Planning Commission Meeting

WEST VALLEY CITY PLANNING COMMISSION MINUTES August 10, 2011 The meeting was called to order at 4:02 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 Barbara Thomas ABSENT: Terri Mills and Imaan Bilic WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Jody Knapp, Steve Lehman, and Nichole Camac WEST VALLEY ADMINISTRATIVE STAFF: Nicole Cottle, CED Director AUDIENCE Approximately four (4) people were in the audience West Valley City Planning Commission August 10, 2011 Page 2 ZONE TEXT APPLICATION ZT-3-2011 West Valley City This is a proposed amendment to Section 7-2-109(6) of the West Valley City Municipal Code. This section of the Code contains exceptions to the setback requirements including the distance required for a basement access and window wells. Staff feels that this criteria could be decreased to allow for more homes to have an uncovered outside access to the home that is in the sideyard. Permitting that encroachment would help decrease the impact that structure has on the rear yard space. Currently, the language is as follows: (6) Window wells or basement access ways in side and rear yards extending not more than four feet in rear yards or two feet in side yards; provided, however, that there shall remain a minimum of six feet to side property lines; Staff proposes the following changes: (6) Window wells or uncovered basement access ways in side and rear yards extending not more than four feet in rear yards or two feet in side yards; provided, however, that there shall remain a minimum of two six feet to side property lines; 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: Ron Weibel presented the application. Barbara Thomas stated that she feels the setback requirements proposed are adequate. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Thomas moved for approval. Commissioner Conder seconded the motion. Roll call vote: Commissioner Conder Yes West Valley City Planning Commission August 10, 2011 Page 3 Commissioner Garcia N/A Commissioner Matheson Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –ZT-3-2011 – Approved SUBDIVISION APPLICATION SV-1-2011 4326 South Wormwood Drive (5215 West) BACKGROUND Mr. Duane Wilkey and Mr. David Miller, are requesting consideration to vacate an existing school walkway located at approximately 4326 South Wormwood Drive. The purpose for the request is to help eliminate problems the two property owner’s are experiencing as a result of the open walkway. The alley to be vacated is located between lots 344 and 345 of the Woodledge No. 3 Subdivision. This plat was recorded with the Salt Lake County Recorder’s Office in April 1977. As part of this plat, a 6-foot walkway was situated between said lots which at the time provided access to a large field that was planned for either a Church or School. Eventually, the Granite School District constructed the Hunter Elementary School in 1980. The walkway to this school has been used since that time. In conversations with the Granite School District, they expressed the benefits of having the walkway, they would prefer not to own them and do not want to maintain them. The walkway is 6-feet wide and is fenced on both sides with chain link fencing. Due to an elevation difference, the west end of the walkway includes a stairway up to the school property. A few weeks ago, the property owners inquired about the possibility of vacating the walkway. They expressed some of the problems that were occurring within and adjacent to the walkway and were curious to know what the process would be to close the walk. Staff explained that a public hearing would be required wherein the Planning Commission would review the application and forward a recommendation to the City Council. In conversations with Mr. Wilkey and Mr. Miller, staff mentioned that walkways in general are valued by the City and residents living in neighborhoods with schools and/or churches. Staff informed Mr. Wilkey and Mr. Miller that even today when new residential projects are located adjacent to a school, a recommendation is made for the developer to install a walkway. Mr. Wilkey and Mr. Miller have provided to the Planning Commission letters outlining the problems they have encountered over the years. Although many of these problems are likely not created by those students using the school, the walkway does allow access with limited visibility for those causing other problems. Vacating the alley would likely have an adverse affect on residents whose children use the walkway. However, the streets on the north and south sides of the school do have sidewalk and the school does have an area for children to be West Valley City Planning Commission August 10, 2011 Page 4 dropped off if brought by parents. If the petition to close the walkway is not approved, staff would like to suggest a number of items that could be explored to help mitigate some of the problems encountered by the adjacent land owners. The following list has been prepared with assistance from various Departments: 1. Install bollards to prevent bicyclists and motorcycles from using the walkway. 2. Create a neighborhood watch program if one does not exist. 3. Install signs and/or paint curbing that would discourage parking on Wormwood Drive. 4. Involve the Granite School District to help educate parents/students about the problems that are occurring at this location. As part of this application, notice was sent to residents within 600 feet of the walkway. State Law requires that notice be sent within 300 feet. In addition to this notice, the City posted the property as well. If the walkway is vacated, each property owner would end up with 3- feet of property. Attached to the staff report are letters submitted by Mr. Wilkey and Mr. Miller. Staff has also included two responses from residents in the area that do not want the walkway closed. According to City ordinance, streets and/or alley vacations shall be reviewed by the Planning Commission with a recommendation to the City Council. RECOMMENDATION 1. Deny the alley vacation as this walkway has been used for over 30 years. 2. Approve the walkway vacation due to problems outlined in the applicant’s letters. 3. Continue the application due to issues raised at the pubic hearing. Applicant: Applicant: Duane Wilkey David Miller 4326 S Wormwood Dr. 4336 S Wormwood Dr. Discussion: Steve Lehman presented the application. Barbara Thomas asked if the school district would be open to sending home information with children regarding this problem. Steve Lehman replied that he spoke with Keith Bradshaw with the Granite School District who has said that this would likely be possible. Brent Fuller asked how far the school boundaries go. Steve Lehman replied that boundaries go to 4800 west so it is used by a great deal of residents. Steve added that parents drop their children off at this walkway which is a safety concern as well as a nuisance to the residents. He indicated that this could partially be resolved by working with a traffic engineer on posting signs, painting the curbs red, etc. The applicant, David Miller, explained that the school kids aren’t the biggest concern at this location, it’s other kids and adults who come at night. He stated that there are many safety issues with this walkway including drugs and drug paraphernalia, broken glass and bottles, etc. He stated that recently a dry ice bomb was dropped in his West Valley City Planning Commission August 10, 2011 Page 5 neighbor’s yard in the middle of the night which caused an explosion and is extremely dangerous. Mr. Miller stated that he constantly deals with people knocking on his door and ringing the doorbell in the middle of the night, vandalism, and a long list of other crimes that prevent him from getting sleep on a regular basis. Mr. Miller stated that he doesn’t know how education through the school would be beneficial since a lot of the more serious problems come from older individuals who don’t attend the elementary. Jack Matheson asked what the applicants would do with the property if the vacation of this alley is approved. Mr. Miller replied that he hasn’t thought that far ahead, he is just concerned with getting it closed first and foremost. Chairman Fuller asked what could be done to help alleviate some of these problems. Mr. Miller replied that there are so many issues that really can’t be addressed or resolved but closing the walkway during the summer could help some. Chairman Fuller asked if bollards at either end of the walkway would help. Mr. Miller replied yes but added that is only one problem of many. Phil Conder asked what problem seems to be the most critical issue for the residents. Mr. Miller replied that older teenagers and adults see the elevation change between the school and the walkway as a safe haven. He stated that many of the more serious problems, such as drug use, occur here. Dwayne Wilkey, the second applicant, stated that Hunter Elementary has a double wide driveway that is specifically designed for dropping off and picking up children. He stated that one of his greatest concerns is a child getting ran over or seriously injured while trying to cross the street when leaving the walkway. He stated that this is a very dangerous street filled with speeding cars and a lot of congestion. Mr. Wilkey indicated that people will park in his driveway and refuse to move even when he needs to park his car on his own property. He explained that he has been threatened many times and the Police Department has done nothing to respond to the many threats and criminal mischief happening on the walkway. Mr. Wilkey stated that the school district, the City, and the County don’t want responsibility for the walkway so the neighbors have been forced to maintain it over the years. He stated that he gets very little sleep because of people knocking on his door. Mr. Wilkey indicated that his wife had a neck surgery and was startled awake by pounding on the door in the middle of the night which could have caused severe health problems for her including paralysis. His home being egged, property being damaged, mail being stolen, etc is a regular occurrence. Barbara Thomas asked if Mr. Wilkey and Mr. Miller have talked to other residents living near the walkway. Mr. Wilkey replied that there were 5 residents in agreement, even those with children attending the elementary, because of crime and traffic problems. He indicated they were unable to attend the meeting because of the time. Mr. Wilkey stated that there has been retaliation on him, his wife, and his home already simply by him filing this application. Commissioner Conder questioned whether problems would be resolved if this walkway was closed or if they would continue because of the elevation change behind the school. Mr. Wilkey replied that if there was no access there would be a great deal less traffic because there would be no reason for people to go back there. He explained that this is a perfect place for criminals because they feel they can hide behind the walkway and have an escape route at the front of the school or behind. Mr. Wilkey described several criminal activities that have happened here recently. He stated that Police rarely do anything in response to criminal mischief because they can’t get there in time and it’s often difficult for residents to get a good description of West Valley City Planning Commission August 10, 2011 Page 6 people causing problems. He added that he has often been told, because some of the crimes are committed by minors, there really isn’t anything that can be done. Commissioner Matheson stated that he has struggled with this application and has gone both ways. However, he explained that after hearing some of the criminal mischief, viewing the dangers of the walkway with the elevation change, and the traffic problem caused by parents, he feels this alley should be vacated. He stated that no one wants to take responsibility for the walkway and it isn’t fair for the property owners to continually deal with this type of crime. He added that he feels this is a huge safety problem for the residents and for children attending the school. Commissioner Conder stated that he agreed and added that he originally felt this walkway served a valid purpose. He stated that it is great for the children attending the elementary but the other problems seem to outweigh the benefits. He added that it isn’t much further for children to walk around to the front of the school where there are crossing guards, etc. Barbara Thomas stated that she likes to promote walkability. She agreed that this walkway has many negative associations but stated that some of these may be resolved by traffic engineers and educating students at the school. Commissioner Conder replied that it doesn’t seem like the school kids are the greatest problem, it’s the other activity that happens here. Chairman Fuller agreed and added that it would be difficult to tell adults they can’t come back here when they should already know better. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Matheson moved for approval. Commissioner Conder seconded the motion. Roll call vote: Commissioner Conder Yes Commissioner Garcia N/A Commissioner Matheson Yes Commissioner Thomas No Commissioner Woodruff Yes Chairman Fuller Yes Majority –SV-1-2011 – Approved Commissioner Garcia was excused from the meeting CONDITIONAL USE APPLICATION C-24-2011 Maverik, Inc. (Todd Meyers) 5610 West 5400 South C-2 Zone (.35 Acres) The applicant, Maverik, Inc., is requesting a conditional use permit for a complete site West Valley City Planning Commission August 10, 2011 Page 7 remodel of a gas station/convenience store. The zoning for this area is C-2, General Commercial and the West Valley City General Plan anticipates Mixed-Use development. This area is also located within Zone C of the Over Pressure Zone. The surrounding zones include C-2 to the north, R-1-4 to the west and C-2 to the south. The surrounding uses include vacant land planned for a future residential development to the west, a vacant retail pad to the north, a convenience store/gas station to the south, and residential to the east in Kearns. There is currently an existing Maverik convenience store at this location and they wish to completely demolish and rebuild the site to update the building design and layout in conjunction with a new subdivision and increased lot size. The existing site is approximately 130’ x 170’ and the new site will be 260’ x 230’. The building on site will be 4,630 square feet with an additional 160 square feet of cooler space. There will be 5 double stacked gas islands located to the east of the building. The building and gas canopy will be finished with a combination of stucco and cultured stone veneer, including stone veneer bases for the canopy, with green and red metal roof and awnings, similar to the design of the Maverik store at 2678 South 5600 West (C-27-2009). The east facing façade will be considered the primary façade for the commercial design standards and all remaining faces are secondary. At this time an additional 10’ of right-of-way is required along 5600 West for a 63’ half width. The remaining frontage will be landscape with lawn and trees planted at an interval of 1 every 30’, for a total of eight (8) trees. The applicant is currently working with UTA on the design of the frontage along 5600 West due to additional right-of-way needed for a future transit project. Staff recommends that the site be designed to maximize the landscaped area and that the trees in this area be placed along the west side of the landscaping so they will remain intact after all of the right-of-way is acquired. The existing curb cut shall be removed but any additional roadway improvements will be finished in conjunction with UTA project. The frontage along 5400 South also requires some dedication (57’ half-width). These improvements will be required to be completed at this time, including removal of the existing curb cut. Therefore the back of the sidewalk and setback measurements must be located per the new property line. Trees are also required in this area at an interval of 1 every 30’ for a total of six (6) trees. This site is located adjacent to residential property so a 6’ masonry wall must be constructed between the 2 properties. Staff recommends that the design of this wall be coordinated with the adjacent residential project so the walls will match. The wall should continue as far down to 5400 South as possible, while still maintaining a 20’ clear view at the intersection. Currently the access is shown 10’ from the side property line, however, a 20’ setback is required for an access. The setback required for the remaining portion along the west side boundary is ten (10) feet. This area must be planted with trees at a ratio of 1 every 300 square feet, so nine (9) trees are required. Nineteen parking spaces are required for this use and twenty-two have been proposed. A pedestrian walkway is proposed through the parking area, which will connect the site to 5400 South. There is also a connection from the Maverik store to the proposed future retail building to the north. Any portions of this pedestrian system that cross the parking lot will require a change in paving material or texture. Additionally, at least 2 parking spaces for bicycles must be provided adjacent to the primary entrance. West Valley City Planning Commission August 10, 2011 Page 8 There is a dumpster proposed to the south of the building. A 6-foot masonry enclosure must be constructed around the dumpster and it shall be located at least 20’ from the adjacent residential boundary. Any mechanical equipment to be included on site must also be screened. Any exterior lighting must be installed so that it does not negatively impact the adjacent residential property and in accordance with the guidelines in the Lighting section of the West Valley City Code (7-9-114). Maverik, Inc. is also requesting to locate one monument sign along 5600 West, with an additional sign along 5400 South. The sign proposed will be no more than 6’ tall and will comply with the West Valley City Sign Ordinance. The base of the sign will be cultured stone to match the building. Wall signage will be included and shall be no more than 15% of the front building façade and 5% of any remaining side. A separate building permit will be required for all signage and it must comply with the West Valley Sign Ordinance. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing, as well as the following conditions: 1. The building and site shall be constructed per the approved plans in accordance with the West Valley City Commercial Design Guidelines. This includes bicycle parking and a change in paving material, pattern or color for pedestrian walkways that cross the parking lot. 2. All landscaped areas shall include the required amount of trees: • 5400 South – Six (6) • 5600 West – Eight (8) • West setback area adjacent to residential – Nine (9) 3. The gas canopy shall be constructed of similar materials to the building including cultured stone bases to the canopy supports. 4. All signage shall comply with the West Valley Sign Ordinance. A separate building permit shall be required for signage. 5. A 6’ tall masonry enclosure must be provided for the dumpster located on the south side of the building and it shall be setback a minimum of 20’ from the adjacent residential boundary. Any mechanical equipment must be screened on top of the building or by a masonry wall and landscaping if it is to be located on the ground. 6. A 6’ masonry wall is required along the west side of the property adjacent to the residential development. The design of this wall shall be coordinated with the developer of that residential property and shall extend out to 5400 South as far as possible. West Valley City Planning Commission August 10, 2011 Page 9 7. The access along 5400 South shall be setback at least 20’ to the side property line per 7- 6-1006(3), unless directed otherwise by UDOT. 8. All requirements of affected departments and agencies must be met including but not limited to UDOT and West Valley City Public Works. 9. Any exterior lighting must be installed so that it does not negatively impact the adjacent residential property and in accordance with the guidelines in the Lighting section of the West Valley City Code (7-9-114). 10. This property is within the Overpressure Zone and subject to the requirements of Zone C as described in Chapter 7-10 of the Zoning Ordinance. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Todd Meyers 880 W Center Street North Salt Lake, UT Discussion: Steve Lehman presented the application. Todd Meyers, the applicant, stated that this is the only Maverik site in Utah that has been chosen for a remodel this year. Barbara Thomas asked if the tanks at this location are large. Mr. Meyers replied that they meet code but they will be replaced with larger ones. He indicated that this site is small but the remodel will allow for more room, including additional parking stalls. Jack Matheson asked if there is a picnic area. Mr. Meyers replied yes. Commissioner Matheson asked if there will be a wall or anything on the north side of the site. Mr. Meyers replied that the property to the north will be a commercial lot and Maverik has already entered into a cross access agreement with the property owner. He added that until the site is developed a barrier will be created with large boulders and rocks to prevent cars from turning around in the dirt. Commissioner Matheson asked if one monument sign is being anticipated on the corner. Mr. Meyers replied that there will be two, one on 5600 West and one on 5400 South. Barbara Thomas asked what the projected completion date will be. Mr. Meyers replied that a lot of the timeline will be determined by UDOT’s approval. He stated that pavement will need to be down by mid November and there are typically 125 days if construction. Mr. Meyer’s discussed access on 5400 South. Commissioner Matheson stated that this is a good improvement. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Thomas moved for approval subject to the 10 items listed by staff and modifying condition number five to require an 8’ masonry fence instead of a 6’ one. Commissioner Woodruff seconded the motion. West Valley City Planning Commission August 10, 2011 Page 10 Roll call vote: Commissioner Conder Yes Commissioner Matheson Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –C-24-2011 – Approved PLANNING COMISSION BUSINESS Approval of minutes from July 27, 2011 (Regular Meeting) Approved Approval of minutes from August 3, 2011 (Study Session) Approved There being no further business, the meeting adjourned at 5:09 p.m. Respectfully submitted, _____________________________________ Nichole Camac, Administrative Assistant