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[00:00:05]

GOOD EVENING.

[ Call to Order/Roll Call]

WELCOME TO THE PLANNING ZONING COMMISSION MEETING FROM MARCH 2ND FOR SORT OF BUSINESSES OR ROLL CALL HERE, HERE, HERE, COMMISSIONER QUINN, COMMISSIONER VELASQUEZ.

GREAT.

THANK YOU.

NEXT TIME.

AGENDA IS THE PLEDGE OF ALLEGIANCE LED BY VICE-CHAIR ROSE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU.

BYE.

SURE.

OKAY.

PRIOR TO THIS REGULAR SESSION, WE HAD A STUDY SESSION IN TERMS OF GOING THROUGH SOME ITEMS, UM, ITEM NUMBER, EXCUSE ME, ITEM FIVE WILL BE HEARD AS A REGULAR, UM, ITEM AS AN ACTION ITEM, BUT, UM, STAFF, DO YOU WANT TO READ THE ADDITIONAL STIPULATIONS FROM THE ITEMS THAT WE'VE TALKED ABOUT PLEASE? GOOD EVENING.

UH, SO ITEM NUMBER FOUR, CONDITION NUMBER FIVE WILL BE ADDED TO READ AS FOLLOWS AUTOMOTIVE SERVICES AND REPAIRS ARE PROHIBITED ONSITE.

OKAY.

THANK YOU LAUREN.

YOU'RE HAVING AN ADDITIONAL STEP ON YOURS TOO.

WAIT FOR ITEM NUMBER TWO.

UH, PDP STIPULATION NUMBER FIVE EIGHT SHOULD BE MODIFIED TO READ 50% OF ALL REQUIRED TREES SHALL HAVE A MINIMUM PLANTING SIZE OF A 36 INCH BOX AND BE 12 FEET IN HEIGHT AT THE TIME OF PLANTING.

OKAY, THANK YOU.

THANK YOU TO THE AUDIENCE.

UM, IF ANYBODY WOULD LIKE TO HEAR ANY OF THE ITEMS 1, 2, 3, AND FOUR, LIKE I SAID, ITEM NUMBER FIVE, WHICH IS THE KIT CURIOUS CAR CARE WILL BE HEARD AS AN ACTION ITEM AND EVERYBODY WOULD GET A CHANCE TO TALK ON THAT ONE.

BUT IS THERE ANYBODY IN THE AUDIENCE WHO'D LIKE TO TALK ON IT OUT OF THE, ANY OF THE OTHER ITEMS SHARE HIM? AND IF I COULD ITERATE, UH, THE STIPULATION THAT LAUREN JUST READ IN WAS I MISSED IF SHE'D MENTIONED WHAT ITEM NUMBER IT WAS, ITEM NUMBER TWO.

MAGNOLIA.

JUST WANT TO MAKE SURE THAT WAS ON THE RECORD.

YEP.

YEP.

SORRY.

OKAY.

OKAY.

WHAT'S THE COMMISSION'S PLEASURE

[ Consent Agenda Items listed on the Consent Agenda may be enacted by one motion and one vote. If a discussion is required by members of the Board or Commission, the item will be removed from the Consent Agenda for discussion and determination will be made if the item will be considered separately.]

ON THE CONSENT AGENDA.

OH, THROUGH THE CHAIR, I'D LIKE TO MAKE A MOTION TO APPROVE THE CONSENT AGENDA WITH THE STEPS THAT WE'RE RIGHT IN.

OKAY.

I HAVE A MOTION.

I'LL SECOND.

I DON'T HAVE A SECOND.

SECOND, ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR.

SAY AYE.

ANY OPPOSED? MOTION CARRIES.

OKAY.

ALL RIGHT.

NEXT

[5. Preliminary Development Plan, PLH21-0071 Kerry's Car Care located south of the southeast corner of Cooper and Pecos Roads Move Planning and Zoning Commission recommend approval of Preliminary Development Plan PLH21-0071 Kerry's Car Care for site layout and building architecture, subject to the conditions as recommended by Planning staff.]

ITEM ON THE AGENDA IS ITEM NUMBER FIVE.

SO TO THE AUDIENCE THAT ARE HERE FOR THIS ITEM, JUST SO YOU KNOW HOW THIS WILL WORK, A STAFF WILL MAKE HER PRESENTATION, THE APPLICANT WILL THEN GET TO MAKE A PRESENTATION AND THEN WE'LL GO TO THE AUDIENCE.

AND I UNDERSTAND IN TALKING TO CHRISTINE, THERE WAS POSSIBLY ONE PERSON WHO WAS GOING TO SPEAK FOR THE GROUP THAT I WOULD ALLOW THAT PERSON UP TO 10 MINUTES.

IF NOT, THEN WE'LL HAVE A DIFFERENT SPEAKERS WHO CAN SPEAK, BUT WHICH WILL BE A THREE MINUTE TIME LIMIT AT THAT POINT.

SO, OKAY.

CHRISTINE DIOCESE JURORS.

ALL RIGHT, GOOD EVENING COMMISSION.

AS YOU SAID FOR THE ACTION AGENDA, THIS IS AGENDA ITEM NUMBER FIVE, PLH 21 0 0 7 1 CARRIES CAR CARE.

AND THIS IS A REQUEST FOR A PRELIMINARY DEVELOPMENT PLAN, WHICH IS A PROPOSAL REGARDING THE SITE AND BUILDING DESIGN PROPOSE FOR THIS SITE.

I, HERE YOU CAN SEE THE SITE LOCATION AT THE SOUTHEAST CORNER OF COOPER AND PECOS ROADS TO THE NORTH OF THE SUBJECT SITE IS AN EXISTING GAS STATION TO THE EAST IS AN OFFICE DEVELOPMENT AND TO THE SOUTH WEST AND NORTH ARE SINGLE FAMILY.

RESIDENTIAL HOMES HERE SHOWN IN RED IS THE SUBJECT SITE IN 2016, A LITTLE BACKGROUND ON THE SITE IN 2016, IT WAS REZONED TO PLANNED AIR DEVELOPMENT, UH, THAT REZONING ALLOWED FOR C2 COMMUNITY COMMERCIAL USES.

UH, THIS PROPOSAL IS FOR, UH, CARRIE'S CAR CARE, WHICH IS AN AUTOMOTIVE REPAIR FACILITY.

I'VE HEARD THE ZONING, UH, THAT USE IS PERMITTED.

THAT PDP THAT WAS APPROVED AT THE TIME OF THAT REZONING, UH, SHOWED A DIFFERENT LAYOUT THAT WOULDN'T ACCOMMODATE THE PROPOSED USE, WHICH IS WHY WE'RE HERE TO DISCUSS THE PDP FOR SITE LAYOUT AND BUILDING DESIGN, UH, AS MENTIONED, THIS IS THE PDP THAT WAS APPROVED PDP, MEANING PRELIMINARY DEVELOPMENT PLAN, UH, THAT WAS APPROVED

[00:05:01]

IN 2016 WITH THE REZONING.

UH, HERE ON THE BOTTOM OF THE EXHIBIT IS A SUBJECT SITE.

IT WAS A SINGLE, UH, BUILDING PROPOSED, UH, AN INLINE SHOPS WERE NARRATED IN THAT REZONING AS BEING PROPOSED AT THAT TIME.

AND HERE AGAIN, A CLOSEUP OF THE EXISTING PRELIMINARY DEVELOPMENT PLAN.

THESE ARE THE ELEVATIONS THAT ARE CURRENTLY APPROVED.

UH, THEY SHOW, UH, ELEVATION IMPROVEMENTS THAT ARE CONSISTENT WITH THE GAS STATION TO THE NORTH.

YOU'RE LOOKING AT A TILE GABLE ROOF, A LITTLE FRONT FACADE ACCESS UP IN THE PEAK OF THAT, UH, GABLE, UH, A LOT OF STOREFRONT WINDOWS, TRELLIS IMPROVEMENTS, OR CHARLES CANOPIES OVER THE STOREFRONT WINDOWS AS WELL AS ON THE SIDE ELEVATIONS.

SO THIS IS THE WEST ELEVATION AND THE NORTH OF THE EXISTING PDP.

AND NOW WE ARE LOOKING AT THE PROPOSAL FOR TONIGHT.

THIS IS THE PROPOSED SITE LAYOUT.

YOU CAN SEE IT'S STILL ONE BUILDING, UH, BUT A SLIGHTLY DIFFERENT LAYOUT.

THE PRIMARY CHANGES PERTAIN TO THE SETBACKS WHICH HAVE GROWN EXCEPT FOR THE SET BACK FROM COOPER ROAD, THE BUILDING SIZE, WHICH HAS SHRUNK FROM THE EXISTING PDP AND THE BUILDING FENESTRATION HAS OF COURSE CHANGED TO ACCOMMODATE THE PROPOSED USE.

HERE'S THE PROPOSED ELEVATION FOR TONIGHT.

THE MATERIALS ARE SIMILAR TO WHAT IS OUT THERE IN THAT CENTER NOW, WHICH IS WHAT WE LOOK FOR COORDINATING MATERIALS AND BUILDING DESIGN.

THEY'RE STILL PROPOSING THAT GABLE ACCENT, ROOF DESIGN, AND THEN REMAINING FLAT PEAR PIT ROOF, AND A STONE VENEER USED FOR THE FACADE AS AN ACCENT MATERIAL, AS WELL AS TRELLISES AND VINES GOING UP ON THE FACADES.

UH, HERE'S THE WEST ELEVATION THAT WILL BE FACING COOPER.

AND I'M SORRY IF I STEPPED BACK ONSIDE ON TOP, HERE IS THE NORTH ELEVATION, THE LARGE DARK AREA.

THAT'S THE OVERHEAD DOOR THAT IS PROPOSED TO ACCOMMODATE, UH, THE BAY WHERE VEHICLES WOULD BE WORKED ON.

UH, SO NOW I JUST PUT THE TWO, UH, EXHIBITS SIDE BY SIDE, JUST TO HELP YOU UNDERSTAND, UM, ON THE LEFT IN BLUE, YOU HAVE THE EXISTING PRELIMINARY DEVELOPMENT PLAN AND ON THE RIGHT IS WHAT IS PROPOSED.

UH, WHAT I'VE CALLED OUT ARE THE SETBACKS.

SO TO THE NORTH, UH, IT'S A SUBSTANTIAL INCREASE IN THE SETBACK TO 65 FEET, THE SAME WITH THE EAST TO 52 FEET AND TO THE SOUTH WHERE THEIR NEIGHBORS ARE, IT'LL BE AN 88 FOOT SETBACK, UH, THAT AS SHOWN IS, UH, PROPOSED TO BE LANDSCAPED.

THE ONLY SETBACK, AS I'VE MENTIONED, THAT DECREASES HIS RELATIONSHIP TO COOPER ROAD HERE.

AGAIN, YOU SEE THE PROPOSED, UH, INTERNAL LAYOUT, YOU SEE THE, UH, REPAIR BAYS FOR THE VEHICLES AND YOU SEE THE ONLY POINT OF ENTRANCE TO THAT BUILDING, BEING TO THE NORTH BUILDING SIZE AND HEIGHT CHANGES ON THE LEFT.

AGAIN IS THE EXISTING.

YOU CAN SEE IT WAS A LITTLE BIT LONGER AND LARGER OF A BUILDING 14,000 SQUARE FEET THAT KIND OF SPOKE TO A MORE PASSIVE C2 COMMERCIAL USES, BUT ALSO SOME USES THAT HAVE BEEN KNOWN TO BE A NUISANCE, FOR EXAMPLE, A LATE NIGHT RESTAURANT, IF THEY HAVE OUTDOOR PATIO, UM, BUT ALSO QUIET OR USES LIKE AN OFFICE, UH, ON THE RIGHT IS THE PROPOSED, UH, EXHIBIT AND BUILDING FOOTPRINT, WHICH HAS SHRUNK TO 8,400 APPROXIMATELY SQUARE FEET BELOW THAT.

I GO OVER THE HEIGHT DIFFERENCES.

SO, UH, THERE'S A RANGE OF HEIGHT, OF COURSE, WITH THE PEAR PIT DESIGN.

UH, THE PROPOSED HEIGHT IS ACTUALLY JUST A HAIR SHORTER, UH, THAN THE EXISTING AND THE SOUTHERN ELEVATION, WHICH IS CLOSEST TO YOU TO THE NEIGHBORS WILL BE JUST OVER 20 FEET.

AND IT WILL GO UP TO A PEAK OF 30 FEET, UH, AT THAT RIDGE OF THE PROPOSED GABLE ACCENT OVER THE ENTRANCE.

AND TO COMPARE SIDE-BY-SIDE, HERE ARE THE EXISTING AND PROPOSED BUILDING ELEVATIONS.

YOU CAN SEE AGAIN, THAT SHORTENED ELEVATION BECAUSE THE BUILDING HAS SHRUNK SUBSTANTIALLY.

UM, YOU KNOW, THEY SHOULD BE SWITCHED, UH, ON THE RIGHT SIDE IS THE NORTH ELEVATION.

SO YOU ACTUALLY HAVE TO COMPARE THAT, UH, YOU HAVE TO KIND OF CROSS THE SCREEN, UM, BUT YOU SEE THE BIG DIFFERENCE.

THERE IS THE OVERHEAD DOOR THAT'S PROPOSED, UH, SLIGHTLY DIFFERENT DESIGN, BUT OVERALL FOLLOWING THE SAME SCHEME AS IT CURRENTLY APPROVED.

AND THEN IF WE CROSS FROM THE TOP LEFT TO THE BOTTOM, RIGHT? UH, THE MAIN DIFFERENCE WITH THE WEST ELEVATION IS THE DROP IN WINDOW FENESTRATION OR AMOUNT OF STOREFRONT GLAZING THERE, UH, TO ACCOMMODATE AND HIGH TO SCREEN, UH, THE AUTOMOTIVE USE.

SO MOVING FORWARD INTO, UM, MORE THE PUBLIC INVOLVEMENT AND NOTIFICATION PROCESS, THE APPLICANT STARTED AS PROCESS, UH, LAST FALL, UH, THEY HELD THE TWO NEIGHBORHOOD MEETINGS AND OCTOBER

[00:10:01]

WAS THE FIRST MEETING WHERE WE RECEIVED NUMEROUS CONCERNS FROM RESIDENTS WHO ATTENDED THE MEETING AND HEARD ABOUT THE AUTO REPAIR GOING IN AT THAT POINT.

A LOT OF THE CONCERNS WERE VOCALIZED ABOUT THE USE, UH, AND WE, UH, COACH AND WORK WITH THE RESIDENTS TO KEEP THE, UM, COMMENTS ABOUT POSITION RELATING TO THE SITE AND BUILDING DESIGN, UM, WHICH THEY'VE DONE A GOOD JOB, UH, DOING, UH, AFTER THAT NEIGHBORHOOD MEETING, WHERE WE STARTED GETTING THOSE CONCERNS FROM THE RESIDENTS, WE ADVISE THE APPLICANT TO PERFORM A SOUND STUDY ON THE PROPOSED USE, AND THEN A UP MEETING WAS HELD BY THE APPLICANT TO REPORT THE FINDINGS OF THAT STUDY.

UM, HOWEVER, TODAY THERE ARE STILL CONCERNS REGARDING THE NOISE, UH, AS IT IS CREATED BASED ON THE SITE DESIGN, THE BUILDING DESIGN, UH, A BULLETED LIST OF SOME OF THE MAIN CONCERNS THAT WE'VE HEARD FROM NEIGHBORS.

UH, FIRST BULLET GOES OVER THAT WE HAVE A PETITION, UH, THAT WAS ATTACHED TO YOUR STAFF MEMO.

UH, MR. RUSSO WHO'S HERE TODAY, PREPARED THAT PETITION AND TOOK IT AROUND TO 114, I BELIEVE, UH, NEIGHBORS OF THE 114, 110 SIGNED.

UH, THE MAIN CONCERNS THAT WE'VE HEARD FROM OTHER INDIVIDUALS AS INCLUDED IN THAT PETITION AND THEN VIA CALLS AND EMAILS RELATED TO THE NOISE LEVEL OF PNEUMATIC TOOLS, UH, BEING A DISRUPTION TO THEIR, UM, YOU KNOW, TRANQUIL, MORE CALM, QUIET NEIGHBORHOOD, UH, THE ADDITIONAL VEHICLES THAT WILL BE FREQUENTING THE ESTABLISHMENT, UH, ADDITIONAL NOISE FROM TOW TRUCKS, BACKUP ALARMS, ET CETERA, THAT CAN BE ASSOCIATED WITH THE USE PERMITTED USE.

UM, TESTING CARS IN NEARBY NEIGHBORHOODS WAS A CONCERN.

UM, AND THEY SPOKE OUT TO CONFIRM THAT THEY ARE IN SUPPORTED THE EXISTING PDP, WHICH SPOKE TO MORE PASSIVE USES, EVEN THOUGH THEY UNDERSTOOD.

SOMETIMES YOU COULD ALSO GET A MORE OF NOXIOUS USE AND THAT SETBACK IS TIGHTER TO THE SOUTH THERE.

THEY MENTIONED THAT THE EXISTING PDP PROVIDES A BUFFER.

UH, THEY LIKED SEEING THAT THERE WAS A BUILDING THAT CONTAINED A USE AND THAT USE APPEARED TO BE QUIETER IN NATURE BETWEEN THE LOUDER GAS STATION TO THE NORTH AND THAT WITH THIS PROPOSAL, ALTHOUGH THEY HAVE THAT 88 FOOT SETBACK TO THE SOUTH, THEY WERE LOOKING FOR A MORE, UM, A MORE INTEGRATED TRANSITION THAT, THAT BUILDING AS WELL, INSTEAD OF A HIGHER SCALE USE AND A LANDSCAPE BUFFER, UH, AND MANY REPORTED JUST SIMPLY THAT THEY CHOSE THIS AREA OF CHANDLER TO LIVE FOR THE QUIETER LOCATION AND THE MINIMAL COMMERCIAL DEVELOPMENT THAT SURROUNDING I, AND OF COURSE, FOR THAT REASON, THEN OPPOSE THE CHANGE TO THE PDP.

UH, AGAIN, JUST HOPPING BACK, UH, IF NECESSARY FOR REFERENCE TO SHOW YOU THIS SITE LAYOUT AND THE SURROUNDING HOMES, OFFICES, AND THE MORE INTENSE USE TO THE NORTH AND QUICKLY JUST BACK TO THE EXISTING AND PROPOSED.

UH, AND I'LL BRIEFLY GO OVER THE SOUND STUDY, BUT WE DO HAVE, UH, THE APPLICANT AND THE CONSULTANT WHO PERFORMED THE SOUND STUDY HERE TO EXPLAIN IN DETAIL, BUT THIS REALLY SHOWS THE, HOW WE'RE REVIEWING THIS FROM BUILDING DESIGN AND SITE DESIGN.

THESE CONTOURS ARE A RESULT OF THE SINGLE DOOR PROPOSED TO THE NORTH VERSUS TO THE SOUTH, OR, YOU KNOW, TWO OR MORE DOORS.

UM, YOU CAN SEE THAT IT IS PUSHING THE NOISE TO THE NORTH FURTHER AWAY FROM THE RESIDENCE.

UH, HERE, ANOTHER IS A SNAPSHOT FROM THE SOUND STUDY IN THE CHART ON THE LEFT, IT GOES OVER THE DECIBEL LEVEL THAT WERE, WAS MEASURED AT CERTAIN LOCATIONS ON THE SITE.

UM, THE HIGHEST OF THESE BEING 53.8 AND THEN ON THE RIGHT FOR YOU TO KIND OF HAVE AN IDEA OF WHAT THAT EQUATES TO THIS CHART SHOWS IT BETWEEN QUIET OFFICE, NORMAL CONVERSATION AND BEING OF A COMFORTABLE LEVEL.

UM, THIS IS, UH, DECIBELS ON AVERAGE DBA.

UM, SO OF COURSE THERE ARE HIGHER NOISE POINTS AND LOWER NOSE POINTS, WHICH I WILL LET THE CONSULTANT EXPLAIN IN DETAIL.

UH, AND THIS, UH, THE LAST CHART FROM THE STUDY IS JUST SIMPLY WHERE THEY NOTED THE DIFFERENCE IN SOUND LEVELS BASED ON NO DEVELOPMENT TODAY AND WHAT THE DEVELOPMENT WOULD BRING.

AND IT IS A, UH, IMPACT THAT THEY SAY HAS NO, NO EFFECT, UH, NO MEASURABLE EFFECT TO THE RESIDENTS BASED ON THEIR STUDY, AS PART OF THE NOISE STUDY, THEY MENTIONED NOISE CONTROL MEASURES, AND WON'T GO TO END UP IN THESE, THE, SOME OF THESE ARE RELATING TO USE, WHICH WE CAN'T APPLY BEING THAT THIS PDP PERTAINS ONLY TO SITE AND BUILDING DESIGN FOR THE RECOMMENDATIONS VIA THE SOUND STUDY THAT PERTAIN TO USE THAT WE CAN'T STIPULATE.

THE APPLICANT HAS PROVIDED

[00:15:01]

A LETTER OF COMMITMENT, UH, SIMPLY THAT THEY AGREE TO FOLLOW TO THE BEST OF THEIR ABILITY.

UH, THE MORE USE ORIENTED RECOMMENDATIONS OF THAT SOUND STUDY, AND THE APPLICANT BROUGHT THAT TODAY.

SO I CAN PASS THAT UP KNOWING THAT, UH, THEY WERE NOT ABLE TO OFFER STIPULATIONS RELATING TO USE THE APPLICANT, TOOK IT UPON THEMSELVES TO DO THAT, TO TRY TO RESPOND FURTHER TO CONCERNS OF THE RESIDENTS, UM, RECOMMENDATIONS NUMBER FOUR AND FIVE OF THE SOUND STUDY WE WERE ABLE TO STIPULATE.

SO THOSE ARE IN THE STIPULATIONS.

UH, SO OUR, OUR STANDARD SLIDE HERE FOR CONFORMANCE, WHEN WE LOOK AT THE GENERAL PLAN, IT ALLOWS FOR, UM, WELL, THEY USE IS PERMITTED, BUT THE DESIGN OF THE SITE AND BUILDING ARCHITECTURE ARE IN LINE WITH OUR GUIDANCE FOR QUALITY DESIGN.

UH, SO WE ARE SAYING THAT IT IS CONSISTENT WITH THE GENERAL PLAN, WHICH MEANS THAT WE WOULD RECOMMEND IT FOR APPROVAL, ALTHOUGH RECOGNIZING THE CONCERNS OF RESIDENTS HERE TODAY.

UH, AND THEN I HAVE A STIPULATION SIDE, UH, AFTER SPEAKING WITH THE APPLICANT, THEY'VE AGREED TO ADD TWO ADDITIONAL, UH, STIPULATIONS, UH, STIPULATION NUMBER 14 WOULD MORE STRICTLY CONFIRM THAT REPAIR ON VEHICLES WILL ONLY TAKE PLACE IN THE LOCATIONS SHOWN IN THE SITE EXHIBIT.

UH, THOSE LOCATIONS BEING ONLY LOCATED INSIDE THE BUILDING, AND THEY AGREED TO ENHANCE THE SOUTH AND EAST ELEVATIONS, UH, TO BE MORE IN LINE WITH THE, UH, WEST ELEVATION THAT'S PROPOSED, UH, THE OTHER STIPULATIONS.

I JUST LIKE TO GO OVER THOSE QUICKLY, THERE ARE 13 PROPOSED, AND THEN THE TWO ADDITIONAL THAT I JUST WENT OVER, UH, STIPULATION NUMBER SIX, GOES OVER HOW ADDITIONAL MEASURES WILL BE TAKEN TO INSULATE AND SOUNDPROOF.

THE AIR COMPRESSOR.

NUMBER SEVEN, CONFIRMS THAT THE SITE WILL BE MAINTAINED IN A CLEAN AND ORDERLY MANNER.

UH, NUMBER NINE, UH, STIPULATES THAT ONLY ONE OVERHEAD DOOR WILL BE PERMITTED ON SITE AS SHOWN IN THEIR EXHIBITS.

AND IT WILL BE LIMITED TO THE NORTH FACADE AND FURTHER, UH, THAT IT SHALL REMAIN CLOSED, EXCEPT WHEN VEHICLES ARE MOVED FOR SERVICE OR FOR OTHER NECESSARY OPERATIONAL NEEDS, STIPULATION 10, UH, EXPLAINS THAT THERE'S A LANDSCAPE BUFFER ALONG THE SOUTH PROPERTY LINE.

YOU CAN SEE HERE AND THAT BUFFER WILL BE MAINTAINED THAT THOSE TREES ARE TO REMAIN.

UH, THAT WAS YOUR REQUEST TO THE RESIDENCE.

FURTHER STIPULATION.

11 CONFIRMS THAT IF A TREE NEEDS TO COME OUT AS PART OF, YOU KNOW, CONSTRUCTION OR GRADING THERE'S ISSUES, AND ONE DIES, IT SHALL BE REPLACED IN KIND, UH, THAT MEANS AT PLANTING, IT WOULD BE A 36 INCH BOX AND A MINIMUM 36 INCH BOX IN 12 FEET IN HEIGHT.

UH, BUT ADDITIONALLY, IT WOULD HAVE THE FOLIAGE TO PROVIDE SCREENING ON THAT DAY.

THAT IS COMMENSURATE WITH WHAT IT WOULD BE REPLACING STIPULATION 12, CLARIFIES THAT ALONG THE SOUTH PROPERTY LINE, AN ADDITIONAL ROW OF TREES WILL BE PROVIDED, AND IT WILL BE OFFSET FROM THE TREES THAT ARE SHOWN THERE AND EXISTING NOW.

AND THAT WILL BE TO HELP WITH SOUND ATTENUATION AND FURTHER SCREEN THE LAND USE AND STIPULATION NUMBER 13 FURTHER CLARIFIES THAT SUPER EMBARRASSING POTENTIAL SPAM, LIKE COME ON SILENT MODE ON, SORRY ABOUT THAT LAST STIPULATION NUMBER 13, UH, ALL NEW TREES THAT ARE REQUIRED TO BE PLANTED TO BRING THE SITE UP TO LANDSCAPING CRITERIA ALONG THE ARTERIAL, AND TO MEET THE STIPULATIONS ALONG THE SOUTH PROPERTY LINE WILL ALSO BE A MINIMUM OF 36 INCH BOX AND 12 FEET AT HEIGHT.

UH, THAT STIPULATION ALSO CLARIFIES THAT THEY WILL BE MAINTAINED THROUGHOUT THE LIFE OF THIS PROPERTY, UH, SUCH THAT THEY BLACK VIEW OF THE PROPOSED BUILDING FROM SURROUNDING RESIDENTIAL PROPERTIES.

SO WITH THAT, UM, WITH THOSE RECOMMENDED STIPULATIONS, UH, OTHER, WE RECOGNIZE AND RECOGNIZE THE CONCERNS OF RESIDENTS AND APPRECIATE THEIR INVOLVEMENT AND ATTENDANCE HERE TODAY TO SPEAK.

WE DO RECOMMEND THIS FOR APPROVAL, AS IT DOES ALIGN WITH THE GUIDANCE OF THE GENERAL PLAN QUESTIONS OF STAFF.

CHRISTINE, I DO HAVE A CLARIFICATION, OR YOU CAN CLARIFY FOR THE AUDIENCE

[00:20:01]

AS WELL.

THIS IS A PDP.

IT'S NOT A, IT'S NOT A ZONING.

THE ZONING IS ALREADY IN TERMS OF, IS IN PLACE.

CAN YOU TALK ABOUT THE TYPES OF USES THAT WERE ORIGINALLY PROPOSED? WHAT COULD HAVE GONE IN, COULD THIS BEEN A DRY CLEANERS? COULD THIS BEEN A RESTAURANT WITH MUSIC ON THE INSIDE? COULD HAVE THE BEEN A GYM, WHAT COULD HAVE GONE INTO THAT SITE? WELL, I CHAIR, THANK YOU.

YOU HAVE ESSENTIALLY ANSWERED THAT QUESTION.

UH, THOSE USES ARE PERMITTED UNDER THE C2 COMMERCIAL COMMUNITY COMMERCIAL USES.

UM, A RESTAURANT COULD GO IN, AS YOU SAID, AN OFFICE, PERSONAL SERVICE FACILITIES, UH, DRY CLEANERS, CLOTHING MANUFACTURER, UM, INDOOR RECREATIONAL CLUBS, UH, ASSEMBLY HALLS, A VARIETY OF USES.

SO A LOT OF THEM IN THEORY, YOU'RE NOT TOTALLY QUIET EITHER POTENTIALLY.

I MEAN, THEY'RE NOT, YOU KNOW, IT'S NOT A BAND PLAYING OUT ON THE STREET, BUT, CORRECT.

CORRECT.

OKAY.

OKAY.

I JUST WANT TO CLARIFY THAT.

SO COOL.

ANY OTHER QUESTIONS FOR STAFF? OKAY, WELL, QUARTERLY APPLICANT, I'M SORRY, JEFF.

THANK YOU, CHRISTINE.

UM, JUST A QUESTION, THE EXISTING LANDSCAPE THAT OCCURS ON THE SOUTH PROPERTY LINE AGAINST THE HOMES, HOW LONG HAS THAT LANDSCAPE BEEN IN? AND IT SEEMS LIKE, UM, IN WORKING WITH THE RESIDENTS, IT SEEMS LIKE A PERCENTAGE OF THE TREES.

IT WOULD BE ON THAT SOUTH SIDE SCREENING, THE SOUTH FACADE OF THAT PROPOSED FACILITY, PROBABLY A CERTAIN PERCENTAGE SHOULD BE PROBABLY LIKE A 48 INCH BOX.

I WOULD THINK TO GET SOME LARGER SCREENING MATERIALS IN THAT ZONE.

IT'S JUST SOMETHING THAT MIGHT, IT MIGHT BE A GOOD SCREENING IDEA JUST BECAUSE 36 IS, IS OKAY.

BUT I THINK 48 IS MAYBE SOMETHING WORTH CONSIDERING.

OKAY.

UH, THROUGH THE CHAIR.

THANK YOU, COMMISSIONER.

I, IS THIS SOMETHING THAT I, YOU MAY BE SEEKING, UH, IS THE IDEA MAYBE THAT THIS BE STIPULATED TO HAVE THE APPLICANT PROVIDE THAT? UM, WELL, LET THE APPLICANT ADDRESS A LITTLE BIT JEOPARDY WHEN WE GET TO THE MOTION, IF YOU WANT TO ADD A STIPULATION ON THAT, UH, AND 40 INCH, I WOULD ALSO RECOMMEND IF WE'RE DOING 48 INCH BOX, IF THAT'S YOUR PLEASURE, IS THAT THERE'S A PLANNING SIZE AS WELL.

YEAH.

BECAUSE AS WE ALL KNOW WHAT'S GOING ON RIGHT NOW, THAT'S WHY WE STARTED DOING THE 12 FEET.

OKAY.

THANKS.

OKAY.

WE'LL GO TO THE APPLICANT, JUST THE ARROW.

WELL, AT LEAST YOU HAVE SOMEBODY TO HELP YOU WITH THE COMPUTER PART OF IT.

THAT'S MR. CHAIR.

YOU DON'T HAVE THAT KIND OF TIME IF I DIDN'T HAVE THAT.

SO I KNOW THAT THAT'S WHY I'D RATHER HAVE MY PHONE GO OFF THAN BE HERE ALONE.

WOO HOO.

FOR CHRISTINE.

OKAY.

AND BY THE WAY, THAT ALSO HAPPENED TO ME, EVEN THOUGH MY PHONE WAS OFF.

SO I APOLOGIZE, UH, FOR THE RECORD, MY NAME IS JASON MORRIS WITH THE MORRIS ON BEHALF OF THE APPLICANT.

THANK YOU VERY MUCH FOR YOUR TIME.

UH, MR. CHAIRMAN COMMISSION, UH, BEFORE I BEGIN THE PRESENTATION, I'D LIKE TO SAY THAT THERE HAS BEEN, AND OBVIOUSLY STILL IS A LOT OF NEIGHBORHOOD INTEREST IN THIS CASE.

AND I CAN SAY MY EXPERIENCE IN THIS CASE HAS BEEN THAT THE NEIGHBORHOOD'S INPUT HAS ACTUALLY MADE THIS CASE BETTER, WHICH IS NOT UNUSUAL.

UH, OFTENTIMES AN APPLICANT CAN'T THINK OF EVERY ASPECT OF WHAT CAN OCCUR.

I DON'T KNOW THAT WE'RE, UH, OF ONE OF LIKE-MIND ON THIS CASE WITH THE NEIGHBORHOOD, BUT WE CERTAINLY HAVE BENEFITED FROM SOME OF THEIR COMMENTS AND THE STAFF POINTED OUT MUCH OF WHAT THEY'VE COMMENTED ON HAS ALSO BEEN INCORPORATED IN STIPULATIONS AND THE CASE ITSELF, UH, WANT TO TALK TO YOU A LITTLE BIT ABOUT THE APPLICANT? UH, THIS IS FOR CARRIE'S CAR CARE CARRIES THIS AS YOU MAY OR MAY NOT KNOW, IS THROUGHOUT THE VALLEY AND HAS SIX LOCATIONS AND OTHER SURROUNDING JURISDICTIONS.

UM, THIS IS A NEIGHBORHOOD USE AND THIS IS NOT A MASSIVE FACILITY IS WE'LL GET INTO A LITTLE BIT LATER AS WE LOOK AT THE SIZE OF THE BUILDING AND THE SQUARE FOOTAGE VERSUS WHAT IS ALREADY APPROVED ON THIS SITE.

HOPEFULLY YOU'LL SEE THAT THIS IS TRULY A NEIGHBORHOOD USE.

THEY DRAW FROM A TWO MILE AREA.

AND ONE OF THE REASONS IT'S SO IMPORTANT TO THEM TO BE A GOOD NEIGHBOR IS BECAUSE IN FACT, THESE NEIGHBORS ARE THEIR CLIENTS AND THEIR FUTURE CLIENTELE.

AS WE LOOK AT THE SITE ITSELF, AND I KNOW STAFF COVERED THIS, SO I'LL TRY AND BE BRIEF, UH, IN TERMS OF THE LOCATION, IT'S APPROXIMATELY AN ACRE AND A HALF, UH, YOU'VE SEEN THE SURROUNDING USES IT.

IT'S A TYPICAL ARTERIAL ARTERIAL, AND THAT WE HAVE COMMERCIAL AT THIS CORNER.

THIS IS, UH, THIS PORTION

[00:25:01]

IS A COMMERCIAL NODE THAT HAS BOTH OFFICE AND TRADITIONAL RETAIL, AS WELL AS, UM, A GAS STATION USE ON THE CORNER.

AS WE LOOK AT THE SURROUNDING AREA, WE ALSO RECOGNIZE WE DO HAVE A, UH, RESIDENTIAL USE TO OURSELF, UH, AS WELL AS TO OUR WEST.

UH, BUT AS THE CHAIRMAN POINTED OUT AND I'LL PROBABLY EMPHASIZE NUMEROUS TIMES DURING THIS PRESENTATION, THIS IS A PDP CASE.

UH, I'VE LEARNED FROM THIS COMMISSION, WHAT I AM PERMITTED TO SPEAK ABOUT DURING A PDP CASE, AND WHAT WOULD BE PART OF THE ZONING CASE.

IN THIS INSTANCE, I WILL DIRECT MY COMMENTS TO THE PDP PORTION BECAUSE THAT IS WHAT IS AT ISSUE TODAY, UH, RATHER THAN IN 2016, WHEN THE ZONING WAS DECIDED, AND THE USES WERE DECIDED FOR THIS SITE, AS WE LOOK AT THE GENERAL PLAN MAP, I, I, AGAIN, STAFF DID A VERY GOOD JOB EXPLAINING THE, THE GENERAL PLAN AND THE FIT OF THIS USE INTO THIS PARTICULAR PARCEL.

JUST WANTED TO PULL OUT A FEW PORTIONS OF THE GENERAL PLAN ITSELF, SHOWING THAT THAT THIS IS THE NEIGHBORHOODS ISH, UH, AREA.

AND WITHIN THAT, THAT COMMUNITY COMMERCIAL IS APPROPRIATE.

COMMERCIAL OF THIS TYPE IS APPROPRIATE, WHICH IS WHY WE'RE LOOKING AT AN EXISTING C2 ZONE SITE.

AS I MENTIONED, UH, THIS SITE ALREADY HAS THAT ZONING DESIGNATION AND THIS HAD THAT DESIGNATION FOR SOME TIME AND IS ADJACENT TO SIMILAR AND SIMILARLY SITUATED PROPERTIES.

AS WE LOOK AT THAT PERMITTED USES, YOU KNOW, I WANTED TO BE CLEAR THAT THIS PARTICULAR USE, IT'S NOT AN ANALOGOUS USE.

WE'RE NOT TALKING ABOUT THINGS THAT WERE IN THE ZONING ORDINANCE, UNDER C2 THAT WERE CLOSE TO THIS TYPE OF USE.

IN FACT, CAR CARE AND SERVICE CENTERS ARE, UH, SPECIFICALLY DELINEATED AS APPROVED USES IN THIS AREA, UH, EXCLUDING BODY SHOP TYPE USES.

SO THIS REQUEST IS SOLELY THE PRELIMINARY DEVELOPMENT PLAN, WHICH IS WHY WE HAVE TRIED TO FOCUS ON THE SITE PLAN ITSELF, THE ARCHITECTURAL, THE LAYOUT AND THE LANDSCAPING, ALL OF WHICH ARE BEFORE YOU AS PART OF OUR REQUEST FOR THIS CASE.

UH, AS YOU CAN SEE, WE'VE INCORPORATED MATERIALS.

UH, AGAIN, THIS IS DRAWING FROM THE PALLET THAT ALREADY EXISTS.

UH, NOT TO SAY THAT IT CAN'T BE IMPROVED UPON.

AND WE HAVE HAD COMMENTS FROM STAFF THAT HAVE RESULTED IN A BETTER OVERALL ELEVATION AND DESIGN AND AN INCORPORATION OF MATERIALS, SO THAT IT IS IN KEEPING WITH WHAT IS ON SITE.

UH, THE PROPOSED DEVELOPMENT ITSELF IS A CAR CARE CENTER.

UH, I WOULD HOPE THAT YOU AS COMMISSIONERS HAVE VISITED CAR CARE CENTERS AND AT SOME POINT IN YOUR PAST, AND YOU UNDERSTAND HOW THOSE ARE OPERATED.

UH, AND YOU ALSO RECOGNIZE THE SCALE OF THESE, THIS TYPE OF OPERATION IS AT A NEIGHBORHOOD SCALE.

THIS IS NOT A MASSIVE NUMBER OF BAYS.

THIS IS CERTAINLY NOT FLEET CARE.

THIS IS SCALE THAT A NEIGHBORHOOD SIZE, THERE'S A TOTAL OF EIGHT LIFTS.

AND I'LL POINT OUT THE SOUND STUDY THAT WAS REFERRED TO PREVIOUSLY BY STAFF.

AND WE'LL REFER TO IN LITTLE WHILE THAT SOUNDS STUDY WAS CONDUCTED, ASSUMING ALL EIGHT LIFTS HAD CARS AND ALL EIGHT LIFTS HAD CARS BEING WORKED ON SIMULTANEOUSLY.

SO THAT'S WHERE THESE NOISE SAMPLINGS AND THESE PARAMETERS COME FROM.

UH, SO THAT WAS ANTICIPATED EIGHT LIFTS.

IF YOU'VE BEEN TO A DEALERSHIP IS A RELATIVELY SMALL CAR CARE CENTER.

YOU KNOW, IT WAS WORTH NOTING THAT WE ARE LESS THAN 20% COVERAGE.

UM, AS YOU SAW FROM THE PREVIOUS NUMBERS THERE, UH, WE WERE ALLOWED UP TO 55%, LOT COVERAGE WHERE APPROXIMATELY 18%, LOT COVERAGE.

SO WE'RE CERTAINLY NOT MAXIMIZING THE USE OF THIS SITE, WHICH ALSO PERMITS FRANKLY, A LOT OF OPEN SPACE AND THAT LANDSCAPED AREA TO OUR SOUTH, UH, BETWEEN THE RESIDENTIAL AND THIS SITE, YOU KNOW, I'VE GONE TO THE LANDSCAPING PLAN.

SO WE CAN TAKE A LOOK AT THAT AND HOW THAT, WHAT THE INTERPLAY IS WITH THIS SITE.

I THINK WHAT STRUCK OUR OFFICE, WE'RE FORTUNATE TO PRESENT THESE CASES IN FRONT OF YOUR PLANNING COMMISSION, AS WELL AS OTHERS.

I DON'T KNOW THAT I'VE SEEN A USE THAT HAS HAD THIS MUCH OF A BUFFER, UH, THIS USER OR ANY OTHER TYPE OF USE OR RETAIL USE UP AGAINST COMMERCIAL.

OFTENTIMES THE ONLY BUFFER YOU'LL SEE IS EITHER PARKING LOT OR A ROAD TREES, UH, WITH A CMU BLOCK WALL.

THIS PARTICULAR SITUATION IS NOT ONLY A VERY GENEROUS BUFFER, BUT IT'S, UH, YOU KNOW, FROM A LAND USE PERSPECTIVE ALSO SIGNIFICANTLY SUPERIOR TO THE EXISTING PDP

[00:30:01]

IN TERMS OF THE PROXIMITY OF THE BUILDING AND THE PARKING TO THE RESIDENTIAL, UH, ADJACENT TO THE SOUTH, TO GIVE YOU AN IDEA OF HOW IT WOULD THIS SITE PLAN FALLS INTO THE OVERALL.

WE'VE DROPPED THIS IN AN AERIAL TO GIVE YOU A SENSE OF THE PROXIMITY, UH, TO SHOW THAT DISTANCE, TO SHOW THE LANDSCAPING PALLET, UH, BUT ALSO TO SHOW FORTUNATELY OUR, OUR NEIGHBOR TO THE SOUTH IS OPEN SPACE, UH, UP AGAINST COOPER ROAD, UH, ESSENTIALLY TWO AND A HALF LOTS ADJACENT TO THE SOUTH.

AND THEN OUR NEIGHBOR TO THE EAST IS THE OFFICE COMPLEX.

WHILE OUR NEIGHBOR TO THE NORTH IS AN EXISTING GAS STATION FACILITY.

UM, AS YOU'RE AWARE, OUR ACTIVITY IS TO THE NORTH AT THIS ELEVATION, IT GIVES YOU A SENSE OF OUR, OUR ONLY DOOR FOR ACCESS FOR THOSE CARS THAT IS FACING OUT TOWARD PAKOS.

UM, AND AS THE STIPULATIONS HAVE POINTED OUT, THAT WOULD BE CLOSED DURING OPERATION AND ONLY OPEN FOR EITHER THE INGRESS OR THE EGRESS OF THE CARS BEING WORKED ON.

STAFF POINTED OUT THAT THE CITIZEN PARTICIPATION HERE HAS, HAS BEEN VIGOROUS.

AND I'M SURE WE WILL HEAR SOME OF THEIR CONTINUING CONCERNS, BUT FRANKLY IT WAS THAT NEIGHBORHOOD INITIAL MEETING THAT DREW OUR ATTENTION TO WHAT NEEDED TO BE DONE, NOT ONLY IN TERMS OF ADDITIONAL TREES, UH, AND TO TAKE ADVANTAGE OF THE LANDSCAPING THERE, BUT ALSO TO BRING IN AN ACOUSTIC STUDY SO THAT WE COULD GET A SENSE OF WHAT WOULD BE THOSE CONCERNS.

AND IF THERE ARE ANY AMELIORATING FACTORS THAT WE CAN ADD TO THE CASE PRIVATELY BEYOND THE STIPULATIONS, IF THERE ARE OPERATIONAL THINGS THAT CAN BE DONE THAT MAKE US A BETTER NEIGHBOR.

AND FRANKLY, WHILE WE CAN SUGGEST THOSE AS, AS THE APPLICANT TEAM, REALLY THE OPERATOR CARRIE'S CAR CARE IS THE ONE THAT NEEDS TO SIGN OFF ON THOSE.

AND FORTUNATELY, I THINK YOU HAVE A LETTER IN FRONT OF YOU THAT TALKS ABOUT THEIR COMMITMENT AND WHAT THEY HAVE AGREED TO DO OPERATIONALLY BEYOND THE STIPULATIONS OF THE CASE AFTER THE FIRST MEETING.

AND BECAUSE OF THOSE CONCERNS, UH, THE NEIGHBORS DID FILE A PETITION.

WE TOOK A LOOK AT WHAT THOSE CONCERNS WERE LISTED WITHIN THE PETITION.

UH, MANY OF THEM NOT SURPRISINGLY ARE USE BASED.

UM, AND I DO NOT FAULT THE NEIGHBORHOOD FOR THAT.

IT, IT IS SOMEWHAT A CONFUSING PROCESS.

THIS IS A PUBLIC HEARING, AND WE'RE TALKING ABOUT A NEW BUILDING ON THIS SITE.

SO IT'S NATURAL THAT YOU WOULD GO TOWARD THE USE AND YOU WOULD VEER TOWARD WHETHER THIS IS ZONING IS IN FACT AT ISSUE.

BUT AS WE KNOW, THE USE ITSELF IS APPROVED ALONG WITH A HOST OF OTHER USES AND REALLY WHAT THE CONVERSATION THEN BECOMES IS WHAT CAN WE DO TO MAKE THIS USE THE MOST COMPATIBLE, UH, FROM A SITE PLAN, A LANDSCAPE STANDPOINT, BUT ALSO AS YOU'VE SEEN, WHAT ELSE CAN WE DO AS A NEIGHBOR TO MAKE THIS A BETTER USE? AT THE SECOND MEETING, WE DISCUSSED THAT NOISE STUDY.

WE DISCUSSED THE STATUS OF THE EXISTING ZONING, AND WE HAVE TRIED TO ADDRESS THOSE CONCERNS EVER SINCE IN TERMS OF THE SCALE, THIS WAS THE 2016 PDP.

UH, YOU CAN SEE IT'S A LONGER BUILDING.

THE BUILDING IS ALMOST TWICE THE SIZE.

I THINK IT'S AN 8,000 VERSUS ABOUT A 14,000 SQUARE FOOT BUILDING.

UH, SO A LITTLE LESS THAN TWICE THE SIZE, UH, IN TERMS OF THE CIRCUMFERENCE OF THE BUILDING, THE SHAPE OF THE BUILDING, BUT MORE IMPORTANTLY, THE PROXIMITY OF THE BUILDING AND THE PARKING TO THE RESIDENCE TO THE SOUTH IS SIGNIFICANTLY CLOSER.

UM, THIS SIDE-BY-SIDE COMPARISON IS PROBABLY, UH, THE BEST INDICATION OF WHAT THE CHANGES, AND I KNOW YOU'VE SEEN THEM IN YOUR STAFF REPORT, BUT SOMETIMES WHEN YOU SEE WHAT 40 EXTRA FEET LOOKS LIKE, UH, GRAPHICALLY, IT IS MUCH MORE COMPELLING THAN JUST SEEING IT IN A NUMBER FORM.

SO IS WE'D LOOK AT THE EXHIBIT ON THE LEFT IS OBVIOUSLY THE EXISTING SITE PLAN.

IT SHOWS THAT BUILDING AND PROXIMITY MORE IMPORTANTLY, IT SHOWS PARKING RIGHT UP AGAINST THE LANDSCAPE TRACT, UH, ADJACENT TO THE WALL OF THE RESIDENCE.

WHEREAS THE PROPOSED EXHIBIT PUSHES THE BUILDING FURTHER AWAY.

IT BRINGS THE BUILDING DOWN IN SIZE, SIGNIFICANTLY, AND INSTEAD OF PARKING, UH, ADJACENT TO THE BACK WALL AND BUILDING IN PROXIMITY, IT'S LANDSCAPING IN THAT AREA.

UH, W WE TALKED A LITTLE BIT ABOUT WHAT THE ELEVATIONS LOOK LIKE.

THIS IS WHERE WE DREW OUR PALETTE IN TERMS OF COLORS, IN TERMS OF MATERIAL, IN TERMS OF GABLES, PARAPETS, AND ROOF STANDARDS.

UH, THE BUILDING ITSELF IS, IS A LOWER BUILDING AT PEAK HEIGHT.

IT'S A SMALLER BUILDING AT PEAK HEIGHT.

IT'S FURTHER AWAY FROM THE RESIDENCE.

AND IT IS, UH, IN TERMS OF SCALE, A MUCH MORE MANAGEABLE SCALE FOR THE AREA.

UH, AGAIN,

[00:35:01]

LOOKING AT THESE COMPARISONS, AND I THINK STAFF WAS KIND ENOUGH TO SHOW YOU THOSE AS WELL.

THESE ARE SMALLER BUILDINGS, UH, TO THE EXTENT THAT THEY HAVE A PEAK IT'S VERY SIMILAR IN ARCHITECTURAL STYLE, UH, BUT TO SOME DEGREES SMALLER, THE ELEVATIONS ALSO TAKE INTO ACCOUNT THE, THE OFFICE, THE SAN TAN CROSSING PROFESSIONAL PLAZA, WHICH IS PART OF THE EXISTING CONDITION, BUT ALSO PART OF THE ARCHITECTURAL VERNACULAR IN THIS AREA, YOU KNOW, THE NOISE STUDY WAS ALLUDED TO THE NOISE STUDY WAS A DIRECT RESULT OF FEEDBACK FROM THE NEIGHBORHOOD.

UH, I AM NOT AN ACOUSTICAL ENGINEER, BUT THIS IS OBVIOUSLY A VERY WELL-WRITTEN VERY PLAIN STUDY THAT GIVES COMPARISONS OF NOISE.

MOST IMPORTANTLY, IT TALKS ABOUT THE EXISTING NOISE AND THE EXISTING CONDITION ON PAKOS AND COOPER AND WHAT THE IMPACT WOULD BE OVERALL, UH, ADJACENT TO THE NEIGHBORS.

UH, IT TAKES INTO ACCOUNT, NOT JUST THE NEIGHBORHOOD TO THE SOUTH, BUT ALSO TAKES INTO ACCOUNT THE NEIGHBORHOOD ON THE WEST SIDE OF COOPER, AS WELL AS WHAT'S OCCURRING ON THE NORTH SIDE OF PAKOS.

AND THE OVERALL CONCLUSION, AS YOU'VE ALREADY HEARD IS THAT THERE IS NO IMPACT, UM, IT'S INFINITESIMAL.

AND IN FACT, THOSE NUMBERS AS THE STAFF REPORT POINTS OUT, EVEN THOUGH THEY ARE ESSENTIALLY FRACTIONS AND WOULD NOT BE NOTICEABLE, UH, AS A NOTICEABLE CONDITION AND CHANGE THOSE CONDITIONS ACTUALLY DON'T TAKE INTO ACCOUNT THE ADDITIONAL STIPULATIONS WHICH STAFF HAS REQUESTED.

AND THAT IS IN FRONT OF YOU IN TERMS OF THE DOOR BEING CLOSED DURING OPERATIONAL HOURS, THAT THE LARGE DOOR FOR THE VEHICLES, AND SOME OF THE OTHER FACTORS SUCH AS PUTTING A CASING AROUND THE, UH, AIR PUMP AND MAKING SURE THERE ARE ROOFING MATERIALS, SOLID DOORS, THAT TYPE OF THING, THOSE WEREN'T INCLUDED IN THE SOUND STUDY.

AND AS I MENTIONED PREVIOUSLY, IT WAS CONTEMPLATED IN THE SOUND STUDY THAT ALL EIGHT BAYS WOULD BE UTILIZED AT ONCE.

THESE ARE THE NOISE CONTROL MEASURES THAT I REFERENCED EARLIER, UH, AND ARE NOW PART OF OUR CASE IN TERMS OF STIPULATIONS OR PART OF THE AGREEMENT WITH THE OPERATOR IN TERMS OF COMPATIBILITY.

YOU KNOW, OFTENTIMES WHEN WE HEAR CONCERNS FROM NEIGHBORS, THE APPROACH IS TO GO KNOCK ON THOSE SAME DOORS AND TRY AND CONVINCE THE NEIGHBORS THAT THOSE CONCERNS ARE UNFOUNDED.

UH, WE TOOK A SLIGHTLY DIFFERENT APPROACH HERE.

WE DECIDED TO VISIT SOME SIMILAR FACILITIES IN ADJACENT RESIDENTIAL AREAS AND TALK TO THE NEIGHBORS ADJACENT TO THOSE FACILITIES, TO GET A SENSE OF WHAT IMPACT, IF ANY HAS OCCURRED.

AND AS YOU CAN SEE FROM THESE, WE COLLECTED NEIGHBORS, UH, IT'S CLEAR FROM THIS EXHIBIT WHERE THOSE NEIGHBORS LIVE IN CONJUNCTION WITH THIS INSTANCE, THE TOM'S AUTO REPAIR ON RIGGS ROAD.

UH, THESE WERE VOLUNTARY STATEMENTS.

THIS WAS OBVIOUSLY, UH, COLLECTED AT OUR BEHEST, BUT AS WE LOOK AT EXISTING CASE STUDIES, WE ALSO WANTED TO INCLUDE A CARIES.

AND THIS IS SIGNIFICANT BECAUSE IN TERMS OF THE CASE STUDY, WE'RE DEALING WITH THE EXACT SAME OPERATOR IN A CONDITION THAT IS ESSENTIALLY NEXT STORE WITH NO BUFFER, NONE OF THE CONTROLS FROM THE STIPULATIONS THAT ARE PART OF THIS CASE, AND NONE OF THE LANDSCAPING AND ADDITIONAL BARRIER STIPULATIONS THAT ARE PART OF THIS CASE, NONE OF THE LETTER OF COMMITMENT YET THE NEIGHBORS WHO ARE CLOSEST TO THIS PROPERTY, AND THAT'S FRANKLY, A HISTORIC DISTRICT IN THE CITY OF PHOENIX, IT'S A VERY SUCCESSFUL, UH, A BEAUTIFUL NEIGHBORHOOD AND SEVENTH AVENUE HAS EXISTING COMMERCIAL.

THAT'S BEEN THERE FOREVER, BUT THIS COMMERCIAL WAS VERY OLD ZONING.

SO THESE ARE SHALLOW LOTS, THESE COMMERCIAL ADJACENT TO RESIDENTIAL REALLY DIDN'T TAKE INTO ACCOUNT SOME OF THE BENEFITS THAT YOU HAVE IN THE CITY OF CHANDLER, WHERE YOUR MASTER PLANNING, LARGER TRACKS.

SO CARRIE'S IS ESSENTIALLY IN A BUILDING THAT HAS BEEN USED OFF AND ON AS AUTO REPAIR FOR A SIGNIFICANT AMOUNT OF TIME, THEY IMPROVED UPON IT.

AND THEN WE WENT OUT AND TALKED TO THOSE NEIGHBORS TO ASK THEM WHAT THEIR EXPERIENCES HAS BEEN LIKE.

AND I ACTUALLY, I THINK IT GIVES SOME SENSE OF AUTHENTICITY THAT ONE OF THE NEIGHBORS, IN FACT, THE CLOSEST NEIGHBOR BEFORE SHE WOULD SIGN, IT SAID, NO, NO, NO, THERE IS AN ISSUE.

AND I WANT TO POINT OUT THAT OCCASIONALLY THERE IS A NUISANCE BECAUSE WE'RE FIGHTING FOR PARKING IN THIS AREA AND THEY SOMETIMES WILL, WILL PARK CARS, UH, NEAR MY HOME.

AND I THOUGHT THAT WAS A VERY HONEST AND INTELLECTUALLY FORTHRIGHT COMMENT TO PUT ON A SUPPORT LETTER.

UH, FORTUNATELY IN THIS INSTANCE, WE HAVE AMPLE PARKING.

[00:40:01]

WE, YOU KNOW, WE HAVE THE BENEFIT OF THIS MASTER PLAN AND WE ARE OVER PARKED IN TERMS OF WHAT'S REQUIRED.

SO THAT GIVES YOU A SENSE OF WHERE WE STAND AND HOPEFULLY WHAT THE REACTION HAS BEEN FROM NEIGHBORS WHO ARE ACTUALLY LIVING NEXT TO EXISTING FACILITIES.

UH, YOU'RE FAMILIAR WITH THIS PROPOSED STIPULATION LETTER.

I BELIEVE IT'S IN FRONT OF YOU.

THESE STIPULATIONS ARE EITHER GOING TO BE PRIVATE COMMITMENTS FROM CARIES OR PART OF YOUR STAFF, A REPORT.

THIS IS THE LETTER ON CARRIE'S LETTERHEAD.

UH, THAT INCLUDES THAT I I'D LIKE TO POINT OUT THAT ONE OF THE THINGS THAT'S PROPOSED HERE AND IS STILL OPEN TO THE NEIGHBORHOOD IS, IS CARRIES HIS, AGREED TO REBUILD AND RES THE COMMON WALL BETWEEN THE TWO PROPERTIES.

UH, AGAIN, NOT A REQUIREMENT OF THE CITY OF CHANDLER, BUT IF THE NEIGHBORS WOULD LIKE TO SEE THAT HAPPEN, THAT IS ALSO PART OF THIS LETTER OF COMMITMENT.

SO WITH THAT, WE BELIEVE WHAT WE'RE PROPOSING AGAIN, AS A PDP, NOT A REZONING CASE IS SOMETHING THAT IS A BETTER USE.

IT IS A BETTER DESIGN.

IT IS BETTER BUFFER.

IT IS BETTER LANDSCAPES.

AND, UH, WE HOPE WILL BE A MUCH SUPERIOR NEIGHBOR AND SUPERIOR PDP TO WHAT WAS APPROVED IN 2016, GIVEN THE INSECURITY AND UNKNOWNS OF WHAT COULD HAPPEN WITH A BUILDING THAT SIZE THAT IS EXISTING C2 AND THE USES THAT COULD BE ASSOCIATED WITH THAT.

SO WE'RE PROUD TO PRESENT THIS CASE.

WE WOULD HOPE FOR YOUR APPROVAL.

UH, WE'RE HAPPY TO HAVE STAFF SUPPORT AND WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU.

QUESTIONS OF THE APPLICANT.

UM, MR. MORRIS, JUST A QUICK QUESTION ON THE SOUTH ELEVATION.

ARE THERE ANY DOORS? I DIDN'T THINK I SAW ANYWHERE.

ARE THERE ANY DOORS IN THE BACK OF THIS PROPERTY? LIKE THERE ARE NOT.

OKAY.

AND THE REASON I WAS ASKING THAT IS WE'VE HAD ISSUES AROUND THE CITY WITH A RESTAURANT WITH THE DOORS LEFT, OPEN, THINGS LIKE THAT.

SO I JUST WANT TO CLARIFY THAT, SO, OKAY.

ANY OTHER QUESTIONS? OKAY.

THANK YOU, MR. CHAIR.

THANK YOU.

WE'LL HAVE YOU COME BACK UP AFTER THE NEIGHBORHOOD, OF COURSE SPEAKERS.

SO, UM, I'VE GOT SEVERAL SPEAKER CARDS.

I THOUGHT THAT MR. RUSSO WAS GOING TO REPRESENT THE AREA.

SO, UM, I JUST, OKAY, THAT'S FINE.

UM, BUT I HAD SOME OTHER CARDS AND I JUST WANT TO MAKE SURE THAT PEOPLE DON'T WANT TO SPEAK THAT YOU'RE GOING TO REPRESENT THEM.

I HAVE A CARD FROM JANINE I'M BAD WITH NAMES DINGUS.

YOU LIKED SPEAKER, WOULD YOU LIKE, OKAY.

ALL RIGHT.

I JUST WANT TO MAKE SURE.

OKAY.

AND THEN I HAVE TIM MERIT.

YOU ALSO LIKE TO SPEAK, OKAY.

UH, I HAVE ONE WITH NO NAME ON IT.

UM, I ALSO HAVE MARIE FRANCE, DOYLE.

DO, WOULD YOU LIKE TO SPEAK TO YOU? WANT TO? OKAY.

THAT'S FINE.

SO, OKAY.

AND THEN I ALSO HAVE ONE FROM FRANK, FRANK FRIA, AND YOU'RE ALSO GOING TO LET HIM SPEAK.

OKAY.

ALL RIGHT.

SO WHAT I'M GOING TO DO IS I'M GOING TO HAVE MR. DINGUS AND MR. MERRICK COME UP AND SEPARATELY AND WE'LL LIMIT THEM TO THREE MINUTES EACH.

AND THEN MR. RUSSO, I WILL ALLOW YOU UP TO SIX MINUTES TO MAKE YOUR PRESENTATION.

OKAY.

SO WITH THAT, MR. FINGERS, DO YOU WANT TO COME UP AND BECOME THE ITEM, PLEASE? THANK YOU FOR YOUR TIME.

I REALLY APPRECIATE IT.

UM, I'M REALLY JUST, I, I, MY, I WANT TO VOICE MY OPINION.

COULD YOU STATE YOUR NAME AND ADDRESS MY APOLOGIES? WE HAVEN'T HAD AN ACTION ITEM FOR SO LONG.

I FORGOT THE, THE FIRST TIME I'VE EVER DONE THIS TO JANINE, DIDN'T JUST AS MY NAME AND YOUR ADDRESS.

I HAD 1960 EAST SPRINGFIELD PLACE AND CHANDLER.

THANK YOU.

UM, I JUST WANTED TO BE ABLE TO VOICE MY OPINION ON THE TYPE OF BUSINESS THAT IS BEING PROPOSED.

UM, MY HUSBAND AND I ACTUALLY MOVED OUT OF PHOENIX.

SO I FIND IT IRONIC WITH THE TOUCHING OF THE CARRIE'S CAR, UH, CARE CENTER AROUND IN PHOENIX NEIGHBORHOOD AND OTHER COMMERCIAL BUILDINGS.

UM, THE REASON WE MOVED OUT OF PHOENIX IS TO GET AWAY FROM THOSE KINDS OF NEIGHBORHOOD SETUPS.

UM, WE CHOSE THIS NEIGHBORHOOD IN CANYON OAKS BECAUSE IT WAS VERY QUIET AND IT WASN'T SURROUNDED BY COMMERCIAL.

I DO UNDERSTAND THAT CORNER WAS ZONED FOR A CERTAIN KIND OF COMMERCIAL SWITCHED IN 2016, THE TYPE OF ZONE WENT BY ME IN 2016.

UM, BUT I WAS UNDER THE IMPRESSION AS A RESIDENT THERE, THAT IT WAS GOING TO BE KIND OF THE SAME TYPE THINGS THAT WERE ALREADY ON THAT CORNER.

SO WHEN CIRCLE PAY POPPED UP, UM, A LOT OF THINGS HAVE CHANGED IN OUR NEIGHBORHOOD SINCE THAT BUSINESS CAME IN THE VEHICLE ASPECT, UM, THE COMINGS AND GOINGS IT'S A 24 7 BUSINESS THERE.

[00:45:01]

THE LIGHTS ARE VERY BRIGHT.

I KNOW THAT WE'RE NOT TALKING ABOUT CIRCLE K, BUT IT IS AN ADDITIONAL VEHICLE TYPE BUSINESS THAT NOW IS GOING TO BE RIGHT NEXT TO CIRCLE, PAY MORE CARS COMING AND GOING DURING THE DAY, I'M LOOKING AT THE HOURS NOW FOR CARIES, AND IT'S REALLY, BELL-TO-BELL SIX DAYS A WEEK, WHICH IT'S ALREADY DIFFICULT FOR US TO OPEN OUR WINDOWS WHERE WE ARE LOCATED TO HAVE ANY KIND OF TRANQUIL EXPERIENCE.

UM, IT'S VERY NOISY.

THERE, THERE IS A PROBLEM ON COOPER COOPER.

WE DID NOTICE THAT THEY HAVE SOME OF THOSE SPEED SIGNS OUT RIGHT NOW ON BOTH SIDES OF COOPER, UM, GOING TOWARDS, UH, 2 0 2 AND FROM TWO TO GOING TOWARDS THE CIRCLE, K A LOT OF DRAG WASTING GOING ON.

UM, SO MY CONCERN IS JUST ADDITIONAL ELEMENT OF CARS USING THE CARS IN THE NEIGHBORHOOD.

UM, UH, IT'S JUST, IT'S JUST TO ME, IT'S ON TOP OF EVERYTHING ELSE THAT'S THERE.

UM, I KNOW THE NOISE, UH, STUDY THAT EVERYBODY'S TALKING ABOUT.

I TOTALLY UNDERSTAND ALL OF THAT.

I'M NOT ACTUALLY CONCERNED ABOUT ALL OF THE NOISE THAT THEY MIGHT BE DOING INSIDE OF THEIR FACILITY.

IT'S JUST ADDITIONAL VEHICLES ON THAT CORNER.

BELL-TO-BELL UM, I, I, WITH ALL DUE RESPECT, IF THAT IS APPROVED AND IT'S THERE, I JUST, I WOULD REALLY BE SURPRISED IF THAT DOOR IN THE FRONT WAS CLOSED ALL DAY LONG.

I JUST, I JUST, I'M NOT CALLING ANYBODY A LIAR OR ANYTHING, BUT I JUST, I FEEL LIKE THAT IS, THAT WOULD BE SOMETHING.

UM, SO MY, MY POINT HERE TODAY IS JUST TO MAKE MY OPINION KNOWN AS A RESIDENT THERE, I'M NOT ON THE EDGE OF CANYON OAKS.

I'M REALLY CLOSE TO COOPER.

I'M A FEW HOUSES IN, BUT I HEAR SEE WITNESS STUFF ALL THE TIME ON THAT CORNER.

AND WITH JUST ANOTHER CAR TYPE BUSINESS IN THAT LOCATION, I JUST, I FEEL LIKE IT'S GOING TO BRING ANOTHER ON TOP OF WHAT'S THERE ELEMENT INTO OUR NEIGHBORHOODS AND IT'S NOT GOING TO BE WHAT WE MOVED IN FOR.

AND I DON'T WANT TO MOVE OUT OF MY NEIGHBORHOOD BECAUSE ALL SUDDENLY THEN IT'S LOUD AND CRAZY WITH ALL THE STUFF GOING ON IN THAT ONE CORNER.

UM, I FEEL LIKE ALL OF US KIND OF MOVED INTO THOSE LOCATIONS BECAUSE OF THE SAME REASON AND NOW IT'S CHANGED.

SO, UM, THAT IS JUST WHAT I WANTED TO, YOU KNOW, IN MY OPINION.

THANK YOU VERY MUCH.

APPRECIATE IT.

ANY QUESTIONS FOR THE SPEAKER? OKAY.

THANK YOU VERY MUCH, TIM MERIT, AND YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD.

THAT'D BE GREAT.

EXCUSE ME, TIM MERIT, 1950 EAST SPRINGFIELD PLACE.

UM, CHAIRMAN MEMBERS OF THE COMMISSION.

UM, I SPEAK IN OPPOSITION OF THE CARIES, UH, CAR CARE AUTO REPAIR SHOP.

UM, I HAVE SEVERAL CONCERNS.

UM, FIRST WITH THE NOISE STUDY THAT WAS, THAT'S BEEN SPOKEN ABOUT.

UM, I, I READ THE ENTIRE STUDY AND MY CONCERNS COME FROM WHAT THEY TALK ABOUT, THE BASELINE AMBIENT SOUND.

SO THEY TOOK, YOU KNOW, WHAT SOUND WAS HAPPENING, UH, I THOUGHT THROUGHOUT THE DAY.

UM, BUT AS I READ THIS FURTHER, UM, THE STUDY, UH, ON PAGE FOUR, IT SAYS THAT THE STUDY WAS DONE ON DECEMBER SIX AND THEN IT GAVE DATA ON THAT THE ACTUAL STUDY, AND IT SAYS IT WAS CONDUCTED ON NOVEMBER 19TH.

UM, SO I'M CONFUSED.

I'M NOT SURE WHEN THE STUDY ACTUALLY HAPPENED, BUT IT, IT SAYS TWO DIFFERENT THINGS.

AND IT ALSO SAYS THAT IT WAS CONDUCTED FOR ONE HOUR, UM, FROM, I BELIEVE LIKE 4 22 TO 5 34 IN ON ONE DAY.

SO I'M NOT SURE HOW HE, A SOUND STUDY THAT'S DONE FOR AN HOUR IS APPROPRIATE.

UM, ESPECIALLY WHEN YOU'RE COMING UP WITH A BASELINE FOR HOW LOUD IT'S GOING TO BE IN THE NEIGHBORHOOD AND FOR US.

SO, UM, NO MATTER HOW I THINK YOU, YOU EXPLAIN IT IT'S ADDITIONAL NOISE.

AND IF, IF ANY OF YOU HAVE HEARD OF AUTO REPAIR SHOP AND YOU LIVE WITHIN, LET'S SAY A HUNDRED YARDS OF THIS PLACE, BECAUSE THERE'S MANY, MANY HOMES THAT ARE, UM, I CAN'T BELIEVE YOU WOULDN'T BE ABLE TO HEAR SOME OF THIS.

AND ONE OF THE THINGS THAT SAID, AND I TOOK THIS OUT OF THE REPORT BECAUSE THE NOISE FROM THE LIFTS AND AIR RATCHETS IMPACT DRILLS ARE DISTINCTIVE.

THE OPERATIONAL NOISE LEVELS FROM THE AUTO REPAIR SHOP COULD OCCASIONALLY, COULD, OCCASIONALLY AUDIBLE COULD BE, COULD OCCASIONALLY BE AUDIBLE WHEN THE LULLS IN THE BACKGROUND, TRAFFIC NOISE ARE QUIETER.

SO ON A SATURDAY WHEN WE'RE TRYING TO ENJOY OUR BACKYARDS AND IT'S 7:00 AM, AND THIS, THIS PLACE OPENS AT SEVEN, UM, AND WE'RE TRYING TO ENJOY OUR, OUR NEIGHBORHOOD.

IT'S QUIET.

AND WE'RE GOING TO HEAR THIS NOISE.

I MEAN, IT'S, IT'S JUST, YOU KNOW, THERE'S, THEY SAID THERE'S GOING TO BE 900 CARS A MONTH COMING THROUGH THIS FACILITY.

SO, UM, I THINK THAT'S A CONCERN.

UM, THE ZONING ALLOWS FOR A NUMBER

[00:50:01]

OF DIFFERENT TYPES.

I THINK THAT'S BEEN DISCUSSED HERE.

AND I THINK, UM, I THINK WE SHOULD CONSIDER WHAT OTHER TYPES OF, UM, APPROPRIATE TENANTS COULD GO INTO THIS LOCATION.

UM, I KNOW THAT WE HAVE SOME PRETTY TALENTED CHANDLER STAFF THAT HAS GONE OUT AND DONE A GREAT JOB ON PRICE CORRIDOR.

I KNOW THEY'VE DONE A GREAT JOB AROUND THE AIRPORT.

WELL, THIS IS IMPORTANT TO US.

THIS LOCATION IS, YOU KNOW, WHERE WE'VE LIVED.

I'VE BEEN THERE SINCE, UM, FOR 21 YEARS, AND I'M REALLY CONCERNED THAT WE'RE CONTINUING TO ADD THINGS IN THAT DON'T FIT.

UM, I ASK YOU AND I'M BEING SERIOUS HERE.

IF YOU WERE US, IF YOU WERE IN OUR POSITION, LIVING IN THESE NEIGHBORHOODS, HOW WOULD YOU FEEL IF SOMEBODY WAS GOING TO PUT AN AUTO REPAIR SHOP NEXT TO YOUR HOUSE? I DON'T CARE HOW YOU DRESS IT UP.

I DON'T CARE HOW PERSUASIVE THIS GENTLEMAN IS.

THAT'S HIS JOB IS TO CONVINCE YOU THAT THIS IS A GOOD IDEA.

I CAN'T BELIEVE THAT ANYBODY HERE WOULD SAY, I WANT A CAR CARE AUTO REPAIR SHOP NEXT TO MY HOUSE.

I THINK WE WOULD LIKE TO HAVE SOMETHING THAT'S MORE NEIGHBORHOOD FRIENDLY, SOMETHING THAT'S MORE APPROPRIATE THAT WOULD FIT WITH THE NEIGHBORHOOD.

IF YOU LOOK AT THE, YOU KNOW, THE, UM, ARIEL, YOU CAN SEE HOW CLOSE THESE HOMES ARE CUSTOMER, CAN YOU WRAP UP PLEASE? YEP.

SO, UM, I'M JUST CONCERNED THAT, YOU KNOW, THEY TALK ABOUT THAT THIS IS A LOCATION WHERE WE HAVE DIFFERENT LOCATIONS LIKE THIS FROM THE VALLEY I DRIVE AROUND, I NEVER SEE AN AUTO REPAIR SHOP THAT IS, UH, BUTTED UP AGAINST HOMES LIKE THIS.

YOU ALWAYS SEE SOME TYPE OF OTHER BUFFER THERE.

IT'S USUALLY A LARGER BUILDING.

THAT'S MORE PASSIVE, UM, THAT IT BREAKS THAT NOISE.

THAT SOUND THE, THE HARSHNESS OF THIS TYPE OF BUSINESS FROM THE NEIGHBORHOODS.

SO I WOULD, UM, ASK YOU TO, UH, TONIGHT, UM, I'M REQUESTING THAT YOU DON'T PROVE THIS MOVING FORWARD.

UM, WE NEED TO FIND SOMETHING THAT'S BETTER THAT FITS BETTER.

THAT'S, YOU KNOW, A HUNDRED PEOPLE THAT HAVE SUPPOSEDLY, YOU KNOW, SIGNED THIS PETITION, DON'T FEEL IT'S APPROPRIATE.

I HOPE YOU LISTEN TO US AND UNDERSTAND THAT, UH, HOW IMPORTANT IT IS TO US, THAT WE HAVE A GOOD NEIGHBORHOOD THAT WE CAN LIVE IN.

THANK YOU.

ANY QUESTIONS FROM THE SPIRIT? OKAY.

THANK YOU, SIR.

APPRECIATE IT.

SORRY, MR. RUSSO, IF YOU WANT TO COME OUT, PLEASE SET THE TIMER FOR SIX.

CAN YOU SET IT FOR SIX MINUTES? THAT'D BE GREAT.

OKAY.

THAT'S GOOD EVENING.

AND THANK YOU FOR THE OPPORTUNITY TO TALK TO YOU.

UM, I'D LIKE TO READ THE, COULD YOU STATE YOUR NAME AND ADDRESS, STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE? SO I LIVE AT 29 EAST FOOTLOCKER AWAY AND CHANDLER I'VE BEEN IN CHANDLER FOR 18 YEARS NOW.

OKAY, GREAT.

THANK YOU, SIR.

THE ASSUMPTION THAT THIS ISSUE ONLY DEALS WITH NOISE IS TOTALLY MISLEADING.

IT HAS TO DO WITH WHERE AUTOMOTIVE SERVICE GARAGES SHOULD BE LOCATED.

I AM NOT GOING TO GO THROUGH THE LITANY OF REASONS THAT ONE, NO ONE WANTS TO LIVE NEAR A AUTOMOTIVE SERVICE GARAGE, STARTING WITH HAZARDOUS WASTE, BEING INTRODUCED INTO THE NEIGHBORHOOD.

WHAT I WANT TO FOCUS ON IS THE FACT THAT PLACING AN AUTOMOTIVE SERVICE GARAGE IN THE MIDDLE OF A HIGHLY CONCENTRATED SINGLE FAMILY HOME LOCATION IS TOTALLY OUT OF CHARACTER WITH ALL OTHER AUTOMOTIVE SERVICE GARAGES THROUGHOUT CHANDLER AND THE SURROUNDING REGION.

THE SEMON C R EASE MOST RECENT FEBRUARY, SECOND TELECONFERENCE.

THEY STATED THAT THEY HAD TWO EXAMPLES OF TIRE FACILITIES.

THEY RECENTLY BUILT IN SIMILAR POPULATED AREAS.

ONE AT 1350 SOUTH RIGGS ROAD AND ONE AT 59 75 SOUTH GILBERT ROAD.

THEY DESCRIBED THESE AUTOMOTIVE SERVICE GARAGES.

I'D BEEN SURROUNDED BY IN THE MIDDLE OF NEIGHBORHOODS, IN ONE CASE, SURROUNDED BY 20 HOMES.

AND THE OTHER CASE SURROUNDED BY 40 HOMES, NONE OF THESE EXAMPLES ARE TRUE AERIAL SHOTS OF THESE LOCATIONS AND ALL 63 AUTOMOTIVE SERVICE GARAGES AND CHANDLER, INCLUDING THE SIX EXISTING CAREY GARAGES THAT ARE ALL LOCATED IN MAJOR COMMERCIAL AREAS.

NONE OF ART'S SURROUNDED BY SINGLE FAMILY HOMES, RESONANCE, UH, HOME DEVELOPMENTS.

THEY HAVE SHOWN NO EXAMPLE.

AND IN FACT, I CAN NOT FIND ANY EXAMPLES WHERE AUTOMOTIVE SERVICE GARAGES WERE BUILT IN THE CENTER OF SUCH DENSE SINGLE-FAMILY HOME DEVELOPMENTS.

ALL, ALL THE SERVICE GARAGE IS LOCATED IN PREDOMINANTLY MAJOR COMMERCIAL DEVELOPMENT AREAS.

IN THIS CASE, WE ARE TALKING ABOUT 518

[00:55:01]

SINGLE FAMILY HOMES SURROUNDING THIS SITE.

NOT 20 HOMES, NOT 40 HOMES, BUT 518 HOMES.

UH, THERE ARE NO EXAMPLES WHERE ZONING HAS PREVIOUSLY APPROVED AN AUTOMOTIVE SERVICE GARAGE BEING BUILT IN SUCH A HIGHLY CONCENTRATED RESIDENTIAL AREA.

I AM NOT DISPUTING, THIS IS A C2 ZONE COMMERCIAL SITE, BUT I AM CITING THAT THE ZONING BOARD HAS ALWAYS MAINTAINED THEIR STANDARDS, ENSURING THAT AUTOMOTIVE SERVICE GARAGES, SUCH AS THIS ARE BUILT IN AN APPROPRIATE COMMERCIAL LOCATION.

THE ORIGINAL SITE PLAN WAS FOR 14 FOOT TALL RESIDENTIAL RETAIL STORE.

THIS PROPOSAL IS FOR A 30 FOOT TALL FACILITY.

THIS BUSINESS DOES NOT BENEFIT THIS RE A RESIDENTIAL NEIGHBORHOOD AND WILL NOT BLEND IN WITH THE SURROUNDINGS AS CLAIMED BY THE DEVELOPER IN THE FEBRUARY 2ND TELECONFERENCE.

IT WAS STATED THAT THEY COULD NOT FIND A MORE APPROPRIATE BUSINESS DUE TO THE CURRENT ECONOMIC CONDITIONS.

THIS IS NOT A VALID REASON TO ALLOW THIS TYPE OF BUSINESS TO BE LOCATED IN AN UNACCEPTABLE LOCATION.

NO, UM, THEIR PRESENTATIONS ARE VERY SELECTIVE IN HOW THEY CROP THE AERIAL VIEW.

WE HAD SUBMITTED AERIAL VIEWS OF CARRIE'S GARAGE, UM, WHICH SHOWED THAT THEY WERE PREDOMINANTLY IN SIGNIFICANT COMMERCIAL AREAS, COMMERCIAL AREAS, WHERE THERE WERE OTHER AUTOMOTIVE OR OTHER COMMERCIAL LOCATIONS.

AND IN MOST CASES WHERE THERE WAS AT LEAST TWO, UH, EXCUSE ME, THREE TO FOUR CORNERS WHERE THEY WERE ALL COMMERCIAL.

NOW, THE PETITION THAT WE PROVIDED HAVE AERIAL PHOTOGRAPHS, WHICH MORE APPROPRIATELY SHOWED THAT THE 518 HOMES SURROUNDING THIS PROPOSED SITE IS UNUSUAL.

AND THE EXAMPLES THAT SIMON HAD PROVIDED OF THOSE TWO LOCATIONS.

WHEN YOU LOOK AT AN AERIAL SHOT SHOTS ARE NOT CROPPED SELECTIVELY.

YOU SEE THAT THEY ARE IN PREDOMINANTLY COMMERCIAL AREAS.

SO EXCUSE ME, SIR.

ONE SECOND.

CHRISTINE, CAN YOU SHOW, CAN YOU GET A SERVER, BUT I CAN SEE IT PLEASE.

I APPRECIATE IT.

WHAT'S THAT? OH, OKAY.

MY EYESIGHT'S NOT THAT GREAT TO BE ABLE TO SEE FROM THIS FAR.

SO IT'S THAT WORK? YEP.

THERE YOU GO.

IT'S UP THERE.

OKAY.

NO, THAT'S STILL NOT IT THAT'S IT.

IT'S NOT ON THESE MONITORS.

IT'S NOT ON THE MONITOR.

WE ASKED GIVEN THE FACT THAT THEY'RE NOW ON FEBRUARY 2ND HERE.

ONE SECOND, CHRISTINE FROM THE AUDIENCE SAYING NOW.

OKAY, GREAT.

THANK YOU.

OKAY, MR. RUSSO.

OKAY.

MUCH BETTER GIVEN THE FACT, AND YOU CAN SEE THAT THIS IS ALL COMMERCIAL.

UM, IF YOU LOOK AT THIS, THIS IS THE EXAMPLE THAT THEY CITED THAT WAS SURROUNDED BY 20 TO 40 HOMES.

I DON'T KNOW IF THIS IS THE 20 HOME SURROUNDINGS, THIS ONE HERE, AGAIN, COMMERCIAL AREAS ON ALL FOUR CORNERS, BECAUSE THEY GAVE ME THE EXAMPLE AND I'D ASKED FOR TWO EXAMPLES OF WHERE THEY COULD SHOW THAT THEY HAD BUILT SOMETHING LIKE THIS BEFORE I LOOKED IT UP AND I FOUND THAT IT WASN'T TRUE.

SO I DECIDED TO THEN BASED ON THAT, COME UP WITH THE LIST OF ALL OF THE CAR CARE SERVICES IN CHAN, I CAME UP WITH 63.

I VIEWED EVERY SINGLE AERIAL VIEW OF THE 63 LOCATIONS.

AND ANYONE COULD GO ONTO GOOGLE AND VIEW THEM ALL MAJOR COMMERCIAL AREAS.

THERE MAY BE, UH, UH, A GARAGE THAT'S LOCATED ON THE CORNER OF A SHOPPING CENTER.

AND THERE MAY BE SOME HOMES, BUT IT'S NOTHING LIKE THE NEIGHBORHOOD THAT WE LIVE IN PRESENTLY.

UM, AGAIN, PUTTING THIS BACK, WHEN YOU'RE NOT LOOKING AT A SELECTIVE AERIAL VIEW, YOU CAN SEE 518 RESIDENTIAL HOMES.

I ALSO WOULD LIKE TO POINT OUT THAT THE PETITION THAT WAS SIGNED AT 10 SIGNATURES FROM THE

[01:00:01]

PROFESSIONAL BUILDINGS THAT WERE ALONGSIDE THE, WHERE THIS GARAGE WOULD BE BUILT, NONE OF THOSE BUSINESSES, WHICH ARE DOCTORS, AUTHORS, LAWYERS, WHATEVER ARE INTERESTED IN HAVING A GARAGE NEXT TO THEIR BUSINESS FACILITIES.

SO AGAIN, I FOUND NO EXAMPLES.

I LOOKED FOR THEM.

AND AGAIN, THE EXAMPLES THAT SIMMONS HAD GIVEN ARE NOT TRUE.

AND THEIR PRESENTATIONS ARE VERY SELECTIVELY CROPPED TO MAKE IT LOOK LIKE THERE.

AREN'T A LOT OF HOMES.

THAT'S MY PRESENTATION.

RIGHT? ANY QUESTIONS FOR MS. TERESA? THANK YOU VERY MUCH.

APPRECIATE IT.

THANK YOU.

ANYBODY ELSE IN THE AUDIENCE YOU'D LIKE TO COME UP AND TALK ABOUT THIS ITEM SERVE YOU CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD.

YOU'LL HAVE THREE, THREE MINUTES, PLEASE.

HI.

YEAH.

MY NAME IS FRANK FURRY LIVE AT 2056 EAST BROWNING PLACE, WHICH IS RIGHT BEHIND THE SHOP.

I HAVE ONE QUESTION FOR EVERYBODY UP HERE.

WOULD YOU SPEND $600,000 FOR A HOME? IT HAS AN AUTO REPAIR SHOP RIGHT BEHIND IT.

ANY OF IT? I WOULDN'T THINK SO.

WHEN WE PURCHASED THIS HOUSE TWO YEARS AGO, WE WERE TOLD BY THE REALTOR THAT IT WAS GOING TO BE A SMALL DEVELOPMENT THERE.

SO YOU'RE GOING TO BE LIKE LITTLE OFFICES.

UH, I THINK THEY SET UP A BEAUTY PARLOR OR NAIL SALON.

THE POINT I'M TRYING TO MAKE IS IF I GET AN APPRAISAL ON MY HOME RIGHT NOW, IT'S WORTH OVER $670,000 NOW, AND I CAN HAVE THAT APPRAISAL DONE AGAIN AND TELL THEM THERE'S GOING TO BE AUTO REPAIR SHOP THERE.

WHO'S GOING TO COVER THE DIFFERENCE IN NET EQUITY.

IT'LL DROP 40 OR $50,000.

NO DOUBT.

AND I DON'T THINK IT'S FAIR AND ATTEND TODAY'S WORLD WITH EVERYTHING ELSE IS GOING ON TO PUT AUTO REPAIR SHOP IN A NEIGHBORHOOD, WHETHER IT'S HIGH VALUE HOMES.

I REALLY DON'T HAVE MUCH MORE TO SAY BECAUSE THEY SAID IT ALL.

BUT I JUST WANTED YOU TO KNOW THAT MY THOUGHTS ON IT.

I WAS, THIS IS RIDICULOUS.

I WORK OUT AT INTEL.

I'M 71 YEARS OLD.

I WORKED 50 HOURS A WEEK AND I LIKE TO ENJOY MY BACKYARD'S ON THE WEEKEND.

AND I CERTAINLY DON'T WANT TO HEAR AN AUTO SHOP MAKING THIS NOISE, THAT TILL FIVE O'CLOCK IN THE AFTERNOON ON A SATURDAY, MUCH LESS.

I GO TO BED AT SEVEN O'CLOCK AT NIGHT.

CAUSE I GET UP AT 3:00 AM AND I KNOW THAT THEY WON'T BE DONE BY SEVEN O'CLOCK AT NIGHT.

THEY MAY CLOSE THE DOORS.

THERE'LL BE CARS LEAVING.

THERE'LL BE SERVICE TRUCKS COMING IN, REMOVING HAZARDOUS WASTE IN THE EVENING.

CAUSE THEY CAN'T DO IT DURING NORMAL WORKING HOURS.

SO I JUST LIKE YOU ALL TO THINK ABOUT WHAT WOULD HAPPEN IF IT WAS YOUR HOME.

I THINK IT'S FOR YOU BOTH.

THANK YOU, SIR.

ANY QUESTIONS FOR THE SPEAKER? RIGHT.

THANK YOU, MR. RUSSO, I'LL GIVE YOU ONE MORE MINUTE.

IF YOU WANT TO COME ON UP, YOU CAN'T DO IT FROM THERE, SIR.

YOU NEED TO GO UP TO THE MIC.

SO, OKAY.

AGAIN, JOSEPH'S RUSSEL YOU DON'T NEED, RIGHT.

UM, YOU KNOW, WHEN IT COMES TO SOUND AND THEY SAID, WELL, THESE ARE GOING TO BE COMPARABLE TO, UH, YOU KNOW, TRAFFIC, WELL, TRAFFIC ISN'T CONTINUOUS.

NOW AS AN EXAMPLE, I HAVE, UM, WIND CHIMES IN MY YARD AND WHEN THE WIND BLOWS, IT'S KIND OF NICE.

SHE KIND OF LISTENED TO IT.

BUT IF I HAD TO LISTEN TO, THAT WAS ONE CHIMES ALL DAY LONG.

I WOULD TEAR THEM DOWN BECAUSE WHEN YOU HAVE NOISE AND YOU ADD MORE NOISE, YOU'RE, YOU'RE ADDING ANOTHER LAYER OF NOISE.

IT'S NOT CONSTANT.

IT'S NOT SOMETHING THAT, OH, IT'S NOT GOING TO ADD MORE NOISE.

IT IS NOW MY, MY ARGUMENT WASN'T ON, BASED ON NOISE.

IT'S BASED ON THE FACT THAT THIS HAS NEVER BEEN DONE BEFORE.

AND THAT'S WHERE I STAND.

THAT IT'S INAPPROPRIATE.

I HAVE NO ISSUE WITH THEM BUILDING SOME TYPE OF RETAIL STORE OR AGAIN AS MENTIONED OTHER TYPE OF, UM, BUSINESSES, BUT IN AUTOMOTIVE SERVICE GARAGE IS OUT OF CHARACTER WITH ANYTHING THAT'S EVER BEEN DONE THAT I HAVE BEEN ABLE TO LOCATE AND CHANNEL AND IN THE SURROUNDING AREA.

OKAY.

THANK YOU, MR. RUSSO.

THANK YOU.

OKAY.

THE APPLICANT LIKED TO COME BACK UP AND MAKE SOME FINAL COMMENTS.

THANK YOU, MR. CHAIR, COMMISSIONERS.

I THINK EVERYTHING THAT YOU HEARD FROM THE NEIGHBORHOOD HAS SOME DEGREE OF VALIDITY.

AND I THINK IF THIS WERE A ZONING CASE, MUCH OF WHAT WE WERE TALKING ABOUT WOULD BE INCREDIBLY APPROPRIATE IN TERMS OF USES.

[01:05:01]

AND THE PROXIMITY OF USES THAT BEING SAID.

UH, I ALSO WANT TO ADDRESS SOME OF THE SPECIFIC COMMENTS THAT WERE MADE, UH, IF I, IF I CAN.

UM, MS. AND MR. MERIT BOTH LIVE.

IT'S MY UNDERSTANDING ON THE WEST SIDE OF, OF, UH, COOPER AND, YOU KNOW, THEY, THEY RAISED DIFFERENT ISSUES, BUT I'D LIKE TO ADDRESS BOTH FIRST, THERE WAS A QUESTION ABOUT, YOU KNOW, DO WE WANT TO SEE THESE ADDITIONAL VEHICLES AND ACTIVITY? I THINK IT'S IMPORTANT TO KEEP IN MIND THE VEHICLES AND ACTIVITY ASSOCIATED WITH WHAT'S ALREADY APPROVED TODAY.

THAT IS A BUILDING THAT IS SIGNIFICANTLY LARGER THAN WHAT'S BEING PROPOSED.

IT'S A, ROUGHLY A 15,000 SQUARE FOOT COMMERCIAL BUILDING MULTI-TENANT BUILDING WITHOUT OUR RESTRICTIONS.

SO WHEN WE'RE TALKING ABOUT WHAT OCCURS ON THE WEEKENDS, WHAT WE'RE TALKING ABOUT, WHAT OCCURS AT NIGHT, THERE ARE NO RESTRICTIONS ON THE EXISTING BUILDINGS AND THAT MULTI-TENANT BUILDING, AS WE HEARD EARLIER, IT COULD BE A RESTAURANT.

IT COULD BE A HEALTH CLUB.

IT COULD BE THINGS THAT ARE ACTIVE 24 HOURS OR, OR CERTAINLY LATER IN THE EVENING, THEN 5:00 PM OR 7:00 PM.

ALSO IN TERMS OF OVERALL TRAFFIC, THE OVERALL TRAFFIC DROPS WITH THIS APPLICATION.

IT DOESN'T INCREASE.

THIS IS AN APPOINTMENT BUSINESS, UH, THAT THEY TAKE 30 APPOINTMENTS DURING ANY GIVEN DAY.

AND THAT'S, IF THEY'RE FULL ON EVERY ONE OF THEIR LIFTS.

SO THERE'S ACTUALLY LESS TRAFFIC ASSOCIATED WITH THIS APPLICATION.

UH, THEN THE EXISTING PDP THAT'S THERE TODAY AND ALSO SIGNIFICANTLY LESS CONTROL AS WELL AS SIGNIFICANTLY LESS BUFFER.

UH, THERE WAS A QUESTION ABOUT THE SOUND STUDY AND I'D LIKE TO ADDRESS THAT BECAUSE YES, THEY DID GO OUT ON TWO SEPARATE DAYS.

THAT'S WHY THERE WERE TWO DATES ADDRESSED IN THE REPORT ITSELF.

UH, THEY COLLECTED SAMPLES AND THEY DID A SITE STUDY ON TWO SEPARATE DAYS.

THAT'S WHY BOTH OF THOSE DAYS WERE REFERENCED AND THEY DID COLLECT NOISE, UH, SAMPLES AND BACKGROUND NOISE AND SOUND STUDY DURING BOTH OF THOSE DAYS.

UM, BUT AGAIN, WE HEARD FROM BOTH THAT THAT IS NOT A GOOD USE.

I APPRECIATE THAT THIS IS NOT A CONVERSATION ABOUT USE MR. RUSSO REFERENCED SOMETHING THAT'S A LITTLE BIT MORE CONCERNING BECAUSE WE HAVE THE BENEFIT OF, OF WORKING WITHIN THE CITY OF CHANDLER AND THE VERACITY OF WHAT WE PUT OUT AS AN APPLICANT IS INCREDIBLY IMPORTANT TO US.

AND ONE OF THE COMMENTS THAT WAS MADE REPEATEDLY WAS, YOU KNOW, ESSENTIALLY THEY'RE, THEY'RE PULLING THE WOOL OVER YOUR EYES AND THEY'RE TELLING YOU THAT THESE THINGS ARE NEXT TO HOMES AND THEY'RE NOT.

I SHARED DURING MY PRESENTATION, ONE OF THE CARRIES LOCATIONS AND THAT WAS ON IN THE CITY OF PHOENIX.

BUT AS YOU CAN SEE, IT'S DIRECTLY ADJACENT TO RESIDENTIAL, NOT CLOSE, NOT NEARBY.

IT IS DIRECTLY ADJACENT IN A HISTORIC NEIGHBORHOOD AND PEARSON PLACES, VERY PROUD OF WHAT THEY HAVE DONE WITH THAT.

HISTORIC NEIGHBORHOOD IS A VERY DESIRABLE PLACE, BUT MORE IMPORTANTLY, AND FOR THE SAKE OF POROSITY, IF I MAY, I'M GOING TO USE THE ELMO, MR. HUMAN, JUST TO USE MR. RUSSO'S EXHIBITS BECAUSE THEY'RE IN YOUR PACKET.

AND HOPEFULLY YOU HAVE THE BENEFIT OF THAT, UH, ON YOUR MONITORS.

BUT AS YOU NOT YET STAFF, CAN YOU MAKE SURE ON THESE MONITORS, SO THIS SHOULD BE IN YOUR PACKET.

AND THESE, THESE ARE FROM MR. RUSSO, UH, THIS ISN'T ALL OF THAT AND YOU LOCATION IN GLENDALE.

SO YOU CAN SEE WHAT WHAT'S HIGHLIGHTED HERE IS THE CARIES WHAT'S IMMEDIATELY CATERCORNER IS AT THE BEGINNING OF A RESIDENTIAL CASE, UH, SORRY.

IT RESIDENTIAL NEIGHBORHOOD MUCH LIKE, AND YOU CAN TELL FROM THE ARTERIAL, IT'S A VERY SIMILAR MATERIAL AS WHAT WE'RE DEALING WITH HERE.

THIS IS THE LOCATION.

AGAIN, THESE ARE MR. RUSSO'S EXHIBITS, UH, CARRIES ON NORTH 67TH AVENUE.

THESE ARE RESIDENTIAL HOMES DIRECTLY ADJACENT TO THE CARIES.

SO THE FACT THAT, YOU KNOW, WE'RE NOT PRESENTING THESE EXHIBITS AND THE FACT THAT WE MENTIONED THAT THIS IS A RESIDENTIAL, THIS IS A NEIGHBORHOOD USE IT'S SIZE FOR THE NEIGHBORHOOD, AND IT'S MEANT TO SERVICE THE NEIGHBORHOOD.

AND IN FACT, THESE PICTURES SHOW THAT NEIGHBORHOOD USE.

THIS IS ON NORTH VALLEY PARKWAY, CITY OF PHOENIX, THOSE AGAIN, DIRECTLY ADJACENT WITHOUT THE BUFFER.

THOSE ARE RESIDENTIAL UNITS.

THOSE ARE MULTIFAMILY UNITS, BUT THOSE UNITS ARE IMMEDIATELY ADJACENT TO THE CARROTS.

UH, THIS IS THE MARIPOSA SITE THAT I SHARED WITH YOU EARLIER THAT MR. RUSSO, APPARENTLY ISN'T RECOGNIZING THAT THIS IS IN FACT, A RESIDENTIAL NEIGHBORHOOD AND OTHER THAN THE

[01:10:01]

PROXIMITY TO SEVENTH AVENUE, WHERE THOSE ARE COMMERCIAL USES, EVERYTHING THAT BACKS UP TO IT IS A RESIDENTIAL USE.

SO I WANTED TO ASSURE THE COMMISSION THAT THIS ISN'T A BAIT AND SWITCH.

AND THESE AREN'T STORIES BEING TOLD.

THOSE WERE LETTERS FROM RESIDENTS WHO LIVED NEXT TO THE EXISTING FACILITIES.

AND THOSE ARE PICTURES THAT AREN'T OUR PICTURES.

THEY'RE NOT CROPPED THEY'RE MR. RUSSO'S PICTURES, BUT THIS IS A NEIGHBORHOOD USE AND WILL CONTINUE TO BE A NEIGHBORHOOD.

USE OUR REQUEST HERE IS FOR A PDP.

AND WE UNDERSTAND THAT YOU MAY HAVE QUESTIONS OR CONCERNS OR COMMENTS ABOUT THE LANDSCAPE SETTING.

YOU MAY WANT TO KNOW ABOUT THE SITE PLAN AND THE INGRESS AND EGRESS.

YOU MAY HAVE QUESTIONS OR COMMENTS ABOUT THE ARCHITECTURE ITSELF, BUT THAT'S THE TOTALITY OF WHAT WE'RE DISCUSSING TODAY.

AND WE BELIEVE AGAIN, STRONGLY BASED UPON THE SIDE-BY-SIDE COMPARISON, THE USES AND THE DIRECTIONAL BUFFER, THE LACK OF TRAFFIC, LITERALLY THE DECREASE IN TRAFFIC, THE ADDITION TO THE BUFFER, THE DECREASE IN SIZE OF THE BUILDING AND THE DESIGN OF THE BUILDING, ALL FORTUNATELY GRANT, GRANTED US THE BENEFIT OF STAFF SUPPORT, AND WE HOPE TO HAVE YOUR SUPPORT ON IT AS WELL.

WE RECOGNIZE THE NEIGHBORHOOD'S CONCERNS.

I THINK MANY OF THOSE CONCERNS, DATE BACK TO 2016 AND MANY OF THE CONCERNS THAT THEY RAISED MADE THIS A BETTER PLAN BECAUSE OF WHAT WE WERE ABLE TO COMMIT TO AS A USER.

BUT THIS IS CERTAINLY A SUPERIOR PLAN THAN WHAT EXISTS TODAY AS A PDP.

SO THANK YOU.

AND WE'LL BE HAPPY TO ANSWER ANY QUESTIONS.

UM, EXCUSE ME, MISS MARCY, YOU, YOU USED A LETTER FROM SOMEBODY ON RIGGS ROAD OR, OR, UM, ABOUT A CAR CARE PLACE AT SOUTH CHANDLER.

CAN YOU ADDRESS THAT? YOU START WITH THREW UP A COUPLE OF LETTERS EARLIER, AND I HAVE MR. CHAIRMAN COMMISSIONERS.

I ACTUALLY HAVE THE LETTERS, UH, COPIES OF THE WHOLE LETTERS.

I THINK WE JUST OBSERVED THEM FOR BOTHERED, PRESENT.

JUST CURIOUS, IN TERMS OF WHERE THAT IS IN THE CITY, BECAUSE ONE OF THE COMMENTS FROM MR. RUSSO, I KNOW WE'RE TALKING STRICTLY PDP, BUT THERE WAS, YOU HAD SHOWN A LETTER FROM A RESIDENT SAYING THEY WERE FINE.

IT WAS RIGHT NEXT TO A RESIDENTIAL AREA IN THE SOUTH.

SO THE SOUTHEAST CORNER OF RIGS AND 116.

IS THAT THE ONE? YES.

OKAY.

SO WOULD YOU LIKE TO SEE, DO YOU HAVE ANY OTHERS, IF YOU HAVE THE EARL OR YOU HAVE AN IRRELEVANT, UM, UH, AND, AND MR. HUMAN, THAT THE LETTERS WERE FROM THE PROPERTIES THAT ARE STARRED, WHICH WERE THE CLOSEST PROPERTIES TO THE AUTO REPAIR, THIS IS NOT A CARRIE'S AUTO.

THIS IS A TOM'S AUTO.

OKAY.

SO IT'S ABOUT THE SAME, JUST A LITTLE, PROBABLY A LITTLE BIT FURTHER AWAY THAN THIS WOULD BE, BUT IT'S STILL, YEAH, IT IS, IT IS A LITTLE BIT FURTHER, BUT WE WANTED TO HAVE THE, OKAY.

I JUST WANTED TO CLARIFY, CAUSE I SAW THAT IN THE CREEK, BECAUSE PART OF THE ARGUMENT WAS THAT THERE WASN'T ANY OF THESE IN CHANDLER AT ALL AND STUFF, SO.

OKAY.

THANK YOU.

ANY QUESTIONS FOR THE APPLICANT THROUGH THE CHAIR? UM, THE APPLICANT HAD PROBABLY FOR CHRISTINE, UM, THE DOOR, I GUESS THE, THE MAIN DOOR, THE BAY DOOR THAT GETS YOU INTO THE EIGHT BAY, UM, SERVICE AREA.

IS THAT A STIPULATION THAT IS GOING TO BE ATTACHED TO THIS, OR IS THAT JUST A GOOD FAITH ELEMENT THAT WHAT I'M CONCERNED ABOUT IS SOMEBODY ELSE TAKING OVER THIS AFTER CARRIES 10 YEARS FROM NOW? SURE.

MR. CHAIR, COMMISSIONER VELASQUEZ.

I'LL DEFER TO STAFF, BUT AS MY UNDERSTANDING, AND AS I READ THIS, IT IS A STIPULATION ASSOCIATED WITH THIS CASE.

IT'S NOT A LETTER OF COMMITMENT, BUT IT IS ASSOCIATED WITH THE PDP ITSELF THAT THE DOOR BE OPEN AND CLOSED ONLY, UH, DURING THE TIMES OF INGRESS AND EGRESS AND THAT IT BE CLOSED AT ALL OTHER TIMES.

OKAY.

ANY OTHER QUESTIONS? SO THE APPLICANT THROUGH THE CHAIR, UM, W WHAT KIND OF HVC SYSTEMS ARE GOING TO BE USED ON THIS BUILDING? HAVE A BIG DEAL ON WHETHER THE DOOR OPENS OR CLOSES.

I APPRECIATE THAT.

UH, MR. CHAIR, COMMISSIONER, I WILL FIND OUT, I BELIEVE THEIR ROOF MOUNTED AND SCREENED, BUT I'LL CONFIRM THAT.

RIGHT.

BUT IT'S AIR CONDITIONING, NOT, NOT THE BACKWARD OF COLD.

THAT IS CORRECT.

RIGHT.

SO YOU CAN'T AFFORD TO HAVE THAT DOOR.

OKAY.

ANY OTHER QUESTIONS? THANK YOU.

ALL RIGHT.

I'M GONNA CLOSE THE FLOOR.

UM, COMMENTS FROM THE COMMISSIONERS, OR SOMEBODY WANTS TO MAKE A MOTION ON THE SIDE OF THEM.

MR. MORGAN, I SEE YOUR YOU'VE GOT YOUR FINGER ON THE BUTTON.

YEAH.

UM, I JUST, I GUESS I'D LIKE TO MAKE A FEW COMMENTS REGARDING THIS.

UM, IT'D BE TO FEEL LIKE IT LOOKS LIKE THE APPLICANTS

[01:15:01]

PUT THROUGH QUITE A LOT OF EFFORT AND TRYING TO MITIGATE A LOT OF THE ISSUES THAT HAVE BEEN PRESENTED HERE.

UM, I UNDERSTAND WHERE THE NEIGHBORHOOD IS COMING FROM.

DEFINITELY.

UM, BUT YOU KNOW, PULLING UP MAPS REAL QUICK.

I MEAN, THERE'S DEFINITELY QUITE A FEW EXAMPLES THAT I'M FINDING MYSELF.

MAYBE WE'RE JUST NOT, YOU KNOW, TALKING ABOUT THE SAME THING, BUT I'M FINDING MYSELF THAT THERE'S QUITE A FEW EXAMPLES OF AUTO CARE CENTERS IN PRETTY CLOSE PROXIMITY TO NEIGHBORHOODS.

SO, UM, IF THAT'S THE MAIN ISSUE COMPARED TO THE NOISE, THEN I'M NOT SEEING IT AS AN ISSUE MYSELF.

THAT'S WHY WE HAVE GOOGLE EARTH.

WE CAN LOOK UP ALL THE STUFF THAT, I MEAN, GOOGLE SURE IS NICE.

YEAH.

CERTS ARE THE FLORES CLOSED.

OKAY.

I'M SORRY.

OKAY, SURE.

YEAH, CHAIR, IT JUST, AS A MATTER OF WHAT I DO EVERY DAY, ONE OF THE THINGS I SPECIALIZE IN IS PUBLIC WORKS FACILITY.

SO I DO A LOT OF SLEEP MAINTENANCE FACILITIES FOR MUNICIPALITIES, AND WE HAVE DONE MANY SOUND STUDIES FOR MUCH BIGGER FACILITIES THAN YOU WILL SEE IN A NEIGHBORHOOD.

AND ONE OF THE THINGS I LEARNED ABOUT IS THE INVERSE SQUARE LAW THAT HAS TO DO WITH THE DISSIPATION OF SOUND OVER DISTANCE AND CONSIDERING THE, THE MODERN VERSION OF VEHICLE MAINTENANCE SHOPS, WHERE YOU PULL INTO THEM, INSTEAD OF HAVING LOTS OF BAYS WITH THE DOORS OPEN IN THE SUMMERTIME THAT THE NOISE IS VERY INSIGNIFICANT IN THOSE KINDS OF BUILDINGS.

OKAY.

THANK YOU.

OTHER COMMENTS, COMMISSIONER ROSE, THE CHAIR OF COOPER AND PECOS.

IT'S KIND OF, IT USED TO BE ONE OF MY FAVORITE INTERSECTIONS.

THAT'S WHERE WE'D GO TO GET AWAY FROM EVERYTHING BECAUSE, UH, BUT OF COURSE, UH, THE VALLEY'S REALLY EXPLODED CHANDLER, ESPECIALLY.

UM, AND SO, UH, YEAH, WE, I WAS ON THIS BOARD WHEN THE CIRCLE K CAME IN AND WATCHED THE WHOLE NEIGHBORHOODS DEVELOP, UH, NOISE IS SOMETHING THAT'S REALLY, I DON'T THINK WE'RE, I MEAN, CERTAIN NOISES, TRAFFIC, IT'S, IT'S TOUGH TO AVOID THESE DAYS.

AND IN THE, IN THE CITY OF CHANDLER AND INFILL PROJECTS HAPPENED TO BE VERY, MORE DIFFICULT TO, TO ZONE.

LIKE WE HAD A 36 ACRE PARCEL THAT WENT THROUGH, OF COURSE, FOR HOUSING DEVELOPMENT, BUT WE ARE FACING A LOT OF CHALLENGES WITH THE INFIELD PROJECTS.

AND, UH, AND WHEN THE RESIDENTS COME OUT, IT'S GREAT BECAUSE WE CAN LEARN, YOU KNOW, WE GET TO LEARN TOGETHER, UM, AS RECOMMENDING BODY THOUGH.

UH, I THINK THE APPLICANT HAS MOVED THE SETBACKS AND, AND OFFERED TO DO A LOT OF LANDSCAPE BUFFER AND EVEN RAISE A FENCE.

SO, UH, YOU KNOW, I THINK IT WOULD, I'M OKAY WITH GOING TO THE COUNCIL AND, AND HAVING THEM, YOU KNOW, MAKE THE FINAL APPROVAL.

OKAY.

ANY OTHER COMMENTS? SO YOUR ATTORNEY SHERIFF, I COULD, UH, I THINK I RECALL DURING THE DISCUSSION THAT THERE MIGHT BE AN ADDITIONAL STIPULATION.

I GOT THAT, SO WE'RE GOING TO FIT IN SECOND STUFF.

SO, UM, I'M GOING TO MAKE A COUPLE OF COMMENTS AND THEN I'LL ASK FOR A MOTION FROM THE FLOOR.

UM, AND I KNOW COMMISSIONER MOUSE SUPPOSE WAS ASKING FOR 48 INCH, WHAT, 15 FOOT OF PLANNING OR, OR APPROPRIATE HEIGHT APPROPRIATELY.

OKAY.

I WILL, WE'LL GET A STIPULATION WHEN SOMEBODY WANTS TO MAKE A MOTION.

UM, AS THE APPLICANTS TALKED ABOUT, STAFF TALKED ABOUT TO THE AUDIENCE.

THIS IS NOT A REZONING CASE.

THIS IS A PDP, UH, FOR TERMINOLOGY.

IT'S BASICALLY THE ARCHITECTURE.

WHEN I LOOK AT THIS PROJECT.

AND I REMEMBER WHEN IT CAME THROUGH, ACTUALLY I WAS ON COUNCIL WHEN IT CAME THROUGH AT THE TIME.

AND THIS I THINK IS ACTUALLY A LOT BETTER PROJECT BECAUSE IT'S FURTHER AWAY FROM HOME BECAUSE THE PROJECT THAT WAS APPROVED COULD BE AS, AS CHRISTINE TALKED ABOUT ALL KINDS OF USES AND RESTAURANTS THAT COULD BE OPEN UNTIL ONE O'CLOCK IN THE MORNING, THE PARKING THAT WAS DESIGNED FOR THAT WAS RIGHT UP AGAINST THE NEIGHBORHOOD.

THERE WAS MAYBE A 20 FOOT SETBACK ABOUT, UM, I THINK THE APPLICANT HAS DONE A LOT OF THINGS IN TERMS OF SOUND MITIGATION, UM, ADDING EXTRA TREES.

IF THE BLOCK WALL WANTS TO BE RAISED, I THINK THAT'S AN ISSUE WITH THE NEIGHBORS.

SO THEY WANT TO DO THAT.

BUT I DO THINK THEY'VE GONE ABOVE AND BEYOND.

AGAIN, IT'S NOT A ZONING CASE.

WE'RE NOT ARGUING ABOUT WHETHER THE USE IS PERMITTED BECAUSE BY RIGHT.

IT IS PERMITTED.

WE'RE TALKING ABOUT THE ARCHITECTURE AT THIS POINT.

SO, UM, I'M GOING TO ENTERTAIN A MOTION.

UM, COMMISSIONER, IF YOU WANT TO MAKE A MOTION WITH YOUR ADDITIONAL STIPULATION OR IT'S UP TO YOU? UM, YEAH.

OKAY.

ALL RIGHT.

GOTCHA.

MR. CHAIRMAN COMMISSION, I'D LIKE TO MOVE TO FORWARD.

PLH 21 DASH 0 7 1 2, THE CITY COUNCIL WITH HER RECOMMENDATION OF APPROVAL.

OKAY.

I'M EMOTIONAL.

SECOND.

DO YOU WANT TO ADD THE DIGITAL STIPULATION? WE'LL ASK THE MOTION MAKER TO AMEND HER MOTION YEAH.

THROUGH THE CHAIR.

THANK YOU.

UH, I WOULD ADD THE STIPULATION THAT, UM, 33%

[01:20:01]

OF THE TREES IN THE SOUTH AND EAST PORTION OF THE FACILITY DO GET MODIFIED UP TO A 40 INCH MOCKS AT AN APPROPRIATE HEIGHT, UM, PER STAFF RECOMMENDATION OR THE MOTION MAKER ON THE SECOND.

OKAY.

WITH THAT.

OKAY.

ALL RIGHT.

GOOD.

OKAY.

ALL RIGHT.

SO WE HAVE A MOTION ON THE FLOOR, CITY ATTORNEY.

OKAY.

I THINK I'D PREFER TO HAVE A MOTION WITH THE STIPULATION STATED, UH, THE WAY YOU WANT IT.

WELL, OKAY.

SO THE MOTION MAKER WAS AGREEABLE TO, TO AMEND THE MOTION.

SO DO YOU, IT'S BEEN READ INTO THE RECORD.

YEAH.

SO I DON'T KNOW IF WE REALLY NEED THE TECHNICALITY.

I MEAN, THE MOTION MAKER AND THE SECOND IS AGREED TO THAT ADDITIONAL STIPULATION.

AND IT'S NOT A SET HEIGHT IT'S AS STAFF RECOMMENDED, CORRECT.

OKAY.

IT'S A 48 INCH BOX BASICALLY, SO, YEP.

WE'RE GOOD.

YOU'RE GOOD.

OKAY.

ALL RIGHT.

ANY OTHER FURTHER COMMENTS FROM ANYBODY? OKAY.

ALL THOSE IN FAVOR.

SAY, AYE.

CHAIRMAN REALLY QUICK.

IF I IT'S ME OVER HERE, I BELIEVE THERE WAS A 14TH AND 15TH STIP.

UH, ONE OF THOSE NEEDED THE READ THE RECORD.

I, I THINK THEY SHOULD AT THE, AT THIS POINT, JUST SO THAT IT'S ALL IN THE MOTION, UH, AND CLEAN.

OKAY.

I DIDN'T OFFICIALLY ACCEPT THE, THE BOAT, SO I GUESS SHE CAN SNEAK THAT ONE IN THERE.

OKAY.

CHRISTINE, YOU WANT TO READ THOSE TWO STIPULATIONS INTO THE RECORD? UH, CHAIR.

THANK YOU.

UH, STIPULATION 14 AS SHOWN IN THE SITE EXHIBIT, THE LOCATION OF AUTO REPAIR AREAS SHALL BE LIMITED TO THE INTERIOR OF THE PROPOSED BUILDING.

STIPULATION 15.

THE APPLICANT SHALL WORK WITH STAFF TO ENHANCE THE SOUTH AND EAST ELEVATIONS.

OKAY.

SO TO THE CITY ATTORNEY, THOSE ARE WRITTEN EARLIER.

DO YOU NEED THE, THE THAT'S PART OF THE MOTION OR DO YOU NEED, OKAY.

AS LONG AS THE CHAIRS RECOGNIZE THAT THE VOTE INCLUDES THE STIPULATION THAT THE CHAIR RECOGNIZES, THOSE ARE BRENDAN EARLIER'S ADDITIONAL STIPULATIONS.

OKAY.

ALL RIGHT.

WE'RE GOING TO DO THIS AGAIN.

ALL THOSE IN FAVOR, SAY AYE.

AYE.

ANY OPPOSED? ANY ABSTENTIONS? OKAY.

MOTION CARRIES UNANIMOUSLY TO THE AUDIENCE.

WE'RE RECOMMENDING BODY TO THE CITY COUNCIL.

STEP ONE, IS THIS GO TO COUNCIL? UH, THIS WILL BE PLACED ON THE MARCH 24TH, REGULAR SESSION AND THE MARCH 21ST.

SO THE MARCH 20TH.

SO WHAT'LL HAPPEN IS THAT THE COUNCIL MEETING, IF THIS IS PROBABLY AN ACTION ITEM, THEY MAY NOT DISCUSS IT ON THE 21ST, BUT THE DISCUSSING ON THE 24TH YOU'LL HAVE AN OPPORTUNITY THEN JUST LIKE TONIGHT.

UM, I CAN'T SPEAK FOR WHAT THE MAYOR WILL DO IN TERMS OF THE AMOUNT OF TIME, BUT YOU'LL BE ABLE TO BRING YOUR CONCERNS AGAIN TO THAT, THAT BODY, BUT WE ARE RECOMMENDING BODY TO THE COUNCIL.

SO, OKAY.

ANY COMMENTS FROM ANYBODY ELSE FOR THIS EVENING, STAFF? ANYTHING TONIGHT? NOTHING THIS EVENING.

OKAY.

JUST, I'M JUST GONNA MAKE A QUICK COMMENT THAT, UM, MY HEARTS AND PRAYERS ARE OUT TO THE PEOPLE YOU WERE CRYING THAT WHAT'S GOING ON IS CRAZY.

UM, AND HOPEFULLY THIS WILL BE RESOLVED IN MORE OF A PEACEFUL MANNER.

SO WITH THAT MEETING TURN.