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Council orders design-corridor study and votes to remove setback exemption for Provo River
Summary
Councilors directed staff to develop a Provo River design corridor and voted unanimously to eliminate an exemption that allowed some projects to encroach inside the 100-foot river setback; councilors also asked staff to propose criteria for limited exceptions tied to public amenities.
The City Council directed staff to study a design corridor for the Provo River and unanimously voted to remove code language that had allowed an exemption to the city’s 100-foot Provo River setback.
Policy analyst David Pyle briefed the council on options: maintain a 100-foot setback, keep the existing exemption, or delete the exemption and later create targeted exceptions to encourage amenity-focused development (restaurants, boardwalks, river-facing public spaces).
Councilor Christiansen moved to have staff investigate a riverfront design corridor; Councilor Bogdan seconded the motion. The motion passed on a recorded voice vote: Councilor McKay, Christiansen, Bogdan, Garrett, Whipple and Egadley voted yes; Councilor Hogan was excused (vote 6–0), the clerk announced.
During debate, council members emphasized that any exceptions to the 100-foot standard should be tied to defined public benefits. “Anything that enhances the river, people's interaction with the river, commercial, if it's geared towards people enjoying the river, you know, no problem,” one councilor said.
Afterward Councilor Christiansen moved to eliminate the exemption in the code; Councilor Bogdan seconded. The council voted to remove the exemption, again 6–0 with Councilor Hogan excused. Council discussion included three options staff presented for handling the gap while a design corridor is developed: leave the existing exemption in place (allowing applicants to seek the exemption administratively), delete the exemption and require text amendments for any exceptions, or delete and replace the exemption temporarily with a narrowly defined administrative exception listing specific amenity-oriented criteria.
Bill (staff counsel) advised that any administrative exception would require clear, objective criteria in the code to avoid arbitrary discretion and potential legal challenge. Councilors asked staff to research design-corridor language used by other cities and to prepare a draft that specifies uses and criteria (for example, permitting restaurants, boardwalks, river-facing public spaces, and hospitality uses that provide public access) while excluding industrial or warehouse uses.
The council’s next steps: staff will deliver survey results on desirable riverfront uses and prepare draft design-corridor criteria and ordinance language for planning-commission review and future council action. Councilors also instructed staff to remove the current exemption from the code in pending legislation and then bring back a design-corridor draft for review.
Ending: The council’s unanimous votes (with one excused) effectively tighten the 100-foot setback, while directing a process to identify limited, criteria-based exceptions that prioritize public access and riverfront amenities.
