Planning & Zoning Commission

MINUTES OF THE PUBLIC HEARING OF THE PLANNING AND ZONING COMMISSION AND THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, HELD THURSDAY, MARCH 24, 2016, 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 Errol Heslop X Rob Ingels X Adam Staley X _____ Richard Smith X STAFF PRESENT: Evelyn Racette, Town Manager, Kathrine Nunn, Planning Tech and Jill Akins, Assistant to the Town Clerk. ITEM NO. 3, CALL TO THE PUBLIC: There were no requests to address the Commission at this time. ITEM NO. 4, APPROVAL OF THE REGULAR MEETING MINUTES FOR FEBRUARY 25, 2016: COMMISSIONER INGELS MOVED TO APPROVE THE REGULAR MEETING MINUTES FROM FEBRUARY 25, 2016. COMMISSIONER WILLIAMS SECONDED THE MOTION AND IT CARRIED UNANIMOUSLY 6-1 WITH CHAIRMAN JARCHOW ABSTAINING. COMMISSIONER WILLIAMS MOVED TO ADJOURN THE REGULAR MEETING AND MOVE INTO THE PUBLIC HEARING. VICE CHAIRMAN SNITZER SECONDED THE MOTION AND IT CARRIED UNANIMOUSLY. ITEM NO. 5, INFORMATION/DISCUSSION/LEGAL ACTION REGARDING CONDITIONAL USE PERMIT; 1942 S. WOODLAND LANE; ELIZABETH BARRETT: Evelyn Racette, Town Manager, said the application submitted by the applicant met all required criteria for the Conditional Use Permit for equine regulations in the current Town Code. She said the loafing shed was moved, and said it was the only change made by the applicant. She said everything is correct in accordance with the application. She said Kathrine Nunn had prepared for the Commissioners a list of all of the equine Conditional Use Permits since the Town incorporated. Ms. Racette said she had received no calls or complaints from citizens regarding the Conditional Use Permit. She said since 1984 the Town received ten requests for equine Conditional Use Permits, and said eight were passed. Betsy Barrett said she lives at 1942 S. Woodland Lane in Pinetop. She said she purchased the property in 1984, and said her intent at the time was to have horses on the property. She said she understands she must go thru the Conditional Use Permit process. She said she has had horses all her life, and said she had taken care of horses at equine facilities and is very knowledgeable on how to keep them clean and sanitary. She said she did go to all the neighbors that she knew, and said they are all full time residents. She said all of the neighbors she spoke with are for the approval of the Conditional Use Permit. She said she will keep a very clean facility which had been the only 1 concern of the neighbors. Commissioner Staley asked how many of the ten supporting neighbors are adjacent to the property. She said all of the neighbors to the side and across from the property are supportive of the Conditional Use Permit. Commissioner Ingels said great, quality work from the applicant and staff on the Conditional Use Permit, and said this would become an asset to the neighborhood. John Marble said he appreciated the applicant relocating the site of the loafing shed. He said he and his wife support the Conditional Use Permit be granted. Steve Preshaw said they had good support from their neighbors, and said he is on the Sheriff’s Posse and his two horses are his search and rescue vehicles. Sharman Toronto said she lives across the street from Betsy and Steve, and said she supports them receiving the Conditional Use Permit. She said she and her husband are both in support of the Conditional Use Permit. COMMISSIONER STALEY MOVED TO ADJOURN THE PUBLIC HEARING AND MOVE INTO THE REGULAR MEETING. COMMISSIONER WILLIAMS SECONDED THE MOTION AND IT CARRIED UNANIMOUSLY. COMMISSIONER STALEY MOVED TO APPROVE CONDITIONAL USE PERMIT NO. 119 AT 1942 S. WOODLAND LANE FOR ELIZABETH BARRETT. COMMISSIONER SMITH SECONDED THE MOTION AND IT CARRIED UNANIMOUSLY. ITEM NO. 6, INFORMATION/DISCUSSION/LEGAL ACTION REGARDING PRELIMINARY PLAT APPLICATION FOR THE VILLAS AT PINETOP – S69-16: Ms. Racette said there is a preliminary plat application for a thirty-six unit residential subdivision called the Villas at Pinetop. She said it is located at Bucksprings Road and Highway 260. She said the plat had been reviewed by the entire Town staff, Police Department, Fire Department, Pinetop-Lakeside Sanitary District, Arizona Water Company, Blue Ridge Unified School District, Navopache Electric and the postmaster. She said Town Code section 17.72.040 had been met in the document. She said off street parking was a concern, but said it is provided by the three car garage at each home. She said unbuilt lot area exceeds the required thirty percent, and said the street back requirements are also met. She said staff recommends approval of the preliminary plat. Will Flake with Tetra Tech said he is representing the developers. He said the site is ten acres, thirty-six units, and said there is thirty-eight percent open space with a buffer around the development. A discussion ensued regarding drainage and the retention basin. Commissioner Ingels said he is impressed to see the access to the ADOT pathway provided multiple times from the development. He asked how wide the access pathway would be and what would be the surface material. Mr. Flake said he did not know. Ms. Racette said this is a preliminary plat and very early in the process. Chairman Jarchow said if the preliminary plat is approved this evening, the final plat would go to the Town Council for approval. Commissioner Ingels asked if they would try to maintain stands of trees and forest on the property. Ms. Racette said the project would meet the 2008 Firewise standards, and said she walked the property and it is very dense. Chief Morgan said he spoke with the engineer, and said the project would meet the current Firewise codes. Commissioner Williams asked about snow removal and where the snow would be placed. Mr. Flake said they are providing sixty foot right of ways, and said this would provide an area for snow piles on the right of ways. Ms. Racette said there would be space in a boulevard for snow piling, and said the plan shows and nice and easy plan for snow removal. She said the Public Works department had no issue with snow removal when reviewing the plan. She said the Town would do the snow removal as it is located in the Town limits. She said the Public Works department has the equipment and would make the snow removal work. Mr. Joseph Hauer said he 2 had been a developer for the past fifty years, and said two years had gone into the planning of this development. He said he wanted a nice development, without an HOA and with three car garages. He said there would be deed restrictions on each property instead of an HOA. He said it would be a very nice development. Chairman Jarchow asked when the final plat would be presented and when ground breaking would begin. Mr. Hauer said he would finish the final plat during the summer of 2016, and said streets, water and infrastructure would begin in 2017. He said construction would begin on the southeast corner. He said all of the units would be two units ranging from two thousand to two thousand five hundred square feet. He said he would be in control of the entire development, and said it would be a nice looking development. Commissioner Ingels asked if the units would be consistent with the Town’s design theme board. Mr. Hauer said yes, everything would be consistent with the Town’s design theme board. Commissioner Staley asked if it is Mr. Hauer’s desire to build out the entire project. Mr. Hauer said he does not intend to sell lots, and said he would control the development to the end. He said he would build two units at a time, sell those and then build another two and so on. He said he is not sure what the demand will be at this time. He said he wants to build homes for both the full-time residents and the part-time residents. COMMISSIONER STALEY MOVED TO APPROVE THE PRELIMINARY PLAT APPLICATION FOR THE VILLAS AT PINETOP – S69-16. VICE CHAIRMAN SNITZER SECONDED THE MOTION AND IT CARRIED UNANIMOUSLY. ITEM NO. 7, INFORMATION/DISCUSSION/LEGAL ACTION REGARDING REVIEW OF TOWN CODE CHAPTER 17.20 (R-LOW 1 ACRE) RURAL ZONING DISTRICT: Ms. Racette said this is coming before the Commission as a directive by the Town Council to look at and review the Town Code currently only allowing a maximum of four dogs per property. She said the Town Code was poorly written and confusing. She said the Code currently allows for wildlife rehabilitation (this was later corrected to be reservation not rehabilitation) and farms but not for kennels. Ms. Racette said there is no staff recommendation at this time, and said this is for review by the Commissioners. She said for the Commissioner to consider and give staff recommendations. She said for the Commissioners to address residential low first. Ms. Racette said in the Animal Control chapter of the Town Code there is a maximum of four dogs allowed per parcel. She said the Code allows up to seven animals on each parcel, but said not more than four dogs. She said litters of puppies are addressed in the Animal Control section of the Code. Commissioner Ingels said he is a dog lover, but said he does not want the Zoning regulations to create breeding or for commercial uses. Ms. Racette said the Animal Control code is good and what it states is good. She said the Commission is looking at the use of the land in Residential low. Chairman Jarchow stated this is about use in Residential low single family residences currently allowing farms, reservation of land for either forest or wildlife, and accessory buildings. He said this would be use, and said the Commission needs to look at the primary use. He said the Code is correct the way it is, and said it is an animal control issue. More discussion ensued. Chairman Jarchow said the Commission could choose to leave the Code as is and have animal control manage it, or make a recommendation to the Town Council for a change in land use. Ms. Racette said the Town Council is looking for direction and a recommendation from the Planning and Zoning Commission for a change. Chairman Jarchow said the Commission needs to look at the section of Code of permitted uses and conditional uses. Commissioner Staley said he does not like the word kennel and said he would like to address quantity. He said four dogs per parcel are not sufficient. Ms. Racette said if the Commission wants to go with a number she would recommend looking at the number of dogs per acre. 3 VICE CHAIRMAN SNITZER MOVED TO ADD SECTION K IN RESIDENTIAL LOW STATING “FOR KEEPING AN INCREASED NUMBER OF ANIMALS IN EXCESS OF WHAT IS PERMITTED IN THE ANIMAL CONTROL SECTION OF THE TOWN CODE SHALL REQUIRE A CONDITIONAL USE PERMIT.” COMMISSIONER STALEY SECONDED THE MOTION. Ms. Racette said she would specify the type of animal, and said this would be specifically for dogs. Commissioner Staley said it is already identified in the Animal Control Enforcement Code, and asked why the Commission needs to do the Animal Control job. He suggested the wording to say “allowed to have additional animals with a Conditional Use Permit.” Chairman Jarchow said that is what the motion stated. Ms. Racette said the motion on the floor would be difficult for staff to enforce. She said issues will be run into without defining the type of animal in your motion. She said she would recommend that the word kennel is used. The Commissioners debated amongst themselves the different definitions of the word kennel to each of them. Ms. Racette said what a kennel is, is what the code says a kennel is. The Commission asked for the definition of kennel. She said the definition of kennel states “any establishment that which dogs and cats are breed or raised for sale, or boarded, cared for commercially or on a non-profit basis, exclusive of dental, medical or surgical or quarantine proposes.” Commissioner Ingels said after hearing the definition of kennel he does not like using the word kennel. Commissioner Williams stated he did not like the word kennel. Commissioner Staley agreed, and said to stay away from using the word kennel. Ms. Racette said there is another definition for the word kennel in the Code and said “a kennel means any premises where any person who owns, possesses, houses or keeps more than the number of animals specified in Section 6.04.050 of the Animal Control Code, for any reason including persons who engage in the businesses of boarding, breeding, buying, or letting for hire training, hunting, selling or other purposes all kennel breeders and handlers most have a kennel license. Kennels include animal rescue organizations or other public and private facilities approved by the Town.” Commissioner Smith asked if that definition was for cats and dogs only. Ms. Racette said that it is for any animal. Chairman Jarchow stated the word kennel excludes other types of enclosures, and said he would rather leave the statement broad. Commissioner Staley stated the Commission is not trying to change the Animal Enforcement Code, but said if a person wants more animals than what the code allows you need a Conditional Use Permit. He said that is what the motion states. He said that is completely appropriate and the other Commissioners agreed. VICE CHAIRMAN SNITZER CALLED FOR A VOTE ON THE MOTION AND THE MOTION CARRIED UNANIMOUSLY. ITEM NO. 8, STAFF REPORTS: Ms. Racette said the Residential Care Facility does not need a Conditional Use Permit to operate according to State law, and said the applicant withdrew their request for a Conditional Use Permit. She said there would not be an appeal process. She said the facility can operate in the home for six or fewer residents. ITEM NO. 9, FUTURE AGENDA ITEMS: Commissioner Staley directed staff for a report on how Springerville manages their animals and dogs per acre in the Town Code. Commissioner Staley said he would be relocating and living in the County. Chairman 4 Jarchow said five of the seven Commissioners must live within the Town limits. He said he lives in the County and Commissioner Staley would be the second to live in the County. The meeting adjourned at 7:21 p.m. Dated this 31st day of March 2016. PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION _____________________________________________ Jill Akins, Assistant to the Town Clerk 5