Monday, November 9, 2020

Council Meetings - 10 November 2020

The Planning Commission has been "continuing" several items over the past few meetings. Which made for lighter council meetings. Until this time, when the log jam appears to have been broken. The support documents for the Work Meeting hit 746 pages, and the packet for the Council Meeting weighs in at 853. They were pretty brutal to slog through. I was hoping to respond to more email, but I'm not sure I'm going to be able to get to that before the meetings begin tomorrow. But I do read every one.

Most of the hot topics in this set of meetings are fairly localized, development or parking permit proposals that only ignite the passion of people who live nearby. The discussion on electronic signs is the only one that strikes me as having broader interest.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 pm, Tuesday, November 20, 2020


    Business


  1. A resolution appointing an audit firm. (20-239)
    In 2016, the Municipal Council appointed Hansen Bradshaw Malmrose and Erickson (now known as HBME) following a RFP process that received eight proposals. HBME has, pre-emptory to an expected RFP process in the new year, proffered a three-year extension at a $5,000 discount from FY2020's $47,000 audit fee. The proposed fees are $42,000 for the financial audit, statement preparation, and single audit for the fiscal years ending June 30, 2021, June 30, 2022, and June 30, 2023, the same rate paid for FY2016. Staff believe this to be a good offer, worthy of consideration. Normally, we would put the audit to RFP every three to five years, we have asked on behalf of the Council for exemption from the City's purchasing policies (see Compatibility section below) to be allowed to proceed. If it chooses to do so, the Council will need to formalize the appointment by resolution Generally, it is good practice to go out for bids. Our current auditing team offered a contract extension at a good discount. With the in-person complications due to the pandemic, there are good reasons to consider this extension before going out for additional bids. The decision is being made in public for transparency. Presentation only. This item was already scheduled for the Council Meeting on November 10, 2020.
  2. An update on Utah Valley Hospital. (20-237)
    Kyle Hansen, Utah Valley Hospital Administrator, and Janet Frank, Media Manager, are making a presentation to the Council about the activities at the hospital during the last year. There is not any additional information on this one. It looks to be a simple update as the hospital nears the completion of its expansion and rebuild. I've appreciated the collaborative and communicative approach that Intermountain Healthcare has taken. Presentation only.
  3. A presentation on Carterville Parking Permit Program (19-108)
    Carterville resident Mary Gale has requested that a new Residential Parking Permit Program be created in the Carterville Neighborhood on 300 West from Cougar Boulevard to 1625 North, 380 West from 1300 North to 1500 North, 1300 North from 300 West to 380 West, 1500 North from 380 West to 300 West, and 1625 North from 300 West to Freedom Boulevard. On October 9, 2019, Provo City Council directed the Community and Neighborhood Services Department to study this proposal and recommend action.
    Staff recommendation to not approve parking permit expansion proposal; continue to monitor area for other potential parking regulations.
    I have so many thoughts on this item I don't know where to begin. One of the ideas suggested is changing our code to allow off-premise shared parking for residential properties. There is merit to the argument, but it doesn't apply in this case. There is nothing in our code that prevents shared parking; it just can't be used to meet the parking minimums that apply when projects are built. I agree with the recommendation that a traditional permit program is not a good fit for the parking congestion seen in this area, but there are other options. Presentation only. The Council may schedule a public hearing at a future date.
  4. A presentation on Slate Canyon Drive parking permit proposal. (18-084)
    Residents of the Provost and Provost South neighborhoods have expressed concerns over on-street parking in their neighborhoods, especially along Slate Canyon Drive. Because of these concerns, residents desire to implement a parking permit program to control on-street parking. Over 200 residents provided input regarding a permit program they hope will reduce need for zoning enforcement, reduce parking demand, and bring peace in the area. The following details provide information on the residents’ proposal.
    Because of the prohibitive annual costs of the on-street parking permit program proposed by the residents, staff suggests a phased approach of on-street parking management strategies along Slate Canyon Drive.
    I'd be surprised if on-street parking is more congested during the day than in the evening. Staff's counter-proposal calls for 2-hour parking limits to be enforced during the daytime. I can see how this would prevent cars from being left for multiple days, but I'm not sure it would address the heart of the matter. Presentation only. The Council may schedule a public hearing at a future date.
  5. A presentation on University Gardens parking permit proposal. (20-240)
    Foothill resident Brennan Barfuss has requested that the University Garden Parking Permit Area be expanded to include 820 North from 1025 East to 900 East to prevent those who live outside the neighborhood from parking on the street. On February 4, 2020, Provo City Council directed the Community and Neighborhood Services Department to study this proposal and recommend action. This report contains our findings and recommendations. Staff recommendation is to not implement parking permit expansion proposal; continue to enforce 72-hour limit instead I have mixed feelings about this request. It seems crazy to offer four parking permits per housing unit. Also, reviewing all of these requests brings up my long-standing concern about taking publicly owned space (street shoulders), paying to pave them with public money, using public money to maintain and repair the space, and then restrict public access from the space, and reserve it to just a few members of the public who pay a fee that doesn't even cover the cost to enforce their exclusive use of the public space. Presentation only. The Council may schedule a public hearing at a future date.
  6. A discussion regarding the renewal of the Urban Deer Program. (20-224)
    On July 07, 2019 Provo city entered into an agreement with Humphries Archery, LLC to provide for urban deer removal in accordance with the Urban Deer Plan approved by the Council. The contract was for one year and allowed for the city to renew the contract. The year has expired, and the Council need to make a decision if they wish to continue with the urban deer removal program and renew the contract with Humphries Archery. I would love to see quantifiable evidence that this program is making a positive difference. I do recognize how difficult it is to collect such evidence. In the meantime, I'm comfortable moving forward with it again this year. Presentation only. This item was already scheduled for the Council Meeting on November 10, 2020.
  7. A discussion regarding proposed amendments from the Sign Committee to Provo City Code regarding electronic sign hold times. (20-101)
    This item is a continuation of the discussion from July 7, 2020 and October 20, 2020. The Sign Committee has spent the last year reviewing Provo City's policy regarding electronic signs. At the suggestion of the committee, the Council approved an ordinance prohibiting electronic signs in residential and agricultural zones in October 2019. The committee is now bringing a second proposal to the Council for consideration.
      The committee proposes that Provo be divided into three areas:
    1. 1. areas where digital signs are prohibited
    2. 2. areas where long hold times no shorter than one hour are permitted
    3. 3. areas where short hold times no shorter than one minute are permitted (unless the sign is in an SC3 zone and represents 20 or more tenants, in which case the shortest permitted hold time would be 15 seconds)
    Digital Sign Hold Time Principles v6 gives more details and outlines where each would be applied. After reviewing the available academic literature and visiting with local business owners, the committee believes that this is the best compromise between Provo's commitment to public safety and the need to create an environment where local businesses can thrive. A more thorough explanation of the rationale behind this proposal, including a short list of studies consulted, is available in the Digital Sign Ordinance Preamble. In Provo City Code, the current long hold time is that a sign may change up to three times per day. The short hold time is eight seconds, which is the most common hold time in neighboring cities.
    I am concerned about potential unintended consequences, but I am also worried about the consequences of not moving forward with this issue. We can make adjustments as the process advances. Presentation only.

  8. Policy Items Referred from the Planning Commission


  9. An ordinance amending the zone map classification of approximately 18 acres of real property, generally located at 1920 South 500 West, from Agricultural (A1.20) to Low Density Residential (LDR). Lakewood Neighborhood. (PLRZ20190182)
    D.R. Horton is requesting a zone change from Agricultural (A1.20) to Low Density Residential (LDR) for a townhome development of 206 units near 1920 South and 500 West. They have been working through different versions of the concept plan since 2019 and have been waiting for sewer capacity issues to be resolved. The current concept plan is phased to meet Section 15.03.105, Temporary Limitations on Certain Sewer Connections, in the Provo City Code. The plan proposes the first phase of 40 units, as well as the public street connecting 730 West to 500 West. In total there will be 206 townhomes, of three different designs, brought in over six phases of 40 or fewer units at a time. Proposed open spaces on the site include a volleyball area, tot lot, pickleball, with additional park space on the northeast and along Lakeview Parkway. This zone change includes a Development Agreement that would need to be approved by the City Council and Mayor. Planning Commission recommended approval. I'm not a fan of the layout of the development, or that 202 units are proposed using just three different townhome plans. Because the density is over 11 units to the acre, which is below the 15 units to the acre set by LDR but is above the target average for the area, I'm wondering how it is being offset. Presentation only. This item was already scheduled for the Council Meeting on November 10, 2020.
  10. An ordinance amending Provo City Code to increase the permissible lot coverage in the Del Coronado PRO Zone. Maeser Neighborhood. (PLOTA20200318)
    The Del Coronado PRO zone was established in 2008. This zone was applied to an acre of land which now consists of three parcels. The largest parcel was developed with an apartment and the other two parcels were designed for single-family homes. One of these two lots is slightly smaller than the other one. The applicant owns both lots and would like to build two new equally sized homes on these lots. He has run into an issue with the requirement in the zone that regulates how much of the lot can be covered by the structure. The code currently limits the lot coverage to no more than thirty percent of the lot to be covered by a structure. The applicant is requesting that this minimum lot coverage requirement be slightly increased from 30% to 35% to allow for these homes to be built. Planning Commission recommended approval. I'm inclined to accept the Planning Commission's recommendation on this one. I'm a bit confused because it appears there is already a structure there. Presentation only. This item was already scheduled for the Council Meeting on November 10, 2020.
  11. An ordinance amending the zone map classification of approx 1.7 acres of real property, generally located at 1320 South 1080 East, from Residential (R1.10) to Low Density Residential (LDR). Spring Creek Neighborhood. (PLRZ20200319)
    The property proposed for a zone change from the R1.10 (One-Family Residential) zone to the LDR (Low Density Residential) zone consists of a total 1.70 acres, including all of parcel 22:051:0071 and part of parcel 22:051:0024. The concept for these parcels includes ten twin homes on the north, eight detached homes on the west, and a parking lot and pickleball court on the south. The site would be accessed off of 1080 East and 1320 South, with only three lots having direct access from these streets. The remainder of the units would be accessed by interior roads in the project. All eighteen homes will have garages and there will be an additional eight visitor stalls on the south accessed from 1320 South. The parking provided would be 46 stalls, which is just over 2.5 stalls per unit. The project would have a density of 10.5 units per acre. The General Plan for this area is designated as Mixed Use. This designation on South State Street has been to provide a mix of uses on the west side of State Street from 900 South to 1860 South. The Southeast Neighborhood Plan envisioned MDR (Medium Density Residential) zoning for this portion of South State. Planning Commission recommended approval. This is a proposal for the development of land that Provo City has sold (or is in the process of selling). I think it is a good development. No negative comments have been received. Presentation only. This item was already scheduled for the Council Meeting on November 10, 2020.
  12. An ordinance amending the Zone Map classification of approximately 1.07 acres of real property, generally located at 50 East 3900 North, from Residential (R1.10) to Low Density Residential (LDR). Riverbottoms Neighborhood. (PLRZ20190265)
    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. The proposal conceives of demolishing the existing home to build ten townhomes on the site. This is a reduction from his earlier plans, and this latest plan has changed the orientation and architecture of the buildings to address previous concerns. The current zoning would allow the applicant a total of four units, while approval of an LDR zone would allow up to twelve units. The single-family home that is currently on the property is accessed from 3900 North, a residential street that leads to the Raynola and Canyon Cove subdivisions. Both existing subdivisions are single-family detached developments in the R1.10 zone. Several neighbors from these developments have written in opposition to the proposed zone change. The Planning Commission has continued this item at three previous hearings with the direction to redesign the concept plan associated with the zone change. Staff has worked with the applicant to help him address the major concerns stated by the neighborhood and Planning Commission members. The applicant has not brought forward a workable concept plan that can be moved forward for the purpose of a zone change request. However, if the zone change is approved, the applicant would need to work with Planning staff on a Project Plan application that meets all the detailed code requirements of the LDR zone. Planning Commission recommended approval with conditions. I've received many emails from neighbors opposing this request. I need to learn more about this project, but the Staff makes a compelling argument, and it has a near-unanimous recommendation from the Planning Commission. Presentation only. This item was already scheduled for the Council Meeting on November 10, 2020.
  13. An ordinance amending the Zone Map classification of approximately 0.25 acres of real property, generally located at 189 South 500 West, from Residential Conservation (RC) to Low Density Residential (LDR). Franklin Neighborhood. (PLRZ20200124)
    The applicant would like to divide the 0.25-acre one-family dwelling site and establish an additional dwelling site. The subject property lies in the Residential Conservation (RC) Zone, which does not allow for the creation of new lots, so the applicant is proposing a rezone of the subject property to the Low Density Residential (LDR) Zone (which does not have a prohibition on the creation of new lots and allows one-family dwelling sites with a minimum lot area of 4000 square feet). Originally, a request for a zone map amendment to the Very Low Density Residential (VLDR) Zone was brought to the Planning Commission (August 12, 2020 and September 23, 2020) and the Commission recommended approval. The City Council’s adoption of that proposed zone change was stymied by their decision to allow 4000 square foot lots in the LDR Zone, but not the VLDR Zone. Because of this decision, the applicant is now requesting an LDR zoning designation to take advantage of the 4000 square foot minimum lot area allowance. That meant the amended quest had to go to the Planning Commission again before returning to the City Council. The subject property is surrounded by the RC Zone. A 0.34-acre parcel—lying approximately 125 feet to the northeast of, and on the same block as, the subject property—was recently rezoned to the LDR Zone. The applicant’s parcel is over 10,000 square feet. Staff notes that the LDR Zone allows not only one-family detached housing, but also twin homes (8000 square foot minimum) and one-family attached housing or townhomes (10,000 square foot minimum). It appears the applicant will be proffering a development agreement to the City to limit the use of the subject property to one-family detached housing. Planning Commission recommended approval. I appreciate the patience of the applicant. Staff recommended asking for a VLDR (Very Low Density Residential) zone, presuming that the Council would reduce the minimum lot size for this zone. In the end, we decided not to lower the lot size requirement for VLDR and this forced the developer to change his application. Based on the last application, I don't have any qualms about approving the request, if we have assurance that he will proceed with what he has presented. Presentation only. This item was already scheduled for the Council Meeting on November 10, 2020.
  14. An ordinance amending Provo City Code to Section 15.03 to update Engineering Design Standards for 2021. Citywide application. (PLOTA20201348)
    Provo City Public Works regularly submits updates to the engineering design standards for clarity or to bring them in line with other regulations. Planning Commission recommended approval. This is the annual update. A lot of work has gone into the standards for retention and detention features for our stormwater system. Presentation only. This item was already scheduled for the Council Meeting on November 10, 2020.
  15. 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 12 supporting documents, with dozens of pages in each. I got lost trying to figure out how they all fit together. It appears that some of the documents are left over from the last time this item was presented to (but not approved by) the Council. I am not sure, but I believe it addresses my concerns from last time. Presentation only. This item was already scheduled for the Council Meeting on November 10, 2020.

  16. 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. None requested.

    Adjournment



PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, November 10, 2020



    Opening Ceremony

    Items in this category do not involve legislative action.

    Presentations, Proclamations, and Awards

    Items in this category do not involve legislative action.
  1. A recognition and commendation for Provo Citizen that through his actions helped police solve multiple crimes. (20-238)
    Sounds great. I'm looking forward to hearing the details. Our community is safer when we all care enough to do our part. This item was continued.

    Public Comment

    Instructions for making public comments at this electronic meeting can be found on the officially published agenda: agendas.provo.org.

    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.


    Action Agenda

  2. A resolution Appointing an Audit Firm. (20-239)
    This was item 1 in the work meeting. See my preview for item 1 in the earlier meeting. Approved 7:0. Now is a good time to extend this contract and then go through a full RFP next time.
  3. A resolution authorizing the Mayor to sign a contract for the Urban Deer Control Program and appropriating $7,625 from the General Fund in support of the contract. (20-224)
    This was item 6 in the work meeting. See my preview for item 6 in the earlier meeting. Approved 7:0. I wish the data were clearer about the positive impact of this program, but there are just too many compounding factors. The public was invited to weigh in, and many from the affected areas did just that. Some did not know that this program had been underway for a few years. Some incorrectly thought that it had been discontinued this past year and said that they had experienced far more deer this past year. Others said that they hadn't seen nearly as many deer this past year. In the end, we are under contract to continue the program this year, so there wasn't much of a question before the Council.
  4. An ordinance amending the zone map classification of approximately 18 acres of real property, generally located at 1920 South 500 West, from Agricultural (A1.20) to Low Density Residential (LDR). Lakewood Neighborhood. (PLRZ20190182)
    This was item 8 in the work meeting. See my preview for item 8 in the earlier meeting. "A motion to replace the ordinance in the implied motion with a version including a development A motion to replace the ordinance in the implied motion with a version including a development agreement was approved, after which the ordinance was approved 7:0. " I'm not thrilled with over two hundred new homes, all townhouses, using only three different designs. Councilor Ellsworth and I agreed to work with Community and Neighborhood Services to propose changes that will allow for and perhaps require better designed developments.
  5. An ordinance amending Provo City Code to increase the permissible lot coverage in the Del Coronado PRO Zone. Maeser Neighborhood. (PLOTA20200318)
    This was item 9 in the work meeting. See my preview for item 9 in the earlier meeting. Approved 7:0. A shabby storage building is being torn down and this allows a nice new home.
  6. An ordinance amending the zone map classification of approx 1.7 acres of real property, generally located at 1320 South 1080 East, from Residential (R1.10) to Low Density Residential (LDR). Spring Creek Neighborhood. (PLRZ20200319)
    This was item 10 in the work meeting. See my preview for item 10 in the earlier meeting. Approved 7:0. I'm excited about the design of this development. I wish more of the proposals that are brought to us would look like this.
  7. An ordinance amending the Zone Map classification of approximately 1.07 acres of real property, generally located at 50 East 3900 North, from Residential (R1.10) to Low Density Residential (LDR). Riverbottoms Neighborhood. (PLRZ20190265)
    This was item 11 in the work meeting. See my preview for item 11 in the earlier meeting. The implied motion to adopt the ordinance failed 1:6 with Councilor Shannon Ellsworth in favor, and Councilors David Sewell, David Harding, George Handley, Bill Fillmore, Travis Hoban, and David Shipley opposed. I was torn on this one. I think that LDR is appropriate for this location, but the nearby neighbors are near unanimously against it. I think that VLDR is an acceptable compromise.
  8. An ordinance amending the Zone Map classification of approximately 0.25 acres of real property, generally located at 189 South 500 West, from Residential Conservation (RC) to Low Density Residential (LDR). Franklin Neighborhood. (PLRZ20200124)
    This was item 12 in the work meeting. See my preview for item 12 in the earlier meeting. A motion to replace the ordinance in the implied motion with a version including a development agreement was approved, after which the ordinance was approved 7:0. The applicant is proposing to build single family detached but the LDR zone allows for other forms. The development agreement ensures that something else isn't built without returning first to the Council.
  9. An ordinance amending Provo City Code to update Engineering Design Standards for 2021. Citywide Application. (PLOTA20201348)
    This was item 13 in the work meeting. See my preview for item 13 in the earlier meeting. Approved 7:0. We update these design standards each year to keep current with the international standards. About half of the changes had to do with handling storm runoff and we had previously approved these changes.
  10. 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 14 on the work agenda. See my preview for item 14 in the earlier meeting. This item was continued.
  11. ***CONTINUED*** The Community and Neighborhood Services Dept. requests Zone Changes for various city parks from Public Facilities (PF) to the Open Space, Preservation and Recreation (OSPR) zone. Citywide Impact (PLRZ20200304)
    This item was not ready to be heard.
  12. ***CONTINUED*** Adding Open Space, Preservation and Recreation (OSPR) zone as City Code Chapter 14.33; amend City Code 15.20.080(2)(c), supplemental landscape reqs; 14.38.075, signs permitted within OSPR zone. Citywide application. (PLOTA20200140)
    This item was not ready to be heard.
  13. ***CONTINUED*** A General Plan Amendment to Sections 1.2.9 and 1.2.10 of the Provo City General Plan, relating to key land use policies and the annexation policy plan. Citywide application. (PLGPA20200357)
    This item was not ready to be heard.
  14. ***CONTINUED*** An ordinance amending the zone map classification of approx 5.33 ac of property, generally located at 1724 S State St, from Agricultural (A1.5) & Residential (R1.6) to Community Shopping Center (SC2). Spring Creek Nbhd. (PLRZ20190426)
    This item was not ready to be heard.


  15. Adjournment

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