The Grantsville City Council will turn to a justice court judge for advice concerning a reconsideration of a rezone of commercial property along state Route 112 following its meeting on Oct. 4.
A decision on the reconsideration of the rezone was tabled at the previous city council meeting on Sept. 20.
The rezone, which would change 5.05 acres of a 12.5-acre parcel from a commercial zone to a high-density residential zone, was originally defeated in a 3-2 vote in June. Councilman Mike Colson recused himself in the initial vote and Grantsville City Mayor Brent Marshall broke the tie in favor of denial.
The city’s board of adjustments sent the rezone back to the city council for reconsideration, but Councilman Tom Tripp said he didn’t believe the board acted properly in sending the rezone back to the city council. The board of adjustments did not identify a portion of the city code that was violated and merely sent a recommendation based on new evidence provided by the developer at its meeting, he said.
“I think there’s no reason to vote again,” Tripp said. “I don’t think we have grounds to vote again. I think what we did was have the board of adjustments suggest there were other things that came out that they hadn’t heard before.”
During the Sept. 20 meeting, the rezone was tabled with a recommendation the developer, SR-112 Development, look into a planned use development. During the Oct. 4 meeting, the developers said a PUD would not work as the commercial zone does not permit residential housing.
Tripp made a motion to send the matter of the rezone to Judge Ron Elton of Grantsville City Justice Court for review and the council would abide by his decision, which was defeated 3 to 2, by Councilman Neil Critchlow, Councilwoman Krista Sparks and Colson.
Sparks suggested voting on the rezone before sending the rezone to Elton so a decision would already be on the table, pending Elton’s decision. A motion to vote on the proposal and send it to Elton passed by a 3 to 2 vote, with Sparks, Critchlow and Colson in support.