Planning Commission Meeting

WEST VALLEY CITY PLANNING COMMISSION MINUTES June 8, 2011 The meeting was called to order at 4:03 p.m. by Vice- Chairman Phil Conder at 3600 Constitution Boulevard, West Valley City, Utah WEST VALLEY CITY PLANNING COMMISSION MEMBERS Jack Matheson, Phil Conder, Joe Garcia, and Barbara Thomas ABSENT: Harold Woodruff, Brent Fuller, Terri Mills, and Imaan Bilic WEST VALLEY CITY PLANNING DIVISION STAFF Jody Knapp, Ron Weibel, and Nichole Camac WEST VALLEY ADMINISTRATIVE STAFF: Claire Gillmor, Assistant City Attorney AUDIENCE Approximately eleven (11) people were in the audience West Valley City Planning Commission June 8, 2011 Page 2 ZONE TEXT CHANGE APPLICATION ZT-1-2011 West Valley City This is a proposed amendment to Sections 7-6-305(6)a, 7-6-406, 7-6-508, 7-6-808(3) of the West Valley City Municipal Code. The application was continued from the May 25th, 2011 hearing to allow staff more time to review the amendment. On September 8, 2010, application ZT-13-2010 was reviewed by the Planning Commission. That amendment modified the minimum setback required between a single family home and an accessory building. The setback was reduced from 6’ to 3’ so it was in accordance with the fire separation standards in the Building Code. Since that time, there have been some concerns about how that setback should be measured. Therefore, staff is proposing the following language to clarify that and maintain the integrity of the setbacks for a single family home: “Accessory buildings may be located in the rear yard to within one foot of the side and rear property lines, provided that no portion of the accessory building be built closer than three feet (3’) to any portion of the primary building.” Staff Alternatives: 1. Approval of the Ordinance Text Change, subject to the resolution of any issues raised at the public hearing. 2. Continuance, to provide more time for staff to further refine the Ordinance or for the resolution of any issues raised at the public hearing. 3. Denial, as the current ordinance is adequate. Applicant: West Valley City Discussion: Jody Knapp presented the application. The Planning Commission had nothing further to add. There being no further discussion regarding this application, Vice-Chairman Conder called for a motion. Motion: Commissioner Thomas moved for denial. Commissioner Garcia seconded the motion. Roll call vote: Commissioner Garcia Yes Commissioner Matheson Yes West Valley City Planning Commission June 8, 2011 Page 3 Commissioner Thomas Yes Vice-Chairman Conder Yes Unanimous – ZT-1-2011 – Denied CONDITIONAL USE APPLICATIONS C-13-2011 Token Tyme Smoke Shop 2101 West 3500 South C-2 Zone (.65 Acres) The applicant, Mountazar Altalibi, is requesting a conditional use amendment for a smoke shop/convenience store in an existing retail shopping center at 2101 West 3500 South. The zoning for this area is C-2, General Commercial. The West Valley City General Plan anticipates General Commercial uses for this area. The surrounding zones are C-2 and A. The surrounding uses are retail to the north and east and residential to the south. The applicant currently operates a small (approximately 600 square foot) tobacco shop in an existing retail center. The application was originally reviewed as a retail use due to the limited items being sold (tobacco and tobacco accessories), which is a permitted use in a C-2 zone. However, now due to the mixture of products being sold (tobacco and accessories, chips, soda, juice, etc.) the use is considered more of a convenience store, which is a conditional use, per the following definition: (52)"Convenience Store" means any building which contains less than 5,000 square feet of net floor area and which is generally used for the retail sale of prepackaged food, produce and/or other non‐food commodities. The signage for this use consists of several wall signs. Our records indicate that a permit has not been submitted for these signs. Staff recommends that a permit be obtained and the signs shall not occupy more than 10% of the front building face per the West Valley City Sign Ordinance Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following conditions: 1. All signage shall meet the requirements set forth in the West Valley City Sign Ordinance and a permit shall be obtained for all wall signs. 2. This use is subject to review upon a valid complaint. Applicant: Mountazar Altalibi 2101 W 3500 S West Valley City Planning Commission June 8, 2011 Page 4 Discussion: Jody Knapp presented the application. Jack Matheson asked if beer will be sold in addition to soda pop. Jody replied that the applicant is not proposing this. Commissioner Matheson asked if people are able to smoke inside the store. Jody replied no and explained that smoking is illegal inside commercial properties due to the Utah Clean Air Act. Mountazar Altalibi, the applicant, stated that hookah does not fall under the Clean Air Act so the adjoining hookah business does allow the smoking of hookah inside. Joe Garcia asked if the two businesses are connected inside. Mr. Altalibi replied yes and indicated that there is a curtain that separates them. Commissioner Garcia asked what hookah is. Mr. Altalibi explained that it is a heated and flavored tobacco that burns in the lungs at a much decreased level. Commissioner Matheson expressed concern regarding approval of this application without a proper sign permit. There being no further discussion regarding this application, Vice-Chairman Conder called for a motion. Motion: Commissioner Thomas moved for approval subject to the 2 staff conditions, modifying condition number one to read: All signage shall meet the requirements set forth in the West Valley City Sign Ordinance and a permit shall be obtained for all wall signs within 30 days. Commissioner Garcia seconded the motion. Roll call vote: Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Thomas Yes Vice-Chairman Conder Yes Unanimous – C-13-2011 – Approved C-14-2011 Auction Price Auto Sales 1433 West 3500 South M Zone (.42 Acres) The applicant, Kent Hatch, is requesting a conditional use amendment for a used car sales lot at 1433 West 3500 South. The zoning for this area is M, Manufacturing. The West Valley City General Plan anticipates Mixed Use for this area. The surrounding zones are M to the south, east and west and C2 to the north. The surrounding uses include Plaza Cycles to the east, a retail center to the north, Dura Crete to the west and office warehouse to the south. This site was recently re-configured when 1400 West was realigned and moved to the west side of this building. This parcel is under the same ownership as the adjacent business, Plaza Cycles, and they utilize the southern portion of this building for their business. The car sales office will be located in the northern portion of the existing building on site. The building location is non-conforming due to this widening and the old 1400 West is now utilized for parking. The applicant is not proposing any changes to the building. West Valley City Planning Commission June 8, 2011 Page 5 Mr. Hatch is proposing to open a used car sales business and would sell no more than 6 cars at any one time. The display area for the vehicles will be on the north side of the lot. There will be two employees for this business and they will utilize the rear fenced in area for parking. The remaining spaces in front of the office, as well as the parking on the old 1400 West, provide sufficient parking for customers. Auto repair is not conducted at this location and the building shall not be used for this type of service at any time. Some minor detailing may occasionally be performed on site but it will not include any type of car washing service. The landscaping on site is existing and there is a 20’ wide grassy area along the entire frontage. The area is in need of some minor maintenance and staff recommends that trees be planted in this area in accordance with the Standards for Landscaping along High Image Arterials. The applicant is not proposing any signage at this time. If signage is added in the future it shall be in compliance with the West Valley City Sign Code. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following conditions: 1. There shall be no auto repair or auto service related uses conducted on site. 2. Any future signage shall meet the standards set forth in the West Valley City Sign Ordinance. 3. The front landscaped area shall be maintained and 4 trees shall be planted in this area in accordance with the Standards for Landscaping along High Image Arterials. 4. Vehicles for sale shall maintain a 20’ setback from all property lines and there shall be at least 5 customer parking spaces available at all times. 5. All requirements of affected departments and agencies must be met. 6. This use is subject to review upon a valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Kent Hatch 1433 W 3500 S Discussion: Jody Knapp presented the application. Jack Matheson asked where employees will park and Jody indicated this on the map. She added that there must be 5 spaces for customers at any one time. Commissioner Matheson asked if there is still West Valley City Planning Commission June 8, 2011 Page 6 access to 3500 S from the old road. Kent Hatch, the applicant, replied that there is a curb and gutter so this cannot be accessed anymore. Joe Garcia asked if there is currently signage up. Mr. Hatch replied that he was unaware of this process so he did put a sign on the building. He added that he will ensure he meets all qualifications required in the ordinance. There being no further discussion regarding this application, Vice-Chairman Conder called for a motion. Motion: Commissioner Matheson moved for approval subject to the 6 staff conditions. Commissioner Thomas seconded the motion. Roll call vote: Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Thomas Yes Vice-Chairman Conder Yes Unanimous – C-14-2011 – Approved C-15-2011 C.R. England Parking Lot 4609 West 2100 South M Zone 3 Acres C. R. England Trucking is requesting conditional use approval for a new employee parking lot at 4609 W. 2100 S. The property is zoned M (manufacturing) and is in an area designated by the West Valley City General Plan as light manufacturing. The adjacent properties are all zoned M. A parking lot is a permitted use in a manufacturing zone. However, because a trucking company is a conditional use in a manufacturing zone this parking lot has to be processed as an amendment to the conditional use. The new employee lot is being built in part to address security issues as there have been problems with the security of the driver’s vehicles that are parked over a longer period of time. The parking lot will have 342 parking stalls and will cover approximately three acres. The parking lot will be set back from 2100 South over 1200 feet and will have no frontage on a public street. There will be a six (6) foot high chain link fence surrounding the new parking lot. Staff Alternatives: • Approval, subject to the resolution of any issues raised at the public hearing and the following conditions: West Valley City Planning Commission June 8, 2011 Page 7 1. All requirements of any affected department or agency must be met. 2. Perimeter landscaping on the east and west ends must be installed and permanently maintained as per plans submitted. • Continuance, to allow for the resolution of any issues raised at the public hearing. Applicant: Applicant (Architect): William Olpin Steve Warr 4701 W 2100 S 727 W Alan Pt Dr. Discussion: Ron Weibel presented the application. Jack Matheson asked why landscaping is being required on the east and west side of the parking lot. Ron replied that the ordinance requires landscaping on the interior of the parking lot but because of the size this would restrict access. The Planning Commission has the ability to waive this requirement. Ron added that the applicant will exceed the minimum requirements for landscaping. Phil Conder asked how visible this will be from the golf course. William Olpin, representing the applicant, stated that there is a 10 foot high berm along the eastern edge of the parking lot that prevents any visibility from the golf course. He added that lighting may be visible at night but the golf course isn’t open at night. Phil Conder asked if there will be a fence. Mr. Olpin replied that there will be a chain link fence with barbed wire. Barbara Thomas asked if the parking lot will be used for long term drivers. Mr. Olpin replied yes and stated that employees may be on the road for 6 months up to a year and this parking lot will provide safe parking for their stationary vehicles. Joe Garcia asked what material the parking lot will be constructed of. Mr. Olpin replied asphalt. Commissioner Garcia asked if there is anything in the staff report that deals with drainage on the site. Ron replied that Public Works has the grading and drainage plans and will ensure everything is properly handled. There being no further discussion regarding this application, Vice-Chairman Conder called for a motion. Motion: Commissioner Thomas moved for approval subject to the 2 staff conditions. Commissioner Matheson seconded the motion. Roll call vote: Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Thomas Yes Vice-Chairman Conder Yes Unanimous – C-15-2011 – Approved West Valley City Planning Commission June 8, 2011 Page 8 C-16-2011 Mr. Money (Mike Eames) 4371 West 3500 South C-2 Zone (.4 Acres) The applicant, Mike Eames, is requesting a conditional use permit for a payday loan business. The zoning for this area is C-2, General Commercial. The West Valley City General Plan anticipates Mixed Use development for this area. The surrounding zone is C-2. The surrounding uses include a gas station to the north and west, a single family home to the east, and a parking lot to the south. The applicant has indicated that the service provided by Mr. Money is a payday loan business, or a Deferred Deposit Loan service, per the following definition in the West Valley Code: “Deferred Deposit Loan” means a transaction where: a. a person presents to a check cashing business a check written on that person’s account; and b. the check cashing business: i. provides the maker an amount of money that is equal to the face value of the check less any fee or interest charged for the transaction; and ii. agrees not to cash the check until a specific date. This type of service is also regulated under the Check Cashing provisions set forth in Title 7, which includes the following cap on the number of licenses issued: “Check Cashing” means cashing a check for consideration or extending a Deferred Deposit Loan and shall include any other similar types of businesses licensed by the State pursuant to the Check Cashing Registration Act. No check cashing or deferred deposit loan business shall be located within 600 feet of any other check cashing business. Distance requirements defined in this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the entry door of each business. One check cashing or deferred deposit loan business shall be allowed for every 10,000 citizens living in West Valley City. The term Check Cashing shall not include fully automated stand alone services located inside of an existing building, so long as the automated service incorporates no signage in the windows or outside of the building. West Valley City is currently over the cap, and can not issue any new licenses for a check cashing business. However, someone may assume an existing license and/or relocate and existing check cashing business, which is what Mr. Money is proposing to do with this application. They will be taking over the license from Cash Advance West Valley at 1607 West 3500 South, closing that location, and opening a new facility at this location (4371 W. 3500 S.). Mr. Money only provides a payday loan service. They do not do check cashing, pawn or car title loans. Therefore, no outside storage will be required for this use. West Valley City Planning Commission June 8, 2011 Page 9 The site was previously occupied by Enterprise Car Rental (C-3-98). The building on site is approximately 1300 square feet, which requires 5 parking spaces. There is a large surfaced area on the south side of the building with approximately 28 parking spaces to accommodate the use on site. There are also some parking spaces striped along the east side of the building within the drive aisle. These spaces have been a problem for the adjacent residential home and obstruct the fire lane for this site. Those spaces must be removed and posted with “No Parking Fire Lane” signs per the West Valley City Fire Department. The 2 spaces along the north side of the building were approved with the previous application (C-3-98) and may remain. The landscaping on site is located along the north side of the building. Currently the area is unmaintained mulch and does not include any live plant material. Staff recommends that this area be planted with at least 50% live plant material. There is an existing base for a monument sign located within the planter area and the applicant is currently working with a sign contractor to see if that can be reused. The base is located within the future right-of-way so a delay agreement would need to be reviewed by the City Council if it is to remain or the sign can be relocated out of this future right-of-way. Therefore, the exact signage and location has not been determined at this time, but a permit will be required for any new signage and it must comply with all of the standards of the West Valley City Sign Ordinance. Currently, there is not a dumpster located on site. If the applicant wishes to locate one here in the future, a 6’ masonry enclosure must be constructed for this dumpster and it must be located at least 20’ away from the residential property. Exterior lighting is also currently not provided on site. If lighting is to be added a lighting plan shall be submitted and the design shall comply with the lighting standards in Title 7 and shall not impact the adjacent residential uses. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing, as well as the following conditions: 1. The license for Cash Advance West Valley at 1607 West 3500 South shall be terminated prior to the issuance of a license for Mr. Money at 4371 West 3500 South. 2. This use shall be for payday loans only and shall not include check cashing, pawn or car title loans. 3. There is to be no outside storage or merchandise display for this use. 4. The parking along the east side of the property shall be removed and the area shall be posted with “No Parking Fire Lane” signs per the West Valley City Fire Department. 5. The planter area along the north side of the building shall be maintained and planted with at least 50% live plant material. 6. Signage must comply with the West Valley Sign Ordinance. West Valley City Planning Commission June 8, 2011 Page 10 7. A 6’ tall masonry enclosure must be provided if a dumpster is located on site. This enclosure must be located at least 20’ from any residential property boundary. 8. If lighting is installed, a lighting plan that complies with Title 7 must be submitted and approved by Planning and Zoning and the adjacent residential uses shall not be negatively impacted. Continuance, to allow for the resolutions of any issues raised at the public hearing or to allow for revised building elevations to be submitted. Applicant: Neutral: Neutral: Neutral: Mike Eames Kenneth Meadows Kevin Meadows Kyle Meadows 4371 W 3500 S 7103 Bello Ave 521 Water Wheel Ln 1895 S 2870 E Discussion: Jody Knapp presented the application. Joe Garcia asked how far the sign is set back. Jody replied 6 feet and stated that this meets the requirements. Jack Matheson commented that there is not a lot of room for landscaping and asked if the applicant will be able to meet requirements. Jody replied that the applicant does not meet the $50,000 threshold for staff or the Planning Commission to require anything more than what was approved on the site plan in 1998. Phil Conder stated that the letter received from the neighbor expressed concern regarding loitering, littering, and nuisance. Jody replied that with this just being payday loans, a lot of these concerns are diminished. Mike Eames, the applicant, stated that the hours of operation are Monday through Friday from 9 am to 6 pm, Saturday from 9 am to 3 pm, and closed Sunday’s. He stated that there will be no signs located on the east or west sides of the building, just one on the north side of the building. He indicated that the existing monument sign will be removed and a new one will be constructed. Mr. Eames stated that he has been with this company for 13 years and he believes it to be very respectful and well maintained. Commissioner Matheson asked how many times loans are allowed to roll over. Mr. Eames replied that this is regulated by the State and cannot be more than 10 weeks including the original term. Commissioner Matheson stated that these types of businesses, while they do provide a service to the community, have a bad connotation. He stated that the neighbor could possibly benefit from a fence or landscaping to divide her driveway from that of the company. Mr. Eames stated that he would certainly talk to the property owner but indicated that she may have simply had bad experiences with the previous property owner, Enterprise, who had a great deal more traffic than this business will see. Phil Conder asked if there will be lighting on the property. Mr. Eames replied that the entire parking lot won’t be used so lighting is not being proposed at this time. Kenneth Meadows, representing his elderly mother who lives next door, indicated that there have been a lot of problems with this site in the past regarding people using his mother’s driveway. He stated that in an attempt to stop this he painted a solid line and stenciled ‘Private Driveway’ on his mother’s property but this didn’t seem to work. He stated that the driveway would get completely filled and an emergency vehicle would not be able to access his mother’s home if something were to happen. He added that the property east of his mother has used tires piled in the backyard West Valley City Planning Commission June 8, 2011 Page 11 which has been a great concern as well. He indicated his family is not comfortable with a check cashing type of business at this location. Phil Conder stated that the striping will be removed on the east side of the home and a “No Parking” sign will be added to the building to prevent this area from being blocked off. Kevin Meadows, also representing his mother, stated that the area is a safety concern to him as it is and he is concerned this will increase with this type of business. He indicated that he has had to call the police a couple times because homeless people have broken into the back of his car to sleep. Kyle Meadows, also representing his mother, stated that he is concerned with the amount of traffic and the check cashing part of the business. He discussed hours of operation and landscaping. He stated that he would prefer there to be lighting to help with crime. Mike Eames stated that this business is payday loans only. There is no cash on site and this is advertised on the front of the building to deter criminals. He stated that a customer will write them a check with interest included, Mr. Money will hand them a check to cash, and then a week later Mr. Money will cash the customers check. Phil Conder stated that he feels if the property owners work together, a solution can definitely be found to benefit them both. Barbara Thomas asked how many customers this type of businesses gets a day. Mr. Eames replied that when a business first opens it can expect only 5 to 10 transaction in an entire day. After it becomes more established the busiest locations can have 30-40 transactions in a 9 hour period. Jack Matheson commented that Mr. Money seems like it will be a better neighbor than the Enterprise business that was there. There being no further discussion regarding this application, Vice-Chairman Conder called for a motion. Motion: Commissioner Thomas moved for approval subject to the 8 staff conditions modifying condition #6 to state: signage must comply with the West Valley Sign Ordinance. No commercial signs shall be located on the east or west side of the building, this does not include the “no parking” sign. Commissioner Matheson seconded the motion. Roll call vote: Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Thomas Yes Vice-Chairman Conder Yes Unanimous – C-16-2011 – Approved West Valley City Planning Commission June 8, 2011 Page 12 C-17-2011 Ut Nguyen 1920 West 3500 South International Market Center C-2 Zone (1.19 Acres) The applicant, Ut Nguyen, is requesting a conditional use for a shopping center. The zoning for this area is C-2, and shopping centers are a conditional use in this zone. The West Valley City General Plan anticipates general commercial uses for this area. The surrounding zone RM to the north, R-1-6 to the northwest, and the remaining sides are C-2. The surrounding uses include the existing Little Saigon retail center to the east, a retail furniture store to the west, single family residential to the northwest, and townhomes to the north. This site was previously occupied by Twamco, which was a trailer fabrication business. The applicant, Mr. Nguyen has since purchased the property and wishes to develop it into a commercial shopping center. There will be two buildings on site. The architecture will consist of brick, stucco (or painted split face block) and tile roof accents that will comply with the Commercial Design Standards. There will be one single story building that is 8,864 square feet, and one 2-story building towards the back of the site that will be 8,590 square feet, for a total square footage of 17,454. Therefore, 69 parking spaces are required and that is what has been provided for this site. This site configuration will only accommodate office and or retail uses and does not provide adequate parking for any restaurant uses. The landscaping requirement for this site is 13.5%, which includes the 3500 South Streetscape requirements. They have currently proposed 16%. The applicant will provide an internal pedestrian walkway system throughout the site that ties in with the streetscape. This will include stamped concrete walkways where the sidewalk crosses any vehicular traffic areas. The signage for this site will consist of wall signs only. A monument sign will not be provided for this location. Portions of this site are adjacent to residential uses. A 6’ masonry or concrete wall is required along the property adjacent to these residential uses. A dumpster is proposed in the north east corner of the site which requires a 6’ masonry enclosure and a 20’ setback from adjacent residential properties. A lighting plan shall also be submitted and the placement of the lights shall not negatively impact the adjacent residential properties. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing and meeting the requirements of all affected departments and agencies, as well as the following: 1. The building must be constructed per the Commercial Design Standards. 2. All signage must comply with the West Valley City Sign Ordinance. West Valley City Planning Commission June 8, 2011 Page 13 3. The landscaping and pedestrian circulation must be completed as per the approved site plan and in accordance with the standards for Landscaping Along High Image Arterials. 4. The dumpster location shall be at least 20’ from any residential boundary and secured with a 6’ masonry enclosure. 5. All lighting shall be designed by Title 7 and not negatively impact adjacent residential uses. 6. A 6’ concrete or masonry wall shall be installed along all residential zone boundaries. 7. There must be adequate parking on site for the proposed tenant mix. 8. Must meet requirements of all effected departments and agencies. 9. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing or to allow for a revised site plan to be submitted. Applicant: Neutral: Nathan Chapel Jack Jones 1386 N Grand Ave. 3440 S 1940 W Provo, UT 84604 Discussion: Jody Knapp presented the application. Nathan Chapel, representing the applicant, stated that the elevations will match what is currently in the area. Jack Jones, a neighbor, stated that he was originally concerned that townhomes were going to be connected to this property. He indicated that he has clarified that this will not be happening with staff. Mr. Jones asked if the current building will be removed. Jody replied yes and added that everything that is currently there will be demolished. Mr. Jones stated that he is glad Twamco will no longer operate here. He expressed concern that the site may not have adequate parking. Barbara Thomas stated that she feels there should be a pedestrian access to the townhomes to allow people to walk back and forth. Mr. Jones stated that he doubted anyone would utilize this. Phil Conder stated that this might be a concern regarding crime as well. There being no further discussion regarding this application, Vice-Chairman Conder called for a motion. Motion: Commissioner Thomas moved for continuance to allow the Planning Commission and staff to discuss pedestrian path options as well as time to acquire more detailed plans from the applicant. West Valley City Planning Commission June 8, 2011 Page 14 Commissioner Garcia seconded the motion. Roll call vote: Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Thomas Yes Vice-Chairman Conder Yes Unanimous – C-17-2011 – Continued C-18-2011 Hughes General Contractors 6651 West 5400 South M Zone 4.38 Acres Hughes General Contractors is requesting conditional use approval for a shop building at the existing quarry, concrete batch and asphalt plant at 6651 W. 5400 S. The property is zoned M (manufacturing) and is in an area designated by the West Valley City General Plan as light manufacturing. The adjacent properties are all zoned M. A shop building is a permitted use in a manufacturing zone. However, this site is a conditional use because of the size of the property and the types of uses on the property. Therefore, any additional development on the site has to be approved as an amendment to the conditional use. The proposed shop building will be 31,440 square feet. The building will be tilt-up concrete construction or, depending on cost, could be a prefabricated metal building. As part of a use that can only be located in a manufacturing zone, the use does not have to comply with the Commercial Design Standards ordinance. Due to the lower elevation of the proposed location for the building and a large berm along the 5400 South frontage, the building will not be visible from 5400 South. The building will be used for quarry support service only, for semi truck and heavy equipment maintenance and repair. Chapter 7-13-103(c) requires that a twenty (20) foot wide landscape buffer along the frontage of any street listed in this chapter be installed if there is substantial modification to an existing site or structure in which the estimated construction cost exceeds $50,000. In the past, the Planning Commission has requested that low water landscapes be installed along the frontage of industrial uses. Staff recommends that the applicant submit a landscape plan for review by the Planning Commission that is similar to other industrial landscapes such as what was approved for Hexcel on the north side of 5400 South. Staff Alternatives: • Approval, subject to the resolution of any issues raised at the public hearing and the following conditions: 1. All requirements of any affected department or agency must be met. West Valley City Planning Commission June 8, 2011 Page 15 2. Prior to the issuance of a building permit for the new shop building, the applicant shall submit a landscape plan for landscaping along 5400 South to be reviewed and approved by the Planning Commission in a study session. 3. Landscaping shall be installed according to the landscape plan approved by the Planning Commission. 4. Landscaping shall be installed prior to the issuance of a certificate of occupancy for the new shop building. • Continuance, to allow for the resolution of any issues raised at the public hearing. Applicant: Travis Davis 6651 W 5400 S Discussion: Ron Weibel presented the application. Travis Davis stated that Kilgore acquired this property from Harper. He stated that the company needs buildings to manage and run efficiently but it is difficult since this type of building doesn’t generate income, it just costs money. Mr. Davis stated that it is difficult to apply the landscaping ordinance to this parcel especially since the building isn’t large compared to the frontage of the property. He added that this area is changing so the applicant is concerned with spending money and putting it into landscaping if it will conflict with future plans for the area. Mr. Davis stated that there is a large berm that will hide the building. The applicant will shape and clean this berm up. Phil Conder stated that this will be a busier area of the City in the future with the introduction of the Mountain View Corridor and the Planning Commission has few opportunities to ensure that properties are up to code. Commissioner Conder asked if a delay agreement can be placed on the property for landscaping. Ron replied that he will have to talk to Steve Pastorik and the legal department to see if this is something that can be done. Barbara Thomas stated that the building creates a presence and it is important to maintain the area around it. The Planning Commission stated that they have no concerns with the actual building itself but they are concerned with the landscaping on the property. There being no further discussion regarding this application, Vice-Chairman Conder called for a motion. Motion: Commissioner Thomas moved for continuance to allow the applicant, staff, and the Planning Commission time to discuss landscaping options. Commissioner Garcia seconded the motion. Roll call vote: Commissioner Garcia Yes Commissioner Matheson No Commissioner Thomas Yes Vice-Chairman Conder Yes Split – C-18-2011 – Failed West Valley City Planning Commission June 8, 2011 Page 16 Vice-Chairman Conder called for a second motion. Motion: Commissioner Thomas moved for continuance to allow the applicant, staff, and the Planning Commission time to discuss landscaping options. Commissioner Garcia seconded the motion. Roll call vote: Commissioner Garcia Yes Commissioner Matheson No Commissioner Thomas Yes Vice-Chairman Conder Yes Split – C-18-2011 – Failed Vice-Chairman Conder called for a third motion. Motion: Commissioner Matheson moved for continuance. Commissioner Thomas seconded the motion. Roll call vote: Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Thomas Yes Vice-Chairman Conder Yes Unanimous – C-18-2011 – Continued PLANNING COMISSION BUSINESS Approval of minutes from May 11, 2011 (Regular Meeting) Approved Approval of minutes from May 25, 2011 (Regular Meeting) Approved Approval of minutes from June 1, 2011 (Study Session) Approved There being no further business, the meeting adjourned at 5:56 p.m. Respectfully submitted, _____________________________________ Nichole Camac, Administrative Assistant