Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES July 14, 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, Harold Woodruff and Darrick Porter ABSENT Harold Woodruff and Martell Winters 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 2 people in the audience. SV-2-2021 Alley Vacation between Warnock Avenue and Stratford Avenue 1685 West between 2525 and 2565 South BACKGROUND The West Valley City Engineering Division is requesting consideration to vacate the 16-foot alley located between Warnock Avenue and Stratford Avenue. The location of the alley is approximately 1685 West between 2525 and 2565 South. The alley is located within the Chesterfield Plat. This plat was recorded with the County Recorder’s Office in July 1914. The plat identifies a 16-foot alley along the east property line of those properties fronting Redwood Road. It is presumed that this alley was to provide service capabilities for properties that would be used for commercial purposes. While the idea behind this was well intended, these alleys have not been utilized for that purpose. To staffs knowledge, these alleys have never been formally improved. As a common practice, many residents living adjacent to these alleys have fenced this area off. In some instances, residents have used the alley as part of their yard and for parking. The vacation of these alleys generally allows for property owners to take better care of these areas than has previously been done. Per State Law, when a street or alley is vacated, each abutting owner will end up with half of the vacated property. In this case, 8 feet of additional property would then belong to the property owners on the east as well as the west side of the alley. If a property owner did not want their portion, they could negotiate transferring their portion to the adjacent landowner. In the case of this particular alley, there is an existing storm drain line. The City will request that an easement be recorded that will accommodate the storm drain line. This will be done with the vacating ordinance that ends up being recorded with the Salt Lake County Recorder’s Office. According to City Ordinance, streets and/or alley vacations shall be reviewed by the Planning Commission with a recommendation to the City Council. RECOMMENDATION 1. Approve the vacation of the 16-foot alley located between Warnock Avenue and Stratford Avenue. 2. Continue the application due to issues raised at the public hearing. Discussion: Steve Lehman presented the application. Robert Hicks, the neighbor to the west of the subject location, Distributed pictures to the Planning Commission and staff depicting the Sanchez family’s home, his neighbor to the east, in 1950. Mr. Hicks said they have added onto the home and now part of the roof is hanging over the proposed alley way. He explained an ongoing dispute between his neighbors and himself. Mr. Hicks would like the Commission to table this proposal until a survey is done on the Sanchez property and their roof is only over their property. Steve Lehman said this proposal is from the West Valley City Engineering Department and the dispute between neighbors should not interfere with the vacation. Steve explained that the City no longer has a need to own the subject property, therefore, they are requesting the vacation. Motion: Commissioner Lovato moved to approve SV-2-2021. Commissioner McEwen seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Porter Yes Commissioner Wood Yes Unanimously – SV-2-2021- Approved SV-3-2021 Alley Vacation between Clayborne Avenue and Russet Avenue 1685 West between 2785 and 2830 South BACKGROUND The West Valley City Engineering Division is requesting consideration to vacate the 16-foot alley located between Clayborne Avenue and Russet Avenue. The location of the alley is approximately 1685 West between 2785 and 2830 South. The alley is located within the Chesterfield Plat. This plat was recorded with the County Recorder’s Office in July 1914. The plat identifies a 16-foot alley along the east property line of those properties fronting Redwood Road. It is presumed that this alley was to provide service capabilities for properties that would be used for commercial purposes. While the idea behind this was well intended, these alleys have not been utilized for that purpose. To staffs knowledge, these alleys have never been formally improved. As a common practice, many residents living adjacent to these alleys have fenced this area off. In some instances, residents have used the alley as part of their yard and for parking. The vacation of these alleys generally allows for property owners to take better care of these areas than has previously been done. Per State Law, when a street or alley is vacated, each abutting owner will end up with half of the vacated property. In this case, 8 feet of additional property would then belong to the property owners on the east as well as the west side of the alley. If a property owner did not want their portion, they could negotiate transferring their portion to the adjacent landowner. According to City Ordinance, streets and/or alley vacations shall be reviewed by the Planning Commission with a recommendation to the City Council. RECOMMENDATION 1. Approve the vacation of the 16-foot alley located between Clayborne Avenue and Russet Avenue. 2. Continue the application due to issues raised at the public hearing. Discussion: Steve Lehman presented the application. There was no further discussion. Motion: Commissioner McEwen moved to approve SV-3-2021. Commissioner Wood seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Porter Yes Commissioner Wood Yes  Unanimously – SV-3-2021- Approved CA-5-2021 Superior Water and Air LLC 3536 S. 1950 W. 1.71 acres Superior Water and Air LLC, represented by Jason Kelley, is requesting conditional use amendment approval for outside storage at 3536 South 1950 West. The property is currently zoned M (manufacturing) and the General Plan designation is light manufacturing. The surrounding zones are C-2 with a portion of property to the southwest that is zoned M, Manufacturing. The surrounding land uses include auto service, a Union Hall, barbershop and Million Dollar Pawn to the north, auto service and auto/service/sales to the south. There is an Advance Auto Parts to the east and Advanced Body and Paint to the west. This property was recently rezoned from C-2 to M for the primary purpose of accommodating outside storage. The approval was subject to a development agreement that allows for the current C-2 uses to continue with the addition of only outside storage. Exhibit B has been included in your packet for review. Superior Water and Air LLC has been at this location for approximately 20 years (C-29-2000) and their business model has evolved over time and they have grown as a company. They now have equipment and vehicles that remain on the site for longer periods of time and have a need for outside storage. They have also implemented a recycling program so there is occasionally equipment and materials stored outside before they get recycled. Salt Lake Community College will also temporarily be using the building on the southwest corner of the site for classes/instruction so some of the storage within that building has been displaced and relocated throughout the site. All outside storage areas are paved with asphalt except for the section located directly along the west side of the property. This area was originally landscaping and will be replaced with a gravel surface to provide additional storage areas. Based off the M Zone standards of 5% landscaping that would allow for some flexibility for them to reorganize their site. All other landscaping on site will remain. The parking island to the south of the building no longer has trees and is not required to be landscaping at this point but Mr. Kelley has indicated the lawn will remain in place at this time. If it is modified in the future, it just needs to be maintained and improved based off the use. The site is currently secured with a 6’ tall chain link fence. Slats will be added to the east side of this fence to screen the outside storage from the adjacent roadway, 1950 West. All storage structures, sheds, cargo containers and dumpsters must comply with City Code and all applicable building code requirements/permits. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The approved use for this application is for outside storage of materials and supplies for Superior Water. 2. The outside storage areas must be paved with asphalt, except for the portion along the west fence may be surfaced with gravel for equipment storage, and the appropriate access shall be maintained throughout the site. 3. Outside storage is only permitted in the designated areas as outlined in the approved site plan and must be screened from public view from 1950 West. 4. The existing landscaping that will remain on site shall be maintained and kept free of weeds. 5. All storage structures, sheds, cargo containers and dumpsters must comply with the West Valley City Code and all applicable building code requirements/permits. 6. Must meet the 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. There was no further discussion. Motion: Commissioner McEwen moved to approve CA-5-2021 subject to the seven staff alternatives. Commissioner Lovato seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Porter Yes Commissioner Wood Yes Unanimously – CA-5-2021- Approved C-15-21 Malone Powersports Use Expansion and Landscape Exception 1379 West 3300 South M Zone (5.16 Acres) The applicant, Malone Powersports, is requesting a conditional use for expansion of a recreational vehicle sales use (ATV/UTV) at 1379 West 3300 South, as well as an exception to section 7-10 of the WVC Municipal Code, Standards for Landscaping Along High Image Arterial Streets. This property is zoned M, Manufacturing. The West Valley City General Plan designates this area as General Commercial. The surrounding zone is C-2 to the north and east and M to the west and south. The surrounding uses include Jones Heating to the north, Questar Gas and GHID facilities to the east, Light Industrial/warehouse uses to the south, Dura Crete to the west. This property is also located within the Jordan River Overlay Zone (JROZ). The use is considered “Motorized Outdoor Recreation Equipment” and is currently prohibited in that overlay zone. However, per 7-14-203, existing businesses may continue and can expand with approval by the Planning Commission. Malone Powersports acquired Plaza Cycle in 2019. They have also now acquired the Highland Golf site to the east, which was approved for an expansion in 2019 (C-15-19), and the Volkswagen auto service center to the west. They will use the Highland Golf area for service/offices, the existing Malone Powersports building for sales/parts and then the auto service building does not have an intended use at this point and the current lease expires this month. That area will be cleaned out and used for storage for the time being. Now that the parcels are all consolidated Malone Powersports, in coordination with West Valley City RDA and a Cares Act Grant, are looking to cover/abandon the canal to provide better access and circulation internally on site. The final canal design and process is being coordinated with the Canal Company. Then the back portion of the Highland Golf property will also be improved and paved for additional storage and parking. This is the use expansion portion of the application. Since the site has frontage on 3500 South, which is a High Image Arterial, the requirements set forth in 7-10 are triggered for this part of this project. The ordinance requires a 15’ landscaped berm, a 10’ sidewalk and a 5’ strip of additional landscaping and street lighting. Based off the existing site layout, access, and circulation the applicant is requesting an exception to that streetscape. They would like a 10’ landscaped area and 5’ sidewalk in the center of the site to accommodate the existing parking and access. Then the remaining sections of the site they are requesting a 10’ setback, a 10’ sidewalk and then a 10’ display area. Staff has discussed alternative designs and circulation ideas with the applicant. These include internal circulation changes that would allow for more customer parking areas, more strategic consolidated display areas and would not require such a large exception to the streetscape code. UDOT has also indicated if an internal connection is provided that they may require an access to be closed. This would impact the design of the site, so the applicant is continuing to coordinate that review to ensure the design is completed as required. As discussed in the Study Meeting if the exception to 7-10 is not granted at this time, then the Highland Golf site would need to comply with the original approval from C-15- 19 which has the streetscape design as required by Ordinance with no exceptions. Then the back portion of that site could be expanded as indicated on their plan and improved with asphalt for outside storage and parking. The remaining portions of the site would need to be maintained. Display would not be permitted in the landscaped areas and all landscaping would need to be re-installed and repaired as originally required. See C-59-86. The building façade is also in need of repair and maintenance. There is currently a pole sign on the property for Plaza Cycle. The applicant intends to keep this sign on site and is working on coordinating the Malone Powersports name with Plaza Cycle, so the sign does not become off premise. Then the Highland Golf pole sign will be removed. Staff Alternatives: Approval of the Use Expansion, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The existing business, Malone Powersports, may expand to the east on parcel 15-27-480-030 per the approved plans and requirements set forth in C-15-19 (Highland Golf). 2. All existing buildings must be maintained and repaired. 3. All existing landscaped areas west of Highland Golf must be repaired and replaced with live plant material per the original approvals (50% lawn/50% live plant material and one tree every 30’). 4. Signage shall meet the standards set forth in Title 11 of the WVC Municipal Code. 5. Must meet the requirements of all affected departments and agencies.  6. Subject to review upon valid complaint. Denial, of the request for an exception to the Standards for Landscaping Along High Image Arterial Streets (7-10). The criteria in 7-10-104 have not been met and the site layout should be examined further to provide better internal circulation, parking areas and designated display areas. Continuance, to allow for the resolutions of any issues raised at the public hearing and to allow the applicant additional time to update and revise the site plans and request. Discussion: Jody Knapp presented the application. Commissioner McEwen asked Jody to remind him what the streetscape requirement is for the subject property. Jody explained that where the property is located along a high-image arterial street, the requirement is a fifteen-foot landscaped berm, a ten-foot sidewalk, and a five-foot buffer. David Hicks, representing Malone Powersports, said about a year and a half ago, they started to have enforcement issues with meeting code, and they were looking to move their business out of the City. Mr. Hicks said that he spoke to Jody Knapp and Jeff Jackson, and they felt the City and Malone could work together to keep the business in West Valley City meeting City code. Mr. Hicks explained that ample parking at this location is essential. He said most of the internal traffic is in the middle section of the site, which is also where customer parking is. This is a huge safety concern and has caused accidents in the past. Mr. Hicks expressed their display area is also of high importance. He said the rock display is appealing to customers. He said that he worked with Jody and Jeff to develop the streetscape consisting of a 10’ setback, a 10’ sidewalk, and a 10’ display area. Mr. Hicks explained that the canal company had contacted him, and they are planning to stop the water from flowing through the canal. He said this would allow space for larger trucks to park. Commissioner McEwen said that he saw the 10’ buffer and the display area in the exact location and asked Jody if that is correct. Jody noted that most of the middle section of the buffer is the display area, and there is some landscaping on the ends of the site. Commissioner McEwen asked Mr. Hicks if he is looking for zero landscaping in the display area. Mr. Hicks said they would like as close to zero landscaping as possible, so there is low maintenance and water usage. Commissioner Lovato expressed his concern with the sidewalk being so close to 3300 South. Mr. Hicks agreed, saying it is hazardous. Commissioner Lovato said the question now is how we make this situation less of a safety concern. He then said the only problem with the display area is the weeds showing through the rocks. He would like to see that cleaned up. Mr. Hicks agreed that they could be better with maintenance.  Commissioner Porter asked Mr. Hicks if they have a master plan that shows a better flow of traffic and parking. Mr. Hicks said that they could provide a more detailed site plan. Commissioner McEwen said he would like to see the streetscape consist of a 10’ setback, a 10’ sidewalk, and a 10’ display area along with the entire site. He doesn’t feel comfortable with a 5’ sidewalk in the middle section. Thu Phan, the carwash owner across the street, said he would like to see the rock as part of the streetscape. He feels it is too dangerous for someone to landscape that area with cars traveling 50-60 mph along 3300 South. Jody wanted to recap what the Commission has asked to be provided to them. She said Mr. Hicks would give a more detailed site plan, and the Commission would like to see the streetscape be 10’/10’/10’ along the entire frontage. Jody explained that City Council is reviewing the landscaping requirement, so they will not be adding the landscaping until they get the green light from the Council. Commissioner McEwen asked the rest of the Commission if they are okay with the middle section of the streetscape having a 10’ display and a 10’ sidewalk. Mr. Hicks said that is an essential part of the site. He said customers park there, and trucks come and go from that section. He said it is already tight and does not feel he could add any more streetscape to that section. Chair Meaders asked if that will still be the case once they have covered the canal and opened up more room. Mr. Hicks said yes, that will still be a high-traffic area. Commissioner Lovato asked if there was a way to make room for a 5’ sidewalk. Chair Meaders said she would like to see a 10’ sidewalk. Jody said the space that they have for the streetscape might have some wiggle room. The issue is what the applicant wants for their master plan and what is required. Commissioner Lovato asked Jody if continuing this application would cause any significant issues. Jody said no, she feels that is the best option so we can attain more information. Motion: Commissioner Lovat moved to continue C-15-2021 to allow for the resolutions of any issues raised at the public hearing and to allow the applicant additional time to update and revise the site plans and request. Commissioner Porter seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Porter Yes Commissioner Wood Yes Unanimously – C-15-2021- Continued PLANNING COMMISSION BUSINESS Approval of Minutes from April 21, 2021 Study Meeting Approval of Minutes from April 28, 2021 Regular Meeting Approval of Minutes from May 5, 2021 Study Meeting Approval of Minutes from May 12, 2021 Regular Meeting Motion: Commissioner McEwen approved the four sets of minutes. Commissioner Wood seconded the motion. Vote: Chairperson Meaders Yes Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Porter Yes Commissioner Wood Yes Unanimously – Meeting Minutes - Approved There being no further business, the meeting adjourned at 5:01 p.m. Respectfully submitted, Kirsten Hunt, Administrative Assistant