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Regular Planning and Zoning Commission Meeting Minutes  - July 20, 2004


Call to Order:


Roll Call:


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, July 20, 2004.  Also in attendance with Chairman Senft were: Vice Chairman Jan Blair and Commissioners Bob Gonzalez, Skip Hall, Dan Morris, Randy Nachtigall, and Tony Segarra.  None absent.


Staff Present:  


Mayor Joan Shafer; City Attorney, Jeff Blilie; Acting Planning Manager, LaTonya Finch; Planner, Jim Atkins; Planner Andy Jochums; Planner, Stephanie Wilson; Transportation Planner Randy Overmyer; and City Engineer, Dr. Maki.


Pledge of Allegiance


Approval of the Planning & Zoning Commission Workshop minutes and the Planning & Zoning Commission Regular Meeting minutes of July 6, 2004.


Motion made and carried to approve the July 6, 2004, workshop meeting minutes and the regular meeting minutes from July 6, 2004.  








ITEM #1            SP04-100 – Consideration and Action – Site Plan – SURPRISE

                        PROFESSIONAL PARK – Approximately 9 acres located West of

                        Eastham Parkway and North of Bell Road


Planner Wilson gave the staff presentation and concluded by indicating that the recommendation of staff was to approve.


Commissioner Hall:   Where are the elevations on the car wash?

Planner Wilson indicated that those will be part of a separate application.


Commissioner Segarra:  How wide are the stalls?

Planner Wilson indicated that they meet the code, which is 9 ft. wide.


Vice Chairman Blair:  Issues with not using angled parking and reiterated on.  Does not like that the buildings are all the same color and style.


Commissioner Morris:  Concurred with repetition of building elevations comment.  Architecture looks good, but repetition is a problem.


Chairman Senft:  Likes the architecture.  Wanted the applicant to address some questions on the parking.  If we use 90 degree, wants 26 ft. wide drive aisles and 10 ft. wide stalls.


Applicant, Lee Landon:  Indicated that the expansion to 26 ft. wide drive aisles and 10 ft. wide stalls would be acceptable.


Commissioner Nachtigall:  Agreed with statement about a greater variety in color.


Vice Chairman Blair:  Asked if they could add an additional color option to the buildings.


Applicant’s Architect, Rick Reigle:  Explained the rationale for their color choices.


Chairman Senft:  Concerns about intersection lights.  When will traffic lights be installed at Eastham Parkway?


City Engineer, Dr. Maki:  Indicated that the traffic generated by the development in the area will require a signal at the intersection of Bell Road and Eastham Parkway.




Opened floor to the public – no comments.


City Attorney, Jeff Blilie discussed new stipulations.


Motion was made by Commissioner Morris  (to approve as presented OR with new suggestions or stipulations???)



ITEM #2            SP03-409 - Consideration and Action – Site Plan – COYOTE LAKES

                        COMMERCIAL CENTER – Approximately 14 acres located at

                        Northwest Corner of 115th Avenue and Bell Road


APPLICATION SP03-409 and CUP04-001 will be presented together, but voted on separately.


Planner Jochums:  Gave a brief presentation and reviewed the stipulations; i.e., the stipulation for the curb separated sidewalks and nose stipulation of a max of 65 decibels.  A quick review of what the decibel levels relate to.


Chairman Senft:  Letter received from the HOA, which was read into the record by Chairman Senft.  Requested that this letter, as read, be written specifically into the minutes.  This letter is EXHIBIT A.


Discussion of the stipulation and that it is 65 decibels at the property line.


Planner Jochums:  The 65 decibel level is a policy that the City has already been using.  If the Commission would like to change that stipulation, it would be within their peruse.    (I believe this is the correct spelling of the meaning…the drafted minutes had it spelled purvue???)


Commissioner Segarra:  Would like to see a continuation of the sidewalks – specific questions regarding the building on the SEC (right on Coyote Lakes Parkway).


Planner Jochums:  This is very conceptual at this time and will likely change when reviewed for site planning.


Commissioner Segarra:  Questions about the end of the covered car wash canopy/landscape.


Is this car wash the same as the one at 67th and Bell Road?


Mike Scarbarough – LEADS:  Briefly described how the car wash will be set up with an attendant at the entrance and exit.  The maintenance of the site will be taken care of by the business owner.  Hours of operation will not include evening – possibly 6:00 – 6:30.


Segarra:  Would like a stipulation that the car wash not be open past 9:30 p.m.  What about recycle water use?


Mike Scarbarough:  There is legislature moving forward that would mandate that.  This site will be prepared for that.


Commissioner Segarra:  Is the water on site cleaned for re-use at this site?  “NO”

Do you know how much water is used at this car wash?


Mike Scarbarough:  I would be guessing.


Vice Chairman Blair:  Regarding the traffic study, we can’t really rely on an old study if this is the first time this has been done.  Where else have you done this type of car wash where you can give more accurate information?


Mike Scarbarough:  Utilizes Danny’s Family Car Wash for estimated daily traffic numbers.  There would be 741 trips (trips OR cars???) per day entering and leaving the site.


Vice Chairman Blair:  Would like to have a study completed on the noise to verify how the 65 decibels was reached.


Planner Jochums:  This was a staff recommendation.


Vice Chairman Blair:  Have you (directing the question to the applicant) performed a study?


Mike Scarbarough:  There will be 12 vacuum stations on the site that will more than likely not be running at the same time.  The site is 400 ft. from any residential home.


Commissioner Hall:  Question about the distance and was asked to wait until the questioning got to him.


Vice Chairman Blair:  Wants a noise study completed.


Mike Scarbarough:  The noise generated on Bell Road will be louder than the noise generated by the site.


Vice Chairman Blair:  Wants to table this until the noise study is completed.


Chairman Senft:  Would like to finish the discussion before a motion to table.  Made some remarks about the compatibility of uses between the office buildings and car wash.


Vice Chairman Blair:  Will 3 people be enough to maintain this location?  She feels this is inadequate.


Mike Scarbarough:  There will be professionals brought on site to maintain the landscape, mechanical equipment, etc.


Vice Chairman Blair:  Are there shut-offs in the event of fire?


Mike Scarbarough:  Yes, there are shut-offs provided.


Commissioner Morris:  Question for staff – Presented an excerpt to be displayed on the LMO.  “Minimum building setback should be 45 ft. from a residential zone boundary.”  Questioned specifically the boundary and how it is related to this site.


Planner Jochums:  There would be a 45 ft. setback if there were residential property immediately adjacent to the commercial site, so the 35 ft. setback is all that is required by code.


Chairman Senft:  Discussion clarifying the code and how it is applied.  Feels that 115th Ave. is residential and so site should have the same 45 ft. setback.


Planner Jochums:  This master site plan is purely conceptual.  The applicant will have to bring back specific site plans and could address the setbacks at that time.


Chairman Senft:  Would like the record to show that there should be a 45 ft. setback.


Commissioner Morris:  This sort of interpretation made at a later date puts the Commission in a delicate situation where noise studies are concerned.  Need to have something to indicate to people driving that this is a residential development.  There is an additional letter that has not been read.


Vice Chairman Blair:  The author is going to read it.


Commissioner Morris:  Will hold further comment until the HOA has been heard at a public hearing.


Chairman Senft:  Going back to setbacks…the site plan as shown will need to comply with setbacks as in Title 17.


Planner Jochums:  This application is purely conceptual and will need to be addressed as the individual site plans are reviewed.


Chairman Senft:  The minimum stall width should be 10 ft. and drive aisles should be 26 ft.  Believes that this should be angled parking.  Requested a site plan showing angled parked and a site plan showing 90 degree parking.  Is there going to be sufficient sewer service?  Will this not compound the existing problems?


Mike Scarbarough:  Confirmed with AAW that water and sewer will be adequate.


Commissioner Nachtigall:  ( ??? ) has relatives that live in this subdivision.


Commissioner Hall:  Would like to see pictures of other sites that have been built in the Midwest.  Would like to see a market study as well.  Why is this site so unique?


Mike Scarbarough:  Does not know that there is a specific market study available to the Commission.  However, a lot of consideration has been put into this site.


Commissioner Hall:  Regarding 115th Ave. – does it go one way or will it be a two-way after this project?


Dr. Maki:  The change will be predicated on the development of adjacent property and not this one specifically.  East bound to north bound left turn only -  ½ light.


Commissioner Hall:  This development is adjacent to a really nice residential development and we need to review this as if we lived there.  Would like to see a 6 ft wall between uses – needs to be a good neighbor.  We need to table the car wash until the noise study, picture, etc., can be provided.


Commissioner Gonzales:  Agrees with everything that has been said.  Would also like to know how many of these are in the City?  (Need clarification of that).  Thinks hours of operation start too early.


Attorney Blilie:  One of the limitations that the Commission has is that the market or economic factors cannot be considered in reviewing this document.  Arizona law does not allow market to be a factor.  This is not something that we should base review on.  This can be controlled only through zoning.


Chairman Senft:  Agrees with Attorney Blilie.  Should this go forward, this is a specific use.  This would not be unrealistic to require a bond so that we would have money to demolish and/or renovate.


Attorney Blilie:  We have discussed this before but imposing this at this time would not be appropriate.  There is a reason why this is a CUP and not a principally permitted use.


Commissioner Segarra:  Wants a 6 ft. screen wall (more discussion was missed at this point).




Connie Stover:  Read letter submitted.


Gail Curtis:  Was going to read the letter dated July 24, but it has already been read.


Gene Smith:  (Former Board Member) 250K of assets owned by Cooty Lakes – the setbacks; turn ins – deceleration lanes is going to add to the onfusion of traffic exiting Coyote Lakes.  Cars will be making u-turns, right turns, and will encroach on Coyote Lakes HOA.  Doesn’t think the City can come in and take Coyote Lakes property.  Other have tried to attach to our development.  This adds strain on the Coyote Lakes development; i.e., sewer, water.  The Roundabout is also a concern at 115th Drive and Coyote Lakes will take the majority or a large part of.  There are 700 homes that need to be serviced on that road and is a safety issue that needs to be addressed.  Additional concerns regarding the decel lanes.  The decel lane on the west side of the entrance conflicts with Coyote Lakes Parkway.  Doesn’t want development approved on the south side of Bell Road.


Esther Marie Capps:  (Former member of the HOA Board and former President)  Wants to compliment all comments heard from the Commissioners and residents.  There is a lack of agreement between the development and the HOA.  The developer has the responsibility to show drawings of the landscape tracts along Coyote Lakes Parkway and Bell Road.  (Submitted a copy of an e-mail for the record.)  Requests that the Commission table the application until there are site plans acceptable to both parties.


Attorney Blilie:  The issues brought up by Ms. Capps are issues between the developer and the HOA directly.  The City cannot base a decision on something that is in the CC&R’s – this would be considered a civil matter.


Chairman Senft:  Recalled previous meetings where “curb cuts” were addressed.  The first curb cut traveling eastbound would allow a left turn to cross westbound traffic into the site.


Planner Jochums:  That median break already exists that would allow access into the site.  However, there would be left turn access out.


Chairman Senft:  Currently, you cannot make a left turn out of Rose Garden – need to make a

u-turn.  (There was further discussion over whether or not you can make a left turn there.)


Mayor Shafer:  We are working on solving that problem.


Commissioner Segarra:  We have left turns at the entrance to Kohl’s and Fry’s.


Chairman Senft:  This is right before the bridge and the traffic isn’t as dense in some of those areas at the other end of Bell Road.


Randy Overmyer:  Bell Road east of El Mirage has 61,000 vehicles per day.  As we move west, the volumes do diminish.


Vice Chairman Blair:  We need to request a study.


Chairman Senft:  Wants to ask legal advice.  Does not want to ask for executive session – believes there is enough reasoning here.  Would like to see this go to the BOA with all of the stipulations.  Cam we disapprove this?


Attorney Blilie:  You have two applications and property that is zoned C-2.  To deny a site plan that proposes permitted C-2 uses is not appropriate.


Chairman Senft:  Sees C-3 usages like a gas station.


Mike Scarbarough:  The gas station has been changed to retail.


Planner Jochums:  The original site plan indicated gas station, but that has changed.


Chairman Senft:  Storage facility is a C-3 use?


Planner Jochums:  It is a CUP in a C-2.


Chairman Senft:  We still have the same issue…


Attorney Blilie:  There are CUP uses and principally permitted uses.  There will not be any C-3 uses.  Denying a site plan would be A-typical of this body.  A better course of action would be to continue the site plan and have the applicant address all of the issues.  Regarding the car wash CUP – a denial could be appropriate in this case, or this could be continued as well until the studies come back (noise studies, etc.).  Curb cuts were probably recommended by City staff.  If Dr. Macki were still here, he could comment further.


Chairman Senft:  I think we direct staff to bring this back showing different usages and address the concerns on traffic.  Also, think someone should make an effort to work with the HOA to resolve the issues prior to bringing this back to the Commission. 


Motion to continue the site plan for 30 days to address all concerns of the public and the Commission showing more appropriate uses.


Vice Chairman Blair:  Goes along with some of that, but doesn’t believe that this is the time to eliminate the storage from master site plan.


Attorney Blilie:  There is a motion.


Planner Jochums:  30 days is not an appropriate amount of time for staff review.


Chairman Senft:  Move that there be no time frame to resubmit.






ITEM #3            CUP04-001 – Consideration and Action – Conditional Use Permit –

                        COYOTE LAKES QUICK AND CLEAN CAR WASH – Approximately

                        1 acre located at the northwest corner of 115th Avenue and Bell Road.


                                    * DENIED


ITEM #4            CUPA04-068 – Consideration and Action – Conditional Use Permit –

                        ALLTEL PERSONAL WIRELESS FACILITY – Approximately .5 acre

                        Located at 13550 W. Peoria Avenue, generally located on a private

                        Drive known as 136th Avenue, adjacent to the entrance to the City’s

                        South Water Reclamation Facility


Moved up to Item 2 on the agenda.   A brief presentation was given by Planner Andy Jochums.


Opened to questions…


Vice Chairman Blair:  Luke would have to change flight patterns?


Planner Jochums:  Luke has approved and reviewed this application.


Chairman Senft:  Are we only dealing with 136th and Peoria Avenue on this application?


ITEM #5:           ZTA04-139 – Consideration and Action – Zoning Text

                        Amendment – Used Vehicle Sales in the C-2 District


Planner Andy Jochums gave a brief presentation.


Commissioner Morris:  Clarification of how this could be implemented.  This could be potentially permitted in the same commercial center just presented (Coyote Lakes).


Discussion/clarification on how it would be applied – certain types of vehicles only based on warranty – mileage – age of cars.


Used car sales often occur even on the same sites as new automobiles sales, such as Sanderson Ford.


Chairman Senft:  Is there any stipulation as far as it bordering residential?


Attorney Blilie:  This is a perfect example of what we just saw.  We will have more performance requirements in the UDC.  We need to address situations, such as Coyote Lakes, so that it won’t come up again – maybe larger buffering requirements between residential.


Chairman Senft:  500 ft. recommended buffering between residential.  440 would be ¼ miles (corrected by Attorney Blilie).


Attorney Blilie:  Maybe 300 ft. would be sufficient, such as if on the other side of an arterial road.  Maybe specify that in the ordinance as far as adjacent to an arterial vs. being immediately adjacent to a residential.


Planner Jochums:  This has been submitted by an applicant who is seeking to open a high-end used car sales for a very small amount of storage/vehicles.


Commissioner Hall:  Questioned the existing car dealership at The Crossroads Shopping Center.


Chairman Senft:  After the discussion tonight about Coyote Lakes, we need to address the buffering when adjacent to a residential development.


Commissioner Gonzales:  Is there an application related to this at this time?


Planner Jochums:  There is not an actual application yet, but the applicant is looking at a piece of property next to the pottery place along Grand Avenue.


Commissioner Gonzales:  He thought this was about “high end” vehicles.


Planner Jochums:  This ordinance is not based on value.


Commissioner Nachtigall:  Is there grounds for disapproval?


Attorney Blilie:  Without specificity, it is easier.  Specific guidelines make it easier.  Recommend continuing to another meeting.


LaTonya Finch:  Should look at developing additional performance standards.


Commissioner Gonzales:  Concerned that such a large buffer would keep the site from being developed properly.  Some properties would not have enough footage.  Applicants should be notified that a site might not accommodate this type of use.




            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 S. Foster – on West Escondido Court:  Why is it Council who changes the density in acreage of this town?  They voted to increase density on a project reviewed last week.


Attorney Blilie:  The call to the public allows the public to make comments known, but the Commission cannot comment on any issues.


Regarding car dealerships – appreciates the distance.


Parking by the Wal-Mart and Home Depot is horrible – accident waiting to happen.  Please keep in mind in the future, also, how many parking spaces are allotted.


Regarding the desire to bring in business into the City of Surprise – signage allowances for smaller businesses is not adequate.


Chairman Ken Senft to get together with Planner Andy Jochums regarding the ordinance.








            Two GPA’s will be coming along soon.  Direct calls to Desmond McGeough or LaTonya




            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 further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 8:36 P.M.





______________________________                    ___________________________________          

Ken Senft, Chairperson                                       LaTonya Finch, Acting Planning Manager

Planning and Zoning Commission                        Community Development Department