Planning & Zoning Commission

PUBLIC NOTICE TOWN OF PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION REGULAR MEETING AND PUBLIC HEARING THURSDAY, MARCH 14, 2024 – 6:00 P.M. TOWN OF PINETOP-LAKESIDE COUNCIL CHAMBERS 325 W. WHITE MOUNTAIN BOULEVARD, LAKESIDE, AZ 85929 AGENDA A. Call to Order: Chairman  Roll Call and Ascertain Quorum  Pledge of Allegiance B. Call to the Public: Chairman This is a business meeting of the Planning and Zoning Commission. The Town values and welcomes public input. Please address the Commission as a whole and not individual Commission Members. Do not address staff or members of the audience. Commission action on items brought up in Call to the Public is limited by the Open Meeting Law. The Commission may direct staff to study the matter and reschedule for further consideration at a later date. Items on the agenda will not be heard or discussed in Call to the Public. Individuals are limited to three (3) minutes. C. Minutes: C.1 Consider approval of the minutes of the Regular Meeting Deputy Town Clerk of the Planning and Zoning Commission held on January 25, 2024. D. New Business: Public comment will be taken at the beginning of each agenda item, after the subject has been announced by the Chairman and explained by staff. Any citizen, who wishes, may speak one time for five (5) minutes on each agenda item before or after Commission discussion. Questions from Commission Members, however, may be directed to staff or a member of the public through the Chairman at any time. D.1 Public Hearing. Discussion and Legal Action regarding Community approval of the tentative replat for Woodland Pines Development Townhomes. Director Loyd E. Adjournment: Chairman Posted on March 8, 2024, at 5:00 p.m. at the following locations: Town Hall Mackenzie Valichnac 325 W. White Mountain Blvd. Town Website Deputy Town Clerk Lakeside, AZ 85929 https://pinetoplakesideaz.gov Pinetop U.S. Post Office Lakeside U.S. Post Office 712 E. White Mountain Blvd. 1815 W. Jackson Lane Pinetop, AZ 85935 Lakeside, AZ 85929 Meeting can be viewed at https://www.youtube.com/channel/UCN53WdzuQen_exXNbatODIw. Planning & Zoning Commission Regular Meeting – March 14, 2024 Page 2 Note: This meeting is open to the public. All interested people are welcome to attend. A copy of agenda background material provided to the Committee Members, with the exception of material relating to possible executive session, are available for public inspection at the Town Clerk’s Office, 325 W. White Mountain Blvd., Lakeside, AZ 85929, Monday through Friday from 8:00 a.m. to 5:00 p.m. or online at www.pinetoplakesideaz.gov AMERICAN WITH DISABILITIES ACT: The Town of Pinetop-Lakeside intends to comply with the A.D.A. If you are disabled or physically challenged and need special accommodations to participate, please contact the Town Clerk at (928) 368-8696 Ext. 231 at least 48 hours prior to the meeting. Meeting Date: March 14, 2024 Agenda Item #: C.1 Subject: Consider approval of the minutes of the Regular Meeting of the Planning and Zoning Commission held on January 25, 2024.  MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING OF THE TOWN OF PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION, HELD ON THURSDAY, JANUARY 25, 2024 AT TOWN OF PINETOP-LAKESIDE COUNCIL CHAMBERS 325 W. WHITE MOUNTAIN BOULEVARD, LAKESIDE, AZ 85929 SOME MEMBERS OF THE COMMISSION MAY PARTICIPATE TELEPHONICALLY. A. Call to Order Chairman Turner called the meeting to order at 6:00 p.m. Chairman Turner led the Pledge of Allegiance. Roll Call: The following Members were present: Harry Turner Chairman Tim Kendzlic Vice Chairman Jack Pence Commission Member Todd Fernau Commission Member John Salskov Commission Member Alison Stewart Commission Member The following Member was absent: Timothy Williams Commission Member Also Present: Jeremiah Loyd Community Development Director Mackenzie Valichnac Deputy Clerk Kristi Salskov Town Clerk Annie DeRosier Marketing Coordinator Rick Buffington Code Enforcement B. Call to the Public Chairman Turner called for public comments. No comments were offered. C. Consent Agenda Minutes of Planning and Zoning Commission Regular Meeting – January 25, 2024. Page 2 C.1 Consider approval of the Minutes of the Regular Meeting of the Planning and Zoning Commission held on December 14, 2023. Vice Chairman Kendzlic moved to approve the minutes of the Regular Meeting of the Planning and Zoning Commission held on December 14, 2023. Commissioner Stewart seconded the motion and by show of hands the following vote was recorded: AYES NAYS ABSTAIN Harry Turner X Tim Kendzlic X Todd Fernau X Jack Pence X John Salskov X Alison Stewart X Chairman Turner declared the motion passed 6-0. D. New Business D.1 Discussion and Legal Action regarding approval of a preliminary plat for The Enclave subdivision. Commissioner Stewart announced that she will recuse herself from this item. Community Development Director Loyd stated that the applicant, Brock Danielson with AZ Pinetop Villas-22A LLC is in attendance. The request is for the approval of the Tentative Plat for the Enclave Subdivision. The project is a 24-lot residential subdivision within a portion of the southeast quarter of section 4, Township 8 North, Range 23 East of the Gila and Salt River Base and Meridian, consisting of 18 single- family lots and 6 Airbnb units on 9.92 acres north of Buck Springs Road near SR 260. The project is in a Planned Unit Development (PUD) zoning district. The lot is currently zoned PUD, and the design and configuration meet the PUD zoning standards. This tentative plat is consistent with the 2015 General Plan Land Use Element. The proposed street design is a 58-60’ wide tract. The travel lanes combined are 34 feet wide. The roadway width meets the subdivision design for private streets. Two points of access have been provided into the subdivision as required. There is a section of road that dead ends near lots 10 and 11 that the Town would not accept the maintenance due to the lack of a 50’ turning radius cul-de-sac for snowplows to be able to turn around. This may warrant a redesign, but the roads are designated as private. Water utilities will be located within the 34-foot roadway easement. A letter of serviceability has been received from Arizona Water Company. Minutes of Planning and Zoning Commission Regular Meeting – January 25, 2024. Page 3 The sanitary sewer is partially located in a 20-foot easement on the western edge of the subdivision and partially within the roadway easement that connects to an existing 12-inch sanitary sewer line on the northern edge of the subdivision. All utility providers will require improvement plans for the final approval. Pinetop Fire District has reviewed this tentative plat and the comments are attached. A full review will be provided upon submission of a final plat, including fire hydrant locations and the width of access gates into the development. The preliminary plat does not indicate any street lighting. Street lighting is optional for a subdivision. The subdivision does provide a common area within the project boundaries. A requirement for open space was not part of the development agreement when the Town annexed this area. However, the 9.92 acre parcel contains about 3.74 acres of open space, about 37.8%. There is also a scenic easement between this development and Highway 260 that restricts any development, and the Apache Sitgreaves National Forest backs it. A drainage report has been received for this tentative plat. The project engineer must submit the final drainage report with all improvement plans before final plat approval. There is a local flooding area on the property’s western portion. It is not a FEMA-mapped floodplain, but Navajo County conducted a study, which is depicted in the Civil Plans. The staff report states that the CC&Rs have not been submitted, but they were received on Monday. Director Loyd stated that he would discuss what he read with anyone who is interested. The developer is coordinating with the Pinetop Fire District and is preparing a Forest Management Plan per 17.96 Forest Health and Fire Protection to create a plan for proper thinning to promote forest health and fire safety within the development. Director Loyd then reviewed the Staff Recommendations which states that the tentative plat submitted for The Enclave Subdivision meets the standards established for Subdivision Design. Staff recommends approval of the Tentative Plat based on staff and Town Engineer review. The following stipulations are included: -The Town Engineer approves all subdivision improvement plans, including drainage, before Final Plat approval. -A forest management plan addressing forest health, tree protection, and fire safety must be submitted at the time of the tentative plat and completed before site construction. -The developer agrees to requirements of the Pinetop Fire District. -The developer will provide an engineer estimate for the costs of all improvements. -The developer will provide an assurance of completion of subdivision improvements that is a minimum of 125% of the engineer’s estimate. -The developer will complete all landscaping of the detention basins and street right- of-way as presented on the submitted landscape plan and in compliance with the subdivision and landscaping regulations. -A drainage easement must be recorded and submitted for culverts and basins. Minutes of Planning and Zoning Commission Regular Meeting – January 25, 2024. Page 4 -The building pad on lot four will have to be moved out of the 45 degree plane from the bottom of the footing to an 18” HDPE culvert, or we will not be able to issue a building permit for this lot due to the potential for a compromised structural integrity per 2018 IRC P2604.4. -The CC&Rs must stipulate that adherence to the town drainage regulations is achieved. Particularly in reference to 15.08.040 (F)(G)(K) F. Maintenance and operation of on-site detention facilities shall be the responsibility of the property owner or homeowner’s association. G. The owner or the homeowners’ association shall be solely responsible for obtaining a stormwater detention facility(ies) inspection and certification by a professional engineer licensed in the State of Arizona every three (3) years or within forty-five (45) days of a written request by the Town Engineer. A copy of the inspection report and the certification shall be provided to the Town. K. The town may periodically inspect stormwater detention and drainage facilities to verify that they are operational and being maintained. Final plats, covenants, conditions and regulations (CC&Rs), and development plans shall include a special note stating that (1) the owner(s)/homeowners’ association shall be solely responsible for the operation, maintenance, inspection, certification, general liability, and premises liability of all stormwater detention facilities and (2) the Town of Pinetop-Lakeside shall have the right of ingress and egress to stormwater detention and drainage facilities in perpetuity to inspect and verify good operation and maintenance of those facilities (Ord. 23-462 § l; Res. 23-1664 (Exh. A); Ord. 08-318 § 2) Director Loyd stated that he has spoken with the developer to revise the dedication language on the plat regarding roads and drainage and the developer is in agreement. Commissioner Kendzlic asked if the Town would maintain the roads. Director Loyd answered that the roads will be private. Commissioner Pence asked if the first portion where the Airbnb’s are will be public or private. The applicant, Brock Danielson, stated that all of the roads will be private. Chairman Turner asked who will complete the Forest Health Plan. Brock Danielson answered that it will be completed by their architect and arborist and then will be submitted to the Fire Department for review. Commissioner Kendzlic asked if this subdivision will be a Fire Wise Community. Minutes of Planning and Zoning Commission Regular Meeting – January 25, 2024. Page 5 Brock Danielson confirmed that it will be. Commissioner Kendzlic made a motion to approve the Tentative Plat for The Enclave with staff recommendations. Commissioner Fernau seconded the motion and by a show of hands the following vote was recorded: AYES NAYS ABSTAIN Harry Turner X Tim Kendzlic X Todd Fernau X John Salskov X Jack Pence X Alison Stewart X Chairman Turner declared the motion passed with a 5-0 vote, with Commissioner Stewart abstaining. E. Adjournment There being no further business at this time, the meeting was adjourned at approximately 6:20 p.m. _________________________ Chairman Turner CERTIFICATION: I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting of the Planning and Zoning Commission of the Town of Pinetop-Lakeside, Arizona, held on the 25th day of January 2024. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 25th day of January 2024. ________________________________ Mackenzie Valichnac Deputy Town Clerk Meeting Date: March 14, 2024 Agenda Item #: D.1 Subject: Public Hearing. Discussion and Legal Action regarding approval of the tentative replat for Woodland Pines Townhomes. Exhibit A: Tentative Plat FINAL PLAT TENTATIVE WOODLAND PINES TOWNHOUSES PAINTED SKY A RE-PLAT OF WOODLAND PINES CONDOMINIUMS, RECORDED IN BOOK 28 OF PLATS, PAGES 15-17, N.C.R.O. BEING A PORTION OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 9 NORTH, RANGE 22 EAST, GILA & Engineering & Survey, LLC SALT RIVER MERIDIAN, TOWN OF PINETOP-LAKESIDE, NAVAJO COUNTY, ARIZONA PROJECT LOCATION: CLIENT INFORMATION: DARCAM LLC PINETOP-LAKESIDE, ARIZONA 633 E RAY ROAD, STE 108 GILBERT, AZ 85296 PROJECT NO: CLIENT PROJECT NO: 180565-23001 PROJECT NOTES: ISSUED: A perpetual, non-exclusive easement shown hereon upon, over, under and across the property on this plat, for drainage and flood control and all related purposes, including without limitation, construction, maintenance, operation, replacement, and repair of levees, dikes, dams, stormwater storage basins, storm drains (SD), channels, improvements, washes, watercourses and other drainage or flood control facilities (collectively, “drainage facilities”), subject to the following: Grantor is responsible for all drainage facilities on the Property. Drainage facilities on the Property might not be obvious. Lack of awareness of drainage facilities does not excuse failure to perform the requirements of this document. Grantor shall not construct, obstruct or alter any drainage facilities on the Property without Grantee’s prior written consent. At Grantor’s expense, Grantor shall maintain drainage facilities in good condition; replace and repair drainage facilities as necessary to maintain their flood carrying or storage capacity; prevent erosion; and prevent any refuse, debris, sediment, vegetation, or other obstruction from accumulating in drainage facilities. Grantee is not obligated to perform any such work. If, in Grantee’s opinion, Grantor fails to do such work, then Grantee may do the work at Grantor’s expense. In addition to Grantee’s other remedies, the cost of the work shall be secured by a lien that Grantor hereby grants against the Property, with interest at the annual rate of eight percent (8%). Grantor shall indemnify, defend and hold Grantee harmless against Grantor’s failure to perform under this document. Painted Sky Engineering and Surveying, LLC 176 North Main Street Snowflake, Arizona 85937 PHONE: 928.229.8887 http://www.paintedskyes.com VICINITY MAP: SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THIS PLAT AND THE SURVEY ON WHICH IT IS BASED WAS PERFORMED IN THE FIELD UNDER MY DIRECT SUPERVISION; AND THE INFORMATION CONTAINED HEREON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF; AND THAT EACH LOT CORNER IS OR WILL BE MONUMENTED WITHIN 6 MONTHS BY A 1/2" REBAR AND PLASTIC CAP STAMPED LS 37930. THIS PROJECT 180565-23001 - FINAL PLAT 01/11/2024 DANIEL ALLEN FOSTER 24 AZ. L.S. NO. 37930 01-11-  1 2 3 4 5 6 7 WOODLAND PINES TOWNHOUSES www.paintedskyes.com POINT NO.NORTHING EASTING POINT NO.NORTHING EASTING 176 North Main Street W 1/4 Cor Section 25 Fnd GLO Brass Capped Pipe Snowflake, Arizona 85937 A RE-PLAT OF WOODLAND PINES CONDOMINIUMS, RECORDED IN BOOK 28 OF PLATS, PAGES 15-17, N.C.R.O. BEING A PORTION OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 9 NORTH, RANGE 22 EAST, GILA & PAINTED SKY Engineering & Survey, LLC PHONE: 928.537.7218 SALT RIVER MERIDIAN, TOWN OF PINETOP-LAKESIDE, NAVAJO COUNTY, ARIZONA F 976.99' 2657.20' 24 - 01-11 E S00°05'04"E Fnd 1" Open Iron Pipe Fnd 5/8" Rebar Show Drainage Fnd 5/8" Rebar (Not Used) Set 1/2" Rebar w/ Fnd 1/2" Rebar w/ Easements Per Fnd 1/2" Rebar w/ Tag 15340 Calculated Point Plastic Cap RLS #37930 Tag 15340 Drainage Plan. Fnd 5/8" Rebar N89°54'56"E 409.32' Fnd 1/2" Rebar w/ Plastic N00°05'04"W Cap (Not Used) Set 1/2" Rebar w/ Plastic Cap RLS #37930 D 25' Ingress/Egress Easement Dkt 954 Pg 231 ORNC Set 1/2" Rebar w/ N00°05'04"W 1680.21' To Be Abandoned Plastic Cap RLS #37930 BY 1/10/2024 1:07:20 PM - P:\SNOWFLAKE P DRIVE\180565\180565-22001\CAD\SHEETFILES\AMENDED FINAL PLAT\WOODLAND TOWNHOMES - FINAL PLAT.DWG - EMERY ELLSWORTH Fnd 1/2" Rebar w/ Tag 15340 DESCRIPTION C Set 1/2" Rebar w/ Plastic Cap RLS #37930 DATE Sewer Easement MARK Fee# 1998-4624 SE Cor NW 1/4 SW 1/4 Section 25 Irrigation Line Easement Fnd 5/8" Rebar w/Tag PE 8418 Docket 605, Page 750 DARCAM LLC FINAL PLAT B PINETOP-LAKESIDE, ARIZONA WOODLAND PINES TOWNHOMES A Project No.: 180565-23001 Designed By: SW 1/4 Cor, Section 25 S 1/4 Cor Section 25 Drawn By: Found GLO Brass Capped Pipe Checked By: DLB N89°32'26"E 2657.68' V-101 Sheet 2 Bar Measures 1 inch  1 2 3 4 5 6 7 www.paintedskyes.com 176 North Main Street WOODLAND PINES TOWNHOUSES A RE-PLAT OF WOODLAND PINES CONDOMINIUMS, RECORDED IN BOOK 28 OF PLATS, PAGES 15-17, N.C.R.O. Snowflake, Arizona 85937 PAINTED SKY BEING A PORTION OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 9 NORTH, RANGE 22 EAST, GILA & Engineering & Survey, LLC F SALT RIVER MERIDIAN, TOWN OF PINETOP-LAKESIDE, NAVAJO COUNTY, ARIZONA PHONE: 928.537.7218 24 - 01-11 E D BY 1/10/2024 11:54:38 AM - P:\SNOWFLAKE P DRIVE\180565\180565-22001\CAD\SHEETFILES\AMENDED FINAL PLAT\WOODLAND TOWNHOMES - FINAL PLAT.DWG - EMERY ELLSWORTH DESCRIPTION C DATE MARK DARCAM LLC FINAL PLAT B PINETOP-LAKESIDE, ARIZONA WOODLAND PINES TOWNHOMES A Project No.: 180565-23001 Designed By: Drawn By: Checked By: DLB V-102 Sheet 3 Bar Measures 1 inch  DEVELOPMENT AGREEMENT BETWEEN TOWN OF PINETOP-LAKESIDE AND DARCAM, LLC THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this ___ day of _______, 2024, by and between the Town of Pinetop-Lakeside, an Arizona municipal corporation ("Town"), and Darcam, LLC, an Arizona limited liability company ("Developer"). RECITALS A. Developer is the owner of real property located in Pinetop-Lakeside, Arizona, which is more specifically described in Exhibit "A" (the "Property"). B. The Town previously approved a condominium development on the Property in 2008, which included specific grading and drainage requirements Exhibit “B”. C. The Town and Developer have agreed to replat the condominiums as townhouses, as shown in Exhibit "A." D. A condition of the replat is that Developer must complete the grading and drainage per the previously approved plan. E. Developer has hired a contractor to complete the work at a projected cost of $60,000, as detailed in Exhibit "C." F. Developer will post a cash bond with the Town in the amount of 125% of the cost of the completion of the grading and drainage, which will be released upon approval of the completion of the work. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and agreements set forth herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals: Each of the recitals set forth above is incorporated into this Agreement as though fully set forth herein. 2. Definitions: The following terms shall have the meanings set forth below whenever used in this Agreement, except where the context clearly indicates otherwise: - "Town" shall mean and refer to the Town of Pinetop-Lakeside, an Arizona municipal corporation, and any successor public body or entity.  - "Developer" shall mean and refer to Darcam, LLC, an Arizona limited liability company, and any successor-in-interest or assignee of Darcam, LLC. - "Project" shall mean and refer to the development of the Property into townhouses, including the completion of grading and drainage as per the previously approved plan. 3. Developer Obligations: - Developer shall complete the grading and drainage work on the Property in accordance with the previously approved plan and to the satisfaction of the Town. - Developer shall post a cash bond with the Town in the amount of 125% of the projected cost of the grading and drainage work ($60,000), totaling $75,000, to ensure the completion of the work. - The cash bond shall be released by the Town upon its approval of the completion of the grading and drainage work. 4. Town Obligations: - The Town shall approve the replat of the condominiums as townhouses, as shown in Exhibit "A," subject to the completion of the grading and drainage work in accordance with the previously approved plan. 4. General Provisions: - This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. - This Agreement may be amended only by a written instrument signed by both parties. - This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. TOWN OF PINETOP-LAKESIDE By: ___________________________ Name: _________________________ Title: __________________________ DARCAM, LLC By: ___________________________ Name: _________________________ Title: __________________________  Exhibit B: Prior Approved Drainage Improvements Never Constructed Improperly Constructed