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MINUTES

 

PLANNING AND ZONING COMMISSION

                                                                               

12425 W. BELL ROAD, SUITE D-100

SURPRISE AZ  85374

 

REGULAR MEETING

 

July 15, 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 15, 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

 

City Council present: 

 

Mayor Joan Shafer, Vice Mayor Don Cox, Councilman Bob Vukanovich

 

 

PRESENTATION:

 

OLD BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING: n/a

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING: n/a

 

NEW BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING: 

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING: 

 

l        RZ03-188 – Consideration and Action – Rezone Sierra Verde

 

Planning Manager, Phillips, made a short presentation.

 

General discussion took place regarding the attorney general’s involvement; intention of rezone; changes to the Table of Uses; defining “other outdoor recreation”; malls and mini-storages; Luke’s influence on uses.

 

Acting City Attorney, Blilie, clarified for commission that staff did not need to get approval from the Attorney General’s office to go ahead with the rezoning; that the site is being rezoned to PAD and provides the uses listed under exhibit C.  The list provided is a comprehensive list containing many of those uses permitted under Table K of 28-8481; that the only difference between the two tables is that the compatible use table is the same as those used for Kenly Farms, also, it is no longer called PAD – Employment; that the following was deleted: Rail and rapid transit, industrial manufacturing, wood product, chemicals and allied product, petroleum refining and related industries, rubber and miscellaneous plastic, metal industries, correctional facilities all came out.  Also, under outdoor recreation, spectator sports including arenas, riding stables, resort and group camps, outdoor amphitheaters and music shows, livestock farming and animal breeding, mining activities, water areas not incidental to farming, all came out; what staff did was take the list of compatible uses under table K and then eliminated some of the uses that were not appropriate in the area; that the state does not define what they will be rezoned to, rather there is a list of compatible uses under the noise contours, and allowed the Council to pick and choose from the list.  The Council did that and eliminated some of the uses that they felt would not be compatible.

 

Commissioner Morris was uncomfortable about not having the opportunity to review the list.

 

Commissioner Gonzalez felt “other outdoor recreation” is too broad, that it should be eliminated from the list.

 

Applicant, Paul Gilbert, addressed this question, stating he preferred to keep that in, allowing for more options.  “Other outdoor recreational uses” could be: horseshoes in the park, a baseball diamond, or a soccer field.  All of these are “other outdoor recreational uses”, and are compatible with the JLUS.  He added that they were pleased to participate in the change of zone.  The Mayor’s office did call and make them aware that they are probably entitled to move forward with residential, which was the platting.  Mr. Gilbert wanted to go on record to say that they believed that they had the absolute right to develop residential.  But, wanting to make this a win-win situation, if allowing the elimination of the residential, then give the developer enough uses, give the base the compatible uses. 

 

Again, the applicant, Mr. Gilbert states, for the record, that they are in support of the rezoning application.  Went on to offer a clarification of a few things on the record:  The employment designation was changed because the uses contemplated are not just employment uses.  The majority are retail uses.  The ordinance drafted specifically references their understanding, which is those uses permitted under Title 17 of the Surprise Municipal Code.  The primary uses they will be looking at are C-1 and C-2 uses.  When they saw the draft, they did not believe that it accurately reflected the negotiations with the City.  Also, under design requirements, there is a development agreement under negotiation with the City, and there will be some consideration in the development agreement on the provision of design guidelines.  With that, they are pleased with the staff report.  In response to questions from the commission, Mr. Gilbert confirmed that a mall would be allowed.  He went on to point out on the overhead, that the dark shaded area is all open space buffer, which was part of the original PAD.  He clarified, for the commission, that, although not a specifically enumerated use under the compatible list, they intended to use a portion of the property for a mini-storage use.  They believe that it would be the perfect use under the JLUS, but because it wasn’t specifically enumerated, they wanted to go on record that they are interested in that use, also a bowling alley is possible in the area.

 

Acting City Attorney, Blilie, noted that the error regarding noise attenuation from homes would be corrected before it goes to Council.

 

Chairperson Senft asked for one clarification for legal, since the applicant wants to add the mini storage, would it be appropriate to add that now?

 

Acting City Attorney, Blilie, stated that the way state law reads is that you can do any use provided the Air Force approves of the use.  He did not want to add any other uses until contacting Luke.  The actual law is that if it is not on the list, then staff must go to the Air Force for approval.

 

Applicant, Gilbert:  “I do not want to be under obligation to go the Air Force for every use not on the list.  I don’t believe that another use, such as other retail trades, is specified to the point that it requires us to go to the Air Force if we wanted to open up, say, a popcorn shop.”

 

Mayor Shafer thanked staff and the developer for their cooperation.  She and LAFB are both impressed.

 

Closed the public meeting.

 

Segarra made a motion to recommend approval of Application RZ03-188, subject to stipulations a - b, attached hereto as Exhibit A.  Blair seconded the motion.  7 yes votes.  Motion carried.

 

OPEN CALL TO THE PUBLIC:

 

There were no public comments.

 

CURRENT EVENTS REPORT:

 

Chairperson and Commissioners: 

 

Community and Economic Development Director: 

 

ADJOURNMENT:

 

There was no further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 6:35 P.M.

 

           

__________________________              _________________________

Ken Senft, Chairman                                    Phillip Testa, Director

Planning and Zoning Commission              Community and Economic Development