CITY OF LITCHFIELD PARK

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1 CITY OF LITCHFIELD PARK PLANNING AND ZONING COMMISSION Regular Meeting Tuesday, October 13, :00 p.m. F. B. Litchfield Library Community Room 101 W. Wigwam Boulevard Litchfield Park, Arizona Members of the Litchfield Park Planning and Zoning Commission may attend either in person or by telephone conference call. I. Call to Order II. III. IV. Pledge of Allegiance Call to the Community (This is the time for citizens who would like to address the Commission on any non-agenda item. Action taken as a result of public comment will be limited to asking Staff to review the matter, asking that the matter be put on a future agenda, or responding to criticism.) Business A. Public Hearing: Use Permit Application to Allow for Truck and Trailer Rentals, Outdoor Storage Containers, and an Above Ground Propane Gas Tank and Refilling Station for the Retail Hardware Business Proposed to be Located Within the Litchfield Marketplace Center at the Northeast Corner of Litchfield and Camelback Roads - Applicant has requested this item be continued. 1. Staff Report 2. Applicant Presentation 3. Public Comments Information Citizens may ask questions or speak for or against an application for a Use Permit to allow for truck and trailer rentals, outdoor storage containers, and an above ground propane gas tank and refilling station for the retail hardware business proposed to be located within the Litchfield Marketplace Commercial Center at the northeast corner of Litchfield and Camelback Roads. B. Use Permit Application Use Permit Application to Allow for Truck and Trailer Rentals, Outdoor Storage Containers, and an Above Ground Propane Gas Tank and Refilling Station for the Retail Hardware Business Proposed to be Located Within the Litchfield Marketplace Center at the Northeast Corner of Litchfield and Camelback Roads - Applicant has requested this item be continued. Information Action Discussion and possible recommendation to City Council to approve an application for a Use Permit to allow for truck and trailer rentals, outdoor storage containers, and an above ground propane gas tank and refilling station for the retail hardware business proposed to be located within the Litchfield Marketplace Commercial Center at the northeast corner of Litchfield and Camelback Roads. C. Minutes Possible approval of the minutes of the July 28 and September 8, 2015 Meetings. Information Action

2 D. Topics for Referral to City Council Discussion of and possible referral of new topics to the City Council. V. Executive Session Information Action Action VI. An Executive Session may be called during the public meeting on any item on this agenda pursuant to (i) A.R.S (A) (3) for the purpose of receiving legal advice. Board of Adjustment/Design Review Board Update Update on the September 3, 2015 Design Review Board meeting. Information VII. Staff Report on Current Events Information VIII. Commissioners Reports on Current Events This is the time Commissioners may present a brief summary on current events. The Commission may not propose, discuss, deliberate or take any legal action on the information presented, pursuant to A.R. S Information IX. Adjournment Action Frank Ross, Chairman Persons with special accessibility needs should contact City Hall, at least 48 hours prior to the meeting.

3 Meeting Date: October 13, 2015 To: From: Subject: Planning and Zoning Advisory Commission Jason Sanks, Planning Consultant North of the northeast corner of Litchfield and Camelback Roads Use Permit requests for a proposed Ace Hardware Store at Litchfield Marketplace: 1) Propane Dispensing 2) Outdoor Storage, and 3) Uhaul equipment/truck rentals BACKGROUND The site plan and conceptual landscaping surrounding this site was approved with the overall shopping center at the Design Review Board s April 2, 2015 meeting. Signage for this property was approved with the Comprehensive Sign Package that was approved at the Board s June 18, 2015 meeting. Recently on September 3, 2015 and October 6, 2015, the Design Review Board (DRB) approved the site plans and elevations for the Urgent Care/Drive-Through restaurant and Jack in the Box restaurants within the same center. A concurrent DRB application for this hardware store has been filed and will go before the Board at a future meeting once the Use Permit requests have been decided upon. OVERVIEW The proposed Ace Hardware store is located within the Litchfield Marketplace development that is zoned Community Commercial (CS). Ace Hardware is considered a hardware store and is a permitted use within the CS district. The requests included in this proposal are for additional uses that the proposed Ace owner would like to include as part of the overall business in this location. Section of the Zoning Ordinance refers to the land use definition of CS and includes a provision that accessory uses will require a Use Permit. In this particular application, Ace contends that propane dispensing and outdoor storage are accessory uses since the primary business is the hardware store. The zoning ordinance defines Accessory Uses as the following: A use of land or structure subordinate to the principal use or building on a lot and serving a purpose customarily incidental to the use of the principal building, provided any such use of land or structure is established or built with or after the construction of the principal building. Ace contends that since the primary use of the facility is for a hardware store, the dispensing of propane and outdoor storage are incidental to that use. Staff has reviewed

4 this request with the City Attorney to understand specifically if these requests can be considered in this manner. Propane Dispensing The Ace store would like to place a large propane tank in the proposed outdoor storage area. Customers would not refill their own tanks; rather Ace employees would take the tanks and refill them for the customers outside. The application contends that this use would fall under the broad zoning code definition of an accessory use. However, Zoning Code Section 28, the Zoning Matrix/District Requirements Summary, specifically lists Gasoline or propane dispensing, wholesale and only allows it in the Industrial (I) zoning district unless it is part of a service station. It is not listed as a permitted use in the CS zoning district, nor does it denote the use in CS with a U which would allow it subject to Use Permit approval. Therefore, the use is not permitted by right, nor possible through the use Permit process, in the CS district for a hardware store. Staff recommends denial of this request for that reason. Outdoor Storage The Ace store would like the ability to store mobile mini style containers in an outdoor storage area on the east side of this building. This storage would be intended for seasonal items when there is not enough room inside for its inventory or for dry storage of old documents. This same area would be utilized for the propane tank and Uhaul equipment. Zoning Code Section a.3 describes standards for accessory uses and structures and specifically requires the following: All activity (except required on-site parking, loading or unloading) including incidental or accessory storage and display area shall be within a completely enclosed building, unless specifically noted herein. Since the zoning ordinance specifically prohibits outdoor storage, the request to allow outdoor storage as an accessory use in the CS district is not possible. Staff recommends denial of this request for that reason. Uhaul Equipment/Truck Rentals Zoning Code Section 28, the Zoning Matrix/District Requirements Summary, lists Equipment Rental as an allowable use, subject to approval by a Use Permit. The request for a Uhaul rental facility falls into this use category, therefore Zoning Code Section related to Use Permits applies to this request. Section of the Zoning Ordinance states that the purpose of Use Permits is to: a. Allow certain uses that would otherwise not be permitted in a zoning district due to negative impacts on adjacent uses and the community, so long as those uses comply with conditions of the use permit. b. Provide the process for periodic review of use permits to assure conformity of such uses to the public welfare. Based upon the exhibits provided by the applicant, the Ace store proposes to stage the rental vehicles on the west side of the building. This is the area where trucks will be put in anticipation of a rental pick-up by the customer. This is also where the trucks are

5 supposed to be dropped off by the customer. When not in use, the trucks are expected to be stored in the same outdoor storage area as was proposed for the mini-mobile containers in this request. A new residential community is proposed to be located immediately north of the rear of the Ace Hardware building. Future home owners will have their rear yards bordering the back of Ace Hardware and its associated activity. Those residential lots are also anticipated to be slightly elevated above the finished floor of the shopping center, so their line of sight into the rear of the shopping center will be more pronounced. Staff has a concern with the visual and noise impacts that a Uhaul rental truck facility will have on those residents. Staff and the Design Review Board worked to ensure the rear elevation architecture and landscaping of the Litchfield Marketplace would help it be a good neighbor to those residents. The storage of large rental trucks would be a detriment to this intent. The activity of routinely retrieving and restoring these vehicles in a storage yard adjacent to their homes would cause sound and contribute additional smells related to their exhaust. The height and accumulation of these trucks would also be visually displeasing. Uhaul trucks are covered in graphics and advertising which would be visible from the rear yards of those homes. Staff has not able to find a reasonable solution that could adequately negate these negative impacts on those future homeowners. Staff also has a concern that some Uhaul vehicles would end up getting stored or dropped off in the parking lot in the front of the building due to the nature of the Uhaul rental business. Customers will park the vehicles where most convenient upon return. The Litchfield Marketplace already has almost no surplus above the required parking spaces, so the presence of rental equipment/trucks in the parking area may create a parking problem as they would take up required parking spaces. The trucks would also serve as a secondary form of advertising with their Uhaul graphics and lettering, thus having a negative aesthetic impact on the rest of the center. Staff finds that the proposed Uhaul equipment/truck rental will have a negative impact on the community and therefore recommends denial of the request. STAFF RECOMMENDATION Staff recommends denial of all three Use Permit requests associated with this application.

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14 I. Call to Order MINUTES OF THE SPECIAL MEETING OF THE LITCHFIELD PARK PLANNING AND ZONING COMMISSION July 28, 2015 The meeting was held in the Community Room at the Litchfield Library and called to order at 7:03 p.m. by Chairman Ross. Members Present: Chairman Ross; Vice Chairman Ledyard, Commissioners Dickson, Scott, and Williams. Members Absent: Commissioners Meese and White. Staff Present: Trish Stuhan, representing City Attorney; Jason Sanks, Planning Consultant; Woody Scoutten, City Engineer; and Pamela Maslowski, Planning Services Director. II. Pledge of Allegiance Chairman Ross led the pledge. III. Call to the Community There were no requests to speak. IV. Business A. Public Hearing: General Plan Amendment Application #GPA 15-01: Request to Amend the City of Litchfield Park General Plan by Amending the Land Use Map Designation for Approximately 2.37 Acres, Located at the Northwest Corner of Old Litchfield Road and Fairway Drive, from Very Low Density Residential (0-2 Dwelling Units Per Acre) to Mixed Use (Commercial and High Density Residential, with the Location and Extent of Such Uses to be Set Forth in a Rezoning Ordinance Approved by Council; and Amending the Text of the General Plan to Establish a Vision for the Development of the Property Chairman Ross opened the Public Hearing. 1. Staff Report: Mr. Sanks stated that a PowerPoint presentation had been prepared and that he would be referring to it during his report tonight. The Commission reviewed the proposed amendments at previous study sessions and City Council also reviewed the requests at a study session. There were a number of opportunities provided for the public to comment, including Neighborhood and Citizen Review meetings, a portal on the City s web site on which the applications had been posted, and at each of the meetings at which this item was on the Commission and Council agendas. The City s General plan was updated in 2010, and it defines what is considered a General Plan Amendment. In this case, the request is to add a commercial designation and to increase the density for the residential, both of which constitute a Major General Plan Amendment. The only response received from the outside agencies notified of the request was from Luke Air Force Base, who did not express any concerns. Tonight, the item is on the agenda for the Commission to make a recommendation to the City Council for approval, denial, or approval with modifications. This year s General Plan Amendment process was compressed compared to last year when the schedule was stretched out due to the nature and number of applications received. The subject property is approximately 2.4 acres and owned by Dragon and Crane. It is located east of Scout Park and 1

15 sandwiched between the Church at Litchfield Park and the Wigwam parking lot to the north, and is to the west of the Wigwam Tennis Courts. It is currently designated with a land use of Very Low Density Residential, 0-2 dwelling units per acre (DUA). If this were to develop under this designation, two to four homes would be allowed. The request is to change the designation to a mix of Commercial and High Density Residential. Last year, JDM asked for something somewhat similar, where they had commercial and higher density residential overlaid on each other for the purpose of having flexibility on how the property was developed. Through the public review process, ongoing comments were heard regarding parking and how this property might compound the parking issues at Scout Park. It was noted at the time, that parking and traffic issues could be settled through a future zoning application. The Village Center Specific Plan for downtown development was approved by the City in 1996 and is still in place. That plan envisioned that this property would develop as high density multi-family, with upward of 21 units reflected on that plan. A site plan was not received with the application. It is not required, nor can it be adopted with the General Plan Amendment process. Dragon and Crane does not have a good idea of what they want to do; they want to lay the groundwork for future development and a future zoning application. In response to the public comments received, language was developed, similar to what was developed for the JDM 15-acre parcel last year, to amend the text of General Plan to provide some guiding language for a future zoning case. It acknowledges the concerns of the residents and asserts that the City would reflect upon this language when considering a zoning application for this site. The Council adopted the Village Center Plan in 1996, and since that time, the City has envisioned this property as a high density residential project. It was thought that high density residential on this stretch of Old Litchfield Road would be appropriate when located adjacent to downtown development which would be dense commercial development with traffic and indoor/outdoor uses. Unfortunately, the General Plan land use designation was left as low density residential, which leaves a bit of a discrepancy there. Adopting the General Plan Amendment would bring the General Plan closer to conformance with the Village Center Specific Plan. The illustrative exhibit in the Village Center Specific Plan does show multi-family condominiums on this parcel. The text notes that Housing variety is promoted through potential multi-family or condominium development on this wide stretch of Old Litchfield Road north of the church. This Village Center Specific Plan will also need to be amended to overlay the commercial option as it only noted the multi-family. Ultimately, Staff finds that the amendment will provide a clear vision for development for this important property. It is in the Village Center Specific Plan, and basically is affixed to the downtown core. It came down to whether Staff thought four homes adjacent to dense commercial development makes sense, which we do not. Staff does think that commercial, multi-family, or some combination thereof, does make sense next to dense commercial development, which is why approval is recommended per the exhibits provided and the text amendment. 2. Applicant Presentation: Andrea Courtney, Millennium Real Estate Group, stated she was present to represent Dragon and Crane. She noted that the principal of Dragon and Crane was unable to attend; however, she has assisted Dragon and Crane throughout this process. She provided the following: The owner submitted the application to provide opportunity to develop lot into something that makes more sense for area. The owner thinks high density residential/commercial is more suitable and parallel to the vision of the City s General Plan. Two core concerns arose from the community: not definitive plans for development and may not be adequate parking. To address, the City prepared the proposed text amendment that provides guidelines for what will be considered for development on the parcel and mitigation 2

16 of parking and traffic issues. The owner does not have any objections with that text amendment. There are no definitive plans to develop the property at this time because they do not have a clear direction on where they can go. There is no desire to develop the property as residential and without the General Plan Amendment the property will likely be vacant for a long time. She does not know whether the owner wants to wait for the City to develop a Master Plan for the Village. In response to a question of whether, if approval is not given at this time, the owner would be put in any kind of jeopardy or predicament in terms of economic impact, Ms. Courtney said no, none whatsoever. 3. Public Comments: Carolyn Mathews said she is very much against both the commercial and high-residency residential due to their high impact. She is concerned about an apartment building being developed. There is no walk-by traffic so a commercial use would have a very difficult time. Until it is known what they want to do, she urged the Commission to deny the application. Paul Gilbert, representing JDM, expressed concern regarding the process and that the City has very little experience working with the owner. He said the parcel is strategically located and is very important to JDM and the City and to have this application approved without discussion concerns him. He felt the parcel could serve as a parking area for the downtown. Ms. Stuhan clarified that the City has a good practice of judging every application on its merits. The Commission is here tonight to judge the application on its merits. Mr. Sanks stated that the City s General Plan Amendment process meets the state s statutory requirements and that last year s schedule was different due to the volume and scope of the applications received. The City does consider this parcel as important as any other parcel adjacent to the downtown area. The City has made many attempts to publicize the application and presented it at a Citizen Review Meeting, two Planning & Zoning Commission Study Sessions, and a Council Study Session in addition to this public hearing. If this General Plan Amendment is adopted the specific plan will also be amended to conform. That specific plan is about twenty years old and the City owns most of the property. However, it is not known when the entire specific plan will be updated. Regarding using the parcel as a parking area, it could not be used as a parking area as it is designated today. However, with a commercial designation it could be used as a parking lot to serve the downtown. Chairman Ross closed the Public Hearing. B. General Plan Amendment Application #GPA 15-01: Request to Amend the City of Litchfield Park General Plan by Amending the Land Use Map Designation for Approximately 2.37 Acres, Located at the Northwest Corner of Old Litchfield Road and Fairway Drive, from Very Low Density Residential (0-2 Dwelling Units Per Acre) to Mixed Use (Commercial and High Density Residential, with the Location and Extent of Such Uses to be Set Forth in a Rezoning Ordinance Approved by Council; and Amending the Text of the General Plan to Establish a Vision for the Development of the Property Discussion by the Commission included: This is an orphaned piece of property and it is not clear what sort of commercial designation would work there because there is no walking traffic. 3

17 There was an observation that the applicant s representative noted that it does not matter if this application is approved now or later. It is not clear why there is a hurry to do anything with the application now. It might be best to wait until the downtown area is planned. It would be imprudent to approve the application without knowing what will happen with JDM s project and traffic coming from the JDM project. Ms. Courtney clarified that, although the property may be vacant for many years, they would like to proceed with this application to get it out of their portfolio. There will be an opportunity to review an application for rezoning in the future to see if it makes sense at that time. Doing nothing right now guarantees that this will remain a piece of dirt for the foreseeable future. Commissioner Williams moved to not recommend approval on General Plan Amendment Application GPA 15-01, based on the concerns raised by the Commission and specifically: A great deal of unreadiness with the Commission, Staff, and the community. He is a firm believer in keeping things simple and does not believe the Commission has all the components needed to make an intelligent decision. Would prefer to see action on the Master Plan Development on the Village Center as well as action on Wigwam s part for their exiting strategy. This is a key parcel that impacts all three developments. Ms. Stuhan asked for clarification that this is not being recommended for approval based on the merits of this application and Commissioner Williams stated that is correct. He does not know what is going to happen and what would be appropriate there. Commissioner Ledyard said that the application is fairly deficient and he seconded the motion. The motion to not recommend approval was approved 4 to 1 (Chairman Ross opposed the motion and two members were absent). C. Public Hearing: 1) General Plan Amendment Application #GPA 15-02: Request to Amend the City of Litchfield Park General Plan for Approximately Acres, Located at 5409 N. Litchfield Road, North of the Northwest Corner of Litchfield and Camelback Roads and Commonly Known as the La Loma Homestead by Amending the Land Use Map Designation from Mixed (Public/Open Space) to Mixed (Public/Open Space/Agritourism) 2) Rezoning Amendment: Proposed Ordinance Amending the Zoning for Approximately Acres, Located at 5409 N. Litchfield Road, North of the Northwest Corner of Litchfield and Camelback Roads and Commonly Known as the La Loma Homestead by Deleting the Property from the Existing Planned Development and Rezoning the Property to Agritourism (AT) 1. Staff Report Mr. Sanks stated there are two actions being requested for this property, a General Plan Amendment and a rezoning application. The property is the City-owned La Loma Homestead property. Last year, a Major General Plan Amendment was adopted that added the land use designation of Agritourism to the Sun Health owned portion of the La Loma property. The Agritourism designation was added to the other land use designations, Public Facility and Residential, which were on that property to accommodate Agritourism type uses. These uses 4

18 were further defined in a Zoning Code text amendment that added an Agritourism Zoning District. The idea behind the Agritourism development that was to take place on that property was that the Homestead was the crown jewel of the property, and a question was raised as to how the Homestead could be used and integrated as part of an overall master plan. Several months ago, Sun Health approached the City and asked how a portion of the City property could be used to really integrate all of the facilities. The City-owned property was not designated for Agritourism in either the General Plan or as a zoning district. The request tonight is for a Major General Plan amendment to add the Agritourism designation to the City s property on the General Plan Land Use Map. That opens the door for Agritourism uses for all or just a portion of the City owned property. The City is currently in lease negotiations with Sun Health for the management of the City owned property and to run any affiliated businesses that might be built on it, whether it would be retail outlets, parking areas, or a craft brewery. There are no final development plans at this time. Accompanying the General Plan Amendment request is a rezoning request that would rezone the property by removing the property from the Sun Health Planned Development with underlying Residential Estate to Agritourism. The City could then work with Sun Health on the master planning of its property as is appropriate. The intent is to protect the history of the Estate while carefully integrating the uses around it so it can be used and enjoyed by the public. The financial benefits of the project may help fund the restoration of the homes and other structures on the property. 2. Public Comment There were no comments. D. General Plan Amendment Application #GPA 15-02: Request to Amend the City of Litchfield Park General Plan for Approximately Acres, Located at 5409 N. Litchfield Road, North of the Northwest Corner of Litchfield and Camelback Roads and Commonly Known as the La Loma Homestead by Amending the Land Use Map Designation from Mixed (Public/Open Space) to Mixed (Public/Open Space/Agritourism) In response to questions: Mr. Sanks responded that the master development process for the Sun Health property is underway, and this will help clear the way in terms of entitlement to not halt that process. The change will allow portions of the Agritourism project proposed by Sun Health to be located on the City-owned property and allow compatible planning for both. Discussions are being held regarding using some of the revenue generated by the project to help restore the City-owned property. The specifics are part of the ongoing negotiations and are not a part of the requests on tonight s agenda. That agreement will go to Council at a later date. The question is can the homestead property be utilized as the crown jewel of the master development plan. He believes this change will ultimately restore the property and create a dynamic destination that will benefit the citizens of Litchfield Park. Ms. Stuhan replied that this type arrangement is not uncommon in other cities and towns. It is a common legal arrangement. The General Plan Amendment and rezoning, if approved would not jeopardize the City financially. The negotiations regarding management and financing of the project will take place in the future and will be reviewed and approved by Council. Mr. Sanks stated that the question tonight is whether the change in use makes sense from a land use perspective. The issue of bonding or financing will be reviewed by the City Council. Mr. Sanks stated that an orchard dinner is typically when a dinner takes place on picnic tables out in an orchard or similar place, and the items served are typically items that have been harvested locally. 5

19 Vice Chairman Ledyard moved to recommend approval the General Plan Amendment Application GPA as submitted; Commissioner Dickson seconded; unanimous approval. E. Rezoning Amendment: Proposed Ordinance Amending the Zoning for Approximately Acres, Located at 5409 N. Litchfield Road, North of the Northwest Corner of Litchfield and Camelback Roads and Commonly Known as the La Loma Homestead by Deleting the Property from the Existing Planned Development (PD) and Rezoning the Property to Agritourism (AT) Commissioner Dickson moved to recommend approval of the rezoning request; Commissioner Scott seconded; unanimous approval. F. Referrals to City Council There were no referrals. G. Meeting Schedule Commissioner Williams moved to cancel the August 11, 2015 Regular meeting; Vice Chairman Ledyard seconded; unanimous approval. H. Minutes Vice Chairman Ledyard moved to approve the minutes of the July 14, 2015 Regular Meeting minutes; Commissioner Dickson seconded; unanimous approval. V. Executive Session No Executive Session was held. VI. Board of Adjustment/Design Review Board Update Commissioner Williams provided a report on the July 9, 2015 Design Review Board meeting. VII. Staff Reports There was no report. VIII. Commissioners Report on Current Events There were no reports. IX. Adjournment APPROVED: Commissioner Dickson moved to adjourn; Vice Chairman Ledyard seconded; unanimous approval. The meeting was adjourned at 8:29 p.m. PLANNING & ZONING COMMISSION Frank Ross, Chairman /pjm 6

20 I. Call to Order MINUTES OF THE REGULAR MEETING OF THE LITCHFIELD PARK PLANNING AND ZONING COMMISSION September 8, 2015 The meeting was held in the Community Room at the Litchfield Library and called to order at 7:074 p.m. by Chairman Ross. Members Present: Chairman Ross, and Commissioners Scott, Williams and White. Members Absent: Vice Chairman Ledyard, and Commissioners Dickson and Meese. Staff Present: Jason Sanks, Planning Consultant; and Pamela Maslowski, Planning Services Director. II. Pledge of Allegiance Chairman Ross led the pledge. III. Call to the Community There were no requests to speak. IV. Business A. Public Hearing: Use Permit Application to Allow the Placement of a Verizon Wireless Communications Facility, Consisting of Antennas and Associated Equipment, on the Downtown Commercial Center Building Located at the Northwest Corner of Old Litchfield Road and Wigwam Boulevard Chairman Ross opened the Public Hearing. 1. Staff Report: Mr. Sanks stated that Verizon approached City Staff a few months ago in an effort to look at expanding their 4GLTE service in the downtown area. They were looking for alternatives for placing their antennas and equipment associated with that expanded service. Several options were explored. Their request was to place their antennas on the City s historic downtown building. Ways in which that could be done in an aesthetically pleasing manner were explored. After some discussion, it was thought that perhaps something could be done that would accomplish a couple of different purposes, and a design that would expand the parapet roof of the existing building to mimic the portion of the building to the north was explored. The current building is still an attractive building, but the current roof mounted equipment can be seen, which would not be allowed if this was a new development. As a result of the discussions, the applicant submitted a design that gives the building a wedding cake like appearance, in that the new parapet would mimic what is occurring on the building to the north. The design was brought before the City s Design Review Board at two study sessions, and the Board was reasonably comfortable with the design, except that final design issues related to finish and appearance would still have to be worked through so that it truly looked like the finish of the building and not fiberglass panels on the building. Staff does not necessarily have any issues with the antennas and equipment as long as they are screened completely. As the 1

21 City Center does build out, the City will need to consider alternative and creative ways of screening utility type things such as this. Staff recommends approval, subject to the conditions of requiring Design Review Board approval of the final screening design, the antennas and equipment shall be maintained in good condition, and the Use Permit will be valid for 15 years. There was significant discussion at the Design Review Board meeting regarding the structural integrity of the building. If the building could not support the equipment shown in the application exhibits, a building permit could not be issued and the Use Permit would not be viable, and Staff may initiate action to remove the Use Permit. 2. Applicant Presentation: Lance Massey, of Insite and representing Verizon, displayed a presentation Board with information about the request. He noted that information regarding the proposal was included in the notice he sent out for his Citizen Review meeting, and also available at the Citizens meeting he held, although no one from the public attended. They have not finished the structurals just yet, but should be complete in the next 7-10 days. They believe they have done as much as possible to accommodate this and make it as clean as nice looking as possible. There is service in the area, but with the City holding a lot of events and activities in the area, the service lags down. These antennas will help boost the service. It is not a large site with a lot of equipment that will be loud. He then pointed out and explained the exhibits he had indicating the current view, view as proposed, antennas and equipment. He believes that the project will blend with the existing building as well as provide improved service. The following was provided in response to Commissioner s questions: The screening will be owned by the building owner s property. He is not certain who will be responsible for maintaining the building screening; however, he believes it will be the building owner s responsibility. If it affected Verizon s use, they would probably do something about that. This facility will mainly serve only the downtown area. It should help to improve service to the currently vacant downtown lots, should they be developed. The antennas will be about one foot wide and about 54 tall. There are two antennas in two opposite directions. He provided a service map to the City. It will assist service at the Wigwam, but the main purpose is to assist the downtown area. Also, because this will take some of the traffic off the main antennas that serves the area, there will be more availability on those providers to serve others. 3. Public Comments: Carolyn Mathews said she is very much against both the commercial and high-residency. Chairman Ross closed the Public Hearing. B. Use Permit Application for the Placement of a Verizon Wireless Communications Facility, Consisting of Antennas and Equipment, on the Downtown Commercial Center Building Located at the Northwest Corner of Old Litchfield Road and Wigwam Boulevard Commissioner Williams moved to recommend approval of the Use Permit application with the conditions as presented; Commissioner White seconded; unanimous approval. 2

22 C. Referrals to City Council There were no referrals. V. Board of Adjustment/Design Review Board Update Commissioner Williams provided a report on the July 30, 2015 Board of Adjustment and Design Review Board meetings. VI. Executive Session No Executive Session was held. VII. Staff Reports There was no report. VIII. Commissioners Report on Current Events Mr. Sanks reported on the progress of the Litchfield Marketplace commercial development to be located at the northeast corner of Litchfield and Camelback Roads. IX. Adjournment APPROVED: Commissioner Williams moved to adjourn; Commissioner Scott seconded; unanimous approval. The meeting was adjourned at 7:309 p.m. PLANNING & ZONING COMMISSION Frank Ross, Chairman /pjm 3

23 DESIGN REVIEW BOARD/BOARD OF ADJUSTMENT UPDATE The following items were acted on September 3, 2015 Design Review Board Meeting: Litchfield Marketplace Standalone Pad: The Board reviewed the site, architectural and landscape plans proposed for the standalone pad that will be located at the hard corner along Litchfield and Camelback Roads within the Litchfield Marketplace Commercial Center. The plans indicated the building would be for a two tenant use: one as an urgent care facility and the other as a fast food restaurant. The developer s representative commented that they did not yet have a tenant signed for the fast food portion of the building. It was noted that the design of the building would be complementary to the main Fry s Marketplace building, as it would contain some of the same elements. The plans were approved with the condition that, should the applicant not find a drive-through user for that space, the plans would have to come back before the Board to determine how the change in elevation would be handled for the drive-through canopy. The Church at Litchfield Park, 300 N. Old Litchfield Road: The Church was looking for design approval of their application for a shade canopy to add additional shade along its west elevation. It was noted that there is a patio area there with a site wall that encloses an area being used as a children s play area. Information regarding the design of the structure and how it would accommodate the water drainage off the existing roof was provided. The application was approved as presented. 315 W. Luchana: This applicant was requesting design approval for a redesign of the exterior of the existing home. The designs were reviewed at a previous meeting, and it was noted that the applicant was removing architectural details and not adding details back into the new design. The application was continued to provide the applicant time to complete and present more detailed and acceptable plans. The applicant submitted revised plan; however, the Board indicated that the left elevation was still too plain. Suggestions were provided, and the application was approved with the condition that the applicants are to submit the final architectural treatments to Staff for approval. 241 Laguna Drive West: This application was for design approval of tilted solar panels on a flat roof with a parapet. The applicant had been uncertain of the height of the parapet and whether it would be sufficient to conceal the panels. Prior to the meeting, the applicant had the parapet measured and agreed to lower the height of the panels some so that the panel height would be lower than the height of the roof parapet. The application was approved. 160 E. Estero Lane: Review of this application for a building addition/remodel was continued at the applicant s request. Prepared by Pam Maslowski