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City council moves proposed Nibley rezoning on to second reading

December 8th, 2012 Posted in Opinion
By Danielle Manley

NIBLEY — In a difficult battle between community property rights and individual property rights,  Nibley City Council held a public hearing Thursday to discuss rezoning approximately 20 acres of land at 1300 W. 2600 South. The owner of the land, Kevin Allen, wants to rezone it from agricultural to R2A, medium to high residential. 

“It’s in line with the anticipated general plan and what’s surrounding the land,” city planner Shari Phippen said.

Opposition came from Nibley citizen Barbara Willden. She also spoke against the proposed rezoning during the Planning and Zoning Commission meeting Nov. 14.

“I realize people who own the land have a right to develop it,” Willden said. “But I think there are dangers in taking away agricultural land. There are a lot of things that have to be considered when we take land away from agriculture.”

Willden also addressed a possible ground water problem in the area. She said people in the area have a constant problem with flooding basements.  The council resolved the matter saying the land would be designated wetland if it was a problem area, but added caution.

“Let the proponent know they may be stuck with wetland issues when developing the property,” Councilman Larry Jacobsen said.

Jacobsen also mentioned the importance of dealing with property rights.  “I would like to remind the council that this is one of the few steps where we have legislative power to say yes or no,” he said.

The council doesn’t have to give an answer immediately, but they are bound to a general plan, Jacobsen said. And the general plan gives room for the city to develop residential areas.

Another important question raised by the council was concerning the availability of utilities.

“The sewer line runs right down the north side of the property,” public works director Bill Saunders said. “ So they would be responsible for accessing all of that. The property the city owns adjacent to the west of the property is for storm water storage as well.”
The council decided to move a second reading of the proposed rezoning to their next meeting,  Dec. 20.

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