Posted by TOWN OF GILBERT PLANNING AND ZONING COMMISSION, REGULAR MEETING
GILBERT MUNICIPAL CENTER, 1025 S. GILBERT ROAD, GILBERT ARIZONA
FEBRUARY 4, 2004
COMMISSION PRESENT: Chairman Brigette Peterson, Vice Chairman Michael Monroe, Commissioner Karl Kohlhoff, Commissioner Dan Dodge, Commissioner Joan Krueger, Commissioner James Beene, Commissioner Shane Leonard, Alternate Commissioner Scott Simas
STAFF PRESENT: Planning Director Jerry Swanson, Planning Manager Linda Edwards, Planning Manager Maria Cadavid, Senior Planner Jim Cronk,
Senior Planner Joseph Moon, Planner Dayna Bedney, Planner Matt Everling
ALSO PRESENT: Town Attorney Phyllis New, Councilmember Don Skousen, Town Traffic Engineer Bruce Ward, Recorder Trasie Johns
PLANNER CASE PAGE VOTE
Mr. Cronk UP03 - 22 2 Continued
Mr. Moon Z03 - 13 2 Continued
Mr. Moon GP03 - 2 2 Continued
Mr. Sanks UP03 - 16 3 Approved
Mr. Everling S03 - 13 4 Approved
Ms. Bedney UP03 - 20 6 Approved
Mr. Moon S587 8 Approved
Mr. Cronk Z03 - 42 9 Denied
Mr. Cronk S03 - 2 14 Approved
Ms. Edwards GP03 - 7 17 Approved
Ms. Edwards Z03 - 25 17 Approved
< - - - > = deleted text bold = added text
in stipulations
CALL TO ORDER:
Chairman Brigette Peterson called the meeting to order at 6:07 P.M.
ROLL CALL
Ms. Johns called roll and a quorum was determined to be present.
APPROVAL OF AGENDA
Chairman Brigette Peterson requested a motion to approve the agenda.
A motion was made by Commissioner Dan Dodge, seconded by Commissioner Joan Krueger, to approve the agenda, moving items 5 & 6 (GP03 - 2 & Z03 - 13) to be heard after item one.
Motion Carried 7 - 0.
COMMUNICATIONS FROM CITIZENS
Chairman Brigette Peterson announced that members of the public could comment on items not on the agenda. She stated that the Commission’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 HEARINGS
UP03 - 22 - Approval of a Use Permit to allow a helipad on a proposed medical campus on the southwest corner of Power Road and Galveston Street. Jim Cronk 503 - 6815 Staff is requesting continuance to March 3, 2004.
Senior Planner Jim Cronk informed the Commission that since the original neighborhood meeting was held for this property about fifty homes had been sold in the subdivision a quarter mile to the west of the proposed location. Therefore, the Staff was requesting a continuance so they could have another neighborhood meeting which had been scheduled for February 23 at the library.
Chairman Brigette Peterson 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 Shane Leonard, seconded by Commissioner Dan Dodge, to continue UP03 - 2 to the next Planning and Zoning Commission meeting on March 3, 2004.
Motion Carried 7 - 0.
GP03 - 2 - Minor General Plan amendment to amend the General Plan Land Use category for up to approximately 38 acres from (LI) Light Industrial to (GC) General Commercial or (RC) Regional Commercial in a configuration deemed appropriate by the Planning Commission for property located west of the southwest corner of Cooper and Baseline Roads. Joseph Moon 503 - 6748
Z03 - 13 - Rezone up to approximately 38 acres of land zoned (AG) Agricultural to (C - 2) General Commercial, (I - 1) Garden Industry in a configuration deemed appropriate by the Planning Commission for property located west of the southwest corner of Cooper and Baseline Roads. Joseph Moon 503 - 6748
Planning Manager Linda Edwards informed the Commission that they were working on a complicated project and had met recently with the land owners. She stated that they believed it was in everyone’s interest to bring in neighboring properties to come forward with a full site plan for all the remaining industrial area. She recommended continuance of GP03 - 2 and Z03 - 13.
Commissioner Karl Kohlhoff reminded the Commission of when the whole corner was designated as Industrial. Then the Circle K and other retail stores were placed on the corner, providing a change in the area from the time he started on the Commission to where they were today. He asked if that was part of the complexity of the item.
Ms. Edwards explained that they were attempting to find an appropriate mix of land use other than Industrial. She added that it may include General Commercial. She stated that they would be bringing the area up for the Commission’s review in the future.
Commissioner Dan Dodge questioned if they should table the item or continue it to a specific date.
Planning Director Jerry Swanson replied that if the item was tabled, they would need a motion to remove it from the table before they could hear it again. He recommended that they continue the item indefinitely.
Chairman Brigette Peterson 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 Dan Dodge, seconded by Commissioner Joan Krueger, to continue GP03 - 2 and Z03 - 13.
Motion Carried 7 - 0.
UP03 - 16 - Use Permit to allow vehicle sales for Thrifty Auto Sales. The subject site is zoned C - 2 (General Commercial) and is located north of the northeast corner of Arizona Avenue and Guadalupe Road. Jason Sanks 503 - 6805
Planning Manager Linda Edwards informed the Commission that she was covering for Jason Sanks who had been working on the project and wrote the staff report. She used the visual aid to point out the surrounding area.
Ms. Edwards explained that since the proposed project was an auto use it required a Use Permit. She reviewed the findings required for approval of a Use Permit. The subject site was located within a General Commercial (GC) land use area of the General Plan. She noted that the use existing at this site with C - 2 zoning met the described uses of the GC recommended land use. She stated that this proposal was in conformance with the intent and policies of the General Plan.
Regarding adequate ingress and egress, Ms. Edwards pointed out that the site had two access points from Arizona Avenue, which was appropriate. She provided a visual aid of the elevations to discuss the screening and buffering. She noted that the bay doors faced east, away from Arizona Avenue. No screening was required in this area since they face east towards another commercial parcel. As with other auto dealerships, screen walls were not required to screen the vehicle display areas in front of the sales building. There was a requirement for a three foot screening wall for areas where the parking is for the use, such as employee and visitor. There are also rolling gates to secure the facility and were not proposing any walls for the perimeter of the project.
Ms. Edwards mentioned that no signage was being proposed and would be reviewed by the Design Review Board in the future. The auto dealership was open from 8:00am to 9:00pm.
Ms. Edwards stated that the proposed project was in compliance with the Town standards and requirements. She concluded her presentation by recommending approval of the project and asked for questions.
Commissioner Shane Leonard asked if the hours of operation were the same for the service center.
Ms. Edwards deferred the question to the applicant.
Commissioner Shane Leonard questioned if there was any time limit considered for the Use Permit.
Ms. Edwards replied that they didn’t impose a time limit unless they felt it was necessary. Without the condition, she noted that there would not be a time limit.
Chairman Brigette Peterson requested that the applicant come forward if they wanted to make a presentation.
Ilan Baldinger, 1524 E. Caroline Ln., Tempe came forward. He stated that the service area would be open from 8:00 A.M. to 6:00 P.M., Monday through Friday.
Chairman Brigette Peterson 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 Dan Dodge commented that he felt it was a good use since it was adjacent to a use that was similar.
A motion was made by Commissioner Karl Kohlhoff, seconded by Commissioner James Beene, to approve UP03 - 16, subject to one condition.
Motion Carried 7 - 0.
Approval of UP03 - 16, Use Permit to allow auto sales for the proposed Thrifty Auto Sales dealership, located north of the northeast corner of Arizona Avenue and Guadalupe Road, subject to the following condition:
1. Construction of the project shall conform to Exhibits 2 and 3 as approved by the Planning and Zoning Commission at the February 4, 2004 public hearing.
S03 - 13 - Preliminary plat review for Trilogy Unit 7 within the Power Ranch Planned Area Development consisting of approximately 94 acres of R1 - 5 single family detached (R - LMDR) and (R - MDR). Matt Everling 503 - 6746
Planner Matt Everling informed the Commission that S03 - 13 was a request for a preliminary plat review for Trilogy Unit 7 within the Power Ranch Planned Area Development consisting of approximately 94 acres of R1 - 5 single family detached (R - LMDR) and (R - MDR). He used a visual aid to highlight Unit 7 and reviewed the area surrounding the site:
Land Use Category Existing Zoning Existing Use
North R - LMDR (Retirement Low - Medium Density Residential/Golf Course Single family residential (R1 - 5) with a PAD overlay Vacant
South Town of Queen Creek Open Space Sanoqui Wash
East R - LMDR (Retirement Low - Medium Density Residential/Golf Course Single family residential (R1 - 5) with a PAD overlay Vacant
West Residential (3Ǒ - 5du/ac) Single family residential (R1 - 10) Vacant
On - Site R - LMDR (Retirement Low - Medium Density Residential Single family residential (R1 - 5) with a PAD overlay Vacant
Mr. Everling explained that the plat would be designed in three different phases. He pointed out the different phases (A,B and C) on the visual aid. Trilogy Unit 7 illustrated a residential subdivision within the Trilogy retirement community with a proposed overall density of 3ሥ dwelling units per acre, which was acceptable under the Power Ranch Development Plan.
Mr. Everling explained that the first phase consisted of approximately 174 lots, or 54% of the plat with the R - LMDR (Retirement - Low - Medium Density Residential) designation. Phases two and three will consist of approximately 149 lots, or 46% of the plat with the R - MDR (Retirement - Medium Density Residential) land use designation. The minimum lot size for both land use designations per the Power Ranch Development Plan is 4,500 square feet. However, the lots in all three phases will maintain a minimum size of 5,150 square feet.
Mr. Everling pointed out that Unit 7 was connected to other parcels within Trilogy via residential collector streets. The new 93Ǔ - acre plat will have a single entrance off Recker Road along the western boundary of the plat. Looped and curvilinear local private street designs, including one (1) cul - de - sac, provide functionality and visual appeal.
Mr. Everling commented that the Design Review Board approved the open space plan for Unit 7 on January 15, 2004. As proposed, Unit 7 will contain approximately 21 landscape tracts, which comprise of approximately 30ማ acres. The proposed open space was distributed as portions of the existing golf course, landscape tracts along the side yards of lots siding onto local private streets, along collector streets, as landscaped entry areas, as landscaped planting areas within cul - de - sacs, and as landscaped pedestrian connections to larger open space tracts.
Mr. Everling stated that no input has been received by the public regarding this request. He recommended approval and concluded his presentation.
Commissioner Shane Leonard referred to the street that bisects the different phases that ran east/west and questioned whether it would intersect with a future road.
Mr. Everling responded that the road would connect with the remainder of Trilogy. He used the visual aid to point out where the road would connect.
Commissioner Shane Leonard was concerned about the long straight road and felt that it could need some traffic calming devises. He questioned what was happening with the Sanokee Wash since they were building homes adjacent to an unimproved flood plane. He was concerned that there was a subdivision being built right next to a wash.
Mr. Everling deferred the question to the applicant.
Commissioner Karl Kohlhoff commented that the community was gated and the streets were private.
Chairman Brigette Peterson requested that the applicant come forward if they wanted to make a presentation.
Joan Scarbrough, 4737 E. Queen Creek Road, Gilbert, with SheaComm/Sunpower LLC came forward. She stated that they had been working with Maricopa County Flood Control District regarding the Sanokee Wash for the past year. She explained that they had raised the elevation of the lots in the vicinity of the wash, based on a plan that was reviewed and approved by the Town of Gilbert and Maricopa County. She indicated that they had incorporated the necessary clear zone and the future right of way for the wash.
Commissioner Shane Leonard asked what the plan was for the water in the wash.
Ms. Scarbrough replied that the plan for the flows for the wash would be directed to the east. She stated that their engineer had been working with the consultant for Maricopa County Flood Control and had been blending their reports so that it corresponded exactly to the Maricopa County Flood Control reports. She addressed the comment regarding the straight roads. She noted that the constraints (Sanokee Wash and golf course) had required them to have the straight road.
Commissioner Karl Kohlhoff had the same concern as Commissioner Shane Leonard about the Sanokee Wash and how the flow of the water might overflow past their development if it wasn’t taken care of properly.
Chairman Brigette Peterson 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 Dan Dodge commented that they were asked to approve a plat and the only copy of the plat they received in their packet was very small which made it very difficult to review the plat.
A motion was made by Commissioner James Beene, seconded by Commissioner Dan Dodge, to approve S03 - 13, the Preliminary Plat for Unit 7 within the Power Ranch Master Planned Community, subject to conditions.
Motion Carried 7 - 0.
1. The Final Plat shall conform to Exhibit 2 as approved by the Commission on February 4, 2004.
2. The landscaping improvement plans for Trilogy Unit 7 shall conform to Exhibit 3, Preliminary Landscape Plan.
UP03 - 20 - Approval of a Use Permit to allow major automotive service on an approximate 2 acre site in a C - 2 zoning district north of the northeast corner of McQueen and Guadalupe Roads. Dayna Bedney 503 - 6838
Planner Dayna Bedney informed the Commission that UP03 - 20 was a request for approval of a Use Permit to allow major automotive service on an approximate 2 acre site in a C - 2 zoning district north of the northeast corner of McQueen and Guadalupe Roads. She noted that public notification was mailed out on January 14 and Staff had received one opposition to the project. The person was apposed to design issues. He was notified that the Design Review Board would hear the case on February 12.
Ms. Bedney indicated that the site comprised of two acres which would be required to be tied together via a replat prior to the issuance of any permits. The proposed auto repair facility was located in a General Commercial and Industrial area. The use was consistent with the uses in the area and was appropriate considering the intense uses allowed in the C - 2 and Industrial zoning districts.
Ms. Bedney explained that Use Permits adhere to three findings that must be met in order for the Planning and Zoning Commission to grant the Use Permit. She outlined the three findings. The subject site was located within a Light Industrial (LI) land use area of the General Plan. The uses proposed in this industrial park zoned C - 2 with a PAD overlay, met the described uses of the LI area. She stated that Staff believed that this proposal was in conformance with the intent and policies of the General Plan.
Ms. Bedney stated that the project based on compatibility standards did meet all six of the standards. She referred to adequate ingress and egress and pointed out on the visual aid that there were two points of access to the site. One point of access was from west of the project site off of McQueen Road and the other was from east of the site off of North Bay Drive. Drive aisle widths and turning radii meet ULDC requirements. Off street parking was consistent with the ULDC requirements. There were no outstanding issues regarding utility services. Screening and buffering was consistent with the ULDC requirements. There was a 3′ - 4″ tall screen wall which will be constructed in the landscape easement to screen the proposed parking lot. As required by the ULDC, the site will also have a landscaped planter around the perimeter of the site. All outdoor storage areas for materials, trash, equipment, and vehicles will be screened from public view with a 6 - foot tall block wall. A 6 - foot tall block wall will be built along the east property line. Three rolling gates will secure the back half of the parking lot after hours. Bay doors do not face McQueen and are screened from the local industrial street by a 6′ wall. Signage and lighting would be reviewed at the Design Review meeting. The hours of operation will be from 7am to 7pm. The project must also comply with the approved construction noise ordinance, which limits hours of certain construction activities.
Ms. Bedney noted that the project met the last finding; The Project is in conformance with the conditions, requirements or standards prescribed by this Code or higher authority. She concluded that the proposed project was in compliance with all Town standards and requirements.
Ms. Bedney recommended approval of UP03 - 20 subject to conditions.
Commissioner Karl Kohlhoff announced that the El Dorado Lakes Golf Club community Homeowners Association received the letter about the project and was in support of the project with the hours of operation from 7am to 7pm.
Commissioner Dan Dodge referred to the condition that required the project to conform to Exhibit one and questioned if it was supposed to state Exhibit two.
Ms. Bedney replied that he was correct; it needed to conform to Exhibit two.
Commissioner Shane Leonard referred to the off street parking in the staff report that stated that it needed to have 77 spaces and the site had 70 spaces. He asked if the numbers were inverted.
Ms. Bedney relied that he was correct; the site had 77 spaces where only 70 were required.
Chairman Brigette Peterson requested that the applicant come forward if they wanted to make a presentation. No one came forward.
Chairman Brigette Peterson 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 Dan Dodge, seconded by Commissioner Joan Krueger, to approve UP03 - 20, subject to conditions, with condition one amended to state Exhibit 2, striking Exhibit 1.
Motion Carried 7 - 0.
Staff recommends approval of UP03 - 20, a request to approve a Use Permit for the construction of a new 21,099 square - foot major auto repair facility, located north of the northeast corner of McQueen & Guadalupe Roads in the Fiesta Ranch Commerce Park, subject to the following conditions:
1. The project must conform to Exhibit 2 approved by the Planning and Zoning Commission on February 4, 2004.
2. Prior to issuance of any permits, a replat will be required to eliminate the property line between Lots 27 & 28.
At 6:45 P.M. Chairman Brigette Peterson called for a five minute recess and dismissed herself for the evening.
At 6:55 P.M., Vice Chairman Michael Monroe reconvened the meeting. Alternate Commissioner Scott Simas joined the Commission at the Dias.
Vice Chairman Michael Monroe announced that the last item on the agenda, the Sign Code Amendment, was noticed in the paper as being on the Public Hearing but was actually an Administrative Item. He announced that it would be on the Public Hearing at the next meeting in March.
S587 - Preliminary plat review for Twin Fields Phase 1, approximately 153 acres consisting of a Planned Area Development with approximately 44 acres of multi - family (R - 4 and R - CH), 19 acres of R1 - 10, 25 acres of R1 - 8, 24 acres of R1 - 7, and 44 acres of R1 - 6 Single - Family Residential Zoning. Joseph Moon 503 - 6748
Senior Planner Joseph Moon informed the Commission that S587 was a request for approval of a preliminary plat review for Twin Fields Phase 1, approximately 153 acres consisting of a Planned Area Development with approximately 44 acres of multi - family (R - 4 and R - CH), 19 acres of R1 - 10, 25 acres of R1 - 8, 24 acres of R1 - 7, and 44 acres of R1 - 6 Single - Family Residential Zoning. He used the visual aid to point out the surrounding area:
Direction General Plan Land Use Existing Zoning
North PF/I, Residential > 2 - 3Ǒ DU/Acre R1 - 7, C - 1, PF/OS across Williams Field Road
South Residential > 0 - 1 DU/Acre R - 43
East Residential > 1 - 2 DU/Acre R1 - 20, R1 - 35
West U/TR, Residential > 1 - 2 DU/Acre Santan Freeway, then C - 2
On Site Residential > 1 - 2, Residential > 2 - 3Ǒ, Residential > 3Ǒ - 5 DU/Acre, Residential > 14 - 25 DU/Acre R - 43
Mr. Moon described the site plan as having gone through several staff reviews and staff was pleased with the overall proposal. He pointed out that the larger R1 - 10 lots were oriented adjacent to the R1 - 35 Chaparral Estates lots and the one acre lots that were on the south side of Frye Road. These lots have an open space buffer between the Twin Fields projects and the County property to the south. The overall development included approximately 347 single family dwelling units on 109 acres at a density of 3ሉ dwelling units per acre.
Mr. Moon mentioned that the future Santan Freeway would be along the western border of the site, therefore portions of the site would be impacted by noise from the freeway. Staff had included in the previously approved zoning case that the project must meet the requirements of the Town of Gilbert Ordinance regarding freeway noise.
Mr. Moon discussed the open space. He pointed out that the open space for Twin Fields had been designed around the neighborhoods to enhance the quality of life for the residents and ensure that recreational and leisure activities are accessible. There was approximately 16ቃ acres of active and passive recreation space with 15Ǐ% of the total residential development area composed of parks, landscape tracts and trails. 80% of this area was reserved for active recreation including a centrally located 5 - acre community park and trails that surround the single - family homes and border the multi - family areas. The community park was connected with the entire community through multi - use trails and landscape tracts that meander through the neighborhood. It was centrally located along the collector street and contains a large tot lot, a multi - use soccer and baseball field, volleyball and basketball courts, and a large ramada with picnic tables and barbecues. This park will serve as the main community gathering space, and allow all residents the occasion to meet each other and create strong community ties.
Mr. Moon stated that the plat was noticed properly and staff had not received any comments regarding the project. He recommended approval of S587, the preliminary plat for Twin Fields Phase 1, subject to conditions.
Commissioner Shane Leonard questioned what the status was for the property acquisition for the Frye Road alignment.
Mr. Moon replied that the Public Works Department was actively working with property owners of the two out parcels to acquire the right - of - way so that once the project was developed, Frye Road could be developed to Town standards to Greenfield Road.
Commissioner Shane Leonard was concerned that they were already at the preliminary plat phase of the project and they had not yet acquired the property for road improvements that they would be required to do. He asked if they knew what the timeline was for this acquisition.
Mr. Moon responded that he didn’t know the timeline but that the Town had been in negotiations with the property owners.
Vice Chairman Michael Monroe requested that the applicant come forward if they wanted to make a presentation. No one came forward.
Vice Chairman Michael Monroe opened the public hearing and asked if anyone wanted to speak on the item. Seeing no one, he brought the item back to the Commission for discussion and action.
A motion was made by Commissioner Joan Krueger, seconded by Alternate Commissioner Scott Simas, to approve S587 subject to Staff stipulations.
Motion Carried 7 - 0.
Approval of S587, the preliminary plat for Twin Fields, subject to conditions:
1. The preliminary plat shall comply with the approved Open Space/Landscape Plan by the Design Review Board on December 11, 2003 and shall conform to the Preliminary Plat exhibits presented to the Planning Commission at the February 4, 2004 public hearing
Z03 - 42 - Rezone 3ቆ acres from I - B Industrial Buffer to I - 2 Light Industrial, located south of Obispo Avenue and ¼ mile east of Arizona Avenue. Jim Cronk 503 - 6815
Senior Planner Jim Cronk informed the Commission that Z03 - 42 was a request to rezone 3ቆ acres from I - B Industrial Buffer to I - 2 Light Industrial, located south of Obispo Avenue and ¼ mile east of Arizona Avenue. He used the visual aid to point out where the site was located and discussed the surrounding area:
Surrounding Land General Plan Zoning Use
North BP, Business Park I - 1 Garden Industrial Industrial Use
South Maricopa Co. residential AG - 1 Residential
East BP, Business Park I - 2 Light Industrial Industrial use
West BP, Business Park I - B Industrial Buffer Vacant (Owned by Post Office)
Site BP, Business Park I - B Industrial Buffer Vacant
Mr. Cronk noted that this property was zoned I - B in 1987 as part of the then Continental Tech Center PAD. The applicant owned the developed 7ሇ acre site to the east that had I - 2 zoning designation. They wish to buy this 3ቆ acre site and expand their industrial warehouse building. This would add approximately 66,500 sq. ft. to their existing 118,100 sq. ft.
Mr. Cronk discussed the differences between the I - B zone and the I - 2 zone. He explained that the I - B allowed industrial uses but required half of all building space be used for office or research uses. I - 2 allowed heavier industrial uses such as: auto service, manufacturing and outdoor storage. He reviewed the table that was listed in the staff report:
Zone Rear Setback (min.) Front Setback (min.) Height (max.)
I - B 15ft. 35 ft. 30 ft.
I - 2 100 ft. 25 ft. none
The I - 2 zoning required a much greater setback from residential uses. The applicant had not asked for any reduction in the 100 foot setback as that was what they provided with their existing building just to the east which also backs up to residential uses. They would also extend the 8 foot high screen wall along their south property line to buffer the homes. The height of the new building would match the 40 foot height of their existing building. He used the visual aid of the current building to point out the requested addition in the project. The approval of this request will not create a spot zoning condition as the property immediately to the east is zoned and developed as I - 2.
Mr. Cronk stated that the property was listed as Business Park in the General Plan. He pointed out that there was currently a mixture of three industrial zones within the El Dorado Tech Center. Their will be little if any impact of this request on other sites within the center. The impact to the residential area to the south can be mitigated by the required 100 foot building set back and the construction of an 8 foot screen wall.
Mr. Cronk announced that Staff recommended approval of Z03 - 42. He explained that he had been informed by legal council that since it was a straight zoning and not a PAD zoning request they couldn’t attach any conditions. He recommended that they delete condition one in their recommendation of approval of the project.
Commissioner Karl Kohlhoff questioned what types of uses were allowed in the I - B zoning district when the parcel was originally zoned in 1987.
Mr. Cronk replied that he had not researched the original Ordinance to determine what the different uses that could have been in the I - B district.
Alternate Commissioner Scott Simas questioned what the lot coverage was on the new building.
Mr. Cronk responded that he thought it was 50% lot coverage.
Paul Schifman, 2708 N. 68th St. Suite 1, Scottsdale with Zimmerman Inv. came forward. He stated that he didn’t have anything to add but was available for questions.
Commissioner Dan Dodge asked what the proposed use for the lot would be.
Mr. Schifman was not sure who the user would be, but that it would match the existing facility adjacent to the property.
Commissioner Shane Leonard commented that the staff report indicated that they would be looking at a 40′ height to match the existing building. He questioned whether the applicant planned to go over the 40′ height.
Mr. Schifman replied that they did not plan to go over 40′ in height on the building.
Mr. Cronk stated that he had failed to mention that since he wrote the staff report he had received two phone calls from adjacent owners to the south who were present that evening.
Vice Chairman Michael Monroe opened the public hearing.
Scott Sather, 396 E. Tremaine, Chandler came forward. He pointed out where he lived on the visual aid which was directly south of the project. He explained that when the industrial building directly behind him, Papa Johns, was approved he was informed that they would have normal business hours with a locked gate to get into the back of the project. He stated that the current occupants were there 24 hours a day with loud refrigerated vans. He added that there was too much noise and light in order for him to sleep with the windows open. He explained that he had complained to the management about the noise, which usually helped for a short amount of time. He was opposed to any more industrial projects with 40′ high buildings.
Commissioner Karl Kohlhoff asked if it would help if the loading docks were in the side and not in the back of the building.
Mr. Sather replied that it would help tremendously if the doors were on the north side of the building.
Commissioner Karl Kohlhoff asked if the railroad woke him up every morning when they blow their whistle.
Mr. Sather responded that he was not awakened by the train.
Commissioner Dan Dodge commented that no one on the Commission wanted to allow a use that would directly impact a residential neighborhood. However, he noted that this was located in an industrial park. He recommended that if Mr. Sather was having issues with noise and light that he contact the Code Compliance department. He explained that Gilbert had regulations that stated how much light was allowed to shed into adjacent properties. In addition, there were codes that regulated the noise allowed on a property.
Alternate Commissioner Scott Simas agreed with Commissioner Dan Dodge. He commented that the property was currently zoned I - B with only a 15′ setback. He questioned whether Mr. Sather would prefer to have the building located 15′ from the property line with a 30′ height requirement, or a building placed 100′ away with a 40′ height requirement.
Mr. Sather replied that they were originally informed that they would have a greenbelt in that area. He added that he didn’t want either buildings located next to his property.
Mike Higbee, 276 E. Tremaine, Chandler came forward. He pointed out his home on the visual aid which was also located adjacent to the proposed property. He explained that he built his home in 1967 and raised his children in that home. He described what the area looked like when he built his home, prior to the industrial park being built. He was opposed to changing the zoning. He explained that this would negatively affect his property value and quality of life for his family. He described how noisy and bright the Papa Johns building was that was located next to his property.
Paul Stears, 3715 N. Nevada, Chandler came forward. He pointed out his home on the visual aid, which was located a few homes south of the project. He agreed that Papa Johns was a bad neighbor and was constantly making unnecessary noise. He pointed out the other industrial properties that were located on the other side of his property and indicated that he didn’t get near the noise from these businesses as they do from Papa Johns. He stated that he when a building was 40′ high, it didn’t matter whether the building was 15′ or 100′ away. He added that the railroad that was next to his property was a spur line that was only used about twice a week. He was opposed to the change in zoning.
Vice Chairman Michael Monroe asked if anyone else wanted to speak on the item. Seeing no one, he closed the public hearing and brought the item back to the Commission for discussion.
Commissioner Joan Krueger commented that although the gentlemen who spoke were not Gilbert residents and didn’t have any participation in the voting of the General Plan they were still their neighbors. She hoped that someone would follow up with Papa Johns to ensure that they adhere to the guidelines. She was concerned about the I - 2 zoning district not having a height limitation.
Commissioner Dan Dodge referred to Exhibit 3 in the report and questioned if the applicant was proposing a building addition to the existing building.
Mr. Cronk replied that he was correct, the applicant was intending to add on to the building and was not sure what tenants would be located in the building.
Commissioner Dan Dodge questioned if they were to create a single use out of two adjacent properties they would be required to do a plat amendment removing the property line between the two lots.
Mr. Cronk responded that they would need to have a replat to eliminate the property line between the two properties.
Commissioner Dan Dodge questioned if they had a height limitation on the I - 2 zoning district.
Mr. Cronk replied that in the current ULDC there was not a height limit.
Planning Director Jerry Swanson advised that there would be a height limitation in the new ULDC for I - 2.
Commissioner Shane Leonard questioned if the proposed building would be able to be constructed with the existing zoning.
Mr. Cronk replied that if the applicant were to build on the property without rezoning, 50% of the use would have to be office uses.
Commissioner Shane Leonard questioned if they could limit the height as a condition of the zoning.
Mr. Cronk replied that since it was straight zoning and not a PAD they could not impose any changes to the ULDC code.
Commissioner Shane Leonard was concerned about approving the case without an acknowledgement that the height would be limited.
Commissioner Karl Kohlhoff explained that in his history on the Commission where there was one kind of land use adjacent to another kind of land use, they provided buffering to ease the impact of the different uses. He commented that he would like to impose a condition that required that the 100′ be filled with landscaping without any use being allowed. In addition, he would like to see the loading docks out front and not in the back. He stated that the Design Review Board usually required the building to be placed close to the street with the parking in back. He announced that he was opposed to the request.
Alternate Commissioner Scott Simas questioned what the hours of operation and lighting requirements were allowed in the I - 2 zoning district. He asked if Papa Johns was in violation of the requirements of the I - 2 zoning.
Mr. Cronk replied that he didn’t check the current use on the adjoining property for code violation issues.
Alternate Commissioner Scott Simas announced that he did not support the proposal.
Planning Director Jerry Swanson informed the Commission that there were not any limits on hours of operation in the I - 2 or the I - B zoning districts. He explained that there were limitation in the light and glare ordinance on the amount of light trespass that was allowed. He announced that the staff would notify the Code Compliance Department about the complaint the next day.
Vice Chairman Michael Monroe questioned whether they could address the noise as well.
Planning Director Jerry Swanson was not sure about noise since it was a municipal code requirement and not a zoning code. He explained that they would have to look it up and notify the Code Compliance of this issue as well.
Vice Chairman Michael Monroe commented that in working in the architectural field he understood why the applicant was wanted to change the zoning to I - 2. He felt that they most likely didn’t want the height restriction. He wasn’t sure how he was going to vote, since the adjoining properties and properties across the street were I - 2 and it was located in an industrial park.
Commissioner Dan Dodge commented that they needed to be careful to separate the issues. He reminded the Commission that they were being asked whether I - 2 was an appropriate use in the industrial park. He thought the issues that had arisen out of the case were related to code compliance and municipal ordinance compliance, which were either code enforcement or police issues. He cautioned the Commission to not consider whether Papa Johns was a good neighbor, but if I - 2 was an appropriate use for the parcel. He felt that it was an appropriate use although he was not pleased with what appeared to be not complete clarity by the applicant and issues with the adjacent property. He asked the Commission if they felt that I - 2 was an appropriate use.
Commissioner Joan Krueger responded that she understood Commissioner Dan Dodge’s perspective, but she felt that they needed to consider in the zoning case the neighboring uses. She felt that office buildings would be a more appropriate use next to a residential development. She added that there was no way to add any restrictions to the height or what might be placed in this location.
Commissioner James Beene agreed with Commissioner Dan Dodge in that I - 2 would be a proper use. He empathized with the residents, but he felt that it was an appropriate use for the industrial park.
Commissioner Karl Kohlhoff pointed out that the parcel was zoned I - B in 1987 for a reason. He explained that this provided a buffer to the residential development. He added that if they rezoned the property to I - 2 they would be taking away any buffer.
Alternate Commissioner Scott Simas believed that this was not a proper use for the property because he would prefer to have a 15′ setback with a building requirement. Although the applicant had said they would build the building at 40′, there was no assurance of this.
Vice Chairman Michael Monroe noted that this development was predominately I - 2 and I - B. He felt that it would make sense for the property to be in harmony with the zoning to the east of the site which was I - 2. He questioned what the zoning was west of the parcel.
Mr. Cronk replied that the zoning west of the parcel was I - B. I - 1 was located across the street.
Alternate Commissioner Scott Simas stated that he felt the applicant wanted I - 2 so that they could have loading docks in the back of the building.
Vice Chairman Michael Monroe responded that I - B could still have the loading dock at the back and place all the office space at the front of the building.
Commissioner Dan Dodge questioned what the zoning was located further to the west.
Mr. Cronk responded that both properties to the west were I - B with commercial on the corner.
Commissioner Dan Dodge asked if the original zoning for the Papa Johns was originally I - B.
Mr. Cronk was not sure, but thought that the parcel was zoned I - 2 since there was a mixture of zoning in the industrial park.
Commissioner Dan Dodge stated that he was attempting to understand the intent of the original zoning back in 1987. He presumed that they had placed the I - B as the buffer to the residential property to the south. He agreed that I - 2 immediately adjacent to residential was not appropriate.
A motion was made by Commissioner Shane Leonard, seconded by Commissioner Joan Krueger, to deny Z03 - 42.
Motion Carried 5 - 2.
Ayes: Commissioner Karl Kohlhoff, Commissioner Dan Dodge, Commissioner Joan Krueger, Commissioner Shane Leonard, Alternate Commissioner Scott Simas
Nays: Vice Chairman Michael Monroe, Commissioner James Beene
S03 - 2 - Preliminary plat approval for Pecos Manor to create 222 single - family residential lots on 40 acres zoned R1 - 5 on the northwest corner of Pecos and Recker Roads. Jim Cronk 503 - 6815
Senior Planner Jim Cronk informed the Commission that S03 - 2 was a request for approval of a preliminary plat approval for Pecos Manor to create 222 single - family residential lots on 40 acres zoned R1 - 5 on the northwest corner of Pecos and Recker Roads. He noted that the property was recently annexed into Gilbert and rezoned to R1 - 5 Single - Family Residential with a PAD Overlay District. The property was in the Gateway Character Area and was being developed with a ŗ - pack” style lot layout as required in the PAD Ordinance approval.
Mr. Cronk reminded the Commission that included in their packet was a diagram of what the ŗ - pack” looked like. He used the visual aid to show that this resulted in a predetermined housing layout with three distinctly different garage placements and significantly reduces the impact of garages on the streetscape. This reduced impact was required by the General Plan and met the spirit of the Gateway Area Traditional Neighborhood Design Guidelines. The lot dimensions meet the requirements of the ULDC as modified by the PAD approval.
Mr. Cronk noted that the preliminary plat included 222 lots for a density of 5Ǒ units per acre, which was within the General Plan range for that area. He added that there were 5ሏ acres of open space included on the site. The Design Review Board approved the Open Space Plan last month. The Higley School District had an agreement with the developer to accommodate the students from this project.
Regarding public input, Mr. Cronk explained that during the annexation/rezoning process, staff received several calls from County residents to the west regarding the proposal. A meeting was held with the neighbors to discuss if the 8′ wall proposed by the developer adequately addresses their concerns. The developer agreed to paint the wall a color picked by the county residents and pipe the small canal that ran along the home owners back yards. These improvements are required in the ordinance approving the zoning for the site. He mentioned that the neighbors were generally supportive of the project with these agreements.
Mr. Cronk discussed the ULDC with regards to the project. The property was zoned R1 - 5 Single - Family with a PAD Overlay District. The PAD approval by Council, in Ordinance 1531, included modifications to the standard regulations to better accommodate the ŗ - pack” lot layout for this site. These included reducing the minimum lot size to 4,000 sq. ft. and changing the various set - back requirements due to the use - and - benefit easements that were necessary for the ŗ - pack” lot design. Lot sizes vary from 4,028 sq. ft to 4,380 sq. ft. All lots are 95 feet deep with 1/3 of the lot widths being 36′, 45Ǒ’ and 52Ǒ’ respectively. The zoning approval was conditioned upon use of the ŗ - pack” lot layout. He commented that the preliminary plat conformed to the R1 - 5 regulations as modified in the PAD approval.
Mr. Cronk reviewed the project as it relates to the Gateway Character Area. He explained that while the site did not meet the Guidelines recommendation for 50% of the lots having access from the rear, the ŗ - pack” design and other features were determined to meet many of the Guidelines and met the spirit of the Guidelines as a whole.
Mr. Cronk used the visual to discuss the access in the project. He pointed out that the main access to the site was from Pecos Road. A secondary access point is to the north through the William Lyon’s at Colley Station development to Fry Road. The internal road network was a grid system as recommended in the Guidelines. He reminded the Commission that at the Planning and Zoning Commission hearing on the rezoning they had concerns regarding the length of the east - west roads and possible speeding. He pointed out on the visual aid where the developer had added traffic calming features (chokers) to those streets near the park areas.
Mr. Cronk explained that during the Design Review Board hearing on the site they widened the width of the open space park connections and added shade area structures. In addition, they added to the pedestrian connectivity to the rest of the property surrounding it. He noted that the property would also have detached sidewalks.
Mr. Cronk concluded his presentation by stating that staff was recommending approval of S03 - 2, Preliminary Plat for Pecos Manor, subject to three conditions. He briefly reviewed the conditions and asked for questions.
Town Attorney Phillis New advised that they needed to make a few revisions to the conditions. She stated that they needed to delete condition one, since it was unnecessary. She recommended that the Commission substitute the language that “The final plat shall conform to Exhibit 2, presented to the Planning and Zoning Commission on February 4, 2004.” She added that they could also delete condition three.
Commissioner Dan Dodge asked if there were any other considerations given to slow traffic, such as raised pavement in between the choke points.
Mr. Cronk replied that the choke points were placed in the subdivision as a traffic calming device. He added that they would work with Public Works Department to see if in the road construction designs they wanted the cross walks slightly raised.
Commissioner Dan Dodge referred to Street F and stated that it was as long as the other. He asked if there were any methods anticipated for slowing traffic along that street.
Mr. Cronk responded that they did not see any choke points or other devises because there was very little pedestrian activity in that location. On the western north/south road the pavement section had a jog in it which offsets the pavement to allow parking for guests. He explained that in a lot of the 3 - pack homes, there was very limited parking on site, so they had designed that west side street to have a cutout to accommodate a number of on street parking. He added that on street parking tends to slow down the traffic.
Commissioner Dan Dodge liked the 3 - pack design and thought it was very appropriate for a higher density area. However, he didn’t like the street design.
Commissioner Joan Krueger agreed with Commissioner Dan Dodge in that she didn’t think that the street design was sufficient.
Commissioner Shane Leonard referred to the additional access onto Recker Road that they had requested and wondered if there was pedestrian access for students to the high school.
Mr. Cronk replied that they had four open space connections from the subdivision to Recker Road, all of which will have a trail within them.
Vice Chairman Michael Monroe requested that the applicant come forward if they wanted to make a presentation.
Ron Smith, 19012 E. Via De Palmas, Queen Creek came forward. He announced that he was representing Omega Management Service, Inc. and Miller Holdings, the property owner and developer. He thanked the staff for all the help on the project. He pointed out that there were six different floor plans for each unit, with four different elevations for each one of the floor plans. He noted that there would be a tremendous amount of variability within the streetscape. In terms of the chokers at the crosswalks, he explained that they would be using a decorative pavement to distinguish them and will be raising them in order to reduce speeding. He added that they would support placing chokers on the north/south streets. He thought it might be difficult to place chokers on the west side, but the east side could easily accommodate some chokers.
Commissioner Shane Leonard was concerned about the long linear streets. He added that the Commission approved of the product.
Mr. Smith replied that it was their understanding that part of the Neo - Traditional design philosophy was to have linear street layouts.
Vice Chairman Michael Monroe agreed with the applicant on his statement about Neo - Traditional design.
Vice Chairman Michael Monroe opened the public hearing and asked if anyone wanted to speak on the item. Seeing no one, he closed the public hearing and brought the item back to the Commission for discussion and action.
Commissioner Shane Leonard questioned if the public assess points along Recker Road would be part of a dedicated easement or open space. He referred to another case where people put up gates because they didn’t like the trail and was concerned about this happening again. He asked what a “use - and - benefit easement” was.
Mr. Cronk replied that the connection points were HOA properties. He pointed out the use - and - benefit easement on the visual aid and explained that on the side entry garages in order to pull the car into the garage they would need to pull into the other driveway. He explained that there were overlapping use rights in order to accommodate this.
Commissioner Karl Kohlhoff asked for clarification on the trails from the subdivision out to Recker Road if they were owned and maintained by the HOA and were not for public use.
Mr. Cronk replied that the trail belonged to the HOA.
Vice Chairman Michael Monroe noted that this item because it was in the Gateway Character Area did require 50% alley loaded garages. He didn’t want the case to be a precedence on any future cases that came before the Commission. He added that the developer had added an element of design, which staff felt was appropriate to negate the 50% alley access. He mentioned that in the future it would be nice to have a 24″x36″ print so that they could see the roadways better.
Planning Director Jerry Swanson apologized and stated that in the future the Commission would receive full size preliminary plat sheets.
A motion was made by Commissioner Shane Leonard, seconded by Alternate Commissioner Scott Simas, to approve S03 - 2, the Preliminary Plat for the Pecos Manor development with conditions, deleting condition one and adding the condition: “The final plat shall conform to Exhibit 2, presented to the Planning and Zoning Commission on February 4, 2004″, deleting condition three, adding the condition: “Street F shall include traffic calming devises as approved by staff”.
Motion Carried 7 - 0.
Staff recommends approval of S03 - 2, Preliminary Plat for Pecos Manor subject to the following conditions:
1. The final plat shall conform to Exhibit 2, presented to the Planning and Zoning Commission on February 4, 2004.
2. The final plat shall include the use - and - benefit easements needed for the ŗ - pack” lot layout design.
3. Street F shall include traffic calming devises as approved by staff.
GP03 - 7 - Minor General Plan amendment to change approximately 17 acres for the proposed Via Sorento residential development from Shopping Center (SC) to Residential >14 - 25 du/acre located west of the northwest corner of Juniper Avenue and Gilbert Road. Linda Edwards 503 - 6750
Z03 - 25 - Rezone approximately 17 acres for the proposed Via Sorento residential development from (PSC - 2) General Commercial zoning district to (R - 4) Multi - Family Residential with a PAD overlay district located west of the northwest corner of Juniper Avenue and Gilbert Road. Linda Edwards 503 - 6750
Planning Manager Linda Edwards informed the Commission that the project, Via Sorento, had been a real team effort. She explained that they had worked together with the applicant extensively to bring forward a great project. She used the visual aid to show where the project was located and discussed the surrounding area:
GP Land Use Category Existing Zoning Existing/Proposed Use
North Shopping Center (PSC - 2) Planned Shopping Center Albertson’s shopping center and vacant parcels
South Village Center, Heritage District Character Area (R - 4) Multi - family Residential Juniper Avenue, then Arbor Walk residential subdivision
East Shopping Center (C - 1) Neighborhood Commercial and (PSC - 2) Planned Shopping Center Commercial under construction, vacant parcels, then commercial along Gilbert Road
West Residential >14 - 25 DU/Acre (R - 5) Single - family Residential Evergreen Street and Single family residential
ExistingOn Site SC (Shopping Center) (C - 1) Neighborhood Commercial and (PSC - 2) Planned Shopping Center Vacant
ProposedOn Site Residential >14 - 25 DU/Acre R - 4 PAD, max. 22 DU/acre 282 units attached, 2 and 3 stories, 16ǒ DU/acre
Ms. Edwards reviewed the General Plan portion of the request. She used the visual aid of the General Plan land use map to indicate where the project was located. The site was designated on the General Plan land use map as Shopping Center (SC). She explained that the configuration of the Albertson’s shopping center, with pad development and strip commercial along Gilbert Road between Guadalupe Road and Juniper Avenue, severely restricted access and visibility to this parcel for commercial/retail uses. The proposed high - density residential project did not require direct access to the two arterials bounding the existing SC parcel. The project will have sufficient access with the primary entrance on Juniper and secondary access on Olive Avenue and Evergreen Street. This infill residential project has commercial and retail businesses nearby within a comfortable walking distance. The addition of higher density residential uses in this location will complement the Heritage District redevelopment goals, allow persons to live close to the center of the community, and reinforce the addition of commercial uses in the area.
Ms. Edwards concluded the General Plan portion of the request by stating that the proposed land use designation of Residential >14 to 25 DU/ac was an appropriate land use adjacent to SC, R >14 - 25, and Village Center classifications. The proposed amendment was not in conflict with any portion of the General Plan and provides substantial benefit to the community with appropriate land uses on an infill site. She stated that staff was in support of the proposed General Plan amendment.
Ms. Edwards provided some visual aids of the project. She explained that since it was a PAD, they required a zoning exhibit that provided some detail. Part of that detail was an evaluation of the product that could be developed on the site. She pointed out that project site plan showed 282 single family attached units within a 17 acre gated community. The housing product was a combination of 2 and 3 story units. The location of 2 or 3 story units are not predetermined; however, the conceptual development plan did designate the location where only the 3 - story unit can fit. A pedestrian connection between rows of attached units was covered by a trellis connecting the buildings. Several building fronts facing each other are proposed to be separated by from 20′ to 37′ with a single central sidewalk. Other buildings facing each other have an interior lawn space and sidewalks in front of the units, and were separated by 40+ feet. Staff has recently reviewed similar R - 3 zoning projects for the Gardens, Park Place Village, Arbor Walk, and most recently, Val Vista Classic. The R - 3 code standard required 20′ and 30′ building separation for 2 - and 3 - story buildings respectively. She explained that staff recommended a minimum of 25′ be provided between building fronts. This will provide an adequate area for a central sidewalk with landscaping.
Ms. Edwards noted that Staff was concerned that 3 story units adjacent along Juniper were too close to the street, and the 15′ setback between the four units and the Veterinary Clinic was inadequate. Staff recommended that only the two center units in each 3 - unit row facing Juniper be permitted to be 3 stories. She added that they recommended that a minimum 20′ landscape setback be provided throughout the project adjacent to commercial zoning districts. She pointed out that the product proposed for Via Sorento provided sufficient articulation with open porches at the 2nd level and side entry for end units. The project was designed to accommodate a mix of 2 and 3 story units. She noted that the project as proposed could be built with 100% 3 - story units. The 2 story/3 bedroom unit has a larger building footprint than the 3 story unit. Only a few more than 80 building pads of the 282 proposed have enough area to accommodate the larger 2 story units. In order to reduce the apparent building mass of the project and provide a more diverse community, she commented that staff was recommending that the end units in each row be restricted to 2 stories.
Ms. Edwards stated that the current code required a building setback of 75′ when adjacent to residential. She noted that Evergreen Street was planned to loop around and connect with Olive Avenue. Those easements will be abandoned and SRP will work with the applicant to abandon those since it wasn’t needed for the proposed project. She pointed out that this easement was a transition between the homes that back onto Evergreen and the proposed project. She used the visual aid to show which R1 - 5 homes were two story homes that back onto and side onto the project. She indicated that she was at the site earlier that day and noticed that the homes were set back at least 35′ - 40′ from the six foot block wall. Therefore, Staff was comfortable reducing the building setback to be 60′, with an additional condition that required the project to have a 20′ landscape setback to buffer to residential. She stated that the applicant approved of the condition with the clarification that it could be encroached by visitor parking. Staff also believed that trash enclosures should be able to encroach into this setback. She stated that the staff felt that the most appropriate locations for landscaping would be where the auto court gives the visual focal point out to the perimeter. She pointed these areas out on the visual aid. She mentioned that in the conditions there was a requirement for landscaping to be placed in these locations as a requirement, and the parking fields should be limited to no more than four in a row. Therefore there wouldn’t be masses of pavement or pockets of landscaping that were windows. She explained that they wanted to provide fairly dense landscaping along the residential perimeter. She recommended that they amend the conditions to state that there should be four parking stalls, separated by a landscaping island, no less than thirty feet long. She added that the staff report stated forty feet and asked the Commission to consider what they considered to be the most appropriate minimum amount of landscaping between parking spaces in sections of four. She felt that this condition was most appropriate along the western boundary which adjoined the residential development.
Ms. Edwards reviewed the parking. She noted that each unit provided a garage for the required 2 covered parking spaces. Visitor parking was required at one space per 10 units; 28 visitor parking spaces are required for the 282 unit project. The Via Sorento project proposed 171 visitor spaces, 143 parking spaces over the code requirement. The majority of these spaces are along the loop road between the curb and perimeter wall. She added that Staff felt this was too many spaces and would rather have a meaningful landscape buffer around the side and rear of the lot for the residents and adjacent properties. If they were to provide the landscaping in the locations that she reviewed earlier, the visitor parking would be reduced by about half, which would be appropriate.
Ms. Edwards described the circulation. She pointed out on the visual aid the main entrance which was located on Juniper Avenue aligning with the entrance to Arbor Walk on the south side. Exit only gates and emergency accesses were provided on Evergreen Street and Olive Avenue. She explained that the traffic engineer felt that the cumulative affect of high density that would load onto Juniper would require future capital improvements to the intersection of Juniper and Gilbert Road. However this was not a burden only on this project and was not included as a condition. A loop road circles the project providing access to eight interior loop auto courts and two dead - end auto courts. The dead - end auto courts are 140′ and 120′ in depth and meet fire code standards. The main loop road is 25′ wide with a 4′ sidewalk on one side and both sides in some areas. A pedestrian connection to retail on the north is proposed.
Ms. Ewards pointed out the interior auto courts which provide access to garages. She added that special pavement was provided in these areas to add interest. Small landscape planters between the garages, and coach lighting on each unit will aid in providing a comfortable and attractive area.
Ms. Edwards described the entrance. She explained that the gated entrance provided a security checkpoint which looked like it was about 40′ behind the property line. She stated that they had placed this as a condition to ensure that it was 40′.
Ms. Edwards reviewed the proposed open space. She used the visual aid to point out that all units front onto open space. She explained that if all of the units were three story, there would be about 37Ǔ% open space. In there was a combination of three and two story homes, there would be about 43% open space. After reviewing the draft thoughts on the new LDC, and after reviewing recent projects in that density range, Staff felt that 40% was appropriate. In addition, Staff felt that it would be good to have a mix of two and three story product because they are linear in many cases where they face each other. She noted that they had proposed a condition that a maximum of 80% of the project be three story in order to ensure that there are a mix of two and three story homes. The builder believes that this was appropriate and felt that the two story homes would be the better seller since it was three bedrooms.
Ms. Edwards discussed the landscape setback along Evergreen Street and Olive Avenue. In a field check they noticed that the veterinarian clinic that was being built had screen walls ten feet back and ten feet of landscape in front. For the proposed project she indicated that staff believed that was also appropriate for Evergreen Street and Olive Avenue. She pointed out on the visual aid where the staff was recommending a minimum 25′ landscape area along the Juniper frontage.
Ms. Edwards discussed the zoning that was proposed. She indicated that staff had reviewed the proposed R - 4 zoning district against the R - 3 district. She explained that the R - 4 district permits densities up to 22 du/acre, hotels, motels, and offices. Height requirements, yard regulations, and specific requirements were the same as the R - 3 district. She stated that Staff believed the R - 3 zoning district with a PAD overlay district was appropriate for this project and recommended the R - 3 zoning instead of the requested R - 4. She noted that the applicant approved of this zoning.
Ms. Edwards informed the Commission that the Water Conservation Staff had reviewed the water conservation data and found that it met the Ordinance 1316.
Ms. Edwards informed the Commission that the Gilbert School District has accepted and approved an agreement with DR Horton to provide voluntary school contributions. She indicated that the letter agreement was attached to the staff report.
Regarding public imput, Ms. Edwards noted that a neighborhood meeting was held on June 25, 2003 at the Southeast Regional Library. No members of the public attended. In addition, staff has mailed notices to the property owners within 300′ of the boundaries of this project, and to the HOAs within 1000′, a newspaper ad was published in the local newspaper, and the site was posted as required. Staff had not received any public input on this project.
Ms. Edwards concluded her presentation by stating that Staff supported the request to change to Residential >14 - 25 DU/acre. In addition, Staff believed that the R - 3 zoning district with a PAD overlay was appropriate for this project. Staff also recognized that this project design offers a unique lifestyle that complements the adjacent Heritage District and surrounding properties. She noted that they had provided conditions to address deviations to the existing ULDC and made some recommendations based on the draft LDC. These conditions address distance between buildings, height, landscape setbacks, the gated entry, housing product mix, building setbacks, landscape areas adjacent to public streets, Olive Avenue cul - de - sac dimensions, and accessory structures.
Ms. Edwards referred to the amended conditions that were provided earlier that evening. She explained that they had modified condition d. to state: “A minimum 20′ landscape area is required on the sides and rear of the project, except as approved by staff. When adjacent to residential, a maximum of four parking spaces in a row is allowed, with a minimum of 30′ landscaping separating another row of parking spaces. Parking spaces and trash enclosures shall be permitted to encroach the landscape area, in no case shall the landscape be less than seven feet. A landscape area is required where an autocourt lane faces the perimeter landscaping.” She noted that G should be deleted since they had added the information to stipulation that would achieve the quantity. She briefly reviewed the rest of the conditions and concluded her presentation by asking for questions.
Commissioner Dan Dodge referred to condition m. and asked if the intent was for the entire outdoor open space to be covered.
Ms. Edwards replied that this was not the intent and they were only referring to the porch or patio as being covered.
Alternate Commissioner Scott Simas questioned whether SRP had approved the abandonment of the easement Ms. Edwards referred to in her report.
Ms. Edwards replied that SRP had agreed to abandon the easement.
Commissioner Karl Kohlhoff referred to the surrounding area and the landscape easements on Juniper Avenue and questioned what the landscape easement was for the adjacent properties. He asked what would be normal on a collector road.
Ms. Edwards replied that she wasn’t sure what the landscape easement was in the R1 - 5 that was immediately to the west.
Vice Chairman Michael Monroe requested that the applicant come forward if they wanted to make a presentation.
Sean Lake, 10 W. Main Street, Mesa came forward. He announced that he was there on behalf of DR Hordon Homes. He agreed to the modifications in the stipulations that were addressed that evening and requested that the Commission approve the project.
Vice Chairman Michael Monroe opened the public hearing and asked if anyone wanted to speak on the item. Seeing no one, he 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 recommend approval to the Town Council of GP03 - 7, a minor General Plan amendment changing the land use designation of approximately 17 acres from Shopping Center (SC) to Residential >14 - 25 DU/Acre.
Motion Carried 7 - 0.
A motion was made by Commissioner Dan Dodge, seconded by Commissioner Joan Krueger, to recommend approval to the Town Council of Z03 - 25, Via Sorento, by changing the zoning classifications of approximately 17 acres from located west of the NWC Juniper and Gilbert Road from (PSC - 2) General Commercial and (C - 1) Neighborhood Commercial to (R - 3) Multi - Family Residence with a (PAD) Planned Area Development Overlay Zoning District, subject to conditions presented on 2/4/04, changing stipulation 3d to state: “A minimum 20′ landscape area is required on the sides and rear of the project, except as approved by staff. When adjacent to residential, a maximum of four parking spaces in a row is allowed, with a minimum of 30′ landscaping separating another row of parking spaces. Parking spaces and trash enclosures shall be permitted to encroach the landscape area, in no case shall the landscape be less than seven feet. A landscape area is required where an autocourt lane faces the perimeter landscaping” striking item g. and changing 3m. to include the word “patio”.
Motion Carried 7 - 0.
Approval of Z03 - 25, Via Sorento, by changing the zoning classifications of approximately 17 acres from located west of the NWC Juniper and Gilbert Road from (PSC - 2) General Commercial and (C - 1) Neighborhood Commercial to (R - 3) Multi - Family Residence with a (PAD) Planned Area Development Overlay Zoning District, subject to the following conditions:
1. Dedication to the Town for Juniper Avenue, Evergreen Street, and Olive Avenue rights - of - way that are adjacent to the Project shall be completed at the time of final plat recordation or sooner if required by the Town Engineer. Dedication of Juniper Avenue shall be 33 feet, Evergreen Street shall be 25 feet, and Olive Avenue shall be 25 feet from the centerline.
2. Construction of the required off - site improvements to Juniper Avenue, Evergreen Street, and Olive Avenue abutting the Project shall be completed prior to the issuance of any certificate of occupancy for any unit in the Project.
3. The Project shall be developed in conformance with the Town’s zoning requirements for the zoning district, except as modified by these conditions:
a) Buildings shall be separated by 25′.
b) The maximum number of 3 - story units is 80%.
c) The building setback adjacent to a residential zoning district or General Plan residential land use classification is 60′.
d) A minimum 20′ landscape area is required on the sides and rear of the project, except as approved by staff. When adjacent to residential, a maximum of four parking spaces in a row is allowed, with a minimum of 30′ landscaping separating another row of parking spaces. Parking spaces and trash enclosures shall be permitted to encroach the landscape area, in no case shall the landscape be less than seven feet. A landscape area is required where an autocourt lane faces the perimeter landscaping.
e) A landscape area along Juniper Avenue shall be a minimum of 25′, and along Evergreen Street and Olive Avenue shall be ten feet.
f) The end unit in each row where the side elevation faces residential or the internal loop road shall have creative design and interest. The use of architectural/design/structural features to visually diversify the side façade shall be reviewed and approved by the Design Review Board.
g) Some of visitor parking be deleted along the perimeter.
h) The gated entrance shall be redesigned to provide minimum of 2 cars to stack behind the security checkpoint without encroaching the right - of - way, and a bypass lane.
i) A minimum of 40% open space shall be provided.
j) Accessory structures may be located anywhere within the building envelope, with a maximum height of 15′.
k) Parking canopies and garages shall be set back a minimum of 20 feet from side and rear property lines.
l) The minimum dimension of exterior private open space shall be 6′ in depth.
m) Private patio outdoor open space shall be covered.
n) Street frontage landscape areas shall not be encumbered by parking areas, buildings, walls, or other permanent improvements.
o) The cul - de - sac on Olive Avenue shall be redesigned to meet code requirements.
4. Developer shall create a new Homeowner’s Association (HOA) for the maintenance, landscaping, improvements and preservation of all common areas and open space areas and landscaping with the rights - of - way as depicted on the Development Plan.
ADMINISTRATIVE ITEMS
Minutes - Working Session and Regular Meeting Minutes of December 17, 2003 and January 7, 2004.
A motion was made by Commissioner Joan Krueger, seconded by Commissioner Dan Dodge, to approve Working Session and Regular Meeting Minutes of December 17, 2003 and January 7, 2004.
Motion Carried 7 - 0.
Sign Code Amendment - Discuss proposed sign code amendment to the ULDC.
Planning Director Jerry Swanson informed the Commission that he had given them a draft of amendments to the sign code that were requested by the Town Council to be prepared by the legal council. He explained that this would be the subject of the public hearing in March. He noted that they would be advertising it in the newspaper and general circulation for the meeting in March.
Commissioner Dan Dodge suggested that since many businesses were off street and had a difficult time advertising to the public that they might be allowed a limited amount of use of A - frame signs. He recommended that they consider limitations based on inversely proportional to the amount of street frontage signage they have available to them. He explained that a store that had its full allotment of street frontage signage available to it would not need an A - frame sigh on the street. However, a store that was in the back of a center that didn’t have any available street frontage might be able to have an A - frame sign during business hours. He felt that they could come up with a standard for the businesses that don’t have the visibility that they might need, without allowing every business the ability to place an A - frame sign on the street.
COMMUNICATIONS
Report from the Chairman and members of the Commission on current events.
Vice Chairman Michael Monroe congratulated Planning Manager Linda Edwards for being the Town Employee of the Year. He added that the Commission was fortunate to have a dedicated individual like Linda to be the liaison between the Commission and the Planning Department. Commissioner Dan Dodge announced that Ms. Edwards had been the Chairman of the Commission prior to being on staff. He felt that her background as a citizen participant and a professional had added immeasurably to her value and was a significant asset to the staff.
Commissioner Karl Kohlhoff referred to Z03 - 29, Hardwood Floor Supply, and questioned what the Redevelopment Commission discussed after the Commission reviewed the case.
Ms. Edwards replied that she was not at that Redevelopment Commission meeting, so she could not provide specific details. She informed the Commission that the recommendation went forward for approval by Town Council and they would be bringing it to the Design Review Board the following week. On February 19, it would come back to the Redevelopment Commission for final approval.
Commissioner Karl Kohlhoff requested that in the future they be attached to Redevelopment Commission minutes with projects that the Commission reviewed.
Update on Unified Land Development Code revision
Planning Director Jerry Swanson informed the Commission that there was not an additional report on the ULDC since they had discussed it in their working session earlier that day.
Subcommittee Reports
There was no report given.
Report from the Planning Director on current events
Planning Director Jerry Swanson noted that the Town Council approved the General Plan amendment for the Banner Health property. Although the applicant withdrew the annexation proposal, he explained that they fully intended to do the annexation and zoning in the future.
Planning Director Jerry Swanson reminded the Commission about the upcoming joint meeting with the Town of Coolidge Planning and Zoning Commission on February 18. He indicated that they would contact the Commission regarding the details.
ADJOURNMENT
Vice Chairman Michael Monroe adjourned the meeting at 9:15 P.M.
ATTEST:
Recorder Trasie Johns