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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 5/1/2014 MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,MAY 1, 2014 6:00 PM CALL TO ORDER The meeting was called to order at approximately 6:00pm. Commissioners Present: Commissioners Johnston, Berryhill, Dobbelaere, Lenox, Hirsch, Vice Chairperson Aldama, and Chairperson Penilla were present. City Staff Present: Tabitha Perry, Assistant Planning Director, Remigio Cordero, Planner, Deborah Robberson, Deputy City Attorney, and Diana Figueroa, Recording Secretary. APPROVAL OF MINUTES Chairperson Penilla called for the Approval of Minutes. Vice Chairperson Aldama made a motion to approve the minutes of the January 16, 2014 Planning Commission Public Hearing. Commissioner Lenox seconded the motion, which passed unanimously. Commissioner Johnston made a motion to approve the minutes of the February 20, 2014 Special Workshop. Commissioner Berryhill seconded the motion, which passed unanimously. Commissioner Lenox made a motion to approve the minutes of the March 6,2014 Planning Commission Public Hearing. Commissioner Berryhill seconded the motion, which passed unanimously. WITHDRAWALS AND CONTINUANCES Chairperson Penilla called for any withdrawals and/or continuances. There were none. PUBLIC HEARING ITEMS Chairperson Penilla called for staff's presentation. CUP14-01 A request by Abdul Jabbar and Will Mitchell, representing Jabbar's Hookah Lounge, for a Conditional Use Permit (CUP) for live entertainment and dancing in the C-2 (General Commercial) zoning district. The site is located east of the northeast corner of 67th Avenue and 1 May 1,2014 Planning Commission Minutes Bethany Home Road (6514 West Bethany Home Road, Suites 7 & 8) and is located in the Ocotillo District. Remigio Cordero, Planner, stated this was a request by Abdul Jabbar and Will Mitchell, representing Jabbar's Hookah Lounge, for a Conditional Use Permit (CUP) for live entertainment and dancing in the C-2 (General Commercial) zoning district. The site is located east of the northeast corner of 67th Avenue and Bethany Home Road (6514 West Bethany Home Road, Suites 7 & 8) and is located in the Ocotillo District. He said Jabbar's Hookah Lounge will operate as a hookah lounge in a 3,540 square foot existing tenant suite. He noted the hours of operation will be from Thursday through Sunday from 6:00 p.m. until 2:00 a.m. The applicant will provide live entertainment with dancing in a designated area within the tenant suite. He indicated the size of the dance floor will be 500 square feet in size. Mr. Cordero noted that on March 6, 2014, the applicant mailed notification letters informing the adjacent property owners and interested parties of their request. He said the applicant received one email response from a nearby resident with concerns about noise and music playing to a certain time. He explained the applicant attempted to contact the resident and explain the preventative measures in regards to noise; however, the applicant did not receive a response back from the resident. Additionally, the Planning Division received one telephone call from a nearby resident who was concerned about the possible noise impact to the neighborhood. He stated that once explained that all the music will be contained within the tenant's suites they did not have any concerns. Mr. Cordero stated that in regards to the findings, the proposed live entertainment and dancing is consistent with the policies of the General Plan and the purpose of the C-2 zoning district. He said live entertainment and dancing facilities are permitted in this zoning district subject to CUP approval. Additionally, all applicable city departments have reviewed the application and recommend approval. In conclusion, Mr. Cordero stated this request appears to meet the required findings for a Conditional Use Permit approval and should be approved, subject to the three stipulations listed in the staff report. He asked for questions from the Commission. Chairperson Penilla called for questions from the Commission. Vice Chair Aldama asked for further clarification on what is meant by noise abatement structures as stated in the staff report. Mr. Cordero explained the structure on the floor plan and noted where the masonry blocks that kept the noise out were located. He said the applicant will address further measures that he will be using in order to keep the noise contained. Vice Chair Aldama indicated he met with the surrounding property owners and none had any issues with this application. Chairperson Penilla asked what the building occupancy limit was. Mr. Cordero said he did not know, however the Building Safety Division had assessed that issue. He deferred that question to the applicant. Chairperson Penilla said he had some concerns regarding the closing time of 2:00 a.m. He asked for the distance of the closet home to this establishment. Mr. Cordero 2 May 1,2014 Planning Commission Minutes indicated the closest home was more than 100 feet away on the north side. He added the dance floor was located south away from the northern portion. Chairperson Penilla called for the applicant to make a presentation. Mr. Abdul Jabbar, applicant and Will Mitchell, representing Jabbar's Hookah Lounge, came forward to answer questions from the Commission. Mr. Mitchell stated he had nothing to add to the presentation, however, would like to answer the question regarding the occupancy rate. He said their occupancy was previously at 119 people. However, the Fire Marshal told their architect that based on their structure and square footage their occupancy can be up to 219. Commissioner Johnston said he noticed there was parking on both sides in front and back. He asked if both sides were normally occupied. Mr. Mitchell replied no. He said based on their agreement with the land owner, the west side will be strictly for their location. Commissioner Johnston asked if they will be selling alcohol. Mr. Mitchell replied no. Commissioner Johnston asked what type of security they will have on the premises. Mr. Mitchell stated they have a security agency that they use. He added the security company will provide them with a security staff of six personnel. Commissioner Johnston asked for information on what type of establishment this was and what typically goes on there. Mr. Mitchell explained that people come into the lounge and watch television and smoke electronic vapor hookah and socialize. He added that, permitted they approve the CUP; they would be able to have local artist entertainment. Commissioner Johnston asked him to elaborate on the additional noise prevention measures he had in mind. Mr. Mitchell explained they plan to have the doors by the dance floor closed at all times. Commissioner Johnston inquired as to the surrounding neighborhood. Mr. Jabbar talked about the area having crime issues. He talked about a relative having just graduated from the Police Academy and providing some insight on the area. He explained that because of the crime and drug problems, the owner has signed a waver with the Glendale Police Department that allows the location to not be considered private so the police can enter freely. Vice Chair Aldama inquired as to the age limit to enter the establishment. Mr. Mitchell replied the minimum age requirement is 18 years old. Vice Chair Aldama asked him to elaborate on what a hookah lounge was. Mr. Mitchell explained that Hookah comes from the Middle Eastern culture. He said he was raised here and has family owned hookah lounges in the area. He said the lounge was mainly a weekend business. He said Monday through Wednesday they were not busy. He added the reason behind this permit was to provide entertainment within the community and have patrons coming back to support the lounge. Vice Chair Aldama asked if the customers smoke tobacco. Mr. Mitchell said their products were nicotine based and do have substances that are non-tobacco and non-nicotine. He stated most of the products were nicotine products. 3 May 1,2014 Planning Commission Minutes Commissioner Johnston asked if they have security cameras. Mr. Mitchell replied yes. Commissioner Johnston asked if they will be checking if customers come in impaired. Mr. Mitchell replied they do not have a breath detector however, if security believes there is a problem with a client they will not be let into the establishment. Commissioner Hirsch inquired as to the demographics of the clients. Mr. Mitchell stated the age was from 18 to 26 years of age with a two to one ratio male to female. Vice Chair Aldama asked if they allow fire arms. Mr. Mitchell replied no and added they have a bag check at the entrance but not a pat down. Chairperson Penilla asked if they had a copy of the police agreement. Mr. Mitchell replied no and once again provided information on the security company they will be using. Chairperson Penilla stated he saved this last question for last since it was the most troubling for some of the Commissioners. The issue was the 2:00 a.m. closing time. He asked if they were willing to accept a stipulation to a 1:00 a.m. closing time to secure this application passes tonight. Mr. Mitchell asked which he was referring to, music and dance or the Hookah Lounge. Chairperson Penilla replied it would have to be the music and dance closing time at 1:00 a.m. since that was the issue before them tonight. Mr. Mitchell agreed to adhere to it somewhat reluctantly. Commissioner Johnston asked to see a copy of the Fire Marshal's recommendation regarding the modification of the 219 people when available. Vice Chairperson Aldama asked if the 1:00 a.m. closing time would be detrimental to their business. Mr. Mitchell stated he believes there will be a hit to their business because the industry standard was 2:00 a.m. He added that at any other location in this industry they close at 2:00 a.m. and this will hinder their ability to compete with the other locations. Chairperson Penilla opened the public hearing. He had no speaker cards, however, noted an email by a concerned neighbor named Karen Hawn who was concerned about the noise and was requesting a 12:00 a.m. closing time. Since there was no further discussion, he closed the public hearing. Vice Chair Aldama asked if Eddie's Hookah Lounge had music and dancing. Mr. Cordero said they only had a DJ that played music but no dancing. Deborah Robberson, Deputy City Attorney, stated any action regarding the 1:00 a.m. closing time would be engaged pursuant to the CUP for the live entertainment. Commissioner Johnston stated the applicants had done an outstanding job in their presentation and in educating the Commission on hookah lounges. He said he welcomes their business and wishes them great success. 4 May 1,2014 Planning Commission Minutes Commissioner Johnston made a MOTION to APPROVE CUP14-01 subject to the stipulations set for in the staff report with an additional stipulation #4. Commissioner Lenox SECONDED the MOTION,which passed 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. Remigio Cordero, Planner, stated he will present these three items jointly; however, the Commission must have a separate motion for each item. GPA13-07/ZON13-11: A request by Withey Morris PLC, representing Camelback Holdings LLC, to amend 3.67 acres of the general plan designation from 1-2.5 (Low Density Residential 1-2.5 DU/AC) to 3.5-5 (Medium Density Residential 3.5-5 DU/AC) and to rezone the property from SR-30 (Suburban Residence) to R1-6 PRD (Single Residence Planned Residential Development) for The Casitas at Cholla Cove, a 14 lot subdivision. The site is located at the northeast corner of 51st Avenue and Cholla Street (11401 North 51st Avenue) and is located in the Sahuaro District. PP13-04: A request by Withey Morris PLC, representing Camelback Holdings LLC, to approve a preliminary plat for The Casitas at Cholla Cove, a 14 lot subdivision. The site is located at the northeast corner of 51st Avenue and Cholla Street(11401 North 51st Avenue) and is located in the Sahuaro District. Remigio Cordero, Planner, stated this was a request by Withey Morris PLC, representing Camelback Holdings LLC, to amend 3.67 acres of the general plan designation from 1-2.5 (Low Density Residential 1-2.5 DU/AC) to 3.5-5 (Medium Density Residential 3.5-5 DU/AC) and to rezone the property from SR-30 (Suburban Residence) to R1-6 PRD (Single Residence Planned Residential Development) for The Casitas at Cholla Cove, a 14 lot subdivision. He added this request also includes approving a preliminary plat for The Casitas at Cholla Cove. He said the site is located at the northeast corner of 51st Avenue and Cholla Street (11401 North 51st Avenue) and is located in the Sahuaro District. Mr. Cordero stated the applicant is proposing to develop a 14 lot subdivision on an infill property. He said the development standards proposed for the project are different than some of the existing standards found in the Zoning Ordinance. He indicated the PRD overlay has subtle deviations from the R1-6 development standards. He explained access to this project will be served off of Cholla Street and a new public street, 50th Lane, will be constructed. He noted the Casitas at Cholla Cove will have 50 feet of right of way dedicated to the City. This new right of way will consist of 32 feet of paved asphalt. He added the development plan includes approximately 18.6% or 29,118 square feet of the site as common open space. He noted the owner will provide a perimeter theme wall along 51st Avenue and Cholla Street. 5 May 1,2014 Planning Commission Minutes Mr. Cordero noted that on December 17, 2013, the applicant mailed notification letters to adjacent property owners and interested parties notifying them of a public neighborhood meeting to be held on January 6, 2014. He said that at the neighborhood meeting the applicant, property owner, city staff and 13 residents were in attendance. He explained the residents listened to the applicant's proposal and had concerns that ranged from how this project could affect surrounding property values, and what the housing product will look like. He said the applicant addressed their concerns and at the end of the meeting, 12 residents appeared to be in favor of the request. He noted one resident had concerns with the development of the property overall and remained opposed. Additionally, this afternoon there were two phone calls received by staff from residents located 11602 North 50th Avenue and 11618 North 50th Avenue who voiced their support of the request citing that homes were best suited for this vacant property. Mr. Cordero stated the proposal is consistent in substance and location with the development objectives of the General Plan and any adopted specific area plans. He stated this property is considered an infill area within the City and this project provides a land use that will delete any further vacant lot, maintenance issues or illegal land uses occurring on the site. He said all applicable city departments have reviewed this proposal and recommend approval of this subdivision. In conclusion, Mr. Cordero stated this request appears to meet the required findings for this request. He stated the Planning Commission will need to make a motion and a vote for each item. He said the Commission should recommend approval of GPA13-07 as written, ZON13-11 subject to the five stipulations listed in the staff report and PP13-04 subject to the three stipulations listed in the staff report. He asked for questions from the Commission. Chairperson Penilla called for questions from the Commission. Commissioner Berryhill remarked that when visiting the site yesterday he noticed a canal that ran through the property. He wondered if it would be an issue. Mr. Cordero replied no. He explained that the Land Development and Engineering Department has reviewed it and verified that the applicant will cap off the irrigation ditch on their property. Commissioner Hirsch asked if the development will have a Homeowners Association for the preservation of the common areas, landscape, structure and so forth. Mr. Cordero replied yes. Vice Chair Aldama voiced his concerns regarding additional traffic to that area. Chairperson Penilla called for the applicant to make a presentation. Benjamin Graff, applicant's representative, stated he will be brief seeing that staff provided an informative presentation. He explained this was an infill development plan which was always a challenge finding the right fit for an area. He noted his client was an expert in developing these types of infill sites and has had great success. He explained that his client and staff had come up with a great plan for residential development that truly fits this site. He said this site has been vacant for many years and passed over for development multiple times. He stated this proposed development is consistent with the neighboring communities. He explained these types of lots 6 May 1,2014 Planning Commission Minutes were what people were really looking for in today's market. He said the great benefit to Glendale was to have 14 residential lots and getting rid of a vacant area that would otherwise not be developed. The open space is a little over 3% larger than what they were required to provide. Mr. Graff stated the development project embraces amenities including, pedestrian trails, bike paths, decorative theme walls, parks, and playgrounds. He added one area in the park will remain open as an amenity open to the public in a specific corner. He said the development will result in a quality living environment and accommodate desired lifestyles. He addressed the traffic issues that Vice Chair Aldama was concerned about and explained their recommendations. He noted that in their studies there was no reason why someone would use 50th Avenue and cut through the neighborhood. He concluded his presentation and asked for any questions or comments. Chairperson Penilla called for questions from the Commission. Commissioner Dobbelaere asked if this application was approved, how long it would take to complete 14 lots. Mr. Graff said he believes it will be between 18 to 36 months. He added he hoped to have the lots filled within 12 months of the opening. Commissioner Berryhill asked if there were any two story homes in this plan. Mr. Graff stated the plan was open for the developer to choose between a variety of single and two story homes. He said the home builder has a list of requirements which include a variation of homes. Vice Chairperson Aldama inquired as to the east side of the project and the distance of the ditch to the wall. Mr. Graff explained the setbacks including landscape and right-of-way-curb buffers. He added it was his understanding that the irrigation ditch had been addressed adequately. Vice Chair Aldama asked if there were any assurances that there will be no damage to that canal since the community highly depended on it for irrigation. Mr. Graff explained they were under an obligation to maintain and keep the canal in working order. Chairperson Penilla opened the public hearing. David Proctor, speaker, stated his concern regarding two story homes and where they will be placed. He said he does not want them placed on lots 1, 2, 11-14. He said those should stay one story. He explained the neighbors do not want to have people looking into their backyards. Chairperson Penilla asked if the speaker lived immediately to the east of where lots 11-14 were. Mr. Proctor stated his lot was directly north of lot 14. Mr. Proctor also addressed his concerns regarding the canal and provided suggestions on how to contain the water. Chairperson Penilla asked how long he had lived at his home. Mr. Proctor replied approximately 15 months. Chairperson Penilla asked for any closing remarks from the applicant or representative. Mr. Graff stated that in today's market the diversity of housing and the flexibility of the R1-6 development they were proposing, was key to obtaining a developer that was interested in building these homes. He noted that putting limitations on where one story versus where two stories can be when R1-6 developments surrounding the area have no such limitations would be 7 May 1,2014 Planning Commission Minutes a significant deterrent to the development and could impact the time line currently discussed. Mr. Graff provided a map depicting how far it would be from the existing residences to the east and where the new homes would be placed. Chairperson Penilla asked if the applicant would be resistant to a stipulation of lot 14 only being single story. Mr. Graff stated he did not have the data to see what that would do to the overall site. However, they will take that consideration into account as they move toward City Council. He will be in contact with Mr. Proctor on that question. Chairperson Penilla asked if he was aware of any commitment on how many homes will be one or two story homes from lots 11-14. Mr. Graff stated he was not aware of any discussion on any commitment of two stories versus one story variety. However, he was aware of the need for them to keep this as a flexible plan to entice the right type of development. Mr. Graff asked Andrew Mizerek to address the canal issue. Mr. Andrew Mizerek, Site Engineer, stated the plan was to terminate the pipe with a concrete turn out structure which they typically do for open irrigation. He said by doing this the water will go south of the property. He indicated that they noted on their standard observations anything that was damaged. He said anything damaged adjacent to the property will be repaired at the existing conditions or better which includes the concrete channel that is north of lot 14. He explained they will take care of fixing the channel if it is damaged when the sidewalk is installed. Chairperson Penilla closed the public hearing. Vice Chairperson Aldama RECOMMENDED APPROVAL of GPA13-07 subject to the stipulations in the staff report. Commissioner Johnston SECONDED the MOTION,which passed unanimously. Deborah Robberson, Deputy City Attorney stated the Planning Commission's actions are not final and the Commission's recommendation will be forwarded to City Council for further action. Commissioner Johnston RECOMMENDED APPROVAL of ZON13-11, subject to stipulations in the staff report. Commissioner Lenox SECONDED the MOTION, which passed unanimously. Deborah Robberson, Deputy City Attorney stated the Planning Commission's actions are not final and the Commission's recommendation will be forwarded to City Council for further action. Chairperson Penilla asked the applicant's representative if he had anything to say relative to the request for the Preliminary Plat approval for the subdivision titled the Casitas at Cholla Cove. 8 May 1,2014 Planning Commission Minutes Benjamin Graff, applicant's representative, stated he had nothing to add to the Plat application other than it has been found that it meets all the zoning and engineering requirements and has been signed off by all pertinent city departments. Chairperson Penilla opened the public hearing. Since there was no one wishing to speak on this item,he closed the public hearing Commissioner Lenox made a MOTION to APPROVE PP13-04, subject to stipulations in the staff report. Commissioner Dobbelaere SECONDED the MOTION, which passed 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 Penilla called for Other Business. There was none. PLANNING STAFF REPORT Chairperson Penilla asked if there was a Planning Staff Report. There was none. COMMISSION COMMENTS AND SUGGESTIONS Chairperson Penilla called for Comments and Suggestions. Chairperson Penilla requested an item added to the June 5, 2014, agenda regarding the possible change of day/time of Planning Commission Workshops. The Planning Commission welcomed Commissioner Gary Hirsch. ADJOURNMENT With no further business, Commissioner Johnston made a motion to adjourn the meeting. Vice Chair Aldama seconded the motion, which was approved unanimously. The meeting adjourned at 7:45 p.m. NEXT MEETING: June 5, 2014 9