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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 8/4/2016MII\UTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85307 THURSDAY, AUGUST 4, 2016 6:00PM CALL TO ORDER The meeting was called to order at approximately 6:00pm. Commissioners Present: Commissioners Al Lenox (via telephone), Rick Harper, Gary Hirsch, Jack Gallegos, David Moreno, Vice Chairperson Arthur Dobbelaere and Chairperson Steve Johnston were in attendance. City Staff Present: Tabitha P.try, Assistant Planning Director, Jon Froke, AICP, Planning Director, James Gruber, Deputy City Attorney, Martin Martell, Planner, and Diana Figueroa, Recording Secretary. APPROVAL OF MINUTES Chairperson Johnston called for Approval of Minutes. Commissioner Hirsch made a motion to approve the April 7, 2016 Regular Meeting Minutes. Commissioner Harper seconded the motion, which was approved 7 to 0. Vice Chairperson Dobbelaere made a motion to approve the April 23,2016 Special Meeting Minutes. Commissioner Hirsch seconded the motion, which was approved 7 to 0. Commissioner Harper made a motion to approve the April 25, 2016 Special Meeting Minutes. Commissioner Hirsch seconded the motion, which was approved 7 to 0. Commissioner Hirsch made a motion to approve the May 5, 2016 Regular Meeting Minutes. Vice Chairperson Dobbelaere seconded the motion, which was approved 7 to 0 WITHDRAWALS AND CONTINUANCES Chairperson Johnston called for any withdrawals and/or continuances. Ms. Tabitha Perry, Assistant Planning Director, stated that Case numbers GPAI5-06, ZONI5-15, and PPl5-03 have been withdrawn by the applicant. l. GPA15-06: A request by KB Home to amend the general plan from P/OS (Parks & Open Space), and OFC (Office) to Medium-High Density Residential (5-8 DU/AC) on 9.28 acres of vacant land. The site is located on the north side of Grandview Road at 73'd Avenue (7300 West Grandview Road) and is located in the Sahuaro District. Staff Contact: Jon Froke, AICP, Planning Director. August 4,2016 Planning Commission Minutes 2. ZON15-15: A request by I(B Home to rezone the site from A-l (Agricultural), and C-O (Commercial Office), to Rl-4 PRD (Single Residence, Planned Residential Development) on 9.28 acres of vacant land. The site is located on the north side of Grandview Road at 73'd Avenue (7300 West Grandview Road) and is located in the Sahuaro District. Staff Contact: Jon Froke, AICP, Planning Director. 3. PPl5-03: A request by KB Home for Preliminary Plat approval for The Villas at Park Paseo, consisting of 50 single family lots on 9.28 acres of vacant land at a density of 6.08 DU/AC. The site is located on the north side of Grandview Road at 73'd Avenue (7300 West Grandview Road) and is located in the Sahuaro District. Staff Contact: Jon Froke, AICP, Planning Director. PUBLIC HEARING ITEMS Chairperson Johnston called for staffs presentation. 4. CUPI6-01: A request by Don Olson for a Conditional Use Permit (CUP) to operate a home occupation (Class II) business in a private backyard of a residence, which will mainly consist of growing trees and selling trees to customers with appointments on a property in the SR-17 (Suburban Residence) Zoning District. The site is located north of the northeast corner of 59th and Northem Avenues (5841 West Royal Palm Road) and is in the Banel District. Staff Contact: Martin Martell, Planner. Martin Martell, Planner, stated this was a request by Don Olson for a Conditional Use Permit to operate a home occupation business in a private backyard of a residence, which will mainly consist of growing trees and selling trees to customers with appointments on a property in the SR-17 Zoning District. He said the site is located north of the northeast comer of 59th and Northern Avenues and is in the Barrel District. He stated this request has been modified from the original request to allow outside storage with sales of trees, plants, and treated soil on a residential property. He noted the revised request is to allow a home business that will grow and store trees, plants and treated soil on site for offsite sales. He explained this item was first heard on May 5,2016, the Planning Commission continued this item to its August 4,2016 meeting at the applicant's request. Mr. Martell stated that on February 15,2016 the applicant mailed notification letters to adjacent property owners and interested parties. He said that from these notification letters, the applicant received a total of six telephone calls. From these telephone calls two were in support and four were opposed to the applicant's request. He indicated that since the notifications letters have been distributed, Planning staff has received numerous e-mails and telephone calls conceming this request. He noted the complaints were in opposition to the request as well as concems regarding heavy traffic and parked cars on the street. Others were opposed to having large scale semi-tractors making delivers on site as well as a drop in property values. However, staff did receive a large amount of e-mails from those who were in support. August 4,2016 Planning Commission Minutes On June 27, 2016, the applicant mailed notification letters to adjacent property owners and interested parties. From these notification letters, the applicant received no responses. He added that since the second notification letters, Planning has received two phone calls conceming this second request. One caller was upset that the notification of the second meeting only anived seven days prior to the meeting and another caller was asking how the second request was different from the first request. The second Neighborhood Meeting was held on Wednesday, July 6,2016 where 12 people attended. Of the 12 people who attended four were in favor, two were impartial and six were opposed. He explained that the six people opposed were the same six that were opposed to the first CUP request. He noted the six opposing residents all had the same concems they had from the first neighborhood meeting. In conclusion, Mr. Martell stated this request does appear to meet the required findings for a Conditional Use Permit. Staff recommends approval of the case listed above, subject to the seven stipulations contained in the staff report. He asked if the Commission had any questions. Chairperson Johnston called for questions from the Commission. Commissioner Hirsch asked if Mr. Martell attended the neighborhood meetings. Mr. Martell responded he had attended both meetings. Commissioner Hirsch noted that the first meeting was held outside the facility which was odd. Mr. Martell explained that it was actually held in the front of the building outside in the courtyard area at GCC. He stated the applicant had originally planned the meeting inside, however, they were later told the room was occupied with students working on their homework. Commissioner Hirsch asked how many people attended the meeting. Mr. Martell responded 72 individuals had attended. Commissioner Hirsch asked if this was unusual to have an event of this size outside. Mr. Martell said yes. However, he noted that the discussion and the questioning of the applicant went very well. He explained they were in a circle format with the applicant in the middle answering everyone questions and he could be clearly seen by everyone. Commissioner Hirsch asked him to elaborate on the second meeting he attended. Mr. Martell stated the second meeting was held indoors at the Glendale Adult Center. Commissioner Hirsch asked how many people attended the second meeting. Mr. Martell responded l2hadattended. Vice Chairperson Dobbelaere had a question regarding an additional stipulation which was included late in the process. He said the stipulation read; that the CUP will be reviewed on its one-year anniversary by the Planning Director for compliance. He asked if that stipulation could be added to the staff report's stipulations. Mr. Martell stated there had been some discussion on that matter between Mr. Froke and Ms. Perry and they ultimately revoked putting it in the stipulations, however, it possibly could be something they can entertain. Tabitha Perry, Assistant Planning Director, stated that staff did discuss this matter but should the Commission decide to add that stipulation, it can be done. She explained staffs reasoning regarding their decision and noted the provision was outlined in the report. However, as she stated previously, the Commission can decide to incorporate it in the stipulations. Chairperson Johnston called for the applicant to make a presentation. August 4,2016 Planning Commission Minutes Mr. Jeff Blilie, Beus Gilbert, applicant's representative, clarified the CUP they were asking for tonight was to grow trees with no sales being involved. He said that entire concept of sales had been removed and they were only dealing with growing trees and storage. He explained that he had become involved after the first neighborhood meeting. He said that after reading over the minutes from the first meeting, the major concern appeared to be traffic issues and that was when they decided to remove the private sales component from the application. He indicated that removes employees and only has the applicant working on growing trees. He explained this will eliminate the traffic congestion that had been an issue. He stated that at the second neighborhood meeting there were only about 12 to 15 people and the main issue with the people had to do with animosity and not trusting the applicant. He believes this animosity stemmed from the applicant starting the business prior to applying for the CUP. He explained that the applicant was informed to stop any business transactions until this matter was cleared up and to his knowledge he did. He stated that they were in agreement with Vice Chair Dobbelaere's recommend stipulation which he believes will bring a level of trust back into the equation and insure they were in compliance. He reviewed the site plans and application noting that the property was ideal for this type of business. He believed that if it had not been for this uproar and lack of CUP in the first place, most people would not have had a problem with the applicant growing trees and accepting deliveries 4 to 6 times a year and pick-up trucks coming in once or twice a week. He noted that staff had done a good job of explaining how they meet all the conditions of the CUP and he believes they have gone above and beyond. He reviewed the stipulations set forth by the Commission and how they will adhere to each one. He talked about how many people have home based businesses and are able to make it work without it becoming commercialized. He added that he had also reviewed the CC&R's regarding this property and they are not being violated. He pointed out that many neighbors that live in close proximately to the property support this application. He stated the bottom line was this will not have a detrimental impact to the neighborhood, or cause property values to decrease, or increase traffic and most importantly, it will not have any impact on maintaining its historical nature in the residential neighborhood. In closing, he said they have met all five conditions and enthusiastically accept all stipulations set forth by staff including the eighth stipulation regarding a review. He stated they respectfully request the Commission accept and approve their application. Chairperson Johnston asked for any comments or questions. Commissioner Hirsch asked a question regarding the four to six deliveries per year. He asked if that included deliveries for mulch, soil and other similar items. Mr. Blilie responded yes. He added they were comfortable with that number. Chairperson Johnston opened the public hearing. Ms. Maxine Shipley, speaker, stated her concern and opposition to this application. She believed they were opening the door to something they do not want. Her concern was that when one goes into business, people do not want to stay stagnate, they want to grow to make more money which will become a problem from a home business in a residential neighborhood. She also wonders P I ann i n g "",'*l?Ji'Ji "L:: who will be watching to see if he complies with the stipulations. She strongly disagrees with this application and request it be denied. Kevin Worwinski, speaker stated his opposition to the application. He said his interpretation of applying for a CUP was to open a small business to supplement one's income to help one's family. He said that in this case, this is the applicant's sole souree of income and he is not a resident on the property and only purchased it to run a business from it. He believes it was never the intention of the applicant to live there. Additionally, he conducted business knowing he needed a CUP and when confronted, only stated that he had made a mistake. However, threats and not having permits have not deterred him from conducting business. He explained that the applicant also has problems with permits in Phoenix and that also has not stopped him from advertising his product. He noted that by granting his application, they will only be rewarding someone that keeps pushing the limits and someone that does not adhere to the regulations set forth by the city. Karen Jackson, speaker, stated her opposition to the application. She noted that it was documented that he was shopping for a property for his business and not a residence. She noted she did not know the owner of the property and does not know the relationship he has with the home owner. She talked about the CC&R's and how she believes he was in violation of them. She noted that she feels very strongly that the CC&R's should be followed even if it takes them bringing forth a personal lawsuit by the residents since she believes having a CUP in the neighborhood is illegal. She also talked about other neighbors wanting to start up business and how she had called the city and they eventually stopped. She agreed with most of Mr. Worwinski comments and hopes the Commission denies the application. Commissioner Harper asked if the applicant owned the property. Ms.Jackson replied no. Richard Lund, speaker, stated his opposition to the application. He read a statement regarding the applicant's business practices which have been advertised on Facebook making it sound like a very large scale business, not a small family business. He talked about the large trucks and vehicles coming and going. He also discussed the information and regulations on the CC&R's. He believes this is not a good thing for the neighborhood and hopes this request is denied. Mickey Lund, speaker, stated her opposition to the application. She read a statement regarding the applicant's business issues and mistruths. She said the applicant believes it was easier to beg for forgiveness than ask for permission. She hopes the Commission denies this request. James Ferraro speaker, stated his oppositions to the application. He stated his concerns regarding the trucks and vehicular traffic as well as trying to maneuver backing up a tracker trailer on a residential street. He said that it was one of the most dangerous things those trucks have to do. He also voiced concems about storing fertilizer on the property which could pose a hazard. He hopes the Commission denies this request and protect the neighborhood. Art Othon, speaker, stated that he lives at the property in question and was the father of the property owner, Monique who is manied to the applicant. He would like to clear up a few issues. He said that Don had never stored fertilizer on the property but rather mulch which is August 4,2016 Planning Commission Minutes very different. He explained that most of the residents do not like Don since he was a bit arrogant and had made a few mistakes which offended many residents. He explained that in regards to the CC&R's, this property was zoned differently from others as shown on the map which demonstrate no violation. He indicated that this business actually beautified the area and invited the Commission to visit. He said it looks like a tropical island and not commercial at all. He noted eyesores in the neighborhood which were truly unsightly such as large RV's parked on the street and large amounts ofjunk in backyards. He believes this family business was good for the city and they should take a fresh look at it and not rely on the residents that dislike the applicant. He reiterated that this was a family business not an industry. Craig Griffith, speaker, stated his opposition to this application. He indicated that he was not aware that all this was happening but now knows where all the bees were coming from. He said he has two grandkids that were allergic to bees. He said he choose Glendale because of the hometown and community feel. He noted he did not know about this business until he encountered a near miss accident because of the business traffic. He talked abciut witnessing a delivery of mulch in the morning hours and would like to know if that was one of the 5 to 6 times of year they delivered. He said he was here to express his displeasure regarding this business in a residential neighborhood. He hopes the Commission denies this request. Commissioner Hirsch asked if he had heard correctly, that there was a delivery in the early moming and if so what time. Mr. Griffith stated it was about 8:00am. He said he has seen this twice in the last five weeks. Commissioner Hirsch asked what section of the property was this occurring in. Mr. Griffrth stated that it was in the very front. Martha Dennis, speaker, stated she was present at the request of the homeowners to provide some historic insight of the property and area. She provided a brief history of the area. Chairperson Johnston asked Mr. Martell to provide some clarification regarding the CC&R's for the property in question verses surrounding properties. Mr. Martell explained that this property pre-dates the Thunderbird Estates, MacDonald addition since it was one of the original homesteads. Therefore, at that time and for that aspect, he believes that the CC&R's would not apply to this property. Ms. Jackson previous speaker announced she had information on that matter. Chairperson Johnston asked if anyone would like to hear from Ms. Jackson on this issue. Ms. Jackson provided a map showing the zoning and reiterated her earlier comments. Chairperson Johnston asked Mr. Blilie if he had any closing remarks. Mr. Blilie remarked on the CC&R's and how they were not applicable in this case. He noted that the CC&R'S were for the homeowners and not the city to get involved in. He reiterated his earlier comments regarding this family business not being a detriment to the community and this was all clearly because the applicant got off on the wrong foot with the homeowners. However, they are here to make things right and ask for forgiveness. He added that staff has recommended approval of this application and it should be approved subject to the stipulations. August 4,2016 Planning Commission Minutes Chairperson Johnston asked if there were any further comments or procedural guidance. James Gruber, Assistant City Attomey, noted that in regards to the CC&R's it was best to look at the CC&R's and city code as independent of one another. He explained that the CC&R's was not a consideration that comes before the city and was not outlined in the city's ordinance. Commissioner Hirsch asked if there had been any code violation during the time of this application. Mr. Martell stated there had been one waming and a demand to stop operation on the property during this year and it was still being enforced until this hearings outcome. Chairperson Johnston closed the public hearing. Chairperson Johnston called for a motion. COMMISSIONER HIRSCH MADE A MOTION TO DENY CUPT6.OT. COMMISSIONER MORENO SECONDED THE MOTION, WHICH WAS APPROVEI) wrTH A VOTE OF 6 TO l (GALLEGOS). Commissioner Moreno recommended they have more studies and meetings with the residents and possibly bring this application back. Commissioner Hirsch remarked that in all his years on Boards and Commissions, he has never received as much feedback from a neighborhood about the conduct of an applicant as egregious as this one. He said the applicant clearly had a complete lack of consideration of thoughts for his neighbors and he ignored the process. He urged the other Commissioners to deny this application. Commissioner Gallegos stated he was in support of staffls findings and analysis. He noted the comments made by Commissioner Hirsch regarding the applicant's conduct should not be the role of the Commission but rather they should look at staffs findings and recommendations to see if they are being met. Commissioner Lenox stated that he likes to do his homework on these cases so he had gone by the property in question and had personally witnessed the trucks and the mulch bagging when the applicant had an order to stop operation on the property. Therefore, in good conscience he could not recommend approval. Chairperson Johnston thanked everyone for being very respectful on both sides. He also commends staff for doing their job to the best of their ability. He explained that for his decision, the people's voice carried a lot of weight in his opinion. He wished he would have heard from more individuals that were in favor of this application. Chairperson Johnston asked for a roll call vote. The motion was denied. Chairperson Johnston asked for the next step in the legal process. I August 4,2016 Planning Commission Minutes James Gruber, Assistant City Attorney stated the Planning Commission's actions are final subject to a written appeal if filed within l5 days. 5. CUP16-02: A request by Archicon Architecture & Interiors for Conditional Use Permit approval for Bush's Chicken, a convenience use consisting of a2,992 square foot freestanding building with three drive thru lanes. The site is located on the northwest corner of 73'o Avenue and Bell Road (7322 West Bell Road) and is located in the Sahuaro District. Staff Contact: Jon Frokeo AICP, Planning Director. Jon Froke, AICP, Planning Director, stated this request was by Archicon Architecture & Interiors for Conditional Use Permit approval for Bush's Chicken, a convenience use consisting of a2,992 square foot freestanding building with three drive thru lanes. He said the site is located on the northwest corner of 73'o Avenue and Bell Road and is located in the Sahuaro District. He explained that Bush's Chicken is requesting a conditional use permit to allow a drive thru for a fast food restaurant. He noted the site was originally developed with Bill Johnson's Big Apple restaurant building which will be demolished and a new 2,992 square foot freestanding restaurant will be constructed. He said the site plan depicts 30% landscaping and coverage and provides adequate onsite parking for 32 spaces. He noted the three drive-thru lanes will be adequate in length to accommodate a queuing of more than six vehicles. Additionally, the traffic will flow in a counterclockwise direction around the building. He noted that customers leaving will have full access to Bell Road at the traffic signal on 73rd Avenue which will ensure a more efficient traffic flow. Mr. Froke stated that on March 25, 2016, the applicant mailed notification letters to adjacent property owners and interested parties. The applicant and the Planning Division did not receive any response to the notification. In conclusion, Mr. Froke stated this request does appear to meet the required findings. Staff recommends approval of the case listed above, subject to the stipulations contained in the staff report. He asked if the Commission had any questions. Chairperson Johnston called for questions from the Commission. There were none. Chairperson Johnston called for the applicant to make a presentation. Keith Green, applicant's representative stated he had nothing to add and agreed with staffs findings and stipulations. Chairperson Johnston asked for any comments or questions. There were none. Chairperson Johnston opened the public hearing. Douglas Lake, speaker, did not wish to speak. He said his questions had been answered. August 4,2016 Planning Commission M inutes Chairperson Johnston closed the public hearing. Chairperson Johnston called for a motion. COMMISSIONER MORENO MADE A MOTION TO APPROVE CUPI6.O2 SUBJECT TO ONE STIPULATION. COMMISSIONER HARPER SECONDED THE MOTION, WHICH WAS APPROVED WITH A VOTE OF 7 TO O. Chairperson Johnston asked for the next step in the legal process. James Gruber, Assistant City Attorney stated the Planning Commission's actions are final subject to a written appeal if filed within l5 days. 6. CUP16-0?: A request by Brelby Theater Company for Conditional Use Permit approval to operate a mixed-use performing arts center, which will consist of high quality performances, artistic endeavors, community enrichment, and education on a property in the Catlin Court PAD (Planned Area Development). The site is located northeast of the northeast corner of 59'n and Glendale Avenues (7154 North 58th Drive) and is in the Ocotillo District. Staff Contact: Martin Martell, Planner. Martin Martell, Planner, stated this was a request by Brelby Theater Company for Conditional Use Permit approval to operate a mixed-use performing arts center, which will consist of high quality performances, artistic endeavors, community enrichment, and education on a prope.rty in the Catlin Court PAD. He said the site is located northeast of the northeast comer of 59'n and Glendale Avenues and is in the Ocotillo District. He noted the applicant is requesting CUP approval for a mixed-use performance arts center that will offer a wide range of live theatrical events, various artistic endeavors, and thespian educational workshops in an existing building that is located in the Catlin Court PAD zoning district. He said this new location will give the Brelby Theater Company an opportunity to create an arts center which will provide high quality live performances. He explained the new theatre will be housed in an existing building that is approximately 2,575 square feet with a full basement which will accommodate the proposed use. He noted the majority of the performances will be between 7:30pm to l0:00pm on Friday and Saturday evenings with matinee shows on Sunday aftemoon between 2:00pm to 4:00pm. He indicated these days and hours during the week will benefit this part of the city by drawing in residents and visitors to Downtown Historic Glendale. Additionally, by locating the theater within Catlin Court it will increase the amount of visitors in Downtown Glendale which will be great for the economy. Mr. Martell stated that on May 16, 2016, the applicant mailed notification letters to adjacent property owners and interested parties. He said the applicant did not receive any response regarding the request. However, Planning did receive one response from a resident that had concerns that this new use will cause an increase of traffic and parked vehicles to this area, especially during city festivals. He said that on June 6,2016 a neighborhood meeting was held August 4,2016 Planning Commission Minutes at the subject site and a total of 28 individuals attended. All who attended were in full support of the CUP request and the proposal. In conclusion, Mr. Martell stated this request does appear to meet the required findings. Staff recommends approval of the case listed above, subject to the stipulations contained in the staff report. He asked if the Commission had any questions. Chairperson Johnston called for questions from the Commission. There were none. Chairperson Johnston called for the applicant to make a presentation. Mr. Brian Maticic, stated he was just here to thank everyone for their support and all who attended the neighborhood meeting. He said he was happy to answer any questions. Chairperson Johnston asked how many performances they plan to begin with. Mr. Maticic stated they plan to produce 16 performances for this season and about 230 individual various artistic endeavors in 2017. He said the shows were about 4 to 5 times a week. Chairperson Johnston asked if there would be anything produced that minors should not see. Mr. Maticic stated that any questionable situations or adult theme such as language etc. will be clearly advertised beforehand as well as in the press releases. Chairperson Johnston asked for any comments or questions. There were none. Chairperson Johnston opened the public hearing. Since there was no one wishing to speak on this item, the public hearing was closed. Chairperson Johnston called for a motion. COMMISSIONER HARPER MADE A MOTION TO APPROVE CUPT6.O7 SUBJECT TO ONE STIPULATION. COMMISSIONER MORENO SECONDED THE MOTION, WHICH WAS APPROVED WITH A VOTE OF 7 TO O. Chairperson Johnston asked for the next step in the legal process. James Gruber, Assistant City Attorney stated the Planning Commission's actions are final subject to a written appeal if filed within l5 days. Chairperson Johnston stated the next two cases will be heard concurrently. 7. GPAI6-02: A request by Earl, Curley & Lagarde, P.C. representing Sant6 Partners, to amend the General Plan land use map from Medium Density Residential (3.5 to 5 du/ac) to Medium-High Density Residential (5-8 du/ac) and High Density Residential (20-30 du/ac) on a l9-acre parcel located at the southeast corner of 89th and Glendale Avenues (8847 West Glendale Avenue). The site is located in the Yucca District. Staff Contact: Tabitha Perry. Assistant Planning Director. t0 August 4,2016 Planning Commission Minutes 8. ZONI6-01: A request by Earl, Curley & Lagarde P.C. representing Santd Partners, to rezone a l9-acre parcel from A-l (Agricultural), C-O (Commercial Office) and Rl-6 (Single Residence) to PAD (Planned Area Development). The proposal will allow for a master planned development titled "Westgate Village" consisting of land uses such as a senior independent living facility with several ancillary uses and a single-family residential subdivision. The site is located at the souiheast corner of 8-9th and Glendale Avenues (5547 West Glendale Avenue). The site is located in the Yucca District. Staff Contact Tabitha Perry, Assistant Planning Director. Tabitha Perry, Assistant Planning Director, stated this was a request by Earl, Curley & Lagarde, P.C. representing Santd Partners, to amend the General Plan land use map from Medium Density Residential to Medium-High Density Residential and High Density Residential on a l9-acre parcel located at the southeast corner of 89th and Glendale Avenues. In addition, the applicant is also requesting to rezone a l9-acre parcel from A-1, C-O and Rl-6 to PAD. She said the proposal will allow for a master planned development titled "Westgate Village" consisting of land uses such as a senior independent living facility with several ancillary uses and a single- family residential subdivision. She said the site is located at the southeast comer of 89u and Glendale Avenue and in the Yucca District. Ms. Perry noted the development would be comprised of a mixed-use project with such land uses as a senior independent living facility and a single family resident subdivision consisting of 63 lots. Ms. Perry stated that on April 15, 2016, the applicant mailed notification letters to adjacent property owners and interested parties inviting them to a neighborhood meeting held on May I l, 2016. She said that excluding city staff and applicant and developers, five individuals attended the meeting and expressed overall positive perspective for the project. In conclusion, Ms. Perry stated this request does appear to meet the required findings. Staff recommends approval of the two cases listed above, subject to the stipulations contained in the staff report as well as the modification to stipulation number three. She asked if the Commission had any questions. Chairperson Johnston called for questions from the Commission. There were none. Chairperson Johnston called for the applicant to make a presentation. Mr. Steven Earl, applicant's representative, provided a PowerPoint presentation of the application showing an area map of the area as well as photos of the development. He also provided a brief summary of the other development being developed in "Westgate Village" including all the amenities that will be included. Chairperson Johnston asked for any comments or questions. n August 4,2016 Planning Commission Minutes Chairperson Johnston stated he had some concerns about having an expansion area remain uu.*t for an undetermined amount of time. Mr. Earl said they had no problem agreeing to maintain the area and expects no difficulty with the expansion phase growth. Chairperson Johnston opened the public hearing, hearing no one, Chairperson Johnston closed the public hearing. Chairperson Johnston called for a motion. COMMISSIONER HIRSCH MADE A MOTION TO RECOMMEND APPROVAL OF GPAT6.O2. VICE CHAIRPERSON DOBBELAERE SECONDED THE MOTION' WHICH WAS APPROVED WITH A VOTE OF 7 TO O. Chairperson Johnston asked for the next step in the legal process. James Gruber, Assistant City Attomey stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. VICE CHAIRPERSON DOBBELAERE MADE A MOTION TO RECOMMEND APPROVAL OF ZON16.O1 SUBJECT TO FOUR STIPULATIONS INCLUDING REVISED STIPULATION #3. COMMISSIONER HARPER SECONDED THE MOTION, WHICH WAS APPROVED WITH A VOTE OF 7 TO 0. Chairperson Johnston asked for the next step in the legal process. James Gruber, Assistant City Attomey stated the Planning Commission's actions are final subject to a written appeal if filed within l5 days. 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 for the staff report. There was none. COMMISSION COMMENTS AND SUGGESTIONS Chairperson Johnston called for Comments and Suggestions. There was none. NEXT MEETING: September 1,2016 ADJOURNMENT COMMISSIONER HARPER MADE A MOTION TO ADJOURN THE MEETING, VICE CHAIRPERSON DOBBELAERE SECONDED THE MOTION, WHICH WAS APPROVED WITH A VOTE OF 7 TO O. THE MEETING WAS ADJOURNED AT 8:I9 PM. t2