Planning Commission Study Meeting

WEST VALLEY CITY PLANNING COMMISSION Study Session October 2, 2013 The meeting was called to order at 3:37 p.m. by Chairman Phil Conder at 3600 Constitution Boulevard, West Valley City, Utah. WEST VALLEY CITY PLANNING COMMISSION MEMBERS: Harold Woodruff, Brent Fuller, Jack Matheson, Terri Mills, Phil Conder, and Barbara Thomas ABSENT: Joe Garcia WEST VALLEY CITY PLANNING DIVISION STAFF: Steve Pastorik, Jody Knapp, and Nichole Camac WEST VALLEY CITY ADMINISTRATION: Brandon Hill, Assistant City Attorney Planning Commission Study Session October 2, 2013 Page 2 GENERAL PLAN/ZONE CHANGE APPLICATION GPZ-5-2013 PETITION BY MILT SHIPP REQUESTING A GENERAL PLAN CHANGE FROM COMMERCIAL/LIGHT MANUFACTURING TO VERY HIGH DENSITY RESIDENTIAL AND A ZONE CHANGE FROM 'M' (MANUFACTURING) AND 'A' (AGRICULTURE) TO 'RM' (RESIDENTIAL MULTI-FAMILY). THE PROPERTY IS LOCATED AT 2882 S DECKER LAKE DRIVE ON 16 ACRES. (STAFF- STEVE PASTORIK AT 801-963-3545) Discussion: Steve Pastorik displayed the proposed site plan. He indicated that there are a total of 12 three story buildings with 368 proposed units. The units range in size from 700-1200 square feet and there are 23 units per acre. Steve stated that amenities include a clubhouse, pool, and garages for some units. He displayed the elevations for the building and indicated there are four different building types with various sizes and color schemes. Harold Woodruff asked if the open area displayed on the site plan is wetlands. Milt Shipp, the applicant, stated that the wetlands are man-made and will likely be reclaimed in the future. Barbara Thomas asked if there are any proposed pedestrian connections between this apartment complex and the E-Gate Apartments. Mr. Shipp replied that access cannot be granted through the wetlands at this time. Steve added that there is no sidewalk along existing roads but discussions could be had with the owners of the E-Gate Apartments to see if this could be a possibility. Jack Matheson asked if there are outside stairways for access. Steve replied yes. Steve discussed materials that will be used on the building and indicated that there are tuck under garages for some units. He indicated that other units will have carport spaces. Jack asked if there is additional parking in front of the garages. Steve replied no. Steve displayed floor plans for the different units. He stated that the applicant is proposing a development agreement that will discuss amenities, materials, and design. He indicated that this is a similar development agreement to those done for the Highbury apartments as well as Sage Gate Apartments at Haynes Landing. Barbara asked if more apartments are needed in the city. Steve replied that the applicant has conducted a market study that states there is a demand. He indicated that the question is whether or not apartments are a good use at this location. Barbara asked where the nearest Trax station is located and Steve displayed the location on the aerial. Steve stated that there are several uses nearby that include a detention facility owned by the State, E-gate Apartments, Homeland Security, Petzel office and warehouse that is under construction, and various other offices to the north. Harold asked what the density of the E-gate Apartments is. Steve replied that it is about 18 units to the acre which is slightly less dense due to the wetland area. Barbara asked if the E Gate Apartments have been successfully rented. Steve replied that they have been as far as he knows but will try to find out more before the hearing. Brent asked if Research Way was ever discussed to go through to provide access to the E-Gate Apartments. Steve replied that the street Planning Commission Study Session October 2, 2013 Page 3 does go through partially but is gated due to the State facility. He stated that the new proposed apartments will have two access points onto this road though. Steve stated that staff is concerned with whether the correct land use for this property is apartments. He indicated that there has been a master plan since the 1990’s that indicated this area to be a large office development. He stated that there has been a lot of movement within the last few years that include Homeland Security and Petzel. Steve indicated that many other office tenants have moved in and according to the City’s RDA staff the business park in the area is completely full. He stated that staff feels additional office uses may be a better use than a multi-family residential development. Jack asked how many parking stalls are provided in the proposed development. Steve replied 629 which equal about 1.7 stalls per unit which is similar to the E- Gate Apartments. Brent stated that Granite School District should be contacted because adding this many units could cause problems for neighborhood schools. Jack asked what the vacancy rate for the E-Gate Apartments is. Steve replied that he could try to find out this information and added that the overall vacancy rate in the City is 4-5% which is low. Terri stated that she doesn’t feel a 700 square foot unit is large enough and indicated that people need more space. Jack agreed and added that he feels 42% of units being one bedroom is too much. Steve indicated that the City Council shared this concern with the Sage Gate apartments at Haynes Landing. He indicated that the developer ended up providing a greater range of product type and their square footage ranged from 800 to 1500. Jack asked if the buildings meet the City’s design criteria. Steve replied that they most likely do but indicated this would be further reviewed at the conditional use phase. Barbara asked if it makes sense to address the development agreement at a later time. Steve replied that the City has more teeth at a zone change stage and indicated that more requirements can be added at the conditional use level. He stated that the bigger question now is whether or not this is a good use for the land. ZONE TEXT CHANGE APPLICATION ZT-6-2013 PETITION BY WEST VALLEY CITY REQUESTING AN ORDINANCE TEXT AMENDMENT TO SECTIONS 7-1-103 AND 7-16-101 OF THE WEST VALLEY CITY MUNICIPAL CODE REGARDING RESIDENTIAL FACILITIES FOR ELDERLY PERSONS. (STAFF- STEVE PASTORIK AT 801-963-3545) Discussion: Steve Pastorik indicated that the City’s definition in the ordinance for residential facilities for elderly persons basically states “see State code”. He indicated that due to recent changes the State no longer addresses this in their code so the City would like to adopt the language that was previously used and add it the City’s ordinance. Brandon Hill indicated that this is basically a clean-up item and stated that the State had problems and no longer want to be involved in this type of use. Planning Commission Study Session October 2, 2013 Page 4 CONDITIONAL USE APPLICATIONS C-43-2013 PETITION BY MIKE KATSANEVAKIS REQUESTING A CONDITIONAL USE AMENDMENT FOR THE EXPANSION OF HOURS OF OPERATION AT ATLANTIS BURGER. THE PROPERTY IS LOCATED AT 7134 W 3500 S ON .74 ACRES AND IS ZONED 'C-2' (GENERAL COMMERCIAL). (STAFF- JODY KNAPP AT 801-963-3497) Discussion: Jody Knapp stated that Atlantis Burger was originally approved in 1995 and has always been a contentious use for the neighbors. She stated that staff has had several conversations with the property owner regarding landscaping which currently does not meet original conditional use requirements. The applicant has stated that he doesn’t feel he should have to add the required trees along 3500 S since he is not the original owner but this is an enforcement issue that staff will continue to work with the applicant on. Jody stated that the current conditional use on the property allows the applicant to have a speaker for ordering, to be open until 11pm, and to have lights on the property shut off at 10:30pm. The applicant is frustrated with these requirements and is now requesting that the limit on the hours of operation be lifted and the ability to be open for 24 hours be allowed. The applicant has stated that these restrictions make the selling of the property difficult. Jody stated that Lila Gull, a neighbor to the north, has expressed concerns throughout the years with this business. She has stated that lights are not turned off at the required time and the sounds of car radios have always been a concern. Jody indicated that there is an 8 foot wall separating the properties on the Atlantis Burger side and a 12 foot wall separating the use on the neighbor’s side. Jody stated that there have been a lot of problems between the owners of Atlantis Burger and Ms. Gull over the years. Jody stated that as part of this conditional use she would require that a lighting plan be submitted. She added that the applicant is amenable to putting up signs asking patrons to be courteous to neighbors and lowering the sound on their radios. Jody indicated that the applicant has had problems with graffiti and they feel later hours will create more presence on the property which could help deter this activity. She stated that the applicant has indicated that they will likely stay open till 1am or 2am on the weekends. Barbara Thomas stated that there is not a lot of commercial use in the area and most businesses close early. C-44-2013 PETITION BY TAUNA ELLIS REQUESTING A CONDITIONAL USE AMENDMENT FOR A LIQUOR LICENSE AT LOKALS RESTAURANT. THE PROPERTY IS LOCATED AT 2843 S 5600 W ON 1.13 ACRES AND IS ZONED 'C-2' (GENERAL COMMERCIAL). (STAFF- JODY KNAPP AT 801-963-3497) Discussion: Jody Knapp stated that the existing business is called Wing Nutz but will be rebranded to Lokals. She stated that it is basically the same food but the applicant would like to add liquor to the menu. She indicated that doing this would make it a full service restaurant since they will serve mixed drinks, wine, Planning Commission Study Session October 2, 2013 Page 5 and high point beer. Terri Mills asked if there is a drive through restriction on ordering liquor. Jody replied that this is not allowed and added that there is no drive-through for this business. Jack Matheson stated that Lokals likely needs a liquor license to do well. There being no further business, the meeting was adjourned at 4:26 p.m. Respectfully submitted _________________________________ Nichole Camac, Administrative Assistant