Planning Commission Regular Meeting

WEST VALLEY CITY PLANNING COMMISSION MINUTES JUNE 8, 2022 The meeting was called to order at 4:00 p.m. by Chair Fuller 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, Brent Fuller, Mathew Lovato, Darrick Porter, Martell Winters, Cindy Wood, and Harold Woodruff ABSENT Harold Woodruff WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Brock Anderson, Jody Knapp, and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill, Deputy City Attorney AUDIENCE There were 5 people in the audience ZT-1-2022 West Valley City A zoning ordinance text change to update the definition of hospital; prohibit hospitals in the BRP, MXD, C-3, LI, and M zones; prohibit community uses in the Decker Lake Station Overlay Zone; require windows and doors on homes within the RS zone to be Energy Star rated; and update the list of uses allowed as home occupations. City staff is proposing an ordinance amendment to: 1. update the definition of hospital; 2. prohibit hospitals in the BRP, MXD, C-3, LI, and M zones; 3. prohibit community uses in the Decker Lake Station Overlay Zone; 4. require windows and doors on homes within the RS zone to be Energy Star rated; and 5. update the list of uses allowed as home occupations. Each of these changes is addressed below. Update the definition of hospital and prohibit hospitals in the BRP, MXD, C-3, LI, and M zones Hospitals provide rehabilitation and detoxification services; however, these services aren’t specifically listed in the definition of a hospital. Adding these services to the definition of the term hospital will make it clear that providing these services make a business a hospital and not a medical office or other use. In staff’s view, hospitals are best positioned when located near the residential areas they serve and near commercial services for hospitals and their employees. For example, the Jordan Valley Medical Center West Valley Campus is located in the C-2 zone with residential uses to the north, east, and west and commercial uses along 3500 South to the south. As proposed, the C-2 and CC zones would be the zones where hospitals would be allowed. These two changes together would also limit the number of locations for rehabilitation and detoxifications services. Prohibit community uses in the Decker Lake Station Overlay Zone The Decker Lake Station Overlay Zone covers the entertainment area along Decker Lake Drive largely between 3100 South and 3500 South. As the entertainment area for the City, several of the businesses within the Decker Lake Station Overlay Zone serve alcohol. State law requires certain separation requirements between establishments that serve alcohol and community uses like schools and churches. In the past, an existing establishment that served alcohol would be allowed to continue if a community use was later placed within the required separation distance even if the establishment serving alcohol changed hands. However, recent State law changes would no longer allow such a business to change ownership if a community use was placed within the required separation distance. If this specific change is approved, it would be the only location where community uses are prohibited in the City. Require windows and doors on homes within the RS zone to be Energy Star rated The City Council wants homes built within the RS zone to meet or exceed Energy Star standards. With the exception of this proposed change, the standards in the RS zone already meet or exceed Energy Star standards. Update the list of uses allowed as home occupations Currently, subsection 7 of Section 7-7-115 states that uses that are prohibited or conditional in the C-1 zone are prohibited as home occupations. However, other home occupation regulations further limit the types of uses allowed, creating some confusion on the part of applicants. For example, the C-1 zone allows retail stores as a permitted use; however, the home occupation regulations prohibit direct retail sales from display shelves. As another example, the C-1 zone allows restaurants; however, the home occupation regulations cap the number of customers per hour to no more than two and staff is concerned that a take-out type restaurant within a home would be out of character for a residential neighborhood. For these reasons, staff is proposing to tie allowed home occupation uses with uses allowed in the RB (Residential Business) zone. The exceptions to this standard would be financial institutions and veterinary hospitals would be prohibited and artist studios and non-retail neighborhood service establishments like hair salons would be permitted. For reference, a spreadsheet comparing the permitted and conditional uses for the RB and C-1 zones is included. Staff Alternatives: 1. Approval. The ordinance should be approved as proposed by staff. 2. Continuance. 3. Denial. Discussion: Steve Pastorik presented the application. Commissioner Lovato asked if someone’s home occupation was a hair, or a nail salon would they be able to sell products pertaining to their business out of their home? Steve said the code would not allow retail products to be sold out of a home occupation. He stated that the business owner could sell their products online for the customers to purchase. Steve noted that the hair and nail salon could be an exception, but technically the answer is no. Motion: Commissioner McEwen motioned to approve ZT-1-2022. The ordinance should be approved as proposed by staff. Commissioner Porter seconded the motion. Vote: Commissioner McEwen Yes Commissioner Wood Yes Commissioner Lovato Yes Commissioner Winters Yes Commissioner Porter Yes Chairperson Fuller Yes Unanimously – ZT-1-2022- Approved Z-8-2022 Arcadia SP, Inc. 3789 South 5200 West Zone change from A to R-1-8 1.93 acres Ken Milne with Arcadia SP, Inc. has submitted a zone change application for a 1.93-acre parcel located at 3789 South 5200 West. The property is currently zoned A (Agriculture, minimum lot size ½ acre) with a General Plan designation of low density residential (3 to 4 units/acre). The proposed zone is R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 sq. ft.). Surrounding zones include R-1-8 to the north and east, R-1-10 to the west (Single Unit Dwelling Residential, minimum lot size 10,000 sq. ft.), and A to the south. As a reminder, City ordinance only allows zone changes to R-1-8 on properties less than 2 acres. Surrounding uses include single unit dwellings on all sides. The subject property includes a home that was built in 1931. The applicant has submitted a concept plan that shows the subject property being subdivided into 7 lots with 3 of the 7 being flag lots. The existing home would remain on one of the lots. The average lot size is 12,063 square feet including the stems of the flag lots and 11,280 square feet excluding the flag lots. While the 4 west lots all exceed 8,000 square feet in area, they are all below the required minimum lot width of 80’. The applicant is requesting a lot width exception in the development agreement for these 4 lots. The Zoning Ordinance requires that “All new Subdivisions involving a rezone of property, or a PUD, shall participate in a Development Agreement that addresses housing size, quality, exterior finish materials, Streetscapes, Landscaping, etc.” The applicant has submitted a development agreement proposal that is summarized below:  The minimum house size for all ramblers will be 2,000 square feet. For two story and multi-level homes, the minimum house size will be 2,500 square feet for three lots and 3,000 square feet for the other three lots.  No home will share the front elevation as another home.  All new homes will have a 3-car garage.  All new homes will have 9’ ceilings on the main level, two tone paint, and quartz or granite countertops in kitchens and bathrooms.  Exterior walls will be constructed with 2” x 6” studs.  All new homes shall be meet the architectural requirements that were in effect up until July of 2021 when the ordinance was amended to comply with changes in state law. Staff Alternatives: 1. Approval. The application should be approved as it complies with the General Plan. The approval is made subject to a development agreement that includes the standards proposed  by the applicant. 2. Continuance. 3. Denial. The R-1-10 zone would result in larger lots by reducing the number of lots to 6. Discussion: Steve Pastorik presented the application. He reviewed the standards proposed by the applicant as part of a development agreement. Steve mentioned the Commission had asked if the applicant would be keeping the trees on the subject property during the study meeting last week. He said the applicant would be addressing this question. Commissioner McEwen asked if the nine-foot ceiling is proposed on the main floor. Steve said that is what they are proposing. Commissioner McEwen said isn't that a typical height? Steve explained that there are no standards within the code regarding the height, so the applicant wanted to add the nine feet to his proposal. Commissioner Wood asked if the rambler-style homes facing the street were two thousand square feet. Steve said yes, they are proposing two-thousand feet above grade. Commissioner Lovato asked if the three-car garage is a requirement. Steve stated that the code does call for a three-car garage; however, some exceptions permit a two-car garage. The applicant wanted to note that he plans to build a three-car garage. Commissioner Lovato stated that it would be tight for a seventy-foot frontage. Steve said the home would be street-facing, but the garage could be side- facing. Commissioner McEwen said he remembers recent changes to the code regarding garages for townhomes and asked if those would also apply to single-family homes. Steve noted the has the internal dimensions for a single-family detached as 20’ x 20’. He believes it provides enough room for stairs not to infringe upon it, but he will double-check the encroachment. Ken Milne, the applicant, said the proposed homes will be similar to those of Newton Farms, incorporating standards of the RE zone. He wanted this project to complement and enhance the neighborhood. Mr. Milne stated that there would be nine-foot ceilings on the main floor and vaulted ceilings. He explained that the existing trees are large Chinese elms, and they are not good-quality trees. Mr. Milne said he could let some trees remain and plant new trees next to them. Once the new trees had matured, he would remove the elms. He stated that the existing home on the property is over one hundred years old, and he wants to preserve it. Commissioner McEwen asked how he proposes providing privacy for the individual lots. Mr. Milne said they would run fencing along the side of the homes. He noted that the houses on the flag lots would be larger than those on the street. James Rueckert, the property owner, said this land has been in the family since the 1880s, and he would answer any questions the Commission might have.  Motion: Commissioner Wood motioned to approve Z-8-2022. The application should be approved as it complies with the General Plan. The approval is made subject to a development agreement that includes the standards proposed by the applicant Commissioner Winters seconded the motion. Vote: Commissioner McEwen Yes Commissioner Wood Yes Commissioner Lovato Yes Commissioner Winters Yes Commissioner Porter Yes Chairperson Fuller Yes Unanimously – Z-8-2022- Approved C-11-2022 Castlewood Development 2940 West 3650 South Conditional use approval for a 329-unit apartment development 3.02 acres This application was continued at the recommendation of staff on May 11th and again on May 25th at the request of the applicant. Castlewood Development is requesting conditional use approval to redevelop 3.02 acres at 2940 West 3650 South into a 329 unit, 3 to 7 story, Class A apartment development. The proposed unit mix for the project is 36 studio units, 200 one-bedroom units, and 93 two-bedroom units. The majority of the property (2.94 acres) is zoned CC (City Center) and the balance (0.08 acres) is zoned R-2-8 (Two Unit Dwelling Residential, minimum lot size 8,000 square feet). The entire building is within the CC zone. The property is designated as very high density residential (over 20 units/acre) or office for most of the property and promenade/plaza for the remaining north portion in the Fairbourne Station Vision, which is part of the City’s General Plan. The property is currently vacant as the office development previously on the property was demolished in 2014. During a study meeting there were questions raised about parking and possible future improvements along 3650 South. While there are some locations on 3650 South where on-street parking can occur now, the frontage of the subject property is not one of those locations. According to the Public Works Department, 3650 South will be improved between 3200 West and 2700 West in 2024 or 2025. Planned improvements include consistent curb, gutter, and sidewalk along both sides of the street as well as a left turn lane in the middle of the street. Once these improvements are made, no on-street parking will be allowed. Project Review The first section below outlines the purposes in the CC zone and how this development accomplishes these purposes. The second section addresses the main ordinance standards (it is not a comprehensive list) applicable to this development. City Center Zone Purposes The following is a list of purposes from the CC Zone (underlined) as well as a brief description of how the apartment development meets the stated purpose:  Create a recognizable center or downtown for West Valley City. At 7 stories, this apartment development will add to the unique, urban environment in Fairbourne Station.  Encourage and direct development that supports transit. High density residential development is one of the best land uses for supporting transit.  Encourage infill and redevelopment near the future transit station by City Hall. The apartment building replaces an office development demolished in 2014 and is approximately 650’ from the West Valley Central TRAX station and 400’ from the bus hub.  Reinforce the use of public transportation by locating higher-intensity development, including employment-oriented businesses and higher density residential uses, adjacent to transit stops. This project is creating higher intensity development by replacing a low intensity, 1 to 2 story office development with 329 residential units.  Encourage mixed-use development to reduce automobile dependency and roadway congestion by combining trips and locating destinations within walking and biking distances – all interconnected with transit. This is the third residential building in Fairbourne Station that will complement the hotel, medical office building, police headquarters, and professional office building.  Provide a mix of housing types, costs and densities. This project will provide a variety of studio, 1-bedroom, and 2-bedroom layouts with varying rents. At 108.9 units/acre, the proposed density of this project exceeds that of Phase 1 of the Residences at Fairbourne Station at 78.7 units/acre and of Phase 2 of the Residences at Fairbourne Station at 69.8 units/acre.  Promote architectural and site design treatments that enhance the visual appearance of development within the Zone. With a few exceptions noted later in this report, the project meets or exceeds the City’s architectural requirements. Parking The parking ordinance allows the Planning Commission to reduce the parking standard for multi- family residential from 2 spaces per unit to 1.3 spaces per unit for studio units, 1.5 spaces per unit for one-bedroom units, and 1.75 spaces per unit for two-bedroom units if the Commission finds that the reduction is not detrimental to the surrounding area and will enhance the proposed development. The CC Zone also allows a 10% reduction to parking requirements. The applicant has submitted the attached parking study in the form of a memo from Hales Engineering to support the proposed amount of parking. The table below summarizes the parking calculations for this development. Unit Type # of Units Parking Ratio # of Stalls Required Required Studio 36 1.3 47 1-Bedroom 200 1.5 300 2-Bedroom 93 1.75 163 Totals 329 510 Minus 10% City Center Zone reduction (51) Total parking required after allowed reductions 459 Total parking proposed within structure 462 Outdoor visitor stalls 5 Amenities For a project of this size, the ordinance requires a minimum of five amenities from the list in the ordinance with at least three of the five being major amenities. This project has six major amenities (outdoor swimming pool, courtyards, clubhouse/community room, rooftop patio, fitness room, and community game room/recreation room) and seven minor amenities (outdoor fire pit/fireplace, hot tub, building lobby, package locker system, indoor bicycle storage, electric vehicle charging stations, and outdoor covered pavilion with tables and a grill). Unit Sizes The ordinance requires a minimum of 400 square feet for studio units, 600 square feet for 1- bedroom units, and 850 square feet for 2-bedroom units. The proposed studio units are each 522 square feet. The proposed 1-bedroom units range from 604 square feet to 798 square feet with the average 1-bedroom unit size being 670 square feet. The proposed 2-bedroom units range from 931 square feet to 1,622 square feet with the average 2-bedroom size being 1,102 square feet. Landscaping and Recreation Space The ordinance requires a minimum of 10% of the site area as landscaping and a minimum of 40% of the site area as landscaping and recreation space. The landscaping percentage for this project is 12.9% and the combined landscaping and recreation space percentage is 55.8%. Architecture Upon review of the latest plans against the City’s architectural requirements, the plans are deficient in three ways. First, on exterior materials, the amount of brick shown is 16.2% of the exterior and the required percentage is 20%. PVC or vinyl siding comprises 13.6% of the exterior and the ordinance only allows this material as trim, soffit and/or accent material. The applicant has indicated that the plans will be modified to address these issues. Second, the south elevation is short on relief treatments. The applicant has stated that the plans will be modified to incorporate additional recessions on the south elevation. Third, the eastern portion of the north elevation is lacking in detail. The applicant is working on some revisions to address this issue. Staff is also concerned about the look of the decorative metal screening proposed for the parking structure portion of the building. The applicant will bring a sample of this material for the Commission to see. Other Commitments In addition to addressing the architectural deficiencies listed above, the applicant has committed to the following improvements:  Fencing will be installed around all ground floor patios and will include a gate to provide residents with semi-private outdoor space. The material of the fencing will be similar to the metal balcony railings.  The existing chain link fence along the west side of the property shall be replaced with a 6’ vinyl fence.  The space between the vinyl fence along the west side of the property and the fire lane on the west side of the building will be landscaped.   The applicant will work with the City’s Parks Department to align the grade of the site with that of the adjoining park. This may require some regrading on the City’s park property, which the applicant has indicated she is willing to do along with any repair of landscaping disturbed because of the regrading. Staff Alternatives 1. Approval. This application should be approved subject to the following conditions: a. The applicant shall incorporate the items committed to, which are outlined in this report. b. The architectural deficiencies addressed in this report shall be resolved. c. Utility meters shall be placed either inside the building or on the east or west side of the building. d. As required in the City Center zone, all above ground utilities shall be relocated underground. e. The applicant shall obtain any and all necessary approvals from the City before performing any work on the City’s adjoining park. f. Assuming the neighboring condo association to the west grants permission, a vehicular connection shall be made between 3000 West and 3650 South. g. The three transformers along the west side of the building shall each be screened by planting four Blue Arrow Junipers directly south of each transformer. h. The landscape plan, floor plans, and building elevations shall be modified to reflect the new location of the parking structure entrance along 3650 South that aligns with American Drive. 2. Continuance. The outstanding items should be addressed prior to Planning Commission approval. Discussion: Steve Pastorik presented the application. He said that the applicant has a verbal agreement with the condo association regarding the access to 3000 West, and the applicant will speak about this in today’s meeting. Steve stated that several changes had been made to the elevations since the meeting last week and reviewed the proposed changes. He explained that the applicant proposes adding more brick to the north elevation, mimicking the south elevation, to meet the requirement. Steve said that the City intends to add improvements to Lancer Way in 2025 and discussed the planned improvements. He reviewed the conditions outlined in the staff report. Commissioner McEwen said he doesn’t remember the City having issues with the north connection. Steve noted that Public Works Department would prefer to have the connection for drainage and traffic flow purposes. Commissioner McEwen stated that he is struggling with the fact that this connection is a condition now, and it wasn’t before. Steve said upon closer review; it was determined this access would be recommended. Commissioner Fuller feels that access to 3000 West is essential in making this project work and should be mandatory. He would like confirmation. Steve pointed out condition 1f. that states, Assuming the neighboring condo association to the west gives permission, a vehicular connection shall be made between 3000 West  and 3650 South. Therefore, assuming they get consent, the access would need to be made. Commissioner McEwen is concerned about the City permitting high-density housing within this zone without preparing the streets or the infrastructure for the development. He feels road improvements should be finished before approving any high-density projects. Steve said that the improvements for Lester Way should start in 2025, and he thinks that would be close to when the building would be finished. He stated that the applicant might have more information on the timeframe. Chairperson Fuller again asked if we could acquire confirmation that the access would be added. Brandon Hill said the one thing we can’t do is make the approval conditional upon what a third party does. If the applicant can’t meet the requirements, then it is up to the developer to meet the condition in another way. Brandon feels that adding this as a condition of the staff report is as far as we can go regarding the access. Commissioner Lovato asked if there would be any exposed concrete. Steve said the proposed metal product should screen the concrete. Hailey Pratt stated that they have an agreement with the HOA president of the condo development, and the attorneys are now drafting the formal documents. She provided images and explanations of the proposed materials and what they would look like as part of the structure. Hailey said they are more than open to working with the materials. She feels acquiring access to 3200 will not be an issue. Commissioner Lovato asked if there would be a desire to have a solid panel because he feels it would take away from the opaqueness of the parking structure, and the silhouette is a neat feature. Steve stated that the intent was to add some variation so the Commission could include shading or coloring to meet the objective. Steve said the only concern with using the fabric material is that the City isn’t experienced with it. Motion: Commissioner Lovato motioned to approve C-11-2022 subject to the eight staff alternatives Commissioner Porter seconded the motion. Vote: Commissioner McEwen Yes Commissioner Wood Yes Commissioner Lovato Yes Commissioner Winters Yes Commissioner Porter Yes Chairperson Fuller Yes Unanimously – C-11-2022- Approved C-14-2022 Wasatch Commercial Outside Storage 1820 W 2300 S M Zone (3.01 acres) Wasatch Commercial Builders is requesting conditional use approval for outside storage on their property. The parcel is zoned M, Manufacturing, and the West Valley City General Plan designates this area as light manufacturing. The surrounding zoning is also M. Adjacent land uses include light industrial, office, and warehouse. The applicant has an office at this location and would like to use the back portion of the property as a storage yard. The applicant also leases out portions of the building to three other tenants who will use the area for storage. In 2019 the applicant received a building permit for an extensive interior remodel and some minor exterior improvements. At that time there was no change in use on the property, so site and landscaping modifications were not required. The building permit plans showed additional parking north of the building. The applicant’s intent for that area has changed, and they are now seeking outside storage approval for that space. There have been some enforcement issues on the property, mainly because there is currently no conditional use approval for storage. The outside storage area covers approximately 1.45 acres of the parcel. The applicant provided a letter outlining all the different items that are stored on the property (see attached). The applicant still needs to provide adequate parking on the property for the various uses and businesses in the building, since existing parking areas on the north have been removed. There is 10,309 sq. ft. of office space in the building and 47,367 sq. ft. of warehouse space. Per the parking requirements in the code, there needs to be a minimum of 65 parking stalls on the property. There should be adequate existing parking on the property, but the applicant needs to provide more information on the number of stalls on the west side of the storage yard and building. These stalls should be properly striped and kept clear. Outside storage is a change of use on the property to a more intense use. 7-6-303(6) of the City Code requires that when there is a change to a more intense use that any areas that do not conform to landscaping requirements on the property be brought into compliance. On the east side of the property is a public street, 1800 West. 20’ of landscaping from the property line is required next to a street. This will only apply to the outside storage area on the site where the change of use is happening. The applicant has not submitted a landscape plan at this time, but the landscaping needs to include a 20’ wide landscaped area, measured from the property line, and there needs to be at least 50% live plant material provided within that area. If the Commission is comfortable approving the use at this point, staff will work with the applicant to make sure that a landscape plan is submitted and meets all code requirements. Per 7-7-119, outside storage areas are to be screened from public view. There is existing chain link fencing along the east and north property lines. The fence on the east side needs to be moved so that it is located outside of the 20’ landscaped area. The code allows the screening to be accomplished through fencing, landscaping, building placement, topography or berming. The existing chain link fence has a mesh privacy screen on the east side. If that fence is moved to meet the 20’ setback and the required landscaping is added, then that side should be adequately screened. The north side is not directly adjacent to a public street, but the property is visible from SR-201. The easiest way to screen that side of the property is by adding slats or a screen to  the existing chain link fence. Surfacing for outside storage uses is also evaluated by the Planning Commission. There is a large area that is already hard surfaced with asphalt. The other areas are graveled or unimproved. The applicant is proposing to finish the non-asphalt areas with recycled and oiled asphalt. That surface is suitable for equipment storage and tracked equipment. Vehicles and other rubber-tired equipment should remain on asphalt. Any permanent cargo containers should also be placed on asphalt or concrete and meet the other requirements in 7-7-106(5). Staff Alternatives: Approval of outside storage on the north side of the building is granted, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. Parking for the existing uses in the building shall be provided based on the table in 7-9-104 of the West Valley City Code. 2. 20’ of landscaping, measured from the property line, shall be added on the east side of the outside storage area. Landscape and irrigation plans shall be submitted to staff for review and approval and shall meet all requirements of 7-6-303(3). 3. Screening of the outside storage area on the east side of the site shall be accomplished through landscaping and by providing either a solid fence or adding slats or other screening material to a chain link fence. The north side shall be screened by adding slats or other solid screening material to the existing fence. 4. Vehicles, cargo containers, and equipment with rubber tires shall be stored on asphalt or concrete. Gravel or recycled asphalt can be used in other areas that have equipment and materials storage or for tracked equipment. 5. Any permanent cargo containers on the property shall meet the requirements of 7- 7-106(5). 6. Requirements of all affected departments and agencies shall be met. 7. 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. Matthew Oborn, the applicant, stated that he does not feel the use of the property has changed since the original permit was issued. He explained that they did move the parking lot to the west side of the property. Mr. Oborn stated that the property was already being used for storage, and they continue to do so. Mr. Oborn stated that he is concerned about the landscaping requirement and the required twenty-foot setback. He said there is a lack of water in the area, making it difficult to water the landscaping, and the setback would not leave enough yard space for the tenants to stay at this location. Mr. Oborn pointed out the recycled asphalt that he has added to the site and explained that they opted to use recycled asphalt to save on cost. Commissioner Winters asked if his main concern was the landscaping. Mr. Oborn said that the landscaping is one concern, and the other is what can be stored on  recycled asphalt. He explained that he would be keeping equipment, such as generators and forklifts, with rubber tires, and he has been informed they cannot be stored on that type of surface. Commissioner Winters asked what the difference is between recycled asphalt and asphalt. Mr. Oborn explained that a machine grinds up the original asphalt with oil, which is rolled out very tight, so it is a tremendous improvement over gravel. Mr. Shafer, with Skyline Electric, said his company has been leasing the upper right-hand quadrant of the subject property for around ten years and have been storing the same equipment outside for that timeframe. Mr. Shafer is confused by the new requirement and would like some clarification. He stated that losing the yard space would require them to relocate their business. Brock explained that there is no indication that outside storage was ever approved. He said there might have been storage on the site, but the City did not approve it. Brock stated that changing from a parking lot for an office/warehouse to an outside storage use is a change to a more intense use, and that is what triggered the need to bring the landscaping in that area into compliance. Chairperson Fuller asked Brock if the screening on the north side is required. Brock said that outside storage should be screened from public view. However, the Commission can determine if the screening is needed on that side. Commissioner Winters doesn’t feel the landscaping is necessary but isn’t sure what flexibility the Commission has regarding that requirement. Brock stated that the applicant must request a variance from the Board of Adjustment. Chair Fuller asked Steve Pastorik how to proceed. Steve said that one option would be to approve the application, and then the applicant can apply for the variance. Motion: Commissioner Winters motioned to approve C-14-2022 subject to the seven staff alternatives and amending alternative 3 to not include screening on the north side. Commissioner Wood seconded the motion. Vote: Commissioner McEwen Yes Commissioner Wood Yes Commissioner Lovato Yes Commissioner Winters Yes Commissioner Porter Yes Chairperson Fuller Yes Unanimously – C-14-2022- Approved C-15-22 Next Step Warehouse (Light Industrial/Warehouse Complex) 3703 W. Parkway Blvd. M zone, 3.95 acres The applicant, Next Step Warehouse, is requesting conditional use approval for a multi-tenant light industrial/warehouse complex at 3703 W. Parkway Blvd. The zoning for this property is M, Manufacturing and the General Plan designation is Light Manufacturing. This property is also located in the Bangerter Highway Overlay Zone and contains an easement for the (JVWCD) Jordan Valley Water Conservancy District/Bureau of Reclamation Aqueduct. The surrounding zone is M, Manufacturing to the north, east and west with C-3, Transitional Commercial to the south and east. The surrounding uses include a print shop to the west, marketing/sales and auto services to the east currently on the same parcel, and Lake Crest Business Park to the southeast which has similar uses to what is being proposed. The requested use for this property is a light industrial warehouse complex. It would provide flex space for a variety of small business including contractors and service providers. The development would include five (5) buildings ranging in size form 8,190 sqft – 11,790 sqft for a total of 50,044 sqft. Based off the proposed uses the project would not be subject to the Commercial Design Standards however it is also located within the Bangerter Highway overlay zone which does have some architectural and screening standards. 7-14-303.DEVELOPMENT STANDARDS. Development within the Bangerter Highway Overlay Zone shall comply with the following standards: (1) Architecture. All Building elevations shall be designed such that there is equal emphasis on all sides of the Building. No Building side shall appear neglected or downgraded from the other Building sides regardless of visibility. (4) Screening. Service and loading areas shall be screened from the adjacent Arterial Streets. Service areas and loading docks shall not be visible from any of the Bangerter Highway orientations and shall also be screened with walls or appropriate Landscaping when adjacent to interior circulation Streets. The buildings will be constructed with a variety of colored and textured metal panels and block with metal awning accents. There will be large overhead doors along the front of the buildings to accommodate a variety of uses. Building C will also have overhead doors to the rear of the building to accommodate outside storage yard space along the east side. This is the only outside storage area provided on site and will be screened with a masonry wall on all sides. (Limited to 25% outside storage per 7-14-304). The rear façade of building B is oriented towards Bangerter Highway and no overhead doors are on that west façade. Staff recommends some architectural detail be added to the building and landscaping be added there due to its visibility from Bangerter Highway and the landscaping/screening restrictions in the JVWCD Aqueduct easement. This easement is 50’ wide, 25’ on each parcel, and prohibits trees and permanent structures like walls and fences. Pavement and shallow rooted shrubs are allowed. The west façade of Building E is also oriented towards Bangerter Highway so the overhead doors there will be glass to soften that building elevation. The north and south ends of all of the buildings will be a mix of split and smooth face block to provide a textured finish. Adequate parking has been proposed to accommodate a mix of warehouse and light industrial type uses. There are 84 stalls proposed which is 1 stall for every 600 sqft of building area. A warehouse use requires 1/2000 sqft and Light Industrial is 1/800 sqft. Staff will continue to monitor uses as businesses occupy the site to ensure the parking provided can accommodate the tenant mix. The landscaping along Parkway Blvd, which is a High Image Arterial, will be provided as required on site. All areas not occupied by parking or buildings shall be landscaped. There are several dumpsters provided throughout the complex. These will all be located in masonry enclosures designed to match the buildings. Signage has not been proposed at this time but they are permitted wall signs and a monument sign and all signage must meet the standards set forth in Title 11. Staff Alternatives Approval subject to any issues raised at the public hearing as well as the following conditions: 1. The buildings must be completed per the approved plans, including: a) Glass overhead doors along the west façade of Building E b) An enhanced west elevation on Building B 2. The site shall be landscaped per the approved plans including landscaping improvements along the west and south portions of the property that are visible from Bangerter Highway. 3. Outside storage is only permitted in the approved designated area behind Building C and must be completely screened with a masonry enclosure that matches the building. 4. The dumpsters shall all be completely screened and secured within a 6’ masonry enclosure that matches the buildings. 5. There may be one monument sign and wall signage. All signage must comply with the West Valley City Sign Ordinance. 6. Must meet requirements of all affected departments and agencies. 7. 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. Shivam Shah, the applicant, said he is very excited to build in West Valley City. He stated the warehouse would give the small business owners room to grow. Mr. Shah explained that an HOA would be in place to manage the property. He said that having an aqueduct on the property limits what can be done for landscaping, and they also want to conserve water.  Commissioner Winters asked the applicant if he was looking to change any conditions in the staff report. Mr. Shah said he was not. Jody noted that staff alternative #2 includes Parkway Blvd, so it will need to be amended in the motion if the Commission wants to make that exception. Motion: Commissioner Winters motioned to approve C-15-2022 subject to the seven staff alternatives and amending alternative 2 to exclude Parkway Blvd. Commissioner McEwen seconded the motion. Vote: Commissioner McEwen Yes Commissioner Wood Yes Commissioner Lovato Yes Commissioner Winters Yes Commissioner Porter Yes Chairperson Fuller Yes Unanimously – C-15-2022- Approved CA-3-2022 Rocky Mountain Outdoor Storage 6706 W. SR-201 North Frontage Rd M zone, 2.35 acres The applicant, Furst Construction, is requesting conditional use approval for outside storage at 6706 W. SR-201 North Frontage Rd. The zoning for this property is M, Manufacturing and the General Plan designation is Light Manufacturing. The surrounding zone is M/Manufacturing on all sides. The surrounding uses include a warehouse/light industrial facility to the east (RWK) and Sealmaster to the west. This property was originally developed as storage units (Wabel Industrial Park) in 2008 (C-6- 08). A paved RV and boat storage area was completed in 2018 on the southwest corner of the site. The proposal at this time is to expand the open storage use to this north portion of the property for additional flex/outdoor storage space. The primary use will be longer term storage of RV’s or possibly construction or equipment storage and they would not permit inoperable/salvage vehicle uses etc. There will be no buildings or structures on the property, it will all be open storage. The lot will be paved with an asphalt access road with the storage areas surfaced in gravel. The area is approximately 600’ feet from the right-of-way and is located behind the existing storage facility so it is not visible to the public and will be secured with a chain link fence. Landscaping is existing along the frontage of the property and has been completed in compliance with the standards for High Image Arterials. There may be additional right-of-way improvements required which will be part of the Public Works review of this application. There is an existing dumpster that was placed out in the parking area so this must be relocated or placed in a masonry enclosure to comply with City Code. Staff Alternatives Approval subject to any issues raised at the public hearing as well as the following conditions: 1. The site shall be constructed per the approved plans which include the following: a) Asphalt or concrete pavement surfacing is required throughout the access area. b) Storage may be located on a gravel surface. 2. The approved use is outdoor RV and equipment storage. There shall be no inoperable/salvage vehicle uses etc. 3. Dumpsters must be located behind the existing screen fence or inside of a masonry enclosure. 4. Must meet requirements of all affected departments and agencies. 5. 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. Jody explained that she is working with the applicant to move the dumpster or add a dumpster enclosure. She stated that the Public Works Department would be contacting the applicant regarding any need for right-of-way dedication. Commissioner Winters asked what the surfacing requirement would be. Jody explained that she left the requirement a bit more open with the drainage issue and having the runoff kept on-site; however, if the Commission feels it should be asphalt, that can be the requirement. Motion: Commissioner Lovato motioned to approve CA-3-2022 subject to the five staff alternatives outlined in the staff report. Commissioner McEwen seconded the motion. Vote: Commissioner McEwen Yes Commissioner Wood Yes Commissioner Lovato Yes Commissioner Winters Yes Commissioner Porter Yes Chairperson Fuller Yes Unanimously – CA-3-2022- Approved PLANNING COMMISSION BUSINESS Approval of Minutes from April 20, 2022 Study Meeting Approval of Minutes from April 27, 2022 Regular Meeting Motion: Commissioner Wood motioned to approve the meeting minutes from April 20, 2022 and April 27, 2022. Commissioner Winters seconded the motion. Vote: Commissioner McEwen Yes Commissioner Wood Yes Commissioner Lovato Yes Commissioner Winters Yes Commissioner Porter Yes Chairperson Fuller Yes Unanimously – Meeting Minutes - Approved There being no further business, the meeting adjourned at 5:47 p.m. Respectfully submitted, Kirsten Hunt, Administrative Assistant