Cottonwood Heights • Terry Diehl's petition to disconnect his Tavaci development from Cottonwood Heights does not seem to be finding favor with the City Council.

Members took time Tuesday to go on record with their views on the issue, and the council does not seem inclined to grant the request to allow the property to become part of Salt Lake County.

Diehl hopes to rezone the property to include higher-density housing and possibly some commercial elements, and believes he cannot receive a fair zoning in Cottonwood Heights, his attorney told the Tribune.

The 43-acre property at the base of Big Cottonwood Canyon is currently zoned for 43 structures. For the disconnect to be approved, the petitioner must prove that the property would be viable following disconnection. The petition does not seem to be viable, explained Mayor Kelvyn Cullimore, Jr., because seven of the nine Salt Lake County Council members have indicated unwillingness to allow denser zoning. The city would lose a valuable tax base but still have to deal with the impacts of the development, Cullimore said.

Access is a primary concern, explained Councilman Gordon Thomas, because the road leading to Tavaci is not included in the disconnect petition and would remain part of the city. That would raise questions about its upkeep and providing service, and whether those issues would fall to the city, Thomas said.

Also at issue is whether the property meets the requirements of being undeveloped as defined by the Utah Supreme Court, said Councilman Scott Bracken. The court has previously allowed undeveloped properties to move, but Tavaci has had tens of millions of dollars in improvements, Bracken said. A road and bridge are in place, and one structure is already under construction, he pointed out.

The council has proposed a new zoning for the area, which would allow just under 200 single-family dwellings to be constructed in the development, though it would not allow commercial use. The city wants to work with Diehl to provide a solution that will be commercially viable, and also stands a good chance of getting approved by the council and planning commission.

"We want to keep Tavaci in the city," said Cullimore. "It is a jewel, it has a lot of potential."

The council will vote on the petition at its Nov. 1 meeting, and if it is rejected, it could land in a lengthy court battle.

The new zoning ordinance is still in the planning process, Cullimore said, and could come before the council in December or January. The city hopes to work with Diehl to find a viable solution.

"We've acted in good faith," Cullimore said. "If we are guilty of anything, perhaps it is trying too hard to find a compromise."