Downtown Overlay District Rezone Advances Despite Residential Objections; Dairy Queen Parking Reduction Approved; Plat 106 Mixed-Use Project Denied for Incomplete Control

Okay. I'd like to call to order the November 10th regular meeting of the planning and zoning commission. Can all rise and say the pledge of allegiance. I aliance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all thank you Paul you can please take the role chairman Kovase here vice chair Corey here. Commissioner Steven present. Commissioner Schllober here. Commissioner Gray present.

Commissioner Corrian here. Commissioner Proctor is not here. Okay. We the statement of participation. Anyone wishing to address the commission regarding items listed on the agenda or under call to the public should fill out a request to comment card located in the back of the council chambers and hand it to the clerk prior to consideration of that agenda item. Once the agenda item is started, late requests to speak cannot be ex accepted.

When your name is called, please approach the podium, speak into the microphone, and state your name if you're a resident for the public record. Please limit your comments to three minutes. It's the policy of the commission not to comment on items brought forth under co call call to the public. However, staff can be directed to report back to the commission at a later date or to schedule items raised for a future commission agenda.

It is also requested that applause be kept to a minimum to avoid disruption of the meeting to maintain decorum and to provide for an equal and uninterrupted presentation. And do we have any speaker cards for a call to the public? No chair. Okay. The um I'm looking for a motion to approve the meeting minutes of October 13th. So moved. Second. Okay. All in favor? I. 6.

Uh the regular agenda, public hearing with consideration and possible action relating to a request for approval of a special use permit for property at 13212 North Saguaro Saharro Boulevard, the southwest corner of Sawarro and Palisades Boulevards to reduce the required numbers of parking spaces by up to nine spaces. Director Wesley, chair, commissioners, good to see you all here this evening. I'll run through a quick presentation. and the applicant is here to answer questions too.

I believe uh then we can go from there. So, uh, just a little background, we are dealing with a lot here in Plat 208, particularly the corner lot at Sarro and Palisades in the the zoning district overlay that's there. Any of the lots of 10,800 ft or greater are required to provide their own parking, but there is a provision that allows for a reduction of that required parking by up to 50% through approval of a special use permit.

And as stated there, asked for removal of some of the spaces along the south side of the building. That's up to nine spaces along that south side in order to put in a drive-through lane. It's a three uh tenant building. Uh currently, it has 41 spaces and 41 spaces are required. So therefore, uh removing any of those does require uh this consideration. There are existing drive-through lanes on the east and west sides of the building.

So, proposal uh that you have before you does show the spaces here along the south side of the building that would be removed and then reconfigured with an extended drive-through lane. As you can see in the in the larger area, that drive-through lane goes up to the existing window. uh they're wanting more stacking capability and to put in a new order box uh to the south of the building in this location in order to help with that drive-thru uh access.

The zoning ordinance sets forth the criteria for the commission to consider in uh reviewing and and making a recommendation on a special use permit. The first one of those is uh consider whether or not approval would be detrimental to the public health, safety, peace, welfare, and comfort of the neighborhood. And so again, in this case, the code requires 41 spaces and 41 are provided with the existing uses that are in the building. The parking lot generally has space available.

I don't think I've ever seen it uh anywhere near full. And so the change shouldn't impact it too much. Dairy Queen projects a need for about 16 spaces uh in the parking lot. So again, uh that appears there would be plenty.

As we look at the larger area, I did a a calculation using the eastern end of the plat 208 area and counted the number of existing parking spaces available, the number the square footage of the build buildings available and the vacant ones and project what they might be with normal development. And with that counted 216 existing spaces and buildout of these properties again excluding the two larger lots would need around 142 spaces.

So again there appear to be extra spaces within the area to take the loss of spacesh in this particular uh parking lot. Second question is will approval be detrimental to the current uh commercial improvements within this area. So uh stacking of seven vehicles behind the the drive uh up window. Uh that's one of the considerations and concerns maybe here. We'll talk about this a little bit more when we get back to uh the site plan itself.

But is that really sufficient to uh keep the traffic moving and not block some of the the traffic movements in that that area? The applicant has stated they can come out and monitor that. They'll have some signage and put out some cones and so forth to help direct that traffic. And then concern with any overflow parking that may happen. Uh and where would that that take place if if the center does get full? will it impact any of the adjacent properties?

So, looking at at that again in this slide, you can see that when you stack those those cars, if you get another car uh that's that's in this location, you start to block the parking spaces. You're blocking the drive aisle as it comes in. It can create a challenge for access into these parking spaces along the south side uh of the driveway.

And the concern uh expressed by the uh the property owner to the south that's working on opening a restaurant in that location is if there is overflow parking needed, these are the most likely spaces for them to use and those would or could impact her business. And so the desire is to see that any overflow parking would go further to the west.

And looking at uh the drawings that were submitted a little closer today, I did note that when I measure the distance on the drive aisle here, it measures here at 22 feet. But when I actually measured on the aerial, it's 30 ft. So there is a little bit more room in here than the way it looks on this particular drawing for that traffic to circulate, but that uh it still could create a bottleneck in this location.

So, looking again at the whole uh access into uh this lot and to access the drive up window. And I think people will probably learn that this route coming off of Palisades will be one of the easy ones to get them lined up. Someone coming in here is going to have a little bit of a challenge. This is a drive up window for this business. So, if somebody's there accessing that, then they would be held up. This is uh kind of narrow and would create a little bit of a problem.

Some folks coming off of Swarro could again try to do this hopefully and I believe they're going to try to sign it. So that would encourage them to do this maneuver to uh get into that drive up lane if it's full. But one other thing to note is there has been a Dairy Queen in this location previously. The drive up window is there. The drive up lane was there. Their alternative could have been to just put the Dairy Queen in.

and just use the existing uh bay as it was there and have room for four cars and create many of those same problems even closer to the driveway here so this is an improvement to extend uh this drive up lane to provide greater access into the building.

The third uh uh comment brought up or or question in the code is will this be injurious to the general welfare of the town and t staff was not able to identify anything we thought was generally a problem uh to the town with consideration approval of this request. So there was a a issue raised in the staff report. Uh Fountain Hill Sanitary District has a concern because there's an existing grease interceptor in the uh what will become the drive-up lane. Right.

Currently, it's a landscape island and they were concerned about being able to access that uh when needed if it's it would interfere with the the drive up lane access. Uh since the report went out, the applicant has agreed to provide a new location for that. And here kind of right between where all the different access movements might take place. So they could block that off and not really interfere with traffic flow.

So the the site plan we modified to show that so with that uh staff does recommend approval uh of this request with a couple of conditions. One is requiring that any employees of the businesses not park in those parking spaces immediately south uh as shown uh in that previous slide be a little bit of a challenge to enforce but uh it's something we we could uh do if it was included and then also that would include the revised site plan moving the grease interceptor.

You may recall uh at your last meeting there was discussion about some changes in design guidelines. One of the items included in that uh that ordinance change and discussed a little bit here by the commission because there is a statement in uh section 1903 of the zoning ordinance about stacking. It includes a number of 11 parking spaces. Um we have as we were taking that forward to the town council looked at what was brought up here at the PNZ commission about that number.

Uh Farhad did some extra study about what other communities have in their codes and as we're taking that to the council we're recommending they change that number from 11 down to six for this type of facility. So this uh would meet that requirement. Um, also in reviewing this, uh, maybe didn't state it clearly in the in the staff report, but as design guidelines currently, while they do have some some shallow statements in there, they are guidelines currently.

So, they're not as clear how applicable the number 11 is in the code um, today, but again, we are proposing that be changed. Any questions that you have for me at this time? Commissioner Gray. Thank you, Chair. Um, John, it just we're not traffic engineers obviously, but it seems like it seems like this could be one of those, you know, kind of good ideas short term that has um adjacent stakeholder impacts down the road that are kind of unforeseen.

Did Did we look at just reversing the flow of that uh of that drive-thru lane? So you you you know you would feed it off of the the front elevation there and then just allow those cars to eress off the swarro curb cut. You'd have that that ride only out. The reason I suggest that is you've now self-contained you know any queuing um you know on the um on the east end of the building where this where this tenants occupied.

you've kind of ensured that there's not a obstruction uh to the dry cleaners uh drive up drop off uh workflow they've got there. And I think that those nine spaces um to the uh I guess it would be south of the building behind the building, I think if you take those out as service spaces, as delivery spaces, you know, as as everything back of house, I think that there's going to be some unintended consequence of that.

So, I'd be in favor of, you know, of this whole general concept, but probably with the caveat that that that drive-through workflow would be reversed and fed front to back. So, Chair, Commissioner Gray, no, that's not anything that we have considered. I understand what you're addressing. I think that'd be something to talk to the applicant about to see how possible that would be from their their end.

Commissioner Corgan, just one one question and then one comment to maybe help the idea of reverse flow. I actually drove through it and you know it works. Do you know John when it was a Dairy Queen before what was the traffic concern? Did it ever get out of I mean I know that might have been a long time ago. Population has changed. We're now 23 what 439 something like that. Um and maybe we were what half that number at the time or so I know the traffic has probably you know changed over time.

Uh but was it a problem in the past off of Sarro? Chair Commissioner Corgan I have no information on if there are any issues with that before and then the other thing is I concur with Peter. However, uh I did try try to drive it in reverse and and and the challenge there is your ordering side makes the passenger the person is going to order if you reverse the flow.

And and secondly, there's a if you notice on here, there's a real tight curve from that outcropping uh of the curbing next parallel to the parking. So, it is tough to try to make that turn and then it just doesn't work, you know, u logistically. But I am I I'm agree with U. Chairman uh sorry, Commissioner Gray that this might be a concern having to rely on the pylons uh cones as some sort of crowd control or spacing or whatever you might call it. And um so that is a potential concern.

If it worked before, it'll work again. But I'm just those are some concerns I have too. Yeah. Just a couple questions. The the agenda packet refers to a letter from the HOA and I that's plat 208. Yes. And what what's the letter say? Is it not included in there? They they were in favor. They had no issues with uh allocation of the parking. They can't assign specific spaces to go to this facility, but they have no no problem okay with it. Uh all right.

And um if something happened that Dairy Queen didn't open and we approve the reduction, does the parking requirement go back to code? So yes, chair, it runs uh if nothing happens within the time frames allocated here in the code, then the it would expire. Okay. Um that that's all for now. Uh my name is Jack Leonard, Leonard Architects in Phoenix. Um we were the architects working with Dairy Queen on this.

Um we had actually looked at trying to be able to bring it from the other side, but like you said is the the side the passenger side first is the driver's side. It sort of dictates the way the traffic has to flow. Um, previously it was a Dairy Queen in about and it had stacking for about three cars from the the ordering window to where you picked up the food and then maybe one car behind that. Uh, it was very short. It seemed to work for them perfectly fine.

Um what we're looking at doing is um you know and and you also had mentioned that that curve radius is pretty tight getting around the corner since that original plan uh we sent John a revised plan where I think we originally had like a 9 foot radius for that turn. We increased that to a 14 foot minimum radius on the inside for that turn to make it a little bit wider. And we sort of flared it out.

And um uh so we're we're going to end up with almost um half again as many cars being able to stack now on the property. the owner has um agreed that they would monitor this thing and that if there is any traffic building up, they will get out there and put out cones and monitor it to make sure that that doesn't happen. And um they can also take, you know, one of the things too is the the entry to the suite is to the north side from this.

So anyone that's going into Dairy Queen will be coming in from the north. It's just the people on that are using the drive up will be on the south side of the building. Um the owner also can take and have their uh employees park in the shared lot to the um slightly to the west of this property so that they're not taking up any of the spaces as well. So um we think we're we're in a good position to address all these things. We had two public meetings.

Um, we met with the HOA uh 208, met with their concerns. We uh met with the owner of the um octagon building and her concerns about the traffic maybe blocking or people taking theirs and uh she felt very comfortable that we had plans in place to uh address that. And then the only other issue that came up was the um grease interceptor and we're going to relocate that. So it's not in their path.

So hopefully we've addressed all the city and the neighbor town and neighbor concerns for this property. So if you have any other questions for me, I could address those or the owner as well. Commissioner Se, are is this uh Dairy Queen able to take mobile orders so that perhaps there could be mobile order pickup in the front rather than going through the drive-thru? Yes, there will be a spot for mobile auto pickup in the front.

Well, that might reduce the number of people going through the drive-thru. In fact, we are pushing more for mobile. Yeah. Because with all the with all the hassles that we face with labor, mobile ordering makes our life much easier. Yeah. Oh, I'm sorry. My name is Ahmed Ba and I'm from Phoenix. Uh, hi. Nice to meet you. Um, what store format is this going to be? This going to be a drill grill and chill. It will be a grill and chill. Okay. Um, how many tables? How many seats?

Uh, it will have 28 seats and the patio excluding the patio. Excl. Okay. Um, I may be wrong on the number, but I Is there going to be signage out on Palisades directing where traffic will will recognize it and and make the turn in? Where is that signage going to be? It will be again on Palisades. It will not be there where not that entry where it is. Can I let Okay. Okay. It won't be over here. Uh sorry, that's a square side. It won't be over here. Okay. It would be over here. Okay.

So, so they'll be making the turn into the main into a entrance and come back because of the fact that if they start coming in here for the drive-thru, there is no way to get into the drive-thru because this lane is being used by the um right by the dry cleaner. So, it'll be it will be well designated. Yes. That that's the turn for Dairy Queen. And over here also on Siguaro uh we will not put it here because then if we put it here of course they will try to come around here and take a U-turn.

So it will be further down here. Okay great. Uh that's that's all I have. Uh, can you show us show where the patio is on the Oh, sure. It's right here. It's a very small patio right here. It's already built. It's existing. Okay. Yeah. Okay. Thank you very much. Thank you. Thank you for Oh, Commissioner Corgan, I'm sorry. One, we might have another question. So, is that the when I drove by and drove through, is that the one table with the four chairs? Is that okay? Yes. All right. Thank you.

Thank you, chair. Okay. Thank you. Okay. Commissioners, any thoughts? Any any comment cards from the public? No. Chair. No comments. Anybody want to make a motion? Yeah, chair. I'll just make one. Um, just for the record, I I'm not going to support taking out those parking spaces tonight. Um, I just I I like the I like the idea of the Dairy Queen being there. I I think there's a way to make it work.

Um, I just think it's potentially detrimental to uh the the parcel to the to the south that ends in ' 062. Um, and I think that plat 208 in general just makes a a circulation nightmare of trying to to navigate to that. Um, so I want to see the business go in. Um, I just don't uh I'm just not going to vote in favor of taking out those parking spots. Anybody else? What's is there a way is there a way to resolve that again? I just wonder to maybe address uh commissioners concern.

Chair, commissioners and applicant come back up if they feel like they need to. When we they first brought this in, they uh were planning to I think they they were still planning to take out the spaces, but not put the the drive aisle quite so close to the building. Uh but then that started blocking even more the the traffic coming in. And so we told them they really do have to move them out of this lane so they're not blocking the incoming traffic. And so I guess that's alternative.

they they leave the parking spaces there and then they just stack behind it. And I think that's a worse problem. I I just, you know, part of this is we see this from time to time. You know, the exhibit leads me to not like it. It leads me to not like it because there's a car who's had to encroach in the parking spots to the south in order to make the radius um there. And as the chair or commissioner, if I may, I've always viewed that as showing that a car can still access these parking spaces.

That's what that car is doing. It's not somebody trying to get in there. So maybe I'm wrong in interpreting. That's what I've always looked at. The car could be going either direction. Could be. Um, and then I also, you know, I also just kind of look at the, you know, the back of the back of house, the service side of of the restaurant and the service side of the adjacent tenants there.

You're going to stack people who are pulling up to get their cheeseburger and Butterfinger Frosty or not Frost, not Frosty. What is it? Blizzard. Butterfinger Blizzard. Um, and somebody's hauling out the trash. I just I just don't like it. Well, I'm just saying I don't like it. You can vote for it. I'm not just Commissioner Cory. Thank you. Yeah. So, just to go onto the record, I I don't see any problem with removing the parking spaces.

I mean, we're looking at a map here of like they're all parking spaces. I mean, there's there's plenty of parking here and I think that makes sense to kind of redirect the traffic there. And we're also looking at seven cars. I mean, maybe that's a time of the day when high school just got out of class and everybody's lining up, but I can't see that happening all the time. So, I'm I'm sure for the most for the most part, it's just going to be a few cars lined up. Um, but I think it makes sense.

You there's plenty of parking all around there for everybody else. So, just I don't have a problem with that. I think it's a good plan. Commissioner Corgan, just two observations. Is it really necessary, John, to forfeit all the parking?

Could there be a compromise where uh and I understand uh you know, Commissioner Gray's concern because I I recognize the traffic uh uh from the owner saying it'll come in from Palisades and there'll be a natural flow, pardon me, throughout the back of the building all the way through. And I would think that most of the traffic flow would probably not follow that pattern um since the signage is coming from Palisades and not from Sawarro.

I don't know that to be true and we'll see what happens when the restaurant opens. Is there a way? My question is back to the question. Is there a way to mitigate that with maybe leaving four parking spaces and taking out the balance? Chair Commissioner Corgan certainly. uh every time you add a space back in here along the south side, you're moving this access aisle over and so you're reducing one or two of these uh spaces uh within the stacking area.

Those cars are still likely to be there from time to time and now they're blocking somebody's parking space and that's what we're trying to avoid in the code. So, um I'm not sure you really add anything to that if this basic pattern is going to stay the same. and we've heard from the applicant why it needs to to flow this way. So, so the park go ahead, sir. We went back and forth um on the number of spaces quite a few times.

Um Dairy Queen um likes the idea of a minimum of five stacking spaces from the order window to where you pick up your order so that they um have time to cook the food and have everything ready in in that amount of time. Um, and then we wanted to be able to make sure that behind that car we had enough room for a couple cars to be stacking so they weren't taking up the drive aisle.

So, this was sort of a compromise between Dairy Queen standards and the town standards to be able to the the biggest thing we went back and forth on was being able to make sure that we didn't have any cars that were going to be blocking the traffic lane. And that was our big issue was keeping the drive lane free for the people to the south, but just people going back and forth and trying to get around the site.

So, we were again, it was a compromise to be able to look for enough space that were going to work for everybody and keep them out of the drive lane. One other thing that John had mentioned was that um the the actual drive aisle there is it is 30 feet and I I think is it 24 or 25 is your standard? 26. 26. Okay. So, you know, we're a little bit wider. So, some of those cars that will be overhanging, we're still not going to be blocking the drive lane.

But, um, Dairy Queen was comfortable with the number of spaces of seven, five be from the window to the order, uh, pickup and then two behind as a as a good compromise to be able to keep the drive lane free. And that was the biggest issue for us and for the town. So, any other questions for you? Anybody else? I It is a rare occasion when Commissioner Gray and I don't agree.

Um, but I it would be it would take I the way I'm looking at about 11 cars to get back to block the drive at the west end of the building. Um, it was important. I thought the most important consideration was the signage out on Palisades. uh being on that main drive and not on the drive, not on the curb cut right in front of the center. I think that that, you know, bringing the traffic through uh the parking lot is will um alleviates the the the problems for the adjacent um centers.

And I don't think they I this property is part of plat 208. There is a lot of plate 208 parking and so I'm I'm inclined to support it. Anybody else? Can we have a motion? All right. I will I'll make a motion to recommend approval of the SUP 25 to allow reduction of nine parking spaces subject to the conditions that they've listed which was resolving the issue of locating the grease interceptor and requiring the employees to park um offsite. Second. Any further discussion?

Paula, we have a roll call vote. Commissioner Corrian, I. Commissioner Gray, nay. Commissioner Schllber, I. Commissioner Steven, I. Vice Chair Corey, I. Chairman Kova, I. 51.

Okay, we can move on to a public hearing relating to ordinance 25-12 reszoning the area bounded by law Montana Sarro and Avenue of the Fountains to adopt the downtown overlay district and to remove the existing entertainment and plans shopping center overlay districts to the area bounded by La Montana Drive, Palisades Boulevard, Sorro Boulevard and Avenue of the Fountains. Chairman, I think that was my whole report right there.

Just a little bit more uh background particularly for the the public. So uh as you know from your work on it uh we have a new downtown overlay that you all spent some time looking at through the spring of last year. Council approved that new overlay district at their meeting on September the 2nd. So we're now going through the process of actually doing the resoning to apply that new overlay to uh to the area.

To prepare for this meeting, we uh did institute the citizen participation process as well as provide public notice. We mailed notice to all property owners within the area including 300 feet around. Posted the area, published uh the notice in the paper. We did receive a number of calls particularly from some of the residents north of Law Montana and west of Sarro.

Um although adjacent to to in the overlay is innovation district and then uh couple of property owners within the area did call and ask some questions about about the zoning district. So here is the existing zoning. You see most of the area zone C2. We have one little spot of C3PD within this area. And currently the area between Palisades Avenue, the fountains, law Montana Sarro has the two overlays, entertainment and plan shopping plaza overlays.

With this reszoning, if approved, we the two overlays would go away, replaced with the new overlay, all the base zoning underneath would stay the same. And just as a quick reminder, or for those who aren't aware of the overlay, just quickly touch on what it includes.

uh it uh covers this area, divides the overall area into three subd districts and but want to make it clear though as we start looking at these we're not debating the contents of the overlay that's been approved by council that's in place. Uh the only action this evening is consideration of doing the resoning. Just so everybody is aware again of what is within that overlay district.

Just some of the key points of it uh within the Avenue subdist uh C1 through C2 uh zoning uses does limit activity within 50 ft of the street to retail entertainment type activities. Uh everything else is pretty much the same. Uh it does allow the residential use up to 35 units per acre but no residential on the ground floor in the business district kind of in the middle of it. again allows all the commercial uses um and does allow 350 units per acre. That's good.

Should be 35 um to fix that for the next presentation. Uh by right on the upper floors and requires SUP on ground floors and then in the innovation district um again allows the the commercial uses.

that allows the change here is some of the employment type uses the laboratories manufacturing assembly of non-hazardous and non-toxic materials light assembly storage and like all the other C2 zonings would allow residential through an SU and so that is my presentation uh for you this evening staff does recommend approval uh of the the change in the overlay districts any questions for me at this time commissioner John what are the uses I mean, are there limitations on the uses on first floor besides no residential?

I mean, are we back to this service business versus retail or So, uh, chair, commissioner, yes, if I understand your question here, in the avenue district, when council considered and approved the overlay, they did go back to the more restrictive version, right, of the ordinance. Okay. But I'm talking about the business district and the the business district, those didn't change.

And so, uh, as it is today and and in the, uh, in the overlay in the business district area, you can have, uh, ground floor and upper floor residential. Ground floor today requires a special use permit. That would still be true. But the upper floor is by right up to 35 units breaker versus the eight today. But if it was a if it was a service business, an insurance company, that's fine. That's that's on first floor. That's Yes. That's where we want them is in this district. Right. Okay. Thanks.

Okay. Are there any um comment cards from the public? Yes, chair. There's two. Uh the first speaker is Beverly Strosa to the podium and after her will be Dana Hanley. H Beverly Strusa and we live in Lacassa Capetel. So we're right across the street from from this change. Um the I think we're concerned about the innovative district. Excuse me. Can you speak into the mic, please? Thank you.

Um the innovative district, what companies are interested in moving in there and what are they planning on doing? Do we know? I don't I don't know the answer to that. It just seems like to want to change it, there has to be some idea as to why you want to change it for for who, you know, um because now it's I believe it's zoned for C2 and it's changing from to a C2D. So, light manufacturing is going to be going into that area. Correct. We don't know. It not necessarily.

It it's it's allowed to if a light manufacturer decided that's where they wanted to be, they would now be allowed to do that. But it but it doesn't necessarily that doesn't necessarily mean that's what's going to happen. But there will be no biohazards, anything like that. Correct. That would be prohibited. Right. And John, you can um yeah non-hazardous non-toxic materials. Okay. What other parts of Fountain Hills are classified as C2D? Are there any other John?

So, uh chair, this would be the only location certainly at this time. doesn't mean it couldn't happen in the future, but this is the target for that type of use. John, sorry, Commissioner Fam. John, can you let let her know or let the people are here know whether or not there's any potential users that are looking to redevelop part of it because it's built out. Uh, chair, commissioners, uh, there are no active users in the pipeline that I'm aware of at this time.

There have been a few in the past. That's kind of what got us thinking about this. Some bioscience users that were looking at some of the existing buildings in this area and we weren't able to accommodate them, but they seemed like they were really good fits. Could you let us know who those users would be that would be interested? I'm sorry. Yeah. I I can't hear you. Okay. All right. Yeah. If you could finish your Okay. Um I think that was it. Yeah. I think that's it. Yeah. Okay. Yeah.

Well, let's have our next uh speaker. Hi, I'm Dana Hanley. I'm a resident of Fountain Hills again, Kasa Capatel. Um I've I've got several concerns. Um and you're saying that you don't know who's going to be in there. uh what sort of companies that you have none at the time. Um but I'm thinking about the scale and the the visual impact of this from and I'm being selfish from our own property right now. We have a beautiful view of Red Mountain.

Um and if we've got a three-story building going in there, which I realize the the original zoning was could allow for threetory. Um, but I just feel like it's just kind of, you know, you've got three sides of this um area that are residential. So, I feel like it's really impacting that. Um, I'm concerned about noise, emissions, lighting. Um, if there's manufacturing, um, they can generate, I mean, they could be around the clock.

Um, so I'm concerned about that, which means, you know, traffic, parking, trucks coming in and out. Um, I'm again I'm concerned about the proximity to our residential area uh with all of that could be going on in that. Um so it it's currently like I said surrounded by uh three sides of residential. Um and then it could increase industrial activity which again it's just a traffic and a noise uh issue for me. Um, you know, we have an existing um industrial area south of Sheay.

So, I'm feeling like why do we want to have this now right in town? It just to me it doesn't make sense. Um, and and again, maybe I'm being selfish because it's right in front of us, but um I just feel like it doesn't fit into the character um of that particular area. Now I realize we do have Humana. We've got Dutch Brothers. So there there is some retail over there. There's the old Mayo building which I saw there was a lot of activity going on there like maybe six months ago.

Um and then it suddenly just kind of came to a halt. There's piles of gravel that they look like they were going to be maybe spreading around and redoing the irrigation, but then I've seen nothing else happen. Um, so I was wondering if that was one of the buildings that was maybe going to be redone or refitted for some other type of uh um company to come in.

But I'm just I just feel like um maybe and this is probably not the place to do this, but to maybe um amend the the zoning, the base zoning to something that's more community commercial as opposed to some kind of innovative business district right across the the street from, you know, the residents. Um so I mean, I'm I'm not opposed to um you know, responsible, thoughtful growth.

Um, I just feel like I want a development that's going to be aligned with our existing community and I just feel like we're opening ourselves up to some potential headaches and and that's it. Thank you. Any other speaker cards? Paul, no chair. So, chair, commissioners, couple of things to comment back and I do appreciate those neighbors. Um, they're coming from the area immediately across uh law Montana and certainly uh could be impacted by some of activities that could could happen over here.

Unfortunately, this is the best area that I have and it's it's covered up with some things. Um, but as was commented on, the base zoning doesn't change. That base zoning currently allows 40 foot height and so that won't change and so there could be three-story office buildings built there today. Um the lights are controlled by our outdoor light control ordinance regardless of what the zoning is. The lots that are here are indeed mostly built on.

There's an area here possibly, but I I think it may take care of some drainage. There's one vacant piece over here, but we do have uh a vacant building along uh Palisades and we've had uh some issues filling the other building here at the corner, Palisades and Sar and some of the uses that have looked at that building.

I can't get any more specific because they've dealt mostly through economic development and so I just don't have the details but bioscience type of businesses that we think would be good additions to the town but didn't fit within C2 zoning district. That's what has prompted uh this request to make these changes.

And so, while I can't say that this change uh wouldn't result in or couldn't result in some changes, somebody deciding they really do want to come in and tear down a a good building that's here and build something back bigger. They could do that under the current code. Is it more likely under the change because there's more uses available? Maybe. But still in this economy, not very likely.

And so, uh, the types of uses that are being, uh, added or have been added through the overlay, we feel are pretty low in intensity. Given the the smalls size lots, you're not going to have large buildings. This isn't a place that's going to drive a lot of truck traffic uh, of any size. So, staff is comfortable with the overlay district as it's been approved by the town council and applying it in this area. Commissioner Corey. Yes, thank you for clarifying that, John.

And I think um Beverly and Dana are concerned with like the industrial part of it. Could there be, you know, trucks coming in and moving around stuff? And that is still we try to get that to happen in the industrial area. So, this is more just about like the types of businesses that would occupy those buildings versus changing it to be trucks loading in and out and whatnot. So, um, and John clarified the lighting would follow our lighting ordinance.

So, if anything changed out there, they would still have to maintain low lighting with shields so it wouldn't block, you know, and shine into your buildings. And of course, there's noise ordinances, too. So, I totally understand where they're coming from. Yeah. Anybody else? Uh, anybody want to make a motion? Yeah, commissioner. All right. Well, I would move to recommend adoption of the ordinance 2512. I'm looking for a second. I'll second. Okay. We have a roll call. Commissioner Corrian. Hi.

Commissioner Gray. Hi. Commissioner Slashberg. I. Commissioner Steven. No. Vice Chair Corey. I. Chairman Kovasc. I 51. Okay, the next item on the agenda, special use permit to allow 11 residential units on 11 non-ontiguous parcels in a commercial subdivision, plat 106, generally located north of El Plo Boulevard between Fountain Hills Boulevard and Ivory Drive in the C-C community commercial zoning district. Bar. Uh, thank you, Mr. Chairman, members of the commission.

Uh this is what I'm about to show you is the third iteration uh from the applicant for the uh SUP request. Uh you might recall it originally came before you.

most of you I don't think everybody here was on the body but uh about a year ago followed by a revision in August and uh the applicant has had a a series of uh conversations and even a community uh meeting actually hosted here uh at the town hall and uh based on those discussions has uh developed their second revision third iteration um And I I think the commission's pretty intimately familiar with the site.

Uh unless there's any clarification um that I needs to be made, I'll just go straight to the site plan. Um so I also have the uh original site plan that came before you uh also available if you want to do some uh comparison. But if uh if you'd recall, um the applicant had requested uh 11 residential units, but uh nine of those were going to be kind of the cottage concept. Uh two of them were going to be located here as part of a mixeduse type of development.

What the applicant has done uh is um in lie of having two of the cottages here this whole building um the applicant is proposing mixeduse building consisting of commercial on the first floor and residential on the second floor. So this building alone would have four res residential units on the second floor. uh the the balance of it.

The applicant has uh has maintained the same uh well the applicant actually owns the uh all these uh the seven parcels here and has made them into attached dwelling units um to kind of uh in the same spirit as a as a town home type of type of development. um what was originally uh presented as a let me uh see if I could maximize this a little bit for my own benefit as well. Um what was originally proposed as a uh dog park. Um the applicant will be providing some additional parking right here.

And uh the applicant now is also uh contemplating u although the applicant doesn't have any control over these properties um across the way from this alley the applicant is proposing uh basically a mirror of what is here to the south. Um again the applicant has no control. There are some ongoing negotiations going on to obtain these properties which may come back before you as another special use permit request.

But for now, the applicant is requesting approval of the properties uh in which he uh he owns. Um the applicant also intends to include the church located here. If I scroll up as part of the mixeduse plan as well. Uh now again the applicant is still currently in negotiation.

So um the applicant has requested to come before you to discuss this uh topic or discuss this proposal a little further and um perhaps uh I guess uh update you on some ongoing negoti ongoing negotiations going on to uh obtain or acquire these parcels to uh create a more organic plan for plot 106. That is where I will conclude uh unless the uh commissioner has any more questions. Um the applicant is here as well to uh answer questions as well. Commissioners and we'll hear from the applicant.

See if I can Well, you can uh Wilson, you can flip uh flip through these accordingly. I was going to maximize the speed. Thank you. My name is Wilson Eim. I'm the applicant. Uh because I've been before you before and I appreciate your time. Um let me discuss the last moment time we met in August. Uh some of issues were brought up and what I've done was try to work with the community to address those issues. We met at the city.

Uh John was able to organize a meeting between me and the and the PA residents. At that time we discussed some issues about replotting the whole area. There wasn't a consensus for that. So with that idea out of the table uh another thing I tried to do was I think it was commissioner grade. I said can we do a holistic thinking so we could see how all these pieces comes together.

So I took the liberty to come up with a perspective like John mentioned um the property this one are not mine there are lot six 7 8 and nine but in attempt to kind of bring a picture what my vision was um so I included them and I'm not asking for approval for these because they're not mine these are the ones that is mine Now and what I also did was to collapse the individual single family and made them one big building which was another issue that we come up with.

So that way the ground floor um is commercial and the second level is residential. So when you go to this portion they also like town homes which is what has been approved there. John Gazak has town homes going on right now and also a mixuse. Uh then in between these two town homes uh you have the church uh which is also issue that wondering how is it going to tie in with the church. I have been in negotiation since then with Rod Warden the pastor and we've been able to negotiate a price.

So um Zenpack uh with MCO realtor the commercial realtor putting the contracts together and he's also been able to uh enter into negotiation with law six and seven which is this front section. So these are ongoing as we speak. Um now what I'm requesting is uh approval for what is mine asset now which is this building these lots here and over here and that.

So if the the church will have agreed on a price, okay, if everything works out on this, uh we'll come back with another ACUP uh to seek approval, then we'll be able to get a picture what preceded totally come together. So um my request is which the staff brought up also he said do I want to access tension and continue negotiations. The problem there is if I do that the scope has greatly changed. I have to start all over again and it will also drag the whole process.

So what I'm asking is if we could approve what I have now, I would do a second HP for those ones that I'm negotiating with the people as we speak. Because if if you don't approve what I have or if I extend um ask for extension, then I'm going to end up including these guys and start all over again. Mom, I'm already over 10,000 on this on city fees and time and everything, you know. So, I spent about two years here. Not complaining.

I'm just saying uh right now what I propose to you is in line with what has been approved. That is right now going on. There are town homes going on right there by John Gazak. There's also a condo. If the church we have agreed on the price once we close what I'm going to propose is a condo like what John Kazak has opposite the lot. Okay. And then this one over here will be similar to uh a mixuse just like this.

So in the if everything is completed as it is this section will be mixus and this back rule will be residential which then create a hub because what Mr. Kak has now is a residential unit. So all of them will face like a courtyard. Okay. and they will complement each other. While this one facing Fountain Hills will be commercial use with residential on top which also will be in line with what he has on Pablo Street which is a condo with commercial ground floor and residential uh above it.

So that is what I'm proposing. I'm asking two option. Approve what I have so at least I can keep going while I work with the rest and sec or then grant extension. Um so I continue to negotiate. Please understand there are many people involved in this. It's not a really easy good thing because there are so many people that owns it. So I'm combing the ground. I'm working very hard. Uh it has not and Zentac has been working with me on this. He'll let you know that it's not been an easy thing.

Get sometime you get a cold call, no one even listen. Finally, you finally get hold of somebody, track them down, they're not all in town. So, it's been quite a a challenge. But what I'm envisioning, you know, overall is what I just presented. Okay. So, what is not mine, I'm not asking for approval, only the ones that that is mine.

But if everything will work out, we have the mixed use in front unit on the other side of the alley which will create a courtyard like with what John Gazak is doing on the other side. Any questions for the applicant? Any questions for fire? Oh, commissioner, could you provide some orientation where Elo or show me where the streets are? Okay. According. Okay. Fan Hills. These guys are facing facing Fountain Hills. These are the parking lot over up and to the left. Yeah.

So, this is Pablo over here. Okay. Okay. So, back here will be the parking lot. I'm sorry. That's the existing parking lot or is that a new parking lot? No, no. The existing parking lot. Existing parking lot. Let me see. There's other Let me show you more, please. Okay. I'm sorry. That will help. Okay. So, this is the same view. Uh looking at it from the I believe the east. Um so, this um Okay, let me see. All right. So, this is the church right now.

So, if you're looking right from the uh east side, so you're looking at the church. So this is the pharmacy store right now. Those are just placeholders and that would be town homes. Town homes John go is on this side. Ben Fountain Hills is over here. Pablo is down there. So this is the parking lot in front by Fountain Hills and these are the mixed use building over here. Now so I I Okay. I guess I missed that that the parking you're going to have you having some shared parking.

Are any of your tenants or owners going to park in the No, no. Actually, the way I designed mine, I provided parking. If you look on this side plan, most of the the residential units have two onecar garage and a car a carport. But then along the alley, the first lots are converted to parking. I provided over 12 extra parking spaces. Now by there is a a share parking by the community but I actually did not encroach into that.

I provided parking spaces for my guests and uh the the um ones that I have. So if you look on the commercial, if you will look from the parking lot on the uh the area that the church is and you look down, what you have here is the town homes and then over here is a commercial in front and facing. So we're looking towards Fountain Hills. Uh this is from Fountain Hills. If you look down the alley, you will see the commercial on both sides and then the parking lot back there.

So, if you're looking from Fountain Hills, that's where you will see the two commercial um mixes. In between them is um the um paved area people can walk through. If it's a coffee shop, they can come down, sit and have a coffee. and uh interact. So that has a more commercial feel. Then on the other side of the alley will be the town homes. Okay. Commissioner Slober if if I let me go to the maybe this will help. So actually what we if you look on the side plan so this is our commercial area.

The parking lot is on this side. So there's an alley right now. the the uh convenience store uh local store is right here. The pharmacy store is there and there's an alley that creates like a a buffer between the commercial area and the proposed residential on the other side. Yeah. Yeah.

So, I still I've had a problem with this since the first time you presented it, but the the units that abut to the drive-through brew, as I call it, the adobe liquors, the you talk about stacking at the Dairy Queen, I mean, that's going to be a big problem. I don't know if you've been there on a Friday evening, but you're going to have residences and you're going to have cars basically sitting in front of their residents waiting to get through the drive-through, right?

Just think the placement of those units is is not the right place for that.

uh just based on that which I mean you're talking this unit because what happened here your parking is over here this this unit they have an access to their garage and uh their car port each unit has its own parking they're not shar parking okay they have their own parking a garage and a carport so they're not in any way even utilizing the share parking so once they're driving to this area, they have a car garage and a car porch in front of them.

So, they're not using the shuttle and by code I'm required to parking for them and I provided those. Now, on this other side, there's an alley 30 foot alley. Now, these lots next to the alley are converted them to parking. So all these area are additional parking that are provided. Okay. So that one hasn't to do what with the existing parking and it does not encroach on access to anything. Okay.

I beg to differ but uh I'm just based on what I'm I'm looking at two different aerials here and I'm just telling you when there is a line at the Doby Liquors it will be blocking the parking at several of those units. I don't know where where would I This is a liquor store, correct? This alley is existing. So, right now, no one It's a road. There's no one blocking it. So, once you drive through this road, my parking is um is not by the park is not by the convenience store.

And the further you go, I mean, I don't see where it blocks any person because the alley is a road that's public road. and you drive through there and you just park. Everything I'm doing is behind the local store. Okay. Well, I will beg to differ on that, but uh it it will block some of your parking at some of those units when there's high traffic there for sure. Okay. Any other comments, Commissioner? Commissioner Sum, what what uh the mixed use? You've got commercial on the first floor. Yes.

What what's your what's your vision for this commercial? You got your broker that's here. What Well, what if this doesn't what if these commercial spaces don't lease up? What if they don't lease out? If they don't Well, you know, I presented that before. If you recall that was my argument because there's not every every business has to have a market and the market was not there. That was the essence of my initial presentation where I tried to bring the foot traffic. You have to create a market.

So I created more residential and have the only two front ones as commercial. But again the issue was it seems to be that there was people that don't like the idea. And I remember some of the commission is saying at least this portion should be commercial then they can deal with residential over here because everything around over here is residential but this should be commercial.

So what we did then was create more commercial space you know but right now if assuming I'm able to get these units uh there are about three owners right here. I'm only talking one person right now, but that gives you about eight commercial uh listing space and I told the community if they're empty, it doesn't serve you well and it doesn't serve me well, you know, but if that's what it's going to take to move forward, I'm willing to take the risk.

If I'm a business owner, it would be a problem for me to be frank with you, you know. But the good news is at least if I start with these four units I'm envisioning okay something like a a wellness has a pharmacy there maybe a realtor an accountant you know some most professionals that want to maybe rent the below and live on top or maybe at some coffee shop. I know that this vacant lot, the owner is thinking about doing a restaurant, ground floor and resident on top.

So a coffee shop, a pizza store, it has to be a small business owner, you know, or professional. So I'm envisioning small retail establishment or professional offices. Commissioner Gray, uh, Mr. regent. First, thank you for taking a more um macro view on on the the plat. First time we've seen anybody uh even make an attempt at that. So, I do appreciate that. But just for my clarity, the the parcels that you've shown improvements on that you don't possess.

Are are those parcels under your control today in some sort of option scenario, or is this just theoretical at this point? These ones right here, they're not mine. But these two we are right now in negotiation with the owner. Then the church is not mine, but we have come to a price. So we're writing up a contract and Zanti is doing that for us. Um well, you know, going through such a um a deal takes some time and uh um the pastor uh Mr. Warrenburg asked me for extension last October.

You know when I came here I asked for this extension cuz he was in Europe. So he got back in October. We continue our negotiation. U so he's a busy man and he prefer that we have extension and continue to put all the details together. I understand that. But I don't control the city. So I have to show up you know let you know this is what we're doing.

But I'm saying while I'm working with these people, if we could approve my first application, uh because what my understanding is with this city is if I are these new ones, I will have to start all over again, you know, there'll be additional fees. I said, well, why not let me do two SUP, you know, so that I get this approved, then the nurse once I work out those details, I can submit again.

So to answer your question is these ones here lot 6 8 and 9 they're not mine and the church have not purchased it yet at least we have an agreement on that these other ones not agreement these two lots here uh I have not been able to talk to the owners okay so Paul would do we have any speaker cards we do one speaker Barry McBride Thank you. Well, you you I'm sure you'll be back up before it's over. Uh chair, commissioners, my name is Barry McBride. It's an honor to be in front of you.

I have just a couple of things to point out if I may. Uh I represent track 106. I know you know that I've been here before. Uh will say how much I respect Dr. Egypt and Zenturge is a good friend. I've purchased a couple of buildings from him. He's a fine gentleman in our community. Uh I have a couple of things. First of all, on those properties that Dr. Egyp did point out that he does not own that are to the north of those that he showed, could we see the colored um slides, please?

That would be really helpful. Um that's fine. Right there. So the the buildings that you see next to the green park area there, those buildings actually butt up against my backyard which is a wall. So that green area with the trees is actually my backyard and so it's really not not to scale and I just thought that we should have good perspective on that for your consideration. Um secondly, what I would like to ask is for clarification. The clarification Dr.

regum uh is the intent to uh lease or to sell the cottages because if the properties are sold, I believe you own maybe 13 properties and if those properties are sold, then we would need to create some kind of a homeowners association because as I represented before, the POA depends on the revenue from those properties to be able to maintain the property as it needs to be done.

So my clarification would be uh if they are to be sold, who would be responsible for putting together putting together a homeowners association so that revenues would be appropriate that we could keep the property in good order? And so those are those are my questions. I submit my time. Thank you. Okay. Um commissioners, any further? Mr.

Eimat, I have a question for you because we when you were in front of us last time, we asked you to come up with a more cohesive plan for the property and I think you've made improvements. The other thing we asked you was who is going to do the common area maintenance and about uh homeowners association and how is that going to work with the POA and plat. Thank you. Can you answer that? Yes, I spoke to a realtor attorney presented this scenario and his question was simple.

He said well what happened is right he said how are you paying the dues now as I'm paying them per lot he said then they just continue to access it per lot so those 13 lots are individual lots and right now all my dues and all the taxes are per per lot so while there are towns in one building but actually represented their actual individual you know you know they're one building but they are town homes so If someone will bite the taxes or the dues for that lot, he continue to pay it. Okay.

So that is what and that was what the attorney said. He said that's not an issue collecting their money because the way you design them, they're still individual. If they record today as cells, they're going to be recorded per those parcel and the lot the taxes will come per parcel. And the same way the dues will be assessed per each unit.

So if we try to create the uh um what do you call it um CCNR the homeowner association it could be more complex because right now they don't have any problem paying I pay all the dues but I'm paid I'm paying them by per lot so I'm tax and also assess per lot so when these things are sold they still be paid per lot. Now some areas that um the the mixes you know that is rental so I will be responsible.

So whatever is sold will pay their own bill their own taxes but what I rented is still under my name. So that's one option that I discuss with the attorney. The other option is rent everything out but there's no need. He don't think that's a good idea because the individual lot as it is right now and the dues are assessed per lot.

So whatever let's just say somebody buy lot okay the d compile lot and the taxes are part that lot and whoever owns it pays it so and that was what the real estate attorney told me you know that he doesn't see any issue with collecting that money. So what you're you're So what you're saying is that the town homeowner would pay the POA their the dues and the POA would maintain the common areas around the town homes. That's exactly right.

So they because right now they're maintaining it through the dues. So if you pay your dues, they'll continue to maintain it. So the funds are there. But the POA just spoke and said that there would need to be an HOA. Well, I think there was an H when I was going to sell it everything. Okay. So, when we met last time, they said we have to have it. So, when I met with them with Rob, I said, "Okay, we need to discuss how is this going to happen." He proposed two things.

He said, "Well, I don't know. So you could talk to an attorney, come up with an idea because I've done it before, but it's a different situation where we create our own POA. I've done that before at Apache Junction. But he said, or you could rent everything like John Kazak did. He's renting everything. So he controls that. But when I approached my real estate attorney, he was saying that it's a different situation. When we did the one we did last time, it was one property. Okay?

So everything and they have those 10 homes within it. But he said this one you have individual lots the individual lots. Okay. So that way each lot then is accessed and paid because the question was how am I paying it now? I'm paying them per lot. So the same way they collecting from me now that the same way they collect it from whoever buys it. But there are some going to be rental. Okay, that I will pay because I own it.

But if an situation comes where I sold the lot, the lot will collect their own dues. I mean, they will collect the dues from the owner. Thank you. And of course, I also presented that to the city. John, I spoke to him about John. John also didn't have any issue with that. He didn't see any problem collecting their money. Okay. Well, thank you. All right. Any discussion, commissioners? Commissioner Gray. Yeah. I mean, same same as last time.

I mean, the there's one, you know, there's some uh SketchUp imagery of of what something more master plan looks like here, but we're so far away from doing anything on this plat that is it underlying use to to to this form and function. You know, if Dr.

Egyp come comes in and says, "Hey, I've got options on, you know, all nine of these additional parcels and has total control of that." And if the if the uh if the if the POA stands up and says, "Yep, we're we're willing to change our underlying governances so that we're, you know, more aligned with um you know, medium density residential and and and we can handle that." Well, Then then there's a conversation to be had here. But not now.

This is just going to be a terrible mistake if we push this forward. Commissioners Commissioner Coran. Well, first of all, Dr. Nim, I'd like to commend you on coming back to us with the mixed juice pro project and a vision for what you propose. My concerns, they might be shared concerns. I have two major ones. The POA, HOA, again, not ironed out yet, and the building that you don't own. Um, so we have two I have two major concerns about this. It's just not a conclusive project yet.

There's a lot of prop uh proposals and it's a very nice uh look and you have come back to us with mixed use. However, it's not a complete project yet and I would be hesitant tonight to go ahead and approve a vision rather than a solid project. Those are my thoughts. Thank you. Anybody else? Hey, I'll Anybody want to make a motion?

Commissioner Semium, I'll move to deny um special use permit to allow 11 residential units on 11 non-ontiguous parcels in a commercial subdivision plat 106 generally located to north of El Po Boulevard between Fountain Hills Boulevard and Ivory Drive in this the CC community commercial zoning district. I'm looking for a second. Commissioner Gray second. All in favor of the motion to deny. Opposed 6. Okay. Next agenda item.

review and discussion of regulations and court decisions regarding small cell wireless facilities in the towns right away. So, chairman, commissioners, I don't really have much of a presentation for you this evening. Did include in your packet uh a memo from the town attorney. As you are aware, we have a new town attorney who is trying to get up to speed on a number of things across the town, and she hasn't had as much time as we would like to uh dedicate to this particular project.

Uh she did have time to look through uh the Ninth Circuit court opinions. That's one of the things that had come up at at previous uh meetings was that there had been some things, rulings by the court that would impact uh what we could do as a town. uh the comments made it sound like we could uh take a lot uh broader approach uh to our regulations. Uh so uh town attorneys looked through those and provided a memo that gives her uh background and understanding of those court decisions.

My reading of of the memo would make it uh sound like the the changes through the the Ninth Circuit really don't move the needle much. uh mo our state statutes are still going to be the primary regulator of what we can do as well as overall FCC guidelines. Um so with that um I'll see if anybody wants to make any comments or has any further questions with what we've been able to give you thus far.

Uh maybe before I do that, I will say that that uh she is looking at the terms and conditions and because that's where we thought we might be able to have the most opportunity for impacting what we uh do with regard to the small cell in the rideway portion of this project. But again, it's been a big project to tackle. I don't know if she'll have that by next month or not, but I know that she is working on it.

So any comments, questions, or discussion we want to have with regard to this this evening? Commissioners, anything? I The only thing I read everything, but I I didn't have time to digest it. It it just, you know, we got the packages late and um so I just I I normally would like to do some analysis and and compare uh to other towns ordinances and things. I just didn't get that far. So I I don't have anything for you tonight.

Commissioner Coran, I just had a couple of quick ones and it it's it's a thick package and there's a lot of legal ease. Um, but on page 193 there's a reference to aesthetics. Um and it looks like it said the the council should be confident of local government authority to impose aesthetic regulations. Is that something that we bring to the uh carrier as a concern? Is it the Is it us appealing the aesthetic uh environment? I I wasn't quite sure what significance that had. Maybe you know.

Chair, Commissioner Corgan, it's probably page 193 in your overall packet. So, I'm not sure which page that is here in terms of the the memo that that we're looking at. If you could reference I'm sorry. Section 1-13. Um, and it's under drafting notice and and I think the it's section right behind section 112 of course between it's 113 placement and design standards. So, again, that what I have to look at that's hard for me to figure out exactly where that is in here.

What I what I will come back and comment on is uh what I got from reading through here is that um the Federal Communications Commissions and some of their rulings and and orders had had tried to lessen the amount of regulations, local regulations we could have in terms of aesthetics. But the that's one area where the uh ninth circuit did push back and say no cities and towns can have aesthetic standards uh more than what the ninth circuit was or more than what the SEC was was trying to uh allow.

We do have for the town of Fountain Hills for small cell in the rightway uh comprehensive design guidelines for what those can look like. So those are already in place and and hopefully consistent with with where we are uh today or you know maybe there's a little bit more we can do there but that that is something we'll definitely look at because that has been part of the the discussion. Okay. Thank you.

And and just one more if you would to be helpful um under it looks like 128 and this is under uh abandonment of facilities. And so as part of that it talks about uh managing or administrating and then it goes into several criteria A through looks like A through G and one of those is utility coordination. Is that something that's from this package is that our obligation to coordinate the utilities? Uh and I'm I'm referencing underground here.

So, in other words, if if can we designate or maybe I'm getting too much into the weeds here, but can we designate on our our behalf that those broadband facilities go underground under that utilities clause or whatever you might want to call that under sea chair commissioner? Yes, that's a detail that I'm not prepared to discuss this evening. We can maybe talk afterward. I can understand better what Okay. your comments. So we we're not um taking any action on this tonight. No.

So then so we can move on to the next agenda or do you have more Commissioner Corgan? That was it. Thank you. Okay. So uh item number seven, commission discussion request for research to staff. Commissioner Gray, John, I just had one um just going back to the to two agenda items ago. I it's been a while, but I think we talked about, you know, was there any is there any ability for town staff or the town proper to um participate, encourage, guide um the plat's kind of re-imagination, if you will.

I Dr. Egyp came forward tonight with the first um you know first thing we've seen that's a little more macro to the plat but yet the plat kind of sits um challenged. Um so I just curious was there any is there any has there been any thought to the town or or does the town even have an ability to influence uh in in that space versus letting that that plaque kind of sit the way it is? Chair, Commissioner Gray, we don't have too much really.

We did organize a meeting as was mentioned earlier as many of the property owners we could to come in and discuss, you know, how uh the they'd like to see that evolve over time and and we encourage them to work together, describe some of the things that the commission been looking for and would like to see in that area. But at this point, no, we really don't have too much a way to really force anything to happen. Anybody else?

I I would like to see the the stacking for the cars at the drive-throughs cleaned up in the code and just let's if let's get that to a more realistic number sooner now that we've talking about Dairy Queen if we could do that sooner. Yes, chair. Actually, the text amendment that you looked at last month based on your discussion here and some further research by Mr. Tavisi, we have changed the numbers in there for council consideration to bring it to six instead of 11. Great. Thank you.

Anybody else? Okay. Item number eight, summary of commission requests from developer from development services director. So, I didn't really hear any specific request for us to look into something else. So, I'll jump into the next agenda item of sorts. And I have two things.

want just want to take a moment for commissioners and any public that might be watching because we get comments and questions from time to time about how to find information about upcoming meetings and packets and or where to find information from previous agendas. And so when you're on the town website as it's been redone so just fountain hillsaz.gov Just a simple scroll down to agendas and videos will bring you to current agendas will be right uh in front of you.

Anything back to uh August 5th will be a scroll up and you can just get all the information on anything that's that's coming up very quickly right there. And I should probably look down here instead up there. Let's see here. Or um you can also if you go um your government down to agendas and minutes, you get the same thing here as far as the the current ones. You can go to an archive page where you can see the uh items before August the 5th.

So, if you were to go down to town boards and commissions and planning zoning commission and you get agenda packets, you can get minutes uh going back uh to earlier meetings and you can also from here click on the YouTube if you want to actually see it and not just read about it. Um it'll take you to the the YouTube video so you can watch some I find that helpful sometimes. You really get a little bit more nuance by watching it and listening to it than just reading it.

And so it's available there. So anytime you're needing that that background on what's happened before or if uh packet comes out and you didn't get it for whatever reason or you're not at home and you're someplace else, you just go on online and you can get those packets and and read that information. So just again, just want to make sure that was clear to to the commissioners and and more so to the public that might be watching in ways that they can get that information.

But other than that, your next meeting will be on the second Monday of uh December, which is the 8th 10th 8th 8th. Yes, the 8th of of December. At this point, I only know of one item uh for that agenda. We may or may not be able to have something more to talk about on the the wireless uh communication issue, but right now looks like a pretty uh pretty light agenda. But we do have that one item that we will be bringing to you. And I I will be remote so your last meeting you can chair it.

Commissioner Okay. Commissioner Gray, will you be here to to I have a question. Yeah. John, are you're able to get um notified of upcoming meetings, aren't you? Can't you just can't you subscribe to be notified that there's meetings coming up like council meetings or planning commission meetings or other comm community meetings? Maybe you should explain that to the people as well that Oh, you don't know about that? Have Paul explain that?

If you go to the website, there's an area that you can sign up for notifications and you can pick council and commissions. And then what we do on our end is when we publish the agenda, there's a button that we let notify you and then you get the email and it tells you that the agenda is ready. And I believe you can also subscribe to the RSS feed of the calendar so it appears in your calendar. Correct. Yes. Good thing you got here tonight, John.

Your assignment will be to to take a look at that particular part of the website and report back. Okay. Uh motion to adjurnn. So moved. Second. All in favor? I I