I 2 3 4 5 6 Present: 7 8 9 10 11 12 13 15 16 17  Bountiful City Planning Commission  Approved Minutes August 4, 2020 6:30 p.m. Sharon Spratley Francisco Astorga Curtis Poole Clinton Drake Lloyd Cheney Darlene Baetz Bawden  Chair pro tem Commission Members Planning Director City Planner City Attorney City Engineer Recording Secretary  Jim Clark, Lynn Jacobs, and Councilwoman Kendalyn Harris  14 Excused Commission Members:  Sean Monson (chair), Jesse Bell (vice-chair), and Sam  18 Planning Director Astorga stated the chair and vice-chair have been excused and the meeting would need to 19 have a chair pro tem appointed for tonight only. There would be only four (4) Planning Commission 22 Councilwoman Harris made a motion to appoint Commissioner Spratley as chair pro tem. Jim Clark 23 seconded the motion. Voting passed 4-0 with Commission members Clark, Harris, Jacobs and Spratley  20 members which is enough for a quorum but each item would need a 4-0 vote to pass.  21  24 voting aye. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51  1. Welcome and Introductions.  Chair pro tem Spratley opened the meeting at 6:31 pm and welcomed all those present.  2. Approval of the minutes for July 7, 2020.  Councilwoman Harris made ai motion to approve the minutes for June 7, 2020 with two corrections. 1. Page 5 line 15 should read "Mr. Murri felt that this zone change felt more like a commercial 2. Page 5 line 26 should read "The Commission discussed only making changes to the sign code Commissioner Jacobs seconded the motion. Voting passed 4-0 with Commission members Clark,  zone change from the hospital zone.".  that would remove the maximum square. feet allowed for a wall sign."  Harris, Jacobs, and Spratley voting aye.  3. This item was considered out oforderfrom the agenda.  Consider approval in written form of a Conditional Use Permit to allow the building footprint of all accessory structures to exceed 10% and not exceed 15% of the lot at 329 East 1050 Commissioner Clark made a motion to approve in written form of a Conditional Use Permit to allow the building footprint of all accessory structures to exceed 10% and not exceed 15% oftl the lot at 329 East 1050 North. Commissioner Jacobs seconded the motion. Voting passed 4-0 with  North, Derk and Aneisa Phelps, applicants.  Commission members Clark, Harris, Jacobs, and Spratley voting aye.    Bountiful City Planning Commission Approved Minutes August 4, 2020 Page2of9  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46  4. PUBLIC HEARING - Consider forwarding a recommendation to the City Council to allow a Text Amendment for the Commercial Zone to allow an Indoor Entertainment/Firearm Range located at 535 S Main St, Bryan Green and Kristopher Jeppsen, applicants. Bryan Green and Kristopher Jeppsen, applicants and Chris Hart with Action Target were present. The Applicants, Bryan Green and Kristopher Jeppsen, have submitted a formal request to amend the Land Use Code to permit indoor shooting ranges in the commercial subzones as a Conditional Use Permit. The Applicants are in negotiations to purchase the old Rite Aid site, 535 South Main Street, with the purpose of redeveloping the site into a recreational indoor shooting range. The property is located in the C-G (General Commercial) subzone which currently does not permit The property is approximately 3.3 acres and consists ofthe old Rite Aid building and parking areas to the west. The property is bordered by the RM-19 (Multi-Family Residential) Zone to the south, the DN (Downtown) Zone to the north, RM-13 (Multi-Family Residential) Zone to the east and the C-G subzone to the west. There are existing commercial uses attached to the vacant Rite Aid building which would remain and are accessed from the north side of the property. The proposed facility would be similar to the TNT Gun Range in Murray. This proposal will change the exterior landscape and indoor with the possibility of a restaurant, lounge, and classroom facility. To consider this tonight, the change would include all of the Commercial zone, General Commercial (C-G) and Heavy Commercial (C-H) and not just this site. City Planner Poole showed the Commercial zone on the screen for the audience. Heavy Commercial zone allows for the indoor shooting ranges as a Conditional Use. The code for the existing Commercial zone does not have City Planner Poole discussed research done on other cities requirements for indoor shooting ranges. Farmington does allow for indoor shooting ranges with a conditional use in their commercial highway and commercial recreation zone. There is no guidance for Planning Commission decision. Kaysville does not allow outdoor shooting ranges within % mile ofi residential but does allow indoor ranges with a conditional use. There is no specific conditions outlined for the ranges. They do require the Conditional Use to be updated on a yearly basis. Murray has an existing business that is similar to the type of business that the applicants are proposing. Murray does permits the indoor ranges with a Conditional Use Permit in the manufacturing and commercial zone. West Valley permits indoor shooting ranges in most Commercial, mixed manufacturing and industrial zones without a conditional use permit. Staffinvestigated other states and found that Minnesota code had Staff is proposing that the Fire Arm/Shooting Range - Indoor code for the C-G zone would be to change the "N"t to a "C" which notes that a Conditional Use Permit is required. City Planner Poole A. An indoor shooting range is a target range used for shooting, or for any other use involving the discharge of handguns and/or rifles, which is open to the general public upon payment  City Planner Poole presented the staff report.  indoor or outdoor shooting ranges.  specific guidance to minimize of sound or traffic.  language that was used in the proposed code in the packet.  discussed the following proposed changes to this text amendment.  ofaf fee andi which is locatedwithin the confines ofa building.    Bountiful City Planning Commission Approved Minutes August 4, 2020 Page30 of9  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50  B. An indoor shooting range shall be approved as a conditional use in the C-H (Heavy Commercial) and C-G (General Commercial) Zones, and no other zone, by the Planning 1. The range shall conform to all federal, state and industry regulations and standards for health, safety, employment, firearm and ammunition storage, ventilation and noise 2. Material and construction shall be designed and certified to capture all firedrounds. 3. No ammunition shall be permitted to be fired that exceeds the certified design 4. No alcoholic beverages shall be. sold, consumed or permitted on the premises. 5. Minors shall not be permitted on the shooting range unless accompanied by an adult at 6. On-site supervision and monitoring shall be provided by the range operator in 7. An alarm system, cut wire protected, shall be provided. for general security of the 8. Other conditions imposed by the Planning Commission or City Council that is reasonably: necessary to mitigate the potential impacts to neighboring properties. In addition to the above conditions, the indoor shooting range shall provide a minimum of 1. A retail component for the sale of firearms, ammunition and other accessories related to firearms. Such facility shall comply with all licensing and operation requirements of the Federal Bureau of Alcohol, Tobacco and Firearms, State 2. Classroom facilities to be used for community education, public forums and seminars on D.A Any indoor shooting range. found in violation of the conditions ofapproval may be subject to a Staff recommends the Planning Commissioners forward a positive recommendation of approval to the City Council for an amendment to the Land Use Code to allow indoor shooting ranges to be permitted as a conditional use in the C-G (General Commercial) zone with the conditions as Commissioner Jacobs disclosed that he does live in the area of the proposed gun range site but felt The applicants, Bryan Green and Kris Jeppsen, and their consultant, Chris Hart with Action Target gave a presentation. Bryan spoke about the majority ofthe buyers of guns are first time gun owner and the applicants would like to provide the best training and education for both public and private. They would also like to contribute and give back to the City and would be able to enhance and revitalize the property that has been vacant for the last 3 years. He addressed issues for the military, law enforcement, sporting enthusiasts, and hunting citizens and this facility would bring these benefits to the community. They would like to create more destination traffic and an entertainment This facility would allow free police training and possible reduced noise complaints and fire due to bullets from Lions Club range. Plans for the restoration of this building would have light colors on the exterior and would update the landscaping on Main Street. There will be an increase in  Commission and shall meet all ofthe following conditions ofapproval:  abatement for indoor shooting ranges. specifications of the range.  all times.  addition to a credentialed qualifiedi range master at all times.  premises.  two (2) ofthe following:  Agencies and other regulatory organizations.  gun. safety and use. 3. A restaurant or dining component. revocation oft the conditional use permit.  outlined by staff.  that he could give an unbiased opinion.  facility and tol bring more: revenue to Bountiful.    Bountiful City Planning Commission Approved Minutes August 4,2020 Page 4of9  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47  community safety with the possible hiring off duty police officers in a high end environment. The facility will be a family friendly environment with a restaurant, child care, training courses, and community outreach. The interior would include private viewing areas, shooting lanes, air quality, Planning Director Astorga stated these types of facilities would need to provide 2 of the 3 conditions outlined in letter C. The applicants have proposed that all 3 of the conditions listed Mr. Hart stated that he has not done any studies for this area regarding property values but has  and restaurant.  under letter C would be provided.  spoken with other facilities about the increase oftheir property values. Chair pro tem Spratley opened the PUBLIC HEARING at 7:42 p.m.  Dean Collinwood (1694 Stoneridge Dr) stated that he owns the property at the corner of this area known as the Sessions Place. Mr. Collinwood objects to this proposal and feels that this would  devalue his property. His questions include:  Do other businesses have the right to object? Why does the entire area need tol be rezoned? What would the age range oft the customers? Would the entertainment center have video games? What are the hours of operation? Number of customers at the peak time? with the landscaping. What are the signage restrictions? harm the reputation of the City.  Believes that his property has aj parking agreement and an ease ofaccess that would interfere Indicated that the proposal would devalue his property and believes this business would Feels that this facility could be harmful to younger customers and the harm the reputation of Feels that the statement "decrease of noise" is incorrect and that it would increase the Could the applicant guarantee the safety as customers are going into the building with  the City.  number of people at the existing Lion Club Gun Range. Would customers be bringing guns into the store?  personal guns.  Questioned how many existing businesses would be affected. Questioned why the zone was like that to begin with. Question ift the business is the right business for taxi revenue for the City. Will his office be able tol hear the gun shots from his building?  Chair pro tem Spratley stated that the General Commercial zone (C-G) would still stay as a C-G zone but it is being proposed that the indoor gun range would be allowed in the C-G zone as a Casey Miller (2626 Edgehill Dr.) is a realtor and spoke of the opportunity for a commercial business to come into this area in a time where commercial businesses are failing and buildings are vacated. He is an avid shooter and has been at other shooting locations and stated that he would  Conditional Use Permit.    Bountiful City Planning Commission Approved Minutes August 4, 2020 Page5of9  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48  highly recommend this type of facility.  Carson Smith (Center Street) stated he is in favor of the range that would offer high quality proper training. He has seen unsafe practices areas up to the existing Lions shooting range and up Skyline Dr. He believes that would be a good opportunity for the zone change and to bring more business Derek Peterson (Center Street) stated that he would like to have a recreational facility in Bountiful Cherie Green (1651 East Viewcrest Dr.) believes that this business would be a good experience in a safe environment and this is very important to learn how to shoot and be safe with guns. Gordon Johnson (1229 East Center) is a local business owner in Bountiful. Mr. Johnson feels that this proposed indoor shooting range would be a great addition for education and feels that this Ken Green (1651 East Viewcrest Dr.) stated that he feels that this location would be a great mid- point for the industry and people's needs. He also stated the need for this property to be updated Nate Barton (450 East 2500 South) stated that "Guns are Dangerous" without proper education. He feels that this facility would be favorable in this area. Citizens need to be educated and this facility Alex Densley (443 Jeri Dr.) agrees that he would like to see a business go into this building. He questions if this proposed use may need to have more specific guidelines and feels that there may Rebecca Green (Pheasant Way) stated that the proposed facility would need to be a sizeable property and Bountiful City does not have many locations with the size of property needed for these types of facility. Gun sales have gone up and she feels that safe defense education is necessary Todd Jacowski (500 East and 2600 South) discussed this would be a possible high level shooting range and could be a possible help for the businesses and piggyback on the shooting range. He Kathleen McKonkie (1694 Stoneridge Dr.) is CO-owner of the building located in the parking lot as the proposed shooting range. She is opposed to this facility next to her business. She feels that her building isi in a Professional area and that this business is counter intuitive to what this area is. Mike Perry (1063 East Center St) is in favor of this type of business in this area and like the fact Aaron Everett (1188 East Center St) discussed the existing approval of this type of business in high traffic area in the Heavy Commercial area. He feels that the General Commercial area would be more acceptable area for this facility and would not be as high traffic. He is supportive of the  tol Main Street.  and this would be a good opportunity for training and safe education.  would be a great location.  and would be favor oft this change for the General Commercial zone: favor.  would give them this opportunity.  be more questions that need answers for these proposed changes.  especially for youth and first time owners.  believes that personal protection should be taught and likes a year round facility.  that it is easily accessible year round and have the education for gun owners.    Bountiful City Planning Commission Approved Minutes August 4, 2020 Page 6of9  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48  change to the code for C-G zone and likes the fact that the business would have an education Richard Green (Viewcrest) stated his support for bringing this type of business to this area which includes additional traffic and the revenue to existing businesses. He feels that this is an opportunity to Bountiful and this facility would be an upgrade to the site and would like to Kevin Picket (Center St) believes that this is a great opportunity for this building and the improvement of this area and bring business into Bountiful. He would like to make sure that the  program and training.  encourage the Commission to make it work.  sound and safety concerns are addressed.  Chair pro tem Spratley Closed the PUBLIC HEARING at 8:16j p.m.  Planning Director Astorga provided the following comments regarding questions brought up by the  public:  Businesses do not have the right to object at this meeting. The entire area is not being rezoned. The proposal is changing the land use code which would allow the opportunity to The applicant would be able to answer the age range, allowing video games, hours of operation, and number of customers allowed. These will be better answered at the Staff does not find that there will be any parking issues with this site for the proposal but a detailed analysis of the parking and access would be evaluated at the site plan meeting, which would also be used to analyze access, traffic, parking, and the parking easement. Signing restrictions will follow the existing allowed sign General Commercial (C-G) sign No data has been presented for devaluation of this business and the surrounding properties. There is no comment about the 2nd amendment for this use as entertainment shooting range. The retail for this facility is aj permitted use in this area. The facility would need to abide by Explained how zoning and land use text amendments are legislative items, and that someone in the past with the property authority legislated and made decisions for permitted and non-  have this use in this zone.  Conditional Use Permit setting.  requirements which is not being changed at this time.  any federal or state licensing requirements.  permitted uses.  Planning Director Astorga indicated that after consulting with the applicants they have no objection as to meeting with Mr. Collinwood to and his partners to address any questions they might have. Planning Director Astorga indicated that the Planning Department has received some calls about this site. Some have asked if self-storage units or residential would be allowed on this site. The City is not interested in allowing self-storage units as they are expressly prohibited through the city.    Bountiful City Planning Commission Approved Minutes August 4, 2020 Page7of9  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48  The City received plenty requests oft building residential development throughout the City. City Attorney Drake was asked by Planning Director Astorga to discuss a previous personal experience with the approval of shooting ranges in the northern part ofUtah. City Attorney Drake indicated that the facilities were. located against residential and commercial areas. He stated that he could not hear any shooting noise or any fumes ifhe was not in the shooting area. He observed the facility during the regular sounds ofthe day and not past 10:00 p.m. His experience is solely based Mr. Hart spoke about sound and ventilation. The applicant will comply with the City noise ordinance and will have this tested. The applicant will be building a bunker and have double walls inside the proposed facility and willl be quieter than new builds. The proposed shooting ranges have fans and are ventilated with HEPA filters. The air returning to the outside is cleaner than the air that is coming into the facility. The applicant has chosen to choose green ammo recycling. They Chair pro tem Spratley asked the applicant if they had looked for a property in the C-H zone. This zone amendment is for the entire C-G zone. The applicant did look in the Heavy Commercial zone but stated that the zone did not have any locations that would work for their project. City Attorney Drake stated that this zone amendment would be applied for the entire zone and staff has recommended requiring the Conditional Use Permit for this zone would allow for the Commission Commissioner Clark stated that he feels the applicant has a great business model but he is not convinced that this is the right location for this business. All of his questions have been answered but is concerned that 3 ofthe Planning Commissioners are excused from this meeting. Commissioner Jacobs discussed that this change affects the entire zone for the city. Councilwoman Harris feels that this zone amendment would limit the location for this type of business due to the lot size needed for this type of business. She feels that this type of business would bring people to Bountiful and that the details would be worked out with the Conditional Use Permit process. Commissioner Jacobs stated the all oft the proposed uses of the facility are permitted except for the Planning Director Astorga discussed additional language that could be discussed with a minimum lot size of at least 3 acres or a minimum square footage. This code text amendment request was Commissioner Jacobs thanked the public for coming and for all the comments that were brought forward. He asked Planning Director Astorga if the public hearing could be reopened if this meeting was tabled. Planning Director Astorga stated that would be up to the Planning Councilwoman Harris made a motion to forward a favorable recommendation to the City Council for this text amendment. Commissioner Jacobs seconded the motion. Voting was 3-1 with Commission members Harris, Jacobs and Spratley voting aye and Commissioner Clark voting nay.  as an anecdotal account and is not scientific by any means.  will have all the ammunition collected and recycled.  member toi impose different conditions on different sites.  shooting range. The sale of guns is currently allowed in this area.  initiated from a private owner and not the City.  Commission members.  The motion did not pass.  City Attorney Drake gave options for the Commission members voting.    Bountiful City Planning Commission Approved Minutes August 4, 2020 Page 8 of9  2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48  1. Make a second motion which could include a motion to table this item to a future date. 2. More Discussion if the Commission members think they could have a conclusion  tonight.  3. Information for staff and applicants to bring to next meeting.  The City Council will still have the opportunity to hear this and will be the ultimate body that would vote and approve or deny this zone amendment. Bountiful City code 14-2-103-4 states "No official business shall be conducted by the Planning Commission unless a quorum of its members is present. Four (4) members of the Planning Commission shall constitute a quorum. Any action taken shall require a minimum offour (4). yes votes from members of the Planning Commission, unless otherwise prescribed by law." And 14-2-103-10a. "The Planning Commission shall report, either verbally or in writing, its official acts and recommendations to the City Council. Any member of the Planning Commission may also make a concurring or dissenting report of Commissioner Clark made a motion to table (continue) this item. No second was made from City Attorney Drake stated that if this item is tabled that he strongly recommends the missing Planning Commissioners listen to the meeting and public comments that were made here tonight. He also suggests that Commissioners task staff with any information or answers they feel that City Attorney Drake stated that the City Council feels that the Planning Commission Members are on the board for a reason and have a wealth of knowledge and experience and the City Council members do respect and listen to the recommendations from the Planning Commissioners. Commissioner Jacobs made a motion to table (continue) this meeting to the next meeting on August 18, 2020 with the request that staff present more information about the criteria of possible lot in the City that would fit within the 3 acre conditions and the possible valuation of how properties values near the gun range. Commissioner Clark seconded the motion. Voting was 4-0 with Commission Both City Attorney Drake and Planning Director Astorga acknowledged that compiling property values would be difficult to accomplish due to recent market trends. Planning Director Astorga stated a provision in the Bountiful City code that talks about zoning map amendments and land use code amendments which reads "Failure on the Planning Commission to make ai recommendation to the City Council within 30 days after hearing the petition shall be deemed to constitute approval of such proposed amendment or change that should then be passed on to City Council for appropriate action." That simply implies that if the Planning Commission takes too long the issue will go Mr. Green asked the Commission members to give the applicant any and all information, concerns, or requirements that they should bring forward and address at the next Planning Commission. He feels that Bountiful is a city that cares about their businesses and would appreciate an opportunity to  recommendation to the City Council."  Commission members.  would be needed for the next meeting.  members Clark, Harris, Jacobs, and Spratley voting aye.  forward to City Council.  address any questions or concerns.    Bountiful City Planning Commission Approved Minutes August 4, 2020 Page 9of9  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16  5. Planning Director's report, review of pending applications and miscellaneous business.  a. Accessory Dwelling Unit Discussion - Planning Director Astorga stated a text amendment will be coming to a future Planning Commission meeting and asked that the Commission member look over the Bountiful City Code ADU section and become acquainted with it. b. Training Video (Time Permitting) - No video was presented due to the length of the Chair pro tem Spratley ascertained there were no other items to discuss. The meeting was  meeting.  adjourned at 9:10 p.m.  Sharon Spratley Hun Planning Commission  e