Eagle Mountain City Council, 4 February 2020

Councilmember Burnham moved to øpprove the consent øgendø wíth ítems 13.4. ønd 15.4. as amended, and removing item 15.A. and placing it øs ø scheduled item. Councilmember Gray secondedthe motion. Thosevoting aye: Donna Barnhøm, Colby Curtis, Melissa Clørk, Jøred Grøy, and Carolyn Love. The motíon passed with a unanimous vote. SCHEDULED ITEMS 14. PRELIMINARY PLATS & SITE PLANS 14.4. Holiday Oil Sunset Drive - Preliminary Plat & Site Plan Councilmember Curtis verified the issues with the trails and UDOT's right-oÊway, that were addressed during the work session, had been solved. Mayor Westmoreland said he assumes it will be similar to the sidewalk/trail along Mountain View Corridor, as opposed to a standard City sidewalk width. Councilmember Curtis and Love verified the existing south and west trails will remain until UDOT begins infrastructure expansion to the area. Councilmember Curtis stated that the lot [to the west] is unlikely to develop if they approve the plat as designed, and he asked the Council if they agree with approving the plan even if it means the western lot will remain vacant. Councilmember Love asked if they should require a stub south of the carwash or allow for an easement. Councilmember Curtis expressed that he does not think a stub helps more than an easement would. Councilmember Gray disagreed and felt that a stub would have additional benefits such as allowing firetruck access. Councilmember Love suggested they require an easement for now and a stub when the lots to the west of the property are developed. Councilmember Curtis asked if it is within the Council's power to require the developer to build a fence on the school's property. Applicant John Linton with Holiday Oil said the only reason a fence would not be built is if the school district decides they do not want one; he is happy to go on recorcl committing to assist in flrnancing the fence. Councilmember Gray asked if the fence was required to obtain an ofÊpremise beer license. The applieant clarified that the requirements for the license dictate the distance between the doors of the school and the doors of the gas station; the site does not require a fence. Councilmembers Curtis and Burnham discussed how the Council would or could include a condition to ensure Holiday Oil fbllows through with their agreement with the school district. Councilmember Curtis said it falls on the school district to follow through if there are issues with the fence construction. Councilmember Clark stated in the past, some developers have made verbal commitments to the Council but did not f'ollow through. The Council was unable to enforce the verbal agreements as they were not included as conditions of the approval, granted by the Council. Mr. Cook said because the applicant is agreeing to the construction of the fence, the Council can include it as a condition of approval or for another step in the process such as when obtaining a building permit. Councilmember Burnham asked what would happen if the school district decides they do not want a fence. Mr. Cook said the applicant could show proof that the school district does not want a fence and the City would remove the requirement. Discussion ensued between the Council, applicant, and staff over the potential wording of the requirements in the motion. Mr. Cook asked the Council to address the concern of moving trucks, that currently park along the future access to the gas station, relocating to the gas station's parking lot. Municipal Code does not allow for the gas station parking lot to be used as overflow parking. Councilmember Gray asked if a parking agreement was part of obtaining permission for the north access. The applicant said it was not. Discussion ensued regarding the property line, landscaping, the availability of truck parking, and concems over current and future Municipal Code adherence by Sunset Storage. Councilmember Clark asked Mr. Mumford for clarification on the landscape design and placement. Mr" Mumford said he was unsure but believes the landscaping was included with the original Sunset Storage site plan but was never completed. Councilmembers Curtis and Clark expressed the desire to require landscaping in the area and to strictly enforce Municipal Code. Councilmember Gray asked if it should be included in the motion that Sunset Storage is responsible for that portion of the landscaping. Discussion ensued regarding Holiday Oil installing landscaping on Sunset Storage's property" Mr. Linton said they want to be a good neighbor and would be willing to install the landscaping with Sunset Storage's permission. Councilmember Gray asked if the applicant has fulfilled the Planning Commission's condition to meet with the Utah County Sheriff s Office (UCSO). Councilmember Curtis asked Mr. Mumford if requiring an applicant to meet with the UCSO is permittable under Municipal Code. Mr. Mumford replied that it was required due to traffic and safety of school children concems that arose during the conditional use permit review. Deputy Sheriff Eric McDowell responded the school had reached out to his office and he passed on the concern to Mr. Mumford. They discussed the issue and he trusts the engineering and traffic studies will resolve any issues; he does not have any concems" The Council reviewed the potential concerris and recommendations to be included in the conditions ofapproval. Councilmernber Clark stated that the Planning Commission wanted to verify the applicant would comply with the dark sky ordinance due to compliance issues with a previous Holiday Oil gas station. Mr. tinton stated the previous gas station \ryas constructed as the dark sky ordinance was being implemented. The plans they submitted were approved, so they thought they were in compliance. He agreed to ensure they install dark-sky lights with the development of the property.

Councílmember Gray moved to øpprove the Holiday Oìl Sunset Drive preliminøry plat and site plan wìth thefollowíng conditions: 1. The øpplícønt shall particìpøte wíth Blackrìdge Elementøry in føcílítatíng the ínstøIlution of a fence to ølleviøte the príncipal's concerns; 2. The síte plan shøll comply wíth the dørk sþ outdoor líghtíng ordinønce (1 7. 5 6 EMMC) ; 3" The site plan shall include øccess easements on the north and south ends af the western property line, and on the east síde of the northern property lìne, and the øpplicant shall buìld an uccess on the north end of the nestern property line to lot two; ønd 4. No landscøping shøll be requíred of the adjøcent property owtner. Councílmember Burnhøm seconded the motíon; Those voting aye: Donnu Burnham, Colby Curtis, Melíssa Clark, Jared Grøy, ønd Cørolyn Love. The motíon passed with ø unanimous vote. I4.8. JJ Ranches Preliminary Plat - Mayor Westmoreland stated that during work session, the Council expressed concerns over ramifications of density transfer, should this preliminary plat be approved. Mr. Mumfbrd cited the requirement in the Pole Canyon Master Development Agreement for the approval of a separate master development plan for each neighborhood planningarca when ready to clevelop. The overall density requirement stated in the Pole Canyon Master Development Agreement. Councilmember Burnham verified the Council's inability to rotroactively change the density allowance. Mr. Mumford explained the future plats would need to comply with the Municipal Code in effect on the date the application is filed for development approval. Councilmember Clark said she is in favor of approving the hve-acre lots but is concerned about the impact it could have on the development of the entirety of the Pole Canyon subdivision. Discussion ensued regarding potential ramifications of density transfers and if there was a way to prevent any one area being developed with too high of density. Mr. Cook asked Mr. Mumford if the applicant owns all of the property within NPA-4 or if they would need to get another entity to agree to stipulation that prevents density transfer from NPA-4. He expressed the desire to approach this properly if it is the Council's prerogative to only approve the preliminary plat with the condition of reducing the ability to transfer density from this area. Discussion resumed over density numbers and how they might be transferred, as well as and the potential ways to reduce the over density potential. Councilmember Clark asked if the motion could be approved with the condition of an approved amendment to the Pole Canyon Master Development Agreement" Mr. Cook said that would inform the applicant that the preliminary plat would be approved, but the City would not record the plat until the master development agrcement alteration was approved. Mayor Westmoreland called the applicant forward and asked his opinion on the contingency as discussed per an amendment to the master development agreement. Applicant James Earl Smith said he could not speak to how the developers of the Pole Canyon project would feel about the contingency and felt the developer was gracious to allow them to build houses on their family farm. The Council explained to applicant their concern about density transfer resulting from construction two homes on thirteen acres ofproperty. Mr. Smith said he is unable to speak to how the developers would feel about adding density transfer restriction to this preliminary plat approval. Mayor Westmoreland asked Mr. Smith if the density transfer restriction would cause him any harm. The applicant said his only concern would be a long delay in construction while waiting for the negotiation and approval of amendments to master development agreement. Mayor Westmoreland expressed that they do not want to cause him delays, but the City also feels responsible to ensure there are no unintended consequences to approving the preliminary plat. Mr. Smith said he understood and hoped that allowing a few larger lots would benefit the community. Councilmember Bumham verified his land was adjacent to White Hills Country Estates, which has five-acre lots, and expressed her view that his construction would be harmonious with the other area. Councilmember Curtis said the Municipal Code would require lot size transitioning between the preliminary plat under discussion and future development in Pole Canyon. Councilmember Curtis expressed concerns with how this decision will impact long-term development of the area decades from now. Councilmember Love asked for clarification from Mr. Mumford on the lot size transitioning requirements. Mr. Mumford responded this development has to comply with current Municipal Code standards requiring a transition of five-acre-lots to two- acre-lots to one-acre-lots to halÊacre-lots. Mr. Cook explained that some of the NPAs within this master development agreement have specific transitioning and others fall under the current Code, unless that transitioning prevents the developer from obtaining the overall approved density. Councilmember Clark asked if the location of the Boy Scout campground is within the Pole Canyon area, and if the unused housing density from the campground would be transferred to the other areas the development. Eagle Mountain Cify Council Meeting - F'ebruary 4,2020 Page l4 of l7 Mr" Pili responded the Boy Scout park fulfilled a twenty-acre regional park requirement. Mr" Pili and Mr. Cook indicated that they would need to fuither research the density transfer requirements before providing an answer regarding unused density in the park. Mr. Cook said that the master development agreement allows such a high amount of density that the agreement, as it stands, would allow the developer to put in as much high-density housing as they desire would likely request. Councilmember Gray clarified that the regional park in NPA-17 was no longer required due to the installation of the Boy Scout campground. Mr. Cook confirmed the park is not required within NPA-17 due to the donation of one hundred acres for the Boy Scout park. Councilmember Curtis asked if housing density had been assigned to NPA-17. Discussion ensued regarding the density. If no density was assigned to NPA-17, an amendment to the master development agreement would be needed to transfer density to that area. Mr. Pili suggested time for staff to compile the requested information and stated the Council could make approval conditioned upon staff findings. Councilmember Gray asked what would happen if the developer rejects the conditions. Mayor \ilestmoreland stated the difficulty in approving the request while considering multiple scenarios. Councilmember Curtis said that staff research could find the approval or denial of this plat may not have any impact on transferable density. Councilmember Love requested that the motion include a condition that they address potential flooding and runoff issues. Councilmember Clark stated that runoff issues may fall under the purview of other landowners. Mayor Westmoreland asked Mr. Smith about flooding on his property" Mr. Smith said he has never had erops wash away in that area but agrees homes should be elevated sufficiently to decrease the chance of flooding. It was suggested the issue could be addressed with the building permit. Councilmember Curtis asked Mr. Mumford the stage when flooding issues would be addressed. Mr. Mumford said they generally look at the construction drawings that come with the plat.

Councílmember Gray moved to approve the JJ Rønches preliminary pløt wÍth the candítion that the øpplicønt shøll work wíth stølf to ømend the PoIe Cunyon Møster Development Agreement. Motíon not seconded; motìon faìleú" Councilmember Curtís moved to tøble the JJ Ranches prelimínøry plat pendíng an amendment to the Pole Cønyon Master Development Agreement. Councìlmember Love seconded the motìon. Those votíng øye: Donnø Burnhøm, Colhy Curtís, Melissø Clørk, Jøred Gray, and Cørolyn Love. The motion passed wíth ø unønímous vote. 16. CITYCOUNCIL/MAYOR.'SBUSINESS Eagle Mountain Cif Council Meeting - February 4,2020 Page 15ofl7 Ç ou¡q i lnqeraþel _B umham See Board Liaison Report. Çounqiluqmber Çlark See Board Liaison Report" Councilmember Cur,tis None. Councilmember Love None. Councilmember Gra)¿ See Board Liaison Report. Mayor Westmoreland Mayor V/estmoreland expressed excitement for all the great things to come this year and thanked the staff and Council for all of their efforts. 17. CITY COLINCIL BOARD LIAISON REPORTS Councilmember Clark Councilmember Clark stated members of the Military and Veterans Advisory Board did not attend the past City Council Meeting due to confusion as to where and when they would be sworn in and whom was appointing them. Be Ready Eagle Mountain held a Ham radio examine class on February 4,2020" They plan to offer at least one class per quarter to provide training and licensing. She mentioned the great things being done by Neighborhood Watch. The City offers both training and networking to help citizens prepare for disasters and emergencies. Every second Thursday, residents can attend various preparation classes. There is an upcoming meeting for the Pony Express Events, and she is excited to work with them" The Cemetery Board is planning to offer half-burial plots for children and are considering extending resident rates to certain city employees. Councilmember Burnham Councilmember Burnham met with the Military and Veterans Advisory Board. Email notifications send to veterans boosted attendance numbers" She agreed the misunderstanding with appointments was due to confusion over the Council making the assignments not the Board. Improvement in communication should prevent future issues. Cqu{ìcjlrnember Gray Councilmember Gray met with the Senior Council Advisory Council and he encouraged senior citizens to participate in the activities they offer such as Step-On and arts and crafts. Councilmember Gray expressed appreciation to staff for the additions of bathrooms at the Pony Express Memorial Park. I8. COMMUNICATIONITEMS Eagle Mountain City Council Meeting - February 4,2020 Page l6 of l7 18.4. Upcoming Agenda ltems 19. ADJOURNMENT