Developer thwarted again

PROVO — With one lawsuit already pending, the Provo City Council apparently invited a second one Tuesday night when it voted 7-0 to turn down a developer's request for a zoning change.

"Within a few days a lawsuit will be filed," said attorney Mike Hutchings, who represents Anderson Development, which wants to build 117 homes near Utah Lake in southwest Provo. "Fortunately, the Provo City Council doesn't have the final say on this. The final decision will be made by a judge and jury."

Before Anderson can seek approval from the council for the Harbor Estates subdivision, the council must change the status of 34 acres from agricultural to residential. Anderson sought the zone change in June but was stunned when the council voted 4-3 against it.

The company felt the decision was capricious and filed the suit within 30 days, as required by law. It didn't serve the suit on Provo until November, on the next-to-last day allowed by law, because it hoped to negotiate a resolution, said Rondo Fehlberg, who represented Anderson at Tuesday's council meeting.

"We don't want to fight with Provo," Fehlberg said. "I'm still optimistic we'll get to a point where this will work."

Tuesday's unanimous vote appeared to be a bigger blow to the proposed development, but there are indications that negotiations aren't over. Meanwhile, Hutchings said the company would move toward a legal solution.

"We have a new denial," he said. "Because of the new denial, we'll be forced to file a second claim against the city."

Several council members repeated their belief Tuesday night that the area — 1560 South between 600 and 800 West — isn't ready for the proposed 117 new homes. They have said the area needs more roads first and that they want to see more areas developed that are already designated as residential zones before they approve another large chunk of the city's dwindling raw land for additional housing developments.

Hutchings said the council did not let those concerns thwart others who have developed in the area.

"It's all very unfortunate, but Anderson Development does not back down when it knows it's right," he said. "We're only asking to be treated fairly and the same way other developers have been for developments of adjoining pieces of property."

Hutchings and Fehlberg said other developers have complained about Provo's treatment of landowners and proposed developments, but most remain silent.