By Myrna Trauntvein
Times-News Correspondent
Residents of South Towne Estates do not like the idea
of having apartments built in their subdivision.
Nine of them attended Nephi City Council meeting to
protest the construction of multi-family dwellings being
built in the subdivision.
Kurt Lainhart, whose name was on the agenda as
spokesman for the group, submitted a list of concerns of
those who are protesting the construction of the
three-dwelling unit now under construction and the
possibility of others.
"There are four large lots where multi-family units
may be built," said Chad Brough, mayor.
If three-plexes are built on all three lots there is a
potential increase of 18 vehicles&emdash;two per household
with nine households, according to information assembled by
the current members of the subdivision.
At present, said Lainhart, there are 12 households
with 22 children under the age of 11 living in the
subdivision.
The group submitted a list of concerns they had about
the construction of the planned apartment complexes.
Those protests included: owners sacrificing renter
standards to bring in the rent so the mortgage could be
paid; transient renters in the neighborhood increasing the
potential for unwanted, unknown dwellers; unacceptable
activities brought into area by apartment dwellers; and
diminished opportunities for current owners to sell
homes.
Multi-family zoning is not disclosed before the
purchase of property, said Lainhart.
"Many of the families would not have purchased their
property if they had known," he said. "Families are staying
away when they discover what the plans are (to build
apartments in the subdivision)."
Contractors who begin building homes are unaware of
zoning for the area. Those who are building homes on
speculation are hurt because of the lessened ability they
have to sell the home once it is completed.
Nine residents of the South Town Estates subdivision,
located in the northeast section of Nephi, protested against
allowing multiple family dwellings to be built in the
subdivision.
Brent Arns, Kim and Kurt Lainhart, Annette and Matthew
Black, Todd and Angela Roundy, Greg Rowley and Jared
Eldridge attended city council meeting to challenge
developer David Hardy's right to sell property for that
purpose.
Property owners were also concerned about the
construction of the Sun Ridge Ranches, planned to be built
to the southwest of South Town Estates, and the affect the
increase in traffic would have on the children of the
area.
"Traffic is a problem on 400 East all the way to 100
North," said Richard Paxman, council member. "More dips
could be put in as a curb to those who travel too fast."
Brough said it would be a good idea to post signs
warning drivers that young children lived along the busy
street.
Drainage dips across streets also helped curb fast
driving, he said. However, it was not clear if there would
be a drainage ditch in that section.
As for the lots sold to build multiple family units,
there was little that could be done, said Brough,
particularly if Hardy had already sold the lots. In one
instance, a three-plex was already under construction. As
for the other lots, Hardy would have to agree to take less
money for the property in order to allow single family
dwellings to be built on the lots set aside for large
units.
Restrictive covenants in Nephi, at this time, were not
of a great benefit to homeowners, Brough said.
"In this town, at this time restrictive covenants
don't work," he said. "Because you are friends with your
neighbors and do not want to cause trouble with them, as we
are in Nebo Heights, you are not willing to do what it takes
to make them work."
The problem in South Town Estates, said Eldridge, was
that whoever should pass the information along about the
restrictive covenants, did not.
"Greg Rowley was the only one (of those who had built
homes to date) who got a list of restrictive covenants,"
said Eldridge.
Most builders who worked at the subdivision were not
aware of the plan to build multiple family dwellings as part
of the subdivision. If any of them were aware of the units,
those builders did not pass the information along to
purchasers.
"Covenants are not enforced by the city," said Randy
McKnight, city administrator. Therefore, city staff does not
hand-out copies of those covenants with the building permits
for any of the subdivisions.
Those who purchase property should always check the
plat plan of the subdivision in order to make certain that
the plan fits with their needs, as buyer.
"This subdivision was proposed and approved while the
property had been zoned to allow multiple unit housing,"
said Chad Brough, mayor. "The zoning was later, as of April
4, 2000, changed."
As a result of the zone change, said Brough, Hardy had
requested a clarification of his rights to develop under the
zoning in place at the time of the approval of the
subdivision.
"The council determined that Mr. Hardy had the vested
right to develop certain of the large lots as multiple unit
housing and gave Mr. Hardy a letter documenting his vested
right," said Brough.
Originally Hardy had the right to construct multiple
units on all the property, he said. When the city changed
the zoning for the area, Hardy could, legally, have stayed
with the original development plan. However, he voluntarily
had agreed to change his design.
The whole town's zoning plans were affected by the
changes, said Brough. As a result, multiple public hearings
were held and many residents took advantage of those
hearings to enter comments.
Those comments were considered and some of the citizen
ideas were added to the zoning ordinance.
"I don't know what his duty, as a developer, is to let
people know what the plans are for each of the building lots
in the subdivision," said Brough. "Whose responsibility that
is&emdash;the developer, the builder, the real estate agent,
the buyer&emdash;I don't know."
Had the home owners in the development known about the
plan to construct multiple family dwellings in the
subdivision, some of them would not have built there.
"Let me read from the letter we gave Mr. Hardy," said
Brough. "Approved for multiple family units are, quote:
'Specifically, lots 2 and 3 of plat C, lots 5 and 6 of Plat
E, and lot 4 of Plat G may be developed as allowed in zoning
district R-3 in the Nephi City Zoning ordinance adopted July
16, 1996, including density, lot size, setbacks, and all
other requirements.'"
Those who purchase property should ask about the
long-range plans for the area.
Plat maps are available and they do show the plans for
the subdivision. "Plats divide the land," said McKnight.
"This subdivision had several plats&emdash;plat A, plat B,
plat C, for example&emdash;which were proposed to be built
segments"
|
