Eagle Mountain City Council, 5 February 2019

Councilmember Burnham moved to øpprove the consent øgenda, as ømended" Coancilmember Gricíus seconded the motíon. Those votíng aye: Colby Curtís, Stephønie Grìcíus, Benjømín Reaves, Donna Burnham, Melissa Clark The motion pøssed with a unanimous vote, SCHEDULED ITEMS 13. PRELIMINARY PLATS & SITE PLANS (removed from the Consent Agenda) 13.4. Scenic Mountain Phase B Preliminary Plat and Site Plan This item was discussed after item I5. Councilmember Curtis asked if V/ride Memorial Highway will have a right-in/right-out turn lane. Mr. Jensen said initially, UDOT denied both of the requested accesses, but after working with the applicant for over ayear, they have now approved a single right- in/right-out access. An updated traffic study was performed and still shows an acceptable level of service with the single right-in/right-out access. Councilmember Clark asked for the density allowed in the flex pod" Mr. Cook stated 9l units are available. Councilmember Burnham stated the applicant has requested 40 units and Council wants 34 units. She asked if Council would approve 37 units. Dylan Young with Fieldstone Homes said the density for the flex pod is 16.69 dwelling units per acre. He explained 91 units can be built in that area to meet that density. Mr. Young said they have a new engineer who determined the flex pod area is actually 5.88 acres, not 5.48 acres as originally thought. He proposed adding the 0.4 acres to the townhome pod, which would bring the permitted units to 37 without any density overages. He said they planned larger lots in the single-family home pod to reduce density, with the assumption that they would be able to add units in the townhome pod. Councilmember Curtis said a clause in the master development agreement was clear that density transfers outside of the UDOT expansion area were not allowed. Mr. Cook explained no density in the UDOT portion of the project could be hansferred out. He said moving 0.4 acres from the flex pod with a density of 16.69 to the lower density townhome pod would result in fewer units. Councilmember Curtis expressed frustrations regarding density transfers. Mr. Cook clarified the City has an argument to allow only 34 units. The City received a non- binding assessment from the State's private property ombudsman and the ombudsman interpreted the agreement language as Mr. Cook did; however, there is enough ambiguity in the agreement that Mr. Cook understands the applicant's interpretation. He said the applicant is not asking to transfer density from the UDOT area; rather he is taking Eagle Mountain City Council Meeting - February 5,2016 Page l0 of l8 acreage ftom the flex pod with a higher density and placing that acreage in the lower density townhome pod. According to the master development agreement, that move would be allowed, and the result is less density overall. The City does have the right to deny the additional three units that would bring the total to forty units" Councilmember Clark said applicants come and request permissions in order to make their projects financially feasible. She asked at what point the City Council holds the developor to the initial agreement. Mr. Young stated he is not asking for additional units in the project, but he understands the difference of opinion regarding the interpretation of the agreement. He said the Planning Commission staff report stated staffs opinion was the request meets the intent of the master development agreement" Councilmember Clark said City Planners are not attorneys and they interpret the agreements with their best effort. Mr. Cook is the City's legal counsel. Councilmember Burnham asked what Council is trying to protect within the City. She said the additional units do not affect the overall density of the project. Councilmember Curtis said the proposal does not fit the master development agreement. Residents ask him to decrease the density in the City. Councilmember Gricius asked if the type of housing unit matters. Councilmember Curtis believed it does; the City Council had worked diligently to set the number of units for each type. Mr. Young reiterated that he is not adding units. He is looking at the overall project and is not tryrng to increase density. He stated if they presented the townhomes before the single-family units, they would have built forty units. He stated his legal counsel believes the proposed plan meets the intent of the master development agreement. Councilmember Clark asked what uses are planned for the flex pod. Mr. Young said a buyer is considering the site for multifamily units. He stated the property has been on the market for two years and this is the first offer that had been presented. Councilmember Clark asked if the haffic study included the 91 units in the flex pod. She expressed concerns that the Council approved the original plan with two access points onto Wride Memorial Highway, and the proposed plan only contains one. Councilmember Reaves said the 91 units in the flex pod are not accounted for in the traffic study, as they are potential units and are not in place. He noted that the Evans Ranch development fit the minimum standards of the Municipal Code, but the Council had tried to mitigate future haffic issues. The applicant threatened to sue, so the Council approved the project. That area is now a problem area in regard to traffic issues. Mr. Jensen clarified the updated traffic study did take into account the 9l proposed townhomes, as well as the 80 single-family lots, and 40 townhomes with only one access point onto V/ride Memorial Highway. He said the applicant included a potential Eagle Mountain City Council Meeting --February 5,2016 Page I I of 18 connection to Mt. Saratoga in the current plan. Mr. Young explained an additional traffic study was conducted due to the fact that UDOT only approved one access point. Discussion ensued regarding future road plans once Wride Memorial Highway is expanded. Mayor Westmoreland confirmed that the Council's transportation concerns had been addressed. Mr. Cook explained that based on acreage, the project was originally permitted 86 single- family lots, 34 townhomes in the townhome pod, and 91 townhomes in the flex pod. He stated the applicant did not decrease the cluster home area; they removed six units and increased the lot sizes. Mr. Young said they decreased density in the single-family area as they believed the agreement allowed them to add the removed units to the townhome pod, as long as the overall density was not over the permitted amount. Councilmember Curtis expressed frustration that applicants ask for what they consider nominal increases after plans are approved. Mr. Young reiterated that they do not feel they are asking for additional units and believe the proposal meets the intent of the master development agreement. They are only building 2l I units, not the 217 units as originally approved. He explained they were forced to sell property to UDOT, and that sale has set the project back two years. Councilmember Burnham said her concern is the overall density of the project, not the product t1pe. She expressed support for 38 units; fewer than that is not fair based on the movement of 0.4 acres from the flex pod to the townhome pod. If 38 units are granted, she requested a condition that the flex pod can only contain 90 units, not 91. Councilmember Curtis said he does not support more than 35 units. Councilmember Gricus believed that37 units is reasonable. Councilmember Reaves said he prefers fewer units. He stated he is struggling with how the applicant will ease the burden of congestion. He would like to see the plans for roads and future projects in the area. Councilmember Clark confirmed with staff that a road will be in place to V/ride Memorial Highway by Spring 2019. The master development agreement states access to V/ride Memorial Highway will be complete before the 31st building permit is issued in the overall project.

Councilmember Burnham moved to approve îhe Scenic Mountaìn Phøse B Preliminøry Plat ønd Sile Plan wíth 38 townhomes. The motionfaìIedfor løck of a second.

Councilmember Gricíus moved to øpprove the Scenic Mounta.in Phase B Prelimìnøry Pløt and Síte Pløn wíth 37 townkomes. Councilmetnber Curtís seconded the motíon. Eagle Mountain City Council Meeting - February 5,2016 Page l2ofl8 Discussion ensued.

AMENDED Councilmember Gricius moved to approve Seeníc Mountaín Phase B Preliminøry PIat ancl Site Pløn wíth Íhefollowing conditìons: L The site plan must be npprovedpríor to nny building permíts heíng issued; 2. Hurstbourne Drìve must connect Ío Vernkam Løne príor to øny townhome huilding permits being íssued; 3. The sewer lifi station must be maìntaÍned by the HAA; 4. The plans must comply with all requirements wíthin UDOT's trøffic permít; 5. Townhome elevutíons must províde øddítíonalfeatures such as a pop- out, bay window, or awning on side and rear elevaúíons føcing ø public ROwt; 6. Applieant shall provide model numbers af playground equípment to the Pørks ønd Recreøtíon Director; and 7. The maximum density ís 8.23 dwelling units per øcre wíth the maximum number of units permitted in this pod beíng 37. Councilmember Curtís seconded the motion" Those votìng aye: Colby Curtis, Stephaníe Grícius, Donnø Burnham, Melissa Clark Those votíng nay: Benjamin Reøves. The motion carríed wíth s vote of 4: 1" Mr. Young explained the end units and the middle units of the seven-plex structures will have pop-outs in the dining rooms and shed roofs will be placed over the pop-outs. 13.C. Silverlake Clubhouse and Pool Site Plan Mr. Jensen said the proposed site plan is for a clubhouse and pool to serve the multifamily developments south of Tickville W'ash in the Silverlake development. The clubhouse will have a gathering area, kitchen, exercise area, and a children's playroom. Councilmember Clark expressed concerns regarding eost centers, and said she prefers a sub-HOA be in place. Mr. Cook said the cost center was not recorded, so he will work with the developer to confirm it is in place. He stated the developer is confident that a mechanism is in place to ensure only the specified neighborhoods will be assessed dues for the amenity" Councilmember Curtis expressed concerns regarding the amenity serving 1,200 units. He stated 1,200 units will be assessed for the amenity, but not all units will be able to utilize an amenity of that size. Mr. Jensen said the City can only require clubhouses in townhome developments. The Council can add a condition of approval that only townhome units can access the clubhouse, but the developer has expressed the desire to open it to the single-family units. Mr. Tatton said they don't anticipate the entire community going at the same time, similar to the fact that the entire community will not utilize a pocket park at the same time. He explained homebuyers are purchasing their homes with the understanding that they have access to the clubhouse, so he cannot remove access after the fact. Eagle Mountain City Council Meeting - February 5,2016 Page l3 oflS Councilmember Bumham asked how the developer will fix potential problems regarding overuse, if they arise. Councilmember Reaves asked if Flagship has clubhouses or pools in areas similar in size to the Silverlake development. Mr. Tatton explained Flagship's development in Vineyard has 2,100 units and that development has one large and one small clubhouse. The residents will selÊregulate in Silverlake, as they do in Vineyard. Councilmember Clark stated that the developer is building an amenity that she believes will not support all the residents who will be paying for it. Discussion ensued regarding the amenities in the Evans Ranch and Overland developments. Councilmember Bumham asked the applicant to work with staff to determine the feasibility of increasing the size of the pool and clubhouse. A concession from the City could be allowing fourteen additional units in the development without adding the required additional pool and clubhouse. She directed staffto research the cost center and ensure outside existing residents cannot be added at a later date.

Donna Burnham moved to table the Silverlake Clubhouse und Pool site pløn to the next scheduled Cìty Coancíl rneeting. Councìl ínstructed støff ønd the applicønt to research the possìbilífy of enlarging the pool, allowing 14 additìonal uníts without requiríng another clubhouse and poolføcìlity, ønd asked stalf to verífy thøt cost centers øre ín place. Colby Curtís seconded the motíon. Those voting aye: Colby Cufüs, Stephaníe Grícíus, Benjamin Reaves, Donnø Burnhøm, Melìssa Clarlc The motíon pøssed with ø unanimous vote. 14) ARRTVAL - PUBLTC HEARTNG Thís ítem was discussed directlyþllowing the Consent Agenda. 14.4. ORDINANCE - An Ordinance of Eagle Mountain City, Utah, Approving the First Amendment to the Arrival Master Development Plan. Mr. Jensen said the proposal reduces the size of the park, increases the size of one lot, adds an additional residential lot, and relocates trails. The applicant has committed to use the sale of two lots to improve the park with sod, sprinklers, a pavilion and picnic tables, and playground equipment. The Planning Commission reviewed the project twice with two separate public hearings and recommended approval of the project. Councilmember Bumham asked for clarification on the locations of the hitching posts. Mr. Jensen said the Planning Commission did not detail exact locations. Councilmember Clark said if the residents desire hitching posts at a later date, they can be installed in the future. Mayor lV'estmoreland opened the public hearíng at 7:40 p.m. As there were no comments, he closed the public hearíng. Eagle Mountain City Council Meeting - February 5,2016 Page 14ofl8 Councilmember Gricius said she does not think it is pertinent to add the hitching posts. She said the Planning Commission did not specify required materials, and asked if the City would maintain the posts. Councilmember Burnham said if hitching posts are to be required, the locations need to be specífied. Councilmember Reaves said the area is unique and needs to be preserved. The hitching post condition can be approved and maintenance of the posts can be addressed later. Councilmember Curtis said the Municipal Code does not require open space for this development, and expressed concems that the Council would add additional amenities to a voluntary park. Mr. Hazard said less than ten percent of residents in the development have horses. He stated he has not seen horses on the trails, and does not want horses on the landscaping, lawn, or concrete trails. He sees the hitching posts as a waste of space and an unnecessary expense.

Stephønie Grícius moved. to approve øn Ordínunce of Eøgle Mountøìn City, Utøh, øpproving theJirst amendment to the Arrìval Møster Development Pløn, removing the recommended condition of approval requiríng hítchíng posts. Melíssa Clark seconded the motìon. Those voting aye: Calby Curtis, Stephanie Gricias, Benjamín Reaves, Donna Burnhøm, Melíssa Clørlc The motion passed with a unønimous vote.

Melíssø Clørk moved to upprove ø resolution of Eagle Mountøin C¡ty, Utsh, approving the second amendment to the Awival Master Development Agreement. Benjømin Reøves seconded. the motíon" Those voting aye: Colby Curtís, Stephøníe Grieíus, Benjamin Reøves, Donnø Burnham, Melissa Clørk The motìon pøssed with u unønimous vote" 14.C" MOTION - Arrival Amended Preliminary Plat.

Melissa Clark moved to üpprove the Arrival amended prelímínøry pløt. Stephaníe Gricíus seeonded the motion. Those votìng øye: Colby Curtís, Stephaníe Grícíus, ßenjømín Reaves, Donna Burnhøm, Melissa Clørlc The motion passed with a unanìmous vote. 15) ORDINANCE - PUBLIC HEARING - An Ordinance of Eagle Mountain City, Utah, Amending Municipal Code Chapter 17.35 for Conditional Uses, Chapter 17.55 for Commercial Off-site Parking, 17.80 for Signs Eagle Mountain City Council Meeting - F-ebruary 5,2016 Page 15 of l8 15.4" CommercialZone Conditional Uses and Commercial Off-street Parking. Mr. Jensen explained that anything not specifically allowed in Municipal Code is prohibited. .The amendment allows meeting/reception rooms within the Commercial zone, and creates a parking standard of one parking stall per 250 square feet of gross floor area. Councilmember Burnham asked if it was possible to require more parking stalls in the Municipal Code, but allow the Planning Commission to reduce the number required based on findings such as shared parking lots. Mr. Jensen stated that was an option, but specihc hndings would need to be clarified in the Code. He said most businesses will want more parking than is allowed and the City has maximum limits as well. Councilmember Clark asked Mr. Jensen for the range of parking standards other municipalities have. Mr. Jensen said on the high side, standards required one parking stall per 100 square feet of gross floor area, and the low side required one parking stall per 500 square feet of gross floor area. Lehi's standard is one parking stall per 500 square feet ofgross floor area. Councilmember Curtis stated he values staffls research and would like the option to have the Planning Commission adjust the requirements, as needed. Mr. Mumford explained the Municipal Code allows the Planning Commission to grant alternative parking requirements. He said a shared parking lot could be a reason to grant that exception. 15.8. Signs. Mr. Jensen said this staff-proposed amendment replaces an illustration of an exempt sign, and creates standards for school monument signs. He explained the current illustration shows balloons, which are not permitted in the Municipal Code. Mr. Jensen explained the Alpine School District will use this section of the Municipal Code for Cedar Valley High School's signage. Councilmember Curtis asked where the high school sign will be placed. Mr. Mumford said it will be located on the comer of Pony Express Parkway and Aviator Avenue. Mayor lVestmoreland opened the public hearing at 8:05 p.m. As there were no comments, he closed the public hearíng.

Coancilmember Clørk moved to øpprove øn ordínønce of Eagle Mountøín Cíty, Utøh, ømending Municípal Code Chøpter 17.35 for Condítional Uses, Chøpter 17.55 for Commereiøl Off-site Parking, 17.80 for Signs with the electroníc potfíon of the school sign changed to a maxímum of 45 squure feet. Councílmember Grícius seconded the rnotion. Those votíng aye: Colby Curfis, Stephønìe Gricíus, Benjamín Reaves, Donnø Barnham, Melissø Clørlc The motíon passed wíth ø unanímous vote" 16) MOTION - Appointment of a City Councilmember as Mayor Pro Tempore Mayor Westmoreland said all Councilmembers are capable and qualified to sorve as Mayor Pro Tempore. He explained daytime availability is an important factor, and nominated Colby Curtis to serve as Mayor Pro Temporo for 2019.

Melissø CIørk moved to appoínt Colby Curtis as Møyor Pro Temporefor 2019. Stephanie Grìcius seconded the motíon. Those voting aye: Colby Caftís, Stephaníe Grícíus, Benjømin Reøves, Donnø Burnham, Melíssø Clark The motion passed wíth a unanítnous vote. 17) CITY COI.INCIL/MAYOR'S BUSINESS 18) CITY COI.INCIL BOARD LIAISON REPORTS Councilmember Gricius Nothing to report. Councilmember Curtis Councilmember Curtis expressed appreciation for the Senior Advisory Council and stated the board functions well. Councilmember Bumham Councilmember Burnham stated the Planning Commission is holding meetings regularly Councilmember Reaves Councilmember Reaves said the boards he is liaison to have not met at this time. Meetings are scheduled for March. Councilmember Clark Councilmember Clark said the Youth Council attended Local Officials Day atthe State Capital and met with State Representative Jefferson Moss. Representative Moss appreeiated that the Youth Council is informed and engaged. Councilmember Clark appreciated community involvement in the Vy'elcome Home parade. A HAM radio class and test will be held March I and2 atCity Hall, and an opioid drug overdose help training will be held on Thursday, March 14 at 8:00 p.m. at City Hall. Mayor Westmoreland Mayor Westmoreland explained Unified Fire Authority is in the process of updating its intorlocal agteement. Ranked voting was discussed, and it was determined that on budget issues, two members can request ranked voting. 19) COMMUNTCATIONITEMS 20) ADJOURNMENT