West Valley City Planning Commission Minutes
December 11, 2002

WEST VALLEY CITY
PLANNING COMMISSION
MINUTES

December 11, 2002


The meeting was called to order at 3:05 p.m. by Chairman Harold Woodruff at 3600 Constitution Boulevard, West Valley City, Utah.

WEST VALLEY CITY PLANNING COMMISSION MEMBERS

Harold Woodruff, Jack Matheson, Paul Nixon, Richard Fritzsche, Karen Lang and Maria Gonzalez

ABSENT Brent Fuller


WEST VALLEY CITY PLANNING DIVISION STAFF

John Janson, Steve Pastorik, Steve Lehman, Ron Weibel, and Lori Cannon

WEST VALLEY CITY ADMINISTRATION

Joseph Moore, CED Director
Nicole Cottle, Asst. City Attorney


AUDIENCE

Approximately 18 people were in the audience.

PUBLIC HEARING - PROPERTY APPLICATION:


P-1-2002
West Valley City
5200 South 6000 West

Mr. Joseph Moore presented the application.

This application is the first of the property related files that you will begin reviewing. As the City finds it necessary to purchase property, sell property, and lease property, the new case law suggests that the Planning Commission must make a recommendation to the City Council concerning the transaction.

In this application, the property for the amphitheater is being sold to Pristine Mountain Properties. The area being sold includes the actual amphitheater, access to West Ridge Boulevard, and the VIP/handicap parking. The amphitheater will have a stage, offices, concessions, restrooms, fixed seating and seating on a grassy sloped surface. The City is providing additional parking to accommodate up to 20,000 people, and access roads from 5400 South and 6400 West. The area will also provide pads for future office/manufacturing buildings.

Building permits have been applied for and the permitted use is underway.

There was no discussion on this application. Chairman Woodruff called for a motion.

Motion: Commissioner Nixon moved for approval.

Seconded by Commissioner Fritzsche.

Roll call vote:
Commissioner Fritzsche Yes
Commissioner Fuller Absent
Commissioner Gonzalez Yes
Commissioner Lang Yes
Commissioner Matheson Yes
Commissioner Nixon Yes
Chairman Woodruff Yes

Majority - Application P-1-2002 - Approved

GENERAL PLAN CHANGE APPLICATION:


GP-2-2002
West Valley City
4320 South 4000 West
10.43 acres
General Plan Change from Low Density Residential to Medium Density Residential

Mr. Joseph Moore presented the application.

Staff is recommending a General Plan change from low density residential (3 to 4 units per acre) to medium density residential (6 to 10 units/acre) for six parcels at 4320 South 4000 West totaling 10.43 acres. The uses include the Cottage Lane mobile home park with a single family home, the K&B mobile home park with a single family home, an automotive repair business and two other mobile home properties that include a 4,150 square foot warehouse building and a home. The zoning on the south two parcels is R-4 while the remaining parcels to the north are zoned R-1-8.

As part of the General Plan implementation process, staff identified properties where either the General Plan designation or the existing land use is not compatible with the current zoning. In this situation, the General Plan land use designation for this parcel, which is low density residential, is not compatible with the primary use of mobile home parks and the R-4 zone that falls on the two parcels to the south.

Staff is recommending this change for three reasons. First, the current land use of primarily mobile home parks is the most appropriate for the medium density classification, which is 6 to 10 units/acre. Excluding the automotive repair business (0.46 acres) and the undeveloped portion of the Cottage Lane mobile home park (1.15 acres), the total area developed as residential is 8.82 acres. The total number of units on the subject property is 80. Dividing the total number of units by the area yields a density of 9 units/acre.

The second reason for this General Plan change is economics. The K&B mobile home park is 4.81 acres in area. The Salt Lake County Recorder’s Office lists the appraised value of just the land for K&B at $707,200, which results in a value/acre of $147,027. In dealing with single family residential developers, staff has learned that the price per acre of land for single family development in West Valley ranges between approximately $45,000 to $60,000. Thus, the value of the K&B mobile home park is currently too high to be purchased and developed as a single family development.

The third reason is that this change may provide an incentive for a developer to redevelop these properties as a townhouse or condo development. Some of the parcels include dated mobile homes with poor access and little or no open space. In the long run, a townhouse or condo development may be preferable to mobile home parks that do not meet current zoning standards.

There was no discussion on this application. Chairman Woodruff called for a motion.

Motion: Commissioner Matheson moved for approval, as this change recognizes the existing land uses, and provides an incentive for redevelopment in the future.

Seconded by Commissioner Lang.

Roll call vote:
Commissioner Fritzsche Yes
Commissioner Fuller Absent
Commissioner Gonzalez Yes
Commissioner Lang Yes
Commissioner Matheson Yes
Commissioner Nixon Yes
Chairman Woodruff Yes

Majority - Application GP-2-2002 - Approved

ZONE CHANGE APPLICATIONS:


Z-27-2002
Verdun Hartin & Jeff Condie
4461 South 4000 West
R-2-8 to R-1-8

Mr. Joseph Moore presented the application.

This property is a very deep parcel that is located east of 4000 West and extends back into an existing cul-de-sac, called Dean Circle. Currently there is a home that fronts on 4000 West. The applicant is requesting a small adjustment of the zoning to accommodate keeping the home on 4000 West and creating a buildable duplex lot off of Dean Circle. If approved, the proposed duplex would come back to the Planning Commission for review as a Conditional Use.

Most of this area is zoned for duplexes or 4-plexes. All of the homes on Dean Circle are duplexes. The only pocket of single family homes on this side of 4000 West is the few lots surrounding the home. Some of these have been converted to duplexes, however.
The total area involved in the rezone is about 2,000 square feet. The General Plan suggests medium density residential at this location.

Discussion: Commissioner Nixon asked if the Commission could add enhancement requirements in the approval. Joseph Moore answered that those types of requirements could be added when the applicant returns for the conditional use process.

There being no further discussion on this application, Chairman Woodruff called for a motion.

Motion: Commissioner Nixon moved for approval of the zoning change from R-2-8 to R-1-8 due to compliance with the General Plan.

Seconded by Commissioner Fritzsche.

Roll call vote:
Commissioner Fritzsche Yes
Commissioner Fuller Absent
Commissioner Gonzalez Yes
Commissioner Lang Yes
Commissioner Matheson Yes
Commissioner Nixon Yes
Chairman Woodruff Yes

Majority - Application Z-27-2002 - Approved

Z-28-2002
Beck Street Properties
6550 West Hwy. 201
A Zone 6.72 Acres

Mr. Joseph Moore presented the application.

The applicant is requesting a change in zone for the property at approximately 6550 West Utah Highway 201 from Agriculture (A) to Manufacturing (M). The subject property is on the north side or Hwy. 201 and is approximately 6.72 acres. It is surrounded by manufacturing zone and is in an area designated by the West Valley City General Plan Vision 2020 as heavy manufacturing. This area north of Hwy. 201 has some existing uses that are mainly outside storage such as used equipment and auto salvage.

While this is a request for a change in zoning, and not for approval of a specific use, the applicant has submitted conceptual plans for the intended use if the zone change is approved. They would like to operate an auto salvage yard as a "pick and pull" type of operation. This would be a conditional use in the manufacturing zone and they would have to come back to the Planning Commission for approval. There would be many issues relating to this type of use and the applicant has been made aware of some of the major ones. A partial list would include the following:

• landscaping, both quality and amount.
• quality and appearance of exterior building elevations.
• materials and height of fencing around the entire property.
• hard surfacing of any part of the lot used for storage.
• amount, height and duration of outside storage of vehicles that will be allowed, and requiring that all parts be pulled and stored in a building.
• access approval from Hwy 201 onto the property by UDOT.
• sewer and water service, storm water accommodation and fire protection.
• wetlands issues for the northeast area of the property must be coordinated with the U.S. Army Corps of Engineers.

Applicant: Applicant: Favored:
John Zarbock Buddy Zarbock William Wabel
Beck Street Properties Beck Street Properties 5800 W. 2300 S.
3448 S. 1320 W. 12061 S. Bear Hlw Dr.

Discussion: John Zarbock, the applicant stated he would like to set new standards by developing a different type of wrecking yard. He showed the Commission pictures of an existing business that had a ‘clean’ feel, with fenced inventory, a nice building, parts housed in the building, and where customers purchase items from a counter. Mr. Zarbock said currently there is no regulating control with auto wrecking yards, and therefore most are unsightly businesses. He said this location would be an opportunity for West Valley to regain control and possibly have other similar businesses locate to this area. Commissioner Matheson asked about the plans for a metal building. Mr. John Zarbock said a metal building is being planned, and it would be covered with a stucco exterior. He stated he has other similar businesses, and the buildings look like any average, attractive building with landscaping. Chairman Woodruff asked about access to the business. Mr. Zarbock explained that preliminary approval had been received from UDOT, and he showed a letter from UDOT. Chairman Woodruff asked the applicant to summarize the letter from UDOT. Mr. Zarbock read a list of requirements from UDOT such as asphalt being placed at the right grade, a deceleration lane, right turns only, etc. Commissioner Nixon asked about a frontage road access and was told there would be one at 5600 West and 7200 West. Commissioner Nixon inquired if fencing would be placed around the business. Mr. Zarbock answered that a metal fence would be placed around the rear portion as a visual barrier to the site, with a rock masonry wall at the front location. He assured the metal fence would be treated with a rust inhibitor. Commissioner Fritzsche asked how long vehicles might be stored on the lot, and was told no more than 90 days. He said the inventory would be priced to sell, is consistently rotated, and would be hauled away if not sold as there is a limited amount of space. The applicant informed the Commission of where recycling locations were. Commissioner Lang explained that metal fences and metal buildings are discouraged in West Valley. The applicant explained that a block building would cost them too much, and that with the wainscot which will surround the metal building, masonry exterior, and stucco fascia across the front, the building will look attractive. Commissioner Lang stated other applicants have requested metal buildings, and the Commission required block building, as the building is an investment in the business. The applicant assured that they have tried to conform with City requirements, and any unsightly appearance would be eliminated. He was concerned that if businesses are required to have block buildings, it may price some businesses out of the area. Commissioner Nixon asked about a lean-two that was displayed on the pictures next to the building. Mr. Zarbock answered that Bountiful City must have approved the lean-two, but if West Valley does not like a lean-two, then one will not be built. Commissioner Matheson reminded the Commission that this application is only for rezoning the parcel from agriculture to manufacturing, and the building issues could be reviewed during the conditional use process. Commissioner Nixon suggested this information may help the applicant to understand what to expect from the Commission, and the applicant thanked the Commission for the information. Mr. William Wabel, a citizen in favor of the application, informed the Commission that he is currently the owner of a nearby salvage yard. He stated he likes what the applicant has planned, as the area needs an upgrade. Mr. Wabel believes this is the future for this type of business, and would like to move to this area from his existing location. Chairman Woodruff said the site plan and elevation will not be dealt with today, and that time will be allowed for the applicant to submit plans for the Commission to review at a future study session.

There being no further discussion on this application, Chairman Woodruff called for a motion.

Motion: Commissioner Matheson moved for approval of the zone change from ‘A’ to ‘M’ subject to the resolution of any issues raised at the public hearing, and giving the applicant notice as to what the Commission may require for the conditional use.

Seconded by Commissioner Lang.

Roll call vote:
Commissioner Fritzsche Yes
Commissioner Fuller Absent
Commissioner Gonzalez Yes
Commissioner Lang Yes
Commissioner Matheson Yes
Commissioner Nixon Yes
Chairman Woodruff Yes

Majority - Application Z-28-2002 - Approved
SUBDIVISION APPLICATIONS:


S-13-2002
Stonebrook Subdivision - Final Plat
3885 West 3800 South
R-1-8 Zone
37 Lots
3.7 U/A

Mr. Joseph Moore presented the application.

BACKGROUND

Ivory Homes, is requesting final plat approval for a 37-lot subdivision in the R-1-8 Zone. The proposed subdivision is bordered on the north by the Bridlevale Farms Phase 2 Subdivision, the east by Bangerter Hwy, the south by the Westwood Village Subdivisions and the west by vacant property.

STAFF/AGENCY COMMENTS:

Building Division:

@ Follow recommendations outlined in the soils report.

Utility Agencies:

• Standard Public Utility Easements required.

Public Works Department:

• Authorization required of ditch/water users for any abandonment, relocation, piping or any other modifications to existing ditches or irrigation structures.

• Dedication and improvements for all new interior streets. Said improvement shall include curb, gutter, sidewalk and asphalt.

• Need design and specifications of a sound barrier wall adjacent to Bangerter Hwy.

• Revisions to plat required.


Granger Hunter Improvement District:
• Project subject to all GHID requirements.

• West Valley City Fire Department shall determine proper fire protection.

ISSUES:

1. The Stonebrook Subdivision received preliminary approval in September 2002. The proposed subdivision will consist of 37 lots on approximately 10 acres, which equates to an overall density of 3.7 units per acre. Lots range in size from 13,695 square feet to 8,000 square feet. The average lot size throughout the proposed subdivision is approximately 8,869 square feet in size.

2. As part of the zoning approval prior to preliminary approval, Ivory Homes committed to follow the City’s new housing ordinance. In addition to housing size and quality, a 6-foot parkstrip will be provided to help create a more desirable streetscape.

3. Access to the subdivision will be gained from existing stub streets in the Bridlevale Farms Subdivision to the north and from the Westwood Village Subdivision to the south. The street cross section will essentially be the same as other Ivory Subdivisions.

4. The developer will also provide two stub streets along the west boundary of the subdivision. The first stub street will provide access for the larger vacant property at the southwest corner of the subdivision, while the other stub street will provide access to the Bunkall property.

5. During the study session a question was raised whether the stub street into the Bunkall property should be moved to the north to create more depth to the potential new lot on the south. The stub street into the Bunkall property is not intended to serve other properties. Should Mr. Bunkall desire to subdivide in the future, the center line of the street would essentially be the division line between two potential lots which would allow for a lot depth of approximately 98 feet.

6. The developer, in accordance with City Ordinances, has proposed a temporary turnaround adjacent to lots 1 and 37. In past subdivision development, the City has allowed the developer to install a turnaround using the last two lots. Essentially, the builder will front the driveways across from each other and would install 6 inches of concrete in the driveway as opposed to the standard of 4 inches.

7. The subject property has been farmed for many years, and as a result, may have an extensive irrigation system. The developer will be required to pipe areas designated by Public Works and existing water users.

8. As with all new subdivision development in West Valley City, the potential for ground water problems exist. The developer has provided a soils report. According to this report, ground water was not encountered to a depth of 13 feet. Once construction begins, and if evidence of ground water exists, the applicant will be required to update the report accordingly.

9. The proposed subdivision is adjacent to agriculturally zoned properties to the west. As a requirement of this subdivision, and according to City Ordinance, the developer will be responsible for fencing these areas with a 6-foot chain link fence and provide a notation on the plat notifying potential owners that this area is adjacent to agriculturally zoned properties and may be subject to sounds and odors associated with this type of use.

10. The subject property is adjacent to the Bangerter Highway. According to City Ordinance, the developer will be responsible for installing a sound barrier wall. Staff recommends that the developer coordinate this issue with UDOT. In addition, Public Works has noted that design specifications will need to be made part of the final plans.

Applicant: Chris Gamvroulas
Ivory Homes
970 East Woodoak Lane

Discussion: The applicant had concerns with the staff’s recommendations that the developer receives written approval from the Bunkall family stating that the location of the proposed stub street works for the intended purpose. Joseph Moore explained that he would like the applicant to sit down with Mr. Bunkall and discuss development alternatives. Mr. Gamvroulas replied that opportunities for this type of discussion have passed. Joseph Moore stated staff was concerned about two lots that may be land-locked and difficult to develop if property to west was developed. The applicant assured that a stub street will access these lots for any future development. Commissioner Matheson reminded the Commission that Mr. Bunkall’s only concern was that a fence will be placed around his property. Mr. Gamvroulas assured that a fence will be built as requested. Commissioner Nixon requested the applicant meet with Mr. Bunkall to clarify any agreements, and the applicant stated he would be flexible.


There being no further discussion on this application, Chairman Woodruff called for a motion.

Motion: Commissioner Matheson moved for approval of the final plat for the Stonebrook Subdivision subject to the following conditions:

1. That compliance be made with Granger Hunter Improvement District, including water line extensions, connections, water rights and fire protection.

2. That the subdivision name and interior street name be approved by Salt Lake County.

3. That a 6-foot chain link fence be installed adjacent to all agricultural properties and that a notation be placed on the plat indicating that this area is adjacent to agricultural zoning and may be subject to the sounds and odors of such uses.

4. That recommendations outlined in the soils report be followed.

5. Interior street widths and cross sections shall comply with all West Valley City Engineering standards.

6. That the developer follow the City’s new housing ordinance as it relates to housing size and quality.

7. That all matters pertaining to the existing irrigation system be addressed with the Public Works Department and water users.

8. That plans for the barrier wall along the Bangerter Highway be coordinated with UDOT. Said plans shall be submitted to the Public Works Department prior to plat recordation.

9. That the developer resolve all staff and agency concerns.


Seconded by Commissioner Fritzsche.

Roll call vote:
Commissioner Fritzsche Yes
Commissioner Fuller Absent
Commissioner Gonzalez Yes
Commissioner Lang Yes
Commissioner Matheson Yes
Commissioner Nixon Yes
Chairman Woodruff Yes

Majority - Application S-13-2002 - Approved


S-19-2002
Sunset Cottages
3650 South 3200 West
RM Zone
14 Units
1.98 Acres
7 U/A

Mr. Joseph Moore presented the application.

BACKGROUND

Mr. Clint Petersen, is requesting preliminary approval for the Sunset Cottages Planned Unit Development. The subject property is approximately 1.98 acres in size and is bordered by the Valley Fair Housing Development to the east, the Lehman Subdivision to the north, 3650 South to the south and 3200 West to the west.

Although the density may seem extreme for a single-family development, the property is zoned for higher density uses. (RM Zone) When this project was conceptually reviewed with staff, a determination was made that the City would rather see single-family detached housing as opposed to multiple family attached units. The main reason for this determination is that a single-family development would provide home ownership as opposed to rental units. Due to the unique nature of the proposed subdivision, a development agreement will need to be devised to ensure that the subdivision will be constructed as approved by the City.

STAFF/AGENCY COMMENTS:

Public Works Department:

• Authorization required of ditch/water users for any abandonment, relocation, piping or any other modifications to existing ditches or irrigation structures.

• Contact Salt Lake County Auditor’s Office for approval of street names and subdivision name.

• Revisions to plat required.

• Resolve issues with 3650 South and access onto 3200 West.

Building Division:

• Soils report is required prior to final plat review.

Utility Companies:

• Standard Utility Easements required.

• Some concern regarding side yard easement widths.

Granger Hunter Improvement District:

• If project is a private PUD, developer will be required to have master meters.

• Project is subject to all GHID requirements and design standards.

Fire Department:

• Proposed fire hydrant locations need to be shown on subdivision plat.

• Project shall meet all provisions of Fire Code relating to this type of development.

ISSUES:

• The subject property typifies the definition of an infill development. Existing residential uses are located on the north, east and south. A small day care is located at the corner of 3650 South and 3200 West. The subject property has unique characteristics relating to its configuration which makes residential housing a bit more challenging. Due to the limitations the property possesses and in keeping with the philosophy of home ownership, the City will need to look outside of the box as it relates to dwelling size, setbacks, open spaces, and street cross sections.

• As mentioned previously, the developer sought staff’s advice regarding the development potential of the property. Staff informed the applicant that promoting the City’s goal of home ownership was perhaps the keystone to the development of the site in question. In response, the developer devised a plan for single-family detached housing as opposed to multiple family housing. However, staff made it clear that the concept being shown with bungalow and neo-traditional type housing was crucial to the overall development, and that without some type of development agreement to ensure this type of housing, the concept would be difficult for the Planning Commission and City Council to approve.

• Lot sizes throughout the development range in size from 3,986 to 6,036 square feet. The average lot size in the subdivision has been calculated at 4,149 square feet. The developer has submitted a home placement plan for the entire subdivision. This plan illustrates how dwellings could be placed on each lot with accompanying setbacks. For the most part, this plan accurately reflects those matters discussed by staff and the developer early on in the conceptual stage of development. There are however, a few home placements that will need to be altered in order to make better use of the property and setback distances. Because the developer will not have time to prepare a new plan, staff will recommend that this be done in a subsequent study session and will condition the preliminary plat as such.

• The developer has submitted various elevations that could be used in the subdivision. They appear to be of a cottage design with covered front porch areas. The developer has not clearly indicated that these exact elevations would be used, but has stated that they are plans that could be modified to fit the property. Square footage has not been defined by the developer at this point, but should be a topic of discussion during the preliminary plat hearing. Due to the configuration of the subject property and setback restraints of each lot, staff will require that the "exact" home design be reviewed and approved by the Planning Commission during the follow-up study session. The home design will then be made part of the development agreement.

• All homes will have a detached garage in order to provide sufficient room for home placement and to help establish a unique architectural feel to the subdivision. Building materials will consist of brick, rock, stucco and masonite siding. The masonite siding will be used on the majority of homes to keep the architectural integrity in tact. Colors and other material boards will be shown to the Planning Commission during the follow-up session.

• Although each property will have a private space for recreation, the developer is proposing an area of open space to be used by the new community. During the conceptual review of the proposed development, the open space was relegated to a corner lot. Staff recommended that the developer eliminate one of the lots to provide a connection with the two areas of the subdivision as opposed to just the one area. The open space as proposed will now allow all residents of the subdivision to interact in this space. Staff will require that the developer provide landscaping plans and proposals for recreation in this space, as part of the final plat and/or during the follow-up study session.

• The perimeter of the development site contains a mixture of fencing types. Staff is not sure if the developer is proposing to install a new fence or not. There is no requirement for fencing in residential developments. However, because this is a planned unit development, fencing can be a condition of approval during the preliminary plat stage. The developer will be able to better address this matter during the public hearing.

• Access into the subdivision will be gained from 3200 West and 3650 South. The developer is proposing an entrance feature and barrier fence along both streets. The proposed fence will be constructed of rock pillars and wrought iron sections. The developer is proposing to fence both street frontages to add an identify for the new subdivision. Elevations of this fence have been provided for Planning Commission review and will once again be available during the pre-meeting.

• The subdivision will have a private street system. Improvements have been installed along 3200 West and 3650 South. The developer will need to coordinate connections into these streets with the Public Works Department. The interior street system will contain a modified curb and sidewalk along one side of the street for pedestrian use.
• The subdivision plat has been reviewed by the Fire Department. The configuration of the street system will provide sufficient room for fire apparatus. Essentially, the street will act as a hammerhead to provide maneuverability for emergency service personnel. Other conditions regarding the Fire Department have been outlined in a letter to the developer.

• It appears from property ownership maps that the existing house and duplex located along 3650 South are included in the overall boundary of the subdivision. If this is the case, this property will need to be included in the subdivision plat as a separate lot.

• As with all development in the City, there is a potential for groundwater. A ground water investigation will need to be submitted for review and recommendation prior to final plat review. The Building Official and City Engineer will need to determine what methods should be implemented to mitigate potential impacts if ground water is encountered.

• Because the subdivision contains a private street and park system. Staff will recommend that the developer provide a cost analysis for the maintenance of said items. Because the development is rather small in size, costs to maintain the street and open space are likely to be within reason for potential home owners. However, the breakdown will allow staff an opportunity to assess these costs in order to ensure that a mechanism be in place for the future maintenance of the improvements.

Applicant:
Clint Petersen
2138 E. 6200 S.

Discussion: Chairman Woodruff asked about the maximum zoning allowed. He was told it was medium density with 14 units per acre. Commissioner Nixon asked what the property across the street was zoned, and was told it was R-1-8. Mr. Clint Petersen stated this is a unique piece of property, and him and his partners had decided a planned development would be best for the area. He explained that craftsman style homes are planned, which should enhance the community. Commissioner Nixon asked if the street off from 3650 South was reduced in length as discussed during the study session. Steve Lehman replied that the length has not been changed. Joseph Moore explained that as part of the redesign, an area might be considered to be removed from the street and incorporated into the lot sizes. The applicant informed the Commission that all homes will have a common area for homeowners to share. Chairman Woodruff asked what the square footage of the homes would be. Clint Petersen replied that they would be 1,600 to 2,100 sq. ft. with a detached garage and a private patio area. He stated the area would be fully landscaped, and the applicant will take care of maintenance for approximately $90.00 per month. Commissioner Nixon asked the price of the homes and was informed that the price should be just under $200,000.00, but the numbers are still being worked on. Chairman Woodruff inquired of fencing for the development. The applicant answered that there would be fencing around the entire perimeter, and that a retaining wall will be added due to required fill. An existing wood fence will be replaced with a concrete stem wall and topped with vinyl. Commissioner Fritzsche asked the applicant if Granger Hunter Water District had been contacted and was told they had. Commissioner Matheson suggested a development agreement be included, as many extras have been proposed for this development. Commissioners asked if the applicant had reviewed the staff’s stipulations. Clint Petersen replied he had no problem with the stipulations and would do whatever the Commission requested.

There being no further discussion on this application, Chairman Woodruff called for a motion.

Motion: Commissioner Nixon moved for approval of application S-19-2002 subject to the following conditions:

1. That the developer resolve all staff and agency concerns.

2. That the Planned Unit Development be guided by a development agreement reviewed and approved by the Planning Commission during final plat review. Said agreement shall also be incorporated into the CCR’s of the development and shall address maintenance and cost estimates for future home owners.

3. That the minimum dwelling size be established by the Planning Commission. Building elevations and setbacks shall be specific for each lot and shall be brought back for review during a Planning Commission study session. The specific elevation and setback as it relates to each lot shall be made part of the development agreement. The revised home placement plan shall be reviewed by the Planning Commission in a future study session. There shall be no manufactured dwellings in the subdivision.

4. Building materials shall consist of brick, rock, stone and stucco as accent materials. Masonite siding will be approved for use on all dwellings to maintain the cottage appearance. Colors and other building materials shall be made available.


5. That a soils report be prepared in accordance with Section 7-19-604 of the City Development Code. Recommendations made by the Building Official or City Engineer shall be attached to the final plat.

6. That the use of unique street lights be considered to enhance the development. Said lights shall be reviewed during a Planning Commission study session.

7. That the developer provide information regarding private yard landscaping and landscaping of the common area. The developer shall indicate whether the maintenance of private yards will be the responsibility of the home owner or the association. The common open space shall be addressed in the CCR’s and incorporated into the development agreement.

8. That perimeter fencing be installed by the developer unless it can be demonstrated that existing fences are suitable for the development.

9. That the developer coordinate with the Public Works Department regarding the right-of-way concerns both in and out of the subdivision.

10. That the existing home and duplex be incorporated into the overall boundary of the subdivision.

11. That the entry feature and fencing adjacent to 3200 West and 3650 South be constructed in accordance with the elevations submitted by the developer. Said fencing shall consist of brick or rock pillars and wrought iron sections.


Seconded by Commissioner Lang.

Roll call vote:
Commissioner Fritzsche Yes
Commissioner Fuller Absent
Commissioner Gonzalez Yes
Commissioner Lang Yes
Commissioner Matheson Yes
Commissioner Nixon Yes
Chairman Woodruff Yes

Majority - Application S-19-2002 - Approved


CONDITIONAL USE APPLICATIONS:


C-30-2002
Commercial Retail Center
5675 West 6200 South
C-2 Zone 25.87 Acres

Mr. Ron Weibel presented the application.

The applicant is requesting conditional use approval for a commercial retail center with a gas station and two retail pad sites on a site located at the southwest corner of the intersection of 5600 West and 6200 South. A majority of the area is zoned general commercial (C-2), with a small portion on the southwest of the property zoned residential multi-family (RM). The West Valley City General Plan Vision 2020 anticipates general commercial or mixed use development in this area. The property is 25.87 acres.

The commercial retail development would be a big box development, with a 207,498 square foot building including a garden center and tire and lube facility. There is a proposed gas station on the corner of 5600 West and 6200 South, and two future pad sites of .8 acres each on the west end of the property fronting on 6200 South.

Staff Issues:

• Traffic generated on 6200 South and 5600 West by this use is a concern. The applicant has submitted a traffic study. Staff is hoping to get more detail on this study before the public hearing. The future Western Transportation Corridor will have a significant impact on this area, and may necessitate changing the site layout and eliminating any access points on 6200 South. The West Valley City major street plan requires a 106-foot right-of-way for 6200 South and the applicant will be improving the street to a 53 foot half width. At this time there is one access point proposed on 6200 South, approximately 240 feet from the intersection of 5600 West and 6200 South. Currently there is no access on 6200 South for the pad sites. No access for the pad sites should be granted due to the traffic conflicts with the proposed highway. The access point on 6200 South may need to become a right-in/right-out only at some point in the future, if it is retained.

• The desire for enhanced building elevations and materials has been discussed with the applicant, and it was requested that they provide alternatives to staff. At the time of this analysis they have not provided additional information, but staff took some pictures of a similar facility on Riverdale Road that has brick veneer on all four sides. This may be an option, or alternative materials and colors may be used to give the development an upgraded appearance and minimize the "big box" look. The applicant’s architect will address this issue in the public hearing. Revised materials such as brick would provide for greater opportunities for architectural compatibility with the gas sales facility and pad sites.

• The effect of this type of site on a neighborhood can be substantial. We asked the applicant to set up a neighborhood meeting with surrounding residents, many of whom are not within the West Valley City boundaries. The applicant said that his client did not feel this would be in their best interests. Staff has had several calls from adjacent residents who have received a notice for this item, expressing concern about the effects a development of this size will have on their neighborhood, particularly with traffic.

• Storm water detention is proposed in the landscaped area fronting on 5600 West. Detention is usually done somewhere on site other than in the landscaping areas adjacent to major roads. The applicant has said that they would provide details and cross sections on how this detention area will look, but at this time staff has not received these drawings. New cross sections are anticipated on the revised plans that will be submitted prior to the public hearing.

• Outside storage for some of these types of uses has been an issue in the past. There should be no outside storage of equipment or products, and the use of storage containers should be limited to an area well out of sight of adjacent roads, not in the parking lot, and in an area limited in size. Any storage buildings must be of a construction and material that is compatible with the main building. The Wal Mart at 3100 South and 5600 West had a designated seasonal storage area. Staff would recommend a designated area for seasonal sales and temporary storage.

• The garden center and areas used for seasonal display should be enclosed with a decorative fence approved by the Planning Commission. One option is a combination masonry and wrought iron fence as shown in the photos from the Riverdale Road site.

• The amount of parking provided exceeds the maximum parking allowed by ordinance for this type of use. The Planning Commission may reduce or increase the number of parking stalls required if it can be shown through a parking study that the proposed uses would have a demand less than or in excess of the requirements stated in the ordinance. Their traffic study should address this.


Applicant: Concerned: Against:
Robin Salvagio Kathy Kem Susan M. Ross
350 S. 400 East, #304 6700 Antioch, #3-W 6563 S. Riverrock Place
Salt Lake City, UT 84106 Merriam, Kansas Salt Lake City, UT

Against: Against: Concerned:
Martin E. Shiek Wayne Arroyo Heather Tucker
6481 S. Rogue River Lane 6158 South Walnutridge Dr. 6305 Wakefield Way
Salt Lake City, UT Salt Lake City, UT West Valley, UT

Against:
Sandra Resek
6317 South Wakefield Way
West Valley, UT

Discussion: Ron Weibel informed the Commission that staff had received calls from neighbors regarding excessive traffic on 6200 South, suggesting it may worsen if a large retailer located in their neighborhood. He displayed pictures of a Wall-Mart in Riverdale, noting the alternative exterior treatments. Staff believes upgraded exterior materials will enhance the look of the store. Ron said a neighborhood meeting between the developer and nearby residents may be needed. Commissioner Matheson was concerned about a portion of property that was zoned ‘RM’. Ron Weibel informed that the property was being reviewed, and could be addressed separately after approval of use. Commissioner Nixon expressed concerns regarding the large amount of parking lot which may not be needed, suggesting West Valley encourages green areas. Ron Weibel said it may be appropriate to limit the parking stalls, and the applicant may be able to explain why a large parking lot is required. Commissioner Nixon asked why the developer had the attitude that they shouldn’t discuss the project with the neighboring citizens. He thought Wal-Mart would want to meet with neighboring citizens. Ron Weibel responded that staff had received calls from nearby residents thinking West Valley was trying to "pull something over on them." Chairman Woodruff asked if the steep slope that frames the building would be treated? Ron Weibel answered that the applicant plans to have natural vegetation planted on steep slope area, with natural seeding.

The applicant, Robin Salvagio explained that during the pre-application meeting with City, a neighborhood meeting was never addressed. She reminded that the holidays are near, and a notice of meeting mailed out now may not give residents enough time to respond. Ms. Salvagio stated Wal-Mart understood that all adjoining residents would be noticed by West Valley City. She said meetings were held with UDOT, the City, and the County regarding traffic on 5600 West and 6200 West. It was determined that both roads would need to be widened to five lanes. There will be a 100-foot right-of-way which will visually make the store far away from residents. Ms. Salvagio stated traffic will be low compared to existing traffic, and that the road widening and setbacks should help. Regarding outside storage, Ms. Salvagio said the sides of the site are very steep, (a three-to-one grade), sloping up in the rear, where loading will be performed. The slope provides a natural screen without needing a wall, except for possibly a wall for retention. More site drawings for the area are available if requested by staff. Ron Weibel asked about storage containers and was informed storage containers should be placed behind the building, out of the parking lot. He was concerned that seasonal storage be placed out of public view or covered with decorative, attractive fencing. Ms. Salvagio said seasonal sales in the parking lot are temporary, such as potted plants in the spring. Commissioner Lang had concerns that temporary sales in parking lots are more constant than temporary, and tend to make the parking lot look ‘junky’. The applicant and Commissioners discussed the definition of temporary sales. Ms. Salvagio informed that through summer, plants are placed outside, then during winter months, other items are placed outside. Commissioner Lang wanted the record to show that she is opposed to sales coming out into parking lot. The applicant explained that the parking averages five spaces per 1,000 sq. ft. of building, which is the industry’s minimum. She said in other cities, and as shown in parking studies, at times there is not enough parking at Wal-Mart stores, creating complaints from neighbors and surrounding businesses. The applicant believes this area warrants a large parking area for a Wal-Mart store. Chairman Woodruff asked about grading. Ms. Salvagio responded that due to the steep grading, low water treatment would be best. Some irrigation would be required to get it established, then very little water will be required, with minimal maintenance, such as once per month. Sod would be limited to the frontage area and near residents. A keystone wall with a decorative surface will be placed around detention area, which has been revised, moving the detention pond per staff’s requirements. Ms. Salvagio affirmed that other landscaping alternatives can be reviewed if desired by staff. Commissioner Fritzsche was concerned about drainage and the potential for flooding, asking if the drainage pond could hold large amounts of water. The applicant clarified that the ponds are detention, not retention ponds. Ron Weibel reminded the Commission that Public Works reviews water issues.

Ms. Kathy Kim, representative for Wal-Mart explained the reason some Wal-Marts have extra architectural features are due to agreements between the developer and Wal-Mart. All upgrades are paid by developer, not Wal-Mart. The plans for this building’s appearance are up to Wal-Mart, and Ms. Kim can only offer a few options. Wal-Mart is willing to have this building’s colors be earth tones (tan and blue.), and the central sign elements can be discussed for the front of the building. Ms. Kim asked for specific information about what the Commission was requesting for the appearance. Chairman Woodruff asked about the central sign element, and was told of options for the location of the sign ie: in the middle of the building, or have the sign separated with columns. Commissioner Lang asked what materials would be used for the exterior and was told two color, split faced block. Commissioner Lang inquired how much stucco may cost for an exterior treatment, stating some stucco can be made to look like brick. Ms. Kim answered that she did not know the extra cost, but that the building’s colors could be changed. Commissioner Lang felt that a better looking building may help it to fit into the neighborhood. Ms. Kim responded that she could bring samples of stucco that is similar to brick colors. Commissioner Nixon was concerned that this retail center was too close in appearance with existing Wal-Mart stores, and he did not like the attitude that Wal-Mart cannot change the appearance and/or parking issues. Ms. Kim reminded the Commission that she is a representative of the client, and they have the final say. She will take back the suggestions and the client will look at cost and options. Commissioner Nixon stated it is the duty of the Planning Commission to make sure the building is as nice and pleasant as possible for residents. Chairman Woodruff suggested different materials be used, such as a combination block and brick accents. Ms. Kim replied that the tan is already an upgrade from blue and gray. She said she would propose suggestions to the client, such as adding pilasters on the fence and across the building, and/or painting the block. Ms. Kim explained that the most expensive change would involve exterior building materials. Commissioner Nixon responded that painting a strip around the building would not be enough, and additional changes should be made. Commissioner Lang reminded the applicant that the store in Park City does not look like a traditional Wal-Mart. Ms. Salvagio replied that the Park City store was not a developer deal or redevelopment project, but was designed differently due to location near the highway and Park City’s gateway. Commissioner Fritzsche mentioned how most Wal-Marts look similar, but that issue didn’t concern him as much as the stores being located close to each other. Ms. Salvagio stated the nearest Wal-Marts would be four (4) miles away. Wal-Mart has a real estate committee that must approve the location verifying the economic viability.

Ms. Susan Roso, a nearby resident, stated concerns regarding the noticing for this application. She said she received the notice less than one week from the Public Hearing, and there was no mention of the business being a Wal-Mart. She suggested the application be taken off the agenda or be continued with future notices mailed to nearby residents stating the application is for a Wal-Mart. Ms. Roso explained that her back window will face the building, and she is concerned about lighting, security, traffic, nearby schools, safety of nearby residents, elevation of the building, and depreciated property values. She suggested studies be conducted showing what this business may do to the nearby residential property value. Ms. Roso had questions about the Western Power Corridor and asked if this may be the draw for this location. She thanked the Commission for requesting a better looking building, stating this area is no less important than Park City. Ms. Roso had concerns regarding the open detention ponds, and was told people would not have a risk of falling into the ponds. Joseph Moore explained that lighting would be confined to site, and should not shine on residential properties. He informed attendees that this property has been zoned for general commercial for over 20 years, and this application was not for a zone change, but for a conditional use. Chairman Woodruff explained this hearing was to review issues such as traffic, landscaping, lighting, neighboring properties and other issues that may be impacted. Ms. Roso stated a smaller strip mall would be less obtrusive, and asked if the Wal-Mart was the definite plan for this property. Chairman Woodruff said this application could be continued to resolve issues, it could be denied, or approved with specific standards. He informed Ms. Roso that it is very appropriate to bring up her concerns at this meeting. Joseph Moore explained that the streets in this area have been on the future plans as major arterial streets, designed to accommodate large amounts of traffic. This property was zoned general commercial with the understanding there would be high traffic. He explained the Western Transportation Corridor showed a preferred alignment near this site and UDOT will have a better alignment with the established plan. The Wasatch Regional Council and UDOT have stated that if an alignment is established, it will not be changed easily. Ms. Roso asked for a map of the proposed highway and was referred to Mr. Terri Newell, Project Manager for Western Transportation Corridor, District Two, State of Utah, Department of Transportation.

Mr. Martin E. Shiek had concerns regarding Trax, and how this area is being over developed. He said in cities such as Sandy, stores like Albertsons are required to have an attractive appearance. Chairman Woodruff reminded Mr. Shiek that this area is zoned for commercial uses. Joseph Moore explained the desire is for an attractive, functional, and useful business that can serve the entire community. Mr. Shiek stated there is a nearby Wal-Mart, Harmon’s and Smith’s store that services the community. He had concerns regarding additional traffic and said he bought his house for the view, and now the Wal-Mart will block that view. Chairman Woodruff asked Joseph Moore about the future Trax location and was told the Trax line is planned near (within 30-feet) of the Western Corridor freeway.

Commissioner Nixon made a motion for a five-minute recess at 5:25 p.m.

The Public Hearing reconvened at 5:30 p.m.

Mr. Wayne Arroyo stated concerns regarding lighting, as sports complexes are required to shut off their lights at 10:00 p.m. He also had issues with notification, suggesting not all neighbors received notices, and there was not enough time to respond.

Ms. Robin Salvagio told attendees that Wal-Mart does not process the noticing for the public hearings. She said that Wal-Mart appreciates citizens’ input. Ms. Salvagio explained that the lighting includes fixtures that cut off the light at the property’s edge (zero foot candle at the edge of the property.) She suggested street lights will cause more light. Ms. Salvagio informed the Commission that light poles at a sports complex are very high, (50-60 feet), and that these light poles will be 25-30 feet. The parking lot lights are on 24-hour for safety reasons, as well as video cameras placed on the parking lot light poles.

Ms. Heather Tucker, a concerned citizen, said she lives on the edge of the Power Corridor, and asked if the Wal-Mart would expand to be adjacent to the Corridor. Joseph Moore explained that Wal-Mart could expand into a nearby vacant lot to be located next to the Corridor, but right now, the lot will most likely remain vacant. Ms. Tucker stated lighting may be an issue, as well as viewing delivery trucks at the rear of the building. The applicant assured Ms. Tucker that she shouldn’t be able to see the building from her home.

Ms. Sandra Resek believes that Wal-Mart will do what they want regardless of citizen’s requests. She voiced appreciation to the Commission who is attempting to improve the building’s appearance. Commissioner Nixon suggested Wal-Mart went out of their way to make the store in Park City more attractive. He said West Valley is trying to improve its building standards. Commissioner Nixon stated the Commission should draw the line for businesses appearances when they come into West Valley. He would like assurance that the building will look good, and suggested Wal-Mart apologize to the citizens.

Chairman Woodruff reminded the Commission that he had wanted this application pulled from the agenda until issues could be discussed, but he was overruled. He wants this development to be the standard for future developments in this area, as this could be a very large business center. Chairman Woodruff said a community meeting is important, as the meetings help to get the word out about future developments. West Valley’s policies for noticing exceed Utah State’s recommendations for notification. He said the outside sales and garden shop are valid concerns, as they tend to look junky at times. He would like a continuance, with a resolution for a community meeting. A discussion is needed regarding the appearance of the garden shop ie: make it look like a continuation of the existing building. Additional parking information is needed citing past experiences with other Wal-Mart stores. Commissioner Nixon said he is not comfortable with the plans for this development, and is requesting more discussion regarding building appearance and additional public relations for the community by Wal-Mart. Commissioner Matheson acknowledged it would be fair for residents to know that the planned store was to be a Wal-Mart. He would like additional time to review the plans. Commissioner Lang requested Wal-Mart’s best, as the building would be near residential lots and warrants a different look. Joseph Moore stated noticing will stay the same, with neighborhood association and it’s chairperson being noticed. He said residents could contact Angie Moore in West Valley’s Community Relations Division to find out who the chairperson is for their neighborhood association.

There being no further discussion on this application, Chairman Woodruff called for a motion.

Motion: Commissioner Lang moved for a continuance to allow time for the following issues to be resolved:
1. Enhancing the architectural design of the building.
2. Representatives from Wal-Mart are to conduct a neighborhood meeting to explain the proposal, and to solicit comments. A City representative will attend the meeting to explain processing and answer questions.
3. Revisions to the site plan to include the suggested screen wall next to the gasoline sales, clarification and delineation of any requested outside storage and sales areas, and further justification regarding the amount of parking stalls.

Seconded by Commissioner Nixon

Roll call vote:
Commissioner Fritzsche Yes
Commissioner Fuller Absent
Commissioner Gonzalez Yes
Commissioner Lang Yes
Commissioner Matheson Yes
Commissioner Nixon Yes
Chairman Woodruff Yes
Majority - Application C-30-2002 - Continued
C-31-2002
Pawn Broker LLC
1612 West 3500 South

Mr. Joseph Moore presented the application.

Hector Valdez will be leasing space from Fratto Investments, the owners of Wallpaper Warehouse. Mr. Valdez will be continuing to operate the existing business, the Stereo Connection, and add to that a pawn shop that makes small loans on personal items such as electronics and jewelry.

Signs for the business include a portion of the existing pole sign, which is a multi-tenant sign and signs on the building. Currently the building sign type is an awning, maroon in color. For the time being, the pawn shop, "Monte de Piedad," will have a temporary banner on the building.

Issues could include signs in the windows and outside displays of merchandise.

Applicant:
Hector Valdez
2466 West Boulders Dr.
Taylorsville, UT

Discussion: Chairman Woodruff had concerns regarding signage, the building’s colors, if cars would be used as collateral, and if bars would be in the windows. Mr. Valdez showed the Commission a picture of what the business should look like. He explained that bars were on the inside of the windows. Mr. Valdez stated he plans to provide loans on personal property, with most of the focus on jewelry, etc. He is not planning on working with firearms or vehicles. Mr. Valdez informed the Commission that the building has been vacant for five years, and is ready for use. Commissioner Nixon said pawn shops signs tend to be unattractive and lessen the appearance of the area. Mr. Valdez displayed a picture showing an attractive building, and stated the new sign will be nice looking. Commissioner Lang asked if there would be flashing signs or if the building would be repainted. The applicant assured that there would be no flashing signs, and the building was just painted three weeks ago and will stay the same color. He said he rents a large area and he is currently using only half of the space, so he would like the addition of the pawn shop. Commissioner Fritzsche asked if there would be temporary banners and was told there would be one for only a few weeks.
There being no further discussion on this application, Chairman Woodruff called for a motion.

Motion: Commissioner Nixon moved for approval of the conditional use for the addition of a pawnshop. This approval is subject to the resolution of any concerns raised at the public hearing and meeting the requirements of all affected departments and agencies, as well as the following:

1. Window signs be kept to a minimum, and that there be no outside display of merchandise or storage.

2. No flashing signs.

3. The building colors should blend in with the other buildings, no garish colors.

Seconded by Commissioner Fritzsche

Roll call vote:
Commissioner Fritzsche Yes
Commissioner Fuller Absent
Commissioner Gonzalez Yes
Commissioner Lang Yes
Commissioner Matheson Yes
Commissioner Nixon Yes
Chairman Woodruff Yes

Majority - Application C-31-2002 - Approved

PLANNING COMMISSION BUSINESS

Approval of minutes from November 13, 2002 (Regular Meeting)
Approval of minutes from December 4, 2002 (Study Session)
Approved


There being no further business, the meeting adjourned at 6:05 p.m.


Respectfully submitted,


Lori Cannon, Executive Secretary