The Grantsville City Council discussed an alternative way to rezone properties, which would tie zone changes to a specific development plan during its Nov. 7 meeting.
Grantsville City Mayor Brent Marshall said he spoke with David Church, the legal counsel for the Utah League of Cities and Towns, who suggested a different means of regulating conditional zoning.
When rezoning, the city could put the zone change in an ordinance that includes stipulations for the developer to accomplish in a certain timeline, Marshall said.
“If the developer does not accomplish what he is supposed to do in the timeline, then you can repeal the ordinance and then we don’t have an issue like we had at the last city council meeting where over a decade ago, the zone change had been made,” he said.
At the City Council’s Oct. 17 meeting, a split vote approved the concept plan and planned unit development for the Sun Sage Meadows development, which is five single-family lots and 74 townhomes at 619 W. Clark St.
The zoning on the same property was changed to high-density residential at a Dec. 16, 2009, city council meeting. The development was inactive for nearly 8 years following the approved rezone and a different developer picked up the project.
Marshall said the zone change to high-density residential on the property of the current Sun Sage Meadows development was approved with a different plan for the property.
Grantsville City Attorney Brett Coombs said he would need more time to research zoning by ordinance but cautioned the council to be sure it’s specific in its requirements.
“My only counsel would be … just make sure you’re clear about what you’re requiring the developer to accomplish to keep the zone change,” Coombs said.
Coombs said he would speak with Church about the conditional zoning and provide more information for the council before it makes a decision.
Shay Stark, a municipal planner with Aqua Engineering, said the zoning by ordinance would be used in situations where the development is something different or outside the ordinary. It wouldn’t apply to rezones if the zoning change aligned with the city’s future land use map, he said.
“In that situation, you’re just doing a standard rezone,” Stark said. “You’re rezoning to what your future land use map says that property will be at some point in the future.”
Stark shared a recent example where a church was looking to come to a city but would need the zoning in place to secure funds to build. The city created a conditional rezone that would remain in place as long as the church started construction within a set timeframe, he said.