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Show Volume XVII Issue XXIV The Ogden Valley news Page 13 June 1, 2010 Letters to the Editor What is to Happen to Our Valley? The recently released Memorandum of Understanding (MOU) from the owners of Powder Mountain, if accepted by the Weber County Commissioners, will doom Ogden Valley to a bleak and undesirable Park City type of future, following a succession of lawsuits, defeats, and cheap high-density developments. In 1998, the General Plan for growth and development for Ogden Valley was approved, establishing density numbers and restrictions that stand today as development guidelines for thoughtful planning, and recognition of the limits of development in the confined Ogden Valley area. The Powder Mountain MOU would overwhelm the General Plan and raises the question of fairness, since it would allow the Powder Mountain owners to enjoy, exclusively, a waiver of the three acre-minimum building lot size that individual Ogden Valley property owners have been required to follow Powervillains Hold Hostages since 1998. Are the citizens of Weber County and Ogden Valley now going to see a long line of developers demanding the same three-acre restrictions be waived when they plan to develop land? Will this lead to a string of indefensible lawsuits against Weber County by both new developers and those longtime property owners who have adhered to the three-acre restrictions for the past twelve years? If the proposed MOU is examined, it does not indicate a balanced give-and-take for both sides in the negotiations, but a clear one-sided advantage for the Powder Mountain owners that is devoid of any meaningful concessions on their part regarding the major issues of concern to Ogden Valley residents and visitors. Larry Zini, Huntsville If you thought the the problem they created) to come to a resolution Powder Mountain issue with the developer. If the Commission doesn’t sign was resolved, think again. the development agreement, they remain saddled Hostages are being held with Powder Mountain Town incorporation and a and you should know lawsuit. If they do sign the agreement, they violate the who, what, and why. the trust that the citizens have placed in them. Then, when you are outWho: Planning Commissioners who will be raged enough, you need to in a position of having to deny or grant the Powder attend the Weber County Mountain request for increased density on the valley Commission meeting on floor. If they deny the request, the developer will June 1 at 6:00 p.m. drop out of the development agreement and go back What: At stake in to the incorporation effort to get what they want. the Powder Mountain If Commissioners grant the request, they will go development agreement against the entire General Plan for Ogden Valley, The Curse Continues are 1,500 acres known as which the rest of us have honored and sacrificed for. Eden Heights, a develop- It will make it impossible to prevent future development not at Powder Mountain resort but in the foot- ers from ignoring current zoning laws because of the hills of Eden. They are currently allowed 250 units legal precedence it will set. between the agricultural and forest designations. Why: By increasing the density of Eden Heights, Courage Needed to Face Powder Mountain Developer They want much, much more. the developer unfairly gains huge amounts of equity It will take COURAGE on June 1 in the Weber COURAGE to represent Weber County, not real Who: Homeowners who were drawn into the value. This is why folks, this—and not the land on County Commission chambers: estate speculators. incorporation against their will with no rights to vote top of Powder Mountain—is the golden egg. COURAGE to ignore the lure of illusory tax revenue. IT WILL TAKE COURAGE FROM CITIZENS for two years on the city council that would govern Please . . . join in the protest, June 1, 6:00 p.m. at COURAGE to stick to the Ogden Valley General Plan. them. We raised money to help them fight a Utah the Weber County Commission Chambers to ask the COURAGE to stand up and be heard telling the truth. COURAGE to be consistent and not to take the easy Supreme Court battle, which they are doing. They will Commissioners to deny Powder Mountain’s request COURAGE to be courteous and not to boo paid way out. be forced to stay that law suit if the development agree- for increased density. Powder Mountain shills. COURAGE to protect what we have, not what ment is signed by the Weber County Commission. COURAGE to face the hostages and say, “Don’t give speculators promise. Who: County Commissioners, who were pres- Sharon Holmstrom, up; don’t give in.” COURAGE to let the Utah Supreme Court do its job. sured by the state legislature (which refused to solve Eden COURAGE to place trust in the Utah Supreme Court. COURAGE to tell the hostages their remedy is with COURAGE to remind the Commission that they repre- the Supreme Court. Valley Citizens Should Not Drink the Cool-Aid Offered by sent all—not a few. COURAGE to defend Ogden Valley against those COURAGE to defend Ogden Valley against those who who would kill it. Powder Mountain Developers would kill it. COURAGE to make hard choices for the good of I have read the Memorandum of Understanding consider unless the payout can be assured. COURAGE to demand the Commission reject this the majority. between Weber County Commissioners and Powder If the Memorandum of Understanding is Memorandum of Understanding. COURAGE to remind speculators to check zoning Mountain developers, and find the financial aspects approved, the county can just as well throw out the of the proposal outrageously skewed and mislead- General Plan (which all development since 1998 has IT WILL TAKE COURAGE FROM first, not last. COURAGE to accuse the speculators of bad faith. ing for the benefit of the developers, with a pittance followed) and pave the Valley over. Every large COMMISSIONERS COURAGE to reject this MOU in its entirety. thrown to the Valley. landowner in the Valley would then consider the COURAGE to be patient with citizens who speak at By my conservative estimate, the County is prospect of seeking restoration of lost development the lectern. Frank Cumberland, granting a density increase from 1218 units to 2800 rights that were sacrificed as part of the General COURAGE to abandon typical favoritism to development. Huntsville units, or a 1,582 unit net increase from that which Plan. Such a deal! The County Commission approved by the planning commission original- designed and approved the General Plan; and now Attend Public Hearing on June 1— Democracy works best was ly. This is tantamount to $47,460,000 of additional are they considering the abandonment of their comnet revenue to the developers of which they return, mitment? The gravity of this MOU germane to the when people participate over time, $1,350,000 to the Valley. The $1,350,000 future of Ogden Valley is immense. Valley citizens The contents of the proposed new monster-like of wealth in that down zone to help keep our community discounted to present-day value would be less than need to understand what is happening here and make memorandum of understanding and future development values intact. Unless the Commissioners vote against $400,000 (I have assumed that the net increased their feelings known at the Public Hearing on June 1 agreement between Weber County and Pronaia, the the MOU on June 1, we may just give those units away density value would be $30,000 per unit). by speaking out or attending the meeting. Powder Mountain development group, as well as the to a developer who has used, I believe, every unethiIn addition to the money received over the entire I suspect that the developers have made a bad process that produced it, has the mouth of an alligator, the cal tactic in the book to manipulate the system to gain “build out” period, the Valley citizens are burdened deal by paying too much for Powder Mountain and more entitlements than the current planning and zoning arms of an octopus, the tentacles of a centipede, and the with heavy construction traffic, more visitor traffic Eden Heights, especially in this economy. Their stench of a skunk. Its adoption would be unfair to every ordinances allow. than the present infrastructure can handle, increased only way out of the box is to increase density and Make your voice heard. Our commissioners say they law-abiding citizen in Ogden Valley. air pollution, water issues, significant wildlife con- sell lower priced units. This has happened in Park I favor private property rights. I favor ski resort are keeping an open mind on this issue. They represent cerns, and, most importantly, a “precedence set” that City in the past with the result being a degradation development at the Powder Mountain Resort. I favor all affected citizens, not just the 57 families in the pro- all future developers can and will seek—get ready of design, quality, and surrounding property values. allowing all land owners and developers to develop posed Powder Mountain Town. Not just the developers. for more law suits. Why should the County and Valley Citizens be Contact them and encourage them to vote against 100% of the building unit entitlements that are legally The point being that the money offered by the asked to foot the bill for someone else’s mistake? attached to their land. I favor Pronaia’s right to develop this MOU. Come to the meeting on June 1 and be seen developers is insignificant and irrelevant when considLet the developers take their hit and move on, it all of the building unit entitlements that were legally and be heard. ering what is at stake regarding the Valley’s future. is happening every day. attached to the Powder Mountain land when they purThe 1.5% transfer fee for both developments is chased it—all 1,218 building units that the Ogden Valley Kirk Langford, highly questionable with regard to its legality and Richard C. Webb, Planning Commission approved when Powder Mountain Eden who gets the money. It is not appropriate to even Liberty first applied for a rezone. I don’t favor the Weber County Commission overturning our Ogden Valley Planning Commission and handing out an additional 1,600 building unit entitlements, and possibly another 1,500 +/- or more for Eden Heights. I strongly oppose government handouts to developers with special influence when the rest of us have to live and play by the rules—especially developers who manipulate the process, who buy expensive lobbyists like Greg Curtis (former speaker of the Utah House of Representatives who was voted out of office not even a year earlier) to help suppress Representative Gage Froerer’s house bill in the senate so it “will never see the light of day.” Pronaia fiercely lobbied against a bill to allow the people their right-to-vote; a bill simply written to allow for an up or down vote, for or against incorporation. I’m sure we all thought voting for our elected government officials was a fundamental constitutional right. The Powder Mountain Town incorporation case is currently in front of the Utah Supreme Court. The court may in fact rule that citizens do have a constitutional right to vote if the case doesn’t get dropped as a quid quo pro for the 1,600 units first. If the court did rule in favor of the citizens, and it very well might, the issue would be over. Done. Finished. We could go back to following the general plan—a plan that has a clear path to resort development called the Resort Zone. It’s a part of the Recreation Element of the Ogden Valley General Plan. The developers could follow this plan and end this fiasco. But they won’t; they want entitlements given to them. Gage’s bill was designed to over-turn the unintended consequences of a bad Utah law (since rescinded) that allowed the Powder Mountain developers to force people into a town where they can’t vote for their elected representatives, and where they’d have to settle for government representatives appointed by the developers—developers who appoint and control those officials so they can control zoning laws to increase density, and other laws that favor their financial interests only—above all, the other interests of the rest of the citizens-at-large in the community. Come on. Is that ethical? Is that fair? Are these the lessons we want to teach in 8th grade civics to our children? Are these the business ethics we want to teach in our business schools? Do anything, say anything, and manipulate anything and everything regardless of who gets hurt or who gets suppressed. Sounds like Wall Street banks selling financial mortgage derivatives. It didn’t work on Wall Street. It won’t work in our community. It’s “snake oil” pure and simple. In 1998, after a couple years of intense, active, widely attended public meetings Weber County Commissioners passed the Ogden Valley General Plan. More than a majority of citizens supported down zoning in the Valley from one building unit per acre to one building unit per 3 acres as part of the plan. Large landowners lost a lot BE HEARD. BE SEEN. BE INVOLVED! COMMISSION DECISION WILL DIRECTLY IMPACT EVERY CITIZEN IN OGDEN VALLEY! -- Weber County Commission Public Hearing -- June 1, 2010, 6:00 p.m. Weber County Commission Chambers Attend the hearing on Proposed Powder Mountain Rezone Petition #18-2006 The hearing will Include Consideration of a Memorandum of Understanding (MOU) – a precursor to a more comprehensive & binding Development Agreement between Weber County & Powder Mountain Developers. Laurie Van Zandt (801) 388-8103 Among other things, the MOU proposes that Weber County give Powder Mountain Developers an additional 1,600+/- building units over the previously approved plan. The Ogden Valley Planning Commission Previously Approved the Resort Development Rezone Request at 1,218 Units. It also appears to tie Eden Heights, phases 1 & 2, at the bottom of the canyon to the Development Agreement, which may then include another large building unit give-a-way that exceeds allowed density under the current zoning ordinance. 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