Planning Commission Study Meeting

WEST VALLEY CITY PLANNING COMMISSION Study Session June 1, 2016 The meeting was called to order at 3:33 p.m. by Chair Meaders at 3600 Constitution Boulevard, West Valley City, Utah. WEST VALLEY CITY PLANNING COMMISSION MEMBERS: Brent Fuller, David McEwen, Jack Matheson, Clover Meaders, Martell Winters, and Harold Woodruff ABSENT: Mathew Lovato and Latai Tupou WEST VALLEY CITY PLANNING DIVISION STAFF: Jody Knapp, Steve Pastorik, and Brenda Turnblom WEST VALLEY CITY ADMINISTRATION: Wayne Pyle WEST VALLEY CITY LEGAL DEPARTMENT: Brandon Hill WEST VALLEY CITY COMMUNITY AND ECONOMIC DEVELOPMENT: Nicole Cottle and Freyja Johnson Planning Commission Study Session June 1, 2016 Page 2 ZONE TEXT CHANGE APPLICATIONS ZT-7-2016 PETITION BY WEST VALLEY CITY REQUESTING A ZONE TEXT CHANGE TO ADD SECTIONS 7-6-1701 THROUGH 7-6-1709 AND TO AMEND VARIOUS SECTIONS OF THE ZONING AND SIGN CODE TO CREATE THE LIGHT INDUSTRIAL ZONE. (STAFF – STEVE PASTORIK AT 801-963-3545) Discussion: Steve Pastorik explained the Light Industrial (LI) zone was patterned after the Manufacturing (M) zone, however, there are significant differences between the two. In the interest of time, Steve Pastorik listed the main differences: Just about everything but residential is allowed in the M zone. LI allows office, limited retail, hospitality, and light industrial. There is really no minimum lot size or minimum building size in the M zone. In the LI zone we suggest a 3 acre minimum lot size and a minimum building size of 10,000 sq. ft. Landscaping in the M zone is 5% of the site, landscaping in the LI zone is 10%. Outside storage can be its own use in the M zone, using the entire site. LI limits outside storage to 20% of the site and must be used in conjunction with a conditional or permitted use. There are no design standards for buildings used in the M zone. The LI zone includes some building design standards Steve Pastorik clarified the main difference between light and heavy industrial is whether it is indoors or outdoors. Light industrial is usually inside a building, heavy industrial includes things such as gravel extraction, tow yards, and salvage yards which have substantial impacts on neighbors, such as smells. Jack Matheson asked if the City is trying to get rid of salvage yards. Steve Pastorik answered that it is the City’s intent to see these uses transition to light industrial. Back in 2001 the City established a redevelopment area over the salvage yards. The City Council also imposed a moratorium over about 72 acres for a period of six months. No land use applications were allowed during this time. The moratorium ended at the end of May of this year. Applications ZT-7- 2016 and Z-6-2016 are now being proposed in this area. Steve Pastorik showed an aerial photo dated 1977. The photo showed salvage yards existing before the City was incorporated. The closest development was a mile away. There has been significant light industrial development since then. Forty years ago the heavy industrial uses were in what was a remote area, but they are now in the middle of an urban area. Steve Pastorik feels this area is ripe for transition. A major reason we are looking at transitioning the area to LI is the Mountain View Corridor (MVC). UDOT has already acquired about ¼ to 1/3 of what used to be salvage yards. UDOT is extending the MVC from 5400 to 4100 South with projected completion next year. The next segment of MVC, from 4100 to Hwy 201, will be completed by 2020. Steve Pastorik reported 5600 West has over 40,000 cars a day, Hwy 201 has 60,000 cars a day, and now MVC will be added. This area will be one of the most visible areas of the City. Steve Pastorik said there is a case here to see this area transition as a gateway to the Planning Commission Study Session June 1, 2016 Page 3 City. If this ordinance is approved, the salvage yards will become nonconforming uses. They can continue to operate, but if the use discontinues for a year or more, they will lose that right. If a business moves out and the property stays vacant for over a year, any new business must comply with the new standards. Restrictions to modifications to the site would also apply. ZT-9-2016 PETITION BY WEST VALLEY CITY REQUESTING A ZONE TEXT CHANGE TO ADD CHAPTER 7-34 TO ALLOW FOR ACCESSORY DWELLING UNITS UNDER CERTAIN CONDITIONS. (STAFF – STEVE PASTORIK AT 801-963-3545) Discussion: Nicole Cottle discussed homelessness and affordable housing within the City. She said most of the Federal, private, and CDBG money that is used for homeless services is distributed by the County. Nicole Cottle said that emergency shelters are not an effective way to deal with homelessness. However, low and moderate income housing does work. Jack Matheson mentioned that the City also does have homeless housing. Nicole Cottle related that our City Council has studied this issue and has come to the conclusion that our City has done its part fighting homelessness, but there may be room for conversation in a good faith scenario both with the City Council and Planning Commission to make changes to our ordinances that make sense and help to make a positive difference. These proposed ordinances were specifically requested by the City Council. They include accessory dwelling units also known as mother-in-law apartments. The City Council feels there may be some forms where these accessory dwelling units may work. Jack Matheson commented that the City has tried to get rid of mother-in-law apartments because they are a proven detriment to the community, as are smoke shops and check cashing businesses. Areas like Lake Park have always been an area with a high crime rate. Aren’t these all detriments to the community? Nicole Cottle understands that the Planning Commission may see these accessory dwelling units (ADUs) as counter-intuitive. Brent Fuller asked how ADUs will answer our attempt at fighting homelessness. Steve Pastorik answered that a lack of affordable housing is a major contributor to homelessness. An ADU, because it is typically a smaller unit, would be lower rent. Brandon Hill added that an ADU allows family members to help relatives with mental illness or disability by being in close proximity to provide assistance so they can live semi- independently. Nicole Cottle maintains that when ADUs are done right, they may benefit certain areas of our City. We will dictate the maintenance and management of these facilities. Planning Commission Study Session June 1, 2016 Page 4 Nicole Cottle indicated that the City keeps detailed statistics. Steve Pastorik developed a Neighborhood Health Audit which keeps track of crime data, ordinance enforcement, property values, how many properties are for sale, how many properties are in foreclosure, the date of the last sale, everything the City needs to keep track of the health of the community. We can see by the numbers what is happening within the City. The data that is collected through the school system helps the City as well. Commissioner Winters asked if our ordinances address panhandlers. Nicole Cottle said panhandling is a first amendment issue. There is some conversation about proposed additions to our ordinances to address panhandling within the bounds of the law. City staff are gathering data about panhandlers. Wayne Pyle said that we want to make sure, whatever we do, we do it in conjunction with other measures and do it in the right order. Nicole Cottle mentioned that she recently visited Portland, Oregon and was dismayed by the homeless population there. Their zoning ordinances have been a detriment to their City. Wayne Pyle said Portland, Oregon has made themselves a haven for homelessness by creating disjointed homeless services. Nicole Cottle feels we must drive our own ship and be experts in the field. Wayne Pyle acknowledged that homelessness and housing insecurities are an issue for the City. We are trying to be more comprehensive about anything that we do that has any relationship to this issue and how we affect it negatively or positively. That is what these text changes are about. We want smart developments such as the Kelly Benson Apartments. The only way we protect what we have built here in this City is by making wise choices. We must understand the situation with our eyes wide open on this issue. Wayne Pyle said a good example of using City resources in an effective way to battle homelessness and crime is what used to be called Harvey Street. Harvey Street was a one block assemblage of 2, 4, 6, and 8-plexes. Jack Matheson said it was our highest crime area at the time. Brent Fuller said there were drugs, prostitution, and other illegal activities. Wayne Pyle said the City got together with the housing authority and used Home money over a 20 year bond to purchase the property. The Gerald L. Wright Villa and Willow Park Apartments were built using quality construction. There is one owner and the City has control over the management. Nicole Cottle said these units look as good today as they did 15 years ago when they were built. Wayne Pyle noted that we would have like to have done this in six other places in the City, but we only had enough financing to do in here. In five more years, we will have more bond money to do it again. This is smart development; when it is built right, maintained and managed right, it is much more advantageous to the neighborhood than what was there before. Steve Pastorik said this proposed ordinance change to allow accessory dwelling units (ADUs) was crafted to be applicable in only limited circumstances: 1. The Planning Commission Study Session June 1, 2016 Page 5 property has to be at least 16,000 square feet. The reason behind this is our most common zone in the City is R-1-8 (an 8,000 square foot lot) so property that is 16,000 square feet is big enough to have a second unit. Jack Matheson asked if this will be seen that people who have a larger piece of property and are more well-to-do can have ADUs and others cannot. Steve Pastorik said this is our best attempt to narrow the playing field but still make ADUs an option. 2. The maximum width of the property is 99 feet. 3. The property must be in a zone that allows single family homes. For homes built prior to 1980, this is a way to encourage reinvestment to the home. 4. The property must be under single family in the Master Plan Martell Winters asked how circumstances 1 and 2 work together. Steve Pastorik answered that the parcel must be fairly narrow, but deep; narrow enough not to become a flag lot. Steve Pastorik continued that a long parcel could be subdivided, but can’t have enough frontage to become a flag lot. Commissioner Meaders asked how many lots we expect to fall under these criteria. Steve Pastorik estimates there are less than 100. He mentioned that lot width is the most substantial eliminator on the map criteria. Steve Pastorik mentioned that, as of now, there is no cap on how big an ADU could be. Harold Woodruff feels there should be a maximum size. He pointed out that a one bedroom unit is usually 550 square feet. Steve Pastorik said there must be a building permit, business license, and the owner of the building must live on the site. If someone wants to rent out their home as a single unit but not live there, that is fine, but if they only want to rent out their basement, the owner must live upstairs. Steve Pastorik explained the intent of the design standards is so a person can drive by the property and not see evidence of a separate unit. No stairs or second door can be visible from the street. The ADU cannot be larger than the main unit, and minimum area must be at least 900 square feet. The ADU must meet all other applicable standards such as: no separate mail boxes, one additional parking space, only 1 ADU per lot, and the ADU can’t be held in separate ownership or sold separately from the house. In order to be eligible, there must be some upgrades to the exterior to the house. This is to encourage reinvestment into older homes. Steve Pastorik acknowledged an ADU can be above the garage, in the basement, or an addition on the side of the house, as long as it is done in a way that it is contained within the house and you can’t tell from the street. Harold Woodruff asked, if someone is building a brand new estate lot, could they build an ADU? Steve Pastorik answered, no, they cannot. This is a way to encourage investment into older homes. Commissioner Winters thinks the 16,000 square foot requirement is overly restrictive. Martell Winters asked what the City’s main concern is with this ordinance. Steve Planning Commission Study Session June 1, 2016 Page 6 Pastorik’s said his main concern is enforcement. We must verify upon application and probably annually thereafter that the homeowner lives on site. If we open the floodgates, it could get out of hand to see that all these provisions are being followed. Clover Meaders asked what remedies the City has. Steve Pastorik said the City could revoke their business license, or in a worst case scenario have them remove the ADU. Another remedy would be to have the owner sell the house to someone else who will live on the property. Brandon Hill said this is a reason to be cautious. It is a lot easier to deal with problems from the front end than on the back end. Steve Pastorik said the City will require a deed restriction that says the owner must live on the property. This way someone who purchases the property knows they cannot rent it out as a duplex. The City will maintain a list of everyone that has received approval for an ADU and can verify through the County Recorder where the tax notice goes. If the tax notice goes to an address other than the ADU property, we will see that the owner does not live there. ZT-10-2016 PETITION BY WEST VALLEY CITY REQUESTING A ZONE TEXT CHANGE TO ADD SECTIONS 7-6-1801 THROUGH 7-6-1811 TO CREATE THE SUPPORTIVE HOUSING ZONE. (STAFF – STEVE PASTORIK AT 801-963-3545) Discussion: Steve Pastorik presented the supportive housing zone, a new zone that will be added to the zoning ordinance. The City has compiled a list of existing supportive housing for reference. We are not proposing changing zoning on any property within the City to this zone, we are just creating this zone to make it an option. This zone is set up for smaller 2-3 story buildings with no more than 50 units. Steve Pastorik reported that Denver did a study and found that the least impactful model to the surrounding neighborhood is under 50 units. We patterned this zone after the RM zone, but these units will have on site management and support for tenants. Instead of trying to prescribe maintenance and management standards in detail, standards will be determined by a development agreement when zoning is approved. Steve Pastorik answered why have this zone when we have the RM zone that already allows apartments. He passed out a page showing the differences. There is a cap at 50 units. We want smaller buildings that fit in with the neighborhood, 20 units per acre. Harold Woodruff asked if the City will modify parking requirements for these facilities. Steve Pastorik answered, given the nature of this development, we can offer flexibility on a case by case basis. People who are chronically homeless or physically disabled will not utilize many transportation modalities and parking can likely be reduced. Facilities like these need to be located near public transit. Planning Commission Study Session June 1, 2016 Page 7 ZONE CHANGE APPLICATIONS Z-6-2016 PETITION BY WEST VALLEY CITY REQUESTING A ZONE CHANGE FROM M (MANUFACTURING) TO LI (LIGHT INDUSTRIAL). THE PROPERTY IS LOCATED BETWEEN 2100 SOUTH AND 2500 SOUTH ON THE WEST SIDE OF 5600 WEST ON APPROXIMATELY 72 ACRES. (STAFF – STEVE PASTORIK AT 801-963-3545) Discussion: Steve Pastorik showed a map of the General Plan with Light Industrial areas designated in a light gray color. The primary reason we are proposing to create a light industrial zone is so we can distinguish between light and heavy industrial. One of the main differentiators between light and heavy industrial is whether it is indoors or outdoors. Light industrial is usually done inside a building. Heavy industrial are things such as gravel extraction, tow yards, salvage yards, or things that have a substantial impact on neighbors, such as odors. For the benefit of the new Planning Commission members, Brent Fuller asked Steve Pastorik to explain the difference between the General Plan and zoning. Steve Pastorik indicated the General Plan is the desired future use designated by the City. It is a guide, not ordinance or law. Zoning actually dictates what people can or cannot build on their properties. Vacant areas or heavy industrial that we want to transition to a manufacturing zone and are zoned light industrial, we can’t say no to. If we keep the same zoning, it perpetuates or makes it difficult to transition to light industrial. The City Council at the end of last year imposed a moratorium over about 72 acres that was in affect for 6 months. The moratorium did not allow any land use applications during that time. The moratorium ended at the end of May. ZT-7-2016 is to create the light industrial zone, Z-6-216 is to rezone the area in the moratorium to the new light industrial new zone. Brent Fuller asked if it would make sense to rezone all of the light industrial on the General Plan. Steve Pastorik answered that is a possibility, but the City is taking small steps at a time. Because we have this moratorium, the City Council was specifically concerned about this area and hoping to see some transition here. Whenever there is talk about rezoning a property, there is a lot of explanation required. We didn’t want to bite off more than we can chew with this action. Brent Fuller asked if the property owners in this area will feel like they are being zeroed in on. Steve Pastorik answered that these property owners were already targeted when the City Council did this moratorium. Multiple actions have been taken over this area by the City over the years, but for good reason. Steve Pastorik spelled out the main differences between the M zone and the LI zone: The M zone is very flexible, allowing just about everything but residential. The light industrial zone allows office, very limited retail, hospitality, and light industrial. The M zone really has no minimum lot size or building size. In the light industrial zone we have suggested a three acre minimum and a minimum 10,000 sq. ft. building size such as a large distribution warehouse-type facility. Landscaping in the M zone is 5%, LI is 10%. Outside storage in the M zone can Planning Commission Study Session June 1, 2016 Page 8 be the only use on the entire site, LI outside storage is limited to 20% of the site and must be used in conjunction with a permitted or conditional use. There are no design standards in the M zone. In the LI there are limited design requirements for the buildings. Ground for salvage yards is used for storage and does not have a lot of value in buildings. Areas that are ripe for redevelopment have high land value and low building value. Commissioner McEwen asked if the salvage yards are currently meeting the standards of the M zone. Steve Pastorik answered, as long as salvage yards are operating as they were when they were approved in the 70’s or 80’s, they can continue to operate even if they are nonconforming. If they have a business license and are operating legally, they are a conforming use. If the use discontinues for a year or more, at that point they lose that right. Any new business that moves in will have to comply with the new standards. The new zoning imposes restrictions on being able to modify the site. Steve Pastorik admitted there is a bit of distrust on the part of property owners in this area. The City has established a moratorium, Mountain View Corridor, an RDA, a Special Improvement District, and an Overlay Zone in this area. There have been multiple efforts within the City to clean this area up. There is no secret that the City wants to see this area transition. Brandon Hill said some business owners have been operating salvage yards for over 50 years and want to continue. Steve Pastorik said as long as a business is operating per their business license, we cannot force them out. Z-8-2016 PETITION BY WEST VALLEY JOINT VENTURE REQUESTING A ZONE CHANGE FROM A-1 (AGRICULTURE, MINIMUM LOT SIZE 1 ACRE) TO A (AGRICULTURE, MINIMUM LOT SIZE ½ ACRE). THE PROPERTY IS LOCATED AT 6087 WEST PARKWAY BLVD. ON 6.25 ACRES. (STAFF – STEVE LEHMAN AT 801-963-3311) Discussion: Steve Pastorik said this property is privately owned by Tony Jacketta. The intent of the property owner is to subdivide this property into eleven half-acre lots. The existing outbuildings will be removed. An existing right-of-way will be used with a sub street to the property to the east. This zone change complies with the Master Plan and the owner is aware of the new housing standards. There being no further business, the meeting was adjourned at 5:49 p.m. Respectfully submitted, _______________________________________ Brenda Turnblom, Administrative Assistant