Providence planning commission backs rezone, approves preliminary plat for Hildale subdivision after irrigation and traffic concerns

Providence Planning Commission members on Wednesday recommended the City Council rezone part of parcel 020960035 (generally 440 West 300 South) to a split of Commercial Highway and RM‑18 and approved a preliminary plat for Hildale 18 LLC, a proposed 37‑lot, single‑family subdivision. The planning commission vote on the preliminary plat included conditions listed by city staff; the rezone recommendation will go to city council for final action.

The actions follow a staff presentation that framed the requests against Providence’s general plan, several adopted master plans and the state’s moderate‑income housing requirements. Staff noted RM‑18 provides up to 18 units per acre and that the Commercial Highway District (CHD) is intended to encourage sales‑tax‑producing businesses. Staff also said the mixed‑use node on the framework map supports residential and commercial uses within walking distance but does not require a mixed‑use zoning outcome.

Scarlett (city planning staff) told the commission that the planning commission is a recommending body on rezones and that the City Council is the legislative body that makes the final decision. She described how the proposal relates to the city’s six general plan initiatives, the transportation and water master plans, and the city’s moderate income housing objectives, and she summarized technical conditions and redline comments the developer must address before final plat and building permits.

Developer Jody Robbins said his team redesigned the project after an earlier mixed‑use concept proved impractical: "the front 1 acre be highway commercial and the back be RM 18," Robbins said, describing the intent to place retail or commercial uses along the highway frontage and townhomes on the interior. Robbins told commissioners the plan meets the transportation master plan and city code, that phase 1 (the north portion) contains 20 new lots plus one existing home, and that phase 2 contains 17 lots. He said the townhomes would likely be sold at market prices and estimated similar units in Providence were selling in the roughly $300,000–$350,000 range.

Spring Creek Water Company president David Hershey and board member Ralph Daniels gave detailed testimony about the company’s irrigation facilities that run along and through the proposed site. Hershey said the water company is "not opposed to this development, but we are concerned about some of the conditions that need to be on the plat," and asked that the company’s 20‑foot prescriptive easement be shown on the plat, that easements be recorded on deeds where lots cross the lateral, and that the developer coordinate construction timing so work that affects the lateral occurs outside the irrigation season (April 1–Oct. 31) or during windows when shareholders are not using water. Hershey also warned that sharp changes in pipe alignment increase the risk of blockages and breakage, saying "if we're required to make any modifications to our line that is more than a 45 degree turn, then we will oppose the plat." Ralph Daniels said experience with blockages and debris reinforced the need to minimize additional curvature and to keep equipment access clear.

Neighbors and prospective buyers spoke at length about access and neighborhood character. Multiple residents urged the commission to retain a cul‑de‑sac (Hildale Circle) rather than require a through connection into the adjoining Homes on the Knoll subdivision; speakers cited child safety, neighborhood character and reduced cut‑through traffic as reasons to keep the cul‑de‑sac. Other residents and staff raised concerns about increased traffic on 400 East and the limited sidewalks on nearby streets; staff and the developer said the proposal would improve 300 North to the city’s required 66‑foot right‑of‑way where the development fronts that street, and the developer said phasing the project north first would give the city time to address road upgrades.

Commission action and conditions: the commission opened and closed the public hearing on the rezone and then voted to recommend approval of the rezone to city council. A separate motion to approve the Hildale 18 LLC preliminary plat passed with the conditions recommended by staff (address redline comments in the staff packet, respond to engineering comments from the city engineer, and address the Spring Creek Water Company and other agency letters). The record shows the rezone recommendation passed and the preliminary plat passed after a short deliberation; commissioners recorded voice votes in the meeting. The developer must resolve the redline corrections and agency comments before submitting final plats and construction drawings; final plats and construction documents will be reviewed administratively and recorded at the county upon completion.

What the approvals do not do: the commission’s rezone vote is a recommendation; the City Council has final legislative authority on zoning. Approval of the preliminary plat does not record final plat documents, allocate water rights or finalize the irrigation easements — those items will be resolved in final engineering and on the final plat. Staff noted the Spring Creek Water Company will need to be involved in engineering and construction sequencing and that any relocation or re‑easement of the lateral would require appropriate recordings and, where necessary, indemnities or coordination to avoid interrupting shareholder deliveries.

Next steps: the rezone recommendation will be forwarded to the Providence City Council for final consideration. If the developer completes the redline and engineering conditions, a final plat and construction drawings will be submitted and reviewed by city staff, the city engineer and relevant utilities; easement dedications or relocations would be recorded at final plat stage.

Votes at a glance: the commission recorded voice votes in the meeting; the rezone was recommended to city council (motion carried), and the Hildale 18 LLC preliminary plat was approved with staff‑recommended conditions (motion carried).