(These minutes are subject to correction and or approval on May 6, 2003)

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(These minutes are subject to correction and/or approval on May 3, 2005) MINUTES OF THE WORK SESSION OF THE PLANNING AND ZONING COMMISSION OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, HELD TUESDAY, APRIL 19, 2005, AT 6:15 P.M. IN THE COUNCIL CHAMBERS. 1. CALL TO ORDER AND ASCERTAIN QUORUM Chairman Betts called the work session to order at 6:15 p.m. Planning and Zoning Commission Members Present: Chairman Jim Betts, Vice Chairman Gretchen Forbeck, Luke Smith, Stephanie Irwin, Tim Williams (arrived at 6:20 p.m.), Brian Gilbert, and Georgia Dysterheft mission Members Absent: none Community Development Staff Present: Paul Esparza, Community Development Director; Jason Crampton, Planner; Peggy Opp, Recording Secretary 2. DISCUSSION Vice Chairman Forbeck suggested that Community Development check to see if there is anything to be submitted for an award at the Planning Conference. Chairman Betts stated that the word “asked” should be inserted in the first paragraph on the last page of the Regular Meeting Minutes. It should read “Chairman Betts asked if the developers had done their due diligence . . . “ Mr. Crampton stated that the Mountainside Ordinance is being revised per the Council request. Mr. Esparza mentioned that the percentage of slope was changed from 10% to 15%. Also, an application form would be developed. Discussion was held on some of the changes to be made to the ordinance. Mr. Esparza stated that the PUD on ...

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• Publié par: Usle
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(These minutes are subject to correction and/or approval on May 3, 2005)

MINUTES OF THE WORK SESSION OF THE PLANNING AND ZONING COMMISSION OF

THE TOWN OF PINETOP-LAKESIDE, ARIZONA, HELD TUESDAY, APRIL 19, 2005, AT 6:15

P.M. IN THE COUNCIL CHAMBERS.

1.

CALL TO ORDER AND ASCERTAIN QUORUM

Chairman Betts called the work session to order at 6:15 p.m.

Planning and Zoning Commission Members Present: Chairman Jim Betts, Vice Chairman

Gretchen Forbeck, Luke Smith, Stephanie Irwin, Tim Williams (arrived at 6:20 p.m.), Brian

Gilbert, and Georgia Dysterheft

Planning and Zoning Commission Members Absent: none

Community Development Staff Present: Paul Esparza, Community Development Director;

Jason Crampton, Planner; Peggy Opp, Recording Secretary

2.

DISCUSSION

Vice Chairman Forbeck suggested that Community Development check to see if there is

anything to be submitted for an award at the Planning Conference.

Chairman Betts stated that the word

“asked”

should be inserted in the first paragraph on the last

page of the Regular Meeting Minutes. It should read “Chairman Betts

asked

if the developers

had done their due diligence . . . “

Mr. Crampton stated that the Mountainside Ordinance is being revised per the Council request.

Mr. Esparza mentioned that the percentage of slope was changed from 10% to 15%. Also, an

application form would be developed. Discussion was held on some of the changes to be made

to the ordinance.

Mr. Esparza stated that the PUD on Yeager Lane would be going before the Council on

Thursday night. Discussion was held concerning the roads in the area.

Mr. Esparza stated that they have been requested to look into impact fees and how to go about

adopting the fees.

Sign regulations should be coming before the P&Z in the next couple of meetings. The Sign

Committee is proposing to allow portable signs for basically any business in Town. It was

agreed that the Commission would like to review the suggested changes, make their

recommendations, and then have the Sign Committee go through it again.

Mr. Crampton is looking into developing landscape regulations and perhaps including a native

plant list.

Mr. Esparza asked if the Commission wanted to amend the parking regulations to include a

maximum number of spaces and it was agreed that would be a good idea.

3.

ADJOURNMENT

The Work Session was adjourned at 6:30 p.m.

/s/ Chairman Jim Betts

MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING

COMMISSION OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, HELD

TUESDAY, APRIL 19, 2005, AT 6:30 P.M. IN THE COUNCIL CHAMBERS.

1.

CALL TO ORDER TO ASCERTAIN QUORUM

Chairman Betts called the meeting to order at 6:30 p.m.

Planning and Zoning Commission Members Present: Chairman Jim Betts, Vice Chairman

Gretchen Forbeck, Luke Smith, Stephanie Irwin, Tim Williams, Brian Gilbert, and Georgia

Dysterheft

Planning and Zoning Commission Members Absent: None

Community Development Staff Present: Paul Esparza, Community Development Director;

Jason Crampton, Planner; Peggy Opp, Recording Secretary

2.

PLEDGE OF ALLEGIANCE

3.

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE WORK

SESSION AND MEETING HELD APRIL 5, 2005.

Vice Chairman Forbeck moved to approve the Minutes of the Work Session and Meeting held

April 5, 2005, with the correction mentioned in the Work Session. Commissioner Gilbert

seconded the motion and it carried unanimously.

4.

PUBLIC PARTICIPATION

ACTION TAKEN AS A RESULT OF PUBLIC COMMENT IS LIMITED TO DIRECTING STAFF

TO STUDY THE MATTER AND RESCHEDULE FOR FURTHER CONSIDERATION AT A

LATER DATE. COMMISSION MAY PROVIDE LIMITED RESPONSE TO ITEMS THAT ARE

NOT ON THE AGENDA. INDIVIDUALS ARE LIMITED TO THREE (3) MINUTES FOR

PRESENTATION.

Ms. Barbara Teague stated she was interested in the site plan approval process, and mentioned

that the Circle K in Pinetop fits in with White Mountain Blvd. because of all the trees that were

left, how the building is situated, and the parking. In contrast, the Dollar General Store (which

has the same type of zoning as Circle K) on White Mountain Blvd. did not save many trees. The

site plan approval process is crucial and she heard tonight where the P&Z Commission did not

have any control in the amount of parking that was there. Ms. Teague asked if the Commission

could have stated that they had too many parking spaces and she was told that the Commission

had requested fewer parking spaces, but were told by the Town Attorney that that was illegal

because a maximum number of parking spaces is not stated in the ordinance.

5.

DISCUSSION/CONSIDERATION/ACTION

RE: SPR 03-185

Consideration and action on a site plan amendment for a new 26,000 square foot

theater with a 7,677 square foot restaurant/office pad and a 7,833 square foot

retail/restaurant/office pad to be located at 1501 W. White Mountain Boulevard.

APN(s) 212-30-028B and 212-30-028C. The applicant is Pinetop Entertainment

Investments LLC.

Mr. Esparza presented the history of the project and explained that Mr. Croney is presenting an

updated plan that includes a few changes from the original plan. Discussion was held concerning

the parking requirements, which are slightly short..

Mr. Croney explained that they are trying to create a village-type area where people can go, park

their cars, go eat, go shopping, and/or to a movie without having to get in their cars and drive

from one place to another. Mr. Croney showed the color scheme for the theater and explained

that the way it is designed, it will be virtually unseen from Highway 260.

Commissioner Smith moved to approve the site plan amendment for a new 26,000 square foot

theater with a 7,677 square foot restaurant/office pad and a 7,833 square foot

retail/restaurant/office pad to be located at 1501 W. White Mountain Blvd. Commissioner

Dysterheft seconded the motion and it carried unanimously.

6.

DISCUSSION/CONSIDERATION/ACTION

RE: S-44-05

Consideration and action on a request for a subdivision of a 1-acre parcel located on

the northeast corner of Pinecrest Lane and Cottontail Lane. APN 211-27-036B.

The proposed subdivision would incorporate three residential lots and one

commercial lot. The project name is the Cottages at Pinecrest. The applicant is

Arthur A.L. Aschauer Trust.

Commissioner Irwin recused herself.

Mr. Esparza presented the Staff Report and stated that the tentative plat as submitted for The

Cottages at Pinecrest has been reviewed for compliance with the tentative plat requirements.

Staff recommends approval of the tentative plat including the following stipulations:

•

Any required improvement plans are submitted and approved prior to final plat

recommendation.

•

A drainage report in compliance with the Town drainage policy will be required for the

commercial lot at site plan review.

•

All requirements of the Pinetop Fire District are met.

•

Any proposed deed restrictions are completed by final plat submittal.

Chairman Betts asked what is currently allowed on that property and Mr. Esparza explained that

as it is zoned, it could be up to 20 units on the acre lot.

Mr. Aschauer presented the history of the parcel and how he came to propose the subdivision.

Mr. Aschauer had previously considered building a 16-unit apartment building on the site and

may still go with that plan if the proposal for a four-parcel subdivision does not pass.

Wolfgang Dubberke, 621 S. Cottontail Lane, expressed his concerns with the proposed

subdivision, including his belief that the property may have been zoned incorrectly in the past

and that there should be a buffer zone. The Commissioners stated that the buffer zone is only

required in a PUD. He also stated that offsite improvements would have to be done by the

developer, including the adjoining streets. Mr. Dubberke stated that he was not against

developing anything, but he thinks it should be done per the Town Code.

Chairman Betts stated that he was sure that staff would insure that Mr. Aschauer would abide by

the subdivision regulations. Further, Mr. Aschauer has been very accommodating to the

residents regarding the various plans. Chairman Betts also stated that the Town is the “victim”

of the zoning that was inherited from the County when Pinetop-Lakeside incorporated. That

property was and is zoned commercial and the Town cannot just change the zoning.

Discussion was held concerning a letter from an attorney that Mr. Dubberke and some of the

other residents had hired. Mr. Esparza stated that the attorney had sent a letter to Jack Barker

and he had not even spoken to Mr. Barker until today. Mr. Esparza distributed copies of the

letter. Mr. Barker told Mr. Esparza that the parcel was zoned commercial when the Town was

incorporated and the Town will honor that zoning. Vice Chairman Forbeck stated that the

existing zoning actually is quoting what it says in the voter adopted General Plan, which is

Neighborhood Commercial. Further discussion was held and Chairman Betts stated that they

were getting off the subject at hand and into legal issues that are out of the Commission’s venue.

Mike Walgurski, 664 S. Cottontail Lane, stated that what Mr. Aschauer is trying to do with the

property is break them down into smaller pieces and sell them as individual residences, which

does not conform to the neighborhood standards of one residence per half acre and the required

setbacks. Mr. Walgurski stated that he realizes that up to 20 units can be put there, but if he

wants to sell them off as individual residences, then he should conform to the neighborhood

standard of one residence to one half acre. Chairman Betts responded that Mr. Aschauer could

do just about anything he wants to do with the piece of property the way it is zoned. Further,

Chairman Betts stated that he likes this concept a lot better than what could possibly be put on

the property. Commissioner Gilbert stated that there is some confusion regarding the minimum

standard and everyone needs to understand what the zoning allows. Mr. Esparza stated the

minimum lot size is 6,000 square feet in C-1 zoning.

Mr. Walgurski stated that Mr. Aschauer’s building designs do not fit with the neighborhood.

They are not in harmony with the mountain type atmosphere in his opinion. He is also

concerned with all the garbage and stuff surrounding Mr. Aschauer’s other buildings around the

area. Not only will there be a density change in the neighborhood, but there will be tons of

construction, debris, and people moving in and out of there with no respect for the neighborhood.

Mr. Walgurski passed around pictures of Mr. Aschauer’s other developments.

Chairman Betts stated that the Commission was controlled by the codes. Mr. Aschauer could put

up a little box as long as it conforms to the Town codes.

Bev Garcia, 515 S. Cottontail Lane, expressed her concern that Pinecrest, which is very steep,

will be very dangerous, especially during winter. There will be an awful lot of traffic generated

by the three residences and a commercial property. People will not be able to turn either way on

Cottontail. Parking is also a problem, along with drainage. Ms. Garcia stated that there are

definite drainage problems in the area. Chairman Betts assured Ms. Garcia that no matter what is

built on the property, it will be reviewed by the Town Engineer, the Fire Department, and by

others before anything can be done.

Vita Walgurski, 664 S. Cottontail, stated that she wanted to reiterate what Mrs. Garcia said and

add a few more things about the road. Number one is that it is a “blind” road. Lots of people

walk their dogs, ride their bikes, and she have three little kids, but if you are going down that

road and you top out at the back of Dollar General, you cannot see if there are cars coming or

going. People will have trouble getting up and down the hill in the winter (not even the school

buses can get up or down when it is icy). The street dead-ends at a “T” and if someone is trying

to go into one of the properties, they are going to get rear-ended. Parking on the street will add

to the problem. The width is only large enough for one large vehicle at a time. It would need to

be widened and the grade of the road would have to be lessened.

Mr. Aschauer stated that the two houses in the pictures that were distributed are on Woodland

Road and they are currently under construction, which is why there is debris. The plat for the

apartments (if he decides to build apartments) shows the entrance into the parking lot that would

be along the Dollar General site. If he does the houses, the hill will affect two of them and will

have to be taken into consideration.

Chairman Betts stated that he was in favor of the PUD because he thought it was the best use for

that area in regards of what it could get, and he likes this plan better than what could happen on

that piece of property.

Commissioner Williams moved to approve S-44-05, a request for a subdivision of a 1-acre parcel

located on the northeast corner of Pinecrest Lane and Cottontail Lane, incorporating three

residential lots and one commercial lot, with Staff recommendations. Vice Chairman Forbeck

seconded the motion and it carried with five in favor and Commissioner Smith voting against.

7.

STAFF REPORT

Mr. Esparza stated that the Subdivision Committee meets with Loras Rauch on April 27, at 2:00

p.m.

Updates were given on the Woodland Road work, hiring an enforcement officer, and the

property on Highway 260 and Lakeview Lane (where Dean Allen has put up signs).

8.

ADJOURNMENT

Vice Chairman moved to adjourn at 7:50 p.m. Commissioner Irwin seconded the motion and it

carried unanimously.

/s/ Chairman Jim Betts

CERTIFICATION:

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

Regular Meeting of the Planning & Zoning Commission of the Town of Pinetop-Lakeside,

Arizona, held on the 19

th

day of April 2005. I further certify that the meeting was duly called

and held and that a quorum was present.

DATED the 21

st

day of April 2005.

/s/ Peggy Opp, Recording Secretary