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(1) Density in a subdivision shall be determined using the developable land of the proposed development set forth in 15.03.070. Density shall be computed using net rather than gross acreage.

(2) A lot yield drawing shall be submitted indicating the number of lots could be created on developable land by conforming to conventional subdivision requirements and using the underlying zone as the basis for calculating density. The number of conventional subdivision lots that could be created in conformance with the requirements of the underlying zone shall establish the base density for an open space subdivision. Such density may be increased subject to receiving a density bonus and approval from the Planning Commission as provided in this Section.

(3) For every one percent (1%) increase in open space, base density may be increased by one percent (1%) as long as each lot conforms to minimum lot size requirements as shown on the tables below. For every one percent (1%) decrease in open space, base density shall be decreased by one percent (1%). In the event an open space impact fee is established, such fee may be paid in lieu of decreasing density.

(4) Minimum open space and lot yield in an open space subdivision shall be determined as shown on the tables below.

(a) A1.1 zone (base density = 1 d.u./43,560 sq. ft.)

Minimum Open Space

Lot Yield

Lot Size Min.

50 percent (base)

10.0

8,000

55 percent

10.5

60 percent

11.0

65 percent

11.5

70 percent

12.0

75 percent

12.5

(b) RA and R1.20 zones (base density = 1 d.u./21,780 sq. ft. or 1 d.u./ 20,000 sq. ft.)

Minimum Open Space

Lot Yield

Lot Size Min.

35 percent (base)

20

6,000

40 percent

21

45 percent

22

50 percent

23

(c) R1.10 zone (base density = 1 d.u. / 10,000 sq. ft)

Minimum Open Space

Lot Yield

Lot Size Min.

25 percent (base)

43.5

5,000

30 percent

45.6

35 percent

47.8

(d) In the R1.8 zone: (base density = 1 d.u./ 8,000 sq. ft)

Minimum Open Space

Lot Yield

Lot Size Min.

20 percent (base)

54

5,000

25 percent

56.7

(5) A density bonus may be allowed by the Planning Commission when one (1) of the following public benefits is provided:

(a) A density bonus for the dedication and improvement of land for public use (including active and passive recreation areas, municipal buildings, parks, trails, etc.) may be granted at the rate of a maximum of three (3) dwelling units per acre of conservation land dedicated for public use. Any proposed park shall be approved by the Parks and Recreation Board and shall comply with the Parks Department Master Plan. Dedicated conservation land shall conform to General Plan policies, particularly those sections dealing with active recreational facilities and passive trail networks, as determined by the Planning Commission.

(b) A density bonus may be granted if a fund is created to generate additional income for the sole purpose of off-setting the continuing cost of maintaining the conservation land (such as mowing meadows, weeding, paying insurance premiums and local taxes), including costs associated with active or passive recreation facilities. Spending from this fund shall be restricted to expenditure of interest so that principal may be preserved. Assuming an annual average interest rate of five percent (5%), the amount designated for an endowment fund shall be at least twenty (20) times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm or organization acceptable to the Planning Commission, with experience in managing conservation land and recreational facilities. The fund shall be transferred by the developer to the entity having ownership and maintenance responsibilities of the open space (such as a homeowner’s association, a land trust, or the City) prior to occupancy. Not more than half of the bonus density awarded to a particular development may come from this category.

(c) A density increase is permitted where the open space subdivision proposal provides on site housing opportunities for low or moderate income families. The affordable housing shall be intermixed throughout the project and shall be proportional to the overall project or for each phase. For each affordable housing unit provided under this Subsection, one (1) additional building lot, dwelling unit or accessory dwelling unit shall be permitted up to a maximum of fifteen percent (15%) increase in dwelling units above the base density. For the purpose of this Subsection, affordable housing means units offered for sale at prices available to families earning seventy percent (70%) to one hundred twenty percent (120%) of the county median income, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development. If accessory housing units are provided, they shall be conform to the requirements of Title 14.

(6) A density of bonus of two and one half percent (2 1/2%) above base density may be granted to a project for each of the amenities set forth in this Subsection as determined by the Planning Commission. The total density bonus resulting from such amenities and any density bonus granted under Section 15.04.050(5) shall not exceed twenty five percent (25%) over base density.

(a) At least seventy-five percent (75%) of the dwellings are designed with an active or passive solar feature. Qualified solar features include solar water heaters, trombe walls, earth insulation of a majority of building walls, building design having south facing main exposures and solar access windows. Similar solar features may be approved by the Planning Commission.

(b) Special features such as fountains, streams, ponds, sculptures, lighting, buildings or other elements that establish a strong design theme for the subdivision and are utilized in highly visible locations. Such features shall be first reviewed and approved by the Design Review Committee.

(c) An active recreational amenity primarily for the use of the residents of the subdivision. Amenities may include swimming pools, sports courts, spas, barbecue and picnic facilities, or other similar features approved by the Planning Commission. The Planning Commission shall determine the amount of the bonus based on the cost of the amenity, its benefit to the residents of the subdivision, its size, and the number of amenities in the subdivision.

(d) The provision of day care within the subdivision accessible to all residences therein.

(e) Landscaping installed for all residential lots including front yards and all open space. The minimum requirements for such landscaping shall be as follows:

(i) Each dwelling unit shall have a minimum of three (3), one and one-half (1 1/2) inch caliper, deciduous trees or four (4) foot tall evergreen trees, four (4) shrubs, and building foundation planting of appropriate shrubs, flowers, or ground-cover. All shrubs shall be a minimum size of five (5) gallons.

(ii) Landscaping in the park strip in the street right-of-way shall have a unified design theme. Berming is encouraged to separate and screen residential areas from arterial and collector streets. All landscaping installed within a park strip shall be installed in accordance with Chapter 15.20, Provo City Code.

(iii) Landscaping shall include a variety of plant materials to give color and texture; to direct traffic; to frame views; and to screen undesirable views. 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 planting.

(7) In order to achieve the bonus density allowed by this Section and promote affordable housing, flexibility in housing styles shall be permitted. While dwelling units allowed as part of the base density shall comply with the provisions of the underlying zoning district, any of the dwelling units to be constructed as a result of a density bonus may be attached units (such as twin homes, condominium units, zero lot line units, patio homes, etc.) or accessory living spaces. The number of attached units in a structure shall not exceed four (4). No attached units shall be constructed above or below other dwelling units, except that accessory living spaces, meeting the standards of Chapter 14.30, Provo City Code, may be located above or below a main dwelling unit or above a garage.

(Rep&ReEn 1999-34, Am 2019-45)