Council debates request to rezone motel to apartments

The request was brought before council at the meeting held earlier in the month, and was tabled by council due to concerns by some members that the building, which has 52 units that are currently being utilized as veteran’s housing, was not up to state building code due to the square footage, lack of a kitchen sink, as well as concerns for electrical and plumbing. The Holbrook Planning & Zoning Commission had recommended approval of the change prior to that meeting, with stipulations for renovation but a majority of the council felt the matter should be looked at further and advised the property owners to determine if they would have the funding to upgrade the property by doubling the square footage and adding kitchen sinks.

Mayor Kathleen Smith expressed surprise that the issue was back on the agenda just two weeks later with a recommendation from city administration for approval, with a statement that the building did not in fact need to adhere to a larger square footage to be within code. “I don’t really necessarily agree with the recommendation,” stated Smith. She then made a motion to table the item for at least six months until the council could confer with the city’s attorney on what the city code states, with a second from Councilmember Robert Black.

Councilmember Michael Nilsson was passionate in his support for the zone change, stating “Here’s a man that has invested hundreds of thousands of dollars in our community, taking this unsightly motel is something that’s better, a good place for people to live.” He added that it might make it hard for investors to want to enter the community if the council were to create a deterrent. “Our job, our only job is to say, yes, we’ll change this so this man can have a profitable business.”

Mayor Smith responded that she is not against the zone change but felt as a council that it was important to fight against substandard housing and that there were certain codes that need to be followed. “We’re not saying don’t come to our town; come to our town. We know there’s a shortage of housing, but don’t come with substandard housing especially for our veterans.”

Smith then highlighted Holbrook city code, which states that zoning requires adherence to the 2006 International Building Code, which requires a kitchen sink. She acknowledged that the 225 square foot rooms were allowable, but that a kitchen sink in each of the rooms is required, rather than doing dishes in a bathroom sink or tub.

Smith went on to say she spoke with other city managers, planning and zoning members, and the League of Arizona Cities and Towns to ask them what their protocols have been for converting motels into apartments, all of which stated they have a certain standard and conversions needed. “I actually spoke to somebody that lived in America’s Best Value and they said ‘I wish I had a kitchen, that would have been so good for my mental health. That I could at least cook my own meal and not have to do the dishes in the bathtub. So that’s what we’re talking about.”

Smith noted that even the Holbrook code is outdated and is based on the 2006 International Building Code, which is significantly older than any other city in the region, with the second oldest being 2015.

Councilmember Arcenia Pacheco questioned where the veterans would live if the zone change wasn’t approved and how places such as the jail get away without providing the amenities Smith advocated for. “How does the jail get away with it? I mean, people live in there for a year at a time and they don’t have a kitchenette. They don’t have living room space.” Smith replied by saying the jail has a cafeteria that provides meals.

Smith also noted that in the previous meeting the owner of Veterans Services USA, Kevin Clancey, stated they don’t make enough money to do renovations. “I am a realtor and I reached out to another realtor to make sure my numbers are matching. A basic rental in Holbrook is approximately $1 a square foot per month,” adding that she knows some are even cheaper than that at around 65 cents per square foot. “With Veteran Services, they’ve got 225 square feet at approximately $650. So, they’re making $2.89 per square foot.” She added that since they’re making more money than any other landlord in town, they should hopefully have some wiggle room at add some amenities.

It was at this point Councilmember Tim Dixon asked, “Mayor, what does this have to do with anything?” to which surprised Smith. “Really! This has everything to do with it. We are a governing council. And for one, I want this council to think, hey, we have to follow the law, the code. We have city code for a reason, if not all we are saying is ‘come to Holbrook, we don’t have any standards or codes.’”

Smith summarized, stating she recommended the council conditionally approve the rezoning with a time frame to make adjustments. “As we discussed this, I want you guys to know that we are being watched on the state level right now, you may not know it, but I know for a fact that there is a bill right now trying to eliminate charter cities.” Smith stated that lobbyists have used Holbrook as an example. She explained that if the council makes decisions based on emotions and not the law, it will be used as evidence to prove that the city cannot govern itself.

“If we approve an ordinance and it is against the law, we are liable under the 2016 law called SB 1487, where any member of the legislature can submit a complaint to the Attorney General’s (Office) if they believe an ordinance, regulation or other official action by local government entity violates state law. The Arizona Supreme Court agrees with the AG that if an ordinance or policy is unlawful, local government must repeal them or lose their portion of state tax revenue.”

Councilmember Nilsson stated that the discussion before the council was about a zone change and not about being in compliance with code, which is the responsibility of the city’s compliance officer, Barbara Blythe.

Vice Mayor Francie Payne also commented, stating that she believed Mayor Smith’s statements, while made in good faith, were not applicable to the situation. “The best we can do is do the best for our community at the time. And I believe that’s what we’re trying to do. So, I would like to move on with this. I don’t want to wait. I think it’s fairly clear that with some modification, it can work.”

Councilman Black stated other cities, such as Winslow, are dealing with similar problems and supports their methodology of making sure buildings are up to code and wants to follow suit. “I never have understood why this is so important right now to get this rezoned. I’m totally against this until we come up with something set that says ‘this is what we’re going to do moving forward’.” Payne countered stating while she congratulates them on their work, Winslow still has blight issues similar to Holbrook.

Code Enforcement Officer Barbara Blythe was in attendance and asked to address the council on the matter. She stated that she has inspected the units previously unrelated to her city position while transferring people from the Bread of Life Mission to Veterans Services. “If, according to minimum housing standards set by HUD (Department of Housing and Urban Development), as long as they have a place to heat their food, they can cook in the microwave, they’re able to have a crock pot if they want. A lot of people don’t cook, a lot of them are too disabled to be able to cook.”

Blythe added they do have sinks and don’t have to do dishes in the bathtub and she has yet to see proof that the building is not up to code. “I’d be happy to go out there with a building inspector that can tell me what electrical and plumbing issues there are.”

Councilmember Black asked if she partnered closely with Veterans Services with her work at Bread of Life and she stated yes, when residents transfer out.

Mayor Smith’s motion to table the motion for at least six months until the council could confer with the city’s attorney failed with Vice Mayor Payne, Councilmember Nilsson, Councilmember Pacheco and Councilmember Dixon voting against, and Mayor Smith, Councilmember Karina Peck and Councilmember Black voting in favor.

Councilmember Dixon then followed with a motion to approve the zoning change, which Pacheco seconded. After some discussion and input from Planning & Zoning Commissioner David Smith, Dixon modified the motion to include the stipulations put forth by the Holbrook Planning & Zoning Commission, with a timeline to have those changes complete in four years, along with the option to request an extension if needed and progress can be demonstrated. Those stipulations include ensuring that fire protection electrical, plumbing and kitchen be up to code. The motion was approved with Vice Mayor Payne, councilmembers Nilsson, Pacheco, Karina Pack and Dixon voting in favor, and Mayor Smith and Councilmember Black voting against.