Planning Commission Public Hearing

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES June 12, 2019 The meeting was called to order at 4:00 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, and Harold Woodruff ABSENT Martell Winters and Cindy Wood WEST VALLEY CITY PLANNING DIVISION STAFF Jody Knapp, Steve Lehman, Steve Pastorik and Brenda Turnblom WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were 24 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 3600 Constitution Blvd. West Valley City, UT 84119-3720 Phone (801) 966-3600 Fax (801) 963-3559 West Valley City Planning Commission June 12, 2019 Page 2 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. 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: West Valley City Planning Commission June 12, 2019 Page 3  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 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: West Valley City Planning Commission June 12, 2019 Page 4  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.  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. West Valley City Planning Commission June 12, 2019 Page 5 4. Continuance. This application should be continued for reasons determined during the public hearing. 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: Rich Day said DEV Group is willing to comply with City requirements to increase parking in and around the RM zone and provide access to public transportation. Randy Miller, 2640 West 3800 South, Adam Davis, 2620 Buckworth Drive, Park City, and Paul Jensen all support the idea of this rezone because it makes sense to have multiple family housing near public transportation. Commissioner Woodruff said it is a good planning concept which is being carried out elsewhere in the US. Motion: Commissioner Woodruff moved to approve ZT-5-2019 with the exception of removing the reference to regional shopping centers. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller No Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Majority – ZT-5-2019 – Approved Application #: ZT-6-2019 Applicant: West Valley City Request: A zone text change to amend Section 7-2-118 to allow an exception to the enclosure requirement for refuse storage containers within the M (Manufacturing) zone under certain conditions In May of last year, the City Council added the following requirement to the zoning ordinance for enclosures to refuse storage containers or dumpsters: “Where an enclosure was not originally required on a developed lot, an enclosure shall be installed upon the issuance of a new business license on the West Valley City Planning Commission June 12, 2019 Page 6 developed lot.” As staff has enforced this provision, we have noticed situations where refuse storage container enclosures may not be warranted. To address these situations, staff prepared the attached proposed ordinance revision that, in summary, states that refuse storage container enclosures should not be required for properties within the M (Manufacturing) zone if: 1. The refuse storage container is not visible from the street. 2. The refuse storage container is located behind a building or within a yard that is completely screened with a 6’ tall, masonry wall. 3. The refuse storage container is not located within a customer parking area. 4. The dumpster is not located along any side of a building with customer entrance. After reviewing staff’s proposed ordinance revision, Willis Boyd, the owner of an industrial development within the City, shared some suggestions, which are attached. Mr. Boyd’s concern is for buildings on corner lots or buildings that are side facing where refuse storage containers are located within loading dock areas along the back of buildings and the loading dock areas are visible from the street. To address the issue raised by Mr. Boyd, staff would suggest condition number one above be changed to: “The refuse storage container is located in a loading dock area that is screened by a 6’ tall masonry wall.” Staff Alternatives: 6. Approval of the ordinance revision that incorporates the change for loading dock areas suggested by staff. 7. Approval of the ordinance revision. 8. Continuance, for reasons determined during the public hearing. 9. Denial. Discussion: Commissioner Lovato asked if a chain link fence with slats will count as a screen wall. Steve Pastorik said, as proposed, the dumpster could not be visible from the street in either the form of a building in front of it, or a masonry screen wall. As written, a chain link fence with slats will not count. Motion: Commissioner Lovato moved to approve ZT-6-2019 Seconded by Commissioner McEwen, the motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes West Valley City Planning Commission June 12, 2019 Page 7 Unanimous – ZT-6-2019 – Approved ZT-7-2019 West Valley City This is a proposed amendment to Section 7-10-204(7) of the West Valley City Municipal Code to clarify the standards for lighting along Redwood Road. Redwood Road is listed as one of the High-Image Arterial Streets in section 7-10 of the City Code. Part 2 (7-10-200P) sets forth additional standards for specific streets that include a type of lighting fixture. Over time, Title 7 has been updated and Redwood Road inadvertently got deleted from the lighting standards section. This amendment simply clarifies which lighting fixture should be used in the Redwood Road streetscape design. Staff Alternatives: 1. Approval. 2. Continuance, to allow for the resolution of any issues raised at the public hearing. 3. Denial. Motion: Commissioner Lovato moved to approve ZT-7-2019, seconded by Commissioner Fuller. The motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – ZT-7-2019 – Approved Application #: GPZ-2-2019 Applicant: DEV Group Address: 2600 W 3800 S Request: General plan change from general commercial to very high density residential and zone change from C-2 to RM Property Size: 3.66 acres Mark Garza with DEV Group has submitted a General Plan/zone change application for 3.66 acres of property located at 2600 W 3800 S. The property is currently zoned C-2 (general commercial) with a General Plan designation of general commercial. The proposed zone is RM (multiple unit dwelling West Valley City Planning Commission June 12, 2019 Page 8 residential) and the proposed General Plan designation is Very High Density Residential (over 20 units/acre). Surrounding zones include C-2 to the north, east and west and R-1-8 (single unit residential, minimum lot size 8,000 sq. ft.) to the south. Surrounding land uses include the Valley Fair Mall to the north, Costco to the east, a shopping center and an 8-unit apartment building to the west and single-family homes to the south. The subject property is currently vacant; however, sometime between 2007 and 2008 a church that was previously on the property was demolished. The applicant is proposing 263 apartment units housed in a single building varying between 3 to 5 stories. The 3-story portion would be to the south where it is closest to the single-family homes. The proposed density of the project is 72 units/acre, which is similar to the density of the Residences at Fairbourne Station project. The attached concept plan and application materials from the applicant provide details on and support for on the proposed project. The applicant has also submitted a zone text change application (ZT-5-2019) 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. If application ZT-5-2019 is approved as proposed, the subject property for this application would be eligible to be rezoned to the RM zone because it is within a half mile of a light rail station and it is adjacent to a regional shopping center that is adjacent to I-215. If ZT-5-2019 is not approved, the subject property would not be eligible to be rezoned to the RM zone. In reviewing this application, staff suggests that there are three primary questions to answer: 1. Is this the right location for an apartment development? 2. Assuming apartments are deemed appropriate for this location, is the level of density appropriate for this location? 3. Assuming the location and density are appropriate, does the quality of the project further City goals? Each of these questions is explored below. Is this the right location for an apartment development? The answer to this question is partially answered in the decision on the applicant’s first application ZT- 5-2019 in that the subject property is within ½ mile of a light rail station. Certainly there are other site specific considerations that should be weighed including transportation, neighboring land uses and the demand for retail at this location. Transportation The table below provide average annual daily trip (AADT) traffic counts on 3800 S as well as connecting north south streets to 3800 S. The table also includes level of service (LOS) D capacities, which is the City’s LOS goal, for each street based on the number of lanes. Street AADT LOS D Capacity 3800 S 4,195 13,000 (between 2700 W and Redwood Rd) (2012) (for 3 lanes) 2700 W 15,000 30,500 (north of 3800 S) (2017) (for 5 lanes) 2700 W 18,000 30,500 West Valley City Planning Commission June 12, 2019 Page 9 (south of 3800 S) (2017) (for 5 lanes) 2200 W 6,000 13,000 (between 3500 S and 4100 S) (2017) (for 3 lanes) Redwood Rd 35,000 46,000 (between 3500 S and 4100 S) (2017) (for 7 lanes) After hearing the Planning Commissions concerns about traffic, the applicant commissioned a traffic study which is included with this report. The report addresses the traffic impacts associated with the proposed apartment development. In summary, the traffic study indicates that “all study intersections will operate at acceptable levels of service with split phasing at the 3800 South/2700 West intersection.” The traffic study further states that: “split phasing means that all movements on the westbound approach will have a protected green light at the same time.” In addition to the ½ mile proximity to TRAX, the subject property is also near the bus hub within Fairbourne Station that is serviced by 11 bus routes. No other location within the City has better transit access than those areas surrounding the West Valley Central station. Neighboring Land Use Apartment residents would be next to shopping and services including Costco, Wells Fargo Bank, restaurants, shops at the mall, Planet Fitness, Megaplex and Davis Food & Drug. Other uses that will soon be at the mall include Hobby Lobby (opening July 1), Old Navy (opening August 1), All-Star Bowling (opening September 1), Bank of America and Springhill Suites. Including a mix uses in close proximity to each other can reduce automobile trips that would otherwise occur when uses are segregated. In fact, the traffic study referenced above estimated a 22% reduction in trips based on the project’s proximity to retail and transit. In addition, adding residents to an area helps support the nearby businesses. There are also single-family homes on the south side of 3800 S that range from 1 to 2 stories in height. On the north side, the existing Costco building is just under 31’ tall, which is comparable in height to a three-story apartment building. Looking beyond the uses in the immediate vicinity, there are already 426 new apartment units either built or approved on the west side of 2700 W within Fairbourne Station. Just under 2/3rds of the units within large apartment complexes (100 or more units) in the City are located east of 3200 W. This does not include the additional 201 units within Fairbourne Station or the 430 units on the former Kmart site at 4100 S Redwood Road. So, one could argue that there is already a significant amount of apartment units within this portion of the City. Retail Demand The applicant provided the following information regarding retail demand at this location:  “Prior to marketing this parcel [for multiple family development] the Mall was seeking inquiries from commercial uses that would not be a competing use to the existing tenants. Some types of user were fitness gyms, banks, credit unions, fast food restaurants and car washes with no takers. Furthermore, given the amount of vacant space within the interior portion of the mall it would be counterproductive to add more retail space to the exterior of the mall. The exterior portion has reached somewhat of a saturation point in regards to the uses and competing categories, not to mention existing use restrictions in place with other core tenants.” West Valley City Planning Commission June 12, 2019 Page 10  “Adding a Multi-Family product brings more bodies onsite and opens the discussion for other service-oriented uses that cater to residents living onsite. The Mall has actually seen positive feedback in marking a “proposed” multifamily development on this parcel while discussing lease re-news as well as potential new tenants that would otherwise pass on a traditional mall setting.”  “With the market for retail space changing substantially in recent years, online shopping has placed several brick and mortar retailers at risk. At the same time, there is a rising unmet demand for rental housing.” The real estate services firm CBRE tracks retail performance within six submarkets within Salt Lake County. Most of West Valley City falls within the Central West retail submarket. In the first quarter of 2019, this submarket had the highest retail vacancy rate of 10.4% and the lowest asking lease rate of $15.93/sq. ft. in the County. Is the level of density (units/acre) appropriate for this location? Most apartment developments within the City are 2 to 3 stories tall with densities ranging between the high teens to low twenties. Exceptions include the Residences at Fairbourne Station Phase 1 at 78 units/acre, the Residences at Fairbourne Station Phase 2 at 70 units/acre and Sage Valley (former Kmart property) at 43 units/acre. The densities of the first two exceptions mentioned are supported by the Fairbourne Station Vision that is part of the General Plan and are within a 5 minute walk of the West Valley Central light rail station and bus hub. The third exception is a redevelopment project near a variety of commercial services and on the corner of two major streets that are both supported by transit. The densities for these three exceptions support certain amenities such as structured parking and elevators that don’t exist in shorter, lower density development. On the question of density, the City’s General Plan includes this statement: “When considering new apartment developments, West Valley City staff experience has shown that larger apartment developments (200 units and up) can have advantages over smaller developments. Larger developments tend to have more amenities like swimming pools, clubhouses, etc. and are more likely to have on-site management along with some level of surveillance or security. When there are issues requiring City involvement, the City is dealing with one landowner as opposed to numerous owners. Larger developments also tend to be owned by groups that are more likely to reinvest/update the units.” Does the quality of the project further City goals? The City first adopted design standards for multi-unit residential developments in 2006. These standards were updated in 2016 to require more design features and amenities. Projects that exceed these latest standards and address interior quality and management help the City accomplish the General Plan goal to “promote higher quality multi-family residential in appropriate locations.” City Code requires requests for the RM zone to be accompanied with a development agreement proposal that addresses dwelling unit sizes, exterior materials, architecture, landscaping and project amenities. Each of these items is addressed below. Dwelling Unit Sizes The proposed project includes a mix of one-bedroom, two-bedroom and three-bedroom units. As described below, the unit sizes exceed those listed in the City’s ordinance. West Valley City Planning Commission June 12, 2019 Page 11 Unit Type # of Units Minimum Size Proposed Size from Ordinance (Sq. Ft.) (Sq. Ft.) 1-bedroom 149 550 673 781 (corner units) 2 -bedroom 111 800 951 1,162 (corner units) 3-bedroom 3 1,000 1,266 Exterior Materials For materials, the City’s multi-unit residential design standards state: “All multi-unit residential Building exteriors shall be brick, stucco, stone or fiber cement siding. No more than 60% of a Building exterior shall be stucco. No more than 60% of a Building exterior shall be fiber cement siding. Where stucco or fiber cement siding are used, at least 20% of the Building’s exterior shall be brick or stone. Metal, wood and vinyl may be used as trim, soffits and/or accent materials only.” The applicant’s original submittal showed the use of tile, metal and stucco as exterior materials. Following comments from staff, the applicant is working on revised renderings to follow the ordinance standards. Architecture Based on a preliminary review of the architecture by staff, the proposed building meets or exceeds the ordinance standards with the exception of the required window treatments. This issue will also be addressed by the applicant in the revised renderings. Landscaping The applicant is working on an updated concept for landscaping. An earlier concept included 57.5% building coverage (60% is the maximum allowed in the ordinance and 18% useable open space (15% is the minimum. Given the proposed reduced setback along the east property line, staff recommends that the development agreement include language that addresses the proposed sidewalk and landscaping on the property directly east of the subject property. Project Amenities The proposed project exceeds the City’s requirements for amenities. For a project of this size, the ordinance requires six amenities. The proposed project includes 10 amenities listed in the ordinance: swimming pool, courtyard, clubhouse, garages, on-site manager, fitness room, private balconies, sport court, bicycle storage and covered pavilions. In addition, the project will also include a business center with Wi-Fi and computers for residents and a new 6’ masonry wall along the west property line. Interior finishes and amenities include solid surface countertops in the kitchen and bathrooms, full size washers and dryers in each unit, 9’ ceilings, stainless steel appliances, walk-in closets in the master bedroom, built-in microwave ovens, secured key card access and 2 tone paint. Staff Alternatives: West Valley City Planning Commission June 12, 2019 Page 12 10. Approval, subject to a development agreement that includes the standards proposed by the applicant as well as the items recommended by staff. 11. Continuance, for reasons determined during the public hearing. 12. Denial. Applicant: Rich Day 7069 South Highland Drive Cottonwood Heights, UT 84121 Discussion: Rich Day said this will be a high-end apartment building, not government subsidized. A traffic study has been done by Hales Engineering. It was learned that there is 40% greater traffic in the evening between 5-6 p.m. than during the peak morning hour. Rich Day said he understands the concern about westbound traffic onto Constitution Boulevard. The intersection at 3800 South 2700 West is operating at a good level of service (B). The traffic study anticipates that this intersection will operate at a service level D when more traffic is added. He recommends adjustments to the signal timing and split phasing to reduce delay. Commissioner McEwen appreciates the traffic study, but mentioned that traffic will increase when All-Star Bowling and Hobby Lobby open within the Valley Fair Mall. Commissioner Fuller feels the Valley Fair Mall should be involved in solving the traffic circulation problems. He feels those that benefit from the growth should participate to solve the problems created by that growth. Commissioner Porter would like to hear what the mall owners have to say about traffic and get their feedback. Commissioner Lovato said he lives close to the Pinnacle apartments, where there is a serious parking problem. The City requires parking spaces, but then the owners charge extra for tenants to park in those spaces. Having to pay for parking drives people to park on the streets. Chair Meaders asked if the metal finish on the building will be reflective. Steve Pastorik answered no. Ken Scott, 3816 South 2520 West, asked how many units will be in this apartment building. Steve Pastorik answered 263. Ken Scott said trying to cross the street is almost impossible as it is now. He feels that adding apartments here is a bad idea. Steve Pastorik said a crosswalk located mid- block will have flashing lights. The number of pedestrians crossing the street will determine the demand for this type of infrastructure. Melanie Scott said it is dangerous to walk through the mall parking lot. She asked what amenities the apartment will have so that children have a place to play. She mentioned that she has waited 7- 10 minutes to turn out of the Costco parking lot. She asked how this building will affect home values. Randy Miller, 2640 West 3800 South, asked how the City will accommodate calls to police and fire when there is already a 2-4 hour response time to get to the apartments which he owns. Steve Pastorik said that management is often the reason there are service calls to apartments. He would West Valley City Planning Commission June 12, 2019 Page 13 have to talk to police and fire to learn response times. Chair Meaders continued that apartment managers are responsible to screen their tenants. Randy Miller feels that 72 units per acre is too high of density. Chair Meaders mentioned that the ICO apartments are 80 units/acre. Steve Pastorik said the City made a conscious decision to allow higher density housing around Fairbourne Station. Randy Miller asked about parking stalls for the units. Steve Pastorik said there will be 149 1- bedroom units, 111 2-bedroom units, and 3 3-bedrooms units. There will be 424 parking stalls in the development overall with 263 units. The code allows 1.5 parking stalls for one-bedroom units, 1.75 stalls for two-bedroom units, and 2 stalls for three-bedroom units. Randy Miller asked if a bond will be required for construction of the apartments. He feels construction will take four years, not one year, as proposed. He asked if a bond will be required to reconstruct the highways that will be ruined by construction vehicles. Steve Pastorik said the City does not require bonding for that sort of thing. Victoria Merrell, 3912 South 2520 West, pointed out that people who own property take better care of it than those who rent. She feels many apartments become dangerous and delapidated because the tenants don’t care. She prefers condos and townhomes where people are invested in their property. She worries that children will play in the grocery store parking lot because there is no other place for them to play. She mentioned that when she walks to the mall, traffic flies by her. When someone stops for her, she often has to stop in the middle of the road to wait for opposing traffic to stop. Rod Glennis, owner of the Planet Fitness and Zurcher’s property, feels the proposed apartments are a good idea. He is concerned about access to his property. He has an easement agreement with the mall for truck access off of 3800 South to the dock doors in back of his property. He wants to be sure this agreement is maintained in the future. Rich Day said amenities will include a fitness center, swimming pools, a basketball court, an indoor soccer field, a tot lot, playground, bike storage, bike repair shop, and a spa. There are 5’ walkways along the east side of the development and a crosswalk with access to the mall. He is happy to get bids to add flashing lights to the crosswalk. He wants pedestrians to have access to and from the mall and will have a conversation with the mall owners. Chair Meaders asked Rich Day to give his contact information to Rod Glennis to discuss his easement. Commissioner Woodruff recollected that in the past, 12-20 units per acre was what would be expected outside of Salt Lake City. Now, on every corner there is something built with 80-100 units or more per acre. This development is in keeping where he sees the US is going. Commissioner Woodruff feels better about the traffic along 3800 South, but does not feel everything that is happening at the mall is being reflected in the traffic study. Commissioner Woodruff feels that pedestrian traffic warrants further study. Compared with what he has seen, Commissioner Woodruff feels this is a decent project. He suggested this application be continued for two weeks to answer more questions. He would like the mall to be active in solving the walkway and circulation problems. Chair Meaders asked if we can get the information we need within two weeks. Steve Pastorik said a more detailed traffic analysis will be looked at as part of the conditional use permit. Commissioner Fuller said the Springhill Suites, Hobby Lobby, and All-Star Bowling will all add traffic to this area. He feels traffic will be the worst in November and December with additional holiday shopping at the mall. He is in favor of continuing this application two weeks. West Valley City Planning Commission June 12, 2019 Page 14 Steve Pastorik asked if we could get the mall’s participation by the study meeting next week. Rich Day read a letter from the mall owners dated May 1 saying they are willing and ready to work to work with the City by improving the property and seeing that residents have safe access to the mall. Steve Pastorik said any improvements made on the property must be made with mall approval. Commissioner Lovato asked if this is the right location for high density housing. Commissioner Woodruff feels that it is. Chair Meaders feels the density is on par with the trend. She feels there will be fewer problems with better amenities and management policies. Commissioner Lovato mentioned that nothing has been in this spot for 30 years. Motion: Commissioner McEwen moved to approve GPZ-2-2019, including addressing the window treatments that are required by code, the landscaping and sidewalk improvements that are shown on the plan for the mall property, and stipulating that no separate fee for parking will be imposed. An exception will be made for the materials as proposed. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller No Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Woodruff No Majority – GPZ-2-2019 – Approved SMI-6-2019 Decker Lake Subdivision 2351 South Decker Lake Boulevard M Zone 2 Lots BACKGROUND Nearon Enterprises, LLC, is requesting preliminary subdivision approval for a commercial subdivision in the M Zone. The subject property is located at 2351 South Decker Lake Boulevard. The property is bordered on all sides with other properties also zoned manufacturing. ISSUES: The proposed subdivision is being requested in order to divide an existing parcel into 2 lots. Typically, most manufacturing properties are divided by metes and bounds descriptions. However, in this case, the developer is requesting a formal subdivision because of various easements needed for the division of property and the formal identification of existing recorded easements. The subdivision is intended to create 2 lots. Lot 1 is approximately 7.8 acres while lot 2 will be 1.4 acres. The existing buildings located on both lots will remain. The building on lot 1 is approximately 177,000 square feet, while the building on lot 2 is approximately 14,000 square feet. The larger building is a multi- West Valley City Planning Commission June 12, 2019 Page 15 tenant building used for warehouse and distribution of goods and services. The smaller building is used for fiberglass work on boats. Existing points of access along Decker Lake Boulevard will remain in place and will not require further review by Planning and Zoning and Engineering Divisions. STAFF ALTERNATIVES: 1. Approve the Decker Lake Subdivision subject to a resolution of staff and agency comments. 2. Continue the application to address concerns raised during the Planning Commission hearing. Applicant: Eric Beaulieu, Nearon Enterprises 101 Ygnacio Valley Road, Suite 450 Walnut Creek, CA 94596 Motion: Commissioner Lovato moved to approve SMI-6-2019, seconded by Commissioner Fuller. The motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – SMI-6-2019 – Approved C-9-2019 Popeyes 4038 S. Redwood Restaurant with drive-thru C-2 zone, .576 acres The applicant, Galloway, representing Popeyes Louisiana Kitchen, is requesting conditional use approval for a restaurant with a drive-thru located at 4038 S. Redwood Road. The zoning for this property is C-2, General Commercial and the General Plan designation is General Commercial. The surrounding zone is RM, multi-unit dwelling residential. The surrounding uses include the future mixed use redevelopment project. The building is proposed to be 2,471 square feet. The building will be constructed of stucco with a stone wainscot and will utilize awnings and metal balconies as accent features. The building must comply with the Commercial Design Standards. A drive-thru is provided along the east side of the site, adjacent West Valley City Planning Commission June 12, 2019 Page 16 to Redwood Road, so additional screening has been added along this area to comply with the City Code. Hours of operation are proposed for the use are 10 a.m. – 10 p.m. For landscaping, there is a Development Agreement for the overall site which requires that the streetscape be constructed to match the CVS on the corner of 4100 South and Redwood. This has been continued along this frontage and will help to create a more unified streetscape for the overall project. Trees are also required along the perimeter of the parking lot as outlined in 7-9-112. This property will be located adjacent to residential uses so staff recommends prohibiting outside music at this location. Also, the dumpster area is located to the south of the building away from the adjacent residential uses. A pedestrian connection has been provided to Redwood Road. The overall circulation for this center will be reviewed as the larger project develops. Signage for this site is proposed on the walls of the building. They have not included information for any ground signs. If future signage is proposed for this site it must comply with the Sign Ordinance. Staff Alternatives Approval subject to any issues raised at the public hearing as well as the following conditions: 1. The building must be completed per the approved plans and be designed in accordance with the Commercial Design Standards. 2. The site shall be landscaped per the approved plans including the Redwood Road streetscape to match the adjacent CVS property. 3. There must be adequate parking for the proposed restaurant use. 4. There shall be no outside music speakers at this location. 5. The dumpster shall be completely screened and secured with a 6’ masonry enclosure. 6. All mechanical equipment on site must be properly screened. 7. All signage must comply with the West Valley City Sign Ordinance. 8. Must meet requirements of all effected departments and agencies. 9. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Dave Pierson Galloway, Z&H Foods 515 South 700 East, Suite 3-F Salt Lake City, UT 84102 Discussion: Dave Pierson said the south end of the building will be an entirely enclosed housekeeping pad. Outside of the building is a Rocky Mountain Power Transformer. West Valley City Planning Commission June 12, 2019 Page 17 Dave Pierson agrees not to have outside music. The only speaker system will be the order board. Commissioner Lovato mentioned the Trex fencing. Dave Pierson said it is nicer looking than a block wall, it will handle high winds, and will block headlights. Motion: Commissioner Woodruff moved to approve C-9-2019 subject to the nine items listed in the staff report. Commissioner Porter seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – C-9-2019 – Approved C-10-2019 Godfrey Trucking Maintenance Facility 6129 W. 2100 S. M Zone (4.73 Acres) The applicant, Godfrey Trucking, is requesting a conditional use for construction of a maintenance facility at 6129 West 2100 South. This property is zoned M, manufacturing and the West Valley City General Plan designates this area as light industrial. The surrounding zone is M, manufacturing on all sides. Godfrey Trucking currently operates at this location and is proposing to construct a new 25,000 sqft maintenance facility. They are working on restructuring the parcels and this new building will be on Lot 1 of the Godfrey Industrial Park. The intent is to improve approximately 4.73 acres of the 22.39 acre parcel for parking and maneuvering areas adjacent to the new construction. The building will consist of four service bays, two check-in bays, a truck wash bay and a fueling station. There will also be some offices, a storage area, lockers and restrooms. The building construction will be a 6’ concrete perimeter wall with metal panels extending above that wall. The roof will also be metal. The site has frontage along the 201 South Frontage Road, which is listed as a High Image Arterial Street. In 2016, a delay agreement was approved for the improvements along the frontage due to the impacts of the Mountain View Corridor project. The property lines have been adjusted with the recent subdivision and the impact should mostly be to the east of this site. Therefore, the 20’ of landscaping should remain intact. Staff recommends that the required trees be planted once that roadway construction is complete. Additional landscaping will also be added on the interior of the site to comply with the 5% minimum for the M Zone. Wall signs will 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. West Valley City Planning Commission June 12, 2019 Page 18 Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The site and building must be constructed per the approved plan and in accordance with all applicable standards in the West Valley City Municipal Code. 2. Signage must comply with the West Valley City Municipal Code. 3. Must meet the requirements of all affected departments and agencies. 4. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Norm Dahle 2675 East Melony Drive Holliday, UT 84124 Motion: Commissioner Lovato moved to approve C-10-2019 subject to the four conditions listed in the staff report. Commissioner McEwen seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – C-10-2019 – Approved Approval of Minutes from May 22, 2019 (Regular Meeting) Approved Approval of Minutes from June 5, 2019 (Study Meeting) Approved There being no further business, the meeting adjourned at 5:53 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant