welcome to the August 14 2024 city of Mesa Planning and Zoning Board uh public hearing first we'll uh Begin by having a roll call of the members uh Vice or chairman SS is absent I'm Vice chair pitcher uh board member Peterson here board member montz here board member blakeman here board member Carpenter here and board member forword here as as part of today's agenda we will have a consent agenda that will be read into the record and acted on in one motion they will not be discussed individually and uh board member carpenter has has agreed to uh read the consent agenda today um were there any other uh blue cards or comment cards that we received great then why don't you go ahead and uh read the consent agenda all right uh items of of the on the consent agenda uh approval of the minutes of previous meetings pz 24099 minutes from the July 24th 20124 planning and zoning board meeting uh pz 2410 uh Z24 00145 Walmart fuel 5349 district 6 within the 8200 to 8400 block of East Guadalupe Road Southside located west of Haw Road and south of Guadalupe Road Road major site modification this request will allow for a service station staff recommendation approval with conditions uh z 24274 uh WM fuel Mesa 3799 District 4 within the 100 to 400 blocks of West Baseline Road North Side located east of Country Club Drive on the north side of Baseline Road major site modification this request will allow for a service station staff recommendation approval with conditions Z24 d571 city of Mesa fire and medical station 223 in District 1 uh within the 3200 to 3400 blocks of East mcdal Road on the North side located north of mcdal Road and West of Valvista Drive rezone from single residence 35 rs- 35 to public and semi public and sight plan review this request will allow for a fire and medical Public Safety Public Safety facility staff recommendation approval with conditions and Z 24-30 Southgate Commerce Park phasing plan in district 6 yes sir oh thank you uh let me restate that uh Z24 d003 uh Southgate Commerce Park phasing plan district 6 within the 8,800 block of East main road on the North side and the 7300 to 7600 blocks of South 88th Street East Side located north of Germaine Road and West of Ellsworth Road rezone from Office commercial with a planned area development overlay neighborhood commercial with the planned area development overlay and light industrial with the planned area development overlay to oc- pad nc- pad and li- pad to modify the existing pad to to allow for phasing of the proposed Business Park staff recommendation approval with conditions I believe that's it do we we need to review the we need to read the one that's uh also being continued correct that which one we oh sorry z- 22- excuse me Z 22-10 0152 there it is RWC building supplies in district 6 within the 10,600 block of East posos Road and within the 6600 to 6700 blocks of South 222nd Street located west of signal but road on the north side of Pacos Road major site plan modification and amending the conditions of approval for case number z20 d447 and special use permit this request will allow for an industrial development stacker recommendation continue to to to August 28th 2024 planning and zoning board meeting thank you board member Carpenter um I will entertain a motion to approve the consent agenda motion to approve do I have a second second please vote board member Farnsworth how do you vote I thank you it passed unanimously we will next uh move on to the um the matters that are off consent uh first matter is uh the Culver Estates we will have a presentation and then we'll open it up to um public hearing case z123 00369 it's a specifically it's a two requests it's a request for a rezone from a single residence 35 to rs35 with a planned area development and a preliminary plat which would allow for the creation of a six lot subdivision uh the subject property is cross-hatched on the map here we are generally south of McDow on the east side of Haw um south of Nance Street subject property is currently undeveloped here's a photo of the site we're looking North from Culver the general plan designation for this area is neighbor neighborhood with a desert Upland subtype uh specifically the desert Upland subtype the intention is to provide safe places for people to live where they can feel safe it allows for larger Lots with natural desert preservation um rs35 is a primary land use within the desert Upland subtype uh getting back to the larger Lots with natural desert preservation there is a requirement within the desert Uplands uh character subtype that they preserve 50% of each individual lot is a non-disturbance area so any development on a lot uh including a house um any accessory buildings pools driveways all anything that's Disturbed on a lot needs to be contained to 50% of that lot area um as I mentioned the request is to rezone to rs35 single residence as a permitted land use in this zoning District uh there are just a couple three deviations as part of the pad the first one is to allow for lots to have Frontage on a private Street the track that runs through the middle of this the subject site is a private Drive where all the homes would access second is a slight reduction to the minimum lot area rs35 has a 35,000 ft minimum lot area the applicant is requesting a minimum lot size of just over 34,000 Square fet uh lastly is for lot width the minimum lot width in the rs35 district is 130 ft there are two lots that are under that at uh 46 ft and 62 ft here you can see the plat the overall size is 5.3 acres in size as I mentioned there are six Lots with a tract that kind of runs through the middle that's where the utilities and Ingress and egress would be located uh the net density for this development is 1.15 dwelling units per acre again as I mentioned there the maximum area of any individual lot that could be disturbed is 50% uh where that 50% is located on the lot would be determined at the the time of Permitting uh staff does find that this is in compliance with the Mesa 2040 General plan as well as the requirements for a pad and all the subdivision review uh subdivision regulations from section 962 and I am happy to answer any questions the board might have does the board have any questions then we will invite the applicant to come up and uh make a presentation good afternoon uh board members my name is David Bon and with bfh group that's actually now a matrix Design Group um but you'll probably see bfh group all over what you're looking at um I'm the civil engineer and the applicant for this particular project um I think Evan shared uh essentially what we're we're trying to do here um nothing nothing too crazy we're not trying to deviate from from the intent of the desert Highland area uh we're maintaining the lot sizes um the the challenge is the the configuration of the lot and the proximity to to ride away and things like that so that's one of the reasons why we're requesting uh some minor deviations um however everything else is is compliant and and uh yeah we've we had uh we had some conversations with the neighbors um uh some of the concerns that came up um that I'm sure you're aware of were uh densities in the area that were um being proposed by other groups um that was a big concern uh as well as potential fencing and then uh and then Gates um but uh we're definitely happy could answer any questions um as far as that goes and uh yeah we're we're here to here to help so thank you thank you uh we'll open it up now for the uh the members of the public I I've got one card so um what I'll do is I'll uh have Mr sindler come up and uh you have three minutes okay three minutes for three minutes to talk for 5 a three well three minutes I I don't have one for the uh well they're both the same and if you notice that uh one say cver Estates and one says Culver Garden Estates which is fine with me I mean if you want to take that kind of time that's fine um what we will uh have you do is uh uh we'll have you uh speak and then we'll have the uh the applica come back up and and address any issues that you've got all right very good thank thank you this is my first time doing this so uh bear with me a little bit so um I have actually a picture here um you've saw the the map that was above and this is sort of another aial but one of the things that's not this street right here is 87 street so it is directly right in the middle of of this area and this is Culver uh running east and west and then this is the Madrid area and this is N Street up above so all of those are will come into play um this is the narrative that I pulled off the website regarding uh Culver Garden Estates and to be honest with you when I first got that in the mail I thought maybe that it they had wanted to send it to my deceased father who used to live in Florida because this is the desert we don't have water and we don't have Garden Estates unless it's a mortuary or something so I was a little surprised with that but anyway reading reading through this the very first thing that sort of uh jumps out it says the location and description of the surrounding area says the property is located south of East Thomas Road by approximately 700 ft and west of North Waterberry Road that's incorrect it's 700 ft south of uh uh McDow and it's actually east of Waterberry so you know somewhat this attention to detail kind of uh uh kind of comes to mind as you're as I'm going to go through this um and it that property is currently undeveloped but as you saw in that picture can see in this picture there are a half a dozen very very well defined water areas where water comes from it's very high to the north it runs down to the Southwest there's a lot of water that that flows through that area um and uh so it that's going to be a little bit of a concern just in terms of how it's how it's divided um the one request is to make it a pad and it was just described here too about May having it be a private Road off of Culver but then it says that it was not gated so that's a little confusing how would you have a private road that's not gated and uh and one of the comments here says development of this property will not only be a tremendous boost to the character of the area but it will also make the area safer and more appealing to cuture Future and current residents well I'm a current resident I feel pretty dog on safe and I also enjoy not having a lot of lights a lot of uh street lights no sidewalks i' like seeing all the wildlife so that's really the big concern what's this property going to look like with respect to you know having the Dark Night the dark vision that that we in the county uh areas that have so um there were three things that jumped out in terms of uh you know the size of the lot and I guess my real question is why not just run 87th Street straight up and maintain this RS 35 designation versus making it a private road having it be a pad and then then requiring the streets and the sidewalks and street lights and all the rest of that uh that's associated with that so you know now there's no sidewalks there' be sidewalks there there's no it's no gated communities I'm not really sure now if it's going to be a gated community or not but the implication is going to be a private road and the fact that it written in this uh write up that it's going to be a Comm gated Community um it says in in uh page what am I page five uh point a the develop propos private gated access to the properties and can therefore not be a public street so it's right in the right up that uh that's that's being proposed for this particular property um so that that really is you know and and I guess if you're going to have a private property over there you're going to have six properties and the HOA fees for six properties are probably going to be uh crazy so really I guess in terms of what would be a uh uh a solution number one like I said uh it kind of feels like it wants to be a Madrid well if that's the case why not just come in here off of Nance now uh one comment had been made is that well we're worried about the the water going down N Street well I can tell you it would be a lot less expensive to put a covert underneath a road coming off of Madrid from the north versus putting some sort of gate and and reconstruction off of cver for Culver Garden Estates so that would be number one or number two just eliminate the whole pad designation bring 87th Street straight up call it Estates on 87th you could still get your same six houses in there but you wouldn't need to have sidewalks you wouldn't need to have street lights we' be able to maintain the same F we're all safe we all have dogs we all walk around and wave to each other other and uh you know this is going to be sort of like the Dr Seuss with the who you know the way it's being proposed now there's going to be six houses out of 36 that are going to be behind the gate and underneath the lights and I'm I don't see how that is very neighborly at all so that's uh that's my comments on on that so thank you appreciate it appli come back and address some of these issues oh thank you uh members of the board um some of the some of the comments and I I hope I addressed them all but um some of the main ones was uh the question of why we don't come from the north um one that's a that's part of a subdivision and there's a track separation between us and and that property we did explore that actually um uh and it's just it's not possible without obtaining some kind of easement or some kind of function to go within that Community which is also gated um and so it's it's tough as you know doing a subdivision that ties into another subdivision um in that fashion um so so that didn't didn't work out um as far as providing um a straight shot uh with right of way as you can see some of the Lots um they they have adequate dep depth with what we're proposing now however you you throw in a ride away that's 50 foot minimum with the city of Mesa which now Narrows the Lots even more um and so and then it also negates the possibility of a of a gate and so um based on the area based on the um proposed luxury lot um that we're uh that hopefully the end user I would imagine um that's what they would be looking for ultimately doing a custom home they would want a gated community as well um so those are some of the some of the reasonings behind uh why we chose what we chose um it was to help maintain the Integrity of the area U maintain the Integrity of the zoning however there had to be some deviations to make it all work yes sir uh Mr Mr Sandler had a couple other questions one is water flow and the other is Dark Knights can you address those at all um water flow will uh be addressed during the final grading and drainage um so yes there are there are going to be flows off site um that will'll have to pass through um it's the obligation of the engineer um ultimately to design and locate obviously the structures any other facilities to help allocate that so that it's not increasing the flow the depth all those things so there's it's going to go through the ringer as far as the engineering but um to that point those are acknowledged those are those are cited on uh as as part of the final engineering component um so the the obligation of the developer and the individual lot owners is to allow anything that's coming from the offsites to pass through um so that's uh that that is noted that's just that's the character of the area there's going to be washes there's going to be uh and it actually beautifies the area so my my best guess is everyone's going to leave it alone they're going to want to keep that and just let it flow through and do what it does um however I can't stipulate to what uh a future homeowner is going to do with their property and which which area they're going to allocate as the naos so um what was the other one the Dark Knights oh Dark Knights um that might be better answered by um somebody from from planning but it's not part of the the city standards we if I could get rid of the street lights absolutely that'd be great that makes it less expensive for our developer however I think that's part of our requirement with zoning so I would probably defer to you Evan to help answer that one but that's my understanding thank you uh thank you so uh Vice chair board members so regarding um dark skies and and street lights the it is a private Street uh we can explore a little further with with Transportation what those specific requirements would be and if there's any uh latitude for maybe not requiring street lights that's absolutely something that we can look at to give you an idea of where this is in the process so they're asking for rezoning right now in a preliminary plat kind of the next step after that is a final plat they have to do Improvement plans um they show the streets and and if there are street lights how all of that stuff works so we are still um we're in the process we have a few steps to go before everything is finalized so that's definitely um a conversation that we can have with Transportation especially if the applicant is AD meable to see if there's anything that we can do as far as street lights go um as far as lighting goes we have specific lighting requirements doing the zoning ordinance as far as um like houseside Shields nobody especially in this area wants to flood their neighbor's yard with light so we are cognizant of that we have uh parameters in place in the building code and also the zoning ordinance for that and we are happy to continue that conversation with Transportation about street lights thanks s did you have a question Evan on the the question on the Gated um Community is that a so so it will be gated is that correct so this uh we we talked to Transportation about it so it's a private Drive private drives can be gated private drives don't have to be gated it could just mean that it doesn't meet the the city standards so as as David mentioned we have a specific wrer way requirements for city streets if an applicant deviates from that then it becomes a private Street and the city would not maintain that so just because it's a private Drive doesn't mean that it has to be gated if it were to be gated we talked to Transportation the right of way in that area is All County RightWay mcdot um is the the ultimate you know jurisdiction as far as that goes um given the location of of the subdivision on um Culver it's kind of on a on a bit of a knuckle we talked to Transportation about it if this were city of Mesa right away they wouldn't necessarily have concerns if it were to be gated just given the configuration of the streets in the area and that that straight private drive so um I think the city doesn't really have a preference either way it could be gated um it could not be gated and still be a private Street and and would um would it need like a typically gated you have a little turnaround and that kind of stuff yeah would it need that if it so at the end of the day that would be um up to the county because Culver is County RightWay um that would he the applicant would work with the county on that if this were in Mesa given again given the configuration of the lot and how it it's on a a corner like that the city transportation department wouldn't really have concerns with that for this specific development but at the end of the day that's a a county call okay gotcha what if I guess what if the county requires something that then makes the lots that takes out of the lots and makes them smaller than what the pad is approving yeah that's that's a good question so the deviations that are approved with the pad would go in the ordinance and those would be the the new requirements for this area if it gets into a scenario where we need to do a gate we need to do a turnaround with a ball bout and all those things and the Lots get smaller the applicant would need to come back and amend um amend the pad for a reduced lot size okay gotcha thank you um unless there's any other uh people that wish to speak we'll we'll close the public hearing um and we'll open it up for any other questions comments board discussion that that anyone would have if not then I'll entertain a motion on this one and vice chair board members if if I could provide a little bit of guidance so for items 4 e and 5A those can be voted on together but you will need to read both of those descriptions into the record so I will now entertain a motion for for both move to approve I as I recall you have to we have to read the whole thing for the motion oh correct is that is that correct I'll read it if you'd like me too go for it yeah yes you would make a motion to approve you and you would read the the item numbers and then you would read the entire descriptions of both um 4E and 5A all right see if I can do this correctly here please C if I do it wrong uh so I move to approve item 4E uh pz 24104 z 23- 00369 c States District 5 within the 8 600 block of East Culver Street north side and within the 8600 and 8,800 blocks of East N Street Southside located south of McDow Road and East of Hall Road rezone from single residence uh 35 to single residence 30 to single residence 35 of the planned area development overlay this request will allow for a single residence subdivision uh I read the bfh group part you you read the staff recommendation okay got it thank you um with a staff recommendation approval with conditions I also move to approve uh item 5A pz 24105 Clover Garden Estates preliminary plat District 5 within the 8600 block of East Clover Street north side and within the 8600 to 8,800 blocks of East N Street Southside located south of mcdal Road and East of Haw Road preliminary plat um staff recommendation approval conditions thank you do I have a second a second please vote and board member farnworth how do you vote I it passes unanimously so we will move on to the next matter which is uh item 6A and 6B we'll have a a a short presentation on on um and you can do the presentation for both of them I will be recusing myself from this case thank you does he need to or can we just V sep you know it I mean I'm okay if we if you're comfortable with what we had in the study session then we don't have to have it present again anybody want him to present again thanks Evan we'd like to see you but it's okay if we don't okay so now I'll read vote do I right after the meeting's over you so what we'll do is uh we'll move to if uh if anyone has a motion to approve or dis uh or reject we can do that start there Vice chair you would need to open the public hearing for the item first to see if there any I don't have any uh cards so I'll open a public hearing and I'll close a public hearing yeah so we'll go ahead and and entertain a mo and vice uh Vice chair if I could add one correction to um to one of these cases so for zo2 23- 0082 that is the the reone request um I want to enter an correction to the record for condition number three it states to execute and comply with the development agreement da 24-23 and all future amendments to it that da number should actually be da 24-4 so when reading in the motion if you could just um say with the conditions as amended condition okay so move to approve item 6A Z 24- 00617 Merit Partners Legacy Business Park GP Amendment district 6 within the 9700 to the 10,000 blocks of East Pacos Road and within the 6600 to 6800 blocks of the future South krisman Road alignment located north of Picos Road and East of Ellsworth Road minor General plan Amendment this request will change the general plan character area type from mixed use Community to employment Rec recommendation is to adopt correct okay and wait let's have a vote on that one first oh we need to do it separate yeah do do we have a second second please vote it's checked it's not working and board member Farnsworth how do you vote I with um unanimous and uh one abstention and one absence it passes uh we will move on to item 6B I move to approve item 6B z123 -82 Merit Partners Legacy Business Park District 6 within the 9700 to the 10,000 blocks of East Pacos Road and within the 6600 to 6800 blocks of the future South krisman Road alignment located north of posos Road and East of Ellsworth Road reson from agricultural to light industrial with the planned area development overlay site plan review and Council use permit this request will allow for a DAT a Data Center and recommendation is approval with conditions as amended do I have a second second second board member forworth hi thank you and that passes as well from the planning director uh Vice chair board members uh no additional updates with that then I will uh entertain a motion to adjourn motion to adjourn I have a second second please vote if we can there we go and board member forworth I thank you we are adjourned [Music]