August 21, 2024 Regular Meeting Minutes

Meeting Minutes
Planning and Zoning Commission
Regular Meeting

August 21, 2024 | 5:30 p.m. ln
Chandler City Council Chambers Groa., CHANDLER
88 E. Chicago Street, 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
Commissioner Michael Quinn Lauren Schumann, Principal Planner
Commissioner Rene Lopez Alisa Petterson, Senior Planner
Commissioner Charlotte Golla Mika Liburd, Associate Planner
Commissioner Ryan Schwarzer Darsy Omer, Associate Planner

Taylor Manemann, Associate Planner
Absent Thomas Allen, Assistant City Attorney
Vice Chair Sherri Koshiol - Excused Julie San Miguel, Clerk

Commissioner Kyle Barichello - Excused

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.

Consent Agenda and Discussion

1. June 5, 2024 Planning and Zoning Commission Meeting Minutes

Move Planning and Zoning Commission approve Planning and Zoning Commission meeting
minutes of the Study Session of June 5, 2024, and Regular Meeting of June 5, 2024.

2. July 23, 2024 Design Review Committee Regular Meeting Minutes
Move Planning and Zoning Commission approve Design Review Committee meeting minutes of
the Regular Meeting of July 23, 2024.

3. PLH22-0056 TIPSY EGG & THE UNCOMMON
Request for Entertainment Use Permit time extension to continue to allow live indoor and
outdoor entertainment, at 1 E Boston Street, generally located % mile south of the southeast
corner of Arizona Avenue and Chandler Boulevard.

Proposed Motion
Move Planning and Zoning Commission recommend approval of Entertainment Use Permit
PLH22-0056 Tipsy Egg & The Uncommon, to continue to allow for live indoor and outdoor
entertainment, subject to the conditions as recommended by Planning staff.
Recommended Conditions of Approval
1. Substantial expansion or modification beyond the approved exhibits (Floor Plan, Site Plan
and Narrative) shall void the Entertainment Use Permit and require new Entertainment
Use Permit application and approval.
2. The Entertainment Use Permit is non-transferable to any other location.
3. The site shall be maintained in a clean and orderly manner.

4. All roof mounted equipment shall be screened.

5. The hours of live entertainment shall be limited to the following days and times:

Sunday-Thursday [11:00 am to 11:00 pm
Friday and Saturday |9:00 am to 12:00 am

6. Entertainment uses shall be controlled so as to not unreasonably disturb area residents.

7. 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.

4. PLH23-0065 MAGNOLIA

Request for Preliminary Development Plan approval for single-family housing product to be
constructed in a new subdivision that is generally located % mile east of the northeast corner of
Cooper Road and Riggs Road.

Page 2 of 11

An Addendum Memorandum was presented to the Planning and Zoning Commission with a
revised stipulation per the Applicant's request.

CHAIRMAN HEUMANN announced he received one speaker card for PLH24 Magnolia. He asked
if the speaker could present their comments, then the Commission will decide if this item will
remain on the Consent Agenda or be moved to the Action Agenda.

MARY ANN EASTERDAY, 2194 E. GEMINI PLACE stated that she lives next to the development and
mentioned different contractors have been working on the development and that she has had
called for dust control several times. She noted that the contractors were becoming lax with
watering before construction leading to significant dust issues and presented a photo on her
phone. She pointed out that she only saw single story homes in the images and asked if the
interior would be one or two stories, as none of the pictures she saw showed two-story houses.

CHAIRMAN HEUMANN thanked the speaker for bringing up the dust control issues and
confirmed that the Applicant had stipulated all the homes would be single-story.

MARY ANN EASTERDAY, 2194 E. GEMINI PLACE thanked the Commission Members.

CHAIRMAN HEUMANN asked the Applicant to come forward and address the concerns of the
speaker.

BRENNAN RAY, APPLICANT acknowledged the concerns raised and explained that dust control is
regulated by Maricopa County and that the developers are required to have a dust control
permit displayed, which includes a number for the county in case of non-compliance. He
thanked the neighbor for bringing it to the Applicant's attention as they not heard of any issues.
He assured the Applicant would review the situation to ensure compliance with the county's
regulations.

CHAIRMAN HEUMANN encouraged the Applicant to ensure regulations are followed and
suggested someone from Shea Homes provide their phone number to the speaker for quick
resolution of any future concerns.

MARY ANN EASTERDAY, 2194 E. GEMINI PLACE confirmed that there is a sign with a contact
number.

THOMAS ALLEN, ASSISTANT CITY ATTORNEY pointed out there is an addendum memorandum
on the dais with a revised stipulation that needed to be read into the record.

CHAIRMAN HEUMANN read aloud the revised stipulation reflected under no. 5:

Page 3 of 11

The same elevation shall not be built side-by-side or directly across the street from one
another, with the exception of lots 55-65, where the elevations can occur directly across
the street.

Proposed Motion

Move Planning and Zoning Commission recommend approval of Preliminary Development Plan
PLH23-0065 for single-family housing product to be constructed in a new subdivision, subject to
the conditions as recommended by Planning staff.

Recommended Conditions of Approval

. Development shall be in substantial conformance with the Development Booklet, entitled

“PLH23-0065 Magnolia Development Booklet” and kept on file in the City of Chandler
Planning Division, in File No. PLH23-0065 Magnolia, 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.

. Compliance with original conditions adopted by the City Council as Ordinance No. 5006 in

case PLH21-0050 Magnolia, except as modified by condition herein.

3. All lots shall be single story, including any accessory dwelling units.

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

Note: Stipulation #5 was revised on the Addendum Memorandum presented to Planning and
Zoning Commission this date

5.

5. The same elevation shall not be built side-by-side or directly across the street from one

another, with the exception of lots 55-65, where the elevations can occur directly across
the street.

. 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.

PLH24-0006 PONDEROSA DISPENSARY

Request for Use Permit time extension to continue to allow for the colocation of an ancillary
Medical Marijuana Facility in conjunction with its affiliated onsite Medical Marijuana Cultivation
Site and Medical Marijuana Infusion Food Establishment located at 318 S. Bracken Lane.

Page 4 of 11

Proposed Motion

Move Planning and Zoning Commission recommend approval of Use Permit PLH24-0006
Ponderosa Dispensary, to continue to allow the co-location of an ancillary Medical Marijuana
Facility in conjunction with its affiliated onsite Medical Marijuana Cultivation Site and Medical
Marijuana Infusion Food Establishment, subject to the conditions as recommended by Planning

staff.

Recommended Conditions of Approval
1. Use Permit 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 Use Permit shall apply.

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

3. Drive through and/or take out windows are prohibited.

4. Consumption of Medical Marijuana on the premises is prohibited.

5. Hours of operation are limited to not earlier than 7:00 a.m. and not later than 10:00 p.m.

6. The ancillary medical marijuana facility shall not be larger than two thousand five hundred
(2,500) gross square feet or twenty-five percent (25%) of the gross building square-
footage, whichever is less.

7. The 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.

6. PLH24-0007 SAWTOOTH BAR AND GRILL

Request for Entertainment Use Permit time extension to continue to allow for live indoor
entertainment, speakers and tv screens, at 4929 W Ray Road, generally located at the southeast
corner Ray and Rural roads.

Proposed Motion
Move Planning and Zoning Commission recommend approval of Entertainment Use Permit

PLH24-0007 Sawtooth Bar and Grill, to continue to allow for live indoor entertainment, speakers
and tv screens, subject to the conditions as recommended by Planning staff.

Recommended Conditions of Approval
1. Substantial expansion or modification beyond the approved exhibits (Floor Plan, Site Plan
and Narrative) shall void the Entertainment Use Permit and require new Entertainment

Use Permit application and approval.
Page 5 of 11

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. The hours of live entertainment shall be limited to the following days and times:

Monday 8:00 pm _ to 12:00 am

f Entertai
iecieilaihlaemeleaaidieai Wednesday - Saturday: 9:00 am to 1:00 am

5. Entertainment uses shall be controlled so as to not unreasonably disturb area residents.

6. 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.

7. PLH24-0008 FUN FUSION LEARNING CENTER

Move Planning and Zoning Commission withdraw PLH24-0008 Fun Fusion Learning Center, Use
Permit to allow residential childcare for up to 10 children in an existing single-family home as
requested by the applicant. (APPLICANT REQUESTS WITHDRAWAL)

8. PLH24-0013 LEGENDS SHOWCASE BAR & GRILL

Request for Entertainment Use Permit approval to allow for indoor live entertainment, speakers
and tv screens at 2386 N Alma School Road, generally located north of the northwest corner of
Alma School and Warner roads.

Proposed Motion

Move Planning and Zoning Commission recommend approval of Entertainment Use Permit
PLH24-0013 Legends Showcase Bar & Grill, to allow for live indoor entertainment, speakers and
tv screens, subject to the conditions as recommended by Planning staff.

Recommended Conditions of Approval
1. Substantial expansion or modification beyond the approved exhibits (Floor Plan and
Narrative) shall void the Entertainment Use Permit and require new Entertainment Use
Permit application and approval.
2. The Entertainment Use Permit is non-transferable to any other location.

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

4. The hours of live entertainment shall be limited to the following days and times:

Page 6 of 11

5;

6.

9.

Hours of [Tuesday-Sunday: 11:00am - 9:00pm
Entertainment (Karaoke sessions from 5:30pm - 8:30 pm)

Entertainment uses shall be controlled so as to not unreasonably disturb area residents.

The establishment shall provide a contact phone number for a responsible person (i.e
restaurant 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 one (1) year from the date of City
Council approval. Continuation of the Entertainment Use Permit beyond the expiration
date shall require reapplication and approval by the City of Chandler.

PLH24-0014 CELONI HOSPITALITY, LLC DBA RECREO CANTINA

Request for Entertainment Use Permit time extension to continue to allow live indoor and
outdoor entertainment, at 28 S San Marcos Place, generally located % mile south of the
southwest corner of Arizona Avenue and Chandler Boulevard.

Recommended Conditions of Approval

1.

10.

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

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

The hours of live entertainment shall be limited to the following days and times:

Monday-Thursday {11:00 am to 10:00 pm
Friday and Saturdayj11:00 am to 12:00 am

Entertainment uses shall be controlled so as to not unreasonably disturb area residents.

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.

Notice of Cancellation of the September 4, 2024, Planning and Zoning Commission

Hearing
Move Planning and Zoning Commission cancel the September 4, 2024 Planning and Zoning

Commission Hearing.

Page 7 of 11

Consent Agenda Motion and Vote

COMMISSIONER LOPEZ moved to approve the Consent Agenda of the August 21, 2024, Regular
Planning and Zoning Commission Meeting with stipulations presented by staff, modified
stipulation no. 5 on Item no. 4, and noting that Item no. 7 is withdrawn; Seconded by
COMMISSIONER QUINN.

Motion carried unanimously (5-0).

Action Agenda Item No. 11 and Discussion

11. PLH24-0009 CHANDLER AND COOPER RETAIL/ SHOPS A

DASRY OMER, ASSOCIATE PLANNER presented details regarding the request for Preliminary
Development Plan approval for a new drive-through building located at the northwest corner of
Cooper Road and Chandler Boulevard.

CHAIRMAN HEUMANN acknowledged staff's concerns about pedestrian access from Cooper
Road and stated that he does not have an issue with the drive-thru, but he would like to focus on
ensuring safety. He mentioned that the Applicant and staff had worked together on a stipulation
to address this issue and asked that it be read into the record.

DASRY OMER, ASSOCIATE PLANNER read aloud the proposed stipulation:
The applicant shall work with staff to incorporate a raised speed table at the drive-
through exit and incorporate textured paving adjacent to all pedestrian crossings.

CHAIRMAN HEUMANN mentioned there were discussions about widening pedestrian pathways
and requested that this be added to the stipulation.

DASRY OMER, ASSOCIATE PLANNER agreed to make the addition.

BRENNAN RAY, APPLICANT agreed to the stipulation regarding the speed table and textured
paving. He emphasized that this is an infill site that has been zoned for a long time and although
next to Walmart has not developed. He explained that the Applicant has worked with staff on
the design of the building, architecture, and traffic mitigation to ensure that if recommended for
approval by the Commission that it will fit in within the area. He further explained that
pedestrian pathways would be enhanced with paving approximately wider than five feet,
although he does not know what the measurement would be. He reiterated that the design and
architecture of the building had been carefully planned and suggested that additional stipulation
reflect that enhanced paving or textured paving must be used, therefore the outcome is above
and beyond what has been shown in the plans as the Applicant is agreeable to that.

CHAIRMAN HEUMANN thanked the Applicant and sought clarification on the widening of the
pedestrian crossings.
Page 8 of 11

BRENNAN RAY, APPLICANT clarified that the width of the pedestrian crossing in question is
approximately eight to nine feet and not the five feet that is showing.

KEVIN MAYO, PLANNING ADMINISTRATOR confirmed that the pedestrian crossings would be
widened to around nine feet to ensure proper spacing.

CHAIRMAN HEUMANN asked if this could be added to the stipulation.
COMMISSIONER LOPEZ sought clarification on what the textured pavement would be.

BRENNAN RAY, APPLICANT stated the Applicant is not completely sure what the textured
payment will be and assured the Commission that the Applicant will be working closely with staff
on this.

KEVIN MAYO, PLANNING ADMINISTRATOR stated the center as a whole has textured paving at
different pedestrian crossings. He mentioned that he was the original Planner for this site over
twenty years ago and believed the textured paving was accomplished with pavers. He stated
there are details approved in the original development for the type of paver that was used and
staff would want it to be matched to something that closely resembles it. He further stated the
intent is it matches and provides a physical audible awareness that your crossing something
other than just a drive aisle.

CHAIRMAN HEUMANN asked staff to read aloud the amended stipulation.

DASRY OMER, ASSOCIATE PLANNER read aloud stipulation no. 8:
The applicant shall work with staff to incorporate a raised speed table at the drive-
through exit and incorporate 9-foot-wide textured paving adjacent to all pedestrian
crossings.

Action Agenda Item No. 11 Motion and Vote

Alternative Motion

Move Planning and Zoning Commission recommend approval of Preliminary Development Plan,
PLH24-0009 Chandler and Cooper Retail - Shops A for a new drive-through building, subject to
the conditions as recommended by Planning staff.

Recommended Conditions of Approval
1. Development shall be in substantial conformance with the Development Booklet, entitled
“PLH24-0009 Development Booklet" and kept on file in the City of Chandler Planning
Division, in File No. PLH24-0009 Chandler and Cooper Retail - Shops A, modified by such

Page 9 of 11

Note:

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.

Two canopies shall be provided over the drive-through lane between the existing Walmart
and the proposed building as shown in the site plan and shall match the architectural
theme of the center.

Decorative paving and pedestrian crossing signs shall be provided at each of the two
drive-through and sidewalk intersections.

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

All signage shall be reviewed under a separate permit and comply with the City of
Chandler's Sign Code.

Completion of the construction of all required off-site street improvements including but
not limited to paving, landscaping, curb, gutter and sidewalks, deceleration lanes, 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.

Stipulation no. 8 was added as a result of discussions held at the Planning and Zoning

Commission Hearing this date:

8.

The Applicant shall work with staff to incorporate a raised speed table at the drive-
through exit and incorporate 9-foot wide textured paving adjacent to all pedestrian
crossings.

COMMISSIONER LOPEZ moved to approve Action Agenda Item no. 11 of the August 21, 2024,
Regular Planning and Zoning Commission Meeting with stipulations presented by staff, including
added stipulation no. 8; Seconded by COMMISSIONER GOLLA.

Motion carried unanimously (5-0).

Page 10 of 11

Member Comments/Announcements

LAUREN SCHUMANN, PRINCIPAL PLANNER stated with the end of August approaching, staff is
considering canceling one of the two Planning and Zoning Commission meetings every month as
Council meets only one week for each of the remaining months for the year. She advised the
Commission to be on the lookout for an email listing the dates we plan on anticipating having
for the last four months of the year.

KEVIN MAYO, PLANNING ADMINISTRATOR stated that staff will start taking a different approach
to Planning and Zoning Commission as he will now be off the dais and in the audience or absent.
He emphasized the importance of training the next generation of planners and explained the
purpose is to train and transition his duties to David, Lauren, and other staff members. He
thanked the Commission and stated that they will see him fading off Planning and Zoning
Meetings and focusing more on City Council.

CHAIRMAN HEUMANN wished everyone a safe and happy Labor Day. He thanked the Planning
Administrator and assured the Commission would be kind to staff as they transitioned into new

responsibilities.

Calendar
The next regular meeting will be held on Wednesday, September 18, 2024, in the Chandler City
Council Chambers, 88 E. Chicago Street, Chandler, Arizona.

Adjourn
The meeting was adjourned at 5:50 p.m.

Kevin Mayo, Secretary Rick Heumann, Chairman

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