Planning & Zoning Commission

MINUTES 0F THE REGULAR MEETING AND PUBLIC HEARING OF THE TOWN 0F PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION, HELD 0N THURSDAY, DECHMBER 9, 2021 AT T0lvN OF PINETOP-LAKESIDE COUNCIL CHAMBERS 325 W. WHITH MOUNTAIN BOULHVARD, LAKESIDE, AZ 85929 A. Calltoorder Chairman Staley called the meeting to order at 6:00 p.in. Roll Can: The following Members were present: Adam Staley Chairman John Salskov Vice Chairman Tim Williams Commission Member David Orris Commission Member James Brimhall Commission Member The following Member was absent: Alison Stewart Commission Member Richard Smith Commission Member Also Present: Jeremiah Loyd Community Development Director Kristi Salskov Assistant to the Town Clerk 8. Calltothepublic Chairman Staley called for public comments. No comments were offered. Minutes Of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 2 C. Minutes C.1 Minutes of the Regular Meeting of the planning and zoning Commission held on October 14, 2021. Commissioner Williams moved to approve the minutes of the regular meeting of the Planning and Zoning Commission held on October 14, 2021. Chairman Staley seconded the motion and by show of hands the following vote was recorded: AYE S NAYS AB S TAIN Chairman Staley Vice Chairman Salskov Commission Williams Commissioner Orris Commissioner Brimhall Chairman Staley then declared that the October 14, 2021 minutes were approved, passed, and adopted with a 5-0 vote. D. NewBusiness: D.1 Review, Discussion and Legal Action regarding Fences within Title 17 Zoning: Chapters: 17.20.020,17.24.020,17.28.020,17.32.020,17.36.020, 17.40.020,17.44.020,17.48.020,17.52.020 and 17.56.020. Community Development Director Loyd said that questions about fences come up frequently even though a permit is not required to construct a fence. The reasoning behind fencing regulations is for sight distances for not only property owners, but drivers and pedestrians within the public Right of Way as well. Currently the Town Code has fencing requirements under permitted uses in various zones. However, it is not consistent in all zones. One could conclude that fences are either not allowed in all zones or that fences could be built 6 feet in height all around the property in those zones where the code remains silent. Director Loyd discussed the possibility of removing fencing from the permitted uses section and adding it to Chapter 17.08 GENERAL PROVISIONS. In this manner we could apply the same requirements for all zones. An altemative would be to add Minutes Of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 3 it to the zones where the code is silent on fencing. This would also present an opportunity to clarify the wording of the fencing regulations. Such as defining the required front yard and establishing setbacks as defined as being from the property lines. Most people do not know precisely where their property lines are located and tend to think that the setbacks are from the edge of the road. The Town Code states that a fence can only be 3 '6" in the required front yard. They can see the edge of the road but cannot necessarily locate their property lines. The PUD zone establishes setbacks from the centerline of the street. The only legal way to determine your property line is to establish property lines from pins set by a Registered Land Surveyor. If the pins are not already set, you would have to retain a land surveyor. BACKGROUND: The following exceapt is an overview of the current fencing regulations from Title 17 ZONING. Included are pertinent definitions from the title. There is a list of all zones at the end of this memo. 17.12.020 Definitions 49. Lot Line, Front. "Front lot line" means the boundary of a lot which separates the lot from the street; and in the case of the comer lot, the front lot line is the shorter of the two (2) lot lines separating the lot from the street except that where these lot lines are equal or within fifteen (15) feet of being equal, either lot line may be designated the front lot line but not both. 72. "Setback line" means a line which defines the future right-of-way of streets. 89. Yard, Front. "Front yard" means a yard extending across the front width of a lot and being the minimum horizontal distance between the street line and the principal building or any projection thereof, other than steps, unenclosed balconies and unenclosed porches. The front yard of a comer lot is the yard adjacent to the designated front lot line. 91. Yard, Required. "Required yard" means the minimum unbuilt lot area as specified by the regulations of this title for front, rear and side yards, as distinguished from any yard in excess of the minimum required. See "Buildable area." Minutes Of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 4 Chapter 17.20 (R-LOW 1 ACRE) RURAL ZONING DISTRICT - ONE (1) ACRE PER DWELLING INIT 17.20.020 Permitted uses. Silent on fences. . . Chapter 17.24 (R1-2) SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT - TWENTY THOUSAND (20,000) SQUARE FEET PER DWELLING UNIT Sections: 17.24.020 Permitted uses. D. Fences or freestanding walls not to exceed a height of three (3) feet, six (6) inches in any required front yard, and not to exceed a height of six (6) feet in the side and rear yards. (Ord. 20-428 § 1 (part): Ord.15-393 § 1 (part); Ord. 01-193; Ord. 97-138 § 1 (part): Ord. 90-82 § (1)(4.1.02)) Chapter 17.28 (R1-4) SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT - TEN THOUSAND (10,000) SQUARE FEET PER DWELLING UNIT 17.28.020 Permitted uses. C. Fences or freestanding walls not to exceed a height of three (3) feet, six (6) inches in any required front yard, and not to exceed a height of six (6) feet in the side and rear yards; Chapter 17.32 (R1-6) SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT - SIX THOUSAND SIX HUNDRED (6,600) SQUARE FEET PER DWELLING UNIT 17.32.020 Permitted uses. C. Fences or freestanding walls not to exceed a height of three (3) feet, six (6) inches in any required front yard, and not to exceed a height of six (6) feet in the side and rear yard. (Ord. 20-430 § 1 ®art): Ord.15-393 § 1 (part): Ord. 01-193; Ord. 95- 106 (part); Ord. 90-82 § (1)(602)) Minutes of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 5 Chapter 17.36 (R-2) MULTIPLE-FAMILY RESIDENTIAL ZONING DISTRICT - FOURTEEN ( 14) DWELLING UNITS PER ACRE 17.36.020 Permitted uses. C. Fences of freestanding walls not to exceed a height of three (3) feet, six (6) inches in any required front yard, and not to exceed a height of six (6) feet in the side and rear yards; Chapter 17.40 (R-3) MULTIPLE-FAMILY RESIDENTIAL ZONING DISTRICT 17.40.020 Use regulations. Silent on fences. . . Chapter 17.44 (MH-4) MANUFACTURED HOME NEIGHBORHOOD ZONING DISTRICT - TEN THOUSAND (10,000) SQUARE FEET PER DWELLING UNIT 17.44.020 Use regulations. F. Fences or freestanding walls not to exceed a height of three (3) feet, six (6) inches in any required front yard, and not to exceed a height of six (6) feet in the side and rear yards; Chapter 17.48 (MH-6) MANUFACTURED HOME NEIGHBORHOOD ZONING DISTRICT - SIX THOUSAND SIX HUNDRED (6,600) SQUARE FEET PER DWELLING UNIT 17.48.020 Use regulations. F. Fences or freestanding walls not to exceed a height of three (3) feet, six (6) inches in any required front yard, and not to exceed a height of six (6) feet in the side and rear yards; Chapter 17.52 (MHP) MANUFACTURED HOME PARK ZONING DISTRICT Minutes of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 6 17.52.020 Uses permitted. F. The manufactured home park shall be screened from adjoining lots or parcels, not in manufactured home park use, by a solid fence or wall of not less than four (4) feet in height nor more than six (6) feet in height. The screening fence or wall shall be constructed within six (6) months from the date of approval of the manufactured home park plans. (Ord.15-393 § 1 (part): Ord. 90-82 § (1)(1102)) Chapter 17.56 (RVP) RECREATIONAL VEHICLE PARK ZONING DISTRICT 17.56.020 Uses permitted. F. The RV park shall be screened from adjoining lots or parcels, not in RV park use, by a solid fence or wall of not less than four (4) feet in height nor more than six (6) feet in height. The screening fence or wall shall be constructed within six (6) months from date of approval of the RV park plans. (Ord.15-393 § 1 (part): Ord. 90-82 § (1)(1202)) Chapter 17.60 (C-R) COMMERCIAL RECREATIONAL ZONING DISTRICT Nothing Chapter 17.64 (C-1 ) LIGHT COMMERCIAL ZONING DISTRICT Nothing Chapter 17.68 (C-2) HEAVY COMMERCIAL ZONING DISTRICT Nothing Chapter 17.72 (PUD) PLANNED UNIT DEVELOPMENT ZONING DISTRICT 17.72.030 Types of planned unit development. A. Residential planned unit Developments. Minutes Of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 7 7. The recommendation of the commission may include reasonable conditions as deemed necessary to promote the purpose of these regulations including but not limited to the following: b. Fences andwalls; Chapter 17.76 (OS) OPEN SPACE/PARK ZONING DISTRICT 17.76.020 Uses permitted. Uses shall include the following: E. Fences for the protection of certain natural features and other uses subject to securing a conditional use permit. List of all Zones R-Low One {1} acre quTaE zoning district R1-2 Singlgrfamily residential zoning district R1-4 SingleLfamily residential zoning district R1-6 Singlerfamjly re§identiaf zoning district R-2 MuhipleLfamily residential zoning digtTict R-3 Muhipleiamjly residendal zoning district MH-4 Manufachred home neighberfuood zoning district MH-6 ManufachTed home neighberfuood zoning district MHP ManufactLired horme park zen.ing district RVP Reereational vehicle park zoning district C-R Cormmerdal reereational zoning district C-1 Light commercial zoning district C-2 Heavy commereial zoning disfu'ct PUD Planned unit development zoning district 0S Open space/park zoning district Minutes Of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 8 Proposed Fencing Code moved to the general provisions of title 17 zoning. 17.08.060 Walls and fences. (A) f7ez.gfef. No solid, view-obscuring wall, fence or hedge over three (3) feet (6) inches high from the natural grade of the land, and no chain link or wire fence or similar open, non-view-obscuring fence over four (4) feet high from the natural grade of the land shall be constructed or maintained nearer to the street line than the required front or street side building setback line, nor be more than six (6) feet in height from the natural grade of the land in any rear or side yards. Fences may be built above these heights in the following situations: ( 1 ) Around schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof; (2) When the Planning and Zoning Commission and/or Town Council requires, as a condition of a conditional use permit or subdivision, a fence of greater height in order to provide adequate screening; (3) Double fronting lots (excluding comer lots): (a) A fence up to six (6) feet in height from the natural grade of the land may be erected in the property's rear yard as determined by the Community Development Director; and (b) The fence's material, height, color and location in this circumstance must be approved by the Community Development Director; or (4) In commercially zoned property, barbed and razor wire is permitted only above the six (6) foot height limitation from the natural grade of the land. (8) In any zoning district, barbed wire is permitted for the fencing of livestock. (C) A4cz/erg.cz/s cz#d Desz.gr. Fences and walls in all zoning districts shall be constructed of conventional fencing material and maintained and kept in good repair. The Community Development Director may permit any material as "conventional" Minutes Of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 9 upon a review of the product's material and design. No wall or fence shall contain barbed wire or electrical current or charge of electricity (except for the containment of livestock), broken glass, or similar hazardous materials or devices. (D) S/orczge Fczcz./z.fz.es. Where "storage facilities" are to be enclosed by a masonry wall or solid fence as required elsewhere in this title, such enclosure shall be considered adequate when constructed of masonry without openings or gaps, excluding required gates, wood fence with no opening or gap exceeding one-quarter ( 1/4) inch or other material approved by the Community Development Director. 17.08.061 0utdoorstorage. With the exception of automobiles, trailers, motorcycles, manufactured homes, boats, motor homes, growing plants, nursery stock, Christmas trees, and service stations displaying new automotive and related items, outdoor storage shall not be allowed in a lot's required front yard setback. All outdoor storage shall be screened by a six (6) foot-high solid masonry fence, or a fence or screening of a height and material as allowed or required by the Planning and Zoning Commission or the Community Development Director. 17.08.062 Fences, electric. It is unlawful for any person to erect or maintain within the Town any electric fence except dry cell powered. Any other such fence is hereby declared a public nuisance and subject to abatement by order of the magistrate court. Screening. All manufactured home parks & RV parks shall be screened from any adjacent non-manufactured home or RV park development in a manner as required by the planning and Zoning Commission or the Community Development Director, subject also to these fence regulations: 1. Must be six (6) feet in height from the natural grade of the land; 2. Hazardous Materials. No wall or fence shall contain: barbed wire or electrical current or charge of electricity (except for the containment of livestock), broken glass, or similar hazardous materials or devices; Minutes Of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 10 3. Materials and Design. Fences and walls in all zoning districts shall be constructed of material in good condition only. Material must be wood, woven wire, or masonry, of conventional design. Fences or walls of other than specified material or of other than conventional design, shall be allowed only by conditional use permit. 17.08.063 Height limitations on comer lots. Within a triangle formed by the street front and side lot lines and a line connecting these lot lines at points measured along the tangents of the lot lines a distance of twenty-five (25) feet from their intersection, all fixtures, walls, fences, construction, hedges, shrubbery and other planting shall be limited to a height not over three (3) feet above the elevation of the street line level at the same intersecting streets except a reasonable number of trees pruned high enough to permit unobstructed vision to vehicular traffic. Within the said triangle, and in cases where front yards are terraced, the ground elevation of such front yards shall not exceed three (3) feet above the established street line elevation at the said intersecting streets. Minutes of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 11 Commissioner Williams motioned to recommend to the Town Council the removal of fencing from the permitted uses section and adding it to Chapter 17.08 GENERAL PROVISIONS thus making fence requirements the same for all zoning. Vice Chairman Salskov seconded the motion and by a show of hands the following vote was recorded: AYES NAYS ABSTAIN Chairman Staley Vice Chairman Salskov Commission Williams Commissioner Orris Commissioner Brimhall Chairman Staley then declared the motion passed with a 5-0 vote. D.2 Review, Discussion and Legal Action regarding commercial Recreational Use Reiulations with Title 17 Chapters: 17.60.010 and 17.60.020. Director Loyd said that the Commission has requested to review the use regulations of the Commercial Recreational C-R Zoning District. Some of the existing uses do not appear to be entirely logical for a zone that is designed for recreational purposes. For example, it is unclear how an auto parts store or a bank could be deemed recreational. BACKGROUND: The following excerpt is an overview of the current C-R regulations from Title 17 ZONING. 17.60.010 Purpose. The principal purpose of this zoning district is to provide for recreational, entertainment, lodging and dining type facilities. (Ord.15-393 § 1 (part): Ord. 90-82 § (1)(1301)) 17.60.020 Use regulations. A. Anyuses provided for in R-Low 1; 8. Antique stores; Minutes Of Planning and Zoning Commission Regular Meedng December 9, 2021 Page 12 C. Art and dance instruction; D. Art galleries; E. Automobile parts and supplies, but not including the dismantling and sale of used parts from vehicles on the premises; F. Bakeries and candy stores; G. Banks; H. Barber and beauty shops; I. Book, stationery and gift stores; J. Bowling alleys; K. Catering establishments; L. Craft shops which include ceramics, mosaics, fabrics, jewelry, leather goods, silk screening, dress designing, sculpturing and wood carving, provided such operations do not create offensive noise, dust, odor or health hazards; M. Day nursery and nursery schools; N. Florist shops; 0. Hotels andmotels; P. Ice cream stores; Q. Jewelry stores; R. Miniature golfcourses; S. Music conservatory and music instruction; T. Nightclubs; U. Offices; V. Photographers and artists studios; Minutes Of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 13 W. Restaurants and cafes; X. Sporting goods stores; Y. Taxidermists; and Z. Other similar uses as determined by the Community Development Director and/or the Planning and Zoning Commission. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(1302)) For consideration: + Hunting clubs + Concert venues + Rock climbing venues + Campgrounds & Summer Camps + Amusement parks - Automobile parts and supplies - Banks - Taxidermists - Offices After a lengthy discussion between the Commission and Community Development Director Loyd on what each individual felt the definition of Commercial Recreational use was, Commissioner Orris shared the Siri definition of recreation." Relating or denoting an activity done for enjoyment, when one is not working." The Commission felt this definition was very vague and felt that keeping the C-R Commercial Recreational Zoning vague was the best option. It was the Commission's recommendation to omit A-Y under Commercial Recreational Use Regulations Title 17 chapter 17-60.020 and keep #Z. Other similar uses as determined by the Community Development Director and/or the Planning and Zoning Commission. (ord.15-393 § 1 (part): Ord. 90-82 § (1)(1302)) Commissioner Orris motioned to recommend to the Town Council to om it A-Y u nd er Commercial Recreational Use Regulations Title 17 chapter 17-60.020 and keep #Z. Other Similar uses as determined by the Community Development Director and/or the Planning and Zoning Commission. (ord. 15-393 § 1 (part): Ord. 90-82 § (1)(1302)) Chairman Staley seconded the motion and by a show of hands the following vote was recorded: Minutes of Planning and Zoning Commission Regular Meeting December 9, 2021 Page 14 AYES NAYS ABSTAIN Chairman Staley Vice Chairman Salskov Commission Williams Commissioner Orris Commissioner Brimhall Chairman Staley then declared the motion passed with a 5-0 vote. E. Staff Reports: E.1 Report and update from community Development Department. Director Loyd explained that we have several items to address at future meetings. One regarding Code Enforcement and strengthening our parking regulations and being able to enforce the Town Code. Another being from the Public Works Department regarding streets and roads being in the Subdivision Title, Public Works Director Matt Patterson will be at the meeting to address his concerns and thoughts on moving streets and roads out of the Subdivision Title and into the Streets and Roads Title. Commissioner Orris asked for an update on the Lagos Event Center on Woodland Rd. Director Loyd stated that he and the Pinetop Fire Marshal had done a site visit and found that the event center was not in compliance with the Town Code, the occupancy changed and they should have a Certificate of Occupancy to display the current occupancy. Also, a site plan had never been submitted and this is a requirement. Director Loyd has had several complaints on the color of the event center not being an earth-tone. The Community Development Department is trying to improve the communication with business owners regarding submitting a site plan along with the business license permit. Commissioner Williams inquired on the fire of Northwoods village. Director Loyd shared that it started in the middle of the night and at this time there has not been a determination of the cause. F. Future A enda Items The next Planning and Zoning Commission meeting will be held on January 13, 2022. Minutes Of Planning and Zoning Commission Regular Meeting December 9, 2021 Page I 5 G. There being no further business at this time, the meeting was adjourned at approximately 7:00 p.in.