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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 10/5/2017 MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE,AZ 85301 THURSDAY, OCTOBER 5,2017 6:00PM CALL TO ORDER The meeting was called to order at approximately 6:00 p.m. Commissioners Present: Commissioners Lenox, Crow, Harper, Moreno, Gallegos, and Vice Chairperson Hirsch, and Chairperson Dobbelaere. Commissioners Absent: None. City Staff Present: Tabitha Perry,Assistant Planning Director, James Gruber, Chief Deputy City Attorney, Paul Whalen, RLA/AICP, Senior Planner, Thomas Ritz, AICP, Senior Planner, Jeremy Underwood, Planner, and Diana Figueroa, Recording Secretary CITIZEN COMMENTS Chairperson Dobbelaere called for citizen comments. There were none. APPROVAL OF MINUTES Chairperson Dobbelaere called for a motion to approve the Minutes of the August 3,2017 Planning Commission Workshop. Commissioner Crow made a motion to approve the meeting minutes from the August 3,2017 Workshop. Commissioner Harper seconded the motion,which was approved unanimously. WITHDRAWALS AND CONTINUANCES - Chairperson Dobbelaere asked for Withdrawals and Continuances. Ms. Perry stated there were none. PUBLIC HEARING ITEMS Chairperson Dobbelaere called for the Public Hearing Items. CUP17-06: A request by Paul Devers with Cawley Architects, representing LDR-Camelback 95 LLC, for a Conditional Use Permit to allow for the SuperStar Car Wash in the C-2 (General Commercial) zoning district. The site is located near the northeast corner of 95th Avenue and Camelback Road (9450 West Camelback Avenue) and is in the Yucca District. Staff Contact: Paul Whalen, Senior Planner. October 5,2017 Planning Commission Minutes Page 2 Mr. Paul Whalen, RLA/AICP, Senior Planner, stated that this was a request by Paul Devers with Cawley Architects, representing LDR-Camelback 95 LLC, for a Conditional Use Permit to allow for a proposed self-serve car wash facility on an approximately 1.14-acre site located at the northeast corner of 95th Avenue and Camelback Road.This Conditional Use Permit(CUP)request is located in the Copper Falls PAD. He said the PAD defers to the City's C-2 zone district regulations which require CUP approval for the proposed self-serve car wash facility. He also noted the site is located in the Yucca District. Mr. Whalen stated that on July 31, 2017, the applicant mailed notification letters to adjacent property owners and interested parties. He said the applicant did not receive any response regarding the request. Planning did not receive any response regarding the request. Mr. Whalen stated this request appears to meet the required findings for Conditional Use Permit approval and should be approved, subject to the following stipulation: That the development shall be in substantial conformance with the CUP site plan, dated July 27, 2017, and the project narrative, received August 2, 2017, and subject to design review approval by the Development Services Department. Chairperson Dobbelaere called for the applicant's presentation. Mr. Paul Devers, Cawley Architects, applicant's representative, stated that Mr. Whalen covered most of the major points in his presentation. Therefore,he had nothing to add but will be happy to answer any questions from the Commissioners. Chairperson Dobbelaere asked if the Commission had any questions. There were none. Chairperson Dobbelaere opened the public hearing. With no one wishing to speak, the public hearing was closed. Chairperson Dobbelaere called for a motion. Vice Chairperson Hirsch made a motion to approve CUP17-06 subject to one stipulation listed in the staff report. Commissioner Lenox seconded the motion, which was approved unanimously with a vote of 7 to 0. Mr. Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. CUP17-08: A request by Benjamin Graff, Aday Graff PC, representing Goodwill, for a Conditional Use Permit to allow a thrift store in the C-2 (General Commercial) zoning district. The site is located at the southwest corner of 59th Avenue and the Loop 101 Freeway (6040 West Behrend Drive) and is in the Cholla District. Staff Contact: Thomas Ritz, AICP, Senior Planner. October 5,2017 Planning Commission Minutes Page 3 Mr. Thomas Ritz,AICP, Senior Planner,made staff's presentation. He stated this was a request by Benjamin Graff, Aday Graff PC, representing Goodwill, for a Conditional Use Permit (CUP) to allow a thrift store in the C-2 General Commercial zoning district. He said the property owner is seeking a CUP to allow a thrift store use for Goodwill. He explained this use will be conducted in an existing 24,000 square foot building within the Arrowhead Promenade shopping center that will be renovated to accommodate Goodwill. He noted the site is located at the southwest corner of 59th Avenue and the Loop 101 Freeway and is in the Cholla District. Mr. Ritz noted that on June 23, 2017, the applicant mailed notification letters to adjacent property owners, including owners of single-family homes to the south of the site outside of a 500-foot notification area, and interested parties notifying them of a neighborhood meeting to discuss their Conditional Use Permit proposal. On July 10, 2017, a neighborhood meeting was held at the Foothills Recreation and Aquatics Center. He stated that no citizens attended the meeting. He explained the property was annexed to the City of Glendale in 1979. The property was rezoned to C-2 in 1981 as part of the overall Arrowhead development. He noted the property is the subject of a development agreement adopted in 1999 as part of the development of this specific shopping center. The development agreement includes the following language which specifically prohibits businesses that sell "second hand goods" for the specific site: "However, the meaning of"second hand" shall mean stores which sell goods primarily as a service to the public rather than to a retail customer for a profit, such as by way of example, "Goodwill Stores" "Therefore, no zoning actions to permit a thrift store at this location can take effect until the development agreement is modified, vacated, or voided. He added the City of Glendale is working with the applicant to complete a modification of the development agreement. He explained that it is the desire of the applicant and the City of Glendale that the City Council not consider the modification of the development agreement until the Planning Commission has considered the Conditional Use Permit request for a thrift store. Additionally,he said the applicant also held an initial notification meeting on March 8,2017 at the Desert Sky Middle School. He noted the only citizen in attendance was the president of • Midwestern University and the applicant reported that they were able to answer all her questions. Staff has received no phone calls or e-mails concerning this request. He said no objections to this request were raised during the citizen review period. Mr. Ritz stated the Planning Commission should approve CUP17-08 subject to the stipulations contained in the staff report. Chairperson Dobbelaere asked if the Commission had questions. Commissioner Crow asked if they were opened on Sunday. Mr. Ritz said yes. Chairperson Dobbelaere called for the applicant's presentation. October 5,2017 Planning Commission Minutes Page 4 Mr. Ben Graff,Aday Graff,PC, applicant's representative,thanked staff for their presentation and the great working relationship they had on this project. He said he was very excited to review a few points worth mentioning regarding this project. He talked about the great rebranding that has occurred to the Goodwill trademark/brand that is now state of the art. He noted these stores are much different than the stores in the past. He stated he was glad to announce that they do not have any homes adjacent to this site, therefore, there will not be any direct impact to any homes. He said the site had been vacate for five years so this was a great opportunity for the area. He talked about their 35 second pick—up window policy. He explained that they do not sort, view, or store any items outside the store, and everything is brought internally He said the area was monitored 24/7 by a live camera. He explained that if a person leaves items after hours, the live person attending the camera will dispatch a truck to pick up the items within two hours, so that the area is clear. He would like to point out that they always hire local and put people to work as their work force development model. He reiterated that they are in agreement with all of staff's stipulations. Commissioner Gallegos asked about what type of Goodwill store this will model. Mr. Graff stated this store will model the retail use stores. Commissioner Gallegos asked what type of items are sold. Mr. Graff stated they typically sell 100 percent donated items, however, 5 or 10 percent was candy or other small items by the register. Vice Chairperson Hirsch asked if this store would be similar to the 51s`and Olive Avenues location as it relates to operational hours. Mr. Graff said yes. He added that operations procedures are consistent throughout all Arizona locations. Chairperson Dobbelaere opened the public hearing. Mr. Peter Hollingsaid, 1400 Rocky Ridge Drive, California, representing owner of the center spoke. He discussed that the square footage is a challenge with the decline in commercial centers. This property has been available and marketed for three years. He stated that Goodwill is a remarkable retailer and a great draw and are not considered from a"thrift store" perspective. He explained that without that revenue, the property doesn't support its mortgage. Additionally, without a Goodwill as a tenant there is a likelihood the property would go into foreclosure. Mr. Dan Kelt, Vice President of Retail for Goodwill, stated he has been employed by Goodwill Stores for 16 years employed. He said he is available for questions. Ms. Karen Mattson, 5230 West Rose Garden Lane, Glendale, resident and property owner of a small business in Glendale stated she is opposed to this request for the following reasons: She stated it violates the Development Agreement which specifically states no thrift stores or second- hand stores would be allowed. She read from the Development Agreement specifically noting the Goodwill stores. She said there were two other Goodwill stores in close proximity to this area. October 5,2017 Planning Commission Minutes Page 5 Mr. Sidney Hollander,5528 West Arrowhead Lakes Drive,Glendale,states he had three comments regarding the operations donation center. He had concerns with access. He said the north side of the shopping center shows no more than a 50-foot clearance from the Beardsley access road to the drop off and the traffic impact. His second concern was the promise of no outside storage of donations and how this could be neglected and lastly, believes the trash enclosure needs larger trash receptacles. Mr. Ronald Myers, 5238 West Potter Drive, Glendale, stated there is already a lot of traffic in the adjacent alley He is concerned of the potential increase in traffic if this donation center is allowed. He thanked the Commission for their time. Mr. Daniel McCarthy, Arrowhead Lakes Resident, 21648 North 55th Drive, stated this is a great business idea where you receive goods for free and sell them for money. He noted the crime statistics are increasing in Glendale, however, he is not stating the increased crime rate and this proposal are related. He spoke on how it has been difficult to have people frequent his business and he believes it was because of the proximity of the Goodwill store in the area. He is opposed to this request. Mr. Jeff Lee, Director of Real Estate for Goodwill, stated he was available for questions. Commissioner Crow asked if there were any statistics regarding property value impact to the surrounding areas to any Goodwill stores. Mr. Lee stated there is no correlation between a Goodwill Store moving in and home values. Mr. Lee added that regarding the concern of trash, there will be self-contained compactors located in a completely self-contained area. He continued by stating some concerns about the traffic behind the store. He said a small area would be widened to allow a better flow through the back of the store in order to accommodate a pullout for donations dropped off. With no one wishing to speak, Chairperson Dobbelaere closed the public hearing. Chairperson Dobbelaere asked if the applicant's representative had any closing comments. Mr. Graff reiterated there has been no correlation between a Goodwill Store moving in and a decrease in home values. However, in turn,they will be able to fill a vacancy that has been vacant for years. He said they had never seen a negative impact to neighborhoods. He talked about the new Goodwill model verses how it was in past years. He added that although they were not required to hold neighborhood meetings, they had two and increased their notification area. He stated their goal is to work with neighborhoods and hear their concerns. He added that they will be glad to meet with any resident that may have lingering concerns. He said that in terms of recycling, they were a leader in that area. He stated they meet all the requirements set forth by the city and request this application be approved. October 5,2017 Planning Commission Minutes Page 6 Commissioner Crow asked for information regarding the speaker's reference to violating the Development Agreement. Mr. Ritz explained the agreement was in violation as it was currently written. He noted the applicant has been working with staff to consider an amendment to the development agreement which will be forwarded to Council for approval Vice Chairperson Hirsch asked for verification regarding the current Development Agreement in place. Mr. Ritz explained the process which is outlined in staffs four stipulations. He stated it was the decision of Council to first bring this item to the Planning Commission for their recommendation. The application if approved, will not take effect until Council approves the amendment agreement and signed by all responsible parties. Vice Chairperson Hirsch suggested to add "non-binding" to this application. Mr. Ritz suggested to instead add "non-effective" as the language in this situation. Mr. Gruber clarified that the CUP contains a condition that says that the CUP is not effective until the City Council amends the development agreement. Commissioner Crow asked if the public has the opportunity to participate in any of those public hearings of the council. Mr. Ritz said yes, this is a public item on a City Council public hearing agenda. Chairperson Dobbelaere called for a motion. Commissioner Moreno made a motion to table CUP17-08. Commissioner Moreno stated he would like to table this item until they hear the decision from City Council. Ms. Perry explained the process regarding tabling, continuing, or denying this item. Commissioner Crow noted that as the application was written with the four stipulations, it covers Commissioner Moreno's concerns. Motion failed for lack of a second. Chairperson Dobbelaere called for a motion. Commissioner Gallegos made a motion to approve CUP17-08 subject to the four staff stipulations. Vice Chairperson Hirsch seconded the motion. Vice Chairperson Hirsch commented on a similar application for Goodwill at the Olive Avenue location. He noted that location was clean, well-managed, and by all appearances it was doing October 5,2017 Planning Commission Minutes Page 7 very well. He noted that Goodwill has done all that it promised. Therefore, he will support this application as a free-standing item. The motion was approved with a vote of 6 to 0 with Commissioner Lenox abstaining. Mr. Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. CUP17-09: A request by Gary Cassel with ClearBlue Services, representing T-Mobile, for a Conditional Use Permit to allow for a Wireless Communication Facility with a 65' monopole tower in the M-1 (Light Industrial) zoning district. The site is located at 7723 North 63rd Avenue and is in the Ocotillo District. Staff Contact: Paul Whalen, Senior Planner. Mr. Paul Whalen, RLA/AICP, Senior Planner, made staff's presentation. He stated this was a request by Gary Cassel with ClearBlue Services, representing T-Mobile, for a Conditional Use Permit (CUP) to allow for a Wireless Communication Facility with a 65' monopole tower in the M-1 Light Industrial zoning district. He said this request to approve a Conditional Use Permit for a stealth wireless communication monopole camouflaged as an artificial palm tree in the M-1 zoning district. He noted this proposal is allowed in the M-1 district only through a CUP review and approval. Mr. Whalen noted that on July 10, 2017, notification letters were mailed to adjacent property owners and interested parties. He said the applicant did not receive any response regarding concerns or issues with the request. Mr. Whalen stated this request appears to meet the required findings for Conditional Use Permit approval and should be approved, subject to stipulations. He said that Development shall be in substantial conformance with the applicant's narrative, date stamped July 10, 2017 and the applicant's revised materials, date stamped August 28, 2017. Also, no new chain link fences or gates shall be permitted. Further, that any new walls constructed shall be decorative masonry block. Finally, that all generators shall be located within a fully enclosed building or cabinet. Chairperson Dobbelaere had questions regarding the chain link fence. He asked if the existing chain link fence will remain. Mr. Whalen responded yes. Chairperson Dobbelaere asked about a decorative CMU wall. Mr. Whalen said a decorative masonry block wall will be constructed on the property. Chairperson Dobbelaere called for the applicant's presentation. Mr. Gary Cassel, ClearBlue Services, stated he agreed with staff's presentation. He thanked staff for their assistance in bringing this project forward. October 5,2017 Planning Commission Minutes Page 8 Chairperson Dobbelaere asked about the bearded palm tree. Mr. Cassel explained the purpose of the bearded palm. Chairperson Dobbelaere asked if there was room for one more collation. Mr. Cassel said yes. Chairperson Dobbelaere opened the public hearing. With no one wishing to speak, he closed the public hearing. Chairperson Dobbelaere called for a motion. Commissioner Moreno made a motion to approve CUP17-09 subject to the stipulations noted in the staff report. Commissioner Harper seconded the motion, which was approved unanimously with a vote of 7 to 0. James Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. CUP17-10: A request by Mike Hills, Level 4 Studio Architects, representing Dos Compadres Associates, for a Conditional Use Permit to allow a seven-dispenser Fry's fuel station within the C-2 (General Commercial) zoning district. The site is located west of the southwest corner of 67th Avenue and Bell Road (6815 West Bell Road) and is in the Sahuaro District. Staff Contact: Jeremy Underwood, Planner. Mr. Jeremy Underwood, Planner, made staff's presentation. He stated this was a request by Mike Hills, Level 4 Studio Architects, representing Dos Compadres Associates, for a Conditional Use Permit (CUP) to construct a new seven dispenser Fry's Fuel Center with a 43' x 126' canopy and an 8'x 29' pre-manufactured kiosk. He said this Conditional Use Permit request is in the C-2 General Commercial zoning district and would allow the use of a Convenience Use. He noted that due to the retail sale of gasoline,this use is defined as a Convenience Use in the Zoning Ordinance and requires an approved Conditional Use Permit for operation. He explained the proposed seven dispenser Fry's Fuel Center will encompass slightly less than one acre on the currently empty commercial pad. The new fuel station will share the undeveloped commercial pad space with a proposed Black Rock Coffee drive-thru to the east. The site does allow for adequate vehicular and pedestrian traffic flow and will coalesce with the existing commercial area once the sidewalk is added along the driveway from Bell Road. He stated the nearest Fry's grocery store to the fuel center is approximately %a mile to the east along Bell Road. Mr. Underwood noted that on September 8, 2017, the applicant mailed notification letters to adjacent property owners and interested parties. He said the applicant and staff received one response regarding the request. He explained the response was a complaint which was lodged by the owner of the gas station approximately 500' to the east of the subject site. October 5,2017 Planning Commission Minutes Page 9 Mr. Underwood stated this request appears to meet the required findings for Conditional Use Permit approval and should be approved, subject to the five stipulations as outlined in the staff report Chairperson Dobbelaere called for the applicant's presentation. Mr. Tom Grace,representing the owner, stated the owner has owned the pad for over 25 years. He explained that it has been tough the last couple of years since K-Mart went dark. Living Spaces is currently there and is doing well. He talked about other projects coming into that area. He noted this application was only for the pre-manufactured kiosk. Chairperson Dobbelaere commented on the many gas stations that have come and gone at that location. Chairperson Dobbelaere opened the public hearing. With no one wishing to speak, he closed the public hearing. Chairperson Dobbelaere called for a motion. Commissioner Harper made a motion to approve CUP17-10 subject to stipulations contained in the staff report. Vice Chairperson Hirsch seconded the motion, which was approved unanimously with a vote of 7 to 0. Mr. Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. CUP17-11: A request by Mike Hills, Level 4 Studio Architects, representing Dos Compadres Associates, for a Conditional Use Permit to allow a Black Rock Coffee shop with a tandem drive-thru within the C-2 (General Commercial) zoning district. The site is located west of the southwest corner of 67th Avenue and Bell Road (6805 West Bell Road) and is in the Sahuaro District. Staff Contact: Jeremy Underwood, Planner. Mr. Jeremy Underwood, Planner, made staffs presentation. He stated this is a request by Mike Hills, Level 4 Studio Architects, representing Dos Compadres Associates, for a Conditional Use Permit to construct a new Black Rock Coffee Shop with a 20' x 40' stand-alone structure with a tandem drive-thru configuration. He said this Conditional Use Permit request is in the C-2 General Commercial zoning district and would allow the use of a Convenience Use. He explained that due to the drive-thru, this use is defined as a Convenience Use in the Zoning Ordinance and requires an approved Conditional Use Permit for operation. Mr. Underwood stated the proposed Black Rock Coffee Shop will occupy just over half an acre on the currently empty commercial pad.The new drive-thru coffee shop will share the undeveloped October 5,2017 Planning Commission Minutes Page 10 commercial pad space with a proposed Fry's Fuel Station to the west. He noted that to maximize customer service for the coffee shop, the applicant is proposing a dual drive-thru at this location. The site does allow for adequate vehicular and pedestrian traffic flow. Mr. Underwood stated that on September 8, 2017, the applicant mailed notification letters to adjacent property owners and interested parties. He explained that neither the applicant nor the staff received any questions, comments, or concerns about the coffee shop proposal. Mr. Underwood stated this request appears to meet the required findings for Conditional Use Permit approval and should be approved, subject to the five stipulations as outlined in the staff report. Chairperson Dobbelaere called for the applicant's presentation. Mr. Tom Grace, representing the owner, stated he agreed with staffs presentation. He said this was an odd layout pad but were lucky to get this use considering all the development in that area. He said Black Rock Coffee Shop has a slick, upscale look. Chairperson Dobbelaere asked if there would be indoor seating. Mr. Grace said no. He stated it would be predominately a drive through. Chairperson Dobbelaere opened the public hearing. With no one wishing to speak, he closed the public hearing. Chairperson Dobbelaere called for a motion. Commissioner Lenox made a motion to approve CUP17-11 subject to stipulations contained in the staff report. Commissioner Crow seconded the motion, which was approved unanimously with a vote of 7 to 0. Mr. Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. OTHER BUSINESS FROM THE FLOOR Chairperson Dobbelaere asked if there was any Business From The Floor. There was none. PLANNING STAFF REPORT Chairperson Dobbelaere asked if there was a Planning Staff Report. There was none. COMMISSION COMMENTS AND SUGGESTIONS Chairperson Dobbelaere called for Comments and Suggestions. There was none. October 5,2017 Planning Commission Minutes Page 11 NEXT MEETING October 19, 2017 Planning Commission Workshop ADJOURNMENT With no further business, Chairperson Dobbelaere called for a motion to adjourn. Commissioner Harper made a motion to adjourn. Commissioner Lenox seconded the motion,which was approved with a vote of 7 to 0. The meeting was adjourned at 7.46 p.m.