what who did you find Eva are we ready to get started okay all right we'll go ahead and call us to order uh call our study session to order first item on the agenda is the dr23-26 Baseline commercial and Sal looks like you're up first good evening chair and Commissioners one second thank you guys all right so the first item we'll be looking at tonight is Dr 23-26 Baseline commercial the subject site outlined in blue is an approximately 2.8 acre parcel located within the overall 11.82 acre Joe Porter planned area development which is outlined in green there which is located at the southwest corner of Lindsay and Baseline roads the subject site is directly adjacent to the city of Mesa right away to the North Commercial uses to the east and west and the porter Acres residential subdivision to the South there a conceptual development plan for the site was part of the rezoning case z9835 where upon Ordnance 1161 was approved with 41 conditions of development that conceptual site plan and conditions of development were then amended and approved by Town Council on June 6th of 2023. the master site plan proposed for the site is in substantial performance with the previously approved conceptual site plan providing three commercial pads totaling to approximately 11 800 square feet with two with two access points arrived off Baseline Road the parcel is Zone General commercial with the planned area development overlay and all proposed uses are permitted in The General commercial zoning District the proposed Master site plan for the 2.8 Acres on the southwest corner of Lindsay and Baseline Road provides three Paths of commercial use including a 1275 square foot drive through restaurant centralized on-site a 1800 square foot Express Oil Change facility along the east property line and an 8 309 square foot retail building along the western property line all proposed buildings are designed in the north south orientation focusing The prominent elevations towards Baseline Road as previously mentioned access to the site is provided from two points off of Baseline Road one access point is already constructed in the northeast corner of the site and one access point is proposed to be centralized on site roughly 207 feet away from that existing access point there was also an access point located in the northwest corner of the site and this will be maintained as is utilized for soar and list station access only sufficient circulation is also provided on site from three major Interior Drive aisles running north to south and parking on site will be located along both the North and South poverty lines as well as centralized parking spaces near all proposed pad sites as for parking count for our LDC standards 69 spaces would be required in 120 spaces are provided on site as for screening an 8-foot perimeter split face CMU wall will be utilized along the southern property line to mitigate any potential visibility to the neighboring residential uses as for the landscape plan the site provides 35 landscape coverage which exceeds the minimum requirement of 15 percent the landscape pan also proposes a very plant pallet of drought tolerant trees and shrubs including Moga Willow Acacia Evergreen Elm in the southern Live Oak there will also be shrubs and accents plants utilized such as hop seed Bush Legacy Sage Rio Bravo Sage Baja arulia and orange Jubilee Vine there was also an existing SRP easement and existing soar lift station access road that prevents plantings within the landscape setback along that Western Property Line although the landscape setback is uncovered by the access road and sore lift station the required planting quantities have been met along that setback Additionally the 40-foot landscape setback is maintained between the commercial and residential uses to the Southwest all landscape materials will be evenly distributed along Street frontages the perimeter boundaries of the site within parking areas and around the foundation of the buildings pad a as previously mentioned is an Express Oil Change facility that will be roughly 22 feet 8 inches to the top of the parapit with flat roof lines and massing elements extended through variations of multiple Building colors and materials the building is oriented in a north-south fashion focusing The prominent elevations towards the major arterial located to the north the main exterior wall material will be constructed of split face CMU in a gray color the color palette is neutral gray based and includes accent colors such as Walnut real red tricorn black and dark bronze the roll-up doors will be utilized on both the North and South elevations the northern roll-up doors provide transparency and will be accented by anodized aluminum colored dark bronze and all mechanical equipment associated with the building will be screened from the public View and located internally as for pad B which is proposed to be an Andes Frozen Custard it is roughly 25 feet 9 inches in height to the tallest point and roughly 12 feet 8 inches to the top of the roof line the building utilized the brand Standard Building design employed by Andy Frozen Custer building seen around the valley including the small primary structure that is rectangular in shape and constructed of Acme Brick and acne Stone the Acme Brick will be colored russet and the Acme Stone will be unfinished using the Block's color natural color as an accent the large canopy and Architectural blade feature on the north side of the structure will feature accent colors such as bright white Paloma gray and real red and will be constructed of ephes and steel with aluminum accents the order slash pickup area to the north features High windows and fully transparent elevation with metal framing allowing for an active visual Frontage facing Baseline Road with significant positive contributions to The Pedestrian focused environment the structure also features a drive-through canopy over the pickup window that includes Steel columns painted to be bright white and the final pad for the proposed Baseline commercial is approximately 22 feet tall to the top of the parapet and is also oriented in north south fashion the retail structure utilizes modern architecture and shares many of the architectural features and masking elements that are provided on pad a such as shared colors of materials recessed walls and roofline variation the primary color palette is also great with accent colors such as Walnut tricorn black and dark bronze the main exterior wall material will also be constructed of split face CMU with accent walls that are colored to be Colonnade gray and constructed of synthetic stucco the proposed structure will also include awnings canopies windows and other architectural accents along the north east and west elevations to provide visual interest along elevations with high pedestrian visibility as for photometrics there are two lighting types proposed parking lot pole mounted lighting and building mounted lighting the parking lot lights are mounted at 25 feet in height and wall mounted lights are proposed at 14 feet tonight staff is just requesting General feedback regarding the project as well as the applicant requesting CD submittal at risk and with that I'm opening the floor to any questions you may have thank you thanks so anybody have comments or questions for cell nope yeah uh I did give you a month off so we'll make that for that thank you thanks chairman so Sal the question I had um and also commissioner Faye will accept his answer as well so on the on-site drainage it's noticed on the southern portion uh closest to the adjacent residential is that kind of the natural flow or slope because it thinks with the underground tanks and the landscape buffer it to me looks sufficient but I don't want it to impact that adjacent residential the South because I noticed the narrative and the staff report report says it generally meets engineering requirements chair Simon commissioner Bianchi this is something we can definitely take a look at too with our engineering staff they may be here but with this one the thought is that the drainage graded engineering which would be sloped to the South but we can get you some more information um for that for that question yeah as long as as long as engineering's find that the runoff and everything can be contained on site I just hate for it to go to that right slope to the adjacent residential of the South and then I guess my second question would be on the oil change building did staff any did they ever have a preference for the glass garage doors in the rear as well as to the front or is that just generally aesthetic since it really can't see anything from the back other than the residential uh chair Simon commissioner Bianchi that was the thought there from staff is that we wanted to have the prominent elevations face Baseline Road but that's you know a discussion we'll be more than happy to have with the applicant to see if we can include those glass doors on both sides yeah I mean that would be my preference but if it's a cost issue and staff has no issues or other Commissioners I can totally accept that great okay thank you commissioner Bianchi thank you all right thank you anybody else yeah commissioner Davis thank you chair um Sal I just had one comment on the retail building the east side of the retail building they have those two volumes it's a really flat wall and it seems like it would be really easy to just create a little bit of break in that wall plane yeah they have the roof line variation but not on the wall itself like they do in the front it seems like you could pull out those two volumes that are flanked with the black columns just out a little bit just to give a little bit of variation in that wall plane you could probably even still leave that back wall flat but just to get something that's pulling out so if you could take a look at that with them that would be great uh chair Simon commissioner Davis yeah absolutely and if I'm not mistaken I believe those two panels where the stucco is utilized I believe they are bumped out just a bit to get some variation but we can um confirm that with the applicant and get back I couldn't find anything that showed me that so yeah that'd be great thank you absolutely all right thank you anybody else yeah commissioner Faye yes Sal thank you very much um my one only one concern issue is the middle Drive aisle um and I always wonder when the applicant uh doesn't just identify the use but actually tells us the specific entity going in there is it partly to get us excited and which it certainly worked whoever put Torchy's in because I would have done anything for that Torchy's one but and second only to Torchy's this probably gets me there but that middle Drive aisle is also essentially the backup for the drive-through and Andy's this is actually a double-edged sword because Andy's does sometimes drive a big drive through and my problem is that that middle Drive aisle not only is the backup for the drive-through it also lines up directly with the entrance onto Baseline if you have a backup it's going to back up straight out onto the arterial roadway and that's well that's not explicitly developed in the Land Development code but it's not okay right if if that driveway were offset somewhere it would wipe that or not wipe it out but it would mitigate that possibility of cars backing up onto the to the intersection or not into the intersection but into the arterial and then I didn't really see a lot of discussion about traffic overall this intersection is under under capacity it's not a bad intersection but it's also one that is notoriously understudied we've had several other properties cut the North side's in Mesa so we don't even see what they're doing um and there's some dubious planning to say that that Walmart thing is not on the intersection but it kind of is and then our own properties we have the different development ideas that have come forward on more or less on this intersection have all come in just underneath the traffic counts that they need to do any kind of and I remember one time a lady I didn't catch this myself and the lady made up basically a in in layman's terms a cumulative impacts argument and I think there is if everything were to come in on this intersection and do what it's supposed to do I think there would be a cumulative impacts problem potentially and and one that would slide underneath all of our analysis because each individual property seems to be close to but under the thresholds to drive a serious traffic impact analysis that's more of a just file it away and if engineering is cool with it I'm fine with it that middle Drive aisle and the drive the alignment of the middle Drive aisle and that driveway is is bothersome to me though so take a look at that have Tom wrestle with it if there's a strong reason it needs to be there it probably meets standards by by a little bit if there isn't a strong reason and you were to offset it would probably solve the problem great uh chair Simon commissioner Faye yeah we'll definitely look into that option to offset the access point off Baseline Road but just going back to our LDC standards and just you know forwarding the information with Andes their order point is the pickup window so when we look at this site and we utilize our code which is the four spaces for stacking from that order point on the north side of the structure it does hold those forced bases yes that's the stacking requirement and I'm not disputing that I'm it's more of the driveway than the gotcha so good perfect take the extension but of the same argument but it's a different issue okay gotcha thank you all right thank you anybody else right not seeing ESL I don't have anything um to add so thank you very much perfect thank you all and just to clarify we are okay for the CD smell at risk um I would be okay for it um I think I'm all right if the rest of the commission is perfect thank you all all right thanks but so I think actually so you need to talk to Tom and figure out if that driveway can move if if it can or if it can't then then it can't okay if it can then it should and then when it does then I'd be fine with CDs at risk perfect that driveway is the only issue to me gotcha thanks so much commissioner Faye thank you all right thank you thanks so next on the agenda is item two uh the use permit for 22-39 self storage facility and Dr 22-104 self storage facility in Samantha Europe good evening Commission uh this is a study session item for a self-storage facility at Higley and Williams Field up 2239 that's a conditional use permit and Dr 22104 the design review they they go hand in hand and that's what basically what this slide says design review and conditional use permit they are sister cases so staff is reviewing them concurrently and when they are ready for a public hearing they will also be brought forth together okay so as this is a study session item I'm looking for four things General feedback regarding the Cup site design and circulation feedback on the architecture and Mitigation Of impacts to the residential Neighbors I brought fourth cases on this corner quite a bit over the past year it's developing nicely under a master site plan and this is just another piece of the puzzle it's that red polygon there 2.4 Acres on a 12.6 acre Master site plan in the Gateway character area it's going to be a self-storage facility about three stories and about 122 000 square feet in light industrial hence the need for a cup um the storage facility is allowed with a cup and I show this slide here these are the required findings Planning Commission will ultimately be the decider on whether the findings have been met um staff is still evaluating the conditional use permit and in our final presentation and staff report will provide more analysis but I put this up here and in the staff report for you to be prepared to make make the analysis that the proposed use meets the required findings they've gone through first review and um haven't resubmitted just yet they were waiting for tonight's feedback so I show this site plan here and a list of major first review comments the first one is to ensure the loading zones meet our standards for off Street loading and there's a yellow arrow there that points to the specific loading spot that I'm talking about the second is landscape island is needed every eight parking spaces down there at the yellow rectangle to the South I think they have 10 spaces there so they need an island every eight or they can break it up however which way they want they can do an island every four spaces if they wanted and then um the West Drive aisle is a pretty large aisle and staff made the comment to a plan or be a little more clear on their site plan with the intent of that fire lane although they have a loading zone there um it it could be used for loading if it's not called out so we we just like to see a little more clarification on the site plan what the intent of that those areas next to the building might be for landscape we also had some major comments one of them was to swap out a sissu tree um we're although the LDC asks for Susu trees we're getting away from that species providing a landscape more landscape along the that boundary right there that's what I was looking for the East Boundary there's a security screen wall proposed and this is under one ownership so one property owner so it would be really easy to add Landscaping when the future pad to the east comes in they'll also be asked to provide Landscaping along that screen wall so we thought we'd make the comment there early on that Arrow points to more building Foundation landscaping that's a pretty standard request of the landscape section of the code and they also propose a wrought iron fence um staff found it a little strange that there's another fence separating the Landscaping even though there's a perimeter wall proposed around the entirety of the parcel so we just need a little more clarification on that location or if it needs to be there at all these are the elevations um staff thinks they look pretty good the only big comment we have was let's see on this elevation the east and west elevation those have some pretty long roof lines so we made the comment to break up the roof lines about every 80 to 100 feet um staff issued other smaller elevation comments and the architect seemed amenable to those comments and they gave us a sneak peek of their revised submittal so we're moving along with those we're pretty happy with how those discussions are going and I think it's going to be buttoned up pretty nicely by the public hearing let me go back one slide I want to show the north elevation on the top image right side you can see there's a nice break in the massing that's the step back that's required in light industrial for buildings over three stories buildings within 100 feet of residential every step back is required so they do show that and they comply with the 100 foot distance from residential and staff does really like that feature it breaks up the massing for the Neighbors on the west side here's a slide talking about neighborhood meetings they had two the first one was required and the second one they voluntarily put that together some general feedback they heard from both meetings was to pay a little more attention to the landscape buffer along the west boundary some concerns for site safety and transients along the railroad concerns for lighting and they offered suggestions to mitigate impacts using motion sensor technology dimming timing concerns around development plans for the future of the of these commercial pads since it's been vacant for some time and here's the study session input again I can leave this up because that's the end of my presentation all right thank you sorry I was trying to work something out in my head so any questions or comments anybody commissioner Bianchi oh commissioner Davis um Samantha I have a quick question on the they had the two meetings did in the neighborhood concerns were they addressed in the plans that have come in are they now is the amount of landscaping they're providing mitigating it enough for the residences have you heard anything I haven't heard anything from the residents regarding the Landscaping in particular um from a staff perspective the landscape buffer is meets our code and exceeds in fact the landscape setback is 30 feet and they are meeting that at 35 feet um we've made comments we passed along the comment about the impact of lighting I have yet to see a revision to that they're still in review so I'll check with them on addressing some of these concerns okay thank you I like the direction the building's going I think it's a nice looking building and the Landscaping did look like there was quite a bit there I was just concerned that maybe there's something that the neighbors they I didn't know if this plan reflected the neighborhood concerns or not so okay thank you all right Christian Bianchi thank you chairman uh yeah Samantha you kind of answered the first one I had regarding the step back on the third story in the west elevation another one is kind of along the lines of commissioner Davis's So based on the neighborhood meeting feedback I should kind of if there were any changes that needed to be made I guess my questions more along the lines is is there any photometric plan that was needed because if so I'm wondering if one's been submitted with kind of concern to that Western portion uh facing the residential that would be my one concern yeah chair and commissioner Bianchi I have a slide for that they did submit a photometric plan that's a standard request of a design review and we did make some comments um again you can see there on that bullet the neighbors requested looking into uh light mitigation Technologies um so I can touch base with the applicant on that they are meeting they they will be meeting our standards I've made comments to correct the site plan to reflect Meeting those standards of our foot candle maximum is 0.3 at the property line uh the pole height is uh when within 100 feet of residential must be 14 14 feet is the max so these are all standard Provisions to prevent light pollution into the residential neighborhood and that is something we're checking for yeah I didn't know it was security lighting or anything if that was a factor so um so thank you that kind of addressed as my my largest concern I kind of agreed with staff on breaking up that longer roof line and as commissioner Davis said I think for a self storage unit the elevations look pretty decent on the site itself so and I it looks like the four findings of fact are likely to be met so thank you thank you anybody else yeah um Vice chair thank you very much for the time chairman uh I just wanted to comment on that I agree with you about the additional Landscaping along what I believe is the Western Edge I think that that'll be an important addition and as well as commend you on trying to eliminate the sisu trees as they're extremely water hungry and invasive species and end up choking out other plants and given how hot it is I think that uh saving that water would be prudent so well done uh chair and vice chair one clarification did you mean the East Boundary where that blue rectangle is the right side yes yes I just was uh upside down my apologies no no problem thank you anything else Mr Johnson um actually thank you chairman is this a 24-hour facility use facility so for example is there access of traffic in any time of day uh and are there any security issues relating to that chair and commissioner Johnson that's a great question I don't have the answer as to their business hours operation I can I can ask and find out certainly thank you thank you Mr chairman all right thank you Mr Pay Yes actually I'm a big fan we should do sorry I said Ashley but uh we should do more these these type of uses I'm a big fan of this and I'm a big big fan of using a master site plan to to deal with the externalities the drainage and the all that kind of stuff rather than individual sites so I like I'm applauding staff we should do more things like this Thank you new thank you commissioner faith that was it well that was all right um so Samantha sorry um so the question I had 24 hour is this 24 hour day um I'm a little bit perplexed because this is a three-story facility correct uh chair Simon yes so I don't know that I understand why the placement of the East and West like when I'm looking at it it makes more sense to me to put the east on the west and the West on the East with regards to those loading loading doors it's not a big enough space to get large trucks in so I don't know that you're going to have a lot of traffic there there's going to be more traffic in that front entry and on that side loading dock so that's just when I'm looking at that so that that's where I was getting a little bit confused because I'm looking at this thinking uh it just almost makes more sense to go the the opposite direction especially with with Higley being the frontage even though there's development in between Higley and that so and I'm sure there's probably been some study that's happened with regards to why they did it that way but that would be my question as to you know what what is the thought process to put that main loading door or entrance against the residential rather than put it the other direction and then and if you have an answer for that I'll take it but the other question that I have is is this a um a circular Drive where it's a one-way um entry on the East and it's one way all the way around to the west or are they allowing entry on both sides yeah chair Simon those are great questions I'll answer your second one first it they are a uh the circulation is two-way um the drive width is large enough for two-way it fits our standards for two-way flow the first I don't have a solid answer for you I can document that and ask perhaps the on the East Elevation maybe they placed it in this manner because there will be outdoor uh garage access on the east side and roll up doors [Music] we have a provision where roll-up doors um I I think it's they need to be pushed out 200 feet from residential so putting it on the East side as far away from the residential might have had something to do with that but I can clarify and include that in my report okay I appreciate that I mean we're I feel like we're looking at a dozen doors or so and I understand that but then I look at the flip side where we've got three stories of units with loading and unloading going into two doors that are basically facing the residential so it just when I look at it I in my head I think it feels like it should go the other way and then also from uh I guess an Aesthetics percent perspective it just looks like it's facing an odd Direction so uh chair Simon can I ask is your concern maybe congestion at that West loading and unloading Zone I I guess that might be a piece of it I mean I know that there's there's some parking and some loading there on the south portion of it as well and the north side as well and the north side well right you've got the one bay door the the oversized parking on that north side correct so it just I I feel the traffic in this the traffic flow would be at the residential side whether you have roll-up doors or not that's where it's going to be and so when I look at it I think why wouldn't it be flipped with the parking that's on the on the South Side on that Southeast corner and then you've got the the roll doors but then you've got the the main entrance on the east side so I'm not opposed to the the project I think it's a great project I like the building I think it's a great use it's just when I think about it in my head I feel like if I was a resident there I'd almost kind of want it the other way around as far as thinking traffic through but just an opinion okay thank you for the feedback all right anybody else have anything cool all right Samantha thank you thank you all right uh item number three is a dr-23 Whataburger and Kristen all right good evening commission the case I have for discussion tonight is for a Whataburger the proposed Whataburger is located within a master site plan at the southeast corner of Gilbert and Warner Road seen here outlined in Red so just across the street here tonight I'm going to be seeking input on the elevations and any general feedback that you have right the site is approximately 1.4 acres in a Zone Regional commercial the proposed building is 2985 square feet and includes a double lane drive-through with five stacking spaces between the drive-through Lanes is a two foot striped landing area for employees that may need to walk between the lanes there's also a crosswalk connecting the landing area to the exterior door that employees will utilize to deliver food to that outside Lane all right the proposed building is a modular construction with an efis exterior the proposed colors are the same as the other buildings within the center staff has requested the addition of columns to the elevations to better match the neighboring buildings and we've also requested the removal of the orange color from the design of the canopy and for the colors of the canopy to match the other buildings in the center seen here are examples of the other approved buildings in the center all currently built or under construction as you can see the buildings are very similar and they all include Columns of the same style and color of canopy corporate colors for the tenants are only seen in their signage and with that I'm hoping to get your feedback again today on the elevations specifically on if you have any suggestions or comments other than the column and canopy modifications that I mentioned and also any other General feedback that you may have and I'm available for questions all right thank you Kristen anybody have questions or comments commissioner Bianchi no nothing wait somebody marked that down just kidding anybody no ah commissioner Davis thank you sorry um Samantha sorry Kristen um I had a question on the materials for the building because it looks like this is just all epists and without any additional materials are there I feel like there's other materials in that Center some brick or something I was looking I didn't get it I came in the back way so I didn't go by it I meant to um but it feels like it needs something to kind of mix up the materials it's just a lot of Stucco I really like the Whataburger prototype that's been coming in I think it's really rich feeling with the natural brick on it um kind of neat this one's not wowing me it feels it has definitely a 70s vibe to it but I think maybe some sort of material like a brick or a stone or something if there's something like that in the center that could be pulled in that would help it so cheers Simon commissioner Davis the reason that it doesn't have another material is because none of the other buildings do the other buildings in the center are primarily stucco they've got the metal accents of the canopies even the column features are stucco with a different color on the bottom to kind of make the column stand out a little more in the original the first review of the submittal they did have different colors and materials and we asked them to remove them so that it did match the other buildings in the center we didn't want this one building to be the only building that looked different I do agree it should blend with the other buildings it's very stripy though so take a look at that but the metal material will help it for sure I was just surprised because it looks so different than what we've been seeing so for Whataburger it was at our request oh commissioner Anderson other columns drawn on the elevations now I'm sorry oh The Columns are on the elevations now or are you questing for them to add them uh chair Simon commissioner Anderson we are requesting them to be added um it's a fairly small building it's just under 3000 square feet but at least on the longer elevations I feel like it might just break it up a little bit more and add something because I'm just looking at the floor plan or the site plan and if you're asking for the columns to be added strictly because the buildings north of this has columns the buildings North have columns because they're holding up a shaded structure for people to go from shop to shop it's creating a covered pathway this is a single building it's only one user here so I don't know exactly if columns are needed for it you know what exactly are they going to do just so I I personally don't think the columns are needed unless you know this was attached to another space and to create that kind of cupboard pathway and interaction between the two spaces um so I would be okay with and it's pretty kind of I think it's further enough away from what's Happening north of it that it wouldn't look like a sore thumb in the in the area so I I would be okay if they did not put columns onto the building I I personally I don't think they're needed I think the architecture kind of speaks for itself with a play of colors and um forms of the building so thank you all right thank you anybody else no um Chris my only question on this is my understanding is that this building with regards to the colors outside of the corporate Whataburger signage are matching colors of the rest of the development so that Whataburger yellow or mustard or whatever color that is that would be the only deviation so chair Simon um every color on here with the exception of the orange canopy is seen within the center okay okay yeah I don't have any problem then I would actually agree with commissary Anderson with regards to the pillars I don't know that I see a need for them there um I feel like the building is fine the way that it is so anybody have anything else Chris did you have what you need I do thank you very much thank you okay I have uh item number four on the agenda is overview of the adopted code of conduct and we have a presentation on that tonight we do Mr chairman with your your permission it would be okay if I presented from from the chair of if you would like a lot of practice it's been a while since I've been at the podium my apologies sir um well maybe we should give you practice then and then it might become a habit so um as you may know the Town Council on June 20th adopted uh two policies uh one including the the ethics handbook and the other the code of conduct and tonight I will be making a presentation of those two documents I'll take a little bit time to just review the history and the purpose of the ethics policy um and then we'll kind of get into the meat of of the provisions and then wrap it up hopefully in time for uh Planning Commission uh so it was uh our ethics policy was originally adopted in August of 2012. um it's undergone at least one Amendment um in 2021 to require that three council members would be able to agenda agenda size a complaint and then in December of 2022 um at the council Retreat there was some further discussion about amending it um totally essentially revamping it and from there an Ethics subcommittee was formed and like I mentioned uh June 20th of this year at ethics handbook and code of conduct were both adopted and on June 29th you should have received as members of the boarding commission you should have received an email from our Deputy town clerk with the these documents both attached this is part of your annual training you're required to look at the video as well as review the current ethics policy and um just beyond notice that these Provisions as adopted in June are going to take effect in August on August 21st 2023. um essentially our our ethics handbook and code of conduct kind of um encapsulate a three-prong approach one of them is the ethical requirements found in section one of the ethics handbook the second is state law which stands alone in the Arizona revised Statute and it's also covered in the section five of the ethics handbook and then a standalone document um by way by the name of code of conduct was also adopted so these kind of three-prong approach altogether encapsulates all of your ethical duties and obligations um it applies to all elected and appointed officials and it defines the scope of ethical standards it also creates limitations on filings and creates a new ethics complaint process if I can just kind of back up so um so I will be starting off with this first prong for uh the ethics handbook so this next slide here is kind of just an overview of what the ethics handbook contains and then section one of that handbook um it outlines the four ethical pillars honesty and integrity um it's expected that one will be honest and have integrity for all issues it's also expected that you will govern and conduct oneself with fairness and partiality and respect on all matters and citizens as well as being loyal loyal to the community's best interest above above one's own and also to be transparent and disclose any gift with a value of fifty dollars or more um section two of the handbook kind of outlines the the new ethics complaint process just really quickly who may file an Ethics code per an Ethics violation of the ethics handbook and I make that distinction because there's also a complaint process for violations of the code of conduct which I'll be covering um shortly so who may file pretty pretty much everyone is so long as you've been directly aggrieved or if you're a property owner business owner staff resident board and commission members as well as council members however there can be no Anonymous complaints and you must file a person must file within 30 days of an alleged violation so that's a bit of a change um our under our current policy was open-ended and you know conceivably someone could make a complaint you know five years down the road um and then this third question I'll cover in a little and a few few more slides may I file an Ethics complaint for a violation under state law and the answer is no that has its own statutory requirements for filing complaints and then section two and three of that handbook a little bit more information about the ethics complaint process any complaint will be subject to a mandatory mediation and that will require a meeting with an independent and neutral body within 30 days and if the complainant is not satisfied with the results of that mediation then an ethical investigation a report will ensue with the Town Council review and determination any action on behalf of the Town Council now requires five affirmative votes um so pretty high threshold for any action to be taken and um those actions could include um these nine uh penalties or sanctions a finding that ethical violation has been a finding of ethical violation but no sanction mandatory ethical training letter of warning formal censure letter reprimand and position of a 500 fine loss of funding privileges removal position assignment and or removal of office for boards commissions and committee members and then as I mentioned so this would be the second prong of the three-prong approach and this and these ethics standards would be found in Arizona revised Statute and they include conflicts of interest open meeting laws public records laws and disclosure of confidential information um the subcommittee did not make any changes obviously to State statutes so that remains that's within the Falls within the purview of the legislature and those complaints would not be filed with us they would depending on the nature of the complaint would be filed either with the ages the Attorney General's office the law enforcement agency or address through private citizen loss lawsuit and for more information that again that would be found in section five of the ethics handbook so the third prong approach um is encapsulated within our code of conduct that was the second policy that was adopted on June 20th of this year the purpose is to provide common sense guidelines to assist the ability of public officials to perform their duties with the highest standards of personal ethics and integrity fairness and partiality and again it applies to all council members and board and commission committee members and the main distinction I'd like to make about this is in the code of conduct there is there are no penalties or or sanctions section however if there are multiple complaints of a violation of this code of conduct it could rise to the level of an ethical complaint under the ethics handbook and I have to say that the code of conduct is pretty dense I don't want to take up too much of your time but it does cover duties to the town our conduct with each other conduct without your conduct with Town staff conduct with members of the public conduct with public agencies conduct with boards commissions and committees conduct with the media and again confidentiality before I go into kind of the more specifics I really do have to say I'm very proud uh to be working with you all you are ex you know immensely professional um I witnessed nothing but professional uh conduct from you all so I I really appreciate that um so just general duties of elected and appointed um public officials again the you know it is kind of common sense that we're here to make an effort and participate um you're also um do you have a duty to report if you believe that a violation of state law at the ethics handbook or the code of conduct has occurred um you are responsible for declaring any public I'm sorry any conflict of interest whether they be personal interest or business interest and whether they're actual or perceived and abstaining from not voting um I'm sorry sustaining from voting is not allowed unless there is a conflict of interest you must attend um must not be discriminatory or harass um you must not um participate in political activities um such as you know kind of campaigning here for elected office or ballot issues or otherwise there are some Provisions relating to travel and as well as you know the use of public equipment such as your laptop or phone you want to minimize any private use of that and it shouldn't be used for any business or campaigning causes and again it's the annual training email came out on June 29th if you have not yet please review and sign um I'd like to just uh again pretty dense with conduct with each other use of formal titles um is is very helpful especially when things get a little bit heated um for me I've always found that the use of formal titles is always a way that says I may not agree with your opinion but I respect your position I respect that you've been appointed and that you represent the interests of the constituents um also use use of stability in decorum in discussions and debate honor the role of the chairperson in maintaining order and demonstrate effective problem-solving approaches um again it's been a privilege to work with you guys you always have treated staff as professionals and here as I look through some of these Provisions um you know I can see how as a as a management kind of a form of government a town manager form of government that some of these things need to be specified but as members of the Planning Commission I think that we already do most of this so you limit the contact to specific Town staff planning staff you don't use your your position to undo influence the staff you you know shouldn't disrupt Town staff from their job but at the same time it's our job to respond to you so never publicly criticize an individual employee do not get involved in administrative functions don't attend meetings with Town staff unless you're required to do do so by an authorized staff limit requests for staff support but we always welcome your your requests and your questions and again don't solicit political support from staff and then here the con the code of conduct kind of makes a distinction of our conduct in public meetings versus an official settings and here you just want to make a distinction that if you're speaking on behalf of yourself or on behalf of the town and again if you run into one of a constituent in the supermarket um just don't make any promises on behalf of of the body you know some you can get a little you can get a little uh uncomfortable maybe but it's really important to remember that and as we're dealing with public agencies always be clear about whether you're representing the town or your personal interests um and if you are representing um your um if you are taking a representative position on a board make sure that your position should not conflict with the towns and always stay in communication if it does if it should ever rise to that level any communication or correspondence should be equally clear about your representation here anything on a Town's letterhead is going to be an official Town position versus you know some social medias a social media posts if it has to do anything with Town business you want to make sure that you're disclosing your your speaking on a on behalf of you personally and if you ever run across any threats of legal action please Community cease communication on that subject and refer any referred them to the the legal department and we'll be happy to to help you with that and again so section six would cover Town council's conduct with boards commissions and committees um just some more information there our conduct uh your conduct with the media um if you're speaking on behalf of the town make sure that you're communicating and contacting Town manager's office and if you're speaking from a personal position please include a disclaimer that you're not this doesn't necessarily reflect the views of the town um and uh you wouldn't want it to get any discussions regarding staff members those should be addressed directly with the town manager and any media inquiries again about claims or litigation should be referred to the town attorney's office and uh here the code of conduct complaint process pretty much follows the ethical handbook there is a 30-day limitation here only the public officials or the staff can file a complaint under code of conduct it's not extended to members of the public there is a mandatory in-person meeting can be an ethical violation for refusal to to participate and then again if there's multiple code of conduct complaints it can be considered rise to the level of an Ethics complaint where it would go to before Town Council and that's it guys any questions great thank you any questions commissioner Johnson chairman Simon properly noted and planning a manager Eva could throw properly annoted I have a couple of questions the first is a definitional one uh and part of the first part of your uh presentation the term loyalty came up and I'm concerned I'm trying to wrap my arms around what is loyalty I know loyalty and two senses loyalty in my country I serve the state department for several years in a foreign country and loyalty to my wife now in a loyalty sense for the uh town of Gilbert I'm not sure what the applications are for example would I be disloyal if I wrote a letter to the editor of a local media and was disagreeing with the position of the Town Council or is that something that's covered otherwise so I'm not sure of the operational definition of loyalty is obviously I understand as a commissioner I am Bound by certain protocols and and the respect and professionalisms and the other things but I'm still I still think loyalty still needs of some operational definition uh because I'm not sure you know what Loyalty means in a setting as both a citizen of Gilbert as well as a commissioner thank you thank you chemistry I'm not sure if that was a question or would you like you're looking for an answer yeah I'm just looking for some definitional uh something that has some guidance because I think loyalty is a very broad term uh because you know you may be uh acting in a way that your loyalty is to a certain principle that may be disagreeing with a decision of the Town Council or disagreeing with a policy uh position of the town's management so I'm just unclear as to how how you fine-tune that term in an operational sense or a behavioral sense thank you thank you commissioner um well I will start off by saying that any um these These are complicated and difficult questions sometimes and they are very fact dependent um and it is and it is a little difficult I think to address in in the hypothetical I would just really encourage everyone here that if there is um any situation that arises that I myself including uh you know Chris Payne Our Town attorney is always available to discuss and to go over any questions but more specifically to your question sir uh if you take a look at the ethicals handbook and Page four I'm sorry section one paragraph D um it it has um what uh the provisions regarding loyalty and I can read that out loud it's not a definition per se but there are parameters there that what the expectation is I'll also follow up with saying that um you may be aware at last night's Town Council that there was some direction given to staff that it looks like the subcommittee on ethics will be reconvening so um I will as part of this I will um liaison commissioner I'm sorry um council member Anderson can also communicate kind of your your questions and concerns about the the definition but going back to your question so elected and appointed public officials have the obligation to put the interests of the community as a whole over all personal considerations and make the community's best interests their primary concern the goal should be what is in the best interest of the broadest public good of the town of Gilbert consistent with constitutional and other legal protections for individual rights and property interests now of course what I may consider is in the best interest of the community and what council member Anderson may consider is the best there's going to be a direct A diversity of views on what the best interest of the community is but what that says is I will not be putting my own personal interest above the the town's best interests and again it's if if there's ever a time that there's more a fact pattern emerges please feel free to reach out to me so um so as a matter of protocol especially in my role as a commissioner it would behoove me to if I has something that is questionable that I'm not sure of it would behoove me to contact your office especially as it affects my professional roles as a commissioner correct absolutely sir thank you any other questions comments great thank you very much um is this something we I'm assuming we don't need to take action I don't need to raise my magic scepter or do anything like that okay all right perfect thank you I think given that the ethical obligation is to treat the head of the commission with what respect and honor yes shouldn't we have to thank you in some ways something bow maybe there you go thank you all right moving on um discussion regular meeting uh agenda so we currently have on the consent agenda we've got uh the use permit for 18 up 22-73 18t WCF at Public Storage is on the consent is there any reason that we see needing to pull that off of the consent agenda Sal or staff anybody or anybody on the dice no there's no reason to pull it off okay I'm currently on non-consent we've got Dr 22-71 Quick Trip Higley and Riggs we've got z2303 Gilbert Santan uh Dr 2292 and Dr 2293 the Traditions at Fred's place which is a residential and then the commercial respectively and we've got z2307 LDC text Amendment unless there's any um uh anybody who's against it I propose that we move item 14's the z2307 LDC text Amendment to the consent is there any reason not to move that to consent we're good with that all right so we're going to move item 14 to consent are there any other items that we know of that we can move to consent at this point or anybody like to discuss sure do we have other I know we've got some folks in the audience do we know are there other cases that folks want to speak on um at this point I don't know I don't have any comment public comment cards um all right so at this point we'll go ahead and move item 14 to the consent actually I I have looking at my list item 10. was I I thought was one that could potentially go to consent um and I believe we had some neighbors who were here to speak on that cell okay all right so we're going to go ahead and uh we'll keep item nine on cons on consent move item 14 to consent and then keep items 10 11 12 and 13 on the non-consent we'll go ahead and take a quick five minutes and we'll be back adjourned all right we're gonna go ahead and get started if we're ready go ahead and call the meeting to order and we will start with the Pledge of Allegiance please stand if you're able all right can I get a roll call please commissioner Johnson president alternate age commissioner Davis here commissioner Anderson yeah commissioner Faye president commissioner Blazer commissioner Bianchi here Vice chairman Mund here chairman Simon here we have a quorum thank you all right before we adjourned we discussed the regular meeting agenda to get a motion to approve the regular agenda so moved motioned by commissioner Johnson I have a second I will second that second by Vice chair uh please cast your votes and we'll assume motion carries we can't see the tally do we want to do a voice call uh yes Motion in a second all those in favor aye aye aye anyone opposed all right motion carries all right we'll go ahead and move on to uh Communications from citizens at this time members of the public May comment on matters within the jurisdiction of the town but not on the agenda the commission response is limited to respond to the criticism asking staff to review a matter commented upon or asking that matter be put on future agenda and I do not see that I have any public comment cards for any Communications from citizens are we aware of any all right not seeing any we'll go ahead and move on to our Council liaison report uh councilman Anderson Elaine actually covered most of what I was going to brief you on is that but just to again emphasize that we are going to reconvene our subcommittee I'm chairing that committee we've had some requests for some revised language into the ethics handbook and also the code of conduct that has to do with conflicts of interest and some other things that we're going to look at so if you have any further questions whether it's about loyalty or whatever it may be feel free to contact the attorney's office and we'll see if we can clarify things for you but we will be working on that during the remainder of this month until the 21st all right thank you councilman move on to public hearing all items listed below are consider the consent agenda I'm sorry all items listed below are considered the public hearing consent calendar the commission made by a single motion approve any number of items where after opening the public meeting no person requests the item be removed from the consented 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 to the consent calendar and approved upon a single motion and I have items number nine and number 14 on the consent agenda may I receive a motion for the consent agenda chairman I would like to make a motion to approve the consent agenda consisting of number nine UE 22-73 a t WCF that public storage and number 14 z2307 LDC text amendments all right thank you I have a motion to approve by the Vice chair do I have a second second I have a second by commissioner Faye please cast your votes hmm all right looks like we're having some uh technical difficulties so we'll go ahead and take that verbally we have a second and a I mean a motion in a second to approve the consent agenda all those in favor anyone opposed not hearing any motion carries move on to the public hearing non-consent 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 on uh in support of or in opposition to the public hearing 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 on 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 commissioner board and I've got a few uh public comment cards here if you do wish to speak please fill one of these out and have them sent forward we'll go ahead and move on to item number 10 Dr 22-71 Quick Trip at Higley and Riggs and Sal you're up hello again chair commissioners stir the clicker thank you all right so the project we'll be taking a look at tonight is dr22-71 Quick Trip Higley and Riggs the subject site outlined in blue is located at the northeast corner of Higley and Riggs Road and is part of the Seville Master development plan the subject site is roughly 4.35 acres in zone Community commercial the subject site borders the single family six zoning District to the north east and west which are all residences within the Seville master plan while the shopping center zoning district is located to the South The Proposal consists of a three-phase three-pad commercial Master site plan within lot 13 of the Seville master plan community and the proposed fueling facility is a permitted use within the community commercial zoning District as previously mentioned the master site plan is to be completed in three separate phases phase one which is shown in red here will include the development of the Quick Trip site in all Associated off-site improvements landscaping and screening for the entire Master site plan phase two which is shown in blue is centralized on site and is proposed to be a future quick service restaurant while phase three colored in green is located on the Northern portion of the site and is proposed to be a future retail use the overall Master site plan for the 4.53 net Acres at the northeast corner of Higley and Riggs roads consists of the proposed Quick Trip fueling facility a salad and go and then one additional pad site for future development to the north the quick trip will be a total of 5 312 square feet and located on the southern portion of the parcel facing Riggs Road the proposed salad and go will be roughly 928 square feet and will be centrally located on site and the final pad will be roughly 5 000 square feet and located to the north oriented to face Higley Road the proposed pads will be connected by an internal circulation network with two main internal drive aisles running north south and four Drive aisles running East-West three total access points are also will also be constructed on site one will be located at the southeast Corner along Riggs Road and two will be placed along Higley Road as previously mentioned the master site plan will be completed in three phases with phase one including the development of the Quick Trip structure Landscaping along all property lines off-street improvements construction of off-site access points and sight screen walls as for parking on site spaces have been provided along both the East and West property lines as well as Century Located around the proposed pad sites taking a look at the enlarged site plan for our quick trip it is proposed to be a 24-hour fueling facility that is approximately 5 312 square feet designed in an East-West orientation and an Associated fueling canopy that is approximately 7 280 square feet and a north-south orientation located at the northeast corner of Higley and Riggs the overall site is currently vacant land in its own Community commercial with the planned area development overlay per the Seville Master site plan three access points will be provided on site one will be located in the southwest corner along Riggs Road and designed as a right and right out another write-in right out access point will be located along Higley Road and the southwest corner and one last full motion access point will be located in the Northwest portion of the site along Higley Road and as I previously mentioned I'll propose access points are to be constructed during phase one of the development as for the building itself it's situated on the southern portion of the site with the associated fueling of canopy located just to the west of the structure the building is oriented East-West that focuses those prominent elevations towards rig road while the fueling canopy is oriented in a north-south fashion this alignment will allow the architectural features to be seen from locations with high visibility the building and canopy location provides efficient truck car and pedestrian circulation networks while creating a reasonable buffer between the neighboring residential uses and the adjacent arterials parking will be located along the south and east property lines as well as adjacent to the building's main entrance there is sufficient number of parking spaces proposed to support customer and employee parking all parking spaces will be properly screened with four foot parking screen walls that will be architecturally integrated to match the existing wall scene throughout the Seville master plan and based off the parking ratios for a fooling fueling facility for our Land Development code 54 spaces would be required and 54 spaces are shown on site as for the landscape plan the landscape plan proposes an assorted range of trees and shrubs the types of trees include hybrid Mesquite Live Oak and Evergreen Elm some of the shrubs and accent plants include aloe vera desert dusk red Yucca Nashville moonly yellow bells and yellow trailing Lantana the subject site is also located within Zone 16 of the streetscape themes trees and consists of Palo Verde and Evergreen Elm as the designated tree species all landscaping materials will be evenly distributed along the site entrances and along the property lines Landscaping will also be installed within the parking areas and around the foundations of the buildings visible to the public as for elevations the proposed building will be roughly 20 feet tall with massing elements giving visual interest through variations of multiple Building colors materials and articulations such as recessed walls varying roof line and cornice features which create a clear sense of arrival to the structure the main exterior wall material will be constructed of structural brick colored Brownstone with accent materials consisting of ephis aluminum and steel the color palette is consistent with the adjacent uses and is consistent with the non-residential design guidelines created for Seville giving the structure a natural appearance and providing an emphasis on 360 degree architecture the accent colors of the structure are the typical branding colors seen on quick trips in the valley and consist of QT red QT Brown and other accent colors include granite in Midnight black all building entrances and facades will feature a metal canopy standing seam Awning or a mix thereof and will be finished with QT red and brushed aluminum the proposed fueling canopy is to be 17 feet 6 inches tall to the top of the canopy with a clearance height of 15 feet the fueling canopy will also include shared materials found on the primary structure such as structural brick and aluminum and the shared colors such as QT red and bronze Stone in regards to photometrics there are three lighting types proposed with the development there are parking lot pole mounted lighting canopy mounted lighting and building mounted lighting the parking lot lights are mounted at both 22 feet and 14 feet in height and parking lot lighting will be mounted at 14 feet along the Eastern property line as they are adjacent to residential uses the wall mounted lights are proposed at 10 to 12 feet in height and the canopy lights are proposed from 15 to 19 in feet in height and will not extend below the clear height or sailing of the canopy regarding public notification and input planning staff has received quite a bit of comment from community members around the property and some of the comments and concerns that we have received are increased noise and potential odors created by the fueling facility visual impacts and screening to the neighboring residences architectural compatibility with the existing structures within Seville increased traffic volume to the immediate vicinity overall safety concerns with the proposed use time and location of fuel and convenience delivery General concerns with the proposed use and its adjacency to residential and lastly hours of operation for the fueling facility and Associated convenience store with that staff recommends approval of dr22-71 Quick Trip located at the northeast corner of Higley and Riggs and that concludes my presentation and I open the floor to any questions you may have thank you all right thanks Sal any questions or comments for Sal at this point commissioner Johnson uh chairman of Sal uh thank you very much on the uh access points on the north on Higley are is there a provision for a left turn Southbound on Higley into the into the site chair Simon commissioner Johnson on the site plan let me go ahead and take a quick look here so along Higley Road there will be in the southwest corner of full motion access point so there should be the availability for the left turn in at that location the other two proposed access points are right in right out thank you all right thank you everybody else Mr Faye no he had your mic on I wasn't sure oh heck commissioner Bianchi thank you chairman so Sal I'm just guessing that even though this is more of a land use that the 24-hour operation for Community commercial is allowed doesn't need a use permit or anything like that we didn't see that so yeah so it's acceptable cheers Simon commissioner Bianchi per our code in the in the commercial zoning district there is no regulations or limitations on hours of operation and there are no mentions to hours of operations within the Seville pad so it's accepted okay and then um staff's overall agreement they're okay with the lighting plan as presented with the photo metrics chair Simon commissioner Bianchi staff overall is okay with the present a photometric plan okay and then I guess my other question would be was there any discussion of putting the trash enclosure on the north side of the development rather than the east side here I mean we're looking at the master site plan correct yeah I'm just thinking for the QT itself the enclosure that it's got on the east side I was wondering if it could be put closer to the on the Northern end I mean I know it's probably easiest for solid waste of refuse to drive straight in there and grab that dumpster but chair Simon commissioner Bianchi um the location of the trash enclosure didn't raise any concerns for the planning staff in this current location but uh that's something we can definitely take a look at to see if we can relocate that for better use on site okay thank you so yeah absolutely sure any other questions or comments for sale at this point we're good all right Sal thank you thank you all um would the applicant like to make a presentation now or would you like to wait till after public comment or both hit the button below the mic the little gray button down on the base there you go look at that okay thanks for the opportunity chair I think at this point Sal's done a really good job of introducing the project to you all so I think it might be a good idea to hear the feedback from the members of the public who are in attendance and that way instead of coming up here twice you guys can only deal with me once and we can handle it all at the same time so I think that's a good suggestion thank you we'll do that all right so we have a few comment cards I do have one um Sherry Smith I don't have whether you wish to speak or not do you wish to speak you do okay so we'll start with you so Sherry Smith if you'd like to come up if you've got three minutes please state your name and your um City residence my name is Shari Smith I'm a citizen of Gilbert and I live in Seville and that's why I'm here so Seville is a homeowners association with over 3 000 houses and it's a country club location um when we bought the house we weren't told that there was going to be a gas station I'm not exactly sure when the zoning got changed as far as allowing for some of the setbacks um but I do think it might have been during covid but my concerns with this are a few one of them is that given realtor studies there are there's a known immediate effect of a gas station coming in next to some properties houses of a 16 decline in homeowner value and that basically goes out to 200 meters on a decreasing scale and then it the whole the impact of it can be felt because of the house next to you went down comps are going to go down the other houses are going to go down so they're going to go down all the way up into 600 meters which is about 0.4 miles so this is an affluent neighborhood we pay a lot of taxes and I don't think that this is the best use of what we've been asking for which is restaurants brought lots of restaurants there's not one restaurant between Gilbert and Power Road on rigs nothing they did finally Chandler put in a McDonald's so the other thing that some of the property owners and I am concerned about are the health impacts of having a gas station next to us even when they have the very best mechanics in place to help stop the ozone problems and the Benzene things there's Links of childhood leukemia going up there's also Links of asthma especially with the ozone issues directly next to it and there are lots of studies that are shown on it and then as far as the trash thing was considered so that's going to be backing up to the people's houses that are right there you've got the 30 foot Gap and then you've got lines of people's houses so if that can get moved that would probably help because the smell of trash will be really bad especially on those hot summer days and basically that oh that's it they're except for the equestrian Trail where is the equestrian Trail getting moved to because that's an equestrian Trail the whole neighborhood is we'll need to ask staff so go ahead and finish your comments and we'll go from there um my final comment is if we're going to build a three a six thousand square foot pad next to it please don't give us another nail salon we don't want a bright place we want some places where we can eat maybe even like a deli where you can pick some groceries up some wine would be nice but we really really asked for we have been asking for in Seville restaurants and places to go eat other than McDonald's and Taco Bell for years so that's what we would hope that we would get next a wine bar would be awesome and that's it all right thank you next up we have uh Lewis and I can't make out your last name so I'll have you say that one for me appreciate it state your name and your address sure my name is Louis shikaloni 7134 South bridalville Drive Gilbert Arizona 85298 and my house backs up right to the um corner of that lot again my name is Louis shicoloni I live in Seville and I've been a resident of Gilbert for 20 years My Back Fence is adjacent to the lot in question approximately one thousand feet down the road from this proposed location is a Fry's gas station across the street from that as a Chevron down the road at Power in Chandler Heights another gas station at Circle K Val Vista and Riggs a gas station power in San Tan Boulevard another gas station within one to four miles of this proposed location we have no less than five gas stations we don't need another one and we certainly don't need one right in our backyards more importantly there is no buffer between our property and this proposed gas station again my backyard literally butts up to that that lot no additional commercial buildings no roads no barriers nothing no amount of block wall vegetation or trees will block the view from our Second Story window we pay good money for our homes those are our investments where we relax raise our families spend time with friends and we don't want the noise and environmental pollution that comes with a gas station let alone one that runs 24 hours a day literally outside our windows I've been a police officer in the valley for 23 years in gas stations and parking lots produce noise garbage noxious odors and oftentimes become informal gathering places for criminal conduct and nefarious activity all this would be in our backyard the Civic leaders of this town have a duty to protect the interests of their community they should be creating a positive living environment and exercising sound development strategies that provide forward progress for our town while avoiding a negative impact to the residents I can't think of a single place in Gilbert where a development like this would exist where a gas station would be in such close proximity to our residential structures I don't want my home value to depreciate because of an unnecessary decision is quick trip going to make up that difference in the value we lose or how about the town of Gilbert for a development opportunity that really fills no need would any of you want to look out your bedroom window and see a gas station the plans you just showed we were just shown show a parking lot and a gas station within 30 feet of our backyard so when my family and I are in the pool we get to hear trash trucks and refueling trucks traffic at all hours of the night that's unacceptable please carefully weigh the benefits of your decision versus the damage you will cause to our community quick trip and anyone else and is more than welcome to make money off the residents of Gilbert but it doesn't need to be in a lot this small in such close proximity to our homes there are better options for them and for us to the other residents here with similar concerns that the town of Gilbert allows this to be built then we have failed to vote for the kind of leadership we deserve and that's something to think about moving forward thank you all for your time thank you next up we've got Jim kuzmich I hope I didn't Slaughter that Jim are you here you don't wish to speak I'm giving you three minutes oh you're for a Syria for a different case okay that that was approved on consent there were Community meetings for that property thank you all right next up will be um Eric Rowe and I say that correctly all right go ahead and state your name and your address please my name is Eric Rell I live in Gilbert Arizona um they're there for approximately 10 years my concerns with this development are fairly straightforward um it is a concern of access and egress of commercial vehicles into that property specifically coming off of Rigs and coming off of Higley you're going to have large commercial trucks coming in and out of that very very congested property there's always been already been incidents of accidents at this particular Corner the Riggs is a it's a 45 mile an hour Zone but it is extremely busy road we have commercial vehicles coming from quarries down in Queen Creek and such and my concern is that they're going to see a 24-hour facility that serves diesel and try to go in there to refuel again this is not fair to the the citizens that live around this for a 24-hour facility with that kind of noise level so the the the products that that the quick trip is offering and the 15-foot access for their fuel island is going to invite commercial vehicles to try to go in there and use that facility and that's going to be a 24-hour operation so that's the only concern I have other than all these other good folks who have a lot of concerns about a lot of different things I think that this is a misappropriation of the land and the phase three development which is a 5 000 square foot facility that we don't even know is going to be yet it could be another tire store which is something we do not need so that's all I have to say thank you very much all right thank you I don't have any other common cards so we'll go ahead and turn it back to the applicant I feel like this state your name and if you want to address any of those concerns Lauren proper Potter mailbox 1833 Tempe Arizona 85280 if you I actually have a few exhibits in my presentation that could address some of these concerns but I think more generally thank you um more generally I think that what we just heard were a lot of concerns over the use and the most important thing to note here is we're not here asking for permission on the use we're an allowed use by right in this zoning District thank you Ashley um and not only are we in allowed use it has been projected to be a commercial Corner since the initial Seville pad was passed I believe in 2001. it's in my presentation so I have those details I certainly Quick Trip always wants to be a good neighbor we have markets to serve the surrounding area and as much as we like to think that people will go out of their way to come visit us the truth is is that we serve the communities that are directly adjacent to where we put our stores and a lot of thought goes into selecting those locations Higley and Riggs I'm sure you're all familiar with the area but they're both it's at the intersection of two major arterial streets so it's exactly the place that you want to see commercial it's always been intended to be that way and so I think that's just really important to note there's no secret that this was always going to be a commercial use in terms of Ingress egress I will get in his presentation a little bit I have some exhibits that'll kind of address those concerns as well um as well as walls and separation and we've gone out of our way and we've worked with staff a lot to make sure that we're providing more than an adequate buffer none of the setbacks are just the bare minimum here everything is significantly enhanced and in fact the separation from the property line to the adjacent residential is I think about 150 feet so it's well beyond I think the requirement is maybe 20 or 30 feet so it goes well beyond that we're also going to be adding some substantial Landscaping they're large trees and everything that's going in is 24 inch box so they'll be bigger from the get-go and intended their Sal mentioned what those tree species are but they're Evergreen Elms their Mesquite variety and I think a Chinese pistache and so those all have they're upwards of a 12 foot canopy so those will provide a very good buff for for the directly adjacent residential here I'll get these slides up for you so this is the Seville pad that was passed in 2001 you can kind of tell how old it is based on the quality um and I blew it up here in this corner you can see this was always intended to be a commercial use with respect to Ingress egress we I'm sure you're all very familiar with how carefully and thoroughly your traffic engineering staff goes through and I think you even maybe have a traffic engineer on your commission so um it's all been reviewed extraordinarily carefully with fine detail and that's how we came up with the access points we have right in right out only on rigs write in write out only on Higley not only that we're going to be adding dedicated right turn Lanes from rigs onto Higley it's going to be separated from a separate dedicated write-in that serves our driveway as well same thing on Higley we're going to add a dedicated write-in for our property there is a full access point a little bit further to the north that will serve the entire Master site plan area so that won't just be a quick trip entrance there but we've designed these carefully to avoid conflict to make sure that it's a safe entrance into and out of the site this may show you a little bit more carefully if you can see it while on your screens here how those access points work um again right in on Rigs and then the curb bumps out a little bit that's to make sure that people don't stay in that right lane too long adequate queuing distance that will add there um and then same thing on Higley here's a copy of the color landscape plan it provides a little bit more context regarding the buffers here and in addition to that 150-ish foot setback to the adjacent residential as the Civil residents have pointed out there's an additional 30-foot buffer there so it does provide well beyond the minimum and the goal there again was to make sure that we're doing what we can to minimize the impact of the proposed use here but again it's really what we're here for tonight is the master site plan and design review of our store and getting into a little bit of here's some pictures of the Landscaping you can see how big these tree canopies are there they will get large and they'll provide a good buffer for those Neighbors um we've also drawn on the Seville pad cell our staff member alluded to this in his presentation but we've drawn on a lot of those design guideline principles to um to drive some of the design here while still maintaining quiktrip's corporate identity and so we've done what we can we'll be providing an eight-foot CMU block wall will be matching this design here and we'll be drawing some of the elements from this wall specifically to incorporate into the design of the quick trip it's the Reds from the bricks and that will kind of do the transition from that architectural style into our architectural style but we will also be providing some wall details here a four foot screen wall as required in the Seville pad and that's to just provide some additional screening to the vehicular uses on site one of the neighbors mentioned having come commercial trucks pass through on site something that quick trip Prides ourselves on is making sure that we have adequately designed Drive aisles to accommodate all kinds of traffic and we have pretty wide areas to accommodate various sizes of cars but by no means is this intended to be a travel center we will not have diesel fuel for trucks it will only be for automobiles passenger vehicles so commercial trucks looking for diesel would be sorely disappointing it probably wouldn't happen that often if that were to be the case and another thing that came up again it's not necessarily up for consideration but I do want to address the concerns of the neighbors regarding the hours of operation yes we do intend to be a 24-hour use all of the quick trips are as much as we wish we were incredibly busy all hours of the day fact of the matter is those later evening hours early morning hours are not particularly busy Staffing is lower but by having the stores open 24 hours a day we can address some of those security concerns of if you've ever been to a gas station that it kind of closes in the evenings sometimes they can get a little bit weird at night and so what we can do by being open 24 hours there's constant surveillance we always have employees on site they walk the store our stores are designed they're elevated in the middle so that there's always visual surveillance on the entire site and our employees are always making sure that they're keeping an eye on what's going on outside of the stores so I think you know that can address some of those 24-hour concerns but we certainly don't want to foreclose any opportunities for nurses getting off work late or starting early to come in and get a cup of coffee or grab some food at the end of a long day and so that is that is why we intend to be open 24 hours here I'm happy to go into a little bit more of the things we are here to discuss with you tonight some of the design elements more of the nitty-gritty on the site plan I think Sal did a really good job of going over that but I'm happy to answer any questions you all might have all right thank you thank you questions for the applicant or comments yeah commissioner Bianchi thank you chair so a question you actually already started to answer it so this is part of the Seville pad correct correct um does Seville did you have to go through any sort do they have an architectural committee within Seville that you guys had to go through or present plans to no we didn't um thank you by the way commissioner Bianchi for the question so in the pad document it defers review of these items specifically to the town's approach it says design review board but in that case that's you and so you just you just incorporate those elements in the in the pad or their design guidelines correct and we've worked with your staff to make sure that we've done that appropriately okay thank you thank you any other questions or comments no uh Sal I have a question for you it came up with regards to the equestrian Trail can you shed light on what that was about or where that is yeah because I'm not familiar so I believe what we're calling the equestrian Trail is that 50-foot buffer between the commercial pad or a commercial parcel and the residences just to the east of that there is no equestrian Trail here on site but that dedication there in the center is a pedestrian easement for a trail so that easement does connect to other Open Spaces throughout Seville so they are not building beyond that point they'll have that 50 foot um easement and then they have that 30-foot landscape setback built off of that for their site but as for equestrian Trails I nothing has come up in our review that's shown equestrian Trails for this parcel okay but that um easement is not being infringed upon at all in this development it is not no um the only the only other thing that I wanted to note and the app can actually note of this was that this was proved on the original pad I think it went uh in 2000 and then 2001 it was actually adopted so this is quite some time ago so all right any other questions or comments yeah commissioner Davis thank you chair um my question relates to the hours of the operation and the number of doors that you have on this development because the quick trips have access on all four sides um a lot of grocery stores will close down in entrance in the evening to better monitor it is that something that's an opportunity to maybe close down that east side and maybe that North anything to kind of mitigate the evening impact to the neighbors thank you commissioner Davis by the way it's good to see you up here this isn't the normal setting I see you in um and you are right quick trip does have we have um three usable entrances one is on the east side the rear is a four-sided architecture theme that's actually not open to the public um it's something that we could certainly look at doing if it becomes an issue but again I just checked my notes for 158 feet from the property line and then an additional 30 or 50 feet for that buffer so if issues arise it's certainly something that we can consider I'm not sure at this time um that it's something that we would want to get into in the hearing I was just thinking in terms of the parking that's closest to the neighbors car doors people chatting talking that kind of thing can get louder as you get closer because I think you're only 25 feet from the parking to that well I guess you do have a buffer in between you so I didn't notice that so okay thank you thank you all right any other questions or comments for either staff uh commissioner Johnson uh thank you Mr chairman and thank you for your presentation for disclosure I live at 2990 East castanes Court in uh in the HOA uh I regularly use that corner I take my grandkids to Castile high and come back I also use Rex as an access point uh I think in terms of our broader context this is a necessary site for this type of use especially along Riggs Road has a lot of traffic the last gas station convenes as Ellsworth miles and miles away so westbound traffic would be able to turn into there and head north on Higley I really like the site plan I especially like the buffers on the south and the west side and I think it provides for an attractive commercial use not only for those who move along rigs at a very heavy traffic volume but also for Community residents thank you Mr chairman thank you thank you thank you commissioner Faye may I please thank you yes you may um so my review I didn't look at the use at all that wasn't the question when I did my analysis when I rolled out the plans I was focused on design elements and and I know it's kind of a joke one of the things I do look heavily at is drainage um and this is a little bit of a reverse of of my normal uh that the Indie documents indicated it will have under adequate underground drainage my calibrated eye tells me that you're you don't need underground drainage you've got plenty of space to hold surface retention I didn't necessarily know that that really Rose to a comment so I'm I mean if you want to put it underground drain just knock yourself out but uh so I didn't in terms of whether or not this should be a gas station or what should go here I didn't look at that at all because as far as I'm aware that's not even the question we're considering tonight um so all I focused on was was Design Elements and the only one I had was one that but for the way this tonight has gone probably wouldn't have even raised getting getting spoken to file it away in the back your mind my guess is you don't need to go through the expense of underground drainage you've probably got plenty of space in your uh Landscaping to hold all your surface drainage and and save yourself a few bucks that's great feedback thank you that's it thank you yeah commissioner Anderson I have a question for the applicant would the applicant be open to relocating that trash enclosure away from that single family residential that's to the east thank you spot that's probably a good landing area that it could probably go to so thank you for the question we're certainly open to looking into that it's a little bit of a challenge to make sure that we meet the solid waste requirements for pickup given the access points and I know a lot of times the trucks don't like to back up but we absolutely it's something that we're willing to look into um I we don't have a spot picked out right now so it's it's certainly something we'd be willing to work with staff on okay well I am quite familiar with the with those requirements in the area that I'm looking at is if you're coming in off a Higley that bottom you go head east there's a little curb a little churn in the curb right there it looks like this with sidewalk that would be a perfect landing spot to put it there it'll still meet you don't have any backup requires the 50-foot backup requirement you still you don't have to worry about that trucks could easily go in and scoop up turn around heading north past the east side of the field canopy and exit off on the Riggs Road certainly if we can fit the refuse enclosure in that location I don't see that as an issue to move okay thank you anybody else all right I think that's it we'll go ahead and close public uh hearing at this point we'll bring it back up to the dice for any discussion and or a motion if there is one Drive discussion commissioner Johnson I move approval of Dr 22-71 Quick Trip Higley and Riggs site plan Landscaping grading and drainage elevations floor plans colors and materials for the location okay let's go ahead and hold that for one minute I just want to make sure nobody has any other comments or anything that they'd like to stay yeah go ahead Beyond commissioner Bianchi yeah thank you chair um it seems like this kind of constantly comes up every couple of months in front of us is we get the design review case and folks want to talk about the use and you know we try to have to figure out why the use is is allowed and what we look at it from a site planning standpoint so in that regard for the folks the residents I understand your concerns I would have similar concerns as well if this use was was near my house but again we've talked about it you know the zoning on this was established 20 years ago the hours of operation are okay we can look at the site we can look at the layout we can look at the circulation and the drainage but that's really under the design review is all we're looking at so especially if you're kind of new to this process it's kind of a learning curve on that so I I definitely understand but we're kind of limited to what we can talk about as far as uses on here in regards to the site plan I think we've raised some good questions commissioner Anderson on the trash enclosure I would be in favor of moving that as well anything thing to mitigate the impact to the neighbors I think the layout we talked about the buffers or the setbacks have been met or far exceeded has been pointed out and even the general layout with the fuel canopy is a lot different than what we see at normal QT so I think they're trying to push that higher level of activity towards the intersection and mitigate that to the to the folks there to the adjacent residential to try to mitigate that a little bit so in regards to that uh into the the use the the design review I think they've made the adequate uh changes I think we talked about this being trying to keep the look and feel of Seville so in that regard I would be in favor of it but I just want to try to explain that a little bit thank you all right thank you commissioner Bianchi anybody else have anything um I'd like to ask staff can we add a stipulation to review the placement of the waste to see if there's another another place we can put it or the the pickup where we can put that can we add a stipulation to chairman yes you can add a stipulation you may want to say that either condition it that the applicant must relocate the trash enclosure or that the applicant looked to relocate it if it fits in the location that commissioner Anderson suggested okay thank you so I just like to reiterate what commissioner Bianchi said these come before us this was uh zoned over 20 years ago on a on a general plan with regards to Seville um so we we don't have the opportunity to say yes or no it is is by right and and obviously we're you know like to look at things from a property right perspective so um I don't have any issue with this I think that the QT has actually made great strides to be a class above just a typical gas station um those who've been back East Wawa is a very popular facility to Patron I guess if you will and I feel feel qt's made strides in that direction which is more kind of that convenience store with the gas station which is much I think a step up so I have no problem with this um commissioner Johnson has a motion on the table commissioner Johnston would you like to amend that motion or you would like to keep it as is I like to keep it with the discussion for staff to follow up yeah would you like to make that as a requirement or just a stipulation to review a stipulation for review Okay so we've got a motion on the table to approve Dr 21-71 Quick Trip Higley and Riggs with a stipulation to review the trash enclosure and and potential movement to a different location do I have a second on that motion a second I have a second from commissioner Anderson please cast your votes and that motion carries 7-0 thank you all for coming out this evening all right we'll go ahead and move on to item number 11 on the agenda z23-03 Gilbert Santan uh and we've got um Nicole you are up good evening chair and members of the commission Nicole Russell senior planner the application before you this evening is the 23-03 for Gilbert Santan Santan rezoning here is this vicinity map showing the subject Parcels in relation to the existing neighborhood to the north you've got partially developed and undeveloped parcels and are you 43 which is Maricopa County zoning to the south of the property you've got single family 15 as well as ru43 also County zoning to the east you have single family 35 and ru43 and to the West you have single family 15. surrounding the subject parcel is predominantly developed single-family residential homes single story the request before you is to rezone approximately 30.6 Acres from single family 15 to single family 15 with a pad planned area development overlay zoning District to modify lock coverage setbacks and Building height just as a refresher here is the final plot that was approved by the Town Council last night showing a 42 lot subdivision the proposed deviations include the reduced Building height front and side building setbacks and lot coverage with the rear setback of 30 feet being maintained according to the applicant the proposed single-story height limitation will present a development that provides a housing product that maintains unique features such as side entry garages and multi-generational units while also conforming to the general characteristics established in the Santan character area of Gilbert restricting homes to single story is a Creative Design feature in a zoning District that allows two-story as a matter of right according to the applicant the modified front and side setbacks are to accommodate this single story limitation there will not be a change to the rear yards as previously stated and the applicant states that Additionally the project itself will afford development standards which allow more building options for potential buyers according to the applicant the increase in lot coverage allows for the creative home footprint that is comparable to the existing built environment and accomplishes this buffering objective while also ensuring that overall building square footage is appropriate for the area here is a graphic provided by the applicant showing what the current allowed building envelope is in the sf-15 zoning district and what the proposal for the modification in the side setbacks and the front setbacks and lot coverage would entail as a point of clarification the shortest driveway would be 25 feet the applicant did particip public participation which included a neighborhood meeting on November 30th of 2022. some of the comments included the issue with are the concerns over the matter of Rights two-story allowance for homes and as and placement of an access gate on 172nd Street staff has received a position of support from all the neighbors the eight Property Owners on the west side of the site and as a point of clarification the applicant did take the two-story off the table initially and or had the two-story as part of the request initially and reduced it to one story to make the development fit in more with the area for the reason set forth in the staff report staff asks approval from the Planning Commission please apologize for that for z2303 Gilbert Santan planned area development as requested subject to the conditions outlined in the staff report this concludes my presentation and I am available for any questions all right thanks Nicole any questions or comments for Nicole commissioner Bianchi thank you chair um so I'm looking at this is the pre-plat looking to be filed concurrently with the zoning since it was included in both these the pre-plat was already approved it was already approved in 2020. okay thank you so yeah with the GP classification they're mitigating the fissures and the locations through the Platte so um so yeah that's it no concerns thank you chair thank you for that clarification you're welcome all right thank you any other questions or comments no um the only I guess kind of comment that I would have and you mentioned it is is the driveway I mean we're looking at probably relatively expensive homes and the driveway is long enough to put a truck in I mean it's fairly short driveway and that's my only problem with these developments is we get really short driveways so but I don't know that that's anything I would just make that a conversation as we go through where the placement of the house is on on the piece of pro on the property so chair Simon uh this was a concern that was brought up by staff since I do own a truck and I'm concerned about being able to park in any driveway I was assured by the applicant that 25 feet would be the shortest and there will be side loading so some of those driveways would be larger to accommodate various vehicle types understood I mean I just the typical truck is about 17 or 18 feet long so 25 feet leaves no room for a second vehicle that's just my only concern again it's not a point of contention other than just a concern I'm throwing out there so um other than that are there any questions or concerns for Nicole um I have none so um thank you as the applicant here like to give presentation thank you Mr chairman members of the board for your record my name is Rhys Anderson 1744 South Val Vista in Mesa and it's a pleasure to be before you this evening I have a presentation I can answer probably any and all questions But Nicole's giving you a great overview of it you've had a robust discussion about a quick trip I don't think you have any yellow cards here submitted by members of the audience I'd rather be respectful of your time and just say that we've worked really hard and and if you take us down memory lane we were all together in July of last year three gentlemen came up and said we really don't like two-story homes HUD hassle the property owners with us this evening said I think we've got a solution we came back that's why that's why the preliminary plot was approved by you final plan approved by Council but here we are today I think I'm actually proud to be part of this case where we are making some lemonade out of the lemons and doing something that's more compatible with the surrounding area I could show you a map that shows the entire square mile and I by my count only 14 homes in this entire square mile are two-story homes so I think this what changes made here are very positive very helpful and in the right direction I don't want to take any more of your time let me answer questions that you may have excellent thank you appreciate that any questions for the applicant no I'm pretty easy all right every now and then Providence Smiles on us Mr chair yeah right yeah all right um and I don't I do not have any common cards from public so at this point unless there's any questions for for staff or the applicant we'll go ahead and close the public hearing bring back up to the dice look for any comments and or emotion well chairman saying that I don't believe there's any comments um I'd like to make a motion to approve z23-03 Gilbert Santan I have a motion to approve by the Vice chair to have a second second a second by commissioner Faye please cast your votes and that motion carries 7-0 thank you All Right Moving On item number 12. and 13 we're gonna do a combined presentation because Keith is the master is what I've Been Told so we're gonna go Dr 22-92 Traditions at Fred's place residential as well as number 13 Dr 22-93 Traditions at Fred's place the commercial so Keith wow us chair Simon members of the commission I will try my best to wow you but if not but if I don't please don't judge me we're always judging thank you the project that I have for before you tonight is Traditions at Fred's place and as you can see on the screen in front of you there are like you stated already there are two cases one is a residential site residential development uh for an apartment uh complex and the other is a commercial development it's part of the same Master site plan which we are attempting to establish tonight as far as some context per that the last slide in this one you can see that this is at the northeast corner of Higley I'm sorry excuse me Williams Field and wrecker and I always like to show this map when I do present a project in Coulee station area so you can get that that context of the immediate area that is is rapidly growing and developing you can see it's surrounded by apartment complex to the to the east District to Coulee station which is still under review to the um to the West on the other side of the wrecker Road the Fry's shopping center to the South and then and then um a kitty corner or we can say cater Corner that's actually I've heard that's the real way to say it um is is Verdi at Coulee station development that as you can see is completely almost developed there's another building being constructed now and then you have all these other developments surrounded apartments and mixed-use type buildings that you can see that I've brought for forth to you in the past and we'll be bringing forth more in the very near future so um the request tonight before you is for as you've already stated design review approval and this is to develop the commercial on site on 3.9 acres and the residential or multi-family site on approximately 8.17 Acres within a larger 12.07 acre Master site plan so here is the master site plan for you and you can see both sites the commercial site which I already stated is 3.9 Acres it's located right at that Hard corner of Recker and Williams Field it consists of three buildings and about 19 almost almost 20 000 square feet of of space you have two shops buildings shops A and B and then you have a pad site building uh P1 um which is has a drive-through restaurant or a drive-through Lane with it um can't tell you exactly what that is yet but that you'll be seeing that coming down the pipe in the near future um and the site has 146 parking spaces the site also has you see three access points one off of wrecker Road two off of Williams Field Road the and the one entrance off of record Road and the easternmost entrance off of Williams Field Road are also the access points or two of the access points for the residential project that surrounds the property to the north and to the east the residential property is 8.17 Acres with 93 units summer duplex units some are just Standalone buildings all the buildings are one in two stories in size they contain one and two and three bedroom floor plans that range from approximately 800 or 800 square feet in size up to 1500 square feet in size and they are the two-story buildings the two-story units which are the ones that are they're they're spread throughout the development so are the one stories going to be as well but you have two story units that will line the streets along Haskell wrecker Road and Williams Field Road and this project was designed specifically so that these two-story units and so units in general are built right up close to the streets as far as we can place them given what the front setbacks are which is 20 feet along Williams Field Road 20 feet along wrecker Road and 15 feet along Haskell Street which also contains on-street parking you will notice that the drive there's a drive from Haskell Street that comes down through the the west side of the single family or the excuse me the multi-family project that connects Haskell Street to the commercial development which we thought was a key element that was needed for circulation for both properties um so that is the master site plan one thing I would like to note is there's a nice little Trail connection on the far East Side it's hard to see on this plan but oh it's actually harder to see on that plan so excuse me I'll go back to the master site plan you can kind of see it there on the west I'm sorry excuse me on the east side of the site it is a DG Trail about five feet wide that will connect from a pedestrian standpoint Haskell Street all the way to Williams Field Road so as far as the Landscaping on the site is concerned there's about 24 and a half percent of open space for the commercial parcel which far exceeds the minimum requirement which is 10 10 of that's listed in our LDC and the residential site has 45 percent open space I would like to uh call your oh one thing before I move on to the next page next slide is we did the site was designed by the applicant to contain um along the street frontages along um mainly along wrecker and along Williams Field Road you will see a lot of hardscaping that exists today that was con improvements that were constructed by the town um the parallel parking that you see out there today the on-street parking is being removed in favor of D cell lanes that were required by our town engineering staff but you will still see the hardscaping the pavers that the Coulee station like red brick pavers but you will see the buildings all the way to the front step back 18 feet along that Frontage and you will have entrances from those buildings out to the street and you will have trees and great with grates and some shrubs and things but we wanted to create a really Urban streetscape environment that Fosters pedestrian activity and and creates that neo-traditional Vibe and that we're that you can see across the street or in verdia Coulee station development we want to continue that theme throughout this immediate Village Center area um I wanted to show you also the open space plan this open space plan shows where the Open Spaces are located for the residential project it shows that there's 45 percent open space and they have private backyards which also has quite a bit of open space about about there's 60 square feet per unit is required by the code and they actually have more than that per unit but I just wanted to show you this plan to show you that they are meeting the open space requirement now I wanted to just make it a quick note that there is a little minor discrepancy you'll see in the landscape plan and the site plan that shows the total square footage of common open space area to be it's about there's about a thousand square foot discrepancy that we're going to have the applicant fix before we stamp the plans and and and write that notice of decision just want to just wanted to let you know that that was a discrepancy that we're going to fix so the Residential Building I'll show you these elevations the um the build the residential buildings are about I wrote it down they're about um they're once some of them are one stories and two stories but the residential the smaller ones are about 20 six feet in height excuse me that's not correct let me get to my right page that's for the two stories so for the one story buildings um they're about 20 24 man wrong page I have two staff reports here guys so I apologize I'm kind of fumbling through both of them here okay about about 17 feet or so to the to the midpoint for these residential units and about 26 feet 8 inches for the two-story units so both one story units and two-story units meet the height requirements and they're actually below the height requirements so this is one of the single story units and as I'm flipping through these you can see they have standing seam metal roofs so stucco walls with a combination of of of board and batten siding they'll have wood trim around the windows and they have Coulee station red brick in in strategic locations mainly around the doors and as Pony walls there's wood trim there's wood beams for some of these patio columns and here's the two-story units um so I'll just flip through these really quickly so you can see the design the design is more of a farmhouse style design which is with a lot of white paint of course which is very characteristic of Farm style design and and the farm style design stems from this is the character that we are trying to create in this Coulee station area and we so here they here's some other type of residential buildings there's like five types of residential buildings this is a duplex and then here is the leasing building um and then this is a little fitness center that they have there near the pool so um and here's the garage building not a bad looking garage building uh looks kind of like a little farmhouse style Barn it's kind of it's kind of neat so the commercial development the elevations you have this is the shops a building this building is about 31 feet 7 inches to the midpoint about 35 feet to the peak to the Ridge and you can see the Coulee station Red Brick again has been incorporated into the design of this building you have a wood wood siding there's stucco there's metal paneling on the next building you'll see it but a more of a a neo-traditional type farmhouse style design and you'll really see it in this next here's a rendering of that building kind of makes it pop a little more and you'll see it in this building a little bit more you'll see the metal and this one also has wood siding and stucco as well and then here's the rendering of it and then the um the building with the drive through you can see also flat roof building the same similar General design wood paneling the colors on these buildings are all Tans and whites with the of course the metal is more of a red color but we really tried to get the entrances out to the streets for these buildings and each building has entrances out to out to that lead right out to Williams Field Road and of course on the North side which is where the parking lot is located and here's a rendering in kind of the space in between the buildings so again here's the master site plan again just to just to show it to you one last time um before I end the presentation so as far as public participation is concerned staff has received no comments from the public or surrounding Property Owners since we've since the very beginning of the process so our recommendation tonight is that you approve the findings of fact and that you approve the Traditions at Fred's place residential design review case and you approve the Traditions at Fred's place commercial development and that concludes my presentation um tried to keep it as brief as I could for you um and I and if you have any questions for me I would love to answer them right thank you Keith questions or comments for Keith Mr Faye I do so um I have two areas one of which we've we've talked about in some some length I just want to assure it's the public open space the green on the open space does not include the private open space that those are two separate separate things and that the private open space is not part of the so the 50 000 odd feet of private open space is not included in the hundred and sixty thousand feet of community open space uh chair Simon um commissioner Faye that is correct the blue area on this plan which is private open space is not included in the green area which is the common open space perfect okay so that's that resolves number that the entire discussion that that hits it from earlier today perfect but there's one other issue that kind of that came up while I was digging through things and looking at this parking numbers and there's two one is kind of a philosophical point commissioner this meets the Land Development code numbers except for one thing Keith I'm going to ask you about and and so it's approvable as is but it's also going to be a tight squeeze and I predict a year after the developer moves on there's going to be a Facebook page that people are going to be fighting about parking and then they're going to be putting up commercial signs that say no parking for residents of blah blah and eventually it'll end up with people complaining in front of council which is why I'm had some concerns about the previous Land Development code modifications to parking numbers but as I was looking over the parking numbers I I'm gonna have to pull it out now but I think it said 19 of the parking spaces that they're counting are surface street parking on Haskell Street so of the of the required 180 odd spaces 19 of them are actually on the public right-of-way did I read that correctly um chair Simon commissioner Faye yes that that should be correct those aren't but that's public right-of-way right that's not actually in that City right-of-way right and that is correct it's it's it's town right away so the property has no control over that spot I mean are they private property owners are not allowed to count street parking as part of their parking requirement um commissioner Faye there is a section in Our Land Development code that does allow for that um I can't remember exactly which section it is but um that is permitted for a site like this where you have um on-street parking adjacent to it we have allowed that in Coulee station development to for them to count off those parking on the right in the right-of-way to count towards their parking for the actual uh on-site development I was not aware of that that's crazy to me because that means the HOA has no control over that parking somebody could park 12 cars in that and they've got no control over it I can park in it and they've got no authority over me the city could close it all together right um chair Simon commissioner Faye I suppose they could we don't anticipate that obviously happening or occurring but um I mean I can let the applicant speak more about how they're going to manage that and if they if they I know it's City owned property I don't know if they've talked I can't remember if they've talked to our Engineers or our traffic department about that and we have our traffic engineer here as well that can maybe address some of that and how that maintenance would occur or if how that would be managed I guess if it's in the Land Development code I did not realize that part it's it's one I've never run into in other cities and if it's if it's there we've got to approve it by right but that's crazy to me and the next time we revise our LDC the ability of a private landowner to count their parking requirements on City owned or any other neighbor's property is um as bizarre to me I think we should look that up but but if it is what it is I guess I I see the point then I'm guessing well this is multi-family for rent right so I'm guessing those spaces on the street are going to be allocated for visitor parking not allocated for the residents so the residents will be where all the canopies are that's that's all the signed packing and then what's left over is usually going to be your your visitor parking so I'm assuming what's on Haskell Street residents are not going to be parking there they'll be parking and they're they're assigned spots and Haskell Street will be probably um visitor parking yeah and I think it says that but I'm also surprised that also means there's essentially no visitor parking on the property um well there is visitor parking so wherever you see a canopy that's in an assigned spot for a unit so that's that's your resident parking and there'll be some other you know Open Spaces that will be free for all for residents but I'm guessing everything on Haskell Street will be um visitor parking and that's that's kind of the whole idea with this whole Coulee station I remember this way back when like a long time ago when this whole thing was getting designed and planned was to create that kind of urban environment here and that's when you go to Urban environments you have that on street parking so different than like downtown Gilbert this on street parking there in the side streets um chair Simon if I may thank you I'm commissioner Anderson chair Simon if I may um like I said I couldn't remember the exact code section but um one of my amazing co-workers uh did found it for me in the code and I can tell you exactly where it is section 5.3 and it is letter e talks about visitor parking it says on Street visitor parking or on-street parking may be counted toward the visitor parking requirement for develops developments in the single family detached single-family attached mixed use and multi-family zoning districts provided that the street has a minimum eight eight and a half wide legal parking area exclusive of travel Lanes blah blah blah the rest of it so it is allowed per our Land Development code and I believe commissioner Anderson is correct um that could definitely that's problem that is the area that we intended to kind of be used for for visitor parking to meet that that code requirement for multi-family developments I I understand it but they're not actually dedicating Haskell Street are they um chair Simon um commissioner Faye I believe they are yes oh they are okay I thought I thought that was all already existing okay I'll I'll drop the point that answers my questions all right thank you anybody else Mr Johnson commissioner Simon Keith you've recall last time I had some questions about neo-traditional design and sites and you've sold me so I think this really especially in the commercial areas going back to the landscape for the uh residential areas in that green zones does that provide for Pathways along the frontage of those houses let's say a family is taking their kids on a stroller and they just want to go out they don't want to go beyond the area but they just want to walk within that complex our Pathways basically Incorporated uh and a frontage of those uh residential units um chair Simon commissioner Johnson very good question to answer your question the answer is yes there are sidewalks throughout the development there are a minimum of at least four feet wide I think they might even be five feet wide but you will see um sidewalks connecting each unit straight to multiple to the other units that are adjacent to them and to the parking lot and of course the ones that are located along Haskell Street and along the other Street frontages they'll have direct sidewalk connections at various points out to those streets so yes there will be a pretty good network of sidewalks thank you and if you notice sorry I just real quick one one more thing if you notice in your packet I don't have it on the screen but there was a pedestrian in the landscape package there was a pedestrian plan or a pedestrian circulation plan that showed all of those circulation pathways thank you Keith yeah no problem right questions comments for Keith um the the only question that I have actually is along the same lines as parking although it's a little bit different and that is that we've got both covered in garage parking as well as uncovered do we know and this may be a question for the applicant is the garage parking going to be at a premium and as an option or is it going to be included in some of the units because if it's at a premium then I could see them running out of parking space where people say I'm not going to pay for a parking garage I don't need to pay extra so um chair Simon I don't know the answer to that question um Mr Greg Davis representing the developer is here tonight and he can gladly answer that question okay so why don't we go to um presentation by the applicant and we'll bring the applicant up and go from there thank you Keith you're welcome he's using his chairman members of the commission for the record my name is Greg Davis with I plan Consulting address is 3317 South Higley Road in the town of Gilbert good to see you all again it's been a while since I've seen you and a new face good to see you Leslie it's been a while but uh uh thank you for the opportunity to be here tonight obviously you've seen this case now for almost a year and a half and we're here hopefully getting close to the Finish Line I think Keith did an excellent job in his presentation I was wowed so I won't uh go into my presentation but I do want to obviously answer some of the questions that been have been asked I think commissioner Anderson's response regarding the parking is exactly right this area is a very unique part of town this area used to have street parking on every side of it or the street size of it so the west and the South unfortunately because of turn lanes and traffic safety they've removed them off of Williams Field and wrecker otherwise we would even have more parking but uh that certainly was our intent and it is only uh visitor parking that is accommodated by that street parking on Haskell the garage design was meant to be tied to the the larger units um the family size units so I don't believe there's any intent to offer those as a premium it's built into that rent of those units themselves so it'll be charged that way otherwise pedestrian pass absolutely every unit is accessed via walkways we've kind of reversed the orientation of the unit so that the units face each other so as you're walking out your front door you're looking at a wall but at another house which hopefully will enhance the situation and then of course this is Coulee station so we have sidewalks around the entire perimeter of the property including along the East Boundary which is the landscape area next to the apartment project the Continental one so we do have a perimeter circulation there we're also providing some crosswalks and some special Paving across the shared driveway so so that it's easier for residents to walk over to the retail area we imagine that those two uses are going to be built around the same time and entwined from a youth standpoint so with that I think I answered all the questions but I'm happy to answer any others that you might have all right thank you questions or comments yeah Vice chair thank you chairman uh the only question I have is more of a clarification that the north side of this street already has that type of street parking on it for the apartments there is that correct chairman and commissioner the north side has on-site street parking it doesn't have all the cutouts like the south side does because of the the type of development it is it's more single family in nature but yes there is street parking on the north side of those of that street and so the but these are all the ones that are being counted and I apologize but that's all on the south side then adjacent to this sure absolutely chairman and commissioner it is correct that everything that we're counting is immediately adjacent to our property part of the dedication to the town okay thank you all right anybody else questions or comments yeah I do have one question that is with regards to the east side of the property obviously it's got quite a bit of stuff on it right now is there going to be an abatement process that goes that needs to be done or a time period that that needs or has that been soil testing and we're good there uh Mr chairman yeah as part of the sale of that property it will be go through an environmental assessment to determine if there is any mitigation that's required for the most part Fred's just kept his farm implements and various things that people have dropped on this property over the years so we don't expect there to be any issues but it will be mitigated as part of the development of the residential our first phase encompasses that entire area so that'll be the first thing gone thank you questions or comments for staff or the applicant all right thank you thank you I do not have any public comment cards so we'll go ahead and close the public hearing bring it on back up to the dice and entertain conversation or discussion or a motion if there is one chairman I just wanted to clarify this has to be two motions is that correct that is correct okay yeah one for the residential one for the commercial thank you seeing as I believe my esteemed council members here do not have any other uh or commission members look at that don't have any comments I'd like to make a motion to approve item Dr 22-92 Traditions at Fred's place residential creative Emotion by the Vice chair to approve uh recommend approval on number 12. do I have a second oh second I have a second by commissioner Davis please cast your vote I'd say my finger wasn't taking all right motion carry 7-0 um do I have a motion on item 13. is luck would have it you do chairman I'd like to make a motion to approve Dr 22-93 Traditions at Fred's place commercial all right I have a recommendation uh for approval on item 13 do I have a second second oh second a second by commissioner Davis or commissioner Faye you fight it out um all right go ahead and cast your votes foreign motion carries 7-0 it doesn't it wasn't taking and then all of a sudden it's up there so I apologize all right with that um we have no executive session report from the chairman or members of the commission do I have anybody have anything reports no chairman yeah Vice chair thank you chairman I'd just like to point out to everyone if you hadn't noticed that it's very hot so just drink lots of water thank you thank you for the public service announcement Vice chair uh Ava do we have anything from the planning service manager yes thank you chairman I think that was Nicole's first presentation for the town of Gilbert so thank you Nicole also wanted to remind everybody that next month's meeting will be the second Wednesday of the month so on the 13th that will allow people to fully enjoy their holiday and also allow the planners to attend the state conference and also wanted to note that Samantha and Noah will be presenting our newly adopted mixed-use ordinance at the state conference and it is also up for an award at that conference excellent very cool good job all right with that we will go ahead and adjourn until September 13th no August 13th wait yes September 13th I don't even know what month we're in so yeah I know I made it almost to the end