Planning Commission Regular Meeting

WEST VALLEY CITY PLANNING COMMISSION PUBLIC HEARING MINUTES DECEMBER 13, 2023 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 Pastorik, Jody Knapp, Brock Anderson, Steve Lehman, and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill, Deputy City Attorney AUDIENCE There were 8 people in the audience GP-3-2023 West Valley City Amend the Major Street Plan to 1) remove 2400/2365 S between 3200 W and Arnold Way (2940 W) 2) add 2210 S as a 66' right-of-way between 3200 W and Arnold Way (2940 W) 3) add Arnold Way (2940 W) as a 66' right-of-way beginning at 2100 S and extend to 2365 South. 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. 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 guide Municipal street projects and improvements, determine setbacks along major streets that have yet to be widened and identify streets needing right-of-way dedication as part of a subdivision. Purpose: An additional east-west roadway between 3200 West and Constitution Blvd (2700 West) has been needed to help mitigate some of the transportation issues and reduce the amount of traffic and congestion at the intersection of 3200 West and the South Frontage Road. It is likely that in the future it will be necessary to pull southbound left turns out of the frontage road and the 3200 West intersection so this connection would be the new route. The three Major Street Plan changes are described below. 1) Remove 2400/2365 South between 3200 West and Arnold Way (2940 W) A roadway from the existing "T" Intersection on Constitution Blvd and 2365 South to the existing "T" Intersection of 3200 West and 2400 S Street was the preferred location. However, construction in that area makes that alignment no longer feasible. Therefore, the western most portion of this alignment (3200 West connection) will be removed and relocated as outlined below. The eastern connection to 2700 West at 2365 South shall remain. 2) Add 2210 S as a 66' right-of-way between 3200 W and Arnold Way (2940 W) This alignment utilizes some existing street infrastructure and eliminates the need for additional access points along 3200 West. The modification would include an extension of 2210 South to the east to Arnold Way (2940 W). The current right-of-way width for 2210 South is 50’. This is the smallest existing right-of-way but already has the pavement width for a 66’ right-of-way, which is 41’. 3) Add Arnold Way (2940 W) as a 66' right-of-way beginning at 2100 S and extend to 2365 South. This modification includes an extension to the south to 2365 South which provides a connection to 2700 West. Therefore, completing the east-west transportation network. The current right-of-way width for Arnold Way (2940 West) is 60’. The existing pavement width in this section is 35’. Typically, the responsibility to install curb, gutter, sidewalk, and streetlight improvements would fall to the adjoining owner in one of three instances. First, there is new construction on a vacant adjoining parcel. Second, 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. Staff Alternatives: 1. Approval of the General Plan change. 2. Continuance, for reasons determined during the public hearing. 3. Denial. Discussion: Jody Knapp presented the application. There was no further discussion. Motion: Commissioner McEwen motioned to approve GP-3-2023. Commissioner Woodruff seconded the motion. Vote: Commissioner Lovato Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner McEwen Yes Chair Fuller Yes Unanimously – GP-3-2023 – Approved ZT-7-2023 West Valley City A zone text change to amend Section 7-13-704 to allow lots or parcels within a commercial complex to access a dedicated street by crossing another lot or parcel with a recorded access easement. City staff is proposing an ordinance change to amend Section 7-13-704 to allow lots or parcels within a commercial complex to access a dedicated street by crossing another lot or parcel with a recorded access easement. In July of last year, the City Council adopted Ordinance 22-29, which prohibited private streets in new subdivisions except for subdivisions within the M (Manufacturing) zone. At the time, the Council had expressed concerns about the financial burden private streets place on the residents of planned unit developments (PUDs) with private streets. However, as currently written, the ordinance prohibits the creation of pad sites within commercial developments. The proposed ordinance would allow for the creation of new pad sites within a commercial complex. For reference, the term commercial complex is defined in the ordinance as: “two or more Commercial Uses on a single Lot or adjacent Lots which are dependent upon each other to meet minimum standards for parking, vehicular circulation, or Landscaping or which are approved as elements in an overall Site Plan under a Conditional Use or Subdivision application”. Pad sites within a larger commercial development would be part of a commercial complex. Examples of existing commercial developments where vehicles must drive over another parcel to access pad sites include the Valley Fair Mall, the Walmarts along 5600 West at 3100 S and 6200 S, Winco at 2572 S 5600 W, and the Kohl’s anchored center at 3031 S 5600 W. Staff Alternatives: 1. Approval. The ordinance should be approved as proposed by staff. 2. Continuance. Discussion: Steve Pastorik presented the application. There was no further discussion. Motion: Commissioner Porter motioned to approve ZT-7-2023. The ordinance should be approved as proposed by staff. Commissioner Winters seconded the motion. Vote: Commissioner Lovato Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner McEwen Yes Chair Fuller Yes Unanimously – ZT-7-2023 – Approved SMI-2-2023 Truong Subdivision – Amending Lot 14 Benview Subdivsion No. 10 4385 West Benview Drive R-1-8 and A Zones 7 Lots 4 Acres BACKGROUND Russ Platt, is requesting minor subdivision approval for the Truong Subdivision. The property was recently rezoned from the A zone to the R-1-8 zone, though a portion is still zoned A. A development agreement was approved by the City Council that sets forth the development standards for new housing. This application also amends lot 14 of the Benview Subdivision No. 10. STAFF/AGENCY CONCERNS: Fire Department:  Fire hydrants to be installed in accordance with the Uniform Fire Code. Granger Hunter Improvement District:  Project will need to run availability for water, sewer and fire protection.  Subject to design and review inspections. Utility Agencies:  Subject to all standard easement locations. Public Works:  Authorization required of ditch/water users for any abandonment, relocation, piping or any other modifications to existing ditches or irrigation structures.  Revisions to plat are required.  Will need to align the new cul-de-sac with 4385 West across Benview Drive.  Soils report will be required.  Will need to resolve some boundary matters relating to existing fences along the southern line of the subdivision. Building Inspections:  Soils report will be required. ISSUES:  Mr. Platt is requesting minor subdivision approval for the Truong Subdivision. The subdivision will consist of 7 lots on approximately 4 acres. This equates to an overall density of 1.75 units per acre. Lot sizes range from 8,760 square feet to 29,600 square feet. Lot 107 (to be known as Parcel A) will be approximately 1.8 acres and will be developed in the future. Lot 14 of the Benview No. 10 subdivision will be amended and will be known as lot 105. The amendment of this lot was a necessary component for the subdivision to be possible.  Access to the subdivision will be gained from Benview Drive. The access road will terminate with a cul-de-sac. A 20-foot stem for a flag lot will extend eastward from the cul-de-sac to service the existing dwelling on what will become lot 104. An existing stub street at the east boundary of the development will remain and will be  used for future development of lot 107 (which will be changing to Parcel A). Since this parcel will be used for future development, the stub road can remain as is and will not be required to end in a cul-de-sac for the time being.  Public improvements including curb, gutter and sidewalk are existing along Benview Drive. Any existing damage to those improvements or damage that may occur during construction will need to be replaced as directed by the City Engineering Division .  As mentioned previously, the property was rezoned to accommodate the subdivision. A development agreement was approved that is consistent with other residential agreements recently approved in the City. Key requirements for housing, building materials, architectural features are addressed in said agreement.  Given the location of this property in relation to the Utah Salt Lake Canal, the subject property may have been irrigated in the past. There is an existing irritation box at the southwest corner of the property and it appears there is an open ditch that runs north/south between the proposed subdivision and lot to the west. The developer will need to coordinate any irrigation systems that may be part of this property or that may flow through this property with the irrigation company or ditch master along with the Engineering Division. If the open ditch is active it will need to be piped.  The applicant will be required to submit a soils report prior to a review by the City Council. The report will need to be reviewed by the City Building Official and City Engineer.  The new subdivision is bordered by residential housing and the Utah Salt Lake Canal. According to the record of survey, there are a few places where existing fences do not line up with property lines. The applicant has been made aware of these issues and will be coordinating this matter with residents and the canal company. City ordinance will require the canal to be fenced. STAFF ALTERNATIVES: A. Grant subdivision approval for the Truong Subdivision subject to the following conditions: 1. That compliance be made with Granger Hunter Improvement District regarding water line extensions, sewer connections and fire protection. 2. That the subdivision name and street name be approved by Salt Lake County. 3. That an appropriate ground water and soils investigation be made by a certified engineer. Said report shall be completed prior to City Council approval.  4. That all future curb cuts and access points on Benview Drive be coordinated with the City Engineering Division. 5. That all matters pertaining to any existing irrigation system be addressed with the City Engineering Division and water users as outlined in the analysis. 6. That the developer resolve all staff and agency concerns. 7. That this subdivision comply with all provisions of the development agreement. 8. That the developer resolve those boundary discrepancies as outlined in the analysis. 9. That a building permit not be issued for lot 107 (to be known as Parcel A) unless the stub street terminate in a cul-de-sac. 10. That a 6-foot chain link fence be installed along the canal right-of-way. B. Continuation to address issues raised during the public hearing. Discussion: Steve Lehman presented the application. Rae Anderson, a neighboring resident, said she thought the proposal was for four additional homes, not seven. Chair Fuller explained that two existing homes are on the subject property, so the applicant proposes adding four more. Mrs. Anderson asked the Commission if they had considered the impact of increased traffic, where the streets are not very wide, and increased property taxes. She stated there would also be a negative impact on the local schools. Steve Lehman explained that there have been plans for future development. He noted that the streets could take on the increased traffic from four single- family homes. Steve said the State prohibits discussing the impact on the school system in this forum. Russell Platt, the applicant, said that everything has stayed the same since the original proposal. Motion: Commissioner Woodruff motioned to approve SMI-2-2023 subject to the 10 alternatives listed in the staff report. Commissioner Wood seconded the motion.  Vote: Commissioner Lovato Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner McEwen Yes Chair Fuller Yes Unanimously – SMI-2-2023 – Approved SV-1-2023 Vacating all of 5720 West 5720 West 4535 South BACKGROUND The West Valley City Engineering Division is requesting a street vacation for all of 5720 West at 4535 South. The street to be vacated was platted as part of the Cape Cod Estates Phase 3 Subdivision. This subdivision was recorded in 1994. The stub street was platted to provide access to the vacant property to the south. A short time ago, staff received an application for a Charter School to be constructed on property immediately south of the stub street in question. While the Charter School will have its main access at 5600 West, a proposed second access was indicated at 5720 West. After reviewing the site plan, and in light of traffic problems the City has experienced with other Charter Schools, a decision was made to vacate the right-of-way. Charter Schools in general draw few children from adjacent or nearby neighborhoods. The majority of students are dropped off and picked up by parents. The volume of vehicles differs greatly from a traditional school, thus creating traffic problems both on major streets and through subdivisions. In an attempt to mitigate vehicular traffic from the neighborhood to the north, the proposed vacation was initiated by the City Engineering Division. Staff anticipates that traffic will already be problematic on 5600 West and will potentially extend north and possibly west on 4535 South. Eliminating an additional point of conflict at 5720 West was seen as a viable and reasonable solution to help lessen the traffic congestion the Charter School will bring. As part of the request, the City will be removing the existing improvements and will install a new drive approach for the two residents to share. Landscaping will be installed and restored where necessary. According to City Ordinance, streets and/or alley vacations shall be reviewed by the Planning Commission with a recommendation to the City Council. RECOMMENDATION Approval of the street vacation as requested. Continue the application due to issues raised during the Planning Commission hearing. Discussion: Steve Lehman presented the application. Corvin Richardson said he lives on the west side of the proposed street and isn’t looking forward to the extra work from maintaining the driveway as he will be helping the east neighboring widow, but he favors the application as opposed to all of the anticipated traffic from the Charter School. Motion: Commissioner Lovato motioned to approve SV-1-2023. Commissioner Winters seconded the motion. Vote: Commissioner Lovato Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner McEwen No Chair Fuller Yes Majority – SV-1-2023 – Approved C-26-2023 Granite Construction (Qiun Bingham) 6602 West 2100 South M Zone (23.1 Acres) Granite Construction is requesting a conditional use for a Hot Mix Asphalt (HMA) Plant, Reclaimed Asphalt Pavement (RAP) Recycle Facility, Office and Equipment Shop Space, and Landscape Materials Sales Facility at property located at 6602 West 2100 South. The property is zoned M (manufacturing) and is designated by the West Valley City General Plan as heavy manufacturing. This parcel borders Salt Lake City to the north and the zoning there is OS, Open Space. Surrounding land uses include Teancum Construction, which is a similar use to the west, vacant undeveloped land to the north, a salvage yard to the east, and an office warehouse distribution center to the southwest. There is a large wetland type area that is currently in place on this property. A consultant has completed an "aquatic resources delineation" (ARD) report on the property which has been provided to the US Army Corps of Engineers (USACE) in an effort to obtain an approved jurisdictional determination. The applicant will continue to work with the USACE to ensure this development is in compliance with all requirements associated with that area and the surrounding areas as the project design develops. This information will also be coordinated with WVC Public Works. The proposal for this parcel includes a Hot Mix Asphalt (HMA) Plant. A detail has been included in the packet to illustrate the type of equipment associated with that facility. In addition to the HMA there will also be a Reclaimed Asphalt Pavement (RAP) Recycle Facility to store imported/exported aggregate goods, recycle used materials as well as store heavy trucks, trailers and equipment. There will be no salvage or impound uses located here. An office and shop building will also be provided for these uses. These buildings are not subject to the Commercial Design Standards and the design of those facilities will be submitted at a later date. Lastly, there will be a Landscape Materials Sales Facility on the northwest portion of the property. There are a variety of surfaces proposed for this use to allow for some flexibility based off the needs of the construction company that occupies the site. Gravel or crushed asphalt will be used to accommodate the heavy truck, trailer and loader parking in the unprocessed RAP area, Aggregate Stockpile Area, Recycle Plant, and portions of the Asphalt Plant. Native existing material and granular borrow will utilized in unprocessed RAP and aggregate stockpile areas. These areas will not be used for truck or trailer parking. Equipment use in these areas will be primarily loaders and haul trucks bringing in and hauling out materials. All vehicle/truck traffic routes as shown in the site plan will be paved, which consists of property ingress/egress locations, the perimeter and landscape yard traffic routes. The perimeter truck traffic route will be 24-feet wide to accommodate two-way traffic, as needed. The ingress/egress accesses will be designed to handle up to 80,000-pounds as required by the Fire Department. All proposed passenger vehicle parking areas and future office building parking will be paved. The site has frontage along 2100 South. The public street will need to be improved along the entire frontage as part of this development. Public Works will work with the applicant on a Delay Agreement for curb, gutter and sidewalk. Street lights will also be provided. There is also an access on the south side to the Frontage Road. Improvements will be installed along this frontage as required as well. Landscaping for the site will include the 5-percent minimum, or approximately 1.15-acres of the 23.1-acre property with an emphasis on drought-resistant plants. This landscaping will focus around the paved parking areas, property entrances, and proposed office building. Due to the narrow width of the south frontage (approximately 33’) landscaping may be limited there but they will provide a finished edge and landscape appearance along that access route as well. Due to the large size of this site and the materials/equipment to be stored here, staff recommends that the landscaping along 2100 South be bermed and enhanced to provide screening. A 6-foot-high chain-link fence will be installed around the property. The applicant also indicated a perimeter and visibility barrier may be installed on the fencing as needed to obscure outside visibility. Staff Alternatives: Approval, of the expansion subject to the resolution of any issues raised at the public hearing and the following conditions 1. There shall be minimum of 20’ of landscaping provided along the entire 2100 South frontage that includes at least 1 tree planted for every 30 ft of frontage, a minimum of 4 shrubs per tree and 50% live plant material coverage. 2. There shall be a variety of rock material and colors along the frontage landscaped areas to create some visual interest with plant groupings and a berm to provide screening of the site. 3. Surfacing, parking and storage must be conducted in approved areas only on the appropriate surfaces based off the use as discussed in the above report and as indicated on the approved site plan. 4. There will be no salvage or impound uses are located here. 5. The entire site, including any wetland, drainage and landscaped areas, shall be properly maintained and free of invasive weeds, garbage and debris. 6. All requirements of any affected department or agency must be met, including but not limited to the US Army Corps of Engineers, Magna Water, WVC Public Works, WVC Building Inspections and WVC Fire Department. 7. Subject to review upon valid complaint. Continuance, to allow time for the applicant to provide additional details or resolution for any issues raised at the public hearing. Discussion: Jody Knapp presented the application. Commissioner Porter asked Jody to clarify where the property would have asphalt. Jody said any area with traffic or parking would be paved. Chair Fuller asked Jody if there was existing piping for the water to flow to the north. Jody stated that she is unaware of any piping but believes it would be required, like it was on the property to the west. Quin Bingham, the applicant, said that he had walked along the north side of the property and didn’t find any evidence of existing piping. Motion: Commissioner Winters motioned to approve C-26-2023 subject to the seven staff alternatives outlined in the staff report. Commissioner Lovato seconded the motion. Vote: Commissioner Lovato Yes Commissioner Porter Yes  Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner McEwen Yes Chair Fuller Yes Unanimously – C-26-2023 – Approved C-27-23 3995 S. Redwood C-2 zone, 1.12 acres The applicant, Truong Properties, is requesting conditional use approval for a fast food restaurant with a drive-thru and office/warehouse facility at 3995 S. Redwood Rd. The zoning for this property is C-2, General Commercial and the General Plan designation is Mixed Use. The surrounding zone is C-2, general commercial on the north and south. The property to the east and west is zoned RM, multi unit residential. The surrounding uses include a Smiths shopping center to the south, a retail/salon and RV storage lot to the north, Boulder Pines residential development to the east and The Redwood Apartments to the west across Redwood Road. This proposal includes three separate tenant buildings. The first is a 1,400 sqft fast food with drive-thru restaurant. No tenant information has been provided at this time. The building will be constructed with two different simulated wood siding products, which are a masonry product and the design must comply with the Commercial Design Standards. The second building, labeled the West Building, is a two-story office (3,800 sqft) and warehouse facility (3,350 sqft). The zone is C2 so the warehouse must occupy less than 50% of the building square footage on the site. This building façade design includes corrugated aluminum siding, stucco, simulated wood siding and glass overhead doors. The building is subject to the commercial design standards and the west façade will be reviewed as a secondary façade. The north elevation is currently located on the property line and does not comply with Building or Fire Code so it will be re-evaluated during the plan review process. The third building, labeled the East Building, is also a two-story office (3,300 sqft) and warehouse facility (3,305 sqft). This building façade design includes corrugated aluminum siding, stucco and a stone wall cladding design feature. The building is subject to the commercial design standards and the south and east façade will be reviewed as a secondary façade. This building is adjacent to residential. The building height (28’) currently does not meet City Code (20’ at the 10’ setback) so that will be re-evaluated during the plan review process. There shall also be no overhead doors on the east façade towards the residential. A masonry wall shall also be required along this eastern property line and landscaping. The applicant has not indicated tenants or hours of operation but Light Industrial type uses are prohibited (inside manufacturing). If any other uses are proposed in the future they must comply with 7-6-301. This would include for example auto service which would come back to the Planning Commission for conditional use review. The property has frontage along Redwood Road which is a High Image Arterial and subject to the requirements set forth in 7-10 of the West Valley City Municipal Code. There is a drive-thru lane located along the frontage so additional screening of the area must also be provided. Trees and landscaping are required within the interior of the site/parking lot as outlined in Title 7 with a minimum landscaping percentage of 15% for the parcel. There is also a lighted pedestrian crossing for Redwood Road along this frontage so a connection to that facility will also be provided. Parking calculations will be verified based off the tenant mix but the site must be able to accommodate the mix of restaurant, office and warehouse tenants. There must also be adequate stacking for 4 cars from the restaurant order board and pick up window. 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. Lastly, the Fire Department expressed concerns on the initial design concept including aisle widths and the turning radius for emergency vehicles. This issue will also be evaluated during the plan review process. 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, including screening of mechanical equipment and glass overhead doors in the warehouse spaces. 2. There shall be no overhead doors on the east side of the project, adjacent to residential. 3. A 6’ masonry wall and landscaping is required adjacent to the residential zone on the east side of the site. 4. The approved uses include office, warehouse and a fast food restaurant. Any other future uses must comply with 7-6-301. 5. The site shall be landscaped per the approved plans and the frontage shall be designed per 7-10, Standards for Landscaping Along High Image Arterial Streets and 7-7-111, Fast Food Establishments with Drive-Up Windows. 6. The access drive shall be landscaped as part of this project and must include a minimum of 1 tree for every 30’ of frontage as well as 50% live plant material coverage not including tree canopies. 7. There must be adequate parking for the proposed mix of uses. 8. All signage must comply with the West Valley City Sign Ordinance.  9. Must meet requirements of all affected departments and agencies including WVC Fire and Building Departments. 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. Russ Platt, the applicant, confirmed that he is unaware of who the tenants would be. Commissioner Woodruff asked if any franchise could operate on the property. Mr. Platt stated that they would need to fit the proposed structure, which is smaller than what a national chain would require. Motion: Commissioner Woodruff motioned to approve C-27-2023 subject to the 10 staff alternatives outlined in the staff report. Commissioner Porter seconded the motion. Vote: Commissioner Lovato Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner Wood Yes Commissioner McEwen No Chair Fuller Yes Majority – C-27-2023 – Approved PLANNING COMMISSION BUSINESS Approval of Minutes from October 4, 2023 Study Meeting Approval of Minutes from October 11, 2023 Regular Meeting Approval of Minutes from October 18, 2023 Study Meeting Approval of Minutes from October 25, 2023 Regular Meeting Motion: Commissioner McEwen motioned to approve the four sets of meeting minutes. Commissioner Porter seconded the motion. Vote: Commissioner Lovato Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes  Commissioner Wood Yes Commissioner McEwen Yes Chair Fuller Yes Unanimously – Meeting Minutes – Approved There being no further business, the meeting adjourned at 4:44 pm. Respectfully submitted, Kirsten Hunt, Administrative Assistant