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12425 W. BELL ROAD, SUITE D-100





August 5, 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, August 5, 2003.  Also in attendance with Chairman Ken Senft were:  Commissioners Jan Blair, Tony Segarra, Bob Gonzales, Randy Nachtigall, and Mike Woodard.   Vice Chairman Dan Morris was absent.


Staff Present:


Acting City Attorney, Jeff Blilie; Community and Economic Development Director, Phil Testa; Planning Manager, Scott Phillips; Planner, Grant Penland; Planner, Andy Jochums; Planner, Desmond McGeough; Planner, James Atkins; Planning Technician, Stephanie Wilson.


City Council present: 


Mayor Joan Shafer and Vice Mayor Don Cox.


·        Approval of Planning and Zoning Meeting minutes of July 8, 2003 


Blair made a motion to approve the July 8, 2003, minutes.  Woodard seconded the motion.  6 yes votes.  1 absent (Morris).  Motion carried.     


·        Approval of Planning and Zoning Meeting minutes of July 15, 2003 


Segarra made a motion to approve the July 15, 2003, minutes.  Woodard seconded the motion.  6 yes votes.  1 absent (Morris).  Motion carried.     










·        PP03-141 – Consideration and Action – Preliminary Plat – Surprise Farms, Phase II


Planner, McGeough, gave the presentation.


Property owner, Tim Keenan, gave a brief presentation covering some of the historical aspects of the PAD.


Opened discussion to public.  Speakers were: Mayor, Joan Shafer; David Lehmberg, 17314 N. Thornberry Dr.; Linda Wilbourne, 17842 W. Arizona Dr.; Jo Hancock, 18351 N. Krista Way; Jerry Carney, 17988 W. Deneen Way; Peg Conklin, 17200 W. Bell Road, #1566, Happy Trails; Bob Conklin, 17200 W. Bell Road, #1566, Happy Trails; B.J. Jaroslawski, 17687 W. Loback Dr.


David Lehmberg: concerned with the “Bell Road situation”.  This particular plan does not address the plan as well as the previous.  Wants to be on record as opposing the Plat.


Linda Wilborn: concerned that all main roads to Surprise Farms enter and exit on Bell Road only.  Traffic will increase due to the schools and new homes.  Wants 183rd to go all the way through to Greenway. Would like to have problems resolved if it means continuance.


Joe Hancock: concerned about entrance to High School and the traffic that would come from it.  Claims Mayor made untrue statements of who would use this access.


Jerry Carney: also concerned with potential traffic problems.  Especially athletic events will create increase traffic.  Wants to please postpone case until there is access to Greenway Road.


Peg Conklin: Happy Trails traffic will not use 175th Avenue.  They will use Cotton Lane as they do now.  There will be no advantage as a cut through.

Bob Conklin: City of Phoenix has a firm policy regarding street composition.  This policy has not been followed in Sun City or Surprise.  All traffic from development has dumped on to one arterial - Bell Road.  Concerned with traffic congestion as more developments are approved.  They use Bell Road and Cotton Lane.  Would prefer more emphasis on Greenway access and less on Bell Road.


Mayor Shafer: Al promised that we would have the openings that we asked for.  Doesn’t know how can this plan come through without the access on Greenway.  This is not good planning.  Disappointed in the City Attorney. She admires what Mr. West has done in this City but plan falls short of expectations.


BJ Jareslowski: does not believe this creates a safe environment.  Believes there is a traffic light at Bell and Citrus.  Concerned about safety vehicles getting access through the traffic.


Closed public hearing.


General discussion took place.  Commissioner Segarra questioned what Greenway Road will look like all of the way to Grand Ave.  Planning Manager, Phillips, said there is a challenge getting the right of way dedicated.  Applicant, Tim Keenan, stated they are prepared to dedicate two point of access (shown on map) but that it is ultimately up to the City to build a road if the land is dedicated to the City.  Acting City Attorney, Blilie, pointed out that the Development Agreement does not address this.  It could be handled as any other dedication.


Commissioner Nachtigall asked to hear from the Fire Chief about the addition of the two access points shown.  Fire Chief, White, is happy to have the two access points shown and having them does decrease response time but he cannot put a figure to it.


Commissioner Blair held a brief discussion with applicant, Tim Keenan, regarding the PAD and when it was approved and the terms of the property purchased and if the stipulation of 175th Avenue going through was a part of that purchase.  Kennan stated they were sold the property with the knowledge of 175th Avenue not going through, as of April of this last year.


Commissioner Woodard referred to letters of concern from the Police and Fire Chiefs and Acting City Engineer, Maki.  Also referred to correspondence from Acting City Attorney, Blilie, that Commission can make the requirement to open 175th Avenue.   Traffic is to increase on Bell per Planning Manager, Phillips.  Discussion took place regarding providing alternate routes. 


Commissioner Gonzales feels that 175th Avenue should be opened up all of the way.  Developer, Rick West, stated that this is open space to be dedicated to the City as a part of the open park system.  Developer, West, went on and gave a brief history and suggested that a plat for Phase 2 should include an amendment to the PAD to include access to Greenway Road.  All of these things can be discussed in a PAD amendment and run this plat concurrently with the amendment.  He voiced concerns for their potential liability for those new residents who have purchased in Surprise Farms already assuming that 175th Avenue would not go through.   Acting City Attorney, Blilie, stated it would be more appropriate to discuss this with an amendment or when the plats are brought in for approval (specific reference to parcels west of the school).  If Commission wants 175th Avenue to go all of the way through as a major collector it would require a major PAD amendment per the Development Agreement.  The amendment would have to be approved prior to this plat being approved.  The zoning as it is allows for what is shown on this plat.  To deny this plat as the zoning is now would not be consistent with the PAD.  Commissioner Gonzales believes that PADs approved 8-10 years ago should be subject to modification according to true growth.  Developer, West, informed the commission members that this was a Bi-lateral agreement.  The traffic study used to design this plan was more than what has actually occurred or is shown in the plan.   Commissioner Gonzales believes the Development Agreement should state that after a certain period of time it should be re-evaluated.  Wants to direct staff to write this into the Development Agreements if it is legal.  Acting City Attorney, Blilie, stated the concessions made in this agreement are different than that of those made today because we were probably trying to promote growth.  Commissioner Senft understands that we are dealing with the plat at this time.  Believes that 175th Avenue is a part of this plat and would like to see everyone work together to address the issue.  Does not want to move it forward until it has been addressed.  Recommendations for a PAD amendment should be made here.  Go ahead and address and resolve the 175th Avenue issue tonight and bring the PAD amendment back before the commission.  Has asked the Fire Chief to come forward.  Fire Chief, White, reiterated that having 175th Avenue opened to Greenway will reduce response times (strictly his opinion).  He also stated he is willing to compromise any way necessary so long as trucks fit on the road.  Developer, West, mentioned that there is also a drainage Easement along 175th Avenue that will need to be reviewed and changed.  Subject to those issues they would be happy to work with the City on extending 175th Avenue.  They would also like to get going on an amendment that would address Citrus, 183rd, and the additional school.


Commissioner Senft does not think that Surprise Village LLC should be responsible for the improvements to the north side of Greenway Road.  This plat should address a change to 175th, but not 183rd and Citrus.  Those should be addressed later.

We should be able to address this and do it by stipulation.  Developer, West, agrees.


General discussion took place with commission and staff regarding how 175th Avenue will merge and if it will have bike lanes.  Planning Manager, Phillips, responded that on a local road there are not bike lanes.  A collector would be more likely to have bike lanes.  This road was not designed for the possible cut through traffic and should be discouraged with the exception of emergency vehicles.  Communities like to be designed around calm traffic and should allow student to be able to walk to one of the four schools included in this development.


Commissioner Nachtigall believes the remedy for the concern of the community raised this evening would be discussed in future meetings.  He does not agree that 175th should go through to Greenway.  He feels there are more than enough solutions on the table to remedy the problems raised by the community.  Commissioner Woodard appreciates the developer’s concern and willingness to work with Commission.  Agrees to open 175th Avenue to Bell Road.  He thinks it can be done without encouraging cut through traffic by proper design.   Commissioner Gonzales still concerned about current status of the portion that would be the extension of 175th to Greenway (refers to map).  He would like to see staff work on what type of roadway and bring it back to commission


Community and Economic Development Director, Testa, stated that there are at least three different options – those being:  1) Approve it the way it is, 2) Approve with stipulation, 3) Approve as submitted and direct a PAD amendment to address streets such as 183rd and Citrus.  Acting City Attorney, Blilie, pointed out that the third option can potentially affect the final plat or it could be submitted before that approval of the PAD amendment.   Final plats do not come back before the commission.  This option may not work for what the Commission is trying to do by connecting the 175th alignment with Greenway.  Chairperson Senft would like to add a stipulation that the Fire Chief approves the connection and approval of the Citrus alignment.   Acting City Attorney, Blilie, stated that would be addressed in the PAD amendment.  CED Director, Testa, mentioned the SUDC would require all PADs to expire.


Acting City Attorney, Blilie, read stipulations into the record:

(i) The applicant shall include on the final plat an extension of 175th Avenue as a local street from its current terminus to the Greenway Road south 1/2 street improvements, and the applicant shall incorporate traffic calming features into the design of 175th Avenue during the design process, subject to Fire Department and Traffic Engineer approval; and this extension to Greenway Road shall not require applicant to construct the north 1/2 street improvements for Greenway Road west of Cotton Lane.


(j) During the PAD amendment process the applicant shall provide public access to the site from Greenway Road at the 183rd Avenue alignment.


(k) During the PAD amendment process the applicant shall provide public access to the site at the Citrus Road alignment from Greenway Road to the southern end of the high school site.


Blair made a motion to recommend approval of Application PP03-141, subject to stipulations a – k (with I, j, and k added), attached hereto as Exhibit A.  Woodard seconded the motion.  5 yes votes.  1 no vote (Nachtigall).  1 absent (Morris).  Motion carried.     






l        SP02-262 – Consideration and Action – Site Plan – SEC of Bell and Litchfield Roads for Len Levy


Planner, Penland, gave a brief presentation.


General discussion took place regarding clarification of parking and concern about the distance between the entrance of the site and Litchfield Road; if the water provided to the fountain will be potable water (It will be recycled water per the applicant); adding a stipulation to have the Public Notice sign removed a specific number of days after the meeting; concerns about future shared parking agreements; concerns about the trash cans being too close to residential area to the south; and that the sidewalks appear to stop at the decorative pavement and puts the pedestrian in the roadway of the parking lot; concerns of accessible (handicap) parking by the building; and pedestrian connections.


Vice Mayor, Cox, supports pedestrian sidewalk issue.  He also supports the fountain as promoting the business. 


Acting City Attorney, Blilie, read stipulations into the record:

(m) The applicant shall relocate the trash receptacle at the SE corner of the site to a location further north within the site.


(n) All sidewalks along Litchfield Road and Bell Road shall be extended into the site as part of the individual pad and exception parcel site plans.


(o) The applicant shall add decorative paving to provide a pedestrian connection from the sidewalk at the NE corner of Office C to the sidewalk directly north of the corner.


Blair made a motion to approve Application SP02-262, subject to stipulations a – o (with m, n, and o added), attached hereto as Exhibit B.  Nachtigall seconded the motion.  6 yes votes.  1 absent (Morris).  Motion carried.


l        RS03-118 – Consideration and Action – Rural Subdivision – Jomax Ranches II


Planner, Penland, gave a brief presentation.


Commissioner Blair presented a request regarding drainage that Phil would like to have directed to the City Engineer.  Planner, Penland, refers to language on the plat that clarifies this.  Grading and Drainage has been applied for with engineering and is in process for approvals – applicant claims it is approved.  Commissioner Gonzales needs clarification of access to property.  He has concerns of when the three properties to the east were reviewed by the commission.  Commissioner Senft is concerned with water and the assured certificate of water supply and how these subdivisions were processed separately.  General discussion took place with property owner.


Blair made a motion to recommend approval of Application RS03-118, subject to stipulations a – h, attached hereto as Exhibit C.  Nachtigall seconded the motion.  6 yes votes.  1 absent (Morris).  Motion carried.




l        CUP03-176 – Consideration and Action – Conditional Use Permit – Master Sign Program for The Village at Bell and Reems


Planning Manager, Phillips, gave a brief presentation.


There were no comments made by the commission or the public.


Segarra made a motion to approve Application CUP03-176, subject to stipulations a – g, attached hereto as Exhibit D.  Gonzales seconded the motion.  6 yes votes.  1 absent (Morris).  Motion carried.


l        PP03-179 – Consideration and Action – Preliminary Plat – Estancia at Sun City Grand


Planning Manger, Phillips, gave a brief presentation.


General discussion took place regarding concern about the connection of Sojourner Drive; the ADOT letter and if it requires a stipulation; two points of emergency access; and distance to closest fire station.


There were no public comments.


Woodard made a motion to recommend approval of Application PP03-179, subject to stipulations a – g, attached hereto as Exhibit E.  Nachtigall seconded the motion.  6 yes votes.  1 absent (Morris).  Motion carried.




There were no public comments.







Chairperson and Commissioners: 

Commissioner Woodard spoke regarding posting of signs for public noticing. 

Discussion about increasing the lettering size of the phone number to make it easier to read.


Commissioner Segarra asked if the commission was going to have a representative from the council sitting with Commissioners at all the meetings.  Chairperson Senft commented that there would be better communication between commission and Council instead of having someone sitting up here.


Regarding a vote for the vice-chair election, Chairperson Senft would like the commissioners to have an opportunity to volunteer themselves or be recommended by other commissioners by an anonymous vote.  Must be put on agenda of two meetings.  Chairperson Senft would also like a responsibility assigned to each commissioner to become an expert in certain categories that are reviewed by commission.  (Per Acting City Attorney, Blilie - this would be something to add to an agenda and discuss at another meeting, may need council approval and is really something that Council should decide on.  It would require an amendment to the duties of the commission as addressed in the code.)  Commissioner Segarra wanted it known that his name is not available for nomination and that he cannot be available for the extra duty assignments that are being discussed. 


Community and Economic Development Director: 


September 9th or 23rd possible meetings for the AZ Department of Commerce workshop for Planning Commission – will probably start at 6:00 pm.  May provide food.   Preference given to the 23rd.  Staff will keep commission members updated.


The following commissioner/council members have been registered to attend the Arizona Planning Association 2003 Annual Conference taking place October 15 – 17, 2003, at the Glendale Civic Center: Jan Blair, Ken Senft, Randy Nachtigall, Dan Morris, Don Cox, Mike Woodard.




There was no further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 9:20 P.M.



__________________________              _________________________

Ken Senft, Chairman                                    Philip A. Testa, Director

Planning and Zoning Commission              Community and Economic Development