Planning & Zoning Commission Regular Meeting Minutes

June 5, 2002

COMMISSION PRESENT: Chairman Joan Krueger, Vice Chairman Brigette Peterson, Commissioner Daniel Dodge, Commissioner Karl Kohlhoff, Commissioner Shane Leonard, Commissioner Michael Monroe

COMMISSION ABSENT: Commissioner James Beene

STAFF PRESENT: Planning Director Jerry Swanson, Planning Manager Linda Edwards, Planning Manager Maria Cadavid, Senior Planner Mario Mangiamele, Town Planning Consultant Greg Davis, Planner Jessica Galloway

ALSO PRESENT: Town Attorney Kelly Schwab, Town Engineer Bruce Ward Recorder Leslie Morton

I N D E X

PLANNER CASE PAGE VOTE
MS. CADAVID GP02-2 2 CONT.
MS. EDWARDS Z01-34 2 APPR.
MS. CADAVID S568 7 APPR.
MS. GALLOWAY UP02-1 9 APPR.
MS. CADAVID UP02-9 10 APPR.
MR. DAVIS GP02-1 18 APPR.
MR. DAVIS GP02-3 19 DENIAL
MR. DAVIS Z02-4 20 APPR.
MR. MANGIAMELE Z02-9 24 APPR.

CALL TO ORDER:

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

ROLL CALL:

Ms. Morton 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 to move Agenda Item # 5 - GP02-2 to be first and Agenda Item #8 â?? Z01-34 to be second with the remaining items following as originally numbered. The motion was seconded by Commissioner Karl Kohlhoff.

Motion carried 6-0.

COMMUNICATIONS FROM CITIZENS

Chairman Joan Krueger announced that members of the public could comment on matters 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 a matter be put on a future agenda. She asked if anyone would like to speak.

No one came forward.

PUBLIC HEARING

Ms. Krueger opened the public hearing portion of the meeting and reminded the audience there were blue slips to complete if they wished to speak on items under the public hearing section.

GP02-2 - A minor amendment to the land use map of the Town of Gilbert by A): deleting the specific area plan designation for the Spectrum at Val Vista and B) by reducing the acreage of residential land use classification of approximately 23.74 acres; and C) by increasing the acreage of the commercial/industrial land use classification of approximately 27.1 acres located in the general area south of Williams Field Road, east of Lindsay, west of the ½ mile between Greenfield and Val Vista Road, and north and south of Germann Road commonly known as the Spectrum at Val Vista area. Continued to July 10, 2002

Planning Manager Maria Cadavid informed the Commissioners that GP02-02 is a request for a minor General Plan Amendment that is being recommended for continuance. She stated the applicant had met with Staff to discuss the items the Commissioners requested clarification on at the Special Meeting held May 15, 2002. Those items are:

(1). Acreage clarification, (2). Staffâ??s concern regarding the intensity of the General Industrial land use along the frontage on Val Vista Drive and along Pecos Road, and (3). The proposed land use designation reallocation for acreage between 14 and 25 DU/Ac, which seems excess since the implementation requirement is for R-4 (Multi-Family).

Ms. Cadavid concluded that the applicant was not ready to resubmit all the information and Staff was not ready with the evaluation of the project, therefore, they are recommending continuance to the July 10, 2002 Regular Meeting.

Chairman Joan Krueger asked if the applicant wished to speak.

Ms. Cadavid stated the applicant was not present.

Chairman Joan Krueger opened up the public hearing and asked if anyone wanted to speak on the item. Noting that no blue slips were submitted, she closed the public hearing bringing the item back to the Dais for action.

Commissioner Dan Dodge made a motion to continue GP02-2 to the July 10, 2002, Regular Meeting. Vice-Chairman Brigette Peterson seconded the motion.

Motion carried 6-0.

Z01-34 - Rezoning of an approximately 104 gross-acre site from Maricopa County Rural-43 to R1-7 and R1-6 (Single Family Residential). The subject property is located at the northwest corner of Riggs and Higley Roads.

Planning Manager Linda Edwards informed the Commissioners that Z01-34 is a request to rezone approximately 103.1 acres located at the northwest corner of Higley and Riggs Roads. She indicated its location on the map and stated it was on the General Plan for land use category Residential 2-3.5. She pointed out that everything south of Germann is the San Tan area, which has been adopted in the Townâ??s General Plan as the San Tan character area.

Ms. Edwards put up a graphic showing site and configuration of the 103 acres. She stated Seville was the other white shown on the map, which is annexed and had a PAD. Tangerine Court just came into the Town of Gilbert. She stated they will be developing between twenty and thirty 5,000 square foot lots developing as one home per acre. She pointed out an existing 16 lot County neighborhood. Concurrent annexation is occurring with the first hearing being held at Town Council on June 11, 2002.

The next graphic shows the two zoning districts being requested. She told the Commissioners a color graphic was in front of them. Ms. Edwards stated the Town Council approved the Santan Area Plan in May of 1999 and the Gilbert residents adopted it in our General Plan in November 2001.

Planning Manager Linda Edwards noted the breakdown in the requested zoning from R-43 County to Town of Gilbert R1-7 and R1-6 is about a 30/70 split. There will be 31 acres for R1-7 and 72 acres for R1-6. The surrounding land use categories are all yellow on the General Plan except for the 16 acre green, which is 0-1 the County parcel east of Higley and adjacent to the project. She stated that most of the area for the 103 acre project is vacant, there is a dog kennel and some homes. Adjacent to the northern boundary is Cloud Road that will be developed with Seville.

Ms. Edwards explained that part of the evaluation for projects within the San Tan character area is to determine if they can meet the density for the San Tan area. She noted the Planning Commission would be reviewing it shortly. The two zoning districts and the preliminary plat they reviewed shows that they can reach 3.1 and they are in agreement with their attainment of those design criterions which they gain .3 DU/Ac with the attainment of each one of these. Specifically, they have provided a 100â?? buffer along Higley adjacent to the low density neighborhood, the project has 9.7% internal open space more than the required 7.5% and incorporates a project theme that is rural. She mentioned the pedestrian open spaces are connected and that they have over 6,000 feet of multi-use trails.

Another component of the evaluation that they considered at the zoning request is whether they can meet the medium density guidelines included in the ULDC. She stated they will look at them more closely and bring it to the Commissionâ??s attention as they review the preliminary plat. Ms. Edwards stated they have met those criteria even with two zoning districts. The medium density guidelines assess lot size and not zoning district. She pointed out that they have shown they can provide no more than 20% less than 7,000 feet, the average lot size is greater than 7,500 and no other range exceeds 40% of the mix.

The residential zoning they are requesting is conventional, which means they are requesting what the Code allows. Ms. Edwards commented that the side yard setbacks rear lot coverage and height are the same for both zoning districts. There is a difference with the front yard, 20â?? for R1-6 and between 20â?? and 25â?? for R1-7.

The applicant has arranged for a donation agreement with the school district, which they believe will be finalized when they are out of escrow.

Regarding public input, they have held a public meeting and have been in contact with the residents in the parcel that contains County land. The neighborhood did not want to participate in annexation therefore the zoning includes the 103 acres. Ms. Edwards noted the developer will improve the west side of Higley Road and provide an additional 32â?? to create the 65â?? half right of way on Higley Road. The Town has contacted two residents because the annexation includes 30â?? of their property and the Town has agreed it would be unsafe for a six lane major arterial to narrow down to improvements only on one side. Per Ms. Edwards, the Town is pursuing and has the funds in its capital improvements program to purchase 30â?? additional right of way so they will have 70â?? on the east side.

In summary, Ms. Edwards stated that Staff supports the rezoning of this project. The standard stipulations for roadway dedications, street improvements and declaring the R1-7 and R1-6 zoning districts are the only stipulations.

Commissioner Dan Dodge asked Ms. Edward how the 100â?? landscape setback along Higley Road would be enforced without a zoning stipulation and it is not part of the UDLC.

Ms. Edwards responded that during the subdivision review or plat, which comes before the Commissioners, they will be using the design policies in the General Plan and medium density guidelines to evaluate the plat and will bring it forward for the Commissionâ??s review and approval.

Commissioner Dan Dodge wondered if that would be sufficient legal limitations without a zoning stipulation to enforce the increased setback along Higley Road.

Ms. Edwards referred the question to the Townâ??s legal counsel.

Commissioner Dan Dodge noted that Town Counsel, Ms. Kelly Schwab, indicated it would be sufficient.

Commissioner Shane Leonard asked at what point the service agreement comes into play on this particular piece of property, where the Town serves it with water/sewer/electric, etc. Where does that come into play in this process?

Planning Director Jerry Swanson replied it is a part of the subdivision improvement plan review.

Commissioner Shane Leonard clarified that by approving the rezoning request they are not automatically implying service to the property. He stated that now it is desert and does not appear to be under any cultivation and to the extent it is bringing anything to the table when it comes to uphold water service supply or active irrigation concerns him. Mr. Leonard questioned if the letter in their packet indicating a donation agreement was reached was a draft or had the agreement actually been made between the Chandler School District and developer.

Ms. Edwards stated she has been in contact with the Chandler School District by phone in the last few days and they are confident that the developer/applicant would be signing the letter adding it is just a matter of waiting for escrow.

Commissioner Shane Leonard asked if the road to the north of the lots they are wishing to acquire more property from is or would be Cloud.

Ms. Edwards responded it was Cloud.

Commissioner Shane Leonard asked if the Town had contacted those property owners and if so, what their response was.

Planning Manager Linda Edwards stated she had spoken recently with the two landowners, Mr. Lecker and Ms. Lamie, as she indicated their lots on the map. She also spoke with another landowner today and reviewed the project as previously done with the other landowners. Ms. Edwardsâ?? impression from the residents was that they prefer not to be annexed or to have the road widened. She commented that the residents have not looked at the engineering of exactly where the line would be drawn on their property since the Town had not done any engineering yet. Ms. Edwards stated that Public Works Director Lonnie Frost would be following up and meeting with the residents and looking at how their property would be affected. She concluded there was still quite a bit of work ahead.

Chairman Joan Krueger asked if the residents were aware of what was taking place tonight; this being a zoning hearing and that more work occurs after this point.

Ms. Edwards indicated the residents were aware. She stated she had explained the process to them; rezoning, annexation, plat, design review and design review of standard plans. Ms. Edwards told the Commissioners she was informed today that not all the neighbors had received the letter or notice that had been mailed to all residents within the San Tan area within 1/3 of a mile of the project. She stressed that the letter had been mailed and she had supervised the activity. Planning Manager Edwards commented that she made sure it was done and that she knows the hearing deadlines need to be met. She also had confirmed the list (12 pages with 30 residents on a page) with the applicant and cannot explain why some did not receive the letter.

Chairman Joan Krueger confirmed that those residentsâ?? addresses were on the list.

Commissioner Dan Dodge clarified that the issue before the Commission is a zoning case and not an annexation or General Plan issue. He stated they are not rezoning anything east of Higley Road and the zoning category for the land the Town desires to acquire would remain in its current category.

Planning Manager Edwards agreed that was correct and pointed out the zoning exhibit which indicates the zoning category.

Commissioner Dan Dodge went on to clarify that since the agenda and noticed item for tonightâ??s meeting is a zoning case they need to focus on the zoning west of Higley Road and not get into issues that really are not appropriate or legal to be discussed tonight.

Chairman Joan Kruger appreciated the clarification by Commissioner Dan Dodge. She asked if the applicant wished to make a presentation.

Mr. Kelly House, 6710 N. Scottsdale Road, came forward. He stated he is also representing Carol Grumly with Standard Pacific, who is in the audience and Kathy Hart from Urban Concepts. He displayed a more detailed exhibit to help visualize the open spaces. Mr. House told the Commissioners that they have processed the zoning and preliminary plat concurrently to resolve some of the issues; informing them they will hear the preliminary plat on July 3, 2002.

Mr. House thanked Ms. Edwards and Staff for countless hours on the project and expressed appreciation for their help and support.

Mr. House said it has taken awhile to pull the three different property owners together. He reviewed that the northern portion of the property has been historically used as a commercial dog kennel operation; housing, breeding and training dogs. This use is in the process of going away with the anticipation of the rezoning and land use change. He stated it is in conformance with the General Plan from 2-3.5 DU/Ac and they have requested up to 3.1 DU/Ac. He indicated they have met and exceeded the standard for those requirements. This is a rezoning request for conventional zoning with the average lot size being 8,000 square feet. The R1-6 is the minimum category and he indicated they would exceed those standards.

Mr. House told the Commissioners they are not requesting any increase in lot coverage or a reduction in setbacks or open space. He told them the open space has been significantly enlarged above the minimum, particularly along Higley Road. They are in agreement with Staffâ??s stipulations. He pointed out in Stipulation A that the half street dedication is only for the western half of Higley Road and the northern half of Riggs Road; it has nothing to do with the eastern portion along Higley, which they do not own. He informed the Commissioners they intend to request a modification to Stipulation B from the Town Council. They would like the models to be excluded from the requirements for a certificate of occupancy to be issued. This would allow them to get the models up but no homebuyers would move in at that time. Mr. House then offered to answer questions.

Chairman Joan Krueger informed Mr. House that the July 3rd meeting was moved to July 10th.

Commissioner Shane Leonard questioned why there was no request for a commercial site on the corner since Higley and Riggs are major arterials.

Mr. House responded that they entered into this process after the General Plan was revised. He had been informed that during the General Plan hearing a commercial site was on the application but was denied so they chose not to revisit the issue.

Chairman Joan Krueger opened the public hearing. She asked Mari Klassen, 24407 S. Higley Road, to come forward.

Ms. Klassen stated she is one of the residents in the existing 16 homes located between Riggs and Chandler Heights to the east side of Higley. She pointed out that the two lots to be annexed were incorrectly indicated on the map previously. She stated she is speaking on behalf of those residents but understands this is not an annexation meeting. She asked if it was appropriate to give their viewpoint at this time.

Chairman Joan Kruger indicated that it was not the time to talk about the annexation but she could talk about the rezoning of the parcel being discussed.

Ms. Klassen was unclear how the process works. She asked if the zoning affected the width of the road or where it would be placed.

Chairman Joan Krueger replied it did not. She explained that the zoning is applicable to the piece of land that has a designation. They are giving it a designation, which would enable the developer to develop it as he has presented.

Commissioner Dan Dodge further clarified that the zoning does indirectly affect the road width and placement. He explained that for the applicant to obtain the zoning they desire, they are going to be required to widen the road on their half; affecting Higley Road from the center line west. He stated the Town is a completely separate issue, addressed in a separate public hearing and noticed as an annexation meeting. He stated the meeting would address annexing 30 feet on the other side of the road and widening it as a public safety issue because they donâ??t want the road to scallop. He concluded that this zoning case does not affect the east side of the road.

Ms. Klassen stated they are not opposed to widening the road but opposed to it taking 30 feet from two of the existing properties. She commented that the lots are 1¼-acre with an average value of over $315,000. They believe this will devalue the rest of the homes. She indicated they were planning on enhancing the entrance, which is mentioned in their Association meeting minutes. She concluded that this project would affect what they would be able to do.

Chairman Joan Krueger stated the parties involved in the annexation would be interested in talking with the residents and hearing their views. She commented that anything pertaining to the east side of the street is not pertinent to this case. She explained that the annexation process does not include the Planning & Zoning Commission.

Commissioner Dan Dodge suggested Ms. Klassen give her phone number to Planning Manager Linda Edwards to be contacted about the annexation meeting.

Commissioner Karl Kohlhoff pointed out that to the north of the residents is Seville and to the south is Tangerine Court. He stated both developments would be widening the road to 65 feet, which would create a scallop unless the road was widened as discussed. A scallop policy makes sure the road is straight and safe.

Ms. Klassen commented they understood but that there was nothing on the other side of the street.

Commissioner Michael Monroe commented that eventually something will be developed on those two parcels and the road would be widened. The General Plan has it as a six-lane road at Higley. He added that Ms. Edwards and all the Staff are cooperative with the citizens and that she would be informed of the annexation meeting. He went onto say that the Commissioners are on the citizensâ?? side.

Chairman Joan Krueger closed the public hearing, bringing it back to the dais for discussion and motion.

Commissioner Dan Dodge addressed the commercial corner question brought up by Commissioner Shane Leonard. He explained that one of the goals in the San Tan character area/plan was to limit and localize commercial development in an attempt to maintain the agrarian feel of the area.

Commissioner Shane Leonard appreciated the explanation.

Chairman Joan Krueger requested a motion.

Commissioner Karl Kohlhoff made a motion, seconded by Commissioner Michael Monroe, to approve Z01-34 Zoning for Country Shadows subject to the three conditions, a,b,and c as proposed.

Motion carried 6-0.

Staff recommends approval of Z01-34, the zoning for Country Shadows, subject to the following conditions:

a. Dedication to the Town of those portions of Higley Road and Riggs Road which are adjacent to the Project, which dedications shall extend 65â?? from the centerline for Higley Road, and 70â?? from the centerline for Riggs Road. Said dedications shall be completed at the time of the Final Plat recordation or sooner as required by the Town Engineering Department.

b. Construction of all the required off-site improvements for Higley Road and Riggs Road, and the collector/local street right-of-ways shall be completed prior to the final inspection approval for any dwelling unit within Country Shadows.

c. The Project shall be zoned R1-6 and R1-7 (Single Family Residential) as shown on the Zoning Exhibit. The Project shall adhere to the requirements of the Unified Land Development Code for the R1-6 and R1-7 zoning districts.

Chairman Joan Krueger thanked everyone for their participation.

S568 â?? Approval of the preliminary plat for Park Place Village, a multi-family condominium subdivision of approximately 9.82 acres proposed at the southeast corner of Velero Street and Guadalupe Road and zoned Planned Area Development with the underlying zoning designation of R-3 (Multi-Family).

Planning Manager Maria Cadavid informed the Commissioners that S568 was an implementation of the preliminary plat of a zoning case that came to the Commission last January. She displayed a map with the site location up on the screen. Ms. Cadavid stated this case was a request for the preliminary plat for Park Place Village, a condominium project on 9.8 acres with an underlying zoning designation of R-3. She pointed out that it is the last parcel vacant for the Cooper and Guadalupe PAD. Ms. Cadavid noted that Trend Homes was successful in securing the amendment needed to the Cooper and Guadalupe PAD to deviate from the side yard setbacks.

Ms. Cadavid stated the Town Council approved the zoning request last February per the Planning & Zoning Commissionâ??s recommendation. The Mayor and a Council member expressed their concerns regarding the distribution of parking on the streets and visitorâ??s parking. Since then the applicant has worked out, on page one of the preliminary plat document, an explanation of the number of parking spaces. Ms. Cadavid directed the Commissioners to a full size attachment in their packet. This shows that all the condominium units, with the exception of one model (# 807), do have the garages incorporated into the house and units. For the proposed standard condominium # 806, the parking requirement of one space is designated next to the part where these units will be built. Staff feels with clarification on the plat document of how the parking is designated, the concern brought up by the Town Council last February has been met. Ms. Cadavid stated the Engineering Dept. does not have any pending issues and that the Traffic Engineering requirements have been met.

Planning Manager Maria Cadavid concluded that Staff recommends approval of the subdivision preliminary plat subject to three stipulations: (1) compliance with the original zoning ordinance and applicable amendments, (2) the Design Review Board will review in detail all the amenities, intensity and selection of plant palette and monument entry design, and (3) the final plat will reflect the exhibit presented to the Commission tonight. She then offered to answer questions.

Commissioner Shane Leonard asked if the exception to the condominium having a garage was model #807.

Ms. Cadavid replied it was #806. This unit does not have the built in garage but will have a designation on the street.

Commissioner Shane Leonard presumed that there is something the applicant has provided or will state that the number of 806 units to be built is somewhat limited.

Ms. Cadavid indicated that was correct. She pointed out that on the full size preliminary plat every pod and footprint has what that lot can afford.

Commissioner Shane Leonard just wanted to be sure the clarification was made.

Planning Director Jerry Swanson stated that the face of the plat does indicate that unit 106 has a one-car garage and one surface parking space and all the other units have two car garages.

Ms. Cadavid clarified that it was #806 with the one-car garage.

Chairman Joan Krueger invited the applicant to make a presentation.

Todd Wakely, 2020 N. Arizona Ave., Chandler, came forward to speak. He stated the project has come back through the zoning process with the same site plan as seen before. Mr. Wakely clarified the parking situation. He stated there are four buildings, 801 & 802 are one building and 806 & 807 are one building. He pointed out that #806 has a single car garage and will also have an off-street designated reserved parking space. The other door that is part of that duplex has a built in two car garage. He concluded that the remaining units are detached single-family buildings and will have two car garages built into them. Mr. Wakely offered to answer any questions.

Chairman Joan Krueger opened up the public hearing and asked if anyone wanted to speak on the item. Noting that no blue slips were submitted, she closed the public hearing bringing the item back to the dais for discussion or possible motion.

Vice-Chairman Peterson made a motion, seconded by Commissioner Dan Dodge, to approve S568 the preliminary plat for condominium project Park Place Village subject to conditions.

Motion carried 6-0

Staff recommends approval of S569, the preliminary plat for Park Place Village subject to the following conditions:

1. Developer shall comply with stipulations of Council Ordinance Nos. 513, 1820, 1289 and development requirements in ordinance No. 1383 in zoning case Z01-30.

2. The Design Review Board shall review the size, quantity, and specifications for the projectâ??s plant palette, common areas amenities, entry monuments, and project walls prior to final plat approval by the Town Council.

3. The final plat shall reflect the parcel size, number of condominium units, streets layout, open space distribution, and setbacks noted on the preliminary plat for Park Place Village (Exhibit 2 â?? sheets 1-3) as approved by the Planning Commission on June 5, 2002.

UP02-1 - Use Permit to approve the use of a drive thru, for Sonic in Obispo Plaza. The subject site is located on the southeast corner of Obispo and Arizona Avenues, and is zoned Planned Area Development with the underlying zoning designation C-1 (Neighborhood Commercial Center).

Planner Jessica Galloway stated that Staff moves to approve UP02-1 Use Permit for Sonic drive-thru at the southeast corner of Obispo and Arizona Avenues. She pointed out the location on the map, noting that the City of Chandler is to the south and the City of Mesa to the west. Originally this area was all Industrial Buffer (IB) zoning, PAD Business Park (BP). Ms. Galloway noted that on February 22, 2002, the Town Council approved the rezoning to Neighborhood Commercial (NC).

Ms. Galloway stated the project is in conformance with the General Plan and its policies. The subject site is located within a Business Park land use category of the General Plan. Business parks allow for employee/business oriented amenities and accessories. A deli or restaurant is considered within this land use category.

Ms. Galloway stated the project does have adequate ingress and egress: She pointed out the deceleration lane off of Arizona Avenue, which will be the main access. They will be paving the drive that goes across Parcel B. She noted that access off Obispo Avenue would be provided for the drive-thru. Ms. Galloway stated Sonic is providing 38 parking stalls, 2 of which are accessible. Sonic is only required to provide 24 parking stalls, and 2 accessible therefore they have met all parking requirements. Planner Jessica Galloway declared there are no issues with Utility Service. She stated there is appropriate screening and buffering around all parking. There is no parking that fronts Arizona or Obispo Avenues. In summary, there is adequate screening. The Design Review Board will review signs and lighting. She noted it is the applicantâ??s intent to match the existing signage and lighting to the north.

Ms. Galloway clarified, per request of the Vice-Chair and the applicant, that the Friday and Saturday hours of operation would be 9 AM to 12 A.M., which is a correction. She concluded that the project is in conformance with the conditions, requirements or standards prescribed by the Code or higher authority and that Staff moves to approve UP02-1 Use Permit for Sonic drive-thru located at the southeast corner of Obispo and Arizona Avenues.

Commissioner Dan Dodge wished to clarify on the Staff report under land uses its noted that to the south AG-1 (Chandler) /Residential originally thought it was surrounded by business park but south of the project is actually isnâ??t AG-1 Chandler if heâ??s looking at the Staff report page 4, isnâ??t it still part of the business park south of the requested site

Jessica yes directly south of Sonic its not the business park but what is rezoned as C-1 but directly south of there is

Directly south of the site dealing with is C-1

Vice-Chairman Brigette Peterson thanked Ms. Galloway for clarifying the hours of operation on Friday and Saturdays.

Chairman Joan Krueger invited the applicant to make a presentation.

Ed Bull, 702 E. Osborne Road, came forward to speak. He thanked Staff for their recommendation. Mr. Bull stated they were comfortable with what was presented if the Commissioners were but he would make a presentation if they requested him to do so. No presentation was made.

Chairman Joan Krueger opened up the public hearing and asked if anyone wanted to speak on the item. Noting that no blue slips were submitted, she closed the public hearing bringing the item back to the dais for discussion or possible motion.

Commissioner Dan Dodge asked if there needed to be a use permit stipulation limiting the hours of operation. He discussed they could go to 24-hour operation unless there is a stipulation against that on the use permit.

Town Attorney Kelly Schwab responded that there currently was no limitation on hours. She stated it had been discussed and determined that due to the location it was unnecessary. This is entirely up to the Commission, but if there are no stipulations on the hours they would be allowed to go to 24 hours if they wanted.

Vice-Chairman Brigette Peterson clarified that she just wondered what the difference was in the hours based on the way they were listed in the staff report; she was not concerned about the time.

The Commissioners felt there would not be a problem if it became a 24-hour operation since it is surrounded by commercial and industrial uses.

Chairman Joan Krueger requested a motion.

Commissioner Michael Monroe made a motion, seconded by Commissioner Karl Kohlhoff, to approve UP02-1 a use permit authorizing a drive-thru for the Sonic.

Motion carried 6-0.

UP02-9 â?? Use Permit to approve a swim/fitness club facility, Life Time Fitness, in a commercial tract part of the Settlerâ??s Point Planned Area Development with the underlying zoning designation C-2 (General Commercial). The site is located at the southeast corner of Warner Road and Civic Center Drive.

Planning Manager Maria Cadavid informed the Commissioners that UP02-9 is a use permit request for the commercial piece, with an underlying designation of C-2, which is part of the Settlerâ??s Point Master Planned Area Development rezoned originally in the mid-80s. The applicant is proposing a swim/fitness use on 11 acres of the 16.4 total acres of commercial tract. It is located at the southeast corner of Warner Road and Civic Center Drive. She noted the adjacent uses as: to the north is the residential development which is part of Settlerâ??s Point, to the east is the residential development Neely Farms I and II, and to the south is the Gilbert apartment complex recently approved by the Planning & Zoning Commission and the Design Review Board.

Ms. Cadavid stated the applicant had been working for a while with Staff and the Economic Development and Planning Departments to identify the proper location for this type of use. They selected this site due to the flexibility of the Master Planned Development; the flexibility is stated on exhibit G of the ordinance included in the packet. Ms. Cadavid noted the exhibit allows 2-story structures with no height limitations, which is beyond what is permissible by the C-2 zoning designation in the ULDC. The height is not intended for occupancy but mostly for architectural embellishments of the building.

Planning Manager Maria Cadavid described the fitness center; stating it is 108 thousand square feet in size, the top of the parapet on the elevation color exhibit will be at 38 to 42 feet, and the top of the skylight, which is an architectural element toward the center of the building, will be 57 feet high. The applicant worked with Staff in deciding the best location within this site for the project. She explained that originally the site plan incorporated setbacks that were slightly below the requirements and Staff felt they were still too close to the adjacent residential development.

Ms. Cadavid pointed out that since the working session held with the DRB in May, the applicant has worked closely with Staff to revise and do the following things on the site plan. 1). Removed parking spaces closer than 65 feet from the boundaries of the residential area, 2). Removed lighting poles within the landscaping setback, 3). Increased the landscaping setback retention along the eastern boundary, and 4). Strengthened the screening buffer belt by proposing a double row of trees along the eastern boundary of the project, which will create a solid green hedge all year round.

Ms. Cadavid stated the technical aspects of project have been discussed in detail with the DRB. The accessibility to the overall site was revised and attachments are included in the packets showing the overall site plan. She informed the Commissioners a neighborhood meeting was held, although not required. Lighting, parking proximity and accessibility were issues of concern presented by the neighbors at the meeting. The Town Traffic Engineer has confirmed there will be a traffic light at the intersection of Warner and Civic Center Drive and another at Riata to the east of the site, which is under design right now. She stated the applicant addressed concerns regarding noise generation by the air handlers and AC units on the roof. They submitted (also in the packet) a sound report stating the levels of noise generated, which are way below the permissible urban noise levels. She stated the DRB and applicant spent a lot of time working out the details to produce a very handsome building that will have minimal disruption.

Ms. Cadavid concluded that based on this analysis, Staff recommends approval of the use permit subject to the stipulations stated in the report and clarified with the Commissioners at the breakfast meeting on June 4, 2002. She noted the Commissioners at the breakfast meeting did not have a concern about the usage of the outdoor pool for swim laps therefore no time restrictions were necessary. She stated Stipulation # 3 would address only the outdoor slide, which will be prohibited from 11 PM to 8 AM.

Commissioner Karl Kohlhoff stated this is a use permit but the only thing in the conditions that is related to a use permit is stipulation #3; the rest is all DRB.

Chairman Joan Krueger stated he had concurrence with the other Commissioners.

Ms. Cadavid replied that lighting is an element of the findings and, so is the design of driveways to ensure adequate access. She concluded those were technical items that needed to be revised to achieve the findings.

Commissioner Karl Kohlhoff commented he had no problem with the findings but a condition for a use permit related to Planning & Zoning is typically hours of operation, etc.

Chairman Joan Krueger stated she believes Commissioner Kohlhoff is asking if the other 3 items are within the purview of the Planning & Zoning Commission or are they to be determined by the DRB.

Ms. Cadavid explained that the Engineering Dept. imposed them as criteria for the use permit in order for them to feel comfortable with its approval.

Commissioner Dan Dodge stated that if the Commissioners feel those conditions are necessary for them to make the findings then they need to leave them there.

Ms. Cadavid informed the Commissioners the applicant agreed to all of the conditions.

Commissioner Dan Dodge asked if the plan shows the proposed location for the pool and if it is adjacent to residential.

Ms. Cadavid responded that the plan does show the pool area but it is not adjacent to residential. She explained it fronts onto Civic Center Drive and that the southern portion of the pool will be adjacent to the parking structures, parking lot and recreation area of the apartment complex.

Commissioner Dan Dodge stated that one of the principal issues with use permits is how is it going to impact the neighbors. It seems the only real impact from a fitness facility other than parking would be the pool. He stated Ms. Cadavid had addressed parking by making sure there were no parking spaces within 65 feet of residential. He also stated that, due to the poolâ??s location and its limited hours of operation, it too had been addressed.

Chairman Joan Krueger mentioned that as a relative neighbor herself, another thing to consider is itâ??s 24 hours of operation; adding she didnâ??t feel it would impact the neighbors.

Commissioner Dan Dodge talked about late night activities of the fitness center that might impact neighbors. He discussed cars starting/coming and going and also the pool. He concluded that in the early morning hours people would be parking near the front of the building and the building would be between the pool and the residents.

Ms. Cadavid directed the Commissioners to the narrative in their packets. She stated it explains the number of employees, how many people remain at the facility during the early morning hours, the maximum usage of the building at peak times, etc., which may answer some of their questions.

Commissioner Dan Dodge clarified it was just a proposed site plan not a site plan approval and therefore it could change. He stated the parking directly in front of the building needs to be protected from the residents as much as possible.

Commissioner Karl Kohlhoff stated he felt it was a site plan approval referring to condition #1. He added he was glad to have a site plan approval back at the P&Z and that he would be in favor of it.

Chairman Joan Krueger asked about the amenities mentioned (beauty salon, restaurant) and the nighttime activities related to them, such as deliveries, grease trap cleaning, restocking food plus the parking lot cleaner. She suggested these all should be taken into consideration.

Ms. Cadavid indicated the applicant would be able to answer her question regarding nighttime activities.

Commissioner Shane Leonard asked Ms. Cadavid to clarify the change to condition # 3.

Chairman Joan Krueger gave some background to the Commission about the original question posed to Ms. Cadavid at the breakfast meeting regarding the pool activities. She explained they had discussed whether the entire pool should be closed during the early morning hours. They felt the pool activity during those hours would be limited to people doing laps and not kids playing, which they concluded would not be disruptive especially since the pool is located away from the residential area. She stated that they did feel people using the slide could be noisy.

Town Attorney Kelly Schwab stated that for clarification she would suggest the wording to be â??The outdoor slide should not be available for use between the hours of 11 PM and 8 AMâ??.

Chairman Joan Krueger felt that wording was appropriate.

Vice-Chairman Brigette Peterson asked about the lighting pole, referring to the pole Ms. Cadavid had mentioned at the breakfast meeting. She wondered if it was part of stipulation #1 since the applicant had agreed to delete it.

Ms. Cadavid stated it was part of stipulation #1, bullet #3.

Vice-Chairman Brigette Peterson questioned whether the bullet needed to be included since the applicant had agreed to delete the pole.

Ms. Cadavid felt it had to remain for proper implementation of construction documents.

Commissioner Michael Monroe stated he was confused with conditions #1 and #2 of Staffâ??s recommendations. He stated the Commission does not do anything with site plan approval, although he wished they would. Those items are design review issues that the applicant agrees to. He wondered what the process was.

Ms. Cadavid directed the Commissioners to page 4 of the Staff report under the caption “Signs and Lighting”. In that paragraph is the criterion that must be met for findings; she feels those conditions are important in order to achieve those criteria.

Commissioner Michael Monroe confirmed the criterions are for special use permits.

Ms. Cadavid stated it was verbatim from the Code.

Commissioner Dan Dodge clarified that it is not a site plan or a site plan approval but the Commission is telling DRB we want you to make sure you do this because we consider this important in order to approve the use permit in the first place.

Commissioner Michael Monroe reviewed that on any other issue he could amend Staff recommendations to make sure something does in fact happen at the DRB.

Commissioner Dan Dodge replied that the Commission as a whole could do that.

Chairman Joan Krueger invited the applicant to make a presentation.

The Vice President of Real Estate and Development for Lifetime Fitness, 6442 City West Parkway, Eden Prairie, MN, came forward to speak. He thanked Ms. Cadavid and Mr. Swanson for their hard work and guidance through the process. He stated they want to make sure everything was done correctly so they could come to Gilbert. He informed the Commission the facility is beyond a health club; it is a recreation and fitness resort. He explained they try to define themselves as a different type of business right from the first impression, which comes from the site and the building.

Mr. Mark stated they do that with a strong landscape plan; lots of colors, flowering bushes, trees, a grand entryway that is separated by a planted median, nice boulevard trees along both sides, stamped concrete paving medallions at transition and entrance points and good flow throughout the entire site. They met with the citizens on the eastern border and per their comments along with Staffâ??s directions they changed the site plan. He explained they created a very substantial green space buffer, noting the first parking space is 65 feet away from the property line. They also increased the number of trees lining the property between them and the residential properties.

Mr. Mark talked about the building next. He pointed out that it is 110,000 square feet with two stories and one ingress and egress point for members at the front of the building. The pool is located on the west side of the building making the building a buffer for the out door activities. He claimed they designed a very attractive building that doesnâ??t scream health club.

Next, Mr. Mark took the Commissioners on a detailed tour of the inside of the building. The 1st floor is considered healthy entertainment. He pointed out the translucent skylight above the main entrance. The facility is done in a natural theme; granite countertops, marble floors and slate walls, which are never outdated but remain beautiful. He stated it is a very rich, expensive and beautiful feel that will wear well. He pointed out on the floor plan the restaurant, indicating it serves healthy fare such as pre-made breakfast items and take it & go dinner items resulting in very little food preparation. He said it is a small restaurant with small deliveries coming through the front door on a daily basis. Then he pointed out the beauty salon, mentioning that it does everything; nails, hair, facials, etc. Next, he talked about the gymnasium complex, which has two basketball and volleyball courts, rock climbing, etc.

Mr. Mark went on to describe the childrenâ??s center stating it is a huge hit with the members. It is an 8,500 square foot area that is free of charge and well received by the kids. He also talked about the adult locker rooms, with private lounge area, private steam and private tanning rooms, and the family locker rooms. All the locker rooms enter out into a spectacular indoor aquatic center, which has a lap pool and huge leisure pool. The wall of glass opens out into the outdoor recreation pool area with a bistro and very large pool with water slides. He talked in detail about the 2nd floor, which has the diagnostic and training center, cardiovascular training area, resistance training area, large group exercise rooms and meeting/training rooms. He stated it is an educational facility.

Mr. Mark explained there are no membership contracts. They have a 30-day money back guarantee after which you pay a month-to-month membership fee. He concluded by saying it is a magnificent, family and community oriented facility that is value priced. There is no pressure to join or to stay.

Commissioner Karl Kohlhoff asked if it was typical to have the parking out front towards the arterial or the building out front or is there a mix of among the facilities.

Mr. Mark stated they have 30 of these facilities across the United States and the majority of the parking fields are in front building towards the arterial. He also addressed Commissioner Dodgeâ??s question regarding late night usage. Mr. Mark put on the screen a summary of arrivals on an hourly basis for the month of October 2001. It is from the Warrenville, IL facility, which would be similar in size and usage to the Gilbert facility. He pointed out the late night usage noting it was minimal therefore they would not be disturbing the neighbors to the east.

Chairman Joan Krueger asked about the maintenance of the facility during the late night hours.

Mr. Mark reviewed the site plan. He mentioned they do not like the look of outdoor trash structures so they have an internal room where they keep the dumpster which would be wheeled out for the trash truck when it comes during the daytime. He stated they would have the parking lot cleaned, which is done at night. He added that activity would be few and far between.

Commissioner Michael Monroe inquired about the anticipated opening of the facility.

Mr. Mark replied they hope to start construction in late August with their own construction company. He noted they also have their own architectural firm and development company and operate the facility. The opening would be no later than 12 months from groundbreaking.

Commissioner Shane Leonard was impressed with the facility. He applauded Mr. Mark for their efforts in working with the Commission and Staff to mitigate public concern and providing a very beautiful facility. He asked about the windows to the rear of the building, wondering what was at those windows and whether there would an extreme amount of light.

Mr. Mark pointed them out on the elevation noting they are second story windows in the training area. He said there would be light out of them but it would not be excessive. He directed them to the nighttime photo of the building in their packet and put a color photo up on the screen.

Commissioner Dan Dodge noted the windows did not face a residential area. They are more south then east.

Chairman Joan Krueger thanked Mr. Mark for his delightful presentation.

Mr. Mark responded stating they were very excited to come to Gilbert.

Chairman Joan Krueger opened the public hearing, noting she had received two blue slips from citizens wishing to speak. She called Mr. Chris Harkins to come forward and speak first.

Chris Harkins, 419 S. Burk Street in Settlerâ??s Point Homeowners Association, came forward to address the Commission. He thanked the Commissioners for their time. Mr. Harkins stated that as a resident of Settlerâ??s Point subdivision, Parcel C, located north of the proposed development site, he would like to encourage the Commission to approve the use permit requested. He asked them to work aggressively to see the facility realized. Mr. Harkins believes it to be a very appropriate use of the tract and its presence would enhance his property value. He mentioned it has been a concern of the residents that quality businesses come into the area and the Commission is starting to set the demeanor for the environment that they can count on.

Mr. Harkins talked about traffic flow being the overwhelming concern of the residents in the subdivision. He stressed the need to assess the impact of the site on traffic flow and to try to enhance the quality of the safety and vehicular traffic that is currently there; particularly at the intersection of Larkspur and Warner which is north of the property. Mr. Harkins requests the Town looks at the impact to the overall area to make sure it improves for the subdivision and is not made worst by the situation. Mr. Harkins closed by stating he feels sure that the Commission will do that based on past experiences and their history of improving the quality of life.

Chairman Joan Krueger thanked Mr. Harkins for his comments and assured him they would do their best to live up to his expectations. She then invited Ms. Poltz to come forward.

Kim Poltz, 250 E. Appaloosa Court in Parcel C of Settlerâ??s Point, came forward. She commented that when she saw what was going in she was excited; her perception being that it was going to be a swim/fitness facility similar to the Phoenix Swim Club where children trained for the Olympics. She expressed disappointment that it is another fitness center although it looks very pretty. She was not sure if this was the venue to request this be a place for the children to go to train for swimming and she hoped there was an opportunity to develop that into the neighborhood. Ms. Poltz asked about the age children could participate in the overall facility. She also echoed Mr. Harkins concerns about the traffic in the area; stating more traffic only makes the situation more precarious.

Chairman Joan Krueger asked Mr. Mark to come forward to talk about childrenâ??s programs and then requested the Town Traffic Engineer, Bruce Ward, to talk about how the traffic flow would work in the area.

Mr. Mark responded that the childrenâ??s center was for children aged 12 and under. He stated there are times in the facility that are family hours during each day of the week when young children can accompany their parents in the facility. At age 13, they are allowed on the exercise floor with parental supervision. Finally, at the age of 15 or 16 they would be allowed on the floor on their own.

Chairman Joan Krueger asked if the pools would allow programs that would encourage the kind of training needed to be a competitive swimmer.

Mr. Mark answered yes, they do provide personal training but the facility is there for only the members of the facility.

Commissioner Dan Dodge, referring to the chart of arrivals previously shown, asked if that same chart was available for their peak times.

Mr. Mark replied yes, but apologized for not having it with him. He offered to provide it later. He explained the peak operation hours as M-TH evenings from 5 â?? 7:30 PM when they have the largest entrances into the facility. Saturdays during the day are also very busy family days.

Commissioner Dan Dodge asked what he would anticipate on Mâ??F peak arrivals in a single hour during the 5 - 7:30 PM time frame.

Mr. Mark generalized it would be 450, stating he could get the specific numbers and noting there is some seasonality.

Vice-Chairman Brigette Peterson read from the narrative a statement regarding peak usage (also included on page 3 of the Staff report).

Bruce Ward, Town Traffic Engineer, came forward to offer his expertise regarding the traffic situation. He stated they reviewed the traffic study from Lee Engineering, plus with a signal going in at Riata in the next few months and the future signal at Civic Center Drive and Warner, they feel there will be adequate gaps developed between to allow people to get out easier when traffic is moving during the peak hours. Due to the future growth of the Town, he stated there would be approximately 40,000 vehicles on Warner Road eventually. He pointed out that each year they look at a lot of intersections to see if they have had an increase in accidents, etc., and will eventually try to program them for a signal if they fit into the criteria.

Chairman Joan Krueger asked if the two lights he mentioned would be adequate to manage the traffic volume discussed.

Mr. Ward believes it will.

Commissioner Dan Dodge mentioned it would be an additional 400 to 450 vehicles during the peak times. He asked where Riata was in relation to the site.

Mr. Ward understood the amount of the additional volume. He replied that Riata was east about ¼ of a mile.

It was determined Riata was on the south side within the residential area, to the east of the site.

Commissioner Dan Dodge asked what the time frame was for signalization of Civic Center Drive and Warner Road.

Mr. Ward stated he had just received the prices from the consultant and will go forward to the Town Council for approval. He was hopeful that it would be built before the fitness center opened.

Commissioner Shane Leonard asked what the spacing was between the proposed lights.

Mr. Ward stated it was roughly a little of a 1/3 of a mile or closer to ½ a mile.

Commissioner Shane Leonard wondered the amount of the spacing between Gilbert Road and the closest proposed signal.

Mr. Ward responded it would be 1/3 of a mile.

Commissioner Shane Leonard concluded there would be 1/3 mile spaces between the signals.

Mr. Ward stated that in reference to traffic flow 1/3 mile spacing was better than ¼ mile because there is better movement of traffic.

Chairman Joan Krueger closed the public hearing, bringing the item back to the dais for discussion or possible motion.

Commissioner Dan Dodge stated his only concern was with the traffic and sounds like Mr. Ward has done an excellent job of addressing that issue.

Commissioner Shane Leonard commented this was the second or third item seen by the Commission where to a limited extent they have included information about sound. He is somewhat uncomfortable discussing that until they actually have something adopted. He asked if it was right that they interpret what has been provided, mentioning the letter in the packet, regarding sound if they do not have something as a guideline to base it against.

Town Attorney Kelly Schwab informed the Commissioners that it is a consideration since a use permit looks at the impact on the surrounding neighborhoods. She stated they are in the process of possibly revising the noise ordinance. Ms. Schwab mentioned there is a study session on that issue before the Town Council on June 18, 2002. She noted there are noise regulations in the Town at this time but they are not set at any certain decibel level. Ms. Schwab explained that the impact the use has on the neighbors is a consideration in approving or denying the use permit.

Chairman Joan Krueger stated they have used that information in the past as guidelines to characterize the nature of the kind of impact the facility will produce. Her experience has been that sound reports compare their impact to household items like dishwashers, vacuum cleaners, A/C units and lawn mowers. The information is to give you some kind of idea in terms of what it will do to the surrounding area. She concluded the Commissioners are entitled to use it as a guideline in determining if it is good or bad.

Commissioner Shane Leonard appreciated the comparison. His background is wells and he wanted to make sure he understood how to use the information.

Planning Director Jerry Swanson mentioned that condition #4 is adequately covered in the Code and would be in the new Code to be adopted. He stated that legal counsel and himself did not see a reason to include that condition.

The Commissioners agreed with Director Swansonâ??s statement.

Commissioner Dan Dodge made a motion, seconded by Vice-Chairman Brigette Peterson, to approve use permit UP02-9 Use permit to authorize fitness/swim facility for Life Time Fitness subject to stipulations amended as follows.

Motion carried 6-0.

Staff recommends approval of UP02-9, use permit approval for a fitness/swim facility, Life Time Fitness, subject to the following conditions:

The site plan (exhibit 3.) shall be revised accordingly prior to issuance of a building permit to depict the following information:

The minimum width of each driveway aisle for the southern most entrance on Civic Center Drive to be 20â?? in width, or the removal of the raised landscaped median.

The sight distance area per standard detail No. 93 should be noted on the plan and the freestanding signs should be placed behind said area.

The lighting pole within the landscape retention area adjacent to the rear of lot 76 in Settlerâ??s Point shall be removed.

The specifications for the light fixtures for the parking lot and driveways, outdoor pool/slide area, and the building, as well as the type of lighting and levels of luminance shall be reviewed in conformance with the Light and Glare ordinance objectives for minimal light spillage, shielding, and compatibility of design at the time of design review.

The outdoor pool/slide area shall not be available public between the hours of 11:00 p.m. and 8:00 a.m.

Implementation and operation of the fitness/swim facility (Life Time Fitness) contrary to the use permit requirements herein shall be justification for revocation of the use permit. Any modification or revocation of the use permit shall occur through a public hearing process before the Planning Commission.

Chairman Joan Krueger thanked Mr. Mark for coming to Arizona and for the lovely product that she believes will add a lot to the Town and area.

GP02-1 â?? A minor amendment to the land use map of the Town of Gilbert by changing the Town of Gilbert land use designation from General Commercial to Business Park on approximately 11.15 acres located at the northwest corner of Guadalupe Road and Colorado Street.

Town Planning Consultant Greg Davis informed the Commissioners that GP02-1 is a request to amend the Land Use Map of the Town of Gilbert General Plan on approximately a 11.15 acre site located at the northeast corner of Arizona Avenue & Guadalupe Road, from General Commercial (GC) to Business Park (BP). He stated the Commission had seen this project on May 15, 2002 as a discussion item only. He reviewed the surrounding land uses; stating directly to the north of the site is existing commercial zoning with existing land uses, to the east is vacant land designated for industrial use and zoned I-1, to the south across Guadalupe Road is existing C-2 zoning and to the west is the remnant of the site which makes up the difference between the proposed 11.15 acres and the 14.25 acres, which is already designated and zoned commercial.

Mr. Davis stated that during the last meeting Staffâ??s only concern with the proposed amendment was that the remaining land would not be a viable use in its commercial zoning. At that meeting, the applicant provided a conceptual land use map that demonstrated it could be used viable, which is verifiable by the existing Wendyâ??s. They have since informed him they have uses lined up for those sites. He concluded that Staff is no longer concerned about the viability of the site and is recommending approval of the project because they do feel it is consistent with the policies of the General Plan. He then offered to answer their questions.

Chairman Joan Krueger invited the applicant to make a presentation. The applicant stated they were ok with Mr. Davisâ?? presentation.

Chairman Joan Krueger opened up the public hearing and asked if anyone wanted to speak on the item. Noting that no blue slips were submitted, she closed the public hearing bringing the item back to the dais for discussion or possible motion.

Commissioner Karl Kohlhoff made a motion, seconded by Commissioner Shane Leonard, to amendment the Town map under GP02-1 changing the land use designation of approximately 11.15 acres at the northeast corner of Arizona Avenue and Guadalupe Road from General Commercial to Business Park.

Motion carried 6.0.

GP02-3 â?? A minor amendment to the land use map of the Town of Gilbert by changing the Town of Gilbert land use designation from Residential 2-3.5 to Shopping Center (SC) on approximately 2.47 acres located at the northeast corner of Higley Road and Palmer legally described as Tract G on the Master Plat of Seville.

Town Planning Consultant Greg Davis informed the Commissioners that GP02-3 is a request to amend the land use map from residential 2-3.5 DU/Ac to a Shopping Center (SC) designation. He gave a brief history of the site; stating that it was originally targeted for a Town of Gilbert Fire Station and thus zoned PF/OS. The General Plan was not changed since that was an allowable use. The Town decided not to use the site and so the applicant has come to the Commission asking for an amendment to the land use map for an SC designation to allow the rezoning of this site.

Mr. Davis stated Staff looked at several elements of the General Plan in doing their analysis after the last meeting. He would like to discuss three of them with the Commissioners.

Mr. Davis first discussed the land use element. This element defines Shopping Center as characterized in the General Plan as larger parcels up to 25 acres typically anchored by a grocery store that locates at arterial intersections. He stated the intended uses of those sites are to provide services to the regional area. Mr. Davis stated the site proposed is 2.3 acres and the General Plan designation of Neighborhood Commercial (NC) seems more appropriate. NC discusses providing services for the immediate neighborhood and parcels that are typically less than 8 acres in size. He noted the site is also separated from the adjacent SC General Plan designation to the south by a residential collector street, which is Palmer. Staff believes the NC designation provides a more appropriate transition of intensities than the SC designation would allow.

The second element discussed by Mr.

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