it's all right welcome everybody to the March 2026 or 26 2025 there we go uh Planning and Zoning uh board meeting for the city of Mesa we'll begin with our roll call chair SS as president vice chair pitcher here board member Peterson here board member blakeman here board member Farnsworth here all right we'll excuse board member Montes and Carpenter today so as part of the agenda for today we do have a consent agenda this will be read into the record and acted on in one motion these items will not be discussed individually and board member Farnsworth will be reading our consent agenda today all right items on the consent agenda approval of minutes for the previous meetings minutes from the March 12th 2025 planning and zoning board [Applause] meeting take action on the following items item 3B case z 24-1 sorry 01022 Atlas East Mark 30 8 Acres located approximately 3,160 ft south of the southwest corner of South signal but Road and East Elliot Road site plan r view for a 24,95 ft industrial development staff recommendations approval with conditions item 3C case z 244-1079 get airports Mesa 3 and 1 12 acres located at the northeast corner of South Ellsworth Road Road and East Elliot Road major site plan modification and special use permit for a small scale commercial recreation facility with attached commercial uses staff recommendations approval with conditions section four discuss and make recommendations to the city council on the following zoning cases item 4A case z 24- z548 Saia motor freight lines 13 acres located approximately 1,900 ft east of the southeast corner of East posos Road and South krisman Road plan review for a freight truck terminal and Warehouse Sai Motor Freight Line LLC owner Chris bergham applicant staff recommendations continue to a date uncertain section five discuss and take action on the following preliminary plats item 5A Atlas East sorry Atlas Mesa East Mark preliminary plat 38 acres located approximately 3,160 ft south of the southwest corner of South signal but Road and East Elliot Road preliminary plat staff recommendation approval with conditions and it 5B get airports Mesa preliminary plat 3 and a half acres located at the northeast corner of South Elsworth Road and East Elliot Road primary plat staff recommendation approval conditions all right thank you so all in favor of passing the consent agenda motion motion to approve the consent agenda is read I love how he's yelling at me is there a motion to approve the consent agenda is read so moved move second second second all right all in favor uh Vice chair pitcher yes board member blakeman yes and that unanimously passes thanks for reading the consent agenda for us today so we'll turn the time over to staff for presentations and we will be moving to item 3A and before you get up here Josh I'm going to go ahead and just announce I will be recusing myself on this case and board member Peterson will be taking over one two um council member Peterson and and board members would you like to hear the presentation again that you heard at today's session uh to to the board is there a desire to hear the same presentation or just to go to uh comments from from the public and then applicant here I'm okay on the comments I don't need to do the presentation no need for presentation thank you so with that we open up the public heing portion and uh would invite first off um the applicant Gary Hayes good afternoon board members board member P Vice uh chair pitcher Gary Hayes on behalf of Ryan Companies 2198 East Camelback Road Phoenix 85016 uh we are in support of the staff uh report or staff memo as presented down in study session we would also Reserve all of our time for rebuttal after you hear from some of the other speakers here today okay are there any questions for Mr Hayes before okay thank you Mr haes uh Susan deit next will you please come forward thank you chairman members of the board Susan demit with gamage and Burnham uh 40 North Central Avenue Phoenix Arizona so I'm here um this afternoon on behalf of Mesa or DMB Mesa Proving Grounds LLC the master developer at East Mark um and I'll keep our comments relatively brief we submitted a letter that I think most of you should have received or had an opportunity to review before the meeting um and we want to publicly state that the position of um East Mark and the master developer for Eastmark is that the stipulations for this case should not be modified um that this project should follow the same East Mark and city of Mesa collaborative drb or DRC review process that's been followed for the last 14 years for every single other project Within East Mark um there's been some discussion I know at the study session um about whether or not the East Mark DRC process is a private governance issue um we respectfully disagree with the city attorney's opinion we believe that the planed Community uh zoning District regulations the community plan for East Mark and some specific Provisions in the development agreement which is a contract between the city and East Mark um lay the groundwork and set forth the requirements that this uh design review and design guideline compliance would be a collaborative effort with the city and East Mark through the life of any development project um and so this sets a precedent going forward because again there's not been a single project developed in East Mark to date that has not gone through the East Mark design review process with the city participating um as to Amazon um in the specific application you know they are aware of the Eastmark design review process they went through it in 2021 for this exact same piece of property they were proposing a distribution and Warehouse facility at the time um they went through the East Mark design review process they received a design review approval letter uh conditional letter from East Mark it's uh they ultimately changed the use of the property from a distribution facility to a Data Center and since that time they have not even tried to um present a modified design review application to East Mark they have gone straight to trying to modify these stipulations to circumvent the East Mark design review process um so with that I think you know that's the extent of our comments really is that we believe um that there's a regulatory requirement for this process that there is a 14-year precedent for this process and there's no reason that this project should not move through that same process um as it did three years ago and with that I'm happy to answer any questions thank you Susan do uh any board members have any questions for Susan no thank you uh Mr hay if you'd like to come back up for a few minutes I think I'm going to need help getting my PowerPoint because I'm not sure how to find it on here oh was it okay okay perfect so um I don't think any of us really want to be here today I think staff nor myself nor probably miss deit want to be here I as I mentioned earlier I represent Ryan Companies Ryan Companies is a developer of this project and I've known Susan for a long time I respect Susan I don't think she has all the information and I think board member pitcher asked a question why and that's what my presentation hopefully will help you out here today January 8 2024 for Josh Tracy from Ryan Companies sent a link to Julie um what is her name Julie Jones I believe at tapate design which is the process we followed in 2021 and the process we followed in 2024 January 10th Julie Jones from Tate Studio architect said Thank you received January 26 Julie Jones says Hey thank you here's an update I anticipate being able to provide site plan approval with stipulations February 5th here's the comments I think some board members were questioning whether or not we would meet the uh East Mark design Review Committee criteria we have here are all their comments and in May 7 here's a link to the revised design review documents you can notice on every one of these emails it's going to the design View and to Eric ton from Brookfield May 13th this is where we kind of ran into a little bit of a problem hi Josh we're not able to complete design review until Zoning for this property is amended to allow for data center uses as requested now a year ago almost a year ago Vice chair pitcher asked Josh grandley andard is this the appropriate Zoning for this use and he said yes and it's in your staff report and this board who's responsible for zoning said that was an appropriate use attached to that May 13 email was a rejection letter signed by Eric ton CC Miss hegar chrisy Cannon and Julie Jones as you can see it says we are rejecting your submitt so the problem we have here is we had two of these projects one was inside East Mark one was not one has building permits one does not we can't get building permits because they rejected our submitt after they gave us a conditional approval they gave us a conditional approval then rejected us because as you can see that next sentence it says it's really small on my screen so I apologize once you have obtained a recorded use restriction Amendment you can resubmit so East Mark dmbb uh whoever Brookfield is conflating two issues they are saying we are now in charge of zoning we're not doing design so after I got this letter I reached out to staff and said do I have a zoning issue staff said no I have an email from Evan and Mary that said you have no zoning issue but I can't get them to approve or even allow me to submit so I said staff I just need to get through this process I'll go to drb I'll do whatever I need to do in order to get my permits and that's why we're here today so Vice chair pitcher asked why this is why I can't move I'm stuck and I need to unstick this process and I can't have East Mark using a private cause of action for lack of a better term to hold up my my permit from the city of Mesa thank you Gary appreciate the presentation uh board members do you have questions for Gary I don't Jeff do you no thank you gotcha it is there um just as a procedural question for legal and and as we talked before there's a there's and even in the letter from uh Brookfield there's um some some some disputes between the two parties to work out here it is it appropriate to have Susan Demi come back or or is this not the place to to litigate this issue since it's uh or what's your recommendation there uh CU there's some pretty significant differences in what was presented from what was written in the letter from board member Peterson uh so during discussion uh the board is permitted to call up uh both applicant or members of the public to ask questions uh not to engage in discussion with them but for further clarification okay thank you so on that then I will are there any other speakers for this item then we will close the public hearing and move to discussion so for the board is there before we get into discussion is there any desire to have any um questions or Clarity from either Susan Dema or Gary Hayes on this item I think to your point Bo it's warranted the differences are significant I think we need to hear a little bit more okay gotcha uh Susan if you wouldn't mind to to come back up and yep so so just in uh to to clarify in in the letter that was sent uh yesterday on your letter head it had statements uh Amazon never filed a request with the eastar DRC DRC for design review and uh is that based on the emails that Gary hay showed is that still an accurate statement well I so I had not seen the materials that Gary had provided today but that was based on my conversations with Brookfield and DMB M approving grounds um and you know the focus has been that historically a an approval letter from the East Mark design Review Committee has been required um for every application in East Mark got you okay and and from the the previous letter in February of 2024 even before this case came before the board last year there was uh some maybe not the formal letter but there was a conditional approval from the email that was shown so I wasn't I I was not able there was from my knowledge there was an approval in 2021 a conditional approval so this one was 2024 specific to the data center use and uh and before it came to the board in May of 2024 for recommendation understood I have not seen that okay document so gotcha does uh anyone else have any other questions for Susan at this time Jeff or Jamie any questions no appre appreciate your discussion okay okay thank you thank you uh any any discussion from the board or if not any uh any motions to be made no discussion but I'm happy to make a motion for approval okay gotcha any any discussion Jamie or Jeff before we go to a motion no and I I'd just like to thank both both the applicant and and Susan for um for their presentation that was that helped us okay thank you all right so we take a step a motion see how we do here so a motion to approve uh case Z2 say item 3A sorry thank you um motion to approve item 3A case z 24- 01019 PHX 062 36.9 Acres approximately or sorry uh located approximately 1,850 ft west of the southwest corner of South signal be Road and East Elliot Road modifications of conditions for approval number two and number three for case number Z 24-19 0000 sorry 000019 even I heard Evans say the third one uh staff recommendations approval with conditions thank you is there a second I'll second that okay thank you and if if all would vote and for a uh Voice vote from uh Vice chair yes and from board member blakean yes okay thank you and the motion passes with three yes votes and with uh chair heirs abstaining yes I'm sorry did it what did I say oh four yeses with chair SS abstaining thank you and uh back to staff any other items for the agenda actually let me throw it back to the chair and then he can take a chair's no additional items all right I'll look for a motion to uh adjourn motion to adjourn second second there all in favor ice chair pitcher yes and board member blakeman yes and we are adjourned thank you everybody for being here