Planning Commission Meeting

WEST VALLEY CITY PLANNING COMMISSION MINUTES October 26, 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, and Barbara Thomas ABSENT: Terri Mills, Joe Garcia, and Imaan Bilic WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Steve Lehman, Jody Knapp, and Nichole Camac WEST VALLEY ADMINISTRATIVE STAFF: Claire Gillmor, Assistant City Attorney AUDIENCE Approximately six (6) people were in the audience West Valley City Planning Commission October 26, 2011 Page 2 SUBDIVISION APPLICATION S-8-2011 Peoples Subdivision - Plat Vacation R-2-6.5 Zone BACKGROUND John Peoples is requesting consideration to vacate the Peoples Subdivision Plat. The purpose for the plat vacation is to return the existing dwelling units from a twin home configuration back to the original duplex configuration. STAFF/AGENCY CONCERNS: There are no staff or agency concerns with this application. ISSUES: The Peoples Subdivision was recorded with the Salt Lake County Recorder’s Office in May 2009. The original subdivision was platted with the intent to provide home ownership options as opposed to the rental units. The Peoples Subdivision amended lots 33-35 of the Hawarden Heights No. 2 Subdivision by creating 6 individual lots, one for each half of the duplex unit. As part of the twin home aspect, the applicant was required to meet certain building code requirements as well as water and sewer requirements. The property line dividing the duplex unit required the applicant to install a fire separation wall between the two dwelling units. In addition, GHID required that the water and sewer services be separated for individual home ownership. Due to market conditions and the economy, the applicant was not able to complete the required modifications noted above. As a result, Mr. Peoples would like to vacate the subdivision and restore the duplex units to their original state. STAFF ALTERNATIVES: A. Approval of the Peoples Subdivision plat vacation. B. Continuance to allow for more discussion regarding the application. Applicant: John Peoples Not present Discussion: Steve Lehman indicated that this application has been withdrawn. He explained that someone has agreed to purchase the property from the applicant and will complete Mr. People’s original plan for the subdivision. There is no motion since this item has been withdrawn from the agenda. West Valley City Planning Commission October 26, 2011 Page 3 CONDITIONAL USE APPLICATIONS C-36-2011 ICO Development 225 Unit Apartment Development 2900 West Lehman Avenue CC Zone (2.86 acres) ICO Development is requesting conditional use approval to redevelop 2.86 acres at 2900 West Lehman Avenue into a 225 unit, four story, Class A apartment development. The property is zoned CC (City Center) and is designated as mixed use commercial and high density residential in the General Plan. The table below outlines the size and mix of units. Unit Type # of Units Sq. Ft. 1 bedroom/1 bathroom 18 653 1 bedroom/1 bathroom 63 705 1 bedroom/1 bathroom + den 6 867 2 bedrooms/2 bathrooms 42 891 2 bedrooms/2 bathrooms 81 977 3 bedrooms/2 bathrooms 15 1,160 Total 225 Background Over the last several years the City has acquired all of the property on the block between 3500 South and Lehman Avenue and between Market Street and Holmberg Street (2955 West) except for the UTA park and ride lot on the northwest corner of Market Street and Lehman Avenue. This block falls within the City Center RDA that was established in 2004. Four parcels and a portion of another four parcels within this block will be consolidated as part of a forthcoming minor subdivision to create the new apartment development parcel. The Embassy Suites hotel within this block is under construction and the City plans to eventually develop a parking structure on the UTA park and ride lot and to redevelop the remaining property within the block. All of the existing buildings on the apartment development site will be demolished by the spring of 2012. The new east/west running road (3550 South) on the north side of the project and the new north/south running road (2940 West) on the west side of the project will be completed by the summer of 2012. Construction on the apartment development is planned to begin in the fall of 2012 with the completion occurring within 18 months. The CC Zone requires conditional use approval for any development with a building over 100,000 square feet. The subject building is 311,414 square feet. The CC Zone also includes a provision that allows the requirements within the Zone to be superseded by a development agreement. The purpose of this provision was to allow design flexibility for uses that met the purposes of the Zone. At the time the CC Zone was drafted, staff fully anticipated utilizing this development agreement provision for most projects. In addition, the City has developed a concept plan since the time the CC Zone was drafted. Hence, the CC Zone did not anticipate West Valley City Planning Commission October 26, 2011 Page 4 some of the elements outlined in the concept plan. For this development, the City will be entering into an agreement for the disposition of land for private development (ADL) with ICO since this project is in a redevelopment area. The ADL serves the same purpose as a development agreement in that ICO will be committing to build the project according to standards outlined in the agreement. Project Review The sections below outline the purposes and main standards in the CC Zone and how this development meets or exceeds those standards. City Center Zone Purposes The following is a list of purposes from the CC Zone (underlined) as well as a brief description of how the apartment development meets the stated purpose: • Create a recognizable center or downtown for West Valley City. This apartment development will be the highest quality and most unique in the City. • Encourage and direct development that supports transit. High density residential development is one of the best land uses for supporting transit. • Encourage infill and redevelopment near the future transit station by City Hall. The apartment building is approximately 500’ from the Trax and BRT stations. • Reinforce the use of public transportation by locating higher-intensity development, including employment-oriented businesses and higher density residential uses, adjacent to transit stops. This project and the new streets supporting it are certainly creating higher intensity development by redeveloping approximately 5 single family homes, 12 mobile homes, and 56 apartments (73 total units) with 225 units. • Encourage mixed-use development to reduce automobile dependency and roadway congestion by combining trips and locating destinations within walking and biking distances – all interconnected with transit. This is the first residential building in Fairbourne Station that will compliment the hotel and future office and retail space. • Provide a mix of housing types, costs and densities. This project will provide 3 different 1 bedroom layouts, 2 different 2 bedroom layouts and a 3 bedroom layout with varying rents for each unit type. The courtyard, structured parking and proximity to amenities like the promenade and TRAX and shopping at the mall will make for a unique urban experience not currently found in the City. • Promote architectural and site design treatments that enhance the visual appearance of development within the Zone. The proposed apartment building meets or exceeds the architectural standards in the ordinance and meets or exceeds other ordinance standards with the exception of those that are discussed under the exceptions heading below. Parking The parking ordinance allows the Planning Commission to reduce the parking standard for multi-family residential from 2 spaces per unit to 1.5 spaces per unit for one bedroom units and 1.75 spaces per unit for two bedroom units if the Commission finds that the reduction is not detrimental to the surrounding area and will enhance the proposed development. The CC Zone also allows a 10% reduction to parking requirements. The tables below outline the proposed parking for this project as well as ordinance requirements: West Valley City Planning Commission October 26, 2011 Page 5 Type of Parking Provided Number of Stalls Garage parking 198 Courtyard parking 56 On-street parking 89 Total parking 343 Parking ratio provided 1.5 spaces per unit Unit Type # of Units Parking Ratio # of Stalls Required Required 1 Bedroom 87 1.5 130 2 Bedroom 123 1.75 215 3 Bedroom 15 2 30 Totals 225 375 Minus 10% City Center Zone reduction (38) Total parking required after allowed reductions 337 In summary, the parking provided is within what the ordinance allows. As a means of comparison, staff looked at other resources besides our parking ordinance to evaluate the parking provided. The book Parking Generation, 3rd Edition published by the Institute of Transportation Engineers includes research on parking demand for various land uses. The table below summarizes the weekday parking demand for low/mid-rise apartments based on research from 19 suburban locations across the country. Statistic Peak Period Demand Peak Period 12:00-5:00 AM Number of Study Sites 19 Average Size of Study Sites 320 dwelling units Average Peak Period Parking Demand 1.20 vehicles per dwelling unit Range 0.68-1.94 vehicles per dwelling unit 85th Percentile 1.46 vehicles per dwelling unit 33rd Percentile 1.09 vehicles per dwelling unit Staff also considered data from the 2005-2009 American Community Survey conducted by the U.S. Census Bureau. This data revealed that the average number of vehicles owned per renter-occupied unit in West Valley is 1.44 vehicles per household. For the county as a whole, the number is 1.41 vehicles per household. With the Census data, renter-occupied units include all housing units that are rented, like single family homes, and not just apartments. As a precaution, the ADL includes a provision that, upon the lease up of the building, if additional parking is needed, ICO and the City will work together to secure additional parking. Architecture 1. For materials, the building exterior includes, brick, fiber cement lap and stucco, which are allowed materials in the zone. West Valley City Planning Commission October 26, 2011 Page 6 2. For building relief, the ordinance requires at least two treatments on the south side and at least one on all other sides. The building employs brick columns, building offsets/projections and balconies and all four sides. 3. For window treatments, the ordinance requires at least two window treatments on the south side and at least one treatment on all other sides. The building has a variety of window sizes, window grids, and window trim on all four sides. 4. For design treatments, the ordinance requires at least two design treatments on the south side and at least one treatment on all other sides. The building includes knee braces at the roof line, a variety of materials and colors, and a decorative parapet on all four sides of the building. Amenities For a project of this size, the ordinance requires a minimum of six amenities from the list in the ordinance with at least three of the six being major amenities. This project has six major amenities (swimming pool, courtyard, social room, garage, on-site manager and fitness room) and one minor amenity (hot tub) from the ordinance list. In addition, there are other amenities provided like a business area, storage space, elevators and a fire pit in the courtyard that are not specifically listed in the ordinance. Attached to this report is a features comparison that shows how this project stacks up with other nearby apartment developments. Open Space and Landscaping The ordinance requires a minimum of 20% of the lot as open space/landscaping. This project has approximately 22% and is across the street from a 4+ acre promenade and plaza. Interior Finishes In addition to the amenities, this project will include higher quality finishes than other area apartments to achieve Class A status. These finishes include: granite kitchen countertops, oak cabinets with concealed hinges, washer and dryer included, solid surface bathroom countertops, bullnose (rounded) drywall corners and hand textured finishes, MDF trim, 9’ ceilings, two-tone paint, vinyl plank flooring in the kitchen and entry areas and higher grade carpet and padding. Exceptions This project fulfills the purposes of the CC Zone; however, as staff anticipated when the CC Zone was drafted, there are exceptions to some of the CC Zone requirements that are needed for this project that can be addressed through the ADL. The following are the requirements where exceptions are requested including the reason for the request: 1. The City Center Zone includes a minimum building height of 5 stories or 60’. The subject building is 4’ stories and between 44’ to 55’ tall. Based on experience with other TOD projects, buildings with 4 stories can provide the appropriate mass and density. Staff and ICO did explore in depth the possibility of doing taller buildings. Adding additional floors created two problems: a lack of parking and high project construction costs that could not be supported by rents. 2. Along Lehman Avenue, the ordinance requires residential buildings to include at least the ground floor as office or retail use. Since the ordinance was drafted, staff has done further research with ICO and has found that this location would struggle to support ground floor retail or office space due to lack of visibility and lack of drive by traffic. Staff fears that if ground floor retail or office space was included, it would West Valley City Planning Commission October 26, 2011 Page 7 be vacant. The latest Fairbourne Station concept plan does not include retail or office along Lehman Avenue. 3. The ordinance also requires transparent fenestration or windows and doors on the ground floor along Lehman Avenue to comprise at least 80% of the façade. This standard only makes sense if there is ground floor retail or office space. 4. The ordinance requires buildings along Lehman Avenue to be built to the back of the sidewalk for at least 70% of the lot’s street frontage. Approximately 80% of the building is built within 3’ of the sidewalk. This 3’ allows for landscaping along the ground floor and provides more space for building projections and balconies on levels 2 through 4. Staff Alternatives 1. Approval of the conditional use subject to the following conditions: a. An agreement on the disposition of land (ADL) must be approved by the City Council and address the architecture, amenities, landscaping, parking and other project features as well as the ordinance exceptions proposed by ICO. b. All requirements of other affected departments and agencies shall be met. 2. Continuance, for reasons determined during the public hearing. Applicant: Jim Seaburg 1289 E 300 N Alpine, UT Discussion: Steve Pastorik presented the application. Barbara Thomas asked if the City owns all the property in the area where the proposed development will be constructed. Steve replied yes. Brent Fuller asked what the timeline will be for construction. Steve replied that demolition will be complete by spring 2012, roads will be built by summer 2012, apartments will begin construction in fall of 2012, and the projected completion date of the project is early 2014. Steve indicated where new roads will be built. Jack Matheson asked if residents currently living in the existing apartments are aware of the situation and have been given the appropriate amount of time to move out. Steve replied that all residents have received notice and added that the City has gone beyond what is required by law. Phil Conder asked what would need to be done if the applicant decides to convert the apartments into condominiums at a later date. Steve replied that construction methods are different and stated that the applicant will be able to better answer this question. Barbara Thomas asked what the view will be looking into the building for pedestrians. Steve explained that there will be windows where the leasing office and amenities are located and the parking will be shielded by grates which will provide openness but will also protect resident vehicles. Jim Seaburg, representing the applicant, stated that there will be grates looking into the parking area of the building but added that there will also be vines and other landscaping that will add greenery for pedestrians. Mr. Seaburg stated that apartments and condominiums have different requirements for ADA units, fire ratings and separation, and sound barrier requirements. Commissioner Thomas asked who will be maintaining the sidewalks for snow removal. Steve replied that ICO will maintain the West Valley City Planning Commission October 26, 2011 Page 8 north and west sides and the City will maintain landscaping along Lehman Ave. He added that snow removal has not yet been addressed in the agreement. Commissioner Thomas expressed concern for pedestrians walking to the Trax station and indicated that snow removal should be defined in the ADL. Commissioner Thomas asked if there will be bus stops along Lehman Ave or any of the proposed streets in the area. Steve replied there are no bus stops anticipated at this time. Jack Matheson asked if there will be government subsidies for elderly or lower income units. Mr. Seaburg replied no and indicated that everything is at market rate and cannot be changed in the future. Commissioner Thomas asked if there will be onsite maintenance. Mr. Seaburg replied that Alliance Property Management, a national company, will be in charge of maintaining the property. Jack Matheson asked if residents are interviewed by management prior to moving in. Mr. Seaburg replied yes and added that all applicants must meet specific lease and maintenance requirements. He added that all these requirements are outlined in the ADL agreement. Barbara Thomas stated that the City has finally gotten to the point of doing high density near transit stations. She stated that she feels mixed use would not work in this area and can understand why this has been changed. Brent Fuller commented that there is still mixed use, it’s just laid out horizontally in the area as opposed to vertically in the building. Steve agreed and stated that this area will have the hotel, some retail, a potential business building, and residential. Phil Conder stated that this development seems to have all the components of a TOD and will work well with high density. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Woodruff moved for approval subject to the 2 conditions listed by staff. Commissioner Conder seconded the motion. Roll call vote: Commissioner Conder Yes Commissioner Matheson Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –C-36-2011 – Approved C-37-2011 Chad Smith 2515 Parkcrest Ave. Residential Unit for property management RM Zone (.49 Acres) The applicant, Chad Smith, is requesting a conditional use amendment for a residential unit for a property manager. The zoning for this area is RM, and multi-family residential uses are West Valley City Planning Commission October 26, 2011 Page 9 a conditional use in this zone. The West Valley City General Plan anticipates Mixed Use development for this area. The surrounding zone is RM and the surrounding use is the Lakepark 4-plex residential community. This lot was originally used as a recreational area for the Lakepark Subdivision that was platted in the early 1970’s. This area was originally owned by one individual or entity, which is no longer the case. There are now several different owners and private ownership of a recreation space for the entire complex was problematic from a maintenance standpoint as well as liability. In 2002 the City was approached by a gentlemen who wanted to buy all of the properties in Lakepark and take over management. In order to do this he wanted to construct a building for an on-site management office, storage facility for the maintenance equipment and a laundry facility for the residents of the Lakepark Community. So a building permit was issued and the building was constructed. In 2005, the property was sold and that new owner had the same proposal of consolidating ownership and maintenance of this area. At that time this building was on the same parcel as 2519 Parkcrest so he subdivided the property so that this building would be on its own parcel. That process also required a variance from the Board of Adjustment. As part of that application the owner indicated that the building would continue to be used as an on-site management office, storage facility for maintenance equipment and a laundry facility for the residents. On May 24th, 2011 Code Enforcement received a complaint regarding the use of this property. A site review was conducted and confirmed that the garage portion of the building was occupied by a commercial tire business. Planning and Zoning was then contacted and conducted an inspection of the property with the Chief Building Official, Ed Domian, on September 8th, 2011. The property owner was informed that this use was prohibited in the RM zone and the owner of the business was instructed to vacate the premises. Another site review was conducted on October, 20th,2011 and the tenant was still on the premises and requested another 2-week extension on his move-out date. That inspection also confirmed that there was a residential unit within the structure and that dwelling was also inspected. The current owner, Chad Smith, purchased the property in 2007. He states that the building included a complete 2 bedroom apartment unit at that time. Therefore, sometime between 2005 and 2007, this unit was added to this building without any approvals or building permit. Mr. Smith uses this unit for an on-site manager to maintain the 4 units he owns throughout the Lakepark community. Staff is concerned with the condition of these buildings and suggests that if the use is approved that a condition of approval include that the property owner and property manager be required to attend the Good Landlord Training and become a member of the Good Landlord Program. This will help ensure that the properties are properly maintained. A summary of the condition of these units has been attached for your review. Lakepark itself consists of 53 four-plexes (212 units) on 13.8 acres. Therefore, the overall density is 15.36 units per acre. The addition of one unit would change the density to 15.43 units per acre. Therefore, staff feels the addition of this unit does not impact the density of this area in any way. There is also sufficient parking in the area for this additional dwelling unit. West Valley City Planning Commission October 26, 2011 Page 10 As previously mentioned, the residential unit was added to this building without a building permit. Therefore, if the use is approved some modifications will need to made to the structure to comply with current building codes. This issue would be resolved when the applicant applies for a building permit. The building itself was constructed in 2002, prior to any design guideline requirements, and therefore does not meet the Multi-Family Residential Design Standards that were adopted in 2004. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. A building permit must be obtained for the Dwelling Unit. 2. This unit may only be occupied by someone providing management and maintenance for properties within the Lakepark development. 3. The property owner and property manager must both attend the WVC Good Landlord training and be members of the Good Landlord Program. 4. The property shall be maintained in accordance with the West Valley City Code and Good Landlord Program. 5. There must be a dumpster provided within the dumpster enclosure adjacent to the building and this area shall be continuously maintained and free of trash and graffiti. 6. Must meet requirements of all effected departments and agencies. 7. No commercial uses are allowed within this building. 8. If the conditions are violated, the dwelling unit must be removed from the building. 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. Denial, this is not an appropriate use for this location and the residential unit must be removed. Applicant: Chad Smith 155 Aspen Terrace Park City, UT Discussion: Jody Knapp presented the application. Phil Conder asked what a typical penalty is for violating the Good Land Lord Program. Jody replied that the Good Land Lord Program requires that no violations or calls for service from the Police Department be made. Claire Gillmor added that people who participate in the West Valley City Planning Commission October 26, 2011 Page 11 program receive a break on business license fees. She explained that if someone were to be removed from the program, they would be required to pay the City back the fees that were cut. She added that in this case, with the Good Landlord Program potentially being a requirement per Planning Commission approval, the conditional use would also be violated and the residential dwelling would need to be removed. Barbara Thomas asked if it is required that people participate in the Good Landlord Program. Jody replied that it is not required and added that participants must attend a one day training to be admitted into the program. Jack Matheson asked if additional interior work will need to be done to obtain a building permit for the residential dwelling. Jody replied yes and added that the big issue will be separation of uses. She indicated that there will be no auto uses allowed and all walls will need to be fire rated. Jack Matheson asked if the attic area is being utilized as living space. Jody replied yes and indicated that there is a bathroom and open bedroom. Harold Woodruff asked where the applicant would appeal if this application were denied by the Planning Commission. Claire replied that the appeal would go through the Board of Adjustment. Harold Woodruff asked if the Board of Adjustment would be able to modify the decisions made by the Planning Commission. Claire replied that the Board of Adjustments could look at the same criteria and could modify the decision. Barbara Thomas asked if dumpsters are required in four-plex units. Jody replied that there is an enclosure and this building is for onsite maintenance so it would make sense to have one here. Chad Smith, the applicant, stated that the people residing in the residential dwelling help him maintain his properties in the neighborhood. He stated that he feels his properties are the most maintained in the neighborhood. Mr. Smith stated that without the residential unit, he doesn’t know what else could be done with the building aside from removing it. Jack Matheson asked if residents sign a contract with Mr. Smith on the properties he manages. Mr. Smith replied that there are general requirements (such as no broken down cars in driveways, building must be maintained outside and inside, etc) that residents must agree to meet prior to moving in. He added that he has a legal counsel that helps him with evictions. Commissioner Thomas asked if Mr. Smith feels the people living in the dwelling unit do a good job maintaining his properties. Mr. Smith replied yes and stated that there is less graffiti, grounds are maintained, and there is less gang activity in the area. Mr. Smith stated that it is difficult for him to be the only one with a dumpster in the neighborhood because everyone will dump their items and he becomes responsible for removing all the trash. Commissioner Conder asked if Mr. Smith is currently a member of the Good Landlord Program. Mr. Smith replied that he was unaware of this program until this year but he does plan on becoming a part of it. Jack Matheson stated that he understands the applicant’s concern regarding the dumpster. Jody replied that it is difficult to require dumpsters elsewhere in the community because the neighborhood was approved in the 1970’s, prior to the City’s incorporation. Brent Fuller suggested locking the dumpster enclosure up. Jody stated that this would be possible but added that people will still likely throw trash over. Harold Woodruff suggested giving the applicant a choice of having the dumpster or removing the enclosure. West Valley City Planning Commission October 26, 2011 Page 12 There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Conder moved for approval subject to the 9 conditions listed by staff and modifying conditional number 5 to state: There must be a dumpster provided within the dumpster enclosure adjacent to the building and this area shall be continuously maintained and free of trash and graffiti or the dumpster enclosure must be removed. Commissioner Woodruff seconded the motion. Roll call vote: Commissioner Conder Yes Commissioner Matheson Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –C-37-2011 – Approved PLANNING COMISSION BUSINESS Approval of minutes from October 12, 2011 (Regular Meeting) Approved Approval of minutes from October 19, 2011 (Study Session) Approved There being no further business, the meeting adjourned at 4:50 p.m. Respectfully submitted, _____________________________________ Nichole Camac, Administrative Assistant