Planning Commission Public Hearing

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT WEST VALLEY CITY PLANNING COMMISSION MINUTES July 31, 2019 The meeting was called to order at 4:00 p.m. by Chair Meaders at 3600 Constitution Blvd., West Valley City, Utah. WEST VALLEY CITY PLANNING COMMISSION MEMBERS Brent Fuller, David McEwen, Clover Meaders, Darrick Porter, Martell Winters, and Cindy Wood ABSENT Mathew Lovato and Harold Woodruff WEST VALLEY CITY PLANNING DIVISION STAFF Jody Knapp, Steve Lehman, and Brenda Turnblom WEST VALLEY CITY LEGAL DEPARTMENT Bradley Jeppsen AUDIENCE There were seven people 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 July 31, 2019 Page 2 Application #: ZT-9-2019 Applicant: Brooks Arnell Request: An ordinance amendment to allow fast food establishments with drive-up windows within the Decker Lake Station Overlay Zone under certain conditions Brooks Arnell with Arnell West is requesting a zone text change to allow fast food establishments with drive-up windows within the Decker Lake Station Overlay Zone under certain conditions. The proposed conditions are:  The view of the drive-through area from the Street shall be minimized through landscaping, berming and/or other screening.  The drive-up window shall be placed on the side or rear of the building.  The drive-up window shall comply with the drive-through windows standards in Section 7-11- 315. These conditions are similar to those in the 5600 West Overlay Zone. Those conditions are:  The Fast Food Establishment shall be part of a multi-tenant Building with only one drive- through.  The Building square footage used by or accessible to Fast Food Establishments shall be less than or equal to the Building square footage used by or accessible to other tenants within the Building.  The view of the drive-through area from the Street shall be minimized through landscaping, berming, and/or other screening.  The drive-up window shall be placed on the side or rear of the multi-tenant Building.  The drive-up window shall comply with the Drive-Through Window Standards in Section 7-11- 315. The applicant’s justification for the requested change is: “The area has changed from an “entertainment district” to a more conventional commercial/business district. Hale Center Theatre, Carmike Cinemas and Wise Guys Comedy Club have all left the area. New ideas and concepts might help modernize and bring additional interest to the area. West Valley City has already opened the door for this change by allowing Beans and Brews a drive-up window. It would be fair to extend this option to other property owners in the overlay zone.” The Decker Lake Station Overlay Zone, formerly called the Commercial Overlay Zone, was first adopted in 1996 when the area around the Maverik Center was beginning to develop. While this overlay zone has been amended several times since 1996, the prohibition on fast food establishments with drive- up windows has been in place since 1996. If approved, this change would apply to all property within the Decker Lake Station Overlay Zone. However, the parcels that would most likely be impacted by this change would be the vacant parcel just north of the Arnell West building, the former Chili’s building that is currently up for sale, and the vacant property on the northwest corner of Decker Lake Drive and 3100 South. Included with this report is a map that lists the names of the businesses within the Overlay Zone. In addition to the Maverik Center and Select Portfolio Servicing, there are 8 hotels, 9 sit down restaurants and a variety of other services like insurance and health care within the area. While not specifically West Valley City Planning Commission July 31, 2019 Page 3 mentioned in the whereas statements of the original Overlay Zone ordinance, it seems that part of the intent was to encourage sit-down restaurants to support the entertainment uses and hotels. Staff Alternatives: 1. Approval. This application should be approved as there are already several sit-down restaurants and little vacant land remaining. 2. Continuance. This application should be continued for reasons determined during the public hearing. 3. Denial. This application should be denied. There are many fast food restaurants with drive-up windows throughout the City. As a unique area, the Decker Lake Station Overlay Zone should continue to prohibit fast food restaurants with drive-up windows. Applicants: Arnold West and Brooks Arnell 3441 South Decker Lake Drive West Valley City, UT 84119 Discussion: Arnold West said he owns the former Chili’s property which has now been subdivided. He reported that real estate brokers have been asking about the possibility of a drive through on the property. There is a Beans and Brews in the Decker Lake Station Overlay Zone with a drive- through as well as Greek restaurant whose drive-through was grandfathered. Arnold West pointed out that there are hundreds of employees at the Portfolio Service Center and not many drive- throughs in the area to feed them lunch. He feels that other than this lot and some property north of 3400 South, there probably won’t be a lot of changes to the existing sit-down restaurants due to this ordinance amendment. The code requirement for at least a 50-foot distance from residences and time limits prescribed on sounds emitting from a drive-through were discussed. Motion: Commissioner Winters moved to approve Z-9-2019. The motion was seconded by Commissioner Wood and passed with a majority vote. Vote: Commissioner Fuller Yes Commissioner McEwen No Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Majority – ZT-9-2019 – Approved PUD-1-2019 Cobalt Landing PUD Phase 2 - (Amending Parcels A, B, and C Cobalt Landing PUD) 3579 South Redwood Road West Valley City Planning Commission July 31, 2019 Page 4 RM & C-2 Zones 27 Units & 2 Parcels BACKGROUND Mr. Ben Logue, representing the property owner, is requesting preliminary approval for the second phase of Cobalt Landing PUD. This application will also amend Parcels A, B, and C of the Cobalt Landing PUD. A portion of the subject property was recently rezoned from the C-2 Zone to the RM Zone. This zone change allows for an additional 27 residential units to be constructed to the west of recently completed town home units. The subject property is bordered on the north and south by commercial uses, and the east by the original Cobalt Landing PUD. 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 names.  The vacation of the existing sidewalk easement in favor of units 101-172 will necessitate a consent to record document from those persons already occupied within the Cobalt Landing PUD.  Revisions to plat required.  Flood control issues to be coordinated with Public Works and UDOT. Applicant: Ben Logue 1559 West 3860 South West Valley City, UT 84119 Motion: Commissioner McEwen moved to approve PUD-1-2019 subject to the ten conditions listed in the staff report. The motion was seconded by Commissioner Winters and passed unanimously. Vote: Commissioner Fuller Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Winters Yes Commissioner Wood Yes Unanimous – PUD-1-2019 – Approved West Valley City Planning Commission July 31, 2019 Page 5 ZSA-4-2019 201 Commerce Center Subdivision – No. 4 (Amending Parcel B 201 Commerce Center Subdivision No. 2) 2300 South Commerce Center Drive M Zone 1 Lot & 1 Parcel 45 Acres BACKGROUND: Steve Layton, representing DLM Development, is requesting final plat approval for the 201 Commerce Center Subdivision No. 4. This application will amend Parcel B of the 201 Commerce Center Subdivision No. 2 recorded in April 2013. The subject property is presently vacant and is located in the manufacturing zone. ISSUES: The proposed amended subdivision is being requested in order to divide the existing parcel into 1 lot with a remainder parcel. Lot 1 will be approximately 12 acres with the remainder parcel comprising approximately 33 acres. Access to the subdivision will be gained from Commerce Center Drive and from a new right-of-way having a coordinate of 2250 South. The street name for the new road is being coordinated with the County at this time. Commerce Center Drive provides connections with Links Drive to the south and with the 201 frontage road to the north. The Planning Commission reviewed a conditional use application in early July. The subdivision plat will need to be approved by the Planning Commission and City Council before a final sign off can be granted on the conditional use application. STAFF ALTERNATIVES: 1. Approve the 201 Commerce Center Subdivision No. 4 subject to a resolution of staff and agency comments. 2. Continue the application in order for the developer to address the Planning Commissions concerns. Applicant: Steve Layton 9090 South Sandy Parkway Sandy, UT 84070 Motion: Commissioner Winters moved to approve ZSA-4-2019. Seconded by Commissioner Porter, the motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes West Valley City Planning Commission July 31, 2019 Page 6 Chair Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – ZSA-4-2019 – Approved ZSA-5-2019 West Valley Truck Center Subdivision – Lots 13 and 17A Amended 5508 West 2400 South M Zone BACKGROUND James Warner, representing TruckPro L.C., is requesting a plat amendment for lots 13 and 17A in the West Valley Truck Center Subdivision. The proposed subdivision is intended to adjust the mutual property line separating these lots. The amended subdivision plat will also modify the location of existing public utility easement within these lots. STAFF/AGENCY CONCERNS: There are no staff or agency concerns with this application. ISSUES: The West Valley Truck Center Subdivision was recorded in 1998. The subdivision has been a great asset to the City and to businesses in the trucking industry. Lots platted in the original subdivision were to accommodate a variety of uses associated with the trucking industry. Although many of the original lots remain as platted, a few modifications have taken place over the years to accommodate changes within the subdivision and the trucking industry. The proposed change to lots 13 and 17A is relatively simple. The mutual property line separating these lots, along with the existing public utility easement, will move approximately 70 feet to the north. Lot 13 will decrease in size, but will maintain approximately 3.7 acres, while lot 17A will increase in size and will maintain just over 7 acres. The future business locating on lot 17A and currently under construction, has asked TruckPro for this modification. The increased lot size will provide for a better overall site design. The new lot 13A will continue to be used for overflow trailer parking for TruckPro. The existing public utility easement will be vacated and will be relocated along with the new property line. 1. STAFF ALTERNATIVES: A. Approval of the plat amendment. B. Continuance to allow for more discussion regarding the application. West Valley City Planning Commission July 31, 2019 Page 7 Applicant: Bart Warner 5396 West 2400 South West Valley City, UT 84120 Motion: Commissioner Fuller moved to approve ZSA-5-2019. Seconded by Commissioner Porter, the motion passed unanimously. Vote: Commissioner Fuller Yes Commissioner Lovato Yes Commissioner McEwen Yes Chair Meaders Yes Commissioner Porter Yes Commissioner Woodruff Yes Unanimous – ZSA-5-2019 – Approved Approval of Minutes from July 10, 2019 (Regular Meeting) Approved Approval of Minutes from July 17, 2019 (Study Meeting) Approved There being no further business, the meeting adjourned at 4:24 p.m. Respectfully submitted, _____________________________________ Brenda Turnblom, Administrative Assistant