TOWN OF GILBERT PLANNING & ZONING COMMISSION, SPECIAL MEETING

PAGE PARK CENTER, 132 W. BRUCE AVENUE
GILBERT, ARIZONA

SEPTEMBER 13, 2000

COMMISSION PRESENT:
Chairman Karl Kohlhoff,
Commissioner James Beene,
Commissioner Dan Dodge,
Commissioner Linda Edwards,
Commissioner Stan Strom.

COMMISSION ABSENT:
Vice Chairman Joan Krueger,
Commissioner Susan Preiss,
Alt. Commissioner Brigette Peterson.

STAFF PRESENT:
Planning Director Jerry Swanson,
Planning Manager Maria Cadavid,
Senior Planner Dan Fairbanks,
Senior Planner Mario Mangiamele,
Senior Planner Geir Sverdrup,
Planner Suzanne Gunderman,
Planner Dennis Newcombe,
Planner Shellean Roberts,
Planner Aruna Vasudev,
Town Traffic Engineer Bruce Ward,
Code Enforcement Mike Palumbo,
Assistant Town Manager George Pettit.

ALSO PRESENT:
Town Attorney Kelly Schwab,
Recorder Heather R. Urie-Ruth.

CALL TO ORDER:
Chairman Kohlhoff called the special meeting to order at 6:04 p.m.

ROLL CALL:
Recorder Urie-Ruth called roll and determined a quorum to be
present.

COMMUNICATIONS FROM CITIZENS:
None.

ADMINISTRATIVE ITEMS:

BOYS AND GIRLS CLUB-Proposed building at northwest corner of
Elliot and Oak Street.

Planner Dennis Newcombe and the architect that designed the new Boys and Girls Club came forward. The architect very basically informed the Commissioners on the proposal for a new facility, which will be set back 32 feet from Elliot.

The architect explained the orientation of the building. The layout and materials to be used for the building, along with the proposed colors were described.

Commissioner Edwards hoped that the landscape palette would incorporate a nice spread of trees for shade for the inhabitants’ enjoyment in the outdoor area.

Chairman Kohlhoff thanked Staff for their presentation.

CITIZENS GROWTH MANAGEMENT INITIATIVE

Planning Director Swanson stated that some information was requested from Staff and legal counsel about the Citizen’s Growth Management Initiative, which is scheduled for the November ballot. Mr. Swanson stated that the memorandum provided to the Commission lays out the provisions of the Growth Management Initiative as it relates to the Town of Gilbert. The memorandum also explains what these provisions may mean to the Town should the initiative prevail in the November election. Mr. Swanson wished to point out a couple of observations made by the Staff. First off, the C.G.M.I. (Citizen’s Growth Management Initiative) relies on predictions of population growth made by the Department of Economic Security. Staff expects that since there are no guidelines within the Ordinance for how DES makes those projections, that there will be a fair amount of pressure to raise and lower the projections. Thus, this may be a touchstone for controversy if the Ordinance does become effective. Another thing is that if the Ordinance is adopted, it will take control of the planning process from the elected officials and turn it over to the electorate. This will produce an unknown effect, and reduces the flexibility of local jurisdictions to adapt their planning programs in a rapid fashion because it cause everything that affects property over 20 acres to go to a vote of the people. Mr. Swanson pointed out that another interesting twist in the Ordinance will be that the C.G.M.I. expressly gives primacy to the initiative over the municipality’s general plan.

Town Attorney Kelly Schwab stated that as a municipality, they are required to create a mandatory growth management plan. This plan must be adopted by ordinance and sent to the voters for approval. Ms. Schwab explained that this is unique in that General Plans are usually adopted by resolution and set forth the general policy of the town. Now, there will be a mandatory law which will supercede that policy. Because of all of this, the Town is going to be very limited as to what they can do to land outside of the urban growth areas. The Town will be unable to provide services outside of the growth areas. Thus, this will have a substantial effect on development that is outside of the population projections. The initiative requires the developer to pay the cost of additional public facilities that will be created. It will mandate air and quality laws by requiring the Town’s plan set policies and requirements to ensure that growth is consistent with and steady progress is being made at meeting the State and Federal requirements, and that continued compliance is maintained. This would put a lot of burdens on municipalities and affect our current laws. Another unique aspect of the initiative is that the voters will be in charge of approving land developments over 20 acres, which will take a lot of control from our government officials. The initiative also requires that Town officials: Board members, Commission Members, Council members, and employees cannot violate the provisions of the initiative. They cannot act contrary to the provisions of the initiative. They can even be held liable for failing to act in accordance with the initiative. The Attorney General has been given the authority to sue any member for failing to follow to act pursuant to the initiative. The initiative also defines vested property rights with a different definition of existing appellate case law. The initiative expands the authority to impose development fees, including schools. The initiative carries a broad definition of urban sprawl. The management growth plan must prescribe additional measures to limit urban sprawl. Ms. Schwab also went through a few more aspects of the provisions including repealing regulations on moratoriums, revision to state trust land laws to promote conservation efforts, changes voting requirements from 2/3 to 4/5 of the counsel on major amendments. With that, Ms. Schwab was open to any questions.

Chairman Kohlhoff stated that this ordinance appears that it will drastically change the way business in done in the Town, and might even cause people to think twice before serving in a public office. Chairman Kohlhoff expressed that this tie with D.E.S. would make things unworkable. Chairman Kohlhoff did not think it was such a great idea for the Town having to hold elections every month or so.

Commissioner Dodge felt that the ordinance had some worthy goals, but there are some provisions that will make it very difficult to deal with.

Commissioner Edwards felt that as this initiative comes about,
more information would become available.

GROWING SMARTER PUBLIC PARTICIPATION PROGRAM for the General Plan Update.

Senior Planner Geir Sverdrup requested the Planning Commission recommend approval of the Public Participation Program, which is mandated by Growing Smarter. Mr. Sverdrup explained that Staff is planning to use a number of venues to get information out to the public for Growing Smarter. There will be a Town web site, interactive computers, neighborhood services will be utilized to meet with the public, utility bills will have flyers to understand what is going on, presentations will be made to businesses and organizations, boards and commissions. Articles will be published in local papers to inform the public what the Town is planning to do. Also, if areas are missed, some civic organizations will be used to hang door hanger information. Mr. Sverdrup stated that Staff is hitting hard to due having six months to prepare the General Plan and get it ready. Mr. Sverdrup explained that there are some tight schedules to be met in order to bring this project to the voters.

The Commissioners wished Staff well on their aggressive schedule to get the project on the November 6, 2001 ballots.

A motion was made by Commissioner Dodge, seconded by Commissioner Edwards, to recommend approval to the Town Council of the Growing Smarter Public Participation Program as presented by Staff.

Motion Carried 5-0.

Zoning Code Interpretation-Dinner Theater

Planning Director Jerry Swanson stated that the Planning Commissioner serves as a body to interpret confusing or conflicting provisions in the ULDC, particularly the zoning ordinance. Mr. Swanson explained that they have been approached by private individuals interested in opening a dinner theater.   However, in researching the codes, conflicting provisions were found in the two shopping center districts looked at for this use. Without going into technical detail, Mr. Swanson stated that the definition of conference and banquet facilities refers to places of public assembly. However, in the table of permitted uses, these uses aren’t consistent in the zones. Thus, it is Staff’s recommendation that a live theater should be allowed in Planned Shopping Center 1.

With that, Mr. Swanson turned the presentation over to Senior Planner Mario Mangiamele to answer any questions.

Commissioner Edwards stated that she was comfortable with recommending approval of the zoning code interpretation.

A motion was made by Commissioner Edwards, seconded by Chairman Kohlhoff, to recommend approval of Staff’s recommendation to implement the zoning code interpretation for a dinner theater.

Motion Carried 5-0.

SP662-Legacy at Gilbert Towne Center-Proposed at the southeast corner of Civic Center Drive and Warner Road.

Senior Planner Dan Fairbanks presented Final Site Plan 662 approval for the Legacy at Gilbert Towne Center. The site is essentially 800 feet east of Town Hall. Mr. Fairbanks wished to give a brief overview of the project to the Commission. He stated that this request for site plan approval for 147 units on a big acre site. The zoning for the development was approved in 1985 as part of a master plan concept for the area. In 1987 it was amended but still retained the rights to put in 147 apartment units. Mr. Fairbanks explained that there will be combinations of two- and three-story buildings. The maximum building height for the buildings is 34 feet. 45 percent of the site is required to provide open space and common amenities. The apartments will include a pond area, clubhouse with recreational amenities, barbecues, turf areas, ramadas, tot lot, pool and Jacuzzi spa. There is a 10 foot landscape buffer along the east side of the site. Within that buffer is 24″ box trees. In front of each balcony are 36″ box trees to help obscure views from balconies. As for the parking, the requirements are slightly exceeded and 11% of the total parking spaces are provided in enclosed garages. Lastly, Staff received notice that all issues have been worked out with the school district.

Chairman Kohlhoff invited the applicant to come forward.

Mr. Reed Butler of Legacy Partners came forward. Mr. Butler
expressed that they are very excited about their project and
have tried to accommodate the adjacent neighborhood needs.
With that, Mr. Butler was open for questions.

Chairman Kohlhoff opened the public hearing.

Mr. Chris Marks 884 S. Jacob Street wished to know the prices for the units, the school issues, and if the project was a
done deal.

Town Attorney Kelly Schwab stated that legally this property has already been rezoned and the owner is able to develop apartments on this land. Ms. Schwab related that the purpose of the final site plan is to layout the development so it is in conformance with the rezoning ordinance and ULDC requirements.

Ms. Paula Criner, 326 E. Nunnelly Road, wished to state that she is in favor of the project. Ms. Criner only wished to know if an additional barrier wall would be put in place along the property to block them out of Settler’s Point.

Mr. Butler stated that a view wall would be put in place.

Ms. Jacque Gutierrez, 983 S. Jacob Street wished to know where the parking would be located.

Mr. Jim Applegate from Biltform Architecture, Inc. explained
the layout of the parking for the project.

Chairman Kohlhoff closed the public hearing and brought the
discussion back to the Commission.

A motion was made by Commissioner Strom, seconded by
Commissioner Dodge, to recommend approval of SP662 to the Town Council, subject to Staff stipulations, amended as follows:

Motion Carried 5-0.

1. Except as modified by the following conditions, the site
shall be developed in substantial conformance with the ULDC,
and the Site Plan recommended by the Planning Commission is
approved by the Town Council.

2. Prior to final action by the Town Council, the exterior
elevations, site design, signage, landscaping, lighting, and
grading and drainage plans shall be reviewed and approved by
the Design Review Board.

3. Water mains within the site shall be placed in an exclusive
12 foot easement that is to be dedicated by a Final Plat.

4. Participation in public sewer facilities is required as
approved by the Engineering Department.

5. A plan for water, sewer, and drainage for the project shall
be reviewed and approved by the Engineering Department prior to the issuance of any permits.

6. All half street improvements, including sidewalk and
landscaping, shall be developed and completed prior to issuance
of a certificate of occupancy.

7. A Final Plat shall be required prior to development of the
property.

8. Parking lot and security lighting shall comply with the light and glare criteria set forth in Section 11.22.A of the ULDC. Photometrics, lighting design and cut sheets shall be provided with the construction documents at time of submittal to the Building Department.

9. Frontage and right-of-way landscaping shall adhere to the
approved landscape theme for Settler’s Point (as approved by
Ordinance No. 617).

10. Roof mounted mechanical equipment shall be fully screened
by a parapet wall or mansard roof. Said screening shall meet
or exceed the height of the mounted mechanical equipment. To
the extent permitted by Federal Law, satellite dishes shall be
fully screened by a parapet wall or mansard roof.

11. The sanitation enclosure located east of building 7 shall
be shifted to the west between buildings 7 and 8 to provide
greater buffer to the single family residential to the east.

12. The maintenance garage area located within building number 6 shall be reserved for service related uses and shall not be converted to an apartment unit.

13. The floor plan for building types V and VI shall be revised so that all buildings have minimum 10′ bedrooms in conformance with ULDC section 1.42 (E) 8.

14. A sidewalk shall be added east of building 4 so as to
prevent pedestrian traffic from walking through landscaped
areas.

15. All detached garage structures shall be utilized for vehicular parking only. Storage shall be permitted as accessory only to that of vehicular parking.

PUBLIC HEARING:

Z00-15-Rezoning of an approximate 81-acre parcel from R-43
(Maricopa County Rural Residential) to Town of Gilbert PAD
(Planned Area Development) with the underlying zoning
classifications of R1-6, R1-7, and R1-8 (Single Family
Residential) for the development of a single family residential
subdivision with an overall density of 2.89 dwelling units per acre; and Preliminary Plat (S541) approval for Vista Dorada. The subject property is generally located at the northwest
corner of Appleby Road and Val Vista Drive.

Senior Planner Mario Mangiamele presented Z00-15, a request for an 81-acre residential development with an underlying zoning of R1-6, R1-7, and R1-8. Mr. Mangiamele noted that Staff made the findings that the applicant is adhering to the density criteria to achieve the proposed density of 2.89 units per acre, subject to stipulation M.   With respect to the present zoning, the applicant is requesting deviation on proposed lot widths. They are requesting 5′ deviations on the three underlying zoning classifications. Staff does not have any concerns with the requested deviations since the applicant exceeds the lot depth by providing at least a 20′ additional depth, as well as exceeding the lot area required for the zoning designations. For the development standards, the applicant is requesting some deviation on the R1-6 front yard setbacks for liveable area only. Additionally, side yard setback deviations are being requested on R1-6 and R1-7. The Code requires a 10 and 10 side yard; the applicant is requesting a 5 and 10 side yard setback. Furthermore, there is a request to exceed the lot coverage for single story dwelling units of 45%, Code requires 40%. Staff stated that they are supporting the deviations requested. Staff felt the deviations promote a more diverse streetscape. The applicant is exceeding the Town’s minimum landscape requirements as well as those prescribed by the Santan Area Plan. They are providing approximately 19.1% of the land area as open space. Mr. Mangiamele stated that after a phone call with the Chandler School District, it was stated that there are no concerns. Lastly, Staff has received no public concerns since the neighborhood meeting was held. With that, Staff had no concerns with the project and recommended approval subject to the stipulations, as modified during the study session on stipulation H. Mr. Mangiamele noted that the applicant did have a concern with stipulation O.
Chairman Kohlhoff invited the applicant to come forward.

Mr. Jason Morris came forward and reiterated Mr. Mangiamele’s
presentation of the project in a little bit more detail by discussing aspects of the open space.

Chairman Kohlhoff opened the public hearing.

Mr. John Felty, 6220 S. Rita Lane came forward. Mr. Felty stated that he is the president of his homeowners association. Mr. Felty expressed that he had received no negative input from the neighbors and that they are in favor of the project.

Ms. Lisa Burroughs, 21426 S. 146th Street, only wished for Staff to point out the equestrian trails to her.

Chairman Kohlhoff closed the public hearing and brought the discussion back to the Commission.

Commissioners Dodge and Edwards wished to have some
clarification from Town Council why they continue to approve 5
and 10 setbacks, while they worked hard to get 10 and 10.
Thus, the two Commissioners were not in support of this
deviation and did not feel there was sufficient reason to grant
it.

Whereupon, a short discussion ensued over granting the setbacks and the issue of side-entry garages. It was decided by the Commissioners to grant such deviation as stated in motion for recommendation for approval.

A motion was made by Commissioner Dodge, seconded by
Commissioner Edwards, to recommend approval of Z00-15 and
preliminary plat (S541) to the Town Council, subject to Staff
stipulations, modified as follows:

Motion Carried 5-0.

A. Dedication to the Town of those portions of Val Vista Drive, which are adjacent to the Project, which dedication
shall extend 65′ from the centerline. Said dedication shall be completed at the time of the Final Plat recordation for the subject project or sooner if required by the Town Engineering Department.

B. Dedication to the Town of those portions of Appleby Road, which are adjacent to the Project, which dedication shall extend 40′ from the centerline. Said dedication shall be completed at the time of the Final Plat recordation for the subject project or sooner if required by the Town Engineering Department.

C. Construction of all the required off-site improvements for Appleby Road, Val Vista Drive, and the collector and local street right-of-ways that are adjacent to and within the Project, shall be completed prior to the final inspection approval for any dwelling unit for the project. Phasing plans for streets shall not be considered.

D. A master plan for water, sewer, and drainage for the project shall be reviewed and approved by the Engineering Department prior to the issuance of any permits. Wastewater study shall address design of planned sewer facilities for this project and tributary facilities. Sewer buy-in required to tributary facilities.

E. The developer shall execute a petition to create a streetlight improvement district for the collector and local streets within the project.

F. Developer shall participate in the Vista Del Oro HOA (Homeowners Association) for the maintenance and preservation of all common areas, landscaping, and improvements within the open space areas, arterial and local street rights-of-ways, and local residential street trees as shown on the Preliminary Plat and Preliminary Landscape Plan. CCRs shall restrict developers from requiring turf in residential properties and shall not prohibit xeriscape in residential properties.

G. All retention basins shall contain natural design and meandering slopes. No ditch appearance shall be allowed. Open space shall be designated as pedestrian linkages/public access areas. Civil design shall allow for the placement of sidewalks and landscaping materials within open space/public access areas, in the size and amount noted on the Preliminary Landscape Plan.

H. The zoning for the project shall be R1-6, R1-7, and R1-8 (Single Family Residential) as shown on the Development Plan. Said project shall be developed in conformance with the Town’s zoning requirements for said districts, except as modified by these conditions. All residential lots shall comply with the following standards:

* Minimum front yard setback to face of garage is twenty (20′) feet (R1-6).

Minimum front yard setback for side-entry garages 15:15′ (R1-6).

Front yard setbacks shall be staggered, such that no more than one (1) adjacent lot has the same setback. Minimum of a three (3′) foot variation between lots.

** 5′ & 10′ side yard setbacks for side-entry garage units only (R1-6 and R1-7 only).

*** There shall be a rear yard having a depth of not less than twenty five (25) feet for single story and thirty-five (35) feet for two story when the rear yard is adjacent to an arterial street or a property zoned for commercial, industrial or agricultural.

**** Maximum lot coverage for one story dwelling units only. Two story dwelling units shall maintain 40%.

I. All side yards shall meet the “clear zone” requirements of
Ordinance No. 803 as modified.

J. There shall be no similar front elevations on adjacent lots
or across from one another. Elevations that merely change
minor features such as window location or small architectural
features are considered similar.

K. A minimum of a ten (10′) foot wide landscape tract shall be
provided for on the side of lots, siding onto local streets.

L. A minimum of a fifteen (15′) foot wide landscaped tract
shall be provided for on the side of lots, siding onto local
streets.

M. Lots’ 63, 64, 93, 94, and 175, as identified on the Preliminary Plat, shall be eliminated for a resulting lot count of two hundred thirty-four (234).

N. Monumentation design, landscaping, perimeter wall design and open space amenities shall be reviewed and approved by the Design Review Board prior to Council’s action on the Preliminary Plat.

O. Entry monumentation and ramada design shall < be revised to > address the community character goals specified by the San Tan Area Plan. Said plan shall be reviewed and approved by the Design Review Board as part of the Open Space Program, prior to Council consideration of the Preliminary Plat.

P. The design of pedestrian trails, equestrian trails, and placement of active area amenities, as presented on the Preliminary Plat for Vista Dorada, shall be implemented on the improvement plans per plans approved by the Design Review Board. The civil design shall be done in a way to support placement of plant material and hardscape as presented on plans approved by the Board.

Q. All standard plans shall require review and approval by the Design Review Board. The applicant shall submit four (4) side elevation drawings for each standard plan, a color board addressing colors, materials and finish schemes proposed for the roof, walls, and any other architectural detail. Design Review Board is required prior to the submittal of construction documents to the Community Development Department.

R. All subdivided lots shall provide adequate space to accommodate a minimum 8×10 foot (80 sq.ft.) covered patio within the required setbacks.

S. View walls shall be provided for all lots that back onto common open space areas. Said walls shall provide for a minimum of three (3′) foot high CMU topped with a minimum of three (3′) foot high wrought iron, or any combination that complies with the requirements of the pool barrier Ordinance.

T. At a minimum, active and passive open space areas shall provide for the following amenities:

* 3-tot lots (1-minimum 15 play stations, 2-minimum 20 play stations)
* 1-1/2 Court basketball
* 3-Ramadas
* 3-Picnic tables
* 3-BBQs
* 5-Benches
* 4-Trash receptacles
* 3-Bike racks
* 1-Hitching post
* 1-Automatic Water Trough
* Multi-Use equestrian/pedestrian trails

U. If features of archeological, paleontological, or historical interest are encountered or unearthed during construction of the Project, the Town shall stop work in the immediate vicinity of such feature, protect it from damage or disturbance. The Town shall not resume construction in the immediate vicinity of the feature until it is advised by the appropriate jurisdictional authorities that the removal of the feature or features have been completed.

V. The applicant shall perform a cultural resource survey that adheres to the specifications outlined by the State Historic Preservation Office (SHPO). Survey results shall be provided to SHPO prior to any civil design document submittal to the Town. Survey results and SHPO response to said survey shall be provided to the Planning Department as part of the documentation required to process any Final Plat for the Project.

W. Disclosure shall be provided to purchasers of residential units that the residential unit is located in an area that may be impacted by possible visual and physical impacts associated with agrarian economic activity (specifically but not limited to dairy operations) that is within close proximity to the development.

X. Water intensive landscaping for model homes (including turf, pools and water features) shall be limited to 20% of the landscaped area. Turf must be placed where it is usable and functional. The remaining landscape area (model homes) must be planted with approved Arizona Department of Water Resources (ADWR) low water use plants.

Y. The total water-intensive landscape area within the Project’s common areas shall not exceed 10% of the total landscape area if potable water is to be used for irrigation, or 50% of the total landscape if reclaimed water is to be used for irrigation. “Common Area” does not include active recreational areas, which are at least 10,000 square feet in area and at least 100 feet long and 100 feet wide. Municipal Code requires that reclaimed water be used if the water intensive landscaping covers an area of 5 acres or more.

Z. The maximum number of dwelling units allowed within the Project shall be two hundred thirty-four (234) and the maximum residential density shall be 2.89 dwelling units per acre.

GP00-4-Amend Transition Area B (GP98-2) by removing an approximately 65 acre site located north of Elliot Road and one-quarter mile west of Power Road, and amend the Land Use Map of the Town of Gilbert General Plan by changing the proposed land use of the 65-acre site from Multi-Use Commercial (MC) to Open Space (OS). & Z00-16-Rezoning of an approximate 65 acre site from Maricopa County R-43 (Rural Residential) to PF/OS (Public Facility/Open Space) located north of Elliot Road and one-quarter mile west of Power Road.

Planner Aruna Vasudev dually presented GP00-4 and Z00-16, starting with GP00-4. Ms. Vasudev stated that GP00-4 is a Staff-initiated General Plan Amendment for Elliot District Park. The site is approximately 65 acres located northwest of Power and Elliot Roads. Ms. Vasudev explained that there are two parts to this amendment. The first part would require taking the site out of Transition Area B, which is a General Plan Amendment adopted for Morrison Ranch in 1998. Ms. Vasudev stated that as for the Master Plan for Morrison Ranch, there are two vehicular connections running through the park: One going north/south, the other going east/west. The Town feels that this vehicular connection would limit the design, location and provision of the ball courts and other amenities. Ms. Vasudev stated that the second factor of this General Plan Amendment is to change the land use from Multi-Use Commercial to Open Space. Planner Vasudev stated that there are no major issues and that the project will be an excellent amenity to the Town. There will be no impact on schools or other facilities. With that, Staff recommended approval of GP00-4.

Planner Vasudev next moved on to the companion zoning case Z00-16, a request to change the zoning from R-43 to PF/OS, which is a standard practice in Gilbert for this type of use. With that, Staff recommended approval of Z00-16.

Chairman Kohlhoff opened the public hearing. Chairman Kohlhoff noted that Scott Morrison, 3180 E. Elliot Road wished to state in the record that: “Morrison Ranch appreciates the Parks and Recreation letter indicating the Pecan trees will be maintained on Elliot.” With that being said, Chairman Kohlhoff closed the public hearing and brought the discussion back to the Commission.

A motion was made by Commissioner Dodge, seconded by Commissioner Beene, to recommend approval of GP00-4 to the Town Council, subject to staff recommendations.

Motion Carried 5-0.

A motion was made by Commissioner Strom, seconded by Commissioner Edwards, to recommend approval of Z00-16 for Elliot District Park to the Town Council, as presented by Staff.

Motion Carried 5-0.

A. The zoning for the project shall be PF/0S. Said project
shall be developed in conformance with the Town’s zoning
requirements for said districts.

B. An archeological survey shall be completed prior to the issuance of any permit.

C. If features of archeological, paleontological, or historical interest are encountered or unearthed during construction of the Project, the Town shall stop work in the immediate vicinity of such feature, protect it from damage or disturbance. The Town shall not resume construction in the immediate vicinity of the feature until it is advised by the appropriate jurisdictional authorities that the removal of the feature or features have been completed.

D. Avigation easements shall be executed before a building permit may be issued.

E. The construction, alteration, moving, partial demolition, repair and use of any building or structure shall comply with the Sound Attenuation Standards, as referenced in the WRPS Appendix, in order to achieve an exterior to interior Noise Level Reduction (NLR) of 20 decibels.

Z00-20-An amendment to the Coronado Ranch Planned Area Development (PAD) to rezone Parcel 5, an approximate 19.24-acre parcel, in order to reduce the minimum front yard setback from 25 to 20 feet, reduce the minimum rear yard setback from 20 to 15 feet, and increase the minimum side yard setbacks from 5 and 10 feet to 10 and 12 feet. The subject property is generally located 1/2 mile east of Higley Road and 1/2 mile north of Queen Creek Road, on the west side of East Arrowhead Trail.

Planner Suzanne Gunderman stated that the applicant is now requesting a continuance of Z00-20 to the first meeting in November in order to address setback issues.

Chairman Kohlhoff opened and closed the public hearing and brought the discussion back to the Commission.

A motion was made by Commissioner Strom, seconded by Commissioner Dodge, to recommend a continuance of Z00-20 to the first meeting in November.

Motion Carried 5-0.

LIGHT AND GLARE ORDINANCE-Discussion and recommendation of a proposed amendment to Section 11.22 of the Unified Land Development Code repealing the existing Subsection A related to light and glare and adopting new Subsection A entitled Light and Glare regulating outdoor light fixtures in order to minimize light pollution.

Mr. Mike Palumbo with Code Enforcement presented the Light and Glare Ordinance to the Commission. Mr. Palumbo stated that during the past year, the Town has had a number of complaints regarding light and glare. Thus, Code Enforcement, legal counsel, have looked at the ULDC and made some amendments to better address the issue. Mr. Palumbo stated that the new code encourages energy efficient lighting, reduces the impact on residential neighborhoods, promotes safety. The new ordinance follows the guidelines of the Dark Sky Ordinance. Mr. Palumbo stated that this new code has been worded and revised by Design Review Board Member Robin Schneider, who is a lighting expert. The code was also revised by Ian Luman PH.D. who is an expert in the field of lighting science. He stated: “This Code should be a model for all developments and municipalities.” Mr. Palumbo felt that the Code will clarify a lot of issues with the developers and the Town Staff for projects. With that, Staff recommended approval of the project.

Town Attorney Kelly Schwab stated that by drafting this Code, the goal was to provide better definitions as to terminology, plan review processes. This code was written to reach a compromise between what the Town needs to protect its residents, and what developers need to protect their developments.

Chairman Kohlhoff opened and closed the public hearing and brought the discussion back the Commission.

Attorney Schwab reminded the Commission of a change to their report on page six which should needs to change the .75 candle to .25.

A motion was made by Commissioner Edwards, seconded by Commissioner Dodge, to recommend approval of the Light and Glare Ordinance to the Town Council, subject to Staff’s recommendations as amended.

Motion Carried 5-0.

COMMUNICATIONS:

A REPORT FROM THE CHAIRMAN ON CURRENT EVENTS: Chairman Kohlhoff turned his report over to the subcomittees.

SUBCOMMITTEE REPORTS:
Commissioner Edwards, who served on the Santan SRP group, reported that mitigation measures on- and off-site were discussed. Commissioner Edwards stated that a $20,000 study was done to determine the market value of homes in the area due to this project. Commissioner Edwards stated that the result of the study was that there was no substantial proof that common knowledge of SRP degraded the value of the homes.

REPORT FROM THE PLANNING DIRECTOR ON CURRENT EVENTS:
Planning Director Swanson reminded the Commission that next week is the APA Conference up in the White Mountains. Mr. Swanson stated that the consultant from San Francisco will be here in a week to interview Staff and the Commissioner to get their feelings on the Code and on how they really want neighborhoods to be. Third, Mr. Swanson suggested that the first meeting in October might be a good time to discuss the responsibilities of the Commission as the Board of Adjustment and Zoning Hearing Officer.

ADJOURNMENT:
Chairman Kohlhoff adjourned the special meeting at 8:07 p.m.

Recorder Heather R. Urie-Ruth

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