March 2, 2022, Regular Meeting Minutes

Meeting Minutes
Planning and Zoning Commission
Regular Meeting

March 2, 2022 | 5:30 p.m.

Chandler City Council Chambers 6... CHANDLER
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88 E. Chicago St., Chandler, AZ Community of Innovation

Call to Order

The meeting was called to order by Chairman Heumann at 5:30 p.m.

Roll Call

Commission Attendance Staff Attendance

Chairman Rick Heumann Kevin Mayo, Planning Administrator

Vice Chairman David Rose David de la Torre, Planning Manager

Commissioner Erik Morgan Lauren Schumann, Senior City Planner

Commissioner Sherri Koshiol Kristine Gay, Senior City Planner

Commissioner Michael Quinn Ben Cereceres, City Planner

Commissioner Jeff Velasquez Thomas Allen, Assistant City Attorney
Julie San Miguel, Clerk

Pledge of Allegiance

The Pledge of Allegiance was led by Vice Chairman Rose.

Scheduled and Unscheduled Public Appearances

Members of the audience may address any item not on the agenda. State Statute prohibits the
Board or Commission from discussing an item that is not on the agenda, but the Board or
Commission does listen to your concerns and has staff follow up on any questions you raise.

CHAIRMAN HEUMAN explained for the Action Agenda, Staff and the Applicant will present, then
there will be an opportunity for members of the audience to speak. He further explained,
individual audience members will have three minutes to speak or if one person is speaking on
behalf of the group, that person may speak up to ten minutes.

JEANNINE DINGES, 1960 EAST SPRINGFILED PLACE confirmed she would like to speak to the
Planning and Zoning Commission regarding Action Item No 5.

TIM MERRITT, 1950 EAST SPRINGFIELD PLACE confirmed he would like to present statements to
the Planning and Zoning Commission regarding Action Item No 5.

MARIE DOYLE, 2140 EAST FLINTLOCK WAY confirmed that she would like Joseph Russo to speak
on her behalf.

FRANK FARIA, 2056 EAST BROWNING PLACE confirmed that he would like Joseph Russo to speak
on his behalf.

BAMBI FARIA, 2056 EAST BROWNING PLACE confirmed that she would like Joseph Russo to speak
on her behalf.

JOSEPH RUSSO, 2090 EAST FLINTLOCK WAY confirmed he has a presentation for the Planning and
Zoning Commission regarding Action Item No 5.

Consent Agenda and Discussion
1. January 19, 2022, Planning and Zoning Commission Meeting Minutes

Move Planning and Zoning Commission approve Planning and Zoning Commission meeting
minutes of the Study Session of January 19, 2022, and Regular Meeting of January 19, 2022.

2. PLH21-0050/PLT21-0033 MAGNOLIA

Rezoning

Move Planning and Zoning Commission recommend approval of Rezoning PLH21-0050, Rezoning
from AG-1 to PAD for single-family residential, subject to the conditions as recommended by
Planning staff.

Preliminary Development Plan

Move Planning and Zoning Commission recommend approval of Preliminary Development Plan
PLH21-0050 Magnolia for subdivision layout, subject to the conditions as recommended by
Planning staff.

Preliminary Plat

Move Planning and Zoning Commission recommend approval of Preliminary Plat, PLT21-0033,
subject to the condition as recommended by Planning staff.

Page 2 of 17

Rezoning
Planning staff recommends Planning and Zoning Commission move to recommend approval of
Rezoning from AG-1 to PAD for single-family residential, subject to the following conditions:

1.

Development shall be in substantial conformance with the Development Booklet, entitled,
"Magnolia" and kept on file in the City of Chandler Planning Division, in File No. PLH21-
0050, 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
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.

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.

The developer shall be required to install landscaping in the arterial street median(s)
adjoining this project. If the landscaping already exists within such median(s) the
developer shall be required to upgrade such landscaping to meet current City Standards.

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

A separate Preliminary Development Plan application shall be required for approval of the
housing product.

Minimum setbacks shall be as provided below and further detailed in the development
booklet:

14 ft. to livable or side entry garage, 20 ft. to forward

Front ;
facing garage
side Sides- 5 ft. and 10 ft.,
ards ***Lots 66 & 79 shall have an eastern side yard setback

lof 21 ft. and 5 ft. on west side
Rear [20 ft., Accessory buildings 10 ft.

Preliminary Development Plan

Page 3 of 17

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

1.

2.

3.

4.

Development shall be in substantial conformance with the Development Booklet, entitled
"Magnolia" and kept on file in the City of Chandler Planning Division, in File No. PLH21-0055,
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.

All lots along the west and east perimeter shall be constructed with single-story homes.
The site shall be maintained in a clean and orderly manner.

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

Note: Stipulation No. 5A was modified as a result of the Planning and Zoning Commission's
discussion during the Study Session:

5.

The following enhanced landscape standards shall apply to the common open space and
retention area along Riggs Road:
a. Fifty percent of the trees planted along the arterial streets shall be a minimum of 36-
inch box and be a minimum of 12-feet in height at the time of planting.
b. A minimum of one (1) tree and six (6) shrubs per twenty-five (25) lineal feet of
frontage on arterial or collector street rights-of-way.

The covenants, conditions, and restrictions (CC & R's) to be filed and recorded with the
subdivision shall mandate the installation of front yard landscaping within 180 days from
the date of occupancy with the homeowners' association responsible for monitoring and
enforcement of this requirement.

Sign packages, including free-standing 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.

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

Page 4 of 17

Planning staff recommends the 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.

CHAIRMAN HEUMANN advised a stipulation was modified during the Study Session prior to the Regular
Meeting. He requested Staff present the modified stipulation to the Commission and audience.

THOMAS ALLEN, ASSISTANT CITY ATTORNEY asked Staff to clarify the Stipulation number that was
modified.

LAUREN SCHUMANN, SENIOR CITY PLANNER presented the modified Stipulation reflected under Agenda
Item No. 2, Preliminary Development Plan, Stipulation No. 5A.

3. PLH21-0052 BANK OF AMERICA - WIND PROJECT

Move Planning and Zoning Commission recommend approval of Preliminary Development Plan
PLH21-0052 Bank of America - Wind Project to allow the installation of compact wind turbines on
a parking garage, subject to the conditions as recommended by Planning staff.

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

1. Wind turbine installation shall be in substantial conformance with Exhibit A.
2. Wind turbines shall be painted to match the parking garage.

3. Signage shall be prohibited on or near the wind turbines, except for any required safety
signage.

4. PLH21-0096 110 PREMIER AUTO SALES

Move Planning and Zoning Commission recommend approval of Use Permit PLH21-0096 110
Premier Auto Sales, subject to the conditions as recommended by Planning staff.

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

1. Substantial expansion or modification beyond the approved exhibits (Site Plan, Floor Plan,
and Narrative) shall void the Use Permit and require new Use Permit application and
approval.

Page 5 of 17

2. The site shall be maintained in a clean and orderly manner.
3. On-site advertising of vehicles for-sale is prohibited.

4. All storage of vehicle shall occur only within the building or within the fully-screened
outdoor vehicle storage area.

Note: Stipulation No. 5 was added as a result of the Planning and Zoning Commission's discussion
during the study session:

5. Automotive services and repairs are prohibited on-site.

CHAIRMAN HEUMANN advised that an additional stipulation was added during the Study Session prior to
the Regular Meeting. He requested Staff present the additional stipulation to the Commission and
audience.

BEN CERECERES, CITY PLANNER presented the additional stipulation reflected under condition No. 9.

Consent Agenda Motion and Vote
CHAIRMAN HEUMANN asked if any members of the audience would like to discuss or hear any
Items on the Consent Agenda.

VICE CHAIRMAN ROSE moved to approve the Consent Agenda of the March 2, 2022, Regular
Planning and Zoning Commission Meeting, with modified PDP Stipulation on No. 5A of Consent
Agenda Item No. 2 and added Stipulation No. 5 on Consent Agenda Item No. 4; Seconded by
COMMISSIONER MORGAN.

Motion carried unanimously (6-0).

Action Agenda Item No. 5 and Discussion
5. PLH21-0071 KERRY'S CAR CARE

KRISTINE GAY, SENIOR CITY PLANNER presented details regarding the request for Preliminary
Development Plan approval for site layout and building architecture on an approximately 1.1-acre

site, generally located south of the southeast corner of Cooper and Pecos roads.

A letter was presented to the Commission as Planning Staff received correspondence from the
Applicant regarding the sound study.

Page 6 of 17

CHAIRMAN HEUMANN clarified this request is not regarding zoning and the request is for
Preliminary Development Plan approval only. He asked what else could go in according to the

zoning?

KRISTINE GAY, SENIOR CITY PLANNER stated that C-2 commercial uses are all permitted, therefore
a variety of uses including: restaurant, gym, office, personal service facilities, dry cleaners,
manufactures, indoor recreational clubs, assembly halls etc.

CHAIRMAN HEUMANN pointed out, not all these other uses are totally quiet either.

COMMISSIONER VELASQUEZ asked how long has the existing landscape has been on the south
property line against the homes and suggested in working with the residents, if a percentage of
the trees could be 48-inch box, to provide larger screening materials in that zone.

CHAIRMAN HEUMANN stated that question can be addressed with the Applicant and advised
Commissioner Velasquez that a Stipulation can be added to the Motion. He suggested that if a 48-
inch box requirement is added that a size upon planting be added on as well.

JASON MORRIS, WITHEY MORRIS PLC pointed out there is a lot of neighborhood interest in this
case and because of their input this proposed project is better. He explained, oftentimes
Applicants cannot think of every aspect of what can occur, and the Applicant has benefited from
the comments and feedback. He stated it is important for Kerry's Car Care to be a good neighbor
because these neighbors are their clients and future cliental. He provided information regarding
Kerry's Car Care's six locations across the valley and stated this site is for neighborhood use and
is not a massive facility. He mentioned the surrounding uses are typical for an arterial with offices,
traditional retail, and a gas station on the corner, he stated they do recognize there are homes to
the west and the south. He emphasized in 2016 zoning and uses for this site was decided and this
case is only a request for Preliminary Development Plan (PDP) approval. He presented an image
of the General Plan and pointed out that commercial C-2 uses on this site are appropriate. He
presented the proposed project to the Commission and stated because this is a request for PDP
approval there is a focus on the site plan itself, the architectural layout, and the landscaping. He
stated the car care center is not intended for fleet care and is scaled at a neighborhood size. He
presented statements regarding the sound study and advised that it was conducted assuming
that all eight car lifts were in use. He stated the proposed will use less than 20% coverage although
55% lot coverage is approved, he stated they are not maximizing the lot coverage for use of the
site and that allows for open space and pointed out the generous landscape buffer. He presented
aerial images of the proposed project to show the distance and landscaping buffer. He pointed
out the neighbor to the south are homes, to the east is office, and to the north is an existing gas
station facility. He stated the neighborhood initial meeting drew attention to what needed to be
done in terms of additional trees, landscaping , and to bring in an acoustic study, so there could
get a sense of the concerns and if there were any ameliorating factors they could be addressed.
He stated the letter presented to the Commission this date is regarding the Applicant's

Page 7 of 17

commitment and what they have agreed to do operationally beyond the stipulations of the case
because of concerns brought up by neighbors at the meeting. He further stated the Applicant has
agreed to rebuild and raise the common wall between the two properties. He mentioned the
neighbors filed a petition and upon review the concerns listed within the petition were use based.
He stated since the request is not for zoning and the use itself is already approved a long with a
host of other uses, the goal was to make this use the most compatible from a site plan and
landscape standpoint. He stated at the second neighborhood meeting the noise study was
discussed and he presented an image of the buffer to the south to show what the 40 extra feet
looks like graphically. He presented the elevations and site plan of the proposed and what was
previously approved. He explained the layout of the site plan, colors, materials, building height,
and noise study. He further explained the noise study talks about the existing noise and the
existing condition on Pecos and Cooper and what the impact would be overall adjacent to the
neighbors and the conclusion is that there is no impact. He further stated it would not be
noticeable change and the conditions that were studied do not consider the additional stipulations
for noise control measures. He also mentioned the sound study contemplated all eight bays being
utilized at once. He stated the Applicant investigated existing case studies and collected voluntary
statements from neighbors near some similar facilities in adjacent residential areas to get a sense
of what impacted if any occurred and to improve upon it at this site. He stated one of the
neighbors stated parking was an issue and pointed out that the proposed has ample parking. He
concluded that the proposed is for approval of a PDP and the proposed presented this date has
a much better design, buffer, and landscape than what was approved in 2016. He thanked the
commission and asked if there were any questions.

CHAIRMAN HEUMANN asked if there are any doors on the south elevation
JASON MORRIS, WITHEY MORRIS PLC responded there are no doors on the south side.

CHAIRMAN HEUMANN stated Jeannine Dinges and Tim Merritt will have three minutes to present
statements to the Commission and Joseph Russo will have six minutes to present. He asked before
speaking on the item to state your name and address for the record.

JEANNINE DINGES, 1960 EAST SPRINGFIELD PLACE stated that she and her husband moved out of
Phoenix is to get away from their type of neighborhood setups and they chose this neighborhood
in Canyon Oaks because it was very quiet, and it was not surrounded by commercial. She
understood the corner was zoned for commercial in 2016, but she was under the impression that
it was going to be the same type of business that were already existing in the area. She explained
when Circle K popped up, a lot of things changed in the neighborhood since the business is 24/7.
She stated there is the vehicle aspect, the lights are very bright, and there are always people
coming and going. She presented concerns of having an additional vehicle type business next to
Circle K, with more cars coming going during the day.

Page 8 of 17

She stated it is already difficult for us to open our windows where we are located because it is very
noisy and there is a problem on Cooper Road with drag racing going on. She explained her
concerns are an additional car business escalating the existing issues with vehicles. She presented
statements regarding the sound study and stated that she would be surprised if they kept the
front door shut at all times, but her main concern is that a car type business will escalate the
current issues as she witnessed a change in the area and does not wish to have another car type
business in that location. She feels like a lot of people moved to this area for the same reason and
now the area is changing because of the Circle K and bringing in another car type business would
escalate the issues they are currently facing. She thanked the Commission for allowing her to
present statements.

CHAIRMAN HEUMANN thanked Jeannine Dinges for her comments and confirmed there were no
questions from the Commission.

TIM MERRITT, 1950 EAST SPRINGFIELD PLACE stated he in opposition of the Kerry's Car Care Auto
Repair Shop and presented statements regarding the noise study and how it notates the sound
study was on December 6, 2021, according to page 4, then within the study gave data on the date
of November 19, 2021. He presented concerns as the report was not clear as to the date and that
it was only done for one hour on one day . He stated he thought the baseline for sound would be
taken throughout the day and was not sure if only an hour is appropriate to determine a baseline
for sound. He is concerned with the additional noise the auto repair shop will cause and explained
there are many homes within 100 yards of this place and inconceivable that that you would not
be able to hear some of the things listed in the report such as car lifts and rachets. He stated the
report notates those distinctive noises could be occasionally auditable when background traffic
noise is quieter. He further stated there are going to be 900 cars a month coming through this
facility, and it opens at 7:00 a.m., so on the weekends when we are trying to enjoy our backwards
and its quiet, we are going to hear their noise. He explained the zoning allows for a variety of
different types and would like the Commission to consider other types of appropriate tenants for
this location. He stated Staff has done a great job on the Price Corridor and around the airport
and stressed that this location is important to the neighbors, and he is concerned with the addition
of projects that don't fit. He stated that he has lived here for 21 years and asked the Commission,
how would you feel if somebody was going to put an auto repair shop next to your house. He
stated that no one would want an auto repair shop next to their house over something else that
is more neighborhood friendly and appropriate. He stated when viewing the aerial, you can see
how close the homes are and he has never seen an auto repair shop butted up against homes like
this as there is usually a larger building as a buffer to break up the harshness of the sound. He
requested the Commission not approve this project and asked the Commission to understand tne
importance. He stated we need to find something fits this area better and pointed out that 100
neighbors have signed a petition in opposition to the auto repair shop because they do not feel it
is appropriate and hopes the Commission considers this.

Page 9 of 17

CHAIRMAN HEUMANN thanked Tim Merritt for his comments and confirmed there were no
questions from the Commission. He stated Joseph Russo will be given six minutes as he is speaking
on behalf of a group.

JOSEPH RUSSO, 2090 EAST FLINTLOCK WAY stated the assumption that this issue only deals with
noise is totally misleading, it has to do with where automotive service garages should be located.
He mentioned no one wants to live near an automotive repair garage with hazardous waste being
introduced into the neighborhood and stated he wanted to focus on how the placement of the
business in the middle of a highly concentrated single family home location is not out of character
with other automotive service garages throughout Chandler and the surrounding region. He
stated at the February 2, 2022, teleconference, the Applicant stated they had two examples of tire
facilities, built in similar populated areas: 1350 South Riggs Road and 5975 South Gilbert Road. He
explained the Applicant describe these automotive service garages near neighborhoods, one
surrounded by 20 homes and the other 40 homes, but the aerial images provided by the Applicant
were not true aerial views of the locations. He further explained all Kerry's Car Care locations and
all sixty-three automotive service garages in Chandler are in major commercial areas and none
are surrounded by homes. He stated he was not able to find any examples where automotive
service garages were built in the center of such dense single family home developments as auto
service garages are in predominantly major commercial development areas. He further stated,
there are 518 single family homes surrounding this site and there are no examples where zoning
has previously approved an auto garage being built in such a highly concentrated residential area.
He pointed out the original site plan was for a 14-foot-tall residential retail store and this proposal
is for a 30-foot-tall facility. He explained the business does not benefit the residential
neighborhood and will not blend in with the surroundings as claimed by the developer. He stated
the Applicant advised they could not find a more appropriate business due to the current
economic conditions and explained that is not a valid reason to allow this type of business to be
in an unacceptable location. He presented concerns as the Applicant was selective in how they
presented aerial views. He stated aerial views of Kerry's Car Care was submitted to show they were
predominantly in commercial areas with other automotive or other commercial. He explained the
petition provided had aerial photographs that showed the 518 homes surrounding this proposed
site and that when you look at aerial shots that are not selectively cropped, you see that they are
in predominantly commercial areas.

CHAIRMAN HEUMANN asked Staff to show an aerial image.

JOSEPH RUSSO, 2090 EAST FLINTLOCK WAY stated this is the image the Applicant used to show
the existing site was surrounded by 20 to 40 homes and pointed out that there is commercial on
all four corners. He stated he viewed the aerial of 63 automotive locations in Chandler and all of
them are in major commercial areas and nothing like our neighborhood. He explained when the
aerial is not selectively cropped, you can see all the 518 nearby homes and he pointed out the
petition had 10 signatures from the professional buildings alongside the site. He mentioned the

Page 10 of 17

examples given by the Applicant are not true and their presentation has images that are cropped
to look like there are not a lot of homes.

CHAIRMAN HEUMANN thanked Joseph Russo for his presentation and confirmed there was no
questions from the Commission. He asked if there is anyone else in the audience who would like
to speak on this item.

FRANK FARIA, 2056 EAST BROWNING PLACE stated he would like present statements. He asked
the Commission if they would spend $600,000 for a home with an auto repair shop behind it. He
explained when his home was purchased two years ago, the realtor said the vacant space would
be use for a small development like offices, beauty parlor, or nail salon. He explained if there was
an appraisal on his home it would be worth over $670,000 and asked, who is going to cover the
difference in that equity when it drops by $40,000 or $50,000 because of the auto repair shop. He
stated that he does not think its fair in today’s world because everything else is going on to put an
auto repair shop in a neighborhood where there are high valued homes. He stated after working
all week he likes to enjoy his backyard on the weekend and does not want to hear an auto repair
shop. He presented concerns regarding the hours operation and stated even if they are closed by
7:00 p.m. they might still be working on car inside and having service techs coming after hours to
remove hazardous waste because they cannot do it during normal working hours. He thanked the
Commission for their time and asked them to consider what would happen if this was your home.

CHAIRMAN HEUMANN thanked Frank Faria for his comments and confirmed there were no
questions from the Commission. He asked if there was anyone else from the audience who would
like to speak on this item.

JOSEPH RUSSO, 2090 EAST FLINTLOCK WAY asked if he could present further statements.

CHAIRMAN HEUMANN stated Joseph Russo can have one more minute and that he would need
to speak at the microphone for the record.

JOSEPH RUSSO, 2090 EAST FLINTLOCK WAY gave an example of wind chimes in his backward and
how they sound nice when the wind blows, but if he had to hear them all day long, he would take
them down because it would be adding another layer of noise. He presented statements
regarding the sound of traffic not being constant and the added layer of noise the auto repair
shop will add. He stated the Applicant has never built an automotive repair shop this close to
homes and its not appropriate. He further stated he has no issue on a retail store or other types
of businesses, but auto repair is out of character.

CHAIRMAN HEUMANN asked the Applicant for final comments.

JASON MORRIS, WITHEY MORRIS PLC thanked the Commission and stated all the speakers from
the neighborhood have a degree of validity and if this were a zoning case, much the statements

Page 11 of 17

would be incredibly appropriate in terms of uses and the proximity of uses. He stated the issues
raised regarding additional vehicles and activity are associated with land use and activity that is
already approved. He pointed out that what is currently approved is a significantly larger
commercial multitenant building without out restrictions, so when discussing what occurs on the
weekends or at night, there are currently no restrictions and a variety of uses could go in, even
things that are active for 24 hours or later in the evening than 5:00 p.m. He mentioned in terms
of overall traffic, there is less traffic associated with this application than the existing PDP, as the
this is an appointment-based business, and they take up to 30 appointments a day. He explained
in the existing PDP there is less control and a is significantly less buffer. He explained the sound
study collected samples two separate days and that is why both of those days are referenced. He
presented concerns regarding Joseph Russo's statements as the veracity of what we put out is
incredibly important to us. He pointed out, one of the comments was “they are telling you that
these things are next to homes, and they are not”, he stated the Kerry's Car Care location in
Phoenix which was included in the presentation is directly adjacent to residential. He further
explained that it is directly adjacent in an historic neighborhood, Pearson Place, and it is a
desirable place to live. He presented Mr. Russo's arterials showing the location in Glendale and
pointed out the adjacent residential homes and presented further images from Mr. Russo of
Kerry's Car Care locations and pointed out the nearby homes. He stated that Kerry’s Car Care is
for neighborhood use and it is sized for that use and meant to provide service to the
neighborhood. He assured the Commission this is not a bait and switch and the letters from
residents are from those who live next to the existing facilities. He stated the request is for PDP
approval and based upon the side-by-side comparison, the uses, the directional buffer, the lack
of traffic, additional buffer, decrease in size of the building, and the design of the building, makes
this a superior plan than what is approved for PDP today. He recognized the neighborhood's
concerns and stated many of the concerns that they raised made this a better plan.

CHAIRMAN HEUMANN pointed out that the Applicant presented a letter from someone on Riggs
Road regarding an automotive business in south Chandler. He asked the Applicant to present the

letter once again.

JASON MORRIS, WITHEY MORRIS PLC stated he presented excerpts of letters, but he has the whole
letter if the Commission would like to see them.

CHAIRMAN HEUMANN stated he was curious of where that was in Chandler.
JASON MORRIS, WITHEY MORRIS PLC stated the location is at the southeast corner of Riggs and
116" Street and stated this is not a Kerry's location, this letter was from a resident from a property

close to Tom's Auto.

CHAIRMAN HEUMANN asked if this letter is from a resident the same distance away.

Page 12 of 17

JASON MORRIS, WITHEY MORRIS PLC stated this resident is a but further, but wanted to show
feedback from someone in proximity to an auto repair shop.

COMMISSIONER VELASQUEZ asked if the door on the main bay door that gets you into the deep
Bay service area is a stipulation or is that just a good faith element. He presented concerns
regarding somebody else taking over and not following through.

JASON MORRIS, WITHEY MORRIS PLC stated it is a stipulation associated with this case and the
PDP itself that the door be only be opened at times of ingress and closed at all other times.

COMMISSIONER QUINN asked what kind of HVAC systems are going to be used.

JASON MORRIS, WITHEY MORRIS PLC stated | believe roof mounted and screened.
COMMISSIONER QUINN asked if there was going to be air-conditioning.

JASON MORRIS, WITHEY MORRIS PLC confirmed there would be air-conditioning in the building.
COMMISSIONER QUINN pointed out that the door would be shut due to that aspect.

CHAIRMAN HEUMANN confirmed there were no further additional questions from the
Commission and closed the floor for discussion. He asked if the Commission would like to make
any comments regarding this item.

COMMISSIONER MORGAN stated the Applicant has put sufficient effort to mitigate the issues of
the neighborhood and he understands the concerns coming from the residents. He explained
after seeing the examples and looking up auto care centers, there are numerous locations near
neighborhoods. He stated if that is the main issue compared to the noise; he does not see an
automotive care garage as an issue.

COMMISSIONER QUINN stated the noise is very insignificant in these kinds of buildings and
explained that this one of his specializations as he has worked on several public works facilities
for municipalities. He further stated he has done many sound studies for much bigger facilities
and considering the inverse square law, that has to do with the dissipation of sound over distance,
and the modern version of vehicle maintenance shops where you pull into them instead of having
lots of bays with the doors the noise from this facility will be insignificant.

VICE CHAIRMAN ROSE stated he was on this Commission when the Circle K came in and watched
the neighborhood develop. He presented statements regarding the challenge with infill projects
and stated when residents come out its great. He stated with the increased setbacks, increased
landscape buffer, and raised fence; he is okay with making a recommendation of approval and for
this to go to City Council.

Page 13 of 17

CHAIRMAN HEUMANN explained as Applicant and Staff stated, this is not a rezoning case and
since it a PDP basically only architecture approval is request. He remembered when this project
came through the first time when he was on City Council and stated this is a better project because
it is further away from homes. He stated due to the zoning this could be approved for all kinds of
uses like a restaurant that is open until one in the morning. He further stated the parking lot was
designed to be up against the neighborhood and the Applicant has done a lot for sound mitigation
by adding extra trees and raising the block wall to be raised. He stated the use is permitted by
right as this is not a zoning case and the only thing that we are deciding on is the architecture.

THOMAS ALLEN, ASSISTANT CITY ATTORNEY reminded the Commission of the possible added
Stipulation on this item.

Move Planning and Zoning Commission recommend approval of Preliminary Development
Plan PLH21-0071 Kerry's Car Care for site layout and building architecture, subject to the
conditions as recommended by Planning staff.

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
"PLH21-0071 Kerry's Car Care" and kept on file in the City of Chandler Planning Division, in
File No. PLH21-0071 or the Development Booklet referenced in Ordinance No. 4711,
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.

2. Compliance with original conditions adopted by the City Council as Ordinance No. 4711 in
case DVR15-0034 except as modified by condition herein.

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

4, Landscaping shall be in compliance with current Commercial Design Standards.

5. Raceway signage shall be prohibited within the development.

6. The air compressor shall be shielded with a minimum 6-ft high concrete masonry unit
(CMU) walled enclosure with a solid rooftop constructed from minimum 5/8" thick tongue
and groove plywood with built-up roofing or other material with similar thickness and

sound proofing qualities. The access door shall be a solid core wood or metal panel door to
form a continuous barrier to prevent sound transmission.

Page 14 of 17

Action Agenda Item No. 5 Motion and Vote

COMMISSIONER KOSHIOL moved to approve Action Agenda Item No. 5 of the March 2, 2022,
Planning and Zoning Commission Meeting; Seconded by COMMISSIONER QUINN.

COMMISSIONER VELASQUEZ stated he would like to add the following stipulation: at the time of
planting, 33% of the trees to the south and east of the facility shall be a minimum 48-inch box and
at an appropriate height as recommended by staff.

COMMISSIONER KOSHIOL confirmed that she would like to add the stipulation from
Commissioner Velasquez to her motion to approve Action Agenda Item No. 5 of the March 2, 2022,
Planning and Zoning Commission Meeting; Seconded by COMMISSIONER QUINN.

THOMAS ALLEN, ASSISTANT CITY ATTORNEY stated that it is preferred to have a motion with the
stipulation with a set height.

CHAIRMAN HEUMANN stated he will accept the motion as the motion maker has confirmed on
record that she would like the add the stipulation and it has been seconded.

KEVIN MAYO, PLANNING ADMINISTRATOR stated that Stipulation No. 14 and No. 15 were added
and will need to be read into the record.

CHAIRMAN HEUMANN stated there is a motion on the floor, however as the Commission has not
voted, Staff is able to read aloud the added stipulations.

KRISTINE GAY, SENIOR CITY PLANNER read aloud the added Stipulations reflected under
Stipulations No. 14 and No. 15.

CHAIRMAN HEUMANN announced the Chairman recognizes that the vote will include the
Stipulation requested by Commissioner Velasques and Stipulations No. 14 and No. 15 as read by

staff.

Motion carried unanimously (6-0).

Member Comments/Announcements

CHAIRMAN HEUMANN advised the audience that the Planning and Zoning Commission is a
recommending body to the City Council and Kerry's Car Care will be on the City Council agenda
for March 21, 2022, Study Session and March 24, 2022, Regular Meeting. He stated if this item is
on the Action Agenda it can be discussed at the March 24, 2022, Regular Meeting.

CHAIRMAN HEUMANN commented on the current events happening in the Ukraine, he hopes this
this will be resolved in a peaceful manner and hearts and prayers for the people.

Page 16 of 17

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

8. All mechanical equipment, including HVAC, utility meters, etc. shall be screened from view
by material(s) that are architecturally integrated and consistent with the proposed
buildings.

9. The building shall be limited to a maximum of one overhead vehicular service door. The
location of said door shall be limited to the north facade and shall remain closed except
when vehicles are moved for service, or for other necessary operational needs.

10.The final site development plan shall retain a landscape buffer along the south portion of
the property in substantial conformance to the approved site plan, as kept on file in Case
No. PLH21-0071.

11.Existing landscaping along the south perimeter of the property shall be protected in place
or replaced in kind such that an equivalent amount of screening is provided at the time of
planting. In no such case shall a tree smaller than a 36-inch box and twelve feet in height
be planted.

12.An additional row of trees shall be planted along the southern property line and offset from
the existing row of trees to achieve an equivalent amount of screening as approved as part
of DVR15-0042.

13.All new trees required to be planted along the arterial street and south boundary of the
development shall be a minimum of 36-inch box and twelve-feet in height at the time of
planting. Said trees shall be maintained such that they block view of the proposed building
from surrounding residential properties.

Note: Stipulations No. 14 and No. 15 were added at the Planning and Zoning Commission Hearing date:

14.As shown in the site exhibit, the location of auto repair areas shall be limited to the interior
of the proposed building.

15.The applicant shall work with staff to enhance the south and east elevations.
Note: Stipulation No. 16 was added as a result of the Planning and Zoning’s discussion:
16.At the time of planting, 33% of the trees planted to the south and east of the facility shall
be a minimum 48-inch box. The remaining 2/3 of trees to be planted shall be a minimum

36-inch box and a minimum 12 feet in height. All trees shall be maintained such that they
block view of the proposed building from surrounding residential properties.

Page 15 of 17

Calendar
The next regular meeting will be held on Wednesday, March 16, 2022, in the Chandler City

Council Chambers, 88 E. Chicago Street.

Adjourn
The meeting was adjourned at 6:54 p.m. Wf, fu_—
Kevin 0, Secretary Rick Heumann, Chairman

Page 17 of 17