Planning & Zoning Commission Regular Meeting Minutes

1025 S. Gilbert Road

April 3, 2002

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

COMMISSION ABSENT: Commissioner Karl Kohlhoff

STAFF PRESENT: Planning Director Jerry Swanson, Planning Manager Linda Edwards, Planning Manager Maria Cadavid, Senior Planner Dan Fairbanks, Planner Jessica Galloway

ALSO PRESENT: Town Traffic Engineer Bruce Ward, Recorder Trasie Johns

I N D E X

PLANNER CASE PAGE VOTE
Mr. Fairbanks UP01-13 2 Approved
Ms. Galloway UP01-16 3 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 requested a motion to approve the agenda.

A motion was made by Commissioner Dan Dodge, seconded by Vice Chairman Brigette Peterson to approve the agenda.

Motion Carried 7-0.

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

UP01-13 Use Permit to approve an automobile service facility for Brakes Plus on an approximately 48,948 SF site. The proposed site is a vacant pad within the Bayshore Plaza retail center located approximately 230 feet west of the northwest corner of Warner Road and Cooper Road in the PSC-1 (Planned Neighborhood Shopping Center) zoning district.

Senior Planner Dan Fairbanks informed the Commission that UP01-13 was the Use Permit to approve an automobile service facility for Brakes Plus on an approximately 48,948 SF site. The proposed site is a vacant pad within the Bayshore Plaza retail center located approximately 230 feet west of the northwest corner of Warner Road and Cooper Road in the PSC-1 (Planned Neighborhood Shopping Center) zoning district. He explained that the Brakes Plus pad site was a finished pad within Bayshore Plaza with existing parking.

Mr. Fairbanks identified that the applicant was proposing eight service bays, seven of which would face to the north toward the tenants that were located in Bayshore Plaza. To mitigate some of the components of a vehicle service facility, Brakes Plus was proposing an eight-foot wall to the north that would be between the service component and the tenant spaces to the north. In 1996, the Town Council approved a Use Permit, which reduced the required number of parking spaces for the pad from 53 spaces to 43 spaces. At that time, the users that were envisioned for the site were two restaurants, which were fairly intensive parking users. This use, he explained, would be a low parking generator with the required number of parking spaces of 15 spaces. The site was providing a total of 30 parking spaces. As part of the submittal, the applicant submitted a sound analysis due to some concerns that the Design Review Board had in order to evaluate if anything needed to be mitigated from the service bays. The acoustical analysis identified that the facility operated at a fairly low level of noise, an average dba of 52.8. He noted that the Staff was comfortable that the facility would operate in a manner that was compatible with the commercial properties to the north.

Mr. Fairbanks discussed how the item met the required findings for a Use Permit. The first finding was that the use was in conformance with the General Plan and its policies. The General Plan for the site was Neighborhood Commercial and the automotive service use was permitted in this zoning district subject to the Use Permit approval. In terms of the compatibility standards, the site had adequate access with two points of access from Warner Road plus additional access points that were available on Cooper Road. The utility service was in place since it was a finished pad. The use incorporates a number of buffers; the eight foot screen wall to the north and the eight 24â?? large box trees. One of the provisions that the ULDC required was that automotive service facilities meet a 200â?? setback from a adjacent neighborhoods and this project met that requirement. The signs and lighting for the facility were acceptable. The signage would be required to be in conformance with the approved master sign package for Bayshore Plaza and would be determined at the Design Review Board meeting. The hours of operation were 8:00A.M. to 6:00 P.M., Monday through Friday and 8:00 A.M. to 5:00 P.M. on Saturday. This request met all code requirements. He concluded his presentation and asked for questions from the Commission.

Commissioner Shane Leonard asked if the site in Colorado where they did the sound study was similar to the proposed site.

Mr. Fairbanks replied that the site in Colorado did not have the screening trees and eight foot screening wall that the proposed site incorporated. He noted that the specifics of the site in Colorado would best be addressed by the applicant.

Chairman Joan Krueger requested that the applicant come forward and make his presentation.

Larry Peschotta, 9027 N. Crown Ridge, Fountain Hills, the president of Brakes Plus came forward. He explained that the facility that they had the sound study done on was in a community in Colorado that didnâ??t allow any other automotive services into the area. He added that they were the only facility that was allowed to be placed in the area since they have a very clean business.

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

A motion was made by Vice Chairman Brigette Peterson, seconded by Commissioner Shane Leonard, to approve UP01-13 subject to Staff stipulations.

Motion Carried 7-0.

Staff recommends approval of UP01-13, subject to the following conditions:

The 8 - 24″ box trees north of the service bays shall be of an evergreen species, as approved by the Design Review Board.

The service bay on the east elevation shall be screened with a wall and landscape planting located east of the vehicle service bay door, as approved by the Design Review Board at the time of Design Review.

Development of the site will include fire hydrants in conformance with Fire Department requirements.

Planning Director Jerry Swanson announced that Senior Planner Dan Fairbanks had just given his last presentation to the Commission, as his service to the Town of Gilbert would cease in about a week.

UP01-16 Use Permit to approve the use of a drive thru, for the existing Filibertoâ??s in Encore Plaza. The subject site is located on the southeast corner of Baseline and Gilbert Roads, and is zoned PSC-1, PAD (Planned Neighborhood Shopping Center District, Planned Area Development).

Planner Jessica Galloway informed the Commission that UP01-16 was a Use Permit to approve the use of a drive thru, for the existing Filibertoâ??s in Encore Plaza. The subject site was located on the southeast corner of Baseline and Gilbert Roads, and is zoned PSC-1, PAD (Planned Neighborhood Shopping Center District, Planned Area Development). She used the visual aid to show the surrounding area around the project.

Ms. Galloway indicated that the project had met all the required findings for a Use Permit. The first finding was that the project was in conformance with the General Plan as it was allowed in the Shopping Center land use category. Regarding the second finding and adequate ingress and egress, the project had two access points off Gilbert Road. There was an additional access off of Baseline Road. She noted that they were not proposing any new access sites and pointed out the existing drive through on the visual aid. She indicated that they would be closing down one of the drive thru entrances and would be increasing the size of the building. They would also be adding additional screening that would help screen the mechanical equipment that was currently not screened. She stated that based on the parking demand study the Town Engineer approved the parking for the project. She added that there were not any changes to the utility service, signs and lighting or the hours of operation. She concluded her presentation by stating the project was in compliance with the Town standards and requirements and that Staff was recommending approval of the Use Permit.

Commissioner Dan Dodge asked why they were approving a Use Permit for the drive thru if they already had a drive thru at that location.

Ms. Galloway replied that when the initial building was erected with the two drive thru locations there was not a Use Permit needed. Because of the reconstruction, they would need to have the building brought up to code and submit for a Use Permit.

Commissioner Shane Leonard inquired about the new curb that was illustrated to be near the drive thru.

Ms. Galloway pointed out using the visual aid the new curb that they were adding and the landscaping area.

Commissioner Shane Leonard noted that when he had been at the location in the past, the few parking spaces available were completely blocked for use when the drive thru was full. He was concerned that they would need to mitigate the traffic out of the drive thru so they would not block the parking spaces.

Vice Chairman Brigette Peterson added that she noticed that the parking spaces in that plaza were very small and would also make it difficult for traffic to get in and out of the spaces.

Commissioner Dan Dodge suggested that with the change to only one drive thru they would be able to mitigate the traffic flow better. With the curb, he thought it would swing the traffic to the west and not block the parking to the south.

Ms. Galloway agreed with Commissioner Dan Dodge in that the traffic should flow better from the drive through with the addition of the curb.

Commissioner Dan Dodge asked if the lane would be painted or striped so that it would be clearly marked where people would need to line up for the drive thru.

Ms. Galloway replied that they had not looked into this issue but could address it with the applicant.

Commissioner Dan Dodge recommended that they paint the outside of the lane so it was clear and include this in the administrative site plan review.

Chairman Joan Krueger asked if the applicant wanted to make a presentation. He did not.

Chairman Joan Krueger opened the public hearing and asked if anyone would like to come forward. Seeing no one, she closed the public hearing and brought it back to the Commission for discussion and action.

A motion was made by Commissioner Dan Dodge, seconded by Commissioner James Beene, to approve UP01-16.

Motion Carried 7-0.

ADMINISTRATIVE ITEM

Minutes â?? Regular Meeting minutes of March 6, 2002

Chairman Joan Krueger requested a motion to approve the minutes of March 6, 2002.

A motion was made by Commissioner Dan Dodge, seconded by Vice Chairman Brigette Peterson, to approve the regular Meeting minutes of March 6, 2002.

Motion Carried 7-0.

Appointment of a Zoning Hearing Officer and alternate.

Planning Director Jerry Swanson explained that the zoning ordinance provided for the Planning and Zoning Commission to appoint one of its members as the Zoning Hearing Officer for the purpose of hearing and deciding upon applications for variances. He reminded the Commission that approximately a year ago, they had appointed Commissioner Dan Dodge as the Zoning Hearing Officer. The code limited the term of that appointment to one year with one potential extension of one year. He noted that Commissioner James Beene was the alternate Zoning Hearing Officer and that appointment was for one year with one year potential extension.

Commissioner Dan Dodge announced that he would be willing to continue as the Zoning Hearing Officer for another year if that was the wish of the Commission.

Commissioner James Beene agreed to continue for another year as the alternate Zoning Hearing Officer.

Chairman Joan Krueger asked if anyone wanted to discuss the issue any further. Seeing no discussion, she requested a motion.

A motion was made by Commissioner Michael Monroe, seconded by Alternate Commissioner Todd Hanson, to continue the appointment of Commissioner Dan Dodge as the Zoning Hearing Officer and Commissioner James Beene as the alternate Zoning Hearing Officer.

Motion Carried 7-0.

Next regular meeting May 1, 2002

Chairman Joan Krueger announced that the next regular meeting would be on May 1, 2002.

Commissioner Dan Dodge asked if there would be a mid May meeting.

Planning Manager Maria Cadavid informed the Commission that they had not determined whether they would have a meeting in mid May, but would make that decision soon and notify the Commission.

COMMUNICATIONS

A Report from the Chairman on current events.

Chairman Joan Krueger announced that the Planning Conference was happening in a week in Chicago and Vice Chairman Brigette Peterson would be attending it.

Subcommittee Reports.

Planning Director Jerry Swanson stated that the Bylaws Committee had work pending.

Report from the Planning Director on current events.

Planning Director Jerry Swanson informed the Commission that he had accepted the resignation of Dan Fairbanks who had accepted the position as Planning Manager for the Marsh Air force Base Reuse Authority in Riverside County. In addition, Brooke Bailey had also given her resignation. He announced that they were recruiting for four positions for the Planning Staff.

ADJOURN REGULAR MEETING

ATTEST:

Recorder Trasie Johns