Motion as recorded
passed with a unanimous vote.
No roll call was recorded for this motion.
The motion as the minutes record it
Councilmember Burnham moved to approve the consent agenda amending the minutes as discussed and removing item 11.A. and placing it as a scheduled item. Councilmember Curtis seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. 11. PRELIMINARY PLATS & SITE PLANS 11.A. Overland Village Two Phase A – Preliminary Plat & Master Site Plan Mr. Mumford reviewed the information presented during work session. The roads, including mid- block pedestrian trails, comply with EMMC 16.30.090. The project includes left-turn lanes and right-turn deceleration lanes at each entrance on Pony Express Parkway. A road connection has been added between lots 298 and 299 to connect to Oquirrh Mountain Ranch to the north. This phase connects to Airport Road across the street from the Village One intersection. The plan complies with parking requirements listed in EMMC 17.55.120(C). The Overland MDA vests the development with rights in effect at the time the MDA was executed. The updates the City has made recently, such as to lot widths and setbacks, are not applicable. Most of the lots comply with the City’s current lot width standards; some of the smaller lots have lot frontages of 55 feet. The previous minimum was 55 feet; the current minimum is 58 feet. The typical building setbacks are also in compliance with the standards at the time of the MDA signing including 22-foot front; 20-foot rear; and 5-foot side, 10-foot garage side, and 15-feet street side for a corner lot. The townhomes comply with the architectural and design standards of EMMC 17.72. The townhomes are all designed with rear-access garages. Most of the townhomes contain three or four units to a building, with some five-plex buildings. The designs comply by providing a minimum of two materials on all faces per EMMC 17.72.040(F)(1). Each building includes a mix of colors and there are several color schemes proposed. The applicant should develop plans/details for cluster mailboxes to reflect the design of buildings as required per Mailbox Structure (EMMC 17.72.040(J)). The plans should be updated to indicate mailbox locations and include pullouts or temporary parking areas. Consistent privacy fencing is required along Pony Express Parkway and Airport Road. Staff expects and recommends that fencing be consistent with the masonry wall and fencing installed in Overland Village One. Due to the level of detail provided in the master site plan for the townhomes, staff believes that individual site plans are unnecessary in this case and have included a recommended condition of approval to that effect. Twelve-foot-wide asphalt trails have been incorporated into the plans linking open space areas, the trail along Pony Express Parkway, Oquirrh Mountain Ranch to the north, and along some of the main roads. Small entry monuments, anticipated to be similar to the small monument at Overland Village One, are proposed at each entrance along Pony Express Parkway. All open space areas will be owned and maintained by the homeowner’s association. To reduce water use and ongoing maintenance, the plans call for enhanced native landscaping such as grasses, wildflowers, trees, and shrubs. Areas directly around the townhomes will be improved with additional plantings and small areas of sod. The MDA requires a medium park in Village Two; this park will be in a later phase of this village. A pool and large clubhouse are being built/completed in Village One, just south of this phase, and will be available for the use by these future residents. The Planning Commission held a public hearing on the requests on April 13, 2021. The Commission voted unanimously, 4 to 0, with one absentee, to recommend approval of the Overland Village Two Phase A Preliminary Plat and Master Site Plan with the following conditions: 1. Individual site plans are not required for the townhomes in this plat; 2. The applicant shall submit plans for mailbox locations, including pullouts or temporary parking areas to improve traffic flow; 3. Privacy fencing, in compliance with EMMC 17.60.110, shall be installed along Pony Express Parkway and Airport Road; and 4. The plans shall comply with the Eagle Mountain Dark Sky Ordinance (EMMC 17.56). The Commission also noted that the applicant stated they plan to continue the masonry wall from Village One with this portion of the project along the east and south. Mr. Mumford explained that the MDA also requires the medium park to be completed and dedicated to the City prior to the recording of the plat with the 200th unit in the project; however, the 200th unit will be finished prior to the phase of the development with the medium park. The applicant will not be allowed to fully develop Phase A unless the City Council determines to amend the MDA park requirement. The future park plan will require Council approval. He recommended the inclusion of a condition of approval to address the park requirement. City Attorney Jeremy Cook concurred with Councilmember Curtis’ interpretation of the Overland MDA requiring either a medium park or a Club Ivory to be constructed and dedicated to the City within Village Two. Councilmember Curtis cited MDA Section 11.4.1 that requires “sod areas large enough for children’s play” and other specific requirements. Mr. Mumford explained Section 11.4.1 outlines the requirements for the medium park in the development due to the MDA exemption from the City’s park standards. Mr. Cook clarified the requirements are specific to the medium park and are not intended to address all the open space in the development. Councilmember Gray advocated for requiring a specific amenity for the townhomes in consideration of the applicant providing the Club Ivory amenity in Village One, which exceeded requirements. Mr. Mumford explained, for comparison purposes, if the application fell under current multifamily standards, the 220 townhomes in the concept plan for Village Two would require a 1,000-square foot pool and a 1,665-square foot clubhouse. Were all the approximately 1,300 units in Village One and Two, including the single-family homes which do not require a pool or clubhouse under current standards, applied to the pool and clubhouse standards the resulting requirement would be an approximately 5,000-square foot pool and an approximately 10,000-square foot clubhouse. The Village One Club Ivory pool is 3,200 square feet and the clubhouse is 6,600 square feet. Councilmember Clark noted, that although single-family homes do not require a pool and clubhouse, Municipal Code standards specify the square footage size requirement is per unit served, and the Club Ivory clubhouse and pool are meant to serve all the units. Applicant representative Bryon Prince presented and reviewed the history of the master plan for Village Two that resulted in dispersing the townhomes throughout the village at the request of the Planning Commission. They plan to build a second pool and clubhouse in the northern portion of Village Two near the park, in addition to the Village One Club Ivory located to the south of Village Two. The arbitrary unit numbers agreed upon in the MDA for the timing of amenity completion have not aligned with the land planning. Relocating the Village Two amenity to the first phase of the project would not be in the best interest of the overall design of the development. He assured Council that the native scape area will be an improved, irrigated open space. Their discussions with Central Utah Water emphasized concerns regarding the future cost for culinary water in Eagle Mountain. Ten acres of sod may seem like a good idea today but will become expensive to maintain twenty years from now. The updated plan includes the addition of two areas of sodded areas of approximately 8,000 square feet each, sufficient for play areas next to trail areas without becoming difficult to maintain. They are willing to install 50% sod near the townhomes to meet the City's requirements, although he feels it is not a creative nor the most responsible course of action. The 3.26-acre park fulfills the open space requirements of the MDA. He expressed his willingness to have the pool and clubhouse townhome amenity in Village Two be a condition of approval or added as an MDA amendment. Discussion ensued regarding guaranteeing the timing of the completion of the open space and amenities in relation to the completion of the townhomes. Mr. Prince suggested requiring Ivory to bond for the full cost of the park or amending the MDA prior to finishing the 200th unit to address the timing of the park completion. Councilmember Clark expressed concern regarding the lack of sodded areas near Parcel D and clarified she is concerned with the adequacy of play areas rather than meeting the specific 50% requirement. She inquired regarding the parking and traffic flow plan for the future elementary school due to safety concerns. Mr. Prince offered to provide an exhibit to the staff demonstrating areas to potentially install grass to meet the required 50% sod for the multifamily areas and to expand the area around Parcel D to increase the grass in that area. Alpine School District (ASD) selected an interior parcel that will have reasonable traffic flow to major roadways once the village is complete. He is unsure when the school will be constructed. Mr. Cook confirmed that the MDA exemptions from Municipal Code park requirements do not include an exclusion to the multifamily pool and clubhouse requirements. Councilmember Curtis expressed reluctance to remove the requirement to complete the park prior to the 200th unit due to the potential for deadline delays of the Club Ivory amenity. Mr. Prince explained that the ASD land purchase and the desire for a grandiose club amenity being completed in Village One resulted in relocating the park to a later phase and impacted the development timing. Mr. Mumford explained that current standards require a $3,750 cash escrow payment per lot at recording to ensure the development of the park. The funds are returned to the developer upon completion of the park. Mr. Prince would prefer to bond for the park or place money in escrow, through the City’s preferred mechanism, rather than relocate the park in order for the amenities to be dispersed throughout the development. Parks and Recreation Director Brad Hickman recommended following the existing escrow standards for parks and holding the escrow funds for the single-family lots until the park is completed due to the variance in common space and park space requirements. Mr. Mumford agreed that it would be best to collect escrow for only the park at the recording of the plats and not the multifamily common open space areas. Mr. Mumford clarified that the 2017 multifamily pool and clubhouse requirements had a minimum size requirement of a 1,000-square foot pool and a 1,200-square foot clubhouse for up to 250 units and unlike current standards, did not include a square footage per unit served requirement. Mr. Prince said that the 222 Village Two townhome residents will have access to the Club Ivory pool and clubhouse and as only Village Two has townhomes in the Overland development, he feels the Club Ivory pool and clubhouse in Village One fulfills the amenity requirements for the Village Two townhomes. The Village Two amenity will likely be a 3,200-square foot pool with a typically- sized clubhouse. Councilmember Love expressed concerns that elementary school traffic will back up onto Pony Express Parkway due to the proximity of the school to the road. She recommended moving the school farther to the west. Mr. Prince explained the connection points to Pony Express Parkway were defined during the installation of Pony Express Parkway prior to the design of the development. ASD desired a location close to the roadway to prevent school traffic from impacting the neighborhood as much as possible and already purchased the site. In his experience, the success of traffic flow depends upon the design of the school. He is willing to work with staff and the school district regarding the site plan for the elementary school. Discussion ensued regarding the limitations of the City to impose restrictions upon school districts. Mr. Cook suggested conditioning that the City anticipates an amendment to Section 11.4.4 of the MDA due to the uncertainties of the timing of development to be able to determine the best method to address the change. Mr. Prince requested to begin discussions with staff to explore options.