November 15, 2017

Dr. Peter

J. Shields extended an invitation to have the board to view the property before the special meeting next week so he has the opportunity to show the board how he can meet the requirements.

Commissioner Lee

stated she provided typographical corrections to staff.

Commissioner Lee

motioned to approve with corrections. Seconded by commissioner DeAnda

Commissioner Hafen

stated Move item # 13 to be before item # 8. Part of the discussion will help give direction on some of the conditions of approval as outlined by staff and help the applicants.

Commissioner Blundo

asked for a moment of silence to honor two distinguished individuals that have passed.

Commissioner Adams

stated the Pow Wow is this weekend.

Commissioner Hafen

stated he will be abstaining from all items under 9, 10 and 11 due to the fact he sits on the hospital board and stated Commissioner Fowler notified him and staff that he will also be abstaining from all items under 9, 10 and 11 as he is business partners with the agent. Regular Agenda Items: Action may be taken by the Regional Planning Commission on the following items:

Commissioner Hafen

asked if the business across the street is a tattoo shop or just a smoke shop.

Mr. Ehrheart

stated it is a smoke shop and urban wear. Page 2 of 10

Commissioner Blundo

stated he visited the applicant today and the applicant states they were unaware they needed to be here tonight and would like a motion to continue to the next regular meeting. Seconded by Commissioner Adams.

Commissioner Lee

asked if the parcel was created for the purpose of this sign.

Mr. Osborne

stated yes. Joel Oscarson, applicant. Mr. Oscarson stated the 17 foot is the aerial version of the sign, the lower portion of the sign is properly set back it is only the top that extends 1 foot on either side, that doesn’t meet the setback requirements.

Commissioner Lee

asked if the applicant has read, understood and agrees to the Conditions of Approval.

Mr. Oscarson

stated yes, the only one is with Public Works, and stated if the board wants to add a condition that Public Works is happy with the final location of the sign before they start construction that would be fine. There are sight triangle issues that need to be addressed. He also stated the color key on the back up showing the VA clinic, they were unable to get the updated logo, but this will address the VA signage issue and help the VA get to the proper medical facility as well. This will address items # 9, 10 and 11 as well. Page 3 of 10 Public comment opened and closed at 7:10 pm with no comments.

Commissioner Blundo

motioned to approve CU-2017-000041 and WV-2017-000056 based on findings, subject to the conditions of approval and adding that the applicant address any issues that PW has with the sign location. Seconded by Commissioner Bennett.

Mr. Osborne

reviewed his staff report and stated staff is recommending approval of the applications and subject to all the conditions.

Commissioner Blundo

asked what the impact of the lighting will be and if there is a sign currently there.

Mr. Oscarson

stated there is no sign there, the sign will be backlit and will have a smaller impact, and the sign has an overhang so it will not project light up.

Commissioner Blundo

asked staff how tall the block wall is at Desert Greens.

Mr. Osborne

stated he isn’t sure, it is probably about 6 feet or so.

Commissioner Lee

asked if the applicant has read and understood and agree to the conditions of approval.

Mr. Oscarson

stated yes, and they should add the condition that the contractor works with Public Works to identify the sight triangle.

Commissioner Blundo

asked if there will be improvement to the corner of the road. Cody McKee stated they aren’t required to improve anything for the placement of the sign. Page 4 of 10

Commissioner Blundo

motioned to approve CU-207-000042 and WV-217-000057 based on findings, subject to conditions and adding that the applicant work with PW. Seconded by

Commissioner Lee

. Vote: Motion passed (summary: Yes = 5, No = 0, Abstain = 2). Yes: Beth Lee, Gary Bennett, Leah-Ann DeAnda, Leo Blundo, Robert Adams. Abstain: Derek Fowler, Gregory T. Hafen II.

Mr. Osborne

reviewed his staff report and stated staff is recommending approval of the applications.

Commissioner Lee

asked the applicant if he has read and understood and agrees with the conditions of approval and with the addition that the applicant works with Public Works to address the sight triangle.

Commissioner Blundo

motioned to approve CU-2017-000043 and WV-2017-000058 based on findings and subject to the conditions of approval and adding the applicant works with Public Works and obtains approval. Seconded by Commissioner Lee.

Mr. Ehrheart

reviewed his staff report, staff is recommending approval of the applications. Staff has only one special condition of approval for the applications.

Commissioner Adams

asked if this project could be done in a neighborhood commercial zoning with a CUP. Cheryl Beeman stated adding on the car wash kicks this over into the General Commercial zoning.

Commissioner Adams

asked if there could be a condition that the outside lighting comply with the Neighborhood Commercial instead of the General Commercial.

Ms. Beeman

stated the sign sizes are based upon street frontage. NCC 17.04.050 provides the lighting requirements for all commercial zoning. It is only based on acreage, and 20 feet is the maximum height. They could always go lower if they would like.

Commissioner Hafen

asked for clarification that this would be the same in General Commercial as Neighborhood Commercial.

Commissioner Adams

asked if the sign height be a maximum of 10 feet.

Ms. Beeman

stated NCC has neighborhood commercial signs at a maximum 25 feet and General Commercial 35 feet and signs located directly across the street from planned or existing residential uses cannot exceed 10 feet. It is NCC and if they would like to exceed that then they would have to come in for a separate application.

Commissioner Koenig

asked staff if it is acceptable to have the building proposed splitting lot lines. Will they not be doing a merger-resubdivision map? There is nothing in the report stating that.

Ms. Beeman

stated it would have to go through a merger-resub. If it were to be built today they would have to build with respect to the current lot lines.

Commissioner Koenig

stated he would like a condition stating they would need to do specifically do that.

Ms. Beeman

stated yes. Scott Smith – representing Henry Neth.

Commissioner Adams

asked if the 10 foot sign is amenable to the applicant.

Mr. Smith

stated speaking for the client he doesn’t believe that would be acceptable for them. He doesn’t think Henry and the clients have spoken of that. They are just looking for approval of the project in general. Page 6 of 10

Commissioner Koenig

stated NCC says 10 foot and they have to abide by code and it isn’t up for discussion.

Ms. Beeman

stated or apply for a waiver.

Commissioner Hafen

asked for clarification that code states across the street from planned or existing.

Mr. Smith

asked if that was for General Commercial.

Commissioner Lee

asked if they have spoken to the utility company regarding the cost and location of the utility lines and the time frame to connect in.

Mr. Smith

stated he is unsure if Mr. Neth has spoken to them.

Commissioner Lee

asked for clarification that the property is located within an existing utility tariff area, so they wouldn’t need to annex in.

Mr. Smith

stated he believes so.

Commissioner Lee

asked if they have a tenant already lined up.

Mr. Smith

stated the people Mr. Neth is working with are buying the property with the intention to build.

Commissioner Lee

asked if the applicant was in agreement with the condition to do a merger- resubdivision map.

Commissioner Hafen

amend the addition of the special condition that they apply for a merger- resubdivision map and add a condition based on the discussion on the definition of start of construction, which is the pulling of a building permit.

Commissioner Blundo

stated he spoke with Mr. Neth earlier today and stated the business is a credible business and he got the impression that they are wanting to start the business and not sit on the project.

Commissioner Koenig

stated to staff he would like them to reach out and explain to Mr. Neth he needs to appear at the BOCC meeting these questions will come up again and they will need to be answered

Commissioner Adams

motioned to approve MP-2017-000007 and ZC-2017-000018 based on findings adding that they hook up to utilities, a merger re-subdivision map is to be completed and a building permit must be issued within 3 years, or the applications expire. Seconded by

Commissioner Hafen

asked for clarification that Commissioner Adams is recommending approval.

Commissioner Adams

stated yes. Page 7 of 10

Commissioner Koenig

asked for clarification that the applications expire after 4 years.

Commissioner Adams

stated three years.

Commissioner Blundo

asked for clarification that the motion that we are including the start of construction, 180 days for start of construction.

Commissioner Adams

stated yes, we are using the building permit as the start of construction. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Beth Lee, Gary Bennett, Gregory T. Hafen II, Leah-Ann DeAnda, Leo Blundo, Robert Adams. Absent: Derek Fowler.

Commissioner Hafen

turned the meeting over to Commissioner Adams and they will be continuing the meeting at Item #9.

Commissioner Fowler

is present and has left the meeting.

Commissioner Hafen

stated they all consider pulling a permit for construction not turning dirt, which expires in 180 days from the date pulled.

Commissioner Blundo

stated he has additional back up he would like to provide on the start of construction.

Commissioner Lee

motioned to accept additional back up supplied. Seconded by Commissioner Adams.

Commissioner Blundo

provided back up from Pinal County and a definition of Start of Construction from Casa Grande, Arizona.

Commissioner Lee

stated she is in agreement, start of construction should be defined as the issuance of the building permit, with the expiration date within 180 days or the permit expires. It falls in line with the Building Code.

Commissioner Blundo

asked staff what the time between the approval of the commission and the time frame they have to satisfy entering into a building permit. Do we give them one year?

Ms. Beeman

stated once they have gotten their approval they have to go through Site Development Plan Review and that can take a period of time to review. Once complete this, they can pull their building permits, once those are pulled their permit will track along that timeline.

Commissioner Blundo

asked if we need to direct staff to use a tiered system. One being 6 months, 18 months or 36 months to get the building permits.

Commissioner Hafen

stated that would be a case by case basis and be direction by staff as a condition. Zone change is written in the code for 3 years. Page 8 of 10

Commissioner Blundo

asked if they need to look at that and shorten timelines or be given status updates on these projects.

Ms. Beeman

stated if a project pulls a permit, they do have 180 days to get that going and they do have another 1 time request that is available for 180 additional days. Once it gets to the permitting stage, it is dependent on the applicant and their contractors.

Commissioner Koenig

stated the problem stems from the applicant that wants to do something that needs a CUP or WV for. We need to define what Start of Construction is. FEMA states the date the building permit is issued. After the building permit is issued they have 180 days to start construction. That is what we need to define is it putting a slab down, or putting a shovel in the dirt. That is what the board is giving the special situations.

Commissioner Hafen

stated a concern is some conditions on items are to hook up to a utility. That can take 6 to 9 months. Is extending the utility lines to their project start of construction or is start of construction when they build the building.

Commissioner Koenig

stated that depends on the project. But we need a definition or we can’t continue to provide people with approvals to do something when they don’t know what start of construction is.

Commissioner Hafen

stated they could say completion of construction within 2 years or complete phase one. A lot of this is a case by case basis.

Commissioner Adams

stated he is concerned with the speculative zone changes or CUPs that come back for extensions time and time again.

Commissioner Lee

stated she agrees that the speculative zone changes should be given for someone who is going to do a project. Just because it can be built or can be given that they should be. She is for the start of construction being the pulling of a building permit because by this time the developers have invested enough time and money that when they pull the permit the majority will proceed all the way through the project to fruition. The backup states start of construction but the Pinal County and FEMA definitions state the actual start of construction. Does that muddy the waters? Are we going to say the start of construction is the actual start of construction? Is the start of construction the pulling of the building permit or is the start of construction the actual start of construction which is digging a foundation and pouring concrete? They need to exercise discernment in their approvals. The issuance of the building permit is the way to go, there is already an expiration built into the building code. They don’t need to step into staff level reviews or processes.

Commissioner Hafen

asked if the inspection after 180 days that there is substantial definition for the building department to fully understand that just digging a hole isn’t appropriate.

Commissioner Lee

stated if we work with these definitions as a framework it excludes typical general things that can be done to a lot. You can get a grading permit before or in conjunction to a building permit.

Commissioner Adams

stated he would like staff to approve another extension if the applicant has shown a timely submittal to NDEP.

Commissioner Lee

asked staff for clarification that this would not typically apply to a residential property unless the property owner needed to apply for a waiver approval then that would be done on a case by case basis.

Ms. Beeman

stated correct. Page 9 of 10

Commissioner Koenig

stated instead of saying 1 year to start construction we may want to say 1 year to pour concrete or 1 year to put rebar down.

Commissioner Hafen

asked how long a building permit was good for, once they start construction.

Ms. Beeman

stated 180 days. They can get a onetime extension on that. They have to keep making progress and keep calling in inspections.

Commissioner Hafen

asked if there is a time frame to obtain a Certificate of Occupancy.

Mr. McKee

stated he hasn’t come across once, they have had projects carry on for years.

Commissioner Hafen

stated maybe they need to follow up with the start of construction as pulling a building permit. Maybe they need to address later stating after building permits, and the actual start of construction you have an X amount of time to obtain your C of O.

Commissioner Blundo

asked if the DA’s office has an opinion on this. Marla Zoltek stated they are still working on it and will get back to the board.

Commissioner Hafen

stated there is a consensus that they would like to see it related to pulling a building permit. They can deal with the C of O issue at a later date.

Commissioner Hafen

stated there is a special meeting on November 21st at 8:30 am and the next regular scheduled meeting is December 13th at 6:00 pm Start of construction language will be brought back.

Ms. Beeman

stated depending on how the case load is the Commercial Use Matrix is ready to come back for review. It is a use matrix based on the zoning ordinance.

Commissioner Blundo

would like a list of processes from applying for an application all the way to pulling the building permit at a future meeting for the commissioner’s knowledge.