Eagle Mountain City Council, 21 May 2019

Councilmember Grícíus moved to üpprove the consent øgenda, removing item 15 ønd placing it as a schedaled itemforfurther discussíon. Councilmember Burnham seconded the motion. Those voting øye: Colby Curtís, Stephanie Gricius, Benjamin Reaves, Donna Burnham, ønd Melissa Clørlc The motion passed wíth a unønimous vote. SCHEDULED ITEMS 15. PRELIMINARY PLAT & SITE PLAN 15.4. Silverlake South Clubhouse and Pool Site Plan Planner Tayler Jensen explained the Council reviewed this proposal February 19, 2019. The applicant was asked to return with other options that include a larger pool. He said the applicant has provided two plans. Option one includes a 2,400-square foot pool and 4,225-square foot clubhouse, and option two includes a 3,200-square foot pool anda3,2l2-square foot clubhouse. Pete Evans with Flagship Homes explained the site plan was originally presented to the Council in January. The Council requested the clubhouse be redesigned to include a pop-out. That feature was added to the clubhouse design and the updated site plan was presented to the Council in February. During the February meeting, the Council requested the site plan be redesigned to include alarger pool. He explained they have designed two options that strike a balance between the pool size and other amenities. Councilmember Curtis expressed concem that approving a pool smaller than the Municipal Code allows sets a bad precedent. He stated the developer's intent is that the pool will serve 1,200 units total, not only the multifamily units. Mr. Evans said the Municipal Code requires two 1,O00-square foot pools and the smallest pool option is 2,400 square feet. Legally, they can open the pool up to those in the Tier III development and to residents outside of the Tier III development. He stated they have designed the amenities in such a way that the entire development will be well served. Councilmember Clark stated when the Council approves a modified plan, future developers will request the same modifications. Discussion ensued regarding Councilmember Clark's statement and specific requirements in Municipal Code. Mr. Evans explained the 3,200-square foot pool will provide I2.I2 square feet of pool space per unit in the Tier III development. Councilmember Burnham stated she prefers option two with a 3,200-square foot pool and a3,2I2- square foot clubhouse.

Councilmember Clark moved to approve the SilverLake South Clubhouse ønd Pool Site Plan Optíon Two. Councilmember Burnham seconded the motíon. Those voting aye: Colby Curtís, Stephaníe Grícíus, Benjamín Reaves, Donnø Barnhøm, and Melissa Clarlc The motion pøssed with ø unønimous vote. 16. EAGLE HEIGHTS VILLAGE 16.4. CONDITIONAL USE PERMIT APPEAL Mr. Jensen said on March 12, the Planning Commission approved a Conditional Use Permit for Eagle Heights Village with the condition that the eastern row ofhomes be changed to single-family homes. The applicant appealed the condition to the City Council, who remanded the item back to the Planning Commission to determine findings of fact and conclusions of law. The Planning Commission found that the findings of fact and conclusions of law supported the condition imposed. The applicant is now continuing the appeal process. City Attorney Jeremy Cook stated the Council is now acting as the appeal authority and will determine if there is substantial evidence in the record that the anticipated detrimental impacts could be reasonably mitigated if the applicant constructs one row of single-family homes on the east side ofthe project.

Councilmember Grícius stated in reviewíng the decision of the Plønníng Commission set forth in the Findings of Føct and Conclusíons of Law, the issue heþre the City Council, øcting as the appeal authority, is whether there ís substøntiøl evidence in the record thøt the anticípøted detrímental ímpøcts could he reasonably mitigated if Applicant constructs one row of single- famìly homes on the eøst síde of the Project. The evidence in record supports the jinding of the Plønning Commission that the project does not comply with the Generøl Pløn, and therefore we recognize the concerns of the Planning Commissíon and support the desìre of the Plønning Commission to impose condítions to mitigate the potential detrimentøI impacts. However, we jlnd thøt there is not substøntíøl evìdence in the record to support the conclusíon thøt the specijic condition imposed by the Planning Commission that ø row of síngle-famíly homes on the east side of the Project would reasonøbly mitígøte the detrímentøl impøcts ønd thereþre reverse the decision of the Planning Commission with respect to the imposed condítion øndJind that the condítíonøl use permit be øpproved without any condítions. Councilmember Clørk seconded the motion. Councilmember Reaves asked how the Council determined that there is no evidence to support the conclusion that the condition would not mitigate detrimental impacts. Councilmember Clark stated the decision is based on a review of the findings of fact and conclusions of law the Planning Commission submitted. While the Council recognizes the findings of the Planning Commission that the plan does not align with the General Plan, no evidence exists that the specific condition imposed by the Planning Commission would reasonably mitigate the detrimental effects caused by the conditional use permit. Those voting aye: Colby Curtìs, Stephanie Gricíus, Benjamín Reøves, Donna Burnhøm, ønd Melíssa Clark. The motíon pøssed with a unanimous vote. 16.8. ORDINANCE / PUBLIC HEARING - An Ordinance of Eagle Mountain City. Utah. Approving the Eaele Heiehts Villaee Master Development Plan. 16.C. SITE PLAN & PRELIMINARY PLAT Mayor Westmoreland asked if the ordinance, site plan, and preliminary plat could be discussed together. Mr. Cook stated they could be. Mr. Jensenpresentedthe Eagle Heights Village Site Plan, which consists of 284 units on 51.38 acres for a density of 5.53 dwelling units per acre. Alpine School District has indicated students in this development will be bussed to school. Rather than providing two 1,0O0-square foot pools, the applicant is proposing one 1,656-square foot pool, which provides over 5.8 square feet ofpool space per unit. The applicant has relocated one park and has included twenty-foot side setbacks on all lots, according to the Council's feedback. Mayor Westmoreland opened the public hearing at 8: I I p.m. Jeff Ruth said Tier III homes should not be allowed to be developed along the hillsides. He stated the entrance from Eagle Mountain Boulevard should match other intersections along that road. Mayor Westmoreland closed the publíc hearing at 8:13 p.m. Councilmember Burnham stated since the Council is allowing a buy down that is not required to be approved, they would like a trail installed that connects Eagle Heights Village to the larger park in Eagle Point. She stated Mr. Peterson may be reimbursed as development is completed in the property not owned by Horizon Development. Councilmember Clark stated a trail around the basin should be included, as should a trail to Eagle Point. Councilmember Bumham asked if a gravel path around the basin would be acceptable. Applicant Kirt Peterson with Horizon Development stated they would prefer an asphalt hail instead of a gravel path. He asked how he would acquire access to the property to install a trail to Eagle Point. Mr. Cook said the City owns an easement through one property, and Mr. Peterson could likely obtain access from the other landowner. Mr. Peterson asked if a reimbursement agreement would be included in the master development agreement. He said he would be agreeable to installing the trail with the understanding that once development happens, the City work with that developer to reimburse him for the trail construction. Councilmember Clark asked for clarification on the road design at the intersection of Eagle Mountain Boulevard and Lake Mountain Road. City Engineer Chris Trusty said the redesign the applicant has provided meets Municipal Code and he feels the applicant is working within the confines of the existing prescriptive easement. Councilmember Curtis expressed frustration that the entrance design meets the letter of the law but does not meet the intent. Mr. Peterson explained his traffic engineers have worked with Mr. Trusty and they have not designed the intersection based on expense; it is based on traffic engineer Eagle Mountain City Council Meeting -May 21,2019 Page l1 of17 input and Municipal Code. Community Development Director Steve Mumford explained a similar design exists at the intersection of Major Street and Eagle Mountain Boulevard. Councilmember Bumham asked staff how the intersection could be redesigned to match on both sides of Eagle Mountain Boulevard. Mr. Trusty stated the curb on the southwest side of the intersection could be moved to better align with the curb on the northwest side of the intersection. The easement concerns are on the east side of the road. Councilmember Burnham asked Mr. Peterson if he would be willing to adjust the curb as Mr. Trusty described. Mr. Peterson said he would provide the width of asphalt discussed if the Council does not require an island and does not require a recalculation of open space. He asked that staff determine the appropriate design for the road. Councilmember Burnham asked if the conditions proposed by the Planning Department have been met. Mr. Jensen explained some of the conditions have been met, but are still included for the record. Condition number three is included as the applicant has proposed a different fence than is required for collector roads in Municipal Code. He stated the Council should approve the applicant's proposed fence if they so desire. Mr. Peterson stated he agrees with all of the conditions presented by Planning staff.

Councilmember Burnham moved to approve sn ordinance of Eøgle Mountaín Cíty, Utah, approving the Eøgle Heights Vílløge Master Development Plan, preliminary pløt, and site pløn with the followíng conditions: 1. Rocldstone shøll møke up at least 30% of buildings ønd be used on all sides of the buildings; 2. 5.5 feet of ríght-of-wøy along Eagle Mountaín Boulevard shall be dedicated to the Cíty øt the time of plat recording; 3. Collector roødfencing shall be required ødjacent to Eagle Mountøin Boulevørd, Løke Mountain Roød, andfuture Airport Roød; 4. Applicant shøll comply with øny traffic mitigation required by the City Engineer; 5. An eight-foot (8') traíl stub shall be providedfrom park sk (6) to the west to align wìth future trøil connectíon; 6. An asphalt trail shall be provided around Pørk 6; 7. Applícant shall provide park pløns thøt show thøt the amenities shown ín previous park pløns are still being provided in the s&me locations; 8. The applicønt shall work with the Cíty Engìneer to ímprove the entrønce from Eagle Mountain Boulevurd to provide hetter ølígnment of the íntersectíon; 9. An asphalt trail shall be províded from Eøgle Heíghts Villøge to the west. Applícant shall work with støff to determine the width of the trøil øndpossible reimbursement once thatproperty is developed; and 10. The øpproval is contingent upon approval of the master development øgreement. Councilmember Gricius seconded the motion. Those voting aye: Stephøníe Gricìus, Benjømin Reøves, Donnø Burnham, and Melissa Clarlc Those voting no: Colby Curtis. The motion pøssed with ø vote of 4:1. 17. ORDINANCES / PUBLIC HEARINGS

Councilmember Gricius moved to approve øn ordínance of Eagle Mountaín City, Utah, ømending the Eagle Mountøín Municipøl Code, Chøpter 6.05 Animal Control, øs amended. CouncíImember Clark seconded the motion. Those voting aye: Colby Curtís, Stephanie Grícius, Benjamin Reaves, Donnø Burnham, and Melissa Clarlc The motion pøssed with ø unønimous vote. The discussed amended Table 6.05.260 (a) is as follows: Maximum Permitted Number of Dogs by Lot Size Dogs allowed as pets Hobby Breeder Short-Term Dog Dog Size Lot Size (No License Required) License* Sitting* Ken nel Small Condos/Apartments or 2 nla 2 n/a Townhomes Larse 2 nla 2 nla Small 2 4 4 nla Under S,S(XISF [arse 2 3 3 nla Small 3 4 4 nla 5,$1 - 8,q)0SF Large 3 4 4 nla Small 4 6 6 nla &001- 21,780SF Lârge 4 5 5 nla Small 4 6 6 nla 21,781,5F - 1 Acre Large 4 6 6 nla Small 4 8 g*'* nla > I Acre to < 10 Acres Large 4 8 g*ù nla Small 6 12** L2** As approved by PC > 10 Acres to < 20 Acres Lârse 6 L2** t2** As approved bv PC Small 8 16¡ {, 16t {' As approved by PC < 20Acres [arse 8 16{,* 16{,{, As approved bv PC * Total number of dogs allowed on properw ** Additional Doss mav be approved bv the Planninc Commission 17.8. ORDINANCE - An Ordinance of Easle Mountain City. Utah. Amendins the Eaele Mountain Municipal Code. Chapter 17.80 Sign Reeulations and Sien Permits. Mr. Jensen said the applicant-proposed Municipal Code change would allow model homes to have flagtrloles up to fifty feet tall. It was discussed at a previous Planning Commission meeting and the Commission recommended denial. Councilmember Curtis asked why the applicant has submitted this change. Jessica Eddington with Edge Homes stated they currently have a flagpole that meets Municipal Code in the Brandon Park subdivision. The flag currently stands below the home, and they feel the American Flag should fly above the home. Councilmember Curtis asked if Municipal Code can be changed for all residential areas, not just for model homes. Mr. Jensen said Municipal Code curently allows them to fly a flag ten feet above the home height. He stated a concern regarding the possibility of a resident purchasing a model home with a fifty- foot flagtrlole and potentially flying something other than the American flag. Ms. Eddington said the current Code states model homes can only install twenty-foot flagtrloles Mr. Mumford stated it would be beneficial to clarify the model home language, as the twenty-foot flag¡lole height restriction is for commercial flags, not the American flag. Mr. Jensen said the amendment can be edited to add that in addition to the twenty-foot commercial flagpoles, the American flag can be flown in such away that meets residential flag¡lole restrictions. Eagle Mountain City Council Meeting - May 21,2019 Page 14ofl7 Mr. Cook recommended the allowed flags be limited to the American flag, the Utah State flag, and the Eagle Mountain City flag, while prohibiting commercial flags. Mayor llestmorelqnd opened the public hearing at 9:06 p.m. As there were no comments, he closed the public hearing.

Councilmember Burnham moved to approve øn ordinance of Eagle Mountaìn City, Utah, ømending the Eøgle Mountaín Municipal Code, Chøpter 17.80 Sígn Regulations and Sign Permits, ømending the lønguøge as discussed. Councílmember Gricíus seconded the motion. Those voting øye: Colby Curtis, Stephanie Gricias, Benjamin Reaves, Donnø Burnham, and Melissa CIørk. The motion pøssed with a unanimous vote. The amendment to Chapter 17.80.120 Section L is as follows: In addition, a single flag pole that complies with the standards for ancillary structures defined in 17.25 may be constructed. Flags allowed on this flag pole include only the National, State, and Eagle Mountain Flags, no commercial flags shall be allowed on this flag pole. American flags shall not exceed 40 square feet in size.

Councilmember Curtis moved to approve an ordinønce of Eagle Mountaín City, Utøh, amending the jiscøl yeør 2018-2019 budget. Councilmember Clark seconded the motion. Those voting aye: Colby Curtìs, Stephanie Grìcíus, Benjømin Reaves, Donns Burnham, and Melíssø Clørk. The motion passed with a unønimous vote.