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HomeMy WebLinkAboutMinutes - Minutes - Planning Commission - Meeting Date: 4/28/2022MINUTES PLANNING COMMISSION COUNCIL CHAMBERS 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 APRIL 28, 2022 6:00 P.M. 1. CALL TO ORDER Chairperson Crow called the meeting to order at approximately 6:00 pm 2. ROLL CALL Present: Vern Crow, Chair Gary Hirsch , Vice Chair Tom Cole, Commissioner John Crow, Commissioner John Geurs, Commissioner Martin Nowakowski, Commissioner SAHUARO,VACANT Also Present: Tabitha Perry, Interim Planning Director James Gruber, Deputy City Attorney Lisa D. Wilson, Recording Secretary Christina Lavelle, Senior Planner George Gehert, Senior Planner Edward Vigil, Senior Planner 3. CITIZEN COMMENTS Chairperson Crow called for citizens comments on items not on the agenda, there were no comments. 4. APPROVAL OF MINUTES a. Planning Commission Minutes of February 24th, 2022 Regular Meeting b. Planning Commission Minutes of February 24th 2022 Special Workshop. C. Planning Commission Minutes of March 24th 2022 Regular Meeting. Chairperson Crow called for an approval of the regular meeting minutes for February 24th and March 24th 2022 Vice -Chair Hirsch Made a motion to approve the minutes and Commissioner Crow 2nd the motion passed. 5. WITHDRAWALS AND CONTINUANCES Chairperson Crow asked if there were any withdrawals or continuances, there were none 6. PUBLIC HEARING ITEMS Chairperson Crow called for Public Hearing items and limited public comments to 5 minutes in length a. CUP21-06- Gas and Auto- U -Haul Conditional Use -A request by Atul Prasad, for a Conditional Use Permit (CUP) to allow rentals of U -Haul trucks and trailers as required of Sec. 5.754 of the City of Glendale Zoning Ordinance. The site is located at the northwest corner of Glendale Avenue and 75th Avenue and is in the Yucca District (7504 W Glendale Avenue). Staff Contact: Christina Lavelle, Planner, (623) 930-2553 Ms. Christina Lavelle made the staff presentation Chairperson Crow called for questions form the commission Vice -Chair Hirsch asked if stipulation #4 include all 5 landscape planters shown in the aerial photo. Ms. Lavelle indicated each landscape planters onsite only will be evaluated at design review which included all 5 planters Vice -Chair Hirsch asked if there was in consideration or discussion of permanently closing the 2 driveways closest to the intersection of 75th & Glendale Avenue. Ms. Lavelle said transportation department reviewed and decided the driveways as is are adequate. Vice Chair Hirsch asked if Planning had given any consideration to closing the driveways to take pressure of the corners Ms. Lavelle indicated it could be something revisited during design review Vice -Chair Hirsch indicated he would like it considered. Commissioner Crow asked why the site was limited to 2 designated parking spaces and wanted to know if staff made that demand or if the applicant initiated it. Commissioner Crow was concerned with vehicles being picked up and dropped off the applicant would be out of compliance. Ms. Lavelle indicated the applicant submitted for 2 parking spaces and considering circulation staff agreed, and she would let the applicant answer further. Commission Geurs asked if there were going to limit the size of vehicles being parked at the site. Ms. Lavelle said the applicant would answer that question, although the site has adequate parking. Applicant Atul Prasad Glendale AZ Applicant indicated he only wanted to handle 2 U -Haul rental, he would only be allowing Pickup trucks on the site, and he also indicated that his impression was the parking spots had to be designated however he does have about 20 spaces onsite. Commissioner Geurs said he drove by the site and there were 3 vehicles there in painted designated spots and 2 of them were large trucks. Commissioner Geurs asked if Mr. Prasad would be letting U -Haul know he would not be servicing the larger trucks. The applicant stated his agreement with U -Haul is for 2 vehicles, although he can not tell customers not to drop off vehicles, U -Haul is notified of the extra vehicle, and it is picked up. Commissioner Nowakowski asked Deputy Atty Gruber as the stipulation is written if there are 3 or more vehicles on the lot would the applicant be out of compliance Atty Gruber said the client would be out of compliance with three or more vehicles on the lot Commissioner Crow expressed his concern that the stipulations as written were setting the applicant up to fail wanted to get clarification if the applicant wanted the request Amended Applicant said he didn't want more than two as he did not wish to increase staff or take away form his gas station business. Commissioner Cole suggested altering the language of the stipulation Atty Gruber said they could amend the stipulation as suggested however enforcing it would be difficult, and the planning staff indicated they could eliminate stipulation #2 Ms. Perry agreed it seemed more appropriate to eliminate stipulation #2 and define parking in design review Vice -Chair Hirsch wanted clarification the consequences of removing stipulation #2 if the property was sold Ms. Perry stated there are parking requirements that are enforced during the design review process in that scenario Commissioner Cole asked if the wording of stipulation #1 would prohibit a new site owner from increasing the rental vehicles as outlined in the narrative Ms. Perry explained that the parking requirements in design review phase limits parking to fall within the intent of the CUP and takes into account the narrative Chairman Crow having no speaker cards or questions closed the public hearing Commissioner Crow made a motion to approve CUP21-06 subject to stipulation excluding stipulation #2 Commisioner Nowakowski second the motion AYE: Chair Vern Crow Vice -Chair Gary Hirsch Commissioner Tom Cole Commissioner John Crow Commissioner Martin Nowakowski Commissioner John Geurs PASSED Mr. Gruber, Chief Deputy City Attorney, stated these recommendations would be forwarded to the City Council for final action. b. GPA22-01 and ZON22-01-PC Village 83 Multifamily - Minor General Plan Amend/Rezone - N of NWC 83rd and Camelback - A request by Jon Froke and Adam Froke on behalf of Froke Urban Planning LLC, representing Dorothy Keith and Teresa Zaddack, for a minor amendment to the Glendale General Plan from LDR-2.5 (Low Density Residential - 2.5 units/acre) to HDR -20 (High Density Residential - 20 units/acre); and for a rezoning from SR -17 (Suburban Residential 17,000 square foot minimum lot size) to R-3 (Multiple Family Residential) for 5.03 acres. The site is located along the west side of North 83rd Avenue, approximately 1,000 feet north of its intersection with West Camelback Road (Address: 5136 North 83rd Avenue); and is in the Yucca District. Staff Contact: George Gehlert, Senior Planner. Mr. Gehlert made staff presentation Chairperson Crow called for questions from the commission Commissioner Geurs asked what was being developed in the fenced off area Mr. Gehlert indicated the city doesn't have a proposal for that parcel Vice -Chair Hirsch in response to opposition letters confirmed the project conformed to the requirements of traffic, schools, emergency access, building heights and verified there wasn't anything in the code that requires the commission to take rental possibilities into consideration. Commissioner Nowakowski wanted to know why the initial proposal of 36 two-story medium high density changed 8 months later to a 70 unit multifamily High Density Mr. Gehlert indicated it would be better for the applicant to answer that question. Commissioner Crow asked for clarification "may not be consistent" in reference to the density of the project. Mr. Gehlert restated staffs position that a development of a less density would be a better fit Deputy Atty Gruber informed the commission that they could take into account rentals versus homeownership when making a recommendation to the City Council John Froke made the applicants presentation Chairperson Crow asked for questions Commissioner Nowakowski asked if the intent of the owner to live on the property after developments Mr. Froke indicated the applicant wouldn't be living in the developments. Commissioner Geurs asked where would the dog park and pool be on the plan, would the garage be full size to accommodate larger trucks, how are families with more than one car being serviced. Mr. Froke indicated the developments was self -parked, it meets the city parking standards and there are also the required guest spots in the complex. He indicated that could further be explored design review. Mr. Froke also offered a stipulation units 35-40 to the west of the property could be single story Vice Chair Hirsch gave a summary of the facts of the development with Mr. Froke Commissioner Nowakowski commented on the domino effect of the approval of the development asked for clarification if approved would there be a loss of a characteristic of the neighborhood Mr. Gehlert indicated it would. Chairperson Crow with no further questions from the commissions open the floor to those who submitted speaker cards The Following residents spoke in opposition to the project siting unfavorable density, lack of adequate parking, change to the characteristic of the neighborhood, building height, increased traffic, emergency access roads, need for additional run off areas and precedence it could set. Ms. Bittner 7946 W. Vermont Ave Glendale Az 85303 Joe Barboza 5109 N 84th Ave Glendale AZ 85305 Adriana Barboza 5109 N 84th Ave Glendale AZ 85305 Eric Vanschoonhoven 5139 N 84th Drive Glendale AZ 85305 David Smetanick 5181 N 85th Ave Glendale AZ 85305 Philip Fuerts 5127 N 84th Drive Glendale AZ 85305 Martin Samaniego 8221 W. Orange Dr Glendale AZ 85305 Eric Thor 5171 N 84th Drive Glendale AZ 85305 Chairperson Crow Closed the public hearing and called for a Motion Vice Chair Hirsch motioned to approve GPA22-01 as written As there was no second the motion failed Mr. Gehlert mentioned additional stipulations and Ms. Perry offered explanation Vice Chair Hirsch indicated no further discussion was needed The commission had further discussion on alternatives, tabling, more neighborhood meetings Mr. Froke asked the item not be tabled but acted on by the commission Commissioner Nowakowski made a motion of denial for GPA 22-01 with the knowledge he would work with council, Commissioner Geurs second it Commisioner Cole explained his vote stating when presenting for a denial both sides of the application needs to be presented to the commission NAY: Chair Vern Crow Commissioner John Crow Commissioner Tom Cole Vice -Chair Gary Hirsch AYE: Commissioner Martin Nowakowski Commissioner John Geurs Motion Failed Chairperson Crow asked Atty Gruber if they could move to vote for the rezoning portion of the application Chief Deputy Atty Gruber stated it is not the norm to send something to the council with no recommendation which is what they have, which is actually a denial. He confirmed they could make a motion on the rezoning. Commissioner Crow made a motion to table the project and Commissioner Cole second the motion Chairperson Crow asked for any further discussion Commissioner Geurs asked how long to table it, it was stated that would be up to the applicant Chairperson Crow took a vote to table GPA22-01 and ZON22-01 AYE: Chair Vern Crow Commissioner John Crow Commissioner Tom Cole Commissioner Martin Nowakowski Commissioner John Geurs NAY: Vice -Chair Hirsch Mr. Gruber, Chief Deputy City Attorney, stated the commission recommended tabling the item. C. ZON22-03 Tanger PAD located south of Glendale Avenue and east of Loop 101 - A request by Alex Hayes with Withey Morris PLC., representing the Outlets at Westgate LLC., to rezone approximately 7.3 -acres from A-1 (Agricultural) to PAD (Planned Area Development). The site is located south of Glendale Avenue and east of the Loop 101 Freeway and is in the Yucca District. Mr. Edward Vigil presented staff presentation Chairperson Crow called for questions from the commission Commissioner Crow asked if Fire Safety approve the 0 setback on the back side Staff confirmed approval Commision Geurs asked to verify if property was agricultural or a parking lot and how was it used as parking if agricultural Mr. Vigil stated it is zoned agricultural, however has been used as overflow parking, and it is paved. Commissioner Cole asked if the lot was paved Mr. Vigil confirmed it is older pavement and previously owned by ADOT as a freeway right of way. Commissioner Geurs asked if it was part of superbowl parking previously Mr. Vigil said it could have been used Alex Hayes of Withey Morris spoke on behalf of the applicant Chairperson Crow asked for any questions Commissioner Geurs asked what kind of restaurants are being proposed Mr. Hayes indicated there would be sit down restaurants With no speaker cards or questions Chirperson Crow closed the public hearing Coimmissioner Nowakowski made a motion to approve ZON22-03 subject to the two stipulations, Commissioner Cole second AYE: Chair Vern Crow Vice -Chair Gary Hirsch Commissioner Tom Cole Commissioner John Crow Commissioner Martin Nowakowski Commissioner John Geurs PASSED Mr. Gruber, Chief Deputy City Attorney, stated these recommendations would be forwarded to the City Council for final action. 7. OTHER BUSINESS Chairperson Crow called for any other Business Ms. Perry indicated there was no other business 8. PLANNING STAFF REPORT a. Ms. Perry indicated the planning department has been actively working on the rewrite of the zoning ordnance, known now as Unified Development Code as it is moved forward it will be presented at a planning commission special workshop for a walk through and discussion of the document prior to presenting for a vote. Ms. Perry apologized to the commission for the second item on the agenda not proceeding as it should. Vice Chair Hirsch thanked Ms. Perry and offered an apology as well. He also gave an update on the meeting he had with Ms. Perry on training for the commission and urged all the commissioners to actively review the training memos as they are presented. 9. COMMISSION COMMENTS AND SUGGESTIONS Chairperson Crow updated on the great progress of Vice -Chair Ed Nyberg, and also thanked Vice -Chair Hirsch for spearheading the topics for training for the commission. 10. NEXT MEETING The next regular meeting of the Planning Commission is scheduled for May 26th 2022 at 6:00 p.m., in the Council Chambers located at 5850 W. Glendale Ave, Glendale, Arizona, 85301. 11. ADJOURNMENT Chairperson Crow called for a motion to adjourn Commissioner Cole made a motion to adjourn and Commissioner Geurs 2nd the motion All commissioners AYE the meeting was adjourned The Planning Commission meeting minutes of April 28th, 2022 were submitted and approved this 26th d of Ma 2022. /2;�� A I/L'isb Wilson Recording Secretary