Willard council approves Orchard Subdivision Phase 3 and adopts zoning-code changes

The Willard City Council on March 12 approved the final plat for Orchard Subdivision Phase 3 and adopted two zoning-code changes affecting subdivision guarantees and the deferment of certain design and construction standards.

The council voted to approve the Phase 3 final plat for the Orchard subdivision at 300 South and 300 West after receiving a staff report and a presentation from the developer, who said 206.02 acre-feet of water rights had been verified by the state and that phases 1–3 together require about 49.5 acre-feet, which the developer planned to transfer as a rounded 50-acre-foot conveyance. Council members agreed to record the mylar only after final inspections, engineer sign-off and escrow were in place.

Why it matters: the approval moves forward 28 lots in the Orchard project, but the developer and council stressed several contingencies — notably final water-rights transfer and engineering sign-off — before the plat is filed as complete.

Votes at a glance
- Orchard Subdivision Phase 3 (final plat at 300 S / 300 W): Motion to approve moved by Rod; seconded by Mike. Voice vote called; motion carried (no recorded no votes reported).
- Ordinance 2026-03 (amend zoning code to change guarantees for subdivision improvements): Adopted by roll-call vote (yes votes recorded in roll call). The change removes surety bonds as the primary option and formalizes escrow or a dedicated letter of credit and a city-form guarantee as staff-preferred mechanisms, with a typical 10% warranty holdback.
- Ordinance 2026-04 (allow limited deferment of sidewalks/curb-and-gutter under specific conditions): Adopted by roll-call vote with staff amendments to clarify invoicing and interest. Deferments are limited (residential-only, no more than three lots total including the preexisting lot, planning commission review and restrictive plat language). If the city later requires the improvements, the city may invoice property owners and may place a lien if invoices are unpaid.
- Bench dedication at Willard Historic Cemetery (in memory of Marlene Braggart Jones): Approved; Mike abstained.
- Appointment of land-use hearing officer Craig McCall (Anderson, Colin & Wilkins PC): Approved unanimously.

Council discussion and details
Developers and staff spent significant time on technical conditions tied to Phase 3 approval. The developer said state verification shows roughly 206 acre-feet of water rights that can be converted to culinary use; phases 1–3 require about 49.5 acre-feet, which the developer proposed to transfer immediately as a single transaction to simplify processing. Staff cautioned that the city will not sign or record the final plat mylar until final inspections, engineer sign-offs and an escrow agreement are in place.

On Ordinance 2026-03, staff explained that bonds are difficult to collect on and that escrow accounts or bank letters of credit give the city clearer control over release schedules and warranty holdbacks. The ordinance sets engineer-reviewed cost estimates, staged releases as improvements are completed, and a 10% warranty retention for two years after final acceptance.

On Ordinance 2026-04, councilmembers debated fairness and long-term effects of deferring improvements. The ordinance allows limited deferments to help small residential splits proceed when the surrounding area lacks full public improvements, but requires a restrictive plat note, planning-commission review, and a mechanism for the city to invoice property owners later. Councilmembers asked staff to add language about how interest on late assessments would be handled; that language was discussed and included.

What’s next: The developer said water-rights transfer paperwork will be completed soon (estimated ~60 days for the state process), final inspections and engineer sign-offs will follow, and the city will require escrow and other conditions before recording. The city manager and staff will implement the new forms and procedures authorized by the ordinances.