Council Approves Rezone, Authorizes Administration Approval After Neighborhood Concerns Addressed

Site plan of the proposed development.

The Council recently approved a zone change for development of a property located at approximately 4850 North University Avenue. Through the process of meetings between the neighbors residing in the area and the developer, a mutually agreeable solution to potential neighborhood issues was reached through the use of a development agreement.

The developer offered the following conditions as part of the development after hearing neighbor concerns.

• A parcel of land at the southeast corner of the condominium property will be deeded to the condominium HOA so that current functions and use of condominium property are not interrupted.

• A motorized, mechanical gate will be installed at the sole cost of the applicant that will prohibit vehicle access into the condominium development by the public.

• The architectural theme, styling and materials used on commercial buildings in the SC-1 zone will be similar to and compatible with the Riverwoods Shopping Center;
• There will be installation of enhanced fencing along the north boundary of the SC-1 zone and south boundary of the condominium development.
• The property will be restricted from fast food restaurants with drive windows, gas stations, and 24 hour convenience stores on the property. The applicant is willing to place in deed restrictions on the property in favor of Provo City to memorialize these restrictions.
• The applicant is agreeable to a Development Agreement with Provo City, if that is preferable to the City.

Aerial photo of the site 

The Council then authorized the Mayor to finalize the agreement with the developer.

You may find a copy of the meeting materials from the Council’s rezone here.

Read the Neighborhood meeting report on the site here.

What are your thoughts on development agreements as a tool to resolve issues between developers and neighbors?