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Planning & Zoning Minutes - 10-07-03min P&Z Commission minutes





12425 W. BELL ROAD, SUITE D-100





October 7, 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, October 7, 2003.  Also in attendance with Chairman Ken Senft were:  Vice Chairperson Jan Blair and Commissioners Dan Morris, Tony Segarra (note: Commissioner Segarra left after the vote on the Item #1), Randy Nachtigall, Mike Woodard, and Bob Gonzales.


Staff Present:


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


·        ·        Approval of Planning and Zoning Meeting minutes of September 16, 2003 


Morris made a motion to approve the September 16, 2003, minutes.  Segarra seconded the motion.  7 yes votes.  Motion carried.     














l        l        SP03-253 – Consideration and Action – Site Plan – El Paso Bar-B-Que Restaurant


Planner, Penland, gave the presentation.


General discussion took place regarding appreciation for this visually articulated and pleasing-to-the-eye development along Bell Road; water conservation issues and questions about the water features; commission would’ve liked comments from Water Services Department on these features; impact of water continuously running; use of potable or irrigation water; if evaporation was considered in planning for features; that the waterfall and the creek and the sculpture elements in the design seemed excessive and not in the best interest of water conservation; sidewalk issues and the lack of correlation with adjacent building; problem with sidewalk feeding into traffic pattern; if the wood burning process would attribute to any visibility problems along Bell Road; how minimal setbacks were met but greater setbacks are desired.


Roy McKinney, project manager, addressed the commission.  Potable water will be used due to health department concerns about public access to water features.  The water will be continuously running but he emphasized that the water would simply be a trickle on the features for the sound primarily; that water conservation was taken into consideration.  He mentioned the use of desert landscaping.  Pricing is underway for the waterway but the minimal desired is a creek bed with pools.  He mentioned again that the creek bed is just a trickle, just for the sound.  The fountain is water trickling down the steel structure, just enough to keep the surface wet.  Evaporation would be minimal.  Providing an ‘attraction’ for the City.  Intentionally minimalist design in a desert setting.  He went on to address the concern about the wood burning process; describing the large filters that are used; and how the smoke from the wood burning process will not create visibility problems on Bell Road.


Commission asked for other options that wouldn’t require the use of water.  Commission would have liked some input from Water Services on this site plan and concerns about the accumulative affect of using reclaimed water.  Staff will ask for specific comments from water services to provide input on future staff reports.   Commissioner Segarra is against the use of water features for the purpose of beautification only.


Community and Economic Development Director, Testa, addressed the commission about debating non-existing policy.  If the commission desires, it can start the process that will establish a policy that water features use effluent water only.  But the direction and policy ultimately must come from Council.


City Attorney, Blilie, informed commission that an irrigation line is not near the project.


The applicant is willing to provide more statistics, showing the water usage.  This design is unique to Surprise, so, in regards to the estimated evaporative quantity asked for, the applicant doesn’t have anything to draw this information from.  Applicant will take the features out of plan if it holds up the site plan. 


There were no public comments.


Woodard made a motion to approve Application SP03-253, subject to stipulations a – k (with k added – “site plan as presented is being approved without the use of water in the features represented on plan”), attached hereto as Exhibit A.  Segarra seconded the motion.  7 yes votes.  Motion approved.



l        l        SP03-207 – Consideration and Action – Site Plan – The Fields of Surprise Office Plaza


Planner, McGeough, gave the presentation, including Fire Department issues with the medians, whether to remove entirely or redesign; Staff stipulating pedestrian access needed off of Young Street; and the Engineering Department stipulating a decel lane off of Bell Road. 


General discussion took place regarding the site’s interesting, user-friendly entrance; architecturally pleasing and achieving the character the City is striving for; good flow through complex; desire is to keep median somehow – possibly leaving the island, making the turning radius work; fire hydrant location; material of sidewalk; good setbacks; and the decel lane.


There were no public comments.


Morris made a motion to approve Application SP03-207, subject to stipulations a – q (with n amended – “applicant shall redesign the driveway entries into the site as to provide adequate fire department access, said driveways shall be redesigned to retain the median and meet all fire department access requirements; redesigned driveway entries are subject to the review and approval by the Fire Marshal’s office,” and q added – “asphalt sidewalk on Bell Road shall be removed and replaced with a concrete sidewalk“), attached hereto as Exhibit B.  Nachtigall seconded the motion.  6 yes votes.  1 absent (Commissioner Segarra left meeting after first item.)  Motion approved.



l        l        SP03-198 – Consideration and Action – Site Plan – Brookside Bell Professional Park


Planner, Jochums, made the presentation for the commission.  Staff forwarded the project with no recommendation based on the site plan not complying with the Planning and Design Guidelines.


General discussion took place regarding angled parking; scanty landscaping; elevations looking too stark and industrial for existing character of area; lacking the character the community is seeking; anticipated traffic concerns due to the K-8 school and daycare in close proximity; would like to see two access points off of Brookside and none on Mondell; lack of continuity in elevations; lack of transition from residential to commercial; the need to set a standard for the rest of the site plan; questions about the quality of materials used; lacking substance and timeliness; and, the need for an entirely new design that will set a standard and enhance the area.


Staff addressed the angled parking issue noting that the site did not have enough space, that angled parking was just not logistically possible with two way traffic.  Staff reminded the commission that every phase of the master site plan will be presented before commission, that angled parking will be encouraged for those sites with larger parking fields.


David Kincaid, DJK Consulting, stated the artist rendition of the buildings offered a view of the buildings, not the landscaping.  Landscaping will be built up and will mirror the area on the other side of street.  The traffic flow discussed goes against engineering goals. Due to the fact that Bell Road is retail intense, the developer’s idea was to “button down” the scale and design to keep it more in character with residential area.  Materials used will be painted scored block and metal accents.


Tom Pistorius, architect, detailed how they saw the transition from retail intense to residential, designing the site with the tower in center and the mailboxes in a central location; internal architecture includes overhangs providing shading devices and patterns.  Offered, as an option, to soften the colors used to minimize the effect of the drastic color contrast.


There were no public comments.


Morris made a motion to send Application SP03-198, with stipulations a – o, back to staff to work out staff’s concerns and to have the applicant respond to the commission’s concerns.  Blair seconded the motion.  6 yes votes.  1 absent (Segarra).  Motion approved.



l        l        SP03-227 – Consideration and Action – Site Plan – Bell West Ranch Shops


Planner, Atkins, gave the presentation.


General discussion took place regarding access to site; sidewalk and pedestrian circulation; use of angled parking; and appropriateness of the building mirroring neighboring structure.


Driveway abuts the Albertson’s property; and Albertson has opted at this time to install a curb.  Hoping, in time, that there will be access granted between the two properties.


There were no public comments.


Blair made a motion to approve Application SP03-227, subject to stipulations a – l, attached hereto as Exhibit C.  Morris seconded the motion.  6 yes votes.  1 absent (Segarra).  Motion approved.





l        l        ZTA02-349 – Consideration and Action – Zoning Text Amendment – Amendment to School, Civic, & Church Setbacks within the R1-18, R1-8, & R1-5 Zones


Planner, Penland, gave the presentation. 


General discussion took place regarding safety issues; traffic flow; objections to change; the flexibility on a site; allowance for more parking; and reasons for amendment.


Staff researched the topic when developers expressed concern about how restrictive the existing ordinance was.  Planner, Penland, informed commission that staff had determined that, after researching similar municipalities, the existing city ordinance did appear overly restrictive in comparison, in addition to being more restrictive than the setbacks for commercial development.  Staff didn’t research the safety issue specifically regarding changing the setbacks in these areas but didn’t come across any data that would indicate there is any additional risk to such a change.  The biggest advantage to changing the setbacks is the flexibility that it would allow on the site for developers, flexibility about ‘where’ to place a structure on a site and opportunity for a greater landscape buffer and parking.  City Attorney, Blilie, advised the commission that under federal law, a municipality couldn’t preclude churches from going into a residential area.  As is, the application of this ordinance could be construed as precluding churches from going into a residential area.  This change is necessary to comply with federal law.


Comment from the public:  Johnny Montoya, 15935 W. Lundberg St., representing Emmanuel Mennonite Church, supports this text amendment for R1-5, R1-8, and R1-15 when comparing Surprise ordinance to those of surrounding jurisdictions.  He feels the zoning may be outdated.  The suggested amendment would allow maximum flexibility on a site while still meeting Planning and Design Guidelines.


Public closed.


Morris made a motion to recommend approval of Application ZTA02-349.  Nachtigall seconded the motion.  4 yes votes.  2 no votes (Senft, Blair).  1 absent (Segarra).  Motion approved.



l        l        PP03-157 – Consideration and Action – Preliminary Plat – Sarah Ann Ranch


Due to Development Agreement issues, City Attorney, Blilie, suggested this application be continued to the next commission meeting.


There were no public comments.


Woodard made a motion to recommend continuing the Application PP03-157 to the October 21, 2003, Planning and Zoning Commission meeting.  Blair seconded the motion.  6 yes votes.  1 absent (Segarra).  Motion approved.



l        l        RZ03-226 – Consideration and Action – Rezone – Southwest Paintball Headquarters, Inc.


Planner, Jochums, gave the presentation.


General discussion took place regarding future impact of changing the zoning; use of portable restrooms; type of usage; setbacks; parking and maintenance of road leading to facility; and approving the site plan with the rezone application.


Applicant, Ward Adams, reiterated that the area is 7 – 10 years away from being developed formally.  His client is asking for permission to continue usage as has been used for the past ten years.  His client has a 5-year plan to operate as they have been for the past 10 years. 


Director, Testa, told commission that this would be a control mechanism for the area in the future.


Connie Zolinski, owner, asked if, instead of ‘paintball’ facility, that it be referred to as a recreational facility, less limiting that way. 


Recognizing this as a unique situation and to avoid placing a financial burden on the owner, the Commission and staff agreed to approve the rezone with the site plan attached, with stipulations – normally a separate process.  Stipulations as read into the record addressed the commission’s concerns about portable restrooms and maintenance of the road to, and parking lot of, the facility.


There were no public comments.


Woodard made a motion to recommend approval of Application RZ03-226 and approved the attached site plan as presented, subject to stipulations a – l (with stipulations g and j and k amended; and l added), attached hereto as Exhibit D.  Nachtigall seconded the motion.  6 yes votes.  1 absent (Segarra).  Motion approved.


Stipulation g as amended – strike the word “paintball”.  Stipulation to read:  “The subject parcel shall be rezoned to C-3 for the sole use as a recreational facility.  The property owner, or any future owner who desires to change the use on the site, be it principally permitted or conditionally permitted, shall be required to submit an application for consideration by the City of Surprise. “ 


Stipulation j amended as follows:  “Because the property is located within the vicinity of a military airport, the applicant shall comply with the noise attenuation standards adopted by the City;”


Stipulation k as amended – “As long as the site is a paintball facility with no adjacent development, a natural dirt parking lot may be utilized for the parking facilities subject to periodic watering of parking lot to control dust;” and


Stipulation l added – “The subject property may utilize portable restrooms until such time that a sewer interceptor is within a thousand feet of the property.”



l        l        CUP03-276 - Consideration and Action – Conditional Use Permit – Surprise Farms Phase IB Master Sign Program


Planning Manager, Phillips, gave the presentation. 


There were no comments from the commission or the public.


Blair made a motion to approve Application CUP03-276, subject to stipulations a – g, attached hereto as Exhibit E.  Nachtigall seconded the motion.  6 yes votes.  1 absent (Segarra).  Motion approved.





There were no public comments.





Chairperson and Commissioners:  Commissioner Woodard would like to see angled parking, per the Planning and Design Guidelines, used on all viable sites.


Community and Economic Development Director:  Director, Testa, reminded commissioners about theArizona Planning Association 2003 Annual Conference taking place October 15 – 17, 2003, at the Glendale Civic Center.  Again, the following commissioner/council members have been registered to attend: Jan Blair, Ken Senft, Randy Nachtigall, Dan Morris, Don Cox, Mike Woodard, Bob Vukanovich.  The website link with all the details of the conference to be emailed to those attending.


Director, Testa, handed out a memo regarding the General Plan Amendments and spoke of the joint workshop scheduled to take place on October 30, 2003.  He stressed the significant impact of these amendments and encouraged commission to contact staff with any questions or comments.





There was no further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 9:29P.M.



__________________________        ________________________________       

Ken Senft, Chairman                                                                                                                        Philip A. Testa, Director

Planning and Zoning Commission                      Community and Economic Development