ADUs in Provo

The Utah State Legislature passed House Bill 82 (HB82) in the last legislative session and it went into effect on October 1, 2021. This has been the subject of a lot of discussion on whether or not Provo needed to do anything in regards to the new legislation. Councilors have received a lot of email on this topic and have met with various Provo residents. The Council also discussed the topic of accessory dwelling units (ADUs) in a joint meeting with our local state legislators. 

Prior to the discussion in the work and regular Council meetings on December 14, 2021, the Council's attorney offered up an analysis of the legislation and clarified the potential discussion points moving forward. You can watch the discussion in the Council meeting here: https://youtu.be/ABcrvUMe714?t=12192. The information is also provided below.

Councilors Sewell and Harding Reflect on Council Service

As 2021 comes to an end, Councilors Dave Sewell and Dave Harding are completing their service on the Provo City Council. We asked them to reflect on their experiences serving Provo City.

Citizens Agenda for the Meetings on December 14, 2021

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 

This meeting will be conducted as a hybrid meeting, with some in-person components as well as continued virtual meeting access. The meeting will be available to the public for live broadcast and on-demand viewing on YouTube and Facebook at: youtube.com/provocitycouncil and facebook.com/provocouncil. The in-person meeting will be held in the Council Chambers. For information on how to view the meetings and how to contribute public comments without attending in person, click here.

PROVO MUNICIPAL COUNCIL

Work Meeting Agenda

12:00 pm, Tuesday, December 14, 2021

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 presentation regarding the complete revision of the Provo General Plan to guide growth and development for the next 10 to 20 years in Provo. Citywide application. (PLGPA20210364)

•  A general plan is a visioning document that sets long-range goals and plans for how a city will grow over the next 10-20 years. It helps guide citywide policy decisions and priorities and inspires a city to look toward the future. General plans are also required by state statute, and this proposal meets the current requirements. City staff and DesignWorkshop (consultants) worked closely with residents to reflect their varied visions of how Provo can reach its potential and become a better place to live, work, and recreate for everyone who chooses to come here. This item was heard in the Planning Commission Study Session on November 10 and approved by the Planning Commission at the meeting on December 8, 2021.

2. A presentation from BYU Provo Lab regarding a school project researching Provo City Gateways. (21-117)

• The Community and Neighborhood Services Department worked with a BYU class for several fall semesters on various planning projects. This fall the class was tasked with researching five Provo City gateways. Students visited and studied their gateways and will provide context for gateways and address some problematic themes and suggestions for improvements to forward to consultants for a gateways plan in 2022. 

3. A presentation regarding the recommendations from TMAC for Center Street evaluation criteria. (21-118)

• Council requested the Transportation and Mobility Advisory Committee create criteria to evaluate future projects and developments along Center Street. The committee has spent the past year on this and would like to present this to Council. 

4. A presentation regarding the proposed dredging and development of Utah Lake. (21-122)

• The Utah Lake Restoration Project, started by Lake Restoration Solutions LLC, proposes to dredge part of Utah Lake to then create islands which would become home to new communities. According to the plan, this private development would pay for the lake’s ecological restoration. There are concerns about environmental impacts that this proposed project would have on the lake’s ecosystem. 

Policy Items Referred from the Planning Commission

5. An ordinance adopting Provo City Code Title 15.23 to adopt policies and procedures for the dedication of private streets and utilities. Citywide Application. (PLOTA20210360)

• The City has recently received multiple requests from owners (mainly HOAs) of private roads in Provo that their streets and/or utilities be converted to public ownership. However, the City Code does not currently have a procedure in place for accomplishing this, nor does it list factors to consider when evaluating such a request. The proposed ordinance achieves both objectives. It creates a new Chapter with three Sections. Planning Commission recommended approval.

6. An ordinance amending the Zone Map Classification of approximately 4.5 acres of real property, generally located at 1988 N Cove Point Ln, from Residential Conservation (RC) to Medium Density Residential (MDR) Zone. Grandview North Neighborhood (PLRZ20210331)

• The subject property comprises two (2) parcels with a combined acreage of approximately 4.5 acres. It lies in the RC (Residential Conservation) Zone— between State Street and Columbia Lane—on the northern border of the City with Orem. Single-family residences lie to the northeast and southwest of the development. A city water tank lies to the north, while professional offices lie to the southeast. There is a mix of zoning designations adjacent to the subject property. The lands to the northwest and northeast lie in the RC Zone. The adjacent property in Orem City is the R6.5 (Residential, 6500 SF lots) Zone with ASH (Affordable Senior Housing) Overlay Zone. Land to the south and west lies in the R1.8 and R1.10 Zones. The CG (General Commercial) lies southeast of Cove Point. 

7. An ordinance amending Provo City Code to allow Accessory Dwelling Units (ADUs) in the Agricultural (A1), Residential Agricultural (RA), and Residential (R1) Zones and to refine the development standards for ADUs. Citywide Application. (PLOTA20210345)

• During the 2021 Utah Legislative Session, the Legislature passed House Bill 82 (HB 82) which requires cities in Utah to allow Accessory Dwelling Units (ADUs) in more of their primarily residential-zoned areas. Most cities are required to allow ADUs in at least 75 percent (75%) of the area zoned primarily for residential uses; however, because Provo is home to a major university, it is only required to have a minimum of 33 percent (33%) of the areas primarily zoned for residential allow ADUs. Provo currently allows accessory apartments in approximately 20 percent (20%) of the areas zoned primarily for residential uses, therefore, at a minimum, must allow an additional 13 percent (13%) area where ADUs are permitted.

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

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PROVO MUNICIPAL COUNCIL

Regular Meeting Agenda

5:30 PM, Tuesday, December 14, 2021

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 presentation recognizing the Fall 2021 Provology participants. (21-120)

2. A presentation recognizing Council Leadership and retiring Council Members. (21-123)

Consent Agenda

• Items on the consent agenda are generally routine in nature, have been fully vetted in other meetings, or do not need additional discussion. They are approved together as one item.

3. A resolution adopting the Provo City Parks and Recreation Master Plan Update. (21-046)

4. A resolution approving the Wildlife Hazard Mitigation Agreement related to the Provo River Delta Restoration Project. (21-083)

5. A resolution authorizing the Mayor to sign lease agreements with Intermountain Golf Cars Inc. and Club Car Connect for 70 golf carts and accessories. (21-081)

Public Comment

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

• Dial 346 248 7799. Enter Meeting ID 871 4857 6574 and press #. When asked for a participant ID, press #. To join via computer, use the same meeting ID and enter passcode: 395819.

• 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

6. A resolution consenting to the appointment of individuals to Provo Housing Authority. (21-002)

• The Mayor has recommended the appointments of Eric Speckhard and Christian Faulconer to the Provo Housing Authority Board. The names have been presented to the Council and the Council has been asked to approve the resolution granting their advice and consent. 

7. A resolution reappointment Bob Conner as Provo City Constable to serve a four-year term. (20-121)

• Bob Conner started All Pro Security in 2006 after retiring from police work for 33 years. During his time on the force, he worked in all facets of law enforcement, including patrol, investigations, training, media relations and many supervisory positions. His last few assignments were as a Division Commander (Captain) over the Patrol Division and later the Support Services Division. Bob graduated from the F.B.I. Academy in 2001 along with obtaining a Degree in Criminal Justice from BYU. Bob has also been awarded the Patriot Award by the Employer Support of the Guard and Reserve for his support for Citizen Warriors. 

8. A presentation of the Comprehensive Annual Financial Report. (21-119)

• This is the annual presentation of this report based on the 2020-2021 Fiscal Year, prepared following the completion of  Provo City’s annual audit. 

9. A resolution appropriating $723,939 in the Police Department in the General Fund for police payroll adjustments. (21-110)

• Over the last several months, law enforcement agencies across Utah have been significantly increasing their compensation programs for police officers in an effort to more effectively recruit and retain officers. Recruiting and retention of officers has become quite challenging due to fewer aspiring police officers entering the field of law enforcement, the very tight labor market and low unemployment rates, and declining morale among officers in general due to changing societal attitudes toward the law enforcement profession. As Provo has begun to experience recruiting and retention challenges, City staff undertook a special market analysis and discovered that the City is less competitive in police compensation than we were just a few months ago. An appropriation is being requested to make changes to the City’s compensation structure for police officers to address the imbalance.

10. A resolution appropriating $199,165 in the Fire Department in the General Fund for a Fire Wildland Urban Interface Program. (21-114)

• “Our Wildland Urban Interface represents the single biggest threat to our city.” These words combined with the Range Fire and the Timpview Draw fire in 2020 have demonstrated the critical need to protect our Wildland Urban Interface. Our 2021 activities centered on fuel reduction programs in the Timpview Draw and along Lover’s Lane. These efforts represent a fraction of the WUI present in Provo. These activities utilized approximately 1000 staff hours and resulted in the removal of over 400 yards of green waste from 200 homes along the WUI. It is the Fire Department’s recommendation that an ongoing Community Risk Reduction program be implemented to address fire and life safety risk in the community. The department will propose an appropriation of funds for a Community and Firefighter Risk Reduction Specialist (one FTE), and four seasonal, full time, time-limited Fuel Mitigation Specialists.

11. An ordinance amending Provo City Code to comply with current state law regarding fireworks sale, distribution, and discharge of class C Consumer Fireworks. (21-113)

• During this year's extreme drought, City officials sought creative ways to allow individuals to still use fireworks but in more safe, controlled ways. As such, the 2021 firework season was a success for the city. To set the city up for success again regarding firework use and to align city code with current state statute, this ordinance is proposed to make some changes about Discharge Restricted Areas and revisions to match state laws.

12. An ordinance amending Provo City Code Chapter 6.06. establishing nighttime brightness standards and zones. (19-102)

• This was continued from the November 30 meeting. As Electronic Digital Signs become more widely used by businesses to advertise their services, there exists a potential for the light illuminating from these signs to cause a public nuisance, especially when those businesses are close to residential neighborhoods. The Sign Committee has been working with local sign companies and national standards that have been adopted by other jurisdictions to create a nighttime brightness standard to minimize the impacts of the light emitted from Electronic Digital Signs in areas in and around residential neighborhoods.

13. An ordinance adopting Provo City Code Title 15.23 to adopt policies and procedures for the dedication of private streets and utilities. Citywide Application. (PLOTA20210360)

• This was item 5 on the work meeting agenda.

14. An ordinance amending the Zone Map Classification of approx. 4.5 acres of real property, generally located at 1988 N Cove Point Ln, from Residential Conservation (RC) to Medium Density Residential (MDR) Zone. Grandview North Neighborhood (PLRZ20210331)

• This was item 6 on the work meeting agenda.

15. An ordinance amending Provo City Code to allow Accessory Dwelling Units (ADUs) in the Agricultural (A1), Residential Agricultural (RA), and Residential (R1) Zones and to refine the development standards for ADUs. Citywide Application. (PLOTA20210345)

• This was item 7 on the work meeting agenda.

16. ** CONTINUED** Community and Neighborhood Services requests a complete revision of the Provo General Plan to guide growth and development for the next 10 to 20 years in Provo. Citywide application PLGPA20210364

• This item was not ready to be heard.

17. **CONTINUED** Community and Neighborhood Services requests a General Plan Amendment to clarify the existing Westside Development Policies and Future Land Use Map with a Southwest Plan Intent Statement. Citywide. PLGPA20210242

• This item was continued by the Planning Commission.

Adjournment

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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.

Council meetings are broadcast live and available later on demand at https://www.youtube.com/user/ProvoCityCouncil 

To send comments to the Council or weigh in on current issues, visit Open City Hall or email all Council members at council@provo.org.

Citizens Agenda for Meetings on November 30, 2021

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 

This meeting will be conducted as a hybrid meeting, with some in-person components as well as continued virtual meeting access. The meeting will be available to the public for live broadcast and on-demand viewing on YouTube and Facebook at: youtube.com/provocitycouncil and facebook.com/provocouncil. The in-person meeting will be held in the Council Chambers. For information on how to view the meetings and how to contribute public comments without attending in person, click here.

PROVO MUNICIPAL COUNCIL

Work Meeting Agenda

12:30 pm, Tuesday, November 30, 2021

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 the appointment of City Constable. (21-111)

• The state code made some changes in 2019 regarding the nominating process for appointing a constable and moving the responsibility to the legislative body. Looking at the code it appears that even though the members of the commission are defined by statute, it must be “the legislative body of a city of the first or second class” that establishes the nominating commission. Furthermore, the entire commission needs to “review each applicant’s credentials.” We are asking the Council to establish the nominating commission, including having them select which Councilor, which judge (it doesn’t have to be our Justice Court judge) and which private citizen serve on the commission. Then the entire body needs to review all the data and make a recommendation to the Council. Alternatively, 17-25a-3 allows currently appointed constables to be reappointed (for a six year term rather than four) without the nominating commission even being involved. An option the Council could consider would be for Administration to bring a request for reappointment to the Council. Included is a recommendation from Judge Romney and ReAnnun Newton on reappointing Bob Conner and the City Constable. 

2. A presentation from the Housing Committee regarding an ordinance change for ADU’s. (21-112)

• During the 2021 Utah Legislative Session, the Legislature passed House Bill 82 (HB 82) which requires cities in Utah to allow Accessory Dwelling Units (ADUs) in more of their primarily residential-zoned areas. Most cities are required to allow ADUs in at least 75 percent (75%) of the area zoned primarily for residential uses; however, because Provo is home to a major university, it is only required to have a minimum of 33 percent (33%) of the areas primarily zoned for residential allow ADUs. Provo currently allows accessory apartments in approximately 20 percent (20%) of the areas zoned primarily for residential uses, therefore, at a minimum, must allow an additional 13 percent (13%) area where ADUs are permitted.

3. A presentation regarding the Parks and Recreation Master Plan Update - Recommendations and Implementation. (21-046)

• Provo Parks & Recreation has been working with Pros Consulting for over a year on this Master Plan update. Multiple public presentations have been held and feedback received in the preparation of this updated plan. Pros Consulting will give a virtual presentation of the final draft of the updated Parks and Recreation Master Plan at this work session. Discussion and recommendations from Council will be received and final adoption of the Plan is scheduled to be presented in the Council Meeting on December 14.

Citizens Agenda for the Meetings on November 16, 2021

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 

This meeting will be conducted as a hybrid meeting, with some in-person components as well as continued virtual meeting access. The meeting will be available to the public for live broadcast and on-demand viewing on YouTube and Facebook at: youtube.com/provocitycouncil and facebook.com/provocouncil. The in-person meeting will be held in the Council Chambers. For information on how to view the meetings and how to contribute public comments without attending in person, click here.

PROVO MUNICIPAL COUNCIL

Work Meeting Agenda

12:00 pm, Tuesday, November 16, 2021

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 presentation from the Housing Committee regarding an ordinance change for ADU’s to comply with Utah State Law. (21-102)

• Presentation on zoning compliance process with ADUs.

2. A presentation from the Sign Committee regarding the development and adoption of a nighttime brightness standard for on premises electronic digital signs. (19-102)

• As Electronic Digital Signs become more widely used by businesses to advertise their services, there exists a potential for the light illuminating from these signs to  cause a public nuisance, especially when those businesses are close to residential neighborhoods. The Sign Committee has been working with local sign companies and national standards that have been adopted by other jurisdictions to create a nighttime brightness standard to minimize the impacts of the light emitted from Electronic Digital Signs in areas in and around residential neighborhoods.

Administration: Mayor’s Update

3. A presentation regarding new Electric Rates for Shared Solar and Pilot Time of Use Rate. (21-109)

• Shared Solar is a community solar project built in Spanish Fork to provide residents the opportunity to purchase solar power and lock in the generation cost without the capital outlay required when purchasing solar for the rooftop.  This also allows residents who are not able to purchase solar for their homes because of circumstances beyond their control such as HOA covenants, renting or roof issues to purchase a slice of renewable generation.

• Time of Use (TOU) rates allow customers to shift the time they use energy from the peak in the City from 3:00 pm to 8:00 pm.  By shaving the peak, the City will pay less for the power and the savings will be given back to the customer.  The customer will need to be diligent in not using energy during the peak time of the day in order to save money on their bill.  In addition, we have added an electric vehicle charging rate for those who would like to save money when charging their vehicle from midnight to 8:00 am in the morning.

4. A presentation regarding compensation for Police Officers. (21-110)

• Over the last several months, law enforcement agencies across Utah have been significantly increasing their compensation programs for police officers in an effort to more effectively recruit and retain officers.  Recruiting and retention of officers has become quite challenging due to fewer aspiring police officers entering the field of law enforcement, the very tight labor market and low unemployment rates, and declining morale among officers in general due to changing societal attitudes toward the law enforcement profession.

• As Provo has begun to experience recruiting and retention challenges, city staff undertook a special market analysis and discovered that the City is less competitive in police compensation than we were just a few months ago.  HR staff and the interim police chief will be presenting the results of the market study and requesting a future agenda item for an  appropriation to make changes to the City’s compensation structure for police officers to address the imbalance.

New Parking Management Program Being Considered for Provo City

Proposed Provo City Code Chapter 9.90 is being considered at the November 16, 2021, Provo Municipal Council meeting. On-Street Parking Management (OSPM), if adopted, will create a new parking management tool for Provo City. This would be an addition to current parking management tools the city already uses, such as permit parking areas.

Chapter 9.90 creates the structure for future parking management areas to be created and enforced through a paid-timed parking system. Charging for parking is certainly not a popular idea, as was seen in public input on a recent Open City Hall survey, but the active management of on-street public parking is needed to preserve the benefits and discourage the abuse of this public resource.

Key components of Chapter 9.90

●     Parking on a public street within OSPM zones may be restricted by either of the following parking management strategies:

○     Paid timed parking or

○     Paid timed parking with optional permits

●     Vehicles that are parked in a timed parking zone must pay the established rate.

○     Timed rates will be market driven; high enough that parking spots are regularly freed up, but not so high that on-street parking is not being utilized fully.

○     Payment would be made through a mobile app. City staff are working on options for drivers without a mobile device.

●     Vehicles with valid permits are exempted from the timed parking rate in that OSPM zone

○     Permit holders pay for one year of access to an OSPM zone rather than paying the timed rate.

■     To obtain a parking permit, the permit holder must prove ownership of, or residence at, a building with frontage along the OSPM zone with a maximum limit of two permits per property/occupant.

●     The boundaries of all OSPM areas shall be shown on an official On-Street Parking Management Area Map adopted by the Municipal Council.

What Chapter 9.90 does not do

●     Create the actual OSPM zones.

○     The process for creating an OSPM zone is detailed in Chapter 9.90 but the actual designation of a zone will need to brought to the Council for a vote of approval.

○     Chapter 9.91, creating an OSPM zone in the Joaquin Neighborhood (just south of BYU campus) is currently being drafted. A Town Hall about this proposal will be held on November 18 at 6:00 pm in the Council Chambers.

●     Regulate parking on private property.

●     Guarantee a specific parking space for OSPM permit holders.

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