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Planning and Zoning Commission recommends rezoning Pine Canyon parcel to County Council, with water and lot-size conditions

2140473 · January 23, 2025
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Summary

The Tooele County Planning and Zoning Commission voted 4-2 to forward a recommendation that County Council approve REZ2024-159, a request to rezone a 40-acre Smelter Road parcel from RR-5 (five-acre minimum) to RR-1 (one-acre minimum), conditioned on a 3-acre minimum lot size and documentation from the state water authority on well impacts.

At a meeting on a date not specified in the transcript, the Tooele County Planning and Zoning Commission voted 4-2 to recommend that County Council approve REZ2024-159, a rezoning request affecting a 40-acre parcel off Smelter Road in the Pine Canyon area. The recommendation included two conditions: a minimum 3-acre lot size and documentation from the state water authority addressing effects on nearby wells and water systems.

The rezoning request was presented by Trish Duclos, planning staff, who said the property is currently zoned RR-5 (rural residential, five-acre minimum) and that the applicant seeks RR-1 (one-acre minimum). Duclos noted the county general plan shows the area as agricultural and reminded commissioners to consider surrounding uses and infrastructure before making a recommendation.

The matter drew a lengthy public hearing. Jamie Grandpre, Tooele City public works director, told the commission that Tooele City had previously declined capacity to serve sanitary sewer for the proposed development and that the city still lacks the capacity. "We didn't have the capacity at the time to handle the sanitary sewer from this development," Grandpre said, and he cited a Tooele County Health Department guidance that can require connection to a public sewer if a proposed development falls within a proximity threshold tied to the number of lots.

Multiple residents raised concerns about water availability, septic density, traffic and visual impacts. Gordon Fields, who said he lives nearby and has a deep well, said one-acre lots would not be appropriate for the area and noted engineered septic systems and shared-well costs. Resident Daniel Pacheco described changes to the neighborhood and said vehicle lights and traffic from a subdivision would affect his home.

Jason Harris, representing JRG Development and the applicant, said the developer and the county health department discussed lot sizes and utility requirements before the application. Harris described a proposed layout the developer favors under the RR-1 zoning that would mix "3½-acre lots beside 1½-acre lots" so that a combined five-acre area could support a shared well. "We would like to propose, developing 3 and a half acre lots beside 1 and a half acre lots in the proposed subdivision," Harris said. He said that layout would yield a net density of roughly 2.5 acres per house rather than true one-acre lots and that the proposal envisions about 16 to 18 lots total.

Harris told the commission the developer had approached the Lincoln Culinary board (as described in the application packet) and the Lincoln culinary water provider declined further consideration because of water storage and fire-protection capacity. He said the developer also discussed draw tanks and other possible fire-protection approaches with the North Tooele County Fire authority.

In response to commissioners' questions, Harris said the plan anticipates "every 2 lots would share a well," producing roughly eight shared wells for the 16–18-lot layout, and said a local driller estimated wells in the area would likely require depths around 700–725 feet. The commission asked whether the state division of water rights had provided documentation that new wells would not impair existing wells; Harris said no formal state water-rights documentation had been provided to the commission.

Commissioner Stets spoke against the recommendation, citing well drawdown as his primary concern: "I'm concerned about the drawdown on these wells," he said. Commissioner Dow also voted no, stating concerns about water, previous dry wells in the area and that the county's general plan designates the area for agricultural uses and five-acre minimums. Commissioners Bartholomew, Beckstrom, Scott and (based on the roll call) Commissioner Hope voted to send a favorable recommendation with the stated conditions.

The motion on the table — made by Commissioner Scott and seconded by Commissioner Beckstrom — recommended County Council approve the rezoning with conditions: a minimum three-acre lot size and documentation from the state water authority showing the effect on local wells (the applicant also referenced an additional condition that was not specified in the motion record). The commission recorded a 4-2 favorable vote and will forward the recommendation and conditions to County Council for final action.

The planning commission noted that rezoning is one step in a multi-stage process: even if the county rezones to RR-1, the final subdivision plat and development permits would need to meet county health, water-rights and fire-protection requirements before building permits or occupancy could be approved. The commission also noted it may include conditions on lot size, density, building footprint or other uses as part of a recommendation to the council.

Votes at a glance: - Motion: Favorable recommendation to County Council for REZ2024-159 with conditions (minimum 3-acre lot size; state water authority documentation). Mover: Commissioner Scott. Second: Commissioner Beckstrom. Vote: 4 yes, 2 no. Outcome: Recommendation forwarded to County Council.

The County Council will consider the commission's recommendation and may adopt, modify or reject the conditions when it takes up the rezoning. The record provided to the commission includes letters from Tooele City and public comment and references guidance from the Tooele County Health Department on septic-system proximity and density.