Commission approves Christianson Farms Phase 3 final plat; developer recorded formal protest about new state subdivision statute

The Wasatch County Planning Commission voted to approve final subdivision plat for Christianson Farms Phase 3 at its Jan. 9 meeting, subject to the applicant fulfilling the commitments made with the preliminary approval and resolving outstanding Development Review Committee comments.

Planning staff described the 36.53-acre phase as designed to continue an existing road network, provide a regional asphalt trail to be constructed prior to either 18 months after plat recordation or issuance of 50% of building permits (whichever comes first), and to use the same perimeter agricultural fencing adopted in Phase 2. Staff also noted the developer offered a 10% in-lieu housing obligation and that $78,400 remained due to satisfy that commitment.

Peter Gamverulis, identifying himself as a partner with Ivory Development (Christianson Farms Lots LLC), attended the hearing to register a formal protest and to record concerns about a 2024 change in state law that, he said, shifts final subdivision approvals to an administrative process. "We attended in protest today," Gamverulis said. "State code changed last year and was effective... final subdivision approval is now an administrative role that needs to be done at staff level." He said county management told the applicant staff-level approval was possible but that the county had not completed the notice period tied to the administrative route, and he asked for a record of his objection.

Commissioners and county legal/staff said the project was vested under earlier preliminary approvals and that multiple legal questions remain about how the newer state statute applies to vested projects. The county attorney's office was not on the record at the meeting; staff advised that if there are outstanding legal questions, they can be addressed through the countys normal legal channels but recommended proceeding with the project as presented because it meets the vested application requirements.

The applicant also told the commission there is not yet a recorded off-site easement for a cul-de-sac extension; staff said the proposed temporary barricade approach does not require that easement and that Lot 310 and Lot 311 would not be allowed driveways onto the barricaded road until it is extended.

Motion and vote: the commission approved final subdivision plat for Christianson Farms Phase 3 "so long as the applicant fulfills the commitments made," and subject to resolution of DRC comments. The motion was seconded and passed by voice vote; the meeting record shows the motion carried following a voice "Aye" with no recorded roll-call tally in the transcript.

The staff report and the commission's decision require the developer to construct the regional trail and landscaping prior to the earlier of 18 months after plat recordation or issuance of 50% of building permits, and to satisfy the 10% in-lieu housing obligation or otherwise meet the preliminary-stage commitments.