Provo City Zoning Code
14.50 PRO
Project Redevelopment Option
14.50.010 Purpose and Intent.
(1) This Chapter creates a regulatory framework to govern the enactment of regulations to further the intent of the Provo City General Plan, particularly, but not exclusively, in older, densely developed areas of the City known as the “Pioneer Neighborhoods.” The Dixon, Franklin, Joaquin, Maeser, and Timp Neighborhoods are hereby defined as the Pioneer Neighborhoods.
(2) The purpose of the Project Redevelopment Option (“PRO”) zone is to create a regulatory tool that permits initiative and flexibility in creating well-planned, architecturally-designed development that meets the needs of the community. More particularly, the intent of the Municipal Council in enacting this Chapter is to:
(a) encourage creative and efficient utilization of land;
(b) encourage assemblage of property to create harmonious and efficient development patterns and projects;
(c) provide land use and design standards tailored to specific geographic areas so that new development outcomes are more predictable and compatible with surrounding land uses;
(d) coordinate property development and design, including large-scale facilities, with development, both existing and as envisioned by the Provo City General Plan, on adjoining and nearby property;
(e) minimize the effect of additional traffic;
(f) improve parking and air quality;
(g) encourage new development that fosters a sense of community;
(h) better manage the location, timing, and sequencing of new development; and
(i) provide an opportunity to involve the public.
14.50.020 Zone Establishment.
(1) The provisions of this Chapter shall apply to every PRO zone created under the authority of this Chapter.
(2) In order to establish a PRO zone, an applicant shall submit a petition (application) as provided in Section 14.50.040, Provo City Code. The application shall then be considered for approval as provided in this Title and as further provided by Section 14.50.050, Provo City Code.
14.50.030 Optional Schematic Development Plan.
(1) An applicant may, prior to submitting a proposed PRO application as required by Section 14.50.040, Provo City Code, submit an application showing a proposed schematic development plan for the subject property. A schematic development plan shall be considered by the Planning Commission and Municipal Council as provided in this Section.
(2) A schematic development plan application shall include the following:
(a) A review fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council.
(i) Fifty percent (50%) of the schematic development plan application fee may be applied to the application fee for a PRO zone if the Municipal Council recommends that an applicant submit the application as provided in Subsection (3) of this Section.
(b) A public hearing notice fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council.
(c) A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for the proposed development.
(d) A schematic development plan which shows how a property could be developed under proposed PRO zone regulations. A schematic development plan shall be drawn to scale and must show a realistic layout reflecting how the property reasonably could be developed considering the development standards of a proposed PRO zone, and existing and envisioned conditions on the subject property and adjoining property. A schematic development plan should show at least the following; whatever is shown shall be construed as the intent of the plan:
(i) location of proposed uses, including dwelling unit density and occupancy;
(ii) height, location, bulk and preliminary elevations of buildings;
(iii) location, arrangement and configuration of open space, landscaping, and building setbacks;
(iv) location, access points, and design of off-street parking areas;
(v) number, size and location of signs;
(vi) street layout, and traffic and pedestrian circulation patterns, including proposed access to the property; and
(vii) relationship of the property to adjoining and nearby properties and uses.
(e) A schematic development plan is not intended to permit actual development of property pursuant to such a plan but shall be prepared merely to represent how the property could be developed. Submittal and review of an application for a schematic development plan shall not create any vested rights to development.
(3) Pursuant to the notice and hearing requirements of Sections 14.02.010 and 14.02.015, Provo City Code, the schematic development plan shall be first submitted to the Planning Commission for a recommendation and thereafter to the Municipal Council for consideration. After a public hearing, the Council may vote to recommend that an applicant:
(a) submit an application for a PRO zone that would allow development:
(i) as shown on the schematic development plan; or
(ii) as amended to address issues identified by the Municipal Council to accomplish the goals and objectives of the Provo City General Plan; or
(b) not submit a PRO zone application.
14.50.040 PRO Zone Application Requirements.
The following materials shall be included with every application for establishment of a PRO zone:
(1) Proposed zone name and location.
(2) A statement showing how the proposed PRO zone relates to the Provo City General Plan and furthers the intent of the General Plan.
(3) A statement detailing efforts by the applicant to assemble property to achieve logical boundaries for the proposed development.
(4) Proposed zone text, including:
(a) permitted, conditional, and accessory uses (specifically listed and defined);
(b) proposed development standards, including:
(i) land use standards establishing land use types, occupancy, location, density, buffering and any other element envisioned by applicable sections of the General Plan;
(ii) lot standards establishing requirements for minimum lot area, depth, coverage, and dimensions;
(iii) building setback standards for front, side and rear yards;
(iv) design standards addressing building height, building orientation, common and private open space, natural resource protection, architectural design, and any other provisions proposed to be included in the PRO zone;
(v) landscaping and buffering standards;
(vi) parking;
(vii) a statement that the PRO zone will conform to all applicable chapters of this Title and Title 15, Provo City Code, except as may be specifically amended by the adopted PRO zone text; and
(viii) evidence of justification for requested changes to such standards. Deviations from parking and street standards set forth in this Title and Title 15, Provo City Code, are intended to be rare and shall be approved by five (5) members of the Municipal Council.
(5) A preliminary project plan as provided in Section 15.03.300, Provo City Code, and including the following additional information:
(a) relationship of the property to surrounding properties and uses; and
(b) number, size and location of all proposed signs.
(6) The fees shown on the Consolidated Fee Schedule adopted by the Municipal Council.
(7) A public hearing notice fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council.
14.50.050 Review of PRO Zone Application - Approval.
(1) When considering an application for a proposed PRO zone, the Planning Commission may recommend, and the Municipal Council may adopt, modifications to PRO regulations and standards proposed by an applicant which, in the opinion of the approving authority, are needed to meet the intent and requirements of this Chapter.
(2) A proposed PRO zone application and associated preliminary project plan, shall be approved only if, in the opinion of the approving authority, development proposed on the property will:
(a) further applicable provisions of the Provo City General Plan and any applicable master plan, particularly provisions which establish density limitations;
(b) conform to applicable chapters of this Title and Title 15, Provo City Code, except as may be specifically amended by the adopted PRO zone text;
(c) preserve and enhance the subject property and neighborhood by achieving integrated planning and design;
(d) be compatible with development on adjoining and nearby property, both existing and as envisioned by the Provo City General Plan; and
(e) minimize the effect of traffic congestion and improve parking and air quality, including providing opportunities for alternative modes of transportation such as walking, bicycling, or transit.
(3) When deemed necessary or desirable by the City, application and approval of a PRO zone and/or any development within a PRO zone may require the submission and approval of a development agreement.
14.50.060 Zone Designation.
(1) Upon approval each adopted PRO zone shall be independent of any other PRO zone.
(2) A text amendment to this Title which establishes regulations for a particular PRO zone shall be adopted as a separate chapter of this Title and shall be identified sequentially, such as 14.50(1), 14.50(2), etc. Each such chapter shall have a unique name combined with the designation “PRO” followed by a code categorizing the PRO by project type as (B) Business, (A) Apartment or other multi-family, or (R) Residential - One-family, then followed by a sequential number without regard to project category, corresponding to the chapter number for the zone, the first of which shall be "1", as illustrated by the following hypothetical names:
(a) “Chapter 14.50(1). Partridge Run Village (PRO-R-1) Project Redevelopment Option Zone.”
(b) “Chapter 14.50(2). Sun Terrace Apartments (PRO-A-2) Project Redevelopment Option Zone.”
(Enacted 2002-42, Am 2021-33)
14.50.070 Permits Required.
After approval of a PRO zone and an associated preliminary project plan, and prior to the issuance of any building permits, a final project plan shall be submitted as required by this Title and Title 15, Provo City Code. Applications for subdivision approval and any other needed permits shall be submitted as needed to implement an approved preliminary project plan.
14.50.080 Project Plan Variations and Amendments.
After a PRO zone is adopted and a preliminary project plan for the subject property has been approved, no material variations shall be made to the preliminary project plan and the development standards adopted in the applicable PRO zone unless the zoning text or map, as the case may be, is amended by the Municipal Council to permit such variation. Such amendments to an approved preliminary project plan shall be obtained only by following the procedures required for first approval set forth in this Chapter.
14.50.090 Reversion of Zoning.
Substantial action shall be taken to obtain needed additional approvals and begin construction authorized by such approvals within one (1) year after the approval of a PRO zone. If a final project plan has not been approved within one (1) year after a PRO zone has been applied to a specific property, action shall be initiated to rezone the property to the zone previously existing on the property or such other zone as may be deemed appropriate by the Municipal Council.
14.50.100 PRO Zones Adopted.
(Enacted 2002-42, Am 2003-10, Am 2003-53, Am 2004-22, Am 2004-25, Am 2004-34, Am 2004-36, Am 2004-46, Am 2005-05, Am 2005-25, Am 2005-28, Am 2005-53, Am 2006-02, Am 2006-31, Am 2006-41, Am 2006-43, Am 2006-51, Am 2007-09, Am 2007-19, Am 2007-22, Am 2008-11, Am 2008-25, Am 2008-35, Am 2008-40, Am 2008-42, Am 2009-04, Am 2009-14, Am 2009-28, Am 2009-33, Am 2009-41, Am 2009-44, Am 2010-15, Am 2010-23, Am 2010-25, Am 2010-32, Am 2011-12, Am 2011-21, Rep 2020-04)