The purpose of this section is to provide areas within the City that encourage high density apartment developments that incorporate creative architectural designs, innovative and attractive landscaped areas, and Amenities that meet the needs of prospective tenants while contributing to the development project. Because this Article allows a higher density development than a planned residential development, more stringent standards are required. The negative effects of a higher density development are reduced and mitigated by requiring a quality development that is beautifully designed, creatively landscaped, and aesthetically pleasing.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-024, Rep&ReEn, 11/24/1992; O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Any person requesting an apartment development with more than twenty (20) units per acre shall:

1. Meet with the Development Services Director or designee(s) for the purpose of exchanging ideas, reviewing zoning regulations, discussing possible issues, and obtaining a list of property owners who should be contacted about the proposed development prior to submitting an application for development.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-024, Rep&ReEn, 11/24/1992; O-01-0021, Amended, 06/12/2001)

2. Hold a meeting for surrounding property owners where the Concept Plan shall be shown and discussed. The developer shall mail or hand deliver a notice of the meeting to all property owners within two hundred feet (200') in all directions of the boundaries of the proposed development.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-024, Rep&ReEn, 11/24/1992; O-01-0021, Amended, 06/12/2001)

3. File, with the City, a written narrative identifying the concerns raised by area property owners, and explaining the applicant's position with regards to those concerns.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-024, Rep&ReEn, 11/24/1992; O-01-0021, Amended, 06/12/2001)

4. File a Development Review Application and a Concept Plan with the City requesting Concept Plan review. The Concept Plan shall be reviewed by the Development Review Committee, Planning Commission, and City Council for their opinions and comments. No Concept Plan approval is required nor shall any vote be taken. The purpose of the Concept Plan is for the developer to receive input from the City before investing large sums of money in preparing and submitting a preliminary development plan.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-024, Rep&ReEn, 11/24/1992; Ord. No. O-96-0004, Amended, 02/13/1996; O-01-0021, Amended, 06/12/2001)

5. File, by February 20, 1996, a Development Review Application and a preliminary development plan with the City requesting preliminary plan approval. No preliminary or final development plan applications shall be accepted by the City after February 20, 1996.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-024, Rep&ReEn, 11/24/1992; Ord. No. O-96-0004, Amended, 02/13/1996; O-01-0021, Amended, 06/12/2001)

6. File a Development Review Application and a final development plan with the City requesting a conditional use permit and final development plan approval.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-024, Rep&ReEn, 11/24/1992; O-01-0021, Amended, 06/12/2001)

7. No temporary certificate of occupancy shall be issued until the Developer schedules and attends a meeting with the Director of Development Services, and provides a written notice to neighbors within two hundred feet (200') of the project inviting them to attend the meeting. The purpose of this meeting is to ensure that the project is being developed in accordance with the final development plan and the conditional use permit before any certificate of occupancy is issued. Phasing is not permitted. However, the Director of Development Services may allow temporary certificates of occupancy to be issued for individual buildings where;
   1. the building is in full compliance with the final development plan,
   2. there is substantial progress being made on the whole project with all other buildings completed or under construction,
   3. the clubhouse and swimming pool are completed and available for use by the tenants,
   4. the areas where the temporary certificates are issued are completely developed and finished so that construction is not taking place where the tenants are living,
   5. there is sufficient parking as required by the ordinance available for the tenants, and
   6. there is a temporary fence installed between the completed portions of the project where the tenants are living and the remaining construction.

   In the event that the project is completed, except for landscaping, between October 15 and March 5, the City may issue a temporary or final certificate of occupancy if the applicant has posted a cash bond with the City pursuant to subsection 22-17-8(M) of this Chapter. No final certificate of occupancy shall be issued until the entire project has been developed and completed in accordance with the final development plan and the conditional use permit.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-024, Rep&ReEn, 11/24/1992; Ord. No. O-96-0011, Amended, 06/04/1996; O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

Developments under this Article shall contain a minimum of five (5) contiguous acres. There shall be no development phasing.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-024, Rep&ReEn, 11/24/1992; O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

The maximum density for developments under this Article shall be twenty-six (26) units per net acre. Net acreage does not include any property dedicated to the City for public right of way, or areas described in Section 22-7-3.B.(1) through (4) of the Orem City Code.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-024, Rep&ReEn, 11/24/1992; O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

The Concept Plan shall include: property boundaries; proposed locations of buildings, parking areas, landscaped areas, and Amenities; a color rendering showing enough of the site to give the viewer a feel and understanding of the proposed development; any written narrative summarizing concerns raised by property owners; and written statements describing intangible concepts that may be helpful in clarifying the development picture. Fees required by the City shall be submitted with the Concept Plan.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-92-024, Rep&ReEn, 11/24/1992; O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

1. The preliminary development plan shall contain the following:
   1. A detailed landscape plan showing the types, sizes and varieties of all bushes, shrubs, flowers, plants and trees. The plan shall also detail any footbridges, streams, ponds, waterfalls, decorative fences, trellises, paths, fountains, trails, boulders, benches, decorative lamp posts, statues, etc. that are part of the landscape plan.
   2. Details of building elevations and floor plans that show the creative aspects of the architectural designs.
   3. Details of Amenities and their locations within the project with written statements explaining why each amenity meets the needs of prospective tenants, how the Amenities mitigate negative impacts of the high density apartment development, and how they contribute to the project.
   4. All of the information required for a preliminary development plan in Section 22-7-5 of the Orem City Code.
   5. Pallets containing color and building material samples of the proposed exterior of the buildings for examination by the Development Review Committee, Planning Commission, and City Council.
   6. All documents listed in Section 22-7-5(E) of the Orem City Code.
   7. A traffic impact analysis by a traffic engineer that projects trip generations and shows street geometrics, turning movements to and from the site, establishes service level of impacted streets, and addresses traffic safety on and off the site.
   8. A detailed preliminary grading and drainage plan including all irrigation ditches, laterals, and structures, and detention areas with calculations for volume and proposed locations.
   9. A legal description of the site.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

2. The Development Review Committee shall review the preliminary development plan and then forward it to the Planning Commission.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

3. The Planning Commission may, after reviewing the preliminary plan, recommend to the City Council that they approve the preliminary development plan, approve with conditions the preliminary development plan, or deny the preliminary development plan if it does not meet the intent and requirements of the provisions of this Article.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

4. The City Council may, after considering the recommendation of the Planning Commission, approve the preliminary development plan, approve with additional conditions the preliminary development plan, or deny the preliminary development plan if it does not meet the intent and requirements of the provisions of this Article.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

5. Failure to submit a final development plan within one (1) year of the date of approval of the preliminary development plan shall terminate all proceedings and render approval of the preliminary development plan null and void.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

1. An applicant shall submit a Development Review Application requesting a conditional use permit and approval of the final development plan along with required fees. The final development plan shall contain the following:
   1. The preliminary plan approved by the City Council.
   2. A final plat of the development prepared by the developer's surveyor meeting all the requirements of Section 22-7-6(C) of the Orem City Code.
   3. Construction drawings for the development prepared by the developer's engineer.
   4. A final landscape plan prepared by a licensed landscape architect showing, in detail, the types, sizes and varieties of all bushes, shrubs, flowers, plants and trees. The plan shall detail any footbridges, streams, ponds, waterfalls, decorative fences, trellises, paths, fountains, trails, boulders, benches, decorative lamp posts, statues, etc. that are part of the landscape plan. The plan shall also include an itemized budget for all landscaping and landscaping features.
   5. A maintenance agreement between the developer, owner, and the City of Orem. The maintenance agreement shall require the developer and/or owner of the project to provide for the permanent care and maintenance of open spaces, landscaping, recreational areas, and communally owned facilities, parking areas and private streets. Enforcement of the maintenance agreement by the City is in addition to any other enforcement remedies the City may have under City ordinances and State law.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

2. The Development Review Committee shall review the conditional use permit request and the final development plan and then forward them to the Planning Commission.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

3. The Planning Commission may, after reviewing the conditional use permit request and the final development plan, recommend to the City Council that they approve the conditional use permit and final development plan, approve with conditions the conditional use permit and final development plan, or deny the conditional use permit and final development plan if it does not meet the intent and requirements of the provisions of this Article.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

4. The City Council may, after considering the recommendation of the Planning Commission, approve the conditional use permit and final development plan, approve with conditions the conditional use permit and final development plan, or deny the conditional use permit and final development plan if it does not meet the intent and requirements of the provisions of this Article.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

5. Failure to obtain a building permit for any phase of the project within two (2) years of the date of approval of the conditional use permit and final development plan shall terminate all proceedings and render all approvals null and void. An applicant may apply for a one time extension of up to one (1) year, and the Planning Commission may grant the extension, provided the applicant requests the extension at least thirty (30) days prior to the expiration.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

6. No development of high density apartments shall take place until the conditional use permit and final development plan are approved by the City Council and a building permit is issued by the City. All construction and perpetual maintenance shall be in strict compliance with the final development plan. Failure to do so is a violation of this ordinance.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901

1. Neighborhood Meeting. The applicant for the development shall conduct at least one (1) neighborhood meeting for the residents in the area of the proposed development to explain the proposed development and to address all neighborhood concerns. This meeting shall be held prior to the Concept Plan being scheduled for review by the Planning Commission.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

2. Architectural design. The developer shall design and build apartments that are architecturally and aesthetically pleasing. Such design may include multilevel variated roof designs and contours, gables, decorative windows and doors, bay windows, offset entries, decorative stairs, etc. Buildings shall be clustered, leaving large open areas for innovative landscaping.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

3. Landscaping. Not less than forty percent (40%) of the net acreage of the entire development shall remain in permanently landscaped areas. The landscaping shall be innovative and creative. Landscaping that qualifies as creative and innovative shall include such things as fountains, ponds, statues, waterfalls, trellises, cobblestone, paths, walkways, footbridges, decorative fences, hedges, streams, water wheels, flower gardens, gazebos, berms, decorative lamp posts, retaining walls, rocks, boulders, benches, etc.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

4. Amenities. The preliminary and final development plans shall include quality Amenities for the tenants, other than landscaping techniques and architectural designs, that the mitigate negative impacts of the development. Amenities shall increase the attractiveness and value of the apartment development. Amenities shall increase the desirability of the site as a place to live, provide physical comfort and relaxation, and provide recreational opportunities.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

5. Storage Areas and Solid Waste Receptacles. All storage and solid waste receptacles that are not located within a building shall be enclosed within a sight obscuring structure or fence compatible with the design of the development. Impervious areas directly under or susceptible to spillage from solid waste receptacles that are exposed to storm water must direct the storm water flows into landscaped areas and away from onsite drainage facilities.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001; Ord. No. O-2015-0027, Amended 08/25/2015)

6. Parking. There shall be at least two and twenty-five hundredths (2.25) off-street parking spaces for each dwelling unit. All parking spaces, parking areas, and driveways shall be paved with either asphalt or concrete and properly drained. Drainage shall not be channeled or caused to flow across pedestrian walk ways.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

7. Landscape Berm. A twenty foot (20') bermed landscaped strip of grass and two inch caliper trees shall be placed between parking spaces and any dedicated City street. The trees shall be placed at the discretion of the landscape architect but the minimum number of trees shall be equal to one tree for every twenty-five (25') feet of the bermed landscaping strip.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

8. Mitigation. The developer shall take steps, which the Planning Commission or City Council may require, to mitigate negative economic and aesthetic impacts the proposed development may have on the surrounding neighborhood.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

9. Recreational Vehicle Storage. An apartment development with more than twelve (12) units shall provide a paved parking surface, enclosed with a sight obscuring fence at least six feet (6') in height, for the storage of operable and licensed recreational vehicles. This area shall be developed at the ratio of fifty (50) square feet per unit. The City Council may waive this requirement by requiring, as a condition of the final development plan, that no recreational vehicle be parked or stored within the apartment development.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

10. Final Plat Recordation. A final plat showing the area of the apartment development and bearing the name of the apartment development that has been approved by the City Council shall be recorded by the City in the Office of the Utah County Recorder.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

11. Fences. A six foot (6') high fence of masonry, wood, wrought iron, precast concrete, or other material that is approved by the City Council shall be constructed and maintained by the owner of the development along any property line, other than along dedicated streets.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

12. Setbacks. Front, side, and rear yard setbacks shall be a minimum of thirty feet (30'). The side and rear yard setback adjacent to a residential zone shall be proportionately increased based on the height of the structure and calculated according to the following formula:

    (Structure Height) X (1.25) = Minimum Building Setback (in no instance shall the setback be less than 30 feet)

    For example, a building thirty seven feet (37') high requires a setback of at least forty-six and twenty-five hundredths feet (46.25').

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

13. Landscaping Bond. The installation of all landscaping is required prior to the issuance of a temporary or final certificate of occupancy. If the project is completed, except for landscaping, between October 15 and March 15 the developer may post with the City a cash bond in an amount determined by the City to guarantee the proper installation of all required landscaping and landscaping features.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

14. Restricted Locations.
    1. It is the intent of the City Council that prime commercial property be preserved for commercial development. Properties in the vicinity of intersections listed in paragraph N.2. below are considered prime commercial properties. Therefore, no conditional use permit for a high density residential development shall be granted within four hundred feet (400') of these intersections, as measured from the intersection of the street center lines.
    2. List of intersections:
       • 2000 North State Street.
       • 1600 North State Street.
       • 1200 North State Street.
       • 800 North State Street..
       • 400 North State Street.
       • Center and State Street.
       • 400 South State Street.
       • 800 South State Street.
       • 1300 South State Street.
       • 1600 South State Street.

(Ord. No. O-92-024, Enacted, 11/24/1992; O-01-0021, Amended, 06/12/2001)

Effective on: 1/1/1901