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MINUTES

 

PLANNING AND ZONING COMMISSION

                                                           

12425 W. BELL ROAD, SUITE D-100

SURPRISE AZ  85374

 

REGULAR MEETING

 

November 18, 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 18, 2003.  Also in attendance with Chairman Senft were:  Vice Chairperson Jan Blair and Commissioners Dan Morris, Tony Segarra, Mike Woodard, and Randy Nachtigall.  Commissioner Bob Gonzales 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; Planner, Desmond McGeough, Planning Technician, Stephanie Wilson.

 

·       Approval of Planning and Zoning Meeting minutes of November 4 and November 12, 2003 

 

Morris made a motion to approve the November 4 and November 12, 2003, minutes.  Blair seconded the motion.  6 yes votes.  1 absent (Gonzales).  Motion carried.     

 

PRESENTATION:

 

OLD BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING:

 

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

 

Planning Manager, Phillips, gave the presentation.  Staff recommended continuing this item to the next commission meeting to resolve the access issue with the neighboring property. 

 

Commissioner Segarra asked that new packets of information on Application SP03-076 be provided for review.        

 

Blair made a motion to continue Application SP03-076 to the December 2, 2003, meeting.  Nachtigall seconded the motion.  6 yes votes. 1 absent (Gonzales).  Motion approved.

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING: n/a

 

NEW BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING: 

 

·       RS02-115 – Consideration and Action – Rural Subdivision – Hendricks Estates Rural Subdivision

 

Planner, Jochums, gave the presentation.

 

General discussion took place regarding:  delivery of packets; schedule of the GPAs; questions about the nature of the HOA and it being the provider of the sewer and water services; access off of Dale Lane; the possibility of “bladed” access; contour lines and Lot 1; concerns about access to site;

 

Applicant Janet Holloway spoke about the existing status of both Dale Lane and 155th Ave.

 

Nachtigall made a motion to approve Application RS02-115, subject to stipulations a – i (with h – “The applicant shall remove the note regarding private wells or septic systems from the final plat mylar” and i – “The applicant shall blade Dale Lane from its current terminus to 155th Ave.” added), attached hereto as Exhibit A.  Woodard seconded the motion.  6 yes votes. 1 absent (Gonzales).  Motion approved.

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING:

 

·       CUP03-250 – Consideration and Action – Conditional Use Permit – Poe Garage

 

Planner, Jochums, gave the present                                                                                                                                                                                                                           ation.

 

There were no comments from the commission or public on this item.

 

Segarra made a motion to approve Application CUP03-250, subject to stipulations a – e, attached hereto as Exhibit B.  Blair seconded the motion.  6 yes votes. 1 absent (Gonzales).  Motion approved.

 

·       GPA03-248 – Consideration and Action – General Plan Amendment

 

Planner, McGeough, gave the presentation.

 

General discussion took place regarding the requirement to mitigate the flood issue such as grading and drainage reports; the location of the homes to the flood zone area; proposed densities; access, transportation and infrastructure issues; trail system; the alignment of El Mirage Road and how it will connect with Dysart Road; and the setback / buffer requirements in the UDC with regard to the high water mark of the flood plain.

 

Director, Testa, advised the commission that this is a GPA only to add to the current planning area and reconciling the land uses within the General Plan.  The GPAs are only designating land use, not entitlement.  This density is an agreement made between the City and State.

 

Planning Manager, Phillips, advised the commission that the flood zone issue and proximity of homes to the flood zone can be discussed at the time that the UDC moves forward.   He went on to give an overview of the progress being made to improve the transportation issues.  And once again he referenced the UDC as a method of mitigation for many of the issues (with the exception of the traffic issues). 

 

Greg Keller, representing the Arizona State Land Department came to the table to answer questions from the Commission.   Commissioner Segarra asked if the state would back out of the deal if the density was less than the 3-5 DU/acre as proposed.   Mr. Keller responded that any less density would not be appropriate for the State to be able to sell this property.  The state land commissioner would be the only person able to make the decision on whether it would be feasible to reduce the density.

 

Bill Hafeman, Planning and Zoning Director for Sun City West, wants to challenge the density stated for Sun City West and further explained the developments to the north of the stated project.  Is asking that the Commission restrict the density to 1-3 homes per acre.   Commissioner Morris questioned Mr. Keller about the property to the North.

 

Commissioner Morris asked that Exhibit “A” be re-labeled with the case number and the date.  Director, Testa, noted that the date should be the Council approved date; however, an “exhibit” date can be noted.

 

Segarra made a motion to recommend approval of Application GPA03-248 with lower densities.  Blair seconded the motion.  6 yes votes. 1 absent (Gonzales).  Motion approved.

 

·       GPA03-249 – Consideration and Action – General Plan Amendment

 

Planner, McGeough, gave the presentation and staff requested that this item be tabled with the directive to discuss land uses with the surrounding municipalities, such as Peoria and Wickenburg.

 

General discussion took place regarding time limitations for major GPAs; other cities such as Peoria adding this into their planning area; feasibility study; and the sharing of infrastructure concerns.

 

Planning Manager, Phillips, advised the commission that there needs to be more discussion between the two city councils.  Staff is requesting specific direction on whether or not this is worth pursuing.   Staff is recommending to continue the review of this proposal as a planning area expansion and to work with the other municipalities.

 

Director, Testa, advised the commission that current funding should cover the costs involved in further investigating the feasibility of this proposal.

 

The Commission forwards a recommendation to continue GPA03-249 to the Mayor and City Council with a directive for staff to continue pursuing the inclusion of this area into the City’s general planning area and to begin discussions with the Town of Wickenburg and the City of Peoria to evaluate potential land use north of State Route 74.  Morris made a motion to continue Application GPA03-249.  Segarra seconded the motion.  6 yes votes. 1 absent (Gonzales).  Motion approved.

 

·       GPA03-247 – Consideration and Action – General Plan Amendment

 

Planner, McGeough, gave the presentation.  He passed out a new proposed General Plan Land Use Luke AFB Aux1 APZ overlay exhibit.  Staff is recommending support of the Monthofer request that the City apply a suburban residential designation, a 1-3 land use designation, behind the 1.5 mile line to the 2.0 line, and with that she would agree to dedicate a total of 30 acres of open space on the northwest portion on her property to provide an additional buffer for air traffic fly overs. 

 

General discussion took place regarding: the proposed densities and if they are consistent with the graduated density concept; the basis of the decision to place employment inside the 60 decibel line and crash zone; definition of the density levels; kudos to staff for outreach to public and Luke; definition of density transfer; how proposed changes may be affected by aircraft using Luke; questions about the current zoning of the employment areas and when the zoning would be set in the areas of the noise contour; and questions about the process of annexation and votes required to annex and how each parcel is considered as far as number of votes allowed according to land valuation. 

 

Planning Manager, Phillips, mentioned staff’s concern that the data provided may not stay relevant over the life of the General Plan.  It is also not a good way to plan development around the noise contour lines.  It is better to use the existing section lines to define them more clearly when developing the properties in this area. He believes it is essential to also work with the county to ensure compatible land uses so that this area can be preserved regardless of annexation.

 

City Attorney, Blilie, explained the process and the probability of Surprise being able to obtain 51% vote to annex.

 

Greg Keller, representing the Arizona State Land Department came to the table to answer questions from the Commission and to further discuss the state’s viewpoint of the proposed GPA for compatible land uses and to answer questions from the commission.  Furthermore, he asked the commission for their support and recommendation for approval.

 

Discussion opened to the public.

 

Alan Kennedy, called for comment – no longer in audience.

 

Andy Moore, representing property owners in section 7 of the proposed amendment, in special planning area 4. Supports the proposal.

 

Frank Fox, recommends keeping a lower density along the width of the wash that runs from Dove Valley Road, south to the Cap.  Approximately ½ mile wide. 

 

Elizabeth Oldham, presented the commission with a copy of the petition and the 663 signatures gathered opposing the amendment to the Surprise General Plan.  She read into the record an email provided by the Airforce base to her regarding the position of the base in relation to the growth and development of land near the flight path.  She wants to know what will happen to the homes already existing along Jomax Road and the requirement to tie into the City’s water and sewer facilities.  She asked if there was a more updated Noise Contour map.

 

Commissioner Segarra asked the speaker, Oldham, to clarify if the petition was opposing the land uses or just total opposition with annexation.  Clarification requested so that the message can be carried forward the Mayor and City Council. 

Public hearing closed.

 

Commissioner Morris mentioned a concern about the density issue in item #7.  

 

Nachtigall made a motion to recommend approval to the Mayor and City Council of Application GPA03-247, Auxiliary Airfield #1 Preservation, as amended by the text attached hereto, and the corresponding land use map dated 11/14/03, and deleting change #8, adding the Monthofer amendment referred to as change #11 (“Staff is recommending support of the Monthofer request that the City apply a suburban residential designation, a 1-3 land use designation, behind the 1.5 mile line to the 2.0 line, and with that she would agree to dedicate a total of 30 acres of open space on the northwest portion on her property to provide an additional buffer for air traffic fly overs.”), and adding the Clear zone, APZ 1 and APZ2 zones with uses consistent with those identified in ARS §28-8481(k).  Morris seconded the motion.  6 yes votes. 1 absent (Gonzales).  Motion approved. 

 

CURRENT EVENTS REPORT

CHAIRPERSON AND COMMISSIONERS:

 

Commissioner Segarra – Wondering if it would proper for Commission to ask Council for a recommendation for the storage facility at the Surprise Center.  Commissioner Nachtigall would like to attend a TAC meeting and wants to know how to set that up.  Director, Testa, directed him to speak to Shelley Hohman. Commissioner Morris – questioned the action by Council regarding the Model Home complexes and the requirement to display a particular product. Rusty Mitchell, Director of the Community Initiative Team, came up to speak again regarding issues of concern brought up by county residents.

 

COMMUNITY DEVELOPMENT DIRECTOR: none

 

ADJOURNMENT:

 

There was no further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 9:33 P.M.

 

        

__________________________          ________________________________      

Ken Senft, Chairperson                      Philip A. Testa, Director

Planning and Zoning Commission       Community and Economic Development