West Valley City Planning Commission Minutes
January 14, 2004


January 14, 2004

The meeting was called to order at 4:03 p.m. by Chairman Harold Woodruff at 3600 Constitution Boulevard, West Valley City, Utah.


Harold Woodruff, Paul Nixon, Brent Fuller, Jack Matheson, Karen Lang, Terri Mills, and Mario Cisneros


John Janson, Kevin Hooper, Steve Pastorik, Jody Knapp, and Lori Cannon


Nicole Cottle, Asst. City Atty.


Approximately eight (8) people were in the audience.


Atlantis Burger
7134 West 3500 South
Restaurant speaker
C-2 Zone (.74 Acres)

Ms. Jody Knapp presented the application.


The following application was continued from the previous meeting to allow time for the business owner to prepare detailed plans including order board design and noise levels to justify the altering of the original conditions of approval.

The applicant, Donna Katsanevakis, is requesting an amendment to the conditions of approval for C-27-95 regarding the use of an outdoor menu speaker. The zoning for this area is C-2. General Commercial and the West Valley City General Plan anticipates General Commercial (GC) for this area. The surrounding zone to the south and west is also C-2, there is R-1-8 to the north, and R-1-10/A to the east. The surrounding uses include a gas station/car wash to the west, a commercial strip center to the south and residential to the north and east.

• When the Planning Commission originally approved the Conditional Use in July 27, 1995, the proposal included a menu sign with no order taking facility associated with the menu sign. Orders were to be placed with restaurant employee’s directly at the drive-up window. This was proposed in order to address concerns of the residential neighbors to the north.

• Atlantis Burgers has recently opened operations at this location. The business owner, contractor and sign contractor received a copy of the original conditions of approval. However, a speaker was then installed for the order board. Once complaints were received from the neighbors, they installed a telephone at the speaker location as a temporary solution. There were several problems with using the telephone system and some customers refused to touch the phone, so that alternative has been discontinued.

• The original layout of this property offered challenges as it was not as deep off of 3500 S. compared to other fast food restaurants. The shallow depth restricted the typical vehicle circulation patterns and forced the unique design that was constructed. Along with the restricted circulation patterns, the separation for the menu board from the residential uses was also reduced. The issue of close proximity to the residential neighbors and impacts of noise generated by fast food drive up order boards was the reason the original restriction was placed on the approval. A noise generator that is beyond the control of the business owner is the customers and their car stereos. Other issues were raised such as lighting and the height of walls, but they appear to have been resolved.

• This current proposal is to amend the original conditional use approval to permit a speaker at the menu/order board. Attached is a letter from Donna Katsanevakis, indicating their request to install an order taking speaker adjacent to the menu board. The business owners have indicated they do have a volume control on the speaker and can regulate the volume. A copy of the sound meter results taken by the Planning Staff, as well as a letter from the installation technician are also attached.

• A cover to the menu/order board has also been discussed. Alternatives such as moving the order board to another location was reviewed. They feel vehicle stacking will be compromised if the current location is not used.

Applicant: Favored: Opposed:
Donna Katsanevakis Tony Thimakis Lila Gull
4672 Deercreek Rd. 3367 S. Crestbrook Ln. 7119 Tenway Dr.

Discussion: Commissioner Fuller verified that the sound test results were well within the City’s ordinance. Jody Knapp assured the test results were within the City’s requirements for noise. Ms. Katsanevakis explained why the business is applying for a speaker phone. She said a technician had worked on the speaker phone and created noise levels so that the neighbors should not hear customers ordering. Ms. Katsanevakis reminded the Commission the hours of operation are from 10:00 a.m. to 10:00 p.m., which are not late into the evening. She has had a chance to review the noise tests completed by Jody Knapp and believes the noise level is well within the City’s limits. Chairman Woodruff asked if employees and management of the business would be trained on the speaker system, such as talking normally, and the proper distance and level for speaking into the microphone. Ms. Katsanevakis assured employees and management would be trained for proper use of the system. Mr. Tony Thimakis is the electrical technician who installed the new speaker phone for the business. He explained that he put an audio and volume control in the speaker box to accommodate the City’s sound ordinance. Mr. Thimakis indicated the volume could only be changed by taking apart the speaker’s pedestal. Commissioner Nixon noted that if this application is approved, management should not be allowed to increase the volume. Mr. Thimakis said a resister inline could be added to ensure the volume would not be increased. Commissioner Cisneros asked how much more volume is created when customers lean toward and up next to the speaker. Mr. Thimakis replied that there is a small difference, but Jody did not measure the volume when very close to the speaker. Commissioner Nixon noted that kids tend to yell into speakers, and that management should monitor these issues carefully. Ms. Lila Gull told the Commission that her home is only 50-feet from the speaker. She asked what would stop the applicant from manually increasing the volume of the speaker, or replacing the speaker with a louder one if the existing speaker became inoperable. Ms. Gull would like the speaker moved to a different location so that she would not be able to hear customers ordering. Ms. Katsanevakis showed the Commission an areal photo of the business, and explained that 3500 South would create difficulty hearing the customer’s orders due to traffic. She reminded that Jody had tested the speaker and the noise from the speaker is not over the City’s limits. Ms. Gull explained that at the last Planning Commission Public Hearing, the Commission asked the applicant to work with the neighbors. She said the applicant did not contact the neighbors to resolve the problem, and she does not want a speaker in her back yard. Commissioner Lang indicated she lives behind businesses on 3500 South, and part of her life is dealing with the noise from the businesses. She believes her family hears more noise from their neighbor’s boom box than from the businesses located behind her home. Commissioner Lang stated if the noise level is as what was reported by Jody Knapp, than the noise is not extremely loud. Commissioner Mills asked what the stacking of cars was like on a typical day. Ms. Katsanevakis answered approximately four or five cars. Chairman Woodruff asked when the peak time of business occurred. Ms. Katsanevakis replied it was at night, between 6:00 p.m. and 8:00 p.m. Chairman Woodruff suggested the application be approved for six months, if it doesn’t violate the City’s noise ordinance. He further indicated the Planning Commission does not have grounds to say the speaker is not appropriate. Commissioner Nixon believes Atlantis Burger will be a good neighbor knowing their neighbors are watching them. Commissioner Matheson believes the speaker was at the best location, and should not be moved, as the current location creates minimum stacking without adding traffic congestion onto 3500 South. Commissioner Mills was concerned that the original approval for this property did not allow a speaker phone, and by approving this application, they may increase or create additional nuisances. She explained that the only change has been the ownership, and she asked if the surrounding areas had changed since the original approval. Commissioner Mills indicated the original approval was in consideration of nearby neighbors, and businesses should be considerate of neighbors. Commissioner Cisneros noted there is a different business at this location now, and since it is a fast food restaurant, a speaker is needed. Commissioner Mills said she was not convinced the speaker needed to be at that specific location. Commissioner Matheson and Fuller believe the speaker is located at the best location. Commissioner Cisneros indicated the noise was not a nuisance, as the noise has not been determined to be unreasonably loud.

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

Motion: Commissioner Fuller moved for approval of the conditional use for Atlantis Burgers, a fast food restaurant 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. Designing the speaker with a volume control set to no more than 75 decibels which will limit the noise from being heard at the property line. The sound level will be measured approximately two feet from the speaker.

2. The speaker use shall be reviewed again in six months during a Planning Commission Study Session. Two unannounced tests will be performed during the summer peak hours. If the sound test does not meet the City’s decibel requirements, the applicant will be required to return to the Planning Commission for review.

Seconded by Commissioner Lang.

Roll call vote:
Commissioner Cisneros Yes
Commissioner Fuller Yes
Commissioner Lang Yes
Commissioner Matheson Yes
Commissioner Mills No
Commissioner Nixon Yes
Chairman Woodruff Yes

Majority - Application C-55-2003 - Approved


Marc Fletcher
3953 South 4000 West
Zone Change from A to R-1-8
1.1 Acres

Mr. Steve Pastorik presented the application.

Marc Fletcher has submitted a zone change application for a parcel at 3953 South 4000 West. This 1.1 acre parcel is currently zoned A (agriculture), with a General Plan land use classification of low density residential. Mr. Fletcher is requesting an R-1-8 zone (single family residential with a minimum lot size of 8,000 square feet).

The subject property already has one single family home that was constructed in 1941. Surrounding zones include A to the north and south, R-1-7 to the east and R-1-8 on the west. The property is surrounded by single family homes.

Development Proposal
The applicant is requesting this zone change to develop a 4-lot subdivision. The submitted conceptual subdivision layout shows four lots designed around a cul-de-sac. As discussed in the Planning Commission Study Session, a double flag lot design may be preferred over the cul-de-sac.

Attached to this analysis is a letter from the applicant addressing why the property should be rezoned.

Housing Quality
Section 7-14-105 (3)(k)(iii) of the West Valley City zoning ordinance states:

"All new subdivisions involving a rezone of property, or a PUD, shall participate in a development agreement that addresses housing size, quality, exterior finish materials, streetscapes, landscaping, etc. As part of a development agreement, if homes are permitted with less than 1500 square feet of finished floor space, the quality of the home and the amount of masonry exterior finish materials shall be increased. For the entire subdivision, the average shall be at least 1500 square feet."

In the three elevations submitted by the applicant, the houses are 1,587, 1,562 and 1,530 square feet with an average size of 1,560 square feet. The applicant has indicated that he plans to use at least 35% masonry on the home exteriors.

Marc Fletcher
77 N. ‘P’ Street

Mr. Marc Fletcher informed the Commission he has met with Steve Pastorik for many months regarding this property. Last year, he had an application before the Planning Commission, but the Commission wanted larger lots (R-1-8) rather than the smaller lots he was planning. Mr. Fletcher explained he now has a subdivision layout that should meet City requirements. He is proposing rambler homes of approximately 1,550 sq. ft. in size, stating these homes would be larger than most homes in the area. Mr. Fletcher has discussed the subdivision layout with the City Engineers, and determined a flag lot would work best, serving the land better. Commissioner Nixon summarized that the applicant’s plans would create a private road, and snow removal would be up to the individuals living on this private road. Mr. Fletcher acknowledged that the road would be private, and is 90-feet long X 26-feet. Commissioner Mills asked if a curb would be installed, and was told a curb is not required on a private road. Commissioner Lang inquired if full basements would be included. Mr. Fletcher replied that a soils report has not yet been completed, and he is waiting for the zone change approval prior to determining if basements are possible. Commissioner Lang wondered if individuals would be able to request a specific home style. Mr. Fletcher explained that the homeowner is the boss, and they would be able to decide the type of home they want. Commissioner Nixon asked if Mr. Fletcher was the builder. Mr. Fletcher replied that he was the developer, and that he has a couple of builders in mind for this subdivision. Commissioner Nixon asked if money is saved by placing a garage in front of the home. Mr. Fletcher answered that it is cost effective to have the homes look similar.

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 ‘R-1-8' subject to the following:

1. Approval of the zone change to R-1-8 subject to a development agreement specifying minimum house sizes, architectural features and exterior finish materials.

2. Any homes under 1,500 sq. ft. will be 100% masonry.

3. Homes without basements shall be increased 20% in size (18,000 sq. ft. minimum).

4. Homes shall have porches of at least 6-foot x 10-foot in size.

Seconded by Commissioner Lang

Roll call vote:
Commissioner Cisneros Yes
Commissioner Fuller Yes
Commissioner Lang Yes
Commissioner Matheson Yes
Commissioner Mills Yes
Commissioner Nixon Yes
Chairman Woodruff Yes

Unanimous - Application Z-20-2003 - Approved


Approval of minutes from December 10, 2003 (Regular Meeting)
Approval of minutes from January 7, 2004 (Study Session)

There being no further business, the meeting adjourned at 4:45 p.m.

Respectfully submitted,

Lori Cannon, Administrative Assistant