Provo is in the midst of an affordable housing crunch. We will be considering a proposal that will help provide some quality housing units for a group (married students) that is underserved by our housing inventory. But I am concerned about how well the development will integrate into the neighborhood. Take a look; it's items 6 and 7 on the Work Meeting agenda. Other hot topics are parking, legal difficulties with the County, and more legal difficulties with the County about parking.
PROVO MUNICIPAL COUNCIL
Joint Meeting with Landmarks Commission
12:00 PM, Tuesday, March 27, 2018
Council regularly schedules meetings with key boards and commissions to discuss current issues and ways to improve processes.
- A review of the purpose and duties of the Landmarks Commission.
The Landmarks Commission consists of seven Provo residents, appointed by the Mayor, who survey and inventory historic resources of Provo as well as conduct reviews and make recommendations concerning historic preservation issues, among other duties.
Provo is a great place to live, in large part due to the lives and sacrifices of those who came before us. Historic landmarks across the City add so much character to our community and remind us of our heritage and culture. Our historic program allows owners to voluntarily designate their properties. With designation comes regulations which are designed to protect the properties. There often is a significant cost to preserve structures to historical standards, and there is little incentive given to owners to have their properties designated.
I am grateful to the people of Provo who choose to add their historic properties to our registry. I am also thankful to the members of the Landmarks Commission for their service to the City in this area.
- A discussion of the Landmarks Commission initiatives.
- Historic Home Tour
- Walking Tour App
- Outreach and social media
- Preservation Awards
- CLG Grants Projects
- A discussion on Landmarks Priorities.
- A discussion on how the City Council can help the Landmarks Commission.
PROVO MUNICIPAL COUNCIL
Work Meeting Agenda
1:00 PM, Tuesday, March 27, 2018
Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.
Business
- A discussion on a proposed amendment to the C-PACE agreement (16-092)
Commercial Property Assessed Clean Energy (C-PACE) is a State-run program that finances energy efficiency, renewable energy, and water conservation upgrades to commercial properties. On September 6, 2016, the Council passed a resolution approving a C-PACE agreement with the Governor’s Office of Energy Development. The agreement outlined how an entity would be able to use C-PACE funding within Provo City. The C-PACE program was significantly updated during the 2017 State legislative session. Shawna Cuan, Managing Director of the Governor’s Office of Energy Development, will present the changes to C-PACE and explain how they affect Provo City.
I believe that no one has used this program in the year and a half since we approved it. Perhaps it needs to be publicized more. Also, we excluded solar from the program while we were actively discussing how to structure solar fees. Now that that issue has been resolved, I believe we should remove that exclusion.
A motion requesting that the Administration enter negotiations with OED, discuss with the Energy Department, move forward with option 1, remove the solar restrictions in the previous version, and return to discuss with the Council was approved 7:0.
- An update on Downtown Provo Inc. (18-027)
Quinn Peterson from Downtown Provo, Inc. (DPI) will present on what DPI is doing to benefit downtown Provo.
From everything I've seen, Mr. Peterson has done a great job turning DPI around, and it is beginning to fulfill the function for which it was created.
Presentation only.
- A presentation on the Parks and Recreation Department and potential budget requests (18-005)
These presentations are in anticipation of the budget for the next fiscal year. The Parks and Recreation Department will report on how they’re performing with their budgets and what they may need to accomplish their goals.
Presentation only.
- A presentation on the Five-Year Capital Improvement Plan (18-005)
Every year, the Finance Division prepares a Five-Year Capital Improvement Plan (CIP) and presents the CIP to the Council in advance of the budget season. The CIP is a short-range plan which identifies capital projects and equipment purchases, provides a planning schedule and identifies options for financing the plan.
The Provo City Five-Year Capital Improvement Plan is 176 pages of light reading. It lays out all of the coming capital projects -- airport, streets, sidewalks, trails, sewer, water, parks, building, and so on. Not everything is set in stone, but it shows the direction that we are headed.
Presentation only.
Policy Items Referred From the Planning Commission
- A discussion on a proposed Zoning Ordinance amendment to Section 14.41 Major Home Occupations to extend daytime business hours from 5:00 pm to 7:00 pm, and a discussion of possible changes to the Home Occupations chapter generally (17-0025OA)
At recent work and Council meetings, the Council has considered an applicant’s request to extend daytime business hours from 5:00 pm to 7:00 pm. (The Planning Commission’s recommendation was to extend the businesses hours to 9:00 pm.) Several Council members expressed concern about the implications of longer hours being the default for major home occupations across the City. Council Member Dave Sewell has prepared a presentation for the Council’s consideration that proposes a different standard for operating hours than in the recent proposal and identifies several additional proposed changes to the home occupation ordinance, based on suggestions from constituents, Council Member Stewart, and Community Development staff.
We've been talking about this for a couple of months. We now have a more comprehensive review of the regulations and a cohesive proposal. I support everything the proposal is trying to do, and only have a few questions about the methods to achieve those objectives.
A motion to bring this item back for discussion at the April 10, 208 Work Meeting was approved 7:0.
- A discussion on a General Plan Map Amendment from Commercial to Residential for 1.52 acres of land located at 490 South State Street. Maeser Neighborhood (17-0002GPA)
This is a request to change the General Plan Map designation from Commercial to Residential. The property previously had a greenhouse business and the applicant would like to build a 64-unit apartment complex in its place.
Presentation only. This item was already scheduled for the March 27, 2018 Council Meeting.
- A discussion on a Zone Change from General Commercial (CG) to High Density Residential (HDR) for 1.92 acres of land located at 422-490 South State Street. Maeser Neighborhood. (17-0010R)
This is a request to rezone a property to High Density Residential (HDR) to facilitate the construction of a 64-unit apartment complex.
(for items 6 and 7) In my opinion, this is the most important issue of the day. On one side we have an affordable housing crunch. This project is designed as married student housing, a group that is far larger in our community than the housing we have designed for them. This pushes them out into other forms of housing, increasing the competition and lowering the availability of these other types, which drives up housing costs. From this perspective, this project is exactly what we need in Provo right now.
From the other perspective, this is a fairly large and monolithic project that doesn't blend well into the existing neighborhood. The neighbors have pushed for a number of changes, but so far the developer is continuing forward with the original proposal. Community Development Staff and the Planning Commission have recommended approval, with the condition that the two buildings are limited to three stories, as opposed to the four that is in the proposal. But the developer is moving forward with the request for four stories.
This is a tough one to balance. We need more housing of this type, but it needs to be done well, in ways that enhance our existing neighborhoods. Along State Street is a good place for higher densities, but this proposed development would also project into the neighborhood. I met with the applicants to discuss some ways that the project could be altered so that it would integrate better into the neighborhood. We talked about several options. The minimum change that we talked about would allow it (from their understanding) to fit into the MDR (medium density residential) rather than the HDR zone. I am disappointed that they didn't decide to move forward with even this small change.
See the proposal.
Presentation only. This item was already scheduled for the March 27, 2018 Council Meeting.
- A discussion on a text amendment to Chapter 14.30 (Supplementary Apartment Overlay) to adjust the parking standards. Citywide Impact. (PLOTA20180025)
There are two areas of the City where the Supplementary Apartment Overlay (S) exists, both being adjacent to BYU Campus. The (S) Overlay is very similar to the Accessory Apartment Overlay zone with one clear distinction – the number of allowed unrelated individuals. The (A) overlay allows two unrelated individuals to reside in a legally established accessory apartment, while the (S) overlay allows four unrelated individuals to reside in a legally established accessory apartment. Despite the difference in occupancy, the required parking ratio is the same; four spaces are to serve the principal residence and the accessory apartment. It is proposed that the parking standards be raised two additional spaces to reflect the higher occupancy allowance of the (S) overlay.
This is the first I've heard about this request. I know there is a parking crunch in this area, but I wasn't aware that there was much redevelopment or active conversions going on. I do worry about over requiring parking in areas that could become less auto-centric because of their proximity to the BYU campus and Downtown, and with the coming upgrades to public transit. I'm interested to learn more about the motivations behind this request.
This item was already scheduled for the March 27, 2018 Council Meeting. The related presentation was continued until the evening meeting due to a time shortage.
Redevelopment Agency Item
- A discussion on the Downtown Provo Parking Structure terms of agreement (18-034)
On Monday, March 19, Mayor Kaufusi and representatives from Utah County and PEG Development signed a terms sheet regarding the development of parking structures in downtown Provo. The legal agreement will likely be negotiated within 90 days from when the term sheet was signed. While the Council is not legally required to ratify the term sheet, it is still appropriate for the Council to provide input, if desired.
I am thrilled that we have come to terms with the County to resolve the Convention Center Parking Impass. I hope this marks the start of a more collaborative relationship between the leaders of the City and the County. At the same time, though, the Council needs to make a serious assessment whether this deal is in the best interests of the residents and tax-payers in the City. Our obligation is to provide 350 parking spaces. This deal calls for us to put in $2M in property and property tax increment of not only this property, but an expanded zone. Perhaps this is reasonable for not only the parking obligation, but also to facilitate this development, but I think it is an important question to ask, and important to get a good answer.
A motion to consider the first resolution as the implied motion for the resolution on the March 27, 2018 Council Meeting agenda was approved 6:1, with David Harding opposed.
Closed Meeting
- The Municipal Council or the Governing Board of the Redevelopment Agency will consider a motion to close the meeting for the purposes of holding a strategy session to discuss pending or reasonably imminent litigation, and/or to discuss the purchase, sale, exchange, or lease of real property, and/or the character, professional competence, or physical or mental health of an individual in conformance with § 52-4-204 and 52-4-205 et. seq., Utah Code.
Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed above.
A closed meeting was held.
PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda
5:30 PM, Tuesday, March 27, 2018
Opening Ceremony
Items in this category do not involve legislative action.
- Roll Call
- Prayer
- Pledge of Allegiance
Presentations, Proclamations, and Awards
Items in this category do not involve legislative action.
- A presentation of the March 2018 Employee of the Month.
Presentation only.
Public Comment
- This public comment period is intended to allow comment on matters that do not appear on the agenda. Each speaker will generally be limited to two minutes. Fifteen minutes has been set aside for this comment period.
- For items on the agenda requiring a public hearing, time to comment will be provided, after the item is presented, for all those who wish to speak.
- For items not requiring a public hearing, public comment will still be taken following presentation of the item, but will be limited to a ten minute total comment period.
Consent Agenda
- An ordinance amending Provo City Code regarding the recodification of Provo City Code. (18-033)
In the past, the Provo City Code was not available online and was printed and distributed widely in a hardcopy format. Each year, a new volume of the City Code was published as the “Provo City Code, 2008 Edition,” the “Provo City Code, 2009 Edition,” etc. The first part of the code (Title1) would also be updated with the current volume’s year to say that the current version of the City Code superseded any previously codified version. Because the Provo City Code is primarily accessed online now, the Code can technically be updated after any Council meeting throughout a given year. As a result, staff are proposing that the Council alter the language of Title 1 to remove the year from the Title.
Simple clean-up.
The Consent Agenda were approved 7:0.
Action Agenda
- A resolution ratifying the Mayor's signature on the first addendum to the Fifth Amended Interlocal Cooperation Agreement between Provo City and Utah County relating to the Ice Sheet Authority.
This one was added last minute. It is regarding the Ice Sheet dispute with the County and effectively gives both sides another month to negotiate before the Rink gets auctioned off.
Approved 7:0.
- An ordinance granting Zayo Group LLC a nonexclusive franchise to operate a telecommunications network in Provo City, Utah. (18-010)
This is a fairly standard required franchise agreement required for operating within the city. A minor change to the section on the dedication of fiber was made.
Here is a summary of the changes: "1) The language was changed to insure that the City cannot use the fiber or allow others to use the fiber in a manner that competes with Zayo. 2) Although Zayo must provide 4 strands of fiber for City use throughout the term of the agreement, the company is not required to provide Single Mode Fiber. Zayo indicates that it uses SMF 99.9%, but cannot guarantee it 100% of the time. The IS department has assured that this should not be an issue."
Approved 7:0.
- A resolution appropriating $178,620 in the Fire Department, General Fund for the purchase of wild fire equipment and other needs applying to the fiscal year ending June 30, 2018. (18-031)
The Fire Department recently received compensation for helping fight fires in other locations during the past year. The compensation is greater than what Provo’s Fire Department had to spend on these other fires. As a result, the Fire Department staff would like to use the excess money to purchase equipment that will help them fight wildfires in the future.
As I've said previously, "There are different ways that this 'excess' money could be used. This seems like a reasonable way to use it. It will grow our capacity for future needs."
Approved 7:0.
- A resolution amending the General Plan Land Use Map designation for property generally located at 490 South State Street from Commercial to Residential. Maeser Neighborhood. (17-0002GPA)
This is a request to change the General Plan Map designation from Commercial to Residential. The property previously had a greenhouse business and the applicant would like to build a 64-unit apartment complex in its place.
Approved 7:0.
- An ordinance amending the zone map classification of approximately 1.92 acres of real property, generally located at 422-490 South State Street, from General Commercial to High Density Residential. Maeser Neighborhood. (17-0010R)
This is a request to rezone a property to High Density Residential (HDR) to facilitate the construction of a 64-unit apartment complex.
This is what I wrote about these items in the Work Meeting above, "In my opinion, this is the most important issue of the day. On one side we have an affordable housing crunch. This project is designed as married student housing, a group that is far larger in our community than the housing we have designed for them. This pushes them out into other forms of housing, increasing the competition and lowering the availability of these other types, which drives up housing costs. From this perspective, this project is exactly what we need in Provo right now.
From the other perspective, this is a fairly large and monolithic project that doesn't blend well into the existing neighborhood. The neighbors have pushed for a number of changes, but so far the developer is continuing forward with the original proposal. Community Development Staff and the Planning Commission have recommended approval, with the condition that the two buildings are limited to three stories, as opposed to the four that is in the proposal. But the developer is moving forward with the request for four stories.
This is a tough one to balance. We need more housing of this type, but it needs to be done well, in ways that enhance our existing neighborhoods. Along State Street is a good place for higher densities, but this proposed development would also project into the neighborhood. I met with the applicants to discuss some ways that the project could be altered so that it would integrate better into the neighborhood. We talked about several options. The minimum change that we talked about would allow it (from their understanding) to fit into the MDR (medium density residential) rather than the HDR zone. I am disappointed that they didn't decide to move forward with even this small change.
See the proposal.
Continued to the April 10, 2018 Council Meeting.
- An ordinance amending Provo City Code regarding parking requirements in the Supplementary Residential (S) Overlay Zone. Citywide Impact. (PLOTA20180025)
There are two areas of the City where the Supplementary Apartment Overlay (S) exists, both being adjacent to BYU Campus. The (S) Overlay is very similar to the Accessory Apartment Overlay zone with one clear distinction – the number of allowed unrelated individuals. The (A) overlay allows two unrelated individuals to reside in a legally established accessory apartment, while the (S) overlay allows four unrelated individuals to reside in a legally established accessory apartment. Despite the difference in occupancy, the required parking ratio is the same; four spaces are to serve the principal residence and the accessory apartment. It is proposed that the parking standards be raised two additional spaces to reflect the higher occupancy allowance of the (S) overlay.
This is what I wrote about this item in the Work Meeting above, "This is the first I've heard about this request. I know there is a parking crunch in this area, but I wasn't aware that there was much redevelopment or active conversions going on. I do worry about over requiring parking in areas that could become less auto-centric because of their proximity to the BYU campus and Downtown, and with the coming upgrades to public transit. I'm interested to learn more about the motivations behind this request.
Continued to the April 10, 2018 Council Meeting.
- Consideration of the proposed terms of agreement regarding a parking structure in downtown Provo (18-034)
On Monday, March 19, Mayor Kaufusi and representatives from Utah County and PEG Development signed a terms sheet regarding the development of parking structures in downtown Provo. The legal agreement will likely be negotiated within 90 days from when the term sheet was signed. While the Council is not legally required to ratify the term sheet, it is still appropriate for the Council to provide input, if desired.
Whether we take up this issue in the evening meeting depends on how our discussion goes in the afternoon meeting (item 9)
A motion expressing the will of the Council that the Administration try to ensure that the ground floors of the parking structures have habitable space, and that the parking structures will be less than 8 stories tall was approved 7:0.
Version B of the resolution, allowing the Mayor to execute the final agreements, was approved 7:0.
Redevelopment Agency of Provo
- Consideration of the proposed terms of agreement regarding a parking structure in downtown Provo (18-034)
If the Council passes a resolution regarding agenda item 9, it also needs to be passed by the Redevelopment Agency of Provo.
This is the flipside of the previous item. We would have to approve any resolution as the RDA board as well.
Version B of the resolution, allowing the Agency CEO to execute the final agreements, was approved 6:0, with David Knecht excused.
Adjournment
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