Planning Commission

PROVO CITY CORPORATION DEVELOPMENT SERVICES DEPARTMENT Planning Commission Agenda March 26, 2025 NOTICE OF PUBLIC HEARING BEFORE THE PLANNING COMMISSION The Provo City Planning Commission will hold a public hearing on March 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, April 22, 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. TOD Concepts – Aaron Ardmore Public Hearings * Item 1 Ryan Litke requests a Zone Map Amendment from the A1.5 (Agricultural) Zone to the PIC (Planned Industrial Commercial) Zone in order to bring forward a flex office/warehouse development, located at 1780 South State Street. Spring Creek Neighborhood. Mary Barnes (801) 852-6408 mabarnes@provo.org PLRZ20240369 Item 2 Ryan Litke requests Concept Plan approval for new flex office/warehouse space in a proposed PIC (Planned Industrial Commercial) Zone, located at 1780 S State Street. Spring Creek Neighborhood. Mary Barnes (801) 852-6408 mabarnes@provo.gov PLRCP20250013 * Item 3 Tara Wilkinson requests a Zone Map Amendment to apply a PD (Performance Development Overlay) Zone to the R1.8 (One Family Residential) Zone in order to build 19 townhomes, located approximately at 130 South 2050 West. Provo Bay Neighborhood. Dustin Wright (801) 852-6414 dwright@provo.gov PLRZ20240323 Item 4 Tara Wilkinson requests Concept Plan approval for a Performance Development with 19 townhomes in a proposed R1.8(PD) (One Family Residential with Performance Development Overlay) Zone, located approximately at 130 South 2050 West. Provo Bay Neighborhood. Dustin Wright (801) 852-6414 dwright@provo.gov PLCP20250005 * Item 5 Douglas Nielson requests Ordinance Text Amendments to Provo City Code Sections 14.47.120 (Permitted Uses) and 14.47.130 (Floor Area Ratio) to add drive-thru restaurants and indoor temperature controlled storage unit facilities, and remove floor area ratio standards in the SSC (Specialty Support Commercial) Zone. Citywide Application. Mary Barnes (801) 852-6408 mabarnes@provo.gov PLOTA20250083 * Item 6 Douglas Nielson requests a Zone Map Amendment from the PO (Professional Office) Zone to the LDR (Low Density Residential) and SSC (Specialty Support Commercial) Zones to develop a 2.35-acre mixed-use development with six  PROVO CITY CORPORATION DEVELOPMENT SERVICES DEPARTMENT Planning Commission Agenda March 26, 2025 townhomes, a retail center, and an indoor self-storage facility, located at 3433 N 100 E. Riverside Neighborhood. Mary Barnes (801) 852-6408 mabarnes@provo.gov PLRZ20250082 Item 7 Douglas Nielson requests Concept Plan approval for a 2.35-acre mixed-use development with six townhomes, a retail center, and an indoor self-storage facility in a proposed LDR (Low Density Residential) and SSC (Specialty Support Commercial) Zone, located at 3433 N 100 E. Riverside Neighborhood. Mary Barnes (801) 852-6408 mabarnes@provo.gov PLCP20250080 Item 8 Election of New Planning Commission Chair and Vice Chair 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 generally available on the Provo City Development Services web site 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  Planning Commission Hearing Staff Report Hearing Date: March 26, 2025 *Item 1 Ryan Litke requests a Zone Map Amendment from the A1.5 (Agricultural) Zone to the PIC (Planned Industrial Commercial) Zone in order to bring forward a flex office/warehouse development, located at 1780 South State Street. Spring Creek Neighborhood. Mary Barnes (801) 852-6408 mabarnes@provo.org PLRZ20240369 Applicant: Ryan Litke Current Legal Use: Vacant lot Staff Coordinator: Mary Barnes Property Owner: Skyline Holdings Group Relevant History: This property originally had an LLC, Zions M-13 Development LLC auto repair shop, which was demolished in 2002. Since then, it has been a vacant lot. Parcel ID: 22:046:0173, 22:046:0174, 22:046:0084, 22:046:0084, 22:046:0177, 22:046:0056, 22:046:0055, 22:046:0055, 22:046:0063, 22:046:0057, 22:046:0178, Neighborhood Issues: This application was 22:046:0005 presented at the District 2 neighborhood meeting on February 4th. Neighbors were concerned about Acreage: 2.82 acres traffic safety, industrial uses near a school, and construction noise. Number of Lots: 12 Current Zone: Agriculture (A1.5) Summary of Key Issues: Proposed Zone: Planned Industrial - The General Plan and Southeast Commercial (PIC) Neighborhood Plan future land use maps show this area as commercial. - A concept plan is a part of this approval. ALTERNATIVE ACTIONS Staff Recommendation: 1. Continue to a future date to obtain That the Planning Commission recommend additional information or to further approval of the zone map amendment to the Provo consider information presented. The City Council. next available meeting date is April 9, 2025, 6:00 P.M. 2. Recommend Denial of the requested zone map amendment. This action would not be consistent with the recommendations of the Staff Report. The Planning Commission should state new findings. Planning Commission Staff Report *Item 1 March 26, 2025 Page 2 OVERVIEW The applicant has requested a zone map amendment for a 2.82 -acre lot located at 1780 S State St, from Agriculture (A1.5) to Planned Industrial Commercial (PIC). In the associated concept plan application, the applicant is proposing Pronghorn Business Park, a 5-tenant flex office/warehouse building, including a drive through tenant space. Figure 2: Southeast Plan Future Land Use Map Figure 1: General Plan Future Land Use Map Residential Open Space Facilities Commercial The General Plan Future Land Use Map designates this area as commercial, and the Southeast Neighborhood Plan Future Land Use Map designates this area as SC1 or Neighborhood Commercial, as seen in Figures 1 & 2 below. Surrounding zones North: Medium Density Residential (MDR), and Agriculture (A1.5) South: Utah County East: Agriculture (A1.5) West: Public Facilities (PF) and Neighborhood Shopping Center (SC1) FINDINGS OF FACT 1. The current zoning on the parcel is A1.5 (Chapter 14.08). The entire area is 2.82 acres, or 122,839 sq ft. 2. The proposed zoning is PIC (Chapter 14.29). The PIC zone permits many different commercial, retail, service, and industrial uses. 3. The general plan designation is Commercial. 4. The proposed use would increase the amount of commercial tenant space on south State St. 5. If the rezone is approved, the applicant will have to come back for Project Plan Approval with the Planning Commission and record a subdivision plat. Planning Commission Staff Report *Item 1 March 26, 2025 Page 3 6. This rezone request includes a small property to the south owned by Zions M-13 Development. This property does not currently have a concept plan. Staff directed the applicant to include this property in the rezone application to avoid an isolated zoning designation. STAFF ANALYSIS This corner of south Provo is shown as SC1 or neighborhood commercial in the Southeast Neighborhood Plan; however, it has been vacant for 23 years. Staff considers the PIC zoning classification appropriate for this area, as it accommodates commercial while potentially providing office/warehouse space for businesses that do not need State St frontage. The nearby land surrounding the 7-11 at Slate Canyon Dr/State St is zoned SC1. Upon reevaluating this SC1-zoned area and acknowledging its persistent vacancy, staff believes that applying the PIC zone on the subject property would better complement existing uses in the area while offering an increased flexibility in uses that would facilitate development. This would still fall in line with the general goals of the General Plan and Southeast Neighborhood Plan. Permitted uses in the PIC zone include the manufacturing of food products (dairy, bakery, confectionery, etc.), apparel, furniture, medicine, professional instruments, and miscellaneous plastic or glass products. It includes retail uses, such as general merchandise, food, apparel and accessories, restaurants, and other miscellaneous retail trade. Finally, it permits personal services (beauty and barber shops, clothing alteration, etc.), athletic clubs, business and small repair services, professional services, and amusements. The PIC zone was designed to combine nonpolluting light manufacturing uses, commercial uses, and professional office uses. General Plan Provo City Code Title 14.02.020(2) sets forth the following guidelines for consideration of amendments: 1. 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 public purpose of this amendment is to enhance the commercial opportunities available within this area. Commercial development is also beneficial to the city tax base. b) Confirmation that the public purpose is best served by the amendment in question. Staff response: With this zone map amendment, the applicant will be able to apply for a project plan application for five-tenant office/warehouse building, including a drive through tenant space. This would increase the commercial offerings of the area. Planning Commission Staff Report *Item 1 March 26, 2025 Page 4 c) Compatibility of the proposed amendment with General Plan policies, goals, and objectives. Staff response: Goal 1a in the Economic Development chapter of the General Plan states, “Explore implementing strategic investments to attract new businesses while continuing to support growth of local businesses” Goal 1c in the Economic Development chapter states, “Increase commercial and light industrial space such as maker spaces and innovation centers.” 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: The implementation chapter of the General Plan states that the timing of both goals is short-mid. This rezone would be within the “short” time range of 1-3 years since the General Plan was adopted. e) Potential of the proposed amendment to hinder or obstruct attainment of the General Plan’s articulated policies. Staff response: Staff does not believe that this proposal will hinder or obstruct General Plan policies. f) Adverse impacts on adjacent landowners. Staff response: The Provo City Traffic Engineer believes that the current access configuration shown on the site plan is the best possible outcome for traffic from the school. The volume of visitors to Pronghorn Business Park will be less than the traffic volume for Remington Commons. g) Verification of correctness in the original zoning or General Plan for the area in question. Staff response: The General Plan shows this area as “Commercial”. Staff believes that the PIC zone can fulfill the intent of the commercial designation. 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 conflict between the General Plan Map and Policies. CONCLUSIONS In conclusion, staff view this rezone request and associated concept plan favorably. This type of use is needed in this area of Provo, and with the implementation of transitional buffer standards, there is the potential for appropriate integration within the context of this section of State St. ATTACHMENTS 1. Area Map 2. Proposed Zone Map Amendment 3. Concept Site Plan Planning Commission Staff Report *Item 1 March 26, 2025 Page 5 ATTACHMENT 1 – AREA MAP Planning Commission Staff Report *Item 1 March 26, 2025 Page 6 ATTACHMENT 2 – PROPOSED ZONE MAP AMENDMENT PIC Planning Commission Staff Report *Item 1 March 26, 2025 Page 7 ATTACHMENT 3 – CONCEPT SITE PLAN  Planning Commission Hearing Staff Report Hearing Date: March 26, 2025 Item 2 Ryan Litke requests Concept Plan approval for new flex office/warehouse space in a proposed PIC (Planned Industrial Commercial) Zone, located at 1780 S State Street.Spring Creek Neighborhood. Mary Barnes (801) 852-6408 mabarnes@provo.gov PLRCP20250013 Applicant: Ryan Litke Current Legal Use: Vacant lot Staff Coordinator: Mary Barnes Property Owner: Skyline Holdings Group Relevant History: This property originally had an LLC, Zions M-13 Development LLC auto repair shop, which was demolished in 2002. Since then, it has been a vacant lot. Parcel ID: 22:046:0173, 22:046:0174, 22:046:0084, 22:046:0084, 22:046:0177, 22:046:0056, 22:046:0055, 22:046:0055, 22:046:0063, 22:046:0057, 22:046:0178, Neighborhood Issues: The corresponding rezone 22:046:0005 application was presented at the District 2 neighborhood meeting on February 4th. Neighbors Acreage: 2.82 acres were concerned about traffic safety, industrial uses near a school, and construction noise. Number of Properties: 12 Summary of Key Issues: - The General Plan and Southeast Neighborhood Plan future land use maps show this area as commercial. - If the concept plan and rezone are approved, the applicant will be required to submit a traffic study. ALTERNATIVE ACTIONS - This application is in connection with a zone 1. Continue to a future date to obtain map amendment. additional information or to further consider information presented. The next available meeting date is April 9, 2025, 6:00 P.M. Staff Recommendation: Staff recommends that 2. Deny the concept plan. This action the Planning Commission approve the concept would not be consistent with the plan. recommendations of the Staff Report. The Planning Commission should state new findings. Planning Commission Staff Report Item 2 March 26, 2025. Page 2 OVERVIEW The applicant is requesting approval for a concept plan associated with a rezone request to the Planned Industrial Commercial (PIC) zone. Located at 1780 S State St, the subject property is currently zoned Agriculture (A1.5) and is a vacant lot. With the rezone, the applicant is proposing to build Pronghorn Business Park, a 5-tenant flex office/warehouse space, including a drive through tenant space. The small property to the south owned by Zions M-13 Development does not currently have a concept plan. Owned by Zions M-13 Development Figure 1: Ownership map Provo City Code 15.03.300 requires a concept plan to be submitted with rezone applications. The concept plan in attachment 2 shows the location of the potential building, access to the property, and parking spaces. Surrounding zones and uses North: Medium Density Residential (MDR), and Agriculture (A1.5), Remington Commons. South: Utah County, vacant lot. East: Agriculture (A1.5), Treeside Charter School. West: Public Facilities (PF) and Neighborhood Shopping Center (SC1), LDS Church, 7-11, and vacant lot. FINDINGS OF FACT 1. The current zoning on the parcel is A1.5 (Chapter 14.08). The entire area is 2.82 acres, or 122,839 sq ft. 2. The proposed zoning is PIC (Chapter 14.29). The PIC zone permits many different commercial, retail, service, and industrial uses. 3. The general plan designation is Commercial. 4. The proposed use would increase the amount of commercial tenant space on south State St. 5. Due to the bordering agriculture (Treeside Charter School) and residential (Remington Commons) zones, the applicant will have to meet the requirements in 14.34.30, Planning Commission Staff Report Item 2 March 26, 2025. Page 3 Transitional Development Standards for Uses Abutting Residential Zones. These requirements include 10 ft wide heavily landscaped strips on the abutting side yards. 6. If the rezone and concept plan are approved, the applicant will have to come back for Project Plan Approval with the Planning Commission and record a subdivision plat. STAFF ANALYSIS Concept plan applications are intended to show what an applicant would do with their proposed rezone. It does not have the same level of detail as a project plan application. That being said, the proposed commercial building in the concept site plan meets the setback and height requirements. The applicant has provided a total of 88 parking spaces, including 4 ADA spaces. The applicant is in talks with the Utah Department of Transportation (UDOT) regarding the two State St accesses. If this concept plan and associated rezone is approved, the applicant will be required to provide a traffic study as part of the project plan application. Based on preliminary assessment, the Provo City Traffic Engineer anticipates that the internal traffic and circulation will function adequately, pending the results of the traffic study. It should be noted that there is no internal connection to the access road immediately west of the proposed development, nor is there direct internal access to the roadway leading to the school parking lot. The internal access on the north side of the parking lot leads directly to a roadway that connects to the Remington Commons project and the access to State St. This internal access will promote connectivity throughout this section of the State St corridor while preserving the school parking facilities. CONCLUSIONS In conclusion, staff view this concept plan and associated rezone request favorably. This type of use is needed in this area of Provo, and with the implementation of transitional buffer standards, there is the potential for appropriate integration within the context of this section of State St. ATTACHMENTS 1. Area Map 2. Concept Site Plan 3. Concept Elevations 4. Zoning Map Planning Commission Staff Report Item 2 March 26, 2025. Page 4 ATTACHMENT 1 – AREA MAP Utah County land Planning Commission Staff Report Item 2 March 26, 2025. Page 5 ATTACHMENT 2 – CONCEPT SITE PLAN Planning Commission Staff Report Item 2 March 26, 2025. Page 6 ATTACHMENT 3 – CONCEPT ELEVATIONS Planning Commission Staff Report Item 2 March 26, 2025. Page 7 ATTACHMENT 4 – ZONING MAP  Planning Commission Hearing Staff Report Hearing Date: March 26, 2025 *Item 3 Tara Wilkinson requests a Zone Map Amendment to apply a PD (Performance Development Overlay) Zone to the R1.8 (One Family Residential) Zone in order to build 19 townhomes, located approximately at 130 South 2050 West. Provo Bay Neighborhood. Dustin Wright (801) 852-6414 dwright@provo.gov PLRZ20240323 Applicant: Tara Wilkinson Current Legal Use: The portion of the lot that is proposed to be rezoned Staff Coordinator: Dustin Wright is vacant and is zoned for R1.8 residential. Property Owner: PREMIER REALTY Relevant History: INVESTMENTS LLC • There is a concept plan application (PLCP20250005) associated with this zone Parcel ID: 21:038:0158 map amendment request. • The northern portion of this parcel was Acreage: Approximately 3.03 acres of 4.90 rezoned (PLRZ20210271) in 2023 to Mixed lot (has not been subdivided from last rezone) Use (MU). Number of Properties: 1 Neighborhood Issues: Current Zone: One-Family Residential (R1.8) A neighborhood district meeting was held February Proposed Zone: One-Family Residential with 19, 2025. (See attachment #4 for meeting notes for Performance Development Overlay (R1.8.PD) this item). Council Action Required: Yes Summary of Key Issues: • The applicant requested to move the Development Agreement: None applications on to Planning Commission even though this is still under review by CRC and has not been approved. • The proposed density exceeds capacity limits in the Water Master Plan for sewer and the ALTERNATIVE ACTIONS Southwest Neighborhoods plan of no more than 1. Continue to a future date to obtain three units per gross acre. additional information or to further • A development agreement was mentioned in the consider the information presented. neighborhood district meeting, but no information has been submitted to staff for a The next available meeting date is April development agreement. 9, 2025, at 6:00 p.m. 2. Recommend approval of the Staff Recommendation: requested Rezone Application with the That the Planning Commission recommend to the following conditions: Municipal Council denial of the requested rezone 1. CRC approval is given.This action for a PD Overlay. would not be consistent with the recommendations of the Staff Report. The Planning Commission should state new findings. Planning Commission Staff Report *Item 3 March 26, 2025 Page 2 BACKGROUND The applicant is requesting to have the zoning changed on a portion of the parcel located at 2075 W Center (Attachment 1) to include an overlay zone to the existing residential R1.8 zone. The purpose of these PD overlay zones is to provide greater flexibility in the location of buildings on the land, the consolidation of open spaces, and the clustering of dwelling units. They also allow for an increase in density beyond what is allowed in the underlying zone. The remainder of the parcel was rezoned a couple years ago to the Mixed Use (MU) zone. The surrounding properties to the west and the south are currently zoned R1.8 and the properties to the east are zoned R1.8PD, like what is being requested for this application. The PD development across the street consists of single-family homes facing 2050 W, and shared driveway access to single-family homes behind the homes that front 2050 W (Attachment 2). The applicant requested that the rezone application and the concept plan application be placed on the public hearing agendas despite not having received CRC approval first. Staff informed the applicant that there are still issues that need to be resolved. The concept plan that has been submitted will not be permitted as it exceeds the density allowance by code. Despite being informed of this, the applicant wanted to move forward. FINDINGS OF FACT Sec. 14.020.020(2) establishes criteria for the amendments to the zoning title as follows: (Staff response in bold type) 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: Staff has concerns that the proposed amendment does not comply with the density limits that have been established to ensure adequate public needs are able to be met currently and in the future. (b) Confirmation that the public purpose is best served by the amendment in question. Staff response: Sufficient plan review has not occurred as the applicant has insisted on moving forward without CRC approval first. The applicant has not reduced the proposed density nor shown that it meets code requirements. (c) Compatibility of the proposed amendment with General Plan policies, goals, and objectives. Staff response: The Southwest Neighborhoods plan identifies three units per gross acre for development in this area. Rezoning the property would result in these established densities to be exceeded. These density limits are used to determine the capacity for other improvements and infrastructure needed to serve the public adequately. (d) Consistency of the proposed amendment with the General Plan’s “timing and Planning Commission Staff Report *Item 3 March 26, 2025 Page 3 sequencing” provisions on changes of use, insofar as they are articulated. Staff response: Public Works has informed the applicant that the proposed use of the property exceeds the planned capacity for utilities in this portion of the City. (e) Potential of the proposed amendment to hinder or obstruct attainment of the General Plan’s articulated policies. Staff response: Staff does not recommend this amendment because it does not fit within the established density limitations for each development. (f) Adverse impacts on adjacent landowners. Staff response: The proposed density is more than what has been anticipated by surrounding property owners. This increase would have an impact on adjacent properties with added traffic that was not anticipated. It would also limit development elsewhere on the west side by reducing the overall capacity of planned infrastructure. (g) Verification of correctness in the original zoning or General Plan for the area in question. Staff response: The land use map from the General Plan has been reviewed and found to be correct for this area. (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 are no conflicts noted by staff. STAFF ANALYSIS The applicant has requested to have the applications moved on to Planning Commission and the City Council prior to making the changes needed to get CRC approval. What has been proposed with the concept plan does not meet the code requirements. More information has been requested of the applicant and staff has not been able to review the last resubmittal to determine any outstanding items. It does not make sense to move forward with an approval to change the zone without seeing how the property could be developed within the existing code requirements. Only three units per gross acre are recommended and the applicant is asking for six units per acre. Public Works has let the applicant know that this proposed development is not supported as it does not meet the density limits that have been established to maintain adequate infrastructure on the west side. A development agreement was mentioned at the neighborhood district meeting that would limit rentals. No development agreement has been proffered for staff review. The property is currently zoned for detached, single-family homes which are needed within the city. When the MU zone was approved for the northern portion of this parcel, it was shown that this portion of the property would remain as existing single-family R1.8 and not anticipated to have townhomes at a higher density. For the last several years far more townhomes than detached single-family homes have been built in Provo. This area is already zoned for the type of development that is needed and would not exceed the desired density that has been adopted by the city. Planning Commission Staff Report *Item 3 March 26, 2025 Page 4 CONCLUSION The proposed density of the site is not supported by the adopted plans for area of the city. CRC has not approved the submitted applications, and the applicant is unwilling to revise the proposed density to what would be allowed by the PD overlay zone. Public Works does not recommend approving density over what is in the adopted plans. Maintaining the existing zoning would be the best use and would result in keeping with the three units per acre density. ATTACHMENTS 1. Area to be Rezoned 2. Current Zone Map 3. General Plan Map 4. Neighborhood District 3 Meeting Minutes 2-19-2025 Planning Commission Staff Report *Item 3 March 26, 2025 Page 5 ATTACHMENT 1 – AREA TO BE REZONED Planning Commission Staff Report *Item 3 March 26, 2025 Page 6 ATTACHMENT 2 – CURRENT ZONE MAP Planning Commission Staff Report *Item 3 March 26, 2025 Page 7 ATTACHMENT 3 – GENERAL PLAN MAP Planning Commission Staff Report *Item 3 March 26, 2025 Page 8 ATTACHMENT 4 – NEIGHBORHOOD DISTRICT 3 MEETING MINUTES 2-19-2025  Planning Commission Hearing Staff Report Hearing Date: March 26, 2025 Item 4 Tara Wilkinson requests Concept Plan approval for a Performance Development with 19 townhomes in a proposed R1.8(PD) (One Family Residential with Performance Development Overlay) Zone, located approximately at 130 South 2050 West. Provo Bay Neighborhood. Dustin Wright (801) 852-6414 dwright@provo.gov PLCP20250005 Applicant: Tara Wilkinson Current Legal Use: The portion of the lot that is proposed to be Staff Coordinator: Dustin Wright rezoned is vacant and is zoned for R1.8 residential. Property Owner: PREMIER REALTY INVESTMENTS LLC Relevant History: There is a rezone request (PLRZ20240323) to Parcel ID: 21:038:0158 have a Performance Development Overlay with the existing R1.8 zone associated with this Acreage: Approximately 3.03 acres of 4.90 Concept Plan. lot (has not been subdivided from last rezone) Neighborhood Issues: Number of Properties: 1 A neighborhood district meeting was held February 19, 2025. (See Attachment 5 for meeting Current Zone: One-Family Residential notes for this item). (R1.8) Summary of Key Issues: Proposed Zone: One-Family Residential • The applicant requested to move the with Performance Development Overlay applications on to Planning Commission even (R1.8.PD) though this is still under review by CRC and has not been approved. Council Action Required: No • The proposed density exceeds capacity limits in the Water Master Plan for sewer and the ALTERNATIVE ACTIONS Southwest Neighborhoods plan of no more 1. Continue to a future date to obtain than three units per gross acre. additional information or to further • CRC approval is still needed as there are revised plans that have not been reviewed or consider the information presented. approved. The next available meeting date is April 9, 2025, at 6:00 p.m. Staff Recommendation: 2. Approve the requested Concept Plan That the Planning Commission deny the Application with the following requested concept plan application. conditions: 1. CRC approval is given. 2. Amend the code to allow for more density. This action would not be consistent with the recommendations of the Staff Report. The Planning Commission should state new findings. Planning Commission Staff Report Item 4 March 26, 2025 Page 2 BACKGROUND The applicant has submitted a concept plan along with a rezone request for a portion of the parcel located at 2075 W Center (Attachments 1-2). The surrounding properties to the west and the south are currently zoned R1.8 and the properties to the east are zoned R1.8PD, like what is being requested for this property. The PD development across the street consists of single-family homes facing 2050 W, and shared driveway access to single family homes behind the homes that front 2050 W. The applicant requested that the rezone application and the concept plan application be placed on the public hearing agendas despite not having received CRC approval first. Staff informed the applicant that there are still issues that need to be resolved. The concept plan that has been submitted will not be permitted as it exceeds the density allowance by code. Despite being informed of this, the applicant wanted to move forward. FINDINGS OF FACT 1. CRC approval has not been given, the applicant requested to be placed on the Planning Commission agenda. 2. The proposed density of the development exceeds what is allowed by code. 3. Staff have calculated that the base density as defined in 14.31.020 for the underlying zone with conventional development at approximately 11 units for this site. 4. The applicant has not shown how the site could be developed conventionally with more units as their base density. 5. Max density bonus is 40% (14.31.090), which would be an additional 4 units, totaling 15 units. 6. The concept plan shows 17 units and only is requesting a 10% density bonus for “building variety” 14.31.100(1) and not the remaining 30% density bonus for providing affordable housing per 14.31.100(2). 7. The adopted Southwest Neighborhoods Plan indicates the density to be 3 units per gross acre. Policy 8 page 4. 8. The concept plan has 5.6 units per gross acre. 9. Provo Street standards have not been met. The distance between intersections and streets needs to be increased. Public Works has concerns that have not been addressed with how close the street is to the intersection. APPLICABLE CODE SECTIONS 14.31.020 Definitions “Base density” means the maximum number of residential units per developable acre in the PD that could be achieved, without a density bonus, by conventional development of the property in the zone with which the PD is proposed to be applied. 14.31.090 Density Bonus PD developments are eligible for a density bonus based on additional amenities Planning Commission Staff Report Item 4 March 26, 2025 Page 3 provided per Section 14.31.100, Provo City Code. Each amenity is assigned a standard percentage increase in dwelling units above the underlying zone density limit. The total density bonus for a project shall not exceed forty percent (40%) above the underlying zone density limit. 14.31.100 Density Bonus Features (1) Building Variety. Any development providing four (4) or more types of housing models defined by different floor plans, exterior materials, or roof lines is eligible for a ten percent (10%) increase in density. (2) Affordable Housing. Any PD which provides deed-restricted affordable housing defined by eighty percent (80%) AMI (average median income) may be eligible for a density bonus. The percentage of density bonus given for affordable housing shall be equal to the percentage of affordable housing units provided, up to forty percent (40%) above the underlying zone base density. STAFF ANALYSIS The applicant has requested to have the applications moved on to Planning Commission and the City Council prior to making the changes needed to get CRC approval. What has been proposed with the concept plan does not meet the code requirements. More information has been requested of the applicant and staff has not been able to review the last resubmittal to determine any outstanding items. The proposed density does not comply with what the code allows. The applicant would have to amend the code before the concept plan could be approved. Only three units per gross acre are recommended and the applicant is asking for nearly six units per acre. Public Works has let the applicant know that this proposed development is not supported as it does not meet the density limits that have been established to maintain adequate infrastructure on the west side. A development agreement was mentioned at the neighborhood district meeting that would limit rentals, and that the public would have access to open space within this project. No development agreement has been provided for staff review. The property is currently zoned for detached, single-family homes which are needed. When the MU zone was approved for the northern portion of this parcel, it was shown that this portion of the property would remain as existing single-family R1.8 and not anticipated to have townhomes at a higher density. For the last several years we have seen far more townhome developments than we have detached single-family homes. This area is already zoned for the type of development that is needed and would not exceed the desired density that has been adopted by the city. CONCLUSION The proposed density of the site is not supported by the adopted plans for area of the City. CRC has not approved the submitted applications, and the applicant is unwilling to revise the proposed density to what would be allowed by the PD overlay zone. The code would need to be Planning Commission Staff Report Item 4 March 26, 2025 Page 4 amended to allow more density as the concept plan can’t be approved because it does not meet the code. Public Works does not recommend approving density over what is in the adopted plans. Maintaining the existing zoning would be the best use and would result in keeping with the three units per acre density. ATTACHMENTS 1. Aerial of Site 2. Concept Plan 3. Renderings and Elevations 4. Floor Plans 5. Neighborhood District 3 Meeting Minutes 2-19-2025 Planning Commission Staff Report Item 4 March 26, 2025 Page 5 ATTACHMENT 1 – AERIAL OF SITE Planning Commission Staff Report Item 4 March 26, 2025 Page 6 ATTACHMENT 2 – CONCEPT PLAN Planning Commission Staff Report Item 4 March 26, 2025 Page 7 ATTACHMENT 3 – RENDERINGS AND ELEVATIONS Planning Commission Staff Report Item 4 March 26, 2025 Page 8 ATTACHMENT 4 – FLOOR PLANS Planning Commission Staff Report Item 4 March 26, 2025 Page 9 ATTACHMENT 5 – NEIGHBOIRHOOD DISTRICT 3 MEETING MINUTES 2-19-2025  Planning Commission Hearing Staff Report Hearing Date: March 26, 2025 *Item 5 Douglas Nielson requests Ordinance Text Amendments to Provo City Code Sections 14.47.120 (Permitted Uses) and 14.47.130 (Floor Area Ratio) to add drive-thru restaurants and indoor temperature-controlled storage unit facilities and remove floor area ratio standards in the SSC (Specialty Support Commercial) Zone. Citywide Application. Mary Barnes (801) 852-6408 mabarnes@provo.gov PLOTA20250083 Applicant: Douglas Nielson Relevant History: The applicant is requesting this ordinance amendment to remove the floor area Staff Coordinator: Mary Barnes ratio requirement from the Specialty Support Commercial (SSC) zone and add restaurant drive- throughs and indoor self-storage to the permitted uses. Neighborhood Issues: A neighborhood meeting for District 1 has been scheduled for April 16th, 2025, and the applicant has agreed to appear before the neighborhood board to answer any questions they may have. Summary of Key Issues: - 14.47.020 currently permits restaurants, but not fast food or drive-throughs. It does not permit indoor self-storage. - 14.47.130 is the permissible floor area ratio. The applicant wants to remove this requirement completely. ALTERNATIVE ACTIONS 1. Continue to a future date to obtain additional information or to further consider information presented. The next available meeting date is April 9th, 6:00 P.M. Staff Recommendation: 2. Recommend Denial of the requested That the Planning Commission recommend ordinance text amendment. This action approval of the proposed text amendment to the would not be consistent with the Provo City Council with the following condition: recommendations of the Staff Report. - A 30% lot coverage requirement is added to The Planning Commission should state 14.47.130. new findings. Planning Commission Staff Report Item 5* March 26, 2025. Page 2 OVERVIEW The Specialty Support Commercial (SSC) zone was created in 1995 by Doug Nielson, who is the applicant on this ordinance text amendment. This zone was specifically crafted for the Courtyard on Jamestown project on University Avenue. After 30 years, the applicant is requesting an ordinance amendment to add two permitted uses, and to remove the floor area ratio requirement. FINDINGS OF FACT - This ordinance text amendment is in connection with a rezone and concept plan for 3433 N 100 E. - The SSC zone currently allows restaurants, but not fast food or drive-throughs. - There are no other standalone indoor temperature-controlled self-storage facilities in the vicinity. - Floor area ratio is a requirement in one other section of code, the Research and Business Park (RB&P) zone. The RB&P floor area ratio is less stringent than the SSC floor area ratio requirement. - A lot coverage requirement has been added to the recommended conditions of approval. STAFF ANALYSIS 14.47.020 Ordinance Amendment Please see attachment 1 for the exact ordinance amendment language. There are no other stand-alone indoor temperature-controlled self-storage facilities in Provo City, they have only been developed as part of an overall outdoor storage project. This would be the first. The language in the ordinance amendment would ensure that only indoor temperature- controlled storage unit facilities would be permitted in the SSC, not outdoor storage units. Staff believe that the standards in 14.34.300 Transitional Development Standards for Uses Abutting Residential Zones will be able to address any residential buffering or screening concerns with the storage complex and drive-through. 14.47.130 Ordinance Amendment Please see attachment 2 for the exact ordinance amendment language. The permissible floor area ratio was added to the SSC zone in 1995 to reduce the lot coverage. However, it is fairly strict with its requirements. As it reads right now, a 3-story building can only cover 6.67% of a lot, and there is no outlined way to add additional buildings to the floor area ratio. This section of code no longer works for this zone and is not used in any other commercial zone in the city. A lot coverage requirement is still needed, although the applicant did not include a lot coverage requirement in the ordinance text amendment application. The Neighborhood Commercial (SC1) zone is the closest approximation to the SSC zone, and the lot coverage for SC1 properties is 30%. Therefore, the condition of approval is as follows: Planning Commission Staff Report Item 5* March 26, 2025. Page 3 - A 30% lot coverage requirement is added to 14.47.130. Attachment 3 shows the potential ordinance amendment if the condition of approval is added to this ordinance text amendment. General Plan Provo City Code Title 14.02.020(2) sets forth the following guidelines for consideration of ordinance text amendments: 1. 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 there is increased demand for drive- through restaurants in this area, and there is a need for indoor temperature-controlled self-storage facilities in Provo City. The applicant wants to meet those needs in the SSC zone. The current permissible floor area ratio in the SSC zone is unnecessarily stringent. b) Confirmation that the public purpose is best served by the amendment in question. Staff response: In the Land Use chapter of the General Plan, it states that small shopping centers with multiple stores and restaurants are the most needed type of development in Provo. And while storage facilities are not specifically mentioned in the General Plan, it should be noted that no comparable storage options currently exist in this area. Replacing the floor area ratio requirement with a lot coverage requirement similar to those in comparable zones will streamline future development processes in the SSC zone. c) Compatibility of the proposed amendment with General Plan policies, goals, and objectives. Staff response: Goal 3 in the Land Use chapter of the General Plan states, “Review and revise Provo City Code to make it more consistent and accessible.” Goal 3a in the Land Use chapter of the General Plan states, “Simplify zoning and codes to be more user friendly” Goal 1a in the Economic Development chapter of the General Plan states, “Explore implementing strategic investments to attract new businesses while continuing to support growth of local businesses” 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: The implementation chapter of the General Plan states that the timing of these goals is short-mid. This rezone would be within the short time range of 1-3 years since the General Plan was adopted. Planning Commission Staff Report Item 5* March 26, 2025. Page 4 e) Potential of the proposed amendment to hinder or obstruct attainment of the General Plan’s articulated policies. Staff response: Staff does not believe that this proposal will hinder or obstruct General Plan policies. f) Adverse impacts on adjacent landowners. Staff response: Staff does not foresee adverse impacts on the current adjacent landowners of the SSC zone. g) Verification of correctness in the original zoning or General Plan for the area in question. Staff response: Not applicable, this is an ordinance text amendment. h) In cases where 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. CONCLUSIONS In conclusion, staff recommends approval for this ordinance amendment. Incorporating indoor temperature-controlled storage facilities and drive-through establishments as permitted uses within the SSC zone would address potential needs in this area. Removing the floor area ratio requirement and adding the typical lot coverage requirement would both clarify the code and align the SSC zone regulations with those of comparable zones. ATTACHMENTS 1. Proposed 14.47.020 Text Amendment 2. Proposed 14.47.130 Text Amendment 3. Proposed 14.47.130 Text Amendment with lot coverage requirement Planning Commission Staff Report Item 5* March 26, 2025. Page 5 ATTACHMENT 1 – PROPOSED 14.47.020 TEXT AMENDMENT 14.47.020 Permitted Uses. (1) Those uses or categories as listed herein, and no others, are permitted in the SSC zone. (2) All uses listed herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning Commission. Specific uses are identified by a four- digit number in which all digits are whole numbers. Classes or groupings of such uses permitted in the zone are identified by a four-digit number in which the last one or two digits are zeros. All such categories or classes listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the SSC zone subject to the limitations set forth herein. (3) Permitted Principal Uses. The following principal uses and structures, and no others, are permitted in the SSC zone: Use Use Classification No. 4811 Electric transmission right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4821 Gas pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4824 Gas pressure control stations 4831 Water pipeline right-of-way (identifies areas where the surface is devoted exclusively to the right-of-way of the activity) 4835 Irrigation distribution channels 4836 Water pressure control stations and pumping plants 4841 Sewage pipeline right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) Planning Commission Staff Report Item 5* March 26, 2025. Page 6 Use Use Classification No. 4844 Sewage pumping stations 4864 Combination utilities right-of-way (identifies areas where surface is devoted exclusively to right-of-way activity) 4873 Storm drain or right-of-way (predominantly covered pipes or boxes) 4923 Travel agencies 5391 Dry goods & general merchandise (includes fabric shops, boutiques, craft stores, etc.) 5421 Meat store (includes butcher shop) 5440 Candy, nut, and confectionery 5461 Bakeries 5494 Delicatessen selling ready cooked or prepared food 5495 Health food store 5733 Music stores, retail 5811 Restaurants (no fast food or drive- through) with drive through service 5912 Prescription pharmacy 5940 Books, stationery, art and hobby supplies, arts and crafts 5950 Sporting goods (excluding firearms and ammunition), bicycles and toys 5991 Florists 5996 Optical goods 6111 Banking services 6141 Insurance carriers 6211 Laundries 6213 Dry cleaning 6230 Beauty and barber shops, reducing salons Planning Commission Staff Report Item 5* March 26, 2025. Page 7 Use Use Classification No. 6254 Shoe repair 6334 Duplicating, quick print services 6376 Indoor Temperature Controlled Storage Unit Facilities 6395 Photo finishing services 6511 Physicians office 6512 Dental office 6591 Accounting, auditing, bookkeeping, income tax preparation, etc. 6730 Postal services 6815 Day care services (subject to the Day care services standards of Section 14.34.250, Provo City Code) 6834 Music schools (only in conjunction with a music store) 6839 Other Special Training, includes karate, judo, kung fu schools 6910 Religious activities 7398 Video rental (4) Permitted Accessory Uses. Accessory uses and structures are permitted in the SSC zone, provided they are incidental to, and do not substantially alter, the character of the permitted use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: (a) Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the SSC zone. (b) Storage of materials used for construction of a building, including the contractor’s temporary office, provided that such use is on the building site or immediately adjacent thereto and, provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter. Planning Commission Staff Report Item 5* March 26, 2025. Page 8 (5) Conditional Uses. The following uses and structures are permitted in the SSC zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof and the standards of Section 14.34.250, Provo City Code. Use Use Classification No. 4715 Low Power Radio Communication Towers and Antennas 5410 Groceries, with or without meat. 5532 Convenience Store, with gasoline and general merchandise Planning Commission Staff Report Item 5* March 26, 2025. Page 9 ATTACHMENT 2 – PROPOSED 14.47.130 TEXT AMENDMENT 14.47.130 Permissible Floor Area Ratio. (1) In an SSC zone, the ratio of total floor area to total lot area shall not exceed 0.20. For example: a one-story building could cover no more than twenty percent (20%) of a lot. A two-story building (with the same amount of floor space) could not cover more than ten percent (10%) of the lot. (2) Notwithstanding the standard set forth in Subsection (1) of this Section, a higher FAR may be approved if the required off-street parking and access lanes cover less of the site than the allowed maximum. As might be the case, for example, with underground parking or other parking structures. Planning Commission Staff Report Item 5* March 26, 2025. Page 10 ATTACHMENT 3 – PROPOSED 14.47.130 TEXT AMENDMENT WITH LOT COVERAGE REQUIREMENT 14.47.130 Permissible Lot Coverage. Floor Area Ratio. (1) In an SSC zone, the ratio of total floor area to total lot area shall not exceed 0.20. For example: a one-story building could cover no more than twenty percent (20%) of a lot. A two-story building (with the same amount of floor space) could not cover more than ten percent (10%) of the lot. (2) Notwithstanding the standard set forth in Subsection (1) of this Section, a higher FAR may be approved if the required off-street parking and access lanes cover less of the site than the allowed maximum. As might be the case, for example, with underground parking or other parking structures. In an SSC zone, all buildings and structures shall not cover an area of more than thirty percent (30%) of the lot or parcel of land upon which they are placed.  Planning Commission Hearing Staff Report Hearing Date: March 26, 2025 *Item 6 Douglas Nielson requests a Zone Map Amendment from the PO (Professional Office) Zone to the LDR (Low Density Residential) and SSC (Specialty Support Commercial) Zones to develop a 2.35-acre mixed-use development with six townhomes, a retail center, and an indoor self-storage facility, located at 3433 N 100 E. Riverside Neighborhood. Mary Barnes (801) 852-6408 mabarnes@provo.gov PLRZ20250082 Applicant: Douglas Nielson Current Legal Use: Vacant lot Staff Coordinator: Mary Barnes Relevant History: This property is part of the overall Property Owner: UNIVERSITY AVENUE Courtyard at Jamestown project, which includes the 3470, LC commercial buildings to the south of the subject property, and the office buildings to the north and Parcel ID: 20:030:0186 west. This is the third zone map amendment application for this property. The previous Acreage: 2.35 acres applications did not make it out of the staff review stage before expiration. Number of Lots: 1 Current Zone: Specialty Support Commercial Neighborhood Issues: This application will be (SSC), Professional Office (PO) presented at the District 1 neighborhood meeting on April 16th, 2025. A similar iteration of the concept Proposed Zone: Specialty Support plan was presented to District 1 in January 2023 as Commercial (SSC), Low Density Residential a part of a previous rezone application, and it was (LDR) met with support. Summary of Key Issues: - The General Plan future land use map shows this area as commercial. ALTERNATIVE ACTIONS - A concept plan and ordinance text 1. Continue to a future date to obtain amendment are connected to this additional information or to further application. consider information presented. The next available meeting date is April 9, 2025, 6:00 P.M. 2. Recommend Denial of the requested zone map amendment. This action would not be consistent with the Staff Recommendation: recommendations of the Staff Report. That the Planning Commission recommend approval The Planning Commission should state of the zone map amendment to the Provo City new findings. Council. Planning Commission Staff Report *Item 6 March 26, 2025 Page 2 OVERVIEW The applicant has requested a zone map amendment for a 2.35-acre lot located at 3433 N 100 E, from Specialty Support Commercial (SSC) and Professional Office (PO) to Specialty Support Commercial (SSC) and Low Density Residential (LDR). In the associated concept plan application, the applicant is proposing to build a three-unit retail building, an indoor temperature- controlled storage facility, and six townhomes. The General Plan Future Land Use Map designates this area as commercial. Please see Figure 1 for the future land use map. Figure 1: General Plan Future Land Use Map Residential Commercial Surrounding zones North: Professional Office (PO) South: Specialty Support Commercial (SSC) East: Residential Performance Development (R1.10PD) West: Professional Office (PO) FINDINGS OF FACT 1. The current zoning on the parcel is SSC (Chapter 14.47) and PO (Chapter 14.16). The entire area is 2.35 acres, or 102,366 sq ft. 2. The proposed zoning is LDR (Chapter 14.14A) and SSC (Chapter 14.47). The LDR zone is for the section of the property that is proposed to have townhomes, and SSC will be for the rest of the property. 3. The general plan designation is Commercial. 4. The proposed uses would increase the housing supply of the area and provide indoor self-storage and more commercial tenant space on north University Avenue. Planning Commission Staff Report *Item 6 March 26, 2025 Page 3 5. If the rezone is approved, the applicant will have to come back for Project Plan Approval with the Planning Commission and record a subdivision plat. STAFF ANALYSIS This property is the final vacant lot within the Courtyard on Jamestown project. If this rezone is approved, the project plan would finally complete the development. Rather than continuing with exclusively retail tenant buildings, the applicant is proposing to introduce a more diverse mix of uses, including an indoor temperature-controlled storage facility and six townhomes. Currently, the property is zoned half SSC and half PO. The proposed rezoning would reconfigure the SSC zone boundaries and establish an LDR zone in the northeast portion of the property, which is where the townhomes are shown in the concept plan. Technically, the General Plan future land use map shows the entire property as commercial. However, staff considers the LDR zoning appropriate for the area. The six townhomes will blend in better with the existing residential properties to the north and east and will require much less buffering and screening. Additionally, adding townhomes to the project would help to meet at least two General Plan goals. General Plan Provo City Code Title 14.02.020(2) sets forth the following guidelines for consideration of amendments: 1. 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 public purpose of this amendment is to increase the housing supply and enhance the commercial opportunities available within this area. b) Confirmation that the public purpose is best served by the amendment in question. Staff response: With this zone map amendment, the applicant will be able to move forward with a plan to develop the lot into two commercial buildings and 6 townhomes. This will increase both the commercial offerings and housing. c) Compatibility of the proposed amendment with General Plan policies, goals, and objectives. Staff response: Goal 1c in the Land Use chapter of the General Plan states, “Promote neighborhood scale development in residential areas, including a mix of density such as pocket neighborhoods, missing middle housing, and small lot single-family” Goal 1b in the Housing chapter of the General Plan states, “Consider revising regulations to encourage development of a mix of housing types” Planning Commission Staff Report *Item 6 March 26, 2025 Page 4 Goal 1a in the Economic Development chapter of the General Plan states, “Explore implementing strategic investments to attract new businesses while continuing to support growth of local businesses” 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: The implementation chapter of the General Plan states that the timing of all three goals is short. This rezone would be within the short time range of 1-3 years since the General Plan was adopted. e) Potential of the proposed amendment to hinder or obstruct attainment of the General Plan’s articulated policies. Staff response: Staff does not believe that this proposal will hinder or obstruct General Plan policies. f) Adverse impacts on adjacent landowners. Staff response: This zone change would simply reconfigure the existing SSC zone and add the LDR zone to the property. The location of the LDR zone would mean that the townhomes would be in the northeast corner, which is bounded by two residential properties. This would reduce the impact on those landowners. g) Verification of correctness in the original zoning or General Plan for the area in question. Staff response: The General Plan shows this area as “Commercial”. This rezone supports that designation, except for the northeast corner where LDR is proposed. 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 a conflict between the General Plan Map and Policies. Precedence has been given to the Plan Policies, which advocate for more housing. CONCLUSIONS In conclusion, staff recommends approval for this rezone request and associated concept plan. The proposed zones match the surrounding uses, and this project will help finish the longstanding Jamestown project. ATTACHMENTS 1. Area Map 2. Current Zone Map 3. Proposed Zone Map Amendment 4. Concept Site Plan Planning Commission Staff Report *Item 6 March 26, 2025 Page 5 ATTACHMENT 1 – AREA MAP Planning Commission Staff Report *Item 6 March 26, 2025 Page 6 ATTACHMENT 2 – CURRENT ZONE MAP Planning Commission Staff Report *Item 6 March 26, 2025 Page 7 ATTACHMENT 3 – PROPOSED ZONE MAP AMENDMENT LDR SSC Planning Commission Staff Report *Item 6 March 26, 2025 Page 8 ATTACHMENT 4 – CONCEPT SITE PLAN  Planning Commission Hearing Staff Report Hearing Date: March 26, 2025 Item 7 Douglas Nielson requests Concept Plan approval for a 2.35-acre mixed-use development with six townhomes, a retail center, and an indoor self-storage facility in a proposed LDR (Low Density Residential) and SSC (Specialty Support Commercial) Zone, located at 3433 N 100 E. Riverside Neighborhood. Mary Barnes (801) 852-6408 mabarnes@provo.gov PLCP20250080 Applicant: Douglas Nielson Current Legal Use: Vacant lot Staff Coordinator: Mary Barnes Relevant History: This property is part of the Property Owner: UNIVERSITY AVENUE overall Courtyard at Jamestown project, which 3470, LC includes the commercial buildings to the south of the subject property, and the office buildings to the Parcel ID: 20:030:0186 north and west. This is the third concept plan application for this property. The previous Acreage: 2.35 acres applications did not make it out of the staff review stage before expiration. Number of Properties: 1 Neighborhood Issues: The corresponding rezone application will be presented at the District 1 neighborhood meeting on April 16th, 2025. A similar iteration of the concept plan was presented to District 1 in January 2023 as a part of a previous rezone application, and it was met with support. Summary of Key Issues: - The General Plan future land use map shows this area as commercial. ALTERNATIVE ACTIONS - This application is in connection with a zone 1. Continue to a future date to obtain map and ordinance text amendment. additional information or to further consider information presented. The next available meeting date is April 9, 2025, 6:00 P.M. Staff Recommendation: Staff recommends that 2. Deny the concept plan. This action the Planning Commission approve the concept would not be consistent with the plan. recommendations of the Staff Report. The Planning Commission should state new findings. Planning Commission Staff Report Item 7 March 26, 2025 Page 2 OVERVIEW The applicant is requesting approval for a concept plan associated with a rezone request for the Low Density Residential (LDR) and the Specialty Support Commercial (SSC) zones. Located at 3433 N 100 E, the subject property is currently zoned SSC and Professional Office (PO) and is a vacant lot. With the rezone, the applicant is proposing to build a three-unit retail building, an indoor temperature-controlled storage facility, and six townhomes. The retail building and storage facility would face University Avenue, although the storage facility would have a loading dock fronting on 100 E. The townhomes would face 100 E. Provo City Code 15.03.300 requires a concept plan to be submitted with rezone applications. The concept plan in attachment 2 shows the location of the potential buildings, access to the property, and parking spaces. Surrounding zones and uses North: Professional Office (PO), Courtyard at Jamestown office complex and a single-family home. South: Specialty Support Commercial (SSC), Courtyard at Jamestown commercial building. East: Residential Performance Development (R1.10PD), Edgemont Farms twinhomes. West: Professional Office (PO), Courtyard at Jamestown office complex. FINDINGS OF FACT 1. The current zoning on the parcel is SSC (Chapter 14.47) and PO (Chapter 14.16). The entire area is 2.35 acres, or 102,366 sq ft. 2. The proposed zoning is LDR (Chapter 14.14A) and SSC (Chapter 14.47). The LDR zone is for the section of the property that is proposed to have townhomes, and SSC will be for the rest of the property. 3. The general plan designation is Commercial. 4. The proposed uses would increase the housing supply of the area and provide indoor temperature-controlled storage and more commercial tenant space on north University Avenue. 5. This property will be subject to the requirements in 14.34.290 (2), or the North University Avenue Riverbottoms Design Corridor. 6. If the rezone and concept plan are approved, the applicant will have to come back for Project Plan Approval with the Planning Commission and record a subdivision plat. STAFF ANALYSIS Concept plan applications are intended to show what an applicant would do with their proposed rezone. They do not have the same level of detail as a project plan application and undergo less rigorous review. Nevertheless, the CRC has approved this concept plan with the understanding that additional changes will need to be made in a potential future project plan application. The storage facility has an unloading dock in the rear that must be screened from the adjacent Edgemont Farms twinhomes with a 6’ masonry wall, as required in 14.34.300 Transitional Development Standards for Uses Abutting Residential Zones. The commercial buildings share Planning Commission Staff Report Item 7 March 26, 2025 Page 3 51 parking stalls and will have an additional cross parking agreement with the Courtyard at Jamestown commercial buildings to the south. The townhomes are 3-bedroom units with 2-car garages. An additional 6 parking stalls are provided on the townhome property. There are accesses on the north and south ends of the commercial property, and the townhomes have an access on 3470 N. A wall is required between the residential and commercial aspects of this project; therefore, they will not be connected by an access. This concept plan does not meet the permissible floor area ratio requirement found in 14.47.130. The applicant has submitted a separate ordinance text amendment application to remove the floor area ratio requirement from the SSC zone completely. Staff has added a condition of approval to the ordinance text amendment to add a 30% lot coverage requirement to the SSC zone. Currently, the combined commercial buildings equal about 33.8% of the overall lot. CONCLUSIONS In conclusion, staff recommends approval for this concept plan and associated rezone request. The buildings will match the existing Courtyard at Jamestown structures, and proper buffering will be required for the residential uses. Staff is confident that a project plan application with this layout will be able to meet all code requirements, including the potential lot coverage requirement connected to the ordinance text amendment. ATTACHMENTS 1. Area Map 2. Concept Site Plan 3. Concept Elevations 4. Site Renderings 5. Zoning Map Planning Commission Staff Report Item 7 March 26, 2025 Page 4 ATTACHMENT 1 – AREA MAP Planning Commission Staff Report Item 7 March 26, 2025 Page 5 ATTACHMENT 2 – CONCEPT SITE PLAN Planning Commission Staff Report Item 7 March 26, 2025 Page 6 ATTACHMENT 3 – CONCEPT ELEVATIONS Storage Complex front elevation Storage Complex side elevation Storage Complex rear elevation Planning Commission Staff Report Item 7 March 26, 2025 Page 7 Retail Building front elevation Townhome front elevation Townhome side elevation Planning Commission Staff Report Item 7 March 26, 2025 Page 8 ATTACHMENT 4 – SITE RENDERINGS Planning Commission Staff Report Item 7 March 26, 2025 Page 9 Facing project from University Ave Facing project from 100 E Planning Commission Staff Report Item 7 March 26, 2025 Page 10 ATTACHMENT 5 – ZONING MAP