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Eagle Mountain Benches is approximately 100 acres or land that is located East and West of Lake Mountain Road in City Center. Back in June 2015 the developer, Jeff and Karen Scott, requested that the property be rezoned to residential. The other residents along Lake Mountain Road in that area were opposed to the rezone. The rezone was then denied three times by the City Council. The property was then brought back for a forth time to the City Council. The developer requested that the property be kept agricultural and divided into five (5) acre lots, instead of trying again for a rezone. The City Council approve the request and the preliminary plat was approved. No work was done on the 5 acre preliminary plat since the request was approved. On April 10th, 2018 the developer brought the rezone back the the Planning Commission. The planning commission then suggested the City Council not approve the rezone. It was then heard by the City Council on June 5th, 2018 where it was tabled until the June 19th City Council. The full time line can be found in the article “Eagle Mountain Benches Rezone and Development Timeline” on this site.
The developer, one of which is a building inspector for the city, this time hired two individuals to help them with the rezone. The Scott’s have hired Thomas K. Checketts of the law firm of Kirton McConkie, and his son Braden Checketts. Braden is the realtor for the developer and works for the brokerage firm Rock Canyon Real Estate in Orem Utah.
The lawyer for the developer, Thomas K. Checketts, amended the original request that was seen by the Planning Commission on April 10th. The amended rezone application contained the following summary.
Below is a summary of the conditions that the Applicants are willing to make. The Applicants remain open to different and additional conditions to this proposed rezone so long as such conditions preserve the Applicants’ rights and are legal:In the rezone amendment, there was an endnote added. The endnote includes the following statement, “This endnote is begrudgingly inserted to create a record and to preserve certain issues for appeal in the unfortunate event that the Applicants have to appeal the City Council’s decision. It is not the Applicants’ desire to appeal, nor is it their desire to make these items the focus of this amended application.” The introduction to the endnote continues, “The Applicants do not desire to litigate this application!” The endnote quotes the case “Village of Willowbrook, et al. v. Olech, 528 U.S. 562, 564 (2000), and makes several allegations. One of those allegations was on how the developer felt they were treated by the previous City Councils.
- Dedication of land for the Regional Trail within the utility corridor.
- maximum of 1.89 lots per acre with a minimum lot size of 1/4 acre.
- A stub road will be dedicated and improved to the western and the southern boundaries of the Property.
- A minimum of sixty percent (60%) of the homes will have:
- a three-car garage;
- a minimum of 1,500 square feet of finished square footage on the main floor of rambler-style homes; and
- a minimum of 2,000 square feet of finished square footage on the top two floors of two-story homes.
- Applicants to install a nesting site in the southeast corner of the Property for birds ofprey.
“The Applicants feel they have been treated differently from other similarly situated applicants because of ill will towards them and that the decisions were unrelated to any legitimate purpose and were, therefore, arbitrary, capricious and illegal. For instance, when Eagle Mountain Benches and Glenmar Estates came before the City Council during the same City Council meeting with one-acre lots each, both were turned down. The next month the City Council made a motion to reconsider Glenmar Estates, which was ultimately approved. Ironically, shortly after the approval of Glenmar Estates the applicant, Marianne Smith, was asked to be the first Grand Marshal of the Pony Express Days Parade.”
The lawyer sent letters to members of the community asking them to support the rezone. “The outcome of this meeting will impact the value of your property. You are encouraged to come to the meeting at city Hall and voice your opinion that this application should be approved,and that the future general plan should provide higher density along Lake Mountain Road than just five-acre lots.” One of the reasons they felt the residents should approve it was that, “the proposed Eagle Mountain Benches is more desirable for Eagle Mountain City than a handful of large and unkempt homes and lots like those currently along Lake Mountain Road, …”. The letter continues to state, “In the past, a small handful of outspoken individuals have shown up and swayed the City Council to deny the rezone. This same group has been very vocal and involved in trying to maintain five-acre lots in this portion of Eagle Mountain in the proposed general plan.”
There was some discussion by residents in favor and against the rezone during the public comment of the council meeting. There was also a petition (see petition here) given to the city council that contained approximately 40 names and addresses. The exact working on the petition is, “Are you in favor of our Eagle Mountain Benches (66-One Acre lot subdivision)? We will also be paving appx. another mile on N. Lake Mountain Road.”. During the planning commission meeting on April 5th, 2018 the developer, Jeff Scott, stated that they had collected all but 4 signatures from the Eagle Point residents. There are 105 lots in the Eagle Point I subdivision and approximate 40 signatures were collected, including residents on Lake Mountain Road that are not in the Eagle Point I subdivision.
The goal of tabling the rezone was to give the City Council, residents, and the developer time to come to some type of compromise before the City Council votes on the item again during the June 19th City Council meeting.
Supporting Documents
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Mike Kieffer is an IT geek by hobby and trade, with a BS in Information Systems & Technology. He is a proud father of 10, a grandpa, an author, a journalist, and internet publisher. His motto is to “Elevate, Inspire and Inform”, and he is politically conservative and a Christian. Mike has a passion for technology, writing, and helping others. With a wealth of experience, he is committed to sharing his knowledge with others to help them reach their full potential. He is known for his jackassery or his form of self-expression that encourages boldness, creativity, and risk-taking. It can be a way to push the boundaries and challenge traditional norms, leading to creative solutions and positive change.