March 3, 2021 Regular Meeting Minutes

REGULAR MEETING MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF CHANDLER, ARIZONA March 3, 2021, held in the City Council Chambers, 88 E. Chicago
Street.

1. CALL TO ORDER/ ROLL CALL
CHAIRMAN HEUMANN called the Regular Meeting to order at 5:30 p.m.
The following Commissioners answered Roll Call:
Chairman Rick Heumann
Vice Chairman David Rose
Commissioner Robert Klob
Commissioner Matt Eberle
Commissioner Gregg Pekau
Commissioner Michael Flanders

Absent and Excused: Commissioner George Kimble

Also, present:

Mr. Kevin Mayo, Planning Administrator
Mr. David de la Torre, Planning Manager
Ms. Susan Fiala, Senior City Planner

Mr. Harley Mehlhorn, Junior Planner

Mr. Thomas Allen, Assistant City Attorney
Ms. Catherine Flores, Clerk

Ms. Julie San Miguel, Clerk

2. PLEDGE OF ALLEGIANCE:
Pledge of Allegiance led by COMMISSIONER PEKAU.

3. APPROVAL OF MINUTES
Study Session and Regular Meeting Minutes of The Planning and Zoning Commission
of the City of Chandler held on Wednesday, February 17, 2021 are approved.

MOVED BY COMMISSIONER FLANDERS, second by COMMISSIONER PEKAU to approve
Study Session and Regular Meeting Minutes of The Planning and Zoning Commission
of the City of Chandler held on Wednesday, February 17, 2021.

The motion passed unanimously 6-0.

Planning and Zoning Commission Regular Meeting Minutes
March 3, 2021 - Page 2

Chairman Rick Heumann - In Favor Vice Chairman David Rose - In Favor
Commissioner Robert Klob - In Favor Commissioner Matt Eberle- In Favor
Commissioner Gregg Pekau- In Favor Commissioner Michael Flanders- In Favor

4. AGENDA ITEMS:
CHAIRMAN HEUMANN informed the audience before the regular meeting
Commission and Staff met in open study session to discuss both items on the agenda.
Items A and B are on consent. He further advised that there was a modified
stipulation as to Item A.

A. PLH20-0023, PLT20-0037 PECOS AND MCQUEEN RETAIL

Request to Rezone from Agricultural District (AG-1) to Planned Area Development
(PAD) for Neighborhood Commercial (C-1) uses, Preliminary Development Plan and
Preliminary Plat approval for a neighborhood commercial center on approximately
3.5 acres located at the southwest corner of Pecos and McQueen Roads.

Update

Revisions to the site layout were completed by the applicant to address the Design
Review Committee’s guidance and include the following:

e Pad Ashifted closer to the corner

e Pedestrian sidewalk in front of Pad A building entrance widened

e Phasing plan provided (Exhibit 4 in Development Booklet)

e Driveway turning radius increased adjacent to Pad B drive thru lane

e Perimeter wall height increased to 48 inches along both frontages to screen drive
thru lanes

e Number of parking spaces proposed increased from 101 to 112 total spaces

e Speed humps and traffic directional signage proposed

Several exhibits contained in the Development Booklet do not reflect the above site
plan modifications. The applicant will update the following exhibits prior to Council
meeting:

Landscape Plan

Site Block Wall Plan

Preliminary Grading & Drainage Plan

Preliminary Plat

Background

e Site is approximately 3.5 acres

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March 3, 2021 - Page 3

e The applicant is currently working with the City to acquire an approximate 2,660

sq. ft. City of Chandler-owned parcel located at the immediate corner of the

intersection

e Site is currently vacant

e At the January 20, 2021 Planning and Zoning Commission meeting, the case was
continued to conduct a Design Review Committee (DRC). On February 3, 2021, the
DRC provided the applicant suggestions on revising the site plan, which include
shifting Pad sites A and B further away from residential and the proposed daycare.
The applicant requested further continuance to the March 3, 2021 Planning and
Zoning Commission meeting to allow additional time to address the DRC’s

guidance.

Surrounding Land Use Data

North | Commercial

South | Single-family residential

East | McQueen Rd., then vacant land West | Single-family residential
and single-family residential

General Plan and Chandler Airpark Area Plan

Existing Proposed

General Plan

Neighborhoods No change

Chandler Airpark Area Plan

Neighborhood Commercial _| No change

Proposed Development

Site area

3.5 acres plus future acquisition of approximate 2,660 sq.

ft. city parcel

Building Area

Pad A: 2,306 sq. ft. (restaurant)
Pad B: 2,800 sq. ft. (restaurant)
Pad C: 13,000 sq. ft. (daycare)
Total: 18,106 sq. ft. total

Building Height (max.)

22 ft.

Building Setbacks

Required: Arterial landscaped intersection 50 ft. by 250 ft.

Proposed: 35 ft. min. by 223 ft. along Pecos Rd.
23 ft. min. by 250 ft. along McQueen Rd.

West: 20ft. Accessory structure
50 ft. Main building
South: 50 ft.

Parking Required

101 spaces total

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March 3, 2021 - Page 4

Parking Provided 112 spaces total

Building Architecture Contemporary with stucco, brick veneer, metal railings
and steel

Comprehensive Sign One development sign, two monument signs, wall

Program mounted signs

Review and Recommendation

Planning staff finds the proposal is consistent with the General Plan designation of
Neighborhoods and the Chandler Airpark Area Plan designation of Neighborhood
Commercial. The General Plan land use designation allows Neighborhood
Commercial uses within developments located at arterial intersections to serve
commercial needs of low-density residential communities.

The site layout provides three pad sites including two proposed restaurants and a
daycare. Pad site A is proposed .as a Starbucks drive-through. Pad site B is proposed
as a future restaurant/drive-through and a daycare. Building architecture is
contemporary. Building and site layout comply with the intent of the Commercial
Design Standards.

Late hour business policy defines any restaurant that opens its doors to the public
one or more hours between midnight and 6 a.m., one or more days a week. Also, the
policy is applicable when commercial is within 300 ft. of existing residential zoning.
The proposed Starbucks anticipates business hours from 4:30 a.m. to 10 p.m., daily.
These hours and building distance of approximately 206 ft. to the west, residentially
zoned parcels require approval of the proposed businesses hours from 4:30 a.m. to
6 a.m., Mitigation proposed includes an 8 ft. tall solid wall along the entire site
perimeter and several landscaped areas.

The applicant requests relief from the Zoning Code requirement that initial
construction include a minimum of 12,000 sq. ft. of building area in Phase One. The
request is to allow the flexibility to construct Pads B and C in future phases. Exhibit 4
(see attached) identifies improvements that will be completed during phase one,
which includes Pad A and all site improvements including landscaping, driveways, and
parking except for Pad B building area on the south and Pad C and associated parking
area to the north of Pad C. Pad sites B and C would be covered with decomposed
granite until market conditions allow development.

The second request is to reduce the 50 ft. by 250 ft. landscape intersection along both
Pecos and McQueen roads. The reduced landscaped intersection allows the two

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March 3, 2021 - Page 5

drive-through pad sites additional distance from existing residential and the
proposed daycare. The applicant is currently working with the City’s Real Estate
division to purchase the City owned parcel of approximately 2,660 sq. ft. located at
the immediate corner of the site.

Staff supports the requested waivers due to the infill nature of the site, site acreage
and driveway location constraints. Staff finds the proposal to be consistent with the
goals of the General Plan and recommends approval subject to conditions.

Traffic Analysis

A Traffic Impact Analysis was prepared to analyze existing conditions and traffic with
the proposed development. Based on the analysis, traffic impacts of the proposed
development could be mitigated by making adjustments to the existing traffic signal
timing at the McQueen Road/Pecos Road intersection to maintain acceptable levels
of service. Additionally, the Transportation Engineering Division will continue to work
with the applicant to establish a circulation plan for the Day Care/Pre-K. This is being
done in an effort to document pick-up/drop-off procedures and minimize potential
implications to the adjacent public roadways that have occurred with similar land
uses. Staff recommends a stipulation to address the future daycare’s drop off/pick up
circulation plan.

Public / Neighborhood Outreach

e This request was noticed in accordance with the requirements of the Chandler
Zoning Code.

e Avirtual neighborhood meeting was held on July 21, 2020. Ten residents attended
virtually to obtain project information. Questions and concerns voiced relate to
traffic, construction timing, existing irrigation ditch, drive through locations,
vehicle exhaust, land uses, and children’s safety (daycare). No opposition to the
request was stated.

e Planning staff received letters from residents in opposition to the proposed
Starbucks stating they would rather support local businesses.

Recommended Actions
Rezoning

Planning staff recommends Planning and Zoning Commission move to recommend
approval of rezoning from Agricultural District (AG-1) to PAD for Neighborhood
Commercial (C-1) uses, subject to the following conditions:

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March 3, 2021 - Page 6

1.

Development shall be in substantial conformance with the Development Booklet,
entitled “Pecos and McQueen Retail” and kept on file in the City of Chandler
Planning Division, in File No. PLH20-0023, modified by such conditions included at
the time the Booklet was approved by the Chandler City Council and/or as
thereafter amended, modified or supplemented by the Chandler City Council.

Completion of the construction of all required off-site street improvements
including but not limited to paving, landscaping, curb, gutter and sidewalks,
median improvements and street lighting to achieve conformance with City codes,
standard details, and design manuals.

Right-of-way dedications to achieve full half-widths, including turn lanes and
deceleration lanes, per the standards of the Chandler Transportation Plan.

Late hour businesses shall not be open to the public from 10 p.m. to 4:30 a.m.,
seven days a week.

Preliminary Development Plan

Planning staff recommends Planning and Zoning Commission move to recommend
approval of the Preliminary Development Plan, subject to the following conditions:

1.

Development shall be in substantial conformance with the Development Booklet,
entitled “Pecos and McQueen Retail” and kept on file in the City of Chandler
Planning Division, in File No. PLH20-0023, modified by such conditions included at
the time the Booklet was approved by the Chandler City Council and/or as
thereafter amended, modified or supplemented by the Chandler City Council.

The site shall be maintained in a clean and orderly manner.

The landscaping in all open-spaces shall be maintained by the property owner or
property owners’ association, and shall be maintained at a level consistent with
or better than at the time of planting.

The landscaping in all rights-of-way shall be maintained by the adjacent property
owner or property owners’ association.

Landscaping plans (including for open spaces, rights-of-way, and street medians)
and perimeter walls shall be approved by the Planning Administrator.

Solid walls no less than 48 inches in height shall be constructed to screen all drive-
through lanes.

Prior to issuance of a building permit, a circulation plan shall be approved by the
City’s Traffic Engineering Division for a daycare/Pre-K business.

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March 3, 2021 - Page 7

8. No more than two drive-through pad sites shall be permitted.

9. Phase 1 on-site improvements shall at a minimum include the following:
a. Construction of Pad A building, associated parking and landscaping
b. All perimeter landscaping
c. Driveways to Pads A and B and landscaping along said driveways
d. Parking areas for Pad B and landscaping within said parking areas.
e. Landscape and parking north and east of Pad C.

10. Sign packages, including freestanding signs as well as wall-mounted signs, shall
be designed in coordination with landscape plans, planting materials, storm water
retention requirements, and utility pedestals, so as not to create problems with
sign visibility or prompt the removal of required landscape materials.

11, Preliminary Development Plan approval does not constitute Final Development
Plan approval; compliance with the details required by all applicable codes and
conditions of the City of Chandler and this Preliminary Development Plan shall

apply.
Preliminary Plat
Planning staff recommends Planning and Zoning Commission move to recommend

approval of the Preliminary Plat, subject to the following condition:

1. Approval by the City Engineer and Planning Administrator with regard to the
details of all submittals required by code or condition.

Proposed Motions

Rezoning

Move Planning and Zoning Commission recommend approval of PLH20-0023 Pecos
and McQueen Retail rezoning from Agricultural District (AG-1) to Planned Area
Development (PAD) for Neighborhood Commercial (C-1) uses, subject to conditions
as recommended by Planning staff.

Preliminary Development Plan

Move Planning and Zoning Commission recommend approval of Preliminary
Development Plan, PLH20-0023 Pecos and McQueen Retail, subject to conditions as
recommended by Planning staff.

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March 3, 2021 - Page 8

Preliminary Plat

Move Planning and Zoning Commission recommend approval of Preliminary Plat,
PLT20-0037 Pecos and McQueen Retail, as recommended by Planning staff.

CHAIRMAN HEUMANN requested that staff present the modified stipulation to the
commission and audience.

SUSAN FIALA, SENIOR CITY PLANNER presented a modified stipulation as reflected
under #9 of the Preliminary Development plan.

COMMISSIONER KLOB indicated that the applicant is not going to develop a drive
through lane for pad B.

B. PLH20-0042 ROCK LOBSTER DINING ROOM EXPANSION

Request Entertainment Use Permit approval for existing outdoor patio speakers for
background music only. The existing business is located at 2475 W. Queen Creek
Road at the southwest corner of Queen Creek and Dobson roads.

Background

e Zoned as Planned Area Development (PAD) for office, retail, residential and hotel
uses.

e Zoning Code requires Entertainment Use Permit approval when outdoor speakers
and/or live entertainment is provided and the establishment is located within
1,320 feet of residential property. The subject site is located approximately 150
feet north of a multi-family residential development.

e A Liquor Use Permit (LUP) allowing liquor sales and live, acoustic, indoor music
was approved in 2017 and had no effective time limit stipulation.

e Rock Lobster ownership was unaware of Entertainment Use Permit Requirement
at the time of speaker installation.

e The need for this Entertainment Use Permit came to Staff's attention after Rock
Lobster requested a Liquor License Extension of Premise.

Surrounding Land Uses

North

Queen Creek Road, then ahotel | South | The Cays (Multi-Family, part of the
same zoning case)

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March 3, 2021 - Page 9

office)

East Commercial (restaurant, retail, West | Commercial (restaurant, retail, office)

Proposed Business Operations

Building/Suite Area 4,000 building sq. ft. & 500 patio sq. ft.
# of employees 25 employees
Hours of Operation Sunday through Thursday 11am-9pm

Friday and Saturday 11am-10pm

Hours of Entertainment Patio speakers provide ambient background music

during business hours. No live entertainment is
provided.

Review and Recommendation

The existing patio speakers have been in operation for as long as the business, over
ten years. During that time, no noise complaints have been filled against Rock Lobster
with the Chandler Police Department, nor with Rock Lobster management. At the time
of installation, the owners of the subject site were not aware that additional approval
was needed to permit outdoor patio speakers, as a Liquor Use Permit allowing for live
acoustic performances was granted in 2017 with no effective time limit. Planning staff
has reviewed the request and finds that it is consistent with the General Plan.

Public / Neighborhood Notification

This request was noticed in accordance with the requirements of the Chandler
Zoning Code.

A neighborhood meeting was held on February 17, 2021. There were two
attendees, both inquired with general questions and were not in opposition of
this request.

Four residents of The Cays reached out to Planning staff to express initial
opposition as the residents thought this request to be adding additional
volume or hours of operation; however, upon learning that this request does
not permit anything in excess of what is currently existing, they appeared to
no longer oppose the request. One additional resident reached out in
opposition of this request, expressing that there is no need for additional
music. Staff reached out to them to provide information. As of the writing of
this memo staff has not received a response.

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March 3, 2021 - Page 10

Recommended Action

Planning staff recommends Planning and Zoning Commission motion to recommend
approval of the Entertainment Use Permit, subject to the following conditions:

1. Expansion or modification beyond the approved attachments (Floor Plan and
Narrative) shall void the Entertainment Use Permit and require new
Entertainment Use Permit application and approval.

2. The Entertainment Use Permit is non-transferable to any other location.

3. No noise shall be emitted from external speakers in such a manner that
exceeds the general level of noise emitted by uses outside the premises of the
business and disturbs adjacent businesses and residential areas.

4. The establishment shall provide a contact phone number for a responsible
person (i.e., bar owner and/or manager) to any interested neighbors and
property owners to resolve noise complaints quickly and directly.

Proposed Motion

Motion Planning and Zoning Commission to recommend approval of Entertainment
Use Permit case, PLH20-0042 Rock Lobster Dining Room Expansion, subject to the
conditions as recommended by Planning staff.

MOVED BY COMMISSIONER FLANDERS seconded by COMMISSIONER KLOB to
approve consent agenda with a modified stipulation as to Item A.

The motion passed 5-1 as to Item A.

Chairman Rick Heumann - In Favor Vice Chairman David Rose - In Favor
Commissioner Robert Klob - In Favor Commissioner Gregg Pekau-Not in Favor
Commissioner Matt Eberle- In Favor Commissioner Michael Flanders- In Favor

The motion passed unanimously 6-0 as to item B.

Chairman Rick Heumann - In Favor Vice Chairman David Rose - In Favor
Commissioner Robert Klob - In Favor Commissioner Matt Eberle- In Favor
Commissioner Gregg Pekau- In Favor Commissioner Michael Flanders- In Favor

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March 3, 2021 - Page 11

5. BRIEFING ITEMS:

None

6. MEMEBERS COMMENTS/ANNOUNCMENTS

Former Planning Administrator, Jeff Kurtz, passed away. Jeff made great contributions
to the City of Chandler during his many years as a team member. He will be dearly

missed.

7. CALENDAR
The next regular meeting will be held on Wednesday, March 17, 2021, in the Chandler

City Council Chambers, 88 E. Chicago Street.

6. ADJOURMENT

The regular meeting was adjourned at 5:35 p.m. jp

Rick Heumann, Chairman

Kevin Mayo, Secretary