More land-use fights forecast
Local governments told to expect more legislative limits
Neil Lindberg, a land-use attorney who advises the Provo City Council, told the Wasatch Front Regional Council's Regional Growth Committee on Thursday that developers and property-rights groups have been and probably will continue to be a loud voice in lobbying and getting their complaints across to legislators. Cities and counties, meanwhile, lack an avenue for consistent communication with lawmakers.
"Local governments aren't regularly telling their stories," he said.
Among the most visible land-use bills at the 2006 Legislature was Senate Bill 170, sponsored by Sen. Al Mansell, R-Sandy, a real estate broker and president of the National Association of Realtors. SB170 would have tightly restricted municipal governments' leeway in making zoning decisions, setting up a situation in which local governments would carry a heavy burden to prove their rulings were vital to protect a community's interests.
The bill "would have turned planning on its head," Lindberg said.
But Michael Hutchings, a lawyer who represents developers like Anderson Development and who wrote part of SB170, said in an interview Thursday that the bill would have brought fairness to a zoning process that is inconsistent from city to city and that leaves developers at the mercy of city councils reacting to public whims.
"There's a desire by landowners for fairness in the planning process at city hall," Hutchings said. "There's a great amount of frustration that landowners, builders and developers have experienced in dealing with some cities and some counties on land-use issues."
Local officials, on the other hand, contend that no two sites are alike, and each proposed development should be studied individually and left to planners' and city councils' discretion. That can take time, and unexpected issues can arise.
SB170 was replaced by two less-dramatic substitute bills, both of which the Legislature approved. One aims to speed zoning decisions and requires reporting on fees collected from developers. Another expands the Office of the Property Rights Ombudsman and allows developers to appeal zoning decisions to the ombudsman or another mediator. Hutchings predicts developers' drive for more freedom will be back in future legislative sessions.
"That's an issue you will see raised next year," he said. "It's not a dead issue."
Lindberg told the regional council that city planners and governments should work to head off complaints by being more consistent in zoning decisions and setting quantifiable standards, rather than relying on judgment calls for individual developments.
Comments
- Plenty of fantasy films for families 7:22 p.m.
- So you think you're the next Rowling? 7:21 p.m.
- 'Bomber' is about more than candy 7:21 p.m.
- Tips for getting published 7:21 p.m.
- Galleries 7:21 p.m.
- Duet of artists at Meyer Gallery 7:21 p.m.
- Spain's armor on view in D.C. 7:21 p.m.
- Stage auditions 7:21 p.m.
- 'As You Like It's' Parrett is a joy 7:21 p.m.
- 'Star spangled Girl' among openings 7:21 p.m.
- Jazz brass debate Millsap match
- LDS seminary principal arrested
- 2 men cited on LDS plaza
- Jazz finances not quite so bleak
- Logan canal breaks; 3 to 4 missing
- Utahns among Texans' investors
- Reactions on Boozer speculation
- Millsap offer: $10.3M up front
- Cash for Clunkers to get rolling soon
- HBO defends U. logo use in 'Love'
- LDS seminary principal arrested
332 - Jazz brass debate Millsap match
193 - 2 men cited on LDS plaza
165 - Jazz talking Boozer trade?
141 - Bronco collecting a galaxy of recruits
141 - Blazers may offer Millsap a contract
124 - Stadium of Fire flag burning was fake
101 - Fairness of BCS debated
83 - Letters: Single-payer system best
76 - Services bids farewell to Jackson
70
As more and more dads are put out of work in this economy, I've been...
The photographs are mysterious, brooding, dark. They show dimples and...
First of all, the City, via Rocky Anderson, deeded that portion of Main...
Read the story. They were not on a street. They were on private property...
Jerry's system doesn't win championships. Phil's triangle Offense does. 10...
Glad your not coming to visit us-- we have enough radicals and shallow people...
2 or more years, Millsap is not worth more than the MLE. If you look at the...
We have been praying for you ever since we heard. We are so sorry for you.
I don't believe the Jazz will sign Price. They didn't want him last year....
Why does everyone think that Portland signed Millsap to hurt Utah? Makes no...
Why does everyone think that Portland signed Millsap to hurt Utah? Makes no...
This began as an issue of private property rights. In response to a request...


You can be the first to comment on this story.