Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES July 22, 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 Darrick Porter WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Steve Lehman, Jody Knapp and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were 3 people in the audience. ZT-5-2020 Bruce Smith and Fred Cox A zone text change to Sections 7-6-302 and 7-6-305 to allow the minimum zoning district size for the C-2 (General Commercial) zone to be less than 5 acres. Bruce Smith and Fred Cox are proposing an ordinance amendment to change to Sections 7-6-302 and 7-6-305 to allow the minimum zoning district size for the C-2 (General Commercial) zone to be less than 5 acres. The C-2 zone currently includes a minimum district size of 5 acres. An individual parcel within the C-2 zone can be as small as 20,000 sq. ft.; however, the property must be adjacent to other C-2 zoned parcels that together total 5 acres. The specific changes proposed by the applicant are attached. The justification provided by the applicant for this change is: “C-2 Properties allow medical offices such as a Dentist Office. A property almost across the street was recently rezoned C-2 for that very reason.” Staff is supportive of the applicant’s intent; however, we believe the wording is so restrictive that it would likely only apply in the case of application Z-5-2020. Staff suggests the following language that the applicant also agrees with: “Property zoned M may be included with property zoned C-2 to meet the minimum district size for the C-2 zone.” Staff is supportive of this change for the following reasons:  The M zone allows many of the same uses allowed in the C-2 zone.  The minimum district size seems to be geared toward preventing spot zoning where a relatively small property is zoned different from everything else around it. Maintaining a 5-acre district size next to residential seems more important than trying to maintain a 5- acre district size next to M zoning where commercial uses are allowed. Staff Alternatives: 1. Approval. The ordinance change should be approved as proposed by staff. 2. Continuance. 3. Denial. Discussion: Steve Pastorik presented the application. Commissioner Winters asked if the applicant was okay with staff’s recommended change. Steve replied yes. Fred Cox, representing the applicant, explained how Neil, a dentist purchased the subject property. He explained the applicant wanting the possibility to add a Dental Office to the subject location. Fred also stated another C-2 zone southwest of this property that is also surrounded by the M zone. He explained the C-2 zone and M zone have been working together in many areas. Motion: Commissioner Winters motioned to approve ZT-4-2020 with the ordinance change being approved as proposed by staff. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Woodruff Yes Commissioner McEwen Yes Commissioner Wood Yes Commissioner Winters Yes Unanimous– ZT-4-2020– Approved Z-5-2020 Bruce Smith and Fred Cox 5571 West 2455 South Zone change from M to C-2 1.0 acre Bruce Smith and Fred Cox have requested a zone change on a 1.0-acre parcel at 5571 West 2455 South from M (manufacturing) to C-2 (general commercial). Surrounding zones include M to the north, east and south and LI (light industrial) to the west. Surrounding uses include Pride Trucking to the south and east, a convenience store to the north and a UDOT maintenance facility under construction to the west. The subject property is vacant and is designated as light manufacturing in the West Valley City General Plan. Included with this report is a concept plan from the applicant showing a proposed 13,250 sq. ft. commercial building. According to the applicant, the proposed uses for the building are retail, professional office and medical office. Retail and professional office are allowed in the M zone; however, medical office is not allowed. This is why the owner is seeking C-2 zoning. Back in 2018, the City Council approved a similar zone change request from M to C-2 for the property located north of Winco at 2524 South 5600 West where the owner was also wanting medical office. The C-2 zone includes a minimum district size of 5 acres. An individual parcel within the C-2 zone can be as small as 20,000 sq. ft.; however, the property must be adjacent to other C-2 zoned parcels that together total 5 acres. If approved, application ZT-4-2020 would allow M zoned property to be included to meet the minimum C-2 district size. If application ZT-4-2020 is not approved, this application must be denied because the minimum C-2 zone district size would not be met. Staff Alternatives:  Approval.  Continuance.   Denial. Discussion: Steve Pastorik presented the application. Fred Cox, an architect representing the owner and applicant, stated the applicant wants to add a medical office to the subject location, and the zone change to C-2 would allow for this addition. Motion: Commissioner Winters motioned to approve Z-5-2020 Commissioner McEwen seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Woodruff Yes Commissioner McEwen Yes Commissioner Wood Yes Commissioner Winters Yes Unanimous– Z-5-2020– Approved SMI-5-2020 Panda Express VFM Subdivision 3713 South Constitution Boulevard C-2 Zone 1 Lot 1 Acre BACKGROUND Ted Didas, representing the Valley Fair Mall, is requesting minor subdivision approval for a one lot commercial subdivision in the C-2 Zone. The subject property is located just east of the In-N- Out Burger at approximately 3713 South Constitution Boulevard. ISSUES: The subdivision is being proposed to create an additional lot within the Valley Fair Mall development. The new lot will be located east of the In-N-Out Burger and directly north of Planet Fitness. The proposed lot will be used for a new restaurant Panda Express. The proposed lot will be approximately 1 acre in size. Access will be gained from multiple points including the internal road system for the mall property. As mentioned during the study session, staff reviewed a very conceptual layout of the proposed site plan. In general, staff has concerns with multiple access points and their locations within the site, especially, the access at the existing 3-way intersection at the southeast corner of the subdivision. However, these issues will be dealt with during the permitted use application which will be reviewed by staff and Engineering Division. Because this application is a commercial subdivision, the purpose of which is to create the lot, staff and agency comments are better addressed through the permitted use process. This application is simply to divide the parcel into a developable lot. STAFF ALTERNATIVES: Approve the Panda Express VFM Subdivision subject to a resolution of staff and agency comments. Continue the application to address concerns raised during the Planning Commission hearing. Discussion: Steve Lehman presented the application. Steve explained that this proposal is for a subdivision. He noted that some of the issues with this proposal would not need to be resolved in this meeting. He stated a thorough site plan review would be done and addressed later. Commissioner Woodruff mentioned a prior issue with Granger Hunter about the water and sewer lines. Steve has not had any complaints from Granger Hunter for this application. Steve stated Granger Hunter’s management has changed, they seem to be more relaxed about private water and sewer lines. Steve mentioned that Ted Didas is on the call and could address this further. Ted Didas, representing the Valley Fair Mall, stated that Steve presented this application well. He restated the intent of this proposal is for the mall to create a separate parcel that they intend to sell. Ted then addressed Commissioner Woodruff’s previous comment. He explained in 2008 the mall and Granger Hunter entered into an agreement where the mall would be responsible for ownership for all the water and sewer main lines. Therefore, the mall must provide utilities to the subject property. Commissioner Winters mentioned to Ted that the Planning Commission has concerns about the traffic in this location. He explained that the traffic around the subject location is already a challenge, and the addition of the proposed restaurant would add even more traffic. Ted said that Steve Lehman has passed on this traffic concern, and he has informed the site plan engineer of this concern and the need to address the traffic in the area. Ted stated the mall does have a master plan. Motion: Commissioner Lovato motioned to approve SMI-5-2020, the Panda Express VFM Subdivision subject to a resolution of staff and agency comments. Commissioner Fuller seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Woodruff Yes Commissioner McEwen Yes Commissioner Wood Yes Commissioner Winters Yes Unanimous– SMI-5-2020– Approved GP-2-2020 West Valley City Active Transportation Plan One of the goals set forth in the West Valley City General Plan is to develop a safe and effective network of trails, bike paths and walking routes in West Valley City. To accomplish this, West Valley City applied for a Transportation and Land Use Connection Grant (TLC) through the Wasatch Front Regional Council (WFRC). West Valley City was awarded $75,000 with a City match of $25,000. The City then partnered with a consulting team from Fehr & Peers to develop the following plan. The Active Transportation Plan (ATP) will serve as a guide for the implementation of an improved bicycle and pedestrian network throughout the City. The goal of this project was to improve the existing infrastructure and facilitate how to strategically add new infrastructure as time and budget allows. As it currently stands, the City has a basic bicycle and pedestrian network in place, but lacks connectivity combined with a high level of access and ease of use. To accomplish this goal and create the process involved in creating this plan, a steering committee was established. The TLC program is a partnership between WFRC, Salt Lake County (SLCo), Utah Department of Transportation (UDOT) and Utah Transit Authority (UTA) so staff members from these organizations along with the City were the foundation of the committee. The steering committee then established the following three legacy goals for the plan which were the guiding principles throughout the process:  Enhance the safety of active transportation users   Foster increased active transportation usage throughout the City for all user groups  Increase total lane miles of bike lanes and sidewalks. The next phase was data collection. This included reviewing the following:  Existing plans, policies and programs for West Valley City along with the WFRC Regional Transportation Plan and the SLCo Active Transportation Implementation Plan.  The presence of existing infrastructure and use, transit routes and important destinations like schools and parks along with usage of those facilities.  Smartphone data on cycling and walking activity from Strava  A three-year history of collisions within West Valley City, including all modes but focusing on bicycle and pedestrian collisions (especially those resulting in fatalities or serious injuries)  Public outreach which included three pop-up events (at Dia De Los Muertos, at the WVC Family Recreation Center, and at the Gearld Wright School Literacy Month Event), and a period of online engagement. The map of potential projects went out through six different newsletters and list serves and received over 100 comments. This information was then all compiled together and evaluated based on the steering committee’s guiding principles. It was then classified in to three different project tiers to determine the recommended improvements and projects for the ATP. Design guidelines were also included to help establish standards for the various types of recommended facilities as well as a robust implementation and funding source plan. As outlined above staff recommends that the attached ATP be adopted as part of the West Valley City General Plan to help guide our efforts and prioritize improvements as funding sources become available and projects are implemented. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing. Continuance, to allow for the resolutions of any issues raised at the public hearing. Discussion: Jody Knapp presented this application. Commissioner Winters stated that Commissioner McEwen had some excellent points; one is overlay points within the walking and biking routes. Commissioner Woodruff feels that this plan appears to be balanced. The ACT plan looks at the pedestrian, transit, and bike routes. He pointed out that the plan can be tweaked if needed. Commissioner Woodruff has spent many years biking and feels that completion of the bike routs will increase its use. Commissioner Winters agreed with Commissioner Woodruff. Commissioner Lovato stated this plan is a great place to start. Motion: Commissioner Woodruff motioned to approve GP-2-2020, subject to the resolution of any concerns raised at the public hearing.  Commissioner Winters seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner Winters Yes Unanimous– GP-2-2020– Approved PLANNING COMMISSION BUSINESS Approval of Minutes from June 17, 2020 Study Meeting Approval of Minutes from June 24, 2020 Regular Meeting Commissioner Lovato motioned for approval of the June 17, 2020 and June 24, 2020 meeting minutes. Commissioner Woodruff seconded the motion. There being no further business, the meeting adjourned at 4:32 p.m. Respectfully submitted, ______________________________ Kirsten Hunt Administrative Assistant