Planning & Zoning Commission

MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN OF PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION, HELD ON THURSDAY, NOVEMBER 16, 2017 IN THE TOWN EXECUTIVE ROOM LOCATED AT 1360 N. NIELS HANSEN LANE, LAKESIDE, AZ 85929 A. Call to Order Chairman Staley called the meeting to order at 9:00 a.m. Roll Call: The following Members were present: Adam Staley Chairman Richard Smith Vice Chairman Mazie Hastings Commission Member Tim Williams Commission Member John Salskov Commission Member The following Member was absent: David Barnby Commission Member Also Present: Cody Blake Community Development Director Jill Akins Deputy Town Clerk B. Call to the Public Chairman Staley called for public comments. No comments were addressed to the Commission. C. Minutes Member Hastings moved to approve the Minutes of the Regular Meeting held on October 12, 2017 with the correction on page 2, paragraph 5, correcting the Minutes of Planning and Zoning Commission Regular Meeting and Work Session – November 16, 2017 Page 2 spelling of Mr. Agan’s name. Vice Chairman Smith seconded the motion and was carried unanimously. D. Old Business No old business was discussed at this time. E. New Business F.2 Discussion and Review Possible Changes to Title 17. The following changes/corrections were made to Title 17: 17.88.070 Commission Powers and duties. (delete “and duties”) A. The Planning and Zoning Commission shall have the power to approve, conditionally approve or disapprove all applications for design review. Approval shall be valid for a period of one (1) year from the date of approval by the Commission or the Town Council. Applications which have been disapproved by the Commission may be reconsidered by the Commission upon resubmittal by the applicant. Extensions to the one (1) year may be granted by the Planning and Zoning Commission provided such extension is requested prior to the date of expiration. B. The Community Development Director shall have the same duties and powers of the Commission in regard to signs, buildings or structures. 17.88.080 No changes to building design. A building, structure or sign which has been approved must be constructed and maintained as approved. 17.88.090 Appeals One change is in the first sentence “Town Council may appeal “a” decision of the Planning and Zoning Commission). Chapter 17.124 – Time Limitations and Fees Sections: 17.124.010 Limitations 17.124.020 Variance Limitations A variance granted must start construction within one (1) year in accordance with the plans for which such variance was granted. Minutes of Planning and Zoning Commission Regular Meeting and Work Session – November 16, 2017 Page 3 17.124.030 Design Limitations 17.124.040 Fees A. Application for Variance. There shall be a nonrefundable fee plus an advertising fee in an amount to be established by the Director, charged for filing an application for any variance to these regulations. B. Appeals. There shall be a $250.00 appeal fee and an advertising fee, in an amount to be established by the Director. Chapter 17.116 Planning and Zoning Commission Organization and Procedure Sections: 17.116.010 Establishment – Composition – Terms of Members – Vacancies – Compensation of Members.* A. There is established a Planning and Zoning Commission of the Town to consist of seven (7) members, four (4) of whom shall be residents of the incorporated boundaries of the Town and three (3) of whom may reside within the unincorporated areas of the Town as defined by the Boundaries of the Blue Ridge School District No. 32, but not residing in another incorporated municipality, each of whom shall be appointed by the Town Council. The members of the Commission shall serve three (3) year terms. In the event of a death, resignation, or removal from the Commission, the vacancy shall be filled by the Council for the unexpired term. Members of the Commission may, after public hearing, be removed by the Council for inefficiency, neglect or duty, or malfeasance in office. The Commission shall file a written statement of the reasons for removal. B. Attendance Requirements: 1. Inadequate attendance is three (3) consecutive meetings or a total of six (6) meetings in one (1) year, calculating a year from the date of appointment and each anniversary date thereof. Failure to comply with attendance requirements may result with removal. C. All Commission members shall serve without pay; however, members of the Commission may be reimbursed for actual expenses incurred in connection with their duties upon authorization and approval of such expenditures by the Town Manager. A budget for the Planning and Zoning Commission shall be approved by the Town Council. Any out-of-state travel shall be approved by the Town Manager. Minutes of Planning and Zoning Commission Regular Meeting and Work Session – November 16, 2017 Page 4 17.116.20 pointment to the Planning and Zoning Commission Any individual interested in serving on the Planning and Zoning Commission shall submit a letter of interest containing qualifications to the Town Council. The Planning and Zoning Commission shall review submittals for membership to the Commission and may recommend applicants to the Town Council for their consideration and appointment. A. Powers: 1. Grant conditional use permits in accordance with Chapter 17.80. 2. Grant site plan approvals in accordance with Chapter 17.84. 3. The Planning and Zoning Commission shall also sit as the Design Review Board as established and set forth in Chapter 17.88. B. Duties: 1. Hold public hearings. 2. Make recommendations to the Town Council. 3. Other duties prescribed by Arizona law; prescribed by the ordinance; and to undertake all activities usually associated therewith. 17.116.040 Selection of Officers and Duties. The Commission will elect a Chairman and Vice Chairman at the first meeting held after July 31st each year from among its own members who shall serve for one (1) year. The Chair shall have the power to administer oaths, to compel attendance of witnesses and to take evidence. The Chair shall have the right to vote on all matters before the Commission, and shall also have the right to make a second motion in the absence of a motion, or a second, made by a member. The Vice Chairman shall perform the duties of the Chairman in the event or absence or disability of the Chairman. In the absence of the Chair and Vice Chair, the senior member, based upon years of membership, shall act as Chair. Removal of Officers: The Chair or Vice Chair may be removed from office at any time by a three-fourths (3/4) majority vote of the full Commission members. 17.116.050 Regular Meetings.* A. All regular meetings of the Commission shall be open to the public in accordance with Arizona law. B. Regular meetings of the Commission should be held on the second and fourth Thursday of each month, if there is business to be conducted, with the regular meeting commencing at 6:00 p.m. The Planning and Zoning Commission may hold regular and special meetings at other times and places with proper legal notice. C. Any meeting of the Commission may be adjourned to a later date and time in accordance with Arizona law. Minutes of Planning and Zoning Commission Regular Meeting and Work Session – November 16, 2017 Page 5 D. Agendas for all meetings of the Commission shall be prepared and posted in accordance with Arizona law. Notice that a regular meeting will not be held will be given to the Commission as soon as possible and posted by the Town Clerk as a canceled meeting no later than notice of a regular meeting would have been posted. 17.116.060 Work Sessions. A. The Commission may meet informally in work sessions which shall be open to the general public. B. Work sessions may only be held after proper legal notice has been given and posted. C. No call to the public shall be scheduled during work sessions. D. Agendas for all work sessions of the Commission shall be prepared and posted in accordance with Arizona law. 17.116.070 Field Trips. The Commission may take field trips to view property or for other purposes relevant to a public hearing or other matter under consideration. Interested persons shall be afforded the opportunity to be present to view the property and hear any reports or comments. A record of the field trips shall be entered into the minutes, so that the record shall indicate that the field trip was taken into consideration as evidence. Nothing herein shall prevent less than a quorum of the Commission, or Commission members individually at their own convenience and expense, from taking field trips to view property which is the subject of an application or other matter being considered. Agendas for all field trips of the Commission shall be prepared and posted in accordance with Arizona law. 17.116.080 Executive Sessions. Executive sessions or closed meetings may be held in accordance with the provisions of Arizona’s Open Meeting Law. 17.116.090 Commission Packet Preparation. In order to provide the Planning and Zoning Commission with information packets for adequate review prior to Commission meetings, it is required that any item being requested to be placed on the Commission agenda, including the supporting information, be submitted to the Community Development Department by 5:00 p.m. six (6) calendar days prior to the Commission meeting. Packets will be available for Commission members by 5:00 p.m. on the last work day of the week preceding the Commission meeting. Minutes of Planning and Zoning Commission Regular Meeting and Work Session – November 16, 2017 Page 6 17.116.100 Public Notice – Agendas – Postings. A. Public notice of all meetings shall be posted in accordance with Arizona’s Open Meeting Law. B. Community Development Director will develop and review all agendas with the Chairman or in his/her absence the Vice Chairman. C. The agenda will list the time and place for each meeting, and shall be posted at least twenty-four (24) hours in advance of each Planning and Zoning Commission meeting. The agenda will be posted at Town Offices, at both the Pinetop Post Office and the Lakeside Post Office and the Town’s internet website and shall give additional public notice, as is reasonable and practicable, as to all meetings. Cody to add a link to the Town’s website. 17.116.110 Minutes. Minutes for all meetings of the Commission shall be kept in accordance with Arizona law. 17.116.120 Call to Order. A. The Chair or Vice Chair, in the Chair’s absence, shall call the Commission to order. B. In the absence of the Chair or Vice Chair, the senior member, based upon years of membership, shall act as Chair. C. Upon the arrival of the Chair or Vice Chair, the temporary Chair shall relinquish the position of presiding officer upon the conclusion of the agenda item or business immediately before the Commission. 17.116.130 Attendance by Teleconference. The Commission may permit members to attend by teleconference in accordance with A.R.S. 17.116.140 Quorum – no change 17.116.150 Order of Business Promptly at the hour set by law on the day of each regular meeting, the members of the Commission shall take their regular stations in the Commission Chambers. A. Ascertainment of quorum. B. Pledge of allegiance. C. Call to the public. D. Business before the Commission. E. Staff and Commission report. Minutes of Planning and Zoning Commission Regular Meeting and Work Session – November 16, 2017 Page 7 F. Future agenda items. G. Adjournment. 17.116.160 Public Hearings. A. Generally public hearings shall be conducted: Add adjournment of Public Hearings from regular meeting. Community Development Director Blake will clarify with the Town Clerk on the correct procedure/wording for items 1 through 6. B. Questions or comments from the public shall be limited to the subject under consideration. The Chair may limit the testimony to not more than five (5) minutes per individual. Commission members may ask the individual speaker questions, and the speaker may respond. C. Exhibits, letters, petitions, and any other documents presented or shown to the Planning and Zoning Commission at a public hearing become part of the record of the public hearing. Fifteen (15) collated sets of written or graphic materials should be provided by the speaker twenty-four (24) hours prior to the commencement of the hearing to allow for distribution to the Planning and Zoning Commission and Town staff, and a copy for the public to record of the hearing. 17.116.170 Rules of Debate. A. The Chair, or other presiding member, may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a Commission member by reason of acting as the presiding officer. B. Every member desiring to speak shall address the Chair, and upon recognition by the presiding officer, shall confine himself to the agenda item or question under debate. C & D – no change to the statements. 17.116.180 Addressing the Commission – Remove “by oral communication” in the first sentence; no other changes. 17.116.190 Manner of Addressing the Commission – Time Limit. A. No changes to the statement. B. No Changes to the statement. C. No Changes to the statement. D. No Changes to the statement. E. Time limits may be waived or extended. Minutes of Planning and Zoning Commission Regular Meeting and Work Session – November 16, 2017 Page 8 17.116.200 Voting. A. No Changes to the statement. B. In taking action on an application or other matter, the Commission may grant approval, conditional approval or deny the item altogether. C. First sentence “date certain” changed to “certain date”. D. No Changes to the statement. E. No Changes to the statement. F. No Changes to the statement. G. No changes to the statement. 17.116.210 Conflicts of Interest. A. Commissioners shall disqualify themselves and abstain from voting whenever they may have a conflict of interest in a matter under consideration. B. No Change to the statement. Chairman Staley stated at the next meeting Title 17 is discussed the Commission would begin at 17.116.220 Decorum at Meetings. Chairman Staley stated the next meeting would be held on December 14, 2017 at 5:00 p.m. to review Chapter 17. The meeting on December 28, 2017 would be cancelled. A.Adjournment: There being no further business at this time, the meeting was adjourned at approximately 11:33 a.m. Adam Staley Chairman