TOWN OF GILBERT PLANNING AND ZONING COMMISSION, SPECIAL MEETING

SOUTHEAST REGIONAL LIBRARY, 775 NORTH GREENFIELD ROAD, GILBERT ARIZONA

OCTOBER 20, 2004

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

COMMISSION ABSENT: Commissioner James Beene, Alternate Commissioner Susan Preiss

STAFF PRESENT: Planning Director Jerry Swanson, Planning Manager Maria Cadavid

ALSO PRESENT: Vice Mayor Don Skousen, Town Attorney Phyllis Smiley, Town Traffic Engineer Bruce Ward, Town Manager George Petit, Recorder Trasie Johns

PLANNER                    CASE        PAGE        VOTE
Ms. Cadavid                  GP04 - 12            2         Continued
Ms. Cadavid                  GP04 - 13            2         Approved

< - - - > = deleted text        bold = added text
in stipulations

CALL TO ORDER:

Chairman Brigette Peterson 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 Brigette Peterson requested a motion to approve the agenda.

A motion was made by Commissioner Karl Kohlhoff, seconded by Commissioner Joan Krueger, to approve the agenda.

Motion Carried 4 - 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 HEARING

GP04 - 12 - A major General Plan amendment for the area (700 acres) on all four quadrants of the intersection of Williams Field and Recker Roads. Proposal would eliminate the (LI) Light Industrial designation, modify the size and locations of the areas designated for Residential R5 - 8, R14 - 25 and add a R8 - 14 designation as well as shifting the location and configuration of the Village Center area. Text amend - ments are also proposed to reduce the amount of commercial development.
Jim Cronk 503 - 6815 Staff is requesting to continue to November 3, 2004 Regular meeting.

Planning Manager Maria Cadavid informed the Commission that the applicant met with the staff a week ago regarding GP04 - 12 and they had revised information and submitted additional information that had been complied in a booklet that staff was still evaluating. Therefore, she stated that staff was requesting that the Commission continue the item to the November 3 public hearing.

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 closed the public hearing brought the item back to the Commission for discussion and action.

A motion was made by Commissioner Joan Krueger, seconded by Commissioner Karl Kohlhoff, to continue GP04 - 12 to the November 3, 2004 Regular meeting.

Motion Carried 4 - 0.

GP04 - 13 - A major General Plan amendment for the area (150 acres) south of the Mercy Gilbert Medical Center between the Willis Road alignment and Germann Road, extending ½ mile east of Val Vista Drive from Residential >0 - 1 Du/Acre to: Alternative 1: Residential >1 - 2 Du/Acre, Residential >5 - 8 Du/Acre, Residential >14 - 25 Du/Acre, and GO (General Office), and; Alternative 2: Residential >1 - 2 Du/Acre, Residential >5 - 8 Du/Acre, CC (Community Commercial), GO (General Office), and BP (Business Park Maria Cadavid 503 - 6812.

Planning Manager Maria Cadavid informed the Commission that this was the third public hearing on the item. She reminded the Commission that staff had requested continuance on the item on October 6 to allow Economic Development to state their position and also for the circulation element to be ready for presentation. She used a visual aid to point out where the 160 acre area of the study’s location; south of the Mercy Gilbert Medical Center between the Willis Road alignment and Germann Road, extending ½ mile east of Val Vista Drive. She explained that they were there that evening to present the revised alternative that was developed after they completed the public participation review process of sixty days, which concluded on September 13. She acknowledged that they had very good public participation. She noted that most of the public that had participated in the process were present.

Ms. Cadavid reviewed the history of the case. She explained that the Town received numerous inquiries about what the Town would like to see in the area, along with one informal proposal for a residential development on approximately forty to fifty acres of the study area. Inquiries were received during the first quarter of the year, and the Planning Staff felt that it was the Town’s responsibility to plan ahead, rather than react to proposals from the development community. Therefore, Staff requested in June that the Planning Commission allow them to initiate the public participation process and formally initiate the General Plan amendment study.

At 6:10 P.M., Vice Chairman Michael Monroe joined the Commission.

Ms. Cadavid discussed the public participation process. On July 13, the staff sent notification letters to all the property owners. She stated that there were only a few envelopes that came back, but for the most part they had very good attendance to the two open houses that were held on August 18 as well as September 1 at Spectrum Elementary. At the open houses, Staff received very valuable information that was included in the staff report and reviewed at the previous hearing. She briefly reviewed some of the reoccurring concerns; circulation element on the north/south street and how this connection would affect their properties; lifestyle changes and safety concerns for the area; to respect the property line boundaries when the final draft designation for the land uses were going to be proposed; residents to the east of 156th Street, the well established low density residential, were very vocal about maintaining the low density residential nature of the area. She added that the letters and e - mails from the public were also included in the Commissions packets. She noted that they had met with the representatives for the property owners to discuss the current proposal that would be reviewed that evening.

Ms. Cadavid provided color exhibits of the presentation of the land use designations for the study area. She pointed out that the first exhibit illustrated the land use proposal of the revised draft. The second exhibit illustrated the same land use designations with the circulation element highlighted. The third exhibit was the immediate region analysis of existing land uses. She also had an exhibit of the Town’s General Plan, along with an aerial map for the area.

At 6:15 P.M., Commissioner Dan Dodge arrived.

Ms. Cadavid discussed the different land use designations and the reasoning behind each allocation:
Residential >1 - 2 Du/Acre - 40 acres: immediately to the west of 156th Street from Willis to Germann Road.   She stated that the staff felt this area is suitable for residential density within this range being next to an existing established R>0 - 1 Du/acre residential neighborhood with no likelihood of conversion to higher density. This designation responds to a core land use goal in the Town’s General Plan: “Protect existing rural residential uses from the impacts of new suburban developments” and also in response to area residents’ input (east of 156th Street) who strongly desire to maintain a buffer between their properties and future land uses in order to retain the existing rural character and lifestyle. She pointed out that the dimensions were chosen to allow for depth enough to develop a suitable residential project at that density, which was an immediate step up from what was located immediately east of 156th Street.
Residential >5 - 8 DU/Ac ? 25 acres: this designation is delineated west of 155th Street alignment where medium density garden residential type is encouraged. The type of development that will implement this land use has been approved in Gilbert in areas of concentration of future activities under the zoning categories of (R1 - 5) and (R - CH) with good access to arterial or major collector roads. That is the case for parcel 4 in the Spectrum at Val Vista development (northeast corner of Fry Road and Val Vista Drive) and portion of Willows PAD with densities ranging between 7 to 8 dwelling units/acre.
Residential >14 - 25 Du/Ac ? 20 acres: this land use allocation is based on the need for residential uses in this area that may include condominiums, apartments and specialty residential uses for employees that may work in the retail and medical industry in the area. It is placed on the Val Vista Drive frontage with good access to the arterial road as well as the major collectors recommended by the circulation element. Its placement meets goal 4 of the General Plan: “Provide a diversity of quality housing types for all ages and income levels” and will not adversely impact the lower density residential land uses proposed to the east of 154th Street. This acreage if developed at a density of 20 dwelling units/acre will yield over 300 residential units and will provide a place to live within reasonable distance of employment centers north on Val Vista Drive.
NO (Neighborhood Office) ? 15 acres: at the southeast corner of Willis Road and 154th street for its proximity to a more intense General Office designation to the north and for having good access to the recommended north - south major collector along 154th Street. It also acts as a buffer between the recommended Residential >1 ? 2 Du/Ac to the east and the medium density residential R>5 - 8 Du/Ac to the south. This land use is intended for a small scale single story office uses encouraged next to existing or planned neighborhoods. This designation is a revision to the original alternatives in response to feedback by property owners whose concern is their properties’ replacement value. Staff feels the revised designation makes good planning sense at this location for being a transitional use, and offer employment opportunity of less intensity than GO (General Office).
GO (General Office) ? 20 acres: designated at the southeast corner of Willis Road and Val Vista Drive as a continuation of the approximately 40 acres of General Office designation to the north in the Medical Campus Planned Area Development. This land use classification designates areas for large scale single or multi - story medical, professional, general or service - type office uses. Access will be provided from 154th Street and access ways approved by the Town as part of the Val Vista Drive improvements design.
BP (Business Park) ? 40 acres: is allocated at the northeast corner of Val Vista Drive and Germann Road large enough to support a planned business park. At this location the site benefits from the proximity to a full interchange off the future Santan freeway which increases its accessibility from anywhere in the east valley. Similar development in Town is undergoing construction at the northeast corner of McQueen and Guadalupe roads which offers opportunity for industrial condo products. This designation and location meets Goal 5 of the General Plan which encourages location of business parks and light industrial uses at arterial/freeway intersections to reduce heavy traffic going through lower intensity areas. She noted that this designation was placed at this location based on the input from the Economic Development Department. She pointed out that there was letter from the Economic Development Department, along with the minutes from the Economic Development Board. She explained that they felt that this size was the minimum acceptable for a business park. Secondly, the visibility and accessibility for full diamond interchange was important. She added that the Economic Development Department had been contacted by several developers who wanted to propose similar development to the one located at the northeast corner of Guadalupe and McQueen, which was a comparable size.

Ms. Cadavid discussed the circulation element. This element supports the land use allocations and proposes a secondary street system to the arterial streets (Val Vista Drive and Germann Road). The system proposes two major collectors: one running north - south along the 154th alignment and the other one running east - west along Melrose Street alignment with a minor north - south collector connecting this street with Germann road. The alignment of the portion of these streets connecting to the approved minor arterial (Hospital Access Road) north of Willis road, and the one connecting Melrose Street with the minor north - south collector will be adjusted to effect convenient movements and best access opportunities for the adjacent land uses. She pointed out, using the visual aid, the signalized intersections which were recommended at Melrose Street and Val Vista Drive, and at 154th Street and German Road. Lastly, future access depicted on Val Vista Drive reflects the ongoing design for Val Vista Drive improvements.

Ms. Cadavid reviewed the annexation policy.    She noted that all this property was currently located in the County. She explained that the Town must ensure an efficient pattern for the dedication of right - of - ways and implementation of off - site improvements for the recommended circulation system. To achieve that, and to ensure that the State law regarding annexations can be met throughout the plan area, staff believes that annexation requests with minimum area of 40 contiguous acres should be the smallest areas considered for annexation.

Ms. Cadavid summarized her presentation. She stated that staff concluded that the revised land use alternative that was being presented that evening corresponds to solid planning principals including transitional land uses, and to the input received. This plan’s purpose was to ensure the protection of the one acre lots, in the rural neighborhood to the east of 156th Street; the location of General Office south of the hospital campus; the designation of a minimum of forty acres to support business park; and the need for condominiums or apartments. Another analysis that was made was not to allow General Commercial in the section based on the availability and capacity for absorbing that much commercial in the immediate region. She noted that there were forty acres of Regional Commercial designated across the street that they were waiting to see what Banner would do with in the following year. She added that this might be combined with the other forty acres to receive eighty acres of commercial at the northwest corner. In addition, there was 13 acres of General Offices designated at C - 2, an auto mall with a corner that was a shopping center, the Regional Commercial designation of 70 acres, 16 acres of Neighborhood Commercial, 20 acres of Neighborhood Offices, and 36 acres where the Kohl’s was located. She pointed out that there was more Regional Commercial wrapping around the freeway to the east of the study area. She concluded her presentation by stating that the Staff recommended that the draft land use analysis be supported by the Commission.

Commissioner Karl Kohlhoff requested that the aerial be shown. He asked that Ms. Cadavid point out where the dairy was located on the map.

Ms. Cadavid pointed out where the dairy was located.

Commissioner Karl Kohlhoff referred to page 23, which showed the collector was 156th Street going north/south, and questioned if they could somehow get an east/west collector to run across and come down 156th Street. He wanted to have a true collector between the arterials.

Commissioner Shane Leonard questioned why the high density residential was not proposed as being higher since it was located on Val Vista Drive between the freeway and a busy arterial.

Planning Director Jerry Swanson replied that the higher density would only be applicable in the Village Center. He added that this had not been applied in other locations. He explained that their intent was to provide enough land to allow for one or two typical apartment units.

Commissioner Shane Leonard asked if they had changed the designation to Neighborhood Office (NO) and a lower residential density east of 154th Street and west of 156th Street was because there was a presumption that Mr. Haskell’s property and the adjoining property east of 156th Street was going to remain low density residential. Therefore, they were using transitional zoning to get to the higher use close to Val Vista Drive.

Ms. Cadavid replied that he was correct. She explained that they made the evaluation that NO was an appropriate use as it only allowed for single story offices and was a good neighbor to residential uses.

Commissioner Shane Leonard referred to 154th Street and questioned if the Town wanted the connection of it to the newly aligned Willis Road and into the hospital.

Ms. Cadavid responded that the Town wanted the connection and the circulation element showed it. However, the dotted line on the diagram showed that it would need to adjust to the already approved access to the hospital.

Mr. Swanson elaborated that the hospital office portion, about 40 acres of the 102 acre hospital site, was designated as General Office. He explained that this would be platted as a commercial subdivision. He added that in the preapplication review a couple of weeks ago the staff noted that there would need to be a roadway dedication for the extension of 154th Street to connect to Willis Road at one of the intersections of the hospital entrances to provide a safe break. He noted that the new Willis Road would be a minor arterial with a median along the entire length. Therefore any intersection would have to line up with driveways across the street. He stated that the staff felt that without that connection they couldn’t support the intensity south that was supported by the staff.

Chairman Brigette Peterson opened the public hearing and asked if anyone wanted to speak on the item.

Tanner Young, 18247 S. 154th Street came forward. He pointed out on the visual aid where his home was located, east of 154th Street, south of the proposed Neighborhood Office land use designation. He stated that his concern was that they were able to move from the neighborhood and receive the return value on their property so they could replace what they currently had. He stated that the staff’s plan designates his land, along with three other neighbors’ lands as being residential. He thought that this would not give them enough money for their property to be able to move and replace what they had. He thought that they should continue the Neighborhood Office designation down and east so that everyone in the neighborhood would be implemented into the program. He asked that the Commission allow them to sell their land as offices and if it didn’t sell they could always change it back to residential.

Commissioner Shane Leonard questioned how many acres Mr. Young owned.

Mr. Young replied that he owned 2.5 acres.

Commissioner Shane Leonard asked if they had done any evaluations on the value of his property.

Mr. Young had not done an evaluation on the worth of his property.

Chairman Brigette Peterson noted that the following people were in attendance, but did not wish to speak: Cheryl Young, 18025 S. Val Vista; Vickie Lingren, 15511 E. Willis Road.

Arch Ratliff, 3850 E. Baseline Road, representing Utaz Development came forward. He reminded the Commission that he came before the Commission at the last meeting and discussed other alternatives that were available. He noted that the other alternative had Community Commercial north of Melrose, on Val Vista which they supported. He explained that they didn’t think that the high density residential was appropriate between all the other businesses around it on Val Vista Drive. In addition, they felt it made sense to have a commercial development on Val Vista because of the intensity of the road. He pointed out that they owned land north and south of Melrose along Val Vista. He felt that the Business Park designation would work for what they do, along with the Community Commercial designation. However, the multifamily residential would not make sense to them. He felt that the multifamily designation should be moved to another location.

Gene Shaffer, 917 E. Westcot, Phoenix came forward. He stated that he represented the ownership of fifteen acres; five acres on Willis, and ten acres between Willis and Melrose. He pointed out where the properties were located. He stated that they were in support of the original Alternative 2. He added that they were strongly opposed to this revised alternative. He felt that it didn’t make sense to have residential between two business areas. He urged the Commission to consider Alterative 2, which allowed for 20 acres north to be General Office (GO) and the twenty acres south to be Community Commercial (CC). He added that they would be in favor of annexation of their fifteen acres.

Charles Huellmantel, 2525 E. Arizona Biltmore Circle came forward. He stated that he represented Gustine, who was under contract to purchase property. He pointed out where the property was located, using a different land use designation map that he was proposing. He was opposed to the staff’s proposed alternative. He felt that a most of the property owners were in opposition to the plan by staff. He felt there was a possibility to have a plan that everyone agreed to. He wanted the Commission to provide staff with direction and allow them to work with the neighbors to come up with another plan. He noted that most business parks that were on arterial streets were fronted with commercial. Therefore, his plan provided a commercial component along Val Vista and Germann Roads, in front of the Business Park designation. He explained that the land value on the arterial streets would be significant compared to the use that would be in a business park. He asked the Commission to think of a business park that didn’t have commercial on the arterials.

Commissioner Karl Kohlhoff asked Mr. Huellmantel to point out where his property was located.

Mr. Huellmantel pointed out his property, which was about four acres located on the corner of Germann and Val Vista Roads.

Chairman Brigette Peterson questioned if Mr. Huellmantel had a user in mind for the property.

Mr. Huellmantel responded that they had a likely user in mind for his property.

Chairman Brigette Peterson asked Mr. Huellmantel to provide an example of a business park that was not fronted with commercial.

Mr. Huellmantel responded that he could not provide an example of a business park that wasn’t fronted with commercial because people didn’t build them. He added that with the value of the land, the math didn’t add up for them to be built this way. He stated that there was a business park at Broadway and 48th Street that had commercial on the arterials.

Mr. Swanson interjected that the most recent example of a business park being developed in Gilbert that did not have retail frontage was the Elliott Commerce Park on Elliot, adjacent to the railroad tracks.

Kim Hale, 1547 E. Fairfield Street, Mesa came forward. He noted that he represented different owners in the selling of their parcels. He was surprised to see the plan that the staff was proposing and that all the land owners and attorneys opposed it. He felt that the first two alternatives were workable, and that the neighbors were interested in working with the staff to come up with a plan that was agreeable for everyone. He asked that the staff take the time to sit down with the neighbors and listen to their concerns to come up with a better plan. He pointed out the parcels he represented located on Willis Road and a parcel on Val Vista Road.

Commissioner Shane Leonard stated that the Commission appreciated the efforts that the neighbors had put forth. He asked what the owners desired their properties to be designated.

Mr. Hale replied that they wanted their properties to be designated as General Office or Community Commercial, since they were located on Val Vista and Willis Road.

Brian Moore, 322 W. Knight Lane, Tempe with BCMA Architecture came forward. He noted that the land owner he represented owned ten acres on the corner of Willis and Val Vista and five acres south of Melrose in the Business Park site. He felt that the residential component south of the General Office designation was a good use of the land. He stated that his client had several office uses next to residential and felt that the residential next to the medical office was vital. He added that they wanted to provide Commercial along with General Office, but the staff informed them that there was not a way to provide both designations in the same land. He felt that residential would be appropriate to be next to this type of land use. He wanted to connect his property on Willis to the hospital entrance. He pointed out this connection on the visual aid.

Commissioner Karl Kohlhoff asked who Mr. Moore represented.

Mr. Moore replied that he represented Double G Ranch.

Mary Hayes, 18208 S. 154th Street came forward. She pointed out where her five acre parcel was located, on 154th Street between the proposed General Office and Business Park designations. She stated that she was going to live there until she died, but that she needed to sell because of the change in the neighborhood. She noted that numbers of people have been by that wanted to buy her land. She added that the doctors wanted to buy her land, but she can’t sell it to them because of the proposed designation of residential for her land. She noted that the staff had been very kind, but that she didn’t like the current plan. She would prefer recommendation number two that designated her land as Community Commercial.

Craig Willet, 3850 E. Baseline Road came forward. He stated that he was the president of Utaz Development. He was surprised at the lack of responsiveness to the neighbors who had worked together to come up with different alternatives. He felt that the streets were being addressed properly. He wanted to see the high density residential to be listed as Community Commercial. He felt that the residential should be placed away from the frontage of a busy arterial and still be located close to the hospital. He felt that the market was wise and they should listen to who was approaching the owners to find out what the demand was for the land in the area. He pointed out that this was the only hospital in Gilbert and that there was a high demand for the land around it.

Commissioner Karl Kohlhoff questioned what area Mr. Willet represented.

Mr. Willet pointed out where he owned property; ten acres on Val Vista north and south of Melrose.

Reese Anderson, 400 E. Van Buren, Phoenix with the law firm of Snell and Wilmer came forward. He handed out a map to the Commission of alternative land uses that the majority of the neighbors supported. He pointed out the property owners that he represented on the map. He stated that they had been in conversation with Sean Lake, and Ralph Jarvis who also represented owners in the area. He added that they also had been in conversation with Mr. Huelmantel and Mr. Shafer and were in support of their requests. He reminded the Commission that they had requested that the neighbors get together and come up with a cohesive plan at the last meeting. He stated that they had done this and had come up with a joint plan which was listed on the joint letter provided to the Commission from himself, Mr. Willet and Mr. Pew on October 1. Since then, they had come up with a new plan that had been revised based on discussions with the Traffic Department. He referred to the circulation pattern presented by staff and felt that it still needed to be changed to allow Melrose Road to go to 156th Street. He pointed out that the Town was going to require the dedication of 156th Street, so it made sense to bring Melrose down, allowing the street to be signalized, providing better circulation to the entire area. He noted that they attended the Economic Development Board and had a good discussion with the Board and its members. From this meeting, they had incorporated the Residential 14 - 25 DU/Acre, located more internally to the site, next to 156th Street. He felt that they could buffer against any effects to the residents east of 156th Street. He added that these residents had not asked for Residential 1 - 2 DU/Acre residential designation, they had asked for gentle transitions and buffers. He stated that they had had conversations with the neighbors and that they supported each other. He stated that the Economic Advisory Board also thought that Residential 1 - 2 DU/Acre housing was too low along 156th Street also. He pointed out that in the plan he was presenting that evening they included Residential 5 - 8 DU/Acre along with Residential 14 - 25 DU/Acre. He added that Mr. Ward, the Town’s Traffic Engineer, was in support in their circulation element in the plan. He referred to the traffic study that they had done and used a visual aid to point out the intersection of Val Vista Drive and the 202 and stated that they concluded that there would be a seventy plus square mile pull of traffic to that corner, which was one of the largest ones in the valley. Therefore, he felt the Town needed to use this for commercial and employment generating property opportunity. He recommended that the Commission either continue the case for further discussion between the Staff and neighbors or adopt his proposed plan and recommend it for the Town Council for approval.

Commissioner Shane Leonard clarified that the Commission would not adopt any plan; they would just recommend it to the Town Council who would then make the final decision. He asked if Mr. Anderson had shown his proposal to the neighbors east of 156th Street of General Office and Residential 5 - 8 DU/Acre next to their property.

Mr. Anderson stated that Mr. Hassel had those discussions and that they had not shown up or stated that they didn’t want this. He added that they had requested gentle transitions and buffers. Comments had come up requesting a trail along 156th Street, which he thought they could accommodate in the plan. So far, he concluded that no one had said they didn’t like it.

Commissioner Shane Leonard referred to Gilberts General Plan and Zoning Designations, and stated that General Office and Residential 5 - 8 DU/Acre were not transitional uses next to Residential 0 - 1 DU/Acre. He explained that they could have heavy and intense uses with multi - story buildings. He stated that one of the major assumptions was that Mr. Hassel’s contact with the Town had been for a Residential 1 - 2 DU/Acre development. He added that he would be surprised that the neighbors would consider Mr. Anderson’s plan as having transitional zoning. He was concerned about not having transitional zoning next to the low density residential properties east of 156th Street.

Mr. Anderson replied that there were ways to handle the transitions, similar to the way the hospital did. He explained that they could use set backs and height limitations that could be handled through the site plan and zoning process. He added that in the fall of last year Mr. Hassel came in with the ½ acre lot subdivision, which was before everything started to change in the area. After this they had sent several notices to staff stating that they had withdrawn this and were proposing other designations for the property. He noted that in May they made it clear that Residential 1 - 2 DU/Acre was no longer a proper designation. He felt that the neighbors across 156th Street would rather have a larger setback than have homes bordering on their property line.

Commissioner Karl Kohlhoff was in support a major trail system and setbacks between the two uses. He felt they needed to support the hospital. He referred to Banner Desert Hospital which started small and kept getting bigger. He felt that this area was not very big in comparison.

Chairman Brigette Peterson referred to the remaining homes on Germann Road next to 156th Street and questioned what the status was on those properties.

Mr. Anderson replied that they controlled two of the homes. He felt that they could have control of the other home within a few years. He pointed out which homes they controlled.

Chairman Brigette Peterson questioned what the person felt about the road coming down to 156th Street and being signalized.

Mr. Anderson deferred the question to Mr. Hassel.

Hudd Hassel, 1643 E. Carla Vista Drive, Gilbert came forward. He informed the Commission that the gentleman that owned the house was Don Hibbert. He explained that Mr. Hibbert was interested in getting the highest cost for his property and was aware that he would have to leave. He noted that twenty of the forty feet had already been dedicated. He referred to the comments about the neighbors east of 156th Street and noted that they were not in attendance that evening. He stated that they continue to spend so much time and energy discussing the neighbors east of 156th Street, when the residents that were there that evening had been the ones to spend so much time on the issue. He noted that they do care about these neighbors and that he had talked to them about the issue. He explained that these neighbors had lived on a dead end for thirty years. Therefore, they were concerned about the heavy traffic that would be coming to their area. He referred to the hospital placement and that there was a General Office designation placed right next to the low density residential. He stated that the moment the hospital was placed in the area there wasn’t any concern about the neighbors to the south or east. He felt that the transitional zoning was “out the window” when the hospital was placed it the area. He noted that they were proposing a plan that the majority of the neighbors agreed about and that they were continuing to get “bantered about” by staff.

Commissioner Joan Krueger appreciated Mr. Hassel’s vigor over the issue, but asked him to be respectful of the staff and Commissioners who had worked very hard to try to find a solution to the situation. She added that she respected the homeowners and that they considered their concerns, as they did when the hospital came along.

Mr. Hassel appreciated Commissioner Joan Krueger’s comments and stated that he generally didn’t speak in these situations because he wasn’t a good speaker and was very passionate about what he believed.

Sean Lake, 10 W. Main Street, Mesa came forward. He stated that he represented 14 property owners in the area. He pointed out where the property owners lived that he represented. He explained that they had worked very hard to keep the “cats together” to propose a cohesive coalition plan. He felt that the plan they were proposing accurately reflected the desires of all the neighbors that evening, with the exception of one area. He explained that the neighbors had worked hard to come up with that plan. He didn’t think that the land uses were very different than what the staff was proposing, just shifted around in different locations. He felt that the buffering could be accomplished in the zoning case with restrictions along the border of 156th Street. He was concerned about the Residential 1 - 2 DU/Acre strip along the east side of the area. He noted that if they took a strip of land 600 feet wide and ½ mile deep and designated Residential 1 - 2 DU/Acre it would be a very difficult parcel to develop. He explained that they would have to place large lots on the east part of the development, which would not leave much left to develop. He felt that the same buffering could be accomplished through office development and trails. He was opposed to the designation of Residential 5 - 8 DU/Acre as proposed by staff since that would be a stand alone parcel. He preferred that this designation be changed to Office, like the rest of the property that they represent. He felt that the circulation was good. He urged that the Commission recommend approval of the coalition plan to the Town Council. He wasn’t sure how much longer they could keep the “cats penned up”.

Commissioner Shane Leonard questioned how long Mr. Lake felt that they could keep the “cats pinned up” if they didn’t get a recommendation for approval that evening. He didn’t want the coalition to disassemble as they were working so well together. He asked if they could discuss the matter again in a few weeks, allowing the staff and neighbors to work together.

Mr. Lake didn’t think that the coalition would fall apart in two or four weeks. He preferred that the Commission move the item forward that evening, but they would be willing to continue to work with the staff and incorporate the neighbor’s ideas.

Chairman Brigette Peterson pointed out that the coalition had been going strong since August of last year when they started discussing the hospital.   She added that they had a deadline of December 31 for the General Plan amendment for the Town Council.

Commissioner Karl Kohlhoff congratulated the residents on the circulation plan. He felt that 156th Street should be the quarter mile section and that Melrose should go through, allowing for better circulation. He added that 156th Street was a buffer, along with a trail and setbacks that could be implemented.

Commissioner Joan Krueger requested that the staff place Alternative 2 on the overhead for her to review.

Ms. Cadavid placed Alternative 2 on the overhead. She noted that there was some support by Utaz Development and a few other owners.

Lawrence Grennel, 10040 East Happy Valley Road, Scottsdale came forward. He stated that he loved cats, but was not a part of the litter that was being referred to that evening. He added that he did not have any relationship with the rest of the coalition. He pointed out that he was developing the corner of Willis and Val Vista. He congratulated the staff from the standpoint of considering residential in the area. He emphasized how important the residential was to the area. In all the developments that he had done in the past, residential was adjacent to their projects and adjacent to the hospitals. He questioned if residential would be a component to the development west of Val Vista.

Chairman Brigette Peterson stated that to the west of the Banner property was a school site.

Mr. Grennel stated that they needed to have senior housing next to the hospital and that it was important to address this issue. He noted that in other areas seniors liked to live close to the hospital and be able to walk to the hospital. He felt that the staff had placed the residential development in an appropriate place, next to the hospital.

Commissioner Karl Kohlhoff referred to Friendship Village which was next to Banner Baywood and stated that they transported people to the hospital.

Mr. Gennel replied that he knew seniors could get transportation, but that seniors should be placed as close to the hospital as possible. He felt that senior housing was a social responsibility and needed to be addressed.

Chairman Brigette Peterson commented that in her experience she had volunteers that walked to the hospital, Banner Baywood. She agreed that there should be housing close to the hospital for seniors.

SG Ellison, 1230 W. Washington, Tempe came forward. He pointed out that they owned property at the northeast corner of Germann and Val Vista Roads. He supported the plan with the minor change of allowing low intense commercial at the corner.

Chairman Brigette Peterson closed the public hearing. At 7:55 P.M. she requested a five minute break.

The Commission resumed at 8:05 P.M.

Planning Director Jerry Swanson stated that the staff would like to raise a few points for the Commissions consideration. He explained that some of them were the parameters for what they used to base the staff recommendation. He commented that this was the first time that the Town had initiated a neighborhood plan where most of the participants had a short term interest. He indicated that most of the time when they do neighborhood planning they have people there trying to protect their neighborhood and keep development out. However, this was not the case that evening. In contrast, the Commission was hearing testimony from investors, property owners, developers, architects and attorneys representing property owners and developers; all who wish to convert the neighborhood from the existing General Plan of Residential 0 - 1 DU/Acre to some higher intensity. He explained that this was happening because of the influence of the freeway, the intensity of the roadways, and the hospital facility. He noted that the development potential in the area was tremendous and was not provided in the General Plan. He stated that the Planning Staff recommended to the Commission, and they concurred that it was time to revisit the Plan. He advised that it was essential that land assembly take place for the staff to annex and implement whatever plan they do. In order to have a cohesive plan annexation would have to take place in larger chunks, probably about forty acres each, so they do not have County islands. He thought most of the people understood this and that it was their intent. He added that the staff believed that because the Town’s General Plan had always been Residential 0 - 1 DU/Acre and the County residential owners to the east of the property had invested substantial amounts of money in large lots based on the Town’s Plan, they were in a different situation than they were in the Gateway Area. In the Gateway Area the staff had stated that the Town’s plan had always been higher density and people chose to build rural residential development in the county. Therefore, he felt that the Town didn’t have the same obligation in the Gateway Area that it had in this area.   He added that they needed to respect those investment decisions that were based on the Town’s Plan. He stated that they did need to supply some sort of transition, but that it didn’t have to be exactly what was shown on the staff’s plan. He concurred with the Economic Advisory Board and Economic Development Staff that forty acres was the smallest amount of property that would be needed to develop as a business park. While they had shown a forty acre parcel on the plan, this wasn’t the only way that this could be laid out. They agreed with the Economic Advisory Board that there needed to be higher density residential family project, with a minimum of twenty acres, in proximity to the hospital. He felt that the Val Vista frontage was a good location with a signalized intersection on a collector street. He stated that they were very concerned that they get the 154th Street connection to Willis Road and were requiring this of the developer of the hospital office park, but the remainder of the road was located on properties within the planning area. Without this dedication, staff did not support the densities that were being supported by any of the alternatives. He didn’t believe based on existing and planned land uses in the area that there was any additional need for retail in the planning area. Until the Town establishes a General Plan, other than Residential 0 - 1 DU/Acre, in the plan area, they would continue to see continued land investment. Until they set the land use and intensity in the area, they knew that Residential 0 - 1 DU/Acre would not continue but were not sure what it would be. He stated that it was certainty that creates stability in land pricing because people know what they can do with their property. He pointed out that this was not a very large area in that there was only a half mile to transition between a rural residential lifestyle and one of the busiest roads in Gilbert. Therefore, the transition would probably be more abrupt to what they were used to seeing because the intensity in the area is greater and it wasn’t a very big land mass. He asked that the Commission provide direction on the case.

Commissioner Joan Krueger asked for clarification in Mr. Swanson’s explanation. She questioned if Mr. Swanson was suggesting that the high density residential needed to be at least twenty acres.

Mr. Swanson agreed that the Residential 14 - 25 DU/Acre component needed to be at least twenty acres.

Commissioner Joan Krueger questioned how much acreage was proposed in the residents’ plan for Residential 14 - 25 DU/Acre.

Someone in the audience replied that there was 21 acres designated as Residential 14 - 25 DU/Acre in the residents’ plan.

Commissioner Joan Krueger wasn’t sure what the Traffic Department would say about the circulation for the higher density residential in the residents’ plan.

Commissioner Karl Kohlhoff felt that General Plans change with time. One of the impacts that no one saw when they did the General Plan ten years ago was the placement of the hospital at Val Vista and the freeway. He felt that when they placed the hospital at that location they impacted the whole area. He stated that he watched the Banner Baywood expand and that they did not have enough room. He wanted the Commission to look broader and allow for the hospital to expand into the area to the south.

Commissioner Dan Dodge commented that they needed to work more on the case.   He liked the circulation and the connection of Melrose to 156th Street on the neighbors’ plan. He agreed with Mr. Swanson in that they had an obligation to the neighbors east of 156th Street. He stated that this was the first time that he had heard from the pubic that they should ignore buffers and place higher density next to neighbors. He was concerned about this and felt that the plan proposed by the neighbors could be melded with the staff’s plan. He suggested that the Residential 5 - 8 DU/Acres could be extended north to Willis and be made Residential 1 - 2 DU/Acres. This would allow for a high end development and provide a buffer to the low density residential development to the east. He questioned whether the office use in the northeast corner would be feasible since there wasn’t a lot of circulation provided. Therefore, he felt this area might be better suited for residential. He didn’t have a strong opinion on where the high density should be located.

Commissioner Shane Leonard was not comfortable recommending either plan. He was curious about whether they should place some Community Commercial on the corner in response to the comments made by the residents. He felt strongly about buffering the neighbors east of 156th Street and that they should consider a less intense Neighborhood Office use. He agreed with Commissioner Dan Dodge in that they had an obligation to consider the neighbors and buffering their development. He didn’t think it was appropriate to place two story buildings, whether it be residential or office, next to these low density homes. He thought it was appropriate that they maintain the current size of Residential 14 - 25 DU/Acre and liked the way the residents plan placed the project next to 156th Street. He thought it would be appropriate for the staff and neighbors to review the plans again and come back at the November 3 meeting.

Commissioner Joan Krueger was a little confused on what the Commission was hoping to accomplish. She stated that if they were going to send the item back to the staff and not approve it that evening that they needed to be very specific on what they wanted to see changed. She felt that they could work through the issues and come to a conclusion that evening. She added that the neighbors had been very patient, they had several alternatives in front of them, and that they had heard a lot of input from everyone involved. She felt that if they didn’t make a decision that everyone needed to provide specific detail to the staff.

Vice Chairman Michael Monroe agreed with Commissioner Joan Krueger in that they should try to come to a consensus that evening. He disagreed with placing Residential 1 - 2 DU/Acre where the staff proposed it and felt that it would be difficult to work it out architecturally. He felt that things had changed with the hospital coming into the area. He agreed with Commissioner Shane Leonard’s plan to place the Residential 14 - 25 DU/Acre all the way to 154th Street. He felt that there needed to be more of this high density located next to the hospital. He agreed that Community Commercial would be a good use at the corner Melrose and Val Vista since it would be signalized. He felt that they would not have traffic issues in the General Office in northeast corner as the developer would need to include a circulation plan in that large parcel.   He agreed with Commissioner Joan Krueger in that if they continued the item they needed to give specific direction to the staff.

Chairman Brigette Peterson reminded the Commission that they were there to make a recommendation to the Town Council. She felt that to continue the item would be senseless. She felt that they should tell staff what their recommendation was and then the Town Council could make the final decision. She added that they had been working on the item since May and that she would like to see it move forward.

Vice Chairman Michael Monroe agreed with Chairman Brigette Peterson.

Commissioner Dan Dodge thought that there was too much commercial in the neighbors’ plan. He added that forty acres was minimum for a business park. He liked where the high density residential was located. He suggested that they extend the business park into the proposed Community Commercial parcel and east into the Community Commercial parcel and have one large business park. He also suggested that they extend the Residential 5 - 8 DU/Acre north to Willis, providing a twenty plus acre residential development and change it to Residential 1 - 2 DU/Acre. This would provide a buffer to the neighbors to the east and a good size development.   He added that the 20 acres of Community Commercial that was proposed was too big for this designation in the General Plan. He wasn’t opposed to adding a small commercial component at the corner of Val Vista and Germann. He felt that a large business park next to a hospital made a lot of sense. He added that there was a lot of commercial designated land within a mile circle of this area. He liked the rest of the area as proposed by staff.

Commissioner Joan Krueger identified four major areas that needed to be discussed. The first area was the residential; they needed to figure out where, how much and what kind. Traffic; they needed to identify if they were going to revise the connection of Melrose to 156th Street. The third issue was the commercial component; how much they wanted to recommend and where it was to be located. Depending on these issues, they needed to determine what buffer they would recommend to the neighbors east of 156th Street.

Commissioner Shane Leonard agreed that they could move the item forward to the Town Council. He felt the Business Park was vital. He agreed that there was too much commercial and that they didn’t need additional commercial. He felt that the acreage was too large and that a shopping center would not be appropriate in that area. He had two concerns. First he thought it was appropriate to take the business park north and bring the high density project to 156th Street. Secondly, he didn’t think that placing Residential 1 - 2 DU/Acre was appropriate anywhere in the area. He felt that Neighborhood Office (NO) would be more appropriate as it could only be single story and could be buffered appropriately.

Commissioner Dan Dodge agreed that Neighborhood Office (NO) would be a good buffer. He thought that a high end residential development would sell out the day they announce the lots. He was concerned that the Neighborhood Office (NO) tucked off that far off the major streets may have a problem developing.

Commissioner Shane Leonard replied that if the Residential 1 - 2 DU/Acre developed first than they would be next to the General Office designation.

Commissioner Dan Dodge responded that the difference was that they would be developing with the knowledge that the General Office would be placed next to their homes. In contrast, the neighbors east of 156th Street developed with the assumption that Residential 0 - 1 DU/Acre would be next to them.

Commissioner Karl Kohlhoff suggested that they move the Business Park up to the Community Commercial area and move the Community Commercial parcel down to Germann. Where the Residential 14 - 25 DU/Acre was located inside the loop, make the whole area this designation and take out that Community Commercial. He felt that the mitigation and buffering would take place in the General Office designation by placing landscaping and parking lots next to the residential. He agreed with the Residential 5 - 8 DU/Acre where it was located with a trail next to it, along with landscaping and single story residential units.

Vice Chairman Michael Monroe questioned how much acreage the Residential 14 - 25 DU/Acre would then be per Commissioner Karl Kohlhoff’s suggestion.

Mr. Swanson advised that each of the four quadrants was forty acres.

Commissioner Karl Kohlhoff stated that the Residential 14 - 25 DU/Acre would then be about 33 acres.

Chairman Brigette Peterson questioned what could be placed in Community Commercial.

Mr. Swanson replied that retail uses of 50,000 square feet or smaller per user, such as offices and service type uses.

Chairman Brigette Peterson asked for Mr. Swanson to provide examples of uses that could go in this area.

Mr. Swanson replied that a grocery store could not be placed in this area, but that a fitness center would be an example of something that could go in a Community Commercial. He added that the southeast corner of Val Vista and Elliot was a Community Commercial site with a fitness center. The northwest corner with the Osco Drug was a Neighborhood Commercial site. The northeast corner was a Community Commercial site. The southwest corner, with Safeway, was a Shopping Center site.

Chairman Brigette Peterson stated that she worked in a hospital and that there was not any place convenient for them to go to lunch. She was concerned about what would be accessible for the people working in the hospital.

Commissioner Dan Dodge pointed out that to the west of the hospital was Regional Commercial.

Chairman Brigette Peterson clarified that this parcel was owned by Banner and they were not sure how they would develop the parcel.

Ms. Cadavid used the visual aid to point out the additional commercial parcels that were located around the hospital.

Chairman Brigette Peterson agreed to have the Business Park go north into the Community Commercial area.

Mr. Swanson reminded the Commission that the proposal that the staff provided had the multi - family component in that area. He questioned whether the Commission wanted to move that south to Germann. He questioned which plan the Commission was referring to in their recommendations.

Chairman Brigette Peterson replied that they were using the neighborhood plan to base their recommendations off. She stated that they would use the staff’s plan for future recommendations.

Chairman Brigette Peterson suggested that they remove the Residential 14 - 25 DU/Acre and continue the Business Park north into that area.

Commissioner Karl Kohlhoff recommended that they make the bottom twenty acres Community Commercial.

Commissioner Dan Dodge felt that twenty acres was too big for Community Commercial.

Chairman Brigette Peterson suggested that they place make the Community Commercial fifteen acres along Germann Road. She asked the Commission how they felt about the 33 acres as Residential 14 - 25 DU/Acre north of Germann Road. She felt that everyone in the Commission agreed that Melrose should be connected to 156th Street.

Commissioner Dan Dodge felt that 33 acres might be too much high density residential.

Ms. Cadavid advised that the staff was proposing 20 acres of Residential 14 - 25 DU/Acre, calculated at 20 dwelling units per acre which yields about 300 residential units.

Commissioner Joan Krueger added that the staff was proposing 85 acres of total residential and the Commission was knocking it down 45 acres of residential.

Chairman Brigette Peterson questioned whether the Commission wanted to recommend General Office or Neighborhood office in the last section.

Commissioner Dan Dodge stated that they couldn’t place General Office next to the county residents.

Chairman Brigette Peterson reminded the Commission that they had placed General Office next to residents in the hospital project. She added that they had very specific requirements.

Commissioner Dan Dodge responded that they approved this as part of a zoning case, not as part of a stand alone General Plan amendment. He explained that they had done the amendment in conjunction with a zoning case where they put in place restrictions. He didn’t think they could place General Office next to residential as they couldn’t place restrictions on the land use designation. He stated that from a planning standpoint they would never plan General Office right next to a residential development. He thought Neighborhood Office would be a good buffer next to the residential development, but didn’t think it was feasible up in that corner.

Chairman Brigette Peterson pointed out that in alternative two, staff had placed Neighborhood Office in the right hand corner.

Commissioner Dan Dodge didn’t see why the Residential 1 - 2 DU/Acre was not viable in that location.

Chairman Brigette Peterson didn’t think that people that worked in the hospital would live right next door. She added that no one would want to live next door to the hospital that they worked in.

Commissioner Joan Krueger added that no one would want the helicopters coming over their homes.

Vice Chairman Michael Monroe questioned what the difference was between General Office and Neighborhood Office.

Mr. Swanson advised that the difference was that in General Office there was the ability to build multi story buildings and that the uses were generally the same.

Vice Chairman Michael Monroe felt that the odds of having a two story office next to the residential was slim and that Neighborhood Office (NO) would be more appropriate next to 156th Street in the upper ten acres.

Ms. Cadavid asked for clarification. She used the visual aid to point out what she felt the Commission was recommending; Business Park extending to the north; the major collector, Melrose Street, would bend down to 156th Street; the remaining acres under the bend, between 30 - 33 acres, to be Residential 14 - 25 DU/Acre; and in the north, extending to the east along the lot line, the Neighborhood Office.

Commissioner Joan Krueger referred to the northeast parcel and indicated that they wanted to only make the upper ten acres Neighborhood Office.

Chairman Brigette Peterson pointed out that they had left the other portion along 156th Street, above the loop road as Residential 5 - 8 DU/Acre.

Commissioner Joan Krueger added that the portion east of 154th Street that was originally proposed by staff to be Neighborhood Office would be changed to General Office, located from Willis Road to Melrose Street.

Commissioner Joan Krueger noted that the lower section of the Business Park would contain fifteen acres of Community Commercial along Germann Road.

Ms. Cadavid reviewed the changes made by the Commission: extend Business Park to the north to make the entire acreage Business Park; twenty acres of General Office will remain as designated by staff; General Office will extend from Willis Road to the Melrose alignment east of 154th Street; Neighborhood Office will be designated at the four northeast lots; Residential 5 - 8 DU/Acres would be located between the curved Melrose Street and the southern boundary of the new Neighborhood Office created district.

Chairman Brigette Peterson suggested that the 15 acres of Community Commercial be placed across the bottom of the Business Park from Val Vista to 154th Street.

Chairman Brigette Peterson questioned what the Commission felt about the proposal.

Commissioner Dan Dodge disagreed with it on several principals. He felt that it contained too much commercial and the Commission was not looking at the big picture of the other property around the area. He didn’t think Residential 5 - 8 DU/Acre was appropriate next to the Residential 0 - 1 DU/Acre. He wasn’t sure that 35 acres was appropriate for high density residential.

Commissioner Karl Kohlhoff stated that the 33 acres was about the same size as the Friendship Village that was located next to Banner Baywood. He hoped that some developer would come in and develop it as a retirement community.

Commissioner Shane Leonard was also not in favor of the Residential 5 - 8 DU/Acre next to the low density residential properties. He didn’t think that multi - story homes should be next to these homes that were on one acre.

Ms. Cadavid verified that Residential 5 - 8 DU/acre would contain homes that were two and three stories.

Commissioner Shane Leonard suggested that they place additional Neighborhood Office in that place, extending the Neighborhood Office south to Melrose Street.

Commissioner Dan Dodge added that if the Neighborhood Office was extended south it would provide the buffer to the neighbors. He suggested that they split the south east section into a combination of Residential 5 - 8 DU/Acre and Residential 14 - 25 DU/Acre.   He added that he didn’t see enough consensus to go with the Residential 1 - 2 DU/Acre, which he felt was the best buffer.

Mr. Swanson suggested that if they take the entire south half, the eighty acres, less the Community Commercial parcel and make it all Business Park, and then place the high density residential back to Val Vista they might be solving the remaining issues. He felt that Business Park made a pretty good buffer to low density residential.

Ms. Cadavid used the visual aid to point out Mr. Swanson’s suggestion; extend the Business Park to 156th Street, leaving the Residential 14 - 25 DU/Acre as stated by staff and leave everything else as the Commission had noted.

Commissioner Joan Krueger felt that with this revision everyone would have good circulation and access.

Mr. Swanson added that anything over 20 acres was hard to develop for one user in a multi - family developer.

A motion was made by Commissioner Shane Leonard, seconded by Commissioner Karl Kohlhoff, to recommend approval to the Town Council GP04 - 13 as amended: the approximate 80 southern acres to be Business Park, except for the fifteen acres of Community Commercial located at the northeast corner of Germann and Val Vista Roads to 154th Street; the northwest half of the quarter section would be left as proposed by staff; the northeast quarter section would contain the west twenty acres as General Office and the east remaining acreage to be Neighborhood Office.

Motion Carried 6 - 0.

ADJOURNMENT

Chairman Brigette Peterson adjourned the meeting at 9:25 P.M.

Chairman Brigette Peterson

ATTEST:

Recorder Trasie Johns