Orem council approves six-month moratorium on building in State Street districts on a 4-3 vote

Decisions at a glance

Agenda, item by item

1. Zoning

   Moratorium on construction in State Street districts (City Center, Hub, Canyon Crossing, Arts and North Village)

   Approved · 4-2 · City Center, Hub, Canyon Crossing, Arts and North Village District zones along State Street

   Deputy City Attorney Steve Earl told the council that Utah Code 10-9a-504 allows a moratorium only on a finding of a compelling countervailing public interest, and that Utah has no case law on whether traffic or height concerns qualify; he could not predict how a court would rule. Earl said staff regards the Wright Development site plan as within and adjacent to a residential zone, so a neighborhood meeting was required before the application could be complete and the developer had no vested rights. Attorney Stephen Mouritsen, representing Wright Development, said the Arts District is a mixed-use zone, the site is separated from residential zones by a city-owned right of way, no meeting was required, and the project had been in the works about three years. A Wright Development representative said the project would be apartments and that a bank proposed there four years earlier had been denied under new zoning. Council Members Spencer and Peterson cited traffic, road capacity and the delay of bus rapid transit, with Peterson also citing parking and water use; Mayor Richard Brunst said the city uses 62 percent of its available water and that traffic was not an emergency, and said he would leave the Hub and North Village districts out. Council Members Debby Lauret and Brent Sumner said they saw no compelling interest and warned of legal challenge, and Lambson said he would support it, citing a resident's concern that housing is becoming mostly rentals. Spencer said the council wanted to review all State Street districts after changing the North Village rules. The council heard 15 speakers.

   • Duration: not to exceed six months
   • Applies to: erection, construction, reconstruction or alteration of any building or structure, and subdivision approvals
   • Alternative considered: temporary regulation on height, parking, setbacks and residential uses
   • Legal basis: Utah Code 10-9a-504

   Moved by Council Member David Spencer, seconded by Council Member Tom Macdonald. Vote: 4-2 among council members; Mayor Richard Brunst also voted no. Council Members Debby Lauret and Brent Sumner voted no.. Voting no: Council Member Debby Lauret, Council Member Brent Sumner

   Follow State Street districts moratorium in the development tracker →

   Follow Wright Development Group site plan at former Meadow Gold Dairy in the development tracker →

What residents said

Traffic on State Street and 400 EastParkingHigh-density housingLegal risk of moratoriumWater useNeighborhood meeting requirement

Speakers at the 6:49 to 7:34 p.m. hearing mostly supported the moratorium, citing traffic, parking, neighborhood character, the intent of the State Street master plan and the pace of rental housing. Some said the master plan lacked public backing when adopted. One speaker said government should restrict private property as little as possible and that residential and commercial uses can coexist; another said housing is not affordable but that no housing is not an option. A Wright Development representative spoke for the project.