Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES July 28, 2021 The meeting was called to order at 4:01 p.m. by Commissioner McEwen 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 Clover Meaders, Martell Winters, and 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 10 people in the audience. GPZ-13-2021 Brian Pitcher 4270 S 4060 W and 4312 S 4000 W General Plan change from low density residential to light industrial and zone change from R-1-8 to M 1.81 acres Brian Pitcher, the owner of the subject parcels, has submitted a General Plan/zone change application for two parcels totaling 1.81 acres at 4270 S 4060 W and 4312 S 4000 W. The property is currently zoned R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 square feet) with a General Plan designation of low density residential (3 to 4 units/acre). The proposed zone is M (manufacturing) and the proposed General Plan designation is light industrial. The two parcels are surrounded by R-1-8 zoning on all sides. Surrounding land uses include single unit dwellings to the north, single unit dwellings and a mobile home park to the west, a mobile home park to the south, and an auto repair business and single unit dwellings to the east. The subject property includes a triplex, a 12-unit mobile home park, and 12 storage units. According to County Assessor records, the triplex was built in 1950, the mobile home park was built in 1960, and the storage units were built in 1962. Zoning was first adopted in this area in 1965, so no zoning was in place at the time the existing uses were constructed. None of the existing uses conform with the existing R-1-8 zone. The applicant is requesting the M zone to redevelop the property into storage units, which are referred to as self-storage facilities in the ordinance. The attached concept plan and application materials from the applicant provide details on and support for the proposed project. To accommodate a concept similar to what the applicant is proposing, a development agreement would be needed to eliminate the required 20’ setback required between buildings in the M zone and adjoining residential uses. The City’s Board of Adjustment has granted variances for several storage unit projects so that the buildings could be built on the property line of adjoining residential properties. Examples of these storage unit projects are located at 1656 W Whitlock Avenue, 4667 S 4800 W, and 5443 S 6055 W. The idea behind these variances was to prevent the creation of spaces that are difficult to maintain and that attract inappropriate activity since they are largely hidden from view. The large building shown in the concept plan on the west end of the property is problematic in that it does not have appropriate fire access. The applicant is working on an alternative concept plan to address this issue. Normally, staff would not recommend new M zoning that is surrounded by R-1-8 zoning. However, in this case, staff believes M zoning may be appropriate here for the following reasons:  As pointed out by the applicant, the existing uses are run down. The M zone would facilitate redevelopment. Based on the assessed value of existing storage unit projects within the City, the resulting storage unit project would likely double the value of the property.  Redevelopment of the property into single unit dwellings that would comply with the current zoning is, in staff’s opinion, unlikely. This is due to the irregular shape of the property and the high value of the land relative to vacant property that would typically be purchased by a developer to build homes.  Of the 26 storage unit developments in the City, 14 of them are adjacent to residential. Hence, it is not unusual to have storage units next to residential. A map of the existing storage unit developments within the City is included for reference.  While the M zone allows for uses that could be problematic next to residential, a development agreement could be used to prohibit all uses except storage units at this location.  A few years ago, storage units were allowed in the C-2, C-3, LI, and M zones. However, a City initiated ordinance revision adopted by the Council in 2019 limited storage units  to the M zone only. In other words, the M zone is now the only option for storage units.  Given the neighboring residential uses, a conditional use permit would be required for a storage unit project should the zoning be changed. Staff Alternatives: 1. Approval. This application should be approved subject a development agreement that incorporates the following standards: a. Only a self-storage facility shall be allowed on the property. b. Assuming fire code standards can be met, storage unit buildings may be built on the property lines adjoining residential uses. All of other ordinance requirements shall be met. 2. Continuance. This application should be continued for reasons determined during the public hearing. 3. Denial. Manufacturing zoning should not be placed adjacent to residential uses. Discussion: Steve Pastorik presented the application. Steve explained that the applicant is requesting the zone be changed to M (manufacturing) because that is the only zone that allows storage units. He explained other uses permitted within the manufacturing zone could be limited through a development agreement. Steve stated that if the zone change is approved, a conditional use permit will be required. Commissioner Fuller asked about making sure to limit the use and also limit the height. Steve said that is a good point, and we could have that be a provision of the development agreement. Steve noted that he had received two emails from residents living in the subject area in opposition to this proposal. Brian Pitcher, the applicant, stated that he met with the fire department earlier today and developed an access design. He noted that the fire access would restrict the height of the building, allowing for only one floor. Mr. Pitcher explained that there would be a cinder block wall built between the subject property and the auto repair shop. He wants to work with the City and his neighbors to create a fair project for everyone. Commissioner Fuller asked Mr. Pitcher if he had said the height of the back wall would be about fifteen feet. Mr. Pitcher noted that he believes that is correct. He explained that his architect had proposed a fifteen footwall to the fire chief, and they will make sure to meet the City requirements. Shannon Webber, a neighbor, addressed the Commission. She said that she favors this project and would like to see a tall storage building developed on the subject property. Mrs. Webber would like to make sure that she can keep her irrigation water and would appreciate the City keeping that water available. Necia Christensen, a neighbor, explained that she has grown up in this neighborhood and wanted to emphasize how vital irrigation water is. She explained that the irrigation ditch runs under the subject property and will need to be protected during development. Mrs. Christensen gave an example of an irrigation ditch that was removed in the area resulting in thousands of dollars in damage. She stated the residents need the water even more now where there is a drought. Linda Anderson, a resident, expressed her concern about this proposal to change the zoning of the subject location to manufacturing. She said that she is not in favor of developing a tall structure and would like the building to be kept one level. Mrs. Anderson feels the adjacent residents will not enjoy the view of a storage building developed on the property line. Mrs. Anderson has property on 4000 West that her heirs want to preserve. She stated that she would like the area to be void of manufacturing businesses and increased traffic to keep their current way of life. Clint Webber lives adjacent to the subject property. He is opposed to this proposal. Mr. Webber stated that there is a space between his property and the mobile homes currently located on the subject property. He explained that people are driving in and out all the time, and he also believes there is potential for unwanted behavior. Mr. Webber stated that moving the mobile homes to abut his property line would eliminate issues with the irrigation and the unwanted traffic. Steven Cable, a neighbor, wanted to address the concern with irrigation. He explained that there has already been damaged to the irrigation ditch by large trucks driving over it. Mr. Cable would like to see this issue addressed. Brian, the applicant, started to ask members of the public questions to help ease their concerns. Commissioner McEwen suggested they get together after the meeting to discuss these issues further. Steve Pastorik said that he had just received a map from Public Works depicting the irrigation line and the storm drain line. He stated that having more time to return to the Commission with a more detailed concept plan considering the irrigation and storm drain would be beneficial. Commissioner Fuller asked if Steve is looking for a continuance. Steve said that if the Commission is not considering approval of the zone change, a continuance would not be needed. However, if the Commission feels this is a good fit, continuing this proposal would allow time to resolve some of the issues raised at the meeting.  Commissioner Woodruff said that he does not see a better use for this property. Motion: Commissioner Woodruff moved to approve GPZ-13-2021 subject to a development agreement that incorporates only a self-storage facility will be allowed on this property, all fire code standards can be met and all of the other ordinance requirements shall be met. Steve stated that the option for the buildings to be on the property line would be an exception and asked if the Commission would like to include that in their motion. Commissioner Woodruff modified his motion to include that the storage unit buildings may be built on the property lines adjoining residential uses. Commissioner Fuller asked if they needed to include the height restriction as part of the motion. Steve said it can be added to the motion or it could be addressed as part of the conditional use. Commissioner Woodruff made a second modification to his motion to include that the walls abutting the adjacent properties will not be taller than 12 feet. Commissioner Fuller seconded the motion. Vote: Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimously – GPZ-13-2021 - Approved C-15-2021 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 due to site constraints and an outdoor display request per 7-7-118. This item was continued from the July 14th hearing to allow more time for the applicant to update the site plan and provide additional information. 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 Volkswagon auto service center to the west. They will use the Highland Golf area for service/offices and the existing Malone Powersports building for sales/parts. The auto service building is not within the overlay zone and does not have an intended use at this point. The current lease expires this month so that area will be cleaned out and used for storage and additional parking 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, is looking to cover/abandon the canal to provide better access and circulation internally and parking for larger trucks and trailers. The final canal design and process is being coordinated with the Canal Company. The back southern 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 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 concerns and a proposal for display areas, the applicant is requesting an exception to the streetscape as follows: Segment 1: Opt A: A 10’ landscaped area with a 10’ sidewalk and a 10’ display area. Opt B: Comply with the 7-10 standards of a 15’ landscaped area a 10’ sidewalk and a 5’ landscaped area and provide display behind the streetscape to accommodate additional parking. Segment 2: Opt A: A 10’ landscaped area with a 5’ sidewalk. Opt B: A 10’ landscaped area with a 10’ sidewalk. Opt C: Comply with the 7-10 standards of a 15’ landscaped area a 10’ sidewalk and a 5’ landscaped area. The parking stalls would need to be relocated and no display would be provided. Segment 3: Opt A: A 10’ landscaped area with a 10’ sidewalk and a 10’ display area. Opt B: Comply with the 7-10 standards of a 15’ landscaped area a 10’ sidewalk and a 5’ landscaped area and provide display behind the streetscape to accommodate additional parking. UDOT has 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. The canal parcel would be consolidated with this lot and covered and the streetscape would continue along the extents of this parcel. 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 permitted in the landscaped areas and all landscaping would need to be re-installed and repaired as originally required. See C-59-86 and the WVC Municipal Code. 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. The Highland Golf pole sign will need to remain multi-tenant and display tenants that are currently operating on site or it will be considered abandoned and will need to be removed. Staff Alternatives: Approval, 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 the canal and the original Highland Golf site. 2. Segment 1 shall be designed as follows: a. A 10’ landscaped area with a 10’ sidewalk and a 10’ display area.  b. Comply with the 7-10 standards of a 15’ landscaped area a 10’ sidewalk and a 5’ landscaped area and provide display behind the streetscape. 3. Segment 2 shall be designed as follows: a. A 10’ landscaped area with a 5’ sidewalk. b. A 10’ landscaped area with a 10’ sidewalk. c. Comply with the 7-10 standards of a 15’ landscaped area a 10’ sidewalk and a 5’ landscaped area. The parking stalls would need to be relocated and no display shall be provided. 4. Segment 3 shall be designed as follows: a. A 10’ landscaped area with a 10’ sidewalk and a 10’ display area. b. Comply with the 7-10 standards of a 15’ landscaped area a 10’ sidewalk and a 5’ landscaped area and provide display behind the streetscape. 5. All existing landscaped areas must be improved per the plans or repaired and replaced with live plant material per the City Code. 6. All buildings must be maintained. 7. Signage shall meet the standards set forth in Title 11 of the WVC Municipal Code. 8. Must meet the 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 and to allow the applicant additional time to update and revise the site plans and request. 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. Discussion: Jody Knapp presented the application. Commissioner Woodruff asked if the property to the west meets the streetscape requirements. Jody said yes. She explained this site is structured differently than the rest of the properties. David Hicks said that during the last public hearing, the Commission wanted to clarify the parking for the trailer semi-trucks and the streetscape along the middle section, directly in front of the store where there are some site restraints. Mr. Hicks said that they updated the site plan depicting the parking for the semi- trucks, and then they gave a couple of options for the middle streetscape. One option would be a 5-foot sidewalk and a 10-foot landscape, and the other a 10- foot sidewalk and a 5-foot landscape. Mr. Hicks said that West Valley City has the most to gain from this project, not Karl Malone. He explained that if this proposal is not approved, they will bring the site into compliance and the sidewalks will remain the same, and they will continue to attain videos of people getting hit by cars in front of their business. However, they will continue going forward with this project. Commissioner McEwen asked what the plans are for 1450 West. Mr. Hicks stated that this area is designated for employee parking. He explained that they did have the employees parking along 1400 West, and there were issues with people breaking into their cars. Therefore, they added parking close to the building to prevent theft. Commissioner McEwen asked Jody what the City would do if Malone chose to fix anything that is currently not up to code and stop there. Jody explained that if the exception is not granted, they could still make their expansion and all of their improvements. She explained that the canal portion would be a bit tricky. Jody believes they intend to do some type of subdivision to make the canal part of the Highland Golf property triggering the streetscape requirement for that section along 3300 South. She explained UDOT might make changes to the access point, which could affect the plan. Also, any enforcement and maintenance issues would need to be addressed. Mr. Hicks stated he had spoken to UDOT earlier today and is willing to provide more information to the Commission. The Commission voted to reopen public comment. Mr. Hicks explained that UDOT is allowing them to keep all three accesses, with one access being entrance only and another exit only. He stated UDOT told him that they would be sending an email to Jody with this explanation. Commissioner Woodruff does not see a compelling reason why an exception should be granted. He feels that the streetscape requirements are in place to incorporate the public's safety by keeping the sidewalk as far away from the traffic as possible. Commissioner Lovato stated that the only piece of the streetscape left in question during the last meeting was the middle section. Commissioner Woodruff feels that the seventeen parking stalls in front of the store might not be as critical as the applicant states, where they are expanding  the entire site. He stated the applicant could arrange the site to accommodate the required streetscape. Commissioner McEwen explained that there are five Commissioners present for this meeting. We would need four votes to approve or deny this application or continue to a future meeting. Commissioner Wood said this would be an improvement to the site, and she favors the exception. Commissioner Fuller asked Steve Pastorik if this proposal is pertaining to the streetscape and not tied to any construction. Steve asked Jody to correct him if he is wrong in his explanation. He said the first part of this proposal is for the conditional use for the expansion within the Jordan River Overlay Zone, and the exception is for the streetscape. Jody said that is correct, and the request for the streetscape exception was triggered by covering the canal. Motion: Commissioner Lovato motioned to approve C-15-2021 subject to the below options: 1. Segment 1 shall be designed as follows: b. Comply with the 7-10 standards of a 15’ landscaped area a 10’ sidewalk and a 5’ landscaped area and provide display behind the streetscape. 2. Segment 2 shall be designed as follows: b. A 10’ landscaped area with a 10’ sidewalk. 3. Segment 3 shall be designed as follows: b. Comply with the 7-10 standards of a 15’ landscaped area a 10’ sidewalk and a 5’ landscaped area and provide display behind the streetscape. Commissioner Wood seconded the motion. Vote: Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimously – C-15-2021 – Approved PLANNING COMMISSION BUISNESS Approval of Minutes from May 19, 2021 Study Meeting Approval of Minutes from May 26, 2021 Regular Meeting Vote for Chair, Vice Chair for the 2021-2022 Fiscal Year Motion: Commissioner Lovato voted to approve the minutes. Commissioner Fuller seconded the motion. Vote: Commissioner McEwen Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Wood Yes Commissioner Woodruff Yes Unanimously – Minutes – Approved Clover Meaders was voted Chair for the 2021-2022 Fiscal Year. David McEwen was voted Vice Chair for the 2021-2022 Fiscal Year. There being no further business, the meeting adjourned at 5:07 p.m. Respectfully submitted, Kirsten Hunt, Administrative Assistant