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CITY OF SURPRISE

 

PLANNING AND ZONING COMMISSION

12425 West Bell Road, Suite D-100

Surprise, Arizona 85374

 

February 19, 2008

 

REGULAR MEETING MINUTES

 

CALL TO ORDER

 

Chair Jan Blair called the Planning and Zoning Commission Meeting to order at 6:00 p.m. at the Surprise City Hall, 12425 West Bell Road, Suite D100, Surprise, Arizona 85374, on Tuesday, February 19, 2008. 

 

ROLL CALL

 

In attendance with Chair Blair were Commissioners Matthew Bieniek, Ken Chapman, John Hallin, Robert Rein, Steve Somers, and Fred Watts. 

 

PLEDGE OF ALLEGIANCE

 

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.

 

Chairman Blair announced that Item 3, Surprise Farms Commercial Center, would be removed from the consent agenda.

 

Commissioner Chapman made a motion to approve the Consent Agenda.  Commissioner Rein seconded the motion.  The motion passed with a vote of 7 ayes.

 

·    Item 2*Planning and Zoning Commission Minutes for February 5, 2008.

 

·    Item 4*:  SP06-264 – Consideration and Action – SIERRA VERDE OFFICE CONDOS AND RETAIL, stipulations ‘a’ through ‘h.’

 

·    Item 5*:  RS07-412 – Consideration and Action – MAGNUM ESTATES, stipulations ‘a’ through ‘h.’

 

ITEM REMOVED FROM CONSENT AGENDA

 

·    Item 3*:  SP07-074 – Consideration and Action – Surprise Farms Commercial Center , stipulations ‘a’ through ‘k.’

 

Planner Bart Wingard presented the project to the Commission.  Staff recommended approval of SP07-074, Surprise Farms Commercial Center, subject to stipulations ‘a’ through ‘k.’

 

In response to Vice Chair Somers, Planner Wingard explained that the existing traffic signal needs to be removed when the intersection is completed; otherwise, the current signal would be too close to the signal at the new intersection (per ADOT’s requirements). 

 

Vice Chair Somers proposed (and applicant agreed) that the following stipulation be added:

 

Stipulation L:

 

Developer shall provide a temporary construction easement to ADOT

for Route 303 construction should it be requested.

 

Sean Lake, representing applicant, responded to Commissioner Rein, noting that the temporary easement is a bypass during construction of the bridge that will go over Bell Road.  Once the bridge is completed, Pad A will be developed. 

 

Vice Chair Somers made a motion to add Stipulation L Developer shall provide a temporary construction easement to ADOT for Route 303 construction should it be requested.  Commissioner Hallin seconded the motion.  The motion passed with a voice vote of 7 ayes.

 

Commissioner Hallin made a motion to approve SP07-074, Surprise Farms Commercial Center, subject to stipulations ‘a’ through ‘l’ as amended.  Vice Chair Somers    seconded the motion.  The motion passed with a vote of 7 ayes.

 

REGULAR AGENDA ITEMS REQUIRING A PUBLIC HEARING

 

Item 6: cup07-181 – Consideration and Action – La Petite Academy

 

Planner Lance Ferrell presented the project to the Commission.  Staff recommended denial of CUP07-181, La Petite Academy, subject to stipulations ‘a’ through ‘g.’

 

In response to Commissioner Watts, Planner Ferrell confirmed that the accident potential of aircraft is a primary concern.

 

In response to Vice Chair Somers, Planner Ferrell pointed out that a site plan would be generally permitted and voted on by the Commission. 

 

Bob Dubsky, representing Luke Air Force Base, explained that approving this project would impact the air base.  He added that they prefer that no schools be built within the 65 LDN noise contours. 

 

There is an LDN noise contour around the base and auxiliary field.  There are no schools in the LDN noise contour in Surprise. 

 

Chair Blair opened the meeting for public comment. 

 

Carolyn Lloyd, Surprise resident, commented as follows:

·    Lives in the Litchfield Manor District.

·    Does not have any objections to this school. 

·    Many children in the area that would make use of this academy. 

·    Does not understand the concerns with the safety issue. 

 

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

 

Joe Goforth, representing applicant, provided additional information and history of the project’s location.  He emphasized that the area is tremendously underserved for day care facilities.  He pointed out that the original site plan in 2003 was approved showing a daycare facility.  He submitted numerous petitions (Statement of Support) signed by residents in the surrounding neighborhoods.

 

In response to Commissioner Rein, Planner Ferrell stated that the nearest daycare is located on the southeast corner of Reems and Bell Roads. 

 

Planner Ferrell indicated that future projects would be considered on their own merit.   However, if this project were approved, it could set a precedent for future projects.  City Attorney Jim Gruber added that the Commission could possibly rule differently in the future on similar types of projects.   

 

In response to Commissioner Watts, Planner Ferrell replied that the city does not have a policy regarding the Ldn contour lines; rather, they look to Luke Air Force Base and the state statute for guidance.

 

Mr. Goforth disagreed with the city’s opinion; he stressed that this conditional use permit is not a prohibited use. 

 

Mr. Dubsky added that they do not interpret the statutes, their letters indicate that this project would create a problem for Luke Air Force Base. 

 

Commissioner Hallin made a motion to deny CUP07-181, La Petite AcademyCommissioner Watts seconded the motion.  The motion passed with a vote of 7 ayes.

 

 

It was determined that Items 7 and 8 will be presented together and voted on separately.

 

Item 7: gpa08-027 – Consideration and Action – Vistas Montanas

 

Planner Lance Ferrell presented the project to the Commission.  Staff recommended approval of GPA08-027, Vistas Montanas.

 

Item 8: pad07-185 – Consideration and Action – Vistas Montanas

 

Planner Lance Ferrell presented the project to the Commission.  Staff recommended approval of pad07-185, Vistas Montanas, subject to stipulations ‘a’ through ‘n.’

 

Andy Moore, representing applicant, provided additional information about the project, explaining the need for the minor general plan amendment.  He pointed out the various amenities, specifically noting the equestrian trails through the washes, the seven access points to the project, water concerns, and various transportation issues. 

 

In response to Commissioner Chapman, Associate Engineer Tracy Eberlein indicated that many studies have been completed that do show heavy traffic volumes on 163rd Avenue.  She emphasized that before construction can begin in this area, additional roads will need to be constructed.

 

Responding to Commissioner Chapman’s questions, Mr. Moore stated that a builder has not been identified and there will be a consistent theme throughout the project.  He noted that they will be working with the Nadaburg School District to design a school agreement.   

 

In response to Commissioner Hallin, Planner Ferrell explained that the PAD is the beginning of the process with the land entitlement.  There will be a preliminary plat in the future for the Commission’s review and vote.

 

Responding to additional questions from Commissioner Hallin, Mr. Moore noted that this project will not be a gated community.  Ms. Eberlein provided information about road improvements.  There was some discussion regarding the equestrian trails. 

 

Chair Blair opened the meeting for public comment. 

 

William Schoentrup, Surprise resident, voiced his concerns:

·    Losing water from his well because of this development.

·    Traffic flow.

 

Mr. Moore replied that they have no plans to drill wells in the area. 

 

Addressing the traffic flow issue, Mr. Moore responded that as each development begins, each applicant will be required to do their part in developing the streets throughout.

 

Abe Veidmark, Surprise resident, voiced his concerns:

·    Noise because of the major streets butting against the neighbor’s property.

·    Road improvements; ingress/egress.

·    Large community cut off from services because of road conditions.

·    Drilling of wells. 

 

After some discuss, it was determined that the developer will work with the neighbors to find remedies for their concerns.

 

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

 

In response to Vice Chair Somers, Mr. Moore indicated that they would like to build as soon as possible; however, this project is market driven.

 

Vice Chair Somers requested a change to Stipulation H by adding “approval is conditioned on verification…” to the existing stipulation wording.  Stipulation H now reads:

 

Approval is conditioned on verification of a City approved Integrated Water Master Plan (IWMP) and a guarantee of a 100-year assured water supply.

 

Commissioner Hallin made a motion to approve GPA08-027, Vistas Montanas.   Commissioner Watts seconded the motion.  The motion passed with a vote of 6 ayes and

1 abstained (Rein).

 

 

 

 

Commissioner Hallin made a motion to approve pad07-185, Vistas Montanas, subject to stipulations ‘a’ through ‘n’ as amended.  Commissioner Bieniek seconded the motion.  The motion passed with a vote of 6 ayes and 1 abstained (Rein).

 

PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT REPORT

 

Acting Community Development Director Kathy Rice mentioned that interviews did occur last week for the open Community Development Director position.  Two of the strongest candidates did find other employment; therefore, the search firm is currently looking for additional candidates.

 

OPEN CALL TO PUBLIC

 

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

Hearing no comments from the public, Chairman 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, Chairman Blair adjourned the regular Planning and Zoning Commission meeting, Tuesday, February 19, 2008, at 7:39 p.m.

 

STAFF PRESENT:

 

Assistant City Attorney Jim Gruber, Fire Marshall Doug Helbig, Assistant Fire Chief Clint Mills, City Engineer Tracy Eberlein, City Planner Adam Copeland, City Planner Lance Ferrell, City Planner Bart Wingard, City Planner David Neal, City Planner Dennis Dorch, Acting Community Development Director Kathy S. Rice, and Planning and Zoning Commission Secretary Carol Dager.

 

COUNCIL MEMBERS PRESENT:  Councilman John Williams

 

 

_______________________________________

Kathy S. Rice, Acting Director

Community Development Department

 

_____________________________

Jan Blair, Chairman

Planning and Zoning Commission