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Show 'era two and one-half hour discussion about allowing Pment in mountain areas in the east of Bountiful, a 't!l'toa"ow restricted development was defeated on a i!h!S MEANS the city is left with its present ordinance, "Oi does not prohibit building above the 5250 foot level, Provide extra restrictions but does allow for extra rest's res-t's in condominium developments, i wmncilmen Sterling Beesley and Dean Stahle voted for ' iM r build'"g. while Councilman Phyllis Southwick : Jjan1' Don Perkins and Warde Tolman voted A s3"iSENING discussion Mayor Morris F. Swapp I i VeTs"1'' wam something that will be an eye sore ! n-Min.wemustbefairwithdevelopers." wem through the condominium discussions H u80 ma"y feared tne mlls would be covered with NoiT0 S0me of who most vi8orously ppsed . ""mums are living in them, the mayor said. ! 4 bIR SAPP noted that developers of Maple Hills .tsT' Faired by the city to build some expensive Wr H. future development is necessary for them to sih rcosts- ne council began discussion, Councilman Dean i Stahle read some proposed requirements that could be placed on building at higher elevations. THESE included such items as: larger lot size, allowing minimum tree and oak brush removal, homes must blend with natural landscape, much as in Summit Park development. If land is needed for city functions, such as a fire station, the developer would have to donate it. The proposals would allow narrower than usual streets if this would help to maintain the natural landscape. COUNCILMAN Sterling Beesley noted that many residents say "We shouldn't allow building in 'our' hills. This is where they have a misconception," he noted. The hills do not belong to them, or to the city. This is private land, the same as any other land. And there can be no buildingon federally-owned forest land, he said. Councilwoman Phyllis Southwick said there should be no building in the mountains until a county mountain and water study is completed, and until the city's master plan study is compete in about two years. I THINK we should stop all development until that time, she said. Then we will have the results of studies and additional ad-ditional thinking. Councilman Don Perkins said he has had reservations about this building all along, and though he voted toannex the land and rezone it, he still feels it should not be built on. FORMER planning commission member Darryl Nelson said he charges the council with responsibility with wasting wast-ing the $25,000 to $40,000 being spent on the master plan. If you allow this building, the master plan will mean nothing, he said. He asked for a moratorium on building above the 5250 foot level. BRUCE Broadhead, developer of the Chelsea Cove area, spoke'in behalf of his competitors, and spoke of financial risks in building, and the ethics of changing the rules at midpoint. Others in the audience spoke both for and against building build-ing higher. COUNCILMAN Dean Stahle said he though the battle of 5250 had been fought and decided when the land was annexed an-nexed and rezoned. The right to own and use property has always been a basic right in this country. Even though governments now control that use widely, the basic right is still important, he noted. 1 FEEL we have led the builders to believe they would be allowed to build. We annexed the property, and rezoned it in one case, he said. It is not fair now to try to change that. As far as a master plan is concerened. it will be needed even if this development is allowed, he continued. BUT 1 can't conceive that the master plan could give us more than one of three possible answers. It might say there is to be no building. Or it might say building may continue as the ordinance presently allows. The last possibility is it might say to allow building, but with severe restrictions. That is what we are saying here, he noted. CITY ATTY. Layne Forbes said the right to use property is not absolute. However, the city's right to control its use is not absolute either. If the city said there could be no building at all, it would amount to confiscation without payment, he continued. The city does have the right to restrict building, he said. AFTER THE motion to draft a restrictive ordinance was defeated, Mayor Swapp questioned the city attorney on future possibilities. If this goes to court, and the court rules they may proceed, does that mean the city could not then apply restriction? res-triction? Mr. Forbes said he though present ordinances would still apply. |