Eagle Mountain City Council, 6 October 2020

Councilmember Curtis moved to approve the consent ogenda, amending the minutes, øs discussed, and removing item 13"A" ønd placing it ss ø scheduled item- Councilmember Clark seconded the motion" Those voting oye: Donnø Burnham, Melissa Clark, Colby Curtis, ønd Carolyn Love. The motion passed with a unanimous vote. SCHEDUT,ED T'TEMS 13. PR]]LIMINARY PLA"|S & SIT'I] PLANS 13.4. Silverlake Plat 28 Site Plan Mayor Westmoreland provided background regarding the item and explained the Councilmembers had expressed concern during the work session regarding the site plan's failure to adhere to new garage size standards. Assistant City Administrator/Community Development Director Steve Mumford clarified that his recommendations for exclusions did not apply to this application as it has not begun construction or infrastructure improvements for this portion of the development. Applicant representative Bronson Tatton reiterated the concerns he expressed during work session regarding the challenges to adjust their designs to adhere to the updated garage size standards requiring a 22-foot garage for a 32-foot wide cluster home. He explained that accommodatingthe garage size increase will result in adecrease of the porch and entrancearea and the interior square footage of the homes and impacts the staircase transition to the second floor and the garage entrance negatively impacting functionality and livability. He stated they have made aesthetical and other design adjustments as requested between phases of the project; however, the sizes of the townhomes since phase 14 has been consistent. The preliminary plat has been approved and they desire to develop product that fits appropriately in the vested lot sizes. He requested to be allowed to implement the changes in the future portions of the project rather than this phase due to time constraints. City Attorney Jeremey Cook verified that the MDA did not include vested frontage widths, but the approved preliminary plat permits 4Z-foot frontages. He explained that the applicant legally could be required to comply with the 22-foot garage width standard; however, it may result in a less-desirable product. The City Council also had the option to grant an exemption for this phase and to require the wider garages in future phases. Councilmember Curtis stated that some individuals may prefer a smaller house with a larger garuge; however, he is willing to consider an exemption. Councilmember Burnham expressed concern that the interior width reduction could decrease livability for the buyers due to the narrow entryway and stated she would prefer to enforce the requirement on future phases. Mr. Tatton stated that due to market demand for townhomes and cluster homes, they are considering reordering the number of the phases in order to develop the smaller homes before other single-family products. Councilmember Clark stated that her primary concern is parking and suggested requiring additional guest parking ifgranted the reduced garage size standard. Discussion ensued regarding the potential number and location of additional parking stalls to require, the impact of additional guest parking on the overall project design and open space, and the development of future phases"

Councilmember Curtis moved to approve the SilverLake PIøt 28 site plan with the following condiÍìons : 1. The applicant sholl pay a løndscape cash escrow to the City of 82,810.40 per lot/unit øt the plat recordìng; 2. An addìtìonøl seven guest parking stølls shall be dispersed throughout the development,for a totol of 22 stalls; 3. The property líne shall be shiftedfarther west to ensure ø minimum of tenfeet between the townhome reat-yørdfencing and the ødjacent praperty line; 4. Silver Springs lüay shall be a public road; 5. Parking øIong the west side of Silver Spríng Way shall be prohibited due to the width of the road; 6. The øpplicant shøll work with the Community Development Director to determíne lhe number and locatíon of additional guest parking stalls; and 7. All future plats shall meet the 22-faot garuge width støndard requirement. Councilmember Clark seconded the motion. Those voting uye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love" The motion possed with a unanimous vote. I5" OIIDINANC]I]/PUI]LIC IÍEARINGS Eagle Mountain City Council Meeting - October 6,2020 Page l3 of20 15.,,t. ORDTNANCIi - An Ordinance of Eagle Mountain City, Utah, Amending the Eagle Nlountain Municipal Code Chapter 17.60 l-andsoaping, BufI"ering, Irencing and Transitioning. Mr. Kane reviewed the work session presentation of the item and explained that Councilmember Love had proposed a potential chart adjustment reducing the number of adjacencies from nine to seven. Mayor Westmoreland explained the work session discussion had focused on the desire to refine the lot size transition categories. Councilmember Love advocated for retaining the same transitions from larger to smaller and smaller to larger lots. Councilmember Clark thanked staff and the Planning Commission for their efforts on the item; however, she expressed concern that the standards needed additional work, especially due to septic systems, animal rights, compatible uses, and the transition from 4.99 to one-acre lots. Councilmember Curtis stated that requiring transitioning will potentially reduce the development of larger lots. Mr. Kane clarified that the lot sizes are minimums and that lots from the columns with larger lots could be developed. The standards could allow developers to petition to be allowed the minimum lot size allowance due to the standards; however, the designations of the Future Land Use Map and City standards can still be enforced by the City Council. Councilmember Gray joined the meeting at 7:57 p.m" Councilmember Love noted the lot size reductions are proportional for the adjacent categories and that the animal rights are the same for the one- to five-acre lots, and the lot sizes categories differ in the number of animals permitted but not the animal type. Mayor Westmoreland suggested tabling the item. Councilmember Burnham supported Councilmember Love's table amendment suggestions and concurred that as the lot sizes are minimums, an inverse of the lot size categories would be âppropriate for the smaller to larger lot table. Councilmember Curtis stated that people with one-acre lots are less likely to utilize animal rights. He recommended half-size lot transition steps and express concern regarding unvested agricultural land transitioning. Mayor ll/estmoreland opened the public hearing at 8:05 p"m" o'l Jacinda Montano submitted the following email comment am concerned with the proposal regarding changing the transition on lot sizes that has been SUCH a concern and issue for many Eagle Mountain Cify Council Meeting - October 6,2020 Page 14 of20 in the city in the past. There has been a lot of thought, work and effort to come up with the current transition code (passed several years ago) and the residential zone code that was passed last August by the planning commission. The code recommended by the planning commission is in harmony with our current transition code. The proposal being brought forth tonight is NOT. We have the transition code for a reason to support the existing code to allow for larger lots and not have it be surrounded by tiny lots" I don't know WHY we are revisiting this again?? Our current transition is 5 acre to 2.5 to I acre to .5 to .33 to .25 acre and down. This is a needed buffer for property values and the look and feel of a community. From what I understand the proposal tonight is to ehange the transition now from .5 acre to .1 I ? How does this benefit the citizens? How does this benefit and protect the property value of the person with the .5 acre home? This proposal is in direct conflict with our residential zone code. Please don't undo the work that took months of input, reasoning, and planning and give developers a loophole to paek in these tiny lots. We are trying to encourage bigger lot sizes and this will do the opposite. So bottom line, you have two codes you are evaluating tonight. The one recommended by the planning commission supports and is congruent with our current existing code. This allows for proper transition of lots that is consistent with what the residential code states" This counter proposal does NOT support our code and becomes a playground of loopholes for builders and developers. PLEASE do not pass this. Please support our property values." Mr. Kane clarified the proposed amendment includecl in the agenda packet is the Planning Commission recommendation to adjust the current standards to be in harmony with the updated residential zone districts. Bettina Cameron said she is on the Cedar Pass Ranch Homeowner's Association Board. They receive complaints regarding animals concerns from non-animal homeowners. She expressed concern that permitting one-acre lots adjacent to five-acre lots will result in animal right usage conflicts, especially regarding the number of animals permitted on larger lots, setbacks, and accessory buildings in addition to density. She advocated for sufficient buffering between lot sizes and for the City Council to table the amendment in order to consider land usage. Councilmember Love clarified that her proposal does not alter any of the Planning Commission's large lot recommendations and that her intention was to reduce the number of smaller lot transitioning to reduce the number of small lots" Mayor llestmoreland closed the public hearing ot 8: l5 p.m" Councilmember Gray inquired regarding the zoning code and the lot size transitioning in the proposeel amendment and recommended tabling the item rather than passing Councilmember Love's proposed amended lot size transitioning table" He expressed concern that the table does not specifu the number of lots required in each transition. Mr. Kane clarified the amendment proposes the addition of a zone transition table and changes to the existing lot size transition tables in separate sections of Eagle Mountain Municipal Code Chapter 17.60. He explained current standards do not include the number of lots of a speciflrc size to include in lot size transition buffer. Eagle Mountain Cify Council Meeting - October 6,2020 Page l5 of20 Councilmember Curtis stated he had misunderstood the table changes preiposed by Councilmember l-,ove. Discussion ensued regarding the difference between the current and the proposed lot size transition tables and the purpose and need for the standards and requested changes. Mr. Kane clarified tier language in the lot size transition table needs to be amended because the tier standards have been removed from Municipal Code. The current lot size transition table could be retained; however, the lot size categories would not coincide with the lot size designations in the updated residential zoning districts. The standards would apply to all current and future lots, regardless of vesting or inclusion in a subdivision. Councilmember Curtis recommended the item return to the Planning Commission for further refinement. Councilmember Clark concurred with returning the standards to the Planning Commission Discussion ensued regarding returning the item to the Planning Commission for further consideration and refinement. Mr. Kane inquired if the City Council had concerns regarding the zone transition table and summarized the Councilmember concerns to discuss with the Planning Commission. Discussion ensued regarding the approval of the zone transition table and reiterating concerns regarding the lot size transition tables. Mr. Kane recommended approving the amendment except for the lot size transitioning table in Section 17.60"150.

Councilmember Burnham moved to øpprove øn Ordinance of Eøgle Mountøin CiA, Utah ømending the Eøgle Mountain Municipol Code Chøpter 17.60 Landscaping, Buffering, Fencing ønd Trønsitioning excluding the proposed amendments to Section 17.60"150 Lot size transitíoning. Councìlmember CIørk seconded the motion. Those voting øye: Donno Burnham, Colby Curtis, Melissa CIørk, Jared Gray, and Carolyn Love. The motion passed wíth a unsnimous vote. I6. RESOLUTION 16.4. RESOLUTION - A Resolution of Eagle Mountain City, IJtah, Amending and Adopting the 2020 Eagle Mountain City Parks, Trails, & Open Space Master Plan. Parks and Recreation Director Brad Flickman presented the item and explained staff and MHTN Architects have implemented the changes requested during the September l, 2A20, and September 15,2020, City Council meetings and have made other minor corrections to the text and tables. He noted that Councilmember Clark had requested to discuss conservation easements during this meeting. City Attorney Jeremy Cook stated the City may grant land to organizations such as the Utah Division of Wildlife Resources (UDWR), Utah Open Lands (UOL), or The Nature Conservancy (TNC) in the form of a conservation easement or retain the conservation easement under City ownership. Concern had been expressed during the previous meeting that a future City Council would not honor the conservation easement and would permit the development of the land" He explained a conservation easement may become problematic should an unforeseen circumstance arise as has occurred with needing to run utilities across deed-restricted land designated for cemetery use. He recommended granting the easement to an organization that would protect the land while allowing potential access or adjustments to the agreement if determined necessary in the future or to grant an easement or right to the property owner that dedicates the land to the City that utilizes the tax code to restricts property use" Mayor Westmoreland inquired if the City would be able to make improvements to the land within a conservation easement such as landscaping, trailheads, or bathrooms. Mr. Cook explained that the ability to make improvements would depend upon the scope of the easement, and rights, such as hunting or utility easementso could be included as usage rights. He stated land proposed for conservation easements includes locations that will impact desired future utility infrastructure expansion. The current City Council does not have the ability to bind a future City Council to a decision made by the current body without deeding the land to a third parff. The land should be dedicated to an organization with longevity as the dissolution of the organization would cause difficulties should agreement modifications be necessary. As the likelihood of a future City Council permitting the development of the land is minimal, retaining the land and designating the property as open space and a conservation corridor is the best if option; however, the City Council may make an agreement with a third-party organization desired. Councilmember Curtis expressed the desire to guard against all eventualities including unlikely or extreme scenarios to protect the conservation easements. He asked if partnering with a State organization would allow the State to permit the development of the land. Mr. Cook reiterated that he believes the City should retain ownership of the land, even if the City grants a conservation easement to a third party, to be able to best protect City interests and to restrict undesired land uses. He said other cities have deeded property to the County or State with third-party-owned conservation easements to prevent the development of the land for various scenarios and purposes such as agricultural farmland protection with varying usage allowances. State Code allows for any nonprofit 50103 entity to own conservation easements. Councilmember Curtis inquired if conservation easement considerations needed to be included in the Parks, Trails, and Open Space Master Plan. Eagle Mountain City Council Meeting - Oetober 6,2020 Page 17 o120 Mr. Hickman stated that the conservation easements are a recommended option of how to implement portions of the plan such as the wildlile corridor and are a byproduct, rather than an aspect, of the plan" Councilmember Gray stated that during the development of the plan, he attempted to provide input regarding City Council priorities. He focused on preserving open space and rights-of-way, while being oonservative with park maintenance expenses. Councilmember Burnham noted a typo in line three of section L26 Vision Statement, Guiding Principles, and Goals, "their is adequate parkland for each neighborhoods population" that should be corrected to read "there is adequate parkland for each neighborhoods population." She expressed concern that without a redline version she was unable to determine the changes and requested clarification. Mr. Hickman summarized the implemented Cib/ Council amendments to the updated plan per discussions at the previous meetings. Councilmember Love expressed concern regarding the policy in section 3.74 under Strategy #4 to "continue design process for new recreational center and begin to promote the idea with residents," and suggested an amending the verbiage to "to continue design process for new recreational center and evaluate resident interest in said plan," rather than promoting the idea with residents. Councilmember Clark recommended including the financial feasibility as a component of the policy to continue the design process for a new recreational center. Councilmember Love clarified her recommendation was due to financial considerations and the amendment could be "evaluate resident interest in proposed facility and associated costs." Discussion ensued regarding amending the plan to include verbiage regarding the financial impact and feasibility of a recreation center.

Councilmember Burnham moved to frpprave ø resolution of Eøgle Mountain City, Utøh, amending ønd adopting the 2020 Eøgle Mountøin Cily Pnrks, Trøíls, and Open Spøce Master Pløn with thefollowing umendments: L Policy one in section -1"74 under Strategt #4 shull be smended to "continue desígn process for new recreøtionol center ønd evøluale resident interesl in proposedfacility and associøted costs;" and 2. Line three in section 1"26 shøll be amended to "there is adequøte pørkland for each neígh borhoods pop ulntion. " Councilmember Love seconded lhe motion. Those voting aye: Donna Barnham, Colby Cartis, Melissa Clørk, Jared Grøy, and Carolyn Love. The motion passed wíth ø unanímous vote. 17. CITYCO{.INCTL/]VÍAYOR'S BUSINESS Fìagle Mountain City Council Meeting - October 6,2020 Page l8 of20 Councilmember Burnham None. Councilmember Love None. Councilmember Curtis None" Councilmember Clark Councilmember Gray None" Mavor Westmoreland Mayor Westmoreland stated the health and quality of life survey indicated that depression and anxiety are high concerns among residents especially due fo the stress caused by the personal impacts of the pandemic. He encouraged residents to be compassionate to each other, despite their differences, as we are rarely aware of the difficult burdens other people are facing. 18" CITY COLI-NCIL BOARD LIAISON REPORTS Councilmember Burnham Councilmember Burnham stated the Veterans Board is planning a Veterans Day breakfast event and is exploring options to hold the event within pandemic guidelines. Councilmember Love Councilmember Love stated that the Youth Council will meet for the flrrst time during the upcoming week" Councilmember Curtis Councilmember Curtis said a Chamber of Commerce Business After Hours Networking Event will be hosted by Dow Tax and Accounting on Thursday, October 8,2020, from 5:30 to 7:00 p.m. at 3688 Campus Drive Suite #240. An agreement with the City needs to be drafted to establish the terms of allowance for the request from the Eagle Mountain Arts Alliance to install book boxes on City properties. Councilmember Clalk Councilmember Clark stated the Cemetery Board met and discussed grant funds the City was awarded for improvements and compiling a Cemetery Master Plan. They also discussed plans for the annual Angel Garden memorial. A ham radio licensing examination will be held on November A7,2020. Residents can download an app to prepare for the test. During the previous exam, everyone passed. Councilmember Clark thanked staff for their efforts to inform residents regarding City boards and commission vacancies. She said she began her participation in City service through serving on City Boards. Ms. Kofbed noted that the City is accepting applications for City boards through October 31, 2020. Councilmember Gray Councilmember Gray stated that they are working towards obtaining a quorum for the Parks and Recreation Advisory Board and thanked the board participants. He is in frequent contact with the Senior Citizen Advisory Council regarding their efforts. 19. COMMTJNICATIONITEMS 19.4. Upcoming Agenda Items 20" ADJOURNMENT

Councilmember Grøy moved to ødjourn the meeting øt 9:26 pm. Councilmember Love seconded the motion. Those votíng øye: Donna Burnham, Melissa Clørk, Colby Curtìs, Jared Gray, and Carolyn Love. The motion passed wíth a unanímous vote.