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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 6/5/2014 MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, JUNE 5, 2014 6:00 PM CALL TO ORDER The meeting was called to order at approximately 6:00 p.m. Commissioners Present: Commissioners Johnston, Lenox, Hirsch, Berryhill, and Vice Chairperson Aldama were in attendance. Commissioner Absent: Commissioner Dobbelaere was absent and excused. City Staff Present: Tabitha Perry, Assistant Planning Director, Remigio Cordero, Planner, Russ Romney, Deputy City Attorney, and Diana Figueroa, Recording Secretary. APPROVAL OF MINUTES Commissioner Lenox made a motion to approve the minutes of the April 3, 2014 Planning Commission Hearing. Commissioner Johnston seconded the motion, which passed unanimously. WITHDRAWALS AND CONTINUANCES Vice Chairperson Aldama called for any withdrawals and/or continuances. There were none. PUBLIC HEARING ITEMS Vice Chairperson Aldama called for staff's presentation. CUP14-02: A request by Bob Hatch representing Chick-El-A to approve a conditional use permit for a restaurant with a drive-thru in the C-2 (General Commercial) zoning district. The proposal will demolish the existing Circle K gas station and convenience store and construct a new 4,825 square foot restaurant with drive-thru service. The site is a 52,098 square foot pad located at the northwest corner of 59th Avenue and Thunderbird Road (5908 West Thunderbird Road) and in the Sahuaro District. Remigio Cordero, Planner, stated Conditional Use Permit (CUP) CUP14-02 was a request by Bob Hatch representing Chick-El-A to approve a conditional use permit for a restaurant with a drive-thru in the C-2 General Commercial zoning district. He said the property is located at the northwest of 59th Avenue and Thunderbird Road and it is approximately 1.19 acres in size and is a 52,098 square foot pad. He explained the proposal will demolish the existing Circle K gas June 5,2014 Planning Commission Meeting Minutes Page 2 station and convenience store and construct a new 4,825 square foot restaurant with drive-thru service. He stated the applicant will provide 30% landscape coverage and provide adequate onsite parking as well as accommodate a queuing of more than six vehicles. He indicated that traffic will flow in a counterclockwise direction around the building. He noted that ingress and egress to the site will be right in and right out only on Thunderbird Road and 59th Avenue. He added this will ensure a more efficient traffic flow to and from the site. He said that on April 24, 2014, the applicant mailed notification letters to adjacent property owners and interested parties. He noted the applicant received one email response in support of the request. He noted Planning did not receive any response regarding the request. Mr. Cordero stated that in regards to the findings, the existing C-2 zoning is compatible with the General Plan designation of GC. The zoning allows for a convenience use subject to CUP approval and the proposed use is compatible with adjacent uses in the vicinity. He noted that approval of the CUP request will not have an adverse effect on the adjacent properties or the surrounding community. In addition, 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 Conditional Use Permit approval subject to the stipulations listed in the staff report. Vice Chairperson Aldama called for questions from the Commission. Commissioner Berryhill asked what will be done with the old fuel storage tanks on the ground when construction begins. Mr. Cordero explained the process stating the applicant will be removing the tanks from the site. He stated they were required by ordinance from the County as well as report to the Environmental Protection Agency. Vice Chairperson Aldama called for the applicant to make a presentation. Bob Hatch representing Chick-fll-A, stated that it had been a pleasure working with staff on developing this site. He said they have incorporated all of the recommendations into the site plan. He explained the traffic flow improvements summarized in the staff report. He said they agree with staffs recommendations and stipulations and was excited to move forward with this project. Vice Chairperson Aldama opened the public hearing. He stated he had one speaker card. Davita Solter, speaker, stated that she had no issues with Chick-fil-A, however, noted the area is being saturated with fast food places. She explained that traffic was a problem and people have trouble getting into the Safeway parking because of all the traffic congestion from the many restaurants. She hopes the Commission recommends further planning with the traffic and safety division. She added she did not receive a city notification for this application. Commissioner Johnston stated the Planning Commission did meet the 500' radius requirement for notification and the speaker lives beyond that radius. He asked the speaker if she thought a June 5,2014 Planning Commission Meeting Minutes Page 3 Chick-fil-A would bring more traffic than a Circle K. The speaker responded yes, especially on a fund raiser night. Vice Chairperson Aldama called for the applicant to make any closing remarks. Mr. Hatch stated they take concerns from neighbors very seriously as well as the traffic issues. He explained that was why they had agreed with staffs stipulation to widen the roads as well as the change to better the flow of traffic. He also talked about the many upgrades for that location at Vice Chairperson Aldama's request. Vice Chairperson Aldama asked if they anticipate many fundraisers at this location. Mr. Hatch stated he could not speak to that since he was on the construction side and not on the operation side. Vice Chairperson Aldama closed the public hearing. Vice Chairperson Aldama called for a motion on CUP14-02. Commissioner Johnston made a motion to recommend approval of CUP14-02, subject to stipulations in the staff report. Commissioner Lenox seconded the motion, which passed unanimously. Russ Romney, Deputy City Attorney, said this decision is final approval by the Planning Commission subject to a written appeal if filed within 15 days. CUP14-03: A request by Jesus Ortega representing The Church of Jesus Christ Latter- Day Saints to approve a conditional use permit for a thrift store (Retail Service Center) in the C-2 (General Commercial) zoning district. The property is located west of the southwest corner of 67th Avenue and Bell Road (6825 West Bell Road) and in the Sahuaro District. Remigio Cordero, Planner, stated Conditional Use Permit (CUP) CUP14-03 is a request by Jesus Ortega representing The Church of Jesus Christ Latter-Day Saints to approve a conditional use permit for a thrift store in the C-2 General Commercial zoning district. He said the property is located west of the southwest corner of 67th Avenue and Bell Road and is 10.80 acres in size. He said the property owner is proposing to construct two buildings on a 10 acre pad site. He explained the proposed thrift store will be within a new 50,043 square foot building. He added vehicular access will be provided off of existing internal drives that are fed from Bell Road and 67th Avenue. He said an existing driveway provides secondary access to 69th Avenue. He stated the retail entrance will be on the north side of the building and the drop off location for donated items is located on the rear portion and will be screened from public view. He noted regular store hours will be from 10 a.m. to 6 p.m. on Mondays, and 10 a.m. to 9 p.m. Tuesday through Saturday. He said the store will be closed on Sundays. June 5,2014 Planning Commission Meeting Minutes Page 4 He stated that on February 18, 2014, the applicant mailed notification letters to adjacent property owners and interested parties notifying them of a neighborhood meeting to discuss their CUP proposal. On March 5, 2014 a neighborhood meeting was held at the City of Glendale Council Chambers Building. He said there was one resident in attendance, along with city staff, and members of the project team. He explained issues brought up during the meeting were if the building was going to be two stories and, if so, would there be windows looking into the backyards of the homes. He indicated the applicant addressed these concerns and informed the residents that the two buildings being constructed will not exceed one story and the buildings will not have windows looking into neighboring properties. He stated that in regards to the findings, the proposed thrift store is consistent with the policies of the General Plan and the purpose of the C-2 zoning district. He said thrift stores are permitted in this zoning district subject to CUP approval. He noted that all applicable city departments have reviewed the application and recommend approval of the application. In conclusion, Mr. Cordero stated this request appears to meet the required findings for CUP14- 03 and should be approved subject to the stipulations listed in the staff report. He asked for questions from the Commission. Vice Chairperson Aldama called for questions from the Commission. Commissioner Hirsch inquired as to the screening for donations as well as the storage of the donated materials. Mr. Cordero explained the graphic provided by the applicant. It showed that on the southwestern portion of the site is where the donation site is located under a canopy. He said from there the designated industries will collect the items immediately and place them inside. Vice Chairperson Aldama called for the applicant to make a presentation. Richard Clutter, applicant's representative, stated they were grateful to bring this project to the city. He assured the Commission that the drop off area was properly screened and have made a lot of effort to position the building so the drop off area was in the rear of the property and blocked from view. Vice Chairperson Aldama inquired if there were any issues with loitering. Mr. Clutter replied that there was no loitering in the rear of the property since it is screened and fenced. He added that during business hours there were employees manning the donation area. Vice Chairperson Aldama opened the public hearing. There were no speakers. Vice Chairperson Aldama called for questions or comments from staff or Commissioners. There were none. Vice Chairperson Aldama closed the public hearing. June 5,2014 Planning Commission Meeting Minutes Page 5 Vice Chairperson Aldama called for a motion on CUP 14-03. Commissioner Lenox recommended approval of CUP14-03, subject to stipulations in the staff report. Commissioner Hirsch seconded the motion,which passed unanimously. Vice Chairperson Aldama asked for any closing comments. Commissioner Johnston stated he would like to disclose that he was a member of this church in a leadership role. He added the leadership role was not a paid role; therefore, he was not an employee of the church. Mr. Romney stated he saw no conflict of interest since there was no financial gain of any kind with his involvement in this church. Russ Romney, Deputy City Attorney, said this decision is final approval by the Planning Commission subject to a written appeal if filed within 15 days. CUP14-04: A request by Mays & Company Real Estate Development, on behalf of Arizona General Hospital ER, to approve a conditional use permit to allow a 7,123 square foot emergency medical care facility with twenty-four (24) hour operation in the C-2 (General Commercial) zoning district. The property is located west of the southwest corner of 51st Avenue and Olive Avenue (5171 West Olive Avenue) and in the Barrel District. Remigio Cordero, Planner, stated this was a request by Mays & Company Real Estate Development, on behalf of Arizona General Hospital ER, to approve a conditional use permit to allow a 7,123 square foot emergency medical care facility with twenty-four hour operation in the C-General Commercial zoning district. The property is located west of the southwest corner of 51" and Olive Avenues and is 1.89 acres in size. He stated that Arizona General ER will construct a 7,456 square foot freestanding building that will provide off street parking and new landscaping throughout the parcel. Additionally, the architecture will match the Olive Marketplace theme and provide outpatient services only. He indicated that Arizona General ER will provide conscious sedation and not administer general anesthesia. He informed them they will also provide ambulatory services to patients that require care by a full service hospital. He said it is stated within the narrative that Arizona General ER only transports five to seven patients a month to a full service hospital. He stated that the urgent care will have adequate vehicular access throughout the site with a drive aisle that wraps around the building. He added that there will be an additional private driveway that will connect to the shopping center. Mr. Cordero stated that on March 20, 2014, the applicant mailed notification letters to adjacent property owners and interested parties notifying them of a neighborhood meeting. On April 23, 2014, a neighborhood meeting was held at the City of Glendale Council Chambers Building. He explained that only the applicant's project team and City Staff attended, and none of the residents notified attended the meeting. June 5,2014 Planning Commission Meeting Minutes Page 6 He stated that in regards to the findings the existing C-2 zoning district is compatible with the General Plan designation of Planned Commercial. Additionally, a medical clinic that operates 24 hours is a permitted land use subject to CUP approval. He noted the site is adequate in size and shape to accommodate the intended use and the building setbacks and landscaping meet the zoning ordinance standards. He indicated that all applicable city departments have reviewed the application and recommend approval of the application. In conclusion, Mr. Cordero stated this request appears to meet the required findings for CUP14- 04 and should be approved subject to the stipulations listed in the staff report. He asked for questions from the Commission. Vice Chairperson Aldama called for questions from the Commission. Commissioner Hirsch inquired as to the five to seven transports a month to a full service hospital. He asked what would precipitate a transport and would it be an emergency situation that might require sirens and lights. Mr. Cordero referred the question to the applicant. Vice Chairperson Aldama called for the applicant to make a presentation. Michelle Smith, applicant's representative and Chuck Bennett, project architect came forward to answer questions. She stated that in regards to Commissioner Hirsch's question, the five to seven trips came from historical data. She explained that of those transports, 10% or one would be an emergency. She added that they can require in the ambulance service contract that the sirens not come on until they reach Litchfield or a highway out of the neighborhoods. She provided details on the project and the great working relationship they had with city staff. Vice Chairperson Aldama opened the public hearing. Don Abid, speaker, stated that in regards to the building, he would like to see a six foot wall placed on the west and south side of the building. He said this would prevent trash from blowing into the neighborhood. He also questioned the term ER since he found no application with them and wonders if they are actually an ER center. Ms. Smith stated that in regards to the six foot wall that was suggested, she believes the neighborhood was still expanding and growing. She further indicated that this was an operating licensed emergency room. She asked Mr. Bennett to explain further. Mr. Bennett explained that they were actually required to build the hospital first and this site will be a department of the hospital operating under an umbrella license. He noted the hospital was currently under construction near 51s`Avenue and Baseline Road. Commissioner Johnston remarked that it seemed like a very long way to transport a serious emergency. Mr. Bennett explained that this facility was for people who don't want to travel to a hospital and wait for hours. Therefore, the idea is that at this location, you are seen in five minutes for 90% of the patients. He stated there was a transfer agreement that does not require you to go to that particular hospital and can be taken where you want to go. Commissioner June 5,2014 Planning Commission Meeting Minutes Page 7 Johnston asked if there was a requirement that they have to go to their hospital. Mr. Bennett responded no. Ms. Smith added that in fact, they will be taken to the closest hospital. Commissioner Hirsch asked for clarification if they had approval and a license in place that includes as many as 10 ER facilities. Mr. Bennett responded yes. Commissioner Johnston inquired as to the distinction between this ER hospital and Urgent Care. Mr. Bennett explained that ER hospitals have to be licensed to call themselves ER hospitals. He added that another big distinction was that Urgent Care typically closes at 6:00 p.m. or 8:00 p.m. and they are required to be a 24 hour seven days a week operation mandated by state law. There were no further comments. Vice Chairperson Aldama called for a motion on CUP14-04. Commissioner Johnston recommended approval of CUP14-04, subject to stipulations in the staff report. Commissioner Berry-hill seconded the motion,which passed unanimously. Vice Chairperson Aldama asked for any additional comments. Commissioner Johnston thanked Ms. Smith and Mr. Bennett for their informative presentation. He appreciated their time in answering the Commissioner's questions since this was a new venture coming to Glendale. Vice Chairperson Aldama also expressed his gratitude. Russ Romney, Deputy City Attorney, said this decision is final approval by the Planning Commission subject to a written appeal if filed within 15 days. OTHER BUSINESS Vice Chairperson Aldama called for Other Business. Tabitha Perry, Assistant Planning Director, indicated included in their packet was a letter dated April 24, 2014 from the Governing Services Committee. She said the letter serves as an appreciation and reminder of their commitment to serve as a Board and Commission member. She noted that without their dedication and commitment to staff, staff would not be able to proceed with conducting city business. She said their attendance was vital to staff being able to process applications and proceed with obligations to hold public hearing meetings that have been previously legally posted. Therefore, if aware in advance that they will be unable to attend a scheduled meeting, please advise staff so they can prepare accordingly. PLANNING STAFF REPORT Vice Chairperson Aldama asked if there was a Planning Staff Report. There was none. June 5,2014 Planning Commission Meeting Minutes Page 8 COMMISSION COMMENTS AND SUGGESTIONS Vice Chairperson Aldama called for Comments and Suggestions. Commissioner Johnston thanked Mr. Penilla for his service on the Commission. He noted that although he did not know all the circumstances involving his departure, he respects him and appreciates his service to this community since he was here a number of years. Therefore, he would like to thank him publicly for all the great work he has done in serving the City. Commissioner Hirsch referenced the last case on the agenda and suggested staff makes a note regarding the wall for the blowing trash comment from the resident. He stated the resident's concerns were not unfounded. Vice Chairperson Aldama also thanked Mr. Penilla for his service to this Commission and the City. MOTION TO VACATE THE JULY 3, 2014 PUBLIC HEARING Commissioner Johnston made a motion to vacate the July 3, 2014, Public Hearing. Commissioner Berryhill seconded the motion. The motion passed unanimously. ADJOURNMENT With no further business, Commissioner Berryhill made a motion to adjourn the meeting. Commissioner Johnston seconded the motion, which was approved unanimously. The meeting adjourned at 7:01 p.m. NEXT MEETING: June 19, 2014 Special Workshop at 6:00 p.m.