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PLANNING & ZONING COMMISSION
MINUTES

12425 W. BELL ROAD, SUITE D-100
SURPRISE AZ 85374
REGULAR MEETING
April 3, 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.

STAFF PRESENT: Deputy City Attorney Ted Mariscal, Interim Director of Community Development John Guenther, Planning Manager Scott Phillips, Planner Desmond McGeough, Planner James Atkins, Planner Grant Penland, Administrative Assistant Jenifer O’Melia.

III. APPROVAL OF MINUTES: approved

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

IV. WITHDRAWALS AND CONTINUANCES:

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)

Planner McGeough made a presentation for Application PAD00-101.PAD00-101.

SPEAKER: Joe Walsh 4550 N. 12th Street, stated that the proposed amendment to Parcel 5 is similar to the development within Parcel 6 of Canyon Ridge, and that they have decreased the overall project density by requesting a change for Parcel 5 from the multi family to single family residential with a density of 3.5 dwelling units per acre. He also stated that they have conducted a neighborhood meeting and that the residents were not opposed to this project.

Planner McGeough stated that there is one model change that needs to go through review.

Commissioner Senft was concerned about 40-foot lots and wanted to know how many this project will have. He also wanted to know how they can obtain the 40-foot lot variance.

SPEAKER: Joe Walsh replied there are about 120, 40-foot lots.

Planner McGeough stated the only way to request a 40-foot wide lot was through the variance process and that the applicant obtained a variance from single-family guidelines through the Board of Adjustment, which staff supported.

Acting Chairman Bails stated this project has 178 lots that are either 40 or 43-foot lots. She also had concerns whether the community is gated and the amount of parking on the streets. She also had concerns if the residents completely understood how small a 40-foot lot is.

SPEAKER: Joe Walsh stated the residents understood what a 40- foot lot is, and they did not withhold any information from the residents.

Commissioner Morris had concerns with the poor architecture on the back of the houses, since they will be seen from 115th Avenue. He also had concerns with the small lots.

Acting Chairman Bails stated that 58% of the lots are 40-foot lots.

Commissioner Senft wanted to know if the applicant would be willing to increase the lots size.

SPEAKER: Joe Walsh replied that his client would probably not increase the lot size.

Commissioner Morris had concerns with the northwest corner of the property and regarding the landscaping. He also had concerns with what type of improvements will be done to Union Hills and 115th Avenue and what, if any, kinds of traffic studies have been done.

SPEAKER: Joe Walsh stated there will be improvements in regards to the landscaping. The drainage ways will be cleaned up, and the roads will be finished. He stated they will only be improving one side of 115th Avenue, and that there has not been a recent traffic study.

Planner McGeough stated that the Engineering Department looked at this project and did not have additional comments in regards to additional improvements outside of the Development Agreement.

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)

Acting Chairman made a motion to deny Application PAD00-101 based on the lot sizes. Commissioner Morris seconded the motion.

Motion passed. 4 Yeas, 0 Nays, and 2 Absent.

B-1. Public Hearing – Application FPA01-17
Ed Packard of L.E.A.D.S., on behalf of Albertson’s Inc., property owner is requesting consideration and action on a Final Plat Amendment for a retail store to be known as Osco Drug Store, located on the northeast corner of Sunrise Blvd. and Clearview Blvd. (Final Plat - Osco Drug Store #9306)

Acting Chairman Bails stated for the record that she is an employee of Albertson’s; therefore it is a conflict of interest for her to vote on this application.

Deputy City Attorney Ted Mariscal stated because Commissioner Bails cannot vote, the body of Commissioners is reduced to a number less than the required quorum therefore no action can be taken on this application.

B-2. Consideration and action on Application FPA01-17 
Ed Packard of L.E.A.D.S., on behalf of Albertson’s Inc., property owner is requesting consideration and action on a Final Plat Amendment for a retail store to be known as Osco Drug Store. (Staff Recommendation – Approval)

C-1. Public Hearing – Application PP00-178
Robert Murphy of Stantec Consulting, on behalf of Fairway Farms, L.L.C., property owner is requesting consideration and action on a Preliminary Plat for a residential subdivision, located at the northwest corner of Litchfield Road and Peoria Avenue. (Mountain Gate)

Planner Atkins made a presentation for Application PP00-178.

SPEAKER: Paul Gilbert of Buess Gilbert 3200 N. Central #1000, stated that this application fully complies with the zoning ordinance and the city engineer design guidelines. He stated that they had extensive talks with Dysart School District, which they have a verbal agreement with.

Commissioner Senft wanted to know how far this project was from Luke Air Force Base. He was also concerned with the homebuyers having adequate notification of the noise from Luke.

Planner Atkins replied the project is two to three miles from Luke and lies within the AICUZ lines.

SPEAKER: Paul Gilbert stated by state law provisions must be made so the homebuyer is notified of the proximity of Luke Air Force Base and that there are frequent fly overs.

Commissioner Morris had concerns with there being a small amount of open space, circulation of the streets, and diversity of the streets.

SPEAKER: Paul Gilbert replied that the diversity is based on the overall project. The City has no subdivisions with acre lots. Acre lot homes do not line up along the street due to the large envelope. In addition, the homes are going to be semi-custom. The layout in regards to the streets is standard to similar subdivisions.

SPEAKER: Mike Somer 8211 S. 48th St., stated the layout of the streets are conventional and the open space is the retention open.

Commissioner Morris had concerns with the number of "T" intersections facing homes and offered roundabouts as a possible solution.

SPEAKER: Paul Gilbert stated they are willing to take a look at the roundabouts, but will not commit to a number.

Commissioner Senft would like to add a stipulation to make sure that a full disclosure to all property owners regarding Luke Air Force Base proximity and over flights.

Deputy City Attorney Ted Mariscal stated changes to stipulations I and j. He also added wordage to stipulation k.

SPEAKER: Paul Gilbert replied the applicant agrees to the modifications.

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.

C-2. Consideration and action on Application PP00-178
Robert Murphy of Stantec Consulting, on behalf of Fairway Farms, L.L.C., property owner is requesting consideration and action on a Preliminary Plat for a residential subdivision. (Staff Recommendation - Approval)

Commissioner Morris made a motion to approve Application PP00-178, subject to stipulations a – l attached hereto as Exhibit A. Commissioner Bails seconded the motion.

Motion passed. 4 Yeas, 0 Nays, and 2 Absent.

D-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)

Planner McGeough made a presentation for Application ZTA01-10.

Commissioner Bails stated there still needs to be reconstruction of the ordinance, and there are still spelling mistakes throughout the ordinance. She stated the Commissioners received the same exact ordinance that they were given the first meeting. She was also concerned with the wording of the ordinance being hard for the public to read.

Commissioner Morris had the same concern of the ordinance being difficult for citizens to read and understand.

Interim Community Development Director John Guenther stated the legal ease is there for enforcement reasons, and the opinion of the staff is to use the more legal ordinance.

Commissioner Bails wanted to know what the other Commissioners thought of the ordinance.

Commissioner Gonzales stated he had no comments.

Commissioner Senft stated that he understood the ordinance which overall, was not that difficult to read.

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 and acting Chairman Bails both stated the ordinance needs to be consistent.

D-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 approve Application ZTA01-10. Commissioner Senft seconded the motion.

Motion passed. 3 Yeas, 1 Nay, and 2 Absent.

E-1. Public Hearing – Application FP01-11
Richard Schwartz of Stanley Consultants, Inc. on behalf of Del Webb Home Construction Inc., property owner is requesting consideration and action on a Final Plat for a subdivision to be known as Sun City Grand – Park Place, located north of Mountain View Boulevard and east of Sunrise Boulevard in a portion of Sun City Grand. (Sun City Grand – Park Place)

Planner McGeough made a presentation for Application FP01-11.

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.

E-2. Consideration and action on Application FP01-11
Richard Schwartz of Stanley Consultants, Inc. on behalf of Del Webb Home Construction Inc., property owner is requesting consideration and action on a Final Plat for a subdivision to be known as Sun City Grand – Park Place. (Staff Recommendation - Approval)

Commissioner Morris made a motion to approve Application FP01-11, subject to stipulations a – I attached hereto as Exhibit B. Commissioner Gonzales seconded the motion.

Motion passed. 4 Yeas, 0 Nays, and 2 Absent.

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

VII. REPORT FROM PLANNING AND ZONING DEPARTMENT:

VIII. REPORT FROM PLANNING AND ZONING COMMISSION:

Commissioner Morris wanted to know why agenda item B-1 and B-2 were skipped.

Deputy City Attorney Ted Mariscal replied that Commissioner Bails could not vote on agenda item B-1 and B-2 because it was a conflict of interest. That would only leave 3 Commissioners to vote, which is not a quorum.

Acting Chairman Bails stated that the City Council needs to advertise for a new position on the Commission. On the next agenda she would also like the Commission to vote on a new Vice-Chairman. Commissioner Morris stated he would like to be on the committee for the revision of the Old Town Square.

IX. ADJOURNMENT:

There was no further business. On a motion duly made and seconded. Acting Chairman Bails declared the meeting adjourned at 9:00.

Carl Cox, Chairman
Planning and Zoning Commission

John Guenther, Interim director
Community Development