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12425 W. BELL ROAD, SUITE D-100





June 3, 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, June 3, 2003.  Also in attendance with Chairman Bails were: Vice Chairman Dan Morris and Commissioners Bob Gonzales, Ken Senft, Lyn Truitt, and Tony Segarra. Commissioner Jan Blair was absent.


Staff Present:


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


·        Approval of Planning and Zoning Meeting Minutes of May 20, 2003 

Truitt made a motion to approve the May 20, 2003, minutes.  Morris seconded the motion.  4 yes votes.  2 abstained (Bails and Gonzales).  1 absent (Blair).  Motion carried.     




·        Presentation and Discussion of Annual Report on City of Surprise General Plan


Interim Community Development Director, Phillips, gave presentation.


General discussion took place regarding the actual status of projects; meaning and overuse of ‘on-going’; the use of the word ‘initiate’ and the meaning implied; seeking clarity of what is/has been accomplished; amendments to the General Plan and impact on annexations and rezoning; role of commission and council in proposing changes to the General Plan; and specific questions about adoption of and training for CPTED (Crime Prevention Through Environmental Design).


CD Director, Phillip, offered to bring back before commission a revamped version of the General Plan annual report at a later date, addressing the commission’s comments.


·        Discussion and Possible Direction regarding Revising Residential and Commercial Setback Requirements


This item was discussed at the end of the commission meeting.  Consensus of staff and the commissioners is that a workshop needs to be held specifically for the setback requirements topic to allow time for a full presentation (report and supporting visuals, when necessary) by staff.












·        RS02-111 – Consideration and Action – Rural Subdivision – “Hill View Estates”


Planner, Jochums, gave the presentation.


General discussion took place regarding disagreement in the applicant narrative and the staff report about drainage problems; access to lots; stipulation requested addressing encroachment of 1,476-elevation line.


Commission was informed by staff that the Engineering department has requested that a report, prepared by a certified engineer, be presented to confirm that there will be no drainage problems in the future.


Applicant, Janet Holloway, addressed questions of the commission regarding access to the property, which will involve Dale Lane, Desert Vista, and Dynamite Road.  The roads are not paved and are maintained by the city. 


Stipulation was added stating that no building permits will be issued for construction above the 1,476-elevation line as noted on plat.


Morris made a motion to recommend approval of Application RS02-111, subject to stipulations a – j (with j added – building/elevation encroachment), attached hereto as Exhibit A.  Segarra seconded the motion.  6 yes votes.  1 absent (Blair).  Motion carried.     



·        RS02-113 – Consideration and Action – Rural Subdivision – Jarvis Rural Subdivision


Planner, Jochums, gave the presentation.


General discussion took place regarding access to lots; protection of the natural wash; and containment of runoff.


Access to property will be off of 163rd (Lots 3 & 4) and Peakview Rd. (Lots 1 & 2).  Staff shares commission’s concern about preserving the natural wash and feels Engineering’s request for a comprehensive grading and drainage report and the standard language for natural washes already built into the process will be significant enough to ensure the protection of the natural wash without adding an additional stipulation.


Truitt made a motion to recommend approval of Application RS02-113, subject to stipulations a – i (with stip h as revised), attached hereto as Exhibit B.  Segarra seconded the motion.  6 yes votes.  1 absent (Blair).  Motion carried.     


·        SP03-092 – Consideration and Action – Site Plan– Grand Avenue Professional Plaza


Planner, Penland, gave the presentation.


General discussion took place regarding the vague references in the narrative to city code; prohibited parking and enforcement of; verification of stipulation addressing the gated access point to the south; verification of original stipulation regarding the roundabout and possibility for a workshop to educate commission members on established standards for; access points; slow down lanes; angled parking and traffic flow of parking lots; current easements and irrigation canal; identifying strip of ‘no-man’s land’ and who is/will be responsible for maintenance of.


Staff addressed the concerns of the commissioners: the references to code were purposefully vague to meet code requirements that will be implemented; restrictions of parking will be handled through signage; stipulations for PAD will be verified and enforced regarding the gated access (additional ingress/egress or emergency only) to the south and the dimensions/landscape requirements and federal and city standards of the roundabout.  He stated that site improvements have occurred; that there are a total of five existing curb cuts; and that the slow down lane runs all the way to Litchfield.  Parking was chosen to maximize landscaped area.  Staff deferred to the applicant with commission’s questions regarding parking and traffic flow and how they may be resolved to maintain the landscaping while eliminating, where possible, two-way traffic.


Developer Dale Cavan, with Cavan Commercial, and architect, Hemant Modi with Archicon, spoke to the commission regarding questions about the possible elimination of the canal, current easement that will be maintained, and that they will consider angled parking where feasible.


Three additional stipulations were read into the record.


Truitt made a motion to approve the Application SP03-092, subject to stipulations a – q (with o, p, and q added), attached hereto as Exhibit C.  Senft seconded the motion.  6 yes votes.  1 absent (Blair).  Motion carried.     


·        SP03-105 – Consideration and Action – Site Plan– Eckerd Drug Store at The Village at Bell and Reems


Planner, Atkins, gave the presentation.


General discussion took place regarding Surprise becoming known as the city with a drugstore on every corner; better planning; intersection design criteria proposed by staff; and drive thru lanes.


Deputy City Attorney, Blilie, reiterated for commission that the city cannot regulate uses or prohibit a drugstore on every corner and commission cannot base the decision to approve or deny an application on the issue of competition.  Residential will determine demand.


Staff is working on adopting stringent design guidelines that will address how buildings present themselves to the traffic – good design will discourage dominant features at intersections. 


Segarra made a motion to approve the Application SP03-105, subject to stipulations a – l, attached hereto as Exhibit D.  Senft seconded the motion.  6 yes votes.  1 absent (Blair).  Motion carried.




·        PAD02-308 – Consideration and Action – Planned Area Development – Veramonte  


Planner, Penland, gave the presentation.  Letters from Dysart School District and Luke AFB were presented to commission members.


A PowerPoint presentation was given by the applicant, Steven Earl, demonstrating the amount of effort that went into designing the project; that the product is in full compliance with existing design guidelines and provides the city with a high quality product; how devastating Luke’s letter is to the proposal; how Veramonte is the last piece of the puzzle, matching up perfectly with Marley Park; how the development mirrored elements of the previously approved project Marley Park.  Throughout the design process, Luke issues were kept at the forefront of thought when designing the buffer, assigning lots, and in the initiation of a unique signage program that would utilize the street signs on every corner for notification of the Luke influence in the area.  Mr. Earl also expressed his concerns about the shifting nature and definitions of Luke’s comments. 


General discussion took place regarding approving the PAD as is (with heavy consideration given to the many attempts by the applicant to accommodate the positions of Luke) and letting the application go before council (policy making body) vs. the commission resolving the issue with the parties present; the graduated density concept; and increasing the buffer.


Interim Director, Phillips, addressed the question of the graduated density concept – staff and commission are compelled to follow direction from council, zoning codes, and noted the fact that council elected not to adopt ½ mile buffer.


Commissioner Senft proposed a solution suggesting the applicant agree to two (2) houses per acre.  Mr. Earl, applicant, reiterated that the plans were based on what had been previously approved; that the density suggested by Commissioner Senft cannot work for project feasibility with the infrastructure agreements in place.


Mr. Bob Dubsky, community planner at Luke, took the podium to clarify a few issues:  graduated density concept has developed over the last couple of months; that the density formula is skewed by including open space; that Marley Park’s higher density is farther out; clarification of the accident potential zone and the inclusion of the phrase ‘high noise’; that the over flight map given to Dysart by Luke and used by the applicant in the presentation was created for a specific purpose applicable only to the school district; that Luke has been consistent in all their written communication about their stance on Veramonte; that the graduated density concept best outlines Luke’s buffer zones.


There were no public comments.


Senft made a motion to recommend approval for two (2) houses per acre for Application PAD02-308.  No second on this motion.  Motion did not carry.  Truitt made a motion to recommend approval of Application PAD02-308, subject to stipulations a – r (with r added – street signs/enhanced notification sample signs posted at models), attached hereto as Exhibit E.  Segarra seconded the motion.  5 yes votes.  1 no vote.  1 absent (Blair).  Motion carried.


Senft cited health and safety issues related to Luke, and Segarra commented that he had some reservations with the project but felt it was the last piece in the puzzle.



·        CUP03-084 – Consideration and Action – Conditional Use Permit – Kindercare Learning Center Site Plan & Conditional Use Permit at The Villages of Bell and Reems (Eckerd’s)


Morris made a motion to continue Application CUP03-084 to the June 17, 2003, commission meeting.  Truitt seconded the motion.  6 yes votes.  1 absent (Blair).  Motion carried.




There were no public comments.




Chairperson and Commissioners: 


Chairperson Bails reminded commissioners to get their letter of consideration to the mayor if they are interested in reappointment to the Planning and Zoning Commission.  Chairperson Bails will be sworn in on the City Council on June 12, 2003, and this is her last meeting on the Planning and Zoning Commission.  Staff and commissioners expressed their appreciation for her years of dedicated service and wished her well as a City Council member.


Community and Economic Development Director: 


Interim Director, Phillips, announced that the July 15, 2003, Planning and Zoning Commission meeting will be cancelled.  He also encouraged all commission members to submit any ideas for workshops and training so that arrangements can be made to accommodate these requests.




There was no further business.  On a motion duly made and seconded, Chairperson Martha Bails declared the meeting adjourned at 9:36 P.M.



__________________________              _________________________

Martha Bails, Chairman                               Scott Phillips, Interim Director

Planning and Zoning Commission              Community Development