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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 2/16/2017 (5)MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, FEBUARY 16, 2017 6:00 PM CALL TO ORDER The meeting was called to order at approximately 6:00 p.m. Commissioners Present: Commissioners Lenox, Harper, Moreno, and Hirsch were in attendance. Commissioners Absent: Commissioner Gallegos and Vice Chairperson Dobbelaere were absent and excused. City Staff Present: Tabitha Perry, Assistant Planning Director, Jim Gruber, Chief Deputy City Attorney, Carol Hu, Planner, Doug Howard, Planner, and Diana Figueroa, Recording Secretary. OTHER BUSINESS Tabitha Perry, Assistant Planning Director, asked the Commissioners if it would be acceptable for Commissioner Hirsch to act as the Chairperson for tonight's meeting since they were without a Chair and Vice Chair this evening.. Everyone agreed. APPROVAL OF MINUTES Acting Chair Hirsch called for Approval of Minutes. COMMISSIONER HARPER MADE A MOTION TO APPROVE THE DECEMBER 1, 2016 WORKSHOP MINUTES AS WRITTEN. COMMISSIONER LENOX SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. COMMISSIONER LENOX MADE A MOTION TO APPROVE THE DECEMBER 15, 2016 PUBLIC HEARING MINUTES AS WRITTEN. COMMISSIONER HARPER SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. WITHDRAWALS AND CONTINUANCES Acting Chair Hirsch called for any withdrawals and/or continuances. There were none. PUBLIC HEARING ITEMS Acting Chair Hirsch called for staff's presentation. 1. ZON16-02: A request by Shelby Duplessis, The Empire Group, representing Empire Residential Communities Fund II, LLC, to rezone approximately 20.74 acres from B -P (Business Park) to PAD (Planned Area Development). The site is February 16, 2017 Planning Commission Minutes located at the northwest corner of 5111 Avenue and Bell Road (5200 West Bell Road) and is in the Cholla District. Staff Contact: Carol Hu, Planner. Carol Hu, Planner, stated this was a request by Shelby Duplessis, The Empire Group, representing Empire Residential Communities Fund Il, LLC, to rezone approximately 20.74 acres from B -P to PAD. She said the site is located at the northwest corner 51 St Avenue and Bell Road and is in the Cholla District. She noted approval of this rezoning would allow various mixed use development such as office, emergency medical care facility, retail and three drive- thru restaurants. Additionally, the proposal promotes high quality commercial standards via common design elements outlined within the PAD document. She stated that 51 Campana would be comprised of 11 commercial pads and improved with cohesive design elements. She explained that the proposed elements within the PAD document consist of site design, building design, materials with a color palette, themed signage, landscaping and perimeter walls. She said conceptual elevations for illustrative purposes are provided by the applicant. Additionally, an entry monument sign is proposed at the northwest corner of 51st Avenue and Bell Road along with a matching "Welcome to Glendale" sign. She noted a preliminary signage plan indicating sign locations is included within the attached exhibits of the PAD document. On August 15, 2016, the applicant mailed notification letters to adjacent property owners and interested parties. She said that two neighborhood meetings were held on August 31, 2016 and October 5, 2016, respectively. Six attendees were present at the first meeting and sixteen attendees were at the second meeting. She stated that Planning did receive one email opposed to the request. She explained that based on the neighborhood input, the applicant had revised and clarified the following points within the rezone proposal: • Light shields will be provided for street lights along the north property line to reduce light pollution into the adjacent neighbors' yards. • Trees will be planted along the north property line within the required 15 -foot landscape setback. The selected trees would provide additional screening from the existing residential community and would closely match the existing vegetation along the north property line. - Pad 8, located at the northwest corner of the subject site, shall not be a restaurant drive thru. • Construction and delivery hours will follow the City of Glendale Noise Ordinance. - A traffic report has been completed by a professional engineer and submitted to the City of Phoenix and the City of Glendale to ensure all design and safety requirements are met, specifically relative to traffic movements on 51 st Avenue and Bell Road. 2 February 16, 2017 Planning Commission Minutes In conclusion, Ms. Hu stated this request does appear to meet the required findings. Staff recommends approval, subject to the stipulations as outlined in the staff report. She asked if the Commission had any questions. Acting Chair Hirsch called for questions from the Commission. There were no questions. Acting Chair Hirsch called for the applicant to make a presentation. Shelby Duplessis, applicant, stated she did not have a presentation since staff did a good job covering the details of the application. She did want to mention they have. started work on the revisions requested by staff and the community. She was happy to answer any questions. Commissioner Harper asked if they had any tenants. Ms. Duplessis replied yes. She said they had tenants in Pad 1 and it will be a Dignity Health Facility. Additionally, Pad 6, will be a mixture of retail and a fast food restaurant. She added that three more were in escrow. Acting Chair Hirsch asked for any further comments or questions. There were none. Acting Chair Hirsch opened the public hearing. With no one wishing to speak, he closed the public hearing. Acting Chair Hirsch called for a motion. COMMISSIONER LENOX MADE A MOTION TO RECOMMEND APPROVAL OF ZON16-02 SUBJECT TO THE SEVEN STAFF STIPULATIONS. COMMISSIONER HARPER SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. 2. CUP16-15: A request by Jeremy Granger, Notch Enterprises LLC, representing WVP Cactus LLC, for a Conditional Use Permit to allow convenience use drive thru in the C-2 (General Commercial) zoning district. The site is located at the northeast corner of 67th Avenue and Cactus Road (6630 West Cactus Road) and is in the Sahuaro District. Staff Contact: Carol Hu, Planner. Carol Hu, Planner, stated this was a request by Jeremy Granger, Notch Enterprises LLC, representing WVP Cactus LLC, for a Conditional Use Permit to allow a convenience use drive- thru in the C-2 zoning district. She said the site is located at the northeast corner of 67th Avenue and Cactus Road and is in the Sahuaro District. She noted the applicant is requesting to occupy an existing 14,000 square foot tenant space within Cactus Crossing Plaza and would allow the use of an automobile drive-thru service window for off premise food and drink consumption for the perspective tenant. Ms. Hu explained that this proposal also includes integration of matching awnings at the eastern side of the building. The improvement would provide shade for prospective customers and to continue the design elements of Cactus Crossing Plaza. She said the typical retail operation hours will be noon through 10 p.m., seven days per week. She noted that there would be February 16, 2017 Planning Commission Minutes approximately six to eight employees with a 5 -hour shift per day. In addition to operating the drive-thru, there is indoor seating area for 15 to 20 customers. On October 31, 2016, the applicant mailed notification letters to adjacent property owners and interested parties. She said the applicant did not receive any response regarding the request. Planning did not receive any response regarding the request. In conclusion, Ms. Hu stated this request does appear to meet the required findings. Staff recommends approval, subject to the stipulations as outlined in the staff report. She asked if the Commission had any questions. Acting Chair Hirsch called for questions from the Commission. There were none. Acting Chair Hirsch called for the applicant to make a presentation. Erik Slaunski, owner and applicant, stated this request was to expand his Tropical Sno Business. He said this was a family oriented product which would serve the family community well. Acting Chair Hirsch opened the public hearing. With no one wishing to speak, he closed the public hearing. Acting Chair Hirsch asked if anyone wanted to make any further comments. There were none. Acting Chair Hirsch called for a motion. COMMISSIONER HARPER MADE A MOTION TO APPROVE CUP16-15 SUBJECT TO TWO STAFF STIPULATIONS. COMMISSIONER LENOX SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. 3. PP16-03: A request by William Dougherty, representing Delta Group, Inc., for preliminary plat approval for a subdivision titled Campana Trails. The property is approximately 5.4 acres and is located northeast of the intersection of 67th Avenue and Bell Road (17440 North 66th Lane). This request would allow a 21 - lot single family subdivision in an R1-6 MH (Single Residence, Mobile Home Overlay District) with a gross density of 3.89 residential dwelling units per acre. The site is in the Sahuaro District. Staff Contact: Doug Howard, Planner Doug Howard, Planner, stated this was a request by William Dougherty, representing Delta Group, Inc., for preliminary plat approval for a subdivision titled Campana Trails. He said the property is approximately 5.4 acres and is located northeast of the intersection of 67th Avenue and Bell Road. He noted this request would allow a 21 -lot single family subdivision in an RI -6 MH with a gross density of 3.89 residential dwelling units per acre. Mr. Howard stated that the applicant is proposing to develop Tract "A" of the Casa Campana Unit Two subdivision which is approximately 5.4 acres. He explained this replat will allow the 4 February 16, 2017 Planning Commission Minutes development of 21 additional single family home lots within an existing manufactured home community. He said the average lot size for the subject area will be 7,104 square feet. On December 5, 2016, the applicant mailed notification letters to adjacent property owners and interested parties. He stated that a neighborhood meeting was held at the Casa Campana Meeting Hall on December 21, 2016, with more than 75 people in attendance. He noted most of the comments and questions were concerning the HOA rules and restrictions. Several people from the neighboring subdivision to the east were in attendance and were concerned with having development on the existing vacant land behind their homes. He explained that one individual was concerned with the proposed lot sizes and wanted the average lot size to be larger. He stated that the email correspondence between this individual and the applicant has been provided within the attached Citizen Participation Final Report. In conclusion, Mr. Howard stated this request does appear to meet the required findings. Staff recommends approval, subject to the stipulations as outlined in the staff report. He stated that he would like to review some of the recommendations not typical for this type of application. He briefly summarized recommendations three and four in the Planning Commission staff report. He noted that staff has met with the applicant regarding these stipulations and they have already begun work on them. He asked if the Commission had any questions. Acting Chair Hirsch called for questions from the Commission. Acting Chair Hirsch reiterated Mr. Howard's explanations of stipulations three and four. He noted that stipulation three deals with clarification of the requirements with easements and stipulation four deals with having the proper retaining walls be put in place should they be needed. Acting Chair Hirsch called for the applicant to make a presentation. William Dougherty, applicant's representative, stated they have worked very closely with the city and neighborhood to comply with the city's requirements to the fullest extent. He believes they all have done a very good job with the property. Acting Chair Hirsch asked for any comments or questions. There were none. Acting Chair Hirsch opened the public hearing. Ben Mullins, speaker, stated his concerns with possibly having a stop sign so people would not run into his house. He also wanted speed bumps to deter speeders. He was concerned with the road work in the future because of all the heavy trucks that will be coming into his neighborhood. Acting Chair Hirsch asked if staff had addressed these issues posed by Mr. Mullins. Mr. Howard stated that those were all questions that will go before the Traffic Engineering and Right -a -Way Improvements Department once this moves forward. However, he will make a note of these three concerns. February 16, 2017 Planning Commission Minutes Harry Nichols, speaker, stated he had some concerns about this application. He stated he was a lifelong resident in the area. He said he had wanted to purchase the property but was told he would have to put a mobile home or garage which he does not want to do. He would like some clarification. Mr. Howard explained the requirements. Commissioner Harper asked if this new development will have its own HOA or will they join the existing HOA. Mr. Howard said they were still discussing that issue and deferred that question to the applicant. Acting Chair Hirsch suggested Mr. Nichols discuss those issues with the applicant on what is allowed. Burrett Clay, speaker, stated he was a neighbor of Mr. Nichols. He said that part of his question was answered regarding the city's requirements. However, he does not belong to an HOA now and wonders if this property will have one or can he just attach it to his property. Acting Chair Hirsch deferred the question to the City Attorney. Jim Gruber, Chief Deputy City Attorney, stated that these were issues for the applicant and HOA and not related to the preliminary plat. Rafael Livneh, speaker, stated he hopes the city had a chance to review his correspondence. He offered additional information from the builder regarding HOAs and having this be an adult community. He would like the city to have a firm commitment from the builder on this issue. He voiced his concerns with property values once this community is built. He lives adjacent to this property. He would like the builder to have natural gas service for this property. Acting Chair Hirsch asked for clarification from Mr. Howard. Mr. Howard stated natural gas was not required. Carol Candler, speaker stated her opposition to this application. She had concerns with additional traffic and would like to keep it a 55 year and older community with no children. She said that question had not been answered by the applicant. Edwina McCombs, speaker, stated she lives in the community where they do allow kids and has not had any problems. She said there is an area for 55 and older and also an area that allows children. However, they do have problems with renters and squatters now and then. She said they do not have an HOA and wonders if they will be forced into one once this development is built. She noted that stop signs and speed bumps are needed in the area. She also shared her concerns with flooding and draining areas. Acting Chair Hirsch asked for clarification from Mr. Howard. Mr. Howard explained the plans for the draining retention areas for the property. He said those plans have been approved by the Engineering Department, however, once the final plans are finalized, Planning will look at it again. 6 February 16, 2017 Planning Commission Minutes Commissioner Harper asked for clarification of where the HOA was in effect on the map. Acting Chair Hirsch asked for the applicant to address some of the issues that have been raised. Mr. Clay, previous speaker, explained the HOA boundaries on the map. Tabitha Perry, Assistant Planning Director, was asked to provide some procedural guidance. She explained that this was a hearing for a preliminary plat only and they were not in a position to require the applicant to partake or establish an HOA. She noted that it was up to the applicant to establish the HOA and CC&R's and not the city. Additionally, staff will relay the concerns regarding speed bumps and stop signs to the Engineering Department to conduct their studies on those issues to determine if there is truly a need. She asked to make clear that staff cannot address those issues today, however, will make note of it and provide it to the proper departments. William Dougherty, applicant's representative, stated he was distressed to find that there were some people that still have questions and concerns regarding this application. He wants to assure everyone that they are willing to work with the neighbors and address any concerns they may have. He noted that it has been their intention to have this property be 55 and up and they do want an HOA for that property. Acting Chair Hirsch thanked Mr. Dougherty. He added that he hopes Mr. Dougherty answers and puts to rest some of the questions and concerns raised tonight. Mr. Dougherty remarked that that has always been their intention. Acting Chair Hirsch closed the public hearing. Acting Chair Hirsch called for a motion. COMMISSIONER MORENO MADE A MOTION TO APPROVE PP16-03 SUBJECT TO FOUR STAFF STIPULATIONS. COMMISSIONER LENOX SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. OTHER BUSINESS FROM THE FLOOR Acting Chair Hirsch asked if there was any Business From The Floor. There was none. PLANNING STAFF REPORT Acting Chair Hirsch asked if there was a Planning Staff Report. There was none. COMMISSION COMMENTS AND SUGGESTIONS Acting Chair Hirsch called for Comments and Suggestions. There were none. NEXT MEETING: March 2, 2017 (Vacated) ADJOURNMENT With no further business, Acting Chair Hirsch called for a motion to adjourn. 7 February 16, 2017 Planning Commission Minutes COMMISSIONER HARPER MADE A MOTION TO ADJOURN. COMMISSIONER MORENO SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. THE MEETING WAS ADJOURNED AT 7:18 PM. 8