City Council Approves Firefly Amendment with Variance to Code, and Creation Of Taxing Entity

In a special City Council meeting held on July 5th, significant agreements were made between the Mayor, the City Council, and the developer of the newly rebranded subdivision known as Firefly, formerly the Pole Canyon Development. This meeting followed a history of financial contributions from the developer, Nate Shipp, to various council members and the mayor over the years. Code variations were also introduced, altering setbacks, building heights, and other standards. Furthermore, the meeting addressed funding through the establishment of public infrastructure districts, which would finance required infrastructure within the project. All three proposals were ultimately passed by the City Council, with varying voting results.

This special meeting was arranged with the same developer that Mayor Westmoreland accepted $8,000 from during his last re-election run. Nate Shipp has contributed to several of the council members and mayor campaigns over the years. Besides the $8,000 he gave Mayor Westmoreland in October of 2021, he has also given Donna Burnham $250.00 in September of 2011.

Three items were presented at this Special City Council meeting.

• The proposed applications include an amendment to the Pole Canyon Master Development Plan and an Amended and Restated Master Development Agreement. The project is located on approximately 2,786 acres in portions of Utah County Sections 16 through 21, lying generally in the southwest area of the City. This item was tabled at the June 20, 2023 City Council meeting.
• The proposed resolution relates to the creation of ten public infrastructure districts in the Firefly Master Development Area. This item was tabled at the June 20, 2023 City Council meeting.
• The proposed First Amendment to the Interlocal Cooperation Agreement between Pole Canyon Local District and Eagle Mountain City is being presented to address concerns that the Council raised during the June 20, 2023, City Council meeting discussion regarding the Public Infrastructure Districts that the Firefly development is proposing to create.

The Amendments

Pole Canyon already is an approved development in the current location of the proposed Firefly development. This action is requesting changes to the current agreement, with added benefit to the developer. Here is a break down of the changes (MDA = approved Master Development Agreement, ARMDA = Amended and Restated Master Development Agreement or the new one)

• Fire Station
  MDA: A requirement for the City and developer to cooperate to provide a place for a fire station was noted in the original MDA.
  ARMDA: The ARMDA causes the developer to provide by dedication up to 2 acres to the City for a fire station.
• Rodeo Grounds
  MDA: A requirement for the developer to provide 20 acres of improved rodeo grounds (when development buildout threshold met) was noted in the original MDA.
  ARMDA: The ARMDA deems the MDA requirement as satisfied vis-à-vis the provision to the City of 100 acres of Boy Scouts of America ground in lieu of the rodeo land.
• BSA Land (Boy Scouts of America)
  MDA: A requirement for the developer to donate land to the City as open space (rodeo arena and interim facility) as part of the First Amendment and in cooperation with the City and the BSA.
  ARMDA: The ARMDA contemplates the developer re-taking control of the BSA property, improving it consistent with the Community Plan, and then making all trails and improvements therein public.
• Code Variations
  MDA: No Variation
  ARMDA: Variations for the following
  • Setbacks (reduced to 5 foot side setback in some cases)
  • Lot Frontage
  • Building Height (three story with varying roof pitches)
  • Entry Monumentation/Signs
  • Multifamily Parking Standards
  • Landscaping Standards
  • Street Right-of-Way
  • Apartments/Condos (adds units per building)
  • Driveway lengths
• Size
  • Acres +166
    MDA: 2623
    ARMDA: 2789
  • Density (Residential Units 9659 – No Change)
    Moves 1639 units from West Side to East side of SR-73, increasing residential density on East side.
• Funding
  This is where the Public Infrastructure Districts (PID) come in play.
  • City approves creation of 10 independent districts that are authorized to fund public infrastructure within the project.
  • The 10 districts are initially very small (0.10 acres) but can expand their boundaries to account for phasing within the project.
  • The bond proceeds generated by the districts would finance public infrastructure (roads, sewer, storm water, culinary/secondary water, parks). All public infrastructure will be built according to City standards and dedicated to the City or another public entity.
  • Districts would be organized to repay bonds in a manner that limits the amount left on the homeowner to a maximum of $65 per month ($780 per year). Master Developer is responsible for paying off the balance of the debt.

Voting

All three items passed the City Council, the first two items passed with a vote of 4-1 with Colby Curtis voting Nay, and the last item passed with a 5-0 vote.