Planning Commission Meeting

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT + WEST VALLEY CITY PLANNING COMMISSION MINUTES June 8, 2016 The meeting was called to order at 4:05 p.m. by Chair Meaders at 3600 Constitution Blvd., West Valley City, Utah. WEST VALLEY CITY PLANNING COMMISSION MEMBERS David McEwen, Jack Matheson, Matthew Lovato, Clover Meaders, Latai Tupou, Martell Winters, and Harold Woodruff ABSENT Brent Fuller WEST VALLEY CITY PLANNING DIVISION STAFF Brock Anderson, Jody Knapp, Steve Pastorik, and Brenda Turnblom WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were seven (7) people present 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 June 8, 2016 Page 2 ZT-7-2016 West Valley City Adding Sections 7-6-1701 through 7-6-1709 and amending various Sections of the Zoning and Sign Code to create the Light Industrial Zone West Valley City staff has submitted a zone text change application to add Sections 7-6-1701 through 7- 6-1709 and amend various Sections of the Zoning and Sign Code to create the Light Industrial Zone. Reasons for the New Zone These changes are being proposed for the reasons described below. General Plan Designations The West Valley City General Plan includes heavy and light manufacturing designations on the future land use map. The General Plan also includes definitions for these terms, which are listed below: Light Manufacturing Light Manufacturing areas provide for the manufacture, predominantly from previously prepared materials, of finished products or parts. This may include processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Light Manufacturing does not include extracting industries, petrochemical industries, rubber refining, concrete fabrication, primary metal or related industries. Heavy Manufacturing Heavy Manufacturing is established to provide suitable locations for uses engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials. Also included are uses that engage in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that involve potentially hazardous conditions. Further, Heavy Manufacturing means uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like. Heavy Manufacturing also means those uses engaged in the maintenance or sales of heavy equipment or commercial trucks, or work processes involving solvents, solid waste or sanitary waste transfer stations as well as recycling facilities or salvage yards, towing yards or impound yards. While these designations are included in the General Plan document and future land use map, the City currently only has the M (Manufacturing) Zone which allows both heavy and light manufacturing uses. When the City incorporated in 1980, there were two manufacturing zones – M-1 for light industrial uses and M-2 for heavy industrial uses. In 1986, the City consolidated these two zones into one with the M Zone. The ordinance enacting this consolidation stated that it was done to “provide a clear and more concise set of regulations regarding manufacturing uses in the City.” The current M Zone does designate heavy industrial uses as conditional uses; however, as the Commission is aware, conditional uses are really permitted uses with conditions applied to mitigate any detrimental effects of the uses on their surroundings. In other words, a conditional use really can’t be denied unless it simply doesn’t meet the ordinance. Having a light industrial zone would allow the City to more effectively accomplish the goals in the General Plan. Moratorium West Valley City Planning Commission June 8, 2016 Page 3 In November of last year, the City Council passed a temporary land use regulation or moratorium on land use applications for a period of six months for the area between 2100 South and 2500 South along the west side of 5600 West. A copy of the ordinance enacting the temporary land use regulation is included with this report. The reasons for the moratorium are outlined in the recitals of the ordinance. The proposed light industrial zone addresses the issues raised in the moratorium. Additional discussion on this issue is included in the staff report for Z-6-2016 which, if approved, will rezone the property affected by the moratorium from M to LI. Summary of Proposed Ordinance The proposed Light Industrial Zone was patterned after the M Zone; however, there are significant differences between the two. These differences are summarized below: Regulation M Zone LI Zone Uses Allows office, retail, hospitality, Allows office, limited retailed, restaurant, light industrial and heavy hospitality and light industrial uses industrial uses like salvage yards and gravel extraction Lot and Building Does not include lot and building Requires a minimum lot size of 3 Area Standards area standards acres and a minimum building size of 10,000 sq. ft. (Convenience stores may be on 1 acre and have no minimum building size.) Landscaping Requires 5% landscaping Requires 10% landscaping Outside Storage Allows outside storage as a Only allows outside storage in standalone use. Includes no cap on conjunction with a permitted or the amount. conditional use. Caps outside storage to 20% of the site. Building Design Does not include building design Includes building design standards standards for uses allowed only in for those uses that are not required the M Zone to follow the Commercial Design Standards A copy of the M Zone is included for reference. Staff Alternatives: 1. Approval. 2. Continuance, for reasons determined during the public hearing. 3. Denial. Discussion: Commissioner Matheson asked if buildings in the LI zone must follow the City’s commercial design standards. Steve Pastorik said design standards in the LI zone are a lighter version than what are required for retail or office buildings. Commissioner Matheson asked if the LI zone includes metal buildings. Steve Pastorik answered that under the building design Section 1709 of the ordinance, metal buildings are allowed, but in that case they would be required to follow the commercial design standards. West Valley City Planning Commission June 8, 2016 Page 4 Commissioner Winters asked what was the impetus of creating the LI zone. Steve Pastorik showed an aerial photo from 1977. In the late 1970’s there was no development within a mile of the property located between 2100 South and 2500 South along the west side of 5600 West. Because this property was so far removed, there wasn’t much visibility of the uses there. Fast forward to now, this area is now a gateway into West Valley City. 5600 West has over 40,000 cars a day on it, Hwy 201 has about 60,000 cars a day. This area is now surrounded by light industrial or retail uses. The General Plan is reflecting the change that has happened over a number of years. Steve Pastorik showed the preliminary design for the Mountain View Corridor. He mentioned this information can be seen by anyone by looking on the Mountain View Corridor website. Steve Pastorik noted the creation of the LI zone could be applied in multiple locations, if desired. Commissioner Matheson asked if the LI zone could be applied next to a residential area. Steve Pastorik said it is not prohibited to do so. Adel Handoni, Owner of West Valley Metal Recycling Co., 5600 West 2020 South, asked how to differentiate between light and heavy industrial and how will this zoning affect us? Steve Pastorik said an outdoor recycling facility will not be allowed in a light industrial zone if the City decides to apply LI zoning to the area being discussed. Steve Pastorik said there are several existing businesses in the area who have a business license and who were approved by the City. These businesses can continue to operate even though they would become nonconforming. However, some additional standards will come into play. If a business ceases to operate for a period of a year or more, at that point they would lose the ability to operate the business. Chair Meaders said we will talk about that more with Z-6-2016. Motion: Commissioner Winters moved to approve ZT-7-2016. Commissioner McEwen seconded the motion. Roll call vote: Commissioner Matheson Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Lovato Yes Commissioner Tupou Yes Commissioner Winters Yes Commissioner Woodruff Yes Unanimous – ZT-7-2016 – Approved ZT-9-2016 West Valley City West Valley City Planning Commission June 8, 2016 Page 5 Adding Chapter 7-34 to allow accessory dwelling units under certain conditions West Valley City staff is recommending the addition of Chapter 7-34 to the Zoning Ordinance to allow accessory dwelling units (ADUs) within single family dwellings under certain conditions. The County and State have been working to find solutions to reduce homelessness and create more affordable housing. To show the City’s ongoing support in these efforts, the City Council recently passed the attached resolution setting forth and reaffirming West Valley City’s commitment to fight housing insecurity and homelessness. This resolution included the following direction for City staff: “The City Council directs staff to prepare an ordinance permitting the development of accessory dwelling units on appropriate properties to increase the availability of affordable housing in the City.” The proposed ordinance, which is attached, has been narrowly drafted to only allow accessory dwelling units under certain conditions. These conditions are underlined below along with a brief reason for the each condition: • The minimum lot size required for an ADU shall be 16,000 square feet. The most common single family zone in the City is R-1-8. A lot that is at least 16,000 square feet is typically large enough to have two dwelling units. • The maximum lot width for an ADU shall be 99’. The minimum lot width in the R-1-8 Zone is 80’. To develop a flag lot in the R-1-8 Zone, a lot would need to be 100’ to provide for a 20’ wide driveway. • ADUs shall only be allowed in zones that allow single-family dwellings. There are a few homes in the City that are in non-residential zones. The hope is that such homes would eventually be transitioned to uses that conform to the applicable zone. • ADUs shall only be allowed on properties with homes built prior to 1980. Prior to the City’s incorporation in 1980, there were no standards for single family homes other than the typical setback and height requirements. Given the age and lack of standards on such homes, the need for remodeling is much more likely. Hence, Section 7-34-107 was added to require remodels for homes that incorporate ADUs. • ADUs shall be located on properties designated for single-family dwellings in the West Valley City General Plan. There are some homes within the City where the future land use designation in the General Plan is for non-residential. The hope is that such homes would eventually be transitioned to uses that conform to the General Plan. • A primary dwelling unit containing an ADU shall be occupied by the owner of the premises. This provision was included to prevent the disadvantages of absentee ownership and to preserve the residential neighborhood character. • All accessory dwelling units shall meet the design standards listed in the ordinance. These standards are largely intended to protect the single family residential character of neighborhoods. A home with an ADU should not appear from the street to have an ADU. During the study session a suggestion was made to include a maximum ADU size. The latest version of the ordinance includes a 600 square foot maximum ADU size. Staff Alternatives: 3. Approval. Continuance, for reasons determined during the public hearing. West Valley City Planning Commission June 8, 2016 Page 6 Discussion: Chair Meaders asked Commissioners if they agree with a 600 square foot maximum ADU size. Steve Pastorik related that many basements are larger than 600 square feet, but a portion of the basement can be used to create an ADU. Commissioner Matheson said this ordinance does not address renting one room of a house on a temporary basis, which is becoming more common. During the Olympics, many people opened up their homes. Airbnb is an online website that allows travelers to book accommodations anywhere in the world. Homeowners typically get $75 a night for a room. This type of rental is something the City may want to address in the future. Steve Pastorik said someone can rent a room in a home if they are sharing the same facilities as the homeowner. However, City code does not allow for the creation of a second, independent living space within the unit with separate access, kitchen, living space, bathroom, etc. Commissioner Winters is concerned about the small number of lots where an ADU will be allowed. The restrictions exclude a lot of people from having an ADU. He also understands the difficulty with maintaining compliance with those who could have an ADU. In lieu of having a better proposal, he supports this application because it is a place to start. Commissioner Woodruff agrees. Motion: Commissioner Winters moved to approve ZT-9-2016. Commissioner Woodruff seconded the motion. Roll call vote: Commissioner Matheson Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Lovato Yes Commissioner Tupou Yes Commissioner Winters Yes Commissioner Woodruff Yes Unanimous – ZT-9-2016 – Approved ZT-10-2016 West Valley City Adding Sections 7-6-1801 through 7-6-1811 to create the Supportive Housing Zone West Valley City staff is recommending the addition of Sections 7-6-1801 through 7-6-1811 to create the Supportive Housing (SH) Zone. The County and State have been working to find solutions to reduce homelessness and create more affordable housing. To show the City’s ongoing support in these efforts, the City Council recently passed the attached resolution setting forth and reaffirming West Valley City’s commitment to fight housing insecurity and homelessness. This resolution included the following direction for City staff: “The City Council directs staff to evaluate the General Plan and local zoning to West Valley City Planning Commission June 8, 2016 Page 7 facilitate the development of permanent supportive housing in the City.” According to the Corporation for Supportive Housing (CSH), supportive housing “combines and links permanent, affordable housing with flexible, voluntary support services designed to help the tenants stay housed and build the necessary skills to live as independently as possible.” Summary of Proposed Ordinance The proposed Supportive Housing Zone was patterned after the RM (residential, multi-family) Zone; however, there are significant differences between the two. These differences are summarized below: Regulation RM Zone SH Zone Uses Allows apartments, day Allows apartments as a permitted care/preschool centers, hospitals use. Does not allow day and offices as conditional uses care/preschool centers, hospitals and offices Area and Includes no maximum number of Includes a maximum number of Density units. Density is capped based on units of 50. Density is capped at 22 Regulations the General Plan designation: 12 units/acre. units/acre for medium density, 20 units/acre for high density and over 20 units/acre for very high density Height Allows up to 75’ in height Allows up to 36’ in height Regulations Development Does not require a development Requires a development agreement Agreement agreement Required Examples of Existing Supportive Housing Two examples of supportive housing in West Valley include the Kelly Benson Apartments at 3122 S 3600 W and the Jared Alan Campbell Court Apartments at 1596 W 3395 S. The Kelly Benson Apartments provide 59 permanent supportive housing units on 2.3 acres for seniors aged 55 and older with disabling conditions including those who have been homeless or chronically homeless. The Jared Alan Campbell Court Apartments provide 26 units on 2.6 acres for single women and families that are victims of domestic violence and are at risk of abuse. Both projects are 2 story buildings. Staff Alternatives: 1. Approval. 2. Continuance, for reasons determined during the public hearing. Discussion: Steve Pastorik said that there was some discussion by the Planning Commission during the pre-meeting about adding some flexibility to the density. Chair Meaders mentioned that there is a concern about whether a supportive housing zone would be possible with recent restrictions that were implemented last year. Steve Pastorik said we will need to amend another section of the code to make it compatible, which should be an easy change. Commissioner Lovato asked if this application is in response to what is happening downtown in Salt Lake County. Steve Pastorik confirmed that there is a larger effort by the County and the State to West Valley City Planning Commission June 8, 2016 Page 8 address housing insecurity, affordable housing, and homelessness. The City is supportive of those efforts and also wishes to do its part. Motion: Commissioner Woodruff moved to approve ZT-10-2016 with the addition that the maximum density of 22 units per acre may be modified as per development agreement, if appropriate. Other modifications must be made to make this compatible with recent changes to the Zoning Ordinance. Roll call vote: Commissioner Matheson Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Lovato Yes Commissioner Tupou Yes Commissioner Winters Yes Commissioner Woodruff Yes Unanimous – ZT-10-2016 – Approved Z-6-2016 West Valley City 2100 S to 2500 S along the west side of 5600 W M to LI 72 Acres West Valley City staff has submitted a zone change application for approximately 72 acres along the west side of 5600 West between 2100 South and 2500 South from the M (Manufacturing) Zone to the proposed new LI (Light Industrial) Zone. While infrequent, City initiated zone changes are not unprecedented. Shortly after West Valley City was incorporated, the City initiated several zoning changes to large areas of the City to limit the amount of multi-family residential development. Last year the City rezoned numerous parcels to encourage larger lot residential development. In these examples, the City was proposing the changes to accomplish goals identified in the General Plan. Reasons for the Proposed Zone Change In November of last year, the City Council passed a temporary land use regulation or moratorium on land use applications for a period of six months for the subject property. A copy of the ordinance enacting the temporary land use regulation is included with this report. The reasons for the moratorium are outlined in the recitals of the ordinance. The reasons for this proposed change in zoning are outlined below: Current Zoning and General Plan Designation Not Compatible Zoning is the primary tool for implementing the City’s General Plan. If zoning and the General Plan are not aligned, the City’s goals will not be realized. There are several uses allowed in the M Zone that are heavy industrial and not compatible with the General Plan designation of light industrial for this area. Of the 72 acres proposed for rezoning, approximately 24 acres are developed. From the remaining vacant acreage, an estimated 13 acres will be used for the Mountain View Corridor. West Valley City Planning Commission June 8, 2016 Page 9 Area Development and Anticipated Changes Make Heavy Industrial Inappropriate at this Location The salvage yard area has included businesses since before the City was incorporated. As seen in the attached air photo from 1977, the closest development to the salvage yards was over a mile away. In the attached air photo from 2015, one can see the results of nearly 40 years of growth. Now, new development is approaching on all sides. The subject area has exposure from 5600 West with over 43,000 cars a day and SR 201 with nearly 63,000 cars a day. UDOT is currently extending the Mountain View Corridor north from 5400 S to 4100 S. The extension from 4100 S to SR 201 is projected to be completed in 2020. According to the Wasatch Front Regional Council, projected 2040 average weekday traffic on this segment of the Mountain View Corridor is 145,000. In summary, 5600 West is a critical, high visibility, commercial arterial and development along this gateway corridor will only become more visible in the future. New development along 5600 West has the potential to significantly grow employment opportunities and improve the image of the City. Heavy manufacturing uses such as those permitted in the M Zone will not promote these ends as effectively as development in accordance with the provisions of the LI Zone. In addition, heavy manufacturing uses are incompatible with current development patterns, the anticipated evolution of the 5600 West corridor, and the City’s efforts to promote the 5600 West corridor as a gateway to the City. Prior City Efforts Given the importance of this segment of 5600 West, the City has undertaken several efforts over the years to encourage quality redevelopment and development. In 2001, the City created the 5600 West Gateway RDA that allows the use of tax increment to incentivize redevelopment and development. In 2004, the City, together with Magna Water, formed a special improvement district or SID to bring water and sewer to the area. Also in 2004, the City adopted the 5600 West Overlay Zone which applied to 250’ on both sides of 5600 West between SR 201 to 3100 S. This Zone includes design requirements and use restrictions. In addition, there have been several concerted enforcement efforts to cleanup problem areas in the salvage yards including businesses operating without a license. However, these tools require that future land uses are compatible with current development patterns, anticipated growth, and the City’s General Plan objectives in order to be most effective. Nonconforming Uses Any existing, licensed businesses that are operating as approved by the City and are not allowed in the LI Zone will, if this zone change is approved, become nonconforming uses. Nonconforming uses of land may be continued at the discretion of the property owner. If a nonconforming use is discontinued for a continuous period of more than one year it shall constitute an abandonment of the use and any future use of such land shall conform to the provisions of the LI Zone. Alterations or expansions of nonconforming uses must be approved the Board of Adjustment. Staff Alternatives: 1. Approval of the zone change as proposed. 2. Continuance, for reasons determined during the public hearing. 3. Denial. Discussion: Chair Meaders asked Steve Pastorik if he has received any letters in opposition of the zone change. Steve Pastorik said a letter of protest was received from Mulhair Enterprises. Commissioner Winters asked Steve to go over potential restrictions that would take place if a West Valley City Planning Commission June 8, 2016 Page 10 property in the LI zone is sold. Steve Pastorik said the restrictions are not applicable upon the sale of the property, but are applicable if the use discontinues. Existing businesses can continue to operate as approved indefinitely as per their existing business license. However, if their business license lapses for a period of a year or more, any new business would need to comply with the use restrictions of the new zone. Commissioner Winters asked, if an owner was to sell a property and the new owner was to immediately resume similar use of that property, would that be allowed? Steve Pastorik answered, yes, the new owner can continue to use the property as it was in the past. Chair Meaders asked about nonconforming setbacks. Steve Pastorik indicated the setbacks in the LI zone are the same as in the Manufacturing zone. The City cannot retroactively impose design and landscaping requirements with this new ordinance. The City already has provisions in the area that trigger certain improvements for existing businesses. If a use becomes nonconforming and there is a proposed expansion to a building, it must be reviewed by the City’s Board of Adjustment (BOA). Brandon Hill said the BOA may impose conditions that mitigate future expansion of a property. Steve Pastorik acknowledged that there have been businesses in the area since before the City was incorporated. These businesses pre-dated City ordinances. Some businesses may be short on landscaping or surfacing requirements, however, as long as they continue to operate as they were approved 30-40 years ago, they can continue to operate in that way. Bill Mulhair, 4452 Nancy Drive, owns Mulhair Enterprises, LLC at 2314 S 5600 W. He appreciates that the City has answered most of his questions. He had concerns whether he could continue business as usual, but sees that his business is grandfathered in. As long as he does not try to expand his business or to try to build on it, everything can remain the status quo. Bill Mulhair is concerned about being able to sell his property. Commissioner Meaders asked, if Bill Mulhair was to sell his property, if the new owner would have to make any adjustments to the property. Steve Pastorik said he did some research after receiving Bill Mulhair’s letter. The Dwamco business license ended at the end of 2003. The City imposed an overlay zone that covers the property Bill Mulhair owns in 2004. At the time Bill Mulhair purchased the property, it was already a nonconforming use, but he has been able to operate the business. Bill Mulhair thanked Steve Pastorik and said all of his questions have been answered. Commissioner Matheson feels that with continued development in this area, the property will become more valuable. Steve Pastorik said, generally speaking, as you see development in an area, property value rises. Rex Butcher from Chick’s Auto Salvage said he has a potential buyer for the property he owns. He asked if the buyer purchases the property, if the name of the business must be kept. Steve Pastorik said a different business name can be used, but the use must remain. Steve Pastorik said that UDOT purchased some properties for Mountain View Corridor, such as Penguin Auto Wrecking. Not all of the property is needed for Mountain View Corridor and will eventually be sold off. The City is hoping the new uses on these properties will comply with the new standard. Motion: Commissioner McEwen moved to approve Z-6-2016. Commissioner Tupou seconded the motion. Roll call vote: West Valley City Planning Commission June 8, 2016 Page 11 Commissioner Matheson Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Lovato Yes Commissioner Tupou Yes Commissioner Winters Yes Commissioner Woodruff Yes Unanimous – Z-6-2016 – Approved PLANNING COMMISSION BUSINESS Approval of Minutes from May 25, 2016 (Regular Meeting) Approved Approval of Minutes from June 1, 2016 (Study Session) Continued There being no further business, the meeting adjourned at 4:52 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant