Planning Commission Regular Meeting

WEST VALLEY CITY PLANNING COMMISSION PUBLIC HEARING MINUTES 05/22/2024 at 4:00 p.m. 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/86528756733 WEST VALLEY CITY PLANNING COMMISSION MEMBERS Brent Fuller, Mathew Levato, Martell Winters, Cindy Wood, Harold Woodruff, David McEwen, and Renee Layton ABSENT Darrick Porter WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Jody Knapp, Brock Anderson, and Margo Hoyt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill, Deputy City Attorney AUDIENCE There were 3 people in the audience. ZONE CHANGE APPLICATIONS Application #: ZT-5-2024 Applicant: West Valley City Request: An ordinance text change to amend Section 11-5-104 of the Sign Ordinance to allow monument signs for certain residential developments. City staff are proposing an ordinance text change to amend Section 11-5-104 of the Sign Ordinance to allow monument signs for certain residential developments. The first change relates to monument signs for mobile home parks in the RMH zone. The City’s Sign Ordinance currently prohibits monument signs for mobile home parks in the RMH (Residential Mobile Home) zone. However, most mobile home parks in the RMH zone already have a monument sign that was constructed under a different set of sign regulations. The table below lists mobile home parks within the RMH zone that already have a monument sign.  Name of Mobile Home Park Address Meadowbrook 1240 W Hummingbird St Silo Farms 3655 S 1300 W Riverside 1232 W Rock River Rd Byde-A-Wyle 3455 S Byde A Wyle St American Heritage 3040 S Homecrest St Windsor Estates 2800 Hampton Dr Westcrest 3388 S Eastcrest Rd This first change was prompted by the owners of the Town and Country mobile home park located at 3751 S Redwood Rd. This mobile home park had a pole sign that was removed. The owners would like to install a monument sign; however, the current sign code prohibits monument signs for mobile home parks in the RMH zone. Staff is recommending that monument signs be allowed for mobile home parks in the RMH zone for the following reasons:  most mobile home parks in the RMH zone already have a monument sign,  monument signs emphasize the entrance of the community and help create community identity, and  in the case of the Town and Country mobile home park, it is located on Redwood Road where monument signs are common. The second change relates to monument signs for multi-family residential developments located in zones other than the RM (Multiple Unit Dwelling Residential) zone. The City’s Sign Ordinance currently allows monument signs for “multiple-unit dwellings” in the RM zone only. However, there are several multi-family residential developments built in zones other than the RM zone that already have a monument sign that was constructed under a different set of sign regulations. The table below lists multi-family developments within zones other than RM that already have a monument sign: Name of Development Address Zone # of Units Gearld L. Wright Villa 3375 W 3650 S R-4 79 Oxford Court 3275 W 3650 S R-2-6.5 42 Willow Park 3350 W 3800 S R-4 88 Reunion Woods 3639 S 5600 W R-1-8 24 Granger 3344 S 4000 W R-2-8 24 Kelly Benson 3122 S 3600 W RB 59 Harmony Gardens 3521 W 3100 S R-1-8 96 Compass Villa 1466 W 3500 S RB 55 Lakeside Village 1580 W Parliament Ave R-1-8 144 Staff is recommending that monument signs be allowed for residential developments with at least two dwelling units per building, with at least 20 total dwelling units, and in zones other than the RM zone for the following reasons:  such developments already have a monument sign,   monument signs help create community identity,  the minimum of 20 total units prohibits monument signs for individual duplexes and fourplexes, and  such signs are currently nonconforming and, as such, the code is unclear as to what standards apply when alterations are desired. This change solves this issue. Staff Alternatives: 1. Approval. The ordinance should be approved as proposed by staff. 2. Continuance. 3. Denial. Discussion: Steve presented the application. There was no Commission discussion or public comments. Motion: Commissioner McEwen motioned that ZT-5-2024 be approved. Commissioner Winters seconded the motion. Chair Fuller ask the commissioners to vote. Vote: Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner McEwen Yes Commissioner Wood Yes Commissioner Layton Yes Chair Fuller Yes Unanimously – ZT-5-2024– Approved CONDITIONAL USE APPLICATIONS Application #: C-8-2024 Applicant: JM Seafood Address: 3394 West 3500 South Property Size: C2 Zone (.42 Acres) The applicant, JM Seafood, is requesting conditional use approval for a Grocery Store. This property is zoned C2, General Commercial, and the West Valley City General Plan designates this area as General Commercial. The surrounding zone is RM (Multi Unit Dwelling Residential) to the North, and C2 (General Commercial) on all other sides. The residential Rosewood Gardens Condos are to the north, O’Reily Auto Parts is to the west, a retail strip mall is to the east and Panda Buffet is to the south across 3500 South. This property is currently occupied by JM Seafood and operates as a Neighborhood Grocery Store. At this time, they would like to expand the original building footprint (2,370 SF) to add additional warehouse and freezer space (3,536 SF). This increases the total floor area to 5,915 SF and is therefore now considered a Grocery Store by definition in the West Valley City Municipal Code. The uses inside the building will include a retail sales area (3,040 SF) and warehouse (2,592 SF). The C2 zone does not allow warehouse uses to exceed 50% of the square footage of the buildings area. Due to the type of inventory, which is primarily frozen seafood products, there are also several large freezers located in the retail section of the store. Delivery services are also provided with two van type vehicles. These will remain on site and will be housed in the new addition and not stored outside. The building addition will have a stucco façade along the visible portion (east side) as well as the north, and a metal façade on the west, which is not visible to the adjacent business. The addition is over 50% of the original floor area and is therefore subject to the Commercial Design Standards in the City Code and will be reviewed as a Secondary Façade. The typical hours of operation for this use are 6:00 am – 6:00 pm, 7 days a week. There will be four to six employees and approximately 12 parking spaces provided (7 required). The site is adjacent to residential on the north side so the setbacks (10’), landscaping, and masonry screening wall will also be completed. The existing vinyl fencing will remain along the east side, which is the access for the residential development. The landscaping in this area will be improved with trees and live plant material. The frontage of this property is along 3500 South, which is a High Image Arterial. Currently due to the building location there is no landscaping along that frontage. With this addition the east side of the parking must be setback 20’ and that entrance area must be landscaped to comply with the 7-10 standards of the City Code. Also, 3500 South is a UDOT facility, and they have requested that the parking be setback as well. The WVC Fire Department is currently reviewing the access plan and will provide requirements as part of the plan review process for this development. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing, as well as the following conditions: 1. The use on site is approved for a Grocery Store and the Warehouse use shall not exceed 50% of the total floor area. 2. There shall be no outside storage and no more than 2 delivery vans on site. 3. The addition is subject to the Secondary Façade requirements in the Commercial Design Standards and must be architecturally integrated with the existing building. 4. The site shall be improved and landscaped per the approved plans including  landscaping along the east frontage to comply with the 7-10 standards of the WVC Municipal Code. 5. The north boundary of the site shall be screened with a 6’ masonry wall. 6. Must meet requirements of all affected departments and agencies including but not limited to UDOT and the WVC Fire Department. 7. Subject to review upon valid complaint. Continuance, to allow for the resolutions of any issues raised at the public hearing or to allow for a revised site/landscape plans to be submitted. Discussion: Jody presented the application. She explained JM Seafood would like to expand their store footprint. Jeff Vincent, the architect, commented online. Jeff has spoken with the Fire Marshall and was told emergency access needs to be punched out on to 3390 West which is a private drive. Without permission from the condo HOA, the owner will have a chain across the opening with a Knox lock on it, that fire and emergency assistance would be able to open and get access for their equipment and turn around. Craig Berntsen lives at 3399 West 3470 South, in the Condominiums just to the north side of the property. He is opposed as it will increase traffic. Customers already park on Chimney Street, or 3390 West, for sales or holidays and it makes resident access in- and-out difficult. He is concerned about the vinyl fence that is owned by the Condominium, being replaced with something else. He is also concerned about additional lights at night to light the area, because the master bedrooms on all those units face the property in question. Jody responds that she will verify with the owner on the parking issues. It is a requirement in the ordinance that the fence be replaced with masonry on the north side, that's done in coordination with the adjacent property owner. There are lighting requirements, but they have not been submitted at this time. They cannot have any light spilling over from the project and are required to submit a photometric lighting plan to verify compliance with the City Code. Jeff Vincent interjects that they have done a photometric plan, and it has been submitted. He assured that JM Seafood will comply with those lighting standards. The vinyl fence where the emergency fire department would like to access is off 3390, which is the east side of the property, not the north side, so if it would be preferred, there wouldn’t be an issue in putting a vinyl gate there that would have the same Knox locks on it. Jody responds that the code requires a masonry wall between commercial and residential properties.  Craig returns to the podium to say Jr. High kids would jump the masonry fence that exists now, so they will continue to jump into the other property also. Motion: Commissioner Winters motioned that C-8-2024 be approved subject to the 7 conditions on the staff report. Commissioner Woodruff seconded the motion. Chairperson Fuller asks the commissioners to vote. Vote: Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner McEwen Yes Commissioner Wood Yes Commissioner Layton Yes Chair Fuller Yes Unanimously – C-8-2024– Approved Application #: CA-3-2024 Applicant: Granger Hunter Improvement District (GHID) Address: 1629 West 2320 South Property Size: RM zone, 1.31 acres The applicant, GHID, is requesting a conditional use amendment for an expansion of facilities at the existing Anderson Well site at 1629 West 2320 South. The zoning for this property is RM, Multi Unit Dwelling Residential, and the General Plan designation is Utility. The surrounding zones are A, Agricultural to the west, R-1-8 (Single Unit Residential) to the east, C2, General Commercial to the north and RM to the south. The surrounding uses include detached single unit residential to the west, the Red Oaks Village PUD (ROV) to the south, Bank of Utah and vacant land to the north and the Center Pointe Hollow PUD to the east. This property was originally approved as a well site in 2002 (C-14-2002). It was developed in coordination with the ROV PUD (PUD-1-2003) as shared open space. At this time GHID would like to expand their site for a treatment plant and reconfigure the open space and parking areas for Red Oaks. As part of the initial review prior to submitting the formal application, GHID did an analysis of the ROV open space and confirmed that are still in compliance with the 50% open space requirement with this requested modification. This also includes a requirement that the existing tot lot remain and be relocated as outlined in this submittal. The new structure that is being built will match the existing structure in height and materials. The fencing will remain as 6’ tall wrought iron and will enclose the entire area including the expansion. The existing vinyl fence along the west side will remain. Landscaping will be updated and enhanced including the 20’ setback along 2320 South. Staff also recommends that the landscaping along the south side of the facility, adjacent to the new ROV parking, be completed per 7-9 with a 5’ landscape strip and trees. Staff Alternatives: Approval subject to any issues raised at the public hearing as well as the following conditions: 1. The site shall be improved and landscaped per the approved plans including the following: a) Landscaping along 2320 South with 1 tree every 30’ and 50% live plant material coverage in the 20’ setback. b) A 5’ landscape strip along the south edge of the site adjacent to the extended parking area with 1 tree every 30’ and 50% live plant material coverage. 2. The building must be completed per the approved plans and be designed to compliment the existing building. 3. A tot lot for Red Oaks Village must be provided as shown on the submitted plans. 4. Must meet requirements of all affected departments and agencies, including but not limited to WVC Public Works. 5. Subject to review upon valid complaint. Continuance, to allow for the resolution of any issues raised at the public hearing. Discussion: Jody presented the application. There is a concern from the Commission about the utility easement. Todd Marti comes to the podium. He is Assistant General Manager, District Engineer for Granger Improvement District. Our address is 288 South 36 Member West. He states the generator will be moved to the south and will utilize noise attenuation. The utility easement contains fiber optic for the HOA. They prefer to install a solid fence around the site. Christina Osborn from J.U.B Engineers, 392 East Winchester Street, Salt Lake City, 84107. She talks about the storm drain basin, the easement changes, landscaping, and fencing. She mentions that it is their plan to keep access to 2320 South. Jody responded that Public Works will not approve an additional access and will review the requirements during the submittal process. Gabriel Elephant, at 2379 Big Oak Court, in Red Oaks Village. He is a member of the HOA Board, but not representing the HOA Board or the community as a whole. Just wanted to voice his approval. Motion: Commissioner Wood motioned that CA-3-2024 be moved for approval subject to the 5 conditions. Commissioner Winters seconded the motion. Chair Fuller ask the commissioners to vote. Vote: Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner McEwen Yes Commissioner Wood Yes Commissioner Layton Yes Chair Fuller Yes Unanimously – CA-3-2024– Approved Application #: CA-2-2024 Applicant: Morelia Building II 4936 W 3500 S Property Size: C-2 Zone (2.47 acres) The applicant, Utah Construction Specialists, is requesting approval for a conditional use amendment for a new building within a shopping center. The project is located at 4936 W 3500 S. The property is zoned C-2, General Commercial, and the West Valley City General Plan designates this area as General Commercial. Zoning to the north, east, and west is C-2, while parcels to the south are zoned R-1-8. The surrounding uses include a credit union to the west, charter school to the north, and a vacant commercial building, as well as the former Shopko building, parking lot, and restaurant pad sites to the east. The applicant is proposing to construct a two-story, 3,700 sq. ft. building on the property that was approved for a shopping center in 2021 (ZC 20210010). The original approval for the project included a roughly 12,000 sq. ft. multi-tenant retail and restaurant building. This building was completed earlier this year and is starting to be occupied by tenants. The current proposal is to remove 9 parking stalls and landscaping in the north-west corner of the site to accommodate the new building. At this time, the applicant has not indicated what types of businesses will occupy the new building. It will be permitted as a building shell only, and the interior spaces will be reviewed later with tenant improvement permits. Exterior materials for the new building will be EIFS, brick and metal siding, which will match the materials on the existing building on the property. The south elevation is a primary façade, and the east and west elevations are secondary facades. All facades shall comply with the Commercial Design Standards outlined in 7-11-300P, which means that some modifications will need to be made to the elevations from the plans submitted with the initial application. The existing access points and parking lot circulation on the site will not change. Nine parking stalls will be eliminated for the new building. Based strictly on retail and office uses going in the new building, 11 parking stalls are required. The parcel extends quite far to the east into some existing paved areas. This proposal has 22 more parking stalls added on the east side of the site to accommodate parking for uses in both buildings. That brings the total parking stall count to 69 stalls for the site. The 22 additional spaces on the east side will work, so long as a pedestrian connection is provided across the site to the west side of the existing building. Overall parking requirements for the site will be monitored as tenant improvement permits come in for review. Fifteen percent landscaping is required on the site, and approximately 22% landscaping will remain with the addition of the new building. Most of the landscaping was installed and completed with the first phase of the project. Landscaping will be added or modified around the new building. All signage on the property shall comply with the regulations in Title 11. Staff Alternatives: Approval, subject to the resolution of any concerns raised at the public hearing as well as the following: 1. The site shall be constructed per the approved plan. 2. The building shall meet all the Commercial Design Standards outlined in 7-11-300P of the West Valley City Code, with the south elevation being a primary façade and the east and west elevations being secondary facades. 3. Parking on the property shall comply with all regulations found in 7-9 of the West Valley City Code. The exact number of parking stalls required for both buildings will be evaluated and determined as Tenant Improvement Permits are reviewed. 4. For the 22 additional parking stalls added on the east side of the property to be considered when calculating minimum parking requirements on the site, a pedestrian connection must be provided to the west side of the existing building. 5. There shall be at least 15% landscaping on the site, and the landscaping shall comply with all West Valley City Title 7 requirements. 6. Signage shall comply with Title 11 of the West Valley City Code. 7. Shall meet the requirements of all affected departments and agencies. 8. 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. Riley Young, 7585 South Union Park Avenue, appeared remotely. He’s the architect on the project available for questions. Travis Benson, 6949 S. High Tech Drive, Midvale, Utah, appeared remotely. He’s the Civil Engineer on the project. He is aware that a sidewalk needs to be put in on the North side to connect to the parking lot. Motion: Commissioner McEwen motioned that CA-2-2024 be motioned for approval subject to the 8 conditions. Commissioner Lovato seconded the motion. Chair Fuller asked the Commissioners to vote.  Vote: Commissioner Porter Yes Commissioner Winters Yes Commissioner Woodruff Yes Commissioner McEwen Yes Commissioner Wood Yes Commissioner Layton Yes Chair Fuller Yes Unanimously – CA-2-2024 – Approved West Valley City does not discriminate on the basis of race, color, national origin, sex, religion, age, sexual orientation or disability in employment or the provision of services. If you are planning to attend this public meeting and due to a disability, need assistance in understanding or participating in the meeting, please notify the City eight or more hours in advance of the meeting. We will try to provide whatever assistance may be required. The person to contact for assistance is Kirsten Hunt, 801-963-3282.