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HomeMy WebLinkAbout1979-06-22 City Council Regular MinutesPUBLIC HEARING JUNE 22, 1979 A Public Hearing of the city Council of Apache Junction was held on the 22nd day of June, 1979 at the Apache Junction City Hall, pursuant to notice as required by law. The Public Hearing was called to order by Mayor Virginia Seeman at 7:00 P.M. on the Proposed Planning and Zoning Ordinance. ROLL CALL Councilmembers present:Mayor Virginia Seeman, Vice -Mayor John Granillo Thomas Damiano, and Jimmy Eidson. Councilmembers absent: Staff present: Jerry Burgess, Norman Hill and Marie Shanks Susan Goodwin, Assistant City Attorney Isabel C. Ballard, City Clerk Mayor Seeman called upon Susan Goodwin, Assistant City Attorney, to explain the Public Hearing and the purpose thereof. Assistant City Attorney, Susan Goodwin explained the proposed Planning and Zoning Ordinance and that before the City can rezone or adopt a Zoning Ordinance. the City must hold Public Hearings for the purpose of public participation. Miss Goodwin further explained that there will be no decisions made, although the City Council will be listening to the public comments. Miss Goodwin explained that the proposed Zoning Ordinance is a modification of the Pinal County Zoning Ordinance, and the purpose the City Council has taken this ordinance into consideration in the:interimperiodI prior to the General Plan.She further explained the process that City Council must go through with the General Plan, and then designed the Ordinance to the General Plan. Miss Goodwin explained that the City will be enforcing the Zoning Ordinance instead of the County; the City will have it's own Board of Adjustments; it's own Planning and Zoning Commission; it's own Zoning Administrator commencing on July 1, 1979. Miss Goodwin explained the difference between the Pinal County Ordinance and the proposed ordinance lie in the fact that there are differences between Title IX which governs cities and Title Xi which governs counties.There are minor differences in the name of the person who handles the day to day affairs of zoning; the County is a Zoning Inspector and the City is a Zoning Administrator. There is a slight difference in the Boards of Adjustments and in enforcement. The differences are more in form than in substance and basically they are the same kind of enforcement procedures as the County. Miss Goodwin explained that a major change is proposed and the City Council has included that change in the hearing on the proposed change in CR-3 zoning. The CR-3 zoning was requested by the Palm Springs Homeowner's Association and they originally, most of which were not within the powers of the City under Title IX, however those requests were modified. c.Pages 28 and 29 would be replaced with 28A and 29 if those changes are to be adopted. PUBLIC HEARING June 22, 1979 Page 2 Mayor Seeman opened for comments from the public. Mr. Clark T. Parks (Cookie) explained that there should be a better definition of spot zoning such as "not compatible to the area, or the existing life zoning, not any extension of the existing zoning district." Mr. George Baljo representing the Palm Strings Homeowners' Association, spoke on Article 23 and suggested adding sections 23 and 29 to read "restrictions and creation of CB -2, CI -1 zoned immediately adjacent to any CR or TH zone. The open space zone will be created between any CR or TH zone and a CB -2, CI -1 and CI -2 zone would provide a sound, sight and smell barrier for all residential zoning.Mr. Baljo requested the change be made from CR-3 zoned single family residential and explained it and to consider the lots of record or under 7,000 feet which is a change from the orginial and change to 50% also of the buildable area. Mr. Joe Saggio advised the Council to be very cautious of the recommendations made by Mr. Baljo and said he thought there should be more input after the public is aware of some of the problems.He said many of the ideas are good and can be implemented but there are going to be some very serious legal questions to be answered and urged that we adopt what we now have and work toward others through the Planning Advisory Board and the other Planning and Zoning divisions to see what we can come up with after a long, careful study. Mr. C. T. Parks (Cookie) said he felt that there was a place for Mr. Baljo's recommendation, possibly as CR-6 as a separate new type of zoning and he also spoke on condemning buildings. Mr. Don Nesser explained that there was no minimums on building sizes until now and we should establish them now and get some minimums put on or it could be months before anything is developed. Mr. Joe Saggio asked how would GR zoning break down an acre and a quarter to a minimum size building, and answered that it would be 7000 feet. Mr. C. T. Parks asked Mr. Baljo if Palm Springs is all one subdivision. Mr. Baljo answered that the area CR-3 is primarily all one subdivision but also a TH subdivision and the residential area CR-3 is fairly self-contained. Mr. C. T. Parks pointed out that there is already one house being constructed that doesn't meet the minimum. Mr. Sam Gardom commented that there was a lot of construction and a run was made to get cheap permits issued before July 1st and there are very few old houses in Palm Springs that do not meet the requirements.The City has a chance to do something about it and should do it now. Mr. Carlson said he disagreed with Mr. Saggio and if we don't adopt some type of building codes now why did we vote for a city in the first place and there is no logic in becoming a city if we aren't going to stop what is happening. Mr. Morrison said that he backed the incorporation and asked if the city can cancel the county permits as of July 1st and re -issue city permits. PUBLIC HEARING June 22, 1979 Page 3 Susan Goodwin,Assistant City Attorney, explained that the County will send everything to the City and the City will pick up from there. Mr. Roger Hall commented that if there are no restrictions on zoning it will not give us the control, with zoning and building control, it will also increase our tax base. Mr. Harvey Morrison commented on large animals and suggested that the clause should be changed on keeping large animals, such as horses, when the lot is sold, the purchaser should be disallowed large animals. Mr. Virgil Johnson suggested a better definition on modular homes. Mr. Joe Saggio commented that people ought to be able to build a small house within their means if they wish, and to let them (Palm Springs Homes Owners Association) petition for their area after July 1st. Mr. Saggio emphasized the probable lawsuits and legal problems. Mrs. Eleanor Zenley commented that she brought a lot in Palm Springs 10 or 12 years ago and is at the mercy of the people coming in and building what- ever they want and hoped the city will have some restrictions on building. Mr. Clarence Zenley said he agreed with Mr. Baljo and other in favor of CR-3 and not just for Palm Springs that it was up to the Counci to listen to the voices of the people and not be swayed by small groups with ulterior motives. Palm Springs has some 800 lots now with 300 houses already built and event- ually there will be 800 homes built. This is a good slice of the Apache Junction population and be put in the Code for the people to appeal for small homes. Virgil Johnson asked if we adopted this how it would affect the present homes that are very small. Susan Goodwin, Assistant City Attorney, explained that no vested rights would be taken away by what we adopt as of July 1st. Mr. Joe Saggio said that the statements heard tonight were just on Palm Springs and 12 square miles of Apache Junction. The comments should represent the entire area. Councilman Eidson asked if it would be feasible to pass the zoning ordinance as is and add a section later to cover the request of Palms Springs Home Owners Association. Susan Goodwin replied that the ordinances are being amended to allow for planned development and we cannot zone for one area, but can zone for planned area development if the City wished to have an ordinance to provide for it. Mr. Harvey Morrison asked if the Council passes the proposedi,zoning Ordinance how long would the City have to live with it. Susan Goodwin explained that the document can be amended at any time.By statue the City can put together a general plan and zoning ordinance is built around it.A general plan takes six months or so and is not meant to be in existence for more than a year. PUBLIC HEARING June 22, 1979 Page 4 Mr. William Nunn commented that he felt the City could live with the Ordinance providing it is strictly enforced. Earl Labbs spoke on controlling licenses for builders that are unlicensed or Apache Junction will not get the sales tax and there should be more controll placed on permits. Mr. Harvey Morrison commented on the 50% of the people are needed to approve a petition which is ridiculous when City has representatives to do this and to stop unused permits.If the building is not started by July 1st, then it should be cancelled. There should be some reasonable action on this now. Being there were no further comments from the public, Mayor Seeman closed the Public Hearing at 9:00 P.M. ATTEST: City Clerk Virgin'a Seeman Mayor