Delays for Walmart and Tuscanel, OKs for Everything Else

Hey Provo! 👋The City Council met for 8.5 hours on Tuesday 8/11 (half in the Work Meeting, half in the Regular Meeting). I watched it all for you!

VESPER AMPHITHEATER: I’ll have a separate post on what we learned from the Council’s 1.5 hours with the Vesper team during their Work Meeting on Tuesday. They didn’t take any votes, just asked a lot of questions. We know for certain the Council won’t vote on it until at least September (and maybe later).

This is another long one, so here’s what we’re covering today (in case you want to jump ahead)!

🛑Incentives for New Super Walmart Delayed

🛑12 “Tuscanel” Townhomes Not Ready Yet

🫤“Springville Rising” Gets a Mixed “Yes”

✅Council Reclaims Sole Power to Grant Parking Exceptions

✅$13,500 Incentive Payment to Day’s Market

✅New Executive Director for Provo City Council

✅Parks and Sidewalks ADA Improvement Plan

✅Lakeview Fields Rezone Approved

✅BYU Gets Urban Deer Control Plan

✅New Residency Requirement for Boards and Commissions

🛑INCENTIVES FOR NEW SUPER WALMART DELAYED

The documents for the $4 million sales tax rebate incentive weren’t ready for a vote last night, so this one has been “continued” - maybe to the next Council meeting? TBD. This is the proposed Walmart and fuel center on Lakeview Parkway just west of I-15. Is that South Provo? West Provo? Southwest Provo? People feel pretty strongly about how I describe this Walmart, so let’s just agree that when I talk about the New Walmart it’s this one?

🛑12 “TUSCANEL” TOWNHOMES IN JOAQUIN NOT READY YET

The City Council heard about an hour’s worth of comment from the public (both for and against) before deciding to postpone a decision. Briefly, the owners of two parcels at 313 E. 200 N. want to tear down the pioneer homes there and build 12 townhomes (3-stories) with garages. Councilors Whipple, Whitlock and MacKay all said they were “torn” on this project because it would create more homeownership opportunities and the developer is promising to add a restriction to the townhome deeds requiring them to be owner-occupied “in perpetuity.” But that’s tricky for the city to actually enforce. The biggest sticking point is that the Joaquin Neighborhood Plan (forged over years of negotiation between neighbors and the City) draws a line down 500 N. and is clear about keeping the higher-density development north of that line while preserving the historic, single-family character to the south.

The Council ultimately voted unanimously (7-0) to postpone a decision on rezoning the land to give the owner/developer a chance to get more neighborhood support and possibly come up with a design that looks “more Provo and less Italian.” When/whether this comes back to Council for a vote will depend on the developer making that request.

🗣️KEY QUOTES:

“These homes are intended for households looking to establish roots and invest in the neighborhood,” Tuscanel developer/property owner Taryn Melissa Elkins.

“There was a democratic process to make this (Joaquin Neighborhood) plan. That creates a social contract and I don’t think you just throw that away. I don’t think it’s okay to spot zone for higher-density in any neighborhood. This could very easily be turned into four very nice homes (without changing the zoning) instead of 12. I understand the developer’s motivation to optimize. But to bring this into a neighborhood where we have agreements in place - imperfect as they are - I can’t support that,” said Councilor Craig Christensen (District 1).

“Right now our neighborhood program and City Council, frankly, are structured to protect a small property-owning minority instead of the people who actually live in our community (who are largely renters). I have to recognize that most of my constituency - and this is my district - are renters. They have no stability. No way of building wealth by having equity in a home. I’m supportive of this (Tuscanel Townhomes) even though many of my good friends are speaking against this project. I understand their concerns but I recognize that there are different competing concerns and I think this project serves that higher need (to provide more home ownership opportunities). And with making these homeowner-occupied in perpetuity, this is a way to stabilize the neighborhood,” said Councilor Rachel Whipple (District 5).

🫤“SPRINGVILLE RISING” GETS A MIXED “YES”

If 60 percent of this new development (including ALL the housing) is on the Provo side, shouldn’t it be called something else? Like Proville? Or Springvo? Those were joking suggestions during the debate, but they point to the most serious concern the City Council has about this development: Is Springville getting a better deal that Provo in the tax-sharing agreement?

The City Council unanimously approved the rezoning and overall concept for the 31-acre development Clyde Companies is proposing to straddle the boundary between Provo and Springville. It calls for 257 townhomes and condos on the Provo side that will all be for sale and most will be permanently restricted to owner-occupancy (no rentals). The Springville side will be all retail and office space, which is more lucrative tax-wise. BUT, the City Council sent back the tax-sharing deal. They want it to last for 30-50 years instead of just 15 years. They also want it to account for more of the maintenance expenses that Provo will face by adding hundreds of new families to the city’s roads, parks and utility infrastructure.

Now the ball is in Springville’s court to decide if they will accept Provo’s amendments. (We’re kind of in that stage of a home-buying deal where offers and counter-offers go back and forth. Stay tuned.)

🗣️KEY QUOTES:

“I love this and want to make it happen… But I personally think this is a better deal for Springville right now,” said Councilor Jeff Whitlock (District 2).

“I also am encouraged by this project. It has great I-15 access from 1400 North, which is an underutilized freeway exit. To see life in this part of our city will be great,” said Council Gary Garrett (Citywide 2).

✅COUNCIL RECLAIMS SOLE POWER TO GRANT PARKING EXCEPTIONS

From now on, any developer who wants to provide fewer parking spaces than Provo’s code requires for a new project will have to get permission from the City Council, rather than the Planning Commission or City Planning Staff. Passed with a vote of 6-1 (Councilor Whipple voted “no” because she thinks this will make it even harder for developers to create new housing in Provo.)

🗣️KEY QUOTE:

“I personally am interested in this change because I think it’ll help us as a Council grapple with this challenge (of parking) more. If this ends up becoming something where maybe we never see these proposals I think that would be unfortunate. I hope we do and we try to get better data about this. What percentage of students own cars? What percentage do but would not if they could get around without one?” said Councilor Jeff Whitlock (District 2).

✅$13,500 INCENTIVE PAYMENT TO DAY’S MARKET

When Day’s Market remodeled in 2019, Provo City agreed to refund a portion of the increased sales taxes the store collected to help pay for the renovations. The deal goes until 2029 or the total payout reaches $100k. Provo Economic Development Director Cody Hill says Day’s is on track to hit that ceiling next year (which would be a few years early) because sales tax collections at the East-side neighborhood grocer are up 111% (adjusted for inflation) since the renovation in 2019.

Council approved the latest payment installation unanimously (and enthusiastically on the part of Citywide Councilmember Katrice MacKay who lives near Day’s and shops there regularly).

🗣️KEY QUOTE:

“I love to see a small neighborhood grocer be so successful and I hope we can get more of them in Provo,” said Councilor Jeff Whitlock (District 2).

✅NEW EXECUTIVE DIRECTOR FOR PROVO CITY COUNCIL

Ezra Nair has been hired to run the City Council’s office. He was previously City Manager of Vineyard and a Utah County Administrator. Justin Harrison held the position for four years until leaving recently to move to Clark County, Nevada (where he grew up and worked before coming to Provo).

✅PARKS AND SIDEWALKS ADA IMPROVEMENT PLAN

The Council unanimously adopted a transition plan by the Public Works Department to bring all of the city’s parks and sidewalks into compliance with the Americans With Disabilities Act. But the actual fixes will happen over time as funding becomes available. City Attorney Brian Jones said having a plan like this is a federal requirement, so the City needed to get it in place. But it doesn’t tie the City to a specific timeline or funding obligations. And it can be revised as-needed.

✅LAKEVIEW FIELDS REZONE APPROVED

Jay Henrie initially tried to build twin homes on this property at 1804 North Geneva Road he bought six years ago with the intent to develop it. The City Council rejected that, so he came back with this plan for single-family homes that aligns with the City’s General Plan, but requires smaller lots than the current residential zoning allows. The City Council unanimously approved the rezone. Henrie plans to build 33 homes on lots just shy of a fifth of an acre. That matches the zoning of subdivisions going in to the north of Henrie’s land.

✅BYU GETS URBAN DEER CONTROL PLAN

There was little council debate - and zero public comment - about this item at the meeting. Essentially BYU asked the City of Provo to make an application to the Utah Department of Wildlife Resources for an Urban Deer Control Plan on its campus. The City is the applicant. BYU takes on all the legal liability and will follow the strict guidelines established by the DWR. The deer with be trapped and euthanized during the month of August only (for the next several years) and the carcasses donated to private citizens. BYU Director of Buildings and Grounds Greg Hooke says there are about 60 deer living permanently on campus and they’re becoming unhealthy because of inbreeding. They also harm landscaping and cause safety problems. “We’re just looking to thin out the heard,” said Hooke. Councilor Whitlock asked if relocating the deer was an option and Hooke said DWR doesn’t allow relocation because of the risk that urban deer spread disease (like chronic wasting disease) to wild deer.

✅NEW RESIDENCY REQUIREMENT FOR BOARDS AND COMMISSIONS

Currently many of Provo’s citizen committees (ie. Parks and Rec, Landmarks, Energy Board) do not require members to actually be Provo residents. The Council unanimously passed a rule changing that.

📣 GOT THOUGHTS? Email council@provo.gov to reach the entire City Council. They take your concerns seriously. I’ve seen it happen.

HOW I WROTE THIS: I watched the YouTube video of the Work Meeting and attended the Regular Meeting in-person. I took lots of notes - I type very fast! I went back through my notes and summarized the key points from each debate - I try to be concise, but also add some helpful context. I reference the materials in the Agenda Packet to verify details and check the YouTube recording when I need to verify a quote.

⭐ I do not use AI to summarize the meetings or write these posts.

If you want to know more about WHY I’m doing this, check out my new “About” Page.