Planning Commission Meeting

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES May 8, 2013 The meeting was called to order at 4:00 p.m. by Chairman Phil Conder at 3600 Constitution Boulevard, West Valley City, Utah WEST VALLEY CITY PLANNING COMMISSION MEMBERS Brent Fuller, Terri Mills, Phil Conder, Joe Garcia, and Barbara Thomas ABSENT Harold Woodruff, Jack Matheson, and Imaan Bilic WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Steve Lehman, Jody Knapp, Kevin Despain, and Nichole Camac AUDIENCE Approximately thirty-five (35) people were in the audience 3600 Constitution Blvd. West Valley City, UT 84119-3720 Phone (801) 966-3600 Fax (801) 963-3559 West Valley City Planning Commission Page 2 ZONE TEXT CHANGE APPLICATIONS ZT-4-2013 West Valley City Amending the Commercial Overlay Zone (Sections 7-22-100P through 7-22-104) Staff is proposing an update to the Commercial Overlay Zone, which covers the area between I-215 and approximately 2080 West and from 3500 South to roughly the power corridor north of 3100 South. The Commercial Overlay Zone was first adopted in 1996 as the first overlay zone in the City. As a reminder, an overlay zone is an area where certain additional requirements are superimposed upon a base zoning district or underlying zoning district and where the requirements of the base or underlying district may or may not be altered. The Overlay Zone was put in place just as the area around the Maverik Center was being developed. Looking back at the original documentation supporting the Overlay Zone, it was intended to create a unique, memorable area through the promotion of several consistent themes – landscaping, sidewalks, lighting and building colors/materials. The first seven use limitations were included in the original ordinance. The last five use limitations were added in 2002. Much has changed since the Commercial Overlay Zone was adopted. Many of the hotels and restaurants in the area were built in the late 90’s. Today, there are only five vacant parcels remaining in the Overlay Zone. There is now a clear land use theme of entertainment, restaurants and hospitality. In 2004, the City adopted commercial design standards that included architectural standards which in many cases were more detailed than those found in the Overlay Zone. In addition, the Decker Lake TRAX station opened in 2011. The proposed amendments to the Commercial Overlay Zone are attached to this report. Below is a summary of the changes and a brief explanation for each change: • Section 7-22-100P: This section heading was added to be consistent with the other Overlay Zones. • Section 7-22-101: The name of Decker Lake Station replaced the generic name of Commercial and plays off of the TRAX station. The land use theme of entertainment, restaurants and hospitality was added. • Section 7-22-102: The reference to “guidelines” was removed since the underlying zone requirements apply unless the Overlay Zone specifically indicates otherwise. • Section 7-22-103: This section was completely reworked. The list of requirements was restructured around the topics of architecture, landscaping, pedestrian accommodations and signage to make standards easier to find. The required plans that are referenced were removed as these items are already required. Some of the standards were eliminated because they were too vague or they are already addressed in the commercial design standards, lighting standards or other ordinances. A provision was added that prohibits parking between smaller buildings and the street to increase walkability and to promote visual compatibility along the street. Minimum tree sizes and spacing requirements were added to ensure quality landscaping. A minimum parkstrip and sidewalk width for Decker Lake Drive was added. While most properties already meet the parkstrip and sidewalk standard, there are a few that do not and these would be required to come into compliance upon any substantial modification to the site or structure on the site. The purpose of this change is to again promote walkability and a consistent streetscape. • Section 7-22-104: Four uses were added to the use limitations. These uses don’t fit the land use theme of entertainment, restaurants and hospitality nor do they provide intensity that is conducive to West Valley City Planning Commission Page 3 transit. As an example, self-storage facilities don’t support the vibrant, lively environment we are trying to support nor do they generate any transit users. During the study session, a question was raised about the purpose of the use limitation on commercial outdoor recreation. The term “outdoor recreation” is defined in the Zoning Ordinance as “recreation uses which customarily occur in an outdoor, unenclosed area, and which may be commercial or noncommercial in nature. Such uses may include golf courses, equestrian trails and facilities, campgrounds, automobile or motorcycle racetracks, rodeo grounds, and other similar uses.” One of the stated concerns in the original supporting documentation for the Overlay Zone was compatibility with the neighborhoods to the east. There are some commercial outdoor recreation uses that, if placed near the homes to the east, could create negative impacts such as noise and lights. Staff Alternatives 1. Approval of the application to amend the Commercial Overlay Zone. 2. Continuance for reasons determined during the public hearing. 3. Denial, the ordinance should remain unchanged. Applicant: West Valley City Discussion: Steve Pastorik presented the application. Terri Mills questioned how the Commissioners feel about the possibility of allowing a small outdoor use such as a miniature golf course. Phil Conder stated that he feels something small would be appropriate for the area. Steve stated that the Planning Commission can change the ordinance to prohibit outdoor recreation as a primary use but allow it as a secondary use if they choose. Motion: Commissioner Thomas moved for approval subject to prohibiting commercial outdoor recreation as a primary use. Commissioner Mills seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Chairman Conder Yes Unanimous -ZT-4-2013- Approved SUBDIVISION APPLICATIONS S-12-2013 Sunset Hills Subdivision – Phase 2A 6480 South 7130 West R-1-10 Zone 26 Lots 7.7 Acres West Valley City Planning Commission Page 4 BACKGROUND: Chris Drent, representing Arbor Gardner Sunset Hills LLC, is requesting final plat approval for the second phase of the Sunset Hills Subdivision. The subject property was rezoned in May 2006 from the A-1 zone to the R-1-10 zone. The overall project received preliminary approval in August 2006, and Phase 1 was recorded in October 2007. During the rezoning process, a development agreement was reviewed and approved by the Planning Commission and City Council. This agreement sets forth the development standards to be used in the Sunset Hills Subdivision. This phase of the subdivision differs from the first in that the first phase is a private community. All additional phases will be developed as standard subdivisions. STAFF/AGENCY COMMENTS: Public Works: Authorization required of ditch/water users for any abandonment, relocation, piping or any other modification to existing ditches or irrigation systems. Follow recommendations outlined in the soils report. Concerns regarding elevation changes throughout the subdivision. Revisions to plat required. Contact Salt Lake County for approval regarding street names and subdivision name. Building Division: Follow recommendations outlined in the soils report. Utility Companies: Standard Utility Easements required. Kearns Improvement District: Developer will need to coordinate all matters regarding water and sewer services. Parks Department: Collection of park impact fees will be required. Fire Department: Project to meet all fire codes relating to this type of development. Hydrants to be shown on plat. ISSUES: The final plat consists of 26 lots on 7.7 acres. This equates to an overall density of 3.3 units per acre. Lots range in size from 8,000 square feet to 11,366 square feet. The average lot size in the subdivision has been calculated at 8,830 square feet. West Valley City Planning Commission Page 5 Access to the subdivision will be gained from Oquirrh Mesa Drive. Additional sub streets will be platted within this phase to provide access for future phases to the north, south and west. All streets within phase 2 will be dedicated to a 54-foot width to include curb, gutter, sidewalk parkstrip and asphalt. There are some challenging slope issues with this phase of the subdivision. As with phase 1, staff will recommend that the developer coordinate the grading and drainage plan with the City Engineering Division. The grading and drainage plan will need to reflect methods of lot grading and retaining if necessary. As part of the preliminary plat, a soils report was submitted. The report stated that no ground water was encountered to a depth of 15 feet. However, the soils report did address fill that had been brought to the site. The report indicated that this fill should be removed from below proposed buildings, slabs and pavement. The developer will need to coordinate this issue with the City Engineering Division as it relates to roadways etc., and the Building Division as it relates to new construction. The developer will be responsible to coordinate the availability of all utilities for the subdivision. With regards to water and sewer, Kearns Improvement District has informed staff that water connections are readily available for this development. Sewer easements are located throughout phase 1 which will extend to the west to accommodate the needs of this phase and future phases. Power is available for this phase only. Additional power would be very costly given the limited access to the east of U-111. The developer expects that the extension of 6200 South out to U-111 will help offset some of the costs associated with future power needs. Per the development agreement, the developer will install a 6-foot vinyl fence along the north side of the subdivision. Staff will recommend that the vinyl fence not be installed until some of the housing is in place and ready for occupancy. This will help lessen graffiti and maintenance while construction activity is taking place. STAFF ALTERNATIVES: A. Grant Final Plat approval for the second phase of the Sunset Hills Subdivision subject to the following conditions: 1. That the subdivision be guided by the recorded development agreement. 2. That the developer contact the Salt Lake County Auditor’s Office regarding the subdivision name and all street names associated with the development. 3. That compliance be made with the Kearns Improvement District i.e., water line extensions, connections, water rights fire protection and sanitary sewer services. 4. That the developer coordinate all matters associated with any irrigation or open ditch systems with the City Engineering Division. The developer shall coordinate this condition with any and all water users. 5. That all new roads be dedicated to a 54-foot half width and constructed in accordance with plans and profiles approved by the City Engineering Division. West Valley City Planning Commission Page 6 6. That the developer install vinyl fencing as outlined in the development agreement. Staff recommends that the vinyl fence along the north boundary not be installed until a number of dwellings have been constructed and ready for occupancy. 7. That all recommendations outlined in the soils report be followed. No groundwater was encountered to a depth of 15.5 feet. 8. That the developer coordinate grading and drainage issues with the City Engineering Division. Said grading plan shall identify areas of concern with regards to existing slopes and/or fill. The grading plan will need to illustrate how the site will be contoured and what retaining methods if any, will be used to ensure slope stability. Measures shall be taken early on to eliminate potential grading problems between lots. B. Continue the application to address issues raised by the Planning Commission. Applicant: Neutral: Neutral: Neutral: Chris Drent Brent Rushton Eric Jones Brett Davis 126 W Sego Lily 5491 W 4100 S6429 S Fire Sky Ct. Discussion: Steve Lehman presented the application. Phil Conder asked how roads will work in the area. Steve explained how drainage will work, where rights of way will be located, and how the topography effects how grading will function in relation to the streets. Barbara Thomas asked if the inlet will provide a walkway. Steve replied yes and indicated there will be pedestrian access through the subdivision. Joe Garcia asked when the fence will be constructed. Steve replied when at least half the lots are developed. Chris Drent stated the fence can go in at any time but he would prefer waiting until closer to the end of development. Mr. Drent stated that landscaping in the first phase will be completed by the end of July. Commissioner Thomas asked if there will be an HOA in the second phase. Mr. Drent replied no. Eric Jones, a resident in the existing neighborhood, asked how drainage will function in this area and asked if it will be part of the City storm drain. Mr. Jones asked why pedestrian access into the private subdivision was a concern for Commissioner Thomas. Commissioner Thomas stated she likes walkability among subdivisions. Mr. Jones stated that he is concerned about this because the HOA would be responsible for any injuries on the private path. Mr. Jones stated that he would prefer less driving access into the private subdivision as well and suggested off-setting the road. Mr. Drent stated storm drains on the east side of Oquirrh Mesa are maintained by the HOA and those on the west side are maintained by the City. Mr. Drent added that offsetting roads isn’t good traffic management. He added that there is no way to prevent people from accessing the park that is part of the existing private neighborhood. Commissioner Thomas asked if there is signage that indicates the existing subdivision is part of a private HOA. Mr. Jones stated there is. He expressed concern about drainage not being done properly and indicated the existing storm drain isn’t being properly maintained. He added that he is against additional water from this proposed subdivision being channeled into the storm drain system that is in place. Mr. Drent stated that that the storm drain can handle 365 lots so the construction of this phase will not cause any problems. He specifically explained how the storm drain system will function. Brett Davis, a neighbor, stated that he agrees with many of the concerns Mr. Jones has expressed. He added that he is worried about an increase in traffic in the area and questioned whether 6200 S and 6600 S will be lighted intersections. Steve replied that he feels UDOT will likely do this but it will be determined once 6200 South makes the connection to U-111. West Valley City Planning Commission Page 7 Brent Rushton, developer of phase 3 of the subdivision, stated that he wants to ensure the plan continues as it was proposed. He added that he feels the area is capable of handling this addition. Terri Mills asked if this phase was originally designed to be private. Steve replied no and indicated that it has always been anticipated to be public. Commissioner Mills stated that a private park maintained by an HOA and utilized by the entire community is a little frustrating. She added that she does want this area to feel like a community. Joe Garcia asked if the existing private neighborhood is fenced. Steve replied it is fenced but not gated. Staff and the Planning Commission discussed the proposed public park and the existing HOA in the private neighborhood. Motion: Commissioner Thomas moved for approval subject to the 8 staff conditions. Commissioner Fuller seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Chairman Conder Yes Unanimous -S-12-2013- Approved CONDITIONAL USE APPLICATIONS C-16-2013 PVA II Apartments 4205 W 3550 S Zone: R-4, Residential Multi-Family 1 acre 16 units; 16 units/acre BACKGROUND: This application was continued from the April 24, 2013 public hearing Shane Evertsen is requesting conditional use approval for a 16-unit apartment building located at 4205 W 3550 S. The property is accessed by one street, 4200 W off 3500 S. To the northeast is the Ken Garff dealership, which is zoned C-2, general commercial. There is also a narrow parcel to the northeast, currently owned by SU Corporation, that the applicant is in the process of acquiring. To the north are the Pine Valley Apartments, formerly the Su Casa Tracy Apartments, which are zoned R-4 as well. These are 60 rental units which are also owned by the applicant; however, they are a completely separate business entity. There are two properties to the west that are privately owned and zoned R-4 as well. The property directly to the west has horses. To the east and south are residential homes and uses, which are zoned R-1-4 and R-1-8 respectively. There is a stub street that terminates at the south end of the adjacent property to the west. This stub street will not impact this site should the neighboring property develop. The R-4 zone allows 4 units per 9,000 square feet of lot area. This amounts to a maximum of 19.4 units per acre. The General Plan designation for this property and also the properties to the west are Mixed Use; this includes medium density residential, office, and retail. Medium density residential is classified as 7-12 units per acre. West Valley City Planning Commission Page 8 SITE: The project will require a cul-de-sac at the end of 4200 W. Certain portions of land will be dedicated to the City. A subdivision plat will indicate the street dedications and the cul-de-sac. Over the years, residents from the Pine Valley Apartments have cut across the west end of this property in order to access the neighborhoods to the south. Philo T. Farnsworth elementary is about 1,000 feet to the south. The applicant has indicated interest in providing some sort of access for the residents. He proposes a 5’ wide permissive use access bounded by a 6’ chain link fence with bark as a groundcover. However, the City cannot require that the access be provided. On the south side of the property there is an open irrigation line. This is part of the Granger Lateral. The applicant will culvert this to ensure that the water flows to the properties to the west. An easement will be provided on the plat indicating the access for the irrigation line. PARKING: For a 16 unit apartment building, 2 stalls per unit are required which amount to 32 stalls. The site plan indicates 32 parking stalls. A 6 foot masonry wall will be installed where all parking areas abut residential uses. This will be portions of the east and west side and along the entire south edge of the property. LANDSCAPING: The project meets the minimum requirements for landscaping. They will landscape the site as per approved landscape plans. Staff recommends that the landscaping will need to have a border along the north side of the property since sidewalk and improvements will not be required for the frontage along the private road. BUILDING ARCHITECTURE: Staff has reviewed the elevations which meet the design standards for multi-family residential. The exterior on all sides will be a combination of brick and stucco. There will be two entrances with stairwells on the main façade. SITE AMENITIES: The ordinance does not require any amenities since it is a project of less than 50 units; however, the Planning Commission can require some type of amenity as a condition of approval. The applicant proposes to provide two picnic benches with a barbeque stand in the southwest corner area. He will also install a basketball stand in the landscaping at the end of the fire turnabout. The only amenity at the separate Pine Valley apartments is a single playground set. STAFF ALTERNATIVE: Approval subject to the resolution of any issues raised at the public hearing as well as the following conditions: 1. The applicant shall resolve all staff and agency concerns. 2. A subdivision plat shall be recorded showing the street dedication and acquisition of the SU Corporation property before the issuance of a building permit. The plat shall indicate an irrigation line easement along the south portion of the property. 3. The irrigation line shall be piped such that the flow of water is maintained. 4. A 6 foot masonry wall shall be installed around the parking areas that border residential uses as shown in the approved site plan. 5. If a 5’ permissive use walkway is installed, it shall be maintained free of weeds and graffiti. West Valley City Planning Commission Page 9 6. The building shall be constructed in accordance with those approved by the Planning Commission. 7. An outdoor amenity shall be provided as approved by the Planning Commission. 8. If signage is desired, the applicant shall return with a sign plan to the Planning Commission for approval. Signage shall be a separate building permit application. All signs shall be in compliance with regulations for signs contained in Title 11 of the West Valley City Code. Continuance, in order for the developer to address issues raised during the public hearing. Applicant: Opposed: Opposed: Opposed: Dale Bennett Joann Brinkerhoff Freddie Brinkerhoff Karin Hooper 9130 S State Street 3624 Oldham Cir. Opposed: Opposed: Opposed: Opposed: Wayne Watts Lynne Amis Marinda Miller Curtis Bentley 4281 W Sunnyvale Drive 3634 Oldham Cir. 4209 W 3675 S Discussion: Kevin Despain presented the application. Barbara Thomas asked if the apartments are 1 and 3 bedroom units. Kevin replied yes. Commissioner Thomas asked where pedestrian paths are. Dale Bennett, representing the applicant, indicated that the walkway is along the west side of the property. Kevin stated there will be a masonry fence along the property line where there is parking. This fence will continue with chain-link. Mr. Bennett agreed and added that the walkway will also have a fence on the eastern portion. The Planning Commission expressed concern with this. Terri Mills asked if there will be picnic tables or park benches. Mr. Bennett stated the applicant will include picnic tables, a BBQ stand, and a basketball stand. Joann Brinkerhoff, a neighbor, stated that she is concerned about more kids accessing the walkway from the new apartments. She questioned how the kids will get to the walkway from the new apartments if it is fenced off. Kevin stated that they will have to go around or the applicant could provide a gate of some sort if he chooses. Ms. Brinkerhoff stated that she doesn’t feel the school can handle additional kids and questioned whether Granite School District is notified. Nichole Camac indicated that they are notified via email when a new agenda is posted. Freddie Brinkerhoff, a neighbor, expressed the same concerns as his wife Joann. He added that he is concerned about culverting the ditch and added that he uses the water for irrigation. Mr. Bennett stated that the ditch will only be culverted on the side owned by the applicant. Kevin added that an easement will be provided. Karin Hooper, a neighbor, stated that she is losing a great deal of privacy with the addition of this apartment complex. She stated that she is concerned with basketballs coming into her property from the proposed basketball stand as well. Phil Conder stated that basketballs could be a problem with any residence and added that the Planning Commission could require some additional screening to try to grant her a little more privacy. Wayne Watts, a neighbor, stated that he is still very concerned with parking and doesn’t feel any overflow can be accommodated with surrounding properties. Phil Conder stated that the applicant is meeting the ordinance with the proposed 32 parking stalls. Mr. Watts stated that the walkway is a very important aspect to the community and cannot be blocked off and added that he doesn’t feel fencing on both sides of the walkway would be safe. Lynne Amis, a neighbor, stated that she has lived in the area for a long time and has done a good job maintaining her property and home. She indicated that apartments are often not maintained and she West Valley City Planning Commission Page 10 feels this will affect the value of her property. Ms. Amis suggested an 8 foot fence for security and privacy purposes. Curtis Bentley, a neighbor, stated that he feels the walkway could pose a safety concern, especially at night. He indicated that children will be accessing the parking lot of the new apartments as well because they will take any shortcut they can, even if it means hopping a fence. Mr. Bentley stated that he feels the walkway should be closed but added that he understands the need for it by the community. Marinda Miller, a neighbor, stated that she is very concerned about the image of the area with more apartments going up. She stated that she wants her children to be raised in a safe neighborhood and apartments do not create the type of community and family that single family homes do. Joe Garcia asked if the new apartments will be section 8 housing. Kevin replied that he isn’t sure but would assume they are not. Barbara Thomas stated that a variety of housing needs to be provided to the community and added that apartments are often transient. Commissioner Thomas stated that it’s difficult but no one can expect someone else to conform to their idea of what is best for a property, especially when it is legally zoned. She indicated that the walkway is frustrating but the applicant is granting a concession for the neighborhood in providing it. Terri Mills asked if the City Council would be the ones who would approve a public right-of-way for the walkway. Kevin replied yes. Commissioner Mills stated that walkability in this area is a very important aspect to a community and indicated that she would like to explore the idea of City dedication. Steve Pastorik stated that a subdivision application will need to be submitted for this property which would be a more appropriate time to look at some type of dedicated walkway but indicated that this isn’t something the City can require of the applicant. Commissioner Garcia stated that additional trees could be provided along the residential portion of the east side of the property to create a greater visual buffer. Steve stated that this would be a reasonable condition. Lynne Amis stated that she would rather see a park here. Karin Hooper agreed and stated that the density of these apartments do not fit with the neighborhood. Brent Fuller stated that additional trees could help buffer the use. Motion: Commissioner Garcia moved for approval subject to the 8 staff conditions adding condition number 9 to state: trees along the east side of the property adjacent to residential shall be installed 20 feet apart; modifying condition number 5 to state: If a 5’ permissive use walkway is installed, it shall be maintained free of weeds and graffiti. No fence shall be installed on the east side of the proposed walkway; modifying condition number 7 to state that amenities shall include 2 picnic tables, a BBQ stand, and a basketball stand; and modifying condition number 6 to read: the building shall be constructed as approved by the Planning Commission Commissioner Thomas seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Chairman Conder Yes Unanimous -C-16-2013- Approved West Valley City Planning Commission Page 11 C-18-2013 Matthew Wirthlin representing EZPawn 5635 West 3500 South C-2 Zone Matthew Wirthlin, who represents EZPawn, has requesting a conditional use permit for a pawn shop within an existing building on 0.65 acres located at 5635 West 3500 South. The property was recently rezoned from C-1 (neighborhood commercial) to C-2 (general commercial). The Planning Commission denied the zone change application; however, the applicant appealed the denial and City Council approved the application. Surrounding zones include C-2 to the north and east as well as the northeast corner of 5600 West 3500 South, C-1 to the south and R-1-8 (single family residential, minimum lot size 8,000 square feet) to the west. Surrounding uses include a shopping center to the north, McDonalds on the northeast corner, a convenience store to the east, a small shopping center to the south and single family homes to the west. The property falls within the Hunter Town Center Plan, which designates this property as part of the town center district. On the town center district, the Hunter Town Center Plan states: “The plan encourages the greatest intensity of development at the intersection to help more people to easily ride high capacity transit. Office uses and high density residential should be emphasized since they generate the most ridership for transit. Retail is also welcome.” The applicant has submitted a letter, which is attached, that supports this application. Also included with this report is a copy of the ALTA survey, proposed building elevations and the proposed floor plan. As discussed during the rezoning process and the study session for this application, there are several site maintenance and code violation issues that need to be addressed to bring the property into compliance with City standards. A lengthy list of conditions is proposed by staff to address these issues. The Planning Commission can impose reasonable conditions to mitigate reasonably anticipated detrimental effects of a proposed use. In the case of pawn shops, City staff has identified through research several detrimental effects of pawn shops including: 1. An increase in the demand for police services 2. An increase in burglary and similar offenses 3. An increase in vandalism and a decline in neighborhood civility 4. Declining property values and worsened perceptions of the neighborhood 5. Increased law enforcement and regulatory costs These detrimental effects are discussed in more detail in the attached document entitled “Pawn Shops, Crime, and Neighborhood Effects” prepared by the Legal Department. Staff has also proposed conditions to mitigate to these detrimental effects. Staff Alternatives 1. Approval, subject to the following conditions: Use Restrictions/Requirements • All improvements, maintenance and clean up required by the conditional use permit shall be made prior to the issuance of a business license and prior to occupancy. • No outside storage or display of any kind is permitted. All merchandise must be housed within the building. • Given the proximity of residential use, hours of operation shall be limited between the hours of 9 AM to 7 PM. • All receipt, sorting and processing of goods shall occur within the building. • The use of bars, chains or similar security devices shall be prohibited. West Valley City Planning Commission Page 12 • The business shall comply with all requirements of the City Code including Chapter 17-23 regulating pawn shops. • The window and door areas along the north and west sides of the building shall not be reduced in area, nor shall changes be made to such windows or doors that block views into the building. • Windows shall not be tinted or obscured in any way, including by temporary or painted window signs, and the interior lighting of the business shall remain at adequate levels to clearly see into the business from the exterior of the business. • Prior to occupancy of the business, the business owner shall sign a trepass authority letter authorizing the West Valley City Police Department to enforce trespass law. A copy of this letter shall be provided to the Planning Division. Maintenance • All graffiti on the subject property shall be removed. Graffiti was observed on the trash enclosure, on the fence along the west property line and on the west side of the building. Any future graffiti, vandalism or similar damage shall be repaired in 24 hours. • All garbage shall be removed from the site. • All potholes in the parking lot shall be repaired. • All weeds in the landscaped areas shall be removed. All landscape areas must be maintained in a healthy, weed free state. • The bus bench located south of the sidewalk along 3500 South shall be removed from the site. • To cover discoloration on the building and flaking paint on the trash enclosure, the building and trash enclosure shall be repainted. • All parking stalls shall be restriped according to the approved site plan for this site. • The subject property and adjacent sidewalk shall be inspected by the proprietor daily for purposes of removing any litter found thereon. All litter, garbage and similar debris must be removed daily. Improvements • Solid visual barrier gates shall be installed on the trash enclosure. • The power cables which serviced awnings that have been removed shall either be utilized for new awnings or removed and capped. • A lighting plan shall be submitted for review by City staff to verify compliance with current lighting standards. Any lighting deficiencies or overages shall be corrected. • At least one tree per 30’ of frontage shall be installed within the landscaping along 3500 South. Tree selection must be made from the list of trees in Section 7-13-103 of the Zoning Ordinance. • The space between the west side of the building and the west property line shall be improved with trees planted every 30’ and lawn or other groundcover. • If a monument sign is desired, it shall be integrated with the existing RadioShack sign and brought into compliance with the current sign code. • A sign shall be posted in the front of the business indicating that no loitering is permitted. Persons not immediately engaged in business activities shall not be permitted to loiter. • Security cameras shall be installed on the interior and exterior of the building including the parking lot. Footage from security cameras shall be retained at least one week and shall be made available to the Police Department upon request for investigation of criminal activity on or around the site. 2. Continuance, for reasons determined during the public hearing. Applicant: Applicant: Opposed: Opposed: Matt Wirthlin EZ Pawn Rep Jim & Pauline Thatcher Peggy Eden 222 S Main Street 5666 Hunter Park Circle 3715 S Masters Dr. West Valley City Planning Commission Page 13 Opposed: Opposed: Opposed: Laura Zimmerman Mauri Galloway Ruby Rasmussen 5671 Hunter Park Cir. 5676 W 3640 S 5640 W 3575 S Discussion: Steve Pastorik presented the application. Phil Conder asked how the West Valley Police Department would enforce trespassing. Steve replied that the owner is granting permission to the Police Department to handle any issues that occur after hours on the property. Barbara Thomas asked how far road expansion will go into this building when road widening along 3500 South takes place. Steve replied that roughly the north third of the building will be taken but there is no firm date set for when this will occur. Steve read the full list of conditions that were given to the applicant. Matt Wirthlin stated that staff did a great job with the conditions. He indicated that the property will be greatly improved and will benefit the community by adding a business into a vacant building. Mr. Wirthlin provided a presentation that provided facts on EZ Pawn and described how the company functions. He discussed proposed changes to some of the staff conditions including that additional reasonable security measures may added on the interior of the building if approved by staff and that spandrel glass be allowed on the north side of the building where the warehouse portion of the business will be housed. Mr. Wirthlin also stated that the applicant is willing to keep video surveillance footage for a month instead of just one week and will ensure that lighting is adequate but not overwhelming for residents. Barbara Thomas asked what spandrel glass is. Steve replied that they are false windows and indicated that it provides the appearance of a window but cannot be seen through. Mr. Wirthlin stated that this would be used until road widening occurs and takes out the northern portion of the building. Steve indicated that the Planning Commission can request the option of reviewing any changes to the building at that time. Commissioner Thomas asked if there will be trucks bringing merchandise into the site. A store manager for EZ Pawn stated that the only time trucks will bring items to the building will be to stock the store for opening inventory. Commissioner Thomas asked if Radio Shack will also have awnings added to the building. Mr. Wirthlin replied no. Commissioner Thomas asked if the applicant has had any conversations with Radio Shack regarding expansion of EZ Pawn in the future due to the road widening. Mr. Wirthlin replied yes. Joe Garcia asked what reasonable security measures inside might entail as proposed in the alternate conditions Mr. Wirthlin provided. Mr. Wirthlin stated that there could be further security measures to deter crime within the store and added that this could include security shutters after hours like those used by Ross. Terri Mills asked if there will be any signage on the awnings. A store manager for EZ Pawn replied no. Commissioner Mills asked what days the pawn shop would be open. Mr. Wirthlin replied every day. Pauline Thatcher, a neighbor, stated that there are 8 pawn shops in West Valley City and added that 4 of them are on 3500 south and 3 are within one block of 3500 south. She stated that there is no need to add any more of these types of businesses and indicated that they are associated with crime and devalue neighborhoods. Ms. Thatcher stated that there are two schools in this neighborhood and adding a pawn shop could be a major safety concern for children. Her husband, Jim Thatcher, agreed and added that traffic is very difficult here and the addition of this business will cause greater impact and concern. Chairman Conder stated that the zoning for this property was changed by the City Council so pawn shops are allowed at this location. He indicated that the Planning Commission is attempting to put conditions on the application to mitigate any negative concerns for the property and surrounding residences. Ms. Thatcher stated that many of the conditions provided by staff do help but indicated that this is not the right place for a pawn shop. Peggy Eden, a neighbor, stated that she is strongly opposed to this use and intends on letting the City Council know how disappointed she is that the zone change was approved. She indicated that this neighborhood is being greatly impacted by the Mountain View Corridor which has caused a change of life in the community. She indicated that there has been a significant increase in drug houses, robberies, and other negative activity in the neighborhood. Ms. Eden stated that a pawn shop is an West Valley City Planning Commission Page 14 easy place for criminals to trade in stolen goods regardless of policies the pawn shop may have. She indicated that the name “EZ Pawn” screams to criminals an easy place to get money for stolen possessions and provides a negative outlook on the entire community. Laura Zimmerman, a neighbor, stated that she doesn’t care how the pawn shop appears because the bottom line is that pawn shops appeal to criminals regardless of name, appearance, policy, etc. She stated that she doesn’t want this use in her backyard and doesn’t want to have to increase security for her home just because this type of business is operating in her neighborhood. Mauri Galloway and Ruby Rasmussen (who provided a written complaint for Ms. Galloway to read) stated that there have been an increasing amount of problems in the neighborhood which a pawn shop will only escalate. She added that there is a lot of crime, noise, and criminal activity that occur. Ms. Galloway stated that the name EZ Pawn is an indicator to criminals that they will be granted easy money for stolen merchandise. She stated that the neighbors want something more inviting in their neighborhood such as a yogurt store or coffee shop. Commissioner Thomas stated that she is okay with the conditions regarding spandrel glass that the applicant proposed but is not okay with additional security being added to the interior of the store. She stated that she understands and appreciates the concerns of the residents but indicated that a pawn shop is allowed at this location because the City Council made the decision to change the zone. Commissioner Thomas indicated that she feels staff did a good job coming up with conditions to mitigate many concerns. Commissioner Mills agreed that she is not okay with adding additional security measures on the interior of the building. She stated that she feels there needs to be more restrictions on signage and asked if window signs will be allowed. Steve replied no. Commissioner Mills indicated that she doesn’t like the warehouse being located on the north side of the building. She asked what the difference between spandrel glass and tinted windows is. Steve replied that spandrel glass cannot be seen through and is completely opaque. Commissioner Mills asked if spandrel glass is dark colored. Steve replied that color can vary. Peggy Eden stated that the fact that the Planning Commission and staff must consider so many conditions indicate that pawn shops scream an increase in crime rate and a decrease in safety for the neighborhood. Mauri Galloway agreed and added that the building has only been vacant for 6 months and not 2 years as stated by the applicant. Commissioner Mills stated that she feels restricting hours to 6 days a week should be a condition placed. She indicated that residents may worship on Sunday’s and they should be able to attend church without worrying that their home is being broken into. Phil Conder stated that this is not really a land use restriction and added that not everyone worships on Sunday’s so this wouldn’t be a logical condition. Commissioner Thomas expressed frustration that the zoning was changed but stated that this is a conditional use and nothing can be done to change the fact that a pawn shop is allowed here. She added that businesses on the other three corners of 3500 South and 5600 West are open 7 days a week and it wouldn’t be fair to restrict this business of that. Commissioner Mills stated that there is a difference due to proximity of residents. Motion: Commissioner Thomas moved for approval subject to the conditions listed by staff modifying three conditions as follows: The window and door areas along the north and west sides of the building shall not be reduced in area, nor shall changes be made to such windows or doors that block views into the building, other than on the north section of the building where the warehouse is located where spandrel glass may be utilized; and Windows shall not be tinted or obscured in any way, other than the warehouse section on the north end of the building with spandrel glass, including by temporary or painted window signs, and the interior lighting of the business shall remain at adequate levels to clearly see into the business from the exterior of the business during operating hours. Also modifying that video footage will be held for one month and the gates on the dumpster West Valley City Planning Commission Page 15 enclosure, as well as fading paint on the building, will be painted the same color to match the existing building. Commissioner Fuller seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Garcia No Commissioner Mills No Commissioner Thomas Yes Chairman Conder Yes Split -C-18-2013-Fails Discussion: Chairman Conder asked if Commissioner Mills and Commission Garcia had any additional conditions to place that could ease some of their concerns. Commissioner Garcia replied no. Commissioner Mills stated that she feels there are further conditions she would like to think about and discuss. Chairman Conder called for a second motion. Motion: Commissioner Fuller moved for continuance for a decision only. Commissioner Thomas seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Garcia No Commissioner Mills Yes Commissioner Thomas Yes Chairman Conder Yes Majority -C-18-2013-Continued C-19-2013 Questar Gas (Rick Hellstrum) 5856 West 3500 South A Zone (1.15 Acres) The applicant, Rick Hellstrum representing Questar Gas, is requesting a conditional use amendment for the landscaping along the frontage of a natural gas regulating facility at approximately 5856 West 3500 South. This is a collection of properties zoned residential, both R-1-10 and A. The West Valley City General Plan designates this area as general commercial due to potential opportunities when the Mountain View Corridor is extended to this area. The expansion of the facility was approved by the Planning Commission on November 14, 2012 (C-41- 2012). The facility has frontage along 3500 South which is listed as one of West Valley Cities major arterials and has specific landscaping requirements set forth in chapter 7-13 of the West Valley City Municipal Code. Compliance with this section of the Code was included as a condition of approval for the project. These standards include the following: Fifty percent of the area of the landscaped buffer shall be planted with grass and shade and/or large conifer trees. The remaining 50 percent of the area may include, but not be limited to, vehicular West Valley City Planning Commission Page 16 access drives, specialty paving, street furniture, and outdoor seating areas. There shall be a minimum of one tree planted for each 600 square feet of the gross area of the landscaped buffer. This regulating facility is unmanned and Questar Gas feels that they can not properly maintain the site if those standards are applied at this location. Therefore they have requested to modify the landscaped buffer. They have proposed two different alternatives. The first would be to eliminate all turf and install trees, shrubs and groundcover to provide 50% live plant material and a variety of colors and sizes of gravel in decorative patterns. The second alternative would be to install trees and shrubs and then synthetic turf. This option would create the appearance of a green space but minimize the required maintenance and water use. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as amending the landscaping condition from C-41-12: Landscaping along 3500 South shall include the following: A) Fifty percent of the area of the landscaped buffer shall be planted with live plant material (ground cover, perennials, shrubs, etc.). There shall be a minimum of one tree planted for each 600 square feet of the gross area of the landscaped buffer and three (3) shrubs per tree. The remaining portion of the buffer may be gravel which shall include different colors and sizes in a decorative pattern. B) There shall be at least one tree planted for each 600 square feet of the gross area of the landscaped buffer and three (3) shrubs per tree. The remaining portion of the buffer may be synthetic turf. Continuance, to allow for the resolutions of any issues raised at the public hearing. Denial, as the proposed modifications to the landscaped buffer are not appropriate at this location and are not consistent with the streetscapes standards set forth for major arterials. Applicant: Applicant: Rick Hellstrom Cameron Duncan 1140 W 200 S 45 W 10000 S Discussion: Jody Knapp presented the application. Barbara Thomas asked if synthetic turf fades. Jody replied she doesn’t believe so but indicated that it would need to be thatched every so often. Rick Hellstrom, the applicant, indicated that this is an unmanned station and maintaining sod would be difficult to do. He discussed the two options for landscaping that have been proposed and indicated that Questar would prefer to do rock, live plant material, and trees. Cameron Duncan, representing the applicant, stated that species of trees provided in the ordinance will be used. Terri Mills asked if there will be any evergreens. Mr. Duncan replied no. Motion: Commissioner Thomas moved for approval subject to staff alternative A. Commissioner Garcia seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Garcia Yes Commissioner Mills Yes West Valley City Planning Commission Page 17 Commissioner Thomas Yes Chairman Conder Yes Unanimous -C-19-2013- Approved C-20-2013 Ernest Auto (Von Adamson) 2076 West 2300 South M Zone (1.21 Acres) The property owner, Von Adamson, is requesting a conditional use for Ernest Auto, which is a tenant that would like to operate an auto sales and repair shop at 2076 West 2300 South. The zoning for this area is M, Manufacturing. The West Valley City General Plan designates this area as Light Manufacturing. The surrounding zone on all sides of the site is M, Manufacturing. The surrounding uses include office/warehouse and light manufacturing uses. Ernest Auto would like approval to operate a business that will purchase salvage vehicles that have limited damage and then repair them at this facility so they may be sold. The vehicles acquired will be salvaged however, the use is auto sales and service and it is not a salvage yard per the definition in Chapter 7-29 of the West Valley City Municipal Code. The use will occupy approximately half, or 4,000 square feet, of the building located in the rear of the property. The area behind the building will be used as a storage area for vehicles waiting to be repaired. This storage area is fully enclosed with a fence and will include screening along the access gate so it is not visible from the road. There will be no additional storage of vehicles or materials permitted outside of this enclosed area. The hard surfacing within the storage area must be maintained in good condition. Mr. Adamson is currently in the process of updating the sites grading and drainage plan and will coordinate any necessary resurfacing of this area with WVC Public Works. The repair work will all be conducted inside of the building which is accessed by a large overhead door. The type of repair work that is done will vary depending on the vehicles that are purchased. That work will be contracted out on an as-need basis. The business owner is aware of the applicable codes regarding disposal of all fluids related to his business and has measures in place to dispose of these fluids properly. The WVC Fire Department has also inspected the paint booth on site and it is in compliance. The parking lot has recently been resurfaced and painted. There will be three (3) spaces designated for sales display, a minimum of five (5) spaces for customer parking, and two (2) additional spaces for employees. The parallel spaces along the west side of the site do not allow for proper Fire Department access and must be removed. The applicant is proposing wall signage on the building and has not proposed any additional signage on the site for this business at this time. If signage is added at a later date a building permit must be obtained and all signage would be required to meet the West Valley City Sign Ordinance. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following conditions: 1. The approved use is auto sales and service only. The site may not be used as an impound or salvage yard. 2. Outside storage is permitted in the designated areas on the site plan only. 3. The vehicle storage area must be completely enclosed with a fence and screened along the south side so it is not visible from the road. 4. All areas for parking and storage must be on hard surface and properly maintained. 5. Automotive repairs shall only be conducted within the building and shall not be conducted outside or in any parking areas. West Valley City Planning Commission Page 18 6. The parking lot shall be properly maintained and must have at least ten (10) striped parking stalls for this use. 7. There shall be no parking along the east or west sides of the building in order to maintain a proper fire access. 8. All signage shall comply with the West Valley City Sign Ordinance, including all temporary signs. 9. All requirements of affected departments and agencies must be met. 10. This use is subject to review upon a valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Applicant: Applicant: Von Adamson Betty Adamson Ernest Castro 1431 Rock Oak Ct 1431 Rock Oak Ct. 2076 W 2300 S Discussion: Jody Knapp presented the application. Barbara Thomas asked how people know they can purchase vehicles from this business. Ernest Castro, the owner of the proposed business, stated the business is mostly conducted online. He added that he primarily deals with insurance companies and doesn’t depend on drive-by traffic for business. Barbara Thomas asked if there will be enough parking stalls for employees. Mr. Castro replied yes. Motion: Commissioner Fuller moved for approval subject to the 10 staff conditions. Commissioner Thomas seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Chairman Conder Yes Unanimous -C-20-2013- Approved PLANNING COMISSION BUSINESS Approval of Minutes from April 24, 2013 (Regular Meeting) Approved Approval of Minutes from May 1, 2013 (Study Session) Approved There being no further business, the meeting adjourned at 7:32 p.m. Respectfully submitted, _____________________________________ Nichole Camac, Administrative Assistant