Members of the Farr West Planning Commission spent the meeting refining draft Planned Development (PD) overlay language, agreeing that planned developments must retain “not less than 15% of the total acreage” as permanent open space and deciding to remove condominium-specific language from the ordinance.

The commission discussed why the draft specifies that required open space is calculated from total acreage and should not include streets or required setbacks. One commissioner summarized the provision as: “If we do a 10-acre development… the developer has to reserve 1.5 acres for open space,” and that the reserved acreage cannot be satisfied by counting streets or required setbacks.

The commission also directed staff to remove a block of redlined text that applies to developments created under the Condominium Ownership Act of Utah, with several members saying condominium provisions should be handled through development agreements in mixed-use zones rather than included in the PD overlay.

Why it matters: The PD overlay is the tool the city is using to allow flexibility in density and design—including measures intended to facilitate moderate-income housing—while protecting open space and setting performance and maintenance requirements for new developments.

Details and supporting items

- Open space: Commissioners affirmed retaining the draft phrasing requiring not less than 15% of total acreage be permanently retained as open space; they emphasized that required roads and setbacks should not be counted toward that percentage.

- Guarantees and covenants: The draft lists acceptable mechanisms to secure permanent open space—recorded protective covenants, creation of a homeowners’ association or corporation with beneficial rights to owners, or dedication to the city. The commission agreed developers should either provide for city acceptance and annexation or establish a private association to maintain the open space, and that maintenance entities should have demonstrated property-management experience.

- Maintenance standard language: Commissioners revised the maintenance phrasing to read that maintenance should be “accomplished efficiently and at a high quality standard,” after debating whether the prior language was too vague.

- Bonding and financial security: The draft requires a performance bond or escrow approved by the city engineer equal to a percentage of the estimated cost of required improvements. The group discussed percentages ranging from 100% to 125%; several members supported a 125% figure (to cover inflation and completion risk) but agreed to leave the exact percentage to the city engineer’s estimate and to allow cash bond or escrow (rather than letters of credit) as the preferred mechanisms after staff check with engineering. One commissioner said the engineer typically provides an estimate and the bond is calculated from the remaining work and that “we’ll leave it to the engineer’s estimate.”

- Letters of credit: Commissioners expressed concern about relying on letters of credit, noting collection problems in the past. They directed staff to prefer cash bonds or escrow accounts and remove or limit permissive language that would allow letters of credit, arguing cashier’s checks or escrow are easier for the city to collect on if improvements are not completed.

- Amendments and petition thresholds: The commission discussed how subsequent amendments to a PD plan should proceed. The draft requires petition of a two-thirds supermajority of the property owners within the development to request changes; commissioners debated raising the threshold (three-quarters or other supermajority) but concluded two-thirds is an appropriate supermajority. They also agreed amendments should be routed through the planning commission for recommendation before city council action; staff will clarify the sequencing in the draft language.

- Purpose and objectives: Commissioners asked staff to add language tying PD overlay rezonings and density allowances to the city’s General Plan (chapter reference) so that future changes remain tied to the plan’s housing strategies—specifically the overlay’s stated objective to facilitate production of moderate-income housing through density allowances and lot-size adjustments.

Next steps and process

Commissioners instructed staff to revise the draft PD overlay consistent with the group’s direction (open-space phrasing, removal of condominium-specific provisions, maintenance wording, bonding language that avoids letters of credit, and clearer amendment routing). Staff were directed to send the revised draft to Liam (staff/legal review) and, after his review, circulate it to commissioners and schedule a joint work session with the city council in January. The commission also agreed to hold a public hearing before taking final action and to coordinate scheduling with the council’s agenda.

Quotes

“I think when all the dust settles, we want to see 15% open space,” a commissioner said during the discussion about how to calculate the required open space.

“We don’t have to encourage an HOA, but it’s available there if they want it,” a commissioner said when discussing maintenance options.

“We don’t even put [letters of credit] as an option… that just invites problems,” a commissioner said when the group debated acceptable financial security instruments.

Ending

Staff will rework the draft language and circulate it for review; the commission expects to present the revised PD overlay in a joint work session with the city council before scheduling the mandatory public hearing and subsequent council action.