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PLANNING & ZONING COMMISSION
MINUTES

12425 W. BELL ROAD, SUITE D-100
SURPRISE AZ 85374
REGULAR MEETING
January 2, 2001
7:00 P.M.

I. CALL TO ORDER: 

Vice Chairman Creighton called the meeting to order at 7:00 P.M.

II. ROLL CALL: 

MEMBERS PRESENT:  Vice Chairman Karen Creighton, Commissioner Martha Bails, Commissioner Antonio Segarra, Commissioner Ken Senft, Commissioner Bob Gonzales,
Councilman Roy Villanueva.

STAFF PRESENT:   Interim Director of Community Development John Guenther, Deputy City Attorney Ted Mariscal, Senior Planner Scott Phillips, Planner Desmond McGeough, Planner Jim Atkins, Associate Planner Grant Penland, Administrative Assistant Jenifer O' Melia.

III. APPROVAL OF MINUTES:

Minutes of the December 19, 2000 regular meeting were approved.

IV. WITHDRAWALS AND CONTINUANCES:

V. NEW BUSINESS:

A-1. Public Hearing - Application CUP00-172
Greg McCumber, property owner is requesting consideration and action on a Conditional Use Permit for a garage addition located at 17047 W. Dale Lane. (McCumber Garage Addition)

Planner Penland made a presentation for Application CUP00-172. 
He stated that the addition emulates the single-family structure existing on the property.

Commissioner Segarra had concerns if the area of the this site is exempt from using tile roofs.

Planner Penland stated that tile roofs are not required.

Commissioner Senft wanted to know what type of finish on the block of the garage.

SPEAKER: Greg McCumber, 17047 W. Dale Lane, stated that the finish is paint and matches the house.

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

A-2. Consideration and action on Application CUP00-172
Greg McCumber, property owner is requesting consideration and action on a Conditional Use Permit for a garage addition.  (Staff Recommendation - Approval)

Commissioner Bails made a motion to approve Application CUP00-172, subject to stipulations a - e attached hereto as Exhibit A.
Commissioner Segarra seconded the motion.

Motion passed. 5 Yeas, 0 Nays, and 2 Absent.

B-1. Public Hearing - Application RS00-136
Charles McKinney of Ranch West Properties L.L.C., property owner is requesting consideration and action on a Rural Subdivision for a subdivision to be known as Heather's Place, located approximately 350 feet south of Dixileta Drive on the west side of 163rd Avenue.  (Heather's Place)

Planner McGeough made a presentation for Application RS00-136.

Commissioner Segarra had concerns regarding Chucks Trail and how the street will end.

SPEAKER: Charles McKinney, 9222 N. 51st Dr., stated that the street goes into a hammerhead, which was requested by the Fire Department.

Vice Chairman Creighton wanted to know if there was another access road for the west side lots. 

SPEAKER: Charles McKinney stated that there was no other access road.

Commissioner Segarra wanted to know if the applicant has received any comments from the Saguaro Acres Community Facilities District. He also had a concern with the narrative stating that there was an easement recorded in September and he wanted to know if this was done.

SPEAKER: Charles McKinney confirmed that he had received comments and forwarded the letter to planner McGeough. He stated the easement has been abandoned.

Commissioner Segarra was concerned with the closest Fire Station and where it was.

Planner McGeough confirmed that the closest Fire Station is located at Bell Road and Grand Avenue.

Interim Director of Community Development John Guenther stated that all new construction in the area would be required to have sprinklers.

Commissioner Senft had concerns with how the homes will be situated on the lots.

SPEAKER: Charles McKinney stated that the homes will have a fifty foot set back fronting 163rd Ave.

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

B-2. Consideration and action on Application RS00-136
Charles McKinney of Ranch West Properties L.L.C., property owner is requesting consideration and action on a Rural Subdivision for a subdivision to be known as Heather's Place. (Staff Recommendation - Approval)

Commissioner Bails made a motion to approve Application RS00-168, subject to stipulations a - g attached hereto as Exhibit B.
Commissioner Segarra seconded the motion.

Motion passed. 5 Yeas, 0 Nays, and 2 Absent.

C-1. Public Hearing - Application FP00-159
Tim Keenan of Surprise Village Company L.L.C., property owner is requesting consideration and action on a Final Plat for a subdivision to be known as Surprise Farms Phase 1A Map of Dedication, located south of Bell Road, north of Greenway Road, east of Cotton Lane, west of State Route 303. (Surprise Farms Phase 1A)

Planner Atkins made a presentation for Application FP00-159.

Vice Chairman Creighton wanted to know if this application was only a map of dedication.

Planner Atkins confirmed that this application is only for the necessary right of ways.

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

C-2. Consideration and action on Application FP00-159
Tim Keenan of Surprise Village Company L.L.C., property owner is requesting consideration and action on a Final Plat Map of dedication for a subdivision to be known as Surprise Farms Phase 1A. (Staff Recommendation - Approval)

Commissioner Segarra made a motion to approve Application FP00-159, subject to stipulations a - c attached hereto as Exhibit C. Commissioner Bails seconded the motion.

Motion passed. 5 Yeas, 0 Nays, and 2 Absent.

D-1. Public Hearing - Application FP00-84
Cynthia Paddock of David Evans & Associates Inc., on behalf of Elliott Homes, property owner is requesting consideration and action on a Final Plat for a subdivision to be known as Bell West Ranch Phase 1B consisting of 147 single family residential lots on 38.70 acres, located on the southeast corner of Union Hills and Cotton Lane. (Bell West Ranch - Phase 1B)

Planner McGeough made a presentation for Application FP00-84.

Vice Chairman Creighton had a concern regarding the project narrative in regards to the existing ditch being relocated or abandoned.

SPEAKER: Cindy Paddock of David Evans & Associates, 7878 N. 16th St., stated the ditch will be abandoned.

Commissioner Gonzales stated his concerns regarding the accuracy of the density calculations.

SPEAKER: Cindy Paddock stated that the calculations for density are based on lot closures, and that the net density represented was calculated as per the definition of the city code.

Vice Chairman Creighton had concerns in regards to this project coming in before the residential design guidelines had been adopted and does this project follow them.

Planner Phillips stated that this project has diversity and meets the intent of the design guidelines. 

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

D-2. Consideration and action on Application FP00-84
Cynthia Paddock of David Evans & Associates Inc., on behalf of Elliott Homes, property owner is requesting consideration and action on a Final Plat for a subdivision to be known as Bell West Ranch. (Staff Recommendation - Approval)

Commissioner Bails made a motion to approve Application FP00-84, subject to stipulations a - I attached hereto as Exhibit D. Commissioner Senft seconded the motion.

Motion passed. 5 Yeas, 0 Nays, and 2 Absent.

E-1. Public Hearing - Application FPA00-89
Lance Matthews of Coe & Van Loo Consultants, Inc. on behalf of 6 property owners within Happy Trails Resort, is requesting consideration and action on a Final Plat Amendment for a re-subdivision to be known as Happy Trails Resort number 3, lots 344-349, located north of Bell Road, south of Union Hills Road, and west of Cotton Lane. (Happy Trails Resort No. 3)

Planner Atkins made a presentation for Application FPA00-89.

Vice Chairman Creighton wanted to know if staff had a map, which the commission could use to compare the lots. She wanted to know if the application affects any infrastructure.

Planner Atkins stated that staff does not have a comparison map.
He stated that this application is to correct the lot lines and that it is just mathematical. He also stated that this project will not affect any infrastructure.

Vice Chairman Creighton opened the hearing to the public.

SPEAKER: Jim Price, 17200 W. Bell Rd. # 354, stated his concern with the public notice being unclear and not very well drawn.

SPEAKER: Joe Price, 17200 W. Bell Rd. # 337, stated his concern with the public notice being drawn badly.

Planner Atkins stated he did not have the actual current plat when he hand drew the public notice.

Commissioner Bails wanted to see the public notice. (Exhibit F)
She also wanted to know if the Legal Department sees the public notices before they are posted.

Deputy City Attorney Ted Mariscal stated that the Legal Department does not see the public notices prior to posting.

Commissioner Creighton closed the hearing to the public.

E-2. Consideration and action on Application FPA00-89
Lance Matthews of Coe & Van Loo Consultants, Inc. on behalf of 6 property owners within Happy Trails Resort, is requesting consideration and action on a Final Plat Amendment for a re-subdivision to be known as Happy Trails Resort number 3. (Staff Recommendation - Approval)

Commissioner Bails made a motion to approve Application FPA00-89, subject to stipulations a - c attached hereto as Exhibit E.
Commissioner Gonzales seconded the motion. 

Motion passed. 5 Yeas, 0 Nays, and 2 Absent.

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

VII. REPORT FROM PLANNING AND ZONING DEPARTMENT:

VIII. REPORT FROM PLANNING AND ZONING COMMISSION:

Councilman Roy Villanueva and Commissioner Bails were concerned with the public noticing.

Deputy City Attorney Ted Mariscal stated that there is no requirement for noticing a Final Plat.

Vice Chairman Creighton and Commissioner Bails had concerns with the public being able to understand the public noticing.

Interim Community Development Director John Guenther stated the public noticing is in legal text and possibly staff can add layman text to the public notices for the publics use.

Commissioner Bails wanted to know why the Commission keeps referring to CC&R's when the Commission has no control over the CC&R's.

Commissioner Bails stated that staff should not put items into the packets if they are incorrect and not applicable. She also stated she would like to have the minutes back to back on the pages.

IX. ADJOURNMENT:

There was no further business. On a motion duly made and seconded. Vice chairman Creighton declared the meeting adjourned at 8:15.

Carl Cox, Chairman 
Planning and Zoning Commission

John Guenther, Interim director
Community Development