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PLANNING & ZONING COMMISSION
MINUTES

12425 W. BELL ROAD, SUITE D-100
SURPRISE AZ 85374
REGULAR MEETING
August 7, 2001
7:00 P.M.

Vice Chairman Bails called the meeting to order at 7:02.

Deputy City Attorney Mariscal swore in new commission members Jan Blair and Lyn Truitt.

II. ROLL CALL:

MEMBERS PRESENT: Vice Chairman Martha Bails, Commissioner Dan Morris, Commissioner Ken Senft, Commissioner Bob Gonzales, Commissioner Tony Segarra, Commissioner Jan Blair, Commissioner Lyn Truitt.

STAFF PRESENT: Deputy City Attorney Ted Mariscal, Community Development Director Phil Testa, Planning Manager Scott Phillips, Planner Desmond McGeough, Planner James Atkins, Administrative Assistant Jenifer O’Melia.

III. APPROVAL OF MINUTES:

Minutes of the July 17, 2001 regular meeting were approved with one addition.

IV. WITHDRAWALS AND CONTINUANCES:

V. NEW BUSINESS:

A-1. Consideration and Action on the Selection of a new Chairman and Vice Chairman.

Commissioner Segarra nominated Martha Bails for the position of Chairman. Commissioner Morris seconded the motion.

Motion passed. 7 Yeas and 0 Nays

Commissioner Segarra nominated Dan Morris for the position of Vice Chairman. Commissioner Senft seconded the motion.

Motion passed. 7 Yeas and 0 Nays

B-1. Public Hearing - Application RS00-70
Robert Neil, property owner is requesting consideration and action for a rural residential subdivision to be known as Buena Terra, located south of Jomax Road and west of 239th Avenue alignment.  (Buena Terra Estate)

Planner McGeough made a presentation for Application RS00-70.

Commissioner Gonzales had concerns regarding the well maintenance easement. Another concern is the property owners not being able to put a fence around the perimeter of their property due to well access. He also would like some verbage added to the deeds, so that the property owners know there is an easement on their property and they must maintain the well and easement.

Planning Manager Phillips stated that most rural homeowners do not have fences around their properties. The property owners are obligated to maintain the well.

Commissioner Senft had concerns with the property being in a flood zone.

Planner McGeough replied the property is about one mile from the flood zone.

Vice Chairman Morris had concerns regarding dust problems and what kind of maintenance would be done and by who.

Planner McGeough stated the roads are private and they will use abc rock that is compacted to provide a dust free surface.

Planning Manager Phillips stated that there will be a well maintenance agreement. Staff felt that it was not vital to require a maintenance agreement for the roads.

Commissioner Gonzales wanted to know if each owner would be a 1/5 owner of the well.

SPEAKER: Robert Neil, 9615 N. 121st Place, stated that yes each property owner is part owner of the well.

Vice Chairman Morris wanted to know the life of the abc, and who will maintain the roads, possibly a homeowner association maintenance fee.

Planning Manager Phillips replied the roads around this property do not have any sort of dust free surface. Even with the dust free road around this property it will run down quickly, and to put the maintenance on the property owners would be very costly and hard to maintain.

Chairman Bails opened the hearing to the public.

Vice Chairman Morris stated that in the description he assumes that it says any egress easement all should be abc rock and assumes the 660 feet out to Jomax Road would be abc rock. He feels that the city is trying to establish rural guidelines and feel that the request is reasonable.

SPEAKER: Robert Neil replied that the property owners should be responsible for the roads in front of their homes only. He feels that expecting the 5 property owners to maintain and put abc rock on the road to Jomax Road is totally unreasonable.

Planning Manager Phillips stated that there are residents who use the road other that these five property owners. He also stated that the county required the easement.

Commissioner Senft stated that it isn’t right to burden the five property owners to maintain the roadway.

Chairman Bails closed the hearing to the public.

B-2. Consideration and action on Application RS00-70
Robert Neil, property owner is requesting consideration and action for a rural residential subdivision to be known as Buena Terra.  (Staff Recommendation - Approval)

Commissioner Senft made a motion to approve Application RS00-70, subject to stipulations a - f attached hereto as Exhibit A.

Commissioner Morris seconded the motion.

Motion passed. 7 Yeas and 0 Nays.

C-1. Public Hearing - Application PP01-09
Gary Claybaugh of Landmark Engineering Inc., on behalf of Boa Sorte, L.P., Viel Gluck, L.P. and Ben Fatto, L.P., property owner is requesting consideration and action on a Preliminary Plat for a residential subdivision, located between the Greenway Road alignment and Waddell Road, from the west side of Cotton Lane to the Beardsley Canal.  (Sierra Montana)

Planner Atkins made a presentation for Application PP01-09.

Commissioner Gonzales stated his concern with Citrus Road not being continued through the project.

Planner Atkins replied Citrus Road is not planned as a road through the subdivision.

SPEAKER: Paul Gilbert, 3200 N. Central, made a presentation for the application. He stated that an agreement has been made with Waddell Hacienda residents.

Chairman Bails opened the hearing to the public.

SPEAKER: Ed Mays, 18499 W. Acoma Road, he stated he still has reservations about the project but that he is in favor of the project.

SPEAKER: Bonnie Mays, 18499 W. Acoma Road, stated that she wanted to thank the city for having the meetings set up between the applicants and the Cacienda residents and the meeting was very productive. She stated that she will be keeping an eye on the city and the developers to make sure that the stipulations are implemented.

SPEAKER: Connie Graham, 14431 N. 182nd Avenue, stated that she is also speaking for Carolyn Robles and Bill Lipscomb and that they were all on the referendum and they are all in support of this project as long as the stipulations are kept, they will keep the referendum dropped.

SPEAKER: Stephen Anderson, 2 N. Central Avenue 18 floor, on behalf of Maricopa Water District, stated that they own property, easements and facilities within the site and a major property owner just west of the property. He stated that Maricopa Water District was not included in any meetings with city staff or with the neighbors. He stated the district thinks they are comfortable with the information presented tonight but are not sure. They are sure that they are uncomfortable with the process. He stated they did have concerns with the latest revised plat and time constraints. He also stated that they believe the concerns in the letter of August 1st have been addresses but do not have a great deal of confidence in that assurance and would like more time.

SPEAKER: Rolly Myers, PO Box 730, stated he will be looking at a project he doesn’t want. He stated that the applicants have worked very hard with the neighbors to accommodate them. He stated he believes that Paul Gilbert is a man of his word. He is in support of the project.

SPEAKER: Dave Schuff, 14412 N. Cotton Lane, stated he owns property east of Waddell, he would like to make sure the buffer zone is green and wide enough. He feels this project is too aggressive. He has concerns about water run off and he wants to make sure that the private well on their land will not be drained from the wells in this project. He also did not want two-story houses blocking their view from the White Tank Mountains.

SPEAKER: Gary Claybaugh, 7310 N. 16th St., stated the buffer zone is a combination of natural drainage, retention areas, and landscaping.

SPEAKER: George Bradbury, 14014 N. 172nd Avenue, stated he is trustee for the property 14014 N. 172nd Avenue, and they have 3 of the 5-acre lots off of Waddell Road. He stated the developer has not spoken to them about the project. He also has concerns with ground water rights and two story homes. He had concerns that their homes are multi-million dollar homes and the highest density homes are right next to them.

SPEAKER: Jim Sweeney, 19420 W. Grand Avenue, stated he is the general manager of Maricopa Water District. He had concerns about where the proposed crosscut canal will go, he had never heard anything about it before. They will not know these things until there is a development agreement between them and the developer and these agreements take time.

SPEAKER: Ronald Miller, 14222 stated his concerns with the Citrus Road alignment. He also had concerns with nowhere to ride horses any longer and what provisions are made for safety if they must ride their horses down Waddell Road.

SPEAKER: James Truman, PO Box 145, stated that his family has owned property along Waddell Road since 1946. He stated that it bothers him that the water issues have not been resolved. He also wants to know if there are future plans for Waddell Road to be improved to Cotton Lane.

SPEAKER: Paul Gilbert, stated this application is a preliminary plat and some of the issues raised tonight are usually resolved between the preliminary plat and the final plat. He stated that they do need to enter into a development agreement with Maricopa Water District.

Chairman Bails closed the hearing to the public.

Vice Chairman Morris had concerns with improvements on Waddell Road reaching Cotton Lane.

Community Development Director Testa replied the city has no way of improving Waddell Road to Cotton Lane because that part of the road is county.

Commissioner Segarra wanted staff to add a stipulation in regards to the overflights and cattle odor to be put in the public report.

SPEAKER: Paul Gilbert, agreed with adding the stipulation.

Planning and Zoning Commission went into an Executive Session.

Vice Chairman Morris had a concern that on the original plat there were round-a-bouts throughout the subdivision, and now there are zero. He would like to know why they were eliminated. He suggested a stipulation to get all departments together to find a common ground in regards to the round-a-bouts.

Planning Manager Phillips replied that certain departments are not as comfortable with the round-a-bouts, but staff will continue to work with other departments to find a solution.

Community Development Director Testa stated the letter and neighborhood stipulations should be an Exhibit for the record. (Exhibit B)

C-2. Consideration and action on Application PP01-09
Gary Claybaugh of Landmark Engineering Inc., on behalf of Boa Sorte, L.P., Viel Gluck, L.P. and Ben Fatto, L.P., property owner is requesting consideration and action on a Preliminary Plat for a residential subdivision.  (Staff Recommendation - Approval)

Commissioner Senft made a motion to approve Application PP01-09, subject to stipulations a - p attached hereto as Exhibit C. Commissioner Segarra seconded the motion.

Motion passed. 7 Yeas and 0 Nays.

D-1. Public Hearing - Application SP01-19
Roxanne Fields of Evergreen - Cotton, Limited Partnership, on behalf of Bell West Ranch Limited Partnership, property owner is requesting consideration and action on a Site Plan for a retail building, located on the northeast corner of Bell Road and Cotton Lane.  (Walgreens)  (Staff Recommendation - Denial)

Planner McGeough made a presentation for Application SP01-19.

Commissioner Senft wanted to know if the elevation improvements made by the applicant were sufficient to change staff’s recommendation for denial.

Planner McGeough stated that it appeared that all changes requested on the elevations have been made. However, the request for a permanent easement was still a concern to staff, and another reason for denial.

Chairman Bails would like to know why the applicant needs the permanent easement.

SPEAKER: Paul Gilbert, 3200 N. Central Avenue, they really want and need the easement so that people can turn left from Bell Road.

They did a conceptual site plan for the entire center to show that this project doesn’t keep the center from developing.

Planning Manager Phillips stated that staff objects to the easement because it takes away flexibility for future site planning. Another concern is they are establishing the parking setback for a piece of land that is not their property.

SPEAKER: David Slaughter, 5050 N. 40th St., he represents the property owner, and stated his concern with limiting the Walgreens parcel and the traffic flow throughout the site when it is developed.

Vice Chairman Morris had concerns in regards to the parking and the landscaping on the site. He stated a few of the spaces should be eliminated to make a safer parking lot for pedestrians. He felt that there needed to be more landscaping along the east side of the building and their needs to be more color on the building.

SPEAKER: Paul Gilbert replied that they will add more color to the elevations and more landscaping on the east side of the building. He stated they don’t really want to lose any of the parking spaces.

Vice Chairman Morris stated the parking spaces next to the rotunda need to be deleted and make the adjacent parking spaces bigger by eliminating two spaces. Additionally the corner parking spaces need to be eliminated for safety.

SPEAKER: Paul Gilbert agreed to take out those parking spaces that needed to be taken out for safety reasons.

Chairman Bails opened the hearing to the public. There were no questions or comments from the public. Chairman Bails closed the hearing to the public.

Vice Chairman Morris made a motion to approve Application SP01-19, subject to stipulations a - k attached hereto as Exhibit D. Commissioner Gonzales seconded the motion.

Motion passed. 7 Yeas and 0 Nays

VI. COMMENTS FROM THE FLOOR ON NON-AGENDA ITEMS:

There were no comments from the floor.

VII. REPORT FROM PLANNING AND ZONING DIVISION:

Community Development Director Testa stated there is nothing to report from the Planning and Zoning Division. He stated that the commissioners did a great job with Sierra Montana.

VIII. REPORT FROM PLANNING AND ZONING COMMISSION:

Chairman Bails would like all the commissioners to have the General Plan.

Commissioner Segarra would like staff to incorporate a standard stipulation in regards to the overflights.

Planning Manager Phillips replied that the city might put together some nice language that we would recommend and use as a stipulation.

Chairman Bails stated the Engineering Department and other departments should be checking some of the issues in regards to safety.

Vice Chairman Morris would like a new updated list of the commissioners, city council members and staff’s information.

IX. ADJOURNMENT:

There was no further business. On a motion duly made and seconded. Chairman Bails declared the meeting adjourned at 11:30 P.M.

Martha Bails, Chairman
Planning and Zoning Commission

Philip A. Testa, Director
Community Development