Planning Commission Meeting

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES August 22, 2018 The meeting was called to order at 4:02 p.m. by Chair Meaders at 3600 Constitution Blvd., West Valley City, Utah. WEST VALLEY CITY PLANNING COMMISSION MEMBERS Brent Fuller, Mathew 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 16 people in the audience. Z-10-2018 Arcadia Property Holdings LLC 3764 South 6400 West A to RE 5.43 acres Ken Milne with Arcadia Property Holdings LLC has requested a zone change on two parcels totaling 5.43 acres at 3764 South 6400 West from A (agriculture, minimum lot size of ½ acre) to RE (residential estate). Surrounding zones include RE to the north, R-1-10 (single family residential, minimum lot size 10,000 sq. ft.) to the west, R-1-8 (single family residential, minimum lot size 8,000 sq. ft.) to the south and A and R-1-8 to the east. The property is surrounded by a developing subdivision to the north, single 3600 Constitution Blvd. West Valley City, UT 84119-3720 Phone (801) 966-3600 Fax (801) 963-3559 West Valley City Planning Commission August 22, 2018 Page 2 family homes to the west and south and a church and single-family homes to the east. The subject property is designated as large lot residential, which anticipates 2 to 3 units/acre, in the West Valley City General Plan. Development Proposal The applicant has submitted a concept plan, which is attached, that shows the subject property being subdivided into 12 lots yielding a density of 2.2 units/acre. Also included 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 wishes to incorporate this property into the development agreement that was approved for the Newton Farm Subdivision to the north. A copy of this development agreement is included with this report. In addition to adding the subject property, the applicant is requesting that some exceptions be added to the agreement. These exceptions are outlined below:  Applicant Request: Item 2 in the agreement currently states: “Front setbacks shall be 30 feet, side setbacks shall be 10 feet, and rear setbacks shall be 30 feet. If the lot is less than 100’ deep, the rear setback may be reduced to 20 feet.” The applicant is requesting to add the following setback exceptions: o The front setback for homes with a side entry garage may be reduced to 25 feet. o The rear setback for homes may average 30 feet provided no point of the house is closer than 20 feet to the rear property line.  Staff Response: Staff is supportive of both of these changes for the following reasons. First, on many homes the garage tends to be the part of the home closest to the street. Since a home with a side entry garage deemphasizes the garage, is more attractive than a home with a front entry garage and has the non-garage portion of the house setback from the garage portion, staff is supportive of this request. Second, the applicant is building homes with significant relief/pop- outs, which is something the City encourages. Given the significant relief, meeting all setbacks for all portions of the home can be challenging. Using an average setback will allow design flexibility without sacrificing backyard space.  Applicant Request: The southeast portion of the property extends out to 6400 West and has 86.5’ of frontage along 6400 West. Given the 100’ lot width minimum in the RE zone, the applicant is requesting to amend item 13 in the following way: “The minimum lot width may be reduced to 80’ for no more than two three lots fronting onto 6400 West.”  Staff Response: Staff is also supportive of this request given the limited frontage on 6400 West. Staff Alternatives:  Approval of the zone change to RE subject to the inclusion of the subject property into the Newton Farm development agreement which should be modified to include the exceptions requested by the applicant. West Valley City Planning Commission August 22, 2018 Page 3  Continuance, for other reasons determined at the public hearing. Applicant: Ken Milne, Arcadia Properties LLC P.O. Box 710 Draper, UT 84020 Discussion: Ken Milne said the homes in this subdivision will have lots of architectural features. This parcel of land will be a great addition to the Newton Farm development. Motion: Commissioner Winters moved to approve Z-10-2018. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – Z-10-2018 – Approved Z-11-2018 Ivory Development 3940 South 5200 West A to RE 10.6 acres Bryon Prince with Ivory Development has requested a zone change on four parcels totaling 10.6 acres at 3940 South 5200 West from A (agriculture, minimum lot size of ½ acre) to RE (residential estate). Surrounding zones include R-1-8 (single family residential, minimum lot size 8,000 sq. ft.) to the north, west and south and R-1-10 (single family residential, minimum lot size 10,000 sq. ft.), A and R-1-8 to the east. The property is surrounded by single family homes to the north, east and west and a church and single-family homes to the south. The subject property is designated as large lot residential, which anticipates 2 to 3 units/acre, in the West Valley City General Plan. Development Proposal The applicant has submitted a concept plan, which is attached, that shows the subject property being subdivided into 24 lots yielding a density of 2.3 units/acre. Also included 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 West Valley City Planning Commission August 22, 2018 Page 4 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 is proposing to meet City standards with one exception. Lot 20 on the concept plan is below the minimum required RE zone lot size of 12,000 sq. ft. given its location adjacent to two stubs streets. Since City ordinance requires the extension of these stub streets, it isn’t possible to make this lot any larger. The overall average lot size exceeds the 15,000 sq. ft. minimum average required in the RE zone. Staff Alternatives:  Approval of the zone change to RE subject to a development agreement requiring compliance with the City’s housing standards and including the one exception requested by the applicant.  Continuance, for other reasons determined at the public hearing. Applicant: Bryon Prince, Ivory Development 978 East Woodoak Lane Salt Lake City, UT 84117 Discussion: Bryon Prince said a setback exception will be helpful for the layout of the large homes on this unique infill project. Commissioner Wood asked about the price range of the homes. Bryon Prince said it will be difficult to offer these beautiful homes for under $500,000. Commissioner Woodruff asked about the sliver of property that will be left near the lower cul-de- sac. Bryon Prince said it will be offered to the neighboring property owner because it fronts their lot. Steve Pastorik said another option would to offset the cul-de-sac to the south, so it is not centered on the street. Patricia Nesbit, 3943 South Rancho Vista Lane, said the sliver of property fronts her lot. She would like something to buffer her property from the roads. Commissioner Winters asked if the City is required to provide a buffer. Steve Pastorik said the City does not require a fence in this situation, however, curb, gutter, and sidewalk will be installed. Commissioner Wood said if the sliver of property is deeded to the Nesbit property, they can do with it what they want. Steve Pastorik said if the Nesbits don’t want the property deeded to them, the City can look at an alternative road design that uses the space. Motion: Commissioner Wood moved to approve Z-11-2018, including the setback exception. Commissioner Fuller seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes West Valley City Planning Commission August 22, 2018 Page 5 Unanimous – Z-11-2018 – Approved ZT-3-2018 West Valley City An ordinance amendment to change Section 7-6-301 by adding prohibited uses to the Decker Lake Station Overlay Zone. West Valley City Planning staff is requesting a zoning ordinance amendment to change Section 7-6-301 by prohibiting certain uses within the Decker Lake Station Overlay Zone. This Overlay Zone was first enacted in 1996 and covers property between 3500 South and approximately 3000 South and between I- 215 and approximately 2100 West. The Overlay Zone boundary largely corresponds with the entertainment designation on the General Plan map. The General Plan document states the following concerning this entertainment designation: “This section of the City already contains several entertainment-focused venues including the Maverik Center and the Hale Center Theatre. This district will encourage more entertainment and other complementary uses such as hotels and restaurants within or nearby to build upon existing vitality. Broad goals in this area include the encouragement of a more pedestrian- friendly environment and increasing the rich variety of services and opportunities to attract more visitors to this vibrant and fun area.” Current land uses within the Overlay Zone are outlined in the table below: Current Use Acreage Zoning Entertainment 33.1 C-2 Hotels 16.6 C-2 and M Office 15.4 C-2 Restaurants 9.8 C-2 Utilities 9.5 C-2 and M Vacant 5.2 C-2 and M Shopping Center/Retail 4.3 C-2 Church 2.8 C-2 Total 96.7 Of the 97 acres within the Overlay Zone, 79 acres are zoned C-2 (general commercial). The remaining 18 acres is zoned M (manufacturing). There are no agricultural or industrial type uses currently within the Overlay Zone; however, certain agricultural and industrial uses would be allowed on those properties zoned M. The purpose of the proposed change is to align the allowed uses within the Overlay Zone with the General Plan designation. In staff’s view, there are several uses allowed within the underlying M zone that are not compatible with the General Plan. As seen in the proposed ordinance revision, the following uses would be added to the list of prohibited uses in the Overlay Zone: Bus Terminal; Commercial raising, rental stabling, training and grazing of animals; Commissary; Detention Facility/Jail; Equestrian School; Heavy Equipment Sales and Service; New Heavy Truck and trailer sales; Used Heavy Truck and trailer sales; Heavy Truck and trailer service; Incinerator; Heavy Industrial; Outdoor Kennel; Manufacturer of Alcoholic Products; Moving Truck Rental Business; Noncommercial raising, training West Valley City Planning Commission August 22, 2018 Page 6 and grazing of animals; Outside Storage; Radio and television transmission antennas, transmitting stations and related facilities; Retail Tobacco Specialty Business; Tobacco Oriented Business; Towing and Impound Yard; Truck Transfer Company; Turf Farm Equipment Manufacturing; Vehicle Recycling Facility and Vehicle Storage Yard. Staff Alternatives: 1. Approval. 2. Continuance, for reasons determined during the public hearing. 3. Denial. Motion: Commissioner Lovato moved to approve ZT-3-2018. Commissioner Fuller seconded the motion. Vote: Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – ZT-3-2018 – Approved ZT-4-2018 West Valley City This is a proposed amendment to Section 7-7 of the West Valley City Municipal Code to set forth standards for small wireless facilities in public rights-of-way. Currently, the West Valley City Code prohibits all communication facilities in the right-of-way. In the 2018 general session of the Utah State Legislature, Senate Bill 189 created the Small Wireless Facilities Deployment Act which sets forth the basic regulations for small cells in the right-of-way. Cities may utilize the Code as written or they can also exercise zoning, land use, planning, and permitting authority and adopt additional standards for this use. Therefore, the City proposes the following Ordinance to regulate this use in West Valley City. Staff Alternatives: 1. Approval. West Valley City Planning Commission August 22, 2018 Page 7 2. Continuance, to allow for the resolution of any issues raised at the public hearing. 3. Denial. Motion: Commissioner Fuller moved to approve ZT-4-2018. Commissioner McEwen seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – ZT-4-2018 – Approved Approval of Minutes from July 25, 2018 (Regular Meeting) Approved Approval of Minutes from August 15, 2018 (Study Meeting) Approved There being no further business, the meeting adjourned at 4:19 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant