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CITY OF SURPRISE

 

PLANNING AND ZONING COMMISSION

12425 West Bell Road, Suite D-100

Surprise, Arizona 85374

 

September 18, 2007

REGULAR MEETING MINUTES

CALL TO ORDER:

 

Vice Chair Jan Blair called the Planning and Zoning Commission Meeting to order at

6 p.m. at the Surprise City Hall, 12425 West Bell Road, Suite D100, Surprise, Arizona 85374, on Tuesday, September 18, 2007. 

 

ROLL CALL:

 

In attendance with Vice Chair Blair were Commissioners Richard Alton, Jesse Conn, John Hallin, Steve Somers and Fred Watts.  Chairman Truitt was absent.

 

PLEDGE OF ALLEGIANCE:

 

CURRENT EVENTS REPORT: 

 

Director Scott Chesney announced that staff was made aware that one of the signs advertising the general plan amendment for BNSF incorrectly noted tonight’s meeting place as Willow Canyon High School.  Therefore, staff requests that agenda Item 11, GPA07-235, BNSF Commercial Major General Plan Amendment, be continued to October 2, 2007.  He indicated that the signs will be changed to reflect the updated information.  No questions will be asked or answered at tonight’s meeting; however, any speaker slips that were submitted will be held for the next meeting.

 

CONSENT AGENDA:

 

All items listed with an asterisk (*) are considered to be routine by the Planning and Zoning Commission and were approved by one motion.  There was no separate discussion of these items during this meeting.

 

Commissioner Hallin requested that Item 4, SP07-226, Stadium Village Residences, be removed from the Consent Agenda.

 

Commissioner Watts made a motion to approve the Consent Agenda, with Item 4 being removed.  Commissioner Alton seconded the motion.  The motion passed with a vote of 6 ayes, 1 absent (Truitt).

 

·    Approved Item 2*:  Planning and Zoning Commission Minutes for

August 21, 2007 and Planning and Zoning Commission Workshop

Minutes for August 21, 2007

 

·    Approved Item 3*:  SP07-123 – Consideration and Action – Fire Station 307 Greer Ranch, Stipulations ‘a’ through ‘j.’

 

·    Approved Item 5*:  TA07-207 – Consideration and Action – Sign Text Amendment.

 

ITEM REMOVED FROM CONSENT AGENDA

 

·    Item 4*:  SP07-226 – Consideration and Action – Stadium Village Residences, stipulations ‘a’ through ‘u.’

 

In response to Commissioner Hallin, Planner Copeland replied that the total calculation of parking in the plan includes surface parking, as well as garage parking for the tenants.  There are 73 spaces of on-street parking that can be used for guests.  He committed to updating the document to reflect all parking spaces. 

 

Commissioner Somers made a motion to approve SP07-226, Stadium Village Residences, stipulations ‘a’ through ‘u.’   Commissioner Hallin seconded the motion.  The motion passed with a vote of 6 ayes, 1 absent (Truitt).

 

REGULAR AGENDA ITEMS REQUIRING A PUBLIC HEARING 

 

Item 11:  GPA07-235 – Consideration and Action – BNSF Commercial Major General Plan Amendment

 

Commissioner Alton made a motion to continue GPA07-235, BNSF Commercial Major General Plan Amendment to October 2, 2007.   Commissioner Watts seconded the motion.  The motion passed with a vote of 6 ayes, 1 absent (Truitt).

 

Item 6:  GPA07-078 – Consideration and Action – City Initiated General Plan Text Amendment

 

Planner David Neal presented the project to the Commission.  Staff recommended approval of GPA07-078, City Initiated General Plan Text Amendment.   

 

In response to Commissioner Watts, Director Chesney explained that a portion of this amendment is designed to provide flexibility rather than being restrictive in when reports can be presented.

 

Commissioner Alton suggested that the new policy indicate that reports should be available not less than every three months. 

 

Commissioner Alton made a motion to approve GPA07-078, City Initiated General Plan Text Amendment.   Commissioner Watts seconded the motion.  The motion passed with a vote of 6 ayes, 1 absent (Truitt).

 

Item 7:  GPA07-201 – Consideration and Action – Churchill South Major General Plan Amendment

 

Planner Vineetha Kartha presented the project to the Commission.  Staff recommended approval of GPA07-201, Churchill South Major General Plan Amendment.   

 

Bill Lally, Withey Morris, provided a brief overview of the project, specifically noting a noncontiguous 4.83-acre parcel that they would like included in the GPA.

 

In response to Commissioner Hallin, Director Chesney stated that the applicant requested that the smaller parcel be considered; however, staff recommends excluding the noncontiguous 4.83-acre parcel. 

 

In response to Commissioner Watts, Planner Kartha pointed out the various uses of the surrounding properties.

 

In response to Commissioner Alton, Planner Kartha noted that the land southeast of Dixileta Drive is vacant land. 

 

In response to Commissioner Somers, Director Chesney commented that the transportation and population projections indicate that there may be a future need for a traffic interchange at 203rd and Grand Avenues, which would change the land uses in the area.

  

Vice Chair Blair opened the meeting for public comment. 

 

Joseph Benaduc, Wittmann resident, voiced his concern as follows:

·       Losing value of homes if the property is zoned for commercial

·       Wants to live where it is quiet

·       Does not want this project

 

Paul Kudel, Wittmann resident, voiced his concern as follows:

·       Does not think this is a good plan. 

·       Website talks about controlled growth; quaint villages; small town atmosphere.

·       This will look like another Bell Road.

·       Wouldn’t it be a good idea to have the quaint village in Wittmann?  

·       Is water and sewer already available; because report states that the existing water and sewer will be used? 

 

Hearing no further comments from the public, Vice Chair Blair closed the public hearing.

 

Responding to Commissioner Alton, Director Chesney indicated that this major general plan amendment suggests that some version of commercial use is appropriate for this area.  He explained what might happen after approval of the GPA, such as submittal of a site plan which would require an approval from the Planning and Zoning Commission.  He stressed that there is no commitment to the type of intensity of development at this stage.

 

In response to Commissioner Hallin, Director Chesney explained that this parcel has split zoning.  Mr. Lally presented a board that showed the various existing zoning for the particular parcel.  He noted that developers have a limited amount of commercial along Grand Avenue and bringing this amendment forward gives them the ability to design the entire site and provide appropriate buffers between commercial and rural residential.

 

Commissioner Somers made a motion to approve GPA07-201, Churchill South Major General Plan Amendment.   Commissioner Watts seconded the motion.  The motion passed with a vote of 6 ayes, 1 absent (Truitt).

 

Item 8:  GPA07-211 – Consideration and Action – Broadstone Ranch Major General Plan Amendment

 

Planner David Neal presented the project to the Commission.  Staff recommended approval of GPA07-211, Broadstone Ranch Major General Plan Amendment, subject to stipulation ‘a.’   

 

Mark Reddie, LVA Urban Design, provided a brief background on the project, noting that this project has been in process since 2003.  It is a joint development project between Elliott Homes and the State Lands Department. He went through the various steps taken, working with the City and preparing a Development Agreement.    

 

Mr. Reddie pointed out that City staff is recommending that a stipulation be added; however, he is concerned about due process.  He stressed that if the stipulation is added, they could be liable if someone challenges it.  He emphasized that he does not feel that it is appropriate to tie the stipulation to their application.  He asked that the stipulation not be added to the motion. 

 

After further discussion and in the interest in keeping the project on track, Director Chesney agreed to remove stipulation ‘a.’ 

 

Vice Chair Blair opened the meeting for public comment.  Hearing no comments from the public, Vice Chair Blair closed the public hearing.

 

Commissioner Alton made a motion to approve GPA07-211, Broadstone Ranch Major General Plan Amendment with no stipulations.  Commissioner Watts seconded the motion.  The motion passed with a vote of 6 ayes, 1 absent (Truitt).

 

Item 9:  GPA07-221 – Consideration and Action – Schuff Properties Major General Plan Amendment

 

Planner Vineetha Kartha presented the project to the Commission.  Staff recommended approval of GPA07-221, Schuff Properties Major General Plan Amendment.   

 

Paul Gilbert, Beus Gilbert, provided an overview of the project, specifically noting that the applicants disagree with a change in the land use designation.  Rather than the mixed use designation, they feel that commercial is a more appropriate land use.

 

Director Chesney explained that staff’s recommendation for mixed use does not preclude future commercial use.  This project is adjacent to residential, as well as Prasada and staff feels that the mixed use is appropriate. 

 

In response to Commissioner Alton, Director Chesney noted that the proposed hospital is located to the east of Cotton Lane.  Mr. Gilbert stated that being this close to a hospital, they felt that commercial is an appropriate use.  Typically with a mixed use, there is some multi-family use; however, we do not feel this is suited for multi-family.  Multi-family up against the single-family will probably be difficult.  He emphasized that the applicants are adamant about leaving it only commercial. 

 

Responding to Commissioner Somers, Director Chesney replied that in the site planning and zoning process, much could be done to mitigate commercial impacts. 

 

In response to Vice Chair Blair’s question regarding the difference in the language on the agenda with indicates the land use change is from low-density residential to commercial and the staff report which recommends a change to mixed use, Attorney Gruber recommended that the Commission consider the agenda wording be considered when making a motion.

 

In response to Commissioner Hallin, Mr. Gilbert noted that a neighborhood meeting was held with only two residents attending.  

 

Vice Chair Blair opened the meeting for public comment. 

 

George Branbury, one of the applicants, stated that part of this property is already zoned C3 in the county.  He mentioned that the applicants have been working with the City for over a year to bring in more revenue; they wanted us to come into the City as commercial.  

 

Hearing no further comments from the public, Vice Chair Blair closed the public hearing.

 

Vice Chair Blair made a motion to continue GPA07-221, Schuff Properties Major General Plan Amendment to October 2, 2007.    Commissioner Alton seconded the motion.  The motion passed with a vote of 5 ayes, 1 no (Alton), 1 absent (Truitt).

 

Item 10:  GPA07-223 – Consideration and Action – Zanjero Trails Major General Plan Amendment

 

Planner Vineetha Kartha presented the project to the Commission.  Staff recommended approval of GPA07-223, Zanjero Trails Major General Plan Amendment, subject to stipulations ‘a’ through ‘c.’   

 

Planner Kartha read the changes to the stipulations:

 

a.      The first row of development adjacent to the Beardsley Canal within the suburban residential land use classification that is directly west of Waddell Haciendas as proposed in the project shall be further restricted to a density of 1 du/ac. The overall density for the entire development in the suburban residential category directly west of Waddell Haciendas shall have a density no greater than the density as approved by Maricopa County.  

 

b.      Design enhancements to facilitate wildlife shall be required.

 

c.      Any development shall ensure that the historical sites that have been assigned Arizona State Museum (ASM) site numbers are addressed to the satisfaction of State Historic preservation Office (SHPO).

 

Stephen Anderson, applicant, provided information about the project, noting that they have been working on the project since 2002. 

 

Mr. Anderson indicated that they are not sure how to comply with stipulation ‘b.’

 

 

It was determined to modify stipulation ‘b’ as follows:

b.      Design enhancements to facilitate wildlife shall be considered with future submittals.

 

Vice Chair Blair opened the meeting for public comment.

 

Bob Carlisle, Surprise resident, voiced his concern as follows:

 

·       Wildlife situation

·       Water

·       Would like the land stay as it is or very light density

·       Fighting this for some time.

·       Preserving the White Tanks

 

 Hearing no further comments from the public, Vice Chair Blair closed the public hearing.

 

In response to Commissioner Hallin, Mr. Anderson responded that the densities match the adjacent properties.  He also explained the buffer area, including the canal, trails, and open space.  Director Chesney asked that the first row of lots be compatible with the Waddell Haciendas. 

 

Commissioner Somers made a motion to approve GPA07-223, Zanjero Trails Major General Plan Amendment, subject to stipulations ‘a’ through ‘cwith a modified stipulation ‘b.’    Commissioner Conn seconded the motion.  The motion passed with a vote of 5 ayes, 1 no (Blair), 1 absent (Truitt).

 

OPEN CALL TO PUBLIC:

 

Vice Chair Blair called to the public to discuss any issues not noted on the agenda. 

 

Elizabeth Oldham, Wittmann resident, questioned the legality of the meeting because one of the posted signs showed the location for the meeting as Willow Canyon High School.  Although not required to respond to questions in this portion of the meeting, Attorney Gruber replied that the meeting is legal.  As additional questions were asked, Director Chesney emphasized that the public notification was conducted as required by Arizona State Statute, noting that the signs were additionally used but not required.  He explained that while all other signs in the area were posted accurately, the sign with the incorrect information was posted near the BNSF project; therefore, it was decided to continue the BNSF item to the next meeting.

 

Hearing no further comments from the public, Vice Chair Blair closed the call to the public.

 

CURRENT EVENTS REPORT:   None

 

 

 

 

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.

 

No request was made to call for an executive session.

 

 

ADJOURNMENT:

 

Hearing no further business, Vice Chair Blair adjourned the regular Planning and Zoning Commission meeting, Tuesday, September 18, 2007 at 7:45 p.m.

 

STAFF PRESENT:

 

Assistant City Attorney Jim Gruber, Fire Marshall Doug Helbig, City Planner Vineetha Kartha, City Planner David Neal, City Planner Adam Copeland, City Planner Lance Ferrell, City Planner Bart Wingard,  Planning & Development Services Manager Berrin Nejad, Planning and Community Development Director Scott Chesney, and Planning and Zoning Commission Secretary Carol Dager.

 

COUNCIL MEMBERS PRESENT:  None

 

OTHER ELECTED OFFICIALS:  Senator Jack Harper, Legislative District 4

 

 

 

 

_______________________________________

Scott R. Chesney, AICP, Director

Planning & Community Development Department

 

 

_____________________________

 Jan Blair, Vice Chairman

 Planning and Zoning Commission