Planning Commission Meeting

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES October 23, 2013 The meeting was called to order at 4:06 p.m. by Chairman Phil Conder at 3600 Constitution Boulevard, West Valley City, Utah WEST VALLEY CITY PLANNING COMMISSION MEMBERS Harold Woodruff, Brent Fuller, Jack Matheson, Terri Mills, Phil Conder, and Barbara Thomas ABSENT Joe Garcia WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Steve Lehman, Jody Knapp, Kevin Despain, and Nichole Camac AUDIENCE Approximately twenty-one (21) 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 October 23, 2013 Page 2 GENERAL PLAN/ ZONE CHANGE APPLICATION GPZ-5-2013 Milt Shipp 2882 South Decker Lake Drive General Plan change from commercial/light manufacturing to very high density residential Zone change from M and A to RM 16 Acres This application was continued during the Public Hearing on October 9, 2013. The motion for continuance was to allow the Planning Commission further time to review the application. Milt Shipp with DAI has submitted a General Plan/zone change application for 16 acres located at 2882 South Decker Lake Drive. The proposed General Plan change is from commercial/light manufacturing to very high density residential (20 or more units/acre). The proposed zone change is from M (manufacturing) and A (agriculture, minimum lot size ½ acre) to RM (residential, multi-family). Surrounding zoning includes A and M (manufacturing) to the north, M to the east and south and RM and A to the west. Surrounding uses include Decker Lake and office uses to the north, office uses to the east and south and the E Gate Apartments and the Decker Lake Youth Detention Facility to the west. Development Proposal Mr. Shipp has submitted several documents and plans, which are attached to this report, to support this application. Below is a list of the attachments and a description of each: • Letter from Milt Shipp with DAI – This letter outlines the justification for this request and includes a petition signed by nearby business owners in support of the application. • Apartment Master Plan: This plan shows the proposed apartment development which includes 368 units housed in 12, 3 story buildings with unit sizes ranging from 699 square feet to 1,195 square feet. The proposed density is 23 units/acre. To address the concerns of the Planning Commission regarding the number of 1 bedroom units, the applicant has reduced the number of 1 bedroom units by 24. The new proposed unit mix, which is different from the master plan, is 18% 3 bedroom, 47% 2 bedroom and 35% 1 bedroom. • Exhibit B – Development Standards: This document includes proposed standards for a development agreement. • Project Plans: This document includes a vicinity map, a colored conceptual site plan, renderings of the different buildings, color schemes for the proposed exterior materials, elevations and floor plans. • Decker Lake Presentation – This is a PowerPoint presentation including economic and other information in support of this application. Issues To staff, the two most important questions for this application are: 1) should the City allow very high density residential at this location and 2) if the use is allowed, what commitments should be included in the development agreement to ensure a quality development? On the first question, Mr. Shipp outlines several reasons in his letter for why he believes this location is appropriate for apartments. Staff has several comments to most of the reasons in Mr. Shipp’s letter. Listed below are the reasons from Mr. Shipp’s letter that staff has comments on along with the comments from staff on each. Reason 1 from the applicant: “The Owner of this location has had a very difficult time finding users for office buildings. It took 12 years to find the Petzl group. Consequently, the Owner feels that the proposed project of Class A apartments is the highest and best use of the ground.” West Valley City Planning Commission October 23, 2013 Page 3 Comment 1 from staff: The master plan for the Lake Pointe Business Park submitted back in 1997 (see attached) included the subject property. Staff believes the following recent activity in Lake Pointe should be considered: • The 70,000 SF Homeland Security building was completed in August of 2011. • Petzl’s 80,000 SF North American Headquarters, which will house 100 employees, is under construction and is scheduled for completion in the spring of 2014. • Progrexion came to Lake Pointe in 2012 with 500 employees. They are looking to expand in Lake Pointe. • E-Health came to Lake Pointe in 2012 with 250 employees. • ADP has 1,000 employees at Lake Pointe during their peak season (Sept.-Jan.) • According to one tenant in Lake Pointe, the business park is currently 100% leased. During the public hearing on the 9th, the Commission heard much information about the current and past market conditions for office. Staff does not doubt the market information provided by the owners. However, staff does have a few comments relating to the market. First, markets change. Second, when it comes to zoning, today’s market is certainly a consideration; however, it shouldn’t be the only consideration. West Valley would be a much different place if we zoned property solely on what the market would support today. The Planning Commission should also consider what is appropriate for the area, City goals and what is best for the City in the long run. One goal for the City is to encourage quality employment. We have three business parks in West Valley – Metro, Lake Pointe and Lake Park. While it is true that an office building could be built in any commercial or manufacturing area, the most likely location for a new office building would be within one of the City’s existing business parks. Of the three business parks mentioned above, the first two have light rail access. Transit access is becoming more important to office tenants. Rezoning the subject property to multi-family residential eliminates one of the few vacant properties near a light rail station that could be developed as office. Reason 2 from the applicant: “This is a TOD (transit oriented development) site. It is located on a Trax line and is within easy walking distance to the station. Tenants will use Trax frequently as a result. The apartment use at this TOD site will generate fewer automobile trips than an office use because tenants will use Trax for more than just work related travel.” Comment 2 from staff: Both office and multi-family residential are considered transit supportive land uses because they have a high concentration of people compared with other land uses like a warehouse or storage units. In fact, a 2011 study from the Public Policy Institute of California states: “Looking across all metropolitan areas in the United States, those with higher density have higher transit ridership, but the magnitude of the relationship between employment density and transit ridership is twice as large as that between residential density and transit ridership.” The master plan for Lake Pointe submitted in 1997 showed 202,596 square feet of office space on the subject property. Using Institute of Transportation Engineers (ITE) trip generation rates, this amount of office space would generate 2,231 weekday auto trips. A 368 unit apartment development would generate 2,447 weekday auto trips. While it is true that some of these auto trips to and from the apartments would be replaced by transit trips, the same could be said of the trips to and from an office building. Reason 3 from the applicant: “Nearby business owners have expressed a desire for adequate & close housing for their employees, plus bringing potential patrons, by signing a petition. Apartment tenants would support the nearby businesses in their purchases, which would help the City’s tax revenues.” Comment 3 from staff: Employees in an office building would also support nearby businesses, especially restaurants during the lunch hour. West Valley City Planning Commission October 23, 2013 Page 4 Reason 4 from the applicant: “Since approximately 30% of the City’s population are renters, this use will serve a significant portion of the people in WVC. At the same time, the Class A nature of the project will add upscale rentals, with which the City may be proud.” Comment 4 from staff: The City has already recently approved 793 Class A apartment units in three different projects. Reason 5 from the applicant: “The recent WVC Staff report compares different types of residential uses in producing revenue to the City. Comparatively, it is expected that our apartment project will yield more revenue to the City than an office building use at this site.” Comment 5 from staff: The staff report mentioned above estimated the amount of property tax, sales tax, franchise tax and program revenue generated from different types of residential development and did not consider office uses. While a detailed revenue analysis of office uses is beyond the scope of the report for this application, staff did compare the taxable value of apartments in the area to the taxable value of offices in the area. The findings are summarized in the table below. In summary, residential uses are taxed at 55% of the market value while office uses are taxed at 100% of the market value. The result is that office uses in this area pay more property tax on a per acre basis than apartments. Project Name & Address Market Value Taxable Value Acres Taxable Value/Acre E Gate Apartments $34,162,190 $18,795,662 17.3 $1,086,454 2982 S Decker Lake Dr. West Pointe Apartments $7,235,700 $3,979,635 4.9 $812,170 2184 W 3100 S Homeland Security Office $9,729,800 $9,729,800 5.8 $1,677,551 2987 S Decker Lake Dr. Lake Pointe Office $14,501,000 $14,501,000 9.0 $1,611,222 2875 S Decker Lake Dr. Source: Salt Lake County Assessor Reason 6 from the applicant: “Significant discussions are taking place with Utopia – this service is already present to our site & we are exploring how to utilize Utopia in the basic services provided to our tenants.” Comment from staff 6: An office building could also connect to and benefit from Utopia. Reason 7 from the applicant: “The public facilities for the apartments are already in place at this site.” Comment from staff 7: The same is true for office uses. In summary, staff does not believe apartments are the best use for this property. Development Agreement If the Planning Commission believes this application should be approved despite the issues mentioned above, staff recommends that the approval be accompanied by a development agreement. As mentioned above, the applicant has proposed development agreement standards in Exhibit B. Staff compared the applicant’s proposed standards to the standards in the latest two development agreements for apartment developments – Pinnacle at Highbury and Sage Gate at Haynes Landing. Most of the standards proposed by the applicant are comparable to those in the two recently approved projects. This project includes a splash pad which was not included in the other projects. Below is a list of the features approved in the other project’s agreements that are not included in or are different from those in the proposed agreement. Pinnacle at Highbury West Valley City Planning Commission October 23, 2013 Page 5 • All units shall have rounded corners, roman tubs and walk-in closets in the master bedrooms. • All unit interiors shall include 2 tone paint. • At least 2 parking stalls per unit shall be provided. The proposed agreement states: “At least 1.75 spaces per unit for 2 bedrooms and 1.5 spaces per unit for 1 bedrooms.” • A minimum of 33% usable open space shall be provided. The proposed agreement states: “A minimum of 30% usable open space shall be provided.” • The maximum number of apartment units shall be 290. The proposed agreement states: “The maximum number of apartment units shall be consistent with the approved site plan.” Sage Gate at Haynes Landing • The unit mix for the project shall include 10, 4 bedroom units. • The open space in the project shall be approximately 47%. The proposed agreement states: “A minimum of 30% usable open space shall be provided.” • The master bedroom in each unit shall have a walk-in closet. • Developer shall retain off-duty police officers to patrol the project for security purposes. • Developer shall participate and maintain good standing in City’s Good Landlord Program as implemented by West Valley City. • This project also included: o a contribution of $96,000 toward the construction of the Cross Towne trail system, o a contribution of up to $250,000 toward the construction of the bridge over the Riter Canal and o a recreational easement in favor of the City for a portion of the project’s open space to be open to the public. In addition to the standards proposed by the applicant, staff recommends the following new or amended standards: • The minimum number of parking stalls shall be determined during the conditional use process. • The maximum number of units shall be limited to 345. This allows for additional open space by removing one of the 23 unit buildings. The large green space in the southwest corner is currently manmade wetlands and would not have much utility for recreation space. • The unit mix shall be 18% 3 bedroom, 47% 2 bedroom and 35% 1 bedroom as proposed by the applicant. • A masonry wall and appropriate landscaping shall be installed along the west property line to screen the view of the youth dentention facility. The exact location of the wall and composition of the landscaping shall be determined during the conditional use process. Staff Alternatives: 1. Denial, the General Plan and zoning map should remain unchanged. Office is a more appropriate use at this location. 2. Continuance, for reasons determined during the public hearing. 3. Approval of the General Plan/zone change subject to a development agreement. The development agreement shall include the commitments made by the applicant as well as the recommended standards from staff. Applicant: Applicant: Milt Shipp Bryan Flamm 1099 W South Jordan Prkwy 1099 W South Jordan Prkwy Ciy Staff: Brent Garlick RDA Director West Valley City Planning Commission October 23, 2013 Page 6 Discussion: Steve Pastorik presented the application. Milt Shipp, the applicant, indicated that the owner of the property has stated that there will not be another office building developed at Decker Lake on property that he owns. Mr. Shipp stated that only 9% of apartments in West Valley City are “Class A”. He briefly discussed proposed amenities the development would offer to residents including a pool, splash pad, and many interior finishes such as granite counter tops. Mr. Shipp stated that the number of one bedroom units have been reduced and the square footage of the units have been increased. He explained that there are many small one bedroom units in the valley but the smallest unit being proposed in this development is 739 square feet which is larger than the suggested size proposed in a market study that was conducted for the site. Mr. Shipp stated that the market study suggested a need for one bedroom units in the area since E-Gate does not offer these. Mr. Shipp indicated that he met with Don Brinkerhoff, representative of the correctional facility in the area. He indicated that there will be no impact to the youth facility with this proposed development and the concerns raised at the previous hearing were in regards to the E-Gate Apartments. Mr. Shipp stated that a masonry fence will be installed along the west side of his property to provide an extra layer of protection. Mr. Shipp indicated that there are no strong oppositions to the proposed development from the surrounding community. Brent Garlick, RDA Director, stated that a strategic plan is done to increase revenue, help blighted areas, and attract businesses to create job opportunities. He stated that location is critical to attracting quality businesses to the City. Mr. Garlick discussed various business parks within the City and stated that Lake Pointe is an important one with easy access to mass transit and restaurants. He stated that there are no other locations that a quality office park can go and it’s important that this piece of land remain available. Bryan Flamm, representing the applicant, indicated that his family built the existing office buildings in the area. He stated that it took 15 years to bring Petzel in and a discounted rate was offered to make this happen. He stated that the City has business parks that have room to grow but this is no longer the right area for it. Jack Matheson stated that the business market is starting to change and people are looking for office spaces once more. He indicated that he feels this area would be better suited for office space especially with transit. Barbara Thomas stated that the residential in this area feels isolated and she doesn’t like the idea of expanding this. Harold Woodruff stated that he struggled with the E-Gate Apartments and still feels residential doesn’t belong here. Brent Fuller stated that large apartment communities typically disrupt existing neighborhoods but this one would not. He indicated that it seems unfair to hold the applicant to a business park when this may or may not happen for many years. Terri Mills stated that while the proposed development is a nice one she has visited the site and doesn’t feel it is suited for residential. Motion: Commissioner Thomas moved for denial. Commissioner Matheson seconded the motion. Roll call vote: Commissioner Fuller No Commissioner Matheson Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Majority-GPZ-5-2013- Denied West Valley City Planning Commission October 23, 2013 Page 7 ZONE TEXT CHANGE APPLICATION ZT-7-2013 West Valley City Adding Section 7-2-131 regarding pawnshop regulations City staff is proposing a zoning ordinance amendment to add pawnshop regulations as Section 7-2-131. Earlier this year the Planning Commission reviewed a conditional use permit for a pawnshop that was adjacent to residential. At that time staff did some initial research and found that there were negative effects to pawnshops and therefore staff tried to develop a list of conditions to mitigate these negative effects. Upon further research conducted by Legal and Planning staff, the following negative effects of pawnshops were found: • An increase in property crime • An increase in violent crime • An increase in vandalism, a perception of neighborhood decline, and a decline in neighborhood civility • Declining residential property values • A decrease in the safety of mass transit A summary of this research is attached to this report. Given these negative effects, staff is recommending that the zoning ordinance be amended to include the following: Regardless of the zoning district in which it is located, a pawnshop shall be subject to the following distance restrictions: (1) No pawnshop shall be located within 500 feet of any residential zone or use. (2) No pawnshop shall be located within 1,000 feet of any other pawnshop. The purpose of these regulations is to minimize the negative effects of pawnshops on residential and commercial areas. In the research, staff found that the negative effects of pawnshops on residential are most pronounced within 500’ of a pawnshop. A concentration of pawnshops compounds the problems of declining neighborhood perception and declining property values. There are three maps included with this report for reference. The first shows the locations in the City where pawnshops are currently allowed. The second shows the locations where pawnshops would be allowed if the zoning ordinance is amended as proposed. The third map shows the location of existing pawnshops along with a 1,000’ radius ring around each location. Staff Alternatives 1. Approval of the application to add Section 7-2-131. 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. Jack Matheson clarified that this ordinance amendment will not restrict pawnshops by placing a cap on the number allowed within the City and indicated that the proposed spacing requirements will mitigate negative effects pawnshops can have on residents. Terri Mills asked if additional regulations can be added to limit pawnshops from certain areas like the Valley Fair Mall. Steve replied that overlays can be added to prohibit uses in certain areas. He indicated staff felt comfortable with the numbers proposed based on research that was conducted by staff. Commissioner Mills stated that 3500 S and Redwood Road have a lot of pawnshops and indicated that she does not want to see the City Center become this way as well. West Valley City Planning Commission October 23, 2013 Page 8 Brent Fuller agreed and stated that pawnshops should be restricted from the City Center and Valley Fair Mall area. Steve stated that staff can look into ways to address this if the Planning Commission wanted to continue this application to the November meeting. Jack Matheson stated that he would like an ordinance approved as soon as possible and would rather amend it at a later date. Motion: Commissioner Thomas moved for continuance to allow staff to evaluate further restrictions for specific areas (such as the Valley Fair Mall). Commissioner Fuller seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Matheson No Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Majority -ZT-7-2013- Continued SUBDIVISION APPLICATIONS S-24-2013 Ashlee Commons Subdivision – Preliminary 4450 South 5400 West R-1-7, R-1-8 & R-1-10 Zones 28 Lots 9 Acres BACKGROUND: Mr. Blaine Walker, is requesting preliminary approval for the Ashlee Commons Subdivision. The subdivision will also amend lot 2 of the Chad Turpin Subdivision. The subdivision is located on the east and west sides of 5400 West at approximately 4450 South. The subject property was recently rezoned from the A zone to the R-1-8 zone on the east side of 5400 West and from the A zone to the R-1-10 zone on the west side of 5400 West. It should be noted that a small portion of the west property is zoned R-1-7. Due to the subdivision being divided by 5400 West, the applicant has chosen to call property on the west side of 5400 West Phase 1, and property on the east side of 5400 West, Phase 2. During the rezone application, a development agreement was reviewed and approved by the Planning Commission and City Council. In summary, the minimum dwelling size for all homes will be 1600 square feet and all homes will be required to meet provisions of Section 7-14-105(3)(l)(iii) of the City Code as it relates to housing design. 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. Soils report will be required prior to final plat review. Address issues related to grading and drainage. West Valley City Planning Commission October 23, 2013 Page 9 Revisions to plat required. Contact Salt Lake County for approval regarding street names and subdivision name. All streets shall meet City standards related to curb, gutter, sidewalk and asphalt. Connection with existing 4460 South shall taper to meet the City’s standard 54-foot right-of-way. Building Division: Soils report will be required prior to final plat review. Utility Companies: Standard Utility Easements required. Granger Hunter Improvement District: Developer will need to coordinate all matters regarding water and sewer services. Fire Department: Project to meet all fire codes relating to this type of development. Hydrants to be shown on plat. ISSUES: To address the issues related to this subdivision, staff would like to focus on the following Overall Subdivision design: The subdivision consists of 28 lots on 9 acres. This equates to an overall density of 3.1 units per acre. Phase 1 will have 16 lots on 5 acres while phase 2 will have 12 lots on 4 acres. Lot sizes range from 7,565 to 15,202 square feet. There are only two lots less than 8,000 square feet and these are located in the area zoned R-1-7. The average lot size calculated for the subdivision is approximately 10,265 square feet. There are two flag lots in the subdivision, both in phase 2. These lots are located on what is presently known as lot 2 of the Chad Turpin Subdivision. Due to the configuration and depth of the Turpin Subdivision, the flag lot proposal makes sense with each lot approximately 15,000 square feet in size. The overall subdivision consists of a variety of lot sizes with the majority being over 10,000 square feet. The lot layout and street designs are planned to take advantage of existing stub streets in phase 1 from the Deerfield Meadows Plat B Subdivision and in phase 2 from the Turpin Subdivision. Per recommendations made during the rezoning process, there will be no back facing lots along 5400 West. Development Agreement: As mentioned previously, the Planning Commission and City Council reviewed and approved a development agreement for this subdivision. The developer has committed to a minimum dwelling size of 1600 square feet. Housing requirements will follow provisions of the City’s design standards. Staff believes that the increase in home size along with the City’s housing standards will provide for West Valley City Planning Commission October 23, 2013 Page 10 a solid community. Access: Access to phase 1 will be gained from 5400 West and from an existing stub street in the Deerfield Meadows Plat B Subdivision. The street layout in this phase will also provide a stub street to the adjacent property to the north. This will provide an eventual connection with the Rushton Pioneer Acres Subdivision when that option becomes available. Access to phase 2 will be gained from 5400 West and from an existing stub street in the Chad Turpin Subdivision. All streets will be dedicated and improved to the City’s standard 54-foot right-of-way which will include a 5-foot sidewalk and 5- foot parkstrip. The street network in both phases complies with provisions of the City’s subdivision ordinance. During the rezone hearings, concerns were expressed about the connection of what will be 4435 South to 5400 West. Staff anticipates that questions may arise as to whether water, sewer and storm drain lines can be placed in easements, thus eliminating 4435 South altogether. This connection is needed to accommodate storm water, sewer and water lines. In virtually all cases, these types of improvements are located in public rights-of-way. The primary reason is that if problems occur with any one of those systems, especially pressurized water lines, repairs are less complicated in a street than they would be through the backyard of a private residence. The proposed connection of this street also complies with the intent of the City’s Growth Principles and Objectives. A few of these are stated as follows: 1. Provide public infrastructure that is efficient and adequately maintained. The proposed subdivision accomplishes this by optimizing use and maintenance of existing infrastructure. 2. Ensure public health and safety. The proposed subdivision design accomplishes this by promoting interconnected streets to reduce travel distance. 3. Strengthen sense of community. To meet this principle the proposed street layout will avoid physically dividing neighborhoods. Grading/Drainage: The proposed subdivision slopes downward from the southwest corner to the northeast corner. The grade difference is approximately 22 feet over a distance of approximately 630 feet. While this may sound rather severe, the slope is approximately 3% and should not be a problem for the developer. The City Engineering Division will thoroughly review grading and drainage plans. Should there be problems or concerns with regards to existing or proposed grades, staff will address these with the Planning Commission during final plat review. During the course of final plat review, the engineering office will work with the developers engineer to understand how the site will be contoured and what retaining methods if any, will be used to ensure slope stability between residences. While the slope is not severe, staff will recommend that as a condition of approval, each building permit be accompanied with a grading plan. The purpose of which is to lessen the potential for grading problems between lots and to help mitigate surface water problems for new home owners. Groundwater: The subdivision is located in an area with a high water table. It is also located in an area where natural springs are common. The developer will be responsible to provide a soils report prior to final plat review. This report will need to be evaluated by the City Engineering Offices and Building West Valley City Planning Commission October 23, 2013 Page 11 Official. Recommendations from this report will be available during final plat review. Utilities: An existing 50-foot utility easement exists in phase 2 and is in favor of Granger Hunter Improvement District. The primary purpose for this easement is to handle sanitary sewer. With the proposed development of this phase, an additional storm water drainage pipe will be placed within the easement. The developer is negotiating with the District to see if the width of this easement can be reduced. The buildable area on lot 204 is diminished if the easement stays at 50 feet. However, the building envelope would still be 45 feet wide so a home could be constructed without any problem. The reduction of the easement width would simply make a more desirable lot. Fencing: Both phases of the subdivision are located next to properties that are zoned agriculture. City ordinance requires that a 6-foot chain link fence will need to be installed along the property line of those parcels zoned agriculture. In addition, a notation will need to be placed on the plat identifying these areas to future buyers as being next to an agricultural area and that it could be subject to sounds, sights and odors that are part of this lifestyle. STAFF ALTERNATIVES: A. Grant preliminary approval for the Ashlee Commons Subdivision subject to the following conditions: 1. That the subdivision follow all provisions of 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 Granger Hunter Improvement District, i.e., water line extensions, connections, water rights and fire protection. The developer shall resolve all matters pertaining to these services prior to final plat review. 4. That the developer coordinate all matters associated with irrigation or open ditch systems with the City Engineering Division. As part of this requirement, the developer may need to coordinate piping plans with water users. 5. That all streets be dedicated and improved to a 54-foot half width and constructed in accordance with plans and profiles approved by the City Engineering Division. 6. That the developer submit a soils report prior to final plat review. Said report shall indicate ground water depths and evidence of any natural springs. Said report shall be reviewed by the City Engineer and Building Official. 7. That if an under-drain system is proposed, engineering plans shall be ready to submit along with the final plat. 8. That the developer provide a detailed grading and drainage plan. Said grading plan shall identify areas of concern with regards to existing slopes. 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. These plans will need to be reviewed and approved by the City Engineering Division during final plat review. West Valley City Planning Commission October 23, 2013 Page 12 9. That a 6-foot chain link fence be installed along all agriculturally zoned property. In addition, a notation will need to be placed on the plat identifying these areas as agricultural and is subject to sounds, sights and odors that are part of an agricultural lifestyle. B. Continue the application to address issues raised by the Planning Commission. Applicant: Opposed: Opposed: Blaine Walker Tim Olschewski Esther Olschewski 235 W 1000 S 4409 S 5400 W 4409 S 5400 W Suite 250 Sandy, UT Discussion: Steve Lehman presented the application. Brent Fuller asked where the problem with Granger Hunter is on the west side of the proposed subdivision. Steve replied that generally improvements are located within streets but since residents have expressed concern with a street connection the City is waiting to hear if there are other options. Jack Matheson asked if under-drain systems have been used in the City to allow for basements. Steve replied yes but he isn’t sure if they will be used or needed here. Blaine Walker, the applicant, stated that the connection to 5400 W is something that City staff has recommended since the beginning of this process. He indicated the Granger Hunter is fine with what is being proposed and prefers the layout as it is. Mr. Walker stated that if access is restricted anywhere it should be cut off to the west where the existing subdivision is and added that it is very important that there be access to 5400 W for marketability and planning. Mr. Walker stated that there is a large easement on the east side of the proposed subdivision and indicated that Granger Hunter has no problem with this being reduced to 30 feet. He indicated that there is a lot of ground water in the area but believes basements will still be an option. Tim Olschewski stated that there is a problem with the water table in the area and has experienced problems in the past. He stated that he is not against the development of this property but does not like the road leading out to 5400 W. He indicated that he is concerned about increased traffic flow and the safety problems this could create for the neighborhood. Mr. Olschewski presented a layout with flag lots and stated that he would prefer something that would prevent access to 5400 W. He indicated that if it is absolutely necessary that a road lead to 5400 W he would like to see alternate proposals on where the road could go that would be better aligned with the second phase of the subdivision. Esther Olschewski provided signed statements from residents in the area that are concerned about increased traffic with the proposed layout of the subdivision. She indicated that there are existing traffic problems on 5400 W and doesn’t want there to be an increase in these problems. Mr. Walker stated that different road alignments were looked at and aligning the road with the subdivision to the east would create a long narrow piece of property that is not developable. Mr. Walker stated that if there is a traffic issue he would suggest cutting off access to the west and not to 5400 W. He stated that this would need to be evaluated by a traffic engineer and the City Fire Marshall. Mr. Walker indicated that the proposed road is not a long straight one that people would typically speed on. Terri Mills stated that she feels eliminating access to 5400 W would be foolish. She stated putting easements in people’s yards is not typical and not something that should be done. She indicated that lights and roads are part of City life and good planning would not allow a cul-de-sac here because it doesn’t make sense for the community as a whole. Jack Matheson agreed. West Valley City Planning Commission October 23, 2013 Page 13 Motion: Commissioner Thomas moved for continuance to allow staff time to address concerns raised at the Public Hearing. Commissioner Fuller seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous -S-24-2013- Continued SV-8-2013 Hunter Cove Subdivision – Phase 2 Amended, Vacating Lots 201-225, All of Cranston Cove, Strickland Place and a portion of Timber Oaks Lane 4195 South 5875 West R-1-8 Zone BACKGROUND The Utah Department of Transportation (UDOT) is requesting consideration to amend and vacate lots 201- 225, all of Cranston Cove, Strickland Place and a portion of Timber Oaks Lane. In June 2013, the Planning Commission approved a similar application, but it did not include lots 201-207 or Timber Oaks Lane. Subsequent to the Planning Commission’s approval in June, UDOT has secured additional property and is proposing to include lots 201-207 along with a portion of Timber Oaks Lane as part of this vacating proposal. The Hunter Cove Subdivision was recorded with the Salt Lake County Recorder’s Office in October 1994. ISSUES: The Mountain View Corridor will impact lots and streets noted above. The majority of what is being vacated will be either the highway or storm water detention. However, a portion (Parcel A) will be deeded to the Granite School District. The Planning Commission may recall from earlier discussions that the Hillside Elementary School is located south of the Hunter Cove Subdivision. Because the proposed Corridor will eliminate some of the playground area used by the school, UDOT is proposing to convey Parcel A to the District as a replacement. Based on a recent site visit, all of the homes contained within the scope of this application have been demolished. As part of this application, all public utility easements noted on the original subdivision plat and affecting lots 201-225 will be vacated as well. Although these streets and lots will be vacated by ordinance, the ordinance will have no force or effect of any franchise rights of any public utilities, nor would they be impaired thereby. The ordinance will also protect any holders of existing franchises, water drainage pipelines, or other such uses as they may presently exist under, over or upon said property or as are or may be shown on the official plats and records of Salt Lake County. STAFF ALTERNATIVES: A. Approval of the Hunter Cove Subdivision Phase 2 Plat Amendment. B. Continuance to address issues raised during the Planning Commission meeting. West Valley City Planning Commission October 23, 2013 Page 14 Applicant: N/A Discussion: Steve Lehman presented the application. The Planning Commission had no further questions or concerns. Motion: Commissioner Matheson moved for approval. Commissioner Woodruff seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner ThomasYes Commissioner Woodruff Yes Chairman Conder Yes Unanimous -SV-8-2013- Approved CONDITIONAL USE APPLICATIONS C-47-2013 201 Commerce Center – Building #6 4300 W. 2100 S. M Zone (18.11 Acres) The applicant, Bret Mackay with DLM Development, is requesting a conditional use amendment for an office/warehouse building at approximately 4300 West 2100 South. This property is zoned M, Manufacturing, and the West Valley City General Plan designates this area as Light Manufacturing. This project is part of the overall 78 acre 201 Commerce project so it will be surrounded to the west and south by similar uses and buildings as the project further develops. The uses to the east include the Utah Trucking Association, Major Drilling America, and Granite School District facilities. When this project was initially approved in 2008 (C-36-2008) the design included 19 buildings of various sizes with a total square footage of 1,189,256. At this time the applicant would like to take what was buildings 3,4,5,11 and 12 (301,439 square feet) and build one large building with a total square footage of 304, 200 square feet. The building will be constructed of tilt up concrete. The design will include three colors that are used to create a wainscot and column appearance along all sides of the building. The façade facing north along the frontage road will have more of an office type appearance with large windows, relief in the roof line and architectural awning features above the entrances. The remaining sides include clustered office portions at both ends of the building with bay doors for the warehouse type uses in between. This facility is not required to meet the Commercial Design Standards due to the use being limited to a manufacturing zone. The general breakdown of the uses include approximately 20% office uses (60,840 sqft) and 80% warehouse (243,360 sqft). Therefore, the required parking for this portion of the site is 327 spaces. There are 386 spaces provided, which includes 61 spaces for trailer parking. The uses will also be monitored as building permits West Valley City Planning Commission October 23, 2013 Page 15 and business licenses are submitted so the parking will be evaluated periodically to ensure that the site is in compliance. The landscaping required on site is 5% and the applicants have provided 12%. The north side of the property is designed to meet the Landscaping Standards Along High Image Arterials section of the Municipal Code and includes lawn and trees with shrubs planted in a rock mulch border to screen the parking. The west edge is designed similar to the north edge but also includes a grass swale with a 2’ wide concrete gutter. Landscaping will be provided along the building by the office portions of the site as well as along the southern boundary of the project. The east side of the site will be secured with a 6’ chain link fence and have restricted access. There will however be a landscaped seating/picnic area provided for employees located outside of the fenced area on the south east corner of the site. There is a 15’ area provided here for landscaping however, there are also power lines and a drainage easement that runs along this edge. Therefore, the landscaping in this area has not been fully designed yet and currently shows it as rock mulch. These plans will be further developed to include live plant material once the power and drainage is further designed. This portion of the site abuts the rear portions of the adjacent sites but the applicant is mindful that this is the perimeter edge of the development and will update the plans accordingly. Signage was reviewed with the previous overall project submittal as well as the Agreement for Disposition of Land (ADL) with the City Council. The approval included wall signage for the buildings, monument style directory signs throughout the site and one pole/development sign on the 2100 South frontage. All signage shall comply with the requirements set forth in the Sign Ordinance and require a building permit. A lighting plan must be submitted that complies with the standards set forth in the West Valley City Code. Several dumpsters are located throughout this area and they will all be secured within a 6’ masonry enclosure and additional landscaping has been proposed around these facilities to help further screen them from view. Any mechanical equipment proposed on site or on the building shall also be properly screened from view per the standards set forth in the West Valley City Code. Staff Alternatives: Approval, subject to the resolution of any issues raised at the public hearing and the following conditions. 1. The building and site must be constructed per the approved plans. 2. There must be adequate parking on site for the proposed tenant mix. 3. The landscaping must be completed per the approved 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. All signage must comply with the West Valley City Sign Ordinance. 5. All lighting shall be designed per Title 7 and installed in accordance with the approved lighting plan. 6. All dumpster locations shall be completely secured with a 6’ masonry enclosure. 7. All mechanical equipment on site must be properly screened. 8. Must meet requirements of all effected departments and agencies. Continuance, to allow for the resolution of any issues raised at the public hearing. West Valley City Planning Commission October 23, 2013 Page 16 Applicant: Bret Mackay 9090 S Sandy Parkway Sandy, UT Discussion: Jody Knapp presented the application. Bret Mackay, the applicant, stated that he is very conscious of what the project will look like from the frontage road and from the freeway and wants it to be a nice development that brings good businesses and jobs to the City. Jack Matheson asked if Mr. Mackay has developed this type of drainage swell before. Mr. Mackay replied yes and stated that it is very effective. He indicated that there is a permeable concrete at the base that will help the swale meet LEAD certifications. Motion: Commissioner Woodruff moved for approval subject to the 8 staff conditions. Commissioner Thomas seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner ThomasYes Commissioner Woodruff Yes Chairman Conder Yes Unanimous -C-47-2013- Approved C-48-2013 Shayla Fairclough 7152 W Hunter Dawn Way Shayla Fairclough Preschool R-1-10 Zone (.26 acres) The applicant, Shayla Fairclough, is requesting a major home occupation as a conditional use for a home preschool. The zoning for this area is R-1-10 and major home occupations are a conditional use in this zone. The West Valley City General Plan anticipates low density residential for this area. The home situates at the end of Hunter Dawn Way. The preschool is to offer educational classes to preschool aged children in the nearby neighborhoods. There will be two sessions per day and no more than 6 children per session. The hours for the preschool will be Monday to Friday with one session going from 9:00 – a.m. – 11:00 a.m. and a second session from 11:30 a.m. – 1:30 p.m. The classes will be conducted indoors. A room within the basement will be entirely devoted to the preschool. The room does not exceed 25% of the basement floor. The children will enter the house through the main door and descend stairs into the basement. There is a bathroom down the hall for the children to use. The driveway will accommodate drop off and pick up of the children. However, since most of the children live nearby, carpooling and walking will reduce the amount of parking space needed. No signage is proposed. West Valley City Planning Commission October 23, 2013 Page 17 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. Drop off and parking areas are to be on the driveway and may not be on the street. 2. No more than six (6) students per session and a maximum of two (2) sessions per day with a 30 minute minimum interval in between sessions. 3. The use shall comply with all requirements of affected departments and agencies, including the West Valley City Fire Department and the Salt Lake Valley Health Department. 4. The preschool shall be subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Shayla Fairclough 7152 Hunter Dawn Way Discussion: Kevin Despain presented the application. Jack Matheson asked if outside time has to be provided. Kevin replied the ordinance does not specify outdoor or indoor time but the pre-school must be operated from the residence. Shayla Fairclough, the applicant, had nothing further to add. Motion: Commissioner Thomas moved for approval subject to the 4 staff conditions. Commissioner Mills seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous -C-48-2013- Approved C-49-2013 Brittany Peterson 7050 W 3800 S Brittany Peterson Preschool A Zone (.96 acres) The applicant, Brittany Peterson, is requesting a major home occupation as a conditional use for a home preschool. The zoning for this area is A, agriculture, and major home occupations are a conditional use in this zone. The West Valley City General Plan anticipates rural residential for this area. The property has a very large backyard area. A portion of the yard directly behind the home is fenced off. There will be three sessions per day and no more than 6 children per session. The hours for the preschool will be Monday to Thursday with one session going from 8:30 am – 11:00 am, a second session from 12:00 West Valley City Planning Commission October 23, 2013 Page 18 am – 2:30 pm, and a third from 3:00 pm – 5:30 pm. The classes include a variety of learning activities. In each session the children will be allowed 15 minutes outside time followed by a 20 minute snack time. A portion of the home’s living room within the basement will be entirely devoted to the preschool. The portion dedicated to the use does not exceed 25% of the basement floor. The children will enter the house through the main door and descend stairs into the basement. The children will also have the option of entering the home through the back door which provides access directly into the basement. There is a bathroom down the hall for the children to use. The basement room area also includes a small kitchen area. There is a fire stove along the east wall. The driveway will accommodate drop off and pick up of the children. The property does have a second driveway access that leads to a dirt parking area. However, as per ordinance, only hard-surfaced areas can serve as drop off and pick up. A small 2 square foot sign will be placed in the window, which the ordinance allows. 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. Drop off and parking areas are to be on the driveway and may not be on the street. The gravel access and rear dirt area shall not be used unless it is hard-surfaced. 2. No more than six (6) students per session and a maximum of three (3) sessions per day with a 30 minute minimum interval in between sessions. 3. If the backyard area is to be used, it shall include a full perimeter 6’ fence with a self-latching lock. Children shall be supervised at all times. 4. The use shall comply with all requirements of affected departments and agencies, including the West Valley City Fire Department and the Salt Lake Valley Health Department. Special precautions shall be taken with the fire stove. 5. The preschool shall be subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Brittany Peterson 7050 W 3800 S Discussion: Kevin Despain presented the application. Brittany Peterson stated that the fireplace is not used at any time and there is an electric stove that is only used on occasion for cooking activities. She indicated that she would prefer children walk around to the back entrance into the pre-school and added that most children live in the neighborhood and will walk with their parents instead of being driven. Motion: Commissioner Fuller moved for approval subject to the 5 staff conditions subject to condition number 3 being modified to state: If the backyard area is to be used, it shall include the full perimeter existing fence with a self-latching lock. Children shall be supervised at all times; and condition number 5 to state: The use shall comply with all requirements of affected departments and West Valley City Planning Commission October 23, 2013 Page 19 agencies, including the West Valley City Fire Department and the Salt Lake Valley Health Department. Commissioner Mills seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous -C-49-2013- Approved C-50-2013 THIS ITEM WAS WITHDRAWN FROM THE AGENDA BY THE APPLICANT PLANNING COMISSION BUSINESS Approval of Minutes from October 9, 2013 (Regular Meeting) Approved Approval of Minutes from October 16, 2013 (Study Session) Approved There being no further business, the meeting adjourned at 5:40 p.m. Respectfully submitted, _____________________________________ Nichole Camac, Administrative Assistant