[00:00:01]
I WOULD LIKE TO CALL THE JUNE 26TH, 2024 MEETING OF THE CITY OF AVONDALE PLANNING COMMISSION TO ORDER.
MAY I HAVE A ROLL CALL, PLEASE? COMMISSIONER GRIM.
COMMISSIONER GRAHAM HAS AN EXCUSED AB ABSENCE, OR EXCUSE ME.
COMMISSIONER MCBURNEY HAS AN EXCUSED ABSENCE FOR TONIGHT.
[3. APPROVAL OF MINUTES]
HAS EVERYONE REVIEWED THE MINUTES OF THE MAY 15TH, 2024 MEETING? AND ARE THERE ANY CORRECTIONS? HEARING NONE? MAY I HAVE A MOTION? I'LL SECOND IT.WHO MADE THE MOTION? OH, I'M SORRY.
IN YOUR NAME, UH, FOR THE RECORDS.
COMMISSIONER WARREN, UH, HAS MADE THE MOTION.
DO I HAVE A SECOND? DENISE STANFIELD SECONDS THE MOTION.
AND, UH, MAY WE HAVE A ROLL CALL? VOTE MM-HMM.
THE MOTION PASSES UNANIMOUSLY.
[a. Avondale Fire Station No. 171 – Rezoning – Application PL-23-0349]
STAFF, MAY I HAVE THE REPORT FOR ITEM FOUR A FOUR A GOOD EVENING CHAIR, VICE CHAIR, AND COMMISSIONERS.MY NAME IS SYLVIA WILLEM, AND I'M A PLANNER WITH THE DEVELOPMENT SERVICES DEPARTMENT.
THE ITEM BEFORE YOU, UH, TONIGHT IS THE AVONDALE FIRE STATION NUMBER 1 71 REZONE APPLICATION PL 23 9.
THE PURPOSE OF THIS ITEM IS TO REVIEW A PROPOSED REZONE FOR A CITY OWNED PROPERTY FOR MULTIFAMILY RESIDENTIAL R THREE TO OLD TOWN AVONDALE OAB, A ZONING DISTRICT TO ALLOW FOR A PUBLIC USE, IN THIS CASE THE AVONDALE FIRE STATION NUMBER 1 71 TO CONDUCT A PUBLIC HEARING AND TO FORWARD A RECOMMENDATION TO CITY COUNCIL.
THE SITE IS LOCATED BETWEEN FIFTH AND SIXTH STREET FACING BELMONT DRIVE, AND IT IS OUTLINED IN RED ON THE CURRENT SLIDE.
IT IS ABOUT 1.8 ACRES IN SIZE AND WAS ANNEXED INTO THE CITY'S CORPORATE LIMITS ON DECEMBER 15TH, 1946.
IT WAS ZONED MULTIFAMILY RESIDENTIAL R THREE.
UPON ANNEXATION, IT IS CURRENTLY BEING USED AS THE EXISTING FIRE STATION NUMBER 1 71.
ON THE CURRENT SLIDE ARE A COUPLE PHOTOS OF THE SITE AND THE EXISTING FIRE STATION AS IS CURRENTLY.
THE FIRST IS LOOKING SOUTH FROM THE CORNER OF FIFTH STREET AND BELMONT DRIVE, AND THE SECOND IS LOOKING NORTH FROM FIFTH STREET.
THE GENERAL PLAN DESIGNATION FOR THE PROPERTY IS OLD TOWN.
THE SURROUNDING GENERAL PLAN LAND USE DESIGNATIONS ARE AS FOLLOWS TO THE WEST, SOUTH, AND EAST IS OLD TOWN.
TO THE NORTH OF THE EXISTING FIRE STATION IS PUBLIC, CIVIC, OPEN SPACE AND PARKS.
AND NORTH OF WESTERN AVENUE IS OLD TOWN IN TERMS OF ZONING DISTRICTS TO THE NORTH AND EAST OF THE SITE.
IS TTAB A ONE TO THE BOTTOM, SOUTHEAST CORNER AND R THREE TO THE SOUTH AND WEST, INCLUDING THE SITE ITSELF.
THE REZONE REQUEST IS TO REZONE THE PROPERTY FROM MULTI-FAMILY RESIDENTIAL R THREE TO OLD TOWN AVONDALE OAB BUSINESS DISTRICT, WHICH IS SHOWN IN THE AQUA GREEN COLOR RIGHT HERE ON THE MAP.
THE ARCHITECTURAL RENDERING DEMONSTRATES THE VIEW SOUTHWEST FROM WESTERN AVENUE.
THE SITE WILL BE SIGNIFICANTLY IMPROVED WITH ROOF HEIGHT VARIATIONS, PUBLIC ART INCORPORATION, AND VAST LANDSCAPING.
THE DESIGN WILL ALSO FEATURE MASONRY WALLS WITH EARTH, EARTH TONES, AND GRAY ACCENTS.
THE ARCHITECTURE WILL ALSO REFLECT A MODERN DESIGN AND PROMOTE PEDESTRIAN ACTIVITY.
[00:05:05]
IN TERMS OF ANALYSIS.PUBLIC USES INCLUDING UTILITY BUILDINGS, STRUCTURES, AND FACILITIES AND EQUIPMENT ARE PERMITTED IN THE OAB ZONING DISTRICT.
THE PROPOSED ZONING DISTRICT, OAB IS MORE SUITABLE THAN R THREE FOR THE EXISTING AND PROPOSED USES OF THE PROPERTY.
BY REZONING, THE PROPERTY WILL BE BROUGHT INTO ZONING CONFORMANCE.
ADDITIONALLY, THE PROPOSED REZONING SEVERAL, UH, FURTHER SEVERAL GOALS IN THE GENERAL PLAN.
ONE GOAL IS THE PUBLIC BUILDING SERVICES AND FACILITIES ELEMENT WHERE GOAL NUMBER ONE MENTIONS PROVIDING EFFECTIVE AND EFFICIENT PUBLIC SAFETY SERVICES AND FACILITIES THROUGHOUT AVONDALE.
AND GOAL NUMBER FIVE, WHICH FOCUSES ON DESIGNING, CONSTRUCTING, AND MAINTAINING PUBLIC BUILDINGS AND CREATING A SENSE OF PRIDE IN THE COMMUNITY.
IN THIS INSTANCE, THE GOAL TO INVEST, MAINTAIN, AND RESTORE AND ENHANCE PUBLIC BUILDINGS AND FACILITIES WILL BE MET.
FINALLY, THE PROPOSED REZONING RESULTS AND COMPATIBLE LAND USE RELATIONSHIPS.
AN ADEQUATE PUBLIC INFRASTRUCTURE FOR THE PROPOSED DEVELOPMENT PRESENTLY EXISTS OR WILL BE CONSTRUCTED BY THE CITY.
AS FAR AS PUBLIC PARTICIPATION AND NOTICING, UH, THERE WAS A NEIGHBORHOOD MEETING HELD ON APRIL 9TH OF THIS YEAR AT THE RESOURCE CENTER.
THERE WAS ONE ATTENDEE FROM THE GENERAL PUBLIC.
THERE WERE ALSO TWO COMMENTS RECEIVED VIA EMAIL AND THERE WERE NO COMMENTS RECEIVED VIA AVONDALE CONNECT.
THE NEIGHBORHOOD MEETING ATTENDEE WAS A NEIGHBOR TO THE FIRE STATION AND HAD QUESTIONS REGARDING THE NEW AESTHETIC OF THE BUILDING, THE TIMELINE OF THE PROJECT, UM, AND IF THERE WOULD BE MORE FIRE TRUCKS INCORPORATED, THERE WILL NOT BE, UH, ANY MORE FIRE TRUCKS INCORPORATED.
AND THE PROJECT IS EXPECTED TO GO UNDER CONSTRUCTION ON DECEMBER OF THIS YEAR THROUGH JANUARY, 2025, AND IS EXPECTED TO TAKE AROUND A YEAR.
THE TWO COMMENTS RECEIVED VIA EMAIL ASKED CLARIFYING QUESTIONS AND WERE NEITHER IN SUPPORT OR OPPOSITION.
ONE CITIZEN INQUIRED ABOUT THE EXISTING POLICE SUBSTATION AND WHAT THE EFFECTS WOULD BE FOR THIS CONSTRUCTION.
THEY WERE INFORMED THAT THE AVONDALE POLICE SUBSTATION IS CURRENTLY BEING CONSTRUCTED ON 50 NORTH ELLIE, CLC FELIX JUNIOR WEIGHT ADJACENT TO THE AVONDALE RESOURCE CENTER.
THE FINAL CITIZEN ASKED IF THERE WOULD BE ADDITIONAL FIRE TRUCKS.
AS PREVIOUSLY MENTIONED, THERE WILL NOT, AND IF THE ROOMS ADDED AS DORMITORY SPACE TO THE FIRE STATION WOULD BE USED BY THE PUBLIC, THEY WERE INFORMED THAT THEY ARE FOR FIREFIGHTERS ONLY.
AND WITH THAT STAFF RECOMMENDS APPROVAL OF THE FOLLOWING REZONE APPLICATION, PL DASH 23 DASH 0 3 4 9, A REQUEST TO REZONE CITY OWNED LAND LOCATED SOUTH OF THE SOUTHWEST CORNER OF WESTERN AVENUE AND SIXTH STREET FROM R THREE TO OTAB DISTRICT.
THAT CONCLUDES MY PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS.
AND SINCE THE CITY IS, HAVE ANY, UH, QUESTIONS FROM PRESENTATION? THAT'S CORRECT.
WE HAVE NOT RECEIVED ANY REQUEST TO SPEAK, BUT IF THERE IS ANYONE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK, YOU MAY COME UP STATE.
I'LL NOW CLOSE THE PUBLIC HEARING.
ANY FURTHER QUESTIONS FOR THIS QUESTION? NONE.
UM, WHAT'S ON THE SCREEN, PLEASE? THIS IS COMMISSIONER AES CASTILLO, UH, MOTION TO RECOMMEND APPROVAL OF APPLICATION PL DASH 23 DASH 0 3 4 9 AVONDALE FIRE STATION.
SHOULD I READ THE REST OF IT OR, OKAY.
A REQUEST TO REZONE APPROXIMATELY 1.8 GROSS ACRES OF LAND LOCATED SOUTH, SOUTH OF THE SOUTHWEST CORNER OF WESTERN AVENUE AND SIXTH STREET FROM R DASH THREE MULTIFAMILY RESIDENTIAL TO OLD TOWN AVONDALE BUSINESS DISTRICT OAB, SUBJECT TO ONE CONDITION OF APPROVAL AS LISTED IN THE STAFF REPORT.
MAY I HAVE A SECOND? I'LL SECOND IT.
THIS IS COMMISSIONER WARREN, PLEASE.
[00:10:01]
APPROVE.THE MOTION PASSES UNANIMOUSLY.
[a. Training Workshop]
NEXT UP IS ITEM FIVE A, A TRAINING WORKSHOP AND CATHERINE WILL BE STARTING THIS OFF.JUST TAKE ME A MOMENT TO FIND MY PRESENTATION.
SO I AM HERE TONIGHT TO KICK OFF A DISCUSSION ABOUT, UH, CONDITIONAL USE PERMITS.
SO I'M GONNA PROVIDE YOU A BRIEF OVERVIEW, AND THEN I'M GOING TO, UM, HAVE THE CITY ATTORNEY'S OFFICE, UH, SHARE THEIR PERSPECTIVE ON THIS TOPIC.
SO, AS YOU KNOW, UH, THE CITY COUNCIL DELEGATED, UH, THE AUTHORITY TO APPROVE CONDITIONAL USE PERMITS TO THE PLANNING COMMISSION.
SO A CONDITIONAL USE PERMIT IS A CON, A REQUEST FOR CONDITIONAL APPROVAL OF A USE AS COMPARED WITH A PERMANENT USE BY, RIGHT.
SO WE OFTEN CALL THEM CS, SO I'M GONNA USE THAT TONIGHT.
CPU CS HAVE TIMELINES AND THEY HAVE CONDITIONS TO MEET.
LOCAL GOVERNMENTS OFTEN ESTABLISH CONDITIONAL USES AS A TECHNIQUE, UM, IN OUR ZONING ORDINANCE TO GIVE US SOME FLEXIBILITY.
AND BECAUSE, UM, SOMETIMES SPECIAL STANDARDS ARE DES ARE USED, UM, FOR USES THAT YOU MAY DESIRE IN YOUR COMMUNITY.
ANOTHER TRADITIONAL PURPOSE OF A CONDITIONAL USE PERMIT IS TO ENABLE THE CITY TO CONTROL CERTAIN USES THAT MIGHT HAVE DETRIMENTAL EFFECTS ON THE COMMUNITY.
SO, AS A RULE, CONDITIONAL USE PERMITS DO NOT AUTHORIZE USES THAT ARE NOT IN OUR ZONING ORDINANCE, AND THEY MAY INCLUDE CONDITIONS THAT LIMIT THE APPLICANT'S ABILITY TO USE THEIR PROPERTY.
SO THERE MIGHT BE A LIMIT, FOR EXAMPLE, ON THE HOURS OF OPERATION.
SO OUR AVONDALE ZONING ORDINANCE CONTAINS TABLES LIKE THE ONE HERE, UH, SHOWING WHETHER A LAND USE IS ALLOWED BY RIGHT WHERE YOU WOULD SEE A, THE LETTER P OR IF IT APPROVAL OF A CONDITIONAL USE PERMIT IS REQUIRED.
AND THAT'S WHERE YOU SEE THE LITTLE C.
SO HERE'S AN EXAMPLE FROM OUR COMMERCIAL ZONING DISTRICTS WHERE, UM, YOU CAN SEE WHERE A C IS LISTED THAT WOULD TRIGGER THE REQUIREMENT FOR A CONDITIONAL USE PERMIT.
SO THE ZONING CODE MAY CONTAIN ADDITIONAL STANDARDS, UM, THAT ARE INCLUDED IN ORDER FOR A CUP TO BE APPROVED.
FOR EXAMPLE, LET'S SAY YOU HAVE A GAS STATION AND IT MAY BE PERMITTED AS A CONDITIONAL USE AS LONG AS THE SERVICE BAYS OF THE GAS STATION ARE NOT VISIBLE OR DON'T FACE RESIDENTIAL PROPERTIES.
THAT WOULD BE AN EXAMPLE OF A STANDARD IN THE CODE.
ANOTHER EXAMPLE IS MAYBE MANY STORAGE WAREHOUSES WHERE THEY MAY BE PERMITTED AS A CONDITIONAL USE WHEN THEY ARE FOR INDOOR STORAGE ONLY.
SO THE ZONING CODE ESSENTIALLY GIVES US THAT FRAMEWORK FOR WHEN USES REQUIRE AN EXTRA LEVEL OF REVIEW.
SO A LITTLE BIT ABOUT THE PROCESS.
WHEN A PROJECT IS FIRST CONCEIVED, UM, THE APPLICANT MUST SUBMIT FOR A PRE-APPLICATION, AND THAT REALLY GIVES OUR TEAM A PRELIMINARY LOOK AT WHAT THEY'RE THINKING ABOUT.
STAFF WILL GIVE THEM FEEDBACK AT THIS STAGE ABOUT WHAT THE PROCESS IS, AND THEN WE'LL PROVIDE SOME TECHNICAL DETAILS MAYBE ABOUT THE SITE, LIKE, UM, WATER AND SEWER LINES, WHERE THEY'RE LOCATED, UM, ACCESS, ET CETERA.
THEY TAKE THAT INFORMATION AWAY AND THEN THEY COME BACK WITH A FORMAL APPLICATION.
BUT JUST BECAUSE THEY FILED FOR A CUP
[00:15:01]
DOESN'T GUARANTEE THAT THEY'RE GONNA GET APPROVAL.SO BEFORE THAT ITEM COMES TO YOU AT THE PLANNING COMMISSION, IT IS THE APPLICANT WILL HOST A NEIGHBORHOOD MEETING, AND THAT'S THEIR OPPORTUNITY TO PRESENT TO CITIZENS WHO'VE BEEN NOTIFIED ABOUT THE PROJECT.
AND THAT'S WITHIN THE THOUSAND FOOT RADIUS IS THEIR NOTIFICATION AREA.
SO AFTER THAT NEIGHBORHOOD MEETING, THAT'S WHEN STAFF WILL PREPARE THE REPORT, WHICH WE'LL EVALUATE THE APPROPRIATENESS OF THE PROPOSED LAND USE.
UM, WE'LL LOOK AT THE LOCATION, HOW THE USES ARE GONNA BE PUT INTO PLACE, UM, AND JUST THE OVERALL QUALITY OF THE PROJECT DESIGN.
UM, SO THERE MAY BE SOME LOCATIONS THAT ARE NOT APPROPRIATE FOR A PARTICULAR CONDITIONAL USE.
UH, THEN THE ITEM WILL COME TO PLANNING COMMISSION FOR THE PUBLIC HEARING.
SO BEFORE I HAND IT OFF THE TRAINING TO THE CITY ATTORNEY'S OFFICE, I JUST WANTED TO OFFER A FEW SUGGESTIONS ABOUT PREPARING FOR A CUP HEARING.
YOU KNOW, IF YOU, IF YOU HAVE, UM, THE ABILITY, YOU CAN PRINT OUT THE PACKET AHEAD OF TIME OR YOU CAN DOWNLOAD IT ONTO YOUR LAPTOP OR IPAD OR PHONE, YOU KNOW, AND GO AHEAD AND TAKE THE TIME TO STUDY.
AND IF YOU HAVE QUESTIONS OR IF YOU HAVE NOTES, UM, YOU KNOW, REACH OUT TO US IN ADVANCE.
SO, YOU KNOW, SOMETIMES WE CAN ANSWER, UM, YOU KNOW, A SIMPLE QUESTION THAT YOU HAVE AT AHEAD OF TIME WITH A PHONE CALL.
YOU KNOW, GIVE US A CALL, ESPECIALLY IF YOU FEEL LIKE YOU'RE, YOU'RE, YOU'RE, YOU'RE INCLINED NOT TO SUPPORT WHAT'S BEING PROPOSED.
UM, AND WE CAN HELP YOU DETERMINE WHETHER THE TOPIC, UM, IS RELATIVE TO THE CUP PROCESS WHEN YOU'RE MAKING YOUR DECISION.
IT HAS TO BE BASED ON THE FIVE FINDINGS.
AND THE CITY ATTORNEY'S OFFICE IS GONNA GO INTO MORE DETAILS.
BUT I JUST WANNA SHARE THAT IT'S IMPORTANT THAT YOU DO NOT VOICE ISSUES OUTSIDE THE SCOPE OF THE FINDINGS.
SO PLEASE REMEMBER, WE'RE NOT DECIDING WHETHER THERE'S A NEED FOR THE USE PER SE IN THE COMMUNITY.
SO ANY PERSONAL OPINIONS THAT YOU HAVE ABOUT THE, WHETHER THE COMMUNITY HAS ENOUGH OF X AND MAYBE X'S NUMBER OF LIQUOR STORES, OR NUMBER OF SMOKE SHOPS, OR CAR WASHES OR GAS STATIONS, YOU NAME IT, WHATEVER, COULD BE A CONDITIONAL USE.
YOU, THE NEED FOR THE USE IS NOT ONE OF THE FINDINGS.
AND COMMUNICATION IS KEY, UM, FOR YOU TO LEARN ABOUT THE PROJECT AND DO THE DO YOUR JOB WELL.
SO READING AND PREPPING AHEAD OF TIME WILL REALLY HELP THE MEETING RUN SMOOTHLY.
SO WITH THAT, I, I WANNA TAKE THIS OPPORTUNITY TO THANK YOU FOR YOUR SERVICE AND KNOW, PLEASE KNOW THAT STAFF IS HERE TO SUPPORT YOU, AND TOGETHER WE'RE BUILDING A GREAT COMMUNITY.
AND NOW I'D ASK THE, UH, CITY ATTORNEY'S OFFICE TO GIVE YOU THEIR PERSPECTIVE.
I ACTUALLY REALLY APPRECIATE THAT.
UM, SO MY NAME IS MARY GRACE MCNAIR AND I'M AN ASSISTANT CITY ATTORNEY.
UM, I, THERE ARE, UH, THE CITY ATTORNEY'S OFFICE HAS FIVE EXCELLENT LAWYERS, AND I'M JUST ONE.
WE ALSO HAVE A SENIOR PARALEGAL AND AN ADMIN STAFF.
UM, WE HAVE, WE TOGETHER WE REPRESENT THE CITY IN ALL OF ITS LEGAL MATTERS.
UH, DON'T, DON'T TELL ANYBODY ABOUT TOO MUCH ABOUT IT BECAUSE EVERYBODY WOULD WANNA DO IT, THEN IT'S, IT'S REALLY FANTASTIC JOB.
SO I USED TO WORK HERE, UM, UNTIL ABOUT TWO YEARS AGO WHENEVER I WENT OUT INTO PRIVATE PRACTICE FOR A SHORT STINT.
AND I LIKE IT SO MUCH HERE THAT I CAME BACK WHEN ANOTHER POSITION OPENED UP.
UM, ALL OF MY PRACTICE HAS BEEN CONCENTRATED IN LAND USE, PLANNING AND ZONING, REAL ESTATE AND CONSTRUCTION LAW.
SO THOSE ARE THE CLIENT DEPARTMENTS I REPRESENT.
UM, TODAY WE'RE GOING TO DISCUSS SOME NEW, UM, JURISDICTION GIVEN TO THE PLANNING COMMISSION.
AND LET ME SEE IF I CAN, OH, THERE WE GO.
AS CATHERINE MENTIONED, THE COUNCIL HAS RECENTLY, UH, GIVEN THE PLANNING COMMISSION RESPONSIBILITY TO APPROVE OR DENY CONDITIONAL USE PERMITS.
BUT WE'RE GONNA START AT THE BEGINNING FOR ONE SLIDE.
AND I'M GONNA TALK A LITTLE BIT ABOUT THE ENABLING LEGISLATION FOR THE PLANNING COMMISSION.
THE P THE PLANNING COMMISSION IS ESTABLISHED BY BOTH STATUTE AND CODE, AND YOU CAN SEE THE KIND OF THE OVERLAPPING, UH, RESPONSIBILITIES THERE UNDER THE STATUTE.
UM, YOU ARE TASKED WITH MAINTAINING THE GENERAL PLAN, DEVELOPING SPECIFIC PLANS, REVIEWING THE CIP PERIODICALLY
[00:20:01]
AND PERFORMING ANY OTHER FUNCTIONS PROVIDED FOR BY THE COUNCIL.THE AVONDALE MUNICIPAL CODE, WHICH I COMMEND TO YOUR READING SOMETIME WHEN YOU WANNA, UM, AS A HEDGE AGAINST INSOMNIA, PERHAPS, UM, THAT ADDS THE, UH, RESPONSIBILITIES THAT THE COUNCIL HAS ASKED YOU TO REVIEW AND DECIDE.
SO YOU REALLY ARE A RECOMME BOARD.
YOU'RE SUPPOSED TO STUDY AND ADVISE THE COUNCIL ON MATTERS TO ON MATTERS REGARDING BOTH PLANNING AND THE GENERAL PLAN AND ZONING OR CHANGING THE, THE CITY'S ZONING MAP.
AND YOU HOLD PUBLIC HEARINGS TO TAKE CARE OF THE ZONING PART.
THIS IS GENERALLY AN ADVISORY BOARD.
THAT MEANS YOU MAKE A RECOMMENDATION TO, TO THE CITY COUNCIL ON A MATTER THAT IS WHAT'S CALLED LEGISLATIVE.
SO JUST LIKE THE FEDERAL GOVERNMENT, THE CITY GOVERNMENT HAS A SEPARATION OF POWERS.
THEY HAVE A LEGISLATIVE POWER THAT THE COUNCIL GOES FORWARD AND MAKES LAW, AND THEN THEY HAVE AN ENFORCEMENT ARM, WHICH IS THE CITY MANAGER AND ALL THE DEPARTMENTS WE IMPLEMENT THE LAW, THE ORDINANCE.
AND THEN YOU HAVE THE JUDICIARY, WHICH IS THE CITY COURT.
BUT THIS IS GENERALLY A LEGISLATIVE BOARD.
SO YOU'RE REVIEWING THINGS AND MAKING RECOMMENDATIONS TO THE CITY COUNCIL.
IN THE CUP CONTEXT, THOUGH, YOU ARE A QUASI-JUDICIAL BOARD, AND WE'LL TALK ABOUT THAT MORE AS WE GO ALONG.
SO, UM, UNDER THE AVONDALE ZONING ORDINANCE, UM, YOU'VE GOT ADMINISTRATIVE PROCEDURES AND IN SECTION ONE, AND THAT TALKS ABOUT PLANNING AND, AND ZONING FUNCTIONS AND ADMINISTRATION AND ENFORCEMENT.
YOU ARE SUPPOSED TO FOLLOW THE COUNCIL RULES OF PROCEDURE, BUT THIS BOARD ALSO HAS BYLAWS.
SO I THINK FRANKLY, THE BYLAWS ARE A LITTLE BETTER SUITED TO YOUR OPERATIONS.
BUT I COMMEND IT TO YOU AGAIN, BOY, YOU KNOW, IF YOU JUST REALLY WANNA HAVE THIS ON YOUR BEDSIDE AND, YOU KNOW, UNLESS YOU HAVE A REAL INTEREST IN PROCEDURE, I WOULD SUGGEST THAT, UM, CHAIR WHITE, UM, I WOULD TAKE A LOOK AT THE COUNCIL RULES OF PROCEDURE 'CAUSE YOU DON'T REALLY WANNA BE RUNNING AFOUL OF THOSE, BUT THEY ALSO CAN BE RELAXED AND YOU HAVE TO KIND OF FOLLOW YOUR BYLAWS TOO.
SO, UM, YOU HAVE THOSE TWO THINGS WHICH KIND OF GOVERN YOUR OPERATIONS.
SO TALKING ABOUT CUP JURISDICTION, UM, CATHERINE JUST DESCRIBED TO YOU WHAT A CONDITIONAL USE IS.
UM, IT'S A REQ, IT'S A USE THAT REQUIRES A SITE SPECIFIC REVIEW AND ANALYSIS.
AND THE, THE REVIEW AND ANALYSIS IS REQUIRED TO DETERMINE IF THE LOCATION, DESIGN, SCALE, AND OPERATION OF THE PROPOSED USE IS APPROPRIATE TO THE LOCATION.
NOW, I KNOW THAT'S A LOT OF JARGON, BUT I, BUT THAT'S RIGHT OUT OF THE CODE.
SO WHEN YOU ARE ACTING IN YOUR QUASI-JUDICIAL CAPACITY, YOU ARE BOUND BY THE FACTS THAT ARE PRESENTED AND THE LAW THAT YOU HAVE TO COMPARE IT AGAINST.
SO THAT'S WHAT CATHERINE WAS, WAS REFERRING TO OR ALLUDING TO WHEN SHE SAID, YOU KNOW, YOUR PERSONAL PREFERENCES, THINGS OUTSIDE OF THE PRESENTATION FOR THE PURPOSES OF REVIEWING A CUP, THAT REALLY SHOULDN'T COME INTO PLAY.
YOU'RE MAKING A QUASI-JUDICIAL DETERMINATION HERE, WHICH IS DIFFERENT FROM THE REST OF THE THINGS THAT YOU DO.
SO YOU SEE WHY IT, THESE USES REQUIRE A MORE SPECIFIC, A MORE, UM, RIGOROUS ANALYSIS TO DETERMINE WHETHER THEY SHOULD, SHOULD GO IN THAT SPOT ON THAT SITE.
AND AS SHE MENTIONED, THEY, BY THE TIME THE MATTER GETS TO YOU, THERE WILL HAVE BEEN A NEIGHBORHOOD MEETING AND ALL KINDS OF NOTIFICATION OF THE NEIGHBORHOOD.
SO YOU MAY HAVE PEOPLE IN THE NEIGHBORHOOD AGAINST THE CUP AND THE APPLICANT FOR THE CUP.
SO THE EVEN THE MEETING WILL SHAPE UP A LITTLE DIFFERENTLY THAN WHAT YOU NORMALLY DO.
OKAY? SO I APOLOGIZE FOR ALL THE TEXT ON THIS ON THIS SLIDE.
UM, BUT LET'S TALK THROUGH IT.
UM, YOU HAVE TO, YOU CAN ONLY APPROVE A CONDITIONAL USE PERMIT IF ALL OF THE FINDINGS ARE MET AND YOUR DECISION WILL COME OUT IN A SERIES OF FINDINGS AND CONCLUSIONS.
UM, THE APPLICANT HAS THE BURDEN OF PROOF TO PROVE TO YOU THAT MORE LIKELY THAN NOT, THIS USE SHOULD BE ALLOWED.
THE FIRST THREE FACTORS ARE ABOUT THE GENERAL PLAN AND THEY REFERENCE THE GENERAL PLAN.
SO IT SHOULD BE CONSISTENT WITH THE LAND USE DESIGNATION AND THE GENERAL PLAN AND, AND LOOK AT HOW SPECIFIC THESE THINGS ARE.
WHEN YOU REVIEW A ZONING CASE FOR A REZONING, YOUR DISCRETION AND YOUR ANALYSIS IS VERY WIDE RANGING, BUT NOT SO HERE.
[00:25:01]
ARE VERY SPECIFIC FACTORS, RIGHT? SO YOU'LL SEE WHEN WE HAVE ONE OF THESE MEETINGS THAT THE STAFF AND THE LAWYER STARTS TO GET A LITTLE NERVOUS IF YOU START TO STRAY OFF OF THESE FACTORS.SO LET THAT ALWAYS REMEMBER, YOU REALLY NEED TO COME BACK ALWAYS TO THESE FACTORS.
SECOND, THE CITY'S GENERAL PLANS ARE THE CITY'S GENERAL PLAN POLICIES ARE FURTHERED BY THIS USE.
AND THE GRANTING THE APPLICATION AND IT BE, WOULD BE CONSISTENT WITH THE CHARACTER AREA DESIGNATED IN THE GENERAL PLAN.
THIS, THE LAST TWO, UM, REQUIREMENTS ARE REALLY ZONING AND COMPATIBILITY REQUIREMENTS.
UM, THE USE HAS TO BE COMPATIBLE WITH OTHER ADJACENT AND NEARBY LAND USES.
THIS IS WHERE YOU'LL HAVE THE NEIGHBORS COME IN AND SAY, YOU KNOW, THAT REALLY DOESN'T FIT WITH OUR NEIGHBORHOOD, YOU KNOW, UM, AND THE FOURTH, THE FIFTH ONE IS, IT WILL NOT BE DETRIMENTAL TO PERSONS RESIDING OR WORKING IN THE AREA ADJACENT PROPERTY, THE NEIGHBORHOOD OR THE PUBLIC WELFARE IN GENERAL.
SO AGAIN, THIS IS LESS SPECIFIC, IT'S MORE BROAD, BUT THIS IS WHERE YOU CONSIDER THE NEIGHBORS, UM, CONCERNS.
NOW, YOU CAN EXPECT THEM TO ATTEND AND EXPRESS THEIR OPINIONS, AND YOU SHOULD CONSIDER THAT WITH THE SAME WEIGHT THAT YOU GIVE FOR TO THE APPLICANT.
OR, YOU KNOW, WHATEVER WEIGHT YOU DEEM IS, IS APPROPRIATE.
IF YOU FIND THAT, IF YOU'RE THINKING, WELL, THAT'S KIND OF OFF THE TRACK, THAT'S OKAY.
YOU'RE ALLOWED TO EVALUATE THOSE PUBLIC COMMENTS.
THAT'S WHAT YOU'RE DOING IN THIS SITUATION.
REMEMBER, YOU'RE ALLOWING A USE THAT REQUIRES SOME SPECIAL PROVISIONS AND ANALYSIS IN ORDER TO FIT INTO THE CONTEXT OF THE NEIGHBORHOOD.
OKAY? THAT'S OVERALL WHAT YOU'RE DOING, OKAY? THE REQUIRED, THE P THE PLANNING COMMISSION HAS TO MAKE FINDINGS.
BUT THE PLANNING COMMISSION ALSO HAS TO MAKE FINDINGS BECAUSE YOU'RE QUASI-JUDICIAL, YOU HAVE TO SAY, BECAUSE YOU'RE GONNA GO ON THE, THE WHO, WHATEVER YOUR DECISION IS, SOMEBODY COULD APPEAL THAT, RIGHT? AND SO WHEN IT GOES TO THE CITY COUNCIL, YOU WANT THE CITY TO COUNCIL TO KNOW, AND YOU HAVE TO HAVE A GOOD RECORD.
SO PART OF MAKING A GOOD RECORD IS THAT YOU HAVE FINDINGS OF FACT.
UM, AND THOSE HAVE TO BE, AGAIN, VERY SPECIFIC.
YOU HA IF YOU GRANT THE CUP, IF YOU FIND THAT ALL THOSE FIVE FACTORS ARE MET, THEN YOU HAVE TO MAKE A FINDING AND YOU, YOU PUT IT ON THE LINE AND YOU SAY, WE AS A BOARD DECIDED THAT THE PRO THE SITE IS ADEQUATE TO ACCOMMODATE THIS USE, UM, INCLUDING ALL THOSE FACTORS THERE ON THE SCREEN, AND THAT IT HAS APPROPRIATE ACCESS TO PUBLIC STREETS WITH ADEQUATE CAPACITY TO CARRY THE TRAFFIC THAT IT'S GONNA GENERATE.
THINK ABOUT THIS AGAIN, THIS IS THE, IN THE CONTEXT OF YOUR NEIGHBORHOOD, IS THIS USE CORRECT? AND THAT ADEQUATE CONDITIONS HAVE BEEN INCORPORATED INTO THE APPROVAL TO ENSURE THE MITIGATION OF ANY DETRIMENTAL EFFECTS ON THE NEIGHBORS.
SO IT'S REALLY GREAT BECAUSE YOU CAN PUT CONDITIONS ON THIS AND WE CAN GIVE YOU, WHEN THE TIME COMES, WE WILL GIVE YOU ADVICE ABOUT THAT.
SO LET'S TALK ABOUT SOME TIPS AND NOTES.
PLEASE FOLLOW THE RULES OF PROCEDURE AND YOUR BYLAWS.
THAT'S THE WAY WE HAVE A CLEAN RECORD.
AND WE LIKE TO KNOW THAT EVERY TIME YOU CONSIDER SOMETHING LIKE THIS, YOU'RE GONNA DO IT IN THE SAME WAY.
THE THE APPLICANTS ARE ENTITLED TO THAT.
AND IN A QUASI-JUDICIAL, UH, PROCEEDING, THAT'S VERY IMPORTANT.
UM, PLEASE BE IMPARTIAL UNTIL IT'S TIME TO DECIDE.
THIS IS NOT LIKE A PLANNING COMMISSION DECISION WHERE YOU CAN TAKE IN ALL THIS INFORMATION, HAVE A LOT OF IDEAS ABOUT WHERE YOU'RE GONNA GO ON IT.
THIS IS A, THIS IS SOMETHING THAT REQUIRES YOU NOT TO TAKE A SIDE UNTIL IT'S, UNTIL YOU'VE HEARD EVERYTHING THAT IS ON THE RECORD.
UM, PLEASE FEEL FREE TO ASK ASK QUESTION OF, OF THE APPLICANT AND THE STAFF, PARTICULARLY THE STAFF AND THE ATTORNEYS.
THIS IS, YOU KNOW, OFTEN THIS WILL BE FOR A WHILE, A LITTLE BIT UNUSUAL FOR YOU, THE CUP PROCESS.
SO LET THE STAFF, THE STAFF IS YOUR BEST FRIEND IN THIS SITUATION.
THEY'RE GONNA, YOU CAN CONTACT THEM AHEAD OF TIME, YOU CAN TALK TO THEM.
THEY LOVE TO TALK TO YOU ABOUT THIS STUFF.
SORRY, I DIDN'T MEAN TO SAY YOU'RE LONG-WINDED.
JUST THAT THEY, THEY ARE WAITING FOR YOU TO CONTACT THEM AND HAVE A CONVERSATION.
UM, MAKE SURE ON THE RECORD THAT YOU STATE YOUR CONCERNS, ESPECIALLY IF YOU'RE INCLINED TO VOTE AGAINST.
AGAIN, THAT'S GONNA BE, UM, PART OF THE RECORD.
[00:30:01]
AND AGAIN, I'VE SAID THIS A MILLION TIMES, AND SO IS CATHERINE, BUT IT HAS TO BE BASED ON THE FACTS AND THE ARGUMENT THAT YOU HEAR ON THE RECORD.YOU HA IF YOU VOTE NO, BE SURE TO STATE YOUR REASONS.
AND, UM, IN TERMS OF RECEIVING INFORMATION, YOU SHOULD NOT BE LOBBIED BY THE APPLICANT OR BY NEIGHBORS.
OKAY? THAT, AGAIN, IS DIFFERENT THAN WHEN YOU SIT IN YOUR LEGISLATIVE CAPACITY.
UM, WHEN I WAS IN PRIVATE PRACTICE, FOR EXAMPLE, I WOULD CONTACT THE PLANNING COMMISSION ALL THE TIME AND I WOULD SAY, HEY, I'VE GOT A CASE ON YOUR AGENDA.
IS THERE ANY INFORMATION I CAN GIVE YOU? HERE'S WHAT I THINK ARE THE ISSUES.
STAFF'S BEEN GREAT, BUT THEIR RECOMMENDATION, THEY'RE RECOMMENDING THIS CONDITION AND WE DON'T LIKE IT.
UM, BUT IN A QUASI-JUDICIAL SETTING, I AM, I'M PROHIBITED FROM CONTACTING YOU THAT WAY.
AND, BUT SOME PEOPLE MAY NOT KNOW.
SO IF YOU'RE CONTACTED, JUST BE POLITE AND SAY, I'M SORRY, I CAN'T TALK ABOUT THIS CASE WITH YOU.
AND BE SURE TO LET THE STAFF KNOW THAT YOU WERE, THAT SOMEONE MADE CONTACT WITH YOU.
UM, IN THIS CAPACITY, WE WANT YOU TO REMAIN NEUTRAL UNTIL YOU'RE MAKING A DECISION AND THE TIME OF THE HEARING.
UM, SO THE OBJECTIVE IS TO CREATE A CLEAN RECORD FOR APPEAL TO THE COUNSEL AND OR THE SUPERIOR COURT.
UM, WHEN YOU MAKE A DECISION, IT CAN BE APPEALED TO THE COUNSEL.
WHEN THE COUNSEL MAKES A DECISION, THAT DECISION CAN BE CHALLENGED IN SUPERIOR COURT BECAUSE IT'S QUASI-JUDICIAL IN NATURE.
THAT CHALLENGE, EVEN AT THE SUPERIOR COURT, WILL BE BASED ON THE RECORD OF THE PROCEEDINGS BELOW.
SO THAT'S WHY I AM ALL WORKED UP ABOUT THAT, RIGHT? IF YOU HEAR A BUNCH OF THINGS THAT IS EX THAT ARE EXTRANEOUS TO THE CASE, ALL THOSE THINGS WILL FOLLOW YOU UP ON APPEAL, AND THEN WE HAVE TO DEAL WITH IT WHETHER WE LIKE IT OR NOT.
IF YOU STICK TO YOUR FIVE FACTORS, THAT'S THE BEST WAY TO CREATE A RECORD.
AND I WOULD JUST SAY, YOU'RE NEVER GONNA BE PERFECT.
AND IF YOU HAVE A QUESTION, JUST ASK THE STAFF.
THIS IS A LOT OF INFORMATION TO TAKE IN ABOUT YOUR NEW ROLE AND RESPONSIBILITY.
SO NOBODY EXPECTS YOU TO GET IT PERFECT, BUT WE LIKE YOU TO STRIVE TOWARD WHAT I'M TELLING YOU TODAY.
UM, UH, CONDITIONS OF APPROVAL.
LET'S TALK ABOUT CONDITIONS OF APPROVAL.
YOU ARE, YOU MAY APPROVE A CUP SUBJECT TO CONDITIONS OF APPROVAL, BUT LOOK AT WHAT I HIGHLIGHTED THERE.
ONLY WHEN THEY'RE NECESSARY TO MITIGATE THE POTENTIAL IMPACTS OF THE USE AND ENSURE LAND USE COMPATIBILITY.
OKAY? SO WE'RE TALKING ABOUT DETRIMENTAL EFFECTS AND COMPATIBILITY, COMPATIBILITY WITH THE NEIGHBORHOOD.
SO THEN, SO YOU COULD, YOU COULD FASHION ANOTHER CONDITION FOR THE CONDITIONAL USE PERMIT, BUT THE CODE SUGGESTS FOR YOU, THIS IS RIGHT OUT OF THE CODE.
ADDITIONAL REQUIREMENTS FOR SETBACKS, OPEN SPACE SCREENING, PARKING, LIGHTING, AND LANDSCAPING.
YOU CAN CONDITION THAT USE ON A BIGGER SETBACK, MORE OPEN SPACE, ET CETERA, ET CETERA.
YOU CAN CONDITION THE USE PERMIT ON THE DEDICATION OF A PUBLIC RIGHT OF WAY OR STREET IMPROVEMENTS IN THAT WAY.
IT'S VERY MUCH LIKE A ZONING CASE WHERE YOU CAN KIND OF MAKE EXACTIONS ON WHAT, HOW THE USE WILL OPERATE SO THAT IT'S COMPATIBLE WITH THE NEIGHBORHOOD.
YOU CAN CONDITION IT ON LIMITATIONS OF HOURS OF OPERATION, METHODS OF OPERATION AND PHASING OF THE SITE DEVELOPMENT.
IF PART OF THE SITE IS CLOSE TO A RESIDENTIAL NEIGHBORHOOD AND YOU WANNA HAVE THAT PART DONE LAST, YOU CAN DO THAT.
UM, YOU CAN CONDITION THE CONDITIONAL USE ON THAT.
AND TIME LIMITATIONS FOR THE DURATION OF THE CON OF THE CONDITIONAL USE TO DETERMINE THE USE AFTER A TEMPORARY PERIOD IS MATERIALLY DETRIMENTAL TO THE AREA OR EVALUATE, YOU KNOW, HEY, HOW'S THAT GOING? WE APPROVE THIS CONDITIONAL USE.
UM, WE'RE GONNA PUT A CONDITION ON IT SO THAT YOU COME BACK FOR REVIEW.
THIS IS PRETTY TRICKY ACTUALLY.
I, I'M A LITTLE, MOST CODES DON'T ALLOW FOR THIS KIND OF A, UM, TEMPORARY OR THEY AT LEAST THEY DON'T SUGGEST THAT THIS IS A CONDITION YOU CAN PLACE ON A CONDITIONAL USE, BUT IT'S IN THE CODE, IT'S FAIR GAME IF YOU WANNA DO THAT.
UM, AND LIKE I SAID, OTHER CONDITIONS ARE ALLOWED.
IT SAYS INCLUDING BUT NOT LIMITED TO.
SO IF YOU'RE THINKING ABOUT CONDITIONING A USE, YOU REALLY WANNA WORK WITH THE STAFF AND THE CITY ATTORNEY'S OFFICE BECAUSE THOSE CONDITIONS ARE, UM, THEY ARE TRICKY IN THE WRITING AND THEY'RE HARD TO, THEY CAN BE DIFFICULT
[00:35:01]
TO ENFORCE.SO YOU WANNA MAKE SURE THAT YOUR FINDINGS OF FACT, YOUR CONCLUSIONS OF LAW, YOUR, UM, THE CONDITIONS THAT YOU PLACE ON THE USE ARE PRETTY AIRTIGHT.
UM, AND SO THAT CAN ALSO BE A BASIS FOR, UM, AN APPEAL.
YOU KNOW, THEY, IF YOU GRANT A USE A CONDITIONAL USE WITH A CONDITION ON IT, THE APPLICANT CAN SAY, I DON'T LIKE THAT COMMISSION CONDITION.
I'M GOING UP TO THE CITY COUNCIL.
AND THEN FINALLY, I JUST WANTED TO TALK ABOUT SOME PROCEDURAL NOTES REGARDING CS.
SO IF YOU GRANT, FOR EXAMPLE, A CUP AND THE NEIGHBORS WANNA APPEAL THAT THEIR APPEAL HAS TO BE MADE IN WRITING WITHIN 15 CALENDAR DAYS OF YOUR DECISION, A CUP EXPIRES.
IF IT'S NOT USED WITHIN 24 MONTHS, SOMETIMES YOU'LL GET PEOPLE COMING IN TO JUST EXTEND THEIR CUP UM, EXTENSION.
IT'S, UM, THAT'S, AND THEN YOU HAVE TO CONSIDER, YOU KNOW, DO YOU WANNA EXTEND THAT? HAS THE NEIGHBORHOOD CHANGED, YOU KNOW, UM, A CUP ONCE IT'S GRANTED RUNS WITH THE LAND REGARDLESS OF THE OWNER OR OPERATOR.
AGAIN, THERE'S BEEN A LOT OF CASE LAW ON THIS ISSUE BECAUSE SOMETIMES THE CITY WILL SAY, HEY, I LIKE THAT PLASMA CENTER, BUT ONLY IF THESE PEOPLE OPERATE IT.
I DON'T, YOU CAN'T SELL IT TO SOMEBODY ELSE AND HAVE THAT SAME USE THERE.
OUR CODE SAYS IT'S NOT OKAY, BUT IT'S GENERALLY LEGALLY NOT.
YOU, IF YOU GRANT A CONDITIONAL USE PERMIT, IT RUNS WITH THE LAND JUST LIKE YOUR ZONING, OKAY? IT CAN BE MODIFIED AT THE APPLICANT'S REQUEST AND THE DEPARTMENT DIRECTOR, MS. JODY NOVAK OR HER OR HER DESIGNEE HAS CONTINUING JURISDICTION UNDER THE CODE OVER A CUP.
UM, SHE CAN RECOMMEND THAT A CUP BE MODIFIED OR SUSPENDED UNDER SPECIFIC CIRCUMSTANCE.
AND EXCEPT FOR THE, FOR THE CITY COUNCIL, THE PLANNING COMMISSION HAS A FINAL DECISION ON REVOCATION MODIFICATION OR SUSPENSION OF A CUP.
IF YOU DENY A CUP AND THAT DENIAL IS NOT APPEALED, YOU, THE APPLICANT CANNOT APPLY FOR THE SAME CONDITIONAL USE, UH, FOR THE NEXT CALENDAR YEAR.
SO YOU WILL SEE THE APPLICANTS, THEY'RE ONLY GONNA COME IF THEY THINK THEY'RE GONNA GET IT AND THEY'LL, YOU KNOW, THAT'S ONE REASON WHY THEY ALSO WILL APPEAL, RIGHT? BECAUSE THEY KNOW, AND THIS AGAIN, IS THE WAY IT IS IN ALMOST EVERY CITY I KNOW OR HAVE PRACTICED IN, THAT IF YOU'RE DENIED ON A CONDITIONAL USE, YOU CAN'T COME BACK FOR A YEAR.
SOME, SOME CODES HAVE IT LONGER, BUT A YEAR IS STANDARD.
AND THEN I JUST WANTED TO GIVE, LET YOU ASK OR SEE IF, UM, CATHERINE HAD ANY SPECIFIC EXAMPLES YOU WANTED TO TALK THROUGH.
SO YOU HEARD HER TALK THOUGH, ABOUT THE CAR WASHES AND THE, UM, CONDITIONAL USES IN THE, UM, COMMERCIAL DISTRICTS OR THE EMPLOYMENT DISTRICTS.
UM, AND THOSE IS WHERE YOU SEE THEM COME UP A LOT.
CONDITIONAL USES ARE, UH, CAR WASHES, SOMETIMES LIKE ARCHAICALLY, LIKE TATTOO PARLORS OR, UM, YOU KNOW, USES THAT WERE GENERALLY CONSIDERED KIND OF VICE USES IN THE OLD DAYS.
AND SOMETIMES, YOU KNOW, NEW USES, LIKE, UM, IN MESA, THEY JUST CHANGED THEIR CODE SO THAT IF YOU WANNA DRIVE THROUGH, YOU HAVE TO GET A CONDITIONAL USE PERMIT.
AND IN THEIR JURISDICTION IT'S NOT CONSIDERED BY THE PLANNING COMMISSION.
THE CONDITIONAL USE PERMIT IS CONSIDERED BY THE COUNCIL.
EVERY DRIVE THROUGH AT MESA IS NOW GONNA GO THROUGH AN EXTRA LAYER OF REVIEW BECAUSE, WELL, FOR A LOT OF POLICY REASONS, THAT'S WHAT THEY DECIDED.
SO, UM, I DON'T THINK THAT'S THE CASE IN THIS JURISDICTION, BUT YOU CAN SEE ANYTHING FROM SOUP TO NUTS ON A CONDITIONAL USE PERMIT REQUEST.
AND, UM, LIKE I MENTIONED, WE'LL ALL BE HERE TO HELP YOU AND, UM, YOU KNOW, THIS IS WHAT WE DO FOR A LIVING.
SO PLEASE COME TO TALK TO US AND, UM, YOU KNOW, MY, MY INFORMATION'S ON THE WEBSITE AND I WILL MAKE MY SLIDES AVAILABLE AND I'M SURE CATHERINE WILL AS WELL.
AND THAT WAS, THAT'S ALL I HAVE FOR MY PRESENTATION, SO THANK YOU.
I'LL TAKE ANY QUESTIONS IF YOU HAVE 'EM.
ANY QUESTIONS FROM THE COMMISSIONERS? UM, I HAVE A COUPLE QUESTIONS.
COULD WE GO BACK TO SLIDE SEVEN PLEASE? YES, MA'AM.
IS THIS THE ONE, THE REQUIRED FINDINGS, IS THIS THE ONE THAT HAS THE FIVE CONDITIONS OR
[00:40:01]
WAS THAT ON SIX? NO, THAT'S THE FINDINGS ON PAGE SIX.SO IF WE WANTED TO USE SOME, WE'RE SAYING NAY TO A PARTICULAR SITUATION.
UM, WHICH SLIDE HAS THE FIVE THINGS THAT WE NEED TO CONSIDER SO THAT WE CAN SAY, NAY, I BELIEVE THIS IS DETRIMENTAL TO THAT NEIGHBORHOOD BECAUSE OF THE TRAFFIC FLOW OR WHATEVER IT MAY BE? DO WE HAVE LIKE A CHEAT SHEET IS BASICALLY WHAT I'M ASKING FOR? WELL, THESE, THESE, THE FIRST THREE BULLET POINTS ARE IN THE CODE, IN ONE.
SO IT'S THE FIRST THREE ACTUALLY HAVE A, B, AND C, RIGHT? AND THEN THIS, THE LAST TWO BULLETS ARE THE OTHER TWO.
SO THE FIRST THREE IS THE FIRST ARE THE, UH, OH, I'M SORRY.
THESE ARE THE, THESE ARE THE FIVE FACTORS PRO PROPOSED USED AS CONSISTENT WITH THE GENERAL PLAN DESIGNATION.
WE'LL, THE SECOND ONE IS WE'LL FURTHER THE CITY'S GENERAL GUIDELINES AND OBJECTIVES FOR DEVELOPMENT AS SET FORTH IN THE GENERAL PLAN.
NUMBER THREE IS CONSISTENT WITH THE DESIRED CHARACTER FOR THE SURROUNDING AREA.
NUMBER FOUR IS COMPATIBLE, COMPATIBLE WITH OTHER ADJACENT AND NEARBY LAND USES.
AND NUMBER FIVE IS NOT DETRIMENTAL TO PERSONS RESIDING OR WORKING, ET CETERA.
SO YOU COULD RENUMBER THOSE 1, 2, 3, 4, 5.
THAT WAS, UH, MY FIRST QUESTION.
AND THEN ON THE MR CHAIR, IF I MAY ADD, I BELIEVE YOUR NEXT SLIDE HAS THE OTHER THREE.
SO, UM, THE FIRST, THE FIRST SLIDE IS BASICALLY FINDINGS ONE AND TWO, AND THEN THIS SLIDE HAS, UH, THREE, FOUR, AND FIVE.
SHE WAS ASKING ABOUT THE FACTORS, BUT THESE ARE THE FINDINGS THAT THESE, THESE TWO SLIDES MAKE UP THE, SORRY, THESE TWO SLIDES, UM, UH, MR. CHAIR AND COMMISSIONER MAKE UP THE FIVE FINDINGS.
SO IF I SAY NA TO SOMETHING I NEED TO CHOOSE, I SHOULD BE CHOOSING ONE OF THESE AS MY REASON TO SAY NAY, RIGHT? THERE WOULD BE, UH, THANK YOU COMMISSIONER.
UM, THERE WOULD BE, UM, ONE OF THESE FINDINGS THAT YOU FEEL THAT YOU CANNOT MEET AND YOU WOULD BE PROVIDING ON THE RECORD WHY YOU FEEL YOU CANNOT MEET THAT FINDING.
THIS IS RON CORBIN, YOUR CITY MANAGER REPRESENTING STAFF.
I WANNA CLARIFY A COUPLE THINGS THOUGH ON THAT, THOSE REASONS WE WANNA BE CAREFUL.
SO TRAFFIC ISN'T OFTEN A REASON THAT, UH, NEIGHBORS DON'T LIKE A BUSINESS.
YOU NEED TO CONSIDER A LOUD PERMIT, UH, LOUD USES IN THAT AREA AS WELL.
AND IF OTHER USES THAT ARE ALREADY PERMITTED IN THAT AREA THAT HAVE GREATER TRAFFIC FOR YOU, THEN TO DENY IT.
BECAUSE A TRAFFIC MAY BE SUSPECT BECAUSE OTHER PERMITTED USES WITH GREATER TRAFFIC FLOWS, UH, COULD HAPPEN.
UH, THE, A STORAGE FACILITY HAS LESS TRAFFIC THAN A DAYCARE CENTER AND THE DAYCARE CENTER MAY BE ALLOWED.
SO, UH, YOU CAN'T JUST PICK WITHOUT DEEP ANALYSIS OF THOSE, UH, THOUGHTS.
I WOULD ALSO STRONGLY ENCOURAGE YOU TO CONSIDER MITIGATING FACTORS AND WORKING WITH STAFF ON HOW TO ADDRESS YOUR CONCERNS BEFORE YOU JUST OUTRIGHT SAY NO.
SO IF TRAFFIC FLOW IS AN ISSUE, WORK WITH STAFF TO COME UP WITH A WAY TO REROUTE TRAFFIC.
IF WE'RE CONCERNED ABOUT NOISE AT A CERTAIN TIME OF DAY, THEN WE WORK WITH STAFF TO CONSIDER OPTIONS TO LIMIT THE HOURS OF OPERATIONS.
SO I JUST, IT, IT, THESE ARE NOT BLANKET FACTORS.
YOU HAVE TO BE VERY CAREFUL NOT, AND, AND CONSIDER OTHER PERMITTED USES.
YOU HAVE TO CONSIDER OTHER FACTORS THAN JUST THE AMOUNT OF TRAFFIC ON ITS SURFACE.
'CAUSE NORMALLY WE'VE HAD A TRAFFIC ENGINEER LOOK AT THIS AND WE'VE ALREADY SAID THAT THE ROADS CAN HANDLE THE TRAFFIC BEFORE IT GOT TO YOU.
SO IT'S, IT'S, UM, A LITTLE TRICKIER THAN JUST PICKING ONE OF THE FIVE AND SAYING IT'S NOT, DOESN'T FIT THIS CATEGORY.
WHEN WE'VE HAD, UH, ENGINEERS, OTHER EXPERTS LOOK AT THOSE ISSUES.
ARE YOU FINISHED? I DID HAVE ONE OTHER QUESTION.
SO, SO IF WE DO WANNA ADD AN ADDITIONAL CONDITION, WE SHOULD BE BRINGING THAT TO STAFF BEFOREHAND AND SAYING, HEY, I WANNA LIMIT HOURS OR WHATEVER THAT CONDITION, ADD MORE LANDSCAPING, WHATEVER IT MAY BE, BRING THAT TO THEM FIRST SO THAT IT CAN BE ADDED BEFORE THE MEETING, OR IS THAT SOMETHING WHILE WE'RE AT A MEETING NOW, I'M LIKE, HEY, WAIT A MINUTE, THIS REALLY DOESN'T HAVE ENOUGH LANDSCAPING.
UM, WHEN IS THE BEST TIME TO BRING THAT UP? OH, THAT'S
[00:45:01]
A GREAT QUESTION.COMMISSIONER WARREN CHAIR AND MEMBERS OF THE COMMISSION, UM, IF YOU CAN AHEAD OF TIME, YES.
UM, STAFF MAY HAVE CRAFTED SOME CONDITIONS FOR YOU TO CONSIDER AS WELL.
UH, THEY MAY HAVE ALREADY WORKED WITH THE APPLICANT.
IT'S DIFFICULT TO DO IT ONCE YOU GET TO THE MEETING, BUT SOMETIMES THAT CAN'T BE HELPED, RIGHT? AND SO, YOU KNOW, SOMETIMES YOU TAKE A RECESS AND WRITE, WRITE IT DOWN, YOU KNOW, AND, AND WORK WITH STAFF TO CRAFT YOUR CONDITION.
SOMETIMES YOU DO IT ON THE FLY, AND THAT'S PART OF WHAT WE'RE HERE FOR.
BUT IF IT'S POSSIBLE TO DO IT AHEAD OF TIME, THAT'S A GREAT IDEA.
AND WRITE DOWN YOUR QUESTIONS AHEAD OF TIME TOO.
I I'VE KNOWN A LOT OF BOARD MEMBERS WHO DO THAT KIND OF THING.
AND MR. CHAIR AND COMMISSIONERS, IF I CAN ADD TO THAT.
SO, UM, I THINK THAT'S A GREAT, UH, IDENTIFICATION THAT YOU HAVE A QUESTION OR YOU HAVE A CONCERN ABOUT THE PROJECT THAT YOU'RE EVEN THINKING THAT MAYBE ADDITIONAL CONDITIONS ARE NEEDED.
SO IF YOU HAVE THINGS THAT ARE COMING UP ABOUT THE PROJECT, PLEASE REACH OUT TO THE PROJECT PLANNER OR TO MYSELF SO THAT WE CAN TALK IT THROUGH AND, AND MAYBE POINT YOU TO RESOURCES OR INFORMATION IN THE STAFF REPORT THAT WOULD HELP YOU GET CLARIFICATION ON WHAT IS GOING TO BE DEVELOPED AT THE SITE.
YOU KNOW, AS THE CITY MANAGER POINTS OUT, WE'VE DONE AN EXTENSIVE TECHNICAL EVALUATION OF THE PROJECT AND WE'VE PREPARED A STAFF REPORT THAT WILL BECOME PART OF THAT RECORD THAT YOU'RE, THAT YOU'RE REVIEWING.
SO, UM, AND WE PROVIDE CONDITIONS OF APPROVAL IN THERE.
SO ALL THAT COMMUNICATION THAT YOU CAN DO AHEAD OF TIME WITH US IS ALL PART OF US BUILDING A STRONG PLANNING COMMISSION AND A AND A STRONG AND A DEFENSIBLE REVIEW OF THESE PROJECTS.
ANYONE ELSE? ANY QUESTIONS? UH, THIS COMMISSIONER GRIM.
UH, JUST A QUESTION ON THE, THE TERM DETRIMENTAL.
HOW IS THAT DEFINED? I MEAN, THAT IS A, WE TALK ABOUT OPINIONS, BUT THAT IS, TO ME, A VERY BASIS OF OPINION IS WHAT SOMEBODY DETERMINES AS DETRIMENTAL.
SO JUST MAYBE YOU CAN TALK ABOUT THAT A LITTLE BIT.
WELL, UM, COMMISSIONER AND CHAIR AND PLANNING COMMISSION, I'M TRYING TO THINK OF SOME DETRIMENTAL.
THERE ARE OFTEN CLAIMS THAT, UM, THIS USE WILL BE DETRIMENTAL TO THE NEIGHBORHOOD.
I'M GONNA USE, UM, THE EXAMPLE OF LIKE A PLASMA CENTER.
UH, THE NEIGHBORS WILL SOMETIMES COME IN AND SAY, OR NEIGHBORING BUSINESSES.
SOMETIMES WE'LL COME IN AND SAY, THAT'S DETRIMENTAL TO MY RUNNING OF MY BUSINESS BECAUSE THERE'S INCREASED LITTER, THERE ARE PEOPLE HANGING AROUND, UM, YOU KNOW, WE THINK THIS MIGHT HAVE INCREASED CRIME.
THAT, BY THE WAY, IS NOT TRUE FOR A PLASMA CENTER.
SO YEAH, YOU HAVE TO TAKE EVIDENCE AND NOT, YOU KNOW, YOU CAN RELAX THE RULES OF EVIDENCE, BUT YOU HAVE TO GATHER INFORMATION TO DETERMINE WHETHER OR NOT THOSE CLAIMS OF A DETRIMENTAL IMPACT ARE VALID.
I MEAN, YOU ARE THE DECISION MAKER IN THIS SCENARIO, IN THIS CONTEXT.
SO DETRIMENTAL COULD BE NOISY.
CAR WASHES ARE OFTEN OBJECTED TO BECAUSE OF THE NOISE THEY GENERATE.
AND WHEN THOSE, UM, TUNNELS THAT THEY HAVE ARE FACING A STREET, IT'S VERY LOUD.
AND, YOU KNOW, THEY'RE NOT SCREENED, THEY'RE NOT GOOD LOOKING, YOU KNOW, SO PEOPLE WILL SAY, THAT'S DETRIMENTAL.
I DON'T WANNA LOOK AT THAT WHEN I DRIVE OR WALK DOWN THE STREET.
UM, NOISE, DIRT, UM, PEOPLE HANGING AROUND.
UM, THOSE ARE THE ONES I CAN THINK OF.
MR. CHAIR, IF I CAN ALSO ADD TO THAT, I THINK THAT CAR WASH IS A GREAT EXAMPLE OF WHERE, UH, MITIGATING FA UM, MITIGATING FACTORS ARE THEN ADDED TO ADDRESS THE DETRIMENTAL SCREENS, SETBACKS, UH, NOISE MEASUREMENT STUDIES, UM, 'CAUSE A CUP CAN BE REVOKED IF THEY'RE IN VIOLATION OF THE CUP.
AND SO IN, UM, THE, THE LAST, UM, CAR WASH THAT WENT THROUGH HAD A STUDY THAT SHOWED THE, THE DECIMALS, AND THEN THERE WAS AN EXPLANATION OF THE DECIMALS, IF WE GO OUT THERE AFTER, 'CAUSE IT WAS APPROVED.
SO A YEAR FROM NOW, IF WE'RE FINDING THEY'RE NOT FOLLOWING THE CONDITIONS SET FORTH, UH, UH, YOUR LIMITATIONS YOU PUT ON THE NOISE, THEN THEY COULD BE IN TROUBLE.
SO THAT'S WHY, NOT NECESSARILY OUTRIGHT DENYING IT, BUT PUTTING IN YOUR PARAMETERS, UM, TO ENSURE, UH, THAT IT DOESN'T, ISN'T DETRIMENTAL TO OUR COMMUNITY D BUT SIMILAR TO OTHER USES FOR THAT AREA, RIGHT? WE,
[00:50:01]
AND I DON'T KNOW, DO WE, WE, I ASSUME THERE'S SOUND ORDINANCES, THERE'S LIGHT TRESPASS ORDINANCES THAT ARE ALREADY PART OF THAT.SO AS LONG AS THEY'RE NOT EXCEEDING THOSE, THAT WOULD BE STILL A STAND THAT THEY'RE ALREADY MEETING.
SO IT'S REALLY, IF IT'S, IF IT'S SOMETHING ABOVE THAT THAT WE NEED TO MITIGATE.
ANY OTHER QUESTIONS FROM THE COUNCIL OR THE COMMISSION? SORRY.
UM, I HAVE ONE, AND I DON'T KNOW IF IT, I GUESS IT'S A QUESTION.
MY CONFUSION I THINK IS IN THE PAST LISTENING TO COMMENTS FROM THE PUBLIC.
AND IN MY MIND, I'M TRYING TO WEIGH, IT SOUNDS TO ME LIKE THEY ARE OBJECTING TO HAVING A COMMERCIAL PROPERTY HERE.
THEY'RE OBJECTING TO THE ZONING, THEY'RE NOT OBJECTING TO THE SPECIFIC USE THAT IS ALLOWED IN A COMMERCIAL ZONE.
I ASSUME WE HAVE TO JUST LET 'EM SPEAK AND TAKE IT ALL IN, BUT THEN WE HAVE TO DECIDE IF THEY'RE COMPLETELY OFF TOPIC OR NOT.
UH, CHAIR, CHAIR, WHITE AND BOARD MEMBERS.
UM, SOMETIMES, UM, PEOPLE DON'T WANT IT, DON'T WANT THIS USE, BUT THE USE IS ALLOWED AS LONG AS THESE CONDITIONS AND THESE FIVE FINDINGS, YOU HAVE TO MAKE ALL OF THOSE FINDINGS.
BUT IF YOU CAN MAKE THEM, YOU CAN THEN FURTHER CONDITION THE USE.
I MEAN, IF THAT IS AN ALLOWED USE WITH A CONDITIONAL USE PERMIT IN THAT ZONE, THEN SOME OF THOSE COMMENTS, YOU KNOW, YOU HAVE TO WEIGH THEM.
YOU HAVE TO GIVE THEM LESS WEIGHT IN MAKING YOUR DECISION.
BUT YES, YOU SHOULD HEAR THEM OUT, HEAR THEM OUT, BECAUSE YOU NEVER KNOW.
IT'S AMAZING SOMETIMES WHAT PEOPLE WILL COME UP WITH.
SO, UM, YOU'RE RIGHT ABOUT THAT THOUGH.
I GUESS THE OTHER OBJECTION WE HEAR BESIDES NOISE AND IS IT'S GONNA DECREASE THE PROPERTY VALUES.
AND YET THEY SEEM TO NEVER HAVE ANY KINDA STUDIES OR PROOF EITHER WAY ON THAT.
AGAIN, CHAIR WHITE, YOU'RE EXACTLY RIGHT.
YOU DO HEAR THAT A LOT AND I FORGOT TO MENTION THAT, BUT YEAH, IT'S, IT'S HARD TO PROVE ONE WAY OR THE OTHER IF IT'S GONNA INCREASE OR DECREASE YOUR PROPERTY VALUE.
SO I THINK I WOULD PUT THAT IF I WERE IN YOUR SHOES, MAYBE IN THE CATEGORY OF, WELL, YOU KNOW, THAT'S A PERSON WHO REALLY DOESN'T WANT THIS AROUND.
THEY THINK IT MIGHT AFFECT THEIR PROPERTY VALUE.
BUT I WOULD TAKE THAT FOR, YOU KNOW WHAT IT'S WORTH.
UM, CAN WE GET COPIES EMAILED TO US OF ALL THE PRESENTATIONS TONIGHT? ALL THE COMMISSIONERS, UM, MR. CHAIR AND COMMISSIONERS? YES.
WE WILL BE, UM, FOLLOWING UP WITH, UH, COPIES OF THE POWERPOINTS FROM TONIGHT.
AND YOU KNOW, IF I MAY JUST SAY ONE LAST THING, UM, CHAIR, I, I THINK, I THINK, UM, COMMISSIONER WARREN IS RIGHT.
I I WOULD LIKE TO MAYBE DO A, JUST A LIST OF FIVE BECAUSE WE TALK ABOUT FIVE AND SOME OF THESE ARE COMBINED.
SO LET ME DO THE LIST AND I'LL NUMBER 'EM.
I'LL JUST TAKE IT RIGHT OUT OF THE CODE.
AND YOU'LL SEE SOME OF THEM ARE COMPOUND AND SOME OF THEM ARE, BUT LET ME DO THAT FOR YOU SO THAT WHENEVER YOU HAVE ONE OF THESE, I'LL, I'LL INCLUDE IT IN MY MATERIALS SO THAT WHENEVER YOU HAVE ONE OF THESE, YOU CAN HAVE A QUICK CHECK OFF THERE.
AND I GUESS I DID HAVE ONE OTHER QUESTION.
I, I THINK I HEARD IT BOTH WAYS.
SO WE CAN OR CANNOT TALK TO THE APPLICANT BEFORE AND ASK THEM QUESTIONS IN THIS SITUATION.
YOU SHOULD DO THAT AT THE HEARING ONLY, PLEASE.
AND IF THEY APPROACH YOU, YOU ARE SITTING IN A QUASI-JUDICIAL CAPACITY AND YOU SHOULD NOT BE TALKING TO THEM BEFORE THE MEETING.
HEAR THEM OUT, QUESTION THEM DURING THE MEETING.
YOU KNOW, THAT CAN BE YOUR FREEWHEELING TIME TO HAVE AN EXCHANGE, BUT, UM, NO, THEY'RE NOT PERMITTED TO LOBBY YOU.
I'D BE SURPRISED IF THEY'RE REPRESENTED BY COUNSEL, IF THEY WOULD TRY THAT IN A CONDITIONAL USE PERMIT SETTING.
BUT IF THEY DO, JUST MAKE SURE YOU POLITELY TELL THEM, YOU KNOW, I CAN'T REALLY TALK ABOUT THIS.
AND NOW THAT'S SPECIFICALLY FOR CS.
BECAUSE OTHER CASES THAT'S FOR ZONING AND GENERAL PLAN, WE CAN CONTACT THEM IN ADVANCE CHAIR AND AND COMMISSION MEMBERS.
[00:55:01]
EXACTLY CORRECT.I THINK THAT'S BEEN THE BIGGEST CONFUSION FOR ME.
AND MAYBE IT IS BECAUSE OF WHAT THE NEW AUTHORITY WE WERE GIVEN LAST YEAR.
AND WE NEVER REALLY REALIZED THESE ARE TWO REALLY TWO DIFFERENT FUNCTIONS WITH DIFFERENT RULES FOR WHAT WE'RE DOING ON THIS COMMISSION.
ALSO, I DON'T KNOW IF I MENTIONED IT OR NOT, BUT ONE THING YOU CAN DO AND I RECOMMEND IS THAT YOU DRIVE BY THE SITE BECAUSE THERE'S NOTHING LIKE SEEING IT YOURSELF.
AND WHENEVER YOU CAN'T GET INFORMATION FROM THE APPLICANT OR THE NEIGHBORS OR YOU HAVE TO KIND OF LET THAT INFORMATION GO THROUGH STAFF, UH, WHEN YOU CAN'T HAVE DIRECT COMMUNICATIONS, SOMETIMES IT'S BETTER.
IT'S EVEN MORE IMPORTANT TO GO OUT AND SEE IT FOR YOURSELF, THEN COME BACK AND ASK, ASK STAFF QUESTIONS ABOUT THAT.
AND EVEN DURING THE HEARING, THEN ASK THE QUESTION TO THE APPLICANT, YOU KNOW, HEY, I DROVE BY THERE AND THIS IS THE WAY IT LOOKS TO ME.
YOU DON'T HAVE ENOUGH ROOM FOR PEOPLE TO PARK THERE OR, YOU KNOW, WHATEVER.
AND I WILL SAY, FINALLY NOW SO THAT I CAN'T FOLLOW UP AGAIN.
UM, AND I'M NOT TRYING TO BE CRITICAL, BUT IN OBSERVATION, WE TYPICALLY ONLY GET THE PACKAGE A WEEK BEFORE THE MEETING.
SO WE DON'T HAVE A LOT OF TIME TO REVIEW IT.
AND, AND PROBABLY NOT A LOT OF TIME TO MAKE ANY CHANGES TO WHAT'S ALREADY BEEN DISCUSSED, DECIDED, PRESENTED, AND READY TO GO.
SO I, AND I DON'T KNOW THAT IT'S POSSIBLE TO EVEN PUSH THAT WINDOW BACK ANY FARTHER, BUT JUST AN OBSERVATION.
CHAIR MEMBER AND COMMISSION MEMBERS, UM, UM, UH, STAFF IS GONNA REGISTER THAT AND THINK ABOUT IT, I'M SURE.
LET'S SEE WHERE WE GO NEXT HERE.
I THINK WE'VE FINISHED, UH, AND THERE'S NO MOTIONS, NO VOTING.
SO IF YOU ARE ALL FINISHED, WE WILL GO ON TO AGENDA
[6. COMMISSION ANNOUNCEMENTS]
ITEM, UH, SIX COMMISSION ANNOUNCEMENTS.DO THE COMMISSIONERS HAVE ANYTHING TO SHARE? HEARING NONE.
[7. PLANNING DIVISION REPORT]
DIVISION REPORT ITEM SEVEN.UH, I DON'T HAVE ANY, UM, REPORT TONIGHT, BUT I DID WANNA GIVE YOU AN UPDATE THAT IN MAY, UH, WE DID RECEIVE 20 NEW, UH, DEVELOPMENT APPLICATIONS.
AND THANK YOU FOR, UH, YOUR ATTENDANCE AND SERVICE THIS EVENING.
[8. CALENDAR]
UH, BRINGS US TO THE CALENDAR ITEM EIGHT.UH, NEXT MEETING IS JULY 17TH, 2024.
AND I WOULD LIKE TO ASK FOR A MOTION TO ADJOURN.
THIS IS COMMISSIONER CASTILLO, UH, MAKING MOTION TO ADJOURN THE PLANNING COMMISSION MEETING.