August 5, 2008


Call to Order at 6:00 p.m.


Roll Call

Doug McKee, Chair
Teree Bergman, Vice Chair
Bill Adler, Commissioner
Clark Reddin, Commission

Ray Paolino, Commissioner
Joe Hornat, Commissioner
Scott Merry, Commissioner

Also Present:
K.C. Carter, Council Member
Sarah More, Planning and Zoning Director
Joe Andrews, Town Attorney


Call to the Audience opened and closed with no speakers.



MOTION:  Commissioner Reddin MOVED to approve the July 1, 2008, Planning and Zoning Commission minutes as presented.  Vice Chair Bergman seconded the motion.  Motion carried, 4:0.

MOTION:  Commissioner Adler MOVED to approve the July 10, 2008, Planning and Zoning Commission minutes as presented.  Commissioner Reddin seconded the motion.  Motion carried, 4:0.

MOTION:  Commissioner Adler MOVED to approve the July 15, 2008, Planning and Zoning Commission minutes, with a correction on page 8, under James Loughney's comments, changing the word "observed" to "preserved".  Vice Chair Bergman seconded the motion.  Motion carried with the correction, 4:0.


Update on the Development Review Process Changes.

Ms. More stated that staff is looking for ways to improve the development review process, allowing for more compatibility and flexibility. This will be brought back to the Commission as a discussion item in October, and then to Town Council.  If code changes were required, it would be brought back to Planning and Zoning.  Bayer Vella, Principal Planner, recently held a meeting with developers and HOA's and received support for this process.

Discussion followed regarding:
- Holding neighborhood meetings earlier.
- Developers more willing to do changes.
- Use of word "flexibility" encourages too much negotiation at Commission meetings.
- Better end product that saves time.


Discussion of Amendment Criteria, Approval Conditions,  Special Area Policies and communication of the Commission’s decision rationale to the Council relative to General Plan Amendments.   This discussion includes the process for developing approval conditions and/or special area policies.

Vice Chair Bergman stated that this agenda item came from a conversation between Commissioner Adler and herself on how the public hearings are progressing on the General Plan amendments. 

Discussion followed regarding:

- Clarify amendment criteria to have a more common basis for decision making. 
- Examples to illustrate criteria. 
- Respect of other commissioner’s opinions. 
- Better define the term "use".
- Criteria are not relative, but absolute. 
- Clarity so future commissioners will understand.
- Limitations on uses and appropriate degree.
- Equity - Land use law principal says like properties have to be treated alike.  Zoning law allows placing conditions on uses.  Overlays are allowed.  There is no similiar law for GP amendments yet.  Do like zoned properties need to carry the same zoning?
- Has character of area changed enough to warrant a zoning change?
- Limiting uses is a disservice to the community over the long run. 
- Communicating recommendations to Council:  
   1. Memo to Council including date of public hearing, number of people attending, issues raised, and why the arrived at the decision. 
   2. Include discussion in minutes of Commissioner's reasoning for vote, after motion is made, but before the vote to help public understand why vote went the way it did. 
   3. Chair could write a report to Council, from the Commission as a whole.
- GP give list of potential uses.  Still need zoning process to consider health, safety and welfare.
- During GP hearings, communicate expectations.
- How special conditions are created.
- Consider all GP visions, goals and policies before adoption of amendment.
- Have conditions in community changed enough to warrant an amendment?
- Meeting market demand.
- Look at land use percentages.


Discussion of Ex Parte Communication.

Attorney Andrews distributed a paper explaining Ex Parte.  The translation of "on one side only" could be stated to mean "not without the other party being present."  One of one discussion with applicants and citizens is discouraged outside of meetings, but if unavoidable, the conversation/information should be disclosed to other commissions are their meetings.  Encourage them to talk to staff, who will distribute their information to the Commission. 

- Business should be done in open meetings.
- Purpose of public hearings is so all can hear all the information. It is a fair process and everything is in the open. 
- Encourage public to come to the public hearings and share their concerns and opinions.
- Neighborhood meeting attendance is optional as all information is conveyed to the Commission.
- There are no Ex Parte requirements in State Statutes.
- Staff is not included in Ex Parte requirements because they need to be able to talk to the applicant to get the process done.


Future Agenda Items

- Upcoming GP Amendment public hearings:
Sept. 4, Arroyo Grande at Casas Church, 6:00 p.m.
Sept. 5, Rancho Vistoso Neighorhood 5 at 6:00 p.m., and Stone Canyon at 7:30 p.m., both held at Casas Church.
Sept. 11, Oracle/Hardy at Church of the Nazarene at 6:00 p.m.

-A special notice should be sent to all participants of last night's neighborhood meeting for Stone Canyon 9, giving the room and directions. The notice should also be put in the Vista.

- According to Planning and Zoning rules, election of Chair and Vice Chair are to take place at the first regular meeting in September.


Planning Update

- Three code amendments on public art, subdivision assurances, and landscape requirements, should go to the Planning and Zoning Commission in October. 
- After that would be GP process, NH meetings, and submittal requirements. 
-In 2005 during major commercial code changes, the consultant removed some requirements. A code amendment may have to be done to fix those changes. 
- There was a delay in getting out the RFP for ESLO, but it should be advertised within the next couple of weeks.  
- Discussions on preannexation process will be after the GP Amendments  go to TC.
- We have received input on Arroyo Grande from a study done by AZ Game and Fish.  They presented a wildlife workshop on how to take science and apply it to the real world.  Alternative maps will be available for consideration.  There will be 4 sections of development with the rest being open space.  Staff will be prepared to present a completely revised proposal at the next public hearing. 


Adjourn Regular Session

MOTION:  Commissioner Reddin MOVED to adjourn the Planning and Zoning Commission regular meeting.  Vice Chair Bergman seconded the motion.  Motion carried 4?0.  The meeting adjourned at 7:55 p.m.