More info on the bill to amend the accessory apartment application
procedures for a neighborhood.
This is from councilwoman Midge Johnson -- thanks Midge! :)
----- Forwarded message from [EMAIL PROTECTED] -----
Date: Tue, 17 Jul 2007 09:26:05 -0600
From: Midge Johnson <[EMAIL PROTECTED]>
Hi Roger,
Let me give you a little information about the S-Overlay Zone proposal that
is coming before us tonight.
The current requirement under 14:30l060 Petition for Zone Adoption reads:
(1) Property owners may request application of the Supplementary
Resident (S) Overlay Zone to any land meeting a minimum area and boundary
requirements by a petition in conformance with the provisions of Section
14.02.020, Provo City Code signed by not less than seventy (70) percent of
the property owners within the area requested for said zoning amendment.
Said petition shall indicate that all signers are proponents of the
amendment being proposed.
(2) For purposes of this Section:
a. There shall be one (1) petition signature for each legally created
lot, provided however, that no more than fifty (50) percent of the
signatures on any petition shall come from any one (1) petitioner;
b. In the event a fee title owner and a contract purchaser shall
disagree on the signing of a petition for purposes of this Chapter, a
contract purchaser not in default shall have the right to sign a petition;
and
c. Only an owner or contract purchaser, acting personally or through a
written power of attorney, may sign a petition.
*** These requirements were probably implemented above and beyond normal zone
map amendment petition requirements in order to satisfy the Planning
Commission and Municipal Council that a super-majority of owners desired the
overlay zone. Petition applications to the City can be initiated by any
property within the district and several unintended consequences of this
requirement have resulted, including:
1. Some owners who otherwise may object to signing a
petition feel obligated to sign it when present to them by neighbors, friend
or others in their religious affiliations.
2. Some owners have not received adequate information to
understand the full significance of such petition.
3. Many who sign the petition later request that their
name is removed for various reasons.
4. Many people erroneously thought that if 70% of the
property owners signed the petition then the Municipal Council would be
obligated to grant the petition.
*** The proposed amendment would take out the specific requirements. The
intended result is that A-overlay petitions would be treated like any other
zone map petition and would be required to meet the provision of Section
14.02.20- Amendments Procedure
In many ways it would make the process easier to request a zone without the
onus of pitting neighbor against neighbor but allows them to show up at a
public hearing on their own free will. We've had terrible battles in
neighborhood that have resulted in deep feeling and have produced an
unhealthy neighborhood environment. The provisions still exist for someone
or some group to present a proposal and get support. It just doesn't
require the signatures and the unpleasant task of lobbying neighbors.
I hope this helps if you have more questions call me.
Midge Johnson
[377-2444 or council office @ 852-6120]
_____
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
On Behalf Of Roger L. Brown
Sent: Monday, July 16, 2007 5:57 PM
To: Midge Johnson
Subject: [ProvoCitizens] City Council Meeting Tuesday @ 7:00pm!
Hi everybody,
Below is the agenda for tomorrow night's city council meeting @ 7:00pm @ 351
W. Center.
There are several very important items that will have city-wide effect.
Read below for the details.
Some of the neighborhoods affected are South Provost, Rock Canyon, and
Pleasant View. The I-15 item might interest you also.
NOTE: In my opinion, the most important item tomorrow night is the last item
-- from what i understand they're trying to remove the requirement of
petitioning the city council to allow accessory apartments.
This arose from the controversy in January when the council denied the
neighborhood even though 73% of the property owners asked for it:
http://newsnet.byu.edu/story.cfm/62623
This is a grave danger in my opinion -- if the citizens don't have the
requirement to circulate a petition to ask for accessory apartments then
what's to prevent the council from smacking down 1 person that pays the fee
and asks for it.
If they don't listen to 84 property owners (73% of the neighborhood) in
January, then why the heck would they listen to a solo person asking for a
rezone?!
Does that make sense to you? If not, then please come and speak out or else
call your city council members quickly sometime before 6:00pm Tuesday at:
http://provo.org/council
Of course the council of 7 controlling whether or not anyone can have an
accessory apartment is very questionable. By artificially limiting who can
have a basement apartment, they make housing less affordable -- families of
all types suffer -- both parents, single parents, widows, and singles.
Look for a constitutional challenge on that one soon enough. See
planning.org for details.
Anyway, read below for the meeting agenda. Thanks!
Roger
P.S. Hope you can come to the Q&A at the beginning -- it's usually
enlightening. :)
----------------Tuesday, July 17th @ 7:00pm-----------------
Minutes: Approval of the minutes from the June 19 and July 3, 2007 Council
Meeting.
Questions for the Mayor and Council: (Limited to 15 minutes)
Presentations, Proclamations and Awards
Redevelopment Agency Agenda
A. A resolution authorizing the sale of approximately ten acres of real
property located generally at
2901 south mountain vista parkway, Provo, Utah, subject to certain
conditions, ratifying
execution of a real estate purchase agreement, and authorizing the Chief
Executive Officer to
execute all documents related to the transaction.
Provo Municipal Council Meeting Agenda
B. A resolution supporting the widening of Geneva Road and creation of a new
North-South
Corridor from Geneva Road to the Provo Airport and to the University
Avenue/I-15
Interchange.
C. A resolution supporting the widening of I-15, a Frontage Road System, and
a Single Point Urban
Interchange at Provo's Center Street and I-15.
D. A resolution amending the Provo City Consolidated Fee Schedule to reflect
an increase in water
user fees.
E. A public hearing to consider an ordinance amending Chapter 2.05 (Campaign
Finance
Disclosure) of the Provo City Code to add relevant Utah Code provisions and
to require that
political communication expenditures be included in campaign financing
disclosure statements.
F. A public hearing to consider an ordinance amending Sections 6.02.010
(Definitions) and
6.26.090 (Determination of legal status), and enacting 6.26.140 (Compliance
Reports) of the
Provo City Code to clarify rules regarding the legal status of a rental
dwelling and to require
compliance reports.
G. Land use
1. A public hearing to consider an ordinance amending Section 14.34.220
(Caretaker
Dwellings as an Accessory Use) of the Provo City Code to increase the
allowable floor
area of accessory caretaker dwellings in commercial zones. City wide impact
06-0026
OA.
2. A public hearing to consider a resolution amending Provo City General
Plan land use
policies for the Provost South Neighborhood to subject property located east
of State
Street (Hwy 89) generally between 1400 South and 2200 South to the Slate
Canyon
Specific Development Plan. 07-0006 GPA.
3. A public hearing to consider an ordinance amending Section 14.34.420
(Low Power
Radio Communication Towers and Antennas) of the Provo City Code to allow low
power radio communication towers and antennas as a conditional use in
residential zones
subject to certain restrictions. City wide impact. 06-0012 OA.
4. A public hearing to consider an ordinance amending Section 15.17.040
(Amendment of
Plan) of the Provo City Code to change the application and hearing dates for
General
Plan Amendments. City wide impact 07-0008 OA.
5. A public hearing to consider an ordinance repealing Section 14.30.060
(Petition for Zone
Adoption) of the Provo City Code. City wide impact 07-0007 OA.
+++
--
Make zoning in Provo fair!
Ask me how we can make the city not discriminate on marital and family
status.
http://ProvoCitizens.net
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