Planning and Zoning Commission

Chairman Vice- Secretary Member Member Member Member Alternate Jeff Nelson Chairman Bryan Shawn Linda Grice Clay Allsop Joanna Member Jay Otlewski Patterson Hutchinson Conde Tony Feiter Planning and Zoning Commission Meeting Notice & Agenda Thursday, November 7, 2019 City Council Chamber 8401 West Monroe Street Peoria, AZ 85345 Regular Meeting 6:30 PM Convene Roll Call Opening Statement Final Call to Submit Speaker Request Forms Consent Agenda CONSENT AGENDA: All items listed on the Consent Agenda are considered to be routine or have been previously reviewed by the Commission, and will be enacted by one motion. There will be no separate discussion of these items unless a Commission member so requests; in which event the item will be removed from the General Order of Business, and considered in its normal sequence on the Agenda. Consent 1 C Disposition of Absence Discussion and possible action to approve/excuse the absences of Commissioners Shawn Hutchinson and Joanna Conde from the Planning and Zoning Commission meeting held on October 17, 2019. 2 C Minutes Discussion and possible action to approve the minutes of the Planning and Zoning Commission meeting held on October 17, 2019.  3 C Washington Event Center: Conditional Use Permit (CU19-10) A request to obtain a conditional use permit to allow a wedding and reception center within the existing building at 8291 W. Washington Street. Regular Agenda REGULAR AGENDA: All items listed on the Regular Agenda are considered public hearing items subject to separate discussion and action by the Commission unless indicated otherwise by the Commission Chair or by the agenda item description. The order in which the following items are heard may be altered at the discretion of the Commission Chair. New Business 4 R Project Update Staff will provide an update on ongoing efforts, and upcoming projects and events within the City, which include: strategic planning, zoning code amendments, process improvements, and scheduled annual events. This item is for discussion only, no action will be taken at this time. Call To The Public (Non-Agenda Items) Your comments pertaining to the Planning and Zoning Commission business are welcome. However, if you wish to address the Planning and Zoning Commission, please complete a Speaker Request Form and return it to the clerk before the call to order for this meeting. Boards and Commissions are not authorized by state law to discuss or take action on any issue raised by public comment until a later meeting. Reports from Staff 5 R Reports Planning and Zoning Commission Updates and Report of Current Events: Planning and Zoning Commission members will give updates on relevant events and activities they have attended since the last meeting. These items are for information only - no action will be taken. Adjournment NOTE: Documentation (if any) for items listed on the Agenda is available for public inspection, a minimum of 24 hours prior to the Board/Commission Meeting, at any time during regular business hours in the Office of the City Clerk, 8401 W. Monroe Street, Room 150, Peoria, AZ 85345. Accommodations for Individuals with Disabilities. Alternative format materials, sign language interpretation and assistive listening devices are available upon 72 hours advance notice through the Office of the City Clerk, 8401 West Monroe Street, Peoria, Arizona 85345 - Phone: (623) 773-7340 or FAX (623) 773-7304. To the extent possible, additional reasonable accommodations will be made available within the time constraints of the request. The City has a TDD line where accommodations may be requested at: (623) 773-7221. Public Notice In addition to the Board/Commission members noted above, one or more members of the Peoria City Council or various other Boards and Commissions may be present to observe this meeting as noticed on this agenda. Planning and zoning commission meetings can be viewed live on Channel 11 (Cox Cable) and are available for viewing on demand at https://www.peoriaaz.gov/government/departments/planning-and-community-development/planning-and- zoning-videos.  PLANNING AND ZONING COMMISSION REPORT Meeting November 7, 2019 Date: Agenda Item: 2C Case Name: Minutes General Application Information ATTACHMENTS: Description PZ draft minutes 10-17-19  PLANNING AND ZONING COMMISSION MINUTES CITY OF PEORIA, ARIZONA COUNCIL CHAMBERS OCTOBER 17, 2019 A Meeting of the Planning and Zoning Commission of the City of Peoria, Arizona, convened at 8401 W. Monroe Street, Peoria, AZ in open and public session at 6:30 p.m. Members Present: Chair Jeff Nelson, Vice-Chair Jay Otlewski, Secretary Bryan Patterson, Commissioner Clay Allsop, Commissioner Linda Grice and Alternate Commissioner Tony Feiter Members Absent: Commissioner Joanna Conde and Commissioner Shawn Hutchinson Others Present: Chris Jacques – Planning Director, Lorie Dever – Planning Manager, Cody Gleason – Principal Planner, Amanda Beck – Planner and Della Ernest – Executive Assistant ______________________________________________________________________ Opening Statement: The Opening Statement was read by Chair Nelson. Call for speaker request forms. Audience: 6 Note: The order in which items appear in the minutes is not necessarily the order in which they were discussed in the meeting. CONSENT AGENDA All items listed with a “C” are considered to be routine by the Planning and Zoning Commission, and were enacted by one motion. 1C Minutes Discussion and possible action to approve the minutes of the Planning and Zoning Commission meeting held on October 3, 2019. COMMISSION ACTION: Vice-Chair Otlewski moved to approve the Consent Agenda as presented. The motion was seconded by Secretary Patterson and upon vote, passed 4-0. REGULAR AGENDA Commissioner Allsop arrived at the meeting. UNFINISHED BUSINESS 1 2R Administrative Relief: Zoning Text Amendment (TA19-02) A request to consider a city-initiated text amendment to Section 21-102 “Conflicting Regulations” and Section 21-324 known as “Administrative Relief” of the Zoning Ordinance. The staff report was presented by Ms. Amanda Beck, Planner. COMMISSION COMMENTS: Vice-Chair Otlewski asked how many variances have been brought to the city. Ms. Beck stated the City has received about 122 applications over a span of 30 years. Several were withdrawn and one is currently in limbo pending the outcome of this text amendment. Commissioner Allsop asked if there was a conflict between a plat and the zoning. Would the zoning always prevail and can the text amendment in any way restrict the ability for the homeowner to use their property. Mr. Jacques confirmed the zoning will always prevail. Without the text amendment, homeowners in certain subdivisions are restricted and need to ask for an administrative relief to develop their lot in accordance with the underlying zoning. Secretary Patterson asked if staff presented the proposed changes to the Board of Adjustment. Mr. Jacques stated that the process to consider changes to the code is to bring it before the Planning & Zoning Commission which then advises the City Council through a recommendation. The change would then bring the Board of Adjustment back to what their charge really is, which is to consider variances and appeals of interpretations from the Planning Director. Commissioner Feiter asked if the text amendment is affecting HOA’s rights. Mr. Jacques stated that the proposed amendment does not change zoning or alter existing CC&R’s. PUBLIC COMMENTS: Mr. Steve Howell, a resident of Citrus Gardens spoke in favor of the text amendment. COMMISSION ACTION: Secretary Patterson moved to approve item 2R TA19-02 as presented. The motion was seconded by Vice-Chair Otlewski and upon vote, passed 5-0. NEW BUSINESS 2 3R 2019 Major General Plan Amendment: PlanPeoriaAz General Plan (GPA19-03) A city-initiated major amendment to the General Plan to comprehensively update the Peoria General Plan in preparation for voter ratification in the fall of 2020 and to ensure the plan remains consistent with overarching goals of the City. The staff report was presented by Ms. Lorie Dever, Planning Manager. COMMISSION COMMENTS: Commissioner Allsop asked if the zoning changes from landowner’s current zoning is changed by the update, do they have the option to be grandfathered to maintain what they were previously when they purchased the property. Ms. Dever stated the general plan update does not change existing zoning. Rather the request is to modify the land use designation which then impacts any future request for a rezone. In no way does it impact existing zoning. Secretary Patterson commented that major updates particularly in a high growth area like Peoria can be controversial and the fact that we aren’t seeing any controversy in one of our public hearing really says a lot about the staff outreach and responsiveness to the stakeholders. Great job Vice-Chair Otlewski commented that this has been a long process and it’s been fun to watch. It is an amazing plan and looks forward to seeing it come to fruition. Chair Nelson commented that growth is coming to this city whether we like it or not and you have to plan for it in a smart, thoughtful manner and this plan does that. Hats off to staff, Ms. Dever, the team, and special thanks to business owners, residents and property owners who have contributed to the process providing their feedback. COMMISSION ACTION: Vice-Chair Otlewski moved to approve item 3R with the updated future land use map. The motion was seconded by Commissioner Allsop and upon vote, passed 5-0. 4R Project Update: Census 2020 Staff briefing and possible discussion regarding the City’s efforts to work closely with the Census Bureau and its regional partners at MAG to promote the upcoming census. COMMISSION COMMENTS: Chair Nelson asked how the Commission can help the city ensure thorough participation. Mr. Jacques stated assistance can be provided by participating on the City’s Complete Count Committee and by helping to inform the public through various community interactions. CALL TO THE PUBLIC ON NON-AGENDA ITEMS: None 3 5R Reports from Staff A. Upcoming Commission Meeting Dates November 7th meeting will be held in City Council Chambers and November 21st is canceled. PLANNING AND ZONING COMMISSION UPDATES AND REPORT OF CURRENT EVENTS: None ADJOURNMENT: There being no further business to come before the Planning and Zoning Commission, the meeting adjourned at 7:46pm. ____________________________ _________________________ Jeff Nelson, Chair Submitted by Della Ernest ____________________________ _________________________ Date Date 4  PLANNING AND ZONING COMMISSION REPORT Meeting November 7, 2019 Date: Agenda Item: 3C Case Name: Washington Event Center: Conditional Use Permit (CU19- 10) General Application Information Proposal: A request to obtain a conditional use permit to allow a wedding and reception center within the existing building at 8291 W. Washington Street. Location: 8291 W. Washington Street Project Acreage: .08 acres Applicant: Philip Reina Recommendations: Approve Case CU19-10, subject to the Conditions of Approval identified in Exhibit 1 of the staff report. ATTACHMENTS: Description Staff Report Exhibit 1 - Conditions of Approval Exhibit 2 - Vicinity Map Exhibit 3 - Context Map Exhibit 4 - Applicant Project Narrative Exhibit 5 - Floorplan Exhibit 6 - Zoning Map  PLANNING AND ZONING COMMISSION STAFF REPORT Date November 7, 2019 To Planning and Zoning Commission From Amanda Beck Planner Subject Washington Event Center A proposed wedding and reception located at 8291 W. Washington Street. PROPOSAL The applicant is requesting a Conditional Use Permit (CUP) to allow a wedding and reception center within an existing suite located at 8291 W. Washington Street. APPLICATION INFORMATION Case Number Conditional Use Permit (CU19-10) Applicant Philip Reina, of Reina Design Studio, on behalf of Maria Del Carmen Ledezma Request(s) 1. Approve a Conditional Use Permit (CUP) to allow a wedding and reception center within an existing suite located at 8291 W. Washington Street. LOCATION AND CONTEXT SUBJECT SITE The subject site is located at 8291 W. Washington Street, at the southwest corner of Washington Street and the Grand Avenue frontage road as shown in Exhibit 2 and Exhibit 3. The suite is situated within a multi-tenant building located within Old Town Peoria. Existing tenants include the Biker’s Edge Cycling, Carniceria Sonora, Awards by C&L, and AZ Party Decor. The subject suite is the former Ideal Jeweler’s location. CONTEXT West of the subject building across 83rd Avenue is the landmark Hood Building, which houses Iron Key Studios. Further west is the Fire Station No. 1 building occupied by Lucidi Distilling Co. To the north and east of the subject site is Osuna Park and the intersection of Grand Avenue and 1  WASHINGTON EVENT CENTER CU19-10 83rd Avenue. South of the subject site are several other Old Town Peoria buildings such as Napa Auto Parts and the Locksmith Shop, as well as Wilhelm Auto. APPLICANT’S PROPOSAL The applicant is requesting a Conditional Use Permit (CUP) to operate a wedding and reception center within the existing 1,625 square foot suite. Improvements to the suite would include adding two new bathrooms and removing the existing internal walls to open up the suite for guests. Based on the initial building code analysis, the projected maximum occupancy would be seventy-seven (77) guests. Events would utilize catered food, which would be delivered to the site for each event. The typical hours of operation would be daily from 9:00 a.m. to 9:00 p.m., and actual utilization of the space and number of occupants would be dependent on the specific event. Should a guest wish to rent the center outside of these hours of operation, the event may be permitted subject to receiving an approval of a Temporary Use Permit as discussed in more detail below. Parking is not required to be provided on-site for businesses within the Old Town area; however, staff parking will be within the existing outdoor court area along the south of the building. Guests of the event center would utilize on-street parking within the surrounding area. The proposal is described in more detail within the Project Narrative and submitted Floorplan (Exhibits 4 and 5). DEVELOPMENT INFORMATION Existing Use: Vacant Suite Proposed Use: Wedding and Reception Center Suite Size: 1,625 square feet Hours of Operation: 9:00 a.m. to 9:00 p.m. Parking: None required. Staff will park within courtyard areas. Guests will use on-street parking. STAFF ANALYSIS ZONING The zoning designation is Core Commercial Mixed-Use (CCM), which is within the overarching Old Town Mixed-Use Overlay (OTMU) as shown in Exhibit 6. ZONING HISTORY The Old Town Mixed-Use (OTMU) Districts were established by the City Council in April 2004 (Ord. 04-19), and intended to facilitate the revitalization of Old Town Peoria by encouraging a mixture of appropriate uses, which promote pedestrian activities and create economic niches within the designated area. In this manner, the OTMU Districts, Core Commercial Mixed Use (CCM) and Core Residential Mixed Use (CRM) are some of the City’s implementation 2  WASHINGTON EVENT CENTER CU19-10 mechanisms to achieve the goals and policies set forth in the Central Peoria Revitalization Plan and the Peoria General Plan. ANALYSIS The site is located within the Core Commercial Mixed Use (CCM) Zoning District. Wedding and reception centers are conditionally permitted uses within the OTMU District, as listed in Table 21- 622. Additionally, this land use is subject to Section 21-505, Limitations on Use as discussed below. KEY FINDINGS 1. The proposed use is permitted within the CCM Zoning District, subject to receiving a Conditional Use Permit and complying with the Limitations on Uses as defined in Section 21-505.C.4. CONDITIONAL USE PERMIT The purpose of the Conditional Use Permit requirement is to ensure compatibility with the surrounding area, and that the use is not injurious to the health, safety, and general welfare of the community. ANALYSIS REVIEW CRITERIA Section 21-321 of the Peoria Zoning Ordinance outlines the applicable criteria for evaluating Conditional Use Permits. The Planning and Community Development Department shall review applications and make a recommendation for approval or denial to the Planning and Zoning Commission based on the following criteria: 1. Whether the use is designated as a permitted Conditional Use within the zoning district in which the property is located. 2. Whether the use meets the locational and development standards provisions, as applicable for the Conditional Use Permit, for the zoning district in which the property is located. 3. Whether the use is consistent with the goals, policies, and intent of the General Plan and any adopted Specific Plan applicable to the site where the proposed use is located. 4. Whether the use is consistent with documentation and recommendations provided by reviewing City Departments. 5. Whether the use complies with all applicable City Codes, standards, and guidelines governing such use. 3  WASHINGTON EVENT CENTER CU19-10 6. Whether the use will be materially detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the property, to the neighborhood, or to the public welfare; or if the use will unreasonably interfere with the use and enjoyment of nearby properties. Consideration shall include, but not be limited to the following factors: a. Damage or nuisance arising from noise, smoke, odor, dust, vibration, or illumination; b. Impact on surrounding areas resulting from an unusual volume or character of traffic; c. Ingress and egress to the property and proposed structures; d. Pedestrian and vehicular circulation with particular reference to fire protection; e. Parking and loading; and f. Impact on public services, including schools, utilities, and recreation. 7. The Planning Manager shall not approve or recommend approval of any Conditional Use Permit unless the Department has received a Waiver of Proposition 207 from the Owner(s) of the property that is the subject of the Conditional Use Permit or has determined that the absence of such a Waiver of Proposition 207 is consistent with the City’s General Plan and zoning goals and regulations. SPECIAL LIMITATIONS Section 21-505.C.4 of the Peoria Zoning Ordinance identifies special limitations for a wedding and reception center. Note: staff responses to those special limitations as they apply to the subject site are identified in italics: 1. Maximum building height shall be thirty (30) feet or two (2) stories, whichever is greater. The proposed use will occupy a suite within an existing one story building, which is less than thirty (30) feet. There are no proposed additions to the suite at this time, and the proposed use meets this criteria. 2. Outdoor events between the hours of 10:00 p.m. and 7:00 a.m. shall require a temporary use permit. The typical hours of operation are expected to be from 9:00am to 9:00pm; however, there may be times where an event is expected to either begin or end beyond the stated timeframe. In those instances where the timeframe exceeds 10:00pm, the applicant will be required to obtain a temporary use permit, in accordance with the Zoning Ordinance. APPLICABILITY The intent of the OTMU zoning district is to create an urban center where people live, work, and entertain. This requires a balance of land uses that promote pedestrian activities throughout the day and evening. Staff believes the proposed event center use is in keeping with the surrounding mixed-use character envision within the Old Town area, and in particular would provide an additional entertainment and activity venue within the core downtown area. 4  WASHINGTON EVENT CENTER CU19-10 Given the maximum occupancy noted in the applicant’s narrative, it could be seen as a moderately intense use if the center was regularly rented at full capacity. However, events are expected to vary in size, time of day, and duration. Additionally, there are no minimum parking requirement within the OTMU district. Thus, this suite relies on existing street parking within the immediate area like other businesses within downtown. When larger events are held, this venue, like others in the immediate area, can also direct patrons to utilize surface parking lots within the surrounding area. Should any issues arise regarding the operation of the reception center, Section 21-321.I provides the Planning Manager with continuing jurisdiction over all Conditional Use Permits. This means that the Planning Manager may recommend to the Planning and Zoning Commission that a permit may be revoked, modified, or suspended should any of the following occur: 1. The permit was obtained by fraud or misrepresentation; 2. The use authorized by the permit has been exercised in violation of the conditions of its approval; 3. A change in circumstances consisting of any of the following has occurred: a. Impacts from the approved conditional use to neighboring properties. b. Changes in aesthetic or environmental impacts such as noise, odors, or pollution. 4. The use authorized by the permit has been exercised in a manner that is detrimental to the public health, safety, or welfare of the community or in a manner that constitutes a nuisance to neighboring property owners, adjacent neighborhoods, or the City. COMMUNITY INVOLVEMENT Public Noticing The application was properly noticed pursuant to Section 21-315 of the Peoria Zoning Ordinance, which includes notification to all property owners within 600 feet of the site and registered HOAs within one (1) mile, posting of a sign on the site, and placing an ad in the Peoria Times at least 15 days prior to the Public Hearing. Support / Opposition At the time of this writing, Staff has not received any support or opposition to this proposal. KEY FINDINGS 1. The proposal meets the Conditional Use Permit standards and meets the above referenced special limitations as identified within the Section 21-505.C.4 of the Zoning Ordinance; 2. When operated in accordance with the recommended conditions of approval, the use is not expected to disrupt other nearby uses and is consistent with the mixed-use character of the Old Town Mixed-Use District; and 3. The applicant/owner has submitted a signed and notarized Proposition 207 waiver, which will be recorded with the conditions outlined in Exhibit 1. 5  WASHINGTON EVENT CENTER CU19-10 PROPOSITION 207 The voters of Arizona approved Proposition 207, which among other things requires municipalities to compensate property owners for actions which have the effect of diminishing the value of property. The City Attorney’s Office has drafted an agreement which waives the applicant’s rights to future Proposition 207 claims against the City. Accordingly, the applicant has furnished a signed and notarized Proposition 207 Waiver. RECOMMENDATION Staff recommends that the Planning and Zoning Commission take the following action: Approve the applicant’s request for a Conditional Use Permit under Case CU19-10, subject to the attached Conditions of Approval. STAFF CONTACT Amanda Beck Planner 623-773-7128 amanda.beck@peoriaaz.gov 6  CU19-10: Washington Event Center 8291 W. Washington Street The Conditional Use Permit request for the above mentioned property is subject to the following Conditions of Approval in order to protect the public health, safety, welfare, and the City of Peoria: 1. The use shall substantially conform to the Project Narrative (Exhibit 4), as contained in the staff report to the Planning & Zoning Commission dated November 7, 2019. 2. Events that occur within 10:00pm – 7am will require the issue of a Temporary Use Permit pursuant to the Zoning Ordinance. 3. The applicant shall obtain all necessary operational permits as required by the Fire and Building Departments prior to occupancy. 4. In accordance with Section 21-321.B of the Peoria Zoning Ordinance, the Conditional Use Permit will expire within eighteen (18) months of the date of approval in the event the use has not commenced or if a building permit has not been obtained. Exhibit 1 | Conditions of Approval  CU19-10: Washington Event Center 8291 W. Washington Street Osuna Park Site Washington Street rand G ue en Av 83rd Avenue Exhibit 2 | Vicinity Map g sin s C ro n otto C  CU19-10: Washington Event Center 8291 W. Washington Street Osuna Park rand G ue en Av Washington Street Site Iron Key AZ Studios Carniceria Party Sonora Biker's Decor Edge Fire Station No. 1 Exhibit 3 | Context Map Wilhelm Auto 83rd Avenue Jefferson Street Axiom Church Peoria Central School Museum CU19-10 | Exhibit 4 CU19-10 | Exhibit 5  CU19-10: Washington Event Center 8291 W. Washington Street PAD C-2 Osuna Park rand G ue en Av AG I-1 C-3 Washington Street Site PAD CCM Exhibit 5 | Zoning Map 83rd Avenue Jefferson Street  PLANNING AND ZONING COMMISSION REPORT Meeting November 7, 2019 Date: Agenda Item: 4R Case Name: Project Update General Application Information Proposal: Staff will provide an update on ongoing efforts and upcoming projects within the City. Location: City-wide Project Acreage: N/A Applicant: City of Peoria Recommendations: This item is for discussion only, no action will be taken at this time. ATTACHMENTS: Description Staff Memo  City of Peoria PLANNING AND COMMUNITY DEVELOPMENT 9875 North 85th Avenue Peoria, Arizona 85345 T 623-773-7200 F 623-773-7233 planning@peoriaaz.gov Memorandum Date: November 7, 2019 To: Planning and Zoning Commission From: Lorie Dever, Planning Manager Re: ITEM 4R Project Update The City of Peoria has undertaken a number of projects that touch upon all areas of the city. Staff will provide the Commission an update on ongoing efforts, and upcoming projects and events, which include: • Strategic Planning: o PeoriaAz General Plan Ballot Preparation o Update to the Design Review Manual • Zoning Code Amendments: o Accessory Structures o Group Home o Mobile Food Vendors o Non-Residential Standards o Sign Code Refinements o Small Cell Sites o Misc. Refinements • Process Improvements: o Website Updates o Electronic Plan Review for Additional Case Types • Scheduled Events: o Arizona Planning Association State Conference