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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 2/7/2019MINUTES CITY OF GLENDALE PLANNING COMMISSION CITY COUNCIL CHAMBERS 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, FEBRUARY 7, 2019 6:00 PM CALL TO ORDER Chairperson Hirsch called the meeting to order at approximately 6:00 p.m. Commissioners Present: Commissioners Crow, Froke (telephonically), and Vice Chairperson Lenox and Chairperson Hirsch were present. Commissioners Absent: Commissioners Harper and Wilfong were absent and excused. City Staff Present: Dru Maynus, Planner, Jeremy Underwood, Planner, Thomas Ritz, AICP, Senior Planner, David Williams, AICP, Planning Administrator, James Gruber, Chief Deputy City Attorney, and Diana Figueroa, Recording Secretary. CITIZEN COMMENTS Chairperson Hirsch called for citizen comments. There were none. APPROVAL OF MINUTES Chairperson Hirsch called for a motion for the August 8, 2018 Planning Commission Regular Meeting minutes. Commissioner Crow made a motion to approve the minutes as written. Vice Chairperson Lenox seconded the motion, which was approved with a vote of 4 to 0. Chairperson Hirsch called for a motion for the November 1, 2018 Planning Commission Workshop Meeting minutes. Vice Chairperson Lenox made a motion to approve the minutes as written. Commissioner Crow seconded the motion, which was approved with a vote of 4 to 0. Chairperson Hirsch called for a motion for the November 1, 2018 Planning Commission Regular Meeting minutes. Commissioner Crow made a motion to approve the minutes as written. Vice Chairperson Lenox seconded the motion, which was approved with a vote of 4 to 0. Chairperson Hirsch called for a motion for the December 6, 2018 Planning Commission Workshop Meeting minutes. February 7, 2019 Planning Commission Minutes Page 2 Vice Chairperson Lenox made a motion to approve the minutes as written. Commissioner Crow seconded the motion, which was approved with a vote of 4 to 0. WITHDRAWALS AND CONTINUANCES Chairperson Hirsch asked for Withdrawals and Continuances. ZTA19-02: A request by the City of Glendale Planning Commission to amend SPECIAL DEVELOPMENT STANDARDS adding MAP #10. The proposed changes, if adopted, would provide for additional building height up to eighty (80) feet, a maximum floor area ratio of 0.6, a parking ratio of 1 space per 2,000 square feet of M-1 or M-2 industrial uses, increased building setbacks from residential uses and requires compliance with the Luke Compatible Land Use Area as prescribed by the Glendale General Plan. Staff Contact: David Williams, Planning Administrator (City -Wide). Mr. David Williams, AICP, Planning Administrator, stated staff is requesting this item be continued to the April 4, 2019 Planning Commission Public Hearing. Chairperson Hirsch said this item would be heard at the April 4, 2019 Planning Commission Public Hearing. PUBLIC HEARING ITEMS Chairperson Hirsch called for the Public Hearing Items. CORNERSTONE AT CAMELBACK PAD AMENDMENT ZON18-13: A request by David Cisiewski with the Law Office of David Cisiewski LLC, to amend the existing Cornerstone at Camelback PAD (Planned Area Development). The proposed amendment to the PAD will allow for a self -storage facility to be constructed within the PAD as a permitted use. The proposed 3 - story, 102,300 sq. ft. structure will be located north of the northeast corner of Camelback Road and 991h Avenue (5205 North 99th Avenue) and is in the Yucca District. Staff Contact: Jeremy Underwood, Planner, 623-930-2553. Mr. Jeremy Underwood, Planner, introduced himself and made staff's presentation. He said this was a request by David Cisiewski with the Law Office of David Cisiewski LLC, to amend the existing Cornerstone at Camelback PAD (Planned Area Development). The PAD (Planned Area Development) amendment requires a rezoning process. The subject property is zoned PAD and will remain PAD if the proposal is approved. The primary change to the PAD includes adding self - storage warehouses as a Permitted Use, subject to an 110,000 square foot maximum total allowance within the entire PAD. Other changes include aligning permitted, conditional, and prohibited uses in the PAD more closely with those in the C -O (Commercial Office), C-1 (Neighborhood Commercial), and C-2 (General Commercial) Zoning Districts. Mr. Underwood stated the undeveloped portion of the existing PAD measures approximately 12.91 acres in size. On this undeveloped portion of the PAD, the applicant is proposing a 102,300 -sq. ft., February 7, 2019 Planning Commission Minutes Page 3 3 -story, self -storage warehouse. Currently, the PAD allows self -storage warehouses as a use subject to a conditional use permit. The amendment will allow, by right, self -storage warehouses subject to a total of 110,000 square feet within the planned area development. Other uses, as proposed in the amendment, adhere closely to the Zoning Ordinance for the C -O (Commercial Office), C-1 (Neighborhood Commercial), and C-2 (General Commercial) districts. He advised that the exceptions to these allowed uses include, by right, self -storage warehouses, hotels, emergency medical care facilities, and convenience uses. He stated the subject property is located in the southwest portion of the city. North of the site is a business office complex, zoned C -O (Commercial Office). East of the site is the Loop 101 Freeway. Camelback Road and the City of Phoenix lie south of the site. Immediately adjacent and west of the proposed self -storage warehouse site is a Century Link switching station that lies within Maricopa County's jurisdiction. Also, west of the PAD lies 99th Avenue and multi -family apartment complexes within the City of Phoenix. Mr. Underwood said the proposed development standards for the PAD offer minor changes to what was previously administered. Maximum building heights of 56 feet, as indicated in Map #5 of the Special Development Standards still apply. He explained the landscape setbacks along with front, side, and rear setbacks are all proposed at 15 feet, with a 20% minimum open space requirement. He added that a modified parking standard for self -storage warehouses is proposed at 1 space per 15,000 square feet of building area; however, all other City of Glendale Zoning Ordinance standards related to parking remain intact for the PAD. In order to ensure architectural compatibility with the area, the self -storage facility will adhere to similar designs to the office complexes north of the site as well as existing PAD development. Mr. Underwood stated that on June 4, 2018, the applicant mailed notification letters to adjacent property owners and interested parties notifying them of a neighborhood meeting, which was held on June 20, 2018 at the Comfort Suites Hotel, located in the PAD. He said the neighborhood meeting had two attendees. He noted the primary concern at the meeting related to architectural design of the project, which has been addressed by the applicant in their latest proposal. Mr. Underwood stated the Planning Commission should recommend approval of this request, subject to the following stipulation: 1. Development shall be in substantial conformance with the PAD Amendment booklet and Narrative, dated January 9, 2019. Chairperson Hirsch asked for Commissioner questions. There were none. Chairperson Hirsch asked for the applicant's presentation. Mr. David Cisiewski, Law Office of David Cisiewski, LLC, applicant, stated staff had done an excellent job in stating the details of this application. Therefore, he will only highlight a few points. He said the nature of the PAD amendment is that self -storage uses were allowed under the February 7, 2019 Planning Commission Minutes Page 4 original PAD with a conditional use permit. However, after discussions with Vice Mayor Clark and staff, it was a good idea to take some time and cleanup this PAD and reset the uses to be more in line with what the city is using today. He explained this will be a very nice storage facility that will complement the area. He believes they are bringing forth a very good project and Vice Mayor Clark was satisfied with the application brought forth. He hopes for their approval tonight. Chairperson Hirsch asked for Commissioner questions. There were none. Chairperson Hirsch opened the public hearing. With no one wishing to speak, he closed the public hearing. Chairperson Hirsch called for a motion. Commissioner Froke made a motion to recommend approval of ZON18-13 subject to one stipulation as noted in the staff report. Vice Chairperson Lenox seconded the motion, which was approved with a vote of 4 to 0. Mr. Jim Gruber, Chief Deputy City Attorney, stated this is not final action. This recommendation for approval will go forward to the City Council for final action. LINCOLN LOGISTICS 303 PAD ZON18-16: A request by Adam Baugh with Withey Morris, PLC, to rezone the property from M-1 (Industrial) and County RU -43 (Glendale A-1 effective 2/1/19) to PAD (Planned Area Development). The proposed PAD will allow for industrial uses including an industrial warehouse and distribution center called Lincoln Logistics 303. The proposed PAD would also permit assembly, manufacturing, professional and medical offices and related uses, call center and wholesale sales with a maximum permitted height of 85 feet and is intended to be consistent with Glendale's Luke Compatible Land Use Area. The property is located on the west side of Sarival Avenue, about 1,275 feet south of Glendale Avenue and is in the Yucca District. Staff Contact: David Williams, Planning Administrator, 623-930- 2585. Mr. David Williams, AICP, Planning Administrator, introduced himself and made staff's presentation. He said this was a request by Adam Baugh with Withey Morris, PLC, representing Loop 303 at Glendale LLC, to rezone approximately 72 acres of property from A-1 (Agricultural) and M-1 to PAD (Planned Area Development). The site is located along the east side of the Loop 303 Freeway, west of Sarival Avenue about'/4 mile south of Glendale Avenue. Mr. Williams stated a rezone of the subject site to PAD would allow the property to be developed for industrial, manufacturing, office and accessory retail uses with flexible development standards not available with the current M-1 and A-1 zoning. He explained the developer would be required to submit a design review application prior to developing the subject site. The applicant seeks to develop appropriate industrial and associated uses on property fronting directly on the Loop 303 Freeway. February 7, 2019 Planning Commission Minutes Page 5 Mr. Williams noted the General Plan specifies Regional Mixed Use along the 303 corridor and the requested zoning and intended uses are consistent with this existing General Plan designation. The applicant has submitted conceptual site plans (Options A and B) which include two options for either a single 1.17 million square foot building or two smaller buildings totaling 1.04 million square feet. He advised that a development standards comparison between the M-1 zone and the PAD for the proposed development is shown in their packet materials. He stated that on December 7, 2018, the applicant mailed notification letters to property owners within 300' and interested parties notifying the public of a neighborhood meeting, which was held December 19, 2018 at Western Sky Middle School. He said there were no members of the public that attended the neighborhood meeting, only the applicant and city staff. Mr. Williams stated the Planning Commission should recommend approval of ZON18-16, subject to the following stipulations: 1. Development shall be in substantial conformance with the revised PAD document, dated January 31, 2019. 2. A Traffic Impact Analysis (TIA) has been submitted and is subject to approval by the Transportation Department. The applicant's Traffic Engineer will work with the Transportation Department to resolve any related traffic, access and roadway concerns. 3. A half -street right-of-way dedication of 55 feet will be required on Sarival Avenue and improvements shall be completed including: pavement, curb, gutter, sidewalk, landscaping, and streetlights. Additional right-of-way may be required for any required deceleration lanes. 4. Owner shall install a right -turn deceleration lane at the proposed project site's main entry/exit on Sarival Avenue as determined by the approved TIA report. 5. Current Engineering Standards and ADA standards shall be implemented. Chairperson Hirsch asked for Commissioner questions. Vice Chairperson Lenox asked for clarification regarding the height. He said the staff report notes 85 feet, however, 80 feet was mentioned in staff's presentation. Mr. Williams said yes, 85 feet is correct. Chairperson Hirsch asked to verify a height of 100 feet. Mr. Williams said that is correct. Chairperson Hirsch called for the applicant's presentation. Mr. Adam Baugh, Withey Morris, PLC, 2525 East Arizona Biltmore Circle, Phoenix, applicant, thanked staff for their thorough presentation and for the assistance in helping move this project through the process. February 7, 2019 Planning Commission Minutes Page 6 Chairperson Hirsch opened the public hearing. With no one wishing to speak, he closed the public hearing. Chairperson Hirsch called for a motion. Commissioner Froke made a motion to recommend approval of ZON18-16, subject to the stipulations as noted in the staff report. Commissioner Crow seconded the motion, which was approved with a vote of 4 to 0. Mr. Jim Gruber, Chief Deputy City Attorney, stated this is not final action. This recommendation for approval will go forward to the City Council for final action. CASH AND CREDIT AUTO SALES CUP17-01: A request by Leodra Bowdell on behalf of Phoenix Permit Services, LLC, representing Francisco Gamez, to allow the boundaries of an approximately 32,000 square foot existing used auto dealership business to expand its boundaries to include approximately 44,000 additional square feet to the existing use permit in the C-2 (General Commercial) zone district. The site is located at the northwest corner of Glendale Avenue and 52°a Avenue (5222 West Glendale Ave) in the Ocotillo District. Staff Contact: Dru Maynus, Planner (623-930-2810). Ms. Dru Maynus, Planner, introduced herself and made staff's presentation. She said this was a request by Leodra Bowdell from Phoenix Permitting Services, LLC on behalf of property owner Francisco Gamez to allow the boundaries of an existing used auto dealership business to expand to include approximately 44,000 square feet of additional use area to an existing Use Permit ZU- 85-02 in the C-2 (General Commercial) zoning district. She said the site is located at 5222 West Glendale Avenue and is in the Ocotillo District. Ms. Maynus said the applicant is proposing to expand the boundaries of an existing use permit (ZU-85-02) which was approved by City Council on February 26, 1985. She stated the used auto dealership is currently operating on two parcels totaling approximately 28,600 square feet; however, their request is to expand their use area to include properties to the east. Specifically, the applicant is requesting to include approximately 44,000 square feet of additional use area for their business. She advised that the proposed expansion does not include any construction as the properties to the east are already paved and stripped for parking and include landscaped islands. To add, the underlying zoning and use will remain the same. Ms. Maynus stated that on October 20, 2018, the applicant mailed notification letters to adjacent property owners and interested parties. She said the applicant did not receive any response regarding the request. She noted that Planning received a single response on January 16th from an individual located on the city's interested parties list. The individual opposed the expansion of the business stating he does not want to see any additional used car sales businesses in downtown area, which includes the expansion of this business. February 7, 2019 Planning Commission Minutes Page 7 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, dated December 28, 2018 and the project narrative, dated December 28, 2018. 2. To beautify the project site, the property owner shall provide additional landscaping within the project site along 52nd Avenue and Glendale Avenue. The additional landscaping shall be in the form of decomposed granite, shrubs, perennials, trees, and/or any other drought tolerant landscaping material that complies with the Landscaping Ordinance. 3. To keep the project in an aesthetically pleasing manner and a safe condition the property owner shall be responsible for maintaining all landscape material and landscaped areas free of trash, debris, weeds, and dead plant material, and the landscaping shall be maintained in a neat and clean fashion per the City Landscape Ordinance. 4. All agreements, conditions, and stipulations of the original use permit (ZU-85-02) that have not been amended by this application shall remain in effect. Chairperson Hirsch asked for Commissioner questions. There were none. Chairperson Hirsch called for the applicant's presentation. Ms. Leodra Bowdell, Phoenix Permit Services, LLC introduced herself and stated staff did an excellent job presenting the case. She explained this application will allow the boundaries of an existing used auto dealership business to expand to include approximately 44,000 square feet of additional use area to an existing use permit. She thanked the Commissioners for their time. Chairperson Hirsch asked for Commissioner questions. There were none. Chairperson Hirsch opened the public hearing. With no one wishing to speak, he closed the public hearing. Chairperson Hirsch called for a motion. Commissioner Crow made a motion to APPROVE CUP17-01 subject to the findings and stipulations noted in the staff report. Vice Chairperson Lenox seconded the motion, which was approved with a vote of 4 to 0. Mr. Jim Gruber, Chief Deputy City Attorney, stated this is final action. Anyone wishing to appeal this motion may do so in writing within 15 days. ZTA19-01: A request by the City of Glendale Planning Commission to amend Article 2. Definitions and Rules of Construction, Article 3. Administration, Article 5, Zoning District Regulations, and Article 7, General Development Standards. The proposed changes, if adopted, would allow flagpoles up to sixty (60) feet in height in Office, Commercial, and Industrial zoning districts and as part of model home complexes, February 7, 2019 Planning Commission Minutes Page 8 would allow a Medical Marijuana Offsite Cultivation to include a Medical Marijuana Infusion (or Manufacturing) Facility, permit manufactured homes or single-family homes as otherwise permitted in a Mobile Home Subdivision, and other miscellaneous amendments. Staff contact: Thomas Ritz, AICP, Senior Planner (City -Wide). Mr. Thomas Ritz, AICP, Senior Planner, introduced himself and made staff's presentation. He said this was a request by the City of Glendale Planning Commission to amend Article 2. Definitions and Rules of Construction, Article 3. Administration, Article 5, Zoning District Regulations, and Article 7, General Development Standards. He noted the proposed changes, if adopted, would allow flagpoles up to sixty (60) feet in height in Office, Commercial, and Industrial zoning districts. He added that as part of model home complexes, it would allow a Medical Marijuana Offsite Cultivation to include a Medical Marijuana Infusion (or Manufacturing) Facility, permit manufactured homes or single-family homes as otherwise permitted in a Mobile Home Subdivision, and other miscellaneous amendments. He stated the proposed changes would allow flagpoles up to 60 feet in height in model home complexes for no more than 3 years. He noted the changes would allow flagpoles with a maximum height of 60 feet in commercial and industrial zoning districts. Additionally, the changes would also allow medical marijuana infusion (kitchen) to make products and cultivation (growing) to be at the same industrial location and there would be no retail sales at these locations. He explained this change would bring Glendale's regulation into compliance with state regulations of these businesses. He advised the proposed text amendments would allow all types of homes, both site built and manufactured homes in mobile home subdivisions. Currently, only manufactured homes are allowed on lots in mobile home subdivisions. He noted the proposed Zoning Text Amendment would renumber office districts in the zoning code and correct other scriveners and typographic errors. He noted the proposed revisions to each section are outlined below and each section of the ordinance is attached with the proposed revisions in legislative format. Mr. Ritz stated that on January 11, 2019, Planning staff, as the applicant, mailed notification letters to interested parties informing them of three neighborhood meetings held in different parts of the city. The first neighborhood meeting was held on January 23, 2019 at the Foothills Recreation and Aquatics Center. No public attended this meeting. He said the second neighborhood meeting was held on January 24, 2019 at the Main Glendale Public Library. One citizen attended this meeting and had no concerns with this Zoning Text Amendment. He stated the third neighborhood meeting was held on January 29, 2019 at the Glendale Municipal Airport. The Vice -Mayor attended this meeting and she did not want to promote marijuana. He noted that Staff received one phone call seeking clarification on the portion of the text amendment concerning Medical Marijuana and was able to answer all of his questions. The Planning Commission must conduct a public hearing and make a recommendation to the City Council regarding the adoption of ZTA19-01. February 7, 2019 Planning Commission Minutes Page 9 Mr. Ritz stated the proposed text amendment is intended to address the Council Item of Special Interest related to flagpoles and other minor zoning code text amendments of staff and public concern. In order to accomplish this directive, staff recommends adopting the proposed text amendment. Move to recommend approval of ZTA19-01. Chairperson Hirsch asked for Commissioner questions. Chairperson Hirsch noted this text amendment would bring Glendale's regulation into compliance with state regulations of these businesses. Mr. Ritz stated he was correct. Chairperson Hirsch asked if there were any consequences to this disconnect and what if the City does not want to reflect the State's same position on cultivating and processing marijuana. He asked what the legal repercussions are if the city does not comply with the State's regulations. He had some concerns on this topic since it was still illegal under federal law. Mr. Jim Gruber, Chief Deputy City Attorney, stated there was still much discussion to be had on this subject, as there were still a lot of unknowns. He advised that since there were State regulations regarding this subject, there might be penalties if the city was not in compliance. However, for this particular application, staff would have to investigate further. Mr. David Williams, Planning Administrator, noted that this text amendment closes a small gap they had to insure that they have separation requirements applied to an infusion facility. Chairperson Hirsch stated he would like to have the medical marijuana item not included with the other amendments in this zoning code text amendment request. Commissioner Crow asked if this portion could be removed from the request. He asked if this was within the Commission's ability to make such a request. Mr. Williams said yes and added the Commission may remove any portion of this text amendment request and move forward only those requests they wish. The Commissioners agreed. Chairperson Hirsch opened the public hearing. Mr. Lou Turner, 7831 North 11th Avenue, Phoenix, Arizona, stated he was in support of this application. He was specifically supporting the flagpole portion of this application. He noted the poles were only temporary and are taken down after the sales period. He said they really help with the advertising and makes it easy for people to find them. With no one else wishing to speak, Chairperson Hirsch closed the public hearing. Chairperson Hirsch called for a motion. February 7, 2019 Planning Commission Minutes Page 10 Vice Chairperson Lenox made a motion to recommend approval of ZTA19-01 with the exception of number 2 to be revisited at a future date. Commissioner Crow seconded the motion, which was approved with a vote of 4 to 0. Mr. Jim Gruber, Chief Deputy City Attorney, stated the action is not final. This recommendation will be forwarded to the City Council for further consideration. OTHER BUSINESS Chairperson Hirsch asked if there was any Business from The Floor. There was none. COMMISSION COMMENTS AND SUGGESTIONS Chairperson Hirsch called for Comments and Suggestions. There were none. PLANNING STAFF REPORT Chairperson Hirsch asked if there was a Planning Staff Report. Mr. David Williams, AICP, Planning Administrator, stated staff will follow up on the Planning Commission vacancy of the Yucca District appointment. He recognized Diana Figueroa, Recording Secretary, stating she was a key member of the Planning staff and was much appreciated. He said Diana made the whole Planning Division run very efficiently. Everyone agreed. He stated Planning interns will be starting next week from Arizona State University. They will be helping with the city's backlog of work while getting experience in the world of city planning. Lastly, he noted the Zoning Code update had been sent out for bids. He will keep the Commission updated. Chairperson Hirsch congratulated Commissioners Lenox and Froke on their reappointments to the Planning Commission. NEXT MEETING Chairperson Hirsch stated the next meeting of the Planning Commission scheduled for March 7, 2019 is vacated. The next meeting is scheduled for April 4, 2019. ADJOURNMENT With no further business, Chairperson Hirsch called for a motion to adjourn. Vice Chairperson Lenox made a motion to adjourn. Commissioner Crow seconded the motion, which was approved with a vote of 4 to 0. February 7, 2019 Planning Commission Minutes Page 11 The meeting was adjourned at 7:04 p.m. Submitted by Diana Figueroa, Recording Secretary