Planning Commission Public Hearing

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES September 25, 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, Cindy Wood, and Harold Woodruff ABSENT Darrick Porter and Martell Winters WEST VALLEY CITY PLANNING DIVISION STAFF Jody Knapp, Steve Lehman, Steve Pastorik, and Brenda Turnblom AUDIENCE There were 5 people in the audience. Application #: ZT-13-2019 Applicant: Bryan Flamm 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 Bryan Flamm with DAI 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 were amended last month to include properties within ½ mile of the West Valley Central light rail station. The latest conditions are: 3600 Constitution Blvd. West Valley City, UT 84119-3720 Phone (801) 966-3600 Fax (801) 963-3559 West Valley City Planning Commission September 25, 2019 Page 2  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. For properties within one- half mile of the West Valley Central light rail station, the Density may exceed 20 units per acre;  The property shall meet any one of the following three requirements 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; ii) be adjacent to existing multifamily residential Development on two sides; or (iii) be located within one-half mile of the West Valley Central light rail station; and  A Development Agreement must be proposed with the zone change application that addresses Dwelling Unit sizes, exterior materials, architecture, Landscaping, and project Amenities. The applicant proposes to change the second condition as outlined in the attached application. In summary, the change would allow ½ mile proximity to the Decker Lake light rail station, which is located on Decker Lake Drive just north of 3100 South, to meet the second condition. The applicant has also submitted a General Plan/zone change application to change the zoning on property within ½ mile of the Decker Lake light rail station to RM. For reference, a copy of the Major Street Plan is included with this report. Also included are two maps – one showing zoning and the other vacant properties within ½ mile of the Decker Lake light rail station. The applicant’s justification for the change is as follows: “DAI would like to provide the citizens of West Valley City the opportunity to live in an upscale environment located in a convenient location that is close to employment, Trax, shopping, sports entertainment, and the important elements of family-living. Ove the past 20 years, we have owned this property with the intention to build 7 office buildings. Since then, Trax was installed down Decker Lake Drive, and Class A office rent rates have not kept up with the costs of construction; isolating this parcel and making it difficult for the intended use of office space. As a result of these changes, it has become a valuable parcel applicable to residential zone, making this area of West Valley City an attractive place for families to live. The current ordinance states: b. 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 Due to the addition of the Trax station located down the center of Decker Lake Drive, the “planned-right-away” does not meet the requirement. With the request of the proposed change text amendment in section (4b), the parcel being located within ½ mile of Decker Lake Trax Station, an RM zoning would be allowed. As economic dynamics have changed in this area, this text ordinance amendment would continue to West Valley City on the map of places for families to call home.” West Valley City Planning Commission September 25, 2019 Page 3 Staff believes the following items should be considered for this application:  Just last month the City Council considered a very similar application where property within ½ mile of all four light rail stations was requested to be eligible for RM zoning. The Council amended to code to only make properties within ½ mile of the West Valley Central light rail station eligible for RM zoning. In other words, essentially the same request that is being made for the subject application was denied last month by the City Council.  On 9/17, the City Council approved a temporary land use regulation or moratorium. This 6- month moratorium includes the following restrictions: o No application may be made to rezone any property within the City to the RM zone. o No application may be made to amend the provisions of Title 7 of the West Valley City Municipal Code pertaining to multifamily housing, including but not limited to applications to change applicable development standards, zoning, and eligibility requirements for RM zoning. The subject application was submitted before the moratorium was filed and can therefore be considered by the Planning Commission and City Council. However, given that the Council just approved the moratorium, voting to approve a change to a section of the City Code that they just said needs further study would seem to indicate that no further study is needed.  On 9/10, the City Council voted to continue to no date certain another zone text change application to amend the same section of code (Section 7-5-101) given the pending moratorium. Staff Alternatives: 1. Denial. This application should be denied for the following reasons: a. Last month the City Council denied a request that would made properties within ½ mile of the Decker Lake light rail station eligible for RM zoning. b. The City Council has made it clear that they want to study the standards surrounding RM zoning. 2. Continuance. This application should be continued for reasons determined during the public hearing. 3. Approval. This application should be approved as the zone changes 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. Discussion: In light of the temporary land use regulation that the City Council recently passed regarding RM zoning, Steve Pastorik said the applicant has asked that ZT-13-219 and GPZ-4- 2019 be tabled until after the moratorium has ended. Motion: Commissioner McEwen to table ZT-13-2019 until after the end of the moratorium. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes West Valley City Planning Commission September 25, 2019 Page 4 Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – ZT-13-2019 – Continued GPZ-4-2019 Bryan Flamm 2882 South Decker Lake Drive General Plan change from commercial/light manufacturing to medium density residential Zone change from M and A to RM 16.05 Acres Bryan Flamm with DAI has submitted a General Plan/zone change application for 11.23 acres of a 16.05 acre parcel located at 2882 South Decker Lake Drive. The proposed General Plan change is from commercial/light manufacturing to medium density residential (12 or more units/acre). The proposed zone change is from M (manufacturing) and A (agriculture, minimum lot size ½ acre) to RM (multiple unit dwelling residential). Surrounding zoning includes A and M to the north, M to the east and south and RM and A to the west. Surrounding uses include Decker Lake and office uses to the north, office uses to the east and south and the E Gate Apartments and the Decker Lake Youth Detention Facility to the west. By way of background, a General Plan change to very high density residential (20 or more units/acre) and a zone change to RM was denied by both the Planning Commission and City Council in 2013. The proposal was a 368-unit apartment development with a density of 23 units/acre. The applicant has also submitted a zone text change application (ZT-13-2019) 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-13-2019 is approved as proposed, the subject property for this application would be eligible to be rezoned to the RM zone because it is within one half mile of the Decker Lake light rail station. If ZT-13-2019 is not approved, the subject property would not be eligible to be rezoned to the RM zone. Development Proposal The applicant has submitted a letter and a development agreement proposal, which are attached to this report, to support this application. Below is a description of these attachments:  Letter from Bryan Flamm with DAI – This letter outlines the applicant’s justification for this request.  Sol Development Agreement o Exhibit B – Conceptual Site Plan: This plan shows a combination of rental townhomes (11.23 acres) and office warehouse (4.82 acres). The proposed rental townhome development includes 134 units in 2 story buildings. Unit sizes range from 2-bedroom units at 1,037 sq. ft. to 3 bedroom units at 1,465 sq. ft. Roughly half of the units have front loaded garages and the other half are alley loaded garages. The proposed density of the rental townhome development is 11.9 units/acre. o Exhibit C – Design and Management Guidelines o Exhibit D – Building Elevations West Valley City Planning Commission September 25, 2019 Page 5 o Exhibit E – Elevation Renderings o Exhibit F – Community Photos o Exhibit G – Floor Plans o Exhibit H – Management Standards Issues Since staff is recommending that application ZT-13-2019, which would make the subject property eligible for RM zoning, be denied, staff is also recommending denial of this application. If the Planning Commission disagrees and recommends approval of ZT-13-2019, staff would suggest continuing this application to allow further review of the proposed development and the associated standards in the proposed development agreement. Staff Alternatives: Denial. This application should be denied because application ZT-13-2019 was denied and the subject property is therefore not eligible to be rezoned to the RM zone. Continuance. This application should be continued to allow additional review time of the development proposal and the associated development agreement. Discussion: In light of the temporary land use regulation that the City Council recently passed regarding RM zoning, Steve Pastorik said the applicant has asked that ZT-13-219 and GPZ-4- 2019 be tabled until after the moratorium has ended. Motion: Commissioner McEwen to table GPZ-4-2019 until after the end of the moratorium. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – GPZ-4-2019 – Continued S-6-2019 Bailey Acres Subdivision – Amending Lot 1 Jonesdale Subdivision No. 7 3600 South 5600 West R-1-8 Zone 6 Lots 1.5 Acres West Valley City Planning Commission September 25, 2019 Page 6 BACKGROUND Mr. Kevin Newman, representing the Bailey family, is requesting preliminary plat approval for the Bailey Acres Subdivision. The subject property is located at 3600 South 5600 West. The subdivision is bordered on the north, south and west by existing residential development. 5600 West is adjacent to the proposed subdivision on the east. The property currently has two existing dwellings that will remain on lots 1 and 6. The subdivision also includes and will expand lot 1 of the Jonesdale No. 7 Subdivision. STAFF/AGENCY CONCERNS: Fire Department: Fire hydrant to be located within 250 feet of future dwellings on the private drive. All other provisions of the Fire Code shall be met as part of the subdivision approval process. Granger Hunter Improvement District: Project will need to run availability for water, sewer and fire protection. Subject to design and review inspections. Utility Agencies: Subject to all standard easement locations. Public Works: Authorization required of ditch/water users for any abandonment, relocation, piping or any other modifications to existing ditches or irrigation structures. Revisions to plat are required. Soils report will be required. A 6-foot solid masonry wall will need to be installed along the east side of lots 4 and 5. Consideration shall be given to sight triangles on properties to the north and south. Developer will need to install stamped colored concrete between the masonry wall and sidewalk adjacent to 5600 West. Building Inspections: A soils report will be required regarding potential groundwater impacts for new dwellings. ISSUES: The developer is proposing to subdivide the existing parcel into 5 lots. Due to the configuration of the property, the owner of lot 1 Jonesdale Subdivision No. 7, has asked that the property owner sell him approximately 4800 square feet increase the size of said lot. The total lot count for the proposed subdivision will be 6 lots. Existing dwellings located on lots 1 and 6 will remain. West Valley City Planning Commission September 25, 2019 Page 7 Although zoned R-1-8, the average lot size has been calculated at approximately 11,720 square feet. Access to the subdivision will be gained from 5600 West (for the existing dwelling on lot 6) and from 5650 West and a private lane for the remainder of the lots. Public improvements exist on both 5600 West and 5650 West. Any existing damage, or damage that may be done to the existing improvements during construction will need to be replaced per the City Engineering Division. The private lane will provide access to lots 4 and 5. A cross easement will be generated by the subdivision plat addressing access, utilities and maintenance responsibilities. The developer will be required to install a 6-foot solid masonry wall along 5600 West. It is anticipated that a post and panel wall will be the choice of wall used here. Between the wall and sidewalk along 5600 West exists a small gap. The developer will be required to install stamped colored concrete here to help reduce maintenance on the outside of the subdivision. As with all new subdivision development, there is a concern with the potential of ground water impacts. The applicant will need to provide a soils report in accordance with City Ordinances. Any evidence of ground water will require that the lowest floor slab be 3 feet above that elevation. The subdivision is located on property zoned R-1-8. Current City ordinances governing housing standards will apply for the new homes on lots 2, 4 and 5. STAFF ALTERNATIVES: A. Approve the Bailey Acres Subdivision subject to the following conditions: 1. That compliance be made with Granger Hunter Improvement District regarding water line extensions, sewer connections and fire protection. 2. That the subdivision name be approved by Salt Lake County. 3. That the developer provides a soils report prior to City Council review. 4. That a 6-foot solid masonry wall be installed along the east boundary of the subdivision. The design for the wall shall be reviewed by staff with the specifications for said wall being approved by the City Engineering Division. 5. That the small gap between the masonry wall and sidewalk along 5600 West be finished with stamped colored concrete as specified on the plan set approved by the City Engineering Division. 6. That any existing damage, or damage that may occur during construction to existing improvements along 5650 West and 5600 West be repaired or replaced per the City Engineering Division. B. Continuation to address issues raised during the public hearing. Applicant: Kevin Newman 7576 West 3860 South West Valley City Planning Commission September 25, 2019 Page 8 Magna, UT 84044 Discussion: Kevin Newman said a soils report has not yet been done on the property. He said that when a deep hole is dug on the property, hard pan will be hit before water is found. Motion: Commissioner Fuller moved to approve S-6-2019 subject to the six items listed in the staff report. Commissioner McEwen seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – S-6-2019 – Approved C-15-19 Highland Golf Expansion 1331 West 3300 South M Zone (2.14 Acres) The applicant, Ward Engineering representing Highland Golf, is requesting a conditional use for expansion of a golf cart facility at 1331 West 3300 South. This property is zoned M, Manufacturing. The West Valley City General Plan designates this area as General Commercial. The surrounding zone is C-2 to the north and east and M to the west and south. The surrounding uses include Jones Heating to the north, Questar Gas and GHID facilities to the east and south, Karl Malone Motor Sports (Plaza Cycle) to the west. This property is also located within the Jordan River Overlay Zone (JROZ). The use is considered “Motorized Outdoor Recreation Equipment” and is currently prohibited in that overlay zone. However, per 7-14-203, existing businesses may continue and can expand with approval by the Planning Commission. Highland Golf currently occupies the building at 1331 West and uses the space for repair and warehousing. Their show room is next door at Karl Malone Motor Sports at 1379 West. They wish to consolidate their business to one location so they have purchased the building at 1333 West with plans to demolish that existing building and build an addition to the current warehouse to expand their operations at this single location 1331 West 3300 South. The site has frontage on 3500 South, which is a High Image Arterial, so the requirements set forth in 7- 10 will be completed as part of this project. That includes a 15’ landscaped berm, a 10’ sidewalk and a 5’ strip of additional landscaping and street lighting. The site will also be required to have a minimum of 5% landscaping. The plan currently shows approximately 10%. The applicant will be required to contact West Valley City Planning Commission September 25, 2019 Page 9 UDOT to discuss the existing access points so once that is finalized then they will prepare the final civil and landscape plans for review. The building addition will be required to meet the Commercial Design Standards which includes masonry construction. The parking and maneuvering areas for customers and employees will be hard surfaced. The back yard area will be surfaced with gravel and is not open to the public. Any unimproved areas shall be maintained free of weeds. There is currently a multi-tenant pole sign on the property for Highland Golf and Plaza Cycle. The applicant intends to keep the sign on site. Staff will evaluate any future sign designs and the location of the required streetscape improvements and work with the property owner to coordinate connections to adjacent properties. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The existing business, Highland Golf, may expand per the approved plans. 2. The new building addition is subject to the commercial design standards and the existing building must be maintained. 3. An updated landscaping plan must be submitted with a minimum of 5% of landscaping on site. This includes the 3500 South streetscape improvements set forth in 7-10. 4. The site must be constructed per the approved plans and all customer and employee parking and maneuvering areas must be hard surfaced. 5. The back yard area may be surfaced with gravel and must be maintained free of weeds. There shall be no storage or use on unimproved dirt areas. 6. All fencing shall be maintained and only approved fencing materials shall be used. 7. Signage shall meet the standards set forth in Title 11 of the WVC Municipal Code. 8. Any dumpsters provided on site must meet the requirements set forth in 7-2-118. 9. Must meet the requirements of all affected departments and agencies. 10. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Applicant: Claude Hicken 1331 West 3300 South West Valley City Planning Commission September 25, 2019 Page 10 Sal Lake City, UT 84119 Discussion: Claude Hicken said the new building will be an asset to the community and he intends to meet City requirements. He said he has had a positive relationship with the City. Motion: Commissioner Lovato moved to approve C-15-2019 subject to the ten conditions listed in the staff report. Commissioner McEwen seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Commissioner Meaders Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimous – C-15-2019 – Approved Approval of Minutes from September 11, 2019 (Regular Meeting) Continued Approval of Minutes from September 18, 2019 (Study Meeting) Approved There being no further business, the meeting adjourned at 4:12 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant