Planning Commission Meeting

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES April 25, 2018 The meeting was called to order at 4:03 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, Martell Winters, Cindy Wood, and Harold Woodruff WEST VALLEY CITY PLANNING DIVISION STAFF Steve Lehman, 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 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). 3600 Constitution Blvd. West Valley City, UT 84119-3720 Phone (801) 966-3600 Fax (801) 963-3559 West Valley City Planning Commission April 25, 2018 Page 2 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.  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. West Valley City Planning Commission April 25, 2018 Page 3 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. Applicants: James Graham Andrew Larsen 1580 West Whitlock Ave. 876 Hollyhock Ave West Valley City, UT 84119 Sandy, UT 84094 Discussion: James Graham said he wants to keep and remodel the existing house on this property. He has built some beautiful homes. The City Council has denied his application requests for this property four times. There have been transients breaking into and living on this property. James Graham would appreciate help moving this project forward. This area needs a buffer between the canal to keep transients from coming in. Chair Meaders asked if it is feasible to reduce the lots on this property to seven. James Graham said there needs to be more than seven lots. This property is surrounded by higher density: duplexes, 3,000-4,000 sqft lots to the west, and manufactured homes across the street. Commissioner Winters said we are considering changing zoning to the RE zone, but with all of the exemption requests, it would be more like an R-1-10 zone. James Graham pointed out that the lot sizes are still large, at 15,000 sqft. It doesn’t make sense economically to build a ginormous house here. Commissioner Winters asked if the 15,000 sqft includes part of the street. James Graham said the street is not included in the calculations, even though he owns Chatham Street and Whitlock Ave. The City is making him have larger lots, but not giving him any benefits, even though he is paying taxes on the roads. He wants some flexibility in the development agreement to make this project somewhat feasible. Commissioner Wood asked what type of marketing could be done to entice people to purchase such a large home in this area. James Graham said the Planning Commission has General Planned it to be this way and he is the one stuck with the problem. The Planning Commission has shot him down four times, and here he is a fifth time. James Graham said he has spoken to the Police and Fire Departments. This large property with a tiny house on it is being used to shoot up cocaine. This property needs to be developed, beautified, and taken control of. Andrew Larsen said he is one of the owners of this property. He said a zone text change was unanimously approved for this property by the Planning Commission. This same zone text change was unanimously voted down by the City Council. Andrew Larsen stated there is risk in building in the RE zone. People may not purchase the homes and the project may fail. Because this property is surrounded by smaller homes, it will be a hard sell. There are a lot of baby boomers who do not West Valley City Planning Commission April 25, 2018 Page 4 want to go into a nursing home or assisted living. They want to be where their family is. A development agreement will help to make sense of these giant lots. A mother-in-law apartment over a detached or attached garage is a configuration that is very popular and will help people want to live here. Mikey Anderton, 2502 South Chatham, lives directly across the street from this property. She chose this place because it is rural. People live here because of the large lots and animal rights. Mikey Anderton said traffic on the S-curve is very busy. Adding even more traffic would be horrendous to the neighborhood. Mikey Anderton reported a bald eagle hunts from the tree on these three acres. There is a peregrine falcon, two red talk hawks, beaver, and deer on this street. There is a horse and bird rescue here. This isn’t the place for a compact neighborhood. She also does not want large homes looking into her backyard. Mikey Anderton said there are very few outlets from this neighborhood. Many churches chose this neighborhood to get away from traffic and people. She does not think putting half a million-dollar homes in the poorest part of West Valley City is a good choice. Skye Metcalf, 1505 West Shelley Ave., has young children who she rides bikes with. She does not want to add to the already busy traffic in the area, especially with no sidewalks, which is scary. She does not want to drive the wildlife out of this area. Leslie Densley, 2540 South Chatham St., said squatters have been living in the home on the property. She has called the police and police have responded. She asked why is this property not fenced for the protection of the surrounding public. She reported that squatters camp along the river and come through her neighborhood. Leslie Densley said an article in the City Weekly stated that the General Plan of West Valley City is not to change Chesterfield; no large development will come into Chesterfield. Leslie Densley said goats and horses are her livelihood. She is concerned that if this development goes in, her animal rights will be taken away. She reported it takes 25 minutes for the people from the mosque to get out of the neighborhood due to traffic. She would not spend $350,000 to live on this property due to the traffic. She feels larger homes are out of place in this area. Leslie Densley feels this property will not sustain seven homes and no one will buy $400,000 homes in this area. Monica Dickson, 2495 South Chatham Street, lives directly across the street from this lot. She agrees that development of this property will slow down vagrant activity. She is in favor of developing the property and is excited for it to happen. She feels large homes will look like monstrosities in this area. Her house is 950 sqft. The house north of her, facing this property, is a one bedroom, 600 sqft house. The proposed homes will look like castles and don’t make any sense in this neighborhood. They will look and feel weird. Monica Dickson reported the number of people that are here to contest this application is no way representative of the people who would like to be present. Many people are not able to attend a public hearing at 4:00 p.m. on a Wednesday afternoon. She said no one else in her neighborhood received a notice of this public hearing. Many of her neighbors do not speak English well and don’t feel comfortable here. She is disappointed in the way noticing was handled. Monica Dickson said to pretend she is 30 people, because that is how many people who would have come to this meeting had they been able. Steve Pastorik said the City sends out notices to property owners within 300’. West Valley City Planning Commission April 25, 2018 Page 5 Monica Dickson said she moved to this area because it is quiet, quaint, and for the horse property. She said everything east of this property is zoned Agriculture. She said if large homes are placed here, the people who buy the homes will complain that our roosters are too loud and our grass is too long. She is growing her grass for her goats to eat. Horse property this close to the City is a gem. Small houses with big lots with horse property is what will sell. She does not want the zoning to change. Randy Sudbury, 2545 S Chatham Street, does not want the zoning changed from horse property. He wants to keep his animal rights, which is why he moved here. If large houses are built here, the owners will begin complaining about the smell and try to push us out. Horses stink, that’s part of having animals. James Graham reported that someone is now staying at the house to keep it secure. Trash is being cleaned up and the fence is being repaired. James Graham said he agrees with what residents are saying. He would love to build small houses on big lots. Smaller homes would solve many problems and make everyone happy. Commissioner Winters asked if zoning remains rural residential, what would be the minimum requirements be for the homes. Steve Pastorik said for any new single-family residence, the standard is 2,000 sqft for a rambler and 3,000 for a multi-level, unless there is a development agreement for a lower standard. Chair Meaders said the only way to retain animal rights is if zoning remains Agriculture for this property. Steve Pastorik said a property must be less than two acres to be considered for R-1-8 or R-1-10 zoning. Chair Meaders asked if R-1-8 zoning would be more appropriate for this area. Commissioner Winters said this property creates a buffer between higher density homes and agricultural homes. He questions how successful large homes would be in this area. He understands the owners wanting to develop the property. Keeping the Agricultural zoning of the property will not solve all problems, because there would still be larger homes. Commissioner Fuller noted that the RE zone does not include animal rights. Steve Pastorik reviewed the requested exceptions. He stated that mother-in-law apartments are not a use that is allowed in the RE zone. It is not advisable to have a use exception in a development agreement. Brandon Hill said we cannot have a development agreement that essentially changes the zone. Chair Meaders said this is a special area of the City and she is open to allowing some of these exceptions. Commissioner Fuller noted that any development of this property will remove some of the trees. It is the right of the property owner to build something on the property. He feels many of the exceptions should be considered, except the MIL apartment. Making these homes smaller will be more in line with the community. Chesterfield doesn’t want curbs, gutters, and sidewalks. We understand the owners’ rights and the rights of the neighborhood. Neighbors are concerned about horse rights being taken away. Neighbors will start complaining and ask the City to resolve their complaints. He has seen neighborhoods move next to farming communities where the farmers are driven out. That should not happen here. Commissioner Winters asked if we allow smaller house sizes so they are more in line with neighboring homes, would we allow that in the RE zone or the current A zone. Chair Meaders asked how the applicant can ask for exceptions to the City’s house requirements without asking for a rezone. Steve Pastorik said a development agreement would be proposed along with the subdivision application. West Valley City Planning Commission April 25, 2018 Page 6 Commissioner Winters said he likes the RE zone, but feels it is not appropriate for this area. Commissioner McEwen said the applicant has tried multiple times to change the RE zoning to get smaller housing on these properties. Each attempt has been denied by the City Council. Steve Pastorik said the prior applications dealt with amending the code to make the property eligible for another zone. Steve Pastorik said previous applications to request 4,000 and 7,000 sqft lots were denied. Motion: Commissioner Fuller moved to continue GPZ-2-2018 to meet with the neighbors and property owners to reach a common ground. Chair Meaders said whatever the Planning Commission decides, the City Council can deny. The motion failed for lack of a second. Commissioner Woodruff asked if a development agreement is not in place, if any newly developed property, even something less than 2 acres that is zoned R-1-8 must meet current housing standards. Steve Pastorik answered yes, except in very specific circumstances. Commissioner Winters said he doesn’t mind leaning toward a continuance. If the Planning Commission feels smaller homes are more appropriate for this area, a continuance will allow the developer to decide if it works better with the RE or A zone. This development needs to be financially feasible for the developer. Commissioner Winters is hesitant to reduce lot frontage because it might not be needed, depending on what type of home the developer builds. The pitch of the roof will depend on the style of the home and depends on a more detailed plan. We shouldn’t just issue a carte blanch change in the pitch. Chair Meaders said we need to focus on whether the RE zone is appropriate for this area. She feels this area is a buffer zone between the higher density from the North and West. RE zoning is less appropriate due to the agricultural zoning of the surrounding area. Commissioner Woodruff said horse property is important to this unique area. If we start letting the horse property disappear, eventually the whole area will change. Motion: Commissioner Woodruff moved to deny GPZ-2-2018. Commissioner Fuller seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen No Commissioner Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Majority – GPZ-2-2018 – Denied West Valley City Planning Commission April 25, 2018 Page 7 Application #: GPZ-4-2018 Applicant: Paul Garbett Address: 5332 W Highbury Parkway Request: General plan change from low density residential to medium density residential and zone change from R-1-8 to RM Property Size: 12.85 acres The applicant has requested that this application be continued to the May 23, 2018 meeting. Motion: Commissioner Winters moved to continue GPZ-4-2018 to the May 23, 2018 Planning Commission meeting. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen No Commissioner Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – GPZ-4-2018 – Continued Application #: Z-6-2018 Applicant: Canyon Cove Homes Address: 3248 S 6400 W Request: Zone change from A to R-1-8 Property Size: 1.44 acres Curt Dial with Canyon Cove Homes has requested a zone change on a 1.44 acre parcel at 3248 South 6400 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, west, south and a portion of the east and A on the remaining portion to the east. The property is surrounded by single family homes. The subject property is designated as low density residential, which anticipates 3 to 4 units/acre, in the West Valley City General Plan. As a reminder, the Zoning Ordinance does allow zone change requests to R-1-8 for properties less than 2 acres. Development Proposal The applicant has submitted a concept plan, which is attached, that shows the subject property being subdivided into four lots. The existing home on the property would be demolished. The average lot size is over 12,000 square feet. The R-1-8 zone is being requested due to the limited frontage on 6400 West. Also attached is a letter from the applicant supporting this application. Development Agreement West Valley City Planning Commission April 25, 2018 Page 8 A development agreement is required for this project. Section 7-14-105 (3)(r) 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)(q)(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.” For the development agreement, the applicant has proposed to follow the housing standards in the ordinance. Given the relatively shallow depth of the proposed lots 1-3, the applicant is requesting a reduction to the rear setback on these three lots from 20’ to 15’. Staff Alternatives:  Approval of the zone change to R-1-8 subject to a development agreement that commits the owner to the standards in the ordinance and includes the exception outlined in this report.  Continuance, for reasons determined at the public hearing.  Denial. Discussion: Commissioner Wood asked why 12,000 sqft lots are being planned while requesting R- 1-8 zoning. Steve Pastorik said because of the configuration of the lots with a private street, we consider these flag lots. Flag lots are required to be at least 12,000 sqft in size. Applicant: Kurt Dial 9905 Birnam Woods Way South Jordan, UT 84095 Kurt Dial said he and his business partner are working with the property owner. The sale of this property is pending this rezoning. He plans on demolishing the existing home on the property. The lots are narrow, so an exception of 5’ will allow them to fit four homes on the property. Chair Meaders asked if the 5’ exception would be better on the front or the rear yard setback. Kirt Dial said he would prefer the 5’ exception on the front to allow 20’ in the front yard, enough room for cars to park in the driveway. He hopes that by making the homes deeper there will be more room for side yards. Chair Meaders is concerned that a 5’ exception in the front will move the homes too close to the homes in the rear. However, no neighbors were present and City staff has not heard from any neighbors in opposition. Steve Pastorik said a 25’ setback is required in the front and 20’ in the rear. A 5’ exception may be allowed on either the front or rear setback, but staff does not recommend both. Commissioner McEwen said he personally would prefer more room in the backyard, rather than the front. Commissioner Fuller agrees. Chair Meaders asked Kurt Dial if he is amenable to putting the 5’ exception in the front yard rather than the back yard. Kurt Dial said 20’ is the minimum spaced needed for parking in the driveway, so he is not against that. West Valley City Planning Commission April 25, 2018 Page 9 Commissioner Wood asked if the road could be placed on the other side of the property. Steve Pastorik said either side will work, depending on utilities. Matthew Lovato said he would prefer to purchase a south facing home. Mike Breath, Developer, 7482 Sauston Road, West Jordan, UT, said he has been building homes for a long time. He senses the frustration of builders caused by the minimum square footage requirements for a home in West Valley City. Trying to put a 2,000 sqft rambler on a small lot eats up the yard. The surrounding homes don’t even come close to 2,000 sqft. He wishes there was more flexibility with the City. Any time an applicant goes before the City Council, they get shut down. The home will be stretched out because of the narrow lot. Mike Breath said he would prefer more room in the back yard rather than the front yard to spend with family. He also owns a truck that is longer than 20’, so he is limited by what can be done. Commissioner Winters said the owner can determine whether the 5’ setback is placed in the front or rear yard. Motion: Commissioner Winters moved to approve Z-6-2018. A 5’ exception will be allowed on either the front or rear, to be decided by the owner. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – Z-6-2018 – Continued S-7-2018 Despain Subdivision 2171 West Alexander Street M Zone 5 Lots 2.75 Acres BACKGROUND Lynn Despain is requesting preliminary subdivision approval for the Despain Subdivision. The subdivision is located at 2171 West Alexander Street. At the present time, the existing parcel contains 5 buildings. The purpose for the subdivision will be to create an individual lot for each of the buildings. ISSUES: West Valley City Planning Commission April 25, 2018 Page 10 Mr. Despain approached staff about the possibility of subdividing the existing parcel into 5 lots. The purpose for the division would be to create an individual lot for each of the 5 existing buildings. The applicant’s purpose in proposing the subdivision is for flexibility in leasing and/or selling one or multiple buildings. These building are used primarily for warehouse purposes, but they do contain a small amount of office space as well. There are no proposed changes to the buildings and or site plan. The owner intends to keep all buildings for the present time, but wanted ownership flexibility for the future. The site contains one water and sewer connection. This works for Granger Hunter Improvement District, but recorded documents to manage these services will need to be prepared and recorded. In addition, cross access and parking agreements will also need to be recorded. The applicant is not sure if these easements will be handled by plat or separate document. As the subdivision progresses, staff will work with the applicant regarding this matter. STAFF ALTERNATIVES: 1. Approve the Despain Subdivision subject to a resolution of staff and agency comments. 2. Continue the application to address concerns raised during the Planning Commission hearing. Applicant: Lynn Despain 11115 Justin Park Drive South Sandy, UT 84092 Discussion: Lynn Despain said if one of his tenants wants to make improvements to one of his buildings, it is easier to get financing for one building than for all five buildings. He is not interested in selling now, because of capital gain taxes, but he may sell in the future. He has five children and maybe each child can inherit one building. Motion: Commissioner McEwen moved to approve S-7-2018. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – S-7-2018 – Approved Approval of Minutes from April 11, 2018 (Regular Meeting) Approved West Valley City Planning Commission April 25, 2018 Page 11 Approval of Minutes from April 18, 2018 (Study Meeting) Approved There being no further business, the meeting adjourned at 5:18 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant