Council Meetings - 8 October 2019

The item I'm most excited about is the changes to the A and S overlays. It adds the option of detached accessory apartments, and adds additional protections for tenants and neighbors by treating them like other residential rentals (requiring Rental Dwelling Licences and regular inspections).

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:30 PM, Tuesday, October 8, 2019

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

1. A discussion regarding west side sewer capacity and a consideration of options. (19-085)
   The Council heard a presentation at Work Meeting on August 27 from City Staff and a presentation from the development community representing Ivory Homes and DR Horton at the September 10, 2019 Work Meeting. The discussion centered around the wastewater capacity restraints in Provo west of I-15. During this meeting Council will receive an update from Public Works regarding updated sewer capacity projections, have a policy discussion regarding wastewater policy options that Council is willing to consider, and lay out potential options. This provides an opportunity for Council to ask questions and consider potential options for accelerating capacity expansion if elected officials would like to explore that potential. What I heard in the previous meetings is that the Council is comfortable continuing on with our current 7-year build-out plan, even though it will delay some developments that could otherwise happen right now. This plan may have to be changed if the School District Bond is approved and Dixon Middle School is moved to Footprinter's Park. To me, the biggest question that needs to be answered, while we wait for the results of the bond question, is "how do we allocate the remaining sewer capacity, and new sewer capacity as it gets added piece by piece while we get through the next 7 years?" A motion to commit to being willing to look at the opportunities to accelerate development of the master lift station failed 3:4, with Kay Van Buren, David Harding, David Knecht, and George Handley opposed. We assigned an ad-hoc committee of council and city staff to study and bring back recommendations regarding how to prioritize and allocate the sewer connections that we do have, as well as additional capacity as it comes online. Some of us felt that we should have that information before we signal a willingness to accelerate the infrastructure.
2. A discussion regarding a Water Conservation Plan (19-105)
   Utah legislature passed the Utah Water Conservation Plan Act in 2004 which requires all public water systems with over 500 connections to update their water conservation plan every five years and submit it to the state. An update to Provo City's Water Conservation Plan is due by December 31, 2019. A draft plan will be presented to the Council in this work meeting. Adoption of the final plan will be publicly noticed later this fall after comments from the State and the Council have been addressed. This draft is a really interesting read. The City has been very proactive in maintaining the water system and in promoting conservation of water. We are well ahead of the State goal of 25% reduction in usage, and we are still pursuing better conservation. Presentation only. I support our efforts to use our water more effectively and this is a strong plan to help us do so.
3. A presentation and discussion on the 40-Year Water Supply Plan (19-104)
   Water in Utah is owned by the State. The State gives people or entities the right to use water. Anytime water is not being used, the State can declare the right to use the water forfeited and give the right to use the water to someone else. Because Cities grow, their need for water will increase over time and so the State allows Cities to acquire and hold water rights that may not be needed at present, but will be needed in the future. But in order to do this, the City has to show the State a need for the water. This 40-Year Water Supply Plan outlines what water Provo City has and how the City intends to use it. As previously discussed, the State Engineer is currently adjudicating water rights (determining what water is being used) in the Provo area. This 40-Year Plan protects Provo City's rights from forfeiture during the adjudication process. This report is much more in-depth and technical. If you've wondered why the City is exploring Aquafer Storage and Recovery, this document will provide you with everything you might want to know, plus some. Presentation only. Sometimes water rights are referred to as paper water. You will never quench your thirst with paper water if the real water it represents isn't there. We need to protect both our paper water as well as consider steps that will ensure the real water is available too.



Policy Items Referred from the Planning Commission

4. A discussion on a request for a General Plan amendment from Commercial (C) to Residential (R) for property at 1900 N Canyon Rd for a 120-unit apt bldg for married/student housing. Pleasant View Neighborhood. (PLGPA20190251)
   The subject property is developed with the existing UCCU building and a parking area. The current General Plan Land Use Map designation for the site is Commercial, but the applicant desires to develop a multi-family residential project on the subject site which requires a change in the designation from Commercial to Residential. Surrounding property General Plan Land Use Map designations include Public Facilities at the Brigham Young University Stadium site and parking areas. The remaining properties in the vicinity are designated as Residential. Planning Commission recommended approval with conditions. The Pleasant View neighborhood chair has kept us aware of the evolving discussion. The proposal has received positive recommendations from the Community Development staff and the Planning Commission. I heard that the response from the neighborhood has been mixed, but mostly negative. I also believe that there is some discussion going on about a developer agreement that would memorialize some compromises between the developer and neighbors. I have a lot to learn before we make a decision, but at first blush this looks like a great place for this kind of development. Away from the core of the neighborhood and up against high intensity uses. Again, at first blush my biggest complaint is that I don't see any "mixed" for the Mixed Use zoning that they are requesting. Where is the ground floor commercial? Presentation only. This item was already scheduled for the Council Meeting on October 8, 2019. See the report for item 4 in the evening meeting.
5. A discussion on a request for a zone change from Public Facilities (PF) to Campus Mixed Use (CMU) for approximately 1.34 acres, located at 1900 N Canyon Road. Pleasant View Neighborhood. (PLRZ20190227)
   The subject property is developed with the existing UCCU building and a parking area. The current zoning designation for the site is Public Facilities (PF), but the applicant desires to develop a multi-family residential project on the subject site which requires rezoning the property to a zone that allows that use. The applicant’s proposal consists of developing 120, one-bedroom units to help meet the demand for housing in the area. The project site is located at the intersection of Canyon Road and Stadium Avenue in northeast Provo, in the Pleasant View Neighborhood. The proposal to develop 120 units will require a zone change from the current PF Zone to a zone that will allow for multi-family, stacked units. The applicant has requested to rezone the property Campus Mixed Use (CMU) which allows for apartments or condominiums and has a height limit of 75 feet. Surrounding property General Plan Land Use Map designations include Public Facilities at the Brigham Young University Stadium site and parking areas. The remaining properties in the vicinity are designated as Residential. Surrounding zoning designations include R1.8A and R1.8S north and east of the property, PF for the institutional uses to the south, and RC and R4 for the apartments immediately west and north of the site. Planning Commission recommended approval with conditions. See the previous preview. Presentation only. This item was already scheduled for the Council Meeting on October 8, 2019. See the report for item 4 in the evening meeting.
6. A discussion regarding the assignment of parking spaces to Provo City Housing Authority (19-107)
   Previously the Agency entered into a lease with 80 East to allow them to use a portion of the Agency-controlled spaces within the Wells Fargo structure to meet their parking obligations for a planned mixed-use development. Provo City Housing Authority now desires to purchase the property from 80 East and intends to develop a 74-unit apartment complex on that site and needs to have the rights to those spaces assigned to them. These are from the same block of spaces that the Blue Sky is requesting parking. This project is on the same block as the garage and spots had previously been allotted for a previous proposal at that location. This request is not for dedicated spots. Presentation only. This item was already scheduled for the Council Meeting on October 8, 2019. See the report for item 12 in the evening meeting.



Closed Meeting

Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed in Utah State Code (§ 52-4-204 and 52-4-205 et. seq.). If a closed meeting is needed, it will be announced at that time.



Adjournment

---

PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, October 8, 2019

Opening Ceremony

Items in this category do not involve legislative action.



Presentations, Proclamations, and Awards

1. A proclamation welcoming students from Provo's sister city Meissen, Germany
   We enjoy a warm relationship with our sister city, and are enriched by the cultural exchange. Presentation only. It's fun to see all of the teachers and students from Meissen and their host families from Provo. It's also fun to see fellow councilors break out their rusty German.
2. A presentation on the Public Information Organization for Provo City and recognition of Nisha King as the recipient of the Communicator of the Year Award by the Utah Public Information Officers Association (19-106)
   It's great to see the great work of our fine officers recognized by outside groups. Presentation only. Sargent King is a class act in whatever role she takes on in the Police Department.
3. A spotlight on the Downtown Neighborhood
   The Downtown Neighborhood recently elected its first co-chair representing residents. Presentation only. This is an important step as the Downtown Neighborhood welcomes more and more residents into the mix.
   

   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.
   
   
   

   Action Agenda

4. An ordinance amending the General Plan designation of approximately 1.34 acres of real property, generally located at 1900 North Canyon Road, from Commercial (C) to Residential (R). Pleasant View Neighborhood. (PLGPA20190251)
   This was item 4 on the work meeting agenda. See my preview for item 4 in the work meeting. Continued by Council rules to the Council Meeting on October 29, 2019. It was obvious that the applicant and the neighborhood had long been in discussions. It felt like they were 95% of the way to an agreement, but the neighborhood objected to a couple of specifics in the development agreement. Hopefully, they can get everything ironed out over the next three weeks.
5. An ordinance amending the Zone Map Classification of approximately 1.34 acres of real property, generally located at 1900 North Canyon Road, from Public Facilities (PF) to Campus Mixed Use (CMU). Pleasant View Neighborhood. (PLRZ20190227)
   This was item 5 on the work meeting agenda. See my preview for item 4 in the work meeting. Continued by Council rules to the Council Meeting on October 29, 2019. See the report for the previous item.
6. An ordinance to amend Provo City Code regarding Accessory Apartments. Citywide application. (PLOTA20190120)
   This item was heard and continued by the Council in the Council Meeting on June 18, 2019. Council staff recently published explanations of the proposed code changes. We've been working on this for a long time. My only remaining question is in regards to defining an accessory apartment as a separate unit. I think this makes sense with detached accessory apartments (which are being proposed) but I'm not so sure about attached accessories which are regulated to be easily convertible back into extra space in the primary unit. A motion to substitute a revised ordinance for the version referenced by the implied motion was approved, after which the item was approved 7:0. We had a couple of people express how excited they were to build an accessory apartment in their backyards. They were disappointed when they learned that this change only affects areas that are under the A and S overlays. I believe it would be healthy for more neighborhoods to opt into these overlays.
7. An ordinance to amend Provo City Code to place over-occupancy on the list of Nuisances. (19-094)
   Because of Council establishing zoning compliance as one of their top priorities, various ideas have been put forward for discussion. One idea is to possibly add over-occupancy to the listing in City Code for nuisances. If over occupancy is defined as a nuisance then it can be pursued in civil court rather than just criminal court. If we are going to have laws, then it is reasonable to expect people to follow them. This change will make it easier to enforce the laws we already have. Approved 7:0. This was described as a tool that will be effective against the few landlords who blatantly flaunt occupancy rules and serially over-occupy despite enforcement efforts.
8. An ordinance amending Provo City Code Title 4 regarding personnel policies in Title 4. (19-082)
   As the Administration was preparing for implementing changes to leave policies that were proposed with the annual budget this year, we noted a number of inconsistencies between current practices and some older provisions of the Municipal Code in Title 4. Many of the personnel provisions in Title 4 are no longer in alignment with standard personnel policies and administrative practices and are somewhat antiquated. I'm comfortable that this proposal gives the Administration the flexibility that they were looking for and preserves the Council oversight needed for effective checks and balances. Approved 7:0. This is a good update and a good compromise.
9. A resolution designating the Director of Community and Neighborhood Services Department of Provo City as the Certifying Officer as required by the U.S. Department of Housing and Urban Development. (19-103)
   The U.S. Department of Housing and Urban Development (HUD) requires that someone be appointed at Provo City’s Certifying Officer in regards to HUD programs. With the recent reorganization of departments it was necessary to make this designation clear. This is just part of the reorganization. Approved 7:0. Dotting "i"s and crossing "t"s.
10. ***CONTINUED***An ordinance amending the General Plan regarding a designation change from Residential (R) to Commercial (C) for approximately 1.2 acres of real property, generally located at 1009 W 2000 N. Carterville Neighborhood. (PLGPA20190191)
    This was not ready to be heard.
11. ***CONTINUED*** An ordinance amending the Zone Map Classification of approximately 1.2 acres, generally located at 1009 West 2000 North, from Residential Conservation (RC) to General Commercial (CG). Carterville Neighborhood. (PLRZ20190192)
    This was not ready to be heard.



Redevelopment Agency of Provo

12. A resolution approving the Assignment of the Parking Lease with 80 East to Provo City Housing Authority. (19-107)
    This was item 6 on the work meeting agenda. Approved 7:0. I find it interesting how easily this request went through, compared to how difficult it has been to find an acceptable solution for the last request.



Adjournment