and shall contain the following information: (1) Layout of the irrigation system and a legend summarizing the type and size of all components of the system; ,iWAr- Vwjc (2) Static water pressure in pounds per square inch (psi) at the point of connection to the public water supply; (3) Flow rate in gallons per minute and design operating pressure in psi for f each valve and precipitation rate in inches per hour for each valve with 'i sprinklers: and (4) Installation details for irrigation components. c. Landscape Grading Plan. In addition to grading plans required by the subdivision ordinance, a landscape grading plan shall be drawn at the same scale as the planting plan and shall contain the following information: (1) Property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas, and other site improvements; (2) Existing and finished contour lines and spot elevations as necessary to illustrate proposed landscape forms and related site improvements; (3) Grades shall slope away from the structures as required by the international Building Code. Draft October 2, 2021 M. Landscaping Standards 1. All required landscaping shall be installed prior to the city issuing any certificate{s) of occupancy for structures in the development, unless seasonal conditions make installation unfeasible, in which case the applicant shall provide cash security or its approved alternative for all landscaping, which landscaping shall be installed by the following May 31st. The cash security or approved alternative is In addition to the security of performance for the overall development. a. Applicability. This section applies to all front, side, and rear yard landscaping as well as any required open space and common area landscaping which is referenced herein. b. Materials. Landscaping shall be planted with substantial live plant material including plants, shrubs, trees, sod, etc., for the purpose of buffering, screening, and improving the visual quality of the site. Wherever possible on the project, developers are encouraged to use Low-Impact Development(LID) techniques and materials. (1) Plant Selection. Plants selected for landscape areas shall be well suited to the climate and soil conditions at the project site. Plants with similar water needs shall be grouped together as much as possible. Drought tolerant plants are encouraged. Areas with slopes greater than twenty-five percent (25%) shall be landscaped with deep-rooting, water-conserving plants for erosion control and soil stabilization. (2) Mulch. After completion of alt planting, all irrigated non-turf areas shall be covered with a minimum four-inch layer of mulch to retain water, inhibit weed growth, and moderate soil temperature. (3) Size of Trees. The following standards apply to trees used in the required landscaping of the development. ■ 4 •'f i*-: (A)Deciduous trees shall have a minimum caliper size of two inches (2"). (B)Ornamental trees shall have a minimum caliper size of one and one- half inches (1.5"). (C)Evergreen trees shall have a minimum height of six feet (6'). (4')(0^)Xenscaping. The developer is encouraged to use xeriscaping for a ^ portion of the required landscaping. 6(#1^ Vegetation Protection. The property owner must protect existing significant vegetation during any development activity. Development plans must show ail significant vegetation within twenty feet of a proposed development. (^(/S) Removal. No landscaping may be removed without replacement of equal quality. This shall include the installation of healthy plant materials as well 7 Draft October 2. 2021  as a tree for tree replacement as governed by this ordinance. Utility contractors and others that disturb landscaped areas shall restore disturbed landscaping to previous condition. N. Mailboxes. The developer shall coordinate placement of clustered mailboxes with the United States Postal Service. O. Miscellaneous Site Development Standards 1. Walkways and Paths. Each development shall include common area pedestrian- friendly walkways and paths. Where possible, such walkways and paths shall connect to a larger trail system. The general location and design of such walkways and paths shall be presented as part of the preliminary site plan. The construction type, size and exact location shall be part of the final development of each phase. All walkways and paths shall be provided with adequate safety lighting. 2. Fixtures and Appurtenances. The type and location of any fixtures or appurtenances (lighting, benches, bike racks, etc.) shall be submitted as part of the final development plan of each phase and shall be approved by the city. 3. Public Infrastructure. All public infrastructure improvements shall be constructed according to the River Heights City design standards and specifications. 4. Lighting. To maintain the residential character and to shield the lighting from shining on to another residence or lot, all lighting within a development governed by these Standards shall be Dark Sky compliant and comply with the Outdoor Lighting Ordinance. Title 9, Chapters. 5. Signage. All signage shall comply with the River Heights City sign ordinance. 10-10-5: OPEN SPACE A. R-PUDs shall provide a minimum open area ("required open spaced) for residents ' ^errd/gr ocouponto of-ouch developiiwnl-r Required open space shall be land areas that are not occupied by buildings, structures, parking areas (Including private driveways), streets or alleys. Said required open space shall be devoted to landscaping, preservation of natural features, open pavilions, and recreational areas. Required open space areas shall be contiguous, not a collection of remnants, nor the area immediately surrounding housing units ("common area"). B. The required open space requirement for a R-PUD is twenty-five percent (25%) of the gross acreage of the development. C. The required open space should be large enough for the use of all residents of the development or the general public, if deeded to the city. Such spaces should Include improvements such as playgrounds, pathways, pavilions, play courts, and areas of significant native vegetation. Specific improvements shall be aPiFSKSdja city. D. Areas with natural features worthy of preservation, which are^not buildable.-ouch as 8 Draft October 2. 2021  '■"egTiyOMi? 01 -stefiQs, ridgolpes, wetlonds. rivorsr ^.^omdorg, W|ldllf.&-bafeite4^P>nl(>f)j^f;^jly^.nnnitiun-nrnna^^ sijniFi^nnt ViPVtfS rlllll "Vistas; shall be preserved and may be considered part of the required open space calculation if contiguous to the rest of the development's required open space. E. Trails are required in R-PUDs. Location of trails shall conform to the city's Trail and Park Master Plan and the Cache County Trail Master Plan. F. Required Open Space Amenities. An R-PUD with 40-100 dwelling units must provide a playground. An R-PUD with more than 100 dwelling units must provide a playground and pavilion. Alternate amenities of equal value and utility may be provided, if approved by the city. G. Playground. A playground area provided for children twelve years old and younger to play on shall be provided. Each playground must include features that appeal to children within the above age group including some of the following: slides, monkey bars, ladders, tunnels, climbers, bridges, ramps, platforms, etc. All playground equipment must be of commercial grade. Each playground must include a minimum of six (6) features. H. Type of Ownership Allowed for Required Open Space 1. General. Required Open Space in the R-PUD zone shall remain undivided and may be owned and managed by a homeowners' association at the election of the city. The city reserves the option to own and maintain the required open space but is not required to do so. If the city allows a homeowners' association to own and manage the required open space, a narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, and utilities of the required open space. If, at any time, the ownership of required open space is changed to another form of ownership allowed herein, the ownership change must be approved by the city and the city must be provided the first right to accept or acquire the required open space. 2. Ownership Standards. Required open space within a development shall be owned, administered, and maintained by any of the following methods, either individually or in combination, and subject to approval by the city. a. Offer of Dedication: The city shall have the first and last offer of dedication of required open space. Dedication shall take the form of a fee simple ownershi The city may, but shall not be required to, accept required open sp ^^-^pfevided.that— (1) Such^nd is acces^le to the residents of the city; (2) There is no costp acquisition other than any cost incidental to the transfer of owners™ such as title insurance; and (3) The city agreres to and has access to maintain such lands. Where the city accepts d^icaTOn of required open space that contain improvements, the city may^quire\he posting of financial security to ensure satisfactory functionjng and suH^Jctural integrity of improvements for a term not to Draft October 2, 2021  exceed eigl^^(18) months from the date of acceptance of dedication. The amountylsTinancial security shall not exceed fifty percent(50%)of the actual cost/Of installation of said improvements. b. Homeowners' Association (HOA). The required open space and associated facilities as well as lands immediately surrounding housing units or buildings (known as "common area") may be held in common ownership by a homeowners' association. (1) The developer of the subdivision shall provide documentation showing a proforma, articles of organization and by-laws of the intended HOA, prior to the formation of the HOA. (2) The developer of the subdivision shall endow the newly formed HOA with funds equivalent to ten percent (10%) of the development cost for all common improvements which shall be used by the HOA to operate, maintain, and ensure the HOA for the first year that the association begins to operate independently of the developer. Funds shall be deposited in the checking account in the name of the HOA within ten (10) days after the day which the HOA begins to operate independently of the developer. (3) The HOA shall be responsible for maintenance of insurance and taxes-en* y > enforceable by liens placed by the city. (4) The nibnibers <^he HOA shall share equitably the costs of maintaining and devmpingsuch required open space and common areas. Fees shall be deterrmn^ by the association and approved by the city. The fees assessed sT^ll then be deposited in an escrow account. Shares shall be defined^thin\he HOA bylaws.(??? Craig wonders if the city wants to get involved in nujnX,af open space owned and maintained by a HOA.) ^J^) In the of a proposed transfer of required open space by the HOA to the city e of such action shall be given to all property owners within the dev> t. )All Improvements to the required open space held In common or intended to be held in common by the HOA shall be approved by the city, installed, completed, and accepted prior to the beginning of the second phase of construction, or if the project is not phased, prior to sale of all lots. If phasing of the Improvements to the required open space is required by the developer, all incomplete Improvements for the required open space shall be secured through a security of performance posted by the developer. The-bp»d-shall be of 150% of the cost of the incomplete Improvements. fterFfe^ecurity of pferrormaftce-feqmfed-befQO! Uie pi'ujBct-bogin£)?t~* L^sea^'H of The HOA shall have or hire adequate staff to administer common facilities and % properly and continually maintain the required open space. Maintenance Standards a. The owner of the required open space shall be responsible for maintenance and 10 Draft October 2. 2021  the raising of al) monies required for operations, maintenance, and physical improvements to the required open space through annual dues, special assessments, etc. The maintenance organization shall be authorized, under its bylaws, to place liens on the property of residents who fail delinquent in payment of such dues, assessments, etc. b. In the event the maintenance organization, or any successor organization, shall, at any time after establishment of a development containing required open space, fail to maintain the required open space in reasonable order and condition in accordance with the development plan, the city may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the required open space in reasonable condition. c. Failure to adequately maintain the required open space In reasonable order and condition constitutes a violation of this title. The city is hereby authorized to give notice, by personal delivery or by United States postal service, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same.-within twenty (20) days: Further, the city shall be authorized to -eestiFne-wwut maintenanceof the required open space m such a manner as it deems appropriate. okay with4hls,-r>-8ie-y.w^ iakliiu.)"' ,+ d. The\ity yfay, at its sole discretion, enter the required open space to bring it into compli^ce with the maintenance standards of this section. The city can force transf^ oHhe land to the city if the maintenance standards are not adequately maii;/aine^^anne taking as c. abova??) e. Should ani^DillsJor maintenance of the required open spaco-by the city be unpaid by January 1 ofeach year, a lien shall be filed against the premises in the same manner as other municipal claims. A late fee offifteen percent(15%)annually shall be added to such bills, and the city shall be entitled to recover any costs and attorney fees incurred collecting or recovering any such amounts due to the city. f. AccesVby f^lic upon Completion of Improvements within Undivided Lands. The HOA sf^^ve the option of allowing only property members and their guests to enter the^quired open space or let the required open space be open to the public. If the required open space is transferred to the City, then the public shall have acc^ to thes;equired open space. g. The following standards shall be fulfilled and shall be recorded on the face of the final plat; (1)"River Heights City shall have tt^right, but not the duty, to require, and if necessary, perfe(m, at the org^zation's expense, landscaping, maintenance and snow remobe/, as apMcable, within the open space areas if the organization fails adqquat^ to perform such. The city may take this action when asked to take\^er improvements or maintenance tasks by an organization. The cityc^tincil may also take such action when it determines the need based on a^lstorhql pattern of lack of care and maintenance. In the event River Heights^ity exerasqs this right, the city shall be entitled to recover any associated cdsts and attomey^es. This notation shall not be amended or deleted withoup4he approval of RivbrJHeights City." (??? Craig is concerned Draft October 2, 2021  with city liability if this note Is on a plat.) "If, at any time, the ownership of required open space is changed to another / form of ownership allowed by River Heights City in its Residential Planned Unit Development ordinance, the ownership change must be approved by the city and the city must be provided the first right to accept or acquire the required open space" 10-10-6: IN LIEU SUBSTITUTIONS FOR OPEN SPACE REQUIREMENTS A. Purpose. If thp/my finds that land In other locations may be better suited to meet the open space retirements consistent with the general plan, the city may, at its sole discretion,^ow^ developer to provide a cash in lieu substitution. B. Cash in Lieu. The city may. at its sole discretion, accept cash in lieu of open space or amenity requirements where such funds can be more effectively used to acquire land or amenities at a more appropriate or significant location consistent with the general plan and the parks and recreation master plan. Cash in lieu payments shall not be accepted until a qualified appraisal is provided by the city, at the cost of the applicant, identifying the value of the original land for which the in-lieu substitution is proposed, based on the use that will be permitted if the open space requirement is removed, and for which cash in lieu shall be offered. -The-^^tty-shatt lidve the option""^ -4e-t,{sp in liPitiuiKis-fof-ysee-for-fiafk improvomentoj C. Approval Required Prior to Recordation. Recordation of a final plat for a R-PUD utilizing a cash in-lieu substitution may not occur until in lieu substitution Is approved^ 0^finalized end-eSeottver- 10-10-7: DEVELOPMENT AGREEMENT The developer and the city shall enter into a development agreement, approved by the city attorney, that includes the following: A. The developer shall construct and complete the project in accordance with the approved plans and in accordance with city ordinances. The terms of the contract shall be binding upon all successors of the R-PUD. A- V^ ^ clause stating that if the final plat is not recorded with six (6)-months following approval of the development, said development approval is void and the developer must begin the application, review and approval procedures-agaie?ever- C. Acknowledgment that the landscape documentation package shall be provided to the city, approved, and installed as part of the project before occupancy permits are issued. Also include a description of the landscaping cash security or approved alternative, if required. D. Acknowledgement of provisions required in 10-10-4 G. of this chapter including: 1. Establishment of a perpetual, irrevocable homeowner's association (HOA) prior to any occupancy permits are issued. The owner/developer shall constitute a 12 Draft October 2, 2021  pseudo-HOA until sufficient occupants are available to establish an association according to covenants, conditions, and restrictions. 2. The developer will provide to the city covenants, conditions, and restrictions (CC&Rs)of the HOA, including its bylaws, articles of incorporation and methods for permanent retention and maintenance of required open space and common areas, landscaping, natural features, private streets, other privately-owned infrastructure and that architectural design standards will be followed. The CC&Rs shall be reviewed and approved in content and form by the city. Acceptance of the CC&Rs by the city will be contingent upon meeting the intent and conditions required by this code. The CC&Rs will be approved by the city prior to recording the final plat. The CC&Rs will be recorded by the city attorney at the county recorder's office at the time of the filing of the final plat. 3. A notice to subsequent owners of the need to obtain city approval of changes to the P-RUD, which may require either an amendment to the final development plan or a conditional use permit; 4. Acknowledgement that a special assessment area will be created to finance the cost of reasonably necessary maintenance, repair or replacement of commonly owned essential public infrastructure in the event of dissolution or default by the HOA; 5. A provision defining "default" by the HOA. E. Acknowledgement that the HOA shall be organized by the developer and be operated with financial subsidization by the developer, before the sale of any lots within the development. F. Acknowledgement that membership in the HOA is automatic (mandatory) for all purchasers of residences or lots therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be identified in the CC&Rs. G. Acknowledgement that the HOA shall be responsible for the following: \ Maintenance of all secondary water systems in the R-PUD. Tho firo lino shall be -tho rosponsibility of tlie City. (1.1 Maintenance of grounds, plants, trees, shrubs, sod, etc. in accordance with the landscaping plan. '6./ Maintenance of private streets, parking lots, sidewalks, playgrounds and other ' items described in the CC&Rs. H. That city utility billings, and any other city-issued billings, will be paid by residents of individual units or the HOA for the required open space and common areas, as designated by the CC&R declaration of management policies, covenants and restrictions setting forth the responsibilities and duties of the owners, renters, or occupants within the R-PUD. 13 Draft October 2, 2021  i. That all applicable fees will be charged by the city in accordance with a fee schedule set by the city council. J. Description of the required security of performance. K. Other documents that the city deems necessary to carry out the intent of this title. 10-10-8: WATER. SEWER AND ROAD REQUIREMENTS The design and construction of improvements in a R-PUD shall comply with the design standards in Title 11, Chapter 6 in addition to the following. A. Water Systems fe'sS * 1. Culinary Water System a. The culinary water system shall provide service to each dwelling unit. Each dwelling shall have a water meter. b. All master meters for common areas and required open space shall be set in the public right-of-way. c. All dwelling units shall be Individually protected by an approved backflow prevention-assembly^ . d. All water lines shall be located, maintained, repaired, and governed by approved CC&Rs from the service side of the meter to the shutoff valve in the dwelling unit. e. All units will comply with the adopted plumbing code. 2. Sprinkler System for Outside Irrigation a. The outdoor sprinkler system shall be approved by the city. b. Each system shall be serviced by a separate meter. c. Each system shall be serviced by an approved backflow prevention assembly designed for sprlnkier systems. d. Each backflow protection unit shall be registered with the city and have a certified test submitted to the city annually prior to the start of the irrigation season. e. Each sprinkler system shall be sized in accordance with the adopted plumbing code. f. Sprinkler systems that have the option of being connected to a non-potable water supply oro illoqal.oxcept as-approved. 3. Storm Water System 14 Draft October 2, 2021  a. Storm water systems shall meet the requirements of the subdivision ordinance, and city and state standards. b. The HOA shall be responsible for repairs and maintenance of all privately- owned storm water infrastructure. B. Sewer Systems 1. A sewer system will be installed to service a R-PUD in accordance with city standards. 2. No R-PUD shall be approved without connecting to the River Heights City public sewer system. All units must be connected to the system. 3. In addition to the city sewer ordinance, this section will provide specific requirements: a. Each dwelling unit shall beeewed-with a building sewer line which will not be less than four (4)inches in diameter. b. A dwelling unit drain/sewer shall go directly to the common area and will not pass through, under or over any other dwelling unit or building. c. A dwelling unit sewer shall be serviced by a common sewer. The common sewer may service more than one dwelling unit, however, the common sewer will be sized according to the presently adopted plumbing code. d. A dwelling unit clean out shall be provided as per the adopted plumbing code. Clean outs for the common sewer shall also be according to the plumbing code with the addition of a clean out with a brass cap at the property line. There will also be a clean out at the farthest upstream end of the pipe. This clean out shall be in the commons area and shall also have a brass cap or manhole cover. Additional clean outs may be required based on length and bends as per the plumbing code. dwelling unit will be provided with a back water valve as per the plurnWng leK \r C. Monthly Billing for Services 1. Monthly Billing for Utilities and Other Services. a. Each dwelling unit will be billed by the city at the established rates. b. Any structure other than a dwelling unit, as well as common areas and required open space, will be billed to the HOA at established rates. c. Fees for the outdoor sprinkler systems of common area and required open space areas will be billed to and paid by the HOA. 15 Draft October 2, 2021  2. Monthly Billing for Storm Water. Storm water fees will be based on the current rate schedule and will be included on the monthly utility billing to each dwelling unit or the HOA where applicable. D. Right-of-Way (ROW): Public and Private 1. All ROWs will be designed and constructed in accordance with city specifications. 2. A R-PUD must provide for pedestrian traffic, either in connection with the ROW or In another suitable location within the R-PUD. 3. A R-PUD must plan for storm water generated by ROWs. 4. Public ROW. Main roads (collector, minor and local streets) will be installed by the developer at the developer's expense and deeded to the city. 5. Private ROW. Private ROWs may be allowed in a R-PUD subject to the following requirements: a. All private ROWs must meet city specifications.fur pfivale ROWs. b. Private ROWs will be accessed from main roads (public ROWs.) c. Locations of private ROWs will be negotiated with the city during the development review and approval process. . E. Failure to Comply with Regulations. In case of failure or neglect to comply with any ^ and all conditions as established by law and the supporting documents of the R-PUD, the city wilf-refuse to issue additional building permits and stop construction until violations or noncompliant conditions have been elimjnated. 16 Draft October 2, 2021 M Gmail Sheila Lind <office@riverhelghts.org> Fwd: Suggested Revisions for River Heights PUD 1 message Vern Fielding <vemfielding@gmail.com> Tue, Oct 6. 2021 at 5:50 PM To: Sheiia Lind <ofnce@riverheights.org> Please fon/vard to the other council members. Forwarded message From: David Crockett <david@sequoiausa.com> Date: Tue, Oct 5. 2021,4:58 PM Subject: Suggested Revisions for River Heights PUD To: Vern Fielding <vemfieldjng@gmail.com> Vern, When looking at our site, we'd have the following comments: 10-10-2B: The 65% minimum being devoted to single family makes it so we can't achieve density to make economic sense. For example, on our site (ignoring the 65%)we only get 60 units of townhouses on a site plan. 10-10-2D: Comment#2 below the table makes it so we can't achieve 60 units on the 10 acre site (our units are 1,675 of livable SF). Any bigger and the density drops. Recommend: Remove the comment. 110-10-4H: Many developers will look at this provision as a question of risk - does a developer design the site "at risk" of the City arbitrarily making changes that could jeopardize the feasibility of the project? My guess is they would not. Recommended: Remove 10-10-4H. 10-10-4J: This is vague. The intent appears to require single family adjacent to single family and if It is a more intense use (like townhomes)then that structure must be 100' away from the existing single family home. Recommended: Language should be clarified. David Crockett, Principal Sequoia USA 702-769-0814  Sheila Lind <office@rlverhelghts.org> regulation 10-10-2 B 1 message HOWARD DEMARS <howarddemars@comcast.net> Tue, Oct 5,2021 at 11:59 AM To:"office@riverheights.org" <office@riverhelghts.org> Hello Councilman Wright, I'm grateful to you and all those who have contributed to the timely creation of the R-PUD Zone ordinance that will be discussed and hopefully voted on this evening. The lifting of the moratorium will allow my brother and me to fulfill our obligations as trustees of the family trust. I have one recommendation that I hope you and the city council will seriously consider. Regulation 10-10-2 B states that a minimum of 65% of all dwelling units in a R-PUD shall be single-family detached housing. I believe the option should be left open for the city council to relax this requirement on a case by case basis if there Is a good reason for doing so. For example, in the case of the combined Ellis-Demars property (13.39 acres), the ordinance would allow a gross density of about 6 dwelling units per acre, or roughly 60 units in all, which I believe will work for us. However, the regulation would only allow 35% of the units to be in multi-family housing. Assuming the property will contain a combination of single-family detached units and townhouse four-plexes, the regulation would allow only 5 four-plexes. There would be 40 single- ;family detached homes,so the total number of structures on the property would be 45. That's a lot of structures. By allowing a higher percentage of units to be in multi-family structures, the total number of free standing structures would be considerably reduced while maintaining a gross density of 6 units per acre. For example, if 67% of the units were allowed to be contained in townhouse four-plexes (instead of 35%), there would be 10 four-plexes and 20 single-family detached homes. The total number of structures would then be reduced by a third, from 45 to 30.This would create a more open and attractive neighborhood. Based on the figures for minimum lot area listed in the ordinance, I calculate that allowing 67% of units to be in multi-family structures would free up 46000 square feet of land (over an acre)that would add to the common space and could be planted in grass, shrubs, flowers, etc. Altematively, the 46000 square feet could be used to provide a protected buffer along the south bank of the Logan River that would be an average of 55 feet wide and would run from the northeast corner of the property to the northwest corner, an estimated distance of 845 feet. Every development has its own unique possibilities. So that these possibilities might be realized, I urge the city council to amend the ordinance to make possible a higher density of multifamily structures. Sincerely, . Howard G. Demars  Sheila LInd <office@rlverheights.org> M Gnnail correction 2 messages HOWARD DEMARS <howarddemars@comcast.net> Tue, Get 5,2021 at 12:29 PM To: "office@riverhelghts.org" <office@riverheights.org> In my earlier email, I stated that the R-PUD ordinance would allow for a gross density of 6 units per acre on the combined Ellis and Demars property (13.39 acres). This Is incorrect. I should simply have stated that it allows a total of about 60 units to be built on the property. total acreage - 25% green space - 25% roads = 13.39 - 3.35 - 3.35 = 6.69 acres 6.69 acres (net) x 9 units per acre (net) = 60.21 units H. Demars