Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES August 12, 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 7 people in the audience. GPZ-3-2020 Joe Salisbury 2892 S Decker Lake Dr. General plan change from commercial/light manufacturing to high density residential and zone change from A and M to RM 16.05 acres Discussion: The applicant requested to continue this proposal to no date certain. Motion: Commissioner McEwen motioned for GPZ-3-2020 to be continued to no certain date. Commissioner Winters 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 Unanimously – GPZ -3-2020– Approved Z-6-2020 DR Horton 4600 South 5600 West Zone Change from A to RM, R-1-10 and C-2 11 acres David Lewis with DR Horton has submitted a zone change application for an 11 acre property at 4600 South 5600 West. The property is currently zoned A (agriculture, minimum lot size ½ acre). The proposed zoning is a combination of RM (multiple unit dwelling residential), R-1-10 (single unit dwelling residential, minimum lot size 10,000 square feet) and C-2 (general commercial). The property is designated low density residential (3 to 4 units/acre) for the west portion of the property and mixed use for the east portion of the property. According to the General Plan document, the mixed use designation at this location includes general commercial and medium density residential (7 to 12 units/acre). Surrounding zones include M (manufacturing) to the south and east and R-1-7 (single unit dwelling residential, minimum lot size 7,000 square feet) to the north. Surrounding land uses include a Dominion Energy utility installation, Union Pacific railway and vacant land south of the railway to the south; commercial uses including self-storage, an orthodontics office, fast food restaurant and an auto service business to the east and single unit dwellings to the north. The subject property is vacant. The applicant’s concept plan includes a 98-unit, 2 story townhome development on 8.2 acres, a 4-lot subdivision for single unit dwellings on 1.7 acres and a 1.1 acre commercial pad in the southeast corner. The density of the townhome portion of the project is 12 units/acre. For parking, the townhome portion shows 4 stalls/unit (2-car garage plus 2 spaces in the driveway) plus 16 visitor spaces. The attached concept plan and development agreement proposal from the applicant provide details on the proposed project. Also included are elevations and a rendering of the proposed townhomes. More  details about the proposal are covered below under the development agreement discussion. Where this application involves three different zones, this report includes a section for each of the three zones requested. Included with this report are several emails from residents of the neighborhood to the north. At the time this report was completed, staff had received eight emails that were in opposition to this application and one that was in favor. Also included with this report is a summary of the resident comments along with brief staff responses in red. RM Zone According to the City’s zoning ordinance, zone changes to the RM zone can only be considered by the City if the following four conditions are met: 1. For properties without existing Structures which are proposed to be developed, the property must be a minimum of one acre and the Density must not exceed 12 units per acre. For properties with existing Structures proposed to be redeveloped, the property must be a minimum of 20,000 square feet and the Density must not exceed 20 units per acre. For properties that are west of Redwood Road and within one-half mile of the West Valley Central light rail station, the Decker Lake light rail station or the Redwood Junction light rail station, the Density may exceed 20 units per acre; 2. 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 feet (for properties under two acres) or 100 feet (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 west of Redwood Road and within one-half mile of the West Valley Central light rail station, the Decker Lake light rail station, or the Redwood Junction light rail station; 3. A Development Agreement must be proposed with the zone change application that addresses Dwelling Unit sizes, exterior materials, architecture, Landscaping, and project Amenities; and 4. A traffic impact study prepared by a registered traffic engineer is required for projects with 100 or more Dwelling Units. This application meets the first condition in that the property is over one acre and has a proposed density at 12 units/acre. For the second condition, the subject property has access and frontage on 5600 West, which has a planned right-of-way width of 106’. On the third condition, the applicant’s development agreement standards are addressed later in this report. The fourth condition does not apply because project is under 100 units. As the Commission evaluates this application, the appropriateness of the uses and the quality of the proposal are primary considerations. The points below may help the Commission when considering the appropriateness of the uses:  The one stub street to the north will be terminated in a cul-de-sac for the new single unit dwellings. All of the townhomes will have direct access to 5600 West without going through the neighborhood to the north.  This section of 5600 W is a five-lane arterial street that is serviced by UTA bus routes 47 and F556. An express bus route is planned on 5600 West by 2030 from the Old Bingham Highway Light Rail Station to the Salt Lake International Center, then to the Salt Lake International Airport and finally to downtown Salt Lake City. This project is replacing the bus rapid transit project that was previously planned between 2700 S and 6200 S.  Average annual daily traffic (AADT) for this section of 5600 West for 2017 was 28,000. A five lane arterial can handle a traffic volume of 26,500 at a level of service (LOS) C and 30,500 at an LOS D. Traffic along 5600 West is actually projected by Wasatch Front Regional Council (WFRC) to decrease in the future as the Mountain View Corridor draws commuters off of 5600 West. WFRC’s AADT projections for this segment of 5600 West are 24,000 for 2030, 20,500 for 2040 and 22,500 for 2050. According to the Institute of Transportation Engineers, townhomes generate 5.81 trips per day.  The main comment expressed by residents to the north is that the property should be developed as single unit dwellings and not townhomes. As pointed out earlier, the General Plan does calls for medium density residential and commercial. This designation is consistent with other major intersections along 5600 West including 2700 South, 3500 South, 5400 South and 6200 South. If the Commission believes that townhomes are appropriate here, the quality of the townhome proposal should then be considered. Dwelling Unit Sizes All of the proposed townhomes are 3-bedroom units. The minimum area set forth in the City’s ordinance for a 3-bedroom townhome is 1,400 sq. ft. According to the applicant, all units will meet the minimum area. For comparison, other recently approved townhome developments like Erin Hills (3627 S 560 W) and Cobalt Landing (3579 S Redwood Rd.) have larger minimum areas ranging from about 1,600 sq. ft. to over 2,000 sq. ft. depending upon the type of unit. Cobalt Landing also included basements. Exterior Materials As seen in the townhome elevations and rendering, the proposed exterior materials are stone, fiber cement siding and stucco which are allowed materials in the City’s ordinance. Architecture The architecture will be subject to the City’s multi-unit residential design standards. Assuming this application is approved, a comprehensive review of the building plans will verify compliance with the design standards. Based on a preliminary review of the elevations and rendering, staff noticed the following:  The City’s design standards for multi-unit residential require architectural variation between buildings for projects with more than four buildings. As  proposed, the only variation in buildings is the number of units in a building (4, 5 and 6-unit buildings) and colors. Other recent projects, like Erin Hills, Cobalt Landing and the Villages at Westridge (5610 W 5400 S) had more substantial variation.  Additional window treatments will be needed on the rear or alley side elevation.  The minimum roof pitch for pitched roofs is 6:12. This will need to be verified on the construction drawings.  The code requires a patio or balcony with a minimum area of 60 sq. ft. This will also need to be verified on the construction drawings.  The street facing side façades will be very prominent in this development. While these façades are better than those on the opposing side, they are still fairly plain. Staff recommends adding features like larger windows, more windows, vertical fiber cement siding in the gable, roof articulation and/or another pop-out or some other form of relief. Landscaping/Open Space The proposed open space amount (53%) is above the required 50% specified for planned unit developments (PUDs). Project Amenities The City’s multi-unit residential design standards require projects with 76 to 99 units to include at least three amenities from a list included in the ordinance. The following amenities are ones proposed by the applicant that count toward the three required: tot lot, courtyards, walking/exercise trail and outdoor fire pit/fireplace. In addition to the architectural concerns raised above, staff is also concerned about the proposed concept site plan and fencing. While site plan issues are usually addressed during the subdivision review process, the final layout will impact decisions about fencing and architecture so staff is raising them now. Having townhome units face 5600 West as shown on the applicant’s concept plan would, in staff’s opinion, look better than a wall and some landscaping. However, 5600 West is a 5-lane, busy and noisy street. Other recent townhome developments along 5600 West and 2700 West (also 5-lanes) installed or will be installing a wall and some landscaping along the street and then have the sides of the townhomes to the street. A townhome owner of a unit facing 5600 West may prefer the privacy and noise attenuation of a wall. For this reason, the second staff alternative for approval below mentions a 6’ masonry wall along 5600 West. The second concept from the applicant shows how this could be accomplished. The first concept plan also shows a building along the west side of the townhome property where the garage side of the building is fully exposed, meaning there is no  building on the opposite side of the street. Either the back of this building would need to be enhanced significantly or the layout changed so that it is no longer exposed. The second concept plan from the applicant includes the same number of units but in a different configuration. As a minimum, the ordinance requires a 6’ chain link fence along railroad rights-of-way. To create more privacy and durability, a 6’ masonry wall could be considered as an enhancement in the development agreement. If the Planning Commission supports this application, the following development agreement provisions are recommended based on the applicant’s proposal as well as suggestions from staff:  The maximum number of units shall be 98. The development shall be platted such that each townhome unit is located on its own lot.  The minimum size for all units shall be 1,400 finished square feet above grade excluding the garage.  Exterior materials shall be fiber cement siding, stucco and stone.  All townhomes shall be built substantially like the renderings provided by the applicant with the exception noted below. All requirements in Chapter 7-11 Part 4 of the Zoning Ordinance (multi-unit residential design standards) shall be met. This means that the proposed townhomes may need to be revised as part of the subdivision approval process to meet the ordinance standards. The street side elevations shall be modified to include at least two of the following treatments: larger windows, more windows, fiber cement siding in the gable, roof articulation and another pop-out or some other form of relief.  At least four different exterior color schemes per building shall be used to provide variation between buildings throughout the community. To provide additional variety between buildings, an alternative set of elevations shall be developed and built for the front and street facing façades. The details of the alternative set of elevations shall be determined during the subdivision review process.  All townhomes shall have a 2-car garage.  Project amenities shall include a tot lot, courtyards, a firepit and a walking/exercise trail.  An entry feature shall be included at the entrance. The details of the entry feature shall be determined during the subdivision review process.  All units shall include a driveway with a minimum depth of 18’.  A 6’ tall vinyl fence shall be installed on the north property line. A 3-rail fence shall be installed along the residential frontage of 5600 West. A chain-link fence shall be installed along the railroad.  Upon completion of all of the on-site improvements, the developer shall provide a letter to the City from an independent engineering firm which certifies that all of the on-site improvements are completed as shown on the plans approved by the City. For the purposes of this provision, on-site improvements shall include landscaping, irrigation,  private streets, sidewalks, parking, lighting, entrance features, fencing, playground equipment, firepit and any other outdoor recreational amenity.  All new homes built on the four lots on the R-1-10 zoned property shall meet the requirements in Part 2 of Chapter 7-11 of the West Valley City Zoning Ordinance. One concern expressed from a neighbor in a phone call to staff was that the proposed townhomes do not have basements. This limits storage space and leaves no room for additional living space. Some townhome projects within the City have basements while others do not. All of the homes along the south side of 4535 South to the north have basements. According to County Assessor data, the average area of these homes is 1,771 square feet including the basements (finished or unfinished). R-1-10 Zone The ordinance allows properties under two acres to be rezoned to the R-1-10 zone. As seen in the concept plan, the proposed R-1-10 zone area is 1.7 acres. Given the existing stub street and R-1-7 zoning to the north and the General Plan designation of low density residential, staff supports the R-1-10 zoning as proposed. C-2 Zone 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. The Planning Commission recently approved an ordinance change (ZT-4-2020) that would allow property zoned M (Manufacturing) to count toward the minimum C-2 district size. At the time this report was prepared, the Council had not yet considered this ordinance change. If the Council approves the ordinance change, the proposed C-2 zoning for this application would be eligible to be rezoned. The area proposed for C-2 zoning is the closest to the signalized intersection at 4700 South. It is also across the street from storage units and commercial uses like a fast food establishment, orthodontist office and auto repair. As pointed out earlier, the General Plan also calls for general commercial uses. Two other approved townhome developments in the City, the Villages at Westridge and Erin Hills also included a commercial component. For these reasons, staff is supportive of the proposed C-2 zoning. Staff Alternatives: 1. Approval. This zone change should be approved subject to a development agreement that includes the standards outlined in the staff report.  2. Approval. This zone change should be approved subject to a development agreement that includes the standards outlined in the staff report with the following changes: a. A 6’ masonry wall shall be installed along the railroad and along 5600 West. The wall pattern and colors shall match what the City has installed along 2700 West between 3650 South and 4100 South. b. A landscaped space of at least 5’ shall be installed between the sidewalk and masonry wall along 5600 West. c. All townhome units shall include basements. 3. Continuance. 4. Denial. Discussion: Steve Pastorik presented the application. He stated there were several emails regarding this application, and they have been added to the Planning Commission’s packets. Steve explained how the other main intersections along 5600 West have a combination of townhomes followed by commercial property, and the subject property would fit into that pattern. Steve displayed two different concept plans. The first plan depicted the townhomes facing 5600 West. The staff was concerned with safety having townhomes facing a busy street. The second concept plan has the homes facing in on each other with a masonry wall along 5600 West. Chairperson Meaders asked if there could be an increase in the side yard size as part of a development agreement, 10 feet seems short. Steve stated 10 feet is the ordinance requirement; however, an increased setback is an option. He explained needing to see how the increased would fit with the concept plan. Commissioner McEwen stated that staff alternative one shows different fencing surrounding the subject property. Is there any way we could put in all masonry walls? Steve explained that if option one is applied, the townhomes would face 5600 West, and there would not be a fence needed. If option two is used, the townhomes would be facing in on each other and there would be a masonry wall along 5600 West and the railroad side. A vinyl fence would run along the north per applicant’s request. Chairperson Meaders than asked if the applicant wanted to speak. Steve has been working with David Lewis, and he did not see him on the call currently. Chairperson Meaders then opened it up to the public. Pam Bryson resides at 5647 West Cape Vista Way. Pam explained receiving the letter in the mail and researching the different zones. She expressed concern about the townhome proposal’s density, causing overflow parking and her street to be used as a parking lot. She stated 5600 West already being a dense traffic area, and this build would increase the traffic. She is concerned about the townhomes being only 10 feet away from her home, allowing owners to look into the window of her house, not allowing her solar panels to work at 100% capacity and the townhomes casting a shadow over her backyard making winters colder. Pam feels that these high-density homes will increase crime in the area. She stated that 1400 square feet seems small for a townhome, and she expects a high turnover of residents. She also has a concern about the impact of the sewer/water system. Pam feels that DR Hornton left out the way this build would affect the current residents. She would also like an easier way to research projects in the future. Kristi Driskel resides at 4310 South 5710 West. She explained that the high school is near the park near her home, and there has been a high level of drug-related crime happening in the park. Kristi is concerned that the high-density build will add to the crime. Kristi also stated there is an amphitheater in the neighborhood that currently causes a parking issue, and this proposal will only add to the problem. She feels that there needs to be more green space to accommodate the increase in density. Ken Johnson resides at 5613 West Cape Vista Way. Ken asked what the detention area depicted in the concept plan would be used for. Steve explained at this stage it has not been determined, but the suggested use is for stormwater. Ken explained there had been seepage of water into the ground, causing cracks in his basement, leading to flooding. He feels with this detention area, there will be more damage to homes located downhill from the subject location, and he requested this be investigated. Ken also expressed his concern with the 10-foot setback being too short for a two-story building. Ken stated the last traffic study was in 2017, and he would like a current study considering the subject property. Bradly Worth, residing at 5678 West 4510 South. Bradly stated he agrees with much of what has already been said. His concern was that DR Hornton is not present for the public hearing. The applicant, David Lewis, then spoke up, stating he had joined the call and listened to the public comments. He first wanted to put to ease some of the concerns. He explained that engineers had designed the detention area, and the storm drain should not have overflow issues. He stated there would be four parking spots per unit, and they have added extra parking spaces along the greenspace. David explained there was a lot of thought when planning the ample green space for the residents to use. Chair Meaders asked David if the residents will be able to park in the commercial zone. David explained the property owners would be retaining that land, and the parking would need to be discussed with them. He did not add parking space to the commercial zone. Commissioner Winters asked David why the concept plan does not include basements. David replied that decision was design oriented. If they were to add basements to this design, they would only be 400 to 600 sq. ft. and that is too  small. Chair Meaders asked where the residents will be able to put storage without the allowance to use the garage and not having a basement. David stated the residents would probably put storage in an offsite storage facility. The Planning Commission did not have any further questions. Ken then explained to David his concern with the drainage area is not overflow. It’s the extra water seeping into the ground, causing seeping into the basement foundation. David stated this would be taken into consideration, and the engineers have designed the retention basin to hold the water without seepage. Chair Meaders closed public comment. Pam asked if she could address the Commission and was allowed. Pam stated where we are all working from home now, how close is the nearest building to their homes? She asked the Commission to think about a two-story building 10 feet away from their home and how it would make them feel. She doesn’t think this design will work in the area. Chair Meaders then asked how tall the townhomes will be. David stated they would be the standard two-story buildings conforming with city code. Kristi then asked David how they were going to enforce the garages not being used for storage. David explained the HOA would control the storage. The HOA will not allow storage in the garage to push parking into the road. Pam asked if the green space is for residents only. David said it is and will be maintained by the HOA. Commissioner Winters stated he could understand the concern with the space between the homes and the traffic. Commissioner Lovato feels the need for basements with the square footage of the townhomes being 1400. Steve gave a possible scenario being to remove building to open more space and lower the density. Commissioner Woodruff stated he doesn’t have an issue with the density getting closer to 12units/acre. Commissioner Winters explained he does not have an issue with the parking or the density. Chair Meaders asked if the Commission can make an approval with a more substantial set back requirement. Steve explained if there is an approval, it will be forwarded onto the City Council along with any recommendations from the Commission. Motion: Commissioner Lovato motioned to approve Z-6-2020 subject to a development agreement that includes the standards outlined in the staff report with the following changes: a. A 6’ masonry wall shall be installed along the railroad and along 5600 West. The wall pattern and colors shall match what the City has installed along 2700 West between 3650 South and 4100 South. b. A landscaped space of at least 5’ shall be installed between the sidewalk and  masonry wall along 5600 West. c. All townhome units shall include basements. This motion failed due to a lack of a second. Alternative Motion: Commissioner Woodruff motioned to approve Z-6-2020 subject to a development agreement that includes the standards outlined in the staff report with the following changes: a. A 6’ masonry wall shall be installed along the railroad and along 5600 West. The wall pattern and colors shall match what the City has installed along 2700 West between 3650 South and 4100 South. b. A landscaped space of at least 5’ shall be installed between the sidewalk and masonry wall along 5600 West. Commissioner Fuller seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato No Chair Meaders No Commissioner Woodruff Yes Commissioner McEwen Yes Commissioner Wood No Commissioner Winters Yes Majority – Z-6-2020– Approved ZT-5-2020 West Valley City Updates to the City’s Engineering Division Standards The West Valley City Public Works Department is requesting an update to the Engineering Division Standards. Included with this report is a copy of the proposed Engineering Division Standards along with a summary of the changes. The reason these changes are coming before the Planning Commission is that some of the changes will directly impact land use applications. The most significant change that will impact land use applications are the new retention requirements. These new retention requirements are necessary for the City to comply with State standards. Staff Alternatives:  1. Approval. The Engineering Division Standards should be approved as proposed. 2. Continuance. Discussion: Steve Pastorik presented the application. He stated that Russ Willardson, Public Works Director, and Brad Taylor, Assistant City Engineer, were in attendance to answer any questions. There were no questions from the public or the Planning Commission. Motion: Commissioner Winters motioned to approve ZT-5-2020. 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-5-2020– Approved PLANNING COMMISSION BUSINESS Approval of Minutes from July 1, 2020 Study Meeting Approval of Minutes from July 8, 2020 Regular Meeting Commissioner Winters moved to approve the minutes for July 1, 2020 study meeting and July 8, 2020 public hearing. Commissioner Wood seconded the motion Vote for Chair, Vice Chair for the 2020-2021 fiscal year. Commissioner Winters moved to keep Clover Meaders as chair and David McEwen as vice chair. Commissioner Fuller seconded the motion There being no further business, the meeting adjourned at 5:27 p.m. Respectfully submitted, ______________________________ Kirsten Hunt Administrative Assistant