phone (801) 567-7200

Midvale City

7505 South Holden Street Midvale, UT 8404 7

Phone (801) 567-7200

PLANNING AND ZONING COMMISSION Minutes

COMMISSION VICE CHAIR:

COMMISSION MEMBERS:

STAFF:

GENERAL SESSION

9th Day of June 2021 Council Chambers

7505 South Holden Street Midvale, Utah 84047

Robyn Anderson

Colleen Costello Dustin Snow Zachary Smallwood Candice Erickson Bart Benson

Alex Murphy, Planning Director Jason Binks, Senior Planner Nate Rockwood, CD Executive Director Garrett Wilcox, Deputy City Attorney Kate Andrus, Community Development Executive Assistant Jake Shepard Network Administrator Juan Rosario, System Administrator

Vice Chair Anderson called the Planning & Zoning Commission meeting to order at 6:03 p.m. She explained how the meeting would proceed. First, the Planning Department would brief the Commission; then the applicant would speak to the Commission; the item will be opened to the public for their comments on public hearing agenda items; the Midvale Deputy City Attorney will then brief the Commission on their role on the given item; and then the Commission would deliberate and make a decision.

Vice Chair Anderson reminded public viewers who wish to comment virtually that they can do so by using by sending an email to Alex Murphy at [email protected] during the public hearing p01tion of each item. These comments will be presented to and considered by the Commission and

PLANNING AND ZONING COMMISSION JUNE 9, 2021

made part of the public record.

ROLLC~LL

Chair Tippetts Vice Chair Anderson Commissioner Costello Commissioner Snow Commissioner Smallwood Commissioner Erickson Commissioner Benson

MINUTES

Excused Present Present Present Present Present Present

Mr. Alex Murphy stated that the Planning Commission was provided with two sets of minutes for April 14, 28 and May 29. One set included staff summaries and the other did not. He added that staff summaries and minutes are all accessible by the public on the Midvale website. Therefore, he asked Planning Commission for their input on which set of minutes they would prefer, moving forward.

The commissioners agreed that the versions without staff reports are more efficient, especially since the staff summaries could be accessed through other means.

1. REVIEW AND APPROVE MINUTES OF APRIL 14, 2021, APRIL 28, 2021, AND MAY 29, 2021.

MOTION: Commissioner Snow MOVED to approve the minutes of April 14, 2021, without summary, April 28, 2021, without summary and May 29, 2021, without summary. The motion was SECONDED by Commissioner Erickson. Vice Chair Anderson called for a roll call vote. The vote was as follows:

Commissioner Costello Yes Commissioner Snow Yes Commissioner Smallwood Yes Commissioner Erickson Yes

The Motion Passed Unanimously.

***

PUBLIC HEARINGS

2. SSMP-22-31-176-013; The Mill Ph 1; 236-264 E 8000 S; Small Scale Master Plan and Preliminary Subdivision Plat for 24-Unit Single Family Residential Development; Jacob Ballstaedt / Midvale Mill Investments LC (Applicant & Owner); Alex Murphy, Planning Director (Staff).

Mr. Murphy presented the request for a small scale master plan and preliminary subdivision. He added that this will be the first phase for the Midvale Mills Project and will include 24 single


family lots. This step will refine many of the details of the large scale master plan that was presented previously to the Planning Co1mnission to ensure that, moving forward, all requirements are met. It will include one of the common areas, private lanes and private lots. This project is a little different than other small scale master plans in that buyers of each lot will decide which house goes on the lot.

***

APPLICANT:

Mr. Jacob Ballstaedt, representing the applicant, thanked the Commissioners and stated that he did not have anything to add and is happy to answer any questions.

***

PUBLIC HEARING:

Vice Chair Anderson opened the public hearing.

Vice Chair Anderson said this is the portion of the agenda that allows any person to express ideas, concerns, comments, or issues. If you would like to comment on a Public Hearing item, you will be allotted time during the Public Hearings portion of the meeting.

If commenting virtually please, email your comments to Mr. Murphy at amurphv<@midvale.com.

When commenting, please: • Limit your comments to 400 words (which is the equivalent of 3 minutes) • Include your first and last name • Include your City of residence (this is optional) and • Include the name of the Agenda item

City staff will only read into the record the equivalent of three minutes. So, please be concise with your statements.

There were no comments.

MOTION: Commissioner Costello MOVED to close the public hearing. The motion was SECONDED by Commissioner Smallwood with all voting in favor.

*** DISCUSSION:

Mr. GaiTett Wilcox, Deputy City Attorney, stated that this item is an administrative item. If the applicant meets all the requirements of the statute, then the Planning Commission is required to approve this application.


Commissioner Snow asked if the parking and setback conditions will affect the amount of open space.

Mr. Murphy stated that it will not, it will just shift the parking over and the open space will change locations. The amount of open space will be the same. He added that what needs to happen with the building permits, is ensuring that the requirements of the ordinance are met as the homes are selected for each lot.

Commissioner Costello asked the applicant if he agreed to the conditions of approval?

Mr. Ballstaedt stated that he had no issues with the conditions of approval.

The Commissioners did not have any additional comments.

***

MOTION: Commissioner Costello MOVED we adopt the findings and conditions of approval presented in the Staff Report, approving the Small Scale Master Plan and recommending the City Council approve the Preliminary Subdivision Plat for The Mill Phase 1 project with conditions. The motion was SECONDED by Commissioner Smallwood. Vice Chair Anderson called for a roll call vote. The vote was as follows:



***

3. CUP-22-30-252-002; Fort Union Duplex; 500 E Fort Union Blvd; Conditional Use Permit for Duplex; SF-1/DO & 7200 S Zone; John Waller/ Pacific Century Development LLC (Applicant & Owner); Alex Murphy, Planning Director (Staff).

Mr. Murphy presented a conditional use permit. He added that the project proposes to construct a duplex in the SF-1/DO zone. He stated that there are conditions that will need to be met for approval.

***

APPLICANT:

Mr. John Waller, the applicant, stated that he was present and happy to answer any questions.

***

PUBLIC HEARING:




If commenting virtually please, email your comments to Mr. Murphy at amurphv(ci),midvale.com.




MOTION: Commissioner Smallwood MOVED to close the public hearing. The motion was SECONDED by Commissioner Snow with all voting in favor

*** DISCUSSION:

Mr. Wilcox stated that this item is also an administrative action. The only additional consideration is f there are adverse effect from this project, then the Planning Commission is required to seek mitigation of those issues. Only if issues presented cannot be mitigated can the Planning Commission deny the application.


MOTION: Commissioner Smallwood MOVED we adopt the findings and conditions of approval presented in the Staff Report, approving a conditional use permit for a duplex at 500 E Fort Union Blvd with conditions. The motion was SECONDED by Commissioner Erickson. Vice Chair Anderson called for a roll call vote. The vote was as follows:



***

4. SSMP-21-26-227-006; Mountain America Credit Union; 7013 S River Gate Dr; Amendment to Small Scale Master Plan for Mountain America Credit Union; BJ/RWO Zone; Carly Carpenter/ Shane Associates Architects (Applicant);


Mountain America Federal Credit Union (Owner); Jason Binks, Senior Planner (Staff).

Mr. Jason Binks presented a request to amend the approved small scale master plan. The small scale master plan was approved with the construction of Burger King. This new project will amend the small scare master plan to allow the proposed construction of a new structure and multiple drive throughs for a financial business in the Bingham Junction area.

***

PUBLIC HEARING:

Mr. Waller stated that he wanted to address the requirement to install or replace missing and/or dead landscaping across both lots as one of the conditions of approval. He does not know how to go about replacing plants on prope1iy that does not belong to them.

Mr. Murphy stated that an amendment to the small scale master plan applies to the entire area of the original plan, which means that the landscape requirement applies to the site as a whole to get the amendment.

Mr. Waller stated that they can speak with Burger King to see if they would replace their dead planting. He did ask if there was a bond in place that would allow the Midvale City to enforce compliance with the landscape requirements.

Mr. Murphy stated that there is not a bond and that the best route to take would be to ensure that the applicant's landscape design coupled with what exists on the Burger King side complies with cmTent ordinance requirements.

PUBLIC HEARING:



If commenting virtually please, email your c01mnents to Mr. Murphy at [email protected].





MOTION: Commissioner Smallwood MOVED to close the public hearing. The motion was SECONDED by Commissioner Costello with all voting in favor.

*** DISCUSSION:

Mr. Wilcox stated that this is also an administrative decision. The Planning Commission is making sure that the request meets the requirements set out by the ordinance. If it does, then the Planning Commission will need to approve the request. If it does not, than the Planning Commission can deny the request.


MOTION: Commissioner Smallwood MOVED we adopt the findings and conditions of approval presented in the Staff Report, approving the Small Scale Master Plan amendment for 7013 S River Gate Dr with conditions. The motion was SECONDED by Commissioner Erickson. Vice Chair Anderson called for a roll call vote. The vote was as follows:



***

5. SUB-22-29-202-068; Fort Union Commercial, Lot 15 Amended Subdivision; 7210 S Union Park Ave; Preliminary Subdivision Plat for 2-Lot Subdivision; RC Zone; Anderson Wahlen & Associates (Applicant); Fort Union Shopping Center LLC (Owner); Jason Binks, Senior Planner (Staff).

Mr. Binks presented a request for Planning Commission recommendation for a 2-lot subdivision of Lot 15 at the Shops at Fort Union. This request has been brought to the Planning Commission to prepare the commercial lots for sale. He added that there will not be any new structures or change of access to the lot.

***

APPLICANT:

Mr. Jake Tate representing the applicant, stated that he is present and is happy to answer any questions the Commissioners have. He added that the subdivision of the subject property will run along the dividing wall of the single building and that the amendment will not add or demolish any structures on the lot.

PUBLIC HEARING:




If commenting virtually please, email your comments to Mr. Murphy at amurphy(@.midvale.com.



Ms. Rhonda Gun· at 1058 E North Union Avenue asked what is happening to the property where the white house currently sits, which she refers to as a dog park? She stated that she has heard word that there will be apm1ments built on that lot of land and asked if an access road was going to be built connecting the project m·ea to South Union.

Mr. Tate stated that there are not any concrete plans on what will take place on the property and that it is not included in this request. He also added that he does not have any plans to construct-a new road.

Ms. Gurr asked if the developers or the City are involved at all in the possible moving of the white house?

Mr. Nate Rockwood, CD Executive Director, stated that there are negotiations taking place now regarding the future of the white house, but nothing is confirmed at this point.

MOTION: Commissioner Costello MOVED to close the public hearing. The motion was SECONDED by Commissioner Smallwood with all voting in favor.

***

DISCUSSION:

Mr. Wilcox stated that this item is an administrative item like the previous items. Therefore, if the applicant meets all the requirements of the statute, then the Planning Commission is required to approve this application.


MOTION: Commissioner Smallwood MOVED I move that we forward a recommendation to the Midvale City Council to approve the 2-lot


preliminary plat for the Fort Union Commercial, Lot 15 Amended Subdivision at 7210 S Union Park Ave with the findings and conditions of approval presented in the Staff Report. The motion was SECONDED by Commissioner Snow. Vice Chair Anderson called for a roll call vote. The vote was as follows:



***

STAFF UPDATE

6. Upcoming Meetings & Projects

Mr. Murphy stated that there will be a special meeting on June 23rd. There will be a couple text amendments on that agenda. One of the items is one of the legislative items regarding noticing requirement. He added that other than that a lot of projects are moving along and that interviews are wrapping up for the planner 1 position and hopefully the position will be filled soon.

Commissioner Anderson asked what is happening with the Walker bank building?

Mr. Murphy stated that the property owner is working on figuring out if the building can be salvaged.

Commissioner Smallwood asked if the Center Street rezone has gone away?

Mr. Murphy stated no, it is still on the agenda, there are some code enforcement issues in that area that has delayed that process.

***

ADJOURN

Commissioner Smallwood made the motion to adjourn at 7: 11 p.m. No one opposed. The meeting adjourned 7:11 p.m.

ate Andrus, CD Executive Assistant

Approved this 2~.,,lday of ~ 2021.


phone (801) 567-7200

Documents