Planning & Zoning Meeting - 4/26/2023

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well good afternoon and welcome to the April 26 2023 Mesa Planning and Zoning public hearing we will begin with a roll call I am board member Crockett Vice chair Ayers here board member Allen here board member sarkissian is absent board member Peterson here board member pitcher here and board member Montez here great we have our Quorum as you heard in the introduction we operate on a consent agenda so the items that are on the consent agenda will be voted in a block without discussion on any individual item we do have a speaker slip that's been submitted on agenda item 4A so that will come off of the consent agenda so that we can we can have a discussion on that item is there anyone else here to speak on any other agenda item besides 4A I don't see anyone so board member Vice chair Ayers has volunteered to read our consent agenda so I will turn it over to him thank you chair um so the items on the consent agenda so pz23057 minutes from the April 12 2023 study session and regular meeting item 3A pz23027 zon22-00717 Rio Salado fourplex within the 500 block of West Rio Salado Parkway located north of Rio Salado Parkway and west of Country Club Drive this is a site plan review with a request to allow a multiple residence development the staff recommendation is approval with conditions 3B z-o-n22-00052 qbd Duncan within the 300 block of East McKellips Road on the North side and within the 2000 block of North Mesa Drive on the West Side located north of McKellips Road and West of Mesa Drive this is a site plan review and the staff recommendation of approval with conditions Vice p 3056 thank you thank you um item 4bpz23051 the Anton Mesa Fiesta within the 1300 Block of South Alma School Road on the east side within the 1 000 to 1200 blocks of West Grove Avenue on the South Side within the 1400 block of Southwest wood and within the 1 000 to 1200 blocks of West Holmes Avenue on the North side located east of Alma School Road and south of Southern Avenue there's a rezone from limited commercial with a planned area development overlay Council use of permit and site plan review this is Staff recommendation with approval with conditions item 4z pz23053 the take five at Ellsworth oh sure did I miss a last one zon22-01178 take five at Ellsworth within the 1200 to 1300 blocks of South Ellsworth Road on the east side located south of Southern Avenue on the east side of Ellsworth Road this is a site plan review and this request will allow for a minor automobile vehicle repair facility staff recommendations approval with conditions item 4D pz23054 zon22-01344 La messita phase four within the 2200 block of West Main Street on the North side located north of Main Street on the west of Dobson Road it's a rezone from General commercial and multiple residence four took a General commercial with a bonus intensity Zone Council use permit and site plan review this request will allow for multiple residents development and this has been continued to the May 10th 2023 planning and zoning board meeting item 4E pz23055 zon230049 the view 202 phase two within the 8700 to 99 000 blocks at East Starfire Avenue on the South Side located north of Ray Road and West of Ellsworth Road this is a site plan review and requests will allow for an industrial development staff recommendations approval with conditions item 5A pz23052 zon22-01248 is their preliminary plot Elliott Tech Corridor phase two within the 10 400 to 10 600 blocks of East Elliott road on the North side and within the 3400 Block of South Signal Butte Road on the West Side located north of Elliott Road and West of Signal Butte Road is a preliminary plant for an industrial development and the staff recommendations approval with conditions item 5B pz23058 zon22-00117 Lot 2 of the Chrisman Business Park and replay AMD replant within the 10 000 block of East Southern Avenue on the South Side located east of Crismon Road on the south side of Southern Avenue this is a preliminary PLA and request will recreate two lots staff recommendation is approval conditions Vice chair could you bring that case number into the record again please did I miss it Zion Oh I did z-o-n I like last year z-o-n22-00117 did I do it yet let me take a quick drink of water here z-o-n-23-00117 Lot 2 Chrisman Business Park AMD replant see this is what happens when you make me do something thank you Vice chair airs thank you Vice chair Ayers can I have a motion to approve our consent agenda move to approve the agenda as read and amended thank you board member Peterson do I have a second second thank you board member pitcher let's go ahead and vote board member Allen how do you vote hi board member Montez I thank you by your vote of six eyes one absent you have passed the consent agenda so thank you to those that came down for for those items now I'll turn it over to staff for presentation on item four hey thank you chair board members this is zoning kcon 22-01168 and it's a request to rezone the subject site from t4nf to the t5ms transact within the form-based code regulating plan the subject sites located east of Country Club Drive and south of Main Street it's at the north east corner of Morris and Mahoney Avenue the zoning current zoning on the project is downtown core with the downtown events overlay and as mentioned the existing form-based code regulating plan for it would be the t4nf transect the general plan designation for the property is downtown it's in the transit area Corridor station area and the goal of this character area is to create pedestrian-oriented transit-rich environments with a lot of activity the building form for the area is to have the buildings engage the street and then also promote construction quality that meets or exceeds the investment that has been made in the light rail system this is a photo of the existing building on the side is looking taken from the west side of Mahoney looking East and then this is a photo of the parking lot looking North from Mahoney Avenue the subject site is a half acre and this if this request is approved it would establish the same development standards as the property to the north as far as the T5 Ms regulating plan for the form-based code and that would help create a more uniform form for anticipated feature Redevelopment of the site as a part of the pro of this request the applicant did submit a system participation plan they sent letters to Property Owners within a thousand feet of the site as well as the homeowners and neighborhood associations as part of that um Outreach they received some comments back and those comments I believe are in your citizen participation report packet and I can't remember if there's three or four of those emails that the applicant received but they were in favor of the project or the request as far as the notification that went out for the public hearing staff did not receive any phone calls or emails about the project so in summary staff finds the request complies with the 2040 Mesa General plan and then also complies with the Central Main Street area plan and I'll be happy to answer questions you might have thank you Charlotte are there any questions for Charlotte on this item I'm not seeing any so is the applicant here would you like to come to the podium and before I let you speak I'll have you state your name and business address for the record and then you're welcome to make a presentation or you're also welcome to reserve your time to respond to the the comments that we receive from the public sure so my name is Scott Harwood at 33 South Shadow Breeze Road in Kaysville Utah I'm with Oz development and the property owner that we represent is um oz16 qozb LLC we've got many projects up in Utah this will be our second one down here in the greater Phoenix area we've got one in downtown Phoenix and then this one in Mesa and then looking at one in Tucson right now as well so I think Charlotte mentioned it pretty clearly that we're just trying to assemble these three Parcels with the four that we have contiguous to it to create consistent zoning in the project where these buildings were will overlap the entirety of those seven Parcels um really focused on the transit component The Pedestrian piece is really key to us and we think our building really will set a precedence there on Country Club in Maine as a real entrance to Mesa something that makes a statement the architecture is pretty unique and fun we're working through our schematic design right now we should have that in on our zoning clearance package the end of this week all of our Consultants have been working really hard to to get through all of that um but I did receive four comments well three through email one yesterday on a phone call that were very supportive of what we were doing in that corner area the three emails are attached to the packet the one phone call yesterday was Brian Mitchell who owns various properties in downtown Mesa as well Brian was super supportive asked if there's anything he could do I certainly said we'll get back to you as we brainstorm and work through the project but um right now we've gotten really good feedback on what we've proposed so far so if there's any questions happy to answer them but that's about it okay thank you are there questions for Scott on this item board member pitcher so do you own the property there then to the North or the rest of those buildings or what what do you correct um if you look the hard corner on Country Club in Maine where the Taco Shop is that's us as well so we own that property and then all the way over getting those tenants that you've been shown the building and then back along Mahoney where there's a couple of vacant Parcels as well on that back side so all of that will be combined into the project and what do you envision as the height of the the buildings yeah we've got designed right now on the hard Corner you've got a a level of Podium parking with five stories on top of that and then the the phase that's just off to the side of that is three stories of Podium parking with five on top of that so between five and eight stories varying Heights board member Peterson so on the on the south portion so the yeah the area in question here is part of the project from some of the concepts that look like the the uh buildings were primarily Street loaded do you uh so the the East half of this of the property shown in blue will that be the the full Podium parking as well so how many stories of that yeah you've got three stories all of the blue has the three stories of Podium parking with the five on top of that and you load coming up Morris and into that parking garage right off of of Morris to both sides of of that project so okay gotcha thank you any other questions at this time all right thank you okay I've got a speakers card from uh Nicole Walters so Nicole if you would come up to the podium and state your name and address for the record and then you'll have three minutes to tell us what you'd like to tell us about this one of course thanks for having me my name is Nicole Walters I reside at 244 West Mahoney Avenue uh I am a long time local Mesa resident and a small business owner my home and Business are located to the east adjacent to parcel 1385 40 36 of which Oz development is seeking rezoning permissions for I respectfully request the Planning and Zoning rezoning Board and chair to deny this rezoning effort until more community outreach including a neighborhood meeting with small business owners and local residents like myself in the immediate area can be conducted I oppose this effort because I believe this project will make it difficult for my customers to reach my business there has been no public information provided on any road closures that this construction for this project will require the construction noise is sure to be deafening and is a concern for me and may make it harder for me to do my work and carry on with providing my services to the local community I am also having concerns about overflow parking usage of local infrastructure as someone who has worked in Main Street for 10 years now I know that we we get some rolling blackouts every once in a while in the summer so I have concerns and unanswered questions about that I am concerned that this is a direct threat to my livelihood in making May force me to close my business or move elsewhere according to Oz development citizen participation action plan the due diligence and community outreach included only contacting land owners within a thousand feet of this proposed development the developer and I quote does not plan on holding a neighborhood meeting as this request is non-controversial and does not seem to Warrant a neighborhood meeting to discuss the rezone request I disagree with this statement in addition to Property Owners renters also make up a vibrant part of the local community and we deserve to have a chance to be given information about the project our question answered and our concerns heard in my view only considering the input from property owners and not that of local small business owners and residents who happen to be renting here is controversial because it is only considering input from one group and only valuing the interests and opinions of one over the other which simply put is discrimination I fully agree that Mesa is an urgent need of additional housing to increase Supply and keep up with demand however there are too many unanswered questions on this project and how it will and attacked residents and small businesses like mine and for this reason I oppose this rezoning measure side note and one of those slides that they showed you can actually see my business and house I also have concerns about how the five to eight stories and where all these people are going to go I'm worried that they're not going to have enough parking and it will clog traffic on the street and on a personal note it will block the sunlight to my garden which I'm not particularly happy about I yield my time thank you for having me Nicole thank you for coming down I is there a possibility that having more people in the neighborhood will will benefit your business or is it I mean is it usually more foot traffic locally helps businesses I'm just wondering if that if you see that as a possibility here um I have thought that maybe it would uh local foot traffic however I'm an appointment only shop and I don't accept walk-ins so additional visibility may be nice but I'm concerned I have limited parking for my people already if people are parking on this public Street I may not have any access for my customers also it's just a two-lane Street on Mahoney so if people are parking there or if it's blocked off it's going to be very hard for people to find me I'm going to have to basically tell them go to cider Corps and then go go west until you find me and I'm down on the right it's a much easier access currently to tell people go to Country Club and Main Street and then just pop over to me through Morris so it might bring me some additional customers but not not any more than I I currently have I don't think I'm I'm going to ask staff in a minute to respond and maybe the applicant but before I do that does any of any of the other board members have questions for Nicole well board member pitcher um could we where are you on on this so I am to the east of the empty lots the parking lot okay yeah so there's Morris Plaza and then there's the parking lots and my house is directly east of that okay you're you're two four four two four four yes okay just just I want to make sure I know where you are of course okay and then if I could ask staff to address the the first of all the question about notice and about notice going to landowners and what we do if anything about people who are renters um and then uh I I guess I have a question about the construction time and whether possibly a good neighbor type Arrangement would would be beneficial so those are kind of the questions I have chair board members so the applicant did notice the property in accordance with code requirements so the there was an ad posted in the paper the site was physically posted and then the property owners um were given notice so that is our standard practice that's a requirement of the code to get the property owners addresses from the assessors information to get renter information that's very difficult to obtain it's it's just it just is because it's where do you gather that information from where's that database sometimes that you might be able to get it from utilities but that often changes as well um so they did they did complete all their their noticing requirements there and the posting of the site the newspaper gives the opportunity for for those that aren't Property Owners to be aware of it this is going to city council for Action as well so there's still opportunity to make comment on this at city council okay okay thank you and board member Peterson yeah Rachel what about uh some form of of uh whether it's Good Neighbor policy or communication with with stakeholders in the area regarding the construction road access all those types of things what what is the um what what are the options or the lines of communication to achieve that so I do I believe as part of their conceptual plan they are looking at possibly vacating a portion of Morris so that also would be a city council action and that is coordinated through the real estate department so there would be they do have some sort of Outreach requirements of that as well I just I'm not sure what exactly those are um so there will be further opportunity to comment on on that and to for them to meet with those those Neighbors on that issue you know I I don't I don't remember from the package was there was there a parking study done on this item so so right now we don't have an application in for the actual development this is right now um before it says only to change that that overlay Zone the transect this property is technically still zoned DC um so they haven't even opted into the form-based code yet so once they do at that point they would be submitting their actual site plan for review okay but that would not because it's under the form-based code that would not come back before us correct that is correct yeah where so what's the the how would a resident get information both before and during construction or or be able to have that you know concerns over over streets being closed or blocked or that type of thing what's the the line of communication there to to uh recommend to to adjacent residents and stakeholders so that they can that they can both be aware and and uh and yeah um chair board member Peterson so the citizen participation process that they completed is that Avenue to do so so they provided you know information to surrounding property owners and they posted the site so it does have their contact information um but as I mentioned any vacation of that right away will require further city council action so once again they'll be noticing requirements associated with that that they will have noticed an opportunity to communicate with the applicant yeah I guess I was asking during construction or when it's going on so that if if there are is is there a vehicle for communication is it just to get the the developers information and contact them directly or is there a mechanism through the city if the streets being rebuilt or improved and going to be closed for a period of time or or all those types of things if there are any complaints if if people have complaints during that process it does go through the development Services Department our engineering development review they coordinate those sort of um sort of comments and communication through the permitting process so that would be the Avenue um yeah I mean I guess it answers some questions I knew nothing about this project until it was posted on April 11th and then if I could just follow up a question for for Rachel um so for Miss Walters here to have to know when will there be another opportunity to have any input at the administrative review level when the site plan comes in and and if so how would she know when that happens can she get on a email list or something um chair board members so as part of that administrative review with that process there is no public notice involved with that we do have a a list of projects posted on our website that people can monitor and they can always contact staff if they have questions or comments but um really it would probably be since she has a contact information for the applicant having direct conversations with them with the applicant okay all right thank you and then did you have something word remember picture no I had one other question you'd mentioned Rachel about you're going to vacate a portion of Morris is that is that what you said or did I misunderstand you um chair board member pitcher um I I don't want to say that that's necessarily going to happen I know there were some conceptual plans where that has been contemplated um but the mention was if that does happen that would require city council action and further in further noticing all right I have a couple of questions for the applicant if Scott if you wouldn't mind coming back up I know that it we're early in the process but two questions for you number one in terms of during the construction period how how do you how will you manage that and make sure the local businesses and local residents aren't adversely affected during construction of the buildings and then the second question has to do with with the parking concern and what you know what you envision in terms of having adequate parking will there be street parking that will be used by the residents of the the buildings sure um to answer your first first question during construction certainly we're going to have construction fencing right and that will typically always have the responsible parties contact name phone number all the information to contact us but we're certainly cognizant of the neighbors that we're going to have around us so anyone who's contacted us on the front end of the very positive emails I got I told them I would keep them in the loop as far as timing and everything related to our project through just email correspondence and updates as we move along I am happy to include I think it was Nicole Wright her information in that packet of just making sure that these individuals that are around us are looped in as far as what we're planning on doing so I'll gather that information from her I hadn't heard anything from her until tonight so I'll get that information I took notes as far as where she is and she is right close to us and we will um certainly make sure everybody knows how to get a hold of us that's that's very important to us the parking component um yeah we we found in the projects we've done to date being proximate to Transit especially on some of our studio and smaller a lot of people don't even use vehicles but we've got parking here that's three levels of Podium on the one side and a full level on the other certainly meeting code on everything we've done to date again we've got a long road as far as plans and schematic review and design tonight's just to look at the rezone component but we'll be working with staff and and looking at that we don't plan on using any off street parking so ours is contained and meets code within our own buildings okay thank you for that Nation are there any other questions on this item I'm not seeing any okay so I will close the public hearing on this item and uh I guess we can have some some discussion or a motion on this item I I will say that this um this is in my opinion the very type of development that we'd like to attract in downtown Mesa denser Urban type of development but I'm also sympathetic to the concerns obviously of people that have been invested in the community they they live downtown they have a business downtown so I I hope that we can we can move forward where that we can accommodate those concerns and make sure that those businesses continue to thrive and that uh that the the use of the property isn't adversely affected by this new uh this new project so that's my that's my thoughts I don't know if anyone has anything else they want to share or not well if I if I could if I could jump in I I agree wholeheartedly without all the comments that you made um but if you're ready for a recommendation I'm happy to do it thank you that would be great board member Allen uh I would recommend that we approve the con 22-01 176 oh you know what I'm reading the wrong one here I got this from Ayers I think sorry Ben following you uh I recommend that we approve zon 22-01168 Edge on Main Apartments within the 100 block of South Morris and within the 200 block of West Mahoney Avenue located east of Country Club Drive and south of Main Street rezone from T4 NF to T5 Ms within the form-based code regulating plan uh this with staff recommendation of approval with conditions all right I have a motion is there a second second all right thank you board member pitcher let's go ahead and vote board member Allen how do you vote I board member Montez aye buy your vote of six eyes and one absent you have passed item 4A I would I would ask the applicant to make sure that he exchanges information with Mr Walters so that there can be some continued uh access there as this project moves forward um okay Rachel is there anything more on our agenda today chair no nothing further all right then with that I will ask for a motion to adjourn our meeting I would provide you that motion to return the meeting oh my gosh thank you board member heirs is there a second goodness all second second board member thank you all in favor board member hi all right you voted to adjourn our meeting thank you everyone for coming are you okay Ben I have no idea