Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES June 10, 2020 The meeting was called to order at 4:00 p.m. by Chair Meaders with an electronic meeting: Zoom at https://zoom.us/j/ 95328405803 WEST VALLEY CITY PLANNING COMMISSION MEMBERS Brent Fuller, Clover Meaders, David McEwen, Martell Winters, Cindy Wood, Mathew Lovato, Darrick Porter and Harold Woodruff ABSENT WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were 2 people in the audience. GPZ-5-2020 Dwell Design Build 1580 W Whitlock Ave. General plan change from rural residential to low density residential and zone change from A to R Dwell Design Build has submitted a General Plan/zone change application for two parcels totaling 3.05 acres located at 1580 W Whitlock Avenue. The property is currently zoned A (agriculture, minimum lot size of ½ acre) with a General Plan designation of Rural Residential (2 or less units/acre). The proposed zone is RS (Residential Sustainability) and the proposed General Plan designation is Low Density Residential (3 to 4 units/acre). As a reminder, the RS zone was adopted earlier this year at the request of the City Council. This zone allows for developments up to 10 acres in size where all homes meet minimum standards outlined in a development agreement for sustainability and design and are allowed on lots that are at least 8,000 sq. ft. For reference, the specific requirements for the RS zone, which are found in Section 7-6-210.5 of the Zoning Ordinance, are attached. Surrounding zones include A to the east, south and a portion of the north; R-1-6 (single unit dwelling residential, minimum lot size 6,000 square feet) to the west and RM (multiple unit dwelling residential) for the remaining north portion. The property is surrounded by single family homes with the exception of the Red Oaks townhomes to the north. Development Proposal The applicant has submitted a concept plan, which is attached, that shows the subject property being subdivided into 11 lots averaging 9,375 square feet. The City will require the half width of both Whitlock and Chatham to be dedicated as both halves have been used as roadways since before the City was incorporated. Also attached are documents from the applicant supporting this application and providing biographical background. Development Agreement A development agreement is required for this project. Section 7-6-210.5 of the Zoning Ordinance states: “No property shall be rezoned to the RS zone without a development agreement that includes the following requirements as minimum standards:…” The ordinance goes on to list the minimum standards for sustainability, which are found in the attached copy of Section 7-6-210.5. In the applicant’s proposed development agreement, he is planning to follow the minimum standards outlined in the RS zone. For interior features, he has offered a list of features that are attached. History of Applications Beginning in 2017, the applicant has made several applications to the City to develop the subject property in a way other than meeting the requirements of the current A zone. Below is a summary of these applications and the results of each. Application #: ZT-6-2017 Request: Allow R-1-4 or R-1-6 zoning for properties between 2 to 4 acres Result: The Planning Commission denied the application on October 11, 2017. Application #: ZT-8-2017 Request: Allow R-1-8, R-1-10 and R-1-12 zoning for properties under 3 acres Result: The Planning Commission recommended approval on December 13, 2017. The City Council denied the application on January 9, 2018. Application #: GPZ-2-2018 Request: Change the General Plan from Rural Residential to Large Lot Residential (2 to 3 units/acre) and change the zoning from A to RE for property at 1580 W Whitlock Ave. Result: The Planning Commission recommended denial on April 25, 2018. The City Council denied the application on May 15, 2018. Application #: ZT-2-2018 Request: Allow a minimum lot size of 7,000 sq. ft. for properties zoned A under certain conditions and to create separate development standards for homes in Chesterfield Result: The Planning Commission denied the application on May 23, 2018. Upon reviewing the Planning Commission and City Council minutes for GPZ-2-2018 which are attached, it seems the previous General Plan/zone change application was denied because the Commission and Council wanted to retain the A zoning. Staff received an email in opposition to this application from Miriam Velazquez, who lives at 2487 S Chatham Street. The email is attached. Staff Alternatives:  Denial. This application should be denied as the General Plan should remain Rural Residential and the zoning should remain A.  Continuance.  Approval. This application should be approved subject to a development agreement that includes the provisions proposed by the applicant. Discussion: Steve Pastorik presented the application. The applicant was not present to comment. Carl Adams, a neighbor to the subject property, addressed the Planning Commission. Mr. Adams asked if the proposed build will include sidewalks. Steve explained the code requires curb, sidewalk, and gutter. Steve stated the Chesterfield area surrounding the subject property, does not currently have sidewalks. He explained that Public Works will need to assess the area to see if the curb, sidewalk, and gutter will fit with the surrounding area. Steve explained that if this proposal does pass, Public Works has an option to put in place a delay agreement between the City and the owner to install the improvements at a future date. Mr. Adams stated his main concern is the decrease in the area for foot traffic. Steve explained this proposal will not reduce pedestrian traffic areas. The question would be if the improvements of curb, sidewalk, and gutter would take place. Mr. Adams inquired about the increase in traffic and how it will impact the area. Steve explained with a project of this size the impact on traffic would be negligible. Miriam Velazquez was the next to speak from the public. She sent in an email opposing this proposal. Mrs. Velazquez asked where the entrance would be to the subject property. Steve referenced the concept plan to show the proposed entrance off Whitlock Ave and Chatham Street. Steve then explained this proposal is focused on changing the zone and if approved, the subdivision plat will come back to the City Council with more detailed information including engineering and street access. Mrs. Velazquez expressed her concern about the increase in traffic. She also stated the proposed development will need to have sidewalks for children walking to school. Mrs. Velazquez asked Steve if this proposal will allow everyone to build more than a single home on their ½ acre property. Steve explained if this rezoning is approved, the subject property is 3 acres and those 3 acres can be subdivided into individual 8,000 sq. ft. lots. Mr. Adams asked if there will be an increase in on-street parking. Steve explained that the code requires each home to have a two-car garage with a driveway in front of it for parking. Commissioner Winters recalled the big question being the proposed home size being much larger than the surrounding homes. He asked Steve if there had been a conversation with City Council about this concern. Steve explained last year the Planning Commission was considering code changes with the Chesterfield Overlay Zone on improvements, that conversation has been put on hold. Steve explained that once the administration gives the okay to staff the code changes will be presented to the City Council. Commissioner Winters stated with the zone limitations this proposal is the best option they have. Commissioner Lovato agreed with Commissioner Winters. Commissioner Woodruff stated the land can be developed with the current zoning; however, the developer is wanting twice as many units. He expressed the need to look 15-20 years down the road and ask if this proposed development will fit in the area. Commissioner Fuller stated the Planning Commission should wait to see what City Council decides with the Chesterfield Overlay Zone before deciding to approve or deny this proposal. Steve recommended to not continue this application indefinitely, however, if the Planning Commission feels the need to continue this application for a few weeks or a month that could be an option. Brandon Hill explained that the developer is entitled to a decision in the timeline set forth by code. He stated that continuing this proposal for some time to gather more information would be an option; however, we should not have an open-ended continuance. Commissioner Winters then asked if the Planning Commission should make a formal decision and see what the City Council does. Commissioner Fuller stated the problem with that idea is not knowing how long it will take for the City Council to decide. He then stated that the owner purchased the subject property thinking that he could develop it the way he wants to. Commissioner Fuller explained that thought is simply not true, and the proposed development needs to fit in with the surrounding area. Commissioner Woodruff explained watching the neighborhood that he grew up in change from smaller homes to larger homes over a time frame of 15-20 years. He then stated this proposal for a bigger home on a larger lot fits better than a larger home on a smaller lot. Motion: Commissioner Woodruff moved for denial of GPZ-5-2020 as the General Plan should remain Rural Residential and the zoning should remain A. Commissioner Fuller seconded the motion. Vote:  Commissioner Fuller Yes Commissioner Lovato No Chair Meaders Yes Commissioner Woodruff Yes Commissioner McEwen No Commissioner Winters Yes Commissioner Wood Yes Majority– GPZ-5-2020– Denied There being no further business, the meeting adjourned at 4:39 p.m. Respectfully submitted, ______________________________ Kirsten Hunt Administrative Assistant