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Words Matter
By District 5 Council Member Don Hickman - 14 June 2026 The Planning Commission and City Council are near completion of Ogden Valley’s first land use codes. Collectively we spent 100s of volunteer hours deliberating and adopting the code. These “laws of the land” define what we can, and cannot, do on and with our land. Rhetoric, politics, and promises aside, at the end of the day, what actually matters is what the laws say. Their words matter. In our deliberations and votes in City Council, my peer council members and I adopted most of what the Planning Commission forwarded to us. But not everything. We carefully scrutinized changes to the baseline Weber County codes, with particular attention to proposals which limited or eliminated property rights enjoyed under the county’s code, changes that could place the City in significant legal and financial risk, and those that would create undue burden on property owners or couldn’t practically be implemented. Let’s reflect on how we got here – Words Matter. Ogden Valley City exists today because of the words in Weber County Land Use Code Ordinance 104-22 Form Based Zone, specifically Section 104-22-11 Form-Based Zone Transferable Development Rights. Transferable Development Rights (TDR) allowed the developers to create additional density by transferring development rights from marginally useful land, thus enabling the Eden Crossing and Nordic Valley developments. Without the Form Based zone and TDRs, there would be no Eden Crossing or Nordic Village, no vote to approve them by the Weber County Commissioners, and no “overwhelming majority” vote to incorporate in 2024. The 2024 Feasibility Study, chartered by the Lieutenant Governor’s office, provided the legal go ahead that allowed the ballot question of whether or not to incorporate. As we all now know, the study’s financial projections for 2027 are considerably different when compared to our city’s actual budget estimate, as expenses will be much higher and sales tax revenue much lower than projected in the 2024 study. On January 3, 2026, in one of our first acts, we imposed a complete moratorium on all new construction and developments. Local builders and property owners were forced to wait for the Planning Commission and City Council to adopt the land use code. On May 19, 2026, 136 days after we imposed the moratorium, we partially lifted the moratorium allowing residential permitting to begin. Finally, the people and builders can build again. The Right Thing, and The Wrong Thing – Words Matter We focused on doing the right thing in our initial land use codes. Sometimes that meant not doing the wrong thing. We did not adopt all the Planning Commission’s proposed changes to Weber County’s baseline ordinances related to hillside / slope development, agriculture and related activities including those in wetlands, outdoor lighting standards, restrictions on land conservation easements, restrictions on subdivision developments, and elimination of specific permitted and conditional uses in the zoning ordinances. These are important issues, fundamental to the character of the Valley. However, unlike with the Weber County’s Form Based Zone and TDRs, there is no community-wide consensus on the problems and solutions to these land use considerations. There were, however, concerns over the elimination of property rights, significant legal and financial risks, and the practicality and “enforceability” of some of the proposals. They deserve a thoughtful discussion among all residents going forward. What we accomplished – Words Matter. Based on the Planning Commission’s recommendation, City Council did not adopt the Form Base Zone and its TDR structure. Mission accomplished. We deferred to the property owners’ desires in our first zoning map, versus imposing upon them a top-down decision. Our General Plan is for all intents and purposes the 2016 General Plan minus allowances for TDRs and increased density. The vast majority of our new land use code mirrors Weber County’s, because most of Weber County’s code is effective and meets our purposes. Working with the agriculture community, we adopted consistent verbiage that protects and encourages agriculture throughout the City. What’s Next – future Words Matter We will adopt the remainder of the land use codes by the end of June and completely lift the moratorium before July 2, 2026. Permitting and Inspection are open for business. BeaconCode is processing residential building permit applications for the City. Website link: https://ogdenvalley.gov/planning/. In the short term, the Planning Commission focus will shift from land use code recommendations to administrative actions related to implementing the code. In the longer term, they will consider potential updates to the land use code as we identify what got “messed up” in the push to lift the moratorium, new code required by Utah’s statutes, and recommendations from our future planning consultant. Regarding that planning consultant, as I reported in March, the Wasatch Front Regional Council awarded us $175,000 to use towards updating our General Plan, creating our Transportation Management Plan, and a variety of land use code updates. We will select the planning consultant and begin work by the middle of July. I am leading this project. A significant focus will be some of the issues we “tabled” early on, such as sensitive lands (hillsides and wetlands in particular), subdivisions, a new, valley-focused “Village Zone,” and how to use TDRs in a way that preserves open space and enables the General Plan’s vision. To ensure that everyone has a voice in the community’s land use future, we will host several “Town Halls” over the course of the project. For more info call 801-348-0025. (Don Hickman represents District 5, is the Mayor Pro Tem, and oc-chairs the Agriculture Committee. He has 39+ years of professional engineering, project management, business, and management experience. He’s a veteran, having retired as a Colonel off Hill AFB in 2012. Don has degrees in Biology, Civil/Environmental Engineering, and National Security Strategy. He was twice assigned to the Pentagon as a strategic planner and program manager. Don managed multiple business units and programs with budgets exceeding $10 billion during his career. He and his wife Stacey live near the former Monastery, irrigate their pasture with Huntsville Irrigation Company water, and enjoy hiking, skiing, and riding their horses throughout the Valley.) |