Toquerville council approves deferral agreement for Creekside subdivision, waives storm-drain requirement

The Toquerville City Council voted to approve a deferral agreement for the Creekside subdivision on Aug. 6, recording the owner’s obligation to install curb, gutter, sidewalk, asphalt extension and storm-drain improvements against the property rather than requiring immediate construction or a cash bond.

The council’s approval covers two parcels proposed by purchaser John Fahrenkamp, who asked to divide an existing lot into two and to defer installing several frontage improvements to match nearby development patterns along Ash Creek Drive. Council members also agreed to defer a short asphalt widening around the existing fire hydrant and the rock/borrow ditch storm-drain system.

City planning staff and public works staff described the site as already served by existing asphalt and several area drains; staff said the resulting parcels meet the R-112 zoning standards and exceed 12,000 square feet. The draft deferral agreement requires that if the city later elects to require the improvements, the obligation will be recorded against the property so a future owner would be responsible for completing the work or reimbursing the city.

Council discussion emphasized the rural character and physical limitations of Ash Creek Drive, where steep grades, shallow utilities and an existing prescriptive easement make later construction difficult and expensive. A staff attorney and the city’s public-works representative advised that the deferral is an available option under the city’s subdivision code and cautioned that calling in deferred improvements later can require litigation or collective action across multiple adjacent properties.

Councilmember Jordan moved to approve the deferral agreement and to include the borrow-ditch/storm-drain as deferred; a second was recorded and the motion carried on roll call.

Under the agreement the city does not require a cash deposit at approval; instead the deferral will be recorded on the property title. Staff noted routine utility connections (water meter, sewer lateral) will still be required where applicable and that the applicant must secure joint-utility approvals before final signatures.

The council discussed — and did not adopt at the meeting — an alternative path mentioned by staff: establishing a formal rural cross-section for parts of the city so that the city could permanently eliminate the requirement for curb, gutter and sidewalk on certain roads. Staff said that option would require a separate ordinance and could not be approved as part of the single subdivision action.

The decision allows the two new parcels to proceed without immediate frontage construction while reserving the city’s right to require improvements later; the city attorney warned the council that any future enforcement could be costly for owners and the city.

Votes at a glance: the motion to approve the deferral agreement, including the storm-drain/borrow-ditch deferral and without requiring a cash deposit, passed by roll call (motion carried).