P&Z Meeting Minutes – 06/01/2017


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MINUTES FOR June 1, 2017

In Attendance:

Commissioners  Staff 
Jim Thornhill, Chairman Devin Brown, Director
Oscar Miranda, Vice-Chairman Joe Young, Chief Deputy Attorney
Dan Muth Josh Covey, Deputy Attorney
Kay Hauser (Absent) Shanna Pearce, Executive Assistant
Carey Dobson (Absent)  Greg Green, Building Official
Bobby Fite
John Freeman
Brad Peterson
Terry Smith
Michael Bragiel

Work Session

Call to Order 12:10 p.m.

Item #1    Discussion of the Comprehensive Plan and update on community meetings to be held around the county.

Devin Brown presented the Top 10 concerns gathered from the community’s first round of meetings and provided the commission with information, graphs and statistics he gathered from their concerns to be presented in the next community meetings. The next round of community meetings begin June 1, 2017 and continue throughout the county through June 21, 2017.

Item #2    Discussion of a proposed policy or ordinance to allow for tiny houses less than 400 square feet.

Mr. Brown advised the commissioners there were more questions to be answered before coming to a resolution and noted that the current Apache County Zoning Ordinance had no restrictions on the size of homes and that requests were rare for tiny houses at this time.

Mr. Brown noted that Greg Green, Apache County Building Official, would be attending a meeting next week regarding tiny homes and would bring additional information to help in developing a policy or ordinance.

Chairman Jim Thornhill and Mr. Brown discussed the rising trend, the need for a policy to be in place and the requirements already in the Building Code that regulate some of the issues.

Item #3    Discussion of a proposed policy on how the Commission would respond to cases that involve false, misleading, or fraudulent information before, during, and after an application has been decided.  

Mr. Brown, Apache County Chief Deputy Attorney Joe Young and the commissioners discussed the purpose, role and procedures of the proposed policy from staff and the proposed, more detailed, policy from Commissioner John Freeman.

Commissioners agreed that as both policies said the same thing, combining the two (2) procedures; as policy, the proposed procedures by staff; as a definition, the proposed procedures by Mr. Freeman. Mr. Freeman and the commissioners agreed that he would draft the policy, the attorney’s would complete a final review then putting the draft on the agenda both in the work session, to discuss and review and the regular meeting, for possible recommendation to the Board of Supervisors for approval.

Mr. Bragiel questioned Mr. Young if using the verbiage “misleading” was appropriate. Mr. Young stated the commission could interpret the meaning in a case and the effects it would have on an application.

Adjourned 1:00 p.m.
Commission Meeting

Item #1    Call to Order

Chairman Jim Thornhill called the meeting to order at 1:10 p.m.

Item #2    Roll Call/Determination of a Quorum

Chairman Jim Thornhill stated a quorum was present. Eight (8) commissioners present.

Item #3    Approval of the minutes from the May 4, 2017 meeting

No Discussion.

Chairman Jim Thornhill opened for a motion.
Commissioner Terry Smith moved to approve the May 4, 2017 minutes.
Commissioner Dan Muth seconded the motion.
Voting, unanimous.

Item #4    Public hearing, consideration and possible recommendation for approval of amended versions of the Subdivision Ordinance Section 10 Reversion to Acreage and the Zoning Ordinance Section 740 Lot Combination with associated applications and fees. The Reversion to Acreage amendment would create three separate processes: minor plat amendment, major plat amendment, and abandonment—all of which apply only to lots within subdivisions. The Lot Combination amendment would simplify the procedures and only applies to parcels outside of a subdivision.  

Devin Brown provided staff report noting he didn’t feel the recommended fees covered the cost of the department, he recommended changing the Major Plat Amendment to match the Abandonment Amendment as they followed the same process.

Mr. Brown, Attorney Joe Young and the commissioners discussed at length lot splits vs. parcel splits, definitions and their use in the ordinance; comparing Greer Article 6 for any conflicts; the process of the minor plat, major plat and abandonment procedures; changing the fee for the major plat amendment to $350, matching the abandonment amendment; concerns with lot line adjustments and preventing double density issues and the purpose and assurance of the ordinance.

Commissioners discussed the verbiage “reconfiguration” used in the Minor Plat Amendment A.4 being necessary. Mr. Muth provided insight and recommended leaving the verbiage in the policy. Commissioners agreed.

Chairman Jim Thornhill opened the public hearing. No public comment.

Chairman Jim Thornhill closed the public hearing.

Chairman Jim Thornhill opened for a motion.

Commissioner Brad Peterson moved to approve the amendments as presented.

Commissioner Michael Bragiel suggested adding a stipulation for the fee adjustment of the Major Plat Amendment to $350 as previously discussed.

Commissioner Brad Peterson agreed with the stipulation to include adjusting the Major Plat Amendment from $300 to $350 and moved to approve the amendments.

Commissioner John Freeman seconded the motion.

Mr. Muth questioned if the fees for Parcel Combination and Minor Plat Amendment needed to be adjusted as noted by Mr. Brown in his staff report, as they did not reflect the work required by staff and other expenses. Mr. Brown explained the added expenses. Mr. Muth asked Mr. Peterson if he would be willing to amend the motion adding “applicable recording fees.” Mr. Peterson and Mr. Freeman agreed.

Commissioner Brad Peterson amended his motion to approve the proposed amendments, application and fees $50 parcel combination, $75 minor plat amendment, $350 for the Major Plat Amendment and $350 for the Abandonment procedures and adding applicable recording fees.

Commissioner John Freeman seconded the amended motion.
Voting, unanimous.

Item #5    Call to the Public (Forms must be turned in at this time).

Frank Wright, HC 30 Box 699, Concho Valley, AZ. Mr. Wright provided his history in building and the tiny home concept, adding he felt they needed to be in a rental  park or RV park, not for long-time use and the probability of a HUD planned unit development.

Item #6    Adjourn

Chairman Jim Thornhill opened for a motion.
Commissioner Terry Smith moved to adjourn.
Commissioner Brad Peterson seconded the motion.
Voting, unanimous.

Adjourned 2:00 p.m.