Planning & Zoning Commission

MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, HELD TUESDAY, APRIL 7, 2015, IN THE TOWN COUNCIL CHAMBERS. Chairman Jarchow called the Regular Meeting to order at 6:00 p.m. Roll call was as follows: ROLL CALL: Present Absent Present Absent John Jarchow X Timothy Williams X James Snitzer X Ken Haught X Rob Ingels X Adam Staley X _____ Richard Smith X STAFF PRESENT: Paul Esparza, Community Development Director. ITEM NO. 3, CALL TO THE PUBLIC: There were no requests from the public to address the Commission at this time. ITEM NO. 4, INFORMATION/DISCUSSION/LEGAL ACTION RE: APPROVAL OF REGULAR MEETING MINUTES FOR MARCH 17, 2015: COMMISSIONER STALEY MOVED TO APPROVE THE MEETING MINTUES FROM THE MARCH 17, 2015 MEETING. COMMISSIONER HAUGHT SECONDED THE MOTION AND IT CARRIED UNANIMOUSLY. ITEM NO. 5, INFORMATION/DISCUSSION/LEGAL ACTION RE: DESIGN REVIEW AND OPEN SPACE AS IT APPLIES TO TITLE 16 AND TITLE 17 IN THE TOWN CODE: Chairman Jarchow said he would like to define Open Space before Design Review is discussed. He asked Mr. Esparza what other communities had done regarding Open Space. Mr. Esparza said he did research Phoenix, Seattle, Ada County, Flagstaff and Redwood City, California Open Space elements. He said there are different types of Open Space, but said we would be the exception if we make the definitions as proposed. Chairman Jarchow said he does not mind having a different definition for Open Space and our proposed General Plan is six pages, which is two hundred or so pages less than any other community. He said what is important regarding Open Space is clearing up the confusion about what Open Space currently is in our community. He said the Commission is trying to clarify Open Space and he would not like to back away from it now. He said it is also an implied promise to the citizens in the General Plan to define and clarify Open Space. He said he is comfortable with the definitions the Commission had come up with regarding Open Space. Vice Chairman Snitzer, Commissioner Staley and Commissioner Haught agreed with Chairman Jarchow. A discussion ensued regarding Open Space. 1 COMMISSIONER INGELS MOVED FOR THE PLANNING AND ZONING COMMISSION TO FORWARD A RECOMMENDATION TO THE TOWN OF PINETOP-LAKESIDE TOWN COUNCIL THE DEFINITION OF OPEN SPACE AS IT APPLIES TO TITLE 16 AND TITLE 17 IN THE TOWN CODE AS PREPARED BY STAFF. COMMISSIONER STALEY SECONDED THE MOTION AND IT CARRIED UNANIMOUSLY. Chairman Jarchow said the Commission would begin discussing Design Review. He said the design review section is 17.88. He said he looked over this section and had a problem with 17.12 Definition. He said he did not know if there is a definition for the design review board. He said design review board is used extensively as a term throughout the section. He said definitions should be listed in the beginning of the document. He said 17.88.040 Procedure generally says “The Planning and Zoning Commission shall perform all Design Review duties where applicable.” He said the statement is not clear enough and who determines what would be applicable. He said item C under 17.88.040 is also not clear and the Commission needs to review and clarify Design Review in the Town Code. He said the Commission needs to decide if they want to clarify Design Review and if so who does the reviewing and the exceptions need to be limited. He said it is a very poorly worded chapter in the Town Code. A lengthy discussion ensued regarding Design Review. ITEM NO. 6, STAFF REPORTS: Chairman Jarchow said he would like an update regarding the Communications Tower proposal. Paul Esparza said White Mountain Communications submitted a proposal to the Town for a communications tower to be located at 1474 E. Spruce Lane. He said the proposal is to erect a one hundred and fifty foot lattice tower. Chairman Jarchow said the tower would be fifty feet taller than the previous cell tower the Commission approved. Mr. Esparza said the Town Code states wireless towers can be erected to a height of sixty feet. He said anything above the sixty feet would require a variance and approval by the Board of Adjustment and the Town Council. He said if it is approved by the Board of Adjustment it would go before the Commission for site plan review. Mr. Esparza said the tower would need to be one hundred and fifty feet at this location so it can give reception to Greens Peak, Porter Mountain and McKays Peak. Mr. Esparza said most people would understand the need for the tower, but said the esthetics would be a problem. He said landscaping around the base of the tower and painting the tower would be a possibility. He said the Planning and Zoning Commission insights would be helpful. He said in the next month or two a public hearing meeting would be scheduled and a variance would be presented to the Board of Adjustment. Commissioner Ingels said he understands the purpose of the height of the tower, but said the tower would be better in a more rural area and the same goal would be achieved. Commissioner Williams said there is not much point having landscaping around the base of the tower since it would not be seen. Mr. Esparza said the location is based on White Mountain Communications owning the property. He said to locate the tower at a lower elevation in town would not work. He said the forest service only allows towers in certain locations and said White Mountain Communications would have to put the tower on land they own. Mr. Esparza said AT&T had proposed putting a tower in near Safeway, 2 but said he had not seen any plans from AT&T at this time. More discussion ensued regarding the cell tower. Commissioner Ingels said he supports the concept and the idea of the tower but said due to his residence being close to the tower site and said he would have a view of the tower, he said he is concerned about the variance being granted to allow a taller than sixty foot height. He said sixty to ninety feet would tend to be more tree like and said the one hundred and fifty foot height would stand out in Pinetop. He said towers need to be in a more rural area or on a mountaintop. Chairman Jarchow said a bigger concern would be the diameter of the dishes that are on the tower. Commissioner Williams said the Commission had to think of what would be best for the community. Commissioner Staley said with technology comes tradeoffs, and said this is one of them. He said to consider the report from White Mountain Communications as a slanted and bias view from a company that wants to build a tower for profit purposes. Commissioner Williams said the tower would also generate revenue for the Town. Commissioner Staley said he is not against the tower but said he would like to minimize the negative effects it would have on the community. Vice Chairman Snitzer said he finds himself blind to items like this, and said if he wants nature he goes out into the forest. He said he would rather have towers in Town instead of out in the forest. The Commission would like additional information. Chairman Jarchow said it would not come back to the Commission until a variance had been passed by the Mayor and Town Council. Mr. Esparza said Council would have to pass the variance and then it would come to the Commission for site plan review. Mr. Esparza said Sit and Sleep, Barnet Delaney Eye Center and the pediatric doctor in the Maverick Center are now open. He said a new business is opening up in the Ponderosa Plaza. He said it is the Pinetop Coffee House and RGB Roasting Company. He said building permits had been increasing over the last few months. Mr. Esparza said El Patron had almost completed their code enforcement issues. He said the previous week he, Cody Blake, Code Enforcement Officer, and Evelyn Racette, Town Manager, drove the Town and identified code enforcement areas, particularly in Lakeside. He said property owners would be notified by letter of code violations. Chairman Jarchow asked Mr. Esparza for an update on the Taco Bell remodel. Mr. Esparza said he had received a phone call from an architect in Mesa, Arizona, who said the owner had decided to remodel the property and it would be similar to the Show Low Taco Bell. He said the architect would be sending him site plan and elevations for the interior and exterior remodel and as soon as he receives the plans he would bring them before the Commission. Chairman Jarchow asked for an update on the Conditional Use Permit for the day care located in The Shores. Mr. Esparza said the day care owner had submitted the permit application. He said residents from The Shores had also been inquiring about regulations for a day care business in their subdivision. He said the Town would enforce code requirements but not CC&R’s from the subdivision. He said day care is a business that requires a Conditional Use Permit. He said he had met with the owner and explained all of the criteria required. He said homeowners within three hundred feet of the day care would be notified by letter and said a public notice would be posted and printed in the newspaper. He said he is projecting to have it on the May 5, 2015 Planning and Zoning Meeting agenda. He said the day care owner is renting the property, and he explained the Town would have to receive a letter from the 3 property owner authorization permission to operate the business. Mr. Esparza said the former Chevron gas station should open soon. Mr. Esparza said he had tried to contact the Navajo County Planning and Zoning Manager and said he just learned that Navajo County is advertising for a Planning and Zoning Manager. ITEM NO. 7, FUTURE AGENDA ITEMS: Chairman Jarchow said information, discussion and possible legal action for Design Review and Site Review would be on the next agenda. He said the day care conditional use permit would also be on the May 5, 2015 agenda. The April 21, 2015 Planning and Zoning meeting would be cancelled and the next meeting would be held on May 5, 2015. The meeting adjourned at 8:00 p.m. Dated this 14th day of April 2015. PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION _____________________________________________ Jill Akins, Assistant to the Town Clerk 4