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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 6/4/2015 MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS ; .' 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,JUNE 4, 6:0011m•Fh _ CALL TO ORDER The meeting was called to order at approximately 6:00pm. Commissioners Present: Commissioners Dobbelaere, Harper, Hirsch, Gallegos, and Moreno (via telephone beginning at 6:11pm), Vice Chairperson Lenox, and Chairperson Johnston were present. City Staff Present: Tabitha Perry, Assistant Planning Director, Thomas Ritz, AICP, Senior Planner, Deborah Robberson, Chief Deputy City Attorney, and Diana Figueroa, Recording Secretary. APPROVAL OF MINUTES Chairperson Johnston called for Approval of Minutes. There were none. WITHDRAWALS AND CONTINUANCES Chairperson Johnston called for any withdrawals and/or continuances. CUP14-06: A request by Steve Ciolek, representing Verizon Wireless Communications and Anthony Mormino, property owner, to allow a 45-foot tall (50 feet to top of fronds) faux palm tree monopole communication structure in the C-3 zoning district. The site is located at 6446 West Maryland Avenue and is located in the Ocotillo District. Staff Contact: Thomas Ritz, AICP, Senior Planner. The applicant did not post the property as required for the June 4, 2015 Planning Commission hearing. COMMISSIONER HIRSCH MADE A MOTION TO CONTINUE THIS ITEM TO THE AUGUST 6, 2015, PLANNING COMMISSION PUBLIC HEARING. VICE CHAIRPERSON LENOX SECONDED THE MOTION, WHICH WAS APPROVED WITH A VOTE OF 6 TO 0. PUBLIC HEARING ITEM Chairperson Johnston called for staff's presentation. 1 June 4,2015 Planning Commission Minutes ZON15-03: A request by Becker Boards Large, LLC, to rezone approximately 7.4 acres from Planned Area Development (PAD) to Planned Area Development Amended (PAD Amended) to permit the placement of two (2) digital billboards eighty-five (85) feet in height. The site is located at the northwest corner of Bell Road and Loop 101 (17750 North 83rd Avenue) and is in the Cholla District. Staff Contact: Thomas Ritz, AICP, Senior Planner. Mr. Thomas Ritz, AICP, Senior Planner, stated this was a request by Becker Boards Large, LLC, to rezone approximately 7.4 acres from Planned Area Development to Planned Area Development Amended to permit the placement of two digital billboards eighty-five feet in height. He said the site was located at the northwest corner of Bell Road and Loop 101 (17750 North 83rd Avenue) and was in the Cholla District. He said the property was designated as office and also included in the North Valley Specific Area Plan. He noted that while the entire Palm Canyon Business Park was 26.1 acres in size, the applicant was only filing the rezoning request over a 7.4 acre portion of the property. He added that the area of the proposed rezoning does not correspond to any existing property lines, and does not include the site's proposed access on 83rd Avenue. On the easternmost portion of the property the North Valley Specific Area Plan and companion rezoning case were approved by City Council in 1989 and established a master development for the two square mile area adjacent to Bell Road. He stated the plan's purpose was to define the character of proposed development, including land use, circulation, and urban design considerations and to provide a basis for rezoning and development reviews. He explained that the easternmost portion of the property was annexed into the city in 1979, while portion of the 83rd Avenue Alignment were annexed in 1977, 1999, and 2007. The western portion of the property was de-annexed by the City of Peoria and annexed into the City of Glendale in 2007. He noted the Planned Area Development zoning was approved subject to 23 stipulations. He said Stipulation two required the administrative approval of a master sign plan concurrent with the submission of development plans for any portion of the property. Subsequently, the North Valley Development Environment Signage Guidelines were approved and last updated in 1997. Specifically, stipulation five of the Planned Area Development approval is: "Any existing billboard shall be removed at the time of development of the parcel on which it is located." Mr. Ritz stated that on October 23, 2007, Council approved GPA06-15 and ZON06-09, which amended the North Valley Specific Area Plan and rezoned the entire 26.1 acre Palm Canyon Business Park, including the portion which was the subject of this rezoning, resulting in a General Office land use designation for the property. On March 25, 2014, Council voted to deny rezoning application ZON13-04 Palm Canyon Business Park. He explained that this proposal last year would have amended the existing Planned Area Development zoning to allow two externally illuminated 85-foot tall static billboards on the property. He indicated the proposed sign areas range from 420 square feet to 672 square feet. He stated that at the February 6, 2014 Planning Commission public hearing, the request for the two billboards was recommended for denial on a 6-0 vote. He said Section 3.811 re-application of the City's Zoning Code provides that in cases where the amendment has been denied, no 2 June 4,2015 Planning Commission Minutes application of an amendment for the same or substantially the same request and, in the case of a map amendment on the same or substantially the same property shall be filed within one hundred eighty days from the date of denial of the amendment. As this period of time has passed, ZON15-03 was permitted to be filed. Mr. Ritz explained that as was the case in the previously considered zoning case ZON13-04, the applicant proposes to amend the existing Planned Area Development zoning topermit two 85- foot tall billboards. Unlike the previous rezoning application, the applicant proposes that these billboards be digital, with four faces capable of changing, internally illuminated advertising and one will have a third static face. He stated that only two of the existing digital billboards located within the City's Sports and Entertainment District, and none of the existing static billboards located anywhere in the city, match the proposed 85 foot height as proposed by the applicant. While the applicant has represented that the other billboards and digital billboards are at heights comparable to those existing, this statement is not accurate. He noted the applicant was proposing digital billboards spaced closer together that was permitted in the Sports and Entertainment District, claiming that this is a "safe read distance." He said the applicant claimed that a "safe read height" was justification for billboard heights of 85 feet. The south sign would be located approximately 40 feet off of Bell Road, north of the south property line, and the north sign would be located approximately 940 feet north of the south property line. He indicated that the north billboard would be prominently visible for the single-family residential neighborhood to the west, the Bell Park neighborhood. He noted the digital billboards are proposed to be placed within the landscape previously approved for the Palm Canyon office building. He stated the north billboard, the one closest to the neighborhood, was proposed to have two faces with a maximum sign area of 672 square feet each. He indicated that these digital signs would be oriented toward the north and southbound lanes of the Loop 101. The south billboard, closest to Bell Road, was proposed to have three faces. He added the two digital billboard faces oriented toward the Loop 101 would have a maximum sign area of 672 feet each; while one sign face would not be digital, but face west, oriented to Bell Road, and would have a maximum area of 420 square feet. Mr. Ritz noted that on March 18, 2015 the applicant held a neighborhood meeting at Arrowhead Elementary School, located at 7490 West Union Hills Drive in Glendale. Approximately 100 residents and interested parties attended the meeting. He said that numerous questions were asked of the applicant, and statement made in opposition to the placement of billboards. He stated that other than the applicant, no one spoke in favor of the billboards and neighborhood and others in the community have raised a number of concerns about the proposed digital billboards. In the past, the City of Glendale has worked with the adjoining cities when development occurs near or along city limits, thus the City of Peoria has also commented on this application. He stated the City of Peoria opposes the application and was consistent with past opposition on the prior case expressed formally by the Mayor and City Council through a Resolution. He said the City of Peoria was concerned about locating the southern sign less than 330 feet from the southern property boundary and located the northern sign within 1,000 feet of residential 3 June 4,2015 Planning Commission Minutes subdivision in Peoria. He explained the proposed amendment was not consistent in substance and location with the development objectives of the General Plan and was not consistent with the adopted North Valley Specific Area Plan. Mr. Ritz explained the Findings. He stated that the proposed amendment does not further the public health, safety and general welfare of the citizens of Glendale. He noted the proposal will not be compatible with other existing and planned development in the area and that the digital `billboards are not consistent with the intended character of the Palm Canyon Business Park. Furthermore, the approval of the Planned Area Development in 1989 was stipulated to the removal of existing billboards on any parcel within the Planned Area Development prior to development. He said the request was inconsistent with the intent of that stipulation, which was to remove an outdated form of advertising and to encourage freestanding sign of on-site advertising that suit the scale and character of the desired development. He stated the proposed billboards would be visible from single-family homes in the area, across the New River. He noted that while Planned Area Development zoning districts may include any uses permitted in the Zoning Ordinance, the proposal was not aligned with the current ordinance as it relates to billboards. He said the city has worked with property owners over the last several years to remove billboards along Grand Avenue and Olive Avenue in order to protect neighborhoods and remove visual blight. He stated the additional billboards along the Loop 101 North and the Bell Road Corridor, none currently exist, would be in conflict with past city efforts. He stated the majority of property along the Loop 101 in Glendale is primary residential but there are some commercial parcels and requests for additional billboards along the Loop 101 which will likely follow if this request is approved. There has been no information provided concerning signage luminosity to let the adjacent neighborhood know how bright the sign will be. He said new static billboards are permitted only in the M-1 and M-2 Industrial zoning districts. In conclusion, Mr. Ritz stated this request does not appear to meet the required findings and should not be approved. However, if the Commission chooses to recommend approval, it should be subject to the three stipulations as outlined 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. Mark Becker, Becker Boards, applicant, thanked the Commission for the opportunity to speak to them. He stated he would like to talk about four things that he would like them to keep in mind as they go through the presentation. He pointed out that the city was already in the billboard business with billboards at Westgate and were benefiting from them. Another point he wanted to bring up was all the propaganda coming out of the City of Peoria. He indicated that Peoria has not been forthcoming with information and has been doing everything behind closed 4 June 4,2015 Planning Commission Minutes doors. However, they have found that Peoria had been spending thousands of tax payer dollars on lobbyists opposing this project in Glendale. He read some emails/letters regarding the scare tactics and half-truths Peoria has been using. He said that it was their belief that Peoria wants to put up their own billboards and does not want the competition. His third point was that the area the billboards were being proposed was in an urban setting location. He talked about the surrounding area and the developments slated to be developed that include bright lights. He asked if they were also going to stop development in the area because it included bright lights. He reviewed the billboard simulation and explained that the photo being passed around by the opponents was "photo shopped". He presented their own review of where the area the lights of the billboard could be seen and it showed they could not be seen anywhere in the immediate area. He said he even offered to pay $1000 to someone living in the area that could prove they could see the lights of the billboard from where they lived. He said that not one person called. He presented his own rendering of a photo of what he said it would really look like. He acknowledged that the only people that will see the billboards would be the first row of Peoria houses and will only see the back of the billboard from far away. He reviewed spacing and height, which were well within compliance. In regards to property values, he refuted the claim that billboards would hurt property values since having the freeway in close proximity always increase property values. He introduced three separate studies with appraisers noting that there was no measurable impact to property values since the billboard were too far away from the homes to make any impact. He indicated that small businesses were the ones that most benefited from billboards and were the economic engine of their economy. He noted that billboards are one of the cheapest costs of advertising. He discussed the benefits to Glendale and how it would help Glendale's economy and reiterated that this was an urban setting where lights, traffic and noise already exist in the Glendale Entertainment District. He added that billboards already exist in the area. He looks forward to the Commission to consider this objectively. He asked them to look at both the pros and cons and not just rely on the information provided by Peoria. Mr. Becker presented signature cards in support of this request to the Commission and staff. Chairperson Johnston thanked Mr. Becker for his presentation and asked the Commission if they had any questions. Commissioner Harper asked where they collected the signature cards. Mr. Becker said they were collected primarily from two districts in the area that also included businesses. He said they had gone door-to-door. Commissioner Dobbelaere asked Mr. Becker if he lived in this community. He replied no but added he owned property in Glendale. Chairperson Johnston opened the public hearing. Pamela Bradfield, speaker, stated she was against putting up the billboards since they look like casino signs. She asked Mr. Becker if he lived in the area, would he want to put up these signs. 5 June 4,2015 Planning Commission Minutes She also talked about the very bright lights that will be visible from everywhere in the community. Cathy Swans, speaker, stated she was against putting up more billboards in the area and believes they are not needed. She added it will also disrupt the beauty of New River and the area. She added that personally speaking, they had moved into their home in October only to find out about this project. They bought the house because of the backyard area and all the nature and animals that they see daily. She asked them to please deny this application. Chris Jacques, with the City of Peoria, stated his opposition to this application since the billboards affect both Peoria and Glendale negatively. He reviewed some of the same points explained by staff. He talked about Peoria's stands on billboards. Sue Ellen Brady-Nugent, speaker, expressed her opposition to this application. She believes the billboards will affect property values and be a detriment to the area and neighborhoods. Reverend Jarrett Maupin, speaker, stated his support for this application. He stated the photograph with the giant billboard was meant to scare everyone and was not accurate. He asked them to look at all the information and they will know the truth about this application. He understands protecting the truly scenic areas of the city; however, this was not one of them since it was an urban location. Ken Watt, speaker, expressed his opposition to this application. He noted his house was in the pictures and that the billboards will affect everything they'll do in their backyard every night. He also spoke about the Amber Alert flashing lights that will be very visible from his home. Holly Fallucca, speaker, stated her opposition to this application. She said when she moved into the area this was not allowed. She stated she did not sign the petition in favor of the signs and would like to know if any that signed were in the audience. David Mook, speaker, stated he serves as the President of the Board of Directors of Arrowhead Phase II. He asked the Commission to uphold and keep the ordinance in place and deny this application. Christine Cox, speaker, expressed her opposition to this application. She said she was affected by this application and submitted a photograph to staff She said that the billboards will decrease the beauty of the area and asked the Commission to deny the application. John Mendibles, speaker, stated he was speaking for a group of veterans. He said he was here today to express his appreciation to Mr. Becker for his support and continued help to the U. S. Veterans Association. He thanked the Commission for listening to his comments. Diana O'Brien, speaker, stated her opposition. She explained that property values will drop in the area and their quality of life will be affected. She talked about the $1000 that Mr. Becker offered which she believes was a sham. She hopes the Commission saw through his deception and denies this application. 6 June 4,2015 Planning Commission Minutes Michelle Tennyson, speaker, expressed her opposition to this application. She believes billboards are visual blight and affect the safety of everyone. She stated that most people view billboards as unfavorable and most don't care for them. She asked why the city was not enforcing the billboard ordinance. Arman Sufian, speaker, displayed a picture of how approval of this application and the billboards would affect this property. John Janssen, speaker, stated his opposition to this application. He said he was very much concerned how this was going to affect his quality of life and his community. He hopes the Commission protects the community as they should. Douglas Cox, speaker, expressed his opposition to this application. He said it was not true what Mr..Becker said about only a few people seeing the billboards along the wash. He said most will be able to see them from about three blocks way. He presented pictures that show where the billboards will actual be in relation to his house. Dr. Kathleen Goeppinger, President and CEO of Midwestern University, stated she lives in Arrowhead Ranch. She stated her opposition to this application. She said that people in her community really take care of their homes and believed this was no place for a huge sign. She noted that this will disrupt their quality of life and change the scenery and the community forever. Jason Mallette, speaker, commented on the yellow tee shirts that some were wearing that said "Support Glendale, don't bow to Peoria" he suggested they instead should say "Support Glendale don't bow to Paradise Valley." Pauline Heil, speaker, stated she was very disappointed that she was here yet again opposing this application. She talked about the residents that will really be affected by these billboards that will be right on top of their backyards. Connie Kiser, speaker, stated that she was also disappointed she was here again to talk about opposing this issue. She talked about how this application will negatively affect the community. She asked the Commission to deny this application, however, if this were to come back again since Mr. Becker was very persistent, she will also be back again to oppose this issue as long as it takes. Robyn Fonk, speaker, expressed her opposition to this application and billboards. Francis Neyer, speaker, stated he was glad that Glendale and Peoria were working together on this issue. He was also against billboards and believes they were a safety hazard. Jerry Fennema, speaker, said he believes that billboards were totally unacceptable and a total determent to the community. He said that no other area in Peoria or Glendale had billboards in such close proximity to residential areas with occupied homes. He noted these signs belong in 7 June 4,2015 Planning Commission Minutes industrial areas and not in the middle of communities. He asked Mr. Becker if he or his investors did not understand the meaning of"no." He said that no means no. Ann Marie Christopherson, speaker, stated she worked in the cities of Glendale and Phoenix for many years as a firefighter and paramedic. She noted that recently Glendale had 500 applicants and sadly could only afford to hire 6 paramedics and 6 EMTs. She said the city was highly understaffed and in need of help especially with the growth the city has had. She said that anything the city can do to raise money to hire new people and help the people that have jobs keep them was essential. She also supported the billboards since they honored the military. Jay Josephs, speaker, stated he was an appraiser and owns one of the largest appraisal firms in the valley. He said he has probably reviewed and seen about 10,000 appraisals run through his firm. He noted he does not know Mr. Becker personally and had never met him until he was hired to do the appraisal on this site. He said he was also a field appraiser and a broker: He noted that he has a unique 360 degree perspective on what will affect property values. He was hired to see if these billboards would affect property values or if they would affect any particular neighborhood or residence individually. He stated that he surveyed the area and reviewed the plans thoroughly. He said his conclusion was that from an appraisal perspective it was his strong opinion that these billboards have no impact on any particular property value, any residence or any neighborhood. Erin Cutrano, speaker, stated he was here representing the people of Glendale and Peoria as he has friends who live in the area of the proposal. He expressed his support for Mr. Becker and all he has done for the military using the billboards for positive advertising. He said that he has opened many doors for them. He said that billboards also provide a lot of benefits for the community as well as put money back into the city. John Tellefsen, speaker, expressed his opposition to this application. He said that the billboards will encroach on his backyard and his quality of life. He noted that because of the proximity to his backyard, the billboard will extremely light up his home. He strongly opposes this application. Chairperson Johnston asked Mr. Becker if he had any closing comments. Mr. Becker stated he had two points to make. He said the heights proposed were lower than what was mentioned. He noted that there was still some confusion as to where the billboards will be facing. He said they were not oriented toward houses in Peoria to the west but will actually be facing the freeway. Chairperson Johnston closed the public hearing Chairperson Johnston asked for comments from the Commission. There were none from the Commissioners but the Chair had a comment. Chairperson Johnston stated he really appreciated when citizens came and participated in issues that affect their communities. He said it was always a privilege to come and serve them, both as 8 June 4,2015 Planning Commission Minutes an elected official and as an appointed one for 15 years. He explained that in all his years of serving,he has never been more disappointed in an application. He said this was not a Glendale verses Peoria issue. He was disappointed in the fact that this was the second time he has heard this issue come before them and that veterans had been used as leverage for this application. He also heard from people who do not have any skin in the game. He was also disappointed that Mr. Becker asked some Commissioners to meet with him before the meeting. He said that this was highly inappropriate. He was proud that none of the Commissioners took him up on that invitation. He mentioned the Commission had also been supplied with huge stacks of cards that claim to support this cause; however, there was no way to verify where they came from. He noted that there seemed to be a pattern of deception and deflection. He explained we live in a democracy that was of the people, for the people, and by the people and that overrides everything. He noted the Commission was there to represent the people and what the people feel was best for their community. Chairperson Johnston called for a motion. VICE CHAIRPERSON LENOX MADE A MOTION TO RECOMMEND DENIAL OF ZON15-03. 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. OTHER BUSINESS FROM THE FLOOR Chairperson Johnston asked if there was any Business from the Floor. There was none. PLANNING STAFF REPORT Chairperson Johnston asked if there was a Planning Staff Report. Chairperson Johnston asked for a motion to vacate the July 2, 2015, Planning Commission Meeting. COMMISSIONER HARPER MADE A MOTION TO VACATE THE MEETING OF JULY 2, 2015. COMMISSIONER HIRSCH SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. COMMISSION COMMENTS AND SUGGESTIONS Chairperson Johnston called for Comments and Suggestions. Commissioner Hirsch made comments regarding outdoor advertising, billboards in the Sports and Entertainment District, and his preference for billboard locations. He also hopes this was the end of this application. 9 June 4,2015 Planning Commission Minutes ADJOURNMENT WITH NO FURTHER BUSINESS, COMMISSIONER DOBBELAERE MADE A MOTION TO ADJOURN THE MEETING. COMMISSIONER HIRSCH SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY The meeting was adjourned at 8:32 p.m. NEXT MEETING: August 6, 2015. 10