5-Minute Qwicky > Planning & Zoning Meeting Wed 08.26.2020

NO bluecards . . . 
Any discussion was already done in the Study Session that preceded this - and we don't know anything about that!

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•Aug 26, 2020 

Call meeting to order. 

1 Take action on all consent agenda items. Items on the Consent Agenda 

2 Approval of minutes from previous meetings. *2-a 

PZ 20105 Minutes from the August 12, 2020 study session and regular hearing

City of Mesa Page 1 Printed on 8/20/2020 Planning and Zoning Board - Public August 26, 2020 Hearing Meeting Agenda - Final 

3 Take action on the following zoning cases: 

PZ 20106 ZON20-00312 District 5. 

Within the 200 block of North Power Road (east side). Located south of University Drive on the east side of Power Road. (1± acres). 

Site Plan Review. 

This request will allow for the development of a restaurant with a drive-thru. John Gerdes, Texas Land Engineers, Inc., applicant; 

STRR Investments LLC, owner. 

Planner: Kellie Rorex 

Staff Recommendation: Approval with conditions *3-a 

PZ 20107 ZON20-00354 District 6. 

Within the 4700 to 4900 blocks of South Ellsworth Road (east side) and within the 9200 to 9300 blocks of East Point Twenty-Two Boulevard (north side). Located east of Ellsworth Road and north of Point Twenty-Two Boulevard. 

(15.3± acres). 

Site Plan Review. 

This request will allow for a multiple residence development on the property. Brian Andersen, BMA Architecture, applicant

DMB Mesa Proving Grounds, LLC, owner. 

Planner: Cassidy Welch 

Staff Recommendation: Approval with conditions *3-b 

PZ 20108 ZON20-00435 District 5. 

Within the 2900 to 3100 blocks of North Greenfield Road (east side). Located north of McDowell Road on the east side of Greenfield Road. 

(21.5± acres). 

Site Plan Review; and a Special Use Permit. 

This request will allow for an industrial development on the property. 

Sterling Margetts, Kimley Horn, applicant; 

Hughes Helicopters, Inc., owner. 

Planner: Lesley Davis 

Staff Recommendation: Approval with conditions *3-c 

4 Discuss and make a recommendation to the City Council on the following zoning case: 

PZ 20109 ZON20-00475 District 6. 

Within the 10500 to 10800 blocks of East Southern Avenue (south side). Located west of Signal Butte Road on the south side of Southern Avenue. 

(3.6± acres). 

Rezone from RM-4-PAD to LC-PAD. 

This request will allow for a mixed-use development. 

Reese Anderson, Pew & Lake, PLC, applicant; 

Signal Butte BFC, LLC, owner. 

Planner: Evan Balmer 

Staff Recommendation: Approval with conditions *4-a 

City of Mesa Page 2 Printed on 8/20/2020 Planning and Zoning Board - Public August 26, 2020 Hearing Meeting Agenda - Final 

5 Discuss and take action on the following preliminary plat: 

PZ 20110 “Destination at Gateway - Parcel 3 and 9” District 6. 

Within the 11000 to 11200 blocks of East Williams Field Road (south side) and within the 6000 to 6200 blocks of South Mountain Road (west side). Located on the southwest corner of Williams Field Road and Mountain Road. 

Preliminary Plat. 

Sean Lake, Pew & Lake, PLC, applicant; 

Signal Butte 24, LLC, owner. 

Planner: Cassidy Welch 

Staff Recommendation: Approval with conditions *5-a 

Items not on the Consent Agenda 

6 Adjournment. 

The City of Mesa is committed to making its public meetings accessible to persons with disabilities. For special accommodations, please contact the City Manager's Office at (480) 644-3333 or AzRelay 7-1-1 at least 48 hours in advance of the meeting. 

SUSPICIOUS OBSERVERS: Quakes Rising, What it Will Take From the Sun 09.01.2020

BIG NEWS DAY !!!!
WHAT WILL IT TAKE TO END CIVILIZATION AS WE KNOW IT?

6,741 views

•Sep 1, 2020

Portland Protests Rage On After Trump Supporter Shot and Killed

4,833 views

•Sep 1, 2020 

Oregon State Police have returned to Portland after Trump supporter Aaron "Jay" Danielson was shot during clashes with Black Lives Matter protesters. Danielson was part of a a caravan of counterprotesters to a Black Lives Matter demonstration on Saturday. 

He was a “friend and supporter” of right-wing group Patriot Prayer, leader Joey Gibson said. Trump tweeted his support for the caravan, calling them “great patriots.” Protests continued in Portland on Monday evening as the U.S. city approaches 100 consecutive nights of Black Lives Matter demonstrations. Scores of people took to the streets, setting fire to a bench and chanting Black Lives Matter while police tried to move on demonstrators. Oregon State Police were set to patrol the nightly protests with help from officers from neighboring communities as they sought to tamp down on vandalism and violence following the fatal shooting of Danielson. President Donald Trump has made Portland and its Democratic leadership a frequent target and the centerpiece of his “law and order” re-election campaign theme. He blamed Portland Mayor Ted Wheeler for allowing violence to continue in the city, which has been the recent site of protests. Portland police have come under fire for using tear gas against protesters and have been criticized for being overly aggressive/

Danielson's death was the third fatality in less than a week as racial equality protesters clashed with armed counterprotesters backing President Donald Trump and law enforcement in several cities across the U.S. Two protesters were killed last week in Kenosha, Wisconsin, a city that has seen widespread demonstrations and violence since a Black man, Jacob Blake, was shot seven times in the back by police. The past week has marked a new violent chapter in protests that began with the police killing of George Floyd in Minneapolis in May, as demands for racial justice have increased amid a divisive presidential campaign. Subscribe to our YouTube channel: https://bit.ly/2TwO8Gm QUICKTAKE ON SOCIAL: Follow QuickTake on Twitter: twitter.com/quicktake Like QuickTake on Facebook: facebook.com/quicktake Follow QuickTake on Instagram: instagram.com/quicktake Subscribe to our newsletter: https://bit.ly/2FJ0oQZ Email us at quicktakenews@gmail.com QuickTake by Bloomberg is a global news network delivering up-to-the-minute analysis on the biggest news, trends and ideas for a new generation of leaders.

The Rise of Whte Vigilantes

The guy-in-thegreen-shirt (from The Nation)
Fast forward to Tuesday night in Kenosha, Wis.
". . . Local cops patrolled the streets in armored vehicles, seeking to enforce the city’s 8 pm curfew set in the wake of the police shooting of Jacob Blake.
When they rolled up to a group of white men with assault rifles—self-described militia members—they greeted them over one of the armored cars’ speaker systems: “We appreciate you guys, we really do.” 
An officer in one of the vehicles stuck his torso out of the hatch and tossed a bottle of water to a rifled teenager in a green T-shirt.
Soon after the encounter, the boy in the green shirt, Kyle Rittenhouse, allegedly shot three protesters, killing two of them.

• 
  MEDIA

17 HOURS AGO

How the Media-Fueled Rise of the KKK Explains the White Vigilantes in Kenosha

This is not the first time politicians stoked violence from aggrieved whites.

• JACOB ROSENBERG

  Assistant Editor

Kyle Rittenhouse, left, with backwards cap, walks with another armed civilian in Kenosha, Wisconsin.The Journal Times/AP

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.

"In Kenosha, Wisconsin a 17-year-old dressed up in the regalia of the modern warriors he saw online—AR-15 style rifle, backward hat, jeans—to patrol a protest. Kyle Rittenhouse wound up shooting two people fatally and injured one more. Republican media has already spun this idea. He saw a lawless world in the uprisings of people demanding respect, they say. He was pressed into duty as a wannabe cop because the regular cops have been hamstrung, they say.

“Those in charge, from the governor on down, refused to enforce the law.” Tucker Carlson told viewers last Wednesday. “How shocked are we that 17-year-olds with rifles decided they had to maintain order when no one else would?”

This idea, of a vigilante maintaining order when he sees Black people rising up, reminded me of the birth of the Ku Klux Klan.

Like the Klan, today’s right-wing military groups are discreetly organized and wrapped in myth. They’re small organizations that gain power when they make national headlines, eager to throw open their doors to anyone looking for a home for his or her sense of grievance. And like the Klan, groups tend to spring up when politicians say lawlessness is rampant and someone has to do something. . . 

READ MORE >  Mother Jones 

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OTHER LINKS ON THIS BLOG

US Law Enforcement’s Warrior Complex Is on Full Display in the Streets—and in Leaked Documents 

https://mesazona.blogspot.com/2020/08/at-your-fingertips-take-aways-from.html

Public Hearing: Zoning Board of Appeals Wed 09.02.2020 > GRANTS OF SPECIAL PRIVILEGE for ECO Mesa

Those are the BIG ISSUES in this Study Session for a Public Hearing - and to try to make sure there's no hint of corruption or kowtowing to "Special Interests" and closely-connected cohorts of Hizzoner Mayor John Giles all 7 members of the Zoning Appeals Board will get to hear and to discuss a presentation of the city's Open Meeting Laws.
This rushed and attempted fast-tracking of a development proposal originated with an entity named Habitat Metro, two of whose principals in the formation and registration of a number of holding companies are former Arizona State-Senator Bob Worsley and his business partner W. Tim Sprague. Back in 2018 they had plans for a 15-story luxury hotel built on top of The Drew Street Parking Lot . . .
PRESS RELEASE

Caliber and Habitat Metro buy eight Arizona buildings for $7.5M

February 26, 2018 By Iris Dorbian

SCOTTSDALE, Ariz.–(BUSINESS WIRE)–Caliber – The Wealth Development Company, a real estate investment, development and management firm, and project partner, Habitat Metro, have purchased eight downtown buildings for $7.5 million on Main Street in Mesa, Arizona. 
(See other posts on this blog for more details)

 

The eight-building acquisition was purchased with the Caliber Diversified Opportunity Fund II, LP . . .

An aerial view shows the buildings that Caliber, The Wealth Development Company purchased and will redevelop in Mesa. They are outlined in red.

Below is the proposed development site for Eco Habitat

 

Strange as it may seem, this proposed project now given the new name "Eco Mesa", is the fourth downtown in-fill development proposal that uses under-utilized city-owned parking lots to qualify for both (government-owned property) GPLET tax incentives and private wealth-creation Opportunity Zone incentives.

It's a complicated item - with a long history - compounded by being put on the agenda for a City Council Session with only a 24-hour notice to give a presentation with the added pressure for
Major Points To Be Negotiated or Resolved - with the deadline of September 15,2020.
What do we know about "the local and trusted" developer Habitat Metro?

LET'S FIRST TAKE AT THIS MEDIA MANIPULATION
More apartments coming to downtown Mesa

By Jim Walsh Tribune Staff Writer

"An expensive obstacle won’t halt the construction of Eco Mesa, a high-end sustainable apartment complex that will rise over a downtown Mesa parking lot, attracting a higher-income clientele.
City officials anxious to see the trendy six- or seven-story apartment complex have agreed to move an antiquated electric duct bank that otherwise would block the development at a cost of nearly $600,000 to move the $30 million project into high gear.

They also agreed to a tax incentive program, . .

“I can’t remember the last time, if ever, I was excited about an apartment complex,’’

Mayor John Giles said.

Eco Mesa will have 102 units, catering to renters who are likely will to spend more for the location and to live in a sustainable building, said Jeff McVay, downtown transformation manager.

A development agreement being negotiated with Eco Habitat, a developer with a lofty reputation, would include a Government Property Lease Excise Tax, . .

McVay said the developer has financing arranged through an Opportunity Zone investor, but that all approvals must be in place by Sept. 15.

He said he will bring the development agreement before the council when it returns from a summer break in late August. . ."

( Mesa Tribune )

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City of Mesa | Board of Adjustment

Study Session and Public Hearing

To decrease COVID-19 exposure, the City Council Chambers is closed, but public participation will be available electronically and telephonically and listening to the meeting will be available electronically. 
Members of the Board of Adjustment will conduct their study session meeting via a telephonic conferencing platform, and the live meeting will be accessible telephonically. 
The live meeting may be listened to by calling 888-788-0099 or 877-853-5247 (toll free) using meeting ID 530 123 2921 and following the prompts. 

Public participation will be available electronically and telephonically. 

If you want to provide a written comment or speak telephonically at the meeting, please submit an online comment card at least 1 hour prior to the start of the meeting. 
If you want to speak at the meeting, you will need to indicate on the comment card that you would like to speak during the meeting, and you will need to call 888-788-0099 or 877-853-5247 (toll free) using meeting ID 530 123 2921 and following the prompts, prior to the start of the meeting. 
You will be able to listen to the meeting; and when the item you have indicated that you want to speak on is before the Board, your line will be taken off mute and you will be given an opportunity to speak. 
Applicants and their representatives who have items on the Board agenda and who want to be able to comment on their item or be able to answer questions should fill out this Applicant online comment card at least 1 hour prior to the start of the meeting and call 888-788-0099 or 877-853-5247 (toll free) using meeting ID 530 123 2921 and following the prompts, prior to the start of the meeting. 
You will be able to listen to the meeting; and when the item you have indicated that you want to speak on is before the Board, your line will be taken off mute and you will be given an opportunity to speak.  For help with the online comment card, or for any other technical difficulties, please call 480644-2099. 
_________________________________________________________________________________
Board of Adjustment
Web Page: https://www.mesaaz.gov/government
The Seven members conduct public meetings to hear and decide upon requests for variances, special use permits, and interpretations of the City of Mesa Zoning Ordinance and Sign Code.
Members are appointed for staggered terms of three years.
For a full explanation of the duties and responsibilities of the Board of Adjustment, see Title 11 - Zoning Ordinance, Chapter 66, Section 3 of the Mesa Code of Ordinances. 

Board Member:	Role:	Date Appointed:	Term Expires:
Chris Jones	Chair	07/03/2017	06/30/2021
Kathy Tolman	Vice-Chair	07/05/2016	06/30/2022
Adam Gunderson	Board Member	07/03/2017	06/30/2020
Ken Rembold	Board Member	10/16/2014	06/30/2021
Nicole Lynam	Board Member	07/01/2019	06/30/2022
Steven Curran	Board Member	07/01/2015	06/30/2021
Wade Swanson	Board Member	08/16/2012	06/30/2020

 
First Wednesday of every month

5:30pm


City Council Chambers (lower level)
57 E. First Street
Bylaws
Staff Contact:
Rachel Prelog, Senior Planner
Rachel.Prelog@mesaaz.gov
480-644-2762
City of Mesa Planning Division
55 N. Center Street
P.O. Box 1466
Mesa, AZ 85211-1466 _________________________________________________________________________________

Board of Adjustment Study Session
4:30 PM Virtual Platform Wednesday, September 2, 2020
Printed on 08.27.2020
City Council Chambers 57 E. First Street

Chair Chris Jones
Vice Chair Kathy Tolman
Boardmember Ken Rembold
Boardmember Steve Curran
Boardmember Adam Gunderson
Boardmember Nicole Lynam
Boardmember Alexis Wagner*
Meeting Agenda - Final
1 Call meeting to order
2 Election of Chair and Vice Chair
3 Staff update
   (a) Update on the General Plan and Zoning Ordinance Amendment Open House
4 Open Meeting Laws Presentation.
   (a) Receive and discuss a presentation on Open Meeting Laws
5 Review and discuss items listed on the Public Hearing agenda for September 2, 2020.
__________________________________________________________________________________

 

CLICK OR TAP HERE 

_________________________________________________________________________________

File #:

ADJ 20055

Type:

ADJ Action

Status:

Agenda Ready

In control:

Board of Adjustment Public Hearing

On agenda:

9/2/2020

Title:

BOA20-00497 - District 4. Within the 100 to 200 block of West Pepper (south side). Requesting a variance for a reduced setback to parking spaces along a main drive aisle connecting directly to a street, and the Form Based Code Building Form Standards, Building Type Standards and Private Frontage Standards, to allow a mixed-use development in the T5 Main Street Flex (T5MSF) Transect Zone.  Staff Planner: Jennifer Gniffke Staff Recommendation: Approval with Conditions

Attachments:

1. Vicinity Map, 2. Staff Report, 3. Justification and Compatibility Statement, 4. Site Plan, 5. Floor Plans

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JUSTIFICATION. AND COMPATIBILITY STATEMENT
ECO MESA PROJECT NARRATIVE STATEMENT:   
ECO MESA is a mixed use infill residential rental community designed with sustainability and walkability in mind. 

Rooftop solar panels will provide over 50% of the development’s energy needs, gray water capture from showers will irrigate the landscaped areas and a car share program will be available for residents. 
Located just one street north of the light rail in downtown Mesa, the building is located in and designed to the T5MSF transect of the form based code. 
The building will be constructed in the place of the 76 parking space Purple Lot, and will provide those same 76 public parking spaces plus additional parking for residents onsite. 
The building will yield 102 rental apartment units including studios, 1 bedroom and 2 bedroom units. 
The structure will feature
> 3 parking floors of Type I C.I.P. concrete construction below the 3 hr podium slab, and
> 4 residential floors of Type V wood frame above the podium slab. 
The top of wood frame structure at roof plane will be 72’-0”.  A number of rooftop appurtenances in the form of stair and elevator overrun, and a sizeable array of solar panels will be constructed below the maximum allowable height of 85’ per form based code. 
These elements will be of non-combustible construction.
If you have questions regarding ECO Mesa, please feel free to reach out to: 
Development Team: Mr. Tim Sprague of Habitat Metro…  tim@habitatmetro.com
Architect:  Mr. Martin Ball of CCBG Architects… mball@ccbgarchitects.com 
_________________________________________________________________________
OVERVIEW AND BACKGROUND: 
Habitat Metro, LLC represents the ‘Landowner’ in redevelopment of approximately 1.17 acres (gross) in Downtown Mesa for a mid-block site consisting of 6 parcels between Robson and McDonald on the south side of Pepper Pl. 
The subject parcels are currently home to the City of Mesa Downtown surface parking Purple Lot, including existing electrical and trash/recycle infrastructure serving neighboring businesses. 
The landowner has opted into the Form Based Code (“FBC”) zoning for this project redevelopment.  Based on the FBC Regulating Plan (11-57-1), the parcel is designated FBC T5MSF. 

PURPOSE FOR REQUEST:   
The purpose for making this variance request is to redevelop the subject parcels into a mid-rise mixeduse development featuring residential rental units, replacing existing public parking and providing new ground level retail opportunities within one block of the light rail.  Given the existing electrical infrastructure onsite, and more stringent parking setback requirements than exist for the surface lot today, there are a few instances where the new structure must request variance from specific elements of the Form Based Code requirements described below:   
Note:  In each request below, responses are given for the following justification questions.
 > Explain what special circumstances or conditions apply to this property that my not apply to other properties in this area or zoning district (example:  size, shape, topography, location or surroundings).
 > Explain how the special circumstances or conditions cited in Question #1 originated.  Are these conditions pre-existing and not self-imposed?  Why or why not?
 > Explain how strict compliance with the Zoning or Sign Ordinance would deprive the property of uses or development options available to other properties in the same zoning district   
> Explain why the requested variance will not grant special privilege or unusual vafor to this property or development over other sites with similar circumstances and zoning. 

1)  Omit… item removed from consideration  

2)
TRANSECT GUIDELINE: 
Building Types Standards:  Building Size and Massing (11-59-14(D))
Building width is 264’ at its widest point, and is 256’ at the right of way line.  
Maximum allowed is 200’. 
Solution: 
Development team requests Variance from 200’ limit not to exceed 264’ total width.
 
Justification for variance:   
A new structure limited to 200’ of width per the FBC while simultaneously incorporating the existing onsite public parking plus electrical would constitute an economic hardship to the development team in lower yield of residential and retail, and require another level of underground parking in order to accommodate all functions. 
It would also leave a 90.25’ wide second parcel or unused portion of a single lot which is encumbered by part of the existing underground electrical infrastructure that would likely prove durable and/or challenging for a smaller development to accommodate in the future.  The architectural design of this longer structure incorporates a deep vertical cut in the façade at the elevator core in order to further articulate the building into smaller logical masses.
Approval of this variance would not constitute a grant of special privilege because the specific infrastructure encumbrances unique to this site plus accommodation of existing public parking function while upgrading the same amenity to garaged covered public parking within the constraints of a more restrictive newly adopted Form Based Code where a 30’ setback of said public parking is required… will require the use of the entire width of the unencumbered site. 
The same surface parking lot under the FBC would itself be in violation of the allowable width of the parcel, and would lose 25% (19 of 76 spaces) of its parking capacity with the 30’ surface parking setback imposed upon it. 
As such, the conditions are not self-imposed but are pre-existing  as evidenced by the existing Purple Lot that currently exceeds the allowable width of the combined parcel. 
The requirement and need to maintain the existing 76 parking spaces of the Purple Lot for public use deprives the property of uses or development options available to other properties in the same zoning due to its inherent location and necessity for its existing use to be maintained.  
Guideline building mass depth above 2nd floor is not perceptible from street. 

3)
TRANSECT GUIDELINE:  Building Size and Massing (Sec 11-59-14(D))
Building width on 3rd floor is 135’.
Building width on 4–7 floors is less than 76’-8” (two units plus 6’ hallway) Maximum allowed is 65’.
Solution: 
Development team requests Variance from 65’ limit not to exceed 76’-8” 

Justification for variance at residential floors and rooftop apurtenance:   
Variance from guideline dimension of 65’ for all floors above 2nd floor of a mid-rise is proposed for the 3rd floor parking deck, and for each residential floor, parapet and solar panel rooftop apurtenance.  The residential floors feature a typical unit depth of 33’ which extends to 35’-4” at the point of deepest building shaping projection.  Hallways are a minimum of 6’-0” clear.  These dimensions are not uncommon in modern urban infill residential solutions, and allow for the bulk of the usable balcony (5’-0” depth) to be inset rather than extend fully from the face of structure.  This set of modules, when assembled generates a building section of roughly 76’-8”.  It also results in a smaller exterior wall surface per unit and a greater surface area of roof which both serve the sustainability goals of this project.  Strict adherence to the codified 65’ would result in wider, shallower units which would reduce the potential yield of residential units on this site that is limited on east and west sides by existing electrical infrastructure. 
Approval of this variance would not constitute a grant of special privilege because the guideline depth of building section, as applied to this site which is encumbered by existing City of Mesa electrical infrastructure is a condition unique to this building site, and is not shared by all other privately held land with a Form Based Code T5MSF mid-rise overlay. 

Justification for variance at 3rd floor parking deck:   
The third floor parking deck extends the full depth of the parcel to allow for 2 efficient double loaded parking bays in order to provide enough parking for residents and to fully replace the existing Purple Lot public parking onsite.  This 3rd floor of parking is required as the number of existing parking spaces on the existing surface lot does not setback from right of way line the 30’ required from the Form Based Code T5MSF mid-rise typology. 
When adhering to this mark, and when added to the number of spaces required to provide a minimum of 1:1 parking ratio for residents, a third level is required. 
Given existing electrical infrastructure to remain onsite (either active or abandoned in place), the construction of a full or partial basement relative to the utilization of same is both costly and functionally prohibitive due to the existing underground infrastructure. 
Approval of this variance would not constitute a grant of special privilege as the floor to floor height and configuration of the architecture at the primary street façade and alley results in a building mass that reads as a tall first floor with shopfront/arcade development plus a shorter (visually speaking) second floor mass containing stacked resident fitness amenity. 
The height of the podium atop these three levels of parking is less than 30’ from existing grade which is not out of character for a tall first floor and floor above for a commercial structure when considering the formal character rather than the number of floors. 
In both instances above, the conditions are not self-imposed but are pre-existing by the need to maintain the existing Purple Lot an address the existing utility infrastructure that currently exceeds the allowable width of the parcel. 
Furthermore, the unique existing conditions of the site limit the development options over other sites with similar circumstances and zoning.