Show Low Planning and Zoning Commission Approves Four Development Items Unanimously; Paradise Acres Apartment Expansion Heads to City Council

The City council meeting, Arizona. Proprietary. The The The The The The The The The The No, this is awesome! It is incredible ... This is the best of things to eat I think it is true Please make me think about Can see in our box We also have the best to get To get to learn I simply love Then by about The The The The The The The Placer etc The I call to order this regular meeting of the Show Low Planning and Zoning Commission for Tuesday, October 13, 2026.

Roll call shows that Commissioners Barlow, Wilson, Adams, and Clark are present with Commissioners Whipple, Schneff, and McGregor absent this evening, but we do have a quorum. Next, we'll have the invocation given by Commissioner Adams, followed by the Pledge of Allegiance by Vice Chair Wilson. If you'd like to join us, please stand. Our Father in heaven, we're thankful for the opportunity to have to gather here on this beautiful Tuesday evening.

We're thankful for this wonderful community that we live in, and we're thankful for the time we have to spend with one another. We ask that that would bless us, that we could be mindful of the things that would be beneficial to our community and our citizens, and then we might be inspired to act accordingly.

We're also very grateful for the moisture that has fallen upon our land, and if it be thy will, we ask for more that our forests and the rest of our lands might be nourished and brought back to health. Thanks for the many blessings we have, and we say, in his name, Jesus Christ, amen. If you join me in the pledge, I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Moving on to item five on the agenda, new business and item A under new business is public hearing consideration of zone change request 605-03-107C submitted by Ryan Ellsworth of Paradise Acres LLC to amend the current zoning conditions on the property located at 70760 North 4th Ave. I have more particularly described as APNs 210-04-031-033-042-044-032A, 37A, 39A, 45A, 46A, 49A, and 5050A. And I'll turn it over to Ms. Salim for the staff summary report. Thank you chairman.

Ryan Ellsworth or Paradise Acres LLC has submitted an application requesting to amend current zoning conditions on property located at 700 and 760 North Avenue, more particularly described as APN's 210-04-031-033-042-044-032A. 037-039-045-046-049-050A. Sorry, that's a lot. The purpose of this- You should have just said it was all the ones that I said. I wish.

The purpose of this request is to amend condition 8 of ordinance 2021-07 to increase the total number of apartments allowed from 58 units to 66 units. All other zoning conditions of Ordinance 2021-07 would remain unchanged. On November 16, 2021, the city council adopted Ordinance 2021-07. Condition 8 of Ordinance 2021-07 limits the project to a maximum of 58 apartment units. Originally, the project was proposed to consist of 58 units and 9 buildings.

Phase 1 is complete, consisting of 4 buildings with 32 units. For Phase 2 the applicant is requesting an increase of 8 units and a decrease from 4 buildings instead of 5 The originally proposed 2 northern buildings will be merged into a single 16 unit building Phase 2 will contain 34 units in total. These buildings will be set back 50 feet from the west side property line, 22 feet from the south side, 27 feet from the east side, and approximately 115 feet from the north side.

The neighborhood meeting was held by the applicant on September 9, 2026. No neighboring property owners attended. Conceptual site plans and the proposed combined fourth building have been submitted for review. Official building plans have been submitted for the first three buildings of Phase 2. The findings of fact.

Ryan Ellsworth of Paradise Acres LLC has submitted an application requesting to amend current zoning on property located at 70760 North 4th Ave, more particularly described as APN's 210-04-031-033-042-044-032A-037A-039A-045A. 05A-046A-049A-050A. The purpose of this request is to amend condition 8 of ordinance 2021-07 to increase the total number of apartments allowed from 58 units to 66 units. All other zoning conditions from ordinance 2021-07 would remain unchanged.

The submitted conceptual plan indicates a total of eight buildings containing a total of 66 apartments. The subject property is approximately 4.8 acres or 209,464 square feet in size. City code allows for a maximum density of one apartment per 2,500 square feet of land area. The maximum density for this property would be 82 units. Phase one of the project is now complete. The first three buildings each contains seven units and one contains 11 units resulting in a total of 32 apartments.

Phase two of the project is proposed to change from five apartment buildings to four apartment buildings. Three of the buildings will have six units and the fourth building will have 16 units for a total of 34 apartments.

The zoning of the surrounding properties include North R17 single-family residential 7,000 square feet, South MH manufactured homes, East MH manufactured homes, R17 single-family residential 7,000 square feet, and R27 single-family and multi-family residential 7,000 square feet. West R17 single-family residential 7,000 square feet. The land uses of the surrounding properties include North, Show Low Junior High School and Auditorium, South, East, West, Residential.

Transmittal memos were sent to all effective agencies. No applicable comments received. The applicant held a neighborhood meeting to explain the project to neighboring residents. No one attended other than the applicant and two staff members.

After reviewing the findings of facts, discussions with the applicant, the zoning ordinance, and because the request is consistent with the City of Show Low general plan, staff recommends that the Planning and Zoning Commission approve the request submitted by Ryan Ellsworth of Paradise Acres LLC to amend the current zoning condition on property located at 70760 North Avenue, 4th Avenue, more particularly described as APN's 210. You don't need to read those again. Okay, thank you.

And forward this recommendation to the city council subject to the following conditions. All development shall comply with all applicable federal state and local requirements. Development shall comply with R27 single family and multi-family residential 7,000 square feet requirements, including open space and screening requirements from adjacent properties. The required screening shall be constructed prior to the commencing to commencing construction constructing the adjacent buildings.

The property shall demonstrate substantial conformance with the submitted site plan, including setbacks from adjacent properties. The developer shall install sidewalks and curb or other pedestrian way on the west side of 4th Avenue as designed and determined by the city engineer with the city responsible for drainage in the public right of ways and developer responsible for all drainage issues on the interior of the city.

No windows shall be placed on the second stories looking overlooking the west property boundary Parking areas shall be paved and lit in accordance with city code All manufactured homes mobile homes and similar dwelling units located west on the west property boundary shall be removed within two years for the date of approval of this zone change. Any additional extensions to the timeframe will be required city will require city council approval with notice provided to the neighbors.

The project shall be restricted to a maximum of 66 apartment units. Painted or stained solid masonry or concrete fencing shall be required around the perimeter of the project with vegetative screening consisting of a minimum of five bushes or four and four trees per building substituting for the required wall on the east side of the subject property along North 4th Ave. The required solid masonry or concrete fencing along the west and south property lines shall be installed by July 1st of 2022.

The applicant, staff, and Director Traskis are available for questions. Thank you, Ms. Celine. I'll open it up to any commissioners who have questions for staff. Mine might be more for the applicant, but are any of these workforce or, you know? Yes, actually this project does qualify for the workforce housing incentives. The applicant has applied for those and we're in discussions with them exactly how that's going to work and play out, particularly with public infrastructure.

But as far as qualifying for workforce housing, it does meet the requirements. Thank you. Any questions for the applicant? Yes. If the applicant would come forward, just state your name and address for the record, please. My name is Ryan Eldworth. I live at 1301 East Whipple here in Shullow. I don't know if it's more questions or I sat on council when you were moving the trailers or trying to get the trailers out and I just want to say thank you because it looks way better now.

I'm excited about you building all these apartment complexes, especially if some of them are workforce. I know that you've kind of been a leader in building apartments around our city, and they look nice. Thank you. So I just- The clarification to understand what the difference is, is that when I did my first plan, I had a lot of two bedrooms. Then we started building, there's more of a demand for one bedrooms.

So the reason the footprints of the buildings are the same as what we were originally designed, we just have more one bedrooms than two bedrooms. That's why we're going from 58 to 66. It's that simple. So everything else stays the same basically. And that was my other question. Any other questions for the applicant? Thank you. Yep. I will now open up the public hearing portion of this zone change request.

If there's anyone from the public who'd like to participate in the public hearing, You can do so at this time. Just come up to the microphone and state your name and address for the record. Don't everybody jump up at once. Seeing none, I will now close the public hearing portion of the zone change request and bring it back to the Commission for any further discussion on this agenda item or a motion. Commissioner Adams.

I move to approve zone change request 605-03-107C submitted by Ryan Ellsworth of Paradise Acres LLC to amend the current zoning conditions on property located at 760 North 4th Avenue, more particularly described as APN's 210-04-031-003-042-042. 044-032A-037A-039A-045A-046A-049A and 050A subject to staff recommendations. I have a motion by Commissioner Adams. Do I have a second? Second. I have a second by Commissioner Clark. All those in favor say aye. Aye. And that motion passes unanimously. Mr.

Chair, just to remind the commission members of the public, this is scheduled for a public hearing with the city council. It will not be at their regularly scheduled meeting. They will be holding a special meeting in conjunction with their annual council retreat. So it will not be on Tuesday the 20th. It'll actually be on Wednesday the 20th. 8th and that meeting is scheduled to start at two o'clock in this room. Thank you for that clarification, director.

Moving on to item B, consideration of conditional use permit 602-04-282 submitted by WW Clyde to allow for the new ownership's continued operations of ROC and related material processing with an updated grading plan on APN's 210-25-006E-006K-0086. C-008B and-008D. And I will turn it over to Ms. Selene for the staff summary report. We've got to have some agenda items with less parcel numbers. I tried. I really did. Thank you, Chairman.

On September 8, 2015, the Planning and Zoning Commission approved a conditional use permit to Eric Ritz to allow grading and processing of rock-related materials on the subject properties identified as APNs 210-25. 0.5-006E, 006K, 008C, 008B, and 008D. Condition 10 of this conditional use permit states, this conditional use permit shall be valid for a period of five years and is not transferable. Extensions to this time frame were approved by Planning and Zoning Commission.

The property was sold to W.W. Clyde and W.W. Clyde is now required to get a new CUP. W.W. Clyde has submitted a conditional use permit application to allow modifications to the pit floor grading to direct water towards the pit highwall and prevent drainage from leaving the site on properties identified as APNs. Do I have to say them again? Okay. The APNs.

According to the application, the project will continue to directly support the city's approved plan by facilitating infrastructure development, enhancing stormwater management, and promoting sustainable land use. The subject properties total approximately 40 acres in size and are zoned I-2 heavy industrial.

The applicant has stated that grading activities on the property may occur over extended time frame and that they understand all applicable state and federal requirements associated with this type of operation. The project is planned to proceed in four phases with phase one currently nearing completion. A portion of the subject property is utilized as Thunder Raceway and is owned by the applicant.

The Planning and Zoning Commission approved a use permit on February 14, 1995 to David Shiesel to operate Thunder Raceway. Although the city has issued Thunder Raceway a use permit, it cannot require the property owner to keep the racetrack in operation. Condition five of the current existing CUP requires that a re-vegetation plan shall be submitted to staff for approval with a bond sufficient to cover the scope of the re-vegetation plan conveyed to the city.

In response, the applicant has submitted a proposed re-vegetation plan for completion of all phases incorporating small and industrial warehouses. Submitted plans, applicable regulations, and conditions of CUP 60204-184 have been provided for review. The findings of fact. WW Clyde has submitted a conditional use permit application to allow for the new ownership's continued operation of rock and related material processing with an updated grading plan on the subject property.

On September 8, 2015, the Planning and Zoning Commission approved a conditional use permit submitted by Eric Ritz that allowed grading and processing of rock-related materials on the subject property. Condition 10 of that CUP is non-transferable. Extensions to the timeframe were approved by the Planning and Zoning Commission. The subject property is approximately 40 acres and is zoned I-2 heavy industrial.

A portion of the subject property is owned by the applicant and is leased to Thunder Raceway. Oh, and is owned by the applicant, sorry. The Planning and Zoning Commission approved a use permit on February 14, 1995 to David Schiesel to operate Thunder Raceway. Although the city has issued Thunder Raceway use permit, it cannot require the property owner to keep the racetrack in operation.

Several easements exist on the subject property These easements include utility and ingress easements It is a responsibility of the applicant to maintain these easements The current zoning of the surrounding properties include North I and I I light industrial I heavy industrial South PUD planned unit development East AR agricultural residential 43 square feet West I heavy industrial The current land uses of the surrounding properties include north industrial vacant industrial, south Shola Bluff vacant, east forest service, west industrial vacant industrial.

Transmittal members were sent to all effective agencies. Applicable comments received include Arizona Department of Transportation and indicated that before any work commences within the ADOT right-of-way, a permit will be issued will be issued from the department. Any landscaping in the right-of-way or drainage grading that will have any impact on the existing drainage will require approval from Environmental Coordinator. Public Works.

Ensure that reed vegetation plan is provided for the end of each phase in accordance to condition 5 of the prior CUP. The proposed North Thunder Raceway easement shall be in accordance with development standards in effect when the property is restored or at any time when the easement will be utilized by any surrounding property and shall be dedicated to the City of Xolo as 80-foot public right-of-way. Planning and zoning.

Parking lots for the racetrack will need to be will need to be surfaced and maintained to the development standards of city code 19.105.010c for existing parking lots. Landscaping shall conform to 19.75.120i of city code. The property was posted and letters were sent to all property owners within 300 fee of the subject property. Staff received two phone calls. An adjacent property owner called regarding ownership and expressed no objection.

The second call came from an area property owner seeking general information who also had no objection. Staff received two additional phone calls after the staff report was prepared with questions about the nature of the project.

After reviewing the standards for review, the zoning ordinance discussions with the applicant, and because the request is consistent with the City of Sholo general plan, Staff recommends that the Planning and Zoning Commission approve conditional use permit 602-04-282 submitted by WW Clyde to allow for the new ownership's continued operations of rock and related material processing with an updated grading plan on the subject property subject to the following conditions.

All developments shall comply with all applicable federal, state, and local requirements, including but not limited to Arizona Department of Environmental Quality, Arizona Pollution Discharge Elimination System requirements, stormwater pollution prevention plan and permits required, sections 401 and 404 of the Clean Water Act, and all applicable federal aviation administration requirements. All lighting shall comply with Title 19-110 of city code.

Any nighttime illumination shall be shielded downward to help facilitate nighttime airport operations. Hours of operation shall be limited to 7 a.m. to 8 p.m. Dust and smoke from grading and processing operations shall not adversely impact neighboring properties or airport operations. Prior to the commencement of grading and processing operations, a revegetation plan shall be submitted to staff for approval. This may be done in phases.

The north side berm on parcel 210-25-008C is to be maintained and remain intact as a buffer while carring activities are taking place. Parking lots for the racetrack will need to be resurfaced and maintained to the development standards of City Code 19.105.010C for existing parking lots. The landscaping plan shall be installed and conformed to 19.75.120I of City Code. Existing trees shall not be removed until grading and processing commence.

Only trees located within the affected areas for the racetrack operations shall be removed. A drainage master plan is required for the entire project. Stormwater retention will be required. Updated drainage and grading plans shall be completed and submitted to the city while grading and processing operations are undergoing. At the succession of grading and processing operation of each phase, all affected areas shall be regraded and revegetated in accordance with the approved revegetated table.

Any blasting done shall be in accordance with city codes and shall be coordinated through the City of Show Low Police Department If utilized a blasting schedule shall be provided to all adjacent property owners All development shall be done in substantial conformance to the submitted preliminary grading plan The applicant shall not negatively impact any existing easements located on the subject property.

Grading and processing operations shall be limited to and shown on the submitted preliminary grading plan and approved grading and drainage plans. Director Tregascus and the applicant are available for questions. Thank you, Ms. Saline. I'll turn it over to Director Tregascus for a brief moment. Thank you. So, Ms. Saline just went through quite a bit of information. I'd like to just kind of summarize that a little bit.

So, the original approval for what we're seeing there, that was granted to the previous owner in 2015, so 11 years ago. One of the original conditional conditions of that approval was that the approval was non-transferable. If a new owner showed up on the property, they would be required to go through the same process. Guess what? We have a new owner. New owner is WW Clyde. So in conjunction with that condition, they have applied for a new conditional use permit.

The city does not own the property. We do not don't have any type of interest in the property other than what we would have on any other property in the city. They are looking to continue the operation in substantially the same manner as what we see there currently. Essentially pulling rock out, making it into smaller rocks and using that to help build roads and do some different things there.

And any agreements for the operation of the racetrack, those are between the property owner and the racetrack operator. And for them to work out or agree to or contracts, leases, that type of thing. Mr. Chair, I do believe that the applicant had a few comments that they would like to make as well. Right, if the applicant would come forward, just state your name and address for the record, please. And you can give some brief remarks. Good evening.

My name is Bill King with WW Clyde, address 127 South Main Street, Taylor, Arizona. I don't want to go over too much of what's already been talked about. Really, WW Clyde is the new owner, and we're looking to transfer ownership from the existing gravel pit into WW Clyde. W.W. Client's name. We are aware of the Thunder Mountain Raceway and the impact it has on the community. And so I did have just a little bit I wanted to share on that.

We recognize that the Thunder Raceway has been an important part of the Show Low community for many years. And we appreciate the passion and the support of those that have been involved with this facility. And we believe that the racetrack and the mining operation have successfully coexisted on the property for many years. As we have in the past, W.W. Client's name. City council meeting, Arizona. Proper nouns are committed to working cooperatively with the racetrack.

We believe that there are opportunities for both uses to continue operating together. We remain committed to maintaining open dialogue and regarding future planning and scheduling in the future. Thank you. Thank you very much. I'll now open it up to any members of the commission who have questions for staff. I just had one question for staff and it actually might, since we have Mr. Reed here, it might be a best question for him.

The comment from the Public Works Department about the 80-foot right-of-way, I was not quite sure what kind of the time frame of what that looks like and when and maybe for Director Triascus, Is that condition somehow baked into any of these staff recommended conditions on how that 80 foot right of way issue gets resolved through this? So I can answer the second question first if you'd like. That'd be great. So we did, I believe one of the conditions is compliance with submitted site plans.

One of the plans that they have submitted, I do have it available here as an overhead. It does show the proposed alignment of that road and that easement, kind of here in the yellow.

So it would come down essentially to where the pavement terminates now and then head diagonal in a southwest direction to the west property line and then continue to the south to the southern border of the subject property We certainly could add or clear clear up a condition just to specify that that needs to be done in accordance with public works recommendation as included in the staff report. Thank you.

So just was this has this 80 foot right-of-way been kind of a long-term plan or was this something in this most recent iteration of this conditional use permit that kind of came to the forefront through the review process. CASEY CALLERSON- It's rather recent. The 80-foot-the continuation of the 80-foot right-of-way is kind of a carryover from the extension of Thunder Raceway to the south property line.

The current mining operations have essentially made access to the property to the south a little And so, on behalf of Public Works, we just wanted to make sure that access was carried forward in the new CUP from Duesa Clubs all the way back to the South property line. And so, based on your comment, what was kind of your intention on the timeframe of the dedication of that right away? seemed like it was related to the re-vegetative plan is that was that your intention? That's correct.

Okay thank you. If I could also I'd just like to take a second and introduce this is Chris Reed he is our city engineer he's a fairly recent addition to city staff this is his first meeting with the planning and zoning commission so we appreciate him being here and being able to fill in a few gaps for us so thank you Chris. Thanks for Thank you for having me. I had to make you talk on the first meeting, right? That's right. Any other questions for Seth? Any questions for the applicant?

I don't have a question, but I just want to say I appreciate the fact that you addressed Thunder Raceway because I know that there's a lot of concern out there, and so it was nice that you took the time to address that part of it. I'll now open it up to members of the public who wish to make a comment on this agenda item. Kind of the way this format works is folks who are interested come up to the microphone. We give people a three minute timer to make their remarks.

If there's multiple people who have kind of similar concerns or similar remarks, sometimes it works best to send up a spokesperson just so, you know, we hear, We get to hear all the various concerns, but we don't need to hear them multiple times. And just make sure when you come up to the microphone, you state your name and address for the record. One kind of caveat of this process is we, as the commission here, aren't really allowed to respond or make comments.

In between those comments, when we close the public comment portion of this agenda item, there can be further discussion or comment by either staff or the applicant. So if there's any members of the public wishing to speak on this agenda item, you can come forward at this time. Neil Johnson, My address is 5846 Webbville in Lakeside. Anyhow, I've been familiar with Thunder Raceway back when it was originally developed by Dave Maness.

And you guys are extremely lucky to have a promoter in there that you have right now. He's doing a wonderful job. The sanding gravel outfit, they're working really good with the racetrack. I wish that the city would pay more attention to the money that the racetrack brings into the city instead of just simply saying, well, it's out of our hands. You know, there's nothing we can do about it. You know, you could help him in turn for him helping the racetrack.

Do something to encourage the racetrack to stay there. That's what I'd like to see because it helps the whole community. It gives people a place to go rather than using drugs and spending the money on drug rehab and all the different things. You have a gold mine in your backyard with the racetrack, especially with the router you have. I talked to Brad yesterday and he's very happy with what they're talking about doing and I think it's a positive thing all the way around.

It's just unfortunate that the city back when the property come up for sale, didn't grab it at that time. And I was here at that meeting when they talked about the four different section of what they planned on doing for the racetrack. And they're on section one right now. And apparently, as I remember, part four required the racetrack gets tore out in order to get the gravel under it. They're talking about possibly moving the racetrack. I don't think that that's going to work.

That would be an extremely expensive thing to have. So, anyhow, I'm in support of the conditional use permit, and I would hope that you guys would ease up on some of the pressure that they're going through in turn because they're keeping the racetrack there. Some of the things I heard was about the paving or the parking lot has to meet particular specifications and all these things. I think you guys need to work with them as much as you can. Thank you. Thank you. Anyone else?

Hello, my name is Don Sterbutzel. I'm at 5202 White Mountain Avenue in Lakeside. I just had a few questions, really, that most of us want to know. So, we just want to know how long are we going to have a racetrack in terms of, you know, is it three years, five years? We've heard so many different things. We just, we really just want to know how long are we going to have a racetrack? Pretty much one question I got. Thank you. Any other comment from the public? My name's Harmony McNeil.

I'm at 3132 McPherson Road out in Vernon. My only concern is where's the parking lot going to be this year? Because you guys took out the parking lot last year, made us a new parking lot that we were very grateful to have, but it came to a point where the parking lot was locked when we had customers trying to get in. And they had to wait 30 to 45 minutes and drive around because we cannot park in the middle of the road because it's a fire hazard.

And when you guys do this yellow road in here, it goes through that new parking lot that they just built. So if you look at it, the phase four, it's just the racetrack and then just the parking for the pit passes. There is no customer parking on there. So that's all that I had to ask. Thank you. Any other comments? I'll go ahead and close the public comment portion of this agenda item.

The applicant, there was a couple questions that appeared to be addressed to you, so if you want to take a moment to respond to those, if you'd like to do that, you may do so. Bill Keene, 127, South Main, Taylor. The question regarding the timing for the The agri operations, it's hard to tell, know what the supply and demand is. I mean, it could, by the time we technically get to phase four, it could be 10 years, it could be 20 years.

What we are committed to is working with the track to maintain the track within the community. Does that mean we don't mine there? Potentially. Does that mean we move it maybe to a spotless bin mined on the property? That's another option as well. We don't know what will happen, but we're committed to working with Thunder Mountain Raceway there. The other question regarding the gate, sounds like maybe there's just some bad communication between the operator and WW Clyde.

And, I mean, we're committed to providing the access there. We just need to make sure everyone's on the same page when someone needs access to the parking lot. Thank you. Director.

Yes I like to address the first comment regarding parking lot So our city code regarding parking lots has two requirements One is that all new parking lots have to be paved We also have as the second requirement there an exception for existing parking lots And we consider the area here around Thunder Raceway realizing that it kind of shifting around on the property based on operations and demand But we consider that to be an existing parking lot Existing parking lots are allowed to be gravel over a compacted base.

So we're not requiring them to come in and pave a parking lot. We understand that would be quite a bit of expense. The gravel layer over the top, that's primarily just to help with erosion and to help with dust. So there has been, I guess, an allowance or an exception that has been built in to allow them the lower level, lower cost parking lot requirements. Thank you director. I'll now bring it back to the commission for any further discussion or a motion on this agenda item.

I can make a motion. Vice Chair Wilson. I move to approve conditional use permit 60204282 submitted by WW Clyde to allow for the new ownership's continued operations of rock and related material processing with an updated grading plan of APN 210-25-006E-006K-008C-008B and-008D subject to staff recommendations. I have a motion by Vice Chair Wilson. Do I have a second? I have a second by Commissioner Adams.

Would the motion maker I would consider an amendment to their motion to include a condition for ensuring that the this conditional use permit is in compliance with the public works comment regarding the 80-foot public right of lane. Yes. Um, I'm not sure how I properly do that other than I would like to amend my motion to the condition that public works put on about the 80 foot public right of way. Do we need to do anything specific about that? Under staff recommendations, so it would be list.

It's under findings of fact number eight public works. which states ensure that the revegetation plan is provided for the end of each phase in accordance to condition five of the prior CUP. And then I think the portion that the chair is interested in.

The proposed North Thunder Raceway easement shall be in accordance with the development standards in effect when the property is restored or at any time when the easement will be utilized by any surrounding property and shall be dedicated to the city of Show Low as 80-foot public right-of-way. So I think the easy way to reference that would be the in accordance with finding of fact 8 public works comments.

All right, so I'd like to amend my earlier motion to include under findings of fact number 8 public works comments regarding the 80-foot public right-of-way. I have a motion by Vice Chair Wilson. Do I have a second? I have a second by Commissioner Adams. All those in favor say aye. Aye. That passes unanimously. Director Tregascus. Thank you, Mr. Chair. As with any conditional use permit, there is a seven-day appeal period.

If no appeal is received by the city clerk within the next seven days by an aggrieved individual, this will be considered effective. Thank you. Thank you. Thank you, director. Moving on to item C, consideration of conditional use permit 602-04-290 submitted by Luke Cron on behalf of Andromco Concrete to allow for concrete crushing in the I-1 light industrial zone on property located at 1250 North Penrutt Road, more particularly known as APNs 210-49-121-122-124 and 009A.

And I will turn it over to Ms. Celine for the staff summary report. We got to get some people combining some parcels.

I would love that Trust me Thank you So on June 24th 1997 the Planning and Zoning Commission approved use permit 97 that allowed the operation of truck parking equipment and material storage operation of ready batch and construction yard within the subject property Concrete crushing was not included in the original use permit Under the current I light industrial zoning concrete crushing requires a conditional use permit Luke Cron on behalf of Jarmco Concrete has submitted a conditional use permit application to allow concrete crushing in the I zone on property located at 1250 North Penrod Road more particularly known as APN 210 The subject property encompasses approximately 27 acres and is zoned I-1 light industrial and currently operates as a ready mix concrete supplier and building materials store.

The applicant is requesting to operate a crusher to process excess concrete generated by the company along with concrete removed from various projects. The proposed use will support the applicant's existing ready mix concrete and building material operations while allowing excess and project-generating concrete to be processed on the site.

The applicant will take measures including dust suppression, noise mitigation, appropriate site maintenance, and limited operating hours to and adherence to all applicable city, county, and state regulations to reduce potential impacts on adjacent properties. A site plan with the proposed portable crusher usage area have been provided for review. Findings of facts.

On June 24th, 1997, the Planning and Zoning Commission approved Use Permit 97-010 for truck parking, equipment, and material storage, a ready mix batch, and a construction yard. Concrete crushing was not included. Under the I-1 light industrial zoning, Concrete crushing is not allowed as a permitted use and requires a conditional use permit.

Lucron on behalf of Jarmco Concrete has submitted a conditional use permit to allow concrete crushing in the I-1 zone on property located at 1250 North Penrod Road, more particularly known as AP Eds 210-49-121-122-124 and 009A. The subject property is approximately 27 Acres in size, zoned I-1, and currently operates as a ready-mix concrete supplier and building materials store.

The applicant is requesting to operate a crusher to process excess concrete generated by the company along with the concrete removal from various projects. To minimize potential impacts by the neighboring properties, the applicant will implement dust control measures, noise reduction, proper site maintenance, restricted operating hours, and comply with all applicable city, county, and state regulations.

Current zoning of the surrounding properties include north-south I-1 light industrial, east-C-2 general commercial, west-I-1 light industrial. The current land uses of the surrounding properties include North, Sunday Goods previously named Consumed, Vacant Industrial, South, Nav Apache Equipment Services, Perkins Cenders, and Graceland Portable Buildings, East, APS Transformer Yard, and Vacant Commercial, West, Adams Towing, Pet Allies, and Industrial.

Transmittal memos were sent to all effective agencies. No applicable comments were received. The property was posted and letters were sent to all property owners within 300 feet of the subject property. No comments have been received.

After reviewing the zoning ordinance, standards for review, findings of facts, discussions with the applicant, and because the request is consistent with the City of Shullow general plan, staff recommends that the Planning and Zoning Commission approve Conditional use permit 602-04-290 submitted by Luke Cron on behalf of Jarmco Concrete to allow concrete crushing in the I-1 light industrial zone on property located at 1250 North Penrod Road, more particularly known as APNs 210-49-121-122-124 and 009A subject to the following conditions.

all development shall comply with all applicable federal, state, and local requirements including but not limited to Arizona Department of Environmental Quality, Arizona pollutant discharge elimination system requirements, stormwater pollution prevention plan and permit, and all applicable federal aviation administration requirements.

The crushers operating hours shall comply with the noise control requirements set forth in section 19 of city code Dust and smoke from crushing and processing operations shall not adversely impact neighboring properties or airport operations The applicant shall not negatively impact any existing easements or FEMA mapped flood areas located on the subject property Landscaping along North Penrod Road shall be installed in accordance with Title 19 of City Code The applicant Director Turgascus and staff are available for questions Thank you, Ms.

Saline. I'll open it up to any commissioners who have questions for staff. Commissioner Adams. Yes, Mr. Gaskis, could you tell me roughly, and I realize I'm putting you on the spot, how many of these concrete crushing CUP permits we have? Just vaguely. I wouldn't even know. Do we have more than one? So typically when you have a concrete batch operation, concrete crushing would be considered and accessory use.

We do have several concrete batch plants located here in the city limits, this being one of them. In this case, and I'll say unfortunately because it's requiring us to go through this step, but in this case, when this was originally approved, the applicant stated that no concrete crushing would take place on the subject property.

Had he not made that statement, we would have been We've been able to consider this to be just an accessory use and our meeting would have gotten over sooner this evening. But because that statement was made, we do need to bring it back to the commission to allow for the concrete crushing in conjunction with the batch plant. That's why we're here this evening. Perfect. Thanks.

So I guess my question is, because I don't know much about concrete crushing, but does it end up in a landfill if it's not crushed or something? What do they do with the waste currently? Are there any other questions for staff? No. Great. I'll open up questions for the applicant. If you could just say your name and address for the record. Yes, Lou Kron, 1250 North Penrod Road, representing Jarmco. So kind of piggyback off the accessory, it's not going to be a full-blown crushing operation.

We only use it as needed. So we have concrete batch plants in Snowflake, Joseph City, Eager, Kayenta, Sholo is one of them. And we build up concrete over the months or years, and it kind of plugs up our yards a little bit. And so what we do is as needed. So a couple of days a year, really, we crush it up. And then our crews that do concrete flat work, road base, all that, they can use that crushed AB, which is top tier AB on those projects.

So really it's just vertical integration for us and just a way to clean up our yard. And so with it, we only anticipate using our crusher at this, this show property a handful of days a year. So it's, it shouldn't really affect anyone's day to day. So, and then to answer your question, the concrete doesn't end up in the landfill. We use it, we repurpose it. So. Thank you. Any questions for the applicant? Thank you.

Any members of the public who wish to make any comment on this agenda item, you can do so at this time. Seeing none, we'll move it back to the commission for any further discussion or motion. I'll make a motion. Commissioner Clark.

I move to approve conditional use permit 206-04-290, submitted by Luke Cron on behalf of Jarmco Concrete, to allow concrete crushing in the I-1 light industrial zone on property located at 1250 North Penrod Road, more particularly known as APN 210-49-121-122-124 and 009A subject to staff recommendations. I have a motion by Commissioner Clark to have a second. I have a second by Vice Chair Wilson. All those in favor say aye. Aye. That passes unanimously. Director- Director. I apologize.

May I just clarify that we're talking about conditional use permit? Thank you. Thank you. Director Tregascus. Thank you. Again, as with any conditional use permit, there is a seven-day appeal period. If no appeal from an aggrieved individual is received by the city clerk within those seven days, this will become effective. Thank you, Director. Moving on to item D, consideration of conditional use permit.

602-04-291 submitted by Douglas Williams to allow for a guest house on property located at 1060 North Fairway Circle identified as APN 309-31-183. And I'll turn it over to Ms. Selene for the staff summary report with only one parcel number. Yes. Actually Mr. Chair if Ms. Selene doesn't object she's done three fairly lengthy staff reports. I've been fairly quiet. So if it's okay I'll go ahead and go through the background and findings of fact and recommendations. I have no objection. I'm sure Ms.

Salina has no objection as well. No objection. Thank you. Thank you. I did take the one with only one parcel. So background. A conditional use permit or CUP application has been submitted by Douglas Williams to allow for a guest house on property located at 1060 North Fairway Circle, identified as APN 309-31183. The property is located on the southern border of the city.

Per the Navajo County records, the subject property is .49 acres or 21,344 square feet and a zoned R115 single-family residential manufactured homes excluded 15,000 square foot lot sizes. The property borders a bison gulf fairway along its northern and eastern boundaries. The applicant proposes converting the existing detached garage measuring approximately 600 square feet into a guest house. The garage is located on the southern portion of the property.

Its setback from the existing residents to the north is approximately 19 feet, while the east or street side setback is approximately 41 feet. The south side setback is 6 feet and the east side or rear setback is 3.5 feet. Constructed in 1965, the garage does not comply with current setback standards. However, it predates the zoning regulations and is therefore considered a non-conforming structure.

Per city code, a non-conforming structure is defined as a structure which was lawfully erected prior to the adoption of the ordinance codified in this title, but which under this title does not conform with the standards of development and construction, lot coverage, yard spaces, height of structures, distance between structures, or other standards prescribed in the regulations for the district in which the structure is located.

City code states that a non-conforming building may be used for a conforming use or for conforming uses if the owner has not taken action since the passage of this title to cause non-conformity or a greater degree of non-conformity. The applicant has indicated that the garage has remained in its original use since the structure was built.

According to city code, guest houses are defined as living quarters that consist of one or more rooms designed that are intended for occupancy as separate quarters with cooking, sleeping, and sanitation facilities which may or may not be utilized for income purposes.

under city code 19.50.110A1, one additional single family dwelling for use as a guest house not to exceed 50% the total living area of the main dwelling provided the total intensity of land use shall be a minimum of 10,000 square feet of lot area per dwelling unit is permitted with a valid conditional use permit.

Primary residence is 2,154 square feet in size and the proposed guest The guest house will be approximately 600 square feet Staff has reviewed the applicant request and concluded that the proposed guest house satisfies the previously stated zoning requirements as a non structure intended for a conforming use and meets the minimum land use intensity Official building plans have not been submitted Conceptual plans have been provided for review and are attached Findings of factors as follows.

Douglas Williams has submitted a conditional use permit application to allow for a guesthouse on property located at 1060 North Fairway Circle identified as APN 309-31183. According to Navajo County records, the subject property is .49 acres or 21,344 square feet and is zoned R115 single-family residential. Manufactured homes excluded 15,000 square feet. The property borders a Bison Gulf fairway along its northern and eastern boundaries.

The applicant proposes converting the existing detached garage, measuring approximately 600 square feet, into a guesthouse. Since the existing garage was built before the current zoning ordinances took effect, it is classified as a non-conforming structure and may continue to be used as a conforming use, provided the applicant has not taken any steps to increase the structure's original degree of non-conformity.

According to city code, guest houses are defined as living quarters that consist of one or more rooms designed and intended for occupancy as separate quarters with cooking, sleeping, and sanitation facilities which may or may not be utilized for income purposes.

Under City Code 19.50.110A1, one additional single-family dwelling for use as a guesthouse not to exceed 50% of the total living area of the main dwelling, provided the total intensity of land use shall be a minimum of 10,000 square feet of lot area per dwelling unit, is permitted with a valid conditional use permit. The current zoning of the surrounding properties includes the north PUD, planned unit development.

To the south, R115, single family residential, manufactured homes excluded, 15,000 square feet. I think we have an issue with the autocorrect. The square feet instead of an SQ is showing as an ST. We'll make that correction in the minutes. To the east, PUD or Planned Unit Development, and to the west, R115, Single Family Residential, manufactured homes excluded 15,000 square feet.

Current land uses of the surrounding properties includes to the north and east, Bison Gulf Fairway or Tract B, and to the south and west, Residential. Transmittal memos were sent to all affected agencies. The building officials stated that the structure will need to be updated to comply with current building code. The property was posted and letters were sent to all property owners within 300 feet of the subject property.

One phone call was received by an adjacent property owner in support of a project. Another adjacent property owner spoke with staff in person to discuss the project and city codes and processes. They were not opposed to the project.

After reviewing the standards for review, findings of fact, discussions with the applicant, the city of Xolo, zoning and land ordinances, and the city of Xolo, of Scholo General Plan, staff recommends that the Planning and Zoning Commission approve Conditional Use Permit 60204-291 submitted by Douglas Williams to allow for a guest house on property located at 1060 North Fairway Circle identified as APN 309-31183 subject to staff recommendations.

Recommendation 1, all developments shall comply with all applicable federal state and local requirements including building code and fire codes Number 2 the non structure shall conform to section 19 of the city code Number three a maximum of one dwelling unit per property may be utilized for income purposes and shall utilize a shared driveway and utility connections And four the non structure shall remain within its existing footprint and current height With that staff as well as the applicant are available for questions Thank you, director.

Any questions from the commission for staff? So is this truly one of those things that's grandfathered in? I know that in the central meetings we've had the grandfather thing there. Yes. The city has no problem with this. No. So again, kind of to review, grandfathering, essentially it requires that the use was legally established at the time that it was constructed. You can't go and do something that was never legal and then consider that to be grandfathered.

In this case, the zoning requirements didn't come into play until later, so the setback requirements were not in place like they would be today, which is why we would consider it to be a legal grandfathered use. Thank you. Just another quick question as I just make sure I'm understanding. So with the guest house in this zoning district, you'd have to have a minimum of 20,000 square foot lot in order to have a guest house because you have to have 10,000 square foot per unit.

And so if this lot was 1400 square feet smaller, they wouldn't be permitted to request this conditional use permit for the guest house. They squeak in, yep. I just wanted to make sure I was understanding the rules on that. Yeah, and the commission may recall that was one of the changes that was actually made several years ago when we did kind of some revisions to city code. Vigilum Code.

Previously, we required a 15,000 square foot of lot area for the main house and 15,000 square feet of lot area for the guest house for a total of 30,000 square feet. This lot obviously wouldn't meet that. During those revisions again that were made several years ago that was reduced down to 10,000 square feet per unit for a total of 20,000 so this lot does meet the requirements. Great. Thank you for that background, Director. Any other questions for staff or questions for the applicant?

Any members of the public wishing to speak on this agenda item? Seeing none, I'll bring it back to the Commission for any further discussion or motion on this item.

I make a motion I move to approve CUP 602 submitted by Douglas Williams to allow for a guesthouse on property located at 1060 North Fairway Circle identified as APN 309 subject to staff recommendations I have a motion by Commissioner Adams Do I have a second I have a second by Commissioner Clark All those in favor say aye Aye And that passes unanimously Director Tregascus Thank you. Once again, with any conditional use permit, there is a seven-day appeal period.

If no appeal from an aggrieved individual is received by the city clerk within those seven days, this will be considered effective. Thank you, Director. We'll move on to item 6, call to the public. If there's anyone wishing to speak on a matter within the jurisdiction of the Planning and Zoning Commission that's not on the agenda this evening, you may do so at this time. Seeing none, we'll move on to approval of the minutes.

Do I have a motion for the approval of the minutes from the Planning and Zoning Commission regular meeting of September the 22nd, 2026? I have a motion by Vice Chair Wilson. Do I have a second? I have a second by Commissioner Clark. All those in favor say aye. That passes. We'll now move on to a summary of current events beginning with Commissioner Clark. It's a beautiful day in Shola. Shola Film Festival this weekend, October 16th through 18th at the Lakeside Village 8 Theatres.

It's an awesome thing if you haven't gone to it. You can still buy tickets and still go. Do that and have a good time. Thank you. I have nothing to add, Director? Just real quick, we will be to the end of the year faster than we know. Along with that, we have kind of some special meeting dates. For example, the Planning and Zoning Commission does not have a second meeting in November. That's typically the week of Thanksgiving, so that meeting is permanently canceled.

Also, the planning and zoning commission will not have a meeting, the second meeting in December. That's the week of Christmas. So encourage people to just look on the city website, look to see what meetings are posted there. And then also we will not have a meeting in two weeks. We do not have any items for the agenda. But I would like to take a little bit of time right now to please encourage people with Halloween. Just be careful driving.

We seem to have had a rash of traffic accidents in the community recently and would hate to add one on Halloween. So that's it. Thank you, director. Seeing no other items on the agenda, I will adjourn us for this evening. Elas pudo. www.fema.org