Planning commission sends positive recommendation to county on Davos Estate rezone to A-20, leaves about 10 acres RR-5

The Morgan County Planning Commission recommended that the County Commission approve Rezone Application 25.003, the Davos Estate rezone, changing about 41.94 acres of a 51.94-acre parcel from Rural Residential (RR-5) to Agricultural (A-20) and leaving approximately 10 acres as RR-5.

The recommendation was moved by Member Bishop and seconded by Member McMillan; the motion carried with one nay. The action was a positive recommendation only — final approval requires a County Commission decision.

Staff planner Jeremy told the commission that the application asks to rezone roughly 41.9 acres of the parcel to A-20, “leaving approximately 10 acres of RR-5,” and noted planning concerns about introducing split zoning on a single parcel. Jeremy said staff’s review found that “introducing split zoning…introduces administrative complexity” and can “lead to potential conflicts with land use” and enforcement. He also told commissioners that each rezone request is considered case by case and reminded the commission that an earlier application for this property, Application 23.049, was approved by the County Commission in 2023, converting MU-160 to RR-5 and adopted by ordinance on Nov. 7.

Applicant Josh Hughes told the commission the request is in effect a downzone that would allow less intense uses than the parcel’s current entitlements and said the owners do not plan intensive residential development now. “We’re asking actually for a less intense use,” Hughes said, adding the owners expect to preserve roughly 80% of the acreage in the A-20 designation. He listed potential future uses as trails, “ski” uses, a sledding hill, and places for “weddings and get togethers,” and said the property currently includes a single-family home and a barn (for which the owner has an active building permit to convert into a detached accessory dwelling unit) and a permitted third-car garage.

Commissioners discussed planning practice and future subdivision needs. Several members said they had no objection to downzoning in principle but expressed preference that either the whole parcel be downzoned or left as currently zoned to avoid “spot” or split zoning. One commissioner said the split would leave two RR-5 areas separated by A-20 and suggested it would be more consistent with planning practice to consolidate the RR-5 acreage into a single lot that could be subdivided later. The commission also noted that access to any future lots across Trappers Loop Road would require approvals from the Utah Department of Transportation (UDOT), since Trappers Loop is UDOT-owned.

Commissioners and the applicant clarified process and entitlements. Jeremy said rezoning does not itself subdivide land; a subdivision application would be required later to create lots that match the zones. The applicant said he expects possibly one or two additional homes in the future but that subdivision and development would depend on market and regulatory conditions. Hughes also noted uncertainty about continued Greenbelt assessment, saying a conversion out of Greenbelt could affect tax assessment and that the A-20 designation would likely be assessed differently than RR-5.

Member Bishop moved a positive recommendation to the County Commission based on the findings in the staff report dated March 13, 2025; Member McMillan seconded. The motion carried with one nay; the transcript does not record individual roll-call votes. The matter will now be scheduled for consideration by the Morgan County Commission.

The commission subsequently approved meeting minutes for Jan. 23 and adjourned.