Planning & Zoning Commission - Regular Meeting

I now call to order the City of Cottonwood Planning and Zoning Commission regular meeting Monday, January 2020. 26 at 6 p.m. Roll call, please. Commissioner Kennedy, here. Commissioner Camella, present. Commissioner Glascott, Commissioner Helman here, Vice Chairman Rothrock here. And Chairwoman Masten,

present. Thank you. You're welcome. Our first order of business this evening is to approve the minutes for the meeting held Monday, December 15, 2025. Do any of the commissioners present have any corrections or additions to the minutes? I don't see any movement. So, I'm assuming there are none. I move to approve the December 15, 2025 minutes. Do I have a second? Second. Thank you very much. All in favor? I I unanimously carried. Our next order of business areformational reports and updates from staff.

Thank you and good evening. I believe some of you have been made aware that we will have a returning commissioner at the next meeting. Commissioner Garrison, who has served on the planning commission, was interviewed and sworn in at the last council meeting. So, he'll be rejoining the commission. I also wanted to make sure everybody saw a packet that was at their station there. Those are revised plans for item one and two, which could not be uh ready in time to go into the packet. So, please take a look at those when you get a moment. And other than that, just hoping everybody's enjoying the new year and it's our first meeting of 2026.

Huzzah.

Thank you very much. Now, we have call to the public. If there's anyone from the public who would like to address the commission on any planning and zoning related item this evening, which is not on tonight's agenda, um you must fill out one of the forms. I do have some forms here. Um if anyone else wants to add, there are forms right back there by the door and speakers are granted 3 minutes each. It looks like one of these forms is regarding a item that is on the agenda. So, at that time, Mr. Bacas, um, I will invite public comment. Do you have I hope I'm pronouncing your name correctly. Uh, do you have, uh, anything that's not on the agenda this evening that you wanted to speak to?

Okay, I will invite you forward at that point. And then we have a Dylan Marshall. Yes, ma'am. Mr. Marshall, I it looks like your item might also be related to an agenda item or is it separate? I can't tell quite. I would say it is related to it even though I didn't directly say I was going to talk around the issue without referring to the Okay. Would you like to talk around it or would you like to talk to it directly at that time? Well, if I can talk to it directly, that certainly would be Okay. We will also delay you until that agenda item is up.

All right. Thank you. Uh, is there anyone else who would like to come forward for call to the public? I don't see anyone coming forward, so I am now closing call to the public. We have six items of new business tonight and we will do our best to move through them efficiently. The first is DR-25-020 consideration of design review approval for NAHVMC oncology center.

Thank you, Madame Chair, Commission. I'm Tina Hayden, senior planner with community development, presenting on design review 250020 for the Northern Arizona Healthcare Verie Valley Medical Center Oncology Center. The request tonight is approval of DR2502, which is a new which proposes a new 30,000 square foot oncology building along with approval of screening heights greater than 6 ft. Uh we ask that you consider the applicant submitt the staff report with recommended stipulations uh of which I do h I believe this one I may have some modified stipulations which if I do I will read those into the record and then the staff recommended findings regarding those screening heights. Some details on the property. Uh first on the right we do have our locator map here. Uh you can see in the red here this is zone C1 light commercial. You can see the existing hospital and some existing medical office buildings. The project site is in this general area uh just northeast of 89A. Uh there is P A zoning to the north and west which is additional medical office facilities. And then to the south there is this area here MH zone for manufactured housing. and then C2 which is heavy commercial development over here. So this is in the C1 zoned area. There is a little bit of P A zoning here which is negligible. I believe it's just for the monument signage. Uh property is 31.4 acres approximately. Parking has been determined sufficient for the new and existing development. I think they're required to have about 670

stalls. uh architect has provided an analysis of 700 plus stalls. The overall gross floor area is 30,000 square ft. It should be 15,000 square ft on the first floor and another 15,000 approximate on the second floor. Uh there's a host of uh amenities that they are going to be providing in the building. Then drawing attention to the screening for the rooftop screening they are proposing 10 ft in height and then for the service area screening they're proposing approximately 9 ft in height. It's a little less than that. Um there the for the walking trail on site they are going to be pro um providing enhancements at the end of the project. I have been told that there will be a temporary walking trail during construction. I'll leave it to the applicant to confirm that. And just looking at the submitts that they did provide. This is the site plan. Uh the building mass is here. This is 89A. You have your north arrow parking lot in this area. And then this is that existing medical office building and their service area. This is where that uh 9 foot tall screening would go to block off that service area. A landscape plan gives us a much better look at what the site will look like. Uh this is the first floor portion of the building and then this cutout here is the second floor portion. That's the outline for that. uh applicant does indicate uh substantial landscaping uh along the 15 foot landscape yard along 89A and then building area landscaping as well as the required parking lot landscaping.

We have some nice renderings here. So this is a bird's eyee view uh from over 89A. We're looking northward here. So you can see the existing hospital, existing medical office buildings there, and then the project site here on that southwestern portion of the parcel. The walking trail here will line up right here with a healing garden and access to the building. Applicant has provided elevations which the max building height is 35 ft. However, that screening wall that you see is 10 ft tall and will go to the 40ft mark. Uh there is a provision in the zoning ordinance which I did indicate in the staff report that allows for non-habitable structures on rooftops to exceed 10 ft past the allowed height. Uh this would only exceed the allowed height of 35 ft x 5 ft. So we're looking at the elevations. This is the south elevation. Our backs are to 89A here. Looking toward north towards the hospital on the top one here. The west elevation on the bottom. We have our east elevation here and our north elevation where we're looking towards 898. They also provided some street side views. So the these are both as viewed from 89A one looking northwest and then another southeast elevation. Another closeup of the rendering here. Bird's eye view. Some key spaces that they wanted to call

out. Uh the rooftop healing garden. uh patient infusion bays uh offering wonderful views on 89A three the visitor staff healing garden visitor parking and I don't see the five necessarily notated here but this is that nature trail some additional renderings this is looking northeast a northwest view, a southern view, and then what does the site actually look like? First, we'll look at the adjacent site. So, this is looking south. Uh we have the Luxie Hotel here on the top. Some additional that manufactured home park here on the bottom. And then this is the subject site. So, we're looking north here. Here you can see the hospital in the background. Uh existing medical office here. Additional site views here. We're looking south towards 89A. Hospital is to our back. You can see the nature trail here and here. Regarding the screening, uh the code does indicate that the commission should make findings of fact. Uh the first one regarding compatibility of land uses uh all adjacent commercial properties are subject to the same code uh the same provisions within the zoning ordinance. There is no expected impact to the land use compatibility for the screening heights. Uh number two, environmental effects of the commercial or industrial use. The additional height of the screening is not expected to cause any environmental effects. And then lastly,

potential nuisance created by the commercial industrial use. Uh the proposed screening heights are intended to miticate visual nuisance. Uh so this is intended to or is expected to enhance the human environment. If the commission desires to approve this project, uh we do have the staff recommended stipulations indicated in the staff report. I don't have any proposed modifications to the stipulations as they are in the staff report. Uh just a brief summary. The first stipulation indicates that the project will adhere to what's approved at tonight's meeting. Second item stipulation is the project will adhere to the code review board comment letter that was issued. Third item, project adheres to all applicable sections of the zoning ordinance. Four, we explicitly state that those proposed fence screening heights are approved. And five, a building permit application must be submitted and diligently pursued within 24 months of approval. That concludes my presentation. I'm ready for any questions you may have. I do have the applicants here to answer any questions as well. Thank you very much, Tina. Uh, on the commission, do any of you have questions for city staff regarding this project? remembering that we will have the opportunity to ask the applicant questions as well.

No. No. All right. I don't have any questions for staff, so you are free. Uh, prior to the applicant coming forward, is there anyone here from the public who wants to speak regarding this proposed project? Hi. You can hand that off to Avette and please introduce yourself at the podium because you have to speak into the mic for the record. I know we moved it. Very tricky.

Tricky. Good evening everyone to the council and to the public and to uh Northern Arizona Healthcare. I didn't know this was on the agenda, so just give me a minute. So, I'm a breast cancer survivor. I'm new to the valley for the last three and a half years. I'm a Susan Coleman public policy officer. I have 100 ambassadors in seven states, but not here in Arizona, not in my backyard. So, I'm happy to hear about the ancology center. I have met women since I've been here who have never had a mamogram. I've met women that I've had to help assist getting to Phoenix. I've had women who were diagnosed with triple negative, which is basically a but too late. I've met women that literally were just so disgusted with the fact that we did not have an oncology center even though I've been sick for 3 days not contagious that I decided to come out and speak on behalf of the need for an encology center for the women of Valley and beyond. Now, there's a business in town, KOS, and they have diligently worked to make sure along with the van that's up uh at the Spectrum Center to make sure that we were able to give mammograms through their insurance and through donations for the first time this year. We had the KO KOS had the van in the parking lot of Safeway and you would be

surprised at how many people stopped in and said thank you. So for me, I'm thrilled to know that the women in my community might have the opportunity to have their lives saved. Thank you. Thank you very much. Is there anyone else who wants to speak regarding this proposed project? I don't see anyone else coming forward, so I am closing the floor to the public. At this time, if the applicant could f come forward and introduce themselves and give a very brief background on the project,

um, my name is Moren Lintel. I am the construction project manager for Northern Arizona Healthcare, and I will be the day-to-day contact for this project. And good afternoon. My name is Alex Bitner. I'm the architect with Grace Design Studios. We're the architect uh designer for this ecology center. Beautiful renderings. Thank you very much. Thank you very much.

Uh commissioners, do any of you have questions or comments for the applicant at this time? Yeah, my comment would be I like how the building fits in and and like the young lady said, it's it's a needed thing in our community and if it saves one person, it's it's well worth it. But I like the the trouble you went through that it it fits there and it's going to go along nice in that area. And keeping the walking trail I know is important. Lots of trees is important. Uh and make it an opening space where because if you ever been through something like that, it's very hard to walk into those buildings. uh the the warmer it could be, the easier it is on not only the people who work there, but the staff and the families and and the patients. So, uh much needed in the community, but thank you for your diligent work on it. Thank you.

Uh it's a beautiful project. My question is just about the walking trail during construction and I asked mostly because we have a lot of the community here. Um could you just briefly explain where it's going to go so people know?

Sure. Um during construction there is a portion of it that will be Thank you. um that will be demoed in order to make the new connection um behind the um new facility. Wanted to note that during construction we realize how important this walking trail is to not only NAH colleagues but to the community. So we are creating a temporary path that will cut through. Um it will not be during construction the full quarter mile. Um however we are committed to reopening it and the new trail is the full quarter mile for that. Right. Thank you very much. I don't believe the commission has any further questions.

Oh go ahead vice chair. I feel that the 10 foot wall or what will it be? It'll be a little over 8 ft approximately. Yeah generator. I think that's important to create since it's so close to the highway that having that as a buffer is imperative. So, thank you. Yep. Absolutely. Uh thank you both very much for being here tonight. I think that that's all we need you for. Thank you. Great. Thank you for your time.

All right. Um at this time, we can take any final comments from the commission if there are any. Uh if not, we can move forward to motions. Did anyone want to make any comments regarding this project? All right, I'm not seeing anyone. Personally, I agree with Commissioner Camila and I I am assuming probably most of my fellow commissioners. This is a beautiful project. It's sorely needed. It's great to see. Um I'm very excited for the community. I move to approve DR-25-020 for a 30,000 ft for a 30,000 square foot oncology center subject to the stipulations indicated in the staff report. Do I have a second?

I second. Thank you. All those in favor? I I

unanimously carried. These next two items are going to be voted on separately, but they're going to be presented together. So, for those of you who may be present and want to speak on behalf of the public on either of these items, just know we're going to do that all at once. Uh, please take it away. Thank you, Madame Chair. Tina Hayden again with Community Development presenting on both uh the design review and conditional use permit for the Vortex ATV rental. Uh we'll state that that packet that on your uh podium there uh that is pertaining to both of these items. Again, these revised versions were not able to get onto the packet. Uh so this is what the applicant is proposing and requesting approval on. So, we're requesting approval for design review for site development and then the conditional use permit for the ATV UTV rentals in the C1 zoning district. We ask that you consider the applicant submittal uh staff report with recommended stipulations. This one I do have some modified stipulations for and then the staff recommended findings. Uh, regarding the modified stipulations, I also have a modified uh, motion as well, which should aid you. Here we're looking at our locator map. Uh, just off to the east is the bend uh, heading through Oldtown uh, south through Oldtown there. Uh, so this property is not located in our historic district. It is in the C1 lake commercial zoning district surrounded by C1 zoning. Uh however, the uses to the north and the east are residential. Property is approximately 0.39 acres. Applicant is proposing temporary

restroom facilities. Uh looking at the site plan, they are providing a 10-ft landscape yard and fence buffer along the north and east lot lines. Uh and then the temporary restroom facilities would be located behind the buildings uh which will block view from the public right of way and I have elevations of those buildings for you as we go on. Applicant has provided some renderings. This is the north view. This is the entrance from Main Street here. And you can see that there is an existing chain link fence with privacy slats. Uh per our zoning ordinance, that's not sufficient when we have a non-residential use adjacent to a residential use. So uh we did have to require the 10-ft landscaping yard or a CMU block wall. Applicant chose the 10-ft landscape yard and that also gets repeated over here along the rightway which is required as well. and some additional views. The one on top would be as viewed uh from the north neighbor neighboring property. And then this western view uh as viewed from that neighboring residential property to the east. Here are the elevations. This would be as viewed from Main Street looking northward. The proposed uh temporary restroom facilities would be behind this orange building. I'm sure you all are familiar with this building as we've seen it uh over at the OAC tours. Uh so they do have an existing conditional use permit at that location. Uh since I have been on staff, I've not heard of any uh nuisance complaints

about it. uh they're just expanding and wanting to relocate to this but would need another conditional use permit for this site. In the packet which will get scanned and attached to uh the online packet by the clerk later on so that the public can see all of the submittal items. Uh these are all of the elevations. So the first one here is the trash enclosure elevation. Uh second one is the smaller of the two uh storage boxes on site. This one here is the larger of the two. Uh applicant is planning on affixing a canopy to that uh to create a eating picnic area. And then there is that orange building. All of the smaller storage items will be located within these buildings. Now, we're looking at the site plan and landscape plan here. Uh here is our north arrow. There's Clarkdale, Cottonwood. We've got two-way access from Main Street here leading to sufficient parking. Uh you can see the two storage containers that we had looked at and that orange building there. This is where the canopy and picnic tables will go. This is where the applicant proposes the UTV parking with additional storage behind this fence area and a washing station. The temporary restroom facility would be here. You can tell that that lines up with the ex buildings and then the trash enclosure. And you can see the 10 the 10-ft landscape yard and the existing fence running all this way uh for the majority of the east and then the whole of the north lot line. Looking at existing uh adjacent properties and streets, we have a northeast view of the residential there

to the east south view. There's additional residential there. Subject site north view. You can see the twostory residence beyond that along with the chain link fence and privacy slats. The existing storage containers. One of the proposed stipulations does cover this sign. Pull signs are not permitted uh in our ordinance. So the applicant would be required to either remove this or modify it to appear as a monument sign per code. Here's the northeast view. Again, you can see residential all here and the provided screening uh applicant will still provide that 10 foot landscape yard for buffering. The design review stipulations with a star are the ones that I will read into the record as they differ from what's in the staff report. Uh so this is just regarding the design review stipulations of stipulation one. The project shall be developed in conformance with the development plans as reviewed in the presentation by the planning and zoning commission on January 26, 2026. Stipulation two, the project shall conform to the code review board comments indicated at the November 4th, 2025 meeting in Ray CRB-25-047. Stipulation three, the project shall comply with all applicable sections of the zoning ordinance, including but not limited to C1 property development standards, general provisions, signs, parking and loading requirements, landscaping, and outdoor lighting code. There are three other stipulations that are in the staff report. So I'll just summarize. Uh number four, building permit application be submitted within 12 months. Number five, regarding that pull sign conforming to our code. And then number six, that this proposed

development is subject to conditional use permit approval as well. I will bring this back to you guys when you do look to make a motion on the design review. Uh but it just indicates um you know stipulations indicated in the staff report and those modifications to one, two, and three. So when you guys are ready, I'll bring that back. But I could you actually just hang on for just a second?

No problem. All right. Thank you very much. Regarding the conditional use permit, in order for the commission to approve it, uh the code does say that you have to make three findings of fact. Uh the first one is general findings uh that the use is not detrimental to the health, safety or welfare of the surrounding properties. U as indicated in the staff report, we do state that the existing business has been in operation at another location with no complaints for at least three years. Uh the applicant does state that they donate 1% of rental fees to the Forest Service for trail maintenance. Regarding compatibility with surrounding uses, we just say that the proposed use shall be compatible with surrounding uses. While we do understand that this is a commercial or a non-residential use adjacent to residential uses, the applicant is uh proposing the 10-ft landscape yards along with the existing fence to mediate that concern. Uh their hours of operation are from 8:00 a.m. to 5:00 p.m. 7 days a week. Uh the applicant does propose interior storage of incidental items aside from the ATVs. The last item regarding traffic and circulation uh indicating that there should be adequate access to public streets and highways. Uh first staff will state that the parking has been deemed sufficient. Uh second, there are dedicated display and storage areas outside of the parking. And as the applicant has been

in this business and has an existing cup elsewhere, they don't expect a high traffic volume at this area that uh now these are the stipulations for the conditional use permit. Uh these ones I don't propose any modifications. Um the first one is that I that the project adheres to the plans review today. The second item is that it adheres to the code review board comment letter. Uh number three that it adheres to the applicable sections of the zoning ordinance. Uh number four that it's operation shall be enacted within 6 months. Uh number five actually just indicated that there was additional submittal items with the design review packet. So this is not applicable. And then number six, this uh approval is subject to approval of design review. That is it for my uh my presentation. Ready for any questions you may have? I do have the applicant present as well. Thank you very much. Do any of the commissioners have questions for staff regarding either the design review or the conditional use permit proposed?

I do. Yes. Please go ahead. Can you point out again where the washing station is and where does that water you say it drains into a wash. Where does that wash drain to? Thank you, Commissioner Kennedy. Uh the washing station is here. So, first I'll point out this is the north arrow. So, just off to the west behind this fenced in area is where they're proposing to have the washing station. As far as if it's going to go directly into a wash, I don't think anyone really wants that. I could have the applicant uh discuss more about that with you. So, where was the water going to drain?

It's going to be staying on the property. Please, please wait until you come forward. Thank you. So, I'll have the applicant make statements about where they plan for the water to drain. Okay. Please go ahead, Vice Chair. Am I understanding correctly that the red line is where the U uh fence fence fence will be?

Uh thank you for that vice chair. Uh this is actually an existing fence on site chain link with privacy slats. Uh applicants not proposing any changes to the fence line. And so looking at this is the to the right is that um yeah is that uh used as it's used as uh it's residential. Oh okay. It's residential.

Correct. There's a two-story residential dwelling on this property here and then I think there's some mobile home dwellings on this property to the east. I see. So I imagine I imagine then that um there's folks concerned about the noise that could be generated. Uh, has the applicant I I I should probably wait till the applicant's here. That's fine. Uh, did you have any questions for staff, Commissioner Camila? No. All right. I don't have any questions for staff. Thank you very much, Tina. Before the applicant comes forward, I'm actually going to open the floor to the public.

That way, if any questions are asked, the applicant can respond to them in their statement. First, I have a request to speak from I should do these in order. Jim Bacus. Please go to the podium and introduce yourself for the record. And you have three minutes.

Thank you. Thank you for hearing me. My name is Jim Bakus. I reside in Grayfox Ridge, which is just north of the location we're talking about. My major concern is the noise because we are located just above the old Clarkdale highway. And if I were going to use a four-wheel ATV, I'd go on that road and zip it up and figure out exactly how this particular vehicle responded. So, I think it will be a detriment to our development. And there's a couple other places where they're going to catch a lot of volume. That's all I had to say.

Thank you very much, Mr. Bakis. I apologize for butchering your name. Uh, next I have Dylan Marshall. Same deal. Please introduce yourself for the record.

Good evening. Um, I'm Dylan Marshall. Clarkdale RV is my business and I am on Old Clarkdale Highway and I have the same concerns that Jim was addressing as far as noise and recklessness associated with these businesses. Um, I was a cinematographer on a commercial shoot in Sedona years ago when these companies were beginning to come into that area. And while on that shoot, they gave the gal her little training and she did her tutorial and then we got out there on the trail and it started to go downhill. She panics, she accelerates, she wrecks the vehicle. Okay, no one was hurt. That's fine. But it illustrated the simple fact that you're turning the public loose with vehicles that are very powerful, very dangerous on dirt roads. And they're going to want to go ahead and they're going to want to experiment. Jim pointed that out, too. They're going to want to want to experiment with them. And they're going to want to see how much it can do and how loud it can be. And this goes to the audio thing that I was discussing as well because these vehicles on average are about 80 dB. Okay, 85 dB is deafening levels. If you're exposed to that for any extended amount of time, folks, you go deaf. So, this is a high This is a a high volume level to be dealing with on a consistent basis. We're talking about 7 days a week as well, 8 to 5. 8 to 5. And I've had Clarkdale RV for 15 years. So, I've noticed an uptick significantly in traffic, traffic noise, and everything else. Now, by and large, people don't come down Clarkdale Highway, old Clarkdale Highway. Uh, we've never developed it. I own part of it. We don't develop it. It just kind of sits there to kind of slow people down. And so, we don't have a lot of traffic.

And it's a really nice place for people to go walk and enjoy safety and be able to have the health and safety and enjoy quietude. And I would urge you to consider the environmental possibilities with this area. There are tremendous amounts of wildlife, varied wildlife. It's really incredible. You wouldn't believe it being that close to Oldtown Cottonwood with as many people as we have around. Um, and that's all I have to say. And I appreciate the growth. And I I love the fact that we're growing. And I just want it to be responsible growth. And I know that this business has a uh a reputation and a solid reputation. And I'm not hammering on them personally. I'm just talking about some other considerations. Thank you so much. Thank you very much.

Next, we have Chris Archer.

Please introduce yourself for the record. Hi, my name is Chris Archer. I live in Gray Fox Ridge. Also, I've lived there for about 8 years. Moved from Southern California where I lived for 30 years. Uh, one of the reasons for moving to Cottonwood was I wanted a peaceful place to retire to. And for the first two or three years, Prey Fox Ridge was a peaceful place. Unfortunately, it isn't anymore. Uh, we have to endure the flights from Embry Riddle going round and round and round from very early in the morning until late afternoon. I was out walking the dog this afternoon for about 30 minutes. 14 airplanes passed over my head in that time. So now we're proposing to add to that noise by having an ATV station just down the hill from where I live from 99 home sites in Gray Foxidge. Also, I want to address the dirt road, Old Clarkdale Highway. It's very quiet right now, as was already said. It's mainly uh local residents that use that road. Many of us in Gray Fox Ridge walk our dogs down there regularly. And the vast majority of people that use that road with vehicles are very considerate of pedestrians and drive slowly so as not to create huge amounts of dust. Occasionally I've been passed by uh a person who has no consideration and we end up eating dust for about 5 minutes afterwards. So I could imagine that these people that have just taken out an ATV rental are going to be ramming down there and we'll be eating clouds of dust

almost every time we walk our dogs. That could render that highway totally unworkable from a dog walker's point of view. So basically what I what I see happening here is that we're going to get more pollution from these vehicles that are very loud as was already explained and a lot of noise and so uh I'm very much against the approval of this.

Thank you very much. Now we have Ann Pog. Please introduce yourself for the record. Hi, my name is Anne Pogue. I live on the greens on Crenshaw. Um, I would like to reiterate the concern about the noise and the dust that's going to be going down uh Maine down to Broadway and Clarkdale and also going down Oldtown uh Clarkdale Highway because I use my wheelchair on that to walk my dog and having ATVs whizzing there is going to prevent me from doing that. And I do that because Cottonwood is not exactly ADA safe. So, um I also want to say that the location and I'm a little confused because I thought one of the places that they were going to move to was at Willard and Maine on number two. Am I missing that? A request to to move Vortex ATV to Maine and Willard. This is Willard Street, not Willard Road.

And please stop my time because I'm asking. We can't answer questions. Oh, okay. During

Well, in in regards to that, both loc those locations are inside of the 15 mph speed limit signs. So, they're not going to know what the speed limit is when they head out onto the road. And you know how precarious downtown Scottsdale is, or not Scottsdale. Sorry, I'm coming from Scottsdale. Downtown Cottonwood is with those sidewalks. Most people don't even use the sidewalks. They jaywalk. And so you're going to have these novice ATV people with rentals buzzing through there, not knowing the speed limits, 15 miles an hour. And you know how dangerous that corner is right by Baky Botchi of in that sidewalk right there. They're going to come whizzing around that corner going into downtown Cottonwood and they might end up hitting somebody in the crosswalk because people don't know what's there because they're visitors. They're tourists. Um uh also uh there's not enough parking in Cottonwood. If they decide to stop and go to the shops and stuff like that, there just isn't enough parking. You see downtown, you know, Cottonwood every day. it's it's packed uh you know for lunch and for dinner and stuff like that. There's just not enough parking to accommodate that kind of tourism.

Um and I think that is all my points. Thank you very much.

Is there anyone else from the public who would like to speak regarding these two proposed agenda items? Yes, please come forward and introduce yourself for the record. My name is Paul Levasser. I'm a resident of Gray Fox. This will definitely have an impact on the resale value of over or close to a 100 units. Number one, if you want to project what this is going to do, take a look at Sedona. Take a look at Snbby Hill Road. 1% is not going to cover the wear and tear and the destruction in an environmental area. And I moved to Cottonwood for quiet, for peace. Right now, it's walking paths. It's places where the kids are safe, animals are safe. I've seen some of these operators. And I think they need a psychiatrist in Sedona. They'll cut into the traffic. The whole It's a joy ride. We're not a community that's set up for that. We have enough problems taking care of the service for the businesses that are there right now. This is going to be a big big big mistake.

Thank you. Thank you very much. Is there anyone else from the public would like to speak regarding these? Uh yes. Uh by the way, Mr. Vasser, could you fill out a form and hand it to Ivette before you leave? Uh one at a time, please. You may stand close. Just wanted to Hello. Yes.

My name is Joe Fisetta. I've been a resident here for 12 years and located within a half a mile of the operation up Clarkdale highway. And um I guess first and foremost we live in a very beautiful place and pollution comes in many forms. Compare this to the oncology project and the beautifification that will happen compared to the presented plan of operation. I got to tell you, I've got some significant concerns about fluids and gasoline and runoff as was expressed by some of the commissioners. So, I think there's a lot more work to be done here before we rush to saying this can't work. I know that we will have a lot of inexperienced operators in these vehicles. I own one. I drive in the area. I understand they can be driven quietly, these vehicles, or they can be driven obnoxiously and they can be dangerous in the wrong hands. So, how we're going to address some of those issues, that falls to you and the applicant here. Um, I would just caution, do not rush to judgment, but to figure out if we can make this work.

Thank you very much. And I believe there's another one. Uh, introduce yourself again so that the record is updated. Thank you. I didn't think I'm Sharon King and I also live in Gray Fox. I didn't think that um this would I would speak on this so I'm going to be pretty succinct. Everything that everyone said is accurate. I grew up rural. I grew up on ATVs and um and living here this last three four years. Right where that starts and the speed limit changes, it is all out. It is all out. Cars, motorcycles, ATVs. I have already written once or twice to our city police. It is not some slow drive up the hill and ATVs are going to increase the possibility of death. I'm not talking noise. I'm talking death. the hill that leads the that's a walking trail for us in Gray Fox Ridge. It's not some dirt that's just there. It is cultivated on a regular basis. It has signage. It has steps for us to walk through cuz I don't know a lot of young folks in Great Fox Ridge that is a part of our community and not just a road. And once you get to Old Clarkdale Highway, I have never had anyone speed past me. Everyone that comes in there is cons conscious of the fact that there are people who walk down that road. So my question for the developer, the owner,

what safeguards do you think you can put on a dirt road to keep someone from getting hit? Secondly or thirdly, that curve and that speed limit, the ATV owners are going to come speeding up there. I was one and they're going to go to make that right and it's going to be on its side. So, I caution you to put one your community in the way of death. Thank you very much. This is the last call for public comment on these items. I see a hand. Please come forward. Uh hand your sheet to Ivet and introduce yourself for the record.

Thank you for giving us the opportunity to speak on this issue. My name is Naen Cumins and I live in Gray Fox Ridge. I am very blessed that part of the where I live at Gray Fox, I can see the road that's behind us that everyone's been talking about. It's a road that I use personally. I used to walk my dog when she was alive down there. It's a very quiet, very safe, very clean, very beautiful vegetation. You can see the um the ditch, the Cottonwood ditch go by. If there is traffic, which is very seldom right now, they're very respectful because they live there's no one going down that road unless they live there. If they live in the development um the park that he talked about or there's a few homes that have some entrances off that street, but for the most part, it's an quiet place to walk. I'm concerned especially about if we start and we've seen a couple RVs come through and they don't come through slowly. If I can hear them where I live and I can see them go, well, I can hardly see them because by the time they go from one place to the other, I hear it and I can't see them. I'm really concerned about that road. I'm also concerned about the animals that live there. We have a lot of wild animals. We've got all kinds of fun. We have havalas that go down that road. Um there's I've seen foxes. Uh I've seen a mountain lion. Um it's just a very beautiful nature place for us to walk. So my concern also is if the ATV location is right next to it, that's going to be if I was from out of town and go, "Oh, I'm in Arizona. This

will be fun. Let me go down this road." I'm concerned that that's going to increase a lot of traffic on a road that's very safe and very communal in our location. Thank you for letting me voice my concerns. Thank you very much. All right. Now, last call for comment on these items. I don't see anyone new coming forward. So, I'm now closing the floor to the public. And now is the opportunity for the applicant to come forward. If the applicant would come to the lectern or the podium and introduce themselves for the record and we're first going to give uh the commissioners a chance to ask questions. Um, and the applicant prior to those questions, you can give an introduction to the project and respond to any comments that you've heard.

Please go ahead. So, my name is Nate and Nate Collie and I'm one of the owners of Vortex ATV and I'm D. Holly

and we just first off before we even get started, we've been hearing a lot of uh these issues coming up and we just we appreciate you guys bringing this to our concern because it's always been a pride since we opened up the company in 2019 to work together with this community and grow together any way we can. So that's from the beginning of this project and from the beginning of when we became Cottonwood, it's been a goal of ours to make sure that we're growing with the community, not against the community. So you guys bringing this all to our attention. We have a couple points we'll talk about, but otherwise though um we want to leave it to of course the commission first. So thank you guys for your time and thank you guys for showing up today.

All right. Uh Commissioner Camila, do you have questions? A couple. So two phases. FA when would phase two be done? What's your time frame on that? So, so phase one is pretty much the

um so phase one's going to be getting to the property, making the property improvements on the vacant lot as it sits right now and making it usable. Phase two is when we're going to be going for building permits to convert those conxes to permanent structures and then also put in a permanent in those permanent structures. One of them's just going to be storage. The other is going to be part restroom, part office, and then part storage. So, um just because of uh where we're at currently, um it is one of those where uh both businesses have grown over the years and it's just to a point where just for both we've mutually agreed that it's best for us to separate and just so that we can have enough room um not to grow, just continue our business. Um, so the two phases of it, phase one is pretty much to get there. Phase two is going to be once we're there making those permanent uh improvements on that property.

And then on the uh on the canopy, the the shape, how is that what's the wind rating on that? And how is it anchored to those boxes?

Um, so I do not know the wind rating on that at this moment. I'll be able to get back to you. Um, but through the fire department, one of their biggest concerns is making sure it's fire retardant. So that's what we're going to make sure is that what we're going to do is on those conxes on the corners, what you can do is you can anchor in a hook and then from that hook be able to connect it from there. So, it's going to be a fire retardant canopy over with two picnic tables underneath it to create kind of a welcoming um just just a very communal central type of uh storefront is our goal. So,

and then my last thing was the uh temporary bathrooms uh portable John's or a trailer mounted one. Uh it is going to be a porter john to start. So that's why we do want to get through that first phase as fast as possible as fast as possible cuz no one likes that but it is one it's a requirement to have uh restroom for our uh customers. So that's why we are trying to push forward and then in that phase to get through that process with you guys as soon as we can. Thank you.

Great. Uh Commissioner Helman, do you have any questions? Um my question regards the drainage just as uh Commissioner Kennedy was saying um because I currently walk past the current location um for since you've been there um almost daily and there's always water runoff into the neighbors driveways and things and so I I I mean that to me is really important is how this is handled because it's there's always standing water and if I was one of the neighbors I would be upset that my driveway is constantly muddy from the runoff uh of washing the vehicles. So, um that you know that's what I'd like to hear is how you're going to handle the the water.

Go ahead. F first of all I just want to say this will be a whole different system that will be going at this location.

Yeah. So, so pretty much uh the last location um it was it was one where we just became a part of the location. We weren't able to develop it and at this new location uh we've had a couple people from the city come out look at the the possibility going into sewage but then the proper filtration it's not a realistic situation. So what we've been able to come to conclusion with the city's approval of course is uh uh what we'd be creating is pretty much our drainage would have uh it would be a 3 foot between 2 and 3t drainage system and then from there we'll have an onpropy pond where there's going to be barriers to keep it inside our property lines. It's something we we're in the same boat as you. We've we've looked at that on a daily basis and it and it's just it gets underneath our skin and we it's we're really trying to make a goal of it that going on this new property we'll be able to do it our way instead of being pretty much the u secondary I should say. So,

and do you know if your um retention pond or retention area is it going to include any kind of filtering so that as the water seeps into the the ditch there won't it won't be bringing pollution into the Cottonwood ditch. So, so all all we all we're going to use that washing station for is washing our vehicles. And all we use is pretty much a uh uh it's a it's it's an environmental friendly car wash/wax per se and we just plan on continuing that at the property to limit the amount of environmental impact of our washing of vehicles. So, does that does that make sense? It does, but even uh even using environmentally sensitive products, the the um the vehicles themselves will still have dirt on them or or they may have bring back things that would would be considered pollutants in the in the waterway. So, just wondering if you have uh plans to, you know, make sure that the water is is is uh treated correctly before it it seeps into the or or if maybe seeping into the ground is enough. You know, I don't I'm not an expert on on water um ways, but I am concerned about it. So, yeah,

we we we do understand your concern. Um, and when it comes down to it, it really just comes down to the muddy seasons. And muddy seasons, first off, we do limit the amount of rentals that we send out there. We really try to, if we can push off around the weather. That's the ad dream. Um, unfortunately, there's been scenarios where people have gone through mud. We can't control that. And so, what we do is typically on our property as it stands is when those muddy vehicles do come back, we do two washes. one where just get the mud grud off and we can put that in a separate pile, separate away in a corner and then the other is pretty much going to be going into that normal pond per se. So, um I wish I wish I could have a more solidified answer for you, but that's that's been our plan since the beginning going into this project. So,

further questions? Okay, looks like no. So,

oh, I have another one, but yes. Yes, please. I didn't want to hog the mic. Um, so my other question would be to do with the trails that the ATVs ride on. So currently I I mean I currently don't see a lot of ATVs going through on the main street or anything. I I I'm not sure where if you provide a map of the trails that they can use. I see them a lot out on uh Sycamore Canyon Road out that direction. So, I'm assuming they go up through toward Clarkdale and out on Sycamore Canyon Road and those are probably your your rentals. But, um, is there any way to, you know, provide recommended trails so they're not using Old Jerome Highway or, uh, to address the issues that the the community has?

Uh, uh, yeah. So, in regards to what you're asking, so uh as a general, what we've done, we've explored a lot of the trails around here. There's so many we can never explore them all. We wish. Uh but that being said, through it all though, what we've done is we've been able to create a bunch of 2-hour routes, 4-hour routes, and full day routes. And based upon when people come into us, based upon their experience, based upon what they'd prefer to do, we have these recommended routes where we have paper maps uh from Forest Service laminated where we write down every direction they need to know. Right here at this trail marker left here, these are trail markers not to like this is an area. If it says a closed area, don't go there. Um, not only that though, we also have GPS tablets. And I love you guys bringing this uh uh the Willow Road, Old Clarkdale Highway to our attention because a couple years ago um what we had is a concerned resident living on that road reached out to us and they reached out to us because one of our renters went on that road. And so what I did first off right after that I apologize sincerely and I said we're going to do our best to prevent it ever since then. So what we did is through our GPS tablets which every customer gets to keep track of themselves. What we've done is we've zoned that area in red to the point where when a customer goes in that area what it does is it pretty much they know that they're not on track and they have to turn around or in theory they should turn around. Unfortunately, we aren't behind the wheel, but we can do as much as we can behind the scenes. And that's where we do send spend an adamant amount of time with all of our customers, making sure before anything. Some of them take up to an hour, hour and a half to just get them out there on the trails to make sure that they feel safe and comfortable. We do take pride. Our slogan is safety first, memories

forever. And it is one of those like since the beginning, we've really taken pride in it. So when it comes down to what you're saying uh about the routes and making sure that they're staying on track and having designated areas to go, we've really done our due diligence over now I think it is 6 years going on seven now of really to funnel it down to certain areas where it's going to limit the amount of residential impact. And then not only that though, it's also going to give the potential renter the best experience possible with obviously safe principles in mind. So that's where uh when she did say there's the 1% of rentals that we donate to forest service that we don't just do that, but that's something we've created a coalition with a lot of Sedona companies. They're they've been doing it more of as a reactive situation. We've done it as a proactive situation and we've been part of it since the beginning. And it's great because as we have meetings as companies and as we're going into the uh other city, it's one of those where what we can do is give a reference on how we've grown within the city of Cottonwood. And we've never want to grow like Sedona. That's never been what we've been trying to do. We've just been trying to do a continuum. Where we're at right now is where we're extremely comfortable. where it's manageable. We can trust everyone or it's most we turn away customers quite a quite a lot because they come into us and they they want to go out there in the trails and for whatever reason there's a lot of red flags that come up and we won't send them out there because we won't feel comfortable. So, um I'm rambling. I apologize about that. We can get back to your guys' questions. Sorry. Uh

Commissioner Helman, are you is there anything else? Okay, Commissioner Candidate, do you have questions? I do. I want to go back to this washing area. So, this is a dirt lot. Gravel. Gravel. Gravel. And how close in proximity is it to the Cottonwood ditch? That may be a question for staff. Do you know? Unfortunately, I don't know. Uh the Cottonwood ditch that you're talking about. Well, it's the irrigation ditch that runs down behind there

with the adjacent uh residential property.

No, it runs down behind Oldtown. So, I would I would be con concerned about how you're going to filter whatever runoff there is and whether it's going to reach the ditch because I I guess I have not seen the water running down the main street, but to have it run into the ditch would not really be a uh acceptable scenario. I completely agree. So, uh, our our plan is is with this washing station as it stands, it's going to be right here. There was what we thought was a, uh, septic tank. We were able to remove the cap. And what there was is just it it connected the sewage line to the old building that was there. There was nothing underneath it. And so, what we're going to be able to do is create that as the main washing station. And then we're going to pretty much create a retention wall all the rear of the property. And what it's going to be able to do is keep all of the water, all the sources inside this property within this corner right here for say. So that's that's that's been the plan since the beginning. um to for for it to get to to that section down here. We understand your guys's concern, but on our side of things, we do not believe personally that that it would uh it it would it would take a lot more resources to what we're using to to get to there in our opinion. So,

how many rentals do you have average per day? Um, it depends on our season. We have 10 vehicles, so we're not that's where we plan to stay. We don't want to go anymore. Um, as far as average right now, we're probably 2 or three a day. Our busy season, our highest day is 10 or 11. Okay. So, we're not talking, you know, I mean, we're not talking a large amount of vehicles and we do not antic, we will not be growing. This is our only, you know, I mean, we're just capping at that. Um, as far as we did speak with the engineer of Cottonwood for the water and he had no concerns on hitting anything else. He felt that it would stay on the property with the way um the layout would be with the three foot. It would be rocks and anything else. We can check into a further filter system if that would be needed to go into the water or into the ground. But he he felt very safe with what he we discussed on it. Okay. Do you have more questions?

No. Uh, vice chair, do you have questions?

Yeah. Um, is there a way that you could make sure that the neighbors, the immediate neighbors, uh, have a not just a fence, but some kind of a a wall or otherwise to stop noise in the immediate neighborhood area? Is that part of your I didn't Is that part of this? So, so per uh city code, it was either a 6ft uh um concrete block wall or a 10 ft of landscape screening. And talking with the property owner, they they were hoping that we would go with the landscape before that concrete wall for say. So, um, unfortunately, it is it is one of those situations where, uh, we want to be able to do anything we can, and that's where we do only operate between 8 and 5 a normal business day. And outside that though, um, it's it's one of those I we we could look into it further, but at this current moment, we we don't have any other uh way to to properly screen. So, and it's just and it's just when we start up our rentals, when we're washing it, when we're moving our rentals outside that most of our uh customers experience is going to be out there on the dirt roads and on the trails, which pretty much is uh is not going to be within that corridor of Oldtown and specifically Old Clarkdale Highway 2. out

u at present your clients where how do they get out to these trails? Which routes do they take? Um so so most people uh just just in general uh we do connect with all the Sedona trails and so it is one of those where pe most people do come to our lot. They park at a lot and then from there they take uh Mingus to 89 and at that Catholic church old old Immaculate Conception.

They can take that right on Bill Grey Road and based upon that you can connect with all the Sedona trails. Um and then outside that we also have Sycamore Canyon uh is where we go out. Uh sometimes we send people directly out there. Otherwise, a lot of people and majority of them will finish their day along the river and along Sycamore Canyon Road coming back pretty much. So, it's a we try to make the experience a loop per se. Um, outside that we also go up Mingus Mountain sometimes if people wanted to experience that. We have a couple routes where they can either go all the way to Cherry or also come back through Jerome. Um, it's one of those. It's just it all depends on what the customer would prefer. And like I said, it all based upon their their comfortability level too is how we have these recommended. So

So it doesn't sound like any of these routes um are designed at the present time to be using the old Jerome Highway. That is correct.

What can you do to prevent that from occurring if you move to this new location? So, uh I think we'll actually be able to have more control over it than than before because where we're at currently right now, it's about a mile down from uh the new location, proposed location. And in regards to it, the moment we had that concerned resident, we instantly created a zone and it's it's pretty much it's a red mapped zone to the point where from there uh the moment people go into it and it goes through our thorough instructions of how we get people out. But it is one of those where through everything we say red, no go. So, it's one of those where through everything, we've been able to hopefully limit the issues in the six years we've been here, and we we really do want to kind of continue to grow with you guys and limit the impact is our goal. So, it's not like we're trying to blow up like any of the Sedona companies.

It's manageable right now. And overall though, um it's one of those where we can just do a continuum of what we're doing currently. And if there are any concerned residents as we're moving and as we do get moved and you guys want to come, it's an open door policy. It really is. We want to we want you guys to come with us and grow with us as best as we can. So it's not like we're trying to change anything. If not, if we need to change things as things go on, we have no problem adjusting as we need. So for other questions, I share.

Okay. I have a question about the retention pond that you mentioned earlier because I don't see it on your plan and I assume that that's because it's phase two. Um where would that be going? The the retention pond you say? Yeah.

So, uh I believe we do have a site plan. Um it and within that site plan, it's going to be uh so I believe uh what what it's going to be in this is in this rear of the property right here. So, uh the pretty much this entire I believe it's uh like 80 ft right here and then it's going to be in this corner for say where it's going to have the most limit with the amount of uh our customers coming in to park our vehicles and everything to the point where when there is going to be any buildup of condensation and water, it's going to be in an area that's not going to be impactful to anyone and of course the residence is taking into account you guys of course. So um we we're open to uh uh changing and adjusting to anything you guys would like. Uh but this is also like we said before this is coinciding. We've had the city engineer come out and through everything uh he has been able to say moving forward as long as you guys can create the quote unquote pond and retention wall then we should be okay moving forward. So

how many employees uh work regularly at your location now and how many would work at this new location? So we have we have uh three three employees and uh we plan on just continuing it with with three employees per se. So based upon the days um it's the slow season right now. Usually there's sometimes no one there when we have no rentals. It's the slowest time of the year. Other times we have two people there. Um otherwise it would be us kind of filling in. So on a normal basis one to two employees there. So,

and um I noticed that the temporary bathroom and trash enclosure are up against that 10-foot landscaping area that then backs up to residential. Um I'm looking at your plan and I'm trying to see if there's a place where perhaps we could not back the temporary bathroom to the residence. Mhm. And I'm not sure if I see a good choice except for perhaps that employee in trailer parking, which is why I asked about your staff.

Um, I would I would ask that that would be reconsidered in um in service of kindness to your neighbors. Mhm. Yeah. Yeah. We we can definitely reconsider that. No problem. Yeah. I would put it maybe out on the street. Take up some of your what you have now is UTV parking in that opposite corner. Where are you here? Uh you're you're saying up here? Yeah, up there. Ah, okay. Uh so there is a 18 ft uh screening wall right here. Right there.

And so this is going to be an 18 ft screening wall. So, uh, just for public eye and street presence, is it something that we might be able to put into this this corner over here instead to, uh, to limit the the look of a a porter, John? Yes. And I think that we should add that into a stipulation if this goes forward. Okay. Okay. Um, I'm trying to think of if there are any further questions that I asked from you. Some questions may come up in the commission conversation, but for now you can take a seat. Um, and the commissioners are going to discuss this among themselves. Thank you very much for your information. Thank you guys for your time.

Uh, this is now a discussion amongst the commission. Uh, commissioners, uh, please share your thoughts on the project, concerns you may have. Um, and if any additional questions come up, we will ask the applicant to come up again. Uh, Commissioner Camila. No, I I like the idea of the the the routes that they set for people. Uh because people who are new to this type of thing, if you don't have one, you're going to go on the recommendation of who you get it from. And you I've been here long enough that I don't see the rentals I see more personal personal owners going through places they shouldn't be than the rentals. So I I I love the idea of hey, here's your route 2 46. Where do you want to go? This is where you go. So that would that be my only comment?

Thank you. Uh, Commissioner Helman, thoughts on this project. I just want to say I I really appreciate what you guys are doing. You know, you're you're a great small business in the area and we appreciate having successful businesses that that attract tourists and keep them here. So, um, as soon as I saw you on Main Street, I'm like, "Yay, another, you know, people don't have to go to Sedona to get an a ATV." So, I really appreciate all that you're doing. Thank you.

Uh, Commissioner Canada, thoughts? I guess my main concern is just the the drainage of the petroleum and everything else coming off of those. And I really don't know. I I don't see where it's really addressed here. If it was going into a storm drain or something where it was going to a water treatment facility, I wouldn't have such an issue with it. But um being that close in proximity to the Cottonwood ditch gives me concerns.

Vice Chair,

I'm aware of problems over in Sedona with the these uh this type of recreation. um people who live nearby um being bombarded so to speak with the noise. I'm concerned about that and uh I'm not sure what can be done however to um prevent it. It sounds like you're trying to I I do like the commissioner said I like that you're giving them maps. Uh, I would love it if there was a way that flashing lights went on when they started down the old Jerome Highway and said said turn around because that's a that's a treasure down there. Not many people know it's there. Um, and uh it's it's a real nice out of the way area that's sort of a hidden gem still in our community. We don't have many of those anymore. So, I can't think of what it is, but I think anything that can be done to uh strengthen the way a way to keep the the noise and danger to the people on the old Jerome Highway. Uh, I'd be strongly in favor of that.

Before I share my thoughts, I have some questions for legal counsel. Hello. I knew you would. Uh, my first question is, is there a way? Well, okay. Actually, my first question is, what are can we customize penalties based on or existing ordinance violations like a noise ordinance? Can we say that a conditional use permit voids with a certain number of complaints?

That's not something I've seen done before. Um, you can certainly require that the condition be that it abides by um the noise ordinance. Um and then uh there may be different regulations regarding business licenses and the amount of penalties or violations that they rack up if they rack up any. As far as a conditional use though, you would need to limit it to, you know, the condition being that it complies with the noise ordinance. And on that note, we do have a noise ordinance. And um in regard to off-road highway vehicles like these, it requires um that they have a muffler that works as well as it did when it was installed or better. Um so from the original manufacturer and then from the state the uh park the Arizona trails and parks, I can't remember the exact name of it, but they required that it be under 96 dB. Um so that is higher than you know you might think but um that's what we have for the noise regulation and then the enforcement of that would be the the the city's police

but we can't customize the remedy as being uh a hearing for the conditional use permit. Can you speak more about what you like if they get a violation of the existing ordinance? Can that trigger a hearing?

No, that would it would end up being in a the nuisance domain. Um, you know, there could be public and private nuisances brought against them depending on the the business, but it's not just the business as well. It's the individual drivers, the riders. they are end up being legally responsible while they're in possession of it. You know, they still have to abide by traffic laws and things like that. My understanding is that the vehicles are street legal so that they can get from the facility to the trails legally. Um so the responsibility again is done on the the riders at that point. Um and uh so the noise violations would have to be something that they did on their side as the business and that's

um not something I think we can set as a condition except that they you know um follow all applicable laws. Okay. Next question. Can we as a commission require them in a stipulation to have a particular policy at their business? Uh you can ask them to mitigate noise and nuisances. Mhm. And uh as far as outlining that policy for them, I would advise against that.

Okay. But we can ask them to mitigate noise and nuisance as a stipulation as part of their policy, but just not be particular about it. Yeah, I ask you fun legal questions every time. The traditional uh Okay, that is my primary concern. I think those are all my legal questions. My comments on this are I hear the community and I think given what this community has seen in nearby communities that these concerns are valid.

At the same time with this and I always look this is just me not speaking for the commission. I always look at every single proposal on its individual merits. And in this case, the proposers have had this exact same business in Oldtown Cottonwood since 2019, and we have had no complaints about that business. So, this is an indication to me that they have a precedent of doing a good job mitigating some of the things we're concerned about. Yes, I would like to do creative things to help ensure that that continues. But my instinct is that these are local business owners who have done right by the community thus far. And speaking only for myself, I tend to believe they will continue to do right because if they don't, one of the items we're voting on is a conditional use permit. And conditional use permits, if they are violated, if the applicant does something that is not allowed by the conditional use permit, can be revoked. That's just those are my comments on the matter. And I think that cleaning up empty lots is good. Adding landscape to those lots is good. Um, and I think getting this particular business out of the historic district is also good.

Huh? Yes. I asked the commission. Were you around this weekend where we had a caravan of I counted at least 28 ATVs coming through town? It was like a blaze of thunder without the control. this weekend. Can we respond? Chair, it's your meeting. This is your future.

Typically, we don't respond to questions, but I will respond because this is my comment time. Um, I was in town. I did not see the ATVs um personally, but I was in town.

Ultimately, it's not on any single one of us. It's the commission as a whole. Um I'm actually going to pull back from the public here. I think we've all had a chance to listen to each other talk. This is obviously a very serious issue that requires a lot of deliberation. And I'm going to give the commissioners one last opportunity to deliberate. As a reminder to the public, all our deliberation is in public. Nobody comes into these meetings with their vote prereddecided. Everything is happening right in front of you. This is the entirety of the conversation. So sometimes we have to go back and forth a little bit with difficult decisions so that we can make good choices to the best of our ability. Um, so with that in mind, um, I'm just going to open up it up to the commission one more time if anyone has any further comments. Um, now is the time to make them. It's also last opportunity for questions.

I'll agree with I'll agree with Madam Chair that these folks have been here for six years. They haven't had any complaints. Obviously, they're working with people. They're talking to neighbors. uh they got a very good track record and and uh I have faith in people. I I think that'll that'll continue and knowing how they run their business by just seeing it. Uh you know, we haven't had any complaints arisen from this and I understand people's concerns. Uh we can't control what people do. Uh whether they're private owners or renters or people, you know, coming up to ride their motorcycles or ATVs. Uh, but they've had a good track record in this community. They are part of the community. That's all I would like to say.

Go ahead. Do you have further comments? I do. I can appreciate that they're an existing business and that they've abided by um consideration with the community. Is there some way that in that conditional use permit they're limited to the scope of what they're doing now as in they can't have more than 10? That's a question for legal. If uh chair and and commission if you believe that that is a condition that would be required to u fulfill the purpose of intent of this permit then you could do so.

Let me ask the applicant if we were to add a stipulation to the conditional use permit that you would be limited to 10 ATV UTVs. Is there a meaningful difference? I I don't know. It was on one of the Yeah. Uh go ahead and uh respond.

Uh we would be in support of it, but I think we should also look at the parking spaces and look at limit it based upon that. So um I Yeah, I mean 10 the dream scenario would be to have 12, but if 10's the speculation for you guys, the stipulation, then I'm sure we can uh we can abide by that, too. So, cut down the middle. Cut down the middle 11.

All right. Uh it depends on what the commission wants to do. So, going upside and coming through our neighborhood and then going out. Uh, hang on just a second because to keep it on the record, it has to be in the mic.

I will I know, but I I'm going to repeat it. So, it's on in the mic. I'm going to ask a question of the applicant. How do you plan to keep your clients from driving out of your property and then going up Old Clarkdale Highway uh being in existence for 6 years now we've made it a pride and on that for instance that that old Clarkdale highway it is one that we've had uh some concern from the public So, our GPS tablets that every customer gets, it's a red zone. Red zone's not good. So, it is one of those where through these six years, how many of our rentals has the public seen going through that area? It's one of those we take pride in making sure that no one does that. So,

there you are down 89 and I appreciate you. I work with but that road goes around the back up past the cars chicken horses and it goes back out on the main you never mentioned that it's not in your planning none of the totality of what you're doing is in your plan I understand that the public is upset and I want to convey these things to the applicant but they must be on the record they I I I understand But it has to be on the record. It has to be on the mic. And the meeting has to continue in a way that can be recorded.

Uh the public time is speak now. What was that? No, I didn't. I'm sorry. We we can't I will please please take a seat. I will repeat the concern. I'm sorry if I was unclear. I will repeat the concern. The public cannot come up. Public is over. Yes. All right. Let me ask a question about how your red zones work. Okay. So, you say that it comes up on the GPS. The GPS is actually in the vehicle. The screen in the vehicle that gives the client the map. Yes.

That screen turns red.

Yeah. So, let me start. When some before someone goes out, they are shown a four and a half minute video that is done off for service that has been done. So it talks about everything with safety, for speed, for helmets, goggles, for donuts, anything jumping. It perfectly says that is not allowed. and the police can Clark Clarkdale and Cottonwood do have UTVs out there now. Okay, so I just want to point that out first of all. Second of all, before each client goes out, okay, I I have to say, and I'm saying this very proud small business owner. We have one employee he's been with for four years, three years, and one going on a year. They know everything back and forth. They would never have stayed with us if we didn't make safety even for the community, the neighborhoods. We are very direct when it comes to that. We can actually for Oldtown Clarkdale Road. We can actually will make it a red area on the GPS. We will mark it on the map personally, okay, that they are not allowed. We do not want Oaklarkdale Road to ever have any deterior from us. That is never ever our thing. We want them to be there safe on the roads.

Thank you very much. We appreciate you as the applicant. We hear you. Thank you very much. I'm just trying to keep the meeting in line. At this time, I'm going to call a brief recess so that everyone can take a minute. Um, this is going to be 5 minutes. It is now 7:35. We're going to go until 7:40 at which time I will bring the meeting back into order.

Heat. I call the planning and zoning meeting Monday, January 26, 2026 back into order. At this time, we have just had commissioner comments. We have had applicant comment. We have had public comment. And I believe unless

I still want to comment. You still want to comment. Okay. And I believe at this time we can take a few more commissioner comments and then we will be ready for a motion and a vote. Vice Chair Rothrock, I know you have a comment. Make sure you turn on your mic. You turned it off.

No, I turned it on. I've lived in Cottonwood since 1980. It was darn quiet then and gradually things got louder. I live in Oldtown and 1980 the loudest thing was the uh trucks backfiring sometime in in Oldtown. But unfortunately, our society has gotten louder in many, many ways. Cars and trucks are louder. I had a car went by me yesterday and it almost busted my eardrum. A car. Uh, and now, of course, we have airplanes going overhead all the time. So, I find this very unfortunate. I do believe that these folks are doing their levelheaded best to provide a service that some people want um and and doing it in a way that uh could work out well for them. Uh, it will be a hopefully a benefit to the city and that's what I'm hoping for. Are there any other commissioners that would like to make a final comment? I would like to add a stipulation to be voted on. This would be stipulation number seven stipulating that the applicant move the temporary bathroom to the west fence wall. And I also would like to add a stipulation number eight requiring the

applicant to adhere to all no noise code ordinance um or face uh revocation of their conditional use permit. And this would be for cup-25-00008. If I did something wrong, tell me now. Do my fellow commissioners agree with these two additional stipulations to CP-25-008? I.

All right. And with that, we do have to make a motion in order to vote. So, I move for the condition of approval. First, the design review. I move for the condition of approval DR-25-024 for the existing business's relocation subject to the stipulations indicated in the staff report with the modifications to stipulations one two and three read into the record by staff. Uh all those in favor you need a second. Oh yes I do second. I second. Thank you.

All those in favor make sure your mic is turned on. Say I or I. I. I. There any nays? All right. Nay.

All right. That is approved with one nay. Now we have I move to approve CUP-25-00008 to allow U ATV/UTV rental in the C1 zoning district based on the findings and subject to the stipulations indicated in the staff report with an additional stipulation number seven requiring the applicant to relocate the temporary bathroom in phase one to the western edge. ed of their property behind the wall. And stipulation number eight requiring the applicant to adhere to Cottonwood noise ordinance or face revocation of their conditional use permit. Do I have a second?

I'll second. Thank you. All those in favor? I I. Any opposed? Nay. Thank you. Commission passes. At this point, we are now moving forward to item number four, CUP-25-012, request for a conditional use permit to allow an aircraft maintenance shop in the I2 zoning district.

Thank you, Madame Chair. Commission Tina Hayden with Community Development presenting on a conditional use pair uh permit for aircraft maintenance hanger. The request tonight is approval of conditional use permit-25-012 for that maintenance hanger. We ask that you consider the applicant submitt a staff report with recommended stipulations and the staff recommended findings. Regarding the stipulations, I do have some modified stipulations for 1 and 8 which I will read into the record later on. Looking at our locator map, this property is located within the I2 heavy industrial zone. uh surrounded mostly by I2 zoning uh to the north uh west and south there. And then off here to this side we have uh community facility zoning which is the airport and runway. So this uh is an existing hanger that has access directly to the runway. Uh it is on airport lease lot 126 within the I2 zoning district. uh site is approximately 6 acres with an existing hangar. Uh applicant is um presenting that aircraft storage would be located within lot 126 hangar uh respective property owners hangers or airport tieowns. Uh maintenance will be conducted within the hangar on lot 26. However, the applicant is proposing that there may be times where it's typical and customary that they have to uh perform maintenance on the aircraft outside of that. Um that is what stipulation has been amended to to allow what is typical and customary per the city or airport manager. Uh, additionally, I will say that the building official is requiring a commercial improvement permit submittal

with the indicated indication that provided services uh be stipulated uh ones that would have that high hazard potential. There is no site plan to provide with this. it is truly what the applicant's proposing uh doing the maintenance and what they will further relay as if there are other hazardous activities being done. Uh so I really just have some site views. Uh so here we're looking at the adjacent property. Uh to the east we've got some vacant land there that I2 zoning. Uh here is the existing hanger that they're wanting to have those operations in. And you can see to the south additional hangers and to the west more hangers and then the airport is off this way. Here is our subject site. We're looking southwest. The airport is beyond this building. In order for the commission to approve a conditional use permit, they have to make the three findings of fact. Uh the first one regarding general findings is that the use is not detrimental to the health, safety or welfare. Uh some of the provided services that could be conducted uh do have a higher fire hazard uh which would require adherence to stricter building codes. Additionally, consideration of an allowance for customary and typical maintenance to be done offsite on the airport property as determined by the airport manager regarding compatibility with surrounding uses. Uh surrounding uses are either I2 zoning uh which is heavy industrial or that CF community facilities which is

the airport. Hours of operation typical are 8:00 to 5:00 p.m. with some infrequent work being done from 7:00 a.m. to 7:00 p.m. Uh applicants indicated that the storage of aircraft is will only be in designated areas only uh work was while staff had additionally have thought that work would just be done in lot 126. additional conversation with the airport manager and the applicant how to revise that stipulation to allow for that typical and customary work on the air airport property. I would also like to point out that the nearest residential property is approximately 1300 ft from this site. Regarding traffic and circulation, uh this finding here indicates that we need to make a finding regarding public streets and highways. This is a very unique situation. Uh staff has determined that there is sufficient access for vehicles. There is parking on site uh for the operator. U applicate has attested that they do not expect an increase in air traffic uh and due to its connection to the runway. We'd say there's sufficient access for aircraft. That does uh conclude the findings. Uh again, I have eight stipulations here. I'm only going to read off one and eight as they are proposed uh to be modified from what's indicated in the staff report. And I'll just summarize the other ones. So, stipulation one, all storage of aircraft parts shall be confined within the building on lot 26. Storage of aircraft shall be confined within hangers or spaces designated for aircraft parking. Stipulation two indicates the code review board comment letter adherence. Stipulation three indicates adherence to

all applicable sections of the zoning ordinance. Uh stipulation four indicates that uh per conditional use permitting applicant has 6 months to uh start operations or diligently pursue the project or be subject to replication. Stipulation five indicates uh that the city does reserve the right to revoke this if there's an irreiable public safety concern. Uh stipulation five is a sunset clause should since this is airport lease land. Uh this would allow this conditional use permit to terminate should the lease be terminated for any reason. Stipulation seven indicates that requirement for that commercial improvement permit. And then stipulation 8, I'll read into the record. CUP-25-012 approval is applicable to lot 126 except that work may be conducted outside of the lot boundaries when customary and typical as indicated by the city/air airport manager. that I do have a new revised motion for you

should you uh seek to approve this project. Uh I have the applicant here for any questions you may have. I also have the airport manager and our building official here if you have any questions for them regarding this project.

Can you hang on just a second so I update the motion? Don't. Thank you very much, Tina. And that is the last slide. So I'm just here for any questions you may have.

All right. Uh does the commission have any questions for city staff regarding this proposed conditional use permit? I do. Um so there's no plan because they are using the existing buildings, but then it says um it will occasionally be customary for certain things to take place outside of what would be the plan area. Is there any I just don't know enough about airport operations to don't know what customary means. Uh, thank you, Chairwoman Masten. I stole that verbiage from the airport manager's email. Uh, so I would actually see if he could answer that question for you.

Just I just have no idea what that means. Yes. Uh, if there are no further questions for staff, um, we do have the airport manager here. Um, you're already coming forward, so I'll do the public comment after you come forward. Please introduce yourself for the record.

Good evening, Madam Chair and commissioners. I'm Rod Propst. I'm the city's airport manager. A FAA approved aeronautical activity is an airframes and power plant mechanic shop. Unlike an automobile that would be towed to a car repair facility or driven, airplanes fly into the airport and maybe in the transient parking and need some kind of maintenance. For example, last week an airplane came in and the electrical system failed, no battery, uh, a wire had come loose. We were able to get a mechanic that has an agreement with us to come and put the wire back on the right spot and charge the battery. Not a big deal if the weather's nice. A really big deal if you're in the clouds flying on instruments. So, it's typical and customary that maintenance will occur in a tie down uh or uh if they're defueling an airplane has to be done outside of the building. So, pretty typical at airports to have that occur. I'd be happy to answer any other questions.

Uh, commission, it's now open for you to ask questions of the airport manager. So, there's no maintenance facility on site at the airport right now. It's been one there. It's no based maintenance facility at the airport. This will give us one for the airport there, which is a good thing. Yeah. Uh we would expect that if there was a blown tire, for example, on the runway that we would call this&mp shop and say, "Come and tow this airplane off the runway." Thank you.

I don't have any further questions. Um I am going to ask the public if they have any questions. I may have a follow-up question if I need to relay that from the public. At this time, I open the floor to the public if anyone has questions or comments regarding this proposed conditional use permit. You'll have three minutes for comment. No one is coming forward, so I'm closing the floor to the public. At this time, the commissioners have a last opportunity to share thoughts on this proposal or ask final questions.

I'm not seeing Oh, here we go. Vice Chair If we're going to have all these planes flying overhead, we might as well keep them safe. Thank you, Vice Chair Rothrock. Yes. Uh the only thing worse than planes flying are planes crashing.

Uh at that, I believe we are ready for a motion. I've been making my own motions all night, and I'm not going to stop now. I move to approve CUP-25-0112 to allow an aircraft maintenance shop in the I2 zoning district based on the findings and subject to the stipulations indicated in the staff report with modifications to stipulations 1 and 8 as read into the record by staff. Do I have a second? Second. Thank you. All those in favor? I. Unanimously carried.

Thank you very much for your attendance. Item number five, we have ZO-26-00002, design standards and amendment to the City Cottonwood zoning ordinance section 304 design review. This is the most exciting part. You shouldn't leave. You're on a roll. Oh, I'm going to quit. Good evening. With that introduction, I hope I don't disappoint.

My name is Ava Coutro and I'm the interim community development director. And as mentioned, tonight I'll be introducing design standards to the commission. These are as a result of House Bill 2447. I believe that you're all familiar with that. Tina has brought this before to the commission. And House Bill 2447 requires that towns do administrative review on site plans, development plans, and other design review proposals that traditionally came to the planning commission and input from the planning commission and from the public was given. Since that is not going to occur under the new house bill, the Arizona League of Cities has sent us information on establishing objective design standards. This will aid the applicant when preparing plans and also aid staff when reviewing them. So tonight, I will introduce some of those objective design standards, hopefully receive feedback, and answer any questions. In the couple of months that I've been here at Cottonwood, I've noticed that your current design guidelines are very vague. They're uncertain, indefinite, unclear of meaning. And with the administrative review, we really need objective, measurable design guidelines. For instance, the current section 304 states that buildings shall include balanced and harmonious proportions. It also states that they shall be visually compatible with buildings and structures to which they are related. Those are extremely vague and if an applicant came to me and asked me, "What do you want with that?" It would be very

difficult for me to answer. And if they submitted plans like the images shown here, could I tell those that tell them that those don't meet the guidelines currently? I mean, it would be based on my own personal opinion. And the second one where it should be visually compatible with buildings and structures to which they are related, that works if there's already buildings on the site. If there's not, that really doesn't mean anything. So again the league has said get objective standards and these would not be influenced by my personal taste, interpretations or the feelings of any mutual municipal employees but they would have benchmark standards or other criterion available. So in reviewing the leaks examples, they had about five different types and we decided to go with three different yes no. For instance, the first example is the rooftop mechanical equipment screened. That's clear. We'll tell them it needs to be screened. It's a yes, no. Counts and measures. The fence wall cannot exceed 3 ft. The plan comes in, does it exceed 3 feet or does it not? It's a measurable standard. The last one is lists. In this example, it would be for garage doors. And the applicant would have to choose one of the four approaches listed. So, they would have to have windows or door handles or decorative metal hinges or decorative panels. These we like because while it gives us a higher level of design, it also allows a lot of flexibility for the applicant. So looking at how section 304 would change again the existing talks about

buildings shall include balanced and harmonious proportions where the proposed objective standard would be that streetf facing building facades shall have building entrances that front the street. That's easy to determine. You can look here at the picture. Yep. The frontages face the street. Yes or no? For groundf flooror commercial uses and mixeduse buildings, 60% of the building wall shall be open doors, windows, etc. Again, clear you could measure this. It's a counts and measures and determine if 60% is open. A list could be where residential units are designed as town homes or row homes. They meet two of the following ch this example actually meets all five even though it wouldn't be required but there is a change in the wall plane between the units. There's definite change in color. There's change in the roof forms. There's change in the material. The siding differs and there's change in other architectural elements. For instance, bay windows versus flat windows and different porch coverings, door coverings. So instead of the vague that is existing, we are leaning more towards the proposed as we think that gives the applicant clear direction and allows staff to review it unbiased. The guidelines to now objective standards are not only for buildings but also structures and even things such as murals and window clings on buildings. For instance, the existing guidelines for fencing, I could only find two. One that they can't exceed 6 ft in height in the rear side yard and the other the materials that they can be constructed of. So for instance, this middle picture of this continuous block wall that would be approvable under

today's guidelines. Under the standards, we propose a list. So walls adjacent to streets shall not run a continuous plane for more than 48 feet without incorporating at least two of the following. So you could do a twoft change in the plane. You could do an 18-in raised planter at the bottom. You could do an 18-in change in height. You can use pieers. You can use open grill work or other design feature as considered appropriate by the community development director or designate because they're coming forward with all new materials and new designs and we don't want to limit that. But then instead of getting this continuous wall, people would have options. They could do grill work. They could do offsets. They could do pilasters. Again, we don't want to limit it, but we do want a higher quality of design and something that's measurable. When we were putting together the design standards, we did a deep dive. We looked at what the league sent over for residential. We relied heavily on California as they have had this same rule just for residential in California for a few years. We looked at other towns we were familiar with in in the valley. We looked at places we had visited that we like the feel and the design. And through that we look to create highquality objective design standards. Again no personal or subjective judgment. And the point of this is to streamline the review and approval process. Again in the past most of these cases came to commission. You meet once a month. We have a leeway for advertising for posting. All those things need to be met. So if they are done administratively it should shorten the time. Um the objective standards provide greater certainty for the applicants as well. They can look to the

code and have actual measurable standards that they can then give to their architect or designer. And of course, we look to make sure that we meet the general plan standards and that we the end goal is to ensure safe, attractive and harmonious development to promote the public health, safety and general welfare. Now, as I stated, this is a revision to section 304, but we are allowing some flexibility for projects that come forward with provisions for affordable housing. Uh, you have the draft of the design guidelines. Again, they're not complete. We're very quickly trying to get this together, but in that if you see an AMI after a guideline, that means that there is flexibility on that. if you apply with affordable housing. So, this would be the new flowchart for design review proposals. If you submit and you go to the top, if you meet all the design standards, then you get a administrative decision from town staff that's either to approve, approve with conditions, or deny. If you are dissatisfied with that decision, you appeal it to the board of adjustment. The second train here is if you meet the intent of the design standards, but you do have affordable housing. So, you don't meet it, but you meet the intent, you can still get an administrative decision. Again, approval, approval with conditions or denial. And if you're dissatisfied, you appeal to the board of adjustment. If you do not meet the design standards and you don't have affordable housing, you can either revise your design

standards to meet them and then you get the administrative decision or you can go by the existing route where they come forward to the planning commission and then the planning commission would make the decision and that decision would be appealed to the city council. I could see this happening. For instance, if it's a very modern architecture, an architecture we hadn't anticipated, it may still be a very high quality architecture that we want, but it doesn't meet the standards. So, then we would give them this alternate route. Also, if it's a commercial building and there's certain branding that requirements that they have, they may not meet our requirements, but it would be something that we would like to bring forward and have the commission consider and the public be able to comment on. Now, my next 15 slides are the actual design standards that are in your packet. I don't know. It's up to you if you'd like me to go through them all.

Read them al. Can I? I would certainly do that. If not, if you had any questions in particular or if you wanted me to go through some that are unique or new to us that I would like to bring to your attention, however you would like me to proceed. Can I go back on that? What's the board of adjustments? Who Who's that? Our board of adjustment. Is that a city employee? Is that a city? It's a It's a board like you. It's made up of volunteers. Thank you.

They they don't meet that frequently, but they did meet last month, and we did bring this to them to make them aware that their calendar may get a little busier should people dislike staff's administrative approvals or denials. All right. Thank you. You're welcome.

Yes, please go ahead, Vice Chair. Uh I noticed in looking through this uh heavyweight tome uh that adequate parking wasn't addressed in private streets. Um, we have a number of u developments that have private streets and I wonder sometimes how grandma can get her car parked to go up to uh where the family has our their cars already parked. Um, that wasn't addressed here. I was disappointed. Um, Chairman Marston, Commissioner Oh, Vice Chair Rothrock. Um, that wasn't addressed in here because this is only addressing section 304. Parking is addressed in section I think it's 406.

Okay. Then something in 304 was water supply. Um and water the adequate water requirement is an adequate water requirement is something that has to be done in a subdivision. But if I'm just going to go out and build a house, I don't have I don't have uh any adequate water requirement that I need to uh uh be sure that I'm doing. And uh chairwoman, vice chair, these design standards don't apply to single family homes unless they're part of a PA AD. That's section 304. So, I I'm not sure I understood your question. Was that what you were asking? Why it doesn't apply to a single home?

Exactly. Yeah. Okay. You know, if it's good enough for a subdivision, how come it's not good enough for the single family home? All right. Thanks. Certainly. Uh just to clarify that for the record. Um what that means then is that single family residence has more flexibility than than the design standard or less. I would have to defer to somebody that's been reviewing these a little longer than I have. If I may have Tina come up.

Thank you, Madam Chair. Tina Hayden, senior planner. uh single family residences are accepted from design review and the the soontobe design standards that we're working to issue. Uh I'd also want to point out that currently uh there is a new bill that's being introduced that would continue to prohibit for any single family residential the city um indicating any design standards for that. We are working with a lobbyist to get clarification on if that would apply to the P A uh zoning.

Uh CL, you may not know this since you're it's still it sounds like it's still in process. Yes. But would that mean then that like things like fence height requirements would no longer apply then to individual single family homes? I'm sorry. I don't think we can discuss that bill. Sorry. It's it's outside of the range. Sorry. But thank you, Tina. So, clearly single family homes have more flexibility on design than the others. Thank you very much. Good. Good job pulling me back as well.

All right. Uh any other comments or questions from my fellow commissioners? Yes, please go ahead. I see that all of this grading, all of the stipulations on grading are struck out. Where is that addressed then? I'm sorry. The stipulations in grading are struck out. What's the number? This is Oh, thank you. Okay, there we go. Yeah. I don't know what page number is it. Three. Okay.

Page four.

Yes, I see it now. Tina gave me the red line version. Thank you. Let me take a look here. Okay. My guess is that was removed because it says that under the following circumstances, the zoning administrator may grant design review approval for that. But now all design review approval will be granted administratively.

Okay. So before those were just items in particular that could be done administratively but now all of it will be done administratively. Okay. Um in section E 510 and then um a little a few down below there are some items in the proposed design standards that are yellow highlighted. What is the what is and I saw one of them as a question mark. Are those items that are still in process? Like what does the yellow highlight indicate?

Those are things that we're still considering. Again, we tried to rush to give the commission and the public as much as we could in this short of time, but we highlighted things that we need to circle back to and we also just put to be completed later on certain items. Okay. for some of these items like street art and I hope this is in scope. Do we have existing um We do not. Okay.

I'm sorry uh chairman commission. We do not but we we had confusing language in the code where it was not clear if you needed permits or not for murals. And so we decided to make it clear and we spoke to other staff members and other towns and borrowed a lot of their language on murals and um window clings. We seem to have a lot of that in our new shopping centers where we want the windows to be open and then they fill them with window clings. So, we took a look at what other people are doing and just put those downs as possible. Trying to find that. That was one of the sections I was hoping somebody would bring up. I believe this is it. So, no, this is all new. We even put um a definition in for what a mural is. So, this proposed design standard would limit murals to no more than 50% of a wall surface.

That is one of the proposals. We're still looking at this. Like I said, we borrowed a lot. We put it in there to facilitate discussion. Um, we looked at that one. also was curious if we do want to limit it to not covering buildings open building openings, doors, vents, because recently I've seen some that do go over doors

and they're they're kind of interesting. Also, whether we wanted to limit it, I think that we do not allow it on the single family residential. So, we would remove that because we're not regulating single family residential and three and and 04. And we were curious about 8 if the commission had any feelings on whether the murals can face the primary street frontage or if they want that to be the main entrance and look more traditional and have the murals be on blank walls, sidewalls, things of that nature. So there were we put a lot on here again to facilitate discussion.

What? Yes. Go ahead. Thanks. Sorry. Commission, please speak at any point during this particular item. Go ahead. Uh I would encourage you to go down to Aaho. They have an amazing amount of wall murals and it would be a darn shame to only have half of it. uh when you can cover a full wall and it's almost like you're walking into a building.

I imagine for Aaho they're a draw and I love murals. I have other staff members that are saying yes please don't overregulate murals. So it's this kind of feedback that I am looking for. So I that was just something that was out there. So I put it in here for discussion. So it appears that 50% may be an arbitrary number and maybe we we don't mind if it covers more than that or the entire wall.

Yeah, I I would I would echo my vice chair's statement. I think that I mean that we have actual precedent within Cottonwood existing for murals that cover entire walls and cover um on the primary street frontage and go over event. I actually have it open on my computer right now and I think that it's um well done and uh I I think that it would be

um in the city's best interest to um continue with that tradition. So maybe we remove um number two and number five. And let me see. And four. I'm sorry. I meant four, not two.

Okay. I still think perhaps the glass windows we do want 50%. We do if we're asking for windows, we want them to actually function as windows. I think maybe just I don't I don't want to be too prescriptive because I'm not um a person with the legal backing to write this, but it might make more sense and be easier to read for applicants if windows and wall imagery are separated out distinct standards. I know that if I if I was an applicant reading this, I would not immediately be thinking of windows

and and that's fine. And I appreciate that. Then we can do the window clings and things of that nature and the temporary mur paintings of windows which generally happen around the holidays separately and then the murals as its own. Uh further comments? Would they still have to submit their mural to the city for approval though? Yes and no. they have to apply and submit it, but we don't and we shouldn't regulate art. So, that's where number one comes in. Okay. Actually, I was just wondering what that Yeah, that's what could get kind of tricky. So, uh

and I'll certainly review this in more detail with our attorney. Okay. So, we don't want anything offensive, but I don't want to make the determination that I think there are too many butterfly murals and I've had enough of them. Yeah. So, I'm glad that we pulled that one out because that's a brand new one and I I was hoping that we could discuss it. I just don't want to keep you here later than you'd like to be. Yeah. Thank you. I appreciate that. Um, any comments on any of the other sections of the proposed design standards?

Oh, yes. Uh, please, um, come forward and, uh, speak your name into the record. We are taking a public comment on the design standards. This is a little unorthodox, but we're going for it. Three minutes, sir.

Or less. I understand you had a long meeting. I'm Phil Turbell. I live in Clarkdale. I do business in Cottonwood quite a bit and I just want to bring up I understand the the purpose of making this more objective and less objective and I appreciate that. I do want to caution everybody that's come before the committee and said that there were a lot of good things that we could do has affected the cost of housing in our community. And a lot of these will affect the cost of housing in our community as a lot of things continue to pile on. I just want to mention, I just made a few notes. I hadn't seen the list, but the dark sky ordinance sounded really good. It makes houses more expensive. graywater systems, fire sprinkling systems, building code updates, insulation requirements, landscaping requirements, wall decisions about how to build a wall and 48 ft or and then you have to make a change and and all of these requirements raise the cost of housing in our community. I understand that some affordable housing may be able to deviate that, but then you're going back to that subjective portion. I don't know how you handle this. I only wanted to bring the cautionary point up because I'm affected with housing. I serve on a governmental affairs committee for the association of realtors. We're looking at Yavapai County is upzoning updating it zoning code. We've asked to see that. We're trying to get a feel for it to know where they going with it. Uh I try and come to as many of these meetings so that I can understand what's going on. Not only does it raise the cost of housing, but it raises the cost of administration. Um I don't know if you're aware, but a current building permit for a single family, 1600 foot residential housing in the

town of Cottonwood now is about $15,000 for the permit. and it has to go through reviews and I pay several different fees to the fire department to review it all the different departments and you'll have more administration the more rules you put in play. I don't know what the right answer is. I understand the movement away from the subjective language, but to say that that sounds good or that sounds nice, I think that's good or let's go to this community and see how they're doing it. I think we also need to remember we've got a community out there that we need to serve with housing. Thank you. Thank you.

There are a few other people here from the public. Is there anyone else while we're doing this? Yes. Please come forward. I figure if you stayed all this time, you'd have something to say. Please introduce yourself for the record. Three minutes, though.

Good evening. Paul Gracetti. Yeah. I thought that's why everybody's here too, but then they left. I'd echo what Mr. Tur Turbell said. Um, I would just maybe caution that the whole point of redoing the design review subdivision ordinance from the House bill that passed last March. Okay. It passed last March. It became effective state law the last day of the 20 2025 or the first day of this year. Um city of Sedona, town of Clarkdale already updated their ordinances. Um there's still some towns that haven't. Um, but it sounds like town of Cottonwood is um maybe trying to lump too much change into once because hopefully you've all read the uh the state law. It prints off on one page.

Um there's there's not a lot like I could read it in my remaining time here, but I think everybody should read it. uh legal counsel, you really need to make sure that all these points in state law are updated in the in the zoning ordinance, the subdivision regulations, and the design review. Um I haven't read through everything of these proposed changes, but I think there are a few items of state law um that's missing. So maybe focus on updating the ordinance to get up to speed for what's state law right now, which I mean the vortex guy design review, I was feeling for him cuz I was like, isn't this already kind of state law? And but anyhow, just something to think about. That's when I took a look at this. Um I think get the ordinances updated up to state law and then maybe talk about, you know, windows and stuff later. Thank you.

Thank you. Any further public comment? All right. I don't see anyone else coming from the public. So, closing the floor to the public, bringing our wonderful interim director back up. Um, commissioners, uh, any other points of this proposed design review standard that you want to address in the meeting tonight? All right. Um, I also think for the most part, given that it's unfinished, I will be interested in seeing the draft a little bit further along. Some of my questions are actually about those AMI areas and how that works out, but it looks like um we don't know how that works out yet, which is just part of the process. So, um, if my commissioners don't have any further questions, neither do I. Um, thank you so much for the copy and we will be perusing that. Is there anything else you want us to keep in mind as we move forward?

Thank you, chairman and commission. I just wanted to bring up the timeline for design review.

As stated, the bill went into defect. It went into effect on December 31st. However, the there was builtin good faith effort that if you're moving along, certainly they didn't expect everything to be done on December 31st. So, we're trying to balance getting these done as quickly as we can. This will be a living document once it's in use. There'll certainly be amendments to it and things that we forgot to put in or things that may be too ownorous that we want to review. And we certainly welcome any comment from any public. We do need objective design standards. So, we're just trying to look at what other towns, what other places have done and see what will work for the city of Cottonwood. We do have another, we called this a hearing, but that's because we wanted public comment rather than a work study. And then we do have it for hearing again should you wish to hear it again on January 20, I'm sorry, on February 23rd.

Thank you very much. I was going to ask I do see that on the agenda it's labeled as a public hearing and I was wondering is this a voting item to go to the council yet or it feels like it's not. Chairwoman commission we did bring it to council just to tell them the direction we wanted to go in rather than bring you all of these and we all go through them and then they're like no we don't want that. So, we brought it to them, made them aware of it, made them aware of the schedule we were trying to shoot for, and um so I guess tonight, since it is a hearing, the recommended motion would be to continue for discussion at the February 23rd meeting. All right. Thank you very much. Thank you very much.

Uh with that, I don't believe the commissioners have further comment on this. So, I am going to move to continue ZO-26-00002 to the February 26, 2026 planning and zoning commission meeting. Do I have a second? I second. Thank you. All those in favor? I I unanimously carried. We have one more. Zo-26-001 amendments to the city of Cottonwood subdivision ordinance. Is that is it all one? May I interrupt Chairman? Yes. Uh, I was just made aware that your motion may have been correct. Oh, no. February 23rd. I believe you stated February 26th.

I apologize. Uh, I amend my motion and we will revote. I move to continue ZO-26-002 to the February 23rd, 2026 Planning and Zoning Commission meeting. Do I have a second? I second. Thank you. All those in favor? I. Now that I've learned my calendars, item number six, Z-26-001. And yes, this is somewhat loped with the other. This slide will look very familiar to you.

Again, this is from House Bill 2447 that requires administrative review. As I mentioned in the previous presentation, it was for design review and site plans. This would be for subdivision plat line adjustment lot ties land divisions things of that nature and again that would be without a public hearing. So we went through that section of the ordinance and we it hadn't been updated in a while. So, our attorneys and previous director and other staff really redlined it quite a bit, but it didn't remove content. It clarified the language, removed outdated language, and clarified the submittal requirements. It removed unnecessary requirements. And the main thing was it put in the administrative review to comply with House Bill 2447. again the changes it was the syntax the spelling outdated language there was a whole thing on a sketch plan process I haven't heard that I mean that's a term from like the 70s I don't think anybody I've been a planner for 30 years I've never reviewed a sketch plan uh removal of the hard copy submittal requirements most of our stuff is now electronic but we still need the hard copy for the signatures and of course removal of the requirement for the public meeting but authorizing the administrative review and approval in its place. And here is the timeline for that. Again, as mentioned, House Bill 2447 is effective as of 12:31.

However, the legislation gives municipalities acting in good faith time to adapt their administrative processes. And that's why we are bringing this to hearings to make it transparent that we are acting in good faith and that these things just take time, especially with limited staff. So, tonight is the P&Z public hearing and then this wouldn't have a second hearing. it would go straight to council unless of course you had questions and wish to continue it. It would go straight to council on February 17th and then if they recommend approval it would go into effect on March 19th.

So this is a little quicker timeline because it's it's less work than coming up with objective design guidelines. Thank you very much. Are there any questions for staff regarding this set of amendments to the city of Cottonwood subdivision ordinance? Not for me. I've read through it. It does seem cleaner. Thank you very much. Yeah, I think so. I would have to thank the previous director staff and and um I believe our attorney here did most of the heavy lifting on that. Yeah.

Thank you. Uh, and I do want to um add that you you've just touched on it recently that part of the reason this process is taking the time that it's taking is because the commission elected to have more hearings rather than less to give the public more opportunity for input and more transparency. So in some ways we do shoulder the responsibility for this process taking a little bit longer but I believe that it's in the interest of the public good

and chairwoman commission and public should anybody have any concerns or any ideas please reach out to me directly or you can reach out to Tina that's what we're looking for.

Thank you very much. Uh, are we ready to have a motion? I'm looking for eye contact approval. No, we have one more comment. Please come forward. And I'm sorry, you have to introduce yourself again. It's the law. Good evening again, Paul Getta. Like I said in the other one, um, yeah, this one's a little little cleaner. I would suggest I I still think there's some some um items that are were passed in the state law that are not mentioned. You might want to take a look at allowing at risk submitts. I didn't see anything on that. Um allow applications with a history of compliance with building codes and regulations to be eligible for expedited permit review. I only saw that in a condo conversion. Um they said authorize administrative personnel to review and approve design review plans based on objective standards without a public hearing. The last item of the state law defines objective and I didn't see that in the in the proposed updated ordinance. So again, I would just uh caution to make sure you got everything that's in the state state law in the uh updated zoning ordinance. And I did email the city at the the main planning that Cottonwood whatever

and it said uh we will send you out the updated ordinance when you had it. And I and I never got anything emailed back. What I have is what I pulled off the web today. Thanks.

Thank you very much. Uh just as a clarification, the ordinance is not updated yet. That's that's this process. So that might be why nothing was sent. Um however, it would be uh the hope of the city, I'm sure, and the commission that once this is done, everyone who's requested it will receive it promptly. And I see a a nod from the interim director. As for the legal questions, um as commissioners, we are not council. Um but I believe that the city is moving in the um in the direction of state legislature and my understanding is that it state legislature supersedes municipal legislature. So those things would automatically apply. But our council can correct me.

Uh we're proceeding purposefully and intentionally in these these choices. All right. Thank you. An excellent lawyerly answer. Are there any further comments from the public or from the commission? All right. I'm not seeing anyone come forward from the public or the commission. I'm closing the floor to the public. And at this point, I am now going to make a motion. I move to recommend approval of ZO-26-001 to the city council regarding the proposed amendments to the subdivision ordinance. Do I have a second? I'll second.

Thank you, Commissioner Camila. All those in favor? I I. All those against? None. Unanimously carried. Uh our next item is the election of the chair and the vice chair. I would like to motion to table this item. We have a new appointee on the commission who will be joining us next month and I would like them to be able to participate in the vote. However, the tableabling is also up for a vote. Um do I have a second uh on tableabling the election of chair and vice chair? I'll second that. Thank you. All those in favor? I I

We have no discussion items this evening. Are there any suggestion topics for future meetings or are there any suggested topics for discussion at future meetings? I wondered if we could revisit um the discussion on oh gosh, what do you call them? The maintenance agreements. Oh, okay. Uh, how would we phrase it? So, like m like I I'm assuming um like if you give someone a conditional use permit and you require them to maintain the property in a certain way, for example, if they have a covert, they have to keep it clear.

Yeah. Uh I also would like that to be revisited if possible. Um, can I suggest that to city staff as a discussion item on uh wording and um establishment of maintenance agreements as part of conditional use permits? Uh, Madam Chair, is that to uh just discuss it or are you trying to recommend

discuss it? Okay. And are there any other suggestions for future discussion topics? All right, I'm not seeing any of the commissioners make any suggestions. So I make a motion to adjurnn. Do I have a second? I. Thank you, vice chair. All those in favor? I. We are adjourned. Get that hammer. The hammer's the only