Planning Commission Study Meeting

WEST VALLEY CITY PLANNING COMMISSION Study Session June 21, 2017 The meeting was called to order at 3:36 p.m. by Chair Meaders at 3600 Constitution Boulevard, West Valley City, Utah. WEST VALLEY CITY PLANNING COMMISSION MEMBERS David McEwen, Brent Fuller, Mathew Lovato, Darrick Porter, and Clover Meaders ABSENT: Martell Winters, Cindy Wood, and Harold Woodruff WEST VALLEY CITY PLANNING DIVISION STAFF Jody Knapp, Steve Lehman, and Brenda Turnblom WEST VALLEY CITY ADMINISTRATION Brandon Hill Planning Commission Study Session June 21, 2017 Page 2 ZONE CHANGE APPLICATION Z-4-2017 PETITION BY ROGER CHASE REQUESTING A ZONE CHANGE FROM R-1-8 (RESIDENTIAL SINGLE FAMILY) TO A (AGRICULTURE). THE PROPERTY IS LOCATED AT 3396 WEST 3100 SOUTH ON 2.3 ACRES. (STAFF - JODY KNAPP AT 801-963-3497) Discussion: Jody Knapp said there was a noticing error, so this application is being addressed a second time. Since this application was approved by the Planning Commission on May 10, 2017, some neighbors have come forth with some complaints about the concentration of animals and the odor on the property. Jody Knapp gave a brief history of the property. The property owner purchased this land about a year and a half ago. About a year ago, a seven lot subdivision was approved for this property. Since then, the owner decided against the subdivision so that he could live on the property with his animals. The owner planned community events such as hay rides, a petting zoo, pumpkin patch, Christmas tree lot, and horse boarding. The owner also created a website that contained a link to Airbnb.com which has now been removed. The owner has since chosen not to apply for a conditional use permit for the community events. Jody Knapp said the property has been zoned R-1-8 since the City was incorporated in 1980. The home on the property was built in 1967. The outbuildings were built between 1975 and 1980. Surrounding properties are duplexes, single family residential, and agricultural. If the zone change to Agriculture is denied, the owner could apply for a nonconforming determination because there have always been animals on the property. Jody Knapp noted that if this property is rezoned to A, it cannot be rezoned back to R-1-8. Chair Meaders asked if it has ever been legal to have animals on the property. Jody Knapp said animals have been on the property since the 1950’s, before zoning existed. We have a letter from a long time neighbor testifying of this. Chair Meaders commented that surrounding neighbors thought the subject property had always been zoned A. Chair Meaders asked if surrounding properties zoned A also have animals. Jody Knapp answered yes. Jody Knapp has received a petition with signatures from neighbors against the rezone and submitted photos. One photo shows debris that had been thrown from the subject property onto the complainant’s yard. Other photos show some weeds that have since been cleaned up, tomato and petunia plants that were eaten by rabbits, and a sign reading, “Goat’s milk for sale”. Jody Knapp said no license or permit is needed to sell goat’s milk. The seller just needs to register with the Department of Agriculture. Commissioner Lovato noted that the photos show neighbor dispute issues not related to zoning. Jody Knapp explained that current City code requires that animal pens be at least 40’ from any dwelling. The animal pens on this property have always been on the Planning Commission Study Session June 21, 2017 Page 3 far north boundary, about 20’ from existing dwellings. Jody Knapp pointed out that if this property is rezoned to Agriculture, the owner will have to move animal pens 40’ away from any dwelling. Jody Knapp reported that she received a call from a neighbor who rents out her property. She said her tenant cannot sit on her back patio because of odor coming from the animals. Commissioner Fuller mentioned that animals must be kept 40’ from a house (dwelling), not a patio. Brandon Hill and Jody Knapp verified that is correct. Commissioner Lovato asked for an explanation of animal points. Jody Knapp said 200 animal points are allowed per acre in the A zone. This property is 2.3 acres. Horses and cows are worth 40 points, goats and pigs are 20 points. Jody Knapp reported that Animal Control has investigated the property and found they are within the animal points requirement. She verified there is a different mix of animals there now than have existed before. There were several piglets on the property which don’t count towards animal points. The piglets have since been moved to another property. Jody Knapp confirmed that no complaints against the property have been filed with Animal Control in the past. Chair Meaders asked if the owner were to apply for a nonconforming use determination if he would not have to move his animal pens. Brandon Hill answered that it depends on historical evidence. The number of animals historically on the property is difficult to prove with only aerial photos and neighbor testimonies. Commissioner Lovato said if you build a house next to a property that already has animals, they can assume there will be animals there. That is what motivated the Planning Commission to approve this application in the first place. He feels the major issue here is animals being within the 40’ buffer. CONDITIONAL USE APPLICATION C-16-2017 Petition by TOWN STORAGE COLT PLAZA requesting conditional use approval for a storage unit facility. The property is located at 2938 South Glen Eagles Drive on 2.67 acres and is zoned C-2 (General Commercial). (Staff - Jody Knapp at 801-963-3497) Discussion: Jody Knapp said this storage unit application was initially approved in 2012, then again in 2015. The property has since been sold. The new owner was granted a landscape variance allowing no landscaping on the north and west sides. Landscaping was reduced from 15% to 3%, concentrated on the front of the property. Jody Knapp indicated there will be a single, detached office with five buildings containing storage units. This property will be required to meet Commercial Planning Commission Study Session June 21, 2017 Page 4 Design Standards. The building will be block construction with wainscot and column features. Jody Knapp will check to see if there will be an on-site manager for the property. There being no further business, the meeting adjourned at 4:20 p.m. Respectfully submitted, _______________________________________ Brenda Turnblom, Administrative Assistant