Planning Commission Regular Meeting

WEST VALLEY CITY PLANNING COMMISSION MINUTES AUGUST 10, 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 WEST VALLEY CITY PLANNING DIVISION STAFF Steve Lehman, Brock Anderson, Jody Knapp, and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill, Deputy City Attorney AUDIENCE There were 4 people in the audience Z-9-2022 Shane Keyvani 3940 South 5200 West A to RE 10.6 acres Shane Keyvani has requested a zone change on four parcels totaling 10.6 acres at 3940 South 5200 West from A (Agriculture, minimum lot size of ½ acre) to RE (Residential Estate). Surrounding zones include R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 sq. ft.) to the north, west, and south and R-1-10 (Single Unit Dwelling Residential, minimum lot size 10,000 sq. ft.), A, and R-1-8 to the east. The property is surrounded by homes to the north, east, and west and a church and homes to the south. The subject property is designated as large lot residential, which anticipates 2 to 3 units/acre, in the West Valley City General Plan. This application was continued by the Planning Commission at the applicant’s request during the public hearing on June 22nd. It was continued again by the Planning Commission during the public hearing on July 13th to allow the applicant time to address concerns from the Commission about the proposed development agreement. The applicant has since submitted a modified development agreement proposal. Development Proposal The applicant has submitted a concept plan, which is attached, that shows the subject property being subdivided into 25 lots yielding a density of 2.4 units/acre. Also included is a letter from the applicant supporting this application. The concept plan includes 2 lots that do not meet the minimum lot width for the RE zone of 100’. Development Agreement A development agreement is required for this project. Section 7-11-213 of the West Valley City Zoning Ordinance states: “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’s latest proposed development agreement is attached. Also included with this report is a table called Comparison of Development Agreement Proposals that compares the applicant’s development agreement proposals from 7/11 and 7/27 with the City’s previous housing standards. While the applicant’s latest proposal is an improvement over the one submitted on 7/11, it still falls short of the City’s previous housing standards. During the Planning Commission’s study meeting on 8/3, the Commission provided the following recommended revisions to the applicant’s development agreement proposal:  remove thin brick as an exterior material,   increase the required brick or stone percentage to 25%, and  keep the point system of design treatments the same as the City’s previous housing standards. Staff Alternatives:  Approval. This application should be approved subject to a development agreement that includes the standards proposed by the applicant with the amendments recommended by the Commission which are outlined in this report.  Continuance. This application should be continued to allow the applicant time to modify the proposed development agreement.  Denial. Discussion: Steve Pastorik presented the application. He stated that earlier today, the applicant had submitted a couple of other alternatives to what's labeled on this chart as the 7/27 proposal. Steve explained the first option would be to remove the thin brick material and increase the required percentage of brick/stone from fifteen percent to twenty-five percent. The second option would also remove the thin brick material and increase the required percentage of brick/stone to twenty-five percent, and they would meet the previous design treatment point system. However, the applicant proposes a reduction in the square footage of the homes in the second option. Commissioner Winters said that he noticed the staff report contains three recommendations that the Commission had given during last week’s study meeting. He asked Steve if the applicant has incorporated those recommendations in their most recent proposal. Steve said that the first option they are presenting does not meet the third recommendation, and the second option would meet all three recommendations, except for the square footage. The applicant, Shane Keyvani, said they feel the building materials are essential, and they did not feel comfortable changing them. However, wanting to work with the Planning Commission, they removed the thin brick. Mr. Keyvani explained that it would be possible to meet the requirements of the previous housing standards if they reduced the square footage of the homes. Commissioner Winters asked Mr. Keyvani if they are planning to build the homes and then put them on the market, or if the interested party would purchase the lot and choose the style of home they prefer? Mr. Keyvani stated that they would like to start with a couple of spec homes and see how that works, and then they would either pre-build everything, or the interested party would buy the lot. He stated that the owner would have a couple of different configurations to choose from if the lot were purchased. Commissioner Winters said he could see how a two- or three-car garage would depend on the buyer if they decided to buy a lot. Mr. Keyvani noted that his developer had told him the buyer would often bypass the three-car garage to save money. Chair Fuller pointed out that one requirement of the previous housing standards was the addition of a three-car garage unless they are side-loaded, or a full basement is offered. He asked Mr. Keyvani if he was proposing basements for the homes with a two-car garage. Mr. Keyvani said he was unaware of that requirement but is open to exploring the basement additions. Commissioner Woodruff pointed out that their proposal has changed a few times and asked the applicant to explain what they are proposing currently. Mr. Keyvani said that they are proposing to meet the previous housing standards with the exception of the square footage. Mr. Keyvani requested that if the Commission was to deny this application, they would provide a reason so, he can share it with his team. Commissioner Woodruff stated that in the past, when a proposal is continued three times, it typically moves on to the City Council. He asked Steve where this has been continued twice, and if the Commission were to continue it again today, would it then go to the Council with the Commission's recommendation? Steve explained that this application has been continued once at the request of the applicant and once by the Planning Commission. He believes a continuance today would be considered two continuances from the Commission. Commissioner Fuller asked if the Commission continues this application today and at the next meeting, what is the process at that point? Brandon Hill, Deputy City Attorney, said at that point we should consider sending it to the Council with a recommendation to keep the application moving forward in a timely manner. Commissioner Winters said he can understand why the applicant requested smaller square footage; however, he believes that the City Council would like to keep as close to the previous housing standards as possible. He feels the Council might deny the application even with approval from the Commission. Commissioner Wood agrees that this application should be moved along, but she isn't sure how far they should bend on the standards. Commissioner Woodruff said many projects have been built recently and are currently being built that meet the previous housing standards. He believes the City Council would want the same with this proposal. Commissioner Porter, Woodruff, and Lovato agree with Commissioner Woodruff.  Motion: Commissioner Woodruff motioned to approve Z-9-2022 with the recommendation that the development agreement follows the previous housing standards. Commissioner Lovato seconded the motion. Vote: Chairperson Fuller Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Porter Yes Commissioner Wood Yes Commissioner Winters Yes Commissioner McEwen Yes Majority – Z-9-2022- Approved SMI-6-2022 Hot Rod Lane Subdivision 3703 West Parkway Boulevard M Zone 2 Lots 5.8 Acres BACKGROUND: Shivam Shah, is requesting minor subdivision approval for the Hot Rod Lane Subdivision. The subdivision is located at approximately 3703 West Parkway Boulevard. The subdivision is bordered on the north by Parkway Boulevard, the east and west by existing uses in the M zone and the south by Bangerter Highway. STAFF/AGENCY COMMENTS: A future commercial project has already been reviewed by the Planning Commission and City Engineering Division. Staff believes that agency comments will be better addressed through that process than with the subdivision. The purpose for the commercial subdivision application is to simply divide the property into 2 lots, one of which will be used for future development. ISSUES: The proposed subdivision is located in the manufacturing zone. As mentioned previously, the subdivision will create two lots. An existing building is located on lot 2 of the proposed subdivision and is approximately 1.9 acres in size. Lot 1 will be approximately 3.9 acres in size and is the lot where a new flex building project is planned. Access will be gained from Parkway Boulevard. At the present time only one access point exists for the existing property. The applicant is proposing a second access on Parkway Boulevard and is proposing reciprocal access between the two lots. The new access on Parkway Boulevard will be located at the far northwest corner of lot 1. This location is necessary, so the new access aligns with Lake Erie Drive on the north side of Parkway Boulevard. Curb and gutter exist along Parkway Boulevard and is not anticipated to change. However, it appears that a small portion of property south of the existing north property line may need to be dedicated to satisfy full right-of-way requirements along said street. This will be resolved as further reviews by the Engineering Office take place. This subdivision is located in the Bangerter Highway Overlay Zone and is located on property encumbered by an easement for the Jordan Valley Water Conservancy District/Bureau of Reclamation Aqueduct. The aqueduct runs parallel to the west property line of the subdivision. Reference to this easement was made during the conditional use process and special consideration will be needed for future buildings. The easement as recorded is also recognized on the subdivision plat. The proposed subdivision will simply provide the mechanism to divide the property as required by the applicant. The subdivision plat will contain easements and other information applicable to the division of property. The applicant is continuing to work with staff on the conditional use application reviewed and approved by the Planning Commission. STAFF ALTERNATIVES: 1. Approve the Hot Rod Lane Subdivision subject to a resolution of those items mentioned in the staff report. 2. Continue the application for reasons determined in the Planning Commission meeting. Discussion: Steve Lehman presented the application. Shivam Shah, the applicant, said he is excited to bring their model to West Valley City. He said that the Commission should visit the site and look at the beautiful artwork in the business located in the adjacent building. Motion: Commissioner McEwen motioned to approve SMI-6-2022 subject to a resolution of those items mentioned in the staff report. Commissioner Winters seconded the motion.  Vote: Chairperson Fuller Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Porter Yes Commissioner Wood Yes Commissioner Winters Yes Commissioner McEwen Yes Majority – SMI-6-2022- Approved PLANNING COMMISSION BUSINESS Approval of Minutes from June 1, 2022 Study Meeting Approval of Minutes from June 8, 2022 Regular Meeting Motion: Commissioner Wood motioned to approve the minutes from June 1, 2022 and June 8, 2022. Commissioner McEwen seconded the motion. Vote: Chairperson Fuller Yes Commissioner Lovato Yes Commissioner Woodruff Yes Commissioner Porter Yes Commissioner Wood Yes Commissioner Winters Yes Commissioner McEwen Yes Majority – Meeting Minutes- Approved There being no further business, the meeting adjourned at 4:24 p.m. Respectfully submitted, Kirsten Hunt, Administrative Assistant