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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 5/2/2013 MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,MAY 2, 2013 7:00 PM CALL TO ORDER The meeting was called to order at approximately 7:00 p.m. Commissioners Present: Chairperson Petrone (Cholla), Commissioner Larson (Mayoral), Commissioner Penilla (Sahuaro), Commissioner Lenox (Barrel), Commissioner Aldama (Yucca) and Commissioner Johnston(Cactus). Commissioners Absent: None. One vacant seat (Ocotillo) City Staff Present: Jon M. Froke, AICP, Planning Director, Deborah Robberson, Deputy City Attorney, Karen Stovall, Senior Planner, and Suzie Ricard, Community & Economic Development and Recording Secretary. APPROVAL OF MINUTES Chairperson Petrone called for the Approval of Minutes. There were none at this time. WITHDRAWALS AND CONTINUANCES Chairperson Petrone called for any withdrawals and/or continuances. There were none. PUBLIC HEARING ITEMS Chairperson Petrone called for staff's presentation. CUP13-02: A request by Sustainability Engineering Group, Representing Dillon Real Estate Co. Inc., for a Conditional Use Permit to allow a convenience use (gas station) in the C-2 (General Commercial) zoning district. The site is located at the southwest corner of 57th Drive and Thunderbird Road (5771 West Thunderbird Road). Staff Contact: Karen Stovall, Senior Planner (Sahuaro) District Karen Stovall, Senior Planner presented this item. CUP13-02 is a request by Sustainability Engineering Group for the property located at 5771 West Thunderbird Road. The applicant requests a conditional use permit to allow a gas station in the C-2 zoning district. The property is located at the southwest corner of 57th Drive and Thunderbird Road. The applicant proposes to construct a fueling station under a 4,480 square foot gas canopy. The project will be constructed adjacent to Thunderbird Road, in the parking lot of the existing shopping center. Fuel center operating hours will be 24 hours a day, seven days a week, with an attendant on site from 5 a.m. 1 May 2,2013 Planning Commission Minutes to 11 p.m. When an attendant is not present, customers may obtain fuel by paying with a credit or debit card at the fuel pumps. Vehicular access to fuel center will be from shared driveways off of 57th Drive and Thunderbird Road. Access is also provided from the west half of the shopping center, off 59th Avenue. Minor modifications will be made to the parking lot to assist the flow of on-site traffic, including the re-orientation of diagonal parking spaces to perpendicular spaces and the adjustment of and additional parking lot landscape planters. The applicant's plans show improvements to the property adjacent to the new fuel station, including landscaping and screen walls along 57th Drive and Thunderbird Road. In conjunction with the construction of the fuel center, the property owner has agreed to make landscape improvements to the remainder of the property, which includes the east half of the shopping center. In February 2013, the applicant mailed 177 notification letters to adjacent property owners and interested parties. The applicant received three e-mails: one in support, one opposed, and one with concerns about the proposal. The individual opposed to the request cited concerns related to additional gas storage in the area, as a gas station exists across the street; the type of clients that may go to the area if the station is open all night; and traffic congestion. The applicant responded that the sales kiosk would be open from 5:00 a.m. to 11:00 p.m. with sales at the pump available 24 hours a day. The applicant requested that the individual provide her phone number to him so that he could contact her to further discuss her concerns. The individual never responded to the applicant's request. The third individual who contacted the applicant represented the existing Burger King to the west of the proposed gas station. His concerns related to visibility obstruction and signs. The applicant worked with this individual to amend the site plan, shifting the sales kiosk away from Thunderbird Road to address the visibility concern. City staff responded that Burger King would not be permitted a new freestanding sign but should work with the shopping center to have its name on a panel on the existing multi-tenant sign. Planning received an e-mail in opposition to the request. The individual stated concerns with the number of existing gas stations in the area as well as environmental and safety concerns. Staff responded that environmental pollution and hazard concerns are not addressed by the conditional use permit process; however, construction plans are reviewed by building and fire safety personnel prior to development. Additionally, the Arizona Department of Environmental Quality reviews gas stations to ensure they meet environmental regulations. The proposed gas station is consistent with the policies of the General Plan and the purpose of the C-2 zoning district. Convenience uses are permitted in this district subject to CUP approval. In conclusion this request appears to meet the required findings for CUP13-02 approval and should be approved, subject to the following stipulation listed in the staff report. Chairperson Petrone called for any questions from the Commission. 2 May 2,2013 Planning Commission Minutes Commissioner Penilla stated his concerns regarding the traffic in that area. He asked if staff had any plans to add any driveways or to widen them. Ms. Stovall replied no. Commissioner Penilla inquired what the basis was for staff's recommendation regarding the concerns expressed in relation to gas storage in the area and traffic. Ms. Stovall explained the transportation department reviewed the application and made their recommendation for approval since the existing traffic network is adequate to handle this use. Commissioner Penilla asked if the Burger King signage ever got resolved. Ms. Stovall believes that aspect has not been resolved; however, both parties have agreed to discuss it at a later time. Commissioner Penilla asked how close an affected property has to be to receive notification. Ms. Stovall explained the zoning ordinance states that notification is required within a minimum of 300 ft. radius of the property line. However, staff for this case and most cases has been requesting 500 ft. radius. Chairperson Petrone called for the applicant's presentation. Jeff Guyette, applicant's representative, stated he was very excited about this project. He said Fry's has evaluated this shopping center for long term development. He discussed Fry's long term plans showing the areas considered to be developed on the aerial map. In regards to the signage with Burger King, they discussed working together on a panel for the monument sign once the rest of the shopping center is developed. Fry's wants the rest of the tenants to do well in the shopping center so people can visit the area. This will help the area stay beautiful and vibrant. Chairperson Petrone thanked him for his time and application. Chairperson Petrone opened the public hearing. Bonnie Steiger, speaker, stated she has been a 37 year resident of Glendale and has seen the area steadily grow. She opposes this application since the area does not need another gas station. She thinks adding another gas station will be too much for that area. She also was not happy with the Fry's and does not shop there anymore. She added if they do approve this application, it should have the same restrictions as Safeway. Mr. Guyette agreed with the speaker's observations regarding the Fry's store. He said the area was looking tired and does need some attention. He noted that was one of the reasons they took a look at this center and are willing to invest significant money for the expansion and remodel of the area. He said their fuel centers were not simply a destination but a convenience for people who shop in the existing shopping center. Chairperson Petrone asked for any additional questions. Commissioner Penilla asked if Fry's has done any studies to indicate what kind of traffic this would generate. Mr. Guyette stated 65% of the people who shop for groceries also made a stop at the gas pump. Commissioner Penilla reiterated his question regarding additional traffic volume since it was not answered directly. Mr. Guyette explained the only data they have for the gas station was from the VIP cards used at the store. They do not look at a capture rate for street traffic. 3 May 2,2013 Planning Commission Minutes Commissioner Johnston asked what percentage of Fry's customers use the fuel center. Mr. Guyette replied he did not know. Commissioner Aldama asked when fuel was delivered. Mr. Guyette replied that deliveries were always done at off-peak times and when the store is less busy. Commissioner Aldama commented he hopes they consider the neighbors when assessing fuel times. Mr. Guyette stated they were very mindful of the area and took everything into consideration in creating the fuel schedule. Chairperson Petrone closed the public hearing on CUP13-02. Commissioner Johnston made a motion to approve CUP13-02 subject to the stipulations listed in the staff report. Commissioner Lenox seconded the motion, which was unanimously approved. Deborah Robberson, Deputy City Attorney said this is final approval by the Planning Commission subject to a written appeal if filed within 15 days. CUP13-03: A request by Sustainability Engineering Group, representing Bethany 43 LLC & Hansen Bethany LLC, for a Conditional Use Permit to allow a convenience use (gas station) in the C-2 (General Commercial) zoning district. The site is located west of the southwest corner of 43rd Avenue and Bethany Home Road (4353 West Bethany Home Road). Staff Contact: Karen Stovall, Senior Planner (Cactus District). Karen Stovall, Senior Planner presented this item. CUP13-03 is a request by Sustainability Engineering Group for the property located at 4353 West Bethany Home Road. The applicant requests a conditional use permit to allow a gas station in the C-2 zoning district. The property is located west of the southwest corner of 43rd Avenue and Bethany Home Road. The applicant proposes to construct a fueling station under a 3,649 square foot gas canopy. The project will be constructed adjacent to Bethany Home Road in the parking lot of the existing shopping center. Fuel center operating hours will be 24 hours a day, seven days a week, with an attendant on site from approximately 5 a.m. to 11 p.m. When an attendant is not present, customers may obtain fuel by paying with a credit or debit card at the fuel pumps. Vehicular access to the fuel center will be from shared driveways off of both 43rd Avenue and Bethany Home Road. Minor modifications will be made to the parking lot to assist the flow of on-site traffic, including the extension of an existing landscape median off of Bethany Home Road and shifting a drive aisle southward to align with the drive aisle to the east. The applicant will make improvements to the property adjacent to the new fuel station, including landscaping and screen walls along Bethany Home Road. The property owner has agreed to make landscape improvements to the remainder of the shopping center, including the replacement of landscaping within parking lot planters and along the south and west property lines. 4 May 2,2013 Planning Commission Minutes In February 2013, the applicant mailed 248 notification letters to adjacent property owners and interested parties. The applicant received one e-mail in support of the proposal. Planning received one phone message from a nearby property owner regarding the request. Based on the phone message, staff believes the caller did not fully understand the proposal and thought the applicant was making a business proposal. Unfortunately, the message was difficult to understand, and the caller did not leave a return phone number. The proposed gas station is consistent with the policies of the General Plan and the purpose of the C-2 zoning district. Convenience uses are permitted in this district subject to CUP approval. In conclusion, the Planning Commission should approve of CUP13-03, subject to the stipulation listed in the staff report. Chairperson Petrone called for any questions from the Commission. There were none. Chairperson Petrone called for the applicant's presentation. Jeff Guyette, applicant's representative, stated he had no comments at this time. He noted Ms. Stovall presented the case well. Commissioner Larson commented on the amount of gas pumps and asked how they are determined. Mr. Guyette explained they look at the customer base and the size of the area. He added in this particular area, they wanted to make sure there was enough turn-room for their customers. He said they were designed for safety and security over all else. Chairperson Petrone thanked him for his time and application. Chairperson Petrone opened the public hearing. He stated he did not have any speaker cards and asked if anyone in the audience would like to speak on the matter. No one came forward. Chairperson Petrone closed the public hearing on CUP13-03. Commissioner Penilla made a motion to approve CUP13-03 subject to the stipulations listed in the staff report. Commissioner Larson seconded the motion, which was unanimously approved. Deborah Robberson, Deputy City Attorney said this is final approval by the Planning Commission subject to a written appeal if filed within 15 days. CUP13-04: A request by RVM Associates, representing Glendale and 43rd LLC, for a Conditional Use Permit to allow a thrift store in the C-2 (General Commercial) zoning district. The site is located south and west of the southwest corner of 43rd and Glendale avenues (4335 West Glendale Avenue). Staff Contact: Karen Stovall, Senior Planner(Cactus District). Karen Stovall, Senior Planner presented this item. CUP13-04 is a request by RVM Associates for the property located at 4335 West Glendale Avenue. The applicant requests a conditional use 5 May 2,2013 Planning Commission Minutes permit to allow a thrift store in the C-2 zoning district. The property is located south and west of the southwest corner of 43rd and Glendale avenues. The thrift store will occupy 30,000 square feet of lease space within the existing shopping center. Donated goods are received off-site and delivered to the store; public donations are not typically collected at the store. Regular store hours will be from 9 a.m. to 9 p.m. Monday through Saturday and 10 a.m. through 6 p.m. on Sunday. In March 2013, the applicant mailed 174 notification letters to adjacent property owners and interested parties. The applicant received one inquiry from the nearby McDonald's restaurant requesting the exact location of the proposed thrift store. The Planning Department received a phone call from a resident in support of the request but with a concern over how shopping carts would be monitored. Staff referred the resident to the applicant, who responded that stoppers would be installed on carts to prevent them from being removed from the building The proposed thrift store is consistent with the policies of the General Plan and the purpose of the C-2 zoning district. Thrift stores are permitted in this zoning district subject to CUP approval. In conclusion, the Planning Commission should approve of CUP13-04, subject to the stipulation listed in the staff report. Chairperson Petrone called for any questions from the Commission. Commissioner Larson remarked that this was a "tired" center and wondered why they were not doing anything to clean and beautify the area along with this application. Ms. Stovall replied that was not required at this time, however, the applicant has expressed interest in making improvements to the center in the future. Chairperson Petrone called for the applicant's presentation. Mr. Huberman, applicant's representative stated staff had done a good job presenting their application. He said this location was a former Food City and the lease was rejected in the Bashas' bankruptcy case. He explained the development of Family Thrift was the first step in turning this center around. He noted that having an anchor tenant generates additional traffic and activity to prevent crime. Commissioner Johnston commented that location was a gateway to Glendale. He agreed the shopping center needed a lot of help. He asked if they had any idea as to the amount of traffic this store will generate. The applicant's representative explained it will depend on the reception this store receives. He noted this was their first store in Arizona; however, they have 16 stores in Texas and five in the Chicago metro area. They have been in business over 25 years and were a viable and well capitalized family business. Commissioner Johnston inquired if it has been their experience to see other tenants come in after them. The applicant's representative explained the typical profile was that once an anchor store develops others follow. Commissioner Aldama asked how the store was designed to allow for drop-off of items. It was explained that there was a loading dock at the rear of the store. Commissioner Aldama asked if 6 May 2,2013 Planning Commission Minutes they also allow items to be dropped off after hours. The applicant's representative replied yes, however, there has not been a problem with over dumping and if it happens, it gets cleaned up quickly. Chairperson Petrone thanked him for his application and welcomed him to the area. He said that center was greatly in need of help and was glad this application has come forward. He asked him to keep Glendale in mind for other store locations. Chairperson Petrone asked for any additional questions. There were none. Chairperson Petrone opened the public hearing. Chairperson Petrone asked for any further discussion on this item. Jon M. Froke, AICP, Planning Director, agreed this center had seen better days and needs some TLC. He noted there is a current approval for a Circle K at the corner of 43`d Avenue and Glendale Avenue and staff was actively working on that application which will be developed later this year. Chairperson Petrone closed the public hearing on CUP13-04 Commissioner Lenox made a motion to approve CUP13-04 subject to the stipulations listed in the staff report. Commissioner Penilla seconded the motion, which was unanimously approved. Deborah Robberson, Deputy City Attorney said this is final approval by the Planning Commission subject to a written appeal if filed within 15 days. OTHER BUSINESS Chairperson Petrone called for Other Business. There was none. OTHER BUSINESS FROM THE FLOOR Chairperson Petrone called for Business from the Floor. There was none. PLANNING STAFF REPORT Chairperson Petrone asked if there was a Planning Staff Report. There was none. COMMISSION COMMENTS AND SUGGESTIONS Chairperson Petrone called for comments and suggestions. There was none. ADJOURNMENT With no further business, Commissioner Aldama made a motion to adjourn the meeting. Commissioner Penilla seconded the motion, which was approved unanimously. The meeting adjourned at 7:43pm. The next meeting is scheduled for May 16, 2013. 7