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Minutes for P&Z Commission regular meeting on January 6.

 

 

MINUTES

 

PLANNING AND ZONING COMMISSION WORKSHOP

                                                                               

12425 W. BELL ROAD, SUITE D-100

SURPRISE AZ  85374

 

January 6, 2004

5:00 P.M.

 

Call to Order:

Roll call:

 

Chairman Ken Senft called the Planning and Zoning Commission Workshop to order at 5:00 p.m. at the Surprise City Hall – 12425 West Bell Road, Suite D-100, Surprise, Arizona, 85374, on Tuesday, January 6, 2004.  Also in attendance with Chairman Senft were:  Vice Chairperson Jan Blair and Commissioners Dan Morris, Mike Woodard, Tony Segarra, and Bob Gonzalez.  Commissioner Randy Nachtigall was absent. 

 

Staff Present:

 

City Attorney, Jeff Blilie; Community and Economic Development Director, Phil Testa; Planning Manager, Scott Phillips; Consultant, Janice See; Consultant, Larry Wylie; Planner, Andy Jochums; Planner, James Atkins; Planner, Penland; Planner, McGeough; and Planning Technician, Stephanie Wilson.

 

Council Members Present:

 

Mayor Shafer, Vice-Mayor Cox, and Councilman Bob Vukanovich.

 

PRESENTATION:

 

Planning Manager, Phillips, gave the presentation to workshop attendees on the Surprise Unified Development Code update of Chapter 4, Character Patterns.  It was noted that there will be a second workshop to further discuss Chapter 4, 5, and 6 scheduled on January 20, 2004, just prior to the regularly scheduled Planning and Zoning Commission meeting. 

 

Staff is continuing the public information and review phase of the implementation of the Surprise Unified Development Code (SUDC).  The SUDC will serve to provide a single, user-friendly ordinance for development projects, as well as updating the existing code to reflect the current development philosophy of the City of Surprise. 

 

The Character Patterns chapter provides language that serves to bridge the gap between the General Plan and zoning.  Based on extensive research, the chapter uses “best practices” of various cities that have successfully implemented character patterns as a development tool.  The idea behind establishing Character Patterns is consistent with the General Plan and the adopted Planning and Design Guidelines Manual that defines an image and a character for the City.  It will serve to establish the City’s ‘vision’ for a specific corridor, prior to the developer beginning the application process with the City.  It will be the Council’s decision on how land use is defined.  Marley Park and Verrado by DMB was mentioned as examples of using Character Patterns as a tool to define an area.  Character Patterns will be consistent with the General Plan.  Density and infrastructure was discussed – with the issue of long-term sustainability of infrastructure and services and how the consideration of density will provide a give the City leverage in decision-making. 

 

General discussion took place regarding: impact on rural designation; creation of transition areas; consideration for density to justify cost of infrastructure; problems with City services needs keeping up with demand; changing designations; build-to lines vs. setbacks; how zoning defines uses; design issues impacting diversity and connectivity; role of City Council direction; and the basis/justification for establishing Character Patterns as a model.

 

ADJOURNMENT:

 

There was no further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 5:59 P.M.

 

           

__________________________                    ________________________________       

Ken Senft, Chairperson                                    Philip A. Testa, Director

Planning and Zoning Commission                      Community Development Department

 

 

 


MINUTES

 

PLANNING AND ZONING COMMISSION

                                                                               

12425 W. BELL ROAD, SUITE D-100

SURPRISE AZ  85374

 

REGULAR MEETING

 

January 6, 2004

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, January 6, 2004.  Also in attendance with Chairman Senft were:  Vice Chairperson Jan Blair and Commissioners Dan Morris, Mike Woodard, Tony Segarra, and Bob Gonzalez.  Commissioner Randy Nachtigall was absent. 

 

Staff Present:

 

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

 

·        Approval of December 16, 2003, Workshop minutes for Chapters 1, 2, and 8 and Planning and Zoning Meeting minutes of December 16, 2003 

 

Woodard made a motion to approve the two sets of December 16, 2003, minutes.  Morris seconded the motion.  4 yes votes.  1 absent (Nachtigall).  2 abstained (Segarra, Blair).  Motion carried.     

 

PRESENTATION:

 

OLD BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING: n/a

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING: n/a

 

NEW BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING: 

 

·        SP03-349 – Consideration and Action – Site Plan – Surprise Medical and Professional Offices

 

Planner, Jochums, gave the presentation.  He noted that the median will not be pursued as previously noted.  No additional stipulations required.  If City decides on median at a later date, City will deal with the cost.

 

General discussion took place regarding:  the basis of the decision regarding the median; positive feedback regarding the information provided in the staff report and the design of the site.

 

Morris made a motion to approve Application SP03-349, subject to stipulations a – l (stip h to be stricken, included erroneously), attached hereto as Exhibit A.  Segarra seconded the motion.  6 yes votes. 1 absent (Nachtigall).  Motion approved.

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING:

 

·        ZTA03-254 – Consideration and Action – Zoning Text Amendment – Title 17, Text Amendment to Allow Tattoo Parlor Use and Massage Parlors

 

Planning Technician, Wilson, gave the presentation.  After lengthy discussion regarding the Massage Parlors language included in ZTA03-254, it was decided to eliminate reference to Massage Parlors and bring that portion back for review at a later date.  More research needs to be done.  Staff proceeded with the Tattoo and Body Piercing portions of the ZTA03-254.

 

General discussion took place regarding: applying the most restrictive zoning; suggested as permitted in I2 and I3 and conditionally in C3; ear piercing; zoning and business licenses issues; definition of piercing read - state licensing provisions; how operation and conduct of business will be handled on the business licenses end of the process; state regulations; City plans to be very restrictive; who enforces; public input; and the impact of such shops on the character of City.

 

Staff responded to the commission’s concerns.  Advised them about adhering to zoning and how the ordinance is adopted.  Need legitimate reason for denying if it comes before commission – health, safety, or welfare reason.  That it is the commission’s prerogative to strike C-3 as an option.  Setbacks are established to deal with safety issues and addressing the criminal element that is sometimes associated with this type of business.  City Attorney, Blilie, advised commission that there are restrictions that will be written in regarding age, mental capacity, etc.  Police will enforce.

 

Discussion opened to the Public: Kenneth Raske, 15767 W. Grand Point Lane.  Doesn’t want the garbage that comes with such establishments.  Trashy looking, he doesn’t want it in the city.  Suggested putting so many restrictions that no business will be a part of it.  Mayor Joan Shafer, City Hall, would like it to be restricted to industrial area only.  Health issue concerns.  Put it in industry zone and keep it out of sight.  Jennifer Ellis, 14764 W. Banff Lane, is a proponent of the act but not wanting the element in her neighborhood.  Aesthetics – awful.  Afraid for the impact on the City’s youth.  Public discussion closed.

 

City Attorney, Blilie, answered commission’s question regarding restricting the use altogether.  City cannot prohibit the business but can put an ordinance in effect that will restrict zoning and all policies regarding operation of the business.  I-2 and I-3 as a conditional use would be most restrictive but City Attorney, Blilie, advised against establishing a standard that is more restrictive than sexually oriented business, which is principally permitted in I-2 and I-3.  Director, Testa, reminded commission that, if principally permitted and business goes into an existing structure, commission may never see it.

 

Blair made a motion to strike massage language from consideration of Application ZTA03-254, for further research.  Segarra seconded the motion.  6 yes votes. 1 absent (Nachtigall).  Motion approved.  Blair made a motion to recommend approval of Application ZTA03-254, as amended.  Segarra seconded the motion.  6 yes votes. 1 absent (Nachtigall).  Motion approved.

 

·        CUP03-279 – Consideration and Action – Conditional Use Permit –  Sonic Drive-thru Restaurant

 

Planner, Atkins, gave the presentation.  He addressed the issue of discouraging the ‘tent-like’ shade structure as presented on the plan and suggested construction of some permanence, duplicating style and materials on main structure.

 

General discussion took place regarding:  trellis language in stipulation m; hours of operation; and lighting issues. 

 

Architect, Stephanie Rowe, agrees to work with staff to redesign the shade structure, to the approval of staff.  The site will employ security lights but will meet all City’s standards.

 

There were no public comments.

 

Segarra made a motion to approve of Application CUP03-279, subject to stipulations a – m, attached hereto as Exhibit B.  Woodard seconded the motion.  6 yes votes. 1 absent (Nachtigall).  Motion approved.

 

·        Discussion and Consideration –  Surprise Unified Development Code (SUDC), Chapters 1, 2, and 8

 

Planning Manager, Phillips, gave the presentation. Overall, Ch. 1, 2, and 8 are not that great of a departure from existing language, other than “leap frog” development being discouraged and no half streets.  Staff is waiting for feedback from developers about the warranty bond issue.  Phillips mentioned the HBA meeting scheduled for Jan. 13th and the stakeholders meeting that took place on Dec. 30th.  He reiterated that he is available for one on one meetings whenever necessary to answer any comments/concerns.

 

General discussion took place regarding:  glossary of terms; tours set up to illustrate patterns described; and requesting visual presentation.

 

Director, Testa, reiterated for the commission that the UDC is the City’s desire to take control of development rather than having development take control.  Important direction for this community, to manage growth.

 

There were no public comments.

 

Blair made a motion to continue SUDC Chapters, 1, 2, and 8 to the January 20, 2004, meeting.  Morris seconded the motion.  6 yes votes. 1 absent (Nachtigall).  Motion approved.

 

 

CURRENT EVENTS REPORT

 

CHAIRPERSON AND COMMISSIONERS:  The APA’s 2004 National Planning Conference is scheduled for April 24 – 28 in Washington, DC.  Two commissioners have been approved to go.  Please let staff know if you would like to be considered by February 10th so that travel and seminar arrangements can be made.

 

COMMUNITY DEVELOPMENT DIRECTOR:  Director, Testa, noted the joint workshop scheduled for January 15th at 6:30 pm regarding the application by Suburban Lands/ Cactus Lane Ranch.  The process will require a GPA and PAD.

 

ADJOURNMENT:

 

There was no further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 7:42 P.M.

 

           

__________________________        ________________________________       

Ken Senft, Chairperson                                    Philip A. Testa, Director

Planning and Zoning Commission                      Community Development Department