Planning Commission Regular Meeting

WEST VALLEY CITY PLANNING COMMISSION PUBLIC HEARING MINUTES SEPTEMBER 13, 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 Darrick Porter and Martell Winters WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Jody Knapp, Brock Anderson, Steve Lehman, and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill, Deputy City Attorney AUDIENCE There were 6 people in the audience GPZ-8-2023 Lieu Tran 7007 West Apaloosa Drive General plan change from Parks and Open Space Existing to Light Manufacturing and zone change from A-1 to M 5.91 acres Lieu Tran has submitted a General Plan/zone change application for a 5.91-acre parcel located at 7007 West Apaloosa Drive. The property is currently zoned A-1 (Agriculture, minimum lot size 1 acre) acre) and the current General Plan designation is Parks and Open Space Existing. The current General Plan designation is in place because this property used to be part of the mobile home park to the west and was used as recreation space for the mobile home park residents. The proposed zone is M (Manufacturing) and the proposed General Plan designation is Light Manufacturing. The property includes a manufactured home along the west side that is accessed from Apaloosa Drive. Surrounding zones include A-1 to the east and most of the south, RMH (Residential Mobile Home) to the west and remaining south portion, and M to the north. Surrounding land uses include largely vacant property owned by Magna Water to the south and east; the Western Mobile Estates mobile home park to the south; and the Riter Canal, Beagley Lane, and the ARA Industrial Park to the north. The property includes a manufactured home along the west side that is accessed from Apaloosa Drive. Development Proposal The intended development for this property is a mix of 35,000 square feet of self-storage space, 30,000 square feet of flex space, and 4,000 square feet of office. Access would be gained primarily from Beagley Road by crossing the Riter Canal. Apaloosa Drive would provide secondary access. Self-storage facilities, warehouses, and light industrial require a conditional use permit within the M zone whenever these uses are adjacent to a residential use, residential zone, or agricultural zone. If this application is approved, a conditional use permit will be required given the neighboring A-1 zoning. The applicant provided the following justification for the proposed changes: “There is M Zoning to the north with several large distributions buildings. Manufacturing would be a logical use for the property. Other surrounding land uses include a mobile home park, a mobile homes subdivision and a single family detached subdivision to the northwest across Beagley Road. Magna Water Company owns the wetlands to the south and east. The property owner wishes to build a self storage facility and flex space for manufacturing uses. The residential areas near the property would benefit from the self storage units, especially those residents in mobile homes. Beagley Road, a busy street that serves both industry and residential, provides good access to all planned manufacturing uses. Flexspace provides new or small manufacturing businesses with a space to grow. Home startup businesses often expand through renting flexspace. Flexspace has the ability to grow or shrink with a businesses need and ability to pay. It has created the opportunity for many entrepreneurs to start a business with minimal initial capital investment. There is water and sewer available in Beagley Road.” Issues to Consider Since the adoption of the City’s first General Plan in the 80’s, the Riter Canal has been the dividing line between industrial uses to the north and residential uses to the south in the northwest part of the City. However, much has changed in the northwest part of the City since the 80’s. The following list of current conditions may warrant consideration of M zoning on the subject property:  The Northwest Economic Development Area (EDA), which was created in 2012, includes the subject property. The Northwest EDA covers approximately 1,000 acres in the northwest part of the City and makes available incentives for commercial development.  The Magna Water property to the south and east includes wells and a water treatment facility. These uses will likely remain in perpetuity with no chance of having connecting roads to the subject parcel.  The Western Mobile Estates mobile home park to the west has only one access, Apaloosa Drive, to 7200 West. Given that there are already 144 mobile homes with only one access, additional homes on the subject parcel would not be allowed without another access.  There are large, distribution warehouses that are part of the ARA Industrial Park on the north side of Beagley Road. Access If the Commission believes M zoning is appropriate here, the primary access would need to be off of Beagley Road. This will require the applicant to obtain permission to build a bridge over the Riter Canal. If this application is approved, access to the site will need to be addressed as part of the conditional use permit. 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. Industrial uses should not be developed on the south side of the Riter Canal. Discussion: Steve Pastorik presented the application. He pointed out that the City has used the Riter Canal as the dividing line between industrial and residential zoning. However, over time, there have been many changes to the area. Steve explained that Magna Water owns the wetland property to the south and west of the subject property and this property will most likely remain that way since it is a public utility. He noted that Magna Water has water wells accessing the groundwater on the property. Steve said running roads through Magna’s property to access the subject property is unlikely. He stated that if this parcel were to develop residentially, a single access from the mobile home park to the west would not be sufficient. Steve explained that one access would need to come from the north through developed industrial property, which is not ideal. Stephen McCutchan, Land Planner, said the applicant requested he speak on her behalf. He stated that they feel this application is logical and sensible for this area, and he is happy to answer any questions.  Commissioner Woodruff said he feels the applicant has done well with this application, especially where the property is challenging to develop. Motion: Commissioner Woodruff motioned to approve GPZ-8-2023. Commissioner Lovato seconded the motion. Vote: Commissioner Lovato Yes Chair Fuller Yes Commissioner Wood Yes Commissioner Woodruff Yes Commissioner McEwen Yes Unanimously – GPZ-8-2023 – Approved Z-2-2023 Jackie Carlson 2256 and 2260 South 5700 West Zone change from LI to M 2.2 acres Jackie Carlson has submitted a zone change on two parcels totaling 2.2 acres at 2256 and 2260 South 5700 West from LI (Light Industrial) to M (Manufacturing). The subject property is designated as Light Manufacturing in the West Valley City General Plan. The property is surrounded by LI zoning. Neighboring uses include the Mountain View Corridor to the west, vacant property owned by UDOT to the north and south, and vacant property and a vehicle storage lot to the east. The larger of the two parcels includes a 7,150 square foot metal building built in 1990 that was originally constructed for storage. Staff anticipates UDOT selling their vacant parcels that were acquired as part of the Mountain View Corridor project. The property is not currently being used for a business and is not licensed. Up until earlier this year, a tiny home manufacturer called Modules Factory was operating without a license or use approval on the property and had built an addition onto the building without a permit. The previous owner submitted an application in an attempt to come into compliance; however, the use eventually vacated the property before receiving approval. The City’s Commercial and Manufacturing Zones use table is included with this report for reference so the Commission can see the difference between uses allowed in both the LI and M zones. Development Proposal The applicant acquired the property in March 2023 to serve as a truck service center to maintain Carlson Distributing’s own fleet of trucks for their distribution business at 2449 South 6755 West. Penske Truck, another West Valley City business, would operate the facility. The outside area would be used for employee parking and truck staging while they are in-between servicing. Within the LI zone, automobile service is only allowed as a use that is incidental to a permitted or conditional use such as truck sales. In this situation, the truck service is the primary use proposed. In addition, the LI zone does not allow outside storage and the trucks awaiting service would be considered outside service. Given the LI zone limitations on truck service and outside storage, the applicant is requesting the M zone. The applicant is proposing a number of improvements to the property including the installation of asphalt on the east, west, and south sides of the property; new metal siding for the west portion of the building; new overhead doors on the building; interior remodeling of the building to include restrooms and an office; landscaping along the east and west sides of the property; placing power underground; storm water improvements; and repaired or replaced fencing. If this rezone is approved, a conditional use permit will be required for the outside storage of trucks awaiting service. The ordinance requires outside storage uses to be screened from public view along 5700 West through fencing, landscaping, building placement, topography, berming, or other methods as determined by the Planning Commission. For screening along Mountain View Corridor and other high-image arterial streets, the ordinance was recently amended to require screening of outside storage by means of a building or a 6’ tall, precast concrete wall meeting certain specifications. However, the Planning Commission can waive screening requirements when, due to changes in topography, screening techniques would not be effective. In this situation, solid screening along the west side would not be effective for motorists on the Mountain View Corridor as it is elevated. However, solid screening would be effective for users of the trail along the east side of Mountain View Corridor. Area History A brief history of the surrounding area between 5800 West and 5600 West and from 2200 South to 2400 South (about 46 acres), which has been referred to as the salvage yards, is helpful background information.  Early 1960’s: Development began within the area with some unpaved roads and salvage yards.  1980: By the time of the City’s incorporation in 1980, the area was occupied mostly by salvage yard businesses. The zoning in the area at the time was M-2, which was a zone for heavy industrial uses. The City also had a M-1 zone in 1980 for light industrial uses.  1984: The City’s first General Plan designated the area as light industrial.  1986: The City consolidated the M-1 and M-2 zones into the M zone.  1999: The City’s General Plan included the goal of relocating or replacing the salvage yards from this gateway location.  2001: The City created the 5600 W Gateway Redevelopment Area to provide incentives for redevelopment within the area.  2004: The City formed a special improvement district (SID) to install utilities and road improvements in the area.  2015: UDOT began to acquire land for the Mountain View Corridor which ultimately consumed about 22 acres of the 46 acres. UDOT will eventually sell about 5.5 acres of the 22 acres acquired that were not needed for the Mountain View Corridor project.  2015: The City passed a moratorium or temporary land use regulation on all land use applications to reevaluate zoning in the area.  2016: The City created the LI (Light Industrial) zone and rezoned the area to the new LI  zone.  2021: Mountain View Corridor was completed in this area. Development Agreement As described in the history above, significant progress has been made in transitioning this area from mostly salvage yards to either vacant property awaiting development or light industrial uses. If the Planning Commission is supportive of a zone change to the M zone here to accommodate a truck service center, staff is concerned about the possibility of a future use that would be counter to the transitions occurring in the area. In addition, staff is also concerned about the outstanding issues on the site including the illegal building addition, trailer storage that is already occurring on-site, and the poor condition of the site. Given these concerns, staff is recommending that the following items be addressed in a development agreement:  The following uses shall be prohibited: o Agricultural Business or Industry o Commercial Raising, Rental, Stabling, Training and Grazing of Animals o Detention Facility/Jail o Incinerator o Heavy Industrial o Outdoor Kennel o Towing and Impound Yard o Vehicle Recycling Facility  Prior to any use of the property, a conditional use permit shall be obtained and all required improvements shall be installed.  The right-of-way between the east property line and the curb and gutter along 5700 West shall be maintained weed free by the property owner.  The sign frame in the upper lefthand corner of the east building façade shall either be removed or utilized for a new wall sign after obtaining a sign permit.  A building permit shall be obtained for the addition on the west side of the original building and all building code deficiencies shall be corrected. A building permit shall also be obtained for any interior remodeling.  As proposed by the applicant, the exterior of the addition shall be sided with metal siding that matches the existing building.  The entire building exterior, including the addition, shall be painted consistently on all sides of the building.  All weeds on the site shall be removed and replaced with either paving or landscaping according to a plan approved by the City.  Damaged fencing, including razor wire, shall be repaired, removed, or replaced.  All fence components shall be free of rust.  The applicant shall dedicate 6-inches of right-of-way to the City along 5700 West. The existing right-of-way width is 65-feet and the standard right for a commercial street is 66- feet. Staff Alternatives:  Approval. This application should be approved subject to a development agreement that includes the items listed above.   Continuance, for reasons determined at the public hearing.  Denial. The LI zone should remain. Discussion: Steve Pastorik presented the application. He explained that staff recommends a development agreement for several reasons if this application is approved. Steve pointed out that the area in question has been transitioning away from salvage yards, and we want to ensure we continue in that direction. He noted that if the zone change is approved, we would like to avoid heavier manufacturing uses, which would be prohibited via the development agreement. Steve said the remaining staff suggestions aim to clean up the site and bring it into compliance with current ordinances. James Overturf, the applicant, said that they purchased this property unaware of what the previous owner had or had not done with it. However, we want to improve the site dramatically. Mr. Overturf explained that this would be a satellite site used as a truck maintenance facility. Chair Fuller asked Mr. Overturf what his plans were for the fence along the west side of the property. James said that they would be repairing the existing fence. He asked if the Commission wanted a solid wall put in. Steve Pastorik explained that per our code, a pre-cast wall is required. However, the Commission can waive this requirement if the topography renders the fence ineffective. He believes this is what Chair Fuller was asking. Chair Fuller added that it could help prevent anyone utilizing the trail from getting onto the property. Mr. Overturf stated that they would look into this more as they start improving the site. Steve pointed out that if the zone change is approved, this would return to the Commission as a conditional use, and the wall could be discussed then. Motion: Commissioner Lovato motioned to approve Z-2-2023. This application should be approved subject to a development agreement that includes the items listed in the staff report. Commissioner Woodruff seconded the motion. Vote: Commissioner Lovato Yes Chair Fuller Yes Commissioner Wood Yes Commissioner Woodruff Yes Commissioner McEwen Yes Unanimously – Z-2-2023 – Approved C-19-2023 Wright Timberframe Warehouse 7091/7103 W Gates Ave. M Zone (1.19 Acres) The applicant, Samuel Wright, is requesting conditional use approval for two warehouse buildings at 7091 and 7103 W Gates Ave. The property is zoned Manufacturing (M). The properties to the north and east are zoned M, and the properties to the west and south are zoned Agriculture (A). The West Valley City General Plan designates all properties along Gates Avenue as light manufacturing, and all properties to the south as large lot residential. There is industrial development to the north and east, single unit dwellings to the south, and an undeveloped parcel to the west. The subject property is currently two separate parcels. The 7091 West parcel has been zoned manufacturing since 2017 and has remained vacant. The applicant originally developed the parcel to the east, 7079 W Gates Ave, but has since sold that property. The 7103 West parcel was recently rezoned from A to M (ZZ 20230001). That site was home to Backyard Auto Wrecking, which began operating in 1978 (ZC 19780460). Mr. Wright is proposing to utilize both parcels and build two warehousing/light industrial buildings. Each building will be 8,400 sq. ft. in size, like the building on the property to the east. Earlier this year when the property was rezoned, the applicant entered into a Development Agreement with the City, which applies to future development. Access to the development will be from Gates Avenue and will need to be reviewed and approved by the Public Works Department. The proposed layout will likely need to change somewhat to meet access spacing requirements outlined in 7-9-107(3). There was a delay agreement for the right-of-way (ROW) improvements for the parcel to the east. As this property develops all ROW improvements (curb, gutter, sidewalk and park strip) will be installed in front of this development and along most parcels to the east down the rest of Gates Avenue on the south side of the street. Parking for the development shall comply with all regulations outlined in chapter 7-9 of the West Valley City Code. Manufacturing Zoning requires 5% landscaping on the site. 20’ of landscaping is required adjacent to the street, and along the south property line due to the adjacent residential properties. The development agreement allows for a reduced setback of 10’ of landscaping along the west property line. All landscaped areas shall include coverage of at least 50% live plant material. It's anticipated that the buildings will be utilized for warehousing and light industrial uses. All uses on the site shall comply with the Manufacturing Zone allowed uses (7-6-301), as well as the list of prohibited uses listed in the Development Agreement. Any work done on the site shall be done inside the buildings. No outside storage is being proposed. A 6’ tall masonry wall will be installed along the south boundary of the site. A provision in the development agreement waived the masonry wall requirement along the east property line, and the applicant can instead install a 6’ chain link fence with slats. No signage is being proposed on the site, but any new signs shall meet the requirements of Title 11 and shall require a building permit. Staff Alternatives:   Approval, subject to the resolution of any issues raised at the public hearing and the following conditions: 1. All provisions of the Development Agreement apply. 2. A final site plan, which includes access for the site, shall be reviewed and approved by all applicable City departments. 3. Parking shall comply with the standards outlined in 7-9. 4. Landscaping shall be in accordance with all the requirements of Title 7, including at least 5% landscaping on the site, one tree spaced every 30’ along the south and west property lines, and 50% coverage of live plant material in all landscaped areas. 5. A 6’ tall masonry wall shall be required along the south property line, and a 6’ tall chain link fence with slats is acceptable along the west property line. 6. Uses on the site shall comply with Title 7 and the Development Agreement associated with the property. 7. Outside storage is not approved with this application. 8. All signage shall comply with the WVC Sign Code. 9. All requirements of any affected departments and/or agencies shall be met. 10. Subject to review upon valid complaint.  Continuance, to allow for the resolution of any issues raised at the public hearing. Discussion: Brock Anderson presented the application. He explained that there has been a change to this application since the study meeting last week. Brock stated that the applicant is now requesting an area for outside storage. He noted that this would be temporary storage for items delivered to his business. Brock said the applicant proposes asphalt surfacing and a chained-linked fence with slats for screening. He reviewed the amended staff report and the conditions of approval. Samuel Wright, the applicant, said that he did not have anything to add. However, he will answer any questions that the Commission has for him. Lisa Butcher explained that her mother owns the property directly behind Mr. Wright's business. She said the property the applicant developed just east of the subject property should only operate between 8 a.m. and 6 p.m. Mrs. Butcher stated that her mother can hear employees working all day and night, and they also play loud music. She noted that her mother has no peace and quiet, so she no longer sits in her backyard. Mrs. Butcher mentioned that the City should enforce the permitted hours of operation. She pointed out that there needs to be more parking for Mr. Wright's business because they have been known to park on and in front of her property across the street. Mrs. Butcher stated that the subject property is at a lower grade than her mother's, so the wall does not help screen the property. Barbara Butcher, Lisa's mom, said that she has peacocks and horses on her property that are constantly spooked by the noises from the applicant's property. Mr. Wright said extending the concrete wall would help with most of their concerns. He stated that they did not like the pattern of the existing fence, and he is willing to work with them on that. Mr. Wright noted that he is requesting an outside storage area for packages that one of his suppliers drops off. He explained that the concrete wall should prevent any light pollution and help reduce the noise from the traffic on  the highway. Mr. Wright pointed out that, per the development agreement, they are not allowed to work outside. Commissioner Woodruff asked Mr. Wright if he could speak to the noise issue mentioned by the Butchers. Samuel said that the overhead doors would be facing away from their property, and he is not permitted to work outside. Commissioner Woodruff asked how tall the packages would be outside. Mr. Wright stated they would be approximately four feet tall. Commissioner Woodruff asked what the typical hours of operation would be. Mr. Wright stated that they start at 7 a.m.; the latest they work is 8:30 p.m. when they return to the site to drop off the trailer and then go home. Steve Pastorik mentioned that the noise ordinance is 7 a.m. to 10 p.m. He noted that typically, within the manufacturing zone, working outside is permitted. Steve said that the development agreement states they are not allowed to work outside. Brock noted that the concrete wall should be six feet tall from the higher grade. However, the Commission can require a taller fence if they feel it is needed. Steve suggested that the Commission add a condition stating that the overhead doors should be closed when not used. He said this would help reduce the noise pollution. Chair Fuller pointed out that Mr. Wright's neighbors to the east are responsible for the noise issue. Motion: Commissioner Woodruff motioned to approve C-19-2023 subject to the 10 staff alternatives outlined in the staff report and added an eleventh condition. The applicant will reduce noise pollution by doing all work inside the building and keeping the overhead doors closed, except during brief periods of loading and unloading of materials and equipment. Commissioner Lovato seconded the motion. Vote: Commissioner Lovato Yes Chair Fuller Yes Commissioner Wood Yes Commissioner Woodruff Yes Commissioner McEwen Yes Unanimously – C-19-2023 – Approved C-20-2023 Country Inn & Suites Parking Improvements 3422 S Decker Lake Dr C-2 Zone (1.45 Acres) The applicant, Jacob Weber, is requesting conditional use approval for a parking lot expansion at 3422 S Decker Lake Dr. The property is zoned General Commercial (C-2) and is located within the Decker Lake Station Overlay Zone. The surrounding properties are all zoned C-2 as well. The West Valley City General Plan designation for all properties in the area is Entertainment. Adjacent land uses include hotels and restaurants. The subject property is vacant and is owned by the same owners of the Country Inn & Suites property to the east. The parcel was originally part of a larger development that included the parcels to the east and south. In 2006 there was a subdivision done to create the three separate parcels as they’re now configured (ZS 20060037). The property was also originally approved to have a hotel, along with the other two hotels that were built on the adjacent parcels to the east and south (ZC 19930036). The third phase of that project that included another hotel on the subject property was never built, and the property remains vacant. The property owners are interested in building another hotel on the parcel in the future, however, for the time being they would like to utilize the space for additional guest parking. Specifically, they would like to provide a parking area for guests who drive semi-trucks. The zoning does not allow for a truck stop or an RV campground, so the vehicles can only be parked on the property overnight and must be for guests staying in the hotel. Guests cannot sleep in their vehicles. Access to the new parking area will be through the existing hotel parking lot. All parking areas must be surfaced with asphalt or concrete. The C-2 Zone requires 15% landscaping on the site. The west edge of the property borders I-215, which is a high image arterial street. Landscaping along that frontage shall meet the requirements in 7-10-103. All landscaped areas shall include coverage of at least 50% live plant material. No new signage is being proposed on the site, but any new signs shall meet the requirements of Title 11 and shall require a building permit. Staff Alternatives:  Approval, subject to the resolution of any issues raised at the public hearing and the following conditions: 1. The site shall be developed per the approved plans. 2. Parking shall comply with all standards outlined in 7-9. The area is approved as an overnight vehicle parking lot for hotel patrons who have reserved a room. Sleeping inside vehicles is prohibited. 3. Landscaping shall be in accordance with all the requirements of Title 7, including at least 15% landscaping over the site and 50% coverage of live plant material in all landscaped areas. Landscaping along the west property line shall meet the requirements of 7-10-103. 4. Any new signage shall comply with the WVC Sign Code. 5. All requirements of any affected departments and/or agencies shall be met. 6. Subject to review upon valid complaint.   Continuance, to allow for the resolution of any issues raised at the public hearing. Discussion: Brock Anderson presented the application. Gurcharnjit Singh, owner of the subject property, clarified that only hotel tenants would be able to use the proposed parking area. Motion: Commissioner Lovato motioned to approve C-20-2023 subject to the six staff alternatives outlined in the staff report. Commissioner Woodruff seconded the motion. Vote: Commissioner Lovato Yes Chair Fuller Yes Commissioner Wood Yes Commissioner Woodruff Yes Commissioner McEwen Yes Unanimously – C-20-2023 – Approved C-21-2023 Royal Solutions Storage Units – Caretakers Dwelling 3489 South 1400 West M Zone/Jordan River Overlay Zone (.76 Acres) The applicant, Addison Hicken representing Royal Solutions, LLC, is requesting a conditional use for a caretakers dwelling at the Royal Solutions Storage Units at 3489 South 1400 West. This property is zoned M, Manufacturing. The West Valley City General Plan designates this area as General Commercial. The surrounding zone is M, Manufacturing on all sides. The surrounding uses include light industrial warehouse to the north and east, Dura Crete to the west, and additional self storage space to the south. This property is located within the Jordan River Overlay Zone (JROZ). The current use is a Self- Storage facility which is prohibited in this overlay zone. However, per 7-14-203, existing businesses may continue and can expand with approval by the Planning Commission. This property was originally developed in 1971 as a warehouse flex storage use (C-101- 1971). The adjacent self storage facility will also be supported by this Caretakers Dwelling and was built in 1969. This property has been in the Hicken family for about 20 years and is in the process of being cleaned up and renovated so it can be leased out solely as a self storage facility. The spaces will not be used as tenant work spaces or shops and there will be no outside storage of any kind. The caretakers dwelling is approximately 700 sqft and will be used to manage and support this storage use as well as maintain some on site security. It will not be leased out as a stand-alone apartment and the tenant will be employed by the storage units. The self storage facility has 120 units, which is approximately 40,000 square feet of rentable space. Per 7-7-122 a self storage facility under 60,000 sqft is allowed one Caretakers Dwelling. There are existing sleeping, cooking and sanitation facilities but those will be re- inspected and permitted through the Building Department upon use approval. The site itself is in the process of being cleaned up including the building exterior, fencing and landscaping. This is all part of the new business license review that is currently being conducted and must be completed before the license can be issued. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The existing business, Royal Solutions Storage Units, is approved as a self storage facility only. The units shall not be used as a business/shop space and outside storage is prohibited. 2. There shall be no more than one caretakers dwelling and the tenant must be an employee of the storage facility to provide on-site management, security, maintenance etc. 3. A building permit and Certificate of Occupancy is required for the caretakers dwelling. 4. The site maintenance issues including building facade, fencing, and landscaping shall be resolved with the business license review and must be completed before the business license will be issued. 5. Must meet the requirements of all affected departments and agencies. 6. 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. Addison Hicken, the applicant, said that Jody did a great job presenting the application and he doesn’t have anything to add. Motion: Commissioner Wood motioned to approve C-21-2023 subject to the six staff alternatives outlined in the staff report. Commissioner Woodruff seconded the motion. Vote: Commissioner Lovato Yes Chair Fuller Yes  Commissioner Wood Yes Commissioner Woodruff Yes Commissioner McEwen No Unanimously – C-21-2023 – Approved C-22-2023 Hunt Electric Outside Storage 2421 S. Progress Dr. M Zone (1.6 acres) The applicant, Carrie Stoehr representing Hunt Electric, is requesting a conditional use for outside storage. The zoning for this area is M, Manufacturing. The West Valley City General Plan anticipates light manufacturing uses for this area. The surrounding zone is manufacturing on all sides. The surrounding uses include Desert Tech (gun/ammunition manufacturing) to the north, Lindquist Sales (heating equipment supplier) to the south, UPS to the west and additional Hunt Electric yards/uses to the east. The primary building for Hunt Electric was approved as a permitted use in 1993 (PR-22- 93). Business license records indicate that Hunt Electric located their facility here in 2001. Since that time they have grown and have expanded their campus to adjacent properties. Part of this expansion includes outside storage yards. These storage areas are located directly west of the main Hunt Electric building (1935 and 1897 lot) as well as on the north side of Alexander Street (1940 lot). A majority of the outside storage yards were approved in 2017 under C-35-2017. This particular lot, which has been used by Hunt Electric for 13 years as indicated in the applicant letter, was not under Hunt Electric ownership until this year and was not included as part of any prior use reviews or plan approvals. The primary purpose of these yards is for outside storage of specialized equipment and electrical related materials. Tracked equipment is also used throughout these areas so the applicant is requesting that the surfacing for this yard be gravel [§7-9-114(2)]. There is no direct access from this parcel to Progress Drive so if it is properly maintained (weed free) and graded accordingly Staff feels like this is an appropriate surface for this request. However, the Commission may want to reinforce that vehicle and trailer parking shall only be permitted on paved surfaces. Outside storage areas must also be screened from public view. The City Code suggests using fencing, landscaping, building placement, topography, berming, etc. (§7-9-119). As outlined on the site plan, this storage area is set back behind landscaping (50% live plant material and a minimum of 1 tree planted every 30’) and a berm so the applicant believes this provides adequate screening. Hunt Electric is concerned with security and feels a solid barrier fence would increase the security issues for the yard. The landscaping that has been proposed does include trees however the shrubs and perennials are all very low growing. Staff recommends at a minimum, additional plantings be added that grow approximately 3-4’ tall in height adjacent to the fencing. Also, as discussed in the study session, the sides of the lot are also visible from the right- of- way. Currently no screening or landscaping has been provided for these areas. If the Commission feels that there is not adequate screening a condition could be added that requires slats in the fencing. These slats could be spaced to allow some visibility into the site for security but also provide some screening as well. So not 100% covered but at least 50% could easily be achieved with slat spacing for example. There are no structures proposed for this yard however, there are existing cargo/storage containers on site. These must be removed or screened and located on the appropriate surface to meet the standards in City Code (§7-7-106). Public Works is also currently doing a review of the plans. They have indicated that curb, gutter and sidewalk is required along this frontage. That will not impact the 20’ landscape setback or fencing location. Also, an overall grading and drainage plan, including any required access and drainage easements, will be required for this parcel as well as the parcels from C-35-2017 that have not been completed. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing, as well as the following conditions: 1. The site improvements must be constructed per the approved plans and meet all applicable West Valley City standards including Public Works requirements. 2. The storage area may be surfaced with gravel as outlined in 7-9-114(2). All vehicle and trailer parking shall be located on a hard surface. 3. The lot frontage must be landscaped per the standards set forth in the West Valley City Municipal Code including one tree for every 30’ of frontage and 50% live plant material. 4. The landscape setback shall include a minimum 3’ berm and landscape plantings along the fence that are between 3’-4’ to provide screening. 5. The fencing along the sides of the storage yard must be slatted to at least 50% transparency for a minimum setback of 75’. 6. Cargo containers shall comply with City Code 7-7-106 or be removed from this location. 7. Must have approval from all other affected departments and agencies. 8. 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 pointed out that there are different screening options outlined in the staff report for the Commission to consider. Jody noted that the applicant is requesting gravel surfacing for the outside storage because they store tracked equipment, which is frequently moved. She mentioned the adjacent property was approved for a conditional use in 2017 and explained that it has changed over time. Jody mentioned that there is more outside storage on that property today. She said the applicant could speak more about the changes happening throughout the campus. Jody said the applicant is requesting to screen the property with landscaping and berming; however, if the Commission feels additional screening would be appropriate, they can add that as part of the motion. Richard Hunt, the applicant, said they finally closed on the subject property in June of this year. He noted that UPS previously owned the property, but his business has used it for thirteen years. Mr. Hunt feels that his request to use landscaping and beaming as screening for the outside storage is appropriate. He stated that he would be amendable to slatting the fence on the west side of the storage and 75 ft on the south side. Mr. Hunt pointed out that the gravel surfacing has been draining well for 13 years. He pointed out where the stored cargo containers are 190 feet from the road and said they shouldn't be noticed. However, he would also be willing to add slats to that fence. Mr. Hunt wants to know if asphalt is the required surfacing under the cargo containers or if adding a precast block under the four corners of the container is okay. Mr. Hunt mentioned that he is required to add a sidewalk in front of his property along Progress Drive. He noted that there are no other sidewalks along that street and no foot traffic. Mr. Hunt said that Jody forwarded him a delay agreement from 1999, and it was never acted upon. He said they would like to extend the delay agreement or waive that requirement. Commissioner Woodruff said the current surfacing works as long as the gravel isn't tracking onto the street. He remembers the previous applications and feels that landscaping and berming work as screening for the outside storage 190 feet from the road. However, he feels slats should be added to the fence on the subject property because the storage is located right next to the street. Steve pointed out that City Council approval is needed for a delay agreement. He said for the past few years, the Council has requested not to review delay agreements. Jody stated that the delay agreement in question was from 1999. However, this new development triggers a review, and the delay agreement is part of that review process. Mr. Hunt explained that there is a buffer between the gravel surfacing and the streets to prevent any tracking on the road. He noted that many items had been stolen from his property and that adding slats to the fence would create a haven for thieves. Mr. Hunt said he has been using the property for thirteen years, so the use has stayed the same, and he would like the Commission to consider that when reviewing this proposal. Steve Pastorik stated that the use has stayed the same but was never approved. Mr. Hunt asked again why they are required to add the sidewalk where there isn't any foot traffic. Commissioner Woodruff stated that the Commission can not address this requirement. Steve stated that the requirement is part of the ordinance, so this would be a debate about the regulation, and there are better forums to have that discussion. He said that the applicant would need to request a change to the ordinance.  Brandon Hill agreed with Steve's statement and stated that this would need to be an ordinance change request. Jody pointed out that the asphalt surfacing for the cargo containers is per the building code and she will address that with Mr. Hunt after this meeting. Motion: Commissioner Woodruff motioned to approve C-22-2023 with the following modifications to the staff alternatives listed in the 7 conditions below: 1. The site improvements must be constructed per the approved plans and meet all applicable West Valley City standards including Public Works requirements. 2. The storage area may be surfaced with gravel as outlined in 7-9-114(2). 3. The lot frontage must be landscaped per the standards set forth in the West Valley City Municipal Code including one tree for every 30’ of frontage and 50% live plant material. 4. The fencing along the storage yard must be fully slatted along the front and 25’ along the sides. 5. Cargo containers shall comply with City Code 7-7-106 or be removed from this location. 6. Must have approval from all other affected departments and agencies. 7. Subject to review upon valid complaint. Commissioner Lovato seconded the motion. Vote: Commissioner Lovato Yes Chair Fuller Yes Commissioner Wood Yes Commissioner Woodruff Yes Commissioner McEwen Yes Unanimously – C-22-2023 – Approved PLANNING COMMISSION BUSINESS Approval of Minutes from July 5, 2023 Study Meeting Approval of Minutes from July 12, 2023 Regular Meeting Approval of Minutes from July 19, 2023 Study Meeting Approval of Minutes from July 26, 2023 Regular Meeting Motion: Commissioner Woodruff motioned to approve the Meeting Minutes Commissioner Lovato seconded the motion. Vote: Commissioner Lovato Yes Chair Fuller Yes Commissioner Wood Yes Commissioner Woodruff Yes Commissioner McEwen No  Unanimously – Meeting Minutes– Approved There being no further business, the meeting adjourned at 5:42 pm. Respectfully submitted, Kirsten Hunt, Administrative Assistant