HomeMy WebLinkAboutAGENDApacket__01-23-20_0519_29
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
Chairman Erik Hansen
Vice Chairman Peter Gray
Commissioner Mathew Boik
Commissioner Clayton Corey
Commissioner Susan Demptster
Commissioner Dan Kovacevic
Commissioner Scott Schlossberg
TIME:6:00 P.M. – REGULAR MEETING
WHEN:THURSDAY, JANUARY 23, 2020
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s Council, various Commission, Committee or Board members may be in attendance at the Commission meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings
of the Commission are audio and/or video recorded and, as a result, proceedings in which children are present may be subject
to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a
child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S.
§1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Commission meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of
the Council Chambers, and hand it to the Executive Assistant prior to discussion of that item, if
possible. Include the agenda item on which you wish to comment. Speakers will be allowed three
contiguous minutes to address the Commission. Verbal comments should be directed through the
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TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card,
indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda
item, and hand it to the Executive Assistant prior to discussion, if possible.
REGULAR MEETING
REGULAR MEETING
1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE – Chairman Hansen
2.ROLL CALL – Chairman Hansen
3.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda.
Any such comment (i) must be within the jurisdiction of the Commission, and (ii) is subject to reasonable time,
place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during Call
to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to
the Public, individual commissioners may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that
the matter be placed on a future Commission agenda.
4.CONSIDERATION OF for approving the Planning and Zoning Commission regular meeting
minutes from December 12, 2019.
5.CONSIDERATION OF Ordinance 20-03 amending Chapter 12, Commercial Zoning Districts, by
adding a new provision to Section 12.02 B., to allow indoor vehicle sales and rentals in the C-1
zoning district.
6.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
7.SUMMARY OF COMMISSION REQUESTS from Development Services Director.
8.REPORT from Development Services Director.
9.ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Planning and Zoning Commission with the Town Clerk.
Dated this ______ day of ____________________, 2019.
_____________________________________________
Paula Woodward, Executive Assistant
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or
1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Commission with this agenda are
available for review in the Development Services' Office.
Planning and Zoning Commission Meeting of January 23, 2020 2 of 2
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/23/2020 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: Paula Woodward, Executive Assistant
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language): CONSIDERATION OF for
approving the Planning and Zoning Commission regular meeting minutes from December 12, 2019.
Staff Summary (Background)
The intent of approving previous meeting minutes os to ensure an accurate account of the discussion
and action that took place at that meeting archival purposes. Approved minutes are placed on the
Town's website in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
Approval
Staff Recommendation(s)
Approval
SUGGESTED MOTION
MOVE to Approve the Planning and Zoning Commission regular meeting minutes dated December 12,
2019.
Attachments
Minutes
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 01/16/2020 03:05 PM
Form Started By: Paula Woodward Started On: 01/14/2020 09:30 AM
Final Approval Date: 01/16/2020
PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES
December 12, 2019 PAGE 1
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION
December 12, 2019
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Chairman Erik Hansen
Chairman Hansen called the meeting of December 12, 2019, to order at 6:00 p.m.
1. MOMENT OF SILENCE – Chairman Erik Hansen
2. ROLL CALL — Chairman Erik Hansen
COMMISSIONERS PRESENT: Chairman Erik Hansen, Vice Chairman Peter Gray; Commissioners,
Clayton Corey, Dan Kovacevic and Scott Schlossberg. Commissioner Mathew Boik was absent.
STAFF PRESENT: Development Services Director John Wesley and Executive Assistant Paula
Woodward.
3. CALL TO THE PUBLIC
None.
Pursuant to ARS. 38-431.01(H), public comment is permitted (not required) on matters NOT listed
on the agenda. Any such comment (I) must be within the jurisdiction of the Planning and Zoning
Commission and (ii) is subject to reasonable time, place, and manner restrictions. The Planning
and Zoning Commission will not discuss or take legal action on matters raised during "Call to the
Public" unless the matters are properly noticed for discussion and legal action. At the conclusion
of the Call to the Public, individual commissioners may (i) respond to criticism, (ii) ask staff to
review a matter, or (iii) ask that the matter be placed on a future Planning and Zoning Commission
agenda.
4. CONSIDERATION of approving the Planning and Zoning Commission meeting minutes dated
November 14, 2019.
Commissioner Dempster MOVED to approve the minutes of the Planning and Zoning Commission
dated November 14, 2019; Commissioner Schlossberg SECONDED: passed unanimously.
5. PUBLIC HEARING and CONSIDERATION OF a proposed SPECIAL USE PERMIT to allow an 11.25-
foot tall golf ball fence to be installed at 9045 North Crimson Canyon located in the R1-8A Single-
Family Residential Zoning District. Case SU2019-04
Chairman Hansen opened the public hearing at 6:01 p.m.
Mr. Wesley reviewed the application for a special use permit for a golf net. He said the applicant’s
residence continues to experience damage because of wayward golf balls. The residence abuts
the 12th fairway of the Eagle Mountain Golf Club. By installing a golf net the home would be
protected from further damage and prevent injuries to humans. Mr. Wesley said that the Zoning
property qualifies for the SUP and meets the ordinance standards. Staff does not see that
PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES
December 12, 2019 PAGE 2
the net would be detrimental to surrounding properties. Staff recommends approval of the Special
Use Permit to allow the installation of a golf ball fence.
In response to Commissioners questions, Mr. Wesley said that staff agrees that a black or grey
color net would blend with the property and the surroundings. In order for a golf net to become
effective, it has to be tall enough. The height requirements for an effective net prompt for the
Special Use Permit, which is reviewed by the commission and then town council.
Vice Chairman Gray suggested that the ordinance might need an update regarding the distance of
600 feet. It may be outdated. Mr. Gray asked if the surrounding properties are notified that a
neighbor requested a golf net.
Mr. Wesley said that all Special Use Permits require notification of properties near and adjacent
as well as public notice posting by the newspaper.
No one from the public wished to speak.
Chairman Hansen closed the public hearing at 6:08 p.m.
Commissioner Kovacevic MOVED to recommend an approval to the Town Council for a SPECIAL
USE PERMIT to allow a new 11.25-foot tall golf ball fence to be installed at 9045 North Crimson
Canyon located in the R1-8A Single-Family Residential Zoning District. Case SU2019-04;
Commissioner Schlossberg SECONDED: passed unanimously.
6. PUBLIC HEARING and CONSIDERATION OF ORDINANCE 20-01 Amending Chapter 25,
Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to
allow consideration of residential densities in excess of eight (8) units per acre.
Chairman Hansen opened the public hearing at 6:10 p.m.
Mr. Wesley explained that Chapter 25, Entertainment Overlay District was added to the Zoning
Ordinance in 2016. The purpose of the district was to standardize regulations related to noise in
the town center area. The town center is zoned C-2 and C-3 with different noise allowances. By
amending the ordinance, there would only be one rule for both zoning areas.
In 2017, the Entertainment Overlay was amended to allow for single and multiple family dwellings
above the ground floor at a density up to eight units per acre.
The purpose of the amendment this evening is to allow density in excess of eight units per acre
with a Special Use Permit. This would allow a public review to examine the site and specific
impacts of higher density such as parking. Staff recommends approval of the requested
amendment, which allows consideration of higher density residential development in a mixed-use
building through the Special Use Permit process.
Vice Chairman Gray asked should the parking ratio be addressed since it is at eight or more per
acre.
Mr. Wesley replied that is a good point. The parking could become part of an update to the
parking regulations. Parking is an important part of the downtown area.
In response to Commissioner Dempster, Mr. Wesley said the overlay district is limited to eight
units per acre or less. The special use permit allows for eight or more units per acre. Without the
SUP, more than eight units would be denied.
PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES
December 12, 2019 PAGE 3
Commissioner Kovacevic asked how the parking would be evaluated if the parking ordinances are
not amended in the future.
Mr. Wesley said that a Special Use Permit does provide an opportunity for an amendment
requirement. However, in Plat 208, there is ample parking. The parking allocated there covers up
to three stories. In theory that should be plenty of parking. In other locations, it may be different.
Staff has an opportunity to evaluate these situations by the Special Use Permit application. Should
an application not have the correct parking it may be denied.
In response to Chairman Hansen Mr. Wesley, replied a SUP that is denied by council very likely
would not be eligible for a Board of Adjustment hearing. It would be hard to meet the criteria
the BOA requires.
No one from the public wished to speak.
Chairman Hansen closed the public hearing at 6:20 p.m.
Vice Chairman Gray MOVED to forward a recommendation to the Town Council to approve
Ordinance 20-01. Case #Z2019-08 Commissioner Dempster; SECONDED: passed unanimously.
7. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020.
Mr. Wesley thanked the commission for their comments. He said the next draft would be out in
mid-January. Discussion took place among the commissioners regarding changes to be made and
clarifications to the General Plan.
8. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
None
9. SUMMARY OF COMMISSION REQUESTS from Development Services Director.
None
10. REPORT from Development Services Director.
None
11. ADJOURNMENT.
The Regular Meeting of the Fountain Hills Planning and Zoning Commission held December 12,
2019, adjourned at 6:40 p.m.
Town of Fountain Hills
Erik Hansen, Chairman
ATTEST AND PREPARED BY:
Paula Woodward, Executive Assistant
PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES
December 12, 2019 PAGE 4
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by
the Planning and Zoning Commission of Fountain Hills in the Fountain Hills Council Chambers on the 12th day of
December 2019. I further certify that the meeting was duly called and that a quorum was present.
DATED this 23rd day of January 2020.
Paula Woodward, Executive Assistant
CERTIFICATE OF POSTING OF NOTICE
ITEM 5.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/23/2020 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language): CONSIDERATION
OF Ordinance 20-03 amending Chapter 12, Commercial Zoning Districts, by adding a new provision to
Section 12.02 B., to allow indoor vehicle sales and rentals in the C-1 zoning district.
Staff Summary (Background)
An application has been filed by Vladimir J. Buer on behalf of Vets Auto Center requesting the Town's
Zoning Ordinance be amended to allow indoor sale of used automobiles and motorcycles. To evaluate
this proposed text amendment, staff reviewed the purpose and intent of the C-1 zoning district, the
current uses allowed in the C-1 zoning district, and zoning ordinances of surrounding communities.
Purpose and Intent of the C-1 Zoning District
Chapter 12 of the Town of Fountain Hills Zoning Ordinance establishes the commercial zoning districts
and associated regulations for the Town. This chapter establishes five commercial zoning districts
ranging from C-O, Commercial Office, zoning district allowing primarily office type uses, to the C-3,
General Commercial, zoning district which allows a wide range of indoor and outdoor commercial
activities. Each commercial zoning district has an intended purpose and allowed uses. The higher
intensity uses build on the lower intensity uses and a greater impact on the surrounding developments.
Section 12.01 C of the Zoning Ordinance establishes the following with regards to the C-1 zoning district:
C-1. Neighborhood Commercial and Professional Zoning District: The Neighborhood Commercial
and Professional District is established to provide a location for modest, well-designed
commercial enterprises to serve a surrounding residential neighborhood, as well as to provide for
services to the community, which is not detrimental to the integrity of the surrounding
neighborhood, and to provide for the appropriate location of professional offices throughout the
community. The intent of this district is to integrate limited commercial activity and professional
offices throughout the community. The intent of this district is to integrate limited commercial
activity and professional offices with residential land uses in a climate favorable to both.
Particular attention is to be paid to the interface between commercial or professional uses and
the residential uses within the same neighborhood.
As can be seen from this purpose statement, the intent of the C-1 zoning district is to be a low impact
district, primarily serving the surrounding neighborhood, that can integrate into a surrounding
residential neighborhood. Uses allowed in this zoning district and the development standards
associated with this zoning district need to be in keeping with this intent.
Currently allowed Uses
The C-1 zoning district currently allows a wide range of typically smaller commercial activities such as:
bakeries, child care centers, florists, gift shops, and photo studios. It also allows for some retail uses
that can be larger and have a greater impact such as: banks, dry-cleaners, food stores, hardware stores,
and pharmacies. In addition, the zoning ordinance provides some limits to the uses allowed in the C-1
zoning district to keep properties in this zoning district more compatible with adjacent residential uses.
These limitations include requiring approval by Council of a Special Use Permit for drive-in windows,
operation of commercial or professional activities between 11 p.m. and 7 a.m., outdoor seating, private
schools for vocational education, and retail gasoline sales.
Uses commonly associated with vehicle sales and services are currently provided for only in the C-2 and
C-3 zoning districts. Sales of vehicles are allowed by right in the C-3 zoning district and require approval
of a Special Use Permit in the C-2 zoning district. Vehicle sales facilities are typically excluded from
lower intensity zoning districts because they usually involve lights, noise, and traffic impacts that are
not compatible with residential properties.
Review of other Zoning Ordinances
In virtually all cities and towns, new and use car sales operations are allowed only in more intense
commercial and industrial zoning districts. As part of this review, staff looked at the zoning ordinances
of several surrounding jurisdictions and did not find any that allow auto sales in a zoning district
comparable to the Town's C-1 zoning district.
Analysis
While the typical vehicle dealership is a fairly intense operation that should be separated from
residential uses, there are some trends in the market to different means of selling vehicles. More
options are now available for purchasing vehicles on line. Some dealerships will have indoor
showrooms in strip centers such as the Tesla sales office in Kierland Commons in Scottsdale.
As outlined above, the C-1 zoning district is designed and intended to be for less intense uses that
typically serve a smaller geographic area and have minimal impact on an adjacent residential
neighborhood. That is why this zoning district does not allow outdoor uses and requires approval of a
special use permit for things such as drive-up windows, extended hours, and outdoor dining. If vehicle
sales are going to be allowed in the C-1 zoning district, it would need to be done in a way that does not
impact adjacent neighborhoods.
To address the potential impacts of vehicle sales in a C-1 zoning district, the applicant has included in
their proposed amendment that all display and sales occur indoors. The application also includes a
provision that the use not be allowed to provide any vehicle service work. Staff agrees these would be
important elements to consider to allow this use in the C-1 zoning district.
Another component that would be beneficial is to limit the area devoted to display; having a large
facility could generate traffic out of scale with a residential area. The applicant has suggested that such
businesses be limited to a maximum of 20 vehicles. It would be hard to regulate on the number of
vehicles; it will be easier to set a maximum floor area for display. Given approximately 300 sq. ft. of
floor area per vehicle, this would require a display area of approximately 6,000 sq. ft. This is about twice
floor area per vehicle, this would require a display area of approximately 6,000 sq. ft. This is about twice
the size of a typical fast food restaurant and a little smaller than the Discount Tire Store on Shea. Staff is
suggesting that the display area should be limited to something under 5,000 square-feet.
A final additional standard that may be important to insuring a fit with a fit with an adjacent residential
area would be to limit the evening hours of operation. Currently, uses in the C-1 district are cannot
open before 7 a.m. and must close by 11 p.m. While the display will be indoors, vehicles will be
delivered and people may take them on test drives. This is added noise that may be incompatible
with an adjacent residential area. Staff suggests the Commission consider limiting the hours of
operation on Sunday through Thursday nights to 9 p.m.
Related Ordinance, Policy or Guiding Principle
General Plan 2010, Chapter 3 - includes goals and policies related to improving use of existing
commercial property and being creative in attracting small and medium-sized businesses. This chapter
also include policies regarding the importance of protecting residential neighborhoods from
incompatible uses.
Zoning Ordinance, Chapter 12, Sections 12.02 - 12.06 - lists the uses permitted and those requiring
Special Use Permits in each of the commercial zoning districts.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the proposed text amendment with the Commission's determination
regarding maximum size of display area and limiting hours of operation.
SUGGESTED MOTION
Staff will assist the Commission in formulating a motion as needed.
Attachments
Draft Ordinance
Narrative
Application
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 01/16/2020 06:50 AM
Form Started By: John Wesley Started On: 01/07/2020 06:52 AM
Final Approval Date: 01/16/2020
ORDINANCE NO. 20-03
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING
ORDINANCE, CHAPTER 12, COMMERCIAL ZONING DISTRICTS, SECTION 12.02 B,
ADDING A NEW SUBSECTION 12.02 B. 4. ALLOWING NEW AND USED VEHICLE
SALES IN THE C-1 ZONING DISTRICT, AND ESTABLISHING CRITERIA FOR THIS
USE.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for
the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
12, Commercial Zoning Districts, by adding a new Subsection to 12.02 B. to provide for new and
used automobile sales in the C-1 zoning district; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the January 8, 2020 and
January 15, 2020 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on January 23, 2020 and by the Town Council on February 18, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 12, (Commercial Zoning Districts), is
amended by adding a new Subsection 12.02 B. 4., is hereby added as follows:
4. SALE OF NEW AND USED AUTOMOBILES, GOLF CARTS, ALL-TERRAIN
VEHICLES, AND MOTORCYCLES ARE PERMITTED IN THE C-1 ZONING
DISTRICT, PROVIDED ALL THE FOLLOWING CONDITIONS ARE MET:
a. ALL DISPLAY OF INVENTORY AND MERCHANDISE IS
COMPLETELY WITHIN AN ENCLOSED BUILDING, WITHOUT
OUTDOOR DISPLAY OF ANY VEHICLE;
b. ALL SALES ACTIVITIES OCCUR WITHIN THE BUILDING;
c. NO WASHING, MAINTENANCE, OR SERVICE WORK IS
PERFORMED ON THE VEHICLES ON SITE;
d. THE MAXIMUM AREA DEVOTED TO DISPLAY OF VEHCILES
DOES NOT EXCEED ______ SQUARE FEET; AND,
e. THE BUSINESS IS CLOSED BY __ P.M. SUNDAY THROUGH
THURSDAY.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry out
the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona,_______.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney