Utah bill to restrict, regulate zoning in newly incorporated areas sparks concern in Ogden Valley
A proposal to restrict zoning and require compensation for downzoning in newly incorporated areas is drawing the attention of some of the people behind the push to incorporate part of the Ogden Valley.
"This would create so many problems that are so unsolvable," said Brandi Hammon, who promoted the ballot question last November to turn the expanse around Eden, Wolf Creek and Liberty east of the Wasatch Back in Weber County into a new city. The incorporation measure passed by a wide margin, and the city is to formally come into being next January.
Sen. Calvin Musselman, the sponsor of SB322, though, isn't looking for immediate action on the proposal, meant to address downzoning, or implementation of zoning changes imposing new restrictions on land use. Rather, he introduced the bill so the topic could get attention during the legislative interim later this year. "I don't want this bill passed. I just want it to get to interim," he said at a meeting Thursday of the Senate Government Operations and Political Subdivisions Committee.
Officials ended up taking no action on the proposal, but its introduction earlier this week sparked a strong response from Ogden Valley incorporation proponents.
Hammon worries the proposed change could hamper leaders of the new city, to be elected later this year, as they're trying to get the new locale up and running. A message Wednesday on the Facebook page of the group that spearheaded the incorporation drive, Ogden Valley Incorporation, blasted the legislation and called on Ogden Valley residents to reach out to their representatives to voice opposition.
"These new rules DO NOT apply to the county or to other cities who make zoning changes — just our new city. SB322 is a blatant attempt to hobble our new city government," reads the text of a message Ogden Valley Incorporation is calling on city boosters to send to lawmakers.
Musselman didn't respond to a query seeking comment, but SB322, as written, would prohibit downzoning for at least a year after an unincorporated area is annexed into a city. It would also require a city to compensate a property owner whose property loses value due to downzoning after incorporation.
Incorporation boosters touted incorporation of the Ogden Valley as a way of helping assure local control amid increasing development and growth pressures. The area is home to three ski resorts and Pineview Reservoir and is an increasingly popular getaway draw.
But Hammon said downzoning hasn't been an intent of those who promoted incorporation. As is, the Weber County Commission governs the Ogden Valley area to be incorporated until the new city formally materializes in January 2026. "We're not looking at it at all because it's not our intention," Hammon said.
At any rate, given the year-plus period between last November's annexation vote and formation of the city next January, developers already have time to develop their land before incorporation becomes official. So many variables figure in determining the potential loss of a parcel's value due to downzoning, meantime, that such a task is incredibly difficult, she said, not that downsizing is contemplated.
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