Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES June 23, 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, Darrick Porter, and Harold Woodruff ABSENT 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 7 people in the audience. Z-4-2021 Greg Wilson 1078 West Parkway Avenue A zone change from A to BRP 0.1 acres Greg Wilson has requested a zone change for a portion of a parcel at 1078 West Parkway Avenue from A (agriculture, minimum lot size ½ acre) to BRP (business/research park). The west 143’ of this 180’ wide property was rezoned from A to BRP last year. This request is for an additional 15’ of BRP zoning which would make the west 158’ of the property zoned BRP. The subject property is designated as business park in the West Valley City General Plan. Surrounding zones include A to the south, east and a portion of the north and BRP to the west and the remaining north portion. Surrounding land uses include the property owner’s home to the east, the Khadeeja Islamic Center to the south, Metro Business Park buildings to the west and a portion of the north, and a Salt Lake County park for the remaining north portion. The property is currently vacant. The applicant has submitted a concept plan that shows a cabinet assembly plant and warehouse building. Also included is a letter from the applicant. Since the proposed building will include a light industrial use, the City’s commercial design standards will apply. Curb, gutter and sidewalk will be required along the property frontage as part of the site plan approval process. Staff Alternatives:  Approval. The application should be approved as it complies with the General Plan.  Continuance.  Denial. Discussion: Steve Pastorik presented the application. Greg Wilson, the applicant, explained that they had started developing the subject property and realized they would need more space to complete this project per their plans. Therefore, he is requesting the extra 15 feet of BRP zoned property. Motion: Commissioner Lovato moved to approve Z-4-2021 as it complies with the General Plan. Commissioner McEwen seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Unanimously – Z-4-2021- Approved GPZ-12-2021 Marco Diaz 4612 West 3500 South General plan change from General Commercial to Medium Density Residential and a zone change from C-2 to RM 1.0 acre Marco Diaz has submitted a General Plan/zone change application for a 1.0 acre parcel located at 4612 West 3500 South. The property is currently zoned C-2 (General Commercial) with a General Plan designation of General Commercial. The proposed zone is RM (Multiple Unit Dwelling Residential) and the proposed General Plan designation is Medium Density Residential (7 to 12 units/acre). The zoning and General Plan designation on this property were changed back in August of 2019. The previous zoning was R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 SF) and the previous General Plan designation was Low Density Residential (3 to 4 units/acre). At the time, the proposed land use was a dermatologist office. The dermatologist that was going to build here is now moving to a new office building at 4133 W Pioneer Parkway. Surrounding zones include R-1-8 to the north, east, and west and C-2 to the south. Surrounding land uses include homes to the north and west, a City park to the east and commercial to the south. The subject property is currently vacant; however, in 2014 a home that was previously on the property was demolished. The applicant is proposing to develop the property into a 10-unit, 3-story townhome development. Each unit would be 1,876 sq. ft. and include 3-bedrooms. While the property is 1 acre in area, the south portion of the property will need to be dedicated as it falls within the existing road improvements along 3500 South. The resulting density after dedication would be about 12 units/acre. The attached concept plan and application materials from the applicant provide details on and support for the proposed project. In reviewing this application, staff suggests that there are two primary questions to answer: 1. Is this the right location for a townhome development? 2. Assuming the location is appropriate, does the quality of the project further City goals? These two questions are explored below. Is this the right location for a townhome development? 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 four 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; or (iv) if the property is vacant, was vacant as of January 19, 2021, will be an exempt housing development under 24 CFR 100.304 or successor regulation with a density no greater than seven units per acre, and have access and Frontage on a Street with a planned Right-of-way width of at least 80 feet; 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. On the first condition, the property is one acre in area and the density is 12 units/acre. For the second condition, the subject property has access and frontage on 3500 South, which has a planned right-of-way width of 115’. On the third condition, the applicant’s development agreement standards are addressed later in this report. The fourth condition does not apply because the project is under 100 units. While the subject property is eligible to be considered for RM zoning, the City can still deny the zone change request. Potential reasons for denial include the existing homes on two sides, the tight setbacks proposed for the 3-story buildings, the relatively small size of the property, or the fact that the property has been zoned C-2 for less than 2 years. Does the quality of the project further City goals? If the Commission believes that townhomes are appropriate here, the quality of the proposal should then be considered. Dwelling Unit Sizes The proposed unit size is 1,876 square feet. Each unit will have three bedrooms. The ordinance requires a minimum area of 1,400 square feet for a three-bedroom townhome. Exterior Materials The ordinance states the following concerning exterior materials: “All multi-unit residential Building exteriors shall be brick, stucco, stone, tile, metal panels or fiber cement siding. With the exception of brick or stone which may be used on the entire Building exterior, no single material shall comprise more than 60 percent of a Building’s exterior. Where stucco, tile, metal panels or fiber cement siding are used, at least 20 percent of the Building’s exterior shall be brick or stone. Wood and vinyl may be used as trim, soffits and/or accent materials only.” The proposed materials are brick and fiber cement siding. Architecture The renderings provided don’t match the floor plans and don’t provide enough detail for staff to evaluate whether they comply with the City’s design standards. Staff is not comfortable recommending a development agreement with a rendering that doesn’t reflect what is actually proposed and would prefer more detail on the proposed product. Landscaping/Recreation Space Townhome developments require at least 50% of the site as landscaping and recreation space. The latest concept plan does not include a landscaping and recreation space percentage so this will not be addressed in the development agreement and the project, if approved, will be required to meet the minimum percentage. Project Amenities For a project of this size, the ordinance requires one amenity. The proposed project includes one amenity from the ordinance – a covered pavilion. Other Considerations For the RM zone, the Zoning Ordinance states: “For properties adjacent to residential uses with buildings with two stories or less, the maximum building height at the minimum side and rear yard setback shall be 25 feet. For each foot of height over 25 feet, buildings shall be set back an additional foot from the minimum setback, with a maximum total building height of 75 feet.” This increased setback standard would apply to the north and west property lines. Assuming the buildings are 30’ tall, the required rear setback for buildings would be 25’. Along the west side, the concept plan shows a setback of 15’. As an alternative, staff prepared a rough concept with two 5- unit buildings that exceed the setback requirements. A significant amount of fill has been brought to the site. Near the north end of the property, the grade of the property is nearly as tall as the neighboring fences. According to the applicant, he plans to bring the grade down to native soil before excavation of the foundations. There is an existing 6’ tall vinyl fence along the north side of the property that is in good repair. However, the wood fencing along the west side is, in staff’s view, in need of replacement. Staff conveyed to the applicant the concerns on the setbacks and architecture. The applicant indicated that he would work on revisions to be submitted prior to the Planning Commission public hearing. Without revisions, staff would not recommend approval. Staff Alternatives: 1. Approval. This General Plan/zone change application should be approved subject to a development agreement that incorporates the standards proposed by the applicant with the following additions recommended by staff: a. All standards in the City’s Multi-Unit Residential Design Standards shall be met. b. Setback requirements of the RM zone shall be met. c. Fill dirt brought to the site shall be removed so that the grade is restored to the native soil before excavation of the foundations. d. A 6’ tall vinyl or masonry fence shall be installed along the west property line. e. The developer shall dedicate right-of-way along 3500 South in accordance with the Major Street Plan, which shows the future right-of-way on 3500 South at 115’. f. 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, and any other outdoor recreational amenity. 2. Continuance. 3. Denial. This property should remain commercial. Discussion: Steve Pastorik presented the application. Commissioner Woodruff asked if the side of the subject property viewed from 3500 South will be something other than a blank wall. Steve said that the ordinance requires design relief and other design features on that side of the building. He explained that he does not have the elevations to present to the Commission today so, this item could be continued to allow them to view the side and rear elevations. Marco Diaz, the applicant, explained that they had changed their original concept plan per Steve's recommendations and neighbor's concerns while still meeting the goal of this project. He said the most recent concept plan depicts a good project  allowing ample space between the property in question and the neighboring properties. In addition, Mr. Diaz stated they want to meet all the ordinances outlined by the City. Colt Piper, an adjacent property owner, expressed that he is against this proposal. He explained that they purchased this property because there was not someone living directly behind their home. Mr. Piper said he would prefer a two to three-story commercial building over the proposed townhome development. Mr. Piper asked Mr. Diaz if he was inquiring about purchasing more land. Mr. Diaz explained they had been looking to buy more land. However, that is no longer in their plans. He stated the first set of plans we submitted did not leave much room between properties, so they changed their plans to increase the setback between the subject property and all neighboring properties. Mr. Diaz explained that he wants to minimize the impact on the neighbors. Mr. Piper stated that he is also concerned about the possible increase in traffic and noise from the townhome development all hours of the day and night instead of a commercial business that would have business hours. Commissioner Wood said that she feels this property is too small for a townhome development, and she would prefer to keep the commercial zoning. Commissioner Lovato said there had been conversations before about maintenance on a smaller townhome development, and he feels this project is too small to be well maintained by an HOA. Motion: Commissioner Wood moved to deny GPZ-12-2021, this property should remain commercial. Commissioner Woodruff seconded the motion. Vote: Chairperson Meaders No Commissioner McEwen No Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Majority – GPZ-12-2021- Denied SMI-3-2021 Cottages on Merry 3420 South Merry Lane (5275 West) R-1-8 Zone 5 Lots 1.23 Acres BACKGROUND GL Home Investments LLC is requesting minor subdivision approval for the Cottages on Merry Subdivision. The subject property was recently divided off from the LDS Church property to the north. It is bordered on the north by the LDS Church, and all other sides by single family residential. STAFF/AGENCY CONCERNS: Fire Department:  Existing Fire Hydrants will suffice for this project. Granger Hunter Improvement District:  Project will need to run availability for water, sewer and fire protection.  Subject to design and review inspections. Utility Agencies:  Subject to all standard easement locations. Public Works:  Authorization required of ditch/water users for any abandonment, relocation, piping or any other modifications to existing ditches or irrigation structures.  Will need to replace any damaged improvements along Merry Lane and Sunshine Drive if needed.  Will need to coordinate improvements on the corner of Merry Lane and Sunshine Drive regarding storm water concerns.  Revisions to the plat required.  Will need to coordinate subdivision name with County Auditor's Office.  Will need to see a soils report for basement depth. Building Inspections:  Follow recommendations outlined in the soils report. ISSUES:  The developer is proposing a minor subdivision to be known as Cottages on Merry. The subdivision will consist of 5 lots on 1.23 acres. Although zoned R-1-8, the  minimum lot size is 8,700 square feet with the largest lot being 12,106 square feet. All lot area and frontage requirements of the R-1-8 zone have been met.  Due to the depth of the property from Sunshine Drive, the applicant is proposing a flag lot. The lot meets the 12,000 square foot area requirements of the R-1-8 zone and will gain access from a stem on Sunshine Drive. The applicant has discussed the possibility of allowing lots 2 and 3 to use the stem to provide an option for side entry garages for future dwellings on those lots. Staff is fine with this idea but will make sure that appropriate notes are placed on the plat to identify cross access easements and maintenance agreements.  Access to the subdivision will be gained from Merry Lane and Sunshine Drive. Both of these streets are existing with Merry Lane having full public improvements. Sunshine Drive has a rolled gutter but not sidewalk. The City Engineering Division is fine allowing the rolled gutter to remain, but sidewalk will need to be installed along that section of right-of-way. In addition, any damage to existing improvements on either right-of-way will need to be replaced in accordance with plans approved by the City Engineering Division.  There are a number of mature trees on the west side of Merry Lane. Staff will recommend that special consideration should be given to keeping these trees. Staff understands that driveway access and other improvements may warrant the removal of 1 or 2 trees, but wherever possible, these trees shall remain. STAFF ALTERNATIVES: A. Grant preliminary approval for the Cottages on Merry Subdivision subject to the following conditions: 1. That compliance be made with Granger Hunter Improvement District regarding water line extensions, sewer connections and fire protection. 2. That the subdivision name be approved by Salt Lake County. 3. That the developer submit and follow recommendations outlined in the soils report. The soils report shall be provided prior to City Council review. 4. That the developer resolve all staff and agency concerns. 5. That damage to any existing improvements along Merry Lane or Sunshine Drive be repaired or replaced. Said repairs would need to be coordinated with the Engineering Division. 6. The developer/home builder shall keep as many of the existing trees as possible along the west side of Merry Lane. 7. That the developer coordinate storm water improvements to the intersection as outlined in the staff report. B. Continuance to allow the developer an opportunity to address issues raised during the public hearing. Discussion: Steve Lehman presented the application. Julia, representing GL Home Investments, did call into the meeting but did not have anything to add. Motion: Commissioner Woodruff moved to approve SMI-3-2021subject to the seven staff alternatives. Commissioner McEwen seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Unanimously – SMI-3-2021- Approved CA-4-2021 SLC4 – Aligned Technologies Data Center 6368 West Beagley Rd M zone, 5.65 acres The applicant, Aligned Data Centers, is requesting a conditional use amendment for a data center and equipment yard at 6368 West Beagley Rd in Building 1 of the 201 Mountain View Park (MVP - Hines). The zoning for this property is M, Manufacturing and the General Plan designation is Light Manufacturing. The surrounding zones are Manufacturing (M). The property to the northwest is zoned A, Agricultural with general plan designation of light industrial. To the south across Beagly Rd. (2540 South) is a canal trail system and the area is zoned A-1, Agricultural with general plan designation of large lot residential. The surrounding uses are office/warehouse (ARA) to the west and north, the other 201 MVP buildings to the east and vacant undeveloped land to the south. Aligned Technologies Center has recently purchased this site to develop a data center and equipment yard. The use will be located in the south end of building 1. The overall square footage of the building is 97,563 sqft. There is currently a tenant leasing the north half (14,262 sqft) so Aligned Technologies Center will occupy the remaining 77,627 sqft with plans to expand at some point in the future to occupy the entire building. As outlined in the attached use description, the building itself will be used for the data center servers (Data Halls) and equipment (Power Rooms) as well as the office functions (Front of House). This project also includes an equipment yard on the outside of the east side of the building. This area will be developed in phases with the overall build-out being approximately 520’ x 90’ and 46,800 sqft in area. This yard will be used to house the cooling equipment, power transformers and utility meters, electrical containers and backup generators. This area will be screened by a 19’ tall, perforated metal screen system that sits on a 4’ tall concrete stem wall. Staff has worked closely with the applicant to ensure the proposed screening is appropriate for this use and location. More specific design details of that screen system have also been provided for review. The exterior of the east side of the building will be modified to remove the overhead doors. There may be some slight modifications to the landscaping to accommodate the screening, but the majority of the landscaping will remain as originally designed and installed. There will also be an 8’ black wrought iron fence installed on the west and south side of the building for security purposes. Lastly, since this use does require a substantial amount of power, Aligned Data Centers is working directly with Rocky Mountain Power (RMP) on a Duct Bank System that will be connected to the Lake Park Substation. This work is all being coordinated with RMP, UDOT and WVC Public Works to ensure the proper easements and construction permits are in place. Staff Alternatives Approval subject to any issues raised at the public hearing as well as the following conditions: 1. The site and equipment screening shall be constructed as presented to the Planning Commission and as outlined in the approved plans for Aligned Technologies Data Center. 2. Must meet the requirements of all affected departments and agencies including but not limited to Rocky Mountain Power, UDOT and West Valley City Public Works. Continuance, to allow for the resolutions of any issues raised at the public hearing. Discussion: Jody Knapp presented the application. Michael Welch, representing the applicant, thanked Jody, and said that he looks forward to working with West Valley City. Motion: Commissioner Fuller motioned to approve CA-4-2021 subject to the two staff alternatives. Commissioner Lovato seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Unanimously – CA-4-2021- Approved C-14-2021 Winco Pad E 2616 S. 5600 W. C-2 zone, 1.26 acres The applicant, Petersen Staggs Architects, is requesting conditional use approval for a retail center with a drive-thru at 2616 S. 5600 W. The zoning for this property is C-2, General Commercial and the General Plan designation is General Commercial. The surrounding zone is C-2 on all sides. The surrounding uses include the WinCo shopping center to the north and west, a multi-tenant retail building and a Maverik gas station to the south. This property is located within the WinCo Shopping Center (C-8-2008, West Valley Pavilion). This parcel was initially improved as a parking area and part of a larger lot. It has since been divided to create a parcel for this retail tenant (Lot 9). The building is proposed to be approximately 1900 square feet and will contain a drive-thru. The building will be constructed of stucco with a stone wainscot and columns with steel canopies as accent features. The building must comply with the Commercial Design Standards as well as the Development Agreement for the overall project which requires that the east and west sides of the buildings be considered a primary façade for the requirements of the Design Guidelines for Commercial Buildings. Therefore, additional design elements will be necessary to the building façade as well as the roof treatments as discussed with the Planning Commission in the study session. This property is located within the 5600 Overlay Zone. The building does have a drive-thru and is therefore subject to the use restrictions as outlined in 7-14-404. Staff will continue to work with the applicant to ensure the proposed tenant mix is in compliance with this section of the City Code. The overall shopping center has adequate parking to accommodate this use and the development of this lot. Parking requirements will be based off the use so staff will continue to work with the applicant to ensure the parking provided can accommodate the proposed uses. Staff will also review traffic circulation, pedestrian connections and landscaping requirements to ensure all requirements in the City Code are met. The landscaping along 5600 West, which is a High Image Arterial, is in place as required and will remain. 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. There was an overall sign package that was approved for this shopping center when it was originally developed in 2008. No additional, ground signs are proposed with this building development and only wall signs will be allowed. 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 and the Development Agreement. 2. The site shall be landscaped per the approved plans and all existing landscaping must be maintained and/or replaced if it is in poor condition. 3. This use is subject to section 7-14-404 and must comply with the use restrictions set forth in the City Code. 4. The dumpster shall be completely screened and secured with a 6’ masonry enclosure that matches the building. 5. There shall be additional ground signs (Monument or Pole) and all wall signage must  comply with the West Valley City Sign Ordinance. 6. Must meet requirements of all affected departments and agencies. 7. 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. Chad Pollock, the applicant, said that Jody did a great job with the presentation and the staff report comments are clear. Mr. Pollock explained that he did not get back to Jody about what tenants will be leasing the property yet, because his client is not sure if they will do away with the drive- thru or change tenants. However, they do want to comply with the overlay district requirements. Motion: Commissioner McEwen motioned for approval of C-14-2021, subject to the seven staff alternatives. Commissioner Wood seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Unanimously – C-14-2021- Approved There being no further business, the meeting adjourned at 4:48 p.m. Respectfully submitted, Kirsten Hunt, Administrative Assistant