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12425 W. BELL ROAD, SUITE D-100






October 19, 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 Hall12425 West Bell Road, Suite D-100, Surprise, Arizona, 85374, on Tuesday, October 19, 2004.


Roll call:

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


Staff Present:

City Attorney, Jeff Blilie, Acting Community and Economic Development Director, LaTonya Finch; Planner Lee Lambert; Planner Desmond McGeough; Director of Transportation, Randy Overmyer; Planning Department Secretary Linda Bernsdorff.


Council Members Present:

There were no council members present.




No minutes of previous meetings were presented for approval.




Acting Director Finch requested that Item # 3 be moved up in the agenda to become the second item discussed, as there was a large audience present to listen to CUP04-219, AUX 1 Airfield Preservation.


Regular Agenda Items Not Requiring a Public Hearing:


There were no items on the agenda not requiring a public hearing.


Regular Agenda Items Requiring A Public Hearing:


·         ITEM # 1 CUP04 280, Conditional Use Permit – Oversized Garage


Planner Lee Lambert presented the staff report.


General discussion took place concerning the size of garage and whether or not it would have amenities.  Other of concern were whether concerns were addressed, including if the exterior would  the garage would match the existing home.


Daren Jarrell of 15828 W. Vista Trail, Surprise, AZ; stated that the same materials used to build the home will also be used to build the garage.


Other Commissioners expressed concerns on whether or not it would be converted into living quarters.


Applicant Jarrell stated that the garage will not become living quarters.


Commissioner Morris made the comment that the trim should wrap around the garage.


Applicant Jarrell agreed with the suggestion and will comply with the requested change.


Open call to the Public.


No one spoke in favor or in opposition to the request.


Commissioner Morris made a motion to approve CUP04-280 subject to stipulations a through g.  Commissioner Blair seconded the motion.  The motion carried with a unanimous “yes” vote.


·         ITEM # 2 GPA04-219, Auxiliary Airfield # 1 Preservation – 2004


Planner Desmond McGeough presented the staff report.


Greg Keller, Land Project Manager with the Arizona State Land Project 1616 W. Adams St. Phoenix, AZ; stated that the State Land Trust is the largest impacted land owner located within the 65dB LDN lines.  Mr. Keller also requested the commission to consider, with Luke AFB permission, that 0-2 units within ½ mile limit be considered.


Rusty Mitchell 14185 Falcon Luke Air Force Base, AZ; responded to the developers and land planners for recommendation on as our compatible flight operations.  Luke Air Force Base and the AUX 1 airfield would use the adopted standards.  He noted that the standards are applicable to the same flight operations everywhere.


Mr. Mitchell reiterated comments made at the last meeting.  He stated how important and critical to training operational briefings the base has been over the last year.  He also stated how important it is to maintain the pilot training mission at this facility.


Planner McGeough outlined the populations proposed within the various density line areas shown on the map.


Chairman Senft stated that the F-35 noise contours should comply with the requirements of House Bill 2141.  He noted that at this time the City is taking a little more restrictive approach.




Gary Byler 19832 W. Pinnacle Peak Rd, Surprise, AZ; stated that he lives in Potential Zone 1.  He made comments to the Mayor concerning his patriotism to this country.  He opined that he believes that someone has been dishonest.  He stated that the county told him that the responsibility of enforcing the regulations is under the jurisdiction of the City of Surprise.  He opined that because of poor management, Luke AFB is taking our property away, and it’s unfair.


Gregory Ellexson – 24404 W. Quails Nest Lane, Wittman, AZ; stated that he has the same comments.  He opined that we have no democratic vote.  We own the land, and yet we don’t have any input as to what should go on around it.  He also expressed concern that the county representative does not attend these meetings.


Chairman Senft stated that the City of Surprise cannot zone this property, because is not within the city limits.  He directed Mr. Ellexon to contact the county to address these issues.


Linda Deuel - 1929 E Coolidge, Phoenix, AZ; stated that she is a salesperson for the Spring Homes development and also is currently buying a home in that area.  She stated that she is very concerned about property values.  She added that she doesn’t know what to tell the 150 people who have purchased homes in the area, and added that she doesn’t get any satisfactory answers to her questions.


City Attorney Blilie explained that the State has passed a house bill which imposes restrictive APZ’s.  They were already in force when the F-16 jet noise lines were added, which means that the City cannot approve any projects located within the APZ that are inconsistent with the law.  The City of Surprise is required to follow the APZ regulations.


Ms. Deuel inquired about any grandfather clauses.


City Attorney Blilie explained that the City will review all grandfathered land uses.


Ms. Deuel wondered why they are having problems obtaining permits.


City Attorney Blilie stated that the property she is inquiring about is located within the county, and that the county is the proper agency to make permit applications to.


Ms. Deuel opined that she continues to feel that everyone is getting the run around.


Rick Molera 4408 W. Sandra Terrace, Glendale, AZ; commented that these people have invested their life savings, and the 5th Amendment of the State Constitution states that “a parties property shall not be taken for public use without fair compensation and without merit.”  He opined that the APZ rules jeopardize the use of his property.  He questioned why Luke Air Force Base didn’t purchase this land 20 years ago.  He feels that the citizens and not Luke AFB provide true prosperity.  He requested that the City of Surprise do the right thing and support the rights of the property owners.


Barbara Byler 19832 W. Pinnacle Peak Rd, Surprise, AZ; stated that she feels like this whole development is similar to a football game, only the rules have been changed in the middle of the game.  The county says it’s the City of Surprise responsibility and the City of Surprise say’s it the county’s responsibility.  She asked if anyone here communicates with the county.  She commented on the October 12, 2004 special Commission presentation from Rusty Mitchell.


Chairman Senft stated that the City is in compliance with the two house bills, HB2140 and HB2141, which are requirements that help to preserve a military base from encroaching and potentially incompatible developments.  He noted that the county is ultimately responsible for the issuance of permits and for rendering any decisions regarding the grandfathering of any property development rights.


Acting Director Finch explained that there is ongoing communication with the county and that the county made their recommendation based on compliance with the City of Surprise General Plan.


Charlie Harrison 631 515 E. Care Free Hwy, Phoenix. AZ; stated that real estate agents sell property in the surrounding area.  He opined that the industrial zoning designation will impact his property, and stated that he feels this isn’t fair.  He stated that notification was not sent to the property owners and that they should have notified, even though the City of Surprise is not the responsible agency.  He feels that this should be put on hold until the homeowners have consulted with the Governor.


City Attorney Blilie states that the City has complied with the law and posted notices of the public hearing as required.  He added that the City did not send notices to individual property owners since it wouldn’t have been feasible to do so.


Mr. Harrison opined that this is an issue of humanity and not an issue with the law.


Acting Director Finch explained that the City of Surprise has been at the table at each meeting, and has invited the county to attend these meetings.  She noted that the City is the only jurisdiction that is here tonight.  She noted that Mr. Harrison’s property lies outside the city limits.


City Attorney Blilie explained that by putting our General Plan on hold does not concurrently put state law on hold.  He stated that the APZ’s have already been created, and that if your property is located within the Surprise APZ, the City has no option other then to comply with the regulations it has in place.


Mr. Harrison responded by stating, “send a message to put this on hold”.


Phil Arthur 19720 W. Pinnacle Peak Rd, Surprise; opined that Luke Air Force Base hasn’t flown a single plane yet, so the F-35 contour line should be removed.  He isn’t convinced that the F-35 will ever fly from the base or how loud it will be.  He opined that Luke Air Force Base will probably close within the next 5-7 years, and the House Bill 2141 does not apply to the F-35 noise contour line.  He opined that there are considerable problems and impacts associated with cleaning up the contamination on the base.  He reiterated his request to remove the F-35 contour lines from the map.


Stephanie Hernandez- 21150 W. Quail Nest Lane, Wittman, AZ; expressed concern about the use of her property, and wonders why the county ever allowed any building in this area.  She asked why the City of Surprise did not send notices to the residents.


Commissioners stated that they will look into the expressed concerns of the property owners.


Patricia Hardy 29241 N.  26th, Cave Creek AZ; spoke of the permits and the problems that surround what has already been issued.  She complained of the continual changes in the maps, and questioned if anyone knew what was going on.


Lupe Arenas 110210 128th ave, Waddell, AZ; stated the planes from Luke Air Force Base fly over her property, and because of the noise they generate, is unable to sell her home.  She also has been told that her property is located within a flood zone.  She questioned weather or not she is a grandfathered use, and asked who was responsible for issuing permits.


Several members of the audience expressed their concerns regarding their property values.


Commissioners stated that they will do a study of property values in the area.


Nora Hogers 24503 W. Quails Nest Lane, Wittman, AZ; expressed several comments, noting that:

·         APZ 61 states that though a property owner is grandfathered, House Bill 2141 states that the County has the provision to acquire their property if necessary.

·         She has concerns with density and danger zones.

·         She questioned what the real agenda and issues are in the plan.


Hearing no further comments, Chairman Senft closed the public hearing.


Commissioners commented on issues with the F-35 noise contours, and how it will affect areas slated for development.  They also discussed the development policies of the General Plan and if they should be modified.


The Commission also advised the residents to consider taking their issues to the State Legislature.


Several members of the audience responded by stating that they feel they have taken their issues to the state legislature, but have had no success.


Some members of the Commission stated that they plan to speak with Governor Napalitano, and Senator McCain, and request that they investigate House Bills 2140 and 2140 and how they affect the residents.  They will also make a suggestion of a reimbursement of funds to the landowners.  The Commission stated that the homes already built will not be affected.  The Commission stated their support of the F-35 plan and the preservation of the mission of Luke Air Force Base and the Aux 1 airfield preservation programs.  They note that the City is only submitting plans that are in compliance with State law.


Commissioner Segarra made a motion to approve GPA04-219, Auxiliary Airfield # 1 Preservation.  Chairman Senft seconded the motion.  On a roll call vote, Commissioner Morris, Commissioner Blair, Commissioner Gonzales, and Commissioner Hall vote “No”; Commissioner Segarra vote “yes”.


Commissioner Morris then made a motion to bring GPA04-219 to the November 2nd meeting with changes made by the staff.  The motion passed with 4 “yes” votes and 2 “no” votes.


·         ITEM # 3 GPA04-186, Major General Plan Amendment on Cactus Lane Ranch


Planner Desmond McGeough presented an application to effectuate changes to the Cactus Lane Ranch project.  He outlined the scope of the changes requested, and stated that the City is continuing to review the application.


Paul Gilbert 4800 N. Scottsdale Rd, Scottsdale AZ; introduced other representatives from different home divisions that are planned to be built in this area.


Mr. Gilbert outlined the progression for development of a planned regional mall, which include an auto mall, shopping mall, ancillary commercial development and residential homes.


Mr. Gilbert reviewed questions as well as the stipulations presented at the special meeting on October 12th.  Those concerns centered on the availability of adequate roads to meet projected traffic demands.


Mr. Gilbert briefly discussed the impact of the Aux 1 airfield preservation program, schools, employment and water/sewer supply.


Commissioners expressed their concerns with setbacks and buffering along Peoria Ave.  Discussion continued with how to set up a buffer with a density of 1 home per acre along Peoria Avenue, and how to implement a graduated 2 home per acre as development of the project progresses.




Rick West 118118 N. Tatum Blvd, Scottsdale, AZ; expressed his concern regarding population projections contained within the General Plan, and noted that the City should carefully consider issues of general population projections, employment projections, commercial development and residential development issues.  He noted several other issues that should receive more study concern, such as schools, traffic and the supply of water for today and the future.


Mr. West suggested that some thought be given in offering decent paying jobs in order to continue to bring revenue into the City.  He opined that if you only provide minimum paying jobs, no one will be able to afford to shop at the mall.


Paula Forrester 16333 W. Escondido Surprise, AZ, questioned the availability of roadways leading to the new mall.  According the maps, there doesn’t seem to be enough roads to handle future traffic.


Larry Quiroz 17617 W. Peoria Ave, Waddell, AZ; noted that traffic is already bad, and that there should be wider lanes.  He reiterated the housing issues previously mentioned.


The Commission discussed the site layout and future traffic impacts, and discussed the areas designated on the map for future employment.


Jack Razor of West Core Co.; stated that there are several large businesses interested in moving into the area that would create competitive paying jobs, such as professional office and industrial uses.


Mr. Gilbert noted that the general plans of other cities have tried to incorporate jobs creation goals and policies, and he noted that his group has learned from the mistakes of others.  He also briefly discussed the siting of emergency exits located within the residential area.


Chairman Senft asked if the Commission had any questions for the applicant.


After a brief discussion, the Commission expressed its interest in requiring the following stipulations.

·         Road locations are changed to allow for emergency exits.

·         The project shall not to exceed 6,500 units.

·         The developer shall provide a buffer along Peoria Ave.

·         The drug store shown on the map shall be eliminated.

·         Recommend that staff stipulations “a”, “b”, and “c” be amended.


Commissioner Senft made a motion to approve the proposed amendments.  Commissioner Segarra seconded the motion.  The motion passes with a unanimous vote of “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.


Chairman Senft called to the public to discuss any issues that are not on the agenda.  There was no one in the audience that wished to speak on any item not on the agenda.


Chairman Senft closed the public meeting.




Acting Director Finch announces that Quick and Clean Car Wash may not appear as originally submitted, and that they may withdraw their request.  She will have more information to present at the next meeting.


There is a scheduled meeting on October 27th to hear an appeal by Coyote Lake.  She noted that they may pull their appeal request.


Chairperson and Commissioners:


Chairman Senft expressed his interested in the status of the volleyball net for Ashton Grammar School.


Community Development Director – LaTonya Finch (Acting Director in Philip Testa’s absence)


Ms. Finch had no additional reports to present.




Pursuant to A.R.S. § 38-431.03(A)(3), the Planning and Zoning Commission may go into executive session with the City Attorney to obtain legal advice on any item listed on the agenda.


There was no request made to call for an executive session.




Hearing no further business, Chairman Ken Senft adjourned the Regular P & Z Commission meeting of Tuesday, October 19, 2004 at 10:40 pm.






LaTonya Finch, Acting Director

Community and Economic Development Department





P&Z Commission Chairman Ken Senft