Planning Commission Meeting

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES April 11, 2018 The meeting was called to order at 4:01 p.m. by Commissioner Meaders at 3600 Constitution Blvd., West Valley City, Utah. WEST VALLEY CITY PLANNING COMMISSION MEMBERS Brent Fuller, Matthew Lovato, David McEwen, Clover Meaders, Darrick Porter, and Harold Woodruff ABSENT Martell Winters and Cindy Wood WEST VALLEY CITY PLANNING DIVISION STAFF Jody Knapp, Steve Pastorik, and Brenda Turnblom WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were approximately 12 people in the audience. Application #: GPZ-2-2018 Applicant: Dwell Design Build Address: 1580 W Whitlock Ave. Request: General plan change from rural residential to large lot residential and zone change from A to RE Property Size: 3.04 acres 3600 Constitution Blvd. West Valley City, UT 84119-3720 Phone (801) 966-3600 Fax (801) 963-3559 West Valley City Planning Commission April 11, 2018 Page 2 Dwell Design Build has submitted a General Plan/zone change application for two parcels totaling 3 acres located at 1580 W Whitlock Avenue. The property is currently zoned A (agriculture, minimum lot size of ½ acre) with a General Plan designation of Rural Residential (2 or less units/acre). The proposed zone is RE (Residential Estate) and the proposed General Plan designation is Large Lot Residential (2 to 3 units/acre). Surrounding zones include A to the east, south and a portion of the north; R-1-6 (single unit dwelling residential, minimum lot size 6,000 square feet) to the west and RM (multiple unit dwelling residential) for the remaining north portion. The property is surrounded by single family homes with the exception of the Red Oaks townhomes to the north. Development Proposal The applicant has submitted a concept plan, which is attached, that shows the subject property being subdivided into 8 lots averaging just over 15,000 square feet and yielding a density of about 2.7 units/acre. A significant issue with the concept plan is the half width of both Whitlock Avenue and Chatham Street are included within lots. The City will require the half width of both Whitlock and Chatham to be dedicated as both halves been used as roadways since before the City was incorporated. Once the necessary right-of-way is dedicated, there will not be sufficient area to accommodate 8 lots. Also attached is a letter from the applicant supporting this application. Development Agreement A development agreement is required for this project. Section 7-14-105 (3)(q) 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.” The applicant has submitted the attached proposed development agreement standards that include several exceptions to City standards. These exceptions are listed below along with a brief comment from staff:  Requested exception: Allow a bonus room over a garage count toward the minimum square foot requirement for rambler plans. o Staff comment: This has not been done in any other development.  Requested exception: Reduce the minimum square foot requirement for multi-level plans from 3,000 square feet to 2,500 square feet. o Staff comment: The Council has only reduced the minimum square feet in one R-1-8 subdivision for 7 awkward shaped lots out of a total of 18 lots. The reduction (1,700 SF for ramblers and 2,500 SF for multi-levels) was approved in exchange for interior and exterior home upgrades and landscaping. The minimum lot size in the RE zone is 4,000 square feet larger than the R-1-8 minimum lot size.  Requested exception: Allow “in-law” apartments o Staff comment: This has not been done in any other development.  Requested exception: Reduce the lot frontage from 100’ to 80’ o Staff comment: As mentioned earlier, the concept plan should really be reworked. The layout could be reworked so that the lot widths meet or come closer to meeting the minimum lot width. West Valley City Planning Commission April 11, 2018 Page 3  Requested exception: Reduce the minimum roof pitch from 6/12 to 4/12 o Staff comment: The Council did approve a reduction in the roof pitch from 6/12 to 4/12 to allow for Prairie style roofs. While the zoning to the east and south is A, some of the neighboring lots within the A zone are less than ½ acre. In staff’s view, RE zoning seems appropriate here as a transition to ½ acre lots. However, staff does not support the requested exceptions in the proposed development agreement. Staff Alternatives:  Approval of the zone change to RE subject to a development agreement that requires all new homes to meet the City’s standards.  Continuance, to allow the applicant the opportunity to amend the concept plan.  Denial, the General Plan should remain Rural Residential and the zoning should remain A. Discussion: Steve Pastorik said he received an email from the applicant asking that this application be continued. Motion: Commissioner Fuller moved to continue GPZ-2-2018 to the next meeting, April 25, 2018. Commissioner Woodruff seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – GPZ-2-2018 – Continued Application #: Z-5-2018 Applicant: Hines Acquisitions, LLC Address: 6279 W 2551 S Request: Zone change from A to M Property Size: 48.8 acres Hines Acquisitions, LLC has requested a zone change on a 48.8 acre parcel at 6279 W 2551 S from A (agriculture, minimum lot size ½ acre) to M (manufacturing). Surrounding zones include M to the north and west A to the south and east. Neighboring uses include the developing ARA Industrial Park to the west, Rocky Mountain Raceway to the north, the Riter Canal to the south and vacant property to the east. The subject property is designated as light manufacturing in the West Valley City General Plan. The City’s Major Street Plan, which is part of the General Plan, shows 2540 S extending through this property. West Valley City Planning Commission April 11, 2018 Page 4 The applicant has submitted a concept plan, which is attached. Also attached is a letter from the applicant describing the proposal. The intended use is warehouse/light industrial similar to the ARA Industrial Park to the west. The total building area is over 600,000 square feet. Given the size of the proposal (over 10 acres), a conditional use permit would be required for the use approval assuming the zone change is approved. The State legislature has appropriated funds to extend 2540 S to the east and then north to connect with the future frontage road west of Mountain View Corridor. To facilitate this construction, staff recommends a development agreement requiring the dedication of right-of-way for the extension of 2540 S through the subject property. Staff also recommends that the development agreement require the construction of 2540 S through this property as the State appropriated funds may not be sufficient to construct the entire road. Staff Alternatives:  Approval, subject to a development agreement requiring the dedication of right-of-way for the extension of 2540 S through this property.  Continuance, for reasons determined at the public hearing.  Denial. Applicant: Daniel Stevens 178 South Rio Grande Street, Suite 150 Salt Lake City, Utah 84101 Discussion: Daniel Stevens said he is excited about the opportunity to develop this property. Hines Acquisitions is an international firm with about 30 million sqft of industrial development around the world. Hines Acquisitions currently manages about 40 million sqft of property on a third-party basis. Commissioner Porter disclosed that he is related to the original owner that sold this property to Hines Acquisitions, but he is not benefiting from the transaction in any way. Motion: Commissioner Lovato moved to approve Z-5-2018 subject to a development agreement requiring dedication of right-of-way for the extension of 2540 South through this property. Commissioner McEwen seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – Z-5-2018 – Approved West Valley City Planning Commission April 11, 2018 Page 5 C-7-2018 Jeannette Auto 3481 S 3690 W C-2 Zone (0.37 acres) The applicant, Mark Baumann with CRC Construction, Inc., is requesting conditional use approval for a new automobile service building. The property is zoned C-2, General Commercial, and the West Valley City General Plan designates this area as General Commercial. The surrounding zoning to the east, south and west is also C-2. Zoning to the north and across the street to the west is R-1-8 (Single Unit Dwelling Residential). Adjacent land uses include a multi-tenant retail building to the east, a restaurant, pet store and pawn shop to the south, duplexes and a bank to the west, and a single unit dwelling to the north. The applicant is proposing to construct a 2,273 sq. ft. building for automobile service. The business owners intend to do general automotive repair including oil changes, engine and transmission work and emissions testing. The building will include three service bays, as well as office space, a storage area, a restroom, and a customer waiting/check-out area. Store hours will be from 8 a.m. to 5:30 p.m. and there will initially be four employees. Access to the site will be from 3690 West. The property is undeveloped and is bordered by residential uses on the north and west. A six-foot masonry wall will be installed along these residential boundaries. Noise can be a concern with this type of use. The building is oriented south on the site so that the service bay doors are not facing any residential uses. There can be no outside storage on the property. The exterior of the building will mostly be EIFS, with stone and galvanized siding added to the south elevation. Since the building is tucked behind other buildings, and will not really be visible from the public right-of-way, the commercial design standards will only apply to the south elevation, which has the customer entrance. The proposed building elevation meets these requirements. Nine parking spaces are required and 12 are proposed on the site. Fifteen percent landscaping is required and 17% will be provided. The landscaped areas adjacent to the residential uses will include one tree spaced every 30 feet and 50% live plant material. The property owners to the north expressed concerns with having deciduous trees bordering their property, and having to deal with leaves that would come into their yard each fall. The applicant has indicated that they are willing to place conifers along the northern property line behind the building. The applicant has not provided plans for signage on the property, but any signage will need to comply with the regulations in Title 11 of the West Valley City Code. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. A 6’ masonry wall shall be provided along the north and west boundaries of the property which are adjacent to the residential land uses. 2. There shall be no outside storage on the property. 3. The building shall be completed per the approved plans and the south elevation shall be designed in accordance with the commercial design standards for secondary facades. 4. The landscaping shall meet all requirements of Title 7 of the West Valley City Code. Conifers shall be used along the north property line for the three trees farthest to the east. 5. Signage shall comply with the West Valley City Code. 6. Shall meet the requirements of all affected departments and agencies. West Valley City Planning Commission April 11, 2018 Page 6 7. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Mark Bauman, CRC Construction 7011 South 700 West Midvale, UT 84047 Discussion: Allen and Carrie Beck’s property line runs the full length of the north side of the existing building. They asked the Planning Commission to consider the following items: 1. Allen and Carrie Beck requested that all existing trees be removed along their property line and no trees be replanted along the north fence at all. They have cleaned up after the existing trees on all sides of their property for 22 years and do not wish to continue. 2. They are concerned about drainage flooding their driveway. 3. What variety of trees will be planted around the site? 4. Please consider lighting on the back of the building for security and to prevent graffiti. Carrie Beck suggested shrubs be planted instead of trees along the north wall. She does not want evergreen trees, because they drop pine needles that clog the canal. Brandon Hill said the landscaping plan may be reconfigured to better meet the needs of the property owners. Allen and Carrie Beck asked about the drainage plan for the property. Carrie Beck said during heavy rain, water fills the adjacent lot. Once an additional gutter is continued from Pets and Such, the water will carry and fill her driveway. Brock Anderson said grading and drainage plans will be submitted to the Public Works Department after conditional use approval is granted. Chair Meaders suggested Allen and Carrie Beck speak with the developer (also present) after the meeting. Commissioner Lovato asked if 6’ shrubs could replace the required trees. Chair Meaders said that change is within the Planning Commission’s authority. Motion: Commissioner Woodruff moved to approve C-7-2018 subject to the seven items listed in the staff report., deleting that conifers are required along the north fence. Commissioner McEwen seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – C-7-2018 – Approved C-8-2018 BrandSafway West Valley City Planning Commission April 11, 2018 Page 7 2380 South 3600 West M Zone (2.86 Acres) The applicant, JKZ Ltd., representing BrandSafway, is requesting conditional use approval for outside storage at 2380 South 3600 West. The zoning for this area is M, manufacturing. The West Valley City General Plan designates this area as light manufacturing. The surrounding zone is manufacturing on all sides. The surrounding uses include office/warehouse and other light industrial uses. BrandSafway has recently relocated their operations to this site and are in the process of remodeling the interior of the existing building and cleaning up the site. The company is a construction service company so part of their operations includes outside storage of construction materials, scaffolding, steel and safety equipment. Therefore, they are requesting conditional use approval for that portion of their project. The entire property is 2.86 acres and approximately 1.4 acres will be used for outside storage. The storage area will be located behind the building along the rear of the site (west side) so it is not visible to the public. The entire area will be hard surfaced. The overall minimum required landscaping for the site is 5% and 5.7% has been provided. There is existing landscaping along the front of the site (east side), which is located along 3600 West. This is a High Image Arterial Street, so that landscaping is being updated to conform to the standards set forth in chapter 7-10 of the WVC Municipal Code. The frontage will also be improved to include curb, gutter and sidewalk. All areas that are considered landscaping must have a minimum 50% live plant material and trees planted at a ratio of one tree for every 300 square feet of required landscaping. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following conditions: 1. The outside storage area shall be improved per the submitted plans and screened from public view. 2. The frontage shall be completed per the standards set forth in chapter 7-10 of the WVC Municipal Code. 3. All areas considered landscaping shall include a minimum of 50% live plant material and trees planted at a ratio of one tree for every 300 square feet of required landscaping and shall be completed per the approved plan. 4. All requirements of affected departments and agencies must be met, including but not limited to WVC Public Works. 5. This use is subject to review upon a valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. West Valley City Planning Commission April 11, 2018 Page 8 Applicant: John Zarbock 1917 Foxmoor Place Sandy, UT 84092 Discussion: John Zarbock said Brandsafway has been in the City for 18 years. Brandsafway merged with two other companies and is a multi-billion-dollar construction services company mostly dealing in scaffolding and safety equipment. He is concerned about security on the property and feels that screened fences harbor criminal activity. John Zarbock showed photos of the outside storage on their current property, which is orderly and set back from the road. Commissioner McEwen noticed that outside storage is stacked high in the photos and asked if it will be stacked high on the new property. John Zarbock answered yes. Commissioner McEwen feels that outside storage should be screened from the adjoining daycare and from the view of anyone passing by. Brandon Hill said that screening requirements may be balanced with the need for security and visibility. Commissioner Woodruff said screening from public view in the past has meant screening along public streets. He suggested narrow, ½ slats be inserted in the fence to allow more visibility. Chair Meaders said security is a valid concern that screening requirements don’t necessarily outweigh. Motion: Commissioner Woodruff moved to approve C-8-2018 subject to the five items listed in the staff report. Screening is only required along the public street. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen No Commissioner Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Majority – C-8-2018 – Approved C-9-2018 Pyramid Auto Sales Caretaker’s Dwelling 4565 West 3500 South C-2 Zone (1.35 Acres) The applicant, Miguel Alpizar, representing Pyramid Auto Sales, is requesting a conditional use amendment for a caretaker’s dwelling at 4565 West 3500 South. This property is zoned C-2, General Commercial and the West Valley City General Plan designates this area as General Commercial. The surrounding zone is C-2 to the east and west, R-1-8 to the north and south. The surrounding uses include Advanced RV to the west, storage units to the east, single family residential to the south and City Park to the north across 3500 South. This site was originally occupied by the Fraternal Order of Eagles (1974). In 2016, Pyramid Auto Sales was approved for a used auto sales business (C-47-16). At this time, Mr. Alpizar is requesting approval West Valley City Planning Commission April 11, 2018 Page 9 for a caretaker’s dwelling at this location so they can have an on-site manager to provide security and maintenance for this property. In the City Code a caretakers dwelling is defined as “a Dwelling Unit for the caretaker of an otherwise nonresidential Building that is completely contained within the nonresidential Building”. Per 7-6-301 a caretaker’s dwelling is a conditional use in a C-2 zone. The existing building is approximately 11,000 square feet and the caretakers dwelling will be approximately 2,000 sqft. It will contain 3 bedrooms and 2 bathrooms. The exterior of the overall building was originally redone with the auto sales business. The applicant is now proposing to add additional windows and doors in the façade of this section of the building for the dwelling. A site review was conducted for this application and there are some outstanding conditions of approval and some site violations that will need to be corrected prior to issuance of a permit for the new use. A copy of the original conditions of approval have been attached to this report. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The approved use for this application is for a Caretaker’s Dwelling only. 2. The conditions set forth in C-47-16 must be met. 3. The building must be completed per the approved plans. 4. Must meet the requirements of all affected departments and agencies. 5. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Miguel Alpizar 2226 Whisperwood Drive Lehi, Utah Motion: Commissioner Lovato moved to approve C-9-2018. Commissioner McEwen seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes Commissioner Porter Yes West Valley City Planning Commission April 11, 2018 Page 10 Commissioner Woodruff Yes Unanimous – C-9-2018 – Approved M-2-2018 Planet Tooth Landscaping Modification 5628 W Parkway Blvd C-1 Zone (0.9 Acres) The applicant, Leland Powell, is requesting modifications to the requirements of Section 7-10-103 of Title 7, Landscaping Standards Applicable to All High-Image Arterials. The zoning for the property is C-1, Neighborhood Commercial. The surrounding zoning is RM to the north and south, A to the west, and C-2 to the east. Adjacent land uses include Sandalwood Apartments to the north, Balmoral Townhomes to the south, agricultural property with single unit dwellings to the west, and a restaurant and convenience store to the east. This property received permitted use approval in 2012 (ZPR-1-2012). At the time of approval, the property met all landscaping requirements for a C-1 Zone. As part of the Mountain View Corridor project, the Utah Department of Transportation (UDOT) will be acquiring additional right-of-way, which will impact the 20-foot landscape buffer along Parkway Blvd. The landscaped buffer, which is required by Title 7 (7-10-103(1)), will be reduced to10 feet in width after the expansion. The Planning Commission can grant a modification to the landscaped buffer requirement if the property owner can demonstrate that compliance would necessitate “elimination of improvements required by other ordinances which could not be relocated elsewhere on the site” (7-10-104(1)(b)). The applicant is requesting that the property be allowed to have a 10-foot wide landscaped buffer along Parkway Blvd. after the UDOT expansion is completed, as expanding the buffer to 20 feet would eliminate 11 parking stalls on the property. As shown in the applicant's letter, the dental practice does not currently use all of the chairs that are available in the building. There are plans to use more chairs in the future, which would utilize more parking stalls on the site. Additionally, the property owner would like to develop the vacant portion on the north end of the parcel in the future. When the applicant developed the property for the dental office, he provided additional parking that could be used for the pad site on the north. If 11 stalls are eliminated on the property he would not be able to develop the remainder of his property as originally planned. All other landscaping requirements for the landscaped buffer shall be met. Staff Alternatives Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The landscaped buffer along Parkway Blvd may be reduced to 10-feet wide 2. All other landscaping requirements of Title 7 of the West Valley City Municipal Code shall be met. 3. The applicant shall provide an updated landscape plan to staff for approval before the new landscaping is installed. Continuance, for reasons determined at the hearing. Applicant: Miguel Alpizar 2226 Whisper Wood Dr. West Valley City Planning Commission April 11, 2018 Page 11 Lehi, UT Motion: Commissioner Lovato moved to approve C-9-2018. Commissioner McEwen seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – C-8-2018 – Approved M-2-2018 Planet Tooth Landscaping Modification 5628 W Parkway Blvd C-1 Zone (0.9 Acres) The applicant, Leland Powell, is requesting modifications to the requirements of Section 7-10-103 of Title 7, Landscaping Standards Applicable to All High-Image Arterials. The zoning for the property is C-1, Neighborhood Commercial. The surrounding zoning is RM to the north and south, A to the west, and C-2 to the east. Adjacent land uses include Sandalwood Apartments to the north, Balmoral Townhomes to the south, agricultural property with single unit dwellings to the west, and a restaurant and convenience store to the east. This property received permitted use approval in 2012 (ZPR-1-2012). At the time of approval, the property met all landscaping requirements for a C-1 Zone. As part of the Mountain View Corridor project, the Utah Department of Transportation (UDOT) will be acquiring additional right-of-way, which will impact the 20-foot landscape buffer along Parkway Blvd. The landscaped buffer, which is required by Title 7 (7-10-103(1)), will be reduced to10 feet in width after the expansion. The Planning Commission can grant a modification to the landscaped buffer requirement if the property owner can demonstrate that compliance would necessitate “elimination of improvements required by other ordinances which could not be relocated elsewhere on the site” (7-10-104(1)(b)). The applicant is requesting that the property be allowed to have a 10-foot wide landscaped buffer along Parkway Blvd. after the UDOT expansion is completed, as expanding the buffer to 20 feet would eliminate 11 parking stalls on the property. As shown in the applicant's letter, the dental practice does not currently use all of the chairs that are available in the building. There are plans to use more chairs in the future, which would utilize more parking stalls on the site. Additionally, the property owner would like to develop the vacant portion on the north end of the parcel in the future. When the applicant developed the property for the dental office, he provided additional parking that could be used for the pad site on the north. If 11 stalls are eliminated on the property he would not be able to develop the remainder of his property as originally planned. All other landscaping requirements for the landscaped buffer shall be met. West Valley City Planning Commission April 11, 2018 Page 12 Staff Alternatives Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The landscaped buffer along Parkway Blvd may be reduced to 10-feet wide 2. All other landscaping requirements of Title 7 of the West Valley City Municipal Code shall be met. 3. The applicant shall provide an updated landscape plan to staff for approval before the new landscaping is installed. Continuance, for reasons determined at the hearing. Applicant: Leland Powell 2682 Anna Caroline Drive West Valley City, UT 84128 Discussion: Leland Powell said his pediatric dentistry business requires a lot of parking spaces. An orthodontist will soon be joining him in the building. He cannot afford to lose 12 much-needed parking spots, which is why he is requesting this landscaping variance. Motion: Commissioner Lovato moved to approve C-9-2018. Commissioner McEwen seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – C-8-2018 – Approved Approval of Minutes from March 28, 2018 (Regular Meeting) Approved Approval of Minutes from April 4, 2018 (Study Meeting) Approved There being no further business, the meeting adjourned at 4:49 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant