What do you think of the proposed change to permitted uses, conditional uses, and yard requirements in the M1 Light Manufacturing Zone?

Provo City residents are encouraged to provide input on new development within the city. We value our residents' opinion and ideas. Your input assists staff in ensuring that all viewpoints are heard and to make them aware of concerns as well as what residents see as a match to the City's vision.

Applicant

Community and Neighborhood Services Department

Project address

Citywide Application

Description 

The Community and Neighborhood Services Department requests an Ordinance Text Amendment to Provo City Code, Sections 14.27.020 and 14.27.080, relating to permitted uses and yard requirements of the M1 Light Manufacturing Zone, respectively. The request is to add the sale of combustible petroleum products as permitted uses and to add the sale of flammable petroleum products as a conditional use in the M1 Zone;  as well as allowing the Development Services Director to modify yard requrements in the M1 Zone.

Although the text amendment has citywide application, specific attention has been given to the Christensen Oil site along 600 South and the uses associated with that particular property. Christensen Oil has been using the property located at 595 South 200 East for petroleum product distribution since 1935 and has evolved over time to meet the needs of customers. Currently, Christensen Oil operates as a legally non-conforming use in the M1 Zone; however, the proposed amendment would allow the operation to continue as a permitted use. The proposed amendment can be viewed as part of the Staff Report. The proposed ordinance text amendment will change the Christensen Oil site from an existing non-conforming (legal) use, to a permitted (legal) use within the zone.

Here is the presentation made at the Provo City Council work meeting on May 5, 2020:

Here is the presentation made at the Provo City Council meeting on May 5, 2020:

This amendment would

1. Make the current (as it is at the time of adoption of the text amendment) Christensen Oil site a permitted use. This would also include structures and tanks currently in the building permit process.
2. Require a conditional use permit (CUP) for the addition of flammable liquid storage.
3. Allow the present 500-gallon propane tank as an accessory use.
4. Remove the distribution of manufactured or natural gas as a permitted use in the zone.

Specific concerns raised by residents in the vicinity of Christensen Oil have been addressed by Provo City staff below:

1. Christensen Oil represents an extreme risk to the Maeser Neighborhood.
   1. False - While the property does contain a significant amount of fuel it does not represent any more or less risk than the railyard a couple of hundred feet to the south. The risk of a catastrophic event is minimal.
2. There are multiple unresolved fire code violations.
   1. False - There are no unresolved fire code violations at this site.
3. There have been unreported and unmitigated spills at this site.
   1. False - Christensen Oil did have a spill approximately 20 years ago. That spill was mitigated and the case has been closed.
   2. Christensen Oil has an oil/water separator that is fed through several grates within the yard.
   3. There has been a new complaint received. However, the outbreak of COVID-19 will prevent investigation until the resolution of this pandemic. The complaint has been classified by the Division of Water Quality (DWQ) investigators as "not immediately dangerous to life, health or the environment." The complaint has been given a low priority by the DWQ.
4. The designated hazardous materials route allows trucks to go through the neighborhood.
   1. True (sort of) - Trucks carrying hazardous materials can use 600 South that borders the Maeser Neighborhood. A map of the designated hazardous materials routes is below. In addition, the hazardous materials routes were finalized after working with a group of Maeser neighbors.

Status

No neighborhood meeting was required for this project because of the exemption for applications filed by Provo City and the exemption for citywide applications. The Planning Commission hearing was held on April 22, 2020, and the Commission recommended approval, with the stipulation that a neighborhood meeting for the Maeser Neighborhood be held prior to final action being taken by the City Council. A Maeser Neighborhood meeting is scheduled for April 30, 2020. This is on the agenda for the Council meeting on May 5, 2020.

Project Contacts

Planner - Robert Mills, 801-852-6407, rmills@provo.org

Resources

Staff Report
Planning Commission Report of Action
Provo City Zoning Map
Provo City Code
Key Land Use Policies - listed by area and neighborhood (see policies that guide the land use for particular areas of the city)

Presentation from the Fire Marshall to the Maeser Neighborhood

Maeser Neighborhood Meeting video

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If you prefer not to add your comments here, you may send an email to all seven Councilors at council@provo.org.