Regular Planning and Zoning Commission Meeting
Minutes - July 20, 2004
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 Hall
– 12425 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.
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.
made and carried to approve the July 6, 2004, workshop meeting minutes and
the regular meeting minutes from July 6, 2004.
ITEMS NOT REQUIRING A PUBLIC HEARING:
ITEM #1 SP04-100
– Consideration and Action – Site Plan – SURPRISE
PROFESSIONAL PARK –
Approximately 9 acres located West of
and North of Bell Road
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?
indicated that those will be part of a separate application.
Commissioner Segarra: How wide are the stalls?
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.
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
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.
CALL TO PUBLIC:
Opened floor to the public – no comments.
City Attorney, Jeff Blilie discussed new
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
Corner of 115th
Avenue and Bell Road
APPLICATION SP03-409 and CUP04-001
will be presented together, but voted on separately.
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.
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.
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).
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
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.
Would like a stipulation that the car wash not be open past 9:30 p.m. What about recycle water use?
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
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?
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.
This was a staff recommendation.
Vice Chairman Blair: Have you (directing the question to the
applicant) performed a study?
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.
The noise generated on Bell
Road will be louder than the noise generated by
Vice Chairman Blair: Wants to table this until the noise study
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
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?
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.
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.
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.
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.
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
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.
Going back to setbacks…the site plan as shown will need to comply with
setbacks as in Title 17.
This application is purely conceptual and will need to be addressed as
the individual site plans are reviewed.
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
Confirmed with AAW that water and sewer will be adequate.
Commissioner Nachtigall: ( ??? ) has relatives that live in this
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?
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?
The change will be predicated on the development of adjacent property
and not this one specifically. East
bound to north bound left turn only -
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.
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.
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.
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).
OPEN TO PUBLIC:
Stover: Read letter submitted.
Curtis: Was going to read the letter
dated July 24, but it has already been read.
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
Doesn’t want development approved on the south side of Bell Road.
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.
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
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.
Jochums: That median break already
exists that would allow access into the site.
However, there would be left turn access out.
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.)
Shafer: We are working on solving that
Segarra: We have left turns at the
entrance to Kohl’s and Fry’s.
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.
Overmyer: Bell Road east of El Mirage has 61,000
vehicles per day. As we move west, the
volumes do diminish.
Blair: We need to request a study.
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
we disapprove this?
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.
Senft: Sees C-3 usages like a gas
Scarbarough: The gas station has been
changed to retail.
Jochums: The original site plan
indicated gas station, but that has changed.
Senft: Storage facility is a C-3 use?
Jochums: It is a CUP in a C-2.
Senft: We still have the same issue…
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.
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.
continue the site plan for 30 days to address all concerns of the public and
the Commission showing more appropriate uses.
Blair: Goes along with some of that,
but doesn’t believe that this is the time to eliminate the storage from
master site plan.
Blilie: There is a motion.
Jochums: 30 days is not an appropriate
amount of time for staff review.
Move that there be no time frame to resubmit.
ITEMS REQUIRING A PUBLIC HEARING:
ITEM #3 CUP04-001
– Consideration and Action – Conditional Use Permit –
COYOTE LAKES QUICK AND CLEAN CAR WASH –
acre located at the northwest corner of 115th Avenue and Bell Road.
ITEM #4 CUPA04-068
– Consideration and Action – Conditional Use Permit –
PERSONAL WIRELESS FACILITY – Approximately .5 acre
at 13550 W. Peoria Avenue,
generally located on a private
known as 136th Avenue,
adjacent to the entrance to the City’s
Water Reclamation Facility
Moved up to Item 2 on the agenda. A brief presentation was given by Planner
Opened to questions…
Vice Chairman Blair:
Luke would have to change flight patterns?
Luke has approved and reviewed this application.
Are we only dealing with 136th and Peoria Avenue on this application?
ITEM #5: ZTA04-139
– Consideration and Action – Zoning Text
– Used Vehicle Sales in the C-2 District
Planner Andy Jochums gave a brief presentation.
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.
Is there any stipulation as far as it bordering residential?
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.
500 ft. recommended buffering between residential. 440 would be ¼ miles (corrected by Attorney
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.
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.
Questioned the existing car dealership at The Crossroads Shopping
After the discussion tonight about Coyote Lakes,
we need to address the buffering when adjacent to a residential development.
Is there an application related to this at this time?
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.
He thought this was about “high end” vehicles.
This ordinance is not based on value.
Commissioner Nachtigall: Is there grounds for disapproval?
Without specificity, it is easier.
Specific guidelines make it easier.
Recommend continuing to another meeting.
LaTonya Finch: Should look at developing additional
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.
OPEN CALL TO THE
NOTE: During this time, members of the public may
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.
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
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.
AND COMMISSIONERS: none
Two GPA’s will be coming along
soon. Direct calls to Desmond McGeough
CONSIDERATION AND ACTION TO
HOLD AN EXECUTIVE SESSION:
to A.R.S. §38-431.03(A)(3), the Planning and Zoning Commission
go into Executive Session with the City Attorney for legal advice on
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.
SPECIAL NOTE: PERSONS
WITH SPECIAL ACCESSIBILITY NEEDS, INCLUDING LARGE PRINT MATERIALS OR
INTERPRETER, SHOULD CONTACT THE CITY CLERK’S OFFICE @623-583-1000 OR
623-583-1098, BY NO LATER THAN 24 HOURS IN ADVANE OF THE REGULAR SCHEDULED