On the agenda: Eagle Mountain Planning Commission Meeting — data center (Oct 27)

EAGLE MOUNTAIN
PLANNING COMMISSION MEETING
OCTOBER 27, 2026, 5:30 PM
EAGLE MOUNTAIN CITY COUNCIL CHAMBERS
1650 EAST STAGECOACH RUN, EAGLE MOUNTAIN, UTAH 84005
5:30 PM – PLANNING COMMISSION WORK SESSION
1.

DISCUSSION ITEMS
1.A. DISCUSSION - Water Rights Code
1.B. AGENDA REVIEW

6:30 PM PLANNING COMMISSION POLICY SESSION
2.

CALL TO ORDER

3.

PLEDGE OF ALLEGIANCE

4.

DECLARATION OF CONFLICTS OF INTEREST

5.

MINUTES
5.A. October 13, 2026 Planning Commission Minutes

6.

STATUS REPORT

7.

ACTION AND ADVISORY ITEMS
7.A. PUBLIC HEARING / ACTION ITEM - An Ordinance of Eagle Mountain City, Utah,
Amending the Eagle Mountain Municipal Code 17.20 and 17.10 Public/Private Utilities in
Agricultural Zone.
BACKGROUND: (Presented by Community Development Director, Brandon Larsen) proposal
to make public and private utilities, including electrical transmission lines, either a
special or permitted use in the Agricultural Zone, as well as amendments to Chapter
17.10, Definitions, relative to utilities and electrical transmission lines.
7.B. PUBLIC HEARING / ACTION ITEM - An Ordinance of Eagle Mountain City, Utah,
Amending the Eagle Mountain Municipal Code 17.65.080 Greenhouse/Farm Products
Home Business.
BACKGROUND: (Presented by Planning Manager, Steven Lehmitz) Review of a
proposed code amendment to EMMC 17.65.080 to establish standards for home
businesses to sell farm and other closely related products.

8.

DISCUSSION ITEMS

9.

AGENDA REVIEW

10. NEXT SCHEDULED MEETING
11. ADJOURNMENT

THE PUBLIC IS INVITED TO PARTICIPATE IN PUBLIC MEETINGS FOR ALL AGENDAS.
In accordance with the Americans with Disabilities Act, Eagle Mountain City will make reasonable
accommodations for participation in all Public Meetings and Work Sessions. Please call the City
Recorder’s Office at least 3 working days prior to the meeting at 801-789-6611. This meeting may be
held telephonically to allow a member of the public body to participate. This agenda is subject to
change with a minimum 24-hour notice.

EAGLE MOUNTAIN CITY
PLANNING COMMISSION MEETING
OCTOBER 27, 2026
TITLE:
ITEM TYPE:
FISCAL IMPACT:
APPLICANT:

DISCUSSION - Water Rights Code
Discussion Item
N/A
City-initiated

CURRENT GENERAL PLAN DESIGNATION & ZONE
N/A
PUBLIC HEARING
No

ACREAGE
N/A

PREPARED BY
Brandon Larsen, Planning
Director

PRESENTED BY
Brandon Larsen

RECOMMENDATION:
N/A
BACKGROUND:
The City has been working on a number of items to better manage water rights. You are aware that
the City adopted a Water Use and Preservation Plan last fall. Engineering and Public Works have
been working with a firm to prepare a 40-year water plan for the City. Some of the City leaders also
attended a water workshop in June to brainstorm other ideas for conserving and managing water.
That workshop aided in the creation of this proposal.
This proposal is a series of code amendments to lay out the process for the review, acceptance, and
dedication of water rights to the City for residential developments and nonresidential uses. The water
dedication and purchase process will be clarified through this proposal. Historically, the water rights
review and dedication process has lacked clarity, which has led to confusion for staff and developers.
This proposal would establish a Water Rights Analyst who would be the go-to person in the City to
review water rights that are proposed to be dedicated to the City. This analyst would also help with
maintaining the City water rights inventory, and help with the purchasing of water for nonresidential
uses.
This proposal would establish that water rights for residential use are to be dedicated to the City at
the time of master development plan (or preliminary plat when not in an MDP), and that
nonresidential water would be dedicated (or purchased from the City) before the City issues the first
building permit authorizing construction of the principal building or structure.
Staff is looking for feedback from the Planning Commission for the proposed process and language.
This language was drafted in close consultation with many city department heads, the City Attorney,
and the City's Management and Policy Analyst, John Magness, who is the City's water rights expert.

ITEMS FOR CONSIDERATION:

PLANNING COMMISSION ACTION/RECOMMENDATION:
N/A
ATTACHMENTS:
1. Water Rights Review and Dedication draft, to PC, 10.21.26

Water Rights Code

Part I.
13.25.030 Timing of conveyance Dedication of water.
The conveyance of water for any residential use shall occur prior to the recordation of a
subdivision plat or record of survey approval by the city council, and the conveyance of water
for nonresidential use shall occur at any time prior to the issuance of a building permit for the
nonresidential use. The timing requirements of Chapter 16.42 EMMC shall be met.

Part II.
17.10.030 Definitions.
“Water Rights Analyst” means the employee, contractor, or individual or firm responsible for
review of water rights prior to dedication of them to the City to ensure compliance with
applicable requirements found within this code. The Water Rights Analyst shall manage the
City’s water rights database and coordinate development approvals, as it pertains to water rights,
with the Development Review Committee.

Part III.
16.10.040 Application.
A. Supporting Materials. All master development applications shall contain, at a minimum, the
following information:
1. Legal Description. A legal description of the property.
2. Vicinity Map. A vicinity map showing the approximate location of the subject property with
relation to the other major areas of the city.
3. Traffic Plan. A plan showing the primary street layout, street construction phasing, and
detailed traffic study prepared by a traffic engineer. Roadways included in the city’s current
transportation plan within one-quarter mile of the project as well as within the project must be
included in the traffic plan.

4. Fee. The application fee required by the current consolidated fee schedule approved by the
city council and public notice fee (to be calculated and paid prior to the first public meeting).
5. Project Team. A list of project team members including licensed professionals (engineers,
landscape architects, etc.) directly involved in the project that shall be available during
presentations to the planning commission and city council.
6. Water Rights. Compliance with the requirements of Chapter 16.42 EMMC, including the
dedication of water rights to the City sufficient to serve the development or purchase of water
from the City, which shall only be allowed for commercial, industrial, institutional, and
recreational uses. A list of any and all water rights which may be appurtenant to or used upon
and in connection with the property to be developed. While only water for residential use shall
be required through the master development plan and agreement application process, the
applicant shall be required to demonstrate to the Council, at the master development plan stage,
that they have sufficient water to dedicate to the City, or they intend to purchase water from the
City, prior to the approval of building permit applications, for commercial, industrial,
institutional, and recreational uses.

Part IV.
16.10.070 Criteria for approval of MDPs.
B. Criteria Related to Infrastructure.
1. Utilities. Can the proposed development be adequately served by existing and proposed
utilities for the project area?
2. Streets. Does the street plan comply with the transportation master plan? Can the proposed
development be adequately served by the city’s transportation master plan and the project’s
proposed local streets?
3. Water Rights. Is there legally enforceable documentation to the satisfaction of the city City
attorney Attorney that substantiates the ability of the applicant tocompliance with Chapter 16.42
EMMC to convey dedicate water rights to the cCity sufficient to meet the development need, or
to purchase water from the City, for commercial, industrial, institutional, and recreational uses,
which dedication or purchase is sufficient to meet the development need, including both the
building lots and common improved open space?

Part V.
16.10.080 Criteria for approval of MDAs.

The MDA shall include the following elements to ensure the method, timing, and requirements
of construction throughout all phases of the master development. The MDA shall be a standard
template originated by the city and modified as needed through the review process.
...
C. Expiration of the Master Development. Master development approvals shall expire six months
from the date of approval by the city council if an MDA has not yet been approved and signed by
all applicable parties. However, master development approvals that include the use of well rights
for residential use shall expire nine months from the date of approval by the Council to allow
time to address protests related to change applications. MDAs shall:
1. Include an expiration of terms of the agreement with a set time limit determined at the
approval of the MDA; and
2. Not extend longer than six years from the signing of the agreement.
...

Part VI.
16.15.040 Application.
Property owners or their duly authorized agents shall make application for a concept plan on
forms prepared by the Planning Director. No concept plan application shall be processed without
the submission of the application, all the supporting materials as required by this chapter, and the
processing fee.
A. Supporting Materials. The following materials must be submitted with any application for a
concept plan:
1. Concept Plan. The proposed concept plan, drawn to a scale of not more than one-inch
equals 100 feet, showing the following:
a. Property boundary with dimensions.
b. Ownership of all adjacent tracts of land.
c. Locations and widths of existing and proposed streets.
d. Configuration of proposed lots with minimum and average lot sizes.
e. Approximate locations, dimensions, and area of all parcels of land proposed to be
set aside for park or playground use or other public use.

f. Those portions of property designated as floodplain and slopes in excess of 25
percent.
g. Total acreage of the entire tract proposed for subdivision.
h. General topography.
i. North arrow, scale, and date of drawing.
2. Traffic circulation plan including private driveways, public and private streets,
pedestrian paths, location of parking spaces and ingress or egress.
3. Conceptual street layout plan for all master development plans and preliminary plats
shall be submitted that considers traffic connectivity and any streets show on the Master
Transportation Plan within five hundred (500) feet of the proposed development.
4. Utility infrastructure plan, including basic modeling and analysis, for providing
necessary streets, water, sewer, storm drainage, and electrical distribution for the entire
tract including the point from which said services are to be extended.
5. Culinary water will-serve letter that addresses water and utility infrastructure availability
that has been signed and dated by the City Engineer, which letter is based on a review of
the Utility Infrastructure plan by the City Engineer and water rights by the Water Rights
Analyst, which rights Sourcing of any and all water rights which may be appurtenant to or
used upon and in connection with the property proposed to be developed.
B. Fee. The processing fee required by the current consolidated fee schedule approved by the
City Council.

Part VII.
16.20.040 Application.
Only property owners or their duly authorized agents shall make application for a preliminary
plat. All applications shall be filed on forms prepared by the planning director. No preliminary
plat application shall be processed without the submission of the completed application and all
supporting materials as required by this chapter, including the processing fee. Incomplete
applications shall not be processed under any circumstance.
...

D. Water Rights. Compliance with the requirements of Chapter 16.42 EMMC.Water rights
documentation showing availability of water rights sufficient to serve the development, or
acknowledgement in the form of a signed letter that the developer intends and commits to
purchase water from the city.

Part VIII.
Chapter 16.42
WATER RIGHTS REVIEW AND DEDICATION

16.42.010 Purpose
The purpose of this chapter is to establish uniform procedures for determining water
requirements for development, reviewing water rights for proposed development and uses,
documenting the availability of water, banking water rights, and dedicating water rights to Eagle
Mountain City. These provisions are intended to protect the City's long-term municipal water
supply and ensure that all water rights dedicated to the City are legally transferable, physically
available, suitable for municipal use, and capable of serving the proposed development.

16.42.020 Applicability.
All master development plan and preliminary plat applications that include residential uses, and
building permit applications for a principle building or structure for a commercial, industrial,
institutional, and recreational use must meet the applicable requirements of this chapter.

16.42.030 Owner of Property.
A building or land use application subject to the requirements of this chapter must be signed by
all owners of land and water included in the proposal. These owners of the land and water shall
be included as applicants in the proposal.

16.42.040 Determination of Water Requirements
A. Upon receipt of a complete application, which has been signed by the property owner or their
duly authorized agent, the City Engineer or designee shall, within ten business days, review the
quantity of water rights required to serve the proposed development or use.

B. The City shall identify the required water dedication amount and provide any supporting
calculations upon request.
C. The applicant shall demonstrate the availability of sufficient water rights, which are able to be
used within the development and for the proposed use, to satisfy the required dedication.

16.42.050 Water Rights Documentation
A. The applicant shall submit documentation sufficient to establish ownership, availability, and
suitability of the proposed water rights.
B. The following documentation shall be submitted, as applicable:
1. Water right numbers.
2. State Engineer records.
3. Division of Water Rights forms and approvals, such as Change Applications and Reports
of Conveyance
4. Documentation establishing ownership.
5. Title reports or title insurance.
6. Water company ownership documentation.
7. Water dedication agreements.
8. Recorded deeds.
9. Banked Water Allocation forms.
10. Banked Water Transfer Request forms.
11. Any additional documentation requested by the Water Rights Analyst.
C. Development applications proposing to use a well right that is not already in the City’s water
database shall obtain approval for a Change Application from the City, as follows:
1. The applicant shall obtain City approval of the Change Application before submitting it
to the State Engineer.
2. If the Change Application has been approved by the City, it shall be signed by the Mayor
or City Manager prior to submittal to the State Engineer.
3. The Change Application shall change the Point(s) of Diversion to all city wells and the
use to Municipal (in favor of Eagle Mountain City).
4. The applicant shall ensure the Change Application is effective in aligning the water
right’s Place of Use(s) with the Point(s) of Diversion of all city wells.
D. The applicant shall notify the City when the State Engineer has approved a Change
Application.
E. An applicant may seek approval to buy CWP water from the City for proposals for
commercial, industrial, institutional, or recreational use. If approval from the City is obtained,

the City Engineer will issue a will serve letter, which letter will be submitted with the applicable
application.
F. All requests for new CWP water, as defined in Chapter 13.25 EMMC, shall comply with the
provisions of the same chapter. The Water Rights Analyst, with the help of the City Attorney,
will prepare contracts for CWP water, which contracts must be signed by either the Mayor or
City Manager.
G. Submission of incomplete or inaccurate documentation shall constitute an incomplete
application.

16.42.060 Review by the Water Rights Analyst
A. All proposed water rights shall be reviewed by the Water Rights Analyst.
B. The Water Rights Analyst shall review whether the proposed water rights:
1. Are owned or controlled by the applicant;
2. Are legally transferable to Eagle Mountain City;
3. Are sufficient in quantity, especially in the event a water right’s quantity is reduced after
review by the State Engineer;
4. Are suitable for municipal use;
5. Can reasonably serve the proposed development or use;
6. Satisfy applicable City standards; and
7. Meet any additional requirements established by applicable law.
C. The Water Rights Analyst may request additional documentation, clarification, or revisions as
necessary to complete the review.
D. The Water Rights Analyst may coordinate with the City Engineer or designee, City Attorney
or designee, Planning Director or designee, Division of Water Rights, water companies, other
agencies, or outside legal counsel as necessary to complete the review.

16.42.070. Banked Water Rights
A. Water rights may be banked only in accordance with Chapter 13.25 EMMC and on forms
approved by the City.
B. Banked water credits may satisfy water dedication requirements only after verification by the
Water Rights Analyst that sufficient credits are available and properly assigned to the proposed
development.
C. Transfers of banked credits shall be submitted on City-approved forms signed by the current
and proposed credit holders.

D. The Water Rights Analyst shall review approved transfers and update the City's water rights
database.
E. The City's water rights database constitutes the official administrative record of banked water
credits unless demonstrated otherwise by competent evidence.
F. Banking water rights or credits does not constitute approval of a development application,
guarantee future water service, or create any vested right.
G. The Water Rights Analyst shall maintain all records relating to banked water rights.

16.42.080 Water Rights Dedication
A. Dedication of water for residential uses shall be required at the master development plan or
preliminary plat (if not included in a master development plan) application stage of development.
Water for commercial, industrial, institutional, and recreational uses shall be dedicated to the
City or purchased from the City before the City issues the first building permit authorizing
construction of the principal building or structure.
B. Prior to approval of a master development plan or preliminary plat (if not included in a master
development plan) for residential use, or building permit for the principle building or structure
for a commercial, industrial, institutional, or recreational use, the applicant shall dedicate the
required water rights to Eagle Mountain City, unless the applicant elects to purchases CWP
water from the City for a commercial, industrial, institutional, or recreational use, only, to meet
water quantity requirements to service the development or use.
C. Water rights shall be conveyed in a form acceptable to the City. The following forms may be
required to complete the dedication process, as applicable:
1.
2.
3.
4.
5.
6.
7.
8.

Recorded deeds;
Water Dedication Agreements;
Title insurance;
Reports of Conveyance;
Approved Change Applications;
Banked Water Allocation Agreements;
Banked Water Transfer Requests; and
Other documentation required by the City.

D. If the water right to be dedicated to the City is a well right that is not in the City’s water
database, then the applicant is required to do the following:
1. Record a deed with the Utah County Recorder deeding the water to the City.
2. Provide title insurance for the water right to the benefit of the City.
3. File a Report of Conveyance with the Division of Water Rights.

E. Water required to serve multi-tenant or industrial shell buildings, including anticipated tenant
improvements, shall be dedicated or purchased before issuance of the shell building permit.
Additional water may be required if future tenant improvements increase water demand.
F. The applicant shall be responsible for all costs associated with the transfer and dedication of
water rights, including applicable City fees and any other costs required to complete the transfer
and dedication, unless otherwise approved by the City. City fees shall be assessed in accordance
with the Eagle Mountain City Consolidated Fee Schedule, as applicable.
G. All water rights dedicated to the City, and all other associated forms, allocations, and
agreements, shall be filed by the Water Rights Analyst and maintained in the City’s water rights
database.

16.42.090 Acceptance of Water Rights
A. Water rights shall not be considered dedicated until accepted by the City.
B. Acceptance may require approval by the Water Rights Analyst, review by the City Attorney,
when necessary, completion of conveyance documents, recording of deeds, filing with the Utah
Division of Water Rights, and execution of applicable agreements.
C. The City may reject any proposed dedication that fails to satisfy the requirements of this
chapter.
D. All CWP water purchases from the City, along with all other associated forms and
agreements, shall be filed by the Water Rights Analyst and maintained in the City’s water rights
database.

16.42.100 Administrative Authority
Nothing in this chapter shall limit the City’s authority to require additional documentation
reasonably necessary to verify ownership, transferability, quantity, or suitability of proposed
water rights.

Part IX.
16.60.040 Application.
A property owner or their duly authorized agent shall make application for a building permit on
forms prepared by Eagle Mountain City. No building permit may be processed without the
submission of the application and all the supporting materials as required by the city. Incomplete
applications shall not be processed under any circumstance.

A. Supporting Materials. The following materials must be submitted with any application for a
building permit:
...
10. Water Right Dedication or Water Purchase. Demonstration of compliance with the
requirements of Chapter 16.42 EMMC, including water right dedication or water purchase for a
building permit application for a principle building or structure for a commercial, industrial,
institutional, or recreational use.

Part X.

16.60.060 Water required for nonresidential use.
For a commercial, industrial, institutional, or recreational use, required water shall be dedicated
or purchased from the City prior to issuance of the first building permit authorizing construction
of the principal building or structure.

16.60.070 Water required at building permit for shell.
Water required to serve multi-tenant or industrial shell buildings, including anticipated tenant
improvements, shall be dedicated or purchased before issuance of the shell building permit.
Additional water may be required if future tenant improvements increase water demand.

16.60.060 080 Approved plan on construction site.
The plot plan and construction plans that have been stamped and signed by the building official
or designee and fire marshal (if required) or designee, or an electronic copy thereof, shall be on
the job site for all inspections. Contractors that do not have the approved plan on the job site may
not be eligible for an inspection and charged a reinspection fee at the discretion of the building
official and as allowed by the International Building Code or the International Residential Code.
[Ord. O-23-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 12.6)].

16.60.070 090 Issuance of a certificate of occupancy.
Structures that comply with all of the International Building Code or International Residential
Code requirements, this title and any other conditions imposed through a site plan review or
conditional use process may be eligible to receive a certificate of occupancy. Structures may not
be issued a certificate of occupancy until verification has been provided that any required water
rights have been dedicated to the city or purchased with the city, and permanent infrastructure is
complete (including paved roads, curb and gutter, sidewalk, street signs, required landscaping,
and all required utilities). Upon receiving a certificate of occupancy, the owner, builder or

contractor may request that the bond be reimbursed with interest. [Ord. O-23-2024 § 2 (Exh. A);
Ord. O-23-2005 § 3 (Exh. 1(2) § 12.7)].

16.60.080 100 Temporary certificates of occupancy.
The building official may issue a temporary certificate of occupancy under very specific
circumstances. Temporary certificates of occupancy may only be issued under the following
circumstances:
A. Minor Deficiencies. Minor deficiencies that may be corrected within 30 days and pose no
threat to the public or persons who may occupy the structure.
B. Bond. When a temporary certificate of occupancy is issued, the bond placed for the protection
of public property will be retained and may be used at the building official’s discretion at a
future time under his direction to bring the structure into compliance with the International
Building Code or the International Residential Code, this title and any other conditions imposed
through a site plan review or conditional use process.
C. The city council may also exercise their discretionary power and authorize the building
official to issue a certificate of occupancy for unusual circumstances so long as it does not
violate the International Building Code or the International Residential Code.
D. Incomplete Services or Infrastructure. Temporary certificates of occupancy shall not be issued
for deficiencies or incomplete services, connections or infrastructure such as off-site water,
sewer, electrical, natural gas, sidewalks, curb, gutter or other items that present a safety hazard if
uninstalled. [Ord. O-23-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 12.8)].

EAGLE MOUNTAIN CITY
PLANNING COMMISSION MEETING
OCTOBER 27, 2026
TITLE:

Agenda Review

ITEM TYPE:

Discussion Item

FISCAL IMPACT:

N/a

APPLICANT:

N/A

CURRENT GENERAL PLAN DESIGNATION & ZONE
N/a
PUBLIC HEARING
No

N/A
PREPARED BY

RECOMMENDATION:
N/A
BACKGROUND:
N/A
ITEMS FOR CONSIDERATION:
N/A
PLANNING COMMISSION ACTION/RECOMMENDATION:
N/a
ATTACHMENTS:
None

ACREAGE

PRESENTED BY

EAGLE MOUNTAIN CITY
PLANNING COMMISSION MEETING
OCTOBER 27, 2026
TITLE:
ITEM TYPE:

October 13, 2026, Planning Commission hearing meeting minutes
Minutes

FISCAL IMPACT:

N/A

APPLICANT:

N/A

CURRENT GENERAL PLAN DESIGNATION & ZONE
N/A
PUBLIC HEARING
No

ACREAGE
N/A

PREPARED BY
Megan Green, Planning
Secretary

RECOMMENDATION:
N/A
BACKGROUND:
N/A
ITEMS FOR CONSIDERATION:
N/A
PLANNING COMMISSION ACTION/RECOMMENDATION:
N/A
ATTACHMENTS:
1. 10.13.2026 PC Meeting Minutes Draft

PRESENTED BY

EAGLE MOUNTAIN PLANNING COMMISSION
MEETING MINUTES
October 13, 2026, 5:30 p.m.
Eagle Mountain City Council Chambers
1650 East Stagecoach Run, Eagle Mountain, Utah 84005

COMMISSION MEMBERS PRESENT: Commissioners Rod Hess, Brent Strong, Bryan Free, Chad DeCoursey, and
Alternate Commissioner Laura Jensen.
ELECTED OFFICIAL PRESENT: Councilmember Melissa Clark.
CITY STAFF PRESENT: City Attorney, Marcus Draper; Senior Planner, David Stroud; Planner Steven Lehmitz; Planner,
Mickie Mills; and Megan Green, Planning Secretary.
5:30 P.M. – Eagle Mountain City Planning Commission Work Session
Commissioner Hess called the meeting to order at 5:30 p.m. excusing Commissioner Allen.
1.

Discussion Items
1.A. DISSCUSSION – Deer Run Concept Plan
• Senior Planner David Stroud presented Ivory Homes’ Deer Run concept plan in the Foothill
Residential zone, proposing 93 lots, open space, detention areas, a wildlife corridor, and a midblock connection.
• Discussion focused on retaining two City-owned parcels, access options, cul-de-sac connectivity,
commercial or business uses near the UDOT highway, wash ownership, drainage access, and a
proposed setback reduction from the code standard to 20 feet from the top of the wash.
• Commissioners emphasized emergency access, a possible public easement, restrictions on
fencing within the wash, and updated wildfire or wildlife-corridor specifications. The plan
remained subject to further development-agreement and City Council review.

Commissioner Hess adjourned the work session at 6:00 p.m.
6:30 P.M. – Eagle Mountain City Planning Commission Policy Session
2.
Commissioner Hess called the policy session to order at 6:30 p.m. excusing Commissioner Allen and
Community Development Director Brandon Larsen.
3.

Pledge of Allegiance

Commissioner Hess led the Pledge of Allegiance.
4.

Declaration of Conflicts of Interest

None.
5.

Approval of Meeting Minutes
5.A.

Eagle Mountain Planning Commission Meeting – October 13, 2026
Page 1 of 4

MOTION:

Commissioner Free moved to approve the minutes of September 22, 2026, Planning
Commission meeting. Commissioner Strong seconded the motion.
Jason Allen
Excused
Bryan Free
Yes
Rod Hess
Yes
Brent Strong
Yes
Chad DeCoursey
Yes
Laura Jensen
Yes
The motion passed with a unanimous vote.

6.

Status Report

Planner Steven Lehmitz reviewed the planning items discussed and voted upon during the City Council meeting on
October 6, 2026.
7.

Action and Advisory Items
7.A.

UCCU Express

Presentation Summary: Planner Mickie Mills presented a commercial community Site Plan for UCCU Express, which
is located near Trailhead and Pony Express Parkway. The plan meets landscaping and parking requirements and
requests a minor variation for 8.5-foot drive-up lanes with a 10-foot escape lane.
Applicant’s statements summary: Abe Dietz representing UCCU addressed the reasoning for the 8.5ft wide drive
through lane, and that their main concern is their members. He also stated that this is the same width they have at
their other locations, and that larger vehicles can use the outside lane which allows more room.
Discussion summary:
• Commissioners discussed the width of the drive through lane, and if it was sufficient enough to
accommodate larger vehicles.
• Commissioner Hess questioned the applicant on whether or not the outside lane will always be open and
available for service.
• Landscaping and street trees were discussed. Commissioner Hess brought up the City’s Street Tree Guide,
and that according to the guide the trees along Pony Express Parkway do not meet code.
• Commissioners forward a positive recommendation with two conditions.
Commissioner Hess opened the public hearing at 6:40 p.m. As there were no comments, he closed the hearing at 6:41
p.m.
MOTION:

Commissioner Hess moved to recommend approval to the City Council of Item 7.A., UCCU
Express with the following conditions:
1. Along Pony Express Parkway street trees are selected from the Class II list in the Street
Tree Guide.
2. Added signage directing larger vehicles to the outside lane.
Commissioner Jensen seconded the motion.
Jason Allen
Excused
Bryan Free
Yes
Rod Hess
Yes
Brent Strong
Yes
Chad DeCoursey
Yes
Laura Jensen
Yes
The motion passed with a unanimous vote.

Eagle Mountain Planning Commission Meeting – October 13, 2026
Page 2 of 4

7.B.

Oak Hollow and Parkway Crossroads Rezone

Presentation summary: Planner Mickie Mills presented the Oak Hollow and Parkway Crossroads Rezone. Since the
Eagle Mountain City Zoning Map was adopted, some properties have been listed with historic zoning designations.
The Eagle Mountain City Council has asked that these properties be assigned updated zoning that coincides with
current zoning designations. They also want to make sure the zoning fits with the City’s Future Land Use Map,
updating the map if needed.
Discussion summary:
• Oak Hollow residential properties would be aligned with the RC zone, while Parkway Crossroads properties
would transition from Village Core Commercial to current Commercial zoning.
• The amendments maintain General-Plan compatibility and do not change property rights or entitlements.
• Commissioners agree and forward a positive recommendation.
Commissioner Hess opened the public hearing at 7:06 p.m. As there were no comments, he closed the hearing.
MOTION:

Commissioner Strong moved to recommend approval to the City Council of Item 7.B., Oak Hollow
and Parkway Crossroads Rezone. Commissioner Free seconded the motion.
Jason Allen
Excused
Bryan Free
Yes
Rod Hess
Yes
Brent Strong
Yes
Chad DeCoursey
Yes
Laura Jensen
Yes
The motion passed with a unanimous vote.
7.C.

Artificial Turf and rear yard Landscaping

Presentation Summary Points: Senior Planner David Stroud presented the proposed artificial turf and rear yard
landscaping code amendments. EMMC does not contain standards regarding the installation of artificial turf. Staff
was directed to draft code to address standards needed to regulate the use of artificial turf. An amendment is also
proposed to eliminate rear yard landscaping requirements as state code does not permit municipalities to regulate
such landscaping. Proposed standards address a no-fade warranty, minimum 1.5-inch pile height, 50-ounce weight,
19-inch-per-hour water permeability, tree clearance, organic or mineral infill, stormwater retention, and 50% livingplant coverage.
Discussion summary points:
• Commissioners had concerns about the 50% live-plant coverage being too much.
• They also discussed the clarifying language concerning the required distance between any tree and where
the artificial turf can be installed.
Commissioner Hess opened the public hearing at 7:14 p.m. As there were no comments, he closed the hearing.
MOTION:

Commissioner DeCoursey moved to recommend approval to the City Council of Item 7.C.,
Artificial Turf and rear yard Landscaping, clarifying that artificial turf must remain at least
2.5 feet from the outer edge of an existing tree trunk. Commissioner Strong seconded the
motion.
Jason Allen
Excused
Bryan Free
Yes
Rod Hess
Yes

Eagle Mountain Planning Commission Meeting – October 13, 2026
Page 3 of 4

Brent Strong
Chad DeCoursey
Laura Jensen
The motion passed with a unanimous vote.

8.

Yes
Yes
Yes

Next Scheduled Meeting

The next Planning Commission meeting is scheduled for October 27, 2026.
9.

Adjournment

MOTION:

Commissioner Jensen moved to adjourn the meeting at 7:38 p.m. Commissioner DeCoursey
seconded the motion.
Jason Allen
Excused
Bryan Free
Yes
Rod Hess
Yes
Brent Strong
Yes
Chad DeCoursey
Yes
Laura Jensen
Yes
The motion passed with a unanimous vote.

The meeting was adjourned at 7:38 p.m.
Approved by the Planning Commission on
______________________________________
Brandon Larsen
Community Development Director

Eagle Mountain Planning Commission Meeting – October 13, 2026
Page 4 of 4

EAGLE MOUNTAIN CITY
PLANNING COMMISSION MEETING
OCTOBER 27, 2026
TITLE:

ITEM TYPE:
FISCAL IMPACT:
APPLICANT:

PUBLIC HEARING / ACTION ITEM - An Ordinance of Eagle
Mountain City, Utah, Amending the Eagle Mountain Municipal Code
17.20 and 17.10 Public/Private Utilities in Agricultural Zone.
Development Code Amendment
N/A
City-initiated

CURRENT GENERAL PLAN DESIGNATION & ZONE

ACREAGE

AG Zone
PUBLIC HEARING
Yes

N/A
PREPARED BY
Brandon Larsen, Planning
Director

PRESENTED BY
Brandon Larsen

RECOMMENDATION:
Forward a positive recommendation to the City Council of the proposal.

BACKGROUND:
In September 2024, Chapter 17.20 of the Eagle Mountain Municipal Code was amended to not allow the use
"Utility, Public or Private" in the AG Zone. Staff's recollection regarding one of the main purposes of this code
amendment was to not allow electrical or power transmission lines in the AG Zone. However, this action may
had some unintended consequences. By not allowing "Utility, Public or Private" in the AG Zone, now culinary
lines, sewer lines, electric power, etc., are no longer allowed in the zone. Also, if the intent was to simply prev
power transmission lines from being located in the AG Zone, the action may have been unnecessary. The de
"Utility, Public or Private" in EMMC 17.010.030 permits "electrical power," but it does not elaborate on what
constitutes "electrical power." However, power transmission lines are specifically called out and allowed as a
use" in the Light Manufacturing/Distribution (LMD) Zone. Public and private utilities are also allowed as a spe
but called out separately from power transmission lines. It seems there has been some past intent by the City
these uses separately.
Regarding power transmission lines, there is a proposed transmission line planned to run from Spanish Fork
to the Mercer Substation to help power data center development. We have approved data centers in the City
there needs to be a reasonable means to power them.

The Council asked Staff to prepare an overlay zone to give Council a tool to approve transmission lines. Span
actually did prepare an overlay for the same purpose and abandoned it because of provisions of Chapter 54Utah Code. Essentially, the Utah Code allows cities to place conditions of approval on power transmission lin
city's requirements or conditions may not impair the ability of the public utility to provide safe, reliable, and ad
service to its customers. If the conditions lead to excess or additional costs for an applicable power company
Rocky Mountain Power, then the city has to pay the cost related to those excess costs. Staff relayed this info
to the Council, and they abandoned their request for an overlay zone.

This proposal would make power transmission lines a permitted use in the AG Zone. Additionally, staff propo
allow public and private utilities as a special use, using the same language for utilities in the Residential Zone
found in EMMC 17.25. The special use requirements for public and private utilities in EMMC 17.75.092 are fa
minimal. However, consideration should be given whether public and private utilities should just be permitted
without the special requirements because of the potential for the City to have to pay for the additional costs re
these conditions of approval.

ITEMS FOR CONSIDERATION:
EMMC 17.10.030 defines Utilities as follows: “Utilities” includes culinary water lines and systems, pressure an
irrigation lines and/or ditches, sanitary sewer lines, storm drain lines, subdrains, electric power, natural gas fa
cable television, telephone transmission lines, data transmission lines, underground conduits and junction bo

Special Requirements for Public and Private
Utilities: https://www.codepublishing.com/UT/EagleMountain/#!/EagleMountain17/EagleMountain1775.html#1
Chapter 54-14, Utah Code: https://le.utah.gov/xcode/Title54/Chapter14/54-14-P2.html?v=C54-14P2_1800010118000101
PLANNING COMMISSION ACTION/RECOMMENDATION:
N/A
ATTACHMENTS:
1. 17.20.020, Allowing Utilities

A gricultural Zone

17.20.020 Land use table.
This land use table contains the various land uses that are permitted, conditional,
special, and prohibited uses in the agriculture zone. Uses that are not listed in this
table are prohibited.
P = Permitted (Permitted uses may still require approval through an application
process as detailed in this chapter and other chapters).
S = Special (Special uses are permitted as long as they comply with the standards
listed in Chapter 17.75 EMMC that are specific to that type of use).
Blank = Prohibited.

Agriculture Land Uses
Land Use

AG

Accessory Uses:
Accessory Buildings (e.g., barns,
garages, greenhouses, gardening
sheds, recreation rooms, and similar
structures, etc.)

P

Accessory Dwelling Unit, Attached or
Detached – in compliance with
Chapter 17.70 EMMC

P

Home Business

P

Living Space Type Units:
Dwelling, Single - Family
Dwelling, Multifamily
Agricultural Type Uses:
Commercial Feed Yard
Commercial Hunting Areas as
Temporary Use

P

Agriculture Land Uses
Land Use

AG

Commercial Riding Arena/Rodeo

S

Commercial Stockyard
Limited Processing of Agricultural
Products

S

Equestrian Center

S

Equine Therapy Center

S

Hog or Poultry Farm
Large - Scale Meat Packaging or
Processing Operations
Nursery/Plant and Garden Center
(min. 1- acre property and including
outside display)

P

On - Site Sale of AG Products
allowed stands

P

– save as

Raising, Care and Keeping of Fur
Bearing Animals (e.g., mink farm)

-

Rendering Plant
Slaughterhouse
Stables

S

Stands for the purpose of displaying
and selling agricultural or farming
products that are grown or produced
on the premises on which the stand is
located

P

Structures required for the housing,
nurture, confinement or storage of
animals, crops or products that are
lawfully permitted or produced on the
property

P

Windmills (if exclusively
secondary/accessory to an AG use),
silos, tank houses, buildings or
shelters for farm equipment and
machinery, water wells, water
reservoirs and storage tanks

P

Agriculture Land Uses
Land Use

AG

Windfarm(s)
Non - Agricultural Type Uses:
Animal Care Service (i.e., large and
small including veterinary)

P

Communication Facilities and Towers

S

Public Park

P

Religious or Cultural Meeting Hall

P

Sexually Oriented Business
Public and Private Utility Structures or
Facilities Utility, Public or Private

S

Power Transmission Lines

P

[Ord. O- 03 - 2025 § 2 (Exh. A); Ord.

O- 40 - 2024 § 2 (Exh. A)].

EAGLE MOUNTAIN CITY
PLANNING COMMISSION MEETING
OCTOBER 27, 2026
TITLE:

ITEM TYPE:
FISCAL IMPACT:
APPLICANT:

PUBLIC HEARING / ACTION ITEM - An Ordinance of Eagle
Mountain City, Utah, Amending the Eagle Mountain Municipal Code
17.65.080 Greenhouse/Farm Products Home Business.
Development Code Amendment
N/A
City-initiated

CURRENT GENERAL PLAN DESIGNATION & ZONE
N/A
PUBLIC HEARING
Yes

ACREAGE
N/A

PREPARED BY
Steven Lehmitz, Planner

PRESENTED BY
Steven Lehmitz

RECOMMENDATION:
Staff recommends that the Planning Commission forward a positive recommendation to the City
Council concerning the proposed code amendment.
BACKGROUND:
During the September 1, 2026, City Council work session, the Council discussed home business
standards, and the regulation of greenhouse businesses that sell products to the public. The
discussion addressed expanding the existing provisions to allow the sale of additional farm products,
such as eggs and honey, while maintaining appropriate limits on customer visits, parking, employees,
and impacts on surrounding residential properties. The Council also discussed the need to ensure
compliance with applicable public health, food safety, and animal regulations.
Following the discussion, Staff was directed to prepare a proposed amendment to Eagle Mountain
Municipal Code Section 17.65.080 to clarify the types of products permitted for sale, and, to preserve
applicable operational safeguards. The proposed amendment would clarify that farm and floriculture
products sold under this provision must be produced on the property where the home business is
located and expressly identify floriculture products, including flowers and ornamental plants, as
permitted products when grown or propagated onsite.
ITEMS FOR CONSIDERATION:
The Planning Commission should consider the potential consequences associated with the proposed
code changes if approved. Ordinances pertaining to development code amendments, and processing
of the same, may be found in EMMC 17.05.120.
PLANNING COMMISSION ACTION/RECOMMENDATION:
N/A

ATTACHMENTS:
1. EMMC 17.65.080 Redlines

17.65.080 Greenhouse s and farm products .
The license official may approve a home business license for greenhouse
sales of products to the public if the property has sufficient acreage
accommodate the business
.

s and farm prod ucts with retail
and off - street parking to

A. Permitted Products and Activities. Greenhouse products and farm products may be grown, cultivated,
produced, and sold as part of a home business, subject to the requirements of this chapter. For purposes
of this section, “farm products” means agricultural or food products grown, raised, harvested, or produced
on the property where the home business is located. Farm products may include fruits, vegetables, herbs,
eggs, honey, and other agricultural products lawfully produced on the property. “Greenhouse
products”
means floricultural, horticultural, plant nurseries, and viticultural. “Floriculture products” means flowers,
ornamental plants, bedding plants, seedlings, and similar horticultural products grown or propagated on
the property.
B. On - Site Production Requirement. All greenhouse products and farm products sold under this section
shall be grown, raised, harvested, or produced on the same property where the home business is located.
The purchase or acquisition of products produced elsewhere for resale is prohibited under this section.
This restriction does not prohibit the use of materials or supplies reasonably necessary to grow, cultivate,
harvest, prepare, or package products produced on the property, provided those activities comp
applicable law.
C. Incidental Sales and Residential Compatibility. Sales authorized by this section shall remain subject to
the generally applicable home
- business standards in this chapter, including applicable limitations on
customer visits, traffic, parking, employees, signage, noise, and impacts on surrounding residential
properties. This section does not authorize a general retail store, wholesale distribution business, or other
commercial activity prohibited by this chapter.
D. Health, Animal, and Other Regulatory Requirements. The keeping of animals and the production,
preparation, storage, packaging, and sale of products shall comply with all applicable federal, state,
county, and city laws and regulations, including food safety, public health, animal welfare, animal control,
and zoning requirements. A home
- business license does not replace any separate permit, license, or
approval required by another governmental agency.
F. Prohibited Activities.
Animal slaughtering and processing is prohibited unless expressly allowed under
the Home Consumption and Homemade Food Act.

ly with