Ordinance 23-17, Residential Multi-Family Zoning Overlay: ORDINANCE NO. 23-17   AN ORDINANCE OF FILLMORE CITY, UTAH, ENACTING FILLMORE CITY MUNICIPAL CODE TITLE 10, CHAPTER 7, ARTICLE D, RESIDENTIAL MULTI-FAMILY ZONING OVERLAY.   The City Council of the City of Fillmore, Utah, (referred to herein as the “City Council”), states the following as the basis for enacting this ordinance:   RECITALS   Fillmore City previously adopted a land use ordinance, pursuant to law, which is set forth in Chapter 10 of the Fillmore City Municipal Code.   Fillmore City may enact and amend ordinances, resolutions, and rules regarding land use for the purposes outlined in Utah Code Ann. § 10-9a-102.   On July 19, 2022, Fillmore City considered proposals for professional services to update Fillmore City’s zoning ordinance, subdivision ordinance and annexation policy plan, and ultimately approved Sunrise Engineering’s Proposal dated May 26, 2022.   A primary purpose in considering proposals for professional services to update Fillmore City’s zoning ordinance was to provide for consideration of different types of housing, including town homes.   As part of that proposal, Sunrise Engineering prepared a chapter to be considered for inclusion in Title 10 of the Fillmore City Municipal Code, regarding a residential multi-family zoning overlay.   On November 8, 2023, the Fillmore City Planning Commission (referred to herein as the “Planning Commission”) held a public hearing to receive public comment regarding such enactment regarding a residential multi-family overlay, after publishing notice as required by law, and there allowed the opportunity for public comments related to the proposed enactment.   After considering the matter, the Planning Commission found the enactment to be appropriate and found that it was in the public interest to recommend the adoption to the City Council.   The City Council has now considered the matter and received public comment, after publishing notice as required by law, and has determined that the Planning Commission recommendation is appropriate and the changes should be adopted as such changes further the health, safety and welfare of Fillmore City.   NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fillmore, Utah:   SECTION 1:  Adoption of Recitals.  The Recitals set forth above are hereby adopted and incorporated into this ordinance by reference.   SECTION 2:  Enactment of Title 10, Chapter 7, Article D of the Fillmore City Municipal Code, Residential Multi-Family Overlay. The Fillmore City Municipal Code hereby enacts Title 10, Chapter 7, Article D, Residential Multi-Family Overlay, attached and incorporated herein.   SECTION 3:  Continuing Effect of Fillmore City Municipal Code.  Except as specifically amended or enacted hereby, all terms, provisions and conditions set forth in Title 10 of the Fillmore City Municipal Code shall remain and continue in full force and effect.   SECTION 4:  Effective Date.  This ordinance shall become effective upon publication.   SECTION 5:  Publication.  This ordinance or a summary thereof is ordered published in the Millard County Chronicle-Progress, a newspaper having general circulation within the City of Fillmore, Utah.   SECTION 6:  Severability.  If any provision of this ordinance less than the entire ordinance is held invalid by a court of competent jurisdiction, this ordinance shall be deemed severable, and such finding of invalidity shall not affect the remaining portions of this ordinance.   SECTION 7:  Conflicting Ordinances.  To the extent that any ordinances, resolutions, or policies of Fillmore City conflict with the provisions of this ordinance, they are hereby amended to be in accordance with the provisions hereof.   PASSED AND ADOPTED this _____ day of _______________, 2023.   CITY OF FILLMORE, UTAH:   By:  ____________________________ MICHAEL D. HOLT, Mayor Attest: _____________________________ KEVIN ORTON, City Recorder   VOTING:   Dennis Alldredge      ___Yea           ___Nay           ___Absent     ___Abstain    Curt Hare                   ___Yea           ___Nay           ___Absent     ___Abstain Eric Jenson                 ___Yea           ___Nay           ___Absent     ___Abstain Kyle Monroe              ___Yea           ___Nay           ___Absent     ___Abstain Michael Winget          ___Yea           ___Nay           ___Absent     ___Abstain CHAPTER 7. RESIDENTIAL DISTRICT ARTICLE D. RESIDENTIAL MULTI-FAMILY OVERLAY SECTION: 10-7D-1: Purpose 10-7D-2: Permitted and Accessory Uses 10-7D-3: Development Standards 10-7D-4: Performance Standards 10-7D-5: Parking 10-7D-6: Approval Process 10-7D-7: Other Requirements 10-7D-1 PURPOSE The Residential Multi-Family (RMF) Overlay is established to provide areas within the City for high-density housing and multi-family structures designed to allow economical use of land while creating an attractive, functional, and safe residential environment. The RMF Zone is intended to be primarily residential in nature. Applying the RMF Overlay should be carefully reviewed to ensure compatibility with existing development and neighborhoods and the land use goals of the City. 10-7D-2 PERMITTED AND ACCESSORY USES The following land use types are permitted uses in the RMF Overlay. Unless specifically listed, any other use is not permitted. Uses listed as conditional or accessory uses are allowed in the zone only in accordance with the criteria established in this ordinance. Permitted Uses: The following land use types are permitted uses in the RMF Overlay: Single-family dwellings Multi-family structures and dwellings Public or private utility rights-of-way Parks, trails, open space areas, and other related recreation facilities and project amenities Religious buildings and structures Educational facilities unless otherwise addressed in Utah Code Public and private utility maintenance facilities Accessory Uses: The following land use types are allowed as accessory uses in the RMF Overlay. Any accessory use must be clearly incidental to a permitted or conditional use of the property. Accessory uses are not allowed without the approval of a permitted or conditional use of the parcel unless otherwise noted in this Section. Storage facilities for equipment that is associated with maintenance of the site. The accessory building shall be constructed of essentially the same materials as the main residential buildings or structures. Incidental shelter for pets. Home occupations, pursuant to Fillmore City Code. Accessory Dwelling Units, in a single family detached dwelling, pursuant to Fillmore City Code. 10-7D-3 DEVELOPMENT STANDARDS Project Area: This overlay is designed to accommodate larger multi-family projects, such as townhomes and apartment complexes, or communities with a mix of housing types. Therefore, any parcel seeking application of the RMF Overlay shall contain no less than five (5) acres. Density: The RMF Overlay accommodates a variety of densities for multi-family dwellings. In granting overlay approval, the City Council shall designate the maximum density permitted, at a density of either 10 or 15 residential units per acre. This density is calculated as the net density rounded to the nearest whole number for the area dedicated to multi-family dwellings. This shall be designated on the Overlay approval as RMF-10, RMF-15, respectively. In making a determination for the maximum density, the Council shall consider the following: The design standards of the proposed project The nature of the surrounding neighborhood and potential impact on the neighborhood Steps taken by the development to reduce any negative impact on the surrounding neighborhood, such as, but not limited to, onsite parking, new streets and other vehicular access, open space, pedestrian and/or bike trails, and landscaping. Other desired uses, such as religious buildings, parks and open space, education facilities, and maintenance facilities, shall be reviewed as part of the overlay application and shall present a lot area, design, traffic circulation, parking, and other design elements that are to the satisfaction of the City Council. These uses shall only be permitted within the overlay when they are part of a much larger project and are there to support housing within the overlay. Width: Each project in the RMF Overlay shall have a minimum width and frontage of one hundred and twenty (120) feet for all of the area within the required front setback of the zone. Projects with more than four (4) units shall have more than this amount, however the exact amount of frontage on a public street will be determined by City Council based on the configuration of the project. Single-Family Detached Dwellings: If the RMF Overlay is used to accommodate single-family dwellings, each lot for a single-family dwelling shall have a minimum lot width and frontage of seventy-five (75) feet and lot area of 7,500 square feet. Flag lots shall not be permitted. Setback: When a proposed project in the RMF Overlay is adjacent to a non-multi-family dwelling outside the RMF Overlay, the setback requirements of the adjacent residential zone shall be implemented along the perimeter of the development. Otherwise, the following minimum setback and build-to-line requirements shall apply for each building or structure and is measured from the respective property line of the lot or parcel: Front Setback: Twenty- five (25) feet Side Setback: Eight (8), unless otherwise noted herein. Side Setback For Corner Lot: Eight (8) along the public street on the side of the lot not being used as the front setback. Side Setback For Accessory Building: Three (3) feet Rear Setback: Twenty (20) feet Rear setback for accessory building: Three (3) feet The land use authority may impose a build-to-line that represents the distance from the property line that a structure will be constructed. The build-to-line may be imposed on any side of the structure. Reasons to impost a build-to-line may include: reducing parking adjacent to the street, aesthetic improvements, and enhanced circulation. Projections Into Setbacks: The following structures may project into a required setback, but not beyond the property line, except as noted herein: Fences and walls in conformance with all applicable City ordinances and resolutions. Landscaping and irrigation systems that shall be extended to the sidewalk or back of the curb. Necessary appurtenances for utility service. Cornices, eaves, sills, buttresses, awnings, planter boxes, or other similar architectural features may project up to four (4) feet into any required front or rear setback or up to two (2) feet into a side setback. Building Height: Each structure shall satisfy the regulations of the adopted fire code. The Fire Chief may reduce the maximum building height and/or roof slope to ensure the ability to protect the structure on a case-by-case basis, as necessary based on the abilities of the local Fire Department. The maximum height for single family and multi-family residential unit are as follows: Two (2) stories and thirty-five (35) feet total height An accessory structure may not exceed eighteen (18) feet in total height. Distance Between Buildings: The minimum distance between buildings is determined by building height, and shall be whichever is greater, as follows: Any two-story building, except for attached multi-family units: Sixteen (16) feet. Accessory building and any residential building: ten (10) feet. Lot Coverage: The sum total of all buildings and structures shall not be greater than forty (40) percent of the total area. Open Space: Each project shall contain at least thirty (30) percent permanently maintained outdoor open space exclusive of buildings (except a clubhouse, gazebo, or other usable amenities, as agreed at the time of the overlay approval), parking, and roadways. That thirty (30) percent shall be broken down as follows: Twenty-five (25) percent minimum: Sited and designed as usable open space for the residents of the project. At least approximately half of this, or twelve (12) percent shall be a non-impervious surface. Five (5) percent maximum: Landscaped areas between the structures. These are areas where the actual distance between the buildings is within ten (10) feet of the minimum required distance between those buildings. Stormwater Facilities: The acreage set aside for stormwater facilities shall not be used toward the open space requirement unless the City Council has determined that the area is designed as functional usable open space. The presumption shall be that storm drainage areas are not suitable as usable open space due to their purpose of retaining water runoff. The City Council is not obliged to grant this waiver but may consider proposals where ample steps have been taken to make the ground usable. The Council shall, at a minimum, consider the following: The location, size, design, access, and usability of the stormwater facility, That the facility is placed in a centralized location within the project or reasonably connected to other project amenities, The slope of the basin is no steeper than 5:1, The size of the basin and adjacent landscaped area is no more than ten (10) percent of the required open space requirement, The landscaping treatments are suitable for use by the residents of the project and include amenities as deemed appropriate, Landscaping: All open areas not covered by residential buildings or structures, parking, or permitted accessory structures shall be attractively landscaped and maintained. Each project shall include a landscaping plan, prepared by a licensed landscape architect or other qualified landscape professional, for review and approval. At a minimum, the landscaping plan shall include the following: General landscape principles: Visual variety and interest to site and buildings, Landscape features that highlight primary entry to a building and complex, for both vehicular and pedestrian access, Placement of shade trees over gathering areas and near buildings, Landscape screening of parking areas and undesirable views, Use of landscaping to provide a visual and noise buffer and shelter from wind. Incorporation of layered landscaping and a mix of deciduous and evergreen trees. As a guideline, the landscaping plan will need to indicate one (1) tree for every two (2) dwelling units, with the trees being a mixture of coniferous evergreen and deciduous trees. The coniferous trees shall be at least eight (8) feet in height and the deciduous trees shall be at least two (2) inches in caliper. Shrubs and other plantings shall be included in the landscaping plan. Landscaped areas shall contain grass or other acceptable ground cover. Xeriscaping with native and water-wise vegetation is encouraged and the City may prohibit any vegetation that is deemed to be invasive. All landscaped areas shall be irrigated by an underground automatic sprinkling system. Plant materials shall be selected and located to avoid conflicts with underground or above-ground utilities. Fencing Standards: Multi-family projects shall be fenced on at least three sides by a six (6) foot sight-obscuring fence unless it can be demonstrated that the fence is unnecessary to make the proposed project compatible with the surrounding area. All fencing in multi-family projects shall have decorative features and shall be constructed primarily of masonry materials. The use of chain link, vinyl, and wood products will be limited to internal areas that are not visible from the exterior of the project and located in low-traffic areas. The Council may require certain areas to be free of fencing or have reduced fence height to increase visibility and connectivity to the surrounding neighborhood. Lighting: Safety and security in the project and its immediate surroundings shall be enhanced through lighting design. A photometric plan shall be included showing how the project will meet the lighting standards. Lighting fixtures shall: Be compatible with the architectural style, materials, color, and scale of the project. Be located to avoid light spillage and glare on adjacent properties and in private spaces. Include full cutoff light fixture that shield light away from bedroom windows, adjacent properties, and the sky. Have a maximum correlated color temperature of 3,000 K (Kelvins). Be mounted no higher than sixteen (16) feet. Not be visible from the property line or beyond. Have a maximum lumens amount of 2,500 lumens per light with a maximum of 100,000 lumens per net acre. 10-7D-4: PERFORMANCE STANDARDS Amenities: Each development approved in the RMF Overlay shall include amenities for the residents of the project and shall include a plan for the amenities to be properly maintained. Because each project is different in nature, the amenities may vary but shall be tailored to accommodate the expected demographic of the residents. As a general rule, active recreation areas will include amenities such as sports courts (designed for basketball, pickleball, tennis, skate park, or another sport), horseshoe pits, swimming pools, volleyball courts, putting greens, splash pads, playgrounds, and clubhouses, etc. Passive recreation areas, which include open lawn space, community gardens, or dog parks are required for all projects. Any sports court shall meet an industry minimum standard for usability for the intended use. The minimum amount of amenities in addition to passive recreation areas that are required is determined by the proposed number of units in the development, as follows: Fewer than fifty (50) units: Picnic areas with tables and barbecue areas, and An active recreation area. Fifty-one (51) to seventy-five (75) units: A picnic area with tables and barbecue area with a shade structure, A sports court with at least one thousand (1,000) square feet, An active recreation area, or an additional one thousand (1,000) square feet of sports court. Seventy-six (76) to one hundred (100) units: Two (2) picnic areas with tables and barbecue areas with shade structures, A sports court with at least one thousand (1,000) square feet, An active recreation area, or an additional one thousand (1,000) square feet of sports court, A clubhouse used for gatherings of residents not less than one thousand (1000) square feet in size complete with restrooms. The clubhouse may be substituted for an outside social function area, no less than two thousand (2000) square feet in size, with approval by the City Council. One hundred (100) or more units: Two (2) picnic areas with tables and barbecue areas with shade structures, A sports court with at least one thousand (1,000) square feet, Two (2) active recreation areas with amenities appropriate for the targeted population, one of these areas could be an additional one thousand (1,000) square feet of sports court, A clubhouse used for gatherings of residents not less than two thousand (2,000) square feet in size complete with restrooms and indoor amenities and services. The City Council will be the final authority in determining if the amenity package is appropriate for the project size, location, and target population. The type and quality of amenities will be taken into consideration in determining an acceptable amenity package and whether to grant the application of the Overlay. Design Standards: Building design should enhance the appearance of the buildings from streets and other public viewpoints. All sides of structures shall receive equal design consideration, particularly where they may be readily viewed by pedestrians and motorists, or from adjacent properties. Exterior Materials: All buildings shall include brick, stucco, stone, or other decorative masonry products, including fiber-cement siding, as approved by the City Council upon recommendation by the Planning Commission. At least two different building materials shall be used on all sides of the building with at least forty (40) percent of the vertical surface containing brick or stone. Garage doors, windows, and doors are not included in the vertical surface calculation. Vinyl and wood siding are not permitted; however, shake shingles may be permitted as an accent material as approved. The types of material will be complementary to the architectural design and heavier materials used lower on the building elevation to form the building base. Colors: Varied building colors are essential to a quality project. The use of different colors and materials helps to break up the massing of the building. A minimum of two colors per elevation, plus trim and roof color shall be provided. Contrasting but complementary colors should be used for trim, windows, doors, and ornamental features. Wall Plane: There shall be a variation in wall plane on all facades visible from a public street or public view. It is expected that the highest level of articulation will occur on the front façade. However, some architectural detailing should be incorporated into all building elevations, as well as courtyards, play areas, and similar common areas. Architectural Design: Architectural elements, such as balconies, porches, overhangs, trellises, projections, awnings, insets, materials, and textures shall be used to create shadow patterns that contribute to a building’s character and visual interest. Deep roof overhangs are encouraged to create shadows and add depth to façades, also helping to shade openings and windows. Massing: Tall or large structures should emphasize horizontal planes through the use of trim, awnings, eaves, or a combination of complementary colors. The upper story of a multi-story building shall be stepped to reduce the scale of façades facing streets or courtyards unless the building height contributes to the sense of place. Roofing Design: Roof forms typical of residential buildings such as gable or hip roofs are encouraged. For row-type townhouses, each unit shall be varied in height and setback. Development Entrance Features: Pedestrian and vehicular pavement designs shall include material and/or color changes at entrances, walkways, crosswalks, and other significant areas. If an applicant can clearly demonstrate that one or more unique conditions affecting the land make the literal application of one or more of the design standards impracticable or unduly burdensome, the City Council may modify the standard as may be reasonable. The modification shall not be contrary to the general intent and purposes of this Chapter and the health, safety, general welfare, and aesthetics of the neighborhood. The City Council is not obligated to grant any modification and the site may ultimately not be suitable for application of this overlay. If the applicant and staff disagree on the architectural design, types of amenities, or determining adequate amenities for the proposed project, the City Council shall render the decision. 10-7D-5: PARKING Each project in the RMF Overlay shall provide adequate vehicular access to the site, internal circulation, and parking. Furthermore, pedestrian connections and networks shall be integrated into the site and connect to adjoining public facilities, including sidewalks. Each applicant shall demonstrate the following: Minimum Parking: Projects shall provide at least the minimum parking of 2.5 parking stalls per residential unit. Any other use, such as religious or education facilities, shall be consistent with the Fillmore City Municipal Code Chapter 14 Parking Ordinance. Parking Location: Parking shall only be interior to the project and generally hidden from the public street, with the primary structures along the outside edges of the projects, unless the City determines that interior parking is impractical or undesirable due to unique characteristics of the site and/or connection to surrounding properties. A build-to-line may be imposed to accomplish this design feature. Circulation: Site circulation shall allow for and facilitate emergency access to the site and all buildings. Covered Parking: Garages shall be designed consistent with the roof pitch, materials, colors, and architectural features of the primary structures. Bicycle Parking and Pedestrian Walkways: Pedestrian circulation walkways and bicycle racks are required in multi-family projects. These facilities shall be located in highly visible and convenient areas. Bicycle parking shall be provided at the ratio of 0.5 bicycle spaces per unit. 10-7D-6: APPROVAL PROCESS Any request for the RMF Overlay shall include Preliminary Project Plan review and approval. Approval is subject to any and all applicable City resolutions and ordinances and the Fillmore City General Plan. Each applicant shall first submit a Concept Plan of the proposed development. Following review of the Concept Plan and after receiving staff comments, the applicant may prepare a Preliminary Development Plan. The Preliminary Development Plan shall include project layout, design elements, architectural elevations, lot and road specifications, and all other information necessary to allow staff to review, and Planning Commission and City Council to make an informed decision. Any approved plans and specifications shall be binding and material modifications shall be treated as a new request and require new approvals. Following review by staff, the Planning Commission will hold a public hearing to receive input about application of the Overlay based on the Concept Plan and Preliminary Development Plan. Notice of the public hearing will be in accordance with Fillmore City Code. Following a public hearing, the Planning Commission will forward to the City Council a recommendation to approve, approve with conditions, or deny application of the RMF Zone based on, and tied to, the Preliminary Development Plan. This review and approval is a legislative decision. After receiving a recommendation from the Planning Commission, the City Council may approve, amend and approve, approve with conditions, remand the proposed development back to the Planning Commission for further review, or deny the application for the RMF Overlay based on, and tied to, the Preliminary Development Plan approval. Following approval of the Overlay and Preliminary Development Plan by the City Council, the applicant may prepare the Preliminary and Final Plat. After their review, the City Council may approve, amend and approve, approve with conditions, or deny the application for Preliminary and Final Plat approval. The City Council, at their discretion, may approve the Preliminary Development Plan and the Final Plat concurrently. A copy of the Final Development Plan will be included in the Planning Commission packet for their review prior to final review by the City Council. Development Agreement: The approval of the City Council and the obligations of the applicant shall be ratified in a development agreement. The agreement between the developer and the City shall demonstrate how the developer’s proposal will fulfill each provision of this ordinance along with any other conditions of RMF Overlay approval. Covenants, Conditions, And Restrictions (CC&Rs): All multi-family projects shall include the establishment of an owner's or renters’ association to address maintenance, parking, enforcement, and other resident-related issues. Generally, the City is not a party to this contract. Project Master Plan: If the project will be carried out in multiple phases, a Project Master Plan is required to address the timing and responsibilities carried out in each phase. This Plan can be incorporated into the Development Agreement and is required as part of the Overlay approval. 10-7D-7: OTHER REQUIREMENTS The following requirements shall be met: Signs: Refer to Chapter 19 Signs shall be consistent with the requirements of the Fillmore City Code. Sign type and locations shall be consistent throughout the project and the sign materials and graphics shall complement the project design. Solid Waste And Recycling: All refuse and recycling containers, except individual residential containers, shall be placed within screened storage areas or enclosures. Enclosure materials and colors will be consistent with, and complementary to, building materials and finishes. These containers should be conveniently located throughout the project, yet sufficiently buffered from project entries, main building entries, and main pedestrian paths.