City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 20, 2020 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, OCTOBER 20, 2020, AT 6:30 P.M. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE MEETING WAS HELD ELECTRONICALLY. THE FOLLOWING MEMBERS WERE PRESENT ELECTRONICALLY: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manager Nichole Camac, City Recorder Paul Isaac, Assistant City Manager/ HR Director Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Don Groo, Acting Finance Director Colleen Jacobs, Police Chief John Evans, Fire Chief Russell Willardson, Public Works Director Layne Morris, CPD Director Nancy Day, Parks and Recreation Director Sam Johnson, Strategic Communications Director Steve Pastorik, CED INSIDE THE POLICE DEPARTMENT VIDEO SERIES A video providing information about the Police Department was displayed. APPROVAL OF MINUTES OF REGULAR MEETING HELD OCTOBER 13, 2020 The Council considered the Minutes of the Regular Meeting held October 13, 2020. There were no changes, corrections or deletions. Councilmember Fitisemanu moved to approve the Minutes of the Regular Meeting held October 13, 2020. Councilmember Nordfelt seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 20, 2020 -2- A voice vote was taken and all members voted in favor of the motion. AWARDS, CEREMONIES, AND PROCLAMATIONS A. PROCLAMATION RECOGNIZING THE MONTH OF OCTOBER 2020 AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH A Proclamation Recognizing the Month of October 2020 as National Domestic Violence Awareness Month. COMMENT PERIOD A. PUBLIC COMMENTS Jim Vesock stated that he is in favor of an increase to the Storm Water Utility fees. He stated that the infrastructure has to get fixed and the money must come from somewhere. Deborah Gatrell stated she is running for County Council in District 2. She indicated that she is a teacher at Hunter High and has a long history in military. Ms. Gatrell stated that she wants to be involved and help the community in the best way and with her extensive training she feels she is a good candidate. B. CITY MANAGER COMMENTS Wayne Pyle, City Manager, had no comments. C. CITY COUNCIL COMMENTS Upon inquiry, members of the City Council had no comments. PUBLIC HEARINGS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION Z-6-2020, FILED BY DR HORTON, REQUESTING A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL), R-1-10 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 10,000 SQUARE FEET) AND C-2 (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT 4600 SOUTH 5600 WEST Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled October 20, 2020, in order for the City Council to hear and consider public comments regarding Application Z-6-2020, filed by DR Horton, requesting a Zone Change from A (Agriculture, Minimum Lot Size 1/2 Acre) to RM (Multiple Unit Dwelling Residential), R-1-10 (Single Unit Dwelling Residential, Minimum Lot Size 10,000 Square Feet) and C-2 (General Commercial) for property located at 4600 South 5600 West. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 20, 2020 -3- The applicant’s concept plan includes a 98-unit, 2 story townhome development on 8.2 acres, a 4-lot subdivision for single unit dwellings on 1.7 acres and a 1.1 acre commercial pad in the southeast corner. The density of the townhome portion of the project is 12 units/acre. For parking, the townhome portion shows 4 stalls/unit (2-car garage plus 2 spaces in the driveway) plus 16 visitor spaces. Included with this issue paper are several emails received by staff from neighboring residents, the property owners and other interested parties. Mayor Bigelow opened the Public Hearing. Pamela Bryson stated that she wants to be involved in the process and not complain later. She stated that new development effects the worth, enjoyment, and safety of those around them. Ms. Bryson stated that ideally, she would like to see a park or green space at this location but understands that may not be possible. She indicated that she would expect to maintain single family housing with either the same or larger lot sizes. Ms. Bryson asked that the Council consider the RE zone and not the current proposal. She stated that the neighborhood would not want to see any type of commercial. She stated that these units may look good on paper but will feel much smaller and more dense once construction. Ms. Bryson indicated that she is concerned about a lack of buffer zone to the existing neighborhood. She added that she feels the applicant doesn’t care about the existing residents and indicated that enforcement of lot allowing storage in garage is impossible. She expressed concern about parking and overflow into existing areas. Ms. Bryson stated that basements are needed to increase longevity. She also expressed concern about right-of-way, decreased water pressure, and fire access in emergencies. Kirsi Driscoll stated that she agrees with the previous comments. She indicated that she is concerned about additional traffic. She noted that there would be an increase in crime so more police officers would need to be hired to mitigate. She stated that this area needs more green space and larger, less dense housing. Andres Gonzalez stated that he recently moved into this area. He stated his backyard is immediately adjacent to this property. Mr. Gonzalez stated that the City informed the appraiser that there were no current plans on the proposed property and that quickly changed. He stated one of the selling points for purchasing his home was the privacy. He indicated that he understands vacant lots will be development but noted that he would want to see this developed as more residential. Mr. Gonzalez stated that commercial or RM units would be very disturbing and encouraged the Council to be careful of what they approve. He noted he already has low water pressure in the house. MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 20, 2020 -4- Ken Johnson stated that he agrees with the residents that have spoken before him. He stated that he has seen 5600 West expand to a 4-lane road and has seen the addition of homes and businesses. He indicated that he understands development will happen and he doesn’t blame the property owners for wanting to sell their land for development. He indicated that to go from A to Commercial and RM zoning is too great a change for the area. Mr. Johnson stated that density is a problem in this proposal as well as parking, traffic, and the proximity of the train tracks. Jim Vesock stated that Ms. Bryson did a great job in summarizing her concerns. He stated that normally the City needs an increase in housing, but this is the wrong place, wrong space, and wrong area. He encouraged the Council to do the right thing and deny this application. David Lewis, the applicant, thanked the Council and the residents. He stated that he understands there is a difference of opinion but he does care about the community and surrounding residents. He noted that he will honor the 20 foot setback proposed. Mr. Lewis stated that he is excited about this project. He indicated that the Fire Chief has reviewed and approved this proposal for safety. He indicated that open space in the project is designed for safety and policing. He indicated the concept is open and should provide a deterrent for criminals. Mr. Lewis stated that the single-family homes were added for consideration to the neighbors and to create a better flow. He indicated the project will have a professional HOA management team and he is confident this will be a good development. Mr. Lewis stated that he is requesting a chain-link fence next to the railroad tracks. He indicated that there is a slope and so there is a visibility constraint. Mr. Lewis stated that people in their homes won’t be able to see what is happening on the other side of a masonry wall (whether it be a child in danger, graffiti, etc.) and this is a cause for concern. He added that a masonry wall will prohibit the view of the City which is an important selling point for the units. Mayor Bigelow clarified the angle of the slope. Mayor Bigelow closed the Public Hearing. ACTION: ORDINANCE NO. 20-45, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 4600 SOUTH 5600 WEST FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL), R-1-10 (SINGLE UNIT DWELLING RESIDENTIAL, MINIMUM LOT SIZE 10,000 SQUARE FEET) AND C-2 (GENERAL COMMERCIAL) The City Council previously held a public hearing regarding proposed Ordinance 20-45 that would amend the zoning map to show a change of Zone for property located at 4600 South 5600 West from A (Agriculture, Minimum Lot Size 1/2 Acre) MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 20, 2020 -5- to RM (Multiple Unit Dwelling Residential), R-1-10 (Single Unit Dwelling Residential, Minimum Lot Size 10,000 Square Feet) and C-2 (General Commercial). Councilmember Buhler stated that the City does not own and cannot develop the property. He stated that this is not something that the City can come in and develop as a park. He indicated that this is a developable lot and the only reason this is before the Council is because the applicant is requesting a change in zone. Councilmember Buhler stated that any time someone asks a change of the Council, he likes for the project to be something unique and special. He indicated that he doesn’t see that in this proposal and therefore isn’t as motivated to change his opinion on how this property should be developed. Mayor Bigelow agreed. Councilmember Lang also agreed and indicated that the RE zone was created for a property such as this. She indicated that commercial and RM uses are not right for this property. Councilmember Fitisemanu agreed. He stated that he talked to some people in the area and the comments heard from the residents tonight seem to reflect the majority of those in the area. He indicated that this isn’t a bad proposal but isn’t a special enough proposal to grant a change to the zone. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Nordfelt moved to deny Ordinance 20-45. Councilmember Huynh seconded the motion. Mayor Bigelow stated that the responsibility of the Council is to the overall wellbeing of the City. He indicated that sometimes the Council disagrees with the neighbors but in this case it seems that some of the proposed issues are valid and significant. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. Denied. MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 20, 2020 -6- ACTION: RESOLUTION NO. 20-165, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ROBERT J DEFA, RICHARD L. DEFA, AND ROBYN R. DEFA FOR PROPERTY LOCATED AT APPROXIMATELY 4600 SOUTH 5600 WEST Mayor Bigelow discussed proposed Resolution 20-165 that would authorize the City to enter into a Development Agreement with Robert J Defa, Richard L. Defa, and Robyn R. Defa for property located at approximately 4600 South 5600 West. Written documentation previously provided to the City Council included information as follows: David Lewis with DR Horton, Inc. has submitted a zone change application (Z-6-2020) on 11 acres to change the zoning from A (agriculture, minimum lot size ½ acre) to RM (multiple unit dwelling residential), R-1-10 (single unit dwelling residential, minimum lot size 10,000 square feet) and C-2 (general commercial). The Defas are the current landowners. The Planning Commission recommended approval of the zone change subject to a development agreement. The proposed development agreement addresses the maximum number of units, mnimum unit sizes, architecture, amenities, parking, fencing and setbacks. There are two options of the development agreement for the Council to consider. Option 1 requires a masonry wall to be constructed along the railroad. This is what the Planning Commission recommended. Option 2 requires a chain link fence to be constructed along the railroad. This is what the applicant requested. All other standards in the two options are the same. Upon inquiry by Mayor Bigelow there were no further questions from members of the City Council, and he called for a motion. Councilmember Christensen moved to deny Resolution 20-165. Councilmember Lang seconded the motion. A roll call vote was taken: Mr. Fitisemanu Yes Ms. Lang Yes Mr. Buhler Yes  MINUTES OF COUNCIL REGULAR MEETING – OCTOBER 20, 2020 -7- Mr. Huynh Yes Mr. Christensen Yes Mr. Nordfelt Yes Mayor Bigelow Yes Unanimous. Denied. MOTION TO ADJOURN Upon motion by Councilmember Lang all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, OCTOBER 20, 2020 WAS ADJOURNED AT 7:45 P.M. BY MAYOR BIGELOW. I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Regular Meeting of the West Valley City Council held Tuesday, October 20, 2020. _______________________________ Nichole Camac, CMC City Recorder