To Develop or Not to Develop
by Kathy Bence
That is the question. Or often seems to be the question, especially because Toquerville attracts residents who don’t want the congestion of St. George.
Zoning changes often precede development. For example, if a large parcel of agriculturally zoned land is being sold, the seller might request a zone change to make the sale more profitable. The city government agrees and suddenly, a massive development is in the works despite the disapproval of the community.
This example is not intended to diminish the importance of property rights. We are blessed to live in a country where we can own property and ideally, we should be able to do what we want with our property. However, if we’re going to argue for unrestricted property rights, then those unrestricted rights must apply to everyone. After all, exceptions for some signals government corruption.
Whose Property rights matter most?
Since rules need to apply to everyone, what would it look like if all residents could do whatever they want with their property?
Perhaps sell to a mining company and have large trucks and noisy mining, or perhaps an RV park. Picture a gas station in the middle of the Cholla subdivision. I used the example of Cholla because there are homes there that are not included in the Homeowners Association. Without HOA restrictions or city zoning restrictions, property owners would be free to do what they want.
But then the problem becomes what about the rights of the neighbors that are affected by what we do with our property?
The reality is that we live in Toquerville and for good or bad, there are zoning laws. So is it fair to assist a real estate sale by changing the zoning to benefit the seller? Or is it better to consider the remaining residents who will face the consequences of the development that results?
These are complicated questions and I don’t know all the answers. I’m open to ideas that change my mind. In the meantime, I have my opinions.
What’s Involved With a Zone change?
Before the city council approves a zone change, they rely on the advice of the planning commission. The planning commission uses the nine points in the Toquerville city code (10-8-3) to determine if there should be a zone change. The nine points are listed below with my questions in italics.
1. Addresses a recognized and demonstrated need in the community;
Does the need come from the residents, who are the constituents of the city council, or does the need come from a developer or someone else outside the commumity? The residents of Leeds, Rockville, and Virgin didn’t want development so their city council stopped zoning to encourage development. Could Toquerville do the same?
2. Will be compatible with the character of the neighborhood and surrounding structures in use, scale, mass and circulation;
Is a commercial building or development compatible with the surrounding neighborhoods of Toquerville?
3. Will not result in an over intensive use of the land or excessive depletion of natural resources;
Will it result in an over intensive use of the water supply that we are constantly warned is at risk?
4. Will not have a material adverse effect on community capital improvement programs;
Does the development benefit the community or does it lead to more crime, more wear and tear on infrastructure, and higher taxes to pay for all the effects of development?
5. Will not require a level of community facilities and services greater than that which is available;
Once you start building, do you have to keep building to provide services for all the development?
6. Will not result in undue traffic congestion and traffic hazards;
Doesn’t development always result in undue traffic congestion and hazards?
7. Will not cause significant air, odor, water, light or noise pollution;
Will this impact Toquerville’s dark skies?
8. Will not otherwise be detrimental to the health, safety or welfare of the present or future inhabitants of the city; and
Haven’t many moved from California and even St George for exactly these reasons? How much development will create the same outcome?
9. Will meet the requirements of the general plan.
Is the general plan driven by the results of a survey of Toquerville’s residents?
does the general plan follow public input?
The 2017 General Plan that is on the city’s website begins with this introductory statement:
“Utah State Law (Title 10 Chapter 9a et.seq) requires local plans and development guidelines to address general health, safety, moral and welfare issues. The law also requires public participation in the planning process through adequate public notice and open public meetings”
The most recent General Plan is not yet found on the website and we also haven’t been given the survey results that seem to be part of the “public participation” required for the general plan. However, at an open house, residents were told that the survey results show residents generally don’t want development, but also that there were relatively few surveys returned. (I heard this statement from a Sunrise Engineering representative who commissioned the survey, but I no longer see the recording on the city’s YouTube website).
In my opinion, the fact that few surveys were returned should not lessen the impact of the survey. Frankly, it was not a good survey.
Except for the write-in question at the end, the questions were redundant, leading, and complicated. Those I spoke with said the survey didn’t allow them to express how they felt about development.
There was never a price tag or an explanation of who would pay for all the improvements and amenities described on the survey.
It was too long: 58 questions compared to 26 five years ago.
Some I spoke with felt the survey was pointless because they believed the city officials were in favor of development and not interested in the results of the survey.
So what does this mean?
Elections are decided by those who vote, not by how many vote. We were told the residents voted through the survey for limited development.
The general plan requires public input, which hopefully means the general plan is based on the residents’ wishes. It also follows that zoning changes are based on the general plan.
In other words, if city officials want to follow the voice of their constituents which is reflected in the general plan, they will be cautious of promoting development through zoning.