Surprise commission recommends three zoning text amendments to conform with recent state laws

The Surprise Planning and Zoning Commission on Oct. 2 recommended approval, by separate 5‑0 votes, of three zoning text amendments to conform city code with recent state legislation.

Commissioners voted to recommend approval of Case FS25‑0479 (administrative approvals), Case FS250482 (noise and construction start times), and Case FS250481 (middle housing). City staff said each amendment is intended to bring city code into compliance with recent state law changes and to address implementation details.

For the administrative approvals amendment (FS25‑0479), staff said the update clarifies provisions to allow certain entitlements to be processed administratively, adds authorization for at‑risk submittals for preliminary on‑site grading and drainage, and creates eligibility for expedited permit review for applicants with a documented history of compliance. Mindy Davis, assistant director of community development, and other staff said the city will propose associated fees tied to expedited services: a proposed doubling of the standard plan‑review fee for expedited review, a $1,000 minimum threshold for expedited fees, and an additional 20% fee assessed for a third plan review and beyond. Staff said fee and procedural details will be returned for additional action.

On noise and construction start times (FS250482), staff summarized changes tied to a recent state bill that adjusts municipal authority over construction noise and allows concrete pours up to one hour earlier than the usual construction start time. The presentation noted the city’s current code already allows construction between 5 a.m. and 9 p.m.; the proposed amendment updates local text to align with the state statute and explicitly adds the one‑hour concrete‑pour exception.

On middle housing (FS250481), staff said the state law requires cities to provide a regulatory path for duplexes, triplexes, fourplexes and townhomes in certain single‑family residential zoning districts. Staff told commissioners the law applies to single‑family zoning districts within one mile of a central business district and requires municipalities to permit middle housing and not impose certain extra requirements. City staff noted Surprise does not have a designated central business district and that, per the state‑defined military airport vicinity carve‑out, the amendment will apply only to roughly 22% of the city outside that military airport vicinity. Staff described several explicit statutory constraints the local code amendment reflects: municipalities may not require owner occupancy, may not force middle housing into commercial code or require sprinklers solely because of middle‑housing classification, may not require more than one off‑street parking space per unit, and may not impose lower floor‑area‑ratio minimums or additional permitting requirements beyond those for typical single‑family residences.

Staff held one neighborhood outreach meeting (Sept. 17) and reported limited public attendance (one resident at that meeting and one email inquiry); outreach questions focused mainly on middle housing definitions and geographic impact. Staff recommended the commission forward each amendment to the mayor and city council for adoption; commissioners moved and seconded three separate motions, one for each case, and all passed 5‑0.

Votes at a glance

• FS25‑0479 — Zoning text amendment: administrative approvals. Motion to recommend approval passed 5‑0.

• FS250482 — Zoning text amendment: noise and construction start times. Motion to recommend approval passed 5‑0.

• FS250481 — Zoning text amendment: middle housing. Motion to recommend approval passed 5‑0.

Each amendment will return to staff for final ordinance drafting and fee schedules where applicable before formal adoption by the mayor and city council.