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MINUTES

 

PLANNING AND ZONING COMMISSION

                                                                               

12425 W. BELL ROAD, SUITE D-100

SURPRISE AZ  85374

 

REGULAR MEETING

 

November 4, 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, November 4, 2003.  Also in attendance with Chairman Senft were:  Vice Chairperson Jan Blair and Commissioners Dan Morris, Tony Segarra, Bob Gonzales, and Randy Nachtigall.  Commissioner Mike Woodard was absent.

 

Staff Present:

 

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

 

·        Approval of Planning and Zoning Meeting minutes of October 21, 2003 

 

Morris made a motion to approve the October 21, 2003, minutes.  Segarra seconded the motion.  6 yes votes.  1 absent (Woodard).  Motion carried.     

 

PRESENTATION:

 

OLD BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING:

l        PADA03-343 – Consideration and Action – Minor PAD Amendment – Desert Oasis Lighting Scenario on the Baer Parcel

 

Planning Manager, Phillips, gave the presentation. Desire is to maintain rural character while providing an appropriate standard of lighting. 

 

General discussion took place regarding 100% cutoff language; prohibitive cost of decorative poles; standards and City liability; low lighting as desired in the community; and the height of the poles.

 

Applicant, Cliff Leatherwood, addressed the commission.  Mr. Leatherwood feels the City has undermined his position with the residents of his developments.  Back in 2000, the biggest issue was the lighting.  Was to be a low light project.  Lights only at intersections originally.  Then Engineering came up with public safety issues on 163rd Ave.  Low lights were promised but the City has gone back on original agreement.  Jomax is not going to be as big as 163rd Avenue, doesn’t need to be lit up as much.  Jomax is only a half street, county owns other half.  Applicant suggests only lighting up at intersection at Jomax and 163rd Ave.  The lighting issue is holding up the process, the project needs to move forward and applicant wants it a part of the record that he is only doing what is being stipulated by the City.  He is doing what he is being told to do.  He would like to keep low level lighting on the interior, lit up at intersection only, one per intersection.  The narrow streets provide traffic calming.  Leave area dark to eliminate vehicles cutting through development to Jomax.

 

Planning Manager Phillips clarified that the situation deals with city municipal code regarding the type of illumination on streets; there are liability issues; the City has an obligation to light to a standard, if it lights at all; what is being proposed on the Baer parcel is a ‘lesser’ standard – this is not “high” illumination of the area.  Scottsdale made this sort of concession, to do so is not unique.  This is a PAD amendment, allows for some flexibility.  There is a need for lighting on 163rd.  Must meet minimum requirements.  Cannot support substandard levels.  City Attorney, Blilie, clarified that half street improvement funding needs to be proportionately provided by applicant.

 

Discussion opened to the public.  Michael Stuntz, 29537 155th Ave., Surprise, AZ.  Speaker owns quite a bit of property and agrees that low lighting is necessary.  He feels his opinions represent the opinions of the other residents.  Residents chose the area in order to get out of the valley and enjoy the darkness.  They need to control how the lighting is developed as much as possible to maintain the dark sky.  Need to keep the level as low as possible. 

 

Public discussion closed.

 

Therefore, the proposal is as follows:

 

a.      163rd Avenue, and the intersection of Jomax and 163rd Avenue, the applicant shall use shoebox lighting with full cut-off at the necessary height, with the maximum pole height shall not exceed twenty-five (25) feet, and spacing to meet the current lighting criteria of the City, and place those lights in the median where possible.  Additionally, the Developer shall pay to the City the Developer’s proportionate share of the street lighting along Jomax Road prior to the City accepting Jomax Road.

 

b.      On all other streets, the applicant shall use shoebox lighting with full cut-off at intersections only and at a mounting height not to exceed twenty-five (25) feet.  The lighting at intersections shall be provided to meet the minimum current lighting criteria of the City.

 

Natchtigall made a motion to recommend approval of Application PADA03-343, subject to stipulations a – b, as amended by the City Attorney.  Segarra seconded the motion.  6 yes votes.  1 absent (Woodard).  Motion approved.

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING: n/a

 

NEW BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING: 

 

l        Consideration and Recommendation – Amendment of Single Family Home Product Design Guidelines, to Amend Restrictions for Model Home Complexes

 

General discussion took place regarding how this became an item for consideration and review.  

 

Director, Testa, briefed the commission that, initially, the Home Builders Association felt the language of the Single Family Home Product Design Guidelines was subject to too much interpretation.  In response, staff developed a matrix to assure quality enforcement.  Product earns points, the point system assures quality enforcement.  Builders then must model the same products that earned the points. Gets the high end product out there for buyers to view.  Builders want to model the low end product.  Staff contends that since people tend to buy what they see, buyers will purchase only what builders model and without this quality enforcement in place, builders will only model low end product. Staff feels this the goal is not to restrict but to guarantee a variety of options for buyers.  The Mayor wants to strike this quality enforcement; doesn’t feel the City can dictate what the builders chose to model in their model home complexes.  Staff believes that what is modeled is what is sold.  Goal is offering more options of better product.

 

Blair made a motion to recommend denial of the recommendation to amend restrictions to Model Home Complexes.  Gonzales seconded the motion.  6 yes votes.  1 absent (Woodard).  Motion approved.

 

 

l        SP03-076 – Consideration and Action – Site Plan – Bell Road West RV Sales

 

Planner, Penland, combined the presentations for RZ02-089 and SP03-076. 

 

General discussion took place regarding: the shared driveway; amount of traffic; safety issues; the mirrored concept; appropriate turning radius to accommodate emergency access and maneuvering fifth wheels; intent of time limit of use permit; possibility of a decel lane; easement to allow Rose Garden residents access and to eliminate congestion; location of pork chop-shaped concrete island in driveway; holding 25’ easement for future dedication of ROW; site plan approval contingent upon approval of rezoning; neighborhood concerns about traffic congestion and negative aesthetic views; and who is to pay for improvements.

 

Applicant, Jon Martens, architect of the project, and Larry Dupont, owner of the property, addressed the commission.  Curb cut exists but they have explored a lot of different options to work through the conflicts with existing traffic patterns; wants to promote safest possible solution; the 25’ easement runs the full length of the eastern property line goal and will allow for the Rose Garden traffic to come north and turn at the stoplight.  Working with staff and adjacent neighbor, seeking a multi property solution.  Stressed that the arrangement proposed is an interim solution to allow the business to begin operation with the time stipulation to come to an agreement about the alignment with the adjacent owner.  The owner has lost a lot of time and fears if the process is stalled again with a denial of the site plan, he will lose another ‘season’ of business.  The owner stressed that there isn’t a high volume of customers to his lot; the actual impact to the traffic on Bell Road will be minimal.  After some discussion, it was decided to revisit the existing concrete island in the driveway with the engineering department. 

 

Understanding the commission’s direction, staff assures the commission that a meeting will be scheduled immediately with the applicant, staff, and the adjacent property owner to work towards resolving the access/traffic issue.  The possibility and likelihood of a traffic light being installed to manage traffic and ease concerns about congestion and safety and that would benefit both parcels.  Staff recommends moving the site plan forward and, considering the time it will take for the rezone to be approved by City Council, the parties involved can further discuss the traffic issue.

 

Discussion opened to the public.  Lyle Tuttle, Coyote Lakes resident.  Speaker notes that the number of meetings he has attended on this item.  He is concerned about the traffic issue and benefits of a traffic signal.  Believes the project goal involving the alignment is a workable option.  He feels his opinions represent the opinions of the other residents. 

 

Public discussion closed.

 

Segarra made a motion to approve Application SP03-076, subject to stipulations a – q (with stipulation k amended to reflect “site plan dated October 20, 2003”; and l amended - The owner agrees to abandon the driveway access off of Bell Road at such time that shared access is available at the Coyote Lakes Parkway alignment; and p added – Site Plan approval will be contingent upon the approval of application RZ02-089, the proposed rezone from C-2 to C-3 of the subject property; and q added – The applicant shall eliminate the pork chop within the existing driveway off of Bell Road subject to City Engineering approval), attached hereto as Exhibit A.  Blair seconded the motion.  3 yes votes.  3 no votes. (Senft, Gonzales, Nachtigall).  1 absent (Woodard).  Motion failed.  Morris made a motion to continue Application SP03-076 to the November 18 meeting.  Blair seconded the motion.  6 yes votes. 1 absent (Woodard).  Motion approved.

 

 

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

 

Planner, Jochums, gave the presentation.  He stated the applicant acknowledged the commission’s previous comments about angled parking but, upon further review, the applicant feels the parking on the site, as presented, is the best design and allows for the most efficient traffic flow.  Access points and the subtle changes to the color schemes were also discussed.

 

General discussion took place regarding: sidewalks and amount of clear foot path; use of slope roof; location of handicapped parking stalls; construction materials; four sided architecture; the color scheme and use of baked enamel on CMU blocks.

 

Architect, Tom Pistorius, addressed the commission’s questions.  Feels the project team has provided a product that addressed the commission’s previous comments while meeting City code including: sidewalks, access points, providing a more appealing slope roof, four sided architecture, significant landscaping, details such as pilasters and columns, tension rods and brackets, that will provide the desired shade and shadow effects.  Applicant will review the site’s location of handicapped parking stalls to make them more appropriate to user and specific building location.

 

Morris made a motion to recommend approval of Application SP03-198, subject to stipulations a – o (with stipulations n – The applicant shall provide five (5) foot clear sidewalk path wherever parking stalls abut walkways, and o – The applicants shall disperse the handicapped parking stalls through out the site in accordance with ADA guidelines added), attached hereto as Exhibit B.  Natchtigall seconded the motion.  6 yes votes.  1 absent (Woodard).  Motion approved.

 

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING:

 

l        RZ02-089 – Consideration and Action – Rezone – Bell Road West RV Sales – Rezone from C-2 to C-3

 

Grant gave presentations for RZ02-089 and SP03-076 together.

 

There were no public comments.

 

Morris made a motion to recommend approval of Application RZ02-089, subject to stipulations a – d (with stipulation c as amended – The owner agrees to abandon the driveway access off of Bell Road at such time shared access is available at the Coyote Lakes Parkway alignment), attached hereto as Exhibit C.  Segarra seconded the motion.  6 yes votes.  1 absent (Woodard).  Motion approved.

 

 

l        PP03-208 – Consideration and Action – Preliminary Plat – Rancho Gabriela Phase Two, Parcel 11

 

Planner, Penland, gave presentations for PP03-208 and PP03-280 together.

 

General discussion took place regarding alternative surfacing materials; and the school district letter dated 1999.  Staff noted that this was the original letter issued with the PAD and that the school district has been apprised of all developments regarding the original PAD.

 

There were no public comments.

 

Morris made a motion to recommend approval of Application PP03-208, subject to stipulations a – j, (with stipulation j added – the applicant shall continue to work with the Fire Department and the Community and Economic Development Department to explore alternate surfacing for the emergency vehicle access routes), attached hereto as Exhibit D.  Nachtigall seconded the motion.  6 yes votes.  1 absent (Woodard).  Motion approved.

 

 

l        PP03-280 – Consideration and Action – Preliminary Plat – Rancho Gabriela Phase Two, Parcel 17

 

Planner, Penland, gave presentations for PP03-208 and PP03-280 together.

 

There were no public comments.

 

Blair made a motion to recommend approval of Application PP03-280, subject to stipulations a – j, (with stipulation j added – the applicant shall continue to work with the Fire Department and the Community and Economic Development Department to explore alternate surfacing for the emergency vehicle access routes), attached hereto as Exhibit E.  Nachtigall seconded the motion.  6 yes votes.  1 absent (Woodard).  Motion approved.

 

 

l        CUP03-231 - Consideration and Action – Conditional Use Permit – Moon Valley Nurseries

 

Planner, Penland, gave presentation.

 

General discussion took place regarding the location of the fence in relation to the sidewalk on site; and handicapped parking – meet the requirements but also be sensitive to placement and accessibility of parking stalls on site.

 

Morris made a motion to approve of Application CUP03-231, subject to stipulations a – h, attached hereto as Exhibit F.  Nachtigall seconded the motion.  6 yes votes.  1 absent (Woodard).  Motion approved.

 

 

l        CUP03-296 - Consideration and Action – Conditional Use Permit – Albertson’s Master Sign Program at Bell West Ranch

 

Planning Manager, Phillips, gave the presentation.

 

There were no comments from the commission or public.

 

Blair made a motion to approve Application CUP03-296, subject to stipulations a – h, attached hereto as Exhibit G.  Morris seconded the motion.  6 yes votes.  1 absent (Woodard).  Motion approved.

 

 

l        PP03-299 – Consideration and Action – Preliminary Plat – Bell West Ranch, Parcel 3

 

Planner, Penland, gave presentation.

 

General discussion took place regarding: mid block paths; wall height; wall construction; restricting building permits for walls through City review; HOA involvement; need for pedestrian crosswalk sign; handicap ramp installation; width of sidewalk; and water retention areas.

 

Applicant, Bruce Schroeder, stated the wall would be constructed at time of development and established before homeowner purchasing.  All pass throughs will meet traffic-engineering requirements and handicap ramps will be installed.  Applicant agrees to stipulation regarding width of sidewalk.  There are no play areas in the area designated for water retention.

 

There were no public comments.

 

Blair made a motion to recommend approval of Application PP03-299, subject to stipulations a – m (with l added – The applicant shall denote the area along the road in front of each pass through as a pedestrian crossing; and m added – The sidewalks within the pass through shall be 5’6” wide), attached hereto as Exhibit H.  Morris seconded the motion.  6 yes votes.  1 absent (Woodard).  Motion approved.

 

DISCUSSION TOPIC

 

l        Discussion regarding Balancing Water Use For Amenities vs. Limited Water Resources

 

Water Services Director, Rich Williams gave the presentation.  Commission was given a handout.

 

General discussion took place regarding: use of water features, specific water services direction on applications; drainage canals; working towards generating an ordinance that will give direction; frustration over lack of knowledge to enable the commission to make educated decisions as a board; conservation vs. quality of life issues; and how to achieve the balance between conservation and encouraging the aesthetic value of water features in plans.

 

Water Services Director, Williams, addressed the commission and praised them for their legitimate concerns about the conservation issue.  He feels the message is out there to use water wisely but more ‘truth in advertising’ would be helpful to the cause.  The desire to control erosion and yet still look reasonable doesn’t always have to mean using turf.  Changes to, such as adding an additional water-services related checklist, to the process guides was discussed.  The water features offered by the El Paso B-que Restaurant wasn’t unreasonable, in Rich’s opinion, considering the water usage and evaporative issue were minimal and because the features added to the ‘quality of life’ in Surprise.   The goal of the Water Services Department is to have a full-blown ordinance in place by the second half of 2004.

 

OPEN CALL TO THE PUBLIC:

 

There were no public comments.

 

CURRENT EVENTS REPORT:

 

Chairperson and Commissioners:  Chairperson Senft reminded the commissioners they would be meeting, regarding the GPA hearings, on November 12th and the 18th.  Commissioner Morris voiced concerns about the possibly overzealous lighting of the Quilceda Villa Senior Housing complex.  Staff will monitor.  Lot ties were discussed and staff is investigating that issue.

 

Community and Economic Development Director: Director, Testa, passed out a pamphlet from the AZ Dept. of Commerce for the 2003 Annual Boards and Commissions Conference scheduled to take place on Friday, December 5, 2003.  He would like to encourage all commissioners to attend this conference. 

 

ADJOURNMENT:

 

There was no further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 9:55 P.M.

 

           

__________________________      _______________________________         

Ken Senft, Chairman                               Philip A. Testa, Director

Planning and Zoning Commission    Community and Economic Development