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John S. Gendron
Hearing Officer
October 6, 2009 – 1:30 p.m.
View Conference Room, 2nd Floor
55 North Center Street
Mesa, Arizona, 85201
Staff Present Others Present
Angelica Guevara Shahir Safi Gordon Haws
Wahid Alam Haley Farris
Mia Lozano-Helland Mark Waverin
Rulon Anderson
Tricia Davis
Mark Rowley
Donita Cole
Mike James
CASES:
Case No.: ZA09-040
Location: 2600 to 2800 blocks of North Gilbert Road (east side) and 2000 to 2100 blocks of East McDowell Road (north side) Council District 1
Subject: Requesting: 1) variances to allow a fence to exceed the permitted height; 2) allow a reduced landscape setback; 3) eliminate a screen wall; and 4) requesting a Special Use Permit to allow a Comprehensive Sign Plan, all in conjunction with the development of a Park and Ride facility in the R1-43 zoning district.
Decision: Approved with conditions
1. Compliance with the site plan submitted except as modified by the conditions
below.
2. Compliance with the justification and compatibility statement submitted with
this application.
3. Compliance with Design Review Board case DR09-018.
4. Compliance with all requirements of the Development Services, Engineering,
Transportation, and Solid Waste Departments.
5. Compliance with all requirements of the Building Safety Division with regard
to the issuance of building permits if requested.
Summary: Shahir Safi and Gordon Haws represented the case for the City of Mesa. Mr. Gendron reviewed the request and asked about the 10’ perimeter wall at the north property line. Mr. Safi explained that during the neighborhood meetings the surrounding property owners specifically requested the 10’ wall as a sound and light barrier. It was clarified that the standard height for a wall in this situation would be 8’. The requests for a reduced landscape setback, reduced plant materials to ensure clear visibility to prevent crime, the signage, and the substitution of berms, shrubs and split-rail fencing for the typical screen wall were also discussed. Mark Rowley, a property owner, voiced his approval of the 10’ wall and also asked about ownership of the site. Mr. Sahir noted that ADOT is the property of record. Tricia Davis, a property owner, asked about existing walls and if they will be raised to the 10’ and match the new wall and access to the canal south of the 202. She also stated that equestrians have been crossing the ADOT property, rather than using the public right-of-way, to reach the canal horse trails adjacent to the 202 and asked if this would still be possible. Mr. Haws stated that this project will not modify the existing trail system. Mr. Haws further explained that the properties in question are owned by ADOT and MDOT and that there is no implied right to cross the property whether it is developed or undeveloped.
Ms. Guevara gave the staff report and staff recommendation. Mr. Gendron questioned the reduction of plant materials and asked if staff was in support of this request. Mr. Guevara acknowledged that staff was in support. Mr. Gendron approved the request with conditions per the staff report.
Finding of Fact:
1.1 The City of Mesa will build the Red Mountain Freeway Park & Ride facility at the northeast corner of Gilbert Road and McDowell Road. The site is an Arizona Department of Transportation (ADOT) “remnant” parcel from the construction of the 202 freeway. The facility will occupy 5.71 acres and will be located at 2831 North Gilbert Road in a R1-43 zoning district. The site is currently undeveloped.
1.2 The park and ride facility will include a convenience building approximately 396 square feet, single story consisting of one toilet for bus drivers, one janitorial room, and one electrical/ communication room.
1.3 The requested variance will allow the project:
a) To increase the height of the perimeter wall along the north property line from the allowed 6’ to 10’;
b) To reduce the landscape setback along the north property line from 25’ to 10’.
c) To replace the 30” high screen wall along Gilbert and McDowell Roads with a 3’ high split-rail fence;
d) To reduce the number of plant materials along Gilbert and McDowell Roads that would otherwise impede visibility to the site. The reduction to the number of plants is consistent with CPTED, Crime Prevention Through Environmental Design principles.
1.4 The Special Use Permit will allow the project signage in the residential R1-43 zoning district with the approved Comprehensive Sign Plan. The maximum signage allowed in the R1-43 district is one (1) sign no larger than 6 sq. ft.
1.5 The approved 10’ high perimeter wall along the north property line was a request by the adjacent homeowners during a neighborhood meeting with City of Mesa staff. The 10’ wall will mitigate noise impact from the facility and provide privacy for the residences to the north of the site. A 10’ precast screen wall that is textured on both sides will be installed along the common property line at the north end of the site. This wall will replace an existing 6’ high wall.
1.6 The variance to reduce the required 25’ landscape setback to 10’ is justified with a 200’ buffer between the homeowners to the north and the park and ride activities to the south.
1.7 The Zoning Code Section 11-15-4 Screening Standards for parking areas requires screening with a masonry wall and/or berm and supplemental shrubs and ground covers. The screening device must be 32”-40” high staggered in plan by at least 24” at intervals of 50’ maximum. The split-rail fence will incorporate the neighborhood design theme from the existing fence to the north along the east side of Gilbert Road. The combination of split-rail fence, berm, and vegetation will meet the intent of the code to screen the parking areas from the streets.
1.8 The plant materials along Gilbert and McDowell were reduced by approximately 30% from the required number to facilitate better visibility of the site and maintain CPTED principles of passive surveillance. This reduction of plant materials will allow clear visibility into the facility including the bus shelters from Gilbert and McDowell Roads.
1.9 Section 11-19-8 (D) 13 will allow a Comprehensive Sign Plan in the R1-43 zoning district that typically allows only 1 non-illuminated sign per parcel, not to exceed 6 square feet. The Special Use Permit will allow the facility to install 3 illuminated monument signs (2 directional signs) at the entrances and 1 identification sign at the intersection to direct the users to appropriate entrances. The monument sign at the intersection is 5’ high and 12’–8” wide. The sign structure will have 2’x2’ pilaster and a 4” CMU split face texture in a brown tone. The total sign area is 37.8 sq. ft. The detached sign design is included in the Design Review Board case DR09-18.
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Case No.: ZA09-041
Location: 7525 East Broadway Road
Subject: Requesting a Special Use Permit to allow a commercial communication tower to exceed the maximum height permitted in the O-S zoning district.
Decision: Continued to the October 13, 2009 hearing.
Summary: Roulan Anderson represented the case for Clearwire. Mr. Gendron asked about an existing monopole on the site and the distance between the two. Mr. Anderson provided information on wireless technology. Mr. Anderson objected to condition of approval 7 and issues related to the landscape yards. After discussion with staff and Mr. Anderson, Mr. Gendron suggested that staff and the applicant take time to work on the issues and continued the case to the October 13, 2009 hearing.
Finding of Fact: N/A
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Case No.: ZA09-042
Location: 451 East Juanita Avenue
Subject: Requesting a Special Use Permit to allow a commercial communication tower to exceed the maximum height permitted in the M-1 zoning district.
Decision: Continued to the October 13, 2009 hearing.
Summary: Mr. Gendron citing similar issues for this case as with ZA09-041 continued the case to the October 13, 2009 hearing.
Finding of Fact: N/A
Case No.: ZA09-042
Location: 302 South Country Club Drive
Subject: Requesting a Substantial Conformance Improvement Permit to allow development of a parking lot expansion of an existing distribution facility in the M-1 and TCB-1 zoning districts.
Decision: Application withdrawn
Summary: N/A
Finding of Fact: N/A
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There being no further business to come before the Zoning Administrator, the hearing adjourned at 2:43 p.m.
The cases for this hearing were digitally recorded and are available upon request.
Respectfully submitted,
John S. Gendron
Hearing Officer
mlh
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