Planning Commission Public Hearing

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES August 28, 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 Pastorik, Ricardo Ramos, and Brenda Turnblom WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were two 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 28, 2019 Page 2 C-13-2019 Utah Tank and Trailer Overflow Lot 2303 South 5370 West (Warner Lot 6) M Zone (5 Acres) The applicant, James Warner, is requesting conditional use approval for truck and trailer parking, storage and display at 2303 South 5370 West. The zoning for this area is M, manufacturing. The West Valley City General Plan designates this area as light manufacturing. The surrounding zone is manufacturing on all sides. The surrounding uses include office/warehouse and other light industrial or freight/trucking uses. This site was originally approved for an office/shop building and truck parking in 1997 (PR-23-97). A majority of the lot was paved and the frontage was landscaped but the building was never constructed. Since that time a variety of uses have occupied the site but we do not have any records of a licensed business at this location so any prior approvals have since expired. At this time, Mr. Warner is proposing to complete the improvements on the property which will then be used by Utah Tank and Trailer. They sell new and used Petroleum Tanks, Pneumatic Trailers, Trucks and Side Dumps and also do repair services and sell parts. All trucks and trailers will be parked on hard surfacing with the proper lighting per 7-9 of the WVC Municipal Code. Utah Tank and Trailer occupies the building just north of this lot so an additional building will not be constructed and the lot will be for storage, parking and display only. The overall minimum required landscaping for the site is 5%. Landscaping has been provided along the frontage of this property and must meet the 5% minimum requirement. All areas that are considered landscaping must have a minimum 50% live plant material and trees planted at a ratio of one tree for every 300 square feet of required landscaping. There will be no signage as part of this application. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following conditions: 1. The property shall be used for truck and trailer parking, storage and display only and all trucks and trailers must be parked on hard surfacing with the appropriate lighting for the intended use. 2. The overall minimum required landscaping for the site is 5%. All areas considered landscaping shall include a minimum of 50% live plant material and trees planted at a ratio of one tree for every 300 square feet of required landscaping. 3. All requirements of affected departments and agencies must be met, including but not limited to WVC Public Works. 4. This use is subject to review upon a valid complaint. West Valley City Planning Commission August 28, 2019 Page 3 Continuance, to allow for the resolutions of any issues raised at the public hearing and to allow time for the applicant to submit more detailed information on the project. Applicant: Bart Warner 2255 South 5370 West West Valley City, UT 84120 Discussion: Bart Warner said he sold this property to Gordan Trucking 20 years ago, however, they did not maintain the asphalt or landscaping. Gordon Trucking sold the property to Heartland Express, and Bart Warner recently purchased the property back. Motion: Commissioner McEwen moved to approve C-13-2019, subject to the four conditions listed in the staff report. Commissioner Lovato seconded, and the motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – C-13-2019 – Approved CA-5-2019 Indoor Swap Meet 1500 West 3500 South C2 Zone (5.8 Acres) The following application is a review of the original conditions of approval for the Indoor Swap Meet at 1500 West 3500 South. This property is zoned C-2, General Commercial and the West Valley City General Plan designates this area as Mixed Use. The surrounding zone to the north is R-4 (Four Unit Dwelling Residential), to the east the zone is RB (Residential Business), to the west C-2 (General Commercial) and to the south C-3 (Transitional Commercial). This property was developed in 1965 under Salt Lake County’s jurisdiction as a Bobco’s Grocery Store. The property to the north was zoned residential but was not developed until 1985-1991. We do not have any record of the original approval but based off the site and timing of the developments it is believed that standards that are in the Code today like landscaping and a masonry wall were not originally required. In 2002, the property owner, Kevin Wells approached the City with an application for an Indoor Swap Meet (C-33-02). The Code in place at that time did not have specific triggers for bringing older sites in to compliance with the current City Code. A masonry wall was required when new commercial uses were constructed adjacent to residential uses but this was an existing site. Therefore, during the public hearing there was discussion about the condition of the existing fence on the property that separated the West Valley City Planning Commission August 28, 2019 Page 4 commercial use and the neighboring residential uses to the north. The Commission reviewed the current condition of the fence and determined that if properly maintained a wood fence would be an adequate barrier between those uses and did not require a masonry wall to be constructed. The same use has remained at this location since that approval 17 years ago and it has been very successful. However, the site since that time has deteriorate and the condition of that wood fence is now very poor. Portions of the fence are missing and it is covered in graffiti and weeds. The calls for Police service in this area are also very high as indicated in the attached report and are a concern to the City. Section 7-8-103(2) states that “Conditional use permits are granted subject to review by the Planning Commission. The Planning Commission or City staff may initiate a review of a conditional use permit to determine whether the conditions of approval are being met and/or effectively mitigating reasonably anticipated detrimental effects of the proposed Use. Any such review shall include a public hearing with notice given to the property owner and others as required by state law. Following such review, the Planning Commission may impose additional conditions to mitigate the reasonably anticipated detrimental effects of the proposed Use and shall establish a reasonable timeline for compliance with such conditions.” Staff has met with Mr. Wells to discuss the concerns with the area and it has been determined that the original conditions of approval should be re-evaluated and that the original wood fence is not an adequate barrier to the adjacent residential uses and a masonry wall would be appropriate at this location at this time. A masonry wall is a current requirement in similar situations based off the need to create a solid and durable barrier that provides separation from uses that are not compatible and helps to alleviate noise, visual/aesthetic concerns, sound and provides safety. Also, the Code has since been updated to help with similar situations as this and states in section 7-6-303(5)(d) that “where a six-foot concrete or masonry wall and landscape buffer does not exist on a developed, nonresidential Lot bordering an Agricultural Zone, Residential Zone, or residential Use, the wall shall be installed upon the issuance of a new Conditional Use Permit on the developed, nonresidential Lot”. Mr. Wells has provided details on the pre-cast concrete wall he proposes to install. The masonry wall will be installed along the entire northern boundary of the developed portion of the site to replace the existing wooden fence. The wooden fence along the undeveloped lot to the west of the Indoor Swap Meet will remain but will be maintained and the lot will be maintained free of weeds. Mr. Wells will also be reviewing the security on site and installing additional lighting behind the building as well as repairing the existing parking lot lighting that has been damaged. The area between the wall and the pavement is in need of maintenance as well and will either be paved over or surfaced with mulch (gravel or woodchips) and maintained free of weeds. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The original conditions from C-33-2002 shall be amended and a 6’ masonry wall is required along the entire northern property line of the developed portion of the site to replace the existing wooden fence that is in disrepair. 2. The area between the masonry wall and the existing asphalt shall be improved by either additional asphalt or mulch (gravel or woodchips) and be maintained free of weeds. West Valley City Planning Commission August 28, 2019 Page 5 3. Lighting on the site shall be maintained and installed to provide additional security however, it shall not negatively impact the adjacent residential uses and shall comply with the lighting standards set forth in section7-9 of the WVC Municipal Code. 4. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Kevin Wells 11787 Casper Road Sandy, UT 84092 Discussion: Kevin Wells said that putting in a masonry wall felt like a difficulty at first, but he is now excited about making improvements to his property. He is concerned that residents will be angry when the wall is put up and they can no longer cut through the property to get to the Lucky grocery store. Kevin Wells said he has seen a lot of transients going through his property. He wants to send notices to surrounding neighbors to let them know why improvements are being made in the hope that they will call the police when someone tries to take down or damage the wall. He feels the notices will have more weight if delivered by the City, not by him. Jody Knapp said she will discuss this with Kevin Wells after the meeting. Kevin Wells said he has also considered replacing the wood fence along the undeveloped lot and doing a masonry wall to the Sizzler property because he foresees the existing wood fence being torn down on a regular basis. Chair Meaders asked Jody Knapp if the surrounding neighbors were notified of this application. Jody Knapp answered yes, however, the notices go to the property owners and many residents are renters. Chair Meaders asked Kevin Wells if he has any problems with the staff conditions. Kevin Wells answered no. Motion: Commissioner Lovato moved to approve CA-5-2019 subject to the four conditions listed in the staff report. 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 – CA-5-2019 – Approved Approval of Minutes from August 14, 2019 (Regular Meeting) Approved Approval of Minutes from August 21, 2019 (Study Meeting) Approved West Valley City Planning Commission August 28, 2019 Page 6 There being no further business, the meeting adjourned at 4:15 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant