Layton mixed-use rezone rejected

By BRYON SAXTON
Standard-Examiner Davis Bureau
bsaxton@standard.net

LAYTON — By a 3-2 vote, the Layton City Council rejected a proposed mixed-use rezone, giving local prominent developers a green light in moving forward with the Fort Lane Village project.

The council made the decision after a three-hour public hearing.

 The hearing included a few failed motions, residents supporting the need for a mixed-use zone to thwart off big box retail, and area developers making a plea before the council for the city to trust them with development based on their track record.

Those rejecting the rezone, recommended by the city’s planning commission and staff, were Councilman Scott Freitag, Councilwoman Kathy Hyde Smith and Councilman Michael Bouwhuis, who provided his vote by phone.

Councilwoman Joyce Forbes Brown and Councilman Renny Knowlton made every attempt to keep the zone alive, asking developers if they would extend by 60 days a waiver they had previously agreed to with the city on the property that elapses on Aug. 17.

Attorney Mike Ostermiller, representing landowners that include Rep. Kevin Garn, R-Layton, former lawmaker and city councilman Stuart Adams, and longtime developer and attorney Doug Durbano, told the council he did not have that authority to grant that extension where one of their investors could not be reached by phone for their input.
But before the council made its split decision, there were a number of statements lobbed back and forth amongst Ostermiller and City Attorney Gary Crane.

Crane recommended the council approve the zone, along with it a “large scale retail overlay” in giving the city some leverage in what can be developed on the 26-acre parcel of property.

“It gives the council, the city, a little more control over the site,” he said.

But Ostermiller, and the landowners group he is representing, was taken back by Crane’s comments.

“We respect the role of the city,” Ostermiller said. But a change in the current commercial zone to mixed-use, he said, would cast a “significant shadow” over the development when it comes to obtaining financing where it may give lenders cause to  reanalyze the loan.

“We implore the city council not to change the zone on the Fort lane Village LC and the Adams property,” he said.

“Who else would you rather have do this?” Durbano asked the council. “We’re not going anywhere.”

“I’m giving you my word that we will work with the city as we have done in the past,” Durbano said.

Hyde Smith said her concern with the rezone was that landowners had not petitioned for it, and it is the role of the city leaders to protect everyone’s property rights.
Having commercial on the property, will also make the project more visible from the freeway, Hyde Smith said.

“The city has a history with the developer,” Freitag said. “If I didn’t know that, I would want more control.”

Bouwhuis, who was allowed to hear and vote at the meeting by phone, gave no explanation as to his decision to reject the mixed use zone for that area of the city.
The mixed use zone would have allowed residential development to be part of the development, and would have required special approval for big-boxed retail.
Garn, a landowner and local businessman, has requested the city in the past leave the current commercial zone in place to make room for a big-box retailer to serve as an economic driver for the project.

A big box retailer provides an economic driver for the project, in making it economically feasible, Garn stated on previous occasions. He did not publicly address the council Thursday on the matter.

 1 Comment

Add Your Comment

Name:
Comment:
Security Code:	Type the characters to the left in the box exactly as they appear.
	Before posting you must check the box to agree to our posting guidelines.

Sign up for local savings, special offers, deals and coupons!

E-mail Address:

View All »• Local Jobs