Planning Commission Meeting

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES May 23, 2018 The meeting was called to order at 4:06 p.m. by Chair Meaders at 3600 Constitution Blvd., West Valley City, Utah. WEST VALLEY CITY PLANNING COMMISSION MEMBERS Brent Fuller, Matthew Lovato, Clover Meaders, Darrick Porter, Martell Winters, Cindy Wood, and Harold Woodruff ABSENT David McEwen WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik and Brenda Turnblom WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were approximately 48 people 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 May 23, 2018 Page 2 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 Paul Garbett with Garbett Homes has submitted a General Plan/zone change application for 12.85 acre parcel located at 5332 W Highbury Parkway. The property is currently zoned R-1-8 (single unit dwelling residential, minimum lot size 8,000 square feet) with a General Plan designation of low density residential (3 to 4 units/acre). The proposed zone is RM (multiple unit dwelling residential) and the proposed General Plan designation is medium density residential (7 to 12 units/acre). Surrounding zones include C-2 (general commercial) to the north, RM to the east and west and R-1-8 to the south. Surrounding land uses include the Intermountain Healthcare Instacare to the north, townhomes and a pond to the west, single family homes to the south and the Pinnacle at Highbury Apartments to the east. The applicant is planning to develop the property into a townhome project with 153 units as shown in the attached concept plan. The proposed townhomes are two stories and each unit would have a two-car garage. The proposed density of the project is 12.0 units/acre. Also included with this report is a letter from the applicant supporting this application. According to the City’s zoning ordinance, zone changes to the RM zone can only be considered by the City if the following three conditions are met: 1. For properties without existing structures which are proposed to be developed, the property must be a minimum of two acres and the density must not exceed twelve units per acre. For properties with existing structures proposed to be redeveloped, there is no minimum acreage requirement, but the density must not exceed twenty units per acre. 2. The property shall either i) have access and frontage on a street with a planned right-of-way width of at least 80’ (for properties under two acres) or 100’ (for properties two acres or larger) as indicated on the Major Street Plan or ii) be adjacent to existing multi-family residential development on two sides. 3. A development agreement must be proposed with the zone change application that addresses dwelling unit sizes, exterior materials, architecture, landscaping and project amenities. This application meets the first condition in that the property is over two acres and the density is at 12 units/acre. For the second condition, the subject property is adjacent to existing multi-family residential development on two sides. On the third condition, the applicant has included proposed development agreement standards in the application materials. This proposal is summarized below:  Dwelling unit sizes: The proposed minimum townhome size is 1,300 square feet.  Exterior materials: The materials proposed are brick, fiber cement siding and stucco.  Architecture: The applicant has submitted two renderings showing two different building styles. Three different color schemes would be used. The proposed townhomes will be Zero Energy Ready. This is a 3rd party verified, Department of Energy program that will make these proposed townhomes twice as efficient as typical new units. West Valley City Planning Commission May 23, 2018 Page 3  Landscaping: The proposal incorporates localscapes or landscaping that includes low water, indigenous plants along with more traditional landscaping like sod.  Project amenities: Projects with 100 or more units are required to provide at least six amenities from the list of amenities in the zoning ordinance. Proposed amenities that are listed in the ordinance include courtyards, a clubhouse, garages and tot lots. Other amenities proposed but not listed in the ordinance include picnic areas and boat rentals. Staff is not supportive of this application for the reasons listed below. Existing Development Agreement When the City Council approved the General Plan/zone change in 2012 on what is now the Pinnacle at Highbury Apartments, Suburban Land Reserve (SLR), the landowner of the subject property and Pinnacle at Highbury property, committed in a development agreement to develop the subject property as single family detached homes. The Council initially denied the request for RM zoning in April of 2012 when there was no commitment on the subject property. However, the following month the Council approved the zone change to RM with the commitment of single family detached homes on the subject property. Highbury Unit Mix The overall Highbury development already has a significant amount of multi-family housing either built or approved. The table below summarizes the residential projects within Highbury that are either completed or approved. Project Name Land Use Acres Number % of of Units Total Units Highbury Place Single Family Homes 60.2 197 17.7% Future Parkside Homes* Single Family Homes 17.3 89 8.0% Subtotal of Single Family Homes Single Family Homes 77.5 286 25.7% Townhomes at Highbury Commons Townhomes 10.2 102 9.2% Highbury Towns Townhomes 9.6 90 8.1% Arbor Square Townhomes 4.7 64 5.8% Future Townhomes* Townhomes 9.0 69 6.2% Subtotal of Townhomes Townhomes 33.5 325 29.3% Liberty Commons Apartments 11.2 209 18.8% Pinnacle at Highbury Apartments 13.0 290 26.1% Subtotal of Apartments Apartments 24.2 499 44.9% Totals 135.2 1,110 100.0% *Approved in a development agreement from 2008 As seen in the table above, there are already 325 townhome units built or approved in Highbury. This number exceeds the number of built or approved single family homes. As seen in the attached emails and petition from neighboring residents, they are concerned about the unit mix as well. West Valley City Planning Commission May 23, 2018 Page 4 Staff Alternatives: 1. Denial, the existing development agreement calls for single family detached homes. 2. Continuance, for reasons determined during the public hearing. 3. Approval, subject to a development agreement that includes the standards proposed by the applicant. Applicant: Paul Garbett 273 North East Capitol Street Salt Lake City, UT 84103 Discussion: Paul Garbett presented a PowerPoint showing what this sustainable, high performance development will look like. More parking spaces have been added to address neighbor concerns regarding parking. There will be three parking spaces per unit. Three parking spaces per unit should be enough to the eliminate the need for parking on the streets. Garbett Homes would like to further activate the existing pond and canal. Instead of building a clubhouse, a boathouse and two docks will be built. Homes are 1300 sq ft, 3-bedroom, 2.5 bath, with two-car garages and additional parking for the community. There will be unfinished basements for storage. The starting sale price is in the 280’s. Paul Garbett spoke about high performance construction. Solar will be offered on every home. Increased insulation and innovative framing techniques increase the energy efficiency of these affordable homes. These homes will include high performance heating and cooling, windows, and lights. Water conserving water heaters, toilets and appliances will be used. This development is part of the Zero Energy Ready program. These homes will be tested by a third party, independent reader. These homes are twice as efficient as the competition, serving as a model for the rest of the valley. Paul Garbett said these townhomes will have localscape landscaping, which combines native plants with grass and is more water efficient without reducing curb appeal. Target buyers are millennials who are looking for sustainability along with low maintenance and green features. Paul Garbett reported that Garbett Homes has won many awards for their sustainability practices and energy efficient innovations. These awards show that Garbett Homes delivers what they promise. Paul Garbett feels the parking problems in the area are due to surrounding apartments. He feels that this development can negate the parking problems and not contribute to them. He presented photos of the area dated April 19 at 8:12 p.m., showing only a few cars parked along the roads. He said the cars that are parked there are parked there legally. Paul Garbett said that Suburban Land Reserve wants to change the development agreement and install medium density townhomes, but noted that the City first changed the requirements for single- family homes. Chair Meaders said that the existing development agreement signed in 2012 says that the developer will install single family homes on this property. In 2015, the City changed its zoning ordinances to drastically increase the size requirements for single-family homes Commissioner Winters asked why this development cannot take place in the current R-1-8 zone. Paul Garbett said Garbett Homes builds sustainable, high performance, energy efficient homes that are smaller and denser than what the City requires in the R-1-8 zone. West Valley City Planning Commission May 23, 2018 Page 5 Commissioner Woodruff asked for a compelling reason why this property would be better with townhomes than with single family homes. Paul Garbett answered the proximity to existing townhomes, apartments, and commercial lends itself better to a higher density product. Paul Garbett stated that the City Council and the Mayor want to attract higher performance homes such as these townhomes. Matt McPherson, 2943 South Sefton Drive, is the HOA President for his neighborhood. He is representing several HOA members also present at this meeting. He pointed out that a large number of townhomes and apartments have already been built in this community. This has contributed to parking problems, especially on the weekends and evenings. Due to heavy parking on the streets, emergency vehicles have not been able to cross the bridge into the neighborhood and have had to turn around and go another way. There is a heavily utilized elementary school across the street. Due to heavy parking, there is no visibility to cross the roads, even with crossing guards. This lack of visibility has caused accidents. Matt McPherson feels the previous rezoning to higher density has caused many problems, including crime, graffiti, and gangs. He feels that this property and others zoned for single family need to remain single family. Single family homes will help to buoy up the community. Matt McPherson would support Garbett homes in building single family homes here. Jerry Simonson, 5312 West Stephen Drive, asked if a new structure with 153 units will enhance the vision and perception of the City, or perpetuate the stereotype we have been trying so hard to change. Julie Pace, 5296 Gateshead Drive, said townhomes do not add lasting value to the community. Single family homes are what anchors Highbury. She feels rezoning to allow townhomes does not meet the needs of the community nor uphold the vision of the General Plan. Darren Blanchard, 5021 West Maidstone Court, asked everyone in opposition to this rezone to raise their hands. 48 people raised their hands. Darren Blanchard said a much greater number of residents would be here, but could not attend a 4:00 p.m. meeting. Current parking problems are extreme. Darren Blanchard said they have given up a bike lane to the Pinnacle apartments for parking. He pointed out that the parking photos that were presented previously are not accurate. There are 30-minute parking signs near the Neil Armstrong school, however people park there all day and night. Accidents have occurred due to parked cars blocking visibility. He reported friends who currently live in townhomes are against more townhomes. Neil Armstrong is a highly sought- after stem school which he doesn’t want to become overcrowded. Many children live in townhomes. Children walking to school are scrambling for their lives. Adding more townhomes will worsen traffic congestion and crime. After the Pinnacle apartments were built, break-ins of homes and cars significantly increased and children have been beaten up by gangs seen coming and going from the apartments. Darren Blanchard said that Garbett homes says they will help alleviate parking problems, but the parking problems already exist. The Pinnacle apartment residents are parking so far down Highbury Parkway that vehicles stretch to the entrance of this proposed development and beyond. He said 50% of the townhomes in the area are rented out. Renters are not as invested in the community. He wants single-family neighbors that are invested and who care about our neighborhood. That is how we change the stigma of the City. Chair Meaders asked legal council what can be considered in regards to schools in the area. Brandon Hill said residents feel very strongly about schools; however, our Planning Commission is prohibited by state law from considering those factors in the context of a rezone. West Valley City Planning Commission May 23, 2018 Page 6 Luana Biddulph, 5221 West Gateshead Drive, said rezoning of single family homes to high density in this area has occurred despite neighbor opposition. Now they are suffering the repercussions. Daybury Drive should be a quiet street, but hoards of cars cut through to avoid rush-hour traffic on 5600 West. Please consider pedestrian traffic, particularly where the entrances to these townhomes would be. Traffic is a nightmare here, there have been multiple accidents. Boat docks were previously built on the pond, but they were vandalized and then removed. Luana Biddulph feels that single family homes would quickly sell here. Single family homes will create a long term, strong community that can’t be met with transitional housing. She is strongly opposed to this rezone. Luana Biddulph asked the City to deliver the single-family homes that were promised. Captain Gary Nelson, 5021 West Maidstone Court, said one of the biggest selling points of this neighborhood is the Armstrong Academy school. He would like to see single family homes and a park built here. He asked the Planning Commission to stand by the original zoning. Sean Black, 5356 West Sefton Drive, said he has a sump pump in his home, so the water table needs to be considered in this area. Turning left into the Walmart off of 3100 South sometimes takes 6-7 light cycles. Crossing the street from the Family Fitness Center is scary with traffic. He presented a map showing the ratio of apartments, townhomes, condos, and single-family homes in the area. He asked that we respect the development agreement already on the records. Greg Bermis, 2902 South Darlington Drive, feels that packing more people into this area will make it unpleasant and will diminish the investment he has in his home. Councilwoman Karen Lang, 3448 Freemont Circle, said the applicant inferred that the City Council and Mayor are in favor of this application. She asserted that she is against this application and does not want to be misrepresented. Nicole McCray, 5228 West Sandwell, serves on the HOA board of directors for the Highbury Place Ivory Homes area. She said she was assured there was a plan for the community that included more single- family homes. People want to move into larger homes and will purchase them if they are built. People have moved away from the Highbury area due to traffic, parking, and crime. We have been promised that this parcel would be low density. We were told that bike lanes would run through our community and we lost those. There are solid lines of 80 cars parked along the road. Multiple families will squeeze into these units. Our families deserve more. We plan to stay and live here. These are not starter homes for us. We deserve more single-family homes in order for this area to blossom. Louise Faughnau, 5318 West Barnsbury Lane, stated that the parking problems along Daybury Drive, caused by the current Garbett townhomes already there, haven’t been addressed. We deserve not to have higher crime rates. Please leave this parcel designated as low density for single family homes. Jason Miller, 5378 Sefton Drive, agrees with everything that has been said. About two years ago, Ivory homes wanted to adjust the minimum square footage requirements to develop this same area as single-family homes, but it was denied. Why would this proposal even be considered now when single family homes were not approved previously? Please leave the zoning as is. If any changes are made, lower the minimum square footage requirements for single family homes here. Chair Meaders invited the applicant to address some of the comments given by residents. Paul Garbett said he lives in a townhome and feels that he is a positive contributor to his neighborhood. West Valley City Planning Commission May 23, 2018 Page 7 Townhome owners have just as much pride in their homes as anyone else. It has been expressed that the City Council and Mayor want sustainable, high performance developments. Garbett Homes is willing to work with the neighbors to address parking issues. He is willing to take pictures of parking any time of the day or night to better understand it. If four parking stalls per unit are needed, Garbett Homes will figure out a way to do that. Paul Garbett does not think that Garbett Homes should be held accountable for the parking problems brought on by the surrounding apartments. Chair Meaders reminded Paul Garbett that the apartments would not be there had not a development agreement been signed promising single family detached homes on this property. Paul Garbett said that many have asked why development has been stalled in Highbury. It is directly because of the zoning change that was enacted in 2015. He reported that he looked at an MLS report for this area, and only one home has been sold and one home listed in the past six months that would meet the new single-family home requirements. He also spoke to a representative from the Newton Farms development to the south. Only one home has been sold and occupied there in the past 8 months. This is one of the hottest markets we have experienced. Paul Garbett disagrees that single family homes are selling like hotcakes. Paul Garbett said that Ivory homes was originally under contract to develop the property to the east, but they backed out because of the zone change increasing square footage requirements for single family homes. If Ivory homes believed that they could actually sell single family homes to the east, they would have not backed out. Townhomes do not decrease the values of surrounding neighborhoods. A unique project such as what is being proposed will benefit the community. Please consider those who would like to live in a home like we are building. Chair Meaders asked Steve Pastorik if the applicant can request a change to the development agreement to include the housing standards that existed in 2015. Steve Pastorik said that request could be made, but it would need to be approved by the City Council. Commissioner Winters verified that the housing standards changed after the development agreement was already signed. The development agreement did not contain information regarding the size of the homes. Commissioner Woodruff said that zoning changes occur over time. To talk about zoning changes being retroactive is not beneficial. Commitments have been made and we should strive to keep this property as single family homes. Commissioner Wood said she is opposed to this zone change. She feels there is a demand for larger homes and the development agreement should be honored. Commissioner Winters agrees. Commissioner Lovato lives in the closest unit to the Pinnacle Apartments. He feels rezoning to higher density would be a travesty for this area. Motion: Commissioner Winters moved to deny GPZ-4-2018. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – GPZ-4-2018 – Denied West Valley City Planning Commission May 23, 2018 Page 8 ZT-2-2018 Dwell Design Build An ordinance amendment to change Section 7-6-202 to allow a minimum lot size of 7,000 square feet for properties zoned A (agriculture) under certain conditions, as well as to amend Part 2 of Chapter 7-11 to create separate development plan requirements for new single unit dwellings located in the Chesterfield Subdivision. Dwell Design Build acquired 3.04 acres at 1580 W Whitlock Avenue with the intent to subdivide the property for single unit dwellings. The property was zoned A at the time of acquisition and is still zoned A. The applicant first approached staff last year about the idea of a code change to allow lots smaller than ½ acre and homes smaller than the City’s established minimums. Staff discussed the idea with the City Council in a study session held on 5/16/2017. While no formal vote was taken, the Council was not interested in amending this ordinance. The applicant then filed application ZT-6-2017 to allow zone changes to the R-1-4 and R-1-6 zones under certain conditions. This previous application, ZT-6-2017, was denied by the Planning Commission on 10/11/2017. Following this denial, the applicant filed application ZT-8-2017 to allow zone changes to the R-1-7, R- 1-8, R-1-10 and R-1-12 zones on properties under three acres (the code currently states under two acres). The Planning Commission recommended approval on this application on 12/13/2017; however, the City Council denied the request on 1/9/2018. The applicant then filed application GPZ-2-2018 to change the General Plan from rural residential (2 or fewer units/acre) to large lot residential (2 to 3 units/acre) and the zoning from A to RE (residential estate) on the property at 1580 W Whitlock Avenue. On this application, the Planning Commission recommended denial on 4/25/2018 and the City Council ultimately denied the application on 5/15/2018. The section below lists the questions from the zone text change application form and the applicant’s response to each question: Which Ordinance do you wish to change? Section 7-6-202 (Agricultural and Residential Standards Table) What does the current text suggest or require? ½ acre lots (A zone) What is the proposed text change? Agricultural Farmhouse (AF): Requirements must include farmhouse architecture and may feature elements such as cupolas, wind vanes, covered porches and dormers. Houses to be a minimum of 1,300 SF for properties in Chesterfield, 2-3 acres. Must be adjacent to higher density on two sides. Must have ½ acre lots minimum adjacent neighboring agriculture/animal rights properties. Remaining lots must be over 7,000 SF minimum but also shall have same or less density than adjacent property on other, non-agricultural sides. What is the justification for the requested text change? Planning Commission was split on a decision on our last application. Residents are opposed to having 3,000 SF homes adjacent their horse property. They argued that large homes would be West Valley City Planning Commission May 23, 2018 Page 9 incongruent with the Chesterfield neighborhood where some homes are 600 SF total. We are working with neighboring landowners and are creating a text amendment to that end. Staff Alternatives: 1. Denial, a zone change is a more appropriate way to request 7,000 square foot lots than to amend the A zone. 2. Continuance, for reasons determined during the public hearing. 3. Approval. Applicant: Drew Larsen 1580 Whitlock Avenue West Valley City, UT Discussion: Drew Larsen said residents of Chesterfield love their animal rights, so Dwell Design Build is trying to create a buffer near horse property. He has done split zoning such as this in other cities that allows for more density on the inside. Monica Dickson, 2495 South Chatham Street, said Dwell Design Build pitched this idea during a town meeting and she represents the neighborhood in saying they like this idea. It is a great way to meet in the middle, so the developers can have what they want; more houses, and residents get what they want; animal rights not infringed upon. The size of new homes being built is important because the sizes of existing homes are small in comparison with the ones being proposed. Monica Dickson likes a minimum 1,300 sq ft size for homes, the smaller the better. She feels it would be ridiculous to build huge homes next to small homes. Commissioner Winters said he is open to this zoning because it provides a transition between new homes and existing horse property. Steve Pastorik said if the Planning Commission feels this approach makes sense, more study is needed and a concept plan should be created to see how it would play out on the applicant’s property in terms of the layout. He feels this proposal needs more work to fit in with how our code is structured. He does not want to recommend something to the City Council that doesn’t function. Chair Meaders asked if a zone text change is needed, or if another avenue is preferable. Steve Pastorik said a new zone could be created, or a portion of the property could be left zoned A and the smaller lots being requested could be rezoned to something else. City code only allows rezoning of lots under two acres. This overall property is over three acres, so it is not eligible to rezone the entire area. Commissioner Winters said both rezoning and the size of the homes need to be addressed. Steve Pastorik said an overlay zone is another possibility; where the zoning is kept, but additional regulations would be applied to a specific area. Steve Pastorik interprets the applicant’s proposal as the creation of a new zone. Commissioner Lovato asked how long it would take to create an overlay zone for the Chesterfield area. Steve Pastorik said he thinks the City would want to involve the neighbors, so he gave an off-the-cuff estimate of six months. Chair Meaders said she likes the concept of creating a transition for this area, but is uncomfortable doing it as a zone text change, which is like spot-zoning for this property. Commissioner Winters West Valley City Planning Commission May 23, 2018 Page 10 asked if we approved this application, if the agricultural farmhouse zone description would be word for word as it is presented now. Steve Pastorik said we could not take it word for word, because we need to know what sections of the code to insert it in. The different items written in this proposal are covered in different parts of the code and we must plug in the features the developer is looking for. Steve Pastorik suggested that if the Planning Commission is supportive of this concept, we should create a strikeout/underline version that would fit into City Code and could be adopted by the City Council. Commissioner Woodruff asked if this new zone could apply to other areas of the City. Steve Pastorik said the way it is written now, it would only be applied in the Chesterfield subdivision. Most of the property in Chesterfield has been developed already, there is not much property left. Commissioner Fuller prefers an overlay zone because it is something that can be worked on by both the neighbors and the developers and can be applied on more than just this one piece of property. Commissioner Woodruff feels an overlay zone makes sense, so we aren’t just finding a solution for one corner of property, and then, six months later, addressing another corner. Steve Pastorik said if this application is continued, it would be to work with the applicant’s concept to make it plug into City Code. If the Planning Commission wants to create a more comprehensive overlay zone, then this application should be denied. Motion: Commissioner Woodruff moved to deny ZT-2-2018. He recommends City Staff spends some time and energy to consider an overlay zone and discuss the overlay zone with the City Council. Commissioner Fuller seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – ZT-2-2018 – Denied Approval of Minutes from May 9, 2018 (Regular Meeting) Approved Approval of Minutes from May 16, 2018 (Study Meeting) Approved There being no further business, the meeting adjourned at 5:56 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant