Planning Commission Study Meeting

WEST VALLEY CITY PLANNING COMMISSION Study Session October 3, 2012 The meeting was called to order at 3:33 p.m. by Chairman Phil Conder at 3600 Constitution Boulevard, West Valley City, Utah. WEST VALLEY CITY PLANNING COMMISSION MEMBERS: Jack Matheson, Terri Mills, Phil Conder, Barbara Thomas, and Imaan Bilic ABSENT: Harold Woodruff, Brent Fuller, and Joe Garcia WEST VALLEY CITY PLANNING DIVISION STAFF: Steve Pastorik, Steve Lehman, Jody Knapp, Ron Weibel, and Nichole Camac WEST VALLEY CITY ADMINISTRATION: Brandon Hill, Assistant City Attorney Planning Commission Study Session October 3, 2012 Page 2 ZONE TEXT CHANGE APPLICATIONS ZT-6-2012 PETITION BY WEST VALLEY CITY REQUESTING A ZONE TEXT CHANGE TO ADD REGULATIONS FOR RETAIL TOBACCO SPECIALTY BUSINESSES. (STAFF- STEVE PASTORIK AT 801-963-3545) Discussion: Steve Pastorik stated that House Bill 95 was adopted by the State and indicated that this requires retail tobacco specialty businesses to get a license and meet specific separation requirements in every City. He explained that these separation requirements include a 1,000 foot distance from community uses (schools, churches, etc.), a 600 foot distance from other retail tobacco businesses, and a 600 foot separation from agricultural and residential zones and uses. Barbara Thomas asked what would happen if a daycare (or similar use) moved into a building after a tobacco store was approved. Steve replied that the tobacco shop would become legal non-conforming. Barbara asked if other businesses have a separation requirement from a similar use, such as two furniture stores. Steve replied that this isn’t typical for other businesses but indicated that sexually oriented businesses do have specific requirements as well. Phil Conder asked if this will zone tobacco stores out of the City. Steve replied no and indicated that there are still several areas within the City that would allow for new tobacco shops. He added that this is a change the State made so it is required that City’s adopt this modification. Phil asked if this requirement is applicable now even though it is currently not adopted by the City. Brandon Hill replied yes. SUBDIVISION APPLICATIONS S-1-2008 PETITION BY KYLE CHRISTENSEN REQUESTING PRELIMINARY AND FINAL PLAT APPROVAL FOR THE RUSHTON HEIGHTS SUBDIVISION. THE SUBDIVISION CONSISTS OF 6 LOTS ON 2.2 ACRES. THE SUBDIVISION IS LOCATED AT 3880 SOUTH 5260 WEST AND IS ZONED 'R-1-8' (SINGLE FAMILY RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET). (STAFF- STEVE LEHMAN AT 801-963-3311) Discussion: Steve Lehman explained that the property owner utilized a dirt road access that led to 5200 West. A resident from the neighboring subdivision made this access impossible to use so the property owner had to use an alternative route through the neighboring subdivision. Steve stated that a flag lot was removed from the original design which creates larger lots that are a little nicer and have a greater marketability. Steve stated that the alternative route the property owner used as access, 5260 West, will be extended to the southern boundary of this proposed subdivision and the dirt road access to 5200 West will be eliminated. The right of way is now required to be 54 feet and 5260 West currently has a 50 foot one that was legal at the time… the Engineering Department will work out how this will be managed. Steve indicated that the property to the south of this proposed subdivision is owned by the Brock family who are concerned about water being filtered onto their property. He stated that staff is unsure how this will be managed but something will be worked out. Jack Matheson asked about a Fire Department turnaround. Steve Planning Commission Study Session October 3, 2012 Page 3 explained that there is an actual fire access easement indicated on the proposed plat. Mr. Christensen, the applicant, stated that the bigger lots will eventually be more valuable than the existing homes. Mr Christensen stated that he has offered to purchase land from the Brock family and indicated that if this happens water will be drained at the existing ditch on the Brock property to 5200 west. Staff and the Planning Commission discussed different ideas regarding the park-strips, etc. Barbara Thomas stated that this could be a very pedestrian friendly neighborhood. S-15-2012 PETITION BY CORY ANGELL REQUESTING PRELIMINARY AND FINAL PLAT APPROVAL FOR THE MOULTON FARMS SUBDIVISION. THIS SUBDIVISION CONSISTS OF 3 LOTS AND 2 PARCELS ON 2.20 ACRES. THE SUBDIVISION IS LOCATED AT 4460 S 3600 W AND IS ZONED 'R-1-8' (SINGLE FAMILY RESIDENTIAL, MINIMUM LOT SIZE 8,000 SQUARE FEET) AND 'A' (AGRICULTURE). (STAFF- STEVE LEHMAN AT 801-963- 3311) Discussion: Steve Lehman stated that the Moulton Farms subdivision is named after the original owners. He indicated that the property has been divided into two parcels to the rear and three lots in front. Steve stated that the zoning has been changed and the Board of Adjustment has granted a variance for a reduced frontage on the southern property. Steve stated that the rear parcels may remain agriculture or may eventually become single family but nothing has been decided yet. He indicated that lot 1 will be redone as a single family residential home and the existing duplex will be removed. Steve added that the applicant is doing a lot of upgrades and modifications to the existing units. Phil Conder asked why lot 2 is deeper than the others. Steve replied that the applicant wanted to maintain the 8,000 square foot minimum. Phil commented that keeping the rear parcels agricultural likely won’t work in the long term. Steve Pastorik stated that this may be true and indicated that it is difficult to gain access to the southern rear parcel. Steve indicated that access can be gained but it is awkward. He added that these problems will be dealt with at a later time. CONDITIONAL USE APPLICATIONS C-36-2012 PETITION BY MAI NGUYEN REQUESTING A CONDITIONAL USE AMENDMENT TO EXTEND THE DEADLINE FOR SURFACING AND LANDSCAPING AT COUNTRY SQUARE. THE PROPERTY IS LOCATED AT 1980 W 3500 S ON 1.92 ACRES AND IS ZONED 'C-2' (GENERAL COMMERCIAL). (STAFF- JODY KNAPP AT 801-963-3497) Discussion: Jody Knapp explained that an overall approval was granted over 2 years ago for the applicant to make significant improvements to this existing site. The applicant has submitted this application because she will not meet the deadline that requires her to complete landscaping and parking lot improvements by the end of this year. Jody indicated that condition number 4 on the original conditional use would be modified to extend the date of completion and indicated that the applicant is requesting another year. Condition number 7, which required the dumpster to be Planning Commission Study Session October 3, 2012 Page 4 enclosed, would also be extended. Jody indicated that the applicant has been talking with George Lopez, owner of Don Antonio’s restaurant, to purchase the neighboring property and expand the Country Square center. Jody displayed the proposed plans and provided pictures of the current site. Jody stated that the applicant has had 2 years to complete this but hasn’t submitted any plans even though staff has reminded her frequently of the deadline. Barbara Thomas asked if the funding received from the City’s RDA should be going toward the parking lot and landscaping remodels. Mark Nord replied yes. He stated that she is not meeting the conditional use requirements or the RDA funding ones either. Phil Conder asked what would happen if she doesn’t comply. Mark replied that the City can collect the money back from the applicant if she fails to comply with the agreement. He added that the applicant received a substantial amount of money and she is required to produce receipts for everything this money has been used to improve. Barbara asked when the applicant received the money. Jody replied that it has been at least a year and a half. Jack asked if plans have been submitted. Jody replied no and indicated that the applicant will not be able to meet this deadline with winter approaching. She indicated that if this request is denied the applicant will be fined each day until it is completed. C-37-2012 PETITION BY SUBURBAN PROPANE REQUESTING A CONDITIONAL USE AMENDMENT TO PLACE A VERTICAL PROPANE TANK, APPROXIMATELY 20 FEET TALL, AT A GAS STATION/CONVENIENCE STORE. THE PROPERTY IS LOCATED AT 7198 W 3500 S ON .76 ACRES AND IS ZONED 'C-2' (GENERAL COMMERCIAL). (STAFF- RON WEIBEL AT 801-963-3361) Discussion: Ron Weibel stated that the applicant is requesting approval for a 14 foot commercial dispensing propane tank to be placed at the Chevron gas station on 3500 S 7200 W. He explained that the tank would be placed in the southwest corner of the property. Ron stated that the State Fire Marshall as well as the City Fire Marshall must approve the location of the tank for safety. He indicated that there are requirements for the tank to be a certain distance from structures, drains, etc. A resident to the north has contacted the City and started a petition against this use. She is concerned with safety and appearances. Ron indicated that staff feels this use is appropriate for the site and isn’t any more dangerous than the gas station itself. Phil Conder asked if the tank can be turned into a sign. Ron stated that staff is working on a formula to minimize any type of signage and added that the tanks cannot be used to advertise for anything else. Brandon stated that the applicant has not applied for a sign. Terri Mills asked if there are other locations on site where this tank could be placed and questioned if there are smaller ones that could be used. Ron stated that this is pretty much the only place that meets required setbacks and added that the applicant told staff this was a smaller one. Barbara Thomas stated that she feels parking should be provided for this use. C-38-2012 PETITION BY SUBURBAN PROPANE REQUESTING A CONDITIONAL USE AMENDMENT TO PLACE A VERTICAL PROPANE TANK, APPROXIMATELY 20 FEET TALL, AT A TIRE STORE. THE PROPERTY IS LOCATED AT 4607 S 5600 W ON .98 ACRES AND IS ZONED 'C-2' (GENERAL COMMERCIAL). (STAFF- RON WEIBEL AT 801-963-3361) Planning Commission Study Session October 3, 2012 Page 5 Discussion: Ron Weibel explained where the propane tank on this site will be located. He indicated that the applicant originally proposed it to be in the middle of the parking lot but staff has requested that it be moved to the southwest corner. Ron stated that the tank will be 20 feet tall and will only be filled to 80% capacity for safety reasons. Terri Mills expressed concern that these tanks can go on any site, even if the use is not connected. She stated that she can understand a propane tank being at a gas station but does not feel it makes sense at a tire company. Phil Conder asked if the tank will impact parking at the tire store. Ron replied that this site has enough parking to accommodate the use. Staff and the Planning Commission briefly discussed signage on the tank. DISCUSSION ITEMS DISCUSSION DISCUSSION REGARDING DROUGHT TOLERANT PLANTS. Discussion: Terri Mills explained the benefit of Cities encouraging drought tolerant plants. She stated that helping residents become aware of drought tolerant plans will improve the view of the City in the dry summers and will also help conserve water. Phil asked if a list is given to residents or developers that points out drought tolerant plants. Steve replied no but indicated that irrigation efficiency information is provided. Phil suggested having information available to hand out to people that come to the counter. Steve stated that staff could promote this through the City newsletter, online, and also by giving developers the information as they come in. Terri agreed and suggested that education can also be provided at the City’s annual West Fest. There being no further business, the meeting was adjourned at 5:03 p.m. Respectfully submitted _________________________________ Nichole Camac, Administrative Assistant