Kit Burton's Letter to Kraig J. Powell
Kit Burton is thee historian on Francis City issues and is an invaluable resource to us all. Let us all acknowledge all the time and effort he puts into helping the town of Francis. Kristi M
Please Click on the comments to read the complete letter.
Please Click on the comments to read the complete letter.
posted by OakleyWeather.com at
8:56 AM
2 Comments:
December 14, 2007
Kraig J. Powell, Esq.
Tesch Law Offices
2 South Main Street, Suite 2-D
Heber City, Utah 84032
Re: Proposed River Bluffs Subdivision Plat Amendment
Dear Kraig:
This letter is written on behalf of Wild Willow Limited Company and Wild Willow Horse Owners Association in opposition to the proposed amendment to the River Bluffs Subdivision Plat, which was approved last April. Specifically, the amendment to extend a road from Overlook Circle through Wild Willow to Wild Willow Drive coupled with the recent proposal to funnel traffic onto to Aspen Road will severely impact if not destroy our effort over the years to create an equestrian community.
During the past year I have attempted during council meetings to articulate the reasons why the road, at the very least, is premature especially without any guarantees as to minimizing safety concerns. This issue will again be addressed in the upcoming December 18, 2007 Council meeting. As the November 26, 2007 Staff Report (“Staff Report”) did not address critical facts, I am writing this letter to supplement the record in order to place the Town’s proposed action in its historical and contractual context of Wild Willow’s own Amended Master Plan approved by Town of Francis over ten years ago.
As you are aware the Development Agreement dated March 10, 1998 (the “Agreement”) between the Town of Francis and Wild Willow Limited Company adopted an Amended Master Plan which inter alia recognized the design change of Wild Willow’s Phase II to provide the opportunity, for those who so desired, the ability to own, raise and ride horses. This was a complete change from the original Master Plan that did not provide for horse trails or any open space which people could use daily. In connection with Phase I, Wild Willow did provide the Town almost 9 acres of open space for a potential park.
To this end, Wild Willow re-engineered the development and created fifty-seven horse lots accommodating over one hundred horses. Each horse lot owner could use 2.82 acres of open space to be used and preserved ( by restrictive covenants) as horse trails and exercise areas. The bridal path was designed so that riders could have easy access to the arena from the road system. To date forty-five horse lots have been sold. The Agreement further mandated that Wild Willow form an owners’ association for the maintenance, upkeep and use of the open space. In May 1998 Wild Willow Horse Owners Association was created to own and maintain the open space which it has done for the past nine years.
During the negotiations resulting in the Amended Master Plan, all parties recognized the importance of creating and maintaining an environment not only conducive to use by future horse owners but all Wild Willow residents. In this respect, consistent with the rural and agricultural character of the community and to enhance equestrian use, no curb, gutter or sidewalk were required as the topography and the large lot size provided for on-site percolation. To this end, Wild Willow specifically designed and the Amended Master Plan approved an equestrian community with a bridal path which accessed a 2.5 acre arena by Wild Willow Drive on the south and Aspen Road on the north.
The initial design did not contemplate a road as set forth in the Staff Report. In fact, in December 1997 Wild Willow’s counsel proposed as part of the Amended Master Plan that protective strips be used to provide access to adjoining properties, not roads. Such strips would allow future developers to access utilities while prohibiting traffic from interfering with the horse owners’ use of the arena, bridal path and roads. Only after further negotiations did the parties agree to stub roads to the adjoining properties and then only with the understanding that the Town would not allow future traffic to negatively impact the equestrian use.
At the time, the zoning of the property to the south (River Bluffs) as well as the Phase 2C property to the north prohibited high density development. Wild Willow and the Town relied upon this zoning during their negotiations; the result was the equestrian design incorporated in the Amended Master Plan. If the adjoining properties were developed they would be done in a manner that would not endanger access to the horse arena and the use of the development’s road system. At all times during the 1997 and 1998 negotiations, the Town knew how important controlling the amount of traffic was in connection with creating a community where neighbors could safely walk as well as ride horses.
Simply put, subsequent developers and the Town would have to first consider what impact they would have on Wild Willow residents’ vested rights under the Amended Master Plan before obtaining approval. This has not been done to my knowledge. To the contrary, nothing in the Staff Report addresses the key issues addressed years ago, i.e. the necessity of maintaining Wild Willow’s rural and agricultural character and the ability of residents to safely enjoy their community. While the Staff Report cites the safety of Hilltop Road as a reason for now amending the plat, no mention is made of what impact the increased traffic will have on the safety of all Wild Willow residents. In view of the vested rights of Wild Willow residents created by the 1998 Development Agreement and Amended Master Plan, the Town cannot simply amend the River Bluff’s plat without first considering how it will impact their safety as well as economic interests.
Even assuming Wild Willow’s Amended Master Plan did not exist, some thought must be given to how the increased traffic will change the Wild Willow community. One thing is certain– the road will result in increased traffic into Wild Willow Drive. This, coupled with the recent proposal to channel traffic from the LDS church cul-de-sac south into Aspen Lane, creates a safety issue far greater than that associated with Hilltop Road. Yet, to my knowledge no attempt has been made to analyze dangers posed to Wild Willow residents while every attempt has been made to expedite the approval of the amendment with staff reports which are completely silent in that regard.
In conclusion, Wild Willow and Wild Willow Horse Owners Association urge the Town not to precipitously amend River Bluff’s final plat. What the parties bargained for and agreed to ten years ago must be considered before the Town takes any further action This is a small request in view of the safety risks as well as the impact the amendment will have on the rural and agricultural character of the Wild Willow community.
Sincerely,Christopher L. Burton
From: Karen Walterson
Sent: December 14, 2007
Subject: Francis Town Council Meeting 12/18
To the Francis Town Council Members,
There is strong suspicion that the final ’07 Town Council Meeting will result in a rushed-vote to ignore the twice-made recommendations by the Francis Town Planning Commission to approve River Bluffs subdivision with a walking trail connection to Wild Willow. I cannot comprehend the mindset of council members who would willfully vote against their Mayor-appointed planning commission’s twice-reviewed recommendations, the River Bluffs Developer’s own submitted plan, and unanimous resident voice all who support the walking path. In addition, this current plan affords the option of the developer-paid road if within 7-years the need is determined. A hastily pushed vote against all of this insight is dubious at best.
I have submitted letters initially outlining my grave concerns for routing commuter-traffic thru the Wild Willow Equestrian subdivision. When the Planning Commission and (you) Town Council voted in favor of the walking path, I thought this was a well-negotiated 7-year solution. To hear this is suddenly being reviewed again and that the planning commissions 2nd recommendation may be ignored leaves me stunned and skeptical.
I am re-submitting my letters of concern for your review prior to the meeting on 12/18. I will be present along with many concerned residents of Wild Willow your constituents. It is curious, that while the 11/27 Staff Report cites the safety of Hilltop Road as a reason for now amending the River Bluffs plat, no mention is made of what impact the increased traffic will have on the safety of all Wild Willow residents. You will have the opportunity to see and hear from these residents who will not accept a commuter road into our equestrian neighborhood quietly.
I respectfully ask you to do the right thing, and vote for safety. Vote for the option to evaluate the need for a road; by voting to keep the River Bluffs plat as currently designated, and approved with a walking path connection to the Wild Willow Equestrian neighborhood.
Sincerely,Karen Walterson
Citizen of Francis
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