Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES September 9, 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 David McEwen WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Jody Knapp and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were 3 people in the audience. ZT-6-2020 West Valley City A zone text change to Sections 7-1-103 and 7-6-301 to define and prohibit outdoor waste management facilities This application was continued by the Planning Commission during the public hearing on August 26, 2020. City staff is requesting a zone text change to Sections 7-1-103 and 7-6-301 to define and prohibit outdoor waste management facilities. The changes to Section 7-1-103, which is the definitions section of the zoning ordinance, would amend the definition of “heavy industrial” to exclude outdoor sewage treatment and disposal facilities and to exclude any other outdoor waste management facilities. The term “outdoor waste management facility” is also defined as: “any outdoor facility that stores, treats or processes liquid waste, sewage, sludge or solid waste. The change to Section 7-6-301 prohibits outdoor waste management facilities in all commercial and manufacturing zones. The terms liquid waste, sewage, sludge and solid waste are all defined in Salt Lake County Health Department regulations as follows: “Liquid waste shall mean a solid waste that contains “free liquids” as defined by Method 9095 (Paint Filter Liquids Test), as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA pub. no. SW-846, latest edition). Liquid waste does not include infectious medical waste or hazardous waste. “Sewage shall mean human or animal wastes carried by water or other liquid from a dwelling, business building, institution, industrial establishment, or agricultural, recreational, or other location including, but not limited to, sewer systems, septic tanks, privy vaults, and cesspools, including any groundwater, surface water, and storm water that may be mixed with these wastes.” “Sludge shall mean any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial process, a wastewater treatment plant, water supply treatment plant, or air pollution control facility; car wash facility; or any other waste having similar characteristics and effect. Sludge does not include industrial discharges that are point sources subject to permits under the Utah Water Quality, Utah Administrative Code R317.” “Solid waste shall mean garbage, trash, junk, asbestos or asbestos-containing material, hazardous waste, infectious medical waste, industrial waste, inert waste, construction and demolition waste, electronic waste, dead animals, sludge, liquid or semi-liquid waste, leachate, used oil, other spent, or discarded materials, or materials stored or accumulated for the purpose of discarding; materials that have served their original intended purpose, or waste material resulting from industrial manufacturing, mining, commercial, agricultural, household, institutional, recreational, or other activities. Solid waste does not include solid or dissolved materials in domestic sewage or in irrigation return flows, or discharges for which a permit is required under state or federal regulations. Staff has two concerns with outdoor waste management facilities. The first concern is odors. An outdoor waste management facility in Salt Lake City creates odors that can be detected well into West Valley City. There aren’t many locations within the City that don’t have a neighboring use that would be negatively impacted by odors. For those sites that don’t have neighboring uses, development will eventually fill in these spaces. In 1982, over 50% of the City was either agricultural land or vacant. Today, only about 10% of the City is undeveloped. The second concern is aesthetics. Outdoor waste management facilities can be unsightly especially in areas seeing new light industrial growth. The City as seen significant growth in light industrial buildings in areas that were largely outdoor storage or outdoor processing uses. As land values continue to rise and the City becomes more urbanized, staff submits that outdoor waste management facilities really aren’t appropriate within the City. Staff has been approached by a group interested in developing an outdoor waste management facility that specifically handles waste from car wash facilities. They submit that such waste does not generate offensive odors. They have requested that their use not be grouped together with other uses that handle waste. A specific suggestion they made was: The City could prohibit Waste Transfer Stations that handle human or animal waste or household garbage. Perhaps the language could be “Waste Transfer Stations are prohibited except stations that do not process or handle human or animal wastes or household garbage.” If the City wanted to go a step further, they could also specify that composting operations are not allowed. During the Planning Commission study session, the Commission asked staff to consider an alternative ordinance change that would allow some outdoor management of non-sewage waste if it was reviewed as a conditional use with screening and separation standards. Included with this report is an alternative to staff’s original proposal. This alternative proposal would:  allow outdoor waste management facilities as a conditional use in the M (Manufacturing) zone,  exclude human or animal waste or household garbage from the definition of outdoor waste management facilities,  require outdoor waste management facilities to be screened from public view,  require outdoor waste management facilities to meet certain separation requirements (see attached table for a comparison of separation requirements for other uses) and  require outdoor waste management facilities to be located within areas designated as heavy manufacturing in the General Plan. Staff Alternatives: 1. Approval. Staff’s original proposal for the ordinance change prohibiting outdoor waste management facilities should be approved. 2. Approval. Staff’s alternative proposal for the ordinance change allowing outdoor waste management facilities should be approved. 3. Continuance. 4. Denial. Discussion: Steve Pastorik presented the application. Commissioner Winters said this proposal seems reasonable. He feels where the City generates waste; it should help discard the waste. Commissioner Winters also feels the restrictions will keep the impact on West Valley City low. Motion: Commissioner Winters motioned to approve ZT-6-2020 per staff alternative 2. Commissioner Lovato seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner Winters Yes Unanimous– ZT-6-2020– Approved C-11-2020 Raising Cane’s 3346 South 5600 West C-2 zone, 1.02 acres The applicant, Maurissa Muha with PM Design Group, representing Raising Cane’s, is requesting conditional use approval for a fast food with drive-up restaurant at 3346 South 5600 West. The zoning for this property is C-2, General Commercial and the General Plan designation is Hunter Towne Center. The surrounding zone is C-2 on all sides with a small portion of R-1-7 located to the east across 5600 West. The surrounding uses include Alpine Storage to the west that is part of a larger overall shopping center that continues to the south. There is a carwash to the north and a Wendy’s fast food restaurant to the east. This property is lot 4 of the Mountain View Business Plaza Subdivision. The building is proposed to be 3,398 square feet and will contain a drive-up. The building will be constructed of stucco and a mixture of brick and metal panels with steel canopies as accent features. The building must comply with the Commercial Design Standards. The typical hours of operation for this use are 10:00 am – 11:00 pm, Sunday – Thursday, with extended summer hours to 12:00 a.m. on Fridays and Saturdays. Staff has worked with the applicant and the property owner to ensure that the layout of the facility and the traffic flow works with the adjacent tenants and existing access points. This includes a right-in-right-out access on the northeast corner of the site. An east-west pedestrian connection will also be added along the south side of this site to provide good connectivity to the overall shopping center. There is an overall sign package that was approved for this shopping center that includes an existing pole sign. Therefore, Raising Cane’s will utilize space on that existing pole sign as well as building/wall signage. No other ground signs are permitted at this location based off the bonus given for the shopping center pole sign. There will be a dumpster provided for this building that will be located within a 6’ masonry enclosure that is constructed to match the building. Staff Alternatives Approval subject to any issues raised at the public hearing as well as the following conditions: 1. The building must be completed per the approved plans and be designed in accordance with the Commercial Design Standards. 2. The site shall be constructed per the approved plan which includes a right-in-right-out only access on the northeast corner of the site. 3. The landscaping shall be installed per the approved plans including a 20’ setback along 5600 West. 4. An east-west pedestrian connection must be maintained to accommodate the overall pedestrian circulation through this shopping center. 5. The dumpster shall be completely screened and secured with a 6’ masonry enclosure that matches the building. 6. All mechanical equipment on site must be properly screened and the enclosures must be designed to match the primary building. 7. All signage must comply with the West Valley City Sign Ordinance. 8. Must meet requirements of all affected departments and agencies. 9. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Discussion: Jody Knapp presented the application. Commissioner Winters asked where the left turn in and out of the subject property is located. Jody stated the left turn is more to the west of the property and pointed out the left turn location on the site plan. Commissioner Winters said, so there is easy access to  the left turn in and out, just not in the same place as the right turn. Jody confirmed that was correct. Melony Bagley, the Property Development Manager, praised Jody for her report and being very helpful through this process. She also stated that she has her architect and Roman Frazier, property owner, on the call, and can answer any questions. Commissioner Winter stated how excited he is to have the first Raising Cane's in Utah be in West Valley City. Motion: Commissioner Lovato motioned to approve C-11-2020 subject to the 9 staff alternatives. Commissioner Woodruff seconded the motion. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Chair Meaders Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner Winters Yes Unanimous– C-11-2020– Approved There being no further business, the meeting adjourned at 4:15 p.m. Respectfully submitted, ______________________________ Kirsten Hunt Administrative Assistant