P&Z Meeting Minutes – 03/02/2017


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MINUTES FOR March 2, 2017

In Attendance:

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

Work Session

Call to Order 12:05 p.m.

Item #1    Discussion of the Comprehensive Plan, including the Commission’s role in creating the plan, reviewing contents of the current plan, and ideas for the new plan.

Devin Brown provided a general overview of the statutes, what a comprehensive plan is and the Commission’s role in creating the plan.

Commissioners discussed at length the role of the commission, the use of staff and consultants, the process for developing the plan, the information and documentation to include, creating an action plan to include the future of the power plants, the economy outlook, possible zero growth areas, ranching, community outreach, public participation and public meetings, creating core groups and sub groups, the history of large employers in the county, and identifying zones; commercial, industrial and manufacturing.

Barry Weller suggested to include a timeline of priorities so the community could follow the progress.

Item #2    Discussion about amending or adding to the Zoning Ordinance or Building Code. Specifically, discussion on these topics:

A.    Amending the Reversion to Acreage and Lot Combination ordinances

Mr. Brown reminded the commission this process was for lots within a subdivision. Mr. Thornhill clarified for county approved subdivisions not state approved.

Mr. Brown explained the Minor Plat Amendment process, the requirements, and administrative review process; has very little effect on neighbors, just removing a lot line, not as much need for  public hearings.
Commissioners discussed allowing for two separate owners, wanting to split a lot and combine a portion with their lots, be able to complete this process simultaneously, and adding the director has the ability to take before the board if it is more complicated.

Mr. Brown explained the Major Plat Amendment process and requirements; not a simple combination.

Commissioners discussed the requirements of notification letters and adding 1.b under rules and guidelines to the Minor Plat Amendment.

Mr. Brown explained the Abandonment process; completely dissolving a subdivision with and without lot sales. He noted this process did not have to come before the commission as notarized consents are required from every property owner with in the subdivision.

Commissioners discussed lots being bought on back taxes and adding that taxes must be paid in full, and the procedures when they are in the process of purchasing.

Discussion on the history of abandonments done under current ordinance and getting a timeline and process of completing the new procedures.

Work session recessed 12:58 p.m. to go into the regular meeting session

Resumed Work Session 1:31 p.m.

B.    Changing building codes to allow for tiny houses

Mr. Brown explained there is no restriction in the zoning ordinance for tiny homes, only in the building code. He added the proposed amendment for tiny homes is based on the Pima County ordinance. The amendment would change certain specifications in the building code. He described the risks in a bigger home vs. the risks in a tiny home and noted that a permanent foundation would still be required.

Commissioner Terry Smith questioned the permanent foundation for those on wheels. Mr. Brown explained those on wheels would be treated as a trailer; with the same requirements as an RV, those not on wheels would be treated as a home; with the same requirements for a home.

Discussion regarding the definition of slum-housing and who determined what slum is.

Commissioners discussed the past and present use of small cabins, tiny homes, and RV’s and possible future development because of their size.

Commissioners discussed their responsibilities, protecting property values, zoning areas for tiny homes, including the community in discussions when creating the comprehensive plan and some area with existing CC&R’s excluding small homes.

C.    Adding provisions to allow guest houses

Mr. Brown introduced the proposal to amend the current ordinance to allow for a guest home.

Mr. Peterson noted Pima County’s ordinance and its restrictions.

Mr. Freeman noted Greer’s ordinance; can only be a percentage of the main house.

Mr. Brown explained the pros and cons.

Mr. Bragiel noted the percentage may not work if the primary home was only 800 square feet.

D.    Amending the Manufactured Homes zoning ordinance

Mr. Brown explained the current ordinance and requirements and stated the ordinance needs a purpose statement to guide the Board of Adjustment and Appeals in making decisions.

Commissioners and community members discussed the role of the building official, what should be included in the ordinance and what the state regulations were.

Mr. Brown stated the rule should only be based on protecting property values and aesthetics and added the federal government regulated construction and safety.

Commissioners discussed pre 1976, the state requirements and issuing of stickers, the necessity of the ordinance, area zoning, safety, and using the adopted Property Maintenance for enforcement.

Item #3    Discussion or review of principles learned at the Open Meeting Law and Public Records Law training on February 28, 2017.

Discussion on topics taught at the training; emailing, phone calls, attending personal events, and fines.

Item #4      Discussion of the commission member’s potential liabilities when acting within  the scope of their duties.

Chairman Jim Thornhill requested to move this item to a future agenda.

Adjourn 2:13 p.m.

Commission Meeting

Item #1    Call to Order.

Chairman Jim Thornhill called the meeting to order at 1:04 p.m.

Item #2    Roll Call/Determination of a Quorum

Chairman Jim Thornhill stated a quorum was present.

Item #3    Public Communications (Forms must be turned in at this time)

Public communication forms were collected and turned in.

George Walsh, Vernon, AZ, requested to involve the community in the development of the comprehensive plan and to put the medical marijuana ordinance on a future agenda to bring it up to state compliance; referenced Navajo County Ordinance.

Tim Towers, Concho, AZ, chairman of Concho Valley Citizens for Awareness stated they would like to have input on the development in Concho, and added they are concerned with the golf course; its use for agricultural and the effects that the pesticides will have on any foods, and requested possibly zoning the area for Tiny Homes.

Jamie Gentile, Community Development for NEXTera Energy, introduced the company and expressed interest in bringing wind farms to Apache County, utilizing its wind resource. He provided a project overview and timeline, and explained the community benefits.

Trisha Hail, Project Developer for NEXTera Energy, introduced herself and explained her role within the company.

Item #4    Approval of the minutes from the February 2, 2017 meeting

No Discussion.

Chairman Jim Thornhill opened for a motion.
Commissioner Kay Hauser moved to adjourn.
Commissioner Carey Dobson seconded the motion.
Voting is 7 ayes – 0 nays, 2 abstentions Terry Smith and Mike Bragiel were not present at the February 2, 2017 meeting.

Item #5    Adjourn

Chairman Jim Thornhill opened for a motion.
Commissioner Kay Hauser moved to adjourn.
Commissioner Brad Peterson seconded the motion.
Voting unanimous.

Adjourned 1:24 p.m.