P&Z Meeting Minutes – 08/03/2017

 

Event Details


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PLANNING AND ZONING COMMISSION
MINUTES FOR
August 3, 2017

In Attendance:

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

 

Work Session

Call to Order 12:16 p.m.

Item #1    Discussion of the Comprehensive Plan, update on community meetings and progress in drafting the plan.

Mr. Brown updated the commission regarding the Comprehensive plan meetings.

Commission discussed land use and proposed an eventual workshop for the commission on September 14th.

Commission discussed canceling the regular meeting scheduled the 7th of September due to conflicts, commission agreed to reschedule the meeting for September 14, 2017.

Item #2    Discussion of a proposed policy outlining the Commission’s role in cases that involve false, misleading, or fraudulent information before, during, and after an application has been decided.

Mr. Brown proposed a new policy format modeling Mohave County.

Commissioner Brad Peterson voiced his feelings and concerns with the extension of the building permits and the Conditional Use Permit for Concord Blue. Commission discussed the time limit of Conditional Use and Building Permits.

Adjourned 12:53p.m.

Commission Meeting

Item #1    Call to Order

Chairman Jim Thornhill called the meeting to order at 1:00 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 June 1, 2017 meeting

No Discussion.

Chairman Jim Thornhill opened for a motion.
Vice-Chairman Oscar Miranda moved to approve the June 1, 2017 minutes.
Commissioner John Freeman seconded the motion.
Voting, Unanimous

Item #4    Public hearing, consideration and possible recommendation for approval of a Subdivision Amendment application by Karyl Carter to Amend the Wilderness Subdivision Plat converting 10 lots into two (2) lots by combining lots 32 – 41 and lots 34-39 as described in Article #5 of the current Covenants, Conditions, Reservations & Restrictions (CC&R’s), also vacating the utility easement that runs North & South through lots 30-40; there are no utilities constructed in said easement. Property is located near Vernon, AZ. A.P.N 106-70-032 thru 041.

Mr. Brown provided staff report and discussed combing the lots, recommend approval as is.

Commission and staff discussed the process of abandoning easements.

Chairman Jim Thornhill opened for a motion.
Commissioner Brad Peterson moved to approve the amendment with a condition to have the Board of Supervisors consider abandoning the easement at the same time as the C.U.P.
Vice-Chairman Oscar Miranda seconded the motion.
Voting, Unanimous

Item #5    Public hearing, consideration and possible recommendation for approval of a Conditional Use Permit allowing Sean Bowen to place a 1999 remodeled manufacture home on their 40 acre parcel. Property is located near Concho, AZ. A.P.N 107-49-116.  

Attorney Joe Young, Mr. Brown and the Commission discussed at length Article 7 Section 730 and the correct procedures in reviewing and hearing Conditional Use Permit (C.U.P) applications for older manufactured homes (MH). Mr. Young determined that MH’s more than 15 years old could not be placed in the county, and that the ordinance as written did not allow older MH’s to come in through the CUP process.

Mr. Peterson suggested that the MH ordinance be changed.

Commission discussed snow load requirements for in the area. Mr. Brown explained the waiver should a MH not meet the snow load requirements.

Mr. Bowen stated that he felt he was being punished for doing the right thing and that things needed to be improved with the process.

Commission and staff discussed the HUD requirements and approving the application with conditions while changes were being made to the ordinance.

Chairman Jim Thornhill opened for a motion.
Commissioner Brad Peterson moved to send for an approval and then work out the issues with the ordinance and not delay our county residents any longer.
Commissioner John Freeman second the motion for discussion.

Mr. Freeman explained that the commission was bound by law and ordinances to do things in a certain process and could not legally approve this type of C.U.P. applications.

Discussion regarding the legalities of Mr. Petersons motion and the authority of the commission.

Chairman Jim Thornhill called the questioned.
Voting failed, 7 nays to 1 ayes.

Commission and staff discussed issuing a temporary permit to Mr. Bowen while changes were being made to the ordinance.

Commission discussed holding a special meeting. Commission agreed to table the item and hear again at a special meeting along with a proposed amendment to the ordinance.

Chairman Jim Thornhill opened for a motion.
Commissioner John Freeman motioned to table this application while amending the ordinance to provide a process for a C.U.P for older MH”S and fast track the process.
Vice-Chairman Oscar Miranda seconded the motion.
Voting unanimous

Item #6    Public hearing, consideration and possible recommendation for approval of a Conditional Use Permit allowing Charles A. Lewis to construct and place a 102 foot communication tower on his 10 acre parcel that can be used for cellular phone, fire department, repeaters, microwave, and internet providers, etc. Property is located near Concho, AZ. A.P.N. 107-40-008A. Adjourn

Mr. Miranda questioned if the structure was safe for multiple companies to have equipment on the tower. Mr. Lewis agreed and explained that a professional engineer will be involved in the construction process.

Mr. Smith noted the setback of the tower and expressed concerns with the damages to surrounding properties should the tower fail. Mr. Lewis explained the design of the tower so it would not damage any other property.

Mr. Brown provided staff report and recommended approval of the application with conditions as noted in the report; the CUP must be reviewed periodically to ensure it is still actively used for communication tower, no expansion of the use, such as adding a facility that generates noise, applicant must take measures to reduce glare and wind noise from the tower, and after 10 years the CUP must be renewed or the tower taken down .

Commission discussed the conditional use permit and conditions.

Chairman Jim Thornhill opened for a motion.
Commissioner Brad Peterson moved to approve with conditions: If the tower was not being used after five (5) years from the date of approval the tower comes down, the applicant must take measures to reduce glare and noise, the tower is only to be used as a communication tower and must be constructed within the two (2) year Conditional Use Permit time period.
Vice-Chairman Oscar Miranda seconded the motion.
Voting, Unanimous

Item #7    Discussion, consideration and possible recommendation for approval of a Planning & Zoning Commission policy and procedure for applications involving false, misleading, or fraudulent information. The policy outlines the process for the commission to follow when handling such applications.

Mr. Brown presented a new format to use for future policies, modeling Mohave County, adding that future policies would look more formal. Commission agreed

Mr. Smith suggested adding the ordinances numbers to the forms for quick reference.

Chairman Jim Thornhill opened for a motion.
Commissioner Bobby Fite moved to approve.
Commissioner Terry Smith seconded the motion.
Voting, Unanimous

Item #8  Call to the Public

Chairman Jim Thornhill opened the public session. No public in attendance.

Chairman Jim Thornhill closed the public session.

Item #9  Report from Staff to the Commission.

Item #10  Adjourn

Adjourned 2:25 p.m.

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