(These minutes are subject to correction and or approval on June 21, 2005

Donna Stanley

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(These minutes are subject to correction and/or approval on September 20th, 2005.) MINUTES OF THE WORK SESSION OF THE PLANNING AND ZONING COMMISSION OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA HELD THTUESDAY, SEPTEMBER 6 , 2005, AT 6:15 P.M. IN THE COUNCIL CHAMBERS. Chairman Irwin called the Work Session to order at 6:15 p.m. Roll call was taken and a quorum was present. ROLL CALL: Members Present Absent Chairman Stephanie Irwin X Vice Chairman Tim Williams X Jim Betts X Gretchen Forbeck X Brian Gilbert X Georgia Dysterheft X Richard Smith X STAFF PRESENT: Paul Esparza, Community Development Director and Jessica Covey, Staff Assistant. DISCUSSION: On behalf of the entire Commission, Georgia Dysterheft thanked Jim Betts and Gretchen Forbeck for their service as Chair and Vice Chair of the Commission. It was stated there were minor corrections necessary on the Regular Meeting Minutes held August 16, 2005. Page 2, item 6: Jim Murphy should be John Murphy and Mr. Allen should be Mr. Jasinski. Page 4, item 9, line 4 should read “between the PUD and the Navajo Lane properties.” The second paragraph should read, “had talked to the Town Attorney…”. Page 8, line 7: as should be and; Page 9, line 27 should read, “code and he…”; Page 10, second paragraph, line 10, as should be and; and line 24, changes should be changed. There were no other corrections. Paul Esparza began his Staff Report and stated there was an ...

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• Publié par: Zuwyor
• Nombre de lectures: 17
• Langue: English

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(These minutes are subject to correction and/or approval on September 20th, 2005.)

MINUTES OF THE WORK SESSION OF THE PLANNING AND ZONING

COMMISSION OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA HELD

TUESDAY, SEPTEMBER 6

TH

, 2005, AT 6:15 P.M. IN THE COUNCIL CHAMBERS.

Chairman Irwin called the Work Session to order at 6:15 p.m. Roll call was taken and a

quorum was present.

ROLL CALL:

Members

Present

Absent

Chairman

Stephanie Irwin

X

Vice Chairman Tim Williams

X

Jim Betts

X

Gretchen Forbeck

X

Brian Gilbert

X

Georgia Dysterheft

X

Richard Smith

X

STAFF PRESENT:

Paul Esparza, Community Development Director and Jessica Covey, Staff Assistant.

DISCUSSION:

On behalf of the entire Commission, Georgia Dysterheft thanked Jim Betts and Gretchen

Forbeck for their service as Chair and Vice Chair of the Commission.

It was stated there

were minor corrections necessary on the Regular Meeting Minutes held August 16, 2005.

Page 2, item 6:

Jim Murphy should be John Murphy and Mr. Allen should be Mr. Jasinski.

Page 4, item 9, line 4 should read “between the PUD and

the

Navajo Lane

properties

.” The

second paragraph should read, “had talked to

the

Town Attorney…”. Page 8, line 7:

as

should be

and

; Page 9, line 27 should read, “code

and

he…”; Page 10, second paragraph, line

10,

as

should be

and

; and line 24,

changes

should be

changed.

There were no other

corrections.

Paul Esparza began his Staff Report and stated there was an Arizona Planning

Association Conference in Prescott at the end of the month and he encouraged the

Commissioners to attend.

He said Brian Gilbert would be speaking at the Conference.

Mr.

Esparza said he had received a letter from the Town Attorney regarding the PUD changes

and asked the Commission if now would be an appropriate time to discuss the letter.

The

Commissioners asked Mr. Esparza to continue.

Mr. Esparza said Mr. Barker had raised

several concerns about the existing language in the PUD.

Mr. Esparza said any items that

were not mentioned in the letter did not concern Mr. Barker.

Mr. Esparza said Mr. Barker is

officially directing Staff to change the PUD language.

However, Mr. Esparza told the

Commission that Jack Barker did not advise the Staff or Commissioners to stop the PUD

zone change process; he simply said there was an error that needed to be corrected. Mr.

1

Esparza expressed concern about the upcoming agenda item, which involves a zone change

from R-Low to PUD.

Mr. Esparza said there were several PUD projects currently in the

pipeline that would be affected by any text amendments.

Mr. Esparza said any previously

approved zone changes would not be under challenge.

Commissioner Brian Gilbert stated he

had reviewed Mr. Barker’s letter and did not find a clear directive from the attorney.

Commissioner Gilbert stated he did not consider the letter adequate counsel to make PUD

zone change decisions.

Commissioner Gilbert emphasized this was his sole opinion and he

thought a more definitive answer from counsel was vital.

Commissioner James Betts stated

he agreed with Commissioner Gilbert, but not as much as to legal counsel as to the ambiguity

in the language of the PUD.

Chairman Betts said he could not agree to approve any PUD

zone changes or plans until the language was clarified.

Chairman Betts stated he believed

there were too many legal issues at risk while the situation remains unresolved.

Commissioner Dysterheft stated her agreement with Commissioner Betts.

For objectivity,

Commissioner Forbeck supposed a differing position.

She said if approved tonight, a PUD

zone change would still be required to go through Council before coming back with any type

of Preliminary Plat.

Commissioner Forbeck suggested it could be another thirty days before

the applicant even started significant planning, and by that time, the PUD changes would be

clarified.

Commissioner Forbeck stated the language of the PUD is at question, not the

intent.

Therefore, any approvals for zone change would not be at risk because of the future

text amendments. Commissioner Forbeck said this would allow the applicant to continue the

process without undue delay.

Mr. Esparza said during the initial phase of a zone change, a

conceptual plan is submitted to show the Commission and Council that there is merit to

justify a change to PUD.

Mr. Esparza said there are a few, indisputable projects that require

a PUD zone change.

For example, condominiums can only be built in a PUD zone.

Mr.

Esparza said those situations would not change under the future text amendments.

Mr.

Esparza said he still did not feel comfortable entertaining any further PUD changes until

Staff is clear on the legal issues and the PUD language.

Chairman Irwin asked Staff to

continue this discussion during the Regular Meeting.

The Work Session ended at 6:30 p.m.

CERTIFICATION:

I hereby certify that the foregoing minutes are a true and correct copy of the Minutes of the

Work Session of the Planning & Zoning Commission of the Town of Pinetop-Lakeside,

Arizona, held on the 6th day of September 2005.

I further certify that the meeting was duly

called and held and that a quorum was present.

Dated this 14th day of September 2005.

PINETOP-LAKESIDE PLANNING & ZONING COMMISSION

/s/ Jessica Covey, Community Development, Staff Assistant

Approved by:

/s/ Chairman Stephanie Irwin

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