View Other Items in this Archive | View All Archives | Printable Version

MINUTES

 

PLANNING AND ZONING COMMISSION

                                                                               

12425 W. BELL ROAD, SUITE D-100

SURPRISE AZ  85374

 

REGULAR MEETING

 

May 6, 2003

6:00 P.M.

 

Call to Order:

Roll call:

 

Chairman Martha Bails 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, May 6, 2003.  Also in attendance with Chairman Bails were: Commissioners Ken Senft, Lyn Truitt, and Jan Blair.  Vice Chairman Dan Morris and Commissioners Tony Segarra and Bob Gonzales were absent.

 

Staff Present:

 

Deputy City Attorney, Jeff Blilie; Assistant City Manager, Phil Testa; Community Development Director, Scott Phillips; Planner, Grant Penland; Planner, Andy Jochums; Planner, James Atkins; and Planning Tech, Stephanie Wilson.

 

·        Approval of Planning and Zoning Meeting Minutes of April 15, 2003 

Blair made a motion to approve the April 15, 2003, minutes.  Senft seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.     

 

PRESENTATION:

·        Discussion and possible direction regarding revising Residential and Commercial Setback Requirements

 

Community Development Director, Phillips, asked that this item be moved to the end of the meeting. 

                                                                       

OLD BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING:

 

·        SP03-109 Consideration and Action – Site Plan – Stadium Village

 

Commission Chairman Bails, asked that this item be moved to the top of the agenda and made a motion requesting an executive session seeking legal advice.  Blair seconded the motion.  Commission members present and Deputy City Attorney, Blilie, Assistant City Manager, Testa, and Community Development Director, Phillips, adjourned to the executive session at 6:05 pm.  Members and staff returned to Planning and Zoning Commission meeting at 6:10 pm.

 

Director, Phillips, gave the presentation.

 

General discussion took place regarding the importance of making the site visually enticing; keeping people visiting the stadium in the area utilizing the services offered; making the scene inviting for pedestrians; and letter from Luke regarding open space and densities.

 

Deputy City Attorney, Blilie, pointed out for the record that what the commission was reviewing is a site plan approval for the Stadium Village project.  The current zoning of this site is actually an amendment to the existing zoning made to accommodate these specific uses.  Zoning was very, very specific for the type of uses; specific about the number of residential units, in fact, a minimum # of 350 residential units was given for the developers in Parcels 6 & 7.  Also called for specific commercial users that are to be incorporated into the development.  The task before the commission regarding the Stadium Village project is to review the site plan to ensure that it is consistent with the approved zoning and that it adheres to existing ordinances, rules, and regulations of the City.  Land use and density issues are not appropriate criteria to evaluate a site plan with.  Those issues were dealt with at the time of zoning.  When the City Council adopted the PAD amendment, they gave staff and commission clear direction as to what type of uses they wanted to see on the property.  Planning and Zoning commission task is an administrative review of the site plan only to ensure that it is consistent with approved zoning, the policies of Council, and that it adheres to existing ordinances, rules, and regulations of the City.

 

Director, Phillips, reiterated that staff believes the intent of the property and the applicant is clear.  The overall concept of “Live, Work, and Play” on a single site to compliment the spring training facility and the investment the City of Surprise has made in that area; the design criteria; and, that it is the intent of the applicant to address the minor comments by commission related to design and the wrapping around some of the residential on the south side, creating an urban presence along Paradise Lane, in an amendment to the site plan. Once users are established for the parcels, these issues can be further addressed but it is clearly the intent of the applicant to work with the commission suggestions.

 

Commissioner Truitt encouraged the idea of the urban presence on Paradise Land and pressed the importance of a visually enticing area that will encourage pedestrian traffic and have people leaving their cars to walk over and visits shops and restaurants in the Stadium Village area.

 

Director, Phillips, said it depends on the actual users but the intent of the developers is to establish this first floor retail concept with second floor residential.

 

Commissioner Senft addressed the letter from Luke and their concerns regarding open space and high densities.

 

Director, Phillips, made two points:  the first being that, at the time of the general plan amendment and the rezone, there was specific areas designated for residential and specific areas for commercial.  Staff and the commission must follow the land use pattern as approved by the City Council.  Secondly, when this was the Orchards project, it was entirely single-family residential, solid residential down to Greenway Road, with little open space.  As is, the project now has 135 acres of open space with the stadium and the fourteen practice fields.  In essence, the density has been transferred away from the noise contour line as a whole.  Staff feels the applicant, and the city, has addressed the density transfer issue and the open space issue with the combination of the 135 acres spring training facility and the 85-acre park.

 

Truitt made a motion to approve Application SP03-109, subject to stipulations a – j, attached hereto as Exhibit A.  Blair seconded the motion.  3 yes votes.  1 no vote.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.     

 

·        SP03-009 Consideration and Action – Site Plan – SWC Of Bell Rd and West Point Parkway

 

Planner, Penland, gave the presentation.

 

General discussion took place in the discussion of the next item, Cobblestone Auto Spa.

 

Truitt made a motion to approve Application SP03-009, subject to stipulations a – n, attached hereto as Exhibit B.  Blair seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.     

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING:

 

·        CUP03-095 Consideration and Action – Conditional Use Permit – Cobblestone Auto Spa

 

Planner, Penland, gave the presentation.

 

General discussion took place regarding hours of operation; praise of landscaping; decision not to use angle parking; economic development issues; and the setback and buffer on the south side.

 

Applicant, Mike Curley, made a presentation.  The C-store is a 24-hour operation but the car wash will not be.  He brought three items directly to the attention of the commission:  (1) the extensive and purposeful landscaping by the developer;  (2) that the owners are ‘well-seasoned’ and have been in the business for a long time; and, (3) competition between similar type users cannot be made an issue.  His client is applying for a conditional use permit. 

 

Commissioner Truitt recognized that his concern over the grouping of similar type businesses together is an economic development issue, not a planning and zoning issue.  He asked if it was something the city should be looking at - where businesses are located and does grouping similar type users together serve the city’s best interests.

 

Deputy City Attorney, Blilie, said the city couldn’t regulate uses on market.  Decisions are based on safety, health, and welfare issues and whether or not a project meets all rules and regulations regarding design, etc. as required by city code.  It is beyond the scope of the P&Z commission to make the motion to regulate zoning for economic reasons.

 

Commissioner Truitt asked about the setback on south side and what’s being done to buffer the residential area there.

 

Planner, Penland, told the commission that the project meets minimum setbacks, and he also noted, again, substantial amount of landscaping that will serve as additional buffer.

 

Chairman Bails opened the item for public comment for application CUP03-095 –Cobblestone Auto Spa.  Barry Bennett, 9342 N Fanfol Dr.; Jeff Kotchka, 17070 N 134th Dr.; and Nichole Kotchka, 17070 N. 134th Dr. gave presentations.

 

Speaker, Barry Bennett, spoke of being confused and concerned about how this project had come this far.  Concerned about the City of Surprise approving a master plan that would place like kind uses within such a small area; industrial standards suggests a four (4) mile radius between users; and that the city should be concerned about the long term viability of uses being approved.  Enough residential to support existing car wash.  Suggested limiting the new user to being a self-serve facility.

 

Speaker, Jeff Kotchka, agreed with Bennett.  Another full service carwash is too close; will be devastating financially to his business (TNT Carwash).  Provided a copy of a letter from his loan company noting the stipulation to their SBA loan that not too many carwashes are located in the vicinity, to ensure the success of the business.  Suggested a distance of 3-4 miles apart to ensure success for company owners.  Mr. Kotchka handed in a list of signatures from customers objecting to the proposed location of the project.

 

Speaker, Nicole Kotchka, feels their family-owned carwash serves the needs of the community and that another carwash is not necessary.

 

Public hearing closed.

 

Applicant, Mike Curley, verified with staff that the use permit of Bennett’s is expired.  Reiterated that commission cannot take competition into account when choosing to approve or deny the application.  Competition will increase level of service and modify costs.  Dangerous for commission to base decision on this criteria.  In response to the commission’s question about supply and demand, Mr. Curley stated that his client wants to go forward, believes that there is enough ‘demand’ for his facility to be successful.

 

The issue of failed businesses and vacant structures was discussed.  Deputy City Attorney, Blilie, stated that the city is exploring avenues imposing bonds to ensure that, should a business fail, the funds will be available to take care of the vacant/failed structure. 

 

Commissioner Truitt acknowledged that this is a tough issue.  Understands to make a decision based on this criteria is beyond the scope of the commission.   Attorney, Blilie, stated again that considering the financial implications is beyond the scope of the commission.

 

Commissioner Senft noted that the small business owner made a commitment and investment based on certain criteria.  If Planning and Zoning Commission makes a motion to deny, the process for the applicant would involve appealing the decision to the Board of Adjustments (the City Council) as the policy making body for the city.

 

Senft made a motion to deny Application CUP03-095, subject to stipulations a – j, attached hereto as Exhibit C.  Blair seconded the motion.  3 yes votes.  1 no vote.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.     

 

NEW BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING: 

 

·        SP02-120 Consideration and Action – Site Plan – Surprise Village Center

 

Planner, Penland, gave the presentation.

 

There were no questions by commission.

 

Truitt made a motion to approve Application SP02-120, subject to stipulations a – m attached hereto as Exhibit D.  Blair seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.   

 

·        SP03-035 – Consideration and Action – Site Plan – M&I Bank

 

Planner, Jochums, gave the presentation.

 

Commissioner Senft asked if the bank would be full service.  Planner, Jochums, answered that it will offer walk up and drive thru services.

 

Blair made a motion to approve Application SP03-035, subject to stipulations a – k attached hereto as Exhibit E.  Senft seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.   

 

·        SP03-057 Consideration and Action – Site Plan – Compass Bank at Surprise Marketplace

 

Planner, Jochums, gave the presentation.

 

There were no questions by commission.

 

Truitt made a motion to approve Application SP03-057, subject to stipulations a – l attached hereto as Exhibit F.  Senft seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.    

 

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING: 

 

·        CUP03-089 Consideration and Action – Conditional Use Permit – Bingman Oversized Garage

 

Planning Tech, Wilson, gave the presentation.

 

General discussion took place regarding if the neighbors in the area had been notified and if there were any issues; and usage of structure.

 

Staff clarified for commission that application was noticed and the applicant, Craig McCalister, told the commission that the neighbor is aware and not opposed to the project.  He also stated the building will be used as an RV storage area.

 

There were no public comments.

 

Truitt made a motion to approve Application CUP03-089, subject to stipulations a – I, attached hereto as Exhibit G.  Senft seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.   

 

 

·        PAD02-170 – Consideration and Action – Planned Area Development – Sarah Ann Ranch

 

Planner, Atkins, gave the presentation.

 

General discussion took place with the commission regarding praise for the narrative and the overall project; the Luke letter and school sites; the problem with identifying flight patterns in a city almost entirely under flight paths; and water retention areas.

 

Developer, David Maguire, mentioned the groves of trees the project will be utilizing as an enhancement and a natural buffer and the unique opportunity for this project to exceed guidelines established by the city.  Also, Mr. Maguire mentioned he has met four times with the staff at Luke but Luke’s personnel turnover and the fact that over flights blanket the city hampers the progress there.  Basically, it is Mr. Maguire’s feeling that any site is going to be a problem for Luke.  He said Luke cannot commit – suggests rigorous and specific notification of buyers.  Has met with Luke as suggested by commission.  Is scheduled to meet with them again.  Chairman Bails stated that the developer is clearly working closely with Luke.  In regards to the water retention areas, Mr. Maguire stated the active areas would be above water retention area.  Amenities will be above the retention area.  Soccer and baseball fields only will be used as retention areas.

 

Not being able to establish an over flight pattern is a problem for the commission.  Director, Phillips, referred to what the city has as a reference and that is the map offered for the public on the city’s website.

 

Commissioner Senft asked if the city would share liability if there were an accident on the site.  Deputy City Attorney, Blilie, responded that the city would probably be dragged in some manner into any lawsuit of that sort; he reminded commission that they are just approving the PAD at this meeting; that the commission can stipulate that the developer meet again with Luke.

 

Chairman Bails opened the hearing to the public. 

 

James Truman, Box 145, gave a presentation.  James Truman, a resident and neighbor of the PAD on east side, likes the project, wants to encourage it if it must happen.  Submitted a letter suggesting a better type of fruit trees to use in the groves and that much attention needs to be given to the type of lighting that will be used for the project.  Would encourage the type of fixtures that preserve the dark sky and minimizes light pollution and, at the same time, providing the area with a desired ambiance.  The letter also asked for restrictions on where two story homes could be placed on the property.

 

Chairman Bails closed the hearing to the public.

 

Bob Dusky, the planner from Luke, confirmed that he would be meeting with the developer and his legal department and reps from the Dysart School district to try and find some kind of placement that will accommodate developers and planners.  His noticed that determination of flight paths differ between planners.  He stated that Luke has changed / modified flight paths because of development.  Flight paths will vary according to pilots; they will change according to development; be affected by direction of take off and landing; and it boils down to determining what’s the best of the worst as far as school sites.   Everything is in a flight path. 

 

Chairman Bails noted the language of the letters, cautioned the writer to watch usage. 

 

Luke planner, Dusky, is concerned about density and things falling out of the sky – average 4 times per year that something happens; that the possibility of an incident exists.  He confirmed that Luke is working with developers and Dysart and continues to work with the community.

 

Developer on the Truman letter:  regarding the type of trees – lemon trees are currently there; feels it would be counter productive to tear them out and replace per Truman’s suggestion.  A contracted citrus grower to maintain trees arranged by HOA.  Developer also stated he will adhere to any and all lighting standards established by the City.  In response to the two story restriction suggested by the speaker, the developer noted with the height of the trees and the double rows of citrus trees, the height of the structures will not be an issue.  Would like opportunity to offer both for any location in plan.  Not agreeing to further restrictions on two story houses.

 

Director, Phillips, requested a stipulation on lighting be added.  It is a many levels issue:  – based on guidelines, light standard developed to accomplish dark sky, limited lighting level; appropriate for the type of area; APS must approve because they maintain lighting fixtures; also, engineering must be comfortable with amount of lighting for security and safety issues. 

 

Blair made a motion to recommend approval of Application PAD02-170, subject to stipulations a – q (with o – q added: Additional stip o) The street cross sections called out within the PAD are conceptual in nature and all streets shall be constructed in accordance with the City's adopted standards, unless otherwise excepted by the City Engineer; Additional stip p) The applicant shall meet with Dysart School District and Luke to discuss the location of the school site, and the PAD may be amended administratively by the Community and Economic Development Director to reflect a relocation of the school site, provided the overall density of the project is not affected; and, Additional stip q)  The lighting standards for the project shall be subject to further review and approval by the Community and Economic Development Director, and the applicant shall comply with any adopted lighting standards  that exist prior to the first final plat approval. added), attached hereto as Exhibit H.  Senft seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.   

 

·        FP02-290 – Consideration and Action – Commercial Final Plat – Albertson’s at Bell West Ranch Commercial Subdivision

 

Community Development Director, Phillips, gave the presentation.

 

Commission Chairman, Bails, wanted it noted for the record that she is no longer employed with Albertson’s, therefore there is no conflict with her voting on this application. 

 

There were no further comments from commissioners.

 

There were no public comments.

 

Blair made a motion to recommend approval of Application FP02-290, subject to stipulations a – f, attached hereto as Exhibit I.  Senft seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.   

 

·        CUP03-053 – Consideration and Action – Conditional Use Permit – Harbor Industrial RV Storage

 

Planner, Penland, gave the presentation.

 

There were no questions by commission.

 

Blair made a motion to approve Application CUP03-053, subject to stipulations a – l, attached hereto as Exhibit J.  Senft seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.   

 

·        CUP03-082 Consideration and Action – Conditional Use Permit – Desert Oasis Temporary Wastewater Treatment Plant

 

Planner, Jochums, gave the presentation.

 

General discussion took place regarding retention area and the natural wash; and insect control.

 

Owner/Developer, Cliff Leatherwood, gave his presentation.  This is a temporary use structure until services are provided by the city.  Meets all city codes.  All permitting requirements on city, state, and federal levels met.  The retention runs underground to preserve the natural wash, aligns the road.

 

Chairman Bails opened the hearing to the public. 

 

Speaker, John Jacobs, 27750 N. 155th Ave., is a resident in general area.  He is concerned about the safety of residents.  Asked about any hazardous materials, measures of odor control taken, effluent – recharge?  Discharge?  Wanted to make sure that all permits that are necessary have been secured.  He and his neighbors use well water and wants to preserve the safety of their water supply.

 

Chairman Bails closed the hearing to the public. 

 

Mr. Leatherwood addressed the speaker’s concerns.  He stated that all permitting is being finalized, etc.; that discharge will be sprinkled to desert area; that everything has been addressed; all the appropriate permits; and the system will be maintained and operated by Cliff at his expense until the City provides the services to the area.  The water will be constantly moving, no stagnating ponds of standing water, no excess of insects anticipated resulting from project.

 

Chairman Bails gave the speaker the name of Rich Williams, Water Services Director with the City of Surprise for detailed answers to his specific questions. 

 

Blair made a motion to approve Application CUP03-082, subject to stipulations a – i, attached hereto as Exhibit K.  Senft seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.   

 

Commissioners, at this point, requested a five minute break.

 

·        PP03-099 – Consideration and Action – Preliminary Plat – Sierra Montana, Parcels 12 & 14

 

Planner, Penland, gave the presentation.  He specifically mentioned the Engineering Department and concerns they had with the use of the decorative paving.  Planner, Penland, also requested the addition of the following stipulation language for stipulation l:  “The lots located adjacent to “Tract F”, across 174th Lane, shall be designed to front onto the open space tract or be developed with housing product with entrances facing the open space.” 

 

Commissioner Senft asked about school site and encouraged cooperation between Luke and Dysart and the developer – withdrew the question when staff pointed out there is no school site on the project.  There was a school site erroneously mentioned in the Luke letter that added to the confusion.  Commissioner Truitt was impressed with use of open space and the distinctive architecture style.

 

There were no public comments.

 

Director, Phillips, wanted it noted and a stipulation m added that only single story homes shall be constructed on lot #s 178, 179, and 180, within Parcel 14, according to the original approval of Sierra Montana.

 

Senft made a motion to recommend approval of Application PP03-099, subject to stipulations a – m (with l and m added), attached hereto as Exhibit L.  Blair seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.   

 

·        PADA03-102 – Consideration and Action – Planned Area Development Amendment – Royal Ranch PADA Request #2 (Major)

 

Community Development Director, Phillips, gave the presentation.

 

There were no comments from commissioners.

 

There were no public comments.

 

Blair made a motion to recommend approval of Application PADA03-102, subject to stipulations a – b, attached hereto as Exhibit M.  Truitt seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.   

 

PRESENTATION:

·        Discussion and possible direction regarding revising Residential and Commercial Setback Requirements

Senft made a motion to continue this item to the June 3, 2003, meeting out of consideration for the members that were absent.  Blair seconded the motion.  4 yes votes.  3 absent (Morris, Segarra, and Gonzales).  Motion carried.     

 

OPEN CALL TO THE PUBLIC:

 

There were no public comments.

 

CURRENT EVENTS REPORT:

 

Chairperson and Commissioners: 

 

As previously requested, Planner Penland, confirmed for commission that the Red Lobster restaurant is in compliance for setbacks.

 

Commissioner Blair asked about how the reappointment process works.  Deputy City Attorney, Blilie, said Council will reappoint all seven commissioners in July and will be staggered after this.  New City Council will appoint all seven commissioners and the commissioners at the first meeting will appoint the chairman.  This will be agendized.  Chairman Bails will attend her last P&Z meeting on June 17th, and sworn in to the City Council on the 19th.

 

Commissioner Blair asked staff to investigate the lot located across the street from Coyote Lakes.  There are cars parked there with For Sale signs in the windows and the area is starting to look tacky again.  At one point, the police department was ticketing these vehicles.  Director, Phillips, will have the situation investigated.

 

Chairman Bails will NOT be at the May 20th commission meeting.

 

Community and Economic Development Director: 

 

Director, Phillips, spoke briefly on the Luke issue mentioning the re-education process with the new staff at Luke.  He feels staff has been exceptional at working with Luke, to understand and comply with Luke within reason.  The partnership needs to go both ways – Luke needs to invite staff to their table such as the city does.  Doesn’t want to see the relationship head down the wrong road.  Hopes re-education of new staff will stop this from happening.

                                       

Chairman Bails voiced her frustration about the new language being used and the haphazard manner it was being used by Luke staff in their response letters to city projects.

 

ADJOURNMENT:

 

There was no further business.  On a motion duly made and seconded, Chairperson Martha Bails declared the meeting adjourned at 8:52 P.M.

 

           

__________________________              _________________________

Martha Bails, Chairman                               Scott Phillips, Director

Planning and Zoning Commission              Community Development