Planning Commission Public Hearing

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES May 8, 2019 The meeting was called to order at 4:03 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, Darrick Porter, Martell Winters, Cindy Wood, and Harold Woodruff ABSENT Clover Meaders WEST VALLEY CITY PLANNING DIVISION STAFF Jody Knapp, Steve Lehman, Steve Pastorik and Brenda Turnblom AUDIENCE There were 20 people in the audience. ZT-4-2019 West Valley City An ordinance amendment to allow freeway-oriented billboards within 660 feet of the right-of-way for Mountain View Corridor and Bangerter Highway Nick Augustyn with Reagan Outdoor Advertising is requesting a zone text change to allow freeway- oriented billboards within 660 feet of the right-of-way for the Mountain View Corridor and Bangerter Highway. Currently, freeway-oriented billboards are only allowed within 660 feet of the right-of-way for SR-201 and I-215. Within the LI (light industrial) and M (manufacturing) zones, a freeway-oriented billboard can be up to 672 square feet in area and 65’ in height. Within the C-2 (general commercial), C- 3600 Constitution Blvd. West Valley City, UT 84119-3720 Phone (801) 966-3600 Fax (801) 963-3559 West Valley City Planning Commission May 8, 2019 Page 2 3 (transitional commercial), LI and M zones, non-freeway-oriented billboards can be up to 300 square feet in area and 35’ in height. In other words, 300 square foot billboards are already allowed within the appropriate zones along the Mountain View Corridor and Bangerter Highway. This change would allow 672 square foot billboards within LI and M zones that are within 660 feet of the right-of-way for the Mountain View Corridor and Bangerter Highway. It is important to note that this change would not result in an increase in the number of billboards. Subsection 2 of Section 11-5-106 of the Sign Ordinance states: “The number of billboards allowed in the City shall be limited to the number of billboards that are existing in the City as of January 31, 2003 (53). This cap shall automatically decrease as billboards are removed but not relocated.” According to a staff database of billboards, there are currently 49 billboards within the City and 37 of those are owned by Reagan Outdoor Advertising. For reference, a map of existing billboards within the City is included with this report. Also included with this report is a copy of the billboard standards from Section 11-5- 106 of the Sign Ordinance. According to the applicant, the justification for the requested text change is “to have the opportunity to relocate less desirable (List provided by WVC), non-conforming billboards to conforming locations located along higher speed/traffic ‘arterial’ Freeways. Both Bangerter Highway and Mountain View Corridor are not surface streets. They both have higher freeway speeds and higher traffic counts similar to SR-201 and I-215. UDOT’s website even uses the word ‘Freeway’ when describing Mountain View Corridor.” The section that follows lists each of the applicant’s statements and provides staff comments below each statement. Applicant Statement 1: The justification for the requested text change is “to have the opportunity to relocate less desirable (List provided by WVC), non-conforming billboards to conforming locations located along higher speed/traffic ‘arterial’ Freeways.” Staff Comment 1: Subsection 11 of Section 11-5-106 of the Sign Ordinance already allows for the relocation of nonconforming billboards to approved locations along Bangerter Highway and Mountain View Corridor. The proposed change would simply allow larger and taller signs to be built along these transportation corridors, making the billboards more effective for higher speed traffic. The City does have a list of less desirable, nonconforming billboards which is attached to this report. Applicant Statement 2: “Both Bangerter Highway and Mountain View Corridor are not surface streets.” Staff Comment 2: Staff understands a surface street to be a street that is not a freeway and has at- grade intersections with other surface streets. A freeway has grade separated interchanges. Within West Valley, both Bangerter Highway and Mountain View Corridor currently have at- grade intersections. However, the soon to be adopted 2050 Regional Transportation Plan produced by the Wasatch Front Regional Council includes grade separated interchanges on Bangerter Highway in Phase 1 (sometime between 2019 and 2030) and grade separate interchanges on Mountain View Corridor in Phase 2 (sometime between 2031 and 2040). Hence, staff believes a more accurate statement would be: In the future, both Bangerter Highway and Mountain View Corridor will not be surface streets. West Valley City Planning Commission May 8, 2019 Page 3 Applicant Statement 3: “They (Bangerter Highway and Mountain View Corridor) both have higher freeway speeds and higher traffic counts similar to SR-201 and I-215.” Staff Comment 3: The table below lists the 2017 average annual daily traffic (AADT) from UDOT and 2040 projected AADT from Wasatch Front Regional Council for Bangerter Highway, Mountain View Corridor, SR-201 and I-215. Roadway 2017 AADT* 2040 Projections* Speed Limit Bangerter Highway from SR-201 to Ranges from 40,000 Ranges from 50,000 50 MPH 4700 S to 60,000 to 65,000 Mountain View Corridor from 4100 Ranges from 10,000 Ranges from 144,000 65 MPH S to 6600 S to 19,000 to 152,000 SR-201 from 7200 W to the Jordan Ranges from 44,000 Ranges from 74,000 65 MPH River to 129,000 to 178,000 I-215 from SR-201 to 4100 S Ranges from 91,000 Ranges from 153,000 70 MPH to 97,000 to 161,000 *AADT varies depending upon the segment of roadway. Applicant Statement 4: “UDOT’s website even uses the word ‘Freeway’ when describing Mountain View Corridor.” Staff Comment 4: The following text is taken straight from UDOT’s Mountain View Corridor website (https://www.udot.utah.gov/mountainview/): “Mountain View Corridor is using a phased construction approach designed to balance transportation needs with available funds. Initial construction includes two lanes in each direction with signalized intersections and biking and walking trails. Future construction phases will build out the remainder of the corridor by converting intersections to interchanges and adding inside lanes to achieve a fully functional freeway. Mountain View Corridor will eventually be a 35-mile freeway from I-80 in Salt Lake County to S.R. 73 in Utah County.” Staff Alternatives: 1. Approval of the ordinance change proposed by the applicant as both Bangerter Highway and the Mountain View Corridor will eventually be freeways. 2. Continuance, for reasons determined during the public hearing. 3. Denial, traffic counts on I-215 and SR-201 are significantly higher than Bangerter Highway and Mountain View Corridor. While both of these roadways will eventually be freeways with grade separate interchanges, these improvements could be as far as 11 to 21 years away. West Valley City Planning Commission May 8, 2019 Page 4 Applicant: Guy Larsen, Reagan Outdoor Advertising 1775 North Warm Springs Road Salt Lake City, UT 84116 Discussion: Guy Larsen would like to move less-desirable signs within the City to locations better suited for billboards. He said Reagan signs tries to be community-friendly and is willing to consider any sign that the City wants moved. Commissioner Lovato asked if other cities have billboards along Mountain View Corridor and Bangerter Highway. Guy Larsen answered yes, there are a couple of billboards along Mountain View Corridor. Terry Mills, 5890 West 3500 South, said the view along Mountain View Corridor is stunning. There are homes running along Mountain View Corridor and Bangerter Highway. She encouraged the Planning Commission to put the brakes on this application to consider the ramifications of what she calls a potentially distracting and detrimental ordinance. If some improvements are 11-21 years away, Terry Mills feels there is no reason to rush to change sign ordinances. She suggested the Planning Commission consider a moratorium on signage. Steve Pastorik related that billboards may not be within 75 feet of residential zones. Smaller billboards are already permitted in these locations with a building permit, however no conditional use permit is needed. This proposed zone text change would allow larger sized billboards along Mountain View Corridor and Bangerter Highway. Commissioner Woodruff asked about state regulations on billboards. Steve Pastorik said the State legislature made an exception where conforming billboards could be relocated to a location within a mile of the existing location. Motion: Commissioner Wood moved to deny ZT-4-2019, seconded by Commissioner Woodruff. The motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous –ZT-4-2019 – Denied SMI-4-2019 Covington Estates Subdivision 4016 South 6000 West R-1-7 Zone 3 Lots .68 Acres West Valley City Planning Commission May 8, 2019 Page 5 BACKGROUND Ward Engineering, representing the property owner, is requesting preliminary plat approval for the Covington Estates Subdivision. The subject property is located at 4016 South 6000 West and was recently rezoned from the A zone to the R-1-7 zone. An existing dwelling occupies the front portion of the property and will remain as part of the subdivision. STAFF/AGENCY CONCERNS: Fire Department:  Fire hydrants to be installed in accordance with the Uniform Fire Code. Granger Hunter Improvement District:  Project will need to run availability for water, sewer and fire protection.  Subject to design and review inspections. Utility Agencies:  Subject to all standard easement locations. Public Works:  Authorization required of ditch/water users for any abandonment, relocation, piping or any other modifications to existing ditches or irrigation structures.  Revisions to plat are required.  Coordinate new water and sewer line with the engineering division regarding the replacement of existing infrastructure.  Install curb, gutter, sidewalk and street improvements along 6000 West. Building Inspections:  Soils report will be required. ISSUES: The applicant is proposing a 3-lot subdivision to be known as Covington Estates. Lots range in size from 7,000 to 14,385 square feet. The average lot size for the 3 lots is 9,133 square feet. Minimum lot sizes and frontage requirements, including the flag lot have been adequately addressed. Currently, there is an existing dwelling along with other outbuildings on the property. It is the property owner’s intent to leave the existing dwelling on what will become lot 1. Other outbuildings will be removed to make room for two new single-family homes. During the rezoning process, the property owner entered into a development agreement with the City. The West Valley City Planning Commission May 8, 2019 Page 6 agreement addressed improvements to be made to the existing dwelling. Housing standards were also established for the new homes. Access to the subdivision will be gained from 6000 West. There are no improvements along the west side of the street at this location. The developer will install curb, gutter, sidewalk, and asphalt along this right-of-way. These improvements will connect with existing improvements to the north and to the south. In addition to these improvements, street trees will be installed along the frontage of lots 1 and 2. The variety of tree has yet to be determined, but it will be addressed prior to the plat recordation. New water and sewer lines will be installed for lots 2 and 3. The applicant and/or builder will need to coordinate with the City Engineering Division and Granger Hunter Improvement District for these improvements. The flag lot is adjacent to the Utah Salt Lake Canal. As part of the development agreement, a wrought iron fence will be installed along the north side of the canal to provide transparency into this area. As with all new subdivision development, there is a concern with the potential of ground water impacts especially here due to the location of the canal. The developer is in the process of doing a soils report. The report may be ready by the time this application is reviewed by the Planning Commission. Recommendations from this report will be added to the subdivision plat determining basement depths for lots 2 and 3. STAFF ALTERNATIVES: A. Approval of the Covington Estates Subdivision subject to a resolution of the items outlined in the staff report. B. Continuation to address issues raised during the public hearing. Applicant: Ben Dukari, representing the owner Motion: Commissioner Fuller moved to approve SMI-4-2019. Seconded by Commissioner Lovato, the motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous –SMI-4-2019 – Approved C-8-2019 Maverik West Valley City Planning Commission May 8, 2019 Page 7 4125 S. 6000 W. M Zone (3.02 Acres) The applicant, Maverik, Inc., is requesting a conditional use for a convenience store with fuel sales for property located at 4125 S. 6000 W. This property is zoned M, manufacturing and the West Valley City General Plan designates this area as Residential Office. The surrounding zone to the north is A (agricultural) and to the east and west the zone is R-1-8, single unit dwelling residential. The parcel to the south is zoned M (manufacturing), which is a remnant UDOT parcel from the Mountain View Corridor project. There is currently a warehouse building located on the property that has historically been used for computer electronics manufacturing. This building will be demolished and the entire site will be redeveloped for the Maverik location. The new building will be approximately 5,600 sqft and will be designed in accordance with the Commercial Design Standards. This includes the gas canopy design as well which will include a rock wainscot on the canopy posts so it is consistent with the main building design. The site has frontage along 4100 South, which is listed as a High Image Arterial Street. There are existing trees planted in tree-wells along 4100 South that were installed by UDOT as part of the Mountain View Corridor project. These trees will remain and then additional trees will be installed in the 20’ setback with a berm along 4100 South to comply with the requirements set forth in chapter 7-10 of the WVC Municipal Code. The landscaping to the west along the 6000 West frontage must also be a minimum of 20’ wide with a berm and trees planted every 30’. The east boundary is adjacent to residential, so the minimum setback is 20. There must be a minimum of one tree every 300 sqft and a 6’ masonry wall is required. The height of the wall is measured from the parking lot grade of the commercial site. This is a fairly large parcel for a convenience store so to the south of the site there is additional open space between the building and the UDOT parcel. There will be formal landscaping along the northern edge and then natural grasses for the remainder. A minimum of 5% landscaping is required for this site and 23% is proposed. All landscaping must be maintained and kept free of weeds. The signage for the site will include two monument signs. These are single tenant signs, so the maximum height allowed is 6’. Wall signs will also be placed on the building. All signage requires a building permit and is subject to the requirements set forth in title 11 of the WVC Municipal Code. Dumpsters must be in a 6’ masonry enclosure a minimum of 20’ away from the adjacent residential uses. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The landscaping must be installed per the approved plan and in accordance with all applicable standards in the West Valley City Municipal Code. 2. The building and gas canopy must be completed per the approved plans and shall be designed in accordance with the Commercial Design Standards. This includes a masonry wainscot on the gas canopy supports. 3. Signage must comply with the West Valley City Municipal Code. West Valley City Planning Commission May 8, 2019 Page 8 4. Dumpsters must be located within a 6’ masonry enclosure and maintain all required setbacks. 5. Must meet the requirements of all affected departments and agencies. 6. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Shay Bertola, Maverik 185 South State Street Salt Lake City, UT 84119 Discussion: Jody Knapp said she received an email from a neighbor concerned with fire, noise, safety, chemical hazards, light pollution, property values, and crime factors surrounding the proposed Maverik station. These concerns were answered and discussed in the prior study meeting. Commissioner Woodruff asked about traffic projections for 4100 South. Commissioner Winters said traffic has increased at 4100 South because that is where Mountain View Corridor ends. Steve Pastorik said the 2040 projections for 4100 South east of Mountain View Corridor are 29,000 and west of Mountain View Corridor is 24,000. Traffic volume for 4100 South in the year 2017 was 20,000. Shay Bertola said this new, upgraded convenience store will have 4-sided architecture. The theme is, “Adventure’s First Stop”. 24-hour fueling will be provided with a convenience store with a grill inside. Shay Bertola addressed some safety concerns: The underground storage tanks are double and triple lined with fire shut-off valves and comply with all state and federal guidelines. Maverik employs an on-staff environmental engineer. Tanks are digitally monitored. All in-store employees are safety trained. There are 20+ digital cameras both inside and outside of the store. Camera footage will be shared with the West Valley Police, if needed. Shay Bertola acknowledged all lighting will be retained on-site as to not disturb surrounding neighbors. The buffer around the store has been increased for the benefit of the neighbors. The property will be well landscaped and maintained. Clara Gunderson, 4144 South Rushford Court, is concerned about noise, lighting, nighttime deliveries, and snow being piled next to her home that may flood water into her yard. She asked about a barrier between the Maverik and residences. She is also concerned that someone running away from a crime will jump the wall into her backyard. Andrea Fuentes, 4136 South Rushford Court, mentioned that since Mountain View Corridor was built, traffic problems have increased on her street. 6,000 West is congested before and after school hours. There have been near accidents from students and parents who ignore stop signs. She is concerned that Maverik will increase traffic to the neighborhood. She would rather not have a 24- hour convenience store near her home, but if it is built, she would like an 8’ barrier wall near residences. Danielle Mailo, 4129 South Rushford Court, is concerned about traffic and crime. She said students skip school and hangout in her backyard. She feels a convenience store behind her home will worsen the problem. West Valley City Planning Commission May 8, 2019 Page 9 Jack Dam, 4118 South Rushford Court, said he did research and found that crime rates have increased around convenience stores. He is concerned about the property value of his home and insurance. Jack Dam said FHA will not provide mortgage insurance for properties in proximity of a leaking fuel tank. Commissioner Porter said problems with an FHA loan would only happen around a failed fuel tank, not just having a fuel tank in place. Jody Knapp said a convenience store is an allowed use in the Manufacturing zone, but the Planning Commission may stipulate conditions. Many of the residents’ concerns are addressed in City code. Jody Knapp feels a taller, 8’ barrier would be appropriate next to residential. Shay Bertola said the 20’ landscaping setback was almost tripled or quadrupled in consideration of surrounding residences. About 90% of traffic to a convenience store is capture traffic (traffic that is already there). A retail location would draw more traffic than a convenience store. He is willing to install a 7’ wall, which will be more difficult to scale. If a Maverik is robbed, security cameras will capture high definition photos. Commissioner Fuller would like City staff to review the pre-cast wall before it is installed to make sure it is good quality. Commissioner Winters asked about deliveries. Shay Bertola said both in-store deliveries and underground fueling entail a semi-struck pulling up near the tanks located along 4100 South. There is no sound involved to refuel the tanks. Fumes are sucked back into the tank and are not released into the air. Shay Bertola reported other Maverik stations do not receive complaints regarding noise. Deliveries are typically scheduled early morning or during the day. Other Maverik stations have not received complaints regarding odors. Brent Fuller said landscaping will do much to buffer the Maverik from residences. He suggested the tree caliper along the residential property be increased. Shay Bertola is willing to put in 2” minimum caliper trees on the east side of the property. Motion: Commissioner Lovato moved to approve C-8-2019, subject to the six conditions listed in the staff report. In addition, a minimum 2” caliper trees will be added to the east side of the property. The precast wall will be 7’ high and staff will review the design to make sure it is beautiful on both sides. The motion was seconded by Commissioner Porter and passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous –C-8-2019 – Approved Approval of Minutes from April 24, 2019 (Regular Meeting) Approved West Valley City Planning Commission May 8, 2019 Page 10 Approval of Minutes from May 1, 2019 (Study Meeting) Approved There being no further business, the meeting adjourned at 5:03 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant