3rd try on Provo subdivision

PROVO — A developer who twice has sued Provo in a long and contentious effort to build a subdivision west of I-15 and the University Avenue exit will be back before the City Council tonight.

Anderson Development has requested that what is known as the Radio Tower property be rezoned from agricultural to residential to make way for 72 homes. The council will hold a public hearing on the request at the end of its meeting tonight at 7 at the City Center, 351 W. Center.

Five developers have tried to tackle the Radio Tower property since 1995.

In 2004, Anderson requested that the city's general plan map be amended to change the land from agricultural to residential. When the City Council denied the request, Anderson filed a lawsuit.

In 2005, Anderson tried again and, after another denial by the council, sued a second time in January 2006.

In August, the council finally agreed to change the map designation by a 4-2 vote. Now Anderson is returning to ask for a zone change. If successful, a rezone would clear the way for the company to begin bringing specific development plans to the Planning Commission and City Council, which would have the option to approve or deny those.

The development offer being made by Anderson includes tens of thousands of dollars to improve infrastructure in the area, which lacks good road access and outlets. The company would pay for additional asphalt on 500 West between 1150 South and 1450 South, as well as sidewalks, curb and gutter and up to two signs at a bend in the street in that area.

Mayor Lewis Billings suggested in an open letter last month that 24 to 26 of the 34 acres be rezoned, reserving the rest until additional transportation corridors are in place.

The neighborhood has wanted a low-density development, with lots of 15,000 square feet. Billings' suggestion would lead to smaller lots, which he said would make homes in the development more affordable and more compatible with the neighborhood.

Anderson Development wants to build 72 homes that are 2,000 square feet on lots of 8,000 square feet. The development would be called the Harbor Estates Subdivision, 1560 S. 600 West. The company previously wanted to build 117 homes.

City Council Chairman George Stewart said the consensus on the council had been to approve a rezone for residential lots of 10,000 square feet, though it was unclear how the seven-member council would vote. The new proposal for smaller lots won't have his support, he said.

In addition to concerns about increased traffic, transportation and access for emergency crews in a neighborhood with few streets and fewer outlets to main roads, including nearby I-15, neighbors have opposed a subdivision out of concerns about the groundwater in what has been a Utah Lake flood zone.

If a rezone is successful, the radio station on the north end of the property would be removed. The station is no longer operating.

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