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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 8/5/2004 • MEETING MINUTES CITY OF GLENDALE PLANNING COMMISSION GLENDALE COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY, AUGUST 5, 2004 7:00PM COMMISSIONERS PRESENT: Ernie Arce Bob Bohart Daniel Drew Mickey Lund Henry Maynard Richard Schwartz Rod Beal, Vice Chairperson CITY STAFF: Jim May, AICP, Planning Manager Horatio Skeete,Deputy City Manager Craig Tindall, Deputy City Attorney John Verdugo, Planner Diana Castro, Recording Secretary Vice-Chairperson Beal stated the Planning Commission is a citizen body whose members are appointed by the City Council. The Commission is empowered to make final decisions on certain matters, with those decisions being appealable to the City Council. On other matters, the Commission acts in an advisory capacity to the Council,which makes the final decision. As the first order of business, Vice-Chairperson Beal took roll call and asked that the record reflect all Commissioners were present. Vice-Chairperson Beal dispensed with the reading of the minutes of the June 3, 2004 regular meeting, July 8, 2004 workshop and July 15, 2004 regular meeting. Commissioner Bohart MADE a MOTION to APPROVE the minutes of the June 3, 2004, and July 15,2004 regular meetings. Commissioner Lund SECONDED the MOTION. PLANNING COMMISSION MINUTES August 5,2004 The July 8, 2004 workshop minutes will be reviewed by Planning Department staff and considered for approval at a future Planning Commission meeting. Vice-Chairperson Beal called for Business from the Floor. There was none. Vice-Chairperson Beal asked staff if there were any requests for withdrawals or continuances. There were none. Vice-Chairperson Beal called for the Public Hearing Items. APPLICATION NO.: ZON04-12 REQUEST: A request by Mr. Mike Taylor for Speed Indoor Racing, to approve a Special Use District overlay to permit an indoor kart racing and amusement facility in a C-2 (General Commercial) zoning district. The site is 3.06 acres located on the north side of Bell Road approximately 560 feet east of 67th Avenue(6542 West Bell Road). Staff Contact: John R. Verdugo (Sahuaro District). Mr. John Verdugo, Planner, presented the application. He said the proposed Special Use District overlay should be approved, subject to the nine stipulations set forth in the staff report and a tenth stipulation regarding wall signage. Commissioner Bohart asked if there is any way the applicant could have an outdoor racetrack if the proposed Special Use District overlay is approved. Mr. Verdugo responded no. Commissioner Maynard asked if the alley in the back is paved. Mr. Verdugo said the alley has a gravel surface; noting, however, the surface has deteriorated as a result of the U-Haul Store's use of the alley. Commissioner Drew asked if the exhaust will be filtered prior to its discharge. Mr. Verdugo deferred Commissioner Drew's question to the applicant. Commissioner Drew asked if the engines are two-cycle or four-cycle. Mr. Verdugo stated the engines are 200 ccs, 6.5 horsepower and two cycle. Mr. William Mulder, Applicant's representative, stated motor sports is the fastest growing spectator sport in the world. He said the corporate market is their target market, explaining they intend to provide a place to hold seminars,present products and facilitate team building. He said they do a lot of charity events and the business offers a clean, safe environment that helps bring the community together. He said he and his partner have more experience in this type of business than anyone else in the United States, noting they have opened 14 such facilities across the country. 134 PLANNING COMMISSION MINUTES August 5,2004 In response to Commissioner Drew's previous questions, Mr. Mulder clarified the engines are four stroke. He said the exhaust systems are filtered through catalytic converters on each kart, which have been shown to reduce up to 98 percent of the carbon monoxide produced by the motor. Commissioner Drew asked if the air from the building itself will be filtered. Mr. Mulder responded no. Commissioner Bohart asked Mr. Mulder if they are regulated by the EPA. Mr. Mulder answered yes, explaining their other locations have been given the same classification as a parking garage with ventilation requirements based on the size of the building and emissions of the karts. Commissioner Lund asked if age limits are imposed on using the karts. Mr. Mulder stated only those 16 or older will be allowed to drive the karts, noting parental consent will be required for those between the ages of 16 and 18. He said the facility will be open to the general public when they do not have corporate bookings. He stated their average customers are male, between the ages of 25 and 45. He said the higher prices they charge help ensure undesirable elements are kept out of the business. Commissioner Lund asked how they track how long a kart is in use. Mr. Mulder explained each lap of each kart is timed and, once a kart's time is up, the race marshals flag the kart in. Commissioner Schwartz asked Mr. Mulder if they have other tracks in the valley. Mr. Mulder responded no, noting, however, two other companies have similar tracks in the valley. Commissioner Schwartz referred to letters the Planning Department received from residents in the area, stating one of the primary concerns was that teenagers will transfer their driving experience in the building out onto the streets. He asked if the price is intended to dissuade teenagers from using the facility. Mr. Mulder said a 10-minute training session on a kart will cost $20. He pointed out drivers are usually quite tired after racing the cars. He stated speed bumps located on the property will also help deter fast driving when leaving the property. Commissioner Schwartz asked if the alley access could be eliminated. Mr. Mulder said the business would not suffer from the loss of the alleyway; however, the fire department has indicated opposition to blocking the alleyway since it is one of their accesses to the building. Mr. May said staff felt the alley should be used to get some traffic out onto 67th Avenue. He stated, however, the alleyway could be secured after closing or blocked during certain times of the day with key access available for the fire department. Commissioner Schwartz said the alley also seems to be of concern to residents in the area. Commissioner Schwartz asked what percentage of the anticipated clientele is expected to be less than 20 years of age. Mr. Mulder said,based on the weekend clientele at other facilities, they expect 25 to 30 percent to be teenagers. Commissioner Schwartz asked how often corporations book the track on Friday or Saturday nights. Mr. Mulder said they typically schedule corporate clients during the week. Commissioner Drew asked if the entrance off 67th Avenue is classified as an alley. Mr. May said the driveway is a publicly dedicated access easement and, therefore, qualifies as an alley. Commissioner Drew pointed out the Residential Design and Development Manual states an alley 135 PLANNING COMMISSION MINUTES August 5,2004 is a service roadway providing a secondary means of public access to an abutting property and not intended for general traffic circulation. He asked, given that definition, can the alley be precluded from use for general access to the building. Mr. May said it is not unusual for commercial alleys to provide access to the rear of a building for parking and general circulation. He stated, however, the Commission could entertain not providing that circulation to the property as part of the rezoning process. Vice-Chairperson Beal asked if the city is responsible for maintaining the alley. Mr. Verdugo said the access easement is located on private property and responsibility for maintaining the alley would depend on how the property was dedicated. Mr. May said, typically, alleys are maintained by adjacent property owners. Commissioner Lund asked if the alley's poor condition is due to its use by large delivery trucks. Mr. Verdugo responded yes. Commissioner Maynard said he foresees the alley becoming even more deteriorated if the general public uses it to access the proposed facility. He asked who is responsible for maintaining the alley. Commissioner Lund asked if the Commission could require the applicant to improve the condition of the alley. Mr. May said, while the property owner currently has access to the alley, he does not know if the applicant would be responsible for maintenance of the alley if that access is removed. Commissioner Bohart asked if staff could work with the applicant to resurface the alleyway. Mr. May expressed his opinion improving the alleyway would be considered an offsite improvement. In response to Commissioner Schwartz's question, Mr. May clarified the alley is an easement over private property and he is not certain the Applicant can be held responsible for maintaining the alley when other property owners are involved. Commissioner Schwartz suggested they table the item to allow staff time to research whether or not the applicant can be held responsible for improvements to the alley. Mr. May agreed tabling the item would probably be appropriate if the Commission wishes to add a stipulation to improve the alley access to 67th Avenue. Vice-Chairperson Beal opened the meeting up for public comment on this item. Ms. Frances McCort, 17215 North 66th Avenue, Glendale, expressed her opinion there will be too much traffic going out onto Bell and 67th Avenue. She questioned what impact the building's exhaust will have on her husband who is on oxygen most of the time. Mr. Mark McCort, 17215 North 66th Avenue, Glendale, said, while he does not object to the use, he does not believe the proposed site to be an appropriate location. He said the area is too 136 PLANNING COMMISSION MINUTES August 5, 2004 congested and they do not need any more carbon monoxide let out into the air. He stated he lives in a retirement community and they do not need any more noise. Ms. Nelda Ryan, 17031 North 66th Lane, Glendale, stated she opposes the application because of the fumes and the potential for teenagers to come out and race their cars on the streets. She noted racing already occurs on the corner of Bell and 67th Avenue. She said her community is very clean and they are concerned about increased vandalism. Ms. Laura Cowperthwaite, 17211 North 66th Terrace, Glendale, voiced her opposition to the application. Mr. Robert Cowperthwaite, 17211 North 66th Terrace, Glendale, said he opposes the use. He questioned why they should encourage racing and pump more pollution into the air. He stated the alley should not be subjected to even more traffic. He asked if liquor will be served at the facility and, if not, will patrons be allowed to bring liquor into the building. He expressed his opinion the use will bring teenagers and cars into their complex. Commissioner Lund asked Mr. Cowperthwaite if they are bothered by the U-Haul trucks and other delivery trucks using the alley. Mr. Cowperthwaite noted the trucks that park in the alley are in violation of the Fire Code. He explained he and his wife are fairly new to the neighborhood and do not have first hand experience with how traffic in the alley was when the furniture store was open. Ms. Lily Strueper, 17219 North 66th Avenue, Glendale, stated she agrees with the comments of the previous speakers. Mr. Bob Staats, 17202 North 66th Lane, Glendale, expressed his opinion 67th Avenue is already a racetrack. He stated a lot of noise is generated in the alley at night. He asked if there is any consideration for a bar at the location in the future. Commissioner Drew asked if the noise at night is generated by the U-Haul trucks. Mr. Staats responded yes. Vice-Chairperson Beal asked if the poor condition of the alleyway is the cause of most of the noise. Mr. Staats answered yes, suggesting the city install a sound wall to help mitigate the noise. Commissioner Bohart advised Mr. Staats to address his concerns about the U-Haul trucks directly with U-Haul and the Fire Marshal. Ms. Roxie Buckner, 6663 West Camino San Xavier, Glendale, stated her home is located along the alley. She said U-Haul is not the issue, stating other cars drive through the alley very fast. 137 PLANNING COMMISSION MINUTES August 5,2004 She said there is not enough room for two cars to pass in the alley. She said the applicants for the furniture store and U-Haul promised the alley would be maintained. She stated sports facilities are located all throughout the city and the proposed facility is not necessary. She urged the Commission to deny the application, stating the applicant is out for the money while the residents are out to save their homes. She said she feels forced to defend her way of life. She said the alley needs to be completely renovated. Commissioner Lund empathized with Ms. Buckner, explaining, however, the zoning attached to the property will remain even if the proposed application is denied. Ms. Buckner said there are several more appropriate locations for the proposed use. Ms. Georgia Knox, 17214 North 66th Terrace, Glendale, stated she also opposes the application. She said the use will create a lot of traffic and exhaust fumes. She asked where the gas for the karts will be stored. She asked if food will be delivered and how will trash be picked up. She also asked whether the facility will be able to operate on ozone-alert days. She expressed her opinion the use will impact that entire section of the city. Mr. May noted a public participation process was done on the application and staff had hoped to have a dialogue with residents prior to the Commission's hearing. He said a community meeting was held on June 21, however, no residents from the area attended. He stated staff toured two similar facilities in Phoenix and witnessed that no sound could be heard from outside the building. Mr. Mulder said he understands the concerns of the residents, but the majority of the people who will visit their site will come in groups and will park in the front of the building. He said access to the business will be advertised as being off Bell Road. He explained the motors on the karts are similar to the motors on lawnmowers, reiterating the catalytic converters will reduce 98 percent of the carbon monoxide. He said he understands the concerns about racing on 67th Avenue, but his facility will bring the teenagers off the street and give them a safe place to race. He stated opening a business in the empty building will help prevent cars from racing through the parking lot. He said a lot of illegal dumping and vandalism is currently occurring and transients are often found on the property, noting the applicant will install a complete surveillance system both inside and outside the building. He stated noise inside the building will not be an issue and they will do whatever they can to control noise outside the building as well. Commissioner Lund asked if liquor will be served. Mr. Mulder said they do not promote drinking and driving in any way, therefore, liquor will not be served or allowed on the premises. He noted customers who have been drinking will not be permitted to drive. Commissioner Lund asked about storage of the fuel. Mr. Mulder explained fuel will be stored in an above ground storage tank and all fueling will take place inside the building if that is what the Fire Marshal recommends. Commissioner Lund expressed her opinion the issues raised by the residents are inherent to the area. Mr. Mulder stated they are willing to block the alley access if the city code 138 PLANNING COMMISSION MINUTES August 5,2004 so allows. He said they would also be willing to work with the other property owners to maintain the alley. Commissioner Drew asked if anything other than fuel will be delivered to the site. Mr. Mulder said parts deliveries will be made via UPS. Commissioner Drew asked if garbage trucks will access the property from 67th Avenue. Mr. Mulder was unable to say. Vice-Chairperson Beal asked Mr. Mulder to describe his plans for security surveillance. Mr. Mulder said 16 surveillance cameras will record everything that occurs inside the building and in the parking lot outside. He stated onsite security will monitor the cameras and walk the property to ensure there is no loitering. Vice-Chairperson Beal closed the public hearing. Commissioner Arce MADE a MOTION to RECOMMEND APPROVAL of Case No. ZON04-12, subject to the following stipulations: 1) Development shall be in general conformance with the Site Plan and Narrative for "Speed Indoor Racing" dated April 22, 2004; 2) All kart storage, maintenance, kart repair, and kart fueling shall be conducted indoors; 3) All air handling equipment including air intake and exhaust shall be roof mounted, vented upwards, and screened from public view; 4) There shall be no patron access through the rear (north facing) doors and the rear doors shall be sound proofed and remain closed at all times; 5) Hours of operation shall be from 11:00 a.m. to 11:00 p.m. Sunday through Thursday and from 11:00 a.m. to 12:00 a.m. Friday and Saturday; 6) Prior to the issuance of a Certificate of Occupancy, the on-site landscaping shall be replanted; 7) The site plan shall be modified to eliminate four parking spaces at the northwest corner of the site. This space shall be converted to landscape planters; 8) Prior to the issuance of a Certificate of Occupancy, the parking lot shall be restriped, resealed, and repaired. Parking spaces shall be 10' x 20'; 9) Prior to issuance of a Certificate of Occupancy, dedication of additional right-of-way to provide a total half-street width of 65 feet for the north half of Bell Road shall be made; and 10) That the existing cabinet signs on the south and east facing elevations be removed and replaced with new signs constructed of individual pan channel letters as approved by the Community Development Group. The motion was SECONDED by Commissioner Bohart. Vice-Chairperson Beal called for further comment on this item. Commissioner Bohart said, while he understands the concerns of the citizens, additional traffic and deliveries will be associated with any business that comes on the property. He expressed his opinion the proposed use will be good for the city, stating it is unique and different in the City of Glendale. 139 PLANNING COMMISSION MINUTES August 5,2004 Commissioner Schwartz stated he is concerned about teenagers using the alley, explaining the noise from their cars' motors, spinning tires, and radios will disturb the residents. He said, while he would like to support the use, he cannot do so until the alley situation has been addressed. He noted blocking the alley would only affect the subject property. Commissioners Maynard and Drew agreed with Commissioner Schwartz. Commissioner Lund said the alley has been an ongoing problem, regardless of the tenant of the building. She pointed out the applicant has indicated a willingness to address the problems. Commissioner Arce agreed with Commissioner Schwartz. He questioned, however, whether the applicant has the right to use the easement. He said, while he empathizes with the emotional response of the adjacent community, the problems will not go away if the application is denied. Vice-Chairperson Beal said he believes north Glendale needs more youth activities. He said he visited one of the Phoenix kart racing tracks one evening and was amazed that no sound could be heard outside the building and found very few cars in the parking lot. He stated the lot has been vacant for two years and the applicant has agreed to work on the issue of the alley. He suggested they add a stipulation that restricts access to the alley. Commissioner Drew made a MOTION to AMEND the motion to recommend approval of Case No. ZON04-12, adding an eleventh stipulation to read: Vehicular access from this property to the drive aisle connecting to 67th Avenue shall be prohibited. An emergency access gate may be installed if required by the Fire Department and the Community Development Group. Commissioner Schwartz SECONDED the MOTION to amend. Commissioner Bohart asked if the entire application would have to be denied if the city marshal later disagrees with the eleventh stipulation. Mr. May said the Commission's recommendation will go forward to the Council and the Council will decide at that time if the stipulations are appropriate. Commissioner Arce questioned whether the Commission has the authority to block access to the alley if it is an easement. Commissioner Schwartz pointed out the easement could be vacated and returned to the property owner at any time. Mr. May agreed there are uncertainties regarding the easement. Commissioner Drew stated there will be time for staff to address the uncertainties with regard to the easement prior to the case coming before Council. He said, however, including the stipulation makes the Commission's position on public access through the alley clear. Commissioner Bohart stated he is not in favor of the additional stipulation. 140 PLANNING COMMISSION MINUTES August 5,2004 Vice Chairperson Beal agreed with Commissioner Drew. Commission Lund stated the stipulation will allow the Commission to recommend approval while still protecting the community. Vice-Chairperson Beal called for the roll call vote on the MOTION to AMEND. The MOTION to AMEND PASSED with a vote of 5 to 2 (Commissioners Bohart and Arce voted nay). Vice-Chairperson Beal called for the roll call vote on the motion as amended. The MOTION as amended PASSED with a vote of 7 to 0. Mr. Tindall stated the Planning Commission's action on this item is not final. He explained that the Commission's recommendation would be forwarded to the City Council for further action at a future City Council meeting. APPLICATION NO.: CUP04-11 REQUEST: A request by Ms. Kelly Lund for 4 Success Schools, LLC, to approve a Conditional Use Permit for a private school in the SR-30 (Suburban Residential) zoning district. The site is 4.8 acres located on the east side of 51s` Avenue approximately 490 feet north of Cholla Street (11611 North 51s` Avenue). Staff Contact: John R. Verdugo (Barrel District). Mr. John Verdugo, Planner, presented the application. He said the request appears to meet the five required findings for Conditional Use Permit approval and should be approved, subject to the three stipulations set forth in the staff report. Commissioner Bohart noted a stipulation of one year was placed on the applicant's previous approval because of citizen concerns. He asked if the subject application should also be limited to a specific period of time. Mr. Verdugo explained the first year was considered by staff to be a test period. He said staff has received no complaints as a result of the school. He pointed out the applicant has said the use will be temporary if the school grows. He stated staff does not believe a time restraint to be necessary, pointing out most private schools are not subject to time constraints. Commissioner Arce asked if the maximum number of students was established by the Planning Department or the applicant. Mr. Verdugo explained the applicant's narrative called for a maximum of 30 students, however, their Citizen Participation Plan narrative called for 50 students. He said staff used the number in the applicant's narrative, but would be willing to adjust to 50 students if the Commission feels an increase is appropriate. Commissioner Arce 141 PLANNING COMMISSION MINUTES August 5,2004 noted the applicant offered the one year trial period when their case was originally heard by the Commission. Commissioner Lund asked if the state imposes a maximum on the number of students. Mr. Verdugo said the applicant will have to meet both the State Fire Marshal's and State Department of Education's occupancy requirements. He was unable to say how those occupancy requirements are calculated. Commissioner Drew asked if the Conditional Use Permit would remain in place for the church if the school eventually moves to a new location. Mr. Verdugo explained the permit runs with the property. Ms. Kelly Lund, Applicant, said they have successfully operated their school for the past year without incident. She said the school year ended with 17 students from seven school districts and one charter school and four of the students were successfully transitioned back into district programs. She said wrought iron fencing was installed; however,there was a miscommunication with staff as to fencing off the front area. She explained 10 students are allowed outside at a time for supervised activities. She stated their students ranged in grade from Kindergarten to 1lth Grade. She said a site council meeting was held upon the request of two people from the neighborhood; however, no one attended the meeting. She stated the City of Glendale Fire Marshal and Department of Education inspected the site and the Fire Marshall determined the buildings to have a maximum capacity of 60 people. She said, as they approach Phase II, they hope to achieve an enrollment of 30 students, but would prefer the maximum number of students be set at 50. Mr. Verdugo stated staff does not object to 50 students and believes the school will be able to adequately serve the needs of 50 students. Vice-Chairperson Beal opened the meeting up for public comment on this item. Mr. Charles Jinks,Pastor of Apollo Baptist Church, stated they have had a good relationship with the school for the past year and are pleased with their operation. He said the students are well taken care of and none of the concerns originally expressed by the neighborhood have been realized. He stated the church would rather there not be a wrought iron fence in the front area. Commissioner Beal asked Mr. May if the fence is required pursuant to city code. Mr. May said the fence was a stipulation to the applicant's first approval. He pointed out, if approved, the applicant could have as many as 50 students on the property; stating,therefore, staff still believes a fence is warranted. 142 PLANNING COMMISSION MINUTES August 5,2004 Commissioner Drew suggested the church install a gate in the fence that could be locked during school hours, but open when the church was using the area. Mr. Jinks said he would rather not limit the space by installing a fence. Vice-Chairperson Beal asked if the residents have commented on the fact that the fence was not completed. Mr. Verdugo said Councilmember Eggleston passed along an inquiry he received from a property owner as to when the fence would be built. Commissioner Maynard asked if a removable wrought iron fence could be used. Mr. Jinks said they will look at all of the possibilities. Commissioner Arce said he understands Mr. Jinks' concerns about blocking off the area. He questioned whether the fence is still necessary given that there have been no problems with the school and neighborhood over the past year. Ms. Deb Worman, 4621 West Corrine Drive, Glendale, said the church has been very supportive and the school works hard to ensure their students behave. She stated no child has ever wondered into an off-limits area. She said, while they are willing to construct the fence, they would rather not, given the church's position on the issue. She stated the chance of the school having 50 children is small and, even if there were that many students at the school, there would never be more than 12 out at any given time. Ms. Heidi Bohrer, 11611 North 71St Avenue, submitted a speaker's card in support of the application. Vice-Chairperson Beal closed the public hearing. Commissioner Lund MADE a MOTION to APPROVE Case No. CUP04-11, subject to the following stipulations: 1) Development shall be in substantial conformance with the previously approved site plan, dated April 20, 2004, and the project narrative, dated April 20, 2004; 2) Student enrollment shall not exceed a maximum of 30 students. Any increase in the student enrollment shall require Conditional Use Permit approval; and 3) A minimum four (4) foot high wrought iron fence with gate attached to the east and west classroom units shall be installed within 60 days of Planning Commission approval. The MOTION was SECONDED by Commissioner Drew. Commissioner Bohart made a MOTION to AMEND the MOTION to APPROVE Case No. CUP04-11, modifying Stipulation 2 to read 50 students. Commissioner Schwartz seconded the motion. Vice-Chairperson Beal called for further comment on this item. 143 PLANNING COMMISSION MINUTES August 5,2004 Commissioner Lund said, while she does not object to their having 50 students, the residents in the area are under the assumption there will be no more than 30 students. She said, without imposing a time limit, she is hesitant to approve the amended stipulation. Commissioner Arce asked if the church could decide to have a private school if the applicant decided to move to another location in the future. Mr. Verdugo said the application was filed by 4-Success School and the church would have to file a new application if it decided to run a school itself. Mr. May confirmed the Conditional Use Permit does not extend to the church. Commissioner Drew agreed the school has been advertised as having a maximum of 30 students. He said increasing the maximum number of students to 50 without imposing a time restriction would be unfair to the residents. Commissioner Schwartz asked if the applicant would have to go through the entire Conditional Use Permit process again if they decided to increase the number of students to more than 50 in the future. Mr. May said the applicant would file for an amendment to the CUP. Commissioner Bohart explained he made the amendment based on the Fire Marshal's finding that the building's maximum occupancy is 60. He expressed his opinion they would be penalizing the applicant if they made her return to the Commission in order to increase the number of students to 50. No further comments were made. Vice-Chairperson Beal called for the roll call vote on the MOTION to AMEND. The MOTION to AMEND PASSED with a vote of 5 to 2 (Commissioners Lund and Drew voted nay). Commissioner Bohart made a MOTION to AMEND the AMENDED MOTION to APPROVE Case No. CU04-11, removing Stipulation 3. Commissioner Lund seconded the motion. Commissioner Bohart explained the intent of the third stipulation was to protect the neighborhood from students who might want access to their animals. He said the applicant closed off the south end of the property and no problems have occurred; therefore, he does not believe the stipulation is necessary. Commissioner Schwartz agreed. Commissioner Drew said he does not recall whether the applicant was supposed to fence off the front area, but he does not believe a fence is necessary in order to protect the neighborhood. He 144 PLANNING COMMISSION MINUTES August 5,2004 said, however, he is not certain the children would not be better protected if a fence were constructed. Commissioner Lund clarified she is not related to the applicant. She said she will support removing the stipulation because there have been no problems over the past year. Vice-Chairperson Beal called for the roll call vote on the MOTION to AMEND the AMENDED MOTION. The MOTION to AMEND PASSED with a vote of 7 to 0. Vice-Chairperson Beal called for the roll call vote on the original MOTION as AMENDED. The MOTION as AMENDED PASSED with a vote of 7 to 0. Mr. Tindall said the action taken by the Commission is final on behalf of the City of Glendale. He stated anyone wishing to appeal the action must do so by filing a written Notice of Appeal with the Planning Department within 15 days. Vice-Chairperson Beal called for the Planning Staff Report. Mr. May announced the City Council passed the Commission Initiated Rezoning on the Public Safety Building on July 27. Mr. May recommended the Commission vacate its August 19 meeting. Commissioner Bohart made a MOTION to VACATE the Commission's August 19, 2004 meeting. Commissioner Drew seconded the motion and the motion PASSED unanimously. Vice-Chairperson Beal called for Commission Comments and Suggestions. Commissioner Bohart thanked Planning Department staff for their support during his tenure as Chairperson of the Commission. He noted CUP04-05 has been appealed by Councilmember Martinez, stating the outcome of this case could set a citywide precedence regarding the number of drive-thrus allowed on a property. He encouraged those in support of or opposition to the CUP to be at the City Council meeting when the item is heard. Commissioner Schwartz thanked Commissioner Bohart for his service as Chairperson. Vice-Chairperson Beal also thanked Commissioner Bohart for his service as Chairperson. Since there was no/further business, the meeting was adjourned at 9:13 p.m. eac iCO Diana Castro, Recording Secretary 145