Providence council approves Timberbrook rezone after developer agrees to recorded deed restriction

Providence, Utah — The Providence City Council on Wednesday approved Ordinance 05-2025, rezoning a parcel at 314 West 100 South from agricultural to R-16, after the applicant agreed to a recorded deed restriction that sets a 9,250-square-foot minimum lot size.

The vote came after extended public comment from neighbors who said the change would conflict with the city’s 2020 master zoning map and raise traffic and safety concerns near Meadow Ridge Park. The planning commission had recommended denial at its most recent meeting; the commission had recommended approval the first time the developer brought the application to the body.

Developer Dallin Tolman of Timberbrook Homes told the council his company remains committed to building larger lots that fit the area’s character and offered a purchase-contract addendum, described in the meeting as addendum No. 3, that would require a voluntary deed restriction recorded at closing. The addendum, read into the record, states that any subdivision or development of the property would require residential lots with a minimum size of 9,250 square feet and that the restriction "shall be enforceable by the city of Providence, Utah and shall not be removed, amended, or modified without the prior written consent of the city." Tolman said the provision was intended to show “we do have the best of intentions to make this a a beautiful, functional, well fitting community.”

Neighbors said they did not oppose growth but argued rezoning to R-16 would create higher density than planned, increase cut-through traffic and risk safety for children near the park. Kimberly Snow, who led a petition opposing the rezone, told the council, “We want to make it very clear that this is not opposing growth. ... This is about consistent and thoughtful planning that does align with the community shared vision for Providence.”

Council discussion centered on whether the deed restriction and other voluntary commitments provided sufficient assurance that the developer would not later change the project. Planning staff and councilors clarified that the city would prefer the restriction to be shown on a future plat or recorded instrument so it would run with the land; staff said they would seek a plat note or recorded restriction to aid enforcement. Council member Brent Speth said he felt the developer had made a good-faith effort to address the council’s concerns: “I feel like they have made a real attempt to make a compromise,” he said during deliberations.

Councilors moved and seconded approval of the ordinance with the addendum attached. The motion passed with three votes in favor and one opposed. (The planning commission’s prior recommendation to deny was noted in the record.)

Details from the meeting record and staff comments: - Parcel: 314 West 100 South (Parcel number 02-0996-0048). - Zoning change: Agricultural → R-16. - Recorded addendum: voluntary deed restriction to be recorded at closing requiring minimum lot size of 9,250 sq. ft.; enforcement to be through the recorded instrument and, as feasible, by notation on the subdivision plat. - Planning commission activity: initial recommendation for approval on earlier submittal; later recommendation for denial after additional hearings and changed commission membership.

What the council did not decide at the meeting: no preliminary plat or engineering plan was approved at this hearing; those items, if proposed, must follow the standard planning commission review and permitting process. Several residents asked that the city consider alternatives such as R-10 or R-12; councilors noted a change to the master plan would be a separate process.

Next steps: The developer and city staff will record the agreed restriction at closing and the developer will proceed through planning/platting processes; any future subdivision or preliminary plat will return to planning staff and the commission for review. City staff said they would recommend recording the restriction as a plat note where possible to make enforcement clearer.