Planning Commission Public Hearing

WEST VALLEY CITY PLANNING COMMISSION MINUTES September 22, 2021 The meeting was called to order at 4:00 p.m. by Chair Meaders in the City Council Chambers at West Valley City Hall 3600 Constitution Boulevard, West Valley City, UT 84119, and using Zoom at https://zoom.us/j/95328405803. WEST VALLEY CITY PLANNING COMMISSION MEMBERS David McEwen, Clover Meaders, Brent Fuller, Mathew Lovato, Darrick Porter, Martell Winters, Cindy Wood, and Harold Woodruff ABSENT Harold Woodruff WEST VALLEY CITY PLANNING DIVISION STAFF Steve Pastorik, Steve Lehman, Brock Anderson, Jody Knapp, and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were 2 people in the audience. ZT-5-2021 Petersen Staggs Architects, LLP The applicant, Petersen Staggs Architects, LLP, has requested a proposed amendment to Section 7-14-404 of the West Valley City Municipal Code, Use Limitations in the 5600 West Overlay Zone. Fast food establishments with drive-through windows are currently allowed in the C-2, C-3, M and MXD zones. The following overlay zones restrict fast food establishments with drive-up windows: • Decker Lake Station Overlay Zone - Established in 1996 - Prohibited • Jordan River Overlay Zone - Established in 1998 - Prohibited • 5600 West Overlay Zone – Established in 2004, amended in 2012 – Allowed under certain conditions The 5600 West Overlay limits the amount of fast food establishments allowed in a building with a drive-through as follows: 7-14-404 USE LIMITATIONS (3) Fast Food Establishments with drive-up windows unless the following conditions are met: a. The Fast Food Establishment shall be part of a multi-tenant Building with only one drive-through. b. 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. c. The view of the drive-through area from the Street shall be minimized through Landscaping, berming, and/or other screening. d. The drive-up window shall be placed on the side or rear of the multi-tenant Building. e. The drive-up window shall comply with the Drive-Through Window Standards in Section 7-11-314. The applicant would like to remove the square footage requirement, item (b.), from above to allow more flexibility of tenants in the 5600 West Overlay as indicated in the attached request. Staff Alternatives: 1. Approval of the proposed ordinance amendment. 2. Continuance, to allow for the resolution of any issues raised at the public hearing or to allow time for the applicant to revise the proposed regulations in the ordinance amendment. 3. Denial, the current Ordinance requirements are adequate, and this amendment is not  appropriate at this time. Discussion: Jody Knapp presented the application. During the study meeting last week, Jody stated that there were questions about what defines a fast-food establishment, so she included the definition in her presentation. She explained that the applicant is proposing a text change regarding the 5600 West Overlay Zone requirements and not the definition of a fast-food establishment. Greg Goins, representing WinCo, said that Petersen Staggs Architects, LLP is actually representing WinCo in this proposal. Mr. Goins explained that since the COVID pandemic, the food user had become the predominant small shop user. He said that these three tenants would be a benefit to West Valley City and WinCo. Motion: Commissioner Wood motioned to approve ZT-5-2021 subject to the staff report. Commissioner Lovato seconded the motion. Vote: Commissioner McEwen Yes Commissioner Wood Yes Commissioner Fuller Yes Commissioner Winters Yes Commissioner Lovato Yes Commissioner Porter Yes Chairperson Meaders Yes Unanimously – ZT-5-2021 – Approved CA-8-2021 T-Mobile (Declan Murphy) 2305 S. 1070 W. B/RP Zone (6.71 Acres) T-Mobile is requesting a conditional use amendment for an expansion of roof mounted antennas at 2305 South 1070 West. This property is zoned business research park (B/RP) and the West Valley City General Plan designates this area as a Business Park. The surrounding zone is B/RP on all sides with the Jordan River as the eastern most boundary of the property. This site was originally approved in March 2015 under C-18-15 for three antennas on separate tri-pod mounts. In 2016 (C-52-16), the site was expanded to 3 ballast mounts with 2 antennas per sector for a total of 6 antennas. T-Mobile would like to expand the facility again and proposes two ballast mount sectors with 3 antennas each but the third sector will be split into 3 separate tri-pod mounts like the original design, for a total of 9 antennas. This design modification is due to structural issues with the roof at this location. These antennas will be located in the same spot as the previous mounts and set back 10’ from the edge of the building and will be 10’ tall, which complies with the location standards set forth is section 7-7-400p of the WVC Municipal Code. As previously required, the antennas will be painted brown to match the building. T-Mobile has not proposed to add any screen type structure around the antennas due to the flat design of the roof and the spacing of the different sectors. Because of the poor coverage in the area, the previous tenant in the building initially utilized an interior T-Mobile network to boost their service until this external macro-site was installed. The new antennas will update the technology at the site and broadcast a different radio frequency than what is currently at the site which enables for better cell service and faster download speeds for this area. Any equipment changes necessary will be located in the existing screened fenced equipment area located adjacent to the building. A generator is not proposed for this site. Staff Alternatives:  Approval, subject to the resolution of any issues raised at the public hearing and the following conditions: 1. The antennas shall be installed per the approved plans and in accordance with Chapter 7-7-400p of the WVC Municipal Code. 2. The antennas shall be painted to match the colors of the existing building. 3. The supporting equipment shall be located in a screened enclosed area per the approved plans. 4. Must comply with all other relevant requirements set forth from applicable department and agencies.  Continuance, to allow for the resolution of any issues raised at the public hearing. Discussion: Jody Knapp presented the application. She explained that one requirement would be for the antennas to be painted brown, and the applicant will be reminded of that requirement. Motion: Commissioner McEwen motioned to approve CA-8-2021 subject to the four staff alternatives. Commissioner Fuller seconded the motion.  Vote: Commissioner McEwen Yes Commissioner Wood Yes Commissioner Fuller Yes Commissioner Winters Yes Commissioner Lovato Yes Commissioner Porter Yes Chairperson Meaders Yes Unanimously – CA-8-2021 – Approved PLANNING COMMISSION BUSINESS Approval of Minutes from August 4, 2021 Study Meeting Approval of Minutes from August 11, 2021 Regular Meeting Motion: Commissioner Fuller motioned to approve the minutes from August 4, 2021 and August 11, 2021. Commissioner Lovato seconded the motion. Vote: Commissioner McEwen Yes Commissioner Wood Yes Commissioner Fuller Yes Commissioner Winters Yes Commissioner Lovato Yes Commissioner Porter Yes Chairperson Meaders Yes Unanimously – Meeting Minutes – Approved There being no further business, the meeting adjourned at 4:13 p.m. Respectfully submitted, Kirsten Hunt, Administrative Assistant