Loading...
HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 2/20/2014 MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,FEBRUARY 20,2014 6:00 PM CALL TO ORDER The meeting was called to order at approximately 6:02 p.m. Commissioners Present: Chairperson Petrone, Vice Chairperson Larson, Commissioner Johnston, Commissioner Aldama, and Commissioner Berryhill were present. Commissioners Absent: Commissioner Penilla and Commissioner Lenox City Staff Present: Jon M. Froke, AICP, Planning Director, Tabitha Perry, Assistant Planning Director, Deborah Robberson, Deputy City Attorney, and Diana Figueroa, Recording Secretary. Other Staff Present: David McAlindin, Economic Development Official, Chris Lemka, Principal Traffic Engineer, Thomas Ritz, AICP, Senior Planner, Councilmember Sherwood, Sahuaro District, and Sam McAllen, Acting Assistant City Manager APPROVAL OF MINUTES Chairperson Petrone called for the Approval of Minutes. Commissioner Johnson made a motion to approve the minutes of the February 6, 2014 Planning Commission Workshop. Vice Chairperson Larson seconded the motion, which was approved unanimously. Vice Chairperson Larson made a motion to approve the minutes of the February 6, 2014, Planning Commission Public Hearing. Commissioner Aldama 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. GPA14-01 /ZON14-01: A request by Withey Morris, representing American Furniture Warehouse, to amend the General Plan land use designation on approximately 47 acres from Entertainment Mixed 1 February 20,2014 Planning Commission Minutes Use (EMU) to Planned Commercial (PC); and to rezone an existing PAD (Planned Area Development) currently known as "Bella Villagio" to a new PAD to construct a mixed use development titled "Bethany 101." The site is located at the southeast corner of 99th Avenue and Bethany Home Road (9801 West Bethany Home Road) and is in the Yucca District. Staff Contact: Tabitha Perry, Assistant Planning Director Tabitha Perry, Assistant Planning Director, said this is a request by Withey Morris PLC representing American Furniture Warehouse. The applicant has two requests and they were presented simultaneously; however, two separate votes must take place. The property is approximately 47 acres and is located at the SEC of 99th Avenue and Bethany Home Road. The first request is to amend the general plan land use designation from Entertainment Mixed Use to Planned Commercial. The second request is to rezone the property from a Planned Area Development titled Bella Villagio to a Planned Area Development titled Bethany 101. Ms. Perry provided background information regarding the Bella Villagio PAD. The mixed use development would allow for retail, hotel, office and residential land uses with maximum building heights ranging from 76 to 332 feet. The proposal for Bethany 101 will also allow for a mixed use development. The application outlines several specific land uses in addition to the permitted land uses identified in the Commercial Office and General Commercial zoning districts with a maximum building height of 60 feet. The rezoning application also includes a master sign package. Two components of the sign package would be to allow two digital freeway signs with a height of 66 feet and a total of four monument signs(one along Bethany Home Road and three along 99th Avenue). She said provided the applications are approved, an end user has been identified as American Furniture Warehouse which will consist of a retail showroom, warehousing of merchandises and other furniture business related uses. The applicant complied with the Citizen Participation Process. A neighborhood meeting was held on February 3, 2014. The applicant's team and Planning staff was present to address questions. Councilmember Sherwood was the only one who attended the meeting and asked general questions about the project. The applicant and city staff has addressed inquiries from representatives of the John F Long property as it relates to street improvements along 99th Avenue. During the review processes, Transportation staff reviewed and deemed the proposed improvements along 99th Avenue to be acceptable. Staff completed an analysis of the two requests and determined that the General Plan amendment is consistent with the policies and objectives of the General Plan and implements Economic Development Elements of the General Plan as it relates to employment and shopping opportunities. It is staff recommendation that GPA14-01 should be recommended for approval as written. 2 February 20,2014 Planning Commission Minutes In conclusion, the rezoning application allows for reasonable and appropriate permitted land uses. The Master Sign Package would allow for signage that appears to be reasonable for future development. City staff has reviewed the application and identified appropriate stipulations for development of the site. It is staff recommendation that ZON14-01 should be recommended for approval, subject to the stipulations contained in the staff report. Chairperson Petrone called for questions from the Commission. Vice Chairperson Larson asked for clarification of the stipulations regarding the distance between billboards and the height. Ms. Perry explained the applicant is requesting the building height be the maximum 66 feet. Because this is a PAD proposal, staff believes the height is appropriate. The stipulation indicates, outside of the distance requirement, all applicable ordinances would apply. Commissioner Berryhill said one of the prohibited uses is an auto repair, however, the applicant has indicated there will be truck repair taking place inside the building. Ms. Perry stated the vehicle repair will take place within the building and will be for fleet vehicles only. She said it would be for mainly for vehicle maintenance. She added the concern is with the undeveloped approximate six acres, another user would not be allowed to operate an automotive repair shop. Chairperson Petrone called for the applicant to make a presentation. Mike Withey, Withey Morris, introduced himself and said he was representing American Furniture Warehouse (AFW). Mr. Withey said they have worked diligently with staff. He cited the AFW store in Gilbert with this proposal being the second store in Arizona. He stated they have fulfilled all the requirements made to the town of Gilbert. He said they anticipate sales to be in excess of$100,000 million each year which will generate significant sales tax for the city of Glendale. This facility will open with 300 new jobs and they are anticipating additional jobs available as the facility matures. He said when they met with staff the Bella Villagio PAD had many permitted uses and noted retail uses were permitted. He said this is a change in direction and it is appropriate and would be more transparent to amend the PAD. He said this is a perfect location for this type of business as it will be a regional draw in the west valley. Mr. Withey stated he would provide any details the Commission requests. Mr. Withey said this proposal is a decrease in square footage which decreases traffic significantly. Mr. Withey stated he is in agreement with staff's stipulations as written in the staff report. He would like to clarify that truck repair was included in the permitted uses but specifically listed truck repair and maintenance within an enclosed building accessory to a furniture showroom and sales. This will prohibit auto repair on the property not being developed to the south. He stated he is available for questions. 3 February 20,2014 Planning Commission Minutes Commissioner Aldama asked Mr. Withey to discuss the salaries of the proposed jobs. Mr. Withey stated there would be jobs in retail as well as the warehouse facility and management positions available. He said wages would begin at$14.00. Commissioner Aldama questions if any of those positions are dedicated to Glendale residents only. Mr. Withey said no. In response to a question from Commissioner Aldama, Mr. Withey said there are approximately 300 employees at the Gilbert facility. Commissioner Berryhill asked for assurances in following the EPA guidelines regarding the disposable of hazardous materials from the trucking fleet. Mr. Withey said they must comply with Arizona Department of Environmental Quality and Maricopa County Health Department and will do so. Commissioner Aldama questioned if there are diesel mechanics. Mr. Withey said this is an in- house program for truck maintenance and is for internal use only. He added trucks would be arriving from out of state. Chairperson Petrone opened the public hearing. Mr. Stephen Anderson, Gammage & Burnham, 2 North Central, distributed information to the Commission. Mr. Anderson stated he is representing the John F. Long Family Revocable Trust. He indicated the Family is in agreement with the height of the structure as well as the height of the signage, of which there are two. He said they also have no concern regarding the truck repair and maintenance located indoors. He said the Family owns the property west of the subject property. He said they are not opposed to AFW proposed land use. Also, they are not opposed to American Furniture Warehouse begin construction on at-risk permits. He said delaying these applications should not impact their construction currently underway. Mr. Anderson said the concern is 99th Avenue. He stated this is a fast paced application. He reviewed the AFW timeline which was very fast moving. He said the standard processing time is usually six months; however, the AFW timeline has been less than five weeks. He questioned why there was such a rush to push this application through the lengthy process. He reiterated they have no objection to the second billboard. He encouraged the Planning Commission to take as much time needed to thoroughly review and analyze these requests. Mr. Anderson returned to the concern regarding 99th Avenue. He said the applicant purchased the property with the knowledge of the existing Bella Villagio stipulations. He reminded the Commission the applicant took a risk knowing the stipulations may or may not fit their needs. 4 February 20,2014 Planning Commission Minutes He referred to Bella Villagio stipulation #12. He reviewed four versions of that particular stipulation regarding 99th Avenue. He said although they have been working together diligently, they have not reached an agreement satisfying each party. He asked for the final configuration of 99th Avenue. Mr. Anderson said there are four items not included in the applicant's proposed stipulation #7. He said they are 1) street construction will be final, 2)the street construction will meet city codes and standards, 3) additional right-of-way dedication may be needed, and 4) AFW should build at 99th Avenue now. He indicated the last point is from the current Bella Villagio stipulation which required 99th Avenue to be improved in Phase I. He said the applicant has not agreed to these four concerns. Mr. Anderson asked if the five lane configuration is the final configuration. Is the AFW design meeting all city codes and standards. If they are not, he questioned why. He said they have consulted with their engineer, James Abraham, Clouse Engineering, is present and available for questions. Mr. Anderson referred to the documents submitted to the Commission. He noted Mr. Abraham's concerns were compliance with the city codes regarding pavement which is missing, landscaping which is missing, and the bike lane, also missing. He questioned if the city believes these are concerns and should be addressed. These extra costs identified by the Engineer will be covered by The John F. Long Family Revocable Trust. The Family is willing to pay for these costs and bond for these improvement costs. He said these issues cannot be addressed and agreed to at a podium at this public hearing. He asked if 99th Avenue will be finaled. He referred to an email dated March 11. He said the city of Glendale and Phoenix have not worked together to discuss all issues related to 99th Avenue. He requested the Planning Commission postpone these requests to allow ample time and opportunity to discuss all issues. He stated this case is moving too quickly and he asked the Commission to continue this request to allow an opportunity to address all concerns. Commissioner Johnston asked when Mr. Anderson began the process of negotiation with the applicant. Mr. Anderson said AFW and the Longs met on February 4, 2014 with Mr. Miller and Mr. Long in attendance. He said AFW agreed to adhere to Bella Villagio stipulation #12. Mr. Anderson said he has reviewed AFW street improvement plans. After review of these plans, he believes city codes are not being followed. Vice Chairperson Larson asked if 99th Avenue is a five lane road, wouldn't that allow John F. Long to expand in the future. Mr. Anderson said 99th Avenue is not located in the proper place as it should be located farther to the west. 99th Avenue is restricted to its location because of existing infrastructure. If you were to move the street to the east to avoid the canal, AFW would have additional costs. If the street were moved to the west, the canal would need to be underground. Again, he felt the city is in a hurry to accommodate AFW and not addressing the concerns with 99th Avenue. Vice Chairperson Larson stated five lanes are appropriate currently with the possibility of seven lanes needed in the future. At that time, the SRP ditch would need to be tiled and the power 5 February 20,2014 Planning Commission Minutes buried, streetlights relocated. He believes 99th Avenue is acceptable for traffic in the near future, however as the Long's develop, improvements can take place. Mr. Anderson said referred to the north side of Bethany Home Road. He said a bottleneck will be created at 99th Avenue due to the canal. This is not on the Long's property or on the property of the applicant. Chairperson Petrone asked if he is concerned that AFW will not negotiate in good faith if recommended for approval. Mr. Anderson said with this being rushed, they no longer have the 30 days in between the Planning Commission recommendation to the City Council public hearing to discuss and addresses issues of concern. Once the Council makes a decision, they have lost the opportunity to negotiate. Ms. Perry stated the rezoning application began in January with a Design Review concurrently, which began in November. Issues regarding 99th Avenue have been under review since November 2013. She said Mr. Chris Lemka, Principal Traffic Engineer, is in the audience and available to answer questions. Commissioner Berryhill asked if there were any tax incentives offered. Ms. Perry said there were incentives associated with the project and Mr. Dave McAlindin, Economic Development Official, is available for questions. Ms. Robberson said there are no sales tax incentives; however, the possibility of a partial fee waiver is being decided by the City Council. Mr. Chris Lemka, Principal Traffic Engineer with the Transportation Department, introduced himself. He said when Bella Villagio was developing a stipulation for this project regarding 99th Avenue; stipulations were developed for the project being proposed at that time. Bella Villagio necessitated a larger section for 99th Avenue. He said the anticipated traffic for this store was based on the counts at the Gilbert Store. He said there will only be approximately 1/8 of the trips to the warehouse as opposed to the anticipated traffic counts for Bella Villagio. He said the City of Glendale believes a five lane 99th Avenue is appropriate for this time and this proposal. Vice Chairperson Larson asked for a comparison as to what is being proposed versus the concerns from the John F. Long Family. He said five lanes are needed. Mr. Lemka said for safety reasons, a left turn lane is needed into the store for their vehicles. Currently 99th Avenue is a four lane section. He said AFW will build the extra lane, a right turn lane into their truck driveway, and will also build the traffic signal within one year of the store's opening. In response to a question from Vice Chairperson Larson Mr. Lemka said Glendale does not have the vision of bike lanes on 99th Avenue. The County has ownership of the road. The city controls the signals at 99th Avenue and Camelback Road, 99th Avenue and Bethany Home Road, 99th Avenue and Maryland Avenue, and the future signal at 99th Avenue and Montebello. Commissioner Aldama asked if staff has taken into consideration the weight of the vehicles headed into and out of the warehouse. Mr. Lemka responded that vehicles will be using a separate driveway. The entrance will be concrete and able to accommodate the weight of the 6 February 20,2014 Planning Commission Minutes vehicles. He said the radius is also reviewed to ensure truck traffic can make safe maneuvers. He said the pavement analysis will be discussed in the design phase. Mr. Withey said he was flabbergasted after all the discussions that have taken place regarding this request. He feels they have put forth their best efforts to work with all the parties involved. Mr. Withey is opposed to a continuance and felt it would serve no purpose. He discussed his conversation with Mr. Anderson which took place on Monday, February 17. He stated he asked if AFW would be building five lanes of pavement from Bethany Home Road to Montebello. Mr. Anderson referred to Bella Villagio stipulation #12. Mr. Withey confirmed that five lanes would be built and believed the matter had been resolved. Mr. Anderson had also asked if the improvements would be interim or final. Mr. Withey confirmed with the engineers would be permanent. He did not say if improvements would be made by the City of Phoenix as he is not aware of their requirements. Mr. Withey believed the Family would like assistance with the cost of tiling the channel; however, the channel is in the city of Phoenix and it is not appropriate for this project to be delayed. He added they are covering the costs of a traffic signal at 99th Avenue and Montebello as well. He stated his applicant is doing their fair share to cover the costs. Mr. Withey offered an additional stipulation to read as follows: The applicant shall improve 99th Avenue to a five lane section (two northbound lanes, two southbound lanes, a center left turn lane, curb, gutter, streetlights, sidewalk and landscaping on the east side of the road) from Bethany Home Road south to the Montebello alignment within the existing public right-of-way on the east side of the monument line, as approved by the City of Glendale. In response to a question from Vice Chairperson Larson, Ms. Robberson confirmed there are legal constitutional limitations of what can be asked of from an applicant. She believes the applicant agreeing to the stipulation regarding five lanes would not create a legal issue. Since there was no further discussion,the chairperson closed the public hearing. Ms. Perry added the analysis portion of the staff report requests the height of 60 feet be excluded. To clarify stipulation four she suggested it the following be added: ...excluding the minimum distance between all digital billboard signs on any single PAD and the maximum allowable height of 60 feet. Vice Chairperson Larson agreed to this modification. Chairperson Petrone called for a motion. Commissioner Aldama made a motion to recommend approval of GPA14-01. Vice Chairperson Larson seconded the motion,which was approved unanimously. Vice Chairperson Larson made a motion to recommend approval of ZON14-01, subject to the stipulations listed in the staff report with a modification to stipulation #4 and an 7 February 20,2014 Planning Commission Minutes additional stipulation #7 as presented by the applicant. Commissioner Johnston seconded the motion,which was approved unanimously. Commissioner Aldama thanked Mr. Lemka for the valuable information he provided regarding the traffic report. 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. 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 Commissioner Johnston made a motion to adjourn. Commissioner Aldama seconded the motion, which passed unanimously. With no further business, adjourned at 7:21 p.m. NEXT MEETING: March 6, 2014 8