Planning & Zoning Commission - Regular Meeting

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[Music] Hey, [Music] hey, hey. [Music] Commissioner Glasgow for Commissioner Roth here and Chairwoman Mast present. A quick announcement before we begin. The previous vice chair, Randy Garrison, has left the Cottonwood Planning and Zoning Commission in order to serve as a PNZ commissioner for Yavapai County. We congratulate him on his new appointment and as a result of his leaving, our first order of business is the election of a vice chair. The vice chair is elected by a vote of membership, which means the comm the commissioners, and we'll begin by asking for nominations.

Would any of the commissioners like to nominate themselves or another commissioner for the position of vice chair? I nominate George Gay. George, would you please state your name for the Oh, I'm I'm so sorry. He is on Zoom, right? No, he's not. Come on. Uh Ooh, this is an eventuality that I was not prepared for. Madame Chair, I would refer this situation to our legal council to see what they have to say about nominating someone who's not present.

Yes. Um, thank you, uh, Chairwoman and and Tina. Um, well, my first, uh, concern was actually, is there an updated agenda that this is on? This is on the agenda. It's up at the top. Number three. Yep.

Election of vice chair. Oh, there it is. You were right. Look at that. Moving past that first block is not really there. Um, you should probably wait to somebody who can accept the nomination unless this is a position in which we can just force someone and I don't think it is. Um, so if that is the person that we think we want and we don't have any other nominations, then my suggestion would be to wait until the next meeting. Uh, I will probably table this, but really quickly I want to make sure. Will there be any other nominations? Commission,

do I need to withdraw my nomination? No, we'll just table it. All right. I make a motion to table the vote for the doesn't accept. Uh, then we will have to find someone else. We'll just sit here until somebody gives it. Uh uh I make a motion to table the election of the vice chair. Do I have a second? Second. All in favor? I I. Motion carried. All right. Um our second order of business tonight is to approve the minutes for the meeting held Monday, June 16, 2025. Those are the minutes we're approving, aren't they? May.

And May 19th. And just as a reminder, whenever we approve two sets of minutes, we have to hold separate approval votes. Uh we will begin with the June 16 minutes. Uh are there any um notes regarding the June 16 minutes from the commission? Any changes or requests? All right. Um I move to approve the June 16, 2025 minutes. Do I have a second? Second. All in favor? I.

All right. Uh we are now going to approve the May minutes. Um are there any notes regarding the minutes of the meeting of May 19th, 2025? All right. No changes. Um I move to approve the meeting minutes from May 19th, 2025. Do I have a second? I'll second. Thank you very much. All in favor? I.

Motion carried. Uh there are noformational reports and updates this evening, but we wave to staff and say hi. And we have no old business tonight, so we're moving directly to new business. We have one agenda item this evening, which is an amendment to the city of Cottonwood zoning ordinance section 404, general provisions and article 2, section 2011, I believe.

Thank you, Madam Chair. Uh Tina Hayden with community development. That is correct. It is updates to our section 404 and 2011. 404 is our general provisions. 2011 is our definitions. Uh we do request a recommendation of approval to city council for the proposed text amendments uh for 404 and 2011. The purpose of this text amendment is to clarify ambiguous language, enhance standards and criteria where applicable, and enhance readability and flow. Within your staff report, we do have a summary of the text amendments. My presentation does follow that summary list with some uh visual elements for you to help clarify some items. Uh feel free to stop me. This is a huge section with uh 28 subsections. Uh otherwise I will just carry on with this presentation. Uh some of the basic text amendments are regarding formatting with uh listing numbers and syntax. We did want to remove some extraneous subsections that just referred to sections uh such as our special event permit or temporary use permit and our outdoor lighting. And we also want to indicate that our development re review board is changed to the planning and zoning commission and that our zoning administrator is changed to community development director. Again, following that list, I do call out several subsections. Um, the first one is subsection G. We're talking about building projections, including balconies for multifamily residential. Uh, whereas previously we were not allowing any portion of the building to encroach on uh street frontage landscape

yards. This will actually allow uh balcony projections uh with a minimum height clearance of 10 ft to project over landscaped areas. And I do have a visual for you guys. Uh for subsection 8, we are calling out safety measures for taller buildings and we are also clarifying the process for the approval of wireless communication structures. Uh, regarding the safety measures for tall taller buildings, uh, we're looking at trying to create an affordability opportunity for multifamily residential that is over three stories. Um, our code tip currently says that it needs to be non-combustible materials. We're trying to create a provision that could allow for uh materials that are combustible but subject to fire and uh additionally building. Uh since this report was typed up, I did have the building official come to me. He is recommending some stronger language to indicate uh the building code in adherence to that even with the fire department's allowance for non non-combustible materials. We also have subsection JA which rec which now allows for the repair and replacements of fences subject to a pre-existing fence permit instead of a property owner having to go get a new fence permit. Subsection K of this section really indicated um excavation and similar activities just associated with a building permit. this uh new change is to allow for with a conditional use permit to allow for some of those to happen outside of a building permit. So, here's the v um the visual for the building projections. Uh this is for multifamily residential allowing to

project over required street frontage landscape yards. I do want to stress this last bullet point that this text amendment will not affect height limitations when adjacent to single family residential. This is only for when a building is on a has a street frontage that the balcony can project over. Uh there is a 10ft height clearance here. Uh we do also indicate that the projection can only extend 10 ft from the face of the building. Uh the prescriptive railings no higher than 3t or whatever is prescribed per building code. And then there has to be a 5-ft separation between the projection and the lot line. So in this case, I do have a 15 ft landscape yard uh showing how that would look. Additionally, for building heights in 404H, uh this gold line here indicates what's permitted uh what would be required uh whether a PD planned area development approval or conditional use permit approval to build over 2 and 1/2 stories or 35 ft. This red line indicates where the non-combustible material requirement is or as we've said if the applicant or developer were to provide information about how this would meet fire flows provide proof of adequate water supply for system redundancies and approval by the fire chief or fire marshall. And this is where that building official wanted us to strengthen the verbiage that this all has to be per building code as well. Going back to our bullet point list, uh, looking at subsection L here, uh, we did strengthen the language regarding vending machines. It was actually pretty confusing to read and interpret. Uh, we

also wanted to indicate that fences that would exceed the height are subject to design review, not just planning and zoning commission approval. This allows for administration, administrative review. Uh we also did uh enhance the standards for residential outdoor storage. Subsection N regarding home occupation. We established a purpose. We also wanted to differentiate what is remote work versus what is actual home occupation that could increase the intensity of the use. subsection Q. Uh we did uh allow indicate an exception to allow uh other alternatives as opposed to having that trash enclosure uh as well as introduce additional construction standards and that was reviewing uh nearby jurisdictions and their performance standards uh regarding trash enclosures. Subsection U is uh when a temporary shelter is considered long-term habituation. This is something that our code enforcement had requested to help us determine when an RV uh is allowed for that two week camping time frame or when we're looking at someone who's dwelling within it long term. Uh this you will notice in the new proposed text that there is um around uh what is it performance standard 404V that it did get moved. That was because in a recently approved noise ordinance our police department did refer to the noise standards in 404 v1. Well, we had to uh realign that so that they wouldn't

have to also do a text amendment. Um we did revise uh this to align with the noise ordinance and also with Arizona revised statutes. There was a new bill that was passed that actually affects the construction hour times and I do have a visual for that to explain the differences. Um then subsections W through Z. Uh we will be addressing this in a future text amendment. Again with uh new bills being signed into law in May. We are waiting for uh anticipated model ordinances for which to base ours on. This slide is regarding construction noise times. So this little bar here u to the left here we have what is proposed in this text amendment. aligning with our Arizona revised statutes. And then on the right here, uh what was previously indicated in our noise ordinance. Um first thing I'd like to draw your attention to is that per ARS, they actually have the dates um outlined from October 16th to April 30th and from May 1st to October 15th. whereas um our police department had indicated from the 2nd to the 30th here and from the 1st to the 1st here. So we did have to work that out. Additionally, the ARS the new bill indicated start times uh during during the summer hours. They did indicate an earlier start time allowance as opposed to what was in our noise ordinance. They also indicated a separation uh from Saturday specifically. They called it out allowing it to be from 7:00 a.m. to 7:00 p.m. Whereas in the news ordinance, it said all week weekends and legal holidays are 7:00 a.m. to 5:00 p.m. So,

this does align. I'd also like to point out that the pouring of concrete may commence 1 hour prior to these indicated start times. So, yes, during the summer hours, concrete pouring can begin at 4:00 a.m. The last few items here, uh, this is the article 2, section 201 update. These are the definitions that we have of we're adding in cultural resource that's indicated within this section and is also indicated with our recent uh, section 310 ordinance. uh historic preservation waiver. This is a new definition. We changed we have the term junk vehicle. We did change that to inoperable vehicle to be a little empathetic towards owners. Uh it is moved to section 2011, but this and outdoor storage we did want to maintain in section 404 as well. Uh we are adding in maintenance and we are revising repair in section 2011. Here is our timeline. Today on the 21st, we are here for a public hearing and a request for recommendation to the city council. We expect to bring this to city council for a public hearing and a vote on the ordinance on September 2nd. If this is adopted by council, it would take effect October 2nd. That concludes my presentation. I do have our chief building official Cody Blazer here and our fire marshal Rick Contrares here. if you have any additional questions for them.

Thank you very much. Thank you very much, Tina. Uh, do any of the commissioners have questions for Tina regarding these proposed amendments? No questions. And I assume George is still not on Zoom. Just checking for him. Okay. I have a question. Yeah, please go ahead. How long did it take you to re go through all of this stuff and rework it? I'm sorry. I How long did it take you to go through all of these things? This went on forever just scrolling on my screen here.

Uh it did take a good deal of time. Um I really can't quantify it as I, you know, kind of bounced between other tasks. I hope so. Yeah. Uh, but I will say I I went through it once and then Word did something really funny with the formatting to where I had to actually go through it again, which was really good, you know, for me to be able to note, you know, where other changes were required. So interesting. Thank you for your time.

Thank you. Uh, anything else from the commission? All right. I have a quick question for the building official. Will you please come forward and introduce yourself for the record? Yes, ma'am. Uh Cody Blazer, chief building official.

Thank you very much. Uh my question is about the um exceeding three stories uh non-combustible materials oversight. What kinds of I mostly want to get on the record. what kinds of materials you expect to see if this is passed as is and what kind of oversight you think is appropriate for those kinds of developments.

Well, there are specific requirements that the building code would follow. It all depends on the construction type. Um, unfortunately, a lot of them still kind of fall into the non-combustible. There's type one, type, so type one and type two construction are going to be your non-combustible construction. There's also separation between A and B. Um, and so A is going to be higher level of protection. Generally, that would be fire rated walls. Now, you could still have combustible construction, but you still have to have rated walls, rated assemblies. Uh so you know there are going to be very few scenarios that this would be beneficial for uh mostly in unfortunately it's not going to do a big number on residential development. Um but you know that would be multifamily. Uh so there's not a huge difference in it but it does give people the ability to explore those other options as opposed to previously it was just no can't do it. Now yeah you can do it but now you have to have rated assemblies if you do exceed that and so it kind of yeah it's unfortunately it still does

it's bound by the codes. Will this impact um any of our will this impact the like stairways and stairwells at all? Like because you can then use different materials to create internal

and so those are still very regulated by the codes. That would be an interior exit stairway which is required to be fire rated for obviously egressing purposes. Um and so really won't affect that side of it. But generally once you start going above three stories, it's generally going to end up being non-combustible construction regardless um they're going to end up having architects involved anyways and the architects will identify and most architects are going to want to kind of cover their rear. So they will have uh not combustible regardless. So unfortunately, you know, there are certain occupancies that would allow the that it would benefit by having the increase. Uh the code does permit them, but for the most part, the residential side of it, which is where we're more trying to aim towards, it doesn't really give a significant increase uh without going to fire rated. And now you're doing different types of builtup assemblies that will get you those ratings. All right. Thank you very much. Uh, while we have him up, does anyone else have questions for our building official?

Yeah. I'm just curious, what is the re why increase the height limit? Do people really want to build that high? And is it mostly for apartment type of Well, historically, we've limited building heights based off the fact that we didn't have fire protection that can reach those heights. Um, now we have the Grizz the big truck so we can reach those heights. So now we're modifying the ordinance to reflect that. Okay. So it's more because the fire capabil ability to to actually access and Yes. Exactly. Thank you.

Any other questions? Right. Thank you very much. We really appreciate your attendance. All right. I don't know if there's anyone who's going to want to come forward, but at this time there's an opportunity if there's anyone here from the public who would like to talk regarding these proposed amendments. All right, no one's going forward. I close the floor to the public. And now we have an opportunity for the commissioners to give their final thoughts on these proposed amendments. We'll begin with Commissioner Camella. Thank you for all your work on that. I mean, it's a reading this I was I had to put it down like 42 times. So, uh, especially when you go back and clean stuff up. So, thank you for your time and energy on that. Other than that, that's it.

All right. Uh, Commissioner Glascott, I concur. Thank you for all your hard work. Commissioner Rothrock, you agree also.

Very good. Uh, I think that we all agree Tina did a really great job. This is a lot of work. Um, and I'm sure that you didn't work alone, so there were others as well. Um and also thank you very much for the very handy summary of proposed changes which you did not have to make and you did out of the goodness of your heart. Uh this will help clarify our codes, make them easier to read which will help make developments easier to build which is for the benefit of the entire community. And with that I move to recommend city council approval of ZO-25- 06 for section 404 and article 2 of the city zoning ordinance. Do I have a second?

Second. All those in favor? I. Unanimously carried. Now is called to the public. If there is anyone present from the public who would like to address the commission on any planning and zoning related item that was not on the agenda this evening, now is your opportunity to come forward. No one is coming forward, so we are going to go ahead and move on. Uh we have no discussion items listed this evening. Uh commissioners may make suggestions for future meeting topics. Any suggestions for future topics? All right. No one is making any suggestions. So I am going to make a motion to adjurnn. Do I have a second? Second. All those in favor?

I I shortest meeting ever. Awards. Well done. Take that. [Music]