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12425 W. BELL ROAD, SUITE D-100





July 8, 2003

6:00 P.M.


Call to Order:

Roll call:


Chairman Ken Senft called the Regular Planning and Zoning Commission Meeting to order at 6:00 p.m. at the Surprise City Hall – 12425 West Bell Road, Suite D-100, Surprise, Arizona 85374, on Tuesday, July 8, 2003.  Also in attendance with Chairman Ken Senft were:  Vice Chairman Dan Morris, Commissioners Jan Blair, Tony Segarra, Bob Gonzales, Randy Nachtigall, and Mike Woodard. 


Staff Present:


Acting City Attorney, Jeff Blilie; Community and Economic Development Director, Phil Testa; Planning Manager, Scott Phillips; Planner, James Atkins; and Planner, Desmond McGeough.


City Council present: 


Mayor Joan Shafer and Vice Mayor Don Cox.



·        Approval of Planning and Zoning Meeting and workshop minutes of June 17, 2003 

Blair made a motion to approve the June 17, 2003, minutes, with the correction of an error.  Segarra seconded the motion.  5 yes votes.  2 abstained (Nachtigall and Woodard).  Motion carried.     




Commission members were read the Oath of Office and sworn in by Acting City Attorney, Blilie.














·        CUP03-124 – Consideration and Action – Conditional Use Permit – Master Sign Program for Best Inn, Quality Inn, and Baker Brothers


Planning Manager, Phillips, gave presentation.  


General discussion took place regarding signage location; visibility; and position of sign signaling a turn off of Bell Road. 


Staff responded that signage as presented will not impede traffic visibility and a right turn off of Bell will lead customers to businesses as is desired.   It was also noted that the numbering on the monument sign is acceptable to the applicants.


There were no public comments.


Segarra made a motion to approve the Application CUP03-124, subject to stipulations a – g, attached hereto as Exhibit A.  Blair seconded the motion.  7 yes votes.  Motion carried.     


·        PP03-141 – Consideration and Action – Preliminary Plat – Surprise Farms, Phase II


Planner, McGeough, gave the presentation.


General discussion took place regarding ingress and egress; open space; traffic congestion on Bell Road; options to alleviate anticipated congestion; fire access concerns; possible use of Greenway as an egress; Cotton Lane not being wide enough; who pays for development of roads; the need of a connection to the south of site; and the importance of walkable communities vs. dealing effectively with the population/traffic problems inherent with the City’s tremendous growth.


Applicant, Tim Keenan, pointed out the all weather access road to the High School and noted the addition of the traffic light signal that will help handle the traffic to the school and the access through Cotton Lane will also help.  In regards to commission concern about emergency access, Mr. Keenan noted that engineering and fire department okay with the all-weather roadway.


Fire Chief, Mike White, confirmed that the development is in compliance with international fire code and that the all weather access road is a plus and that the development has provided the necessary access to the subdivision.


Commissioner, Gonzales, noted that Cotton Lane width has been decreased; that Greenway should be a main thoughfare between Cotton Lane and the 303; that 175th should be open to Greenway.  Citrus should also be open. 


CD Director, Testa, advised that Sierra Montana would be improving Greenway to the canal – two lanes with a center lane only.  Commission didn’t feel this would be wide enough.  Testa stated that Sierra Montana reconfigured based on direction from commission and council


Planning Manager, Phillips, stated the ROW would be dedicated – 110 feet of ROW.  South half will be constructed by Sierra Montana.  1995 agreement:  developer was not obligated to build Greenway.  Two sections:  will be enhanced by builder to the south.  City may be responsible for costs but have impact fees, different ways to fund development, in place.  Agrees that Greenway will warrant four lanes once the area is all built out.  In response to a question from the commission about opening 175th Ave., Planning Manager, Phillips, stated staff is making a good faith effort with applicant to establish Citrus Road as a minor arterial. 


Opened discussion to public.  Speakers were: Mayor, Joan Shafer; Vice Mayor, Don Cox; Linda Wilbourne, 17842 W. Arizona Dr.; Ron Poole, 17679 W. Sammy Way; Jerry Carney, 17988 W Deneen Way; John Wachter, 17862 W. Camido Perl Dr.; Bill Shiflet, 12669 W. Sammy Way; David Lehmberg, 17314 N. Thornberry Dr.; Floyd Livingston, 17407 N. White Tank Vista Dr.


Concern focused on increased traffic flow onto Bell Road due to the opening of Willow Canyon High School and how this would impact Arizona Traditions specifically and the city overall.  Options to alleviate congestion were discussed.  175th Ave, Citrus and Cottonwood to Greenway were discussed to get some of the school-related traffic off of Bell Road.  Vice Mayor, Don Cox, agrees that the roads need to punch through, of course.  He believes staff and developers were working together, that Builders want to do the right thing.  He has faith in product and developer.  The consensus was to postpone any action on project until the traffic congestion issue is resolved.


Developer, Rick West, reiterated that the PAD was passed/approved in 1995; that the agreement involved Arizona Traditions and the approval for seven thousand homes; agreement good for 25 years; High School and two grade schools dedicated; stated that the issue of Greenway not being penetrated was well documented; a third elementary school and city park has since been dedicated; ROW for Cotton Lane is NOT any different; the traffic calming device of keeping roads narrow was a decision of staff; desire to keep traffic down in family communities.  175th already dedicated – cannot go back on.  As far as possible penetration of Greenway – developer is not obligated but open to discussion.  Does not feel this should hold up this project.  He feels the Master plan communities are superior; that he is sticking with original vision; that he is supportive of lower densities but road connection to 175th Ave. is NOT an option. 


Closed public hearing.


CD Director, Testa, confirmed that staff has been working with developer on these issues and working on an agreement for a road to penetrate Greenway to the south. 


Planning Manager, Phillips, spoke of the PAD being approved in 1995 and the importance of adhering to creating a community friendly/pedestrian friendly environment.  It is consistent with PAD and the developer was considerate in concessions made to the development.  Access issue is being worked on.  PAD is approved.  Commission is obligated to stick with ordinance as approved.  A walkable community is a priority of commission and council.  A roadway constructed in a straight shot through the community is not appropriate.  Citrus road alignment gives access for residents to get out to main arterials


Regarding a question about the maintenance of the park:  City will maintain the park and applicant noted roads to be built around the park.


Blair made a motion to continue the Application PP03-141 to the August 5, 2003, meeting.  Segarra seconded the motion.  7 yes votes.  Motion carried.



·        PP03-143 – Consideration and Action – Preliminary Plat – Capitan at Sun City Grand


Planning Manager, Phillips, gave the presentation.


General discussion took place regarding: ADOT concerns about sound attenuation and, in an attempt to anticipate problems, how staff must review/increase setback requirements to handle issues in the future.


Planning Manager, Phillips, believes the ADOT letter is simply clarifying the issue for development. 

Acting City Attorney, Blilie, stated that developers are already addressing the issues, meeting all requirements at the time. 


There were no public comments.


Blair made a motion to recommend approval of Application PP03-143, subject to stipulations a – h, attached hereto as Exhibit B.  Nachtigall seconded the motion.  7 yes votes.  Motion carried.



·        CUP03-145 – Consideration and Action – Conditional Use Permit – Auxiliary Garages at Mountain Gate


Planner, Atkins, gave the presentation.


General discussion took place regarding:  concern on impact of water and sewer usage if this (212 lots) were to be fully utilized; adding stipulation that construction of auxiliary structures must be at same time home is built; dimension/height of structures; concern about casitas; stipulations added to clarify casitas not to be used as permanent residences and no 220V service.


Applicant, Paul Gilbert, stated that not everyone would exercise this option.  If purchaser decides, after the fact, to build the auxiliary structure they will need to apply for the CUP.  What is before commission now only adds to quality of the development.  No prohibition of parking a RV on their property.   Elevations will match the homes.


Acting City Attorney, Blilie, reiterated that casitas are not to be used as permanent living quarters.  Ordinance allows a microwave, etc. but NO 220V electricity – no full stove. Casitas shall not contain a stove.  HOA will handle length of stays allowed with by-laws. 


There were no public comments.


Morris made a motion to approve the Application CUP03-145, subject to stipulations a – k (with i, j, and k added), attached hereto as Exhibit C.  Senft seconded the motion.  7 yes votes.  Motion carried.     


·        RZ03-173 – Consideration and Action – Rezone – Kenly Farms, Phase II


Planning Manager, Phillips, gave the presentation.


General discussion took place regarding how an employment PAD encompasses all the uses noted on Table of Compatible Uses provided by staff; legal repercussions to rezone; direction from attorney general; and application of design guidelines on development.


Acting City Attorney, Blilie, stated the City was initiated the rezone on instruction from the attorney general and that the City anticipates legal action; that the application is compliant with the general plan and is not establishing policy.


Applicant, Mike Curley, representing the Kenly family, presented the family’s opposition to the stance taken by the City.  His clients feel this parcel got unfairly embroiled in the Luke headlines – that political heat burned this project down; that Federal and state officials are ignorant of the legal consequences that the city will face because of this action, costing million of dollars; how the finger was pointed at the City of Surprise as the bad guy.   His clients are opposed to the rezoning case for the following reasons: no market for employment.  Stated how his client made many concessions and spent money and made agreements to appease some of the issues.  Secondly, his clients feel this project was treated differently than other cases.  Reminded commission that commission approved preplat; that Council continued the preplat without reason, stripping his client of his right to develop the project.  Lastly – from a rezone application standpoint:  staff deviated from standards that are imposed on applicants; submittal requirements ignored, pushed rezone through the process.


Acting City Attorney, Blilie, acknowledged the similarities between Kenly Farms and Mountain Gate but emphasized the difference was the date of the projects.  Mountain Gate beat the ‘kill’ date.


Opened public hearing.


David Smith, longtime resident of area, expressed his concern about unsavory commercial developments cropping up near his home, such as bars and salvage yards, etc.


Closed public hearing.


Blair made a motion to recommend approval of Application RZ03-173, subject to stipulation a, attached hereto as Exhibit D.  Woodard seconded the motion.  6 yes votes.  1 no vote.  Motion carried.





There were no public comments.




Chairperson and Commissioners: 


Commissioner Segarra requested a workshop be set up with Rich Williams regarding potable water.


Chairperson Senft spoke of a team mentality; maintaining an open line of communication; clearly understanding all issues before voting; and actively staying in touch with staff and with council.


Community and Economic Development Director: 


CD Director, Testa, noted the Pledge of Allegiance would be added to the agenda.


The Arizona Planning Association Annual Conference in Glendale, will be taking place October 15 – 17th.  Testa told commissioners that the City would pay registration for anyone who can attend.  Valuable learning experience. 


Also noted was a three – four hour session scheduled this fall with the AZ Dept. of Commerce.  Staff will keep commission posted on development.


Mayor also proposed a scheduling a retreat for commission and council to discuss issues in planning. 


Suggestions for workshops are welcome and expected.




There was no further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 8:55 P.M.



__________________________              _________________________

Ken Senft, Chairman                                    Phillip Testa, Director

Planning and Zoning Commission              Community and Economic Development