COCHISE COUNTY PLANNING & ZONING COMMISSION
MINUTES
June 14, 2006
The regular meeting
of the Cochise County
Members Present
|
Staff Present
|
|
Jim Martzke, Chairman |
Judy Anderson,
Planning Director |
|
Dave Guy |
Mark Apel, Planning Manager |
Dave Walters
|
Ron Durgin, Building Official |
Gilbert Reeves
|
James Vlahovich, Deputy county Administrator |
|
Don Hudgins |
Britt Dveris, Planner II |
|
Duane Brofer |
Michael Turisk, Planner I |
|
|
Dick Schaffer, Transportation
Planner |
|
|
Debra Meyer, Recording Secretary |
|
|
Britt Hanson, Deputy County
Attorney |
|
Absent |
|
Karen Corey
|
Others Present |
Danny Ortega
|
(see attached list) |
Lee Basnar
|
|
Chairman Martzke
noted the presence of a quorum. He then introduced the Commissioners to the
public. Chairman Martzke explained to the audience the procedures for
considering a docket.
A motion was made by
Commissioner Reeves to approve the minutes of the May 10, 2006 regular
meeting. It was seconded by Commissioner
Brofer. Vote 6-0 to approve.
Chairman Martzke opened the meeting to the public.
Helen Jackson stated she is concerned about the increasing
development and the lack of water. She
further stated that she feels there should be a moratorium on new construction
of subdivisions until
Chairman Martzke closed the meeting to the public.
NEW BUSINESS
Deputy County Attorney Britt Hansen explained to the Commission about allowing exemptions for requiring building permits under the state statutes. He further explained how the two state statutes differ, and what is required under each one.
Commissioner Guy stated he feels the threshold for when a permit is required should be $5000.00.
Chairman Martzke asked if repairs of a like type could be exempt.
Mr. Hanson stated that under state statue it could be exempt, but Building Code would then be the issue.
Building Official Ron Durgin stated that building codes aren’t governed by dollar figures; it is a life safety issue.
Commissioner Reeves asked about repairs and improvements, a deck would cost more then $1000.00.
Mr. Durgin explained that a deck would not be an issue unless it was 30” or higher.
Chairman Martzke stated that the Commission felt that there needs to be changes in the requirement for building permits for repairs of like items and requested a work-session to further discuss this issue.
Not a Public Hearing Docket S-04-04: Planning Manager Mark Apel presented the
docket for Covey Run Minor Expedited Subdivision Combined Plat - a 26 lot
subdivision located in
Rob Lewis, Applicant, stated that the minor
subdivision process was a pleasure to go through. He further stated that the subdivision will
be a nice subdivision, and they recognize the water issues and will be requiring
grey water systems on the homes they build. He said they are only allowing 10%
of the lot to be disturbed to allow the wildlife to be as undisturbed as
possible.
Mr. Apel stated the staff recommends
forwarding a recommendation of approval to the Board of Supervisors for
approval.
Mr. Guy stated that he could not support the
subdivision due to the lack of water in the area.
Mr. Apel stated that he had received a report
from the Arizona Department of Water Resources dated November 14, 2005 shows the
current water level to be at 88’ and that the estimated 100 year depth after
100 years of the development being there would be 88’ to 108’.
Chairman Martzke entertained
a motion, Commissioner Hudgins made a motion to forward a recommendation of
approval to the Board of Supervisors for approval, Commissioner Walters seconded.
Vote 5-1 to forward a recommendation of approval to the Board of
Supervisors. Commissioner Guy opposed.
Public
Hearing, CP-05-03 Tres Alamos Area
Plan—Proposal for Adoption. Planning director
Judy Anderson presented the docket for the Tres Alamos Area Plan proposed as an
element of the County’s Comprehensive Plan (Comp Plan). The Plan consists of amendments to the
Comprehensive Plan land use map, a Vision Statement, and 5 policies. The Area Plan is generally bounded by the
Redington / San Pedro natural resource conservation district boundary to the
north, the
Chairman Martzke opened the meeting to the public.
David
Jacobs, State Attorney General’s Office, stated that the State objects to their
land being involved in the plan.
Tom
Bousman stated he and his wife moved to the area for the rural lifestyle and he
supports the plan.
Rose
Fenn stated the area doesn’t want to lose the rural pastoral area it has always
been; she further stated that she supports the plan.
Miller
Adams stated that he supports the plan because he enjoys the rural lifestyle.
Paula
Tyler stated she was asked to speak for the group, she stated that the plan is
not as stringent as she would have liked to see it. She further stated that this plan reflects
how the people who live there want to see the future.
Mahlon
MacKenzie stated that he is a third generation rancher and does not want his
property involved in the plan.
Shannon
Kizer stated that his family owns about 3600 acres in the middle of the plan
and they oppose the plan.
John
Whiteside stated that he is in favor of the plan, and asked the Commission to
support the plan.
Britt
Hanson stated that his interpretation of State statutes is that the Commission
has the power to amend the Comprehensive plan and area plans to include the
State trust land.
Chairman
Martzke closed the meeting to the public.
Mrs.
Anderson stated that staff recommends forwarding a recommendation of approval
to the Board of Supervisors.
Chairman
Martzke entertained a motion.
Commissioner
Guy stated that the state lands should not be excluded.
Commissioner
Reeves made a motion to forward a recommendation of approval to the Board of
Supervisors as written, Commissioner Walters seconded. Vote 5-1 Chairman Martzke was opposed.
Public Hearing, Docket SU-06-05 (Jost): Planner Michael Turisk presented the docket
for an application for a Special Use Permit in an RU-4 District to allow ‘Care
for the Horses,’ an equine rescue and adoption organization based in Sierra
Vista, to house and care for neglected and abused horses for eventual adoption,
pursuant to §607.03 (Welfare and Charitable Services) and §607.06 (Animal
Hospitals, Veterinary Clinics and Animal Husbandry Services) of the County
Zoning Regulations. The applicant seeks
to house up to 10 horses; however, on average, 2-4 horses will be present at
any given time. The 4 acre parcel is
currently vacant, therefore, construction of 10, 40’x100’ runs, 5, 12’ high
shade shelters, 1, 24’x28’ hay storage facility, 1, 80’x100’ arena and 1,
5’x60’ round pen is proposed.
Ann Jost, Applicant,
stated she has received permission from the neighbors to use their fence as
boundary.
Chairman Martzke opened
the meeting to the public, being no one wishing to speak; he closed the meeting
to the public.
Mr. Turisk stated that
staff recommends approval with the conditions and modification presented in the
memorandum.
Chairman Martzke entertained a motion.
Commission
Brofer made a motion to approve the Special Use permit with the conditions
stated by staff and make condition 5 more general, and to allow the modification
for the setbacks. Commissioner Reeves seconded. Vote 6-0 to approve.
Public Hearing Docket No: SU-06-07: Planner Michael Turisk presented the docket
for an application for a Special Use Permit in an RU- 4 District to allow for a 250’x 5500’private
airstrip, pursuant to §607.14 (Airports and flying fields, including private
airstrips) of the County Zoning Regulations.
The applicant ultimately seeks to develop a 113 residential lot airpark
(‘Air Park One’) to be completed in phases, with Phase I to include the
aforementioned airstrip, construction of 113, 50’ x 45’ hangars to service
homeowners within the proposed subdivision, and a fueling and maintenance area,
including a 5000 square-foot aircraft maintenance facility, 50’ wide aircraft
access and a 24’ vehicular access drive with 11 parking spaces. Per the applicant, air traffic is estimated
to be 40-50 small aircraft per day. The
520 acre parcel is currently vacant, and is located in San Simon, just south and
north of
Commissioner Walters
stated that the military does not own the airspace, so therefore he feels he
does not feel the military flight paths should be used as an objection. He further stated he feels it would be an
asset for the area.
Christopher Thomas, Representative for Applicant,
stated that many questions they had received were about the subdivision which
would be determined once the Special use was approved. He further stated that the plan is strictly conceptual;
they would like to interface with the community to be good neighbors.
Chairman Martzke opened the meeting to the public.
David Jacobs, Attorney General’s Office, feels the
proposal would have a negative impact on the adjacent State land.
Larry Gates stated the area is unique and feels an
airpark would ruin the peaceful area.
Hedley Bond stated he is opposed to the
proposal. He further stated that this
airpark cannot be compared to an airpark in a metropolitan area due to the fact
that the nearest supermarket is 50 miles away.
Peter Grill stated he owns a ranch near the proposed
airpark, and feels the noise will upset his cattle. He further stated he is opposed to the
proposal.
Christopher Hellen stated he is opposed to the
proposal, and feels once the airpark is constructed the subdivision won’t be
built then will bring in an undesirable element.
Julie Gonzales stated she had made an effort to get
the answers to her questions. She said
she spent hours talking to the applicant and he was very patient and answered
all of her questions. She felt the
proposal would be an asset to the area, and she supports the proposal.
Sherry Moody stated she strongly supports the
proposal. She further stated that the
airplanes would not be flying into the mountains, and feels the impact will be
on San Simon and it will be a positive impact.
Pati Fickett read a letter from the San Simon Valley
Enhancement Group stating that they were in support of the proposal. She further stated that she strongly supports
the proposal.
Robert Fickett stated he is a pilot and that he
supports the proposal. He further stated
that he feels it would be good economically for San Simon.
Teresa Gates stated she is opposed to the proposal.
Jeanne Williams asked where the emergency services
are going to come from for the new development.
She feels the developer should be responsible for taking care of the
emergency services.
Jacob Ward stated he leases the property east of the
proposal. He further stated that he has
concerns about how he will be impacted by the development.
Lynne Taylor stated she is concerned by the noise and
interfering with the natural history of the area.
Camilla Alexander stated she is opposed to the
proposal and is concerned about the airplanes interfering with the dark skies.
Frances Grill stated she lives near the proposal and
stated she doesn’t believe the proposal will provide jobs for San Simon.
Christopher Thomas stated he was happy to hear the
concerns of the residents and would like to address all of the concerns, he
stated he would like to sit down with everyone and find a middle ground.
Mr. Turisk stated that staff recommends denial;
however staff would like to ask the Commission to consider tabling the docket
for a period of two months to give the applicant time to iron out some of the
issues with the community.
Commissioner Walters asked the applicant if he would
like to do that.
Mr. Thomas stated he would.
Chairman Martzke entertained a motion.
Commissioner Walters made a motion to table the
docket until the regular scheduled meeting on August 9, 2006 to give the
applicant time to work things out with the residents. Commissioner Brofer seconded. Vote 6-0 to table.
Public Hearing, Docket Z-06-07: Planner Britt Dveris presented the docket for an application to rezone a total of 44 acres in the Babocamari Plan
area from RU-4 (Rural, minimum lot size four acres) to TR-36
(Transitional-Residential, minimum lot size 36,000 square feet) for purposes of
establishing two residential subdivisions with a total 44 dwelling units. The application includes two subject parcels, both
of which are situated within the
Category B growth area and designated Low-Density Residential-1. The two
subject parcels are owned by two applicants,
both of whom are represented by Jim Huff. The breakdown of the subject parcels is as follows:
Nye – Parcel 106-15-021D,
36 acres/36 lots
Neal – Parcel 106-15-021P,
8 acres/8 lots
The subject parcels are located east of SR 90 and south of Coronado Estates
in Whetstone. Access to the development from SR 90 is proposed from the
already-constructed
Jim Huff, applicant, explained the water companies
rates and the water consumption rate and the difference from the water budgets
that were originally proposed and approved.
Chairman Martzke opened the meeting to the public,
being no one wishing to speak; he closed the meeting to the public.
Mr. Dveris stated that
staff recommends forwarding a recommendation of approval to the Board of
Supervisors for approval. Chairman Martzke entertained
a motion.
Commissioner Reeves made a motion to forward a recommendation of
approval to the Board of Supervisors with the conditions stated in the packet,
Commissioner Brofer seconded. Vote 5-2
to forward a recommendation of approval to the Board. Commissioners Guy and Walters were opposed.
Public Hearing, Docket R-06-05: Planner Britt Dveris presented the docket for a request to amend Section 706.14 and Section 1813.07 of the Cochise
County Zoning Regulations to eliminate the maximum height of 30 feet for
wireless communication facilities as a special use in TR
(Transitional-Residential) zoning districts. The proposed amendment would apply
county-wide. Specific heights will be analyzed on a case-by-case basis using
evaluation factors that determine the suitability of a particular site for
proposed wireless communication facilities special uses.
Chairman Martzke opened
the meeting to the public, being no one wishing to speak; he closed the meeting
to the public.
Mr. Dveris stated that
staff recommends forwarding a recommendation of approval to the Board of
Supervisors for approval.
Chairman Martzke
entertained a motion.
Commissioner Walters
made a motion to forward a recommendation of approval to the Board of
Supervisors for approval. Vote 6-0 to
forward a recommendation of approval.
PLANNING DIRECTOR'S
REPORT
1.) Board of
Supervisor's actions: the rural residential Owner Builder Code was passed, the
regulation change to allow research and testing in RU zoning districts was
passed, the Babocamari rezonings passed, and the two special uses for Supplee,
and Raytheon were appealed.
2.) Next Month there will be three dockets.
3.) Ms. Anderson explained
that although there had been a previous work session for temporary use permits
that recommended the special use process for temporary uses greater than 7 days
within a 30 day period, upon further consideration it appeared that this
process was already applicable for most such temporary uses and she asked the
Commission for any other ideas that might make the issuance of such temporary
use permits more efficient and timely.
4.) There will be a
work session next month at 4:00 p.m. before the regular Commission meeting for
open meeting laws and Roberts Rules of Order.
CALL
TO COMMISSIONERS
Chairman Martzke stated that the Commission is requesting a
work session to discuss the fees and or revision of the fee schedule for
repairs and maintenance, maybe before the August meeting.
Commissioner Walters stated that
Chairman Martzke stated that he had spoken to the Board of
Supervisors about having a second meeting if there are a lot of dockets.
Commissioner Guy made a motion to adjourn, Commissioner Reeves
seconded. Meeting Adjourned at 9:16 p.m.
ADJOURNMENT