Eagle Mountain City Council, 15 March 2022

Councilmember Wright moved to approve the consent agenda, removing item 15.A. and placing it as a scheduled item. Councilmember Gray seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Colby Curtis, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote. SCHEDULED ITEMS 15. PRELIMINARY PLAT 15.A. PRELIMINARY PLAT – Parkway Fields Phase B Mr. Hobbs reviewed the item as presented during the work session. To address Councilmember Gray’s earlier request to provide additional trail connectivity to the park, the applicant submitted a graphic which identified lots on the south side of George Washington Drive and the north side of Benjamin Franklin Drive, where the frontage width could be reduced to incorporate a midblock pedestrian connection. Assistant City Administrator/Community Development Director Steve Mumford explained that the street lengths exceed general neighborhood residential street lengths to provide the appropriate distance between collector roads. Councilmember Love concurred with adding additional pedestrian connections as she feels it is important for residents to be able to access the park from the north and south. Discussion ensued to determine the appropriate and desired width of the midblock pedestrian connection. Mr. Mumford explained that a 20-foot-wide path is required to qualify for amenity points. As the project exceeds the requisite amenity points, a narrower path could be approved. He verified that the block length of the south side of George Washington Drive exceeds the 800 feet maximum permitted in Municipal Code, if no midblock pedestrian connection is provided. Applicant representative Bronson Tatton said he was amenable to reducing the width of some of the frontages to add midblock pedestrian connections. Councilmember Gray suggested allowing an exemption to the minimum frontage requirements of 62 feet to provide adequate width for the midblock pedestrian connections. The Council determined to allow lot frontages to be reduced to no less than 60 feet in order to provide a 20-foot midblock pedestrian connection.

Councilmember Gray moved to approve the Parkway Fields Phase B preliminary plat with the following conditions: 1. A 20-foot midblock pedestrian connection trail shall be added between George Washington Drive and Declaration Park; 2. A 20-foot midblock pedestrian connection trail shall be added between Declaration Park and Benjamin Franklin Drive; 3. Frontage widths may be reduced on the north side of Benjamin Franklin Drive to no less than 60 feet to provide the pedestrian connection; and 4. The preliminary plat approval excludes the park plan. Councilmember Curtis seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Colby Curtis, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote. 17. ORDINANCES/PUBLIC HEARINGS 17.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Adopting the Third Amendment to the Fiscal Year 2021-2022 Annual Budget. Finance Director Kimberly Ruesch reviewed the item as presented during work session. Mayor Westmoreland opened the public hearing at 7:48 p.m. As there were no comments, he closed the hearing.

Councilmember Gray moved to approve an Ordinance of Eagle Mountain City, Utah, adopting the Third Amendment to the Fiscal Year 2021-2022 Annual Budget. Councilmember Wright seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Colby Curtis, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote. 17.B. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Rezoning Certain Lands Known as Browns Meadow. Mr. Hobbs reviewed the item as presented during work session. He stated he believes that the road through the property indicated on the Future Land Use and Transportation Map is no longer planned by the City. Discussion ensued regarding the plans for a potential connector road impacting the development. Mayor Westmoreland opened the public hearing at 7:54 p.m. Kathryn Richards said although she does not object to development, she desires to protect her neighborhood’s property, animal, and agricultural rights. Elizabeth Lebrecht requested the City Council include Utah County parcels in the lot size transition requirements as she believes that was the intent of the standards; transitioning will help protect their rights and business. She explained her largest concern is mitigating lifestyle and use conflicts rather than specific lot sizes. Amy Saunders stated that she desires to see transitioning enforced to help protect their livelihood and protect against potential neighbor disputes. The Council clarified the concerns and discussed road locations and proposed road connection impacts with the adjacent property owners. Mayor Westmoreland closed the public hearing at 8:11 p.m. Councilmember Curtis stated he believes the transitioning standards should apply to the parcels because they are being used for individual residential dwellings. City Attorney Jeremy Cook said he views the developed parcels as having been legally approved by the City for building purposes and that the intent of the lot transitioning standards in Municipal Code was for developed properties with residences, as opposed to vacant parcels not approved for building. However, due to the ambiguity in current standards regarding Utah County parcels, he recommended to zone the property RA2 to require 2 ½ acre lots, to table the application to clarify Municipal Code to require the transition, or to allow one-acre lots. Applicant representative Brett Lovell said they are amenable to comply with transitioning. However, impacted residents expressed that they are primarily concerned with buffering. Due to the layout of the land, creating two-acre lots would increase the width rather than the depth of the property and would not provide additional distance between the location of the new homes on the lots and the adjacent properties. He suggested a larger rear setback for the homes as an alternative. The development will be for a rural-style, agricultural community and would be negatively impacted by the requirement for a collector road. Applicant representative Howard Schmidt stated another alternative would be to adjust the road to increase the depth of some of the lots. Regarding the draft preliminary plat that was included in the packet, the Council asked the applicant to address transitioning concerns using compatibility, lot size, and whether a collector road is required. This item will return to a future City Council meeting for consideration. Councilmember Curtis suggested approving the rezone to RD1 with the condition that it be contingent upon a development agreement to ensure the City can enforce proper lot size transitioning or rear setback buffering between the adjacent properties to the north. Discussion ensued regarding whether the approval of the rezone should be contingent upon a development agreement.

Councilmember Gray moved to approve an Ordinance of Eagle Mountain City, Utah, rezoning certain lands known as Browns Meadow to RD1. Councilmember Love seconded the motion. Councilmember Gray withdrew his motion.

Councilmember Gray moved to approve an Ordinance of Eagle Mountain City, Utah, rezoning certain lands known as Browns Meadow to the RD1 Zone, contingent upon the property owner entering into a development agreement. Councilmember Love seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Colby Curtis, Carolyn Love, and Brett Wright.

Councilmember Wright moved to deny a resolution of Eagle Mountain City, Utah, approving the first amendment to the Eagle Heights Village Master Development Agreement and conditional approval of partial assignment. Councilmember Curtis seconded the motion. Councilmember Wright explained that his motion to deny rather than table the item is due to the lack of consensus between the applicant and the Council. As the project will undergo significant changes, he feels it would be appropriate to require the review of the Planning Commission. Councilmember Gray expressed concern that denying the application will result in the applicant constructing the project as approved and he is in favor of a mixture of R2 and R3 single-family homes in that area of the City, rather than duplexes. Those voting aye: Colby Curtis, Carolyn Love, and Brett Wright. Those voting nay: Donna Burnham and Jared Gray. The motion carried with a vote of 3:2. 20. CITY COUNCIL/MAYOR'S BUSINESS 21. CITY COUNCIL BOARD LIAISON REPORTS Councilmember Burnham Councilmember Burnham said Pony Express Events is working hard in planning for this summer’s events. Councilmember Curtis None.