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PLANNING & ZONING COMMISSION
MINUTES

12425 W. BELL ROAD, SUITE D-100
SURPRISE AZ 85374
REGULAR MEETING
August 21, 2001
7:00 P.M.

I. CALL TO ORDER:

Chairman Bails called the meeting to order at 7:00 p.m.

II. ROLL CALL:

MEMBERS PRESENT: Chairman Martha Bails, Vice Chairman 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 Grant Penland, Administrative Assistant Jenifer O’Melia.

III. APPROVAL OF MINUTES:

Minutes of the August 7, 2001 regular meeting were approved.

IV. WITHDRAWALS AND CONTINUANCES:

Planning Manager Phillips stated that the applicant for item C, Northwest Ranch Master Sign Program, is requesting to have the application continued to the September 4, 2001 meeting. The applicant needs to settle some issue.

Vice Chairman Morris made a motion to continue this item to the September 4, 2001 meeting. Commissioner Blair seconded the motion.

Motion passed. 7 Yeas and 0 Nays

V. NEW BUSINESS:

A-1. Consideration and discussion on the Unified Development Code annotated table of contents and the Planning and Design Guidelines Manual table of contents.

Planning Manager Phillips made a presentation to inform the commission that staff is making progress and show the overall framework with the UDC and Design Guidelines manual.

Chairman Bails stated that they will comment on the Unified Development Code first.

Commissioner Gonzales stated his concerns with the changing zoning. He also had a concern with site plans only being reviewed by staff. He expressed it is in the best interest of the City of Surprise and the citizens, that delegating so much authority to so few could be dangerous.

Planning Manager Phillips replied that with changing zoning there will be more flexibility. He replied that the provisions are a way to standardize the procedures. As the city grows there will more applications and if an applicant meets all the requirements, the city is obligated to approve the site plan.

Commissioner Segarra and Commissioner Senft agree that site plans should still come before the commission.

Commissioner Senft had a concern over a pre-approved PAD, but it may be an inappropriate use being proposed for that land. He also felt that the commissioners need more time to review documents before discussions.

Vice Chairman Morris stated a concern with the SUDC columns not being user friendly. He stated there needs to be some energy standards in the supplemental requirements.

Chairman Bails stated the commission will now comment on the Design Guidelines.

Vice Chairman Morris had concerns in the Introduction. He felt it was missing a sense of a place to be, a community and the Introduction needs to expand.

Commissioner Segarra has a concern with page two, he has a problem with the words encourage and discourage are meant to express a more or less desirable design solution. He feels that if there is a plan that doesn’t quite live up to the standards but is within guidelines. How does the city deal with this?

Planning Manager Phillips replied that these are just guidelines, and if it is discouraged it is at the discretion of the reviewers.

B-1. Public Hearing – Application CUP01-54

Nancy Smith on behalf of Qwest Wireless, L.L.C., property owner is requesting consideration and action on a Conditional Use Permit for a cellular site located at 15564 N. Sarival Road.

(New Qwest Cell Site @ the APS Javalina Substation)

Planner Penland made a presentation for Application CUP01-54.

Commissioner Segarra wanted to know if the other power poles in the substation could be used as potential cellular antenna. He also wanted to know the maximum carriers for one pole.

Planner Penland replied the intent of providing this type of antenna array is to have multiple carriers on one pole.

SPEAKER: Rich Venton, 3159 E. Oak Cliff Drive, stated that the pole is designed for a maximum of three carriers.

Commissioner Senft wanted to know what the height of the existing pole. He would like to know other options for the pole because it will be changing the existing area and this pole will not be hidden.

SPEAKER: Rich Venton replied the pole is 50-feet. He stated that if they use smaller antennas they will need more sites.

Planner Penland stated another option for the pole is to be located on a more stealth site, but staff feels this is a reasonable site because the power poles currently exists. APS does plan to replace the existing wood poles with new higher metal poles.

Chairman Bails opened the hearing to the public.

SPEAKER: Dee Ann Johnson, 15417 N. 161st Ave., stated where she lives she can see the electrical wires go over to the existing pole and if the pole gets higher it will not look nice in her neighborhood. She does not want this in her neighborhood. She wanted to know if the site would affect cordless phones.

SPEAKER: Rich Venton replied this will not affect cordless phones.

SPEAKER: Lisa Konti, 15413 N. 161st Ave., stated she did not want this because it is an eyesore. She wanted to know if there were any environmental impacts from the poles. She stated she objects to this application.

SPEAKER: Cindi Bryant, 16557 N. 162nd Lane, stated she wanted to know what benefit these cellular sites have to the city. She wanted to know if there is a monetary value attached to these for the city. She stated she objects to this application

Planner Penland replied from a service perspective, the location is where the carriers are looking to provide service to this area. Some form of antenna needs to be provided for cellular phone usage. He replied that the city will not make any money from this site.

SPEAKER: Paul Goltz, 15426 N. 161st Ave., stated he objects to this application. This site would literally be in his backyard and would interrupt his view to the White Tank Mountains. He stated he does not see the benefits of this and feels it is not worthwhile.

SPEAKER: Kelli Orth, 15930 N. 162nd Lane, stated she is concerned with the health affects of this cellular site.

Chairman Bails closed the hearing to the public.

SPEAKER: Rich Venton stated they are charged by the Federal Government (FCC), with installing a technically sound phone system. Within the cell phone systems they now have the highest use 911 systems in the United States. There is a church site they are looking at but it is two miles away and will hopefully be an additional site. He stated there is no research to show negative affects on wildlife.

Commissioner Truitt wanted to know if APS was in the process of changing the wooden poles to metal.

Planner Penland stated the intent of APS to change the wooden poles and utilize the metal poles.

SPEAKER: Rich Venton, stated the APS substation is already there and most of their equipment will be hidden. Using the substation will allow them to not have to build additional structures throughout the area. Typically when APS replaces their poles, the poles are seventy to eighty feet tall.

Chairman Bails wanted to know if the city has the authority to deny APS from installing a pole.

Community Development Director Testa, replied that he does not believe the city has that authority.

Commissioner Senft suggested the applicant use a sixty-foot pole.

He also wanted to know why they need more poles since there is already service here.

SPEAKER: Rich Venton stated the radio frequency engineer has told him that they need at least a seventy-foot pole. He stated that the engineers find out where the weaknesses and this area they feel an antenna is needed.

Vice Chairman Morris stated if they start scattering these antennas they will need more sites. He feels that technically speaking this application is better than four separate poles.

B-2. Consideration and action on Application CUP01-54

Nancy Smith on behalf of Qwest Wireless, L.L.C., property owner is requesting consideration and action on a Conditional Use Permit for a cellular site.

(Staff Recommendation - Approval)

Commissioner Senft made a motion to deny Application CUP01-54. Commissioner Blair seconded the motion.

Motion passed. 4 Yeas and 3 Nays

C-1. Public Hearing – Application CUP01-61

Bruce Daniels on behalf of Northwest ranch, L.L.C., property owner is requesting consideration and action on a Conditional Use Permit for a master sign program located on the northeast corner of Greenway Road and Sarival Road.

(Northwest Ranch Master Sign Program)

C-2. Consideration and action on Application CUP01-61

Bruce Daniels on behalf of Northwest ranch, L.L.C., property owner is requesting consideration and action on a Conditional Use Permit for a master sign program.

(Staff Recommendation - Approval)

D-1. Public Hearing – Application PP01-59

Donald Prior of Anderson-Nelson Inc., on behalf of Lewis and Florence Sowards, property owner is requesting consideration and action on a Preliminary Plat for a residential subdivision, located on Coyote Lakes Parkway about 600 feet north of bell Road.

(Coyote Lakes Unit 1, Tract B)

Planner Penland made a presentation for Application PP01-59. He stated that the Planned Area Development Amendment was administratively approved.

Commissioner Senft stated he was not happy about the rezoning and he thought all rezoning must come before the commission and he feels the application should be denied. He stated that the applicant does not have two acres and if they do it is not usable land and the lots are too small. He feels there is no way eleven homes will fit on this site. He had concerns because the land was designated C1.

Community Development Director Testa replied that under a Planned Area Development there are minor and major amendments. In this case there is a zoning that has a zoning already in place. The zone is PAD and it is a zone. He stated it is consistent with our ordinance and we could not require the applicant to comply with the new Residential Guidelines, because they already have their zoning.

Chairman Bails stated that a PAD strips away all designations.

Planner Penland stated there is language in the ordinance that allows administrative approval of a minor change to a PAD. This was a minor amendment since it lowering the intensity of the use.

Commissioner Senft had concerns in the two acres not being usable for homes and it will be too congested. He stated he lives in Coyote Lakes and it is stated that the eight acres of green space and open area and he would like someone to show him those eight acres and would like to see this land turned into a city park.

Planner Penland replied that the subdivision in regards to lot size mimics the opposite side of the street and is approximately the same density.

Commissioner Senft stated that he agrees that some of Coyote Lakes is congested but that does not mean it’s more desirable.

Vice Chairman Morris has concerns with the lots actually being 60-foot average lot width. He also has concerns with lot 11, because a home cannot be placed on the lot because of the golf cart path.

SPEAKER: Lou Sowards, 18265 N. 116th Drive, stated he and not Coyote Lakes Joint Venture owns the golf cart path land.

Vice Chairman Morris stated that the lots are not deep enough and the commission wants larger lots. He is unhappy about the determination about approving the PAD some eight to ten years ago that they are still saddled with the same problems of the houses.

SPEAKER: Lou Sowards, replied that if you look at the lots all the way down Coyote Lakes Parkway this particular piece of property has the same if not less homes in the culte-sacs. The purpose of the lots being positioned the way they are is to take advantage of the beautiful view of the lakes, fairway and Bradshaw Mountains.

Commissioner Senft stated realistically he thinks a total of seven lots would fit on this land.

SPEAKER: Lou Sowards replied that all the lots have engineered by a land use engineer. If you alter the lots, you lose the financial ability to go from C-2 to residential. He attended the last four meeting with the Coyote Lakes communities and has spoken to neighbors and in the community it is almost unanimous that this is the desired use of the land.

Chairman Bails wanted to know when the PAD was approved.

Planner Penland stated the PAD was approved over ten years ago.

Commissioner Senft stated personally he would like larger lots at a minimum of 50-feet in width and 100-feet in depth. He stated the way the lots are shown the yards would be small.

SPEAKER: Lou Sowards, replied the houses are going to be more upscale product and the homes can be around 1900 square feet. Coyote Lakes is designed with small lots with small yards.

Chairman Bails opened the hearing to the public.

SPEAKER: Whitney Hohman, 11694 Eagle Court stated that is in favor of homes going on that location, but he feels the area is to small for 11 lots.

Chairman Bails closed the hearing to the public.

Commissioner Truitt stated he agrees with larger lots for the city, but that the application is consistent with Coyote Lakes.

D-2. Consideration and action on Application PP01-59

Donald Prior of Anderson-Nelson Inc., on behalf of Lewis and Florence Sowards, property owner is requesting consideration and action on a Preliminary Plat for a residential subdivision.

(Staff Recommendation – Approval)

Commissioner Senft made a motion to deny Application PP01-59.

Commissioner Blair seconded the motion.

Motion passed. 6 Yeas and 1 Nay

E-1. Public Hearing – Application FP00-71

Chris Woodrow of Coe & Van Loo Consultants Inc., on behalf of Surprise Village North L.L.C., property owner is requesting consideration and action on a Final Plat for a residential subdivision, located south of Arizona Traditions Loop Road, within the Arizona Traditions master planned development.

(Arizona Traditions #12)

Planning Manager Phillips made a presentation for Application FP00-71. He stated this application was recommended for approval by the commission but was then withdrawn by the applicant. There were concerns that more open space was needed. The lots are now reduced and increased the amount of open space.

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.

E-2. Consideration and action on Application FP00-71

Chris Woodrow of Coe & Van Loo Consultants Inc., on behalf of Surprise Village North L.L.C., property owner is requesting consideration and action on a Final Plat for a residential subdivision.

(Staff Recommendation – Approval)

Vice Chairman Morris made a motion to approve Application FP00-71, subject to stipulations a – I attached hereto as Exhibit A. Commissioner Senft 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 that there is a special commission meeting at 7:00 pm on September 11, 2001 at Kingswood Elementary School. This will be the first public hearing on the General Plan Amendments. He also stated that the Unified Development Code and Design Standards process is going to be long. They are trying to make these easier for the public and the commissioners.

Commissioner Senft stated that staff should have workshops for the commissioners to help them understand and not have them as part of the public meeting.

VIII. REPORT FROM PLANNING AND ZONING COMMISSION:

Commissioner Segarra submitted two pictures (Exhibit B), he stated the pictures show that houses in Surprise need more design the homes in the pictures are homes that look like boxes. He would like to make sure that new homes coming into the city have better design.

Planning Manager Phillips stated that staff agrees and within the planning and design guidelines manual and home product manual portfolio being worked on right now those issues will be addressed.

Chairman Bails reminded the commissioners of the tour for September 12, 2001 to look at Del Webb Corporation Phase 4 of Sun City Grand.

Commissioner Gonzales would like to know what is going across from Applebee’s. He feels that area is getting congested and is each plat come before the commission.

Planning Manager Phillips replied that Discount Tire is going in across from Applebee’s. He stated that everything has come before commission, it was a master site plan for Phase 2 of Surprise Towne Center.

Commissioner Senft stated that smaller towns are allowing a lot of open space and areas where there is a lot of restaurants.

Planning Manager Phillips stated we need to find a balance between open space and asphalt. Clustering restaurants is a good idea. We can encourage these things, but we cannot dictate were certain uses can go.

IX. ADJOURNMENT:

There was no further business. On a motion duly made and seconded. Chairman Bails declared the meeting adjourned at 9:10 P.M.

Martha G. Bails, Chairman
Planning and Zoning Commission

Philip A. Testa, Director
Community Development