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Planning commission recommends denying rezoning request for Parcel 20-4532
Summary
An attorney representing the out-of-town owners asked the commission to rezone a 5-acre parcel to commercial because airport expansion makes residential use impractical; commissioners expressed concerns about spot zoning and the absence of Heber City’s airport overlay map and voted to recommend denial to the Town Council.
The Daniel Planning Commission on May 20 heard a rezoning request for Parcel 20-4532, a roughly five-acre property near the Huber Valley Airport. Chase Chamberlain (speaker 16), an attorney with the Gordon Law Group representing the absentee owner John Cole, asked the commission to rezone the parcel from residential (RA-5) to commercial, saying FAA airport expansion and compatibility requirements will preclude future residential use and that nearby properties that converted to commercial sold at much higher per-acre values.
Chamberlain said a comparable five-acre neighboring property reportedly sold for about $550,000 per acre as commercial land versus a residential appraisal for the Cole property of about $350,000 per acre. He said his client is not proposing commercial development but wants the same opportunity afforded to neighboring owners so the owner can obtain fair value if the airport ultimately acquires property.
Commissioners and residents raised objections: several commissioners called the request “spot zoning,” questioned whether the map of Heber City’s airport overlay and the scope of future airport acquisitions were available, and worried rezoning could create development precedent up the 3000 South corridor. Multiple commissioners said they wanted evidence of Heber City’s plans before recommending rezoning and cited potential tax and planning impacts.
After discussion, a commissioner moved that the planning commission recommend that the Town Council deny the rezoning request for Parcel 20-4532. The motion carried on a roll-call vote. The commission’s action is a recommendation to the council; the council will consider any final zone change action at a later hearing.
