City Council · 2017-11-14

CITY OF OREM
CITY COUNCIL MEETING
56 North State Street Orem, Utah
November 14,2017
4:00 P.M. WORK SESSION -PUBLIC SAFETY TRAINING ROOM
CONDUCTING Mayor Richard F. Brunst
Councilmembers Debby Lauret, Sam Lentz, Tom
ELECTEDOFFICIALS
Macdonald, Mark Seastrand, David Spencer, and Brent
Sumner
APPOINTEDSTAFF Brenn Bybee, Assistant City Manager; Greg Stephens, City
Attorney; Bill Bell, Development Services Director; Scott
Gurney, Fire Department Director; Gary Giles, Police
Department Director; Chris Tschirki, Public Works
Director; Steve Earl, Deputy City Attorney; Jason Bench,
Planning Division Manager; Steven Downs, Assistant to
the City Manager; and Jackie Lambert, Deputy City
Recorder
EXCUSED Jamie Davidson, City Manager; and Brent Sumner,
Councilmember
UPDATE - City Center District Plan
Orem a “"Center"” and make it a destination. He presented an aerial map of the downtown area
which depicted the boundary lines of the City Center District Zone. An aerial map of
Subdistricts within the City Center District Zone was then presented, which included: Core (High
Commercial with Buffering), Civic (High Density Municipal Offices/Amenities), and
Residential (Primarily Medium to High Density Housing with Buffering). Key components of
the City Center District Plan were outlined as follows:
·It would not lift the moratorium on Residential "PD" Zones on State Street
It would not force any existing businesses out of the District
Specific design standards would be tailored to the City Center District Zone
An incentive chart was created to award bonuses for providing amenities
Mr. Kirkham presented several concept drawings depicting a new building by fictional business
Catalyst Inc. in the Core Subdistrict. The features of the proposed building included:
Minimum of 7,500 square feet
Minimum of three stories
Maximum setback of ten feet from the sidewalk
A front entrance facing the street
The longest side of the building would also face the street (eighty percent lot width)
City Council Minutes -November 14,2017(p.1)


Residential would only be permitted when more than three commercial stories were
provided
Distinct base and top (known as “expression lines")
Facade articulation every fifty feet
Windows and balconies
0 Minimum of seventy percent transparency on the ground floor
0Minimum balconies for fifty percent of residential units
Eighty-five percent coverage of materials for street facing facades
Mechanical equipment and trash dumpsters would be screened from public view
·
Parking would include:
Parking in rear
Shared parking
Structured parking
Screening
Wall, monument and blade signs would be encouraged, whereas pole signs were
prohibited
Mr. Kirkham said this hypothetical scenario showed one way development might move forward
in the City Center District Zone. He reviewed the next steps as follows:
· Adoption of the City Center District Zone (December)
Kickoff of public outreach effort, plus rezoning for the remaining State Street districts
(December through 2018)
Adoption of updated design standards for the remainder of State Street (January)
Adoption of revised land uses for State Street districts (December)
Mr. Lentz wanted to know if a business would be allowed to construct a building that was three
stories tall, but all one floor. Mr. Kirkham stated that the commercial allotment for stories was a
minimum of fourteen feet. Anything taller than fourteen feet constituted as two stories.
Mayor Brunst said there was a lot involved with the City Center District Plan, and he felt they
were moving forward too quickly. He noted that several citizens expressed interest in seeing
buffered landscaping along State Street, similar to what existed in Santaquin, Springville and
Provo; he asked if this concept had been discussed in Orem. He said many of the City's
sidewalks were situated along State Street; however, in some areas this was not the case, thereby
creating a “hodge podge" of landscaping throughout Orem.N Mr. Kirkham said staff was
presently looking at a xeriscaping ordinance that would affect all properties within the City.
Furthermore, staff would look into revising the City's landscaping requirements.
Mr. Bench said any new landscaping requirements would take affect for future development
and/or redevelopment projects. Mayor Brunst requested that as a City they review the
beautification of State Street with the City's available resources, rather than waiting for
developers and property owners to assume that responsibility. He also wanted to review the
City's sidewalks and safety features. He noted there was a $2.5 million grant available for
funding these efforts, and he requested that staff put together a budget proposal.
City Council Minutes-Novcmber 14,2017(p.2)


Mr. Lentz said the Beautification Commission was also concerned by this issue. The challenge
was developing a plan that worked for both smaller neighborhoods as well as larger
communities. He suggested working with property owners one block at a time, as opposed to
investing millions of dollars into a single, large scale project.
Mrs. Lauret said the word “incentive" made her nervous and she asked staff to clarify what was
meant by this term. Mr. Kirkham said there were limits in the zone. He also explained that the
tradeoff for allowing additional building stories was that developers were required to provide
certain amenities to enhance the neighborhood. Mrs. Lauret asked if any projects would be fast
tracked and given priority over others. Mr. Kirkham said the City already had a relatively fast
process. Mrs. Lauret asked if reduced impact fees would be offered as an incentive. Mr.
Kirkhamsaidtheincentivedetailsstillneededtobedetermined.
Mr. Macdonald wanted to confirm that updates to the City Center District Plan would not by
default force any existing businesses out of the District. Mr. Kirkham confirmed that this was
true and said the updates would only affect those businesses that wanted to make changes to their
existing properties. Furthermore, it would also only affect businesses that came in after the
revisions to the Plan were finalized. Mr. Bench added that the majority of all buildings were
legal, non-conforming. If a business wanted to make modifications to an existing property, at
that point they would be required to submit a formal proposal to the City.
Mr. Macdonald asked about financing building updates to legal non-conforming buildings. Mr.
Bench said in speaking with Zions Bank and the Bank of American Fork, both concurred that
they would not charge extra fees and/or higher interest rates to finance legal non-conforming
buildings  versus  conforming  buildings. Mayor Brunst requested that these financial
commitments from the banks be obtained in writing, as this had been a point of contention with
business owners.
Mr. Lentz asked if there was a timeline of what had taken place up to this point. Mr. Kirkham
said CRSA would co-present when this came forward to the Council at the next meeting. He
noted that CRSA was in charge of all public outreach and they would discuss the timeline in
greater detail.
Mr. Bell briefly discussed some of the public outreach efforts that had taken place so far, and
said there had been a good response from business owners. Mayor Brunst said he would like to
meet with businesses individually within the City Center District to hear their thoughts and
vision for the area. He said he would like these conversations to take place before the item went
before the Planning Commission. There was subsequent discussion on the best approaches for
moving forward with Mayor Brunst's request.
Gary Sorrells stated he was a business owner at 1200 North State Street. He explained that he
was unable to obtain financing from a bank and it ended up costing him $2 million. He said he
had been in the City of Orem since the 1980s; his business was his legacy and his children's
inheritance. Mr. Sorrells said that restricting the development of his property would hurt his
business. He said in researching the issue in other cities, many business owners in similar
situations ending up losing their properties. He cautioned the City to conduct more research
before approving modifications to the City Center District Plan. Mr. Bench said Mr. Sorells's
property would not be affected by changes made to the Plan.
City Council Minutes - November 14, 2017 (p.3)


Mr. Kirkham said it was not in the best interest of the City to kick anyone out or stunt
development; he clarified that this was not the goal. He said there were many options available,
all of which had been carefully weighed. He said there were potential ways of improving the
City's main corridor, and they were trying to be sensitive to existing developments.
Mr. Lentz said he was less concerned on the timing of this matter; rather, he was concerned with
the financial investment that would be needed in order to meet with each individual business
owner in the City Center District. Mayor Brunst said the investment was worth it, and he felt the
amount of time needed was reasonable.
Mr. Macdonald said the discussion of how to improve State Street had been ongoing for many
years.
Mr. Sorrells interjected that life, liberty and property were constitutional rights that needed to be
considered.
After subsequent discussion, the general consensus of the Council was to meet with the business
owners in the City Center District. Mr. Lentz said he was opposed to this idea, and said there
had been plenty of time for property owners to get involved with the City Center District Plan.
He said "kicking the can down the road" was not a good use of funds or time.
UPDATE -SLU Codes for State Street Corridor
Mr. Bench said this conversation was to be in conjunction with the previous discussion. He felt
there was not a productive purpose to moving forward with this discussion, if additional changes
would be made after meeting with more businesses.
5:00 P.M.STUDY SESSION -PUBLIC SAFETY TRAINING ROOM
CONDUCTING Mayor Richard F. Brunst
ELECTEDOFFICIALS Councilmembers  Debby Lauret, Sam  Lentz, Tom
Macdonald, Mark Seastrand, David Spencer
Brenn Bybee, Assistant City Manager; Greg Stephens, City
APPOINTEDSTAFF
Attorney; Bill Bell, Development Services Director; Scott
Gurney, Fire Department Director; Gary Giles, Police
Department Director; Chris Tschirki, Public Works
Director; Steve Earl, Deputy City Attorney; Jason Bench,
Planning Division Manager; Steven Downs, Assistant to
the City Manager; and Jackie Lambert, Deputy City
Recorder
EXCUSED Jamie Davidson, City Manager; and Brent Sumner,
Councilmember
PreviewUpcomingAgendaItems
City Council Minutes - Novcmber 14,2017 (p.4)


Staff presented a preview of upcoming agenda items.
Agenda Review
The City Council and staff reviewed the items on the agenda.
City Council New Business
The City Council had no New Business.
The Council adjourned 5:51 p.m. to the City Council Chambers for the regular meeting.
6:00 P.M. REGULAR SESSION -COUNCIL CHAMBERS
CONDUCTING Mayor Richard F. Brunst
ELECTEDOFFICIALS Councilmembers Debby Lauret, Sam Lentz, Tom
Macdonald, Mark Seastrand, David Spencer, and *Brent
Sumner (*participated electronically)
Brenn Bybee, Assistant City Manager; Richard Manning,
APPOINTEDSTAFF
Administrative Services Director; Greg Stephens, City
Attorney; Steve Earl, Deputy City Attorney; Bill Bell,
Development Services Director; Scott Gurney, Fire
Department Director; Charlene Crozier, Library Director;
Gary Giles, Police Department Director; Chris Tschirki,
Public Works Director; Jason Bench, Planning Division
Manager; Karl Hirst, Recreation Director; Steven Downs,
Assistanttot the City Manager;  Pete  Wolfley,
Communications Specialist; and Jackie Lambert, Deputy
City Recorder
INVOCATION/
INSPIRATIONALTHOUGHT Heather Karns
PLEDGEOFALLEGIANCE Hunter Karns
APPROVALOFMINUTES
Mr. Spencer moved to approve the following sets of meeting minutes:
City Council Meeting October 10, 2017
Joint City Council Meeting with Provo October 12, 2017
City Council Meeting October 17, 2017
Joint City Council Meeting with Vineyard October 18, 2017
Mrs. Lauret seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam
Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and Brent Sumner. The motion passed
unanimously.
MAYOR'SREPORT/ITEMSREFERREDBYCOUNCIL
City Council Minutes - November 14, 2017 (p.5)


Upcoming Events
The Mayor referred the Council to the upcoming events listed in the agenda packet.
Appointments toBoards andCommissions
Mr. Seastrand moved to reappoint Russell Brown, LaDell Gillman, Jack Jones, Rick Lewis, and
Alex Lott to the Metropolitan Water District of Orem. Mr. Lentz seconded the motion. Those
voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand,
David Spencer, and Brent Sumner. The motion passed unanimously.
Mr. Seastrand moved to appoint Brayden Santo to the Transportation Advisory Commission.
Mr. Lentz seconded the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam
Lentz, Tom Macdonald, Mark Seastrand, David Spencer, and Brent Sumner. The motion passed
unanimously.
REPORT -Board of Metropolitan Water District of Orem
Mr. Tschirki noted he was the Vice Chair of the Metropolitan Water District of Orem (MWDO).
He then introduced fellow Board Members and turned the time over to Steve Brown for the
presentation.
Mr. Brown noted that Board Member Jack Jones had served for forty years. He also noted that
Board Members Russ Brown and Rick Lewis had each served for eighteen years.
In response to a question from Mayor Brunst, Mr. Tschirki noted that the MWDO was formed by
the Orem City Council in 1935. He explained that it was a subset of the local district language
found within State Code.
Mr. Brown said the State allowed for the creation of the MWDO for the purpose of acquiring,
appropriating, developing, storing, selling, leasing and distributing water for the City's use. The
territory had to stay within the boundaries of the City, or multiple cities, and was a separate and
independent board. When MWDO was formed in 1935 it allowed for three members, one of
whom had to be a representative of Orem. At present, there were seven members and the City's
representative was Mr. Tschirki, the Public Works Director. The terms for Board Members were
six years and all members served without pay. Mr. Winterton also served on the MWDO as its
General Manager. Ruth Ann Ivie was the Administrative Assistant who had been serving for
twenty-two years. Ms. Ivie took care of the books and made sure the Board remained in line
with all of the applicable State regulations.
of water to the City. Over the years they had acquired water shares in the Deer Creek and
Jordanelle Reservoirs, as well as numerous irrigation and canal companies. They had converted
those water sources from irrigation use to municipal use. With the advent of the water treatment
plant, the MWDO established an agreement with the Central Utah Water Conservancy District
(CUWCD). MWDO provided water to the treatment plant before distributing the treated water
back to various areas throughout the City.
City Council Minutes - November 14, 2017 (p.6)


Mr. Tschirki said the relationship between the City of Orem and MWDO had been strong for
eighty-two years since its inception. The two entities shared the same vision of providing
drinking water for the community. They wished to develop and protect water rights, and to
ensure there was water for future generations to come. Mr. Tschirki expressed gratitude for the
individuals who had the foresight to create the MWDO.
Mr. Tschirki explained that the MWDO engaged in the agreement with CUWCD for the
Jordanelle water shares. The expense of this water was $1.2 million annually. At the time the
water Jordanelle water shares were purchased in the late 1970s, they were deemed to be
expensive shares. However, it was now presently some of the least expensive water that the City
owned.  Mr. Tschirki noted the City provided an office for the MWDO in the Public Works
typically four per year.
Mr. Winterton said he performed his managerial duties with the MWDO as part of his overall
role with the City. He explained that last year the City's wells went through a process of
adjudication, or audit process. The State periodically reviewed how much water the City had
rights to use, versus the actual amount being used. For example, if an individual or entity had
rights to irrigate ten acres but was only irrigating five acres, those rights would then be reduced
down to five acres. The MWDO owned most, if not all of the shares the City utilized for surface
water. They owned shares in approximately seven irrigation companies, one of which was the
Provo Bench Canal Irrigation Company. Mr. Winterton said Orem City was by far the majority
shareholder in that company, so the City had a keen interest in its success. He said due to the
efforts of Board Member Russ Brown, the City of Orem was unaffected by the audit process.
Mr. Winterton said it was rare for an entity to not have its rights reduced after adjudication, and
he commended Board Member Brown's efforts.
Mayor Brunst asked if the audit was recorded. Mr. Winterton answered affirmatively, and noted
that the results were recorded by the State Engineer as a recommendation. The results would
eventually go before a judge, a process which could potentially take up to ten years. Thereafter,
the water rights within the Orem subdivision would be presented in a book and stamped for final
approval. The matter would not be revisited again for another fifty to seventy-five years. Mr.
Winterton then explained that the MWDO participated in other water development projects, and
would potentially be involved with the water reuse and Well #10 projects.
Mr. Macdonald said the ability to turn on water was a privilege often taken for granted. He
acknowledged the efforts of those wise stewards of the past, and expressed a desire for present
City officials to be wise stewards for the future. He thanked the MWDO Board Members for
their service and report.
Mayor Brunst said he worked with other mayors who were facing serious water problems within
their respective jurisdictions. He remarked that former Orem City Manager Bruce Chesnut, Mr.
Tschirki and others had done great work for the Orem community.
Steve Brown distributed information written by Board Member Russ Brown regarding the
history of the MWDO.
City Council Minutes -November 14, 2017 (p.7)


CITYMANAGER'SAPPOINTMENTS
Appointments to Boards and Commissions
Mr. Macdonald moved to appoint Ross Spencer and Mike Staker, and to reappoint J. Carlos
Igelsias, to the Planning Commission. Mayor Brunst seconded the motion. Those voting aye:
Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark Seastrand, David Spencer,
and Brent Sumner. The motion passed unanimously.
PERSONALAPPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not
scheduled as public hearings on the agenda. Those wishing to speak should have signed in prior
to the meeting, and comments were limited to three minutes or less.
Suzanne Hough, resident, noted that she and her husband Kent Hough sent a letter addressed to
the City Attorney's office regarding the denial of a permit to install solar power on their home.
She said elected officials should have received copies of the letter in question. Mrs. Hough then
asked the Mayor and Council if they supported solar power, and requested that the barriers
within the City's ordinances be removed in order to allow for the installation of alternative
energy sources. She said at the time of their application, they were told it would not be fair for
the City to approve their request because the Community Development Office had denied similar
permits to many other residents. She explained the Federal and State government were offering
tax incentives for alternative energy systems, but the City was prohibiting residents from taking
advantage of those incentives; in this sense, residents were being held hostage. She said solar
power benefitted the whole community. She suggested the City consider the language adopted
in the 1979 California Solar Rights Act, and make changes to its codes and regulations in order
to allow solar installations on private homes and businesses.
Mr. Macdonald asked for copies of the information that Mrs. Hough shared, which she then
provided to Steven Downs.
CONSENTITEMS
RECOMMENDATION: Motion for the City Council to accept the Consent Item(s) as noted.
MOTION: Authorizing the Mayor to execute an agreement outlining the City's participation
in theBusiness Loans of Utah (BLU) Fund.
Mr. Lentz moved to authorize the Mayor to execute the agreement. Mr. Seastrand seconded the
motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald, Mark
Seastrand, David Spencer, and Brent Sumner. The motion passed unanimously.
SCHEDULEDITEMS
6:00 P.M. PUBLIC HEARING - Setbacks in Commercial and Professional Office Zones
ORDINANCE-Amending Section 22-8-8(A) of the Orem City Code pertaining to setbacks
in the Commercial and Professional Office Zones
City Council Minutes -November 14,2017 (p.8)


Mr.BenchpresentedGregJohnson'srequest thattheCityamendSection22-8-8(A)of theOrem
City Codepertaining to setbackrequirements in all Commercial andProfessional Office zones.
Theapplicantownedabusiness at1140North1200WestintheHSzone.Hewanted toutilizea
carport to support additional solar panels to power his business in addition to using the roof of
his building.To reach maximum energy production, the only location to place this carport was
withintheten-footsetbackontheeastsideofhisproperty.
One of the general zone development standards in section 22-8-8 required that a setback must be
equaltotheheightofaproposedstructureforlotslocatednexttoaresidentialzone.Thiswas
intended tokeepresidential areas in characterwith their use and tokeep commercial buildings
from impacting nearby homes.
The applicant desiredtoconstructhiscarportdirectly adjacent totheneighboringresidentiallot,
but could not do so under the current ordinance as this would have violated the required setback
(which would require it to be set back the height of the carport).However,the adjoining
residentiallotwasatasubstantiallyhighergradethantheapplicant'slot,suchthatthecarport
wouldnotevenbevisiblefromtheresidentiallot;therefore,itwouldhavenoadverseimpact on
theresidentiallot.
The applicant requested that the City Council adopt an exception to the setbackrequirement that
wouldeliminateanysetbackrequirementforastructureonacommerciallotthatwasadjacentto
a residential lot,wherethe top of the structure waslower than the grade of the adjoining
residential lot.
Staffbelieved thatsuchan amendmentwasreasonable andwouldallowmoreefficientuseof
commercial properties in cases where it would have no negative impact on adjoining residential
properties.Staffthereforesupportedtheproposedamendmenttothesetbackstandardsforthe
Commercial andProfessionalzonestoallowfor a zero(O)foot setbackwhen theproposed
height of the structure would be less than the neighboring grade when measured within five (5)
feet of the property line. The Planning Commission also recommended approval of the proposed
amendment.
The proposed text amendment as shown below reflected the recommendation of thePlanning
Commission:
Section22-8-8(A)
A.General ZoneDevelopment Standards.Thefollowing development standards shall apply in thePO,
C1,C2,C3 and HSzones except that this subsection(A) shall not apply to setbacks fromStateStreet
andStateStreetConnectorStreetsorto theminimumheightforprimarybuildingsintheStateStreet
CorridorArea.
ZoneDevelopmentStandards
CommercialandProfessional OfficeZones
PO C1 C3 HS
C2
CityCouncilMinutes-November14,2017(p.9)


MinimumLotareain
squarefeetunless
18000****** 7000 7000 3acre* acres
listedas acres
Setbacks(Minimum)
From Dedicated
20*** 20 20***** 30** 20
Streets:
From an adjoining
Property in a
0 0 0
0 0
nonresidential
zone:
From an adjoining
****25 10° 10'
Propertyina 10' 40
residential zone:
Structure Heights.
Minimum: 8 8 8 8 8
Maximum: 35' 48 60' 35'*** 60'
*Parcels smaller than three(3)acres shall only be allowed pursuant toSection 22-8-14(D)
** Building setbacks from 800 North in the PO and C3 zones shall be according to “Appendix I"
*** Exception: The maximum height for structures located in the C3 zone which are set back no less than
onehundredfiftyfeet(150')fromaresidentialzoneshallbesixtyfeet（60')
****No portion of any building shall be located closer to a residentially zoned property than a distance
equaltotheheightofthatportionofthebuilding（applicabletoallcommercialzoneslistedabove)
However, no setback is required where the top of the structure is lower than the grade of the adjoining
residential lot (as measured at some point within five feet of the property line) along the entire length of the
property line between the two properties.
NOTE:In all commercialzones,except thePOand C3zones,the height limitation shall not apply to belfriescupolas
domesnot used for human occupancy,chimneys,ventilators,skylights,cornices,antennas,orproperly scrcened
mechanical appurtenances.In no case shall the height of belfries,cupolas,domes not used for human occupancy,
chimneys,ventilators,skylights,cornices,antennas,orproperlyscrcenedmechanical appurtenancesexceedaheightof
seventy-fivefeet(75')measuredfrom the averagefinishedgradeof theyardinwhichthestructureislocated.Innocase
shall thatportionwhichexceedsthesixty-foot(60')height exceedfiftypercent(50%)of thegross floor areaof the
uppermostfloorof thebuilding.
ThePlanning Commissionrecommended the City Council,by ordinance,amend Section 22-8-
8(A) of the Orem City Code pertaining to setback requirements in all Commercial and
Professional Officezones.Staffsupported thePlanningCommission'srecommendation.
Mr.Macdonald inquired as to the proposed height of the carport.Mr.Bench said the purpose of
the carport was twofold:(1) to cover the existing stalls; and (2) the roof would be a solar panel
system.The carport itself would not exceed the height of the chain linkfence on theproperty.
Mayor Brunst opened thepublic hearing.Seeing none,Mayor Brunst closed the public hearing.
Mr.Seastrand said this current proposal made sense;however,he asked about potential issues in
the future.Mr. Bench said typically residential developments had fences in order to prevent
requirement.
Mr. Lentz said he appreciated the Houghs coming in to discuss their concerns, which were
similar to what was being considered for this item.He asked if the proposed amendments would
only apply to aparking structure,or if they would also allow a developer to construct office
CityCouncilMinutes-November14,2017（p.10)


space directly adjacent to a retaining wall. Mr. Bench answered in the affirmative, but noted that
any new structures would be limited in height. He explained that the slope differential would be
the maximum height, because the roof could not project above that elevation. Mr. Lentz asked if
the City would be putting people in danger by allowing inhabited buildings to be situated next to
retaining walls. Mr. Bench said the retaining walls would be built according to building code
standards to ensure theywereproperly engineered.
Mr. Macdonald asked if this was the type of item where neighbors would have been notified.
Mr. Bench responded in the negative, and explained that this was a City-wide amendment.
Mayor Brunst moved, by ordinance, to amend Section 22-8-8(A) of the Orem City Code
pertaining to setbacks in the Commercial and Professional Office Zones. Mrs. Lauret seconded
the motion. Those voting aye: Richard F. Brunst, Debby Lauret, Sam Lentz, Tom Macdonald,
Mark Seastrand, David Spencer, and Brent Sumner. The motion passed unanimously.
6:00 P.M. PUBLIC HEARING -Landscaping Regulations
ORDINANCE - Amending_ Section 22-14-13(C) of the Orem City Code pertaining to
landscaping in Commercial, Industrial, Business Park, and Multiple Family Lots
Mr. Bench presented the Department of Development Services? request that the City amend
Business Park, and Multiple Family Lots.
The purpose of the landscaping zoning regulations is “(l) to promote pleasant and attractive
surroundings and thereby enhance, conserve, and stabilize property values, and create a more
pleasant community and (2) to reduce heat,noise,and glare through the proper placement of
green plants and trees" as outlined in Section 22-14-13(A). Currently, the regulations for
the use of landscaped areas for storm water retention or detention. This had led to required
landscape areas being used for storm water management in the form of deep, unsightly, and
rocky ditches, which was contrary to the purpose of required landscaping.
Staff supported the limited use of landscaping as a part of storm water management. However,
when most or all required landscaping was in a deep ditch or large detention basin, much of the
landscaped area was not easily visible and was therefore not serving its intended purpose.
Staff requests an amendment to the section of the Orem City Code pertaining to landscaping in
Commercial, Industrial, Business Park, and Multiple Family Lots. Under the proposed
amendment, landscaped areas would still be available for use for storm water detention, but only
in ways that would still meet the original intent of the landscaping requirements. The proposed
amendmentwas outlined below:
SUMMARY OFTEXT AMENDMENT:
Required landscape areas may not be used as storm water detention basins along State Street or
University Parkway;
Required landscape areas adjacent to a collector or arterial street other than State Street or
University Parkway may be used as storm water detention areas provided that the landscape areas
maynotbemorethanonefootbelowgrade;and
Required landscape areas adjacent to any other street may be used as storm water detention basins
City Council Minutes - November 14, 2017 (p.11)


providedthat thelandscape areasmaynotbemorethan threefeetbelowgrade.
Thetextoftheproposedamendmentwassetforthbelow:
Section22-14-13(C)
C.Commercial,Industrial,BusinessPark,and MultipleFamilyLots.In addition to the landscaping
requirements setforth in other sections of the CityCode,developed lotsin commercial,industrial,
BusinessPark,andmultiple-familyresidentialzonesshallcomplywiththefollowingrequirements:
1.Thestripoflandbetween thebackofthecurb and thelotline,exclusive ofsidewalksshall be
landscaped.
2. Alllandscaped areas shall beseparatedfrom off-streetparking areas and drivewaysby a concrete
curborothermaterial approvedbytheCity.
3. Unless expressly allowed by another section of the City Code, a required landscape area along
State Street or University Parkway may not be graded to a level that is below the average grade of
the front and back of the required landscaping. A required landscape area may not be graded to a
depth of greater than one foot below grade when adjacent to a collector or arterial street (other
than State Street or University Parkway) or to a depth of greater than three feet below grade when
adjacent to any other street. The depth of any point in a landscape area shall be calculated by
measuring it against the average grade of the two points located at the front and back of the
required landscaping along a line that runs perpendicular to the adjacent street.
The Planning Commission recommended the City Council, by ordinance, amend Section 22-14-
13(C) of the Orem City Code pertaining to landscaping in Commercial, Industrial, Business
Park, and Multiple Family Lots.Staff supported the Planning Commission recommendation.
MayorBrunstaskedMr.Benchtoelaborateonthelanguagepertaining tolow-impact
developments.Mr.Bench said as per State law, cities required developers to maintain roof
drainage, rainfall, etc. on their own sites. This was being done through landscaping swells,
wherewaterwasguided inorder todissipateintothegrassorrock.In ordertoencourage this
practice within the City, staff allowed a foot depth in landscaping requirements.
Mr.Lentzwantedtoreiteratethattheseamendmentswereonlyapplicablegoingforward;
changeswouldnotbemaderetroactively.Mr.Benchsaid thiswascorrect,andaddedthat the
only exception was if a property owner was redeveloping their site.
Mayor Brunst opened the public hearing. Seeing none, Mayor Brunst closed the public hearing.
Mr.Lentz moved,byordinance,toamend Section 22-14-13(C)of the Orem City Code
pertaining landscaping in commercial, industrial business park and multiple family lots.Mr.
Macdonald seconded the motion.Those voting aye:Richard F.Brunst,DebbyLauret,Sam
Lentz,TomMacdonald,MarkSeastrand,David Spencer,andBrentSumner.Themotionpassed
unanimously.
COMMUNICATIONITEMS
The Monthly Financial Summary for September 2017 was included in the packets distributed to
the City Council.
CityCouncil Minutes-November14,2017（p.12)


CITYMANAGERINFORMATIONITEMS
TherewerenoCityManagerInformationItems.
ADJOURNMENT
Mr.Spencer moved to adjourn the meeting.Mr.Macdonald seconded the motion.Those voting
aye:Richard F.Brunst,Debby Lauret,Sam Lentz,Tom Macdonald,Mark Seastrand,David
Spencer,and BrentSumner.Themotionpassed unanimously.
The meeting adjourned at 6:41 p.m.
CORPORATE
SEAL
ClommaR.&eaver
DonnaR.Weaver,CityRecorder
Approved:December12,2017
CityCouncilMinutes-November14,2017(p.13)