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Planning & Zoning Commission
Regular Meeting Minutes
Tuesday, October 16, 2001
12425 W. Bell Road, Suite D-100
Surprise AZ 85374
7:00pm

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 Bob Gonzales, Commissioner Tony Segarra, Commissioner Lyn Truitt, Commissioner Jan Blair.

STAFF PRESENT: Deputy City Attorney Jeff Blilie, Community Development Director Phil Testa, Planning Manager Scott Phillips, Assistant Planning Manager Tony Chinyere, Planner Grant Penland, Administrative Assistant Jenifer O’Melia.

III. APPROVAL OF MINUTES:

Minutes of the October 2, 2001 regular meeting were not available for approval.

IV. WITHDRAWALS AND CONTINUANCES:

V. NEW BUSINESS:

A-1. Discussion – Medium Density Residential Concepts
David Maldonado, of KTGY Group, Inc. will give a presentation of conceptual medium density residential products and site planning methods.  (Medium Density Residential Concepts)

Speaker: David Maldonado of KTGY Group made a presentation on conceptual medium density residential products and site planning methods.

Vice Chairman Morris had concerns with the size of the living quarters and owners not having room in front and around the garage.

SPEAKER: David Maldonado replied that the square footage of the homes would vary from 1200 to 2100 square feet depending on the builder and the market. He stated that having less room around the garage is a trade off for this style of living.

Chairman Bails had concerns with parking on the street and doesn’t feel that this concept is good for a family subdivision.

Commissioner Segarra wanted to know if the buyer gets the choice as where their home will go on the lot.

SPEAKER: Dave Maldonado replied that typically the houses are pre-plotted and they would have the choice of elevations.

Commissioner Truitt wanted to know if staff has looked at zero lot lines to make larger yards for the homeowners.

Planner Penland stated that city staff would work with the developers on zero lot lines.

Planning Manager Phillips stated the purpose of this is just to look at medium density concepts and there are parts of the general plan that the city is designated medium to high density. The main purpose of this presentation is to look at a wide variety and quality of medium to high-density ideas.

B-1. Public Hearing – Application RZ01-85
Adrean Ely of Prehab of Arizona/Riverboat Acres, property owner, is requesting a rezone from R1-43 (Single Family Residential) to C-2 (Community Commercial) for purposes of operation of an RV storage facility, located at 18300 W. Bell Road.  (Riverboat Acres)

Planning Manager Phillips made a presentation for Application RZ01-85 and Application CUP00-163 at the same time. He stated that there was a neighborhood meeting and that it went well.

Vice Chairman Morris had concerns with the lighting and added a stipulation to control lighting. He also added a stipulation to maintain a height on trees so that they do not block the view of the White Tank Mountains. He wanted to know what the usage of the open storage was going to be. He also had concerns with the screening, and would like eight-foot landscaping along the six-foot wall.

SPEAKER: Adrean Ely of Prehab replied that it is just open storage and they don’t have anything planned there yet.

Planning Manager Phillips stated that there was certain species of trees that could be used to screen but that will not take away the view of the White Tanks.

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.

B-2. Consideration and action on Application RZ01-85
Adrean Ely of Prehab of Arizona/Riverboat Acres, property owner, is requesting a rezone from R1-43 (Single Family Residential) to C-2 (Community Commercial) for purposes of operation of an RV storage facility.  (Staff Recommendation – Approval)

Vice Chairman Morris made a motion to approve Application RZ01-85, subject to stipulations a – c attached hereto as Exhibit A. Commissioner Truitt seconded the motion.

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

C-1. Public Hearing – Application CUP01-56
Adrean Ely of Prehab of Arizona/Riverboat Acres, property owner, is requesting a Conditional Use Permit for purposes of operation of an RV Storage facility, located at 18300 W. Bell Road.  (Riverboat Acres)

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.

C-2. Consideration and action on Application CUP01-56
Adrean Ely of Prehab of Arizona/Riverboat Acres, property owner, is requesting a Conditional Use Permit for purposes of operation of an RV Storage facility.  (Staff Recommendation - Approval)

Vice Chairman Morris made a motion to approve Application CUP01-56, subject to stipulations a – k attached hereto as Exhibit B. Commissioner Blair seconded the motion.

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

D-1. Public Hearing - Application GPA01-77
The City of Surprise is requesting a Major Plan Amendment to the Surprise General Plan 2020, to request additional property to be designated as Rural Residential within the Land Use Element of the Surprise General Plan 2020, and associated text amendments for rural land use subcategories consisting of approximately 11,600 acres of property located in the Surprise Planning Area.  (City of Surprise)

Assistant Planning Manager Chinyere made a presentation for application GPA01-77.

Chairman Bails opened the hearing to the public.

SPEAKER: Kim Beneli, 16554 N. Dysart Road, stated her concerns about the lack of an accurate legal description and wondered how the commission can approve this without an accurate description. She also had concerns that the designations are being changed mid stream.

SPEAKER: Jerry Leavitt, 2111 E. Highland, had concerns that were stated in a packet (Exhibit C) that was given to staff and commission on Tuesday October 16, 2001. His concerns are regarding rural character and the dwellings per acre and possibly landowners being restricted with what they can do with their property. He also requested that there be clarification and possibly a re-examination of the general plan.

SPEAKER: Carolyn Andres- Robles, 14041 N. 184th Ave., stated she was on the task force and feels we are missing a lot of areas. Doesn’t feel we will be preserving any rural areas. Another concern she has is the legal description.

Chairman Bails closed the hearing to the public.

Commissioner Truitt would like clarification of the rural character areas.

Assistant Planning Manager Chinyere replied that we are doing a land use amendment to the extent that the amendment relates to the areas where what we are recommending is different from the land use density or intensity recommended in the General Plan. Rural character will not change the land use designation in the General Plan. Also we did not include the areas of the unincorporated county because the areas are already designated rural and the city council wanted more rural areas in the city.

Vice Chairman Morris stated his concerns with the confusion of the map, matrix and documents verbage not matching.

Chairman Bails re-opened the hearing to the public.

SPEAKER: Sandra Sutton, 19626 W. Belinda, stated her concern is in section E what happens to people who already have horses? Will they be able to keep their horses?

Community Development Director Testa replied that you will be able to keep the horses, the use runs with the land not the owner. City Council will decide if there is a limit on horses or landowners will have a maximum on the amount of animals on the land.

Chairman Bails re-closed the hearing to the public.

D-2. Consideration and action on Application GPA01-77
The City of Surprise is requesting a Major Plan Amendment to the Surprise General Plan 2020, to request additional property to be designated as Rural Residential within the Land Use Element of the Surprise General Plan 2020, and associated text amendments for rural land use subcategories consisting of approximately 11,600 acres of property.  (Staff Recommendation - Approval)

Vice Chairman Morris made a motion to approve Application GPA01-77. Commissioner Blair seconded the motion.

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

E-1. Public Hearing - Application GPA01-78
The City of Surprise is requesting a Major Plan Amendment to the Surprise General Plan 2020, to request reconciliation and referencing of certain portions of the State Lands Conceptual Plan, within the Surprise General Plan 2020, consisting of approximately 6,074 acres of State Land property located in the Surprise Planning Area.  (City of Surprise)

Community Development Director Testa, Planning Manager Phillips, Assistant Planning Manager Chinyere, and Deputy City Attorney Blilie made a group presentation for Application GPA01-78.

Chairman Bails opened the hearing to the public.

SPEAKER: Lars Lagerman, attorney for Volvo Arizona Proving Grounds, stated that the proving grounds would like to be left alone and they don’t really want neighbors, they want privacy. They would like lower densities surrounding them. He had concerns about the green belt shown on the map, stating that it does not correspond with the wash contours of Maricopa County. He stated the wash is significantly narrower and they plan on putting in facilities within an area shown on the map as the green belt. He stated the proving grounds facility does not produce a lot of noise.

SPEAKER: Sandra Sutton, 19626 W. Belinda Lane, stated her concern is that this is an important decision and there is not enough accurate information and it bothers her that there might be a yes recommendation. She feels the plan needs to be re-evaluated and thought through more thoroughly.

SPEAKER: Gary Bylar, 19832 W. Pinnacle Peak Road, stated his concern with the word control and that bothers him. He feels the plan before him tonight discriminates against lower and lower middle income people. He feels this amendment will be ending a lifestyle if all this land is taken up and the land controlled. He believes it should be re-studied and find out the income impact on the people who live on the land being amended.

SPEAKER: Genia Graves, 24439 ½ N. 195th Avenue, stated that she and her family are one of the lower income families that raise animals and that’s how they make their living. She is concerned that this lifestyle will be taken from her.

SPEAKER: Bill Lipscomb, 14976 W. Bottletree, stated that he understands the necessity of the conceptual plan of the city and state lands coming together. He doesn’t understand the urgency of it though, at this point and time. He feels we still need more concrete guidelines on open space, washes, corridors and other aspects. He would the city to work more with the citizens and integrate their desires and input.

SPEAKER: Kim Beneli, 16554 N. Dysart Road, handed out a packet (Exhibit D). She stated the packet is a summary put together by the White Tank Concerned Citizens Group. She stated she felt the state land department has not fulfilled their requirements under the Arizona revised statues concerning planning of state trust land. There is a procedure that the land department is to follow designating lands from rural to urban and currently all state trust lands are rural. She doesn’t understand the rush to incorporate the land and why there would be the need to annex the land. She feels the city is putting the cart before the horse again. She stated that in growing smart plus, it talks about early effective and continuous participation. She stated her group sent a letter asking for the proposal 15 days in advance and did not receive this. A matrix was introduced tonight and she stated that’s not proper, her group also did not receive colored maps that were shown in the presentation.

SPEAKER: Dan Matthews, 13325 W. Statler St., he stated he is the manager of the motor cross track out at speed-world. He feels that the commission has something against the place. He stated he is a good neighbor. He felt he should have been talked to and more notified as to what was going on. He stated the motor-cross track is in the wash.

SPEAKER: Greg Keller, project manager with Arizona State Land Department, stated that he thanks staff for their hard work. He supports plan and he not saying its perfect in any means but he will keep working on the plan. He stated the flood plain as it is shown is the FEMA 100 year flood plain.

SPEAKER: John Baird, stated he is an attorney who represents a property owner at the southwest corner of 195th Avenue and Jomax Road. He wanted to know which land use plan is being presented for recommendation for city council. The property is designated rural residential whereas prior to this they have been under the impression their land was designated low density residential. He was given two different designations. He is curious to why the area is being changed and he thought this plan only affected state lands and not private lands. He is requesting the existing density be continued or be removed from this amendment.

SPEAKER: Lisa Rodgers, 16079 W. Desert Lane, stated that the state is the winner and not the city. There is a change in the high-density residential land use and that is good for the developer not the city. In terms of the commercial land use there is less acreage, which is not good for city taxes. In terms of employment, there is less acreage , which is also not good for city taxes. She also has concerns about schools and where they are going to be.

Chairman Bails closed the hearing to the public.

Commissioner Morris had a concern about properties privately owned being changed on this amendment.

Deputy City Attorney Blilie stated that privately owned properties have already been designated in the 2020 General Plan.

Chairman Bails reopened the hearing to the public.

SPEAKER: Phillip Arthur, 19730 W. Pinnacle Peak Road, wanted to know how his property got into the General Plan when they are surrounded by state land and not in the city. He doesn’t understand why the city is so ambitious to annex land when they can’t provide services to land already in the city.

Community Development Director Testa replied that under the growing smarter plus legislation, cities are mandated by state law to identify a planning area and plan for that entire area and then put it to a vote to the city residents, which is the General Plan.

SPEAKER: Tom Palola, 19820 W. Pinnacle Peak Road, had concerns about that industrial can go up around residential if there are houses now in an employment area.

Community Development Director Testa, replied that their needs are for buffering, as well as sewer, water and many other amenities needed for an employment area. The plan the city has developed has gone out to the year 2020 so this will not happen over night.

Chairman Bails closed the hearing to the public.

Vice Chairman Morris stated this amendment needed to be done because of growing smarter plus and the 2020 General Plan requires it.

E-2. Consideration and action on Application GPA01-78
The City of Surprise is requesting a Major Plan Amendment to the Surprise General Plan 2020, to request reconciliation and referencing of certain portions of the State Lands Conceptual Plan, within the Surprise General Plan 2020, consisting of approximately 6,074 acres of State Land property.  (Staff Recommendation - Approval)

Commissioner Truitt made a motion to approve Application GPA01-78. Vice Chairman Morris seconded the motion.

Motion passed. 5 Yeas, 1 Nay and 1 Absent.

VI. OPEN CALL TO THE PUBLIC:

(Note: During this time members of the public may address the commission on any items 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 the matter to be put on a future agenda. However, commissioners shall not discuss or take legal action on any matters raised.)

VII. CURRENT EVENTS REPORT BY THE CHAIRPERSON:

Chairman Bails reported that the commission attended the tour of Del Webb right before this meeting.

VIII. CURRENT EVENTS REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR:

IX. ADJOURNMENT:

There was no further business. On a motion duly made and seconded. Chairman Bails declared the meeting adjourned at 10:25 P.M.

Martha G. Bails, Chairman
Planning and Zoning Commission

Philip A. Testa, Director
Community Development