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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 12/6/2018 (3)MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, DECEMBER 6, 2018 6:00 PM CALL TO ORDER Acting Chairperson Hirsch called the meeting to order at approximately 6:00 p.m. Commissioners Present: Commissioners Crow, Harper, Lenox, Moreno, Wilfong, Froke, and Acting Chairperson Hirsch were present. City Staff Present: Thomas Ritz, AICP, Senior Planner, Dm Maynus, Planner, James Gruber, Chief Deputy City Attorney, David Williams, AICP, Planning Administrator, and Samantha Cope, Recording Secretary. CITIZEN COMMENTS Acting Chairperson Hirsch called for citizen comments. There were none. APPROVAL OF MINUTES Acting Chairperson Hirsch called for a motion to approve the minutes. There were none. WITHDRAWALS AND CONTINUANCES Acting Chairperson Hirsch asked for Withdrawals and Continuances. There were none. PUBLIC HEARING ITEMS Acting Chairperson Hirsch called for the Public Hearing Items. STONEHAVEN PHASE I PRELIMINARY PLAT PP18-06: A request by the landowner, for a preliminary plat known as "Stonehaven Phase I." The proposal is for 159.8 acres which includes 565 single-family residential lots spread across nine Parcels, and 69 common area tracts on approximately 106.63 acres. The site is located at the northeast comer of 91st Avenue and Camelback Road and is in the Yucca District. Staff contact: Dm Maynus, Planner (623-930-2810). Dm Maynus, Planner, made staffs presentation. She said this was a request by the landowner for a preliminary plat known as "Stonehaven Phase I." She noted the proposal is for 159.8 acres which includes 565 single-family residential lots spread across nine Parcels, and 69 common area tracts on approximately 106.63 acres. She said the site is located at the northeast comer of 91st Avenue and Camelback Road and is in the Yucca District. She stated the subject property is currently vacant, but once built-out will encompass nine (9) parcels that will include a total of 565 residential lots and 69 common area tracts. The proposed project s residential parcels will provide approximately 40 acres of open space, parks, and amenity areas. This includes two ± one-acre sized active recreational areas located within Parcels 2 and 7, and a 10.2 acre community park located in Parcel 15 that will include amenities such as a public December 6, 2018 Planning Commission Minutes Page 2 pool, tot lot, ramadas, BBQ stations, a soccer field, and ample passive landscaped areas. In addition to the park areas, StoneHaven will provide a comprehensive trail, bike and pedestrian circulation system. She added that Parcel 7 will include a gated entry and private streets with public water and sewer services. All remaining residential parcels will consist of public roadways and public water and sewer services. She noted public rights-of-way will be 50 feet wide and private roadways will be 45 feet wide. Ms. Maynus stated that on July 17, 2018, the applicant mailed notification letters to adjacent property owners within 300 feet of the entire StoneHaven project boundary and those listed on an interested parties list notifying them of a neighborhood meeting to discuss and provide information on the proposal. On August 1, 2018, a neighborhood meeting was held at the Sunset Ridge Elementary School. Approximately 13 individuals were in attendance. She said the attendees had questions regarding project setbacks, potential homebuilders, traffic, and recreation. The applicant provided answers to all open dialogue questions and continued to discuss the proposal with affected parties. After the neighborhood meeting, the applicant did not receive any additional questions, comments or concerns regarding the proposal request. Planning did not receive any response regarding the request either. She said in conclusion, the request meets the requirements for preliminary plat approval and should be approved subject to the following stipulations: 1. Development shall be in substantial conformance with the development plan and narrative for StoneHaven received October 29, 2018. 2. All stipulations, agreements and conditions of approval accompanying Zoning Case (ZON17- 01) and General Plan Amendment Case (GPA17-01) shall remain in effect unless otherwise noted. 3. Current Engineering Standards and ADA standards shall be implemented. 4. Current Fire Code Standards shall be implemented. 5. The developer shall provide documentation to the City prior to the final approval of construction documents and/or issuance of permits that Form 7460-1 has been filed for the development and the development received a "No Hazard Determination" from the FAA. 6. The developer shall record a Notice to Prospective Purchasers of the Proximity to Glendale Municipal Airport in order to disclose the existence and operational characteristics of the Airport to future owners or tenants of the property. Commissioner Wilfong inquired about additional parking and if the recreation area was going to be open to the public. Ms. Maynus deferred the question to the applicant. Acting Chairperson Hirsch called for the applicant's presentation. Susan Demmitt, Gammage and Burnham, applicant's representative reviewed the StoneHaven application. She said it had been about a year and a half ago they came before them for the amendment of the PAD approved by City Council in June 2017. She explained the amenities and open spaces are HOA owned maintained and managed by them and not open to the public. She December 6, 2018 Planning Commission Minutes Page 3 said there was an area that can accommodate additional parking for the main park. She explained that in the original Phase I, the project started at Camelback and 87 Avenue; however, that has changed to Bethany Home Road as more of a priority to complete and extend was needed there. Therefore, they worked to make Bethany Home Road part of Phase I as a priority. She said Pulte Homes was the main developer for Phase 1 along with Taylor Morrison and Lennar construction. She noted final plat approval was scheduled this year with construction starting in January 2019. Phase 2 construction starts in fall of 2020. Commissioner Wilfong asked if Bethany Home Road would be a one or two lane road. Ms. Denimitt responded it would be four lanes. Acting Chairperson Hirsch opened the public hearing. Kelly Hansel, 8603 West Missouri Avenue, Glendale, stated she was opposed to this development. She talked about the surrounding beautiful farm fields that will be greatly missed. She said she was devastated about the proposed project as many of the nearby residents are. She also had traffic concerns. Jason Bartels, 9102 West Marshall Avenue, Glendale, stated he understands this development was going to happen and was surprised by the vague language used in the design of the homes making them all look the same. He was also devastated by how the character of this community will drastically change. He asked the Commission to hold the builders accountable to their project designs. With no one else wishing to speak, Acting Chairperson Hirsch closed the public hearing. Ms. Demmitt stated in response to the citizens' comments, she would like to note the extensive community outreach done regarding this project. She understands some citizens' concerns with this project and was glad to have been able to work with the community. She added this application was consistent with the PAD and staffs recommendations. In addition, it includes extensive design guidelines the builders have to adhere to while working with staff. Acting Chairperson Hirsch called for a motion. Commissioner Lenox made a motion to approve PP18-06, subject to the six stipulations in the staff report. Commissioner Harper seconded the motion. The motion was approved unanimously. Mr. Jim Gruber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. WESTGATE VILLAGE PRELIMINARY PLAT PP18-07: A request by Stephen C. Earl, Earl, Curley & Lagarde P.C., for a preliminary plat known as "Westgate Village." The proposal includes 71 single-family residential lots and seven common area tracts on approximately 13.3 December 6, 2018 Planning Commission Minutes Page 4 gross acres. The site is located east of 87th Avenue, west of 91st Avenue, immediately south of Glendale Avenue, and north of Maryland Avenue (a portion ofAPN 102-02-689A and 102-02- 690) and is in the Yucca District. Staff contact: Dru Maynus, Planner (623-930-2810). Dm Maynus, Planner, made staffs presentation. She said this was a request by Stephen C. Earl, Earl, Curley & Lagarde P.C., for a preliminary plat known as "Westgate Village." She said the proposal includes 71 single-family residential lots and seven common area tracts on approximately 13.3 gross acres. She noted the site is located east of 87th Avenue, west of 91st Avenue, immediately south ofGlendale Avenue, and north of Maryland Avenue (a portion ofAPN 102- 02-689A and 102-02-690) and is in the Yucca District. She stated the proposed lot sizes of the 71-lot Westgate Village range in size from 4,000 square feet to 6,418 square feet, with the average lot area being 4,261 square feet and typical minimum lot dimension of 40' x 100' (4,000 square feet). Furthermore, each lot will have independent access to a private street within the subdivision. She stated that on September 28, 2018, the applicant mailed notification letters to property owners within 600' of the subject property ofWestgate Village, as well as those listed on the interested parties list. She noted the applicant did not receive any response regarding the request. Planning did not receive any response regarding the request either. In conclusion, Ms. Maynus stated the request meets the requirements for preliminary plat approval and should be approved subject to the following stipulations: 1. Development shall be in substantial conformance with the development plan and narrative for Westgate Village received October 29,2018. 2. Approval of the Preliminary Plat shall be in compliance with the approved PAD Booklet for ZON16-01. 3. An in-lieu payment of $153,367.41 for 89th Avenue improvements will need to be received by the Engineering Department prior to any permits being issued for this project. 4. Current Engineering Standards and ADA standards shall be implemented. 5. Current Fire Code Standards shall be implemented. 6. The developer shall provide documentation to the City prior to the final approval of construction documents and/or issuance of permits that Form 7460-1 has been filed for the development and the development received a "No Hazard Determination" from the FAA, 7. The developer shall record a Notice to Prospective Purchasers of the Proximity to Glendale Municipal Airport in order to disclose the existence and operational characteristics of the Airport to future owners or tenants of the property. Acting Chairperson Hirsch asked if the Commission had questions. Commissioner Crow asked if this development would be covered by an HOA. Ms. Maynus replied yes. December 6, 2018 Planning Commission Minutes Page 5 Acting Chairperson Hirsch asked if she could elaborate on stipulation number three. Ms. Maynus stated the payment was from the developer to the city for the constmction. Acting Chairperson Hirsch called for the applicant. Stephen C. Earl, Earl, Curley & Lagarde, applicant's representative stated the Commission might remember hearing this case a few years ago. He said the case had two major component parts, one the senior living and the other the single-family home development. He explained the plat on the power point presentation. He stated this will be a gated community with 71 lots with 25% open space spread throughout the project. He talked about all the amenities including dog areas, park ramadas, exercise facilities and lush landscaping. He also went over the rights-of-way the city had asked for. He talked about putting up the money for the build-out of 89 Avenue improvement for the continuation of the development project. He stated the project did not need access to the south, however, the city thought it important to connect that road so they are providing the right of way. He explained they were happy to put up the money as asked by the city; however, they do ask the amount not be so specific since it might be a bit more or less. He recommends the language note that they will put up the money as recommended by engineering. He added there was an error in the plat that indicated a 29-foot setback in certain areas around the parcel, but the correct setback is 25 feet as indicated in the booklet. Commissioner Froke asked if he lived on lot 17, could he use 89th Avenue. Mr. Earl stated that as of now it shows only an emergency access and exit only, however, that might change per the city. Acting Chairperson Hirsch asked if staff was aware of the correction to the 29-foot setback to 25 feet. Mr. Williams stated that staff was aware and are okay with it. Acting Chairperson Hirsch opened the public hearing. Adam Yarron, 10322 East Salteo, Scottsdale, stated he and his family have a controlling interest on a nearby plat. He gave a presentation for opposition stating that the 89th road is not licensed to extend which the development proposes to use for access. His said his two major points are the area access is not currently available to 89th Avenue and there will be undue burdens to adjacent property owners. He asked for the city to abandon further plans to extend 89th Avenue extension north of the existing neighborhood, south of the subject property PP18-07 and terminate 89th Ave. at its existing location with a cul-de-sac to be provided by the adjoining property owner at the time of further development. He thanked them for their time tonight. Acting Chairperson Hirsch said for the record that a copy of the speaker's presentation was provided to the Commission. David Beard, City Engineer, explained the city did pursue a license, however, since there was not going to be a road built to only extend a small portion, they did not get a license. He said the applicant will obtain a license if the street is ever extended and if warranted. He discussed the December 6, 2018 Planning Commission Minutes Paged dollar amount requested by the city from the applicant. He added that the city was willing to work with the owner of the adjacent property with proper documentation of the issues. Commissioner Crow commented on the language proposed for stipulation #3 that indicated the applicant is willing to accept adjusting the amount if needed. Mr. Beard said he was correct. He added that it also read that if construction does not occur they will receive the money back. Acting Chairperson Hirsch asked for clarification if it will be a connection to the existing road and not a cul-de-sac. Mr. Beard confirmed it will be a connection that is the way it is proposed right now in the traffic plan, however when the developer comes forward it could change. Commissioner Crow asked for clarification about the gate access. Mr. Williams stated this was an exit only. Mr. Earl stated the gate will be a pressure situation where a vehicle approaches the gate and it opens. However, emergency vehicles would be able to enter and override the system. Acting Chairperson Hirsch said he had an additional speaker card. Matthew Sargent, 5043 North Glendale, stated he did not understand why they were developing another gated community. He also had concerns about accidents with the egress on Glendale Avenue. He said there was also nowhere for folks to go for a walk since that was going to be a gated community. Mr. Earl explained that gated communities tend to hold more value. He discussed accident concerns, explaining the emergency access agreement they had with the adjacent facility. Acting Chairperson Hirsch closed the public hearing. Acting Chairperson Hirsch asked for language clarification on stipulation #3 as requested by the applicant. Staff agreed to the modification in the language noting if the amount should increase or decrease, it be approved by the engineering department. Acting Chairperson Hirsch called for a motion. Commissioner Moreno made a motion to approve PP18-07, with the stipulations contained in the staff report and with the modified language to stipulation #3. Commissioner Lenox seconded the motion, which was approved unanimously. Mr. Jim Gmber, Chief Deputy City Attorney, stated the Planning Commission's actions are final subject to a written appeal if filed within 15 days. ADULT DAY HEALTH CARE CENTER ZON18-11: A request by Jennifer Boblick, Sender Associates, representing FSL Holding Properties, LLC, to rezone approximately 3.6 gross acres from Rl-6 (Single Residence) to R-2 (Mixed Residence). The request will allow the development of an Adult Day Health Care Center. The vacant site is located at the southeast comer of 67th December 6, 2018 Planning Commission Minutes Page? Avenue and Paradise Lane (6690 West Paradise Lane) and is in the Sahuaro District. Contact: Dm Maynus, Planner (623-930-2810). Staff Dm Maynus, Planner, presented staffs report. She said this was a request by Jennifer Boblick, Sender Associates, representing FSL Holding Properties, LLC, to rezone approximately 3.6 gross acres from Rl-6 (Single Residence) to R-2 (Mixed Residence). She said the request will allow the development of an Adult Day Health Care Center. She noted the vacant site is located at the southeast comer of 67th Avenue and Paradise Lane (6690 West Paradise Lane) and is in the Sahuaro District. She said that specifically the project entails the construction and operation of an adult day health care facility that will provide essential personal care and health care services to adults who are 18+ with disabilities such as Alzheimer's disease and traumatic brain injuries. Patrons will be provided with supervised activities, personal care, personal living skill training, meals, and health monitoring based on individual needs. Ms. Maynus stated the facility is licensed to provide care for up to 99 individuals and as such will include approximately 18 staff members daily. Therefore, the project includes the construction of a new single-story 11,400 square foot building. She noted the building floor plan includes a lobby and reception area, activity and lounge spaces, offices and conference rooms, and a central dining room with a support kitchen. She stated that on August 24, 2018, the applicant mailed notification letters to adjacent property owners within a 300-foot notification area, registered associations, and interested parties notifying them of a neighborhood meeting to discuss the proposal. After the notification was mailed, the applicant received two inquiries regarding the proposed project. The first telephone call was from a citizen that was on the interested parties list. After the applicant provided the citizen with details of the project the citizen was in support for redevelopment of the project area. The second inquiry was from a property owner who owned a property northwest of the project site. The citizen was not in opposition of the proposed project, but instead offered to sell their property to the applicant. On September 10, 2018, a neighborhood meeting was held at the Foothills Elementary School. She said a total of four citizens attended. Ms. Maynus stated a property owner who owned property south of the proposed project site expressed his support of the project, stating that the use was more compatible than previous proposed projects and that he was glad that the project was not an apartment complex. Former Councilmember Sherwood also was in attendance and expressed his support for redevelopment of the project site. She explained the other two neighbors were husband and wife, who owned the property east of the proposed project site. The neighbors expressed their disdain for the proposed project, stating that they were under the assumption that the proposed project site, their property and property east of the property had to be developed as one project. They proceeded to state that approximately 30 years ago the City told them that there would need to be assemblage for all three properties. The neighbors felt that the applicant should be obligated to either develop somewhere else or develop all three sites. Both the applicant's development team and City staff explained to the concerned neighbors that the City could not force or require a private December 6, 2018 Planning Commission Minutes PageS owner/developer to purchase or develop all three properties unless it was stated within a document such as a Planned Area Development or within a Development Agreement because neither the developer nor the City owned the other two parcels in question. The applicant's development team proceeded to inform the neighbors that policy documents such as the Zoning Ordinance and General Plan have been amended since that time. Despite the applicant's development team's attempts to provide mitigation measures and information to alleviate their concerns, the neighbors remained in opposition. She followed up stated that to date, the applicant did not receive any further response regarding the request. Planning did not receive any response regarding the request either. Ms. Maynus stated the Planning Commission should recommend approval of this request, subject to the following stipulations: 1. Development shall be in substantial conformance with the project narrative, date stamped November 14, 2018. 2. Current Engineering Standards and ADA standards shall be implemented. 3. Current Fire Code Standards shall be implemented. Ms. Maynus concluded her presentation and asked for questions. Acting Chairperson Hirsch inquired as to the couple who were opposed to this application. Ms. Maynus stated the couple were under the assumption that their property and property east of the property had to be developed as one project. She explained that they stated that approximately 30 years ago the City told them that there would need to be assemblage for all three properties. They believed the applicant should be obligated to either develop somewhere else or develop all three sites. Acting Chairperson Hirsch thanked her for the explanation. Acting Chairperson Hirsch called for the applicant. Jennifer Boblick, Sender Associates, representing FSL Holding Properties, applicant's representative, stated the Foundation for Senior Living was established in 1974. She noted it was one of the largest non-profits in Arizona and have over 40 years of providing housing and social services to elders, families and individuals with disabilities. She said they are proposing to rezone the property from Rl-6 (Single Residence) to R-2 (Mixed Residence) to develop and operate an adult day health care facility that will be located on a site that has been undeveloped for over a decade. The project entails the construction and operation of an adult day health care facility that will provide essential personal care and health care services. She said the site and building design will be reviewed within CUP and Design Review companion applications. She asked if anyone had questions. There were none. December 6, 2018 Planning Commission Minutes Page 9 Acting Chairperson Hirsch opened the public hearing. Steve Hastings, 1201 East Thomas Avenue, stated he worked for the Foundation for Senior Living. He said they have been operating since 1991 in adult day care. He noted how successful the program has been so they had outgrown their current location. He said they had many people on their waiting list they would like to accommodate. He indicated the new facility will allow them to double their capacity. He stated they have received tremendous support from the community and city staff. He thanked them for their consideration for this application. Acting Chairperson Hirsch asked for the applicants closing comments. There were none. Acting Chairperson Hirsch closed the public hearing. Acting Chairperson Hirsch called for a motion. Commissioner Moreno made a motion to recommend approval of ZON18-11, with the stipulations contained in the staff report. Commissioner Lenox seconded the motion, which was approved unanimously. Mr. Gruber stated case ZON18-11 will be forwarded with a recommendation of approval to the City Council for final action. ADULT DAY HEALTH CARE CUP18-10: A Conditional Use Permit (CUP) request by Jennifer Boblick, Sender Associates, representing FSL Holding Properties, LLC, to allow for an Adult Day Health Care Center facility on a 3.6 gross acre site. The use will entail providing personal care and health services to adults and senior citizens with disabilities. The property is zoned R-2 (Mixed Residence) which will require a CUP. The vacant site is located at the southeast comer of 67th Avenue and Paradise Lane (6690 West Paradise Lane) and is in the Sahuaro District. Staff Contact: Dm Maynus, Planner (623-930-2810). Dru Maynus, Planner, presented staffs report. She stated this was a request by Jennifer Boblick, Sender Associates, representing FSL Holding Properties, LLC, to allow for an Adult Day Health Care Center facility on a 3.6 gross acre site. She said the use will entail providing personal care and health services to adults and senior citizens with disabilities. The property is zoned R-2 (Mixed Residence) which will require a CUP. She said on December 26, 1979 the site was annexed into the City via Ordinance No. 1103. Based on available historical aerial data, the site has remained primarily vacant since the 1960's. By the late 1970's the site was used for agricultural purposes. During the 1990's a few accessory structures had appeared on site which remained until the early 2000's when the site became vacant again. However, in 2004 CUP application was submitted for a proposed church, but the site was never developed. December 6, 2018 Planning Commission Minutes Page 10 Since the proposed project is in close proximity of residences, the hours of operation will be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday. Patrons are expected to arrive between 7:00 a.m. through 9:00 a.m. via shuttle bus transport. Valley Metro transit system, Dial-a Ride, or private vehicles. Ms. Maynus stated the proposed project has been designed to be setback over one hundred feet from the existing residential properties to the north and approximately 35 feet from the Rl-6 vacant property to the east which is well beyond the minimum 15-foot setback requirement for the R-2 Zoning District. Further, the project includes a 15-foot landscape buffer around the entire of the property. Lastly, the applicant will incorporate a 6-foot tall CMU block wall along the property lines abutting residential zoning districts and will install lush landscaping along the property lines. She indicated these design features have been incorporated to aid with screening to and from the site, providing security, and providing noise reduction from the proposed project. With regards to off-site and on-site traffic and circulation, patrons will utilize various transportation modes such as dial-a-ride, Valley Metro's transit system, private vehicles or the facilities shuttle bus services. As a result, the project will not significantly impact existing off-site traffic in the area. The project has been designed to include 40 parking spaces for patrons and facility staff members. Further, on-site circulation includes a driveway on Paradise Lane and 67th Avenue. Paradise Lane will include ingress and egress while 67th Avenue will only allow for right- in ingress and right-out egress. Lastly, the project design includes a passenger drop-off area. Therefore, both on-site and off-site traffic is adequately planned to permit safe and efficient circulation. Ms. Maynus stated this request appears to meet the required findings for Conditional Use Permit approval and should be approved, subject to the following stipulations: 1. Development shall be in substantial conformance with the site plan and project narrative, date stamped November 14, 2018, and is subject to design review approval by the Development Services Department. 2. To keep the project in an aesthetically pleasing manner and a safe condition the owner shall be responsible to maintain all landscape material and landscape areas in accordance with the landscape plan. Further, such landscaped areas shall be kept free of trash, debris, weeds, and dead plant material, and shall in all respect be maintained in a neat and clean fashion per the City Landscape Ordinance. 3. Operating hours shall be during standard business hours. 4. The owner shall consolidate parcels associated with the project site prior to the issuance of building permits. She indicated that the approval of this CUP application is contingent upon the approval ofRezone application ZON18-11. IfZON18-ll is not approved by City Council, then this CUP application becomes null and void. She concluded her presentation and asked for questions. Acting Chairperson Hirsch asked for questions. There were none. December 6, 2018 Planning Commission Minutes Page 11 Acting Chairperson Hirsch called for the applicant's presentation. Jennifer Boblick, Sender Associates, representing FSL Holding Properties, applicant's representative, stated they were asking for a conditional use permit for this project to operate the adult day care center. She thanked staff for all their efforts and help in getting them up to this point. She explained the adult center was licensed by the state and operates mainly as a child center would. She noted that there were only 21 facilities in the state making this an underserved program. She reviewed the project details as presented by staff. She explained the building floor plan includes a lobby and reception area, activity and lounge spaces, offices and conference rooms, and a central dining room with a support kitchen. She said the hours of operation will be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday. Patrons are expected to arrive between 7:00 a.m. through 9:00 a.m. She said the project includes a 15-foot landscape buffer around the entirety of the property. In addition, they will incorporate a 6-foot tall CMU block wall along the property lines abutting residential zoning districts and will install lush landscaping along the property lines. She noted that these design features have been incorporated to aid with screening to and from the site, providing security, and providing noise reduction from the proposed project. In closing, they are in agreement with all of staffs stipulations. She asked if anyone had questions. Commissioner Moreno asked if parking was adequate for the size of the facility. Ms. Boblick explained that most clients are dropped off or use a shuttle service. Therefore, the traffic was typically lower than a typical daycare and parking is adequate for staff. Acting Chaiqierson Hirsch opened the public hearing. Chairperson Hirsch closed the public hearing. With no one wishing to speak. Acting Commissioner Harper made a motion to approve CUP18-10, as written. Commissioner Lenox seconded the motion, which passed unanimously. Mr. Gruber stated approval of case CUP 18-10 application is contingent upon the approval of Rezone application ZON18-11. IfZON18-ll is not approved by City Council, then this CUP application becomes null and void. WINDSOR COURT GPA18-05 AND ZON18-06: A request by the property owner, for a General Plan Amendment from Low Density Residential up to 1 dwelling unit per acre and Office to Medium Density Residential up to 5.0 dwelling units per acre and rezoning from A-l (Agricultural) and C-0 (Commercial Office) to Rl-6 PRD (Single Residence with a Planned Residential Development Overlay) on approximately 5 acres. The site is located north of the northwest corner of 61st Avenue and Bell Road (17200 North 61st Avenue) and is in the Sahuaro District. Staff Contact: Thomas Ritz, AICP, Senior Planner (623) 930-2588. December 6, 2018 Planning Commission Minutes Page 12 Mr. Thomas Ritz, AICP, Senior Planner, presented staffs report. He stated this was a request by the property owner for a General Plan Amendment from Low Density Residential up to 1 dwelling unit per acre and Office to Medium Density Residential up to 5.0 dwelling units per acre and rezoning from A-l (Agricultural) and C-0 (Commercial Office) to Rl-6 PRD (Single Residence with a Planned Residential Development Overlay) on approximately 5 acres. He said the site is located north of the northwest comer of 61st Avenue and Bell Road (17200 North 61st Avenue) and is in the Sahuaro District. He stated the site is currently vacant. The property has a single-family residence with outdoor storage zoned A-l (Agricultural) to the north, vacant land which is the proposed location of the Hartford Court subdivision and a church which was formerly a movie theater both zoned PAD (Planned Area Development) to the east, a cell tower with a SU (Special Use District Overlay) and medical office building zoned CO (Commercial Office) to the south, and two residences with associated industrial uses zoned C-0 (Commercial Office) and A-l (Agricultural) to the west. Mr. Ritz stated the site is intended to be developed as a 24-lot single-family subdivision. Minimum lot sizes are proposed to be 4,000 square feet. He noted the site is currently divided into 4 parcels. These parcel lines will be eliminated as part of the platting process. As part of the development process, full half street improvements to 61st Avenue will be constructed. He stated the streets will be public, and the cul-de-sac will also be sized to meet the city's requirements. Access to the subdivision will be from a single point from 61st Avenue. No lots will front on 61st Avenue, rather access will be from an internal street, 61st Drive. He added that no homebuilder has been selected and no house product sizes have been determined at this time for the 24 proposed lots. On September 6, 2018, the applicant mailed notification letters to adjacent property owners and interested parties inviting them to a neighborhood meeting on September 27, 2018 at Greenbriar Elementary School. There was one attendee and no comments or concerns were raised at the formal neighborhood meeting. Mr. Ritz indicated that prior to the formal neighborhood meeting, the applicant held an informal neighborhood meeting on January 10, 2018 at Greenbriar Elementary School. He said the owner of the property located to the southwest attended and expressed interest in having an 8-foot perimeter wall separating the applicant's property and their trailer manufacturing facility, to which the applicant is agreeable. Another neighbor contacted the applicant by email to notify the applicant that his water line goes across the property. He noted that this concern has been addressed by the applicant by leaving an open area between lots 6 and 7 for the line. Mr. Ritz concluded his presentation and said the Planning Commission should recommend approval of request GPA18-05 and ZON18-06 subject to the stipulations recommended by staff as follows: 1. Development shall be in substantial conformance with the applicant's development booklet received November 20, 2018. 2. The cul-de-sac must be 52.5 foot turning radius. December 6, 2018 Planning Commission Minutes Page 13 3. Developer to provide 8' perimeter wall in the area adj acent to the existing trailer manufacturing operation. Acting Chairperson Hirsch called for the applicant's presentation. The applicant's representative stated he did not have much to add to staffs presentation. He noted they were in agreement with staff and the community's recommendations. Acting Chairperson Hirsch opened the public hearing. David Hammer, 17033 N. 63rd Avenue, Glendale, stated he has concerns with regard to access being limited to them by the development for their trailer manufacturing facility. He requested having an 8-foot perimeter wall separating the applicant's property and their trailer manufacturing facility. He would like something in writing that they will not limit their operating hours. He added that he was in favor of the facility but would like his concerns addressed. Mr. Ritz stated most of these issues that deal with this development will be addressed as this project moves forward, however, some deal with neighboring facilities such as the Fire Station and Honor Health. Darwin Bushong, 17248 North 51st Avenue, Glendale, said he has lived at that location since 197 1 He had some concerns about 61st Avenue, which is a dirt street and wonders if they were going to be improved. He would like for them to build larger lots in this area since small lots will be out of character. The applicant's representative stated they are willing to work with the neighbors regarding the fence and access to the facility. He talked about the hours of operation and noted that they will be forwarded to the Arizona Department of Public Report. He believes that was the best mechanism to address this issue. He added they will be developing and improving the area surrounding 61st Avenue. As far as the large lot comment, he believes this was a good transitional development. Commissioner Crow asked if the applicant had a problem with notifying the potential buyers about possible noise coming from the trailer facility. He replied no. He added that would have to be disclosed at some point anyway. Acting Chairperson Hirsch closed the public hearing. Commissioner Lenox made a motion to recommend approval of GPA18-05, as written. Commissioner Wilfong seconded the motion, which passed unanimously. Mr. Gruber stated case GPA18-05 will be forwarded with a recommendation of approval to the City Council for final action. December 6,2018 Planning Commission Minutes Page 14 Commissioner Crow made a motion to recommend approval of ZON18-06, with the stipulations contained in the staff report. Commissioner Wilfong seconded the motion, which was approved unanimously. Mr. Gruber stated case ZON18-06 will be forwarded with a recommendation of approval to the City Council for final action. WINDSOR COURT PRELIMINARY PLAT PP18-04: A request by the property owner for approval of a Preliminary Plat to permit development of a 24- lot single-family residential subdivision on approximately 5 acres. The site is located north of the northwest comer of 61st Avenue and Bell Road (17200 North 61st Avenue) and is in the Sahuaro District. Staff Contact: Thomas Ritz, AICP, Senior Planner (623) 930-2588. Mr. Thomas Ritz, AICP, Senior Planner, presented staffs report. He stated this was a request by the property owner, for approval of a Preliminary Plat to permit development of a 24-lot single- family residential subdivision on approximately five acres. The site is located north of the northwest corner of 61st Avenue and Bell Road (17200 North 61st Avenue) and is in the Sahuaro District. The site is currently vacant. The property has a single-family residence with outdoor storage zoned A-l (Agricultural) to the north, vacant land which is the proposed location of the Hartford Court subdivision and a church which was formerly a movie theater both zoned PAD (Planned Area Development) to the east, a cell tower with a SU (Special Use District Overlay) and medical office building zoned CO (Commercial Office) to the south, and two residences with associated industrial uses zoned C-0 (Commercial Office) and A-l (Agricultural) to the west. Mr. Ritz stated that Windsor Court is located within the Deer Valley Unified School District (DVUSD). He said the applicant has met with the school district to ensure that there are adequate school facilities. DVUSD confirmed that the school district has adequate facilities to accommodate the Windsor Court subdivision. Mr. Ritz stated the request meets the requirements for preliminary plat approval and should be approved subject to the following stipulations: 1. Development shall be in substantial conformance with the applicant's development booklet received November 20, 2018. 2. The required side yard setbacks shall be a minimum of 5 feet and 5 feet on each side. 3. Dedication of rights-of-way for the streets shall occur in conjunction with the final plat and street improvements are required with the development of the subdivision or any portion thereof. 4. Cul-de-sac must be 52.5 foot turning radius. 5. A tot-lot and other age appropriate amenities shall be added in open space areas which are not used for retention. 6. Approval of the Preliminary Plat shall be conditioned by and subject to the City Council approval of related applications GPA18-05 and ZON18-06 December 6, 2018 Planning Commission Minutes Page 15 Acting Chairperson Hirsch called for the applicant's presentation. The applicant had nothing to add. Acting Chairperson Hirsch opened the public hearing. Chairperson Hirsch closed the public hearing. Acting Chairperson Hirsch called for a motion. With no one wishing to speak, Acting Commissioner Crow made a motion to approve PP18-04, with the stipulations contained in the staff report and with an additional stipulation regarding the noise level in the area. Commissioner Harper seconded the motion, which was approved unanimously. Mr. Gmber stated case PP 18-04 approval shall be conditioned by and subject to the City Council approval of related applications GPA18-05 and ZON18-06. Acting Chairperson Hirsch added for the record, that the city and developers should try and really work with the trailer manufacturing facility since they had been there a very long time. He believes that small businesses are the backbone of the community and it was essential they keep supporting them wherever possible. MEDICAL MAMJUANA DELIVERIES ZONING TEXT AMENDMENT ZTA18-04: This is a request by Justin Schudel of Supurb Solutions LLC to adopt a new Zoning Text Amendment (ZTA) pertaining to the regulation of Medical Marijuana Dispensaries. This will apply city-wide for properties that have the appropriate zoning for Medical Marijuana Dispensaries. Staff Contact: Thomas Ritz, AICP, Senior Planner 623-930-2588. Thomas Ritz, AICP, Senior Planner, made the presentation. He said this was a request by Justin Schudel of Supurb Solutions LLC to adopt a new Zoning Text Amendment (ZTA) pertaining to the regulation of Medical Marijuana Dispensaries. This will apply city-wide for properties that have the appropriate zoning for Medical Marijuana Dispensaries. Mr. Ritz stated the proposed change would permit off-site delivery by Medical Marijuana Dispensaries. He said the proposed revisions to each section are outlined below and each section of the ordinance is attached with the proposed revisions in legislative format. Section number 7.802 Medical Marijuana Dispensary: J. Off-site delivery is prohibited permissible only if the dispensary maintains and accurately practices procedures and policies that fully comply with A.R.S. Title 36, Chapter 28.1 and Arizona Administrative Code Title 9, Chapter 17, or their successor statutes and rules, if any. On May 24, 2018 the applicant mailed notification letters to all interested parties on all the city's interested parties list inviting them to three neighborhood meetings. The neighborhood meetings were held on June 11,2018 at the Glendale Main Library, on June 13,2018 at the Glendale Airport, and on June 18, 2018 at the Foothills Recreation and Aquatic Center. Staff received two emails in December 6, 2018 Planning Commission Minutes Page 16 opposition to the request. The applicant also provided numerous signatures of persons supporting the request. Mr. Ritz stated that at the main library two people attended, at the Glendale Airport no one attended, and at Foothills Recreation and Aquatic Center five attended. Comments and questions received at the neighborhood meetings are included in the Citizen Participation Final Report. Mr. Ritz stated the Planning Commission must conduct a public hearing and determine if this request is consistent with the General Plan and other adopted policies and goals. Staff recommends approval of ZTA18-04. Acting Chairperson Hirsch called for the applicant's presentation. Justin Schudel of Supurb Solutions LLC, stated the City of Glendale currently does not allow the state licensed dispensaries that reside inside its city limits to deliver and give their patients another way to obtain their medicine. He noted that other neighboring cities do deliver including Phoenix, Scottsdale, Tempe, Paradise Valley and Sun City. He stated the city was losing revenue, as well as allowing illegal delivery services to give way. He showed all the dispensaries that were not background checked by the state on a map that were doing business. He stated all they were asking was to strike the "prohibited" word from the text amendment and include "permissible only if the dispensary maintains and accurately practices procedures and polices that full comply with the statuses and rules." He showed a video about the benefits of medical marijuana from actual patients. He also talked about all the regulations they have to abide by by law. He thanked staff for their help and hope they approve this application. Acting Chairperson Hirsch asked for questions from the Commission. Commissioner Froke asked for additional information regarding the map showing all the other cities participating. Mr. Schudel explained the map again and expanded on the cities that are partaking. Commissioner Harper asked how many dispensaries were in Glendale. Mr. Schudel explained that he was actually with Supurb Solutions, LLC, a technology company that provides compliant software that they license to dispensaries. They are here before the Commission to help provide delivery in a way that will provide complete transparency and accountability. Commissioner Harper inquired about the drivers. Mr. Schudel stated they were all employees of the dispensaries themselves and were licensed by the state as well as have FBI background checks. Commissioner Crow asked if the dispensary businesses that had come to Glendale are aware they were not allowed to deliver. Mr. Schudel responded yes. However, they are also aware of the benefits of this service to the people who need it in a safe and transparent way. Acting Chairperson Hirsch asked how an illegitimate and unlicensed dispensary exists as shown on the map he provided. Mr. Schudel stated they were working in a gray area that is called patient- December 6, 2018 Planning Commission Minutes Page 17 to-patient donation. Acting Chairperson Hirsch noted this was something the public had been afraid of would happen if they legalized the dispensaries. Commissioner Harper asked if he thinks this will cut down on unlicensed deliveries. Mr. Schudel responded yes since most want to do it legally. Commissioner Froke inquired as to the neighborhood meetings and how this was received. Mr. Ritz stated that three meetings on this issue were held. At the main library, two people attended, at the Glendale Airport no one attended, and at Foothills Recreation and Aquatic Center five attended. Acting Chairperson Hirsch opened the public hearing. With no one wishing to speak. Acting Chairperson Hirsch closed the public hearing. David Williams, AICP, Planning Administrator, commented that staff views this application with some negatives and positives while understanding this was a controversial issue. He noted that although staff recommends approval, they still have some reservations but can see both sides of the issue. However, they do want to see businesses like these operate legally, responsibly with accountability in the city. Acting Chairperson Hirsch asked if the police department had been advised of this application. Mr. Ritz responded no for this application of delivery, however, PD is aware of the operation of dispensaries and their licensing. Acting Chairperson Hirsch called for a motion. Commissioner Moreno made a motion to recommend approval of ZTA18-04, as written. Commissioner Harper seconded the motion. The motion was approved with a vote of 6 to 1 (Acting Chairperson Hirsch voting nay). Mr. Jim Gruber, Chief Deputy City Attorney, stated case ZTA 18-04 will be forwarded with a recommendation of approval to the City Council for final action. OTHER BUSINESS FROM THE FLOOR Acting Chairperson Hirsch asked if there was any Business from The Floor. Mr. Williams thanked the Commission and the public for their attendance to these late meetings. COMMISSION COMMENTS AND SUGGESTIONS Acting Chairperson Hirsch called for Comments and Suggestions. Commissioner Crow wished everyone a Merry Christmas and a Happy New Year December 6, 2018 Planning Commission Minutes Page 18 Commissioner Froke discussed the many half streets in Glendale. He stated he was pleased with the recommendations the Planning Commission approved tonight. Acting Chairperson Hirsch wanted to remind everyone that December 7 marks 77 years since the attack on Pearl Harbor. He thanked the many veterans who fought for our country and won the war. PLANNmG STAFF REPORT Acting Chairperson Hirsch asked if there was a Planning Staff Report. Mr. Williauis stated staff was working on proposals to update their zoning code. NEXT MEETDsG January 17, 2019 Plaiming Commission Public Hearing ADJOURNMENT With no further business, Acting Chairperson Hirsch called for a motion to adjourn. Commissioner Harper made a motion to adjourn. Commissioner Moreno seconded the motion, which was approved with a vote of 7 to 0. The meeting was adjourned at 8:51 p.m. Diana Figueroa Recording Secretary