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12425 W. BELL ROAD, SUITE D-100






January 4, 2005


Call to Order:

Chairman Ken Senft called the Regular Planning and Zoning Commission Meeting to order at 6:05pm at the Surprise City Hall12425 West Bell Road, Suite D-100, Surprise, Arizona, 85374, on Tuesday, January 4, 2005.


Prior to reciting the Pledge of Allegiance, Chairman Senft requested a moment of silence to remember the victims of the Indian Ocean Tsunami.


Roll Call:

In attendance with Chairman Ken Senft were:  Commissioner Daniel Morris, Commissioner Skip Hall, Commissioner Antonio Segarra, and Vice-Chair Jan Blair (Commissioner Randy Nachtigall and Commissioner Robert Gonzalez were absent).


Staff Present:

City Attorney Jeff Blilie; Acting Community Development Director LaTonya Finch; Planning Manager Robert Millspaw; Planner Andy Jochums; Planner Desmond McGeough; Planner Stephanie Wilson; Planning and Zoning Division Secretary Linda Bernsdorff.


Council Members Present:

There were no council members present.



                                                                  OLD BUSINESS:                                                     


The minutes of the October 5, 2004 and October 19, 2004 Planning and Zoning Commission meetings were approved.


                                                                 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:  RZ04-296, REEMS OFFICE CONDOS


Planner Andy Jochums presented the staff report.


Commissioner Morris expressed concern with the proposed zoning text amendment concerning bars and taverns in the C-2 District and the impact it may have on this proposed rezoning petition.


City Attorney Blilie commented that the proposed zoning text amendment is not related to this petition.  He stated that the existing ordinance will apply to all current C-2 zoned parcels.  He added that vesting of land uses only occur after the land uses are established.  If a zoning text amendment passes it will then be applied to land uses established after the effective date of the ordinance.


Open to the Public


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


Commissioner Morris made a motion to approve RZ04-296 subject to stipulation “a”.  Commissioner Segarra seconds the motion.  The motion carried with 5 “yes” votes (Commissioner Gonzales, and Nachtigall were absent).





Planner Desmond McGeough presented the staff report.


Commissioner Segarra asked how the proposed ordinance addresses situations where there seems to be a difference between the balance of food and alcohol sales in the establishment.


Planner McGeough explains that the ordinance stipulates that for an establishment to be classified as a restaurant, it would require at least 50% of its revenue to be derived from the sale of food, and not alcohol.  The ordinance will impact only those establishments selling principally liquor only.


City Attorney Blilie briefly discussed the different types of liquor licenses and the amount of liquor and food sold by license classification.  He added that enforcement of the provisions of the liquor license is done through the Liquor Board.


Commissioner Segarra asked if the proposed ordinance was similar to state regulations.


City Attorney Blilie stated that under the state regulations, an establishment would be required to derive 40% of its revenue from the sale of food, and that the proposed City ordinance requires a minimum of 50% of revenue derived from the sale of food, thereby making our ordinance more restrictive than the state regulations.  He added that if an establishment generates less than 50% of its revenue from the sale of food, it would be in violation of the proposed ordinance.


Commissioner Morris noted an example of a rezoning request by the Coyote Lakes HOA that was denied.  The residents discovered this type of business was allowed in a C-2 zone with a Conditional Use Permit and were unaware that it could happen in a residential zone.


Commissioner Blair asked about bars and taverns already located in a C-2 zone.  She wondered if they are abandoned for a period of time, would they be allowed to return, since they would be considered a grandfathered land use.


City Attorney Blilie stated that the existing bars and taverns located in the C-2 zone may remain, since they are considered legal non-conforming land uses, as long as they conform to the zoning restrictions in place when they began operation.  He added that if the land use is abandoned for six months or more, then the future use of that land shall conform to the regulations of the C-2 zone in place at that time.  He also noted that changing ownership of the use does not trigger a requirement to require the non-conforming land use to become conforming.


Chairman Senft requested adding a stipulation requiring a minimum 1,000-foot spacing between bars and taverns in the C-3 zone from schools, churches and a residence.


Open to THE public

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


Vice-Chair Blair made a motion to approve ZTA04-408, adding a stipulation “a”, which would require a minimum 1,000 foot spacing between bars and taverns and schools, churches, and residences.  Commissioner Morris seconded the motion.  The motion carried with 5 “yes” votes  (Commissioner Gonzales, and Nachtigall were absent).





Planner Stephanie Wilson presented the staff report.


Commissioner Morris asked if the base color of the elevation for the proposed principal structure is similar to that approved for the master site plan.  He requested that a stipulation “o” be added that states that the color of the principal structure comply with the color pallet approved for the master site plan.


Vice-Chair Blair asked if cars will be parked in the parking lot overnight.

Planner Wilson explained that the type of services offered by the proposed land use are completed during the daytime hours, and cars will not be left in the parking lot overnight.


Commissioner Hall questioned the land use along the south side near the entrance.  He also asked about the height of the wall to the south being 6 feet, and noted that it transitions to 3 feet along Reems Road.


Planner Wilson responded stating that the land uses in this center are mixed commercial uses.  She also explained the difference in the wall height of the screen wall and the wall along the property line.  She stated that the shrubs planted along the 3-foot high wall will act as a buffer to this land use and to screen the parking lot.


Michael Baker, and Architect Michael Monroe of 6911 South Yosemite, Centennial, Colorado; identified themselves as the project proponents.  Mr. Baker stated that the business hours will be from 8:00am to 6:00pm, Monday through Friday, and from 8:00am to 5:00pm on Saturdays  The business will be closed on Sundays.  He stated that there will not be any outside storage associated with the operation of the business.  In response to a question from the commission concerning noise generation, Mr. Baker stated that this business is not one that performs major repairs, auto body work or auto painting, so the noise level generated will be minimal.


In response to a question from the commission, Planner Wilson explained that the existing land uses surrounding Brakes Plus include a day care, Sonic Drive-In, and general office-type uses.  She identified Pads 4 and 5 located to the east of the proposed Brakes Plus project on the overhead.  She also noted Jiffy Lube is to the North, and no current end users have been identified for Pad B and Pad C.


Open to the public


Paula Forrester 16333 w. Escondido Road, Surprise, AZ;  asked where the proposed gym would be located on the site, and when it would occupy the site.  She stated that a sign posted on the site announced that a gym was coming soon.


Planner Wilson explains the gym use has not been approved, and the sign should probably be removed.  Development Services Manager Finch stated that the City has not received a formal application for the gym land use.


Commissioner Segarra asks about the distance between the deceleration lane and the drive in entrance, and whether it is in a safe location.


Planner Wilson explained that the Engineering Department has approved the location in 2002 and that it has been deemed to be safe.


Commissioner Hall wanted to know the distance between the adjacent apartment buildings and the shopping center.


Planner Wilson provided an illustration of the master site plan, which provided the Commission with a visual reference to ascertain the distance.


Chairman Senft expressed concerns of excessive noise associated with the proposed land use and whether or not they will keep the bay doors open during the day.


Mr. Monroe stated that it would depend on the weather.  He noted that on warm days, the doors would likely be left open.  He added that changing brakes on a car is a much quieter operation than changing tires.  In response to Commissioner Segarras’ question on the distance to the apartment complex, he opined that Lot 7 is approximately 750 feet away from the eastern property line of the project.


Development Services Manager Finch stated that the building code and the zoning ordinance require sound-attenuated construction, and that the doors should be closed during business hours where noise issues are concerned.


Planner Wilson noted that the heavy shrubs surrounding the site will also mitigate noise and provide a buffer.


Open to THE public


There were no additional comments from the public regarding this agenda item.


Commissioner Morris made a motion to approve CUP04-310, Brakes Plus, and added a stipulation (Stipulation “o”) requiring that Brakes Plus shall utilize only colors from the approved color pallet for the master site plan that was approved under case number CUP02-064.  Vice-Chair Blair seconded the motion.  The motion carried with 5 “yes” votes (Commissioner Gonzales, and Nachtigall were absent).



                                                           OPEN CALL TO 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.


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.



                                                        CURRENT EVENTS REPORT:                                            


1.       Development Services Manager Finch gives each Commissioner the new commercial project list, which was published this week.  She also passed out a copy of the most recent edition of the Site Lines Newsletter.

2.       Development Services Director Finch surveyed the commission’s interest in attending the upcoming apa national conference in San Francisco.  Vice-Chair Blair stated that she would like to attend.

3.       Development Services Director Finch announced that the new Economic Development Director, John Hagan, has recently joined our department.  She noted that he came to Surprise from Indiana.


Chairperson and Commissioners:


Commissioner Segarra asked if everyone were aware of the water issues covered in articles appearing in the Arizona Republic.


Commissioner Morris brought up a point regarding mural signs and displayed a picture of a mural sign on the overhead.  The picture displayed a building elevation with a painting of a street scene on a large portion of the building elevation.  He expressed his dislike of this architectural feature.


Development Services Manager:  LaTonya Finch (Acting Director in Philip Testa’s absence)


Ms. Finch had no additional reports to present.



                          CONSIDERATION AND ACTION TO HOLD AN EXECUTIVE SESSION:              


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.


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, January 5, 2005 at 6:40 pm.




LaTonya Finch, Acting Director

Community Development Department





P&Z Commission Chairman Ken Senft