Planning & Zoning Commission Special Meeting Minutes

September 18, 2002

Southeast Regional Library
775 N. Greenfield Road, Gilbert, Arizona

COMMISSION PRESENT: Chairman Joan Krueger, Vice Chairman Brigette Peterson, Commissioner Michael Monroe, Commissioner Shane Leonard, Commissioner Karl Kohlhoff, Commissioner Dan Dodge, Alternate Commissioner Jayne Abraham

COMMISSION ABSENT: Commissioner James Beene

STAFF PRESENT: Planning Director Jerry Swanson, Planning Manager Maria Cadavid, Planning Manager Linda Edwards, Planner Jill Johanneck, Senior Planner Robert Pazera

ALSO PRESENT: Town Attorney Kelly Schwab, Town Attorney Phillis New, Town Traffic Engineer Bruce Ward, Vice Mayor Les Presmyk, Town Manager George Pettit, Recorder Trasie Johns

I N D E X

PLANNER CASE PAGE VOTE

Ms. Cadavid UP02-11 2 Approved
Ms. Cadavid Z01-20 3 Approved
Ms. Johanneck Z02-22 7 Approved
Mr. Pazera GP02-10 8 Discussion Only

CALL TO ORDER:

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

ROLL CALL:

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

APPROVAL OF AGENDA:

Chairman Joan Krueger requested a motion to approve the agenda.

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

Motion Carried 7-0.

COMMUNICATIONS FROM CITIZENS:

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

No one came forward.

ADMINISTRATIVE ITEMS

Minutes â?? Working Session and Regular Meeting minutes of August 7, 2002; Regular Meeting minutes of September 4, 2002.

Chairman Joan Krueger requested a motion to approve the minutes.

A motion was made by Commissioner Dan Dodge, seconded by Commissioner Michael Monroe, to approve the minutes â?? Working Session and Regular Meeting minutes of August 7, 2002; Regular Meeting minutes of September 4, 2002.

Motion Carried 7-0.

Ratify appointment of Zoning Hearing Officer and Alternate Hearing Officer.

Town Attorney Kelly Schwab informed the Commission that although they appointed Commissioner Dan Dodge to be the Zoning Hearing Officer and Commissioner James Beene as the Alternate Hearing Officer at the last meeting, it was not on the agenda so they needed to ratify that action in the meeting that evening.

PUBLIC HEARINGS

UP02-11 â?? A request for a Use Permit to allow a drive-thru restaurant for a new Mc Donaldâ??s facility proposed as “Pad C” of the Gilbert Fiesta Center located east of the southeast corner of Gilbert and Williams Field Roads.

Planning Manager Maria Cadavid informed the Commission that UP02-11 was a request for a Use Permit to allow a drive-thru restaurant for a new Mc Donaldâ??s facility proposed as “Pad C” of the Gilbert Fiesta Center located east of the southeast corner of Gilbert and Williams Field Roads. The zoning in place was PAD within a Shopping Center (SC) land use area on the General Plan. She noted that the case was continued to the current meeting because the Town Traffic Engineer needed to further review the accessibility and circulation. Since the previous meeting, the Traffic Engineer had reviewed the site plan for the drive-thru restaurant and approved the design and circulation. She pointed out that the stacking distance for the driveway onto Williams Field Road was adequate per the traffic study.

Ms. Cadavid commented that the off-street parking was adequate as the project provided a greater number of parking spaces (29) than required (16) for the restaurant use. She added that the screening and buffering requirements were met. Signing and lighting would be reviewed by the Design Review Board, and at that time complied with the Ordinance. Hours of operation would be restricted from 5:00 A.M. to 12:00 A.M. She noted that Staff had not received any input from the public. She recommended approval with the stipulations that were listed in the staff report.

Commissioner Shane Leonard questioned why stipulation number two, which listed that the playing of live or recorded music outside of the building shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m., was listed as a stipulation.

Ms. Cadavid replied that it was a standard stipulation for this type of use to ensure that people that work on the facility after hours did not disturb the neighbors.

Alternate Commissioner Jayne Abraham asked who was restricted in playing music after hours.

Ms. Cadavid responded that the stipulation referred to anyone that worked at or used the facility.

Commissioner Karl Kohlhoff commented that the McDonaldâ??s was a good use for that corner.

Chairman Joan Krueger requested that the applicant make his presentation.

Kelly Fersuson, 425 S. 48th Street #101, Tempe came forward. He stated that they agreed with all the stipulations and didnâ??t have any outstanding issues.

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

A motion was made by Commissioner Michael Monroe, seconded by Commissioner Karl Kohlhoff, to approve UP02-11 subject to Staff stipulations.

Motion Carried 7-0.

Move to approve UP02-11, a Use Permit authorizing a drive thru facility, for McDonaldâ??s located east of the southeast corner of Gilbert and Williams Field Roads, subject to the following conditions:

Except as modified herein, the project shall be developed in full compliance with the approved site plan marked Exhibit #3 and dated September 18, 2002.

The playing of live or recorded music outside of the building shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.

Z01-20 â?? A request for an amendment to a portion of the Spectrum at Val Vista Planned Area Development, approximately 160 acres from PAZ with the underlying zoning districts R-CH (Residential Cluster), R-2 (Two Family Duplex Residential), R-3, R-4 (Multi-Family Residential), R-TH (Townhouse Residential), R1-6, R1-7, R1-8, R1-10, R1-20, R1-43 (Single Family Residential), PF/OS (Public Facilities/Open Space), C-2 (General Commercial), and I-1 (Garden Industry) to PAD with the underlying zoning districts R-CH (Residential Cluster), R-2 (Two Family Duplex Residential), R-3, R-4 (Multi-Family Residential), R-TH (Townhouse Residential), R1-6, R1-7, R1-8, R1-10, R1-20, R1-43 (Single Family Residential), PF/OS (Public Facilities /Open Space), C-2 (General Commercial), I-B (Industrial Buffer) and I-1 (Garden Industry). The Spectrum at Val Vista project is located in the general area south of Williams Field Road, east of Lindsay, west of the ½ mile between Greenfield and Val Vista Roads, and north and south of Germann Road.

Commissioner Shane Leonard announced that he needed to abstain from discussing and voting on the item.

Planning Manager Maria Cadavid informed the Commission that Z01-20 was a request for an amendment to a portion of the Spectrum at Val Vista Planned Area Development, approximately 160 acres. She referred to the visual aid that outlined the changes in the zoning request. Although the description looked like the amendment was a huge change, she pointed out that it wasnâ??t that big of a change with most of the amendment constituting changes in boundaries, consolidation of parcels to increase the multi-family zoning designation and an increase in the commercial component. She noted that there were two major items in the amendment as listed in the Staff Report.

Ms. Cadavid discussed the first item as listed in the Staff Report, Parcel 3, which was a Commercial zoning designation (C2). She pointed out that the parcel would increase by 1.8 acres and deviate from the fifty-foot wide by two hundred fifty (250) feet landscape area at the southwest corner of the parcel. As briefed in the report, the major arterial intersection constituted a major a focal point used for on site retention and used to provide identity and character to the development. Therefore, the Staff had worked close to the applicant to demonstrate to the Commission and Council that they could provide the Town more in the area. She explained that they made revisions to meet the intent of the Ordinance. She described the following chart:

Williams Field Rd.
Number

Min. Required Provided
Size

Min. Required Provided

Trees
12
12
24″ box

100%
36″/48″

60%/40%

Shrubs
37
>80
5 gl.
5 gl.

Vegetative Ground covers
25%
>60%
1 gl.
1 gl.

Val Vista Drive

Trees
12
13
24″ box

100%
36″/48″

60%/40%

Shrubs
37
>80
5gl.
5gl.

Vegetative Ground covers
25%
>60%
1 gl.
1 gl.

Landscaping Coverage:

Required on both streets (50â?? x 250â??)
Provided both streets

(50â?? x 250â??)
Provided Beyond (50â?? x 250â??)

Excluding Parking Lot Landscaping
Total Provided within the 50â?? x250â?? and Adjacent Area

22,500 SQ FT. (100%)
18,824 SQ FT (84%).

Difference 3,676 SQ.FT. (16%)
3,298 SQ. FT.
22,122 SQ. FT

Ms. Cadavid pointed out that practically every square inch of the corner would be planted with landscaping. The size and intensity of the plant material was increased by providing 48″ box trees vs. the 24″ and 36″ box trees normally required at corners of commercial projects. Also the shrubbery and vegetative ground coverage had been increased along the street frontage within the limits of lot 5.

In addition to the vegetation, Ms. Cadavid noted that there was a proposal for an upgraded monumentation. The applicant was proposing to give a series of raised walls and planters, incorporating the design of the Spectrum at Val Vista theme wall of the residential parcel. She used the visual aid to show the corner. In addition, the Staff asked the applicant to come forward with a piece of public art or a small waterfall, to compensate for the encroachment into the required landscape area. She noted that they were sensitive to water conservation and had the Water Conservation Manager review the project. Grading design behind the sign wall has been raised and the wall lowered from 6â?? to 4â?? high to open up the view of the pedestrian plaza and the amenities proposed.

Ms. Cadavid discussed items 3, 4, and 5 as outlined in the Staff Report, which dealt with the changes in residential boundaries for parcels that had been consolidated into residential multi-family zoning designations. Those parcels keep the character, but had been intensified. The Staff concurred with the changes in the residential and commercial zoning designations. She noted that the Staff had no objection to the increase in the acreage of these multi-family parcels due to their proximity to the Spectrum Village Core and the future Power Center to the east of this project.

The other significant change, Ms. Cadavid pointed out, was in parcel 15. She explained that the applicant was requesting a slight increase in the acreage of parcel 15 (0.9 of an acre), and deviation from the development requirements of the existing underlying designation R-2 (District, duplex) to build a residential single family attached (paired home) product. She described the figures outlined in the chart listed in the Staff Report:

Criteria
Proposed Parcel 15 Development Standards
ULDC Standards for R-2,

Min. Lot Width
43â??/unit lot
70â??

Min. Lot Depth
85â??
100â??

Minimum Lot Area
3,600/unit
3,000/unit=7,000

Maximum Lot Coverage
1-story 60%

2-story 50%
40%

Building Setbacks
Front: 10â??-20â?? *

Side: 10â??between buildings **

Rear: 10â?? measured to the patio column and 15â?? to the wall
Front: 20â?? â?? 25â??

Side: 5â?? and 10â??

Rear: 15â??

Building Height (Max ft.)
30â?? max. Height
30â??or two-story

* 10â?? to wall plane of the house for side-entry garage units; 20â?? to front entry garages. Front setback measured from the back of the sidewalk.

** All side yards shall meet the “clear zone requirements of Ordinance No. 803.

*** All subdivided lots within parcel 15 shall provide adequate space to accommodate a minimum 6â?? x 10â??

(60 sq. ft.,) covered patio within the required setbacks

The third significant item in the zoning case was discussed by Ms. Cadavid, the reconfiguration of the parcels south of the freeway to increase the commercial zoning designation from three to seven acres. In addition they were requesting to increase the R1-20 zoning designation and provide an industrial buffer along the San Tan Freeway. She explained that the revisions in this part of the PAD correspond to the revised layout for the San Tan freeway that made the alignment to encroach further to the south (a full diamond intersection is planned for the freeway on Val Vista Drive), the need to replace the medium and low density residential originally approved with a zoning designation that acts as a buffer between the freeway and the existing low density residential to the south. Staff does not have any objection if the height of the houses on the northeast lots of parcel 32 is limited to single story and the access to the various parcels is adequate and safe.

Ms. Cadavid noted that there were several meetings with the neighbors to the south in the county. There have been several neighborhood meetings throughout the processing of this application to address different issues. A neighborhood meeting was held on February 12, 2002 for the neighborhood south and east of Willis Road. Issues of concern were the access to Willis Road and the nature of the industrial land use proposed on parcel 31. On August 27, 2002 another neighborhood meeting took place to discuss options for access to the Willis Road neighborhood, and concerns the Traffic Engineer had for access to the existing and proposed development from Val Vista Drive. As a result, she explained that the applicant was working on the final design of the local industrial to access parcels 30-32, and the access road to enable egress/ingress to the residential properties facing Willis Road.

Ms Cadavid reviewed the stipulations that were listed in the report. She noted that they had included a stipulation that restricted the height on houses on lots situated to the northeast of the parcel (lots 23-25 of the conceptual preliminary plat) to be single story. She explained that they had requested this based on the county residents next to these lots. She pointed out that they needed to limit the height of the buildings in the I-B (Industrial Buffer) in Parcel 31 to 25â?? within 100â?? of the eastern boundary of the parcel. She mentioned that after researching industrial buildings in previous industrial developments that were approved they had the same restrictions. She noted that she had passed out a new list of stipulations that deleted the first bullet in stipulation c. She explained that the applicant that was coming forward to develop 80 acres to the north of Parcel 4 felt that they would meet the circulation requirements without having to improve Frye Road. The second bullet was revised to state “The street running north-south between parcels 4, 12, and 14 shall be developed as a Residential Collector unless further studies at the time of platting of these parcels demonstrates otherwise.” She concluded her presentation and asked for questions.

Seeing no questions from the Commission Chairman Joan Krueger asked the applicant to come forward.

Ralph Pew, 10 W. Main Street, Mesa came forward. He stated that he concurred with the staff report and the stipulations. He introduced Dale Roafst from the Spectrum project, Kim Grimm from Continental Properties, and Ed Bull from Fulton Homes who were in the audience. He asked for questions from the Commission and urged their support on the project.

Commissioner Karl Kohlhoff was concerned that they might be sending the wrong message to the Town with the waterfall and green corner, because of the water shortage in the area.

Mr. Pew agreed with Commissioner Karl Kohlhoffâ??s comment since they lived in an arid area. He mentioned other developments in the area; the Islands, Val Vista Lakes, which were similar. He stated that there was a code requirement of 250â?? by 50â?? (22,000 square feet) of landscaping, on the frontage of the major intersection. He explained that they were 378 square feet short of the landscaping requirement and in order to convince the Commission and the Town Council to deviate from that standard they were required to increase the size of the trees, build the terracing and put in the water feature. He explained that they needed to encroach into the setback in order to make the drive and parking spaces work in the development.

Commissioner Michael Monroe commended everyone that worked on the project for the job well done. He disagreed with Commissioner Karl Kohlhoff because he thought it was nice to not see 400 parking spaces before he noticed the buildings. He thought the corner was going to be wonderful and appreciated the hard work that had gone into the development.

Mr. Pew clarified that the water feature was only included on that plan for the purpose of justifying the deviation from the landscape requirements. He stated that it was not intended to set precedence for water features on the other commercial corners within the Spectrum development.

Chairman Joan Krueger opened the public hearing. She noted that David Prescott, 3101 N. Central Ave. #1000 was present but did not wish to speak. Seeing that no one else wanted to speak, she closed the public hearing and brought the discussion back to the Commission.

A motion was made by Commissioner Dan Dodge, seconded by Commissioner Karl Kohlhoff, to recommend approval of Z01-20, a third amendment to the Spectrum at Val Vista PAD, subject to the Staff stipulations as amended that evening.

Motion Carried 6-0.

Recommend approval of Z01-20, a third amendment to the Spectrum at Val Vista PAD, subject to the following conditions:

All of the conditions and requirements of Ordinance No. 1209 as amended by ordinance No. 1285 shall remain in full force and effect, unless otherwise amended by this Ordinance.

The underlying zoning designation for the parcels subject of this amendment shall be as follows:

Parcels 2, 10, 13, 14, 25, 29, and 30 shall be C-2 (General Commercial).

Parcel 5 shall be R1-6 (Single Family Residential).

Parcels 3, 11,12, 23 and 24 shall be R-4 (Multi-Family Residence)

Parcels 4 and 15 shall be R-2 (Duplex). Parcel 15 shall comply with the following development standards:

Parcel 15 Development Standards

Density (Gross):
6 du/ac.

Min. Lot Width
43â??/ unit lot

Min. Lot Depth
85â??

Minimum Lot Area
3,600/unit lot

Maximum Lot Coverage
2-story 50%

Maximum Number of Dwelling Units
178

Building Setbacks
Front: 10â??-20â?? *

Side: 10â??between buildings **

Rear: 10â?? measured to the patio column and 15â?? to the wall ***

Building Height (Max ft.)
30â?? max. Height

* 10â?? to wall plane of the house for side-entry garage units; 20â?? to front entry garages. Front setback measured from the back of the sidewalk.

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

*** All subdivided lots within parcel 15 shall provide adequate space to accommodate a minimum 6â?? x 10â??

(60 sq. ft.,) covered patio within the required setbacks.

Parcels 26-28 shall be I-1 (Garden Industry).

Parcel 31 shall be I-B (Industrial Buffer). The height of the industrial building/s shall be limited to 25â?? within 100â?? of the eastern boundary of the parcel.

Parcel 32 shall be R1-20. The height of the houses on lots situated to the northeast of the parcel (lots 23-25 of the conceptual preliminary plat) shall be single story.

The Engineering division, Fire Department, and the Traffic Engineer shall approve the final design and standards of the following roads:

The street running north-south between parcels 4, 12, and 14 shall be developed as a Residential Collector unless further studies at the time of platting of these parcels demonstrates otherwise.

The loop street and access roads that access parcels 25-28 shall be developed as an Industrial Collector;

The cul-de-sac providing access to parcels 30-32 shall be developed as a modified local industrial street with sidewalks on both sides;

The final design of the access road connecting the local industrial street to Willis Road south of parcel 32.

The water feature proposed at the southwest corner of Val Vista Drive and Williams Field Road shall be revised and approved by staff prior to issuance of any permits for any portion of the project. The design of the water feature shall provide a continuous fall on both sides of the identification sign instead of the segmented scuppers.

Z02-22 â?? A request to remove Condition No. 3.p from Ordinance No. 706. for Sunrise Business Park. Said condition requires on-site construction to commence prior to March 15, 1995, or the zoning shall revert back to the prior zoning classification of Agricultural. This is an 11.2-acre site located at the northwest corner of Elliot Road and McQueen Road.

Planner Jill Johanneck informed the Commission that Z02-22 was a request to remove Condition No. 3.p from Ordinance No. 706. for Sunrise Business Park. She noted that the condition required on-site construction to commence prior to March 15, 1995, or the zoning shall revert back to the prior zoning classification of Agricultural. This is an 11.2-acre site located at the northwest corner of Elliot Road and McQueen Road. She explained that the stipulation was included originally in the Ordinance No. 428 back in 1984. She pointed out that the stipulation applied only to the commercial portion of the property, which is Parcel 3. She referred to the visual aid in the Commissionâ??s packet that outlined the parcel. The stipulation read that if the property wasnâ??t developed in a certain amount of time, the zoning would revert back to the original zoning, Agricultural. She commented that the applicant was coming forward to develop the property and was requesting that that the stipulation be removed. She recommended that the Commission recommend the removal of stipulation from Section 1, subparagraph 3p, Ordinance No. 706.

Commissioner Michael Monroe welcomed Ms. Johanneck to the Staff and thanked her for her 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 Michael Monroe, seconded by Alternate Commissioner Jayne Abraham, to recommend the removal of stipulation from Section 1, subparagraph 3p, Ordinance No. 706 for Sunrise Business Park.

Motion Carried 7-0.

GP02-10 â??Discussion of the status and activities related to the annual update of the Gilbert General Plan and consideration of public input.

Senior Planner Robert Pazera informed the Commission that GP02-10 was the discussion of the status and activities related to the annual update of the Gilbert General Plan and consideration of public input. He announced that they had their first meeting that evening which was well attended. He noted that they had begun their public involvement process with announcements posted on the Townâ??s website and a feature article in the Your Town, which was mailed to Gilbert residents. He explained that Staff would propose modifications to the text to reflect the ULDC update, agency input and development trends. The General Plan maps would be modified accordingly. He stated that what the voters approved in 2001 was still intact and there would not be any major changes to the General Plan. He notified the Commission that they would be brining the item back for their review on October 2 for addition discussion and public input. In addition, there would be public hearings held in October and November and involvement with the Congress of Neighborhoods. He commented that they anticipated adoption by the Town Council in December 2002.

Commissioner Michael Monroe asked if Mr. Pazera would be taking the lead for any changes to the General Plan.

Mr. Pazera replied that it would be more of an interdepartmental effort, rather than led by one individual, like it was done in the past.

Chairman Joan Krueger opened the public hearing and asked if anyone would like to come forward. Seeing no one, she closed the public hearing.

COMMUNICATIONS

Report from the Chairman on current events.

Chairman Joan Krueger announced that there was a conference coming up the following week in Page. She stated that she would be able to participate on the panel discussion on how to successfully pass a General Plan update. She invited the Commission members to forward their comments to her if they wanted their ideas to be heard in the panel.

Chairman Joan Krueger noted that she would be on a steering committee for the DAT (Design Assistance Team) for the Heritage Redevelopment District. She commented that she would be making a presentation the following week that would represent the Planning and Zoning Commission ideas. She asked the Commission members to forward their vision, thoughts and concerns to her regarding this issue.

Planning Director Jerry Swanson reminded the Commission that if anyone wanted to speak under the Report from the Chairman, it was now legal to do this. No one added to the report.

Subcommittee Reports

There was not a report given.

Report from the Planning Director

Planning Director Jerry Swanson mentioned the Design Assistance Team meeting on September 30 at 5:30 P.M. He invited the Commission to join the meeting. He noted that there would be ideas from a variety of people that would speak and that it would be a good meeting to attend.

Mr. Swanson reminded the Commission that on Tuesday, September 24 there would be a special meeting and workshop by the Town Council where they would discuss the sign code. In addition, there would be a lot of items that were continued from the previous Town Council meeting.

ADJOURN REGULAR MEETING

Chairman Joan Krueger adjourned the meeting at 7:05 P.M.

ATTEST:

Recorder Trasie Johns

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