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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 3/1/2012 MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,MARCH 1,2012 7:00pm CALL TO ORDER The meeting was called to order at approximately 7:00pm. Commissioners Present: Chairperson Kolodziej (Yucca), Commissioner Penilla(Barrel), Commissioner Shaffer (Cactus), Commissioner Petrone (Cholla), Commissioner Larson (Mayoral), Commissioner Williams (Ocotillo), and Commissioner Sherwood(Sahuaro). City Staff Present: Tabitha Perry, Assistant Planning Director, Jon M. Froke, AICP, Planning Director, Deborah Robberson, Deputy City Attorney, Thomas Ritz, AICP, Senior Planner, and Diana Figueroa, Recording Secretary APPROVAL OF MINUTES Chairperson Kolodziej called for Approval of Minutes. Commissioner Sherwood made a motion to approve the minutes of the November 17, 2011, Public Hearing as written. Commissioner Larson seconded the motion,which was approved unanimously. WITHDRAWALS AND CONTINUANCES Chairperson Kolodziej called for any withdrawals and/or continuances. There were none. PUBLIC HEARING ITEM Chairperson Kolodziej called for staff's presentation. ZTA11-01: A request by the City of Glendale Planning Department to amend Zoning Ordinance to provide for a new definition and a new section to enact zoning regulations to regulate Digital Billboards (DBB) along the Loop 101 in the Sports and Entertainment District and prohibit billboards in the Heavy Commercial (C-3) zoning district. Staff Contact: Thomas Ritz, AICP, Senior Planner(Citywide). Mr. Thomas Ritz, AICP, Senior Planner, made a brief presentation to the Commission. He said the Commission must make a recommendation to the City Council regarding this item. He said staff' recommendation is for approval. Mr. Ritz said this amendment will establish a set of development standards to regulate digital billboards along the Loop 101 in the Sports and Entertainment District. He said this has come from a previous concern that past zoning cases for digital billboards were only on land owned by the city as part of a lease agreement. Therefore, this zoning text amendment is proposed to permit digital billboards along the Loop March 1,2012 Planning Commission Minutes Page 2 101 from Northern Avenue to Camelback Road in the Sports and Entertainment District. Digital billboards will continue to be prohibited along the Loop 101 between 51St Avenue and Bell Road and between the Loop 303 and Northern Parkway. He said the proposed definition is similar to the definition of the size and frequency of the billboards located at the city's Park+Ride site. Mr. Ritz said digital billboards will be limited to lots zoned PAD. Billboards shall only be erected in proximity to the Sports and Entertainment District. Mr. Ritz concluded by stating staff is recommending the Planning Commission recommend approval of this item. Chairperson Kolodziej opened the public hearing. 1. Ron Rovey, Rovey Farms, 7711 West Northern Avenue, Glendale, 85303. Mr. Rovey asked if this proposal will also apply to the city's Park + Ride site where there are currently two billboards erected. Mr. Ritz said no. Mr. Rovey asked if this proposal will apply to the two city owned lots where billboards are approved but not yet installed. Mr. Ritz said no, and any other lots will not be changed by subsequent zoning text amendments. This text amendment will allow by right items that were not previously allowed. Applicants have the right to apply for PAD zoning in order to install digital billboards. Mr. Rovey clarified that under a PAD zoning different standards are required than under this text amendment. Mr. Ritz said applicants may customize their Planned Area Development application for standards and representations of land uses. Mr. Rovey referred to #21 in the proposed amendment and felt it was unfair. He said his family does not have the four billboard signs to remove in order to erect one digital billboard sign. He felt the only company that may have that opportunity would be CBS Outdoor, which would create a monopoly. He asked this requirement be deleted. Next, Mr. Rovey had concerns with#14. He said his family's property is located on the southwest corner of the Loop 101 and Glendale Avenue with unincorporated Maricopa County land being located northeast of the Loop 101 and Glendale Avenue. Mr. Ritz stated this is not the intent of this item. Mr. Ritz said only if a plat was filed and recorded prior to January 2000. He clarified this requirement would not apply to the Rovey property or to the property which he spoke of located at the northeast corner of the Loop 101 and Glendale Avenue. Mr. Rovey asked for the height of the digital billboards located on the city's Park + Ride lot. Mr. Ritz said the maximum height is 80 feet. Mr. Rovey stated he would like to see the amendment allow for 80 feet high signs just as the signs located at the City's Park+Ride. March 1,2012 Planning Commission Minutes Page 3 He said #15 and #16 stated the signs must be integrated into the PAD and have a common design element. Mr. Rovey said the digital billboard signs do not relate to the developments, but relate to the Loop 101 Freeway. He felt the billboards located at the City's Park+ Ride do not satisfy these requirements. They have no relation to the Park + Ride and they have no common design and are not part of a comprehensive plan. He asked the same type of standards be applied to his property in the future as what has been done for the Park+ Ride property. With regard to #23, Mr. Rovey said this would prohibit his family from erecting any digital billboards until development occurs. Mr. Rovey said with respect to #17, he asked why billboards are not to be illuminating during the hours of 2am and sunrise. Mr. Ritz explained this is consistent with hours of the businesses, shopping and entertainment located within the Sports and Entertainment District. Mr. Rovey concluded by stating with each hearing regarding these amendments, more regulations have been added. It almost appears as though the city wishes to prohibit billboard signs on the Rovey property located on the west side of the Loop 101. Commissioner Petrone asked if Mr. Rovey felt that he has been precluded from participating until development occurs on the Rovey property. In addition, he wanted to verify since the Roveys have no existing billboards there would be no way for the family to meet the request of removing signs existing signs in order to construct one new sign. Mr. Rovey confirmed stating these are the most relevant items and added he only wants to be treated fairly. 2. Justin Lalley, CBS Outdoor, 3150 South 48th Street, Suite 200, Phoenix, 85040. Mr. Lalley referred to item #4 and asked if the quarter mile distance requirement between digital billboards was applicable if the billboards were on the same parcel or the same PAD. Mr. Ritz said yes. Mr. Lalley referred to item #5 and verified if there were two PAD parcels located next to one another the distance requirement would be 660 feet. Mr. Ritz said yes. Mr. Lalley referred to item #9 and asked for clarification regarding the language that reads "sign may be static or change". He asked for confirmation if this applies to digital billboards only and that this does not include static billboards or vinyls. Mr. Ritz explained the intent is to create a separate category for digital billboards with changing imagery and to leave the area of static billboards within M-1 and M-2 zoning districts removing them from the C-3 zoning district. He said these are two different types of billboards with different types of requirements. These are internally illuminated billboards not vinyl. Mr. Lalley referred to item #23 and asked what constitutes the first phase of development on a PAD. Mr. Ritz said the first phase of development would be the opening and operation of development that occurs as part of a significant portion of the proposed PAD. March 1,2012 Planning Commission Minutes Page 4 3. Joseph White, Becker Boards, 4350 East Camelback Road, Suite B195, Phoenix, 85018. Mr. White asked for clarification on item #14 regarding unincorporated Maricopa County. Mr. Ritz said only those areas in Maricopa County within a platted subdivision recorded prior to January 1, 2000, specifically excluding the northeast corner of Glendale Avenue and the Loop 101 from the buffer applying at that point. Mr. White asked for clarification on #15 specifically the last sentence which states no digital billboard is permitted as a prelude to other development of the PAD. Mr. Ritz explained a billboard cannot be erected without any other investment. He said there needs to be additional construction. Mr. White said it appears this is addressed in item #23. Mr. Ritz said #23 also encourages development in the Sports and Entertainment District as a vital part of Glendale. Mr. White understands the intent of "first phase of development", however when staff states "other development", which is very vague, he asked if this doesn't open the door for other opportunities. He asked if landscaping could be considered as other development. Mr. Ritz said he does not believe so and stated that is not the intent. Last, Mr. White referred to #21 and stated as a small billboard company, it would be impossible for his company to ever do business in Glendale. He said if the intent is to keep the existing billboards currently approved in the city of Glendale with American Outdoor, then item #21 should be included in the Ordinance. Mr. White said Mr. Rovey explained there were two more billboards proposed along the freeway. Mr. White believed the American Outdoor billboards, approved by the City of Glendale, to be built in the future will produce revenue for the city. He asked for confirmation. Mr. Ritz stated he believed that is part of the lease agreement. Ms. Robberson stated she is not familiar with the terms of the lease for the billboards, although she is aware the billboards are subject to leases. She stated she presumes there is a lease payment. Mr. White asked if this is the only reason why the City of Glendale allowed these two billboards. Ms. Robberson stated she is not familiar with this. Mr. White stated he assumes the answer is yes, and if the city exercises its right to allow the other two billboards there will be a total of four billboards with eight faces. He said under this Ordinance, at the end of the lease term, the billboards could be removed from their currently locations and be erected on private land. If this were the case, the city would no longer receive any revenue. He wanted to be sure the city was aware of this. He said he is unclear on this portion of the ordinance. With no one else wishing to speak,the Chairperson closed the public hearing. Commissioner Sherwood stated the 4 to 1 removal of signs was established in order to remove existing static signs. He said he is concerned with this item. He is also concerned with the 2am to sunrise restriction. He does not feel this requirement should be included. Commissioner Petrone said#15 and#21 are restrictive. He said they preclude participation. He is unsure how someone without existing billboards would be able to participate. Mr. Ritz explained those persons would need to acquire billboards through purchase or company acquisition. The intent is to decrease the amount of billboards in Glendale, however, if new billboards are being encouraged, the goal is to remove • March 1, 2012 Planning Commission Minutes Page 5 billboards from other areas of the city and provide them with the same business opportunities that occur in other parts of the city. Mr. Ritz added there were four billboards removed from the area of 51St Avenue and Olive Avenue. He said due to new development they were removed. Commissioner Sherwood asked if the company that removed the four signs would be installing a new one at this location. Mr. Froke said those four boards were previously operated by CBS Outdoor. Commissioner Sherwood asked how many static signs existing in the Sports and Entertainment District area. Mr. Froke said there is zero. In response to a question from Commissioner Sherwood, Mr. Ritz said it is likely signs would be removed in other areas of the city with none currently existing in the Sports and Entertainment District along the Loop 101. He clarified the city is not restricting where billboard removal can occur. Commissioner Williams asked if the city removed four static billboard signs when they installed their digital billboard signs. Mr. Ritz stated the city's PAD was negotiated by the city leadership as a separate PAD. The opportunities still exist for anyone to file a PAD with specific design standards. Commissioner Williams said staff stated previously 19 billboards would be allowed. He asked if this included the two signs the city has erected and the two signs the city is anticipating to erect. Mr. Ritz said yes. Commissioner Williams verified there would be a total of 19 billboards located within the three mile area. Mr. Ritz said yes. Commissioner Williams asked if the new development to take place at Westgate would be a PAD. Mr. Ritz said yes, the developer of the upcoming shops at Westgate may apply for a PAD. Commissioner Penilla commented the time restrictions listed in amendment #17 appear to be unnecessary. Commissioner Larson stated he understood the requirement of removing four billboards in order to erect one was for the purpose of cleaning up the city. He believed this to be the Grand Avenue area more than other areas of the city. He added that development along the proposed area prior to the installation of billboards make sense. He believed this encourages effort from the developer if they truly want digital billboards. Chairperson Kolodziej said he agrees with the beautification and the removal of existing signs. He noted his concern is which party is responsible for the costs. With no further comments from the Commission, Chairperson Kolodziej called for a motion. Commissioner Larson made a motion to recommend approval of ZTA11-01. Commissioner Shaffer seconded the motion. March 1, 2012 Planning Commission Minutes Page 6 Chairperson Kolodziej asked for the Commissioners' comments. Commissioner Williams stated he cannot support this request as he is concerned about the increase in traffic accidents. His second concern is the installation of 19 billboard signs. He felt this would create a major distraction for those travelling the Loop 101 and the Sports and Entertainment District. Commissioner Sherwood stated he is in favor of digital billboards while realizing various parts of the city need to be cleaned up of billboards. He had no concerns with the sign height which is being recommended. He believed the development should take place prior to allowing billboards to be installed. He felt that if a property owner is making profit from billboards being erected on their property, they may have no motivation to develop the property. Commissioner Sherwood stated he is very concerned with item #21 as it makes things difficult for new companies coming into the city. Chairperson Kolodziej stated he does not feel that digital billboards create no additional safety issues to those traveling the freeways. He stated if a company chooses to erect digital billboards and has four existing static billboards in the city they should be required to remove those four. However, if a company is coming into Glendale and they do not have four existing static billboards they should not be made to follow those same requirements. Commissioner Larson voted aye. Commissioner Shaffer stated he cannot support this request. He felt it would allow too many billboards. He voted no. Commissioner Williams voted no. Vice Chairperson Sherwood stated he must vote no because he does not agree with the four to one ratio sign removal requirement. Commissioner Petrone voted no because of requirements#15 and#21. Commissioner Penilla voted aye, and Chairperson Kolodziej voted aye. Chairperson Kolodziej stated this motion has failed. Ms. Deborah Robberson, Deputy City Attorney, stated this recommendation of denial will go forward to the City Council. OTHER BUSINESS Chairperson Kolodziej called for Other Business. There was none. OTHER BUSINESS FROM THE FLOOR Chairperson Kolodziej called for Other Business From The Floor. There was none. March 1,2012 Planning Commission Minutes Page 7 PLANNING STAFF REPORT Chairperson Kolodziej called for the Planning Staff Report. Ms. Perry introduced Planning Director, Jon Froke. Mr. Froke stated on behalf of the Government Services Committee, Planning Commission, Planning Department Staff and Community Development Group, he wished to present a plaque of appreciation and lapel pin commemorating four years serving on the Planning Commission to Chairperson John Kolodziej. He said Mr. Koldoziej has provided great leadership to the Planning Commission over the past four years. Chairperson Kolodziej stated this is the third commission on which he has served and hoped to continue to serve. Commissioner Sherwood wished Chairperson Kolodziej well. COMMISSION COMMENTS AND SUGGESTIONS Chairperson Kolodziej called for Commission Comments and Suggestions. There were none. ADJOURNMENT With no further business, Commissioner Sherwood made a motion to adjourn the Meeting. Commissioner Penilla seconded the motion, which was approved unanimously. The meeting adjourned at 8:02pm. The next meeting is scheduled for April 5, 2012. Respectfully submitted, L44t- Al I. /i_1 Diana Figueroa, Reco 'g Secretary