Provo officials say a proposed zoning ordinance amendment that would place restrictions on correctional facilities is not intended to force the county into building a new jail on property the city owns near Springville.
However, the amendment is intended to prevent the county from building next to or expanding the current jail, or building near any residential areas."It is not our intent to force the county into one spot," Mayor Joseph Jenkins said. "But we don't want a jail where it would negatively impact a residential area."
Currently, jails are allowed in every zone in Provo except the R-110 zone. The proposed amendment would allow jails only in public facility zones. The amendment also contains restrictions that would prevent jails from being built near residential areas.
The amendment was approved unanimously last week by the Provo City Planning Commission. The City Council was scheduled to discuss the amendment Tuesday but rescheduled it for the Sept. 1 meeting.
County officials were going to place a $17 million bond issue on the November ballot for the construction of a 300-bed jail. Tuesday they decided to postpone the election because they feel Provo is using the amendment to force them into building on a 58-acre parcel the city owns on the south end of the old Ironton Steel Mill site. The property, north of U-75 and west of U.S. 89, contains some toxic waste and must be tested by state environmental officials before being cleared for a jail.
Jenkins told county officials last week that if the 58-acre parcel is found to be unfeasible, the city would find another site on the Ironton property. Wednesday, he said the amendment was tabled because some of the restrictions may exclude other Ironton property as a possible jail site.
The requirements for an arterial or collector street and a mass transit stop within 500 feet likely will be changed because neither exists on the Ironton property. However, the 1,500-foot barrier between a jail and homes, churches, schools and parks is likely to remain a part of the ordinance.
If the amendment is approved by the City Council, county officials say they will not be able to build a jail in Provo and meet the ordinance's restrictions.
"I really don't think Provo officials realize how restrictive this ordinance is," County Commissioner Gary Herbert said. "It will make it very difficult for us to build a jail anywhere in the city."
However, Jenkins disputes the county's claim that the 1,500-foot restriction would eliminate all potential jail sites in Provo.
"There is property in the city other than the Ironton site where a jail could be built without impacting any homes," he said.
The Utah County Jail Advisory Committee will meet Sept. 1 to decide whether to continue working with Provo or look elsewhere for a jail site.
County officials also are concerned about the amendment's requirement to transport released inmates from the jail. Utah County Sheriff David Bateman said Provo cannot pass an ordinance dictating jail policy. The Supreme Court already has ruled that jail officials are not responsible for transporting released inmates, he said.
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What the proposal would require
How Provo's proposed zoning ordinance amendment restricts choice of jail sites:
-A 1,500-foot barrier must exist between a jail and homes, schools, churches and parks.
-Jails must be located on arterial or collector streets.
-Exterior lighting cannot shine on adjoint properties.
-Outdoor recreational areas must be fenced.
-Parking areas must have a 4-foot high berm, hedge or fence.
-One parking space for every employee and one parking space for every seven inmates.
-Jails must be within 500 feet of a mass transit stop.
-Jail officials must ensure transportation for inmates upon release.