There Is A Better Way

This piece is prompted by comments I have received lately from concerned individuals in my neighborhood and elsewhere in Eagle Mountain. The concerns arise out of plans to develop property adjacent to my neighborhood and to other areas where homes have already been built. The apprehensions are legitimate. In fact I am more than sympathetic to the concerns expressed, they are my concerns too. The essence of the issue is preserving the character of existing neighborhoods.

This is an excellent opportunity to discuss an important principle of government: "The Rule of Law." It should also serve to get the attention of the citizens and get them involved in an upcoming dialogue -- hopefully a city wide dialogue -- about our General Plan and Development Code.

My friends, neighbors and fellow residents come to me and ask if I won't simply vote against any development next to us that would be of a different character than what already exists in our neighborhood. Unfortunately, under the current circumstances I can't do that and be true to my principles. I believe that the law means what is says and should be binding on both the citizens and the government. Otherwise there is government by caprice, the rule of law is violated, and trust with the people is broken.

I'd like everyone to imagine him or herself in this scenario. You're driving down the freeway, making special note of the posted speed limit and conscientiously monitoring the speed of your vehicle to comply with the speed limit. You have planned this important trip carefully and you know you'll make it to your destination on time if you go the speed limit. You are driving in perfect accordance with the traffic laws.

Despite your meticulous obedience of the law, you are pulled over by a police officer and given a ticket for speeding. You ask the officer how fast you were going. He says you were going the speed limit, hands you your ticket and sends you on your way. Of course you are now behind schedule to arrive at your destination. How would you feel? Would you feel you were being treated fairly by your government? I dare say you would not.

Would it make you feel any better if the officer, or a judge, explains that all the other drivers the other lanes were going ten miles under the speed limit, so you should have to too, even though the law allows you to go the speed you were going? Or how about if you were told that every single person on the road that day was being given a ticket for going the posted speed limit, or that the same thing was being done in other cities? Would that make it all right? I can tell you it wouldn't make me feel any better.

The Development Code, the law that regulates development in our city, is the law. I believe that it is unfair to land owners and individuals in the business of land development to provide them a law, have them comply with the requirements of the law, make investments based on the requirements of the law, and then deny them approval for their projects when they have complied with the requirements of the law.

I acknowledge that those in Eagle Mountain government in the past have not governed according to the principles that guide my decision-making. In the past the city government withheld approvals and forced landowners and developers to do things not required by the Development Code. I am sad to say that this occurs in other cities as well. But to the extent it is within my power, I will not perpetuate a bad precedent just because it is a precedent. I will not do something I know to be wrong just because it is done elsewhere, especially when there is a better, fairer, way to address the situation.

As you may know, I proposed several improvements to our existing Development Code in the spring of 2003. Among my proposals were buffering and transition requirements for lot sizes. There are no such provisions in the current code. This proposed standard would go a long way to address the very legitimate concerns of my neighbors and others in the city. And the requirement would be in harmony with property rights cases decided by the United States Supreme Court. It would also give fair notice to developers and landowners that the law requires these standards to be met in Eagle Mountain.

Unfortunately, a great deal of misinformation was spread about the contents of the proposed code last year. A shrill minority of residents along with three City Council members successfully collaborated to kill the proposed new code that would have made into law these very buffering and transition requirements.

I hope my neighbors and others in the city understand that I cannot in good faith deny approval of a proposed development when it is in full compliance of the requirements of the law. This is true even if I personally, passionately disagree with the substance of the law, the Development Code, as I do in this case.

There is a process for changing the law. If the rule of law means anything we must abide by it. I therefore hope that those in the city who wish to see improvement in our substandard Eagle Mountain Development Code will take an active part in the upcoming discussion of this important matter. It is not too late raise the appropriate standards in the law in time to have them apply to developments that are on the horizon. I have committed to reintroduce my proposed changes to the Development Code. If it is to pass this time the voice of the majority must be heard.