Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES September 8, 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 Darrick Porter 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 6 people in the audience. SMI-5-2021 Crewe 2 Lot Subdivision 3588 South 5450 West R-1-8 Zone 2 Lots .42 Acres BACKGROUND Mr. Mark Garza is requesting minor subdivision approval for the Crewe 2 Lot Subdivision. The subject property currently has an existing dwelling that will be removed in lieu of two new single- family dwellings. The property is bordered on the north, east and south by existing residential uses along 5450 West and the Erin Hills PUD to the west. STAFF/AGENCY CONCERNS: Fire Department:  Existing Fire Hydrant on 5450 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 require a delay agreement for improvements along 5450 West. A discussion will be had with the City Council to determine the vision and improvements for this street. The delay agreement is subject to change.  Revisions to the plat required.  Will need to coordinate subdivision name with County Auditor's Office.  Soils report is required. Building Inspections:  Follow recommendations outlined in the soils report. ISSUES:  The applicant is the developer of the Erin Hills PUD to the west and the owner of the lots proposed in this application. The subdivision will consist of 2 lots on .42 acres. Although zoned R-1-8, both lots are approximately 9,250 square feet. During the rezoning process of the Erin Hills PUD to the west, the developer requested an exception to the frontage for these two lots. An exception was granted by the Planning Commission that each lot would be approved with 66 feet of frontage.  In addition to the frontage allowance, the developer is able to build homes in this subdivision in accordance with Section 7-11-214 of the City Code. This section allows for new homes to be built with a minimum square footage of 1400 square feet for a ramble and 1600 square feet for a two story. In addition, each home is allowed to be built with a 2-car garage in accordance with this provision.  Access to the subdivision will be gained from 5450 West. At the present time, this street is dedicated and improved with asphalt only. Although there are a few sections with curb, gutter and sidewalk, the majority of this street is void of those improvements. Staff has discussed the long-term vision of this right-of-way with the City Engineering Division. The Public Works Department is planning on a discussion with the City Council to determine if formal improvements should be required along this road. For the present time, the City will require a delay agreement for such improvements, but that could change based on the discussion with the City Council. For this application, we are moving forward with a delay agreement.  As no new single-family development has occurred near this property in quite some time, staff is unsure of any groundwater impacts. As part of the subdivision process, a soils report will need to be submitted. The report will need to address soil characteristics and ground water if any. This report will be reviewed by the City Engineering Division and Building Official.  Property to the north and south is zoned R-1-8 and will not require any special fencing. Property to the west, as already mentioned, is part of the Erin Hills PUD. They will be installing a 6-foot pre-cast masonry wall along their east boundary - west side of this subdivision.  As mentioned earlier, an existing single-family dwelling is currently located on the property. A staff understands this home was used for a training exercise by the West Valley City Police Department. The home has broken windows and could be seen as an attraction for unwelcome activity. It is staff’s opinion that this home be demolished as soon as possible  to prevent problems that occur with abandoned buildings. STAFF ALTERNATIVES: A. Grant preliminary approval for the Crewe 2 Lot 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 follow recommendations outlined in the soils report. 4. That the developer resolve all staff and agency concerns. 5. That a delay agreement be provided for future installation of improvements along 5450 West. 6. That the existing single-family dwelling be demolished as soon as possible. B. Continuance to allow the developer an opportunity to address issues raised during the public hearing. Discussion: Steve Lehman presented the application. He mentioned that the existing development agreement includes square footage requirements for the homes. Steve said that the developer would most likely add basements to the structures where the square footage requirement increases significantly without a basement. Steve explained that the developer would need to work with the building official regarding a groundwater investigation to ensure that basements can be built on the subject property. Steve noted that the Public Works Department will have a conversation with the City Council to see if they will want improvements on 5450 West or not. Steve said this would help to determine what would happen with the delay agreement. Mark Garza, the applicant, said that Steve covered everything in his report, and he is aware of the requirements. He stated that he does not see any issues with complying with all of the conditions. Motion: Commissioner Winters motioned to approve SMI-5-2021 subject to the six staff alternatives. Commissioner McEwen seconded the motion.  Vote: Commissioner Fuller Yes Commissioner McEwen Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner Winters Yes Chairperson Meaders Yes Unanimously – SMI-5-2021 – Approved. PUD-3-2021 Cottages at Pearce Farm PUD 6765 West 3500 South RM Zone 65 Units 10 Acres 6.5 Units/Acre BACKGROUND Mr. Greg Larsen is requesting preliminary approval for a residential community to be known as the Cottages at Pearce Farm. The subject property was rezoned in May 2021 from the A zone to the RM zone. The subject property is bordered on the east by existing single-family zoning, the south by property zoned agriculture, the west by 6800 West and the north by 3500 South STAFF/AGENCY COMMENTS: Public Works Department:  Authorization required of ditch/water users for any abandonment, relocation, piping or any other modifications to existing ditches or irrigation structures.  Contact Salt Lake County Auditor’s Office for approval of street names and subdivision names.  Dedication and improvements required along 3500 South and 6800 West as described in the development agreement.  Ensure that grade difference at property lines are minimalized.  Revisions to plat required.   Flood control, drainage, and other issues associated with 6800 West be coordinated with Public Works. Utility Companies:  Standard Utility Easements required. Granger Hunter Improvement District:  Project is subject to all requirements and design standards of the water district. Fire Department:  Proposed fire hydrant locations need to be shown on subdivision plat.  Project shall meet all provisions of Fire Code relating to this type of development. Building Division:  Soils report will be required. ISSUES: Project Overview: The Cottages at Pearce Farm is a residential community for senior living which will consist of 65 units on 10 acres. This equates to an overall density of 6.5 units per acre. A club house is also proposed for the site and will be located toward the center of the project. Residential units will be one story in height. Based on the development agreement, 25% of all units will have a bonus room above the garage. The developer is proposing units with a minimum size of 1500 square feet. All units will have a two-car garage of approximately 400 square feet and a drive space in front of the garage for parking. Building architecture is virtually the same that was shown to the Planning Commission during the rezone application but has been refined. Materials will be stone/masonry products and fiber cement. All units will have a private patio that is accessible from the dining/living room area within the dwelling. The developer is proposing craftsman/bungalow architecture with each having multiple elevations. The developer has also proposed multiple colors schemes to be used throughout the project to add variety. As mentioned previously, all units will have a 2-car garage with parking in front of the garage. In addition to the garage and driveway spaces, the developer is providing guest  parking in and through the project as well. At the present time, the site plan is showing a total of 273 parking spaces which equates to 4.2 spaces per unit. Other topics related to this project: Access: Access to the subdivision will be gained from 3500 South and from 6800 West. The developer will be coordinating access and improvements along 3500 South with UDOT. A main entrance will be gained from this access and will have a landscaped median as you pull into the development. In addition, signage identifying the project will also be located at this point. A second access point will be gained from 6800 West. According to the development agreement, the developer will be piping the center running ditch, burying the power lines, installing curb, gutter and sidewalk along the east side of 6800 West and installing 24-feet of pavement on the east side of the street. The improvements along this right-of-way will extend out to 3500 South. The project itself has a looped street system which will satisfy the fire department for access and maneuverability. The right-of-way width for the internal street will be 26 feet of asphalt. A sidewalk is located along the interior portion of the private road with various crossings. Per City policy, gutters are not allowed to be counted towards the asphalt width. Staff will coordinate this with the City Engineering Division and developer. Building Setbacks: Setbacks for this project are illustrated on the site plan. According to the RM zoning standards, the perimeter setbacks are required to be 20 feet. According to the site plan, setbacks along the perimeter of the development range in size from 20-30 feet. As the site continues to be reviewed and refined, setbacks may change, but a minimum of 20 feet is required. For those units that may have a loft and are taller than 25 feet, which is unlikely, but possible, an additional setback would be required for those buildings if located along the perimeter boundary of the subdivision. Site Amenities: The developer is proposing a number of amenities for this project. At the present time, the applicant is proposing a club house of approximately 2,800 square feet with a kitchen, fitness center and gathering area, and either a pool or pickleball court will be constructed. A walking path around the perimeter of the development is also proposed. Although not an amenity listed in the development agreement, each unit will have a private courtyard or patio space with access from the dwelling as well. Fencing: During the rezoning process, the developer agreed to install a 6-foot masonry wall as you enter the project and vinyl siding around the remaining sides. The design of the wall and fence has yet to be selected but will be evaluated during the final plat application. Grading: The site slopes downward from south to north a vertical distance of 25 feet. Although the site looks relatively flat, there is a good amount of slope over a distance of 700 feet. Although the slope is gradual, staff does have some concern that adjacent properties are not impacted by any grade differential at property line. To help lessen this problem, the developer will be installing a retaining wall along the south boundary of the subdivision. The engineering division will review the existing grade and proposed grading plan to ensure that water runoff will not be a problem for adjacent properties. Staff understands that some elevation change is to be expected for drainage and sewer requirements, but staff’s expectation is that the site will have a similar grade as it does today when finished. Measures shall be taken to eliminate significant grade differences at any property line and fill shall be limited to help with this potential problem. Landscaping: While landscaping is generally addressed at the final plat stage, staff would like to mention a few things at this point in the review process. The overall open space requirement is 50%. During the rezone, the developer received a reduction in the open space requirement to 48%. Staff will work with the developer to define what is needed for the project landscaping as this moves through the subdivision process. A landscaping and irrigation plan will need to be submitted prior to final plat review. As part of this project, a main entry will be gained from 3500 South. The developer plans on landscaping this area with a median and landscaping on both sides of the entry. A monument sign will be located in this area. Staff will work with the applicant to provide a landscape plan for all areas of the project including the entrance to the subdivision. Lighting: The project site will require streetlights along 3500 South and 6800 West consistent with current City lighting standards. Internal lighting will also be required. The developer can choose to use similar lighting, but on a smaller scale, or choose a different light to fit the project. The developer is still deciding how to light the sidewalk areas and open space areas within the project. An overall lighting plan will be provided during the final plat application. Garbage Collection: The development has been designed with a good street pattern. The developer will need to coordinate with a waste management company for the collection of garbage. Due to the length of some drive courts, residents may need to place their garbage cans along the private street for this purpose. STAFF ALTERNATIVES: A. Grant preliminary approval for the Cottages at Pearce Farm PUD subject to the following conditions: 1. That the developer resolve all staff and agency concerns. 2. That the Planned Unit Development be subject to the development agreement reviewed and approved during the rezoning process. 3. That 3500 South and 6800 West be dedicated and improved according to plan and profiles approved by the Public Works Department. 4. That the developer provide an overall landscape plan to be reviewed during the first phase of the final plat process. Said landscaping plan shall provide measures to ensure water conservation techniques will be used in accordance with City ordinances. 5. That all requirements of the West Valley City Fire Department be satisfied regarding access and fire protection. 6. That the developer resolve any issues regarding irrigation ditches and irrigation water that may be in use. 7. That compliance be made with Granger Hunter Improvement District regarding water line extensions, connections, water rights and fire protection. 8. That the subdivision name and street names be approved by the Salt Lake County Auditor’s Office. 9. That building setbacks and height be in accordance with the site plan reviewed by the Planning Commission. Slight modifications to those setbacks may be made if necessary, as determined by subsequent site plan review, but a minimum setback of 20 feet is required along the perimeter. If buildings exceed 25 feet in height, the buildings shall be setback per City ordinance. 10. That specialty lighting be provided throughout the entire development. Said lighting will be reviewed during the final plat.  11. That the project site contain 48% open space. 12. That a soils report be submitted prior to final plat submittal. 13. That the grading and drainage plan be reviewed by the City Engineering Division. Measures shall be taken to eliminate significant grade differences at any property line and fill shall be limited to help with the same. B. Continuation, in order for the developer to address issues raised during the public hearing. Discussion: Steve Lehman presented the application. Steve stated that the development agreement states either a pool or pickleball court is a required amenity, and the applicant is still thinking about which would be the best addition. Steve explained that the topography of the subject property would require a modification to the proposed walking path; however, the trail will still be an added amenity. Greg Larson, the applicant, said that Steve did a great job with his presentation, and he has enjoyed working with him. Mr. Larson said that he would answer any questions that the Commission may have. There were no questions for Mr. Larson. Angela, an adjacent homeowner, addressed the Commission. She wanted to know what type of fence was being proposed because she was worried about possible noise disturbance. Steve explained that the entrance to the subject property would have a masonry wall on either side so, that wall will be between the subject property and her home. Angela asked Steve how close the wall would be to her house. Steve said the wall would be on the property line. Angela asked if the fence would be six feet in height. Steve explained that the wall would be three feet at the front of the access, for twenty feet, to ensure that cars exiting or entering the site can see pedestrians walking and then rise to six feet. He stated the rest of the fencing would be a six-foot vinal fence. Motion: Commissioner Woodruff motioned to approve PUD-3-2021 subject to the thirteen staff alternatives. Commissioner Fuller seconded the motion. Vote: Commissioner Fuller Yes Commissioner McEwen Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner Winters Yes Chairperson Meaders Yes  Unanimously – PUD-3-2021 – Approved. CA-7-21 Malone Powersports Expansion 1331 West 3300 South M Zone (2.14 Acres total/Exp .86 Acres) The applicant, Malone Powersports, is requesting a conditional use for expansion of a recreational vehicle facility at 1331 West 3300 South. 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 and south, and an additional Malone Powersports facility to the west. This property is located within the Jordan River Overlay Zone (JROZ). The use is considered “Motorized Outdoor Recreation Equipment” and is currently prohibited in this overlay zone. However, per 7-14-203, existing businesses may continue and can expand with approval by the Planning Commission. This property was originally approved for redevelopment and expansion for Highland Golf in 2019 (C-15-19). This approval included demolition of an existing building on site and construction of a new building that is currently being built. The 3500 South Streetscape is also being updated to comply with City Code. The rear portion of the site was to remain gravel for golf cart storage. At this time Malone Powersports would like to expand further and improve the south portion of the lot as well. This area will be hard surfaced and used for inventory storage. Upon approval of the use expansion there will also be some updated plan submittals required. There will be some modifications to the overall grading and drainage for the site. The internal design of the building was also modified to remove the second story mezzanine so updated building plans will be required. The site landscaping has been increased from 9% to 14% (5% min is required) so updated landscaping plans will also be reviewed. There is currently a multi-tenant pole sign on the property that was used for Highland Golf and Plaza Cycle. Both of these uses no longer occupy the site and this is now a single tenant user so the pole sign will be removed. There is a canal on the west side of this site that will remain, and no internal connection shall be provided between this lot and the adjacent Malone Powersports lots. Any unimproved areas shall be maintained free of weeds. 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 per the approved plans. 2. An updated landscaping plan must be submitted with a minimum of 5% of landscaping on site. This includes the 3500 South streetscape improvements set forth in 7-10. 3. The back storage area must be hard surfaced and maintained free of weeds. 4. There shall be no storage or use on unimproved areas. 5. All customer and employee parking and maneuvering areas must be hard surfaced. 6. All fencing shall be maintained, and only approved fencing materials shall be used. 7. Signage shall meet the standards set forth in Title 11 of the WVC Municipal Code. 8. Any dumpsters provided on site must meet the requirements set forth in 7-2-118. 9. Must meet the requirements of all affected departments and agencies. 10. 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. Cal Johnson, the Civil Engineer for this project, said that they have decided to pave the back of the building as opposed to adding gravel. Mr. Johnson did not have anything else to add and said he would answer any questions. Motion: Commissioner Lovato motioned to approve CA-7-2021 subject to the ten staff alternatives. Commissioner Fuller seconded the motion. Vote: Commissioner Fuller Yes Commissioner McEwen Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner Winters Yes Chairperson Meaders Yes Unanimously – CA-7-2021 – Approved. C-18-2021 Kim Plaza 1778-1816 West 3600 South C-2 Zone (1.23 Acres) The applicant, Greg Steffensen Architect, is requesting conditional use approval for a retail shopping center building at 1778-1816 West 3600 South. This property is zoned C-2, General Commercial, and the West Valley City General Plan designates this area as General Commercial. The adjacent property to the north is zoned A, Agricultural and C2, General Commercial with the remaining areas C-2. The surrounding uses include auto service and single unit residential development to the north with similar office/retail uses to the west (Kim Heang Market), a Sonic restaurant to the east, State Trailer Supply and Ray Hour Chiropractor to the south. This site is Lots 14-16 of the Plaza 3600 Business Park which was approved by the Planning Commission in 1998 (C-26-98). Access to the site is gained off of 3600 South, which is a private road. The original approval specified that each development must be reviewed as a separate conditional use before the Planning Commission since the tenants were not known at the time of the overall approval, furthermore this particular use is also listed as a conditional use in the C-2 zone. The proposed development for the site is a 7-unit multi-tenant building with a mix of retail and restaurant uses. The proposed building will be approximately 47,465 sq. ft. There shall be no outside storage. The parking for the site has been calculated for the proposed mix of uses, including two potential restaurant tenants. The tenant mix and parking counts shall be monitored as the units are developed to maintain the required parking. The building will be constructed out of masonry block with a mixture of metal panels, wood veneer, concrete panels, stucco and metal architectural awnings. The building design must comply with the Commercial Design Standards. The north side of the building will be partially visible to the public due to the location of the adjacent residential buildings and a stub street (Shafer Lane) so staff recommends that the visible portions also comply with the secondary façade requirements in the Commercial Design Standards. The landscaping on site must meet the 15% minimum area as required in the C-2 Zone. The landscape plan indicates 15% has been provided. The landscaping/setbacks along the frontage of this parcel were approved as part of the original overall shopping center landscaping concept. This includes a minimum setback for the building of 40’ from the property line, which is the center of the private road, as well as a 7-foot landscaped setback for the parking to provide an area for street trees that were originally planted when the roadway was improved. The site will also have a 5’ strip of landscaping adjacent to the parking lot on the east and west sides and a 10’ wide landscaped area to the north. These areas must all include 50% live plant material and trees. Since the property is partially adjacent to residential a 6’ tall solid masonry wall is required. There is an existing unfinished masonry block wall that will be painted/refinished to match the building. A similar masonry enclosure will also be constructed around the dumpster located on the site. A lighting plan has been provided. Staff will work with the applicant to ensure that the site complies with the standards set forth in the West Valley City Code including the light levels adjacent to residential uses. The applicant has indicated that the wall mounted lighting on the north side of the building are security lights so they will not be on at all times and there will be shields installed to direct the light away from the adjacent property. Only wall signage is proposed for this site. All signage shall comply with the West Valley City Sign Ordinance, to include no more than 15% signage on the front building face, and 5% on the remaining sides, and no more than 50% of the window area shall be covered in signs. A building permit must be issued for all signage. Ground signage has not been proposed at this time. Staff Alternatives: Approval of the conditional use for a shopping center subject to compliance with all of the City’s zoning ordinances and the following: 1. The landscaping must be completed per the approved site plan and in accordance with applicable standards in the West Valley City Municipal Code including but not limited to a minimum 40’ front building setback measured from the front property line and a 7’ wide landscaped area along 3600 West with trees per C-26-98. 2. The building must be designed in accordance with the Commercial Design Standards which shall include secondary façade treatments on the visible portions of the north side of the building. 3. There must be adequate parking on site for the proposed tenant mix. 4. A 6’ masonry wall shall be required along all residential zone boundaries. The wall shall not be unfinished concrete block and must be painted or finished to match the adjacent building. 5. The dumpster location shall be at least 20’ from any residential boundary and completely secured with a 6’ tall masonry enclosure. 6. All lighting shall be designed per Title 7 and not negatively impact adjacent residential uses. 7. All signage must comply with the West Valley City Sign Ordinance. 8. Must meet requirements of all affected departments and agencies and is subject to review upon valid complaint. Continuance for reasons determined in the meeting. Discussion: Jody Knapp presented the application. Jody stated that the north side of the building adjacent to the residential property would be the secondary façade and will need to meet those requirements. She said they are proposing to keep as many of the existing trees as possible, and if they remove any trees, they will replace them. Jody stated that the security lights on the outside of the building would not be on all the time, and they would have a shield to direct the light down, away from the adjacent residential properties. Commissioner Fuller pointed out that there is a piece of property between the subject property and Sonic. He asked Jody if she knew of any potential uses for that lot. Jody said that she believes that Sonic owns the property, and she isn’t aware of any plans. She said that code enforcement worked to clean it up and keep it free of parking. Motion: Commissioner McEwen motioned to approve C-18-2021 subject to the eight staff alternatives. Commissioner Winters seconded the motion. Vote: Commissioner Fuller Yes Commissioner McEwen Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner Winters Yes Chairperson Meaders Yes Unanimously – C-18-2021 – Approved. PLANNING COMMISSION BUSINESS Approval of Minutes from July 21, 2021 Study Meeting Approval of Minutes from July 28, 2021 Regular Meeting Discussion: Chair Meaders asked to have her name replaced with Commissioner McEwen for who called the meeting to order on the July 28, 2021 Regular Meeting Minutes. Motion: Commissioner Fuller moved to approve the minutes for July 21, 2021 and July 28, 2021 subject to the correction by Chair Meaders.  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 21, 2021 and July 28, 2021 – Approved There being no further business, the meeting adjourned at 4:36 p.m. Respectfully submitted, Kirsten Hunt, Administrative Assistant