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Provo council approves rezoning for 46-unit condo project at 5568 N. Canyon Road after debate over parking and sewer capacity
Summary
Council approved a zone change and amended development agreement to allow a 46-unit condominium building; councilors and staff debated sewer capacity, parking limits and deed-restricted owner-occupancy (the development agreement includes a 50% owner-occupancy minimum). The council voted 7-0.
The Provo City Council voted June 9 to amend the zone map and development agreement for 5568 North Canyon Road, allowing the Arbors-on-the-Avenue A-10 zone and a proposed 46-unit condominium building where a 19-unit townhome project had previously been approved.
Planning Supervisor Aaron Ardmore told the council the proposal has been reviewed by staff and the planning commission and that the concept plan can meet the new zone’s requirements. The developer’s revised plan would replace the earlier 19 townhomes and increase the number of for-sale units: under the proposed development agreement at least 50% of units would be deed-restricted for owner occupancy.
Councilors focused their questions on sewer capacity, parking and long-term owner-occupancy enforcement. Public Works Director Gordon Haight explained the city’s master plan originally allocated 12 units for the parcel but staff reallocated capacity after other projects did not proceed; he said the city believes it can accommodate this project but cautioned the margin is tight and future up-zones in the area could create capacity problems.
Parking and neighborhood impacts were a central concern. The developer, David Peronje, described the parking plan: "Everyone will have two assigned spots and visitor parking spots," and said the project’s design includes underground parking for some units and about 10–11 visitor spaces. In discussion councilors noted the proposal meets the city parking standard for the zone (the concept-plan ratio discussed in the meeting was 2.25 spaces per unit) but warned that in practice three-vehicle households could create spillover demand on nearby areas with limited public parking.
On affordability and unit type, the developer said the condos (about 1,525 square feet on average) should be more affordable per unit than the larger townhomes previously proposed; he and staff said some units would be deed-restricted to ensure owner occupancy and referenced CC&Rs and deed restrictions enforced by an HOA.
Public commenter David Chappell told the council he supported higher density but urged stricter owner-occupancy controls (he recommended a timeline to transition to higher owner-occupancy or 100% owner occupied eventual targets). Councilors and the applicant discussed possible higher owner-occupancy targets; the applicant said he was open to higher percentages but requested flexibility to make the project financially viable.
After questions and discussion, the council voted 7-0 to approve the ordinance amending the zone map and the development agreement for 5568 North Canyon Road.
