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12425 W. BELL ROAD, SUITE D-100





December 2, 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, December 2, 2003.  Also in attendance with Chairman Senft were:  Vice Chairperson Jan Blair and Commissioners Tony Segarra, Bob Gonzales, and Randy Nachtigall.  Commissioners Dan Morris and Mike Woodard were absent. 


Staff Present:


City Attorney, Jeff Blilie; Planning Manager, Scott Phillips; Planner, Desmond McGeough.


·       Approval of Planning and Zoning Meeting minutes of November 18, 2003 


Blair made a motion to approve the November 18, 2003, minutes.  Nachtigall seconded the motion.  4 yes votes.  3 absent (Morris, Woodard, Segarra – Commissioner Segarra joined the meeting directly after the vote on the minutes).  Motion carried.     








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


Planning Manager, Phillips, gave the presentation. 


General discussion took place regarding resolving the access issue with the neighboring property; traffic congestion and safety issues; condemnation; amount of customer generated traffic, including delivery of vehicles; possibility of deceleration lane; traffic signal; who pays for what and how much of the cost will the City be responsible for; timing of construction; and the sidewalk.


Planning Manager, Phillips, advised the commission that staff was recommending approval of the site plan, noting the applicant has moved forward in good faith and cooperated and should not be held up by elements, such as the neighboring property not cooperating, that are beyond his control.  Also, the rezone for this property, on the schedule to go before the Council, is use specific.  Addressing the discussion of condemnation, Planning Manager, Phillips, noted that process could take years to accomplish and reiterated again that the application should not be stalled, that the applicant had fully cooperated and moved forward in good faith.  Issues such as improvement costs would have to be reviewed and approved by the Council.


Larry Dupont, applicant, was available for discussion, as was Paul Van Loo, owner of Van’s RV Sales.  Mr. Dupont worried his property was going to be rendered useless because of the access issue off of Bell Road.  Mr. Dupont responded to commission’s questions about customer traffic, noting that his business would not generate the type of traffic that should add to the congestion on Bell Road in any major way.


Paul Van Loo, noted that he would be willing to cooperate with the City once he could understand exactly what the City expected.  He mentioned selling property to the City, the need to ‘fix’ the traffic signal, and the possibility of the deceleration lane.  Agreed that a combination of the deceleration lane and traffic signal would greatly enhance the level of safety in this situation as with any traffic attempting to turn off of Bell Road.  A shared entrance and left hand lane was proposed.


City Engineer, Bob Maki, agreed that steps need to be taken to make the corridor as safe as possible.  He would like the full depth of the property to be made available; that the City is seeking a long-term solution to the Rose Garden area.


Lyle Tuttle, 11662 Pincushion Ct, addressed the ‘flipping’ of the original site plan and how, in light of the changes discussed, this may have to be reversed to work.  Larry Dupont, applicant, stated that things will need to be reconfigured.  Mr. Tuttle also issued kudos to city staff for being an example of ‘government that listened and took action’ on behalf of the citizens.


Stipulations read into the record by City Attorney, Blilie:

Stipulation r : The applicant shall be responsible for constructing, or paying for the construction of, the eastbound deceleration lane at Bell Road and Coyote Lakes Parkway, including the relocation of the existing pole.


Stipulation s : The applicant shall be responsible for constructing, or paying for the construction of, the half street improvements along the east side of the property from Bell Road, south approximately one hundred (100) feet.


Stipulation t : The applicant may defer constructing the sidewalk until the deceleration lane is constructed.


Stipulation u : The applicant shall be responsible for paying one-half (1/2) of all costs to improve the traffic signal at Bell Road and Coyote Lakes Parkway.


Nachtigall made a motion to approve Application SP03-076, subject to stipulations a – u (with r, s, t, and u added), attached hereto as Exhibit A.  Gonzales seconded the motion.  5 yes votes. 2 absent (Morris and Woodard).  Motion approved.












Planner McGeough gave the presentation, stating the applicant had requested a continuance on this item to the December 16th meeting.  Meanwhile, staff wanted to take advantage of the meeting to field any major concerns the commission may have about the PAD.


General discussion took place regarding the construction and materials of the gate of the gated community; possibility of discouraging the water feature, encouraging, instead, desert landscaping at the entrance; the meandering trails; water and sewer service provider; width of horse trails; Pinnacle Peak Road being identified as a major arterial; and the school district.


Discussion opened up to the public.  Councilman Don Cox, 17337 Peggy Lane, had questions about the water and sewer services, noted on the staff report as being provided by the City of Surprise.


City Attorney, Blilie, noted that the project is in the City of Surprise water and sewer service area.  The developer has entered into a preannexation development agreement that addresses the water and sewer services.  Until such time that the services are available, the developer is seeking approval from Maricopa County to use a septic system for each individual lot while constructing a full sewer interceptor system that will eventually connect to the regional sewer treatment plant.  They will be paying a proportionate share of the costs of connecting the interceptors to the regional sewer treatment plant.  Once the treatment plant comes on line, the developer will be responsible for disconnecting each lot and properly eliminating, per state law, all septic tanks. Total is 561 lots.  Maricopa County Environmental Services will only allow a 65% build out before a ‘wet’ sewer connection is available.  Homeowner will be responsible for costs to connection.  Wells will be used for water, possibly using the Desert Oasis well for storage and distribution.  Staff had, prior to bringing it before Commission, investigated the concerns voiced by Commissioner Gonzales regarding septic tanks and what Maricopa County will allow.  Maricopa County does permit septic tanks to be used on R1-18 lots granted that connections are provided within a certain time and that subdivision build-out doesn’t exceed a certain percentage.  Planner McGeough to provide a copy of the letter from Maricopa County regarding this issue.   Approval ultimately has to come from Maricopa County.  Staff will be also be meeting with applicant to discuss issues such as the status of Pinnacle Peak Road and how the horse trails may impact that.


Blair made a motion to continue Application PAD03-110 to the December 16, 2003, Planning and Zoning meeting.  Gonzales seconded the motion.  5 yes votes. 2 absent (Morris and Woodard).  Motion approved.






CHAIRPERSON AND COMMISSIONERS:  Chairperson Senft asked commissioners for any feedback/developments in their assigned “areas of expertise” before the 3rd Wednesday of December for his Economic Development report.







There was no further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 7:15 P.M.



__________________________          ________________________________      

Ken Senft, Chairperson                      Scott Phillips, Planning Manager

Planning and Zoning Commission       Community and Economic Development