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

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

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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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(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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