Posted by Planning & Zoning Commission Regular Meeting Minutes
July 10, 2002
COMMISSION PRESENT: Chairman Joan Krueger, Vice Chairman Brigette Peterson, Commissioner Michael Monroe, Commissioner James Beene, Commissioner Shane Leonard, Commissioner Karl Kohlhoff
COMMISSION ABSENT: Commissioner Dan Dodge, Alternate Commissioner Todd Hanson
STAFF PRESENT: Planning Manager Linda Edwards, Planning Manager Maria Cadavid, Senior Planner Bob Pazera, Planner Matt Everling, Planner Cynthia Donald, Planner Jessica Galloway
ALSO PRESENT: Town Attorney Kelly Schwab, Town Traffic Engineer Bruce Ward, Recorder Trasie Johns
I N D E X
PLANNER CASE PAGE VOTE
Mr. Everling UP02-6 2 Continued
Ms. Edwards Z02-13 3 Continued
Ms. Edwards Z02-14 3 Continued
Ms. Galloway S486A 3 Approved
Ms. Cadavid S531N 5 Approved
Ms. Galloway S538A 5 Approved
Ms. Galloway S557A 6 Approved
Ms. Edwards S562 7 Approved
Ms. Edwards S563 9 Approved
Ms. Edwards S564 12 Approved
Ms. Cadavid UP02-4 14 Approved
Mr. Everling UP02-7 20 Approved
Ms. Cadavid GP02-2 25 Approved
CALL TO ORDER:
Chairman Joan Krueger called the meeting to order at 6:00 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 Karl Kohlhoff, seconded by Commissioner Shane Leonard to approve 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
UP02-6 â?? A request by the McDonalds Corporation for a Use Permit to allow for the construction of a new drive-through facility on a separate pad within an existing shopping center located at the southwest corner of Baseline & Higley. Staff is requesting continuance to July 24, 2002 meeting.
Planner Matt Everling informed the Commission that the Staff was a requesting a continuance of UP02-6 to the July 24, 2002 meeting so that the Design Review Board would have a chance to review any issues on the site plan that may effect the projectâ??s ability to meet the general compatibility standards for a Use Permit.
Commissioner Karl Kohlhoff commented that a Use Permit was not under the purview of the Design Review Board. He asked why they couldnâ??t act on the Use Permit that evening.
Mr. Everling stated that the Staff felt the Design Review Board might require the site plan for the McDonalds to be change and that might impede circulation, which would be considered during the review of the Use Permit. Therefore, the Staff felt that if the Use Permit were approved that evening and the Design Review Board made some changes it would create a conflict.
Commissioner Karl Kohlhoff suggested that they needed to be more efficient between the two organizations and the Design Review Board should take care of those issues prior to the Planning and Zoning Commission reviewing a project. He stated that he felt it was inappropriate that they had to continue something that an applicant had made an application on.
Chairman Joan Krueger asked if the applicant wanted to speak on the item.
Mr. Everling explained that the applicant was not present that evening and would be present at 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 the item back to the Commission for discussion and action.
A motion was made by Commissioner Michael Monroe, seconded by Vice Chairman Brigette Peterson, to continue UP02-06, a request for a Use Permit for a new drive-through restaurant, to a special July 24, 2002 Planning and Zoning hearing.
Motion Carried 6-0.
Z02-13 â?? Rezoning of an approximately 5.07 acre site from Maricopa County Rural-43 to R1-7 (Single-family Residential). The subject property is located north of the northwest corner of Recker and Pecos Roads. Staff is requesting continuance to the July 24, 2002 meeting.
Z02-14 â?? Rezoning of an approximately 4.96 acre site from Maricopa County Rural-43 to R1-7 (Single-family Residential). The subject property is located north of the northeast corner of Greenfield Road and Warner Road. Staff is requesting continuance to the July 24, 2002 meeting.
Planning Manager Linda Edwards informed the Commission that she was addressing Z02-13 and Z02-14, which were Town initiated zoning actions to accommodate annexation of property for a worship and seminary building. She noted that they were asking for a continuance because the newspaper notification and resident notices were posted and mailed in a timely manner, however the sign on the project site notifying the applicants was not able to be in the field prior to the 15 day requirement. She explained that the continuance would not delay the process because the second hearing for the Town Council on annexation and the final hearing for zoning would not be postponed.
Chairman Joan Krueger asked if the applicant wanted to make a presentation.
Ms. Edwards replied that the applicant did not want to make a presentation that evening.
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.
Commissioner Shane Leonard asked for clarification on why the sign wasnâ??t posted in the field on time.
Ms. Edwards replied that the letter was not faxed in time for the sign to be posted 15 days in advance. She added that they missed the deadline by one day.
A motion was made by Commissioner Shane Leonard, seconded by Commissioner James Beene, to continue Z02-13 and Z02-14 to a special July 24, 2002 Planning and Zoning hearing.
Motion Carried 6-0.
S486A - Preliminary plat for Higley Estates at Morrison Ranch. The subject site is zoned R1-43, R1-20, and R1-10 PAD, (Single Family Residential, Planned Area Development). The property is generally located southwest corner of Elliot and Higley Roads.
Planner Jessica Galloway informed the Commission that S486A was a Preliminary plat for Higley Estates at Morrison Ranch. The subject site is zoned R1-43, R1-20, and R1-10 PAD, (Single Family Residential, Planned Area Development). She stated that the property is located southwest corner of Elliot and Higley Roads. She explained that the project had only minor changes to it and was originally approved in 1998. She noted that the only change included the removal of four lots to increase the amount of open space. She concluded her presentation by stating that the Staff recommended approval of S486A with the stipulations that were listed in the Staff report. She noted that these stipulations were the same as originally approved in 1998, with the removal of the stipulations that refer to the Ordinances that were approved for the PAD since the ULDC covered that the plat needed to be in correspondence with the PAD Ordinance.
Chairman Joan Krueger requested that the applicant come forward to make his presentation.
Scott Morrison, 3180 East Elliot Road, Gilbert came forward. He stated that he was available for questions.
Vice Chairman Brigette Peterson referred to the site plan and asked where the driveways were located on some of the parcels.
Mr. Morrison pointed out the driveways in question and explained the layout of the development
Commissioner James Beene asked when they would be starting construction on the site.
Mr. Morrison anticipated that they would start engineering as soon as the project was approved and expected to be back before the Town with a final plat in about a year.
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 Commissioner Karl Kohlhoff, seconded by Commissioner Shane Leonard, to approve S486A, a preliminary subdivision plat of Higley Estates, dated April 2, 2002.
Motion Carried 6-0.
Staff recommends approval of S486A, re-plat of the Higley Estates at Morrison Ranch, dated April 4, 2002 subject to the revised conditions listed below:
Approval of S486A, Higley Estates at Morrison Ranch Preliminary Plat, will expire on July 10, 2003.
Developer shall provide for a minimum of 42 play stations throughout the open space areas. The exact location and distribution of said play stations shall be subject to the Planning Departmentâ??s review and approval.
Prior to the Council action on the final plat, Developer shall provide details of the open space areas throughout the project site and the landscape buffer along the western boundary of the subject property.
Developer shall receive review and approval of the preliminary and final site plan for the 4-acre commercial site through the Design Review Board.
All roads and intersections will be subject to all sight distance requirements, subject to Traffic Engineering approval.
S531N - Preliminary Subdivision Plat for Seville â?? Parcel 5 containing 92 lots and zoned Planned Area Development with the underlying zoning designation of R-CH (Single Family Cluster). The property is located at the northeast corner of Chandler Heights Road and Wilson Way (¼ mile west of Recker Road).
Planning Manager Maria Cadavid informed the Commission that S531N was a request for a Preliminary Subdivision Plat for Seville â?? Parcel 5 containing 92 lots and zoned Planned Area Development with the underlying zoning designation of R-CH (Single Family Cluster). The property is located at the northeast corner of Chandler Heights Road and Wilson Way (¼ mile west of Recker Road). She explained that Parcel 5 was one of the two parcels in the entire PAD development that was zoned R-CH. She explained that there had not been any changes made since the Commission saw the exhibit that went along with the zoning case. She noted that the project was in full compliance with the General Plan density, offering 92 lots and exceeding the minimum of the R-CH dimensions of 2,000 square feet. She noted that the single entrance design followed the requirements of the Fire Marshal and that the Design Review Board would be reviewing the open space and plat design the following evening. She concluded her presentation by stating that that the Staff recommended approval based on the three stipulations listed in the Staff report.
Chairman Joan Krueger asked if the applicant wanted to make a presentation.
Ms. Cadavid replied that the applicant did not wish to make a presentation.
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 Commissioner James Beene, seconded by Commissioner Michael Monroe, to approve S531-N, the preliminary plat for single-family cluster home development subject to conditions.
Motion Carried 6-0.
Staff recommends approval of S531-N, the preliminary plat for parcel 5 of Seville subject to the following conditions:
Final plat shall comply with the preliminary plat exhibits approved by the Planning Commission on 7/10/02 (Sheets 1 and 2 labeled Preliminary Plat for Seville parcel 5, and dated June 21, 2002.
The Design Review Board shall review the landscaping design and the specifications for the amenities proposed for the common areas of parcel 5 in Seville.
Interior streets and easements shall be dedicated as noted on the Preliminary Plat.
S538A - Preliminary plat for Highland Groves at Morrison Ranch. The subject site is zoned R1-7, and R1-5, PAD (Single Family Residential, Planned Area Development). The property is located northeast corner of f Elliot and Recker Roads.
Planner Jessica Galloway informed the Commission that S538A was an approval for Preliminary plat for Highland Groves at Morrison Ranch. The subject site is zoned R1-7, and R1-5, PAD (Single Family Residential, Planned Area Development). The property is located northeast corner of f Elliot and Recker Roads. She noted that the approval was identical to the one that was approved on June 6, 2000 by the Planning and Zoning Commission. She explained that the surrounding conditions of the original plat had not changed. She concluded her presentation by stating that the Staff was recommending approval with the stipulations that were the same as the previous approval and the removal of the stipulations that were addressed in the ULDC.
Chairman Joan Krueger asked if the applicant wanted to make a presentation.
Scott Morrison, 3180 E. Elliot Road, Gilbert came forward and asked if the Commission had any questions.
No one from the Commission had any questions for the Staff or the applicant.
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 Commissioner Michael Monroe, seconded by Commissioner Karl Kohlhoff, to approve S538A, a preliminary subdivision plat of Highland Groves, dated May 30, 2000.
Motion Carried 6-0.
Staff recommends approval of S538A, of the preliminary subdivision plat for Highland Groves at Morrison Ranch, dated May 30, 2000 subject to the revised conditions listed below:
Approval of S538A, Highland Groves at Morrison Ranch Preliminary Plat, will expire on July 10, 2003.
Except as modified by the following conditions, the site shall be developed in substantial conformance with the Preliminary Plat.
At a minimum, active and passive open space areas shall provide for the following amenities:
2 â?? Irrigation Lakes
3 â?? Tot lots (2 with a minimum 47 play stations each, one with a minimum 23 play stations)
2 - Basketball Courts
2 - Ramadas
4 - Picnic Tables
4 - BBQs
14 - Benches
5 - Trash Receptacles
2 - Bike Racks
2 â?? Drinking Fountains
S557A - Request for approval of a preliminary plat time extension for Layton Lakes Phase I located on the northwest and northeast corner of Lindsay and Queen Creek Roads. The subject site is zoned R1-10, R1-8, R1-7, and R1-6, R-TH, PAD (Single Family Residential, Townhouse Residential, Planned Area Development).
Planner Jessica Galloway informed the Commission that S557A was a one-year time extension for Layton Lakes Phase I located on the northwest and northeast corner of Lindsay and Queen Creek Roads. She explained that the project was approved on July 12, 2001 and needed a time extension since it expired on July 12, 2002. She noted that the only changes that had been made were the removal of the SRP substation and the replacement of five lots. She pointed out the lots on the site plan. She explained that the SRP substation would be relocated to another location in the project. She recommended approval of the project and concluded her presentation.
Commissioner Shane Leonard asked if the conditions were same conditions from the prior plat.
Ms. Galloway agreed that the stipulations were the same as the prior plat.
Chairman Joan Krueger requested the applicant to come forward for his presentation.
Phillip Miller, 5070 N. 40th Street #240, Phoenix came forward. He explained that the request was due to the sagging economy of the last quarter of last year and they were not able to market the project appropriately until the spring. He anticipated that they would bring the project forward to the Town the next month with engineering drawings. He clarified that the original plat was approved with the lots were the substation was located and it was their responsibility to amend the preliminary plat with the final location of the SRP substation. He explained that the lot number remained the same so there was not a need to revise the plat to accommodate the substation.
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 Commissioner Karl Kohlhoff, seconded by Commissioner Michael Monroe, to approve S557A, a one-year time extension of the preliminary subdivision plat for Layton Lakes Phase I, dated June 14, 2001.
Motion Carried 6-0.
Staff recommends approval of S557A, Time extension of the Layton Lakes Phase I Preliminary Plat, dated June 14, 2001 subject to the revised conditions listed below:
Approval of S557A, Layton Lakes Phase I Preliminary Plat, will expire on July 10, 2003.
Lots 41, 69, 70, and 76 of Parcel 2 and Lots 78 & 96 of Parcel 10 shall utilize view fencing.
A 3â?? minimum distance shall be required between the back of curb and any meandering sidewalk.
The Town of Gilbert and the City of Chandler shall approve a transition design for right-of-way improvements on Queen Creek Road west of the intersection of Queen Creek Road and Lindsay prior to approval of any final plat.
Avigation easement information, as identified in Ordinance No. 1328, shall appear in the general notes of any final plat.
Traffic calming design for Erin Lane shall be reviewed and approved by the Town Traffic Engineer prior to approval of a final plat.
All equestrian trails shall be placed within a minimum 10â?? wide public access easement (PAE), via final plat.
A public access trailhead shall be provided at the sports field park located at the northwest corner of the project. A public access easement shall be executed via the final plat providing public access to the trailhead, parking area, and to trails running parallel to the Eastern Canal.
All proposed street names shall be reviewed and approved by Town of Gilbert Addressing prior to approval of a final plat.
S562 â?? Approval of the preliminary plat for Country Shadows, a single-family subdivision of approximately 103 acres proposed at the northwest corner of Higley and Riggs Roads and zoned R1-7 and R1-6 (Single Family Residential).
Planning Manager Linda Edwards referred to the handout that she provided to the Commission earlier that evening and explained that the document was a cover note that referenced the preliminary plat dated July 3 with the notes given to the applicant by the Design Review Board of the open space plan. She described some of the changes that were made. She used the visual aid to point out the plat and the surrounding area. She noted that the project consisted of 103 acres with approximately 315 lots. The open space had a combination of interior and perimeter open space. Since it was within the San Tan area, the applicant was proposing 10 acres or more than the 7.5% that was required for the interior. Perimeter open space consisted of 7 acres or 6.8%. Conventional zoning was approved for R1-6 and R1-7. She referred to the standards, which were illustrated in the Staff report.
Ms. Edwards pointed out the major points of access to the project using the visual aid. She discussed the circulation in the project. She briefly reviewed the Medium Density Guidelines that helped the Staff evaluate the project. 20% of the lots were allowed to be less than 7,000 square feet and the project met this guideline. The guidelines call for an average lot size shall no less than 7,500 square feet and the project complied with an average lot size of 8,000 square feet. She noted that the project had met all the requirements of the Medium Density Guidelines.
Ms. Edwards noted that the Design Review Board approved the open space plan. She pointed out some of the amenities and the connected open space system with useable areas. She described the equestrian trail and a multiuse trail that ran through the neighborhood and around the neighborhood. She mentioned that the Chandler School District had reached an agreement with the applicant to support the children that will live in the neighborhood. She noted that the northern boundary of the project contained a county strip of property about 43 feet, which will connect to the existing 16-acre property across the street from Higley Road to the east. One of the stipulations addressed the improvements along the northern boundary as part of the homeowners association.
Ms. Edwards reviewed the stipulations listed in the Staff report. She concluded her presentation and asked for questions from the Commission.
Commissioner Shane Leonard asked about the water right to the land and if she had talked to the water resources staff about the ability to meet their needs.
Ms. Edwards referred to the Town of Gilbert Integrated Water Resources Master Plan and the water zone that was affected by the project. She explained that she had discussed the matter with the Townâ??s Water Resource Manager, Kathy Rall, who provided the statistics that affected the water zone. She reviewed the statistics and noted that the studies indicated that the water supply for both potable and reclaimed water would be sufficient.
Commissioner Shane Leonard expressed his concern over the Town approving projects on desert land where there wasnâ??t any water prior to the project, diluting the Townâ??s resources. He commented that the project was well planned.
Chairman Joan Krueger asked the applicant to come forward with his presentation.
Kelly House, 6710 North Scottsdale Road #100, Scottsdale came forward. He indicated that the Town Council had approved the annexation and the zoning on the project. In addition, the Design Review Board had reviewed and approved the open space and amenity plan. He reviewed the background of the project and asked if there were any questions from the Commission.
The Commission didnâ??t have any questions for the applicant or the Staff.
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 James Beene, to approve S562, a preliminary subdivision plat for Country Shadows, subject to conditions.
Motion Carried 6-0.
Staff recommends approval of S562, a preliminary plat for Country Shadows, subject to the following conditions:
Developer shall dedicate all rights-of-way and easements identified on the preliminary plat.
Developer shall create a new HOA (Homeowners Association) for the maintenance and preservation of all common areas, landscaping and improvements within the open space areas, arterial and local street rights-of-ways as shown on the Preliminary Plat and Preliminary Landscape Plan. These improvements and maintenance include the 43 foot tract along the northern boundary of the project.
S563 - Preliminary Subdivision Plat for Power Ranch Neighborhood 6, an approximate 98-acre subdivision containing 486 single family lots. The property is generally located south and west of the southwest corner of Germann Road and Ranch House Parkway.
Planning Manager Linda Edwards informed the Commission that Power Ranch Neighborhood 6 was a 98-acre project containing 486 single-family lots. She used a visual aid to show the PAD of Power Ranch and illustrated where Neighborhood 6 was located. She explained that Neighborhood 6 consisted of R1-5 and R-TH zoning districts, both having development standards that deviate from conventional zoning. The density consisted of 4.93 dwelling units per acre. The open space was proposed at 17.11 acres (17%). She corrected an error in the Staff report that indicated there was a minimum of 3â?? variation between lots, the correct distance was 2â??.
Ms. Edwards discussed the phasing of the project using the visual aid. She pointed out Phase 1, 2 and 3. She reviewed the preliminary plat and noted stipulations as they pertained to the points in the Staff report. The subdivision incorporated two distinct lot sizes and design, the R1-5 had a traditional lot configuration and the R-TH contained “Z ” lot configuration (detached single family units which allowed for diversity with the design). She explained that since the “Z” lots support side entry garages there is a need for cross access easements and maintenance easements, as noted in stipulation number one.
Ms. Edwards reviewed the open space using the visual aid. She illustrated how the open space connected throughout the development to bring activities to the center.
Ms. Edwards explained that there were a few lots that had an awkward design with small unusual landscape tracts on either side. As noted in stipulation number two, the applicant would be working with Staff to redesign those lots. She indicated that the preliminary plat was consistent with the subdivision regulations, residential design guidelines and had been reviewed carefully for pedestrian and vehicular circulation, street alignments, cross sections and open space.
Regarding circulation, Ms. Edwards stated that there were four collector right-of-ways that ultimately provide ingress and egress off of the Germann, Higley and Queen Creek arterial right-of-ways. She pointed out that there were not any cold a sacs in the subdivision, providing short, useable and pedestrian friendly streets. She indicated that the Staff was concerned with the intersection of the collectors. She pointed out that the current design of East Stampede Drive, S. Luiseno Boulevard, and E. Manzanita Boulevard connection created a problematic intersection in that it reduced smooth traffic flow on the collector and ultimately promoted neighborhood “cut-through” traffic. She informed the Commission that the Staff recommended incorporation of significant traffic calming features at the intersection of Stampede and Luuisena that would discourage through traffic off of the collector, as addressed in stipulation number four.
Ms. Edwards noted that stipulation number three required the necessity of incorporating a right turn, deceleration lane into the design of Germann Road to provide safe vehicular access onto South Luiseno Boulevard.
Regarding phasing, Ms. Edwards commented that the Staff recommended that Tract DD, the neighborhood park, be developed in Phase 1 because the proposed development of Phases 1 and 2 did not provide for adequate, active open spaces within close proximity to those lots. She concluded her presentation and informed the Commission that the applicant was agreeable to all the stipulations except condition five, requiring them to add Tract DD of the open space in Phase 1.
Chairman Joan Krueger requested that the applicant make his presentation.
Sean Walters, 4734 E. Queen Creek, Gilbert came forward. He reviewed the project and the open space connectivity throughout the area. He illustrated how they were connecting their trail to the Townâ??s master trail plan system. He discussed the “Z” lots and how they alternated the garages to the front and rear of the homes. He proposed that they would like to build Tract DD in Phase 2 because they wanted to build the park with the lots and along side the collector road. Otherwise, if built in Phase 1, they would build a park that they would need to tear up on the outside, in order it to fit into the surrounding area. He noted that they anticipating building Phase 2 shortly after Phase 1.
Commissioner Karl Kohlhoff referred to the circulation plan and the intersection of Manzanita and Stampede Roads. He felt they could do a better job of pulling Stampede into Manzanita and asked the applicant to have his civil engineer take a look at that intersection.
Mr. Walters agreed that the intersection of Stampede and Manzanita Roads was not the ideal situation. However, he announced that the first subdivision plat that was approved with Power Ranch had provided the road condition. He reviewed the connections and how difficult it would be to redesign the area.
Commissioner Karl Kohlhoff stated that they could still retrofit the problem because traffic safety should come first before subdivision infrastructure.
Mr. Walters agreed that they were also concerned about traffic safety and were working with the Staff to provide a traffic-calming device in the area. He added that they were providing a subdivision monument that was pedestrian scale designed and had looked at a variety of landscape medians that would help with the traffic. He concluded that he felt they had taken traffic safety into consideration.
Commissioner Karl Kohlhoff expressed his concern with the circulation and felt that they needed to design the streets correctly.
Chairman Joan Krueger announced that she would like to hear from the Townâ??s Traffic Engineer regarding the intersection once they were finished asking the applicant their questions.
Vice Chairman Brigette Peterson asked for clarification on where the model homes would be located.
Mr. Walters pointed out where they suggested that the model homes be placed in Phase 1 and Phase 2, clarifying that they would be two different sets of model homes.
Commissioner Shane Leonard asked if stipulation five was to be removed, not requiring the applicant to build Tract DD in Phase 1, where the closest park would be located to the homes in Phase 1.
Mr. Walters pointed out the two closest parks to the homes in Phase 1 that were already in existence.
Commissioner Shane Leonard responded that he didnâ??t understand why they wouldnâ??t require the applicant to build the park since they would be marketing the park when selling the homes.
Mr. Walters answered that they would not market the lots as having the park without bonding for the completion of the park. In addition, he felt the time frame between building Phase 1 and Phase 2 would only be three to four months. He explained again the problems with building the park in Phase 1 and that it was an engineering issue.
Chairman Joan Krueger requested that Bruce Ward, the Town Traffic Engineer, come up and address the street issue discussed earlier.
Bruce Ward, Town Traffic Engineer, came forward. He agreed that he was not in favor with the layout of the streets and was working on ways to mitigate the situation to make it better than it currently was proposed.
Commissioner Karl Kohlhoff stated that he would trust the judgment of Bruce Ward and he would support his decision on the roads.
Mr. Ward agreed that he would work to mitigate the situation to make the traffic a lot safer in the subdivision.
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.
Chairman Joan Krueger asked the Commission what they felt about the open space and Tract DD.
Commissioner Shane Leonard suggested that they require that Tract DD be developed in Phase 1 since the applicant indicated that there wouldnâ??t be much of a time differential between the building of Phase 1 and Phase 2.
Chairman Joan Krueger asked the Commission what their opinion was about the street situation discussed earlier.
Commissioner Karl Kohlhoff replied that he trusted Bruce Ward and would agreed to his decision.
Commissioner Shane Leonard asked if they could request that the applicant change the layout of the streets.
Chairman Joan Krueger responded that they could ask for the change, but that it would be a great hardship for the developer. She explained that Mr. Ward was suggesting that instead of requiring the change and hardship for the developer that they do their best to mitigate the situation. She added that the Staff also agreed with this approach.
Vice Chairman Brigette Peterson agreed to support Mr. Wardâ??s and Commissioner Karl Kohlhoffâ??s opinions that the situation could be mitigated.
A motion was made by Commissioner Shane Leonard, seconded by Commissioner Michael Monroe, to approve S563, the Preliminary Subdivision Plat for Power Ranch Neighborhood 6, subject to conditions.
Motion Carried 6-0.
Staff recommends approval of S563, the Preliminary Plat for Power Ranch Neighborhood 6, subject to the following conditions:
Vehicular cross-access easements shall be approved by the Town as part of the Final Plat to address limited access through required landscape tracts that are adjacent to local level right-of-ways.
Lots 317 through 321 shall be redesigned to reduce the depth to width ratio and to provide for a more significant open space. This redesigned shall be approved by Staff prior to submittal of Final Plat documents.
A right turn deceleration lane shall be incorporated into the design of Germann Road to provide efficient vehicular access onto South Luiseno Boulevard.
Traffic calming features shall be provided at the intersection of Stampede Road and Luiseno Boulevard to significantly discourage neighborhood through traffic. Said design shall be reviewed and approved by Town staff prior to approval of any Final Plat documents.
Phase 1 development shall incorporate the full improvements of the Neighborhood Park identified as Tract DD and related vehicular access to ensure adequate recreation opportunities for the initial phase of development.
Pedestrian access easements shall be recorded for all active and passive open space tracts within the plat.
S564 - Preliminary Subdivision Plat for Trilogy â?? Units 5 and 6, an approximate 127-acre subdivision containing 423 single family lots. The property is generally located ¼ mile south of the southeast corner of Queen Creek and Recker Roads.
Planning Manager Linda Edwards informed the Commission that S564 was another project within Power Ranch. She pointed out where the project was located and stated that it consisted of approximately 127 acres. She noted that the Design Review Board approved the open space plan for Trilogy, Units 5 and 6 on May 23, 2002. The project was zoned R1-5, PAD for 423 lots with an average lot size of over 6,000 square feet.
Ms. Edwards discussed the circulation of the project. She commented that the project had three major points of access off of arterials. She pointed out the roadways for the Commissionâ??s review. She mentioned this issue since it was a gated community. She explained that part of the Town Council approval of a gated community of this size is that it would help to promote pedestrian, bicycle and golf cart travel within the area.
Ms. Edwards mentioned that the lot size widths ranged between 50â??-65â??, which are immediately adjacent to each other, providing some variation to the streetscape. She explained that traditional neighborhoods typically contained the same size lots sizes and were not mixed. She pointed out that the project was proposed to be built in three phases. In stipulation two, she asked the Commission to note what the Phases were as they didnâ??t show up on the plat.
Regarding open space, Ms. Edwards informed the Commission that Trilogy was adding 9.3 acres to the 250 acres of open space to create 17.9% of common open space. She concluded her presentation by reviewing the stipulations for the Commission.
Commissioner Karl Kohlhoff asked what the use was to the west of the proposed plat.
Ms. Edwards replied that to the west of the plat was a residential zone owned by the Town of Gilbert and Mesa, proposed to have the police training fields, soccer fields and golf course.
Commissioner Karl Kohlhoff referred to the notice that was in the packet; exhibit 1 showed that there was a subdivision west to the proposed project. He asked if Recker Road would be carried through as a collector road.
Ms. Edwards indicated that on the land use map Recker Road was a major collector road.
Commissioner Shane Leonard asked for a clarification of what was going to be disclosed to future homeowners when they purchase their homes regarding the street costs.
Ms. Edwards replied that the stipulation stated that homebuyers would be notified that there would be a street cost involved in the purchase of their home.
Commissioner Shane Leonard clarified that he wanted to know if the financial data would be included in the plat.
Town Attorney Kelly Schwab informed the Commission that normally on the disclosure requirements they do not go into significant detail of estimates, as they do not always have the detail of costs until the construction commences. She suggested that if they wanted the developer to provide more detail that they add to the stipulation “an estimate of costs”, making it clear that they have to provide numbers.
Vice Chairman Brigette Peterson suggested that the stipulation clarify what the term “maintenance” would include.
Chairman Joan Krueger requested that the applicant make his presentation.
Sean Walters, 4743 East Queen Creek Road, Gilbert came forward. He clarified that prior to purchasing a lot within the subdivision the buyer received a department of real estate report that identified the lots as private streets and receive a copy of the homeowners association budget the defined their dues. He explained how the streets were funded with the reserve fund in the homeownerâ??s association budget. He added that based upon the General Plan that was approved in November; Recker Road was downsized from an arterial to a major collector.
The Commission briefly discussed the homeownerâ??s association budget and how it was implemented.
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 Commissioner James Beene, seconded by Vice Chairman Brigette Peterson, to approve S564, the Preliminary Subdivision Plat for Trilogy â?? Units 5 and 6, subject to conditions; adding at the end of condition two the words “Phase 1 Unit 5A, Phase II Unit 5, Phase III Unit 6″.
Motion Carried 6-0.
Staff recommends approval of S564, the Preliminary Plat for Trilogy - Units 5 & 6, subject to the following conditions:
All private streets shall be owned and maintained by a Power Ranch Homeowners Association. Disclosure shall be provided to potential residents regarding the possible costs associated with maintenance of private streets.
East Village Parkway West shall be developed to Recker Road as part of Phase II improvements (concurrent with Unit 5), Phase 1 Unit 5A, Phase II Unit 5, Phase III Unit 6.
Fire apparatus and public service access easements shall be recorded for all private streets.
Pedestrian access easements shall be recorded for all active and passive open space tracts within the plat.
At 7:25 P.M., Chairman Joan Krueger requested a ten-minute break.
The Commission reconvened at 7:35 P.M.
UP02-4 â?? Use Permit to approve a drive-thru facility for a Jack-in-the-Box facility, in a commercial tract part of the Berger Farms Planned Area Development with the underlying zoning designation C-1 (Neighborhood Commercial). The subject site is located east of the northeast corner of Guadalupe and Cooper Roads.
Planning Manager Maria Cadavid informed the Commission that UP02-4 was an application for a Use Permit for a Jack-in-the-Box drive-through in the Berger Farms PAD. She referred to an exhibit that demonstrated the area of the pad at the northeast corner of Guadalupe and Cooper Roads. The zoning was in place as C-1 PAD, 5 acres was the overall acreage of the commercial site and the proposed pad was .8 acre. She explained that a Use Permit was required due to the drive-through facility.
Ms. Cadavid discussed the findings of the Use Permit. Adequacy of the ingress and egress to the site was found to be available. She noted that the parking still needed to be evaluated. The project as proposed exceeded the code requirement by three spaces. Utilities were available on the corner where there was already all types of commercial and industrial development surrounding the property. She pointed out that screening and buffering would be accomplished by other in line shops that would separate the restaurant from the residential development. The access and the screening and buffering would be in place as soon as the rest of the development gets built. Signs and lighting were proposed to have a monument sign that would be shared with the rest of the center to be in line with the Town codes. She commented that the building signs were in compliance with the code and the Design Review Board still needed to review the package. Regarding the hours of operation, she noted that the applicant was requesting 24 hours for the drive through. Due to the land use designation, the existing zoning, the compliance with the Use Permit standards she informed the Commission that the Staff recommended approval subject to the stipulations.
Chairman Joan Krueger asked if the parcel had been zoned C-1 since the PAD was approved in 1995.
Ms. Cadavid agreed that the parcel had been zoned C-1 since 1995.
Chairman Joan Krueger inquired about the hours of operation.
Ms. Cadavid replied that the applicant had confirmed that the drive through would be open twenty-four hours and the restaurant would be open weekdays until 11:00 P.M. and later on the weekends. She added that until that evening they had not received any public input but she was aware that there were several people that evening that were opposed to the project.
Chairman Joan Krueger asked if there were neighborhood meetings scheduled to discuss the project.
Ms. Cadavid advised the Commission that neighborhood meetings were not required for a Use Permit, but the project was posted, advertised in the paper and letters were sent out regarding the development to all the property owners within 300 feet.
Commissioner James Beene asked what the distance was from the pad to the closest home to the east.
Ms. Cadavid estimated that the pad was approximately 200â?? from the closest home.
Commissioner Shane Leonard referred to the entrance to the drive through and inquired if the opening was wide enough to make the turn with the existing curb.
Ms. Cadavid replied that the drive way was over 20â??, which would be perfect for two-way circulation and would allow for big vehicles to maneuver.
Commissioner James Beene asked if there was a file that indicated which addresses were notified of the proposed project.
Ms. Cadavid responded that it was part of the applicantâ??s responsibility to provide the information on the addresses that were notified of the project and the Staff kept records of this information. She explained the process the Staff and applicant went through to notify residents.
Commissioner Shane Leonard asked when the notices were mailed out.
Ms. Cadavid answered that the paper was notified 20 days prior and notices went out to the residents 15 days prior to the hearing.
Chairman Joan Krueger invited the applicant to come forward to make his presentation.
Jeff Looker, 2070 E. Southern, Tempe , the architect on the project, came forward. He asked the Commission if they had any questions for him.
Commissioner Shane Leonard asked what the proposed hours of operation were.
Mr. Looker replied that operationally the applicant never liked to be restricted to their hours and prefer to be open 24 hours. He added that he was not authorized by Jack-in-the-Box to agree to fewer hours and that operationally, to make the site work financially, they requested 24 hours of operation. Knowing the traffic counts on the corner, he thought it might not be feasible to staff the inside restaurant for 24 hours.
Commissioner Shane Leonard inquired what the traffic count would be on that corner.
Mr. Looker answered that although they conducted a traffic count he couldnâ??t remember what the numbers were for that corner.
Chairman Joan Krueger opened the public hearing and announced that she had received 13 blue slips indicating the people in the audience that were concerned about the item. The following people were opposed to the item but did not wish to speak: Phillip Burton, 737 W. Scott Ave.; Tammara Ritter, 736 W. Douglas; John Ritter, 736 W. Douglas Ave.; Steve Oâ??Connll, 691 W. Princeton Ave.; Monique Figueroa, 755 W. Douglas Ave.; Paul Figueroa, 755 W. Douglas Ave; Gina Cattabiani, 834 N. Abilene Drive.
Douglas Burke, 850 N. Abilene Drive, Gilbert came forward. He illustrated where his property was located, with the back wall of his home adjacent to the proposed property. He explained that he had enjoyed living in the community for the past four years. He argued that if they allowed the project to be built at that location they would impact the property values of the residents and their quality of life. He described the nuisances that would accompany the project: noises, varmints, bugs, smells, and bright lights.
Terrry Anderson, 768 W. Douglas Ave, Gilbert came forward. He pointed out where his home was located and that he had been living there for the past two years. He announced that he did not want a drive through on the other side of his home. He discussed the green belt that was located by his property and the amount of kids that played in the area. He also noted how much traffic was in the area and how the traffic would be increased at the intersection causing more accidents. He described the effects of the drive through: lighting, noises, smell, rats, grease, decreased property value and increased traffic. He asked the Commission to consider the impact that the drive through would have on the quality of life of the residents if they approved the project.
Chairman Joan Krueger requested that the Staff read off the list of uses in the C-1 zoning district.
Town Attorney Kelly Schwab listed the appropriate uses in the C-1 zoning district.
Chairman Joan Krueger asked if Mr. Anderson was aware of the zoning on that piece of property when he moved into his home.
Mr. Anderson replied that he was not aware of the zoning of the property.
Chairman Joan Krueger clarified that Mr. Anderson understood that the property had been zoned C-1 since 1995.
Mr. Anderson agreed that he understood the zoning as of that evening.
Commissioner Shane Leonard pointed out that there would be buildings that would be added behind the pad adding additional buffering to their property. He asked if Mr. Anderson had received a notice in the mail about the issue.
Mr. Anderson replied that he did not receive any information regarding the case in the mail, but had been informed of the project by his neighbor.
Vice Chairman Brigette Peterson inquired where the park was located that Mr. Anderson referred to earlier.
Mr. Anderson pointed out his lot and the green belt that was next to his property.
Vice Chairman Brigette Peterson asked if there was a block wall next to the greenbelt.
Mr. Anderson responded that the wall was very small next to the green belt. He discussed the noise that they already had from the AM/PM that was located next to his property and did not want the drive through noise added.
Pat Meldrum, 739 W. Douglas, Gilbert came forward. She pointed out where her lot was located in the development. She announced that she had obtained 42 signatures in a single evening from neighbors opposed to the item. She listed the four issues that were addressed by the neighbors. First, she noted that there were four fast food restaurants within a four-mile radius of the site and they didnâ??t need more to choose from. Secondly, the neighbors were concerned with the safety factor since eastbound traffic might swerve to quickly enter the edifice presenting a traffic hazard. Additionally, since the restaurant was proposed to be open 24 hours, it would fast become a hang out for undesirable people thus endangering the neighborhood. He third point was that the project was a health issue since trash and litter would fly into nearby homes. Also rancid grease from cooking would fill the air. The fourth issue regarding the proposed property would be the disturbing of the peace because of the drive-by portion and the people outside. She concluded that they were deeply worried about Jack-in-the-Box lowering their property value.
Chairman Joan Krueger requested the copy of the 42 signatures that were opposed to the project. She asked when Ms. Meldrum moved into her home.
Ms. Meldrum provided the copy of the signatures to the Commission. She replied that she moved into her home in 1996.
Chairman Joan Krueger asked if Ms. Meldrum was aware that the property was zoned commercial.
Ms. Meldrum responded that she was aware the property was zoned commercial, but was told that the property would be developed as a strip mall, not a fast food restaurant.
Chairman Joan Krueger explained that as a Commission, they were not entitled to decide upon a project based on property value.
Town Attorney Kelly Schwab reminded the Commission that they were only allowed to consider the drive thru facility and that their scope of consideration of issues was very limited to include lighting, adequate ingress and egress and impact on the neighbors. She noted that the Commission rarely considered property values and this was more in the purview of the Town Council. She reminded the Commission that they were the final decision maker on the item and unless the item was appealed their decision would stand.
Commissioner James Beene referred to the ULDC, section 7.15 under the Use Permit section, under A2, it discussed the economic noise glare, dust or odor effects shall be considered as whether the areas are adequate. He asked Ms. Schwab if they could consider the economic impact of the project.
Town Attorney Kelly Schwab stated that he was correct and they could consider the economic impact as a consideration of compatibility.
Commissioner James Beene asked the residents if they had anything that would prove that their property values would go down if the restaurant were to be built next to their neighborhood.
Chairman Joan Krueger informed the Commission that she had lived 60 feet from a bar and had fought a zoning battle there for two years. After a realtor measured the property value over the course of the two years there was not any decrease in the property value of her home or neighborhood homes.
Commissioner James Beene commented that he was not going to speculate that the restaurant would have a negative effect on the property value. He noted that they could look at the economic impact but could not make the determination without some concrete evidence.
Commissioner Michael Monroe discussed the areas that he felt they had jurisdiction over. He felt that they could limit the hours of the drive thru or they could turn down the use of the drive thru and Jack-in-the-Box could open without the use of a drive thru. He pointed out that there would be a landscape easement and other buildings that would buffer the Jack-in-the-Box. He announced that he would be in favor of limiting the drive thru hours.
Commissioner Shane Leonard verified that they could only restrict the hours of operation for the drive thru and not the restaurant.
Town Attorney Kelly Schwab agreed that the restaurant was an approved use and they could not make changes on the hours of the restaurant, they could only restrict the hours of the drive thru.
Chairman Joan Krueger requested that Joe Cattabiani come forward.
Joe Cattabiani, 834 N. Abilene Drive, Gilbert came forward. He stated that he was opposed to the 24-hour drive thru because of the noise, disturbance, and crime. He announced that he was aware of the commercial zoning when he moved in; he was just opposed to the restaurant being open 24 hours.
Vice Chairman Brigette Peterson asked Mr. Cattabiani how long he had lived in his home.
Mr. Cattabiani replied that he was an original owner from 1996, when the development was built.
Alicia Burton, 737 W. Scott Ave., Gilbert came forward. She pointed out that her house was adjacent to the restaurant. She stated that she was saddened that the item was just about revenue, and there wasnâ??t any consideration for the residents of the area. She asked the applicant to reconsider the site and not look only at the revenue but the effect the project would have on the residents. She added that she was concerned about the crime.
Chairman Joan Krueger inquired when Ms. Burton moved into her home.
Ms. Burton replied that they purchased their home in 1996.
Chairman Joan Krueger explained the process of what the Jack-in-the-Box had to do in the Town of Gilbert to get approved and built so the audience understood the position of the Commission. She discussed how the applicant could appeal the decision of the Commission if they were not happy with their decision.
Mr. Burk asked for the buffering to be clarified. He was concerned about the 16â?? light posts.
Ms. Cadavid clarified that the Lighting and Glare Ordinance required that within 100â?? from residential boundaries the light poles couldnâ??t exceed 14â?? high. She noted that the particular building and pad were beyond the 100â?? distance from the residents. She added that the original PAD established a maximum height of 16â?? in 1995. She explained that the ultimate screening and buffering would be provided by the in line shops that would be built at a future date.
Mr. Burk inquired about when the additional pads would be developed, as the lighting would infringe upon his bedroom window until this development occurred.
Chairman Joan Krueger responded that they had not seen any applications to develop the additional pads on the site.
Mr. Burk stated that the buffering would not be sufficient for the Jack-in-the-Box until the other pads were developed. He asked the Commission to address this concern. He asked what the requirement was to be notified of the future steps in the process.
Planning Manager Linda Edwards explained that when a proposal for the Design Review was brought forward the residents within 300â?? would receive a written letter and a sign would be posted in the field.
Chairman Joan Krueger added that the Design Review Board would be meeting the following evening regarding the Jack-in-the-Box drive thru.
Revelle Renner, 691 W. Princenton Ave., Gilbert came forward and pointed out her home on the site plan. She stated that they moved in six months ago and felt that a day care facility would be a good business for the site, but not a 24 hour drive thru restaurant. She asked the Commission to consider not approving the drive thru.
Chairman Joan Krueger explained that the day care facility was not in place of the Jack-in-the-Box, but was an additional pad located on the PAD. She added that this was the original idea proposed in 1995, but they had not seen an application for a day care for that location.
Ms. Renner added that they didnâ??t receive a letter and they were located right next to the project.
Commissioner James Beene asked Ms. Renner what hours would be acceptable to her if they were to limit the drive thru hours.
Ms. Renner suggested that they limit the hours to close at 11:00 P.M., because at 1:00 A.M. the bars would just have closed and people would go to Jack-in-the-Box to eat.
Commissioner Michael Monroe thanked the audience for coming that evening and giving them enlightenment on the issues. He appreciated the efforts of the community helping them to make the correct decision for the neighborhood. He suggested that they limit the hours of operation for the drive thru. He felt the operations of the drive thru should close at 11:00 P.M. or not allow the drive thru at all. He also cautioned the audience that if they didnâ??t approve the drive thru, Jack-in-the-Box might decide not to build there and a bar or other use might be built instead.
Chairman Joan Krueger reminded the Commission that the architect for the applicant had suggested that Jack-in-the-Box might not build the restaurant if the hours were restricted. She added that if the restaurant werenâ??t built, another less desirable business might be placed at that location, such as a bar.
Vice Chairman Brigette Peterson added that there were at least 165â?? between the menu and the closest resident and 200â?? from the east side of the building to the residents. She cautioned the Commission that if they didnâ??t approve the drive thru, the applicant might appeal them. If they approved the drive thru, the residents might appeal them.
Commissioner Michael Monroe asked the applicant what the ideal operations were for the restaurant.
Mr. Looker replied that Jack-in-the-Box preferred to have the hours of operation be at 24 hours. He added that he had not seen in seventy Jack-in-the-Boxâ??s that he had been involved with be built if the hours of operation were limited. Once they get the approval of operation of 24 hours many times Jack-in-the-Box might limit the hours themselves.
Chairman Joan Krueger asked the audience to raise their hands if they wanted the Commission to limit the hours, chancing that another business might be placed in that location.
All of the neighbors raised their hands indicating that they would like the Commission to limit the hours of operation.
Town Attorney Kelly Schwab clarified that if there was an appeal filed it would go to the Town Council.
Commissioner Karl Kohlhoff gave an example of Famous Samâ??s and how a like use could be approved to go into the corner if the Jack-in-the-Box were not built at this location. He cautioned the neighbors to consider the options of what might be built if they didnâ??t approve the drive thru. He agreed to go along with the Commission if they determined to limit the hours. He added that he would prefer to approve the drive thru with unlimited hours since they might not build their restaurant with limited hours and another use might cause more detriment to the neighborhood.
Commissioner Shane Leonard suggested that they limit the hours of operation to be open from 6:00 A.M. to 11:00 P.M., Sunday through Thursday and 6:00 A.M. to 1:00 A.M. Friday and Saturday. He asked about stipulation number two that limited the hours of live music being played outside.
Mr. Looker replied that they did not play music outside.
Commissioner Michael Monroe agreed to limit the hours as proposed.
Chairman Joan Krueger requested a motion.
A motion was made by Commissioner Shane Leonard, seconded by Commissioner Michael Monroe, to approve UP02-04, a Use Permit authorizing the drive thru facility for Jack-in-the-Box, subject to Staff stipulations, striking the hours on stipulation number two; adding that the hours of operation for the drive thru on shall be limited to Sunday through Thursday from 6:00 A.M. to 11:00 P.M., and Friday and Saturday from 6:00 A.M. to 1:00 A.M..
Motion Carried 6-0.
Except as modified herein, the project shall be developed in compliance with the approved site plan marked Exhibit #3 and dated July 11, 2002.
The playing of live or recorded music outside of the building shall be prohibited.
Construction of a right turn deceleration lane on Guadalupe Road per the Town of Gilbert standards.
The hours of operation for the drive through on shall be limited to Sunday through Thursday from 6:00 A.M. to 11:00 P.M., and Friday and Saturday from 6:00 A.M. to 1:00 A.M.
At 8:55 P.M., Chairman Joan Krueger called for a 5-minute break.
The Commission reconvened at 9:00 P.M.
UP02-7 â?? A request by Verizon Wireless for a Use Permit to install a new 40-foot monopole and associated ground-mounted equipment in the rear of the property located at 1001 N. Gilbert Road, also know as the Bar 4 Mini Storage.
Planner Matt Everling used the visual aid to point out the project and the surrounding area. He discussed the communication facility, which was 768 square feet, and the equipment cabinet, which is contained inside of the facility as being 288 square feet. The screen walls were proposed to be 11â??4″ high, which was 1â??4″ higher than the ULDC allowed so the Staff had added a stipulation limiting the maximum height to 10â??. The monopole was proposed to be 24″ at the base, with 14″ at the top. The applicant was proposing to mount three panel antennas, which would be 6â?? high, 12″ wide and flush mounted to the antenna.
Mr. Everling provided visual aids of the monopole taken from different vantage points in the neighborhood. The ULDC required a minimum of 75â?? from any adjacent residential zone. He pointed out the surrounding properties and the distance around the monopole to the property line. The monopole was proposed to be 40â?? in height with a co-location that could extend the pole up to 65â?? in height. The screen wall would be painted to match the existing storage facility, which is stipulated in condition number seven that the wall cannot exceed 10â??. He discussed the maintenance and access to the monopole.
Mr. Everling commented that there were eight co-location sites in the area, however none of the sites met Verizon Wireless coverage requirements. The applicant provided supplemental information that was in the Commissionâ??s packet that noted their attempt to co-locate at other locations in the area.
Commissioner Michael Monroe asked why the Staff was limiting the height of the wall since that would allow for people in the area to see the equipment. He stated that he understood that the ULDC required the wall to be at 10â?? and asked if they could request a variation with the Use Permit.
Town Attorney Kelly Schwab explained that through a Use Permit process they could not vary from the requirements of the ULDC.
Mr. Everling referred to condition number eight that required the applicant to move the facility 95â?? further feet to the west which would place it 229â?? from the east property line, reducing potential aesthetic impact associated with the monopoleâ??s height and future extension. He summarized that the request conformed to the ULDC and did meet the required findings for a use permit. He recommended approval of the Use Permit.
Commissioner Shane Leonard inquired about the height of the Bar 4 Mini Storage walls.
Mr. Everling replied that the height of the perimeter walls to the north and east were 8â?? high and the height of the perimeter wall on the south property line was 10â??.
Commissioner Shane Leonard questioned the impact the residents would have with the monopole.
Mr. Everling reviewed the photosynthesis that was taken that illustrated what the monopole would look like in the different neighborhoods surrounding the project.
Commissioner Karl Kohlhoff suggested that they require the applicant to dress up the monopole to look like a palm tree.
Chairman Joan Krueger asked if they had the authority to condition the project to disguise the monopole.
Mr. Everling replied that they were authorized to require the applicant to disguise the monopole.
Commissioner Shane Leonard asked what the hours of operation were of the Bar 4 Mini Storage and if they would be impacted by Verizon Wireless requiring access to repair the facility. He described a situation at his employment that caused problems when a wireless customer needed access to the monopole at late