Planning Commission Regular Meeting

WEST VALLEY CITY PLANNING COMMISSION MINUTES APRIL 13, 2022 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://us06web.zoom.us/j/88955119737. 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 Lehman, Brock Anderson, Jody Knapp, and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were 10 people in the audience GPZ-3-2022 Maria Elena Dubon 4543 and 4547 S 4000 W General plan change from non-retail commercial to general commercial and zone change from C-1 to C-2 This application was continued by the Planning Commission during their public hearing on March 23, 2022 to give the applicant time to approach the landowner to the south about sharing the existing access. Staff spoke with the applicant last week and received the following update. The applicant contacted the landowner to the south about sharing the existing access. The landowner was open to sharing the access at a cost. The applicant then spoke with her lender to see if she could borrow additional funds for the access to which the lender indicated no. The applicant told the lender that without the additional funds for the access the project would only have one access. The lender then indicated that no funds would be loaned if the project would have only one access. Given the applicant’s situation with her lender and the fact that she is under contract to purchase the property, the applicant is now requesting that her application be denied. Staff Alternatives: 1. Denial. The RB zone should remain. 2. Continuance. This application should be continued for reasons determined during the public hearing. Discussion: Steve Pastorik presented the application. He stated that during the study meeting last week, he was expecting a letter from the applicant requesting the City to deny this proposal. Steve said that he did not receive that letter. Steve noted that he did receive an email from the applicant’s realtor wanting to speak with him about this proposal. He tried to reach out to the realtor and has not heard back. Commissioner Woodruff said that he would like to make a motion based on the history Steve presented. Motion: Commissioner Woodruff motioned to deny GPZ-3-2022, the RB zone should remain. Commissioner McEwen seconded the motion. Vote: Commissioner McEwen Yes Commissioner Woodruff Yes Commissioner Fuller Yes Commissioner Lovato Yes  Commissioner Wood Yes Commissioner Winters Yes Chairperson Meaders Yes Unanimously – GPZ-3-2022 – Denied C-4-2022 Back 9 Apartments 2600 W 3800 S RM Zone (3.65 acres) This application was continued from the March 23, 2022 public hearing after the applicant requested more time to address staff concerns and comments. At the time staff prepared this report, the applicant was still working on updated plans to address the staff concerns and comments. Assuming updated plans are received from the applicant in time for staff to verify compliance with ordinance and development agreement requirements, staff will provide an update to the Planning Commission on April 13, 2022. Background This property, located directly west of Costco, is undeveloped. In August of 2019 the site received RM zoning approval, which included a Development Agreement (DA) for the project. The applicant is requesting conditional use approval to construct a 262-unit apartment development. The property is zoned RM (Multiple Unit Dwelling Residential) and is designated as very high density residential in the City’s General Plan. The project will have 2 studio units, 176 one-bedroom units, and 84 two-bedroom units. The unit sizes will meet the minimum requirements of the Development Agreement. Project Review There will be one access to the property from 3800 South. The applicant is also proposing to have some surface parking that will be accessed from the east side of the site, which is allowed by way of an access easement eagrement from the Costco property. The proposed building is 3 and 5 stories. The building along 3800 South cannot exceed 3 stories, as outlined in the DA, but will then step up to 5 stories for the back portion of the building. There will be a parking garage in the center of the 5-story section of the building, with units wrapping the parking garage. Above the garage, on the 4th floor will be a center courtyard area, and the upper two floors of the building will have units wrapping the courtyard. Parking Parking for the project will be provided by a parking garage as well as some surface stalls on the site. The parking garage will have one level below grade, and then three levels above that. The DA outlined the parking requirements for this project, which was 424 total parking spaces. The calculations were based on the following:  Unit Type Unit Count Req. Stalls/Rm Type Required Stalls 1 Bedroom 149 1.5 224 2 Bedroom 111 1.75 194 3 Bedroom 3 2 6 Totals 263 424 The unit type and count has changed slightly from what is outlined in the DA. The breakdown of unit type and number has been adjusted: Unit Type Unit Count Req. Stalls/Rm Type Required Stalls Studio 2 1.5 3 1 Bedroom 176 1.5 264 2 Bedroom 84 1.75 147 Totals 262 414 Based on the new unit count and mix, 414 stalls are required for the project. The applicant is proposing 405 stalls. 355 stalls will be in the parking garage, and the other 50 stalls will be surface stalls on the site. The DA required 303 garage parking stalls. Site and Landscaping Public Works has reviewed the project and indicated that they will require additional right-of- way dedication along 3800 South. The property line for the parcel will need to move 10 additional feet to the north. The applicant will shift the building to have a 10’ setback from the north property line so that all parts of the building will have at least a 35’ setback from the back of curb along 3800 South, as was indicated Exhibit C of the Development Agreement. The site plan shows the 6’ required masonry wall indicated in the DA along the west property line. A pedestrian connection to the mall and Costco was required by the DA. When the Panda Express site developed, they provided a pedestrian connection from the north-east corner of the site and along the north-east side of their property. The applicant needs to continue that pedestrian connection over to the mall. There is an existing sidewalk running east to west from Costco to this site, which includes striping across the road on the west side. A sidewalk connection from the building to the crosswalk on the east side needs to be provided. The DA indicates that “the amount and location of landscaping shall be substantially like the concept plan in Exhibit C”. The applicant is now proposing two pickleball courts on the ground level next to the parking on the east side, as well as a dog park and tot lot. The amount and location of landscaping and recreation space comparable to the proposal in the DA. For other areas of the site, the landscaping shown is comparable to what was provided in the DA agreement. The current plan indicates there will be trees in the park strip. Typically, the required trees should be located between the sidewalk and the building, but the Planning Commission could allow the trees in the park strip as the applicant has proposed. To the east of the site, the Costco property has trees in the park strip, so putting the trees in the park strip here would match what has already been done. Amenities The DA required the following amenities for the project: community room with full kitchen, on site-manager, fitness room, private balconies, sports court, covered pavilions, swimming pool, barbeques, fire pit, tot lot, hot tub, bicycle storage, and a business center with Wi-Fi and computers for residents. The plans provided meet all the amenity requirements from the DA. The DA also requires an entry feature for the project, and the applicant has provided a sign proposal that meets the regulations for monument signs in the code. Architecture The materials allowed for the exterior of the building that were included in the DA are: Techlam Corten Steel, Metal Composite Panel, Vertical Corrugated Metal Cladding, Marazzi Tile and EIFS System. The applicant has proposed the following materials for the building: brick, metal panel, metal corrugated panel, stucco, and aluminum wood siding. If the Planning Commission is okay with allowing some materials not included in the DA, the types and amounts of materials should at least be comparable. The DA also requires that “all facades of the building shall be finished with the same materials and level of detail as shown for the east façade in the renderings”. The east elevation that was submitted is lacking in some of the details and materials that were proposed in the DA, and the other three elevations are also lacking. Besides needing more details and material changes, the south elevation requires at least 25% fenestration. The code also requires that there is at least 20% brick on the entire building, which is currently only around 13%. There are several things that need to be addressed for this project. The main items are:  Adjust the site plan to accommodate for right-of-way dedication. Shift the building 10’ from the north property line and meet a minimum 35’ setback for the south side of the building from the TBC along 3800 South.  Provide a sidewalk connection from the building to the striped crosswalk on the west side of the Costco site.  Update building elevations so that they are substantially like the renderings provided in Exhibit E of the Development Agreement. Specific examples of items that need to be addressed include: o Modifying the east elevation so that:  There are raised parapets over the entrances,  Additional materials/details are added to the large metal area on the south end, and o Using at least the same amount of brick on the updated elevations as there was tile on the Development Agreement renderings, o Adding additional brick so that there is at least 20% brick on the building, o Modifying the elevations so that each elevation has the same level of detail, including a proportional amount of stone, o Modifying the south elevation to add more detail/material changes and provide at least 25% fenestration. Based on the number of site and building related issues, staff recommends that the Planning Commission continue this application to give the applicant additional time to address the issues and provided updated plans. Staff Alternatives 1. Approval of the conditional use subject to the following conditions: a. The applicant shall follow the provisions in the development agreement. b. The number of required parking stalls shall be based on the proposed unit count and mix. c. There shall be a pedestrian connection on the east side of the building to the Costco site. d. The landscape plan shall be modified to match the revised site plan and all landscaped areas shall include at least 50% live plant material. e. The building materials and elevations shall be as shown in the revised plans submitted to staff on April 11, 2022, except for the south elevation, which shall be modified to include at least 25% fenestration. f. The entry feature shall be a maximum of 5’ in height. g. All requirements of affected departments and agencies shall be met. 2. Continuance, for reasons determined during the public hearing. Discussion: Brock Anderson explained that he had revised the conditions of approval for this application and asked Kirsten Hunt, Administrative Assistant, to provide the new conditions to the Commission. Brock presented the application. The Planning Commission confirmed that they had received the document. Brock stated that the applicant was told about the right-of-way dedication after submitting their plans. He said the new site plan shows the building shifted to the north, allowing room for the dedication and the required setback, and the landscape plan will be adjusted to the new building placement. Brock noted that the applicant proposes meeting the amenity requirements outlined in the development agreement. He said the development agreement states they will be using tile for one of their materials. The applicant requests to use brick instead with a comparable amount of material. Brock explained that the issues with the building elevations have primarily been addressed; however, they will need to increase the percentage of fenestration on the south elevation. He mentioned that the applicant submitted a revised plan for the entrance feature, but they need to reduce the height to five feet. Commissioner McEwen asked if they are proposing to have both left and right turns on the west side of the building. Brock said yes, they are offering full access at that location. Commissioner McEwen said that on the east side of the subject property, adjacent to the mall, it appears there will be a five-way stop. He is wondering if the City  should speak with the mall about removing the stop located in front of the parking lot. Brock said that there had been a conversation with the mall regarding this issue, and they do not intend to make any changes. Mark Garza, the applicant, addressed the Commission. He said that he appreciates the staff motivating him to provide everything needed for this proposal. Mr. Garza stated that they would meet the required percentage of fenestration on the south elevation. He said that there had been many conversations regarding traffic flow on the subject property and throughout the mall, and they intend to keep the existing configuration. Mr. Garza would favor the City discussing this issue with the mall. Motion: Commissioner Lovato motioned to approve C-4-2022, subject to the seven conditions provided during this meeting. Commissioner McEwen seconded the motion. Vote: Commissioner McEwen Yes Commissioner Woodruff Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Wood Yes Commissioner Winters Yes Chairperson Meaders Yes Unanimously – C-4-2022 – Approved C-7-2022 Hotel 5600 5626 W. Glen Eagles Dr C-2 Zone 1.89 Acres The applicant, Hotel 5600, LLC is requesting conditional use approval for a 90 room Marriott Fairfield Inn & Suites at 5626 W. Glen Eagles Dr. The property is zoned C-2, General Commercial and the West Valley City General Plan designates this area as General Commercial. The surrounding zone is C2, General Commercial to the north, east and south with RM, Multi Unit Dwelling Residential to the west. The surrounding land uses include a restaurant to the north (Banzai Teppan Yaki), commercial and retail/restaurants to the south (Five Guys) and east (Wingstop), and vacant land proposed for Townhomes to the west. This property is lot 1 of the Hotel 5600 Subdivision that is currently under review (ZSMI 20200008) and is subject to a Development Agreement from Z-7-20. The proposal is for a four-story building on a 13,395 square foot footprint. This project must comply with the Lodging Facilities standards that are set forth in section 7-7-117 of the West Valley City Municipal Code. This includes a proposed amenity package for the facility with a swimming pool, hot tub, fitness room, business center, meeting rooms and a common breakfast area. There will be 90 guest rooms with an average square footage of 566 sqft per room. The building is required to meet the Commercial Design Standards and since the primary material on the building is stucco and hardi board, a minimum of 25% of the facade will also include stone, brick and composite metal panels. The primary building entrance and porte- cochere is located on the south side of the building on Glen Eagles Dr. A total of 18% of the site is landscaped. The landscaping includes the 5600 West Streetscape along the east side. The applicant is requesting a reduction in the setback along the south (Glen Eagles Dr.) to 10’ instead of 20’, and would comply with the landscaping and berming/wall requirements set forth in 7-6-305. There will also be landscaping required along the west side of the site with a masonry wall to comply with the Development Agreement requirements. The wall masonry shall be designed to match the typical West Valley City design that has been installed along 4100 South and 2700 West, etc. Additional site improvements include a monument sign proposed for the southeast corner of the site and wall signage which is limited to 15% on the primary building first story façade and 5% on the other facades. All signage shall meet the requirements set forth in Title 11. The parking requirement for a Lodging Facility is 1 stall per room. Therefore, 90 parking stalls are required and 93 stalls have been provided. The dumpsters will be placed in a 6’ masonry enclosure that matches the building design. Staff Alternatives: Approval, subject to the resolution of any issues raised at the public hearing and the following condition: 1. The development must comply with the Commercial Design Standards and the Lodging Facilities standards that are set forth in section 7-7-117 of the West Valley City Municipal Code. 2. Signage shall comply with Title 11 of West Valley City Municipal Code. 3. Landscaping on site shall be developed per the approved plans including the 5600 West Streetscape and the reduced setback along Glen Eagles Dr. per 7-6-305. 4. This project shall comply with the Development Agreement requirements outlined in Z-7-2020 including landscaping along the west side of the site and a masonry wall to match the typical West Valley City design. Continuance, to allow for the resolution of any issues raised at the public hearing. Discussion: Motion: Commissioner McEwen motioned to approve C-7-2022, subject to the four staff alternatives. Commissioner Fuller seconded the motion. Vote: Commissioner McEwen Yes Commissioner Woodruff Yes Commissioner Fuller Yes Commissioner Lovato Yes Commissioner Wood Yes Commissioner Winters Yes Chairperson Meaders Yes Unanimously – C-7-2022 – Approved