Wednesday, April 14, 2021
REMOTE ZOOM @ 4:00 PM Today > City of Mesa Planning & Zoning Board PUBLIC HEARING Wed 04.14.2021
One more WFH or WFHO - work from home or work from home office - readers of this blog can probably figure out where the members of the city's Planning & Zoning Board are broadcasting from although at least one member has constantly used a virtual background while some have better Zoom Platform skills than others.
Please Note: There is a Study Session scheduled an hour ahead of this at 3:00 p.m. but those have not been recorded by Mesa Channel 11 or uploaded to their YouTube channel for quite some time. The PZ Board will be "studying" two items brought back before them, one about Retail Recreational Marijuana and another about zoning for Group Homes.
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Agenda PUBLIC HEARING
Planning & Zoning Public Hearing
To decrease COVID-19 exposure, the City Council Chambers is closed, but public viewing and participation are available electronically.
Members of the Planning and Zoning Board will appear electronically for this meeting, via a video conferencing platform, and the live meeting will be accessible via broadcast and telephonically.
Because of the current public health emergency, the City Council Chambers is closed for Planning and Zoning Meetings.
Public participation will be available electronically.
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Link to ONLINE COMMENT CARD >
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> 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 480-644- 2099.
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Planning and Zoning Board - Public Hearing City of Mesa
Meeting Agenda - Final
Council Chambers 57 E. First Street
- Chair Dane Astle
- Vice Chair Jessica Sarkissian
- Boardmember Tim Boyle
- Boardmember Shelly Allen
- Boardmember Jeffrey Crockett
- Boardmember Deanna Villanueva-Saucedo
- Boardmember Benjamin Ayers
Wednesday, April 14, 2021 4:00 PM
Virtual Platform
CONSENT AGENDA
All items listed with an asterisk (*) will be considered as a group by the Board and will be enacted with one motion. There will be no separate discussion of these items unless a Boardmember or citizen requests, in which the item will be removed from the consent agenda, prior to the vote, and considered as a separate item.
Items on this agenda that must be adopted by ordinance and/or resolution will be on a future City Council agenda. Anyone interested in attending the City Council public hearing should call the Planning Division at (480) 644-2385 or review the City Council agendas on the City's website at www.mesaaz.gov to find the agenda on which the item(s) will be placed.
Call meeting to order.
1 Take action on all consent agenda items
2 Items on the Consent Agenda
Approval of minutes from previous meetings
*2-a
| File #: | PZ 21042 |
| Type: | PZ Minutes | Status: | Agenda Ready |
| In control: | Planning and Zoning Board - Public Hearing |
| On agenda: | 4/14/2021 |
| Title: | Minutes from the March 24, 2021 study session and regular meeting |
| Attachments: | 1. March 24, 2021 P&Z SS Minutes, 2. March 24, 2024 P&Z Minutes |
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PZ 21042 Minutes from the March 24, 2021 study session and regular meeting
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(Page 1 Printed on 4/7/2021) Planning and Zoning Board - Public April 14, 2021 Hearing Meeting Agenda - Final
3 Discuss and make a recommendation to the City Council on the following zoning cases:
PZ 21044 ZON19-00832 District 3.
Within the 1800 block of West Main Street (north side) and within the 100 block of North Dobson Road (east side) and within the 0 to 200 blocks of North Sycamore (west side). Located east of Dobson Road and north of Main Street.
(21± acres).
Modification of the Sycamore Station Smart Growth Community Plan
This request will allow for a mixed-use transit-oriented development.
NO RECORDS TO DISPLAY
| File #: | PZ 21044 |
| Type: | PZ Zoning - Discuss and Recommend | Status: | Agenda Ready |
| In control: | Planning and Zoning Board - Public Hearing |
| On agenda: | 4/14/2021 |
| Title: | ZON19-00832 District 3. Within the 1800 block of West Main Street (north side) and within the 100 block of North Dobson Road (east side) and within the 0 to 200 blocks of North Sycamore (west side). Located east of Dobson Road and north of Main Street. (21± acres). Modification of the Sycamore Station Smart Growth Community Plan. This request will allow for a mixed-use transit-oriented development. Neil Calfee, Miravista Holdings, LLC, applicant; Dobson Station, LLC; City of Mesa; Pride Ventures, LLC, owners. (Continued from March 24, 2021) Planner: Cassidy Welch Staff Recommendation: Continue to April 28, 2021 |
- Neil Calfee, Miravista Holdings, LLC, applicant
- Owners
- Dobson Station, LLC
- City of Mesa
- Pride Ventures, LLC, owners.
(Continued from March 24, 2021)
Planner: Cassidy Welch
Staff Recommendation: Continue to April 28, 2021 *3-a
PZ 21043 ZON20-00210 District 5.
Within the 6800 to 7000 blocks of East University Drive (south side). Located east of Power Road on the south side of University Drive.
(1.6± acres).
Rezone from LC to LC-BIZ; and Site Plan Review.
This request will allow for the development of a commercial center.
John Reddell, Reddell Architects, applicant
- ETR Enterprises LLC and
- United States Department of Interior Bureau of Land Management, owner.
(Continued from March 24, 2021)
Planner: Charlotte Bridges
Staff Recommendation: Table *3-b
PZ 21045 ZON20-00786 District 6. Within the 9700 block of East Southern Avenue (south side). Located west of Crismon Road on the south side of Southern Avenue.
(8.1± acres).
Rezone from PEP to RM-4-PAD; and Site Plan Review
This request will allow for a multiple residence development.
- Sean Lake, Pew and Lake, PLC, applicant
- Sunny Acres/Montgomery 320 LLC, owner
Planner: Cassidy Welch
Staff Recommendation: Continue to April 28, 2021 *3-c
Page 2 Printed on 4/7/2021 Planning and Zoning Board - Public April 14, 2021 Hearing Meeting Agenda - Final
4 Discuss and take action on the following preliminary plats:
PZ 21046 “Val Vista Condo” District 2.
(ZON21-00087)
Within the 1000 block of South Val Vista Drive (west side). Located north of Southern Avenue on the west side of Val Vista Drive.
(1.4 ± acres).
Preliminary Plat.
- Natalie Griffin, EPS Group, applicant
- LeSueur Family Investment Group, owner.
Planner: Kellie Rorex
Staff Recommendation: Approval with conditions *4-a
| File #: | PZ 21046 |
| Type: | PZ Preliminary Plat | Status: | Agenda Ready |
| In control: | Planning and Zoning Board - Public Hearing |
| On agenda: | 4/14/2021 |
| Title: | “Val Vista Condo” District 2. (ZON21-00087) Within the 1000 block of South Val Vista Drive (west side). Located north of Southern Avenue on the west side of Val Vista Drive. (1.4 ± acres). Preliminary Plat. Natalie Griffin, EPS Group, applicant; LeSueur Family Investment Group, owner. Planner: Kellie Rorex Staff Recommendation: Approval with conditions |
| Attachments: | 1. Vicinity Map, 2. Staff Report, 3. Narrative, 4. Preliminary Plat, 5. Presentation |
PZ 21047 “Mercado Fiesta Amended Condominium” District 3.
(ZON21-00148)
Within the 1300 and 1400 blocks of West Southern Avenue (south side) and within the 1200 block of South Longmore (east side). Located west of Alma School Road on the south side of Southern Avenue.
(6.3 acres).
Preliminary Plat.
- Heather Roberts, Kimley Horn, applicant
- BPC Larkspur Mercado, LLC, owner
Planner: Cassidy Welch
Staff Recommendation: Approval with conditions *4-b
| File #: | PZ 21047 |
| Type: | PZ Preliminary Plat | Status: | Agenda Ready |
| In control: | Planning and Zoning Board - Public Hearing |
| On agenda: | 4/14/2021 |
| Title: | “Mercado Fiesta Amended Condominium” District 3. (ZON21-00148) Within the 1300 and 1400 blocks of West Southern Avenue (south side) and within the 1200 block of South Longmore (east side). Located west of Alma School Road on the south side of Southern Avenue. (6.3 acres). Preliminary Plat. Heather Roberts, Kimley Horn, applicant; BPC Larkspur Mercado, LLC, owner. Planner: Cassidy Welch Staff Recommendation: Approval with conditions |
| Attachments: | 1. Vicinity Map, 2. Staff Report, 3. Narrative, 4. Preliminary Plat, 5. Presentation |
[Purpose • To create a five-unit commercial condominium plat
Preliminary Plat • Amended to match existing building configurations • Shared parking and drive aisles]
Items not on the Consent Agenda
Good Intentions/Awful Outcomes (from Techdirt)
Strange how things can get twisted around:
"Laws written with good intentions are being used in bad faith by public servants hoping to shield themselves from public scrutiny. Multiple states have passed versions of "Marsy's Law" -- legislation that grants more rights to victims of crime, including blocking the release of personal info under the theory this will protect victims' privacy and head off abuse and harassment."
Law enforcement officers have discovered this law and legislators' seeming unwillingness to exempt public employees from these protections. And, since officers are often able to claim every violent act they've engaged in was predicated by a criminal act by the suspect they've deployed force against, they're able to claim they were "victims" of crimes, even if the crime was nothing more than the grab bag of charges commonly known as "contempt of cop."
from the good-intentions,-awful-outcomes dept
The lower court's decision coming down on the side of transparency and accountability has been reversed. Here's how the lower court summed it up:
The Court finds that the explicit language of Marsy’s Law was not intended to apply to law enforcement officers when acting in their official capacity.
[...]
The officers do not seek protection from the wouldbe accuseds, instead they apparently seek protection from possible retribution for their on-duty actions from unknown persons in the community. This type of protection is outside the scope of Marsy’s Law and is inconsistent with the express purpose and language of the amendment. This Court cannot interpret Marsy’s Law to shield police officers from public scrutiny of their official actions.
Unfortunately, this court can interpret the law this way. It says the lower court misread the conflict between the state's victims' rights law and the public's right to "inspect or copy records of any state of local agency." The Appeals Court [PDF] says the newer law (the victims' right law) supersedes the older public records law (emphasis in the original).
More
The Appeals Court says older laws can be altered by newer laws, and residents' overwhelming support of the state's Marsy's Law (61% of voters) suggests the state as a whole desired the new law to protect every criminal victim, even public servants charged with arresting suspected criminals.
The court says the police can police themselves. It does not need the assistance of the public that has been locked out by this use of the victims' rights law.
This does not mean that the public cannot hold law enforcement officers accountable for any misconduct. Maintaining confidential information about a law enforcement officer who is a crime victim would not halt an internal affairs investigation nor impede any grand jury proceedings. Nor would it prevent a state attorney from reviewing the facts and considering whether the officer was a victim. If a prosecutor determines that the officer was not a victim and instead charges the officer for his conduct, then the officer would forfeit the protections…
But these are all state and local actions that -- while nominally performed to benefit the public -- rarely involve direct public participation or result in outcomes that approach any widely understood definition of "accountability."
This may be the correct ruling inasmuch as that's what the law says. But it's certainly not keeping with the spirit of the law, which was supposed to protect crime victims, not shield public employees from accountability. Legislators who've enacted these laws around the nation need to amend them to ensure this sort of abuse ceases.
Filed Under: florida, hiding names, police brutality, transparency, victims rights
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