Resolution condemns land-use, zoning bill

PROVO — Expecting to be joined by colleagues in city councils across the state, the Provo City Council unanimously passed a resolution Tuesday night condemning SB170.

The bill that would strip Utah city councils of much of their ability to zone or manage land use already appeared dead on arrival, especially after its sponsor, Sen. Al Mansell, admitted it was "over the top."

In fact, a tamer version, SB267, was introduced Monday with another addition, SB268, released Tuesday. But cities weren't taking chances.

Provo's resolution stated: "Provo City hereby expresses in the strongest possible terms its opposition to Senate Bill 170, Land Use Amendments, and any substituted bill that removes or undermines long-standing land-use law, and urges members of the Legislature to reject SB170 and any similar bill."

Similar language, much of it based on a draft resolution prepared and provided to city councils by the Utah League of Cities and Towns, was considered Tuesday night in Highland, Pleasant Grove and other communities.

Mansell, a Realtor, represented homebuilders, real estate agents and developers who say city councils don't follow their own ordinances when considering zoning requests.

"SB170 really did address some critical issues," said Kevin Call, executive director of the Utah County Association of Realtors. "Some cities have abused the process by not having clearly defined criteria for development and having reasonable timeliness for the process."

But Mansell himself said SB170 extended too far.

"In my opinion," Provo City Council attorney Neil Lindberg said, "if this bill passed, zoning and planning in Utah would be turned on its head."

SB267 has a narrower scope. It would require zoning decisions be made with "reasonable diligence," require certain notice for zoning decisions and expand requirements for impact fees.

SB268 would expand the rights of the office of Utah's property rights ombudsman.

The issue remains packed with emotion.

"Land-use and zoning are one of the main reasons people attend city council meetings in Utah," said Lindberg, part of a task force that last year created significant changes to state land-use law. That process included representatives from every group involved in the issue.

Provo Councilman Steve Turley said SB170's backers should have sought similar input.

"There's a better way to fire a shot across the bow," Turley said. "Dialogue would be that way."

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