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Willard council approves rezoning for 160-acre industrial site; development agreement tabled amid questions on density, water and roads

3383052 · March 10, 2025
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Summary

The Willard City Council on Wednesday approved Ordinance 25-07 to rezone roughly 160 acres for industrial use, effective when the developer closes on the first Fairview parcel, but tabled the project's development agreement after questions about density, water and off-site road improvements.

The Willard City Council on Wednesday approved Ordinance 25-07 to rezone about 160 acres near 1500 North/600 West from agricultural to industrial, a measure the council made effective upon the developer's closing on the first Fairview parcel.

The ordinance passed on a roll-call vote after a lengthy public hearing and months of planning-commission work. The council, however, declined to finalize the accompanying development agreement for the Orchards at Willard master-planned community and tabled that item until a workshop including the planning commission can be scheduled.

Why it matters: The rezoning clears the way for a large industrial park that the applicant says is intended to attract significant employers and broaden Willard's tax base. Council members and nearby residents pressed the developer and staff for details about traffic mitigation, water availability, open-space commitments and the size and timing of future residential phases.

Developer Greg Nelson, appearing for Willard Land Partners (an affiliate of Millstream Management LLC), told the council the rezoning is intended to give the developer a —hunting license—'to pursue large industrial tenants and that the company has set aside funds for infrastructure. —We have millions of dollars set aside for some of that infrastructure,— Nelson said. He added the project would likely be built in phases over five to 10 years.

Nelson also told the council: —We do not have any plans to haul nuclear waste through the site.— He said the developer would be willing to put restrictions in writing to rule out certain uses if the council wanted them included in the agreement.

Council concerns focused on three topics the mayor said must be resolved before the development agreement is finalized: (1) whether the plan's overall density and lot sizes are consistent with Willard's general plan, (2) how much water the development will transfer to the city and when, and (3) off-site road improvements needed to handle new traffic.

Water: Staff and the developer said they engaged a water consultant to quantify water rights on the property. The consultant concluded the project holds substantially more water rights than the city needs for initial development; staff told the council the city requires roughly 50'52 acre-feet for buildout while the developer reported about 200 acre-feet on the land. The council asked staff and the developer to reconcile contract language that in places requires specific water transfers and in places defers to the city's needs.

Roads and traffic: Council members and residents argued that existing local roads'notably 200 West and 200 South'could not safely absorb the additional traffic from future phases. Developers and staff said a paved connection from 200 West to 600 South would relieve pressure and offered to explore a —pioneering— financing agreement in which adjacent landowners would pay their share as they develop. The council asked for clearer guarantees or staging in the development agreement tying further phases to completion of off-site improvements.

Density and lot sizes: The plan presented to council contains a mixture of lot sizes and an overall density that staff said the planning commission calculated as roughly 2.2 dwelling units per acre; the mayor noted that density calculations should exclude public-right-of-way and asked staff to provide apples-to-apples comparisons with the general plan'standards. Several councilmembers and residents told the council that some proposed lots on the north side were too small and urged larger lots or fewer units.

Open space and amenities: The project includes open-space areas and a planned public trail and pickleball courts. The developer said much of the open space will be built with phase 3 and that the developer will maintain open space until the city can accept maintenance. The council asked the developer to provide detailed landscape and maintenance plans tied to phasing.

Next steps: The council voted to table the development agreement and hold a workshop with staff, the developer and the planning commission to resolve the outstanding issues, and set a follow-up work session for the coming week. The rezoning ordinance itself was approved by roll call and made effective when the developer closes on the first Fairview parcel; the developer indicated an anticipated closing date of Sept. 30 but the effective date will be the actual closing day.

Votes and procedure: The council conducted a roll-call vote on Ordinance 25-07. The motion carried and the ordinance will become effective on the date the developer confirms the Fairview-parcel closing.

What's next: The council asked staff to bring back updated development-agreement language that reconciles water transfer language, more explicit phasing and off-site road commitments, and a clearer accounting of open-space acreage net of right-of-way. The city will also hold a workshop with the planning commission to focus on density, traffic and infrastructure timing before taking final action on the development agreement.