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PLANNING AND ZONING COMMISSION

Northwest Regional Library

16089 North Bullard Avenue

Surprise, AZ 85374

 

June 7, 2005

 

REGULAR MEETING MINUTES

 

 

Call to Order:

 

Chairman Ken Senft called the Regular Planning and Zoning Commission Meeting to order at 6 p.m. at the Northwest Regional Library, 16089 North Bullard Avenue, Surprise, Arizona 85374, on Tuesday, June 7, 2005.

 

Roll Call:

 

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

 

Staff Present:

 

City Attorney Scott McCoy; Community Development Director LaTonya Finch; City Planner Stephanie Wilson; City Planner Adam Copeland; City Planner Lee Lambert; and Planning and Zoning Division Secretary Carol Dager.

 

Council Members Present:

 

No Council members were present.

 

Pledge of Allegiance:

 

Approval of Minutes:

 

The minutes of the May 17, 2005 Planning and Zoning Commission meeting were approved as submitted.  Also approved as submitted were the following previously prepared minutes for:

 

December 21, 2004 Planning and Zoning Commission

December 7, 2004 Planning and Zoning Commission

July 20, 2004 Planning and Zoning Commission

December 7, 2004 Planning and Zoning Commission Workshop

September 21, 2004 Planning and Zoning Commission Workshop. 

 

Presentations:

 

There were no presentations.

 

                                                              NEW BUSINESS:                                                            

 

  • Item #1:  CUP05-132 – Consideration and Action – Conditional Use Permit for Logan Park Master Sign Program

 

Planner Wilson presented the project to the Commission.  Staff recommended approval of the Conditional Use Permit for Logan Park Master Sign Program subject to stipulations ‘a’ through ‘f’.

 

In response to Commissioner Segarra, Planner Wilson explained that on page 7 of the applicant’s report, the information is referencing wall signage, and on page 8, it is referencing the front door signage.

 

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 CUP05-132, Conditional Use Permit for Logan Park Master Sign Program, subject to stipulations ‘a’ through ‘f’.  Commissioner Segarra seconded the motion.  The motion passed unanimously.

 

  • Item #2:  CUP05-139 – Consideration and Action – Conditional Use Permit for Macayo’s Master Sign Program

 

Planner Wilson presented the project to the Commission.  Staff recommended approval of CUP05-139, Conditional Use Permit for Macayo’s Master Sign Program subject to stipulations ‘a’ through ‘f’.

 

Commissioner Hall questioned the reliability of the electrical signs during a rainstorm, noting that many signs will not work when they get wet.  The applicant, Scott Mehlhoff, indicated that if the electrical signs are not installed and sealed correctly, the rain will affect them.

 

Chairman Senft opened the meeting to receive public comment. 

 

Russ Miller, resident, Sun City Grand, stated that he lives directly across the street from Macayo’s, explaining that the signs will severely affect the neighbors.  He suggested that the developer plant a tree every 10 feet on the north side of the street, to help eliminate the affect the signs have on the neighborhood.

 

Paula Forster, Surprise resident, wondered if there were any plans to correct the parking situation at Macayo’s. 

 

Director Finch indicated that staff will visit with Macayo’s to work on solutions to the concerns discussed. 

 

Chairman Senft closed the public hearing.

 

Commissioner Segarra made a motion to approve CUP05-139, Conditional Use Permit for Macayo’s Master Sign Program, subject to stipulations ‘a’ through ‘f’.  Commissioner Gonzalez seconded the motion.  The motion passed unanimously.

 

  • Item #3:  PP05-076 – Consideration and Action – Preliminary Plat of Marley Park Parcel 12

 

Planner Lambert presented the project to the Commission.  Staff recommended approval of the Preliminary Plat of Marley Park Parcel 12 subject to stipulations ‘a’ through ‘j’.

 

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 PP05-076, Preliminary Plat of Marley Park Parcel 12, subject to stipulations ‘a’ through ‘j’.  Commissioner Nachtigall seconded the motion.  The motion passed unanimously.

 

  • Item #4:  ZTA05-126 – Consideration and Action – Vehicle Impound Storage Yard Definition and Use in C-3

 

Planner Wilson presented the project to the Commission.  Staff recommended approval of the Vehicle Impound Storage Yard Definition and Use in C-3.

 

Commissioner Segarra voiced his concern about a vehicle impound storage yard being part of the C-3 zoning.  His concerns included the fact that it would be a 24-hour operation, the design and upkeep of the property, and the noise level.  Commissioners Nachtigall and Morris echoed their concerns about the noise level of these types of businesses.

 

Commissioner Gonzalez wondered about the affect of this zoning text amendment on existing businesses, whether they would be grandfathered in or be forced to close shop.  

Planner Wilson indicated that she was not aware of any businesses that would be affected. 

 

In response to Commissioner Hall, Director Finch replied that the City of Surprise has very little C-3 zoning areas.  She pointed out that there are stipulations that would allow this type of benefit to exist in the City, while protecting the residents’ interests.

 

Chairman Senft noted that this text amendment would not be a blanket approval.  Any requests from an applicant for a C-3 zoning would need to be approved by the Planning and Zoning Commission. 

 

Referring to the condition of the text that states “the use shall not be located within 300 feet of a residential property line,” Commissioner Hall requested that “300 feet” be changed to “500 feet.”  Chairman Senft agreed that the “500 feet” change should be made to the text amendment.

 

Chairman Senft opened the meeting to receive public comment.

 

Adrian Williamson of Earl, Curley & Lagarde, representing Mr. Sommers, owner of Sunn West City’s Towing, Inc., concurred with the change to 500 feet. 

 

Chairman Senft closed the public hearing.

 

Commissioner Nachtigall made a motion to approve ZTA05-126, Vehicle Impound Storage Yard Definition and Use in C-3, with the following change: “500 feet from a residential property line.”  Commissioner Gonzalez seconded the motion.  The motion passed with 5 ayes, 1 no, and 1 absent.

 

  • Item #5:  ZTA05-192 – Consideration and Action – Original Township (OTS) Overlay Amendment

 

Director Finch presented the project to the Commission, explaining that the purpose for this text amendment is to eliminate the minimum lot size requirement because an unintended consequence has surfaced due to the large percentage of lots within the OTS which are less than 35,000 square feet.  The minimum lot size drastically limits application of the ordinance and diminishes its benefit. This amendment would remove the requirement and remedy the issue.

 

Staff recommended approval of ZTA05-192, Original Township Overlay Amendment.

 

In response to Commissioner Morris, Director Finch replied that the incentive would probably be more usable if the minimum lot size requirement was removed.

 

Chairman Senft opened the meeting to receive public comment. 

 

Paula Forster, Surprise resident, suggested that if the limitation was removed, the Planning and Zoning Commission would not have that requirement to use for denying specific undesirable businesses in the original township area.  

 

Director Finch explained that both the Planning and Zoning Commission and the City Council would need to approve any business wanting to move into that area.

 

Chairman Senft closed the public hearing.

 

Commissioner Morris made a motion to approve ZTA05-192, Original Township (OTS) Overlay Amendment.  Commissioner Segarra seconded the motion.  The motion passed unanimously.

 

  • Item #6:  ZTA05-193 – Consideration and Action – Temporary Vehicle Sales in C-2

 

Director Finch presented the project to the Commission, explaining that the purpose of the amendment is to make this code more usable.  The Sanderson Group is requesting a presence in Surprise prior to establishing a potential permanent location at the Cactus Lane Ranch property.

 

Staff recommended approval of ZTA05-193, Temporary Vehicle Sales in C-2.

 

In response to Commissioner Gonzalez, Director Finch explained that an applicant could request and receive less than a one-year extension.

 

In response to Commissioner Segarra’s questions, Director Finch replied that applicants, under this amendment, would still be required to comply with all codes set forth for a conditional use permit.  

 

Chairman Senft opened the meeting to receive public comment.  

 

In response to Paula Forster, Surprise resident, Director Finch explained that this amendment is not exclusive to used vehicles.  Chairman Senft added that Sanderson is proposing a temporary facility in C-2 while they build a permanent facility in another area of Surprise. 

 

Chairman Senft closed the public hearing.

 

Commissioner Segarra made a motion to approve ZTA05-193, Temporary Vehicle Sales in C-2.  Commissioner Nachtigall seconded the motion.  The motion passed unanimously.

 

  • Item #7:  ZTA05-196 – Consideration and Action – Street Cross Section Amendment

 

Planner Copeland presented the project to the Commission.  Staff recommended approval of ZTA05-196, Street Cross Section Amendment.

 

In response to Commissioner Morris, Planner Copeland replied that landscaping the middle of a cul de sac street would not be permissible because fire trucks would not have an easy access to the structures in the area.  

 

Assistant Fire Chief Kevin Pool added that the Fire Department needs a specific radius to turn their trucks around.  Typically cars are parked on cul de sac roads and with the addition of foliage in the middle of the road, it would hinder the Fire Department’s ability to drive several trucks into the cul de sac.    

 

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

 

Commissioner Nachtigall made a motion to approve ZTA05-196, Street Cross Section Amendment.  Commissioner Segarra seconded the motion.  The motion passed unanimously.

 

  • Item #8:  STA05-197 – Consideration and Action – Cul De Sac Cross Section Amendment

 

Planner Copeland presented the project to the Commission.  Staff recommended approval of STA05-197, Cul De Sac Cross Sections Amendment.

 

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

 

Commissioner Nachtigall made a motion to approve STA05-197, Cul De Sac Cross Sections Amendment.  Commissioner Gonzalez seconded the motion.  The motion passed unanimously.

 

  • Item #9:  SP04-337 – Consideration and Action – Prestige Dance Academy Site Plan

 

Planner Wilson presented the project to the Commission.  Staff recommended approval of SP04-337, Prestige Dance Academy Site Plan subject to stipulations ‘a’ through ‘q’.

 

In response to Commissioner Hall, Rick Moore, architect, representing the property owners replied that the company hired to install the canvas awning has had great success in using materials that do not easily lose their color with exposure to the sun. 

 

There was some discussion regarding the elevations presented in the drawings.  Staff shared the applicant’s color board to add some definition to the drawings.

 

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

 

Commissioner Nachtigall made a motion to approve SP04-337, Prestige Dance Academy Site Plan, subject to stipulations ‘a’ through ‘q’.  Commissioner Gonzalez seconded the motion.  The motion passed with 4 ayes, 2 against, and 1 absent.

 

  • Item #10:  Consideration and Action – Cancellation of July 5, 2005 Planning and Zoning Commission Meeting

 

Commissioner Nachtigall made a motion to approve the cancellation of July 5, 2005 Planning and Zoning Commission meeting.   Commissioner Hall seconded the motion.  The motion passed unanimously.

 

 

                                                      OPEN CALL TO PUBLIC:                                                     

 

Chairman Senft called to the public to discuss any issues not noted on the agenda. 

 

Paula Forster, Surprise resident, mentioned some concerns about temporary signs, such as banners on walls and buildings being displayed for long periods of time.  Chairman Senft indicated that Code Enforcement would be notified. 

 

Ms. Forster next talked about the need for a workshop addressing the proper planning of additional new home construction, which would also include discussion of the traffic issues in the City. 

 

 

 

                                                  CURRENT EVENTS REPORT:                                                

 

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

 

Director Finch introduced the new City Attorney, Scott McCoy.

 

Director Finch provided an update on responsible parties for maintenance and cleaning of washes.  She reported that the Flood Control agency is responsible for cleaning up washes on their land.  However, no agency monitors washes on private property; rather it is the owner’s responsibility to keep the washes clean.  Flood Control suggested that perhaps neighborhood groups could be formed to talk about some effective solutions to the problem. 

 

Director Finch indicated that because the Planning and Zoning Division has been short-handed, it was decided to outsource the SUDC project, which includes the rewrite of three sections of the code.

 

Director Finch brought the Commissioners up to date regarding the Planning and Zoning Department’s staff vacancies.  She mentioned that Robert Millspaw was no longer with the City, noting that she would begin recruiting for a replacement.  Next week, a panel will be interviewing 13 applicants for the three Planner II positions.  Offers will be made to two individuals for the following positions: Planner Technician and Planner Intern.  It is anticipated that the Planning and Zoning Division will be full staffed within 45 days. 

 

Director Finch distributed an updated commercial project list, pointing out the Prasada Westcor mall project, which is moving forward.  She also mentioned that a medical facility is currently being discussed at the City of Surprise project. 

 

In response to Commissioner Hall, Director Finch indicated that the developer is working with two different companies to bring movie theaters to Surprise. 

 

Director Finch noted that a revised site plan for Stadium Village, adjacent to the ballpark, is in the process. 

 

Director Finch mentioned that the Habitat for Humanity workshop is scheduled for

July 14, 2005, pending City Council approval. 

 

Director Finch commented that the City is aggressively addressing the weeds issue because of the fire hazard.  The City is contracting for the weeds to be cleared and billing the property owners.

 

 

 

 

 

 

             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, June 7, 2005 at 8:09  p.m.

 

 

 

__________________________

  LaTonya Finch, Director

  Community Development Department

 

 

 

_____________________________

Chairman Ken Senft

Planning and Zoning Commission