September 20, 2023 Regular Meeting Minutes

City of Chandler — Regular Meeting (2023-12-07)

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Meeting Minutes
Planning and Zoning Commission
Regular Meeting

September 20, 2023 | 5:30 p.m. nn
Chandler City Council Chambers Groe., CHANDLER
88 E. Chicago St., Chandler, AZ i Community of Innovation
Call to Order
The meeting was called to order by Chairman Heumann at 5:43 p.m.
Roll Call
Commission Attendance Staff Attendance
Chairman Rick Heumann Kevin Mayo, Planning Administrator
Vice Chair Sherri Koshiol David de la Torre, Planning Manager
Commissioner Erik Morgan Ben Cereceres, City Planner
Commissioner Michael Quinn Harley Mehlhorn, City Planner
Commissioner Jeff Velasquez Darsy Olmer, Associate Planner
Commissioner Kyle Barichello Mika Liburd, Associate Planner
Commissioner Rene Lopez Thomas Allen, Assistant City Attorney

Julie San Miguel, Clerk
Pledge of Allegiance

The Pledge of Allegiance was led by Commissioner Morgan.

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 HEUMANN announced two speaker cards were received for Item No. 2 PLH23-
0017/PLH22-0044 Chandler Farms. He advised that the commission would hear from the
speakers and the item will remain on the Consent Agenda unless moved to the Action Agenda
based on the feedback from the speakers.

Consent Agenda and Discussion

1. August 16, 2023, Planning and Zoning Commission Meeting Minutes
Move Planning and Zoning Commission approve Planning and Zoning Commission meeting
minutes of the Study Session of August 16, 2023, and Regular Meeting of August 16, 2023.

2. PLH23-0017/PLH22-0044 CHANDLER FARMS
Requests for Area Plan Amendment to Section 16 Area Plan from Commercial to High-Density
Residential and commercial, Rezoning from Planned Area Development (PAD) for commercial to
PAD for multi-family residential and commercial, and Preliminary Development Plan approval for
site layout and building architecture on approximately 14.9 net acres located at the southwest
corner of Arizona Avenue and Queen Creek Road.

An Addendum Memo was presented to the Commission with added Rezoning Stipulation No. 8.
and additional community input received by staff.

CHAIRMAN HEUMANN invited the first speaker, Bruce Walag, to the podium and requested him
to state his name and address.

BRUCE WALAG, 396 W. DESERT BROOM DRIVE expressed his gratitude to the builders for their
consideration of the community's feedback, specifically regarding building height reductions. He
presented concerns about the influx of residents and maintenance costs for the pathway and
common area. He mentioned the area proposed for the site was intended for commercial but is
now used for residential properties. He elaborated on the financial burdens borne by the
community and the HOAs for upkeep of various shared amenities and mentioned lack of equal
access to amenities across different sections. He proposed a permanent barrier to address the
concerns and stated that petition to block off the HOA common areas was circulated and
obtained forty-five signatures. He concluded by expressing that while he was not opposed to the
Chandler Farms development, he felt it essential to voice the concerns regarding the common
area and walking path.

CHAIRMAN HEUMANN thanked the speaker for his comments and called the next speaker,
Robert Sty, and requested him to state his name and address.

ROBERT STY, 3120 S. DAKOTA PLACE introduced himself as resident of Hamilton Heights for over
ten years, previous president of the HOA. He voiced his opposition to the proposed
development citing concerns about housing density, traffic implications, and overall impact of
the proposed changes on the neighborhood. He suggested additional traffic studies and
potential traffic management solutions, in anticipation of more drivers using Queen Creek Road

and drivers turning left on Arizona Avenue. He recommended the addition of a right turn lane
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for the apartment complex to alleviate congestion on Queen Creek Road and that the general
contractor be required to work with the HOA. He thanked the Commission for their time and
consideration.

CHAIRMAN VELASQUEZ stated he believed that a deceleration lane would be added for those
who are making a right turn.

CHAIRMAN HEUMANN confirmed the existence of a deceleration lane on Queen Creek Road and
asked staff to address traffic concerns related to the development.

ALISA PETTERSON, SENIOR PLANNER confirmed the continuous deceleration lane along both
Queen Creek Road and Arizona Avenue. She reviewed the traffic analysis and stated the
proposed driveway locations, were deemed satisfactory by the City's traffic engineer.

CHAIRMAN HEUMANN asked the Applicant to come forward and address the concerns of the
speakers. He mentioned traffic implications of the proposed development and asked the
Applicant if they could make coordination efforts with the neighborhood during construction.

BRENNAN RAY, APPLIANT acknowledged the coordination concerns and confirmed their
commitment to collaborating with the Hamilton Heights HOA on construction activities and any
potential disruptions.

CHAIRMAN HEUMANN asked about the walking path that was designed and approved by
Council back 2007.

BRENNAN RAY, APPLIANT stated the path has a long history. He explained the pedestrian
connection was deemed important for developments, and this specific path was likely imposed
by stipulation on other developments. He further explained, the path runs along the western
side of their property and is not gated, but there are existing gates on the adjacent property.

CHAIRMAN HEUMANN asked if the entrance way of the proposed property is different from Liv
Avenida because they have gate, which was a point of concern.

BRENNAN RAY, APPLIANT presented an image and pointed out that the path is uninterrupted,
with no gates on their property preventing access. He further pointed out the only restrictions
are on the adjacent property to the south. He stated that there is a perimeter fence on the
property, but it does not prevent access.

CHAIRMAN HEUMANN thanked the speaker and asked if there were any questions from the
Commission.

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COMMISSIONER LOPEZ asked for clarification on the proposed fence between the two
properties.
BRENNAN RAY, APPLIANT confirmed that the intention is for open access.

CHAIRMAN HEUMANN pointed out the ambiguity regarding the pathway and asked staff if it
would be more effective to allow Council to determine the adjustments based on the ordinance.
He explained that he is hesitant to propose numerous motions about the inclusion or exclusion
of this pathway if past ordinances have already established its existence. He wondered if it
would be better for the Commission to wait for Council's decision regarding the path, given
previous ordinances.

KEVIN MAYO, PLANNING ADMINISTRATOR explained the complications of the path's final leg and
its implications for private properties. He suggested the Commission decide on the path's
completion for the current property and deal with further issues afterward. He explained in the
recent weeks, staff has grappled with the implications if pathway on the subject site remains
incomplete. He stated any decision made by this Commission tonight, and subsequently by the
Council, only pertains to the subject property. He pointed out that we do not have the
jurisdiction to impose decisions on private properties, however if Council chooses not to
continue with the path's development, there will be challenges of addressing its segment on Liv
Avenida. Over time, we've approved zoning cases with preliminary plans (PDP) that indicate
public access. He recommended the Commission provide recommendations concerning the
segment on the subject property and depending on Council's decision, staff will then need to
collaborate with neighborhoods and stakeholders to resolve the situation.

CHAIRMAN HEUMANN expressed that he has no desire not to delay the discussion and hoped
that staff could work with Council to address the path's legality and other concerns.

KEVIN MAYO, PLANNING ADMINISTRATOR recommended the Commission decide whether to
complete the path or deem it unnecessary due to changes.

CHAIRMAN HEUMANN advised that this item shall remain on the Consent Agenda. He reminded
the audience that the Planning and Zoning Commission is a recommending body and this
matter will be heard before the Council for decision.

Area Plan
Move Planning and Zoning Commission recommend approval of Section 16 Area Plan
amendment, PLH23-0017 Chandler Farms, as recommended by Planning staff.

Rezoning
Move Planning and Zoning Commission recommend approval of Rezoning PLH22-0044 Chandler
Farms, Rezoning from Planned Area Development (PAD) for commercial to PAD for mixed-use

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development including multi-family and commercial, subject to the conditions as recommended
by Planning staff.

Preliminary Development Plan

Move Planning and Zoning Commission recommend approval of Preliminary Development Plan
PLH22-0044 Chandler Farms, for site layout and building architecture, subject to the conditions
as recommended by Planning staff.

Area Plan Amendment
Planning staff recommends Planning and Zoning Commission move to recommend approval of
the Area Plan Amendment to the Section 16 Area Plan from Commercial Uses to Multi-Family
and Commercial uses.

Rezoning

Planning staff recommends Planning and Zoning Commission move to recommend approval of
Rezoning from PAD for commercial to PAD for mixed-use development, subject to the following
conditions:

1. Development shall be in substantial conformance with the Development Booklet, entitled
“Chandler Farms” and kept on file in the City of Chandler Planning Division, in File No. PLH22-
0044, 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. Multiple-family residential shall be permitted at a maximum density of 24 dwelling units per
acre.

3. Uses permitted within the commercial buildings shall be limited to retail, restaurants, and
personal services, except the following uses shall be prohibited: tattoo and body piercing
parlors, dry cleaners and laundromats, and sexually oriented businesses.

4. 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.

5. 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.

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

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

Property Line Building Setback

North (Queen Creek

Rd.) 50 feet at commercial, and 165 feet at multi-family (168 feet actual)

East (Arizona

Ave.) 50 feet at commercial, and 100 feet at multi-family

95 feet at multi-family adjacent to existing single-family (100 feet
West actual), and 80 feet at multi-family adjacent to existing multi-family
(85 feet actual)

South 10 feet at multi-family adjacent to existing multi-family

Note: Stipulation #8 was added on the Addendum Memo presented to Planning and Zoning
Commission this date:

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

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
“Chandler Farms” and kept on file in the City of Chandler Planning Division, in File No. PLH22-
0044, 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.

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.

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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.

8. Signs for commercial businesses shall comply with C-2 standards as provided for in section
39-9.7 C-2 Community Commercial District of the City of Chandler Code.

9. Applicant shall work with staff to enhance the multi-family buildings with stucco score lines to
break up large stucco areas and further enhance the building architecture.

10. Applicant shall provide lighted bollards along the pedestrian path at the west property line.

3. PLH22-0046 REZAMP LLC Office #2 & 3
Requests for Rezoning from SF-8.5 to SF-8.5/PAD for professional offices to allow reduced
setbacks for an existing building located at 484 and 456 W. Chandler Blvd.

Move Planning and Zoning Commission recommend approval of Rezoning PLH22-0046,
Rezoning from SF-8.5 to SF-8.5/PAD for professional offices to allow for reduced setbacks,
subject to the conditions as recommended by Planning staff.

Planning staff recommends Planning and Zoning Commission move to recommend approval of
Rezoning from SF-8.5 to SF-8.5/PAD for professional offices, subject to the following conditions:

1. Development shall be in substantial conformance with the attached exhibits and kept on file
in the City of Chandler Planning Division, on file in Rezamp LLC PLH22-0046, modified by such
conditions included at the time the exhibits were approved by the City Council and/or as
thereafter amended, modified or supplemented by the City Council.

2. Uses permitted shall be those permitted in the SF-8.5 Single-Family District and Office, except
that medical uses such as but not limited to general practitioners, pediatricians, dental, and
optometrists shall be prohibited. Medical uses such as but not limited to psychiatry,
counseling services and other medical specialists, shall be permitted subject to providing a
parking study to be reviewed an approved by the Zoning Administrator that demonstrates the

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services provided will not generate a parking demand that exceeds the number of spaces on
the site.

3. Any development on either lot must comply with SF-8.5 development standards except that
building setbacks for the existing structure located at the northwest corner of the site shall
comply with a side yard setback of zero (0) feet and a rear setback seven (7) feet.

4. The maximum number of on-site employees per address shall not exceed six (6).

5. No building shall operate on weekends and shall close no later than 6 p.m. during the week.
6. All employees and clients shall park on-site.

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

4. PLH23-0024 THE STILLERY

Requests for Use Permit approval for a Series 6 Bar Liquor License and a time extension for an
Entertainment Use Permit for live indoor entertainment and outside patio speakers for
background music only. The existing business is located at 130 S Arizona Ave, at the northwest
corner of Arizona Ave and Chicago St.

Move Planning and Zoning Commission recommend approval of case PLH23-0024 The Stillery,
Use Permit approval for a Series 6 Bar Liquor License and a time extension for an Entertainment
Use Permit for live indoor entertainment and outside patio speakers for background music only,

subject to the conditions as recommended by Planning staff.

Planning staff recommends Planning and Zoning Commission move to recommend approval of
the Use Permit and Entertainment 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 Entertainment Use Permit and require new Use
Permit and Entertainment Use Permit application and approval.

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

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

4. No noise shall be emitted from external speakers or live entertainment in such a manner that

exceeds the general level of noise by uses outside the premises of the business and disturbs
adjacent businesses and residential areas.

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5. The establishment shall provide a contact phone number for a responsible person (i.e. wine

5.

bar owner and/or manager) to any interested neighbors or property owners to resolve noise
complaints quickly and directly.

The Entertainment Use Permit shall remain in effect for three (3) years from the date of City
Council approval. Continuation of the Entertainment Use Permit beyond the expiration date

shall require re-application to and approval by the City of Chandler

PLH23-0014 GOOD TIME CHARLI’S

Requests for Use Permit approval for a Series 6 Bar Liquor License and a time extension for an
Entertainment Use Permit for live indoor and outdoor entertainment. The existing business is
located at 6045 W. Chandler Boulevard, Ste. 7, at the southwest corner of Kyrene Rd and
Chandler Blvd.

Move Planning and Zoning Commission recommend approval of Use Permit case PLH23-0014
Good Time Charli's for a Series 6 Bar Liquor License and a time extension for an Entertainment
Use Permit for live indoor and outdoor entertainment.

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

1.

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

The Use Permit is non-transferable to any other location.
The site shall be maintained in a clean and orderly manner.

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

Music shall be controlled so as to not unreasonably disturb area residents and shall not
exceed the ambient noise level as measured at the commercial property line.

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.

Live music on the patio may occur Friday through Sunday, no later than 8:00 pm, and shall be
limited to acoustic and non-amplified instruments. When percussive instruments are used,

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they shall be limited to cajons, small box drums and the like. Drum kits and steel drums shall
be prohibited.

8. The eastern door facing Kyrene Road shall remain closed and shall be used for an emergency
exit only. Said door shall have an automatic door closer installed.

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

7. Cancellation of the October 4, 2023, Planning and Zoning Commission Hearing
Move Planning and Zoning Commission cancel October 4, 2023, Planning and Zoning
Commission Hearing.

Consent Agenda Motion and Vote

CHAIRMAN HEUMANN confirmed there were no further speakers or Commission comments or
questions regarding Items on the Consent Agenda.

COMMISSIONER LOPEZ moved to approve the Consent Agenda of the September 20, 2023,
Regular Planning and Zoning Commission Meeting, with added Rezoning Stipulation No. 8 of
Consent Agenda Item No. 2; Seconded by COMMISSIONER MORGAN.

Motion carried unanimously (7-0).

Action Agenda Item No. 6 and Discussion

6. PLH23-0020 HUNT HIGHWAY CELL TOWER

BEN CERECERES, CITY PLANNER presented details regarding the requests for Use Permit
approval to install a wireless communication facility. The subject site is located within the
Sunbird Golf Resort community located at the southwest corner of Riggs Road and Cooper Road.

An Addendum Memo was presented to the Commission with additional emails from residents
that staff received after posting of the memo.

CHAIRMAN HEUMANN asked if it was possible to add more trees and if there was space
available to plant additional trees in other spaces for better screening without causing
interference with course.

BEN CERECERES, CITY PLANNER stated staff will confirm this with the Applicant and collaborate
with the golf course management to add additional trees.
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CHAIRMAN HEUMANN thanked staff and asked the Applicant to come forward for a
presentation.

MICHAEL POWERS, APPLICANT introduced himself and stated other specialized professionals
were present and available for questions. He explained they have been working with the staff for
an extended period, and it had taken considerable effort to provide a product that adheres to
the code and maintained consistency with other similar structures. He highlighted that the
Applicant would be the main point of contact for any future concerns and the tower would serve
Verizon as possibly other carriers as a sub-tenant. Michael emphasized the importance of the
technology and their adherence to FCC safety standards. He further stated the FCC essentially
had full control over the safety, manufacturing, distribution, installation, and operation of
wireless equipment and thus, any Commission decisions based on this could lead to an appeal.
He mentioned if there were any questions on safety from the Commission or audience that
Steven Kennedy, is present and prepared a brief presentation. He emphasized the Applicant has
worked diligently to ensure the proposed tower complies with the code and this technology is
crucial for the communication needs of the area, especially for safety and first responders. He
expressed hope for the recommendation of approval, believing the proposed tower is legally
acceptable and would greatly benefit the community.

CHAIRMAN HEUMANN asked where the closest existing tower was located and mentioned first
responders have had issues in this area in the past.

BEN CERECERES, CITY PLANNER presented an image showing the location of the proposed
facility and the closest existing tower.

CHAIRMAN HEUMANN asked the Applicant if they had any issues planting additional trees.
MICHAEL POWERS, APPLICANT stated planting additional vegetation is not an issue.

CHAIRMAN HEUMANN confirmed there were no further questions or comments from the
Commission. He announced the Commission will now hear from the audience and if there are
any questions that required answers, they will call the Applicant and experts to speak. He
advised there are several speaker cards, and he will call the name of the individual and ask if
they would like to speak or note their stance record. He further advised if the individual would
like to speak, they will have three minutes to present and to start with their name and address.
He announced the first speaker is Michael Reed.

MICHAEL REED, 1909 E. GLENEAGLE advised he would like to speak on the matter and spoke
about deteriorating mobile connectivity over the past three years. He shared his personal
experience of using a mobile hotspot and changing service providers due to difficulties with
connectivity. He mentioned the challenges faced in maintaining consistent signal and highlighted

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an alarming incident where he faced difficulty in reaching 9-1-1 during a medical emergency with
his wife. He stated it took three tries to connect with 9-1-1 and that this tower is a necessary
infrastructure for those who live along Hunt Highway.

CHAIRMAN HEUMANN thanked the speaker and called the next speaker card.

TONI LEONARD, 1558 E. SPYGLASS DRIVE advised that she did not wish to speak but wanted her
support of the item noted.

CHAIRMAN HEUMANN proceeded to the next speaker card.

PATRICIA KICS, 1877 E. LINDRICK DRIVE advised that she did not wish to speak but wanted her
support of the item noted.

CHAIRMAN HEUMANN called the next speaker who wished to present statements before the
Commission.

GLENDA JACOBSON, 1569 E. SPYGLASS stated she has lived in the area for the past nine years
and spoke about cell connectivity challenges in the area, especially during emergencies. She
presented statements regarding a personal health scare where she faced difficulty reaching 9-1-
1, stated that it took multiple attempts to connect and quite alarming. She is deeply concerned
about connectivity to first responders and stated the tower is very much needed for the safety of
the community.

CHAIRMAN HEUMANN thanked the speaker and called the next speaker cards. The following
individuals indicated that they did not wish to speak, but wanted their support of the item noted:
BOB LAMA, 1560 E. BUENA VISTA DRIVE

JULIA PONCE, 6371 S. PEBBLE BEACH DRIVE

CAROL DELK, 1793 E. PALM BEACH DRIVE

SCOTT STOHR, 6510 S. CHAMPIONSHIP DRIVE

MARY STOHR, 6510 S. CHAMPIONSHIP DRIVE

DEAN TUCKER, 1511 E. COUNTY DOWN DRIVE

LISA ONYX, 6321 S. TOURNAMENT LANE

LAURETTA DOYLE, 6949 S. OAKMONT DRIVE

GUDRUN HUFFMAN, 1946 E. DORAL DRIVE

LINDA KNUTSON, 1820 E. KERBY FARMS ROAD

PATRICK LEACH, 6480 S. CHAMPTIONSHIP DRIVE

MARJORIE LEACH, 6480 S. CHAMPTIONSHIP DRIVE

CINDY WILSON, 6311 S. SAWGRASS DRIVE

BRUCE WILSON, 6311 S. SAWGRASS DRIVE

DAVE WHITE, 6371 S. SAWGRASS DRIVE

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GARY POPELKA, 1548 W. INDIAN WELLS DRIVE
SUZANNE POPELKA, 1548 W. INDIAN WELLS DRIVE
LOREN WALLACE, 6501 S. TOURNAMENT LANE
BARBARA WALLACE, 6501 S. TOURNAMENT LANE

CHAIRMAN HEUMANN called the next speaker who wished to present statements before the
Commission.

RENE SEAMAN, E. TORREY PINES presented concerns due to poor cell service, emphasizing the
importance of safety and better connectivity for emergency services. She after observing a
broken-down door during a walk, she faced difficulties contacting the guard station due to call
interruptions. She mentioned the increase of cell phone usage and population due to the
evolving neighborhood and school brining a younger population in the area. She emphasized
the need for newer infrastructure to support the demands of the community and increased
people in the area.

CHAIRMAN HEUMANN thanked the speaker and emphasized the importance of community
vigilance. He called the next speaker who wished to present statements before the Commission.

GARY HALL, 6361 S. SAWGRASS DRIVE stressed the multifaceted benefits of the proposed project
for the community. He explained this is a win-win for those involved, the citizens will feel more
secure in their ability to communicate and there will be revenue generated to help with the
future of the golf course.

CHAIRMAN HEUMANN thanked the speaker and called the next speaker cards. The following
individuals indicated that they did not wish to speak, but wanted their support of the item noted:
DEB ROLLINGS 6331 S. TOURNAMENT LANE

KEN CROSS, 6391 S. SAWGRASS DRIVE

ED LEONARD, 1558 E. SPYGLASS DRIVE

MICHAEL VIALL, 6321 S. PEBBLE BEACH DRIVE

CHAIRMAN HEUMANN thanked everyone who submitted a speaker card and asked if there were
any members of the audience who submitted a card and was not called or have not submitted a
card and wishes to speak.

JOAN HART, 1570 E. FIRESTONE DRIVE advised that her and her sister did not submit a speaker
card, but she would like to express their support for this item.

CHAIRMAN HEUMANN confirmed there were no additional individuals who wished to speak on
the matter. He asked the Applicant if they wished to address any of the comments from the
audience.

Page 13 of 15

COMMISSIONER LOPEZ mentioned some of the topics discussed were regarding increased
bandwidth and increased residents impacting tower capacity and he would like to hear from the
Applicant's engineer. He asked about aspects of internet reception, increase streaming, cellular
usage, and whether the residents would see immediate improvements in their communications
because of the tower.

STEVEN KENNEDY, 11143 NW. 165TH DRIVE introduced himself a radiofrequency engineer with
34 years of experience. He described the difference between coverage and capacity, explaining
how capacity gets divided with increased usage. He mentioned an area of the site is overcapacity
and emphasized the importance of increasing capacity in the area by adding more equipment.
He predicted a significant bandwidth increase when the proposed site is activated and
considerably improved coverage and service.

CHAIRMAN HEUMANN emphasized the significance of cell towers in ensuring reliable phone
coverage for emergencies and encouraged the Applicant to work with staff to add more trees.

COMMISSIONER LOPEZ mentioned there was feedback from a few individuals, both in person
and via email, expressing opposition to this matter and he would like to emphasize that even if
these discussions seem overwhelmingly one-sided to those with opposing views who may not
have voiced them, he assured that they are still acknowledged. He advised the Commission
listens to both sides of the argument, and this issue will be brought before the Council and
Mayor, who also consider all perspectives. Whether you feel you 'win' or ‘lose’ in these
discussions, rest assured, your opinions are heard. | just wanted to ensure everyone is aware of
that.

CHAIRMAN HEUMANN added that the Planning and Zoning Commission is a recommending
body to Council and this matter will be heard before City Council

Action Agenda Item No. 6 Motion and Vote

Move Planning and Zoning Commission recommend approval of Use Permit PLH23-0020 Hunt
Highway Cell Tower for the installation of a wireless communication facility, subject to 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 the 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 2012 shall not require a new Use Permit application.

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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 pine trees on the subject site.

Note: Stipulation #5 was added due to discussions held during Planning and Zoning Commission
Hearing this date:

5. The Applicant shall work with City staff to provide more pine trees around the wireless
communication facility to provide additional screening of the facility.

COMMISSIONER VELASQUEZ moved to approve the Action Agenda of the September 20, 2023,
Planning and Zoning Commission Regular Meeting, with added Stipulation No. 5 on Item No. 6;
Seconded by COMMISSIONER LOPEZ.

Motion carried unanimously (7-0).

Member Comments/Announcements

KEVIN MAYO, PLANNING ADMINISTRATOR thanked the Commission for their time and valuable
feedback at the Work Session held before Study Session and the Regular Meeting. He stated
their insights were appreciated.

Calendar
The next regular meeting will be held on Wednesday, October 18, 2023, in the Chandler City
Council Chambers, 88 E. Chicago Street.

Adjourn

The meeting was adjourned at 6:38 p.m.

a fi —

Kevin Mayo, Secretary Rick Heumann, Chairman

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