Tooele Transcript Bulletin – News in Tooele, Utah

July 9, 2020
County Commission approves rezone from RR-5 to RR-1 for Erda property

Residents file for judicial review of PUD-CUP approval for same property 

With a rezone request approved Tuesday night, it still may be a while for the sun to set on Sunset Acres.

The Tooele County unanimously approved a request from Joe White to rezone approximately 113 acres north of Bryan Road and west of Droubay Road from RR-5 to RR-1 during their Tuesday night meeting at the County Building.

The proposed development is called Sunset Acres.

This was the fifth time the rezone request appeared on the County Commission’s agenda.

White also has a PUD-CUP that was approved by the County Planning Commission for the same piece of property.

The PUD-CUP plans call for 112 homes on the 113 acres with 76 lots of approximately one-half acre, 33 lots of 1 acre or larger, and three lots of one-third acre. The concept plan also shows three agricultural preservation parcels totaling 19 acres and a 2-acre park. 

White’s rezone request for the property includes 80 units dispersed over 80% of the property with the smallest residential lot size at 1.25 acres. The plans also show 8.1 acres of parks and 13.5 acres of roads.

Tuesday night’s rezone approval came with the condition that once the time period for a request for a referendum petition passes and no referendum request has been filed, White will withdraw the PUD-CUP plan.

The rezone plan was White’s offer of a compromise to Erda land owners that don’t want any density of development higher than 5-acre lots on the east side of Erda.

The PUD-CUP was approved by the planning commission. 

The County Commission denied a request from some Erda residents to overturn that approval, after the state property Rights Ombudsman Office issued an advisory opinion that the appeal was “without merit.”

However, several Erda residents filed a request for a judicial review of the PUD-CUP approval with the 3rd District Court.

They are asking the court to overturn the land use decision and declare that Tooele County’s conduct is in violation of the Utah Constitution, Utah statutes, and Tooele County land-use ordinances.

In their petition to the court, the Erda residents’ attorney argues that the rezone application was illegally submitted before one year had elapsed on another final decision on land use for the same property.

The petition also asserts that the county accepted incomplete land use applications, did not process the application according to county code, and that the public hearing for the PUD-CUP was improperly conducted.

The petition also asks the court to find that the approval of the PUD-CUP is a rezone of property, a legislative decision beyond the scope and authority of the planning commission.

No date has been set for a hearing on the Erda residents’ petition.

 

Tim Gillie

Editor at Tooele Transcript Bulletin
Tim has been writing for the Transcript Bulletin since October 2017. In February 2019 he was named as editor. In addition to being editor, Tim continues to write about Tooele County government, education, business, real estate, housing, politics and the state Legislature.A native of Washington state and a graduate of Central Washington University, Tim became a journalist after a 20 year career with the Boy Scouts of America.

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