Eagle Mountain City Council, 6 July 2021

Councilmember Gray moved to appoint Madi Haslam as Youth Mayor. Councilmember Clark seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote.

Councilmember Gray moved to appoint Macy Campos as a Youth Councilmember. 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.

Councilmember Gray moved to appoint Adrian Fulkerson as a Youth Councilmember. Councilmember Clark seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote.

Councilmember Gray moved to appoint Gabriella Pengra as a Youth Councilmember. Councilmember Clark seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote.

Councilmember Gray moved to approve Salem Shimakonis as a Youth Councilmember. 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.

Councilmember Gray moved to approve Kayson Welch as a Youth Councilmember. Councilmember Clark seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. CONSENT AGENDA 10. BOND RELEASES 10.A. SilverLake Plat 28 – Into Warranty 10.B. SilverLake Plat 17 – Out of Warranty 11. CHANGE ORDERS 11.A. SilverLake Woodhaven Community Park Change Order #1 – Stratton & Bratt 12. MINUTES 12.A. June 15, 2021 Minutes – Regular City Council Meeting 13. PRELIMINARY PLATS & SITE PLANS 13.A. SITE PLAN – A to Z Building Blocks 13.B. SITE PLAN – Marketplace at Eagle Mountain Town Center Lot 1 Pad G 13.C. SITE PLAN – Marketplace at Eagle Mountain Town Center Lot 4 Pad E 13.D. SITE PLAN – Maverik at Marketplace 13.E. SITE PLAN – Pony Express Dental at Porters Crossing 13.F. SITE PLAN - Jeppson Auto Site Plan and Fee Waiver Request 14. RESOLUTIONS

Councilmember Clark moved to approve the consent agenda removing item 13.F. and placing it as a scheduled item. Councilmember Love seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. 13.F. Jeppson Auto Councilmember Curtis explained that his suggestion to limit the vehicle drop off and pickup times was based upon his conversation with Jeppson Auto in response to resident concerns. He feels the request is reasonable as it is not legally binding and noted the adjacent Holiday Oil had additional requirements due to proximity to Black Ridge Elementary School. He explained the area was zoned and intended for commercial uses and Alpine School District determined, despite City opposition, to locate a school in a commercial area which has resulted in conflicts. Councilmember Love said that it can be difficult to arrange car drop offs and does not want to complicate the issue; including Councilmember Curtis’ suggestion would be onerous to the business without much of a benefit to the residents. Councilmember Curtis conceded to Councilmember Love’s view; however, he wants to be able to address resident concerns in some way to mitigate future conflicts. Councilmember Clark said although she does not desire to put a restriction on the business, it might be to the benefit of the business to warn his customers of the traffic flow issues during school drop off and pick times. She advocated for the City to work with the Utah Department of Transportation and Alpine School District to determine measures to mitigate the traffic issues in the area. Councilmember Gray concurred with Councilmember Love’s desire to not restrict the business hours as it is outside the purview of the Council. Although he respects the concerns of the residents in the area, the problem was due to the school location and should be addressed with and resolved by the school district. He noted that other business uses would have a much higher traffic increase and the undeveloped lot will likely increase traffic issues once developed. Councilmember Clark said the residents have a valid safety concern that has not been addressed by the school district and requested for a future discussion regarding the issue as the concern is separate from the approval of this item.

Councilmember Burnham moved to approve the site plan for Jeppson Auto and to reimburse one-half of the fees paid to the City by the applicant in the amount of $4,405. Councilmember Curtis seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Jared Gray. Those voting nay: Carolyn Love. The motion carried with a vote of 4:1. Councilmember Love clarified she is not opposed to the site plan; nevertheless, she dissented due to her belief the City should not waive fees for any reason. SCHEDULED ITEMS 15. HIDDEN HOLLOW 15.A. MOTION/PUBLIC HEARING – Disposal of Significant Real Property Identified as a Portion of Utah County Parcel Number 58:040:0013. Mr. Mumford presented the item. The 1.5 acres of City-owned land is adjacent to the Hidden Hollow development and has been requested to be added to the development due to the rerouting of the road. The City Council must hold a public hearing to consider the disposition of City-owned property considered “significant” per EMMC 3.30. The City Council shall determine the best method to dispose of the property to maximize the value to the City. Two recent appraisals have been included in the meeting packet. Staff recommends approval of the disposal for $300,000. Councilmember Gray stated that he believes the land is more valuable than presented and feels the Council should ask more for the land. The City would gain more money by selling the lots individually. Discussion ensued regarding Councilmember Gray’s appraisal of the land value, the difficulty in the City selling lots individually, the cost of staff efforts and time to sell the lots individually, and the good faith negotiations to sell the land as proposed. Councilmember Curtis verified that blasting would not be allowed. Mayor Westmoreland opened the public hearing at 8:05 p.m. As there were no comments, he closed the hearing.

Councilmember Clark moved to approve the disposal of significant real property identified as a portion of Utah County Parcel Number 58:020:0013 for the amount of $300,000. Councilmember Burnham seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, and Carolyn Love. Those voting nay: Jared Gray. The motion carried with a vote of 4:1. 15.B. MOTION – Hidden Hollow Phase C Preliminary Plat and Site Plan Mr. Mumford presented a change to the roads in the project since the previous review by the Council. The previously proposed 40-foot-wide private roads have been redesigned as 43-foot- wide public roads without park strips. The sidewalks have also been increased by a foot to the standards five-foot width. Staff recommends approval of Planning Commission conditions 1 through 10, removing condition 11 that the private roads shall be converted to a 53-foot public right-of-way, as the issue has been resolved.

Councilmember Love moved to approve the preliminary plat and site plan for Hidden Hollow Phase C with the following conditions: 1. This project is contingent upon the sale/purchase of the 1.5 acres of City property at fair-market value, based upon a new appraisal. The applicant shall be reimbursed the cost of the large gravel parking lot, once complete; 2. The garage sizes shall comply with EMMC 17.25.050(C); 3. No blasting shall be permitted within Phase C; 4. The cluster mailboxes shall be located adjacent to the park, near the parking stalls; 5. The over 35 acres of open space near the project shall be dedicated to the City with the first final plat for this project; 6. Retaining walls shall be stepped to not exceed five feet high and include at least five horizontal feet between the walls; 7. The developer shall grade and prepare the entire Hidden Valley Parkway right-of-way for future expansion, including providing a method to direct the storm water to the existing retention basin; 8. Additional architectural detailing shall be provided on the townhomes in order to comply with EMMC 17.72.040(E)(2); 9. The applicant shall obtain approval from Kern River Gas and Rocky Mountain Power (and provide it to the City) and coordinate with them during construction of the gravel parking lot within the utility corridor; and 10. The developer shall install a six-foot, Simtek privacy fence at the rear lot line of lots 129 through 134, as required by EMMC 17.60.170(b). 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. 16. AULT FARMS 16.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Amending the Future Land Use Map of the General Plan for Certain Lands Known as Ault Farms. Items 16.A. and 16.B. were discussed concurrently. Councilmember Curtis stated the item had been presented to the Planning Commission and recommended denial with a vote of 4 to 0. The applicant has since made changes to the application. The updated plan is not legally required to return to the Planning Commission; nevertheless, he thinks it would be beneficial for the Planning Commission to review the changes to the plan prior to review by the Council considering the size and scope of the project. Discussion ensued regarding the proposal to remand the plan back to the Planning Commission and whether to give Council feedback to the applicant during this meeting. Mayor Westmoreland recommended the Council provide individual feedback to the applicant outside of the meeting in consideration of time and the intent to remand the item back to the Planning Commission. Mayor Westmoreland opened the public hearing at 8:16 p.m. Tiffany Ulmer suggested installing a trail on the City-owned land to the north of the project that would be plowed by the City as a safe option for children traveling to and from school. She noted if the 700 acres resulted in one elementary child per acre, the City would add an additional 700 elementary school students. She requested to have the developer work with Alpine School District to accommodate the students. Mayor Westmoreland closed the public hearing at 8:19 p.m. Councilmembers Curtis expressed concern with granting unit counts based upon a table and with having an HOA for the entire area that will be in place for 15 years. Councilmember Gray concurred with Councilmember Curtis’ concerns with granting density based upon tabulations.

Councilmember Gray moved to remand the proposed amendment of the Future Land Use Map of the General Plan, for Ault Farm, back to the Planning Commission. 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. 16.B. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Approving a Master Development Plan for Ault Farms. Mayor Westmoreland opened the public hearing at 8:19 p.m. As there were no comments, Mayor Westmoreland closed the hearing.

Councilmember Gray moved to remand the proposed master development plan for Ault Farms, back to the Planning Commission. Councilmember Love seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. 17. DEER HAVEN 17.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Amending the Future Land Use Map of the General Plan and Rezoning Certain Lands Known as Deer Haven. Senior Planner Taylor Jensen presented the item. Deer Haven is a 40-acre parcel located west of Cedar Pass Ranch and north of Lone Tree. The project was previously known as Stratton Estates when it was proposed in 2019 and included 74 single-family lots. The Deer Haven preliminary plat proposes 14 lots of at least one acre. The applicant has requested to change the future land use designation of approximately 19.5 acres from Agricultural/Rural Density One to Agricultural/Rural Density Two which allows for the possibility of rezoning to the RD1 and RD2 zones. Pending the approval of the General Plan amendment, the applicant is proposing to rezone the entire Agricultural/Rural Density Two portion of the development to the RD1 zone. The remainder would remain Agricultural. If the remainder is to be rezoned, staff recommends that it be rezoned to RA2. RA1 has a minimum lot size of five acres, RA2 has a minimum lot size of 2.5 acres, and RD1 has a minimum lot size of one acre. The applicant is proposing approximately 17.9 acres to have the Wildlife Corridor Overlay added and is proposing a majority of that land to remain in private lots under an easement. EMMC 17.49.090(A)(1) states the preferred method of protection is the dedication of the land to the City or another public agency. EMMC 17.49.090(A)(2) allows for a conservation easement of land to be held by the City or another public agency. EMMC 17.49.030 requires all areas within 50 feet of a wash to be included within the Wildlife Corridor Overlay zone. Rather than deed the property in the Wildlife Corridor Overlay zone with slopes in excess of 25% to the City as recommended by the Planning Commission, the applicant is proposing to place deed restrictions on the real estate contracts for the properties or a conservation easement in favor of the City. The Planning Commission unanimously recommended approval of the General Plan amendment with no conditions. The Planning Commission voted 3 to 2 to recommend approval of the rezone of the western portion of the lot to the RD1 zone with the condition that the area remaining under the Agricultural/Rural Density One Future Land Use designation be rezoned to RA2. Commissioner Pengra voted against the rezone due to connectivity concerns. Commissioner Wright dissented due to his belief that the area remaining under Agricultural/Rural Density One should remain Agriculture in zoning. Applicant representative Scot Hazard clarified that he never requested a rezone for the lots on the east of the project as the uses of interest for those areas would not be available with the Planning Commission-recommended RA2 zoning. He feels Agricultural zoning is appropriate for the area and surrounding uses. He made a commitment to the Izatts to relocate their dog grooming and boarding business which would only be available in the Agricultural zone and desires to be honorable in his commitment. The conditional use permit for the business has yet to be reviewed or approved by the City. He expressed willingness to adjust lot 106 to meet the 50-foot easement recommendation for the wildlife corridor. The slope stability study recommended a 50-foot setback from the top of the embankment for the construction of any structures, so he would disallow construction within 50-feet of the wash. Mr. Jensen explained that should the Council elect to adopt the Planning Commission recommendation to dedicate the areas with slopes in excess of 25% to the City, lots 109 and 110 would be under the minimum five-acre minimum lot size requirement for the Agricultural zone and was one of the reasons for the recommended RA2 zone with a 2.5 minimum acre requirement. Mr. Mumford explained that developers frequently dedicate unbuildable land to the City as most developers are not interested in keeping small acreages of unbuildable land. He verified that the applicant had not volunteered to dedicate the proposed unbuildable land to the City in the case of this application. Councilmember Love clarified that Agricultural is a compatible buffer to the RD1 zone. Mayor Westmoreland opened the public hearing at 8:42 p.m. Email communications received regarding this item prior to the meeting are attached to the minutes. Eagle Mountain representative for the Utah Valley Trails Alliance Adam Clark said he coaches a local mountain bike team. This piece of property is important to the mountain bike trail system and the proposed road connection to Cedar Pass Ranch would disconnect the trail system. The application of a conservation easement would provide the best long-term trail planning and protection. Tiffany Ulmer said that some animal businesses are not allowed in areas other than in the Agricultural zone and this area is an important area for wildlife. She expressed concern with the City requesting a developer to donate a significant amount of land and being overly prescriptive with applying non-appropriate City standards such as making the nature trail ADA accessible. She supports an easement rather than a donation. Michael Izatt noted that the Council took the same oath as the recently sworn in Youth Councilmember. The project has involved a lot of compromise. He requested for the area over a 25% slope to remain privately-owned in order to adhere to the minimum lot size requirements for their desired zoning to meet the requirements for their business needs. He beseeched for the item to move forward as proposed by the applicant. Aimee Peterson said she supports the development and believes it has been thoughtfully and carefully designed to meet the needs of both neighborhoods. She is grateful the Council recognizes that an access through Cedar Pass Ranch would not be good for either neighborhood and that excluding the road provides a zoning buffer that protects the wildlife. She is excited about the traffic light at Lone Tree Parkway and Pony Express Parkway and for the plans for a future connection of Airport Road to Wride Memorial Highway to divide school and work traffic. She thanked the developer for the thoughtful design and the legacy created by the plan. Habitat Biologist with the Division of Wildlife Resources (DWR) Shane Hill spoke representing the DWR investment in this area collaring deer, restoring habitat, and installing wildlife fencing for deer migration. All the parts of the corridor are important for wildlife investment. He asked the Council to maximize the conservation benefit in their decision to set a precedent for the future in the approval of the first plat located within the corridor. Christopher Loch explained the many ways the natural area is a benefit and provides recreation for his family and their personal efforts and attachment to the land and their desire and efforts to improve and protect it. It is important to them that the land stays intact not only for the wildlife but also for the people. AshLee Lindsay desired to speak on behalf of the wildlife and the people that use and find camaraderie on the trails and the peace found in nature. She shared a story of her experience in the area and read a poem inspired by a hike on Lake Mountain. Mayor Westmoreland reassured the residents that the City and the developer were in harmony with the desire to protect the wildlife. The difficulties come in balancing the responsibilities and feasibilities of implementing the vision. Marian Burningham noted the trials and travails in bringing about the Wildlife Corridor Overlay to try to develop a plan that would work for the corridor and the City and to add value to every resident and the developer. She reminded the City that we are pioneers regarding the corridor and have tremendous challenges that the City should not be afraid to face and overcome. She advocated for working and sacrificing to bring about their vision for the benefit of future generations. Bettina Cameron referenced a letter and video the Eagle Mountain Nature and Wildlife Alliance citizen group sent to the Council. She said that although dedicating the land is optimal, EMMC 17.49.090(3) allows for private ownership within a homeowners’ association (HOA) of land within the corridor. She said she had been told that the Deer Haven HOA covenants, conditions, and restrictions (CC&Rs) will include provisions regarding the corridor, include a reinvestment fee, and all the residents residing within the corridor will be notified of the requirements and restrictions, and the developer will place visual indicators of the boundaries of the wildlife corridor. She cited State code information include in the citizen group letter and requested to have their recommendations in the letter be included as conditions of approval for the item. She advocated against requiring dedication of the land to the City. Mayor Westmoreland closed the public hearing at 9:16 p.m. Councilmember Curtis asked if his fellow Councilmembers had any concerns with the recommendations in the letter that was sent. Councilmember Gray stated that as he was unable to open the attachment including the letter, he has been unable to review its contents. He expressed concern with including conditions of approval in a motion that were not included in the packet materials nor made available to the public to review before the meeting. Discussion ensued regarding the content of the letter sent to the Council by Ms. Cameron on behalf of the Eagle Mountain Nature and Wildlife Alliance. City Attorney Jeremy Cook verified that it would be beyond the purview of the Council to stipulate the content of the Deer Haven CC&Rs as recommended in the letter as the City has no authority to enforce CC&Rs terms. The Deer Haven HOA will also have the authority to change the terms of the CC&Rs. He recommended that the Council review the conservation easement prior to the recordation of the final plat to address concerns such as pedestrian access. The Council could regulate uses of the land through the conservation easement rather than HOA CC&Rs. Councilmember Gray expressed concern with the citizen group’s recommendations to limit the uses in the zone in reference to the recommendation to limit the number of animals permitted on the land. Councilmember Curtis acknowledged that several of the requested conditions in the letter are outside the purview of the Council. Discussion ensued regarding and clarifying potential regulations to include with the conservation easement, the applicant proposed reinvestment fee, and the rights granted with approving the General Plan amendment and rezone. Ms. Cameron explained that the citizen group only desires to restrict the number of animals allowed on personal property within the wildlife corridor, not on the remainder of the landowner’s property. Discussion determined that animal restrictions would not be addressed with this item and would be appropriate to discuss during the conservation easement or overlay zone. The Council determined to pause discussion on this item until after the approval of item 17.B. The following motion was made after the 17.B. discussion.

Councilmember Clark moved to approve an ordinance of Eagle Mountain City, Utah, amending the Future Land Use Map of the General Plan and rezoning certain lands known as Deer Haven to the future land use designation Agricultural/Rural Density Two leaving the eastern portion of the property with Agricultural zoning. The approval shall be contingent upon bringing back the conservation and trail easement for Council review and approval prior to recordation of the final plat. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. 17.B. MOTION – Deer Haven Preliminary Plat The discussion and vote on item 17.B. occurred after the discussion and prior to the motion for item 17.A. Mr. Jensen presented the item. The preliminary plat proposes 14 units. The smallest lot is 1.02 acres. The minimum lot size for the RD1 zone is one acre, the minimum lot size in the RA1 zone is five acres, the minimum lot size in the RA2 zone is 2.5 acres, and the minimum lot size in the Agricultural zone is five acres. If the eastern half of the project were to be rezoned to the RA2 zone and the land in the Wildlife Corridor Overlay were to be deeded to the City, both lots 109 and 110 would remain over three acres in size and would be in compliance with minimum RA2 lot size requirements without losing any proposed lots. The applicant is proposing to use the rural 50-foot right-of-way; however, Lone Tree uses the standard 53-foot right-of-way. It is the opinion of staff that if there is no connection into Cedar Pass Ranch, the standard right-of-way shall be used, but if a connection to Cedar Drive is made it would be appropriate to use the narrower 50-foot right-of-way. The applicant currently shows a trail on private property, staff recommends the trail be deeded to the City. EMMC 16.30.090(A) requires a circulation plan for all developments over one acre in size or with more than ten units that addresses street connectivity, pedestrian circulation, emergency access, parking movements, and traffic calming measures if cut-through traffic is expected. Connectivity index including block length, cul-de-sac lengths, access, and connectivity to adjacent parcels must be accounted for in the plan. Per EMMC 16.30.090(B), the RA1 zone requires a minimum connectivity index score of 1.25 and the RD1 zone requires a minimum connectivity score of 1.5. The project shows one node and two links, which results in a connectivity score of 2. EMMC 16.30.090(C) requires all new subdivisions with ten or more units (or larger than one acre) to meet the following standards: connectivity index, block length, and cul-de-sac length for public roads. The connectivity index score of 2 meets connectivity index requirements. The maximum block length is 1,000 feet; the longest block in the project is approximately 550 feet which complies with this standard. The maximum length of a cul-de-sac is 400 feet, Bristle Cone Circle is over 500 feet long and does not comply with this standard. Discussion ensued regarding the recommended dedication of the trail to the City and the difficulty in relocating the trail on lot 110 to another location on the property due to the topography of the land. Councilmember Gray expressed concern with the potential of a landowner installing fencing across the trail making it impassable to pedestrians due to the uses granted within the Agricultural zone. He requested for the inclusion of a condition that the trail access could not be impeded and fencing must be seven and a half feet from the center of the trail. Discussion ensued regarding concerns with trail accessibility and location and determined the applicant-proposed location is preferable. Mr. Hazard said he is willing to stipulate that a 15-foot fencing gap requirement for trail access. Mr. Mumford said that having the trail dedicated to the City can make fewer liability issues for property owners and is preferable in more instances. However, in this situation, an easement with public access is suitable. He encouraged flexibility for the owner to work with staff to determine a location for the trail to allow hiking and biking. Councilmember Love suggested making a stub road instead of a cul-de-sac between lots 105 and 106 for a potential future connection. Discussion determined due to the rural nature of the development, the connectivity was sufficient. Mr. Mumford noted that the approval would only allow accesses from the south and the west and it is the Council’s purview to determine if the connectivity is adequate. Discussion ensued regarding connectivity concerns and obstacles and potential connections. Mr. Jensen clarified that the surrounding area is designated in the General Plan for Agricultural uses and the Planning Commission recommended a full 53-foot, public right-of-way due to connecting to a standard City road. Councilmember Curtis said the landowner in the area is more likely to develop higher density and reduced connectivity may promote lower density in the area. Councilmember Gray advocated for the 53-foot, public right-of-way. Mr. Hazard said that a 50-foot, right-of-way is allowable in the requested zone and widening the road will reduce the lot sizes. The originally proposed road, pursuant to staff recommendations, was modified to allow better ADA and ramp access on the side of the roads. An eight-foot-wide asphalt trail will run along one side of the road with a park strip to better accommodate the cross slope of driveways for ADA compliance.

Councilmember Gray moved to approve the preliminary plat for Deer Haven with the following conditions: 1. The roads shall be built to a 50-foot, public right-of-way standard; 2. Language shall be added specifying an unimpeded, 15-foot trail right-of-way access; and 3. The approval shall be contingent upon bringing back the conservation and trail easement for Council review and approval prior to recordation of the final plat. Councilmember Clark seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. Mayor Westmoreland recessed the meeting from 10:08 p.m. to 10:22 p.m. 18. ORDINANCES/PUBLIC HEARINGS 18.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Amending the Future Land Use Map of the General Plan for Certain Lands Known as Rush Creek. Mr. Jensen presented the item. The Rush Creek properties area is located north of Sage Park and west of Overland. Eagle Mountain Boulevard runs through the middle of the parcels. The parcels encompass approximately 234.14 acres, all of which have a future land use designation of Employment Center/Campus. A portion of parcel 59:034:0011 is currently located outside of Eagle Mountain City and would need to be annexed into the City prior to the Western Industrial concept being able to develop. The applicant has applied to amend the Future Land Use Plan calling for approximately 18.6 acres to move from Employment Center/Campus to Community Commercial and approximately 79.14 acres from Employment Center/Campus to Business Park/Industrial. The applicant is not proposing any rezoning with this General Plan amendment. The proposed eastern industrial subdivision is located adjacent to residential property. Per EMMC 17.60.160, the LMD zone is not appropriate adjacent to residential. Staff anticipates another north to south collector road in this area and the road stub in Pod B should be expanded to a collector road. Pod A will need to provide road stubs to the north and south. It is anticipated that the Utah Department of Transportation (UDOT) highway/freeway will move slightly to the west thus slightly changing the applicant’s exhibit. The Planning Commission recommended approval of the General Plan amendment. Applicant representative Dan Ford said this application revised a residential application that had been previously submitted to the Planning Commission and City Council. He noted a storage unit facility is planned to the south of the property. He said they will follow the Municipal Code transitioning requirements and will address buffering and transitioning with the site plan application. They intend to find commercial uses for the areas near the off-ramps for the UDOT highway/freeway. Councilmember Gray thanked the applicant for his willingness to comply with the code. He expressed concern with the possibility of the UDOT highway/freeway being relocated and suggested making the approval of the plan contingent on the road. He expressed his support of the industrial uses but was unsure if commercial uses in the area were desirable. Mr. Ford said that they have not determined the southeast access. They have not been able to confirm the location of the future highway/freeway because UDOT does not anticipate building the road for at least ten years. If the proposed highway/freeway alignment changes, they would adjust their plan accordingly. He requested the approval not be contingent upon the road. He clarified the “To Be Determined” area is remaining with the Employment Center/Campus General Plan designation and business park/commercial uses would be allowed in the area even without the requested rezoning. Discussion ensued clarifying that appropriate uses for land outside of the City boundaries are contemplated in the General Plan; however, the county land included in the proposal would still require annexation prior to development. Councilmember Curtis stated his support for the proposed Employment Center/Campus designation in an area where those uses are projected to be successful and he is pleased to see a proposal with nonresidential uses. He is more willing to entertain changes in business uses and types rather than commercial to residential. Councilmember Love said that the area along Eagle Mountain Boulevard would still be appropriate for commercial zoning regardless of the location of the future UDOT highway/freeway. Discussion ensued regarding the desired and appropriate uses in the area and transitioning and buffering consideration. Councilmember Burnham advocated for commercial uses as appropriate regardless of the future freeway location as preserving land for a future freeway would increase the likelihood of the installation of the freeway in the future. Discussion ensued regarding the potential location of the future freeway and that adjustments to the proposed location would likely occur to the north due to the need to intersect Eagle Mountain Boulevard and other development in the area. Councilmember Curtis explained he is less concerned with commercial uses should the highway/freeway be relocated than with density vesting for transit-oriented multifamily housing development. Mayor Westmoreland opened the public hearing at 10:39 p.m. As there were no comments, Mayor Westmoreland closed the hearing. Tyler Shimakonis said that there is a charter school in the area with the potential for over 1,000 students and the impact of industrial and commercial uses on the school should be a consideration. Mayor Westmoreland closed the public hearing at 10:41 p.m. Mr. Jensen explained the updated transportation plan includes a north-to-south collector that would bisect the east and west portions of this project in both proposed industrial areas. Mr. Ford said he did not think incorporating two north-to-south collector roads would be problematic. The central, east to west roads in the industrial areas are planned at a greater than required width to accommodate larger vehicular traffic needed in an industrial area. City Engineer Chris Trusty said he believes that as the purpose of upsizing the east to west industrial roads is to provide a wider road for truck traffic, the cost would not be reimbursed unless a traffic study indicated the width was necessary for increased capacity. Mr. Mumford explained that if the traffic study determines the increase of the road is warranted only due to development traffic, the developer would be responsible for funding the full width of the road; however, if the study concluded other City traffic impacted the required road width, the City would assist with funding.

Councilmember Burnham moved to approve an ordinance of Eagle Mountain City, Utah, amending the Future Land Use Map of the General Plan for certain lands known as Rush Creek. Councilmember Clark seconded the motion. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. 18.B. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Rezoning Certain Lands Known as The District at Eagle Mountain Town Center. Mr. Jensen presented the item. The applicant is proposing to rezone approximately 19.27 acres. The property in question was previously included in the Eagle Mountain Properties Master Development Plan and Agreement which has since expired. The future land use for all the parcels included in the rezone is CC. The CC zone is an appropriate use within the Community Commercial land use designation. The project is bordered by The Landing on the east, which would be zoned R3 under the current City zoning ordinance. CC is not appropriate adjacent to the R3 residential zone. Staff recommended to the applicant to rezone property to the east of Heritage Drive to CN which provides compatible buffering with The Landing. On June 8, 2021, the Planning Commission held a public meeting and unanimously recommended approval with the condition that the CN zone be used to buffer The Landing on the east side of Heritage Drive and for the zone to continue generally in a straight line south of the fire station rather than following the road farther to the west. Mr. Mumford explained that the new United Fire Authority fire station will be constructed farther south along Pony Express Parkway on the east side closer to Shadow Drive. This area is intended as a pedestrian, commercial district with potential two to three-story, mixed-use with either office space or residential above commercial uses. Applicant representative Bill Gaskill said that their vision is to create a main-street style shopping district with nose-in parking and 15-to-18-foot sidewalks with street-front shops and restaurants allowing for outside dining. The buildings would be two to three stories with smaller 50-foot frontages and office or residential uses on the upper floors. An interested tenant has proposed a second level of outdoor restaurant seating. They are hoping to apply the community node overlay, which is still in discussion, which would allow their desired mixed and retail uses. The Bown Crossing development outside of Boise, Idaho is similar to what they desire in this area. Some tenants desire smaller spaces than the pad sites and proximity to be mixed in with other retail and residential uses for increased synergy and in a pedestrian area. Traditional retail is intended for along Pony Express Parkway with an east-to-west cross street with the mixed-use area. The pads site on the west side of Pony Express Parkway are mostly full. Councilmember Curtis said that he has high standards for allowing mixed-use. Mayor Westmoreland said that this is crossing a milestone for the City. The feasibility of the project is driven by demand and salability of the development and City economic growth and economic development. Mr. Gaskill stated that the City population has now reached the necessary level to attract an anchor grocery store and high interest from retail tenants. It is helpful to have a landowner that wants to help and participate in the projects. A lot of the agreements are based upon the recording of the plat with the grocery store and then they can release names of the pad businesses. Material shortages and cost increases have delayed the grocery store which was scheduled to begin in May. Construction is scheduled for next week pending the delivery of the delayed steel shipment. The approved pad sites will return in a few weeks for building permits. Ms. Kofoed said the Recorder’s Office is working on recording the plat with the County. Councilmember Burnham stated it was an interesting idea and expressed her support of walkable neighborhoods. Councilmember Gray inquired if the City-owned open space near the Senior Center and the road would be sufficient buffering between the CC and residential areas. Mr. Gaskill said they are amenable to the proposal of zoning the area to the east as CN as it will not impact their plans as they hope to be granted the community node overlay. Councilmember Curtis noted that as the Council has not yet been presented with the node overlay amendment and he would require significant changes to the proposal prior to the approval of the adoption of the standards, he has no objection to the application as proposed. Councilmember Gray said that either zone will require a six-foot masonry wall for buffering. Mayor Westmoreland opened the public hearing at 11:08 p.m. As there were no comments, Mayor Westmoreland closed the hearing.

Councilmember Burnham moved to approve an ordinance of Eagle Mountain City, Utah, rezoning certain lands known as The District at Eagle Mountain Town Center in accordance with the exhibit in the staff report indicating the division in the CC and CN zoning. 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. 19. ORDINANCE

Councilmember Gray moved to approve an ordinance of Eagle Mountain City, Utah, approving a temporary land use regulation delaying a requirement from front and side yard landscaping for sod, trees, and shrubs due to drought conditions and allowing certificates of occupancy to be applied for with the exemption for new residential units through September 15, 2021, with the payment of a $2,000 escrow, refundable upon the completion of the landscaping by October 30, 2021, after which time the escrow will no longer be refundable. Councilmember Curtis seconded the motion. Discussion ensued regarding City requirements for irrigation and whether to include sprinkler systems be installed. Those voting aye: Donna Burnham, Melissa Clark, Colby Curtis, Jared Gray, and Carolyn Love. The motion passed with a unanimous vote. 20. CITY COUNCIL/MAYOR'S BUSINESS Mayor Westmoreland Mayor Westmoreland informed the Council that staff is working to provide a supplemental activity during the Beat the Heat event due to the firework restrictions that will appear on the upcoming agenda for a budget amendment. 21. CITY COUNCIL BOARD LIAISON REPORTS Councilmember Gray Councilmember Gray said the Eagle Mountain Arts Alliance emailed the events staff with a request to use the SilverLake amphitheater and stage for a theatrical performance. Councilmember Curtis Councilmember Curtis said that Jeff Ruth attended a meeting regarding the Military and Veterans Advisory Board. Councilmember Burnham Council Burnham said the Senior Council Advisory Council has a board vacancy and they requested for the City to clear a walking path to the Senior Center. Councilmember Love Councilmember Love announced that the Eagle Mountain Chamber of Commerce recognized the Zion's Bank as the business of the quarter and have a luncheon scheduled on Thursday at the Garden on the Green with Ryan Beck from Envision Utah. Councilmember Clark Councilmember Clark said the installation of the Be Ready Eagle Mountain repeater is almost complete. The Ham radio training had an excellent turnout. The Parks and Recreation Advisory Board is meeting on Thursday and is awaiting guidance and/or an invitation to discuss open space considerations with the City Council. 22. COMMUNICATION ITEMS 22.A. Upcoming Agenda Items 23. ADJOURNMENT