City Council Meetings

Please note: These minutes have been prepared with a timestamp linking the agenda items to the video discussion. PROVO MUNICIPAL COUNCIL Joint Meeting with Planning Commission Minutes 6:00 PM March 18, 2025 Community Room Hybrid meeting: 445 W. Center Street, Provo, UT 84601 or https://www.youtube.com/provocitycouncil Agenda Roll Call Council Chair Gary Garrett, conducting Council Vice-Chair Rachel Whipple Councilor Becky Bogdin Councilor Craig Christensen Councilor Katrice MacKay Councilor George Handley Councilor Travis Hoban Business Item 1: Municipal Council and Planning Commission Roles and Responsibilities Training (25-041) 0:09:18 Brian Jones, City Attorney, provided a training on the roles and responsibilities of the Municipal Council and the Planning Commission. He explained that Provo City operates under a council- mayor form of government, which differs from most municipalities in Utah. The Council's primary responsibilities include legislative duties, budgetary oversight, and administrative supervision. The Planning Commission serves as an advisory body tasked with reviewing and making recommendations regarding the general plan and land use regulations. Mr. Jones outlined the Planning Commission’s role in handling discretionary land use approvals, specifically conditional use permits. He emphasized that in Provo, the Planning Commission is delegated authority to approve such permits, provided the proposals comply with established code requirements. He noted that this statutory obligation to approve qualifying applications can sometimes lead to public frustration when residents expect greater discretionary authority from the Commission. The discussion transitioned to the land use notification process. Bill Peperone, Development Services Director, explained that notifications are sent to properties located within a 500-foot radius of proposed projects. Additionally, yellow signage is posted on the property in certain Provo City Municipal Council Joint Meeting with the Planning Commission– March 18, 2025 Page 1 of 3 cases. Councilors and Planning Commissioners expressed concern about the effectiveness of current notification practices and discussed potential improvements to enhance public awareness. Mr. Jones reiterated the independent nature of the Council and the Planning Commission, clarifying that neither body holds authority over the other. He cautioned against Council interference in the Commission’s recommendations or decision-making processes. The training concluded with a discussion on compliance with the Open Meetings Act. Mr. Jones reviewed legal requirements prohibiting private meetings between members of the Council or Commission outside of duly noticed public meetings. Item 2: Development Agreement Training (25-041) 0:31:41 Brian Jones delivered a comprehensive training session on development agreements, illuminating their pivotal role in municipal governance. He explained that development agreements are formalized documents established between a municipality and the entity responsible for developing a specified area of land. The legal framework governing these agreements was delineated by Mr. Jones, who detailed the specific provisions they must adhere to and the constraints imposed by state legislation. By delving into the historical evolution of development agreements, Mr. Jones highlighted the inherent tensions that have historically existed between vesting rights, which refer to the entitlement of a property developer to certain privileges upon filing an application, and exaction laws, which limit the demands a city can impose on a developer. These tensions have fundamentally shaped the function and application of development agreements. Notably, within Provo, development agreements are principally utilized to guarantee that developments are realized precisely as initially proposed, safeguarding community trust and urban planning continuity. Following Mr. Jones's exposition on historical context, the conversation shifted towards understanding how development agreements operate within the current legal framework, setting the stage for evolving municipal practices. This lengthy examination underlined how this tool can be effectively wielded to address nuanced planning challenges. Item 3: Initial Ownership Rental Restrictions (25-041) 1:21:02 Brian Jones, City Attorney, provided an update on the Council’s strategy for addressing occupancy concerns in new developments. He outlined the framework for a new approach that prohibits rentals for an initial period—typically one year—following the purchase of a property. This is implemented through development agreements requiring the inclusion of Covenants, Conditions, and Restrictions (CCNRs) that bar rentals during the first year of ownership. These CCNRs must be recorded as deed restrictions and include notification that Provo City will not issue a rental dwelling license within that timeframe. Violations are subject to prosecution. Provo City Municipal Council Joint Meeting with the Planning Commission– March 18, 2025 Page 2 of 3 The approach prompted a discussion among Councilors and Planning Commissioners regarding its potential effectiveness. Some expressed concern that a one-year restriction may not be sufficient to deter institutional investors. Enforcement challenges were also considered, including the impact of the restriction on diverse living arrangements, such as situations where a single homeowner might wish to rent a room to a friend. Mr. Jones noted that while such scenarios could technically violate existing definitions of family occupancy in city code, enforcement has typically focused on more significant violations. Councilor Craig Christensen expressed support for the new direction, viewing it as a step toward curbing institutional investment in residential neighborhoods. While acknowledging the limitations of the strategy, he emphasized that it represents meaningful progress. The group also discussed development proposals that have included homeownership guarantees. Commissioner Jonathan Hill noted that the Planning Commission is unable to provide developers with a definitive threshold for homeownership percentages in new developments, as this issue falls under the purview of the Municipal Council. Development Services Director Bill Peperone added that the Council has not yet established a consistent precedent to guide commissioners in responding to such developer inquiries. In light of this uncertainty, Mr. Jones reiterated that Planning Commission recommendations should be grounded in the applicable code or individual commissioner judgment, rather than attempts to anticipate Council preferences. Adjournment Provo City Municipal Council Joint Meeting with the Planning Commission– March 18, 2025 Page 3 of 3