Planning Commission Regular Meeting

WEST VALLEY CITY PLANNING COMMISSION MINUTES OCTOBER 26, 2022 The meeting was called to order at 4:00 p.m. by Vice Chair Lovato 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 David McEwen and Cindy Wood WEST VALLEY CITY PLANNING DIVISION STAFF Steve Lehman, Jody Knapp, and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill, Deputy City Attorney AUDIENCE There were 3 people in the audience GP-2-2022 West Valley City Amend the Major Street Plan to extend Lester Street (5700 West) as a 66’ right-of-way north of 2400 South, add 7200 West as an 80’ right-of-way between 2100 South and SR-201, and extend 5900 West as a 66’ right-of-way between Beagley Road (2540 South) and Parkway Blvd. (2700 South). This application was continued by the Planning Commission during their meeting on October 12, 2022. At the request of the West Valley City Public Works Department, Planning and Zoning staff is requesting an amendment to the West Valley City General Plan to update the City’s Major Street Plan to 1) extend Lester Street (5700 West) as a 66’ right-of-way north of 2400 South, 2) add 7200 West as an 80’ right-of-way between 2100 South and SR-201, and 3) extend 5900 West as a 66’ right-of-way between Beagley Road (2540 South) and Parkway Blvd. (2700 South). The Major Street Plan defines street alignments and right-of-way widths for existing and proposed major streets within the City and is referenced several times in the City’s Zoning Ordinance. The Plan is used to:  determine building setbacks along major streets that have yet to be widened;  identify streets needing right-of-way dedication as part of a subdivision; and  clarify certain land use regulations relating to: o greenhouses and garden centers, o RM (Multiple Unit Dwelling Residential) zone eligibility criteria, o shared parking, o tobacco oriented businesses, and o walls for double frontage lots. The justification for these three Major Street Plan changes is described below. Lester Street (5700 West) With the relatively new signalized intersection at 2400 South and 5600 West, the proposed extension of Lester Street will serve as a frontage road to 5600 West, improving access for properties between the Mountain View Corridor and 5600 West. During the Planning Commission meeting held on October 12, 2022, an attorney representing landowners that abut Lester Street expressed concern about the impact of a 66’ right-of-way that could encroach as much as 16 feet onto his client’s properties. The existing Lester Street right- of-way is 65’ wide, meaning the City would only need an additional 6 inches on both sides of the street to install all of the proposed improvements of a 66’ right-of-way. Responsibility to install curb, gutter, sidewalk, and streetlight improvements would fall to the adjoining owner in one of two instances. First, the estimated construction costs for substantial modifications to an existing site or structure exceed $50,000. Second, the City has a delay agreement in place on the subject property and the City calls for the improvements to be installed. 7200 West The Wasatch Front Regional Council’s Regional Transportation Plan (RTP) includes 7200 West between SR-201 and 1400 North (which is north of I-80) as a 5-lane facility. The RTP also includes an extension of 7200 West between 1400 North and 700 North as a 3-lane facility. In West Valley, the section of 7200 West between SR-201 and 2100 South is currently striped as 2 lanes with varying right-of-way widths. 5900 West With the completion of the Mountain View Corridor and the south bound ramp at Parkway Blvd., truck traffic from industrial areas north of the Riter Canal could access southbound Mountain View Corridor by traveling south of 6400 West and then east along Parkway Blvd., which would impact a largely residential area. Extending 5900 West to Parkway Blvd. would create a direct connection for truck traffic to Mountain View Corridor along Beagley Road (2540 South). This connection would discourage truck traffic from using Parkway Blvd. Staff Alternatives: 1. Approval of the General Plan change. 2. Continuance, for reasons determined during the public hearing. 3. Denial. Discussion: Steve Lehman presented the application for Steve Pastorik. He noted that the Planning Commission reviewed this application on October 12, 2022. During that meeting, David Drake, an attorney representing one of the businesses on Lester Street, was concerned about the right-of-way width being sixty-six feet. Steve Lehman stated that Steve Pastorik had researched the right-of-way width since that meeting and found that it was already sixty-five feet. Therefore, if the City were to acquire land to improve Lester Street, we would only need six inches of right-of-way on either side. Motion: Commissioner Woodruff motioned to approve GP-2-2022. Commissioner Lovato seconded the motion. Vote: Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Lovato Yes Chairperson Fuller Yes Unanimously – GP-2-2022 – Approved SMI-9-2022 Carpe Diem Auctum Subdivision – Phase 2 5520 South 5600 West C-2 Zone 2 Lots 2 Acres BACKGROUND Brent Malili is requesting preliminary approval for the second phase of the Carpe Diem Auctum Subdivision. The subdivision is located immediately to the south of phase 1 and is being platted to accommodate future commercial uses in the C-2 zone. ISSUES: The proposed subdivision will consist of 2 lots on 2 acres. Lot 1 is approximately 1.3 acres in size while lot 2 is approximately .70 acres in size. The C-2 Zone requires a minimum lot size of 20,000 square feet. Access to the subdivision will be gained from 5600 West. A shared access drive coming in from 5600 West will be located and shared with both phase 1 to the north and phase 2 to the south of the drive. The applicant has been coordinating this access with UDOT and West Valley City. Public improvements exist along the west side of 5600 West including curb, gutter, a stamped concrete parkstrip and sidewalk. Since there is only one access on 5600 West, a reciprocal access easement is planned across lot 1 in favor of lot 2 similar to what was done with the first phase to the north. Although there will be additional reviews for permitted use and conditional use applications in the future, staff would like to note that there is a gradual slope between these lots and property to the north. The site will need to be graded or contoured in such a manner to accommodate the grade difference. STAFF ALTERNATIVES: 1. Approve the preliminary plat for the Carpe Diem Auctum Subdivision Phase 2 subject to a resolution of staff concerns noted in the analysis. 2. Continue the application for reasons determined in the Planning Commission meeting. Discussion: Steve Lehman presented the application. He explained that this proposal is for the second phase of the Carpe Diem Auctum Subdivision. Steve stated that the plat for phase one, located just north of the property in question, has been recorded.  Commissioner Winters asked Steve if he knew the zoning for the property south of the subject property. Steve said he isn’t sure, but it is adjacent to residential on the west and the south, so it could be residential or agricultural. Chair Fuller asked if there are any plans for the property west of the subject property that UTA owns. Steve said there had been previous discussions about using the property for a park and ride some time ago, but he is unsure if that is still the plan. Brent Malili, the applicant, did not have anything to add to Steve’s presentation. He said he would answer any questions that the Commission had for him. The Commission did not have anything to ask Mr. Malili. Motion: Commissioner Winters motioned to approve SMI-9-2022, subject to a resolution of staff concerns noted in the analysis. Commissioner Porter seconded the motion. Vote: Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Lovato Yes Chairperson Fuller Yes Unanimously – SMI-9-2022 – Approved SA-4-2022 JMYL West Valley Subdivision – Lots 5 and 6 Amended 1814 West 4100 South C-2 Zone 1 Lot 1.01 Acres BACKGROUND: Paul Snyder, is requesting a plat amendment for lots 5 and 6 of the JMYL West Valley Subdivision. Said subdivision was recorded with the Salt Lake County Recorder’s Office in January 2019. The original subdivision plat consisted of 7 lots on 13.5 acres. This application will amend lots 5 and 6 to consolidate them into 1 lot. The new lot will be developed as a future restaurant. ISSUES: The amended subdivision will consolidate two existing lots to create one lot approximately 1 acre in size. The proposed use for this lot will be a new Taco Bell restaurant. The Planning Commission will review the conditional use as part of the October 26th meeting. All previous reviews and conditions of the original subdivision still apply. This property will gain access from internal access points. Cross access and parking easements exist in and through the overall project. Site improvements will be addressed as part of the Conditional Use application. The amended plat simply combines two lots to create one lot with easements and other applicable information. STAFF ALTERNATIVES: 1. Approve the JMYL West Valley Subdivision Lots 5 and 6 Amended subject to a resolution of staff and agency comments. 2. Continue the application in order for the developer to address the Planning Commission’s concerns. Discussion: Steve Lehman presented the application. He explained that this request is to consolidate two lots into one for a Taco Bell restaurant. Kira Ogle, representing Paul Snyder, said that Steve presented everything very well and she did not have anything to add. Motion: Commissioner Porter motioned to approve SA-4-2022, subject to a resolution of staff and agency comments. Commissioner Woodruff seconded the motion. Vote: Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Lovato Yes Chairperson Fuller Yes Unanimously – SA-4-2022 – Approved C-21-22 Golden Spike Restaurants, LLC (Taco Bell) 1814-38 West 4100 South C-2 Zone, 1.01 acres The applicant, Golden Spike Restaurants, LLC, is requesting conditional use approval for a Taco Bell fast food restaurant with a drive-thru at 1814-38 West 4100 South. The zoning for this property is C-2, General Commercial and the General Plan designation is General Commercial. The surrounding zone is C-2, general commercial and RM, multi-unit dwelling residential. The surrounding uses include the Sage Valley Apartments to the north, there will be a newly constructed Medical Plaza to the east as well as an existing CVS Pharmacy. The southern boundary is Taylorsville City and there is a commercial shopping center on that property. The building is proposed to be 2,500 sqft restaurant with drive-thru. The building will be constructed of a hardi-board masonry siding product and must comply with the Commercial Design Standards. For landscaping, there is a Development Agreement for the overall site which requires that the streetscape setback be constructed to match the CVS on the corner of 4100 South and Redwood. Having this design continued along this entire frontage will help to create a more unified streetscape for the overall project. Therefore, tree boxes will need to be installed and incorporated into a berm along the frontage which must also comply with the 7-10, high image arterials standards. Trees and landscaping are also required along the interior of the site/parking lot as outlined in Title 7 with a minimum landscaping percentage of 15% for the parcel. Additional screening of the drive-thru area must also be provided. The Development Agreement also states a pedestrian connection must be provided to the north to connect to the adjacent apartment development. These have been installed but the exact location needs to be coordinated on this site plan as well as the adjacent Medical Plaza plans. The sidewalk and park strip design along 4100 South will also be reviewed to ensure that the correct cross section is provided along the entire frontage of this development. Signage for this use is proposed on the walls of the building and they have not provided any information for proposed ground signage. All proposed signage for this project must comply with the Sign Ordinance. Staff Alternatives Approval subject to any issues raised at the public hearing as well as the following conditions: 1. The building must be completed per the approved plans and be designed in accordance with the Commercial Design Standards. 2. The site shall be landscaped per the approved plans and 4100 South shall be designed per 7-10 and must also match the adjacent CVS property per the Development Agreement.  3. The required pedestrian connections shall be provided per Title 7 and the Development Agreement. 4. There must be adequate parking for the proposed use. 5. 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. She explained that this request is a conditional use for the Taco Bell restaurant mentioned in application SA-4-2022. Jody noted that the development agreement states the applicant’s landscaping needs to match that of the adjacent CVS. Kira Ogle, representing the applicant, said that if they reworked the drive-thru, they could meet the parking requirements. Motion: Commissioner Lovato motioned to approve C-21-2022, subject to the seven staff alternatives. Commissioner Porter seconded the motion. Vote: Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Lovato Yes Chairperson Fuller Yes Unanimously – C-21-2022 – Approved C-22-2022 J & J Motors 2875 South Redwood Road C-2 Zone (.55 Acres) The applicant, J & J Motors, is requesting a conditional use amendment for auto sales at 2875 South Redwood Road. This property is zoned C-2, General Commercial. The West Valley City General Plan designates this area as General Commercial. The surrounding zone is R-1- 6/Residential to the east and C-2 on all remaining sides. The surrounding uses include residential to the east and mixed retail uses on the other sides. This business originally received conditional use approval for auto service and sales were prohibited in 2012 under C-28-2012. There had been some previous enforcement issues at this location prior to this tenant occupying the site so those conditions of approval were restrictive to help alleviate the pattern of use at this location. The applicant has continued to operate from this location since that time but has now decided to relocate the repair portion of the business. The site will now be used for retail tire sales (no service or installation) and they would also like to add auto sales. The request was initially submitted as a business license review which then triggered review of the site and the original conditional use and prior restrictions. Therefore, the amendment process was triggered. The site itself is in need of some maintenance. As part of the licensing review they have received a list of requirements including parking, surfacing, striping, signage, landscaping, general building maintenance and dumpster enclosures. That information is also included in the packet. The area for display of vehicles will be along the south side adjacent to the commercial use. All required customer and employee parking areas will be maintained adjacent to the building. The landscaped areas must comply with Title 7 and be planted with trees and 50% live plant material. So additional landscaping will be added to the site to comply with this requirement. There is an existing restaurant tenant that occupies the north side of this building. They will remain and their parking area is separate from this part of the business. As mentioned there will be no auto service uses at this site upon this change of use so there will also be no outside storage permitted on this site. All vehicles will be in working order and available for sale. The east side of the site that is adjacent to residential will remain undeveloped and unused. The area must be maintained free of trash and overgrown weeds. There is an existing masonry wall and the section to the south will need to be extended to 6’ along the occupied portion of the site. There are several places where the surfacing is in need of replacement and the exterior of the overall building is also in need of some maintenance and has several areas with peeling paint. These issues will all need to be addressed before the business license can be issued for the new use. 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 for tire sales and auto sales and does not include any auto service related uses. 2. There shall be no outside storage permitted on site which includes tires or inoperable/junk vehicles.  3. Landscaping must be repaired and replaced including the buffer adjacent to the commercial site to the south with 1 tree every 60’ and 50% live plant material coverage. 4. The exterior of the building must be maintained and repaired. 5. All vehicle parking, display and maneuvering areas must have proper hard surfacing that is maintained. 6. The undeveloped portion of the site must remain free of any use until that portion of the site is developed accordingly. That area must be maintained free of garbage and overgrown weeds. 7. Dumpsters must be located within the proper masonry enclosures and on proper surfacing. 8. A business license must be issued for all uses on the property and all requirements outlined in that inspection process must be completed. 9. Must meet the requirements of all affected departments and agencies including but not limited to the West Valley City Fire Department. 10. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing. Discussion: Jody Knapp presented the application. Commissioner Woodruff asked if they would have enough parking for the three different business uses. Jody said that they would have sufficient parking. She noted that the applicant would no longer be offering vehicle service at this location and that space would be used for storage. Therefore, they would no longer need to provide parking for the vehicle service. Jose Serrano, the applicant, said he had received a letter two years ago from the City regarding their landscaping not being well maintained. He asked if adding the needed landscaping in the spring would be possible. She explained that they would need to add trees to the south portion of the property and meet the 50% landscape requirement. Jody said that we could work with Mr. Serrano on the timeframe. Motion: Commissioner Lovato motioned to approve C-22-2022, subject to the ten staff alternatives. Commissioner Winters seconded the motion.  Vote: Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Lovato Yes Chairperson Fuller Yes Unanimously – C-22-2022 – Approved PLANNING COMMISSION BUSINESS Approval of Minutes from September 7, 2022 Study Meeting Approval of Minutes from September 14, 2022 Regular Meeting Motion: Commissioner Lovato motioned to approve the minutes from September 7, 2022 and September 14, 2022. Commissioner Porter seconded the motion. Vote: Chairperson Fuller Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Lovato Yes Commissioner Porter Yes Unanimously – Meeting Minutes – Approved There being no further business, the meeting adjourned at 4:29 pm. Respectfully submitted, Kirsten Hunt, Administrative Assistant