[1. Call to Order NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Commission and to the general public that, at this regular meeting, the Commission may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).] [00:00:02] I'D LIKE TO CALL TO ORDER THE PLANNING AND ZONING COMMISSION MEETING OF WEDNESDAY, MAY 10TH, 2023, AND PURSUANT TO ARS38-43102 NOTICE IS HEREBY GIVEN TO THE MEMBERS OF THE COMMISSION AND TO THE GENERAL PUBLIC THAT AT THIS REGULAR MEETING THE COMMISSION MAY VOTE TO GO INTO EXECUTIVE SESSION, WHICH WILL NOT BE OPEN TO THE PUBLIC FOR LEGAL ADVICE AND DISCUSSION WITH THE CITY'S ATTORNEY FOR LEGAL ADVICE ON ANY ITEMS LISTED ON THE FOLLOWING AGENDA PURSUANT TO THE ARS38-431.03(A)(3). [2. Roll Call NOTE: One or more Commission Members may be in attendance telephonically or by other technological means. MARIE JONES, CHAIR CAROLE MANDINO, VICE CHAIR DR. RICARDO GUTHRIE BOB HARRIS, III MARY NORTON MARCHELL CAMP IAN SHARP ] I THINK WE'RE READY FOR ROLL CALL. CALL] SO AT THIS TIME, ANY MEMBER OF THE PUBLIC MAY ADDRESS THE COMMISSION ON ANY SUBJECT WITHIN THEIR JURISDICTION. THAT IS NOT SCHEDULED BEFORE THE COMMISSION TODAY DUE TO OPEN MEETING LAWS. THE COMMISSION CANNOT DISCUSS OR ACT ON ITEMS PRESENTED DURING THIS PORTION OF THE AGENDA TO ADDRESS THE COMMISSION ON AN ITEM THAT IS ON THE AGENDA. PLEASE WAIT FOR ME TO CALL FOR PUBLIC COMMENT AT THE TIME THE ITEM IS HEARD. IS THERE ANY PUBLIC COMMENT? [4. APPROVAL OF MINUTES Approval of the minutes from the regular meeting on Wednesday, April 26, 2023.] HEARING NONE, I WILL MOVE TO THE APPROVAL OF THE MINUTES FROM THE REGULAR MEETING ON WEDNESDAY, APRIL 26TH, 2023, IF I CAN GET A MOTION. I MOVE TO APPROVE THE MINUTES. OKAY, IS THERE A SECOND? I WILL SECOND. THANK YOU. SO, ANY DISCUSSION? ALL IN FAVOR, SAY AYE. AYE. OPPOSED, SAY NAY. THE MINUTES ARE APPROVED. [A. Recommendation for abandonment of a right-of-way located on property at 1400 W. Route 66. STAFF RECOMMENDED ACTION: City Staff recommends that the commission, in accordance with the findings, forward the request to abandon approximately 5,140 square feet of ROW between county assessor parcel numbers 112-04-009E and 112-04-002P, while reserving a public utility easement for existing and future utilities to the City Council with a recommendation of approval with the following condition: A PUE should be recorded concurrently with abandonment of the ROW.] SO MOVING ON TO ITEM FIVE, GENERAL BUSINESS. THERE'S RECOMMENDATION FOR ABANDONMENT OF RIGHT OF WAY LOCATED ON THE PROPERTY AT 1400 WEST ROUTE 66 , AND I WILL LET THE STAFF PRESENT. HOLD ON. OKAY, WE'RE JUST GOING TO GO LIKE THIS. GOOD AFTERNOON, COMMISSIONERS. MY NAME IS BRYCE DOTY. I'M THE REAL ESTATE MANAGER FOR THE CITY. TODAY WE'RE HERE TO DISCUSS A PROPOSAL TO ABANDON SOME RIGHT OF WAY THAT IS KIND OF SANDWICHED SANDWICHED BETWEEN TWO PARCELS OF COMMON OWNERSHIP THAT THE APPLICANT HAS APPLIED FOR A DEVELOPMENT TO DEVELOP A HOTEL ON. HERE'S WHERE WE'RE AT IN THE CITY. SO WE'RE JUST OFF OF 66 WHERE THE YELLOW STAR IS. HERE'S THE AERIAL VIEW. SO AS YOU CAN SEE, THE APPLICANT ACTUALLY OWNS TWO OF THE PARCELS TO THE EAST AND THEN THE PARCEL TO THE WEST AND THE INITIAL PLAT FOR THIS PARCEL WAS PLATTED WITH A 20 FOOT RIGHT OF WAY THAT DOES HAVE EXISTING UTILITIES AND SOME OVERHEAD LINE, BUT IT WAS NEVER DEVELOPED FOR ANY PUBLIC ROAD PURPOSES OR ANYTHING LIKE THAT. THE APPLICANT SO HERE'S WHERE WE'RE SHOWING THE EXISTING INFRASTRUCTURE. YOU CAN KIND OF SEE THE GREEN IS THE SEWER LINE THAT'S CURRENTLY EXISTING IN THE RIGHT OF WAY. YOU CAN KIND OF SEE THE FAINT OUTLINE OF THE OVERHEAD POWER LINES. AGAIN, JUST KIND OF MORE VISUALS, TRYING TO SHOW YOU WHAT THE SITE LOOKS LIKE. HERE'S THE GOOGLE IMAGE OF. SO YOU'RE LOOKING NORTH OFF OF 66 AND THE SPACE BETWEEN THE TREES IS WHERE THE RIGHT OF WAY IS, AND YOU'RE LOOKING SOUTH ON THE OTHER SIDE OF THE PARCELS, AND THIS IS WHAT SO WE DO HAVE AN [INAUDIBLE] TITLE SURVEY ON THIS AND THIS IS WHAT THE TITLE REPORT SHOWS, AND THIS WAS PUT ON THIS SURVEY. IT REALLY IS JUST DEDICATED FROM THE ORIGINAL PLAT. WHEN THE APPLICANT CAME IN FOR SITE PLAN REVIEW, THE RECOMMENDATION WAS INSTEAD TO DEVELOP YOUR YOUR TWO PARCELS WITH THIS BISECTING IT. [00:05:09] IT WAS MORE EFFICIENT FOR EVERYBODY TO KIND OF REARRANGE THEIR SITE PLAN, ASSUMING THAT THIS WOULD BE ABANDONED, AND SO YOU'VE GOT THIS IS THE APPROVED SITE PLAN. SO REALLY WHAT INSTEAD OF USING THIS FOR ANY KIND OF SURFACE NEED FOR THE PUBLIC TRAFFIC SAID WE DON'T NEED TO DO THAT. INSTEAD THIS IS GOING TO BECOME--IF ABANDONED--PART OF THE DRIVEWAY AISLES AND PARKING FOR THE NEW DEVELOPMENT, WHICH IS A HOMEWOOD SUITES ON THE EAST SIDE OF THE PARCEL. SO THESE TWO PARCELS WOULD BE UNIFIED, AND IN EXCHANGE FOR ABANDONING THE RIGHT OF WAY, WE WILL RESERVE ANY OF THOSE PUBLIC UTILITY USES WITHIN THE SAME AREA. SO THEY ARE GOING TO DEDICATE OR RESERVE A PUBLIC UTILITY EASEMENT WITH FOR THOSE EXISTING UTILITIES. THEIR SITE PLAN DOES CALL FOR ADDITIONAL UTILITIES THAT WILL GO IN THERE AS WELL, AND SOME UNDER-GROUNDING OF THOSE OVERHEAD LINES. SO FROM THAT PERSPECTIVE, ALL THE UTILITY COMPANIES WERE ASKED ABOUT THIS. WE RECEIVED UTILITY CLEARANCES AS LONG AS THEY COULD STILL ACCOMMODATE THE EXISTING USES , AND THAT'S THE JUST THE DEPICTION OF WHAT WE WOULD ABANDON IN EXCHANGE FOR A PUBLIC UTILITY EASEMENT. STAFF RECOMMENDS THAT BECAUSE THERE ARE NO NEEDS FOR FOR SURFACE USE ON THIS FROM THE CITY PERSPECTIVE AND IT MAKES FOR A MORE EFFICIENT DEVELOPMENT. WE RECOMMEND THAT WE ABANDON THE RIGHT OF WAY TO THE APPLICANT. SO, AS PART OF THAT PROCESS, WE DO HAVE TO GO TO P AND Z FOR ANY ABANDONMENTS, AND SO WE'RE ASKING RIGHT NOW AT THIS TIME FOR A RECOMMENDATION THAT WE WOULD THEN TAKE TO COUNCIL FOR FORMAL ABANDONMENT, AND THAT'S ALL I'VE GOT. I'M AVAILABLE FOR ANY QUESTIONS. BOB. SO IS THERE ANY PAYMENT IN EXCHANGE FOR THIS PROPERTY, OR WAS IT ORIGINALLY OWNED BY THE CITY? IT IS OWNED BY THE CITY. SO THE RIGHT OF WAY WAS DEDICATED TO THE CITY AS PART OF ABANDONMENT. WE DO HAVE TO CONSIDER CONSIDERATION. WE CAN'T JUST GIVE THINGS AWAY. YOU KNOW, WE WERE THINKING THAT IT WAS SINCE WE DIDN'T HAVE ANY SURFACE NEEDS, IT MIGHT BE NICE JUST TO RESERVE EXISTING USES AND BE ON OUR WAY. WE WILL NEED TO GET SOME KIND OF COMPENSATION FOR THIS AND YOU CAN KIND OF TAKE INTO CONSIDERATION THE FRACTIONALIZATION OF THE PARCEL. SO AT COUNCIL, I WILL PREPARE KIND OF A MARKET ANALYSIS OF WHAT I THINK THAT VALUE IS. I DON'T THINK THERE IS A LOT OF VALUE TO IT FROM THE CITY'S PERSPECTIVE, CONSIDERING THAT WE DON'T HAVE ANY FUTURE IDENTIFIED USES FOR IT AS A THOROUGHFARE , AND THEN YOU MENTIONED ALL THE UTILITIES ARE GOING TO BE RELOCATED UNDERGROUND. SO THERE'LL BE NO OVERHEAD. CORRECT, OF THOSE EXISTING UTILITIES, AND THERE'S ONE EXISTING SEWER LINE AND THEN OVERHEAD POWER AND CABLE TELEPHONE. EXACTLY, AND THERE IS NATURAL GAS IN THERE, TOO. ANYBODY ELSE HAVE QUESTIONS? MY ONLY COMMENT IS I SEE ALL THOSE LOVELY TREES THAT ARE GOING TO BE CHOPPED DOWN. DARN IT. [CHUCKLING] NOTHING TO DO WITH THIS, BUT I'M SAD. I BELIEVE THIS PARCEL IS IN THE RESOURCE PROTECTION OVERLAY. I'M NOT SURE, BUT THIS IS THE PROPOSED DEVELOPMENT HERE IS BY RIGHT, BUT THEY WILL HAVE TO MEET THOSE RESOURCE PROTECTIONS SO SOME TREES WILL MAKE IT OUT OF THIS. THANK YOU. [CHUCKLING] LOOKS LIKE YOU GOT A LOT OF TREES ON THE EAST SIDE THERE, MARY. SO IT LOOKS LIKE ALL THE DEVELOPMENT IS TO THE EAST OF THE EASEMENT. WHAT'S PLANNED TO THE WEST OF THE EASEMENT? TO THE WEST IS THE PARKING NEEDED FOR THE DEVELOPMENT. I KNOW WHAT YOU COULD EXCHANGE, MAYBE THEY HAVE A MEETING HALL, AND IF YOU NEED A MEETING PLACE, THEY COULD EXCHANGE IT THAT MAYBE BE AIR CONDITIONED AND WHERE EVERYBODY CAN FACE FORWARD. [CHUCKLING] OKAY, BOB. IT'S HARD TO SEE. I ASSUME THERE'S GOING TO BE SOME CURB AND GUTTER IMPROVEMENTS ALONG THAT. SO IT IS KIND OF HARD TO SEE ON THIS. SO REALLY THAT OUTLINE OF THAT EXISTING RIGHT OF WAY, THAT'S NOT GOING TO BE--THEY'RE NOT GOING TO USE THAT FOR PRIVATE ROAD. THEY'RE REALLY JUST GOING TO MAKE THAT. SO IF YOU CAN SEE MY--SEE IF YOU CAN SEE MY CURSOR. SO THERE'S YOUR CURB CUT OFF OF 66. SO THAT'S WHERE THE ROADWAY IS GOING TO GO AND THE PARKING STALLS ARE KIND OF THOSE TWO TIERED PARKING STALLS BEHIND IT. [00:10:02] SO REALLY THERE IS GOING TO IT'S JUST GOING TO LOOK LIKE PARKING LOT OR WITH THE CURBS AND THE STALLS KIND OF PAINTED IN THERE, BUT THEN ALONG ROUTE 66 THAT ALL BE IMPROVED ALL THE WAY TO THE LIGHT, THE INTERSECTION. PART OF THE DEVELOPMENT OF THIS SITE, I BELIEVE, IS THE REQUIREMENT TO IMPROVE 66 ALONG THEIR FRONTAGE. WILL THAT INCLUDE WIDENING AS WELL OR JUST CURB GUTTER AND SIDEWALK? I BELIEVE STAFF HAS TOLD THEM THAT THEY NEED TO PROVIDE THE TWO TRAVEL LANES AS WELL AS A RIGHT HAND TURN LANE INTO THE DEVELOPMENT. MARY, DO YOU HAVE A QUESTION? I WAS JUST WONDERING, ISN'T THAT WHERE ROUTE 66 KIND OF PINCHES DOWN? SO THEN THAT WOULD BE TWO LANES PAST THE PROPERTY AT LEAST. IS THAT WHAT THEY'RE THINKING? THEY'RE ONLY RESPONSIBLE FOR IMPROVING ALONG THEIR FRONTAGE. I'M NOT SURE WHERE THAT LIES AS FAR AS THE EXTENT OF THE PINCHING, BUT IT SHOULD HELP BRING THAT LENGTH OF 66 TO A MORE CONSISTENT WITH A MORE SMOOTHER MERGE PER SE, AND THEN JUST CURIOUS, SO THE ORIGINAL RIGHT OF WAY WAS THAT JUST INTENDED FOR ACCESS TO EITHER OF THOSE PARCELS? SHOULD THEY HAVE BEEN DEVELOPED SEPARATELY? WAS THAT GENERALLY WHAT WOULD HAVE BEEN INTENDED AT THE TIME? IT'S A GOOD QUESTION. I, YOU KNOW, WE DO HAVE TITLE REPORTS FROM THIS SHOWING THAT WHERE WE PURPORTEDLY GOT THIS INTEREST, IT LOOKS LIKE THERE WAS AN ALLEYWAY ON THE ADJACENT NORTHEAST PLAT THAT THIS WAS KIND OF THE EXTENSION OF WHETHER IT ACTUALLY MADE IT ONTO THE PLAT OR NOT, I COULDN'T REALLY CONFIRM, BUT SO IT APPEARED TO BE JUST AN EXTENSION OF AN EXISTING ALLEYWAY, WHICH I DON'T HAVE IT ZOOMED. YEAH SO ON THAT OTHER PARCEL UP HERE, SO THIS WAS JUST ALLEY BEHIND THESE HOUSES AND I THINK THEY JUST EXTENDED IT DOWN UNTIL IT HIT 66. WELL, ACTUALLY, WITH THAT, I KNOW HOW SHORT THAT RIGHT LANE IS. IT'S REALLY SHORT. SO HOPEFULLY THAT WILL IMPROVE THAT A LOT, AND THEN IF THEY HAVE TO DO A SLIP LANE, THAT'LL HELP AS WELL. SO THAT SLIP LANE TO THEIR PROPERTY. THE ONE THING I WAS CURIOUS ABOUT. SO THERE'S GOING TO BE AN EASEMENT NOW OVER WHAT AMOUNTS TO THE CITY'S SEWER LINE. CORRECT, AND THEN THERE'S GOING TO BE PARKING AND CONCRETE OVER THAT. SO IF FOR SOME REASON THE CITY I'VE HAD TO GO IN AND DO ANYTHING TO THE SEWER, HOW DOES THAT GET ADDRESSED AS FAR AS DESTROYING WHATEVER PARKING IS THERE AND THEN REBUILDING IT? IS THAT ON THE CITY? GENERALLY WITH IMPROVEMENTS, YOU KNOW, YOU'RE NOT ALLOWED CERTAIN IMPROVEMENTS OVER OUR EASEMENTS, BUT FOR EXISTING IMPROVEMENTS OVER THEM, IF WE DO NEED TO GO IN THERE FOR REPAIRS, WE'RE RESPONSIBLE FOR RESTORING IT TO EXISTING CONDITION. ALL RIGHT, ARE THERE ANY MORE QUESTIONS? I DON'T KNOW IF ANYBODY ONLINE HAS A QUESTION. HEARING NONE. IF ANYBODY WOULD LIKE TO MAKE A MOTION. SO STAFF IS LOOKING FOR A RECOMMENDATION FOR COUNCIL. SO YOU COULD START WITH VERBALIZING WHAT YOUR RECOMMENDATION TO COUNCIL IS, IF IT'S A RECOMMENDATION FOR APPROVAL OR RECOMMENDATION FOR DENIAL. SO IT'S JUST NOT A CASE NUMBER. I THINK I'M NOT SURE HOW BRYCE'S ITEMS ARE NUMBERED. OKAY, I RECOMMEND THAT WE FORWARD THIS TO CITY COUNCIL FOR APPROVAL IN ACCORDANCE WITH THE FINDINGS. IS THERE A SECOND? I'LL SECOND THE MOTION. OKAY, THANK YOU. IS THERE ANY DISCUSSION? WE PROBABLY NEED TO ADD THAT THERE WAS A CONDITION. [00:15:04] PRESENT IN THE RECOMMENDATION FROM STAFF. BOB, IF YOU WANT TO DO THAT. AND WITH THE CONDITION THAT THE PUE BE RECORDED CONCURRENTLY WITH THE ABANDONED RIGHT OF WAY. THANK YOU. IAN, YOU WANT TO RE-SECOND THAT? I WILL GLADLY RE-SECOND THAT. OKAY, ANY OTHER DISCUSSION? HEARING NONE. ALL THOSE IN FAVOR OF THE MOTION SAY AYE. AYE. ALL THOSE OPPOSED? THE MOTION CARRIES. [6. OTHER BUSINESS A. Select a Commission member to serve on the Board of Adjustments.] SO OTHER BUSINESS IS TO SELECT A COMMISSIONER TO SERVE ON THE BOARD OF ADJUSTMENTS , AND CAN I ASK FOR A VOLUNTEER? WE ALSO HAVE THE STAFF LIAISON TO THE BOARD OF ADJUSTMENTS IS HERE. OKAY. I DON'T KNOW IF SHE WANTS TO GIVE A LITTLE PITCH OF ALL THE FUN AND EXCITEMENT THAT LIES AHEAD OF SAID VOLUNTEER. GREAT. THANK YOU SO MUCH, P AND Z LIAISON. SO, BOARD OF ADJUSTMENT IS SUPER EXCITING. THEY TECHNICALLY HAVE A VERY SIMILAR SCHEDULE TO PLANNING AND ZONING COMMISSION, EXCEPT THEY MEET EARLIER IN THE DAY. SO GENERALLY THAT SAME WEDNESDAY SCHEDULE. I WILL TELL YOU THAT THE BOARD OF ADJUSTMENT MET FOR A WHOLE WHOPPING ONE TIME LAST YEAR. THEY PRIMARILY HEAR VARIANCES. SO THAT TELLS YOU THAT FOR THE MOST PART OUR ZONING CODE IS WORKING, SO THAT'S GOOD NEWS. SO THEY HEAR VARIANCES, REQUESTS FOR MODIFICATIONS OR STANDARDS FROM THE ZONING CODE. THAT'S THE PRIMARY REASON THEY ARE ALSO AN APPEALS BOARD. SO SHOULD SOMEBODY WANT TO APPEAL A STAFF DECISION OR A DECISION BASED ON THE ZONING CODE, THEY WOULD TAKE THAT TO THE BOARD OF ADJUSTMENT AGAIN. WE HAVEN'T HAD A WHOLE LOT OF THOSE OF THE ONES WE HAVE HAD. THEY WERE BIG, BUT THEY'RE MORE FEWER AND FAR BETWEEN. SO THAT'S MY BIG SELLING POINT IS IT'S NOT A HUGE TIME COMMITMENT, ALTHOUGH WE DO HAVE A VARIANCE COMING UP HERE SHORTLY. SO ALL THE REASON TO PUSH FOR GETTING A NEW MEMBER. THANK YOU, AND THE MEMBER WOULD DO WHAT THE MEMBER WOULD SERVE AS A REGULAR MEMBER OF THE BOARD OF ADJUSTMENT. SO ALEX MARTINEZ WAS OUR LAST REPRESENTATIVE AND WHEN HE WENT OFF THE COMMISSION, WE ALSO LOST HIM ON THE BOARD OF ADJUSTMENT. SO THE BOARD OF ADJUSTMENT IS ALSO QUASI-JUDICIAL. THEY CAN ONLY BE APPEALED TO SUPERIOR COURT, WHERE YOU ALL CAN BE APPEALED TO THE TO BASICALLY CITY COUNCIL. SO IT'S A SLIGHTLY DIFFERENT FLAVOR. NOW IT SOUNDS MORE FUN. [CHUCKLING] MAYBE IT'S MORE POWER. IS ANYBODY INTERESTED? I'LL THROW MY HAT IN THERE. SO BOB HARRIS, THE THIRD--NOT THE SECOND, BUT THE THIRD--IS INTERESTED. IS THERE ANYBODY ELSE INTERESTED BEFORE WE APPOINT BOB? HEARING--OH, WAIT. OH, DO WE NEED A MOTION? OKAY, SO, IAN. I WOULD MOVE TO APPOINT BOB HARRIS, THE THIRD TO THE BOARD OF ADJUSTMENTS. IS THERE A SECOND? I WILL SECOND THAT. IS THERE ANY DISCUSSION? HEARING NONE. THANK YOU, BOB. YEAH, THANK YOU SO MUCH. YOU GET TO BE A JUDGE NOW, HUH? [CHUCKLING] ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. THE MOTION CARRIES. CONGRATULATIONS, COMMISSIONER HARRIS. [7. MISCELLANEOUS ITEMS TO/FROM COMMISSION MEMBERS] NEXT ON OUR AGENDA IS MISCELLANEOUS ITEMS TO AND FROM COMMISSION. DOES THE STAFF HAVE ANYTHING? I HEAR THERE'S SOME VACANCIES IN YOUR STAFF. I AM HIRING. I HAVE AN OPEN ASSOCIATE PLANNER POSITION. IT CLOSES NEXT FRIDAY. YEAH, JUST IN CASE ANYBODY'S INTERESTED, AND THEN YOU CAN'T SERVE ON THE COMMISSION. I'M SORRY. I'M BEING VERY SELF-FOCUSED RIGHT NOW. BECKY RECENTLY LEFT THE CITY, AND SO, YES, WE DO HAVE A DEVELOPMENT SERVICES [00:20:05] MANAGER WHO WILL BE THAT WILL BE AN OPEN POSITION WITH THE CITY. SO ANYONE WHO WANTS TO COME JOIN TEAM FLAGSTAFF, LOTS OF OPPORTUNITIES. I HEAR FIRE IS HIRING TOO. SO YOU COULD BE A FIREFIGHTER? OH, YEAH, THEY'D WANT ME. [CHUCKLING] ALL RIGHT, ANYTHING ELSE TO AND FROM COMMISSION? ARE WE GOING TO HAVE A SUMMER GET TOGETHER SINCE WE DIDN'T HAVE A HOLIDAY GET TOGETHER? YES, SHE IS UNRELENTING. YES, WE CAN HAVE A GET TOGETHER. I'LL JUST KEEP PROMISING YOU AND THEN, AND THEN WE WON'T HAVE IT. [CHUCKLING] THAT'S IT, OKAY, SO IF THERE'S NO OTHER BUSINESS BE TO AND FROM COMMISSIONER MEMBERS, WE ARE ADJOURNED. THANK YOU. THANK YOU. THANK YOU. * This transcript was compiled from uncorrected Closed Captioning.