Lawmaker-developer takes on local zoning

An influential legislator critical of municipal control of zoning issues and supportive — at least in concept — of re-examining the whole process is a partner in a development company involved in a yearlong struggle to get a subdivision approved in his city.

Rep. Wayne Harper, R-West Jordan, said he is neither drafting nor plans to propose legislation to change city planning and zoning practices, adding that concerned citizens, not his own self-interest, are behind any talk of whether state lawmakers should take a closer look.

"There are a number of people who have been talking about the proper role of a city in making zoning decisions," he told the Deseret Morning News. "Some people feel private property owners are being trampled in the city's role of directing the future."

To help ensure his development isn't run over, Harper has enlisted House Speaker Rep. Greg Curtis, R-Sandy. Curtis is more powerful, more vocal and apparently convinced that the land use procedures have to be reviewed. The development company Curtis represents as an attorney filed a lawsuit against Provo City earlier this year stemming from a denied zoning request.

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

The comment alarmed city officials statewide who believe proper planning and zoning is their main shield against hodgepodge development.

Curtis and Harper have exchanged e-mails outlining possible legislative approaches to address municipal control in general, but Chris Bleak, Curtis' chief of staff, says the speaker is not planning to run legislation this year.

Curtis could not be reached for comment on Harper's involvement in the proposed West Jordan subdivision, which came up during a meeting of the Utah League of Cities & Towns Legislative Policy Committee on Oct. 17.

"I made the mistake . . . a week and a half ago of answering a question that said, 'Can you tell us what Rep. Curtis is doing with land use and what is the feeling of your colleagues about land use?' So I responded and said, 'I've had a number of people talk to me about their issues and things they may want to do, and I've had my own concerns and things like that,' " Harper told the Morning News.

Whatever his involvement, Harper, as a partner at developer South Station LLC, would stand to benefit from a law that would give property owners more freedom to develop their land as they see fit.