ANYWAY, I'LL CALL THE DECEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING TO ORDER A FEW MINUTES LATE [1. Call to Order NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Commission and to the general public that, at this regular meeting, the Commission may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).] [2. Roll Call NOTE: One or more Commission Members may be in attendance telephonically or by other technological means. MARIE JONES, CHAIR CAROLE MANDINO, VICE CHAIR DR. RICARDO GUTHRIE BOB HARRIS, III MARY NORTON DR. ALEX MARTINEZ LLOYD PAUL ] [00:00:09] 4:05 AND READY FOR THE ROLL CALL. IT LOOKS LIKE ALEX HASN'T MADE IT SO BUT WE DO HAVE A QUORUM. OKAY, SO AT THIS TIME, ANY MEMBER OF THE PUBLIC MAY ADDRESS THE COMMISSION ON ANY SUBJECT WITHIN THE JURISDICTION THAT IS NOT SCHEDULED BEFORE THE COMMISSION TODAY. DUE TO OPEN MEETING LAWS, THE COMMISSION CANNOT DISCUSS OR ACT ON ITEMS PRESENTED DURING THIS PORTION OF THE AGENDA. IS THERE ANYBODY WHO WOULD LIKE TO MAKE A PUBLIC COMMENT AT THIS TIME? I DON'T SEE ANY HANDS. SO WE'LL MOVE ON TO THE PUBLIC HEARING, TO THE ITEM. THE FIRST ITEM A, THE PLAZA WAY CONDOS. YOU WILL NEED TO DO THE APPROVAL OF THE MINUTES. [4. APPROVAL OF MINUTES Approval of the minutes from the meeting on Wednesday, November 9, 2022] OH, GOSH, I SKIPPED RIGHT OVER THAT. SORRY I WAS RUSHING. YES, WE'RE READY TO APPROVE THE MINUTES FROM THE LAST MEETING. IF ANYBODY WOULD LIKE TO MAKE A MOTION OR HAS ANY COMMENTS TO MAKE ON THE MINUTES. THIS IS MARIE. I'M SORRY, COMMISSIONER. I HAD SUGGESTED AN AMENDMENT. I MADE A COMMENT THAT THE NORTHERN ARIZONA HEALTH CARE HAD SAID THAT THEY HAD ADDRESSED SOCIAL DETERMINANTS OF HEALTH, AND I ASKED THEM TO CONSIDER STRUCTURAL RACISM AS ONE OF THE SOCIAL DETERMINANTS OF HEALTH THAT THEY SHOULD CONSIDER, AND THAT THEY PARTNER WITH HISTORICALLY BLACK COLLEGES TO BRING APPROPRIATE PERSONNEL TO DEAL WITH THE MEDICAL COMMUNITY AND THE PATIENTS. SO I'D LIKE TO ADD SOME PORTION OF THAT AMENDED COMMENTS TO THE CONCERNS THAT WERE RAISED. OKAY. THANK YOU. ALL RIGHT. SO ARE THERE ANY OTHER ANYTHING ELSE ANYONE WOULD LIKE TO ADD OR NOTE IN THE MINUTES? AND IF NOT, MAYBE WE HAVE A MOTION SOMEONE. I'LL GO AHEAD AND MOVE TO APPROVE THE MINUTES WITH THAT CHANGE THAT RICARDO MENTIONED. SECOND. I'LL SECOND THAT MOTION. THANK YOU. MANDINO. ANY FURTHER COMMENTS OR DISCUSSION. ALL OF THOSE IN FAVOR, PLEASE SAY AYE. AYE. ALL THOSE OPPOSED. AND THAT MOTION PASSES. AND NOW WE'RE READY FOR THE PUBLIC HEARING ON THE CONDITIONAL USE PERMIT FOR POSITIVE CONDUCT. [A. Request for Extension of PZ-20-00100-03: Conditional Use Permit for Plaza Way Condos At the December 8, 2021 meeting, the Commission approved a Conditional Use Permit request from Miramonte Acquisitions, LLC to establish a Planned Residential Development (PRD) on a portion of lot 10 within the Woodlands Village Unit 1 subdivision. The PRD consists of 40 multi-family residential units on 1.71 acres located at 1580 S Plaza Way within the Highway Commercial (HC) zone. The applicant is requesting an extension of 180 days maximum. STAFF RECOMMENDED ACTION: Staff recommends that the request for the CUP extension be granted by the Planning and Zoning Commission with the original requirements included in Conditional Use Permit No. PZ-20-00100-03 and as follows: 1. The development of the site shall substantially conform to the plans as presented with the Conditional Use Permit application and with the Site Plan as approved by the Inter-Division Staff on May 10, 2021. Modifications to the approved site plan shall require additional review by the IDS team. 2. A fence be provided along the western property line that avoids required tree resources and slope areas. A detailed plan for this fence shall be provided in conjunction with civil plans for the project. 3. The applicant shall participate in the bulk pass program with Mountain Line to provide bus passes to residents of the project for a term of five years following the certificate of occupancy of the project. Executive Summary: The Zoning Code states that a conditional use permit will become null and void one year after the effective date unless one of the following has occurred: a. A grading permit or building permit has been issued and construction commenced and diligently pursued; b. The approved use has been established; or c. An extension has been granted by the Planning Commission. Such extension shall be for a maximum of 180 days, and no extension may be granted which would extend the validity of the permit more than 18 months beyond the effective date of the permit. The Planning Commission may, when granting an extension for a conditional use permit, modify the original conditions or add conditions to the original conditional use permit, if deemed appropriate; or d. The Planning Commission has established a different expiration date for the conditional use permit, such as tying it to the expiration date of a Zoning Map amendment for the same property.] OK, I AM SHARING MY SCREEN AND HERE WE GO. THIS ITEM IS IN REGARD TO PLAZA WAY APARTMENTS, A PLANNED RESIDENTIAL DEVELOPMENT WHICH HAS AN APPROVED CONDITIONAL USE PERMIT AND IS REQUESTING AN EXTENSION. THE BACKGROUND IS AT THE DECEMBER 8TH, 2021 MEETING. THE PLANNING AND ZONING COMMISSION APPROVED A CONDITIONAL USE PERMIT REQUEST FROM MIRAMONTE TO ESTABLISH A PLANNED RESIDENTIAL DEVELOPMENT ON A PORTION OF LOT TEN WITHIN THE WOODLANDS VILLAGE UNIT ONE SUBDIVISION. THAT PLANNED RESIDENTIAL DEVELOPMENT CONSISTS OF 40 MULTIFAMILY UNITS ON 1.71 ACRES, LOCATED AT 1580 SOUTH PLAZA WAY AND IS ZONED HIGHWAY COMMERCIAL. THE APPLICANT IS REQUESTING AN EXTENSION OF THAT CONDITIONAL USE PERMIT OF THEIR ALLOWED UP TO 180 DAYS FOR THAT EXTENSION. I'VE INCLUDED THE CODE PROVISION THAT TALKS ABOUT CONDITIONAL USE PERMIT BECOMES NULL AND VOID AFTER ONE YEAR [00:05:05] UNLESS ONE OF THE FOLLOWING HAS OCCURRED. AND THE FIRST ONE IS A GRADING PERMIT OR BUILDING PERMIT HAS BEEN ISSUED AND CONSTRUCTION COMMENCED AND DILIGENTLY PURSUED. THE APPLICANT IS HAS SUBMITTED FOR PERMITS. THERE GRADING PERMIT IS UNDER REVIEW AT THIS. AT THIS TIME. I BELIEVE THAT THEY'RE VERY CLOSE TO GETTING THAT APPROVAL BUT ARE ASKING FOR A LITTLE MORE TIME. A STAFF'S RECOMMENDED ACTION IS THAT THE REQUEST FOR THE EXTENSION BE GRANTED WITH THE ORIGINAL REQUIREMENTS THAT WERE INCLUDED IN THAT APPROVED CONDITIONAL USE PERMIT, WHICH I'VE LISTED HERE. I CAN ANSWER ANY QUESTIONS AND THE APPLICANT IS HERE IF YOU HAVE ANY QUESTIONS FOR THEM. AND THAT'S ALL I HAVE. COMMISSIONER NORTON. GOOD AFTERNOON. I JUST HAD A COUPLE OF QUESTIONS. MOSTLY SINCE I WASN'T ON THE COMMISSION AT THE TIME THAT THIS WAS APPROVED LAST YEAR. SO AND MORE OF A POINT OF INFORMATION, I GUESS, FOR MYSELF. YOU KNOW, I JUST WAS CURIOUS AS TO YOU KNOW WHAT HAS HAPPENED IN THE LAST YEAR. YOU KNOW, MAYBE THEY COULD EXPLAIN SORT OF THE HOLDUP, JUST THE PROCESS OF WHAT HAPPENS WHEN A YEAR GOES BY AND IT NEEDS AN EXTENSION AND WAS WONDERING IF THERE'S BEEN ANY CHANGES IN THAT TIME, ANY INCREASED ENERGY EFFICIENCY OF THE BUILDING, THINGS LIKE THAT. HAS THERE BEEN ANY WORK DONE ON THE CONDITION WITH REGARDING THE PROPERTY LINE FENCE? I SAW THAT THAT WASN'T DUE TO BE ADDRESSED UNTIL THE CIVIL PLAN REVIEW, BUT JUST WONDERING IF THERE WAS ANY THOUGHT AND PLANNING GIVEN TO WHAT THE FENCE WOULD LOOK LIKE AND HOW IT WOULD BE LOCATED THROUGH THOSE PROTECTED NATURAL RESOURCES. THANKS. COMMISSIONER, THIS IS CHARITY LEE WITH MIRAMONTE HOMES. I'M HAPPY TO. JUST YOUR QUESTION. SO A YEAR GOES BY REALLY FAST, AMAZINGLY, WHEN YOU'RE WORKING ON PROJECTS. ONE OF THE REASONS WHY WE'RE ASKING FOR THE DELAY IS WE HAD BEEN WORKING ON THE ARCHITECTURAL PLANS AND WANTED TO REFINE THOSE. AS FAR AS ADDING ADDITIONAL ENERGY EFFICIENT ELEMENTS. WE ARE PROPOSING TO BUILD A PROJECT AS IT WAS APPROVED WITH THE SITE PLAN, SO WE'RE NOT ADDING OR TAKING AWAY ANY ANY FEATURES THAT WERE APPROVED WITH THE PREVIOUS SITE PLAN RELATED TO THE PROPERTY LINE FENCING ON THE WEST SIDE. I'M STILL WORKING WITH OUR PURCHASING MANAGER TO IDENTIFY EXACTLY WHAT MATERIALS WE'RE GOING TO BE USING ON THAT FENCE. IT COULD BE POTENTIALLY CHAIN LINK CHAIN LINK FENCE OR WOODEN FENCE, BUT THAT WILL BE SUBMITTED WITH OUR NEXT SUBMITTAL FOR OUR CIVIL PLANS. I RECEIVED MY FIRST ROUND OF COMMENTS BACK ON THE 29TH OF NOVEMBER RELATED TO OUR CIVIL PLANS. SO RIGHT NOW WE'RE COORDINATING AND WE'RE ADDRESSING THOSE COMMENTS. AND THEN OUR PLAN IS TO RESUBMIT THOSE EITHER BEFORE THE NEW YEAR OR RIGHT AFTER THE FIRST OF THE NEW YEAR AND THEN LIKELY RECEIVE FULL APPROVALS IN JANUARY OR THE 1ST OF FEBRUARY. AND OUR PLAN WOULD BE TO START CONSTRUCTION SHORTLY THEREAFTER IN FEBRUARY OR MARCH. OKAY, GREAT. THANK YOU FOR EXPLAINING AND ANSWERING MY QUESTIONS. I APPRECIATE IT. YOU'RE WELCOME. OKAY. ARE THERE ANY OTHER QUESTIONS OR COMMENTS FROM COMMISSIONERS? IF NOT, YOU CAN HAVE A MOTION. FOR THIS. AND I WILL MOVE THAT THE CONDITIONAL USE PERMIT REQUEST BE EXTENDED. HAVING MET THE ACCORDING TO THE CONDITION THE STORY, I'M TRYING TO SAY THE FINDINGS THERE ARE NO FINDINGS PARTICULARLY, BUT THAT IT BE FOR FOR CASE PZ 200010003. [00:10:04] DO YOU WANT THAT WITH THE CONDITIONS? YEAH. THAT'S WHAT I WAS JUST LOOKING FOR HERE. YES, FOR THE CONDITIONS LISTED THAT STAFF RECOMMENDS. I WILL SECOND THAT MOTION. THIS IS COMMISSIONER MANDINO. OK DO WE HAVE ANY DISCUSSION ON THIS? SEEING NONE. I'LL CALL FOR A VOTE. ALL THOSE IN FAVOR OF THE MOTION, PLEASE SAY AYE. AYE. ALL THOSE OPPOSED. AND THAT MOTION PASSES. THANK YOU SO MUCH. OH, YOU'RE WELCOME. AND THANK YOU. LET'S SEE, THAT'S OUR ONLY PUBLIC HEARING ITEM. SO IS THERE ANYTHING ELSE TO OR FROM COMMISSION MEMBERS? [6. MISCELLANEOUS ITEMS TO/FROM COMMISSION MEMBERS] I'M KIND OF WONDERING IF WE KNOW ANYTHING ABOUT OUR SCHEDULE COMING UP OR WE'RE HITTING THE TWO. WHAT? WE HAVE A MEETING. LET'S SEE. THERE WOULD BE A MEETING NORMALLY AFTER CHRISTMAS. DURING THAT WEEK, DO YOU ANTICIPATE THAT WE WOULD HAVE THAT OR WHAT DO YOU THINK THE PROGNOSIS IS FOR THE NEXT COUPLE WEEKS? I WOULD SAY OUR NEXT SCHEDULED MEETING IS DECEMBER 28TH. AT THIS TIME, I HAVE NOTHING ON THE AGENDA FOR THAT MEETING. SO I'LL TALK WITH TAMMY AND WE'LL PROBABLY SEND OUT A NOTIFICATION OF CANCELLATION SO THAT MEETING WILL NOT OCCUR. ALL RIGHT. MARY YEAH. ALEX SO, I MEAN, IS IT FOR SURE THAT IT'S CANCELED? I MEAN, DO YOU WANT TO KNOW WHAT OUR AVAILABILITY IS? I KNOW THAT I PROBABLY WOULD NOT BE AVAILABLE FOR A MEETING ON THE 28TH IF SOMETHING SHOULD COME UP. OR CAN WE JUST ASSUME. RIGHT. I THINK WE'RE IN NOW. WE'RE SAYING HERE AND NOW THAT MEETING IS CANCELED. OKAY, GREAT. AND MY ONLY OTHER COMMENT I HAD AND I HAD OPEN SPACES MEETING LAST WEEK AS THE LIAISON FROM PLANNING AND ZONING. AND THE THE BIG TASK OF THE YEAR END WAS TO WORK ON THEIR STRATEGIC PLAN, WHICH WAS A REALLY INTERESTING EXERCISE FOR ME BEING NEW TO THAT COMMISSION. AND ONE OF THE POINTS THAT WAS ON THEIR PLAN FOR LAST YEAR AND IT CARRIES OVER WITH ONE OF THE HIGHEST PRIORITIES FOR THIS YEAR IS TO JUST BE MORE INVOLVED AND HAVE A BETTER VOICE IN THE PROCESS AS DEVELOPMENTS COME ALONG WHEN THERE IS A NEED FOR OPEN SPACE, WHETHER THAT BE AVAILABLE FOR PURCHASE OR DEDICATION OR CONTRIBUTION. I ALSO LEARNED THAT PROS IS DEVELOPING A MASTER PLAN THAT I UNDERSTAND THAT'S GOING TO TAKE 1 TO 2 YEARS TO DO THAT, BUT IT JUST KIND OF GIVES SOME SET PRIORITIES TO THE NEEDS OF PARKS AND REC AND OPEN SPACES. AND I KNOW THE OPEN SPACES COMMISSION AND THE COMMISSION MEMBERS ARE MORE INTERESTED IN KNOWING AND LEARNING ABOUT THE DEVELOPMENT PROCESS AND HOW THINGS GO THROUGH COMMUNITY DEVELOPMENT AND AT WHAT POINT WHERE OPEN SPACE MAY HAVE A BIT OF A VOICE IN THE PROCESS. AND SO I DON'T KNOW IF IT'S ALEX, I WOULD NEED TO MAYBE GET WITH YOU OR TIFFANY OR DAN, BUT I'LL BE LOOKING FOR SOME GUIDANCE ON HOW WE CAN BECOME MORE INFORMED OR HOW THAT COMMISSION CAN BECOME MORE INFORMED TO BE A PARTICIPANT IN WHAT THEY ARE IDENTIFYING IS SOME GOALS AND NEEDS. SO I JUST WANTED TO KIND OF PUT THAT OUT THERE AND MAYBE I COULD MEET WITH YOU OR WE CAN EMAIL OR WHAT NEXT STEPS WOULD BE INVOLVED IN THAT SORT OF THING. SO THAT WAS ALL. GREAT. SOUNDS GOOD. THANK YOU, MARY. COMMISSIONER NORTON. SORRY, I SHOULD BE MORE FORMAL. THAT'S OKAY. AS FAR AS STAFF, WE WILL HAVE TWO OPENINGS ON THE COMMISSION. WE ARE LOOKING AT GOING BEFORE CITY COUNCIL ON JANUARY 3RD TO HOPEFULLY HAVE THOSE OPENINGS FILLED. ONE IS COMMISSIONER ALEX MARTINEZ'S SPOT. HE CURRENTLY ALSO SERVES ON THE BOARD OF ADJUSTMENTS. [00:15:04] SO WITH HIM LEAVING THE THE PLANNING AND ZONING COMMISSION WILL BE LOOKING. ONCE WE HAVE THE NEW COMMISSIONERS ON BOARD, I'LL BE LOOKING FOR A VOLUNTEER TO SERVE ON THAT BOARD. SO START, START PICTURING YOURSELF AS A MEMBER OF THAT BOARD AND HOW REWARDING THAT WILL BE. AND THEN WE CAN TALK ABOUT IT HOPEFULLY IN JANUARY. AND THAT'S ALL I HAVE FOR STAFF. ALEX ISN'T MY TERM UP THE END OF THIS YEAR. I BELIEVE YOU HAVE MORE TIME, BUT I CAN. I'LL CHECK AGAIN WITH THE CLERK. OKAY. THANKS. ALL RIGHT. IF THERE'S NOT ANYTHING ELSE, THEN WE CAN ADJOURN. GREAT. THANK YOU. THANK YOU ALL. THANK YOU, EVERYONE. GOODNIGHT. GOODNIGHT. GOODNIGHT. * This transcript was compiled from uncorrected Closed Captioning.