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D R A F T REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF EL MIRAGE EL MIRAGE CITY COUNCIL CHAMBERS 10000 N. EL MIRAGE ROAD 6:00 PM - TUESDAY, OCTOBER 10, 2023 Minutes 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL Present: Marie Houston, Chairperson; Lupe Amarillas, Vice-Chairperson; Phil Bueno, Commissioner; Brian Campbell-Sanderfield, Commissioner; Cornelia Nelson, Alternate Commissioner Chairperson Houston called Alternate Commissioner Nelson to sit at the Dias to fill the vacancy left by Commissioner Crosby's resignation. 3. ACTION ITEMS - Zoning items requiring review and Commission action 1. Approve the minutes of the Planning and Zoning Commission held on September 12, 2023. Vice-Chairperson Amarillas moved to approve the minutes of the Planning and Zoning Commission meeting held on September 12, 2023; seconded by Commissioner Campbell-Sandfield. Vote: 5 - 0 Passed - Unanimously 2. A Public Hearing, closure of public hearing, followed by a discussion and recommendation to City Council on a zoning text amendment to the El Mirage Zoning Chapter Section §154.104 OFF-STREET PARKING REQUIREMENTS pertaining to the Dysart Ranchettes on the number of personal vehicles allowed in the side and rear yard, number of recreation vehicles stored on the property and number of days a recreational vehicle may be used for temporary guest. (Development Services - Planning and Zoning) Chairperson Houston opened the Public Hearing. Senior Planner Jose Macias presented background information on the proposed amendments to the zoning code. Code Enforcement Supervisor Barbara Carneiro provided additional information regarding the proposed amendments. Resident Chris Polk asked how many Ranchette residents were on the task force and why changes are being recommended when the survey done in 2021 stated there were few concerns with parking. Resident Elizabeth Mumpower stated these changes were already addressed in 2020 and residents were opposed to them. She also stated there are already codes that deal with these issues and other neighborhoods in the city do not limit the number of vehicles allowed. 1 Councilmember Anita Norton stated there is already code in force that addresses the issue of RV parking and commercial activity on the property. Ms. Norton stated the proposed changes make no sense and are not fair to property owners. Resident Alejandro Valdez stated there are six people living in her home who all have vehicles and the proposed changes would not be fair to them. Ms. Valdez stated there are other things the city should be concerned with instead of how many vehicles are parked at someone's home. Resident Bridgette Rodgers stated people purchased their homes in the Ranchettes to have a rural lifestyle. Ms. Rodgers stated these changes should not be made based on complaints from only a few people. Resident Susan Freberg stated she has lived on her property since 1971 and is opposed to the City trying to control their property as if it were a home owner's association (HOA). Ms. Freberg stated if there is enough acreage on a lot the owner should be allowed to store what they want on it. Councilmember Bob Jones stated he has lived in El Mirage for twenty-one years and is the HOA president for Cactus Park. Mr. Jones stated his HOA does not control how many vehicles are parked on the owner's properties and the city should not either. Mr. Jones stated he is opposed to commercial activity on residential properties and there are already codes that enforce that. Resident Patrick Leadabrand stated he was involved in the meetings three years ago regarding parking and residents were opposed to changes then as well. Mr. Leadabrand stated it is his land and he should be able to do what he wants on it. Resident Cindy Gentry stated residents work hard for their property and telling them how many vehicles they can park on their property is ridiculous. Ms. Gentry stated there are many residences that have multiple families living in them due to financial issues and the proposed changes are unfair. Resident Doug Hood stated he is in support of everything residents have stated already. Mr. Hood stated when you have a lot of property, you want to store things on it. Resident Able Diaz asked the commissioners if they lived in El Mirage. City Attorney Jon Palladini stated all of the commissioners live in El Mirage and that the commission did not initiate these changes. Mr. Palladini stated a task force of two Councilmembers, two commissioners and staff initiated the proposed changes. Mr. Diaz stated he is against the proposed amendments. Resident Scottie Gentry stated no one should be able to tell property owners what they can store on their property. Resident Stephen McCarty stated he has lived in the Ranchette's for fifty years and purchased the property to board horses. Mr. McCarty stated the properties mean a lot to the owners and he hopes to have his grandchildren growing up on his property. Resident Jared Weiers stated his comments have already been stated by the residents who have spoken before him. Mr. Weiers stated limiting the number of cars is not supported and should not be approved. Resident Natividad Corre asked why her street is not paved when other streets in the Ranchettes are. Resident Jennifer McFarland stated she does not care what people store in their backyard and if she does have a problem with it, she will talk to the property owner about it. Ms. McFarland stated codes should not be changed because of a few people complaining. 2 Commissioner Campbell-Sanderfield asked how many residents in the Ranchettes genuinely present a complaint and Ms. Carneiro stated she does not have statistics on how many people have complained because some of the complaints have been anonymous. Ms. Carneiro stated Code Enforcement is asking for direction on how to better enforce the code and it is up to the residents and City Leadership to determine the next course of action. Commissioner Bueno asked how many complaints have been filed and Ms. Carneiro stated complaints have been filed against three properties in particular and the City strives for voluntary compliance. Hearing no more comments, Chairperson Houston closed the Public Hearing. Vice-Chair Amarillas stated it appears that a different set of rules are being put in place for the Ranchettes which would treat them differently. He also stated there is already code in place to regulate the items discussed. Commissioner Campbell-Sanderfield stated it is problematic to put restrictions on bigger lots and commercial businesses should not be operated on residential property. Commissioner Bueno stated he agrees with the comments regarding the owners of the land should be able to do as much as they can with it. Commissioner Nelson stated she appreciates everyone coming to the meeting and voicing their concerns. Chairperson Houston thanked everyone for attending the meeting and voicing their opinions on this matter. She stated she hopes the City and the residents can come to an agreement on this matter that works for both sides. Chairperson Houston moved to deny a recommendation to the City Council on a zoning text amendment to the El Mirage Zoning Chapter Section § 154.104 Off-Street Parking Requirements; seconded by Vice-Chairperson Amarillas. Vote: 5 - 0 Passed - Unanimously 4. STAFF REPORT - The Commission may not discuss or act upon any matter unless the matter is properly noticed for legal action Senior Planner Macias advised the Commission there was one item on the agenda for the November meeting. Economic Development Manager Tom Doyle announced he was presenting Funding 101, a training for small businesses in El Mirage on October 19, 2023. He asked the commissioners to share the announcement with anyone they think could benefit from the information. 5. COMMISSIONER COMMENTS - The Commission may not discuss or act upon any matter unless the matter is properly noticed for legal action Commissioner Campbell-Sanderfield thanked staff for their work on the code amendment presentation. Commissioner Bueno also thanked staff for their hard work. Alternate Commissioner Nelson thanked Code Enforcement staff for their work enforcing the City codes and addressing citizen's concerns. Chairperson Houston stated she appreciates staff for their efforts on this amendment. 6. ADJOURNMENT - MEETING ADJOURNED AT 7:07 PM _____________________________ Marie Houston P&Z Chair ATTEST: ______________________________ Wendy Henson, Deputy City Clerk 3 I hereby certify the aforementioned minutes are a true and accurate record of the Regular P&Z Meeting held on Tuesday, October 10, 2023, and a quorum was present. ____________________________ Wendy Henson, Deputy City Clerk 4