PLEASE SILENCE ALL ELECTRONIC DEVICES (INCLUDING CELL PHONES AND PAGERS)
BEFORE THE MEETING IS CALLED TO ORDER. THANK YOU.
NOTICE OF POSSIBLE COUNCIL QUORUM OF THE BUCKEYE TOWN COUNCIL
In accordance with Title 38, Chapter 3, Article 3.1, Arizona Revised Statutes, a majority of the Town Council
may attend the regular meeting of the Buckeye Community Planning and Development Board but there will
be no voting taking place by the Town Council. Council members may participate in the discussion of any
item on the agenda.
TOWN OF BUCKEYE
COMMUNITY PLANNING AND DEVELOPMENT BOARD
TOWN COUNCIL CHAMBERS
100 NORTH APACHE ROAD / BUCKEYE, ARIZONA 85326
REGULAR MEETING MINUTES
August 14, 2007
Accessibility for all persons with disabilities will be provided upon request. Please telephone your accommodation
request (623.349.6200) seventy-two (72) hours in advance if you need a sign language interpreter or alternate
material for visual or hearing impairments.
1. CALL TO ORDER
Vice Chairperson Zwerg called the meeting to order at 7:03 p.m.
2. ROLL CALL
Members present: Vice Chairman Zwerg, Boardmember Kempiak, Boardmember Richardson,
Boardmember Stafford, Boardmember Jimenez, Boardmember Hawley and Alternate
Boardmember Carson served on the Board. Councilman David Hardesty attended.
Members Absent: Chairperson Napolitano and Alternate Boardmember Meck
Departments Present: Town Attorney Mark Langlitz, Management Assistant Claudia Herrera, Assistant Fire
Chief Bob Costello, Fire Chief Scott Rounds, Engineer Shelise McNeal for Public Works
Director Scott Lowe, Town Engineer Woody Scoutten, Community Partnership Director
Phil Harris, Community Development Director Bob Bushfield and Planning Manager
3. APPROVAL OF MINUTES FROM JULY 10, 2007 REGULAR MEETING
A motion was made by Boardmember Kempiak and seconded by Boardmember Jimenez to approve the Minutes
from the July 24, 2007 Regular Meeting. Motion passed unanimously.
4. NEW BUSINESS:
4A. Goderich Annexation A07-04
Planner Alan Como presented on the project to the Board. Alan notified the Board that adjacent property owners
presented concerns about clean up of the property at the Town Council public hearing. He presented a letter to the
Board from the applicant, Michael Fa, which outlined his efforts for cleaning the property which is scheduled to be
completed by the end of September 2007. The applicant, Michael Fa, was available to answer the Board’s
questions. Vice Chairman Zwerg asked if this annexation was similar to other projects that are being acquired along
Sun Valley Parkway. Alan confirmed that this project was similar and done for consistency purposes.
Boardmember Stafford inquired about the asbestos clearance on the property. Staff explained that asbestos
abatement is a requirement and part of due diligence in property clean up. Vice Chairmen Zwerg inquired about the
neighbors in adjacent properties. Mr. Fa explained that his company is following due diligence with vacating the
occupied properties. Boardmember Hawley asked about roadway access to the property along the Tonopah-Solome
Highway. Mr. Fa and staff explained that they are working with Maricopa County to ensure proper access. Vice
Development Board Minutes
Page 2 of 3
Chairman Zwerg accepted a request from the public to address the Board. Mr. Bernard Myscofski addressed the
Board in opposition of the annexation. Mr. Myscofski asked that the Town have the property cleaned up before the
annexation. Vice Chairman Zwerg explained that the Town could not impose any regulations on private property
that is not annexed into the Town and that annexing the property would enable the Town to enforce codes that could
improve the property. A motion was made by Boardmember Kempiak and seconded by Boardmember Stafford to
approve the Goderich annexation with the stipulations presented. Motion passed unanimously.
4B. Cipriani Clean-Up A07-05
Planner Alan Como presented on the project and was available to answer the Board’s questions. Alan explained that
the project before the Board was to annex various Rights-of-Way and property into the Town for the Cipriani Master
Planned Community. The applicant was also available to answer the Board’s questions. Town Attorney Mark
Langlitz asked that the stipulation be changed to read as follows: “All signatorees to the annexation petition must
execute a waiver of any for the diminution of value under Proposition 207, in a form approved by the Town
Attorney”. A motion was made by Boardmember Hawley and seconded by Boardmember Jimenez to approve the
Cipriani Clean up annexation with the stipulation presented. Motion passed unanimously.
4C. Goderich/Laidlaw Annexation A07-11
Alan Como presented on the project and was available to answer the Board’s questions. Boardmember Hawley
asked about the access using Taylor Street. Michael Fa explained that Taylor Street is not recorded on the plat. Mr.
Bernard Myscofski addressed the Board in opposition of the annexation. Mr. Myscofski asked that the Town have
the property cleaned up before the annexation. Boardmember Kempiak asked what the Town Council decided after
the hearing. Councilman David Hardesty and staff explained that the applicant has agreed to do all of the necessary
clean up or take steps to ensure due diligence prior to taking the item to Town Council for adoption on September
18. Staff added that the applicant has agreed to delay the meeting date in order to ensure that all necessary action is
taken prior to going to the Town Council for adoption. A motion was made by Boardmember Kempiak and
seconded by Boardmember Carson to approve the Goderich/Laidlaw annexation with the stipulation presented.
Motion passed unanimously.
4D. Sun Valley Plaza RZ07-04
Planner Alan Como presented on the project and was available to answer the Board’s questions. Alan distributed a
letter of protest from the attorneys that represent the Tartesso development. Boardmember Hawley inquired about
roadway improvements. Woody Scoutten explained that street improvements are addressed in the site plan. A
discussion ensured about access and roadways. Woody explained that Maricopa County has included these
roadways in a framework study and that major planning is underway. Vice Chairman Zwerg asked if the proposed
property was included in the Community Master Plan. Woody explained that it was partially correct, but that is
section was an outparcel and that Tartesso was only required to include it for the water and sewer master plan, but it
was not part of the land use plan. Vice Chairman Zwerg asked if Police and Fire had a chance to review the plan.
Alan explained that both departments have been involved in the pre application process and are aware of the plan.
Paul Gilbert represented the property owners and presented to the Board. Mr. Gilbert explained that the project
before the Board was a rezoning case that is consistent with the proposed General Plan and located at the
intersection of two arterials. Mr. Gilbert explained the history and explained that stipulations 2 through 5 still have
to be worked out. A public hearing was opened at 8:18 p.m. Mr. Stephen Earl presented on behalf of Stardust
Development and explained the opposition from the Tartesso Developer. Mr. Earl explained that Tartesso is not
trying to prevent access to the proposed property. He further explained that the opposition was in response to the
size of the property and that it would add more traffic than the roadway could handle. Ms. Gail Leitner expressed
her opposition to the project. She explained that the public notification to the applicant’s meeting was not properly
advertised in her neighborhood. She then urged the Board to consider the security of using their main entrance as
access to the proposed project. The public hearing was closed at 8:23 p.m. Mr. Gilbert then presented a rebuttal to
the issues presented by Mr. Earl and reiterated to the Board that the issue before them was a rezoning case. A
discussion ensued regarding roadway access, the size of the project and the General Plan designation for the area. A
motion was made by Boardmember Carson and seconded by Boardmember Richardson to approve the Sun Valley
Plaza annexation with the stipulations presented. Boardmember Stafford and Boardmember Hawley voted nay.
Vice Chairman Zwerg, Boardmember Kempiak, Boardmember Richardson, Boardmember Jimenez, and
Boardmember Carson aye. Motion passed.
5. COMMENTS FROM THE PUBLIC
Development Board Minutes
Page 3 of 3
6. COMMENTS FROM THE DEVELOPMENT BOARD
Boardmember Kempiak – Commented that the parked cars for sale along Miller Road looked tacky.
There being no further business to come before the Board a motion was made by Boardmember Kempiak and
seconded by Boardmember Stafford to adjourn the meeting at 8:51 p.m. Motion passed unanimously.
Annette Napolitano, Chairman
Lucinda Aja, Deputy Clerk
I hereby certify that the foregoing is a true and correct copy of the Planning and Development Board Regular
Meeting held on the 14th day of July, 2007. I further certify that a quorum was present.
Lucinda Aja, Deputy Clerk