Conditional Use Permit (CUP) 08.01: American Tower Corporation

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Conditional Use Permit (CUP) 08.01: American Tower Corporation

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To: Honorable Mayor and City Council Through: Kazi Haque, Planning Manager From: Rodolfo Lopez, Assistant Planner Date: September 16, 2008 Re: PUBLIC HEARING: Conditional Use Permit (CUP)-08.01 American

Tower: requests for a Conditional Use Permit to allow operation of a two hundred and four (204) foot lattice tower for wireless communication.

REQUEST

Conditional Use Permit (CUP) 08.01: American Tower Corporation is requesting approval of a Conditional Use Permit (CUP) to continue operation of a two hundred and four (204) foot lattice communications tower originally approved by Pinal County Special Use Permit-006-00. The lattice tower currently provides two (2) wireless communication providers (T-Mobile and Cricket), and can accommodate at least four (4) additional wireless communication providers. The site is within the Pinal Feed Lot at 15200 Fuqua Road, generally located southwest of Cowtown Rd and Fuqua Rd within the City of Maricopa incorporated limits. The property is zoned (CI-2) Industrial Zone.

RECOMMENDED MOTION

Move to approve Conditional Use Permit (CUP)-08.01. American Tower: a request for a Conditional Use Permit, for the duration of five (5) years as recommended by the Planning and Zoning Commission.

APPLICANT/ OWNER

American Tower Attention: Douglas Kearney 10 Presidential Way Woburn, MA 01801

Pinal Feeding Company PO Box 49 Laveen, AZ 85339

P: 714-875-6972 P: 602-237-4003 F: F: 520-316-6285

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PROJECT FACTS

Surrounding land uses:

North: Pinal Energy and Pinal Feeding Company, Zoned CI-2

East: Smith and Kelly Feeding Company, Zoned CI-2

South: Pinal Feeding Company, Zoned CI-2

West: Pinal Feeding Company, Zoned CI-2

Project site data:

Overall Site Acreage: + 136.33 Site Area (200 x 200 sq ft) + 0.91 Parcel #: 502-43-001H7 Current Zoning: (CI-2) Industrial Zone Current General Plan Designation: Master Planned Community Parking: Unmanned tower (no parking required) Equipment existing: 204 lattice tower T-Mobile Telecommunications Site - Existing

• 10’2 x 14’4” steel equipment platform

• existing stand by generator

• (6) existing antennas

• GPS antennas Cricket Telecommunications Site – Existing

• 9’ x 19’ steel equipment platform

• (3) existing antennas

• GPS Antennas

HISTORY The two hundred and four (204) foot tower was approved before the incorporation of the City. The County Board of Supervisors approved Special Use Permit-006-00 on August 16th, 2001 for five (5) years which expired in 2006 (see exhibit B) The City became aware of this when a request for co-locating on the tower by Cricket Communication was submitted to the City for a Temporary Use Permit. The application was reviewed and approved on February 25, 2008 with fourteen conditions (see exhibit A).

In the approved Temporary Use Permit one (1) condition was that it required American Tower to submit for a Conditional Use Permit within six (6) months of the approved Temporary Use Permit for Cricket Communications.

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American Tower is complying with the above stipulation as the Conditional Use Permit was submitted for City review and approval.

Below is a time line of events for this project: August 16, 2000 Voice Stream Wireless obtained an SUP-006-00

(Special Use Permit) on Tax Parcel 502-43-001H with a life span of five (5) years from Pinal County (Please refer to Exhibit B).

September 5, 2007 Applicant submitted a Pre-application to the City of

Maricopa Planning and Development Department.

November 29, 2007 Applicant submitted a Temporary Use Permit to the City of Maricopa Planning and Development Department.

February 13, 2008 Applicant submits application for a Conditional Use

Permit and Pre Application. February 28, 2007 Staff administratively approves Temporary Use

Permit-07.38 for Cricket communications. It is stipulated that American Tower must submit for a Conditional Use Permit with in six (6) months of the approved Temporary Use Permit. (Please refer to Exhibit B).

July 23, 2008 A public hearing notice was published in the Casa

Grande Dispatch

August 7, 2008 Applicant holds a neighborhood meeting, no one from the public attends and no formal public comment was received by City staff for or against the request.

August 11, 2008 Applicant submits Citizen Participation

Report.(Please refer to Exhibit D). August 25, 2008 Planning and Zoning Commission recommended

approval.

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ANALYSIS Under the City of Maricopa Zoning Ordinance a Lattice tower is not specifically allowed as a use within the Industrial CI-2 Zoning Designation. It is staffs determination that since the use would not conform to the zoning, that a Conditional Use Permit would be required. This process is the same the county required back in 2000:

Article 23 Sec. 2302 ADDITIONAL USE REGULATIONS AND CONDITIONAL USES: The City Planning Commission may, as a conditional use in the form of a Special Use Permit, after public hearing, authorize the location of the following buildings, structures or uses in a district from which they are prohibited by this Ordinance, when found to be in the interest of the public health, safety and general welfare of the community and surrounding areas:

a. Airport, heliport or landing field b. Amusement park or outdoor theater c. Cemetery or mausoleum d. Circus or carnival grounds e. Community building or recreation field f. Hospital, clinic or institution g. Privately and commercially operated recreational lake,

swimming pool or tennis court h. Public or governmental buildings i. Race track j. Signs k. Sport arena l. Stable m. Zoo, public or private n. Such other uses as the Planning Commission may deem

appropriate in the public interest. Before issuance of any conditional use for any of the above buildings, structures or uses, or before any change of use of the premises existing at the time of the effective date of this Ordinance or as permitted herein provided, is made, preliminary plans in sufficient detail and a statement as to the proposed use of the buildings, structures and premises shall be submitted to the City Planning Commission. These plans and statement shall be referred to the Planning Commission for study and report, and for public hearing. The Commission shall review such plans and statement and shall, after a careful study thereof and the effect that such buildings, structures or uses will have upon the surrounding territory, recommend such buildings, structures or uses where requested to be permitted provided the public health, safety, morals and general welfare will not be adversely affected, that ample off-street parking will

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be provided and that necessary safe-guards will be provided for the protection of surrounding persons and neighborhood values. Any buildings, structures or uses listed in paragraph 1 of this section, existing at the effective date of this Ordinance, shall be considered a non-conforming use, unless it has qualified as provided above, and has secured a Special Use Permit, or has secured a use permit from the Board of Adjustment. When found to be in the interest of the public health, safety, morals and general welfare, the Board of Adjustment is hereby authorized to approve any and all additions or structural alterations to special uses after they have qualified and have been approved by the City Planning Commission.

Since the applicant provides a public service to the community it would seem to relate to Article 23 Section 2302 n. Such other uses that the Planning Commission may deem appropriate in the public interest, which then qualifies the applicant to submit for a Conditional Use Permit under the above stated section.

1. SITE:

A. Zoning: I. The site is located within the Pinal Feed Lot at 15200 Fuqua Road, south

of Maricopa/Casa Grande HWY and north of Peters and Nall Rd. Zoned CI-2 industrial.

B. Setbacks: II. The tower meets the setbacks of half the distance of the structure from

any property line. In this case the tower is 204 feet high, half of that would be 102 feet setback requirement from any property line.

Sec. 2303 a … “subject to the requirements for detached accessory buildings in the zone which located and provided a wall or hedge is used in conjunction with such facilities, its center shall be located a distance from any lot line equal to not less than one-half its height.”

C. Access: III. Proper access to the site is denoted on the site plan (exhibit C) from

Cowtown Rd to Fuqua Rd that runs south and enters private property (parcel # 502-43-001L) that is owned by Pinal Feeding Company. American Tower does have legal access through the parcel with a recorded lease agreement between Pinal Feeding Company and American Tower Corporation.

D. City of Maricopa Building Safety Division: IV. The site has been through building safety review for proper updating of

the permit that was first issued with Pinal County.

E. City of Maricopa Fire Department: V. The City of Maricopa Fire Department has reviewed the site plan and

deemed it acceptable with two (2) stipulations.

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2. General Plan: F. In the General Plan it designates the area as Employment. The designation

allows for a broad range of uses intended for numerous types of development such as warehousing, office, manufacturing, retail, industrial, etc.

3. Citizen Participation Plan Report: G. The applicant has fulfilled all necessary requirements for processing a Citizen

Participation Plan. This included meeting date for all public meetings, meeting notices, evidence of posting of the site, newspaper clipping of all public meeting in the local newspaper circulation, and a sign in sheet (refer to attachment D).

No one from the public attended the neighborhood meeting and no formal public comment was received by City staff for or against the request.

PLANNING AND ZONING MEETING

Conditional Use Permit (CUP)-08.01 was presented to the Planning and Zoning Commission August 25, 2008 with recommendation for approval. The Commission requested some clarification of the (CUP) process and generally did not have any concerns. However, the applicant requested to extend the use to ten (10) years. Planning and Zoning Commission was not in support of the request and recommended five (5) years.

STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Permit (CUP)-08.01 as recommended and amended by the Planning Commission subject to the stipulations in the staff report.

PLANNING AND ZONING RECOMMENDATION

On August 25, 2008 a motion was made by Commissioner Jones to approve Conditional Use Permit (CUP)-08.01 subject to Planning and Zoning recommendations and the motion was seconded by Commissioner Robertson. Voice vote carried the motion 6-0.

1. The layout, design and set up of the communication tower shall conform to the application submitted to the City of Maricopa.

2. The Conditional Use Permit (CUP) will remain valid for five (5) years from the

date of the City Council approval; the applicant shall be required to submit for renewal of the CUP 30 days prior to expiration.

3. The applicant/landowner shall adhere to all Federal, State, County, and Local

regulation, and shall submit all required development plans and secure all applicable and require approvals, permits and inspection from applicable Federal, State, County, and Local regulatory agencies.

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4. The cellular tower and all currently proposed antennas must meet or exceed current standards and regulation of the FAA, the FCC, and any other agency of the state of federal government with the authority to regulate towers and antennas.

5. When residential/commercial development does occur adjacent to the property,

the cellular tower and the satellite dishes shall be enclosed by security fencing not less than six (6) feet in height and no more than eight (8) feet in height and shall be non-climbable. Above ground equipment cabinets shall be completely screened from view by compatible solid wall or view obscuring fence.

6. No signs shall be allowed on the property without a formal sign permit

application with the City of Maricopa.

7. Equipment storage buildings or cabinets shall comply with all applicable building codes.

8. The setback of the communication equipment and/or the accessory structures

shall meet the building setback for the zoning district in which it is located. The tower shall be set back a distance equal to at least one fifty percent (50%) of the height of the tower from any adjoining lot line or be constructed such that it collapse unto itself.

9. The cellular tower shall not be artificially lighted, unless required by the FAA or

other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding neighbors.

10. If outdoor lighting is proposed, applicant is to submit a photometric plan, cut-

sheet, and specs for all outdoor lighting fixtures for review and approval by Staff. All outdoor illumination shall be directed downward and away from public street and residential uses.

11. Any future expansion, additional antennas, or co-location to this facility shall

require a Conditional Use Permit or an amendment to the proposed CUP.

12. Per International Fire Code, Emergency signage must be posted and Fire apparatus gate must always be kept clear.

13. Applicant shall obtain a Business License within 30 days of the approval of

Conditional Use Permit by the City Council.

14. Applicant is required to obtain all necessary permits from Building and Safety and City of Maricopa Fire Department.

15. Barb wire on the chain link fence will be removed with in thirty (30) days of

legislative approval.

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Exhibits

A-TUP.07-38 C-Site Plan

B – SUP-006-00 D- Citizen Participation Report

E – PNZ August 25th 2008 minutes

--- End of Staff Report ---

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Citizens Participation Report August 11, 2008

Location: 15200 N. Fuqua Road, or 38351 Cowtown Road- CUP 08.01

Zone: CI-2 American Tower Site Number 41475 Pinal Feed Contact Doug Kearney PO Box 2467 Prescott, AZ 86302 Tel: 714-875-6972 [email protected]

On July 22nd, 2008 the following property owners and interested parties were sent notification via certified mail of American Tower Corporation request that the City of Maricopa allow continued operation of the 204 foot lattice communications tower under a new Conditional Use Permit which incorporates the conditions of approval approved by Pinal County. The facility was permitted when the area was under the jurisdiction of Pinal County with Special Use Permit 006-00. The Special Use Permit expired September 7, 2005. The notification provided information regarding the project and the location of the meeting. The meeting was held on August 7th, 2008, 5 P.M. at Maricopa Chamber of Commerce, 44870 W Hathaway, Suite 5, Maricopa, AZ 85239.

• Maricopa Unified School District

• El Dorado Holdings

• Smith and Kelly Feed Co.

• Pinal Feed Co.

• Pinal Energy

• Moric Nico

• AK-Chin Indian Community The meeting on August 7th, 2008 opened at 5 p.m. and by 5:40 p.m. none of the notified parties were in attendance. The meeting was subsequently closed at 5:45 p.m. To Date no inquiries regarding the project have been received.

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American Tower Corporation

2201 Dupont Drive, Suite 340

Irvine, CA 92612

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Irvine, CA 92612

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Irvine, CA 92612

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Irvine, CA 92612

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Irvine, CA 92612

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Irvine, CA 92612

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Irvine, CA 92612

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Planning and Zoning Commission Meeting Minutes August 25, 2008

5:32 PM Call to Order

A regular meeting of the City of Maricopa Planning and Zoning Commission was held at Global Water Center (22590 N. Powers Parkway – Maricopa, AZ 85238). The meeting was called to order at 5:32 pm.

Invocation Commissioner Wade delivered the invocation. Pledge of Allegiance Commissioner Bradbury led meeting attendees in the pledge of allegiance. Roll Call Commissioners present were: Commission Chair Rich Reeves, Commissioners

Tom Bradbury, Dale Jones, Mike Robertson, Courtny Tyler and Henry Wade. City representatives present were: Planning Manager Kazi Haque, Planner II Eric Fitzer, Assistant Planner Victor Castillo, Planner’s Assistant Rudy Lopez, City Attorney Tina Vannucci, and Commission Secretary Julia Gusse.

Agenda Item 3.0: Call to the Public

No one from the public came forward.

Agenda Item 4.0: Approval of Minutes

Commissioner Jones made a motion to approve agenda item 4.1, approval of the July 28th, 2008 Planning and Zoning Commission Meeting Minutes. Commissioner Tyler seconded. Motion passed unanimously, 6-0.

Agenda Item 5.1: Work Study Presentation

Presentation from the Economic Development Manager Danielle Casey and Assistant to the City Manager Nicole Dailey regarding the potential creation of a redevelopment district in the City of Maricopa.

Agenda Item 6.1: Public Hearing CUP 08.01

American Tower Corporation is requesting approval of a Conditional Use Permit (CUP) the continue operation of a two hundred and four (204) foot lattice communications tower originally approved by Pinal County Special Use Permit-006-00. The lattice tower currently provides two (2) wireless communication providers (T-Mobile and Cricket), and can accommodate at least four (4) additional wireless communication providers. The site is within the Pinal Feed Lot at 15200 Fuqua Road, generally located southwest of Cowtown Rd and Fuqua Rd within the City of Maricopa Incorporated Limits. The property is zoned (CI-2) Industrial Zone. Planner’s Assistant Rudy Lopez presented this agenda item. Displayed an overview of the location of the tower in question. Stated that the Applicant has completed the Citizen Participation Plan (CPP) and submitted the proper report to the Commission. Commission Chair Rich Reeves opened the Public Hearing CUP 08.01. Mr. Douglas Kerney, on behalf of American Tower Corporation, addressed the Commission. Stated that the City Staff has been very helpful with this process. Requested that the Commission consider a ten year term limit vice the 5 years that was recommended. Commission Chair Rich Reeves closed the Public Hearing. Questioned the timeline between the County and City permits. Planner’s Assistant Rudy Lopez stated that this issue was brought up when Cricket Communications requested to co-locate on the existing tower. The Applicant was informed by the County that the County no longer had jurisdiction. The Applicant then approached the City for an amendment and a

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temporary use permit was issued for six months with the condition to reinstate the use permit. This would then be the same type of permit the County originally issued. Commissioner Jones questioned Staff’s recommendation in regards to the Applicant’s request to extend from 5 to 10 years. Planner’s Assistant Rudy Lopez stated that the Staff recommended 5 years to allow the Commission and/or Staff to reevaluate the area in the case that it is developed and then issue stipulations or ordinances if need be. Commissioner Jones questioned the process in following through with the original CUP by the County. Planner’s Assistant Rudy Lopez stated that it would be as the original stipulations allowed; all FCC State and County rules and regulations shall apply. Commissioner Jones questioned if the Applicant has met all the stipulations required by the County 5 years ago. Planner’s Assistant Rudy Lopez stated that they had; per County’s guidelines. Commissioner Jones questioned Mr. Kerney as to why he wanted it to go to 10 years. Mr. Kerney stated that it would be to protect their assets. Stated that additional equipment added to the tower would have to be reviewed by the Commission at any point in time. Commissioner Jones stated that they could have asked for 20 years and questioned why they only asked for 10 years. Mr. Kerney stated that he thought it would be more meetable. Commissioner Jones questioned the General Plan future use for this area. Planner’s Assistant Rudy Lopez stated that the location of the tower was designated as an employment area. Planning Manager Kazi Haque stated that there was a recent E911 call from this location which is a private road. Stated that the Applicant has agreed to provide E911 access through a lock box. Commission Chair Rich Reeves stated that he works close to the location in question and stated that the cellular tower cannot be seen but what is visible and prominent is the large radio tower. Planner’s Assistant Rudy Lopez stated that the Applicant has stipulated to work with City Staff and fire department to provide some sort of lock box access. Commissioner Jones questioned if this was part of the Eagle Shadow development.

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Planner’s Assistant Rudy Lopez stated that it is not. Commissioner Jones questioned if the City Council changed some of the Eagle Shadow lots to residential. Planning Manager Kazi Haque stated that the area was changed residential after the County had zoned it industrial. Stated that Eagle Shadow reviewed and approved the tower in question before it was built at that site. Commissioner Jones questioned if it would remain residential. Planning Manager Kazi Haque stated that this was an overlay MPC. Planner’s Assistant Rudy Lopez stated that when the time comes that there is some development in that area, the Applicant is willing to provide some type of screening/fence. Commission Jones stated that in California the towers are made to look like pine trees. Commission Tyler questioned if this was an option; make it look like a palm tree. Mr. Kerney stated that the challenge would be the fact that it is 200’ high. Commissioner Jones moved to approve Agenda Item 6.1 for duration of five years, subject to the stipulations and as amended by the Commission. Commissioner Robertson seconded. Motion passed unanimously, 6-0.

Agenda Item 6.2: Public Hearing GPA 08.02

Commerce at Caymus, a request for a minor amendment to the City of Maricopa General Plan Land Use Plan from Medium Density to Employment. Rose Law Group, PC on behalf of Wildcat Capital Managers LLC is requesting a Minor General Plan Amendment to the City of Maricopa General Plan Future Land Use Plan. This amendment is being requested for General Plan Future Land Use Designation change of 76+ acres from Medium Density Residential to Employment to facilitate future Commerce opportunities in this area. The site is located at the southwest corner of Warren Road and McDavid Road within the City of Maricopa General Plan Area. More specifically the property is located in the northeast quadrant of Section 27, Township 4 South, Range 2 East. The City of Maricopa General Plan designates the site as Medium Density Residential. The land owner is requesting that the City’s General Plan Land Use designation, for the acreage specified, to be changed to Employment. Planner II Eric Fitzer presented this agenda item. Stated that with this GPA the City would be gaining employment and become a more sustainable community. Commission Chair Rich Reeves opened the Public Hearing GPA 08.02. No one from the public came forward. Commission Chair Rich Reeves closed Public Hearing GPA 08.02. Mr. Court Rich, Rose Law Group, conducted a power point presentation. Stated

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that the key is all about jobs; they would provide economic development on the 76 acre property which is consistent with the goals of the General Plan. Commissioner Tyler questioned what type of business may be location in this facility. Mr. Court Rich stated that this is on the front end of things but that they envision professional buildings. Commissioner Jones questioned the status of the Annexation. Planner II Eric Fitzer stated that the Annexation has been challenged and referred the question to Tina Vannucci, the City Attorney. Tina Vannucci stated that there is no news and that they have not heard from the courts. Commissioner Jones questioned if this GPA is currently in the City of Maricopa or in the process of annexing. Mr. Court Rich stated that technically they are in the City of Maricopa. Stated that it does not matter for the purpose of the General Plan Amendment. Stated that they are not since it is challenged. Commissioner Richardson questioned if there is a deadline for the decision on the Annexation. Tina Vannucci stated that it is in litigation and that there is no deadline. Commissioner Jones questioned if this was County general rule zoning. Planner II Eric Fitzer stated that it is County zoning and that once the Annexation is approved the City would then designate it municipal zoning general rule. Commissioner Jones questioned if this was a minor change because it is less than 600 acres. Planner II Eric Fitzer stated that under the General Plan use designation changes; this would fit under a minor amendment. Commission Chair Reeves questioned if the Applicant would have to appear in front of P&Z if the Annexation does not go through. Planner II Eric Fitzer stated that their decision would move forward no matter if the Annexation goes through or not. Commissioner Jones questioned if there were any stipulations or conditions that have to be set, we either say yes or no. Planner II Eric Fitzer stated that if it is Annexed through the City, it may still come back for the zoning. If it goes to the County, the County would then

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request comments. Commissioner Tyler questioned if there was any input from the surrounding community. Mr. Court Rich stated that there were three inquiries and all were positive. Planning Manager Kazi Haque stated that a Citizen Participation Plan (CPP) was conducted. Planner II Eric Fitzer stated that the public notices were published and the neighborhood was notified. Commissioner Tyler questioned if anyone showed up to the meetings. Mr. Court Rich stated that no one attended. Commissioner Bradbury stated that there are not many neighbors but 24,000 cows and questioned if the Applicants were aware of this. Questioned if people would want to be employed in this area due to the odors. Planner II Eric Fitzer stated that with the plan they are suggesting, they are buffering the dairy by 1/8 of a mile and anything helps. Commissioner Bradbury questioned if the Applicant/Owner was aware of the split change. Stated that they would be stuck with 26 acres that cannot be split any more. Mr. Court Rich stated that they anticipate coming back to the Commission with a PAD for the entire project. Commissioner Bradbury questioned if the owner was aware of this. Mr. Court Rich stated that they were. Commission Chair Reeves stated that it is nice to see employment opportunities rather than housing opportunities; anything that will bring opportunities into the city and offer a tax basin in Maricopa and Pinal County is more than welcomed. Commissioner Jones moved to approve Agenda Item 6.2. Commissioner Robertson seconded. Motion passed unanimously, 6-0.

Agenda Item 6.3: Public Hearing GPA 08.07

Christian Services Association is requesting a Conditional Use Permit (CUP) to allow for administration offices and bookkeeping at 45057 W Hathaway Ave. This Conditional Use Permit that is being requested would allow the Christian Services Association to conduct administrative and bookkeeping operations out of a residentially zoned lot within the Old Town Area of the City of Maricopa. The site is located just east of the southeast corner of Hathaway Avenue and Wilson Avenue within the City of Maricopa Incorporated Limits. The property is zoned General Rural (GR) and the applicant is proposing to utilize the property for a commercial office use.

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Planner II Eric Fitzer presented this agenda item. Commission Chair Reeves questioned if this was Steven Baker’s home. Planner II Eric Fitzer stated that this was former Commissioner Baker’s home. Stated that the CUP designation is considered with the General Plan land use for the area; Commercial with the Redevelopment District. Applicant is considering building a larger building but at this time funds do not permit this. They are encouraged with the redevelopment district and looking at buying more property in the future and doing more projects within the City. Commission Chair Rich Reeves opened the Public Hearing GPA 08.07. No one from the public came forward. Commission Chair Rich Reeves closed Public Hearing GPA 08.07. Commissioner Jones questioned where City Hall is located and requested a display of this location. Planner II Eric Fitzer displayed an overview. Commissioner Jones questioned if anyone would live in the property and if this was in the proposed redevelopment area. Planner II Eric Fitzer stated that no one would live there and displayed an overview; site plan, parking on site with an ADA bathroom. Stated that this was part of the redevelopment area. Commissioner Wade questioned if the ownership situation of the property; free and clear. Ms. Paulette Reed stated that the Church paid cash at purchase. Commissioner Jones questioned if this was church owned. Ms. Paulette Reed stated that people call them a church but that they are more of a ministry; take the gospel to the people, rather than the people coming to them. Commissioner Jones questioned the name of the ministry Ms. Paulette Reed stated that their legal name is Christian Services Association. Commissioner Wade commented on the City’s obligation by obligating themselves to them (the Ministry). Commissioner Tyler questioned if they also own the property across from the post office. Ms. Paulette Reed stated that they did; property is part of their ministry. Commissioner Tyler questioned if they would also be maintaining that property;

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have two properties. Ms. Paulette Reed stated that they would for now but their plans are to build one big center but right now they do not have the funds to do that. Commissioner Chair Rich Reeves questioned if this was the only residential property on that street. Planner II Eric Fitzer stated that the parcels adjacent to this property are residentially zoned. Planning Manager Kazi Haque stated that the General Plan calls for employment and this would be acceptable. Planner II Eric Fitzer stated that the Applicant is willing to work with the redevelopment efforts. Commissioner Wade moved to approve Agenda Item 6.3. Commissioner Robertson seconded. Motion passed unanimously, 6-0.

Agenda Item 6.4: SPR 08.09

Architects Southwest is requesting approval of a Site Plan, Landscape, Elevations and Photo-metric Plans for the proposed Maricopa Stake Center LDS Church within the Rancho Mirage Subdivision. Planner II Eric Fitzer presented this agenda item. Discussed the Stake Center and for the LDS Church Steeple stated that the Applicant will exceed the space requirements for parking but that the fire department and transportation has reviewed . Commissioner Jones questioned who was the board of adjustment. Planner II Eric Fitzer stated that under our ordinance this would be City Council. Commissioner Jones commented/questioned if the Board of Adjustment should be the planning commission and they would then give their recommendations to City Council. Planner II Eric Fitzer stated that some cities use the zoning administrator as the Board of Adjustment but the Council is it in this case. Commissioner Jones questioned that the P&Z Commission would never consider the steeple, unless the Board of Adjustment says yes or no and then it would come back to them (P&Z Commission). Planner II Eric Fitzer stated that P&Z can make recommendations to the Board of Adjustments. Commissioner Jones questioned that the steeple can go to the Council and they can say yes or no, it can then come back to us for a recommendation. Planner II Eric Fitzer stated that if there were major changes made, it would then go to the zoning administrator or the development services director and then he would decide if it would come back to P&Z or if it should go to City Council.

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Commissioner Jones stated that this was a complicated process. Planning Manager Kazi Haque stated that in our case, when the City incorporated, it chose to have the Council as the Board of Adjustment. Planner II Eric Fitzer stated that the Applicant has requested to come in with a text amendment to allow the steeple height. Planning Manager Kazi Haque stated that what they have is a site plan approval and this can be carried on with a stipulation that can address their thoughts regarding the variance. Commissioner Jones questioned Staff’s recommendation in regards to the steeple. Planner II Eric Fitzer stated that he would forward the variance to the board/Council but would not recommend for or against. Commissioner Tyler questioned the pavilion in the back of the structure. Mr. David Mason, on behalf of Architects Southwest, stated that the pavilion is an open ramada. Commissioner Tyler questioned the excess parking on the site proposed. Mr. David Mason stated that a LDS Ward is a congregation and there could be three congregations meeting in the same building; occasionally their meetings will overlap for an hour or two and the additional parking would accommodate the additional people there at any given time. Commissioner Tyler questioned if the area is all residential and stated that the excess parking would be a bit of an eye sore. Planner II Eric Fitzer stated that the area is residential and stated that the Applicant has exceeded the landscaping requirements. Mr. David Mason stated that the parking area is broken up very well with much landscaping in the excess of what the City requires. Commissioner Tyler stated that she would like to see less parking. Mr. David Mason stated that the Church has a minimum 300 space requirement for this type of building. Commissioner Tyler stated that she was referring to the excess 75 spaces. Mr. David Mason stated that it is 75 extra spaces than what the City requires. Planner II Eric Fitzer stated that many of the churches of this size will fill up and what they do not want is overflow parking on the streets since it is not allowed in that area. The City would rather have the parking on the site.

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Commissioner Tyler questioned the lighting. Planner II Eric Fitzer referred to the photometric plans. Commissioner Jones questioned if there was any homes currently in that area. Planner II Eric Fitzer stated that there are no homes with the exception of a few homes at the Sorrento site. Commissioner Jones stated that any housing that would be coming in would be following the church and the people buying those homes will have to decide if whether or not they want to live by that church. Mr. David Mason stated that the area surrounding this site is owned by Shea Homes and they are in the process of selling all this property to an investor and that property cannot be developed for at least five years. Commissioner Bradbury questioned if the building would be for public use. Mr. David Mason stated that there would be no public use, strictly private. Commissioner Wade questioned how this building compared to the existing LDS building in Maricopa. Mr. David Mason stated that this is a Stake center. Stated that within the LDS church, a Ward is a comprised of a geographical area and a Stake Center is comprised of three Wards. At the Stake Center members of the Ward would come together and meet a few times a year; thus the purpose of the excess parking. Commissioner Tyler questioned if the coming together of the Wards occurred twice a year. Mr. David Mason stated that it does occur twice a year, and therefore this building is much larger and requires the extra parking. Commissioner Wade questioned that for a typical service, the building would not be used to its full capacity. Mr. David Mason stated that at a typical service, the building would fill to about 60% - 70% of its capacity. Commissioner Wade stated that he is also concerned with the excess parking when it will not be utilized but twice a year and thus creating a parking eye sore. Mr. David Mason stated that if anyone is concerned about this, they should take a look at some of the other sites within the valley and you will not see excess asphalt; you will see proper landscaping. Commissioner Jones questioned why the church wants the steeple to go 30’ higher than was allowed.

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Mr. David Mason stated that the purpose for the steeple is to avoid a 30’ building with a short steeple, appearance wise it does not look right. The reason this steeple goes higher than the other building in Maricopa is because this is a bigger building and the peak of the roof is at a higher point to start with. The size of the steeple is keeping with the scale of the building. Commissioner Jones questioned the height of the steeple. Mr. David Mason stated that they are requesting an additional 30’; as built in Gilbert, Mesa, Queen Creek and Tucson. Commissioner Tyler questioned where the Stake house is in Chandler. Mr. David Mason stated that he did not have the information but would provide that to the Commission. Commissioner Jones moved to approve SPR08.09, but the motion failed without being seconded. Commissioner Tyler stated that she would not approve due to the excess parking. Planner II Eric Fitzer questioned if there were any stipulations the Commission would like to see added and language added to the report that will go to the Board of Adjustment. Commissioner Tyler recommended stipulations of only allowing an additional 20 parking spaces and not allow the variance for the steeple. Planning Manager Kazi Haque stated that the variance is not part of the approval but the Commission can state a recommendation that they do not approve the steeple height. Commissioner Robertson questioned the approved height of the steeple. Mr. David Mason stated that the current approved height is 60’ 1” and stated that it is not an uncommon request on their behalf. Stated that other cities have approved the additional height of the steeple and that this is common and standard in those communities. Commissioner Tyler made a motion to approve Agenda Item 6.4, SPR 08.09 with the stipulation that they only allow 264 parking spaces and the elevation of the steeple not to exceed 60’ 1”. Commissioner Wade seconded. Motion passed, 4-2.

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Agenda Item 7.0: Report from Commission and/or Staff

Councilman Diedrich addressed the Commission to establish a taskforce to work on the by-laws. Stated that a taskforce of no more than three Commissioners would avoid a quorum and if interested they should contact Julia. Planning Manager Kazi Haque updated the Commission on the three General Plan Amendments; open house and future scheduled meetings. Distributed the Annual Report to the Commission. Stated that there will be a various work study sessions coming up to discuss; the General Plan, Redevelopment District, PRL (Parks, Recreation and Library) Master Plan and everything going on in the City. Discussed the future adoption of the Pinal County Comprehensive Plan. Indicated that in the future, Staff will discuss the land subsidence disclosures. Indicated that Mr. Keith Betsuie has been selected by the City Council to represent the City with the Indian Communities and Gila River. Commissioner Wade requested a follow-up on the incoming multi-family housing. Planning Manager Kazi Haque stated that the Staff will complete a report of those multi-family projects.

Agenda Item 8.0: Executive Session

The Commission did not go into Executive Session.

Agenda Item 9.0: Adjournment 7:43 p.m.

Commissioner Wade made a motion to adjourn the meeting at 7:43 pm. Commissioner Tyler seconded. Motion passed unanimously, 6-0. The meeting was adjourned at 7:43 pm.

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the Maricopa Planning and Zoning Commission held on the 25th day of August, 2008. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 26th day of August, 2008. ________________________

Julia Gusse, Secretary, Planning and Zoning Commission

Conditional Use Permit (CUP) 08.01: American Tower Corporation

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