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12425 W. BELL ROAD, SUITE D-100







December 7, 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, December 7, 2004.


Roll Call:

Also in attendance with Chairman Senft were: Commissioner Dan Morris, Commissioner Skip Hall, and Commissioner Antonio Segarra.


Staff Present:

City Attorney, Jeff Blilie; Acting Community and Economic Development Director, LaTonya Finch; Planner Andy Jochums; Planner James Atkins; and Planning Department Secretary Linda Bernsdorff.


Council Members Present:


There were no council members present.





                                                                  OLD BUSINESS:                                                        


There was no old business to discuss.



                                                                 NEW BUSINESS:                                                        


·         Item SP04 – 212:  Site Plan for MCS Auto Repair & Accessories.


Planner Jim Atkins presented the staff report.


Commissioner Morris noted that the colored elevation wasn’t in the commissioner’s packets and asked which elevation is located on Grand Avenue.  Planner Atkins passed around a sample of the color palette to the Commission.  There were additional clarifications regarding the building colors and elevations.


Chairman Senft noted that parking requirements have recently been revised and wondered if there is any way to widen them to the a 10-foot wide requirement.  The parking stalls illustrated are currently nine feet wide but there are seven more parking stalls than required.  He said he knew there could not be additional length but asked if the stalls could be widened to 10 feet even though the depth cannot be changed.  Planner Atkins deferred this question to the applicant.


Mike Gobe, 56731 S. Mesquite Way, Chandler, AZ; identified himself as the applicant.  He said he was unable to answer this question tonight but he will present the question to the project applicants and will try to comply.


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


Commissioner Morris made a motion to approve item SP04-212, MCS Auto Repair & Accessories, with stipulations a through o.  The motion was seconded by Commissioner Segarra.  The motion was approved with 4 yes votes. (Commissioners Blair, Nachtigall and Gonzales were absent.



·         ITEMS 2, 3, 4 (Heard simultaneously); SP04-243 Brookside Village Master Site Plan, CUP04-244 Desert Motor Sports at Brookside Village, AND CUP04-245 Econo Lube n’ Tune at Brookside Village.


Planner Andy Jochums requested that ITEMS 2,3,4 be considered simultaneously.  Item 2 is a master site plan and items 3 and 4 are two particular conditional uses associated with that master site plan.  Planner Jochums presented all three staff reports, stating that staff recommended approval of each item, subject to certain stipulations associated with each item.


Jesse Macias, RHL Design, 6991 E. Camelback Road, Scottsdale, AZ; identified himself as representing the applicant.  He made a brief presentation to the Commission.  Mr. Macias commented that the City has allowed his applicants to bring a first class design forward for public review.  It is the desire of his client to meet the City’s terms.  Mr. Macias showed Commission an enlargement of drawing of elevation of the shopping center (Brookside).  Each element is set in the same architecture style.  They plan to have a restaurant with a sit down covered patio.  They have given the Lube N Tune the same façade as the rest of the complex.


Chairman Senft thanked the applicant for his presentation and opened the meeting for questions from the Commission.


Commissioner Morris opined that the project is visually exhilarating.  He further noted that the use of materials is exceptionally well done.


Commissioner Hall commented that the project was very nicely done and asked whether the delivery truck radius works on Lot 1.


Mr. Macias replied that there is only one driveway off of Brookside.  He noted that one concern was meeting the fire radius and that driveway has a 55-foot radius.  The project does not have a dock, therefore, this radius is designed for a smaller delivery truck for the restaurant.  The truck will come in off of Bell Road, go straight up (east).  There is a larger radius off of Brookside, so the fire radius has been met.


Commission Hall asked about the motorcycle dealership hours of operation.


Mr. Macias replied that hours of operation would be weekdays, 8:00 a.m. to 6:00 p.m., Saturdays, 8:30 a.m. to 6:00 p.m. and Sundays to 5:00 p.m.  He also stated there will be no testing of vehicles outside the building.  Everything will be done inside of the building.


Commissioner Hall asked why the refuse collectors are located so far away from the buildings.  He would like the containers to be located on the north side of the building if possible to reduce the potential for spreading trash because of the restaurants taking trash across the parking lot.  Mr. Macias was asked to work on relocation of trash containers with Planner Jochums to try to improve the dumpster location and site configuration.  One issue is that the refuse trucks can only drive in so far and then must back out.


Regarding the location of the refuse containers,Commissioner Segarra opined that he would rather inconvenience the driver, than inconvenience the residents on the other side of the wall.


Commissioner Hall also asked about the Econo Lube hours of operation.  Mr. Macias responded that they are open until 6:30 p.m. in the winter and 7:30 p.m. in the summertime.  Commissioner Hall also asked about the quality of the noise dampening compressor to be used at the Econo Lube, and wondered if it had ever been used before.


Victor Olson, Phoenix Design, 10245 Via Linda, Scottsdale, AZ; stated that the air compressor is actually located inside the inside corner of the building.  He didn’t know if it actually had a damper on it but the location within the structure minimizes the noise.  It is a small compressor used for air-operated tools within the facility.  There are very few air driven tools used in this facility and it is a square box rather than a round tank.  It has a ¾ horsepower motor.  Acoustics are controlled by the structure itself.  Everything is located away from the residential direction.  The doors will be left open during the day.  The doors are oriented to the south and sound studies have indicated no noise beyond about 40 feet outside the doors above ambient noise.


Commissioner Segarra commented that he saw possibilities for additional walkways or the site.


Mr. Macias noted that there are sidewalks east to west, and the north to south pedestrian access provides a connection between Lot 1 and Lot 2.  It is all decorative paving.  The intent is to build it to match what you have on the entrances and on all the pedestrian accesses.  Mr. Macias said they can accommodate additional decorative pave walkways by Lot 4 to connect to Lot 3.


Chairman Senft commented the architecture very nice; however, parking is at a premium and you have more than is required.  He noted the City has recently changed our requirements and would like to consider widening the parking stalls 10 feet rather than 9 feet.


Mr. Macias stated that the plan is currently for 10,000 square feet of restaurants; however, the site layout is for 16,000 square feet of restaurants in future.  He opined that wider spots could be accommodated but planning for the future does not allow for it.


Chairman Senft opened the meeting to the public.


Neal Donhue, 15419 W. Leo Lane, Surprise AZ; stated his property abuts against the Desert Motorsports site.  He is concerned that they maintain normal business hours, a low noise level, maintain building and prevent soil contamination by hazardous waste such as oil and gas, and use low sodium lights.  Also he would like to see plants and trees that are not pollen bearing used along the wall.  He also commented on the dumpster’s closeness to the residences at the other end of the property.


Mr. Macias responded that the light does not trespass at any residential property lines.  He noted that the lights are high pressure sodium versus low pressure sodium, which gives off a dingy look.  He opined that low pressure sodium lighting doesn’t work with this Brookside Village Center.


Planner Jochums noted that a photometric light study was submitted and the site has met the City’s criteria with 15-foot pole lighting.  The proposal complies with the current standards of the City, and noted that the height of the light poles were lower than those at Walgreens.  He opined that no light trespass should occur.


Michelle Penskty, 17101 North Elko Dr, Surprise, AZ; stated that she was concerned with Desert Motorsports test driving of vehicles along the Brookside Lane which has schools on it as well as the testing of the vehicles and the related noise.  She was also concerned with the refuse bins being located very close to the residential area and their attracting pests (insects, rodents, etc.).  She also expressed concern about the screening of the parking spots located against the property line and landscaping or trees that will take 7-8 years to screen the property.


Chairman Senft expressed concerns about Lot #1 being a restaurant, and the dumpster being too far away for employees to transport the waste to.  He opined that the container should definitely not be located on the property line with the neighbors.  He stated that he felt it should be stipulated that applicant must work with staff to move refuse container(s) closer to the restaurant.   He suggested that, although two or three parking spots would be lost in one area, they would be gained back in another area by moving the refuse container closer to the building since it’s a restaurant and away from the property line.


Chairman Senft requested the applicant for Desert Motorsports to come forward and asked him whether they would sell on road or off road motorcycles.


Harry Barcus, 5251 North 16th Street, Phoenix AZ; stated that the dealership will sell everything from on road bikes to off road vehicles, and watersport vehicles.  The store will also be doing maintenance.  They will have all lines of motorcycles except Harley Davidson.  There will be no test rides on the motorcycles prior to purchase.  The diagnostics will be done inside the shop on a dyno machine because of the huge liability to the owner to have the mechanic test riding the bikes.


Chairman Senft said they might want to stipulate that they put a dyno inside the facility and do their testing on it rather than outside on the street.


Ms. Penskty asked if they are doing their testing inside the building, how is the noise coming from the bays in the facility.


Mr. Bacus replied that there are 14 service bays inside the building.  All service work is done fully enclosed inside the building.  Performing service work same as the sales hours 8:00 a.m. to 6:00 p.m. although they probably will not be performing service work on Sundays.


Lynn Hartman, 17117 N. Melissa Lane, Surprise, AZ: stated that she lives about 1,000 feet from where they are building this project.  She expects the traffic to be dangerous.  People will be coming out after purchasing bikes and testing them on Brookside.  She moved to Surprise because it was going to be prime residential.  She feels that this is heavy duty commercial and can cause excessive noise as well as traffic causing the streets to be dangerous.  She would like to recommend they relocate north of Grand Avenue but away from residential areas.  The area is very quiet now and this will also create a lot of traffic.  Brookside gets a lot of traffic now with people cutting down from Reems Road.  If allowed, please be sure to increase restrictions, noise, light levels and lighting.  Office building should be all right.  This facility will be open until 8:00 p.m.  She asked the commission to please reconsider and move the use away from the residential area.  Many residents will be impacted by this piece of property being turned into a motor club.


Chairman Senft directed a question to the Desert Motorsports representative; are you associated with the Desert Motorsports place on Bell Road in Peoria, and if it is this the same company.  He responded affirmatively.  Chairman Senft continued by stating that this property is C-2 and that the commission is looking at conditionally allowing C-3 uses there.  They have a lot of vehicle storage at their facility on Bell Road because they have a lot of inventory.  It ends up out on sidewalks, right out on the road.  I don’t think it is going to enhance our City if we have those vehicles sitting out on the road or in front of the building.  I could see a select few vehicles being displayed out under the court but I couldn’t see a large number.


Planner Jochums noted that the City Council recently approved a text amendment to the Municipal Code that allows no outside display with exception of vehicles under the porch.  The applicant will comply with this requirement.  They will have not vehicles displayed on Bell Road and if they do, they will be in violation of the ordinance and Code Enforcement Office will go out and cite them for the violation.


Chairman Senft asked what the closest resident is to this proposed development.


City Attorney Blilie noted that Commission recommended and the City Council approved a text amendment allowing motorcycle sales and specifying the conditions under which they are allowed.  Unlike other Conditional Use Permits that have no conditions, this one does.  This one was well thought out and the conditions are elaborated and the applicants are meeting all the conditions recommended by this Commission and approved by the Council.


Chairman Senft commented that he just wanted to public to be aware of what these conditions are.  He wanted the residents to understand we have put restrictions on these uses and some of the concerns can be addressed through the restrictions placed on them.


City Attorney Blilie noted there was no separation requirement, but that different distances had been discussed.  The ultimate decision was that everything happens inside the building so there was no need for a separation requirement.


Mr. Barcus noted that there is 150 feet of separation, and that doors may not always be closed, since leaving doors open helps to circulate air since the bay areas are not cooled.


He also stated that the landscaping buffer will be approx 56 feet in width.  The preliminary plant mix will be 15 gallon or 24-inch box trees; however, when the final plans are approved they will be upsized to 48-inch and 36-inch box trees per the request made by Planner Jochums.


Commissioner Segarra commented that the facility on Bell near 59th Avenue tends to have a lot of outside storage.  He asked if Desert Motorsports would have this as well.


Mr. Mescia said the outside display area will be limited to the canopy area only, which again will be limited to motorcycles or small watercrafts.  He acknowledged there is no outside display and said they will comply with that.


Chairman Senft commented that he agreed on limited display and would not want to see it abused, only 1 or 2 of each type of vehicles nicely displayed.


Mr. Mescia commented that we want to come in here and be a good neighbor and we don’t want to have an adverse effect on the neighborhood.  This is not your typical repair facility, there’s not going to be any revving up.  There is a 50-foot landscape buffer.  We eliminated a parking area and increased the buffer. Trees will be upsized with double row of trees as well as a screen wall.


Commissioner Segarra asked if buyers would be riding the bikes off the lot when there is a motorcycle purchase.


Mr. Bacus replied that when the purchase is a street bike, and that it could be driven off the lot, but not if it is a dirt bike.


Commissioner Segarra asked what type of restaurant is proposed; a sit-down facility or a drive-thru.


Mr. Mescia replied that there are no proposed drive-thru facilities here, therefore, no quick-serve restaurants.  Their intention is a sit-down type restaurant, probably an Italian Restaurant.  There is another space on the lot for another sit‑down type of restaurant.


Commissioner Segarra asked why Lot #1 and Lot #2 couldn’t be reconfigured thereby ensuring that the refuse container would not face Bell Road.


Mr. Mescia responded that they have worked on that, there will be patio areas facing the street, and that they feel the architecture will draw the customer.


Neither Commissioner Hall or Morris had any further comments.


Chairman Senft commented that the architecture is great and that a lot of concerns from public have been addressed.


Arleen O’Keefe, 15435 W. Lea Lane, Surprise, AZ; stated that she lives in back of Lot #1, and was concerned that the dumpster not be located right outside her back wall.  Her second concern was about the amount of landscaping along the normal part of the wall.  It looks like it has that it drops from 56 feet to 25 feet where the dumpster would be.  She believed it was reduced to allow for more parking.


Planner Jochums responded that there is a 56-foot wide landscape buffer is behind Lots #3 and #4 for retention.  In the area of this resident’s property there is a 15-foot landscape buffer between the parking stalls and the lot line.


Chairman Senft commented there is a 6 foot wall and that 36 and 48 inch box trees would be back there.


Planner Jochums responded that according to the Municipal Code, there is a requirement for a 10-foot landscape buffer between a residential property and a commercial parking lot.  The Kingswood Park PAD zoning requires 25 feet to the building, and there will be approximately 45 feet to the actual building.  As far as the parking stalls, the only requirement is that they have to be a minimum of 10 feet off the property line.


Ms.O’Keefe said she understands progress is needed but really would not like to see a motorsport facility located so near the residential area.  She opined that restaurants and retail uses are okay, but not the motorsports business.


Mark Morrowitz noted that he lives on Lea Lane, directly behind where the Desert Motorsports project will be located.  He stated that he went down to the Desert Motorsports place on Bell Road and took some pictures, and hopes that this is not what it is going to look like.  The place behind them is like a junkyard, it is loaded with motorcycles.  The front is loaded with motorcycles, watercraft, the whole nine yards.  While I was there I observed them tuning up motorcycles, driving them through the neighborhood, riding them on the lots.  We have a quiet neighborhood with two schools one of which is a grade school.  He was very disturbed about the facility being built and felt the people already living behind and near it are going to be severely impacted by the noise and owners testing them on Brookside when they pick their bikes up after having them worked on.


Chairman Senft responded that the commission will place a stipulation on the application that their dyno machine will be inside and that it will be used to test the motorcycles and that should eliminate the mechanics taking them out on the street.   The City will require them to do their testing inside the building.


Chairman Senft closed the public portion of the hearing since there was no one else wishing to speak.


Commisioner Hall wondered if there was any kind of language that could be used to stipulate that there isn’t any kind of testing.


Chairman Senft noted that they had already stipulated a dyno must be used inside the facility for testing but that there was nothing could be done to control what the public would do after they leave the facility.  So obviously there will be an increase in motorcycle traffic in the area since it is a motorcycle shop and repair facility.  That cannot be avoided.  The shop does not have control over what the customer will do.

Commissioner Hall wondered what will happen if the employees were to begin testing the motorcycles on Brookside a year or so from now.  He inquired if their Conditional Use Permit could be revoked if other than dyno testing is done.


Chairman Senft replied that yes, if they do not comply with the stipulations set out, the Conditional Use Permit could be revoked.


Commissioner Hall noted that Desert Motorsports was not in attendance tonight, and opined that they need to know that if this is approved, they will be watched very carefully both by the City and by the residents living behind the facility.


Chairman Senft stated that he feels the city has been consistent in protecting the residents.  The City has to consider whether or not this is an appropriate use for this area considering the safety concerns.


City Attorney Blilie noted that Conditional Use Permits are not discretionary acts.  They cannot be approved under what the commission thinks is appropriate.  In the existing City code, staff doesn’t have a lot of parameters under which to evaluate those discretions.  This is not one of those cases, as this Conditional Use Permit has specific parameters under which it gets approved.  There are specific boxes if all of the appropriate boxes have been checked off then it will be approved.  We cannot evaluate safety under these parameters safety concerns are not in there.  This is a Conditional Use Permit.  What’s in there is it says “minor repairs” and everything must be done inside an enclosed building, that means the doors must always be down, they can’t be up.  If they have to open the doors for circulation, I don’t know what they will have to do.  When it says enclosed building, then that means enclosed building.


Chairman Senft asked if it were possible for the applicant to vent through the roof for air circulation.


City Attorney Blilie said he thought the point is that when the Commission approved this use, it was for the sale of motorcycles and the minor repairs incidental to those sales.  It is not supposed to be a major repair center that happens to sell motorcycles on the side.  So he didn’t think venting the building should be of concern, the major use should be selling motorcycles.


Chairman Senft asked where will the major repairs will be done.  Knowing the industry, if the engine blows, they will pull it out and rebuild it there.  Then they will only be doing tune-ups, oil changes, and routine maintenance.  But no major engine repairs, they will be sent out.  No frame re-alignments.


City Attorney Blilie responded that these are things that are permitted by code.  If they are doing any else, they will be in violation of the code.


Chairman Senft asked if the issue of venting the repair bays rather than leaving the doors open could be addressed.


Mr. Barcus replied that there will be roof venting but the doors will have to be opened to let vehicles in and out.


City Attorney Blilie reasserted that the doors must be kept closed except to let vehicles in and out.


Chairman Senft requested that it be stipulated they have to put roof vents in to accommodate air circulation so they can leave the doors closed for the most part.


Mr. Barcus stated that he owner of Desert Motorsports was not in attendance.  However, he has kept the owner apprised of all reports and conditions.


Councilman Segarra suggested that the owner have a meeting with residents about their concerns the facilities.  He asked about the doors, how many are there and how large they were.


Mr. Barcus replied that there is one door to the parts area and one to the services area, each 8 to 10 feet high.  This facility will be different than the other one on Bell Road because the City of Surprise has held them to a higher standard.


City Attorney Blilie stated that there are two additional stipulations for the motorcycle shop:  (n) All testing of motorcycles shall be performed inside the building, (o) the applicant shall install roof vents to circulate the air and repairs and testing shall be done inside the building with the bay doors closed.


Two additional stipulations to the Master Site Plan are (o) applicant shall include an additional pedestrian access point from sidewalk to Lot 3 at the entrance off Bell Road and stipulation (p) the applicant shall relocate the refuse container for Lot #1 internal to the site away from the property line.


Planner Jochums added an additional stipulation (Stipulation q) to the Master Site Plan requiring the applicant to provide heavy landscaping consisting of 36-inch and 48-inch box trees along the residential property line.


These stipulations were acceptable to the applicant.


Chairman Senft suggested that since Lot #3 is the Desert Motorsports lot, to discourage motorcycle traffic through Bookside, could the City require a right turn only on Brookside for the egress traffic, so they would not go up Brookside through the development.


After some discussion, it was decided that it would not work, since it would mean the residents exiting the complex would also have to go that way.


Chairman Senft stated that each item should have a separate motion.


·         Item #2:  SP04-243 – Brookside Village Master Site Plan; Commission Morris made a motion to approve SP04-243 as presented, with additional Stipulations o through q.  The motion was seconded by Commissioner Segarra.  All four commissioners present voted to approve the motion with stipulations a through q.


·         Item #3:  CUP04-244 – Desert Motor Sports at Brookside Village; Commissioner Segarra made a motion to approve CUP04-244 as presented, with additional stipulations n and o.  The motion was seconded by Commissioner Hall.  All four commissioners present voted to approve the motion with additional stipulations n and o.


·         Item #4:  CUP04-245 – Econo Lube n’ Tune at Brookside Village; Commissioner Morris made a motion to approve CUP04-245 as presented, subject to stipulations a through m.  The motion was seconded by Commissioner Segarra. All four commissioners present voted to approve the motion with stipulations a through m.


It was noted that if there are any code violations, residents should contact Code Enforcement and for problems with motor vehicle violations, the Surprise Police Department should be contacted.



·         ITEM #5:  PP04 – 235, Preliminary Plat of Sycamore Farms Parcel 13.


Planner Jochums presented the staff report.  Staff recommended approval with stipulations a through h.


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


A motion was made by Commissioner Segarra to approve PP04-235, Preliminary Plat of Sycamore Farms Parcel 13 Preliminary Plat, with stipulations a through h.  The motion was seconded by Commissioner Morris.  All four commissioners present voted to approve the motion with stipulations a through h.



·         ITEM #6:  ZTA 04 – 366, Zoning Text Amendment for Street Cross-section.


Staff recommended continuance of this item until December 21, 2004.  Commissioner Morris made a motion to continue ZTA04 – 366, Zoning Text Amendment for Street Cross-sections, to the December 21, 2004 Regular Planning & Zoning Commission meeting.  The motion was seconded by Commissioner Segarra.  The motion was approved by all four commissioners present.



·         ITEM #7:  PADA 04 – 201, Rio Rancho Estates PAD Amendment.


Planner Jochums presented the staff report.  Staff found that the Commission should recommend approval subject to stipulations a through l, with the removal of stipulation g, which specifies annexation, since the property is already within the boundaries of the City of Surprise.


Commissioner Segarra asked about the 7.2 dwellings per acre medium density figure.


Planner Jochums noted that medium density is 7.2 dwelling per acre, and that for this project, with landscape and open space added in, it calculates out at 5.4 dwellings units per acre.  Thus it is in compliance with the General Plan requirement of 5 to 8 dwelling units per acre.


Paul Gilbert, 4800 N. Scottsdale Road, Scottsdale, AZ; stated that they are basically taking the same piece of property and adding 39 or 40 acres to it, and by doing so, are reducing the overall density.  He explained that they are adding 39 acres to the project but are adding only 20 more units.  Staff has indicated they are in support.  He noted that they are in agreement with all of the staff stipulations, and that they have a letter of approval from Luke, and that they are in compliance with the City’s residential guidelines.


Commissioner Morris read a letter from Mark A. Homes regarding the project, asking if the project was located within a flood plain area, since there was no indication of where the flood area is located in the packet.


Planner Jochums responded that the flood plain runs along the entire west side of the property.  The applicant has been working with the City Engineer to provide a diversion basin and retention basin along the west side of the property in order to divert that sheet flow down to the south and back into the flood plain.


Commissioner Morris referred to the M-E wash.


Planner Jochums presented an overhead and illustrated where the flood will be moved so that the project will be in compliance.  Again it was noted that the applicant has been working closely with the City Engineer.  Stipulation I requires that the drainage report for the project shall be reviewed and approved prior to the preliminary plat.


Commissioner Hall asked that because he wasn’t here in 2001, if someone would explain the issues regarding the temporary sewer plant to him.


Mr. Gilbert replied that they are working with City and moving closer to the revised location of the sewer project to the south where the City wants it.


City Attorney Blilie stated that the amendment incorporating the additional 40 acres cannot be attached to the temporary sewer.  The staff is working with the developers to sewer the entire development to the City’s permanent facility.


Mr. Gilbert said that they have a contractual right, but are trying to work with the City to comply with the area further south.


Commissioner Segarras’ concerns were presented by Chairman Senft.  He outlined concerns with drainage along the west Perryville alignment, as descried on page 7 of the report.  This issue is again addressed on page 33.  His concern is that the flow is being directed towards other private property.


Mr. Gilbert said that they are taking away the flow from some of the other private property and putting it in central location.  So they are actually helping the adjacent private property.


Planner Jochums suggested that Commissioner Segarra speak with Brian Pirooz from the Engineering Department.


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


Commissioner Segarra asked what the plans for where the arrows are shown on the site plans.


Planner Jochums responded that there is no conceptual plan at this time for how that commercial site will be laid out.  So what the applicant is essentially showing is the access point off of Grand Avenue and the access point off of 183rd Avenue.  He noted that when a master site plan is presented, there will be something to review then.


Mr. Gilbert noted that although it is part of their PAD but they don’t own the commercial.  The property owner is aware of the need for additional access points.  The City’s Traffic Engineer, the City Engineer and the Transportation planner all agreed with that comment.


City Attorney Blilie added a stipulation g to clear up the sewer issue and noted that comments on pages 5 and 6 shall be corrected to show that only the original parcel can be connected to the temporary sewer facility; the additional 39 acres must be connected to the permanent sewer facility.


Hearing no further discussion, Commissioner Segarra made a motion to approve PAD04-201, Rio Rancho Estates PAD Amendment, subject to stipulations a through l, with the exception of Stipulation 'g'.  The motion was seconded by Commissioner Hall and approved by all four commission members present.


                                                           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, the 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.


There were no public comments.



                                                        CURRENT EVENTS REPORT:                                               


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


Ms Finch reported that a new Planning Manager, Robert Millspaw, was hired and will begin work on Monday, December 13th, and should be in attendance at the next commission meeting.  She also noted that a new Economic Development Director had been selected and although it will not directly affect the commission, his work will impact the City of Surprise.  He will start on December 30th.


Ms Finch then provided project development updates:  7,000 single family residence permits have been issued by today and they anticipate issuing 7,500 before year end, making the City of Surprise second only to City of Phoenix in the valley in the number of single family permits issued.


She stated that the City now has an estimated population of 81,000 citizens, and anticipates 96,599 residents at the end of 2005.


She then gave an update on the Wal-Mart project.  She noted that the City has conducted a pre-application meeting at the beginning of last month where they presented a new site plan for a Super Wal-Mart and Sam’s Club, and stated that it will require a rezoning.  Although they are receiving lots of calls from the public about the project, an official application has not been submitted.


Chairman Senft asked if staff knows when they will submit and application.  Ms. Finch replied that she didn’t know when an application will be forthcoming.


Commissioner Segarra asked if there are any more restaurant projects in the works


Ms. Finch responded that there are several restaurant projects in the works but no new ones that the commission is not aware of already.  She noted that the El Paso Barbeque has started work on their infrastructure.


                          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, December 7, 2004 at 8:16pm.




LaTonya Finch, Acting Director

Community Development Department





P&Z Commission Chairman Ken Senft