City Council Regular Meeting

MINUTES OF COUNCIL REGULAR MEETING OCTOBER 10, 2023 -1- THE WEST VALLEY CITY COUNCIL MET IN REGULAR ELECTRONIC SESSION ON TUESDAY, OCTOBER 10, 2023 AT 6:30 P.M. IN THE COUNCIL CHAMBERS, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR KAREN LANG. THE FOLLOWING MEMBERS WERE PRESENT: Karen Lang, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 (electronically) Scott Harmon, Councilmember District 2 William Whetstone, Councilmember District 3 Jake Fitisemanu, Councilmember District 4 (electronically) STAFF PRESENT ELECTRONICALLY: Steve Pastorik, CED Director Nichole Camac, City Recorder Eric Bunderson, City Attorney John Evans, Fire Chief Colleen Jacobs Police Chief (electronically) Jim Welch, Finance Director (electronically) Layne Morris, CPD Director Dan Johnson, Public Works Director Jason Erekson, Acting Parks and Recreation Director John Flores, HR Director Sam Johnson, Strategic Communications Director Ken Cushing, IT (electronically) OPENING CEREMONY- COUNCILMEMBER SCOTT HARMON Councilmember Scott Harmon asked members of the Council, staff, and audience to rise and recite the Pledge of Allegiance. APPROVAL OF MINUTES OF REGULAR MEETING HELD OCTOBER 3, 2023 The Council considered the Minutes of the Regular Meeting held October 3, 2023. There were no changes, corrections or deletions. Councilmember Nordfelt moved to approve the Minutes of the Regular Meeting held October 3, 2023. Councilmember Christensen seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 10, 2023 -2- A voice vote was taken and all members voted in favor of the motion. COMMENT PERIOD A. PUBLIC COMMENTS Beth Boyer expressed concern regarding her neighbors’ trees that have caused damage to her property. She indicated that Code Enforcement has stated that they cannot enforce violations relating to trees. Ms. Boyer detailed her history with the neighbor and management company and expressed frustration for being unable to get a resolution. Michael Dye stated that he is in opposition to an upcoming application, GPZ-5- 2023. He indicated that the additional housing and proposed amenities are not wanted by the residents who live in the area. Mr. Dye indicated that he believes the development will bring an increase in crime, traffic, accidents, on-street parking, and a decrease in privacy. B. CITY MANAGER COMMENTS Steve Pastorik, Community Development Director, 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 GPZ-7-2023, FILED BY CHRISTOPHER CLIFFORD, REQUESTING A GENERAL PLAN CHANGE FROM MIXED USE AND LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) TO SMALL LOT RESIDENTIAL (4 TO 7 UNITES/ACRE) AND A ZONE CHANGE FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) FOR PROPERTY LOCATED AT 5143 WEST 3500 SOUTH Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled October 10, 2023, in order for the City Council to hear and consider public comments regarding Application GPZ-7-2023, Filed by Christopher Clifford, Requesting a General Plan Change from Mixed Use and Large Lot Residential (2 to 3 units/acre) to Small Lot Residential (4 to 7 unites/acre) and a Zone Change from A (Agriculture, Minimum Lot Size 1/2 acre) to RM (Multiple Unit Dwelling Residential) for Property Located at 5143 West 3500 South. Written documentation previously provided to the City Council included information as follows: MINUTES OF COUNCIL REGULAR MEETING OCTOBER 10, 2023 -3- Chris Clifford with Matrix Capital Advisors, LC has submitted a General Plan/zone change application (GPZ-7-2023) on 4.34 acres to change the zoning from A (Agriculture, minimum lot size ½ acre) to RM (Multiple Unit Dwelling Residential) and to change t5he General Plan from Mixed Use and Large Lot Residential (2 to 3 units per acre) to Small Lot Residential (4 to 7 units per acre). The Planning Commission recommended approval of the General Plan/zone change subject to a development agreement. Below is a summary of the standards in the development agreement:  The number of homes is capped at 21.  The minimum square footage of finished, above‐ground, habitable floor space for homes is at least 1,650 square feet for single story ramblers and 2,400 square feet for two story dwellings.  At least 20% of building exteriors will be brick or stone.  All homes will be ENERGY STAR certified.  A list of interior features for homes is included.  A list of amenities is included. Mayor Lang opened the Public Hearing. Chris Clifford, the applicant, stated that this application differs from the previous proposal he submitted to the Council last year. He indicated that the project is less dense and public roads have been added. Mr. Clifford detailed the proposed application and noted that he believes this development will conform well with the existing neighborhood. Mayor Lang closed the Public Hearing. ACTION: ORDINANCE NO. 23-37, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM MIXED USE AND LARGE LOT RESIDENTIAL (2 TO 3 UNITS/ACRE) TO SMALL LOT RESIDENTIAL (4 TO 7 UNITES/ACRE) FOR PROPERTY LOCATED AT 5143 WEST 3500 SOUTH The City Council previously held a public hearing regarding proposed Ordinance 23-37 that would amend the General Plan to Show a Change of Land Use from Mixed Use and Large Lot Residential (2 to 3 units/acre) to Small Lot Residential (4 to 7 unites/acre) for Property Located at 5143 West 3500 South. Councilmember Whetstone asked if a road would need to go through to 3500 South MINUTES OF COUNCIL REGULAR MEETING OCTOBER 10, 2023 -4- regardless of the design of the subdivision. Steve replied that the existing stub street would either need to be terminated in a cul-de-sac or extended through to 5600 West. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Christensen moved to approve Ordinance 23-37. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang No Majority. ACTION: ORDINANCE NO. 23-38, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 5143 WEST 3500 SOUTH FROM A (AGRICULTURE, MINIMUM LOT SIZE 1/2 ACRE) TO RM (MULTIPLE UNIT DWELLING RESIDENTIAL) The City Council previously held a public hearing regarding proposed Ordinance 23-38 that would amend the Zoning Map to Show a Change of Zone For Property Located at 5143 West 3500 South from A (Agriculture, Minimum Lot Size 1/2 acre) to RM (Multiple Unit Dwelling Residential). Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Nordfelt moved to approve Ordinance 23-38. Councilmember Fitisemanu seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes MINUTES OF COUNCIL REGULAR MEETING OCTOBER 10, 2023 -5- Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. ACTION: RESOLUTION NO. 23-142, AUTHORIZE THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MATRIX CAPITAL ADVISORS, LC FOR APPROXIMATELY 4.34 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 5143 WEST 3500 SOUTH Wayne Pyle, City Manager, discussed proposed Resolution 23-142 that would authorize the City to Enter Into a Development Agreement with Matrix Capital Advisors, LC for Approximately 4.34 Acres of Property Located at Approximately 5143 West 3500 South. Written documentation previously provided to the City Council included information as follows: The applicant is proposing to demolish the existing home and develop a 21- unit planned unit development (PUD) of twin homes and one single unit dwelling. The proposed density is 4.8 units/acre. The streets would be public and utilize the 44’ right-of-way allowed in Section 7-13-705 for planned unit developments (PUDs) with attached units. Last year, Mr. Clifford submitted a General Plan/zone change application on the same three parcels along with an additional parcel to the south. The General Plan request was the same (Small Lot Residential); however, the zoning requested was RS (Residential Sustainability). The Planning Commission recommended approval of the previous application on 2/9/2022; however, the City Council denied the application on 4/12/2022. One of the objections to the application was the use of private streets. A copy of the City Council meeting minutes from 4/12/2022 is included with this report. The City Council later prohibited the use of private streets by passing Ordinance 22-29 on 7/27/2022. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Nordfelt moved to approve Resolution 23-142. Councilmember Whetstone seconded the motion.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 10, 2023 -6- A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. UNFINISHED BUSINESS A. ACCEPT PUBLIC INPUT REGARDING APPLICATION GPZ-8-2023, FILED BY LIEU TRAN, REQUESTING A GENERAL PLAN CHANGE FROM PARKS AND OPEN SPACE EXISTING TO LIGHT MANUFACTURING AND A ZONE CHANGE FROM A-1 (AGRICULTURE, MINIMUM LOT SIZE 1 ACRE) TO M (MANUFACTURING) FOR PROPERTY LOCATED AT 7007 WEST APALOOSA DRIVE Mayor Lang informed a public hearing had been advertised for the Regular Council Meeting scheduled October 3, 2023, in order for the City Council to hear and consider Application GPZ-8-2023, Filed by Lieu Tran, Requesting a General Plan Change from Parks and Open Space Existing to Light Manufacturing and a Zone Change from A-1 (Agriculture, Minimum Lot Size 1 acre) to M (Manufacturing) for Property Located at 7007 West Apaloosa Drive Written documentation previously provided to the City Council included information as follows: The intended development for this property is a mix of 35,000 square feet of self-storage space, 30,000 square feet of flex space, and 4,000 square feet of office. Access would be gained primarily from Beagley Road by crossing the Riter Canal. Apaloosa Drive would provide secondary access. The following list of current conditions may warrant consideration of M zoning on the subject property:  The Northwest Economic Development Area (EDA), which was created in 2012, includes the subject property. The Northwest EDA covers approximately 1,000 acres in the northwest part of the City and makes available incentives for commercial MINUTES OF COUNCIL REGULAR MEETING OCTOBER 10, 2023 -7- development.  The Magna Water property to the south and east includes wells and a water treatment facility. These uses will likely remain in perpetuity with no chance of having connecting roads to the subject parcel.  The Western Mobile Estates mobile home park to the west has only one access, Apaloosa Drive, to 7200 West. Given that there are already 144 mobile homes with only one access, additional homes on the subject parcel would not be allowed without another access.  There are large, distribution warehouses that are part of the ARA Industrial Park on the north side of Beagley Road. Mayor Lang noted that a public meeting was opened and closed on October 10, 2023. ACTION: ORDINANCE NO. 23-35, AMEND THE GENERAL PLAN TO SHOW A CHANGE OF LAND USE FROM PARKS AND OPEN SPACE EXISTING TO LIGHT MANUFACTURING FOR PROPERTY LOCATED AT 7007 WEST APALOOSA DRIVE The City Council previously held a public hearing regarding proposed Ordinance 23-35 that would amend the General Plan to Show a Change of Land Use from Parks and Open Space Existing to Light Manufacturing for Property Located at 7007 West Apaloosa Drive. Steve Pastorik, CED Director, indicated that the applicant has requested a 2 week continuance in order to coordinate with Magna Water on the proposed project. Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to continue Ordinance 23-35 to October 24, 2023. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 10, 2023 -8- Councilman Nordfelt Yes Mayor Lang Yes Unanimous. Continued. ACTION: ORDINANCE NO. 23-36, AMEND THE ZONING MAP TO SHOW A CHANGE OF ZONE FOR PROPERTY LOCATED AT 7007 WEST APALOOSA DRIVE FROM A-1 (AGRICULTURE, MINIMUM LOT SIZE 1 ACRE) TO M (MANUFACTURING) The City Council previously held a public hearing regarding proposed Ordinance 23-36 that would amend the Zoning Map to Show a Change of Zone for Property Located at 7007 West Apaloosa Drive from A-1 (Agriculture, Minimum Lot Size 1 acre) to M (Manufacturing). Upon inquiry by Mayor Lang there were no further questions from members of the City Council, and she called for a motion. Councilmember Harmon moved to continue Ordinance 23-36 to October 26, 2023. Councilmember Nordfelt seconded the motion. A roll call vote was taken: Councilman Fitisemanu Yes Councilman Whetstone Yes Councilman Harmon Yes Councilman Huynh Yes Councilman Christensen Yes Councilman Nordfelt Yes Mayor Lang Yes Unanimous. Continued. MOTION TO ADJOURN Upon motion by Councilmember Harmon all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE REGULAR MEETING OF TUESDAY, OCTOBER 10, 2023 WAS ADJOURNED AT 6:53 P.M. BY MAYOR LANG.  MINUTES OF COUNCIL REGULAR MEETING OCTOBER 10, 2023 -9- 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 10, 2023. _______________________________ Nichole Camac, CMC City Recorder