At its last city council meeting, Farmington officials approved re-zoning Somerset Hallow, Somerset Farms, Farmington Orchards, Oakridge Farms, Quail Run and a couple others from R-2 to R or LR. Officials said those subdivisions were meant to be single-family subdivisions. However, the American Civil Liberties Union of Utah and developer Ron Martinez questioned officials on what this re-zoning would really mean.
“The ACLU is concerned about the impact of this action on low-income, elderly and other classes of individuals who commonly make use of multiple family residences,” wrote ACLU of Utah staff attorney Marina Lowe.
Farmington City Mayor Scott Harbertson read a letter from the ACLU aloud during a public hearing this week while the subdivisions were re-zoned. The letter also states concern about comments made from Farmington City planning commission chairman, Kevin Poff. The letter cites a statement made by Poff on Sept. 25, “the only thing Farmington hates more than renters is poor people.”
The letter also cited Farmington City’s own affordable housing plan, which was created in December 1998. “It is important to provide housing opportunities for residents, regardless of economic status.”
The ACLU expressed its concern that the city is not even living up to its own standards. “Such discriminatory action is not only harmful to the general welfare of the community, but could also be found unconstitutional...” read the letter. City council members did not respond to the ACLU’s letter other than to agree that it is important to provide that housing.
“Affordable housing is needed in all cities,” said Mayor Harbertson. According to a report Martinez requested, citing Davis County’s affordable housing availability, Farmington City is ranked as second to last in having affordable housing.
Mayor Harbertson and city council members, along with the planning commission, have now re-zoned much of the northern half of the city to exclude multiple-family dwellings. City council members say those subdivisions were created before 1979 when the R and LR zonings were not available, but would have been zoned as R or LR had that been available at the time the subdivisions were developed.
“These requirements are meant for public safety,” said Farmington City council member David Hale.
Martinez, who has filed a law suit against the city, asked questions of Farmington City council members, clarifying whether or not someone can even rent out their basement in that zone.
“Even in an R-2 zone, renting that would require a permit,” said planning commission member, Glen Symes. “They have to be converted to a secondary dwelling.” That means making sure the buildings are fire-safe, making sure parking is available and following other codes.
sroberts@davisclipper.com
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