Zoning Interpretation Application

a PLAI NING

GENDAE Development Services Department

RECEIV!

FEB 07 2

MASTER APPLICATION
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Project Name: (None)

Property Address: 7150 N. 57th Drive

Gross Acres: unknown

Major Cross Streets: 59th Avenue/Myrtie

Council District: Ocotillo District - Cattin Court PAD Zone

Existing Land Use: professional office

PROPERTY OWNER
Name: _Coit & Valerie Burmer Phone: 623-695-3342 Fax:
4S. 063-095-3342 ee
Address: 7146 N. 58th Drive
City: _Glendale ___ State: AZ Zip Code: 85301

Email: bearsmore@aol.com

TO REPRESENT ME IN THIS APPLICATION, | GIVE AUTH

ORIZATION To:

Representative Name: Jeffrey Koppeimaa Business Name: Jeffrey S. Koppelmaa, Legal Counsel

Address: PO BOX 926

City: _Jerome

State:_ AZ Zip Code:_86331

Phone: (415)74 7-7294 Fax:

Email: counsel @isk legal

Coit Burner Z Mh z£ Lum 27. Yey g

(Print or type name of owner of record) (Signature of owner of record) (Date)

Revised 8-13-15

City of Glendale e 5850 West Glendale Avenue, Glendale Arizona 85301-2599 @ 623-930-2800

Dep

PR noe hee

REQUEST FOR CITY OF GLENDALE
ZONING ORDINANCE INTERPRETATION AND ENFORCEMENT

CATLIN COURT PLANNED AREA DEVELOPMENT ZONE
FIRST FLOOR PROFESSIONAL OFFICE USE STANDARD

Coit and Valerie Bumer (“petitioners”), as property and business owners in the Catlin
Court Planned Area Development Zone district (“Catlin Court PAD Zone” “Catlin Court
district” or the “district”), submit this Tequest pursuant to Section 3.101 and 3.401 of the Zoning
Ordinance of the City of Glendale, Arizona (“Zoning Ordinance”) seeking (i) review of the
Prospective or actual commercial use of the premises at 7150 North 57th Drive (“7150 North
57th Drive” or the “subject property”) and (ii) enforcement of the approved Catlin Court PAD
standards controlling commercial land use at the subject property.

The Catlin Court PAD Development Plan approved by the Glendale City Council and in
effect now (“approved Catlin Court Development Plan” or “Catlin Court PAD Plan”)

primary land use within Catlin Court PAD Zone. To that end, the approved Catlin Court
Development Plan includes “maximum floor area ratios” associated with commercial or
industrial uses within the district as authorized under Section 5.912(B) of the Zoning Ordinance.
(See §5.912(B) (emphasis added). Specifically, the Catlin Court PAD Plan unambiguously
limits professional office space use! on the first floor of the buildings within the district to no
more than twenty-five percent of the total conglomerate first floor area of the district. In
this way, the Catlin Court PAD Plan land use standards specially preserve this historic
neighborhood as the city’s Zoning Ordinance expressly intended.

Petitioners believe that (a) existing uses within the Catlin Court PAD Zone presently do
not leave room under the professional office space limit to permit approval of additional first
floor professional office land use within the Catlin Court district, and (b) the 7150 North 57th
Drive premises are being prepared for use — or are now in use -- as a first floor accountancy
office in contravention of the Catlin Court PAD Plan land use standards.

Based on this request, the Points and authorities submitted with this request, the
accompanying evidence attached, incorporated and submitted, matters of public record, and such
other evidence as the Planning Director and planning department may consider, petitioners
request an interpretation and enforcement of the first floor professional Office land use standard
in the approved Catlin Court Development Plan with respect to land use at 7150 North 57th
Drive in the City of Glendale, Arizona2

" Section 2.300 of the Zoning Ordinance defines a “Professional Office” to include “[o}ffices where services are
provided that require specialized training or professional certification including but not limited to accountant,
appraiser, attorney, architect, landscape architect, engineer, Surveyor, stockbroker, physician, dentist, chiropractor,
massage therapist, Psychologist, and optometrist. No Soods or merchandise are sold or exchanged.” (Section
2.300 at “Professional Office”; emphasis added.)

? The Planning Director is charged with administering and enforcing the Zoning Ordinance in Tesponse to
petitioners’ request. (See Section 3.101.

JEFFREY S. KOPPELMAA, ESQ. (SBN 032806)
Jeffrey S. Koppelmaa, Legal Counsel

41 Paradise Lane #926

Jerome, AZ 86331-0926

Telephone: (415) 717-7294

counsel@jsk.legal

Representing petitioners Coit and Valerie Burner

MEMORANDUM OF POINTS AND AUTHORITIES
IN SUPPORT OF REQUEST FOR CITY OF GLENDALE
ZONING ORDINANCE INTERPRETATION AND ENFORCEMENT

CATLIN COURT PLANNED AREA DEVELOPMENT ZONE
FIRST FLOOR PROFESSIONAL OFFICE LAND USE STANDARD

L INTRODUCTION

Coit and Valerie Burner (“petitioners”), as property and business owners in the Catlin
Court Planned Area Development Zone district (“Catlin Court PAD Zone” “Catlin Court
district” or the “district”), submit this request pursuant to Section 3.101 and 3.401 of the
Zoning Ordinance of the City of Glendale, Arizona! (“Zoning Ordinance”) seeking (i) review
of the prospective or actual commercial use of the premises at 7150 North 57th Drive (7150
North 57th Drive” or the “subject property”) and (ii) enforcement of the approved Catlin
Court PAD standards controlling commercial land use at the subject property.

The Catlin Court PAD Development Plan approved by the Glendale City Council and
in effect now (“approved Catlin Court Development Plan” or “Catlin Court PAD Plan”)
protects this historic neighborhood in accordance with the city’s Zoning Ordinance. First of
all, the Catlin Court PAD Plan specifically establishes “pedestrian oriented specialty retaif”
as the primary land use within Catlin Court PAD Zone. To that end, the approved Catlin
Court Development Plan includes “maximum floor area ratios” associated with commercial
or industrial uses within the district as authorized under Section 5.912(B) of the Zoning
Ordinance. (See §5.912(B) (emphasis added).

Specifically, the Catlin Court PAD Plan unambiguously limits professional office
space use’ on the first floor of the buildings within the district to no more than twenty-five
percent of the total conglomerate first floor area of the district. In this way, the Catlin Court

) All citations in this memorandum are to sections of the Zoning Ordinance of the City of Glendale, Arizona
unless otherwise noted.

? Section 2.300 of the Zoning Ordinance defines a “Professional Office” to include “To}ffices where services are
provided that require specialized training or professional certification including but not limited to accountant,
appraiser, attorney, architect, landscape architect, engineer, surveyor, stockbroker, physician, dentist,
chiropractor, massage therapist, psychologist, and optometrist. No goods or merchandise are sold or
exchanged.” (Section 2.300 at “Professional Office”; emphasis added.)

PAD Plan land use standards specially preserve this historic neighborhood as the city’s
Zoning Ordinance expressly intended.

Petitioners believe that (a) existing uses within the Catlin Court PAD Zone presently
do not leave room under the professional office space limit to permit approval of additional
first floor professional office land use within the Catlin Court district, and (b) the 7150 North
57th Drive premises are being prepared for use — or are now in use -- as a first floor
accountancy office in contravention of the Catlin Court PAD Plan land use standards.

Based on the points and authorities below and the evidence attached and incorporated,
petitioners request that the Planning Director enforce the approved Catlin Court Development
Plan professional office space limit as applied to the land use within the district at 7150 North
57th Drive.?

Il. FACTS

A. Catlin Court Significance

Catlin Court is a small, historically significant neighborhood initially developed in
1914. Catlin Court became the City of Glendale’s first organized building expansion and
development program.’ The neighborhood was one of the early, fashionable neighborhoods
of Glendale.* Catlin Court features the prominent architectural style from 1917 to 1930, the
Craftsman Bungalow, as well as Spanish Eclectic and Minimal Traditional homes from the
late 1930s,

The Catlin Court district’s listing on the National Register of Historic Places began on
June 9, 1992, making this neighborhood the first of ten districts in Glendale that have received
this designation. The Catlin Court’s historic area boundary in the National Register expanded
in 2007.’

The City of Glendale has also recognized the Glendale Townsite Catlin Court Historic
District. This Historic District designation is an overlay regulated by the underlying Catlin
Court Planned Area Development Plan that is the subject of this request for interpretation and
enforcement.

Hl

3 The Planning Director is charged with administering and enforcing the Zoning Ordinance in response to
petitioners’ request. (See Section 3.101; see also fn. 16, infra.)

* See “Glendale Historic Building Survey”; prepared by: Janus Associates for the City of Glendale (1980).

> See “Envision Glendale 2040 — City of Glendale General Plan” Sept. 30, 2016 (“Glendale 2040 Plan”), pp. 1-
6;

http://www. glendale2040.com/images/documents/final_/envision |_glendale_2040_general |_plan_september_2016
pdf.

° See hitp://www. goglendaleaz.com/about/about_catlin_court.html

7 See hitps://nationalregisterofhistoricplaces. com/az/Maricopa/districts. html

* The Catlin Court Historic District is located in the area bounded by Gardenia Ave., 59th Ave., Palmaire Ave.

and 58th Ave.

B. Catlin Court PAD Zoning History

1. Catlin Court PAD Regulatory Boundaries

The Catlin Court district is an established Planned Area Development Zone in
Glendale approved in accordance with Section 5.900 of the city’s Zoning Ordinance. Catlin
Court PAD Zone consists of four (4) blocks bounded by Myrtle Drive, 57" Avenue, Palmaire
Drive, and 59" Avenue. The premises at 7150 North 57th Drive is within the Catlin Court

PAD Zone.

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Section 5.900 of the Zoning Ordinance expressly allows PADs to exercise local zoning
control that “promotes flexibility and encourages variation in ... land uses.” (Section 5.901 )
Planned Area Development Zones in Glendale like Catlin Court PAD Zone exist in part to
“{e]ncourage innovative development or redevelopment concepts for all land use types to
provide a greater variety and intensity of uses.” (Section 5.901(C).)

Furthermore, the City of Glendale encourages Planned Area Development zones like
the Catlin Court PAD Zone to design innovative neighborhood land use limitations through

standards that regulate based on conglomerate maximum floor area ratios devoted to non-
ial uses. Section 5.912(B) states in pertinent part:

residenti

An applicant shall submit a detailed development plan for the area of
the PAD request which shall include . . . [a description of the
proposed Jand use areas and the specifications including use
standards of each area including:

a. Proposed dwelling unit type, total land area, and
maximum density of residential use areas.

b. Proposed uses other than residential, total land area,
and maximum floor area ratios associated with
commercial or industrial uses.

(Section 5.912(B); emphasis added).

The Catlin Court PAD Zone encompasses a unique specialty retail area in historic
Glendale. There are less than 60 structures total in the four (4) city block district area. The
procedures in the Zoning Ordinance for establishing PADs encourage land use standards --
including the use of maximum floor area ratios — exactly like those the Catlin Court PAD Plan
uses to define a specialty retail identity for this small, singular neighborhood in Glendale.

2. The Approved Catlin Court Development Plan

A copy of the approved Catlin Court Development Plan is attached to and incorporated
in this submission as “Attachment 1.”

The principal purpose of the approved Catlin Court Development Plan is to establish
and maintain a specific mix of businesses consistent with the pedestrian character of this
unique Glendale neighborhood. The vision statement on the mantle page of the Catlin Court
PAD Plan describes a small set of blocks “ Where people can walk, Shop and eat in an earlier
Place in time.” (Attachment 1 at p. 1; emphasis added). The approved Catlin Court
Development Plan emphasizes:

¢ “The purpose of the Catlin Court District Plan is to develop a specialty
retail district with a unique sense of place, that is pedestrian oriented, is a
catalyst for the revitalization of the retail base of downtown, preserves the
residential character of the homes and historic properties in the
neighborhood, [and] is a tourist attraction in downtown Glendale{,
Arizona.}” (Attachment 1 at p. 6; emphasis added.)?

© = “Pedestrian-oriented Specialty retail is the Primary land use for the area.
Specialty retail is defined as retail use that is pedestrian oriented rather than
oriented to the use of the automobiles {sic]{,] sells finished products, is
destination oriented, and does not impact the safety or use of the pedestrian
environment.” (Attachment J at p. 35; emphasis added.)

e The Catlin Court PAD aims to be “a destination place for Shoppers and
tourists and will help encourage new businesses that will enhance the retail
base of downtown Glendale.” (Attachment 1 at p. 6; emphasis added.)

° The Catlin Court PAD Zone still plays this important role in the Glendale 2040 Plan vision for the city’s
downtown area: “Understanding historical context provides an appreciation for historical and archaeological
resources, creating a greater sense of place and enhanced community character. This understanding and
appreciation is especially important (for downtown, including Catlin Court —one of Arizona’s iconic historical
and cultural destinations.” (Glendale 2040 Plan at pp. 3-7; emphasis added.)

' “Permitted specialty retail uses include but are not limited in character to, working studio Space for Artists,
Bookstores, Old Time Photography Studios, Bakeries, Restaurants, Antique Shops, Museums, Ice Cream Parlors,
Delicatessens, Candy Shops, Craft Shops, Quilt Shops, Ceramic Stores, Candle Shops, Card Shops, Clock Shops,
Doll Shops, Florists (fresh and dried), Leather Shops, Specialty Clothing Boutiques, Toy Shops,
Kitchen/Gourmet Shops, Travel Agency, Gift Shops, Art Galleries, China Shops, Linen Shops, Glass Shops,
Special Holiday Shops, Wood Working Shops, Wedding Chapels, etc.” (Attachment 1 at p. 35.)

© “Businesses in the district would Primarily include Specialty retail stores
such as antique stores, restaurants, gift stores, etc. A percentage of office
Space would be included as well.” (Attachment 1 at p. 6; emphasis added.)

© Landscaping design, for instance, is intended “to create and reinforce a
residential character with a sense of cool Serenity that encourages the flow
of pedestrian traffic through the area.” (Attachment 1 at p. 18; emphasis
added.)

¢ “The intent of the Catlin Court District is to develop a specialty retail
district that would include a mix of Specialty retail stores, and restaurants
with a percentage of office and residential use.” (Attachment 1 at p. 35;
emphasis added.) .

The Catlin Court project narrative — including the limits on first floor pro essional office use --
describes “conditions, performance standards, and other reasonable restrictions” approved as
“necessary to ensure the development and maintenance Of the property in accordance with
the approved development Plan.” (Section 5.912(C).)

The Catlin Court PAD Plan vision for a specialty retail district intentionally does not
include a co-equal place for first floor professional office space uses but rather imposes a
district-wide standard limiting this non-retail use,1!

3. The Catlin Court PAD First Floor Professional Office Space Limit

includes a specific land use standard regulating a “maximum floor area ratio” to limit first
floor professional office Space uses within the district. (See Section 5.912(B)(4).)
Specifically, the Catlin Court PAD Plan declares:

Professional office space on the First floor of the buildings shall be limited to no
more than twenty-five percent of the total conglomerate first floor area of the
district. Professional office use is Permitted on the second floors and in basements. In
addition to professional offices, service retail such as travel agencies are permitted
under this category. (Attachment 1 at p. 35; emphasis added.)

The Development Plan reiterates:

Land Use Mix: Professional office use on the first ‘floors of buildings shail be limited
to a maximum of twenty-five percent of the gross square Sootage of first floor Space

within the district. Professional Office, residential, and retail uses are allowed in
basements and second floors. (Attachment 1 at p. 36; emphasis added.)

The planning department evaluated the Catlin Court PAD application and
Development Plan, and found that both were consistent with the purpose of the district. (See
Sections 5,912 and 5,913.) The City Council approved the Catlin Court Development Plan —
including the district’s first floor professional office use limit — thereby establishing the Catlin
Court PAD Plan standards with the force of law.”2

Cc. Catlin Court Development Plan Enforcement

For many years, the Planning Director and planning department engaged in a co-
operative effort with Catlin Court PAD property owners to enforce the approved PAD
professional office space limit. True and correct copies of documents reflecting this co-
operative effort are attached to this submission and incorporated as “Attachment 2.”

The planning department’s enforcement of the approved professional office space
limit in the Catlin Court district includes:

1. 2007 Data Gathering on First Floor Uses

In 2007, the planning department (per Mr. Ron Short) and property owners within the
Catlin Court PAD Zone worked together to gather data on first floor uses within the district
for to maintain this lawful zoning regulation for their neighborhood. (Attachment 2 at p. 1.)

2. Approval in 2013 Based On District-Wide Office Space Use

In May 2013, the owner of the property at 7142 North 58" Drive (Mr. David Chang)
sought approval for a first floor office space use at a different property within Catlin Court
PAD. His application was approved after a speci c finding that the use would be in
compliance with the Catlin Court PAD Plan's first floor professional office space limit.
(Attachment 2 at p. 3.)

3. Co-operative Enforcement Between 2015 and November 2017

From 2015 until November 2017, the planning department and the resident business
owners within Catlin Court PAD met regularly to build a reliable database of first floor uses
within the PAD. (Attachment 2 at pp. 4-49, 53-58; see esp. Petitioners’ summary at pp. 9-13,
emails to Councilman Aldama at pp. 31-36 and pp. 47-48.)

4. Stated Enforcement Commitment in January 2016
Ms. Jean Moreno, the planning department’s then-serving Economic Development

Officer, wrote a January 7, 2016 email to Catlin Court PAD Zone property owners as part
of a chain of correspondence confirming the planning department’s commitment to

} See Sections 1.208, 1.301, 1,402, 1.404, 5.902, 5.907, discussed infra.

enforcing the land use standards in the district’s approved Development Plan pursuant to
the Zoning Ordinance. (See Attachment 2 at pp. 9-19, 54-58.)

This commitment clearly includes enforcing the limit on first floor professional
office space use within the Catlin Court PAD Zone. Ms. Moreno’s email includes a draft

space limit.!> In this regard, Ms. Moreno promised that planning department would “keep
an eye on percentages in Catlin Court” based on inquiries received “at the counter and on
the telephone and meetings[.]”!4 (Attachment 2 at p. 55.)

D. Current Database of Catlin Court PAD Zone First Floor Uses

More recently, the planning department and the Planning Director have not
maintained this co-operative commitment and have not worked to administer and
enforce the first floor professional office space limit in the approved Catlin Court
Development Plan. Even so, Petitioners and other Catlin Court district property
owners have continued to refine the database of current first floor uses in the PAD
that had been undertaken in co-operation with planning department representatives,

Attached to and incorporated in this submission as “Attachment 3” is a true
and correct copy of Petitioners’ spreadsheet reflecting readily available data on
current first floor uses for structures within the Catlin Court PAD Zone.

E. District First Floor Office Limit Applied to the Subject Pro e
—eeeoveee stmt Apphed to the Subject Property

Petitioners submit that the data reflected in Attachment 3 is sufficient to
show that any professional office space use on the first floor of the subject property
at 7150 North 57th Drive violates the approved Catlin Court Development Plan and
thus also the city’s Zoning Ordinance, (Attachment 3 at pp. 1-3.) The ratio of (i)
the gross square footage of current first floor professional office space uses in the
Catlin Court PAD Zone (excluding the subject Property) to (ii) the gross square
footage of all current first floor office space uses of any kind in the district
(including the subject property) exceeds the 25% maximum. This fact prohibits any
first floor professional office space use at 7150 North 57th Drive.

Prior to the updates reflected in Attachment 3, the data collected in co-
operation with the planning department through November 2017 also show that the
Catlin Court Development Plan first floor office use ratio does not allow any new.
first floor professional office use within the district. (Attachment 2 at pp. 29, 54-
58.)

8 The “Catlin Court PAD Use Classification Summary” the Planning Division’s EDO drafted includes data
entries for owner names, addresses, “square footage” and classifications such as “office,”
“Residential/Retail/Restaurant,” “Office,” or “Vacant.” (Attachment 2 at pp. 56-58.)

” Also pertinent to this request for enforcement, Ms. Moreno emphasized the importance of Catlin Court
property owner/occupant vigilance in enforcing the approved Catlin Court Development Plan regulations
“especially as you notice properties being actively posted for sale/lease[.]” (Attachment 2 at p. 55.)

Ti. ARGUMENT

A. The District First Floor Professional Office Space Limit Has Force of Law
—e—sves tr = Kotessional Uliice Space Limit Has Force of Law

The City Council’s approval of the Catlin Court PAD application and Development
Plan gave the Catlin Court PAD Plan the force of law within the district. Section 1.208 on
“Applicability” at subsection C states:

Any use not described and included by this ordinance as being a
permitted use, a use subject to conditions, or a use subject to conditional
use permit within a specific zoning district is Prohibited within that
zoning district, and is a violation of this ordinance.” (Section 1 .208(C);
emphasis added.)

Under the Zoning Ordinance, performance standards for Catlin Court PAD are “Jelstablished
by development plan either by referral to zoning districts or specific standards.” (Section
5.907; emphasis added). Also, Section 5,902 “Permitted Uses” states that “{a]ny permitted
land use within the ordinance is allowed as defined by the General Plan, Specific Area Plan,
and Specific Land Use Designations within the approved Development Plan. Unless a
combination of other zoning districts are [sic] referenced for the definition of permitted uses,
ail permitted uses must be specifically defined in the approval of the PAD.” (Section 5.902;
emphasis added.)

The first floor professional office limit in the approved Catlin Court Development Plan
defines a specific commercial use standard using a maximum floor area ratio authorized for
PADs under Section 5.912(B). Therefore, the Zoning Ordinance of the Ci of Glendale does
not allow first floor office space land uses within the Catlin Court PAD Zone district that
exceed this 25% ratio.

B. Planning Director’s Duty to Enforce the District Office Space Limit

Since the establishment of the Catlin Court PAD Zone, the planning department and
the Planning Director have had responsibility for enforcing the Catlin Court PAD Plan
regulations. The Planning Director has a present duty to administer and enforce first floor
professional office land use" within the modest, four block area of the Catlin Court PAD
Zone in compliance with the approved Catlin Court Development Plan.!6 Fundamentally, the
Planning Director has duties specified in Section 3.101, which include but are not limited to:

A. Administration and interpretation of this ordinance, including: clarification
of the intent, review of land uses described and included in a zoning district,
and delegation of responsibilities for administering procedures and
requirements of the ordinance;

S Notably, professional office land uses on second floors of structures or in basements is unlimited in the Catlin
Court PAD Zone.

'6 The Catlin Court PAD Plan also states, “Interpretation: Interpretation of acceptable land uses and PAD
requirements shall be administered by the City of Glendale Planning Director.” (Attachment 1, p. 36.)

B. Authorizing administrative relief:
C. Enforcement of this Zoning Ordinance, and;

D. Preparing application guidelines, forms, and administrative procedures.”
(Section 3.101; emphasis added.)

Beyond preparing appropriate guidelines, forms, and procedures, the Planning Director’ s
primary enforcement duty requires action to prohibit new land uses that violate the first floor
professional office limit within the Catlin Court PAD. (See Section 1.208(C), supra.) Section
1.301 on “Compliance - Generally” at subsection B declares:

No building permit may be lawfully issued nor shail a Certificate of
Occupancy be granted until the Planning Director or his designee has
given authorization indicating all requirements of this Zoning
Ordinance, ail conditions and stipulations of approval, and any other
specific project related requirements have been met.” (Section 1.301(B);
emphasis added.)

Section 1.402 on “Limitations on Nonconforming Buildings and Uses” at subsection B states:

No expansion shall be made of any nonconforming building, structure,
or use unless such expansion conforms to the regulations specified for
the district in which it is located. In cases where the nonconforming use
occupies a building, structure, or any portion of a Site, expanding the use
into additional building or land area shall constitute an extension and shall
not be allowed.” (Section 1.402(B): emphasis added)

Finally, Section 1.404 on “Development Standards” at subsection A states “No change of use
or change to a building structure shall be permitted which creates a deficit or increases an
existing deficit in off-street parking spaces, loading areas, or other development standards.”
(Section 1.404(A); emphasis added.)

These provisions of the Zoning Ordinance fully empower the Planning Director to
enforce the Catlin Court PAD Plan first floor office land use standard at the subject property
and all other buildings in the district.

C. Enforcing the District First Floor Office Limit at the Subject Property

Catlin Court PAD is a neighborhood of four blocks in area total. The planning
department is fully capable of developing “application guidelines, forms, and administrative
procedures” to enforce a clear and valid “maximum floor area ratio” standard capping first
floor professional office use within this small district. As Attachment 2 shows, the planning
department and Planning Director enjoy the support and participation of property owners
personally committed to preserving the vision for the specialty retail district detailed and
approved through the Catlin Court Development Plan.

The planning department’s reduced enforcement effort after November 2017 did not
reduce its legal enforcement duties. By law, the Planning Director has a present duty to
determine if a new first floor professional office use is planned or has been implemented at
7150 North 57th Drive within the Catlin Court PAD Zone district.

If'so, the Planning Director must determine in good faith whether such proposed use
would exceed the “maximum of twenty-five percent of the gross square footage of first floor
space within the district.” Petitioners submit that verifiable facts known to the planning
department and the Planning Director show that the Catlin Court PAD Zone first floor
professional office use standard, as presently applied, does not permit new land uses of this
kind within the district.

Petitioners submit that, upon such finding, the Zoning Ordinance of the City of
Glendale requires the Planning Director to take such enforcement action as is necessary to
prohibit a new first floor professional office space land use at the subject property within
Glendale’s Catlin Court Planned Area Development Zone district.

Iv. CONCLUSION AND PETITION

By reason of the foregoing points and authorities, and in consideration of the
documents attached, incorporated and submitted, matters of public record, and such other
evidence as the Planning Director and planning department may consider, petitioners request
an interpretation and enforcement of the first floor professional office land use standard in the
approved Catlin Court Development Plan with respect to land use at 7150 North 57th Drive in
the City of Glendale, Arizona.

Respectfully submitted this 4" day of February, 2019

JEFFREY S. KOPPELMAA, LEGAL COUNSEL

Coit and Valerie Burner.

10