Planning Commission Public Hearing

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES August 14, 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, Clover Meaders, Darrick Porter, Martell Winters, and Harold Woodruff ABSENT David McEwen and Cindy Wood WEST VALLEY CITY PLANNING DIVISION STAFF Steve Lehman, Steve Pastorik, and Brenda Turnblom WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were eight people in the audience. 3600 Constitution Blvd. West Valley City, UT 84119-3720 Phone (801) 966-3600 Fax (801) 963-3559 West Valley City Planning Commission August 14, 2019 Page 2 Application #: ZT-11-2019 Applicant: Petra Winegar Request: A zone text change 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 Petra Winegar, representing Leroy Nguyen, has submitted a zone text change to amend the criteria found in Section 7-5-101 used to determine whether a property is eligible to be rezoned to the RM (Multiple-Unit Dwelling Residential) 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 condition as outlined in the attached application. In summary, a property would meet the first condition if the property had structures that were demolished within one year from November 17, 2015, which is when the ordinance imposing the RM rezone restrictions became effective. The applicant, Petra Winegar, represents Leroy Nguyen, who owns two parcels at 2351 S and 2363 S Redwood Road. These properties together total 1.77 acres. The timeline below helps explain why this application is requested.  Over the last 15 years there have been 9 code enforcement cases on the property for a variety of issues including graffiti, inoperable vehicles, tall weeds, a lack of building maintenance, garbage, etc. The most recent citation was in July of this year.  In 2010, the City approved a zone change on the property from A (agriculture, minimum lot size ½ acre) to C-2 (general commercial). The intended use at the time was a shopping center.  In 2015, the Planning Commission approved a conditional use permit for a supermarket and car sales on the property. This permit has since expired as construction never commenced.  In June of 2016, the owner demolished the two homes on the property. By way of background, the Planning Commission recently recommended approval of an ordinance change (ZT-5-2019) that would allow rezone requests to the RM zone on properties within ½ mile of light rail transit stations. This ordinance change has not been reviewed by the City Council yet; West Valley City Planning Commission August 14, 2019 Page 3 however, if it does pass, the properties owned by Mr. Nguyen are not within ½ mile of a light rail transit station. Staff is supportive of this change for the following reasons:  The revision has been narrowly crafted so that it will have very limited applicability.  Mr. Nguyen’s property is adjoining townhomes on two sides.  There are 7 townhome developments along Redwood Road within the City. One of them, Cobalt Landing, is still under construction.  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. During the study session the Planning Commission asked about the number of demolition permits. Since the ordinance imposing the conditions became effective on 11/17/2015, staff looked at demolition permits from 2016 to 2018. During this time there were 70 demolition permits issued with most of the permits issued not being located on a major street. A copy of the permit report listing the demolition permits is included with this report. Staff Alternatives: 1. Approval. This ordinance should be approved for the reasons outlined by staff in this report. 2. Continuance. This application should be continued for reasons determined during the public hearing. 3. Denial. This ordinance should be denied as there are other areas within the City that are still eligible for RM zoning. Applicant: Petra Winegar 1414 East Murray Holladay Road Murray, UT 84117 Discussion: Petra Winegar said she received a letter of intent from Alpine Homes, who is interested in purchasing the property to build 3-bedroom, 3-bathroom townhomes. The townhomes will be owner occupied. Commissioner Winters feels this request makes sense because the property fits the criteria for a zone change prior to the demolition of the two homes. Motion: Commissioner Winters moved to approve ZT-11-2019, with the removal of the one-year time frame. Seconded by Commissioner Porter, the motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes West Valley City Planning Commission August 14, 2019 Page 4 Commissioner Woodruff Yes Unanimous – ZT-11-2019 – Approved Applicant: Petra Winegar 1414 East Murray Holladay Road Murray, UT 84117 Discussion: Petra Winegar said she received a letter of intent from Alpine Homes, who is interested in purchasing the property to build 3-bedroom, 3-bathroom townhomes. The townhomes will be owner occupied. Commissioner Winters feels this request makes sense because the property fits the criteria for a zone change prior to the demolition of the two homes. Motion: Commissioner Winters moved to approve ZT-11-2019, with the removal of the one-year time frame. Seconded by Commissioner Porter, the motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Unanimous – ZT-11-2019 – Approved Application #: ZT-12-2019 Applicant: Vijay Dandapani Request: A change to Section 11-6-101 of the Sign Code regarding alterations to nonconforming signs. Vijay Dandapani has submitted an ordinance text change to amend Section 11-6-101 of the Sign Code regarding alterations to nonconforming signs. Section 11-6-101 currently states the following: “A nonconforming sign shall not be altered, reconstructed, raised, moved, placed, extended, or enlarged, unless said sign is changed so as to conform to all provisions of this Title. All alterations shall require conformance to the provisions of this Chapter including any physical changes to the sign panel or the sign cabinet itself. Face changes in multi-tenant signs, freeway-oriented pole signs, normal maintenance/repair, and copy changes in signs previously approved by the City with a changeable copy feature are excluded. Further exclusions include any architectural enhancements to existing multi-tenant pole signs in conjunction with a building façade remodel. The building façade remodel must be at least 25 percent of the front façade of the building. West Valley City Planning Commission August 14, 2019 Page 5 Overall height, size, and shape of the sign shall not be increased. Any sign that is located within or projects into the existing public right-of-way shall be made conforming when an alteration occurs.” The applicant is requesting to add the following to the end of Section 11-6-101: “Notwithstanding the foregoing, a nonconforming sign may be reasonably altered, where the requested alterations are required to establish or maintain compliance with the obligations of a franchisee who is properly licensed to and actually operating a business at the real property that is the location of the requested alteration.” The applicant is with Best Western, who moved into the building that was formerly La Quinta at 3540 South 2200 West. This site has an existing freeway-oriented pole sign that, according to current standards, is nonconforming because the site is 2.6 acres and City code requires a site of at least 10 acres for a pole sign. Best Western would like to change not only the face of the sign but the shape of the cabinet as well. Hence, they have requested the proposed change. Staff is not supportive of this application for the reasons outlined below:  The City has worked hard over many years to improve the image of the City. This has been accomplished in part through sign code changes and subsequent enforcement of the changes over decades to replace older, nonconforming signs with new conforming signs. Attached to this report are several photos that illustrate this point. The first photo was taken along 3500 South prior to the City’s incorporation and shows the sign clutter that existed at that time. The pictures that follow show examples of nonconforming signs that were replaced with conforming signs because of the ordinance. Applicant: Vijay Dandapani 3540 South 2200 West West Valley City, UT 84119 Discussion: Vijay Dandapani said a grand opening was held in May for the Best Western hotel. Employees were increased from 7 to 30. He said a well-lit pole sign increases business for the hotel. Commissioner Lovato asked why a pole sign is preferable to a monument sign. Vijay Dandapani said older guests who don’t use Google, appreciate a pole sign, as well as truckers who are looking for a place to rest. Business has decreased 13% since an unlit banner was put across the existing La Quinta pole sign. Chair Meaders asked why a monument sign will not bring in as much business. Vijay Dandapani said trees would block the view of a monument sign. Vijay Dandapani disclosed that the existing pole sign will be removed with future development, but he would like to keep it in place until then. Steve Pastorik said more lighting may be added to the sign without triggering a compliance issue. Vijay Dandapani explained that Best Western said the sign is not compliant because of the shape of the cabinet. Vijay said he has already purchased a new cabinet for $42,000, and he hopes to be able to install it. Commissioner Fuller does not feel a pole sign will help here because it is so far from the freeway. Commissioner Porter reasoned the code has been successful in the way it is written, he does not want to add any loopholes. Motion: Commissioner Porter moved to deny ZT-12-2019. The motion was seconded by Commissioner Lovato and unanimously passed. West Valley City Planning Commission August 14, 2019 Page 6 Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Unanimous – ZT-12-2019 – Denied SA-6-2019 UTA-AGC Minor Subdivision Lot 2 Amended 2249 South 1070 West B/RP Zone 1 Lot 1.5 Acres BACKGROUND Terry Wilson, representing the Associated General Contractors, is requesting a plat amendment of lot 2 in the UTA-AGC Minor Subdivision. The property is located in the B/RP Zone and is presently vacant. ISSUES: The UTA-AGC Minor Subdivision was recorded in January 2009. The original subdivision consisted of 2 lots on 6.6 acres. The Associated General Contractors constructed their building shortly thereafter on lot 1. The existing building is used to train and educate contractors, engineers and other professionals in similar fields. Lot 2 was not developed and was subsequently purchased by the Utah Transit Authority for the light rail corridor. The southern portion of lot 2 was absorbed by the actual light rail line. However, the north 1.5 acres was not needed by UTA and was recently sold back to AGC. The Associated General Contractors would like to build a new building. The new building will primarily focus on construction skills training for carpenters, concrete finishers, operators and laborers. The amended plat consists of that portion of lot 2 that was not needed by UTA. While the amended plat does not include all of what was originally platted as lot 2, it does create a new lot that establishes correct property lines, easements etc. STAFF ALTERNATIVES: 1. Approve the amended subdivision plat for the UTA-AGC Minor Subdivision Lot 2 Amended subject to a resolution of staff and agency comments. West Valley City Planning Commission August 14, 2019 Page 7 2. Continue the application to address concerns raised during the Planning Commission hearing. Applicant: Terry Wright, Jacobsen Construction 3131 West 2210 South West Valley City, UT 84119 Motion: Commissioner Lovato moved to approve SA-6-2019. Commissioner Winters seconded and the motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Unanimous – SA-6-2019 – Approved ZCA-4-2019 Godfrey Outside Storage 6173 W. 2100 S. (14-23-126-010 M Zone (13 Acres) The applicant, Godfrey Trucking, is requesting a conditional use amendment for outside storage at 6173 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 would like to utilize 5 acres of this 13 acre parcel for outside storage. The space would be leased to a tenant to store their overflow inventory of office trailers. Since the site will be used infrequently, is not open to the public and is approximately 1200’ from a public right-of-way Staff feels gravel is an appropriate surface for this use. Access to this site is gained from the west side of the office building as outlined in the site plan submitted with this application. This access crosses over several different parcels. Therefore, an easement agreement will need to be recorded. Godfrey Trucking has expanded over the years and will be required to submit an updated site and use plan for Planning Commission review at a future hearing. This will help to establish approvals for the current uses and ensure that the requirements set forth in the City Code are being met (i.e., landscaping, parking, High Image Arterial Streets, etc.) Staff Alternatives: Approval, for outside storage on a gravel surface subject to the resolution of any concerns raised at the public hearing as well as the following: West Valley City Planning Commission August 14, 2019 Page 8 1. Must record an easement agreement for access to this property. 2. The site must be constructed per the approved plan and in accordance with all applicable standards in the West Valley City Municipal Code. 3. Must meet the requirements of all affected departments and agencies. 4. An updated conditional use review must be submitted for the overall Godfrey Trucking site for the November 13, 2019 Planning Commission Hearing. 5. 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 Holiday, UT 84124 Discussion: Norm Dahle, representing Scott Godfrey, said a tentative master plan for the entire parcel has been submitted. The 40 acres have been divided into six sections with definitions for each of their uses. Norm Dahle said the parcel will be brought into compliance with staff recommendations. Motion: Commissioner Woodruff moved to approve ZCA-4-2019, seconded by Commissioner Lovato. The motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Unanimous – ZCA-4-2019 – Approved Approval of Minutes from July 31, 2019 (Regular Meeting) Approved Approval of Minutes from August 7, 2019 (Study Meeting) Approved There being no further business, the meeting adjourned at 4:35 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant