Planning commission recommends code change to allow nonstandard land divisions, require later subdivision approvals

The Tooele City Planning Commission on March 26 voted 7-0 to forward a text amendment to the Tooele City Code that would permit nonstandard divisions of land by deed while explicitly requiring that parcels created that way obtain all necessary subdivision and land-use approvals before development.

Planning staff member Andrew Agard presented the proposal as a local code update to reflect existing Utah state law (Utah Code §10-9a-103) that already allows divisions of land by deed or other instruments without prior land-use approval. Agard told the commission the amendment would insert clarifying language into the code’s definitions (Tooele City Code section 7-15) and create a new section (Tooele City Code 7-19) defining nonstandard divisions and stating that a parcel created by such division “does not confer any land use approvals” and must comply with all subdivision and public-improvement requirements before receiving land-use approval.

Agard said the change would help staff enforce subdivision requirements when a parcel created by deed later seeks site-plan or other development approvals. He gave a recent example in which a convenience-store applicant (Holiday Oil) recorded a nonstandard parcel with the county and then attempted to proceed with site plan review; staff required that the owner still complete subdivision steps such as right-of-way dedication, infrastructure improvements and conveyance of water rights before site-plan approval.

Agard outlined likely benefits and drawbacks: the amendment would let property owners split off excess land without initial improvement costs, bringing city code into line with state law. Potential detriments include creation of nonconforming parcels that later require costly subdivisions, and the risk that buyers of such parcels may not understand the additional development costs. Agard estimated typical upfront costs for a formal subdivision survey and engineering at roughly $3,000–$5,000 and said conveyance or purchase of water rights can run into “tens of thousands of dollars.”

Members of the public and commission queried whether the code should simply reference state law so future changes would not require local updates. Richard Stripling, who spoke during public comment, suggested referencing state law and requiring that divided parcels meet applicable zoning at recording so buyers would not end up with nonbuildable “oddball” lots. Mr. Baker (staff) responded that the state law is vague and that the proposed local code language provides needed clarity and enforcement tools.

Commissioner Hammer moved a positive recommendation to the city council for the nonstandard division of land text amendment; a second was recorded and the commission voted unanimously to forward the item. The motion will be presented to the city council with a 7–0 recommendation.

Votes at a glance: Motion — positive recommendation to city council for Tooele City Code text amendment permitting nonstandard divisions and requiring future compliance with subdivision and improvement standards. Mover: Commissioner Hammer. Second: not specified in record. Outcome: Forwarded to city council with positive recommendation, 7–0.