Provo City Zoning Code
14.49F SDP-6
Olde Ivy Specific Development Plan Overlay Zone
14.49F.010 Purpose and Objectives.
The purpose of the Olde Ivy Specific Development Plan Overlay zone is to provide site and development standards relating specifically to the northeast corner of 3700 North and University Avenue, as a means to better coordinate and unify the various land uses permitted by the underlying zones. These mixed land uses include provisions for retail development at the corner, an office building further north along the University Avenue frontage, and twenty-four (24) residential townhomes on the eastern and northeastern portions of the site. The included land uses and the required site design and development standards are based on the following principal objectives:
(1) Provide for a mix of appropriate land uses which will be complementary to the nature of the surrounding area while also providing an appropriate transition to the adjoining residential neighborhood:
(a) The inclusion of well-designed and well-built townhomes as a desirable and a viable alternative housing option;
(b) The inclusion of limited retail development with a restriction on those land uses which might generate excessive light and noise, or which might have high traffic generation and customer turnover such as might occur with a fast food restaurant; and
(c) The inclusion of professional and business offices which can provide local services and nearby employment opportunity for residents in the area.
(2) Require architectural and design elements which will tie each portion of the project (townhomes, office, and retail) to the overall development in a unifying fashion. This includes the use of building materials which are similar or complementary in nature and which may include thematic design elements, as well as common streetscape and landscaping features.
(3) Require landscaping standards which will enhance the development and the neighborhood.
14.49F.020 Use in Combination with Underlying Zones.
As called out in Section 14.49.020, Provo City Code, an SDP Overlay zone is to be used in combination with conventional zoning districts. The underlying, conventional zoning districts for the Olde Ivy SDP Overlay zone include the SSC-1 (Specialty Support Commercial) zone; the PO (Professional Office) zone; and the LDR (Low Density Residential) zone.
14.49F.030 Underlying Zone Boundaries.
14.49F.040 Variations to Underlying Zones.
As allowed by Section 14.49.030, Provo City Code, variations to the development standards of the underlying zones are permitted through the adoption of an SDP zone, with any adopted variation to be listed within the text related to the particular SDP zone. When no variation is listed, or where no specific architectural or site design standards are called out within this Chapter, the land uses, setbacks, parking requirements, and architectural and site design standards shall adhere to the requirements of the underlying zoning district. In cases of conflicting requirements with the standards of the underlying zone, the standards of the SDP Overlay zone shall apply.
(1) SSC Specialty Support Commercial Zone.
(a) Permitted Uses. Variations to the land uses listed within Chapter 14.47, Provo City Code, SSC - Specialty Support Commercial Zone, are as follows:
(i) Excluded Land Uses. The following uses are excluded and not permitted:
4923 - Travel agencies.
6111 - Banking services.
6141 - Insurance carriers.
6211 - Laundries.
6213 - Dry cleaning.
6230 - Beauty and barber shops, reducing salons.
6254 - Shoe repair.
6334 - Duplicating, quick print services.
6395 - Photo finishing services.
6511 - Physicians office.
6512 - Dental office.
6591 - Accounting, auditing, bookkeeping, income tax preparation, etc.
6730 - Postal services.
6815 - Day nurseries and child care services.
6834 - Music schools (only in conjunction with a music store).
6839 - Other special training, includes karate, judo, kung fu schools.
7398 - Video rental.
(ii) Included Land Uses. The following use is included as a permitted use:
6419 - Automated tune-up and lube centers (not including automotive repair or towing services).
(b) No conditional uses listed within Chapter 14.47, Provo City Code, SSC - Specialty Support Commercial Zone, are allowed within the Olde Ivy SDP Overlay zone.
(c) Yard Requirements.
(i) Setback from University Avenue. As permitted by Section 14.34.290, Provo City Code, the Planning Commission may approve a project plan with modifications to the standards listed within that Section. Modifications to the listed standards for the North University Avenue Riverbottoms Design Corridor include the following minimum standards (except where otherwise noted, measurements are from the project’s property line):
(A) Nonresidential buffer yard may be reduced to a minimum of five (5) feet. Such area shall be landscaped with turf, trees, and shrubs as approved with the project landscape plan. Space between the roadway and the project’s property line shall also be landscaped as approved with the project plan, and with permission from the Utah Department of Transportation. (See Section 14.34.290(2)(b)(iii), Provo City Code, North University Avenue Riverbottoms Design Corridor Criteria – Screening and Landscaping Standards.)
(B) Building Setbacks (See Section 14.34.290(2)(c)(v), Provo City Code, North University Avenue Riverbottoms Design Corridor Criteria – Building Appearance and Setbacks): Five (5) feet.
(ii) Setback from 3700 North: Twenty (20) feet for any building, drive aisle, or parking area. Such yard area, as well as the area extending to the street curbline shall be landscaped.
(iii) Setbacks next to the LDR zone:
(A) Thirty (30) feet from any residential dwelling or residential yard area.
(B) Ten (10) feet from any public roadway interior to the site.
(iv) Setbacks Next to the PO Zone.
(B) For any drive aisle and parking areas: Ten (10) feet.
(2) PO Professional Office Zone.
(a) Permitted Uses. Variations to the land uses listed within Chapter 14.16 (PO - Professional Office Zone), Provo City Code, are as follows:
(i) Excluded Land Uses. The following use is excluded and not permitted:
7398 - Video rental shops.
(ii) Included Land Uses. No additional land uses are included as a permitted use.
(b) No conditional uses listed within Chapter 14.16 (PO - Professional Office Zone), Provo City Code, are allowed within the Olde Ivy SDP Overlay zone.
(c) Yard Requirements.
(i) Setback from University Avenue. As permitted by Section 14.34.290, Provo City Code, the Planning Commission may approve a project plan with modifications to the standards listed within that Section. Modifications to the listed standards for the North University Avenue Riverbottoms Design Corridor include the following minimum standards (measured from the project’s property line):
(A) Nonresidential Buffer Yard (see Section 14.34.290(2)(b)(iii), Provo City Code): Five (5) feet. Such area shall be landscaped with turf, trees, and shrubs as approved with the project landscape plan. Space between the roadway and the property line shall also be landscaped as approved with the project plan, and with permission from the Utah Department of Transportation.
(B) Building Setbacks (see Section 14.34.290(2)(c)(v), Provo City Code): Five (5) feet.
(ii) Setback from 3800 North:
(B) For any drive aisle or parking area: Ten (10) feet. Such yard area, as well as the area extending to the street curbline, shall be landscaped.
(iii) Setbacks next to the LDR zone:
(A) Thirty (30) feet from any residential dwelling or residential yard area.
(B) Ten (10) feet from any public roadway interior to the site, other than 3800 North.
(iv) Setbacks next to the SSC Zone.
(B) For drive aisle and parking areas: Ten (10) feet.
(3) LDR Low Density Residential Area.
(a) Permitted Uses. Variations to the land uses listed within Chapter 14.14A (Low Density Residential Zone), Provo City Code, are as follows:
(i) Excluded Land Uses. The following uses are excluded and not permitted:
(A) Two-family dwellings;
(B) Police protection and related services, branch (office only).
(ii) Included Land Uses. No additional land uses are included as a permitted use.
(b) Density. Variations to the maximum density allowed by Chapter 14.14A (Low Density Residential Zone), Provo City Code, includes a maximum total of twenty-four (24) townhome units for the entire area designated as LDR (approximately two point four (2.4) acres).
(c) Yard Requirements. Variations to the minimum yard requirements within Chapter 14.14A (Low Density Residential Zone), Provo City Code, include the following:
(i) Perimeter Yards. Minimum yards between the perimeter boundary of the project and a residential unit within the project are as follows:
(ii) Interior Yards. Minimum yards within the areas of the project not affected by the perimeter setbacks are as follows:
(A) Front yard: Twenty (20) feet.
(B) Side yard, corner lots: Eight (8) feet.
(C) Rear yard: Fifteen (15) feet.
(D) Between building groups: As required by the International Residential Code.
(d) Maximum building height: Thirty-six (36) feet as measured to the midpoint of the roof pitch.
(e) Parking, Loading and Access.
(i) Each townhome shall include a two-car garage with a minimum interior width and length of twenty (20) feet.
(ii) Visitor parking shall be provided at one (1) space per unit. Driveways having a depth of at least twenty (20) feet will count for the required visitor space for that unit; however, no other visitor parking may be located in the front yard area of any townhome unit.
(iii) No visitor parking areas shall be located closer than ten (10) feet to the perimeter of the project.
(iv) No townhome may have direct driveway access to a public street.
(v) No recreational vehicles shall be stored on-site, unless a specific parking area for recreational vehicles is approved as part of the site plan. Any such area shall be appropriately screened and landscaped as determined by the Planning Commission through site plan review.
14.49F.050 Project Design and Development Standards.
The design and development standards contained in this Section are intended to provide a fully unified development which will enhance the development and the neighborhood. If any conflict exists between the requirements of the overlay zone with the underlying zone, the requirements of the overlay zone shall apply.
(1) Building Architecture and Materials. In addition to the requirements contained within the various underlying zones as well as within the Zoning Title, the following requirements shall apply within the Olde Ivy SPD Overlay zone:
(a) All residential, retail and office buildings within the project shall contain common design elements.
(b) Exterior materials may consist only of stucco, stone, brick, Hardiboard siding, wood trim, composition roofing, and other design features which are part of an element of the overall design approved by the Design Review Committee.
(c) No vinyl or aluminum siding may be used, except for soffits, gutters, and window trim, unless the Design Review Committee approves other design features as part of an element of the overall design.
(2) Landscaping. In addition to the requirements contained within the various underlying zones as well as within the Zoning Title, the following requirements shall apply within the Olde Ivy SPD Overlay zone:
(a) A landscaping plan for the entire project area shall be required as part of the approval of the project plan. Where a specific building design and layout is not yet being considered, such as in the case of the office building, general elements should be called out. However, details may be submitted with the specific project plan for that site.
(b) Landscaping shall be consistent in terms of design and general planting materials throughout the entire project.
(3) Fencing and Walls. In addition to the requirements contained within the various underlying zones as well as within the Zoning Title, the following requirements shall apply within the Olde Ivy SPD Overlay zone:
(a) All fencing and wall design and materials shall be approved by the Design Review Committee.
(b) The type of fencing shall be consistent throughout the project. The color used throughout the community shall be consistent and determined at the time of final plat approval by the Design Review Committee and the Planning Commission.
(c) No fence or wall shall create a sight distance hazard to vehicular or pedestrian traffic as determined by the Provo City Traffic Engineer.
(4) Residential Entryways. Entryway features to the residential portion of the development may be included with the following allowances or restrictions:
(a) Any entryway feature shall be consistent with or complimentary to the fencing and wall design for the project.
(b) Entryway features may exceed six (6) feet in height so long as the height transitions to no more than six (6) feet within fifteen (15) feet of any adjoining property outside of the development project boundaries.
(c) All entryway features shall be constructed of decorative iron, brick, stone, decorative masonry, or combinations thereof.
14.49F.060 Other Requirements.
(1) Homeowner’s Association - Guarantees and Covenants.
(a) Adequate guarantees and covenants shall be provided for permanent retention and maintenance of all parks, open space, trails, and other amenities owned in common within the Olde Ivy development. No final plat may be approved until restrictive covenants have been submitted to and approved by the Development Services Department. Said guarantees shall include the following:
(b) A homeowner’s association for the entire development shall be created for the common maintenance of all street frontage areas.
(c) A separate homeowner’s association for the residential development shall be created for the residential portion of the property.
(i) The care and maintenance of the area within any open space reservation shall be ensured by the developer by establishing a private association or corporation responsible for such maintenance which shall levy the cost thereof as an assessment on the property owners within the Olde Ivy development. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the City and made a part of the conditions of the final plan approval.
(ii) Maintenance of open space reservations shall be managed by a person, partnership, or corporate entity which has adequate expertise and experience in property management to assure that maintenance is accomplished efficiently and at a high standard of quality.
(d) Parking and occupancy requirements, association funds, and establishment of maintenance estimates and funds shall be disclosed prior to any purchase of property within the development.
(e) Ongoing maintenance fees that will be assessed prior to the purchase or lease of property shall be disclosed.