Planning Commission Regular Meeting

WEST VALLEY CITY PLANNING COMMISSION PUBLIC HEARING MINUTES WEDNESDAY, SEPTEMBER 11, 2024 at 4:00 PM The meeting was called to order at 4:00 p.m. by Chair Lovato in the City Council Chambers at West Valley City Hall 3600 Constitution Boulevard, West Valley City, UT 84119, and using Zoom at https://us06web.zoom.us/j/86528756733 WEST VALLEY CITY PLANNING COMMISSION MEMBERS Mathew Lovato, Cindy Wood, Harold Woodruff, Darrick Porter, Nancy Drozdek, Martell Winters Renee Layton ABSENT WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Steve Lehman, Brock Anderson, Jody Knapp and Julie Davis WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill, Assistant City Attorney AUDIENCE There were 20 attendees in the audience and one online. Application #: GPZ-5-2024 Applicant: Grow Development, LLC Address: 3814 and 3876 South 6000 West Request: General Plan change from Large Lot Residential and Low Density Residential to Small Lot Residential and a zone change from A to R-1-8 with a PUD designation Property Size: 6.68 acres Jake Hone with Grow Development, LLC has submitted a General Plan/zone change application for two parcels totaling 6.68 acres located at 3814 and 3876 South 6000 West. Both parcels are currently zoned A (Agriculture, minimum lot size ½ acre) with a General Plan designation of Large Lot Residential (2 to 3 units/acre) on the south parcel and Low Density Residential (3 to 4 units/acre) on the south parcel. The proposed zone is R-1-8 (Single Unit Dwelling Residential, minimum lot size 8,000 square feet) with a planned unit development (PUD) designation and the proposed General Plan designation is Small Lot Residential (4 to 7 units/acre). West Valley City Planning Commission Public Hearing Minutes September 11, 2024 Page 1 of 11 Surrounding zones include A to the south, west, and a portion of the east and R-1-8 to the north and the remaining east portion. Surrounding land uses include a church to the south, Hunter Junior High School to the west, and single-family homes to the north and east. The north parcel includes 13 homes and 2 duplexes (4 units) and the south parcel includes 2 homes. All 17 units on the north parcel were built in the 1950s, are 624 square feet in area, have 2 bedrooms, and have a 1-car garage. On the south parcel, the house to the north is 1,296 square feet and was built in 1936 and the house to the south is 962 square feet and was built in 1928. The County Assessor has an overall condition that is assigned to every structure. The condition options include poor, fair, average, good, very good, and excellent. In this case, all of the units on the north parcel are rated as fair, meaning maintenance, rehabilitation, and replacement are needed on many items. On the south parcel, the home to the north is rated fair and the home to the south is rated poor. Eligibility for R-1-8 Zoning Up until recently, a request for R-1-8 zoning could only be made on properties under 2 acres. However, in July of this year, the Council adopted Ordinance 24-28 which allowed zone change applications on properties 2 acres and larger that meet the following conditions: 1. The property is developed as residential with a density of at least two dwelling units per acre. 2. The property has access and frontage on a street with a planned right-of-way width of at least 66 feet as indicated on the Major Street Plan. 3. The property does not have the off-site improvements of curb, gutter, and sidewalk along the street frontage. The two subject properties meet these conditions as described below: 1. The property is developed as residential with a density of 2.8 units/acre. 2. The property has access and frontage on 6000 West, which has a planned right-of-way width of 66 feet on the Major Street Plan. 3. There is no curb, gutter and sidewalk on the property’s street frontage along 6000 West or along the internal private street. Development Proposal The applicant is proposing to demolish all the existing buildings and develop a planned unit development (PUD) of single unit dwellings. The applicant’s original proposal included 42 units, yielding a density of 6.3 units/acre. However, after incorporating feedback from staff, the proposal now has 41 units, resulting in a density of 6.1 units/acre. The streets would be public and utilize the typical 54’ residential right-of-way. A total of just below one acre of open space is proposed in two different locations. Included with this report is a memo from the applicant that provides support for this application. Also included is a concept plan for the proposed improvements on the open space. The applicant has also included a development agreement proposal covering a variety of topics. The latest version of the development agreement proposal includes revisions made at the request of staff. The following is a summary of items addressed in the proposal:  The minimum lot size is 4,000 square feet and the minimum lot width is 45’.  The minimum setbacks are 20’ in the front, 15’ in the rear, 5’ for both sides on lots that are West Valley City Planning Commission Public Hearing Minutes September 11, 2024 Page 2 of 11  45’ wide (25% of lots), and 10’ and 5’ for sides on lots that are 50’ wide (75% of lots).  Amenities will include a pavilion, four picnic tables, one playground, a multi-use sport court, benches, and landscaped common area open space.  The requirement for 4.75 parking stalls/unit will be met.  Renderings of the proposed housing are included.  The minimum area for homes is 2,250 square feet above grade and all homes will include a basement.  All homes will include a front porch.  The exterior materials will be brick, stone, stucco, fiber cement, or composite materials with at least 25% of the front being brick or stone.  The minimum roof pitch is 4:12.  Variation is required between homes on adjoining lots or homes directly across the street from each other. Questions from the Commission During the Commission’s study session, questions were asked about the proposed lot size, project density, open space design, and home styles. In response to these questions, the applicant provided the attached document entitled “Request for PUD with Smaller Lots”. Staff Alternatives: 1. Approval. This application should be approved subject to a development agreement that includes the standards proposed by the applicant. 2. Continuance. 3. Denial. Discussion: Steve Pastorik presented. Commissioner Wood asked if any of the existing homes are owner occupied. Steve replied said that it’s his understanding that they are all rentals but he’s not sure of the lease terms. Commissioner Porter asked if the new homes will be for sale or rentals. Steve said all of the homes would be for sale. The applicant, Jake Hone with Grow Development, located at 1265 E. Ft. Union Blvd, Suite 302, Cottonwood Heights, was present. His company is excited to reinvigorate the tired property. Commissioner Wood asked if Grow Development would be building the homes. Jake replied they will be working with builder partners. Commissioner Winters asked if homes will be built as spec homes and then sold, or will they be sold and then built to specification. Jake answered the homes will be a mixture of both. Jake responded to Commissioner Wood’s question that all the homes that are on the property right now are rentals. They are under a lease agreement, many of them are on a month-to-month agreement at this time, but all their terms would end prior to the development. West Valley City Planning Commission Public Hearing Minutes September 11, 2024 Page 3 of 11 Commissioner Drozdek asked Jake if Grow Development has intentions to replace the vegetation and the trees that are already in place. Jake responded that they have done a heavy analysis on the site, on the six and a half acres. There are 470 trees right now and the majority of those will be going. Any trees that they can keep that are mature and a decent species they would try to keep and utilize, either in the open spaces or in yard spaces. Some of the yard spaces are small and tight, and so that may be tough if it imposes into the building envelope. As part of the plat approvals and plat submittals they will include the full landscape plan with proposed vegetation and minimum tree counts. They would include trees in the open space areas as well as in the front yards of every home. Their current plan is to make sure the PUD is a nice green space and water conscious. Dawn Muphy, lives at 3881 South 6000 West, asked for clarity on the trees that will be planted. She also wanted to know if the City has a plan for the renters that are going to be displaced. She is concerned about traffic becoming worse with the addition of more residents. Jake Hone responded that they won’t be able to replace all the trees that will be taken down, but the landscape plan will comply with Code requirements. As far as the residents that are there Jake said the new homes will be for sale. They won’t be affordable housing types but would be a market rate for sale product. Unfortunately, the current residents would have to go find housing throughout the City, or they could purchase one of the homes if it's feasible for them. Steve Pastorik added that about 30% of housing units in West Valley City are rentals and should be able to meet the needs of the displaced renters. Jake continued that the improvement of 6000 West will greatly circulate the traffic flow throughout that area where there's no shoulder, curb, or gutter. Traffic does naturally gravitate more towards the middle of the road and once those boundaries and barriers are in place it will feel more well-spaced out. Steve Pastorik added that it just so happens this project aligns with Cilma Drive. That will help quite a bit, because anywhere else on 6000 West if you want to go east, one must drive to 3500 South or 4100 South. Whereas these new residents in this development can just get on Cilma to go east. Commissioner Drozdek asked what the neighboring lot sizes are. Steve responded that they are R-1- 8. Commissioner Wood remarked that she is familiar with this area. All three of her children attended Hunter Junior High and it doesn't seem like there is any more traffic on 6000 West than the street just by her house. She has always thought that the property was underutilized, underdeveloped, and could be improved. She feels it's unfortunate that the current renters will be displaced, but knows adding curb, gutter and sidewalk along 6000 West, along with building 41 new homes, will be a great improvement. Commissioner Winters commented that even though the City is wanting larger lot sizes, he thinks this PUD will provide for a need within the City for new homes. Motion: Commissioner Winters motioned to approve GPZ-5-2024 subject to the development agreement. Commissioner Wood seconded. Vote: Commissioner Winters Yes West Valley City Planning Commission Public Hearing Minutes September 11, 2024 Page 4 of 11  Commissioner Drozdek Yes Commissioner Wood Yes Commissioner Woodruff Yes Commissioner Layton Yes Commissioner Porter Yes Chair Lovato Yes UNANIMOUS----GPZ-5-2024---APPROVED SMI-3-2024 Rushton Square Subdivision – Amending a portion of Lots 1 and 2 of the Floyd L Rushton Subdivision 5529 West 4100 South C-1 Zone 1 Lot BACKGROUND: Shane Sanders representing Mountain America Federal Credit Union is requesting minor subdivision approval for the Rushton Square Subdivision. The Subdivision will also amend lots 1 and 2 of the Floyd L. Rushton Subdivision. The property was recently rezoned from the A zone to the C-1 Zone. Surrounding land uses include single unit dwellings to the north and south, a CVS store to the west, and agricultural property to the east. The subject property was previously used for single family dwellings. However, those were demolished around the time UDOT widened this portion of 4100 South as part of the Mountain View Corridor project. ISSUES: The proposed subdivision will consolidate lots 1 and 2 of the Floyd L Rushton Subdivision to create 1 new lot. That subdivision was recorded in 1993 and consisted of 2 lots on 1 acre. As mentioned earlier, the property was recently rezoned to the C-1 zone to accommodate a new Mountain America Credit Union. Access to the subdivision is a little different than what is normally proposed. There will be no access drives specific to this lot along the frontage of the proposed subdivision. This is due in part to spacing requirements resulting from the Mountain View Corridor and improvements to the existing rights-of- way at 5600 West 4100 South. Access is proposed to be gained from an existing approach at the northeast corner of the CVS store to the west and from an existing approach on the adjacent property to the east. The applicant has been negotiating with both CVS and the east property owner to secure an access easement through those properties for and on behalf of the Credit Union. The access agreement will need to be resolved and in place prior to the plat being recorded. Improvements across the frontage of the subdivision were previously installed with the widening of 4100 South and 5600 West. West Valley City Planning Commission Public Hearing Minutes September 11, 2024 Page 5 of 11 STAFF ALTERNATIVES: 1. Approve the Rushton Square Subdivision and amendment to lots 1 and 2 of the Floyd L Rushton Subdivision subject to a resolution of the access easement. 2. Continue the application in order for the developer to address the Planning Commission’s concerns. Discussion: Steve Lehman presented. The Applicant, Shane Sanders, representing MACU, was present. He asked that the Commission approve the application based on him getting the easement in place. Motion: Commissioner Wood motioned to approve SMI-3-2024 subject to the resolution of the easement. Commissioner Winters seconded. Vote: Commissioner Winters Yes Commissioner Drozdek Yes Commissioner Wood Yes Commissioner Woodruff Yes Commissioner Layton Yes Commissioner Porter Yes Chair Lovato Yes UNANIMOUS---- SMI-3-2024---APPROVED C-15-2024 AWA Engineering (Maverik Inc.) 2384 South 5600 West LI zone, 3.99 acres The applicant, AWA Engineering representing Maverik, Inc., is requesting conditional use approval for a convenience store and gas station at 2384 South 5600 West. The zoning for this property is LI, Light Industrial and the General Plan designation is Light Manufacturing. This property is also located within the 5600 West Overlay Zone. The surrounding zone is LI, Light Industrial on three sides and the zoning to the east across 5600 West is M, Manufacturing. The surrounding uses include salvage yard facilities, a UDOT maintenance facility to the south and Warner Truck Center to the east. The site is a redevelopment of the GVI auto repair and salvage yard property and also includes assembly of property from UDOT and Masic Holdings, which was Butcher Auto Wrecking. The proposal is to construct a 5,982 SF building. This location will operate 24 hours a day and includes 8 fueling stations along the east side and an additional 4 diesel/truck high flow dispenser stations on the west side. There will also be an RV dumping station. The facade of the building will be constructed of a variety of products including fiberboard siding West Valley City Planning Commission Public Hearing Minutes September 11, 2024 Page 6 of 11 and cultured stone and must comply with the Commercial Design Standards. The gas canopy supports also need to have materials that match the primary building so a cultured stone wainscot must be added. The dumpster enclosure is located on the northwest corner of this building that will be enclosed behind a masonry screen wall that matches the building per 7-2- 118. For landscaping, the LI zone requires a minimum of 10% and the plan is currently showing 22.7% landscaping. This includes perimeter landscaping as well as the 5600 West Streetscape. There will also be some interior landscaping along the parking areas and some internal pedestrian connections provided as well. Signage for this use is proposed on the walls of the building, the gas canopy as well as a monument sign that will comply with the City Code. Staff Alternatives Approval subject to any issues raised at the public hearing as well as the following conditions: 1. The building must be completed per the approved plans and be designed in accordance with the Commercial Design Standards. 2. The gas canopy supports must include a cultured stone wainscot to match the primary building. 3. The dumpster shall be completely screened and secured with a 6’ masonry enclosure that matches the building and located per 7-2-118. 4. The site shall be landscaped per the approved plans including the 5600 West frontage per the 7-10 requirements. 5. Required pedestrian connections shall be provided. 6. There must be adequate parking for the proposed use. 7. All signage must comply with the West Valley City Sign Ordinance. 8. Must meet requirements of all affected departments and agencies. 9. 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 Applicant, Todd Myers, 185 S. State St., Salt Lake City, was present. He spoke about the small parcel near the intersection that will have the storm drain on it. West Valley City Planning Commission Public Hearing Minutes September 11, 2024 Page 7 of 11 Scott Charlier, lives at 5882 S. 900 E, Suite 100, representing Ellen Hansen who lives one street over at 2372 South 5700 West, said it was his understanding this lot was in an overlay zone and gas stations are not allowed. If gas stations are allowed, when what that zoning change made? Jody responded that, there was a Special Improvement District in place to put in improvements such as roadway facilities, storm drains and sewer, but that has expired. The light industrial zone has been in place since 2016, and this application is meeting the current zoning. Scott asked what this application’s conditional use is conditioned on? Jody answered that there are set forth conditions of approval in the staff report that were part of the agenda online. Jody then read off the nine conditions. Scott asked of there are still prohibited uses in the LI and Overlay zones? Jody didn’t think it was appropriate to go through the whole zoning ordinance as it’s several pages long, but she would be happy to meet with him after the meeting if he has questions. Scott asked if the site plans go in before the application or if they are submitted at the same time as the application. Jody responded that they are submitted at the same time. Motion: Commissioner Woodruff motioned to approve C-15-2024. Commissioner Porter seconded. Vote: Commissioner Winters Yes Commissioner Drozdek Yes Commissioner Wood Yes Commissioner Woodruff Yes Commissioner Layton Yes Commissioner Porter Yes Chair Lovato Yes UNANIMOUS----C-15-2024---APPROVED CA-5-2024 ARK Plaza Auto Service Amendment 1927 West 3600 South C-2 Zone (1.03 Acres) The applicant, Rasoul Gassmepour representing ARK Plaza, is requesting a conditional use amendment to add auto service uses to the existing multi-tenant commercial/warehouse building located at 1927 West 3600 South. This property is zoned C-2, General Commercial, and the West Valley City General Plan designates this area as General Commercial. Surrounding zones include A (agricultural) and C-2 to the north, A (agricultural) to the west, C-2 to the east, and RM to the south. Surrounding uses include residential and medical office (Planned Parenthood) to the north, multi- family residential to the west and south (Homestead Farms) and office/warehouse to the east (Interwest Brokerage). This site is Lot 8 of the Plaza 3600 Business Park which was approved by the Planning Commission in 1998 (C-26-98). Access to the site is gained off of 3600 South, which is a private road. The original approval specified that each development must be reviewed as a separate conditional use before the Planning Commission since the tenants were not known at the time of the overall approval. West Valley City Planning Commission Public Hearing Minutes September 11, 2024 Page 8 of 11 This site development was approved by the Planning Commission on March 23, 2022 under C-5- 2022. The building that was constructed contains 11 units. Now that the construction of the project is complete Mr. Gassmepour is ready for tenants to occupy the building and is requesting to expand the type uses allowed to include Auto Service. That modification requires an amendment to the original approval. The primary concern at this time is parking. When the building was constructed, the plans outlined that 49% would be warehouse and 51% would be retail. That configuration required 30 parking spaces and 31 were provided. The current proposed tenant mix now contains two neighborhood grocery uses, a three-chair hair salon, two Zumba fitness centers, car sales as well as three auto service uses. Based off those parking requirements the site cannot accommodate all of those tenants. There are also some of the tenants that are not adhering to the guidelines that Mr. Gassmepour has indicated. The auto service uses show as one service bay (3 stalls/1 bay = 3) however during a site inspection they have 3-5 cars being serviced (3 stalls/3-5 bays = 9-15 stalls). Also, the auto sales business has been putting up to 7 vehicles in the required parking stalls for display. This is not only creating parking problems within the site but also along the adjacent street. Staff is working with Mr. Gassmepour, as well as with Building and Fire, to make sure all the parking requirements are being met and that the building square footage and occupancy are verified. Regardless of the request to expand the uses to include auto service all of these requirements must be complete and in compliance prior to the issuance of any business licenses for any use. At this time no business licenses have been issued. Staff Alternatives Approval, subject to the following conditions: 1) All of the prior conditions from C-5-2022 are applicable including but not limited to the building design, landscaping and parking. 2) Auto service uses are approved for this location with the following restrictions: a) Auto service hours of operation limited to 9:00 a.m. – 7:00 p.m. b) Overhead doors must remain closed during auto service hours c) No outside storage Continuance, to allow time for the applicant to address the current parking requirements as well as any other reasons determined during the public hearing. Discussion: Jody Knapp presented. Commissioner Porter asked how the addition of the auto service is affecting the parking, would approval compound the issue? Jody responded that this is more of an enforcement issue; but if they meet all the ordinance requirements, have business licenses, and don't have outside storage, the strip mall should just operate like any other. West Valley City Planning Commission Public Hearing Minutes September 11, 2024 Page 9 of 11 Kim Lambourne, the architect, resides at 6569 W, Berg Way, Highland, Utah, was present. He went over the changes he has made to meet the parking requirements, like remove the auto sales business. Jody responded that the information that he emailed her earlier that day still doesn’t meet City Code. Kim responded that they would work with Jody to meet requirements. Kamran Nashath, lives at Homested Farms Lane, behind Ark Plaza. He is one of the board members and representing his community. The residents are concerned about the number of cars, presumably cars being worked on, being parked on 1950 West. Since the opening of this strip mall, there are constantly many cars parked on 1950 West. These cars are different every day so it’s difficult to report the violations. He complains of box trucks being parked near their entrance and not being able to pull out and turn safely. Rasoul Gassmepour, the Applicant, was present. He assured the Commissioners that the box trucks are not owned by any of his tenants, and that he will get the parking in compliance. He has already put in landscaping and wants to be a good neighbor. Monica, 3854 S. Island Barrel Dr., Magna. She is the owner of 4K Auto and she said she moved all of the for-sale autos from the parking lot. That business has been moved elsewhere. Hugo De La Rosa, a translator for the owner (Juan Guerrero) of JD Car Auto Service, relayed that the owners didn’t understand the business license process and admitted they made mistakes. Hugo, as their small business advisor, has been helping them follow the requirements. Jody added more information to make sure the tenants understood the parking requirements in the bays, in the parking lot, and on the private street. Commissioner Porter asked if had the auto services been included in the first application would the parking been approved at that time? Jody said that they would have looked at parking it differently and added conditional uses with operating hours. Commissioner Wood observed that maybe the Planning Commission is not ready to vote on this application because there are still open questions on the parking. Commissioner Winters feels that he doesn’t need to be the one to verify the parking and can they rely on Jody to work with the Applicant on compliance. Commissioner Woodruff commented that the Applicant should have put in 41 parking stalls when they applied the first time. Why is the Commission dealing with this amendment now? Commissioner Winters commented further that there's nothing wrong with the uses in that location, and he’s happy to let them work out the details as long as they end up with the proper number of stalls. Commissioner Drozdek thinks that since it is with the Planning Commission, there must be a reason it needs to be voted on. Parking is currently a problem and it's only going to increase. As businesses flourish, she’s concerned about the other businesses not having enough parking for their customers. West Valley City Planning Commission Public Hearing Minutes September 11, 2024 Page 10 of 11 She doesn’t know how it's possible create more parking and if it's with us at this time, she is a little hesitant to approve the application. Motion: Commissioner Wood motioned to continue CA-5-2024 to the September 25th Public Hearing to assure the parking requirements are met. Commissioner Drozdek seconded. Vote: Commissioner Winters Yes Commissioner Drozdek Yes Commissioner Wood Yes Commissioner Woodruff No Commissioner Layton Yes Commissioner Porter Yes Chair Lovato Yes UNANIMOUS----C-15-2024---CONTINUED. PLANNING COMMISSION BUSINESS Motion: Commissioner Wood motioned to approve Minutes from August 21, 2024. Commissioner Porter seconded. Vote: Commissioner Winters Yes Commissioner Drozdek Yes Commissioner Wood Yes Commissioner Woodruff Yes Commissioner Layton Yes Commissioner Porter Yes Chair Lovato Yes UNANIMOUS----C-15-2024---APPROVED There being no further business Commissioner Porter motioned to adjourn the meeting. Commissioner Winters seconded. The meeting was adjourned at 5:21 pm. Respectfully submitted, Julie Davis Julie Davis, Admin Assistant 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 Julie Davis, 801- 963-3306. West Valley City Planning Commission Public Hearing Minutes September 11, 2024 Page 11 of 11