Planning Commission

PROVO CITY CORPORATION DEVELOPMENT SERVICES DEPARTMENT Planning Commission Agenda February 26, 2025 NOTICE OF PUBLIC HEARING BEFORE THE PLANNING COMMISSION The Provo City Planning Commission will hold a public hearing on February 26, 2025 at 6:00 PM. Located at: Council Chambers 445 West Center Street. The items listed below will be discussed, and anyone interested is invited to participate and provide comment. Hearings can be viewed live and on-demand at: YouTube youtube.com/user/ProvoChannel17 and on Facebook facebook.com/provochannel17. NOTICE OF PUBLIC MEETING BEFORE PROVO MUNICIPAL COUNCIL On Tuesday, March 25, 2025, at 5:30 PM. the Provo Municipal Council will consider the items noted below with a star (*). Items noted on the agendas with a star require legislative action by the Municipal Council. Council agendas can be viewed at the Provo City Council web site on the Thursday prior to the Council meeting at http://agendas.provo.gov. For more information, call (801) 852-6120. Unmarked items are administrative and require the approval only of the Planning Commission. Decisions on the unmarked items may be appealed to the Board of Adjustment by making application by 6:00 PM. within 14 days of the Planning Commission decision. Study Session 1. Discussion regarding the future land use maps for the Station Area Plans – Mary Barnes, Jessica Dahneke, and Hannah Salzl Public Hearings *Item 1 Jon Jensen requests approval of an Ordinance Text Amendment to Section 14.17D.020 (Permitted Uses in Airport Zones) to add Data Centers and Self-Serve Power Plants as permitted uses. Citywide Application. Nancy Robison (801) 852- 6417 nrobison@provo.gov PLOTA20240373 *Item 2 Barry and Judy Finch request a Zone Map Amendment to apply the Agritourism (AT) Overlay Zone to 8.86 acres of Agricultural, (A1.5) Zoned property in order to build an event center, located at 2601 West 280 South. Provo Bay Neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.org PLRZ20230196 Item 3 Finch Family LLC requests Project Plan approval for a new wedding event building in a proposed A1.5(AT) (Agricultural with Agritourism Overlay) Zone, located at 2601 West 280 South. Provo Bay Neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.org PLPPA20240144 Preceding the public hearing, there will be a Study Session at 5:00 PM. at the Provo Peak Conference Room, 445 W Center Street. The Study Session is open to the public; however, formal presentation of items, public comment and actions will be reserved for the public hearing at 6:00 PM. To send public comments to Planning Commission members, email them at dspublichearings@provo.gov. Additional information can be found at provo.gov/publiccomments. Copies of the agenda materials, public hearing procedure, and staff recommendations are available the week of the hearing at a reasonable cost at 445 W Center Street, Suite 200, Provo between the hours of 7:00 AM. and 6:00 PM., Monday through Thursday. Agendas and staff recommendations are also Published Agenda : [NOT AVAILABLE]  PROVO CITY CORPORATION DEVELOPMENT SERVICES DEPARTMENT Planning Commission Agenda February 26, 2025 generally available on the Provo City Development Services website the week of the meeting at provo.gov/planningcommission. Provo City will make reasonable accommodations for all citizens interested in participating in this meeting. If assistance is needed to allow participation at this meeting, please call the Development Services Department at (801) 852-6400 before 12:00 PM. the day before the meeting to make arrangements. By order of the Provo City Planning Commission Planning Secretary, (801) 852-6424 Published Agenda : [NOT AVAILABLE]  Planning Commission Hearing Staff Report Hearing Date: February 26th 2025 *ITEM 1 Jon Jensen requests approval of an Ordinance Text Amendment to Section 14.17D.020 (Permitted Uses in Airport Zones) to add Data Centers and Self-Serve Power Plants as permitted uses. Citywide Application. Nancy Robison (801) 852-6417 nrobison@provo.gov PLOTA20240373 Applicant: Jon Jensen Relevant History: The proposed amendment applies to the Airport Industrial Staff Coordinator: Nancy Robison Zone (AI) which would affect approximately 30 acres currently zoned for Airport Industrial in Provo. Neighborhood Issues: There has not been a neighborhood meeting on this item and staff has not received any feedback on the request at the time of this report. Summary of Key Issues: • Data processing business services are Standard Land Use 6550 and it is not currently permitted in the AI Zone. • SLU 6550 is a permitted use in Regional Shopping Center Zone (SC3), Freeway Commercial Three Zone (FC3), Freeway Commercial Zone (FC1) and the Planned ALTERNATIVE ACTIONS Industrial Commercial (PIC) Zones. 1. Continue to a future date to obtain additional information or to further consider information presented. The Staff Recommendation: That the Planning next available meeting date is March Commission recommend approval of the 12th, 2025 6:00 P.M. proposed text amendment to the Provo City Council with the following conditions 2. Deny the requested variance. This action would not be consistent with the • All issues regarding emissions and recommendations of the Staff Report. low water usage be addressed and The Planning Commission should state resolved with Public Works. new findings. • Have sufficient utility infrastructure. Planning Commission Staff Report *Item 1 February 26, 2025 Page 2 STAFF ANALYSIS Staff support the proposal to add data processing business services in the Airport Industrial zone (AI). Data processing businesses have been a growing industry in our state in the last 15 years. Many new centers are being built in other cities in the state of Utah. The Airport Industrial (AI) Zone, being newly written, does not use four-digit Standard Land Use Code designations. It uses broader land-use terms. One current land use designation in the AI zone is “Professional office related to airport activities.” Staff suggests amending this language to “Professional Services (except behavior, drug, and alcohol treatment centers). This is the land-use designation in other zones that permit data centers currently so the amendment would be consistent with other zones. One problem we have with a data center in the AI zone is that power substations are not permitted in the zone currently. A request to include substations was not included in this application. Provo City Code Section 14.02.020(2) sets forth the following guidelines for consideration of ordinance text amendments. Before recommending an amendment to this Title, the Planning Commission shall determine whether such amendment is in the interest of the public and is consistent with the goals and policies of the Provo City General Plan. The following guidelines shall be used to determine consistency with the General Plan: (a) Public purpose for the amendment in question. Staff response: The amendment would add a zone to those where data centers are permitted. The amount of acreage that could be zoned AI is considerable. (b) Confirmation that the public purpose is best served by the amendment in question. Staff response: Staff believes that the proposed amendment does not enhance nor hinder the public purpose. (c) Compatibility of the proposed amendment with General Plan policies, goals, and objectives. The applicant felt that this proposed text amendment would not modify or impact the General Plan. Because data centers consume large amounts of power and potentially water, other business opportunities may not be possible. This could potentially impact the General Plan. Planning Commission Staff Report *Item 1 February 26, 2025 Page 3 (d) Consistency of the proposed amendment with the General Plan’s “timing and sequencing” provisions on changes of use, insofar as they are articulated. Staff response: There are no timing and sequencing issues related to this proposal. (e) Potential of the proposed amendment to hinder or obstruct attainment of the General Plan’s articulated policies. Staff response: This proposal does not hinder or obstruct attainment of the General Plan’s articulated policies. (f) Adverse impacts on adjacent landowners. Staff response: Staff do not foresee any adverse impacts on adjacent landowners. (g) Verification of correctness in the original zoning or General Plan for the area in question. Staff response: Refer to the response given above. (h) In cases where a conflict arises between the General Plan Map and General Plan Policies, precedence shall be given to the Plan Policies. Staff response: There is not a conflict. FINDINGS OF FACT 1. The proposed amendment would permit Data Processing Services in the Airport Industrial zone (AI) 2. Data processing services is a land use in Provo City Code and currently a permitted use in Regional Shopping Center Zone (SC3), Freeway Commercial Three Zone (FC3), Freeway Commercial Zone (FC1) and the Planned Industrial (PIC) Zones. CONCLUSIONS Staff find that the proposed text amendment is a reasonable land use request if the significant infrastructure impacts and needs can be met. Although this amendment would permit data centers, solving infrastructure needs may prove to be an insurmountable obstacle. ATTACHMENTS 1. General Plan Impact Statement 2. Justification Statement 3. Last CRC Report with notes from Provo City Power and Public Works Planning Commission Staff Report *Item 1 February 26, 2025 Page 4 ATTACHMENT 1 – GENERAL PLAN IMPACT STATEMENT Analysis of Impacts of General Plan Amendment. The text amendment is proposing not to modify the General Plan. Planning Commission Staff Report *Item 1 February 26, 2025 Page 5 ATTACHMENT 2 – JUSTIFICATION STATEMENT Planning Commission Staff Report *Item 1 February 26, 2025 Page 6 Planning Commission Staff Report *Item 1 February 26, 2025 Page 7 Planning Commission Staff Report *Item 1 February 26, 2025 Page 8 Planning Commission Staff Report *Item 1 February 26, 2025 Page 9 ATTACHMENT 3 – LAST CRC REPORT WITH NOTES FROM PROVO CITY POWER AND PUBLIC WORKS Coordinator Review Committee Report For reference, redlined plans may be found online at provo.org/portal under the “My Items” tab. Submitted: December 19, 2024 Report Date: February 10, 2025 Project Name: Airport Industrial Text Amendment Address: Project #: PLOTA20240373 Application Type: Ordinance Text Amendment Application Expiration: This application will expire January 06, 2026. For exceptions to this rule see Section 15.01.040 Provo City Code. Your plans have received approval from the Coordinators Review Committee. Your application will now be assigned to the next available Planning Commission Meeting. Project Review Review: Building Inspection Review Review Date: 01/28/2025 Department: Development Services Reviewer James Anderson Email: janderson@provo.gov Phone: 8018526411 Approval Status: No Revisions Required Comments: Review: Parks and Recreation Review Review Date: 01/21/2025 Department: Parks and Recreation Reviewer John Bunderson Email: JBunderson@provo.gov Phone: 8018526643 Approval Status: No Revisions Required Comments: Review: Planning Review Review Date: 01/21/2025 Department: Development Services Reviewer Nancy Robison Email: nrobison@provo.gov Phone: 8018526417 Approval Status: No Revisions Required Comments: Review: Public Works Review Review Date: 02/05/2025 Department: Public Works Reviewer Lane Peirce Email: lpeirce@provo.gov Phone: 8018527788 Approval Status: No Revisions Required Comments: We have stated no revisions required. I have also read the responses with regards to water, natural gas and steam. Further explanations will be necessary, if a plan is submitted, especially for water. Provo still has these concerns and stating No Revisions Required in no way is giving approval for structures. Corrections: Miscellaneous Not enough information on how the proposed data center and power plant will be emissions free, low water usage etc... Emissions including steam, are not good for plane visibility near airports. Review: Power Review Review Date: 01/21/2025 Department: Power Reviewer Jonathan Saluone Email: jsaluone@provo.utah.gov Phone: 8018526792 Approval Status: No Revisions Required Comments: If a Power Plant is to be built in the future, UMPA would need to approve the plant and all the EPA documents with approvals for the plant. Review: Fire Review Review Date: 01/23/2025 Department: Fire Reviewer Lynn Schofield Email: lynns@provo.gov Phone: 8018526339 Approval Status: No Revisions Required Comments: Conditions  Planning Commission Hearing Staff Report Hearing Date: February 26, 2025 *ITEM 2 Barry and Judy Finch request a Zone Map Amendment to apply the Agritourism (AT) Overlay Zone to 8.86 acres of Agricultural, (A1.5) Zoned property in order to build an event center, located at 2601 West 280 South. Provo Bay Neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.org PLRZ20230196 Applicant: Jeff Knighton Current Legal Use: There are a variety of agricultural uses on the property, with Staff Coordinator: Aaron Ardmore miscellaneous structures for that use. Property Owner: FINCH FAMILY LLC Relevant History: The property owners Parcel ID#: 39:092:0001 initially asked for amendments to the A1 Zone to allow for an event center in 2023. Those Acreage: 8.86 amendments were denied by the City Council, but direction was given to look at an overlay Number of Properties: 1 zone option. Staff then wrote the AT Overlay Zone and had it adopted in January 2024. The owners also cleaned up the property lines and zoning designations for this property and the adjacent residential homes to the east in preparation for this AT Overlay Zone request. Neighborhood Issues: This proposal was heard at the August 2024 District 3 meeting. Staff have heard concerns regarding traffic and noise surrounding the use of the building. ALTERNATIVE ACTIONS 1. Continue to a future date to obtain additional information or to further Summary of Key Issues: consider information presented. The • The project plans have met all relevant next available meeting date is March standards and requirements of the AT 12th, 2025, 6:00 P.M. Overlay Zone. • The use will be regulated by the AT 2. Recommend Denial of the requested Overlay regulations for permitted uses, Zone Map Amendment. This action hours of operation, and noise. would not be consistent with the recommendations of the Staff Report. Staff Recommendation: That the Planning The Planning Commission should state Commission recommend approval of the zone new findings. change to the City Council. Planning Commission Staff Report *Item 2 February 26, 2025 Page 2 OVERVIEW The Finch family is requesting a zone map amendment to apply the Agritourism Overlay (AT) Zone to their property at 2601 West 280 South in order to construct a new event center. The property is currently being used for a variety of agricultural-related activities. The proposed event center would be built on the western third of the lot. Details of the proposal include a new paved access at the corner of 280 South and 2530 West that leads to a landscaped parking lot with seventy-one (71) spaces. The event center area includes the 2,965 square foot event center surrounded by landscaped yards, plants, trees, and walkways. The applicant has worked with staff to address all utility and infrastructure needs for the site and has created a plan that will satisfy those requirements. There will be bonds and fees required for this project to ensure that it is constructed as indicated in the approved plans. The Finch family has been working to find a way to open an event center at this location for some time. In 2023, at a hearing to try to amend the A1 Zone, the City Council denied that change but encouraged the Finch family to work with planning staff to create an overlay zone that could be used to establish an event center on the property to support the continuation of agricultural land uses. Planning staff created the ordinance, and it was adopted in January 2024. Since that time there has been no formal request to adopt the AT Overlay Zone in the city. If the zone change is given, the project could move forward with all necessary permits, and the obtaining of a business license at the conclusion of construction. However, if the city verifies that any section of the AT Overlay code is not being met in the future, the use of an event center could be revoked. The property is mostly surrounded by agricultural uses on adjacent properties to the west and south in the A1 Zone, there is a school to the north in the PF (Public Facilities) Zone, and several single-family homes to the east in R1 (One Family Residential) and RA (Residential Agricultural) Zones. Though some of the residential neighbors have shared concerns about traffic and noise, the regulations of the AT Overlay Zone should help to mitigate any issues related to the event center. STAFF ANALYSIS Staff have determined that the related project plan application tied to this rezone request has met all relevant requirements of the proposed overlay zone, and other city standards. If built as shown in the approved plans and used in compliance with city regulations, staff hope that this will serve as a benefit to the community. Further analysis is found below by responding to criteria in Section 14.02.020, Provo City Code: Planning Commission Staff Report *Item 2 February 26, 2025 Page 3 Before recommending an amendment to this Title, the Planning Commission shall determine whether such amendment is in the interest of the public, and is consistent with the goals and policies of the Provo City General Plan. The following guidelines shall be used to determine consistency with the General Plan: (a) Public purpose for the amendment in question. Staff response: The applicant has stated that the public purpose is to help support and preserve the agricultural business on this property and provide a venue for weddings and community events. (b) Confirmation that the public purpose is best served by the amendment in question. Staff response: The proposed map amendments will help to meet the above stated purposes. (c) Compatibility of the proposed amendment with General Plan policies, goals, and objectives. Staff response: These amendments comply with the General Plan for the property helping to meet the Chapter Eight goal to “give careful consideration to the conservation of open spaces, scenic areas, and viable agricultural land.” (d) Consistency of the proposed amendment with the General Plan’s “timing and sequencing” provisions on changes of use, insofar as they are articulated. Staff response: There are no timing and sequencing issues related to this request. (e) Potential of the proposed amendment to hinder or obstruct attainment of the General Plan’s articulated policies. Staff response: Staff believe that this proposal would not hinder or obstruct General Plan policies, so long as the property stays compliant with zone standards. (f) Adverse impacts on adjacent landowners. Staff response: Staff anticipate some initial adverse impacts with increased noise and traffic in the area related to events held at the venue but should be minimal and sporadic. (g) Verification of correctness in the original zoning or General Plan for the area in question. Staff response: Staff have verified the zoning and General Plan designation for the property is accurate. (h) In cases where a conflict arises between the General Plan Map and General Plan Policies, precedence shall be given to the Plan Policies. Staff response: There is no such conflict. Planning Commission Staff Report *Item 2 February 26, 2025 Page 4 CONCLUSIONS Staff have worked with the property owners and the applicant to find a plan that can be built and not cause increased demand for city services. As this is the first attempt to use the agritourism overlay and build an event center on an agricultural lot, staff are interested in the application of the zone and its impact on surrounding properties. ATTACHMENTS 1. Area Map 2. Zone Map 3. General Plan Map 4. Site Plan 5. Owner Statement Planning Commission Staff Report *Item 2 February 26, 2025 Page 5 ATTACHMENT 1 – AREA MAP Planning Commission Staff Report *Item 2 February 26, 2025 Page 6 ATTACHMENT 2 – ZONE MAP Planning Commission Staff Report *Item 2 February 26, 2025 Page 7 ATTACHMENT 3 – GENERAL PLAN MAP Public Facilities Residential Agricultural Planning Commission Staff Report *Item 2 February 26, 2025 Page 8 ATTACHMENT 4 – SITE PLAN / LANDSCAPE PLAN Planning Commission Staff Report *Item 2 February 26, 2025 Page 9 ATTACHMENT 5 – OWNER STATEMENT  Planning Commission Hearing Staff Report Hearing Date: February 26, 2025 ITEM 3 Finch Family LLC requests Project Plan approval for a new wedding event building in a proposed A1.5(AT) (Agricultural with Agritourism Overlay) Zone, located at 2601 West 280 South. Provo Bay Neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.org PLPPA20240144 Applicant: Jeff Knighton Current Legal Use: There are a variety of agricultural uses on the property, with Staff Coordinator: Aaron Ardmore miscellaneous structures for that use. Property Owner: FINCH FAMILY LLC Relevant History: The property owners Parcel ID#: 39:092:0001 initially asked for amendments to the A1 Zone to allow for an event center in 2023. Those Acreage: 8.86 amendments were denied by the City Council, but direction was given to look at an overlay Number of Properties: 1 zone option. Staff then wrote the AT Overlay Zone and had it adopted in January 2024. The owners also cleaned up the property lines and zoning designations for this property and the adjacent residential homes to the east in preparation for this proposal with the AT Overlay Zone request. Neighborhood Issues: This proposal was heard at the August 2024 District 3 meeting. Staff have heard concerns regarding traffic and noise surrounding the use of the building. ALTERNATIVE ACTIONS 1. Continue to a future date to obtain additional information or to further Summary of Key Issues: consider information presented. The • The project plans have met all relevant next available meeting date is March standards and requirements of the AT 12th, 2025, 6:00 P.M. Overlay Zone. • The use will be regulated by the AT 2. Deny the requested Project Plan. This Overlay regulations for permitted uses, action would not be consistent with the hours of operation, and noise. recommendations of the Staff Report. The Planning Commission should state Staff Recommendation: Staff recommend new findings. approval of the proposed project plan, subject to approval of the zone change by the City Council. Planning Commission Staff Report Item 3 February 26, 2025 Page 2 OVERVIEW The Finch family is requesting approval of their project plans for a new event center to be built on their property at 2601 West 280 South, along with associated parking and landscaping improvements. The property is currently being used for a variety of agricultural-related activities. The proposed event center would be built on the western third of the lot. Details of the proposal include a new paved access at the corner of 280 South and 2530 West that leads to a landscaped parking lot with seventy-one (71) spaces. The event center area includes the 2,965 square foot event center surrounded by landscaped yards, plants, trees, and walkways. The applicant has worked with staff to address all utility and infrastructure needs for the site and has created a plan that will satisfy those requirements. There will be bonds and fees required for this project to ensure that it is constructed as indicated in the approved plans. Because this project is dependent on the City Council approving the AT Overlay Zone on the property, it should be noted that the 2023 City Council encouraged the Finch family to move this direction to establish an event center on the property to support the continuation of agricultural land uses. If the zone change is given, the project could move forward with all necessary permits, and the obtaining of a business license at the conclusion of construction. However, if the city verifies that any section of the AT Overlay code is not being met in the future, the structure would stay but the use of an event center could be revoked. FINDINGS OF FACT 1. The property is currently in the A1 Zone (Chapter 14.08, Provo City Code). 2. The proposed zone is the A1.5(AT) Zone (Chapters 14.08 & 14.08A). 3. The total property is 8.86 acres. 4. The maximum area for agritourism use is 2.95 acres (Section 14.08A.050). 5. The proposed agritourism use is approximately 2.78 acres (~31% of lot). 6. The maximum occupancy for the building is 240 occupants, which requires a minimum of 60 parking spaces (Section 14.37.060 – dance halls). 7. The proposed parking provides 71 parking spaces. APPLICABLE ZONING CODES Chapter 14.08, Provo City Code (https://provo.municipal.codes/Code/14.08) Chapter 14.08A, Provo City Code (https://provo.municipal.codes/Code/14.08A) Planning Commission Staff Report Item 3 February 26, 2025 Page 3 CONCLUSIONS Staff have taken time through numerous reviews to make sure that this proposal could be built and maintained without additional strain on city services. The plan set has met all necessary requirements to move forward and be approved, subject to City Council approval of the zone map amendment to apply the Agritourism Overlay on the property. ATTACHMENTS 1. Area Map 2. Site Plan / Landscape Plan 3. Elevations 4. Materials Board 5. Floor Plans Planning Commission Staff Report Item 3 February 26, 2025 Page 4 ATTACHMENT 1 – AREA MAP Planning Commission Staff Report Item 3 February 26, 2025 Page 5 ATTACHMENT 2 – SITE PLAN / LANDSCAPE PLAN Planning Commission Staff Report Item 3 February 26, 2025 Page 6 ATTACHMENT 3 – ELEVATIONS Planning Commission Staff Report Item 3 February 26, 2025 Page 7 ATTACHMENT 4 – MATERIALS BOARD Planning Commission Staff Report Item 3 February 26, 2025 Page 8 ATTACHMENT 5 – FLOOR PLANS Andrew Terry | February 2, 2025 District 3 feedback on Planning Commission Items To Provo Planning Commission, My name is Andrew Terry, and I'm the Neighborhood Chair for District 3. Unfortunately neither myself or any of my fellow board members could attend the planning commission meeting tonight (February 26th), but we wanted to share the feedback that we received from residents of our district in regards to items on the Planning Commission's agenda. Items #2 and #3 both pertain to our district as the location for both of those items resides in the Provo Bay Neighborhood. This development has been discussed a few times at our neighborhood meetings (April 2023, July 2023, August 2024) We received feedback from a handful of residents. In general, most residents value the agricultural heritage of our communities, and felt preserving that heritage to be valuable. The concept of agritourism, as well as a wedding event area, were seen as valuable assets for the community. There was positive feedback from multiple residents on the initial renderings for the buildings and the layout for the event space (parking, etc) The original proposal involved a general amendment to the A1 zone to allow for these designs. There were serious concerns about the ramifications that would have across all of Provo. With the change to do an Agritourism Overlay, I believe those concerns have been addressed. There were concerns raised by a handful of residents about parking and noise. Ensuring that the space has adequate parking for the events they plan to hold was important to the residents that lived nearby. Additionally ensuring that noise from the events doesn't spill over into the neighborhoods, especially later at night, was important. The community would like to see appropriate measures put in place to address both of those concerns. Overall the community was positive towards these two proposals, and hopeful that proper designing and enforcement could address the parking and noise concerns. Sincerely, Andrew Terry  THE BELOW COMMENT WAS RECEIVED AFTER THE HEARING Lyssandra Harker | February 26, 2025 No Data Center in Airport zone, West Provo Please do not promote the planning and development of data center space in West Provo. We do not have space, water, or energy to spare for them. Will these self-serve power stations be using renewable energy such as solar panels? Wind? How much space will that take? Or will nonrenewable energy be used to power this self-serve station and pollute the environment near the Lake and River? Your own planning document recommending that Provo adopt data center usage contradicts itself. It claims that there is no conflict with the general plan, yet states the amount of water and energy needed to run a data center would certainly impact the general plan. I am not against data centers as a concept, but I am against a data center in West Provo, where our land availability is already so minimal that warehouses will be lining our only River. Is this the reason more warehouses are being foisted upon Provo River instead of built closer to the airport?? Lyssandra Harker "Because data centers consume large amounts of power and potentially water, other business opportunities may not be possible. This could potentially impact the General Plan." "(e) Potential of the proposed amendment to hinder or obstruct attainment of the General Plan’s articulated policies. Staff response: This proposal does not hinder or obstruct attainment of the General Plan’s articulated policies. (f) Adverse impacts on adjacent landowners. Staff response: Staff do not foresee any adverse impacts on adjacent landowners. (g) Verification of correctness in the original zoning or General Plan for the area in question. Staff response: Refer to the response given above. (h) In cases where a conflict arises between the General Plan Map and General Plan Policies, precedence shall be given to the Plan Policies. Staff response: There is not a conflict."  Provo City Planning Commission Report of Action February 26, 2025 *ITEM 1 Jon Jensen requests approval of an Ordinance Text Amendment to Section 14.17D.020 (Permitted Uses in Airport Zones) to add Data Centers and Self Serve Power Plants as permitted uses. Citywide Application. Nancy Robison (801) 8526417 nrobison@provo.gov PLOTA20240373 The following action was taken by the Planning Commission on the above described item at its regular meeting of February 26, 2025: RECOMMENDED APPROVAL On a vote of 4:3, the Planning Commission recommended that the Municipal Council approve the above noted application Conditions of Approval: • All issues regarding emission and low water usage be addressed and resolved with Public Works. • Have sufficient utility infrastructure. • Disclose the amount of water being used by the data center to the City • The City will have a say on the fuel source to be used in powering the independent station. Motion By: Melissa Kendall Second By: Lisa Jensen Votes in Favor of Motion: Adam Shin, Lisa Jensen, Jonathon Hill, Melissa Kendall Votes Against the Motion: Barbara DeSoto, Daniel Gonzales, Anne Black Jonathon Hill was present as Chair. • Includes facts of the case, analysis, conclusions and recommendations outlined in the Staff Report, with any changes noted; Planning Commission determination is generally consistent with the Staff analysis and determination. TEXT AMENDMENT The text of the proposed amendment is attached as Exhibit A. STAFF PRESENTATION The Staff Report to the Planning Commission provides details of the facts of the case and the Staff's analysis, conclusions, and recommendations. Staff also made mention that the private power generation needed for this proposed use is not currently permitted, nor has it been requested in this text amendment from the applicant. Tad Smallcomb (Provo Power) noted that even if the Council approves the proposal text amendment and allows the use, Provo Power will not be able to accommodate it. CITY DEPARTMENTAL ISSUES • There are remaining issues from the Coordinator Review Committee (CRC) review that need to be resolved. NEIGHBORHOOD MEETING DATE • Citywide Application; all Neighborhood District Chairs received notification. NEIGHBORHOOD AND PUBLIC COMMENT • This item was Citywide or affected multiple neighborhoods. CONCERNS RAISED BY PUBLIC No concerns were raised by the public Page 1 of 4 APPLICANT RESPONSE Key points addressed in the applicant's presentation to the Planning Commission included the following: • They are anticipating that this self-serve power station would produce 100 megawatts (MW). They don’t want to take away any power that Provo produces. They don’t want to be connected to the grid. Provo’s current infrastructure isn’t ready at this point to handle that amount of power. In the future they might look towards being connected to Provo’s power. • They would work through any issues that UMPA (Utah Municipal Power Agency) had. • The power station would be fueled by natural gas. Their property is .4 miles away from the pipeline going by the airport. There would be minimal upgrades that would need to be done. • They own the land where they would like to put this data center. They also realize the great aspects of a community that Provo has. There is an airport. We have highly educated people they could employ, (and it wouldn’t be a long commute), and Provo has great connectivity already to the internet. • Height impacts to the airport? It would look similar to Provo Power, and they are within the height limits that the FAA allows. • They would not use as much water as other data centers because they have cutting edge technology that allows them to absorb the heat from the water and in the process chill it again. The cooling system is closed loop, there wouldn’t be any runoff or steam generated from the process. • There usually is a 15-20 % of the workforce that would work remote. • The CO2 emissions would be as low as the newest technology would allow. • They would consume less than an acre foot of water per year. • Renewable energy sources are not feasible for a data center because of reliability issues PLANNING COMMISSION DISCUSSION Key points discussed by the Planning Commission included the following: • What is the difference between a self-serve power plant and a substation. Some sort of generator would be on site that would provide the power for the data center. • Provo Power spoke on some concerns if the applicant was looking to get electricity from Provo City that would be more than the city could provide with current infrastructure. • Creating their own self-serve plant would create issues and requirements that would need to be worked out with UMPA. • Do we know how other municipalities are handling this demand in power? • Question about steam and/or emissions, what would this create? • Why this property and not somewhere else? • Would implementing this change prevent better alternative developments for the airport? • How much CO2 emissions will this create? • Out of 1800 employees how many would be remote? • Would renewable energy sources be used? • This might bring more technological businesses to the area. Planning Commission Chair Director of Development Services See Key Land Use Policies of the Provo City General Plan, applicable Titles of the Provo City Code, and the Staff Report to the Planning Commission for further detailed information. The Staff Report is a part of the record of the decision of this item. Where findings of the Planning Commission differ from findings of Staff, those will be noted in this Report of Action. Page 2 of 4 Legislative items are noted with an asterisk (*) and require legislative action by the Municipal Council following a public hearing; the Planning Commission provides an advisory recommendation to the Municipal Council following a public hearing. Administrative decisions of the Planning Commission (items not marked with an asterisk) may be appealed by submitting an application/notice of appeal, with the required application and noticing fees to the Development Services Department, 445 W Center Street, Provo, Utah, within fourteen (14) calendar days of the Planning Commission's decision (Provo City office hours are Monday through Thursday, 7:00 a.m. to 6:00 p.m.). BUILDING PERMITS MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS Page 3 of 4  EXHIBIT A Replace redlined item with: Professional Services (except Behavior, Drug and Alcohol treatment; office only no lodging or bed facilities) Page 4 of 4  Provo City Planning Commission Report of Action February 26, 2025 *ITEM 2 Barry and Judy Finch request a Zone Map Amendment to apply the Agritourism (AT) Overlay Zone to 8.86 acres of Agricultural (A1.5) Zoned property in order to build an event center, located at 2601 West 280 South. Provo Bay Neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.org PLRZ20230196 The following action was taken by the Planning Commission on the above described item at its regular meeting of February 26, 2025: RECOMMENDED APPROVAL On a vote of 7:0, the Planning Commission recommended that the Municipal Council approve the above noted application. Motion By: Melissa Kendall Second By: Anne Allen Votes in Favor of Motion: Melissa Kendall, Anne Allen, Adam Shin, Barbara DeSoto, Lisa Jensen, Jonathon Hill, Daniel Gonzales Jonathon Hill was present as Chair. • Includes facts of the case, analysis, conclusions and recommendations outlined in the Staff Report, with any changes noted; Planning Commission determination is generally consistent with the Staff analysis and determination. LEGAL DESCRIPTION FOR PROPERTY TO BE REZONED The property to be rezoned to the A1.5(AT) Zone is described in the attached Exhibit A. RELATED ACTIONS Planning Commission approved the related Project Plan (PLPPA20240144, February 26, 2025 agenda – Item 3). DEVELOPMENT AGREEMENT • Does not apply at this stage of review or approval. STAFF PRESENTATION The Staff Report to the Planning Commission provides details of the facts of the case and the Staff's analysis, conclusions, and recommendations. Staff gave an overview of the request and answered Commission questions regarding setbacks and other buildings on the property. CITY DEPARTMENTAL ISSUES • The Coordinator Review Committee (CRC) has reviewed the application and given their approval. NEIGHBORHOOD MEETING DATE • A neighborhood meeting was held in August 2024. NEIGHBORHOOD AND PUBLIC COMMENT • The Neighborhood District Chair was not present or did not address the Planning Commission during the hearing but sent an email to the Commission (Andrew Terry). Page 1 of 3 CONCERNS RAISED BY PUBLIC Any comments received prior to completion of the Staff Report are addressed in the Staff Report to the Planning Commission. Key issues raised in written comments received subsequent to the Staff Report or public comment during the public hearing included the following: No concerns were raised in the hearing, but the email from Andrew Terry noted some neighbor concerns about possible noise and parking issues. APPLICANT RESPONSE Key points addressed in the applicant's presentation to the Planning Commission included the following: • Judy Finch gave a brief overview of the request and showed example images of event barns. • Mr. Finch addressed questions from the Planning Commission and noted that the nearest residential structure (to the west) has been empty for a long time, and that animals will be brought to the event space at times. PLANNING COMMISSION DISCUSSION Key points discussed by the Planning Commission included the following: • The Commission noted that from the first time they saw this it has been greatly improved and thanked the process for that. • There are good safeguards written into the overlay to address any of the concerns raised in the past, the zoning seems sound. Planning Commission Chair Director of Development Services See Key Land Use Policies of the Provo City General Plan, applicable Titles of the Provo City Code, and the Staff Report to the Planning Commission for further detailed information. The Staff Report is a part of the record of the decision of this item. Where findings of the Planning Commission differ from findings of Staff, those will be noted in this Report of Action. Legislative items are noted with an asterisk (*) and require legislative action by the Municipal Council following a public hearing; the Planning Commission provides an advisory recommendation to the Municipal Council following a public hearing. Administrative decisions of the Planning Commission (items not marked with an asterisk) may be appealed by submitting an application/notice of appeal, with the required application and noticing fees to the Development Services Department, 445 W Center Street, Provo, Utah, within fourteen (14) calendar days of the Planning Commission's decision (Provo City office hours are Monday through Thursday, 7:00 a.m. to 6:00 p.m.). BUILDING PERMITS MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS Page 2 of 3  EXHIBIT A LOT 4, PLAT B, FINCH FARMS SUB AREA 8.861 AC. Page 3 of 3  Provo City Planning Commission Report of Action February 26, 2025 ITEM 3 Finch Family LLC requests Project Plan approval for a new wedding event building in a proposed A1.5(AT) (Agricultural with Agritourism Overlay) Zone, located at 2601 West 280 South. Provo Bay Neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.org PLPPA20240144 The following action was taken by the Planning Commission on the above described item at its regular meeting of February 26, 2025: APPROVED On a vote of 7:0, the Planning Commission approved the above noted application, subject to the approval of the zone change by the City Council. Motion By: Melissa Kendall Second By: Anne Allen Votes in Favor of Motion: Melissa Kendall, Anne Allen, Adam Shin, Barbara DeSoto, Lisa Jensen, Jonathon Hill, Daniel Gonzales Jonathon Hill was present as Chair. • Includes facts of the case, analysis, conclusions and recommendations outlined in the Staff Report, with any changes noted; Planning Commission determination is generally consistent with the Staff analysis and determination. RELATED ACTIONS Planning Commission recommended approval on the related zone change (PLRZ20230196, February 26, 2025 agenda – Item 2). APPROVED/RECOMMENDED PARKING 60 Total parking stalls required 71 Total parking stalls provided STAFF PRESENTATION The Staff Report to the Planning Commission provides details of the facts of the case and the Staff's analysis, conclusions, and recommendations. Staff gave an overview of the request and answered Commission questions regarding setbacks and other buildings on the property. CITY DEPARTMENTAL ISSUES • The Coordinator Review Committee (CRC) has reviewed the application and given their approval. NEIGHBORHOOD MEETING DATE • A neighborhood meeting was held in August 2024. NEIGHBORHOOD AND PUBLIC COMMENT • The Neighborhood District Chair was not present or did not address the Planning Commission during the hearing but sent an email to the Commission (Andrew Terry). Page 1 of 2 CONCERNS RAISED BY PUBLIC Any comments received prior to completion of the Staff Report are addressed in the Staff Report to the Planning Commission. Key issues raised in written comments received subsequent to the Staff Report or public comment during the public hearing included the following: No concerns were raised in the hearing, but the email from Andrew Terry noted some neighbor concerns about possible noise and parking issues. APPLICANT RESPONSE Key points addressed in the applicant's presentation to the Planning Commission included the following: • Judy Finch gave a brief overview of the request and showed example images of event barns. • Mr. Finch addressed questions from the Planning Commission and noted that the nearest residential structure (to the west) has been empty for a long time, and that animals will be brought to the event space at times. PLANNING COMMISSION DISCUSSION Key points discussed by the Planning Commission included the following: • The Commission noted that from the first time they saw this it has been greatly improved and thanked the process for that. • There are good safeguards written into the overlay to address any of the concerns raised in the past, the zoning seems sound. Planning Commission Chair Director of Development Services See Key Land Use Policies of the Provo City General Plan, applicable Titles of the Provo City Code, and the Staff Report to the Planning Commission for further detailed information. The Staff Report is a part of the record of the decision of this item. Where findings of the Planning Commission differ from findings of Staff, those will be noted in this Report of Action. Legislative items are noted with an asterisk (*) and require legislative action by the Municipal Council following a public hearing; the Planning Commission provides an advisory recommendation to the Municipal Council following a public hearing. Administrative decisions of the Planning Commission (items not marked with an asterisk) may be appealed by submitting an application/notice of appeal, with the required application and noticing fees to the Development Services Department, 445 W Center Street, Provo, Utah, within fourteen (14) calendar days of the Planning Commission's decision (Provo City office hours are Monday through Thursday, 7:00 a.m. to 6:00 p.m.). BUILDING PERMITS MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS Page 2 of 2