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Council denies rezoning request near Big Willow Creek after extensive neighbor opposition

Draper City Council · August 6, 2024
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Summary

Council denied a request to rezone a 1.57-acre parcel from RA-1 to RA-2 after neighbors raised concerns about spot zoning, sewer access and preserving rural character; the applicant offered a possible development agreement but council voted to deny the rezoning and suggested the applicant may resubmit with a development agreement in future.

Staff presented a request to rezone approximately 1.57 acres near 700 West from RA-1 (1-acre minimum) to RA-2 (0.5-acre minimum). The planning commission had forwarded a negative recommendation (3–2) citing adequacy of facilities, especially sewer access.

The property owner (speaker 19) said he and his family planned to live there and had concerns the code could change; he asked for the flexibility to subdivide the parcel in the future. Numerous neighbors spoke in opposition, citing the area's one-acre lots, horse keeping and the desire to retain rural character; some called the rezoning a form of "pocket zoning". Applicant counsel Paxton (speaker 31) offered to submit a development agreement limiting lots and prohibiting ADUs, and asked the council to continue the matter to allow that parallel application. Council members debated the merits and risks of spot rezoning and development agreements; the council voted to deny the rezoning unanimously and encouraged the applicant to consider a development agreement if they wish to pursue a future proposal.