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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 5/16/2013 MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, MAY 16, 2013 7:00PM 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: Tabitha Perry, Assistant Planning Director, Deborah Robberson, Deputy City Attorney, Thomas Ritz, AICP, Senior Planner, and Suzie Ricard, Community & Economic Development and Recording Secretary. APPROVAL OF MINUTES Chairperson Petrone called for the Approval of Minutes. Commissioner Aldama made a motion to approve the minutes of the April 4, and April 18, 2013 Planning Commission Public Hearings. Commissioner Lenox seconded the motion, which was approved unanimously. 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. CUP13-05: A request by Guy Dryer, representing Pawn1st, for a Conditional Use Permit (CUP13-05) to allow a pawn shop in the C-2 (General Commercial) zoning district. The site is located west of the northwest corner of Bell Road and 63rd Avenue (6394 West Bell Road). Staff Contact: Thomas Ritz, AICP, Senior Planner (Sahuaro District). Thomas Ritz, AICP, Senior Planner, presented this item. He said CUP13-05 is a request by Guy Dryer, representing Pawn1st, for a Conditional Use Permit to allow a pawn shop in the C-2 zoning district. The site is located west of the northwest corner of Bell Road and 63rd Avenue. 1 May 16,2013 Planning Commission Minutes The proposed tenant space is 8,108 square feet on the far west end of the shopping center which will allow space for the retail business and storage for collateralized loans. There have been no recent land use actions, including rezoning, conditional use permits, and General Plan amendments that affected the property. The applicant has indicated that the tenant space has been vacated for 5 years. Located at 6394 West Bell Road at the west end of the shopping center, the proposed store hours of operation are Monday through Friday 10 a.m. to 7 p.m., Saturday 10 a.m. to 6 p.m., and closed on Sunday. The proposed store will not sell guns at this location. The shopping center currently includes a variety of general commercial businesses, including a tanning salon, army surplus store, stamp store, nail salon, sushi restaurant, liquor store, auto repair shop, and pub. The shopping center also has several other vacant shop spaces. A missing curb along the west side of the shopping center will be constructed as part of the approval of this use, so that traffic cannot drive into the dirt lot to the west. All parking in front of the pawn shop will be restriped to 10' by 20' spaces, new landscaping will be added to the parking lot in front of the pawn shop, and a handicapped ramp installed into the store. No modifications to the existing access points onto Bell Road or 63rd Avenue for the shopping center are proposed. No modifications to Bell Road or 63rd Avenue are proposed as part of this CUP. On March 18, 2013, the applicant mailed notification letters to adjacent property owners and interested parties. The applicant did not receive any response regarding the request. Planning received one telephone call in opposition from a resident of the Cactus District. He was concerned about the types of businesses coming into the community. A Notice of Public Hearing was published in The Glendale Star on April 25, 2013. Notification postcards of the public hearing were mailed to adjacent property owners and interested parties on April 25, 2013. Following the completion of the applicant's Citizen Participation Final Report, posting of the property and the mailing of the notification postcards by the City of Glendale, city staff received two telephone calls in opposition. The first was from the property owner to the west, who owns the dirt lot adjacent to the property and also the next parcel to the west, the site of the plant nursery at 6426 West Bell Road. She said she has owned these properties for 30 years, and she was concerned the use would bring down the neighborhood and attract a different type of clientele to the neighborhood. She felt the pawn shop would not be an asset to the neighborhood, dragging the neighborhood down, and that pawn shops usually bring problems. She felt the pawn shop could cause her to lose the nursery as a tenant, because the nursery attracts family types. She noted that she pays rental tax, the nursery pays sales tax, and the proposed pawn shop would have an impact on any future developer of the vacant parcel. The second telephone call in opposition came from the on-site operator of the mini-storage to the north. She noted that a lot of the mini-storage units are open to the shopping center to the south, across as exposed alley, including facing the location of the subject building. She was concerned about this use being a 24 hour operation. She noted she has three small children and that she already has problems with the tenants in the plaza, with people hanging around the liquor store and the bar at 2 and 3 o'clock in the morning. She felt the pawn shop would not bring the type 2 May 16,2013 Planning Commission Minutes of people she expected. She noted that she has been here for 10 years and noted a steady decline in the area, with people hanging around the liquor store. She stated that she knew what kind of people use a pawn store. The proposed use is consistent with the policies, objectives, and land use map of the Glendale General Plan and the purpose of the zoning district in which the site is located. In conclusion, Mr. Ritz stated this request appears to meet the required findings for CUP13-05 approval and should be approved, subject to the five stipulations listed in the staff report. Chairperson Petrone called for questions from the Commission. Commissioner Penilla inquired as to a discussion on page 2 about a missing curb that is meant to separate the property owned by the shopping center where the pawn shop would be and the vacant lot. He asked how soon the missing curb would be put in. Mr. Ritz explained that all stipulations have to be satisfied as part of any building plans for remodel of this vacant store prior to occupancy. Commissioner Penilla commented on the fifth stipulation regarding the police department. He asked for further information on what kind of due diligence has the Glendale Police Department preformed on this application. Mr. Ritz stated his discussion with the Police Department was that they monitor pawn shops in conformance with state law. The Police Department did not raise any concerns and felt their due diligence was adequate. Commissioner Penilla asked for additional clarification, asking what Glendale police discussed with other police departments regarding this matter. Mr. Ritz noted he did not know other than the discussed pawn shop regulations in general. Commissioner Penilla noted a comment in staffs report that pawn shops were similar in nature to second hand stores. He disagreed with staffs assessment noting that second hand stores do not require finger prints, physical descriptions, and regular reporting to sheriff departments. Mr. Ritz stated he was correct. However, added police felt that a person would think twice about attempting to go to a pawn store with stolen merchandize because of the regulations he mentioned. Commissioner Penilla asked if it was insinuated there was no correlation between property crimes and pawn shops. Mr. Ritz said no. However, he stated that in a previous pawn shop application, the police department did examine neighborhoods that had pawn shops and those that did not and the crime rate was equivalent. Commissioner Aldama asked what the process was in getting notification letters to the public. Mr. Ritz explained the process which was laid out in the zoning ordinance for both the citizen participation plan and the final report. Commissioner Aldama asked if there were criteria that questioned the transparency of the information that went in the information packets. Mr. Ritz explained staff had to be thorough and provide clear and detailed information to the public. 3 May 16,2013 Planning Commission Minutes Commissioner Aldama remarked that in the project narrative there was some mention of firearms but none in letters given to the neighbors. He said that concerned him and believes staff did not provide transparency in the letter. He said his next questions would be to the applicant. Commissioner Larson commented on staff's analysis that this application will not have an adverse effect on the adjacent properties or surrounding areas. He asked what steps were taken to determine that fact. Mr. Ritz stated that the controls this applicant had on his pawn operation was felt to be sufficient as well as having the other controls through Arizona statutes on the operation of pawn shops. He added that a large part of this business was title loans which are permitted by right in this zoning district. He noted that this was a heavily commercial area and with the limited hours of operation for this applicant in the shopping center, staff believes the application would not be materially detrimental to the area. He noted current tenants have longer hours. Commissioner Johnston asked to further discuss the detrimental concerns and adverse effects to the area. He said this issue was very important when making a long term decision that was in the best interest of the community. He inquired if staff had done any basic market analysis to demonstrate whether this was detrimental to property values or whether it actually adds value. He said there was nothing in the narrative that helps them with that aspect. Mr. Ritz explained he does not believe they had ever done a market analysis on any CUP application as to what the impact would be on an area. Commissioner Johnston replied he feels some businesses were unique and call for further analysis. Chairperson Petrone asked if any known issues would have surfaced when police and staff conducted their review. Mr. Ritz replied yes. Chairperson Petrone remarked then they can accept what their police department has done as their due diligence in investigating the applicants past history. Chairperson Petrone called for the applicant's presentation. Mr. Guy Dryer, applicant, stated he picked this location for several reasons. The first was that their product was under serviced in the area not only in pawn shops but also in title loans. There are no similar stores for miles around the service area. Second, there were only a few homes within a 500 foot radius of this site. He explained how pawn transactions take place. He said when a customer comes into a legitimate pawn shop in the state of Arizona, they first have to have a valid government issued ID to do the transaction. This transaction is videotaped and the customer also has to provide a finger print on the pawn ticket. Also, on the pawn ticket there is an area for "owners applied." This information will be entered and used to help the police department identify these goods to see if they have been stolen. They will work with Glendale police in reporting theft through a nationwide database which will be cross referenced within a 24 hour period with police reports for stolen property. As a result, they have very little stolen property because most thieves will not do business with a legitimate pawn shop since there is an extremely high likelihood that they will be caught. He said both the police and the county sheriff department audit them almost on a monthly basis to verify compliance. They are also required to pay the city of Glendale a $3.00 ticket fee per 4 May 16,2013 Planning Commission Minutes transaction or loan. He said a lot of pawn shops say they are different, however, he can honestly say they are different since their stores are more like a nice retail store and not an ordinary pawn shop. He explained the company's training and guidelines. He said their employees are required to carry a panic button in case of emergencies instead of a gun. Mr. Dryer noted their stores do not sell guns or distasteful items. He said their customer demographics were from all walks of life. He stated they offer VIP rooms for privacy and offer multiple lending and purchase options under one roof He said their stores were always neat, clean and organized. They also offer five day money back guarantee on all items sold out of their store. He noted that in four years of operation, they have not had any armed robberies or any issues with their customers to include additional safety precautions. He stated they have built many relationships in their business community at their nine locations over the past four years of operation. He was proud to say all neighboring businesses around their shops provided them with a good recommendation. He provided a list of businesses that provide a good reference and recommended their shop. Mr. Dryer commented on the two individuals that have opposed this application. He stated he reached out to both individuals and asked them to meet with him. He is sorry that neither accepted his offer to explain the business and see the operation first hand. He believes if Pawnl st was evaluated with an open mind, they would have no objection to their use. He said he will do everything in his power to ensure they are good neighbors to the community. He believes they will be a positive asset to this community and will work hard to build confidence with their neighbors and community. He said they were a local family owned shop and take pride in doing the best job possible. Chairperson Petrone thanked him for his time and application. Commissioner Johnston commented they listed themselves with an A rating with the BBB; however, they have dropped down to a B. Mr. Dryer stated he just noticed that too, however, does not know why yet. He explained the ratings go up and down when they don't get resolved immediately. He added he was not trying to hide it and honestly did not notice it. He said it was previously an A rating. Commissioner Johnston stated his research found the shop had some very good comments; however, they also had some negative ones. He explained that as an owner of a financial advisory firm, he would have difficulty advising any of his clients to purchase property anywhere near a facility like this. He added that even if the shop was nice it was simply the connotation aspect of it. Commissioner Penilla stated he has visited some of his stores in trying to do some research of his own. He mentioned the drop in rating that was not disclosed. Mr. Dryer explained he was in the business of providing the best customer service possible; however, some hourly employees don't always make the best decisions. He added they always try and resolve the issue as fast as possible. 5 May 16,2013 Planning Commission Minutes Commissioner Penilla asked Mr. Dryer to explain his statement that they do not deal with any distasteful items. Mr. Dryer explained he takes his kids into the shop almost every Saturday; therefore, there was nothing that might offend children. He said he does not sell porn or anything that people would not want to bring their children or grandchildren in to see. Commissioner Penilla inquired if a Nazi Swastika was considered distasteful. Mr. Dryer replied yes. Commissioner Penilla said he saw one at his shop under the glass when he visited the shop at Metro Center. Mr. Dryer explained they receive thousands of items and some will slip through the cracks. He stated he does his best to control that aspect but because of the volume, it does happen and they don't catch everything. Commissioner Penilla commented on Mr. Dryer's remark that they were similar to a bank. He believes that is not true since banks don't require fingerprints or statutory two day reporting to the sheriffs department. He explained it was important that a presentation not go too far in their assertions. Commissioner Penilla asked if any of his stores had ever been in violation of any of the laws governing pawn brokers pursuant to A.R.S. § 44-1621. Mr. Dryer explained that when he started this business he had to deal with some of the worst pawn shops in the valley. He said he was a general contractor and a licensed real-estate agent and did not come from this business. He said he terminated everyone that worked in the shop since they were all gangsters or not the type of employees that he wanted to deal with. He wanted to have his employees wear uniforms and not falling down pants as was the style for them. As a result, he had to start with a whole new staff which had made some clerical errors in the store in Mesa. Consequently, because of the errors that were not listed correctly, they prosecuted and wanted him to go to jail for 60 days for five different clerical error violations. He said they eventually dropped the case. Commissioner Penilla asked how long he had been a licensed pawn broker. Mr. Dryer replied four years. Commissioner Penilla asked if he has had any violations in the past. Mr. Dryer stated he had a problem in Mesa and one at Metro Center at around the same time. He explained the situation. Commissioner Penilla asked if he had ever had his license suspended. Mr. Dryer replied it was suspended for two days at the Metro Center which involved clerical errors on pawn tickets. He explained the details in which each item has to be reported and cataloged. He noted he has not had any issues in the last two years. Commissioner Penilla asked if he had ever had a CUP denied anywhere. Mr. Dryer replied no and added this was the first time he has had any opposition whatsoever. Commissioner Larson commented that the perception of a pawnshop was that they take advantage of people in need. He asked if he knew the percentage of how many people actually came back and paid the loan and received their item back. Mr. Dryer stated his business was here to help people not hurt them. He said for the people that come into his shop, this was their last option. The percentage of them coming back for their item was 75%to 80% of the time. He talked about an 80 year old customer who was 90 days past due on her loan and he did not take her items. He noted he was in this business for the long haul as well as to help people and not hurt them. 6 May 16,2013 Planning Commission Minutes Commissioner Aldama remarked he noticed Mr. Dryer getting a bit frustrated with the questioning. He explained that each of the Commissioners have to ask the right questions in order to make the best decision as they represent the citizens of Glendale. Mr. Dryer apologized stating he was not upset, only very passionate about his business and was sorry he was coming off that way. Commissioner Aldama stated he was a proud firearms owner and he frequents pawn shops. He said he likes pawn shops and would like to clarify that Glendale does have good pawn shops that run a good business. Commissioner Aldama stated that in the project narrative there was mention of firearms but none in letters given to the neighbors. He noted that fact concerned him and believes staff did not provide transparency in the letter. He explained that Pawn1st does buy firearms, however, does not sell them. Mr. Dryer explained they do buy but not sell firearms at any of their stores; however, the public can go on line and purchase them at their Tempe store. Commissioner Aldama suggested he be clearer next time in his description of firearms. He noted he might have had more opposition if the public knew that fact. Commissioner Aldama commended him for his community involvement and efforts. He listed items typically sold at pawn shops including jewelry, electronics, video games etc. He wanted to ensure the public knew they also sold items that families wanted. He supports pawn shops and wants them to be an asset to the community. Chairperson Petrone stated he visited one of his pawn shops with his wife who had never visited one before. He said she was pleasantly surprised with the staff and the spotless store. He said his family has been in the construction business for over 100 years. Therefore, when things get tough those families can't easily bring a compressor, generator or a set of tools to the bank for money. He explained this was a good place to go when in a bind and a good service to have. He also visited the neighboring shops and all had no objection to this shop since they want their center busy and full. He noted the property has been vacated for the past five years and this was a good opportunity for the area. He believes this was an excellent business and appreciates Mr. Dryer's passion for it. Commissioner Johnston asked who appraised the items. Mr. Dryer said he gets the call on items over $5,000 or more. However, anything over $500 he has a person who takes care of that but anything under $500, staff can take care of He explained the process for evaluating the piece and what associates they use. He said they at times loan up to 100% on an item because of the history they have with the client. Commissioner Johnston asked how the interest rate was determined. Mr. Dryer replied it was state mandated and was the same for everyone. Chairperson Petrone opened the public hearing. Lisa Kazan, Jewel Investment Company, LP, stated she owned the seven acres directly to the west of the proposed site location. She said her family has owned the property for almost 40 years. She said they were there before Arrowhead Mall was built and have been a big supporter 7 May 16,2013 Planning Commission Minutes of the city of Glendale for many years. She stated her letter outlined her reasons for opposing the pawn shop. She believes it will have a negative connotation to the area and feels it brings the neighborhood down just like a used furniture store would. She was very fearful the neighborhood was going to become like east Bell Road with used run down stuff. Ms. Kazan discussed her plans for the development of the vacant area. In regards to staff's findings, she definitely believes a pawn shop will have an adverse effect to the surrounding area and her property. She said the very site of a pawn shop has a negative connotation. She also questioned staff assertion that the size and shape was adequate to accommodate the intended use since it seems too small for parking and maneuvering. She was also concerned with excess junk outside the property. She respectfully asked the Commission to deny this request since she is not in favor of having a pawn shop next door. She said she had a multimillion dollar investment and was the owner of 7 %2 acres of vacant property while Pawn1st was only a proposed tenant for a small 1 %2 acre property. She noted they have been a good a neighbor and have abided by all of City of Glendale's rules and regulations for almost 40 years. She believes she has the potential to bring in a great tenant that will bring in great revenue since she knows a lot of people in the commercial real-estate broker area. Commissioner Penilla noted that Ms. Kazan has been in attendance and has been listening to the pointed questions he has asked the applicant. Therefore, he also has some questions he would like to ask her. He said since she has brought up the issue of clientele, he would like to know why she has such an issue with this application since in the shopping center there was also a tattoo parlor, liquor store, tanning salon, bar and a weapons dealer. He asked how the clientele of Mr. Dryer's business would have a much different effect on her property than the clientele of those businesses in the area now. Ms. Kazan explained her clients cannot see the other side because the auto shop blocks it from view since it was L shaped. She noted tattoo parlors and liquor stores were now for the middle class, however, pawn shops were for people who were desperate and in distress. Commissioner Penilla asked if she was basing this on her personal observations. Ms. Kazan said yes. Chairperson Petrone asked if she was in approval of the Goodwill that just opened down the street or did she feel that brought the neighborhood down as well. Ms. Kazan replied that store was not right next door to her. Commissioner Aldama thanked her for being here today. Ms. Kazan said when car and title loan stores start accumulating in one place, it shows the neighborhood was going downhill. Commissioner Aldama noted Ms. Kazan was a very successful woman; however, many people were not so lucky and needed help. He believes Mr. Dryer's business provides that help. He hopes both parties can come together and have an understanding. He reiterated his appreciation for her taking the time to express her views. Chairperson Petrone also thanked Ms. Kazan for attending tonight. Chairperson Petrone asked for any additional questions. There were none. 8 May 16,2013 Planning Commission Minutes Chairperson Petrone asked the applicant for any closing remarks. Mr. Dryer stated he appreciated Ms. Kazan's concerns. He agrees pawn shops have a negative stigma to them and he was trying to change that notion. He clarified that some stores have outside storage areas available. However, they would not be doing large items at this location; therefore, there was never any junk out front. He explained they take pride in their organization and in how their business looks. In regards to traffic, they were not a Wal-Mart or have early bird specials that require a lot of traffic and parking. He said they have trickle in and out business throughout the day. Chairperson Petrone closed the public hearing on CUP13-05. Commissioner Aldama made a motion to recommend approval of CUP13-05 subject to the stipulations listed in the staff report. Commissioner Lenox seconded the motion. Approved with a vote of 5-1. Commissioner Johnston voted no. 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 were 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 June 6, 2013. 9