PROVO MUNICIPAL COUNCIL
Work Meeting Agenda
12:00 pm, Tuesday, December 1, 2020
- A discussion regarding the preservation of Bridal Veil Falls for natural and recreational purposes. (20-246)
Utah County Commission is considering a conservation easement for Bridal Veil Falls and will discuss the easement, along with other proposals for the county-owned property, during a public hearing on Dec. 9. I've only caught bits and pieces of the discussion going on in public right now. Apparently, the County Commission will be deciding on this in an upcoming meeting. I believe this item is to give us a chance to get up to speed on the issue and see if we want to issue a resolution in support of one position or another. A motion to place the resolution for adoption on the Council meeting that evening was approved 6:0, with Bill Fillmore excused. - A discussion regarding Impact Fees and how they apply to non-profit home builders of low income housing. (20-241)
Currently, Provo charges developers impact fees for new development within the City. These fees help pay for the cost of extending service to the new development. In addition, fees also pay for new amenities for Provo such as parks and trails. Impact fees are applied to all development. There has been a request by a local non-profit group that is building low income housing for Provo to waive or reduce some of the impact fees they are being asked to pay. The administration lacks the authority to waive or reduce these fees and has asked the Council to look at current policy to determine if creating a waiver program for impact fees for low income housing is appropriate. If I understand the State law correctly, we can't just waive the fees, but have to identify the funds that will be used to cover the shortfall created by waiving the fees. We need to be thoughtful anytime we are subsidizing development to ensure the benefits stay with the public, and aren't absorbed for profit. A motion to delegate the discussion of impact fees for low-income and affordable housing to the Housing Committee for further review and recommendations was approved 6:0, with Bill Fillmore excused. - A presentation from Utah Strong Recovery Project regarding the resource they have available mental health. (20-242)
Utah Strong Recovery Project is funded by the Federal Emergency Management Agency (FEMA), and operated by the Utah State Division of Substance Abuse and Mental Health. Its purpose is to assist people in finding ways to cope with the stressors of COVID-19 in the present and to help prevent persistent mental health problems. It's been a tough year for everybody, but more so for some than others. We often focus on the physical health impact of the virus, but there are real mental health impacts as well. I'm excited to learn more about this project and see how we can make our community aware of this resource. Presentation only. - A presentation from Brigham Young University students regarding ways to make Provo more livable to students at the university. (20-243)
Provo City Planning Supervisor Robert Mills, has been working with the BYU Provo City Lab class this past semester. As part of the class the students, with the help of Mr. Mills, will be making a presentation to the Council with some observations and possible solutions which they have researched to improve the livability of Provo to the large student population. I am also looking forward to this presentation to see what they have to report. I'm curious if they'll say anything about parking difficulties south of campus. Presentation only. - A presentation regarding a proposal to rezone property located at 50 East 3900 North from Residential (R1.10) to Low Density Residential (LDR). Riverbottoms Neighborhood. (20-244)
Daniel LaFontaine is requesting a zone change from the R1.10 (OneFamily Residential) zone to the LDR (Low Density Residential) zone for his property at 50 East 3900 North. Planning Commission recommended approval with conditions. This was heard at the Council meeting on November 10, 2020. Council voted 1-6 on the motion to approve, so the item failed. This presentation is an opportunity to hear from the applicant since he had technical difficulties when trying to get into the online meeting in November. There have been some hiccups with the move to online meetings. The Council has tried to be as accommodating as possible, and this item ensures the applicant has an opportunity to address the Council. A motion to authorize the Council Chair to place a consideration of a rezone to VLDR on the agenda within the next two months if the applicant wished to amend the proposal was approved 7:0. - A discussion regarding a resolution transferring $235,000 from the General Fund to the Golf Fund to compensate for Golf Fund operating losses. (20-245)
The Golf Fund suffered operating losses during and as a result of a combination of events that had a negative impact on operations, namely, the golf course hole realignment construction project and the COVID-19 pandemic. State Code requires the fund to have an unrestricted fund balance of at least 5% of revenues. A transfer of $235,000 from the General Fund is required to bring the Golf Fund unrestricted fund balance into compliance. I'm not too concerned about this. Our Parks and Rec Department has a long track record of managing the facilities responsibly. Between the pandemic and the construction taking place on the course, this was expected. I do have one question about the source of the funding. Presentation only. This item is scheduled for the Council Meeting on December 15, 2020. - An ordinance amending Provo City Code regarding permitted uses in the Neighborhood Shopping Center (SC1), Community Shopping Center (SC2), And Regional Shopping Center (SC3) Zones and related provision. Citywide Application. (PLOTA20190429)
The Community and Neighborhood Services Department has proposed to amend Title 14 of the Provo City Code to consolidate the permitted uses and shift multiple conditional uses to permitted uses in the SC1 – Neighborhood Shopping Center (14.18), SC2 – Community Shopping Center (14.19), and SC3 – Regional Shopping Center (14.20) zones. Within the permitted and conditional uses in each zone there is a four- digit number attached to the land use type. Planning Commission recommended approval. There are two main aspects to this proposal. First, conditional land uses are being treated more coherently, with actual conditions listed. Second, the list of permitted and conditional uses has been reviewed and some tweaks are proposed to better align the selected uses with the purpose of these zones. Presentation only. This item was already scheduled for the Council Meeting on December 1, 2020. - An ordinance amending Provo City Code to enact the Open Space, Preservation and Recreation (OSPR) Zone. Citywide Application. (PLOTA20200140)
The Community and Neighborhood Services Department is requesting to amend the Provo City Code to add the Open Space, Preservation & Recreation (OSPR) zone as Chapter 14.33. Staff worked closely with the Parks and Recreation Department in drafting this zone. There is no proposed development requesting to utilize this zone, however, there is a Rezone application on behalf of the Parks and Recreation Department to use this zone in rezoning various properties. The proposed zone would have a minimal impact on a neighborhood due to the nature of the zone. The purpose of the zone is to protect the current and future open space within Provo City. Open space includes parks, golf courses, recreational fields, sensitive lands and others. Currently Provo City parks are zoned Public Facilities (14.17). This zone includes parks as a permitted use, but it also includes many other uses that are unrelated to open space. Theoretically, the City could place a sewage pumping station, which is permitted in the Public Facilities zone, where a current City park is located such as Rotary Park and it would be allowed. The likelihood of this happening is extremely low. Creating the OSPR zone allows the future rezoning of parks, golf courses, recreational fields, sensitive lands, and others to be rezoned to a zone that protects them from future development and promotes these areas as a feature of the community. Planning Commission recommended approval. Currently, we use the same zone designation (Public Facilities Zone) for uses as diverse as schools, parks, and utilities. This proposal would create a separate zone for parks, trailheads, and the like. Presentation only. This item was already scheduled for the Council Meeting on December 1, 2020. - An ordinance amending the Zone Map classification of approx 1,291 acres of property located within the boundaries of Provo City, from various zone classifications to Open Space, Preservation and Recreation (OSPR). Citywide Application. (PLRZ20200265)
The Community and Neighborhood Services Department is requesting to rezone various parcels to the proposed Open Space, Preservation & Recreation (OSPR) zone (14.33). Staff has worked closely with the Parks and Recreation Department and the City Ombudsman in compiling the list of parcels to be rezoned. There is no proposed development requesting to utilize this zone; however, there is an Ordinance Text Amendment application on behalf of the Parks and Recreation Department to adopt the OSPR zone. Planning Commission recommended approval. There are 104 properties proposed to be rezoned in the new OSPR zone. All of them would be compliant with the requirements of the new zone. One hundred three of them are owned by Provo City, and the US Government owns the other one. Presentation only. This item was already scheduled for the Council Meeting on December 1, 2020. - An ordinance amending Provo General Plan Sections 1.2.9 and 1.2.10 related to the Key Land Use Policies (North Area Guiding Principles) And Urban Growth and Land Use Annexation. Citywide Application. (PLGPA20200357)
Community and Neighborhood Services Department is requesting to amend the key land use policies in the General Plan related to the Northeast Area Guiding Principles, Policies, and Goals; as well as, the Annexation Policy Plan to include guidance on how to apply the proposed Open Space, Preservation, and Recreation (OSPR) zone being considered. Staff has been working closely with the Parks and Recreation Department to draft the proposed OSPR zone. At the same time, Staff has also been working closely with the Council’s Hillside Committee to address concerns related to future use of areas in Provo’s east hillside areas. In those discussions, the concept of the proposed OSPR zone was introduced has been considered as a key tool in managing property that may come into Provo City in the future because of annexation. Working with the council committee was very helpful to determine that areas slated for possible future annexation that are in the northeast should only be brought into the city as OSPR designated property. The committee determined that properties that are privately held should be included in Area Five and properties that are publicly held should be included in Area Six of the Annexation Policy Plan. Doing so clearly communicates to landowners and future decision makers the intent of the City to retain those areas for open space preservation and recreational opportunities. Traditional residential development is discouraged in those areas. Planning Commission recommended approval. There are a few questions that I want to discuss before deciding on this issue. We must always think through the potential unintended consequences. Presentation only. This item was already scheduled for the Council Meeting on December 1, 2020. - An ordinance amending Provo City Code to remove references to “Community Development Director.” Citywide Application. (PLOTA20200310)
In a restructuring of Provo City departments, the Community Development Department was eliminated and the duties incorporated into two newly created departments. This amendment changes all references to “Community Development” to reference the Community and Neighborhood Services or Development Services department instead, according to their separate duties. Planning Commission recommended approval. This is simply a code clean-up proposal. Presentation only. This item was already scheduled for the Council Meeting on December 1, 2020. - An ordinance amending Provo City Code to clarify spacing requirements for accessory structures in the Residential Conservation Zone. Citywide application. (PLOTA20200291)
The requirement for spacing between the main dwelling and an accessory structure in the Residential Conservation (RC) zone is not clear and appears to imply that the structures would need to be twenty feet apart. Most of the properties in the RC zone are on smaller lots and would not be able to have an accessory structure if they had to be twenty feet back from the main dwelling. Staff analyzed this and determined that this twenty foot requirement couldn’t have been the intent and that this proposed change was needed to clarify what the requirement should be for spacing between the main dwelling and an accessory structure. In determining what the spacing requirement should be staff looked at the R1 zone requirements. The R1 zones have a six foot setback requirement between the main dwelling and the accessory building. Planning Commission recommended approval. I think this is also a simple matter of code clean-up, but it does raise a question for me. Are accessory apartments allowed to be built in areas of a yard where the main structure can not go? And if so, do we want this to be the case? Presentation only. This item was already scheduled for the Council Meeting on December 1, 2020. - An ordinance amending the Zone Map Classification of approximately 0.34 acres of real property, generally located at 590 West 300 South, from Residential Conservation (RC) to Very Low Density Residential (VLDR). Franklin Neighborhood. (PLRZ20200287)
The applicant owns a lot with a single-family home and an attached shop located at 590 W 300 S. This property is located in the RC Zone. The applicant has submitted a subdivision plat to split the existing lot into two lots subject to this rezone to VLDR being approved. The existing shop addition on the existing home is located over what would be the new lot line. The applicant will remove the shop to allow for the existing home to meet the setback requirements of the new zone. Planning Commission recommended approval. I support this request but am saddened that the "shop" will be removed. There is a similar building in Joaquin Neighborhood that is now being used by the Provo Bicycle Collective. At least some of these buildings were originally built a small, corner grocery stores. I would love to see them used as small grocery stores again in the future. Presentation only. This item was already scheduled for the Council Meeting on December 1, 2020. - An ordinance amending the Zone Map Classification of approximately 4.6 acres of real property, generally located at 34 S 2530 W, from Agricultural (A1) to Residential (R1.8). Provo Bay Neighborhood. (PLRZ20200156)
The applicant would like to rezone this property from agricultural to residential to allow for a fifteen-lot single-family subdivision. A concept plan application was submitted with the rezone application. The General Plan and the Southwest Area Future Land Use Map would not need to be amended as they show that the desired land use for the property is residential and not agricultural. The surrounding land uses in the area immediately around the subject property are zoned for R1.8, which is what the applicant is requesting for his property and A1.1, which is what the property is currently zoned. Planning Commission recommended approval. This looks to fit the plan for the area. I wish we had the mixed housing zones ready. My only question is what steps will be taken to ensure interconnectivity in the block. Presentation only. This item was already scheduled for the Council Meeting on December 1, 2020. - An ordinance amending the Zone Map Classification of approximately 1.91 acres of real property, generally located at 1555 North Canyon Road, from General Commercial (CG) to Campus Mixed Use (CMU). Carterville Neighborhood. (PLRZ20200085)
Paul Washburn, an agent for the property owner, is requesting a zone change from the CG zone to the CMU zone for the conversion of a motel to residential units at 1555 N Canyon Road. This request has an associated project plan proposal and a General Plan map amendment from commercial to residential. The proposal shows converting the motel rooms to residential units, with 96 studio units and one two-bedroom unit. This conversion would increase the parking demand for the site from the existing 104 parking stalls to 147 parking stalls. In addition to a change in parking, the landscaping would need to be updated and added-to to meet current codes of the proposed CMU zone. In addition to the parking and landscaping demands the project would have, there are design standards in the CMU zone that the current building does not meet, and the proposal does not show addressing. The “findings of fact” section notes all of the code deficiencies described in these paragraphs. Planning Commission recommended denial. This is a bit odd as the Planning Commission first recommended denial of the rezone, but approved the project plan that is contingent upon the rezone. Presentation only. This item was already scheduled for the Council Meeting on December 1, 2020. - An ordinance amending General Plan Map Designation of property located at 1555 N Canyon Road from Commercial to Residential. Carterville Neighborhood. (PLGPA20200062)
Paul Washburn, an agent for the property owner, is requesting a General Plan map amendment from commercial to residential for the conversion of a motel to residential units at 1555 N Canyon Road. This request has an associated project plan proposal and a zone map amendment from CG to CMU. The proposal shows converting the motel rooms to residential units, with 96 studio units and one two-bedroom unit. This conversion would increase the parking demand for the site from the existing 104 parking stalls to 147 parking stalls. In addition to a change in parking, the landscaping would need to be updated and added-to to meet current codes of the proposed CMU zone. In addition to the parking and landscaping demands the project would have, there are design standards in the CMU zone that the current building does not meet, and the proposal does not show addressing. The “findings of fact” section notes all of the code deficiencies described in these paragraphs. Lastly, the provided TDM plan refers to 93 residential units and 104 parking stalls when it evaluates the validity of the transportation strategies. This does not match the proposed plans of 97 residential units and 96 parking stalls. These differences in numbers call into question how viable the project can be at the reduced parking count. Planning Commission recommended denial. This item is related to the last one. The General Plan map calls for this property to be Commercial, but the proposal would require it to be redesignated for residental. Presentation only. This item was already scheduled for the Council Meeting on December 1, 2020. - An ordinance amending the Zone Map Classification of approx. 11 acres of real property, located at 1920 W Center Street, from Community Shopping Center (SC2) to Neigh. Shopping Center (SC1) and Medium Density Residential (MDR). Fort Utah Neighborhood. (PLRZ20200282)
The Provo City Development Services department is requesting a zone change from the Neighborhood Shopping Center (SC2) zone to the Medium Density Residential (MDR) zone and Neighborhood Shopping Center (SC1) for four parcels of land around 1920 West Center Street. The subject property was zoned SC2 approximately 20 years ago for a grocery store. Citizens filed a lawsuit to challenge the zone change and the grocery store was never built. Within the subject property the Dell Cox Family Partnership own 5.5 acres. Smith’s Food and Drug Centers holds a lease on the Cox property and they own the remaining property. A west-side grocery store is a priority to the city administration and to the citizens of west Provo. The current SC2 zone has had a stifling effect on obtaining a west-side store. Potential grocers are hesitant to move forward with a store if a competing store could be built on the subject property. The city staff has spent years encouraging the property owner to move forward with a grocery store. Since it is apparent a grocery store is not going to happen on the subject property, it is in the city’s interest to rezone the subject property so a grocery store may be located elsewhere on the west side. Planning Commission recommended approval. We've been waiting for 20 years and this has been a continual discussion for the years I've been on or closely paying attention to the Council. In some ways, this is a fairly drastic step; in others, not so much. But one thing this is not is rushed. We would love for the landowners to build a grocery store here. If they have no intention to do so, then it is appropriate to rezone the land to accommodate something that will be built. This item was continued prior to the meeting.
Business
Administration
Policy Items Referred from the Planning Commission
Closed Meeting
Adjournment
PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda
5:30 PM, Tuesday, December 1, 2020
- A resolution adopting the 2021 Council regular meeting schedule. (20-145)
Annual adoption of the next year’s meeting schedule. Next year's meeting schedule fell into place nicely. Usually there are more conflicts and it is harder to uniformly space out the meetings. All items on the consent agenda were approved 7:0. Action Agenda
- A resolution supporting the preservation of Bridal Veil Fall for natural scenic and recreational purposes. (20-246)
This was item 1 in the work meeting. By passing the resolution the Provo City Council is showing their support to maintain Bridal Veil Falls in its natural state for the enjoyment of Provo City and Utah County residents and the countless visitors who come to see Bridal Veil Falls. See my preview for item 1 in the work meeting. Approved 7:0. - An ordinance amending Provo City Code regarding permitted uses in the Neighborhood Shopping Center (SC1), Community Shopping Center (SC2), And Regional Shopping Center (SC3) Zones and related provision. Citywide Application. (PLOTA20190429)
This was item 7 in the work meeting. See my preview for item 7 in the work meeting. Approved 7:0. - An ordinance Amending Provo City Code to enact The Open Space, Preservation and Recreation (OSPR) Zone. Citywide Application. (PLOTA20200140)
This was item 8 in the work meeting. See my preview for item 8 in the work meeting. Approved 7:0. - An ordinance amending the Zone Map classification of approx. 1,291 acres of real property located within the boundaries of Provo City, from various zone classifications to Open Space, Preservation and Recreation (OSPR). Citywide Impact. (PLRZ20200265)
This was item 9 in the work meeting. See my preview for item 9 in the work meeting. Approved 7:0. - An ordinance amending Provo General Plan Sections 1.2.9 And 1.2.10 Related to the Key Land Use Policies (North Area Guiding Principles) And Urban Growth and Land Use Annexation. Citywide Application. (PLGPA20200357)
This was item 10 in the work meeting. See my preview for item 10 in the work meeting. Approved 7:0. - An ordinance amending Provo City Code to remove references to “Community Development Director.” Citywide Application. (PLOTA20200310)
This was item 11 in the work meeting. See my preview for item 11 in the work meeting. Approved 7:0. - An ordinance amending Provo City Code to clarify spacing requirements for accessory structures in Residential Conservation (RC) Zone. Citywide application. (PLOTA20200291)
This was item 12 in the work meeting. See my preview for item 12 in the work meeting. Approved 7:0. - An ordinance amending the Zone Map Classification of approximately 0.34 acres of real property, generally located at 590 West 300 South, from Residential Conservation (RC) to Very Low Density Residential (VLDR). Franklin Neighborhood. (PLRZ20200287)
This was item 13 in the work meeting. See my preview for item 13 in the work meeting. Approved 7:0. - An ordinance amending the Zone Map Classification of approximately 4.6 acres of real property, generally located at 34 S 2530 W, from Agricultural (A1) to Residential (R1.8). Provo Bay Neighborhood. (PLRZ20200156)
This was item 14 on the work meeting agenda. See my preview for item 14 in the work meeting. Approved 7:0. - An ordinance amending the General Plan Map Designation of real property located at 1555 N Canyon Road from Commercial to Residential. Carterville Neighborhood. (PLGPA20200062)
This was item 16 on the work meeting agenda. See my preview for item 16 in the work meeting. Approved 7:0. - An ordinance amending the Zone Map Classification of approximately 1.91 acres of real property, generally located at 1555 North Canyon Road, from General Commercial (CG) to Campus Mixed Use (CMU). Carterville Neighborhood. (PLRZ20200085)
This was item 15 in the work meeting. See my preview for item 15 in the work meeting. Approved 7:0. - An ordinance amending the Zone Map Classification of approx. 11 acres of real property, located at 1920 W Center Street, from Community Shopping Center (SC2) to Neigh. Shopping Center (SC1) and Medium Density Residential (MDR). Fort Utah Neighborhood. (PLRZ20200282)
This was item 17 in the work meeting. See my preview for item 17 in the work meeting. - ***CONTINUED*** The Community and Neighborhood Services Dpt requests an Ordinance Text Amendment to correct and update non-substantive references in Titles 6, 14, and 15 of the Provo City Code for improved clarity. Citywide application PLOTA20200309
This item was not ready to be heard. - ***CONTINUED*** Rezoning of approx. 8.5 acres from CM, RA, R1.6, R1.10, and A1.5 to the MDR Zone, to facilitate the construction of 204 dwelling units, located at approx. 1724 S. State Street. Spring Creek Neighborhood PLRZ20190356
This item was not ready to be heard.
Opening Ceremony
Public Comment
Fifteen minutes have been set aside for any person to express ideas, concerns, comments, or issues that are not on the agenda:
Please state your name and city of residence into the microphone.
Please limit your comments to two minutes.
State Law prohibits the Council from acting on items that do not appear on the agenda.
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