Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES June 9, 2021 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 Clover Meaders, Martell Winters, Cindy Wood, Mathew Lovato, Brent Fuller, David McEwen, and Harold Woodruff ABSENT Darrick Porter WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Steve Lehman, Brock Anderson, Jody Knapp and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were 3 people in the audience. ZT-4-2021 West Valley City A zone text change to amend standards for single unit dwellings and two-unit dwellings. City staff is proposing an ordinance change to amend the standards for single unit dwellings and two-unit dwellings. HB 1003 was passed by the Utah Legislature in the 2021 1st Special Session of the Utah Legislature and later signed by the governor. A copy of this bill is included with this report. Among other changes, the bill prohibits cities from imposing building design elements on a one to two family dwelling. Exceptions to this prohibition include:  Building design elements agreed to under a development agreement  A land use regulation, including a planned unit development or overlay zone, that a property owner requests: o the municipality to apply to the owner’s property and o in exchange for an increase in density or other benefit not otherwise available as a permitted use in the zoning area or district. The vast majority of remaining vacant ground planned for single unit dwellings either already has a development agreement or would need to be rezoned and would therefore become subject to a development agreement. The City can still require building design elements in these instances through a development agreement. The following is a list of the building design elements from HB 1003 that are prohibited:  Exterior color  Type or style of exterior cladding material  Style, dimensions, or materials of a roof structure, roof pitch, or porch  Exterior nonstructural architectural ornamentation  Location, design, placement, or architectural styling of a window or door  Location, design, placement or architectural styling of a garage door, not including a rear-loading garage door  Number or type of rooms  Interior layout of a room  Minimum square footage over 1,000 square feet, not including a garage  Rear yard landscaping requirements  Minimum building dimensions  A requirement to install front yard fencing The proposed ordinance change removes from the City’s Zoning Ordinance any reference to building design elements as defined by State law. Staff Alternatives: 1. Approval. The ordinance should be approved as proposed by staff to comply with State law. 2. Continuance. Discussion: Steve Pastorik presented the application. There was no further discussion. Motion: Commissioner McEwen moved to approve ZT-4-2021. Commissioner Fuller seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Winters Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes  Unanimously – ZT-4-2021- Approved SA-4-2020 Hunter Cove Mountain View Corridor Subdivision 5920 West 4165 South (Approximate) R-1-8 Zone BACKGROUND Mike Nadeau, representing the Utah Department of Transportation, is requesting subdivision approval for the Hunter Cove Mountain View Corridor Subdivision. This application will also amend lots 1, 2, 21 and 22, a portion of Rushford Court and will vacate lots 3-8 and 26- 35 and Timber Oaks Lane of the Hunter Cove Subdivision Phase 1. This plat also amends parcels B and C of the Hunter Cove Phase 2 Amended Subdivision. The application is being requested to resolve various modifications to the Hunter Cove subdivisions resulting from the construction of the Mountain View Corridor. The Hunter Cove Subdivision Phases 1 and 2 were recorded with the Salt Lake County Recorder’s Office in 1994. A subsequent amendment to Phase 2 was done in 2014 as preparations for land acquisition began for the Mountain View Corridor. This application affects certain lots platted in the original Phase 1 of Hunter Cove and Parcels B and C of the amended Hunter Cove Subdivision. For the Planning Commission’s information, all of phase 2 Hunter Cove Subdivision was vacated in 2014 leaving 3 large parcels, A, B, and C. Parcel A was deeded to the Granite School District to replace a portion of the playground for the Elementary School being taken for the Mountain View Corridor. This application will vacate and dedicate certain rights-of-way within the subdivision as well. The areas shaded on the plat represent a vacation of existing streets, while the area that is cross hatched on the plat represents new dedicated streets within the subdivision. The most notable of which a connection into the West portion of the Hunter High School. When access from the school to 4100 South was terminated due to the intersection improvements at 4100 South and 5600 West, an alternate connection was provided through the Hunter Cove Subdivisions out to 6000 West. All roads, improvements and property transactions have been completed as part of the Mountain View Corridor project in this area. The end goal of this application is to record a new plat that resolves the modifications mentioned above and to vacate and dedicate those rights-of-way shown on the new subdivision plat. Due to the reconfiguration of Rushford Court, a few homes will need to revise their existing address from Rushford Court to Rushford Oaks Court. These lots are identified on the plat as lots 9, and 23-25. Staff will coordinate this change as the plat moves forward. Staff did receive a couple of phone calls inquiring about the proposed plat. Existing residents were relieved to know that their properties would not be impacted for the new plat. As always, there were comments about traffic. However, the existing subdivision and rights-of- way have been in place now for quite some time and prior to the notice of this application, the Planning Staff has not been made aware of any concerns. In summary, the request before the Planning Commission is to amend lots 1, 2, 21 and 22, a portion of Rushford Court, vacate lots 3-8 and 26-35 and Timber Oaks Lane of the Hunter Cove Subdivision Phase 1. This plat also amends parcels B and C of the Hunter Cove Phase 2 Amended Subdivision. STAFF ALTERNATIVES: A. Approval of the plat amendment subject to a resolution of staff and agency issues. B. Continuance to allow for more discussion regarding the application. Discussion: Steve Lehman presented the application. There was no further discussion. Motion: Commissioner Lovato moved to approve SA-4-2020. Commissioner McEwen seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Winters Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Unanimously – SA-4-2020- Approved S-4-2021 West Valley Pavilion Subdivision – Lot 1 Amended 2616 South 5600 West C-2 Zone BACKGROUND: Winco Foods LLC is requesting a plat amendment on lot 1 of the West Valley Pavilion Subdivision. The purpose for the amended plat is to create an additional building lot at the southeast corner of lot 1 for a future commercial retail building. The subdivision consists of 2 lots on 10.5 acres. ISSUES: The proposed plat amendment is being requested in order to divide lot 1 into 2 lots. The end result will allow the property owner to sell a 1-acre lot located in the southeast corner of what is presently lot 1. The lot size requirement in the C-2 zone is 20,000 square feet. Access to the new lot will be gained through shared access easements already in place  for the West Valley Pavilion Subdivision. Public access to the West Valley Pavilion Subdivision is gained from 5600 West, 2700 South and Anna Caroline Drive. The Planning Commission previously reviewed and approved an overall conditional use application for various uses in the West Valley Pavilion Subdivision. All conditions associated with the original approval will continue to be in force. In addition, since the proposed use will be on a new lot and is planned to have a drive- thru restaurant, a new conditional use application will be required. This will be presented to the Planning Commission on the June 24th hearing. The subdivision does fall within the 5600 West Overlay Zone. As such, the new building and site design will be subject to increased development standards. During the approval of the West Valley Pavilion Subdivision, and due to the lot configurations within said subdivision, an operating easement agreement was prepared to address parking, cross access easements etc. Staff understands that this agreement will address and/or would be modified to address the issues associated with the new lot. STAFF ALTERNATIVES: 1. Approve the West Valley Pavilion Subdivision Lot 1 Amended subject to a resolution of staff concerns. 2. Continue the application for reasons determined in the Planning Commission meeting. Discussion: Steve Lehman presented the application. There was no further discussion. Motion: Commissioner Winters moved to approve SA-4-2021 Commissioner Fuller seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Winters Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Unanimously – SA-4-2021- Approved  C-11-2021 Premier Truck Group - Overflow Lot 2377 South 5370 West (Warner Lot 9) M Zone (2 Acres) The applicant, Dave Smalley, representing Premier Truck Group, is requesting conditional use approval for an overflow storage lot for for-sale truck cabs at 2377 South 5370 West. The zoning for this area is M, manufacturing. The West Valley City General Plan designates this area as light manufacturing. The surrounding zone is manufacturing on all sides. The surrounding uses include office/warehouse and other light industrial or freight/trucking uses. This lot is part of the 106-acre West Valley Truck Center that was approved in 1994 (C- 36-94). It has not however ever been improved or developed. There was a similar use proposed for this lot in 2015 (C-26-15) but that approval has since expired. This current proposal is to improve this lot for an overflow truck cab sales storage lot. The primary sales lot is located about 2 blocks away to the northwest at 2240 S. 5370 W. The perimeter of the lot on the west and south sides will be improved with a 5’ parkstrip, a 5’ sidewalk and landscaping. When these roadways were improved in the 90’s the right-of-way width was the standard 66’ however the pavement width was increased from 41’ to 51’. The thought at the time was that sidewalk would never be installed throughout this truck center area and wider pavement would better accommodate the heavy truck traffic. Today, with the development changes that have occurred, sidewalks are now required to be installed so we are working within the current right-of-way to accommodate that. There will still be the 20’ setback to the property line but that includes a 5’sidewalk located within an easement and then 15’ of landscaping. The site is required to have a minimum of 5% landscaping and with this proposed design they have provided 8.2%. Therefore, staff feels that this design complies with the City Code and is also similar to the setbacks and landscaping that has been approved on the adjacent sites. The setback area will contain a minimum of 1 tree every 30’, a berm and 50% live plant material not including tree canopies. The perimeter of the lot will be secured with a 7’ chain link fence with barbed wire. Additional screening is typically not required for this type of use. All trucks will be parked on hard surfacing with the proper lighting per 7-9 of the WVC Municipal Code and does not require interior parking lot islands like a typical parking lot with striped parking stalls which allows for better maneuverability for the trucks. No buildings will be constructed, and no signage has been proposed with this application. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following conditions: 1. The property shall be used for overflow storage of truck cabs that are for sale. There shall be no additional materials or outside storage at this site. 2. All trucks must be parked on hard surfacing with the appropriate lighting for  the intended use. 3. The overall minimum required landscaping for the site is 5%. All setback areas adjacent to the right-of way shall include a minimum of 1 tree every 30’, a berm and 50% live plant material not including tree canopies. 4. All requirements of affected departments and agencies must be met, including but not limited to WVC Public Works. 5. This use is subject to review upon a valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing and to allow time for the applicant to submit more detailed information on the project. Discussion: Jody Knapp presented the application. Dave Smalley, the applicant said that he did not have anything to add to Jody’s presentation. Motion: Commissioner Woodruff moved to approve C-11-2021 subject to the five conditions outlined in the staff report. Commissioner Fuller seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Winters Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Unanimously – C-11-2021- Approved C-12-2021 Ken Garff Truck Center 4770 S 5600 W M Zone (36.53 acres) The applicant, Anderson Wahlen & Associates, on behalf of Ken Garff Automotive Group, is requesting conditional use approval for a truck processing center. The overall property is 36.53 acres and is zoned M, Manufacturing. The West Valley City General Plan designates this area as light manufacturing. The surrounding zoning is M to the north, west, and south. The properties to the east of 5600 West are in Kearns and include an industrial property and single unit dwellings. Other surrounding land uses include The Ridge Golf Course to the south and west, a power substation to the west and self-storage and a convenience store to the north. The property was originally approved for an office and production facility for the Newspaper Agency Corporation (C-6-2004), which includes a 205,444 sq. ft. building. The Ken Garff Automotive group recently purchased the property with the intent to use the existing building and site as a truck processing center. Trucks will come to the property unfinished, and they will be customized to meet buyers’ needs. The installation of lift kits, tires, wheels, and accessories will also be done. All work shall be performed in the building. There are two phases for the project. This application addresses the first phase, which includes some minor modifications to the building and the site will generally remain as it is. A new ramp will be added on the east side of the building and new asphalt surfacing will be added south of the building. A small wash bay addition is also proposed on the south side of the building. Interior improvements will be made to a portion of the building to accommodate for truck servicing areas. The second phase will expand into the undeveloped area of the site and add additional parking behind the south of the building. A Conditional Use Amendment will be required for the second phase. All landscaped and parking areas will remain as they currently are on the property. These areas shall be maintained and kept in good condition. Any future signage shall comply with Title 11 of the West Valley City Code. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The site shall be improved per the approved plans. 2. Any future expansion into undeveloped areas of the site shall return to the Planning Commission for approval as a conditional use amendment. 3. Existing landscaped and parking areas on the property shall be maintained and kept in good condition. 4. Requirements of all affected departments and agencies shall be met. 5. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Discussion: Brock Anderson presented the application. Kirk Randall, the applicant, did not have anything to add to Brock’s presentation. He said that he does not have any issues complying with the conditions. Motion: Commissioner Lovato moved to approve C-12-2021 subject to the five conditions in the staff report. Commissioner Winters seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Winters Yes Commissioner Lovato Yes Commissioner Woodruff Yes  Commissioner Wood Yes Unanimously – C-12-2021- Approved C-13-2021 Southwest Exteriors 7041/7055 W Gates Ave. M Zone (0.88 Acres) The applicant, Tisha Moreno, is requesting conditional use approval for a construction office and outside storage yard at 7041/7055 W Gates Ave. The parcels are zoned manufacturing (M). The properties to the north are zoned manufacturing, while all other adjacent properties are zoned agriculture. The West Valley City General Plan designates all properties along Gates Avenue as light manufacturing, and all properties to the south as large lot residential. There are towing and impound yards to the north, and single unit dwellings to the east, west, and south. The applicant operates a construction company, Southwest Exteriors, that specializes in residential and commercial siding projects. The business applied for a license over a year ago, but at the time the property was zoned Agriculture, which does not allow for commercial uses. An enforcement case was started, and the property owners were notified that they would either need to get the property rezoned and then get the use approved, or they would have to vacate the property. The applicant was successful in getting the property re-zoned from agriculture to manufacturing earlier this year. At this time, they are trying to get the use approved by the Planning Commission. When the property was re-zoned, there was a development agreement that was entered between the applicant and the City, which is attached to this report, that limits the hours or operation, requires that all buildings and development on the site conform to the manufacturing zone standards, and prohibits certain uses on the property. The manufacturing zone requires a 20’ setback adjacent to any residential zone, agricultural zone, or residential use. The setback applies to any structures and outside storage areas. There is an existing structure on the property that used to be a home that the applicant is proposing to use as an office, however it does not meet the 20’ minimum setback from the west property line. The building either needs to be modified to meet the setback or removed. If a new office building is constructed, the commercial design standards as outlined in 7-11-300P shall be met. All other existing or future accessory structures also need to meet the 20’ setback requirement. The proposed outside storage areas shall be located outside of the 20’ setback areas as well and need to be screened and surfaced per 7-7-119. The east, west, and south sides of the property shall be screened by a 6’ masonry wall as outlined in 7-6-303(5). The M Zone requires a minimum of 5% landscaping on the site. The required parking will be determined by the square footages of any office and warehousing structures on the property as outlined in 7-9-104. Parking areas are allowed to have a 10’ setback. All other applicable landscaping and screening requirements for the parking areas shall  apply as outlined in 7-9. The site lighting shall be installed so it does not negatively impact the adjacent residential uses as described in 7-9-113. All signage on the property shall meet the requirements set forth in Title 11 of the WVC Municipal Code. Staff Alternatives:  Approval, subject to the resolution of any issues raised at the public hearing and the following conditions: 1. All requirements of the Manufacturing Zone shall be met as outlined in 7- 6 of the West Valley City Code. 2. If a new office building is constructed, it shall meet all the commercial design requirements outlined in 7-11-300P. 3. All outside storage areas shall meet the requirements of 7-7-119. 4. A 6’ masonry wall shall be constructed along the east, west, and south property lines as outlined in 7-6-303(5) 5. Landscaping shall be completed in accordance with the various requirements of Title 7. 6. The parking and maneuvering areas shall meet all requirements of 7-9. 7. Lighting shall be installed per 7-9-113 and shall not negatively impact the adjacent residential uses. 8. All signage shall comply with Title 11 of the WVC Sign Code. 9. All requirements of any affected departments and/or agencies must be met. 10. Subject to review upon valid complaint.  Continuance, to allow for the resolution of any issues raised at the public hearing. Discussion: Brock Anderson presented the application. The applicant, Tisha Moreno, said she will comply with all staff recommendations and conditions. Motion: Commissioner Winters moved to approve C-13-2021 subject to the ten staff conditions. Commissioner Fuller seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Winters Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Unanimously – C-13-2021- Approved There being no further business, the meeting adjourned at 4:35 p.m. Respectfully submitted, Kirsten Hunt, Administrative Assistant