TOWN OF GILBERT PLANNING & ZONING COMMISSION, REGULAR MEETING

GILBERT MUNICIPAL CENTER
1025 S. GILBERT ROAD, GILBERT, ARIZONA

OCTOBER 17, 2001

COMMISSION PRESENT: Chairman Joan Krueger, Vice Chairman Brigette Peterson, Commissioner Michael Monroe, Commissioner Dan Dodge, Commissioner James Beene, Alternate Commissioner Todd Hanson

COMMISSION ABSENT: Commissioner Stan Strom, Commissioner Karl Kohlhoff

STAFF PRESENT: Planning Director Jerry Swanson, Planning Manager Linda Edwards, Planning Manager Maria Cadavid, Senior Planner Geir Sverdrup, Senior Planner Mario Mangiamele

ALSO PRESENT: Town Traffic Engineer Bruce Ward, Council Member Don Skousen, Recorder Trasie Johns

I N D E X

PLANNER CASE PAGE VOTE
Mr. Sverdrup Z01-27 2 Continued
Mr. Sverdrup UP01-9 2 Continued
Mr. Fairbanks Z01-11 3 Continued
Mr. Fairbanks UP01-6 3 Continued
Mr. Mangiamele S543 4 Approved
Ms. Edwards UP01-10 5 Approved

CALL TO ORDER:

Chairman Joan Krueger called the meeting to order at 6:05 P.M.

ROLL CALL:

Ms. Johns called roll and a quorum was determined to be present.

APPROVAL OF AGENDA:

Chairman Joan Krueger announced that she wanted to move items 3, 4, 5 and 6, since they were requesting to be continued, to the front of the agenda. She requested a motion to approve the agenda.

A motion was made by Commissioner Dan Dodge, seconded by Commissioner James Beene to approve the agenda moving items 3, 4, 5 and 6 to the front of the agenda.

Motion Carried 6-0.

COMMUNICATIONS FROM CITIZENS:

Chairman Joan Krueger announced that members of the public could comment on items not on the agenda. She stated that the Commissionâ??s response was limited to responding to criticism, asking staff to review a matter commented upon or asking that the matter be put on a future agenda. She asked if anyone would like to speak. She informed the audience that there were blue slips that needed to be filled out if anyone wanted to speak.

No one came forward.

PUBLIC HEARING

Z01-27 - Amendment of Ordinance 922 for the East Valley Bible Church to eliminate the required local industrial road at the northern boundary line of the church property. The subject property is generally located west William Dillard Boulevard and north of Elliot Road.

Senior Planner Geir Sverdrup informed the Commission that Z01-27 was an application for East Valley Bible Church to amend their zoning to remove the requirement for a local industrial road along the northern boundary line of their property. The application had been reviewed by the Engineering Department and the Fire Department, which concluded that the road was not needed. He explained that the item didnâ??t get posted and Staff was therefore asking for it to be continued to the November 7, 2001 agenda.

Chairman Joan Krueger asked if the applicant wanted to make a presentation.

Mr. Sverdrup stated that the applicant would like to wait to make the presentation until the next meeting.

Chairman Joan Krueger opened the public hearing and asked if anyone wanted to speak on the item. Seeing no one, she brought it back to the Commission and requested a motion.

A motion was made by Commissioner Dan Dodge, seconded by Vice Chairman Brigette Peterson, to continue Z01-27 to the November 7, 2001 meeting.

Motion Carried 6-0.

UP01-9 - A Use Permit to expand the existing and new church oriented facilities throughout the entire 21.76 acre site. The subject property is generally located west William Dillard Boulevard and north of Elliot Road.

Senior Planner Geir Sverdrup informed the Commission that UP01-9 was a Use Permit request for the East Valley Bible Church as they were expanding their campus. He noted that a worship facility in an industrial zoning district required that they have a Use Permit. In addition, he explained that they were having a public facility area in the center of their compound, which further required a Use Permit. He explained that there was a problem with the posting of the site, so Staff was requesting that they continue the item to the November 7, 2001 agenda.

Chairman Joan Krueger asked if the applicant wanted to make a presentation.

Mr. Sverdrup stated that the applicant was in the audience but was willing to wait to make his presentation until the next hearing.

Chairman Joan Krueger opened the public hearing and asked if anyone wanted to speak on the item. Seeing no one, she brought it back to the Commission and requested a motion.

A motion was made by Commissioner Dan Dodge, seconded by Commissioner Michael Monroe, to continue UP01-9 to the November 7, 2001 meeting.

Motion Carried 6-0.

Z01-11 - Amendment of the existing Spectrum at Val Vista PAD zoning to establish development standards and design criteria for the Central Christian Church on approximately 160 acres located at the southeast corner of Germann Road and Lindsay Road. Staff has requested continuance to November 7, 2001.

Planning Manager Maria Cadavid informed the Commission that Staff was asking for a continuance on Z01-11 since the applicant was aware of the traffic issues that had been verbally resolved, but they had not revised the traffic study. Therefore, they had agreed to do this and had asked for a continuance to the November 7, 2001 meeting.

Chairman Joan Krueger opened the public hearing and asked if anyone wanted to speak on the item. Seeing no one, she brought it back to the Commission and requested a motion.

A motion was made by Vice Chairman Brigette Peterson, seconded by Alternate Commissioner Todd Hanson to continue Z01-11 to the November 7, 2001 meeting.

Motion Carried 6-0.

UP01-6 - A Use Permit to allow recreational facilities in conjunction with the Central Christian Church, on portions of an approximate 160-acre site located at the southeast corner of Germann Road and Lindsay Road. Staff has requested continuance to November 7, 2001.

Planning Manager Maria Cadavid informed the Commission that UP01-6 had the same issue as the previous case and was the companion Use Permit to the zoning amendment request. Since it needed to be acted upon action of the zoning case, Staff was recommending continuance to the November 7, 2001 meeting.

Chairman Joan Krueger opened the public hearing and asked if anyone wanted to speak on the item. Seeing no one, she brought it back to the Commission and requested a motion.

A motion was made by Commissioner Michael Monroe, seconded by Alternate Commissioner Todd Hanson to continue UP01-6 to the November 7, 2001 meeting.

Motion Carried 6-0.

S543 - Preliminary Subdivision Plat for Highland 5, an approximate 20-acre residential subdivision containing 62 single family lots. The subject property is generally located one-quarter (1/4) mile east of the southeast corner of Higley and Frye Roads.

Senior Planner Mario Mangiamele informed the Commission that S543 was a request for a Preliminary Subdivision Plat for Highland 5, an approximate 20-acre residential subdivision containing 62 single-family lots. He explained that the subject property was generally located one-quarter (1/4) mile east of the southeast corner of Higley and Frye Roads. He noted that the Planning Commission recommended approval of the zoning for the site back in March 2001 and Town Council approved the P.A.D. R1-7 zoning in April. He used the visual aid to show the project and described the surrounding area.

To address the Preliminary Plat, Mr. Mangiamele used a visual aid to discuss the street system that consisted of no cul-de-sacs, complying with some of the design guidelines of the Gateway Area. The subdivision provided a connection through Chandler Ginning subdivision to the south; ultimately connecting to Pecos Park I and II, further south and southwest. Local streets were designed with 50-foot right-of-way, however there were deviations that were approved along with the zoning, which allowed for a curb separated sidewalk and a tree line street. He explained that a lot of discussion ensued about 172nd Street, which was currently a county alignment. The Town had not indicated any desire to require dedications or improvements to the street alignment. He commented that what had already occurred further south with Chandler Ginning and Pecos Park II was a minimum of a 40â?? wide open space buffer zone, which also incorporated a 10â?? wide equestrian trail.

Mr. Mangiamele addressed the landscape and open space. He noted that the project complied with the zoning in that it was providing 17.8% open space for the overall development. This was in excess of the minimum 10% requirement. He explained that a Higley Elementary School would be just north of Frye Road, north of the project. The applicant had agreed to provide a pedestrian link through the open space, coming out of the subdivision to an area where there will be a suitable crossing to the school in the future. He informed the Commission that the Design Review Board just approved the open space program consisting of the amenities and the finer details of the wall design and entry monumentation, street signs and streetlights.

Mr. Mangiamele commented that internal or off site phasing had not been requested with the Preliminary Plat. It was proposed to be developed all at once. He stated that all the main concerns of the Engineering Departments and Fire Departments had been addressed. In addition, he explained that Higley School District had also indicated that their issues of concern had been addressed by the applicant. Although not required of the Subdivision Plat as it was outside of the area of influence for Williams Gateway Airport, the applicant had agreed to comply with public notification requirements that had been suggested by the Airport authority. With regards to public input, no adjacent property owners attended the required neighborhood meeting for the zoning and subsequently Staff had not received any additional input on the project. The project was noticed and mailing did occur to residents within 300â?? of the project. He concluded his presentation by stating that Staff was recommending approval of the project with the conditions as listed in the Staff Report.

Commissioner Dan Dodge commented that he was pleased to see on the Preliminary Plat the indication of the sign on the stub road. He recalled how many times they had faced the issue of neighbors not wanting the street to be completed when the adjacent neighborhood was to be completed. By requiring the sign at the stub road at the beginning, he felt that would help residents to be aware of the continuance of the road in the future.

Chairman Joan Krueger asked if the applicant wished to make a presentation.

Mr. Mangiamele replied that the applicant didnâ??t have anything further to add.

Chairman Joan Krueger opened the public hearing and asked if anyone wanted to speak regarding the item. Seeing no one, she closed the public hearing and brought it back to the Commission for discussion and action.

A motion was made by Alternate Commissioner Todd Hanson, seconded by Commissioner Dan Dodge, to approve S543 subject to Staff stipulations.

Motion Carried 6-0.

Staff recommends approval of S543, the Preliminary Plat for Highland 5, subject to the following conditions:

The site shall be developed in conformance with the Preliminary Plat, shown as Exhibit 2 and dated October 17, 2001. The plat shall be revised to incorporate:
A minimum 6-foot wide meandering sidewalk within the active and passive open space areas.
Land Use data (Zoning) shall be changed to delete the word â??Proposedâ?? and change the Current Zoning from â??Agricultureâ?? to â??PAD, R1-7â??.
A revised exhibit shall be submitted for Staff approval prior to submittal of any Final Plat documents.

Planning Director Jerry Swanson informed the Commission that the subdivision that they just approved would become a part of the same development as Chandler Ginning, which surrounded it to the west and to the south. So, the intent was that it would be developed by the same builder, the same streetscape and the same housing product. He explained that it would appear to be a single neighborhood.

UP01-10 - A Use Permit to allow Classic/Collector Automobile sales within a C-2 zone. The subject property is located at the northeast corner of Gilbert Road and Vaughn Avenue.

Planning Manager Linda Edwards informed the Commission that UP01-10 was a Use Permit to allow Classic/Collector Automobile sales within a C-2 zone. She noted that the subject property was located at the northeast corner of Gilbert Road and Vaughn Avenue. She explained that the Heritage District reviewed the project at their hearing on September 20, 2001 and approved the project with a couple of stipulations that were included in the Staff Report.

Ms. Edwards reviewed the definitions of classic automobiles and historic automobiles. She explained that one of the concerns was the nature of the vehicles to be sold on the lot. Gilbert Road has great visibility and there was concern that the project would be in conformance with the Heritage District Redevelopment Plan. One of the goals in the plan was to have a pedestrian friendly atmosphere with mixed uses. Therefore, Staff had contacted the Classic Car Club of America (CCCA), and was told that a classic automobile was defined as “a fine or unusual motor car which was built between and including the years 1925 to 1948.” ADOTâ??s definition of a classic automobile was “historic vehicle was 25 years or older.”

Ms. Edwards discussed the findings that must be met for a Use Permit. She stated that the project was in conformance with the General Plan since it was in conformance with the Village Center land use category. It was also in conformance with the Heritage District Downtown Redevelopment Plan. She noted the policy for businesses that would stimulate growth and provide an identity in the area. She explained that criteria two listed some of the issues with the project that Staff considered as potential impacts to the neighboring or adjacent uses. The building existed and the owner was not proposing any changes to the building including access. There was existing parking for fifteen vehicles and more on the street. All services were available to the project. All screening and buffering existed with walls and appropriate land uses adjacent to the property. Additional sign and lighting would come back to the Design and Review Board for approval. The proposed canopy and front landscape area would come back to the Redevelopment Commission for approval to make sure it is in compliance with their design guidelines. She added that there had been no public input as of date.

Ms. Edward addressed the concern of a car in disrepair that would not be placed in the front yard setback. She explained that this area would be the show area for the business. She stated that they believed that they would put their best vehicle in the front yard setback. She noted that she called the City of Scottsdale and spoke with two code enforcement officers and a senior planner that dealt with new and used car sales. She stated that they believed that the law of economics in putting the best product in the front had been their history. She listed a simple stipulation that the Commission could add if they wanted: “Vehicles on display in the front setback would be maintained in good repair.”

Ms. Edwards discussed the stipulations in the Staff Report. She stated that the Staff believed two years to be an appropriate time for the Use Permit to expire. The owner that wanted to buy the property wouldnâ??t be able to purchase it for one year. That would allow him enough time to purchase the property and develop the construction documents for changes. She explained that he envisioned a front display area, an open window and other improvements to the building. She noted that they had included the definition for classic and historic vehicles in the stipulations. She added that the Townâ??s Traffic Engineer would like to restrict access off of Gilbert Road. She concluded her presentation by stating the Staff was recommending approval of the project.

Commissioner James Beene asked if there would be any repairs done at the location.

Ms. Edwards replied that there would not be any vehicular repairs done at the business.

Commissioner Dan Dodge asked why they were only granting a use permit for two years, as he thought that was a rather short period.

Ms. Edwards stated that they learned that the property was not for sale immediately, but they wanted to begin the business then. She explained that they wanted to make business and site plan improvement to the site plan after they owned it, and Staff believed that two years was enough time for that transaction to take place and for them to draft up improvements to the site. They were also going to be purchasing a lot adjacent to them. She concluded that the property size, the extent of the use, and the building and site plan might change.

Commissioner Dan Dodge asked if what they were proposing now they would do right away, and within the next two year they expected to enlarge and change their business to change it significantly. He asked if the Staff felt it would change enough to warrant the Commission to look at the case in two years.

Ms. Edwards concurred with Commissioner Dan Dodge.

Vice Chairman Brigette Peterson stated that she was concerned about the look of the vehicles that were on the property. She explained that she was concerned that a fine or unusual motor car built between 1925 and 1948 means the make, model and year of the vehicle, not necessarily what the outside of the vehicle looked like. She added that she had done some research on the Internet to find that a historical vehicle being 25 years or older, might not want to be seen on Gilbert Road. She asked if they would only be purchasing cars that have already been restored and would not be doing any repairs on the vehicles.

Ms. Edwards agreed that none of the cars would be restored on site. She announced that the owner was in the audience and might be able to better answer questions regarding his business.

Rob Osgood, P.O. Box 784, Gilbert, AZ with Steel Dreams came forward. He informed the Commission that they would not be putting anything on display that would detract from their business. He added that they would not be doing any repairs and the vehicles that they received would be in excellent condition.

Vice Chairman Brigette Peterson asked if the applicant would be comfortable adding the word “restored” in the stipulation that Ms. Edwards had previously stated.

Mr. Osgood replied that some of the vehicles might not be in need of restoration and could be original.

Chairman Joan Krueger suggested that they use the stipulation that Ms. Edwards had sited. She asked the stipulation to be repeated.

Ms. Edwards restated the stipulation: “Vehicles on display in the front setback would be maintained in good repair.” She added that they had discussed adding the words “operating” or “licensed”, but they believed that they could have excellent looking vehicles that were not operating or licensed.

Commissioner Dan Dodge explained that the reason a Use Permit had an expiration date was that they could review it in two years to determine if it was what the Commission had envisioned. He asked if the applicant had operated the business elsewhere or if it was a new business.

Mr. Osgood answered that it was a new business.

Chairman Joan Krueger asked if Mr. Osgood was all right with the new stipulation that Ms. Edwards had just reviewed.

Mr. Osgood replied that he didnâ??t have a problem with the new stipulation.

Chairman Joan Krueger opened the public hearing and asked if anyone wanted to speak. Seeing no one, she brought it back to the Commission for discussion and action.

Chairman Joan Krueger stated that she had looked at a lot of classic car lots and assumed that this business would bring value to Gilbert Road and the Town would be proud of it. She hoped that it would bring the level of diversity and attraction that they were looking for.

A motion was made by Commissioner Dan Dodge, seconded by Alternate Commissioner Todd Hanson, to approve UP01-10 subject to Staff stipulations, adding a stipulation to state “Vehicles on display in the front setback would be maintained in good repair.”

Motion Carried 6-0.

Staff recommends approval of UP01-10, to allow Steel Dreams, a Classic/Collector Automobile sales business to operate at the northeast corner of Vaughn Avenue and Gilbert Road subject to the following conditions:

The Use Permit shall be limited to two years to expire 24 months after approval by the Planning and Zoning Commission.
Display and sales of automobiles are limited to classic, collector, or historical vehicles able to meet the Historical Automobile classification established by the Arizona Department of Transportation (ADOT). A classic automobile is defined as “a fine or unusual motor car which is built between and including the years 1925 to 1948. ADOT defines historical automobiles as being 25 years or older.
Prohibit access from Gilbert Road to the front lot display pad.
Driveways and parking areas shall be dustproofed.
Utilize the Heritage District Redevelopment Plan Outdoor Furniture Palette and Plant List Guide. Canopies, lighting, and signage should be consistent with the architecture in the area and reflect the goals of the Heritage District.
The canopy design shall be reviewed and approved by the Redevelopment Commission.
Rooftop mechanical equipment shall be fully screened.

The location of trash receptacles shall be reviewed and approved by the Planning Department.
Vehicles on display in the front setback would be maintained in good repair.
ADMINISTRATIVE ITEM

Chairman Joan Krueger reminded the Commission that the next meeting was scheduled for November 7, 2001. She added that they had a joint meeting with the ULDC consultant and the Design Review Board on November 14, 2001 in Room 300 at 5:00 P.M.

COMMUNICATIONS

A Report from the Chairman on current events.

There was no report given.

Subcommittee Reports.

There was no report given.

Report from the Planning Director on current events.

Planning Director Jerry Swanson reminded the Commission that at the last meeting, Commissioner Dodge had requested that they have a discussion regarding the purpose of Commissionâ??s Working Sessions. He commented that he had sent a memorandum to the Planning Staff back in early October to clarify the purpose of the Working Sessions. He stated that the basic purpose of the Working Session was to familiarize the Commission with issues that would be coming before them for determination, a recommendation or a decision at a later time. He added that they wanted to give the Commission background and exposure to the project and allow the Commission to ask questions and request additional data. He clarified that the purpose was not for the Staff to elicit a recommendation from the Commission as it was most properly done at the public session following public input or input from an applicant. He concluded by asking for questions from the Commission.

Chairman Joan Krueger stated that in the memorandum, a distinction was made that the Commission operated differently than the Design Review Board and they were not asked to provide as much direction in the Working Session.

Planning Director Jerry Swanson added that one of the purposes of the Design Review Boardâ??s Working Sessions was to give the applicant and designer some insight into those changes that may be necessary in order to get the project up to standard of the Design Review Board. In addition, the Staff needed to understand the Boardâ??s concerns regarding the design layout of the project.

Commissioner Dan Dodge commented that he was concerned with the e-mail that they received and that Planning Director Jerry Swanson had clarified his intent of the e-mail. He was concerned that the intent of the Working Session was for Staff to present the case and they werenâ??t looking for input from the Planning Commission. He felt that the Working Session was the appropriate place to address issues of concern from the Commission.

Chairman Joan Krueger clarified that they were responsible for addressing issues, but not to give specific recommendation or direction on the item.

ADJOURN REGULAR MEETING

Chairman Joan Krueger adjourned the meeting at 6:45 P.M.

ATTEST:

Recorder Trasie Johns

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