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12425 W. BELL ROAD, SUITE D-100





December 17, 2002

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, December 17, 2002.  Also in attendance with Chairman Bails were: Vice Chairman Dan Morris and Commissioners Ken Senft, Lyn Truitt, Tony Segarra, Bob Gonzales and Jan Blair.


Staff Present:


Deputy City Attorney, Jeff Blilie; Community and Economic Director, Phil Testa; Planner, Grant Penland; Planner, James Atkins; and Planner, Andrew Jochums.


·        Approval of Planning and Zoning Meeting Minutes 


Truitt made a motion to recommend approval.  Senft seconded the motion.  4 yes votes.  3 abstained (Morris, Blair, and Gonzales).  Motion carried.  December 3, 2002 minutes – approved.   














·    SP02-264 - Consideration and Action -  Master Site Plan - The Village at Bell and Reems


Planner, Atkins, made a presentation for Application SP02-264, Master Site Plan for The Village at Bell and Reems.


General discussion took place with Commission regarding the access points, use of property around site, why angle parking is not being used, flow of vehicle and pedestrian traffic, setback on screen wall, lighting affecting neighboring property and security lighting along pathways, cross traffic across Reems, and type of stores going into complex.


Paul Gilbert, representing the applicant, and the project architect, Mike Edwards, mentioned some of the concessions made, and how closely they are working with staff, to develop a master site plan that will present the unique character and atmosphere that will meet the goals of the City’s Design Guidelines, including, but not limited to, the themed entryways and the decorative paving.  Due to stipulation (L) of the staff report limiting the turning movement of the north most access point into the site off of Reems Road, Mr. Gilbert asked that a report from an independent traffic engineer supporting a left turn into the site be submitted to the city’s Engineering Department for review.  A parking design including angled parking was discussed, however due to the size of the site, the anticipated users and the planned landscaping, perpendicular parking will be permitted.  The applicant emphasized that the users are ‘small’ - not a WalMart or grocery store sized user on the site.  Mr. Gilbert and the project’s architect agreed more work is necessary on pedestrian flow and eliminating ‘dead end’ pathways.  They also agreed to look at concerns about the pavement setback along the south most portion of the site’s screen wall.  Lighting on the project will meet all the requirements outlined in the Design guidelines, including providing security lighting. 


Stipulations resulting from discussions included modifying existing l; m - connecting sidewalks along Bell and Reems; n - applicant will review and correct issues with pedestrian access to the south; o - regarding the pavement setback on the south most portion of the site’s screen wall, adjacent to the property line.


Morris made a motion to recommend approval for SP02-264 subject to stipulations a-o (l as modified; m added: sidewalks on Bell & Reems; n added: pedestrian access to south; o added - screen wall set back), attached hereto as Exhibit A.  Blair seconded the motion.  7 yes votes.  0 no votes.  Motion carried.





·        CUPA02-305 – Consideration and Action –  Conditional Use Permit Amendment – Carden Charter School (Learning Matters)


Planner Penland, made a presentation for Application CUPA02-305 regarding the conditional use permit amendment for Carden Charter School (Learning Matters) regarding an extension to approve use of temporary buildings to July 2004 to allow for occupancy, provided fire stipulations are fully met; completion of construction; and to eliminate possible interruption of classes for the 2002/2003 school year. 


General discussion took place with Commission regarding the time frame, questions about suitable and secure financing, the need for school facilities, stipulations added by Fire Marshal, and issues with neighboring property regarding appropriate/acceptable fencing between properties. 


Commissioner Segarra felt it would be acceptable, due to the need of school facilities, to recommend for approval the conditional use permit amendment extending the use of the portables, providing additional fire stipulations are met, to July 2004 with the stipulation of one (1) extension of six months added to ensure the construction can be completed. 


The applicant, Joseph Bartlett, and the owner, Tim Smith, were both available for comments regarding the time frame, financing, and delays caused by the stipulations added by the Fire Marshal.  An effort to discuss the stipulations added by the Fire Marshal was stopped by Jeff Blilie, Deputy City Attorney, who reiterated that the Fire Marshal will not make an exception to this and that the stipulations were drawn from ordinance and the commission had no power to change or influence this decision.


Anthony (Tony) Boit, 15613 W. Custer Lane, owns approximately 10 acres east of the school.  He conducts a horse training operation on his property.  He has concerns about property lines and the safety of the school children.  He wants special consideration given to the fencing proposed to be placed between the properties that will protect his horses and keep the children safe.  Mentioned he would have attended the last meeting regarding this property but did not receive notification in the mail and was watching for, but never saw, any signs posted on the property.


It is Mr. Boit’s understanding that the plan is to install a chain link fence during construction, to be replaced by a block wall.  Mr. Boit suggested putting up the block wall immediately and saving the time and cost to install the chain link fence.  Doesn’t feel the chain link fence, even with the canvas lattice, will be enough to protect his horses and the fingers of curious children.  He also has concerns about his horses and his riding students getting ‘spooked’ by the noise made by the wind flapping through and around the canvas covering. 


The applicant, Bartlett, questioned the block wall ever being part of the discussion; that the plan was to install permanent wrought iron fencing.  Agreed to review the situation to see what can be done.  The owner, Smith, mentioned that he has had conversations with Mr. Boit and was hoping to work out an arrangement that will resolve Mr. Boit’s concerns and mentioned possibly sharing the cost of the fencing.


Commissioner Truitt suggested staff work with applicant and neighboring property owner to reach an agreement on the fencing issue.  To be added as a stipulation.


Truitt made a motion to recommend approval for CUPA02-305 subject to stipulations a-o (n as modified & o added from discussion on fencing issue), attached hereto as Exhibit B.  Senft seconded the motion.  7 yes votes.  0 no votes.  Motion carried.




There were no comments made from the public.




Chairperson and Commissioners:  Chairman Bails called the commissioners attention to their handout, the Luke Regional Compatibility Study.  She and others attended a workshop and mentioned some of the possible serious repercussions of the proposals and the major impact they would have on the City.  Comments on material need to be submitted by January 27th.  Comments already received are to be posted to Luke website.  Phil Testa agrees with Chairman Bails about arranging a workshop – but noted time restraints to review and respond to the proposals.  Phil suggested, as one possibility, a joint workshop to save time.  Staff will notify commissioners.  


Chairman Bails also mentioned the Luke Open House/Tour scheduled for January 27th and again emphasized the importance of reviewing the material and commenting on Luke’s proposed plans.


Commissioner Segarra would like an item placed on the next agenda to discuss establishing standards/guidelines on temporary buildings so that staff and commission can apply these standards to any project that comes before commission.


Vice-Chairman Morris would like an item placed on the next agenda to discuss the usage of water features in landscape designs, in light of water conservation issues.


Community and Economic Development Director:  Wished the members of the panel Happy Holidays from the CEDD staff. 




There was no further business.  On a motion duly made and seconded.    Chairperson Bails declared the meeting adjourned at 7:45 P.M.



__________________________              _________________________

Martha G. Bails, Chairman                          Philip A. Testa, Director

Planning and Zoning Commission              Community Development