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Commissioners continue proposal to allow 350-square-foot homes in CE-2 zones after residents raise water and fire concerns
Summary
The commission continued consideration of an ordinance to reduce minimum dwelling floor area in CE-2 zones from 1,100 sq ft to about 350 sq ft to Oct. 22 after extensive public comment about water availability, roads, fire risk and enforcement; staff said the change would not create new lots but could make existing vacant lots buildable.
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The Utah County Commission moved to continue consideration of an ordinance that would reduce the county—s minimum dwelling floor area in CE-2 (critical environment) zones from 1,100 square feet to approximately 350 square feet, a change the applicant said would allow tiny homes and lower construction cost for owners with existing lots. Commissioners agreed to continue the item to Oct. 22 to allow staff and commissioners to gather additional information after sustained public comment.
Staff presentation and applicant case: Planning staff explained the request applies only to CE-2 zoning and would not create new lots; it would permit smaller stick-built or HUD-certified manufactured dwellings on permanent foundations and must still meet building-code, septic, access and wildfire interface requirements. Applicant Keith Haslam said the amendment would make long-unused lots in Upper Whittemore financially feasible and argued fire-suppression and building-code requirements mitigate safety risks.
Resident concerns: Dozens of residents from Hobble Creek Canyon, Upper Whittemore and nearby developments spoke against county-wide adoption without further study. Speakers cited chronic water shortages and disputed water-right claims, substandard gravel roads that can be impassable in winter, lack of guaranteed fire-suppression supply or reliable hydrants, and potential for increased overnight occupancy and density where seasonal use had previously constrained full-time occupancy. Hamil Miyagi and Dionne Baron described limited water tanks and springs drying up. Fire Marshal Kurt Bertelsen provided system testing numbers and said many hydrants had been nonfunctional in prior tests but that the system owner is working to address deficiencies.
Staff and commissioner discussion: Planners said the county historically placed CE-2 zoning in environmentally sensitive, mountainous areas beginning in the 1970s; staff and the fire marshal flagged that some CE-2 areas are connected to city sewer/water (a different context) while remote CE-2 areas lack reliable infrastructure. Commissioners debated whether to adopt a county-wide change, to use targeted moratoria or area-specific restrictions, or to continue for further study. Commissioner Lee asked that staff treat Hobble Creek-specific concerns as a special case.
Next steps: The board voted to continue the item to October 22. Staff was asked to return with targeted analysis of water availability, fire-suppression capacity, road/access constraints, how the change interacts with state moderate-income requirements and whether moratoria or targeted language could address canyon-specific risk.
