Sunday, October 27, 2019

Citizens Agenda for Meetings on October 29, 2019


Citizens Agenda

Council meeting agendas are often difficult for people to navigate. Filled with jargon and legal requirements on how an item must be listed, it can be a challenge to determine what Council members are actually discussing or deciding on.
What follows is a staff interpretation of the agendas.
The official published agendas and supporting materials can be found here:  http://agendas.provo.org

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda
12:30 PM, Tuesday, October 29, 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.

Policy Items Referred from the Planning Commission
  1. An ordinance amending Provo City Code regarding Planning Commission approval of reductions in required parking, including for multi-family residential uses. City-wide application. (PLOTA20190289)
    • The proposed ordinance amendment will amend the text of Section 14.37.050 of the Provo City Code, relating to Reduction in Off-street Parking Requirements to remove the requirement of a Conditional Use Permit and to allow residential developments to apply for a reduction in off-street parking requirements based on a TDM plan approved by the Planning Commission in a Project Plan application. Planning Commission recommended approval.
Business
  1. A resolution of the Provo City Municipal Council authorizing the acceptance of a Utah State Infrastructure Bank Fund Loan for the Airport. (19-087)
    • The Public Works Department intends to apply for a $5 million State of Utah Infrastructure Bank Fund loan to front the costs of infrastructure for the new Airport Terminal. The application for the loan will be considered before the Utah Department of Transportation Commission in September. Prior to receiving funds, the Commission requires a resolution by the Council. It is anticipated that MAG funding to be programmed for 2023-2024 will be used to repay the loan.
  2. A presentation regarding the Young Single Professionals Committee. (19-115)
    • Amber Savage and Bill Hulterstrom have requested time to present to the Council about the Young Single Professionals Committee. This committee was created by Mayor Kaufusi.
  3. A discussion regarding the policy direction for the allocation of sewer connections for developments west of I-15. (19-110)

    • This discussion follows presentations and discussions on the topic in two Work Meetings on October 8, August 27, and September 10, 2019.
    • For many years, City officials in Provo have known that sewer system capacity was a limiting force in further residential and commercial development in Provo west of Interstate 15. The wastewater collection system in west Provo was planned for many years based on most of west Provo remaining in agricultural use as identified in the general plan. However, in the last 10-15 years, there has been greater demand for additional residential development in this area. Within the last few years, the City has adopted a new Southwest Area Plan in the General Plan document that gives much more specificity as to planned development and density in the area. Additionally, Provo High School has moved to the northwest area in the city, consuming some sewer capacity and likely stimulating more growth in the future in this area of the city. Provo School District has also announced plans to relocate Dixon Middle School to southwest Provo in the next few years, which will also require added sewer capacity in this part of Provo.
    • With a number of forces at work, many land owners and developers in the area have argued that additional sewer capacity on the west side has become more critical and time-sensitive, and would like to approach the Council to consider strategies to accelerate capacity expansion.
    • Council leadership has asked that Public Works staff come to the work meeting on August 27 to provide some history and context and to talk specifically about the current CIP plan and how it relates to this increasing demand. They have also offered to some of the larger developers and land owners in this part of Provo to present their plans and perspectives on September 10. Our hope is that if the Council would like to see any alternatives to the current CIP plan and strategy, the Council would ask staff after the September 10 meeting to develop some scenarios that could be considered.
    • The Administration sees this as an important policy question that impacts the City budget, development pace on the west side, housing availability, agricultural preservation, transportation, and other important policy issues. The Council's consideration of any potential policy changes should be made carefully with good data and careful consideration, and these discussions are intended to begin a dialogue with the stakeholders to see if a change in current policy is warranted or advisable.
  4. A discussion regarding a potential Sensitive Lands ordinance amendment. (19-117)
    • The Foothills Protection Committee has reviewed the Foothills and Canyon Overlay Zone (FCOZ) currently in effect in Salt Lake County. The FCOZ provides protection to the aesthetic and natural elements along foothills and canyon areas in the County. Provo City Code Chapter 15.04 (Sensitive Lands) has some elements meant to protect areas that could be vulnerable to grading and cutting, however, there is interest from the Foothills Protection Committee to explore adopting elements of the FCOZ into the Provo City Code and attempt to further protect Provo Foothills in a similar manner to what Salt Lake County has done with the FCOZ.


  1. An ordinance amending Provo City Code to correct and update Section 3.08.010 (Officials' Oaths and Bonds Required). (19-113)
    • Current Provo City Code 3.08.010 requires that certain city officials take an oath of office and provide a bond, but is somewhat ambiguous. In the 2019 regular legislative session, Utah Code Section 10-3-831 was enacted to clarify the bond requirement. The Legal Department proposes that 3.08.010 be repealed and replaced by language complying with the current Utah statute.
  2. A discussion regarding parking permit programs policy. (19-120)
    • As the Council discusses parking permit programs across the city, it has been requested that the Council discuss their general approach to them.
  3. A discussion regarding Downtown Provo parking program policy. (19-116)
    • The Downtown Parking Committee has been involved in regular meetings since August 2019. At this point they feel prepared to meet and discuss a policy that could be adopted to guide the Administration as they move forward with implementing a parking program in the Downtown Provo area.
  4. A discussion regarding an update on parking enforcement in the new department structure. (19-114)
    • Provo City will be moving parking enforcement and licensing functions from Customer Service to Community and Neighborhood Services to improve coordination among the various functions in that department like parking management and code enforcement.
  5. A discussion regarding the Sign Ordinance Committee's proposed text amendment to clarify sign size requirements in 14.38.120-140. (19-119)
    • As part of its comprehensive review of electronic sign regulations in Provo City Code, the Sign Ordinance Committee proposes new language and tables to clarify the sign size requirements found in PCC 14.38.120-140. The current graphs have not been updated in several decades and lack introductory text. The committee proposes that introductory text be added and that the graphs be replaced with tables.
  6. A discussion regarding hold time for electronic signs. (19-118)
    • Currently, Provo permits electronic signs to change their message once per eight seconds in high-churn areas and three times per day in low-churn areas. The Sign Ordinance Committee has discussed amending these hold times and would like to hear the thoughts of the other members of the Council. When staff researched electronic sign policy in thirteen other local cities, they found that six of the 13 cities had a hold time of eight seconds. Eight seconds is also the state standard. Some cities permitted hold times as short as two seconds or had no hold time policy. None of the cities had hold times longer than eight seconds.
  7. A resolution appropriating $98,432 in the General Fund for an Economic Development Director position in the Development Services Department. (19-111)
    • Recently, the Administration recommended and the Council supported a transfer of funds from the new Development Services Department to the Mayor's Office to fund the new Assistant CAO position. At the time, we believed that there were adequate funds in the Economic Development Division to fund their needs as well as the new position. Following a more comprehensive budget review, we realized that funds for a vacant position in the Economic Development Office had been taken during the FY2020 budget process and allocated elsewhere in the budget and that the Department has been left with a budget not sufficient to replace the Economic Development Director at a level commensurate with the Mayor's vision for this critical function. It is the recommendation of the Mayor, Administration, and the Director of Development Services that we appropriate $98,431 from the General Fund balance to the Department of Development Services to adequately fund the economic development functions of the City. As we prepare for the FY2021 budget, we will look for ways to fund the position on an ongoing and sustainable basis.
  8. A discussion regarding updates to Title 18 of City Code Including Associated Drainage Manual and Management Program. (19-109)
    • The stormwater design manual has not been updated since 1986. This manual, along with the city stormwater management program and illicit discharge detection and elimination manual, are adopted into Title 18 by reference. The Public Works Stormwater team proposes updates to these manuals and other wording contained within Title 18.






Policy Items Referred from the Planning Commission
  1. An ordinance to amend Provo City Code to identify zones where cannabis production is permitted. Citywide application. (PLOTA20190365)
    • With a mandate from the State of Utah requiring that cannabis production establishments be allowed in all agricultural and industrial zones—unless the City acts to establish at least one (1) agricultural zone and one (1) industrial zone that permits such use—and an inquiry from the public regarding where such use can be conducted in the City, staff believes it is important for the City to consider where this use should be permitted within City boundaries.
    • Staff notes the relative newness of the legal, medicinal use of cannabis in Utah and Provo City, as well as the laws for such. Further, approximately 50-percent of the land within the City lies in either an agricultural or industrial zone. It is staff’s opinion that the City should begin administering the use by permitting it in one (1) agricultural zone and one (1) industrial zone, only, with the idea that the City would consider cannabis production establishments in other zones through applicant initiated applications.
    • If approved, this text amendment would permit cannabis production facilities in the A1.10 (Agricultural) Zone and the FI (Freeway Industrial) Zone. The A1.10 Zone requires a minimum parcel/lot size of 10 acres. Nearly all of the A1.10 zoned land is located near the airport (north and east of it). Currently, the cultivation of crops is a permitted use in the A1.10 Zone. All of the FI zoned land is located on the west side of I-15 on the very north end of the City. The minimum parcel/lot size in the FI Zone is 10,000 SF. Currently, drug related uses (e.g., manufacturing of medicinal chemicals or analgesics manufacturing) are conditionally permitted in the FI Zone. There is a combined total of approximately 480 acres of land in the A1.10 and FI Zone. The proposal also includes a definition of cannabis production establishment, which definition reads essentially the same as the definition for such in Subsection 4-41a-102(7) of the Utah Code.
    • Planning Commission recommended approval.
  2. An ordinance amending Provo City Code to clarify development landscaping requirements and allow for xeriscape. City-wide impact. (PLOTA20190280)
    • The Community Development Department has proposed to amend the Development Landscaping Requirements (15.20), Permissible Lot Coverage (14.10.120) and Illustrations (14.06.030). These amendments are to further the goals and objectives of the General Plan. One goal from the General Plan is to encourage xeric landscaping around the perimeter of residential projects. Staff has identified that additional standards to the aforementioned sections of Provo City Code would provide aid in community beautification and enforcement of code regulations. Planning Commission recommended approval.
  3. An ordinance amending the zone map classification of approximately 11.87 acres of real property generally located at 1400 S State Street from Residential (R1.10) to Medium Density Residential (MDR). Spring Creek Neighborhood. (PLRZ20190154)
    • John Kollman is requesting zone change approval from R1.10 to MDR for land between South State Street and the railroad tracks, and between 1320 South and 1512 South. The concept plan for this zone change consists of thirteen, four-story buildings with sixteen units each and a total of 470 parking stalls. The concept also shows a total of 29,672 square feet of open space, or about twelve percent of the gross floor area of the project. Approval of the zone change will require the applicant to return to the Planning Commission with a full project plan, showing that it will meet all code requirements associated with the MDR zone. Planning Commission recommended approval.
  4. A discussion regarding a PRO Zone rezone and accompanying ordinance text amendment for one acre of property generally located at 385 N 500 W. Dixon Neighborhood. (PLRZ20180293 and PLOTA2018292)
    • This item is the requested rezoning of approximately 0.91 acres (1/4 of the block) from the RC to the 500 West Medium-Density Mixed-Use PRO Zone. The creation of that PRO zone is being presented in a preceding item. The property is currently zoned RC Residential Conservation. The Timpanogos Elementary School is located directly to the north of the McClean properties. To the east, across 500 West, is an RC Zone, mostly consisting of residential uses. Directly to the south the property is zone PO Professional Office, and is developed with an office building. To the southwest are the Dixon Place townhomes that are within an MDR Medium Density Residential zone. And, to the west the property borders an R1.6A area, with the closest dwelling being a duplex fronting on 400 North. In the R1.6A area, only one other dwelling is as close as 50 feet to the McClean property, with the others being over 100 feet away. The existing uses on the properties to be rezoned include a duplex, a six-unit apartment building, and a medical clinic. The medical clinic also includes five legal residential units in its basement. The intent of the proposed rezoning would be to allow an additional six-unit apartment building on the site. As with the existing six-unit apartment building, the new building would include six, two-bedroom units.
    • Planning Commission recommended approval.


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 29, 2019
Opening Ceremony
  • Items in this category do not involve legislative action.
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.
Action Agenda
  1. A resolution requesting the recertification of the Provo City Justice Court by the Utah Judicial Council. (19-112)
    • Utah State Code requires Justice Courts to be recertified at the end of each four-year term. The current term of the Provo City Justice Court will expire in February 2020.
  1. A resolution of the Provo City Municipal Council authorizing the acceptance of a Utah State Infrastructure Bank Fund Loan for the Airport. (19-087)
    • This was item 2 on the work meeting agenda.
  2. A resolution appropriating $98,432 in the General Fund for an Economic Development Director position in the Development Services Department. (19-111)
    • This was item 12 on the work meeting agenda.
  3. An ordinance amending Provo City Code to correct and update Section 3.08.010 (Officials' Oaths and Bonds Required). (19-113)
    • This was item 6 on the work meeting agenda.
  4. An ordinance to amend Provo City Code to identify zones where cannabis production is permitted. Citywide application. (PLOTA20190365)
    • This was item 14 on the work meeting agenda.
  5. A public hearing regarding the creation of a permit parking area at approximately 1625 North 300 West in the Carterville Neighborhood. (19-108)
    • This public hearing is the first step in the process to study the creation of a permit parking area in the Carterville Neighborhood. A petition was initiated by Jim Gale regarding an area around 1625 North 300 West.



  1. An ordinance amending Provo City Code to clarify development landscaping requirements and allow for xeriscape. Citywide impact. (PLOTA20190280)
    • This was item 15 on the work meeting agenda.
  2. An ordinance amending the zone map classification of approximately 11.87 acres of real property generally located at 1400 S State Street from Residential (R1.10) to Medium Density Residential (MDR). Spring Creek Neighborhood. (PLRZ20190154)
    • This was item 16 on the work meeting agenda
  3. An ordinance to amend Provo City Code to clarify that electronic display and animated signs are prohibited in Agricultural and Residential zones. Citywide application. (PLOTA20190351)
    • The Provo City Department of Development Services is requesting a text amendment to Section 14.38.010, to add a clarification that Electronic Display and Animated Signs are prohibited in agricultural and residential zones. Although the prohibition can be understood from language in other sections of the ordinance, staff believes making the prohibition explicit in Section 14.38.010 reduces possible confusion that might occur without the change. Planning Commission recommended approval.
  4. An ordinance amending the zone map classification of approximately one acre of property, generally located at the 385 N 500 W, from Residential Conservation (RC) to a Project Redevelopment Option Zone (PRO Zone). Dixon Neighborhood. (PLRZ20180293)
    • This was item 17 on the work meeting agenda.
  5. An ordinance amending Provo City Code Section 14.50 to establish the 500 West Medium-Density Mixed-Use Project Redevelopment Option Zone (PRO Zone). Dixon Neighborhood. (PLOTA20180292)
    • This was item 17 on the work meeting agenda.
  6. An ordinance amending Provo City Code regarding Planning Commission approval of reductions in required parking, including for multi-family residential uses. City-wide application. (PLOTA20190289)
    • The proposed ordinance amendment will amend the text of Section 14.37.050 of the Provo City Code, relating to Reduction in Off-street Parking Requirements to remove the requirement of a Conditional Use Permit and to allow residential developments to apply for a reduction in off-street parking requirements based on a Transportation Demand Management plan approved by the Planning Commission in a Project Plan application. Planning Commission recommended approval.
  7. 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)
    • 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.
  8. 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)
    • 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.
  9. ***CONTINUED*** Provo City Com Dev Dept requests amendments to Sec 14.34.295 Downtown Development Design Standards to clarify architectural requirements. Downtown, Joaquin, Maeser, Franklin, Timp Neighborhoods. (16-0005OA)
    • This was not ready to be heard.
  10. ***CONTINUED*** Provo City Public Works Department requests amendments to Section 15.03.020(3) to update 2019 standards to 2020 standards. Citywide impact. (PLOTA20190366)
    • This was not ready to be heard.
  11. ***CONTINUED*** The Community Development Department requests approval of the 2019 Moderate Income Housing Plan, which is an update to the existing plan. City-wide. PLGPA20190194
    • This was not ready to be heard.









Adjournment

What do those numbers at the ends of the agenda items mean?
    • Items on the agenda are given a file number by Council staff or Community Development staff to help with tracking the item through the legislative process and to organize the supporting materials.
    • You may find it helpful in cases where an item may be worded a little differently on different agendas. Matching up that file number helps you see that it is the same issue.
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