Planning Commission Public Hearing

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES November 14, 2018 The meeting was called to order at 4:04 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, Cindy Wood, and Martell Winters ABSENT 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 7 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 November 14, 2018 Page 2 Z-12-2018 Ward Engineering Group 4016 South 6000 West A to R-1-7 0.68 acres Ward Engineering Group has requested a zone change on a 0.68-acre parcel at 4016 South 6000 West from A (agriculture, minimum lot size of ½ acre) to R-1-7 (single unit dwelling residential, minimum lot size 7,000 square feet). Surrounding zones include R-1-8 (single unit dwelling residential, minimum lot size 8,000 square feet) to the north and west, A (agriculture, minimum lot size ½ acre) to the south and A and R-1-8 to the east. There are homes to the west, north and east with the Utah Salt Lake Canal and West View Park to the south. The subject property is designated as low density residential, which anticipates 3 to 4 units/acre, in the West Valley City General Plan. The City’s zoning ordinance allows for rezones to the R-1-7 zone if the property is less than two acres in area. Development Proposal The applicant has submitted a concept plan, which is attached, that shows the subject property being subdivided into 3 lots. The existing 992 sq. ft. home, which appears to be rented, was built in 1952. The applicant is proposing to retain the existing home. The average lot size is 9,164 sq. ft. The minimum lot size for the proposed flag lot is 12,000 sq. ft. not including the stem or 20’ access. Also included is a letter from the applicant supporting this application. Development Agreement A development agreement is required for this project. Section 7-11-213 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 set forth in this Part shall be used as a minimum in all development agreements to address housing quality and exterior finish materials.” For the development agreement, the applicant is proposing to meet City housing standards. The home plans submitted were meant to represent the type of architecture contemplated and are not the actual homes to be built. The applicant has also committed to the following via email to staff:  Curb, gutter and sidewalk shall be installed along the entire 6000 West frontage.  Street trees shall be planted in the parkstrip along 6000 West. Staff recommends average tree spacing of no more than 30’.  A wrought iron fence shall be installed along the south property line to allow transparency to the canal.  The western most house shall include a front porch.  All new landscaping shall be water smart or localscapes, which means: o A maximum of 35% lawn o No lawn in parkstrips or other areas narrower than 8’ o Lawn areas to be free from obstructions and not used on steep slopes o An EPA Water-Sense irrigation controller o Drip or bubbler irrigation in all non-turf areas o A minimum of 4” mulch depth o A minimum of 50% live plant material within front yard  The existing home shall be modified in the following ways: o A front porch shall be added. West Valley City Planning Commission November 14, 2018 Page 3 o A detached garage shall be added. o All windows and doors shall be upgraded. The R-1-7 zone is needed to have two new lots (three total) on this property. The R-1-8 or R-1-10 zone would allow only one new lot (two total); however, the new lot would be eligible for a home with reduced area. Section 7-11-214 of the zoning ordinance allows homes with a two-car garage and reduced habitable floor area for “a home built on a legal and developed single unit dwelling lot under one acre in existence prior to April 15, 2015 that is large enough to be subdivided to create no more than one new lot.” Staff Alternatives:  Approval of the zone change to R-1-7 subject to a development agreement requiring compliance with the City’s housing standards and including the commitments made by the applicant.  Continuance for reasons determined at the public hearing.  Denial of the zone change to R-1-7. A zone change to R-1-8 or R-1-10 would allow for two lots instead of three, resulting in larger lots. Applicant: Sattar Tabriz, Owner - Ward Engineering Group 1429 East Roosevelt Avenue Salt Lake City, UT 84105 Discussion: Commissioner Wood asked about the two buildings behind the existing home. Steve Pastorik said they are a summer kitchen and a shed which will both be demolished. Sattar Tabriz reported that Jill Covington is the owner of the property. She lived there previously until her family outgrew the home. Now that her children have moved out, she wants to move back into the home. Because the home will be owner occupied, it will be well cared for. Water wise landscaping will be installed and the existing home will be spiffed up, beyond City requirements. Sattar Tabriz feels that the geometry of the property is suited well for R-1-7 zoning. The new lots will be 8,400 sqft. The flag lot will be 14,000 sqft. He considers the canal behind the property an amenity and is proposing a see-through fence along the canal. The driveway to the flag lot will also be along the canal. Motion: Commissioner Winters moved to approve Z-12-2018 subject to a development agreement. Commissioner Lovato seconded the motion. Vote: Brent Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Wood Yes Commissioner Winters Yes Unanimous – Z-12-2018 – Approved West Valley City Planning Commission November 14, 2018 Page 4 Z-13-2018 Cabco 5600, LLC 2514 South 5600 West M to C-2 1.47 acres Bob Furstenau with Cabco 5600, LLC has requested a zone change on a 1.47-acre parcel at 2514 South 5600 West from M (manufacturing) to C-2 (general commercial). Surrounding zones include M to the east and west, LI (light industrial) to the north and C-2 (general commercial) on the south side of the canal to the south. Surrounding uses include storage units to the west, a trucking business to the east, an electrical contractor to the north and the Winco shopping center on the south side of the canal to the south. The subject property is designated as general commercial in the West Valley City General Plan. The property includes a commercial building constructed in 2015. As seen in the information provided by the applicant, he has tried to market the building over the last several years to various retail users without success. There is interest in a dental office; however, the M zone does not allow medical and dental offices. The applicant is requesting C-2 zoning as medical and dental offices are a permitted use in the C-2 zone. Given the General Plan designation of general commercial, staff is supportive of this change. Staff Alternatives:  Approval of the zone change to C-2.  Continuance for reasons determined at the public hearing. Applicants: Bob Furstenau Jay Spankhead, Real Estate Agent 7579 Mary Esther Circle 1477 West 10775 South Cottonwood Heights, UT 84093 South Jordan, UT 84095 Discussion: Bob Furstenau said he purchased this property ten years ago with the intent to put storage units there. He later learned there is a 200’ deep retail overlay on the property where storage units are not allowed. The property was subdivided and storage units were installed on the back portion of the property only. UDOT later installed a traffic island on 5600 West in front the property, which has been an impossible obstacle to overcome. Bob Furstenau reported the existing retail building has been sitting vacant for 3-1/2 years and has been offered to a large number of potential users. Potential users rule out the property when they find there is no left turn and it is located too far north, away from the main retail activity. Bob Furstenau reported he spent hundreds of thousands of dollars on the retail building and now has no income to offset the costs. Bob Furstenau is asking for this zone change to allow a dental user he has a contract with to purchase and use the building. No retailers are willing to risk using a property that cannot be accessed conveniently by the public. Bob Furstenau reported that this property is the only property along 5600 West between 3500 South and 2400 South that is denied left turn access. He indicated that UDOT denied left turn access to his West Valley City Planning Commission November 14, 2018 Page 5 property, saying his property is too close to a traffic light. Since then, the traffic light was moved and a left turn access was installed across the street from Target. Commissioner Meaders verified that this discussion is not regarding the overlay zone. This discussion is regarding a zone change to C-2 (General Commercial). Motion: Commissioner Fuller moved to approve Z-13-2018. Commissioner McEwen seconded the motion. Vote: Brent Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Wood Yes Commissioner Winters Yes Unanimous – Z-13-2018 – Approved S-13-2018 CABCO 5600 West Subdivision – Lot 1B Amended 2514 South 5600 West M Zone 3 Lots BACKGROUND: Mr. Bob Furstenau, is requesting a plat amendment for lot 1B of the CABCO 5600 West Subdivision. This subdivision was recorded with the Salt Lake County Recorder’s Office in August 2014. The subdivision is located immediately to the north of the Riter Canal and west of 5600 West. ISSUES: The proposed plat amendment will divide lot 1B into 3 lots. The purpose for the plat amendment is to create lots that can then be sold independent of each other and abandon the condominium concept last reviewed by the Planning Commission in December 2015. Lot 1B is approximately 1.5 acres in size. Dedication of 5600 West and Anna Caroline Drive were done as part of the original subdivision application. All conditions of approval related to the original plat are still in effect with this application. The Planning Commission has already reviewed and approved the conditional use permit for the construction of new buildings. To date, one building has been constructed. All conditions associated with that approval will also be applicable with the new subdivision. The subdivision West Valley City Planning Commission November 14, 2018 Page 6 does fall within the 5600 West Overlay Zone. As such, future commercial and/or industrial uses will be subject to increased development standards. There are a variety of benefits associated with doing a subdivision as opposed to the condominium project. For the property owner, it is primarily the ability to sell lots. For buyers, it allows them to own their own lot and building without the restrictions of a condominium. It also provides a sense of well-being in owning a business property that helps keep the entire project viable because of the interest each owner has in wanting the overall project to succeed. STAFF ALTERNATIVES: 1. Approve the amendment to lot 1B of the Cabco 5600 West Subdivision subject to a resolution of staff concerns. 2. Continue the application for reasons determined in the Planning Commission meeting. Applicant: Bob Furstenau Jay Spankhead, Real Estate Agent 7579 Mary Esther Circle 1477 West 10775 South Cottonwood Heights, UT 84093 South Jordan, UT 84095 Discussion: Bob Furstenau pointed out that there is a second retail property adjacent to this site. The front half the property is for lease. He has been unable to give this property away in terms of lease rates to retail users. He would like to subdivide this property so it can be sold, rather than go to a PUD. Motion: Commissioner Lovato moved to approve S-13-2018. Commissioner Winters seconded the motion. Vote: Brent Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Wood Yes Commissioner Winters Yes Unanimous – S-13-2018 – Approved SMI-1-2018 PJ Management Subdivision 3403 South Decker Lake Drive C-2 Zone 2 Lots BACKGROUND West Valley City Planning Commission November 14, 2018 Page 7 Brooks Arnell is requesting preliminary plat approval for the PJ Management Subdivision. The proposed subdivision will divide an existing parcel currently occupied by the Chili’s restaurant. The proposed subdivision is located at 3403 South and Decker Lake Drive. Property to the north and south is zoned C-2 while property to the east is zoned R-1-6. ISSUES: The proposed subdivision will result in 2 commercial lots. Properties along the east side of Decker Lake Drive were created by Metes and Bounds descriptions. In contrast, the West Valley Commerce Center Subdivision across the street to the west was recorded with the Salt Lake County Recorder’s Office in October 1996. However, the purpose for the Metes and Bounds parcels and those in the West Valley Commerce Center Subdivision were created to support the Maverick Center and other land uses in the area. The proposed subdivision is located within the parcel originally occupied by the Chili’s restaurant. This restaurant was built in 1998. It recently closed for business and the current owners would like to subdivide the property to create an additional building lot. During the study session, a question was raised about access, parking and maintenance. The property owner will be required to record documents that address cross access and parking arrangements. Maintenance of hard surfaced areas used by both property owners would also be part of that document. Access to the subdivision will be gained from Decker Lake Drive. The primary access is located near the old Chili’s building. A second access is located to the south the new property line. The properties will also share responsibility for storm water drainage. All agreements will need to be in place at the time the subdivision plat records. STAFF ALTERNATIVES: 1. Approve the PJ Management Subdivision subject to a resolution of staff and agency comments. 2. Continue the application to address concerns raised during the Planning Commission hearing. Applicants: Brooks Arnell, ICO Development Jayson Arnell 9628 South Willow Trail Way 7782 Brighton Cove Circle South Jordan, UT 84095 Cottonwood Heights, UT Motion: Commissioner Lovato moved to approve S-14-2018 subject to a resolution of staff and agency comments. Commissioner Fuller seconded the motion. Vote: Brent Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Wood Yes Commissioner Winters Yes West Valley City Planning Commission November 14, 2018 Page 8 Unanimous – S-14-2018 – Approved C-15-2018 ICO Development 2986 West Lehman Avenue CC Zone (2.88 acres) ICO Development is requesting conditional use approval to redevelop 2.88 acres at 2986 West Lehman Avenue into a 201 unit, four story, Class A apartment development. The property is zoned CC (City Center) and is designated as very high density residential in the Fairbourne Station Vision, which is part of the City’s General Plan. The table below outlines the unit sizes and mix as well as the minimum unit sizes required in the code. Unit Type # of Units Sq. Ft. Minimum Sq. Ft. Required by Ordinance 1 bedroom/1 bathroom (1A) 27 679 550 1 bedroom/1 bathroom (1B) 57 754 550 1 bedroom/1 bathroom (1C) 24 767 550 2 bedrooms/2 bathrooms (2A/2B) 81 1,026 800 3 bedrooms/2 bathrooms (3A/3B) 12 1,312 1,000 Total 201 Background Beginning in 2008, the City’s Redevelopment Agency acquired and demolished all of the property between 3500 South and Lehman Avenue and between Market Street and 3030 West to facilitate redevelopment. This same area falls within the City Center RDA that was established in 2004 to also facilitate redevelopment. As part of the transaction with ICO to sell the ground, the City’s Redevelopment Agency entered into an agreement for disposition of land (ADL) with ICO. This agreement, which is attached, addresses interior finishes, unit sizes, the unit mix, amenities, parking, exterior finishes, architecture, landscaping and management standards among other items. As allowed by the CC Zone, the ADL also grants an exception to the five story height requirement to allow for a four story building as was done for the first phase. Project Review The sections below outline the purposes and main standards in the CC Zone and how this development meets or exceeds those standards. City Center Zone Purposes The following is a list of purposes from the CC Zone (underlined) as well as a brief description of how the apartment development meets the stated purpose:  Create a recognizable center or downtown for West Valley City. This apartment development will be comparable to the first ICO building and will add to the unique, urban environment in Fairbourne Station.  Encourage and direct development that supports transit. High density residential development is one of the best land uses for supporting transit.  Encourage infill and redevelopment near the future transit station by City Hall. The apartment building is approximately 800’ from the TRAX station and bus hub. West Valley City Planning Commission November 14, 2018 Page 9  Reinforce the use of public transportation by locating higher-intensity development, including employment-oriented businesses and higher density residential uses, adjacent to transit stops. This project is creating higher intensity development by redeveloping 5 single family homes, 8 duplexes, 2 fourplexes and one 6-plex (35 total units) with 201 units.  Encourage mixed-use development to reduce automobile dependency and roadway congestion by combining trips and locating destinations within walking and biking distances – all interconnected with transit. This is the second residential building in Fairbourne Station that will complement the hotel, medical office building, police headquarters and professional office building.  Provide a mix of housing types, costs and densities. This project will provide 3 different 1 bedroom layouts, 2 different 2 bedroom layouts and 2 different 3 bedroom layouts with varying rents. The courtyard, structured parking and proximity to amenities like the promenade and TRAX and shopping at the mall will make for a unique, urban experience.  Promote architectural and site design treatments that enhance the visual appearance of development within the Zone. The proposed apartment building meets or exceeds the architectural standards in the ordinance and meets or exceeds other ordinance standards with the exception of the height previously mentioned. Parking The parking ordinance allows the Planning Commission to reduce the parking standard for multi-family residential from 2 spaces per unit to 1.5 spaces per unit for one bedroom units and 1.75 spaces per unit for two bedroom units if the Commission finds that the reduction is not detrimental to the surrounding area and will enhance the proposed development. The CC Zone also allows a 10% reduction to parking requirements. The tables below outline the proposed parking for this project as well as ordinance requirements: Type of Parking Provided Number of Stalls Garage parking 268 On-street parking 39 Total parking 307 Parking ratio provided 1.53 spaces per unit Unit Type # of Units Parking Ratio # of Stalls Required Required 1 Bedroom 108 1.5 162 2 Bedroom 81 1.75 142 3 Bedroom 12 2 24 Totals 201 328 Minus 10% City Center Zone reduction (33) Total parking required after allowed reductions 295 In summary, the parking provided is within what the ordinance allows. The first ICO phase has 1.5 stalls/unit and parking has not been an issue. Architecture For materials, the building exterior includes brick, fiber cement siding and stucco, which are allowed materials in the zone. For building relief, the ordinance requires at least two treatments on the south side and at least one on all other sides. The building employs building offsets/projections and balconies and West Valley City Planning Commission November 14, 2018 Page 10 all four sides. For window treatments, the ordinance requires at least three window treatments on the south side and at least two treatments on all other sides. The building has a variety of window sizes, window sills, window grids, window trim and window headers on all four sides. For design treatments, the ordinance requires at least two design treatments on the south side and at least one treatment on all other sides. The building includes knee braces at the roof line, a variety of materials and colors, a decorative parapet, architectural banding and a pattern change on all four sides of the building. Amenities For a project of this size, the ordinance requires a minimum of six amenities from the list in the ordinance with at least three of the six being major amenities. This project has six major amenities (courtyard, garage, community room, on-site manager, fitness room and private balconies) and three minor amenities (hot tub, basketball court and bike storage) from the ordinance list. In addition, there are other amenities provided like elevators, a business conference area, two fire pits and “superdeck” access with lounge areas that are not specifically listed in the ordinance. Open Space and Landscaping The ordinance requires a minimum of 20% of the lot as open space/landscaping. This project has approximately 40% and is across the street from a 4+ acre promenade and plaza. Staff Alternatives 1. Approval of the conditional use subject to the following conditions: a. The applicant shall follow the provisions in the agreement on the disposition of land (ADL). b. All requirements of affected departments and agencies shall be met. 2. Continuance, for reasons determined during the public hearing. Applicant: Taylor Maughan, ICO Development 3401 North Center Street Lehi, UT 84043 Discussion: Taylor Maughan said this four-story building will have 201 units over first level parking. It will have similar architecture to Phase I, with complimentary amenities that are unmatched in this market. He is excited about this project. Commissioner Lovato asked about this transit-oriented development. Taylor Maughan said many of the renters will use public transit, however, the average renter will have a little less than one car per bedroom. The number of parking stalls for Phase II was calculated by comparing the first phase to predict the needs of the second phase. A higher parking ratio has been provided for the second phase. Steve Pastorik asked about the construction time frame. Taylor Maughan said construction will begin in January 2019, contingent upon financing. The construction time frame is 24 months. Motion: Commissioner Winters moved to approve C-15-2018 subject to the two conditions listed in the staff report. Commissioner Lovato seconded the motion. Vote: Brent Fuller Yes Commissioner Lovato Yes West Valley City Planning Commission November 14, 2018 Page 11 Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Wood Yes Commissioner Winters Yes Unanimous – C-15-2018 – Approved Approval of Minutes from October 24, 2018 (Regular Meeting) Approved Approval of Minutes from November 7, 2018 (Study Meeting) Approved There being no further business, the meeting adjourned at 4:38 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant