WEST POINT CITY COUNCIL NOTICE & AGENDA Mayor Erik ... · 1. Consideration of Approval of...

Posted this 30th day of November, 2018 ___________________________ CASEY ARNOLD, CITY RECORDER

WEST POINT CITY COUNCIL NOTICE & AGENDA

West Point City Hall 3200 West 300 North

West Point City, UT 84015 December 4, 2018

ADMINISTRATIVE SESSION

CANCELLED

GENERAL SESSION

7:00 PM (Council Chamber) – OPEN TO THE PUBLIC

1. Call to Order

2. Pledge of Allegiance

3. Prayer (Please contact the City Recorder to request meeting participation by offering a prayer or inspirational thought)

4. Communications and Disclosures from City Council and Mayor

5. Communications from Staff

6. Citizen Comment (If you wish to make comment to the Council, please use the podium and clearly state your name and address, keeping

your comments to a maximum of 2 ½ minutes. Please do not repeat positions already stated. Public comment is a time for the Council to receive new information and perspectives)

7. Youth Council Update

8. Reappointment of Planning Commissioner Korey Kap – Mayor Erik Craythorne

9. Consideration of Approval of the November 20, 2018 West Point City Council Meeting Minutes

10. Consideration of Approval of Ordinance No. 12-04-2018A, Approving the 2019 West Point City Council Meeting Schedule – Ms. Casey Arnold

11. Consideration of Approval of Ordinance No. 12-04-2018B, Modifying Section 15.15.130 of the West Point City Code Regarding Residential Exterior Brick Standards – Mr. Boyd Davis

a. Public Hearing

b. Action

12. Consideration of Approval of Resolution No. 12-04-2018A, Amending the Developers Agreement for the Sun Meadows Subdivision – Mr. Boyd Davis

13. Consideration of Approval of Resolution No. 12-04-2018B, Regarding a Storm Drain Impact Fee Reimbursement for the Sun Meadows Subdivision – Mr. Boyd Davis

14. Motion to Adjourn General Session

Mayor

Erik Craythorne

Council

Gary Petersen, Mayor

Pro Tem

Jerry Chatterton

Andy Dawson

R. Kent Henderson

Jeff Turner

City Manager

Kyle Laws

If you plan to attend this meeting and, due to disability, will need assistance in understanding or participating therein, please notify the City at least twenty-four (24) hours prior to the meeting and we will seek to provide assistance.

West Point City Council 1 Dececmber 4, 2018

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Date: 12/18/2018 Administrative Session – 6:00 pm 1. Discussion Regarding a Sewer Line for John Schneiter’s

Property – Mr. Boyd Davis 2. Discussion Regarding the City’s Land Drain Policies – Mr.

Boyd Davis

General Session – 7:00 pm 1. Consideration of Approval of Resolution No. 12-18-

2018A, Approving an Interlocal Agreement with the North Davis Fire District Regarding Impact Fee Collection – Mr. Boyd Davis

2. Consideration of Final Approval of the Littlefield Subdivision – Mr. Boyd Davis

Date: 01/01/2019 CANCELLED

Date: 01/11-12/2019 CITY COUNCIL RETREAT

Date: 01/15/2019 Administrative Session – 6:00 pm 1. Discussion Regarding Public Hearing Notice

Requirements for Zoning and Land Use – Mr. Boyd Davis

General Session – 7:00 pm

_____________________________

Date: 02/05/2019 Administrative Session – 6:00 pm 1. Quarterly Financial Report – Mr. Ryan Harvey

General Session – 7:00 pm 1. Youth Council Update

2. Consideration of Approval of Ordinance No. 12-18-2018A, Modifying Section 17.05.090 of the West Point City Code Regarding Zoning Amendments Public Hearing Notice Requirements – Mr. Boyd Davis

a. Public Hearing b. Action

_______________________________

Date: 02/19/2019 Administrative Session – 6:00 pm General Session – 7:00 pm

_______________________________ Date: 03/05/2019 Administrative Session – 6:00 pm General Session – 7:00 pm 1. Youth Council Update

_______________________________

Date: 03/19/2019 Administrative Session – 6:00 pm General Session – 7:00 pm

Date: 04/02/2019 Administrative Session – 6:00 pm General Session – 7:00 pm 1. Youth Council Update

TENTATIVE UPCOMING ITEMS


West Point City 2018 Calendar

REVISED 06‐15‐2018

December

4 City Council‐7pm 6 Child Remembrance Ceremony – 7pm 7 Christmas Party‐7pm

13 Planning Commission‐7pm 17 Senior Lunch‐11:30am

18 City Council‐7pm 21 Cemetery Luminary‐4pm 25‐26 Christmas‐Closed January

11‐12 City Council Retreat


SUNMONTUE WED THU FRI SAT SUNMONTUE WED THU FRI SAT 1 New Year's Day - CLOSED 2 City Council - 6 PM1 2 3 4 5 1 2 3 4 5 6 10 Planning Commission - 6 PM 4 Independence Day - CLOSED

6 7 8 9 10 11 12 7 8 9 10 11 12 13 12 City Council Retreat 11 Planning Commission - 6 PM13 14 15 16 17 18 19 14 15 16 17 18 19 20 14 MLK Jr. Day - CLOSED 15 Senior Lunch - 11:30 AM20 21 22 23 24 25 26 21 22 23 24 25 26 27 15 City Council - 6 PM 16 City Council - 6 PM27 28 29 30 31 28 29 30 31 21 Senior Lunch - 11:30 AM 19 MOVIE IN THE PARK - 7 PM

24 Planning Commission - 6 PM 24 Pioneer Day - CLOSED25 Planning Commission - 6 PM

SUNMONTUE WED THU FRI SAT SUNMONTUE WED THU FRI SAT 5 City Council - 6 PM 1 SUMMER PARTY - Tentative Date1 2 1 2 3 11 Senior Lunch - 11:30 AM 6 City Council - 6 PM

3 4 5 6 7 8 9 4 5 6 7 8 9 10 13 Council/Staff Lunch - 11:30 AM 8 Planning Commission - 6 PM10 11 12 13 14 15 16 11 12 13 14 15 16 17 18 President's Day - CLOSED 16 Senior Dinner - 5 PM17 18 19 20 21 22 23 18 19 20 21 22 23 24 19 City Council - 6 PM 16 MOVIE IN THE PARK24 25 26 27 28 25 26 27 28 29 30 31 28 Planning Commission - 6 PM 20 City Council - 6 PM

22 Planning Commission - 6 PM

SUNMONTUE WED THU FRI SAT SUNMONTUE WED THU FRI SAT 5 City Council - 6 PM 2 Labor Day - CLOSED1 2 1 2 3 4 5 6 7 14 Planning Commission - 6 PM 3 City Council - 6 PM

3 4 5 6 7 8 9 8 9 10 11 12 13 14 18 Senior Lunch - 11:30 AM 6 MOVIE IN THE PARK - 7 PM10 11 12 13 14 15 16 15 16 17 18 19 20 21 19 City Council - 6 PM 12 Planning Commission - 6 PM17 18 19 20 21 22 23 22 23 24 25 26 27 28 28 Planning Commission - 6 PM 16 Senior Lunch - 11:30 AM24 25 26 27 28 29 30 29 30 17 City Council - 6 PM31 26 Planning Commission - 6 PM

SUNMONTUE WED THU FRI SAT SUNMONTUE WED THU FRI SAT 2 City Council - 6 PM 1 City Council - 6 PM1 2 3 4 5 6 1 2 3 4 5 11 Planning Commission - 6 PM 3 CEMETERY CLEANING

7 8 9 10 11 12 13 6 7 8 9 10 11 12 15 Senior Lunch - 11:30 AM 10 Planning Commission - 6 PM14 15 16 17 18 19 20 13 14 15 16 17 18 19 16 City Council - 6 PM 14 Employee Training - CLOSED21 22 23 24 25 26 27 20 21 22 23 24 25 26 20 EASTER EGG HUNT - 10 AM 15 City Council - 6 PM28 29 30 27 28 29 30 31 25 Planning Commission - 6 PM 18 HALLOWEEN CARNIVAL - 7 PM

21 Senior Lunch - 11:30 AM23 Council/Staff Lunch - 11:30 AM24 Planning Commission - 6 PM

SUNMONTUE WED THU FRI SAT SUNMONTUE WED THU FRI SAT 2 CEMETERY CLEANING 5 ELECTION DAY1 2 3 4 1 2 7 City Council - 6 PM 9 FLAGS ON VETERANS' GRAVES

5 6 7 8 9 10 11 3 4 5 6 7 8 9 9 Planning Commission - 6 PM 11 Veterans Day - CLOSED12 13 14 15 16 17 18 10 11 12 13 14 15 16 11 TAKE PRIDE DAY 14 Planning Commission - 6 PM19 20 21 22 23 24 25 17 18 19 20 21 22 23 15 Council/Staff Lunch - 11:30 AM 18 Senior Lunch - 11:30 AM26 27 28 29 30 31 24 25 26 27 28 29 30 20 Senior Lunch - 11:30 AM 19 City Council - 6 PM

21 City Council - 6 PM 28-29 Thanksgiving - CLOSED23 Planning Commission - 6 PM27 Memorial Day - CLOSED

SUNMONTUE WED THU FRI SAT SUNMONTUE WED THU FRI SAT 4 City Council - 6 PM 2 CITY HALL LIGHTING - 6 PM1 1 2 3 4 5 6 7 8 MISS WEST POINT @ SHS - 7 PM 3 City Council - 6 PM

2 3 4 5 6 7 8 8 9 10 11 12 13 14 13 Planning Commission - 6 PM 6 Christmas Party - 7 PM9 10 11 12 13 14 15 15 16 17 18 19 20 21 14 MOVIE IN THE PARK - 7 PM 6 CHILD REMEMBRANCE - 7 PM16 17 18 19 20 21 22 22 23 24 25 26 27 28 17 Senior Lunch - 11:30 AM 12 Planning Commission - 6 PM23 24 25 26 27 28 29 29 30 31 18 City Council - 6 PM 16 Senior Lunch - 11:30 AM30 27 Planning Commission - 6 PM 17 City Council - 6 PM

20 CEMETERY LUMINARY - 4 PM*UPDATED AS OF NOVEMBER 30, 2018 25-26 Christmas - CLOSED

WEST POINT CITY 2019 CALENDAR

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MAY

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IMPORTANT DATES2019

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West Point City Council

Meeting Minutes 3200 West 300 North

West Point City, UT 84015 November 20, 2018

Administrative Session 6:00 pm – Board Room

Minutes for the West Point City Council Administrative Session held at West Point City Hall, 3200 West 300 North, West Point City, Utah 84015 on November 20, 2018 at 6:00 pm with Mayor Erik Craythorne presiding. MAYOR AND COUNCIL MEMBERS PRESENT: Mayor Erik Craythorne, Council Member Andy Dawson, Council Member Gary Petersen, Council Member Jeff Turner, Council Member Jerry Chatterton, and Council Member Kent Henderson EXCUSED: (Council Member Kent Henderson arrived late to the meeting) CITY EMPLOYEES PRESENT: Kyle Laws, City Manager; Boyd Davis, Assistant City Manager; Ryan Harvey, Administrative Services Director; and Casey Arnold, City Recorder EXCUSED: Paul Rochell, Public Works Director VISITORS: Mark Sandberg, Rob Ortega, Randy and JoAnn Holmstead, Dennis and Ralene Montgomery, Marge Hawkes, Matthew Leavitt, Suzy Brown, Jay and Marilyn Fowers, Donald Sandberg, Nancy Nelson, Louis MiCallef, Johnny Willis, and Brian Vincent

1. Quarterly Financial Report – Mr. Ryan Harvey Mr. Harvey stated that the First Quarter Financial Reports provided are from July 1 – September 30, 2018, and contain expenditure, revenue, budget, and balance sheet data for each City fund. In every fund, except for Capital Projects Fund, revenues are above 25% and healthy; the revenue for the Capital Projects Fund is low because the transfer of excess funds from the General Fund into this fund happens at the end of the fiscal year. Special Revenue Fund is the only fund with expenditures higher than 25%, which is due to a few variables, the first being that a lot of Class C money has been spent on roads at the beginning of this Fiscal Year, and we have also had a high number of Impact Fee revenues and expenditures. A breakdown of the General Fund Expenditures by department was also provided to the Council. Mr. Harvey explained that the only fund above the 25% mark is Recreation, which is due to the most expensive recreation program, Football, being held at the beginning of the Fiscal Year. Mr. Harvey stated that the FY2018 Audit is in the process of being finalized and should be ready to be presented to the Council for review and approval at the second meeting in December. The Council thanked Mr. Harvey for his report and the work that he does.

2. Discussion Regarding the Amendment to the Developers Agreement for the Sun Meadow Subdivision to Allow an 8 ft. Side Yard – Mr. Boyd Davis Mr. Davis stated that this subdivision is located at 800 N 3600 W and was approved as a PVFD subdivision, which allowed them to have a few lots that were 80 ft. wide. The developer overlooked that with those narrower lots, a smaller side yard should also have been requested and approved; the base side yard requirement is 10 ft. and the developers are requesting that they be allowed an 8 ft. side yard. Staff feels that this allowance would make sense, and would like the Council’s comments or suggestions before asking them to consider it for approval at the next meeting.

Mayor

Erik Craythorne

Council

Gary Petersen, Mayor Pro Tem

Jerry Chatterton

Andy Dawson

R. Kent Henderson

Jeffrey Turner

City Manager

Kyle Laws


Mayor Craythorne stated that with the decrease from 10 ft. to 8 ft. side yards, you lose the option for RV pads to be installed. Council Member Petersen stated that this is a “quality issue”; those few feet can make a big difference. In response to Council Member Dawson’s inquiry, there are 8 lots that are 80 ft. wide, but this amendment as proposed would allow for all lots, regardless of size, to have 8 ft. side yards. Council Member Chatterton commented that he remembered discussing the types of homes that could be built on 80 ft. lots and that the developer had said they “would be just fine” and have two car garages instead of three; he would like to know what changed and why the developer is now wanting decreased side yards. Council Member Dawson stated he had a similar recollection. Mr. Davis stated he was unsure of the answer to that; the developer had indicated he would be at the meeting, but was apparently unable to attend. The Council discussed the issue and felt comfortable with the amendment, but wanted to specify that the variance is only granted to those specific lots.

3. Discussion Regarding a Storm Drain Impact Fee Reimbursement Agreement for the Sun Meadow Subdivision – Mr. Boyd Davis Mr. Davis stated that this is regarding the same Sun Meadows Subdivision discussed in the previous item. The developer is required to construct the storm drain along 800 N, which drain is impact fee eligible and on the City’s Storm Drain Master Plan. As such, the developer is requesting that he be reimbursed for the cost of constructing the storm drain. The Impact Fee Report states that this project estimate is $90,000 and that the project is 90% impact fee eligible, so the amount eligible to be reimbursed to the developer is about $81,000. As has been done in the past for reimbursement agreements for similar projects, an agreement will be prepared that specifies the impact fees will be paid back on an annual basis as impact fees are collected from the project. Council Member Chatterton inquired as to who will own and maintain this storm drain, and Mr. Davis stated that this will become and remain a City storm drain. Council Member Chatterton asked whether or not it is equitable for the City to reimburse 90% of the cost but then have full responsibility of the drain. Mr. Davis stated that the impact fee study calculated that 90% of the cost is for new development, and the 10% is most likely accounting for the roadway that the City already accepts and handles the storm water from, and so that existing water is not impact fee eligible. The Council had no further discussion and would consider the item for approval at the next City Council Meeting.

*Mayor Craythorne disclosed that he is the applicant of the following item (Littlefield Subdivision) and recused himself as Mayor* He remained in the meeting to be available for any questions as the applicant.

Mayor Pro Tem Petersen led the discussion at this point.

4. Discussion Regarding Littlefield Subdivision (one-lot) – Mr. Boyd Davis Mr. Davis stated that this is a single lot subdivision located at 710 N 2400 W. A few years back, this property was divided and Brett Littlefield developed one lot and put in a temporary cul-de-sac in that was required by the City and the North Davis Fire District. This proposal is requesting that another lot be developed and with that, the cul-de-sac will be paved and curb, gutter, and sidewalk will be installed. Approval has not yet been received by Davis and Weber Counties Canal or the North Davis Fire District, but Staff expects to receive those soon. The Planning Commission approved this subdivision at their last meeting with no issues, and this lot meets all Code requirements. There is an existing storm drain that collects this water and drains it out to 550 N. The Council verified with Staff that no drainage issues exist and had no further discussion.

*Mayor Craythorne resumed his role as Mayor and presided over the remainder of the meeting*

5. Discussion Regarding a Revised Interlocal Agreement with Syracuse City Regarding Sewer and Storm Drain Lines at Approximately 1000 S 4500 W – Mr. Boyd Davis Mr. Davis stated that this is a fairly minor amendment to the Interlocal Agreement already approved. The Criddle Farms Subdivision is currently being developed on property that is located in Syracuse, but as part of that development, will need to run utility lines through West Point City, all of which will run through Mr. Glen Wade’s property. The agreement allows the utilities to go through West Point City, allows both Cities’ residents to use the lines, and states that the two cities will share the fees associated with the utilities. This amendment is to include the land drain pipe, which was not included in the original agreement. Mr. Davis stated that, as provided to the Council, the revised agreement is essentially the same as the original, with the only change being the inclusion of the land drain pipe. Council Member Chatterton inquired as to whether Mr. Wade was aware that the land drain was going to be included in the agreement; Mr. Davis stated that he is aware, and also noted that the entire agreement is contingent upon him granting an easement for the lines. Council Member Turner asked to what Mr. Wade’s hesitations are in granting this easement, and


Mr. Davis stated that he is most likely concerned about the impact to his property now and how it will affect his ability to develop in the future.

*Items 6 and 7 were reversed in the order of discussion*

6. Discussion Regarding Residential Brick Standards – Mr. Kyle Laws Mr. Laws stated that this item has been discussed in previous meetings and it was determined that more discussion was needed before approval. The current Code requires 40% brick or stone on the front of all homes and a 3 ft. wainscot on the sides. On a corner lot, the Code also requires that the side facing the street also have 40% brick or stone. The Planning Commission was given the direction by the Council to consider options for allowing an all Hardie Board (or similar material) home. After much review, the Planning Commission has proposed adding the following option (“Option 2”):

2. All front and side exterior walls, including corner lots for single-family, duplex, and townhomes shall be constructed of 100 percent brick, rock, stone or engineered siding (includes fiber cement boards such as Hardie or engineered wood siding such as LP Smartside) as a stand-alone product or in combination with other materials previously mentioned. Specific to the front face of the house, homes with 100% engineered siding, must use a different pattern on the gables.

Mr. Laws stated that in addition to Option 2, the Planning Commission is also proposing that the existing Code (now “Option 1”) be modified as well:

1. A minimum of 40 percent of the front exterior wall construction for all single-family, duplex, and townhomes shall be constructed of brick, rock, or stone. The 40 percent requirement shall be calculated by measuring the front facade of the structure from the foundation to the top plate line of the uppermost level, excluding openings for windows, doors, and trim, and by multiplying that figure by 40 percent. The builder of the structure shall be authorized to satisfy the 40 percent requirement by the lacing of brick, rock, or stone. On a corner lot, a home with a side entry garage the facade that faces the public street or private road that services the structure shall have a minimum of 40 percent of that facade covered with brick, rock, or stone. If no side entry garage is on the street facing side, then the 40 percent requirement will not apply. In addition to the 40 percent requirement on the front of the structure, the sides of the structure shall have a minimum of a three-foot-high wainscot of brick, rock, or stone along the entire length of the wall on each side of the structure.

Mr. Laws stated that as the Council has discussed the Planning Commission’s recommendation, it appears that the much of the conversation has centered around Option 1, which is a modification of the existing Code. To better clarify what has been discussed, Mr. Laws summarized what Staff feels are the different variations of Option 1 that have been suggested:

- Accept the Planning Commission’s proposed language of Option 1

- Leave Option 1 unchanged

- Eliminate the 40% requirement on the side of the home facing the street on a corner lot as proposed, but instead require a 3 ft. wainscot.

Council Member Petersen was in favor of leaving Option 1 unchanged, other than to reduce the 40% requirement of brick on the side of the home facing the street on a corner lot to a 3 ft. wainscot; he is not in favor of eliminating any requirement of brick or stone completely on the street side of corner lots.

Council Member Turner stated that he feels, as the Mayor had stated, that Option 2 is what is important to be added to this point (to keep up with home styles) and specifics of the rest of the language can be “worked on down the road.” He stated that when people are buying lots in West Point for $100,000, they are going to make sure “they put a nice home on it.” The issue will likely regulate itself. He feels that a developer/designer should be allowed some creative flexibility and this is a good start. The Mayor agreed and stated that adding Option 2 does what was intended. Council Members Dawson and Petersen both felt that the Council is not trying to prohibit changing styles and modernization of homes; the Code has to be reviewed as needed because future styles and materials aren’t known at this point.

The Council felt that adding Option 2 and modifying Option 1 (the current Code) to eliminate the 40% brick on the side of a home facing the street on a corner lot and instead require a 3 ft. wainscot is a “good start” and allows for flexibility and modernization of new homes. The Code can always be revised or modified as needed as trends change. There was no further discussion at this point and the item will be placed on the agenda for consideration at the next meeting.


7. Discussion Regarding the Rezone of Property Located at Approximately 40 S 4500 W and Developers Agreement for Wildfire Estates – Mr. Boyd Davis Mr. Davis stated that Wildfire Estates has applied for the PVFD overlay zone to obtain additional lots and flexibility in the widths and setbacks of lots in exchange for some amenities. The owners of the project, Mr. Duncan Barlow and Mr. Mark Sandberg, are in attendance at the meeting. Mr. Davis presented the most current preliminary plat for the project which has a few significant changes from previous versions: 200 S has now been shifted to the north into the 60 ft. right-of-way where it should be. 200 S is now also shown as a knuckle and does not go through to 4500 W; 40 South will be the entrance to the (future) park property. There was also a lot shown on previous versions that was in the right-of-way, which has now been removed. The lot sizes and park strips have been modified to accommodate the landscape islands along 40 S as the Council had discussed and directed. Lastly, an issue arose about a gap in the surveys between this property and Dennis Montgomery’s property to the east, and it was discovered that the same gap exists with three more properties to the east. The developers have decided to remove this property out of the boundaries of this subdivision, and it is no longer included on the plat. The gap is still there, but the developers are not going to claim it at this point. The developers are requesting 113 lots, which is three additional lots than what would be allowed in the base zone, and are requesting both flexibility in the depths of the lots along 40 S to accommodate the landscape islands, as well as 22 ft. yard setbacks on those lots to allow for more options of the size and type of homes that can be built on lots of that size. In exchange for those concessions, Mr. Davis stated that the developers are proposing a variety of lot sizes ranging from 12,000 sq. ft. to 89,000 sq. ft., which are divided into three different categories: Type A will have 18,000 sq. ft. or more, Type B will have 14,000 sq. ft. to 18,0000 sq. ft., and Type C will have 12,000 sq. ft. to 14,000 sq. ft. and there will be about 30 to 40 lots in each category. They are also proposing landscaped entrance features, street trees (installed and purchased through a voucher program for each resident in the subdivision), and landscape islands along the two main roads in the subdivision. Staff has added into the Developer’s Agreement a requirement that a landscape plan for those islands must be submitted and approved by the City. Additionally, CC&R’s will be in place that have architectural and landscape standards for each home and minimum square footage standards (Type A – 2,000 sq. ft. with 3-car garage, Type B – 1,800 sq. ft. with a 2-car garage, and Type C – 1,600 sq. ft. with a 2-car garage). An HOA will also be created to maintain the common space and landscape islands. Mr. Davis presented the design, as included with the agenda packet, of the entrance monuments; the main entrance will be on 4500 W, and smaller monuments will be placed at the entrance from the park as well as the two entrances from the Pace Farms Subdivision. Council Member Petersen inquired as to how the City can make sure that the CC&R’s and HOA’s are set up and carried out as intended, so that the situation doesn’t occur where in five years the HOA is no longer active and the City ends up having to maintain the landscape islands and the like. Mr. Davis stated that before the plat is recorded, the HOA has to be created and recorded with the County because it will be considered the owner of those landscape and common space areas. In other HOA locations in the City, there are clauses in the creating documents that says if the HOA fails, the City has the right to take over and charge a nominal fee to the residents for maintenance costs; Mr. Davis stated Staff would make sure that a similar clause is included with this HOA’s creation documents that get recorded. In response to Council Member Dawson’s question asking such, Mr. Davis stated that he is unaware of any situation in the City wherein an HOA has failed and the City has had to step in and take over. In addition to considering approval of the Developer’s Agreement, the Council is also holding another public hearing and considering approval of a rezone application for this property to the R-1 zone in tonight’s General Session; the R-1 zone is needed before the PVFD can be put on as an overlay zone. Two different rezone applications have been submitted for Parcels 116 and 127. 116 is owned by the Barlow Corporation, et.al., and 127 is owned by Greenbell, LLC. Currently, the property is zoned agricultural and R-2, and they are requesting to be rezoned entirely to R-1. Previously, the developers were requesting to keep the R-2 zones, but they have since determined that is no longer necessary. Mr. Davis stated that the other properties in the project have already been rezoned. As a reminder, the request to rezone to the R-1 zone is consistent with the General Plan for this area. The next steps are to consider the Developer’s Agreement and then consider approval of the rezone applications to R-1 with a PVFD overlay zone, which are both on the agenda in tonight’s General Session. Once those two items are approved, the developer can begin the subdivision approval process and submit a subdivision application to the City. Staff recommends approval of both the Developer’s Agreement and the rezone applications. Council Member Petersen wanted to reiterate that this is the beginning of the subdivision approval process. The Council does not have the information as to the specifics of the subdivision because it has not been provided; they are only being asked to consider the rezone and corresponding Developer’s Agreement in exchange for the PVFD zoning. The actual subdivision specifics will be submitted as part of the subdivision application that will be reviewed by Staff and the Planning Commission before coming to the City Council for final approval. The Council had no further discussion at this time.


8. Other Items No other items were discussed.

The Administrative Session adjourned.


West Point City Council Meeting Minutes

3200 West 300 North West Point City, UT 84015

November 20, 2018

General Session 7:00 PM – Council Chambers

Minutes for the West Point City Council General Session held at the West Point City Hall, 3200 West 300 North, West Point City, Utah 84015 on November 20, 2018 at approximately 7:00 pm with Mayor Erik Craythorne presiding. MAYOR AND COUNCIL MEMBERS PRESENT – Mayor Erik Craythorne, Council Member Kent Henderson, Council Member Jeff Turner, Council Member Gary Petersen, Council Member Andy Dawson, and Council Member Jerry Chatterton EXCUSED – None CITY EMPLOYEES PRESENT – Kyle Laws, City Manager; Boyd Davis, Assistant City Manager; Ryan Harvey, Administrative Services Director; and Casey Arnold, City Recorder EXCUSED – Paul Rochell, Public Works Director VISITORS PRESENT – Mark Sandberg, Rob Ortega, Randy and JoAnn Holmstead, Dennis and Ralene Montgomery, Marge Hawkes, Matthew Leavitt, Suzy Brown, Jay and Marilyn Fowers, Donald Sandberg, Nancy Nelson, Louis MiCallef, Johnny Willis, PJ Roubinet, and Brian Vincent

1. Call to Order – Mayor Erik Craythorne welcomed those in attendance and thanked them for coming

2. Pledge of Allegiance – Repeated by all

3. Prayer – Given by Council Member Chatterton

4. Communications and Disclosures from City Council and Mayor

Council Member Chatterton – none

Council Member Dawson – The Military Memorial Committee’s Centennial Commemoration held on Veterans Day was a great

event that was well put together and fun to be at. 4-Star General Carlisle, the keynote speaker, commented how amazing it was

that our City has such a quality Memorial and program that was put on.

Council Member Petersen – Echoed Council Member Dawson’s comments as well as expressed appreciation that the sound

system in the Council Chambers had been fixed.

Council Member Turner – none

Council Member Henderson – none

Mayor Craythorne – Also echoed Council Member Dawson’s comments, adding that both the program and General Carlisle’s

remarks were outstanding. The Mayor stated that we might not agree with each individual that we come across and interact

with, but we can all agree that we are grateful for those who sacrificed to give us the right to say what we want to say and a

place to say it in our democratic process. With Thanksgiving coming up, the Mayor wanted to wish all an enjoyable and safe time

with friends and family, and shared a quote from Mark Twain that his son had sent him: “I can live for two months on a good

Mayor

Erik Craythorne

Council

Gary Petersen, Mayor Pro Tem

Jerry Chatterton

Andy Dawson

R. Kent Henderson

Jeffrey Turner

City Manager

Kyle Laws


compliment.” With this in mind, the Mayor encouraged us all to be kind to our neighbors and cognizant of those in our

community who might not have friends or family close by.

In regards to more business related matters, the Mayor stated that he serves on the Wasatch Waste Management Board, and

last year, the decision was made to demolish the Waste Energy Facility because of the lease contract termination and inability to

maintain that space. Since that time, alternatives have been looked into that can facilitate the incineration of the same amount

of waste that was processed by the Waste Energy Facility so that the expected lifetime of the landfill is not decreased. About a

week ago, the Board (consisting of Morgan County and every city in Davis County, with the exception of Bountiful) voted to look

into initiating the issuance of about a $20 million bond to build a mixed waste processing facility. This facility would sort out and

reclaim any valuables before any waste is transported to the landfill. Theoretically, this facility will allow the same diversion rate

as the Waste Energy Facility, but allow for more materials to be recycled. West Point City currently has a recycling program, but

this facility can take recycling “to another level” and our program will likely have to be revisited if the mixed waste processing

facility is built.

5. Communications from Staff

Mr. Laws stated that next Monday, November 26th, is the City Hall Lighting Ceremony at 6 PM. This is a fun event where Santa

arrives on a firetruck and there is hot chocolate, activities, and fireworks. The Child Remembrance Ceremony at the Angel of

Hope Statue at the cemetery is on December 6th at 7 PM, which is a really neat program. Following is the Cemetery Luminary on

December 21st at 4 PM. Mr. Laws encouraged all to try and attend these events.

6. Citizen Comment

No comments

7. Consideration of Approval of Minutes from the October 16, 2018 West Point City Council Meeting

Council Member Chatterton stated that in the Administrative Session Minutes, it lists Council Member Chatterton as present and Council Member Dawson as excused, but those need to be reversed.

Council Member Petersen motioned to approve the October 16, 2018 West Point City Council Meeting Minutes with the

modification as mentioned

Council Member Chatterton seconded the motion

The Council unanimously agreed

8. Consideration of Approval of Resolution No. 11-20-2018A, Approving a Developers Agreement for Wildfire Estates – Mr. Boyd

Davis

Mr. Davis stated that the Wildfire Estates Subdivision is located at 40 S 4500 W and displayed a current layout of the project.

The developers are requesting a PVFD overlay zone to allow for 113 lots (three additional lots above the base zone) and flexibility

on the lot depths and setbacks. In exchange, the developers are offering a variety of lot sizes, landscape entrance features,

street trees, landscape islands along main roads, creation of an HOA, and CC&R’s for the subdivision. The entrance monuments

feature a rock wall, landscaping, and fencing.

Mr. Davis also discussed the rezone (Item 9) at this time. Two applications for rezones have been submitted to the City for

rezones of two parcels in this subdivision, one from Barlow Corporation, et.al. and the second from Greenbell, LLC. The current

zoning for the parcels is agricultural and they are requesting it to be rezoned to the R-1 zone, which is consistent with the

General Plan, along with a PVFD overlay zone. Once the Developer’s Agreement and the rezones are approved, the developers

can then move forward with submitting the actual subdivision application.

Council Member Dawson motioned to approve Resolution No. 11-20-2018A


Council Member Henderson seconded the motion


9. Consideration of Approval of Ordinance No. 11-20-2018A, Rezoning Property Located at Approximately 40 S 4500 W from A-40

and R-2 to R-1 with a PVFD Overlay Zone – Mr. Boyd Davis

Mr. Davis noted that the published Agenda incorrectly identifies the rezoning to the R-1 and R-2 zone, but the rezone application

is requesting that it be entirely rezoned to an R-1 zone with a PVFD overlay.

Mayor Craythorne opened the item for public hearing

a. Public Hearing

No comments

Council Member Petersen motioned to close the public hearing

Council Member Turner seconded the motion


b. Action

Council Member Petersen motioned to approve Ordinance No. 11-20-2018A, Rezoning Property Located at Approximately

40 S 4500 W from A-40 and R-2 to R-1 with a PVFD Overlay Zone

Council Member Dawson seconded the motion

Council Member Turner commented that although the PVFD has since been eliminated, he feels that this has the potential

to be a “pretty nice subdivision” and will hopefully meet the intentions of why that Code was enacted, regardless of the

“headache” it has been to implement.

Roll Call Vote:

Council Member Chatterton – Aye

Council Member Dawson – Aye

Council Member Petersen – Aye

Council Member Turner – Aye

Council Member Henderson – Aye


10. Consideration of Approval of Resolution No. 11-20-2018B, Amending an Interlocal Agreement with Syracuse City Regarding

Sewer and Storm Drain Lines at Approximately 10000 S 4500 W – Mr. Boyd Davis

Mr. Davis stated the existing Interlocal Agreement allows the sewer and storm drain utility lines to go through the Glen Wade

property on 4500 W and 1200 S, and this amendment is simply to add the land drain pipe that was not originally included. The

Agreement allows both Syracuse and West Point Cities to share the utility lines and to share the fees that are associated. West

Point and Syracuse residents will have access to use of the lines. Mayor Craythorne stated that Syracuse City approved their side

of this amendment in their last meeting, and as Council Member Chatterton mentioned in the Administrative Session, the

Agreement is contingent upon Mr. Wade granting an easement for the lines to run through his property (indicated under Item 3

of the Agreement).

Council Member Petersen commented that he would appreciate a brief presentation at a future meeting to remind the Council

of the City’s Land Drain Master Plan. Having a refresher of that information will be helpful in considering future development

requests. Mr. Davis stated that he would be willing to prepare and present such.


Council Member Turner inquired as to whether this land drain line will affect the current field drains, and Mr. Davis stated that

this won’t, but when Mr. Wade develops his property, the field drains will most likely be abandoned and a land drain will be

installed in the street; the City has no standards for field drains, but does require land drains be installed for all new

developments. Council Member Turner stated that, not related to this agreement, he has spoken with residents who claim that

their field drains don’t work properly since there has been surrounding development. Mr. Davis stated that could be the case

because there are a lot of existing land/field drains that have collapsed, but in regards to this property, if the field drain does

collapse the land drain pipe will now be there. Mayor Craythorne noted that one would think there would be some consistency

in the ground water throughout the City, but there is not; in the field across from his house, water can be found 3 ft. down, but

just a few fields to the north, its dry at even 10 ft. down.

The Council had no further discussion on this amendment.

Council Member Turner motioned to approve Resolution No. 11-20-2018B



11. Motion to Move into a Closed Session

Council Member Dawson motioned to move into a Closed Session

Council Member Petersen seconded the motion


CLOSED SESSION Immediately following the General Session (Board Room)

1. Call to Order/Roll Call/Motion to Open Closed Session and Call to Order

Council Member Chatterton motioned to open the Closed Session Council Member Petersen seconded the motion The Council unanimously agreed Mayor Craythorne called the November 20, 2018 Closed Session to Order Roll Call -

Mayor Erik Craythorne Council Member Jeff Turner Council Member Gary Petersen Council Member Andy Dawson Council Member Jerry Chatterton Council Member Kent Henderson

City Manager Kyle Laws Assistant City Manager and City Engineer Boyd Davis Administrative Services Director Ryan Harvey City Recorder Casey Arnold

2. The Council discussed pending or reasonably imminent litigation, pursuant to UCA §52-4-205(1)(c)

3. Motion to Adjourn Closed Session and enter the General Session

Council Member Petersen motioned to adjourn the Closed Session and enter into the General Session

Council Member Chatterton seconded the motion


12. Motion to Adjourn the General Session.

Council Member Chatterton motioned to adjourn the General Session




______ ____________ December 4th, 2018 MAYOR ERIK CRAYTHORNE

______ ____________ December 4th, 2018 CASEY ARNOLD, CITY RECORDER


1

Subject: 2019 City Council Meeting Schedule Author: Casey Arnold Department: Executive Date: December 4, 2018 BackgroundThe West Point City Council meets regularly to discuss and take action on items of the City. Municipalities must provide notice to the public of the date, time, and location for the holding of their regular meetings. AnalysisUtah State Code 10-3-502(a) states that by ordinance, a municipality approve their annual meeting schedule, with dates, times, and locations listed. To comply with State Statute and provide adequate notice to the public, the City Council Meeting Schedule for 2019 must be adopted by ordinance. RecommendationStaff recommends the adoption of Ordinance No. 12-04-2018A, Setting the 2019 Meeting Schedule for the West Point City Council. SignificantImpactsNone AttachmentsOrdinance No. 12-04-2018A 2019 West Point City Council Meeting Schedule

CityCouncilStaffReport


Date Time Consideration/SignificanceofDay

January 1, 2019 CANCELLED NEW YEAR'S DAY

January 11-12, 2019 Council Retreat & Visioning Session

January 15, 20196:00 PM - Administrative Session

7:00 PM - General Session

February 5, 20196:00 PM - Administrative Session


February 19, 20196:00 PM - Administrative Session


March 5, 20196:00 PM - Administrative Session


March 19, 20196:00 PM - Administrative Session


April 2, 20196:00 PM - Administrative Session


April 16, 20196:00 PM - Administrative Session


May 7, 20196:00 PM - Administrative Session

7:00 PM - General SessionDiscussion of the FY2019 Amended Budget &FY2020 Tentative Budget for

West Point City & CDRA

May 21, 20196:00 PM - Administrative Session

7:00 PM - General SessionDiscussion of the FY2019 Amended Budget &FY2020 Tentative Budget for


June 4, 20196:00 PM - Administrative Session


Discussion of the FY2019 Amended Budget & FY2020 Tentative BudgetPublic Hearing and Adoption of FY2020 Tentative Budget for


June 18, 20196:00 PM - Administrative Session

7:00 PM - General SessionDiscussion and Adoption of FY2019 Amended Budget & FY2020 Final Budget

for West PoInt City CDRA

July 2, 20196:00 PM - Administrative Session


July 16, 20196:00 PM - Administrative Session


August 6, 20196:00 PM - Administrative Session


August 20, 20196:00 PM - Administrative Session

7:00 PM - General SessionPublic Hearing / Discussion / Certified Tax Rate

Discussion and Adoption of FY2020 Final Budget for West PoInt City

September 3, 20196:00 PM - Administrative Session


September 17, 20196:00 PM - Administrative Session


October 1, 20196:00 PM Administrative Session

7:00 PM General Session

October 15, 20196:00 PM Administrative Session

7:00 PM General Session

November 5, 2019 CANCELLED - ELECTION DAY ELECTION DAY

November 19, 20196:00 PM - Administrative Session


December 3, 20196:00 PM - Administrative Session


December 17, 20196:00 PM - Administrative Session


WestPointCityCouncil2019MeetingSchedule3200 West 300 North, West Point City UT 84015

(locations,dates,times,andconsidereditemsaresubjecttochange)


1

ORDINANCE NO. 12-04-2018A

AN ORDINANCE SETTING THE WEST POINT CITY COUNCIL MEETING

SCHEDULE FOR CALENDAR YEAR 2019

WHEREAS, West Point City, a Municipal Corporation, hereafter referred to as the “City,” is

a public body of the State of Utah; and WHEREAS, the City is governed by a Mayor and City Council duly elected according

to law; and

WHEREAS, the City Council has traditionally met to consider and deliberate matters of City business on the first and third Tuesdays of every month; and

WHEREAS, the City is required by State Law (UCA, Title 10-3-502) to set by ordinance the

meeting schedule and venue of the City Council;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST POINT CITY, UTAH as follows:

The Mayor and City Council of West Point City, Davis County, State of Utah, hereby set the

City Council Meeting Schedule for the Calendar Year 2019, as put forth in Exhibit A, attached hereto.

This Ordinance shall become effective immediately upon passage.

Passed and adopted this 4th day of December, 2018

WEST POINT CITY, a Municipal Corporation

BY: ERIK CRAYTHORNE,

MAYOR

ATTEST: ______________________________ CASEY ARNOLD, CITY RECORDER


1

Subject: Residential Brick StandardsAuthor: Boyd Davis Department: Community Development Date: December 4, 2018 BackgroundThe Staff was asked to review the current brick requirements in the City Code and prepare a proposal to modify the requirements to allow more Hardie Board in place of brick. The Planning Commission has reviewed the code and has provided a recommendation that is included below. The City Council has reviewed the proposal and has made some modifications. An ordinance has been prepared for the Council to consider for approval. AnalysisThe current code requires 40% brick or stone on the front of all houses and a 3 ft. wainscot on the sides. There have been many requests to allow more Hardie Board in place of brick or stone, some even requesting 100% Hardie Board with no brick or stone. (Hardie Board is a name brand for a product known as fiber cement board). The Planning Commission’s proposal is to add another option to the code that would allow builders to use all Hardie Board if it is used on the front and the sides. No stucco, vinyl siding, or other exterior treatments would be allowed. However, brick or stone will still be allowed in combination with Hardie Board. The Planning Commission is also recommending a requirement to change the pattern of the Hardie Board on gables or other obvious break points to create a more attractive design. They also recommend eliminating the requirement for a 3 ft. wainscot on all homes. After considering the proposal, the City Council made some modifications to the proposal. The Council decided that the 3 ft. wainscot would still be required, but the amount of brick required on corner lots would be reduced from 40% to a simple 3 ft. wainscot. The Council’s proposed language for the code is as follows:

15.15.130 Residential standards.

C. For purposes of this subsection, the definition of “facade” means all exterior walls. Regulations for new

residential construction must meet one of these two options.

1. A minimum of 40 percent of the front exterior wall construction for all single-family, duplex, and

townhomes shall be constructed of brick, rock, or stone. The 40 percent requirement shall be

calculated by measuring the front facade of the structure from the foundation to the top plate line



2

of the uppermost level, excluding openings for windows, doors, and trim, and by multiplying that

figure by 40 percent. The builder of the structure shall be authorized to satisfy the 40 percent

requirement by the lacing of brick, rock, or stone. On a corner lot, the facade that faces the public

street or private road that services the structure shall have a minimum of 40 percent of that

facade covered with brick, rock, or stone. No vinyl siding shall be allowed on any facade that

faces a street unless it is a rear facade. In addition to the 40 percent requirement on the front of

the structure, the sides of the structure shall have a minimum of a three-foot-high wainscot of

brick, rock, or stone along the entire length of the wall on each side of the structure.

2. All front and side exterior walls, including corner lots for single-family, duplex, and townhomes

shall be constructed of 100 percent brick, rock, stone or engineered siding (includes fiber cement

boards such as Hardie or engineered wood siding such as LP Smartside) as a stand-alone product or

in combination with other materials previously mentioned. Specific to the front face of the house,

homes with 100% engineered siding, must use a different pattern on the gables.

An ordinance has been prepared that includes the proposed language listed above. RecommendationStaff recommends approval of Ordinance 12-04-2018B SignificantImpactsNone AttachmentsOrdinance 12-04-2018B


1

ORDINANCE NO. 12-04-2018B

AN ORDINANCE AMENDING WEST POINT CITY CODE SECTION 15.15.130,

MODIFYING RESIDENTIAL STANDARDS

WHEREAS, the West Point City Council for and on behalf of West Point City, State of Utah (hereinafter referred to as the “City”) has determined to amend Section 15.15.130(C) of the West Point City Code, and

WHEREAS, a public hearing was duly held and the interested parties were given an opportunity to be heard; and,

WHEREAS, the City Council has duly considered said amendments; and, WHEREAS, the City Council, after due consideration of said amendments, has concluded

that it is in the best interest of the City and the inhabitants thereof that said amendments be adopted;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST POINT CITY, UTAH as follows:

Section One: Repeal of Existing Chapter

The existing Title 15, Chapter 15, Section 130(C) of the West Point City Code is hereby repealed.

Section Two: Adoption of New Provisions

The following section of the West Point City Code is adopted to read as follows: (Strike

through text indicates text being removed from the code, and underlined text indicates new additions).

15.15.130 Residential standards.

C. For purposes of this subsection, the definition of “facade” means all exterior walls.

Regulations for new residential construction must meet one of these two options.

1. A minimum of 40 percent of the front exterior wall construction for all single-family,

duplex, and townhomes shall be constructed of brick, rock, or stone. The 40 percent

requirement shall be calculated by measuring the front facade of the structure from the

foundation to the top plate line of the uppermost level, excluding openings for windows,


2

doors, and trim, and by multiplying that figure by 40 percent. The builder of the structure

shall be authorized to satisfy the 40 percent requirement by the lacing of brick, rock, or

stone. On a corner lot, the facade that faces the public street or private road that services

the structure shall have a minimum of 40 percent of that facade covered with brick, rock,

or stone. No vinyl siding shall be allowed on any facade that faces a street unless it is a

rear facade. In addition to the 40 percent requirement on the front of the structure, the

sides of the structure shall have a minimum of a three-foot-high wainscot of brick, rock,

or stone along the entire length of the wall on each side of the structure.

2. All front and side exterior walls, including corner lots for single-family, duplex, and townhomes shall be constructed of 100 percent brick, rock, stone or engineered siding (includes fiber cement boards such as Hardie or engineered wood siding such as LP Smartside) as a stand-alone product or in combination with other materials previously mentioned. Specific to the front face of the house, homes with 100% engineered siding, must use a different pattern on the gables.

Section Three: ORDINANCES TO CONFORM WITH AMENDMENTS

The West Point City Director of Community Development is hereby authorized and

directed to make all necessary changes to the West Point City Code to bring the text into conformity with the changes adopted by this Ordinance.

Section Four: Severability

In the event that any provision of this Ordinance is declared invalid for any reason, the remaining provisions shall remain in effect.

Section Five: Effective Date

This Ordinance shall take effect immediately upon passage and adoption and publication of a summary as required by law.


3

DATED this ___ day of ____________, 20__.

WEST POINT CITY, a Municipal Corporation

By: Erik Craythorne

Mayor ATTEST: ______________________________ Casey Arnold City Recorder


1

Subject: Amended Developer’s Agreement – Manning Property Author: Boyd Davis Department: Community Development Date: December 4, 2018 BackgroundPsion Homes was granted final approval as a PVFD development on the Manning property located at 3600 W 800 N. As part of the approval a developer’s agreement was executed that allowed the lot widths to be 80 ft. The developer is now requesting an amendment to the agreement to allow an 8 ft. side yard setback. AnalysisThe developer is requesting that the set back on his lots be the same as other lots of similar size. His request does seem to be reasonable and consistent with the zoning code. This development is in the R-2 zone which requires a 90’ frontage and 10’ side yards. Because this development is a PVFD it was allowed to have 80’ frontages. That is smaller than what is allowed in the R-3 zone (85’ frontage with 8’ side yards). It does seem reasonable to allow an 8’ side yard based upon the size of the lots. At the last meeting the Council suggested that the smaller setback be allowed only on those lots that have 80’ of frontage. The developer has since asked if that could be extended to other lots. He submitted a house plan for a small rambler that is 63’ wide. That plan would fit on an 80’ wide lot if the setbacks were 8’. Attached is a map showing which lots are proposed to have an 8’ side yard setback. RecommendationStaff recommends approval of resolution 12-04-2018A. As an alternative, the Council may modify the map to include the lots that the Council desires. SignificantImpactsNone AttachmentsResolution 12-04-2018A Amended Developer’s Agreement



RESOLUTION NO. 12-04-2018A

A RESOLUTION AMENDING A DEVELOPER’S AGREEMENT BETWEEN WEST POINT CITY AND PSION HOMES FOR THE DEVELOPMENT OF PROPERTY LOCATED

AT APPROXIMATELY 3500 WEST 800 NORTH

WHEREAS, Ua Fiu LLC, DBA Psion Homes, is the owner of real property identified as Davis

County parcel ID 140450015; and

WHEREAS, West Point City has entered into a developer’s agreement with Ua Fiu LLC, DBA

Psion Homes; and

WHEREAS, West Point City and Ua Fiu LLC, DBA Psion Homes, desire to amend the written

agreement, attached hereto; and

WHEREAS, the West Point City Council has reviewed said amended agreement and finds it

acceptable to the City.

NOW, THEREFORE, BE IT RESOLVED, FOUND AND ORDERED, by the City Council

of West Point City as follows:

1. The amended Developer’s Agreement, which is attached hereto and incorporated by this

reference, is hereby approved.

2. The Mayor is hereby authorized to sign and execute said agreement.

PASSED AND ADOPTED this 4th day of December, 2018.

WEST POINT CITY,

A Municipal Corporation By:____________________________________

Erik Craythorne, Mayor ATTEST: _________________________________________ Casey Arnold, City Recorder


1st AMENDMENT TO THE

AGREEMENT FOR DEVELOPMENT OF LAND BETWEEN WEST POINT CITY AND PSION HOMES

(Approximately 3500 West 800 North, north side)

THIS AGREEMENT for the development of land (hereinafter referred to as “Agreement”) is made and entered into this __ day of _____, 20___, between WEST POINT CITY, a municipal corporation of the State of Utah (hereinafter referred to as “City”), and UA FIU LLC, DBA PSION HOMES. (hereinafter referred to as “Owners”). City and Owners collectively referred to as the “Parties” and separately as “Party”. RECITALS

WHEREAS, the City has considered an application for a zone change from the present zoning of A-40 (Agricultural) to R-2 (Single Family Residential) with a PVFD (Planned Variety and Flexibility Development) overlay zone, of certain property located at approximately 3500 West and 800 North on the north side of 800 North and contained by the following tax identification number: 140450015, (hereinafter the “Subject Area”); and

WHEREAS, the overall Subject Area consists of approximately 10.0 acres; and WHEREAS, the overall Subject Area is described in legal descriptions in more detail in

“Exhibit B” attached hereto (hereinafter “Exhibit B”); and

WHEREAS, Owners are the owners of the above described property and have presented a proposal for development of the Subject Area to the City, which provides for development in a manner consistent with the overall objectives of West Point City’s General Plan, and is depicted in more detail on “Exhibit A” attached hereto (hereinafter “Exhibit A”); and

WHEREAS, the City has considered the overall benefits of a “PVFD” concept for the Subject Area to allow additional density in exchange for improved standards for the homes, the landscaping, and the maintenance of the subject property; and

WHEREAS, Parties desire to enter into this Agreement to provide for the rezoning of the Subject Area, in a manner consistent with the overall objectives of the City’s General Plan and the intent reflected in that Plan; and

WHEREAS, City is willing to grant R-2, and PVFD overlay zoning approval for the Subject Area (as shown in “Exhibit A”) subject to Owners’ agreeing to certain limitations and undertakings described herein, which Agreement will enable the City Council to consider the approval of such development; and

WHEREAS, City believes that entering into the Agreement with Owners is in the best interest of the City and the health, safety, and welfare of its residents.


NOW, THEREFORE each of the Parties hereto, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree as follows: ARTICLE I DEFINITIONS

The following terms have the meaning and content set forth in this Article I, in this Agreement:

1.1 “Owners’ Property” shall mean that property owned by Owners, as depicted on “Exhibit A”.

1.2 “City” shall mean West Point City, a body corporate and politic of the State of Utah. The principal office of City is located at 3200 West 300 North, West Point, Utah 84015.

1.3 “City’s Undertakings” shall mean the obligations of the City set forth in Article III

1.4 “Owners” shall mean Ua Fiu LLC, DBA Psion Homes, 377 North Marshall Way Building A, Layton, UT 84041. Except where expressly indicated in this Agreement, all provisions of the Agreement shall apply jointly and severally to the Owners or any successor in interest. In the interest of advancing the project, however, any responsibility under this Agreement may be completed by any Owners so that the completing Owners may proceed with their project on their respective parcel.

1.5 “Owners’ Undertakings” shall have the meaning set forth in Article IV.

1.6 “Subject Area” shall have the meaning set forth in the Recitals hereto.

1.7 “Exhibit A” shall mean the map depicting the ownership, property lines and zoning and the map for proposed zoning.

ARTICLE II CONDITIONS PRECEDENT

2.1 Zoning consistent with “Exhibit A” is a condition precedent to Owners’ Undertakings

in Article IV. Zoning of the Subject Area shall reflect the general concept and schematic as depicted in “Exhibit A”, which includes:

2.1.1 10.0 acres of R-2 (Single-Family Residential) zoning; 2.1.2 10.0 acres of PVFD (Planned Variety and Flexibility) overlay zoning;

2.2 With respect to all zoning designations, Owners agree to design and construct

superior quality structures and amenities and to comply with all landscaping provisions of the West Point City Ordinances and specific setback, landscaping requirements of Article IV of this agreement.


2.3 This Agreement shall not take effect until City has approved this Agreement pursuant to a resolution of the West Point City Council.

ARTICLE III CITY’S UNDERTAKINGS

3.1 Subject to the satisfaction of the conditions set forth in Section 2.2 and Article II, City

shall accept an application for the rezone of the Subject Area from its present zoning of A-40 and R-2 to R-2, with a PVFD overlay zone, with an effective date no sooner than the effective date and adoption of this Agreement by the City Council, and shall hold a public hearing and follow the process outlined in the City Code before rezoning the property. If the rezone is not approved, then this agreement shall be null and void. Any zoning amendment shall occur upon finding by the City Council that it is in the best interest of the health, safety and welfare of the citizens of West Point City to make such changes at this time. All permits and site plan reviews and approvals shall be made pursuant to City ordinances. Nothing herein shall be construed as a waiver of the required reviews and approvals required by City ordinance.

3.2 The City shall grant a PVFD overlay zone designation on the Owner’s property. As such, Owner shall be allowed to include lots with a minimum of 10,000 square feet in the development.

3.3 The City shall allow a reduced side yard setback as indicated on the attached map

(Exhibit C) attached hereto and incorporated by this reference.

ARTICLE IV OWNERS’ UNDERTAKINGS

Conditioned upon City’s performance of its undertakings set forth in Article III with

regards to the zoning changes of the Subject Area, and provided Owner has not terminated this Agreement pursuant to Section 7.8, Owner agree to the following:

4.1 Landscape Buffer. Owner shall uniformly landscape the 8-foot wide landscape buffer on the access roads to the subdivision. More specifically, the landscape buffer will be installed on the north side of 800 North street along the frontage of the Owner’s property. In addition, an easement for a future landscape buffer will be dedicated on the west side of the future 3500 West street along the frontage of the Owner’s property, pursuant to the city’s standard landscaping drawing. Owner agrees to provide a financial guarantee that the landscaping will be installed at the time the road is constructed.

4.2 Trees. Owners shall plant trees along all park strips in a uniform fashion – one tree

per lot, pursuant to the city’s ordinance.

4.3 Landscaped Lots. Owner shall fully and uniformly landscape all front yards within the proposed subdivision.

4.4 Maintenance. Owner shall maintain all landscaped lots prior to the sale of the same.


Owner shall also maintain the landscaped buffers along 800 N and 3500 W, including the road right-of-way, until the Home Owners Association (HOA) is fully formed and functional, at which point the HOA shall maintain the landscaped buffers and the road right-of-way. The HOA shall maintain the road right-of-way until the road is constructed. Irrigation water for the landscape buffer shall be separately metered.

4.5 HOA and CCRs. Owner shall record Covenants, Conditions and Restrictions providing for the following:

a. Home Owner Association with bylaws b. The following restrictions:

i. Front facades to be at least 50% brick, rock or stone, with the remainder of the front façade to be fiber cement board or stucco.

ii. 3 ft. wainscot of brick or rock on sides of the home. iii. Minimum square footage of 1500 sq. ft. on main level for rambler style homes. iv. Minimum square footage of 2000 sq. ft. above grade for two story style homes. v. Minimum square footage of 1750 sq. ft. for one story, slab on grade style homes.

vi. All homes must have a 6-12 pitched roof. vii. Vinyl fencing will be allowed, chain link will not be allowed.

viii. All homes will have a 3 car garage.

4.6 Variety of Lot Sizes. The minimum lot size shall be 10,000 sq. ft. The average lot size shall be 11,000 sq. ft. or larger.

4.7 Not Considered Approvals. Except as otherwise provided, these enumerations are not to be construed as approvals hereof, as any required process must be pursued independent hereof.

4.8 Amendments. Owners agree to limit development to the uses provided herein. If other uses are desired, Owners agrees to seek amendment of this Agreement before pursuing approval thereof.

4.9 Conflicts. Except as otherwise provided, any conflict between the provisions of this Agreement and the City’s standards for improvements, shall be resolved in favor of the stricter requirement.

ARTICLE V GENERAL REQUIREMENTS AND RIGHTS OF THE CITY

5.1 Issuance of Permits - Owners. Owners, or assignee, shall have the sole responsibility

for obtaining all necessary building permits in connection with Owners’ Undertakings and shall make application for such permits directly to West Point City and other appropriate agencies having authority to issue such permits in connection with the performance of Owners’ Undertakings. City shall not unreasonably withhold or delay the issuance of its permits.

5.2 Completion Date. The Owners shall, in good faith, reasonably pursue completion of the development. Each phase or completed portion of the project must independently meet the


requirements of this Agreement and the City’s ordinances and regulations, such that it will stand alone, if no further work takes place on the project.

5.3 Access to the Subject Area. For the purpose of assuring compliance with this Agreement, so long as they comply with all safety rules of Owners and their contractor, representatives of City shall have the right of access to the Subject Area without charges or fees during the period of performance of Owners’ Undertakings.


ARTICLE VI REMEDIES

6.1 Remedies for Breach. In the event of any default or breach of this Agreement or any

of its terms or conditions, the defaulting Party or any permitted successor to such Party shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and in any event cure or remedy the breach within thirty (30) days after receipt of such notice. In the event that such default or breach cannot be reasonably be cured within said thirty (30) day period, the Party receiving such notice shall, within such thirty (30) day period, take reasonable steps to commence the cure or remedy of such default or breach, and shall continue diligently thereafter to cure or remedy such default or breach in a timely manner. In case such action is not taken or diligently pursued, the aggrieve Party may institute such proceedings as may be necessary or desirable in its opinion to:

6.1.1 Cure or remedy such default is pursued, including, but not limited to, proceedings to compel specific performance by the Party in default or breach of its obligations; and

6.1.2 If the remedy of reversion is pursued, the defaulting Owner(s) agree(s) not to contest the reversion of the zoning on undeveloped portions of the Subject Area, by the City Council to the previous zoning on the property, and hereby holds the City harmless for such reversions of the zoning from R-3, R-5 and C-C to A-40 and R-2.

6.1.3 If Owners fail to comply with applicable City codes, regulations, laws, agreements, conditions of approval, or other established requirements, City is authorized to issue orders requiring that all activities within the development cease and desist, that all work therein be stopped, also known as a “Stop Work” order.

6.2 Enforced Delay Beyond Parties’ Control. For the purpose of any other provisions of this Agreement, neither City nor Owners, as the case may be, nor any successor in interest, shall be considered in breach or default of its obligations with respect to its construction obligations pursuant to this Agreement, in the event the delay in the performance of such obligations is due to unforeseeable causes beyond its fault or negligence, including, but not restricted to, acts of God or of the public enemy, acts of the government, acts of the other Party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather, or delays of contractors or subcontractors due to such causes or defaults of contractors or subcontractors. Unforeseeable causes shall not include the financial inability of the Parties to perform under the terms of this Agreement.

6.3 Extension. Any Party may extend, in writing, the time for the other Party’s performance of any term, covenant or condition of this Agreement or permit the curing of any default or breach upon such terms and conditions as may be mutually agreeable to the Parties; provided, however, that any such extension or permissive curing of any particular default shall not operate to eliminate any of any other obligations and shall not constitute a waiver with


respect to any other term, covenant or condition of this Agreement nor any other default or breach of this Agreement.

6.4 Rights of Owners. In the event of a default by Owners’ assignee, Owners may elect, in their discretion, to cure the default of such assignee, provided, Owners’ cure period shall be extended by thirty (30) days.

ARTICLE VII GENERAL PROVISIONS

7.1 Successors and Assigns of Owners. This Agreement shall be binding upon Owners and their successors and assigns, and where the term “Owners” is used in this Agreement it shall mean and include the successors and assigns of Owners not approved by City. Notwithstanding the foregoing, City shall not unreasonably withhold or delay its consent to any assignment or change in ownership (successor or assign of Owners) of the Subject Area.

7.2 Notices. All notices, demands and requests required or permitted to be given under this Agreement (collectively the “Notices”) must be in writing and must be delivered personally or by nationally recognized overnight courier or sent by United States certified mail, return receipt requested, postage prepaid and addressed to the Parties at their respective addresses set forth below, and the same shall be effective upon receipt if delivered personally or on the next business day if sent by overnight courier, or three (3) business days after deposit in the mail if mailed. The initial addresses of the Parties shall be:

To Owners: UA FIU LLC, DBA PSION HOMES 377 North Marshall Way Building A, Layton, UT 84041

To City: WEST POINT CITY CORPORATION

3200 West 300 North West Point, Utah 84015

Upon at least ten (10) days prior written notice to the other Party, either Party shall have

the right to change its address to any other address within the United States of America.

If any Notice is transmitted by facsimile or similar means, the same shall be deemed served or delivered upon confirmation of transmission thereof, provided a copy of such Notice is deposited in regular mail on the same day of transmission.

7.3 Third Party Beneficiaries. Any claims of third party benefits under this Agreement are expressly denied, except with respect to permitted assignees and successors of Developer.

7.4 Governing Law. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Utah, both as to interpretation and performance. Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts of the State of Utah.


7.5 Integration Clause. This document constitutes the entire agreement between the

Parties and may not be amended except in writing, signed by the City and the Owner or Owners affected by the amendment.

7.6 Exhibits Incorporated. Each Exhibit attached to and referred to in this Agreement is hereby incorporated by reference as though set forth in full where referred to herein.

7.7 Attorneys’ Fees. In the event of any action or suit by a Party against the other Party for reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other Party arising out of this Agreement, the prevailing Party in such action or suit shall be entitled to have and recover from the other Party all costs and expenses incurred therein, including reasonable attorneys’ fees.

7.8 Termination. Except as otherwise expressly provided herein, the obligation of the Parties shall terminate upon the satisfaction of the following conditions:

7.8.1 With regard to Owners’ Undertakings, performance of the Owners’ Undertakings as set forth herein.

7.8.2 With regard to City’s Undertakings, performance by City of City’s Undertakings as set forth herein.

Upon an Owners’ request (or the request of Owners’ assignee), the other Party agrees to enter into a written acknowledgment of the termination of this Agreement, or part thereof, so long as such termination (or partial termination) has occurred.

7.9 Recordation. This Agreement shall be recorded upon approval and execution of this agreement by the Owner(s), whose property is affected by the recording and the City.

7.10 Site/Landscape Plan. The Owners will prepare an overall Site/Landscape Plan reflecting the proposed development of the Subject Area. The Site/Landscape Plan shall be executed and binding on the Parties. This Plan may be amended as agreed upon by the Parties, to the extent that said amendments are consistent with the objectives of this Agreement and the City’s ordinances and regulations.


IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by

their duly authorized representatives effective as of the day and year first above written.

WEST POINT CITY CORPORATION:

___________________________________ ERIK CRAYTHORNE ., Mayor

ATTEST: __________________________ CASEY ARNOLD, City Recorder I (we), _________________, _________________ being duly sworn, depose and say that I (we) am (are) the owner(s) of the property identified in the attached agreement and that the statements contained and the information provided identified in the attached plans and other exhibits are in all respects true and correct to the best of my (our) knowledge. ______________________________________ John Nelson

President/Owner of UA FIU LLC, DBA PSION HOMES Subscribed and sworn to me this ____________ day of _________ 20__ _______________________________________ Notary Public Residing in: _____________________________ My Commission Expires: __________________


EXHIBIT A


EXHIBIT B

Parcel ID: 140450015 Legal Description: BEG AT THE SE COR OF THE NW 1/4 OF SEC 32-T5N-R2W, SLM; TH W 40 RODS; TH N 40 RODS; TH E 40 RODS; TH S 40 RODS TO THE POB. CONT. 10.00 ACRES


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Subject: Impact Fee ReimbursementAuthor: Boyd Davis Department: Community Development Date: November 20, 2018 BackgroundThe Sun Meadow Subdivision is currently under construction. As part of the subdivision, the developer is required to construct the storm drain along 800 N. The storm drain is impact fee eligible and the developer is requesting that he be reimbursed for the cost of the construction. AnalysisThe City has entered into impact fee reimbursement agreements in the past for similar projects. The impact fee analysis report does show that the storm drain is eligible for a portion of impact fees. The attached agreement includes the details of how much will be reimbursed and describes when it will be reimbursed. The total amount to be reimbursed is: $81,685 – storm drain impact fees The impact fees will be reimbursed on an annual basis based upon the impact fees collected in the subdivision. It should also be noted that the storm drain impact fee analysis is due for an update and the project costs will likely change. The agreement could be amended at that time. RecommendationStaff recommends approval of Resolution 12-04-2018B approving the reimbursement agreement. SignificantImpactsThe City will be required to reimburse impact fees to the developer. AttachmentsResolution 12-04-2018B Agreement



RESOLUTION NO. 12-04-2018B

A RESOLUTION APPROVING AN IMPACT FEE REIMBURSEMENT AGREEMENT BETWEEN UA FIU LLC, DBA PSION HOMES, AND WEST POINT CITY FOR THE INSTALLATION OF STORM DRAIN IMPROVEMENTS FOR THE SUN MEADOW SUBDIVISION

WHEREAS, Ua Fiu LLC, DBA Psion Homes is the developer of the Sun Meadow Subdivision,

located at 3600 W 800 N; and

WHEREAS, The West Point City Code requires improvements to be installed at the time of

development; and

WHEREAS, West Point City is assessing impact fees to pay for a portion of said improvements;

and

WHEREAS, Ua Fiu LLC, DBA Psion Homes, will install and pay for said improvements; and

WHEREAS, West Point City is willing to reimburse the developer for a portion of said

improvements.

NOW, THEREFORE, BE IT RESOLVED, FOUND AND ORDERED, by the City Council

of West Point City as follows:

1. The Repayment Through Impact Fees Agreement, which is attached hereto and incorporated by

this reference, is hereby approved.

2. The Mayor is hereby authorized to sign and execute said agreement.

PASSED AND ADOPTED this 4th day of December, 2018.

WEST POINT CITY,

A Municipal Corporation By:____________________________________

Erik Craythorne, Mayor ATTEST: _________________________________________ Casey Arnold, City Recorder


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AGREEMENT FOR THE CONSTRUCTION OF THE 800 NORTH STORM DRAIN

AND REPAYMENT THROUGH IMPACT FEES This agreement is made and entered into this ___ day of _________, 20__ by and between WEST POINT CITY, a political subdivision of the State of Utah, which shall be called the “CITY” in this agreement, and UA FIU LLC, DBA PSION HOMES a Utah Corporation which shall be called “DEVELOPER” in this agreement. This agreement is made and entered into by and between the parties based upon the following recitals:

RECITALS

A. The Developer is in the process of constructing the Sun Meadow Subdivision (the “Subdivision”), which has been approved by the City Council.

B. The City requires that the Developer construct the 800 North Storm Drain from

3500 W to 4000 W.

C. The section of storm drain described is included in the City’s list of impact fee projects and impact fees will be collected to pay for a portion of the improvements.

D. The Developer has agreed construct the storm drain and cover the costs of the

construction.

E. The City has agreed to repay the Developer with the impact fees collected for a portion of the costs of constructing the storm drain.

NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions set forth herein and other good and valuable consideration it is mutually agreed between the parties as follows:

AGREEMENT

1. All the above and foregoing Recitals are incorporated into and made a part of the

Agreement.

2. The Developer shall have its contractor install the storm drain and complete other incidental work necessary to accommodate the improvements. The storm drain will be constructed at 800 North from 3500 W to 4000 W. The improvements shall be installed according to the approved subdivision plans and shall meet the approved West Point City Standards.


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3. The City agrees to reimburse the Developer for a portion of the costs incurred based upon

the impact fee analysis reports for storm drains. The amounts to be reimbursed are as follows: $81,685 – storm drain impact fees

4. Payment to the Developer shall be done according to the City’s impact fee rebate policy, which states that payment shall be remitted to the Developer on or before the end of each fiscal year (June 30). The City will determine the amount of road impact fees collected from the Subdivision during the fiscal year and will remit that amount to the Developer.

5. Prior to any payments, the Developer will arrange to have the improvements inspected by the City. The Developer shall have its contractor make any repairs or corrections to the improvements as deemed necessary by the City.

6. If the Developer fails to complete the improvements with a successful inspection within

two years, then this agreement shall be null and void.

7. The Developer agrees to indemnify and hold the City harmless for any claim for damages caused by its contractor or other agents during the construction period.

8. This agreement sets forth the entire agreement and understanding by and between the parties. No agreement, written or oral, shall be binding upon the parties unless set forth herein or any amendment hereto which shall be set forth in writing.

9. In the event of default by either party the non-defaulting party shall be entitled to recover attorney’s fees and court costs from the defaulting party.


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IN WITNESS WHEREOF, the parties have caused this agreement to be executed in duplicate, each of which shall be deemed an original, as of the day and year first above written. WEST POINT CITY By:_____________________________________ ERIK CRAYTHORNE, Mayor Pro ATTEST: _____________________________________ CASEY ARNOLD, City Recorder

UA FIU LLC, DBA PSION HOMES

By:______________________________________ ATTEST: _____________________________________


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STATE OF UTAH ) : ss. COUNTY OF DAVIS ) On the _____ day of __________, 20___, personally appeared before me

________________________ and ________________________, who being by me duly sworn did say, each

for himself and herself that they, the said __________________ is the Mayor of West Point City,

Davis County, State of Utah and that she, the said ____________________, is the City Recorder of

West Point City, and that the within and foregoing instrument was signed on behalf of the

said West Point City by authority of the City Council of West Point City and said

___________________ and ___________________, each duly acknowledged to me that the said West

Point City executed the same and that the seal affixed is the seal of the said West Point City.

_________________________ NOTARY PUBLIC (SEAL) STATE OF UTAH ) ( ss. COUNTY OF DAVIS )

On the ______ day of ________, 20___ personally appeared before me

_________________________, the signer of the foregoing Agreement on behalf of UA FIU LLC,

DBA PSION HOMES, who duly acknowledge to me that he executed the same.

_____________________________ NOTARY PUBLIC (SEAL)


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