Eagle Mountain City Council, 1 December 2020

Councilmember Love moved to appoínt Jeremy Bergener to a three-year term on the Plunníng Commíssíon. Councilmember Burnham seeonded the motíon. Those votìng aye: Donna Burnham, Melíssø Clørk, Colby Curtis, Jøred Gray, and Carolyn Love" The motíon pøssed wíth a unønímous vote.

Councílmember Love moved to appoint Møtt Everett to a three-year term on the Planning Commßsion. CouncÍlmember Grøy seconded the motìon. Those voting aye: Donna Burnham, Melissø Clark, Colby Curtß, Jared Grøy, and Carolyn Love. The motíon passed wíth ø unanimous vote.

Councilmember Love moved to appoìnt Chrß Pengra to n three-year term on the Plønníng Commßsion. Councilmember Curtis seconded the motion" Those votìng øye: Donna Burnham, Melìssa Clørk, Colby Curtß, Jøred Grøy, and Carolyn Love" The motíon passed wìth a unsnimous vote. CONSENT AGENDA l0 AGREEI\{EN"IS 10.A.. Fieldstone Brylee Farms, LLC, Water Impact Fee Reimbursement Agreement I l. BID AWARDS LA. I Master Transportation Plan Bid Award - Horrocks Hngineers t2. ROND RELEASES 12.A. Iiagle t,feights Village, Plat I - Into Warranty 12.tì. Scenic Mountain Phase A" Plat 4 - Into Warranty 12.C. Cledar Corners Phase A, Plat 3 - Ouf o[ Warranty 12,D. Cedar Corners Phase A, .Plat 4 - Out of \Va.nanty 12.8. Evans Ranch Plat E-1 - Out of Warranty 12.F. Evans Ranch Plat I-1 -- Oul. of S/ananty 12-G. Evans Ranch Plat J- l - Out o1'Vy'arranty 12.H. Cilerunar Ranches Phase B, Plat I - Out of Wananty 11, CI-IANGB OTIt}IiR 13.,4.. Airport Road Alignment and Design Change OrrJer #1 - Civil Science Eagle Mountain City Council Meeting --December 1,2020 PagelT of26 I4. 2O:2I IVIEETING SCHEDLILE 14.A.. fJify Council Meeting Schedule

Councílmember Curtß moved to approve the consent agendø. Coancílmember Burnhøm seconded the motion. Those votíng øye: Donna Burnham, Melísss Clørk, Colby Curtis, Jøred Gray, and Cørolyn Love. The motíon pøssed with ø ananÍmous vote. SCHEDULtrD IT'EMS I5. ORDINANCËS/PUBLICHEARINGS 15,4. ORDINANCE/PUBLIC HEARING - An Orclinance of Eagle Mountain City" Lltah, Amending the Eagle Mountain Municipal Code Titles 7, ï6, ancl 17" tong-Range Planning Manager Pete Kane reviewed the item as presented during work session. Mayor llestmoreland opened the public hearing at 7:32 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, Mayor Westmoreland closed the hearing.

Councilmember Grøy moved to approve øn ordinance of Eagle Mountaìn Cíty, Utøh, amending the Eøgle Mountaín Munícipal Code Titles 7, 16, and 17 with the condition to ømend EMMC 17.65.060(N)(1) to chønge the mínimum lot sizefor long-term storage related to home businessesfrom two acres to two and a hølf acres to relate to the cunent residentíal zone s¡z¡ng. Councílmember Curtis seconded the motíon. Those voting øye: Donna Barnhøm, Melíssø Clørk, Colby Curtís, Jøred Grøy, and Cørolyn Love" The motìon pussed wíth a unanímous vote. I6. RESOLUTIONS 16"4. R-FISOLLI'I'ION - A Resolution of Eagle lVfount¿in City, Utah, Approving a Development Agreement ferr the Marketplace at Eagle Mountain Town Center. Assistant City Administrator/Community Development Director Steve Mumford reviewed the item as discussed during work session. He noted the applicant requested some minor grammatical edits. The location of the required north and west perimeter wall is not identified in the agreement and will be determined during the site plan as appropriate and depending upon the sale of the City-owned property adjacent to the southwest corner of the development.

Councílmember Burnhøm moved to øpprove a resolutíon of Eagle Mountøin CíA, Utufu approvíng ø development agreement for the Marketpløce øt Eøgle Mountaìn Town Center. Coancílmember Curtís seconded the motíon" Those votíng aye: Donna Burnham, Melíssa Clørk, Colby Curtis, Jøred Gray, ønd Carolyn Love. The motion passed wíth a unønímoas vole. T7. PRELIMINARY PLA'Ï'S & SITÍJ }'I,ANS l7 "A. MOTION - Silver Fox Cascade Master Site Plan. Planner Jessa Porter reviewed the presentation as presented during work session. She noted that the lighting sconces that shine up and down are shielded by an awning located above the lights. The applicant provided a master landscape plan and deeded the recommended segment of land along the Tickville Wash to the City. Applicant representative Trevor Shatp presented an aerial view of the property that indicated the location of the top edge of Tickville Wash and the setback of the fence from the wash; the closet setback point is 21.9 feet from the top of the wash. Councilmember Gray expressed concern regarding potential light pollution from the upward and downward shining lights. Applicant representative Garret Macklin explained that the lighting is a decorative wall sconce to denote the entrance of the building and should not cause any light pollution. The lights emit low lumens and will be located below an approximately 8-foot by 20-foot awning" Councilmember Curtis inquired if the lighting meets the required standard. Councilmember Gray stated that the awning should provide more shielding than the shielding above the other lights in the project. Ms. Porter said she believes the standards require for all lighting to shine down. Mr. Sharp stated that the plan included photometrics for the lighting and explained the luminescence calculation and dissipation. Mr" Kane clarified that the standards require for all lights to be shielded, but permit the Planning Director or a designee to approve an alternative if the intent of the Municipal Code standard is met. The canopy could be deemed by the City Council as meeting the intent of the standards. Mr" Macklin stated the wall scones illuminance is equivalent to a standard lamp and expressed his willingness to install a different light feature if desired by the Council. Councilmember Gray inquired regarding the eight-foot fence and the possible obstruction of pedestrians or traffic visibility" Councilmember Curtis stated that he had requested a higher fence in order to screen tall vehicles Mr. Kane stated that the recently adopted fencing standards allowed an increase in fencing height to eight feet. Councilmember Gray expressed his approval of permitting a higher fence and explained his inquiry was to determine if other Councilmembers had concems regarding the proposed fencing. Mr. Sharp stated the entire parking area is fenced and shielded" He said the fence is behind landscaping and the traffic study did not indicate concerns regarding the fencing impacting visibility for motorists. City Engineer Chris Trusty verified the proposed access aligns with the adjacent property across Porters Crossing Parkway where a portion of the median will be removed.

Councilmember Curtís moved to øpprove the Sílver Fox Cascøde møster site plan wíth the followíng condítíons: 1. Approval of preliminary pløt as part of møster síte plan øpproval; 2. Preliminary plat to be revísed to deed the Jinger of lønd north of the wøsh to the City; 3. Prelimínary PIøt be revísed to remove the typícøl setback exhìbit; 4. All líghting shøll comply wíth EMMC 17.65 and 17.72.0a0Q); 5" Løndscøping planfor the entirety af property shall be submítted; 6. Incorporate mßsíng pedestrìøn øccess elemenß into the landscapìng plan; 7. Approve sìte plønfor lot I; 8. The øpplicant shall submít a traffic study for revìew to ensure søfe trafficflow; and 9. The fence suruounding the enclosed parkíng atea shall be constructed øt eíght feet tall and the gøte to the enclosed ørea be a solid prívacy gate. Councìlmember Burnham seconded the motíon. Those votíng øye: Donnø Burnham, Melßsø Clark, Colby Curtis, Jared Grøy, and Carolyn Love. The motìon pøssed with a unønimous vote. 17.8. MO'flON FÌrylee Farms Open Space &. Amenities (Prelirninary Plat Amendment)" Mr. Kane reviewed the item as presented during work session. Councilmember Gray stated that the amended plan removed a pavilion and a basketball court. He expressed concerns regarding amendments to approved plans with a reduction in amenities, with approving the amendment without knowing if the homeowners' associations (HOAs) will be allowed to combine, and that the clubhouse was not large enough to accommodate the single- family units. Councilmember Clark stated that clubhouses are required for multifamily homes due to the size of the units in order to provide a place of gathering for large events, especially during inclement weather. She expressed concern regarding the placement of the amenities in locations nert in harmony with the requirement to be centrally located, and with the City Council setting precedence for approving developments that do not meet standards. Councilmember Curtis concurred with Councilmember Grey's çonoern that the elubhouse amenity was not sizecl to serve the entire community. Councilmember Love verified that the pool is 732 square feet larger than required to serve as an amenity for both the townhomes and single-family homes and only the size of the clubheiuse is of concern. Applicant representative Matthew Loveland with Fieldstone Homes explained that the combination of the amenities was for simplification and the mutual benefit to the residents of both developments. He stated that if the tor,vnhomes and single-family units were being presented by one developer, the plan would meet all the requirements. FIe stated he believed that if the project had been presented as a single development, it would comply with the quarter-mile amenity proximity requirement as all units are located within a quarter-mile from an amenity. Councilmember Clark stated that as the clubhouse and the pool are amenity requirements for a multifamily project, she did not feel the plan met the proximity requirements based upon amenity types required f'or the multifämily portion of the project. She recommended changing the location of the amenities or relocating the pool and clubhouse within a quarter-mile of the multif'amily units. Mr. Loveland stated that due to the higher utilization of pools than clubhouses, they believe providing a larger than required pool is a better benefit to the overall community than decreasing the size of the pool in order to build a larger clubhouse that is less frequently utilized. He stated they added bike racks to the pool area at the request ofstaff. Applicant representative Sam Drown with Concord Homes stated that the quality of liÊe is not reduced for the multifamily units as they are only a few hundred feet outside of a quarter-nlile radius from the pool and clubhouse, which would still be within reasonable walking distance for those units. He stated that they believe the clubhouse is adequately sized to serve the entire community, especially considering the low usago of clubhouses compared to high pool usage. He said, as the develclper fbr the townhornes, he would not have agreed to a plan that was a detriment to his development or negatively impacted his ability to sell the townhornes. 'l'he combination of the developments resulted in a larger playgreiund änd pavilion ancl an improved 'l'he pickleball area f'or an overall improvement of amenities with a lower HOA fee. residents will have improved amenities at a slightly increasecl distance from their homes. Councilmember Curtis concurred that the amonded plan better serves the cornmunity as a whole; however, he expressed concern that the placement of the pool and clubhouse f¿rther from the townhomes decreases the quality of life of the rnultifamily residents. He stated that the pool and clubhouse should be closer to the townhomes, as it is a requirement for that devel¡pment. Eagle Mountain City Council Meeting -_ December 1,2020 Page 2l af26 Mayor Vy'estmoreland suggested that a larger pool might be a better benefit for the community than a larger clubhouse and requested clarification if the concerns regarding the amenities were based upon the size or location of the amenities. Councilmembers Clark and Burnham stated their primaly concem was the location of the amenities. Mayor Westmoreland allowed the introduction of public comment to the record, even though the item did not include a public hearing. Jenean Ford summitted the following comment via email: 'oAre preferences going to be given for the clubhouse to the single-family homes? The issue is, when you combine, does that create a free for all? There are already people who have bought homes with the understanding of how many houses would be using amenities and this hurts those what in the process of joining and those who will later." Mr. Loveland stated that over 20 homes have been sold in the development. He explained that reserving the clubhouse is on a first-come, frrst-served basis regardless of the number of or type of home in ¿n [IOA" The meeting capacity of a clubhouse has a greater impact on utilization than square footage, as it is reserved by individual resident groups. The proposed clubhouse includes two meeting areas allowing for two groups to reserve and utilize the clubhouse at a time. Municipal Code standards permit the construction of a clubhouse with a single meeting area. Providing two meeting areas doubles the utilization of the clubhouse, increasing functionality. T'he two meeting areas have individual, exterior accesses. The proposed plan equals an arnenity point score of 275 points above the requirements" He stated that relocating the pool and clubhouse is more complex due to the joint project with two developers and may result in a decrease in the overall amenities. FIe noted that other developments have pools outside of a quarter-mile from multifamily units. Councilmember Gray stated his primary concern is the size of the clubhouse Councilmember Curtis stated that his concern is the proximity of the amenities, not specifîcally the quarter-mile radius" Mr. I)rnwn stated that no townhomes have been sold. F{e said that other combinecl projects with a pool that serves both multifamily and single-family units have pools located outside of the multifamily area. Councilmember Curtis stated that the pool is usually located near the multifamily homes and some of those develclpments have vestecl rights uncler previous standards. Councilmember Clark expressed concern that homes had been sold with the unclerstancling of the inclusion of a pool bef'ore the approval of the amendment. * Ëagle Mountain City Council Meeting Deeember l,2A2A Page22 <tf 26 Councilnrember Love stated that the availability of two meeting areas is a benefît to the community. She does not have a concern regarding the location of the pool, as it is still in close proximity, The larger pool and the other amenities are a benefit to the overall community. Councilmember Clark expressed concern regarding approving exceptions to Municipal Code standards and expressed frustration with applicants' lack of knowledge regarding City standards. Mr. Loveland stated that in order to increase the size of the clubhouse, they would need to rednce the size of the pool or remove some of the other amenities. He reiterated that City standards do not require a clubhouse for single-family units and the clubhouse is sized according to Municipal Code standards. Councilmember Gray stated that as the single-family residents will be able to use the clubhouse, he believes those units should be included in the square footage requirement calculation. He stated that the pool is only utilized for a portion of the year. Mr. Loveland reiterated that other year-round amenities would be reduced to increase the size of the clubhouse. Mr. Drown stated they believe the clubhouse is sized sufficiently to serve the entire community. Councilmember Gray expressed concern regarding the size of the rooms in the clubhouse and the location of the meeting room. He concurs with the desire fbr the clubhouse to be located closer to the multifamily area. Councilmember Clark expressed concern that homes had been sold with the promise of a pool in the single-family development and felt the Council was bound by honoring that promise to residents. Councilmember Gray stated that the Council is not responsible for fulfilling promises made by the applicant. Mayor Westmoreland inquired if the City Council desired to table the item.

Councìlmember Gray moved to tsble Íhe Brylee Førms Open Spøce nnrl Amenítíes prelimínnry plat amendment to determíne the appropriate Iocøtíonfor îhe amenìties" Councílmember Clark seconded the motíon" lvlr. Drown clarified that he represents the townhome development and the HOAs would need to combine if the project was approved. Mr. Lovelancl stated he has been in discussions with attorneys and the project would legally be required to have master HOA for both develclpments. The master IIOA would own and maintain the joint amenities. Eagle Mountain Ciry Council Meeting - December 1,2Ð2t Page23 of26 Discussion ensued reiterating concems regarding Municipal Code adherence? the amenity location and size, and potential resolutions. Mr" Loveland said that he has not represented that there will be a pool, only the possibility of combining the amenities. Should the plan not be approved, the current residents will be refunded the portion of the HOA fees for the additional amenities. Councilmember Clark stated that the Fieldstone Homes website lists a resort-style pool, upscale clubhouse, pickleball courts, walking trails, and a playground with picnic areas as community amenities for the Brylee Farms development. She asked if the pool could be moved to a more central location. Discussion ensued regarding potentially moving the pool and clubhouse to Verdant Drive and concerns regarding trail accessibility and increasing vehicular traffic through the neighborhood. Mr. Loveland stated that the plat has been recorded with construction scheduled to begin in January. Relocating the pool would delay the project ancl cause other issues. ['Ie stated that the proposed location has better access. Courcilmember Love noted that Municipal Code standards require the pool to be centrally located. Moving the pool to Verdant f)rive would make the pool more centrally located; however, it would increase traffic in the neighborhood and decrease livability fbr the homes along Verdant Drive. She felt that relocating the pool in order to adhere better to the standards was not in the best interest of the project and the residents. Mr. Loveland requested clear direction from the City Council regarding concerns Mr. Kane stated that the townhome development would be required to build a pool and clubhouse should the application be denied" Mr. Drown verified that the tìnal phase of the townhome development is ready to submit a final plat. Councilmember Burnham recommended relocating the pool and clubhouse to Verdant Drive and to include a walking path from the townhomes to the pool and clubhouse. Councilmember Clark directed the applicant to relocate the pool and clubhouse to a more centrally located placement. Those votÍng aye: Donnø Burnhnm, Melissa Clarlr, Colby CurÍís, Jared Gray, and Cørolyn Love" The motíon passed wíth ø unønimous vote. Councilmember Curtis concurred with Cjouncilmember Burnham and Clark's reoommenclation to relocate the pool and clubhouse. Eagle Mountain City Council Meeting - l)ecember 1,2020 Page24 af26 Councilmember Clark inquired if the applicants felt they had clear direction regarding the project" Mr. Drown stated he was clear on the direction. I{e said they will discuss if the request is feasible or whether they will need to withdraw the application. Mr" Loveland stated that he will discuss possibilities fbr the application with staff and the City Council privately after the meeting in hopes that an agreement can be reached that will not result in the reduction of amenities for the development. Councilmember Burnham requested to visit the site to visualize the distance from the townhomes to the proposed location for the pool and clubhouse. Councilmember Clark concurred with Councilmember Bumham's suggestion. If the distance is reasonable, a Municipal Code amendment permitting a greater distance might be appropriate. Mr. Kane clarified that Municipal Code requires developments to be within a quarter mile of any park. The staff report indicated the townhomes were not within a quarter mile of the specific amenities required for the development, if considered as two separate projects. If the project had been considered as a single development with a single developer, the project would be in compliance with Municipal Code distance standards. Councilmember Clark stated she had misunderstood and believed the pool and clubhouse were required by Municipal Code to be within a quarter mile of the townhome units. Councilmember Curtis said his objection was due to the distance of the amenity from the townhomes due to the pool being a requirement for those units, regardless of the quarter-mile distance standards. Councilmember Love stated that the location of the pool and clubhouse does not adhere to the Municipal Code requirement to be centrally located within the development. Councilmember Curtis requested an examination and clarification of the distancing standards for multifamily amenities at a future meeting. Mayor W'estmoreland directed staff to review the multifamily amenities distancing requirements with the intent of clarifuing the standards. He inquired if the applicant is willing to tour the site with the Councilmembers. Councilmember Clark requested for the distances to be marked to allow visitation of the site by individual Councilmembers rather than a group visit. Mr. Loveland expressed his willingness to tour the site with the Councilmembers and requested that the City Council take into consideration the intent and to allow for flexibility and open- mindedness with design practices to examine and allow adaptability for individual developments. Eagle Mountain City Council Meeting - December 1,2020 Page2í af26 Mr. Drown requested for flexibility within Municipal Code standards to allow for adaptation. Ms" Kofoed requested the City Council inform her if three or more of the Councilmembers visit the site at one time so she can notice the gathering. I8. CN'YCOUNCTT,/MAYOR'STìI.JSINESS 19, CITY COUNCTL BOARD LIAISON REPORTS Councilmember Grav None. Councilmember Curtis None. Councilmember Love Councilmember Love thanked the current and new Planning Commissioners for their willingness to serve and for their work and efforts. She thanked Commissioner Wood for his service as Chairman" Councilmember Clark Councilmember Clark expressed appreciation to staff for the adaptation for the angel tree celebration. She thanked the Planning Commission and Commissioner Wood for their efforts. Councilmember Burnham Councilmember Bumham echoed Councilmember Love's comments. She thanked the Veteran's Board for providing Christmas gifts for deployed military members. 20. COMMTJNICATION ITEMS 20.A. Upcoming Agenda ltems 2I. ADJOURNMENT

Councílmember Grøy moved 1o ødjourn the meetíng st 9:45 p.m. Councilmember Cartß seconded the motion. Those votíng øye: Donnø Burnham, Melissø Clark, Colby Curtß, Jared Grøy, ønd Cørolyn Love. The motìon pøssed with a unønímous vote.