check check check don't meet the house or check check you good good evening welcome to the planning commission meeting of march 4th 2021 my name is vern crow and i am the chairperson of the commission the planning commission is a citizen body appointed by the city council the commission is empowered to make final decisions on certain matters with those being appealable to the council on other matters the commission acts as an advisory role to the council with the council making the final decision you will have an opportunity to address the commission during the public hearing portion of the meeting your testimony is appreciated and encouraged the commission acts from a written agenda you will need to fill out a yellow speaker card and give it to the city staff if you wish to speak on an item cop excuse me copies of the agenda and the speaker cards are located on the table at the back of the room near the the main door at this time please silence your cell phones there are seven members appointed to the planning commission and at this time i will ask the commission to introduce themselves and state the district they are representing starting from my far right john crow mayor at large bomb coal barrel district good evening i'm ed nyberg representing the cholla district warren wilhelm akatia district martin nowakowski yucca district vern crow representing cactus and let the record show that all the members are here except for the vacant saguaro district seat the planning commission receives staff assistance and guidance from the planning division and the city attorney's office mr record would you please introduce the city staff at this time yes mr chairman we have each uh case has two or three different people that'll be announcing them so i was going to have them as they came up with their case do that and christine lavelle will be our first person and diana figueroa is our secretary of the planning commission and i'll let the other staff as their items come up introduce themselves because they're okay that'll work is there anyone in the audience that wishes to speak on an item on tonight's agenda um that's not on tonight's agenda because we can't really take any action or discuss that but if you're here and you want to talk on tonight's agenda that or something that's on the agenda that's not there tonight please feel free to say so now okay let's go on to the approval of minutes uh do i hear a motion to approve the minutes of january 7th 2021 miss training commission's meeting mr chairman mr vice chair uh i would like to move that we table the minutes for january 7. reading through the minutes i think they're i don't think they reflect adequately the comments that were made at the the uh during the meeting chairman hirsch and vice chair lennox had some had specific comments that they made at the end of the meeting and i don't think the minutes adequately reflect that so i would like to table the minutes until we can get them amended to reflect the commentary from that meeting okay anybody have any other discussion on that item mr chair yes sir uh i kind of agree i mean we're here uh at the service of the public and the public needs to know how our feelings are sometimes on how things are being held and i think uh what gary and mr lennox expressed was very clear and it should be recognized thank you mr wilbon uh anybody else anything else well i'll entertain a motion to table the minutes of january 7th go moved support anybody and i hear a second so i do have a motion to table the minutes of january 7th i have a second and all those in favor aye opposed the january 7th meaning minutes are tabled let's go on to the february 4th workshop any comments on that okay hearing none i'll entertain a motion mr chairman i would move approval second i have a motion in a second for approval all those in favor aye opposed motion carried okay we'll move on to the february 4th meeting do i hear a motion go moved second i have a motion and a second to approve the meetings minutes for february 4th all in favor aye aye opposed point of order a chairman of the commission um the agenda reflects the minutes of february 18 special workshop but i believe the motion regarded february 4th so just wanted to clarify oh i'm sorry it is a workshop yeah so so we'll need to amend that motion to say that the february 4th minutes are for a workshop chairman my reference was to the motion that was on the table which i think is for item 4c um for the february 18th special workshop okay it was not a it wasn't a meeting did i say meeting i'm sorry mr chair i'd like to put forth a motion to approve the minutes uh planning commission minutes of the february 18 2021 special workshop report thank you i have a motion and a second to approve those minutes all in favor opposed motion carried thank you mr rubert mr rickard are there any withdrawals or continuances tonight my knowledge no sir okay as they are none let's move on to the public hearing now if anybody is here to speak on an item of the public hearing please complete one of the yellow speaker cards on the table near the main entrance then step forward to the podium and state your name and address for the record once you're called um i don't have any cards diana do we have any cards okay the purpose of the public hearing is to provide interested parties an opportunity to present testimony for the commission's consideration in doing so we will follow the same procedures for each item that's on the agenda tonight i will call the applicant number and the name of the applicant staff will present their report and answer questions for the commission the applicant will be given the opportunity to make presentations and answer questions for the commission other persons who wish to testify will be asked to do so and answer questions for the commission the applicant will have an opportunity to close with closing arguments staff will be asked for a final comment on the application and procedural guidance and i will then close the public hearing as asked for a motion prior to discussion by the commission now when you come up you will need to state your name and address for the record if you wish to speak on an item but please be brief and to the point and vote avoid repetition i reserve the the right to limit your testimony and all exhibits that you might present to the commission become part of permanent record and must be submitted for the file we have five public hearing items tonight [Music] and let's go to the first agenda item which is gpa 20-06 and zon 20-4 mr rickard yes uh christina and laval will give you the presentation and then i know the applicant is here as well christina take it away good evening um chairperson crow and commissioners my name is christina lavelle and i am a project planning manager with the city of glendale and i will be presenting paradise enclave gpa 20-06 and 0n 20-14 okay the request is uh made by john froke of john m froke urban planning representing brian matlock the request is for a minor general plan amendment and a re-zoning of the property the minor general plan amendment is to amend the general plan from mdr um five which is medium density residential three to five dwelling units per acre to hdr 20 which is high density residential 12 to 20 dwelling units per acre the rezone is to rezone from r14 which is single family residents to r3 multiple residents this is the vicinity map that shows the uh property uh location in relation to city hall the general plan designation for this property is medium density residential five and here is the zoning map the property is currently zoned r14 which is single family residential to the north there is a the patio homes are they are zoned r3 to the east is zoned r14 and um a1 and to the south it's r14 and to the uh to the west it's r16 there is a aerial map that gives you kind of an idea of what is going on in the area to the north is single-family patio homes and it's zoned r3 and then to the east is just a large single family residential lot to the south is single-family residential and to the west is single-family residential as well here's a street view of the property the property is currently vacant and it is abutting the to the north it's above the um the patio homes and then to the you can see as to the west it's a budding um a large single family lot and then to the south into the east it's single-family residential this is a street view from 69th avenue just looking towards the property to the east this is a this is a view from paradise lane looking towards the property to the north this is a copy of the conceptual site plan and as you can see i will kind of hopefully i can use this little tool there will be a access off of paradise lane that will come into the site this will be a uh will be gated and we'll have a block wall and you will be able to enter in from paradise lane and exit out of 69th avenue and all of the circulation will be interior to the site it's difficult to see but the the outward perimeter of the property will be fully landscaped and and there will be open space and public space requirements this is a conceptual drawing of what the house product may look like just note that the applicant is proposing a two-story town homes that will be will have garages and driveways again this is another um just rendering that will show that what could potentially happen upon the property and again this is one as well so as far as the public involvement we held two neighborhood meetings the first was november and the second was in january we had the second meeting from a determination to be able to include extra members of staff and include additional members of the neighborhood the public hearing notification was sent february 12 2021 the glendale star was noticed on february 11 2021 and the site was posted the same day six comments were received three in favor of the project and three in opposition um the three that were in opposition came late um did not uh occur until after the staff report was uh prepared and all were by phone and staff um adequately address their concerns the three in favor you have a um an email in your packet that kind of expresses the um the patio homes to the north that the neighborhood is in favor of the project okay the findings are that the amendment is consistent with the policies and objectives of the general plan the proposed amendment it will further the public health safety and the general welfare of glendale it will contribute to the supply in the diversity of housing within the city of glendale and it improves overall safety and general welfare the analysis is that the proposed multi-family development will allow for infill development and provide additional residential options in the general area the rezoning request is consistent with a minor general plan amendment to allow for a land-use designation of high-density residential 20. the applicant has met with representatives of the peoria unified school district and the school district has confirmed that there are adequate school facilities that exist for any additional residents the paradise enclave rezone and general plan amendment are consistent with the land uses in the surrounding area most specifically to the north with the r3 zoning district the recommendation of staff is that the planning commission should move to recommend approval of gpa 20-06 as written additionally the planning commission should recommend approval of z o n 20-14 subject to the following stipulations that there be conformance to the paradise enclave minor general plan amendment and r3 narrative revised submittal dated december 23 2020. that a dedication of additional right-of-way on 69th avenue to provide a total half width of 35 feet shall be made before building permits will be issued on this property that there will be a dedication of additional right of way on paradise lane to provide a total half width of 35 feet before building permits are issued for any development on the property that all half street improvements on 69th avenue and paradise lane adjacent to the site must be completed with the development of the property a right-of-way abandonment shall be processed for all interior streets gated driveways will require a turnaround area all overhead utility lines including communication lines and electric lines less than 69 kv or on a j or adjacent to the site shall be undergrounded as part of this project and then a the current plat on the property shall be vacated and a one lot subdivision shall be approved and recorded on the property to remove the 21 recorded lots that concludes my presentations i will be happy to answer any questions you may have commissioners any questions for miss lavelle okay commissioner naokowski can you tell me what is the proposed number of dwelling units is it 69 as on the certification of adequate school facilities sheet that was received january 19th yes it is that is the um proposed okay on the conceptual site plan it shows 70. just want to make sure those are consistent before it goes to council and then also sorry and then also um development standards it's saint northern perimeter setback and i believe that's where the condos are you mentioned is 30 feet while the southern eastern and western setback is 40 feet was there a reason why it seems like condos are more densely close together and so you're closer than the others just wondering why that was 30. yes so the answer to that is that the applicant is proposing a larger setback along the front property line this is consistent with the r3 zoning district so the site plan has been reviewed and that the setback is consistent with the required setback for this district thank you commissioners anything else sure mr cole miss lavell i know it's challenging and adequate outreach was done to the to the neighborhood and it's challenging when folks come after the process to to voice an opinion is it possible to know the nature of the three that were in opposition after the report was written yes uh of course um the answer to that is that there is some concern about traffic in the neighborhood with the single family residences and so staff expressed to them that there will be half street improvements that will improve paradise lane and 69th avenue in addition that during design review the project will be re-evaluated again and if a traffic study is necessary that one will be performed and also with that the traffic engineer had a lot of conversations with the applicant prior to this hearing and part of the reason why the accesses is they have one access in off of paradise lane and one exit out onto 69th avenue is to try to mitigate some of the potential traffic problems thank you commissioners anything else okay with the applicant or applicants representative please come forward to state your name for the record and make your presentation welcome i think it's safe to take my mask off from this distance good evening uh chairman uh chairperson commission members my name is john froak um i reside in the choya district in glendale my office is in phoenix and uh christina did a great job on the staff presentation we've worked really hard on this little project infill sites as they say are always difficult this has been difficult just trying to get all the details worked out if you will i don't really have a lot to add we've worked like i said really hard we had two neighborhood meetings we had to run one around thanksgiving we had the hoa representative and a couple of other neighbors it was a virtual meeting the holidays came and went we were asked by staff to do a second neighborhood meeting which we did in january through the course of the public participation we tried to take into account all of the statements or issues into consideration the is there a possibility to go back up to the vicinity map thank you this is perfect so one of the challenges that we've had with paradise enclave is that for a site that's as narrow as this is and is small and the map's a little deceiving because it may look like we have a square property it's actually it's actually about half that site it's it's shown on the the on the zoning map we're asking for zoning that's consistent with our neighbors to the north the somerset patio homes we do have a letter or an email from the somerset patio homes homeowners association they support the project the the challenge with one of the challenges with the site is there's a lot of off-site street improvements that we have to make to both paradise lane and 69th avenue when we're out posting the property over the course of a couple different weekends just looking at the site and hearing from we went out there posted the property [Music] some of the neighbors would stop and ask hey are you affiliated with paradise enclave yes you know are there any questions that we can answer for you there was a bit of a misunderstanding with the lack of infrastructure and so what we had told the neighbors that did stop by and we must have three or four different people stop and ask us what you know what's going on with the property we will be building the east half of 69th avenue the some of the neighbors on the west side of 69th avenue between paradise and linda sue lane thought that the road was just going to exist the way it is today we're actually going to be taking the barricade down at this location we'll remove the barricade and then we'll build what's would be considered the east half of 69th avenue similar thing on paradise lane we'll be building the north half of paradise lane and then the intersection both paradise and 69th avenue are collector streets christina mentioned we've worked really extensively with the transportation department we'll be building and increasing the width and the capacity of the intersection at 69th and paradise there's a pole that needs to be moved i explained to one of the neighbors that will move the pole out of the way and when we widen the road subsequent to the property posting and the two neighborhood meetings that we had we got a call from a neighbor across the street there had been a lot of wind there was some debris and and such that have been blown out of the site we went out at her record well not at her request but in response to her statement cleaned up the site a little bit took a look at the property again and that visit to the site rendered additional visits from our neighbors same thing are you involved in the project yes you know is there anything that we can address for you and so we've tried to be we've basically been consistent with our messaging is that we want to be a good neighbor we actually feel like this will be a a really good addition to this portion of glendale it's close to bell road with the shopping the dining experience the employment that's on bell road final design will be determined at design review christina showed some exhibits on what the product might look like our neighbors to the north the somerset patio homes they're all two-story units we're asking for similar height similar to zoning to somerset patio homes as christina indicated it will be a gated community we worked really closely with the transportation staff specifically to a line or gated entry off of paradise with i believe it's 68th drive it shows up on the site plan and then the exit only on 69th avenues at linda sioux lane so we do have a neighbor here and support the thompson household he did not fill out a speaker card if you'd like to hear from mr thompson he is here he's been working with us and participating through the neighborhood work as an interested party so if you want to hear from a neighbor we have mr thompson available for you if you have any questions if you want to hear from the neighborhood so with that we appreciate everything that staff has done uh ushering us through the review process we are in agreement with the recommendation on the general plan amendment and the zoning stipulations associated with the zoning case so with that i'd be happy to answer any questions commissioners any questions for mr froak like you get offline tonight mr broke that's a nice change thank you mr thompson do you have anything to add if you do you need to fill out a speaker card and give it to staff nothing okay nothing to add okay well in that case i have no speaker courage so um anything else from anybody commissioners commissioner nowakowski i i really appreciate that the um the applicant is doing the the right way improvements along paradise lane 69th avenue before construction i think it's much needed in that granada states area and makes safer roads for the residents so i want to thank you for that it sounds like a wonderful info project to me commissioners just commissioner crow just to be certain this is a this is a fee simple property this is not a rental project i'm sorry this is not a rental project this is uh for sale these are town homes that will be then resold yes that's my understanding mr froak is that correct commissioner crowe chairperson or chairperson pro commissioner crowe um we're working with a buyer my client is the actual property owner he lives in phoenix we are working with a buyer for the property it's undetermined right now if they will be for sale or for rental the exhibits that were represented tonight go with the zoning go with the property and again we hope to bring forward an infill site that would be a benefit to the community so undetermined right now if it's for sale or for rental thank you anything else commissioners okay i'll close the public hearing on case number gpa 20-06 and zon 20-14 do i hear a motion and we're going to take these separately is that right mr gruber chair members of the commission that'd be my recommendation yes yes we're going to take them separately do i hear do i hear a motion for gpa 20-06 herman airman vice jeremiah i would move approval of gpa 20-06 i have a motion to approve and i have a second all those in favor aye opposed motion carries chair will entertain a motion for z o n 20-1-4 chairman i recommend to approve zeon 20-20-14 to the subject of the stipulations do i hear a second second i have a motion in a second to prove zon 20-1-4 with all of the stipulations in the staff report all those in favor opposed motion carried and the stipulations that apply to gpa 20-06 also applies to the motion and approval okay okay the second agenda item will be zeon 20-17 and we will have a presentation mr chairman you have george mr gallery good evening mr chairman members of the commission uh george gaylord glendale city planning staff i'm here to represent item 01 20-17 that's a requested zone change regarding the terror point planned area development the request specifically is to rezone from sr-30 or suburban residential zoning district and a1 agricultural district to pid or planned area development again this the function of that is to enable the expansion of an existing senior living facility on the applicant is benjamin graf quarles and brady for tear point llc the property size is 7.2 acres the location specifically is the northwest corner of union hills drive between 53rd ave and 54th avenue the address is 5330 west union hills drive depicted on the map it's roughly eight miles north of city hall the glendale general plan depicts this portion of the community as appropriate for low density residential development 1 to 2.5 units per acre this is a depiction of the zoning map for the vicinity including the three parcels that together would make up the project site again the current zoning of two of the parcels located in the larger yellow rectangle are zoned sr-30 and the property to the east is zone a1 all three of those parcels are part of the subject property everything north of union hills drive in this vicinity is zoned a1 everything to the south is part of a single zoning district this is an aerial look at the property and the vicinity you can see the development site the lower southwest corner of the the dotted red rectangle which includes the entire subject property as well as the developed and vacant properties to surrounding the site north on the north side of union hills what you have to the south is the school to the southwest is a single family subdivision west of the site is a church to the northwest north and northeast of the site are a series of rural residential world residences i should say and the parcel immediately east along union hills drive continues to be vacant at this time a little better look at the site you can see the existing facility on the south half of that those two parcels to the west of the subject property right at the northeast corner of 54th avenue and union hills drive this is the site plan forwarded by the applicant there are a series of access points to the facility one at the northeast corner from 54th avenue as well as along the north side of union hills you can see the primary access to the southeast corner of the existing facility there are also two access points along 54th avenue along the west side basically they're adding on to the central portion of the the larger properties and that would be encircled by an existing access and parking area and landscaping improvements as part of the project proposal this is a depiction of the um an elevation of the the the new addition to the site to the right of the screen on top is the the newer portion of the facility to the left i believe is the existing part of the existing uh facility one thing i would point out i guess as part of this is that uh in the uh as part of the district standards for the pad they're accommodating a roughly 40 foot cupola over a primary access point there to the center of the screen above some quick photos of the existing site this is from union hills looking at the existing property um looking along union hills to the uh the front of the property in the top of the screen you can see the primary entry to the bottom of the screen that's the southeast corner of the site at 50 53rd avenue and this looking at 53rd avenue once again and further north along 53rd to the kind of the rural residential area and looking southeast to the school site to the bottom of the screen also the the ball courts directly opposite the facility on union hills there's a single-family subdivision off the southeast corner and a church to the west at the bottom of the screen and these are the streetscape improvements that are associated with the the project site currently along 54th avenue on the top of the screen and at the bottom just moving further north along 54th avenue again to the rural residential area public involvement we as is typical of any hearing request we require the the mailing of notices to adjacent property owners in this case we also had a an online neighborhood meeting that was on january the 21st folks were invited by the mailing to participate in that meeting i don't think we had any attendees if any um as part of that site has been posted and hearing advertised and postcards mailed out for the uh the hearing this evening on february the 12th as far as staff findings we believe the the applicant's request is consistent with the city's general plan we believe that it provides a highly needed community service promotes infill development where infrastructure is already available in the community and overall is compatible with the adjacent facilities and residences staff is therefore recommending approval of 01 20-17 subject to the following stipulations one development and substantial conformance to the p-a-d narrative dated december 7th of 2020 the narrative to be amended to clarify that any future multi-family use of the property would be subject to the further hearing action and to allow accessory offices and select personal services no other uses would be allowed without further hearing action the reason that stipulation is in there is that the the applicant is designing a facility that would be accommodative of you know a use change in the future should the economy warrant that or the market situation we're basically just acknowledging that and requiring that there would be hearing action in that instance number two dedication of a 10 foot right away adjacent to apn 200-25-004f to bring the total right of way on union hills drive to 65 feet number three dedication of additional right-of-way on 54th avenue so that the public sidewalk and public street lights are encompassed within the right-of-way 25-foot half street right-of-way dedication is required the reason the 25 appears in red is that that's a correction from your staffer staff memo since that was written the applicant has worked through that with the transportation department and they've supported the reduction from 35 to 25 feet number four is the right-of-way for 53rd avenue is private an ingress egress easement shall be recorded along the eastern edge of apn 200-25-004-f to encompass the existing pavement utilized by properties excuse me adjacent to this property and by properties to the north so that they and emergency service vehicles will have legal access the dedication shall include the easement required for the placement of a sidewalk along the property frontage mr chairman that concludes my presentation be happy to respond to any questions gentlemen any questions for mr gillard wow okay would the applicants or the applicant representative like to come forward and present their case thank you chairman and members of the commission my name is benjamin graf the law firm of quarles and brady uh addresses 2 north central avenue phoenix arizona i'm here this evening representing terror point and avistas senior living i do have a rather robust presentation prepared but uh let me just make a few comments and and we'll see uh if you have any questions and i'd be happy to go through the full presentation of course uh if at all needed uh one of the things uh that i you know would be remiss to not start off with oh thank you is um just to thank staff and and mr gayler for all the coordination on this site this was this was an exciting opportunity to expand in existing use from not only memory care which you have there today but to the assisted living option as well something to note that may not be obvious from the application is that the commission has the advantage this evening of being able to have tried and tested this applicant over the last few years and what i mean by that is that in 2015 this site before you was in great disrepair and under different ownership avista took over purchased the land completely remodeled this um to a you know obviously a great sum of cost and created one of the best memory uh care facilities certainly not only in glendale but potentially obviously in arizona we've been there since 2015. it's a beautiful site we've received a lot of accolades from the city for what's been done and we're excited to expand onto this additional seven acres and again that will allow us to go from not only memory care but to the assisted living it'll allow us to go from 74 units to a total of 186 units the other two items i think i'll point out just which i felt were very responsible in this design is that because we do have single family to our north in the a1 district which could also obviously be agricultural our rear setbacks exceed what would be required in c2 and really are laid into the p80 to provide quite a buffer so at its greatest point we have an 84 foot difference especially when you look at that 140 foot tall architectural element that element is a at most 84 feet at the shortest 72 feet away from the neighbors and even our parking standards are pretty responsible because we're only required to have 75 spaces on this site but when we're at full expansion we're at about 45 employees today when we're at full expansion we will have probably a minimum of 75 employees so we wanted to have that additional parking to make sure that we would have no burden on the community no under parking we'd be able to provide parking to the residents and obviously their guests as well so we've had no opposition only correction to the record we did have one member of the public attend our neighborhood meeting who wanted to ensure that our primary access was off of union hills which it is but that lady was not opposed she just wanted to make sure that was the case and with that i'm here to answer any questions like i said i'd be i'd be happy to go through the full presentation or answer questions of the commission commissioners wow yeah commissioner cole may be more of a comment than a than a question some of us have been around long enough to remember hawaiian gardens and and the fact that your client has developed this into a functioning property is is really a nice addition to the community i was concerned about the 40-foot tall architectural element i thought in a neighborhood of single-family homes that that really kind of as a basically a non-functional part of the building it seemed to be excessively tall especially since the code i think limits that at 30 feet so that is kind of an exception but i think you've answered it those setbacks are pretty significant on the back side so i'd just like to voice my support based on that thank you commissioner cole anybody else good okay i don't thank you mr graf thank you very much thank you very much i don't have any speaker cards but just to check one more time is there anybody in the audience that would like to address this issue okay hearing none and seeing none um i'm going to close the public hearing on case zon 20-17 now do i hear a motion for z o n 20-1-7 including the four stipulations with the change in stipulation number three to 25 feet mr chair yes sir i'd like to move passage of z o n 20-17 as stipulated right here a second i have a motion to approve in a second all those in favor aye aye opposed motion carries okay we'll go to our next agenda agenda items zon 21-03 and again mr geller do you have the spotlight thank you mr chairman members of the commission um this pertains to an expansion of an existing apartment complex known as golden lane apartments once again the case number is zon21-03 specifically the request is to rezone from our four or multiple residents to r5 a more intensive multiple residence district the applicant in this case is the city of glendale project size is 1.9 acres this is a locational map depicting the location of the the property obviously along the west side of 67th avenue somewhat north of grand this is right off the southwest corner of alice and 67th ave also about a quarter mile south of olive general plan depicts this portion of the community as appropriate for high density residential development 12 to 20 units per acre this is the zoning map depicting the property in yellow as well as the surrounding properties and their zoning districts what you see here is uh simply put everything south of ellis avenue is zoned r4 and has been since the early 80s um the r5 parcels to the south west and north of the subject property are zoned r5 and that zoning district goes back to about the year 2000. the r4 parcel i believe was excluded from that action basically because it was part of a separate ownership the applicant this evening owns not only the r4 property but the properties to the southwest and north of this site areas across the street are zoned r4 to the east of 67th avenue aerial depiction of the property currently vacant at this time as well as the site to the south and west and north the exceptions being an existing uh the morningstar senior living facility to the north northwest of the subject site as well as a memory care facility located just east of 67th avenue on the opposite side of the street a little better look at the site a little closer detail you can see the there is some town home development to the south of the larger parcel and some single-family residences to the south and north again the senior care facilities to the north and east of the site this is a depiction of the site plan including not only the subject property but the the larger portion of the the larger property also owned by the applicant that was part of a project review in 2018 we approved a design review for the 192 unit golden lane apartment complex since that time the applicant has secured the property to the northeast of the site and wants to basically integrate it into the existing approval and to do that they've had to make some adjustments to the interior access routes and so forth but the biggest impotent impotence the biggest reason to to include this the uh the subject property was to uh you know just enable expansion of the use and uh basically what they've been proposing is a series of three story buildings throughout the remainder of the prop property site the r4 zoning district would restrict them to two two stories in height there's a depiction of the elevation to the bottom of the screen kind of establishing the um you know the stucco facade with a series of pop-outs and exterior stairways that was approved in 2018 i believe and here we have a composite subdivision excuse me composite site plan of the proposal noting the access along the west side of 67th avenue and the 12 three-story apartment buildings as well as a clubhouse located to the kind of the eastern portion of the site there's also a revision to the southwest corner to the access formerly located at the northwest corner as part of the prior design review approval above and beyond that there's really not too much change to the site just the incorporation of the additional r4 acreage which is the subject of the the request this evening this is a photograph of the excuse me the the northeast corner of the site looking uh westward to the east of the right of the screen you see the the morningstar senior living facility and the vacant area with the palm trees is the subject site itself this is the southwest corner of the property again looking north along 67th avenue looking eastward toward the that's the alice intersection to the left of the screen and looking toward the memory care facility across 67th avenue and looking northward toward again the the analysts intersection once again the applicant has that being the city has mailed notices to the json property owners and other interested parties regarding a neighborhood meeting that was conducted on february the 24th we've also advertised the request in the glendale star and done the postings and the the mailings regarding the heat of the hearing this evening the cpp the citizen participation plan is also attached for your review we have did not have any participation in the excuse me the neighborhood meeting that i'm aware of finds that the request is consistent with the policies excuse me objectives of the general plan uh we believe that approval would encourage development within a portion of the community where infrastructure already exists and that it's overall compatible with adjacent facilities and residences staff is recommending approval of zon 21-03 subject to conformance with the following number one development and substantial conformance to the design review submittal dr21-03 dated january 18th to 2021 any revisions required as part of that review number two staff approval of the site plan revisions and conformance to the building height and setback standards for the r5 zone and which address all transportation concerns for stacking and turnaround at the entry along 67th avenue we're still undergoing some site plan revisions associated with that access the 67th and with setback on the building that fronts 67th that's that'll be part of a design review action stipulation number three that there be a lot tie which combines both parcels chairman that concludes my presentation if you have any questions you'll be happy to respond commissioners airmen commissioner wilson part of the design review is there going to be a deceleration lane off of 67th avenue into this apartment complex that a deceleration lane you know that's part of the design of the access on 67th is going to be part of the plan yes commissioners anything else and hard to see there well since the city is the applicant we're not going to have a representative is there anything else commissioners is there anybody in the audience that would like to speak on this mr chairman i would just like to say thanking the commission for helping us move this project along we were kind of in a bind at the moment and george here has done an excellent job of working with the applica our property owner to get this accomplished and it's time to have this site develop so the banking industry that's working with them is also providing great help and giving us a little more time to make it all happen so it all seems to have worked out and it was because you moved ahead and took an extra few weeks off of the application so we really appreciate your help well i think it's it's going to be a good project and it is i think very good for the area so we're glad to do it commissioners anything else mr chair commissioner kowsky thank you mr chair i just want to add that bringing in that northeast fake and parcel a good good idea good planning and my thought was that was going to be vacant for a very long time so i appreciate that coming into play and then just on the project narrative it does say the applicant is a shay connelly development llc it's kind of confusing when you're looking all over the pack and it shows different names the c the city the planning commission the owners and then the um so just make it easy on council on that but good plan i i i wish the the design kind of had more it's stucco with pop-outs pop-outs i wish more flair to it but you can only see a portion of it from 67th avenue it's such a narrow space so i understand some of that design thank you for your time commissioners anything else okay we'll close the public hearing on kcon21-03 it's now closed do i hear a motion to approve zon21-03 with the three stipulations in the staff report airmen commissioner markowski oh okay commissioner will phone i move to approve zon21-03 with the three stipulations here a second thank you commissioner crowe okay i have a motion to approve and i have a second all those in favor opposed motion carries unanimously we'll move to our next agenda item cup 20-1-3 and ms lavelle will do the presentation chair commissioners again um this is christina lavelle with the city of glendale planning department i am the project planning manager for presenting superstar car wash cup 20-13 this is a request from christopher d nordstrom who is the senior project manager of kali architects and he's representing superstar car wash for conditional use permit to allow a convenience use the car wash in the general commercial zoning district this is the vicinity map that shows the uh where the car wash will be located in relation to city hall and i apologize for where city hall is it's a little bit skewed the general plan in this area is plan commercial here is an aerial map that shows the project site in relation to all the other uses within this district as you can see right across from their access point there is a an existing bank and this is located in an existing already built out safeway site this is at the north west corner of 59th avenue and thunderbird road here again there is the zoning map which shows the uses within the area so just uh to the west and the east of the uh of the site it's zoned uh general commercial and to the south it's zone general commercial and then just a little ways off there is a general office district so this is a street view of the existing property this property uh was currently or was recently vacated this was the uh site of the safeway gas station um the gas station um vacated and they have removed all of the fuel tanks and that has been confirmed in documentation in the staff report this is a view of the subject property from the access road into the site this is also a view coming down thunderbird looking at the site um i apologize for the blurriness this is a copy of the site plan that has been proposed um as you can see the property is going to be ax the project is going to be accessed off of thunderbird road through an interior road inside of the development the car wash is on the exterior it's on the eastern portion and the cars will they will travel around the circulation will be around the outer perimeter through the car wash with the proposed vacuum base in the center of the site there will be a kind of a one way in one way out situation this is the proposed elevations for the site which is pretty standard for this um particular for the stupid superstar car wash franchise there was a neighborhood meeting that was held it was noticed january 12 2021 and it was held on january 28th at that time the no uh the public did not attend and there were no um no comments received to staff or to the applicant the public hearing notification went out february 12 2021 and the glendale star was advertised on february 11 2021 and the site was posted on february 11 2021 staff finds that the request meets the findings for a conditional use permit as required section 3.904 of the glendale zoning ordinance the analysis the c2 zoning district allows for convenience uses which includes car washes subject to a conditional use permit approval car wash in this location is an acceptable land use for the site it will be aesthetically pleasing and it will be skillfully oriented to minimize any impacts to surrounding properties or adjacent tenant spaces the development is oriented towards thunderbird road and it will utilize internal shared access drives and will utilize the circulation within their actual site and should not have an impact on any trafficked on thunderbird road there is existing landscaping but there will also be new landscaping that will be required for a buffer from adjacent properties and the public right-of-way and there should be no significant impact to the ins the existing on-site traffic from this the local and regional use of this convenience use operation subject to a conditional use permit approval does not materially increase or create an adverse impact to the surrounding property or neighborhood um the underground storage tanks the fuel tanks were removed and this was verified by the state of arizona environmental usd removal assessment report dated february 2nd 21 20 21 which is included within this staff report an acoustic analysis was performed of the associated car wash equipment including the vacuums and blowers the report verified that the use will not significantly increase the ambient level of noise at the street and and at the property line in addition there are the nearest residences are over a half mile away finally the all applicable city departments have reviewed the application and have recommended approval of the application staff recommends approval of cup 20-13 subject to the following stipulation development shall be in substantial conformance with the site plan dated february 2nd 2021 and the project narrative dated december 2nd 2020 and this will be subject to design review approval by the development services department planning department that concludes my presentation i will be happy to answer any questions you may have commissioners any questions for ms lavelle looks like you're off the hook i have no speaker cards but is there anyone in the audience that would like to address this item a commission commissioner we do uh this is chris nordstrom with cauli architect senior project manager i don't know if you guys can hear me yes we can hear you uh we just want to introduce ourselves we are i i i'm the like i said the senior project manager call the architects uh we are designing the project that you have seen uh uh we also have robert erickson who's our project director and also we have uh tim varley and mark sunkel from superstar carwash that are online to address any questions that you guys might have um but well i do want to i do want to make sure that we commend uh the staff the city of glendale planning department on on a really great and relatively easy process not only for the cep but also the future design review that we're submitting here hopefully in a few weeks so we do appreciate that and i that's all i have to add commissioners any questions still no questions thank you sir well i still don't have any speaker cards so i'm going to close the public hearing on agenda item cup 20-1-3 do i hear a motion for cup 20-1-3 including the one stipulation chairman crow i moved to approve cup 20-1-3 as stated 20-1-3 yes okay do i hear a second second okay i have a motion to approve including a second all those in favor aye aye opposed unanimously approved okay we'll move to item 5 cup 20-1-4 and we will hear from miss castaneda good afternoon everyone good afternoon chairperson crow and commissioners my name is jocelyn castaneda i am the planning project manager for the proposed popeyes drive-through cup 20-14 the request is for an approval of a conditional use permit for convenience use the category in which a drive-thru falls within in the copper falls commercial center pad zoning district the applicant is mr eden korlik representing the property owner hc props re ltd the following is the vicinity map that shows the location of the proposed drive through for the popeyes in relation to city hall the general plan designation for this property is planned commercial the aerial map shows the location of the proposed restaurant which will be located east of the northeast corner of 95th avenue and camelback road to the south is single-family residence to the east is also single family residence to the north is multi family which is within the same pad zoning district and to the west a budding this property is an existing car wash also within the same pd zoning district as shown by the zoning map north and west is within the same pad to the south is single family and to the east is single family as well this street view photo is showing the currently vacant property to showing to the north the existing multifamily residents this image is showing to the west the abutting car wash and this is showing to the south along camelback road this is the site plan access to the site will be from camelback road to the south of the property as well as a shared access drive to the north shared with the car wash to the west the drive-through will be oriented to the west side of the property the elevations are showing south and north of the proposed popeyes this is also showing the east and the west elevations of the proposed popeyes for public involvement notification letters were sent by the applicant on december 31st 2020 no comments were received by either myself or the applicant a public the public hearing notification was sent on february 12 2021. it was posted on the glendale star on february 11 2021 and the site was posted on february 17 2021 planning staff finds that the request meets the findings for section 3.904 of the glendale zoning ordinance as part of the analysis the pad allows all uses subject to a conditional use permit in the c2 general commercial zuni district the c2 district allows for convenience uses which includes the drive through that are subject to a conditional use permit approval the proposed restaurant with a drive-through is consistent with the policies of the general plan convenience uses other than those permitted in the c2 zoning district are subject to conditional use permit further analysis show that there is no significant impact to the existing offside traffic the on-site traffic is adequately planned to permit safe and efficient circulation all the applicable city departments have reviewed the application i have recommended approval of the project planning staff recommends the approval of cup 20-14 subject to the falling stipulations that the development will be in substantial conformance with the site plan and project narrative both dated february 10 2021. this concludes my presentation i'll be more than happy to take any questions commissioners any questions airmen commissioner wilfong thank you uh this area is real close to the cardinal stadiums and the other stadiums there during game day is this only going to be a right turn exit out of this property or is it going to be access to a left turn because during that kind of traffic time i could imagine that would be most hazardous let me let me just take a look at the site plan um no there is um there doesn't seem to be an existing median on the straight so there should not be an exit to the left so it's strictly to the oriented to the west i don't see that anywhere in the the plan anywhere is that a stipulation that we need to put in place i will i will look forward i would look amazing i will look into this and i will get back to you but um it seems that um the access is through the shared axis okay mr chairman i if i understand the question correctly is there left right and all movement through this driveway across the street and your concern is is that during game day or any of the types of things that will happen that this could become pretty congested at this location the concern is the concern is that and i've seen i know everybody's seeing this somebody's going to make that left with backed up traffic and somebody's going to be coming the other way and they're going to hit in the medium this is something i think the city should try to avoid okay i know that the applicant was not able to make it in into the in-person meeting but i think they they are within online through the zoom meeting if they can answer the question well to take the action though this evening if if in fact we approve the access and then we would restrict it later we'll probably have to pay for that uh reduction in access so and i don't think the applicant was expecting to have it restricted this evening i don't know is the applicant on the line i don't think this is just a restriction we're just making the traffic exit right understood but they're probably thinking they have left turn out of there as well the way it's shown on the plan yeah that's exactly the way it's shown on the plan i'm wondering if we should maybe table this and i think we should table this until we get an affirmative answer and not to put the owner or the developer on the spot okay are you going to do it are you not right now he's not prepared i don't think or i wouldn't think that he'd be able to answer that yet and besides he would have to get with staff and you guys would have to work this all out so my thought is that we table this unless you have some other idea mr record i don't think that there's any other idea than to check it out because if in fact there's ultimately a median or something like that plan for that roadway then this applicant needs to be aware of it now and we don't put the city in a position of having to debate losing that access which generally turns into some lawsuits exactly so tabling it would be the proper thing to do and we bring it back your next meeting chairman commissioner crowe mr staff if i may say something and this is the applicant eden korlik korlik llc the architect so um we are in a tight timeline to get this approved and tabling something like this would cause us a lot of harm this really didn't come up in in really any of the meetings or pre-ops or anything like that but we were hoping to have full access out of this site left and right uh coming out um at the site um and um i uh i think we're we're open to to suggestions but i mean we're talking about game days um you know i i i don't i don't follow the 100 i mean you haven't services that are directing traffic and game days that's really 12 to 12 eight eight times a year um just our position was that we were getting it was not a right in right out that we were actually getting um both both directions but we will key to whatever you guys recommend in order not to table this because again we we have committed this project to to our franchise and we need to deliver this on time so if we need to make this a right in right out um with a vote we're we're definitely willing to to perceive that route um so i don't know if that makes any sense but you know we we're already on the docket to get this thing into the speed lane and get it get it approved as soon as possible and um so and that that was all that was our perception that this would be that we we were getting full access to the site but if we have to do it right in and right out in order not to table this for a month we would you know we would definitely proceed that way mr crow we have staff pull up a bigger overhead view of the surrounding area is that possible so that you could see the street street way my question is to the other there's a center median somewhere here that we you know that we can utilize uh if if we are trying to make this left turn um i feel like that we're pretty far away from the intersection but uh again you know if there's any way that we don't table this for another month because that's just going to this is going to put a real mess with our schedule and higher up mr chair thank you mr chairman just for clarification we did not have anything from transportation department to try to restrict it right in right out at this point my other suggestion is if in fact that's the only concern you have you could ask for that to be resolved prior to council hearing the actual application well to to address the aspect i would probably say that you know your product is is is excellent and uh i don't think making it a restriction to the right would affect your product i think it would probably be a lot safer to avoid issues on the street you know to avoid and congested this is a congested area because i live right down the street from it and uh there's a walmart there's you know the games and everything else and unfortunately the the arizonans try to make lefts in the worst place possible and and i've seen it so many times and if we can avoid that from happening which i think part of this is a safety thing i think we require it to be a right turn only out commissioner nowakowski thank you mr chair adjacent to this property to the west is a car wash and the driveway to the car wash which is on the west side of the car wash often time gets backed up nearly to camelback and to 95th avenue both ways behind the i believe it's a chase bank at the corner there 95th and camelback and so i foresee that if you do have another left out you're gonna you're gonna entice people from the car wash to go on to the popeye's property to make that left turn i i like commissioner wilfong's recommendation because it would it would kind of entice people to go to 95th avenue where you do have a signal light if if that back access lane is open to to this site so just just my thoughts as a resident of the area and representative of the yucca district because camelback regardless of game day does get backed up heavily a lot of construction we have a super walmart center there and like you said future development coming between camelback and and cardinals way along that 95th avenue it's going to be very very crowded thank this is ed you again the applicant absolutely we we totally we totally understand and if the stipulation was to be added that this um entrance from the south has made a right turn into the site and right turn out of the side only we are willing to do that we are we are we we agree making a left turn would be what would be a safety issue and a safety hazard out of that out of the development and like you said too we've got other options for me we're connected to the site to the west so you know the traffic can circulate um and i know um like you said people people tend to make wrong wrong decisions so we don't want to encourage that for for 100 so if you guys uh make a stipulation to approve this we will we will certainly follow that case and and you will see plans that are finished having a ride in and ride out only from the south thank you now do we need to craft that mr gruber uh or mr record to any specific language so that we've got that correct mr chairman i believe you need this that needs to be stated as a separate stipulation as part of the approval right but as far as the language of the stipulation do we just need to say that it's stipulated that the south entrances are right in right out correct and the proper street configuration or [Music] improvements to the right-of-way so that it causes that to happen so that would be the language you're looking for that's what you're looking for okay yes i think i can state it on the record that the access to the site from the south be limited to left and right in and out only and that there be a street no right only right in right out excuse me right right in right out that's correct and then there be structure concrete any form of street type of uh altercation facilities put in the right of way to cause that to happen if you want to say that one more time for the record yeah if in fact it doesn't come out correctly you can correct it in the minutes the next time around and we'll get the right exact language but that's basically what you want is right in right out yeah the second stipulation would be that it's a write-in and right out and that the appropriate configuration of the entrance the road sidewalk curb be part of that will be designed in a way to make that happen to make it happen yeah chairman i i think we look term uh commissioner noah causing i agree i think a left in would be acceptable okay because you're not putting something in hazard there you're you can see the traffic coming you with you the left coming out is the hazard mr champion i had it right the first time you did so we're going to go left in right in but right only out yes right only exit because if you do restrict right in only vehicles traveling uh eastbound on camelback would be cutting through the car wash and would be going behind the chase or making the car wash or making u-turns yeah hey mr record then what we're going to do is we're going to stipulate that it be a write in or left in but a right exit only and that the appropriate adjustments to the roadway are part of that stipulation understood and we'll bring it back as part of the minutes yes and to ensure that you get the ideas in the process and it doesn't hold the applicant up okay commissioners chair members of the commission and can we confirm that the applicant is okay since it was revised slightly is the applicant still online yes uh yes sir are you okay with that we all agree with that yes sir yes this is tim barley with a superstar car wash so the applicant is to the east of our property and we would like to have you guys approve this conditionally and we are willing to talk to the popeyes group to allow for some possible cross-access anything to reduce the the traffic onto uh thunderbird avenue and so we we would like to support the approval of the planning commission tonight for popeyes while we work in tandem with them to uh possibly look at a cross access or some um other way to alleviate the problems we have there with the injection of their traffic onto the street okay thank you sir appreciate that we can't we can't get involved in that deal between the two property owners but it's good to know does the representative or the owner have anything else to say and do they agree with our two stipulations we agree with the with the stipulations thank you okay is anybody else in the audience that would like to speak on this issue any further questions for miss castaneda mr chairman i have a question mr vice jr nyberg i'm wondering if there was some uh circumstance that prevented the applicant from attending their hearing tonight in person i mean i think that we're here to to hear their request and i think it's incumbent upon an applicant to to be present at their hearing in person if i could speak on that the applicant is currently located in missouri and due to covet they wanted to limit any traveling if they could they also had a representative representative here that lives in arizona but as well wanted to um also apply quarantine and you know if there was any other way for for them to attend so we gave them the option to attend virtually thank you commissioners anything else okay i'll close the public hearing at this time do i hear a motion including the two stipulations uh chairman i approve uh motion recommend proof motion cup 20-14 with the one stipulation stated in the proposal and the second stipulation presented by the commission and another note on that commissioner now um he was well phong i'm so used to calling on commissioner naokowski okay um and that'll come out in the minutes and we can have a chance to review that and at that time if it's not exactly what we all thought it would be would have a chance to change it at that time is that all right with all the commissioners okay we have a cons everybody agrees with that so i'm going to call for all those in favor aye aye opposed motion carries unanimously thank you very much oh you're very welcome we appreciated your input it was nice for you to be here we were able to move forward on that thank you and hopefully for the fourth glendale project i will be there in person when this pandemic is over i'm really looking forward to it and we're very thankful and we love the city of glendale and i'm just very glad to be a part of it thank you so much thank you sir that looks like it mr rickard is there any other business this evening we have one item remaining which is the western animal hospital conditional use permit item number six you don't have it in your packet i do not oh geez wow my packet had five items that if i might this is a really good request it hopefully we didn't miss that for you but we can be reasonably quick with it and christine will take you through this one too um that's good use of this corner okay we'll be presented by miss labelle again good evening chairperson crow and commissioners again my name is christina lavelle and i'm the planning project manager who has reviewed the western veterinary hospital cup 21-01 this is a request from catalin and pechu of western animal hospital for a conditional use permit to allow veterinary clinic without boarding in the commercial office zoning district this is a vicinity map showing the location of the western animal hospital in relation to city hall the general plan designation for this property is office this is an aerial map of the subject property it is it just shows one portion of the property actually there's a secondary portion as you can see to the west access to this site will be off of northern avenue and 51st avenue and then it is difficult to see but the there is a side street which is sands road um the zoning of this property is commercial office to the direct east of the property it's zoned r16 to the east across 51st avenue it's zoned planned area development and to the north across northern it's zoned commercial general commercial so here's a street view from sands sands road which shows the access into the site here's another street view this is going east down northern which shows just the access point to the site [Music] this is the site plan that shows the subject property the the property itself is fully developed there is no there will be no exterior changes to the property there will be no expansion of the footprint the applicant will only be getting the conditional use to use the tenant space in addition as you can see in the lower left hand corner the applicant has provided um just a parking study to show that they have adequate parking at the facility this is a floor plan of the property this is the tenant space that the applicant will be using the the applicant had a neighborhood meeting the notification went out on january 10th the neighborhood meeting was not attended by any of the residents in the neighborhood nor by any of the other tenant owners and no comments were received to staff or to the applicant regarding the proposal the public hearing notification went out february 2nd it was posted in the glendale star on february 11th and the site was posted february 11th staff finds that the request meets the findings for a conditional use permit as required a section 3.904 of the glendale zoning ordinance in analysis the on-state access landscaping and parking are adequate adequate to accommodate the proposed use of a veterinary clinic the hours of operation are within business hours which are 8 am to 5 pm monday through saturday and are consistent with the commercial office zoning district the hours the applicant will be providing an air filtration system to be installed to mitigate any offensive odors to neighboring properties and and most specifically to other tenants in the tenant spaces adjacent to them the veterinary clinic will not board animals as required of section 5.534 c of the glendale zoning ordinance finally all of the applicable city departments have reviewed this application and recommend approval of the application staff recommends approval of cup 21-01 with the following stipulations development shall be in substantial conformance with the site plan dated january 25th 2021 and the project narrative dated january 12 2021 an air filtration system to mitigate offensive odors shall be installed prior to obtaining final certificate of occupancy that concludes my presentation um i will be happy to answer any questions you may have commissioners mr chair commissioner cole thank you for your presentation more a comment than a than a question the project narrative from the applicant has a concerning statement in there as far as i'm concerned about 5110 west northern avenue and i would just like to go on the record that i'm certainly hoping that the building safety and fire inspections are up to date on those properties the applicant's basically saving saying they're leaving their existing business which they've been in for years that's pretty close to my neighborhood and the reason they cite is that the landlord has poor management over the shopping center and the building structure is degrading making almost impossible to maintain a safe work environment for staff and customers that's just not something you usually see in a project narrative and and i really have concerns over the the condition of 5110 west northern so thank you for indulging me on that commissioners anything else chairman what's the tenant use to the adjoining suite do we know these are these are office spaces and they are there is two adjoining suites one is vacant and one is a medical office okay so it's possible that that is the reason that there wasn't anybody that came to the issue was there any discussion about sound mitigation you you addressed um offensive voters but did you address sound um i actually did not address sound and that's something that we could potentially stipulate if if that's something you would choose to go forward with you ever been in an office next to a barking dog not good do you want to make you think we should do that is that what you're saying i just was wondering if what staff's opinion of that is okay come on up did you fill out a speaker card oh you're the applicant good okay sir could you give me your name and address please yes my name is carolyn tatku 5125 west christie drive glendale 85304 thank you sir so we are we were in 50 51 10 the southwest corner of the intersection since 2000 since 1991 and because the situation with the building we elected to move across the street it's the southeast corner the entire building was vacant when we applied with the landlord so we were actually they were vacant for about three years all three suites so we were the first one to get approved by the landlord after we got approved on the suite number three there was a uh it's a lab it's not really a medical office it's a laboratory uh so that's uh they actually came after us after us they they rented the space after we got in there and the suite 2 is still vacant i think the landlord has had a hard time finding tenants in that specific corner we were the first ones to get approved by the landlord there thank you are you planning sound mitigation there i won't stipulate it i i don't have a problem with that i was just letting you know it might be if you're doing tentative improvements it might be a whole lot more expensive to do it after the fact than up front so yeah are you okay with that commissioner crow commissioners anything else airmen i would just simply say if the sweet two becomes occupied i don't think it would be fair for them to sound proof but i mean they're kind of i mean i don't know how that would be affected by the landlord or or could we put it in somewhere saying that you know he does not have to improve if suite 2 is occupied well i don't think we can do that i don't think that's legal we can't stipulate that they can't that the new person and the owner can't require something or get into a conversation with an existing tenant i don't think we have the authority to do that now if you want to stipulate something now well before we approve this and make it part of the stipulation that's one thing but i don't think we can come in after the fact legally and tell them what to do with their property mr gruber the commission yes that that's a correct statement and in conjunction with the applicant as well i would recommend treading carefully when you begin to talk about regulating matters that are essentially between a landlord and adjacent tenants right commissioners anything else anything else sir i just want to thank you the uh planning and the council for all the help everything went smooth and we were very happy with their help and okay i don't have any speaker cards but just to make sure is there anybody in the audience that would like to contribute anything else okay hearing none and seeing none i'm going to close the public hearing on kcup 21-04 do i hear a motion for cup 21-01 sorry about that and with the two stipulations in the staff report chairman i moved to approve cup 21-01 with the following two stipulations go ahead a second second okay i have a motion in a second all those in favor i opposed it passes unanimously now mr record do we have no other items okay okay uh anything from the commission you guys have anything to say anything you'd like to see on the next meeting the next workshop any input we're tired okay all right we will call the meeting adjourned thank you you