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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 11/8/2022 (3)City of Glendale 5850 West Glendale Avenue Glendale, AZ 85309 COk &7 Glendale A R I Z O N A Meeting Minutes Tuesday, November 8, 2022 12:30 P.M. Workshop Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner CALL TO ORDER Mayor Weiers called the meeting to order at 12:30 p.m. ROLL CALL Present: Mayor Jerry Weiers Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Absent: Vice Mayor Jamie Aldama Also Present: Kevin Phelps, City Manager Michael Bailey, City Attorney Sheryl Rabin, Deputy City Clerk Vicki Rios, Assistant City Manager Jamsheed Mehta, Acting Assistant City Manager Vice Mayor Aldama arrived at 1:01 p.m. WORKSHOP SESSION 1. PRESENTATION REGARDING THE UNIFIED DEVELOPMENT CODE (UDC) Presented by: Tabitha Perry, Planning Manager Matthew Klyszeiko, Michael Baker International, Inc. Ms. Rabin read the item by title. Ms. Perry said the presentation was the second update on the United Development Code (UDC). It was previously discussed at a workshop on April 26, 2022. The goal was to provide an update on proposed component changes and citizen participation feedback. Mr. Klyszeiko provided a high-level update on the citizen participation feedback received and the following sections: Neighborhood Notification Requirements Planned Residential Development (PRD) Accessory Uses Tiny Homes Recreational Marijuana Parking Temporary Signs and Murals Group Homes Good Neighbor Policy Councilmember Tolmachoff asked if the notification zone of 750 feet for the City of Scottsdale, was regardless of the size of the property. Mr. Klyszeiko said it applied to rezoning and General Plan Amendment applications. City Council Meeting Minutes - November 8, 2022 Page 2 of 12 Councilmember Tolmachoff asked if conditional use permits would be comparable to other cities. Mr. Klyszeiko said generally, conditional use permits had a smaller footprint for a notification area but with Council direction, it could be changed. Councilmember Tolmachoff suggested a review of conditional use permits for drive-thrus close to residential neighborhoods. Councilmember Clark asked if the 300 -foot notification distance was a state requirement. Mr. Klyszeiko said the 300 feet was a baseline for communities to use. Councilmember Clark asked if there was consideration to use adjacent neighborhoods rather than a distance requirement. Mr. Klyszeiko explained what the typical expectation was for notification areas within neighborhoods. Councilmember Clark hoped notifying an entire neighborhood would be considered. Councilmember Tolmachoff said a distance overlay within the notification requirement should still be included. Mr. Klyszeiko said his understanding was to notify a homeowners association (HOA) or designated point of contact for the neighborhood. Councilmember Clark said the cost to notify an adjacent neighborhood would be inconsequential to the cost of a new development. Mayor Weiers suggested an electronic notification of the area with a distance requirement. Councilmember Tolmachoff said signs also needed to be posted. Mr. Klyszeiko said staff would utilize the feedback in determining the notification requirements. Councilmember Clark was not in favor of including suburban residents in a Planned Residential Development (PRD). If a PRD was done through an administrative review process, a full report should be given to the Planning Commission and the City Council. Councilmember Turner had reservations on having a PRD done strictly through an administrative process. If the process was too streamlined, developers would use that option without Council or Planning Commission oversight. Mr. Klyszeiko explained how development standards could have specifications which triggered an additional review for a PRD. Councilmember Turner did not support changing the PRD process. Mr. Phelps said the current administrative review process was capped at 10% to allow for development adjustments. He said the administrative cap would remain in place and anything above the 10% would be reviewed as normal. Councilmember Clark agreed with Councilmember Turner and said it was important that City Council Meeting Minutes - November 8, 2022 Page 3 of 12 citizens weighed in on projects, which was what the Planning Commission did. She asked for clarification on lot size width. Mr. Klyszeiko said small single-family detached lots could be adjusted by five feet, but not less than forty feet. Vice Mayor Aldama arrived at the meeting. Councilmember Clark preferred for oversight to be done by the Planning Commission and Council. Councilmember Turner requested clarification on the universal additional setback of two feet. He asked if a setback was at seven feet, it would be two feet taller for every foot of height. Mr. Klyszeiko said that was correct. Councilmember Malnar asked if storage sheds were eliminated or moved. Mr. Klyszeiko said storage sheds were part of the moveable structure standards. Councilmember Malnar asked if storage containers were addressed. Mr. Klyszeiko said there was language relative to cargo containers, although they were not strictly regulated. Councilmember Malnar requested containers be addressed within the Code. Mr. Klyszeiko said the cargo container language within the draft Code limited the containers to the Al zoning district. Councilmember Tolmachoff asked what the difference was between a tiny home and a casita. Mr. Klyszeiko said the difference was based on accessory use. Councilmember Tolmachoff asked if a tiny home had a full kitchen. Mr. Klyszeiko said that was correct. Councilmember Tolmachoff requested clarification on why a full kitchen was allowed in a tiny home but not a casita. Mr. Klyszeiko said there were several variations of attached and detached accessory dwelling units. He said with Council direction, the language could be unified or changed. Councilmember Tolmachoff said the language was unclear for attached and detached dwelling units. She favored using full kitchens. She recalled a time limit when occupying an accessory dwelling unit. Ms. Perry confirmed that a time limit was still in effect. Individuals living in a dwelling longer than 90 to 120 days, would require an approved conditional use permit. Mayor Weiers said a full size kitchen would be safer and suggested a specific square footage to differentiate a casita and tiny home for clarity. City Council Meeting Minutes - November 8, 2022 Page 4 of 12 Councilmember Clark favored keeping tiny homes or casitas as an accessory dwelling use and requiring a conditional use permit for extended periods of use. She did not want tiny homes to be an individual dwelling. She agreed with allowing full size kitchens in casitas. Councilmember Malnar agreed to a full kitchen in accessory dwelling units and keeping tiny homes as an accessory unit. Councilmember Turner agreed to a full kitchen in the units. He asked if tiny homes and tiny houses were the same. Mr. Klyszeiko said that was correct. Councilmember Turner asked that one term be used consistently. He favored the use of off-site or manufactured construction for dwellings. He did not want to allow a mobile unit to be delivered on a travel trailer and mobility still be possible. Mr. Klyszeiko said for a mobile home it would be stationary as opposed to "mobile" or a recreational vehicle. Councilmember Turner said any auxiliary unit was dictated by the footprint of the principal dwelling or living quarters. Mr. Klyszeiko said that was correct, with the exception of large lot zoning districts. Councilmember Turner was uncomfortable with allowing 100% of the principal footprint and allowing 50% or less for accessory dwelling units. He favored incorporating tiny homes or accessory dwelling units into the Code as a viable living option. Vice Mayor Aldama asked how easy it was for an individual to obtain a medical marijuana card. Mr. Klyszeiko said there were strict regulations to obtaining a medical marijuana card. Vice Mayor Aldama clarified how easy was it for an individual to purchase medical marijuana. Mr. Klyszeiko explained after obtaining a medical marijuana ID, an individual would go to a medical marijuana dispensary. Vice Mayor Aldama said if recreational facilities were not allowed, would medical marijuana essentially be used recreationally. Mr. Klyszeiko said communities had regulations for medical marijuana facilities and allowed those facilities to distribute recreational marijuana rather than allow additional distributors. He said it would not be known if a facility distributed one or both. Vice Mayor Aldama asked if most communities did not allow stand alone recreational sales, only medical. Mr. Klyszeiko said of the benchmark cities, most did limit sales to dual -licensed facilities. Councilmember Tolmachoff asked if dispensaries in Glendale were dual licensed. Ms. Perry said there were no applications for recreational dispensaries only. She said there may be dual establishments, but staff anticipated to address the recreational component within the UDC. City Council Meeting Minutes - November 8, 2022 Page 5 of 12 Councilmember Tolmachoff did not think it was necessary to differentiate medical or recreational dispensaries as long as other zoning requirements were met. Councilmember Turner said as long as the same regulations were used, it was not appropriate for a dispensary to be dual licensed. Councilmember Malnar was in favor of prohibiting stand-alone marijuana establishments. He asked if existing medical marijuana establishments had priority in obtaining a dual license. Mr. Klyszeiko recalled there were 140 medical establishments in the state and almost all of them were given dual licenses for recreational. Councilmember Malnar asked how many additional licenses were available. Mr. Klyszeiko did not have that information available. Councilmember Malnar was in favor of moving forward with the recommended language. Mayor Weiers asked if the item could be discussed further at a future meeting. Mr. Klyszeiko confirmed a discussion could be done separately. Vice Mayor Aldama requested data on crime statistics within Glendale and neighboring City facilities. Councilmember Turner asked if handicap parking was adjusted in the right sizing ratio study for parking. Mr. Klyszeiko said the handicap ratio requirement was not specifically reviewed. Councilmember Turner commented on the number of handicap parking spaces at businesses versus big box stores. He said it might need to be reviewed by Council. Councilmember Tolmachoff asked if the Code indicated the number of parking spaces that a parking lot could be reduced by based on specific factors. Mr. Klyszeiko said that it did. Councilmember Tolmachoff asked if the frequency of use of parking spaces was factored into the number of required parking spaces. Mr. Klyszeiko said that was correct. Mayor Weiers asked if temporary murals were addressed in the Temporary Signage Code. Mr. Klyszeiko said there was no language regarding temporary murals. Vice Mayor Aldama asked if the Code was specific to commercial businesses or did it include residential. Mr. Klyszeiko said the language was designed for commercial or non-residential properties. However, HOAs might have their own regulations in residential areas. City Council Meeting Minutes - November 8, 2022 Page 6 of 12 Vice Mayor Aldama said the mural content could not be enforced on private property. Mr. Klyszeiko said that was correct. Councilmember Turner asked if the definition of temporary signage associated with certain events was kept. Mr. Klyszeiko said there were specific provisions based on the signage type. Councilmember Turner asked if regulations for business advertising signs such as the feather type and falling man were kept. Mr. Klyszeiko said there were additional regulations on that type of signage. Councilmember Turner suggested addressing the issue of electronic signs at commercial locations for advertising purposes. Councilmember Clark expected due diligence and code enforcement on regulating temporary signs. Councilmember Turner suggested clarifying the number of persons in a group home and residential care home. He was concerned with a bedroom within a single-family home being used without proper licensing. He requested clarifying the use of the word "care" in the definition, which should be used to describe the services of the home being licensed. Councilmember Tolmachoff was in favor of differentiating each type of home in the Code and discussing further at a future date. Mayor Weiers confirmed consensus for further discussion of group homes at a future meeting. Councilmember Tolmachoff asked if the good neighbor policy applied to City -owned property only. Mr. Klyszeiko said that was correct. Councilmember Tolmachoff asked if the administrative process required notification Mr. Klyszeiko said under the administrative review process, there would be a notification process. Councilmember Tolmachoff preferred requiring a conditional use permit process. Councilmember Clark requested a discussion on the decision-making power of the Planning Director at the next follow-up meeting. 2. PRESENTATION REGARDING SPLASH PAD OPERATIONS Presented by: Jim Burke, Director, Public Facilities, Recreation, and Special Events City Council Meeting Minutes - November 8, 2022 Page 7 of 12 Ms. Rabin read the item by title. Mr. Burke presented a detailed overview of splash pad operations since approval of the 2021 Parks Master Plan. He requested direction on how to proceed with operations and presented three options. Councilmember Tolmachoff asked how much water was used at a splash pad. Mr. Burke said about 2.2 million gallons of water was used at Heroes Park annually for the recirculating system. Councilmember Tolmachoff asked how much was used in the direct -to -drain system. Mr. Burke said it was approximately 3 million gallons annually. Vice Mayor Aldama asked for clarification on full scale and small scale. Mr. Burke said a full-scale splash pad was similar to the one at O'Neil Park and a small-scale splash pad was similar to the one at Sycamore Park. Councilmember Tolmachoff asked if splash pads north of the canal used Central Arizona Project (CAP) water. Mr. Burke was not able to specify whether the water was from the CAP. Councilmember Tolmachoff asked if the funds used for the project needed to be spent by December 2024. Mr. Burke said the funds needed to be committed by December 2024 and spent by December 2026. Councilmember Tolmachoff suggested a hybrid model but was not in favor of making a decision on the project until more information was received regarding Colorado River water. Councilmember Malnar asked if no one was using a splash pad, it would not be using water. Mr. Burke said that was correct. Councilmember Malnar recommended to hold off on additional splash pads until there was a better projection on water usage. Councilmember Clark requested data on the exact usage of water that was recirculated and directly down the drain. She was in favor of renovating existing splash pads rather than adding new ones until more information was received. Mayor Weiers requested adding swimming pool comparisons to the data. He was concerned about putting a project on hold when it already had the required funding allocated. Vice Mayor Aldama was in favor of moving forward with splash pad operations. Councilmember Malnar provided suggestions he had received from residents for park amenities. The funds could be reprogrammed on a park -by -park basis for improvements. Councilmember Turner was concerned about water usage throughout parks. He did not want to City Council Meeting Minutes - November 8, 2022 Page 8 of 12 stop progress on the Sahuaro Ranch Park splash pad. It was a regional park and did not strain resources because it used Salt River water. 3. PRESENTATION REGARDING CITY CODE CHAPTER 24 REVISIONS Presented by: Rick St. John, Deputy City Manager Ms. Rabin read the item by title. Mr. St. John requested Council consensus on two revisions to Chapter 24 of the City Code regarding lot size distinction. On June 22, 2021, Council approved adjusting the distinction from 12,000 square feet (sq/ft) to 8,000 sq/ft. Code Enforcement believed the distinction needed to be adjusted back to 12,000 sq/ft. It had tract home lots well over 8,000 sq/ft and 2,000 sq/ft was consistent with other sections of the Code Councilmember Malnar asked how the City would move forward with residents that would no longer be in compliance. Mr. St. John said there were provisions in the UDC, which allowed the Planning Administrator to make decisions to seek relief or variance. Councilmember Malnar asked if there should be two sets of parameters for old housing and new housing that would be built. Mr. St. John said there was language within the Zoning Ordinance which stated, in areas of conflict, the ordinance prevailed. The language could cause conflict on enforcement with two different levels within the same Code. Mayor Weiers confirmed Council consensus to move forward. Mr. St. John was also seeking consensus on an amendment to the maximum width of a driveway. The proposed change would take the measurement from the front property line instead of the front setback. Mayor Weiers confirmed Council consensus to move forward. 4. C0- 1 IA, 1111- 11E=QF 5DrCIA1- 1A�IT E= R EST nn�R QT =NIT I.A.1- -R rerll IrTIQNI QR G1 -T5.4 1AIA�1 OF TWE GITV'S TDAAICACTIGNI 12RIVII RGE RAY (TDT/SAI =S TAY) r1N FOOD C(11? I-If111A� Presented by: Vicki Rios, Assistant City Manager The item was removed from the agenda. 5. PROPOSITION 400 EXTENSION UPDATE Presented by: Shahid Abbas, Transportation Director Ms. Rabin read the item by title. Mr. Abbas provided a brief update on the Proposition 400 Extension. Mayor Weiers requested Ryan Lee, Intergovernmental Program Manager, to provide a legislative update on the tactics used on the proposal. City Council Meeting Minutes - November 8, 2022 Page 9 of 12 Mr. Lee provided an update on discussions held within the Legislature and the desire to hold a special meeting on the subject. He provided an anticipated plan that would be shared at the meeting if it was called by Governor Ducey. The direction of discussions might change depending on the election results. Mayor Weiers said it was a difficult situation. Councilmember Tolmachoff said, no matter the decision of the Governor, the matter would go to the voters for final approval. CITY MANAGER'S REPORT Mr. Phelps announced the Glendale Housing Authority received an award letter from the Department of Housing and Urban Development (HUD) and the Department of Veteran's Affairs for supported housing vouchers. The vouchers would be used to provide housing for up to twenty veteran households in the community. Council action to accept the funding would be required at a future meeting. Mr. Phelps said the Simple Machine Brewing Company had become the first tenant of the Gaslight Inn. It planned to open prior to the Super Bowl and renovate the adjoining space for additional seating and a music venue. Mr. Phelps had received correspondence from Yam Properties and representatives from the Renaissance Hotel, formally requesting Council consideration on changing the name of Coyotes Boulevard. The item would be brought for discussion at a future workshop. Mr. Phelps said the City was notified by legal counsel for the Chicago White Sox, that the team would be preparing legal action against the City to resolve a dispute at Camelback Ranch. He anticipated the Los Angeles Dodgers would be part of the legal proceedings. Mr. Phelps introduced the new Glendale Airport Administrator, Matthew Smith. Mr. Phelps congratulated everyone on making it through the election cycle. CITY ATTORNEY'S REPORT No Report COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Tolmachoff requested a discussion regarding Getting Arizona Involved in Neighborhoods (GAIN) night in Glendale. Councilmember Clark supported Councilmember Tolmachoffs item of special interest. Councilmember Malnar supported Councilmember Tolmachoffs item of special interest. Mr. Phelps said staff was planning to move back to the GAIN model. He said an update would be shared during budget discussions to implement next fall. Councilmember Turner supported a discussion on GAIN night. City Council Meeting Minutes - November 8, 2022 Page 10 of 12 Councilmember Turner requested a discussion on developing a policy for tiny homes. Councilmember Turner requested an update on the Glen Lakes remainder parcel and its eventual sale. Mayor Weiers looked forward to reestablishing GAIN night. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Vice Mayor Jamie Aldama, seconded by Councilmember Ian Hugh to hold an executive session. AYE: Mayor Jerry Weiers Vice Mayor Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed EXECUTIVE SESSION Council met in executive session at 3:16 p.m. for: . Discussion/consultation with the City Attorney to receive an update, to consider its position, and to provide instruction/direction to the City Attorney regarding Glendale's position in connection with a contract relating to property in the area of 58th Avenue and Glenn Drive pursuant to A.R.S. §§ 38-431.03 (A)(3)(4)(7) . Discussion and consultation with the City Attorney and City Manager to receive an update, consider its position and provide instruction and direction to the City Attorney and City Manager regarding Glendale's position in connection with agreements associated with the Glendale Chamber of Commerce pursuant to A.R.S. § 38-431.03(A)(3)(4) . Discussion and consultation with the City Attorney and City Manager to receive an update, consider its position and provide instruction and direction to the City Attorney and City Manager regarding Glendale's position in connection with agreements associated with the Arena pursuant to A.R.S. § 38-431.03(A)(3)(4)(7) A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Ian Hugh to adjourn the executive session. AYE: Mayor Jerry Weiers Vice Mayor Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner City Council Meeting Minutes - November 8, 2022 Page 11 of 12 Passed Mayor Weiers adjourned the executive session at 4:19 p.m. ADJOURNMENT Mayor Weiers adjourned the meeting at 4:19 p.m. hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Glendale City Council of Glendale, Arizona, held on the 8th day of November, 2022. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 17th day of November, 2022. Juli . Bower, MMC, City Clerk City Council Meeting Minutes - November 8, 2022 Page 12 of 12