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PLANNING & ZONING COMMISSION
MINUTES

12425 W. BELL ROAD, SUITE D-100
SURPRISE AZ 85374
REGULAR MEETING
October 17, 2000
7:00 P.M.

I. CALL TO ORDER: 

Chairman Cox called the meeting to order at 7:05.

II. ROLL CALL: 

MEMBERS PRESENT: Chairman Carl Cox, Vice Chairman Karen Creighton, Commissioner Martha Bails, Commissioner Ken Senft, Commissioner Antonio Segarra, and Commissioner Dani Morris.
Councilman Roy Villanueva.

STAFF PRESENT: Deputy City Attorney Ted Mariscal, Senior
Planner Scott Phillips, Planner Jim Atkins, Planner Desmond McGeough, Associate Planner Grant Penland, Administrative Assistant Jenifer O'Melia.

III. APPROVAL OF MINUTES:

Minutes of the October 3, 2000 meeting were approved with minor corrections.

IV. WITHDRAWALS AND CONTINUANCES:
None

V. NEW BUSINESS
A-1. Consideration and action on Application SP00-107
Paul Gilbert and Jon Froke of Beus Gilbert, P.L.L.C. on behalf of LDR-Goodyear, L.L.C., property owner is requesting consideration and action on a Site Plan for an Albertson's grocery store on 10 gross acres, located at the NWC of Bell Road and Loop 303.  (Staff Recommendation - Approval, Continued from the October 3, 2000 meeting)  (Albertson's at Bell West Ranch)

Commissioner Bails stated that she would abstain from the two applications regarding Albertson's since she is an employee and stockholder of Albertson's.

Planner Atkins made a presentation for both Application SP00-107 and Application CUP00-108. He stated the applicants changed the drive isle and used four-sided architecture.

Commissioner Morris had concerns with the architecture of the wings on the side of the buildings. He stated that the north elevation of the west wing had no architectural enhancements on the back of the building and he would like additional architectural articulation.

Planner Atkins stated that there is no architectural enhancement in that area because there will be little public access.

SPEAKER: Wendy Riddell of Bues Gilbert on behalf of the applicant, stated that the distances with the landscaping and the adjacent subdivision has their own six-foot wall.

SPEAKER: Rick Redpath of KDRA Architects on behalf of the applicant, stated the main visibility of Loop 303 is on the eastern shops, and the western shops are not visible from the transportation corridors.

Commissioner Morris had concerns with the architecture staying consistent, including the service station signage.

SPEAKER: Wendy Riddell stated that they would be happy to work with the staff regarding the back of the building and the architecture of the back of Albertson's.

Commissioner Morris had concerns regarding the sidewalk being directly next to the curb. He would like to have the sidewalk at least five feet from the curb.

Planner Phillips stated that they need to look at the engineering plans to determine where the retention basins are located.

Commissioner Senft stated concerns with keeping the traffic flow moving, possibly by having each lane flow one direction.

Planner Phillips stated that circulation of the parking lot is similar to that of other stores and is not a large concern due to the size.

Chairman Cox wanted to know what the parking requirements are.

Planner Atkins stated that the applicant is required to have 362 parking spaces and they provided 399.

SPEAKER: Wendy Riddell stated Albertson's has looked into one way parking, but they feel that one way parking is not as effective.

Chairman Cox had concerns with both the entry lanes, one is acceptable the other entry has not been addressed and adding a sidewalk to funnel pedestrian traffic.

SPEAKER: Wendy Riddell stated that the one entry lane they changed because the applicant felt that was the main concern. The curb cut was incorrect and the customers would not be properly directed, the other entry lanes were correct in regards to the curb cut. In regards to the sidewalk she stated the issue was not raised before.

Commissioner Morris had concerns regarding the three-foot high block walls on Bell Road for screening and the fact that these walls are not continued to the service station.

SPEAKER: Rick Redpath stated that they will work with staff on screening and would like use burming instead of a three-foot screen wall.

Commissioner Creighton had concerns with stipulation d, which states all lighting shall be shielded high pressure sodium units, but on the site plan it is a combination of both high pressure sodium and metal halide lights.

Planner Atkins stated that the applicants need to have high-pressure sodium lighting on Bell Road and they are going to work with the applicant in regarding the other lighting. He also amended stipulation d to say: All site lighting shall be subject to the review and approval of the Community Development Director.

City Deputy Attorney Mariscal stated that these applications would not go to City Council.

Planner Phillips stated that when it comes down to the specifics for the site lighting, staff needs more time to review the site lighting and would recommend not going with the site plan designated for the site lighting. 

Commissioner Creighton stated she was not comfortable with having the staff work further with the applicant on lighting when the commission is to approve the applications in question.

Planner Phillips stated that typically site lighting is administratively reviewed because the commission does not have time to review the photo metrics for all the projects.

SPEAKER: Wendy Riddell stated for the record they are agreeable to either the stipulation from staff or the amendment the commission stated.

Commissioner Morris stated to make the approval subject to criteria the staff is using.

Commissioner Creighton stated that stipulation g is date stamped September 6, 2000 and the commissioners just received the October 12, 2000 drawing, and therefore needs to be amended.

Planner Phillips stated that stipulation d shall read, all site lighting shall be subject to the review and approval of the Community Development Director with the criteria of glare onto adjacent properties and roadways shall be kept to a minimum and the blending of the high pressure sodium and metal halide be accomplished to the greatest extent possible.

Commissioner Morris stated that stipulation l needs to be added and should say that the north side of the west wing have similar architectural treatment. Additionally, the gas station canopy should have similar detailing and signage as the main building, and that the retention area on the south side of the gas canopy can be screened with burms. Finally the sidewalk along the deceleration lane should be set back for safety with a minimum of three feet between curb and sidewalk.

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

SPEAKER: Wendy Riddell had a concern regarding the set back of the sidewalk being three feet and would like to add some verbage to include the applicant will work with the engineering department to try to achieve a minimum of three feet between curb and sidewalk.

Deputy City Attorney Mariscal stated that the signage is handled by a separate ordinance and not part of a site plan or conditional use permit, therefore the commission does not have jurisdiction to override the city code.

Planner Phillips stated that the commission can give recommendations to staff in regards to signage and staff will take it into consideration.

Commissioner Morris made a motion to approve Application SP00-107, subject to stipulations a - l attached hereto as Exhibit A.
Commissioner Creighton seconded the motion.

Motion passed. 5 Yeas, 0 Nays, 1 Abstained, and 1 Absent.

B-1. Public Hearing - Application CUP00-108
Paul Gilbert and Jon Froke of Beus Gilbert, P.L.L.C., on behalf of LDR-Goodyear, L.L.C., property owner is requesting consideration and action on a Conditional Use Permit for Albertson's Express Service Station. The site is generally located at the NWC of Bell Road and Loop 303.  (Albertson's Express Service Station)  (Continued from the October 3, 2000 meeting)

Commissioner Creighton made a motion to approve Application CUP00-108, subject to stipulations a - m attached hereto as Exhibit B. Commissioner Segarra seconded the motion.

Motion passed. 5 Yeas, 0 Nays, 1 Abstained, 1 Absent.

B-2. Consideration and action on Application CUP00-108
Paul Gilbert and Jon Froke of Beus Gilbert, P.L.L.C., on behalf of LDR-Goodyear, L.L.C., property owner is requesting consideration and action for a Conditional Use Permit for a service station located at the Bell West Ranch.  (Staff Recommendation - Approval)

C-1. Public Hearing - Application CUP00-120
Art & Space Gosney-Cappello Architects, Ltd., on behalf of The Roman Catholic Diocese of Phoenix, property owner, is requesting consideration and action on a Conditional Use Permit for a church to be located on the southwest corner of Bell Road and Cotton lane.  (St. Clare Catholic Community)

Planner Atkins made a presentation for Application CUP00-120.
He made a presentation on the overhead projector.

Commissioner Senft wanted to know if there is going to be a tot lot or playground for smaller children.

SPEAKER: Al Capello, the architect on the project, stated that there are two playground areas, one directly north of the building for the smaller children and another directly to the west of the lab building for the older children. 

Commissioner Creighton had a concern regarding the placement of the lighting in the parking lot.

SPEAKER: Al Capello stated that the lighting is shown on the electrical site plan.

Commissioner Bails had a concern regarding the parking requirements and needing more spaces for the future.

Planner Atkins stated that the church use is mutually exclusive from all other uses and the site supply for parking will be adequate.

Commissioner Segarra wanted to know the projected time of the temporary buildings in use. He also stated he would like to set a time limit of three years and subject to review after three years.

SPEAKER: Al Capello stated that most likely the temporary building will be used from two to five years but it depends on how quickly the parish grows.

Commissioner Morris stated his concern with the temporary building continuing for too long. He also stated that he had concerns if the ADA requirement has been met and if there was lighting at the entrance.

SPEAKER: Al Capello stated that they will have what is required 
for the ADA requirements and they have lighting at the entrance.

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

C-2 - Consideration and action on Application CUP00-120
Art & Space Gosney-Cappello Architects, Ltd., on behalf of The Roman Catholic Diocese of Phoenix, property owner, is requesting consideration and action on a Conditional Use Permit. (Staff Recommendation - Approval) 

Commissioner Bails made a motion to approve Application CUP00-120, subject to stipulations a - n and is attached hereto as Exhibit C. Commissioner Senft seconded the motion.

Motion passed. 6 Yeas, 0 Nays, and 1 Absent.

D-1. Public Hearing - Application FP00-109
DEI Professional Services, on behalf of Surprise Towne Center, property owner, is requesting consideration and action on a Final Plat for a subdivision to be known as Surprise Towne Center, consisting of 30.95 gross acres, located at the northwest corner of Bell Road and Grand Avenue.  (Surprise Towne Center)

Planner Phillips made a presentation for Application FP00-109.
He stated that the preliminary plat was previously approved by the City Council.

Commissioner Morris asked if the applicant was in attendance.

Planner Phillips stated that the applicant was not in attendance.

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

D-2. Consideration and action on Application FP00-109
DEI Professional Services, on behalf of Surprise Towne Center, property owner, is requesting consideration and action on a Final Plat for Surprise Towne Center.  (Staff recommendation - Approval)

Commissioner Morris made a motion to continue Application FP00-109 to the November 7, 2000 regular meeting. Commissioner Creighton seconded the motion.

Motion passed. 6 Yeas, 0 Nays, 1 Absent

E-1. Public Hearing - Application CUP00-137
Eddie Shaffer, property owner is requesting consideration and action on a Conditional Use Permit for a three-car garage located at 28825 N. 157th Ave.  (Shaffer Three car Garage)

Planner Penland made a presentation for Application CUP00-137.
He made a presentation on the overhead projector.

Commissioner Creighton asked if the applicant was in attendance.

Planner Penland stated that the applicant was not in attendance.

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

E-2. Consideration and action on Application CUP00-137
Eddie Shaffer, property owner is requesting consideration and action on a Conditional Use Permit.  (Staff Recommendation - Approval)

Commissioner Morris made a motion to continue Application CUP00-137 to the November 7, 2000 regular meeting. Commissioner Creighton seconded the motion.

Motion passed. 6 yeas, 0 Nays, and 1 Absent

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

None

VII. REPORT FROM PLANNING AND ZONING DEPARTMENT:

Planner Phillips stated that the planning department has been getting several applications for accessory structures and accessory garages. The code requires a conditional use permit, which is extreme, and he feels it should be amended. With the commissions direction he would like to begin to amend the ordinance.

VIII. REPORT FROM PLANNING AND ZONING COMMISSION:

Chairman Cox had concerns if the Big O Tire's sign has been approved or not.

Planner Phillips stated that the sign is approved and legal.

Commissioner Morris had concern with Big O Tire and the painted signs on their windows.

Planner Phillips stated that the planning department will talk with Big O Tire regarding the paint, but a certain percentage of painted signs on the windows are appropriate. 

Commissioner Creighton had concerns regarding the storage compartments at Litchfield and Grand.

Planner Phillips stated that there have been discussions held with Al Deshazo regarding the storage compartments.

Chairman Cox stated a concern with Jack In the Box and the gates in the queuing area because of the construction going on it is a problem.

Commissioner Segarra wanted to know if we had the final drawings for the Four Sons service station.

Planner Phillips stated that he did and that commissioner Segarra could look at them after the meeting.

IX. ADJOURNMENT:

There will be no further business. On a motion duly made and seconded. Chairman Cox declared the meeting adjourned at 9:00 P.M.

Carl Cox, Chairman Planning and Zoning Commission
John Guenther, Interim director Community Development