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PLANNING AND ZONING COMMISSION

12425 W. BELL ROAD, SUITE D-100

SURPRISE, AZ 85374

April 5, 2005

 

REGULAR MEETING MINUTES

 

 

Call to Order:

 

Chairman Ken Senft called the Regular Planning and Zoning Commission Meeting to order at 6:03pm at the Surprise City Hall12425 West Bell Road, Suite D-100, Surprise, Arizona 85374, on Tuesday, April 5, 2005.

 

Roll Call:

 

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

 

Staff Present:

 

Deputy City Attorney Carla Bastian; Development Services Manager LaTonya Finch; Planning and Zoning Manager Robert Millspaw; City Planner Stephanie Wilson; City Planner Andrew Jochums; City Planner Jim Atkins, and Planning and Zoning Division Secretary Gilda M. Tangtam.

 

Council Members Present:

 

There were no council members present.

 

Pledge of Allegiance:

 

Approval of Minutes:

 

The minutes of the November 16, 2004 Planning and Zoning Commission meeting were approved as submitted.

 

The minutes of the March 15, 2005 Planning and Zoning Commission meeting were approved as submitted.

 

 

OLD BUSINESS

 

  • Item #1:  RZ04-331 – Consideration and Action – Rezoning Petition – Habitat for Humanity.

 

This item was continued from the March 15, 2005 meeting.  Planner Wilson gave a brief presentation to the commission on the petition.  She reiterated that the property was formerly owned by the City of Surprise and had been deeded over to Habitat for Humanity on June 6, 2004.

 

Chairman Senft stated that he had a brief meeting with Councilman Danny Arismendez regarding this item.  He stated that Councilman Arismendez is a strong supporter of Habitat for Humanity, however he had expressed concerns regarding the area not being appropriate for this type of project, noting that there is a high incident of drugs and crime in the area, and the existing businesses in the area create a lot of noise that are incompatible with residences.  He opined that it does not make good policy to put people in this situation when they might be trying to recover from past problems.  He stated that Councilman Arismendez would like to see if there are other locations within the original townsite area that may be more appropriate for this project.

 

Doug Parker, representing Habitat for Humanity; answered questions from the commissioners regarding the possibility of selling to a commercial developer and building someplace else.

 

Planner Wilson provided a brief history of the sequence of events leading up to Habitat for Humanity acquiring the property.  She noted that the site is located across Market Street from residentially-zoned and residentially-used properties.  She stated that many uses in the original townsite area do not correspond to what the land is zoned for.  She noted that the General Plan designation for this site is “Mixed Use Gateway”.  She also responded to questions about yard setbacks.

 

Deputy City Attorney Bastien stated that the proposed zoning and project met the intent of “Mixed Use Gateway” as defined.

 

Chairman Senft opened the meeting to receive public comment.

 

Doug Parker, representing Habitat for Humanity, stated that Habitat for Humanity put a lot of time into preparing this application, and noted that Habitat wants to be a catalyst for change in poor neighborhoods.

 

Al Beachy, 19005 N. Welk Dr., Sun City AZ; expressed concern about changes to the setbacks.

 

Dave Fischel, 7802 Weathersfield, Peoria, AZ; noted that his business had operated from the same location for more than 25 years.  He also pointed out that there are 50 to 100 day-workers in the area everyday.  He also stated that is not unusual to find drug paraphernalia in the area.

 

Paula Forrester, 16333 W. Escondido Ct., Surprise, AZ; opined that she supports Habitat for Humanity; however expressed concern for the families moving into this area, noting that a 7-foot high wall would be like a prison to any children living there.  She opined that the families living there would be stuck in the middle of a commercial area.

 

Discussion ensued among the Commission members as to the size of the residences proposed, the height of the wall to buffer the project site from adjacent commercial land uses, the land use immediately adjacent to the project site, and two businesses being operated out of adjacent residences.

 

Vice-Chair Blair asked a question on behalf of Commissioner Morris (who was absent), regarding the ability for Habitat for Humanity to sell the property and buy land elsewhere.

 

Doug Parker stated that Habitat for Humanity would have to go through the RFP process all over again should the zoning application for this site be denied.

 

Chairman Senft announced that he received a letter from Cathy Villagomez who resides at 12646 W. Market Street.  In her letter, Ms. Villagomez expresses her opposition to the project due to the detrimental impact it would have on neighboring property values.

 

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

 

Chairman Senft asked Deputy City Attorney Bastien and Development Services Manager Finch about the concerns expressed and recommended a joint workshop with representatives of Habitat for Humanity and the City Council.  It was agreed that a joint workshop would be appropriate.

 

Hearing no further comment, Commissioner Nachtigall made a motion to continue RZ04-331, a Rezoning Petition for Habitat for Humanity, to the May 3 2005 Planning and Zoning Commission meeting, and proposed a workshop to work out the problems, the date and time to be established at a later date.  Commissioner Segarra seconded the motion.  The motion passed unanimously (Commissioner Gonzalez and Commissioner Morris were absent).

 

 

                                                               NEW BUSINESS:                                                  

 

  • Items #2 & 3:  GPA05-096 and RZ05-095 – Consideration and Action – Bell Mirage Estates Rezoning and Minor General Plan Amendment.

 

Planner Jochums presented the project to the commission with the staff recommendation to approve the application for a minor General Plan Amendment, GPA05-096, and the accompanying Rezoning Application, RZ05-095, subject to stipulations ‘a’ and ‘b’.

 

Commissioners Hall asked to speak to the applicant, wanting to know if the project would be subsidized housing.

 

Brian Swanson with Community Services answered questions relating to the project.  He stated that their organization is a 501 (c) 3 organization, and that this project is intended to provide high end housing for the working class.  He added that the project is not public housing, nor was it Section 8 housing.

 

Commissioner Hall expressed concern about the change in management later on in the project and qualifications requirements.

 

Brian Swanson described the community amenities and after-school programs, and stated that the project would be self-managed by Community Services of Arizona.  He made a brief powerpoint presentation to the members of the commission.

 

Commissioner Segarra asked about the reason for the City Council’s denial of the earlier submittal.  Mr. Swanson stated that they believe it was a misunderstanding with the Council’s interpretation of what kind of project it was, the product proposed and the type of construction.

 

Planner Jochums reminded the commission that the applicant is only petitioning the Commission for rezoning from commercial to residential, and that the project site plan would be reviewed by the Commission at a later date.

 

Chairman Senft opened the meeting to receive public comment.

 

Paula Forrester, 16333 W. Escondido Ct., Surprise, AZ; stated that she attended the Council meeting, and commented that Council denied the project because the project is rental housing and not an owned product.  She added that they expressed concern over rentals in this neighborhood attracting additional transient population, and that they will generate an increase in traffic.  She also stated that the project was not presented to Council the way it was presented tonight.  She opined that if the units were to be sold in 15 years that they would need a lot of rehabilitation beforehand.

 

Mr. Swanson responded, stating that the company actively participates in crime-free multi housing practices and is active in the community.  He provided brief descriptions of the crime-free multi-housing program, the AMA five star program, the AMA project SAFE, and the Aggressive Community Policies and leasing standards as well as the after school programs proposed for the residents.

 

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

 

Commissioner Segarra made a motion to recommend approval of RZ05-095, Bell Mirage Estates Rezoning, and GPA05-096, Bell Mirage Estates Minor General Plan Amendment, subject to stipulations 'a' and 'b'.  Commissioner Nachtigall seconded the motion.  The motion passed unanimously (Commissioners Gonzalez and Morris were absent).

 

 

  • Item #4:  PP04-412 – Consideration and Action – Approval of a Preliminary Plat consisting of 125 Single-Family Residential Lots within Marley Park Parcel #9.

 

Planner Jochums gave a brief presentation, stating that staff recommended approval of Preliminary Plat within the Marley Park Planned Area Development, subject to stipulations ‘a’ through ‘j’.

 

Commissioner Hall had questions about the open space for the project.  Planner Jochums explained that the developer would work with the staff planner, and noted that there would be lush landscaping and usable open space.

 

Chairman Senft opened the meeting to receive public comment.  Hearing no comments, Chairman Senft closed the public hearing.

 

Commissioner Segarra made a motion to recommend approval of the Preliminary Plat of Marley Park Parcel #9, subject to stipulations 'a' through 'j'.  Commissioner Nachtigall seconded the motion.  The motion passed unanimously (Commissioners Gonzalez and Morris were absent).

 

 

  • Item #5:  PP04-413 – Consideration and Action to approve a Preliminary Plat, consisting of 99 Single-Family Residential Lots within Marley Park Parcel #11.

 

Planner Jochums gave a brief presentation on the proposal, stating that staff recommended approval of the Preliminary Plat of Marley Park Parcel 11, subject to stipulations ‘a’ through ‘j’.

 

Vice-Chair Blair had questions about the school district.  Planner Jochums stated that the school district would be Dysart School District and more than likely the children would go to Marley Park Elementary School.

 

Chairman Senft opened the meeting to receive public comment.  Hearing no comments, Chairman Senft closed the public hearing.

 

Commissioner Nactigall made a motion to recommend approval of the Preliminary Plat of Marley Park Parcel #11, subject to stipulations 'a' through 'j'.  Commissioner Segarra seconded the motion.  The motion passed unanimously (Commissioners Gonzalez and Morris were absent).

 

 

  • Item #6:  ZTA05-104 – Consideration and Action to approve a Zoning Text Amendment – Temporary Use Permits.

 

Development Services Manager Finch stated that the staff would like to recommended that this item be discussed at a workshop, as suggested by Chairman Senft, and recommended continuance of this item to the April 19, 2005 Planning and Zoning Commission meeting.  She stated that the workshop was designed to share concerns expressed by property owners with the Commission.  She announced that the workshop will be conducted prior to the meeting, and would begin at 5:00pm.

 

Vice Chair Blair made the motion to continue item ZTA05-104 to the April 19, 2005 Planning and Zoning Commission meeting, with a workshop preceding the meeting to begin at 5:00pm.  Commissioner Segarra seconded the motion.  The motion passed unanimously (Commissioners Gonzalez and Morris were absent).

 

 

  • Item #7:  CUP04-427 – Consideration and action to approve the Surprise Pavilions Master Sign Program.

 

Planner Wilson recommended this item be continued to the April 19, 2005 Planning and Zoning Commission meeting, as the site plans needed revision.

 

Without further discussion Commissioner Nachtigall made a motion to continue CUP04-427 – Surprise Pavilions Master Sign Program, to the April 19, 2005 Planning and Zoning Commission meeting.  Commissioner Segarra seconded the motion.  The motion passed unanimously (Commissioners Gonzalez and Morris were absent).

 

 

  • Item #8:  CUP04-308 – Consideration and action to approve a Conditional Use Permit for a Nextel Communications Cell Tower Facility at Willow Canyon High School.

 

Planner Jochums gave a brief presentation on the proposal, stating that the staff recommended approval of the Conditional Use Permit for the Nextel Wireless Communications Facility.  He noted that the pole would also serve as a light pole for the adjacent ball fields.

 

Commissioner Nachtigall asked if the Planning and Zoning Division received any comments from Luke Air force Base.  Planner Jochums stated that although no comments were received, that Luke typically did not provide comment on applications such as this one.

 

Commissioner Hall asked about the size of the shelter.  Planner Jochums described it as a prefabricated unit that is 10-½ ft tall.  He noted that it measures 8 by 10.

 

Commissioner Segarra asked about the light array.

 

Danielle Webster, representing the application; stated that it is at 50’ above the ground.

 

Commissioner Segarra wanted to know who would be liable if the pole is damaged in a storm.

 

Mike Campbell, representing the application, explained that each carrier has significant liability insurance, and that the carrier would rectify issues.  He also described the structural integrity and strength of the pole, noting that he was aware of only one pole in the country that fell during an isolated weather event.

 

Chairman Senft opened the meeting to receive public comment.  Hearing no comments Chairman Senft closed the public hearing.

 

Vice-Chair Blair made a motion to approve CUP04-308, a Conditional Use Permit for a Nextel Wireless Communication Facility to be located at Willow Canyon High School, subject to stipulations 'a' through 'c'.  Commissioner Nachtigall seconded the motion.  The motion passed unanimously (Commissioners Gonzalez and Morris were absent).

 

 

  • Item #9:  CUP05-029 – Consideration and Action to approve Conditional Use Permit and Site Plan for a Safeway Fueling Facility.

 

Planner Atkins presented the staff report for the proposed facility located at Bell Road and Cotton Lane.  He stated that the master development plan for the site was approved in early 2001, and that the applicants understood that they would have to come back before the Commission for review of this project.  He also noted that design and color of the canopy matches that of the site.

 

Commissioner Nachtigall had questions abut the 13 X 36 kiosk and the masonry wall.

 

Planner Atkins stated that the wall, in conjunction with the landscaping proposed, is designed to screen the parking lot.

 

Commissioner Segarra had comments about the canopy and the design of the columns.  He opined that he would like to see some details on the columns.

 

Planner Atkins stated that he would prefer not to see the use of different materials and a different design on the canopy, as the design features shown on the plans match that approved for the main center.

 

Vice-Chair Blair, speaking on behalf of Commissioner Morris, stated that Planner Atkins had answered his questions.

 

Chairman Senft opened the meeting to receive public comment.  Hearing no comment, Chairman Senft closed the public hearing.

 

Without further comment from the commissioners, Commissioner Randy Nachtigall made a motion to approve CUP05-029, a Conditional Use Permit for a Safeway Fueling Facility, subject to stipulation 'a' through 'm'.  Vice-Chair Blair seconded the motion.  It was approved unanimously (Commissioners Gonzalez and Morris were absent).

 

 

  • Item #10:  CUP04-301 – Consideration and Action to approve a Conditional Use Permit for Jiffy Lube.

 

Planner Wilson presented the staff report to the Commission, stating that staff recommends approval of the Conditional Use Permit for a Jiffy Lube to be located at the Village at Bell and Reems, Lot 9, subject to stipulations 'a' through 'm'.  In her presentation, she noted that parking spaces would measure 9 x18, since the overall site development plans were approved prior to the new parking space dimension ordinance taking effect.  She also noted that the building style is “eclectic,” and 20% of the site is landscaped, which exceeds the code requirement of 15%.

 

Vice Chair Blair asked where the day care center and Sonic Drive-In were in relation to this site, and expressed concern over the extra traffic created by these projects.

 

Planner Wilson stated that there was good access throughout the entire site, and noted the configuration of the entranceway to the south of the project would provide for all turning movements.

 

Commissioner Hall had questions for applicant regarding the lobby.

 

Kale Smith, responded to questions concerning the lobby, the location of the air conditioning unit and how the work area would be cooled in summer.

 

Chairman Senft asked whether toe overhead bay doors would be open or closed during business hours.

 

Mr. Smith stated that the doors would be opened or closed depending on how busy their staff would be.

 

Chairman Senft opened the meeting to receive public comment.

 

Paula Forrester, 16333 W. Escondido Ct., Surprise, AZ; asked how customers would turn left out on Reems Road.

 

Planner Wilson stated that the entrance located immediately to south of this site would permit all traffic movement, as it is not too close to the intersection to create traffic movement concerns.

 

Carol White, 17128 N. Melissa, Surprise, AZ; asked where Brookside Road is in relation to this project.  She also expressed concern about the site being close to the daycare and school.  She also commented about the many auto repair shops already in the area and the potential for people to loiter after hours.

 

Planner Wilson responded to Ms. White’s question about Brookside Road.

 

Mr.Smith stated that the operation of the site is designed for light service vs. heavy type of auto repair.  He stated that there would be no overnight parking of cars and that loitering is not typically a concern with the operation of the business.  He noted that the architecture is 'four-sided’, as there is no 'back door' look, so there should not be a visual concern.  He stated that most of the traffic will come from Reems Road, and that it should not affect the operation of the day care center.

 

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

 

Commissioner Nachtigall made the motion to approve CUP04-301, a Conditional Use Permit for Jiffy Lube, subject to stipulations 'a' through 'm'.  Commissioner Hall seconded the motion.  The motion passed by a 3-2 vote with Commissioners Segarra, Nachtigall and Hall voting to approve, and Chairman Senft and Vice-Chair Blair voting to deny (Commissioners Gonzalez and Morris were absent).

 

 

  • Item #11: CUP04-426 – Consideration and Action to approve a Conditional Use Permit for Surprise Village Comprehensive Master Sign Plan.

 

Planner Wilson presented the request for the Master Sign Program for the site stating that staff recommended approval of the Conditional Use Permit for Surprise Village comprehensive Master Sign Plan subject to stipulations 'a' through 'h'.  She noted that the tenants would be free to choose their own colors for their sign.

 

Commissioner Blair expressed concern about tenants choosing their own colors.  Planner Wilson explained that staff was not willing to stipulate to specific color schemes on signage as there is a good amount of case law regarding tenants not being able to choose their own color.  A franchise or chain would want to use its own colors.

 

Commissioner Hall expressed concerned about the amount of signs on Bell Road and stated that this site, compared to others, has more signage.  He noted that the center immediately east of this site is much larger, but only has 2 small signs along Bell Road.  He also asked why there were 2 signs along Litchfield Road.

 

Planner Wilson noted that this project site would have more tenants than the center across Litchfield Road.  She also stated that the anchor tenant would occupy a large building located at the corner pad site, which is an unusual design, and is atypical from most centers where the large anchor tenant is located towards the rear of the site.  The large tenant on the corner will block the view of the smaller tenants locating towards the rear of the site.

 

Commissioner Hall opined that 5 signs would impact the pleasant image of the street, and stated that a maximum of 2 signs should be sufficient.  He opined that eastbound traffic on Bell Road won’t see the signs, nor would eastbound traffic be looking for the signs.

 

Charlie Gibson, representing Surprise Village, explained that even with the number of signs proposed, some tenants would not have representation on the signs.  He noted that there are about 40 tenants and only 30 signs.  In order to be a viable center, adequate signage is necessary to identify the businesses locating there.  He noted that he would like to allow small businesses to flourish.

 

Chairman Senft asked if there was any duplication of signage.  Mr. Gibson stated that there is only one sign per business, and no tenant would be permitted to have more than one sign.  He concurred with Planner Wilson’s statement that the large tenant on the corner pad will obscure the smaller pad sites.  Since some tenant sites are very difficult to see, they should have signs identifying their location.  He added that the intent of proposing the signs in the manner they did is to ensure the viability of the center.

 

Chairman Senft opined that small business need representation since they are competing against big businesses.

 

Chairman Senft opened the meeting to receive public comment.  Hearing no comment, Chairman Senft closed the public hearing.

 

Commissioner Segarra asked about the possibility of moving sign 'A2' closer to Litchfield Road.  Mr. Gibson stated that the corner site would have visibility-blocking and landscaping issues for the sign to be moved any closer to the corner.

 

Hearing no further comments, Vice-Chair Blair made a motion to approve CUP04-426, a Conditional Use Permit for the Surprise Village Comprehensive Master Sign Plan, subject to stipulations 'a' through 'h'.  Commissioner Nachtigall seconded the motion.  The motion passed by a 4-1 vote, with Chairman Senft, Vice-Chair Blair and Commissioners Segarra and Nachtigall voting to approve, and Commissioner Hall voting to deny (Commissioners Gonzalez and Morris were absent).

 

 

  • Item #12:  CUP05-004, – Consideration and Action to approve a Conditional Use Permit for the Desert Oasis Comprehensive Master Sign Plan.

 

Planner Wilson presented the staff report and stated that the staff is recommending approval of Conditional Use Permit for the Desert Oasis Comprehensive Master Sign Plan subject to stipulations 'a' through 'i'.  The plan includes permanent signage for the development and temporary signage for the builders.

 

Commissioner Segarra commented that these were attractive signs and asked was the distance was between the rock base and the bottom of the sign.  Planner Wilson stated that it was 3 feet.

 

Commissioner Nachtigall asked whether the material of signs shown on page 9 of the Master Sign Program exhibits was cultured stone.  He wanted to know if the materials used on this sign would match the materials used on all the other signs.

 

Debbie Lisco, representing Desert Oasis, confirmed that it was cultured stone.  In response to a question from the commission, she stated that the sign in question measures 15’ 6” in length.

 

Chairman Senft opened the meeting to receive public comment.  Hearing no comment, Chairman Senft closed the public hearing.

 

Vice-Chair Blair made a motion to approve CUP05-004, a Conditional Use Permit for the Desert Oasis Comprehensive Master Sign Program, subject to stipulations 'a' through 'i'.  Commissioner Segarra seconded the motion.  The motion passed unanimously (Commissioners Gonzalez and Morris were absent).

 

 

                                              CURRENT EVENTS REPORT:                                            

 

Development Services Manager Finch briefly discussed the possibility of creating a consent agenda for the Commission to approve more routine matters with one action.  She also noted that the terms of Chairman Senft, and Commissioners Morris and Gonzales would expire at the end of this year.  She also distributed the updated commercial project list.

 

Planning and Zoning Manager Millspaw briefly discussed a report on electromagnetic radiation and high voltage power line radiation he distributed to the commissioners at the beginning of the meeting.  He noted that the report states that there is no threat of harm to individuals from electromagnetic radiation emanating from high voltage power lines.  He noted that this information had been requested by the commission at a previous meeting.

 

 

                                                    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 Ct., Surprise, AZ; had questions about the proposed Milgard Window plant proposed to be located on Dysart Road.  She expressed concern about pollution from the factory and if the company would be required to have some sort of environmental review prior to operating.

 

 

                  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.

 

 

ADJOURNMENT:

 

Hearing no further business, Chairman Ken Senft adjourned the regular Planning and Zoning Commission meeting of Tuesday, April 5, 2005 at 8:24pm.

 

 

 

______________________________

Philip A. Testa, Director

Community Development Department

 

 

 

_________________________________

Chairman Ken Senft

Planning and Zoning Commission