Planning & Zoning Commission

MINUTES OF THE REGULAR MEETING OF THE TOWN OF PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION, HELD ON THURSDAY, OCTOBER 12, 2017 IN THE TOWN COUNCIL CHAMBERS LOCATED AT 1360 N. NIELS HANSEN LANE, LAKESIDE, AZ 85929 A. Call to Order Chairman Staley called the meeting to order at 6:00 p.m. Roll Call: The following Members were present: Adam Staley Chairman David Barnby Commission Member Tim Williams Commission Member Mazie Hastings Commission Member John Salskov Commission Member The following Members were absent: Richard Smith Vice Chairman John Jarchow Commission Member Also Present: Cody Blake Community Development Director B. Call to the Public Chairman Staley called for public comments. No comments were addressed to the Commission. Minutes of Planning and Zoning Commission Regular Meeting – October 12, 2017 Page 2 C. Minutes C.1 Approval of the Meeting Minutes of the Planning and Zoning Commission held on September 14, 2017 Member Hastings had a question on Item F.1, page 2 regarding the consideration of approval of recommendation to the Town Council of Larry Agan to the Planning and Zoning Commission. She stated that Mr. Agan submitted a letter of interest to the Planning and Zoning Commission and attended the September 14, 2017 meeting. Further, she stated there was a consensus of the of the Commission to forward to the Town Council a recommendation for appointment of Mr. Agan to the Planning and Zoning Commission. Chairman Staley answered this was presented to the Town Council and it is his understating the Council decided to table the recommendation at this time. Community Development Director Blake stated the recommendation would not be approved at this time because there is not an open seat for him due to the fact that Mr. Agan resides in Navajo County. Chairman Staley said an applicant within the Town boundaries would need to apply for the vacancy. Member Hastings repeated that she would like the September 14, 2017, minutes to reflect the Planning and Zoning Commission did recommend to the Town Council the approval of Mr. Aga*-n. Chairman Staley reiterated the Commission did not table the decision that the Town Council made the decision. Community Development Director Blake said he believes Member Hastings would like the September meeting minutes to reflect the Town Council tabled the decision not the Commission. Member Hastings moved to approve the Minutes of the Regular Meeting held on September 14, 2017, reflecting the correction to F.1 on page 2. Member Williams seconded the motion and the motion carried unanimously. Minutes of Planning and Zoning Commission Regular Meeting – October 12, 2017 Page 3 D. Staff Reports Community Development Director Blake reported building is still booming in Town and his department is staying very busy. E. Old Business No old business was discussed at this time. F. New Business F.1 Public Hearing Consider Approval of Recommending to the Town Council the Conditional Use Permit for a Verizon Wireless Communication Facility and Variance from 17.104.070 Additional Height Regulation on Property located in the NW Corner of Section 15, Township 9 North, Range 22 East, Navajo County, Arizona. APN(s) 212-40-232, on Property Located at 686 W. Woodland Lake Road, Lakeside, AZ 85929. Community Development Director Blake stated a public hearing and approval or denial from the Commission on the Conditional Use Permit for the tower would be decided tonight, and if approved a recommendation to the Town Council for their approval of the variance. He stated the property owners and Nancy Smith, Verizon representative, are in attendance. Nineteen letters were mailed out to the surrounding property owners and he did not receive any responses to the letters. He stated a surrounding property owner is in attendance. Community Development Director Blake stated there would not be any lighting on the tower or parking around the tower, so there would not be any additional traffic. Regarding the height of the tower, the variance is requesting an additional thirty- four feet on the tower due to the height of the trees surrounding trees and the hills to the south of the tower. Community Development Director Blake stated staff recommends an approval of the Conditional Use Permit due to calls being dropped in the immediate area, further stating the tower will provide additional services in the area. Community Development Director Blake explained towers are only allowed on commercial property. Minutes of Planning and Zoning Commission Regular Meeting – October 12, 2017 Page 4 Member Salskov said he lived in the area and stated cell phone coverage was poor and calls dropped. In response to Member Williams, Community Development Director Blake stated the tower would be located on the corner of Woodland Lake Road and Julia, set back forty-nine feet from the property line. In response to Member Williams, Community Development Director Blake stated the fees have been paid for the Conditional Use Permit and the Variance applications. Member Williams asked if the tower would be at an adequate height in ten years when the trees have grown. Nancy Smith, Verizon representative, answered tree growth could affect the tower and stated she did not know how many years it takes the trees to grow. In response to Member Williams, Community Development Director Blake stated the White Mountain Communications tower located near El Rancho is well over one hundred feet. Community Development Director Blake said this is not a code requirement but the tower will be clad in faux bark and pine branches to appear as a pine tree. In response to Chairman Staley, Ms. Smith said the fence around the tower will be eight feet in height. John Samora said he is the co-owner along with his wife Alison Stewart of the property where the tower would be placed. He said their property is on the corner of Julia and Woodland Lake Road, further stating he is planning to put in a berry farm where the tower would be located. He said he plans to put a rip rap wall and plant vines around all four sides of the wall. Mr. Samora said he has had discussions with their immediate neighbors and stated everyone he spoke with is very supportive of the tower. In response to Member Salskov, Ms. Smith stated the tower would be operational when fiber can be at the site and said the goal is to have the tower constructed by June 2018. Minutes of Planning and Zoning Commission Regular Meeting – October 12, 2017 Page 5 In response to member Salskov, Community Development Director Blake said the Code states the Conditional Use Permit is good for two years for construction of the tower and once the tower is constructed it is permanent Conditional Use Permit. He explained the start of construction begins when a building permit is submitted and construction has begun. Chairman Staley called for public hearing to allow comments on this matter. Stan Schuman said he resides at 1916 W. Woodland Lake Road and said he also owns a residence on Arlene Lane within the three hundred foot area and had received the letter regarding the tower. He stated he objects to the tower for health reasons and said he was unable to find any information of the potential health effects caused by the tower to individuals in the immediate area. He believes there is a lot of information that has not been researched or determined what type of affect the transmission from this type of tower will have on individuals. He said he switched from Cellular One to Verizon and has not had a problem at his location. He said he disagrees with Verizon having problems with transmission in that area. He stated his frustration on not having more neighbors attend the meeting. Member Williams stated he lives approximately four hundred feet from the property and said a decision cannot be made on possible health affects in ten plus years. Chairman Staley said speaking as an attorney the Commission does not have connotative evidence to give the Commission the right to challenge the tower functionality and the effect on people and surrounding properties. He said he respects Mr. Schuman’s position and said he symphonizes and understands, but said the Commission does not have anything to go on other than a potential and said the Commission would need something more definitive to evaluate. In response to Chairman Staley, Ms. Smith said the manufacturer of the tree only does this type of work and they are very familiar with this type of construction and the make it as invisible as possible. Further, Ms. Smith stated the World Health Organization has information on their website regarding the testing of cell towers for health issues. Community Development Director Blake stated he spoke with the contractor who said they would use the strict regulations that Flagstaff has regarding cell trees. Minutes of Planning and Zoning Commission Regular Meeting – October 12, 2017 Page 6 In response to Member Barnby, Ms. Smith said Verizon choose this site due to the number of complaints received regarding service in the area. There being no further comments, Chairman Staley declared the public hearing closed. Member Salskov moved to approve the Conditional Use Permit for a Verizon Wireless Communication Facility subject to the Variance approval and recommended approval of the variance application to the Board of Adjustments on Property located in the NW Corner of Section 15, Township 9 North, Range 22 East, Navajo County, Arizona. Member Williams seconded the motion and the motion carried unanimously. G. Future Agenda Items: Chairman Staley said a date would be discussed for the next meeting to review Title 17. He said Member Hastings provided him with a document regarding items in Title 16 and said these items would be discussed at the next meeting. He asked if any of the members had a suggested date or dates for the next three hour work session meeting to discuss Title 16 and Title 17. After discussion, a tentative date of November 16, 2017, from 9:00 a.m. to Noon in the Executive Room was set for the next meeting to discuss Title 16 and Title 17. It was the consensus of the Commission to conduct a Work Session meeting on November 16, 2017, from 9:00 a.m. to Noon in the Town Executive Room to review and discuss Title 16 and Title 17. Community Development Director Blake announced there is a potential Conditional Use Permit for horse privileges for the next Commission Regular meeting on November 9, 2017 at 6:00 p.m. H. Adjournment: There being no further business at this time, the meeting was adjourned at approximately 7:00 p.m. Adam Staley Chairman