City Council

River Heights City COUNCIL MEETING AGENDA Tuesday, October 19, 2021 Notice Is hereby given that the River Heights City Council will hold its regular council meeting beginning at 6:30 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 Ambassador Recognition 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/i/81961629364 Dial: 1346 248 7799, Meeting ID: 819 6162 9364 Posted this 14*^ dav qf October 2021 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 19, 2021 5 6 7 Present: Mayor Todd Rasmussen 8 Council members: Doug Clausen 9 Sharlie Gallup 10 Nancy Huntiy 11 Chris Milbank 12 Blake Wright 13 14 Recorder Sheila Lind 15 Public Works Director Ciayten Nelson 16 Finance Director Cliff G rover 17 18 Excused Treasurer Wendy Wllker 19 20 Others Present: Mary and Ryan Seager, Commissioners Noel Cooley and 21 Cindy Schaub, Mike Jablonskl, Marty McFadden, Kim and Nora Rasmussen, Clark Hymas, Penelope Heaton, Vern iij Fielding 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 October 5, 2021, 30 and the evening's agenda." Councilmember Wright seconded the motion, which passed with Clausen, 31 Gallup, Huntiy, 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, Huntiy, Milbank, and Wright in favor. No one opposed. 36 37 Proceedings of the Meeting: 38 39 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers In the 40 River Heights City Building on Tuesday, October 19, 2021,for their regular council meeting. 41 Adoption of Previous Minutes and Agenda: Minutes for the October 5, 2021, meeting were 42 reviewed. 43 Councilmember Milbank moved to "adopt the minutes of the council meeting of October 5, 2021, and the evening's agenda." Councilmember Wright seconded the motion, which passed with Clausen, Gallup, Huntiy, Milbank,and Wright In favor. No one opposed. mwnr iiaightc cnyc MluyUntjj 520 South 500 East River Heights, Utah 84321 Phone & Fax (435) 752-2646 46 Ambassador Recognition: Ambassadors Penelope Heaton, Nora Rasmussen and Clark Hymas 47 recognized and presented a card to PWD Nelson to thank him for all the help he has given their group 48 throughout this year. He expressed gratitude for their recognition. 49 Reports and Approval of Pavments(Mavor. Council. Staff): 50 Public Works Director Nelson 51 • Councilmember Wright asked how the tree limb clean up went. Mayor Rasmussen responded 52 that the tree company finished up today. They had two crews going full speed yesterday and 53 today. The cost might be $12,000-$15,000. Mayor Rasmussen summarized that the storm was 54 Monday night, which left broken tree branches in everyone's yards on Tuesday morning. On 55 Wednesday he contacted each of the council members, who all agreed they would support a 56 clean-up plan to help citizens. Total Tree Care was willing and available to collect resident's 57 branches. 58 FD Grover 59 • He discussed the Financial Summary, Financial Statements and Capital Projects list. 60 • Bills were presented. 61 Councilmember Clausen moved to "pay the bills as listed." Councilmember Mllbank 62 seconded the motion, which passed with Clausen, Gallup, Huntly, Milbank,and Wright in favor. 63 No one opposed. 64 • Mayor Rasmussen expressed a desire to get the newly elected officers together with Mr. Grover 65 and the council to train them on how the budget functions. The group felt a workshop at the end 66 of November would work. 67 Councilmember Huntly 68 • She informed they plan to hire Gary's Little Red Tractor again this winter to plow the sidewalks 69 the city is responsible to clear. Last year wasn't a good year to find out if it was worth hiring the 70 job out(due to the small amount of snow). 71 • She has looked at sidewalks around the city. Most of the bad ones are due to tree roots. She has 72 read the sidewalk code and the minutes of a council discussion about a year ago. She asked that 73 a further discussion be on an upcoming agenda. Councilmember Clausen asked if it was a good 74 idea to replace sidewalks in the winter. PWD Nelson said if they do small sections, they would be 75 easy to insulate. 76 Councilmember Clausen 77 • He said he had heard from several citizens who were very grateful for the city's effort to help 78 them get their tree limbs hauled away. 79 Councilmember Wright 80 • He informed that there was a tree branch across the Stewart Hill nature path. PWD Nelson said 81 he would clean it up. 82 Public Comment: Mary Seager offered thanks from herself and her family to the Council for 83 working on the PUD ordinance. She requested the Council remove their property from the moratorium so 84 the developer can get started. 85 Review and Adopt the Residential Planned Unit Development(R-PUD) Ordinance Draft: Mayor 86 Rasmussen thanked Councilmember Wright and Commissioner Cooley for the many hours they have put 87 in on this ordinance. 88 Councilmember Wright reported that he and Mayor Rasmussen met with Developer Marty 89 McFadden, who represents Heritage Land Development,the development company that bought the Lois 90 Weston Properties and is purchasing the property east of the church on 600 East, who was in attendance. River Heights City Council Meeting, 10/19/21  They seem to be very Interested in an over 55 compatible development. Density and product mix are two 92 areas they would ask for leeway in the PUD ordinance. 93 Councilmember Wright reviewed the recent changes to the R-PUD Ordinance. He discussed 4- 94 plexes vs. 5-plexes and said he supported the 4-plex maximum after recently visiting completed 95 developments. Other council members gave their ideas. They decided to leave the allowance of 5-plexes. 96 The Lot Regulations Chart changed quite a bit. Councilmember Wright led a discussion on the 97 chart changes since the last meeting. Councilmember Huntly cautioned against denying flexibility. They 98 discussed and agreed to leave the minimum project size as 3.5 acres. 99 Discussion was held on the minimum square feet for each multi-family dwelling unit. 100 Councilmember Huntly wanted to allow for units with less square footage. The rest of the council were 101 okay with leaving it at 1,150 sq. ft. 102 Councilmember Wright felt strongly that the success of the development would depend on the 103 exterior materials, elevations, and landscaping. He suggested each unit be treated differently, with the 104 use of complimentary materials. He discussed building materials allowed and not allowed (Tl-11, vinyl, 105 and metal siding). Commissioner Cooley said on primarily brick homes, he thinks gables look fine with 106 metal and vinyl. Others felt some vinyl types would be fine. Councilmember Huntly asked If they were 107 being unnecessarily picky and causing higher costs for units, when they are sold. Councilmember Wright 108 felt it's Important to give direction to current and future planning commissions and city councils to 109 effectively administer the code. Marty McFadden said there are decorative aluminums that look like 110 wood and wear much better. He discussed the Draper code mentions "a proven higher quality," in 111 regards to allowed materials They discussed the city's desire to have the main roads in the PUD be city owned. . Councilmember Huntly discussed a letter from Mike Jablonski and Cindy Johnson about allowing 114 roads as a buffer zone. Commissioner Wright explained that if the developer puts homes on the 115 perimeter, they need a 100-foot buffer. The council discussed earlier that they thought roads could be 116 included in the buffer. 117 Councilmember Huntly brought up another concern about eminent domain in PUD developments. 118 Councilmember Wright didn't have a problem addressing this in the ordinance but wanted attorney 119 feedback. He emailed the city attorney but hasn't heard back yet. Councilmember Milbank felt this type 120 of verbiage wouldn't belong in the PUD ordinance, but somewhere else in the code. 121 Councilmember Wright explained the math he went through to figure density, based on 10 acres. 122 His calculation for an R-1-8 zone was 43 units. The PUD zone draft they are working on would allow 49 123 units at nine units per acre net. He pointed out this is not a significant increase for developers to want to 124 do a PUD and sacrifice land for open space. The Planning Commission had recommended six units per 125 acre gross which is 60 units/10 acres. Mr. Wright asked the Council to consider single-family attached as 126 part of the 65 percent single-family requirement. He pointed out the development in Providence,south 127 of Stone Creek. 128 Marty McFadden, of Heritage Land Development, gave a presentation on two different over 55 129 developments. In one example homeowner buys the building, not the property, which is owned by an 130 HOA. It offered a variety of two- and four-unit single-family attached homes. There were 80 units in 12.5 131 acres, a density of 6.4 units/acre. The open space has been tucked into the middle of the development. 132 Professionally designed landscaping surrounds all the homes. Common use trails and walk paths were 133 throughout the subdivision. A high level of privacy and seclusion was balanced with accessibility. Grassy "'t gathering places for social interaction are included. ,.' He showed a second development in Daybreak. Both developments were 50% single-family. One 136 development had an HOA and the other is property owned by the homeowner. River Heights City Council Meeting, 10/19/21 3 137 Their company has done several 55+ community developments. They are looking at developing 138 the property east of the church on 600 East and a portion of the Lois Weston property. They would like a 139 little more flexibility in the PUD ordinance to be able to do something really nice. 140 Councllmember Wright thanked Mr. McFadden for showing some options for different density 141 and housing products In PUDs. 142 Councllmember Huntly reminded they have been asked by many people to not allow high density 143 developments. 144 Councllmember Wright said developers are not incentlvlzed to have open space based on the 145 current PUD ordinance draft. They can barely get more dwellings than an R-1-8 zone. Both developers 146 that have contacted the city are asking the city to reconsider the 65% single family requirement, as 147 recommended by the Planning Commission. 148 Mr. McFadden said their company would get excited about 6 dwellings/acre. They could match 149 the look and feel of River Heights. It would give them a level of creativity the city would be proud of. 150 Councllmember Gallup did not agree with a blanket allowance of 6 units/acre. 151 Discussion was held on If they could tailor the PUD ordinance to work with 55+ developments or If 152 they would need a separate ordinance. 153 Commissioner Cooley pointed out the possibility of the Visionary property In Providence (formerly 154 the Chugg property) coming back to River Heights If they aren't able to get what they want in Providence. 155 Would this PUD draft cover this property? He suggested addressing this property on the General Plan 156 annexation map. This Idea would be one reason to maintain the larger percentage on single-family 157 dwellings. 158 Councllmember Mllbank said he's heard from several people who are Interested In some type of 159 multi-family developments. 160 Councllmember Wright said he Is In favor of modifying the PUD draft to include options for over 161 55 developments. He was willing to go higher In density than nine units per acre net and suggested 5.5 162 units per acre gross. Councllmember Mllbank was also willing to Increase the density. 163 Commissioner Cooley suggested they allow a developer to show that their development meets 164 the intent of the city's PUD ordinance. Mayor Rasmussen Informed that Attorney Jenkins said cities have 165 a lot of latitude. He pointed out that other cities In this valley don't have near this much detail In their 166 PUD ordinances. It's up to the developers to convince cities that their development will be good. 167 PWD Nelson pointed out that most of the areas where a PUD was possible, already have a main 168 road access, which would give them more development space. 169 Mr. McFadden said If units per acre are called out In net, the developer is Incentlvlzed to minimize 170 Infrastructure area (roads and sidewalks) so that a larger area Is available for development. This may 171 result In a development that Is less attractive. If It's addressed in units per acre gross, the developer Is 172 less incentlvlzed to minimize infrastructure area. The layout of the units and open space dictate the 173 design of the development more than the infrastructure. It becomes more multi-faceted. Units per acre 174 net becomes more of a mathematical exercise. 175 Councllmember Wright wasn't sure any developer would want to build a PUD with this ordinance. 176 Councllmember Huntly would like to allow more flexibility to the developers. 177 Mayor Rasmussen thought 5.5 units per acre gross was a reasonable number. 178 Mr. McFadden said they Intend to submit a plan for a 55+ compatible, not exclusive. 179 They discussed changing the density to 5.5 units/acre gross. This will Incentlvize the developer to 180 be the most efficient as possible. A majority agreed. 181 Councllmember Huntly asked to discuss lowering the square feet of a unit. Mr. McFadden said 182 there is a market for studio and one-bedroom homes, which could lower the minimum sq feet to 500-600. River Heights City Council Meeting, 10/19/21 4  He noted that lowering the square footage wouldn't necessarily mean less expensive units, which might 184 attract a less desirable group. Ms. Huntly would like to provide smaller homes for those who are looking 185 for this. Councilmember Milbank agreed. The number of units would stay the same. Councilmember 186 Wright, Clausen and Gallup wanted to stay at the minimum square feet of 1150 for the dwelling unit main 187 floor area including garage. 188 Discussion was held on changing the 65% single-family requirement to 50%. Councilmember 189 Clausen was happy with 65% single-family detached but would like to offer latitude for designated 55+ 190 developments. Councilmember Milbank agreed. Councilmembers Gallup and Wright were fine with the 191 55+amendment. 192 Councilmember Cooley recommended including "all building materials must be proved to be of 193 medium or high quality." 194 Discussion was held on whether they should show the Chugg property in the annexation plan. 195 Councilmember Clausen asked that they please consider the city's water storage capacity. It may be best 196 for the city to not annex these larger properties. PWD Nelson agreed the city has the water, but not 197 necessarily the storage. Commissioner Cooley said state guidelines show River Heights'storage capacity 198 is okay, but not at peak usage. 199 Review and Adopt the Proposed Changes to the General Plan Land Use Map; Postponed. 200 They planned to adopt the R-PUD ordinance and lift the moratorium at the next meeting. 201 Councilmember Clausen Informed that he would be out of town but would attend through Zoom. 202 Councilmember Huntly brought up the letter from the Demars and Ellis families on the river 203 setback. She thought the Planning Commission and City Council should be clear on the reason they are requiring a certain footage. They should state if its due to flood danger or retaining river health. The meeting adjourned at 10:25 p.m. 206 207 208 209 Sheila Lind, Recorder 2ia 2U Todd A. Rasmussen, Mayor River Heights City Councii Meeting, 10/19/21  River Heights City Bills To Be Paid October 19,2021 Payee Description Admin. P&Z Parks/Rec Pub. Safety Com. Aff. Roads Water Sewer Total 1 2 3 4 5 JULY $ 6 Bear River Health Department Water Coliform Testing $40.00 $40.00 7 Caselle, Inc. Monthly Support $91.69 $91.66 $91.65 $275.00 8 Cindy Christensen Pavilion Rental Deposit Refund $50.00 $50.00 9 Cindy Schaub Planning Commission $48.00 $48.00 10 Daines & Jenkins Legal Fees $1,239.00 $1,239.00 11 Forsgren Associates, Inc. Stewart Hill Park & General Consulting $1,197.50 $1,305.00 $2,502.50 12 Freedom Mailing Bill Processing $165.49 $55.16 $55.16 $275.81 13 Heather Lehnig Planning Commission $48.00 $48.00 14 Kilgore Compainies Orchard Drive Storm Drain $541.89 $541.89 15 Lance Pitcher Planning Commission $36.00 $36.00 16 Levi Roberts Planning Commission $48.00 $48.00 17 Noel Cooley Planning Commission $48.00 $48.00 18 Rocky Mountain Power Electricity $274.45 $69.73 $24.94 $1,180.76 $3,986.81 $29.27 $5,565.96 19 Sharlie Gallup Cookies Astronomy Night/Apple Days $253.30 $253.30 20 Spencer Rasmussen Newsletter General & Candidate $150.00 $150.00 21 Thomas Petroleum Fuel for City Vehicles $35.48 $35.48 $35.48 $35.48 $141.92 22 Whitakcr Construction Orchard Dr. Storm Drain $1,274.39 $1,274.39 23 Xerox Corporation Copier Monthly Fee $42.26 $42.26 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 1 SubTotals $3,16039 $228,00 $1,46031 $24.94 $25330 $3,032.52 $4,209.11 $211.56 $12,580.03 Page 1 Total Amount ti aid $12,580.03 River Heights City Financial Summary - Updated September 30,2021 08/31/21 09/30/21 Net Change % of Total Genera! Fund 454,843.63 448,328.29 (6,515.34) 17.76% Capital Projects Fund 321,137.10 314,270.09 (6,867.01) 12.45% Water Fund 905,299.20 930,646.11 25,346.91 36.87% Sewer Fund 799,362.41 830,618.44 31,256.03 32.91% Total Cash Balance 2,480,642.34 2,523,862.93 43,220.59 100.00% %0f %0f Unexpended Budget Time YTD Actual Annual Budget Budget incurred Incurred . '' '' ' ' ■' Revenue 285,673.03 969,805.00 684,131.97 29.46% 25.21% Expenditures Administrative 44,176.15 192,550.00 148,373.85 22.94% 25.21% Office 5,102.05 26,040.00 20,937.95 19.59% 25.21% Community Affairs 8,694.26 25,550.00 16,855.74 34.03% 25.21% Planning & Zoning 4,136.50 3,205.00 (931.50) 129.06% 25.21% Public Safety 7,817.08 218,910.00 211,092.92 3.57% 25.21% Roads 19,288.57 146,500.00 127,211.43 13.17% 25.21% Parks & Recreation 15,372.65 73,850.00 58,477.35 20.82% 25.21% Sanitation 29,908.52 150,000.00 120,091.48 19.94% 25.21% School Building 984.05 33,200.00 32,215.95 2.96% 25.21% Transfer To CP Fund - 100,000.00 100,000.00 0.00% Total Expenditures 135,479.83 969,805.00 834,325.17 13.97% 25.21% Net Revenue Over Expenditures 150,193.20 - (150,193.20) Capitaj'ifrpjects.Fund. ' • Revenue 141.25 3,000.00 2,858.75 25.21% Reimbursement income - - - Transfer From General Fund 100,000.00 100,000.00 Expenditures Administrative 22,000.00 22,000.00 25.21% Parks & Recreation 11,658.55 150,000.00 138,341.45 25.21% Roads 55,519.69 272,400.00 216,880.31 25.21% - - - 25.21% Total Expenditures 67,178.24 444,400.00 377,221.76 25.21% Net Revenue Over Expenditures (67,036.99) (341,400.00) (274,363.01) . . .. ^Watdr/Fund.;.. ' : . , ' Revenue 119,411.63 457,003.00 337,591.37 26.13% 25.21% Expenditures 70,353.03 507,140.00 436,786.97 13.87% 25.21% Net Revenue Over Expenditures 49,058.60 (50,137.00) (99,195.60) Sewer Fund Revenue 97,919.49 402,703.00 304,783.51 24.32% 25.21% Expenditures 47,884.85 438,890.00 391,005.15 10.91% 25.21% Net Revenue Over Expenditures 50,034.64 (36,187.00) (86,221.64) Combined - All Funds t j.- . Net Revenue Over Expenditures - Combined 182,249.45 (427,724.00) (609,973.45) Capital Projects Schedule Report As ofJiinel5„2021 Start Projected Bids Bids Area . Project Budget Amount .Date Completion Date Required Received FY 2020-21 Parks Stewart Hill Park. 50,000.00 ;66/30/21 Sewer ip,000;00 ? . .■ Water Upgrade Lower Well ^ 0007960:00-^ ? 7 to^rPY 2020^21 :26O,G00.00 - . , \ - FY 2021-22 Administrative fii Iffirii ntwir nnp-ilr anri Ramp^ 12,000;00 08/01/21 09/01/21 Admihistrative ..♦MaAlei' Plan City SqujPG" 10,000.00 .42/15/21 7-f Parks ^■SttJwji'Lilill pQfk • 450,000.00 04/01/21 07f22/22 Roads SOO-Eastr 70,(300.00 ? ? Roads 400 So'uth-Sidwalk Right of Way Acqulsitloh-^ 65,000.00 ? ? . Roads Mcwalk Repairs,CitywIdC" 50,000.00 07/01/21 06/30/22 SiHwallf arid'ParJc.««|i iMlO M (hill) Past-tn Roads - 400-east)- ■ ^45,000.00 ? ■ 7' ■ ■ RoadS; BoadSeat- ; ; 40,000.00 vq8/oi/2l. 10/15/21 Roads Sidewalk idenUfied by Painf ^ 1,200.00 07/01/21 08/30/21 Roads SidfiwaJWdentHTed43TrP3int-' 1,200.00 07/01/21 08/30/21 Sewer ItowShop > 120,000:00 ncYhi ^*^1 ' ip/ei/ar- z-t — V- Sewer New Trek- 35>oob;oo ■ 07/01/21 11/15/21 Water JJpgraele-Lk)wer Well- -leipeoio? 06/01/21 08/15/21 iinprafift wm^r unft Lowpr won to icwgr j 'Water % "90,000.00 08/15/21 10/15/21 ; ' ^Water LnwnrWrllPrnprrty AnrririitfQh 15,000.00 06/01/21 08/01/21 ^ 80M00:0O Capital Projects Status Report AsofJunelS, J Start Projected Mds Bids ;t Area Proje: Budget AnacQunt Date Completion Date ( quired Received FY 2020-21 Parks Stewart Hill Park 50,000.00 06/30/21 Sevuer lO.QOO.OO Water Upgrade Lower Well 2OQ;0tfo.OO Total FY 2020-21 260,000.00 FY 2021-22 Administrative Old ochool Stair Repair and Ramp 12,000.00 08/01/21 09/01/21 Administrative Master Plan City Square 10,000.00 10/15/21 12/15/21 Parks Stewart Hill Park uoPi 0.00 04/01/21 07/22/22 Sidewalk and Park Strip 400 South (600 East to Roads 500 East) 70,000.00 Roads 4C)0 South Sidwalk Right of Way Acquisition 65,000.00 Roads Sidewalk Repairs City-wide 50,000.00 07/01/21 06/30/22 Sidwalk and Park Strip 400 South (500 East to Roads 4Q0 East) 45,000.00 Roads Rc)ad Seal 40,000.00 08/01/21 10/15/21 Roads Sidewalk Identified by Paint 1,200.00 07/01/21 08/30/21 Roads Sidewalk Identified by Paint 1,200.00 07/01/21 07/01/21 08/30/21 08/30/21 y^ Sewer New Shop 120,000.00 06/01/21 '^»^0/01/21 Sewer New Trek 35,000.00 07/01/21 11/15/21 Water Upgrade Lower Well -Joo,ooo.oo 06/01/21 08/15/21 Upgrade Water Line Lower 'Veil to River Water Haiglhts Blvd 90,000.00 08/15/21 10/15/21 Water Lower Well Property Aquisition 15,000.00 06/01/21 08/01/21 804,400.00 / 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 vwthin 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 (our mfive f5^ units per building] 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 163, 2021  Lot Regulations: Minimum Project Size 3.5 acres Maximum Density^ 0-dwelling umto psracj'e (net) ' 5,S 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 -t- 0.5 guest/unit Multiple Family(2+ bedrooms) 2 per dwelling unit + 0.5 guest/unit ^ Density (net acreage) = Housing units per gross project acreage minus aweage dedicated to rights-of-way and minus acreage dedicated to required open space. The following regulations apply when a building is tb be sold with additional property outside of the building footprint. Minimum Lot Area Single-Family Detached 5.000 sq ft ; Single-Family Attached (street garage access) 9,167 sq ft % Single-Family Attached (alley garage access) 8,334 sq ft - i". Duplex 7.500 sq ft Multiple Family^ Vdfies depending on rkimber of units Minimum Lot Width Single-Family Detached 60 feet Single-Family Attached (street garage access) 55 feet Single-Family Attach^(aUey garage access) ^ 50 feei Duplex lOOfeet • . • Multiple Family ■120 feet ^i Setbacks ' Front Yard (street ganage access) 20 feet minimum Front Yard (alley garage awess) 10 feet minimum Rear Yard (street garage access) 10 feet minimum Rear Yard (alley garage access) 20 feet minimum Side Yard (single family detached, duplex) 7.5 feet minimum Side Yard (single family attached, multi-family) 10 feet minimum Side Yard on a Street 15 feet minimum adjacent to street 2 Multiple Famify dwelling unit main floor area including garage is to be 1,150 sq. ft. min. When a building is to t)e s<rfd with no additional land outside of the building footprint, minimum tot areas and minimum widths need not apply. The following regulations will apply in these circumstances. Setbacks Front Yard (street garage access) 20 feet minimum Front Yard (alley garage access) 10 feet minimum Rear Yard (alley garage access) 20 feet minimum Side Yard on a Street 15 feet minimum adjacent to street Building Separation (Distance Between Buildings) Side Yard (single family detached, duplex) 15 feet Side Yard (single family attached, multi-family) 20 feet Dran October 1g8, 2021 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 within eet-f^nine (9) months following approval of 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 th© sketch plan submission (11-4-1 F.), the conceptual site plan shall show appro^mate building locations, proposed road layouts, general parking layouts, proposed open spaces, anticipated public and private amenities and their locations. C. in addition to items required for the preliminary plat submission (11-4-2 B.), the developer shall include dimensions and locations of areas to t)e reserved for vehicular and pedestrian circulation, proposed parking, ingress, and egress. Proposed circulation patterns including private driveways, public and private streets, and pedestrian and bicycle paths shall also be included. Description and placement of fences, walls and solid waste enclosures shall be shown. D. In additton to items requfredforthe preliminary plat submission (11-4-2 B ), the developer shall submit preliminary architectural plans and landscape plans. The architectural plans shall comply with toe architectural standards described below. The preliminary landscape plan shall show general location and types of plants to be installed as welt as preliminary calculations demonstrating that landscape requirements have been met. E. The final plat submlttal shall include fully designed and engineered drawings for the site plan, arrtoitectural plans, landscape plan and parking plan, with these plans meeting ail the requirements outlined herein and which may be added as a condition of the sketch plan (conceptual) or preliminary plat approval. This is In addition to any plat and construction drawings which are required as part of the subdivision of property described in Title 11, Chapter 4. F. The developer's engineer shall prepare, as part of the construction documents, an estimate of the cost of construction of all the public improvements. The city engineer shall review the estimate of the cost of construction for the purpose of determining the amount required as security of performance. The security of performance required is to assure the city that all improvements are constructed in conformance with all 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 3 Draft October 163, 2021  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 subdivider 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. 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 notice to subsequent owners of the need to obtain eity approval of changes to the P-^;PUD, which may require either an amendment to the final development plan or a conditional use permit; 3. A provision granting the 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 create a special assessment area comprised of all homes and lots within the PR£UD,to finance the cost of reasonably necessary maintenance, repair, or replacement of commonly owTed essential public infrastructure such as streets, sidewalks, street lighting, water systems, etc., in the event of dissolution or default by the homeowners' associaUon; 4. A provision defining "defauit" 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 Infrastrw^ure which has become unsafe, unsound or functionally obsolete as determined by the city engineer. H. ModificattOTS and CorKlltions f4ay be Imposed. The planning commission and city council may Impose modifications and conditions including, but not limited toouoh oo: 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-wlde open space and landscaped buffer. If a road is installed in the 100-foot-wide 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) 4 Draft October 1^.2021 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. Buildings within a deveiooment shall have a mix of comolementarv exterior materials to avoid all buHdlnos l<X)klnq the same. The city council will either appoint a design review committee or the planning commission and citv council will approve all exterior building materials and building elevations. All exterior materials shall be suitable for the climate and exposure in which the development is located and shall, to the greatest extent possible, be maintenance free. Primarily durable-: materials including stucco, brick, fiber cement, decorative block or other materials as approved by the citv. shall be used. T'U11. oktitw-.ts not allowed. River Heights City reserves the right to reject any proposed building mate)^it feels is not in harmony with this requirement. 'V...^ b. Elevations. For buildings over one story,-v^rtiGal-se^-ati-on elements to differentiate levels may be appr<^riate. These may include change of materials, dormers, cornices, or other elements, as approve 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 end/or shutters is not compatible with the overall architectural style. Roofs. Rlti^ed rool^ are encou^ed. (1) Each single-family detached unit, single-family duplex unit 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) K^itiple 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 faqade by more than ten (10) feet. 2. Accessory Buildings. Accessory buildings privately owned by an—individual homeowners 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. Draft October 168.2021  4. Solid Waste- Each dweliina unH shall have a solid waste container. Dunrtpsters or laroe solid waste containers shall be provided for required open space areas- Solid waste containers and dumosters shall be shielded or screened with a proper enclosure. Enclosures shall be apDroved bv the citv. Solid waste collection shall comolv with Looar) Citv Environmental Standards. L. Landscape Plan 4.- -Show plonting-and irrigation ptano for the-orttlre sito (OKoept for oinglo family detoched, privately owned lots). epecifioaHy thogfi nrnnn which will bo hold in Gommon ownerehip. The landocopo plans-sha^^l^ude all requiremofits-outiiBed . 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 et^re site (exceptfw single-family detached, privately-owned lots), specifically those areas which will be held in common ownership. The landscape documentation package shall be submitted to and approved by the city as part of the construction documents submissionpriorto the icsw of ony permit. 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 all plant materials, a legend botanical and common names, and size of plant materials; (2) Property lines and street names; Existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements; (4) Existing trees and plant materials to be removed and retained; 'liS) Designation of landscape zones; and (6) Details and specification for tree staking (trees 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 svstem. including the point of connection components, backflow preventer, meter, etc.; (2) Static water pressure in pounds per square inch (psi) at the point of connection to the public water supply: Draft October 1g3,2021  (3) Flow rate in gallons per minute and design operating pressure in psi for each valve and precipitation rate in inches per hour for each valve with 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 Internationa! Building Code. M. Landscaping Standards 1. All required landscaping shall be instaiieo prior to the city issuing any certificate{s) of occupancy for ^uctures in ttie 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 instalted by the folfowing May 31st. The cash security or approved alternative is in addition to ^e 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 Jplr referenced herein. Materials. Landscaping shall be planted with substantial live plant material mciuding 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 Seiection. Plants selected for landscape areas shall be well suited to the cHmate 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) Mutch. After completion of all 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 7 Draft OctcAer 163, 2021  landscaping of the development. (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'). iOMA) Xeriscapinq. The developer is encouraged to use xeriscaping for a- - [Formatted portion of the required landscaping. (44(5) Vegetation Protection. The property owner must protect existing significant vegetation during any dev^opment activity. Development plans must show all significant vegetation within twenty feet of a proposed development. (^(6) Removal. No landscaj^ng may be removed without replacement of equal quality. This shall inch^e the installation of healthy plant materials as well as a tree for tree replacement as governed by tfws ordinance. Utility contractors and others that dishjrl> 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 p^ths. Where possible, such walkways and paths shall connect to a la^r trail system. The general location and design of such walkways and paths shall be presented as part of the preliminary site plan. The construction t^e, 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 Infrastruchjre. 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, Chapter 3. 5. Signage. All signage shall comply with the River Heights City sign ordinance. Draft Octdjer Iga. 2021 10-10-5: OPEN SPACE R-PUDs shall provide a minimum open area ("required open space" a«d/G<^-oscupant6 of- euoh dovelopment. 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"). The required open space requirement for a R-PUD is twenty-five percent (25%) of the gross acreage of the development. 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, patfiways, pavilions, play courts, and areas of significant native vegetation. Specific improvements shalf be approved by the city. Areas with natural features worthy of preservation, which are:= the development oropertv and not buildable. 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. Traits are required In R-PUDs. Location of btrtfs 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 playgrourto and pavilion. Alternate amenities of equal value and utility may be provided, if approved by the city. G. Playground. A playground arc^ 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 Draft October 163,2021  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 ownership. The city may, but shall not be required to, accept required open space.T (1) Such land <6 aoooosible to the e-cityv (2) Thero-is-no ooet of ooquioUien oth oo6t-tno4dento1 to tho traaefeF of-ownorohip ouoh-as title inouro' (3)-The oity agrQOG4o and ha Cnr fn mninTiiri^^ hnrlr Whnrn thn rity oooopto dodioatioft of-r^eqi open space thet-e^fain improvements,■the city may requko tho post? rf finanoia) eoouritv^^»nouro sotiofactory functioning and-stfootufat irovomont^Stf a torm not to exoood oiahtoonglj^) monthe Ste of acoepta^^of dodk>aUof».- I'lXftnnrf fifty pnrfiont nf the actual coGt of inet said b. Homeowners' Association (HOA). The required open space and associated facilities as welt as lands ifflmediately surrounding housing units or buildings (known as "common area") may be heW in common ownership by a homeowners' association. (1) The developer of the subdivision shall provide documentation showing a i 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 equlvaienl 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 \rtmichthe HOA begins to operate independently of the developer. (3) The HOA shall be responsible for maintenance of insurance and taxes-ea undivided lands, enforceable by liens placed by the city. f4-) Tho members of the HOA-shall-shafe-equitably the-ooet& of malntoining and-developing such required open epaoe and common oroas. Feee shall be dotofmined by the asoooiation and approved-by-the-eity. The fees eeeeesed-ohall then be dopeelted in on oocrow aoooui>t.-Sharei>oholl be defined within tho HOA byiawo. t&iiA) In the event of a proposed transfer of required open space by the HOA 10 Draft October 162.2021  to the city, notice of such action shall be given to ail property owners within the development. 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 bond shall t)e of ^0%-^ the-cost-of tbe inooreplete imDfovemef>t6.A development plan sh^yi^ submitted bv the developer that identifies the timeline and como^^P'of amenities. The citv engineer is hereby authorized to set the sediplFmiPerformance in an amount that ensures the completion of said afi^ities. c. The HOA shall have or hire ad.«i^te staff to adminhs^r common facilities and properly and continually mainl^> the required open s^ce. 3. Maintenance Standards a. The owner of the required open space shall be responsible for maintenance and the raising of all 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 plae^ liens on the property of residents who fall delinquent in payment of such dues, assessments, etc. b. In the event the maintenance organization, or any successor organization, shall, at any time after estal)lishment of a development containing required open space, ^ j;!' fall to maintain the required open ^ce in reasonable order and condition in acconiance with ttie 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 mairHain the required open space in reasonable order and amdition constitutes a violation of this title. The city is hereby authorized to give notice, by persor^ delivery or by United States postal service, to the owner or occupart,as the case may be. of any violation, directing the owner to remedy the same^ w'tWn-twonty (20')-days. Furtfier, the city shall be authorized to correct the assume maWtenance violation of the required open space and bill the owner or d.' Tho oky-fway.-at itc solo disorotion. onter-^ roquirod opon opooo to bring it into oofwplionoo with tho molntorwnoo otandards of this seotkm^he-city con foroo transfer of the land to the city if the maintenonse standawto'are not-adoquately maintained. e,d^ Should any citv bills for maintenance of the required open space by tho oity be unpaid by January 1 of each year, a lien shall be filed against the premises in the same manner as other municipal claims. A late fee of fifteen percent(15%) 11 Draft October 162,2021  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-.—Aooess by-Pubtio-upon Completioa-ef-tmpfovementc wiUiin Undivided Londo. Tho HOA choll have tho option-e^Howing only-property-memboro ond their guests to ontor tho roqui^e<^pen■6^ooo or let tho required open spaoo be open to tho publio. If tho required open-epaeo is transferred to tho Cit>'. then the-putttte-ohatt-have ocooGo to tho roquired open space. ^T^e following standards shall be fulfilled and shall be recorded on the face of the final plat; (1) 'River HoigNe City ohall haw teej ^nof tha difty,- -to -fequiro, and if go, iondaoQping, fnaintenanoa ond enow removdfr ■ within' open epaoa arooo if the ^y may toka-thio action asked' ■take' iprovomontG jnonco taeko by an organizatfon.-The oky-eam -etee- on it dotorminoe tho nood baeod on a^feforioal rofoafaan /ntononoe. in the ovonf RivofHeiaf^sifCity oxorofeaN T4ho city ohali b ed-to raeo¥9r anyaseoohhU u^^^rfatfomey- Hg notation-ahaiimM-baamondod or dolotod without-th&^^w^ okRw tS'Gity' (3) 'If. at any time, thdi^nersnip c^required open space is changed to another* Fonnattvd: Indent Left 1', No bullets ornumt form of owner^ip allowed by River Heights City in its Residential Planned Unit Development ordinance, the owner^ip 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: P<iHi!f>069."lf tho city Undo thai-lgpd inother looationo may bo bottor suited-to-meet-the opol^gaoGO roquirofft8iBts ooff#i0nt with tho gonofol-plan.-the city mayr-et ite-eole dioofowbi allow a devieloper4Q-^Wide a oash in lieu eubetifatioo? BtA. Cash in Lieu. The city may. at Its sole discretion, accept cash in lieu of open space or amenity requirements wnere 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. Tho city shall have the-optioa to-use -ifi iieu funds for uses-for pork improvomonts. 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 the w-tiewn-lieu substitution is approvedr and 12 Draft October 163,2021 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. B. A clause stating that if the final plat Is not recorded with eix-f6lnine (91 months following approval of the development, said development approval is void and the developer must begin the application, review and approval procedures oyeragaw. 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 diapter including; 1. Establishment of a perpetual, irrevocable homeowner's association (HOA) prior to any occupancy permits are issued. The owner/developer shall constitute a pseudo-HOA until sufficient ocC44>ants are available to establish an association according to covenants, conditions,and restrictions. 2. The developer wilt 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, rtatural 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 conditiof^I 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. 13 Draft October 1§3, 2021  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. Acknowledgement that the HOA shall be responsible for the following; 1. Maintenance of all secondary water systems in the R-PUD. The firo lino sholl bo 2. Maintenance of grounds, plants, trees, shrubs, sod, etc. in accordance with the landscaping plan. 3. Maintenance of private streets, parking lots, ^Oewalks, playgrounds and other items described in the CC&Rs. Acknowledgement Tthat city utility billings, and any other cl^-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. Acknowledgement Tthat all applicable fees will be charged by the city in accordance with a fee schedule set by the dty council. A &description <rflt>Sjreauired security of pe^tonmance. Formatted:Left, Indent Left 025°, No bullets or Details of tll^EBveloprn the tirnditfhe and completion of required numbering open space ation ing the security of performance set bv the c»tv engineer en ietion id amenities shall also be Included. Ottier documents ^^c^ary 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, Chapter6 In-additiefvtoas well as the following. A. Water Systems 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 14 Draft October 163,2021  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 sprinkler systems. d. Each backflow protection unit shall be registered with the city and have a certified test submitted to the<^ annually prior to the start of the irrigation season. e. Each sprinkler system shall be sized in accordance with theddopted plumbing code. > - . f. Sprinkler systems thathave the option of being connected to a non-potable water supply must be CBre illoddl exoopt qo approved bv the city. 3. Storm Water Systern a. Storm water systems shall meet the requirements of the subdivision ordinance, and city and state standards. e?'Wb HOA sh^ be respoffeible for repairs and maintenance of all privately- owned storm water infrastrucha-e. 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 be servi^d 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 15 Draft October 1W,2021  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. ter valve as por tho plumbing ^ ^^ Monthly Billing for Services 1. Monthly Billing for Utilities and Other Services. a. Each dwelling unit will be billed by the city at the estaBli^ed rates. b. Any structure other than a dwelling iiftit, as well as cornrhon areas and required open space, wilt 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 d. Each will hava a >ntainer and will be billed at esta d rates mpsters e solid vS^e containers shall be provided for rea ce areas'^d will be billed at established rates. Monthty Billing W Si^hi'^dtar. Storih water fees will be based on the current " rate schedule and wM be included on the monthly utility billing to each dwelling unit or the HOA where applicable. D. Righl-of-Way (ROW):Public and Private 1. All ROWs will be designed and constructed In accordance with city specifications. 2. A R-PUD must prwlde 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 16 Draft October 1^2,2021  b. Private ROWs will be accessed from main roads (public ROWs.) c. Locations of private ROWs wlil be negotiated with the city during the development review and approval process. 10-10-9: 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, In addition to other available remedies. mav-wUI refuse to issue additional building permits and stop construction until violations or noncompliant conditions have been eliminated. 17 Draft October 163, 2021 DocuSign Envelope ID: 2E59DE5F-03CC-4A41-A438-27A689AE05D8 October 18,2021 Mayor Rasmussen and City Council RE: Changes to City Code 10-11-2:C and 10-12-2:A waterways setback We understand the Planning Commission recently voted to increase the setback from the Logan River from 30 feet to 75 feet. As property owners with Logan River frontage, we oppose in the strongest possible terms this change to the city code for the following reasons: • It is not necessary. FEMA has identified that this part of Riverdale is NOT included in the 1% annual chance flood (100 year flood) map. (flood map attached)The current 30 foot setback was sufficient during the extreme flooding of 1983. Even the River Heights General Plan states "the River Heights side of the river is higher than the Logan side and thus less susceptible to flooding." • This proposal is not fair. Only two parcels of land currently being considered for development are affected by this ordinance change. Ordinances should apply broadly and not specifically target one or two property owners. • 4 of the 5 existing homes with river frontage in the Riverdale area would be in violation of this ordinance. This proposal, if adopted, would render every such home 'non-conforming' and require 'grandfather' status. • It would impose a significant financial burden to us as property owners. We collectively own approximately 800 feet of Logan River frontage. The increased setback would eliminate several building lots at an estimated cost in today's market of nearly one-half million dollars. • This ordinance change, if approved, becomes in effect a legislative 'land grab'. It provides no compensation for our financial loss. Even eminent domain requires that landowners be fairly compensated. As such, we urgently request that you not approve this proposal to increase the waterway setback. Respectfully, Mary Lorraine Demars Trust •DocuSlgned 's'"— by: DocuSIgned by: Docusignea by: —1B5D2E81B2FE4E6... 1B5D2E81B2FE4Ee... S"'jnedby: The Ellis Family ^ bocuSigned^: ^ OocuSigned by: , DocuSigned by: 73EC96411... E74BB56BBE9540E... I (JLi^ '•—1SD005FODaA741A... 1 42571582A2ED435...  • A variety of 2-unit and 4-unit single family attached homes Example #1: • 80 units in ~12.5 acres of total space. Ridgemont Estates Density: 6.4 units/acre  Professionally designed landscaping surrounding all the homes Ridgemont Estates: Common use trails and walk paths throughout the subdivision Amenities A high level of privacy and seclusion balanced with accessibility Grassy gathering places for social interaction  Northwest famil;  Southwest Exposure Paved sidewalks to side entries, attractive rockwork, and flowerbeds V n Southeast Exposure • Another common space pond; larger | area, different home styleS; trees, and flowerbeds/ planting areas  Northeast More common space flagstone paths, subtle elevation changes, and shared private drives ••» lorthwest Exposure Northeast Exposure i§;y wS outhwest Exposure Southeast Exposure Example #2: Daybreak 55+ Community 11.4 acres 69 homes 35 homes single-family (50%) 34 homes single-family attached (50%) Density: 6 units per acre  , sKi^.,,t' .* "- , >;. ..'< i, ^.;, .■ > : ::s Daybreak 55+ Community 9-unit single-family attached All covered entries All covered balconies or porches I Daydreak 55+ Community • 3-unit single family attached • Each home has their own entry path • Old World Tudor look • Ample park strip & paths for walking  Daybreak 55+ Community Single-family detached Cute privacy half-fences Pleasant mixture of styles and colors Attractive common green space fronting homes - "  II Daybreak 55+ Community Single-family detached // Home fronts facing green space rather than road Public paths allow access through green space Each home has their own entry path }