Planning Commission Meeting

WEST VALLEY CITY PLANNING COMMISSION MINUTES July 13, 2011 The meeting was called to order at 4:00 p.m. by Chairman Brent Fuller at 3600 Constitution Boulevard, West Valley City, Utah WEST VALLEY CITY PLANNING COMMISSION MEMBERS Harold Woodruff, Brent Fuller, Jack Matheson, Phil Conder, Joe Garcia, and Imaan Bilic ABSENT: Terri Mills and Barbara Thomas WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Frank Lilly, and Nichole Camac WEST VALLEY ADMINISTRATIVE STAFF: Claire Gillmor, Assistant City Attorney AUDIENCE Approximately nine (9) people were in the audience West Valley City Planning Commission July 13, 2011 Page 2 ZONE CHANGE APPLICATION Z-1-2011 Ken Menlove 1666 West Whitlock Ave. R-1-6 to C-2 0.56 acres Ken Menlove is requesting a zone change for two parcels totaling 0.56 acres at approximately 1666 West Whitlock Avenue from R-1-6 (residential, single family, minimum lot size 6,000 square feet) to C-2 (general commercial). Surrounding zones include C-2 and R-1-6 to the west, C-2 and RM to the north and R-1-6 to the south and east. Surrounding land uses include single family homes to the east and a portion of the west and south, vacant property and townhomes to the north and commercial for a portion of the west and south. The subject property is designated as medium density mixed use and small lot residential (4 to 7 units per acre) in the West Valley City General Plan. The subject north parcel of 0.45 acres includes a home built in 1953 that is in poor condition. The subject south parcel of 0.11 acres is the north half of the vacated right-of-way for Parkway Blvd. If this application is approved, the property owner plans to redevelop the subject property and the property to the south into a storage unit facility. A copy of the proposed concept plan is attached. Also attached to this report is a letter from the applicant which outlines the reasoning for this application as well as a timeframe for when the storage unit project would be built. Staff believes that the redevelopment of this property will be positive for the City in that it will remove a home that is in poor condition, eliminates an awkward situation where a home is accessed through a commercial parking lot and consolidates properties with difficult access with others with direct access to Whitlock Ave. According parcel plat information from Salt Lake County, the south half of Parkway Blvd has not been vacated. In order to develop the storage unit facility as shown on the concept plan, the south half of Parkway Blvd will need to be vacated and rezoned to C-2. Staff Alternatives: • Approval of the zone change. • Continuance to address issues raised during the public hearing. • Denial. Applicant: Opposed: Steven Hunt Lee Dever 2469 S Redwood Rd 1646 W Whitlock Ave. Discussion: Steve Pastorik presented the application. Phil Conder asked if there is an easement in place that allows the resident to the east to access her rear yard. Steve replied that there is a right of way and if that is vacated, the rear portion of the property cannot be accessed. He added that the applicant will need to work with the property owner to provide her access. Lee Dever, representing his mother who is the property owner to the east, stated that West Valley City Planning Commission July 13, 2011 Page 3 he is concerned with changing the zoning. He stated that the entire street is residential with the exception of the corner lot and indicated that this area has been residential for years and has a lot of long term residents. He added that he is very concerned with gaining access to the rear of the property because there is no other way to get back there. Mr. Hunt, representing the applicant, stated that he is aware of concerns with accessing the neighbor’s rear property. He stated that he will work with her to ensure that she has proper access. He added that there are new residential lots to the north so this area will definitely not become completely commercial. Jack Matheson stated that Redwood Road was always assumed to become a major arterial and that residents in the area were all aware of this. He indicated that there is less commercial here now than he would have expected. He added that the commercial zoning will not be deep and indicated that he feels this transition works for the area. Commissioner Conder agreed and added that the applicant is willing to work with the neighbor to the east on gaining access into her property. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Conder moved for approval Commissioner Matheson seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –Z-1-2011 – Approved ZONE TEXT CHANGE APPLICATION ZT-2-2011 West Valley City Amending Section 7-2-125 on Swimming Pools City staff has initiated an application to amend to Section 7-2-125, which addresses standards for swimming pools. These standards were adopted along with other miscellaneous changes to the zoning ordinance back in 1988. The documentation for these changes to the zoning ordinance does not include any concerns or discussions for the swimming pool section. The City Council recently received a request from a resident to consider relaxing the setback standards for swimming pools. The Council then directed staff to prepare this ordinance text change application. West Valley City Planning Commission July 13, 2011 Page 4 The existing language and proposed changes are listed below: 7-2-125. SWIMMING POOLS. Private swimming pools shall be allowed provided they can meet the following standards: (1) Pools shall be located not closer than 30 5 feet to any dwelling on an adjoining lot and not closer than 10 feet to any side or rear yard property line. (2) Pool areas shall be secured by a six-foot fence with a self-closing and self- latching gate. (3) For the purpose of this Section, "pools" shall include jacuzzis, spas, whirlpools, and any above or below ground swimming or wading pools which exceed 12 inches in depth or 100 square feet in area. Staff conducted research on other local community standards for swimming pools. We found that some use a 5’ setback to property lines as proposed in this application, others had no swimming pool standards and some had an 8’ to 10’ setback. None of the communities surveyed had a requirement for 30’ to any dwelling on an adjoining lot. While no clear reasons for the swimming pool setbacks were stated in the original ordinance adoption, the thought may have been that the setbacks were way to reduce noise impact to neighbors. However, even with the current setbacks, noise will still be an issue. Staff Alternatives • Approval of the zone text change as proposed by staff. • Approval of the zone text change to eliminate the 30’ setback requirement to any dwelling on an adjoining lot while maintaining the 10’ setback to any property line. • Continuance to address issues raised during the public hearing. • Denial. Applicant: Approved: West Valley City Aaron Chris Christiansen 1428 W 3605 S Discussion: Steve Pastorik presented the application. Jack Matheson commented that currently the ordinance would include a children’s wading pool in the swimming pool definition. He stated that he has no problem with a small pool like that being 5 feet to the property line. He suggested that swimming pools may need a different definition. Phil Conder stated that there is a concern with sound in regards to being so close to a neighboring property. Harold Woodruff agreed and added that smell can also be a concern. Aaron Christiansen, a resident of West Valley, stated that the current pool definition is vague. He stated that people are wanting to build pools before the summer is over so it would be good to move this ordinance forward as quickly as possible. Steve Pastorik stated that a resident attended a City Council meeting and expressed concern about the ordinance. The City Council then asked staff to propose an West Valley City Planning Commission July 13, 2011 Page 5 ordinance revision which is why staff initiated this ordinance change. Joe Garcia asked if the original 10 foot separation requirement was due to pools leaking into neighboring properties or homes. Steve replied there was very little information on why the 10 foot separation was required in the minutes from the original meeting. Phil Conder stated that he feels the main issue is the definition of swimming pools. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Conder moved for approval of the zone text change as proposed by staff and expressing that staff look into changing the definition of “swimming pools” in the City’s ordinance. Commissioner Matheson seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Woodruff No Chairman Fuller Yes Majority –ZT-2-2011 – Approved CONDITIONAL USE APPLICATIONS C-22-2011 Quik Pik Market 4655 South 4800 West C-2 Zone (0.52 acres) Amitpal Singh is requesting a conditional use permit for a convenience store on property at 4655 South 4800 West. The property is zoned C-2 (general commercial) and the General Plan anticipates general commercial. Surrounding zoning includes C-2 to the south and east, RM (residential, multi-family) to the north and R-2-6.5 (residential duplex, minimum lot size 6,500 square feet) to the west. The surrounding uses are storage units to the east and south, apartments to the north and duplexes to the west. The 2,574 square foot building on the site was built in 1974 and, according to licensing records, has been used as a restaurant (most recently Q4U) and a hair salon. The applicant is proposing to use the existing building as a convenience store with proposed hours of 6 AM to 10 PM. Attached to this report is a letter from the applicant that outlines his proposal. Staff conducted a site visit on July 6th. The owner has recently resurfaced the parking lot and repainted most of the building. However, there are still several items that need attention. Staff recommends the following conditions of approval: West Valley City Planning Commission July 13, 2011 Page 6 1. The pole sign shall be removed and may be replaced by a monument sign. 2. All weeds must be removed and landscaping shall be installed as per the landscape plan submitted. 3. The parking lot shall be restriped. 4. All graffiti must be removed from the site. 5. All trash must be removed from the site. 6. Areas that were not recently repainted shall be repainted. 7. A masonry trash enclosure shall be provided. 8. A 6’ tall, black, vinyl coated chain link fence shall be installed along the north property line beginning 20’ east of the sidewalk and thence to the east property line. During the study session, the Planning Commission discussed whether the fence along the north property line should be solid or transparent. If it is solid, it creates more privacy for the apartments to the north; however, it presents a possible security problem for the convenience store in that police or others driving along 4800 West will not be able to see the area behind the building. Given this security concern, staff has recommended the vinyl coated chain link fence instead of a solid masonry wall. Staff Alternatives: 1. Approval, subject to the 8 conditions recommended by staff. 2. Approval, subject to the 8 conditions recommended by staff except the material for the fence mentioned in condition #8 shall be masonry instead of vinyl coated chain link. 3. Continuance, for reasons determined during the public hearing. Applicant: Approved: Amitphal Singh Carlos Trevizo 4655 S 4800 W Discussion: Steve Pastorik presented the application. Carlos Trevizo, representing the applicant, stated that there have been a lot of improvements already done on the property. He added that in regards to the fence on the north side of the property, he would prefer a tapered chain-link fence that varied in height from 4 feet at the front, 5 feet in the middle, and 6 feet from the front of the building to the rear property line. He indicated that he feels this would be more visually attractive and would also help public safety officers as well. Mr. Travizo asked if there is a way to do water efficient landscaping. Steve replied that this can be discussed but there does need to be live plant material. Joe Garcia asked if there is a way to incorporate a pedestrian access instead of a fence on the north side of the property. Mr. Trevizo replied that there is a retaining wall here and it would be easier for people to walk out to the sidewalk. There being no further discussion regarding this application, Chairman Fuller called for a motion. West Valley City Planning Commission July 13, 2011 Page 7 Motion: Commissioner Matheson moved for approval subject to the 7 staff conditions in the staff report and modifying condition #8 to state that a black vinyl coated chain-link fence would be installed on the north side of the property and vary in height from 4 feet nearest the street, 5 feet in the middle, and 6 feet from the front of the building to the back wall. He added condition #9 to state that the applicant shall work with staff on meeting landscaping requirements. Commissioner Woodruff seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –C-22-2011 – Approved C-23-2011 Wheeler Machinery Machining Shelter and Bridge Crane 4899 West 2100 South M Zone (0.35 acres) Hughes General Contractors submitted a conditional use amendment on behalf of Wheeler Machinery to construct a machining shelter and bridge crane on the Wheeler Machinery site at 4899 West 2100 South. The proposed building is a 5,400 square foot metal structure. Since the initial Wheeler Machinery site was developed under a conditional use permit in 1972, all subsequent changes to the site plan are treated as conditional use amendments. There will be power servicing the building, but no gas, water, or sewer service will be provided. The shelter is located 1,700 feet from the SR-201 frontage road and is not publicly accessible. A trail, part of the Stonebridge Golf Course, is 800 feet from the proposed structure. The building will not be visible from 2100 South. The Wheeler Machinery Site is fenced; along the southern boundary is a chain-link fence. Maneuvering areas surrounding the proposed building are to be surfaced with gravel. Owing it its location, lack of visibility, and use, the applicant did not submit a landscape plan. Staff visited the site on July 7, 2011, and consulted with West Valley City Parks and Recreation on the status of the chain-link fence. Parks and Recreation staff are satisfied with the existing chain link fence and see no need to have it upgraded. Staff recommends approval of this conditional use amendment, provided that the property owner maintains the chain-link security fence along the property’s southern boundary. West Valley City Planning Commission July 13, 2011 Page 8 Staff Alternatives: 1. Approval, provided that the property owner maintains the chain-link security fence along the property’s southern boundary. 2. Continuance, for reasons determined during the public hearing. Applicant: Travis Davis 4899 W 2100 S Discussion: Frank Lilly presented the application. Joe Garcia asked what condition the existing fence is in now. Frank replied that it appeared to be in good condition. Travis Davis, representing the applicant, stated that this building will be used to conduct machine operations and indicated there is very little paving. He added that the fence is in great condition since this portion of the property isn’t accessed often. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Garcia moved for approval provided that the property owner maintains the chain-link security fence along the property’s southern boundary. Commissioner Conder seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –C-23-2011 – Approved PLANNING COMISSION BUSINESS Approval of minutes from June 22, 2011 (Regular Meeting) Approved Approval of minutes from July 6, 2011 (Study Session) Approved There being no further business, the meeting adjourned at 4:41 p.m. Respectfully submitted, _____________________________________ Nichole Camac, Administrative Assistant