Peterson's Attorney Wrote Proposed "MU" Zoning Ordinance

Updated 12/5/06

Ogden Sierra Club December 4, 2006 Press Release:

Records recently obtained from Ogden City show that Tom Ellison, a Salt Lake Attorney representing Chris Peterson, drafted a proposed new zoning ordinance that the Planning Commission will consider this Wednesday.

The city provided the records to the Ogden Sierra Club in response to a request pursuant to the Utah Government Records Access Management Act (GRAMA). Most of the relevant records consist of email messages between Ellison, Ogden City Attorney Andrea Lockwood, and Ogden City Planner Greg Montgomery, with successive drafts of the proposed ordinance attached. The earliest draft came to the city from Ellison on August 16. Subsequent revisions by Lockwood and Ellison consisted of minor clarifications that did not alter the essential features of the ordinance (see below for an example). Roughly 90% of the language in Ellison's August 16 draft remains in the version of the ordinance now being considered by the Planning Commission.

The ordinance is titled "Mixed Use Zone (MU)", but it is actually a general-purpose zoning ordinance that could accommodate virtually any type of use. In a letter to Mayor Godfrey dated July 21, Peterson asked the city to adopt such an ordinance, referring to it then as a "Planned Community Development Zone." Much of the language in the ordinance was borrowed from a similar "Specially Planned Areas" ordinance adopted last year in Iron County to facilitate large resort developments. Ellison was also involved in drafting the Iron County ordinance, on behalf of a client who is now developing a resort near Brian Head.

In his November 1 staff report recommending approval of the new ordinance, Montgomery makes no mention of how the ordinance was drafted, or of Peterson, Ellison, or Iron County. Rather, the report claims that the ordinance is intended to allow the development of high-density urban mixed use centers and villages, as identified in Ogden's General Plan. The ordinance itself, however, does not seem to require mixed use, and could potentially be applied to any parcel of land in the city. The ordinance simply states that the allowed uses in an MU zone "shall be those uses specified in an approved development agreement . . ."

Ordinarily, a "mixed use" zone would be applied only in areas where high-density development is desired. It would include minimum density requirements and other elements to encourage an urban, pedestrian-friendly atmosphere. Many cities have used such ordinances successfully in recent years to promote redevelopment and economic growth. An example would be Ogden's existing Central Business District (CBD) zone, which was recently expanded to include the River Project.

The records recently obtained from Ogden City also show that Ellison's office played a role in drafting an extensive revision to Ogden's Sensitive Area Overlay Zone ordinance. The revision would remove the current prohibition against building on slopes steeper than 30% within the overlay zone. After a lengthy public hearing on November 1, the Planning Commission tabled that proposal until February.

Another email exchange between Ellison and Lockwood discusses how they should respond to press inquiries about his involvement in drafting the proposed ordinances.

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We invite our gentle readers to read the full press release here. It's chock full of details, documents and links, and paints a picture that isn't very pretty, in the face of assurances from certain of our Emerald City public servants, that the two zoning and planning ordinances which are suddenly and feverishly being rammed down the townsfolks' throats "have nothing at all to do with Chris Peterson, or the Mt. Ogden Park land-grab."

Comments are invited, of course, once you've taken the time to read this blockbuster article, and to fully digest the revealing evidence which is meticulously embedded therein.

Have at it, folks; and don't forget to get back to us with your own 2¢.

Update 12/04/06 11:45 a.m. MT: Don't forget Tom Ellison's Iron County crafted, rurally-designed MU ordinance will be coming up for consideration, discussion and/or approval by the Planning Commission, in the Emerald City council chambers, @ 5:00 p.m. on Wednesday, December Six (6).

And we dutifully provide a handy Planning Commission contact link, just in case some of the folks would like to contact our appointed Emerald City Planning Commissioners, and register our gentle readers' views re this pending idiocy, in advance of Wednesday's commission meeting. (This updated link is also available in out WCF upper-left sidebar.)

Update 12/4/06 1:34 p.m. MT: The danged best reporter in northern Utah is now onto this story. We link Kristen Moulton's afternoon article here. We also thank one of our 'anonymous" readers for the heads-up.

Update 12/5/06 8:14 a.m. MT: The Standard-Examiner's Jordan Muhlestein picks up on the Ellision Ordinance (Mixed Use Zone) story this morning, in classic Std-Ex he said/she said style. The Sierra Club's Dan Shroeder continues to press the argument that the proposed ordinance, drafted and submitted by Peterson's "mouthpiece, is specific to the Mt. Ogden Parklands Landgrab, while Andrea Lockwood, Boss Godfrey, and the usual pack of Godfreyite suspects contend that Lockwood's "revised" version is designed to implement improved general planning/zoning policy only.

Mr. Schroeder argues that the two versions are substantially (and substantively) identical, whereas Lockwood claims her version is new work product.

Adding surreal frosting to the cake, Boss Godfrey's minions now contend that the adoption of the obviously project-specific Ellsion Ordinance is perfectly OK, and grounded upon "standard practice" -- i.e., that it's perfectly normal for a city to completely up-end its existing planning/zoning scheme, in order to accomodate a yet uncommitted developer-suitor.

As an added bonus, the Std-Ex has uploaded both document versions to their website, inviting diligent readers to make their own comparisons between another 18 pages of turgid legalese. You can be the judge of whether the proposed MU ordinance is a brand-new approach, or merely a Tom Ellison knock-off.

WCF Compliments also go out to the Standard-Examiner for its fresh new website design (which is unveiled this very morning,) and to Curmudgeon, for coming up with the brilliant "Ellison Ordinance" moniker.