June 7, 2023, Regular Meeting Minutes

Meeting Minutes
Planning and Zoning Commission
Regular Meeting

June 7, 2023| 5:30 p.m.
Chandler City Council Chambers 6... a ad a
88 E. Chicago St., Chandler, AZ Community of Innovation

Call to Order

The meeting was called to order by Chairman Heumann at 5:45 p.m.

Roll Call
Commission Attendance Staff Attendance
Chair Rick Heumann Derek Horn, Director of Development Services
Vice Chair Sherri Koshiol Micha Miranda, Director of Economic Development
Commissioner Erik Morgan Kevin Mayo, Planning Administrator
Commissioner Michael Quinn David de la Torre, Planning Manager
Commissioner Jeff Velasquez Lauren Schumann, Principal Planner
Commissioner Kyle Barichello Alisa Petterson, Senior Planner
Commissioner Rene Lopez Harley Mehlhorn, City Planner
Ben Cereceres, City Planner
Mika Liburd, Associate Planner
Tulili Tuitelelapaga-Howard, Planning Intern
Thomas Allen, Assistant City Attorney
Julie San Miguel, Clerk
Pledge of Allegiance

The Pledge of Allegiance was led by Vice Chair Koshiol.

Scheduled/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 HEUMANN announced that several speaker cards had been submitted for items not

on the Action Agenda. He asked Ty Shuman if he wished to share thoughts on Item No. 3, The
Wayne, or if he just wanted the opposition noted.

TY SHUMAN, 2518 W EL ALBA stated he did not wish to speak and wanted his opposition noted.

CHAIRMAN HEUMANN thanked Ty Shuman and acknowledged a speaker card from Dee Dee
Tapson for Item No. 5, Chavez Residence, she asked “Will this change the zoning for other
properties east of the parcel on Chandler Boulevard?” He requested clarification from the staff.

DAVID DE LA TORRE, PLANNING MANAGER stated the request solely pertains to rezoning the
subject site and will not affect any surrounding properties.

CHAIRMAN HEUMANN thanked the staff for their response and stated there is a speaker card
from Amos Vance for Item No. 9, Gett Yo Taco, that expresses his opposition to having more
music in the neighborhood. He asked Amos Vance if he would like to speak on the matter or
would like his opposition noted.

AMOS VANCE, 210 S. ARIZONA AVENUE stated would like to express his concerns about the
proposed entertainment permit for Item No. 9 Gett Yo Taco.

CHAIRMAN HEUMANN stated for the Action Agenda a presentation would be provided by staff,
followed by the applicants’ presentation, then individuals who had submitted speaker cards
filled will give their input. He invited anyone else in the audience who wished to speak to fill out
a speaker card and submit it to the clerk.

Consent Agenda and Discussion

1. Study Session and Regular Meeting Minutes of May 17, 2023, Planning and Zoning
Commission Meeting

Move Planning and Zoning Commission approve Planning and Zoning Commission meeting
minutes of the Study Session of May 17, 2023, and Regular Meeting of May 17, 2023.

2. PLH23-0034 GOODYEAR CANAL HISTORIC LANDMARK DISTRICT
Request for Historic Landmark Designation for the Goodyear Canal, located on the west side of
Basha Road south of Ocotillo Road, roughly % mile east of Alma School Road.

Move Planning and Zoning Commission recommend approval of Ordinance No. 5058, PLH23-

0034, Goodyear Canal Historic Preservation District Landmark zoning overly subject to the
conditions as recommended by the Development Services staff.

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The Historic Preservation Commission and the Development Services staff recommend the
Planning and Zoning Commission move to recommend approval of Ordinance No. 5058, PLH23-
0034, Goodyear Canal Historic Preservation District Landmark zoning overlay subject to the
following conditions:

1. The property shall be subject to the General Design Guidelines for Historic Preservation
Districts and Landmarks.

2. The property shall retain the double row of palm trees along each side of the canal and
along Basha Road along Snedigar Park.

3. PLH22-0034/PLT22-0024 THE WAYNE

Request for Rezoning from Planned Area Development (PAD) for dog daycare, boarding,
grooming, training, and related uses to PAD for multi-family residential, Preliminary
Development Plan approval for site layout and building architecture, and Preliminary Plat
approval on 6.3 acres located % mile south of the southeast corner of Dobson and Warner
roads.

Rezoning

Move Planning and Zoning Commission recommend approval of Rezoning PLH22-0034 The
Wayne, Rezoning from Planned Area Development (PAD) for dog daycare, boarding, grooming,
training, and related uses to PAD for multi-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
PLH22-0034 The Wayne for site layout and building architecture, subject to the conditions as
recommended by Planning staff.

Preliminary Plat
Move Planning and Zoning Commission recommend approval of Preliminary Plat, PLT22-0024
The Wayne, subject to the condition as recommended by Planning staff.

Rezoning
Planning staff recommends Planning and Zoning Commission move to recommend approval of
Rezoning from to PAD for dog daycare, boarding, grooming, training, and related uses to PAD for
multi-family residential, subject to the following conditions:
1. Development shall be in substantial conformance with the Development Booklet, entitled
“The Wayne” and kept on file in the City of Chandler Planning Division, in File No. PLH22-
0034, 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.

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Multiple family residential shall be permitted at a maximum density of 16 dwelling units
per acre.

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.

Future median openings shall be located and designed in compliance with City adopted
design standards (Technical Design Manual #4).

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.

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

Property Line Building Setback

West (Dobson Road) 46 feet for building; 16 feet for fencing
North 15 feet

East 15 feet

South 15 feet

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
“The Wayne” and kept on file in the City of Chandler Planning Division, in File No. PLH22-
0034, 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. The site shall be maintained in a clear and orderly manner.

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

4. 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.

5. 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.

6. 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.

7. 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 Plat
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.

4. PLH22-0057 MCCANCE DUPLEX

Request for Rezoning from Multiple-Family Residential District (MF-2) to Planned Area
Development (PAD) for a duplex and Preliminary Development Plan approval for site layout and
building architecture for a two-story duplex on approximately 0.16 acres. The subject site is
located one lot south of the southeast corner of Chicago Street and Dakota Street, generally
located north and west of Frye Road and Arizona Avenue.

Rezoning

Move Planning and Zoning Commission recommend approval of Rezoning PLH22-0057 McCance
Duplex, Rezoning from Multiple-Family Residential District (MF-2) to Planned Area Development
(PAD) for a duplex, subject to the conditions as recommended by Planning staff.

Preliminary Development Plan

Move Planning and Zoning Commission recommend approval of Preliminary Development Plan
PLH22-0057 McCance Duplex for site layout and building architecture for a two-story duplex,
subject to the conditions as recommended by Planning staff.

Page 5 of 27

Rezoning

Planning staff recommends Planning and Zoning Commission move to recommend approval of
Rezoning from Multiple-Family Residential District (MF-2) to Planned Area Development (PAD) for
a duplex, subject to the following conditions:

1.

Development of the site shall be in substantial conformance with the conceptual exhibits,
entitled "Conceptual Exhibits" kept on file in the City of Chandler Planning Division, in file
PLH22-0057, modified by such conditions included at the time the rezoning was approved
by the City of Chandler Council and/or as thereafter amended, modified or supplemented
by Chandler City Council.

The homebuilder/lot developer shall provide a written disclosure statement, for the
signature of any potential buyer, acknowledging that the property is located adjacent to or
nearby the "Entertainment District" which may contain land uses that create adverse
noise and other externalities. The "Purchase Contracts" and the property deed shall
include a disclosure statement outlining that the site is adjacent to the Entertainment
District. The responsibility for notice rests with the homebuilder/lot developer, and shall
not be construed as an absolute guarantee by the City of Chandler for receiving such
notice.

Developer shall provide all required right-of-way dedications and/or easements as
determined by the Development Services Director at the time of construction plan review.

Developer shall complete 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.

Landscaping in all right-of-way shall be maintained by the adjacent property owner.
Additionally, hardscape improvements located behind the sidewalk and within the right-

of-way shall be maintained by the adjacent property owner.

Minimum setbacks shall be as provided below:

Setback Distance
Front Yard 16'
North Side Yard 10'
South Side Yard 5!

Rear 20'

Maximum lot coverage shall be 50%.

Covered parking shall consist of a 2-car garage (side-by-side parking) and a tandem 2-car
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garage.

9. In addition to a duplex, a single-family residence is also permitted and shall be subject to
setbacks and lot coverage established within this ordinance. Parking and all other
development standards shall be subject to Single-Family District (SF-8.5) requirements
established within City of Chandler Zoning Code. Administrative Design Review approval
shall be required prior to building permit issuance of any single family home.

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 of the site shall be in substantial conformance with the conceptual exhibits,
entitled "Conceptual Exhibits".

2. All mechanical equipment shall be located in the side or rear yard and screened entirely
from view by material(s) that are architecturally consistent with the proposed duplex.

3. 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.

5. PLH22-0062 CHAVEZ RESIDENCE

Request for Rezoning from SF-8.5 (Single Family District) to SF-8.5/PAD (Single Family
District/Planned Area Development) and Preliminary Development Plan (PDP) approval for
general site layout for a single-family home. The subject site (approximately 0.39 acres) is
located east of southeast corner of Chandler Boulevard and McClintock Drive.

Rezoning

Move Planning and Zoning Commission recommend approval of Rezoning PLH22-0062 Chavez
Residence, from SF-8.5 to SF-8.5/PAD, subject to the conditions as recommended by Planning
staff.

Preliminary Development Plan

Move Planning and Zoning Commission recommend approval of Preliminary Development Plan
PLH22-0062 Chavez Residence for site layout, subject to the conditions as recommended by
Planning staff.

Rezoning

Planning staff recommends Planning and Zoning Commission move to recommend approval of
rezoning from SF-8.5 to SF 8.5/PAD for Single-Family Residential, subject to the following
conditions:

Page 7 of 27

=

Development shall be in substantial conformance with the Development Booklet, entitled
“Chavez Residence” and kept on file in the City of Chandler Planning Division, in File No.
PLH22-0062, 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.

Uses permitted on the property shall be those permitted in the SF-8.5 zoning district,
except as modified by condition herein.

Minimum building setbacks shall be:

Property Line Location Minimum Building Setback

Chandler Boulevard (front) 16 feet at building, and O feet at view wall
East (side) 5 feet

West (side) 5 feet

South (rear) 5 feet

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

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.

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 Development

Planning staff recommends Planning and Zoning Commission move to recommend approval of
Preliminary Development Plan for PLH22-0062 Chavez Residence, subject to the following
conditions:

1.

Development shall be in substantial conformance with the Development Booklet, entitled
“PLH22-0062 Chavez Residence” and kept on file in the City of Chandler Planning Division,
in File No. PLH22-0062, 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. The site shall be maintained in a clean and orderly manner.

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

4. Owner shall provide a minimum 6-foot-high CMU property wall along the east property
line that is designed in compliance with City of Chandler standards.

5. Owner shall work with existing property owners adjacent to the south to provide a
consistent minimum 6-foot-high CMU property wall along the south property line that is
designed in compliance with City of Chandler standards.

6. Owner shall work with City of Chandler to make the approved changes to the existing
CMU theme wall along the west property line that is designed in compliance with City of
Chandler standards.

7. Owner shall provide a 6-foot-high decorative CMU view wall to match the City of Chandler
owned theme wall at the west property line along Chandler Boulevard as shown on the
site plan exhibit that includes a partial CMU wall with wrought iron view panels above.
Pedestrian and vehicular gates shall be 6-foot-high wrought iron painted to match the
view panels.

6. PLH23-0002 RAISING CANE’S
Request for Preliminary Development Plan approval for a restaurant with a drive-thru at 7450 W.
Chandler Boulevard, generally located east of the northeast corner of Chandler Boulevard and I-

10 Freeway.

Move Planning and Zoning Commission recommend approval of Preliminary Development Plan
PLH23-0002 Raising Cane's for a restaurant with a drive-thru, subject to the conditions as

recommended by Planning staff.
Recommended Conditions of Approval
Planning staff recommends Planning and Zoning Commission move to recommend approval of

the Preliminary Development Plan, subject to the following conditions:

1. Development of the site shall be in substantial conformance with the conceptual exhibits
entitled "Conceptual Exhibits".

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

time of planting.

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

5. Fifty percent of the trees planted along Chandler Boulevard shall be a minimum of 36-inch
box and 12-feet in height at the time of planting.

6. 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.

ye PLH23-0012 CONCORD HOSPITALITY

Request Preliminary Development Plan approval for site layout and building architecture for a
four-story hotel on approximately 2.67 acres. The subject property is located in the Chandler
Airport Center, at the southeast corner of Cooper Road and Yeager Drive, approximately % mile
south of the Santan (202) Freeway.

Move Planning and Zoning Commission recommend approval of PLH23-0012 Concord
Hospitality, Preliminary Development Plan for site layout and building architecture for a four-
story hotel on approximately 2.67 acres, subject to the conditions as recommended by Planning
staff.

Recommended Conditions of Approval
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
“Concord Hospitality” and kept on file in the City of Chandler Planning Division, in File No.
PLH23-0012, 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. The site shall be maintained in a clean and orderly manner.

3. 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.

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

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

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6. 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.

7. Fifty percent of the trees planted along the arterial streets shall be a minimum of 36-inch
box and 12-feet in height at the time of planting.

8. Aminimum of two electric vehicle charging stations shall be provided.

8. PLH22-0066 CROWN CHEVRON
Request for Use Permit approval to install a wireless communication facility. The property is
located at 980 N. Cooper Road at the southwest corner of Ray Road and Cooper Road.

CHAIRMAN HEUMANN asked staff to read aloud the added stipulation.

BEN CERECERES, CITY PLANNER read aloud added Stipulation No. 5: The applicant shall work
with staff to provide additional trees on-site.

Move Planning and Zoning Commission recommend approval of Use Permit PLH22-0066 Crown
Chevron for the installation of a wireless communication facility, 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. Expansion of the wireless facility or modification of the use beyond approved exhibits
shall void the Use Permit and require a new Use Permit application and approval except
that any application for modification as an "eligible facilities request" under Section
6409(a) of the Spectrum Act of 20212 shall not require a new Use Permit application.

2. Use Permit 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 Use
Permit shall apply.

3. The facility pole that resembles a tree trunk shall use material and color that mimics tree
bark.

4. The color of the leaves on the facility shall closely resemble the color of the leaves of the
existing trees on the subject site.

** Note: Stipulation #5 was added due to discussions held by the Planning and Zoning
Commission this date.
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5. The applicant shall work with staff to provide additional trees on-site.

9. PLH23-0019 GHETT YO TACO

Request Entertainment Use Permit approval to allow for live entertainment and speakers
indoors and outdoors, located at 241 S Oregon Street, generally located north and west of
Arizona Avenue and Frye Road.

AMOS VANCE, 210 S. ARIZONA AVENUE explained the existing noise levels near residences and
the potential adverse effects of additional music in the neighborhood. He stated he lives near
The Perch and the music is so loud he uses foam to the line his walls and ear plugs. He further
stated having more music in the neighborhood is not necessary because this location is in close
proximity to The Perch.

CHAIRMAN HEUMANN asked the staff to address the concerns of Mr. Vance and asked to clarify
the type of music, particularly in the early morning hours.

MIKA LIBURD, ASSOCIATE PLANNER clarified music played at 10:00 am would be limited to
speakers as outlined in the application and they reassured that the volume would not be
unreasonably loud to disturb the surrounding residents.

COMMISSIONER LOPEZ asked for clarification on what was meant by "speakers" and asked if it
would be music played over the speakers rather than live bands.

MIKA LIBURD, ASSOCIATE PLANNER clarified it would be ambient background music played over
the speakers and not live bands performing at 10:00 a.m.

CHAIRMAN HEUMANN stated there are various elements included in the proposal, such as the
one-year time stipulation and the availability of a phone number to address any issues or
concerns. He emphasized the need for the applicant to be a good neighbor and minimize any
disturbance caused by the music, particularly in the early mornings. He highlighted the positive
impact of the restaurant on the downtown entertainment area, emphasizing its success.

Move Planning and Zoning Commission recommend approval of Entertainment Use Permit
PLH23-0019 Ghett Yo Taco for live outdoor entertainment, 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:

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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.

2. The Entertainment Use Permit is non-transferable to any other location.
3. The site shall be maintained in a clean and orderly manner.
4. Music shall be controlled so as to not unreasonably disturb area residents.

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

6. The Entertainment Use Permit shall remain in effect for one (1) year from the date of City
Council approval. Continuation of the Use Permit beyond the expiration date shall require
re-application to and approval by the City of Chandler.

10. Cancellation of the June 21, 2023 and July 5, 2023 Planning and Zoning Commission
Hearing

Move Planning and Zoning Commission cancel June 21, 2023, and July 5, 2023, Planning and
Zoning Commission Hearings.

Consent Agenda Motion and Vote

CHAIRMAN HEUMANN informed the audience that a Study Session was held before the Regular
Meeting to discuss Items No. 1-10 and asked if anyone in the audience, other than those who
had submitted speaker cards, wished to provide input on any of the items. He confirmed there
were no additional speakers or cards.

VICE CHAIR KOSHIOL moved to approve the Consent Agenda of the June 7, 2023, Regular
Planning and Zoning Commission Meeting, with Stipulation No. 5 added to Consent Agenda Item
No. 8; Seconded by COMMISSIONER LOPEZ.

Motion carried unanimously (7-0).

Action Agenda Item No. 11 and Discussion

11. PLH22-0018/PLT22-0017 HONEYSUCKLE TRAIL

LAUREN SCHUMANN, PRINCIPAL PLANNER presented details regarding the request for Rezoning
from Single-Family District (SF-33) to Planned Area Development (PAD) for single-family
residential and a City Park, Preliminary Development Plan approval for subdivision layout and

Page 13 of 27

housing product, and Preliminary Plat approval for a 48-lot single-family subdivision on
approximately 8 acres and 4.5 acre City Park with retention located at the northwest corner of
Warner Road and Bullmoose Drive, approximately #2 west of Dobson Road.

CHAIRMAN HEUMANN sought clarification regarding the inclusion of open space in the density
calculation. He highlighted that in a typical development, open space would be incorporated into
the density calculation, resulting in a lower density per acre; however, in this case, the open
space has been deeded to the city or subject to a development agreement, which affects the
perceived density.

LAUREN SCHUMANN, PRINCIPAL PLANNER responded that is correct.

CHAIRMAN HEUMANN asked about the stipulation regarding the creation more articulation
along the street as discussed earlier.

LAUREN SCHUMANN, PRINCIPAL PLANNER provided an update on the stipulation, stating the
Applicant had agreed to add an additional stipulation to limit lots one through eight from having
the same elevation and/or floor plan.

CHAIRMAN HEUMANN asked about the level of control the city would have if a charter school or
another church were to purchase the land.

LAUREN SCHUMANN, PRINCIPAL PLANNER stated if a publicly funded charter school acquired
the property, they would not be required to meet the City's zoning standards, except for life
safety and fire regulations. She explained the traffic standards would also not apply to them. She

further stated if another church purchased the site, that it would likely require a new use permit
since it is not permitted by right under the SF-33 zoning.

COMMISSIONER VELASQUEZ asked if there was a traffic signal at Mesquite and Dobson.

LAUREN SCHUMANN, PRINCIPAL PLANNER responded that there is only a stop sign at the
intersection.

COMMISSIONER VELASQUES asked if all the homes in the development would be two stories.
LAUREN SCHUMANN, PRINCIPAL PLANNER confirmed all the homes proposed were two stories.
CHAIRMAN VELASQUEZ asked about the existence of dry wells within the fenced-off basin to the

north and if they can drain within 36 hours. He asked if the 1.7-acre park included other
retention features beside the sidewalk and if the water would drain into the northern basin.

Page 14 of 27

LAUREN SCHUMANN, PRINCIPAL PLANNER stated to her knowledge, there were no existing dry
wells in the area and the Applicant is not requesting dry wells. She presented an exhibit and
explained the green line represents a portion of the subdivision that retains water as approved
by the city engineer. She added all the drainage from the park will flow towards the retention
basin and a portion of the subdivision's retention would also flow towards the southwest corner

COMMISSIONER LOPEZ asked about the depth and design of the new retention basin and if the
new retention basin would have to be dug down an additional two and a half feet. He mentioned
the previous design could not handle a 100-year storm event and asked what are the new
parameters to address this.

LAUREN SCHUMANN, PRINCIPAL PLANNER explained that the basin would be a total of five feet
deep, with berms and trees incorporated to mitigate visual impacts. She presented an exhibit
and explained, they are preserving some mature trees and planting additional trees along
Bullmoose, and berms will be constructed to break up the views. She further stated the
retention basin would serve its purpose during a 100-year storm event, and the turf area in the
park would also retain some water but not a majority of it.

COMMISSIONER QUINN pointed out in the diagram that it seems the park area also functions as
a retention area based on the topography lines. He asked if this was just a remnant in the
drawing or is the turf area in the park truly a retention area.

LAUREN SCHUMANN, PRINCIPAL PLANNER clarified it serves as a small basin for the turf area
and while it will retain some water, it won't handle the majority of the drainage.

COMMISSIONER QUINN mentioned that it appeared to be around three feet deep.

KEVIN MAYO, PLANNING ADMINISTRATOR clarified any area deeper than 3.49 feet must be
fenced off according to Maricopa County regulations. He further explained the park side of the
city parcel will not require fencing but will function as a basin and during a 100-year storm event,
the retention basin will be full, and water will rise above that level, flowing over to the city park.
He stated normal storms will drain into the retention basins and will not affect the park and
essentially, the entire area serves as a basin.

COMMISSIONER QUINN asked if approximately 28 to 30 acre-feet of water could be stored.
KEVIN MAYO, PLANNING ADMINISTRATOR replied that is correct.

COMMISSIONER BARICHELLO stated he was curious about the large amount of turf depicted in
the park, especially since it is unlikely to be used for activities such as soccer fields. He asked if
there have there been any discussions about reducing the turf area to align with our
conservation objectives.

Page 15 of 27

LAUREN SCHUMANN, SENIOR CITY PLANNER stated there have been extensive discussions and
conversations over the past year involving the parks department, civil traffic, and other
stakeholders. She explained while some considerations were given to removing the turf entirely,
it was ultimately decided to retain a portion of it to ensure the park's usability and appeal for
various activities.

CHAIRMAN HEUMANN confirmed there were no further questions from the Commission from
staff and asked the Applicant to come forward.

RALPH PEW, APPLICANT mentioned that bringing the parcel before the meeting today has been
a long and challenging endeavor and the process leading up to this point has taken a full two
years. He expressed his gratitude to the staff as almost every department and discipline within
the city had been involved in the project including planning, engineering, and the legal
department. He stated their cooperation has been exceptional in shaping the plan and
addressing its feasibility. He stated his intention is not to repeat everything that Mrs. Schumann
had presented, as her comprehensive presentation covered most key points; however, he
wished to highlight a few things that were raised by the Commissioners. He presented
statements regarding density and explained when the 48 lots were spread across the 12-acre
site, the result was approximately four units per acre, this calculation addressed a question
raised earlier. He further explained the development agreement was being carefully reviewed by
the City Attorney and would be presented to the City Council for consideration along with this
case. He stated this agreement would define the parameters for constructing the retention
basin, developing the park area, and the process for conveying the land to the city and it
encompasses all the technical details related to these aspects. He addressed confusion about
ambiguous language in the plat for the Orange Tree subdivision back in 1978 and stated the
responsibility for retention had not been clearly defined at that time, and this situation had
carried forward since then. He stated their objective was to structure a plan that worked for the
current situation. He further stated benefits the city included a utilitarian retention basin,
protected with a five-foot fence, designed to serve the neighborhood and prevent a repeat of
the issues experienced in 2014. He explained a portion of the land, approximately two acres,
would be transformed into a public park accessible to the community. He mentioned the
unoccupied structure and neglected landscaping on the site would be rehabilitated at their
expense and conveyed to the city, improving the overall aesthetics of the area. He exclaimed this
project represents a prime example of infill development. He mentioned although the lots were
smaller than neighboring properties, when considering the overall density and the land being
conveyed to the City, it aligned closely with the surrounding area. He explained the traffic
department, along with their traffic study, had indicated that these 48 homes would not
significantly contribute to additional traffic congestion or the need for roadway improvements
and the project's parking availability included ample spaces on-site, on the streets, driveways,
and garages. He expressed his appreciation for the hard work that had led them to this point
and urged a recommendation of approval. He stated they agree with all stipulations and

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conditions, including the latest addition from the staff presentation and thanked the
Commission for their time and asked if there were any questions.

CHAIRMAN HEUMANN thanked the Applicant and confirmed there were no questions from the
Commission before moving on to the speaker cards. He announced that the first speaker would
be Michael Barron.

MICHAEL BARRON, 2111 N. BULLMOOSE DRIVE expressed his full support for the project,
emphasizing the improvement it would bring to the neighborhood and the quality of the
builder's work. He advised that him and his wife who are real estate agents reside directly across
the street from the site and praised the builder for their product. He thanked Duane Lidman and
the City for their work on the proposed park and stated this will be a nice addition to the area.

CHAIRMAN HEUMANN thanked the speaker for their comments and confirmed there were no
questions from the Commission. He advised the next speaker, Valerie Malkoff, 2302 N.
Bullmoose Drive, chose not to speak but expressed opposition “to having gravel in the retention
basin and suggested landscaping with plant life instead.” He acknowledged the concern and
asked the staff to address the issue.

LAUREN SCHUMANN, PRINCIPAL PLANNER confirmed that landscaping was planned along the
street but currently, there were no plans to landscape the bottom of the basin with plant life.

CHAIRMAN HEUMANN confirmed that along the street scape there will be landscaping and
asked the next speaker, Roy Pinkerton, to come forward.

ROY PINKERTON, 1918 N. BULLMOOSE DRIVE stated his opposition to the project citing concerns
about traffic congestion and water availability. He expressed worries about increased traffic at
Bullmoose/Warner and Ellis/Coronado and explained their potential impacts on neighboring
streets and drivers attempting to reach the freeway. He also raised concerns about water and
advised as a third-generation water driller, he has seen water go from 35 feet deep to 55 feet
deep . He urged the City to consider the long-term effects of continued development.

CHAIRMAN HEUMANN thanked the speaker for their comments and confirmed there were no
question from the Commission. He asked the next speaker, Scott Mullins, to come forward.

SCOTT MULLINS, 2317 W. MESQUITE STREET expressed opposition to the project, primarily
focusing on traffic concerns and the density of the proposed development. He mentioned there
is already a problem at Bullmoose/Warner with delays in entering and exiting the intersection.
He believed that the high density of the proposed property would further exacerbate the
congestion issue. He questioned the accuracy of the density figures mentioned, stating that the
proposed houses, which are 50% larger than the current houses in the least dense area of
Orange Tree, would be situated on smaller lots of 4000 square feet. He argued that this higher

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density did not align with the overall plan of Orange Tree. He pointed out that there are no two-
story buildings in Orange Tree, and it seemed unlikely that residents would add a second floor to
their houses. In terms of parking, he expressed doubt about the feasibility of enforcing the
requirement for residents to park in their garages and raised concerns about the availability of
adequate parking. He mentioned that during previous meetings, the width of the streets did not
appear sufficient for on-street parking while still allowing emergency vehicles to pass through.

CHAIRMAN HEUMANN acknowledged the speaker's concerns and asked the staff to address the
parking issue.

LAUREN SCHUMANN, PRINCIPAL PLANNER clarified that parking on both sides of the road was
allowed and assured that the streets would be built to accommodate emergency vehicles.

CHAIRMAN HEUMANN he ensured there would be unobstructed access for emergency services
and clarified no construction would be permitted if fire trucks or emergency vehicles could not
get through. He confirmed there were no questions or comments from the Commission and
asked the next speaker, Brian Campanella, to come forward.

BRIAN CAMPANELLA, 2209 W. MARICOPA STREET expressed his opposition to this project and
elaborated that the City had engaged in collusion with a non-constituent to effect changes
without informing the public, which he stated was unacceptable. He urged the City Council to
rezone everything and cease collaboration with developers. He stated the City needs to strictly
adhere to zoning regulations during the planning and approval process and raised concerns
about perceived familiarity between the Chairman and the Applicant suggesting collusion with a
non-constituent. He asserted that if even a single constituent opposed the project, it should not
proceed. He questioned the Chairman's statements regarding inclusion of property densities in
the discussion that is not allowed for consideration and stated this was another indication of the
relationship between the Commission with a non-constituent. He stated the project would
inevitably be pushed through despite objections and expressed the belief that it was wrong and
did not align with the character of the neighborhood. He acknowledged the value of capitalism
but argued against its implementation at the expense of the neighborhood. He criticized the
number of units proposed, asserting that it was the maximum possible to fit into the area.
Additionally, he mentioned the size of the park associated with the project, as it is much smaller
than what was originally planned. He stated the abandoned canal on the property is the
responsibility of the landowner to maintain and argued that it should be restored to full use. He
concluded by expressing their strong disapproval of the entire project.

CHAIRMAN HEUMANN addressed the accusation of collusion with the attorney by expressing he
has served on this dais for many years, and most zoning attorneys can attest that many projects
have been opposed and voted in favor of others. He further stated he appreciated the speaker's
comments on density and related matters but accusing this Commission or himself of collusion
is entirely unfounded and such allegations are unjust. He confirmed there were no further

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questions or comments from the Commission and asked the next speaker, Denise Campanella,
to come forward.

DENISE CAMPANELLA, 2209 W. MARIPOSA STREET , expressed her support for cleaning up the
property but voiced concerns about the proposed density and traffic impact. She highlighted the
potential impact of the 48 homes, which could potentially result in four cars per home,
significantly impacting the traffic at Bulmoose/ Warner intersection. She mentioned experiencing
delays at the intersection and believed that the project would exacerbate the situation. She
pointed out that the density of the proposed homes was much higher than the existing homes
in the Orange Tree subdivision, which does not align with the neighborhood's character. She
stated parking is another concern and while the developer claimed that there would be
sufficient parking, she has doubts about the enforceability of ensuring everyone parks in their
garages. She also noted that the streets appeared too narrow to accommodate parking,
potentially posing challenges for emergency vehicles.

CHAIRMAN HEUMANN thanked the speaker for her comments and confirmed there were no
questions or comments from the Commission. He asked the next speaker, Nicholas Wiest, to

come forward.

NICHOLAS WIEST, 2212 W. LOS ARBOLS PLACE announced he is very pleased with the project
and the quality of homes. He mentioned that he works for a company that conducts surveys of
new developments in the East Valley, including Mesa, Gilbert, and Chandler and explained based
on his experience surveying various builders, he can attest to the exceptional quality of K.
Hovnanian Home products and the overall appeal of the neighborhoods. He stated he is
consistently impressed with their work and emphasized that his comments were solely based on
his professional observations and not influenced by any personal association with these
builders.

CHAIRMAN HEUMANN thanked the speaker for his comments and confirmed there were no
questions or comments from the Commission. He asked the next speaker, Kenneth Marks, to

come forward.

KENNETH MARKS, 2533 W. EL ALBA WAY stated he resides in the county portion of the area and
mentioned his appreciation for the Commission's questions regarding dry wells. He highlighted
the importance of the retention basin not only in containing water during storms but also in
efficiently draining it within a specific timeframe. He emphasized the need for the City to
monitor this aspect to avoid mosquito breeding issues that have occurred in the past. He
pointed out El Alba is an east-west street located on the westside of Bullmoose when traveling
north from Warner and expressed worries about potential cut-through traffic on El Alba and 9197
Street. He explained drivers often seek alternate routes due to the challenging intersection of
Bullmoose and Warner and he anticipates increased traffic if the Bullmoose intersection
worsened. He stated regarding the development itself, the Applicants has a reputable

Page 19 of 27

background and have been responsive to questions and he has no objections to them; however,
he urged the consideration of these two specific issues.

CHAIRMAN HEUMANN acknowledged the speaker's concerns and stated the issue of the dry
wells was already addressed by staff. He asked for clarification on El Alba Way as he did not see
it as part of the project.

LAUREN SCHUMANN, PRINCIPAL PLANNER stated El Alba Way is located directly north of the
proposed retention basin and with the current plans, drainage would occur within 36 hours.

CHAIRMAN HEUMANN thanked the speaker and staff. He confirmed there were no questions or
comments from the Commission and asked the next speaker, Vicki Marks, to come forward.

VICKI MARKS, 2533 W. EL ALBA WAY stated she resides in the county area and it presents
challenges in assimilating with the City. She voiced that her primary concern focused on the
retention wall along the entire project, particularly on the west side. She explained the irrigation
ditches in that area currently experience some unauthorized traffic, although not significant in
numbers. She expressed concern about the need for a sufficiently high wall to prevent people
from the park or neighboring areas from entering their area and mentioned the church has
encountered issues with campers. She highlighted the importance of preventing further
trespassing along the canals and shared instances of stolen chickens and other problems
caused by people crossing over into their area. She believed the project would likely be
acceptable, however she worries about traffic and emphasized the narrowness of El Alba, which
is frequent use by joggers, children, and horse riders, especially in the early morning. She
presented concerns regarding increased traffic accessing El Alba and crossing 915" Street. She
concluded by expressing her hope that the developer would address the matter of the wall, as it
would be crucial in preventing liability for individuals falling into the ditch or climbing over the
fence.

CHAIRMAN HEUMANN asked staff to address the concerns raised about the irrigation ditch and
wall.

VICK] MARKS, 2533 W. EL ALBA WAY stated the ditch is not a problem and emphasized the desire
of homeowners to prevent people from the adjacent area from accessing the property and
potentially causing issues.

CHAIRMAN HEUMANN stated the City provides assistance for campers and encouraged anyone
experiencing issues to contact the City of Chandler Neighborhood Resources Department. He
recommended reporting any problems to relevant city staff as they are equipped to handle such
situations. He confirmed there were no questions or comments from the Commission and
announced all the speaker cards have been addressed. He invited anyone else who wanted to
speak to come forward at this time to ensure no one is missed.

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