Planning & Zoning Commission

PUBLIC NOTICE TOWN OF PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION REGULAR MEETING AND PUBLIC HEARING THURSDAY, JUNE 13, 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 April 11, 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 Discussion and Legal Action regarding creating Town Code Community Chapter 17.08.055, thereby regulating the Placement of Development Manufactured Homes. Director Loyd D.2 Public Hearing, Discussion and Legal Action regarding a Community Minor Amendment to the Land Use Element of the General Development Plan changing the land use designation from R-Low to Planned Director Loyd Development for 32.3 acres on the corner of Show Low Lake Road and White Mountain Boulevard for the Lake Pointe Development. D.3 Public Hearing, Discussion and Legal Action regarding Z-89, Community a Zoning Amendment changing from R-Low to PUD for APNs Development 212-01-019A, 212-01-019B, 212-01-020, 212-01-021A, 212- Director Loyd 01-022C, 212-01-022D. Planning & Zoning Commission Regular Meeting – June 13, 2024 Page 2 E. Adjournment: Chairman Posted on May 31, 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. 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: June 13, 2024 Agenda Item #: C.1 Subject: Consider approval of the minutes of the Regular Meeting of the Planning and Zoning Commission held on April 11, 2024.  MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING OF THE TOWN OF PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION, HELD ON THURSDAY, APRIL 11, 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 Alison Stewart Commission Member Jack Pence Commission Member-Telephonically Todd Fernau Commission Member John Salskov Commission Member Timothy Williams Commission Member The following Member was absent: Tim Kendzlic Vice Chairman Also Present: Jeremiah Loyd Community Development Director Mackenzie Valichnac Deputy Clerk Kristi Salskov Town Clerk Annie DeRosier Marketing Coordinator Rob Hephner Creative Services 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 – April 11, 2024. Page 2 C.1Consider approval of the Minutes of the Regular Meeting of the Planning and Zoning Commission held on March 14, 2024. Chairman Turner moved to approve the minutes of the Regular Meeting of the Planning and Zoning Commission held on March 14, 2024. Commissioner Williams seconded the motion and by show of hands the following vote was recorded: AYES NAYS ABSTAIN Harry Turner X Alison Stewart X Todd Fernau X Jack Pence X John Salskov X Timothy Williams X Chairman Turner declared the motion passed 6-0. D. New Business D.1 Discussion and Legal Action regarding Z-88, a zoning amendment to the zoning map of the Town of Pinetop-Lakeside from R1-4 to MH-4 for APNs 311-34-007A and 311-34-007B. Community Development Director Loyd reviewed his staff report and stated the owner of 2558 E. Poplar Dr. is requesting to amend the zoning from R1-4 to MH-4 to install a manufactured home. The surrounding neighborhood has various types of zoning and legal non-conforming uses, including MH-4, PUD, and RVP. MH-4 has a minimum lot size of 10,000 square feet which aligns with the medium density classification in the General Plan land-use element. The applicant owns both parcels, so the request is not considered spot zoning. One of the goals of the General Plan is to eliminate legal non-conforming uses and that can be done with assigning zoning that reflects what is there. Commissioner Stewart asked if an owner of a legal non-conforming property would be able to replace the old manufactured home with a new one. Community Development Director Loyd answered that they would be able to if they completed it within 6 months. Commissioner Stewart asked if the lots could be split and potentially how many manufactured homes could be placed on the lots. Minutes of Planning and Zoning Commission Regular Meeting – April 11, 2024. Page 3 Community Development Director Loyd stated that the property has already been split once and it would be difficult to complete another split while still meeting the minimum requirements. Two manufactured homes could be placed on the vacant lot, and one could be placed on the lot with the site built home. Commissioner Stewart stated that there is a manufactured home on the property that looks like it was recently placed. Community Development Director Loyd replied that there is a mobile home placed on the property adjacent to this, which is also zoned the same. The applicant, Sergio Martinez, stated that the manufactured home is not occupied and does not have any utilities, since he is waiting for approval from the Town. Mr. Martinez continued to say that he does not plan to put multiple manufactured homes on the property. He is planning on having his family live in the manufactured home while he remodels his current home. Community Development Director Loyd stated that Mr. Martinez requested a manufactured home permit, but the Town does not issue them. Director Loyd also informed Mr. Martinez that this property is not zoned for manufacture homes, even though there are many around the property, so he would need to get the property rezoned. Mr. Martinez had already purchased the manufactured home. Chairman Turner stated that many of the properties on the street also have manufactured homes. Community Development Director Loyd stated that the area should have never been depicted as R1-4, the zoning should reflect what was already there. These property owners should also apply for a zoning amendment. Commissioner Fernau stated that they need to consider what manufactured homes can be brought onto properties. Community Development Director Loyd stated that he is working on an ordinance that manufactured homes older than 20 years cannot be placed. Commissioner Stewart asked the applicant what year the manufactured home was built. Mr. Martinez answered that it was built in 1990. Minutes of Planning and Zoning Commission Regular Meeting – April 11, 2024. Page 4 Commissioner Fernau stated that if someone tried to spot zone a property in his neighborhood to allow a manufactured home, he would fight that because it would change the dynamic of the neighborhood. Community Development Director Loyd replied that it would change the dynamic of his neighborhood but it wouldn’t necessarily change the dynamic of the neighborhood being discussed. Commissioner Stewart stated that Mr. Chilton, who lives near this property, would not agree, based on the letter he wrote to the Commission. Community Development Director Loyd stated that Mr. Chilton does not pass this property to get to his house. Chairman Turner stated that Mr. Chilton does not live within 300 feet from the property and asked what Mr. Martinez’s plans are for the properties. Mr. Martinez said that he is planning on having his family live in the manufactured home while he remodels his current home and then sell the property with the manufactured home to his brother. Commissioner Pence asked if there was any feedback from the neighbors. Community Development Director Loyd stated that he has not heard from the immediate neighbors. He did speak with Mr. Adcox, who asked why the manufactured home was already there. Director Loyd explained what happened and that Mr. Martinez is trying to remedy the situation and allow the manufactured home to be on the property. Commissioner Fernau asked if Mr. Martinez is planning on staying there long term. Mr. Martinez confirmed that. He has children who go to Blue Ridge. He has been a member of the community for 26 years and now owns a business here. Commissioner Fernau asked how Mr. Martinez plans to skirt the manufactured home. Mr. Martinez answered that they will skirt it with either vinyl or concrete blocks. Commissioner Salskov asked why the request is to rezone both parcels and not just the parcel that the manufactured home will be on. Minutes of Planning and Zoning Commission Regular Meeting – April 11, 2024. Page 5 Community Development Director Loyd answered that it prevents the perception of spot zoning. Ideally, the property owner to the east should have also applied for a zone change but they did not. Commissioner Stewart asked if they could include the stipulation that only one mobile home could be placed on the property and that it has to be skirted. Community Development Director Loyd stated that it may be difficult to enforce conditional zoning unless a deed restriction is filed with the County. Director Loyd added that he would recommend they stay away from spot zoning. Commissioner Salskov stated that most of these homes have been owned by families for many years. As owners are passing away and families are selling the homes, there is a chance for a shift in the characteristic on the neighborhood. If everything is zoned MH-4, that is what will most likely continue. If it is R1-4, it could encourage site built houses instead. Commissioner Salskov stated that he understands not wanting to spot zone. By rezoning 311-34-007B to MH-4 while keeping 311-34-007A zoned R1-4, that creates a buffer between the manufactured homes that are already there and the site- built homes. Commissioner Salskov made a motion to recommend approving the zoning amendment Z-88 to the Zoning Map of the Town of Pinetop-Lakeside, thereby amending the Zoning Map from R1-4 to MH-4 on .58 acres for APN 311-34-007B on East Poplar Dr. to the Town Council. Commissioner Fernau seconded the motion and by a show of hands the following vote was recorded: AYES NAYS ABSTAIN Harry Turner X Alison Stewart X Todd Fernau X John Salskov X Jack Pence X Timothy Williams X Chairman Turner declared the motion passed with a 5-1 vote, with Commissioner Pence opposed. Minutes of Planning and Zoning Commission Regular Meeting – April 11, 2024. Page 6 E. Adjournment There being no further business at this time, the meeting was adjourned at approximately 6:41 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 11th day of April 2024. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of April 2024. ________________________________ Mackenzie Valichnac Deputy Town Clerk Meeting Date: June 13, 2024 Agenda Item #: D.1 Subject: Discussion and Legal Action regarding creating Town Code Chapter 17.08.055, thereby regulating the placement of Manufactured Homes.  TOWN OF PINETOP-LAKESIDE COMMISSION RECOMMENDATION Meeting Date: 6/13/2024 Agenda Item #: D.1 Subject: Discussion and Legal Action regarding creating Town Code chapter 17.08.055, thereby regulating the Placement of Manufactured Homes. Department/Presenter: Community Development Director – Jeremiah Loyd, P.E. Type of Action ☒ Formal Action/Motion Requested: ☐ Public Hearing ☒ Other -Recommendation to Town Council DISCUSSION: The purpose of limiting the placement of manufactured and mobile homes within the Town of Pinetop-Lakeside to those that are no older than ten years from their date of manufacture is to: A. Preserve the aesthetic standards of the community. B. Ensure all dwellings adhere to modern health, safety, and environmental regulations. C. Maintain and elevate property values throughout the community. D. Reduce the demand for local code enforcement and abatement resources. E. Ensure all development is of high quality per the adopted General Plan. The code would be revised to create the following chapter: 17.08.055 Placement of Manufactured Homes. A. As defined in this code (built before June 15, 1976), mobile homes may not be moved into Pinetop- Lakeside or from lot to lot in Pinetop-Lakeside. B. Manufactured or Modular homes, as defined within this code, and park models ten years and older may not be moved into Pinetop-Lakeside or from lot to lot in Pinetop-Lakeside. C. Manufactured, Modular, or park model homes meeting the above guideline shall be permitted within zoning districts that allow such uses if they conform to the following additional requirements: D. Be adequately anchored and attached to a foundation supporting vertical loads, uplift, and lateral forces. There shall also be a concrete masonry unit (CMU) skirting or other approved skirting material; the Community Development Director may approve such other material. In all installations, the bottom of the lowest I-beam will be at least six inches above the finished grade at any point and comply with Pinetop-Lakeside's floodplain regulations. 1. Have a minimum width of twenty feet, excluding park models. 2. Be covered with an external material customarily used on conventional dwellings, such as composition board (T1-11) vinyl or aluminum siding. a. Exception: 1. Doors that only provide access to equipment closets, such as water heaters and furnaces. Meeting Date: June 13, 2024 Agenda Item #: D.2 Subject: Public Hearing, Discussion and Legal Action regarding a Minor Amendment to the Land Use Element of the General Plan changing the land use designation from R-Low to Planned Development for 32.3 acres on the corner of Show Low Lake Road and White Mountain Boulevard for the Lake Pointe Development.  TOWN OF PINETOP-LAKESIDE COMMISSION RECOMMENDATION Meeting Date: 6/13/2024 Agenda Item #: D.2 Subject: Public Hearing, Discussion and Legal Action regarding a Minor Amendment to the Land Use Element of the General Plan changing the land use designation from R-Low to Planned Development for 32.3 ± acres on the corner of Show Low Lake Rd and White Mountain Blvd for the Lake Pointe Development. Department/Presenter: Community Development Director – Jeremiah Loyd, P.E. Type of Action ☒ Formal Action/Motion Requested: ☒ Public Hearing ☒ Other -Recommendation to Town Council DISCUSSION: The effective Land Use Element is shown below in Figure 1. The area is depicted as low-density, with a planned area for trail access. Figure 1: General Plan Land Use Element This Minor Amendment would enable a Zoning Amendment that transitions the current zoning from R-Low to PUD. The surrounding area showcases a blend of low-density housing, forests, and community commercial spaces. Additionally, a designated planned development area within Mountain Gate is located northwest of the proposed site. This proposal aims to maintain the existing planned trail access, which has been unaffected by the change. Almost uniformly along White Mountain Blvd, properties are designated Community Commercial, with this site being a notable exception. From a planning standpoint, adopting a planned development designation would facilitate the creation of a Planned Unit Development (PUD), enabling a harmonious mix of commercial and residential uses and enriching the community's diversity and vibrancy. The allowable zoning classification for different Land Use Types Figure 3: Current Zoning & Proposed General Plan Amendment Location Map RECOMMENDATION: Staff recommends that the Commission recommend to the Town Council to approve the Minor Amendment to the Land Use Element for 32.3± acres of the southeastern portion of Show Low Lake Rd and White Mountain Blvd., as identified in Figure 3 above. FINANCIAL ANALYSIS: Meeting Date: June 13, 2024 Agenda Item #: D.3 Subject: Public Hearing, Discussion and Legal Action regarding Z-89, a Zoning Amendment changing from R-Low to PUD for APNs 212-01-019A, 212-01- 019B, 212-01-020, 212-01-021A, 212-01-022C, 212-01-022D.  TOWN OF PINETOP-LAKESIDE COMMISSION RECOMMENDATION Meeting Date: 6/13/2024 Agenda Item #: D.3 Subject: Public Hearing, Discussion and Legal Action regarding Z-89, a Zoning Amendment from R-Low to PUD for 32.3± acres for APNs 212-01-019A, 212- 01-019B, 212-01-020, 212-01-021A, 212-01-022C, 212-01-022D from R-Low to PUD. Department/Presenter: Community Development Director – Jeremiah Loyd, P.E. Type of Action ☒ Formal Action/Motion Requested: ☒ Public Hearing ☒ Other -Recommendation to Town Council DISCUSSION: The community has long debated the need for high-quality development, and this proposed high- end project promises to boost the regional economy by adding new shopping centers and hotel options, enhancing our tourism-driven financial landscape. In the 2022 Major Amendment to the Land Use Element, the Planning Commission and the Town Council designated this area for Community Commercial development along White Mountain Blvd, with a Planned Development zone behind this frontage as depicted in Figure 1. However, the Major Amendment was withdrawn due to the looming threat of a referendum and the anticipation that the Town would revise the map within a year. This decision came before the realization that the town lacked the legal right to update the General Plan or seek voter approval for such changes, primarily because our community did not meet the required 2% growth rate, a fact reflected in the 2020 Census.  Figure 1: 2022 General Plan Major Amendment Figure 2: 2015 Effective General Plan Land Use Element Cooper Properties LLC, the owner of the APNs listed in Table 1 and depicted in Figure 3, has submitted a request for a Zoning Amendment for a 32.3-acre site located at the southeastern corner of Show Low Lake Rd and White Mountain Blvd. The proposed amendment seeks to change the current zoning from R-Low Rural Residential to Planned Unit Development. The development plan includes the construction of a hotel, a market, and a shopping center, which will serve as a precursor to the subdivision they plan to construct, as detailed in the site plan presented in Figure 4. This proposal is strategically aligned with the goals outlined in the adopted Strategic Plan, specifically under the category of Strengthening and Diversifying Our Economic Base. Moreover, it supports the vision statement's goal to foster a growing and diverse economy that offers meaningful employment opportunities and enhances the quality of life for both residents and visitors. Furthermore, the application is consistent with the Growth Area Goals of the 2015 General Plan, which identifies areas particularly suited for planned multimodal transportation and infrastructure expansion. These improvements aim to support a planned mix of uses including residential, office, commercial and tourism. Additionally, it emphasizes the importance of increasing activity in certain areas through the utilization of shared resources, aligning with the second item within this category. Figure 3: Current Zoning & Proposed General Plan Amendment Location Map Table 1: Parcel Table  Figure 4: Lake Pointe Proposed Site Plan The proposed Zoning Amendment facilitates mixed-use development, combining residential and commercial spaces. It enables the construction of a hotel and a marketplace featuring retail outlets along White Mountain Blvd and Show Low Lake Rd. Furthermore, it permits the development of a residential community adjacent to the hotel and shopping center, enhancing the area's livability and convenience. RECOMMENDATION: The staff advises the Commission to recommend that the Town Council approve Z-89, a proposed Amendment to the Town of Pinetop-Lakeside's Zoning Map. This amendment pertains to the 5/13/24, 10:25 AM Civic Review - Permit & Licensing Software Pinetop-Lakeside Printed: 05/13/2024 Corner of Show Low lake Rd and SR-260 3762052 03/07/2024 - 03/06/2025 50171440-dcc2-11ee-8e74-371fb0b10eda Zoning Amendment Zoning Amendment Active New Application Review Status Pre-Review Not Reviewed 03/07/2024 Final-Review Not Reviewed Fees Payments Application Fee $200.00 03/07/2024 Card visa *9165 $325.00 Advertising Fee $125.00 Total Paid $325.00 Subtotal $325.00 Amount Paid $325.00 Total Due $0.00 Application Form Data (Empty fields are not included) Applicant First Name Jeff Applicant Last Name Fassett Applicant Email fassett1315@gmail.com Applicant Phone (480) 331-5226 Is Applicant also the Property Owner? No https://app.civicreview.com/permits/65ea25325ca5f018986d82ef/terms/65ea25325ca5f018986d82f3/print-permit 1/5 5/13/24, 10:25 AM Civic Review - Permit & Licensing Software Property Owner First Name Cooper Properties Leasing Property Owner Last Name LLC Property Owner Email gcooper@cooperleasing.com Property Owner Phone (602) 321-1479 Please upload a Letter of Authorization from the Property Owner  letter of authoration pinetop.pdf Request Type Zoning Map Amendment Tax Parcel # 212-01-019A, 212-01-019B, 212-01-020, 212-01-021A, 212-01-022D, 212-01-022C Please briefly explain why you believe this amendment is necessary This parcel situated with approximately 380 feet of frontage to SR -260 and all borders two properties are currently zoned Commercial as well as commercial properties directly across SR-260. Converting this to commercial would bring this parcel in line with the surrounding area along with creating a buffer for the residential land from SR-260. Please describe the intended use A mixed use entertainment district open to the public that furthers Pinetop-Lakeside's spirit of an active, friendly environment. Preliminary plans include a hotel, shops, grocery market, activity center that includes pickleball, indoor golf, backyard type games, frisbee golf and a trial system, workforce housing, and small pad for potential coffee shop or something similar. Please describe the proposed zoning classification, and any other entitlements the Zoning Commission should be aware of C-1 to match neighbors, no special entitlements are requested. Please discuss the relationship of the amendment to current zoning regulations, the General Plan, the Subdivision Code, or any other applicable ordinances, codes, rules, or regulations The general plan has this small strip designated as R-Low with Commercial next to it on both sides and across SR-260. This would fill in the gap between the neighboring parcels that are already commercial. Does this re-zoning request include any property that is not owned by the applicant/property owner? No In what zone is the property currently located? R-LOW What zone are you requesting the current zone be amended to. https://app.civicreview.com/permits/65ea25325ca5f018986d82ef/terms/65ea25325ca5f018986d82f3/print-permit 2/5 5/13/24, 10:25 AM Civic Review - Permit & Licensing Software C-1 Subdivision Name meets and bounds Property Address Corner of Show Low lake Rd and SR-260 City Pinetop-Lakeside State AZ Zip 85901 Please show the affected property, as well as the surrounding property located within a distance of 300 feet.  Loading map... Please upload Site Plan  LP-Base-OPEN SPACE AREAS.pdf Legal Description of the property  leagal description LP.pdf Certified Property Survey  Survey - Page 1.pdf Written consent, signed by all of the owners of affected property https://app.civicreview.com/permits/65ea25325ca5f018986d82ef/terms/65ea25325ca5f018986d82f3/print-permit 3/5 5/13/24, 10:25 AM Civic Review - Permit & Licensing Software  letter of authoration pinetop.pdf Signature I hereby file the above request as party of interest or representative thereof, and declare that all information submitted is true and correct to the best of my knowledge and belief. Jeff Fassett - 03/07/2024 1:36 pm https://app.civicreview.com/permits/65ea25325ca5f018986d82ef/terms/65ea25325ca5f018986d82f3/print-permit 4/5