Zoning fight may pit Utah, cities

A pair of influential state lawmakers are looking to return autonomy to individual property owners — a move that could alter the state's current system of municipal zoning and land-use planning.

"I am very frustrated with municipalities and how they approach land use," said House Speaker Greg Curtis, R-Sandy. "I think that the owner ought to have some presumptions in regard to use of their property."

The issue is causing concern for municipal officials statewide, particularly in Provo, where city officials have raised questions about whether the move is retaliation for a rezoning request Curtis lost before the Provo City Council earlier this summer.

Curtis, an attorney, represented Anderson Development in June and sought to change zoning on 34 acres of property from agricultural to residential to make way for homes.

The request was denied in a 4-3 vote, and while the matter will be discussed again next week, Anderson Development has filed a lawsuit.

Retaliation aside, the plan would have wide-ranging impacts on any city's ability to master plan and zone. In Salt Lake City, for instance, the much-anticipated master planning of the northwest quadrant of the city could be compromised under a new, state-mandated zoning philosophy.

"There are a number of people who have been talking about the proper role of a city in making zoning decisions," said Rep. Wayne Harper, R-West Jordan, who along with Curtis favors new rules. "Some people feel private property owners are being trampled in the city's role of directing the future."

Under the Curtis-Harper notion, cities would have to give much more justification for zoning decisions. If a city couldn't give specific reasons why a property owner's development was "detrimental to the health, safety or welfare of the community," it shouldn't be banned, they say.

Also, the pair want to put time limitations on how long cities could take to make development decisions. Harper and Curtis say there will be legislation next year that will rein in zoning decisions. The pair have shared draft concepts for a bill via e-mail.

Curtis says "the Provo issue exactly demonstrates the problem," maintaining the city had no legitimate reason not to grant the request.

Councilman Dave Knecht disagrees and points to a lack of transportation infrastructure to support dense development.

"There are only so many ways to get out of that area," he said.

Knecht and other Provo City Council members say they want to see more attention focused on roads before approving large neighborhood developments.