Planning Commission Public Hearing

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES May 22, 2019 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, David McEwen, Clover Meaders, Darrick Porter, Martell Winters, and Cindy Wood ABSENT Mathew Lovato 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 seven people in the audience. Application #: ZT-5-2019 Applicant: DEV Group Request: An ordinance amendment to change the criteria found in Section 7-5-101 used to determine whether a property is eligible to be rezoned to the RM zone DEV Group has submitted a zone text change application to amend the criteria found in Section 7-5-101 used to determine whether a property is eligible to be rezoned to the RM zone. 3600 Constitution Blvd. West Valley City, UT 84119-3720 Phone (801) 966-3600 Fax (801) 963-3559 West Valley City Planning Commission May 22, 2019 Page 2 In July of 2015, the City Council passed an ordinance where rezones to the RM zone were prohibited. Prior to this time, there were no restrictions on zone changes to the RM zone other than the minimum lot size of 20,000 square feet. In November of 2015, the City Council amended the ordinance to allow rezone applications to the RM zone under certain conditions. Those conditions are:  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;  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 multifamily residential Development on two sides; and  A Development Agreement must be proposed with the zone change application that addresses Dwelling Unit sizes, exterior materials, architecture, Landscaping, and project Amenities. For reference, a copy of the Major Street Plan is included with this report. The applicant proposes to change the first and second conditions as outlined in the attached application. In summary, the changes would remove the minimum acreage and maximum density provisions for properties within ½ mile of a light rail station and allow ½ mile proximity to a light rail station or adjacency to a regional shopping center that is adjacent to I-215 to meet the second condition. A regional shopping mall is defined in City Code as: “a Shopping Center located within 200 feet of Interstate 215 with a combined Building size over 500,000 square feet and a minimum site area of 50 acres.” The applicant’s justification for the change is as follows: “With the renewed trend of “Live, Work, Play” as the smart way to plan, as well as the ever-increasing housing crises, Transit Oriented Development and Regional Shopping Centers allow us to add two more aspects to Live, Work, Play. They are “Eat and Shop”. TOD and Regional Shopping Centers offer an amenity rich environment for multi-family housing. Walkability and convenience have become the core of this trend, having people right at your door step allows retailors the benefit of a stable shopper. With the added value of light rail and freeway access well located multi-family projects increase transit ridership, reduce vehicle trips, bolster retail sales revenue providing energy conscience individuals everything they need. With the City’s adoption of the General Plan in 2015 the goals and polices focus on the establishment of high density residential housing to be located within walking distance to a transit station. This amendment to the RM zone brings the goals and policies of the general plan in line with the ordinance providing stakeholders an opportunity to implement the City’s vision for a walkable, economically viable, environmentally conscience community. It is a phenomenon that will, by many credible estimates, cause 85 percent of us to be living in urban areas by the year 2050. Live, Work, Play, Eat and Shop.” In the applicant’s justification, reference is made to goals and policies in the City’s General Plan that support this application. Below are specific references in the City’s General Plan that would seem to support this application:  The City should preserve and enhance its existing single family neighborhoods. The preservation of single family neighborhoods is one significant goal of the 2035 General Plan update. With a few limited exceptions, no land use changes are suggested for the majority of single family West Valley City Planning Commission May 22, 2019 Page 3 residential zones within the City. Rather than allowing density throughout the community, this Plan focuses higher density housing and other more intense land uses along opportunity areas serviced by transit. (Page 23)  The City should encourage transit oriented development (TOD) in strategic locations. Transit oriented development (TOD) combines different land uses at higher intensities, centered around transit opportunities and built at a pedestrian accessible scale. Rather than separating land uses, TOD seeks to integrate them. In addition to the obvious benefit of placing new residents and employees by transit to promote ridership, TOD can be the catalyst to revitalize blighted areas. (Page 25)  In areas that have or will have significant access to public transit, West Valley City has an opportunity to shape land use and developments toward more pedestrian and transit supportive districts. In an effort to develop a unified policy which will help bring about transit-oriented development, the following policies have been developed. Any transit-oriented development (TOD) projects may also be further supported by preparing small area master plans to provide greater detail for the City’s vision of the areas around transit stations. 3.32 Goal: Encourage transit-supportive land uses around transit stations. 3.32.1 Action: Develop a zoning strategy to provide for transit-oriented development (TOD) around TRAX stations and select BRT stops. This strategy should incorporate the following principles: o Emphasis on walkability and the pedestrian o Interconnected street grid o Smaller blocks o Traffic calming measures o Support for a variety of transportation modes o Mix of complimentary and transit-supportive land uses o Reduced dependency on the automobile o Compact development forms o Development oriented to the street o Public gathering spaces (Page 77)  4.1 Goal: Continue to grow property and sales tax at a rate higher than population growth. 4.1.3 Action: In areas where retail development is aging (at least 30 years old) and underperforming and where transit is readily accessible, consider the addition of some multi-family residential as part of a redevelopment strategy to add more retail demand. (Page 89)  7.3 Goal: Create a more balanced mix of rental product by encouraging Class A units in larger developments near transit stations. 7.3.1 Action: When considering rezone requests for high density residential development, the proximity to transit, the size of the project and the proposed level of quality (i.e. exterior and interior finishes and amenities) should be primary factors for evaluation along with other site specific considerations. (Page 112) As the Commission reviews this application it is important to consider the following:  If approved, this zoning ordinance amendment would only apply to properties within ½ mile of a light rail station. Staff would recommend dropping the reference to properties adjacent to regional shopping centers as the Valley Fair Mall is within ½ mile of a light rail station. West Valley City Planning Commission May 22, 2019 Page 4  Should the Commission approve this application, rezone requests to the RM zone will remain a legislative decision. This means that the Commission or Council does not have to approve rezone requests to the RM zone that meet the conditions outlined in the ordinance. The conditions simply make a property eligible for an application to be submitted for consideration.  The U.S. Department of Transportation website states the following: “Most people are willing to walk for five to ten minutes, or approximately ¼- to ½ -mile to a transit stop.” Attached to this report is a map showing 5, 10 and 15 minute walking distances from the West Valley Central light rail station. As an alternative to the ½ mile distance to a light rail station proposed by the applicant, the distance could be to decreased to ¼ mile.  The last General Plan update began at the end of 2013 and was adopted at the end of 2015. So, the policies and goals were based on conditions about 5 years ago. Since that time, the City has approved the following applications to the RM zone: o 1770 W 4100 S: 430 apartments and 21 townhomes o 3567 S 5600 W: 130 townhomes o 3579 S Redwood Rd: 99 townhomes o 4530 S 2700 W: 149 townhomes o 6500 S 5600 W: 89 senior apartments  Staff has seen significant developer interest in apartments and townhomes. This is due to current market conditions. According to a multi-family report from Berkadia, rents within the West Valley City/Airport Area submarket increased 4.5% in the 1st quarter of 2019 and 4.6% in the 1st quarter of 2018. Average rent as of the 1st quarter of 2019 for this submarket was $1,032 and the vacancy rate was 5.7%. Starting prices for new townhome developments in the City are $300,000 along Redwood Road and $280,000 along 2700 West.  The current City Center Zone does allow multi-unit residential near the West Valley Central light rail station by City Hall. The current code does allow rezone applications to the RM zone along major streets like Redwood Road and 3500 South that are near the West Valley Central and Redwood Junction light rail stations. The current code also allows rezone applications to the MXD (Mixed Use) zone for properties that are at least five acres. This zone also allows multi- unit residential. Staff Alternatives: 1. Approval. This application should be approved as it is supported by policies and goals in the General Plan. The reference to regional shopping centers should be removed. 2. Approval. This application should be approved subject to a change that would allow zone change applications to the RM zone for properties within ½ mile of the West Valley Central light rail station only. This station has the highest level of transit service. 3. Approval. This application should be approved subject to a change that would reduce the distance to a light rail station to ¼ mile. 4. Continuance. This application should be continued for reasons determined during the public hearing. West Valley City Planning Commission May 22, 2019 Page 5 5. Denial. This application should be denied for the following reasons: a. The City has already approved several rezones to the RM zone that are near transit since the last General Plan update. b. The City Center Zone already allows multi-unit residential near the West Valley Central light rail station by City Hall. c. The current code still allows rezones to the RM and MXD zones under certain conditions to accommodate additional multi-unit residential. Applicant: Rich Day 7069 South Highland Drive Cottonwood Heights, UT 84121 Discussion: Other than the West Valley Center light rail station, Commissioner McEwen does not feel there is enough infrastructure (grocery stores, in particular) to support multi-unit residential within ½ mile of the three other light rail stations. Steve Pastorik said there is not a large traditional grocery store, however, there are some smaller ethnic stores along Redwood Road. Steve Pastorik said areas to the north of the City are generally industrial. Grocery stores do better with rooftops around them, not on the edge of industrial areas. He mentioned that being a couple of miles away from a grocery store is not a long drive in terms of distance. Rich Day said more grocery stores will come in after rooftops and apartments are built. Rich Day reported that he has had 18 months of discussions with representatives from the Valley Fair Mall. The trend for malls in the US is to add more grocers, health clinics, chiropractic, and dialysis centers near malls. Valley Fair Mall does not just want to be a shopping destination, but will offer entertainment as well. Rich Day said he developed apartments in Sage Valley, similar to those being proposed. He has received feedback on the Sage Valley community and has implemented those suggestions into the design of this property. Chair Meaders asked Rich Day if he has a problem with dropping the words, “adjacent to a shopping center” from this application. Rich Day answered that he doesn’t think so, but he would like to consult with his attorney. Victoria Merrell, 3912 South 2520 West, said she has a neighbor whose home faces the entrance to Costco. There have been several accidents there and her neighbor has had more than one car end up on her front lawn. Victoria Merrell feels a traffic light is needed near the entrance of Costco. Cars do not currently stop at that crosswalk, and she has waited ten minutes to walk across the road while traffic flies by. She is concerned about the quality of life for residents living in the proposed apartments. Commissioner Fuller asked Victoria Merrill if she would be in favor of the apartments if traffic problems are resolved. Victoria Merrill answered she is not opposed to quality housing as long as it is not too dense. She does not want apartment dwellers to have to park away from their homes and wants to make sure their children have places to play. Commissioner Winters noted that this zone text change allows an applicant to request high density housing near light rail, but the Planning Commission may still deny any application. Chair Meaders said the apartment plan will be considered at the June 12, 2019 public hearing. Commissioner Fuller is concerned that if the definition of transit center is changed in the future, higher density housing may end up on the west side of the City. Commissioner Wood is concerned that West Valley is becoming a city of apartments. She asks how she would feel if the apartments West Valley City Planning Commission May 22, 2019 Page 6 were in her neighborhood and what it will look like in ten years. Commissioner McEwen said there are already many high quality, high-density projects that have been approved within the City that have not yet been built. Commissioner Winters said he has been in favor of high-density apartments near his home because there was nothing better to go there. Commissioner Fuller would like to review the apartment proposal to see if it would really work in these areas. He feels high density housing may work near the City Center light rail station, but he does not see an advantage of having high density housing around the other three light rail stations. A traffic light near the entrance of Costco may help with traffic problems, but getting onto 2700 West is a disaster now and will only get worse with more high density housing. Chair Meaders asked Steve Pastorik if he sees other locations that may be impacted by this zone text change. Steve Pastorik said this area is already developed, other than a few small infill pieces. Most likely high-density housing would only happen in a redevelopment scenario. Motion: Commissioner Winters moved to approve ZT-5-2019 option 2 which would allow zone change applications to the RM zone for properties within a ½ mile of the West Valley Central light rail station only, seconded by Commissioner McEwen. The motion failed. Vote: Commissioner Fuller No Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter No Commissioner Winters Yes Commissioner Wood No Split – ZT-5-2019 – Failed Motion: Commissioner McEwen moved to continue ZT-5-2019 to the June 12, 2019 public hearing. Seconded by Commissioner Fuller, the motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Unanimous – ZT-5-2019 – Continued ZSA-1-2019 Clearstone Estates Subdivision Phase 2 – Lot 210 Amended and vacating a portion of Clearstone Drive West Valley City Planning Commission May 22, 2019 Page 7 6522 West Clearstone Drive (3755 South) R-1-10 Zone BACKGROUND Ken Milne is requesting a plat amendment for lot 210 of the Clearstone Estates Subdivision Phase 2. This plat amendment will also vacate a portion of Clearstone Drive where the existing stub street currently ends. STAFF/AGENCY CONCERNS: The applicant has coordinated the proposal with the City Engineering Division and Granger Hunter Improvement District regarding relocation and new construction of the existing improvements. ISSUES: The second phase of the Clearstone Estates Subdivision was recorded with the Salt Lake County Recorder’s Office in October 2016. As part of this subdivision, a stub street was provided at the east end of Clearstone Drive. This stub street was intended to serve as an access point into the Defa property to the east. Mr. Milne recently acquired the Defa property and started design work on what will become phase 3 of the Newton Farm Subdivision. Mr. Milne approached the City about the possibility of eliminating the existing stub street in Clearstone Phase 2. There are three possible ways for this request to be handled: 1. The City would not vacate the ROW. Mr. Milne would modify the street and install a knuckle with corresponding improvements. The area that is part of the ROW, but outside of the street itself, would be improved with stamped colored concrete. This option would not impact lot 210 as the sidewalk could remain in place, but leaves an awful lot of stamped concrete in front of lot 210. Although an option, the City Engineer does not like this approach. 2. Hallmark Homes, the owner of lot 210, could participate by supporting the proposed street vacation. This would allow the area that would otherwise be stamped concrete to be landscaped. Once the knuckle is completed, and the vacated portion of the street landscaped, no one would know that this was not the intended design of this lot. This approach does meet with the City Engineer’s approval. 3. Require that Clearstone Drive extend to the east into the Defa property. When discussing these options with Hallmark Homes, they believe the road should connect to the east. This is obvious as their entire frontage is improved and landscaped. The home is ready to sell. However, Hallmark explained to staff that if the second option is favored by the City Engineering Division, they would support that option as it would result in a better design without the stamped concrete. As a result, the application to amend lot 210, was signed by Hallmark Homes. To summarize that point, Hallmark Homes prefers the road to connect, but signed the application as the design meets with City Engineering approval. While the City stresses the importance of connectivity, this situation does have special circumstances that factor into why Mr. Milne is making this request: 1. Clearstone Estates Phase 2 is zoned R-1-10. This zone allows for lots to be 10,000 square feet in West Valley City Planning Commission May 22, 2019 Page 8 size and is accompanied by setbacks that total 45 feet. In contrast, the Defa property is zoned RE and comes with setbacks that total 60 feet. Why does this matter? If the existing stub street were to extend to the east, there would only be 100 feet of lot depth to the property line of those existing properties along 3785 South. Given that larger homes are required in the RE Zone, it becomes difficult to place these structures in a shallow lot. If the Defa property was zoned R-1-10, this would not be a problem as the developer would be able to design homes up to 55-feet in depth. With the RE Zone requirements, the developer can only design a home that is 40 feet in depth. While you can design a home with a shallow depth, the design options are limited. According to the applicant, when people spend $600,000 to $800,000 dollars, they don’t want a linear home plan. The average depth of the homes built in Newton Farms is 57 feet deep. In addition, Mr. Milne points out that if the lots were to be 100 feet deep, the width of the lots would need to increase to 140-150 feet to achieve the lot size requirements of the RE Zone. 2. The is an elevation difference between the Clearstone Estates and the Defa property. While the grade difference is approximately 3 feet on the south end of the stub street, it increases to approximately 5 feet on the north side. This would require that a substantial amount of fill be brought to the site. While that in and of itself may not be problematic, it could create grading problems for property owners on the downslope side of the road. While walk-out basements would be an option, the lots would be over 225 feet deep. The applicant does not believe this lot depth makes much sense. One design option would be to plat a cul-de-sac on the north side of the road to lessen the depth of the lots. However, the cul-de-sac would be rather shallow and would most likely create other grading problems from one lot owner to the next as walk-out basements would be more difficult to design. The request before the Planning Commission is to amend lot 210 of the Clearstone Estates Phase 2 Subdivision. The amendment of this lot will be the direct result of vacating a portion of Clearstone Drive and installing a knuckle as opposed to extending the existing right-of-way to the east. If approved, the amended subdivision will accomplish the following: 1. The plat will vacate a small portion of Clearstone Drive at the east end of the stub street. 2. The amended lot 210 will receive approximately 828 square feet of property. 3. Mr. Milne will remove and replace all existing infrastructure to meet West Valley City Engineering requirements and requirements of Granger Hunter Improvement District. 4. Hallmark Homes will provide a bid estimate for costs associated with the installation of new landscaping in the area that will be vacated. Mr. Milne will provide funds to Hallmark Homes to cover those costs. The two property owners will also need to coordinate a temporary construction easement for the work that needs to be done in front of lot 210. 1. STAFF ALTERNATIVES: A. Approval of the plat amendment and partial vacation of Clearstone Drive subject to the applicant resolving concerns of the City Engineering Division and Granger Hunter Improvement District. B. Continuance to allow for more discussion regarding the application. West Valley City Planning Commission May 22, 2019 Page 9 C. Denial of the plat amendment. Clearstone Drive should make a connection into the Defa property to the east. Applicant: Ken Milne, Arcadia Builders Discussion: Commissioner Winters feels it makes sense to approve this plat amendment so that people may move into large homes on lots that accommodate them rather than smaller homes on a more shallow lot if the road were to be extended. Motion: Commissioner McEwen moved to approve ZSA-1-2019 subject to the applicant resolving the concerns of the City Engineering Division and Granger Hunter Improvement District. Seconded by Commissioner Fuller, the motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Unanimous –ZSA-1-2019 – Approved SMI-5-2019 Anna Caroline Subdivision 2400 South 5700 West LI Zone 1 Lot & 1 Parcel 14 Acres BACKGROUND The Utah Department of Transportation is requesting preliminary approval for the Anna Caroline Subdivision. The subject property is located at 2400 South 5700 West and is zoned Light Industrial. ISSUES: The proposed subdivision consists of 1 lot and 1 parcel. Lot 1 consists of 9 acres and Parcel A consists of 2.2 acres. The purpose for the subdivision is to create a new lot for the Utah Department of Transportation. Lot 1 will be used for a maintenance facility and salt shed, while Parcel A will be developed later. The subdivision plat will also dedicate portions of Anna Caroline and 2400 South. Anna Caroline will be dedicated to a 71-foot width. Previous developments to the south (Winco & Cabco) have dedicated and built portions of Anna Caroline Drive. However, a connection to the south will not be made at this time. Anna Caroline has been constructed through the Winco property, but not West Valley City Planning Commission May 22, 2019 Page 10 through the Cabco 5600 West property. Once the bridge over the Riter Canal has been constructed, the Cabco piece will be built to tie in with the Winco piece and the portion that will be dedicated as part of this plat. This section of Anna Caroline will also have a wider sidewalk on the west side of the street to connect with the cross-town trail system. 2400 South will be dedicated to a 90-foot width. This road will align with the newly built intersection on 5600 West. Additional dedication will be provided along the west side of 5600 West per UDOT requirements. The subdivision plat will create the lot and parcel as illustrated. However, the applicant will need to coordinate future site improvements and storm water drainage with the City Engineering Division and Planning Divisions. STAFF ALTERNATIVES: 1. Approve the Anna Caroline Subdivision subject to a resolution of staff comments. 2. Continue the application for reasons determined in the Planning Commission meeting. Applicant: Jeremy Christensen, MSP 3959 West 1820 South Salt Lake City, UT 84104 Discussion: Jeremy Christensen, consultant for Mountain View Corridor, said the salt shed is enclosed and complies with Federal requirements for pollution, with a dedicated pond for salt water. He said similar, good looking salt sheds have been built throughout the state. A concrete wall will be installed along 5600 West. There will be a chain link fence with vinyl privacy slats surrounding the building. The salt shed will service all state routes from 5400 South to I-80 and Magna to Bangerter Highway, as well as Mountain View Corridor when construction is completed. Commissioner Porter asked if this building will replace another facility. Jeremy Christensen answered yes, the previous salt shed is located just east of Godfrey Trucking and it is in decline. Mountain View Corridor will go right through the old building location. Commissioner Wood asked if the new salt shed is already under construction. Steve Lehman answered yes, because it is in the LI (Light Industrial) zone, it is not a conditional use and did not come before the Planning Commission for approval. Steve Lehman suggested that a site plan of the salt shed be shared with the Planning Commission at the next study meeting. Motion: Commissioner Winters moved to approve SMI-5-2019, seconded by Commissioner McEwen. The motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes West Valley City Planning Commission May 22, 2019 Page 11 Unanimous – SMI-5-2019 – Approved Approval of Minutes from May 8, 2019 (Regular Meeting) Approved Approval of Minutes from May 15, 2019 (Study Meeting) Approved There being no further business, the meeting adjourned at 4:51 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant