Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES December 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 David McEwen and Darrick Porter WEST VALLEY CITY PLANNING DIVISION STAFF Steve Lehman, Brock Anderson, Jody Knapp, and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were 3 people in the audience SA-7-2021 CR England Lot 4 Amended Subdivision 4525 West 2100 South M Zone 2 Lots 9.6 Acres BACKGROUND: Rik Dunham is requesting a plat amendment of lot 4 in the CR England Subdivision. The purpose for the amended plat is to create a new lot for the expansion of an existing Dominion Energy facility. ISSUES: The CR England Subdivision was recorded in December 2013. The subdivision consisted of 4 lots south of the 2100 South frontage road at approximately 4525. A small parcel owned by Dominion Energy was not part of the subdivision but is located immediately adjacent to lot 4 in the northeast corner of the subdivision. Due to modifications that Dominion Energy is making on these small regulator stations, they are in need of expanding their existing site. Since the small parcel was not part of the original CR England Subdivision plat, they are proposing the amend lot 4 by creating a new lot of approximately 9,800 square feet. Access to the new lot will continue to be gained from the existing access along the 2100 South Frontage Road. Although access could also be gained from the existing right-of- way easement serving the other lots in the subdivision, staff recommends that they receive approval from the City Traffic Engineer regarding the point of ingress/egress to ensure proper distance from the intersection. Future expansion of the facility would be subject to a permitted use review by staff. STAFF ALTERNATIVES: 1. Approve the CR England Lot 4 Amended Subdivision subject to a resolution of staff concerns. 2. Continue the application for reasons determined in the Planning Commission meeting. Discussion: Steve Lehman presented the application. There was no further discussion.  Motion: Commissioner Fuller motioned to approve SA-7-2021 subject to a resolution of staff concerns. Commissioner Lovato seconded the motion. Vote: Commissioner Wood Yes Commissioner Fuller Yes Commissioner Woodruff Yes Commissioner Winters Yes Commissioner Lovato Yes Chairperson Meaders Yes Unanimously – SA-7-2021- Approved C-21-2021 Western Storage (Outside Storage) 6551 West 2100 South M Zone (10 acres total, 6 acres for outside storage) The applicant, Western Storage, is requesting conditional use approval for outside storage at 6551 West 2100 South. This property is zoned M, manufacturing and the West Valley City General Plan designates this area as light manufacturing. This parcel borders Salt Lake City to the north and the zoning there is OS, Open Space. Surrounding land uses include vacant undeveloped land to the north, Bland Recycling to the east, and the Western Auto Wrecking salvage yards to the west. This site was originally part of a larger salvage yard (C-60-76). In 2019, the southern 4 acres were improved for a Tow Yard (PR-12-19). The remaining 6 acres have since been cleared and cleaned up with the intent of improving the property for outside storage. The exact tenant and storage use has not been determined at this time but the attached Letter of Intent outlines the type of storage that may occupy the property, including the following:  Farm equipment, tracked vehicles, construction equipment and related tools.  Cars, trucks and other wheeled vehicles.  Recreational vehicles including trailers, ATV’s and UTV’s  Raw construction materials/supplies  Household Goods  Con-ex boxes and similar storage containers The applicant has indicated they will not permit boats, combustible materials, perishables, animals, explosives, sewage, garbage, refuse or any toxic or hazardous waste to be stored on the property. The surfacing requirements for all driving, maneuvering areas and storage for wheeled vehicles is hard surfacing. Areas that utilize tracked equipment may be on a gravel surface. The plans that have currently been submitted indicate both surfaces will be used with the access and Fire lane being paved. Public Works has discussed the drainage plan with the applicant and they have provided drainage calcs as if the entire area was paved. This will allow for some flexibility in improvements without having to modify the drainage plans based off the surfacing. The exact requirements and specifications for surfacing, access, drainage and fire protection, including hydrants, will be determined at a later date once a tenant submits a business license and more details are provided on what will be stored where on the site. There are currently no buildings proposed for the storage yard with the intent that the use would be an unmanned facility. If it is determined by the Building Department that a restroom is required those facilities must be located within a permanent structure that is connected to water and sewer. Portable/temporary restrooms are not permitted for permanent uses. The southern boundary of this site is located along the UT-Hwy 201 North Frontage Road which is a High Image Arterial. The landscaping was updated when the towing business located on site however they were not required to fully comply with all of the standards due to the valuation of the improvements at that time. There are also plans of widening this frontage road in the next 2-4 years. Therefore, WVC Public Works will be recommending a Delay Agreement for this frontage and the required improvements. The frontage along the north side, along 2100 South, will also need to be improved. There must be a minimum 20’ landscaped area installed along with the required pavement cross section and streetlights. Public Works will also be preparing a Delay Agreement for the curb, gutter and sidewalk improvements along this frontage. The outside storage will be screened from public view with a six-foot chainlink fence with vinyl slats. The fence will be setback a minimum of 20’ from both frontages. At this time no dumpster enclosure locations have been shown and no signage has been proposed. If these are proposed at a later date they will need to comply with the standards in 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 approved use for this application is outside storage. 2. All vehicles, trucks and trailers shall be stored on a hard surface. Tracked equipment, heavy equipment or materials may be stored on gravel. 3. Outside storage is only permitted in areas behind the fencing and must be screened from public view. The fencing will be chain-link with vinyl slats.  4. If restrooms are required by the Building Department they shall be located within a permanent structure that is connected to water and sewer. No temporary or portable restrooms will be permitted. 5. The existing landscaping on the south side of the site must be maintained and improved per the original plans (PR-12-19). 6. The landscaping on the north side of the site shall be a minimum of 20’ wide, include a berm, 1 tree every 30’ and a minimum on 50% live plant material not including tree canopies. 7. Must meet the requirements of all affected departments and agencies. 8. 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. Joseph Prete, the applicant’s attorney, asked Jody to clarify that the setback and the landscape requirement on the north side of the subject property are twenty feet. She said that was correct. Mr. Prete stated that he feels there is no need for restrooms on the subject property where this facility will be unmanned. He then asked Jody if this issue should be addressed at this time. Jody explained that the restroom requirement comes from the building department, and it is outlined in the plumbing code and the Salt Lake Health Department. She said the Planning Commission could not waive this requirement. It will be determined as part of the review process once we are sure what the use of the property will be. Mr. Prete said he would like to discuss the improvements on the north side of the subject property. He first explained that the applicant wanted to cooperate with the City. Mr. Prete feels that specific road improvements along 2100 South might not be reasonable at this time. He feels any pavement installation is premature at this point since the adjacent properties have not done any improvements yet and should be part of the delay agreement. Jody wanted to clarify that a delay agreement would go before the City Council, not the Planning Commission. She then explained the importance of lighting to prevent issues with illegal dumping. Jody explained to Mr. Prete that if he would like to discuss this with the City Council later, that would be possible. Mr. Prete said that he could see the need for lighting; however, he feels adding pavement would be a waste of resources at this time. Commissioner Winters said that any issues mentioned during this meeting would not be addressed by the Planning Commission, so he is ready to make a motion.  Motion: Commissioner Winters motioned to approve C-21-2021 subject to the eight staff alternatives. Commissioner Lovato seconded the motion. Vote: Commissioner Wood Yes Commissioner Fuller Yes Commissioner Woodruff Yes Commissioner Winters Yes Commissioner Lovato Yes Chairperson Meaders Yes Unanimously – C-21-2021- Approved M-2-2021 Hunter Park Plaza Landscaping Exception 3550/3556 S 5600 W C-2 Zone (1.7 Acres) The property owner is requesting modifications to the requirements of Section 7-10-103 of Title 7, Landscaping Standards Applicable to All High-Image Arterials. This property is one of many that was impacted recently by UDOT’s widening of the intersection at 3500 South and 5600 West, in connection with the Mountain View Corridor project. Both streets are subject to the regulations outlined in section 7-10 of the West Valley City Municipal Code, which defines landscaping standards for properties that have frontage on high-image arterial streets. The right-of-way improvements eliminated landscaping next to the sidewalk. The code requires a minimum of a 20’ landscape buffer adjacent to the sidewalk, but there is currently only a three to eight foot area remaining. The Planning Commission can grant a modification to the 20’ landscaped buffer requirement if the property owner can demonstrate that compliance would necessitate “elimination of improvements required by other ordinances which could not be relocated elsewhere on the site” (7-10-104(1)(b)). The three existing buildings and parking would be impacted by requiring the full buffer. The property owner is requesting an exception to the 20’ requirement. Due to the narrowness of the remaining landscaped area, staff also recommends that lawn and trees should not be required, but there shall be at least 50% live plant material. The applicant provided a landscape proposal for the frontage. Besides the existing shrubs that are in front of the middle building, the applicant is proposing to fill the remaining areas with Red Japanese Barberry. Staff doesn’t typically get too involved in plant types being proposed, but we recommend that the plan be modified. Barberry shrubs have a lot of thorns, so having them line the entire sidewalk may be problematic. Also, these shrubs are known for collecting a lot of blowing garbage and debris. Aesthetically, it would also be better to have more variety. Staff recommends that a new plan be prepared that includes at least three different shrub/plant varieties. Each separate planting area shall have an equal mix of plant types, with at least 50% live plant material. Taller plant varieties shall be closer to the building with a maximum height of 3’ for all plant varieties. Staff Alternatives Approval. Twenty feet of landscaping is not required. The landscaped areas along the frontage can remain in their current configurations and not include lawn or trees, but shall also meet the following conditions: 1. There shall be at least 50% coverage of live plant material in all landscaped areas. 2. Each separate landscaped area shall include at least three plant varieties, with an equal mix of plant types. 3. A planting plan shall be provided to the West Valley City Planning Division and approved by staff before any work is done. 4. Installation shall be completed by July 1, 2022. Continuance, for reasons determined at the hearing. Discussion: Brock Anderson presented the application. He explained that the applicant had submitted a new landscape plan this morning. Brock stated that the concern with the original landscape plan is that it only consisted of one plant variety. He noted that the newly submitted landscape plan proposes three arrays of plants. Brock mentioned that if the Commission is planning to approve the proposal as is, he recommends the staff report be modified. He pointed out that the southernmost corner of the landscape does not meet the 50% requirement, which can be added to staff alternative 1. Also, staff alternative 2 states three plant varieties are included in each separate landscaped area, and his recommendation is two plant varieties. Andrew Johnson, the applicant, stated that he is willing to comply with the City requirements. He was unsure of the conditions; therefore, this is this third submitted plan. Motion: Commissioner Lovato motioned to approve M-2-2021 subject to the four staff alternatives with the modification of alternative 2 to state two plant varieties. Commissioner Woodruff seconded the motion. Vote: Commissioner Wood Yes Commissioner Fuller Yes Commissioner Woodruff Yes Commissioner Winters Yes Commissioner Lovato Yes Chairperson Meaders Yes  Unanimously – M-2-2021- Approved M-3-2021 Subway Landscaping Exception 5550 W 3500 S C-2 Zone (0.36 Acres) The applicant, Roger Kehl, is requesting modifications to the requirements of Section 7-10-103 of Title 7, Landscaping Standards Applicable to All High-Image Arterials. This property is one of many that was impacted recently by UDOT’s widening of the intersection at 3500 South and 5600 West, in connection with the Mountain View Corridor project. Both streets are subject to the regulations outlined in section 7-10 of the West Valley City Municipal Code, which defines landscaping standards for properties that have frontage on high-image arterial streets. The right- of-way improvements eliminated landscaping next to the sidewalk. The code requires a minimum of a 20’ landscape buffer adjacent to the sidewalk, but there is currently only about a 13’ area. The Planning Commission can grant a modification to the 20’ landscaped buffer requirement if the property owner can demonstrate that compliance would necessitate “elimination of improvements required by other ordinances which could not be relocated elsewhere on the site” (7-10-104(1)(b)). The drive-thru lane for the business is next to the landscape buffer, and there is no room to relocate it elsewhere on the site. The property owner is requesting an exception to the 20’ width requirement, but will meet the other regulations of the code, which includes having at least 50% lawn and providing two additional trees, selected from 7-10-103(3). The area west of the drive approach is not included in this request. The property owner will be installing the full 20’ landscaped buffer and meeting all other provisions of the code in that section. Staff Alternatives Approval. Twenty feet of landscaping is not required. The landscape buffer east of the drive approach can remain in its current configuration, but shall also meet the following conditions: 1. At least 50% of the landscaped buffer shall be planted with grass. 2. Two additional trees, selected from 7-10-103(3), shall be added. 3. The landscaped area west of the drive approach shall meet all regulations outlined in 7-10- 103. 4. A planting plan shall be provided to the West Valley City Planning Division and approved by staff before any work is done. 5. Installation shall be completed by July 1, 2022. Continuance, for reasons determined at the hearing. Discussion: Brock presented the application. Roger Kehl, the applicant, addressed the Commission. Mr. Kehl said that Brock presented the application very well; however, there is another issue he would like to address. He stated that there were three projects UDOT took property from him this year, and the payment received from them was not enough to cover the replacement of the landscaping. He asked if there was a way for UDOT to cover the replacement expense where they were the ones to remove it. Steve Pastorik explained that staff could discuss the compensation for business owners replacing the landscaping with UDOT. Motion: Commissioner Fuller motioned to approve M-3-2021 subject to the five staff alternatives. Commissioner Winters seconded the motion. Vote: Commissioner Wood Yes Commissioner Fuller Yes Commissioner Woodruff Yes Commissioner Winters Yes Commissioner Lovato Yes Chairperson Meaders Yes Unanimously – M-3-2021- Approved M-4-2021 Speed Queen Laundry Landscaping Exception 5670 W 3500 S C-2 Zone (0.36 Acres) The property owner is requesting modifications to the requirements of Section 7-10-103 of Title 7, Landscaping Standards Applicable to All High-Image Arterials. This property is one of many that was impacted recently by UDOT’s widening of the intersection at 3500 South and 5600 West, in connection with the Mountain View Corridor project. Both streets are subject to the regulations outlined in section 7-10 of the West Valley City Municipal Code, which defines landscaping standards for properties that have frontage on high-image arterial streets. The right- of-way improvements eliminated landscaping next to the sidewalk. The code requires a minimum of a 20’ landscape buffer adjacent to the sidewalk, but there is currently only about an 18’ buffer on the east end, and then it narrows significantly on the west end of the property. The Planning Commission can grant a modification to the 20’ landscaped buffer requirement if the property owner can demonstrate that compliance would necessitate “elimination of improvements required by other ordinances which could not be relocated elsewhere on the site” (7-10-104(1)(b)). The building would be impacted if the 20’ landscaped buffer is required. The site currently has 23 parking stalls, where only 12 are required per the code. However, the applicant has indicated that most of the stalls are used throughout the day. On the east side of the building only about 2’ of landscaping would need to be added to meet the 20’ requirement. However, that would eliminate three parking stalls. On the west end of the building one parking stall would have to be removed to meet the buffer requirement. The property owner requested an exception for the full 20’ buffer along the entire frontage. In exchange for this, he offered to re- landscape the area west of the building. The issue with this is that area is part of another parcel, and that property owner should be responsible for maintaining the landscaping there. There are also other issues on the site to consider when evaluating the landscaping exception request. The drive access on the west was impacted by the road widening, and the curb and gutter were recently re-installed. Requiring the 20’ buffer here would either make for an awkward connection to the new improvements or would require that they be removed and reinstalled. However, offering a full exception to the 20’ buffer and leaving things as they are also looks unfinished. There is sidewalk in front of the building that now leads to nowhere on the west edge, and the new curb and gutter that was installed along the parking lot access ends abruptly and does not look finished. There are also two sidewalks coming towards the building from the new sidewalk along 3500 South, which is a bit unusual. There were two sidewalks coming into the site, but in a different configuration, prior to the road being widened, so staff guesses that UDOT installed two sidewalks again just because that is what was there before. Staff checked with the Building Inspection Division, and only one sidewalk is needed to meet ADA requirements. There are several different ways to approach the landscaping exception request for this property. Staff has provided five different options below for the Planning Commission to consider and make a recommendation. Staff Alternatives Option 1 Approval. Twenty feet of landscaping is not required, but the following modifications shall be made to the site as described below and shown in Figure 1. 1. The sidewalk coming into the site that is farthest west shall be removed and that area shall be landscaped. Only one sidewalk is needed to meet ADA access requirements. 2. The sidewalk that runs in front of the building shall stop at the edge of the parking on the west side. The extra concrete shall be removed, and asphalt shall be added to this section to match the parking lot. 3. New curb and gutter shall be added to match what was recently installed for the new drive access along the north edge of the landscaped buffer. These improvements can end at the edge of the sidewalk that runs along the west side of the building. 4. Landscaping shall include at least 50% lawn, except for in areas narrower than 8’ wide. 5. There shall be at least 50% coverage of live plant material in all landscaped areas. 6. Five trees shall be selected from 7-10-103(3) and be installed. 7. A planting plan shall be provided to the West Valley City Planning Division and approved by staff before any work is done.  8. Installation shall be completed by July 1, 2022. Figure 1 Option 2 Approval. Twenty feet of landscaping is not required in front of the building and on the east edge of the site. The full 20’ of landscaping shall be required past the west edge of the building and the following conditions shall also apply: 1. Landscaping shall include at least 50% lawn, except for in areas narrower than 8’ wide. 2. There shall be at least 50% coverage of live plant material in all landscaped areas. 3. Five trees shall be selected from 7-10-103(3) and be installed. 4. A planting plan shall be provided to the West Valley City Planning Division and approved by staff before any work is done. 5. Installation shall be completed by July 1, 2022. Option 3 Continuance, for reasons determined at the hearing. Option 4 Approval. Twenty feet of landscaping is not required. The landscaped areas along the frontage can remain in their current configurations, but shall also meet the following conditions: 1. Landscaping shall include at least 50% lawn, except for in areas narrower than 8’ wide. 2. There shall be at least 50% coverage of live plant material in all landscaped areas. 3. Five trees shall be selected from 7-10-103(3) and be installed. 4. A planting plan shall be provided to the West Valley City Planning Division and approved by staff before any work is done. 5. Installation shall be completed by July 1, 2022. Option 5 Denial. Except for directly in front of the building, all other areas of the site shall meet the 20’ landscape buffer requirement, and all other requirements of Title 7 shall be met. Discussion: Brock Anderson presented the application. He explained that staff had found a possible compromise for the landscaping, outlined in the staff report as option 1. Brock noted that this option would provide more landscape area and a more finished look to the overall project. Commissioner Winters asked Brock if option one would include the applicant's proposal to add landscaping along the west side. Brock said it would not be a requirement for that option, and staff can address that with the property owner. Neil Harmon, the applicant, did not have anything to add to Brock's application. Mr. Harmon thanked staff for providing an option that will allow them to keep the existing parking spots. He was glad that a member of the Commission was able to drive by the subject location to see that the parking lot was full and the need to keep all parking stalls. Motion: Commissioner Woodruff moved to approve M-4-2021 subject to the five staff alternatives. Commissioner Lovato seconded the motion. Vote: Commissioner Wood Yes Commissioner Fuller Yes Commissioner Woodruff Yes Commissioner Winters Yes Commissioner Lovato Yes Chairperson Meaders Yes Unanimously – M-4-2021- Approved PLANNING COMMISSION BUSINESS Approval of Minutes from, October 6, 2021 Study Meeting Approval of Minutes from, October 13, 2021 Regular Meeting Approval of Minutes from, October 20, 2021 Study Meeting Approval of Minutes from, October 27, 2021 Regular Meeting Motion: Commissioner Lovato motioned to approve all four sets of meeting minutes. Commissioner Fuller seconded the motion. Vote: Commissioner Wood Yes Commissioner Fuller Yes Commissioner Woodruff Yes Commissioner Winters Yes Commissioner Lovato Yes Chairperson Meaders Yes Unanimously – Meeting Minutes – Approved There being no further business, the meeting adjourned at 4:36 p.m. Respectfully submitted, Kirsten Hunt, Administrative Assistant