14.31.080 Minimum Performance Standards

14.31.080 Minimum Performance Standards.

A performance development established under the provisions of this Chapter shall conform to the standards and requirements of this Section. Project plans shall be approved or denied on the basis of performance measured against development standards adopted in accordance with this Chapter.

(a) Single Ownership or Control. The area proposed for a performance development shall be in one (1) ownership or control during development to provide for full supervision and control of said development, and to insure conformance with these provisions and all conditions imposed upon the preliminary and final development plans. Mere development agreements between individuals shall not satisfy this requirement. Individual ownership, partnerships, corporations, and other legally recognized entities are acceptable.

(b) Scope of Plan. A plan for the development of a performance development shall cover the entire area proposed for development. Upon approval the development shall be strictly in accordance with the plan. Areas not proposed for development shall be designated as open space and shall conform to minimum landscaping requirements of this Chapter.

(c) Design Team. The final development plans shall be prepared by a design team composed of an architect, a landscape architect, and an engineer or land surveyor, all licensed to practice in the State of Utah.

(d) Minimum Area. The minimum land area for a performance development shall be as follows:

A1 zone	5 acres
RA zone	5 acres
R1 zone	2 acres
R2 zone	2 acres

(e) Hazardous Conditions. If located in “sensitive lands,” “high water table,” and/or “floodplain,” the project must comply with all provisions of the Sensitive Lands, Critical Hillside, and/or Floodplain sections of the Provo City Code.

(f) Setbacks. Garages with entrances facing directly on private or public streets, whether in a front or side yard, shall be set back at least twenty (20) feet from the property line, or shall be located within five (5) feet of said property line.

(g) Fence Height. If fencing is proposed adjacent to a public or private street, the maximum fence height shall be three (3) feet for fences located in the required front yard and side yard setback facing a street as determined in the underlying zone. Fence heights located outside of these setbacks shall be limited to a maximum height of six (6) feet. The Planning Commission may vary the height or location if it determines the proposed fence design, materials, and location will not create a safety hazard due to obstructed vision of approaching vehicles or pedestrians and will:

(i) Not isolate surrounding neighborhoods;

(ii) Be consistent with the theme of the development; and

(iii) Be compatible with the neighborhood.

If fencing isolates property between the fence and the public street, the development shall provide means to ensure continued maintenance of this area. Refer to Figure 14.31.080(a) at the end of this Chapter.

(h) Natural Features. Developments shall be designed to preserve and incorporate the natural features of the land into the development. Natural features include drainage swales, wetlands, rock outcroppings, streams, and concentrated native stands of large shrubs or trees.

(i) Utilities. All utilities shall be placed underground, including telephone, electrical, and television cables. Dwelling units under separate ownership shall have separate utility metering, unless otherwise approved by the Energy and Water Departments.

(j) Phasing. If the project is to be done in phases, no remnant parcels shall be created. Any land not proposed for development shall be designated as open space.

(k) Air Quality. The use of coal or wood burning furnaces, fireplaces or other heating devices which burn coal are prohibited unless especially equipped with devices proven to minimize air pollution.

(l) Water Conservation. Low volume irrigation systems with automatic controllers shall be used. Such an irrigation system includes, but is not limited to, low volume sprinkler heads, drip emitters, and bubbler emitters. A minimum of PVC schedule 40 or equivalent shall be used for main lines and under driveway areas, and a minimum of PVC schedule 200 or equivalent shall be used for lateral lines.

(a) Land Use Conflicts. Land use conflicts that may exist between the proposed performance development and surrounding land uses shall be examined as provided in Section 14.31.140.

(b) Curb Appeal. The front of the units developed on the periphery of the project shall front onto the public streets. When units abut two (2) parallel streets, the fronts of the units shall face the public street bordering the PD. Units which are on corners may front either street. The Planning Commission may waive this provision due to unusual topographic features or unusual conditions provided such waiver does not negatively impact the continuity of the existing street scape.

(c) Height. The maximum height of buildings within the performance development shall be the same as that permitted in the underlying zone with which the PD Zone is combined. Height requirements of the adjacent zone (if more restrictive) shall apply on the periphery of the project.

(d) Garages. Required off-street parking (excluding visitor and RV parking) shall be provided as required in the underlying zone and in enclosed garages or carports that are architecturally compatible with the main structures as set forth in Section 14.34.310, Provo City Code. Carports may only be approved in those cases where the applicant demonstrates, to the satisfaction of the Commission, that carports are used predominantly in the surrounding neighborhood, and that the proposed development would still provide a more pleasant and attractive living environment than would be obtained under the conventional residential subdivision standards. When garages are provided for parking purposes within any zone, the size of garage shall be consistent with the requirements set forth in Section 14.37.100, Provo City Code.

(e) Refuse Bins. Refuse bins shall be stored in screened enclosures which are architecturally compatible in style and materials with the character of the development. Bins shall be located so they are not visible from outside circulation routes, and so they do not restrict vehicular movement or parking.

(f) Glare Reduction. Exterior lighting shall be designed such that the light source will be sufficiently obscured to prevent excessive glare into any residential area.

(a) Entry Statement. Entrance designs to the development are required. The minimum entrance design to the development shall consist of a monument sign naming the development surrounded by a variety of ground cover, shrubs, and trees.

(b) Visual Relief. Attached dwelling units shall have visual relief in facade and roof line which adds variety and rhythm to the design and avoids monotonous straight lines. Refer to Figure 14.31.080(b) at the end of this Chapter.

(c) Unified Design. Unifying architectural and landscaping design elements shall be carried throughout the project. Therefore, detailed landscaping plans shall be submitted, along with building elevation views and floor plans. In the case of PD subdivisions, design guidelines or covenants may be substituted for building plans and individual lot landscaping plans.

(4) Open Space. At least ten percent (10%) of the total gross acreage in a PD must be devoted to open green space as defined in Section 14.31.020, Provo City Code. Such space must be consolidated and may not count required yards and building setbacks.

(a) Each phase of development shall provide its proportionate required open green space needed for that phase.

(b) Hardscape. Such open green spaces may include walkways, patios, recreational activity areas, picnic pavilions, gazebos, and water features so long as such surfaces do not exceed fifteen percent (15%) of the required open green space.

(c) Common Activity Areas. At a minimum, open green space shall include either a playground with play equipment or pathways with benches and tables through a natural or planted landscaped area.

(i) Subdivided, one-family lots shall provide developed common activity area at a ratio of one thousand (1,000) square feet per lot.

(d) Saving Existing Trees. Developments shall be designed to incorporate existing large trees, clusters of trees or clusters of large shrubs. The Planning Commission, or a designated subcommittee, shall review the appropriateness of removal of portions of these types of vegetation if proposed in the development plan. The Commission may approve removal of some or all vegetation based on a determination of the benefits of the existing plant material and the efforts made to save and incorporate the existing plant material into the design of the project versus the problems the plant materials may create for the project in terms of general construction techniques, impact removal will have to the character of the area, the topography of the site, and harmful conditions the vegetation may create.

(i) As one of the purposes of a PD is to protect natural features, the Planning Commission may deny approval of a PD if it is determined there has been removal of trees or shrubs prior to submittal.

(e) Landscaping Per Unit. A minimum of three (3), one and one-half (1 1/2) inch caliper deciduous trees or four (4) foot tall evergreen trees, and four (4) shrubs shall be planted for each lot in a PD subdivision, as well as building foundation planting of appropriate shrubs, flowers, or ground covers. Landscaping in the park strip in the street right-of-way shall have a unified design theme in PD subdivisions. Multiple family PDs shall provide a minimum of one (1) deciduous or evergreen tree per two (2) units, and two (2) shrubs per unit. The intent is to have a variety of plant materials to give color and texture; to direct traffic; to frame views; and to screen undesirable views.

(i) The placement and types of deciduous trees shall take into consideration use of the trees for summer cooling and winter solar access. Evergreen trees should be used as wind breaks, screening, and accent plantings.

(f) Water Conservation. The majority of new plant material used for landscaping the development should be water conserving plants. The landscaping design shall locate plant materials in similar water usage demand zones to ensure proper irrigation coverage and reduce wasteful irrigation coverage and reduce wasteful watering.

(i) The use of turf grass shall be limited to areas of high foot traffic, play areas, and other appropriate areas as determined by the Planning Commission. All other areas which are normally planted with lawn, shall be planted with ground covers, shrubs, or trees.

(ii) Drip irrigation systems shall be designed and installed to irrigate all shrub and tree areas as needed.

(5) Streets. The type and arrangement of roadways peripheral to and abutting any development shall be in compliance with the Master Street Plan, the Official Map, and any Local Policy Street Maps for the area of the development. Projects which are located on or next to a collector or arterial street shall be designed and developed so the public street continues through the project in a logical, safe design. Projects which are located at the end of stubbed local public streets may be required to extend the street through the development based on the proposed circulation needs of the area as determined by the Planning Commission. The Planning Commission, upon recommendation of the Planning and Engineering Staff, shall determine if the street should be extended as a through street or as a cul-de-sac during the concept or preliminary approval.

(a) Public Streets. All dedicated public streets shall be constructed to City standards including width, as outlined in Section 15.03.200, Provo City Code.

(b) Private Streets. All streets shall be constructed to City standards including width, as set forth in Section 15.03.200, Provo City Code. The standards for local residential streets are identical for public and private streets. Refer to Figure 15.03.200 in Title 15.