AND ZONING COMMISSION
12425 W. BELL ROAD, SUITE D-100
SURPRISE AZ 85374
July 15, 2003
Call to Order:
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
Attorney, Jeff Blilie; Community and Economic Development Director, Phil
Testa; Planning Manager, Scott Phillips
Mayor Joan Shafer, Vice Mayor Don Cox, Councilman Bob Vukanovich
ITEMS NOT REQUIRING A PUBLIC HEARING: n/a
ITEMS REQUIRING A PUBLIC HEARING: n/a
ITEMS NOT REQUIRING A PUBLIC HEARING:
ITEMS REQUIRING A PUBLIC HEARING:
Consideration and Action – Rezone –
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
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
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.
“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
Mayor Shafer thanked staff and the developer for their
cooperation. She and LAFB are both
Closed the public meeting.
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
There were no public comments.
CURRENT EVENTS REPORT:
Community and Economic Development Director:
There was no further business.
On a motion duly made and seconded, Chairperson Ken Senft declared the
meeting adjourned at 6:35 P.M.
Planning and Zoning
Commission Community and