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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 3/5/2015 MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY- CHAMBERS 5850=WEST`GLENDALE-=AVENUE GLENDALE,ARIZONA 85301 THURSDAY, MARCH 5, 2015 6:00 PM` CALL TO ORDER The meeting was called to order at approximately 6:00 p.m. Commissioners Present: Commissioners Dobbelaere, Harper, Berryhill, Hirsch, and Vice Chairperson Lenox, and Chairperson Johnston were present. Commissioners Absent: None (Yucca District- vacant seat) City Staff Present: Tabitha Perry, Assistant Planning Director, Thomas Ritz, AICP, Senior Planner, Tom Dixon, CPM, Senior Planner, Deborah Robberson, Chief Deputy City Attorney, and Diana Figueroa, Recording Secretary. Tabitha Perry, Assistant Planning Director, stated that agenda items may be taken out of order at the Commission's discretion. She requested agenda item #6 Other Business be heard first. Chairperson Johnston agreed. OTHER BUSINESS Mr. Richard A. Bowers, Acting City Manager, introduced himself to the Planning Commission. He stated that it was an honor to serve as interim City Manager to the City of Glendale. He was glad and proud to be able to serve the community. He apologized for what occurred recently regarding a public hearing item and acknowledged it was an organizational issue not an individual and has been corrected. He also encouraged the Commissioners to call on him should they ever need assistance. APPROVAL OF MINUTES Chairperson Johnston called for Approval of Minutes from the January 8, 2015 Special Meeting. COMMISSIONER HIRSCH MADE A MOTION TO APPROVE THE JANUARY 8, 2015 SPECIAL MEETING MINUTES. THE MOTION WAS SECONDED BY VICE CHAIRPERSON LENOX. THE MOTION PASSED UNANIMOUSLY. WITHDRAWALS AND CONTINUANCES Chairperson Johnston called for any withdrawals and/or continuances. There were none. PUBLIC HEARING ITEMS Chairperson Johnston called for staff's presentation. March 5,2015 Planning Commission Minutes Page 2 1. CUP14-07: A request by Paul O'Connor, representing Patricia Ggizan, for a Conditional Use Permit (CUP) to permit dancing and live entertainment at a proposed banquet hall located within 500 feet of residentially zoned property in the Glendale Centerline Overlay (GCO) zoning district. The site is located south of the southwest corner of 55th Avenue and Glendale Avenue (6830 North 55th Avenue) and is located in the Ocotillo District. Mr. Thomas Ritz, AICP, Senior Planner, stated this was a request by Paul O'Connor, representing Patricia Guizan, for a Conditional Use Permit to permit dancing and live entertainment at a proposed banquet hall. He noted all live music and patron dancing will be performed inside the building. He said the site of the proposed banquet hall is bounded by a recently demolished car wash and parking lot to the north, zoned Glendale Centerline Overlay. Glendale Avenue is 160 feet north of the proposed banquet hall location. He explained that the Conditional Use Permit was required because the site is located within 500 feet of residentially zoned property. He explained that live music, performed by more than one musician, and dancing requires a Conditional Use Permit within the Glendale Centerline Overlay district when proposed to be located within 500 feet of a residential zoning district. Mr. Ritz noted that on November 18, 2014, the applicant mailed notification letters informing the adjacent property owners and interested parties of their request. He said the applicant did not receive any response regarding the request. The Planning Division received a comment of opposition from the property owner to the south. He noted the property owner was concerned about the street parking blocking the driveway into his business and on street parking contributing to the congestion on 55th Avenue and Lamar Avenue. Mr. Ritz stated another comment was received indicating the neighborhood was residential in character and this proposal was not supportable. Mr. Ritz noted the area is primary industrial. He said a Notice of Public Hearing was published in The Glendale Star on February 12, 2015, the property was posted on February 14, 2015, and notification postcards of the public hearing were mailed to adjacent property owners and interested parties on February 13, 2015. In conclusion, Mr. Ritz stated this request appears to meet the required findings and should be approved, subject to the stipulations listed in the staff report. He asked for questions from the Commission. Chairperson Johnston called for questions from the Commission. There were no questions. Chairperson Johnston called for the applicant to make a presentation. Paul O'Connor, applicant's representative, stated he had nothing to add since staffs presentation was very thorough. However, he would be happy to answer any questions. March 5,2015 Planning Commission Minutes Page 3 Commissioner Hirsch asked for additional information on alcohol consumption at the facility. Mr. O'Connor explained that alcohol will be served for certain functions. Additionally, when someone rents the hall, they will be required to hire a licensed bartender. Chairperson Johnston asked a question regarding the capacity of the banquet hall. Mr. O'Connor replied that it was approximately 300 people. Chairperson Johnston asked how many vehicles the parking lot could accommodate. Mr. O'Connor said about 35 vehicles. He explained that the parking and traffic will occur on off hours when most of the businesses are closed. Chairperson Johnston expressed his concerns noting that fast food places will be opened in that area. He added that with an event of 300 people, 35 parking spaces seemed very minimal to accommodate such a large group and likely spill over into the residential area. Chairperson Johnston inquired as to security. Mr. O'Connor replied that security cameras will be installed and they will be hiring security guards. Chairperson Johnston apologized to the applicant for having to come before the Commission twice. Mr. O'Connor replied that he understood the situation. Chairperson Johnston opened the public hearing. Since there was no one wishing to speak on this item, he closed the public hearing. Chairperson Johnston called for a motion. COMMISSIONER HIRSCH MADE A MOTION TO APPROVE CUP14-07 WITH SEVEN STIPULATIONS AS LISTED IN THE STAFF REPORT PLUS AN ADDITIONAL EIGHTH STIPULATION WHICH READS: COMPLIANCE WITH ALL STATE AND LOCAL LAW AND ORDINANCE WITH REGARD TO THE USE, SALE, DISTRIBUTION, OR PRESENCE OF ALCOHOL. VICE CHAIRPERSON LENOX SECONDED THE MOTION, WHICH WAS APPROVED WITH A VOTE OF 5 TO 1 (BERRYHILL). Chairperson Johnston called for the next step in the process. Deborah Robberson, Chief Deputy City Attorney, said this is final approval by the Planning Commission subject to a written appeal if filed within 15 days. Chairperson Johnston called for the next case. 2. CUP14-08: A request by Beus Gilbert, PLLC, representing KIR Glendale LP and Hospice of the Valley, for a Conditional Use Permit (CUP) to allow a thrift store in the C-2 (General Commercial) zoning district. The site is located north of the northeast corner of Bell Road and 59th Avenue (17045 North 59th Avenue) and is located in the Sahuaro District. Mr. Thomas Ritz, AICP, Senior Planner, stated this was a request by Beus Gilbert, PLLC, representing KIR Glendale LP and Hospice of the Valley, for a Conditional Use Permit to allow a thrift store in the C-2 zoning district. He explained that the property owner was seeking a CUP March 5,2015 Planning Commission Minutes Page 4 to allow a thrift store use for the White Dove Thrift Shoppe. He added this use will be conducted in an existing building that will be renovated to accommodate White Dove. Mr. Ritz stated that Hospice of the Valley operates a number of thrift stores in Metropolitan Phoenix. He explained White Dove is proposing to locate into an 8,057 square foot vacant tenant suite in an existing building. He noted the building and parking lot front into 59th Avenue. He said that vehicular access is provided to the shopping center at three locations on 59th Avenue. Additional access is provided off Bell Road and 57th Avenue. He noted land uses in the immediate area are commercial to the north, east, west, and south. Mr. Ritz noted that on December 19, 2014, the applicant mailed notification letters informing the adjacent property owners and interested parties of their request. He said there were no responses received as a result of the applicant's notification letter. Additionally, a Notice of Public Hearing was published in The Glendale Star on February 12, 2015. He added that notification postcards of the public hearing were mailed to adjacent property owners and interested parties on February 13, 2015. He said the property was posted by the applicant on February 13, 2015. In conclusion, Mr. Ritz stated these requests appear to meet the required findings and should be approved, subject to the stipulations listed in the staff report. He asked for questions from the Commission. Chairperson Johnston called for questions from the Commission. Vice Chairperson Lenox asked what the drop-off hours were for this facility. Mr. Ritz stated they will encourage drop-off hours to only business hours. He added they will not have a bin outside to discourage any random drop-offs. Chairperson Johnston called for the applicant to make a presentation. Mr. Paul Gilbert, Beus Gilbert, introduced himself and stated he was available for questions. Chairperson Johnston opened the public hearing. With no one wishing to speak on this item, he closed the public hearing Chairperson Johnston called for a motion. VICE CHAIRPERSON LENOX MADE A MOTION TO APPROVE CUP14-08 WITH STIPULATIONS AS LISTED IN THE STAFF REPORT. COMMISSIONER HARPER SECONDED THE MOTION,WHICH WAS APPROVED UNANIMOUSLY. Chairperson Johnston called for the next step in the process. Deborah Robberson, Chief Deputy City Attorney said this is final approval by the Planning Commission subject to a written appeal if filed within 15 days. March 5,2015 Planning Commission Minutes Page 5 Chairperson Johnston called for the next case. 3. ZON14-04: A request by Mandalay Communities, Inc. to amend the development standards for the Carmel Estates Planned Residential Development in the R1-6 PRD (Single Residence, Planned Residential Development) zoning district. The site is located at the northwest corner of Skunk Creek and 54th Avenue (19268 North 54th Avenue) and is located in the Cholla District. Mr. Thomas Ritz, AICP, Senior Planner, stated this was a request to amend the development standards for the Carmel Estates Planned Residential Development in the R1-6 PRD (Single Residence, Planned Residential Development) zoning district. He said the site is located at the northwest corner of Skunk Creek and 54th Avenue and is located in the Cholla District. He stated this request was to amend the development standards for the Carmel Estates Planned Residential Development to decrease from 15 feet and 23 feet minimum front yard setbacks to 10 feet and 20 feet front yard setbacks, eliminate the required 3 foot stagger between adjacent homes, decrease the required rear yard setbacks from 20 feet to 15 feet, increase the maximum permitted lot coverage from 40 percent to 48 percent, allow the required 10 foot corner lot setback to be measured from the street right-of-way, and include the width of the adjacent landscape tract in the 10 foot yard setback. Mr. Ritz noted that on January 12, 2015, the applicant mailed notification letters informing the adjacent property owners and interested parties of their request. He said the applicant did not receive any responses regarding the request. However, the Planning Division received two comments in opposition to the request. He explained the first was from a resident along 54th Avenue east of the subdivision. He said the resident was opposed to the 10 foot front yard setback and that approval of this request will add more people into the neighborhood. He wanted sidewalks along 54th Avenue, south of Carmel Estates, to connect to Union Hills Drive. Mr. Ritz stated the second comment was regarding concerns about traffic on 54th Avenue. Additionally, a Notice of Public Hearing was published in The Glendale Star on February 12, 2015. He indicated that notification postcards of the public hearing were mailed to adjacent property owners and interested parties on February 13, 2015. He noted the property was posted by the applicant on January 26, 2015. In conclusion, Mr. Ritz stated these requests appear to meet the required findings and should be approved, subject to the stipulations listed in the staff report. He went through each stipulation in detail. He asked for questions from the Commission. Chairperson Johnston called for questions from the Commission. Commissioner Dobbelaere inquired when the Deer Valley Unified School District determined that adequate facilities were available for this site. Mr. Ritz replied that it was in 2006 and added he believed this still holds since the number of lots has not changed. Chairperson Johnston called for the applicant to make a presentation. March 5,2015 Planning Commission Minutes Page 6 Mr. Steve Shea, applicant's representative, stated he had nothing to add since staff did a good job of presenting the application. Chairperson Johnston opened the public hearing. With no one wishing to speak on this item, he closed the public hearing. Mr. Ritz stated he recommends adding a third stipulation if the Commission decides to approve this application. The stipulation should state that the rear yard setback on lots 31 to 35 will remain at 20 feet. Chairperson Johnston called for a motion. COMMISSIONER HIRSCH MADE A MOTION TO RECOMMEND APPROVAL OF ZON14-04 SUBJECT TO STIPULATIONS LISTED IN THE STAFF REPORT PLUS AN ADDITIONAL THIRD STIPULATION. COMMISSIONER DOBBELAERE SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. Chairperson Johnston called for the next step in the process. Deborah Robberson, Chief 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 Johnston called for the next case. Mr. Tom Dixon, CPM, Senior Planner, stated he will be presenting these two cases jointly since they are located on the same property; however, the Commission must make a motion for each item. 4. ZON15-02: A request by TTG, representing Hancock Homes, to apply the Planned Residential Development overlay to the R1-6 zoning district for Parkside Subdivision. This would allow a reduction in lot widths from 60 to 53 feet for a proposed 13-lot subdivision for single-family residential development. The site is located at 7225 North 77th Lane and is located in the Yucca District. Staff Contact: Tom Dixon, CPM, Senior Planner. 5. PP14-03: A request by TTG, representing Hancock Homes, for approval of a 13-lot single-family subdivision known as Parkside on two parcels totaling 3.39 acres in size and with a gross density of 3.83 dwelling units per acre. The proposed lot sizes range from 6,119 to 8,287 square feet in size. The site is located at 7225 North 77th Lane and is located in the Yucca District. Staff Contact: Tom Dixon, CPM, Senior Planner. Mr. Tom Dixon, CPM, Senior Planner, stated this was a request by TTG, representing Hancock Homes, to apply the Planned Residential Development overlay to the R1-6 zoning district for Parkside Subdivision. He explained that this would allow a reduction in lot widths from 60 to 53 feet for a proposed 13-lot subdivision for single-family residential development. He stated this March 5,2015 Planning Commission Minutes Page 7 request was also for approval of a 13-lot single-family subdivision known as Parkside on two parcels totaling 3.39 acres in size and with a gross density of 3.83 dwelling units per acre. He noted the proposed lot sizes range from 6,119 to 8,287 square feet in size. The site is located at 7225 North 77th Lane and is located in the Yucca District. Mr. Dixon stated that as part of the proposed development of Parkside Subdivision, a half-street improvement to North 77th Lane is required so that the street will become a fully functioning right-of-way as presently occurs on its section to the south. He indicated that access to the proposed 13 lots reviewed under companion case PP14-03 will come from an easterly 150-foot extension of Midway Avenue before it tees off for another 165 feet both north and south to form two cul-de-sacs called North 77th Drive. He said that no secondary access is available to the project because development decisions did not require stubbed access to the project site. Mr. Dixon noted that on January 28, 2015 notification letters were mailed informing the adjacent property owners and interested parties of the proposal. He said the applicant's Citizen Participation Final Report was approved on February 9, 2015 and is attached. Additionally, a Notice of Public Hearing was published in The Glendale Star on February 12, 2015. He added that notification postcards of the public hearing were mailed to adjacent property owners and interested parties on February 13, 2015. Mr. Dixon stated that staff has received three inquires from the same person regarding this project and a separate letter from the Orangewood Estates Homeowners Association. He said the Orangewood Estates Homeowners Association supports the project provided that the perimeter wall along the north side of Parkside Subdivision be constructed in a manner similar to the front of the development and that said wall be located at a two-foot setback from the north property line of the Orangewood Estates Homeowners Association Tract "C", a retention area and open space. In conclusion, Mr. Dixon stated these two requests appear to meet the required findings and should be approved, subject to the stipulations listed in the staff report. He asked for questions from the Commission. Chairperson Johnston called for questions from the Commission. There were none. Chairperson Johnston called for the applicant to make a presentation. Mr. Andrew Mizerek, applicant's representative, stated Mr. Dixon's presentation was very thorough and he had nothing to add but will answer any questions from the Commissioners. There were none. Chairperson Johnston opened the public hearing. Mr. Edward Curlis, Glendale resident, stated he was a resident and President of the Orangewood Estates Homeowners' Association. He noted that their request had been met with the decorative wall, however, was not sure if the 2 feet setback on the north wall was also met. He stated they March 5,2015 Planning Commission Minutes Page 8 wanted to be good neighbors and would help in any way they can but would also like to protect their properties. Commissioner Hirsch asked what their concern was on the 2 feet setback on the north wall. Mr. Curlis believes the 2 feet setback will create fewer problems when working around that area. Commissioner Hirsch inquired as to what will occupy the 2 foot gap. Mr. Curlis explained that at the moment they have curbing on the lot line and would suggest they put decomposed granite like they have on the other side of the curbing area. Mr. Jack Murtino, Glendale resident, explained why the community has requested the decorative wall as a stipulation. He also talked about the retention area which the community takes care of. Commissioner Hirsch asked the applicant what they were doing in regards to the wall and the 2 feet setback. Mr. Mizerek indicated that they will be willing to move the wall back 2 feet if that was what the community of Orangewood Estates would like. Commissioner Hirsch remarked if the applicant approves of the decorative wall and the decomposed granite. Mr. Mizerek replied yes. With no further comments, Chairperson Johnston closed the public hearing. Chairperson Johnston called for a motion. VICE CHAIRPERSON LENOX MADE A MOTION TO RECOMMEND APPROVAL OF ZON15-02 SUBJECT TO STIPULATIONS LISTED IN THE STAFF REPORT. COMMISSIONER BERRYHILL SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. Chairperson Johnston called for the next step in the process. Deborah Robberson, Chief 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 Johnston called for a motion. VICE CHAIRPERSON LENOX MADE A MOTION TO APPROVE PP14-03 SUBJECT TO STIPULATIONS LISTED IN THE STAFF REPORT. COMMISSIONER HIRSCH SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. Deborah Robberson, Chief Deputy City Attorney, said this is final approval by the Planning Commission subject to a written appeal if filed within 15 days. She said this was after the recommendation from the City Council on approval of ZON15-02. March 5,2015 Planning Commission Minutes Page 9 PLANNING STAFF REPORT Chairperson Johnston asked if there was a Planning Staff Report. There was none. COMMISSION COMMENTS AND SUGGESTIONS Chairperson Johnston called for Comments and Suggestions. Commissioner Hirsch wanted to commend TTG for being flexible and accommodating the neighboring community. ADJOURNMENT COMMISSIONER DOBBELAERE MADE A MOTION TO ADJOURN THE MEETING. THE MOTION WAS SECONDED BY COMMISSIONER BERRYHILL, WHICH WAS APPROVED UNANIMOUSLY. The meeting was adjourned at 7:03 p.m. NEXT MEETING: April 2, 2015