[PAGE 1] CITY OF OREM PLANNING COMMISSION MEETING 56 North State Street, Orem, Utah January 7, 2026 This meeting may be held electronically to allow a Commission member to participate. [IGNORE_INDENT] 4:30 PM WORK SESSION – AGENDA REVIEW, CITY COUNCIL CONFERENCE ROOM, 56 NORTH STATE STREET, OREM, UT 1 Discussion: Chair and Vice Chair Elections 2 Other Commission Business 5:30 PM REGULAR SESSION – CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. INVOCATION/INSPIRATIONAL THOUGHT: BY INVITATION 3. CONSENT AGENDA ITEMS 3.1 Approval of Minutes for 12/03/2025 Planning Commission Meeting 3.2 Approval of Minutes for 12/17/2025 Planning Commission Meeting 4. ACTION ITEMS AND PUBLIC HEARINGS 4.1 Election of Planning Commission Chair and Vice Chair for 2026 4.2 Preliminary Plat - Rolling Sand Plat A - Located at approximately 1765 S Sandhill Road - Creation of a flaglot 4.3 Public Hearing — Johnson Farms Rezone (with development agreement) — Located at approximately 1738 South Geneva Road — 4.43 acres from OS5 to C2 zoning. The Council wanted the applicants to come back with their request connected to a development agreement that would limit the uses of the property. The request has been re- n oticed for public hearings again, this time with the agreement included. 5. ADJOURN THE PUBLIC IS INVITED TO PARTICIPATE IN ALL PLANNING COMMISSION MEETINGS. Page 1 of 52 [PAGE 2] If you need a special accommodation to participate in the Planning Commission Meetings and Study Sessions, please call the Development Services Office at least 3 working days prior to the meeting. (Voice 801-229-7183) This agenda is also available on the City's webpage at orem.org [IGNORE_INDENT] Page 2 of 52 [PAGE 3] DRAFT MINUTES FOR DECEMBER 3, 2025 CITY OF OREM PLANNING COMMISSION MEETING MINUTES December 3 2025 The following items are discussed in these minutes: CONSENT AGENDA ITEMS: ● Approval of Minutes for the 11-19-2025 Planning Commission Meeting ACTION ITEMS: ● Preliminary Plat - Pearson Subdivision - Located generally at 233 South 400 West A recording of the meeting can be viewed online at https://www.youtube.com/watch?v=1ni2HmJSFJ8 PLANNING COMMISSION WORK SESSION Place: Orem City Council Conference Room, 56 North State Street At 4:39 p.m. Chair Komen called the Planning Commission meeting to order at approximately 4:39 PM - Adjustment Those present: Madeline Komen, Haysam Sakar, Mike Carpenter, Rod Erickson, Jerry Crismon, Planning Commissioners; Jared Hall, Grant Allen, Grace Bjarnsen, Rebecca Gourley, Planning and Zoning Staff; Dave Spencer, City Council Liaison; Crystal Muhlestein, City Councilmember Elect. Those excused: Britton Runolfson, Jim Hawkes, Planning Commission members. 1. OPMA VIDEO Commissioners and Staff reviewed the State’s required training video on Open Public Meetings. 2. CONCERNS ABOUT NEIGHBORHOOD MEETINGS Commissioners and Staff discussed issues regarding the timeliness of neighborhood meeting notices and their associated cancellations. 3. GENERAL PLAN DISCUSSION: ARTS AND RECREATION OPPORTUNITIES Commissioners and Staff discussed opportunities to include arts and recreation opportunities in the general plan and discussed including elements of the heART of Orem plans. Page 3 of 52 [PAGE 4] DRAFT MINUTES FOR DECEMBER 3, 2025 PLANNING COMMISSION MEETING Place: Orem City Council Chambers, 56 North State Street At 5:34 p.m. Chair Komen called the Planning Commission meeting to order. An invocation was offered by Rod Erickson. Those present: Madeline Komen, Haysam Sakar, Mike Carpenter, Rod Erickson, Jerry Crismon, Planning Commission Members; Dave Spencer and Crystal Muhlestein, City Council Liaison and Councilmember Elect; Jared Hall, Grant Allen, Grace Bjarnsen, Rebecca Gourley, Planning and Zoning Staff Members. Those excused: Britton Runolfson, Jim Hawkes, Planning Commission member; Matt Taylor, Senior Planner. Agenda Item 3, Consent Agenda Items ● 3.1 Approval of Minutes for the 11-19-2025 Planning Commission Meeting ● 3.2 Approval of the 2026 Planning Commission Meeting Calendar Planning Commission Action: Chair Komen introduced the Consent Agenda. Rod Erickson motioned to approve the agenda. Haysam Sakar seconded the motion. Yes: Madeline Komen, Haysam Sakar, Mike Carpenter, Rod Erickson, Jerry Crismon No: None Agenda Item 4.1 “HOME DEPOT REZONE” - A request to rezone the property located generally at 575 East 1000 South from R8 to PD-34 by amending article 22-5-3(A) and the zoning map of the City of Orem Before the item was introduced, the Planning Commission paused for a legal review regarding a potential conflict of interest. Commissioner Haysam Sakar advised that his business recently began renting property and coordinating events with Woodbury Corp., the applicant of the Home Depot rezone, in American Fork. City Attorney Aaron McKnight advised that, because there was no shared financial interest in the Home Depot rezone project and the business venture was happening in a different city, there was no conflict of interest. The Planning Commission resumed. Staff member Jared Hall introduced the Home Depot Rezone project, located at approximately 575 East 1000 South. This location is currently zoned R8 and the applicant seeks to rezone the property to PD-34 so that it may be included in a future home depot site plan. Per the concept site plan, the rezoned lot is primarily intended to serve as overflow parking for Home Depot, and would be subject to the following PD-34 requirements: 1. Structures in the PD-34 zone must be set back 20 feet from a property line that abuts a residential zone 2. An 8 foot tall masonry wall must be constructed along property lines abutting residential zones 3. An 8 foot wide landscaping buffer is required along the property line Page 4 of 52 [PAGE 5] DRAFT MINUTES FOR DECEMBER 3, 2025 4. Must adhere to the 35 foot height requirement in the “Limited Zone” areas, as designated by Appendix BB Chair Komen reminded Commissioners and attendees the item up for discussion was for the rezone, and that the site plan would be reviewed at a later date. Chair Komen opened the item for Commission discussion. Commissioner Jerry Crismon requested to view the land use code for the PD-34 zone. Mr. Crismon advised that he would prefer a zone that has more limited land uses, as the PD-34 has a large list of greatly varied uses, which makes it difficult to ensure a developer builds a specific site. Commissioner Haysam Sakar commented that it was possible for Home Depot to modify the site plan so that the building and parking flow would fit without the property at 575 East 1000 South. Staff agreed this may be possible. Chair Komen invited the applicant, Dan Olsen, to come forward. Mr. Olsen did not have any questions or additional comments, and neither did the Commission. Chair Komen then opened the meeting for public comment at 5:49 PM. Public Comment: Annette Olson, Neighbor: Ms. Olsen addressed concerns on her and her neighbors’ behalf. She asked about the 20 foot minimum setback along the property line, and expressed concern regarding the proximity of Home Depot’s loading dock to her home. Ms. Olsen commented that an 8 foot wall would not be sufficient and requested a 12 foot wall along the property line. Comment closed at 5:53 PM. A recording of the meeting can be viewed online at https://www.youtube.com/watch?v=rAl6sSbXFf8 Commissioner Rod Erickson asked Staff if it is possible to implement a 12 foot wall. Mr. Hall advised the request could be incorporated into the recommendation for City Council, but would otherwise be determined during site plan review. Annette Olsen again came to the stand to ask about on which side of the property line the wall would be located, and again emphasized the closeness of the development to her home. Chair Komen offered to talk about the concerns after the meeting, as the Public Comment section of the meeting had been closed. Dan Olsen came up for final comments on the project’s setbacks and future site plan design. Kathy Olsen, a co-applicant from Woodbury Corp., arrived late and was invited to make a statement. Kathy Olsen advised that Woodbury Corp. wanted to purchase and rezone the property to straighten out property lines between the neighborhood and the University Place projects. She and Dan Olsen discussed plans to heavily vegetate the property lines to mitigate sound and light impact. The Commission discussed final comments before initiating a vote. Commissioner Crismon expressed concern for the rezone, noting that there was not a reason to change the zoning until the Commission was certain of what was to be built. Vice Chair Mike Carpenter commented that the PD-34 zone is more restrictive than the C2 zone. There were no further comments. Chair Komen asked for a motion. Planning Commission Action: Rod Erickson motioned to forward a recommendation of approval for the Home Depot Rezone project. Haysam seconded the motion. Page 5 of 52 [PAGE 6] DRAFT MINUTES FOR DECEMBER 3, 2025 YES: Haysam Sakar, Madeline Komen, Rod Erickson NO: Mike Carpenter, Jerry Crismon ABSTAIN: None Due to a lack of four positive or negative votes, the Home Depot Rezone project was forwarded to the City Council with no recommendation. Final Meeting Comments: No further comments were made. Adjournment: Chair Komen asked for a motion to adjourn. Vice Chair Mike Carpenter motioned to adjourn, Haysam Sakar seconded. All Commissioners voted in favor. The Planning Commission Meeting adjourned at 6:10p.m. Reviewed and Approved: DRAFT Page 6 of 52 [PAGE 7] DRAFT MINUTES FOR DECEMBER 17, 2025 CITY OF OREM PLANNING COMMISSION MEETING MINUTES December 17, 2025 The following items are discussed in these minutes: CONSENT AGENDA ITEMS: ● Approval of Minutes for the 11-03-2025 Planning Commission Meeting (Pulled from the agenda due to clerical issue) ACTION ITEMS: ● Plat Amendment — Cove Estates Plat J — Located at approximately 1030 N 1510 East — Combining 2 lots into 1 lot ● Preliminary Plat — Rolling Sand Plat A — Located at approximately 1765 S Sandhill Road — Creation of a flaglot ● ASH Site Plan — Orchard Grove — Located at approximately at 575 W 1700 North — Affordable senior housing fourplex A recording of the meeting can be viewed online at https://www.youtube.com/watch?v=EQXwylvChUY PLANNING COMMISSION WORK SESSION Place: Orem City Council Conference Room, 56 North State Street At 4:38 p.m. Chair Komen called the Planning Commission meeting to order at approximately 4:38 PM Those present: Madeline Komen, Mike Carpenter, Rod Erickson, Jerry Crismon, Planning Commissioners; Jared Hall, Grant Allen, Grace Bjarnson, Rebecca Gourley, Planning and Zoning Staff; Dave Spencer, City Council Liaison. Those excused: Britton Runolfson, Jim Hawkes, Haysam Sakar, Planning Commission members. 1. ETHICS AND LAW TRAINING Staff reviewed state laws regarding disclosure, conflict of interest, and ethics regulations applicable to elected and/or appointed officials and staff members interacting with City Commissions. Page 7 of 52 [PAGE 8] DRAFT MINUTES FOR DECEMBER 17, 2025 PLANNING COMMISSION MEETING Place: Orem City Council Chambers, 56 North State Street At 5:31 p.m. Chair Komen called the Planning Commission meeting to order. An invocation was offered by Mike Carpenter. Those present: Madeline Komen, Mike Carpenter, Rod Erickson, Jerry Crismon, Planning Commission Members; Dave Spencer and Crystal Muhlestein, City Council Liaison and Councilmember Elect; Jared Hall, Grant Allen, Grace Bjarnson, Rebecca Gourley, Planning and Zoning Staff Members. Those excused: Britton Runolfson, Jim Hawkes, Haysam Sakar, Planning Commission members Agenda Item 3, Consent Agenda Items ● Approval of Minutes for the 11-03-2025 Planning Commission Meeting Staff addressed a clerical issue with the Consent Agenda. Staff mistitled the minutes as “11-03-2025” when the items provided were intended to be labeled as the “12-03-2025” minutes. Because the item was not noticed with the proper name, Staff and Commissioners agreed to forgo discussion and vote on the proper item at the January 7th, 2026 meeting. No official motion was made. Page 8 of 52 [PAGE 9] DRAFT MINUTES FOR DECEMBER 17, 2025 ACTION ITEMS: 4.1 PLAT AMENDMENT - COVE ESTATES PLAT J - LOCATED GENERALLY AT 1030 NORTH 1510 EAST Staff member Jared Hall presented the Cove Estates Plat J Plat amendment, located generally at 1030 North 1510 East in the R12 zone. The applicant requests to combine the lots located at 1030 North 1510 East and 1006 North 1520 East into one lot, resulting in one double-frontage lot. Staff explained that double frontage lots have additional regulations and advised that conditions be applied to the lot to ensure code compliance, should they choose to approve the plat amendment. These conditions are described in the Staff Report, which was posted as part of the agenda documents and can be accessed at Orem.gov/meetings A recording of this discussion can be viewed online at https://www.youtube.com/watch?v=EQXwylvChUY Jared Hall asked if the Commission had questions. Vice Chair Mike Carpenter asked if PUEs would be altered as part of the amendment. Grace Bjarnson advised that the applicant also requested to alter the Public Utility Easement (PUE) that is currently along the shared backyard property line. This alteration will make the PUE only in favor of Comcast, and remove the easement rights of Century Link, Questar (DBA Enbridge, Dominion Energy), PacifiCorp (DBA Rocky Mountain Power) and Utopia. No further questions were raised. Planning Commission Action: Vice Chair Mike Carpenter motioned to approve the Cove Estates Plat J Plat amendment, subject to the conditions outlined in the staff report. Commissioner Rod Erickson seconded the motion. YES: Madeline Komen, Mike Carpenter, Rod Erickson, Jerry Crismon NO: None ABSTAIN: None Page 9 of 52 [PAGE 10] DRAFT MINUTES FOR DECEMBER 17, 2025 4.2 PRELIMINARY PLAT - ROLLING SAND PLAT A - LOCATED APPROXIMATELY AT 1765 SOUTH SANDHILL ROAD Staff member Jared Hall presented the Rolling Sand Plat A Plat Amendment, located in the R8 zone at approximately at 1765 South Sandhill Road.The applicant requests to create a flag lot at the rear of the property currently located at 1765 S. Staff and Commissioners reviewed the frontage, size, and access requirements for the flag lot. A recording of this discussion can be viewed online at https://www.youtube.com/watch?v=EQXwylvChUY Jared Hall asked if the Commission had questions. Vice Chair Carpenter requested to review the location of the property. Chair Komen asked if a second driveway would be made to service the flag lot. Mr. Hall advised that the existing driveway would be extended, and a second driveway would not be made. Commissioner Rod Erickson asked for clarification on the existing zone. Staff clarified that the lot is zoned R8. Vice Chair Carpenter expressed concern for the traffic on Sandhill Road, commenting that the rezone of the Wilkerson Farm location (Whitestone Estates), will exacerbate the traffic at this location. No further questions were raised. Planning Commission Action: Commissioner Erickson motioned to approve the Rolling Sand Plat amendment. Commissioner Jerry Crismon seconded the motion. YES: Madeline Komen, Rod Erickson, Jerry Crismon NO: Mike Carpenter, Page 10 of 52 [PAGE 11] DRAFT MINUTES FOR DECEMBER 17, 2025 ABSTAIN: None A total of either four negative or four positive votes were required to complete a motion on the property. Due to an insufficient number of solidary votes, the motion failed. Chair Komen asked the present Legal Counsel how to proceed with a vote for the item. Gary McGinn advised that a member of the majority vote may make a motion to reconsider the item at a later date. Planning Commission Action: Commissioner Erickson motioned to reconsider the vote on the Rolling Sand Plat amendment. Commissioner Jerry Crismon seconded the motion. YES: Madeline Komen, Rod Erickson, Jerry Crismon NO: Mike Carpenter, ABSTAIN: None Due to the vote, the motion to reconsider was not approved. Mr. McGinn advised that he would contact the applicant to determine if he or she would be interested in approaching the Planning Commission again at a later date. Page 11 of 52 [PAGE 12] DRAFT MINUTES FOR DECEMBER 17, 2025 4.3 AFFORDABLE SENIOR HOUSING SITE PLAN - ORCHARD GROVE SENIOR FOURPLEX - LOCATED AT APPROXIMATELY 575 WEST 1700 NORTH IN THE R8 ZONE Staff member Jared Hall introduced the site plan for the Orchard Grove Senior Fourplex.The Affordable Senior Housing (ASH) overlay allows for the creation of senior housing fourplexes, provided they are compliant with section 22-12-7. Per this section, ASH site plans must be reviewed and approved by the Planning Commission. A recording of the Site Plan presentation (including discussion regarding its income limits, parking requirements, occupancy capacity, and other code requirements) can be viewed online at https://www.youtube.com/watch?v=EQXwylvChUY Mr. Hall asked if the Commission had questions. Vice Chair Carpenter asked if it is possible for the property to be converted into a general fourplex. Mr. Hall clarified that if seniors are removed from the housing, the structure must revert back to a single family dwelling, as required per the R8 zone. All occupancy benefits of the ASH overlay then be removed. Vice Chair Carpenter also asked about the front yard setback of the property. The structure will be set back 25 feet, as dictated by the R8 zone. Planning Commission Action: Vice Chair Carpenter motioned to approve the Orchard Grove Senior Fourplex Site plan. Rod Erickson seconded the motion. YES: Madeline Komen, Mike Carpenter, Rod Erickson, Jerry Crismon NO: None Page 12 of 52 [PAGE 13] DRAFT MINUTES FOR DECEMBER 17, 2025 ABSTAIN: None Final Meeting Comments: Mr. McGinn thanked the Commission on behalf of the City Council. Both Mr. McGinn and Commissioner and expressed their appreciation for the Commission’s Liaison, Dave Spencer. Adjournment: Chair Komen asked for a motion to adjourn. Vice Chair Mike Carpenter motioned to adjourn, Rod Erickson seconded. All Commissioners voted yes. The Planning Commission Meeting adjourned at 5:56 p.m. Reviewed and Approved: DRAFT Page 13 of 52 [PAGE 14] PLANNING COMMISSION 4.2 Rolling Sand Plat A, Preliminary January 7th, 2025 ___________________ Rolling Sand Plat A 1765 South Sandhill Road Prepared By: Jared Hall Preliminary Approval, single-family deep lot Administrative subdivision in the R8 Zone. Applicant: Skyeline Homes Notices: *NOTE: This request for preliminary subdivision approval was reviewed at Posted in 2 public places. the Planning Commission meeting on December 17th, 2025; however, the Commission was unable to pass any vote at that time. Since no action was Posted on City Webpage and City hotline. taken, the item has been re-scheduled for review on the current agenda. Posted at Utah.gov/pmn. REQUEST: Sklyeline Homes requests preliminary subdivision approval to allow the creation of a new lot directly to the rear of the existing home on Site Information: 1765 South Sandhill Road and make minor adjustments to the property line General Plan Designation: between 1765 South and 1785 South Sandhill Road. The proposed Low Density Residential subdivision will result in one additional building lot. Neighborhood: BACKGROUND: In this proposed subdivision, a deep/flag lot will be created Lakeview from the rear area of the existing lot at 1765 South Sandhill Road. The existing house on the property will remain, and a new building lot will be created. Also involved in the subdivision is the adjacent, developed lot at Zoning: R8 1785 South Sandhill Road. The property lines between 1765 and 1785 will be modified slightly to create a wide enough access for the new deep lot. Both Total Acreage: .90 acres of the existing homes at 1765 South and 1785 South will remain. Action: The Planning Commission is the Land Use Authority for this item. Figure 1: 1765 & 1785 South Sandhill Road, aerial 1 Page 14 of 52 [PAGE 15] REVIEW & ANALYSIS: Zoning – The subject property is zoned R8, Single Family Residential. The proposed preliminary subdivision includes a deep lot (sometimes referred to as a “flag lot”) which is permissible under Article 17-8-1 if approved by the Planning Commission. Depp lots can be created to allow the development of land where there is limited access for frontage on the public right-of-way (ROW). The proposed lots will meet the requirements of the R8 Zone and of Article 17-8-1 for deep lot subdivision. Public Improvements – The subject property is accessed from Sandhill Road, where improvements to the right-of-way such as curb, gutter, and sidewalk already exist. The other lot involved (1785 South Sandhill) has frontage on both Sandhill Road and 1800 South where improvements already exist. No new ROW improvements are necessary as part of this subdivision. Lots – The preliminary subdivision has been reviewed for compliance with the R8 Zone development standards as well as for all requirements specific to deep lot subdivision. Required setbacks are shown on the preliminary plat illustrating that they are being met by existing structures and that they could easily be met with new construction on proposed Lot 2. Figure 2: from the Preliminary Plat, Rolling Sand 2 Page 15 of 52 [PAGE 16] Under the requirements of Article 17-8-1, a deep lot must be a minimum of 125% of the required lot size of the zone (R8), or 10,000 ft2 in this case. Lot 2 will comply with the deep lot and R8 requirements. Lot 1 and Lot 3 must be a minimum of 8,000 ft2, and both exceed that requirement. Lot 1 – 12,965 ft2 Lot 2 – 13,997 ft2 Lot 3 – 12,365 ft2 Other Deep Lot Restrictions – Article 17-8 carries includes some other requirements for deep lots that should be noted. - Curbing: The private drive access – whether owned as part of the deep lot or provided as an easement over the original lot – must include concrete curbs on both sides. 17-8-C(5) - Height: Houses constructed on deep lots in the R8 Zone are not allowed to exceed one story above grade (unless the net areas is greater than 15,000 ft2). 17-8-C(7)(a) Compliance with these sections of the subdivision code should be conditions of approval if the preliminary approval is granted. Access – Lot 1 has direct access from Sandhill Road. Lot 2 will include a twenty-foot (20’) wide easement for access to Sandhill Road running over the existing driveway for Lot 1. Lot 3 has primary access to 1800 South, and a small access on Sandhill Road. No new access onto Sandhill Road will be created by this subdivision. Parking – No parking is allowed in the 20’ access easement (the stem portion of Lot 3) or within the turnaround that is provided between Lots 1 and 2. Each lot will have space for private driveways, garages, or other parking areas to provide the required off-street parking. Other – There are no elevations or home plans for the proposed lots: the subdivision will be recorded and the new building lot (Lot 2) will be made available for purchase by individuals to build on. The only allowable uses are single family detached homes. DEVELOPMENT REVIEW COMMITTEE: The Preliminary Subdivision has passed the technical reviewing body, and the Development Review Committee (DRC) reviewed and approved the application at their public meeting on Monday, December 8th, 2025. ACTIONS: The Planning Commission is the designated Land Use Authority for preliminary subdivisions. The Commission may approve or deny the request for preliminary subdivision or may choose to continue their 3 Page 16 of 52 [PAGE 17] consideration of the request and ask for additional information or analysis. If the preliminary subdivision is approved, a final subdivision application will be reviewed for compliance by city staff and then prepared for recording. Staff has noted conditions that should be included if the Planning Commission chooses to approve the preliminary subdivision. Alternative Motions – “I move that the Planning Commission [choose: APPROVE or DENY] the Rolling Sand Plat-A, Preliminary Subdivision, subject to the following conditions: 1. The applicant shall file a Final Subdivision application meeting all requirements of the Orem City Zoning and Subdivision Ordinances. 2. The Final Subdivision Plat shall comply with deep lot requirements as contained in Article 17-8 of the Orem City Code. “I move that the Planning Commission continue this request to [choose appropriate date or condition].” 4 Page 17 of 52 [PAGE 18] Rolling Sand Plat A – 1765 S Sandhill Road Vicinity Map Zone: R8 Subdivision Acres: Approx .92 Acres Page 18 of 52 [PAGE 19] Rolling Sand Plat A – 1765 S Sandhill Road Zoning Map Zone: R8 Subdivision Acres: Approx .92 Acres Page 19 of 52 [PAGE 20] Rolling Sand Plat A – 1765 S Sandhill Road Current Street View Page 20 of 52 [PAGE 21] S N A N PROJECT D LOCATION H I L L Y IT C 5' PUE M E R 5' PUE O VICINITY MAP LOT 2 5' PUE 5' PUE MMB JTB MWB NOTES: 1. The fire protection items (fire hydrants, water mains, access roads, etc.) 5. All utilities, including water and sewer laterals, water and sewer mains, shown on this site plan are preliminary only. Detailed fire protection plans storm water drains, storm water sumps, sewer manholes, water valves, etc., shall be submitted with the building plans. Plan reviews by the City of Orem Water laterals or mains shall not be located under covered parking areas Fire Prevention Bureau shall be completed prior to the issuance of a building and shall be installed according to CHAPTER 21 of the Orem City Code. permit. The plan reviews by the City of Orem Fire Prevention Bureau may identify additional fire protection requirements mandated by the International 6. All roof drainage shall be routed through on-site storm water management Fire Code. Fire hydrant foot valves shall be installed at the connection point facilities or to landscaped areas. with the main water lines. 7. At the time of construction, the City of Orem may determine based on 2. All landscaped areas shall have an automatic, underground sprinkling system professional experience and judgment and at its sole discretion, the need which includes a back-flow device to the building. Back-flow devices shall be for the Owner/Developer to pay for, remove, and replace any existing DEVELOPER: installed and tested in accordance with Section 21-1-14 of the Orem City Code. substandard improvements such as curbs, gutters, sidewalks, drive Water meter sizes shall be determined by the City of Orem Building Division approaches, driveways, decorative concrete, wheelchair ramps, etc., at the time of building permit approval or when there is a request to change or any unused drive approaches. the water meter size. Water meters shall be located at the back of sidewalk or curb in an area that is accessible for reading and servicing. Water meters 8. All construction shall conform to the City of Orem construction standards shall not be located within areas enclosed with fences or within ten feet (10') and specifications unless the improvement is within the UDOT right-of-way, of any existing or proposed structure. in which case the construction shall conform to UDOT construction standards and specifications. 3. If required by CHAPTER 20 of the Orem City Code or by the applicant's Permit for Industrial Wastewater Discharge, a sampling manhole and fat 1-800-662-4111 and oil separator/grease trap shall be installed in accordance with the City of Orem Standards and Specifications. R 4. All signage shall comply with the requirements of the Orem City Code. Know what'sbelow. Office: (801) 377-1790 Fax: (801) 377-1789 Calblefore you dig. 578 East 770 North, Orem UT 84097 A TALP DNAS GNILLOR TU ,MERO TALP YRANIMILERP 13,997 SF BOUNDARY DESCRIPTION BASIS OF BEARING: N89°34'24"W - 2677.73' (ALONG SECTION LINE) N89°34'24"W - 923.20' SOUTHWEST CORNER SECTION 27, SOUTH QUARTER CORNER SECTION 27, TOWNSHIP 6 SOUTH, RANGE 2 EAST, TOWNSHIP 6 SOUTH, RANGE 2 EAST, SALT LAKE BASE AND MERIDIAN SALT LAKE BASE AND MERIDIAN (FOUND COUNTY MONUMENT) (FOUND COUNTY MONUMENT) HOWARD NELSON SUPERIOR REAL ESTATE AND CONSTRUCTION 801-318-5233 1949 West, 1600 North, Provo, Utah, 84604 2021.053 yB etaD .oN SNOISIVER Date setoN Designed Drawn Checked PROJECT NO. SHEET NO. :eltiT :noitacoL :emaN gniwarD 1.00 9871-773 )108( :xaF 0971-773 )108( :eciffO 79048 TU merO ,htroN 077 tsaE 875 LEGEND SUBDIVISION BOUNDARY PUBLIC UTILITY EASEMENT BUILDING SETBACK LINE FOUND SECTION CORNER Typical Lot Setbacks Detail (N.T.S.) Single Family PRINT DATE: 11/24/2025 TNORF '52 KCABTES .PYT 10' SIDE SETBACK TYP. 25' REAR SETBACK TYP. .E.U.P '01 ROLLING SAND PLAT "A" PRELIMINARY PLAT ALISA AND LAURA MASEULI 19:025:0171 LAURA MASEULI SCALE 1" = 20' 19:025:0219 D 0 20 40 60 80 325.23' P.O.B. C 157.94' 1 167.29' 5 1 ' 0 ' FOR SUBMITTAL 25' 25' 25' 10' PUE NOV. 2025 8 LOT 1 8 CORP OF PRES BISHOP CHURCH . 2 OF JESUS CHRIST OF LATTER-DAY 12,965 SF 3 9 SAINTS ' 0 19:025:0179 . 9 2 5 ' 1 6 9 . ' 9 9 N 70°17'14" E - 10.58' S ' 48.17' ( S 5 E A 74.70' ' X N I S D 1 T H L1 20' WIDE ACCESS & PRIVATE SEWER AND 5 . P I WATER SERVICE EASEMENT IN FAVOR OF LOT 2 ' L U B L L M L2 LR 155.91' I D 48.54' E C ) C4 F 76.58' N K 5' PUE 2 5 ' C 3 C 5 5' PUE 10' PUE L1 M LOT 3 L MASHELLMARIE AND HUNTER STOTT ' 53:086:0001 0 C4 2 12,365 SF 10' 1 LANDON DOUGLAS AND TREGAN JOHNSON J 2 19:025:0097 NEW LOT RANDY AND TERESA POND 1 J LINE 53:182:0003 . 6 2 OCT. 2025 PUBLIC RIGHT OF WAY ' DEDICATED TO THE CITY OF OREM: 6 SF A B 9 5 . 6 2 10' PUE 5 0 ' ' T E E R C 1 G 1800 SO U IS T T H . P S U T B L IC ) X (E C2 I H 5' P.U.E. 20' SIDE SETBACK TYP. ENGINEER/SURVEYOR: Note: No driveway or drive access may be loacted within twenty-five feet (25') of an existing fence which is greater than three feet (3') in height. Doing so would †" REBAR & CAP (BOUNDARY) result in the fence being within the Clear Vision Area asssociated with the drive way or drive access as described in Section 22-14-19 ZONE: R8 Page 21 of 52 [PAGE 22] S A N N PROJECT D LOCATION H I L L SCALE (FEET) 0 20 40 60 80 Y IT 4 C 5 M E 8 R 0 O 4 5 VICINITY MAP 7 5 LOT 2 LOT 1 4 5 8 5 MSS EPP S S A ( N P D U H B I L L I L C ) R 4 D 5 MSS 8 4 5 0 7 5 MMB JTB MWB FEB 2022 5 4 7 5 5 8 5 4 4 5 8 0 4 5 7 MSS 5 1-800-662-4111 R Know what'sbelow. Calblefore you dig. A TALP DNAS GNILLOR TU ,MERO EXIST. HOUSE TO REMAIN EXIST. GARAGE HAS REMOVE EXIST. WM BEEN REMOVED NALP LAVOMER YRANIMILERP EXIST. POWER POLE REMAINS EXIST. FENCE TO BE REMOVED 2021.053 yB etaD .oN SNOISIVER Date setoN Designed Drawn Checked PROJECT NO. SHEET NO. :eltiT :noitacoL :emaN gniwarD 1.01 9871-773 )108( :xaF 0971-773 )108( :eciffO 79048 TU merO ,htroN 077 tsaE 875 NOV. 2025 EXIST. CURB & GUTTER TO REMAIN EXIST. FH TO REMAIN REMOVE EXIST. DRIVEWAY L 6T8 .3R14 5.16048642.000 EXIST. HOUSE TO REMAIN LOT 3 DEVELOPER: HOWARD NELSON SUPERIOR REAL ESTATE AND CONSTRUCTION 801-318-5233 1949 West, 1600 North, Provo, Utah, 84604 ENGINEER/SURVEYOR: Office: (801) 377-1790 Fax: (801) 377-1789 578 East 770 North, Orem UT 84097 PRINT DATE: 11/24/2025 Page 22 of 52 [PAGE 23] S N A PROJECT N LOCATION D H I L L SCALE (FEET) 0 20 40 60 80 Y IT C M 4 E R 5 O 8 0 VICINITY MAP 4 5 7 5 LOT 2 LOT 1 4 5 8 5 S S A ( N P D U H B I L L I L C ) R 4 D 5 8 4 5 0 MMB 7 JTB 5 MWB FEB 2022 5 4 7 5 5 8 5 4 4 5 8 0 4 5 7 5 1-800-662-4111 R Know what'sbelow. Calblefore you dig. A TALP DNAS GNILLOR TU ,MERO 13,997 SF NALP GNIDARG YRANIMILERP 2021.053 yB etaD .oN SNOISIVER Date setoN Designed Drawn Checked PROJECT NO. SHEET NO. :eltiT :noitacoL :emaN gniwarD 1.02 9871-773 )108( :xaF 0971-773 )108( :eciffO 79048 TU merO ,htroN 077 tsaE 875 4587.55 4580.00 4573.90 4576.54 4" THICK CONCRETE 20' WIDE DRIVEWAY EXIST. CURB CUT 4573.94 4576.54 4" THICK CONCRETE 20'x20' PARKING AREA 4581.00 4574.24 4574.34 4578.00 EXIST. CURB CUT 1.00% 4586.78 4581.00 4" THICK CONCRETE 20' WIDE DRIVEWAY LOT 3 12,365 SF PRINT DATE: 11/24/2025 AERA NOITNETER 9754 = POT 8754 = MOTTOB NOV. 2025 1.00% 4573.84 4573.89 12,971 SF RETENTION AREA TOP = 4573 BOTTOM = 4572 4574.34 GRADE TO XXXX.XX FINISHED GRADE ELEVATION RETENTION AREA THALWEG SEE DRIVEWAY DETAIL SHEET 2.00 FLOW ARROW E 4578.00 X IS 4576.00 T . S ID E NOTE: W A THE STORM WATER FROM LOT 2 L K CANNOT MOVE TO LOT 1 SLOPE AWAY FROM EXISTING SIDEWALK AT A MINIMUM OF 1.00%. CONTRACTOR TO GRADE DRIVEWAY AS SHOWN TO DIRECT FLOW ON DRIVEWAY TO RETENTION AREA. DRIVEWAY FLOW DIRECTION DETAIL NTS DEVELOPER: HOWARD NELSON SUPERIOR REAL ESTATE AND CONSTRUCTION 801-318-5233 1949 West, 1600 North, Provo, Utah, 84604 ENGINEER/SURVEYOR: Office: (801) 377-1790 Fax: (801) 377-1789 578 East 770 North, Orem UT 84097 Page 23 of 52 [PAGE 24] N MW SCALE (FEET) 0 20 40 60 80 5' PUE 5' PUE 10' PUE LOT 1 EXIST. SEWER LAT. NOV. 2025 LOT 2 12,971 SF 5' PUE 13,997 SF NOTE: 10' (MINIMUM) SEPERATION REQUIRED BETWEEN WATER SERVICE AND SEWER LATERAL. CLEAN OUTS REQUIRED EVERY 75' ON THE SEWER LATERAL. MSS 5' PUE C WM EPP H M MSS S S MMB A LOT 3 JTB ( N P D U H MWB B L IL MW 12,365 SF FEB 2022 IC L R ) D WM C MW DCB H PTCB M B CT P H M DCB H MSS PTCB M DEVELOPER: HOWARD NELSON H M MW SUPERIOR REAL ESTATE AND CONSTRUCTION 801-318-5233 1949 West, 1600 North, WM Provo, Utah, 84604 ENGINEER/SURVEYOR: 1-800-662-4111 R Know what'sbelow. Calblefore you dig. A TALP DNAS GNILLOR TU ,MERO NALP YTILITU YRANIMILERP 2021.053 yB etaD .oN SNOISIVER Date setoN Designed Drawn Checked PROJECT NO. SHEET NO. :eltiT :noitacoL :emaN gniwarD 1.03 9871-773 )108( :xaF 0971-773 )108( :eciffO 79048 TU merO ,htroN 077 tsaE 875 NEW 1" WM EXIST. FH W/ RPZ BACKFLOW ASSEMBLY LOT 1 NEW 1" WM W/ RPZ BACKFLOW ASSEMBLY ASPHALT T PATCH LOT 2 SEE DETAIL SHEET 1" WATER STUB EXIST. SSMH LID = 4573.35 4" SEWER LAT FL = 4563.75 CLEAN OUT CLEAN OUT REMOVE EXIST. 1" WM BEHIND SIDEWALK CLEAN OUT DELETE EXIST. SERVICE AT WATER MAIN EXIST. POWER POLE 20' ACCESS & PUE EASEMENT IN FAVOR OF LOT 2 EXIST. 12 " WATERLINE EXIST. 21" LINED CONCRETE SEWER PIPE ASPHALT T PATCH SEE DETAIL SHEET EXIST. SSMH LID = 4573.50 FL = 4563.80 Office: (801) 377-1790 Fax: (801) 377-1789 578 East 770 North, Orem UT 84097 PRINT DATE: $DATE$ Page 24 of 52 [PAGE 25] A TALP DNAS GNILLOR TU ,MERO 2021.053 yB etaD .oN SNOISIVER Date setoN Designed Drawn Checked PROJECT NO. SHEET NO. :eltiT :noitacoL :emaN gniwarD 2.00 9871-773 )108( :xaF 0971-773 )108( :eciffO 79048 TU merO ,htroN 077 tsaE 875 PRINT DATE: 11/21/2025 TEEHS LIATED 10' 10' SLP = 2.00% SLP = 2.00% 4" CONCRETE DRIVEWAY DETAIL NOV. 2025 Page 25 of 52 [PAGE 26] A PARCEL OF LAND SITUATE IN THE EAST HALF OF THE SOUTH WEST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 2 EAST, OREM, UTAH COUNTY, UTAH, SALT LAKE BASE AND MERIDIAN, MORE PARTICARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT LOCATED 923.20 FEET NORTH 89°34’24” WEST ALONG THE SECTION LINE AND 1574.07 FEET NORTH FROM THE SOUTH QUARTER CORNER OF SAID SECTION 27; AND RUNNING THENCE NORTH 88°12'00" EAST A DISTANCE OF 325.23 FEET, THENCE SOUTH 0°48'40" EAST A DISTANCE OF 90.19 FEET, THENCE SOUTH 88°54'53" WEST A DISTANCE OF 155.91 FEET TO THE NORTHEAST CORNER OF LOT 1 TUCKER SUBDIVISION PLAT “B” AS RECORDED IN THE UTAH COUNTY RECORDERS OFFICE FILING NUMBER 6819-81, THENCE ALONG SAID LOT 1 FOR THE FOLLOWING 3 COURSES: 1) SOUTH 7°06'00" EAST A DISTANCE OF 121.62 FEET TO A POINT ON A NON-TANGENT CURVE, 2) ALONG AN ARC 47.23 FEET OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 175.00 FEET, THE CHORD OF WHICH IS SOUTH 64°48'30" WEST FOR A DISTANCE OF 47.09 FEET 3) ALONG AN ARC 14.24 FEET TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, THE CHORD OF WHICH IS SOUTH 84°16'18" WEST FOR A DISTANCE OF 13.71 FEET TO A POINT ON THE EASTERNLY RIGHT OF WAY OF SANDHILL ROAD AS RECORDED IN ENTRY NUMBER 87711:2006, THENCE FOLLOWING SAID RIGHT OF WAY FOR THE FOLLOWING 2 COURSES: 1) NORTH 31°59'27" WEST A DISTANCE OF 95.60 FEET, 2) ALONG AN ARC 68.16 FEET TO THE RIGHT, HAVING A RADIUS OF 1462.00 FEET, THE CHORD OF WHICH IS NORTH 30°39'19" WEST FOR A DISTANCE OF 68.15 FEET, THENCE NORTH 89°15'42" EAST A DISTANCE OF 2.36 FEET, THENCE NORTH 28°27'00" WEST A DISTANCE OF 96.99 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 0.90 ACRES (39,398 SF). LINE TABLE NOTE: BASIS OF BEARING IS NAD 83 HORIZONTAL DATUM, NORTH 89°34’24” WEST IN BETWEEN NAME LENGTH DIRECTION THE SOUTH QUARTER CORNER AND SOUTHWEST CORNER OF SAID SECTION 27. L1 2.36 N 89°15'42" E L2 3.46 N 00°37'10" W CURVE TABLE ARC CHORD CHORD NAME RADIUS DELTA LENGTH DIRECTION LENGTH C1 175.00 47.23 15°27'52" S 64°48'30" W 47.09 C2 15.00 14.24 54°22'39" S 84°16'18" W 13.71 C3 1462.00 68.16 2°40'16" N 30°39'19" W 68.15 C4 1462.00 3.16 0°07'25" N 29°22'54" W 3.16 C5 1462.00 65.00 0°32'51" N 30°43'02" W 65.00 Page 26 of 52 [PAGE 27] Planning Commission 4.3 Johnson Farms Rezone January 7th, 2025 PUBLIC HEARING – ZONING MAP AMENDMENT Prepared By: Request to amend Article 22-5-3(A) and the Zoning Map of Jared Hall the City of Orem by changing the zone of the property located generally at 1738 South Geneva Road from OS5, Applicant: Open Space to C2, Community Commercial. Legislative Washburn Associates (Approximately 4.43 acres) Notices: REQUEST: The applicant requests the Planning Commission forward a Posted in 2 public places recommendation to the City Council to amend Section 22-5-3(A) and the zoning map of the City of Orem by changing the zone approximately 4.43 acres from the Posted on City Webpage and City hotline OS5, Open Space zone to the C2, Community Commercial zone located generally at 1738 South Geneva Road. Posted at Utah.gov/pmn 156 notices sent to property PREVIOUS REVIEW: The application was reviewed by the Planning Commission at owners within a 1,000-foot a public hearing on November 5th, 2025, and subsequently by the City Council at a radius hearing on December 9th, 2025. The City Council directed the applicant to return with the same request coupled with a development agreement that would limit the Site Information: allowed uses in the requested C2 Zone. The public hearing dates have been re- General Plan Designation: scheduled for the application to be reviewed again by both the Planning Community Commission and City Council with the inclusion of a draft development agreement. Commercial Current Zone: OS5 BACKGROUND: The applicant is requesting approval to rezone the property at Acreage: 4.43 approximately 1738 South Geneva Road from OS5, Open Space to C2, Community Neighborhood: Lakeview Commercial with the intent to develop the property commercially. The application to rezone includes a concept plan for a “Flex Retail” project. Action: The Planning Commission is an advisory body in legislative applications and should forward a recommendation to the City Council to approve or deny the requested Zone Map Amendment or may vote to continue the hearing to a future date to allow for further review, additional information, or public comment as may be needed to make a decision. Figure 1: Subject Property aerial and zoning map 1 Page 27 of 52 [PAGE 28] REVIEW & ANALYSIS: General Plan – The property is designated “Community Commercial” on the Future Land Use Map. The requested zoning (C2, Commercial) is listed as one of the preferred zones for this land use designation. Current Zoning – This property is currently zoned as OS5. OS5 allows for low density residential development at a rate of one home per five acres, some cultural and educational public uses (such as churches, primary schools, museums and libraries), and uses related to agriculture. Proposed Zoning – Rezoning the property to C2 would permit a variety of commercial and retail uses at this property, including but not limited to automobile dealerships, restaurants, retail shopping centers, and other similar uses. The applicant has proposed entering into a development agreement with the city in conjunction with the requested zone change that would further limit the allowable uses and the hours of operation on the site in order to mitigate potential negative impacts on the surrounding area. Development Agreement – The proposed development agreement has been attached with this report for your review. The agreement would: 1) Set the concept plan and elevations as the required development. These documents are attached as exhibits to the development agreement. 2) Limit hours of operation for businesses on the site to between 5:00 a.m. and 12:00 a.m. (midnight). 3) Limit the permitted uses. Outdoor storage of any kind would be prohibited, and the following uses normally allowed in the C2 Zone would not be permitted: 5513 Tires and Tubes SLU 5511 Motor Vehicles New and Used SLU 5512 Motor Vehicle Vehicles Used SLU 5530 Gasoline Service Station With or Without Store SLU 5920 Cannabis Pharmacy SLU 5940 Retail Tobacco Specialty Business SLU 5944 Cigars – Cigarettes SLU 6112 Pawn Shops SLU 6214 Laundromats SLU 6232 Tattoos & Body Piercing SLU 6411 Automobile Wash SLU 6412 Auto Lube and Tune Up SLU 6413 Automobile Repair SLU 6414 Auto Body Repair and Paint SLU 6317 Animal Kennels and Runs SLU 6615 Building Construction – General Contractor, Office & Storage SLU 6625 Landscaping Services, Office & Storage 2 Page 28 of 52 [PAGE 29] Concept Plan – The retail project is proposed to include six buildings, designed to resemble farm-like structures. Each structure is designed to be divided into smaller units, ranging from 1,000 ft2 to 6,000 ft2. The concept includes units for both sale and lease. A total of 135 parking spots are included in the concept site plan. Figure 2: Concept Elevations of potential flex retail buildings NOTE: Concept plans are required as part of a rezone application but are not considered binding documents. Any structure, plans, or uses that meet C2 requirements will be allowed in this location if a C2 rezone is passed. Road Realignments – Several roadway projects in this area will have potential impacts to the future development of the subject property. Brief descriptions of the planned realignments are included here for review. • Geneva Road Widening at Orem Temple The Utah Department of Transportation (UDOT) is widening the road near 1493 South Geneva Road. Roadway improvements are anticipated to impact traffic near the Johnson Farms location and are designed to eventually tie into a planned intersection at 1738 South Geneva. • UDOT Intersection at 1738 South Geneva UDOT has plans to construct an intersection at the Johnson Farms location. Property has already been deeded for the future project. The property owners and UDOT deeded the property for future development in February 2025. There is currently no listed start date. • Lakeview Parkway Road Development Orem City is acquiring property to build a Lakeview Parkway connection from Provo through Southwest Orem. This road will be partially connected to the 1738 South Geneva intersection at the Johnson Farms location. 3 Page 29 of 52 [PAGE 30] • Lakeview Place Project A property directly south of the Johnson Farms project was rezoned from OS5 to M1 in 2020 and was approved for a new warehousing project. Project start date is dependent upon the Lakeview Parkway road development. Figure 3: Concept Site Plan Neighborhood Meeting: A neighborhood meeting is required for all zone map amendment applications. The applicants held the required meeting at Washburn and Associates, located at 825 North 900 West Orem, Utah, on September 11, 2025, at 6:00 PM. Neighbors within a 1,000-foot radius of the project were notified. A total of nine individuals attended. Minutes, a copy of materials discussed, and a copy of the notices mailed by Washburn Associates are attached to the agenda packet for review. STATE REQUIRED PROCESS FOR LAND USE AMENDMENTS: For land use amendments like the requested zone change, Utah State Code states that the “planning commission shall… review and recommend to the [Orem City Council (“Council”)] a proposed land use regulation that represents the planning commission's recommendation for regulating the use and development of land within all or any part of the area of the municipality. See Utah Code 10-9a- 502(1)(d)(i). The Council “may not make any amendment [to the land use ordinance or zoning map] unless the Council… first submits the amendment to the planning 4 Page 30 of 52 [PAGE 31] commission for the planning commission's recommendation.” See Utah Code 10- 9a-503(2). ALTERNATIVE ACTIONS After review and consideration of the application, the Planning Commission may: Recommend Approval of the proposed amendment to the Zoning Map. Recommend Denial of the proposed amendment to the Zoning Map. Continue the Request to a future date for further review, additional information, or public comment. ALTERNATIVE MOTIONS: Motion to Approve or Deny “I move that the Planning Commission forward a recommendation of [choose APPROVAL or DENIAL] to the City Council for the request to amend Article 22-5-3(A) and the Zoning Map of the City of Orem by changing the zone of the property located generally at 1738 South Geneva Road from OS5, Open Space to C2, Community Commercial, approximately 4.43 acres Motion to Continue the Request “I move that the Planning Commission continue this request for further consideration to (choose another date as appropriate).” 5 Page 31 of 52 [PAGE 32] DEVELOPMENT AGREEMENT This Development Agreement is executed in duplicate this day of______________, 2025, by and between the City of Orem, a municipal corporation and political subdivision of the State of Utah, with its principal offices located at 56 North State Street, Orem, Utah 84057 (hereinafter referred to as the “City”); The Shops at Johnson Farm, LLC, a Utah limited liability company with its principal address of 8383 S Mesa Drive, Sandy, UT, 84093 (hereinafter referred to as “Developer”); and the following additional individuals and entities (collectively hereinafter referred to as “Owners”): 1. Martell Keith Johnson, Trustee of the Martell Johnson Family Trust dated February 4, 2020, with an address of [ADDRESS]; and 2. Cheryl B. Johnson, an individual with an address of [ADDRESS]; and 3. Nancy L. Zabel, Trustee of the K. Allan and Nancy Zabel Family Trust 2001 dated April 20, 2001, with an address of [ADDRESS]; and 4. Philip D. Johnson, an individual with an address of [ADDRESS]; and 5. Wallace K. Johnson and Alice H. Johnson, Trustees of the A&W Johnson Trust dated November 6, 2018, with an address of [ADDRESS]. RECITALS WHEREAS Owners are the owners of a parcel of property consisting of approximately 1.24 acres located at approximately 1738 South Geneva Road, Orem, Utah which is identified on the records of the Utah County Recorder as Tax ID # 19:035:0159 and which is more particularly described in Exhibit “A” (hereinafter referred to as the “Property”); and WHEREAS Developer has a contract to purchase the Property, which is contingent on the Property being zoned C2; and WHEREAS the Property is currently zoned OS5; and WHEREAS Developer has filed an application with the City to rezone the Property from OS5 to the C2 zone in order to allow the development of a retail project on the Property as shown in the concept plan attached hereto as Exhibit “B” (the “Project”); and WHEREAS in order to mitigate the potential negative impacts of the Project on neighboring property owners and to ensure that the development on the Property is constructed and used in conformance with Developer’s representations, Developer, the City, and Owners are willing to enter into this Development Agreement; and WHEREAS the City, acting pursuant to its authority under Utah Code Section 10-20-101, et. seq., and in furtherance of its land use policies, goals, objectives, ordinances, resolutions, and regulations, has elected to approve this Agreement. Page 1 of 10 Page 32 of 52 [PAGE 33] COVENANTS NOW, THEREFORE, in consideration of the promises and conditions set forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the City, Owners, and Developer hereby agree as follows: 1. Development in Conformance with Concept Plan. The Parties acknowledge and agree that the concept plan, drawings and renderings that Developer presented to the City Council were a significant factor in the City Council’s favorable consideration of Developer’s request to rezone the Property to C2. The Property shall be developed in conformance with the concept plan, drawings and renderings attached hereto as Exhibit “B” including, but not limited to conformance with building location, building design, layout, lighting, landscaping, elevations and building finish materials. Exhibit “B” is attached hereto and by reference is made a part hereof. 2. Limited Uses. The Parties acknowledge and agree that the proposed uses and Developer’s and Owners’ willingness to limit uses on the Property were also a significant factor in the City Council's favorable consideration of Developer’s request to rezone the Property to C2. Therefore, Developer agrees to maintain prohibitions on the following uses in the covenants, conditions, and restrictions (CC&Rs) for the Project, and pursuant to this agreement the following uses otherwise permitted in C2 zones shall not be permitted on the Property: SLU 5513 Tires and Tubes SLU 5511 Motor Vehicles New and Used SLU 5512 Motor Vehicle Vehicles Used SLU 5530 Gasoline Service Station With or Without Store SLU 5920 Cannabis Pharmacy SLU 5940 Retail Tobacco Specialty Business SLU 5944 Cigars – Cigarettes SLU 6112 Pawn Shops SLU 6214 Laundromats SLU 6232 Tattoos & Body Piercing SLU 6411 Automobile Wash SLU 6412 Auto Lube and Tune Up SLU 6413 Automobile Repair SLU 6414 Auto Body Repair and Paint SLU 6317 Animal Kennels and Runs SLU 6615 Building Construction – General Contractor, Office & Storage SLU 6625 Landscaping Services, Office & Storage Outdoor Storage of Any kind 3. Hours of Operation. Because of the proximity of the Property to residential uses, the hours of operation for all commercial development on the Property shall be limited to 5:00 a.m. to 12:00 a.m.(midnight). No business or other commercial activity shall take place on the Property between 12:00 a.m. to 5:00 a.m. Page 2 of 10 Page 33 of 52 [PAGE 34] 4. Agreement Considered Mitigation of Impact. In consideration of the covenants of Developer and Owners set forth in this Agreement, the City staff shall make a recommendation to the Orem City Council to consider the terms of this Development Agreement as sufficient mitigation of the potential adverse impacts resulting from the request to change the zoning designation of the Property from the OS5 zone to the C2 zone. 5. No Guarantee of Rezone. The City makes no representation that the request of Developer to have the Property rezoned will be approved by the Orem City Council. Therefore, this Agreement shall not be binding upon Developer unless the request for a rezone of the Property to the C2 zone is approved by the Orem City Council. 6. No Limitation on Exercise of Police Power. Nothing in this Agreement shall limit the future exercise of the police power by the City in enacting zoning, subdivision, development, transportation, environmental, open space, and related land use plans, policies, ordinances and regulations after the date of this Agreement. 7. Compliance With All Applicable Laws. Nothing in this Agreement shall be deemed to relieve any person or entity who develops the Property from the obligation to comply with all applicable requirements of the City necessary for approval and recordation of subdivision plats and a site plan (if applicable), including the payment of fees and compliance with all other applicable ordinances, resolutions, including the Orem City Zoning and Subdivision Ordinances and design and construction standards. 8. Agreement to be Recorded. Upon the approval of the rezone of the Property to the C2 zone by the Orem City Council, this Agreement may be recorded against the Property and shall be deemed to run with the land and shall be binding on all successors and assigns of Owners and Developer in the ownership or development of any portion of the Property. 9. Indemnification. Developer, and Owners, if Owners develop the Property, agree to indemnify and hold the City harmless from and against any demand, claim, action, damages or loss of any type arising or resulting from the development of the Property except such demands, claims, actions, damages, or losses that are caused by the City’s (or its employees’) own negligence or willful misconduct. 10. Lawful Agreement. The parties represent that each of them has lawfully entered into this Agreement, having complied with all relevant statutes, ordinances, resolutions, bylaws, and other legal requirements applicable to their operation. The parties further represent that each of them has authority to enter into this Agreement and that the individuals signing this Agreement on behalf of each party have authority to bind the party represented by the signing individual. 11. Applicable Law. This Agreement shall be interpreted pursuant to the laws of the State of Utah. Page 3 of 10 Page 34 of 52 [PAGE 35] 12. Time of Essence. Time shall be of the essence of this Agreement. 13. Interpretation. The invalidity of any portion of this Agreement shall not prevent the remainder from being carried into effect. Whenever the context of any provision shall require it, the singular number shall be held to include the plural number, and vice versa, and the use of any gender shall include the other gender. Should any provision of this Agreement require judicial interpretation, the Court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party, by reason of the rule of construction that a document is to be construed more strictly against the person who himself or through his agents prepared the same, it being acknowledged that both parties have participated in the preparation hereof. 14. Modifications. No oral modifications or amendments to this Agreement shall be effective, but this Agreement may be modified or amended by written agreement only. 15. Assignment. Neither this Agreement nor any of the provisions, terms or conditions hereof can be assigned to any other party, individual or entity without assigning the rights as well as the responsibilities under this Agreement. 16. Relationship of Parties. This Agreement does not create any joint venture, partnership, undertaking or business arrangement between the parties hereto, nor any rights or benefits to a third party. 17. Incorporation of Recitals. The Recitals to this Agreement are incorporated by reference into the Covenants section of this Agreement as if fully set forth herein. 18. Electronic Transaction and Signature. Each party agrees that this transaction may be conducted by electronic means. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such a record, including facsimile or email electronic signatures. Balance of page left intentionally blank. Page 4 of 10 Page 35 of 52 [PAGE 36] SIGNED and ENTERED INTO this day of ____________, 2025. City of Orem, by: ____________________________________ Brenn Bybee, Orem City Manager ATTEST:______________________________ Teresa McKitrick, City Recorder ___________________________________ _ Martell Keith Johson, Trustee of the Martell Johnson Family Trust, dated February 4, 2020 (as amended) STATE OF UTAH ) :ss. COUNTY OF UTAH ) The foregoing instrument was acknowledged before me this ______ day of __________, 2025, by Martell Johnson, as Trustee of the Martell Johnson Family Trust, dated February 4, 2020 (as amended), who proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument. __________________________________________ NOTARY PUBLIC Page 5 of 10 Page 36 of 52 [PAGE 37] ___________________________________ _ Cheryl B. Johnson STATE OF UTAH ) :ss. COUNTY OF UTAH ) The foregoing instrument was acknowledged before me this ______ day of __________, 2025, by Cheryl Johnson, who proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument. __________________________________________ NOTARY PUBLIC ___________________________________ _ Nancy L. Zabel, Trustee of the K. Allan and Nancy Zabel Family Trust 2001, dated April 20, 2001 (as amended) STATE OF UTAH ) :ss. COUNTY OF UTAH ) The foregoing instrument was acknowledged before me this ______ day of __________, 2025, by Nancy Zabel, as Trustee of the K. Allan and Nancy Zabel Family Trust 2001, dated April 20, 2001 (as amended), who proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument. __________________________________________ NOTARY PUBLIC Page 6 of 10 Page 37 of 52 [PAGE 38] ___________________________________ _ Philip D. Johnson STATE OF UTAH ) :ss. COUNTY OF UTAH ) The foregoing instrument was acknowledged before me this ______ day of __________, 2025, by Philip Johnson, who proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument. __________________________________________ NOTARY PUBLIC ___________________________________ _ Wallace K. Johnson, Trustee of the A&W Johnson Trust dated November 6, 2018 (as amended) ___________________________________ _ Alice H. Johnson, Trustee of the A&W Johnson Trust dated November 6, 2018 (as amended) STATE OF UTAH ) :ss. COUNTY OF UTAH ) The foregoing instrument was acknowledged before me this ______ day of __________, 2025, by Wallace Johnson and Alice Johnson, as Trustees of the A&W Johnson Trust dated November 6, 2018 (as amended), who proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument. __________________________________________ NOTARY PUBLIC Page 7 of 10 Page 38 of 52 [PAGE 39] The Shops at Johnson Farm, LLC By: _______________________________ Title: STATE OF UTAH ) :ss. COUNTY OF UTAH ) On this _____ day of _________, in the year 2025, personally appeared before me _______________________, whose identity is personally known to me or proven on the basis of satisfactory evidence and who affirmed that he is the ______[Title]________________ of The Shops at Johnson Farm, LLC and that said document was signed by him in behalf of said LLC with the proper authority and having complied with the proper procedures, and said __________________________ acknowledged to me that said LLC executed the same. __________________________________________ NOTARY PUBLIC Page 8 of 10 Page 39 of 52 [PAGE 40] EXHIBIT A PROPERTY DESCRIPTION Page 9 of 10 Page 40 of 52 [PAGE 41] EXHIBIT B CONCEPT PLAN Page 10 of 10 Page 41 of 52 [PAGE 42] Page 42 of 52 [PAGE 43] Page 43 of 52 [PAGE 44] Page 44 of 52 [PAGE 45] Page 45 of 52 [PAGE 46] Johnson Farms Rezone – Approximately 1738 S Geneva Road Vicinity Map Zone: OS5 Acres: 4.43 acres Page 46 of 52 [PAGE 47] Johnson Farm Rezone – Approximately 1738 S Geneva Road Current Street View Page 47 of 52 [PAGE 48] Johnson Farms Rezone – Approximately 1738 S Geneva Road Vicinity Map Zone: OS5 Acres: 4.43 acres Page 48 of 52 [PAGE 49] Vicinity Map Zone: OS5 Acres: 4.43 acres Page 49 of 52 [PAGE 50] Page 50 of 52 [PAGE 51] Page 51 of 52 [PAGE 52] Page 52 of 52