e e e e e e e e e e e e e e e e all right then without uh further Ado we will kick off and call to order the study session we have four items first of which Dr 24-44 Gilbert Advocacy Center and uh s come on up and tell us about this thank you alrighty good evening Commissioners uh the first item we'll be taking a look at tonight is Dr 24-44 the Gilbert Advocacy Center apologies oh no worries so here we have an aerial map that calls out the subject site in red which is approximately 8.7 acres and is located within limits of an overall 25.3 n uh Master site plan which is the Gilbert Public Safety complex located at the southeast corner or I'm sorry southwest corner of American Heroes way and Civic Center Drive the property is adjacent to the town of Gilbert municipal buildings 1 and two to the north the settlers Point residential subdivision to the east uh multif family and single family residential to the West which is um the Wyatt and settlers Point South and lastly would be that General commercial and multif family to the West just past Gilbert Road as I just mentioned the parcel is situated within an existing Master site plan and is proposed to be an Advocacy Center which is specifically designed to provide services for victims of crime the applicant has proposed the Advocacy Center in two phases the first being a 28,000 ft facility which would be the structure designed for the victims to um go seek these professionals and the second phase would be a 30,000 ft uh twostory St structure that is supposed to house the uh management team for the Advocacy Center uh but it's just important to note that just phase one is a part of this application and phase two would be coming to well in a future design review uh the proposed building is going to be located along that Eastern uh property line with parking areas located to the north and south of the structure uh the parking spaces have been specifically placed to ensure that there is safe and secure access to the facility uh just because of the use that it is and uh those parking spaces to the north were actually already constructed during this initial phase for the uh Public Safety complex uh for site access the two access points will be located along American Hero's way one being in the northeast corner and one being in the Southeast Corner uh internal access will also be shared in those Drive aisles between the already constructed and what is to come with this Advocacy Center project uh when we move over to the landscape plan the applicant has proposed um various drought resilient trees such as mulga Ironwood red push pistache in Texas Mountain Laurel and some of the shrubs and accent plants include uh bird of paradise uh brittle Bush Mexican Honeysuckle and new gold Lantana uh the Landscaping is going to be placed along all property lines evenly as well as an abundance of uh foundational Landscaping on site as well uh one thing to mention for the PFI zoning District they do require a 15% net Landscaping percentage uh based after based on the current calculations we are showing roughly 133% which is below the minimum but we are working with the applicant to uh secure the proper amount of Landscaping on site when we move to the southern half here at the Landscaping uh it's important to note that there is a 28 foot wide SRP irrigation ditch easement along that southern property line uh meaning that the landscape set back is encumbered with this um with this easement but we are going to be working with the applicants to ensure that the quantity in some sort of landscape buffer is provided along that property line as we move over to the elevations um the estimated height for the Advocacy Center is roughly 23 ft to the top of the parit uh with varying roof line elements and some other architectural features uh such as recess walls and a mix of varying colors and materials to create a unique look there on those wall planes uh the building is also oriented with the primary entrance to the north uh with those prominent elevations feature are uh adjacent to those uh roadways there for civic center and American Heroes way and the main exterior walls will be constructed of split face CMU ephas and Mesa Stone uh the color palette is neutral gray based um it includes accent colors such as mature bronze Malibu sand Walnut Creek and Mission white uh the building is also accented by a medical can metal canopy system that stretches from the north side of the structure to both the East and West uh large stor fund glass windows will also be uh proposed throughout the entirety of the structure just bringing in some of that natural light creating a soft feel as well as some increased transparency as well uh and here we just have the different angles of our elevations uh there is a key in the bottom there that kind of gives you a better understanding of where these elevations are oriented on site this being the Eastern uh elevation that would face American Heroes way this being the South and West which would face the residential and The General commercial and multif family to the west and in here we just have a up close look at all the colors and materials proposed here you can see the various types of CMU and their varying colors uh we also have that ephis system and that um aluminum metal canopy system that will be stretching along those facades and with this tonight we are just requesting some general input on the project and the uh permission for an applicant to submit CDs at risk and with that I can open the floor up to questions all right thank you s does anybody have any questions or comments for s okay s well with that I think you've done such a spectacularly well done job that uh you are good to go and I also don't think that anyone has any problems with the CDs at risk seeing none I think you're good great much appreciated thank you sir okay next up number two dr24 d38 signature at San Tan Village with the Keith Newman chont members of the commission good evening so I am back before you again tonight with signature at SanTan Village um see if I can get to clicker work here okay um so as you know the site is located um in the SanTan Village area north of living spaces at that north of the northwest corner of williamsfield and SanTan Village Parkway um so the request is for design review approval to develop a 34 acre commercial development so the reason we're bringing this project back before you I know we brought it before you last month is just to show you some of the changes that have been T have taken place in the last month as staff has uh provided review comments to the applicant and and of course provided them your uh comments from the last meeting and we have gone through that full second review and they've resubmitted for another review and we're going through that review now we're almost done with the second review but just wanted to show you what some of the changes were so so I'll just just talk about these just real fast and then I can show you the plans so the the the biggest change is is when I show you the site plan you'll see it but the eastern most driveway way along Coronado and I'll just flip to it really quick I know it's oriented funny I couldn't fit it on the page otherwise um that easternmost driveway on Coronado Street which is at the far north end of the project um has been eliminated and they are have one entrance now and you can see that there it's on the far East Side and it lines up with more with the um the existing entrances uh to the north um but the other entrance was too close to the corner so they eliminated so there will only be one entrance along that North Boundary so the elevations for buildings some of the buildings buildings e and D were and and most of the building a lot of those those longer buildings that were towards the back you can see on here the the E block that long stretch of buildings and the F building were modified to incorporate more more roofline variation which was a comment you had made at the last meeting and they were also modified to provide more wall plane movement on the front elevator ation that are facing the interior parking lot we're still reviewing um these elevations as we speak to ensure that they meet the design guidelines which have some pretty pretty uh um um some standards that aren't typical that that we require today but there are standards that they need to adhere to so the elevations for the pad buildings that are along santen Village Parkway have been modified to enhance rooftop screening by increasing the heights of the parit walls before they just had metal screening that was super close to the units which we do not permit so they've eliminated that metal and now they've they've R they've R I can't even speak they've increased the height of the parapet walls to screen that equipment um and then also the tree quantities along the northern boundary have been increased and along the western boundary have been increased to provide a better screen for the neighbors to that live to the north and to sorry North and to the West excuse me and then if I can go back oh wrong way and then um the foundation landscaping around the pad buildings has been increased and then that has that was a comment that we had made during first review and then they've added 14 foot tall solid screen walls around to the backs of buildings d e and f for the loading docks so those are some things and some concerns that we had as staff and they've addressed those so those are the major changes but I'll just go through the site here really quick and show you um the building elevations again and you can see on these elevations there's the parit walls have been increased I know it's hard I don't have like a side by-side comparison for you but so they've eliminated that screening immediately around the units the buildings look generally the same but this enhances their appearance as well so so I'll just I'll just go through these really quick and one one change that you will see is the um the Dick Sporting Goods has um change kind of changed their color palette to more rese to more uh comply with the colors of the other buildings uh they've changed it from like a darker brownish color to the accent colors the brick colors to more of a gray type of brick which matches the theming and the um the colors of all the other buildings in the development so that's just changed slightly and I also wanted you to note to you guys today that you will be seeing a companion application to this uh design review case for a conditional use permit for the field portion of of the Dick Sporting Goods as we stated before the field is you going to be utilized I think this kind of says this in your staff report as well it's utilized for product testing but they're also going to utilize it for things like Le like they'll be able to rent the field out for like parties or leagues and things like that it's artificial turf um so they'll be able to rent that out and but and they'll have some lighting out there and things that will be lit up at night so our code requires a conditional use permit to be able to operate and use that field for the full extent of what they need to use it for so you'll see that as a companion application so here I'm going to continue to go through the elevations I know they look generally the same probably to you guys but um the walls have been increased in height a little bit so and then the last one there's the Whole Foods and so that is it that concludes my presentation um so I just want to see if you have any further input on the elevations or the overall design of the site that's all I have for you tonight and I open it up for any questions if you if you have any for me thank you thank you Keith would anybody like to have any comments for Keith well Keith once a den again much like your baking you've done such a good job that everyone is speechless so I think you're good to go I put everybody to sleep my very moist cookies right that I made very meticulously Keith I want to it's not that we didn't read these it's we really did and and have no comments good to go it's sorry you might defer our silence to mean that great job thanks Keith thank you guys take care okay moving in to everyone's fan favorite the LDC text Amendment Z24 d03 and Mr Tom Condit well uh good evening chair and Commissioners uh we this is a an update to Our Land Development code uh we're we're going to initiate we're initiating a uh an update to chapter 3 subdivisions basically the the intent of this is to streamline the final platting process there are no changes to the preliminary platting process that'll continue preliminary plats will continue to come to you for review and approval but up until this point the way that our process currently works for final plats um we as administrative approval of final plants plats is limited to very minor changes lot splits uh various up to three lots if the acreage is 2.5 acres or less very minor changes and um so the what happened was the legislature passed uh in May of 2023 Senate Bill 113 was signed into law and it had M municipality and League of cities support and it allows for the review and approval of of plats and plat amendments without uh um with the administrative approval not requiring a council approval and so what the change would do is allow uh the development service director or design to approve plats without waiting for Council action this is going to be an incredible streamlining effect for development typically the the way the process works is we get a plat in uh it the final plat is really a an engineering survey of all the different lot lines very similar to the preliminary plat although it's a final document that gets filed with the County recorder and actually splits the lots and dedicates right away and easements and that sort of thing this uh change would allow the the town to administratively approve subdivisions up to 300 Lots so it's it's quite quite a change but I will tell you in my 20 years now of experience doing platting first for Queen Creek and now for Gilbert of the 300 or so plats I've taken forward for Council action there may have been two possibly three times that a council member had a question generally about a note on a plat or something like that very very minor in nature and so this this is going to be a great Improvement so what this uh initiation would do would be to I guess start the start the LDC process there's going to be a citizen a citizen meeting held would be the next step so um do you all have any questions for me anybody have any questions for t i do commissioner Fay take it away so Tom this is this is a really big change this is I mean 300 houses this could be a quarter SE maybe not a quarter section but getting up in that that size and what and I get it's in response to a AR change but this is essentially taking Authority away from Council and putting it in staff's hands has Council spoken on this topic are we are we aware of what they want no I I really do appreciate that commissioner Fay that question I forgot to mention the fact that the changes that we are making allow for a first and administrative approval but then there will be an appeal to the Town Council that's available to any applicant okay but right now if if you grant if staff grants it there's not going to be an appeal so Council will not get a on a on a a fairly big subdivision Council will not get a bite on this anymore right uh yes you're correct on that has Council SP I mean essentially the fact that state law procurement state law allows a lot and yet I don't know exactly but I bet Gilbert's procurement code requires items contracts to go before Council well below ARS thresholds because Council maintains control over staff and things that way is as staff as Council spoken are they in favor of going up to 300 home plots being staff approved we uh we have not had any discussions oh go ahead thank you if if I may chair uh commissioner Fay this is scheduled for a Town Council work session in may end of this month and then for a hearing in June so we will hear back from Council at that time so shouldn't be I mean shouldn't we hear that they want to do this before we start Staffing it and going to Citizens and everything I mean right now the answer could be that council could say no this is a stupid idea we don't want to do that even if state law allows it right I don't mean to be flippant but couldn't they you're you're correct that they could all all I will say is that again in the 11 plus years I've worked for Gilbert there have been one or perhaps two plats that have been pulled off for very minor note issues and we've we've handled uh lot uh plats of greater than 300 Lots uh many times fair fair enough but we have a few councilmen who were elected on a development related platform and we're not even we're tying their hands potentially by going public with this without even asking them it seems like we're we're kind of running ahead on things here um chairman commissioner Fay the planting process is um I'm sorry I'm likeing the word legisl versus it's not legislative so as long as they meet all the criteria you have to approve it so the engineering department would just be checking that the criteria is all met even if it went to council they could not disapprove it if it met all the criteria it's administrative not legislative Council can't vote no on a plat if it meets all the requirements and it went through preliminary platting the only thing the final plat does is make sure that it is correct I I thought once you get in front of council they can always vote no I mean that that's the political process I'm surprised to hear that they can't I'm sure they could vote no but why would they if everything has been met and it went through preliminary plat and everything had been Ved I grant you the why would they shouldn't we ask that question before we go public with this that's my question um we are it's just a matter of scheduling we're coming here first then to council then back here then back the council again so we're just initiating it now at the Planning Commission which is our standard it goes to Planning Commission first for initiation then it will go to council if we have any issues at Council we perhaps delay bringing it back here for a vote okay it still still kind of seems backwards in in terms of where we're going for permission from from it seems like we ought to get council's blessing before we go undermine their Authority it it's kind of still how it seems to me could I I just wanted to interject and ask the question that you know so what we're talking about in my understanding from the discussions I've had on this is all of the criteria that are set forth that have to be approved in a preliminary plat do in fact have to get approved by governing body the final plat is just making sure that they're meeting something that already has been approved is that correct yes chairman that is correct so I I believe what this is It's cutting out an administrative middle portion of it assuming that preliminary is approved then final meets everything that that was approved that's the step that I think is being cut out here and chairman commissioner Fay this is our standard course that we do we always bring it to the commission first just to initiate it before it goes to council we do that on all of our LDC texts the same thing on the next one I'll be presenting it comes to you first and then it will go to council and and most of the time it makes sense and by the way I'm not going to actually I don't even have the same issue with the next one so you're off the hook but um this one is deliberately changing council's Authority that's the that's what makes this one a little different than the others we've seen in my mind so I I guess I've i' I've twisted around on this one enough yes and I chairman commissioner I do understand that it seems like a weird order but again Council will get to hear this we're just bringing it to commission so that we can initiate it have the study session allow the public to be aware of it and speak and I and I'll also just point out that being that it is a study session you know that's not we're not even granting anything we're just commenting and I think that the comments have been you know H yeah so comment yeah commented anybody else commissioner Anderson uh Tom thank you for the presentation quick question for you um is this just for subdivisions is this going to apply to any other types of projects in the town it's it's every any any subdivision commercial or residential that splits lot lots into uh more than more than three Parcels actually uh again there's a very very limited amount of subdivision work that we can do administratively right now uh they're minor land divisions and uh it's basically lot splits uh and and there's uh two or three lots of very specific requirements so uh it it will very much expand the amount of uh plating work that we can do administratively okay so once the prelim plaque gets in you guys check it over some comments that the pr gets approved that essentially now becomes a final plot right and the things that might change are you know the surveyors determine the bearing is now this number of seconds and minutes and it's you know the the decimal places to the acreage might be a little more accurate and those sorts of things and there's a dedication statement on the plat that we always review uh they may be dedicating right of away in easements but again those things we review administratively all the time and I've never had a question on any of those yeah I I'm all in favor of this thing because uh I think gilber is like probably the only municipality that does this process right now projects I do in other municipalities once we get plan approval even if the plat hasn't gone through Council yet you can still build if you have plan approval through your permit you can still pull your permits I've had numerous projects in Gilbert we got through planning or uh permit we got our permits approved yay let's pull our permits you can't do it yet cuz the final's not ah now we wait for these guys they they approve the final yay let's get our permits no cuz now we got to wait for Council to approve it so I think this is a I think this will help a lot of people and I'm glad you guys are now kind of enacting this and kind of mimicking what other municipalities are doing thank you for your time thank you commissioner Anderson I see a red mic commissioner Davis um I was just going to weigh in a little bit in that I think a lot of the cities are looking to do this since this legislation changed I think Phoenix has already done it um I know a lot of the other municipalities are looking looking at this same thing and it's still going to it is just that administrative Step at the end the reviews are all still the same I assume correct um so it's still going through all of the same steps it's just at that final point it doesn't need that additional Council action correct correct but otherwise it's still having all of those reviews so that's my understanding I support it and c I don't know what you are chairman chairman will recognize Tom I want to clarify I'm not against this in fact I'm in favor of it but I want it was just purely a procedural it was my concern okay yeah thank you okay yes there are rules here okay I think you got everything Tom unless is there anything else needed for that that it um yes you the chairman and commission you will have to vote to initiate the citizen review and the citizen review is actually tonight so there would not be an additional citizen review this is the citizen review and the initiation of the amendment so I know this is strange we don't really don't vote during study sessions but we do on text amendments so you would be voting to initiate the text Amendment and have the citizen review okay we can take act we can take voted on action in a study session doesn't this need to be agendized in the regular meeting May we can discuss it now but Elena Oh They'll check they're checking this we had the same discussion the last time we did this and we do think it's odd but we did vote on it last time so we'll just take a take a look and check that okay yeah thank you a little more background on this um as um the other commissioner said many of the other towns already went to making the final plat administrative by staff in that legislation you could also do that with the preliminary plats but the town decided not to do that to still bring the preliminary plats through the full process and just um accelerate the final plats and have them staff reviewed we're still trying to figure out if a vote is necessary at a minimum chair if you could open the citizen review see if there's anybody that wishes to speak and close it certainly uh I'd like to open the citizen review for any citizens here in the crowd who would like to speak on this LDC text Amendment please come up okay not seeing anybody I believe do I then conclude citizen review okay citizen review is concluded thank you and unless we hear otherwise from legal should we move on to the next item and then if we do need to vote we could vote on both uh I'm sorry uh chair you're otherwise hearing from me um it does look like uh our agenda did um uh advertise it would be initiated today and the initiation does require a vote so I'm I'm satisfied that it was our agenda has been satisfied okay so we do vote then or we don't okay all right well on the advice of my attorney let's cast a vote and this is a vote to initiate to initi the text Amendment Z24 d03 okay vote pass six to one thank you moving on z242 LDC text Amendment Miss Eva good evening chairman and commission I'm glad Tom went first so we know what we have to do on this one very similar it's an LDC text Amendment and this text amendment is to it's necessitated because of the community preservation ordinance but the commission is not considering the community preservation ordinance that's not part of the LDC it's part of the municipal code and we'll go straight to council a little background on the community preservation ordinance we've been working on this for well over 5 years before Elena and I even started it was put on hold and picked back up so between code enforcement legal and planning we now have a very strong draft that we're ready to bring to council it would establish minimum standards for the exteriors of buildings and maintenance of residential and non-residential building structures vacant and improved land the enforcement Authority will be through development services and in drafting this code a lot of definitions were used and whenever we put in new definitions we cross reference the municipal code and the Land Development code and that's what brings us here this evening in the Land Development code we realize that there would be repetitive definitions and rather than having definitions and regulations in two different codes we decided to put everything in the community preservation code and remove from the Land Development code the terms and regulations for parking and loading related to inoperable and abandoned vehicles so the commission would have to vote on changing the LDC to remove that and have it covered by the community preservation ordinance and again we're not here to vote on the community preservation ordinance but I thought that you might be interested and we have a little time so we can look at some pictures of blight that were actually taken in the town so these are recent pictures from code enforcement and what necessitates the need for um a community preservation ordinance for instance this is a backyard with a deteriorated roof and unsound fencing there's nothing in the current municipal or Land Development code that addresses this so it only is addressed through building codes based on safety with the new community preservation ordinance we would be able to have enforcement same thing with this backyard full of trash debris inoperable Vehicles right now uh code enforcement is very limited in what they can do that's not visible from the street with the community preservation ordinance they would have more latitude to address conditions such as these um dilapidated fencing again can't be addressed currently can be addressed once the community preservation code is adopted and broken and boarded Windows these are now governed by the building code so as long as it's secure and safe we have um no issue from a code enforcement but with the new code we would because it would be a blighting issue dead hanging Palm fronts currently they can only address completely dead plant material that's laying on the ground or grass and weeds over 10 inches with the proposed code trees which present a visual blight upon the area could be enforced some dilapidated Roofing again governed by the building codes this would allow code enforcement to address these issues through the community preservation and lastly warped and bod fencing again not able to address this currently but would be able to address this so it's situations like these that the council initiated quite a few years ago that staff work on a community preservation ordinance it is now ready to bring to council and we're in that middle time frame the three to four months to prepare the ordinance and changes to the Land Development code so the changes are to the inoperable vehicle section of the Land Development code and the terms associated with that the recommendation is to remove those from the Land Development code so that everything is covered in the new code and tonight it's just again to initiate the um land changes and the citizen review so if there are any questions I'm available and Elena has worked extensively on this as well very well thank you Eva any questions or comments uh commissioner Anderson H boy this is some code you guys are writing not sure what to really think of it to be honest uh it just seems like big brothers really now coming in your yard uh so explain a little bit more how the town and pl on enforce this so the examples you get there is there in a city inspector or town inspector is going to be like driving around looking with this type of stuff and then can you pres can you give us a little bit Insight of how this whole procedure Works um it would be through code enforcement and code enforcement is more reactive than proactive we're limited with staff so normally we would get complaints often through our 311 system and then code enforcement would go out and address it so this just gives them greater ability to address situations like you saw okay so some neighbor has an argument with another neighbor doesn't like him anymore hey they got a car in the backyard that's all rusty whatever I'm going to call 311 snitch on them so spectors come out do they tap on the door say hey you got a issue here this is in code compliant with the town here's a get it res resolved here's x amount of days to get it resolved you don't here's a you know here here's a ticket for you or a violation fight it in court or whatever pay it like that that's the kind of kind of the details of because I mean this just seems like I we already have I o is kind of breathing down your throats right now you know I I live in an area with over at Morrison Ranch and I got a letter from them because they felt my grass in the front yard was too tall I'm like come on um so this just seems I I think this is probably more Geared for the non HOA communities from what I'm guessing um but yeah if you give us a little bit more detail as to once somebody gets snitched on what happens next chairman commissioner and yes this would not take the place of HOAs they will still all send us letters about our weeds and our parking on the street but this is there's a lot of areas that do not have HOAs and there are issues like I showed before there are also areas which with HOAs where the HOAs may not be active anymore or they may not wish to address these issues and then the neighbors do come to the town okay so what and you are correct in in the process the inspector goes out there they're very friendly inspectors they try to work with the resident you know why is this a problem see if there's an issue money somebody renting they can't get a hold of the owner they're very flexible with them they don't like giving the violations they'll give a certain amount of time come back another warning and then of course they they do enforcement okay so what happens like there some examples in there if I remember right there was one of like a dilapitated fence it looked like it was rotted out and it looked like there was a fence in front of a uh a trailer home or something like that like what happens if there's economics where the people can't fix these things they just don't have the money to do it does does the town have a program to do this or is it go find a way to get the money to pay for this fix we do have certain resources and we we do try to exhaust those first churches Boy Scouts there there are other Avenues but sometimes the owner is responsible for Boy Scouts come out and repair your fence for you is that we have Boy Scouts do that we've had Boy Scouts Rel landscape people's yards oh okay that's good to know we could ask Keith Newman I think Keith Newman will come out and landcape a [Laughter] yard deal yeah I I I get the intentions and on on this code I think it's going down a path that's going to be problematic so I'm interested in learning more about it has this gone assuming hasn't gone out to the public yet this is the first of this right this is the first it um I don't know Elena if there has been more public Outreach throughout again Elena and I were bought brought on in the middle of the process [Music] so there is a a study session that's scheduled I believe maybe the end of May oh I'm sorry with Council I think they were asking before has there been public Outreach through the drafting of this um not that I'm aware of um there has been some communication with the Chamber of Commerce and I believe um Kyle and representatives from the chamber are kind of coordinating their schedules so we can uh present the Pres uh Provisions to them as well okay so after today it goes through the process does come back before us when you guys actually write the it will not come back before the commission again that was just background for you as to why I'm bringing forward the LDC code revision so the only thing that the commission is here to discuss and eventually vote on is the change to the LDC which would remove the definitions and the information on inoperable Vehicles those will all now be handled through this code and this code will go solely to council and become part of the municipal ordinance not the Land Development code okay okay yeah I'm assuming if if the public had more word of this we'd probably be seeing them some of them in here tonight kind of to just you know to reach out about or give us their comments uh I'm kind of Interest I don't want to take up all the time so I'm kind of interested what other members on the council or the uh commissioner is thinking in particular commissioner Fay on there I know like to be vocal about this type of stuff actually chair and commissioner again the that was just background so you know why we're here to discuss removing inoperable vehicle language from the LD say right yeah and so I think that from my understanding this is saying if the council approves it we think moving that language makes sense not we agree with the actions and whatever else is happening so yes commissioner diina um I just I agree that some of these things should be done especially if they're visual from the the front of the house the street uh view but I thought backyards were kind of sacred what is the threshold for going back there and saying your backyard's not in compliance with what needs to be done would be by concerned that again we're not really here to discuss that it could be a health issue it could be rodents verman things of that nature green pools I mean there are a lot of things that are in the backyard that could still be uh a blight or a concern for the neighbors and the residents living there and Mr chair um perhaps uh After we receive our feedback from Town Council we could come back and do more of an in-depth study session but at at this time we're still responding to some of the concerns uh if any concerns are raised from Town Council um in addition there was one public meeting held last year uh at the Town Council Retreat that was a public meeting uh we did receive some feedback and some guidance from the Town Council then and then we'll be going back uh in a few weeks uh to to receive some more feedback but we'd be happy to present the full Provisions once they're kind of cemented uh for this body uh to learn about because um it would be a town solely a Town Council action not something through planning okay thank you Lena commissioner Simon it um Eva I just have a question will we actually see what the revised LDC is once it's completed or proposed does that come back to us yes that will and it will be in an ordinance with the Bolding and the strike through okay so this specifically is in essence to give more meat around the bone of being able to move ble and vehicles specifically yes the the images and whatnot you showed were more that was just background as to why the town is spending this time to prepare a community preservation cuz I got a little bit hung up on the backyard piece of it too where I'm like wait a second now we're kind of stepping into in essence privacy so I I'd be very interested to see what this looks like and and I I would be in favor of Staff moving forward with the U changes to the LEC but I'd like to see it before it's actually actually enacted or or at least have the the council look at it to make sure that it's what we wanted to say so thank you chairman and commissioner Simon to tonight again it's just to open up the discussion the citizen review and to pave the way forward towards Council oh okay I thought so I thought so commissioner Gage go ahead yeah I was just deciding how how much I should say or not say um so I I'm just going to be a contrarian right now and say if we vote no then you can look at this language and then there would be conflicting language in our LDC and this new community preservation ordinance which then would create problems for enforcement is that correct um if for some reason the commission voted not to change the LDC there would just be duplicative language and in the future that may cause concerns because if one document is changed and the other one isn't then you could have conflicting information but right now if it's in there it's not changing anything we just think that everything with enforcement should be in the community preservation ordinance okay I I was just kind of confused and I came around at the end that this is something being done completely outside of of what we're talking about here and so you brought up examples were I think concerning to some of us but it this is beyond our reach and so that stuff doesn't matter right chairman commissioner Gage again it's just so that our ordinances are clean and neat and that there's not duplicative information in them that all the enforcement will now be in the community preservation ordinance okay thank you okay any other comments All right well I would just E I mean I can understand some of the trepidation surrounding the privacy issues that clearly Mak sense um but to keep on track I believe that from my perview this is simply saying this language can be moved in the event that this does go through henceforth um I'm perfectly okay with it so uh I will then open up to Citizen review if there's any citizens here who would like to speak on this LDC text Amendment please come forward scanning the crowd of many I do not see anyone clamoring to come up so I will close citizen review and I then we'll open a vote from the commission on this matter and the vote is to initiate discussion on the amendment to the LDC regarding circulation Park and loading regulations of inoperable and abandoned vehicles that is correct do do we need motions on those I we didn't motion the last one either but I just don't know if we need motions on these before we vote I just don't know I don't think it's necessary sir as long as we have a direction from you that that we're initiating them okay thank you I'm I'm sorry direction from the commission all right six to one we have a pass thank you chairman okay all right now that we've finished those let's move on to a discussion of the regular meeting agenda uh the regular meeting today we we have consent one item Dr 24-13 Victory plaza pad andf and that's with Nicole um I don't does anyone here have a reason they would want to take that off and then if there's was there been any citizen input that would be reason to take it off that you know of Eva or Nicole no none that I'm aware of okay and then the chipot lane is a real cool way of Chipotle Lane but uh uh there's two items there that'll be on the non-consent and does anyone want to try to move those or should we hear those or is there staff's reason that we could not move those I was going to ask if we could move them up I don't have a problem with either one no chairman if we can keep that off of consent okay very well that will stay off of consent then okay that was a easy discussion of the agenda the agenda will remain as is all right with that I'm going to adjourn the study session and we will be back here in 3 minutes and 18 seconds thank you e e e e e e e e e e e e e e that's right all right everyone like to call this meeting to order 604 and first order of business we'll start with the Pledge of Allegiance please stand and join me pledge allegiance to the flag of the United States of America to the Republic for which it stands na under God indivisible andice all right thank you Eva when you're ready could we get a roll call please alternate ett alternate de Ravina commissioner Simon here commissioner Gage here commissioner Fay present commissioner Davis here commissioner Anderson here Vice chairman biani here chairman Mont here we have a quorum thank you okay moving on to item number six the approval of the agenda um I believe we discussed this and CH I'll make a motion to approve the agenda as written very well sorry to cut you thank you commissioner Simon do I have a second for that very abrupt motion does that even does this take an action to leave it alone I don't know but I we have one so let's go do we have a second v no okay we have a second from commissioner Anderson please vote to approve okay six to1 we have one one person who did not want to approve but it passes so moving on to Communications we'll go to number seven we have communications from citizens at this time members of the public May comment on matters within the jurisdiction of the town the commission may not discuss items that are not specifically identified on the agenda therefore pursuant to state law action taken as a result of public comment will be limited to direct staff to study the matter responding to criticism or scheduling the matter for further consideration I don't have any comment cards are there any citizens here that wish to speak on something not in the agenda this evening not seeing any we will move on to number eight report from Council liaison on current events council member Anderson thank you sorry I was a little late but it is the season as I know the chairman knows um only thing I'd share with you tonight is we did U repeal our code of ethics and put in place a code of conduct which will affect each of you as well as the council so I would encourage you to get a copy of that and read over that um you know we've gone through some tumultous times here in the last couple of years and I want to make sure that you're aware of what we've done to address some of those situations so when you get that copy be sure and review that thank you Mr chairman thank you council member Anderson I will be sure to review that okay next up is uh the public hearing consent all items listed below are considered the public hearing consent calendar of the commission may by a single motion approve any number of items where after opening the public hearing no person requests that item to be removed from the consent calendar if such a request is made the commission shall then withdraw the item from the public hearing consent calendar for the purpose of public discussion and separate action other items on the agenda may be added although we did not add those So currently the consent agenda has one item number nine dr24 D13 Victory plaza pad E and F are there any citizens here I do not have any cards but is there anyone that wish to speak on this and would like it removed from the consent not seeing any I will move for a motion on the consent agenda chairman I would move to approve the consent calendar as presented thank you Vice chairman bian do I have a second I will second that commissioner faay with the second please cast your vote we have a unanimous 70 consent agenda passes now on to the public hearing non-consent public hearing items will be heard at an individual public hearing and will be acted upon by the commission by a separate motion during the public hearings anyone wishing to comment in support or in opposition of a public hearing item may do so if you wish to comment on a public hearing item you must fill out a public comment form indicating the item number with which you wish to be heard once the hearing is closed there will be no further public comment unless requested by a member of the commission for anyone that was interested there are public comment cards in the back they're the yellow cards and you're able to speak uh just fill that out and bring it up then we'll move on now to item 10 and are these presented together I believe yes okay so it's item 10 11 up2 3-47 chipot Lane and dr23 d167 chipot Lane and dr23 d167 chipot Lane and we will turn it over to Miss Nicole thank you chair members of the commission Nicole Russell senior planner the applications before the commission tonight are both dr20 31 167 and up 2347 the requests are for a conditional use permit to allow a drive-thru in conjunction with a quick service restaurant in a neighborhood commercial zoning district and a design review to approve a master site plan Landscaping grading drainage elevations floor plans lighting and colors and materials for the Chipotle here is the proposed site showing that there is sf8 to the north and sf6 to the East and you've got it's at the north east corner of Higley Road and Palmer Street just a little bit of history on this particular parcel in April of 2000 the rezone for the Civil master plan Community was approved by the Town Council in April of 2001 the Civil non-residential design guidelines were approved in 2002 the site was rezoned from public facilities in open space to a C1 commercial zoning District however in 2005 the site was rezoned again from the C1 to the neighborhood commercial in May of 2007 a bank with a four lane drive-thru was approved on the site for some contacts that has obviously not been built the Civil design guidelines mirrored the ulc at the time in which it a use permit was required for drive-throughs in an NC zoning district and a portion of the code did state that no drivethru Lanes could be within 50 ft of residential since the code refresh that portion of the code has been removed now the code basically says that no commercial uses are allowed within 50 feet of residential o missed that one so here is a picture of the site plan with the phasing so the phase one of this project would be the phase one in green and phase two in blue the master site plan includes the development of a 20473 ft drive-thru restaurant with an outdoor patio The Proposal is a New Concept for Chipotle which the drive-through willing would be for online pickup orders only instead of a standard drive-thru and even though it is a New Concept our code does not address that and it was reviewed as a typical drive-thru with the stacking and such the project as I stated would be developed in two phases the first phase would be the chipot lane the offside improvements and the Landscaping on the perimeter access to the site will be from Higley Road and a secondary access from Palmer Street here is the site plan that shows the building itself is 50 ft from residential which is required by the code the restaurant shown is in neutral colors that complement the modern take on the old world Spanish architecture required by the Civil nonresidential design guidelines the 22t high building includes parapets cornices and recessed entrances to provide visual interest the exterior is comprised of stone accents on a two-tone stuck out building with a red tile roof there's embellishments seen on the south I apologize I put the wrong directionals on there oh they're on the North and the South Side to give visual interest as part of the Spanish architecture here's the floor plans of the proposed building with the patio on the east side and indoor dining the landscaping around the site is a varied plant pallet of trees and shrubs the trees include Desert Willow Pala south southern Live Oak and Evergreen Elm some of the shrubs and accs and plans will include bugia Texas Ranger Mexican petunia Coral Fountain and red yua as stated before the first phase will include the street Landscaping this staff requests to approve the findings of fact and approve Dr 23167 for chipotlane and staff also requests to make the findings of fact and approve the up 23 347 this will require two separate motions since they are two separate cases this concludes my presentation I'm happy to answer questions the applicant is also available and we'll have a presentation once the commission is done with questions for me thank you very much Nicole any questions from the commission commissioner Gage thank you chair um so we're basically doing a master site plan but we're only actually planning half of the site here is chair and commissioner Gage the way the master site plan is typically works is you'll come in with the first phase of development and so a second phase can come in through depending on the size of the building it can come through an administrative design review so the first phase would include all the offsites as well as Landscaping in whichever portion is first does that answer your question yes that answers my question but we saw in study session a proposal for a coffee shop here not too long ago and we all had some concerns about traffic backing up into the neighborhood on Palmer Street with that so with this plan here and you saying if we approve the master site plan any building that comes in for that South half as long as it meets some certain requirements we would never even know about it correct it would still go through staff review and it would still have to meet all code requirements and traffic and development engineering would also be looking at the plan as well but you are correct yes if it meets the criteria for being processed is an administrative design review the Planning Commission would not see it okay so if we approve this tonight then there's a chance we'll never get to have any comments on what goes in on that South parcel any proposed use would have to be in keeping with what's allowed in the zoning District per the zoning code got it okay thank you okay any other comments commissioner Davis um I just have a couple of questions on I know it's not a typical drive-thru it's for a pickup um does that mean they're not going to have a speaker box and it does look like there's a menu board so I was curious if people have already ordered why there's a need for that do you know those things or is that something I should say for the applicant okay chair commissioner Gage I'm sorry see this is what happens when you're nervous you're calling people other names commissioner Davis staff requested that the applicant put a menu board and an order area on the site plan to ensure that these stacking for a potential future user would meet the code requirements for a drive-thru so that's why they're shown on the site plan it does not mean that they will actually be on the site because the applicant has indicated that the proposed chipot Lane would be for pickup orders only and not a typical drive-thru thank you um I guess my only comment on that would be with the neighbors to the north they're pretty close to that so I like the idea that there's not a speak box for them to have to hear um in the evenings and so on um but I do understand that uses change over to different owners and they have different things to look at so I guess that would be the only concern I would have is the the neighbors to the north understand that that could be a future change on the site that they could end up with a speaker box there all right thank you commissioner Davis Vice chairman biani thank you chairman h ni Cole um so the the they've they've received all their necessary approvals from the uh civil HOA through their design guidelines is that correct Shar and commissioner bian the applicant and and this is the part I apologize I I did leave it out of my uh my presentation the applicant did actually meet with the Civil HOA and does has provided staff with a letter of approval they indicate the applicant has indicated there were about 50 members of the public that attended that meeting um in civil uh HOA is in favor of the proposed sign okay it doesn't need to go back to them for anything um and then my question is with the drive-thru and the use permit are they going to have standard hours of operation are they going to be limited to whatever is allowed in that NC District the NC District requires that it can't be open later than 10 p.m. and as I understand it the applicant is amable to that restriction for the NC zoning District okay I agree yeah thank you and I agree with commissioner Davis on the speaker boxes and everything with the proximity of the neighbors so this almost seems kind of like a nice introduction for at least for for drive-throughs okay thanks Nicole thank you Vice chair any other comments or questions yes please commissioner Fay so Nicole I I this weekend when I was looking over this I I think I misread part of it I was strongly in support of this because I remember the get the coffee shop and thinking that it had a jacked up traffic pattern that not jacked up but it was going to back out up onto the back out onto the street pretty quickly and it was going to there was almost no way to avoid it at least it wasn't on an arterial but so I thought this was replacing that and I thought this was a way better traffic pattern we're going to protect the street but now I'm realizing this is an addition to I I didn't quite realize that so this is we could have that same coffee shop in fact there's a pretty good chance we will have that same coffee shop which will have that same traffic pattern that'll back up out onto the street in addition to the chipot traffic which is essentially what what commissioner Gage is is that's the the part that's kind of concerned me here chair and commissioner Fay um so the Black Rifle Coffee Company application was withdrawn that as I understand is is not I thought we approved it it was withdrawn before this application was submitted to staff I would defer to the applicant as to whether that is something that would be um a use that would go in in the future but it would still have to have a use permit because it has a drive-thru because of the non residential design guidelines for civille but they're not that's not part of this application right and as far as I know and I would defer to the applicant I don't believe that's part of a future phase at this point in time does that answer your question um no yes partly and it and it answers it to the extent it can be answered I think right now it's that there's a much more s i was prior to the presentation I was thinking man this is great great we just resolved all our issue and now there's there's a pretty big unknown hanging out there but I guess we'll if another drive-thru was requested to be on the second pad site it would have to would need a use permit of need another use which would become would go before the Planning Commission for approval that's probably good enough that's that's about as good as we can do at this point so anyway that answers my any any concern I've got thank you thank you probably good enough is is very good for him so anyone else okay well thank you Nicole I guess let's hear the applicant and uh then we'll see if we have any more questions after that see if the red button is on you click there's a on the base of it you could there there you go and if you just let us know who you are too hi sorry yes Amy Malloy with theol Ventures I'm um representing the land owner so not the tenant so I hopefully I'm going to be able to answer several of the questions regarding future phasing of the site because I think that's a great question hopefully we um alleviate some of the concerns of the commission here um I just want to take a quick minute and um thank staff so we've had this has been an ongoing process I came before you a couple years ago looking with the um at the application for the coffee shop they did not end up moving forward at that time so I think we've been looking for a high quality tenant for this space um in keeping with the quality of the cevil master plan community so I'm excited to be able to come forward today with this choling concept at the site and just really quickly I wanted to highlight a couple things that came up from the presentation that Nicole did and she's been a fantastic plan reviewer for us we've been very grateful for the level of detail that she's provided us I think it helped us provide a better quality project this is our third iteration of elevation design the first elevation design we took was the one that was um tentatively approved by this board several years ago for the former Black Rifle and we really worked back and forth with the ceville HOA and with the city staff Town staff multiple times and we really I think are excited to propose a building elevation that really keeps with the Civil non-residential design guidelines with a stone um the Spanish tile on the roof the curvature the full covering for the um drive up lane and the color palette uh but what I wanted to specifically talk about is um there will be one of the concerns that has come forward is the idea of having the menu board and speaker so this is a concept it's a CH chipot Lane concept there's a couple that are um open now I think one in Gilbert um there's one in Mesa there's a couple other that have sprung up in the valley and it is an order ahead drive up window so the um level of traffic that you see through a normal drive-thru it's a fraction I think the studies that we provided to town staff it's like 25% of the normal driveth through um traffic but we wanted to make sure that in the instant that this project does not go through and it has a use permit that's approved for the site we wanted long the staff wanted long-term protection so to show to make sure that we were doing every this site could accommodate a drive-thru at that location if that ever came to fruition but the chipot lane concept of which we've got an executed lease on is has no no intention to have a menu board or a speaker but we wanted to show that on the plan per staff's recommendation for future protection the other thing I wanted to talk about a little bit is the master site plan nature so let me see I think I'll take us to um the landscape plan so one of the things that was important to this is we know it's neighborhood commercial um we're talking to several potential users for the South lot we have no executed um leases at this time for the South lot or even an executed Loi letter of intent but we wanted to make sure and this was per the direction that I received from this group or makeup of this group a couple years ago is to really make sure that we were being thoughtful and how we circulated traffic internal to the site and make sure that we weren't creating situations for traffic backup onto either higgle or Palmer so some of the improvements you may be familiar with is we were um it was important for us to make sure we did the median cut in Palmer and opened that area so that would be ease of access into the site heading north we also aligned the site Drive um new Drive access off of Higley to the kind of northern part of that southern lot in order to accommodate a a Dell Lane um on Higley Road as an offside Improvement into the site because of the low traffic addition of this project it does not trigger a traffic signal at the intersection however we have been in um great discussions with Clint in the traffic department for the town and he has indicated to us that if there is a development on the southern parcel of a commercial nature depending on the intensity of the use it most likely would trigger um a traffic signal then we would be required to put that in and that would be a requirement um for staff even if we stayed through an administrative process on that and then of course if there's any drive-through component which would put obviously additional um traffic onto the site and into the circulation we would come back before this body um for a use permit um and then we would go back to the Civil HOA as well to seek approval from them the one thing that I'm proud of that we did and we were not required through this process was to sit and meet with the HOA and to do a presentation to to them and to get feedback from them we needed to get a letter of approval from them but we really wanted to put forward the right effort and talk to the um HOA directly and they went they gave us many comments and helped us I think get to a point where our elevation and our layout and our circulation um and the Intensive landscape um surrounding the site and buffering the site from the adjacent residential I think that it got us to a better project because of that additional Outreach and work with the HOA so I'm I'm proud that we did that and got to that point um and I think that's those are probably some of the the high level um we're happy to restrict delivery times there will be hours of operation will adhere to the um town code and um you know we're happy to have conversations we we didn't intend to not come forward again to this board um on the southern parcel so if that's a a stipulation made on this we're happy to do that regardless of the use so I'm happy to answer any other questions that you may have at this time thank you Amy uh anyone have any comments or questions for the applicant Vice chairman biani please thank you chair um so I'm just looking based off the drive-thru in that dual Lane so that's just that staff just trying to protect the the town and providing that dual Lane because I can't imagine that that works with the intended operation I'm just wondering if you guys would just use that as a throughfare and just use that inside Lane is that correct um chair and vice chair bian that's correct we have no intention of using a dual Lane it's just uh a planning requirement to make sure it could be accommodated for in the event that it needed to be okay thank you thank you okay any other comments or questions commissioner Gage uh commissioner Fay has a comment on the number of parking spaces commissioner Fay is that correct thank you I appreciate the invitation to speak um no I I mean I'm any anytime we're going to put Chipotle in in any form shape or whatever I'm I'm in favor of it so that's uh but uh I would Point you're you're I'm taking these arrows at face value so it's one way where it says one way and two ways where it says two ways and this reminds me a little although a worse example of the Dairy Queen on um Gilbert Road your parking spaces on the West Side the only way to get to them if that's a one-way street is to go through your you've got to go through the drive-thru to get to those parking spaces and Chipotle at certain key hours does often have a shortage of um so you may have to I mean this is probably as much a Tom comment as as a you comment but your your uh driveway on the east side here is going to either need to be wider to accommodate two-way traffic so people can get into the parking spaces or or something and that's a great comment I'm wondering if I can go back and if I've got any of this dimensioned um so maybe here uh it's a 24t wide drive so the the other thing that's important to know is I believe we're overp parked on this site so we'd be happy to you know either reduce the parking on that side or um wi and and be able to widen we don't anticipate there's going to be a lot of traffic from the drive-thru lanes because it's Order ahead drive up it's a very small fraction of the actual business at the site so I'm anticipating those parking stalls on the southern part of the of the building will be most likely to be utilized it's a great it's a great point and we're happy to look at accommodating that it's not a huge deal I mean you could make it that's where your staff Parks I mean that's right you got it I mean it's private property so you got people who are driving crazy directions anyway and it's not public right away but it was a uh it was a point that I was hesitant to to make but commissioner Gage encouraged me strongly to to speak up yeah she almost made an order uh you know I I looked at that too and the way I kind of thought it was that if it's somebody that gets super anxious about their Chipotle like commissioner feywood and he gets there early and they say your burrito's not ready yet bro and he's got to go sit in the parking so I figure there's going to be a lot of people excited like that we'd be happy to have you sit on the patio spaces that'll be facing out there because I've got to go yeah okay any other comments or questions uh commissioner Gage once again thank you uh I do want to say I live within walking distance of here and my kids are absolutely thrilled about the fact that they can walk to Chipotle and apparently spend my money because they don't seem to have any um but we do now go to the one on Val Vista because that's the closest one here and that parking during like dinner time is always full and I never have seen anyone actually in the Drive-Thru Lane so I know more parking will come when this South parcel gets built out but um I do anticipate that that will be a problem in the meantime not that there's I'm not asking you to do anything I'm just saying yeah so and if I voted against this my kids would probably not let me come home tonight so that's all very well okay well thank you very much um now are there any citizens that wanted to speak in favor of or in opposition to this item I do not have any cards sir if you wanted to did you fill out a comment card please yeah just fill out one of those yellow comment cards and then you can bring it up and if anyone else wanted to as well please feel free to fill out that comment card so that you can be heard uh at the public hearing thank you Mr CH sir can I distribute well I don't know actually Eva can he hand something out because it's being a public meeting I don't know how we deal with he wanted to show us something I believe yeah I didn't have any time to put it on jum drive or anything circulate just a few well the re then I only I'm only using caution because if it wasn't part of the package that went out to the public that's all so I don't know um chairman he can distribute those as long as staff can keep them at the end of the meeting so they can be made part of the minutes very good thank you sir thank you thank you so much I'll just hand out one you guys can circulate him I didn't have enough time I apologize thank you so sir just so that I'm clear these are all different pictures and so we should circulate maybe look at them all okay okay and this so just this is uh Mr Brian p parate and uh he is opposed to the item and uh wishes to speak so go ahead you have three minutes sir and we'll look at this the button on the bottom like the base of it turns red on the front there we go okay uh yes thank you for for hearing me out I reside at 3281 East pal Court uh which is adjacent to the uh uh structure that we're speaking of it's actually my backyard um so what I did is I just went across the street uh there's a fast food restaurant uh there's other eating establishments um it took me a matter of 10 minutes to the pictures in black and white are dumpsters debris G garbage pallets uh things that are just unnecessary that uh retailers of this uh magnitude end up uh having waste and things of that nature um there was a double parked delivery vehicle uh at this uh one facility just right across the street um I've got dozens of pictures again didn't have a lot of time to to to get them together but uh you know with with this type of venture comes you know traffic right comes rodents you know comes uh you know unwanted and unwelcome noise listening to the to the lady who who made her comments I mean if you're not thinking about a traffic light because you're not going to have a lot of business and your parking is not going to be needed then why why do what you want to do Chipotle is in business to make money that bottom line and it looks all Grand and beautiful at the beginning but over years and wear and tear through the uh just the the weather and and the traffic that goes through there this is going to dilapidate in in a hurry the black uh the colored photos are why not you know if you could take a look at the Landscaping why not beautify the area why not make it a park why not make it beautiful landscapes uh that that Gilbert is well known for uh I would strongly oppose to having Chipotle you got Morenos across the street if you're in dire need of Mexican food sir those Morenos right across the street uh I think the area is impacted by retail this side of Higley where I reside uh should stay um beautified by landscaping and and some of those documents that if they circulated um are just right across the street uh there's one in front of the Walgreens on the corner of Chandler Heights and higgle which is beautiful um and it's and it's breathtaking Chipotle is not breathtaking and it's not beautiful it's it's money and uh I I don't think Gilbert needs another fast food drive-thru in that small of an area and again if you're not thinking of traffic lights and you're not thinking of the safety of the people around there it's going to be a nightmare and I guarantee you we'll be back here in a matter of months asking for you know stop signs and and and whatever else you have to to do with this so that's my two cents I appreciate you guys hearing me out yes sir thank you Mr P yep okay uh we could go back if Nicole or the applicant wanted to speak again um otherwise we can close the public comment and bring it up and I'm not saying that like you have to I apologize did you have another question for me no I was just after closing the public comment I was going to see if either you or the applicant wanted to speak prior to Us closing it and coming I do not have anything further to add what right that's I guess I didn't need unic call I met just the applicant so I'm sorry carry on chair and um commission I just wanted to clear verified that this site is zoned neighborhood commercial and so um it is zoned for commercial activity um that falls within the code um requirements for that and I also just wanted to comment we'll have obviously restrictions to deliveries and we're Landscaping the entire property as a um additional buffer um out of day one so the entire site including the future Southern site will be in full um landscape development even before the southern lockets developed thank you very much thank you okay not seeing any other public comment I will close uh and bring it up to the Das for discussion anybody want to open up some discussions and then if not a you know a motion as well uh Vice chairman bian please I think as far as discussions go I I app I understand the gentleman's concern I mean we the as the uh applicant had stated the zoning is already in place so it allows for a restaurant use we're really just kind of looking at the design of the the feature and the the use permit for the drive-thru so we've always we we up here we kind of get that very often if you're kind of new to the process of what's our purview of what we can look at and change on this but you know the restaurant's already Allowed by right for the zoning I mean any commercial use on that site is going to generate some some waste um you know and I believe looking at the site plan the refug containers are appropriately located um I think what we could probably do especially as a resident is just ensure that those trash enclosures those gates are always closed the trash en closures are covered and that's picked up regularly if trash becomes a concern on that site but I think on that I think we've looked at this I I think the use permit is acceptable and the overall design I didn't have any problems with so I would be inclined in in favor of both tonight thank you Vice chair any other comment commissioner Gage um I'd like to make a motion if if no one else has any comments and and remember it needs to be two motions one for each just okay thank you um I'd like to make a motion to approve up2 3-47 um use permit on 2.44 Acres uh Higley and Palmer Street for the chipot lane we have a motion commissioner Gage do have a second I'll second commissioner Simon with the second any discussion please cast your vote vote carries 70 commissioner Gage are you going to yes thank you I'd like to make a motion to approve br23 d167 um referred to PO Lane the site plan Landscaping grading drainage elevations floor plans lighting colors and materials okay we have a motion is there a second I'll second commissioner Simon with the second discussion please cast your vote vote carries 70 thank you to staff and the applicant and to the gentleman for coming in to speak we will move on to the administrative items uh the administrative items are for the commission discussion and action is the discretion of the majority of the commission regarding public input request on any administrative item persons wishing to speak as an administrative item should complete a public comment form indicating the number on which you wish to address so number 12 we have considering the approval of the minutes from the study session regular meeting from last month April 3rd 2024 does anyone have any issues or would you like to make a motion chairman if there's no changes I'd move to approve is presented we have a motion from Vice chair bian do I have a second I'll second oh oh that was close but you didn't have your mic on so I'll go with that was second by commissioner Davis please cast your vote vote carries minutes are approved okay Communications we don't have an executive session we'll now go to a report from the chairman and members of the commi commission on any current events anyone have anything exciting that's been happening to them or others in the community lately okay then we'll move right along to report from planning services manager on current events thank you chair and good evening commission I just wanted to remind everybody that there will be a joint meeting of the RDC and the Planning Commission that is scheduled for June 11th it will be at the park University Building in the Heritage District tentatively starting I believe around 4 o'clock dinner will be served and it may go to as late as 8:00 that evening so if you could just calendar that in let us know know if there are any concerns with that date and you should be receiving more information including an agenda shortly thank you thank you Eva okay yeah I believe I got that email chairman can I is that in lie of our June meeting or is that an addition to our is that actually our June meeting no it is an addition to your June meeting thank you my pleasure okay well with that then it appears we've come to the end of the agenda so in keeping with my non-authoritarian rule I will see if anyone would wish to make a motion to adjourn the meeting I'd move to approve chairman thank you we have a motion to adjourn from Vice chair bian second second from commissioner Fay rapid fire okay please cast your vote the yays have it 6 to one meeting adjourned thank you all e