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PLANNING & ZONING COMMISSION
MINUTES

12425 W. BELL ROAD, SUITE D-100
SURPRISE AZ 85374
REGULAR MEETING
March 6, 2001
7:00 P.M.

I. CALL TO ORDER:

Commissioner Bails was elected by the attending commissioners to serve as acting Chairman.

Acting Chairman Bails called the meeting to order at 7:00 P.M.

II. ROLL CALL:

MEMBERS PRESENT: Commissioner Ken Senft, Commissioner Martha Bails, Commissioner Bob Gonzales, Commissioner Dan Morris, and Commissioner Tony Segarra.

STAFF PRESENT: Interim Director of Community Development John Guenther, Planner Desmond McGeough, Planner Jim Atkins, Administrative Assistant Jenifer O’Melia.

III. APPROVAL OF MINUTES:

Minutes of the February 20, 2001 regular meeting were approved.

IV. WITHDRAWALS AND CONTINUANCES:

Planner McGeough stated that Application PAD00-101 was to be continued until the April 3rd agenda per the applicant.

Commissioner Morris wanted to know the reason for the continuance.

Planner McGeough stated staff reviewed a letter, but there were no specifics as to why the applicant asked for the continuance.

V. NEW BUSINESS:

A-1. – Public Hearing – Application – PAD00-101
Joe Walsh of Coe & Van Loo Consultants, Inc. on behalf of Dietz Crane Builders L.L.C., property owner is requesting consideration and action on rezoning certain parcels of property to Planned Area Development for a residential subdivision to be known as Canyon Ridge West Parcel 5, consisting of 43.77 acres, located at the northeast corner of 115th Avenue and Avenue of the Arts. (Parcel 5 of Canyon Ridge West)

Acting Chairman Bails opened the hearing to the public. There were no questions or comments from the public. Acting Chairman Bails closed the hearing to the public.

A-2. Consideration and action on Application PAD00-101
Joe Walsh of Coe & Van Loo Consultants, Inc. on behalf of Dietz Crane Builders L.L.C., property owner is requesting consideration and action on rezoning certain parcels of property to Planned Area Development for a residential subdivision to be known as Canyon Ridge West Parcel 5. (Staff Recommendation - Approval)

Commissioner Morris made a motion to continue Application PAD00-101 until April 3, 2001. Commissioner Segarra seconded the motion.

Motion passed. 5 Yeas, 0 Nays, and 2 Absent.

B-1. Public Hearing – Application CUP00-163
Zygmunt Kwasnica of K Engineering & Design on behalf of Fry’s Food Stores Fueling Facility, property owner is requesting consideration and action on a Conditional Use Permit for a fueling facility located at the northwest corner of Reems Road and Bell Road. (Fry’s Fueling Facility)

Planner Atkins made a presentation for Application CUP00-163.

Commissioner Senft wanted to know if this type of facility is new to the valley. He also had concerns with the attendant’s booth being constructed with bullet resistant glass.

SPEAKER: Ken Maas 6101 W. Washington on behalf of Fry’s Food stores, replied that Fry’s opened the first fueling center in Apache Junction and plan on opening twelve more this year. He stated that the attendant booth does have bullet resistance glass.

Commissioner Morris had concerns with the fueling facility not matching architecturally to the Fry’s building. He stated the colonnades on the Fry’s building are short and thick, but are tall and long on the fueling facility.

SPEAKER: Zygmunt Kwasnica 1666 S. Flint Circle of K Engineering & Design, stated they are attempting to match the colors of the Fry’s store, and use the same angles, insert tiles, and stucco finish.

SPEAKER: Paul Massica 2109 S. 48th St., project manager stated that they can add a stipulation regarding the square joints, which is not a problem to bring those out to equal the expansion joints as it is on the Fry’s building. He stated the reason that the columns are not shorter is that they do not extend passed the pumps and cause traffic problems.

Acting Chairman Bails wanted to know if the kiosk was under the canopy, and how many dispensers the facility will have. She also had a concern with the gas truck having enough room and not blocking traffic. She also wanted to know why there are two handicap parking spots.

SPEAKER: Zygmunt Kwasnica stated the kiosk is partially under the canopy, and there are five dispensers.

SPEAKER: Paul Massica stated the gas trucks will not be obstructing traffic, and there is plenty of bypass distant.

Planner Atkins stated the two handicap parking spots are a requirement for the site.

Commissioner Senft had a concern if there was going to be air and water on the facility.

SPEAKER: Paul Massica stated the facility will have air and water on site.

Commissioner Bails had a concern in regards to the air and water not being shown on the plan.

SPEAKER: Ken Maas stated they will stipulate where the air and water are on the site and will work out the location with staff.

Commissioner Segarra had concerns about the intensity of the lighting and how Bell Road dips down, which the lighting on the canopy will be higher than usual.

Planner Atkins stated there is a stipulation that states the lighting will be recessed under the canopy.

Commissioner Morris had a concern that the lighting also needs to be photometric which does not allow side glare. Recessed lighting by itself is not enough.

SPEAKER: Zygmunt Kwasnica stated they are proposing to use a fixture in which the lens is not protruding below the light fixture.

Planner Atkins suggested that the Commission allows staff to get a study showing where the light flows on the site, and the amount of light intensity. He stated they would add this as stipulation n.

Commissioner Senft had concerns with the transfer of money from the kiosk to the store, and if there was a peephole on the back door of the kiosk.

SPEAKER: Ken Maas stated the Fry’s store manager will come get the money with a security guard. He also stated there is a peephole in the backdoor of the kiosk.

Acting Chairman Bails opened the hearing to the public. There were no questions or comments from the public. Acting Chairman Bails closed the hearing to the public.

Commissioner Morris stated being unhappy with both the columns and the guardrails sticking out.

Planner Atkins stated the guardrails are typical to protect the fueling stations.

B-2. Consideration and action on Application CUP00-163
Zygmunt Kwasnica of K Engineering & Design on behalf of Fry’s Food Stores Fueling Facility property owner is requesting consideration and action on a Conditional Use Permit for a fueling facility. (Staff Recommendation - Approval)

Commissioner Segarra made a motion to approve Application CUP00-163, subject to stipulations a – n attached hereto as Exhibit A. Commissioner Senft seconded the motion.

Motion passed. 4 Yeas, 1 Nay, and 2 Absent.

C-1. Public Hearing – Application ZTA01-10
The City of Surprise is requesting consideration and action on a Zoning Text Amendment, amending the zoning ordinance to include a citizen’s participation process. (Citizen’s Participation Ordinance)

Acting Chairman Bails made a motion to continue Application ZTA01-10 to April 3, 2001. She stated the felt the text could be narrowed down and more continuity. She volunteered to meet with Desmond and asked the Commissioners to have any changes back to her by Tuesday, March 13, 2001.

Commissioner Morris and Commissioner Gonzales both wanted additional time to review the document.

Planner McGeough gave a brief presentation for Application ZTA01-10.

C-2. Consideration and action on Application ZTA01-10
The City of Surprise is requesting consideration and action on a Zoning Text Amendment, amending the zoning ordinance to include a citizen’s participation process. (Staff Recommendation - Approval)

Commissioner Morris made a motion to continue Application ZTA01-10 until April 3, 2001 and appoint Commissioner Bails to be the point of contact for the Commissioners. Commissioner Segarra seconded the motion.

Motion passed. 5 Yeas, 0 Nays, and 2 Absent.

VI. COMMENTS FROM THE FLOOR ON NON-AGENDA ITEMS:

VII. REPORT FROM PLANNING AND ZONING DEPARTMENT:

Interim Community Development Director John Guenther stated that two of the planners will be attending a seminar in New Orleans and they will do a presentation to the commission. He also introduced the new Homeowner Association Director Jerry Levit.

VIII. REPORT FROM PLANNING AND ZONING COMMISSION:

Commissioner Segarra wanted to know the regulation of banner advertising, other than grand openings.

Interim Community Development Director John Guenther stated there is temporary signage. He stated staff will have the code enforcement officer look into it.

IX. ADJOURNMENT:

There was no further business. On a motion duly made and seconded. Active Chairman Bails declared the meeting adjourned at 8:10.

Carl Cox, Chairman
Planning and Zoning Commission

John Guenther, Interim director
Community Development