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During the February 6th, 2018 Eagle Mountain City council, the City Council voted 5-0 to approve the third amendment to the Porter’s Crossing MDA and MDP. The MDP consists of 16 pods. Each pod has it’s own unique mix of building types. The pods include commercial, single family, multifamily and institutional building areas.
When Colby Curtis, current Eagle Mountain City Council Member, was asked about this amendment, he made the following statement:
Two areas that are of interest are pod 9 and pod 15. Both are located in the north west corner of the development.“Ultimately, my perspective is the Porter’s Crossing Town Center MDA & MDP is a give and take, and accounting for all donations, reimbursements, items we get, and items we give, in the end, Eagle Mountain comes out ahead by about a million dollars. Furthermore, it provides the city with capital to pursue the possibility of an aquatic center, additional commercially zoned area in the Ridley’s hub, and valuable senior and/or assisted living. If all the pieces come together, this agreement will be seen as a no brainer, and if some aspects don’t come to fruition, there are fallbacks that provide additional amenities and value to the development’s residents. Even so, I want to be clear that this also does not commit us to the aquatic center if all of the pieces don’t come together. My goals with the aquatic center are that it cannot be funded through bonding and that it needs to be run and maintained by a third party and not by the city through additional taxes or general fund subsidy. In the current landscape it looks likely that those goals will be accomplished, and if those conditions are met, I can move forward, if not, I can’t and won’t. There is much left to be seen but rest assured I understand both the need for this facility as well as ensuring the city does it in a fiscally responsible way, or not at all.”
“Ultimately, my perspective is the Porter’s Crossing Town Center MDA & MDP is a give and take, and accounting for all donations, reimbursements, items we get, and items we give, in the end, Eagle Mountain comes out ahead by about a million dollars. Furthermore, it provides the city with capital to pursue the possibility of an aquatic center, additional commercially zoned area in the Ridley’s hub, and valuable senior and/or assisted living. If all the pieces come together, this agreement will be seen as a no brainer, and if some aspects don’t come to fruition, there are fallbacks that provide additional amenities and value to the development’s residents.
Even so, I want to be clear that this also does not commit us to the aquatic center if all of the pieces don’t come together. My goals with the aquatic center are that it cannot be funded through bonding and that it needs to be run and maintained by a third party and not by the city through additional taxes or general fund subsidy. In the current landscape it looks likely that those goals will be accomplished, and if those conditions are met, I can move forward, if not, I can’t and won’t. There is much left to be seen but rest assured I understand both the need for this facility as well as ensuring the city does it in a fiscally responsible way, or not at all.”
Pod 9, specifically 9a, is listed as Institutional/Commercial consisting of a recreation center and senior housing. The NDA states this about Pod 9a.
“4A.1. Pod 9a. The City and Developer intend that Pod 9a will be dedicated to the City in accordance with Section 10A.3 below, for development of a regional trail and public recreational facility, and related parking and improvements, which may include concessions and retail facilities (the “Recreational Facility”). The exact details of the Recreational Facility are unknown at this time, but the anticipation of the Parties is more fully specified in new Section 10A, below. The development on Pod 9a for a recreational facility shall not require any Tier parks, trails, open space or other amenities. The deed of dedication shall contain a restrictive covenant limiting the use of Pod 9a for a Recreational Facility. [Source: MDA]The agreement also includes some funding from the developer to help build the Recreational Facility. First, the developer agrees to dedicate pod 9a to the city. The developer has also agreed to help with the funding of the Rec Center. “The total amount of cash contributed to City by Developer, including the Pool In-Lieu Fee, the Park In-Lieu Fee, or the Senior Housing Fee, shall be $2,600,000 (2.6 Million). The City shall hold the funds in trust until disbursement of the funds.” The agreement also specifies that the in order to complete the Recreation Facility, the city will need to obtain additional funding. If the additional funding is found prior to January 1, 2022 the city can use the $2,600,000 towards the completion of the Recreation Facility. If the funding cannot be obtained, then pod 9a is automatically zoned either Residential use or Commercial Institutional use and the developer can then use the In-Lieu feeds to make park improvements in Pod 9a, 3b or 3d. If the land does revert back to the developer, the developer will be require to develop at least a one acre park in that pod 9a.
The second pod of notice is Pod 15. The MDA specifies that Pod 15 is desired by the developer to be used as RV Storage. It states, “Developer desires to utilize Pod 15 for RV Storage. Developer acknowledges that City has concerns with the impact of the proposed RV Storage on neighboring properties, but believes Developer can design the RV Storage to mitigate or eliminate such impacts. Developer acknowledges that Developer must obtain approval from City related to the type and height of fencing, procedures to limit noise and disturbance to surrounding neighbors, lighting and security, and gate and security access.”
There was some discussion and concerns expressed by the City Council members about putting this RV Storage in the power corridor. The City Council, of which the majority of current council members were not members, has denied requests to rezone areas under the power corridor for RV storage, and has consistently denied requests for permanent structures and lots under power corridors, but the designation of “permanent” and whether that applies to parking lots was a point of discussion. The MDA and MDP was approved, but it was under the condition that the City Council would still regain reasonable control over how the RV Storage facility would be built. The intent was to give the City Council control to make the developer meet strict requirements for design. The developer will still need to get the City Council to approve buffering, lighting, security and other aspects of the facility.
It should also be noted that the Developer is also donating land, at no cost the the City, for the widening of Pony Express through the Southern end of the development.
Supporting Documents
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