Council approves Dixon neighborhood rezone with owner-occupancy development agreement after close vote

The Provo Municipal Council narrowly approved a zone map amendment for property at 1050 West 100 North in the Dixon neighborhood that rezones the parcel from R-1-6 one-family residential to Very Low Density Residential (VLDR) to allow a condominium-style subdivision and construction of an additional single-family dwelling, contingent on a development agreement that requires owner occupancy for both units.
Planner Jessica Donneke said the property currently allows accessory dwelling units (ADUs) under the R-1-6 zone but that the applicant seeks a rezoning to enable a condominium plat so each house can be its own parcel and the land between would be limited common area. Donneke said the planning commission recommended denial, citing landscaping, maintenance and owner-occupancy concerns.
Applicants Heather Shelley and Kenell Seymour described the property as a deep, early-20th-century lot with a 4-bedroom house. They said market conditions and high interest rates make building an ADU financially impractical and that subdividing the lot to sell a rear parcel for a new single-family house would produce two owner-occupied homes and improve the lot's upkeep.
Shelley said, "We're willing to create the requirement that it be owner occupied through deed restriction," and indicated the applicants could accept a development agreement that would require owner occupancy and limited common area to address maintenance concerns.
City staff and council members discussed alternatives including attaching or detached ADUs, flag-lot variances and possible citywide text amendments to flag-lot rules; staff said a flag lot would not be allowed under R-1-6 and that an LDR condominium plat would be the administrative mechanism if the rezoning were approved.
Council debate centered on precedent and enforcement. Councilor Hogan said, "So the creative solution makes sense," in support of pursuing a path that would produce two owner-occupied homes, while other councilors expressed concern about changing zone precedent in an area that already allows ADUs.
The council approved amended ordinance language that conditions the rezoning on execution of a development agreement; the amended language requires the development agreement to include deed restrictions and made the ordinance contingent on execution of that agreement within one year. The final vote on the implied motion to adopt the ordinance as amended was 4 to 3 in favor.
Why it matters: The action allows one additional owner-occupied single-family home and is intended to convert underused deep rear lots into occupied housing while attempting to protect owner-occupancy and maintenance through a contractual development agreement.
Background and details: Staff noted that a detached ADU would cost roughly similar to a small house and that financing and rising interest rates make ADU construction financially infeasible for many property owners. Applicants provided an appraisal and described limited market interest at the asking price; they said selling a rear lot would help make the front house more competitively priced.
Public comment and next steps: The applicants said they were willing to accept a development agreement. The council's adoption makes the rezoning effective only once the development agreement is executed; the ordinance also includes a one-year expiration if the agreement is not recorded. If executed, the development agreement will be recorded and staff will process the condominium plat and related administrative approvals.