Planning Commission Regular Meeting

WEST VALLEY CITY PLANNING COMMISSION PUBLIC HEARING MINUTES MAY 10, 2023 The meeting was called to order at 4:00 p.m. by Chairperson 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 Martell Winters WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Jody Knapp, Brock Anderson, Steve Lehman, Margo Hoyt, and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill, Deputy City Attorney AUDIENCE No one was in the audience GPZ-1-2023 Russ Nelson 4543 and 4547 S 4000 W General plan change from Non-Retail Commercial to General Commercial and zone change from RB to C-2 0.73 acres This application was continued by the Planning Commission at the applicant’s request during the public hearings on March 22 and April 26, 2023. Russ Nelson has submitted a General Plan/zone change application for two parcels totaling 0.73 acres located at 4543 and 4547 S 4000 W. Both properties are currently zoned RB (Residential Business) with a General Plan designation of Non-Retail Commercial. The proposed zone is C-2 (General Commercial) and the proposed General Plan designation is General Commercial. Surrounding zones include C-2 to the south, RB to the west, R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 square feet) to the north, and R-4 (Four Unit Dwelling Residential) to the east. Surrounding land uses include a fast-food restaurant to the south, a home to the west, a mobile home park to the north, and a fourplex to the east. The subject property is currently licensed as a day care. A previous General Plan/zone change application (GPZ-3-2022) made by a different applicant where the requested zone was C-2 was denied by the City Council at the applicant’s request. Originally, the applicant had hoped to have an access onto 4000 West. When the applicant understood that an access onto 4000 West would not be approved, she attempted to secure a shared access with the property owner to the south. Since, the applicant was unsuccessful in securing the shared access, she ultimately asked that the General Plan/zone change be denied. The City Council voted to deny the application on 5/3/2022. Section 7-5-101 of the Zoning Ordinance states the following: “If the City Council denies an application to change the Zoning of a property, no application to change the Zoning of that property to the same zone as proposed in the denied application shall be submitted until at least one year has passed unless the Planning Commission finds that circumstances have changed in such a manner as to merit consideration of a new application.” While the previous application on this property was submitted 13 months before this application, the denial occurred less than a year ago. However, given the new use for this application and the unique circumstances surrounding the last application, the Planning Commission could find that circumstances have changed enough to consider this application. If this latest application is approved, the applicant plans to build a new Quick Quack car wash on the subject property. The existing structures on the property would be demolished. Included with this report is a concept plan for the proposed car wash. In the C-2 zone, a car wash, which is considered automobile service, is reviewed as a conditional use when the property is adjacent to residential use or residential zoning. Hence, if this application is approved, the applicant would need to apply for a conditional use permit to pursue the car wash development. During the Commission’s first study meeting on this application, a question was raised about the proposed car washes’ hours of operation. The facility will be open every day from 7 AM to 7 PM in the winter months and from 7 AM to 9 PM in the summer months. Staff shared the concept plan with the Public Works Department for preliminary comment. Public Works indicated that the curb cut along 4000 West was too close to the curb cut to the south. As with the previous application, the applicant was directed to work with the landowner to the south to share the existing access. The applicant was not successful in securing a shared access with the adjoining landowner. For this reason, the applicant requested that this application be continued to the Planning Commission meeting on May 10th to allow time for him to prepare a new concept plan. At the time this report was prepared, staff had not received an updated concept plan. Staff Alternatives: 1. Approval. This application should be approved. 2. Continuance. This application should be continued for reasons determined during the public hearing. 3. Denial. The RB zone should remain. Discussion: Steve Pastorik explained that this application had been continued twice, and the applicant is still trying to work with Home Depot on sharing the existing access. Therefore, they are, again, requesting a continuance today. Steve stated that Brandon Hill, Deputy City Attorney, suggested, and the Staff agreed that the best option would be for the Planning Commission to continue this application to no specified date. He explained that when the applicant is ready, this item can be re- noticed and added to a future agenda. Commissioner McEwen asked if anyone from the neighborhood had contacted him with any concerns. Steve said he had not received any calls or emails. Commissioner McEwen said that he feels the Commission has been trying to decide if this is a good fit for this location for a while now, and it doesn’t appear to be as much of a concern for those living there. Steve pointed out that the subject area is mainly rental properties, fourplexes, and duplexes. Therefore, the landlord would receive the notice. He stated that if the landlord did not inform the tenants, they might not be aware of the proposal. Motion: Commissioner Lovato motioned to continue GPZ-1-2023 to no date certain.  Commissioner Woodruff seconded the motion. Vote: Commissioner Porter Yes Commissioner Lovato Yes Commissioner Wood Yes Commissioner Woodruff Yes Commissioner McEwen Yes Chair Fuller Yes Unanimously – GPZ-1-2023 – Continued There being no further business, the meeting adjourned at 4:07 pm. Respectfully submitted, Kirsten Hunt, Administrative Assistant