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12425 W. BELL ROAD, SUITE D-100






September 21, 2004



Call to Order:

Chairman Ken Senft called the Regular Planning and Zoning Commission Meeting to order at 6:05 p.m. at the Surprise City Hall – 12425 West Bell Road, Suite D-100, Surprise, Arizona, 85374, on Tuesday, September 21, 2004. 


Roll call:

Also in attendance with Chairman Senft were:  Vice Chairman Jan Blair and Commissioners Robert Gonzalez, Skip Hall, Randy Nachtigall, and Daniel Morris.  Commissioner Antonio Segarra Daniel Morris was absent. 


Staff Present:

City Attorney, Jeff Blilie; Assistant to the City Manager, Michael Shrock; Acting Community and Economic Development Director, LaTonya Finch; Planner, Andy Jochums; Planner Stephanie Wilson; Planner, James Atkins; Planning Department Intern, Adam Copeland; Director of Transportation, Randy Overmyer; Planning Department Secretary (temporary), Linda Hilton.


Council Members Present:

Mayor Joan Schafer


·         Approval of Planning and Zoning Meeting minutes of August 17, 2004 


Nachtigall moved to approve minutes as corrected, changing “$150,00” on page 10 to “$150,000.”  Hall seconded the motion.  5 yes votes.  1-absent (Segarra).  1-abstained (Morris).  Motion carried.  Minutes approved as corrected.










Regular Agenda Items Not Requiring a Public Hearing:


·         RS04-135 – Consideration And Action – Rural Subdivision – ALEXANDRA POINTE RURAL SUBDIVISION – Approximately 15.014 acres located between 165th Ave. and 166th Ave halfway between Dale and Dixiletta


Presented by Planner Stephanie Wilson.

This application is a request for approval of a rural subdivision to be known as Alexandra Pointe. It is located in Section 25, known informally as the Saguaro Acres area, specifically between 165th Avenue and 166th Avenue just south of Dixiletta. 


Displayed map of proposed subdivision.


Applicant wants to subdivide approximately 15 gross acres into 10 single-family residential lots.  Currently zoned R1-43.  Gross density of one unit, per one and a half acre.  Dimensions of lots are approximately 192 feet wide by 305 feet in depth and are consistent with required lot sizes in R43 zone.  Access if from both 165th Avenue and 166th Avenue. Both access routes are chip sealed currently.  166th Avenue has an existing 35’ roadway and utility easement.  On the other road, we will be dedicating a right of way with this plat.  There is also a Stipulation J by which we will be asking for applicant to depict on the northern boundary 25 feet of future right of way in the event the City decides to build out that roadway.  It does lie on the quarter line alignment. So we are asking that it be noted on the plat as future right of way.


Proposed request is consistent with the land use designation of Rural Residential in the General Plan as well as current zoning.  Staff has determined this subdivision will not adversely affect the surrounding property values and provides acceptable use and density and is consistent with uses.  Furthermore, approval of this request will not be detrimental to the health and safety or welfare of the community.


Staff has one minor correction to be made to Stipulation H.  That stipulation was intended for private roadways and so we’d like to change it to read, “The applicant shall provide a dust-free compacted surface on all private roadways adjacent to or within the property subject to the approval of the City Engineer and City Fire Marshal.


Staff is recommending approval of this request, with Stipulations A through L as amended.


Several commissioners addressed questions concerning the type of paving to be used on private roads



Planner Wilson: My understanding is that they are chip sealed.   The private roadways internally on the site only have to be of a dust-free compacted surface.


Commissioner Gonzales:  Regarding Stipulation J – Can you point out where the proposed 25-foot easement is?


Planner Wilson:  On this particular plat, this will be depicted as future right of way.


Discussion followed concerning the designation of the 25-foot right of way by this property owner and the owner of the other half of the proposed right of way.  Per Planner Wilson, this information will be disclosed on the title report once the plat is recorded.


Commissioner Gonzales:  Is this applicant going to build on these lots or is he just going to sell the lots?


Bob Corry, 21019 N. 56th:  I’m not sure yet.  I can do either one.


Discussion regarding the 25-foot right of way and whether it will be on public report.  Mr. Corry said it will.


Commissioner Gonzales:  Question regarding Stipulation I, requirement those property owners connect to City water and sewer as they become available.  Commissioner Gonzales voiced opposition to forcing property owners to abandon costly septic systems. 


City Attorney Blilie replied that city ordinances require it.  Discussion ensued regarding sewer impact fees, which are imposed with building permit regardless whether or not property connects to city system.  Property owners only pay for connection charges later when connecting to system.  Septic systems are not encouraged but permitted as interim provision.


Mr. Corry:  As the developer, I look forward to the connection to the City system.


City Attorney Blilie:  We have the ordinance and we have to enforce it.


Commissioner Gonzales voiced concerns regarding language in Stipulation A.  Change proposed to read “The City Manager and Community Development Director may approve minor changes . . . “


Commissioner Blair:  Who will be responsible for notifying future property owners about the flights that will go over here, other than on the public report?  Will builders actually have this posted?


Planner Wilson:  The wording is on the specific plat, release of liability and noise contour information.  We require all realtors selling property in the City of Surprise carry the actual maps so they can show that to potential buyers and they can physically see where the noise contour lines are.


City Attorney Blilie – We don’t require realtors to sign, but we have a standard letter.  It is part of the packet, and the property is in the vicinity box.  You get that map. The city doesn’t have anything that the realtor has to sign, just says they have to have a map showing the noise contours.  This piece of property would be well outside the Luke noise contours, probably closer to the Aux 1 contours.


Commissioner Morris:  On Special Stipulation H, is there a home owners’ association being formed to maintain the private roads?


Mr. Corry:  There are no private roads.


Planner Wilson:  There will be a maintenance agreement.


Discussion regarding private roads within the subdivision.  Confusion caused by lines on map; only actual private roadways will be individual driveways.


Commissioner Morris initiated discussion concerning flood zone designation.  Property is not in flood zone; FEMA designation “Flood Zone X” designates “500-year Flood Zone”, effectively not in flood zone.  Maybe in areas not surveyed, but not likely to be flooded.


Mr. Corry:  You can see by aerial map that water goes all around the area, not through it.


City Attorney Blilie:  Flood Zone X basically includes the entire city; this is Flood Zone X, except for the channels and washes.




Patricia Fox, 30809 N. 171st Ave., Surprise.  I’m just north of this property.  I have a few questions. Maybe I misunderstood, I thought it was said it was going to be ten residential lots, and then one and a half per acre.


City Attorney Blilie: One per one and a half acres.


Ms. Fox:  Is there a decision that has to be made based on whether he’s going to build or sell vacant lots before an approval is decided?


Chairman Senft:  No, he’s just asking to subdivide this property into these different parcels.


Ms. Fox:  And those roads if anything in there are only chipped and tarred, not paved.


Additional discussion about paved, chipped sealed, and dust-free compaction to private roads.  Chip sealed exceeds stipulation for dust-free and compacted.  Discussion and clarification regarding lines on map.


Ms. Fox:  Who will take accountability for funds to maintain roads?


Mr. Corry explained that he would act as manager of the funds until such time as sufficient properties are sold for other owners to vote on management of funds.


Further questions from Ms. Fox regarding water facilities from Saguaro Acres, whether owners in Alexandra Pointe would be required to connect to city supplies, and whether City of Surprise will acquire Saguaro Acres water system.  Discussion followed. 


Don Cox, 17737 N. Beck Lane, Surprise: On this road here, is it dedicated on each side to the city?


Planner Wilson:  Currently at this time we will be dedicating along 165th.  Right now the existing roadway that you see there are public roadways.  We’re asking for a dedication on 165th. We’re asking for the 25 feet of actual dedication of right away.  On 166th the easement already exists.


Mr. Cox initiated additional discussion regarding forcing property owners to connect to city water and sewer services.  Waiver of such requirement for Paradise Acres was discussed.  Community Development Director Finch explained there is anticipation of City acquiring Saguaro Acres water facility.  City Attorney Blilie commented that under city ordinance, requiring connection to city water and sewer is a condition of splitting the property.  Finch commented that the impact fees and requirements are for future capacity.  Blilie replied that the fee and requirement are on every building permit.


There being no further questions or comments, Chairman Senft called for a vote on recommending approval of RS04-135 Alexandra Pointe Rural Subdivision to the City Council.  Commissioner Morris moved for recommendation, seconded by Commissioner Blair.  The motion passed unanimously, with six yes votes; Commissioner Segarra absent.




·         SP04-178 -- Consideration and Action – Site Plan – CREDIT UNION WEST – Approximately 1.0 acres located at the southeast corner of Bell Road and Litchfield Road



Presented by Planner Stephanie Wilson.

This application is a request for approval of a site plan for the Credit Union West, to be located along Litchfield Road south of Bell Road, in the West Pointe Professional Plaza, and is a master site plan.  Specifically Pad B is what we’re looking at.  The 5325 square foot branch office will include drive-thru and walk-in service, and will be built in one phase. Access to the center will be possible by way of the West Pointe Professional Plaza south drive entrance, also Litchfield Road as well as access throughout the professional plaza that ultimately also has a driveway off Bell Road. 


The vehicular circulation within the site is handled by one and two-way driveway aisles.  There are curb cuts proposed at the north and east property lines of this parcel to gain access to the remainder of the West Pointe Professional Plaza. The site includes parking for 28 vehicles, which does include two standard handicapped accessible spaces and one van accessible space. The number of parking spaces meets and exceeds the minimum parking requirements of this ordinance, and the applicant has made attempts to secure shared parking agreement with neighboring properties but has been unsuccessful at this point. 


Staff recommends that parking remain at 90 degrees with some parallel parking as shown along the drive aisle for consistency with the master site plan and for the size of lot.


Pedestrian circulation is facilitated on site through the use of pedestrian pathways identified with colored concrete with a medium broomed finish to match the concrete throughout the Surprise Marketplace.  The pedestrian pathways will be buffered with landscaping and will provide connectivity throughout the site.


The site proposes substantial landscaped areas that will act to enhance the view of the site from Litchfield Road.  More than 28% of the site is proposed to be landscaped thereby meeting and exceeding the 15% required by ordinance.


The proposed building will feature an “Italian Tuscan” design theme that will feature “EIFS” finish walls, stone veneer accents, and terra cotta tile roof finished, and a color palette of desert earth tones.  The building features varied rooflines and types as well as a significant entry feature.  The rear elevation also utilizes varied rooflines and wall planes to create “four sided” architecture.


This proposal will not adversely affect the public health, safety, or welfare, and complies with the Surprise General Plan of 2020.  In addition, if approved with the recommended stipulations, this proposal will also comply with Title 17 of the Surprise Municipal Code and the Planning and Design Guidelines.  Staff is recommending approval of this application SP04-178 with stipulations A through M.


End of presentation.


Discussion of location of project.  Correction of earlier site plan showing property on west side of Litchfield Road; correct location is on east side.


Discussion regarding number of drive-up stations and landscaping thereof.


Compliments on architecture.


There being no further questions or comments, Chairman Senft called for a motion recommending approval of SP04-178 Credit Union West to the City Council.  Commissioner Morris moved for recommendation, seconded by Commissioner Nachtigall.  The motion passed unanimously, with six yes votes; Commissioner Segarra absent.



Discussion regarding Commission-initiated parking lot specification requirements.  Presentation of data findings and staff recommendation.


Presentation by Planner Jim Atkins with Planning Intern Adam Copeland


Planner Atkins introduced intern Adam Copeland and described his contributions to the presentation research.


Planner Atkins displayed chart-showing comparison of parking lot dimensions in neighboring cities and states (San Diego, CA, and Las Vegas, NV).  Most drive aisles are 24’, stalls 9 x 18.  Glendale, AZ, stalls are 10’ by 20’, and that is the goal.


Atkins reported they had conducted their tests with vehicles.  The 10’ by 20’ with 24’ drive aisle provided a good navigation range.  Door banging potential is lessened.  The 20-foot length provides better navigation, especially for longer vehicles, and prevents longer vehicle overhang into drive aisles.  They are continuing to research the data based on Commission desire to see a change in parking drive aisle width and stall dimensions.


Chairman Senft agreed that the large stall dimension would probably resolve a lot of problems.  Commission was looking at widening drive aisles but enlarging stall dimensions would accomplish the same thing.  Navigation in and out of parking spots is the concern and larger stalls may be the better solution.  Larger vehicles are often outside the 18-foot mark and cars have a difficult navigation to turn into those parking spaces. 


Chairman Senft asked if this is going to be the recommendation for angled parking. Atkins said this is strictly for 90-degree parking configuration.  Senft said they didn’t think on the angled parking this was as much of a problem.  Atkins replied that angled parking was the preferred configuration but this would provide the best and most efficient alternative.


Commissioner Nachtigall:  This is exactly what I have been talking about in my comments since I started doing this.  I really appreciate this.  I love it. 



Commissioner Hall asked if a comparison had been made with existing parking lots to determine how many spaces would have been lost if this configuration had been used.  Atkins responded that it was a valid research question and they had not examined it.  They did, however, have an exhibit showing the difference in square footage used.  Discussion ensued regarding how developers would have to calculate space needed to comply with parking requirements.  Atkins observed that most exceed the requirements anyway.



Commissioner Morris observed that a wider stall reduces maintenance on vehicles.  Parking in Sun City’s developments includes 10-foot wide stalls.  Calculated a loss of parking capacity of approximately 16% with the larger stall size.


Intern Copeland reported he went to Wal-Mart and did some field study there.  With the 18-foot depth there, the main problem with congestion was that cars were pulling in too close and hanging out. Cars were often pulling in too far, within a foot of the end of the stall. People were turning exaggeratedly around the vehicles that were sticking out, creating a hazard not only to pedestrians, but to through traffic.


Chairman Senft asked if Copeland had approached Wal-Mart about correcting that problem, to general laughter.  Senft expressed additional compliments on the work done.


Atkins asked for direction from the Commission on the creation of a Zoning Text Amendment to incorporate this change.  Commissioners agreed.  Senft opened the discussion for public comments.


Paula Forster, 16333 W. Escondido Court, Surprise:  Commented that it’s not the size of the space, but the layout of the parking lots, especially Wal-Mart.  Some have traffic coming in from three different directions, which is a tremendous hazard. That needs to be fixed; it’s a disaster area.  Also needed is extra room for wheelchairs that hang off the back.  She suggested that maybe in the future planners make scale models and direct traffic through them.  Cited the specific example that at Macayo’s you have a lane that goes nowhere.  You park there but can’t get out; you have to back-up and go out.  The other night during the rain, I was amazed no one got killed. It’s the closest parking area to Bell Road and it needs to be fixed.  Something needs to be done. 


Discussion followed on the specific example of the parking at Macayo’s.


Chairman Senft called for a motion.  Commissioner Nachtigall moved that staff compose a Zoning Text Amendment regarding the 10’ by 20’ dimensions.  Commissioner Blair seconded.  The motion passed unanimously, with six yes votes; Commissioner Segarra absent.




Regular Agenda Items Requiring A Public Hearing:



·         PAD04-124 – Consideration And Action – ASANTE PLANNED AREA DEVELOPMENT – approximately 1508.1 acres located at the northwest corner of Grand Avenue and 163rd Avenue, formerly known as the Ni Property.


Commissioner Morris commented that the Commission had hoped all PAD’s would come to a workshop session, and not come for consideration.  Suggested this project go back for workshop first.


Planner Andy Jochums pointed out that this project had been scheduled for a workshop session on September 7, 2004, and that meeting had been cancelled due to lack of quorum.  At that time, this project had already been scheduled for public hearing tonight.  Staff opted to move the project forward without a second workshop.  If the Commission desires, they do not need to move the project forward. They can use tonight’s session as a workshop.  Since it was advertised, we would like to move forward with a public hearing, but the Commission does not need to move forward at this time if they aren’t comfortable.


Chairman Senft replied that they should express concerns and if they don’t’ feel confident, they should bring it back.  They should use tonight as a workshop.


Planner Andy Jochums presented an overview of the Planned Area Development known as Asante, located at the northwest corner of Grand Avenue and 163rd Avenue, commonly known as the Ni property.  The applicant has provided a document that includes the development standards, guidelines and general characteristics to be proposed within this master planned community.


The project of approximately 1500 acres and will have several different land uses in accordance with the general plan designation of “mixed use – gateway” and “low density residential.”  The mixed-use portion, approximately 230 acres, is located at the intersection of Grand Avenue and 163rd.  It will consist of commercial and high- to medium-density residential as well as school and park.  The rest of the development will be low-density residential, as well as a community park, school site, and fire station.


The property falls within the Luke Air Force Base Auxiliary Airfield #1 graduated density concept, with maximum residential density of six DU per acre.  With maximum density of 4.4 DU per acre, the project falls within the guidelines and LAFB has submitted a letter of support.


The low-density portion of the Asante project is required to comply with the City of Surprise Single-Family Residential Design Guidelines, which encourages a variety of lot sizes within any development.  As part of the development, the applicant has provided lot sizes of 60, 70, and 80 feet in width.  These large lots, when combined with the smaller lot sizes in the medium and high-density areas of the project, will offer the variety of lot sizes and housing products encouraged by the Planning and Design Guidelines.


The proposal does not appear to adversely affect the public health, safety, and welfare.  In addition, the applicant will make all necessary infrastructure improvements in order to accommodate the development. 


As such, staff recommends that the Planning and Zoning Commission recommend approval of the zoning change to Planned Area Development for the Asante project, PAD04-124. Is subject to stipulations A through K.  (Staff report in packet only included Stipulations A through I; J and K are presented at the hearing and included herewith.  Stipulation J refers to lighting requirements, K to use of reclaimed water for irrigation and water features.)  All mention of lakes and landscape irrigation in PAD document shall indicate all reclaimed water must be used if available. Applicant shall acknowledge they will comply with most current version of the State integrated water master plan requirement. 


That statement is from our cities water services statement and is the most recent water safety plan, which states that well water and reclaimed water lines will be placed in houses to be used.  This is something the applicant will have to comply with any way and are aware when land in included in the stipulation.


I am going to close my presentation; as we discussed I would like to any comments the Commissioners may have.  I am aware that there are going to comments regarding the transportation and circulation area. Randy Overmyer is the planner and is here tonight and will be able to answer your questions, I’ll turn the meeting over to him.  The applicant is also here tonight with their staff and will be able to answer any questions.


Planner Randy Overmyer: Thank you very much, Are there any comments? Commissioner Blair, I’ll begin with you. Any comments?


Commissioner Blair: Indicated that a workshop should have been conducted.


Planner Randy Overmyer:  Well we are going to use this as a workshop so they at least have knowledge of what our concerns are.  Commissioner Morris any questions?


Commissioner Morris: express concerns about 6000 population anticipated here is going to work with the traffic flow onto Grand and the 303 as such, there’s reference to something kind in the wind or up in the air and there is no answer or indication of how this will be solved and again we are adding houses and there is no added roads so circulation is needed and that was what I was asking during this workshop so we can understand it.  Are there any diagrams available?


Planner Andy Jochums: City Transportation Planner Randy Overmyer is here and can provide some general clarification if the Commission wants to get started. 


Chairman Senft: Well since the transportation planner is here Randy Overmyer come forth and answer questions for us. I have the same concerns, because of the size of this project.


Planner Randy Overmyer: take a moment to explain a few general plans.  163rd Ave has been identified as a special roadway corridor that is a major arterial road with other setbacks and other considerations.  In terms of North, South roadways Dove Valley to the North head down to the South has been classified as a parkway, which is an enhanced arterial roadway, designed to facilitate regional thru traffic.  Jomax road has been classified as a parkway and to the south Deer Valley and US-60 Grand Ave has been classified as a Parkway.   


The railroad runs parallel with Grand Ave, the railroad will not grant additional crossings. Ultimately Dove Valley Road as well as Jomax Road will both require great separations at Grand Ave.  Maricopa County Department of Transportation has completed what they call a candidate assessment report on 163rd Ave from Grand Ave 60 to the south up to State Highway – 74 to Carefree highway to the North.


Planner Andy Jochums is asked to present slides.


Planner Randy Overmyer:  State route 74, Arizona Department of Transportation has shown an access plane on State route 74, from Grand Ave past Lake Pleasant and over to I-17.  They plan to transition that road to a fully controlled access road in the future and they want to protect their ability by limiting all future access to that roadway to a number of pre-selected location.  The locations include 243rd Ave, 211th Ave, 187th Ave and 163rd Ave.  These four corridors will be handling all of the traffic from between state route 74 and Grand Ave.  The projection is that by 2030 traffic volumes at 163rd will be quite high as well as traffic at Deer Valley Road.  Regional Traffic coming out of the town of Buckeye to our west along the corridors of Dove Valley, Jomax, Deer Valley and further south on Sun Valley parkway.  There should be an re-alignment of Deer Valley and 163rd Ave. in the future these two roadways can connect at Grand Ave. 


There are two T intersections approximately 5/8 of a mile apart.  Neither one of them have the ability to handle thru traffic.  Deer Valley road does not have a crossing.  There is a traffic signal at 163rd Ave but does not connect to the west.  Two alternatives where addressed.

1.       To move 163rd ave to the North to meet Deer Valley in the current Deer Valley alignment.

2.       To move Deer Valley Rd south and align up with 163rd at its current connection at Grand Ave.


On the graphic, the roadway geometric out there is Grand Ave left and right, Deer Valley, and 163rd Ave with current signal and a bridge on the 303 interim facilities with exit ramp, over to Grand Ave to the south.  The distance between 163rf and the 303 is closer than it looks on the illustration.  Task Engineering, working for the applicant, looked at the concept of relocating Deer Valley Road to the 163rd Ave alignment.  In that concept they looked at phased construction of they looked at phased construction of the improvements:



1.       Shows the construction of the new interchange at the US-60 Grand Ave and the 303.  The original design showed all the ramps on the southwest side of Grand Ave has currently been scrapped.  There will be what’s known as a single point urban interchange the US-60 and the 303 that urban signal point will actually be three levels.  There will be one level above grade, one level at grade and one level below grade.  Here’s the light at 163Rd ave with the Deer Valley Rd realignment to that current traffic control signal. That single could remain in the interim short term. 


2.       Ultimately we would like to move beyond that design concept to a full implementation, which would remove the signal at 163rd Ave, build an overpass over Grand Ave here at the combined 163rd Deer Valley.  There would be ramps from Grand Ave coming up over this interchange and those ramps would continue up to the ramps for state route 303 using what engineers refer to as collective distributor lanes, which means fancy frontage roads.  Unlike the frontage roads along I-17 these frontage will be controlled access.  So the traffic generated from Deer Valley Road and 163rd Ave on the other side of Grand would have the opportunity to use these collective distributor lanes to access the ramps at State 303 without having to enter Grand Ave re-enters, we’ve left or right as the case may be and we could exit the 303 at the Grand Ave interchange. 


This does two things that would be a considerable improvement over realignment further north at the current Deer Valley location.  1.  The traffic volumes at 163rd and Deer Valley that want to get on the 303 have the opportunity to do that without contributing to congestion at Grand Ave.  That’s a major improvement.  2.  The other thing it does, it takes out the light at 163rd Ave the initial design concept report for state route 303 has observed that in the design year that freeway year 2030, they predict that the AM peak hour when the traffic is inbound regionally, the traffic on Grand Ave might actually cue up trying to enter the 303 ramps thru the light at 163rd, which would create congestion at 163rd and traffic is then unable to enter Grand Ave during the green phase to further to get down to the 303. 


So we think this does a couple of things; one to solve not only the traffic circulation issues, the Asante project, but also addresses some regional concerns at those two parkways and the state route 303 and Grand Ave.  The projections in our model at 163rd shows that in the year of 2030 there will be a range of 60, 000 vehicles a day at the southern extremity with the awareness that roadway will extend north all the way to the state route 74. So traffic would be at it’s most intense approaching that we have on Bell road today. 


Going west on the Deer Valley Rd, our model predicts that in the 35 to 45,000 range and we think that may be a conservative number.  This give up the phasing option to use the existing traffic control device that is in place to date. There is no great crossing at Deer Valley today, so can realign those roadways so that they meet at Deer Valley we would have to immediately construct the separation and this would give us the opportunity to phase this in.  Weather it would be needed in 2008 to 20015 is open for debate but we feel the appropriate time to separate is concurrent with the 303 system freeway at Grand.


Both those projects could be built concurrently the mobilization the work relation with the material out there could give us better value on both those projects.  We are going to pursue some regional share for those improvements because we think it addresses some of the concerns and identifies some of the design for both the 303 and Grand Ave. 


I’ll take any questions at this time.


Chairman Senft: This is a proposed plan in the long-term plan and I think it’s good for us.  Some of the concerns being expressed are that 1,500-acre development going in and I’m not sure how many residents, but I expecting this population to be Andy?


Planner Andy: I don’t know what the set number is.


Commissioner Morris Questions, how many homes are we putting in?


Planner Randy Overmyer: 6000 homes


Chairman Senft:  1500 acres, 6000 homes so that would be around 18,000 residents so we can expect at least 12, 000 cars.  How are we going to control 12,000 cars plus additional vehicles when this project is built out?  When do you plan on having the project built out?




Planner Randy Overmyer believes if approval is given in the next 4 or 5 months, then commencement is about a year away and it is about a eight year build.


Chairman Senft: Can we anticipate this project to built in phases? 


Developer:  It’s about an 8-year build out. 


Applicant Stephen Earl: This is a problem we took on at our level because we recognize the need to deal with the issue of transportation at 163rd and Grand and the 303 all coming together at the same place at the Deer Valley offset, so we hired Cast engineering to figure out a long term plan.  There are expensive improvements.  Fortunately there is funding and these are regional issues, ADOT, MCDOT, the City, us, and other developers in the area.  For the developer part of this we try and establish some type of impact develop some sort of transportation impact fee for SPA2.  As each home is built this fund is being collected to assist in the city portion of these improvements.


So were not only tied to 163rd and figuring out a way to match up at Deer Valley, we suggest we have a thru movement, not just two intersections, but how we get these people on to the 303.  At this point there is no system and having to weaving action on Grand reduces the capacity of Grand, it doesn’t allow these people to get on the 303.


This whole SPA2, this whole area has a problem, not just this development.  It’ all these areas, so the solution had to be designed.  This solution works. And it solve these problems


Jomax is another connecting point that has to be figured out. That should be part of that regional solution. Another one to the North, perhaps this transportation impact fee that each developer contributes can handle these additional access points to ground could be separated at this time.


Chairman Senft: Asked with the increase of population of Asante Project begins developing, how will the flow of traffic be covered?



Planner Randy Overmyer covered the development of Nicho Rd known as a major collective, 163rd Ave and Grand Ave running through the Asante Project and to the North and West, relieving stress of the traffic which would cover the building phase of the Asante Project, as well with what responsibilities who will be involved with it.  He also covered potential funding prospects, through to the eight-year completion date.


Chairman Senft points to the charts asking about a specific area at Pinnacle Road and Happy Valley Rd. as another way to relieve traffic.


Planner Andy Jochums / Planner Randy Overmyer explain that the Happy Valley Rd extending East and 163rd are a limited terminus at the elbow would be very costly for structural change because of the Macon Dam, the Flood Plain, and Beardsely Rd.  In addition El Mirage will have an interchange at the 303 and US-60 with 2 additional interchanges possibly at Litchfield and Bullard Rd alignment.


Commissioner Senft is concerned with the surrounding cities and their roadways matching or joining with our part of Roads.


Planner Randy Overmyer covers the future roads with Peoria and Maricopa County ensuring that all of the roads will be consistent in structure.


Commissioner is concerned about impact fees such as who will pay these impact fees.


City Attorney Jeff Blilie, we did not adopt these impact fees because we had previewed and was ultimately was rejected, because it wasn’t feasible, and it would be very expensive to review and present to city council before review. 


Commissioner Morris, Anthem to the North, They build an overpass on I-17.  They funded those. This was owned by the developer, so the residents are paying for that. How can we get some connectivity to our roads now?   Can you volunteer an impact fee?


Developer Earl: I’m talking about regional impacts?  We’re in compliance.  We are part of the problem and we will be part of the solution.  There are other developers who ought to be part of the solution.


Planner Randy Overmyer has presented a general plan with the impact of I-17 and Grand Ave.  Other Developers will also contribute to the impact of I-17 and Grand Ave.


Commissioner – Need to meet the needs so future traffic at 303 and Grand Ave West.  How do we achieve this?


Planner Randy Overmyer - a Prop 400 bill will be presented in November, which is a 20-year transportation tax. To be spread out on arterial improvements and freeways including the 303.


Chairman Senft: Our concerns are what we can do short term to relieve problems. 


Developer Earl: There are plans to bring some of the road development through the rest of the Ni property.



Planner Randy Overmyer- We can connect Jomax to Grand would work for now and could be a short-term solution.  That should be part of the regional solution.


We do not have access at Burlington and the railroad, as they will not give access at this juncture.


Commissioner Gonzales- would like to see the joining Deer Valley & 163rd over all long term to I-17, we need a solution soon.  We will have an overburden with the new development going in at this time.  We need an immediate solution for this area now. 


Commissioner Gonzales expresses concerns about the excessive traffic and is interested why the 303 have been scrapped.


Planner Randy Overmyer explains that the original design of the 303 has not been scrapped; only the geometric design is being changed. The original design had all of the ramps on the south side of the railroad and was a partial cloverleaf.  They would not support traffic in the future.  Now they have the full point and provide full access and all directional turns. 


Developer Earl -This design has greater capacity then the old one.


Commissioner Nachtigall- Is this like the 101 to the 10?


Planner Randy Overmyer – there are no examples in Maricopa County, We didn’t want to stack 70 feet in the air.  Some will be 30 feet below Grand Ave. to prevent sound penetration in the residential areas.  The Developer is building 163rd and Nicho to specification as part of the first phase.


Commissioner Hall is the plan on Highway 93 going up to highway 40, is the plan to make that a four land up to Wickenburg?

Planner Randy Overmyer- This area has been designated at the Canamex Corridor route to Nevada boarder.



Commissioner Hall- That means more 18-wheelers!


Planner Randy Overmyer- the global picture, ADOT is looking at an alignment from Wickenburg to Sun Valley Parkway to I-10.  We are partnering with them in that study, which will provide relief to the north south to the west and will come all the way back to Grand Ave and to the North.



Commissioner Hall- What is the cost of the collector distribution?



Planner Randy Overmyer- has only done a preliminary design concept and has not been coasted out yet. 

The grade separation of the overpass is going to be 8 – 12 million dollars.



Commissioner Hall – What would the cost be per building permit?



Developer Earl – That cost couldn’t be borne by this one area.  That should by borne by the state on 303.  Our contention is that grand and 303 don’t work.



Commissioner Hall – Would that be paid through the half cent?



Planner Randy Overmyer-Not specifically. This has not been identified, as a line item in the final design for 303 has not been completed yet.  This project allows us to lobby ADOT and MCDOT for this solution. 

We have had several meetings with them.



Commissioner Hall – continues his discussion with the development of the 163rd ave.


Developer Earl – indicates on a map where the four lanes with a median will be.  He refers them to the booklets that have been handed out.



Chairman Hall – Is there a signal there?


Developer Earl – Yes.


Commissioner Hall – Indicated pointing at the map and ask why didn’t you do commercial here at Grand Ave?


Developer Earl – We put the commercial window at the corner of Grand Ave and 163rd Ave.  We wanted to integrate residential and commercial. The goal is to show people you have reached a core. We have an arterial along 163rd Ave.


Chairman Hall – Interested in touching on transportation issues, and make recommendations to solve any issues.


Commissioner Blair – no questions


Chairmen Senft – 163rd is a two-lane road now, and it will be quite awhile before it becomes a major arterial.  Where does it stop now?


Developer Earl – explains that as a paved road it stops somewhere south of Happy Valley Road.


Planner Andy Jochums – the paved road extends four or five miles north.  At the area of Happy Valley and 164 Ave is a project Desert Oasis further.



Chairman Senft – Ask how soon before 163rd connects to Happy Valley?


City Attorney Blilie – It does now.


Chairmen Senft- it does?


Planner Andy Jochums gives explanation of where 163rd goes explain that currently Happy Valley doesn’t exits and doesn’t’ go thru to 163rd Ave, but as the Desert Oasis projects begins building then 163rd ave will continue to Saguaro View out until state route 4.


Chairman Senft – Happy Valley does not exist as a relief for Grand Ave!  Is there any estimation as to when these roads will connect?


Planner Andy Jochums - Happy Valley is a regional issue.  With the railroad where it is, access to Grand Ave is limited and with the wash, Beardsley canal, we need a regional solution.


Chairman Senft – questions emergency access and how ambulances be able to exit if there’s a train blocking the exit?


Planner Andy Jochums- this is something we are aware of, and it’s not easy solution.


Chairman Senft – When we start putting project of this size then we need to look at something that can address those problems, even if it is a short-term solution.


Developer Earl – Ultimately you to have a grade separated crossing of Grand Ave. 



Chairman Senft – Agrees, but it won’t happen for some time.


Developer Earl - This project isn’t going to be the solution to the problem of a railroad that won’t let you cross, but there are allot of project that have been approved, project that are already on the board, let focus on the pollution, because is project is eight years in development.  We have to go to ADOT and MCDOT for help with this.  So maybe for the short term, there may be ways to crack this problem in the next two or three years there aren’t going to be people.



Commissioner Nachtigall – Where are the fire stations?


Developer Earl indicates on a map the location of the fire station.


Planner Randy Overmyer - A similar issue has been addressed by Del Webb, and there has never been a demonstrated instance of delay of emergency by a train.  We could build a hospital for the cost of the grade separation.


Chairman Senft – I want to see that project as an island with only one way in and one way out.  I want to see another way out.  I would feel more confident.


Planner Randy Overmyer – MCDOT is designing Jomax east of 163rd ave to join with the 303.


Chairman Senft – how long will that take?


Planner Randy Overmyer- about a three or four range.


Commissioner Hall – phase one is including commercial?


Developer Earl – yes, in some of the smaller neighborhood commercial area.  Depends of the critical mass of housing.


Commissioner Morris – Why did the city council talk about an impact fee but it wasn’t a regional impact fee, what was it?


City Attorney Blilie – The impact fee was a street impact for arterials.  The problem with that was it was disproportional for commercial development.  It would have been prohibitive for commercial development.  It is based on the use.  For instance Wal Mart would have been an additional five hundred thousand dollars in impact fees.


Chairman Morris – Seems if they created the problem, they should pay for it.


City Attorney Blilie – Peoria tried an impact fee, but it was so expensive that they reverse it because it was prohibiting commercial building.



P& Z Manager Finch – The existing ordinance requires the developers to building the half streets so they were looking at that as a solution rather then addressing an impact fee requirement.


Commissioner Morris – City council was blindsided by the P & Z saying they didn’t have the money and by going by these half streets programs, they aren’t really coming up with a solution.  The solution would be a regional fee.


P&Z Manager Finch - The regional fee was never addressed in the concept studies, so that something we could take back to the drawing board.



Morris – I think we should.



City Attorney Blilie – In this case, the commercial developer doesn’t create the traffic, the people in the house do.


Chairman Senft – Why would you want to load the commercial developers with the fees?


Planner Randy Overmyer – We’ve been attending meeting for about six months and we anticipate a draft by February.


City Attorney Blilie – What are the suggestion for the funding?


Planner Randy Overmyer – When the Surprise transportation commission completes its analysis it will identify the cost to fully build out the network in a long-range plane and compare it against anticipated revenues and recommend addressing its shortfalls.


Commissioner Hall – Why isn’t Desert Oasis paying transportation impact fees if they are building right now?


Chairman Senft – We don’t have a traffic impact fee.


P&Z Manager Finch – Keep in mind the Desert Oasis has a development agreement in place and we can’t impose fees now.


Commissioner Hall – So they are going to impact all this traffic onto Grand Ave and on to the 303?


City Attorney Blilie – Correct, it’s an older project and the committee has already approved blocking the fees and the fees are already built in for three years. Since we don’t have traffic impact fees, we can’t charge them.


Commissioner Morris – If we come up with a different solution so that it doesn’t burden the commercial.  What type of plan would that be?


City Attorney Blilie – The council created this transportation committee with one thing in mind, with one purpose in mind to create of the mechanism for different solutions.



Planner Randy Overmyer – We will offer to the council a menu of options for how to address future shortfalls.


Chairman Senft – We require the developer to build his half of the roads done. We thought it might be a solution, but overall the problem isn’t addressed.


Developer Rep – Agrees the cost should be shared.  It shouldn’t be the burden of our community and we are open to traffic impact fees.  It should also be imposed on all the other developments in the area. When it its appropriate for a traffic impact fee, each development will pay it.  Then it can be imposed on others as it comes along.


Chairman Senft – We many not solve this tonight, but one thing we can do is put it in a stipulation.


City Attorney Blilie – we can put the stipulation the development agreement we can address in this agreement for a transportation impact fee.


Chairman Senft – That’s one solution to one problem


Commissioner Hall – Thinks thing are moving in a positive direction


Chairmen Senft – Expresses concerns about open spaces.  We have 7%.


Developer Earl – We have 10 % of residential.  Were putting in as a part of the project some of the significant open spaces that is going into this SBA 2.  We did not walk away for the urban park.  We are granting the land of 55.6 acres and all of the development, and another 39 acres in the development park.  And the trail system, the lake with a series of armadas.  We put in just about everything in the City’s wish list.  Plus the neighborhood parks totaling 30 acres and trail systems in between. 


Commissioner Senft - What is our normal requirement?


Planner Andy Jochums – 10%


Developer Earl – We have open space in the commercial areas.


Planner Andy Jochums – 10% rule is just for the residential, which the developer has met.  In staff review, it does comply.


Chairman Senft – Note that it is 10% in residential in the staff report.


Developer Earl – We have the urban park, the Community Park, neighborhood parks, pocket parks in the neighborhoods, elaborate entryway features, plus the connectability trails.  An effort has been made to comply.


Chairman Senft – My concern is the lakes, we don’t want water features that will add to the evaporation and wastewater issues. I don’t mind the lakes to be decorative as long as they are functional.


Developer Earl – This project was the focal point for the solution.  1.How do we provide sewer to this SBA. 2. We acquired 28 acres of land for the Waste Water Treatment Plant and got the city to feel good about this and from there we’re going to be producing a lot of effluent. That’s why we have lakes.


Chairman Senft – You will be using this water to water your plants.


Developer Earl - Yes


Commissioner Hall – What the timing on the sewer plant? Are you going to be doing that first?


Developer Earl – It’s the first thing.  We are in the process of getting that annexed right now.


Another Rep –We are in the processing of annexing that.  We’re doing that so we can avoid a county special use permit.  We will be giving this facility to the city.


Chairman Senft – Can we note or have a stipulation for the use of effluent water?


Planner Andy Jochums – I believe it states that in stipulation K.  The narrative submitted by the applicant indicates they will use recycled water when available.


Commissioner Morris –Expresses concerns for lighting.  How do you light a ball part without lighting?


Developer Earl – We’re building the city park to be handed over to the city.


Commissioner Morris – need to be brought to parks and recreation attentions.


Other items – Minimum lot with is 58 and we are going with the 60.


Developer Earl – Yes, we are going with the 60 in the low-density areas.


City Attorney Blilie – We’ll be going to the council with wider logs in low density, but not medium density. So you may see PADS comes with a more medium density.  RM and RH can be less.  He continues to review guidelines with the developers/commissioners and planner.


Developer Earl – We are looking at other footprints.  We aren’t looking to circumvent your rule, but create a creative design product.  Lots may be rear loading.  They may be condominiums.


Commissioner Morris – Detail of lot categories by width, other minor details.  Railroad buffers.  Is there a cross-section of what your doing?


Another Developer Rep - we have 200-foot landscape and actual design that indicates buffers and trail a system that becomes more of an amenity than just a green belt.


Commissioner Morris – is this more visually or Sound?


Commissioner Hall – isn’t this section below the railroad grade?


Planner Andy Jochums – I think the ground is at grade.


Developer Earl – The Railroad has a natural buffer of 200 feet and we go an additional 200 feet that is a very significant buffer.


Commissioner Morris – thought there should be something more specific that “buffer”.


Developer Earl – we’re doing all the above. Trees tend to buffer visual and noise.  We can have higher than normal wall at the first row of houses.


Commissioner Morris – Sometimes required continuous vegetation.


Developer Earl –We can put berms and wall along the railroad.


Discussion continues about access to greenbelt form neighborhoods.


Commissioner Morris – Suggest building an overpass at 163rd so they don’t have to blow the whistle.


Planner Nachtigall – It’s not always easy and there’s not always an immediate solution.


Commissioner Hall – Goes into the details of flooding, and the drainage of 100-year flood plain.


Developer Earl – Typically the requirement is to build above a flood plain.


Commissioner Hall – What is benefit of a Z lot?


Developer Earl – A Z lot is a creative solution where they can put one both sides together with one open side.  They can be attached or not attached. But bringing them together with green space, with out setback, and zero lot line.


Other developer Rep - when we looked at the gateway area, the gateway area calls for higher density.  We made the decision not to build high-density apartments, but rather court or cluster, higher density but owner occupation. 

Elevations are displayed of the homes.


Commissioner Earl – Display of model homes being built to this concept around the valley.


Commissioner Gonzales – Reviews the bylaws of the development standards.


Planner Andy Jochums wishes to strike that pertinent section.


Commissioner Morris – Points to the map, asking where the fire station is to be located.


City Attorney Blilie and Planning manager Finch – discuss the possibility of a campground.


Commissioner Morris – Discussion regarding traffic at 163rd and Grand.  It there were a sewer plant there, it would be very poor.


Commissioner Morris and developers – Have further discussion and exhibition of concept for commercial development at the corner of 163rd and Grand Ave.


Developer Earl – We are not at the point of engineering it yet.


Commissioner Morris – If you ramp the overpass, how would develop the design of the small area.

if the overpass goes in, we might have to rethink the design.  But we think the ramp may not go all the way past the property. 

Developer Earl –Could be a stand-alone high-end restaurant.


 Open to the public:


William – 22611 N. 159th Ave.  I’ve come today to support this project because I own property just to the east of the Waste Water Treatment Plant to be placed. They may seem to be an odd position, but I have had talks with Lennar communities and they have assured me we can work together to find a benefit in this process for both our properties.  I am depending on them to maintain integrity to my property.  However, as time progresses, my neighbor will not be Lennar communities but the City of Surprise.  In that process, it will grow greatly. It will be significant.  So I need also consideration for and with the City of Surprise in this venture because it going to be a part of our lives.  We need to join in that future.  I’ve come to say hello that we’re here and we’re part of this.  I’m impressed by Asante.  It seems this is too grand for the entire community.  This is new to me and some of the impacts on my property will be significant.  So I am asking if I can be involved in the process of the city, so that the development of Asante with Lennar Communities and the city of Surprise can be combined to benefit all.  First I want to express my support, but also to ask if there can be some stipulation if we can be involved with the City of Surprise regarding that septic plant.  The recharge could be considerable. We could lose our well and that would be significant.  And we want to maintain use of our property. I’ve come to ask to be part of the planning process and if you can find a place for my so that my property can also realize it’s use.


Commissioner Morris – How much acreage do you have?


Dougherty – 17 acres immediately adjacent to the Waste Water Treatment Plant.


Commissioner Morris – The road?


Dougherty – That is our access from flood control.


Commissioner Morris – How is that working? How is the developer working with that?


City Attorney Blilie – Mr. Dougherty has a development agreement so we have to look at that to see what it says and possibly amend that to accomplish what he wants.


P&Z manager Finch – We have met and the most appropriate route would be to meet with him and address an amendment to the existing agreement.


Martin Rankin – 29640 N. 152nd Ave.  I was at the community meeting - there is a timeline for building this out and there is a timeline on the traffic study, but we really need to understand what is going to happen at 163rd Ave now.  Pinnacle Peak is under construction.  They are going to have considerable traffic, construction traffic.  Weatherford will about 1000 homes.  There hasn’t been a timeframe talked about as far as what’s going to happen in 2020.  I’m just wondering if there could be some stipulation put together to let Lennar know when they have to have that done.  Can there be a timeline for addressing 163rd and the railroad because it’s so rough.  I would think we could get a timeline to get that done sooner or later.


Commissioner Morris – Have you talked to the railroad, will they give any financial help to eliminate the light?


City Attorney Blilie – To participate in the flyover?


Commissioner Morris – They’re worried about accidents.


Directions given to Randy to look into that.


Planner Randy Overmyer – The railroad is negotiating with ADOT over the US 60 and 303 interchange.  We need their permission to build a structure over their right of way.  They control the height and geometric.  So we will be negotiating with them, so part of our vision is to build this concurrent with 163rd Ave.


Chairman Senft – Our concerns are to come up with some solution to the traffic and construction process.  What can we do to resolve the problem now?


Planner Randy Overmyer – The developer is going to build the arterial capacity.  The may include some remedial repairs to the at-grad crossing.  Adding capacity to the corridor and the intersection – I know that when we look at system operations near that location and north on 163rd, and that’s a concern.  I think another concern is what happens during the period of time that the interchange is constructed.  We nee to give people some alternative routes while these construction projects are going on.


Chairman Senft – How are we going to get people out of these developments to Grand Ave?  We still have only one ingress egress for this area.  We’re looking at long term with no short-term solutions.  I don’t know what the answer is.


Commissioner Morris – How is that being planned so that when they build 163rd now to ultimate width and you won’t put in an overpass and you don’t screw up the access?


Planner Randy Overmyer – That’s another challenge, we don’t control Grand Ave, ADOT does.


Commissioner Morris – Time on that?


Planner Randy Overmyer – 3 to 5 years.


Commissioner Morris – To design it?


Planner Randy Overmyer – Yes!


Chairman Senft – My big concern is ingress, egress the more we continue to develop because we have no immediate solution to the problem.  We have to be patient, but we should have thought this out so we had two way out of that at least. 


We could have a large-scale emergency and need an evacuation and we have no way out.


Commissioner Hall – Randy, if you get something going, now your bringing on more pressure to bear on the state.  Does that help?


Planner Randy Overmyer – I understand what you’re saying, as far as bringing pressure on ADOT.  ADOT has a state highway system that is dramatically under funded.  They are trying to narrow their scope of operations.  This is not the highest issue on their radar screen.


Commissioner Hall- How did so much get done in the southwest valley.




Planner Randy Overmyer – All these freeways where funded in the first 20 years of freeway construction.  West valley projects were dropped.


Chairman Senft – And we don’t even know it we’ll get the half cent tax?


Planner Randy Overmyer – If this doesn’t pass, it will be the planner relief act.


Chairman Senft – If we don’t get it.


Developer Earl – We’re fully aware of the transportation issue.  If we don’t do this project at 163rd Ave, then it doesn’t get built.  The reason the money went to the Southeast valley because that’s where the homes where being built.  Polling show that the vast majority favor 400.  West Valley was at the back of the bus, but it relates to us, we have a general plan that has a couple of issues.  Phase on of our project is 163rd Ave. So we are building it first.  Will provide all the relief for the folks in that area?  No, but it will help some.  We don’t build any home until we widen 163rd ave.   We have to build six lanes and a median because we own both sides of that entrance.  We build the intersection.


Chairman Senft – You will do all the improvement to 163rd to your property?


Developer Earl – yes


P&Z Manager Finch – We need to use this project as a vehicle to solve the regional project.


Chairman Senft – We need to urge the council to look forward to regional impact fee and those who go past their timeline will pay too.


P&Z Manager Finch – It needs to start with some of the activities Randy is doing and we need to identify the projects that need to be funded.


Planner Randy Overmyer – We’re looking at a draft in February.


Chairman Senft – Stipulation for impact fee.


Public – Canamex corridor calculated except between 10 and 60.  It the sales tax does not go through, will fed help to build out 303 from 10 to 60?  If so, we will have the truck route over there.


Planner Randy Overmyer – MAG has designated Canamex trade route, Vulture Mine road alignment roadways are currently dirt roads that have been no movement to designate anything else as Canamex truck route.  Any road way corridor in the state highway system can be used by truck traffic.


Foster – Why nobody is considering the fact that you keep building and no one is concerned about cars on the road?  But nothing is done.  And even so, everything has to come back to Bell road.  Nothing alleviates the problem of everything on Grand Ave and Bell.  And when the snowbirds come back, it will be worse.  One school.  If prop 400 doesn’t pass, we have nothing.  Not a penny.  It’s unbelievable that it’s taken this long for the City of Surprise to wake up.  How are you going get those people out in the event of an emergency?


Developer Earl – we will have commercial space here with access from Grand and 303.  This is a mixed-use project, not just houses.


Chairman Senft – Close public meeting.   Do you vote to close or continue? Do you want to have this project come back?


City Attorney Blilie – The stipulation adding J and K then adding L regarding the traffic impact fees and M regarding construction of all 163rd ave improvements up the entrance.


Developer Earl – Making sure that all developers will get tagged with the impact fee.


Chairman Senft- When we ask from those that will be applied to all projects coming into the city as well as those who’s in agreement.



 Commissioner Hall – Recommending approval PAD124 of stipulation of A-L.


Commissioner Blair – I second that.


All – yes.







Note:  During this time members of the public may address

The Commission on any item not on the agenda.  At the

conclusion of the open call, Commissioners may respond

to criticism, may ask staff to review the matter, or may

ask that the matter be put on a future agenda.  No discussion

or action shall take place on any item raised.






Chairperson and Commissioners:



Community Development Director – LaTonya Finch (Acting Director in

Philip Testa’s absence)


            No comments or questions from Commissioners or the public.




Pursuant to A.R.S. § 38-431.03(A)(3), the Planning and Zoning

            Commission may go into executive session with the City

            Attorney for legal advice on any item listed on the agenda.






Chairman Ken Senft adjourned the meeting at 10:10 P.M.







                                                                        LaTonya Finch, Acting Director

                                                                        Community and Economic Development