Planning Commission Meeting

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES November 13, 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 Harold Woodruff, Brent Fuller, Terri Mills, Phil Conder, Joe Garcia, and Barbara Thomas ABSENT Jack Matheson WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Steve Lehman, Lee Logston, Kevin Despain, and Nichole Camac AUDIENCE Approximately thirty-two (32) 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 November 13, 2013 Page 2 ZONE CHANGE APPLICATION Z-5-2013 M Seven LLC 7018 West 4100 South A to R-1-8 25.26 acres Dennis Peters and other home builders with M Seven LLC have requested a zone change for a 25.26 acre parcel at 7018 West 4100 South from A (agriculture, minimum lot size of ½ acre) to R-1-8 (single family residential, minimum lot size 8,000 square feet). Surrounding zones include R-1-7 (single family residential, minimum lot size 7,000 square feet) to the north, A and R-1-8 to the west, R-1-7 and R-1-8 to the east and A and M (manufacturing) to the south. The property is surrounded by single family homes to the north and east, vacant land to the south and single family homes and the old animal shelter property to the west. The subject property is designated as low density residential, which anticipates 3 to 4 units/acre, in the West Valley City General Plan. Given the property’s proximity to ATK, it falls within the overpressure zones. The property also wraps around the new 1.5 acre Falcon Crest park. Development Proposal The applicants have submitted a concept plan, which is attached, that shows the subject property being subdivided into 91 lots. The proposed lot sizes range from 8,000 to 11,238 square feet with an average size of 8,774 square feet. There are six stub streets abutting this property, and the concept plan connects to and extends all of these streets. Given the size of the project, Public Works has indicated that a traffic impact study will be required as part of the subdivision review process. Development Agreement A development agreement is required for this project. Section 7-14-105 (3)(l)(x) of the West Valley City Zoning Ordinance states: “All new subdivisions involving a rezone of property, or a PUD, shall participate in a development agreement that addresses housing size, quality, exterior finish materials, streetscapes, landscaping, etc. The standards outlined in Section 7-14-105 (3)(l)(iii) shall be used as a minimum in all development agreements to address housing quality and exterior finish materials. These standards may be increased for a PUD. As part of a development agreement, if homes are permitted with less than 1,600 square feet of finished floor space, the quality of the home and the amount of masonry exterior finish materials shall be increased. For the entire subdivision, the average shall be at least 1,600 square feet.” For the development agreement, the applicants have proposed the standards outlined in the attached document for Park Vistas. Issues In 1994, the City rezoned the subject property from R-1-7 to R-1-10. This change was done together with 10 other down zones, or zone changes where the allowed density was decreased. The following is an excerpt from the staff report for the zone change to R-1-10: “…this is a remainder piece that was acquired through the purchases that Hercules (now ATK) made several years ago to help protect them from residential encroachment. The West Valley City General Plan suggests low density residential land uses which implies R-1-8 or R-1-10 zoning. Since this is a larger parcel, it is more appropriately zoned as R-1-10.” At the request of the City Council, the chart below showing the mix of single family home lot sizes was prepared by staff. This chart illustrates how lots between 8,000 and 9,000 square feet are the most common lot size representing one third of all lots. Keeping the zoning at R-1-10 would provide more large lot options in the City. West Valley City Planning Commission November 13, 2013 Page 3 Often developers will use the surrounding zoning as the basis for changing the zoning on a piece of property. However, the surrounding zoning could also be seen as the reason to do something different since there are already so many lots in the 8,000 square foot range. Maintaining the zoning as R-1-10 would provide more variety in the neighborhood. If the Planning Commission finds that R-1-8 zoning is appropriate, staff recommends that the standards proposed by the applicants in the development agreement be amended in the following ways to set a higher standard for the homes to be built on the subject property: • Item 3 should be amended so that the minimum size for ramblers is 1,500 finished square feet. • Item 4 should be amended so that a home with less than 1,600 square feet shall have a minimum of 300 points. • Add an item 7 that states: “For the entire subdivision, the average shall be at least 1,600 square feet.” Staff Alternatives: • Denial, R-1-10 zoning is more appropriate to provide a greater variety of lot sizes in the neighborhood. R-1-10 is a fitting zone given the General Plan designation of low density residential. • Continuance, for other reasons determined at the public hearing. • Approval, subject to a development agreement that incorporates the changes recommended by staff into the applicant’s proposal. Applicant: Applicant: Opposed: Opposed: Dennis Peters Randy Moore Steve Davies David Madsen 9691 Grantswoods Cir. 3980 S 6951 W 6902 W 4068 S Opposed: Opposed: Neutral: Opposed: Nakia Armstrong Marcos Cossa Clyde Alquist Teresa Richardson 3958 S 6955 W 6397 W 4075 S 1521 Spring Canyon Rd. 3953 S 6865 W West Valley City Planning Commission November 13, 2013 Page 4 Discussion: Steve Pastorik presented the application. Barbara Thomas stated that there is one access to 4100 S from the proposed subdivision. She asked what is directly west of the property. Steve replied that it is the old West Valley City animal shelter. Dennis Peters, the applicant, stated that this property was originally platted in 1986 for ‘R-1-7’ and was changed by the City in 1994 to ‘R-1-10’. He indicated that 6 stub streets were constructed from existing neighborhoods into the property to provide for future connectivity. Mr. Peters indicated that Envision Utah’s research at the time showed 71% single family units with a minimum lots size of 1/3 of an acre. He stated that this has now changed and more cities along the Wasatch Front have reduced lot sizes and provided larger homes. Mr. Peters stated that this change was driven by the market so the change in zone that occurred in 1994 is longer typical to what is occurring throughout Salt Lake County now. He stated that this subdivision will provide a variety of lot sizes for a diversified neighborhood. Mr. Peters stated that frontage would be hard to gain on many lots under the R-1-10 zoning and added that the property was never anticipated to be R-1-10 with the layout of the existing stub streets. Mr. Peters stated that 22% of people are first time buyers while 83% are people moving within 2 miles. He stated that these are the people that are expected to purchase these homes and stated that they don’t want larger lots, they want larger homes. Randy Moore, representing the applicant, stated that he has built homes in the City for many years. He indicated that many builders have tried to improve the quality of homes and developments within the City. Mr. Moore stated that starter homes used to be important but now people are looking for homes where they can stay and raise families. He indicated that he has noticed that buyers are now looking for ramblers with nicer finishes and architectural features as well as 3 car garages or finished basements. Mr. Moore stated that these people are not looking for large lots because they don’t want to maintain them. He indicated that the existing stub streets cause restrictions in subdivision layouts as well. Mr. Moore stated that the original R-1-7 zoning in 1986 had proposed 136 lots. He indicated that this proposal in the R-1-8 zoning contains 91 lots and of those 52 are 8-9,000 square feet, 29 are 9-10,000 square feet, and 10 are larger than 10,000 square feet. Mr. Moore stated that it will be difficult to manage the increase in architectural standards being required by staff but there will be nicer homes in this subdivision than anywhere else in the City. He indicated that there is a trade-off and nicer homes equal smaller lots. Phil Conder stated that the train tracks in the corner of the property are problematic and questioned how these concerns can be mitigated or addressed. Mr. Moore stated that he doesn’t believe it will be an issue. He indicated that the masonry wall on 4100 S could continue further west to help mitigate noise. He stated that this same track goes through many other developments in the City. Mr. Moore stated that this property is zoned residential but if the City is concerned about this it could be changed to industrial or manufacturing. Chairman Conder asked if there is a way to put a distance between homes and the tracks or provide a buffer. Mr. Moore replied that he could look at different options. Mr. Moore stated that there is a beautiful park that the City recently built and indicated that it will be in the middle of this development. Steve Davies, a neighbor, stated that he has lived in the neighborhood for 19 years. He indicated that he enjoys having open space behind him and values his privacy. Mr. Davies stated that he can see the park from his home and enjoys watching kids play and allowing his children to enjoy it as well. He indicated that he had a meeting at his church where a large park was displayed on this property and he is disappointed that this will not be the case. Mr. Davis stated that a train does utilize the tracks late at night and wakes people up in the existing neighborhood so this will be a significant problem for people moving into the proposed subdivision. Mr. Davies also expressed concern that this property was a buffer for ATK and felt this could pose a problem if anything ever happened there. David Madsen, a neighbor, stated that he had always hoped this property wouldn’t develop but understands that if he can’t buy it he can’t stop it from being developed. Mr. Madsen stated that changing the zone to R-1-8 will result in an increase in lots which will mean more traffic throughout the neighborhood and along 4100 S. He indicated that he had hoped this would develop as a park but West Valley City Planning Commission November 13, 2013 Page 5 added that the proposed homes sound nice and new residents will make good neighbors. Mr. Madsen stated that it is important that new residents be made aware that they are living in an overpressure zone. Mr. Madsen stated that there needs to be a greater setback for homes next to the railroad tracks because the impacts will be significant. Brandon Hill stated properties around ATK have deed requirements on the title that disclose the overpressure zone. Nakia Armstrong, a neighbor, stated that she has lived in this area for 16 years. She stated this property was always thought to develop as a park. Ms. Armstrong stated that she understands developers want to make money but indicated that this is a neighborhood full of people that care about their community. She stated that the neighborhood does not want 8,000 square foot lots and is disappointed that the developers didn’t try to talk to residents about the proposed change. Ms. Armstrong stated that Ivory developments have larger lots and it’s important that these are incorporated here. She indicated that she isn’t opposed to development but doesn’t want smaller lots with more people and increased traffic. Marcos Cossa stated that he welcomes R-1-10 lots. He indicated that the open field has been a dumping ground for many years and he is excited that there will no longer be garbage next to his home. Mr. Cossa stated that he doesn’t want smaller lots and increased traffic. Clyde Alquist, a resident, stated that the Planning Commission recently approved larger lots for a subdivision in a developed community. He stated that he wanted to remind the Commission of their decision to approve larger lots because it’s important to provide bigger properties for people who want them. Teresa Richardson, a neighbor, stated that she has lived in the area for over 27 years. She indicated that she has always wanted a park and was glad when one was finally built. She stated that she understands the argument today is not about whether or not the property will be developed but how large the lots will be. She indicated that her family is strongly in favor of 10,000 square foot lots. She indicated that the neighborhood needs diversity and the type of people purchasing larger lots vs. smaller ones are very different. Ms. Richardson stated that she wants a neighborhood of families that stay and grow and not one that is compact and crowded. She stated that more lots equal more traffic which equal safety concerns throughout the subdivision and on 4100 S. Randy Moore stated that there seems to be a perception of small lots and small homes clustered together. He indicated that proposed lot sizes are over 8,000 square feet (which is larger than others in the area) and the homes will also be large and well designed. He indicated that the homes in the Ivory Development are the same size and the proposed subdivision is not high density by any means. Mr. Moore stated that this will enhance the neighborhood by bringing new people and growth into the community. Mr. Moore stated that this property has never been planned as a park. Barbara Thomas asked what type of wall will be constructed on 4100 S. Mr. Moore replied that the City has a specific type of wall and sidewalk that will be required. Brent Fuller asked how many lots were in the concept for an R-1-10 subdivision. Mr. Moore replied that there were roughly 77 lots which is a difference of about 14 lots. He added that there was a decrease in the number of lots due to the addition of the park. Mr. Moore stated that he feels most traffic will go directly to 4100 S and won’t filter through the existing neighborhood. Dennis Peters stated that a traffic study will be done at the subdivision phase of the process. He indicated a regional park is being proposed west of this property by Salt Lake County. Mr. Peters stated that the overpressure zone is there and people should be notified of this when purchasing their home. He indicated that many developments have been done next to railroad tracks and indicated that sound and safety concerns will all be mitigated at the subdivision phase of the process. Mr. Peters stated that the concept plan has an average lot size that is greater than the existing neighborhood. He indicated that larger lots would equal smaller homes which isn’t desirable. West Valley City Planning Commission November 13, 2013 Page 6 Nick Davies asked how far homes have to be separated from one another. Steve replied that the minimum width for a property is 80 feet. He indicated that there must be 10 feet from the property line on the garage side and 8 feet from the property line on the other side. He indicated that with the setbacks of 2 homes there is a separation of 16-20 feet. He added that the home must also be set back 20 feet from the rear property line. Barbara Thomas stated that ATK was approached and was asked to donate this land as a park and they said no. She indicated that she loves the access into the property with the stub streets and stated that it will make for a very accessible community. Commissioner Thomas stated that the City Council changed the zoning to R-1-10 as a response from the community and she feels it is still important to maintain this to provide a variety of lot size options in the area. She added that home sizes are typically decided by the buyer. Harold Woodruff agreed and added that the City is running out of room for large lots. He stated that it’s important to round out the City by adding larger lot communities. Terri Mills stated that R-1-10 is not a larger lot and she would like to see something even larger. She indicated that this is a very nice area in the City with great potential. She added that R-1-10 lots allow for beautiful landscaping options around homes. Motion: Commissioner Thomas moved for denial. Commissioner Garcia seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous-Z-5-2013- Denied Z-7-2013 Dan Northrup 5200 West 3500 South A-1 to R-1-8 0.82 Acres Dan Northrup has requested a zone change for a 0.82 acre parcel at 5200 West 3500 South from A-1 (agriculture, minimum lot size 1 acre) to R-1-8 (single family residential, minimum lot size 8,000 square feet). The subject parcel itself is within a pocket of A-1 zoning, and surrounding zones include RB to the south and west and R-1-8 to the north, west and east. Surrounding land uses include single family homes to the north, west and east and a strip mall to the south. The subject property is designated as residential office in the West Valley City General Plan, within a stretch of 3500 South that is recommended for office and medium density residential. Development Proposal If this application is approved, the applicant plans to divide the property into two lots – one for the existing home built in 1942 on the south portion of the property and a lot for a new home on the north portion of the property. Each lot would be over 15,000 square feet in area. The new lot on the north would be combined with a portion of the adjacent lot to form a flag lot with access to 3500 South. Development Agreement West Valley City Planning Commission November 13, 2013 Page 7 A development agreement is required for this project. Section 7-14-105 (3)(l)(x) of the West Valley City Zoning Ordinance states: “All new subdivisions involving a rezone of property, or a PUD, shall participate in a development agreement that addresses housing size, quality, exterior finish materials, streetscapes, landscaping, etc. The standards outlined in Section 7-14-105 (3)(l)(iii) shall be used as a minimum in all development agreements to address housing quality and exterior finish materials. These standards may be increased for a PUD. As part of a development agreement, if homes are permitted with less than 1,600 square feet of finished floor space, the quality of the home and the amount of masonry exterior finish materials shall be increased. For the entire subdivision, the average shall be at least 1,600 square feet.” For the development agreement, the applicant has proposed to follow the standards outlined in the ordinance. Staff Alternatives: -Approval, subject to a development agreement requiring a minimum house size of 1,600 square feet and design features that meet the City’s point system. -Continuance, for other reasons determined at the public hearing. Applicant: Dan Northrup 13579 Ivy Manor Lane Discussion: Lee Logston presented the application. Barbara Thomas asked if the two stub streets to the north could be connected. Lee replied that it would be difficult. Dan Northrup, the applicant, indicated that he owns property across the street. He stated that he bought the home on this property and fixed it up. Mr. Northrup indicated that he doesn’t want to rent so he would like to split the property to promote ownership. He indicated that for now the rear property will be used for a garden but when a new home is eventually constructed it will meet all requirements stated in the development agreement. Terri Mills asked how the garden will be watered. Mr. Northrup replied that there is a well that is currently capped. He indicated that eventually water could be brought in from the stub streets as well. Motion: Commissioner Mills moved for approval subject to a development agreement requiring a minimum house size of 1,600 square feet and design features that meet the City’s point system. Commissioner Fuller seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous-Z-7-2013- Approved Commissioner Garcia excused himself from this discussion. Z-8-2013 Life Church of the Assemblies of God West Valley City Planning Commission November 13, 2013 Page 8 3818 West 4700 South R-1-8 to C-2 6.28 acres John Heckathorn with the Life Church has requested a zone change for four parcels totaling 6.28 acres at 3818 West 4700 South from R-1-8 (single family residential, minimum lot size 8,000 square feet) to C-2 (general commercial). Surrounding zones include C-2 to the north, C-2 and RM (residential, multi-family) to the west, H (hospital) to the south in Taylorsville and C-2 and R-1-8 on the east side of the Bangerter Highway. The property is surrounded by vacant land to the north, Home Depot and apartments to the west, an IHC clinic to the south and commercial and single family homes to the east. The subject property is designated as general commercial in the West Valley City General Plan. Attached to this report is a letter from Pastor Heckathorn explaining why this zone change application was submitted. Development Proposal As indicated in the attached letter, the Life Church plans to expand at some point in the future. Also attached to this report are two expansion options for the church, school and community center. Churches, schools and community centers are all considered community uses in the City’s zoning ordinance. Community uses are allowed in any zone of the City. Staff Alternatives: • Approval of the zone change as it complies with the General Plan. • Continuance, for other reasons determined at the public hearing. • Denial, the proposed expansion can be accommodated in the existing zone. Applicant: John Heckathorn 3818 W 4700 S Discussion: Steve Pastorik presented the application. Barbara Thomas asked what type of signage would be allowed in the C-2 zone. Steve replied that a pole sign would not be allowed, only a monument, and electronic signs are also permitted. Terri Mills asked how many signs would be allowed. Steve replied that it depends on frontage and indicated that there could be one sign for every 200 feet. Commissioner Mills asked if Bangerter Highway counted as frontage. Steve replied that it would. Barbara Thomas asked if the sign would be left as it is. John Heckathorn, the applicant, stated that the existing sign would likely be replaced with an LED electronic sign. Commissioner Thomas asked if the electronic portion of the sign would be on both sides or just facing Bangerter Highway. Mr. Heckathorn replied that it would be both sides. Commissioner Thomas stated that she sees a lot of good activity at the church. Terri Mills stated she feels it is unnecessary to change the zone since the proposed changes are allowed in the existing zone. Brent Fuller asked how large the electronic sign could be. Steve replied 50 square feet and half of that could be electronic. Mr. Heckathorn stated that the current sign is larger than this and indicated that the electronic sign will be 5 x 10. Commissioner Fuller asked if there is any way the sign could be increased. Steve replied that this is not a multi-tenant property so the size can only be 50 square feet. Mr. Heckathorn stated that this parcel is designated as C-2 in the General Plan. Harold Woodruff stated that he is comfortable with the change since the General Plan does call for general commercial in the future. Motion: Commissioner Thomas moved for approval. West Valley City Planning Commission November 13, 2013 Page 9 Commissioner Woodruff seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Garcia Excused Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous-Z-8-2013- Approved Z-9-2013 Moore Homes, LLC 4410 South 3600 West A to R-1-8 3.79 acres Randy Moore with Moore Homes, LLC has requested a zone change for two parcels totaling 3.79 acres at 4410 South 3600 West from A (agriculture, minimum lot size of ½ acre) to R-1-8 (single family residential, minimum lot size 8,000 square feet). Surrounding zones include R-1-8 to the north and west, R-1-6 (single family residential, minimum lot size 6,000 square feet) and R-1-8 to the east and A to the south. The property is surrounded by single family homes to the west and south, a church to the north and single family homes and a duplex to the east. The subject property is designated as low density residential, which anticipates 3 to 4 units/acre, in the West Valley City General Plan. Development Proposal Mr. Moore has submitted a concept plan, which is attached, that shows the subject property being subdivided into 13 lots, one of which is for the existing home on the northeast corner of the north parcel. While R-1-8 Zoning is requested, the proposed lot sizes range from 9,011 to 12,311 square feet with an average size of 9,677 square feet (not including the lot on the east end for the existing home). The property is relatively narrow from east to west, so the proposed lots are wider than they are deep and there is no park strip proposed for the new street. Development Agreement A development agreement is required for this project. Section 7-14-105 (3)(l)(x) of the West Valley City Zoning Ordinance states: “All new subdivisions involving a rezone of property, or a PUD, shall participate in a development agreement that addresses housing size, quality, exterior finish materials, streetscapes, landscaping, etc. The standards outlined in Section 7-14-105 (3)(l)(iii) shall be used as a minimum in all development agreements to address housing quality and exterior finish materials. These standards may be increased for a PUD. As part of a development agreement, if homes are permitted with less than 1,600 square feet of finished floor space, the quality of the home and the amount of masonry exterior finish materials shall be increased. For the entire subdivision, the average shall be at least 1,600 square feet.” For the development agreement, Mr. Moore has proposed the standards outlined in the attached document for Moulton Farms. Issues The existing home of the property is in disrepair. Staff noticed boarded up windows and doors, broken glass in windows, peeling paint on trim and doors, graffiti on the west side of the home, and landscaping in poor condition. David Read, who represents the property owner, provided the attached email addressing the needed repairs. Staff recommends that these repairs be addressed in the development agreement and be West Valley City Planning Commission November 13, 2013 Page 10 completed no later than May 1, 2014. Staff recommends that the standards in the development agreement be amended in the following ways to set a higher standard for the homes to be built on the subject property: • Item 3 should be amended so that the minimum size for ramblers is 1,500 finished square feet. • Item 4 should be amended so that a home with less than 1,600 square feet shall have a minimum of 300 points. • Add an item 7 that states: “For the entire subdivision, the average shall be at least 1,600 square feet.” Staff Alternatives: • Approval, subject to a development agreement that incorporates the changes recommended by staff into the applicant’s proposal. • Continuance, for other reasons determined at the public hearing. • Denial, R-1-10 zoning is more appropriate to provide a greater variety of lot sizes in the neighborhood. Applicant: Neutral: Favored: Randy Moore Mike Bennett David Read 9691 Granite Woods Cir. 4480 S 3600 W 5212 S 2200 W Discussion: Steve Pastorik presented the application. Randy Moore, the applicant, stated that properties in the area are zoned R-1-8. He discussed standards in the Development Agreement with staff and indicated that the points for the homes are higher but he will make it work. Mr. Moore stated that R-1-8 zoning is appropriate here due to the shallow depth of the lots. He added that concerns with irrigation water will be dealt with at the subdivision portion of the process and indicated that a 6 foot chain-link fence will be installed next to agricultural zones as per the ordinance. Mike Bennett, a neighbor, stated that he feels a 6 foot cement wall would be appropriate next to his agriculturally zoned property. He indicated that he has horses and would want their safety to be ensured. Mr. Bennett stated that there has been a lot of crime in the area so he is not against development but wants to ensure that concerns regarding irrigation water, drainage, and the safety of his animals are taken care of. David Reed, representing the property owner, stated that this property has been on the market for several years. He stated that nice neighborhoods are not always accomplished by larger lots and indicated that 8,000 square feet makes sense here with the width of the properties. He stated that he turned down offers in the area that would create higher density and feels this will be a good fit for the community. Joe Garcia asked how much wider an R-1-10 lot would be. Steve replied that the lots could increase to about 112 feet wide at a minimum. Barbara Thomas stated she likes the proposal and wouldn’t want the lots to be shallower. Motion: Commissioner Thomas moved for approval subject to a development agreement that incorporates the changes recommended by staff into the applicant’s proposal. Commissioner Thomas seconded the motion. West Valley City Planning Commission November 13, 2013 Page 11 Roll call vote: Commissioner Fuller Yes Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous-Z-9-2013- Approved Brent Fuller was excused from the rest of the Public Hearing. Z-10-2013 George Newton 3694 S 6400 W A to R-1-10 0.4 acres George Newton, representing Newton Investments LLC, is requesting a zone change for the northeast portion of the property located at 3694 S 6400 W, parcel address 14-34-276-052, from ‘A’, (agriculture), to R-1-10, (single-family residential, minimum lot size 10,000 square feet). At the time of public noticing, the applicant proposed a zone change to ‘R-1-8’ (single family residential, minimum lot size 8,000 square feet). The reasons for this change of request shall be set forth herein. The West Valley City General Plan designates this area and all of the agricultural land between 3635 S and 3785 S west of 6400 W to be ‘Large Lot Residential’. This is typically 1-2 units per acre with lots being in the range of 10,000 square feet or greater. Mr. Newton owns the home that fronts 6400 W. The home is part of a larger parcel of about 6.5 acres. The applicant expressed desire to split the lot such that he would be able to sell off the home but retain the larger agricultural piece for future development. Under the current zoning, ‘A’, the minimum lot size is a half-acre (21,780 square feet). The area of the land surrounding the home that Mr. Newton wishes to rezone is only about 16,500 square feet or 0.33 acres therefore the agricultural zoning would need to be changed to residential. The intent of this application is to rezone a portion of the parcel to R-1-10 and leave the rest of the parcel under its current zoning. Upon approval of the rezoning, Mr. Newton will follow up with a lot split that will legally create two lots with their respective zoning. The proposed new lot will exceed the minimum lot size requirement for both R-1-8 and R-1-10 zoning. The reason that R-1-8 was originally proposed and not R-1-10 was due to the fact that R-1-10 zoning requires 90 feet of frontage; whereas, R-1-8 only requires 80 feet of frontage. The original proposal included only 82 feet of frontage which was not adequate frontage for R-1-10 zoning. Prior to the Planning Commission Study Session, Mr. Newton conducted a land survey that would expand the frontage of the property for the home to more than 90 feet. The new property line will be located 10 feet south of the detached garage and will retain a row of mature trees. The applicant, in discussion with his neighbor, will adjust the lot line to the north a few feet. A lot line adjustment will occur concurrently with the rezone. Prior to City Council consideration, a survey of the land along with a final legal description will be submitted. West Valley City Planning Commission November 13, 2013 Page 12 Staff feels that this zone change to R-1-10 is more consistent with the West Valley General Plan for that area. The remaining land of this parcel will continue as agricultural property. Should this property subdivide and develop later, a rezone would be required at that point along with a development agreement. Staff Alternatives: • Approval, of a zone change from ‘A’,( agriculture), to R-1-10, (single-family residential, minimum lot size 10,000 square feet). • Continuance, for reasons determined at the public hearing. Applicant: George Newton 530 Imperial Dr. Morgan, UT Discussion: Kevin Despain presented the application. George Newton stated that he wanted to keep mature trees on the property which is why the frontage was increased and will now allow for an ‘R-1- 10’ zoning. Motion: Commissioner Woodruff moved for approval of a zone change from ‘A’( agriculture) to R- 1-10 (single-family residential, minimum lot size 10,000 square feet). Commissioner Thomas seconded the motion. Roll call vote: Commissioner Fuller Excused Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous-Z-10-2013- Approved ZONE TEXT CHANGE APPLICATION ZT-7-2013 West Valley City Adding Section 7-2-131 regarding pawnshop regulations This application was continued by the Planning Commission during the public hearing on October 23, 2013. The Commission asked staff to consider ways to prevent pawnshops from locating at the Valley Fair Mall. 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 West Valley City Planning Commission November 13, 2013 Page 13 • 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. (3) No pawnshop shall be located within 500 feet of any regional shopping mall. The third distance restriction was added at the request of the Planning Commission. 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 location of existing pawnshops in the City with a 1,000’ radius ring around each location. The second shows the locations in the City where pawnshops are currently allowed. The third shows the locations where pawnshops would be allowed if the zoning ordinance is amended as proposed (this map was not updated to reflect the amendment for the mall). 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. The Planning Commission had no further questions or concerns. Motion: Commissioner Mills moved for approval. Commissioner Thomas seconded the motion. Roll call vote: Commissioner Fuller Excused Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous-ZT-7-2013- Approved West Valley City Planning Commission November 13, 2013 Page 14 ZT-8-2013 West Valley City Adding Part 3 – 3500 South Streetscape between 2700 West and Bangerter Highway to Chapter 7-13 of the Zoning Ordinance City staff is proposing an amendment to the zoning ordinance to add Part 3 – 3500 South Streetscape between 2700 West and Bangerter Highway to Chapter 7-13. A copy of the proposed ordinance is attached to this report. The purpose of the ordinance is as follows: “The purpose of this Part is to preserve the unifying streetscape along 3500 South and to preserve existing trees, ensure that any lost trees are adequately replaced, and require new trees when existing curb cuts are removed. This Part is applicable to all property with frontage on 3500 South between 2700 West and Bangerter Highway.” UDOT made significant streetscape improvements during the reconstruction of 3500 South to accommodate BRT. These improvements included stamped concrete park strips with regularly spaced tree wells and trees. These improvements were installed around existing curb cuts and generally exist within the UDOT right of way. The City maintains these trees, as well as irrigation and electrical lines within this right of way. As 3500 South is one of the City’s High Image Arterials, the City has an interest in ensuring that any alterations due to new development will maintain this attractive street scape with uniformly spaced and consistently sized trees. The proposed amendment provides for the replacement of damaged or destroyed street trees, and establishes guidelines for replacing and planting new trees as new curb cuts are created and existing curb cuts are closed. Staff Alternatives: 1. Approval of the ordinance text change, subject to the resolution of any issues raised at the public hearing. 2. Continuance for reasons determined at the public hearing. 3. Denial, the ordinance should remain unchanged. Applicant: West Valley City Discussion: Lee Logston presented the application. The Planning Commission had no further questions or concerns. Motion: Commissioner Thomas moved for approval. Commissioner Garcia seconded the motion. Roll call vote: Commissioner Fuller Excused Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous-ZT-8-2013- Approved SUBDIVISION APPLICATIONS S-24-2013 West Valley City Planning Commission November 13, 2013 Page 15 Ashlee Commons Subdivision – Preliminary 4450 South 5400 West R-1-7, R-1-8 & R-1-10 Zones 28 Lots 9 Acres This item was continued from the October 23, 2013 meeting. The purpose for the continuance was to allow the developer and staff additional time to evaluate whether other subdivision designs would work to avoid cut-through traffic to 5400 West and to gain a better understanding of Granger Hunter Improvement District’s policy about water and sewer lines running through easements in private property. 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. 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. West Valley City Planning Commission November 13, 2013 Page 16 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 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 West Valley City Planning Commission November 13, 2013 Page 17 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 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. West Valley City Planning Commission November 13, 2013 Page 18 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. 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: Blaine Walker 235 W 1000 S West Valley City Planning Commission November 13, 2013 Page 19 Suite 250 Sandy, UT Discussion: Steve Lehman presented the application. Blaine Walker, the applicant, stated that he has met with Granger Hunter and reviewed various layouts of how the subdivision could work. He indicated that Granger Hunter approves of the current layout and has suggested that this is the best way to move forward. Mr. Walker stated that the stub street to the north and the street leading to 5400 W is important to connect neighborhoods and works best for engineering issues as well. Staff and the applicant briefly discussed requirements in the development agreement. Motion: Commissioner Woodruff moved for approval subject to the 9 staff conditions. Commissioner Mills seconded the motion. Roll call vote: Commissioner Fuller Excused Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous -S-24-2013- Approved SV-9-2013 Golden Hilltop Estates Subdivision Phase 1 – Lots 11-21 Amended 5860 West 4300 South R-1-8 Zone BACKGROUND The Utah Department of Transportation (UDOT) is requesting consideration to amend and vacate lots 11-21 of the Golden Hilltop Estates Phase 1 Subdivision. Wayward Circle will also be vacated as part of this application. This subdivision is located at 5860 West 4300 South. ISSUES: The Golden Hilltop Estates Phase 1 Subdivision was recorded with the Salt Lake County Recorder’s Office in October 1993. This application is located north of previous applications vacating portions of Golden Hilltop Subdivisions. The plat amendment is necessary due to the future construction of the Mountain View Corridor. All properties contained within this application are owned by the Utah Department of Transportation. The existing right-of-way for Wayward Circle will be vacated as well. All public utility easements noted on the original subdivision will be vacated. UDOT will be responsible to coordinate the extraction of any existing utilities and street improvements with appropriate agencies. In addition, all property acquisition issues shall be completed prior to the City’s recordation of the amended plat. 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. West Valley City Planning Commission November 13, 2013 Page 20 STAFF ALTERNATIVES: A. Approval of the Golden Hilltop Estates Phase 1 Amended Subdivision. B. Continuance to address issues raised during the Planning Commission meeting. Applicant: UDOT Discussion: Steve Lehman presented the application. Terri Mills asked if the homes have already been demolished in the area. Steve replied yes. The Planning Commission had no further questions or concerns. Motion: Commissioner Woodruff moved for approval. Commissioner Thomas seconded the motion. Roll call vote: Commissioner Fuller Excused Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous-SV-9-2013- Approved SV-10-2013 Golden Hilltop Estates Subdivision Phase 3 – Lots 301, 302, & 321-332 Amended 4415 South 5875 West R-1-7 Zone BACKGROUND The Utah Department of Transportation (UDOT) is requesting consideration to amend and vacate lots 301, 302, and 321-332 and all of Golden Arrow Cove located at 4415 South 5875 West. The Golden Hilltop Estates Phase 3 Subdivision was recorded with the Salt Lake County Recorder’s Office in July 1994. The plat amendment is necessary due to the future construction of the Mountain View Corridor. ISSUES: Based on a recent site visit, all of the homes along Golden Arrow Cove and along Cape Cod Drive have been demolished. As part of this application, all public utility easements noted on the original subdivision plat for all lots involved in this application 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 Golden Hilltop Estates Phase 3 Amended Subdivision. West Valley City Planning Commission November 13, 2013 Page 21 B. Continuance to address issues raised during the Planning Commission meeting. Applicant: UDOT Discussion: Steve Lehman presented the application. The Planning Commission had no further questions or concerns. Motion: Commissioner Thomas moved for approval. Commissioner Garcia seconded the motion. Roll call vote: Commissioner Fuller Excused Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous-SV-10-2013- Approved CONDITIONAL USE APPLICATIONS C-51-2013 Guatemex Auto (Fernando Abad) 2688 S Redwood Rd Units I&J M Zone (0.22 Acres) The applicant, Fernando Abad, with Guatemex Auto, requests conditional use approval for an auto repair shop located at 2688 S Redwood Road. They will be doing automobile mechanic work along with safety emissions and inspections. The zoning for this property is manufacturing and ‘auto sales and service’ are a conditional use for this zone. The applicant proposes to occupy the two east end tenant spaces of the building. This conditional use is for the two tenant spaces and does not address the overall site. The tenant space is just shy of 4,000 square feet. Other uses in the area include Redwood Elementary school to the north, commercial development across Redwood Road to the east, commercial and office uses to the south, and light industrial to the west. There is a credit union on the corner and a Trax stop to the south on 2770 S. The West Valley General Plan designates this area as Commercial/Light Manufacturing. The site was developed in 1999 as part of the Business Village West commercial condominiums. An active Condominium Owners Association maintains the entire property. The landscaping on the site is as per plan and is well maintained. There is a five (5) foot landscape buffer in the back between the school property and a 6’ chain link fence. The two tenant spaces for this application include two shop doors in the back to access the shop area. There is office space in front. The site has parking to the north of the building and also customer parking in front. The landlord has allotted the applicant parking stalls to the north of the building. There will be no parking on the east side of the building. West Valley City Planning Commission November 13, 2013 Page 22 The applicant intends to use the space as it is currently configured. It is probable that he may acquire a building permit in the future to reconstruct walls for additional shop space. This would not change the use. The applicant will be required to obtain a Hazardous Materials permit through the West Valley City Fire Department and is aware of the West Valley City codes regarding disposal of all fluids related to his business. 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. There shall be no outside storage for this use. There will be no obstructions to the 24 foot rear drive aisle at any time. 2. Automotive repairs shall only be conducted within the building and shall not be conducted outside or in any parking areas. 3. The site is to be well-maintained and free of garbage or trash, including junk and inoperable vehicles. The dumpster out back will be regularly serviced. 4. All signage shall comply with the West Valley City Sign Ordinance, including all temporary signs. 5. All requirements of affected departments and agencies must be met including the West Valley City Fire Department. 6. 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: Fernando Abad 6552 Mount Whitney Ln Discussion: Kevin Despain presented the application. Fernando Abad, the applicant, stated that he has had this business for 6 years but had to move locations. He indicated that he is professional and will ensure everything is kept clean. Phil Conder asked if the business is noisy. Mr. Abad replied that there are air compressors but they are kept inside. He indicated that his business is not that close to the school. Joe Garcia asked if there are appropriate catch basins to dispose of oil. Mr. Abad replied yes. Motion: Commissioner Thomas moved for approval subject to the 6 staff conditions. West Valley City Planning Commission November 13, 2013 Page 23 Commissioner Woodruff seconded the motion. Roll call vote: Commissioner Fuller Excused Commissioner Garcia Yes Commissioner Mills Yes Commissioner Thomas Yes Commissioner Woodruff Yes Chairman Conder Yes Unanimous-C-51-2013- Approved PLANNING COMISSION BUSINESS Approval of Minutes from October 23, 2013 (Regular Meeting) Approved Approval of Minutes from November 6, 2013 (Study Session) Continued There being no further business, the meeting adjourned at 6:24 p.m. Respectfully submitted, _____________________________________ Nichole Camac, Administrative Assistant