Eagle Mountain Planning Commission, 12 May 2020

Commissioner Everett moved to approve the April 28, 2020 minutes. Commissioner Wright seconded the motion. Those voting aye: Matthew Everett, Brett Wright, Rich Wood, Christopher Pengra, and Erin Wells. The motion passed with a unanimous vote. 5. Status Report Mr. Mumford stated the City Council approved the Parkway Crossroads plat amendment and tabled the Sage Park Business Center development agreement due to concerns regarding the applicant's request for permanent vesting of a right-in, right-out access and reimbursement for road installation for a width over 53 feet; staff and the applicant are working together to revise the agreement. Eagle Mountain Planning Commission Meeting-May 12, 2020 Page 2 of 12 6. Action and Advisory Items 6.A. Auto Zone Site Plan & Recorded Plat Amendment - Public Hearing Commissioner Wood expressed concern regarding the late submission of materials allowing insufficient time for resident and Commission review of the changes. Mr. Mumford explained the changes were in response to staff amendment requests and expressed appreciation for the applicant's willingness and efforts to address concerns. Planning Manager Michael Hadley presented the item. The application is for an Auto Zone located on lot 7 in the Porter's Crossing Town Center. Lot 7 is 2.39 acres with the majority of the lot in the Tickville Wash. The recorded plat amendment will remove the Tickville Wash from lot 7 and create a separate lot for the wash. Staff requested that building move to the front oflot 7 to comply with the City's commercial design standards, as the parking is located in the front of the building. The applicant's amended site plan resolved the building location and parking issues. Staff recommends a condition of approval that a dark sky ordinance-compliant lighting plan is submitted. Commissioner Wells requested that staff to address safety concerns expressed m resident communications due to the site's proximity to the Tickville Wash. Mr. Hadley stated Municipal Code requires distancing from washes. The City Engineer has reviewed the site plan and did not express any safety concerns regarding the site proximity to the wash or retention pond. Mr. Mumford stated staff requires a slope stability study to be completed prior to issuing a building permit, when warranted, and the study may also be included as a condition of approval, if desired. He explained the building site is located outside of the Tickville Wash easement. Mr. Hadley stated staff will review the site plan to ensure adequate headlight screening through berming or landscaping on the east and north sides of the property. Commissioner Wood expressed concern the elevations did not adhere to Municipal Code as it contains more than 50% stucco. Applicant representative Colby Anderson with Anderson Wahlen and Associates stated he has represented all Utah Auto Zone locations. He stated Auto Zone is willing to remedy all concerns expressed by the Commissioners to ensure Municipal Code adherence. He explained the plan to locate the building outside of the wash easement and plans to address water runoff during storm conditions. Mr. Anderson expressed a willingness to reduce the stucco use on the elevations to adhere to Code requirements. He stated the site topography would be flattened and the retention pond will overflow into a storm pipe and drain into the Tickville Wash. Eagle Mountain Planning Commission Meeting-May 12, 2020 Page 3 of 12 Commissioner Pengra expressed concern regarding the protentional for slope erosion in the Tickville Wash during major storm events. Mr. Anderson explained the grading plan for the site and retention pond, which will catch site water with minimal impact to the Tickville Wash easement. Commissioner Pengra stated that while he appreciates the purpose of the Code requirement ofroad frontage for aesthesis, he is concerned that the relocation of the building to adhere this requirement will increase safety issues. Mr. Anderson requested flood elevation data for the Tickville Wash. He stated the building would be located 60 to 70 feet away from and 16 to 17 feet higher in elevation than the bottom of the wash. He expressed the desire to exercise caution and have a geotechnical consultant evaluate the slope stability and soil composition of the wash. Commissioner Wood asked if the elevations would be impacted by the relocation of the building in the updated site plan, and if the applicant planned on installing a monument sign. Mr. Anderson stated the architectural features were not impacted and, due to the location of the building and the utilities, a monument sign is not planned. Discussion ensued regarding the potential installation of and Code requirements for a monument sign. Commissioner Wright expressed appreciation for Auto Zone building in Eagle Mountain. He stated he lives near Tickville Wash and expressed concerns regarding the its vulnerability during a major storm event due to the collapsible clay soil composition and suggested relocating the building to the southeast of the property. He expressed concern that the elevation renderings did not adhere to architectural design requirements. Mr. Anderson reviewed the Commission's concerns and said he will work with Auto Zone to resolve the issues discussed. Commissioner Everett inquired regarding the feasibility of rotating and relocating the building to the southeast side of the lot. Mr. Anderson stated the site design could be modified; however, he would need to consult with Auto Zone to determine the retail impact and viability of relocating the building. Discussion ensued regarding Code requirements and safety concerns. Commissioner Wood opened the public hearing at 7:21 p.m. Bettina Cameron submitted a comment via email against the Auto Zone site plan due to safety concerns regarding the site location's proximity to the Tickville Wash and expressed her opinion that it violated Municipal Code requirements for natural washes. Discussion ensued regarding leaving the public hearing open and potentially tabling the item due to the late receipt of additional materials and safety concerns regarding the Tickville Wash. Eagle Mountain Planning Commission Meeting-May 12, 2020 Page 4 of 12 During the May 26, 2020 Planning Commission meeting, the Commissioners discussed the public hearing and determined the intent of the Commission was to continue the hearing to the meeting in which the item returns.

Commissioner Wood moved to table the Auto Zone site plan and recorded plat amendment until the next scheduled meeting to allow time for the applicant to address concerns regarding the building's architectural design and site location, and to work with staff and experts to determine if a slope stability study is warranted for Tickville Wash. Commissioner Wright seconded the motion. Those voting aye: Matthew Everett, Brett Wright, Rich Wood, Christopher Pengra, and Erin Wells. The motion passed with a unanimous vote. Commissioner Wood recessed the meeting from 7:36 p.m. to 7:46 p.m. 6.B. 7-Eleven Convenience Store Site Plan - Public Hearing 6.C. Dollar Tree Site Plan - Public Hearing Items 6.A. and 6.B. were presented and discussed concurrently. Mr. Hadley presented the items. The proposed 7-Eleven and Dollar Tree site plans are located on Lot 1 in the Carson Commercial development. The Carson Commercial Master Site Plan was approved by the City Council on August 6, 2019. The two-acre lot has enough acreage for both site plans. The applicant is interested in dividing the two-acre lot into two one-acre lots. Dividing Lot 1 could be processed as a final plat, as Carson Commercial Plat 3 has not yet been recorded. The Planning Commission and City Council will decide if the applicant can work with staff on a final plat application. Mr. Hadley explained the only staff concern regarding the 7-Eleven site plan is adherence to Municipal Code signage requirements. Staff recommends the Planning Commission recommend approval of the 7-Eleven Convenience site plan to the City Council with the conditions that all landscaping is improved up to Pony Express Parkway with a mixture of plants and rock, the signage complies with Municipal Code requirements, and all lighting complies with the dark sky ordinance. Mr. Hadley explained staff concerns regarding the Dollar Tree site plan include the architectural design, the building location and parking, and the sign design. Additional design features should be added to the proposed building to conform with Municipal Code, the building should be moved forward up to the road and the parking relocated to behind the building, and the sign should be designed to conform to City standards. Mr. Hadley stated the applicant is working with staff to determine a left tum lane access. Staff recommends the Planning Commission recommend approval of the Dollar Tree site plan with the conditions that all landscaping is improved up to Pony Express Parkway with a mixture of plants and rocks, the signage complies with Code requirements, all lighting complies with the dark sky Eagle Mountain Planning Commission Meeting-May 12, 2020 Page 5 of 12 ordinance, the architectural design include additional detail features including rock on the vertical columns and some type of awning to break up the stucco and windows, and the building is moved up to the road and the parking in the front is moved behind the building. Commissioner Pengra asked when the application was submitted, as several features do not comply with Municipal Code standards. Mr. Hadley explained the materials were received within the appropriate time frame and the applicants requested to discuss some of the Code adherences concerns with the Planning Commission. Applicant representative Larvin Pollock stated a lighting plan has been submitted, the lighting levels adhere to Code requirements, and none of the lighting poles are located between the rear of the buildings and residential units. He explained the 7-Eleven site plan was originally designed with the canopy in the front, but that caused visibility obstruction of the Dollar Tree store. He stated the submitted site plan designs allow for visibility for both the 7-Eleven and Dollar Tree locations while maintaining clearance for delivery and refueling truck access. He stated they have they designed the median in accordance with the City Engineer's specifications. Commissioner Wood requested that staff indicate the location of the fuel pumps and tanks for the benefit of the public, and expressed concern that should the Commission determine to recommend moving the fuel pumps and tanks to the rear of the property in accordance with Code specifications, the fuel pumps. tanks and traffic would be closer to the home behind the property. He stated his preference that the 7-Eleven building abut the residential area and suggested the removal of the median to improve traffic flow. He expressed concern that the rear elevation of the Dollar Tree store does not adhere to Municipal Code standards. Mr. Pollock indicated potential fuel truck routes and stated fuel trucks would not impede resident traffic flow. Commissioner Everett expressed concerns regarding the location of the Dollar Tree building. He asked if the applicants would be amenable to reorienting the building to face east. Applicant representative Ryan Forsyth stated an east-facing orientation could be researched but due to the shallowness ofthe parcel, locating the building against Pony Express Parkway would prohibit road clearance for delivery trucks due to the 7-Eleven orientation; he also indicated the Dollar Tree delivery route and doors. Commissioner Wood concurred with Commissioner's Everett's suggestion to orient the building to the east and suggested the installation of a drive lane in front of the Dollar Tree to provide fuel truck access to the 7-Eleven fuel tanks in lieu of requiring parking in front of the Dollar Tree. Commissioner Everett expressed concern regarding sign compliance for both sites. Mr. Forsyth stated he would work with staff to bring the signs into compliance. Commissioner Pengra inquired regarding the lumens per square foot for the gas station and asked staff if the lighting plan followed Municipal Code standards and if berming will be included along Pony Express Parkway to shield headlights. Mr. Hadley stated the applicant had not yet provided Eagle Mountain Planning Commission Meeting - May 12, 2020 Page 6 of 12 the total lumen count for the site. Mr. Pollock stated no berming was planned due to a retention pond but said landscape screening could be installed. Commissioner Wright asked for details regarding the color scheme of the 7-Eleven canopy. Mr. Forsyth stated the canopy will follow the current 7-Eleven design style of a white canopy with green and red accents. Commissioner Wood opened the public hearing for the 7-Eleven site plan at 8:29 p.m. Resident email communications against the project were received from Jesse Green, Justin Ricks, Ana Najera, Brandon Woolf, Rochelle Cherry, Jesse Clark, Brook Dunford, Natalie Torres. Commissioner Wood summarized resident concerns: property value impact, traffic increases or impediments, safety concerns regarding spills or fires, the location of the gas station, setback issues, and that residents were told office buildings would be constructed on the site. The following residents requested to have their comments read into the record: How will the gas station handle their tank emissions? Where will they emit from? Will concentrations be monitored and reported, if so how? How will the gas station prevent runoff of toxic pollutants into adjacent properties? How will the gas station monitor pollutant (including methane, benzene) runoff into adjacent homes? Joshua Hansen I have serious reservations about the proposed businesses to be constructed directly behind my home. I strongly feel that retail businesses would be better suited across the street alongside the existing businesses. I worry that such businesses will damage the image of our community and hurt property values. Furthermore, I have many concerns about the construction of a gas station right behind my home. I worry about gas leaks and fire hazards that close to so many homes. Not to mention the light, noise, smells etc. I urge you to reconsider for the safety of my family. Diana Anderson Commissioner Wood closed the 7-Eleven site plan public hearing and opened the Dollar Tree site plan public hearing at 8:36 p.m. Resident email communications against the project were received from Brandon Woolf, Diana Anderson, Rochelle Cherry, and Brook Dunford. Commissioner Wood closed the Dollar Tree site plan public hearing at 8:37 p.m. Mr. Forsyth stated 7-Eleven is the largest convenience store operator in the world and adherence to safety, environmental, and legal regulations is important to the company. He stated the property is zoned as commercial and the location is well-suited for the business. He expressed appreciation for stable businesses that provide essential services, especially in regard to the current economic Eagle Mountain Planning Commission Meeting-May 12, 2020 Page 7 of 12 difficulties. He said both 7-Eleven and Dollar Tree maintain their property aesthetics and strive to comply with city codes and be a beneficial addition to communities. Commissioner Wells inquired of staff regarding the zoning of the property. Mr. Hadley verified the location is zoned Commercial and had never been zoned specifically for office space. Commissioner Everett stated the area had originally been proposed to be residential and townhomes were suggested for the location. He stated during his tenure as a Commissioner the site was rezoned to Commercial and was not required nor requested to allow only office use. He stated anyone that told residents the area was intended for a specific commercial use was not being truthful. Commissioner Everett explained the City does not determine the location of businesses. Businesses approach the City and request to develop a specific property. The Planning Commission's responsibility is to recommend approval or denial based upon the project's compliance with Municipal Code. Discussion ensued regarding the site plans' compliance with Code. Commissioner Wright stated he is not opposed to the gas station, but his preference is to see a comprehensive plan for the location before approving either site plan and expressed concern regarding insufficient space for extended fuel tanks to be able to maneuver within the site. He acknowledged resident concerns and reiterated the site zoning as general Commercial. He explained his desire for more businesses to develop in Eagle Mountain City within designated areas and recognized 7-Eleven's experience and expertise in construction of gas stations and the company's ability to develop and maintain safe sites. Mr. Forsyth stated Dollar Tree withdrew their application for a location in another state when required to locate the building adjacent to the street line. He stated each company has an individual timeline and requested the Commission consider the site plans individually. Mr. Pollock stated the retention pond in the right-of-way was determined by the developer and would impact all lots in the development. Commissioner Wright stated allowing 7-Eleven to not comply with Municipal Code location requirements, although preferable, results in the need for berming. Mr. Hadley stated the Code allows for landscape shielding in lieu of berming. Commissioner Wells requested clarification from the applicant regarding truck routes to the 7- Eleven, should Dollar Tree withdraw their application. Mr. Forsyth explained he has other compact developments similar to this design and 7-Eleven does not utilize the larger tank trucks used by other companies.

Commissioner Pengra moved recommend approval to the City Council oft he 7-Eleven Convenience Store site plan with the following conditions: Eagle Mountain Planning Commission Meeting - May 12, 2020 Page 8 of 12 1. The applicant shall submit a lighting plan with the gas station canopy and light pole locations in compliance with Municipal Code requirements; 2. The applicant shall work with the City Engineer to refine the transportation/egress plan to ensure safe fuel truck access through removal oft he median or other amendments; 3. Headlight screening shall be added along Pony Express Parkway; 4. Signage shall be in compliance with Municipal Code; and 5. The landscaping plan along Pony Express Parkway shall include plants in addition to rocks. Commissioner Everett seconded the motion. Those voting aye: Matthew Everett, Brett Wright, Rich Wood, Christopher Pengra, and Erin Wells. The motion passed with a unanimous vote.

Commissioner Everett moved to table the Dollar Tree site plan until the applicant provides the following: 1. Plans showing the building oriented to front to the east, and moved toward Pony Express Parkway to allow for a traffic lane easement; 2. A lighting plan; 3. A monument sign in compliance with Municipal Code; and 4. Plans including architectural elements as outlined in Chapter 17. 72.040 (b)(d)(e)(f). Commissioner Wright seconded the motion. Those voting aye: Matthew Everett, Brett Wright, Rich Wood, and Erin Wells. Those voting nay: Christopher Pengra. The motion carried with a vote of 4:1. 6.0. Arrival Master Development Plan Amendment & Preliminary Plat Amendment - Public Hearing Mr. Mumford explained that the applicant recently discovered shallow bedrock or other unacceptable soils in many of the remaining lots in the Arrival development. The purpose of the redesign is to provide each lot with suitable soils for septic drain fields based on geotechnical explorations in the area. The State now requires two redundant drain field locations on each lot, which was not the case when Arrival was originally approved. The number of lots in the development has not increased; the lot area has been redistributed. No lot is smaller than half an acre; many one-acre lots have reduced sizes, but most half-acre lots have been slightly increased in size, ranging from 0.64 - 0.75 acres. He explained the lot distributions for the project in the existing plan and the proposed plan. Existing Plan: • 2+ acres: 2 lots • 1-1.99 acres: 49 lots • 0.5-0.99 acres: 11 lots (including 7 lots that are less than 0.64 acres in size) Proposed Plan: Eagle Mountain Planning Commission Meeting-May 12, 2020 Page 9 of 12 • 2+ acres: 2 lots • 1-1.99 acres: 49 lots • 0.5-0.99 acres: 11 lots (including 7 lots that are less than 0.64 acres in size) Mr. Mumford said the City's connectivity standard allows a maximum block length of 1,200 feet. The applicant has included a midblock trail in place of a road access, and the roads have been reduced in length from the previous plan. While not required, the developer chose to provide a 2.16-acre park which would fulfill the 500 square feet per lot open space requirement. The updated plan still provides lots larger than one acre in size adjacent to Camp Williams, but staff recommends that the lot adjacent to North Ranch be increased to one acre. Commissioner Wood expressed concern regarding the poor connectivity in the area impeding emergency service vehicles. Mr. Mumford stated connectivity issues could be addressed during the approval in consideration of current Municipal Code requirements. Applicant Scot Hazard explained the geological testing results and drainage difficulties in the area due to the soil composition. He stated the road connection removal was due to soil conditions and block road lengths are shorter in the new proposal than in the approved plan. Due to the change in the State requirements, no pavement or outbuildings such as barns can be built over the redundant drain fields, which makes it difficult to attract buyers for the larger lots. He explained the density redistribution and drain field placement and stated potential buyers will receive the information regarding the soil composition studies and drain fields. He expressed willingness to adjust lot lines to address lot transitioning concerns. Commissioner Wood expressed concern the sloped topography of lots 709 to 712 and lot 808 would have insufficient building envelopes to allow for a home and the drain field. Mr. Hazard stated the soil composition allowed for home construction and he did not foresee topography hindering buildable area for those lots. Commissioner Wood inquired why the church site had been relocated to an area that impeded connectivity. Mr. Hazard stated the amended church site was at the request of the Church Jesus Christ of Latter-day Saints. He said the Church purchased the land indicated on the new site plan several years ago. Mr. Hazard explained the only lost connectivity was in the northeast comer of the project due to the removal of a section of road between areas designated as lots 707 /708 and 508/511 on the amended plat and replaced with pedestrian access along lots 705/706 and 514/515. He said inserting another road to increase connectivity would shift other roads, reducing lot size and impeding fulfillment of the State drain field requirement. Commissioner Wood opened the public hearing at 9:35 p.m. No comments were submitted to the City Recorder's Office and no public was in attendance to make comment. As there were no comments, Commissioner Wood closed the public hearing. Commissioner Wells expressed concern that the amended preliminary plat does not comply with connectivity standards. Eagle Mountain Planning Commission Meeting-May 12, 2020 Page 10 of 12 Mr. Hazard stated the Church of Jesus Christ of Latter-day Saints will most likely install a septic system and purchased a large enough lot to construct a building and provide the requisite drainage fields. Mr. Mumford verified the church site had been approved and recorded. Commissioner Wright requested clarification regarding the lot resizing counts and calculations. Mr. Mumford explained that due to the rocky soil in the northwest corner of the projects, the lot sizes were increased from 1 to 1.5 acres to 3 or more acres in order to provide the requisite drainage fields; as a result, several I-acre lots have been reduced in size 0.6 to 0. 75 acres in order to maintain project density. He stated the traffic impact would remain the same and the road connectivity is staff's only concern. Mr. Mumford verified that per State Code, septic systems may be installed on lots under one acre in size. He stated a Municipal Code amendment requires lots with septic systems to be over an acre in size and the original approval for this project predates the amendment. Commissioner Pengra expressed concern with requiring Municipal Code compliance to the detriment of the viability of the project. Commissioner Wood verified the smaller lots were approved to include animal rights with the equine overlay zone during the initial preliminary plat approval. Commissioner Wright expressed his preference of the development of lots greater than one acre and verified that the density from the original church site was shifted to other areas in the development with the creation of a new church site. Mr. Hazard explained a developer is disincentivized to develop a church site due to the loss of density. Mr. Mumford explained an master development agreements generally include a reduction in the overall density for lots lost for church or school sites; however, the Arrival Master Development Agreement does not include a density reduction requirement. Discussion ensued regarding density transfer and lot size. Mr. Hazard advocated for the City to consider altering the block length and other requirements for projects with larger lots due to the infrastructure installation costs that disincentivize developers from offering larger lots due to the resulting reduction in revenue.

Commissioner Pengra moved to recommend approval of the Arrival Master Development Plan amendment and preliminary plat amendment to the City Council with the condition that the lot abutting North Ranch be increased to one acre to comply with buffering requirements. The motion failed due to lack ofa second. Commissioner Everett expressed uncertainty regarding approval of the project. Commissioner Pengra expressed concern that strict Code adherence which increases the applicant's burden in resolving engineering issues that have arisen will discourage the applicant Eagle Mountain Planning Commission Meeting-May 12, 2020 Page 11 of 12 and other developers from offering larger lots in the City. He stated the applicant is not able to adhere to the terms of the original application due to updated State requirements. Recommending denial without proposing a viable resolution to the Commission's concerns does not fulfill the roles and responsibilities of the Planning Commission.

Commissioner Wells moved to recommend denial to the City Council of the Arrival Master Development Plan amendment and preliminary plat amendment due to the reduced connectivity throughout the project. Commissioner Wright seconded the motion. Those voting aye: Brett Wright, Rich Wood, and Erin Wells. Those voting nay: Matthew Everett and Christopher Pengra. The motion carried with a vote of3 :2. 6.E. Development Code Amendment Business Park Zone (EMMC 17.37) - Public Hearing Mr. Mumford presented the item and explained it divided the Business Park Zone into three zones and designated land uses within the zones. Commissioner Wood opened the public hearing at 10:17 p.m. No comments were submitted to the City Recorder's Office and no public was in attendance to make comment. As there were no comments, Commissioner Wood closed the public hearing.

Commissioner Everett moved to recommend approval to the City Council of the amendment to Eagle Mountain Municipal Code Chapter 17.37 Business Park Zone. Commissioner Pengra seconded the motion. Those voting aye: Matthew Everett, Brett Wright, Rich Wood, Christopher Pengra, and Erin Wells. The motion passed with a unanimous vote. 7. Discussion Items 8. Next Scheduled Meeting Commissioner Wood requested the following meeting include a discussion on the City's General Plan including traffic, the creation or prohibition of an Industrial Zone, and the overlay. 9. Adjournment