Nowthen City Council — Transcript

Tuesday, August 25, 2026

EMTT Editioning Preliminary Plat Approval

Top Second Edition Conditional Use Permit and Variance for Tonto Avenue Northwest

Top Second Edition Preliminary Plat Resolution Adjustments

Draft Zoning Ordinance Update Overview

Votes (4)

Public Hearing for EMTT Editioning Preliminary Plat

Motion passes (Unanimous)

Dissent: None

Moved by Mr. Be [00:06:50] · Seconded by Commissioner Perl [00:07:01]

Planner Nash presented the proposal to replot three parcels into two, cleaning up property lines and addressing encroachments. The plat uses density averaging to allow a lot less than 5 acres and dedicates right-of-way for North Lake Road West. No public comments were received during the hearing.

Top Second Edition Conditional Use Permit and Variance

4-3 Recommended Denial

Dissent: Commissioner Lewis voted against the motion. Two other commissioners also opposed the motion, but were not explicitly identified.

Moved by Mr. Be [00:39:56] · Seconded by Commissioner Perl [00:40:53]

The item involved a request to defer paving and base improvements for Tonto Avenue Northwest. Commissioners debated the long-term city responsibility, financial implications for future development, and potential property encroachments. Public speakers raised concerns about wetland impacts on alternative road alignments and the effect of an existing antenna tower lease. The applicant indicated they might not build the road if the deferrals were denied.

Top Second Edition Preliminary Plat Resolution

Motion passes (Unanimous)

Dissent: None

Moved by Commissioner Perl [00:48:47] · Seconded by Mr. Be [00:49:50]

Following the denial of the CUP/Variance, the commission discussed amending the preliminary plat resolution. Planner Nash proposed changes to allow multiple phases of development and add a condition requiring Tonto Avenue Northwest to be installed to city standards concurrently with the development of any residential lots, providing flexibility for the applicant while securing future road completion.

Discussion for Draft Zoning Ordinance Update

No official action, discussion item only.

Planner Nash presented preliminary information on the draft zoning ordinance update, emphasizing aims for user-friendliness and reduced restrictiveness. Proposed changes include consolidating dimensional standards into charts, reducing minimum frontage and front yard setbacks in certain districts (e.g., RA to RRT, from 150ft to 100ft and 120ft to 70ft/40ft respectively), increasing accessory structure size allowances, and adding provisions for Accessory Dwelling Units (ADUs), which will count towards accessory structure limits.

Notable Quotes (12)

So this is a preliminary plat and final plat together for Emittsburg edition and it is basically taking three existing parcels of land and replotting them as two parcels of land. And the reason it's being applied instead of a minor subdivision is so that lot one here can be less than the 5 acre minimum. So they're we're using that density averaging and that's within the subdivision regulations in order to do that.

Planner Nash [00:03:55]
Public Hearing for EMTT Editioning Preliminary Plat

They are requesting um a conditional use permit to allow Ton Avenue Northwest to not be paved as your ordinance would allow for a conditional use permit for that. And then separately, they've applied for a variance application to request that you also not require them to complete the subgrade and um aggregate base improvements on this.

Planner Nash [00:08:44]
Top Second Edition Conditional Use Permit and Variance

So, you know, in looking at this, the the chance of that uh road going through anytime soon is is probably not going to happen. But when maybe that southern area does develop, if it ever does, how how would it be what would the requirements be to complete that road?

Commissioner Carroll [00:10:02]
Top Second Edition Conditional Use Permit and Variance

So both do you need to um that would be up to the city I guess. Um both myself and the city engineer would recommend that you do that that we um both of us have had plenty of circumstances where something seems like it's going to be there for a very long time and it redevelops.

Planner Nash [00:13:30]
Top Second Edition Conditional Use Permit and Variance

My only concern is in the previous July 28th meeting, there was reference made to the antenna tower. There was a 21-year lease on it... That's what that's only my comment is that it um who knows what's going to happen after the lease and that antenna goes and someone else takes over the lease. That original antenna was one segment higher, a little bit thinner and they took it down and it went down to another region in the US had refurbished. But that's my only concerns. There's a gray area that's kind of nebulous out there. We may or may not affect road. Thank you.

Alison Paulson Jr. [00:23:25]
Top Second Edition Conditional Use Permit and Variance

Um, I understand the applicant's reasoning for deferring these items, but I also am really against the idea of not having it completed. Um, we'll get stuck with a dirt road. We accept one part of it, not all of it. And if we just define all of it, then at least we have a to um that's where I said that not to

Mr. Be [00:36:22]
Top Second Edition Conditional Use Permit and Variance

I would recommend that we change number 18 to be that the subject property may be finaled in multiple phases to give them some options there. And then I would also recommend based on your previous action that you add a um a new condition number one. Put it right up at the front that Tonto Avenue Northwest shall be installed in compliance with city standards at the time of development [clears throat] of any phase that includes the residential lots.

Planner Nash [00:44:03]
Top Second Edition Preliminary Plat Resolution

Yeah. The main thing is to allow multiple phases so that they can decide to not plant that residential area.

Commissioner Perl [00:48:47]
Top Second Edition Preliminary Plat Resolution

So, we wanted to discuss the um the sections of the ordinance that are going to be the most um commonly used but also probably the most impactful changes to residents as well. So there's a few different efforts here with this ordinance update and you know two of those key efforts are that we're trying to make the document much more user friendly for residents to follow and understand and find what they need to find in there in terms of organization. But then we're also trying to find ways to um make the ordinances um less restrictive.

Planner Nash [00:52:13]
Discussion for Draft Zoning Ordinance Update

So, for example, um minimum frontage on a public street... you'll see that in the RRT district the committee is proposing to reduce that down to 100 ft of frontage... this gives some people that are that have enough land but not enough frontage some ability to still um potentially subdivide and split off a lot.

Planner Nash [00:58:34]
Discussion for Draft Zoning Ordinance Update

So, what we did here is again we took out a lot of language. So, we took out language related to um structures needing to be that they can't be located nearer to the front lot line than the home unless they are at least 300 ft set back from the center line of the street. So, that has been removed in this proposed draft.

Planner Nash [01:03:52]
Discussion for Draft Zoning Ordinance Update

But we did add it to this one. Um, and I'll point out that the intention is that if you construct an ADU that is a detached accessory structure as opposed to being part of your house, that counts towards those accessory structure limits. So, that's one of the reasons as well that we bumped [clears throat] up the numbers to give people that option to construct those.

Planner Nash [01:13:31]
Discussion for Draft Zoning Ordinance Update

Ordinances & Resolutions (9)

EMTT editioning preliminary platPermit

Application for replotting land and creating new parcels.

subdivision regulationsOrdinance

Regulations allowing density averaging for lot sizes.

conditional use permitPermit

Request to defer installation/paving of Tonto Avenue Northwest.

variance applicationPermit

Request to defer construction of subgrade and aggregate base of Tonto Avenue Northwest.

development agreementOther

Mechanism to define future conditions for road completion.

draft zoning ordinanceOrdinance

Major update being presented and discussed for future adoption.

ADU ordinanceOrdinance

Proposed new section within the zoning ordinance to allow Accessory Dwelling Units.

House FileOther

State-level legislative proposal concerning ADU requirements.

preliminary plat resolutionResolution

Resolution for the Top Second Edition plat, subject to amendments.

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