Toquerville council approves rezone for Devil’s Hole area over resident objections, 3-2

The Toquerville City Council on Sept. 17 voted 3-2 to approve a zone change application submitted by American Consulting and Engineering on behalf of property owners that would reclassify parcels including the area known as Devil’s Hole from MU-20 mixed use to R1-20 single-family residential.

The measure, which council staff said is intended to establish an underlying base density ahead of a separate MPDO (Master Planned Development Overlay) application, drew lengthy public comment and repeated requests from at least one council member to postpone the decision until the developer produced a binding plan to protect Devil’s Hole.

City planner Emily (staff) told the council that the application is “consistent with the future land use map in the general plan” and explained the process: “The rezone is, in this case, the first step to establishing the base density for an MPDO, which would give them 2 units per acre. That density is then applied in that MPDO if it's submitted and approved.”

Several residents, including longtime users of the site, urged council members to delay approval until the developer presented clearer guarantees for preservation and public access. “I want to see a little more, maybe something more to really tell us what's really gonna happen … I don't wanna give a zone change without a little more information,” resident Wayne said during public comment.

Paul Morris, who identified himself as a landowner and the chair of the Grapevine Wash Local District, told council members the district already holds title or restrictions to the central portion that contains Devil’s Hole and said the landowner and district intend to preserve the feature and provide public access. “Devil’s Hole is not owned privately right now. It's owned by the Grapevine Wash Local District,” Morris said. He added the applicant intends to submit an MPDO and that “we are gonna keep that public. And the public's gonna have access to it, period.”

An agent for American Consulting and Engineering, who identified himself as an engineer working on the application, said the firm is following city staff advice to obtain the underlying zoning first and then submit the MPDO: “This was the recommendation from city staff to do the zone change first, then do the MPDO second. … We're just trying to follow the procedure.”

Council members debated whether approving R1-20 would remove leverage to secure preservation commitments. Staff and the applicant said R1-20 alone does not authorize MPDO-level density or clustering; the MPDO review would be a later, separate process that could include enforceable terms protecting sensitive land. Staff emphasized that the site will remain subject to Toquerville’s sensitive lands and hillside overlay rules, which limit development on slopes over roughly 10 percent.

After public comment and council discussion, a motion to approve the zone change passed on a roll call vote, 3 to 2. Council members present asked the applicant to submit the MPDO application promptly; several council members said they expect the MPDO process to be the point at which binding conservation commitments would be documented.

Why it matters: The rezone covers roughly the planning area adjacent to existing development and sets the underlying zoning that will be used to calculate potential density in a future MPDO application. Residents and at least one council member said they want firm, written protections for Devil’s Hole before approving any change that could be used to justify higher net density through clustering bonuses.

What’s next: The applicant indicated it intends to file an MPDO application addressing clustering, public access and conservation; that application will go through the city’s MPDO review and planning commission process before any density bonuses or clustering are approved.

Votes and formal action: Motion to approve zone change from MU-20 to R1-20 — passed, 3-2. The council recorded the outcome on the public record and asked the applicant to proceed with an MPDO application.

Provenance: Excerpted remarks and the roll-call outcome appear in the meeting transcript (discussion began at the council’s presentation of Item E-1 and concluded with the roll-call vote).