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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 10/24/2013 CITY OF GLENDALE PLANNING COMMISSION SPECIAL MEETING MINUTES CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY OCTOBER 24,2013 6:00PM CALL TO ORDER The meeting was called to order at approximately 6:00 pm. Commissioners Present: Chairperson Petrone (Cholla), Vice Chairperson Larson (Mayoral), Commissioner Penilla (Sahuaro), Commissioner Lenox (Barrel), Commissioner Johnston (Cactus), and Commissioner Aldama(Yucca) were present. Commissioners Absent: Commissioner Molina, (Ocotillo)was absent. City Staff Present: Jon M. Froke, AICP, Planning Director, Deborah Robberson, Deputy City, Karen Stovall, Senior Planner, Remigio Cordero, Planner, and Diana Figueroa, Recording Secretary. APPROVAL OF MINUTES Chairperson Petrone called for the approval of minutes. Commissioner Penilla made a motion to approve the minutes of the August 1, 2013 Planning Commission Public Hearing. Commissioner Lenox seconded the motion, which was approved unanimously. Commissioner Aldama made a motion to approve the minutes of the August 15, 2013 Planning Commission Workshop. Vice Chairperson Larson 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. CUP13-06 A request by Delfina Amarillas, representing Eliseo Gomez Castillo, to approve a Conditional Use Permit to allow live entertainment and patron dancing in the C-2 (General Commercial) zoning district. The site is located at the southeast corner of 59th Drive and Bethany Home Road (5939 West Bethany Home Road). The site is located in the Ocotillo District. 1 Planning Commission Minutes October 24,2013 Karen Stovall, Senior Planner, provided the summary. She said Case CUP13-06 was a request by Defina Amarillas, representing Eliseo Gomez Castillo, for a conditional use permit to allow live entertainment and patron dancing in the C-2 (General Commercial) zoning district. Ms. Stovall said the applicant proposes a banquet hall in an existing 5,176 square foot building with an outdoor patio. The property owner has made upgrades to the site following the approval of the Design Review application in October of 2012. The site is located in the Ocotillo District. The proposed hours of operation are Sunday through Thursday from 8:00 am to 10:00 pm and Friday through Saturday 6:00 pm to 2:00 am. The applicant held a neighborhood meeting on January 7, 2013. She said 10 individuals expressed several concerns including loud noise, loitering, shooting, drugs and fights. The individuals suggested providing a fence barrier. Other concerns were homeless individuals gathering in the area. The applicant stated they were willing to work with the neighborhood to address these issues. Ms. Stovall stated that after working with staff to address the neighborhood's concerns, the applicant sent an email that contained a follow up letter explaining how they had modified their proposal and how they had addressed their concerns. Neither the applicant nor city staff has heard any response. In conclusion, Ms. Stovall stated this request appears to meet the required findings for approval and should be approved, subject to the stipulations listed in the staff report. Chairperson Petrone called for questions from the Commission. Commissioner Penilla asked if it was known how long the restaurant that was previously there was in operation. Ms. Stovall noted she was not sure. Commissioner Penilla expressed his concern regarding the loud music and liquor consumption particularly when bringing additional liquor and drinking past closing time. He said he had some concerns with the late 2:00 am shut down. Ms. Stovall stated the applicant would be inclined to restrict the ending time to 1:00 am. Commissioner Penilla commented on the wonderful remodeled building and what a good job they had done on it. He noted it was a good investment for the applicant. However, he wanted to make clear on the valid concerns regarding the noise and liquor consumption disruption for people who live in close proximity. Commissioner Aldama remarked on his recent visit to the establishment. He said he met with the owner as well as some home owners. He noted that the people he spoke with were glad this facility had been improved as opposed to how it was previously. He added they were also excited the applicant had agreed to place the barrier between the homes and business. However, some still had concerns regarding the music and party goers extending the closing hours. He also talked about his concerns regarding a trash container area that could be used by homeless people. Commissioner Lenox asked what type of activities the patio would be used for. Ms. Stovall stated the patio will be used for children's parties when the weather was appropriate. 2 Planning Commission Minutes October 24,2013 Ms. Stovall stated that in regards to the trash container, the property owner is required to bring the trash enclosure up to city standards by including a decorative masonry enclosure and gates. Commissioner Aldama inquired that if tonight's vote is positive, could the trash container be placed there immediately as a deterrent to individuals who might want to use that area. Ms. Stovall stated that would be up to the applicant. Chairperson Petrone called for the applicant to make a presentation. Ms. Delfina Amarillas, applicant's representative, stated she was here to answer any questions. She said staff had done a good job on the staff report. She noted they were eager to open and get started. Chairperson Petrone called for questions from the Commission. Commissioner Aldama asked if approved, would the applicant move to have the trash container occupy that space immediately. Ms. Amarillas replied yes. Commissioner Penilla asked if they would consider rolling back the time from 2:00 am to midnight. Ms. Amarillas stated they would consider a 1:00 am closing time. Commissioner Johnston inquired about security. Ms. Amarillas stated they will have off-duty police officers. Vice Chair Larson asked how they plan to control event goers. Ms. Amarillas explained they have three staff members during scheduled parties. Chairperson Petrone asked if there will be a designated person in charge of the venue at all times including the bar. Ms. Amarillas replied yes. Commissioner Aldama discussed the doors in the back of the building and how they will be operated during and after closing the facility. Chairperson Petrone opened the public hearing. There were no speakers. Since there was no further discussion,the public hearing on CUP13-06 was closed. Commissioner Aldama made a motion to APPROVE CUP13-06 subject to the stipulations listed in the staff report and with the addition of stipulation 4: All event activities occurring Friday through Saturday shall end by 1:00am. Commissioner Lenox seconded the motion, which was approved unanimously. Deborah Robberson, Deputy City Attorney, said this is final approval by the Planning Commission subject to a written appeal if filed within 15 days. 3 Planning Commission Minutes October 24,2013 CUP13-07: A request by Bill Jachimek, owner of Pawn Daddy, for a Conditional Use Permit to allow a Pawn Shop in the C-2 (General Commercial) zoning district. The site is located north of the northwest corner of 67thAvenue and Bethany Home Road (6710 West Bethany Home Road). The site is located in the Ocotillo District. Remigio Cordero, Planner, said this is a request by Bill Jachimek, owner of Pawn Daddy, for a Conditional Use Permit to operate a pawn shop in the C-2 (General Commercial) zoning district. He said the property is located at 6710 West Bethany Home Road, which is located north of the northwest corner of 67th Avenue and Bethany Home Road. He explained that Pawn Daddy is proposing to occupy a tenant suite that is 4,780 square feet in size within an existing shopping center and will allow space for the retail business and storage for collateralized loans. The proposed store hours of operation will be from Monday through Saturday 9:00 am to 7:00 pm and Sunday 10:00 am to 5:00 pm. He noted the pawn shop owner has stated that guns will not be sold and auto title loans will not be given at this location. On July 29, 2013, the applicant mailed out 166 notification letters to adjacent property owners and interested parties informing them of a neighborhood meeting. On August 14, 2013, the applicant's neighborhood meeting was held. In attendance were the applicant and his staff, and city staff. He stated that no one from the surrounding neighborhood or from the interested parties list attended the neighborhood meeting. Additionally, Planning received one letter in opposition after the neighborhood meeting. He explained the interested party member cited that another pawn shop is not needed in the City of Glendale. He said the applicant did not know how to address the interested party member's concern and cited reasons within the Citizen Participation Final Report. Mr. Cordero stated that in regards to the findings, the General Plan designation for the property is PC and the property is currently zoned C-2. He said pawn shops are allowed in this zoning district subject to the approval of a conditional use permit. He added that approval of the CUP request will not have an adverse effect on the adjacent properties or surrounding area. Additionally, this site is adequate in size and can accommodate a pawn shop. He added that the Fry's Bethany Plaza is 7.61 acres in size and the entire shopping center has gone through a remodel with upgrades to the exterior elevations and landscaping. He noted the proposed pawn shop will have adequate access to two major arterials, 67th Avenue and Bethany Home Road. There is sufficient on-site circulation with drive aisles meeting the Fire and Transportation Departments' width requirements. The parking provided meets the development standards and requirements for a shopping center use. He stated the Police Department has reviewed this application and visited another Pawn Daddy location in Metropolitan Phoenix. The police department did not express any concerns with the proposed land use and supports this request. He said all applicable city departments have reviewed the application and recommend approval of the application. Mr. Cordero noted the two stipulations were that the development shall be in substantial conformance with the site plan, dated September 1, 2013, and the project narrative, dated 4 Planning Commission Minutes October 24,2013 September 1, 2013. The second stipulation is that adult-oriented material shall not be sold within this store. In conclusion, Mr. Cordero stated this request appears to meet the required findings for approval and should be approved, subject to the stipulations listed in the staff report. Chairperson Petrone called for questions from the Commission. There were none. Chairperson Petrone called for the applicant to make a presentation. Jim Edwards, applicant's representative, stated he agreed with staff presentation and will answer any questions. Commissioner Lenox had a question regarding gun sales. Mr. Edward stated they will not have gun sales at that location. John Riva, Fry's property owner, stated he was here to answer any questions. There were no questions for him from the Commissioners. Chairperson Petrone called for questions from the Commission. Commissioner Aldama noted said he had visited the site and talked to some concerned citizens in the parking lot for about an hour and a half. He stated the concerns were about having a pawn shop in a family oriented business shopping center. He believes this was the only pawn shop in Glendale that was near a grocery store. He asked the applicant for some assurances to convey to the community that they will work with the community to make this a family location. William Jachimek, applicant, stated they were a family owned business and will work with the community. He explained that pawn shops have had a bad name stemming from many years ago. However, their shop is different and has very high standards. He said that they do not advertise selling guns or have sidewalk sales. Chairperson Petrone opened the public hearing. There were no speakers. Since there was no further discussion,the public hearing on CUP13-07 was closed. Commissioner Aldama made a motion to APPROVE CUP13-07 subject to the stipulations listed in the staff report. Vice Chairperson Larson seconded the motion, which was approved unanimously. Deborah Robberson, Deputy City Attorney said this is final approval by the Planning Commission subject to a written appeal if filed within 15 days. CUP13-08: A request by Delfina Amarillas, representing Jairo Tellez for a Conditional Use Permit to allow live entertainment in the C-2 (General Commercial) zoning district. The site is located west of the northwest 5 Planning Commission Minutes October 24,2013 corner of 55thAvenue and Camelback Road (5630 West Camelback Road). This site is located in the Cactus District Remigio Cordero, Planner, said this is a request by Delfina Amarillas representing the owner Jairo Tellez for a Conditional Use Permit to have live entertainment in the C-2 (General Commercial) zoning district. He said the property is located at 5630 West Camelback Road, which is located west of the northwest corner of 55th Avenue and Camelback Road. Mariscos Vuelve a La Vida #2 currently operates a seafood restaurant that occupies five suites within an existing shopping center. He noted the total square footage of the restaurant is 3,600 square feet. He explained the owners of the restaurant want to provide live music for their clientele seven days a week from the hours of 4:00 pm until 10:00 pm. Additionally, there will be a 96 square foot area in the western portion of the tenant suite where the bands consisting of two to ten musicians can utilize and perform. He added there will not be a dance floor and the restaurant will not be rented out for private use for private parties. On August 29, 2012, the applicant mailed 182 notification letters informing the adjacent property owners and interested parties that a neighborhood meeting was to be held on September 12. He stated there were six people in attendance at the applicant's neighborhood meeting. He said two residents were worried that the music would travel beyond the boundaries of the establishment. He explained the applicant assured the residents that the live music will remain indoors at all times. He stated this statement addressed the residents' concerns and they were in support of the request. Mr. Cordero stated there was one additional response received after the initial Citizen Participation process from a City of Phoenix resident that lives southwest of this shopping center across Camelback Road. The Phoenix property owner's complaint was that the music will travel through the buildings glass windows and into the Phoenix neighborhood that is located directly south. He said the property owner stated that it would be better off that there not be any live music indoors in the immediate area. He cited a previous grand opening special event that was held in the parking lot outside in front of a neighboring cell phone retail shop which is located in the shopping center. He said the property owner noted that business owner of that retail shop directed their music out into the neighborhood at 2:00 pm in the afternoon. Therefore, it was conveyed to the Phoenix resident that the cell phone retailer did not abide by the conditions set forth in the special event and they were informed of their noise issue. He noted the retailer has not applied for another special event since the last event which was held on February 2013. Mr. Cordero stated that in regards to the findings, the proposed live entertainment is consistent with the policies of the General Plan and the purpose of the C-2 zoning district. He said live entertainment facilities are permitted in this zoning district subject to CUP approval. He added that the proposed use will not be materially detrimental to or have an adverse effect on the surrounding neighborhood or the city. The live entertainment will take place inside the restaurant only. He said this request is for bands with more than one musician to perform while patrons of the restaurant consume their food. Additionally, the owner has indicated that there will not be a dance floor in this building and that the live entertainment will not play beyond the closing of the restaurant, which is 10:00 pm. He said the site is adequate in size and shape to 6 Planning Commission Minutes October 24,2013 accommodate the proposed live entertainment facility and all requirements for the zoning district will be met. He stated the site has adequate access to public streets and on-site circulation to carry the type and quantity of traffic that may be generated by the proposed use. Also, the adjacent arterial street and existing parking lot are adequate to support any additional traffic that may be generated. He noted that all applicable city departments have reviewed the application and recommend approval. He mentioned the owner of the restaurant has obtained the proper permits and completed inspections with the Community and Economic Development Department to open a restaurant. Mr. Cordero noted the three stipulations were that development shall be in substantial conformance with the project narrative, dated August 7, 2013, and the site plan and floor plan dated September 18, 2013. Second, the building occupancy load shall not be increased without formal application and approval through the Building Safety Division and Fire Department and third, the live entertainment shall end simultaneously with the closing of the restaurant at 10:00 pm. In conclusion, Mr. Cordero stated this request appears to meet the required findings for approval and should be approved, subject to the stipulations listed in the staff report. Chairperson Petrone called for questions from the Commission. Vice Chairperson Larson commented that the music was for ambiance when patrons were eating their meal. Commissioner Penilla commented on the 10:00 pm closing time and that there will be no music after that time. Chairperson Petrone called for the applicant to make a presentation. Delfina Amarillas, applicant's representative, stated she was here to answer any questions the Commissioners may have. Chairperson Petrone opened the public hearing. Craig Anderson, resident, stated his concerns regarding this application. He cited loud music, car noise and attracting the bad element to the neighborhood that had many young children that live in the area. He said he has lived in the area since 1960 and has seen the neighborhood change dramatically. Commissioner Penilla asked if he was a resident of Glendale. Mr. Anderson stated he resides in the City of Phoenix near Camelback Road. Chairperson Petrone commented on the probability of having only one musician in the restaurant. 7 Planning Commission Minutes October 24,2013 Commissioner Johnston agreed stating that he could not imagine the restaurant accommodating a large band performing inside. The Commission discussed adding the ending time of 10:00 pm to stipulation number three. Since there was no further discussion, the public hearing on CUP13-08 was closed. Commissioner Aldama made a motion to APPROVE CUP13-08 subject to the stipulations listed in the staff report. Commissioner Lenox seconded the motion, which was approved unanimously. Deborah Robberson, Deputy City Attorney, said this is final approval by the Planning Commission subject to a written appeal if filed within 15 days. CUP13-09: A request by Angela Bryan for a Conditional Use Permit to allow a Home Child Care Center (home daycare) for no more than 10 children in the R1- 6 (Single Residence) zoning district. The site is located west of the southwest corner of 47th and Carol Avenues (4821 West Carol Avenue). This site is located in the Cactus District. Remigio Cordero, Planner, presented this item stating this is a request by Angela Bryan for a Conditional Use Permit for a Home Child Care Center in the R1-6 (Single Residence) zoning district. He stated the property is located at 4821 West Carol Avenue, which is west of the southwest corner of 47th Avenue and Carol Avenue. He explained the applicant is proposing to supervise no more than ten children from the times of Monday through Friday, 5:00 am to 5:30 pm. He noted the children will be watched within a 1,777 square foot home. He added there is a backyard grass area where children can play that is secured by a masonry block wall. He said the applicant does not have a pool on the property. He indicated the parents will be able to park off the street on the applicant's driveway and in front of the home along Carol Avenue when they are dropping off and picking up their children each day. He noted the applicant has recently filed with the Arizona State Department of Health to be certified as a child care provider. Mr. Cordero stated that on August 8, 2013, the applicant mailed 105 notification letters to adjacent property owners and interested parties. The applicant received three responses from neighbors looking for more information regarding their request. He explained that after they were contacted by the applicant, all three were in support of the request. He said that Planning did not receive any response regarding the request. Mr. Cordero stated that in regards to the findings, the existing home is adequate for the applicant to have a child daycare business for ten children. He said the R1-6 zoning district permits a home child care business subject to CUP approval. He added that the proposed use of a home child care will not have an adverse effect on the surrounding neighborhood or city. The operation schedule for the home daycare use is during traditional business hours of 5:00 am to 5:30 pm, Monday through Friday. 8 Planning Commission Minutes October 24,2013 Additionally, the home is adequate in size and shape for the children to be supervised indoors and outside in the rear yard area. He stated the rear yard is secured with a masonry block wall and there is a grassy area for children to play. In all, the residence meets all development standards for the R1-6 zoning district. He indicated that Carol Avenue is the public street that provides immediate access to the home. This site can accommodate off street parking as well as parking in front of the home without parents interfering with other neighboring driveways. He noted that all applicable city departments have reviewed the application and recommend approval of the application. Mr. Cordero noted the two stipulations were that the development shall be in substantial conformance with the site plan and floor plan dated September 23, 2013 and the project narrative dated September 18, 2013 subject to design review approval by the Community and Economic Development Department. Secondly, if the conditional use permit is approved, the applicant's State Department of Health application will need to be finalized and approved. The applicant shall provide an approved state certificate to the city to be placed on file with the Planning Division. In conclusion, Mr. Cordero stated this request appears to meet the required findings for approval and should be approved, subject to the stipulations listed in the staff report. Chairperson Petrone called for questions from the Commission. Commissioner Penilla stated he had serious concerns regarding this application which he had brought up to Mr. Cordero prior to the meeting. He said he was very concerned that the applicant had yet to be approved by the State Department of Health. He indicated that their vigilance and awareness should be high since they were dealing with the most vulnerable citizens of the community. He cited several issues and concerns he has dealing with this daycare being in a residential area, the ratio of children, and having no certification from the State Department. He was not sure why they were applying for this application first before the certification from the state. He believes this process was backwards putting the cart before the horse. He might even consider tabling this item until some of these issues were discussed. Chairperson Petrone stated Commissioner Penilla has brought up some good points and concerns regarding this application. He asked staff to enlighten them on why they had recommended approval so they can better understand the staff's thought process. Mr. Cordero explained that the State Department of Health would not approve the applicant's request until the City of Glendale approved their request. He further explained that if this application is approved,the applicant can proceed forward with obtaining a license with the State Department of Health. Once the applicant obtains a license, then that license would be placed in the applicant's public file here at the City. Chairperson Petrone said that what he understood from staff's explanation was that this request was feasible and something that could be done by staff standards which was part of the reason it was recommended. However, for this application to move forward, the applicant still needs to 9 Planning Commission Minutes October 24,2013 get approved by the state. He added that the Commission was not the final say in this application moving forward and they were simply making a zoning decision. Deborah Robberson, Deputy City Attorney, stated that staff understands the Commission's concerns. She said one of the solutions could be to add a stipulation that the CUP is conditioned upon the applicant obtaining and maintaining in good standing the proper certification from State Department of Health. Chairperson Petrone called for the applicant to make a presentation. Angela Bryan, applicant, explained her process of taking care of children. She provided information on the ratio of children as well as the age limit. She said she has been doing this for many years and comes highly recommended. She understands their concerns since she knows there are a lot of unqualified daycare providers that are currently operating. She explained that after she gets this approval she will go through a very extensive eligibility process with the state. She explained she will have regular visits from the state to interview and look at meal logs as well as inspect the property. Chairperson Petrone stated she had been very convincing and obviously knew what she was doing and talking about. Commissioner Aldama commented she had picked a good location for quick pick-up and drop- off as well as parking. Ms. Bryan said she purchased the property with the daycare in mind. Commissioner Johnston commented he was glad to have these types of facilities that were affordable in the community. Commissioner Lenox inquired about smoke detectors. Ms. Bryan stated she was inspected by the Fire Department and was told the requirement was only two; however, she added smoke detectors throughout the house. Chairperson Petrone opened the public hearing. There were no speakers. Since there was no further discussion, the public hearing on CUP13-09 was closed. Commissioner Johnston made a motion to APPROVE CUP13-09 subject to the stipulations listed in the staff report. Commissioner Lenox seconded the motion, which was approved unanimously. 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. 10 Planning Commission Minutes October 24,2013 PLANNING STAFF REPORT Chairperson Petrone asked if there was a Planning Staff Report. Mr. Froke updated the Commission on Arrowhead Cadillac, Midwestern University and Glendale Centerline restaurant projects currently being worked on around the City of Glendale. He added these projects were moving along nicely and are an asset to the community. COMMISSION COMMENTS AND SUGGESTIONS Chairperson Petrone called for Comments and Suggestions. Chairperson Petrone thanked the Commissioners for always coming prepared to the meetings and for their dedication to the City of Glendale. He also thanked staff for all their hard work. ADJOURNMENT With no further business,the meeting adjourned at 8:28 pm. The next meetings are scheduled for November 7, 2013, workshop at 5:00 pm followed by a public hearing at 6:00 pm. 11