Eagle Mountain City Council, 5 April 2022

Councilmember Curtis moved to approve the consent agenda removing item 14.A. and placing it as a scheduled item. 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. SCHEDULED ITEMS 14. PRELIMINARY PLATS & SITE PLANS 14.A. SITE PLAN – Marketplace at Eagle Mountain Town Center Lot 6 Pad C2 Senior Planner Tayler Jensen presented the item. The application is for commercial pad building located on lot 6 of the Eagle Mountain Town Center Development. EMMC 17.72.030(A) requires pedestrian connections to the front of a building. Staff recommends an access along the border between this property and the adjacent pad site. The Planning Commission felt the shown pedestrian access to the internal portion of the project was sufficient to meet the requirement. The applicant provided updated elevations with the addition of the awning requested by the Planning Commission. Councilmember Love said she would prefer connections to the trail along Pony Express Parkway be placed between every other building throughout the Marketplace project, avoiding passing through drive-through lanes.

Councilmember Love moved to approve the site plan for Marketplace at Eagle Mountain Town Center Lot 6 Pad C2 with the following conditions: 1. The applicant shall work with staff to provide a pedestrian connection from the main building entrance to the improved trail along Pony Express Parkway; and 2. The updated elevations with the addition of the awning requested by the Planning Commission are approved. 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. 15. ORDINANCE/PUBLIC HEARING 15.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Rezoning Certain Lands Known as Saddle Junction. Mr. Jensen reviewed the item as presented during work session. Applicant representative Conner Atkin explained that a group has expressed interest in the area to construct an office building. They desire the flexibility for a multiple story building as they are unsure of the building height anticipated by the potential buyer. They would prefer the additional use options available in the CC Zone but are amenable to CN zoning. Councilmember Love expressed her support for the CN Zone with the existing height restrictions as she feels a taller building would not be in harmony with the location and would increase traffic in an already congested area. Mayor Westmoreland opened the public hearing at 8:27 p.m. Robert Black expressed concerns regarding a building taller than one story not being congruent with the area, negative impact on property values, increased traffic, and safety issues. Camille Gardner expressed concern with the height recommendation by the Planning Commission not being in harmony with the area and the increased traffic and parking needs of a taller building. She recommended implementing commercial districts in the City. Matt Hicks, Alexis Hicks, and David Black submitted emails expressing concerns about commercial development of the area. Mayor Westmoreland closed the public hearing at 8:35 p.m. Mr. Jensen said that this area has been zoned or designated for commercial uses for many years and the development of property generally increases rather than decreases property values. Councilmember Curtis stated that although unfortunate, residents do not own the right to the view from their property. Councilmember Gray stated he feels that CN would be the appropriate zoning designation, including the 35-foot height maximum.

Councilmember Burnham moved to approve an ordinance of Eagle Mountain City, Utah rezoning certain lands known as Saddle Junction to the CN Zone. Councilmember Curtis seconded the motion. Discussion clarified that the motion excludes the Planning Commission recommendation to allow structures up to 50 feet tall. Those voting aye: Donna Burnham, Jared Gray, Colby Curtis, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote. 16. EAGLE QUEST EAST 16.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Rezoning Certain Lands and Approving a Master Development Plan for Eagle Quest East. 16.B. MOTION – Eagle Quest East Preliminary Plat Items 16.A and 16.B. were presented and discussed concurrently. Mr. Jensen reviewed the item as presented during work session. Mayor Westmoreland opened the public hearing at 8:48 p.m. David Shippen said he represents the owners of the property to the north. They appreciate the City requiring the road on the east side of the project to retain the General Plan alignment. They are concerned with the northwestern road creating a one- to two-acre orphaned segment of developable land between two roads and would prefer the road along the north of the project extend to Old Airport Road. Mayor Westmoreland closed the public hearing at 8:53 p.m. Councilmember Burnham expressed her support for staff’s park recommendations and the changes to the project to add more large lots, the average lot size of the development, and the variety of lot sizes offered. Mr. Jensen verified that the proposed density for the project is 2.49 units per acre. The Neighborhood Residential One General Plan designation calls for 2 to 4 units per acre. Discussion ensued regarding the preference for church sites to reduce the number of R2 or R3 lots, rather than the number of larger lots in the development. Applicant representative Kurt Ostler said he is amenable to locating a church in an R2 or R3 zoned area. He noted that removing the park as requested would decrease the R2 and increase the R1 units and acreage, bringing the division of the R1, R2, and R3 unit types closer to one-third each. Discussion ensued regarding the right-of-way dedication of land and road reimbursement and the average density of the project. Councilmember Curtis said this project offers a better balance of product type and has a lower density average than other developments the Council has reviewed. Councilmember Gray expressed frustration that road acreages are included in the density calculation. Mr. Ostler stated the roads are included because the developer assumes the burden of being unable to develop buildable land required for right-of-way dedication. Mr. Jensen confirmed the standard method of calculating the density of projects includes right-of- way acreage. Councilmember Gray clarified that his intention with requesting a third of each of the R1, R2, and R3 zones was for a balanced number in unit count, not acreage. He advocated for more specific standards to require lower project density. He would prefer the Council interpret the Neighborhood Residential One General Plan designation to require all R1 zoning and units in this area as he feels the City has an abundance of R2 and R3 units. It is the purview of the Council to require any of the three zones included in the land designation. Councilmember Burnham noted that the project exceeds all minimum and average lot size requirements for the proposed zoning. Where the Council had indicated that they would entertain R1, R2, and R3 unit types for the project during previous meetings, it would be unfair to the developer to now require only R1 units at this stage. Councilmember Love acknowledged the Council had not specified unit count or acreage when requesting one-third of each unit type within the Neighborhood Residential One designation. Councilmember Wright acknowledged Councilmember Gray's concerns; however, when an applicant responds in a positive manner to Council requests, he feels the body should be responsive. As such, he is uncomfortable altering the direction given to the applicant. Discussion ensued regarding product density acreage calculations with consideration of the ambiguity in previous feedback, and fairness to the applicant. Councilmember Curtis expressed concern that removing the east park would result in the road serving as the buffer between the large lots to the east and the R1 units. However, placing the east park along a major roadway causes safety hazards, and the location and layout limit the useability of the space. Councilmember Wright requested the east park be replaced with half-acre lots, recognizing the above and beyond efforts by the applicant to provide larger lots in the northeast of the project and the road burden and limitations. Mr. Ostler noted that a fence would be placed between the park and Old Airport Road. He would prefer to retain and utilize the east park as a transition step rather than half-acre lots. Mr. Jensen reminded the Council that the previous discussion contemplated allowing the 152-foot Old Airport Road right-of-way to be counted as one or two transitioning steps to buffer away from the larger lots east of the project. Councilmember Curtis acknowledged concerns regarding fairness to the applicant, but also agrees with the request for half-acre lots in place of the east park. One-third acre or smaller lots would not meet transition standards. Councilmember Burnham said she was agreeable with either leaving the park or replacing the area with half-acre lots. Councilmember Love concurred and noted that allowing half-acre lots and counting Old Airport Road as two transition steps would meet transition standards. Discussion ensued regarding removing or retaining the park. Mr. Ostler requested to keep one of the lots north of the southwest park that had been recommended to be converted into open space in exchange for replacing the east park with half-acre lots. He noted that the half-acre lots would require fewer amenity points than the R2 lots being removed to relocate park space. Mr. Jensen confirmed that as the project already exceeds the open space requirement, the project should likely still meet the required amenity points if one of the lots north of the southwest park is retained.

Councilmember Love moved to approve an ordinance of Eagle Mountain City, Utah, rezoning certain lands and approving a master development plan for Eagle Quest East with the following conditions: 1. The two R2 lots located along the north edge of the property be zoned R3; 2. A 20-foot wide, mid-block pedestrian connection, with an 8-foot pedestrian path, be provided through the R1 block located in the southeast corner of the project; 3. A community mailbox location in compliance with EMMC 16.35.150 shall be provided in the first phase of development, and subsequent locations shall be placed so no home is more than 1,320 feet from the nearest community mailbox location; 4. The master development agreement shall include language that prohibits the transfer of density for any acreage included in a school or church site; 5. The east park shall be replaced with half-acre lots and be zoned RD2; 6. The ten lots adjacent to the central park shall be replaced with open space and the bulk of the amenities from the east park; 7. Two lots north of the southwest park shall be replaced with open space and additional neighborhood-focused/scaled amenities be added to this park; 8. This approval is conditional upon the approval of a master development agreement; and 9. A future church site shall reduce the number of R2 or R3 lots and shall not reduce the number of larger lots in the development. Councilmember Burnham seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Colby Curtis, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote.

Councilmember Gray moved to table the preliminary plat for Eagle Quest East to allow the applicant to make the requested amendments to the plat. 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. ORDINANCE

Councilmember Burnham moved to table an ordinance of Eagle Mountain City, Utah enacting Eagle Mountain Municipal Code Chapter 5.30 Rental Dwelling Business Licensing for approximately six months to allow staff to determine if the item should be reviewed and revisited. 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. 18. CITY COUNCIL/MAYOR'S BUSINESS Councilmember Gray Councilmember Gray expressed concern with plastic boxes being installed in the right-of-way for fiber optic cables and requested for traffic-grade boxes to be required to protect against vehicular collisions with the boxes. He requested a review of the General Plan and clarification regarding the plans for a Pony Express Trail park and trail. Discussion ensued regarding examination and enforcement of policies to ensure the materials of utility boxes are appropriate for their location. Mr. Jerome stated that he believed a review of the General Plan is already underway and he will confirm the status of the project with the Assistant City Administrator/Community Development Director Steve Mumford. Discussion ensued regarding road alignment on the Future Land Use and Transportation Map in the General Plan, the cost of reviewing the General Plan, and the Planning Commission’s General Plan duties and responsibilities. 19. CITY COUNCIL BOARD LIAISON REPORTS Councilmember Burnham Councilmember Burnham congratulated Jenny Humes for being named the Eagle Mountain Chamber of Commerce Director of Special Events and Melissa Clark for being named the Chamber Director. She thanked former Chamber Director Holly Harwood for her service. Councilmember Love Councilmember Love requested an update regarding the signage for the Senior Citizen’s Center. Staff verified that they are in the process of obtaining a building sign as well as directional signage. Councilmember Wright Councilmember Wright announced that the City is still in need of Youth Council Advisors. The Parks and Recreation Advisory Board has a vacancy. Councilmember Gray Councilmember Gray suggested appointing the members of the Eagle Mountain Nature and Wildlife Alliance to the proposed City Wildlife Advisory Board.