View Other Items in this Archive | View All Archives | Printable Version

PLANNING AND ZONING COMMISSION

12425 W. BELL ROAD, SUITE D-100

SURPRISE, AZ 85374

 

REGULAR MEETING

*MINUTES*

 

october 5, 2004

 

Call to Order:

Chairman Senft called the Regular Planning and Zoning Commission Meeting to order at 6:10pm, at the Surprise City Hall, located at 12425 West Bell Road, Suite D-100, Surprise, Arizona 85374, on Tuesday October 5, 2004.

 

Pledge of Allegiance:

 

Roll Call:

 

In attendance were Chairman Ken Senft, Commissioner Robert Gonzales, Commissioner Daniel Morris, Commissioner Skip Hall, and Commissioner Antonio Segarra.  Commissioner Randy Nachtiagll, and Commissioner Jan Blair were absent.

 

Staff Present:

 

City Attorney Jeff Blilie, Acting Community and Economic Development Director, LaTonya Finch, Planner Andy Jochums; Planner Stephanie Wilson, Transportation Planner Randy Overmyer, Planning Department Secretary Linda Bernsdorff.

 

Council Members Present:

 

There were no council members present.

 

PRESENTATIONS:

 

Old Business:

 

No minutes of previous meetings were presented for approval.

 

NEW BUSINESS:

 

 

REGULAR AGENDA ITEMS NOT REQUIRING A PUBLIC HEARING:

 

There were no items on the agenda that do not require a public hearing.

 

REGULAR AGENDA ITEMS REQUIRING A PUBLIC HEARING:

 

  • ITEM # 1:  CUP04-206, AUXILIARY GARAGE AT GREER RANCH

 

Planner Stephanie Wilson presented the staff report.

 

Commission members expressed interest as to whether or not the casitas could be considered as a living area.  They suggest that a stipulation be added that would not allow the casitas to become permanent residences.

 

Ms. Wilson explained that other developers, such as Sun Village Arizona Traditions, build Casitas with a breezeway attached to the residence, and in this case, they will be allowed to use this area as a living area.  She also explained the different setback requirements for an auxiliary garage and an attached garage.

 

Commissioners asked how the casitas would be sold.

 

Jack Sweeney 3200 E. Camelback Rd, Phoenix, AZ; identified himself as the applicant.  He explained that the casitas are not sold individually.  They are intended to be a garage.

 

Commission members recommended a stipulation be attached stating that the auxiliary garages shall not be used as a casitas.

 

City Attorney Blilie reviewed stipulation’s h, i, j, and k, and offered to amend these stipulations.

 

Commission members expressed concerned with the size and height of the garages.

 

Mr. Sweeney explained that there are two different styles with the general height of less than 14 feet.

 

open to the public:

 

There were no comments from the public for this agenda item.

 

Commissioner Morris made a motion to approve CUP04-206, subject to stipulations a through h, and including stipulations i, j and k as amended.  Commissioner Segarra seconded the motion.  The motion carried with 5 “yes” votes (Commissioner Blair and Nachtigall were absent).

 

 

  • ITEM # 2:  FP04-214, SIERRA VERDE PARCEL 5 CONDOMINIUMS

 

Planner Andy Jochums presented the staff report.

 

Planner Jochums stated that the site plan consisted of 189 units and various amenities in the interior of the site, and the project appears to be in compliance with state law.

 

City Attorney Blilie advised that, although city approval is not required for a condominium plat, the applicant’s attorney has requested formal written approval of the plat.  Since there isn’t any public infrastructure, the city does not become involved in the condo process.  There are 68 separate buildings, each building housing three units.  Two of the units in each building will have a two-car garage; and the remaining unit will have a one-car garage.

 

OPEN TO THE PUBLIC:

 

There were no comments from the public on this agenda item.

 

Commissioner Morris made a motion to approve FP04-214 Sierra Verde Parcel 5 Condominiums, subject to stipulations a through g.  Commissioner Gonzales seconded the motion.  The motion carried with 5 “yes” votes (Commissioner Blair and Nachtigall were absent).

 

 

  • ITEM # 3: PP04-024, PINNACLE PEAK COUNTRY ESTATES

 

Planner Desmond McGeough presented the staff report.

 

Commission members asked if the six-acre park has enough space for all of the amenities; and who will supply the water feature at the front entrance.

 

Mr. McGeough responded that he believed that the source of the water supply would be “gray water”.

 

Commission members wanted to add a stipulation requiring that as soon as effluent is available, it will need to be utilized.  Commission members also asked how they disclose street lighting to the buyers.  They would like to know at what point the homebuyer is made aware that street lighting appears in their tax bill.

 

Mr. McGeough stated that it is required as standard information which is disclosed during the home buying process.

 

Commission members expressed concern for the rezone from R1-43 to PAD, and did not recall it as a reclassification of R1-18.

 

Mr. McGeough explained that the applicant had originally applied for PAD zoning.  The applicant was advised to rezone because there was a commercial corner shown on their site map, and it should conform to R1-18 zoning.  The applicant then decided they wanted to zone all of their property under one designation.

 

Commission members inquired as to what a minimum lot size would be.

 

Mr. McGeough stated the city requires R1-18 properties to have a minimum lot size of 18,000 square feet.

 

Commission members stated that Maricopa County does not allow the use of a septic tank on any property containing less than one acre.

 

City Attorney Blilie stated that Maricopa County will have to approve septic tanks on a temporary basis until the regional plant comes on line.  He added that Asante is moving forward with development of a regional plant.  These properties will need to be connected to a sewer line as soon as the plant is completed and is turned over to the City of Surprise.

 

Commission members asked about future plans for item # 24 of the staff report, questioning whether it will be a temporary cul-de-sac.

 

Mr. McGeough stated that the cul-de-sac is a couple of hundred feet from the canal, and will be blocked off for now.  Eventually, Pinnacle Peak Road will extend along the alignment shown on the map up onto 155th Avenue where is will be connected.  155th Avenue will connect to Happy Valley Road and to Loop 303 in the future.

 

Commission members expressed concerns about what major improvements will be required at Loop 303 and Grand Avenue.  They inquired if the location for the access road would be where Deer Valley intersects.  They also expressed concern regarding the fees charged to the developer.

 

City Attorney Blilie stated that the city will take another look at this cul-de-sac for future building.  He noted that the developer has a contract and that the city cannot impose additional fees.  He added that if they have additional needs in the future, then the city could add an impact fee.  He noted that the city will address and apply an impact fee once they are adopted by council and recommended by the Transportation Commission.

 

Commission members expressed appreciation for inclusion of Item # 27 of the staff report and applauded its implementation.

 

OPEN TO THE PUBLIC:

 

Paula Forrester 16333 W. Escondido, Surprise, AZ; expressed concerns regarding the total improvements proposed for 163rd Avenue and 165th Avenue.  She opined that the roads may not connect for the next 10 years.

 

Commission members explained that each developer will be responsible for their share of improving and building the roads.

 

City Attorney Blilie elaborated on comments made by the Commission, and noted that the developer will add their portion of a frontage road along with the requirements imposed by Proposition 400, and other regional fees.  He noted that the Transportation Committee is looking into implementation issues and will come up with recommendations sometime next year.

 

Elizabeth Beal, 16059 W. Pinnacle Peak Rd., Surprise, AZ; asked about the time frame for the development.

 

Matt Barren 7047 E Greenway Park Way, Phoenix, AZ; identified himself as the project developer.  He explained that the building will go quickly, as the final plat has been completed.  He stated that the project will be completed concurrently with the time frame for the completion of the sewer plant.  He stated that sewer lines will be connected at that time.

 

Commission members expressed concerns with the use of the duel septic tank system and questioned if the water lines will be installed at the same time.  They also questioned whether recycled water will be used for the proposed water feature.

 

Mr. Barren stated that the builder will attempt to use gray water, though it may not be available when the building starts.  At that time, a dual septic tank system will be used, and it would be connected to a gray water system when it becomes available.

 

City Attorney Blilie stated that there is a contractual agreement already in place for use of gray water, and that the Commission may want to stipulate that the water features use recycled water.

 

Commission members request a stipulation of “h” and “l” be added, recommending that the water features use recycled water.

 

There were no additional public comments.  Chairman Senft closed the public hearing.

 

Commissioner Morris made a motion to approve PP04-024 – Pinnacle Peak Country Estates, subject to stipulations a-k, and stipulations h and l to be added.  Commissioner Hall seconded the motion.  The motion carried with 5 “yes” votes (Commissioner Blair and Nachtigall were absent).

 

 

  • ITEM # 4: CUP04-101, TNT CARWASH – Consideration and action, conditional use permit.

 

Planner Stephanie Wilson presented the staff report.

 

Commission members asked question concerning how TNT will use the water.

 

Jeff Cox 17070 N. 134th, Surprise, AZ; identified himself as the project developer.  He stated that the water will be recycled thru three tanks, and one additional tank will be used for fresh water for the final rinse and wax cycle.

 

Commission members asked about the impact a restaurant may have on available parking, as well as potential traffic impediments.

 

Ms. Wilson stated that there is adequate parking, and it is in compliance with city ordinance requirements.  Additional parking will not be required.

 

City Attorney Blilie explained that there will be a shared driveway as well as shared parking.

 

Commission members stated that they would like to see more trees planted on both sides of the property.  They would also like to know where and how the trash would be taken care of.

 

Mr. Cox explains that the trash receptacle is located offsite, and a golf cart will be used to transport the trash to the receptacle.

 

Commissioner Hall wanted to know if the sign could be seen from the street.

 

Mr. Cox responded by stating that the sign can be seen form side of the street.

 

OPEN TO THE PUBLIC:

 

Lois Webster – 15333 W. Camino Court, Surprise, AZ; questioned where the building would be located.  She also asked what would happen to the other TNT car wash should this one be built.  She also inquired as to noise associated with the operation of the car wash.

 

Mr. Cox explained that the other TNT carwash will not be closing; rather it will become a carwash for fleets for the fire dept, police or large motor homes.

 

Commission members state that TNT has a buffer with office space that measures about 400 feet in one direction and 1,000 feet in another direction.  Commission members stated that they feel this should be sufficient as a buffer.

 

Ms. Wilson added that there will also be a six-foot solid wall built around the development.

 

There were no additional public comments.  Chairman Senft closed the public hearing.

 

Commissioner Morris made a motion to approve CUP04-101 TNT Carwash, with the added requirement for two additional 24” box Palo Verde trees to be planted, along with stipulations a through n.  Commissioner Segarra seconded the motion.  The motion carried with 5 “yes” votes (Commissioner Blair and Nachtigall were absent).

 

 

  • ITEM # 5: CUP04-175, SIERRA VERDE MASTER SIGN PROGRAM

 

Planner Stephanie Wilson presented the staff report.

 

OPEN TO THE PUBLIC:

 

There were no public comments.  Chairman Senft closed the public hearing.

 

Commissioner Segarra made a motion to approve CUP04- 175 Sierra Verde Master Sign Program, subject to stipulations a through i.  Commissioner Morris seconded the motion.  The motion carried with 5 “yes” votes (Commissioner Blair and Nachtigall were absent).

 

 

  • ITEM # 6: CUPA04-216, PARADISE EDUCATION CENTER AMENDMENT

 

Planner Stephanie Wilson presented the staff report.

 

Commission members asked about the detailing around the windows and the roofline.

 

Ms. Wilson presented an elevation of the building showing that the details for the windows and the roofline will match.

 

OPEN TO THE PUBLIC:

 

There were no public comments.  Chairman Senft closed the public hearing.

 

Commissioner Segarra made a motion to approve CUP04-216, Paradises Education Center Amendment, subject to stipulations a through l.  Commissioner Hall seconded the motion.  The motion carried with 5 “yes” votes (Commissioner Blair and Nachtigall were absent).

 

 

OPEN CALL TO THE PUBLIC:

 

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.

 

Paula Forrester 16333 W. Escondido, Surprise, AZ; questioned what were the plans for the interchange of Loop 303 and Grand Avenue, and asked if there were any setback requirements.  She noted that there is a section in the parking lot located at Macayo’s Restaurant where cars are unable to exit from the parking lot.  She opined that cars are unable to exit the parking lot unless other cars back up in order to let the first car out.  She suggested the removal of a few parking spaces to resolve this issue.

 

Staff responded that they are aware of this issue.

 

Commission members stated that they will do a follow up and will get back with her.

 

Ms. Forrester asked if Asante will build the regional WWT plant, and inquired if they would be turning over the operation of it to the city.

 

She also opined that the water crisis is getting worse and we keep building.

 

She also inquired as to who pays for streetlights, the homeowner of the city.

 

Steve Hurley – 2969 E. 163rd Ave., Surprise AZ; wondered who will be required to connect to the Asante plant.

 

City Attorney Blilie states he will address this issue after the meeting.

 

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

 

CURRENT EVENTS REPORT:

 

Acting Director Finch requested that all commissioners attend a special P & Z meeting scheduled for October 12, 2004.

 

Dave Reuter stated that he would also like commissioners to come to the October 19, 2004 meeting about 15 minutes early, so that he can review dress attire for the next P & Z Commission Meeting that will be televised.

 

The police will be present at both the October 12th, and 19th meetings.

 

Chairman Senft inquired whether we should have a County representative present at the P & Z meetings.  He expressed his concern with similar problems the commission has experienced in the past.

 

Planning staff responded that there will be representation from Luke Air Force Base and the State Land Department at the October 12th special meeting.

 

Acting Director LaTonya Finch noted that the city is interviewing candidates for the Planning Manager position, and will keep the commission informed of the status of the recruitment.

 

Commission members commented on the strong odor emanating from the corner of Reems and Bell Road.

 

Acting Director Finch stated she will investigate the issue.

 

Commissioner Morris stated that he will not attend the October 12th meeting.

 

City Attorney Blilie stated that the Board of Adjustment will hear an appeal on October 27th, 2004.  Coyote Lakes has denied the CUP because of a conditional use permit issue.

 

Chairman Senft makes a comment that Ashton Ranch Elementary School was not provided with volleyball net by the developer.  He requested that someone contact him concerning this matter.

 

 

ADJOURNMENT:

 

Hearing no further business, Chairman Senft adjourned the Regular P & Z Commission meeting of Tuesday, October 5, 2004 at 10:10pm.

 

 

 

__________________________________

LaTonya Finch, Acting Director, Community Development Department.

 

 

Approved by: _____________________________

Ken Senft, Chairman

Planning & Zoning Commission