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Planning Commission

Regular Meeting

Provo, UT · April 9, 2025

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PROVO CITY CORPORATION DEVELOPMENT SERVICES DEPARTMENT Planning Commission Agenda April 09, 2025 NOTICE OF PUBLIC HEARING BEFORE THE PLANNING COMMISSION The Provo City Planning Commission will hold a public hearing on April 09, 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, May 6, 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. Public Hearings * Item 1 Development Services requests a General Plan Text Amendment to add an appendix to the Conservation and Resiliency Plan of Provo City, to add commitments to become a member of the Bee City USA program. Citywide Application. Hannah Salzl (801) 852- 6423 hsalzl@provo.gov PLGPA20250139 Item 2 Desert Edge Builders request Project Plan approval to construct a new office warehouse in the PIC (Planned Industrial Commercial) Zone, located at 663 E Lakeview Pkwy. East Bay Neighborhood. Mary Barnes (801) 852-6408 mabarnes@provo.gov PLPPA20240377 * Item 3 Peggy Case requests a Zone Map Amendment from the R1.8 (One Family Residential) Zone to the CG (General Commercial) Zone, in order to provide an event space in an existing accessory building, located at 2087 W Center Street. Provo Bay neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.org PLRZ20230258 Item 4 Peggy Case requests Concept Plan approval for an Event Center in a proposed CG (General Commercial) Zone, located at 2087 West Center Street. Provo Bay neighborhood. Aaron Ardmore (801)852-6404 aardmore@provo.org PLCP20230265 * Item 5 Jeff Rands requests a Zone Map Amendment from the R1.8 (One Family Residential) Zone to the LDR (Low Density Residential) Zone in order to create one new single-family residential lot, located at 1001 E Cedar Ave. Wasatch Neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.gov PLRZ20250114 Item 6 Jeff Rands requests Concept Plan approval of a two-lot residential subdivision to create one additional single family home in a proposed LDR (Low Density Residential) Zone, located at 1001 E Cedar Ave. Wasatch Neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.gov PLCP20250116 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 PROVO CITY CORPORATION DEVELOPMENT SERVICES DEPARTMENT Planning Commission Agenda April 09, 2025 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: April 9, 2025 *ITEM 1 Provo City Council Office requests an ordinance amending the Conservation and Resiliency Plan to include a new appendix committing Provo to be Bee City USA affiliate. Citywide Application. Hannah Salzl (801) 852-6423 hsalzl@provo.org PLGPA20250139 Applicant: Council Office Relevant History: For the last several months, the Council, Council staff, Parks and Staff Coordinator: Hannah Salzl Recreation staff, and the Sustainability Coordinator have researched becoming an affiliate of the Bee City USA program run by the Xerces Society for Invertebrate Conservation. Neighborhood Issues: There has not yet been a neighborhood meeting on this item and staff has not received any feedback on the request at the time of this report. Informal social media feedback has been positive, but some did not want City funds to pay for the registration. Summary of Key Issues: • The Council would like to become an affiliate of the Bee City USA program. • This aligns with the Parks and ALTERNATIVE ACTIONS Recreation Department’s ongoing work 1. Continue to a future date to obtain with pollinators and the BioBlitz program. additional information or to further • Funds for the registration fee have been consider information presented. The raised by residents, and no City funds next available meeting date is would be used. September 23, 2025 at 6:00 P.M. Staff Recommendation: That the Planning 2. Recommend Denial of the Commission recommend approval of the requested Ordinance Text proposed General Plan amendment to the Amendment. This action would not Provo City Council. be consistent with the recommendations of the Staff Report. The Planning Commission should state new findings. Planning Commission Staff Report *Item 1 April 9, 2025 Page 2 OVERVIEW The Xerces Society for Invertebrate Conservation is an international organization committed to the conservation of invertebrates. They operate a Bee City USA program, where cities across the U.S. pledge to use pollinator-friendly landscaping practices, preserve and expand pollinator habitats, and educate residents about how to support pollinators. Although there are 229 Bee City USA affiliates across 47 states and territories, there are none in Utah. However, Utah State University and the University of Utah are Bee Campus USA affiliates, and Brigham Young University is exploring becoming an affiliate as well. The full commitments of a Bee City USA affiliate are to: 1. host at least one educational event or pollinator habitat planting or restoration each year; 2. install and maintain at least one authorized Bee City USA street sign in a prominent location; 3. create and maintain a webpage on the Provo City website which includes, at minimum: a. a copy of the resolution to become an affiliate and links to the national Bee City USA website, b. contact information for your Bee City USA Liaison (Parks and Grounds Superintendent) and Committee (Citizens’ Sustainability Committee), c. annual reports of the pollinator-friendly activities the community has accomplished, d. recommended native plant species list (created by the City for residents) and integrated pest management plan; 4. develop and implement a program to create or expand pollinator-friendly habitat on public and private land; 5. create and adopt an integrated pest management plan designed to prevent pest problems, reduce pesticide use, and expand the use of non-chemical pest management methods; and 6. establish a policy in the General Plan to acknowledge and commit to the Bee City USA designation and to review the General Plan and other relevant documents to update pollinator-friendly practices. The Parks and Recreation Department supports pollinator preservation and supports becoming a Bee City USA affiliate. The requirements align with their participation in the BioBlitz program and their own parks maintenance standards, so the only additional work would be an annual report on their efforts. The Administration supports the work of the program, which the City would continue to do with or without becoming an affiliate. Registration is $500 for a city of Provo’s size, and affiliates must re-register annually. Private residents have committed to raising the funds. A payment portal through the Provo Foundation is currently being created. Planning Commission Staff Report *Item 1 April 9, 2025 Page 3 This item for the Planning Commission is to determine whether or not to amend the Conservation and Resiliency Plan to add the Bee City USA commitment as Appendix C. This is number 6 in the list of requirements above, without which Provo could not become a Bee City USA affiliate. FINDINGS OF FACT 1. The Council, Administration, Parks and Recreation Department, Development Services Department, and Citizens’ Sustainability Committee support becoming a Bee City USA affiliate. 2. Provo City staff already do most of this work and would continue to do it whether Provo becomes a Bee City USA affiliate or not. 3. The Bee City USA requirements and goals are consistent with policies in the General and Conservation and Resiliency Plans. 4. Utah has over 3,600 species of native bees (not including the non-native honeybee) and tens of thousands of other pollinator species (e.g., moths, butterflies, etc.), which are critical pieces of our agricultural environment. Their populations have been in decline for several decades. 5. There are no Bee City USA affiliates in Utah yet. STAFF ANALYSIS 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 support the City’s goals to preserve natural spaces and encourage locally appropriate landscaping. (b) Confirmation that the public purpose is best served by the amendment in question. Staff response: Staff believe that the proposed amendments serve the public. (c) Compatibility of the proposed amendment with General Plan policies, goals, and objectives. Staff response: The proposed amendments are consistent with the General Plan. (d) Consistency of the proposed amendment with the General Plan’s “timing and sequencing” provisions on changes of use, insofar as they are articulated. Planning Commission Staff Report *Item 1 April 9, 2025 Page 4 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: This proposal does not conflict with zoning or the General Plan. (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. CONCLUSIONS Staff support the Council, Administration, and Parks and Recreation in becoming a Bee City USA affiliate, which would support not only local pollinators but also the larger local ecosystem. ATTACHMENTS 1. Proposed Language for the Conservation and Resiliency Plan Appendix C 2. Proposed Bee City USA Commitment Resolution Planning Commission Staff Report *Item 1 April 9, 2025 Page 5 ATTACHMENT 1 – PROPOSED LANGUAGE FOR THE CONSERVATION AND RESILIENCY PLAN APPENDIX C Conservation and Resiliency Plan Appendix C: Bee City USA Commitment Provo City recognizes the vital role pollinators play in maintaining a healthy ecosystem, supporting agricultural sustainability, and enhancing environmental well-being. Provo is committed to fostering and protecting pollinator populations through intentional, community-focused conservation initiatives, including: 1. Integrated Pest Management (IPM): Promoting the adoption of IPM plans that prioritize pollinator health and minimize risks associated with pest control. 2. Pollinator-Friendly Landscaping: Supporting the use of native, pollinator- friendly plants across public spaces and encouraging their use throughout the community. 3. Tracking and Reporting Progress: Providing annual updates on Provo’s pollinator conservation efforts. 4. Education: Sharing resources, hosting events, and creating online and in-person educational materials to increase awareness of pollinators’ critical importance. By embracing the Bee City USA designation, Provo City demonstrates commitment to environmental stewardship, biodiversity, and the protection of critical pollinator species that are essential to local, regional, and global ecosystems. This commitment is formalized through Resolution 2025-XX and will be integrated into the City's ongoing environmental and conservation planning processes. Planning Commission Staff Report *Item 1 April 9, 2025 Page 6 ATTACHMENT 2 – PROPOSED BEE CITY USA COMMITMENT RESOLUTION RESOLUTION <<Document Number>> A RESOLUTION APPROVING AN AGREEMENT BETWEEN PROVO CITY AND XERCES SOCIETY FOR INVERTEBRATE CONSERVATION TO MAKE PROVO A MEMBER OF BEE CITY USA. (25-014) RECITALS: It is proposed that the Municipal Council approves a public declaration of commitment to the requirements of Bee City USA membership; This commitment includes the creation of pollinator-friendly habitat, the planting of native pollinator-friendly plants, promotion of public education regarding pollinators, and annual tracking and reporting of these activities to Xerces Society and to the public based on the following considerations: • The mission of BEE CITY USA is to galvanize communities to sustain pollinators, responsible for the reproduction of almost 90% of the world's flowering plant species, by providing them with healthy habitat, rich in a variety of native plants and free to nearly free of pesticides; • Thanks to the more than 3,600 species of native bees in the United States, along with introduced honey bees, we have very diverse dietary choices rich in fruits, nuts, and vegetables; • Bees and other pollinators have experienced population declines due to a combination of habitat loss, poor nutrition, pesticides (including insecticides, fungicides, and herbicides), parasites, diseases, and climate change; • Pollinator-friendly communities can benefit local and regional economies through healthier ecosystems, increased vegetable and fruit crop yields, and increased demand for pollinator-friendly plant materials from local growers; • Ideal pollinator-friendly habitat (A) is comprised of mostly native wildflowers, grasses, vines, shrubs, and trees blooming in succession throughout the growing season to provide diverse and abundant nectar and pollen, since many wild pollinators prefer or depend on the native plants with which they co-adapted; (B) is free to nearly free of pesticides, as many pesticides can harm pollinators and/or their habitat; (C) comprises undisturbed spaces (leaf and brush piles, unmown fields or field margins, fallen trees and other dead Planning Commission Staff Report *Item 1 April 9, 2025 Page 7 wood) for nesting and overwintering; and (D) provides connectivity between habitat areas to support pollinator movement and resilience; • Integrated Pest Management (IPM) is a long-term approach to maintaining healthy landscapes and facilities that minimizes risks to people and the environment by: identifying and removing the causes of pest problems rather than only attacking the symptoms (the pests); employing pests' natural enemies along with cultural, mechanical, and physical controls when prevention is not enough; and using pesticides only when no other method is feasible or effective; • Supporting pollinators fosters broad-based community engagement in environmental awareness and sustainability; On January 28, 2025, and XX, the Municipal Council met to consider the facts regarding this matter and receive public comment, which facts and comments are found in the public record of the Council’s consideration; and After considering the facts presented to the Municipal Council, the Council finds that (i) this commitment to Bee City USA membership should be approved as described herein, and (ii) such action furthers the health, safety, and general welfare of the citizens of Provo City. THEREFORE, the Municipal Council of Provo, Utah resolves as follows: PART I: The Municipal Council declares its public support Provo City membership in Bee City USA. PART II: The Municipal Council approves and declares it support for Provo City entering into an agreement with Bee City USA consistent with the terms shown in Exhibit A. PART III: This resolution takes effect immediately. Planning Commission Staff Report *Item 1 April 9, 2025 Page 8 EXHIBIT A 1. The Provo City Parks & Recreation Department is to be designated as the BEE CITY USA sponsor. 2. The Parks & Grounds Superintendent of Parks & Recreation is to be designated as the BEE CITY USA Liaison. 3. Facilitation of Provo City’s BEE CITY USA program is to be assigned to the Citizens’ Sustainability Committee. 4. The Citizens’ Sustainability Committee is to be authorized and directed to: a. Celebration: Host at least one educational event or pollinator habitat planting or restoration each year to showcase Provo City’s commitment to raising awareness of pollinator conservation and expanding pollinator health and habitat. b. Publicity & Information: Install and maintain at least one authorized BEE CITY USA street sign in a prominent location, and create and maintain a webpage on the Provo City website which includes, at minimum, a copy of this resolution and links to the national BEE CITY USA website; contact information for your BEE CITY USA Liaison and Committee; reports of the pollinator-friendly activities the community has accomplished the previous year(s); and your recommended native plant species list and integrated pest management plan (explained below). c. Habitat: Develop and implement a program to create or expand pollinator- friendly habitat on public and private land, which includes, but is not limited to, Identifying and inventorying Provo City’s real property that can be enhanced with pollinator-friendly plantings; creating a recommended locally native plant list to include wildflowers, grasses, vines, shrubs, and trees and a list of local suppliers for those species; and, tracking (by square footage and/or acreage) annual area of pollinator habitat created or enhanced. d. Pollinator-Friendly Pest Management: Create and adopt an integrated pest management (IPM) plan designed to prevent pest problems, reduce pesticide use, and expand the use of non-chemical pest management methods. e. Policy & Plans: Establish, through the City, a policy in the Conservation and Resiliency Plan of the City’s Comprehensive Plan to acknowledge and commit to the BEE CITY USA designation and review the General Plan and other relevant documents to consider improvements to pest management policies and practices as they relate to pollinator conservation, identify appropriate locations for pollinator-friendly plantings, and consider other appropriate measures. f. Renewal: After completing the first calendar year as a BEE CITY USA affiliate, each February, apply for renewal of Provo City’s BEE CITY USA designation following the format provided by BEE CITY USA, including a report of the previous year’s BEE CITY USA activities, and paying the renewal fee based on Provo City’s population. Planning Commission Hearing Staff Report Hearing Date: April 9, 2025 ITEM 2 Desert Edge Builders request Project Plan approval to construct a new office warehouse in the PIC (Planned Industrial Commercial) Zone, located at 663 E Lakeview Pkwy. East Bay Neighborhood. Mary Barnes (801) 852-6408 mabarnes@provo.gov PLPPA20240377 Applicant: Desert Edge Builders Current Legal Use: Existing metal shop. Staff Coordinator: Mary Barnes Relevant History: This property was rezoned Property Owner: EAST BAY from Heavy Manufacturing (M2) to Planned INDUSTRIAL PARK LLC Industrial Commercial (PIC) in 2014, to allow for more professional office and light industrial Parcel ID#: 38:413:0006, 38:413:0007 uses. Acreage: 2.49 acres Neighborhood Issues: No neighborhood Number of Properties: 2 issues have been presented to staff. Current Zone: Planned Industrial Commercial (PIC) Summary of Key Issues: - CRC has approved the project plan for a 9-unit office/warehouse. - A plat application has been submitted and is close to final approval by staff. This plat will combine the current two properties into one new lot. ALTERNATIVE ACTIONS Staff Recommendation: 1. Continue to a future date to obtain Approve the requested project plan application additional information or to further with the following conditions: consider information presented. - The rear perimeter parking lot The next available meeting date is landscaping requirement is altered to September 11, 6:00 P.M. allow a 2’ landscaping strip. 2. Deny the requested Project Plan - That a final subdivision plat is approved Application. This action would not and recorded. be consistent with the recommendations of the Staff Report. The Planning Commission should state new findings. Planning Commission Staff Report Item 2 April 9, 2025 Page 2 OVERVIEW The applicant is requesting project plan approval for a 9-unit office/warehouse at 663 E Lakeview Parkway within the Planned Industrial Commercial (PIC) zone. Each unit will have a storefront, office space, a secondary entrance/exit, and overhead doors in the back. This property was rezoned to PIC in 2014 in an application from the city. The goal was to improve the appearance of the properties adjacent to this important arterial road, and enhance the surrounding area. The applicant’s proposal meets the requirements in the PIC zone and the landscaping code. Surrounding zones North: Planned Industrial Commercial (PIC) Protection Self Storage Provo South: Planned Industrial Commercial (PIC) and Public Facilities (PF) Boshard Electric and city-owned golf course East: Heavy Manufacturing (M2), city-owned land West: Planned Industrial Commercial (PIC), Sterling Square Offices FINDINGS OF FACT 1. The current zoning of the parcel is PIC, and office/warehouse is a permitted use in the PIC zone (14.29.020) 2. The proposed building will have 9 units, and will be 39,521 sq ft a. The building will be 33’3” ft tall from the top of the roof structure to grade. The maximum building height allowed in the PIC zone is 35 ft (14.29.100) 3. The proposed structure complies with yard requirements (14.29.080) 4. 99 parking stalls have been provided for this development, including 4 ADA stalls 5. A total of 2 short-term and 4 long-term bike parking spaces have been provided 6. There is approximately 18,355 sq ft of landscaping in this project, totaling about 15.5% of the project area. STAFF ANALYSIS Vehicle and Bike Parking Vehicle parking standards are based on the different uses in the building and their respective square footage. Please see a breakdown of the parking standards in the table below: Required Building 2 Office: 1 space per 250 sq ft of gross floor 10,484 sq ft/250= 42 required stalls area Warehouse: 1 space per 600 sq ft of gross 34,079 sq ft/600 = 57 required stalls floor area Amount required? 42+57= 99. 99 stalls are required. Planning Commission Staff Report Item 2 April 9, 2025 Page 3 In total, 99 parking stalls are required for this project, and the applicant has provided 99. Per Provo City’s Development Manual, 4 ADA parking stalls will also be provided. Provo City Code 14.37.065 addresses short-term and long-term bike parking requirements. Short-term bike parking serves trips less than 2 hours in length, while long-term bike parking is bike storage for stays longer than 2 hours. The applicant has provided a total of 2 short-term bike parking stalls and 4 long-term bike parking stalls, which meets requirements. Traffic Circulation There are currently two entrances/exits from the property, one on Lakeview Parkway and the other on Industrial Parkway. Semi-trucks or other large vehicles will enter on Lakeview and exit on Industrial. Smaller vehicles, such as cars, will be able to circulate through the entire site. Landscaping Standards Please see the table below for the landscaping requirements found in Chapter 15.20 Development Landscaping Requirements. Landscaping Standards Provided Compliant? No more than fifty percent (50%) The majority of the required yard Yes. of each front, rear and combined area is landscaping. side yards may be impervious. All areas to be landscaped with The irrigation plan shows an Yes. sod, shall have an automatic automatic irrigation system. irrigation system. Within all PIC zones, landscaping 2.49*15= 38 required trees. 51 have Yes. shall have a minimum of fifteen been provided. (15) trees per acre. Parking areas shall be 99*40= 3,960 sq ft of required Yes. landscaped at a rate of at least parking landscaping. 9716 sq ft forty (40) square feet of provided. landscaping per off-street parking stall. Deciduous trees shall be planted At least 72% of the paved parking Yes. within said parking area area will be shaded by trees at landscaping in a manner such maturity. that, at maturity of said trees, at least fifty percent (50%) of the paved surface area of the parking area will be shaded. One (1) shade tree shall be 99/4= 25 trees. 25 trees have been Yes. provided for every four (4) provided. parking spaces Planning Commission Staff Report Item 2 April 9, 2025 Page 4 Perimeter parking lot landscaped All islands and landscaped strips No. strips and islands must have a are at least 7 ft wide, except for in minimum width of seven (7) feet. the rear yard. Please see explanation below. 1 tree every 50 feet and 1 shrub 8 trees and 152 shrubs are provided Yes. every 3 feet is required in the in the front yard area. front yard (facing Lakeview Parkway). 1 tree every 50 feet and 1 shrub The rear yard does not meet this No. every 6 feet is required along the requirement. Please see rear and side yards. explanation below. In the parkway strip, trees shall 24 trees spaced 25 ft apart are Yes. be spaced not more than 25 ft provided in the parkway strip. apart. The rear yard of the project borders an existing 10’ landscaping strip on the outdoor self-storage facility property, which was constructed in 2018. This existing landscaping strip includes 25 trees every 20’ on center. Staff felt that adding an additional 7’ landscaping strip along the rear yard on the subject property would not be necessary to fulfill the intent of the perimeter parking landscaping code, which is to provide an adequate buffer for parking spaces. Rather than implementing the standard 7’ landscaping strip (which would require 11 trees and 87 shrubs), the landscaping plan features a 2’ strip containing 93 shrubs, complemented by the 25 existing trees on the neighboring property. Staff have added the following condition of approval to this application: - The rear perimeter parking lot landscaping requirement is altered to allow a 2’ landscaping strip. This condition of approval recognizes that while the design deviates from technical standards, it achieves the underlying objective through alternative means that are appropriate for this context. Building Design and Architectural Standards The building is proposed to be built with split face block, smooth face block, stucco, and wood siding. It is in compliance with the design standards for the area. Other site development standards All trash enclosures will meet Provo City standards, and the building does meet minimum setback requirements for the PIC zone. Provo City Engineering has reviewed the parking plan and determined that it will meet parking design requirements, as outlined in Title 14.37. Planning Commission Staff Report Item 2 April 9, 2025 Page 5 CONCLUSIONS Staff believes that this final project plan meets Provo City Code and will be a great addition in the area. This development represents a significant upgrade for the area through the elimination of the outdated existing structure and implementation of new construction that will elevate the entire corridor. The general plan calls for more commercial and light industrial space in the city, and this development will help to meet that goal. The careful attention landscape and site design will transform this location into a valuable community asset that enhances both the visual character and economic vitality of the surrounding area. STAFF RECOMMENDATION Approve the requested Project Plan Application with the following conditions: 1. The rear perimeter parking lot landscaping requirement is altered to allow a 2’ landscaping strip; and 2. That a final subdivision plat is approved and recorded. ATTACHMENTS 1. Area Map 2. Zoning map 3. Site Plan 4. Landscaping Plan 5. Building elevations 6. Floor plan 7. Subdivision Map Planning Commission Staff Report Item 2 April 9, 2025 Page 6 ATTACHMENT 1 – AREA MAP Planning Commission Staff Report Item 2 April 9, 2025 Page 7 ATTACHMENT 2 – ZONING MAP Planning Commission Staff Report Item 2 April 9, 2025 Page 8 ATTACHMENT 3 – CIVIL AND ARCHITECTURAL SITE PLANS Planning Commission Staff Report Item 2 April 9, 2025 Page 9 ATTACHMENT 4 – LANDSCAPING PLAN Planning Commission Staff Report Item 2 April 9, 2025 Page 10 ATTACHMENT 5 – BUILDING ELEVATIONS Front Elevation West Elevation East Elevation ATTACHMENT 6: FLOOR PLANS Rear Elevation Planning Commission Staff Report Item 2 April 9, 2025 Page 11 ATTACHMENT 6 – FLOOR PLAN 1st Floor 2nd Floor Planning Commission Staff Report Item 2 April 9, 2025 Page 12 ATTACHMENT 7 – SUBDIVISION PLAT Planning Commission Hearing Staff Report Hearing Date: April 9, 2025 *ITEM 3 Peggy Case requests a Zone Map Amendment from the R1.8 (One Family Residential) Zone to the CG (General Commercial) Zone, in order to provide an event space in an existing accessory building, located at 2087 W Center Street. Provo Bay Neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.org PLRZ20230258 Applicant: Peggy Case Current Legal Use: The property is recognized as a legal, one-family dwelling. Staff Coordinator: Aaron Ardmore Relevant History: The property received Property Owner: CASE, RICHARD & conditional approval for a variance in 2004 for PEGGY the accessory structure to be larger in footprint and height than the main dwelling. This is the Parcel ID#: 21:025:0202 building the applicant would like to use as an event space/reception center with the rezone Acreage: 1.15 request. The applicant first sought to apply the A1 (Agricultural) Zone with the Agritourism Number of Properties: 1 Overlay to permit this use, but it was found that the property did not meet the minimum standards for an A1 Zone. The request was changed to the CG Zone after the applicant received input from the City Council and Planning Staff during her amendment to the AT Overlay earlier this year. Neighborhood Issues: Staff have not been made aware of any neighborhood issues at the time of this report. Summary of Key Issues: ALTERNATIVE ACTIONS • 2023 request to go to A1(AT) Zone was 1. Continue to a future date to obtain pending change to minimum lot size. That additional information or to further OTA was approved but had Council direction consider information presented. The next to use a commercial zone instead. available meeting date is April 23rd, 2025, • The CG Zone would require a Conditional at 6:00 P.M. Use Permit for the proposed event space (SLU 6299). The existing house would 2. Recommend Denial of the requested become short-term rental. zone map amendment. This action would • The CG Zone meets the General Plan map not be consistent with the designation for the property (Mixed-Use). recommendations of the Staff Report. The Planning Commission should state new Staff Recommendation: Staff recommend findings. approval of the zone map amendment. Planning Commission Staff Report *Item 3 April 9, 2025 Page 2 OVERVIEW Peggy Case is requesting a zone map amendment from the R1.8 (One-Family Residential) Zone to the CG (General Commercial) Zone for her property at 2087 W Center Street, so that she may establish an event space in an existing accessory structure, which was approved through a 2004 Variance. Ms. Case has been working towards establishing this proposed use since 2023, when she had asked for the Agritourism Overlay Zone to be applied to this property. However, staff indicated that she would first need to reduce the minimum lot size for that overlay from five acres to one acre to move forward. At the March 11th Council meeting, where the text amendment was heard and approved, Council spoke about the plans for this property and discussed the possibility of a commercial zone being a better tool to move forward. Once Ms. Case spoke in more detail about her property with staff, it was agreed that the zone map amendment request would be changed to ask for the CG Zone. The CG Zone would meet the General Plan for Mixed-Use and allow for an event space to be approved by a Conditional Use Permit (SLU 6299) and also allow for the existing house to be used as a short-term rental; another goal for the applicant. The details of this plan would have to meet the standards of the CG Zone, and any conditions placed upon the use through the conditional use hearing that would follow if the zone map amendment was approved. There are a variety of zones and uses within a 500-foot buffer of the subject property. The most common zone within that buffer is the CG Zone, accounting for approximately 5.24 acres of the surrounding land to the north, northwest, northeast, and east (across 2050 West). Within these CG Zones are small businesses, a Family Dollar, a gas station and restaurant, and some vacant land. In addition to the CG Zone, there is approximately 4.5 acres of SC1 (Neighborhood Commercial) Zone to the northeast with a variety of uses and vacant land. The residential areas to the west, south, and east currently include about 22 single-family homes in the R1 Zone. There is also the Mixed- Use Zone to the east with a concept for 10,000 square feet of commercial space and sixty (60) residential units. STAFF ANALYSIS Staff believe that this request is the best way to get to the desired outcomes for the applicant and believe it will help the area be more congruent with the General Plan map. Further analysis is provided by answering the following standards from Provo City Code 14.02.020: (a) Public purpose for the amendment in question. Planning Commission Staff Report *Item 3 April 9, 2025 Page 3 Staff response: The applicant has stated that the request will promote economic development and tourism for the city, and that the purpose is to foster “community engagement” while respecting the character of the area. (b) Confirmation that the public purpose is best served by the amendment in question. Staff response: While staff may support a zone change to get to the desired outcomes of the applicant, there is some concern about the variety of uses and activities that could be established by-right under the CG Zone. These concerns should be a point of discussion for the Planning Commission and City Council, and efforts should be made to limit the property uses for the future. (c) Compatibility of the proposed amendment with General Plan policies, goals, and objectives. Staff response: Staff believe establishing a variety of zones through this corridor helps to meet the vision of the General Plan map. Additionally, staff feel that the request helps to meet Goal 1 of Chapter 3 to “strike a balanced approach in locating land uses that align transit, land use, economics, and open space”; and Goal 1 of Chapter 5 to “employ innovative approaches to promote local business and create community”. (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 provisions articulated for this property. (e) Potential of the proposed amendment to hinder or obstruct attainment of the General Plan’s articulated policies. Staff response: Approving this request without careful consideration of uses allowed in the CG Zone could result in obstructing attainment for goals related to protecting single-family neighborhoods and character. However, staff believe that these concerns could be addressed by limiting what uses could be permitted on the property, with agreements from the property owner/applicant. (f) Adverse impacts on adjacent land owners. Staff response: There are impacts associated with this request. The adjacent properties could experience increased traffic and parking demands, as well as an increase in noise complaints. (g) Verification of correctness in the original zoning or General Plan for the area in question. Staff response: Staff have verified the correctness of the General Plan and zoning 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. Planning Commission Staff Report *Item 3 April 9, 2025 Page 4 CONCLUSIONS Staff are comfortable with the proposal for the property at 2087 W Center and acknowledge that the use of the CG Zone and Conditional Use Permits is the best way to achieve the goals of the applicant. The Planning Commission and City Council should carefully consider limitations in applying the CG Zone to this property, and if done correctly, the proposal should be a benefit to the people of Provo. ATTACHMENTS 1. Area Map 2. Zone Map 3. General Plan Map 4. Concept Plans 5. Property Photos Planning Commission Staff Report *Item 3 April 9, 2025 Page 5 ATTACHMENT 1 – AREA MAP Planning Commission Staff Report *Item 3 April 9, 2025 Page 6 ATTACHMENT 2 – ZONE MAP Planning Commission Staff Report *Item 3 April 9, 2025 Page 7 ATTACHMENT 3 – GENERAL PLAN MAP Planning Commission Staff Report *Item 3 April 9, 2025 Page 8 ATTACHMENT 4 – CONCEPT PLANS Planning Commission Staff Report *Item 3 April 9, 2025 Page 9 Planning Commission Staff Report *Item 3 April 9, 2025 Page 10 ATTACHMENT 5 – PROPERTY PHOTOS Planning Commission Staff Report *Item 3 April 9, 2025 Page 11 Planning Commission Hearing Staff Report Hearing Date: April 9, 2025 ITEM 4 Peggy Case requests Concept Plan approval for an Event Center in a proposed CG (General Commercial) Zone, located at 2087 West Center Street. Provo Bay Neighborhood. Aaron Ardmore (801)852-6404 aardmore@provo.org PLCP20230265 Applicant: Peggy Case Current Legal Use: The property is recognized as a legal, one-family dwelling. Staff Coordinator: Aaron Ardmore Relevant History: The property received Property Owner: CASE, RICHARD & conditional approval for a variance in 2004 for PEGGY the accessory structure to be larger in footprint and height than the main dwelling. This is the Parcel ID#: 21:025:0202 building the applicant would like to use as an event space/reception center with the rezone Acreage: 1.15 request. The applicant first sought to apply the A1 (Agricultural) Zone with the Agritourism Number of Properties: 1 Overlay to permit this use, but it was found that the property did not meet the minimum standards for an A1 Zone. The request was changed to the CG Zone after the applicant received input from the City Council and Planning Staff during her amendment to the AT Overlay earlier this year. Neighborhood Issues: Staff have not been made aware of any neighborhood issues at the time of this report. Summary of Key Issues: ALTERNATIVE ACTIONS • The CG Zone would require a Conditional 1. Approve the proposed concept plan. This Use Permit for the proposed event space action would not be consistent with the (SLU 6299). The existing house would recommendations of the Staff Report. The become short-term rental. Planning Commission should state new • There is not sufficient information to make a findings. decision on the proposed concept plan. • Since a Conditional Use Permit would be 2. Deny the proposed concept plan. This required if the zone change is approved, action would not be consistent with the staff recommend continuing this concept recommendations of the Staff Report. The plan indefinitely and securing plans Planning Commission should state new through the Conditional Use Permit. findings. Staff Recommendation: Staff recommend continuing the proposed concept plan. Planning Commission Staff Report Item 4 April 9, 2025 Page 2 OVERVIEW Peggy Case is requesting approval of a concept plan for an event space related to a zone map amendment from the R1.8 (One-Family Residential) Zone to the CG (General Commercial) Zone for her property at 2087 W Center Street. Ms. Case has been working towards establishing this proposed use since 2023, when she had asked for the Agritourism Overlay Zone to be applied to this property. However, staff indicated that she would first need to reduce the minimum lot size for that overlay from five acres to one acre to move forward. At the March 11th Council meeting, where the text amendment was heard and approved, Council spoke about the plans for this property and discussed the possibility of a commercial zone being a better tool to move forward. Once Ms. Case spoke in more detail about her property with staff, it was agreed that the zone map amendment request would be changed to ask for the CG Zone. The CG Zone would meet the General Plan for Mixed-Use and allow for an event space to be approved by a Conditional Use Permit (SLU 6299) and also allow for the existing house to be used as a short-term rental; another goal for the applicant. The details of this plan would have to meet the standards of the CG Zone, and any conditions placed upon the use through the conditional use hearing that would follow if the zone map amendment was approved. STAFF ANALYSIS The applicant would not be building any new structures on the property through this proposal but would be legally establishing different uses in the existing buildings. Though staff are comfortable with the proposed uses described by the applicant, there are more details related to site improvements and parking that would need to be detailed. Since the proposal would require a conditional use permit, staff feel like that application and hearing would be the proper avenue for approval for this proposal. An approval (or denial) of this concept plan could be confusing and send the wrong message to the applicant and neighbors of the subject property. FINDINGS OF FACT 1. The current zone is R1.8 (Provo City Code 14.10). 2. The proposed zone is CG (Provo City Code 14.22). 3. The proposed uses are an event space (SLU 6299) and a short-term rental (Provo City Code 6.33). 4. An event space is a conditional use in the CG Zone (Provo City Code 14.22.020). CONCLUSIONS Staff do not have sufficient information regarding this request to be comfortable with Planning Commission Staff Report Item 4 April 9, 2025 Page 3 making a recommendation. Rather, since the approval of the related rezone would require the applicant to seek a conditional use permit, staff recommend using that future application to work through the details of the proposal and grant approval through that hearing, if the applicant can meet all the related standards and conditions of the zone. ATTACHMENTS 1. Area Map 2. Concept Plans Planning Commission Staff Report Item 4 April 9, 2025 Page 4 ATTACHMENT 1 – AREA MAP Planning Commission Staff Report Item 4 April 9, 2025 Page 5 ATTACHMENT 2 – CONCEPT PLANS Planning Commission Staff Report Item 4 April 9, 2025 Page 6 Planning Commission Hearing Staff Report Hearing Date: April 9, 2025 *ITEM 5 Jeff Rands requests a Zone Map Amendment from the R1.8 (One Family Residential) Zone to the LDR (Low Density Residential) Zone in order to create one new single-family residential lot, located at 1001 E Cedar Ave. Wasatch Neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.gov PLRZ20250114 Applicant: Jeffrey R. Rands Current Legal Use: There is a single-family home on the property (this would remain). Staff Coordinator: Aaron Ardmore Relevant History: The applicant spoke with Property Owner: RANDS, JEFFREY staff prior to application on the ability to subdivide this property to make better use of Parcel ID#: 20:075:0071 the deep lot. Staff made suggestions, and on March 13th this application was received along Acreage: 0.22 with a concept plan to create a new 4,000 square foot lot north of the current home. The Development Services Director has tentatively approved a rear-yard setback adjustment from the existing home down to 15 feet to make the potential subdivision work. Neighborhood Issues: This item is scheduled for the April 30th District 2 meeting. No comments have been received at the time of this report. Summary of Key Issues: • The LDR Zone allows for a 4,000 sq. ft. detached single-family lot. ALTERNATIVE ACTIONS • The home at 1001 Cedar Ave would remain 1. Continue to a future date to obtain unchanged. additional information or to further • The new lot would front on and access from consider information presented. The next Cedar Circle. available meeting date is April 23rd, 2025 • Final Subdivision and Building Permit at 6:00 P.M. applications would follow if the zone change is approved. 2. Recommend Denial of the requested zone map amendment. This action would not be consistent with the Staff Recommendation: Staff recommend recommendations of the Staff Report. The approval of this zone map amendment request. Planning Commission should state new findings. Planning Commission Staff Report *Item 5 April 9, 2025 Page 2 OVERVIEW Jeffrey Rands is requesting a zone map amendment from the R1.8 Zone to the LDR Zone so he can create a new single-family building lot at the corner of Cedar Avenue and Cedar Circle. The proposal is to divide a four thousand (4,000) square foot lot behind the existing home at 1001 E Cedar Ave, where a new home could be built. The new home would face Cedar Circle and have direct street access to that street. One home is all that could be built on the proposed lot because the lot size minimums for a duplex or townhomes (which are allowed in the LDR Zone) are 8,000 square feet and 10,000 square feet, respectively. The surrounding properties are zoned R1.8 and are all single-family homes, some with Accessory Dwelling Units. There are a variety of lot sizes within a 500-foot buffer from the subject property, varying between 6,000 and 18,000 square feet. The General Plan for this area is Residential. STAFF ANALYSIS Planning staff are happy to promote infill development to get additional single-family homes in the city, where possible. This case appears to be a good opportunity to get new housing in an established neighborhood. To analyze the rezone request against the General Plan, staff have responded to the criteria from Provo City Code 14.02.020 below: (a) Public purpose for the amendment in question. Staff Response: The applicant states that “The reason would be do add another single-family dwelling to the Tree Street neighborhood, which is built out almost completely. Would promote the creation of additional housing for the area and remain consistent with the neighborhood architectural designs while also slightly reducing on-street parking that has created some problems when BYU students illegally park on Cedar Circle”. (b) Confirmation that the public purpose is best served by the amendment in question. Staff Response: Staff agree with the above assessment from the applicant and recognize the efforts to make the proposal something that can fit with the character of the neighborhood. (c) Compatibility of the proposed amendment with General Plan policies, goals, and objectives. Planning Commission Staff Report *Item 5 April 9, 2025 Page 3 Staff Response: Staff have found this request to comply with Chapter 3, Goal 1c to “promote neighborhood scale development in residential areas…” and Chapter 4, Goal 1a to “encourage opportunities for small scale, infill housing development”. (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: No such provisions 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 have not found any way this proposal could hinder or obstruct the attainment of General Plan policies. (f) Adverse impacts on adjacent landowners. Staff Response: Staff do not anticipate any adverse impacts on adjacent landowners with a new single-family home. (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 designations are correct. (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: No conflict exists. The General Plan provides additional criteria for evaluating rezones for housing (Ch. 4, page 45), as follows: (responses in bold) • Would the rezone promote one of the top 3 housing strategies? Yes. o Promote a mix of home types, sizes, and price points. The plan itself will provide a single-family lot that is smaller and would bring a lower price point than some of the surroundings. o Support zoning to promote ADUs and infill development. ADUs are permitted by-right for the proposed zone and product, but would be subject to meeting the standards of Provo City Code 14.30. o Recognize the value of single-family neighborhoods. The development blends well into the single-family neighborhood. Planning Commission Staff Report *Item 5 April 9, 2025 Page 4 • Are utilities and streets currently within 300 feet of the property proposed for rezone? Yes, in Cedar Circle. • Would the rezone exclude land that is currently being used for agricultural use? Yes, no agricultural use is on this land. • Does the rezone facilitate housing that has reasonable proximity (1/2 mile) to public transit stops or stations? Yes, the nearest stop (UVX South Campus Station) is approximately half a mile away. • Would the rezone encourage development of environmentally or geologically sensitive, or fire or flood prone, lands? If so, has the applicant demonstrated these issues can reasonably be mitigated? No, there are no hazards on the subject property. • Would the proposed rezone facilitate the increase of on-street parking within 500 feet of the subject property? If so, is the applicant willing to guarantee use of a TDM in relation to the property to reduce the need for on-street parking? No, the home would be required to have off-street parking sufficient to meet Provo City Code 14.37 (3 spaces). • Would the rezone facilitate a housing development where a majority of the housing units are owner-occupied? Is the applicant willing to guarantee such? The developer has not indicated a direction on this, and staff would not consider that restriction on a single-family home. • Would the proposed rezone facilitate a housing development where at least 10% of the housing units are attainable to those making between 50-79% AMI? Is the applicant willing to guarantee such? The developer has not indicated a plan for this at the time of this report. CONCLUSIONS Staff are comfortable with this rezone request resulting in a new single-family home in an established neighborhood. With a small administrative adjustment to the rear yard setback standard on the existing home, this land can develop to its best possible use. ATTACHMENTS 1. Area Map 2. Zone Map 3. General Plan Map 4. Concept Plan 5. Property Photo Planning Commission Staff Report *Item 5 April 9, 2025 Page 5 ATTACHMENT 1 – AREA MAP Planning Commission Staff Report *Item 5 April 9, 2025 Page 6 ATTACHMENT 2 – ZONE MAP Planning Commission Staff Report *Item 5 April 9, 2025 Page 7 ATTACHMENT 3 – GENERAL PLAN MAP Planning Commission Staff Report *Item 5 April 9, 2025 Page 8 ATTACHMENT 4 – CONCEPT PLAN Planning Commission Staff Report *Item 5 April 9, 2025 Page 9 ATTACHMENT 5 – PROPERTY PHOTOS From south From west Planning Commission Hearing Staff Report Hearing Date: April 9, 2025 ITEM 6 Jeff Rands requests Concept Plan approval of a two-lot residential subdivision to create one additional single-family home in a proposed LDR (Low Density Residential) Zone, located at 1001 E Cedar Ave. Wasatch Neighborhood. Aaron Ardmore (801) 852-6404 aardmore@provo.gov PLCP20250116 Applicant: Jeffrey R. Rands Current Legal Use: There is a single-family home on the property (this would remain). Staff Coordinator: Aaron Ardmore Relevant History: The applicant spoke with Property Owner: RANDS, JEFFREY staff prior to application on the ability to subdivide this property to make better use of Parcel ID#: 20:075:0071 the deep lot. Staff made suggestions, and on March 13th this application was received along Acreage: 0.22 with a rezone request to create a new 4,000 square foot lot north of the current home. The Development Services Director has tentatively approved a rear-yard setback adjustment from the existing home down to 15 feet to make the potential subdivision work. Neighborhood Issues: This item is scheduled for the April 30th District 2 meeting. No comments have been received at the time of this report. Summary of Key Issues: • The LDR Zone allows for a 4,000 sq. ft. detached single-family lot. ALTERNATIVE ACTIONS • The home at 1001 Cedar Ave would remain 1. Continue to a future date to obtain unchanged. additional information or to further • The new lot would front on and access from consider information presented. The Cedar Circle. next available meeting date is April 23rd, • Final Subdivision and Building Permit 2025 at 6:00 P.M. applications would follow if the zone change is approved. 2. Deny the proposed concept plan. This action would not be consistent with the recommendations of the Staff Report. Staff Recommendation: Staff recommend The Planning Commission should state approval of proposed concept plan. new findings. Planning Commission Staff Report Item 6 April 9, 2025 Page 2 OVERVIEW Jeffrey Rands is requesting approval of a concept plan related to a zone map amendment request to change the zone from the R1.8 Zone to the LDR Zone at the corner of Cedar Avenue and Cedar Circle. The proposal is to divide a four thousand (4,000) square foot lot behind the existing home at 1001 E Cedar Ave, where a new home could be built. The new home would face Cedar Circle and have direct street access to that street. One home is all that could be built on the proposed lot because the lot size minimums for a duplex or townhomes (which are allowed in the LDR Zone) are 8,000 square feet and 10,000 square feet, respectively. The surrounding properties are zoned R1.8 and are all single-family homes, some with Accessory Dwelling Units. There are a variety of lot sizes within a 500-foot buffer from the subject property, varying between 6,000 and 18,000 square feet. The General Plan for this area is Residential. FINDINGS OF FACT 1. The current zone is R1.8 (Provo City Code 14.10). 2. The proposed zone is LDR (Provo City Code 14.14A). 3. The General Plan designation is Residential. 4. The concept is for one, 4,000 square foot single-family lot. 5. The LDR zone allows for 4,000 square feet single-family lots (Section 14.14A.030). CONCLUSIONS Staff have reviewed the conceptual lot layout and found it to meet the LDR standards for single-family homes, with a five-foot rear yard setback reduction to be approved by the Development Services Director, per Provo City Code 14.14A.050(7). If the zone change is approved by the City Council, staff would anticipate a quick Final Subdivision application followed by a building permit for the new lot. This request should be received positively as it meets the General Plan goals for additional housing, and infill development. ATTACHMENTS 1. Area Map 2. Concept Plan Planning Commission Staff Report Item 6 April 9, 2025 Page 3 ATTACHMENT 1 – AREA MAP Planning Commission Staff Report Item 6 April 9, 2025 Page 4 ATTACHMENT 2 – CONCEPT PLAN

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