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PLANNING AND ZONING COMMISSION

12425 W. BELL ROAD, SUITE D-100

SURPRISE, AZ 85374

May 3, 2005

 

REGULAR MEETING MINUTES

 

 

Call to Order:

 

Chairman Ken Senft called the Regular Planning and Zoning Commission Meeting to order at 6:00 p.m. at the Surprise City Hall12425 West Bell Road, Suite D-100, Surprise, Arizona 85374, on Tuesday, May 3, 2005.

 

Roll Call:

 

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

 

Staff Present:

 

Deputy City Attorney Carla Bastian; Community Development Director LaTonya Finch; Planning and Zoning Manager Robert Millspaw; City Planner Stephanie Wilson; and Planning and Zoning Division Secretary Carol Dager.

 

Council Members Present:

 

There were no council members present.

 

Pledge of Allegiance:

 

Approval of Minutes:

 

The minutes of the April 19, 2005 Planning and Zoning Commission workshop and the April 19, 2005 Planning and Zoning Commission meeting were approved as submitted. 

 

Presentations:

 

There were no presentations.

 

OLD BUSINESS

 

  • Item #0: RZ04-331 – Consideration and Action – Rezoning Petition – Habitat for Humanity.

 

Planner Wilson presented the project to the Commission, noting that this application is a request for the rezoning of the Habitat for Humanity property along Market Street.  This item was continued from the last meeting agenda to arrange for a joint workshop meeting with the Commission and the Council.  This workshop has not occurred because of the various participants’ schedules; however, a workshop has tentatively been set for June 9, 2005.  She suggested that this item be tabled for a later date.

 

Director Finch asked that the item not be tabled and move it to the second Commission meeting in June.  She indicated that she has visited with the Mayor and they are aggressively working to schedule a workshop for the next Planning and Zoning Commission meeting date.

 

Without further discussion, Commissioner Morris made a motion to continue RZ04-331 Rezoning Petition for the Habitat for Humanity to the second regular June Planning and Zoning Commission meeting scheduled for June 21, 2005.  Vice Chairman Blair seconded the motion.  The motion passed unanimously. 

 

  • Item #1: ZTA05-104 – Consideration and Action – Zoning Text Amendment – Update of temporary use and proposed temporary use permit ordinance.

 

Director Finch requested that this item be discussed as the last item of the meeting.  Chairman Senft agreed.

 

 

                                                              NEW BUSINESS:                                                            

 

  • Item #2:  CUPA05-074 – Consideration and Action – Surprise Crossing Master Sign Program Major Amendment.

 

Planner Wilson presented the project to the Commission, explaining that this application is a request for an approval of an amendment for the Surprise Crossing Master Sign Program.  The purpose of this request is to specifically address the alignment of the signs.  She indicated that the proposed monument is 17 feet, which would take it across the width of the drainage channel.  Along with the monument, signage for the pharmacy will be added.  Staff recommended approval of the Surprise Crossing Master Sign Program Major Amendment, CUPA05-074, subject to stipulations ‘a’ through ‘f’. 

 

Vice Chairman Blair questioned the accuracy of the placement of the sign.  Planner Wilson replied that some of the locations are exact; however, most of them are conceptual. 

 

Commissioner Hall noted that the plan shows the fuel center sign; however, it does not indicate the location of the pharmacy.  Planner Wilson stated that this is a very unique store with the pharmacy drive-thru in the front of the facility.  Commissioner Hall questioned the size of the signage increasing from 76 square feet to 105 square feet.  Planner Wilson replied that the actual footage of the sign has not changed; the wall where the sign will be mounted has been altered. 

 

Chairman Senft voiced his concern about a drive-thru located at the front of the building because of the risk to pedestrian traffic.  He wondered if there was another alternative at the site for a drive-thru at the side of the property.   The applicant, Patrick Sherry, indicated that the site plan has been approved and it includes additional signage addressing the pedestrian issue, with a “watch for pedestrians” sign.   It was determined that although the Commissioner’s packets did not indicate information regarding the placement of all the signs, there is a sign package that does include that information.

 

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

 

Commissioner Morris made a motion to approve CUPA05-074, Surprise Crossing Master Sign Program Major Amendment, stipulations ‘a’ through ‘f’.  Commissioner Nachtigall seconded the motion.  The motion passed unanimously. 

 

  • Item #3:  SP05-077 – Consideration and Action – Site Plan Review for Checker Auto at Bell West Ranch Shops

 

Planner Wilson presented the project to the Commission.  She noted that this application is a request for approval of a site plan for Checker Auto to be located at the Shops at Bell West Ranch.  This site is approximately one acre of an overall five-acre commercial site.  The proposed application includes one 7,000-square-foot building, which will be used for retail sales of automotive parts.  She noted that the site access is along Bell Road, as well as Eastham Parkway.  All parking stalls are 9’x18’.  The Building and Safety Department has asked that one stipulation be added (stipulation ‘k’) to include at least one handicap parking space that is van sized (8’x8’ or 11’x5’). 

 

Planner Wilson next explained that the architecture is a Santa Barbara theme consistent with the remainder of the site and the proposed landscaping is appropriate for the commercial property.  Staff recommends the approval of SP05-077, Site Plan Review for Checker Auto at Bell West Ranch Shops, subject to stipulations ‘a’ through ‘k’. 

 

Referring to the staff report, Vice Chairman Blair asked for an explanation of Item 9 on Page 3.  Planner Wilson indicated that negotiations are still in process with Albertson’s regarding the crossing access.

 

In response to Commissioner Nachtigall, Planner Wilson replied that there is a two-foot overhang on the 9’x16’ stalls. 

 

In response to Commissioner Hall, the applicant Edward Sawyer, indicated that the aluminum on the windows is anodized. 

 

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

 

Without further discussion, Vice Chairman Blair made a motion to approve SP05-077, Site Plan Review for Checker Auto at Bell West Ranch Shops, subject to stipulations ‘a’ through ‘k’.  Commissioner Nachtigall seconded the motion.  The motion passed unanimously. 

 

  • Item #1: ZTA05-104 – Consideration and Action – Zoning Text Amendment – Update of Temporary Use and Proposed Temporary Use Permit Ordinance.

 

Director Finch presented the project to the Commission, noting that the purpose of this code is to update the temporary use permit (TUP) ordinance.  She pointed out that the current code does not address certain items, noting that the language is vague and nonspecific making it difficult to enforce.  Staff has developed a new remedy, clarifying the language, defining similarities in terminologies, addressing specific performance standards, and providing pertinent administrative procedures.  Much research went into developing this new code, surveying Arizona jurisdictions and other cities throughout the country, as well as using focus groups to ensure all needs and requirements were met.  She noted that all of Commissioner Segarra’s recommendations have been incorporated into the code, which will allow block parties.  She explained that there were several questions regarding fees; however, she is unable to address the fire code fees as they are addressed in the fire code.

 

Director Finch referred to a handout that includes a cost analysis regarding the temporary use permit for various vendors showing the typical fees that would be assessed by the Planning and Zoning Division. 

 

In response to Commissioner Hall’s question regarding a food vendor not selling food, Director Finch replied that there are vendors who provide samples to the public.  However, a vendor who is preparing food would be required to have a TUP.

 

Commissioner Hall wondered about the kids holding a car wash on Bell Road.  Director Finch indicated that the kids did not have a temporary use permit; however, she noted that the Planning and Zoning Division would not have issued a TUP unless the event impacts the traffic flow. 

 

In response to Commissioner Nachtigall’s question regarding a TUP for a church, Director Finch explained that many TUPs are issued for church functions where the general public is invited to the event.

 

Commissioner Nachtigall commented that most churches are open to the public.  Director Finch noted that if only the regular congregation is attending a church event, they may not need a TUP.  However, if a sign is posted or an advertisement has been placed inviting the general public to the event, a TUP may be required.  To clarify, Director Finch stated that the church would not be required to have a TUP for a potluck dinner. 

 

Commissioner Hall asked about the Sun City Grand annual garage sale where the Dillons Restaurant is serving food at the event.  Director Finch replied that Dillons would probably be required to have a TUP because they would be considered a vendor selling food to the public at an offsite location.   

 

Chairman Senft added that many of the small events would not require a TUP.

 

Director Finch commented that the Planning and Zoning Division is charged with insuring the codes are reasonable, which is the basis for the request to change this particular one as the existing code is not reasonable. 

 

In response to Chairman Senft, Director Finch replied that the 60-day signage requirement no longer applies; it could be a smaller timeframe.

 

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

 

Without further discussion, Vice Chairman Blair made a motion to approve ZTA05-104, Zoning Text Amendment, Update of Temporary Use and Proposed Temporary Use Permit Ordinance.   Commissioner Hall seconded the motion.  The motion passed unanimously. 

 

Chairman Senft called to the public to discuss any issues that are not on the agenda.  There was no one in the audience that approached the Commission with any issue for discussion.

 

Chairman Senft asked if there were any special items the Commissioners would like to discuss.

 

Commissioner Morris mentioned that he has had several inquiries about the weekend car sales occurring on Bell Road and he wondered where to direct these types of comments.  Director Finch replied that this concern has also been brought to the attention of the Planning and Zoning Division; however, this type of issue should be handled by the Code Enforcement Department.  She also pointed out that the police may ticket these individuals. 

 

In response to Commissioner Morris, Director Finch explained that the Code Enforcement Department is also responsible for complaints regarding weed control.  Commissioner Morris noted an area at Union Hills and 115th Avenue, which has an overgrowth of weeds.  Director Finch agreed that weeds are an ongoing issue that requires attention. 

 

Chairman Senft next talked about the trains traveling on Grand Avenue.  He stated that he believes the trains are not to be traveling over 25 miles an hour through city limits; however, the trains are traveling much faster down Grand Avenue, perhaps 40 to 50 miles an hour.  He mentioned that he also had an inquiry about restrictions on the length of a train.  He suggested that someone should check with the railroad company to discuss these concerns and specifically request that the trains slow their speed through the city limits, especially through the intersections. 

 

Vice Chairman Blair commented that meeting notices are still posted on signs throughout the city from last year.  Director Finch replied that she would ensure that the public meeting notices were removed from the various sites.

 

Planning and Zoning Division Manager Millspaw introduced the new Commission secretary, Carol Dager, providing a brief background of her qualifications. 

 

Director Finch distributed a list of the updated commercial projects.  She announced that the Mayor is having an appreciation meeting for board and commission members on June 2, 2005 from 3:00 to 5:00 p.m. at the Library.  There will also be an awards presentation. 

 

Director Finch stated that the Habitat for Humanity workshop was tentatively scheduled for June 9, 2005; however, the workshop has been rescheduled for May 17, 2005. 

 

Director Finch noted that several commissioner appointments will expire on July 1, 2005:  Chairman Senft, Commissioner Gonzalez and Commissioner Morris.  She encouraged each of the members to reapply for their appointment. 

 

Director Finch also announced that a special presentation will be held by Westcor on May 13, 2005 from 11:30 a.m. to 1:00 p.m. regarding their vision for the new regional mall.  Westcor also will be unveiling the project name at the presentation. 

 

Chairman Senft congratulated Director Finch on her promotion. 

 

Director Finch reminded everyone that the Commission will be meeting at the Library from June through October while the Chambers are remodeled.  She suggested that perhaps there should be a rehearsal for everyone to get comfortable with the new surroundings.

 

             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, May 3, 2005 at 6:52 p.m.

 

 

 

__________________________

LaTonya Finch, Director

Community Development Department

 

 

 

_____________________________

P&Z Commission Chairman Ken Senft