Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES August 25, 2021 The meeting was called to order at 4:00 p.m. by Chair Meaders in the City Council Chambers at West Valley City Hall 3600 Constitution Boulevard, West Valley City, UT 84119, and using Zoom at https://zoom.us/j/95328405803. WEST VALLEY CITY PLANNING COMMISSION MEMBERS David McEwen, Clover Meaders, Brent Fuller, Mathew Lovato, Darrick Porter, Martell Winters, Cindy Wood, and Harold Woodruff ABSENT WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Steve Lehman, Brock Anderson, and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were 3 people in the audience. Z-6-2021 Architectural Coalition 7035 W Gates Ave Zone change from A to M 0.43 acres Architectural Coalition has requested a zone change on a 0.43 acre parcel at 7035 Gates Avenue from A (agriculture, minimum lot size ½ acre) to M (manufacturing). Surrounding zones include A and R-1-12 (Single Unit Dwelling Residential, minimum lot size 12,000 square feet) to the south, A to the east, and M to the north and west. Neighboring uses include single family homes to the south, car sales to the north, vacant property to the east, and property in transition to the west. The subject property is designated as light manufacturing in the West Valley City General Plan. The owners of the subject property are Emanuel and Leticia Moreno who also own the two parcels to the west. These two west parcels were rezoned earlier this year from A to M to allow the owners to apply for a conditional use permit for their stucco business, Southwest Exteriors, that was operating without license in a zone that did not allow the business. The zone change was accompanied by a development agreement that limited the hours of operation from 7 AM to 10 PM, required the removal or modification of the two garages/sheds to meet setbacks, required the property to meet all of the standards of the M zone, and prohibited many of the uses allowed in the M zone. Following the zone change approval, the owners applied for a conditional use permit for the stucco business. The Planning Commission approved the conditional use permit on June 9th of this year subject to the project meeting all ordinance requirements. The plans submitted for the conditional use permit did not meet all ordinance requirements and have yet to be resubmitted. A final conditional use permit has not been issued. Also, on June 9th of this year, the owners acquired the subject property. This parcel includes a home that was built in 1959 and is still occupied by the previous owner, Deloy Winn. According to the applicant, the Morenos purchased the subject property with the understanding that Mr. Winn, who is elderly, can remain in the house for the balance of his life. Assuming this zone change is approved, the Morenos plan to redevelop the subject property along with the two parcels to the west in three phases. The first phase would involve demolishing the garage on the existing home on the west parcel that is being used as an office. A new, 2-story office building spanning all three parcels would also be constructed as part of phase 1. Renderings of the proposed office building are included with this report. Phase 2 would involve demolishing the existing home on the west parcel that is being used as an office to make room for more parking for the new, 2-story office building. Phase 3 involves demolishing the home on the subject property to add more parking. Over the last 10 years or so, the south side of Gates Avenue has gradually begun to transition from residential or vacant property to commercial or industrial uses. Along 7200 W, 7-11 was constructed in 2012 and a shop/storage building at 7079 W Gates Avenue was built in 2018. All of the property on the north side of Gates Avenue is zoned M. There are three homes remaining on the south side of Gates Avenue with the home on the subject property being one of the three. If the Commission believes this property should be rezoned to M, staff would recommend amending the development agreement approved on the two parcels to the west to address the proposed project phasing and to include the subject property. Staff recommends the following additional standards for the development agreement:  The existing home being used as an office on the west parcel shall be demolished within three years from the date of the execution of the amended development agreement.  All parking and outside storage shall be setback at least 20’ from the south property line and 10’ from the east and west property lines.  Since the amount of parking will increase from one phase to the next, occupancy within the proposed office building shall be limited proportional to the required parking provided.  As long as the home remains on the subject (east) property, no outside storage shall be allowed on the subject property.  The office building shall be built substantially like the renderings submitted by the applicant with the exception that all of the requirements in Chapter 7-11 Part 3 of the Zoning Ordinance (Commercial Design Standards) shall apply. This means that the office renderings submitted by the applicant may need to be revised as part of the site plan approval process to meet the ordinance standards.  The property owner shall submit a conditional use amendment application to amend the conditional use permit (C-13-2021) approved by the Planning Commission on 6/9/2021. The conditional use amendment application shall reflect the phased development approach outlined by the applicant in this zone change application. Staff Alternatives:  Approval. This zone change application should be approved subject to a development agreement amendment that includes the subject property and the standards recommended by staff in this report.  Continuance.  Denial. Discussion: Steve Pastorik presented the application. Steve explained that the subject property was recently purchased by the property owner of the two parcels to the west. He recapped that the owners had rezoned, which included a development agreement, the two western properties from A to M to comply with City code. Steve expressed that staff is concerned, given the history, with the site being  developed as proposed. Therefore, the staff is proposing to amend the existing development agreement to include the subject property and six additional requirements. Commissioner Lovato asked where the applicant is proposing to keep the outside storage in their final concept plan. Steve stated that it is located on the south part of the site. He explained that one provision recommended by staff is that all outside storage shall be setback at least 20’ from the south property line. So, the storage area would be between the parking and the 20’ setback. Commissioner McEwen asked Brandon Hill if there is a contract between the current resident living on the subject property and the property owner that will allow them to remain there until they pass. Brandon said that there is a legal arrangement, and this is typical with residential properties. Guil Rand, the project architect, addressed the Commission. Mr. Rand feels the proposed building will be constructed above and beyond the surrounding structures. He said he didn’t have anything to add to Steve’s presentation but he would answer any questions. Steve Pastorik asked Mr. Rand if he is aware of the six additional standards outlined in the staff report. Mr. Rand said that he is aware of them and will be discussing those points with the property owner. He does not feel there will be any issues complying with the standards. Motion: Commissioner Woodruff moved to approve Z-6-2021 subject to a development agreement amendment that includes the subject property and the standards recommended by staff in this report. Commissioner Fuller seconded the motion. Vote: Commissioner McEwen No Commissioner Lovato Yes Commissioner Fuller Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner Winters Yes Chairperson Meaders Yes Majority - Z-6-2021 – Approved SMI-4-2021 Carpe Diem Auctum Subdivision 5470 South 5600 West C-2 Zone 2 Lots 2.06 Acres BACKGROUND Ted Didas, representing the property owner, is requesting preliminary subdivision approval for the Carpe Diem Auctum Subdivision. The proposed subdivision is bordered on the north by a Chevron Gas Station and the south and west by property owned by UDOT. ISSUES: The proposed subdivision will consist of 2 lots on 2.06 acres. Each lot is approximately 1 acre in size, or 43,560 square feet. The C-2 Zone requires a minimum lot size of 20,000 square feet. Access to the subdivision will be gained from 5600 West. The applicant will be required to obtain approval from UDOT for said access. Public improvements exist along the west side of 5600 West including curb, gutter, a stamped concrete parkstrip and sidewalk. Based on a conceptual site plan, there will be one point of access for both properties. Therefore, a reciprocal access easement will be needed on the plat. The property was previously owned by UDOT. An existing pop out exists at the southeast corner of lot 2. It measures 8 feet in width by 60 feet in length. It is staff’s understanding that this is likely to be used for a future bus stop. Based on its location, it will not impede access to the subdivision. According to the plat, various easements exist for a retention pond and storm water. These easements were put in place in 1986 and 1994 respectively. They are both in favor of Salt Lake County. The developer will need to resolve these easements with the County as part of the subdivision process. Although there will be additional reviews as part of a permitted use application in the future, staff would like to note that there is a relatively large grade difference between this property and the Chevron to the north. The site will need to be graded or contoured in such a manner to accommodate the grade difference. STAFF ALTERNATIVES: 1. Approve the preliminary plat for the Carpe Diem Auctum Subdivision subject to a resolution of staff concerns noted in the analysis. 2. Continue the application for reasons determined in the Planning Commission meeting. Discussion: Steve Lehman presented the application. Steve noted a couple of items that will need to be addressed. He stated that the access to the subject property would need to be approved by UDOT. Steve said that the developer would need to make sure the existing easements on lot 1 will not cause problems during development. Steve pointed out that the developer will also need to make accommodations for the grading between the subject property and the Chevron gas station to the north. Ted Didas, representing the applicant, said he is aware of the issues addressed in Steve’s presentation. Mr. Didas stated that they are currently working with UDOT on the access to the subject location, which will be directly opposite from 5470 South. Motion: Commissioner McEwen motioned to approve SMI-4-2021 subject to a resolution of staff concerns noted in the analysis. Commissioner Lovato seconded the motion. Vote: Commissioner McEwen Yes Commissioner Lovato Yes Commissioner Fuller Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner Winters Yes Chairperson Meaders Yes Unanimous - SMI-4-2021 – Approved CA-6-2021 Ken Garff Truck Center Phase II 4770 S 5600 W M Zone (36.53 acres) The applicant, Anderson Wahlen & Associates, on behalf of Ken Garff Automotive Group, is requesting a conditional use amendment 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 for 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 will be performed in the building. In June of this year Ken Garff received conditional use approval for the truck center, which included only minimal changes to the site. At this time, the applicant is proposing a second phase for the project, which will create a large outside storage area for trucks on the south and west sides of the building. The expansion into the undeveloped areas of the site will impact 12.37 acres. The new truck storage areas will be paved with asphalt and will accommodate over 1,000 trucks. The area will only be used for the storage of truck inventory. There shall be no inoperable or junk vehicles stored on the property. The code requires that outside storage is screened from public view. Due to the existing topography, the storage areas will be screened along 5600 West and 4700 South. The applicant is proposing to add an area behind the asphalt that will function as a drainage collection area and will also be landscaped with trees, shrubs, and ornamental grasses. The areas surrounding the new pavement and landscaping will be left as existing, native vegetation. All other formal landscaped areas on the property will remain, which meets the 5% minimum landscaping requirement for the M Zone. There is an area in the south-east corner of the property that is overgrown. The section within the 20’ setback from the sidewalk shall be cleaned out and formally landscaped with 50% live plant material that does not exceed 3’ in height. The native/natural vegetation beyond the 20’ setback, in all other areas of the site, shall be mowed and maintained. Noxious plant material shall be removed from these areas. The applicant intends to install a berm along the edges of the site to create a buffer from the golf course. Any related issues shall be coordinated with the Parks Department. Additional signage is not proposed on the property with this application. 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. The site is approved for outside storage of new truck inventory only. There shall be no inoperable or junk vehicles stored on the property. 3. The 20’ area adjacent to the sidewalk along 5600 West shall be formally landscaped with 50% live plant material that does not exceed 3’ in height. 4. All native/natural landscaped areas shall be mowed and maintained, including the removal of noxious plant material. 5. Existing formal landscaped and parking areas on the property shall be maintained and kept in good condition. 6. Future signage shall comply with Title 11 of the West Valley City Code, and  a building permit shall be obtained. 7. Requirements of all affected departments and agencies shall be met. 8. 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. He stated that the applicant is wanting to work with the adjacent golf course and the Parks department to add a berm between both properties. Brock noted that he added a condition to the staff report stating that the outside storge area can only be used for truck inventory. Daniel Goodwin, with Anderson Wahlen & Associates, said it is important that they work with the adjacent golf course to keep golf balls away from their truck inventory. Motion: Commissioner Lovato motioned to approve CA-6-2021 subject to the eight staff alternatives outlined in the staff report. Commissioner McEwen seconded the motion. Vote: Commissioner McEwen Yes Commissioner Lovato Yes Commissioner Fuller Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner Winters Yes Chairperson Meaders Yes Unanimous - CA-6-2021 – Approved PLANNING COMMISSION BUSINESS Approval of Minutes from July 7, 2021 Study Meeting Approval of Minutes from July 14, 2021 Regular Meeting Motion: Commissioner McEwen moved to approve the minutes for July 7, 2021 and July 14, 2021. Commissioner Lovato seconded the motion Vote: Commissioner McEwen Yes Commissioner Lovato Yes Commissioner Fuller Yes Commissioner Woodruff Yes Commissioner Wood Yes  Commissioner Winters Yes Chairperson Meaders Yes Unanimous – Minutes from July 7, 2021 and July 14, 2021 – Approved There being no further business, the meeting adjourned at 4:24 p.m. Respectfully submitted, Kirsten Hunt, Administrative Assistant