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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 10/6/2016MINUTES CITY OF GLENDALE PLAI{NING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENTJE GLENDALE, ARTZONA 8$or THURSDAY, OCTOBER 6, 2016 6:00 PM CALL TO ORDER The meeting was called to order at approximately 6:00 p.m. Commissioners Present: Commissioners Lenox, Harper, Hirsch, Gallegos, and Vice Chairperson Dobbelaere were in attendance. Commissioner Absent: Commissioner Moreno was not in attendance. City StaffPresent: Tabitha Perry, Assistant Planning Director, James Gruber, Chief Deputy City Attomey, Thomas Ritz, AICP, Senior Planner, Doug Howard, Planner, Martin Martell, Planner, and Diana Figueroa, Recording Secretary. APPROVAL OF MINUTES Vice Chairperson Dobbelaere called for Approval of Minutes. Commissioner Harper made a motion to approve the August 412016 Workshop minutes as written. Commissioner Lenox seconded the motion, which was approved unanimously. Commissioner Hirsch made a motion to approve the August 41 2016 Regular Meeting minutes as written. Commissioner Gallegos seconded the motion, which was approved unanimously. WITHDRAWALS AND CONTINUANCES Vice Chairperson Dobbelaere called for any withdrawals and/or continuances. There were none. PUBLIC HEARING ITEMS Vice Chairperson Dobbelaere called for staff s presentation. He stated the next two cases will be heard concurrently. 1. GPAI6-05/ZONI6-07: A request by Jim West, representing Salvatore Palermo 2001 Trust, to amend the General Plan land use designation on approximately 3.6 acres from OFC (Office) to HDR (High Density Residential 12-20 dwelling units per acre) and to rezone approximately 5.3 acres from C-O (Commercial Office) to R-4 (Multiple Residence). The site is located southwest of the intersection of Glendale and 67ft Avenues (6975 W. Glendale Avenue) and is in the Ocotillo District. Staff Contact: Doug Howard, Planner. October 6,2016 Planning Commission Minutes Doug Howard, Planner, stated this was a request by Jim West, representing Salvatore Palermo 2001 Trust, to amend the General Plan land use designation on approximately 3.6 acres from OFC to HDR and to rezone approximately 5.3 acres from C-O to R-4. He said the site is located southwest of the intersection of Glendale and 67h Avenues and is in the Ocotillo District. He stated the property is currently vacant. He explained that the property owner intends to develop the property for multifamily uses, however, no specific developer has been selected and no conceptual plans were submitted as part of this request. However, the applicant has provided staffwith a letter indicating the property owner has elected not to provide development plans at this time. He said any development will be required to proceed through the City's Design Review process prior to construction in order to ensure quality design and conformance to city development standards. Cunently, two properties totaling approximately 6.3 acres make up the C-O district in this area. He noted the applicant has approached the property owner of the other C-O property to the east and offered the opportunity to be part of this rezoning request. The neighboring property owner declined the offer. On May 11,2016, the applicant mailed letters notiffing nearby property owners and interested parties of a neighborhood meeting regarding this request. He said the meeting was held on May 23,2016, and planning staffdid not receive any comments from those notified. One property owner within the notification area attended the meeting. This neighbor expressed concems about having additional apartments in the area. He indicated that he is a long-time resident and that crime in the area has increased, and he attributed this increase to the residents of the nearby apartments. In conclusion, Mr. Howard stated this request does appear to meet the required findings for GPAI6-05 and ZONI6-07. Staff recommends approval subject to the four stipulations as outlined in the staffreport. He said he was available for questions. Vice Chairperson Dobbelaere called for questions from the Commission. There were none. Vice Chairperson Dobbelaere called for the applicant's presentation. Jim West, representing Salvatore Palermo, stated that this application was coming forward now because of the timing and location of the real estate. He noted that it made sense for this application to move forward to have continuity in the area since most of the area is already zoned R-4. He noted this property would be difficult to develop as cornmercial since there has been no interest and has been left vacant for some time. He believes that rezoning this property can give it a better chance for it to be developed. Vice Chairperson Dobbelaere asked for any comments or questions. There were none. Vice Chairperson Dobbelaere opened the public hearing. With no one wishing to speak, Vice Chairperson Dobbelaere closed the public hearing. Vice Chairperson Dobbelaere called for a motion. october 6,2016 Planning Commission Minutes COMMISSIONER LENOX MADE A MOTION TO RECOMMEND APPROVAL OF GPAT6.O5. COMMISSIONER HARPER SECONDED TIIE MOTION, WHICH WAS APPROVED TJNANIMOUSLY. Vice Chairperson Dobbelaere asked for the next step in the legal process. James Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are not final and will be forwarded to City Council for further action. Vice Chairperson Dobbelaere called for a motion. COMMISSIONER HARPER MADE A MOTION TO RECOMMEND APPROVAL OF ZONI6.O7 WITH THE FOUR STIPULATIONS LISTED IN TIIE STAFF REPORT. COMMISSIONER LENOX SECONDED TIIE MOTION, WHICH WAS APPROVED UNAI\IMOUSLY. Vice Chairperson Dobbelaere asked for the next step in the legal process. James Gruber, Chief Deputy City Anorney, stated the Planning Commission's actions are final subject to a written appeal if filed within l5 days. Doug Howard, Planner, stated he will be presenting cases GPAI6-04 and ZONI6-03 along with Case PPl6-01 concurrently. He added that a motion is required for each case. 2. GPAf6-04/ZON16-03: A request by Zach Hilgart, representing CAPCO Investment Co., to amend the General Plan land use designation on approximately 4.2 acres from LDR (Low Density Residential l-2.5 dwelling units per acre) to MDR (Medium Density Residential (3.5-5 dwelling units per acre) and to rezone approximately 4.2 aqes from A-l (Agricultural) to Rl-4 PRD (Single Residence, Planned Residential Development). The site is located northwest of the intersection of 5ltt Avenue and Union Hills Drive (18800 N.51" Avenue) and is in the Cholla District. Staff Contact: Doug Howard, Planner. 3. PP16-01: A request by Tach Hilgart, representing CAPCO Investment Co., for approval of a preliminary plat of an l8-lot subdivision on approximately 4.2 acres at 4.3 dwelling units per acre. The site is located northwest of the intersection of 5l't Avenue and Union Hills Drive (18800 N. 5l't Avenue) and is in the Cholla District. Staff Contact: Doug Howard, Planner. Doug Howard, Planner, stated this was a request by Zach Hilgart, representing CAPCO Investment Co., to amend the General Plan land use designation on approximately 4.2 acres from LDR to MDR (Medium Density Residential, 3.5-5 dwelling units per acre) and to rezone approximately 4.2 acres from A-l to Rl-4 PRD. He said the site is located northwest of the intersection of 5ltt Avenue and Union Hills Drive and is in the Cholla District. He stated the 4.2 acre site is currently vacant. He indicated there are single family homes to the north of the property and the City of Phoenix is to the east of the site. The Northwest Church of Christ is October 6,2016 Planning Commission Minutes located on the property to the south, zoned SR-30 and one vacant A-l property is located to the west of the subject site. Also, the request is for approval of a preliminary plat of an l8lot subdivision on approximately 4.2 acres at 4.3 dwelling units per acre. He said the minimum lot size will be 5,250 square feet with lot dimensions of 50 feet by 105 feet and twenty percent of the site will be dedicated to open space. He noted that an amenity was strategically placed at the entrance of the subdivision to provide a centrally located amenity for the neighborhood and to minimize vehicular headlights from shining into residential homes as they enter the subdivision. He said that two other amenities will also be included. He stated the standard Rl-4 district contains azero lot line development standard, which would allow a 0 foot setback for one ofthe side yard setbacks and a l0 foot setback on the other side. This would allow a home to be built on one of the property lines. He explained that instead of a zero lot line development, the applicant is requesting to have two 5 foot side yard setbacks. He noted that twenty percent of the site will be dedicated to open space. An open space amenity is proposed at the entrance of the subdivision. He said that there are two other amenities, one located in the northern cul-de-sac and one located in the southern culde-sac. The northem amenity will be an open field for passive or active activities. The southern amenity will also include a shaded a play structure and a shaded seating area. Mr. Howard stated that on February 19,2016, the applicant mailed notification letters to adjacent property owners and interested parties of a neighborhood meeting. He said the meeting was held on March 14,2016 and eight people attended the meeting. He noted that one major concem the neighbors had was the height of the homes on the northern lots. Therefore, to address this concern, the applicant has limited the height of the home on the northernmost lot to one story. In conclusion, Mr. Howard stated this request does appear to meet the required findings. Staff recommends approval of case GPAI6-04 and ZONI6-03, subject to the stipulations contained in the staff report. He asked if the Commission had any questions. Vice Chairperson Dobbelaere called for questions from the Commission. There were none. Vice Chairperson Dobbelaere called for the applicant to make a presentation. Zach Hilgart, Hilgart Wilson, representing the applicant, stated that he agrees with staffs presentation and was available to answer any questions. Vice Chairperson Dobbelaere opened the public hearing. Stephanie Almo, speaker, stated that her home was directly north of lot 16. She stated that she still had concerns regarding the height, drainage and lot setbacks. Vice Chairperson Dobbelaere called for the applicant to address the speaker's concerns. ZachHilgart explained the setbacks and the drainage concerns as stated in the staff report. October 6,2016 Planning Commission Minutes Commissioner Harper asked how high the wall that backed-up to the speaker's home was to be built. Mr. Hilgart stated they were planning to use what was already there, which was approximately a five-foot wall. Commissioner Harper added that a 6 foot person could easily look over the wall to her property. Vice Chair Dobbelaere asked if the applicant will be willing to work with the neighbor and city to build the wall up to the maximum city zoning will allow. Mr. Hilgart agreed to work with the property owner to adjust the wall height. Tabitha Perry, Assistant Planning Director, stated that it would be best if the applicant and neighbor worked out a solution to the wall height instead of adding another stipulation. She appreciates the applicant's willingness to work with the neighbor. Chairperson Dobbelaere closed the public hearing. Vice Chairperson Dobbelaere called for a motion. COMMISSIONER HIRSCH MADE A MOTION TO RECOMMEND APPROVAL OF GPA16.O4. COMMISSIONER HARPER SECONDED THE MOTION, WHICH WAS APPROVED UNAI\IMOUSLY. Vice Chairperson Dobbelaere asked for the next step in the legal process. James Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are not final and will be forwarded to City Council for further action. COMMISSIONER LENOX MADE A MOTION TO RECOMMEND APPROVAL OF ZON16.O3 SUBJECT TO FOUR STIPULATIONS LISTED IN TITE STAFF REPORT. COMMISSIONER HARPER SECONDED THE MOTION, WHICH WAS APPROVEI) UNANIMOUSLY. Vice Chairperson Dobbelaere asked for the next step in the legal process. James Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are not final and will be forwarded to City Council for further action. COMIVIISSIONER HARPER MADE A MOTION TO APPROVE PPl5.OI SUBJECT TO THE SIX STIPULATIONS LISTED IN THE STAFF REPORT. COMMISSIONER LENOX SECONDED THE MOTION, WHICH WAS APPROVED TJNANIMOUSLY. Vice Chairperson Dobbelaere asked for the next step in the legal process. James Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. 4. ZON16-061 A request by Rick Engineering Company to rezone a vacant parcel from CO (Commercial Office) to GO (General Office) to allow for the development of a October 6,2016 Planning Commission Minutes new structure that will contain a medical and clinical laboratory that will exceed the square footage restrictions for medical and clinical laboratories in the CO zoning district. The property is located south of the southeast corner of 59s Avenue and Bell Road (16480 North 59th Avenue) and is in the Sahuaro District. Staff Contact: Martin Martell, Planner. Martin Martell, Planner stated this was a request by Rick Engineering Company to rezone a vacant parcel from CO to GO to allow for the development of a new structure that will contain a medical and clinical laboratory that will exceed the square footage restrictions for medical and clinical laboratories in the CO zoning district. He explained that the property is located south of the southeast corner of 59u Avenue and Bell Road and is in the Sahuaro District. He noted the applicant is requesting to rezone property located at the northwest comer of 59th and Kings Avenue. He said that by changing the zoning to the GO zoning to the district it would allow a medical use greater than 5,000 sqmre feet, which is the maximum floor area for medical and clinical laboratories in the CO zoning district. Since the proposed medical use on the property will exceed the morimum square foot limit for medical and clinical laboratories, the applicant is requesting to rezone the property to GO. He stated the proposed company to occupy this new building that will be developed on this site is Biolife Plasma Services, which collects plasma from donors and processes this collected plasma into a variety of plasma-based therapies. He said the donors are pre-screened by examinations before they are admitted and then compensated for their donation by a pre-paid credit card. He indicated the daily hours of operation will be from 8:00 a.m. to 6:00 p.m. and will employ approximately 50 to 60 staff members, which may grow as the number of donations increase. Mr. Martell stated that on June, 2016, the applicant mailed notification letters to adjacent property owners and interested parties notifying them of a neighborhood meeting. He said that Planning and the applicant received 6 responses regarding the request. The majority of these responses were not against the rezoning of the property, but were opposed to the planned land use. On Jvne27,2016, a neighborhood meeting was held and a total of 18 individuals attended. He explained the majority of the attendees were against the proposed end user, but were not opposed to the rezoning of the subject site. The majority of the attendees are aware that even with the current zoning in place on the property a smaller plasma donation facility would still be a permitted land use. 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. Vice Chairperson Dobbelaere called for questions from the Commission. Commissioner Hirsch asked what would be the maximum allowable building size that can be built. Mr. Martell stated the maximum would be 5,000 square feet. Commissioner Hirsh asked how large can a building be built on that lot if it was not related to medical use. Mr. Martell P ranning .".ffJ:,r"ffLt : stated that the maximum lot coverage would be30%. Commissioner Hirsch commented that the applicant's request was less than the maximum allowable. Mr. Martell stated he was correct. Vice Chairperson Dobbelaere called for the applicant to make a presentation. Joe Cirone, applicant's representative, stated that they did not have a presentationo however, the development team is here and available to answer any questions. He noted that in response to Commissioner Hirsch's question, they are using roughly half of the allowable square footage. Commissioner Gallegos asked what the difference was in the square footage requirements regarding caring for clients. Ms. Christine Frei explained the area layout for the patients including waiting areas, child care areas, and hospital beds for donors. Commissioner Hirsch commented on some emails and letter correspondence from neighborhood residents questioning the donation of the plasma center as a dedicated medical use facility. Ms. Frei stated they were regulated by the FDA and their plasma centers are audited regularly. She added that they were strictly regulated and has to follow many regulations and rules by the federal govemment. Commissioner Hirsch also noted concerns from the neighbors regarding the type of clientele that will provide the plasma. Ms. Frei stated that the majority of their donors come from a seven-mile radius. She noted that they picked that site because most of the donors were a lot like the Commissioners and herself, business professionals as well as stay at home moms, friends and neighbors. She added that all donors have to provide identification and a home address to ensure they do not get any destitute or homeless people. She added that all applicants wanting to give plasma go through a physical to make sure they are healthy. Commissioner Hirsch commented on a homemade flyer. Vice Chairperson Dobbelaere asked if they screen for people that have drug addictions. Ms. Frei said yes. Vice Chairperson Dobbelaere opened the public hearing. Bridgett Rosenthal, speaker, did not come forward to speak. Bill Hudsell, speaker, said he opposed this application. He stated he has always liked the area because it's a very tight knit community. He said his concern was that most people do not admit to bad behavior. He said he recently has noticed homeless and unsavory people in the area. Therefore, he was concemed that other people not living in the area will be coming into his neighborhood and believes it will become a security issue. Jarvy Brown Hardy, speaker, stated her opposition to this application. She commented that this was not a medical facility but a draw and mail facility. She added that Ms. Frei was incorrect and this draw and mail facility was not regulated by the FDA. However, the FDA does regulate the labs where the blood is tested, which this facility was not. She stated that these plasma facilities really need to be regulated. She asked the Commissioner to please look into this matter October 6, 2016 Planning Commission Minutes and not allow this facility to open in Glendale. She added that there were too many businesses in the area already that will not support more traffic. Kimberly Richards, speaker, stated she opposes this application mainly because of its size. She Said this increases the amount of people coming into the area to be seen. She was also concemed that the traffic will increase in her neighborhood. She said that many new families with children have moved into the area and she fears for the kids' safety when they are playing outside. Kevin Richards, speaker, stated he opposed this application. He questions the applicant's claim that they provided notice to the community since everyone he has talked to did not receive a notice regarding this application. He also voiced his concerns regarding the traffrc situation. Tom Floyd, speaker, stated his opposition to this application. He believes this is a wrong location for this facility. He stated the traffic was already an issue and having this location there will add to it. He explained that this was a for profit facility that should not be in this area. Tina Foyd, speaker, stated her opposition to this application. She said her main concern was the additional traffic and the undesirable individuals that may visit the area. Kenneth Balog, speaker, stated his opposition to this application. He stated he did not receive a notice regarding this application and questions if they even provided notice to the people living within the one mile radius. He was also concerned with the undesirables and homeless people that might come into the area thinking they will be paid to give blood and then linger in the area. Steve Parker, speaker, stated his opposition to this application. He stated that he did receive the notice and attended the meeting. However, he guessed that he did not make himself clear that he opposed this application. He stated his concerns regarding the additional traffic and people in the area. Dennis Shackle, speaker, stated he was opposed to this application. He noted that down-and-out people have asked him for money and believes this will add to the problem. He said he came from an area where this type of facility actually brought the whole area down. Nicki Morsart, speaker, stated she has lived in this community for over 30 years and she opposes this application. She said she worked in a plasma center in South Phoenix and knows exactly what they do. She noted the facilities do not have licensed people doing the drawing of the blood. Patricia Meek, speaker, stated her opposition to this application. She said she just does not want this in her neighborhood, especially when it will add more undesirables coming into the area, as well as add to the traffic congestion. Vice Chairperson Dobbelaere called for the applicant's for any closing remarks. Joe Cirone, applicant's representative, stated he would like to address comments made by the speakers. He said in regard to the public notification, they were sent to property owners within October 6,2016 Planning Commission Minutes 500 feet of the subject property as requested and required by the City of Glendale. In regard to traffic, he explained what the city traffrc engineers, along with their project designers, how they were proposing to alleviate the traffic by adding a turning lane at the intersection on 59th Avenue. He said this traffic adjustment was a great benefit and added a safety traffic component to the area. David Sassafol, Biolife representative, stated he has been with the company for over five years. He explained the many rules they have to adhere to and noted they are heavily regulated by the FDA. He said they are very active in the community and are a service oriented company. He talked about their involvement in comrnunity activities. Vice Chairperson Dobbelaere closed the public hearing. Vice Chairperson Dobbelaere called for a motion. COMMISSIONER GALLEGOS MADE A MOTION TO RECOMMEND APPROVAL OF ZONI6.O6 SUBJECT TO THREE STIPULATIONS. COMMISSIONER HARPER SECONDED THE MOTION, WHICH WAS APPROVED UNAI\IMOUSLY. Vice Chairperson Dobbelaere asked for the next step in the legal process. James Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are not final and will be forwarded to City Council for further action. 5. CUP16-06: A request by Living Faith Fellowship to approve a Conditional Use Permit (CUP) to operate a church in an existing building for a property that is located in the R-2 HP (Mixed Residence, Historic Preservation) Zoning District. The property is located north of the northeast corner of 59n and Glendale Avenues (5850 West Northview Avenue) and is in the Ocotillo District. StaffContact: Martin Martell, Planner. Martin Martell, Planner, stated this was a request by Living Faith Fellowship to approve a Conditional Use Permit to operate a church in an existing building for a property that is located in the R-2 HP 7-onng District. He said the property is located north of the northeast corner of 59th and Glendale Avenues and is in the Ocotillo District. He noted the applicant is requesting Conditional Use Permit approval to allow for a church in an existing building adjacent to an arterial street. He indicated the church will provide religious services, ministry programs, and various charitable endeavors throughout the community. The property is located in the R-2 HP ZomngDistrict and is within the Catlin Court Glendale Townsite Historic District. He stated the existing structure is approximately 8,300 sqwre feet and has been used as a community center, gymnasium and a church and the building is separated into three areas. Many of the church services will be held in the 1,800 squre foot sanctuary with a sound booth, seating area, and a large elevated stage in the south side of the room. He said that in the northwest wing, there is a 2,256 square foot gymnasium with an indoor basketball court. In addition there is a small kitchenette area with will be used as a coffee bar adjacent to the outdoor enclosed Pranning ."'ft::::"li"TJ.: courtyard. He noted the rest of the building will be used for storage, office, restrooms and classrooms. Mr. Martell stated that on July 6, 2016, the applicant mailed notification letters to adjacent property owners and interested parties regarding a scheduled neighborhood meeting. On July 27, 2016, a meeting was held at the subject site and a total of 32 individuals attended. He said that all who attended the neighborhood meeting were in support of the request. After the neighborhood meeting, the applicant and Planning received one response by an individual who was in support of the CUP request. 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 said he was available for questions. Vice Chairperson Dobbelaere called for questions from the Commission. Vice Chairperson Dobbelaere asked if the church would be allowed to add additional services and if so, would they have to come back to the Planning Commission. Mr. Martell replied no. Vice Chairperson Dobbelaere asked if the church decides to add a second mass on Sunday, will they be allowed to do so. Mr. Martell said yes. Commissioner Hirsch asked if it was known if the church has been operating without a permit before coming to the Planning Commission. Mr. Martell stated that as far as he knows the only activity was the members setting up things in preparation for when they received their permit to operate. Commissioner Hirsch inquired about parking and lighting. Mr. Martell explained the type of asphalt for the sidewalk and parking and provided information on lighting. Commissioner Hirsch suggested possibly incorporating a left hand turn only coming out from the parking lot to avoid traffic going into the historic neighborhood. Mr. Martell said they might be able to add it as a stipulation. Tabitha Perry, Assistant Planning Director, stated that staff can take Commissioner Hirsch's suggestion and forward to the transportation department for their review and to see if that would be something feasible. She said this was their area of expertise to review before any stipulation is imposed. Commissioner Hirsch reiterated his concems. Vice Chairperson Dobbelaere called for the applicant to make a presentation. Dana Belknap, applicant's representative, explained that in regards to the church operating without a permit, the church actually received bad advice and once it was informed of the elror, they immediately applied for a permit. Commissioner Hirsch commented that the Commission has to be fair and impartial regarding city's rules and regulations regarding permits. He said that it is not wise to single them out but would like to address the fact that they were operating without a conditional use permit. l0 October 6,2016 Planning Commission Minutes The applicant's representative responded that the advice had come from the City of Glendale. Commissioner Hirsch commented on the distribution of food for the indigent. He said the Council has a long history of discouraging that practice. The applicant's representative responded that their food ministry collects food from various places, package the items, and immediately delivers it to partnering schools. She added that they do not operate as a food kitchen at all. The pastor of the church provided additional details. He also provided details on how they would provide gym access to the Glendale Fire Department and Police Department. Vice Chairperson Dobbelaere opened the public hearing. Bud Zomok, speaker, stated he was not here to support or oppose this application. He stated he would like to speak about the process regarding the Conditional Use Permit and how it was not followed by this applicant. He noted that the process and rules should apply to everyone. He talked about another applicant that received bad information and was told to stop operations and they had to incur additional cost. He reiterated his concem that the city has to be more educated about the information they are providing applicants. Vice Chairperson Dobbelaere noted staff was now aware of the oversight and hopes it was not too much of an inconvenience for the applicant. He noted that the Commission concurs with Mr. Zomok's comments and the statement that there should be a level playing field in the city. Commissioner Hirsch asked Mr. Zomok if his suggestion regarding a left hand tum only for exiting traflic from the parking lot would be helpful since he resides in the area. Mr. Zomok believes it to be a wonderful idea since his house is directly in front of the parking lot. Vice Chairperson Dobbelaere closed the public hearing. Vice Chairperson Dobbelaere called for a motion. COMMISSIONER LENOX MADE A MOTION TO APPROVE CUPI6.O6 SUBJECT TO THREE STIPULATIONS LISTED IN THE STAFF REPORT. COMMISSIONER HARPER SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. Vice Chairperson Dobbelaere asked for the next step in the legal process. James Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within l5 days. 6. CUPI6-09: A request by Carl Dietzman for a Conditional Use Permit to grant a Class II Home Occupation to sell firearms in the Rl-6 (Single Residence) zoning district. The site is located at 5845 West Morten Avenue and is located in the Ocotillo District. Staff Contact: Thomas Ritz. AICP. Senior Planner. ll October 6, 2016 Planning Commission Minutes Thomas Ritz, AICP, Senior Planner, stated this was a request by Carl Dietzman for a Conditional Use Permit to grant a Class II Home Occupation to sell firearms in the Rl-6 zoning district. He said the site is located at 5845 West Morten Avenue and is located in the Ocotillo District. He noted that this is a request to sell firearms from an accessory building behind the house by appointment and with limited hours of operation. He explained the proposed business is considered a Class II home occupation because the applicant intends to sell the firearms in the accessory building located at the rear of the property and the applicant intends to have customer traflic coming to the residence as part of the home occupation. He noted the property is surrounded by other single-family homes on all sides. He said it is the intent of the applicant to primarily sell guns at gun shows. He indicated that the applicant has indicated that approximately 95 percent of the gun sales will be at gun shows. Mr. Ritz stated that the applicant has indicated that his first priority is safety. Therefore, all firearms will be unloaded and secured in a safe. Additionally, there will be no gun powder or primers stored on the property. He noted that the applicant indicated during the neighborhood meeting that he has been collecting guns for 25 years. Mr. Ritz stated that on July 20, 2016, the applicant mailed notification letters to adjacent property owners and interested parties inviting them to a neighborhood meeting. A neighborhood meeting was held on August 15, 2016, with six neighbors in attendance. He said that all neighbors were in opposition to the CUP request. He stated that issues raised by the neighbors at the meeting included having a neighborhood business would encourage more businesses such as tattoo parlors and massage parlors. He said that another concern was the height of the wall adjacent to the alley and the ability to access the back yard from the alley. The neighbors questioned how potential promises about the business would be kept. He stated that other issues expressed were the amount of traffic in the area, the danger to others that guns pose, and the danger of breaking and entering to get the guns. Some raised the concern that once people become aware of the guns, people would come into the neighborhood. He said the neighbors noted a number of break-ins around the neighborhood and that there were too many guns out there and that this was unprecedented in their neighborhood. He said they had nothing personal against the applicant but were nervous about having guns at the back and front door. He explained that during the meeting, ths applicant noted that he did not want to change anything about the home and not be visible. The applicant noted that no sign in the window is required for having a license and if approved he would get a larger safe to store the guns in. In conclusion, Mr. Ritz 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. Vice Chairperson Dobbelaere called for questions from the Commission. Vice Chairperson Dobbelaere asked if it was correct that if the applicant did not have people coming to his home, he would be allowed to have this business without a CUP. lvlr. Ritz stated l2 October 6,2016 Planning Commission Minutes that was conect. He added the point of this application was that the applicant was Sing to get a federal firearms license and that requires a fixed place of business. Commissioner Hirsch asked if the applicant were to be selling anything other than guns from his home, would he still need this permit. Mr. Ritz responded yes since people would be visiting the place of business to view the merchandize. Commissioner Hirsch commented that requiring the CUP was not just because the applicant was selling firearms. Mr. Ritz responded he was correct. Vice Chairperson Dobbelaere called for the applicant to make a presentation. Carl Dietzman, applicant, stated that he has lived in the current location for over 36 years and in Glendale for over 50 years. He noted the reason for applying for this license was so he can receive a federal firearm license and be able to do background checks to anyone who buys from him. He said that as it stands now, he is not allowed to do that. He also wants the license to be able to deliver the product as well. He said the sales from his house will be minimal, possibly I or 2 amonth. He said he plans to get a security system and a better safe for the firearms. Commissioner Harper asked what types of firearms he deals in. Mr. Dietzman stated he deals with old antique guns/pistols and since he hunts he has hunting rifles. He said he does not deal with any type of assault rifles. Commissioner Lenox asked if they are kept in a safe. Mr. Dietzman said yes. He said he will sell to people he knows. Commissioner Hirsch asked the applicant why he was applying for the CUP. As stated before, the applicant wants to acquire a federal license. Vice Chairperson Dobbelaere remarked on the issue of possibly getting the license using his address but not actually selling any firearms from his home. Mr. Dietzman reiterated he will sell from his home but it will be very minimal. Vice Chairperson Dobbelaere opened the public hearing. Cornelius Santa Cntz, speaker, stated his opposition to this application. He said he has lived in his home for 40 years. He said that if this application is approved it will harm the neighborhood. He added that what is to prevent other unsavory businesses such as massage parlors to also come in. He was concerned that if the business grows, more issues will arise. Dennis Alvy, speaker, stated his opposition to this application. He said this was a good neighborhood and was not comfortable with someone selling firearms in the area. He said this was a dangerous situation waiting to happen. He added that there were not enough inspectors to monitor sellers and that makes him afraid for his family and neighbors. Jessica Koory, speaker, stated her opposition to this application. She noted that she did not receive a notice regarding this application because she was not within the 500 feet notification radius and would like staffto look into widening the area. She read from the CC&R's regarding l3 October 6,2016 Planning Commission Minutes businesses in the area. She said this was no place for a fuearm shop and believes this was a dangerous situation having so many firearms in the vicinity where people know where to find them. She explained that this was a very nice small historic community that does not need a home business that sells firearms. She also commented on the added parked vehicles in the area. Bernadette Bolognini, speaker, stated her opposition to this application. She said she lives trvo doors down from the applicant. She believes this was not good for the small historic community and thinks that home values might decrease. She also commented on the two nearby schools in the area. She explained that this was a real concern for her and the rest of the community. Vice Chairperson Dobbelaere called for the applicant to make a closing statement. Mr. Dietzman noted that in response to some concerns, he does not have vehicles parked in front of this home and actually those cars come from the corner house. He explained that one of the stipulations in the staff report was that the city will have unannounced visits to his home to check his books. He reiterated that he will be selling to people that he knows. Vice Chairperson Dobbelaere closed the public hearing. Vice Chairperson Dobbelaere called for a motion. COMMISSIONER GALLEGOS MADE A MOTION TO APPROVE CUPT6.O9 SUBJECT TO THE STIPULATIONS IN THE STAFF REPORT. COMMISSIONER HARPER SECONDED THE MOTION, WHICH WAS APPROVED WITH A VOTE OF 3 TO 2 (HIRSCH, HARPE& AND GALLEGOS VOTING YES. LENOX AI\D DOBBELAERE voTING NO). Commissioner Hirsch commended Mr. Dietzman for coming forward and following the process, applying for a permit and wanting to have a federal license. He realizes that some may think firearms is distasteful, however, he appreciates Mr. Dietzman for exposing himself and following the process. Vice Chairperson Dobbelaere stated that although he is sympathetic to the applicant, he still believes guns should not be sold out of a home in a neighborhood. Vice Chairperson Dobbelaere asked for the next step in the legal process. James Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within l5 days. Doug Howard, Planner, stated that the next three cases will be presented semi jointly. However, they will be summarized separately and will need a separate motion since they were at different locations. Ms. Perry was in agreement. 7, CUP16-10: A request by Skyline Consultants, representing Watermill Express / Dana Cook, 4QTKIDZ, LLC, for Conditional Use Permit approval to allow a l4 October 6,2016 Planning Commission Minutes convenience use for a Watermill Express kiosk in a C-2.(General Commercial) Zoning District. The site is located at the northwest corner of 66h Avenue and Camelback Road within Glenwood Plaza shopping center at 6626 West Camelback Road and is in the Ocotillo District. StaffContact: Doug Howard, Planner. Doug Howard, Planner, stated this was a request by Skyline Consultants, representing Watermill Express / Dana Cook, 4QTKIDZ, LLC, for Conditional Use Permit approval to allow a convenience use for a Watermill Express kiosk in a C-2 Zoning District. He said the site is located at the northwest corner of 66tn Avenue and Camelback Road within Glenwood Plaza shopping center at 6626 West Camelback Road and is in the Ocotillo District. He stated that Watermill Express proposes to operate a convenience use, specifically a water distibution kiosk, within the Glenwood Plaza shopping center. Customers of a Watermill express kiosk bring bottles or containers to fill and purchase water by the gallon for off-site consumption. He explained that the applicant proposes to install and operate a pure drinking water kiosk. He said the kiosk is serviced daily, monitored for quality and will not require continuous on-site employees. He noted the structure is 50 square feet and 13 feet in height. Mr. Howard stated that on August 12,2016, the applicant mailed notification letters to adjacent property owners and interested parties. He noted that the applicant did not receive any response regarding the request. Planning did not receive any response regarding the request either. In conclusion, Mr. Howard 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. Vice Chairperson Dobbelaere called for questions from the Commission. There were none. Vice Chairperson Dobbelaere called for the applicant to make a presentation. Jason Allen, applicant's representative, stated he agreed with staffs presentation. He summarized and provided similar details for the other Watermill Express cases which are noted in staffs report. Vice Chairperson Dobbelaere commented on that most of their customers bome by early in the morning to fill their drinking containers for a day of work. Mr. Allen stated that was correct. He noted that was the largest part of their water sales. Vice Chairperson Dobbelaere asked if this was city water that had been purified. Mr. Allen responded yes. Vice Chairperson Dobbelaere opened the public hearing. With no one wishing to speak, he closed the public hearing. Vice Chairperson Dobbelaere called for a motion. l5 October 6,2016 Planning Commission Minutes COMMISSIONER HIRSCH MADE A MOTION TO APPROVE CUPI6.IO SUBJECT TO THE STIPULATIONS IN THE STAFF REPORT. COMMISSIONER HARPER SECONDED THE MOTION, WHICH WAS APPROVED T'NANIMOUSLY. Vice Chairperson Dobbelaere asked for the next step in the legal process. James Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. 8. CUPl6-ll: A request by Skyline Consultants, representing Watermill Express / Rob-Ja-Mar,LLC, for Conditional Use Permit approval to allow a convenience use for a Watermill Express kiosk in a C-2 (General. Commercial) Zoning Dishict. The site is located northwest of the intersection of 59tn Avenue and Bethany Home Road on the Glenfair Lanes Bowling Alley property at 6l l0 North 59ft Avenue and is in the Ocotillo District. StaffContact: Doug Howard, Planner. Doug Howard, Planner, stated this was a request by Skyline Consultants, representing Watermill Express / Rob-Ja-Mar,LLC, for Conditional Use Permit approval to allow a convenience use for a Watermill Express kiosk in a C-2 Zoning District. He stated the site is located northwest of the intersection of 59h Avenue and Bethany Home Road on the Glenfair Lanes Bowling Alley property at 6l l0 North 59th Avenue and is in the Ocotillo District. He explained that Watermill Express proposes to operate a convenience use, specifically a water distribution kiosk on the Glenfair Lane bowling alley property. Customers of a Watermill Express kiosk bring bottles or containers to fill and purchase water by the gallon for off-site consumption. He stated the applicant proposes to install and operate a pure drinking water kiosk. He said the kiosk is serviced daily, monitored for quality and operations will not require any continuous on- site employees. He noted the Watermill structure is 50 square feet and 13 feet in height. Customers are allowed to bring containers to fill with water for 25 cents per gallon. Mr. Howard stated that on August 12,2016, the applicant mailed notification letters to adjacent property owners and interested parties. He stated that one property owner through a representative contacted both the city and the applicant. He said the owner had concerns about setbacks. As explained to the representative within aC-2 district, structures must maintain a 15' setback from any side property line and the applicant's current conceptual site plan meets the standards. In conclusion, Mr. Howard 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. Vice Chairperson Dobbelaere called for questions from the Commission. There were none. Vice Chairperson Dobbelaere called for the applicant to make a presentation. Mr. Jason Allen, applicant's representative, stated he had nothing to add to staffs report. l6 October 6,2016 Planning Commission Minutes Vice Chairperson Dobbelaere opened the public hearing. With no one wishing to speak, he closed the public hearing. Vice Chairperson Dobbelaere called for a motion. COMMISSIONER HARPER MADE A MOTION TO APPROVE CUPI6.II SUBJECT TO THE STIPULATIONS LISTED IN TIIE STAFF REPORT. COMMISSIONER HIRSCH SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. Vice Chairperson Dobbelaere asked for the next step in the legal process. James Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. 9. CUPI6-12: A request by Skyline Consultants, representing Watermill Express / SJ & SM, LLC, for Conditional Use Permit approval to allow a convenience use for a Watermill Express kiosk in a C-2 (General Commercial) 7-oning District. The site is located at the northwest corner of 5ltt and Northern Avenues (5138 West Northern Avenue) within the Northern Lights Shopping Center and is in the Barrel District. Staff Contact: Doug Howard, Planner. Doug Howard, Planner, stated this was a request by Skyline Consultants, representing Watermill Express / SJ & SM, LLC, for Conditional Use Permit approval to allow a convenience use for a Watermill Express kiosk n a C-2 Zonng District. He said the site is located at the northwest corner of 5ltt and Northern Avenues within the Northern Lights Shopping Center and is in the Banel District. He stated the applicant proposes to operate a convenience use specifically a water distribution kiosk within the Northern Lights Shopping Center. Customers of a Watermill Express Kiosk bring bottles or containers to fill and purchase water by the gallon for off-site- consumption. Mr. Howard stated that on August 12,2016, the applicant mailed notification letters to adjacent property owners and interested parties. He added that no citizens have contacted the applicant or staff concerning this request. In conclusion, Mr. Howard 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. Vice Chairperson Dobbelaere called for questions from the Commission. There were none. Vice Chairperson Dobbelaere called for the applicant to make a presentation. Mr. Jason Allen, applicant's representative, stated he had nothing to add to staffs report. t7 October 6,2016 Planning Commission Minutes Vice Chairperson Dobbelaere opened the public hearing, hearing no one, he closed the public hearing. Vice Chairperson Dobbelaere called for a motion. COMMISSIONER LENOX MADE A MOTION TO APPROVE CUPI6.T2 SUBJECT TO STIPULATIONS LISTED IN THE STAFF REPORT. COMMISSIOIYER HIRSCH SECoNDED THE MOTION, WHICH WAS APPROVED I,NAI\IMOUSLY. Vice Chairperson Dobbelaere asked for the next step in the legal process. James Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. OTHER BUSINESS FROM THE FLOOR Vice Chairperson Dobbelaere asked if there was any Business From The Floor. There was none. PLANNING STAFF REPORT Vice Chairperson Dobbelaere asked for the staff report. Tabitha Perry, Assistant Planning Director, thanked the Commissioners for their commitment and dedication to the City of Glendale. She also announced that TlA16-02, the zoning text amendment regarding chickens, has not been scheduled for a public hearing at this time. COMMISSION COMMENTS AND SUGGESTIONS Vice Chairperson Dobbelaere called for Comments and Suggestions. There were none. NEXT MEETING: October 20,2016 ADJOURNMENT With no further business, Vice Chairperson Dobbelaere called for a motion to adjourn. COMMISSIONER HARPER MADE A MOTION TO ADJOTJRN. COMMISSIONER GALLEGOS SECONDED THE MOTION, WHICH WAS APPROVED UNAI\IMOUSLY. THE MEETING WAS ADJOURNED AT 9:06 PM. l8