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I'D LIKE TO CALL THE SPECIAL MEETING ON MONDAY, APRIL 29TH, 2024 TO ORDER.
WOULD YOU ALL PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE AND A MOMENT OF REFLECTION? I WOULD ASK THAT YOU KEEP IN YOUR THOUGHTS AND PRAYERS TONIGHT.
THE THREE US MARSHALS WHO WERE KILLED IN CHARLOTTE, NORTH CAROLINA, AND THE FIVE POLICE OFFICERS WHO WERE INJURED TODAY 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.
[1. ROLL CALL BY THE CITY CLERK]
COUNCIL MEMBER CONDI HERE.[2. Public Hearing - Extra Space Storage – Appeal of Conditional Use Permit – Application PL-23-0303]
ITEM NUMBER TWO, PLEASE.YOUR NEXT UP THAT ON AFTERNOON, MAYOR.
UH, NEXT UP IS OUR PUBLIC HEARING FOR EXTRA SPACE STORAGE, A APPEAL OF CONDITIONAL USE PERMIT APPLICATION PL 2 3 0 3 0 3.
FIRST WE OPEN THE FLOOR TO THE APPLICANT.
OH, I THINK THE MAYOR HAS SOME.
OH, IS THAT HIS? I HAVE THE WRONG FORM.
SO THIS IS A LITTLE BIT DIFFERENT THAN NORMAL.
A LITTLE BIT DIFFERENT THAN NORMAL COUNCIL MEETINGS WHERE WE ACT AS A LEGISLATIVE BODY TONIGHT.
SO I JUST WANNA READ THIS FOR THE RECORD.
THE MAYOR AND COUNCIL WILL BE ACTING AS A HEARING BODY IN THIS MATTER.
THE PURPOSE OF THIS HEARING IS TO CONSIDER AN APPEAL OR DENIAL, OR, I'M SORRY, AN APPEAL OF THE DENIAL OF A CONDITIONAL USE PERMIT ZONING CASE PL DASH 21 DASH 0 0 3 BY THE PLANNING COMMISSION.
THE CUP PERTAINS TO THE DEVELOPMENT OF A SELF STORAGE FACILITY.
PLEASE NOTE THAT THE CITY COUNCIL MAY VOTE TO RECESS THE HEARING AND GO INTO EXECUTIVE SESSION TO OBTAIN LEGAL ADVICE FROM THE CITY ATTORNEY UNDER ARIZONA LAW.
NO DECISIONS WILL BE MADE IN EXECUTIVE SESSION.
AFTER THE PRESENTATION OF ALL THE EVIDENCE, THE MAR COUNCIL MAY TAKE ONE OF THE FOLLOWING ACTIONS, REVERSE THE DECISION OF THE PLANNING COMMISSION AND APPROVE THE CUP AFFIRM THE DECISION OF THE PLANNING COMMISSION DENYING THE CUP OR MODIFY THE DECISION OF THE PLANNING COMMISSION.
NICOLE, DO I HAVE IT COVERED? YES, MAYOR.
UH, AGAIN, WE OPENED UP THE FLOOR TO THE APPLICANT.
I THINK JODY WAS COMING UP HERE, MAYOR, VICE MAYOR AND COUNCIL.
UM, I JUST REACHED OUT TO THE APPLICANT.
UM, THEY WILL BE IN HERE MOMENTARILY.
THEY'RE JUST A LITTLE BIT DELAYED.
UM, BUT IT'S AT YOUR PURVIEW IF YOU WANTED TO MOVE FORWARD OR WE CAN WAIT FOR THEM TO ARRIVE NOW.
PEOPLE CAME HERE FROM, FROM THEIR HOMES.
LET'S GO AHEAD AND MOVE FORWARD.
MAYOR, VICE MAYOR AND COUNSEL FOR THE RECORD, THE APPLICANT HAS, UH, ARRIVED.
DO YOU MIND STATING YOUR NAME FOR THE RECORD, PLEASE? YES.
MY NAME IS ADAM BAUGH, 25 25 EAST ARIZONA BILTMORE CIRCLE.
MAYOR, MEMBERS OF THE OF THE COUNCIL.
YOU WOULD INDULGE ME LATER THIS AFTERNOON.
AT THE END OF THE DAY, I GOT RECEIVED A LETTER REGARDING SOME CONCERNS FOR OUR PROJECT.
I WANNA MAKE SURE THAT I HANDLE THIS MATTER APPROPRIATELY AND MORE IMPORTANT THAT THIS COUNCIL CONSIDER ALL THE INFORMATION IN THE CORRECT DUE PROCESS ELEMENTS.
THE LAST THING I WANT TO EXIST IS AN INFERENCE THAT SOMEHOW AN APPLICANT HASN'T MET ITS LEGAL REQUIREMENTS FOR NOTICE.
ACCORDINGLY, FOR THE RULES IN YOUR CODE AND ORDINANCE, I'D REQUEST OPPORTUNITY FOR CONTINUANCE TO DEMONSTRATE THAT WE'VE SATISFIED OUR LEGAL NOTICE REQUIREMENTS.
WHAT ARE THE COUNCIL'S OBLIGATIONS UNDER THIS REQUEST? MAYOR COUNSEL, PER OUR CITY CODE, UM, THE APPLICANT CAN REQUEST A CONTINUANCE AND, UM, COUNCIL MAY GRANT IT.
SO IT WOULD JUST, YOU MAKE A MOTION TO CONTINUE AND, UM, SECOND AND, AND VOTE ON IT.
SO, MR. BALL, I I WILL TELL YOU THAT, UM, A LOT OF PEOPLE CAME FROM THEIR HOMES TODAY TO SPEAK ON THIS ISSUE.
PROBABLY HAVE MORE COMMENTS HERE THAN I'VE HAD IN 18 YEARS ON COUNCIL.
SO I, I'M A LITTLE BIT DISAPPOINTED THAT WE'RE NOT MOVING FORWARD.
I, I KNOW COUNCIL PROBABLY FEELS THE SAME WAY ON THIS AND, UH, IT'S A CHANCE FOR THE PUBLIC TO SPEAK AND NOW THEY'VE TAKEN TIME OUT OF THEIR DAY.
WE'VE TAKEN TIME OUT OF OUR DAY AND NOW WE HAVE TO PUSH THIS BACK TO A LATER DAY WHEN AT ONE POINT THIS COULD HAVE BEEN RESOLVED TONIGHT.
SO UNHAPPY AT THIS POINT THERE.
AND I, I REGRET HAVING TO SAY THAT TOO.
I THINK THIS IS A QUESTION OF CENTIMETERS AND THERE COULD HAVE BEEN MANY OPPORTUNITIES
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FOR THAT TO BE SHARED WITH US.WE'VE DONE, UM, SIGNIFICANT NEIGHBORHOOD OUTREACH IN ADDITION TO WHAT'S REQUIRED BY CODE.
WE'VE HAD HELD NEIGHBOR MEETINGS AND LETTERS SENT OUT.
NOBODY'S INFORMED US OF THIS INFORMATION UNTIL LITERALLY THE LAST COUPLE HOURS.
I WHAT I DON'T WANNA SEE IS YOUR DECISION TODAY BE RENDERED, UM, INVALID BECAUSE SOMEONE WANTS TO QUESTION THE VALIDITY OF A COUPLE CENTIMETERS ON THE SIGN.
AND WE ARE LEGALLY OBLIGATED TO GRANT THAT CONTINUANCE.
NICOLE, IF I COULD, COULD THE MOTION BE MADE THAT SAYS THAT THE CONTINUANCE WOULD HAPPEN AT THE, NOT THE DISCRETION OF STAFF, BUT WITH INPUT FROM STAFF? I DON'T WANNA SET A DATE TONIGHT, UM, BUT I ALSO WANNA RESOLVE THIS WHEN WE CAN.
AS FOR, FOR THE, UH, COMMUNITY AT LARGE, UM, YOU CAN MAKE A MOTION TO CONTINUE TO A FUTURE DATE AS DETERMINED BY STAFF AND THE APPLICANT SO STAFF CAN GET WITH THE APPLICANT AND LOOK AT YOUR CALENDARS AND THEN SET A DATE.
UM, LEMME GO AHEAD AND MAKE THAT MOTION SO IT'S PERFECTLY CLEAR.
I MAKE A MOTION THAT WE CONTINUE THIS ITEM TO A LATER DATE WITH, AND I THINK THERE'S A MOTION ON THE SCREEN FOR YOU.
AGENDA ITEM TWO, PUBLIC HEARING, EXTRA SPACE STORAGE APPEAL OF CONDITIONAL USE PERMIT APPLICATION PL DASH 23 DASH 0 3 0 3 TO A FUTURE DATE AS DETERMINED BY STAFF AND THE APPLICANT.
MOTIONS MADE BY ME, SECONDED BY COUNCIL MEMBER WHITE.
AND FOR EVERYONE IN THE AUDIENCE, I HAVE RECEIVED SEVERAL, UH, REQUESTS TO SPEAK AND I HAVE YOUR EMAIL ADDRESSES.
SO AS SOON AS THAT DATE IS SAID, I CAN SEND OUT A NOTIFICATION.
LET LET BEFORE ANYONE LEAVES, LET ME, LET ME ASSURE YOU, WE HAVE, WE'RE NOT GONNA DO ANY PUBLIC SPEAKING TONIGHT.
THERE'S NOT GONNA OPEN A PUBLIC HEARING.
DO WE ORGANIZE THIS? WE WOULD LIKE TO BE PARTY TO THIS APPLICANT'S NEW DATE AND ACCRUED BY THREE PARTIES.
NOT TWO CAN, SIR, BECAUSE WE CAN'T, WE CAN'T RECORD.
SO JUST COME ON UP TO THE MICROPHONE REALLY QUICK.
THAT WAY WE CAN GET IT ON THE RECORD.
I WANT TO BE AS FAIR TO PEOPLE WHO CAME OUT TONIGHT AND THE PEOPLE WHO COULDN'T COME OUT TONIGHT.
SO I WANNA BE AS FAIR AS WE CAN TO PEOPLE WHO SHOWED UP TONIGHT AND PEOPLE WHO CAN'T.
I KNOW THIS IS AN IMPORTANT ISSUE FOR THE COMMUNITY.
SO I'M, I'M I I KIND OF HAVE AN IDEA WHAT YOUR QUESTION'S GONNA BE, BUT I'M GONNA TAKE INPUT.
WE REPRESENT HUNDREDS OF PEOPLE, MULTIPLE HOMES IN THE TWO NEIGHBORHOODS OF LITCHFIELD PARK AND ARD RANCH.
AND TO LEAVE IT UP TO THE STAFF, CANDIDLY, HAS PROVEN TO BE A ROADBLOCK TO GETTING EVERYBODY ORGANIZED.
WE REQUEST A COUNCIL TO MAKE THIS A THREE PARTY DECISION, ONE THAT IS OPEN AND WE CAN REINVE ALL OF OUR CONSTITUENTS AND YOURS INTO THIS IN AN HONEST DISCUSSION.
SO MA'AM, I HAVE A DIFFERENT COMMENT.
I LEFT A FUNERAL IN FLORIDA TO BE HERE.
I HAVE COME 3000 MILES BACK FROM A FAMILY EMERGENCY TO BE HERE.
THESE PEOPLE DID NOT GET THE NOTICING THAT, THAT THAT WAS REQUIRED.
THEIR MISTAKE SHOULD NOT BE OUR BURDEN.
AND I CAN TELL YOU THAT THE BEHAVIOR THAT HAS HAPPENED HERE SO FAR, WE HAVE MADE COMPLAINT AFTER COMPLAINT ABOUT THE SIGNAGE.
IF YOU GO BACK AND LOOK AT THE COUNCIL MEETING OR THE, UH, CITY PLANNING MEETINGS, IF YOU LOOK AT OUR NOTES, WE HAVE RAISED THIS ISSUE OVER AND OVER AGAIN ABOUT THE SIGN COMPLIANCE.
THE FACT THAT THEY'RE GONNA BE GIVEN ANOTHER BITE AT THE APPLE IS UNFAIR.
HUNDREDS OF PEOPLE OPPOSE THIS AND, AND IT, IT JUST DOESN'T SEEM RIGHT TO DO THIS.
WE WERE SO UPSET BY THE FACT THAT THE COMMISSION WAS NOT LISTENING.
WE OPENED A CASE WITH THE ATTORNEY GENERAL'S OFFICE AND WE HAVE AN ATTORNEY HERE.
RIGHT? AND WE'RE PAYING THIS ATTORNEY.
AND THAT IS ABSOLUTELY A BURDEN ON US.
THIS SHOULD BE HEARD TODAY AND YOU SHOULD HEAR THE, THE TREATMENT THAT THIS COMMUNITY HAS GOTTEN.
AND UNFORTUNATELY, WE ARE BOUND BY STATE LAW.
I HAVE NO, WE HAVE NO LEEWAY IN THIS MATTER AT ALL.
STATE LAW IS VERY CLEAR ON THIS.
YOU CAN HOLD YOUR HANDS UP ALL YOU WANT.
STATE, STATE LAW IS VERY CLEAR ON THIS.
AND YOU, YOU'VE HEARD, YOU'VE HEARD MY OPINION ON THIS.
I WANNA BE AS FAIR AS WE POSSIBLY CAN.
THERE'S BEEN A MOTION AND A VOTE ON THE FLOOR.
UM, WE WILL NOTIFY THEM AS SOON AS WE HAVE A DATE.
CAN I GET A MO A MOTION TO ADJOURN THE MEETING, PLEASE? I HAVE A MOTION FROM COUNCIL MEMBER WHITE, A SECOND FROM COUNCIL MEMBER NIELSEN.