Provo City Zoning Code
14.5036 PRO-A-36
Spring Creek High Occupancy Project Redevelopment Option Zone
The total coverage of all buildings in a lot related to the parcel in the Spring Creek High Occupancy PRO zone shall not exceed thirty-three percent (33%) of the total project area. This requirement shall not apply when considering a lot that may be platted separately.
14.50(36).010 Purpose and Intent.
The purpose for the establishment of the Spring Creek High Occupancy (PRO-A-36) zone is to allow redevelopment of an otherwise blighted area of the Spring Creek Neighborhood along South State Street in Provo and to provide townhouse ownership opportunities of attached dwelling units for young professionals. This zone is intended to provide a style and type of housing that will foster a sustainable sense of community for the young professionals with a townhouse style for the housing. Housing in this zone shall include unique roof deck open space, adequate safe parking, friendly, neighborly interaction, and foster a sense of community by providing an open space with a pavilion for a gathering place and pickleball courts for recreational purposes for the young professionals.
14.50(36).020 Compliance with Titles 14 and 15 Required.
14.50(36).030 Permitted Uses.
(1) Those uses or categories of uses as listed herein are permitted in the Spring Creek High Occupancy PRO zone.
(2) All uses listed herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or grouping of such uses permitted in the zone are identified by a four (4) digit number in which the last one (1) or two (2) digits are zeros.
(3) All such categories listed herein and all specific uses contained within them in the Standard Land Use Code shall be permitted in the Spring Creek High Occupancy PRO zone, subject to the limitations set forth in this Chapter. No commercial use is permitted in the residential townhome buildings except as allowed and duly approved as minor home occupations.
(4) Permitted Principal Uses. The following principal uses and structures are permitted in the Spring Creek High Occupancy PRO zone:
Use No. | Use Classification |
Single-family dwelling, attached (to one (1) or more single-family dwellings, but no more than six (6)), with a two (2) car garage for each unit | |
Electronic transmission right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way activity) | |
Gas pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way activity) | |
Gas pressure control station | |
Water pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way activity) | |
Sewage pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way activity) | |
Sewage pumping station | |
Combination utilities right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way activity) | |
Storm drain or right-of-way (predominantly covered pipes and boxes) | |
Spreading ground (area for percolating water into underground) | |
Religious activities |
(5) Conditional Uses. No conditional uses shall be permitted in the Spring Creek High Occupancy PRO zone.
14.50(36).040 Single Ownership and Control.
Land in the Spring Creek High Occupancy PRO zone shall be in single ownership or control prior to unit occupancy to insure conformance with these provisions and all conditions imposed upon preliminary and final development plans. A completed dwelling unit may be owned by an individual, partnership, corporation, a group of individuals, or other legally recognized entity. Common open space and areas shall be managed by a homeowner’s association created in conformance with Utah State law.
14.50(36).050 Occupancy Restrictions.
(1) Dwelling unit occupancy in the Spring Creek High Occupancy PRO zone shall be limited to family occupancy or baching singles limited to four (4) singles as defined by Section 14.06.020, Provo City Code.
(2) No accessory apartment or second kitchen shall be permitted in any dwelling unit.
(3) Prior to the issuance of a certificate of occupancy for a dwelling unit, a permanent notice shall be placed on the electrical box within the unit indicating maximum allowable occupancy of the unit based on the approved occupancy consistent with a recorded parking and occupancy agreement. This notice shall be located on a six (6) inch by six (6) inch metal or plastic plate permanently attached to the electrical box with minimum one-half (1/2) inch engraved letters.
14.50(36).060 Project Area.
The minimum area for a project in the Spring Creek High Occupancy PRO zone shall be 6.21 acres. Individual phases or portions of the overall project may be platted separately but shall conform to an approved overall project plan. The zone or project area may be expanded with the addition of an amended and approved project plan. If approved by the Municipal Council, the text of this Chapter may be amended for an expanded project plan.
14.50(36).070 Minimum Finished Floor Area.
The minimum finished floor area of each dwelling unit in the Spring Creek High Occupancy PRO zone shall be one thousand six hundred (1,600) square feet, not including a garage.
14.50(36).080 Minimum Unit Size.
Each unit shall have four (4) bedrooms. The minimum bedroom size in the Spring Creek High Occupancy PRO zone shall be no less than one hundred (100) feet. There shall be no less than four (4) full bathrooms per unit.
14.50(36).090 Building Pad Width and Depth Requirements.
Each building pad for an individual townhome dwelling unit constructed in the Spring Creek High Occupancy PRO zone shall have a minimum width of twenty (20) feet and a minimum depth of thirty-five (35) feet.
14.50(36).100 Project Frontage.
14.50(36).110 Residential Density.
Residential density in the Spring Creek High Occupancy PRO zone shall not exceed ten (10) dwelling units per acre.
14.50(36).120 Yard Requirements.
The following minimum building setback requirements shall apply in the Spring Creek High Occupancy PRO zone:
(1) Front Yard. Each front yard shall be as shown on an approved project plan, but in no case shall an individual building setback from the front property line be less than five (5) feet unless superseded by more restrictive design corridor standards. Each lot or building fronting a public street shall be deemed to have a front yard.
(2) Side Yard. Ten (10) foot minimum side yard; ten (10) foot minimum distance between buildings on same parcel.
(3) Rear Yard. Rear property line no less than ten (10) feet.
(4) Setbacks for Buildings with Driveways. Nine (9) foot minimum setback on building corner if building side is not parallel to property line and diverges from property line.
(5) Double-Fronted Lots. Lots that are double-fronted by roadways shall maintain a ten (10) foot minimum setback from the road right-of-way.
(Enacted 2018-36)
14.50(36).130 Projection into Yards.
(1) The following structures may be erected on or project into any required yard in the Spring Creek High Occupancy PRO zone:
(a) Fences and walls in conformance with the Provo City Code and ordinances;
(b) Landscape elements including trees, shrubs, agricultural crops, and other plants;
(c) Necessary appurtenances for utility services;
(d) Garbage containers or trash enclosures; and
(e) Driveways, parking lots, or access ways to adjacent parcels.
(2) The structures listed below may project into a minimum front, rear, or side yard not more than two (2) feet:
(a) Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features;
(b) Fireplace structures and bays, provided they are not wider than eight (8) feet and are generally parallel to the wall of which they are part; and
(c) Stairways, balconies or patios, door stops, fire escapes, awnings, decks, and planter boxes or masonry planters.
14.50(36).140 Garbage Collection.
Garbage containers and collection shall be provided by a private company contracted by a homeowner’s association. One (1) common trash storage container or garbage dumpster of adequate capacity shall be provided for every two (2) buildings, with five (5) total located in the Spring Creek High Occupancy PRO zone. Each container shall be properly screened as required by Section 14.34.080, Provo City Code.
14.50(36).150 Trash Storage.
14.50(36).160 Building Height.
No lot in the Spring Creek High Occupancy PRO zone shall have a building or structure that exceeds a height of three (3) stories with a maximum of forty-five (45) feet. Chimneys, flagpoles, mechanical equipment, flues, roof deck patios, or similar structures not used for human occupancy shall be excluded in determining height.
14.50(36).170 Distance between Buildings.
14.50(36).180 Permissible Site Coverage.
14.50(36).190 Parking, Loading, and Access.
(1) Each dwelling unit in the Spring Creek High Occupancy PRO zone shall have four (4) parking spaces for each unit with at least two (2) spaces in a garage.
(2) Visitor parking will be 0.25 spaces per unit. Each visitor parking space shall be clearly identified.
(3) Landscaped islands shall be required at the midpoint of parking rows not to exceed twelve (12) parking stalls.
(4) Parking stalls will be labeled for each unit or visitor.
(5) Concurrent with the recording of a plat, a cross-access easement or agreement shall be recorded that grants access over or through parking areas and driveways within a project for the benefit of the entire project.
14.50(36).200 Access to Enclosed Parking.
Access to parking in the Spring Creek High Occupancy PRO zone shall be provided by a driveway or access way which is at least eighteen (18) feet wide. These access ways shall include any driveway near the exterior of a project used to access parking in a townhome unit garage and may be used during various phases of a project. Signage stating “no parking will be allowed in the access way” will be erected.
14.50(36).210 Project Plan Approval/Design.
Each building in the Spring Creek High Occupancy PRO zone shall comply with Sections 14.02.090 (Project Plan Required) and 14.34.280 (Design Review), Provo City Code, except as may be modified by the Planning Commission at the time of project plan approval pursuant to the provisions of this Chapter. The Design Review Committee shall approve all architectural and landscaping elements prior to the issuance of a building permit.
(1) Signage.
(a) Sign design shall reflect the architectural style of the project.
(b) Two (2) monument entrance signs shall be permitted. Entrance sign square footage shall not exceed thirty-two (32) square feet per sign. Maximum height for each entrance sign shall not exceed four (4) feet. No entrance sign shall impede the clear vision area.
14.50(36).220 Fencing Standards.
(1) During the initial phase of a project in the Spring Creek High Occupancy PRO zone, only a no-climb, field-type wire fence shall be required.
(2) Within a period of one (1) year from completion of an initial phase consisting of eight (8) buildings, a six (6) foot high fence shall be provided along the south exterior of the project between the road and the storage units as shown on an approved project plan.
(a) This fence may be fabricated of PVC or fiberglass.
(3) The north property line of Willow Creek Townhome development will be divided from the property to the north by the existing brick retaining wall. No additional fence will be required.
14.50(36).230 Landscape Plan.
The project plan and rezone plan are being submitted together and the project plan includes the preliminary landscape plan. When the project plan is approved in the Spring Creek High Occupancy PRO zone, a final landscape plan shall be provided showing tree schedule, planting schedule and common amenities. The final plan shall comply with the Provo South Street Corridor design guidelines. The final plan shall also show the irrigation plan and schedule, tree schedule, planting schedule, the location and type of fences, walls, hedges, project signs, open space improvements, trash enclosures, common amenities, entrance signs, exterior lighting, and walkways. Any future construction in various phases of the project shall comply with this landscape plan. Additionally, the landscape plan shall comply with Chapter 15.20, Provo City Code, and outdoor lighting shall comply with Chapter 15.21, Provo City Code.
(1) Driveways and parking areas may be placed adjacent to property lines without landscape buffer.
(2) In any new project consisting of twenty (20) or more residential units, an area equivalent to ten percent (10%) of the residential gross floor area shall be developed in recreational amenities, such as, but not limited to, a common clubhouse, gym, pool, rooftop garden, outdoor gathering place, outdoor recreational area or other amenities. Landscaping within the required setbacks shall not be calculated towards meeting this provision.
(3) In any new project consisting of twenty (20) or more residential units, the open space must be massed or accumulated to be functional as a recreational amenity or gathering space.
14.50(36).240 Building Plans.
The concept plan and rezone are being submitted together. The concept plan includes the preliminary building plans for the Spring Creek High Occupancy PRO zone. The plans identify the building type, style, height, color, texture, architectural features, floor plans, building materials, roof shapes, windows, balconies, and porches. Any future construction of buildings in various phases of the project shall comply with these building plans. Slight alterations may be allowed in a building floor plan or footprint as long as it substantially complies with an approved project plan. The dimensions of each townhome dwelling unit may be altered no more than two (2) feet in any direction without need of an additional plan approval.