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Regular Planning and Zoning Commission Meeting Minutes  - April 6, 2004

 

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, April 6, 2004.  Also in attendance with Chairman Senft were:  Commissioners Dan Morris, Randy Nachtigall, Tony Segarra, and Bob Gonzalez.  Vice Chairperson Jan Blair was absent.  There is one vacancy on the commission.

 

Staff Present:  

 

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

 

Pledge of Allegiance

 

·         Approval of Planning and Zoning Meeting minutes of March 16, 2004 

 

Morris made a motion to approve the March 16, 2004, meeting minutes.  Nachtigall seconded the motion.  5 yes votes.  1 absent (Blair). 1 vacancy.  Motion carried.   

 

PRESENTATION: none

 

OLD BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING:

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING:

 

·         CUP03-334 – Consideration and Action – Conditional Use Permit – Goodyear Tire At Surprise Retail Pavilions

 

Planner, Penland, gave the presentation.

 

General discussion took place regarding: overall lack of satisfactory design; design still failing to reflect what was originally proposed; specific dimensions of details on conceptual sketch; introduction of marked up copy as an example, given for applicant by commission; and overall dissatisfaction with the product as re-proposed.

 

Applicant, David Brandt, IDEA, was engaged by Focus Group to develop the concept.  Gives specific dimensions of details on conceptual sketch; noted location of details and how floor plan affected exterior design; feels the overall concept is consistent with that originally presented; worked closely with staff and took comments of commission into consideration, feels plan is in substantial conformance with original theme; the original concept has been replicated as directed by commission and staff; noted this is the most upgraded of any building in the valley; Surprise is the highest cost per square foot; and building materials and colors were discussed.

 

There were no comments from the public.

 

Nachtigall made a motion to approve Application CUP03-334, subject to stipulations a – n.  Segarra seconded the motion.  2 yes votes.  3 no votes (Senft, Morris and Gonzalez – design of building.)  Motion failed.   Morris made a motion to reconsider the denial of Application CUP03-334 and to continue this application to the April 20, 2004, Planning and Zoning Commission meeting.  5 yes votes.  1 absent (Blair). 1 vacancy.  Motion carried.   

 

NEW BUSINESS:

 

REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING:

 

·         RS03-347 – Consideration and Action – Rural Subdivision – Cactus Town Rural Subdivision

 

Planner, Penland, gave the presentation. 

 

General discussion took place regarding: letter from owner; flood zone; commission’s desire to see grading and drainage reports; duty of the commission to preserve the washes; adding language to staff reports reflecting necessary information from grading and drainage reports; error in the language of #4 “SEWER”; and access point on 163rd Ave.

 

Staff detailed the review and approval process for grading and drainage reports; applicant must address flood zones that impact the application according to Maricopa County Flood Control District; Engineering Department has determined the best process includes reviewing and approving the grading and drainage report prior to subdivision; discussion about the safeguards in place in the City code and permitting/approval processes; that flood plain issues will be added to staff report for commission’s benefit; and the error in the language under #4 of the staff report  will be corrected.

 

City Attorney, Blilie, reminded commission that it is not necessary to add a stipulation that is covered by City code.  This reiteration is not necessary. 

 

There were no comments from the public.

 

Morris made a motion to approve Application RS03-347, subject to stipulations a – l (with stipulation l added – “Grading and drainage plans shall be approved and comply with the Planning and Design Guidelines Manual regarding flood plains and washes”), attached hereto as Exhibit A.  Gonzales seconded the motion.  5 yes votes.  1 absent (Blair).  1 vacancy.  Motion carried.

 

 

·         SP03-383 – Consideration and Action – Site Plan – The City at Surprise

 

Planner, Penland, gave the presentation. 

 

General discussion took place regarding: landscaping; approval of services and product; traffic and entrances; setbacks on office complex; variation of buildings; sidewalk location; design of monuments proposed; and proposed car wash.

 

Applicant, Tim Keenan of Carefree Partners addressed the commission:  landscaping to be extended even more than presented on plans; traffic separators in place that will restrict left out to decrease conflict; setbacks will be a minimum of forty feet; landscaping, beaming, and screen walls proposed will enhance variation project off of Bell Road, additionally can look at staggering buildings; the drainage area affects the location of the sidewalk, will review to see if possible to move it back off of street; at the corner of Litchfield and Bell, applicant described a Romanesque-type monumentation; Civic Center Drive is main entrance; and existing will be incorporated into landscaping where possible.

 

There were no comments from the public.

 

Nachtigall made a motion to approve Application SP03-383, subject to stipulations a – k, attached hereto as Exhibit B.  Segarra seconded the motion.  5 yes votes.  1 absent (Blair).  1 vacancy.  Motion carried.

 

REGULAR ITEMS REQUIRING A PUBLIC HEARING:

 

·         PAD03-278 – Consideration and Action – Planned Area Development – Austin Ranch

 

Planner, McGeough, gave the presentation.

 

General discussion took place regarding: state land; wash dedicated as open space; walled community; view walls; theme walls; retention basins and play fields; separate process from the rezoning for public utilities and services; contour lines and Luke letter; fifteen acres for school site or open space; animals on property; connectivity of project; distance to shooting range existing to the southeast; noise studies and range protection disclosure asked for from developer; location of school site in relation to safety of children; concern about ‘pockets’ of land that are within the project that are not a part of the project; and overall conformance with General Plan 2020.

 

Applicant, Michael Curley, of Earl, Curley, & Legarde addressed the commission:  will take into consideration the impact of the school site and the traffic generated on final decision about location of school; spoke of how the project was encouraged by the City; how the development will help build infrastructure; Norwich Road will be improved; same with Pinnacle Peak; wastewater treatment plant is just one of the benefits – regional benefit for this development; a lot of the improvements that are very significant; City encouraged assemblage; master planned type of development; getting retail, parks, etc.;  private and public parks; another benefit is the development adhering to the planning and design guidelines;  view walls on open space;  landscaping between walls and roads; washes will be cleared to address engineering concerns.  Plan is okay on parks, okay on Luke; conforms with general plan; infrastructure costs significantly higher; will be improving streets that are not a part of application; extraordinary effort across the board.

 

Community and Economic Development Director, Testa, reiterated for the commission all the benefits this development will provide the City – including a fire station site and a community park and improvements to Norwich Road, a dry crossing over the wash and a wastewater treatment plant.

 

Opened to the public:  Michelle Bonnivan, 18526 W. Pinnacle Peak Road, concerned that the development and the trail system will it affect them.  Staff stated the impact is only within the project and will not affect them.  Tracy Kahn, 13411 West Bain Lane, purchased property for a future church.  How will rezoning affect these plans?  He was also concerned about the APA substations proposed.  Community and Economic Development Director, Testa, suggested connecting with the applicant to have the church proposal happen at the same time.  Regarding the APS question, APS owns land out there.  Kevin Collins, 24212 N. 181st Drive, questioned access points into development and if the condition of Norwich Road will be addressed?  It is currently a dirt road that floods every time it rains.  Also had concerns about Qwest service and how they expected the current system to handle the new demand.  Staff advised that access issues are addressed in stipulations; that City is not involved in Qwest service; and that a wastewater treatment plant will be built to address the new demands.

 

Public hearing closed.

 

Further discussion took place regarding washes on the site.  Commissioner Gonzalez wanted    his concerns about the washes as a part of the record.  Would like Engineering involved to work out the details about how to handle the washes.  Applicant noted that the wash will be cleaned up because it is viewed as an amenity.

 

Segarra made a motion to approve Application PAD03-278, subject to stipulations a – s (with e amended, adding “and Beardsly Water Company”, and n amended to read “The location of the school site shall be subject to the approval of Luke Air Force Base”, and s added – “The project shall incorporate alternative materials to be applied to the theme wall and theme columns and also add additional endings to enhance the appearance of the wall”), attached hereto as Exhibit C.  Nachtigall seconded the motion.  5 yes votes.  1 absent (Blair).  1 vacancy.  Motion carried.

 

 

·         CUPA04-013 – Consideration and Action – Conditional Use Permit Amendment – St. Clare of Assisi Parish Campus

 

Planner, Jochums, gave the presentation.

 

General discussion took place regarding: original timeframe and the reason for the extension.

 

There were no comments from the public.

 

Nachtigall made a motion to approve Application CUPA04-013, subject to stipulations a – f, attached hereto as Exhibit D.  Morris seconded the motion.  5 yes votes.  1 absent (Blair).  1 vacancy.  Motion carried.

 

CALL TO THE PUBLIC:

 

No comments from the public.

 

 

CURRENT EVENTS REPORTS:

 

CHAIRPERSON AND COMMISSIONERS: New commissioner, Skip Hall, on the Council agenda.  Copy of by-laws and guidelines for commissions adopted by City Council were distributed by City Attorney, Blilie.  

 

COMMUNITY DEVELOPMENT DEPARTMENT: Community and Economic Development Director, Testa, announced that Grant Penland would be leaving the City to pursue other opportunities.

 

ADJOURNMENT:

 

There was no further business.  On a motion duly made and seconded, Chairperson Ken Senft declared the meeting adjourned at 8:36 P.M.

 

           

__________________________                           ________________________________   

Ken Senft, Chairperson                                       Philip A. Testa, Director

Planning and Zoning Commission                        Community Development Department