Planning Commission Meeting

WEST VALLEY CITY PLANNING COMMISSION MINUTES December 14, 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, Terri Mills, Phil Conder, Joe Garcia, and Imaan Bilic ABSENT Barbara Thomas WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Lee Logston, Steve Lehman, Jody Knapp, Kevin Despain, and Nichole Camac AUDIENCE Approximately seventeen (17) people were in the audience West Valley City Planning Commission December 14, 2011 Page 2 GENERAL PLAN CHANGE APPLICATION GP-1-2011 West Valley City General Plan Amendment Appendix B: 2011 Moderate Income Housing Plan BACKGROUND: Utah municipalities are required by law to perform a biennial review of the moderate income housing element of their General Plans. The 2011 Moderate Income Housing Plan addresses the following points: 1. An estimate of the existing supply of moderate income housing within West Valley City 2. An estimate of the need for moderate income housing for the next five years 3. A survey of total residential land use 4. An evaluation of how existing land uses and zoning affect the opportunity for moderate income housing 5. A description of West Valley City’s program to encourage an adequate supply of moderate income housing In addition, our moderate income housing includes a section on West Valley City demographics and population trends. SUMMARY: Our analysis uses both 2009 American Community Survey data and 2010 Census data. Any 2009 housing, rent, and income data is adjusted by various local growth or decline factors to provide approximate 2010 figures. The 2010 adjusted median household income for Salt Lake County is calculated to be $57,861. Moderate income housing is defined as that which is affordable to those making 80% of the County median household income, or $46,289. As up to 30% of a household’s monthly income can be used for housing, this means a moderate income household would have $1,157 per month for housing. Based on a survey of current and planned land use and zoning, it was determined that at the end of 2010, West Valley City has 24,332 moderate income housing units (64.8% of total West Valley City units), well in excess of the calculated need of 14,731. In fact, this is so much of a surplus that we feel it meets our estimated requirements for the next five years, based on population growth estimates and building trends. Applicant: West Valley City Discussion: Lee Logston presented the application. Phil Conder asked if the Planning Commission is actually approving the plan. Steve Pastorik replied that the Planning Commission is approving the update and modifying the General Plan. West Valley City Planning Commission December 14, 2011 Page 3 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 Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –GP-1-2011 – Approved SUBDIVISION APPLICATION S-9-2011 The Shoppes at Lake Park Phase 2 – Amending Lots 2 & 3 2913 South 5600 West C-2 Zone BACKGROUND Ryan Gasser, representing the property owner, is requesting a plat amendment for lots 2 and 3 of the Shoppes at Lake Park Phase 2 Subdivision. The purpose for the amendment is to consolidate said lots and to vacate the existing public utility easement. STAFF/AGENCY CONCERNS: There are no staff or agency concerns with this application. ISSUES: The Shoppes at Lake Park Phase 2 Subdivision was recorded with the Salt Lake County Recorder’s Office in June 2007. The subdivision plat consists of 5 lots of varying sizes to accommodate a variety of uses associated with the commercial subdivision. To date, lot 1 is occupied with retail shops and a restaurant. The other lots are presently vacant. The property owner has been approached by a potential buyer of lots 2 and 3. The proposal is to construct a new building on lots 2 and 3 for use as a restaurant and retail spaces. Normally, the owner could record a deed combining both lots into one. However, in this case, an existing public utility easement is running east/west between lots 2 and 3. The only way to remove the easement is to amend the plat and vacate the easement. There are no staff or agency concerns with this application as they have been addressed as part of the original subdivision application. Furthermore, future land development within the 5600 West Overlay Zone will be reviewed as a conditional use by the Planning Commission. West Valley City Planning Commission December 14, 2011 Page 4 Plat amendment applications require that the Planning Commission forward a recommendation on to the City Council. Once reviewed and approved by the Council, the amended plat will be recorded to remove the common property line and vacate the public utility easement. STAFF ALTERNATIVES: A. Approval of the plat amendment. B. Continuance to allow for more discussion regarding the application. Applicant: Trevor Gasser Present but no comment Discussion: Steve Lehman presented the application. The applicant had nothing further to add. The Planning Commission had no further questions or concerns. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Woodruff moved for approval. Commissioner Bilic seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –S-9-2011 – Approved CONDITIONAL USE APPLICATIONS 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 application was continued from the September 28th meeting to allow time for the applicant to submit an updated site plan, resolve the access issues with UDOT and provide a more detailed building elevation for the 3500 South façade. West Valley City Planning Commission December 14, 2011 Page 5 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 is 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 that will connect to his existing commercial center to the east. There will be two buildings on site. The architecture will consist of brick, stone, stucco and tile roof accents, similar to the existing buildings of Phase 1 and 2 of Saigon Market. The buildings shall all comply with the Commercial Design Standards. Enhancements have been added to the façade along 3500 South, per the Planning Commission recommendations from the previous meeting, and is now in compliance with the Commercial Design Standards . There will be one single story building that is 8930 square feet, and one 2-story building towards the back of the site that will be 8565 square feet, for a total square footage of 17,495. Two restaurant spaces are proposed for this site, totaling 5,100 square feet and the remaining space will be retail or office uses. Therefore, 106 parking spaces are required for this development. There are 52 spaces provided on this site therefore, the applicant will be utilizing the shared parking standards to accommodate the parking need. The total parking required for the entire complex is 243 spaces. There are currently 185 spaces on the existing site, 7 additional spaces will be added there. Combined with the 52 for this phase, there is a total of 244 spaces provided for the entire development. Currently, the access is shown on the west side of the site right at the property line. Typically, a 20’ setback is required from adjacent properties. However, if this location is specified and approved by UDOT then that setback requirement can be waived. Public Works has expressed some concerns over how the access will be completed on the adjacent site. This issue will be resolved as the details are further worked out with UDOT and the final plans are approved. The landscaping requirement for this site is 13.5%, which includes the 3500 South Streetscape requirements. The applicant will provide an internal pedestrian walkway system throughout the site that ties the two buildings together as well as the streetscape. This area 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 10’ setback is required for areas adjacent to this residential boundary. This setback must be landscaped with at least one tree planted every 30’ and three shrubs planted per tree or sod. The maximum height of buildings allowed at this minimum setback is 20’. For every additional foot in height above this, the building must be setback and additional foot and that area must also be landscaped accordingly. A 6’ masonry or concrete wall is required along the property adjacent to these West Valley City Planning Commission December 14, 2011 Page 6 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 elevations must be designed per the Commercial Design Standards. 2. All signage must comply with the West Valley City Sign Ordinance. 3. The landscaping and pedestrian circulation must be completed per the approved site plan and in accordance with applicable standards in the West Valley City Municipal Code including but not limited to the standards for Landscaping Along High Image Arterials. 4. Must provide written approval from UDOT regarding the location of the access to this site and the design shall be approved by West Valley Public Works. 5. The dumpster location shall be at least 20’ from any residential boundary and completely secured with a 6’ masonry enclosure. 6. All mechanical equipment must be properly screened. 7. All lighting shall be designed per Title 7 and not negatively impact adjacent residential uses. 8. A 6’ concrete or masonry wall shall be installed along all residential zone boundaries. 9. There must be adequate parking on site for the proposed tenant mix. The parcels shall either be consolidated or a permanent cross access agreement shall be established and recorded for the shared parking use. 10. Directional signs shall be provided throughout the parking lot to direct traffic to the parking along the rear of the building and to the adjacent site. 11. Must meet requirements of all effected departments and agencies. 12. Subject to review upon valid complaint. Applicant: Ut Nguyen Present but no comment West Valley City Planning Commission December 14, 2011 Page 7 Discussion: Jody Knapp presented the application. Jack Matheson stated that removing the landscaping in the parking island could widen the access by 5 to 6 feet. He stated that UDOT will have the final say but he feels this would be a good solution for maneuverability. Phil Conder asked how wide the landscaping island is. Jody replied approximately 9 feet. Commissioner Conder suggested keeping some landscaping as a buffer. Commissioner Matheson suggested stamped concrete. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Matheson moved for approval subject to the 12 staff conditions and the recommendation of widening the access by reducing the size of the parking island and eliminating the landscaping in the island. Commissioner Garcia seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –C-17-2011 – Approved C-39-2011 Wal-Mart (Tracy Price) 3180 S. 5600 West C-2 Zone (20.61 Acres) Introduction: The applicant, Tracy Price, representing Wal-Mart, is requesting a conditional use amendment to allow for the use of temporary outside storage containers. These containers are used as part of the layaway program that is provided for customers during the holiday season. The zoning for this area is C-2. The West Valley City General Plan anticipates General Commercial uses for this area. The surrounding zone is RM to the west (future right-of-way for Mountain View Corridor), and the remaining sides are C-2 (commercial retail). History: • This site was originally approved as a conditional use in July, 2001. The site plan that was approved did not include an area for temporary outside storage containers. West Valley City Planning Commission December 14, 2011 Page 8 • In November of 2003, an amendment (C-51-2003) was brought before the Planning Commission after Wal-Mart received a notice regarding the prohibited use of outside storage containers. • The amendment was approved with the following condition: “Allow the thirty (30) containers within and area designated as alternative “A” for November and December 2003, based on receiving a letter from Wal- Mart assuring the addition to the existing building or a new building would be constructed to provide a permanent storage facility. A conditional use amendment should be submitted no later than April to allow for sufficient approval and the addition to the existing building or a new building should be completed no later than October 2011. If a separate building is required, it should be located in the northwest parking lot area of the Wal-Mart, subject to Planning Commission approval.” • In October, 2004 (C-48-2004) a conditional use amendment was submitted for a 10,000 square foot stockroom addition to accommodate the additional square footage needed for the holiday layaway program. This application was approved with the following conditions: 1. Temporary layaway storage containers will be permitted until January, 10, 2005. 2. The temporary storage containers shall be located along the south rear corner of the building. 3. There will be no further approvals granted for temporary storage containers after the January 2005 deadline. • January 2005, construction documents were submitted for a building permit. • August 8, 2006 West Valley City was informed that the Wal-Mart home office stopped the construction process for the stockroom addition. • No further applications were made for temporary outside storage or for a building addition after this date. • Planning and Zoning was contacted earlier this spring by the new Wal-Mart store manager, Jason Craig. We discussed the history of the container use on this property and copies of the file were given to Mr. Craig, as well as a conditional use packet. • On September 6th, Mr. Craig attended a Development Meeting with another Wal- Mart manager. Several proposals were discussed for the location of the temporary containers, because a store addition is not feasible at this time. The conditional use process was discussed further and Staff gave some recommendations on proposals to present to the Planning Commission and again, re-iterated that the use of temporary storage containers was not permitted. • On November 3, 2011 a courtesy notice was issued to Wal-Mart for use of the containers without approval. West Valley City Planning Commission December 14, 2011 Page 9 • November 14, 2011 the application for a conditional use amendment was submitted. Present: Wal-Mart has indicated that the layaway program is very important to them and their customers and is a heavily used service. This program typically runs for about 90 days, from October through December 31st every year. Therefore, they feel a large stockroom addition would not be worth the investment because it would not be fully utilized for a large portion of the year. They have proposed to locate a maximum of 24 containers along the west side of the site. This area is not visible from 5600 West or 3100 South (Brud Dr.) and is directly adjacent to the future Mountain View Corridor project. Staff Alternatives: Approval, subject to the resolution of any issues raised at the public hearing and the following conditions. 1. Containers shall be permitted annually, from October-December only. 2. The containers shall be placed along the west side of the site directly adjacent to the building and are not permitted anywhere else on the site. 3. There shall be no more than 24 containers stored on site and the containers shall not be stacked on top of each other at any time. 4. All building and Fire Code requirements shall be met. 5. The containers shall not block any access points along the building or obstruct vehicular traffic flow. Continuance, to allow for the resolution of any issues raised at the public hearing. Denial, as this use is not appropriate for this location. Applicant: Applicant: Jason Craig Kevin Forsgren 3180 S 5600 W 3180 S 5600 W Discussion: Jody Knapp presented the application. Jack Matheson commented that storage containers used to be positioned on the south side of the building. Jody replied that they were originally placed at that location but were likely moved when the building addition was proposed. She added that this works better for employee access. Phil Conder asked if the containers extend beyond the building. Jason Craig, representing the applicant, replied that some containers do extend beyond the physical building but there is a concrete barrier for the loading dock. Commissioner Conder asked if it is possible to keep all containers directly behind the building. Mr. Craig replied yes. Joe Garcia asked if there has been any graffiti and what the procedure would be if there were graffiti. Mr. Craig replied that he hasn’t seen any but if there were graffiti on the bins the leasing company would paint the bins or replace them. Commissioner Mills stated she is concerned for employees and the safety of the merchandise and suggested incorporating a canopy onto the building. Kevin Forsgren, representing the applicant, replied that this would be difficult to West Valley City Planning Commission December 14, 2011 Page 10 accommodate when the bins are dropped off with the type of trucks and method needed for correct placement. He added that a canopy would also cause more danger with ice and draining and stated that the bins are not accessed at night. Mr. Forsgren stated that this Walmart location has taken steps to remove the danger of trucks parking in the parking lot as well as made improvements in landscaping for the site. He stated these bins are only needed for three months of the year and Walmart wants them removed as quickly as possible as they are not convenient for their staff either. Commissioner Mills commented that the parking chains stop customers from utilizing the parking lot as well. Mr. Forsgren replied that regular cars are still able to fit through the chains in certain locations. Mr. Craig added that chains are removed during major events and holidays. Harold Woodruff asked if the Mountain View Corridor will eventually run directly behind Walmart. Jody replied yes and added that the road will be elevated at this location. Commissioner Mills stated that she is concerned about approving this use indefinitely. Phil Conder stated that this can’t be a temporary use because conditional uses run with the land. Commisioner Woodruff stated that he is concerned with the bins behind the building and this area looking like a truck area instead of a commercial zone from the Mountain View Corridor. Commissioner Matheson asked if there is a masonry wall. Jody replied yes and added that incorporating additional landscaping may help alleviate some concerns. Commissioner Mills stated that this is not an enhanced building and stated that this will be an impression of the City for commuters on the Mountain View Corridor. Mr. Forsgren stated that this is the back of a building and people will be seeing that regardless of whether there are bins or not. He added that people will also be seeing the back of Sears, Fresh Market, etc. Mr. Forsgren stated that additional landscaping can be incorporated. Commissioner Mills stated that there is still no determination on whether a sound wall will be constructed on this portion of the freeway. Phil Conder stated that the bins are only on site for 3 months a year but during the summer months the nursery tends to expand into the parking lot. Mr. Forsgren replied that it is expensive to add on to the building and many plants function better outside. Commissioner Mills stated that she feels there needs to be a time restraint on this issue until more can be determined about the Mountain View Corridor. Claire Gillmor stated that conditional uses run with the land so it would not be appropriate to place a time limit on approval. Commissioner Matheson asked if there is still a 24 foot access on the west side of the building. Mr. Forsgren replied yes. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Conder moved for approval subject to the 5 items listed by staff, modifying item number two to state: The containers shall be placed along the west side of the site directly adjacent to the building and are not permitted anywhere else on the site. The containers shall not extend past any portion of the building. Commissioner Matheson seconded the motion. West Valley City Planning Commission December 14, 2011 Page 11 Roll call vote: Commissioner Bilic No Commissioner Conder Yes Commissioner Garcia No Commissioner Matheson Yes Commissioner Mills No Commissioner Thomas No Commissioner Woodruff No Chairman Fuller Yes Majority –C-39-2011 – Fails Chairman Fuller called for a second motion. Motion: Commissioner Conder moved for approval subject to the 5 items listed by staff, modifying item number two to state: The containers shall be placed along the west side of the site directly adjacent to the building and are not permitted anywhere else on the site. The containers shall not extend past any portion of the building. He added an additional condition number 6 that states: a landscaping plan for the west boundary of the property shall be reviewed by the Planning Commission in a Study Session. Commissioner Matheson seconded the motion. Roll call vote: Commissioner Bilic No Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Mills No Commissioner Woodruff No Chairman Fuller Yes Majority –C-39-2011 – Approved C-41-2011 J&N Pawn (Ryan Swanson) 3380 S. Redwood Road C-3 Zone (2.8 Acres) The applicant, Ryan Swanson, is requesting a conditional use amendment to operate a pawn shop business at 3380 S. Redwood Road in an existing commercial building. This property is in a transitional commercial (C-3) zone and the West Valley City General Plan designates this area as General Commercial. The adjacent properties to the north and south are also zoned C-3, and it is zoned C-2 to the east. The surrounding uses include The Westerner to the north, a retail mattress store to the south, and more retail to the east across Redwood Road. There is existing residential (R-1-6) to the northwest, however it is not directly adjacent to West Valley City Planning Commission December 14, 2011 Page 12 this use. J&N Pawn is currently operating at 2688 S. Redwood Road and wishes to relocate to this location. This business is a pawn shop only and does not provide check cashing, car title loans or payday loan services. The building is approximately 3,000 square feet and there is one employee in addition to Mr. Swanson. The hours of operation are Monday - Friday, 9:30- 6:00 and Saturdays from 9:30-4:00. There is parking provided immediately adjacent to the building and there are several large potholes throughout this area. Staff recommends that these areas be repaired and that at least 10 parking stalls for this use be striped. There is a large existing parking area along the eastern portion of this site that is in need of improvement, however that will not be reviewed as part of this application. Wall signage is proposed for this site and the applicant plans on re-using the sign from the existing location. All signage shall comply with the West Valley City Sign Ordinance, to include no more than 15% signage on the front building face, and 5% on the remaining sides, and no more than 50% of the window area covered in signs. A building permit must be issued for all wall signage. There are several places on site for landscaping however, these area have not been maintained. Staff recommends that these area be re-planted with at least 50% live plant material and that 2 trees be planted along Redwood Road per the Standards for Landscaping along high-image arterials. The site will not be modified at this time so the Redwood Streetscape standards are not applicable. It appears that there is currently not a dumpster on site. If one is to be located here, it shall be secured within a 6’ masonry enclosed. Staff Alternatives: Approval, subject to the resolution of any issues raised at the public hearing and the following conditions. 1. This approval is for a pawn shop only and does not include any type of check cashing or deferred deposit loan service. 2. A business license must be obtained for pawn services. 3. There shall be no outside storage or display of merchandise at this site. 4. There shall be at least 10 parking spaces hard surfaced and striped in accordance with West Valley City standards for this business. 5. The parking area and property entrance shall be properly maintained and free of potholes by April 30th, 2012. West Valley City Planning Commission December 14, 2011 Page 13 6. All signage shall comply with the West Valley City Sign Ordinance, to include no more than 15% signage on the front building elevation and 5% on the remaining sides, and no more than 50% of the window area covered in signs. 7. If a dumpster is provided for this use on site, it must be placed in a 6’ tall masonry enclosure. Continuance, to allow for the resolution of any issues raised at the public hearing. Denial, this is not an appropriate use for this location. Applicant: Neutral: Favored: Ryan Swanson Nancy Nell Jason Hook Present but no comment 3594 S Redwood Rd. 3360 S Redwood Favored: Paul Evans 8309 S 1890 W West Jordan, UT Discussion: Jody Knapp presented the application. Nancy Nell, a neighboring pawn shop owner, stated that that there are too many pawn shops in this area. Terri Mills replied that typically pawn shop owners state that many neighboring pawn shops can actually help business. Ms. Nell replied that she feels it could hurt her business. Jack Matheson stated that property owners have a right to do what they want with their property as long as it conforms with standards and zoning. A neighboring property owner stated that he feels this will be a good location for this pawn shop. He added that typically pawn shops work hand in hand with one another and refer customer to each other regularly. Jason Hook, the property owner, stated that he has been trying to get a viable tenant into this building so that he will have the funds to improve it. He stated that he feels this will be a good and successful business that will bring in the revenue needed to remodel and improve the site and building. Jack Matheson asked if the Westerner Bar (directly next to this property) shares the parking lot. Mr. Hook replied yes and stated that the bar opens at 6pm while the pawn shop will close at 6pm. Paul Evans, representing the applicant, stated that the current building J&N Pawn operates out of it a more commercial/industrial type building. He stated that they would like to vacate that building so a more appropriate tenant can lease it. He added the owners of J&N Pawn come with a great reputation. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Matheson moved for approval subject to the 7 items listed by staff and modifying item number 5 to state: The parking area and property entrance shall be properly maintained and free of potholes by May 31, 2012. West Valley City Planning Commission December 14, 2011 Page 14 Commissioner Bilic seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –C-41-2011 – Approved C-42-2011 Holiday Oil (Impact Signs) 6415 W 3500 S Bonus Sign Request C-1 Zone (1 Acre) The applicant, Holiday Oil (Impact Signs), is requesting a conditional use amendment to modify the monument sign area per the bonus sign criteria. The zoning for this area is C-1, Neighborhood Commercial. The West Valley City General Plan anticipates Neighborhood Commercial uses for this area. The zoning across the street of 6400 W to the east is also C-1, A zoning to the NE, and R-1-8 zoning surrounding on all other sides. The surrounding uses are single family residential to the south, west, and east. The property to the north is a church. This site currently has one monument sign which is oriented toward east and west traffic of 3500 S. The site does not have a pole sign. The applicant is redoing this monument sign to include the Chevron logo. The sign will situate in the same location as the current sign. Title 11 states that signage for single tenants shall be no greater than 6’ in height and 50 square feet in area. Also, 50% maximum of the signage area may be electronic messaging. The sign being proposed meets all sign requirements in terms of height, design, and setback, except for maximum signage. The sign proposed has 52 square feet. The applicant has indicated that the signs that are provided by Chevron are a very specific design and cannot be altered. However, section 11-4-111 does allow for an increase in sign area and height when certain criteria are met. If a monument sign is in a landscaped area that is four times the area of the sign base, the applicant can petition for 10 additional square feet of signage, as per part (1)(a). Therefore, the applicant is requesting a bonus for the sign square footage of 2 square feet only so they may construct a monument sign 6’ tall with 52 square feet of signage. The sign includes a 1’ foot brick base and brick columns. The area of the landscaped area must be at least four times the area of the sign and landscaped with at least 50% live plant material. The bases shall be constructed in conjunction with the signs and be completed upon West Valley City Planning Commission December 14, 2011 Page 15 final inspection of the signs. Staff Alternatives: Approval of the sign bonus for Holiday Oil, subject to the resolution of any concerns raised at the public hearing as well as the following conditions: 1. Must meet all of the requirements set forth in Title 11 of the West Valley City Municipal Code. 2. The maximum height for the sign shall be 6’, the sign area shall be no more than 52 square feet, the setback shall be at least 6’ and the 40’ clearview area maintained as indicated on the approved site plan and elevations. 3. The sign must be located in a landscaped area at least four times the area of the sign and landscaped with at least 50% live plant material. If a planter box is to be used it must be completed in conjunction with the signs and completed upon final inspection of the sign. 4. The base of the sign shall be masonry and at least one foot tall. Continuance for reasons determined at the hearing or to allow time for the applicant to submit an alternative sign design. Applicant: Applicant not present Discussion: Kevin Despain presented the application. Kevin explained the sign is not in the clearview and the berm is not an issue. Phil Conder asked how berms apply to clearview requirements. Steve Pastorik replied that clearview requirements are applied to anything above 3 feet. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Woodruff moved for approval subject to the four staff conditions. Commissioner Conder seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Mills No Commissioner Woodruff Yes Chairman Fuller Yes Majority –C-42-2011 – Approved West Valley City Planning Commission December 14, 2011 Page 16 C-43-2011 Scales and Tails (Shane Richins) 3588 S. 1950 W. Suite 13 C-2 Zone This following application is a conditional use amendment request for a reptile show facility within an existing office/warehouse complex. The zoning for this area is C-2, General Commercial, and the General Plan designates this area as General Commercial. The surrounding zone includes A to the south (Stone Creek PUD), R-1-8 to the west (Single family residential), and commercial to the north and east (office/warehouse uses). The applicant, Mr. Richins, operates a business called Scales and Tails which is a traveling reptile and bird show. They provide their services for birthday parties, school presentations and assemblies, scout events, libraries, corporate events, fairs, etc. They would like to expand their operations and include a small party room at their own facility which is located within an existing office/warehouse complex. The space is 1680 sqft (24’ x 70’) and the party area would occupy approximately 400 square feet. The building has an office, there will be 2 restrooms and then the remaining area is used to house the animals used for the business. The cages and racking system are moveable but Mr. Richins has provided a floor plan to outline how the space will be used. The party room area will be sectioned off with the cages and not separated by any permanent walls and there will be some open workshop space provided in the main portion of the building. There are seven part-time employees in addition to Mr. Richins. There are typically no more than three employees on site at any one time. There would be no more than 20 people attending the shows due to the limited space and so the animals are not stressed by too large of a group. The shows will be by appointment only so there are not any set business hours for this use. However, since this site is located within 500’ to residential they would not allowed to conduct shows after 10:00 p.m. (7-6-1012). There is also a reception center on site so events will be coordinated with this use to accommodate the parking needs for both uses. Staff Alternatives: Approval, subject to the resolution of any issues raised at the public hearing and the following conditions. 1. The shows shall be limited to 20 attendees. 2. A new floor plan shall be submitted if there are significant changes in the interior corridor layout. 3. The public shall not be permitted at this location after 10:00 p.m. Continuance, to allow for the resolution of any issues raised at the public hearing. Denial, as the site can not accommodate the additional use. Applicant: Shane Richins 1129 E Chevy Chase Dr. Murray, UT West Valley City Planning Commission December 14, 2011 Page 17 Discussion: Jody Knapp presented the application. Jack Matheson asked if there is a permit required to have these types of animals. Shane Richins, the applicant, replied that some animals do require a permit. He stated that he currently has a permit for 2 alligators and rattlesnakes. He added that he will need an additional permit for a cuckaburra bird. Mr. Richins stated that currently the alligator and iguana cage are covered with mesh but there will be a glass to separate the animals from the public. Joe Garcia asked how many animals are currently on site. Mr. Richins replied that there are 63 vertebrates and many more invertebrates. Phil Conder questioned why the applicant wants to change the limit of people from 20 to 30. Mr. Richins replied that he wants to have a buffer in case some parties have a few more people. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Garcia moved for approval subject to the three staff conditions modifying condition number one to state: The shows shall be limited to 30 attendees. Commissioner Mills seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –C-43-2011 – Approved C-44-2011 Copper Hills Constructors 6652 West 6200 South Manufacturing Zone BACKGROUND Mark Sheffield, representing Copper Hills Constructors and the property owner, Geneva Rock Products, is requesting conditional use approval for a temporary concrete batch plant to be used in conjunction with the construction of the Mountain View Corridor. The subject property is zoned manufacturing and is located in an area that is designated for manufacturing uses. ISSUES Copper Hills Constructors has provided a letter outlining the intended uses for this site. (See attached) In part, the letter explains that activities on site will include unloading and West Valley City Planning Commission December 14, 2011 Page 18 storing deliveries of concrete components to be used specifically for the Mountain View Corridor. In order to effectively provide concrete when needed, a concrete batch plant is essential at this location. The site is currently owned by Geneva Rock Products. Both parties have entered into a lease agreement that defines the scope of work and termination date. Staff has been provided a copy of this agreement which will be kept on file on the Planning and Zoning office. The segment of road that Copper Hills will be responsible for will be completed by the end of 2012. Upon termination of the lease, Copper Hills will remove any and all stockpiled aggregates, machinery, fixtures and any other solid or liquid products brought to the site. They will then restore the site to equal or better conditions that what presently exists. During the study meeting, a question was asked about the control of blowing dust. Copper Hills responded that water trucks will be provided for dust control for any operation in their project. They further stated that a dedicated water truck will be provided for the concrete plant and its haul route. Any aggregate storage piles will be suppressed with water sprinklers and the concrete plant is equipped with a bag house to contain dust when mixing. STAFF ALTERNATIVES: A. Grant conditional use approval for a temporary batch plant to be operated by Copper Hills Constructors. Said approval shall be in accordance with conditions of any affected City Departments or other agencies. B. Continuance, to allow for the resolution of any issues raised at the public hearing. Applicant: Mark Sheffield 5680 Dannon Way Discussion: Steve Lehman presented the application. Terri Mills asked what type of noise is generated from this use. Mark Sheffield, the applicant, replied that there will be mixing of aggregate, truck traffic, and various machinery. Commissioner Mills asked what the hours of operation are. Mr. Sheffield replied that business hours are typically 7 am to 6 pm and the county determines when actual paving can be done. He added that noise permits may have to be acquired. Commissioner Mills asked if any noise will affect residents. Mr. Sheffield replied that there are areas where homes are closer to the plant and no problems have been reported. Commissioner Mills asked where the off-site materials will come from. Mr. Sheffield replied materials are scheduled to come from 5400 South. Jack Matheson asked if U-111 can be accessed from this site. Mr. Sheffield replied that it is possible but difficult to access because there are no deceleration or acceleration lanes on U-111, safety would be an issue for large trucks coming or going from this street There being no further discussion regarding this application, Chairman Fuller called West Valley City Planning Commission December 14, 2011 Page 19 for a motion. Motion: Commissioner Matheson moved for approval of staff alternative A. Commissioner Woodruff seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –C-44-2011 – Approval C-45-2011 Dahn Sushi Restaurant 3353 South Decker Lake Dr. C-2 Zone (1.1 acres) Hyae Sin Park is requesting a conditional use amendment to add liquor to an existing conditional use permit for a restaurant (formerly Training Table) at 3353 South Decker Lake Dr. The property is zoned C-2 (general commercial), falls within the Commercial Overlay Zone and the General Plan anticipates entertainment uses. Surrounding zoning includes C-2 to the north, west and south and R-1-6 (single family residential, minimum lot size 6,000 square feet) to the east. The surrounding uses are Hale Centre Theatre to the north, restaurants to the west and south and single family residential to the east. Included with this report is a letter from the applicant that describes the business. On the issue of adding liquor, this location meets the separation requirements from schools, churches, libraries and parks and is near other businesses that serve liquor, such as The Puck and Applebees. The Commercial Overlay Zone states that: “building quality of materials and colors are intended to compliment the Arena.” The applicant plans to make some changes to the building to reflect the new restaurant. Two remodel options were submitted. Both options include color schemes which, in the opinion of staff, are complimentary to the Maverik Center. The first option, which is the applicant’s preferred option, would be to remove the awnings on the building and include a trellis or other treatment between the windows that would allow vines to grow up close to the building. The second option would be to replace the awnings with new ones that are a different color. The applicant has provided illustrations for the two options (less the trellis feature). Staff Alternatives: West Valley City Planning Commission December 14, 2011 Page 20 1. Approval, subject to the remodel plan described above as option 1 and a condition that a sign permit be obtained for any new signs. 2. Approval, subject to the remodel plan described above as option 2 and a condition that a sign permit be obtained for any new signs. 3. Continuance, for reasons determined during the public hearing. Applicant: Hyae Sin Park Present but no comment Discussion: Steve Pastorik presented the application. Phil Conder questioned whether another property owner in the future will be able to sell alcohol at this location since a conditional use runs with the land. Steve replied yes. Commissioner Conder commented that certain areas should be approved to serve alcohol. Steve Pastorik stated that a restaurant with alcohol is a conditional use instead of a permitted one in the ordinance. Claire Gillmor stated that the code was written purposefully this way so the Planning Commission could have the option to impose conditions based on how the selling of alcohol in certain locations can affect land use. Terri Mills stated that she prefers the elevations with awnings. Joe Garcia disagreed and stated that he prefers the flat surface because he feels it sets the building apart from the Training Table. Phil Conder stated that he doesn’t have a preference either way. Harold Woodruff stated that he likes the flat building because it gives the restaurant its own identity. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Mills moved for approval of staff alternative option 1 or 2 as determined by the applicant. Commissioner Woodruff seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –C-45-2011 – Approved C-46-2011 Coventry III/Satterfield Helm Valley Fair, LLC 3601 South Constitution Blvd. (2700 West) West Valley City Planning Commission December 14, 2011 Page 21 Megaplex Theatres at Valley Fair Mall C-2 Zone Coventry III/Satterfield Helm Valley Fair, LLC, the owner of the Valley Fair Mall, is requesting a conditional use permit to redevelop the old Mervyn’s building at the Valley Fair Mall, located at 3601 South Constitution Blvd. (2700 West) into a Megaplex Theatre with 15 screens including an IMAX theatre and 3,236 seats. The property is zoned C-2 (general commercial) and is classified as traditional and regional retail in the City Center Vision Plan, which is part of the West Valley City General Plan. The existing Mervyn’s building, which has a footprint of 46,341 square feet and a total square footage of 92,682, will be demolished along with a portion of the mall building to make way for the Megaplex Theatre, which has a footprint of 98,500 square feet and a total area of 112,979 square feet. The mall owners will also be renovating the east façade of the mall as well as renovating the interior of the mall as part of this phase of construction, which will begin in the spring of 2012. The remaining areas of the mall that will develop at some point in the future include the west side of the mall between JCPenney and the main mall entrance and the vacant parcel between Costco and Office Depot. Project Review Parking Areas The latest mall site plan indicates a total of 3,861 parking spaces. The attached spreadsheet entitled “Valley Fair Mall Parking Analysis” shows how even at the peak parking demand time of weekday evenings, there is sufficient parking. Areas of the parking lot will need to be restriped to make way for the expanded building footprint. Designated pedestrian crossing should be added to the site plan and any old striping needs to be removed. New lighting is also proposed in the east parking area similar to what was done for the west parking area. Along the northeast portion of the mall property there is an approximately 6’ wide landscaped space between the perimeter parking lot curb and the property line that curves to the south. This landscape space needs to be replanted/repaired due to damage or lack of maintenance. Architecture The Megaplex Theatre meets the commercial design standards through the use of building offsets/projections, columns, awnings, different materials, different colors, different material patterns, arches, varying parapet wall heights, and a cornice treatment. One concern from staff is the proposed use of perforated metal as the material for the rooftop screen wall to hide the mechanical equipment. Staff suggests the use of EIFS (stucco), fiber cement board or other similar material to better match the building. The façade remodel of the east side of the mall is not required to meet the commercial design standards; however, the proposed remodel will match what was done on the west side of the mall and is certainly an improvement. West Valley City Planning Commission December 14, 2011 Page 22 Signage Proposed signage consists of an IMAX wall sign and a tower marquee on the east elevation and a video screen by the entrance on the north elevation. The IMAX wall sign meets the sign standards for size. The tower marquee is unique in that it doesn’t really fit into one the categories (monument, pole or wall sign) defined in the sign ordinance. In terms of the size, the lettering is within the allowed area for a wall sign. The bonus sign area section of the sign ordinance does allow an applicant to “submit an alternative sign plan or design for unique and special circumstances, provided such sign(s) achieves the intent of the above standards and this Ordinance.” This development is unique in that the Valley Fair Mall is the only regional shopping center in the City. Staff also believes that a unique sign like the one proposed will help in changing poor image of the existing east side mall façade. As far as meeting the intent of the standards of the bonus sign area, this sign meets at least two of those standards: 1) rock columns are used as a vertical support and 2) the sign has a unique overall design. The video screen can utilize animated animation but not video animation as defined in the sign ordinance. This means that an image must be displayed for a minimum of six seconds and fades, for duration of at least three seconds into the subsequent image. Continuous movement, such as video clips are not allowed. Staff Alternatives 1. Approval of the conditional use subject to the following: • The applicant must receive approval from all applicable agencies and City departments. • Signage is approved as submitted (or as modified by the Planning Commission) except that video animation is not allowed on the video screen. • The building shall be built substantially like the elevations submitted. • Landscaping shall be installed substantially as indicated on the landscape plan except that the mulch depth shall be increased to 4”. • New parking lot lighting shall be installed in the east parking lot and shall meet the City’s minimum lighting levels. • All old parking lot striping in the east parking lot shall be removed. • Designated pedestrian crossings shall be added to the parking lot. • At least 30 bike parking spaces shall be provided as indicated on the site plan. • Rooftop mechanical equipment shall be screened from view from I-215 through the use of a rooftop screen wall. Prior to the installation of the screen wall, the applicant shall submit material samples to be reviewed and approved by the Planning Commission. • The approximately 6’ wide landscaped space along the northeast portion of the property shall be replanted where trees and shrubs have died, are damaged or have been removed. Prior to the installation of new landscaping, the landscape plan shall be updated to reflect this area. 2. Continuance, additional information is needed. Applicant: Applicant: West Valley City Planning Commission December 14, 2011 Page 23 Brian Hanson Johnny Arbuckle 3601 S 2700 W 3601 S 2700 W Discussion: Steve Pastorik presented the application. Jack Matheson stated that he does not believe the video screen on the building should be referred to as signage. He stated that the screen is not visible from a public right of way and people driving past it would not be able to see any words displayed on the screen. He stated that the only people able to view it will be pedestrians entering the theatre. Commissioner Matheson stated that the bonus sign criteria allows a sign plan for unique and special circumstances. He indicated that he believes this video screen would fall into that category. Steve Pastorik replied that video screens are clearly defined in the ordinance with a specific time frame of transition between images. Steve provided a description of what constitutes a sign. Phil Conder asked if the sign ordinance applies to the interior of the mall. Steve replied no. Commissioner Matheson asked if there is anything in the ordinance that addresses the view of a sign from the public right of way. Steve replied no. Harold Woodruff suggested incorporating the screen inside a glass vestibule. Terri Mills stated that she feels the video screen is a sign because it is projecting a message to the public. Commissioner Conder stated that he likes the idea of the video screen but it would be wise to use caution so a precedence isn’t set throughout the City. Brian Hanson, representing the applicant, stated that the video screen is meant to draw people to the entrance. He stated that with the design of the building it may be difficult for people to know where to go. Commissioner Conder asked if there will be sound coming from the video screen. Mr. Hanson replied no. Commissioner Conder asked what the resolution would be like. Mr. Hanson replied that it will be very high definition, clear screen. Brent Fuller asked if there will be anything other than movie trailers displayed on the screen. Mr. Hanson replied there likely won’t be any outside advertising on this screen. Chairman Fuller stated that this is a family oriented mall and questioned what type of trailers will be displayed. Mr. Hanson replied that everything is closely regulated and will be PG and under. Johnny Arbuckle, representing the applicant, stated that it may be a good idea to conduct a line of sight distance study. He indicated that the video screen is not a draw from the roadway. Commissioner Fuller asked how big the sign is. Mr. Arbuckle replied that it will be 7 by 13 feet. Harold Woodruff asked if the landscaping and improvements to the mall is cost effective. Steve replied that everything was proposed by the applicant who would like to do the remodeling. Commissioner Mills stated that she feels the improvements provide a safer and more inviting feel. Phil Conder asked if cell towers will be allowed on this building. Steve replied that there could potentially be cell towers on the building but this will be dealt with in the future. Brian Hanson stated that no equipment will be seen from the roof. There being no further discussion regarding this application, Chairman Fuller called for a motion. Motion: Commissioner Woodruff moved for approval subject to the 10 staff conditions modifying condition number two to state that all signage must comply West Valley City Planning Commission December 14, 2011 Page 24 with the sign ordinance and modifying condition nine to state that rooftop screening will not be needed if approved by staff. Commissioner Bilic seconded the motion. Roll call vote: Commissioner Bilic Yes Commissioner Conder Yes Commissioner Garcia Yes Commissioner Matheson Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Fuller Yes Unanimous –C-46-2011 – Approved PLANNING COMISSION BUSINESS Approval of minutes from October 26, 2011 (Regular Meeting) Approved Approval of minutes from November 2, 2011 (Study Session) Approved Approval of minutes from November 9, 2011 (Regular Meeting) Approved Approval of minutes from December 7, 2011 (Study Session) Approved There being no further business, the meeting adjourned at 6:25 p.m. Respectfully submitted, _____________________________________ Nichole Camac, Administrative Assistant