Public hearing held on Wilcox Farms development agreement amendments; council does not decide

Clearfield City Council held a public hearing Tuesday on a developer’s request to amend the Wilcox Farms subdivision development agreement; the council opened the hearing, heard staff and applicant presentations and closed the hearing without taking a final vote on the amendment request.

The amendment request is significant because it would change construction timing, open-space features, lot and porch encroachment standards and clarify private-street corner setbacks for a 101‑lot subdivision where home construction has lagged behind the original schedule.

City staff summarized the request and background: the development agreement between Clearfield City and Destination Homes, executed in February 2022, covers a 101‑lot single-family subdivision split into two phases. Phase 1 was to include 58 homes; 18 homes have been built so far and 40 remain in Phase 1. Phase 2 includes 43 homes and, as of the hearing, had not started construction.

Staff said Destination Homes seeks several amendments: extend the time allowed for completion of horizontal improvements from 18 months to 24 months after final plat approval (the requested extension applies to streets, sidewalks, and common open space but would exclude the individual residential units and on‑lot landscaping); adjust open-space layouts and amenities (proposed changes include replacing trellises and shade structures with picnic tables and covered pavilions, adding benches and hammock posts in some areas, changing some tree/shrub quantities and species, and an option to retain grass in paseo areas); reduce corner side setbacks adjacent to private streets and alleys from 10 feet to 5 feet (public-street corner setbacks would remain at 10 feet); and allow front porch encroachments up to 4 feet into required front yard areas (up from 2 feet). Staff told the council that the 4‑foot porch encroachment is consistent with Clearfield City code and that the Planning Commission recommended approval of the listed amendments while also requesting architectural clarifications.

Staff and the applicant described the reason for splitting the requested changes: Destination Homes said the architectural amendments would require more time, market analysis and potentially a new product type that needs separate evaluation, so the applicant asked the council to consider the non‑architectural amendments now (timeframe, open space, setbacks, porch encroachments) to allow horizontal construction to proceed while architecture discussions continue. Destination Homes reported finding inconsistencies between the civil plans and the development agreement when preparing Phase 2 submittals and said contractors were scheduled to start on Phase 2.

Council members asked clarifying questions during the hearing, including confirmation of build counts and sequence: whether Phase 2 construction would begin before Phase 1 was complete. A Destination Homes representative said the company planned to begin Phase 2 work while continuing to resolve architectural items. The Planning Commission recommended approval with additional architectural detail; staff said the council could approve the listed amendments now while deferring architectural changes for a subsequent amendment application, deny the request, or approve with modifications.

The council formally opened and then closed the public hearing. A motion to close the public hearing was made by Councilmember Peterson, seconded by Councilmember Thompson, and approved with an audible “Aye.” The council did not vote on the development agreement amendments at the meeting and gave no formal direction that resulted in an immediate decision; staff and the applicant said they would continue working on the architectural items and return with any further amendments.

Key numeric and technical clarifications discussed at the hearing: Phase 1 — 58 total lots, 18 built, 40 remaining; Phase 2 — 43 lots, none started; change in completion timeframe requested from 18 to 24 months for horizontal improvements; corner setback reduction applicable only to private streets and alleys (not public streets); porch encroachment request from 2 to 4 feet. The Planning Commission and staff remain involved in reviewing architectural standards and pattern-book compliance.