John Allaire

Powder Mountain town issue heading to court

By DI LEWIS
Standard-Examiner staff dlewis@standard.net


OGDEN - Powder Mountain is determined to get a town council and mayor.
The Powder Mountain petition sponsors filed litigation Aug. 26 against Weber County in the 2nd District Court aimed at getting the county to approve a list of appointees for Powder Mountain government, according to a news release issued Wednesday.
Powder Mountain spokeswoman Maura Carabello said, "We're asking the judge to order the county to follow the law."
The lawsuit is based on two sections of the law that allowed Powder Mountain to become a town without input from the county or the citizens being incorporated into the town.
Carabello said the petition sponsors contend that the county commissioners are required by law to approve a mayor and town from a list of qualified applicants which was approved by the petitioners upon granting the incorporation.
The first point the sponsors are arguing is that the words "upon granting the incorporation" indicate immediacy, Carabello said.
With more than a month gone by since the incorporation passed, she said the commission has had plenty of time.
Carabello said the second point being argued is that the sponsors provided two lists of qualified appointees - qualified is legally defined as being a registered voter and having lived in the town for more than a year - both of which the commission declined to approve.
Weber County Commission Chairwoman Jan Zogmaister said, "They had their interpretation and we had our interpretation of the law, and we'll go to the courts to decide."
The fate of the Powder Mountain town council is now up to the courts, Zogmaister said.
Powder Mountain resident Darla VanZeben, upon hearing of the lawsuit, said, "Am I surprised? Not in the least. Am I disappointed? Of course."
VanZeben said the county has a fairly good chance of winning the case and believes the issues surrounding Powder Mountain are "far from being over."
She said even if the county loses, it is a possibility some residents may bring legal action against Powder Mountain.
The law that allowed Powder Mountain to incorporate has never been completely tested, VanZeben said.
She said the law is blatantly unfair and inconsistent with the Utah Constitution, and she hopes the judge will interpret the law in favor of the county's position.
Carabello said she expects to see action in the case within a few weeks.
"We're just hoping to move this along as quickly as possible and look forward to working with the town and county in the future," she said.
The news release said the Powder Mountain sponsors do not want special treatment but have gone to court to get a fair judgment.
But VanZeben is still worried. She said behind the rhetoric of cooperation, it seems the only thing Powder Mountain sponsors want is to run the town without input from many of the residents.
Nonetheless, the community is determined to work together.
VanZeben said a potluck dinner at her house last weekend saw a variety of people ranging from proposed mayor Alvin Cobabe, to herself, and with a strict no-politics rule in place everyone had a good time.
"We're not going to let them ruin us."

Demand for recreational property has increased significantly over the past several years across many areas of the country. Northern Utah is no exception. The popularity of recreational property is driven by multiple factors. These include: owning a piece of paradise to reconnect with family, friends and nature; a base camp for activities including hiking, mountain biking, ATV riding, hunting, fishing, snowmobiling, snowshoeing, skiing, a place to enjoy the wildlife and solitude of the great outdoors; and also as an investment.

For anyone interested in purchasing a lot, large acreage or cabin in a recreational area, there are a number of things to consider before starting to look at properties:

Purchasing real estate in a residential area and recreational area are two very different animals. Recreational properties have a number of unique characteristics, and each recreational area has its own personality. Most recreational areas in northern Utah allow only seasonal access for vehicles, since roads are not plowed during the winter. However, most of these areas do allow winter access by snowmobile or snow cat, allowing residents access to their cabins during the winter for a unique wintertime experience. Depending on the recreational area, elevation and amount of snow received the previous winter, vehicle access can begin between April and June, then go into late October or even Thanksgiving.

As part of the decision to begin looking at recreational properties, one of the most valuable steps anyone can take is to select a real estate agent who specializes in recreational property, and has the local knowledge and expertise necessary to ensure a buyer makes an informed decision. An experienced recreational agent will understand and offer accurate guidance relating to water (private water system, existing well, storage, water rights), septic, power (includes on-girid, generator, solar), excavation, roof design/snow load, restrictions as they relate to CCRs and county ordinances, HOA fees, taxes, gate access (key or gate code), property valuation and more. An experienced agent will understand and offer guidance around specific items that require special attention when an offer is written, and during the due diligence period. Your agent should also have knowledge of other companies and experts such as builders, excavators, septic installation, solar providers, insurance, HOA contacts, etc. Your agent will understand what is unique to each area, and will be able to match a prospective buyer to the area(s) with the best fit and price range. An agent who actually owns in one or more recreational areas can be even more valuable, since they are able to draw upon first hand experience. Locating the perfect camping or cabin property can be fun, but it also takes research, time and patience.

I specialize in recreational real estate throughout Northern Utah, and know this area well, having assisted buyers and sellers in Causey Estates, Sunridge, Legacy Ranch / Monte Cristo and Curtis Creek / Baxter Sawmill and others. My wife and I personally own property in both Causey Estates and Sunridge Highlands. Many of the best recreational properties are sold by word of mouth to friends or friends and relatives of other owners in the same community. I often hear about properties coming up for sale before the word gets out or a property is formally advertised or listed on MLS. Let me assist you in finding your dream cabin or camping / hunting property. They come in all shapes, sizes and prices!

When it comes to selling recreational real estate, it is highly recommended that anyone considering selling a recreational cabin or lot consult with a recreational real estate specialist first. Recreational real estate specialists know these areas better than other agents, and are able to offer much better guidance around managing expectations and helping a seller establish a fair and reasonable list price for the cabin or lot. A recreational RE specialist will work harder to market and show your property than most residential agents since this is where they spending much of their time, showing and listing other properties in the same area. A recreational specialist also knows better how to market your property. Simply listing a recreational property on the MLS does not typically work well for recreational listings. Agents who list a property must be willing to show the property to potential clients, which can take as long as four hours depending on the location.

Round Valley development promoted as place to live and play

By DEANNE WINTERTON
Standard-Examiner correspondent


MORGAN - Details of the new golf course community in Round Valley were revealed to the public at an open house this week, drawing both the curious and the concerned.
"The best way to describe it is a recreational community, where you can live but also recreate," said developer Brad Johnson.
The 343-acre Rivala development will include about 62 percent open space, developers said at the Tuesday meeting. Almost 38 percent of the land will be developed into low, medium and high density residential uses, including a 68-room condominium lodge or hotel.
Developers said almost half the residences, roughly 40 percent according to studies, will be considered secondary homes not occupied the entire year.
Because many of the 561 total units on the property may be vacant at any one time, the developer chose to make it a gated community with private roads.
"We want private roads because second homes will be left vacant for long periods of time," Johnson said. "We would like to control people driving the roads so there's no vandalism."
Developers also are aiming for more affordability than neighboring Park City developments. Although the market is difficult to predict, especially given a projected eight-year buildout and 2009 start date, Henroid said he's aiming for condo units in the mid-$300,000 range.
Such prices in the project will more than double Morgan County's property tax revenue, according to 2006 figures, the developer said. In that year, the county collected a net revenue of $140,000, and Rivala's residential units would boost that figure to more like $350,000, the developer said.
Some Morgan residents expressed concern that they may be priced out of their homes as the newer, more expensive Rivala units come to market. Studies prepared by the developer show the project will add about 988 resi- dents at full build-out, including about 198 schoolchildren. Developers were quick to add that the project would also create 150 jobs.
Such numbers will increase consumer spending in the nearby Morgan community, as well as transient room taxes from the project's hotel.
The development's location to nearby urban areas, as well as a diverse mix of recreation opportunities, puts the project in a unique situation to draw visitors from Salt Lake City as well as Park City, Henroid said.
Developers want to change zoning on the ground, historically used as a dry farm and gravel pit, from A-20 to MPDR. The change would allow flexibility to cluster different densities on different parts of the project.
Plans call for single-family homes on lots ranging in size from half an acre to more than an acre and a half; condos ranging in size from 800 to 1,200 square feet; and a condo lodge/hotel with forsale units part of a rental pool.
Commercial elements in the project would include an outfitters cabin, complete with concierge services offering fly fishing, river rafting, and other recreation opportunities.
Since April 2007, the developer has been preparing studies to complete the application to the county for a rezone. Henroid invited the public to peruse the 5-inch thick application detailing slope, environmental, wetland, geotechnical and traffic studies.
Most of the 60 residents who showed up for the presentation were concerned about 100 South, a residential road that's currently the only access to the land in question.
"I don't want that access," said 100 South resident George Francis. "It will be jam-packed twice a day," because of the street's proximity to three local schools.
Developers assured the crowd that they had no preference between that route and an optional route starting on Commercial Street.
"Both options are expensive," Henroid said. "Either access will revitalize existing retail and commercial. One hundred South is just our current access, but the county hasn't been shy in telling us they prefer Commercial Street."
Rivala's zone change will be on the next planning commission's agenda March 20, where a public hearing will be held.

Stability seen in Utah homes

Foreclosure rates up, but still far below average for country
By JORDAN MUHLESTEIN
Standard-Examiner staff jmuhlestein@standard.net


Utah's foreclosure rate is slightly higher than a year ago, but far lower than the national average.
Statewide, the percentage of loans in foreclosure was 0.8 percent in the fourth quarter of 2007, up from 0.61 percent a year earlier, the Mortgage Bankers Association reported Thursday.
The Utah rate was less than half the nationwide rate, which rose from 1.19 percent in 2006 to 2.04 percent in the fourth quarter of 2007.
Nationally, more than one of every 20 home mortgages was delinquent during the last three months of 2007, the highest level in 23 years.
More than 938,000 home loans were in foreclosure nationwide in the fourth quarter of 2007, a record 2 percent of all outstanding home loans.
In all, more than 3.6 million mortgages were past due or in foreclosure proceedings across the country during the final three months of last year. Of those, nearly 381,700 entered foreclosure in the quarter, another record.
"Fortunately, we don't have, at this point, a very big problem, and I'm hopeful that it doesn't become a very big problem in Utah," said Kelly Matthews, executive vice president and economist for Wells Fargo Bank.
"We are seeing modest increases (in foreclosures), but in total, I would describe our foreclosure situation as much less of a problem than the national average."
Foreclosure rates in Utah for all of 2007 were actually down 26 percent from 2006, Matthews said, although monthly figures on foreclosures in the state jumped 7.2 percent from November 2006 to November 2007 and 15 percent from December 2006 to December 2007.
Matthews said the strength of Utah's economy, including job growth and minimal layoffs, has helped keep housing strong. Struggling homeown- ers have mostly been able either to sell their homes or refinance.
He also said he believes Utah's housing market has not been hit as hard as other parts of the country because lending was not as aggressive in the past few years.
While the state's foreclosure rates should stay below the national average, the rates will probably continue to rise.
"It is more than likely the problems will get worse both in Utah and nationwide," Matthews said.
John Norman, executive director of the Utah Mortgage Lenders Association, agrees.
Utah is faring well, but eventually tends to follow the national economy, he said. However, there are some reasons why Utah shouldn't have as many problems as other areas.
Utah has the largest households in the nation and the most new households formed - and those people need homes, Norman said.
"We have a strong economy and positive house-price appreciation," he said. "People can still sell their homes if they get in trouble."
Foreclosures are usually tied to housing prices, said Jim Wood, director of the Bureau of Economic and Business Research at the University of Utah.
"When we had housing prices from 2001 to 2003 that weren't growing at all, we had higher rates of foreclosures," he said.
Because Utah housing prices are still going up in general, he said, foreclosures haven't increased much.
"What provokes foreclosures is when people are ‘under water,' when they owe more than the house is worth," Wood said. "We haven't had that yet, so we don't have nearly the incidence of foreclosure that you see nationally."
As of the fourth quarter of 2007, payments were 30 days late or longer on 4.15 percent of the more than 422,000 active home loans in Utah, according to the new Mortgage Bankers Association figures.
Nationwide, the delinquency rate was 5.82 percent.

Builders affected

The slowing market has affected not only homeowners, but also builders, said Lance Garner, chief credit officer of Barnes Bank, which deals with financing new construction.
Barnes Bank's debtors can have problems with their loans if a buyer decides to back out or if an investor is no longer interested in the home.
"The last couple of years, investors were coming in and assuming they could flip the house," Garner said.
"That is no longer the case. We've seen a definite softening of values, and there are not those huge profits that some of the investors were lined up to take."
Many lenders have pulled back from providing financing for speculation homes, said Mike Ostermiller, CEO of the Weber/North Davis Association of Realtors.
That doesn't mean, however, that qualified buyers can't get loans, he said.
"Banks are being more conservative, but interest rates are low right now," Ostermiller said.
"There is still money out there for potential home buyers."
Standard-Examiner reporter Jeff DeMoss and wire services contributed to this article.