Planning Commission Meeting

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES October 9, 2013 The meeting was called to order at 4:00 p.m. by Chairman Phil Conder at 3600 Constitution Boulevard, West Valley City, Utah WEST VALLEY CITY PLANNING COMMISSION MEMBERS Brent Fuller, Jack Matheson, Terri Mills, Phil Conder, and Barbara Thomas ABSENT Harold Woodruff and Joe Garcia WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Jody Knapp, and Nichole Camac AUDIENCE Approximately twelve (12) people were in the audience 3600 Constitution Blvd. West Valley City, UT 84119-3720 Phone (801) 966-3600 Fax (801) 963-3559 West Valley City Planning Commission October 9, 2013 Page 2 GENERAL PLAN/ ZONE CHANGE APPLICATION GPZ-5-2013 Milt Shipp 2882 South Decker Lake Drive General Plan change from commercial/light manufacturing to very high density residential Zone change from M and A to RM 16 Acres Milt Shipp with DAI has submitted a General Plan/zone change application for 16 acres located at 2882 South Decker Lake Drive. The proposed General Plan change is from commercial/light manufacturing to very high density residential (20 or more units/acre). The proposed zone change is from M (manufacturing) and A (agriculture, minimum lot size ½ acre) to RM (residential, multi-family). Surrounding zoning includes A and M (manufacturing) to the north, M to the east and south and RM and A to the west. Surrounding uses include Decker Lake and office uses to the north, office uses to the east and south and the E Gate Apartments and the Decker Lake Youth Detention Facility to the west. Development Proposal Mr. Shipp has submitted several documents and plans, which are attached to this report, to support this application. Below is a list of the attachments and a description of each: • Letter from Milt Shipp with DAI – This letter outlines the justification for this request and includes a petition signed by nearby business owners in support of the application. • Apartment Master Plan: This plan shows the proposed apartment development which includes 368 units housed in 12, 3 story buildings with unit sizes ranging from 699 square feet to 1,195 square feet. The proposed density is 23 units/acre. The proposed unit mix is 18% 3 bedroom, 40% 2 bedroom and 42% 1 bedroom. • Exhibit B – Development Standards: This document includes proposed standards for a development agreement. • Project Plans: This document includes a vicinity map, a colored conceptual site plan, renderings of the different buildings, color schemes for the proposed exterior materials, elevations and floor plans. • Decker Lake Presentation – This is a PowerPoint presentation including economic and other information in support of this application. Issues To staff, the two most important questions for this application are: 1) should the City allow very high density residential at this location and 2) if the use is allowed, what commitments should be included in the development agreement to ensure a quality development? On the first question, Mr. Shipp outlines several reasons in his letter for why he believes this location is appropriate for apartments. Staff has several comments to most of the reasons in Mr. Shipp’s letter. Listed below are the reasons from Mr. Shipp’s letter that staff has comments on along with the comments from staff on each. Reason 1 from the applicant: “The Owner of this location has had a very difficult time finding users for office buildings. It took 12 years to find the Petzl group. Consequently, the Owner feels that the proposed project of Class A apartments is the highest and best use of the ground.” West Valley City Planning Commission October 9, 2013 Page 3 Comment 1 from staff: The master plan for the Lake Pointe Business Park submitted back in 1997 (see attached) included the subject property. The following recent activity in Lake Pointe seems to argue against apartments at this location: • The 70,000 SF Homeland Security building was completed in August of 2011. • Petzl’s 80,000 SF North American Headquarters, which will house 100 employees, is under construction and is scheduled for completion in the spring of 2014. • Progrexion came to Lake Pointe in 2012 with 500 employees. They are looking to expand in Lake Pointe. • E-Health came to Lake Pointe in 2012 with 250 employees. • ADP has 1,000 employees at Lake Pointe during their peak season (Sept.-Jan.) • According to one tenant in Lake Pointe, the business park is currently 100% leased. Reason 2 from the applicant: “This is a TOD (transit oriented development) site. It is located on a Trax line and is within easy walking distance to the station. Tenants will use Trax frequently as a result. The apartment use at this TOD site will generate fewer automobile trips than an office use because tenants will use Trax for more than just work related travel.” Comment 2 from staff: Both office and multi-family residential are considered transit supportive land uses because they have a high concentration of people compared with other land uses like a warehouse or storage units. In fact, a 2011 study from the Public Policy Institute of California states: “Looking across all metropolitan areas in the United States, those with higher density have higher transit ridership, but the magnitude of the relationship between employment density and transit ridership is twice as large as that between residential density and transit ridership.” The master plan for Lake Pointe submitted in 1997 showed 202,596 square feet of office space on the subject property. Using Institute of Transportation Engineers (ITE) trip generation rates, this amount of office space would generate 2,231 weekday auto trips. A 368 unit apartment development would generate 2,447 weekday auto trips. While it is true that some of these auto trips to and from the apartments would be replaced by transit trips, the same could be said of the trips to and from an office building. Reason 3 from the applicant: “Nearby business owners have expressed a desire for adequate & close housing for their employees, plus bringing potential patrons, by signing a petition. Apartment tenants would support the nearby businesses in their purchases, which would help the City’s tax revenues.” Comment 3 from staff: Employees in an office building would also support nearby businesses, especially restaurants during the lunch hour. Reason 4 from the applicant: “Since approximately 30% of the City’s population are renters, this use will serve a significant portion of the people in WVC. At the same time, the Class A nature of the project will add upscale rentals, with which the City may be proud.” Comment 4 from staff: The City has already recently approved 793 Class A apartment units in three different projects. Reason 5 from the applicant: “The recent WVC Staff report compares different types of residential uses in producing revenue to the City. Comparatively, it is expected that our apartment project will yield more revenue to the City than an office building use at this site.” West Valley City Planning Commission October 9, 2013 Page 4 Comment 5 from staff: The staff report mentioned above estimated the amount of property tax, sales tax, franchise tax and program revenue generated from different types of residential development and did not consider office uses. While a detailed revenue analysis of office uses is beyond the scope of the report for this application, staff did compare the taxable value of apartments in the area to the taxable value of offices in the area. The findings are summarized in the table below. In summary, residential uses are taxed at 55% of the market value while office uses are taxed at 100% of the market value. The result is that office uses in this area pay more property tax on a per acre basis than apartments. Project Name & Address Market Value Taxable Value Acres Taxable Value/Acre E Gate Apartments $34,162,190 $18,795,662 17.3 $1,086,454 2982 S Decker Lake Dr. West Pointe Apartments $7,235,700 $3,979,635 4.9 $812,170 2184 W 3100 S Homeland Security Office $9,729,800 $9,729,800 5.8 $1,677,551 2987 S Decker Lake Dr. Lake Pointe Office $14,501,000 $14,501,000 9.0 $1,611,222 2875 S Decker Lake Dr. Source: Salt Lake County Assessor Reason 6 from the applicant: “Significant discussions are taking place with Utopia – this service is already present to our site & we are exploring how to utilize Utopia in the basic services provided to our tenants.” Comment from staff 6: An office building could also connect to and benefit from Utopia. Reason 7 from the applicant: “The public facilities for the apartments are already in place at this site.” Comment from staff 7: The same is true for office uses. In summary, staff does not believe apartments are the best use for this property. Development Agreement If the Planning Commission believes this application should be approved despite the issues mentioned above, staff recommends that the approval be accompanied by a development agreement. As mentioned above, the applicant has proposed development agreement standards in Exhibit B. Staff compared the applicant’s proposed standards to the standards in the latest two development agreements for apartment developments – Pinnacle at Highbury and Sage Gate at Haynes Landing. Most of the standards proposed by the applicant are comparable to those in the two recently approved projects. This project includes a splash pad which was not included in the other projects. Below is a list of the features approved in the other project’s agreements that are not included in or are different from those in the proposed agreement. Pinnacle at Highbury • All units shall have rounded corners, roman tubs and walk-in closets in the master bedrooms. • All unit interiors shall include 2 tone paint. • At least 2 parking stalls per unit shall be provided. The proposed agreement states: “At least 1.75 spaces per unit for 2 bedrooms and 1.5 spaces per unit for 1 bedrooms.” • A minimum of 33% usable open space shall be provided. The proposed agreement states: “A minimum of 30% usable open space shall be provided.” • The maximum number of apartment units shall be 290. The proposed agreement states: West Valley City Planning Commission October 9, 2013 Page 5 “The maximum number of apartment units shall be consistent with the approved site plan.” Sage Gate at Haynes Landing • The unit mix for the project shall include 10, 4 bedroom units. • The open space in the project shall be approximately 47%. The proposed agreement states: “A minimum of 30% usable open space shall be provided.” • The master bedroom in each unit shall have a walk-in closet. • Developer shall retain off-duty police officers to patrol the project for security purposes. • Developer shall participate and maintain good standing in City’s Good Landlord Program as implemented by West Valley City. • This project also included: o a contribution of $96,000 toward the construction of the Cross Towne trail system, o a contribution of up to $250,000 toward the construction of the bridge over the Riter Canal and o a recreational easement in favor of the City for a portion of the project’s open space to be open to the public. In addition to the standards proposed by the applicant, staff recommends the following new or amended standards: • The minimum number of parking stalls shall be determined during the conditional use process. • The maximum number of units shall be limited to 345. This allows for additional open space by removing one of the 23 unit buildings. The large green space in the southwest corner is currently manmade wetlands and would not have much utility for recreation space. During the study session, several concerns/questions were raised. The first concern was the size of the proposed apartment units. Staff mentioned that the Sage Gate at Haynes Landing Project adjacent to Winco had some units that were larger and a different unit mix. Below is a table comparing the unit sizes and mix for Sage Gate at Haynes Landing and the proposed development. Unit Type Sage Gate at Haynes Landing Proposed Development # of Size of Units % of # of Size of Units % of Units in Square Total Units in Square Total Feet Units Feet Units 1 bedroom, 1 bath 42 817 15% 154 699 - 824 42% 2 bedrooms, 1 bath 42 985 15% 52 883 14% 2 bedrooms, 2 baths 84 1,015 30% 96 1,046 26% 3 bedrooms, 2 baths 100 1,165 - 1,400 36% 66 1,195 18% 4 bedrooms, 2 baths 10 1,510 4% 0 N/A 0% Totals 278 368 The second question was concerning the vacancy rate at the E Gate Apartments. Staff contacted the E Gate Apartments office and found that the vacancy rate is currently 5%. The third question was concerning the impact this project would have on Redwood Elementary. Staff contacted the Granite School District and was awaiting a reply when this report was prepared. Staff Alternatives: 1. Denial, the General Plan and zoning map should remain unchanged. Office is a more appropriate West Valley City Planning Commission October 9, 2013 Page 6 use at this location. 2. Continuance, for reasons determined during the public hearing. 3. Approval of the General Plan/zone change subject to a development agreement. The development agreement shall include the commitments made by the applicant as well as the recommended standards from staff. Applicant: Applicant: Applicant: Milt Shipp Jeff Flamm Bryan Flamm 1099 W South Jordan Prkwy 2520 Walker Ln 1099 W South Jordan Prkwy Opposed: Don Brinkerhoff 195 N 1950 W Discussion: Steve Pastorik presented the application. Jack Matheson asked if the apartments appear to conform to the City’s design standards. Steve replied that the elevations do appear to meet design standards but the official review wouldn’t be conducted until the conditional use phase of the process. Barbara Thomas asked if there is access to Decker Lake Drive from the proposed apartment complex. Steve replied yes and indicated where the proposed access is on the site plan. He indicated that pedestrians could access the Decker Lake business park but would need to cross the Trax line. Milt Shipp, the applicant, presented a Power Point presentation. He discussed the need for rental units in the valley, historical vacancy in the County, and class A apartments and their demand. Mr. Shipp stated that the market is currently resisting office buildings, there is a significant demand for apartments, and the Trax line makes for a good TOD community. He indicated that restaurants will need families in the area to overcome the loss of Hale Center Theatre and providing this many apartment units will help business. Mr. Shipp stated that many residents will be able to attend events at the Maverik Center, will be able to participate in UTOPIA, and can work, play, and live in the community. He indicated that apartment units won’t compete with other offices in Lake Park which will help existing businesses continue to succeed. Mr. Shipp stated that recent success in office building development in the area is due to a desperate owner who had to lease to companies for discounted rates. Jeff Flamm, the property owner, explained the business and financial history of the property and other properties in the area. He indicated that an office park is no longer a realistic goal for this parcel due to changes in the economy and to the community. He stated that in order to draw recent tenants into the area he had to significantly discount rates which was not beneficial for him. He indicated that the addition of the Trax line split the area in half which eliminated the possibility of a unified business park. Mr. Flamm stated that due to these changes he now feels an apartment complex would be the best use for the land. He stated that there are great views and a Class A apartment complex would fit in well with the existing community. Mr. Flamm stated that he has no intention of using this land for an office use and has no desire to sell the property either. Mr. Shipp stated that an office development will not happen on this property. He stated that the property tax generated from the apartment units will provide more revenue for the City. Mr. Shipp discussed the proposed apartment complex and described the various proposed amenities that include a splash pad. Mr. Shipp stated that there are great transit options in the area including Trax and close access to I-215. He displayed elevations and floor plans and discussed the number of units as well as the square footage per unit. Mr. Shipp stated that a study was West Valley City Planning Commission October 9, 2013 Page 7 conducted that indicated a high importance for one bedroom units. He stated that the E-Gate Apartments do not offer this option so there is a great need in the area. He indicated that the apartments recently approved at Fairbourne Station have units that are 715 square feet which are smaller than any being proposed with this development. He added that there are units in downtown Salt Lake City that are as small as 400 square feet. Mr. Shipp explained that Redwood Elementary is below the average student to teacher ratio so this development will not negatively impact schools in the area. He stated that discounts will be offered to members of the Police Department and AMC will provide security for the apartment complex. He indicated that parking meets and slightly exceeds the required amount and added that the apartment units will tie into the existing trail system. He stated that the idea of tying into Decker Lake is something that is being explored and adding fish to the lake could be a fun activity for residents to enjoy in the future. Mr. Shipp stated that the property will stay in the family and will be well managed and maintained. He indicated that an apartment complex will have no negative impacts on the existing community. Commissioner Matheson asked who garages are given to and asked if covered parking is also provided. Mr. Shipp replied that garages are a first come first serve basis and all residents will have a covered parking stall if they do not have a garage. Commissioner Matheson indicated that this area is not as urban as Salt Lake City and size of units should not be compared to those offered downtown. He stated that he has a lot of concern for the amount of one bedroom units and indicated that most people need at least two bedrooms. Mr. Shipp replied that these units are over 700 square feet so they are larger than many one bedrooms. Commissioner Thomas asked if there are visitor parking stalls. Mr. Shipp replied yes. Commissioner Thomas stated that she likes communities to have the option of connecting with one another and she doesn’t feel the proposed apartment complex will offer that. Mr. Shipp replied that E-Gate Apartments connect to the existing trail system (just as the proposed apartment complex will) and both communities have access to Trax. Don Brinkerhoff stated that he manages the State youth facility to the west of the proposed development. He stated that there have been many problems with the E-Gate Apartments that include gang signs and drug paraphernalia being flashed at the youth. Mr. Brinkerhoff stated that he is concerned that a similar problem will occur with these proposed apartment units. He indicated that a 14 foot fence was recently installed around the entire facility and there are large lights that are left on all night. He added that this cannot be changed and he wouldn’t want residents to have problems with lights shining into their bedrooms. Mr. Brinkerhoff stated that he does not support this change and feels current zoning is more appropriate. Bryan Flamm, representing the applicant, stated that he works with Candlelight Homes and indicated that they provide a higher end product. He indicated that a lot of work has been put into the design of these apartments to get a quality product that is right for the area. He stated that a decorative fence could be installed on the west side of the apartment complex to shield the State facility and added that no windows will face that direction so there will be no problem with lighting. Jeff Flamm stated that one bedroom units are needed in the area. He indicated that there are an increased number of singles and stated that many people are no longer getting married. He indicated that people need one bedroom apartment units. Terri Mills indicated that a lot of information was presented and she feels that more time is needed to digest it all. She stated that she still feels that this area is better suited to office type uses. Jack Matheson stated that many singles have children and they cannot have them stay West Valley City Planning Commission October 9, 2013 Page 8 unless they have a two bedroom unit. He stated that he is not opposed to apartment units especially with the way Trax has divided the area but indicated that he would like to see a masonry fence on the west side of the apartment complex and he is still concerned about the percentage of one bedroom units. Brent Fuller indicated that he is impressed with the information presented but would like time to evaluate the study that was conducted that indicated the need for so many one bedroom apartments. Commissioner Thomas stated that she is concerned with connectivity in the area and the proximity of the State facility. She added that she doesn’t believe Trax should be viewed as a deterrent for additional office developments. Motion: Commissioner Thomas moved for denial. There was no second. Chairman Conder called for a second motion. Motion: Commissioner Fuller moved for continuance. Commissioner Matheson seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Thomas Yes Chairman Conder Yes Unanimous -GPZ-5-2013- Continued ZONE TEXT CHANGE APPLICATION ZT-6-2013 West Valley City Amending Sections 7-1-103 and 7-16-101 as they relate to Residential Facilities for Elderly Persons City staff is proposing amendments to Sections 7-1-103 and 7-16-101 of the zoning ordinance. The change to Section 7-1-103 updates the definition of the term “Residential Facility for Elderly Persons.” The current definition refers to State Code; however, the State Legislature recently removed all references to Residential Facilities for Elderly Persons from State Code. The proposed definition simply uses the language that was in the State Code prior to its removal. The change to Section 7-6-101 clarifies that such facilities cannot operate as a business. This language was also taken from State Code. Staff Alternatives: 1. Approval. 2. Continuance, for reasons determined during the public hearing. Applicant: West Valley City West Valley City Planning Commission October 9, 2013 Page 9 Discussion: Steve Pastorik presented the application. Terri Mills asked why this is no longer classified in State code. Brandon Hill replied that there were various issues that arose with the Fair Housing Act so the State chose to no longer regulate this. He indicated that there are no concerns for the City in implementing the language into the ordinance. Motion: Commissioner Fuller moved for approval. Commissioner Matheson seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Thomas Yes Chairman Conder Yes Unanimous -ZT-6-2013- Approved CONDITIONAL USE APPLICATIONS C-43-13 Atlantis Burger (Mike Katsanevakis) Hours of operation for Restaurant 7134 W. 3500 S. C-2 Zone (.74 Acres) Introduction: The applicant, Mike Katsanevakis representing Atlantis Burger, is requesting a conditional use amendment to extend the hours of operation for a drive-thru restaurant. The zoning for this area is C-2, General Commercial. The West Valley City General Plan anticipates General Commercial uses for this area. The surrounding zones include C-2 to the south and west, R-1-6 to the north, and Agricultural to the east. The surrounding uses include a Convenience Store/Gas Station to the west, single family residential to the north, a rental home to the east which the applicant also owns, and commercial located to the south. Staff Issues/Concerns: The restaurant use was originally approved at this location in 1995 (C-27-95). The configuration of this site was challenging due to its shallow depth and close proximity to residential. Therefore, the original approval included several conditions to help mitigate the negative impacts of this use on the adjacent residential uses. These conditions were applied over several hearings and included the following: • The hours of operation shall be from 6:00 a.m. to 10:00 p.m. (July 27, 1995). However, this was amended to 11:00 p.m. on January 24, 1997. • The three lights adjacent to the residences shall be turned off at 10:30 p.m. every night. (September 28, 1998). At this time the applicant would like to amend this approval to be permitted to stay open for 24 hours. Their intent is to be allowed some flexibility in the hours so they could possibly stay open later on the weekends. However, if the property were to be sold they would like to be able to list it without any restrictions on the hours. West Valley City Planning Commission October 9, 2013 Page 10 Staff has received a letter from one of the adjacent neighbors that is concerned with this amendment. That letter has been attached for your review. The concerns that were listed that apply to the impacts from the hours of operation include issues with lighting from the establishment intruding on to the adjacent property. There are also concerns regarding noise that is produced from the order board as well as noise from car stereos from the patrons that utilize the drive-thru. In order to address these concerns the applicant has agreed to review the lighting on the site and submit an updated lighting plan that complies with West Valley City Code. They will also erect signs that ask the patrons to turn off their car stereos when they come on to the property. Staff also suggests turning off the three lights on the northern property line when the business is closed. Staff Alternatives: Approval of the conditional use for Atlantis Burger, subject to the resolution of any concerns raised at the public hearing as well as the following conditions: 1. There shall be no restriction on the hours of operation for this use. 2. A lighting plan must be submitted that illustrates compliance with the lighting standards set forth in section 7-9-114 of the West Valley City Municipal Code. 3. The three lights along the north property line directly adjacent to residential shall be turned off when the restaurant is closed for business. 4. Language shall be added to the existing directional sign requesting that patrons turn off their stereos upon entering the site so they do not disturb the adjacent residential uses. Continuance for reasons determined at the hearing. Denial, the current conditions of approval are appropriate for this use due to its close proximity to residential uses. Applicant: Applicant: Favored: Opposed: Mike Katsanevakis Annette Katsanevakis Rebecca Rausch Lila Hanson 7134 W 3500 S 7134 W 3500 S 7080 W 3500 S 7119 Tenway Dr Favored: Favored: Perry Paris Janice Ellis 7105 W 3500 S 3524 S 6935 W Discussion: Jody Knapp presented the application. Terri Mills asked how traffic flows on the property. Jody displayed the site plan and explained where vehicles enter and exit. Commissioner Mills asked how signage would change. Jody replied that the applicant is just requesting a small sign to request patrons to turn down their radio. Jack Matheson asked if there is a breakfast menu. Jody replied that she doesn’t believe this is an option at this time but the applicant may want to expand the menu to include this in the future. Mike Katsanevakis, the applicant, indicated that he has gone through a lot with this property. He stated that the economy is difficult and he would eventually like his children to take over the business. He stated that it is important to have the option of remaining open 24 hours to allow the possibility of more business. Barbara Thomas asked if a lot of business comes in at night. Mr. Katsanevakis replied yes and stated that it is frustrating to turn customers away due to the required closing time. Commissioner Thomas asked if lighting can be changed to have less effect West Valley City Planning Commission October 9, 2013 Page 11 on the neighbors. Mr. Katsanevakis replied that he would be comfortable lowering lights and shielding them so that they shine only on his property. Jody added that the lighting plan would address this and may suggest a lighting pack on the wall instead. Annette Katsanevakis, the applicant, stated that this is a family owned business. She indicated that the property has always been well taken care of and the business is run respectfully. She stated that 3 of the 5 homes behind the property have no objections to the way Atlantis Burger operates and have experienced no problems with lighting, garbage, sound, or anything else. Ms. Katsanevakis stated that the same employees have worked here for the majority of the time the business has been open and it has become very important to have flexibility in business hours with the economy the way it is today. Rebecca Rausch, a neighbor, stated that she has never had any problems with the restaurant. She stated that she can barely see the building due to the large wall. She indicated that she likes this business being in her neighborhood and hopes for its continued success. Lila Hanson, a neighbor, indicated that she hears a lot of noise, deals with garbage on her property from the dumpster, and has lights shining in her bedroom window. She stated that the property owner is not friendly and refuses to help with the problems that she has experienced. Ms. Hanson indicated that she deserves peace and quiet and is tired of having this business behind her home. She stated that she is requesting that the Planning Commission not allow Atlantis Burger to be open 24 hours and indicated that she is strongly opposed to the request. Chairman Conder requested that a member of the audience leave due to several negative exchanges between himself and Ms. Hanson. Perry Paris stated that he works across the street from Atlantis Burger and wants the business to succeed. He stated that the applicant has had problems with Ms. Hanson complaining from the first day he opened over10 years ago. Mr. Paris indicated that he has never heard anyone else complain about the restaurant and many residents and business owners enjoy having Atlantis Burger in the neighborhood. Mr. Katsanivakis expressed frustration with Ms. Hanson and described several times the two have had difficulties. Chairman Conder indicated that the Planning Commission can only look at land use and cannot get involved in disputes between neighbors. Ms. Katsanevakis stated that she will ensure light concerns are addressed. She stated that Ms. Hanson has given them difficulties the entire time they have been open. She indicated that they have tried to work with her to address concerns but have not been able to come to a resolution. Ms. Hanson stated that she has a difficult time sleeping at night due to lights shining into her bedroom. Chairman Conder asked if she would be comfortable with a lighting plan being submitted and implemented. Ms. Hanson replied yes. Brent Fuller stated that there are automatic garbage cans that keep garbage from being blown out. Ms. Hanson replied that this would help prevent garbage from coming into her property. Janice Ellis, a neighbor, stated that Atlantis Burger is the only restaurant business in the area. She stated that it’s important to the community that it succeeds. Ms. Ellis stated that she feels the applicant should have more options for hours of operation and indicated that many people work at nights and would like the option of getting a meal from Atlantis Burger. She stated that the property is zoned for this type of business and she recommends Atlantis Burger to friends and family. Ms. Ellis stated that she has lived in the area for 53 years and has never had a problem. West Valley City Planning Commission October 9, 2013 Page 12 Jack Matheson stated that his concern has been the lighting and having a lighting plan submitted will eliminate problems for Ms. Hanson. He indicated that he feels lights should be left on at the discretion of the property owner for security purposes. Barbara Thomas asked what hours are currently allowed. Jody replied 6 am to 11 pm. Terri Mills asked if the previous restaurant had the same restriction on hours. Jody replied yes and stated that the speaker order board wasn’t allowed until Atlantis Burger applied to have it and a sound study was conducted. Commissioner Thomas stated that lighting does need to be brought up to current standards. She stated that this is an unusual site since it is so close to residential neighbors. She indicated that she doesn’t feel like it should be open 24 hours but does feel lights could remain on at the discretion of the property owner. Commissioner Thomas stated that noise from vehicles can be louder at night while people are sleeping. Commissioner Matheson stated that the wall on the property is large and should help with sound. Commissioner Mills stated that many other restaurants with a drive-through do have limited hours when they are next to residential and added that she feels there should be a limit of some type. She indicated that she would feel comfortable extending the hours but not comfortable allowing the business to be open 24 hours. Commissioner Thomas stated that she feels 6 am to midnight would be reasonable 7 days a week. Motion: Commissioner Thomas moved for approval subject to the following conditions: 1. Hours of operation shall be limited from 6 am to midnight 7 days a week. 2. A lighting plan must be submitted that illustrates compliance with the lighting standards set forth in section 7-9-114 of the West Valley City Municipal Code. Lighting plan must be implemented prior to hours of operation being changed. 3. The lights can be left on or turned off at the owners digression. Commissioner Matheson seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Thomas Yes Chairman Conder Yes Unanimous -C-43-2013- Approved C-44-13 Lokals (Tauna Ellis) Restaurant liquor license 2843 S. 5600 W. C-2 Zone (1.13 Acres) Introduction: The applicant, Tauna Ellis representing Lokals restaurant, is requesting a conditional use for a restaurant with liquor at 2843 South 5600 West. The zoning for this area is C-2, General Commercial. The West Valley City General Plan anticipates General Commercial uses for this area and it is part of the 5600 West Overlay Zone. The surrounding zones include C-2. This project is part of the overall Highbury Center and is surrounded by retail and restaurant uses. Staff Issues/Concerns: This restaurant has been open since 2010 and operates as a Restaurant with Beer. It was originally called Wing Nutz however, they are going through some rebranding and the name will be changed to Lokals. Part of that process includes changing and expanding the menu so they would like to operate as a restaurant with West Valley City Planning Commission October 9, 2013 Page 13 liquor. They will be applying for a Full Service Restaurant license through the Department of Alcohol and Beverage Control (DABC). This location meets all of the spacing requirements set forth in section 7-6-1011 of the West Valley City Code. Staff Alternatives: Approval of the conditional use for Lokals, a restaurant with a liquor license, subject to the resolution of any concerns raised at the public hearing as well as the following conditions: 1. Must meet the requirements of all affected departments and agencies, including but not limited to, the Department of Alcohol and Beverage Control (DABC). Continuance for reasons determined at the hearing. Applicant: Tauna Ellis 1416 W 13400 S Discussion: Jody Knapp presented the application. Tauna Ellis, the applicant, indicated that many of the Wing Nutz restaurants have been rebranded to Lokals. She stated that upgrading from a beer only license to a liquor license will draw a larger crowd. The Planning Commission had no further questions or concerns. Motion: Commissioner Fuller moved for approval subject to the one staff condition. Commissioner Thomas seconded the motion. Roll call vote: Commissioner Fuller Yes Commissioner Matheson Yes Commissioner Mills Yes Commissioner Thomas Yes Chairman Conder Yes Unanimous -C-44-2013- Approved PLANNING COMISSION BUSINESS Approval of Minutes from September 25, 2013 (Regular Meeting) Approved Approval of Minutes from October 2, 2013 (Study Session) Approved There being no further business, the meeting adjourned at 5:58 p.m. Respectfully submitted, _____________________________________ Nichole Camac, Administrative Assistant