Mathew Bell owns lot 6 of the Larsen Springs Agriculture Subdivision. The 20.05-acre lot is bisected by the North Fork Road, with approximately 2.9 acres on the east side and approximately 17.15 acres on the west side. Mr. Bell wants to sell the 2.9 acres but cannot due to the current 5.0-acre minimum lot size in the A-5 zone. He could sell a 5.0-acre lot bisected by the county road; however, that would require a variance to the county subdivision ordinance (as lots less than 20 acres in size cannot be bisected by a road). Before pursuing that option, a rezone on Lot 6 is being explored.

The Planning Commission conducted a public hearing regarding this proposal at their December 6, 2023 meeting. Three property owners in the subdivision objected to the rezone, fearing that Mr. Bell would create several 2.5-acre lots, not just the one proposed. To alleviate those concerns, the applicant has agreed to sign and record a Development Agreement that limits any future divisions of the subject lot west of the North Fork Road to the original five-acre minimum lot size that applies to all owners within the subdivision. Thus, only one 2.5-acre lot should result from this action.

The Planning Commission unanimously adopted findings of fact showing that the request meets the rezoning criteria of the zoning ordinance and recommended approval of the rezoning. These findings have been supplemented with information received since the Planning Commission meeting. Any decision made by the County Commissioners must also be based on findings of fact and the rezoning criteria. If the Commission disagrees with the Planning Commission’s recommendation to approve the request, the Commission would need to recess the public hearing again and direct staff to prepare findings of fact to support an alternative decision.

As a result of concerns expressed at the December 18, 2023, and January 8, 2024, public hearings, staff sent a request to the Duchesne Ranger District of the Ashley National Forest, the TriCounty Health Department, the Utah Division of Water Rights, and the Rhoades Canal Company to inquire if those agencies have any concerns about the zoning map amendment.

Comments were received from the Duchesne Ranger District on January 3, 2024, the Utah Division of Water Rights on January 31, 2024, and the Rhoades Canal Company on February 5, 2024. The responses were included with the documents.

Director Hyde presented the findings of fact and explained each factor listed. He recommends the approval of this rezone, requested by Mathew Bell, changing 20.05 acres of land from Agriculture (A-5) to Agriculture (A-2.5), subject to the recording of the associated Development Agreement.

(1:22 p.m.)

Mathew Bell of Stansbury Park, Utah, drafted a letter to the Commission and the audience. He read the letter and explained the maps that were included. The letter explains his connection with Duchesne County and his plans for his Larsen Springs Agriculture Subdivision property.

(1:39 p.m.)

Steve Giles of Taylorsville, Utah, asked Mathew Bell about the required distance from the spring (on the portion of his parcel he wants to sell) to a septic system. He thought it was 300 feet, but TriCounty Health's response states that 100 feet is required. Mr. Giles then asked how wide the parcel would be.

(1:42 p.m.)

Rick Giles of Spanish Fork, Utah, spoke in opposition and presented a petition. Commissioner Hansen read the petition: The Larsen Spring in North Fork has been a public landmark for over 100 years! It is one of the few places the public can walk to the spring and drink straight from the pipe getting pure spring water. A new land owner is wanting to change the zones to subdivide that piece. A septic system would be put in to support the home. We believe this would contaminate the Spring. A septic system would drastically change the experience of stopping at the spring. Contaminated water affects not only the community but also the wildlife in the area. We URGE you to spread this petition and reach out to the others who have grown to love and enjoy the Larsen Spring. There is a public hearing on February 5th at 1 pm to discuss this change. We’d love for you all to attend the hearing or contact Mike Hyde to oppose this change. There are 983 signatures on the petition.

(2:01 p.m.)

Stephanie Wade of Herriman, Utah, spoke in opposition. She thinks if an exception is made for Mr. Bell, others will request an exception, and the area will have a lot of unwanted development.