Planning commission recommends denial of Thurston rezone for 356.55‑acre Deep Creek parcel

The Morgan County Planning Commission voted unanimously Aug. 14 to recommend denial of application 25.018, a request to rezone 356.55 acres owned by the Thurston trust from Multiple Use (MU‑160) to Rural Residential (R‑10) and to update the county future land‑use map accordingly. The commission’s negative recommendation will go to the Morgan County Commission, which makes the final decision.

Staff introduced the application (filed May 2, 2025) and said the property, near 2240 West Deep Creek/Quick Road, is currently zoned MU‑160; roughly 36 acres of the parcel are already designated Ranch Residential‑10 on the county’s future land‑use map. The applicant and trust representatives asked for a full R‑10 designation on 356.55 acres, arguing contiguity with R‑10 parcels across the road and saying topography and hydrology would limit the practical number of lots that could be created.

More than a dozen residents spoke at the public hearing. Speakers living along Deep Creek Road described safety and access problems: the road was described as never formally dedicated, narrow in places after repaving, frequently used by Deep Creek Ranches visitors (some speakers cited recurring parties and law‑enforcement responses), and not built to county engineering standards for long dead‑end access. Several speakers urged the commission to require the applicant to address road ownership and to secure safe emergency egress before approving a rezoning that could increase traffic.

Applicant representative Norm Thurston told the commission part of the property is already shown as R‑10 and that a consistent R‑10 designation would allow better planning, including the option of a clustered planned‑community development to preserve open space. “Part of what we’re talking about is already RR 10,” Thurston said, adding that topography and hydrology would prevent the theoretical maximum of 35 lots from being realized.

Staff and commissioners clarified the scope of a rezone: the commission’s review is legislative and focuses on whether the proposed zoning is compatible with adjoining uses and the general plan; infrastructure, slopes, water, fire risk and other technical matters are typically examined in detail at the administrative subdivision or planned‑community stage. Staff noted the county has a planned‑community (PC) zone (tiered thresholds adopted Dec. 2023) that allows clustering and requires traffic analyses and other technical submittals.

Commission discussion repeatedly focused on the unresolved status of Deep Creek Road: several residents and county staff said the county maintains the road for public‑safety reasons but has not established formal ownership by declaratory judgment, and the road does not meet county standards in several locations. Commissioners said those outstanding safety and legal questions weighed heavily in their legislative judgment about whether to change zoning now.

Member McMillan moved a negative recommendation citing inconsistency with the future land‑use map and concerns about road adequacy and uncertified right‑of‑way; Member Watt seconded. The motion carried unanimously. The commission’s record includes staff notices (mail to neighbors within 1,000 feet, Utah Public Notice posting, county website posting, a sign on the property visible from the public right‑of‑way, and a Standard‑Examiner entry) and extensive public comment documenting safety and access concerns that planning staff recommended be considered by the County Commission.

The commission’s recommendation does not prevent the applicant from submitting a revised application (for example, a smaller rezoning matching the future land‑use map or a planned‑community application) or from taking the matter to the County Commission, where the final legislative decision will be made.