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Regular Planning and Zoning Commission Meeting Minutes  - March 2, 2004

 

Call to Order:

 

Roll Call:

 

Chairman Ken Senft called the Regular Planning and Zoning Commission Meeting to order at 6:30 p.m. at the Surprise City Hall – 12425 West Bell Road, Suite D-100, Surprise, Arizona, 85374, on Tuesday, March 2, 2004.  Also in attendance with Chairman Senft were:  Vice Chairperson Jan Blair and Commissioners Dan Morris, Randy Nachtigall, Tony Segarra, and Bob Gonzalez.  There is one vacancy on the commission.

 

Staff Present:  

 

City Attorney, Jeff Blilie; Planning Manager, Scott Phillips; and Planner, Stephanie Wilson.

 

Pledge of Allegiance:

 

·         Approval of Planning and Zoning Meeting minutes of February 17, 2004 

 

Morris made a motion to approve the February 17, 2004, meeting minutes.  Segarra seconded the motion.  6 yes votes.  1 vacancy.  Motion carried.   

 

PRESENTATION: none

 

OLD BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING: none

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING: none

 

NEW BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING:

 

·         Ordinance #04-11 – Consideration and Action – Amending Ordinance – Disallowing the Construction of Accessory Buildings Prior to the Construction of the Principle Building

 

City Attorney, Blilie, gave the presentation.  Council initiated item.  Eliminates construction of accessory buildings prior to the construction of the principal building.  This proposed amendment is in response to the Owsley Garage CUP application recently passed by the commission.

 

General discussion took place regarding: spelling error in ordinance; stipulated timeline for construction start on main building; taking permits for both proposed structures out at the same time; enforcement; extensions; and the possibility of using fees as an incentive for completing the project.

 

City Attorney, Blilie, addressed the feasibility of enforcement and, in response to discussion of creating fines for noncompliance, suggested to the commission to keep the ordinance as simple as possible.  Planning Manager, Phillips, discussed the permit and inspection process, detailing the flexibility already built into the process, making granting extensions unnecessary. 

 

The following change was made to the language of Ordinance #04-11under “e”:  No accessory building or use shall be constructed or developed on a lot prior to the time of building permit issuance for the principal building to which it is accessory.”

 

No public comment.

 

Segarra made a motion to recommend approval of the proposed amendment to Ordinance #04-11, subject to additional amendment made by the City Attorney, corrected version attached hereto as Exhibit A.  Nachtigall seconded the motion.  6 yes votes.  1 vacancy.  Motion carried.

 

·         RS02-092 – Consideration and Action – Rural Subdivision – Chilson’s Place

 

Planner, Wilson, gave the presentation.

 

General discussion took place regarding: provisions for fire hydrants; sewer connection; C of O issuance dependant upon sewer connection; making #9 on staff report a stipulation and correcting Luke language of #11; and combustible materials language.

 

Staff addressed the commission concerns about the water and sewer connections.  Planning Manager, Phillips, noted that there is a solution in place and that it is just a matter of time for the project to be completed.  Water is available but the current water pressure is not sufficient to service fire hydrants.  City Attorney, Blilie, made item #9 on the staff report a stipulation including the language requiring the applicant to connect to these services prior to Certificate of Occupancy on any new buildings.

 

There were no comments from the public.

 

Blair made a motion to recommend approval of Application RS02-092, subject to stipulations a – h (with h added: “The applicant intends to connect to the City of Surprise water and sewer services when installation of the infrastructure is complete.  The applicant will be required to connect to these services prior to Certificate of Occupancy on any new buildings.  This requirement is in accordance with Section 13.08.180 and 13.04.230 of the Surprise Municipal Code.”), attached hereto as Exhibit B.  Morris seconded the motion.  6 yes votes.  1 vacancy.  Motion carried.

 

·         SP03-171 – Consideration and Action – Site Plan – Arizona Charter Academy

 

Planning Manager, Phillips, gave the presentation.

 

General discussion took place regarding: lack of architectural highlights on the elevations; attenuation standards; and the stipulated wall between the driveway and the neighboring residence.

 

Ben Barbes, architect for project, addressed the commission’s concerns about the plan’s elevations.  He noted the pattern in the material used for the roof, the colors and pop outs, and the substantial overhangs and gable ends not adequately represented on the elevations.  The roof overhangs and gable ends were added at staff’s recommendation.  The project architect had questions for staff regarding the stipulation for attenuation standards which City Attorney, Blile, quoted code to justify, and stipulation j, stipulating the 6’ high block wall to screen the residential unit to the south, which Planning Manager, Phillips, noted that it is typical procedure in the City to use barriers to buffer surrounding residences.  Applicant objects to the block wall and was proposing chain link fencing.  Planning Manager, Phillips, reiterated the purpose of the wall is to buffer the residence and the proposed fencing wouldn’t meet the purpose of buffering the residence.

 

There were no public comments.

 

Segarra made a motion to approve Application SP03-171, subject to stipulations a – j, attached hereto as Exhibit C.  Nachtigall seconded the motion.  6 yes votes.  1 vacancy.  Motion carried.

 

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING:

 

·         PADA03-283 – Consideration and Action – Planned Area Development Amendment – Villages at Surprise South

 

Planning Manager, Phillips, gave the presentation.

 

General discussion took place regarding: clarification of open space areas; three additional points of access to Greenway; who pays for development of road; reference to the original development agreement; stipulations recommended for approval at the August 5, 2003, Planning and Zoning Commission meeting; safety issues; traffic calming devices and the roundabout; and Parks and Recreation’s role in decision of placement of park and roadway.

 

Planning Manager, Phillips, spoke of the role of the Parks and Recreation Department.  The location of the park will determine the route the road takes. In response to commission’s question about who is responsible for the road, Planning Manager, Phillips, read stipulation k:  “During the PAD amendment process the applicant shall address public access to the site at the Citrus Road alignment from Greenway Road to the southern end of the high school site.”

 

Some discussion about differences between the development agreement and stipulations as recommended for approval on the August 5, 2003, Planning and Zoning Commission meeting and later approved by the City Council.  Council amended the language slightly, using the words ‘applicant shall address”.  Tim Keenan, Surprise Village Company, read from the development agreement.

 

City Attorney, Blilie, mentioned West Park and changes to original plan. Road through West Park is not out of the ordinary. Issue of 175th Ave not going all the way through and 183rd and Citrus and required 175th to go through and that Citrus would be addressed in the PAD amendment process.  175th does go through on current plan.  Southside constructed by Sierra Montana. Discussion of what type of road should cut through the park.  Needs Park and Rec Advisory Board input on the park program.  Intention was a toned down local road.  Tim Keenan agreed to abide by the commission’s vote on who pays for the road. 

 

Add stipulation addressing the road to go through the park, no more substantial than a local road.  City Attorney, Blilie, proposed amending the language of the narrative as follows: “Citrus Road will be extended from the southern point of the high school site south to the midsection of Greenway Road, to be developed as a local or lesser roadway, at the expense of Surprise Village Company, to be dedicated to, and maintained by the City of Surprise as a public roadway.”

 

Discussion opened to the public.   Linda Wilbourne, 17842 W Arizona Drive, expressed her concern about relieving the congestion of Bell Road and wants a straight shot off of Bell Road so that school buses are off of Bell Road.  Commission assured Ms. Wilbourne that the buses will be able to go through park and to Greenway.  Nothing is being changed as originally approved.  Seymour Pollack, 17804 W Marisposa Drive, agreed with Ms. Wilbourne.  Satisfied with an exit and entrance on Citrus.  Vice Mayor, Don Cox, City of Surprise, mentioned discussions he had with Mark Coronado and the City Engineer.  The concern about safety on Greenway and 303 will be addressed by a signal light at 303 and Greenway. City Attorney, Blilie, spoke of payment procedures in place already between the City and the developer. No need to address.

 

Blair made a motion to recommend approval of Application PADA03-283, including amending the reference made to Citrus Road language of the narrative as stated by the City Attorney, attached hereto as Exhibit D.  Morris seconded the motion.  6 yes votes.  1 vacancy.  Motion carried.

 

·         ZTA03-332 – Consideration and Action – Zoning Text Amendment – Pet Boarding

 

Planner, Wilson, gave the presentation.

 

General discussion took place regarding: examples of fully enclosed kennels; where is I-1; buffering requirements; purpose of conditional versus permitted; distance stipulation; and definition of kennel.

 

The Dapper Dog establishment at Crossroads was given as an example of a fully enclosed kennel without any outside play area – an all interior pet hotel-type of establishment.  The Desert Cove PAD is an example of I-1 - light industrial uses.  Keeping it as conditionally permitted requires that it be presented to the commission.  Consensus of the commission was to keep it as conditionally permitted, as recommended by staff.

 

City Attorney, Blilie, added the following to the proposed zoning text amendment: “that no kennel be located within 500 feet from residentially zoned property.”

 

Nachtigall made a motion to recommend approval of Application ZTA03-332, as amended by the City Attorney, attached hereto as Exhibit E.  Segarra seconded the motion.  6 yes votes.  1 vacancy.  Motion carried.

 

CALL TO THE PUBLIC:

 

No comments from the public.

 

CURRENT EVENTS REPORTS:

 

COMMISSIONERS:  Chairman Senft announced there is an event Thursday – in support of a  house being built that will affect Aux 1 and encouraged any commissioner that can attend to attend.  Chairperson Senft will fax information to all commissioners regarding this event.

 

COMMUNITY DEVELOPMENT DEPARTMENT: Planning Manager, Phillips, informed the commission that Larry Wylie, consultant working on the UDC, passed away and will be missed by the City.

 

ADJOURNMENT:

 

There was no further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 7:39 P.M.

 

           

__________________________                           ________________________________   

Ken Senft, Chairperson                                       Philip A. Testa, Director

Planning and Zoning Commission                        Community Development Department