Sandy folks get OK for petition on zoning

SANDY — Sandy city officials have given a green light to a group of residents trying to take a controversial City Council zoning decision to a citywide referendum vote.

The Nov. 23 decision by the council paved the way for a Wal-Mart and Lowe's to set up shop at the city's gravel pit at 9400 South and 1300 East, a move decried by many residents hoping to see a city park on the lot.

The Save Our Communities group has led opposition to the zone change and will now have until Jan. 7 to gather roughly 9,500 signatures to put the zone change on the 2005 election ballot. The city may also choose to hold a June special election on the issue.

Sandy residents are not alone in their outcry of another possible big-box retailer in their neighborhood. Nearly 50 Centerville residents filled City Hall Wednesday night to show their support for or opposition to a proposed Wal-Mart on 400 West and Parrish Lane.

While the city of Sandy will allow residents to begin gathering the signatures, city spokesman Ryan Mecham said there are still legal questions about whether a referendum is allowable on the zone change.

A 1994 Utah Supreme Court ruling held that only major land use decisions are eligible for referendum, and the gravel pit zone change may not fall under that category. A final determination on whether a referendum will be granted may not be made until after the Jan. 7 signature deadline, he said.

"We have concerns about the legality of this," Mecham said. "But nothing changes right now. The only thing that is happening is they are free to start talking to people and try to get their signatures."

Gathering those names in only a month does not worry resident Gary Forbush, who presented the city with the petition for referendum Friday. Forbush said he has already received calls from local grocery store managers who want to post signature sheets in their stores.

"A lot of people feel we're doing the right thing, so I'm feeling confident that there are enough people who care about this," he said.

Cynthia Long, head of the Save Our Communities group, said the petition effort will target grocery stores because their businesses will likely be hardest hit by a Super Wal-Mart moving in down the street.

The battle over putting the Boyer Co. development at the gravel pit has waged for nearly seven months in Sandy, pitting residents who want a city park on the lot against City Council members who say the city can't afford to lose the tax revenue. A Wal-Mart and Lowe's are both planning to move from their current Sandy locations.