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HomeMy WebLinkAboutAGENDApacket__12-12-22_0619_418       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS PLANNING AND ZONING COMMISSION      Chairman Peter Gray  Vice Chairman Scott Schlossberg Commissioner Patrick Dapaah Commissioner Clayton Corey Commissioner Susan Dempster Commissioner Dan Kovacevic Commissioner Rick Watts, Jr.      TIME:6:00 P.M. – REGULAR MEETING WHEN:MONDAY, DECEMBER 12, 2022 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 Presiding Officer and not to individual Commissioners. 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 Gray     2.ROLL CALL – Chairman Gray     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 AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission November 14, 2022.     5.CONSIDERATION AND POSSIBLE ACTION: A Special Use Permit for the construction of golf ball fences on property located at 15816 E. Brittlebush Lane.     6.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance 23-01, amending Chapter 1, Introduction, Section 1.12, Definitions, by adding definitions related to detoxification and drug treatment facilities; amending Chapter 12, Commercial Zoning Districts, Sections 12.02, 12.05, and 12.06 to add uses for detoxification and drug treatment facilities; Section 12.03 to amend group home to community residence; and, amending Chapter 18, Town Center Commercial Zoning District, Section 18.05 B to amend group home to community residence.     7.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.    8.SUMMARY OF COMMISSION REQUESTS from Development Services Director.    9.REPORT from Development Services Director.    10.ADJOURNMENT          Planning and Zoning Commission Meeting of December 12, 2022 2 of 3   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 ____________________, 2022. _____________________________________________  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 December 12, 2022 3 of 3 ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/12/2022 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Paula Woodward, Executive Assistant Staff Contact Information: Paula Woodward, Executive Assistant Request to Planning and Zoning Commission (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission November 14, 2022. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records 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) N/A Staff Recommendation(s) Staff recommends approving the meeting minutes of the regular meeting minutes of the Planning and Zoning Commission November 14, 2022.   SUGGESTED MOTION MOVE to approve the regular meeting minutes of the Planning and Zoning Commission November 14, 2022. Attachments SUMMARY AND TRANSCRIPT  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION NOVEMBER 14, 2022 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Chairman Gray called the Regular Meeting of the Fountain Hills Planning and Zoning Commission held November 14, 2022, to order at 6:00 p.m. and led the Commission and the public in the Pledge of Allegiance and a Moment of Silence. 2. ROLL CALL Present: Chairman Peter Gray; Vice Chairman Scott Schlossberg; Commissioner Clayton Corey; Commissioner Susan Dempster; Commissioner Dan Kovacevic; Commissioner Rick Watts, Jr.; Commissioner Patrick Dapaah Staff Present: Development Services Director John Wesley; Senior Planner Farhad Tavassoli; Executive Assistant Paula Woodward 3. CALL TO THE PUBLIC 4. CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission October 10, 2022. MOVED BY Commissioner Susan Dempster, SECONDED BY Commissioner Dan Kovacevic to approve the Planning and Zoning Commission minutes of the Regular Meeting of October 10, 2022. Vote: 7 - 0 - Unanimously 5. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: ORDINANCE 22-08 amending Chapter 1 (Introduction) and Chapter 12 (Commercial Zoning Districts) by adding provisions to allow indoor shooting ranges in the C-2 (Intermediate Commercial) and C-3 (General Commercial) zoning districts as a permitted use, and in the C-C (Common Commercial) and C-1 (Neighborhood Commercial and Professional) zoning districts with an approved Special Use Permit. Case #TAM22-06 Planning and Zoning Commission Meeting of November 14, 2022 2 of 3 MOVED BY Chairman Peter Gray, SECONDED BY Commissioner Clayton Corey to forward a recommendation to the Town Council to approve a Special Use Permit to allow an indoor shooting range on an existing commercial building located at 17205 East Shea Blvd, to include: Vote: 7 - 0 - Unanimously 6. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: SPECIAL USE PERMIT to allow an indoor shooting range on an existing commercial building within a 1.43-acre parcel generally located approximately 1,400 feet southeast of the southeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 17205 E. Shea Blvd; APN#176-10-247) in the C-1 – Neighborhood Commercial and Professional Zoning District. Lou Teyler, Fountain Hills resident, expressed concern regarding the hours of operation and the potential effects of noise. She complimented the business owners addressing the exterior light brightness. Jeff Flynn, Fountain Hills resident, submitted a comment form stating that the location of the business is a short distance from the bottom of their driveway. He said he would prefer not to have an indoor shooting range so close to his property. He said he would support permit approval if a barrier wall was built to shield the view of the parking lot and mitigate the increased lighting and noise. MOVED BY Commissioner Susan Dempster, SECONDED BY Commissioner Dan Kovacevic to forward a recommendation to the Town Council to approve a Special Use Permit to allow an indoor shooting range on an existing commercial building located at 17205 East Shea Blvd, contingent on the approval of agenda item number 5. Vote: 7 - 0 - Unanimously 7. REVIEW AND DISCUSS possible amendments to the Zoning Ordinance, Chapter 7, Parking and Loading Requirements. John Wesley, Development Services Director, presented information contained in the staff report and gave a PowerPoint presentation regarding the Chapter 7 Zoning Ordinance, Parking and an overview of possible changes. Discussion ensued relative to commercial and residential parking requirements. No action was taken. Planning and Zoning Commission Meeting of November 14, 2022 3 of 3 8. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Commissioner Corey commented that it would be easier to read and compare the proposed ordinance language against the current ordinance if the changes were redlined. Commissioner Watts commented that regulations for bicyclists need to be enforced in Fountain Hills. 9. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 10. REPORT from Development Services Director. Mr. Wesley said that the December Planning and Zoning Commission meeting agenda will include a Special Use Permit for a golf net and the ordinance proposal for detox facilities. 11. ADJOURNMENT The Regular Meeting of the Fountain Hills Planning and Zoning Commission held November 14, 2022, adjourned at 8:08 p.m. PLANNING AND ZONING COMMISSION Chairman Peter Gray ATTESTED AND PREPARED BY Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Planning and Zoning Commission, Fountain Hills in the Town Hall Council Chambers on November 14, 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this day of November 14, 2022. Paula Woodward, Executive Assistant Town of Fountain Hills Page 1 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 1 of 53 Post-Production File Town of Fountain Hills November 14, 2022 Planning & Zoning Commission Meeting Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * Town of Fountain Hills Page 2 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 2 of 53 GRAY: Paula, can we do roll call, please. WOODWARD: Commissioner Corey? COREY: Here. WOODWARD: Commissioner Dapaah? DAPAAH: Here. WOODWARD: Commissioner Dempster? DEMPSTER: Here. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Here. WOODWARD: Commissioner Watts? WATTS: Here. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Here. WOODWARD: Chairman Gray? GRAY: Here. Thank you, Paula. Before we move on to Agenda Item 3, just a reminder, if you wish to speak on any agenda item this evening, there are speaker cards located in the back corner of the hall here. Please fill those out and deliver them to Paula, and we'll call you up for the three-minute allocation for the agenda item that you so choose. With that, Number 3, call to the public. Paula, any speaker cards? WOODWARD: No, Chairman. GRAY: Thank you, Paula. Agenda Item 4, consideration and possible action: Approving the regular meeting minutes of the Planning and Zoning Commission from October 10, 2022. Paula, I see we got a new software. WOODWARD: Yes. GRAY: Very nice. Very nice. I realize that I need to work on some of my pronunciations, but. Overall, very good. Commissioners, any comments or a motion, please? DEMPSTER: I'd like to make a motion to approve the regular meeting minutes of the Planning and Zoning Commission, October 10th, 2022 meeting. GRAY: Second? KOVACEVIC: Second. Town of Fountain Hills Page 3 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 3 of 53 GRAY: All in favor? ALL: Aye. WOODWARD: Seven-zero. GRAY: Thank you. Okay. Number 5, public hearing and consideration with possible action on Ordinance 22-08 to amend Chapter 1 and Chapter 12 by adding provisions to allow indoor shooting ranges into the C-2 and C-3 zoning districts as a permitted use and in the C-C (Common Commercial) and C-1 (Neighborhood Commercial and Professional) zoning districts with an approved special use permit. Farhad, your presentation, please. TAVASSOLI: Thank you, Mr. Chairman, members of the Commission. That was quite a mouthful there. But as you said, this is in consideration of allowing indoor shooting ranges in the commercial zoning districts with certain provisions, depending on which zoning districts we are speaking of. So this is per direction from the Planning and Zoning Commission from the -- followed the September meeting. Though it's staff-initiated, the impetus for this is recent interest in establishing an indoor shooting range here in the Town of Fountain Hills. Indoor shooting ranges are not specified in the zoning ordinance. That's why a particular case came before you in September. Although this that I'm presenting before you right now, to be clear, is not site-specific. This is a zoning ordinance text amendment request. So the proposal is to allow indoor shooting ranges within the C-C -- or the community commercial district -- and the C-1 neighborhood commercial zoning district with a special use permit. And that would require a public hearing. And also to allow it in the C-2 and C-3 zoning district as a matter of right. So staff felt it is important to define the terms here and leave no room for ambiguity. That's why staff is, as you can see in the beginning of the report, is proposing a definition of an indoor shooting range to be added in Chapter 1 of Zoning Ordinance, particularly in the definition section. So staff proposes this following definition that is modeled after another zoning ordinance here in the country. But an indoor shooting range is pretty well defined as an "enclosed permanent building open to the public for members of an organization where firearms are discharged at targets". So nothing more; nothing less. And so the proposal, as I said earlier in the presentation, is to allow this use in the Town of Fountain Hills Page 4 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 4 of 53 commercial zoning districts. However, also, as I mentioned earlier, it is to allow it with the provision of a special use permit in the C-C and C-1 zoning districts. If you look at the zoning ordinance, the C-C and C-1 are identical in terms of the uses that are allowed. The only difference being that in the C-C zoning district one is allowed a common parking area to serve all the units or separate parcels within a commercial area. Also, these two zoning districts are -- their primary purpose is intended to serve the surrounding neighborhood with small business enterprises or to serve the larger community with certain services. However, in the C-2 and C-3 zoning districts, as you may very well know, they're more intense, and they serve a much larger market area. And incidentally, when looking at some of the uses allowed in the C-2 zoning district, particularly, one finds that a pool hall or a fitness center is allowed as a matter of right in those zoning districts. And in terms of intensity, staff felt that an indoor shooting range is very similar. So our analysis and staff recommendation is based on the following findings: That the text amendment, as I mentioned, is in response to recent interest in establishing an indoor shooting range, which I will discuss a site-specific case in the next presentation. It also provides a definition and recognizes it as a distinct use. Again, currently, it's not mentioned in the zoning ordinance. It would expand the inventory of potential sites for indoor shooting ranges and encourages, particularly for special use permit cases, it encourages detailed analysis of factors, such as the traffic impact to a particular site, appearance, noise, and business hours. And I might also add whether or not a particular indoor shooting range is open to the public or if it's membership-based. That is something the Planning and Zoning Commission and the Town Council can consider when presented with a special use permit case. It also provides some opportunity to control the use in specific areas. And in conclusion, staff recommends approval of the zoning ordinance text amendment as presented before you in the ordinance 22- -- I believe, 08. And at this time, I'll be open to any questions you might have. GRAY: Commissioner Kovacevic? KOVACEVIC: I don't have any questions. Yeah. Sorry about that. GRAY: Commissioner Watts? WATTS: Farhad, I've got one question. Town of Fountain Hills Page 5 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 5 of 53 GRAY: No light. WATTS: Wrong button. A question. Somewhere in that Section 12 of the zoning and the -- I think it was C-2 -- I'm not positive -- but there was the, by right, recreational use for the public or members. Why wouldn't this fall under that? TAVASSOLI: Particularly for C-2? WATTS: Yes. TAVASSOLI: Why wouldn't this use -- WATTS: I think it was -- TAVASSOLI: -- of -- WATTS: Yeah. I think it was C-2. It might've been -- could've been C3. I don't -- TAVASSOLI: Mr. Chairman, members of the Commission, we felt that was a little vague to just simply categorize this as just one of the many uses that would fall under recreational use. We thought it would be of benefit to avoid, you know, any ambiguity to specify it as a specific use, as has been mentioned in some of the other zoning ordinances that we looked at across the Valley, including Scottsdale and Mesa and so forth. WATTS: But in that light, shouldn't we take out, then, recreational facilities to avoid the ambiguity in the future? TAVASSOLI: It's a good point. We certainly haven't given it much thought. But I'm not sure if it might -- we might be removing, you know, the possibility of some other uses that might fit into that category. WATTS: It was just a curiosity. I mean, when I look at it, this is a recreational facility -- TAVASSOLI: Right. WATTS: -- whether you agree or you don't. But if you're going to leave it in, you'll leave in that ambiguity for other things that might occur. And if you put this in -- I don't know if we're going through an exercise that isn't necessary. Or I'm not quite -- I don't quite understand it. GRAY: Yeah. WESLEY: Chairman, Commissioner Watts, I'm not going to address your comments specifically, but in a more general nature. One of the side projects I have been working on is a redo of all of our commercial classifications because they are getting kind of jumbled over time as we add different little things in. And so hopefully, before too long Town of Fountain Hills Page 6 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 6 of 53 that'll be another item I'll bring back, and we'll certainly be looking at that in a way to kind of recategorize and clean up some of these things that are in there. But I don't see any short-term issues with this. It's specifically helpful in the C-1 and the C-C districts to have them listed specifically, because we are trying to target -- no pun intended -- the specific use in those districts and what would be allowed. We haven't studied other ones besides this one. WATTS: Okay. Thank you. GRAY: Mr. Kovacevic? KOVACEVIC: So we're considering the land use prospects of a shooting range. If they're allowed by right in C-2 and C-3, the building specifications -- and our petitioner has gone through great lengths to build us a safe range. If it's used by -- if it's permitted by right, it can go through staff, and it's up to staff to make sure that the plans and specs are appropriate? TAVASSOLI: Mr. Chairman, members of the Commission, correct. You know, we'll make sure that they meet certain standards to ensure that no noise escapes from the building, that it's properly insulated, and make sure that all the activity is contained entirely within the building. And that would require staff requesting, perhaps, documentation that specifically addresses those concerns. KOVACEVIC: Okay. Thank you. TAVASSOLI: Sure. GRAY: Commissioner Dempster? DEMPSTER: Thank you. Farhad, I am curious why we're including C-C in doing a special use permit for this use. And I understand, you said the only difference is common parking. But I'm very much in favor of this, and not just that we work hard in buffering commercial and residential. And I don't -- I did not look back at a chart to see what effects it would have, how much C-C zoning we have. And I know a significant amount is next to residential. But was that for ease to just include it kind of across the board or what was the thought behind that? TAVASSOLI: Chairman and Commissioner, in terms of where the C-C commercial zoning districts and the C-1 commercial districts are located within the Town of Fountain Town of Fountain Hills Page 7 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 7 of 53 Hills, they share the same characteristics as far as, you know, how they are situated near major intersections. As I mentioned -- as you mentioned, the only difference being common parking areas, which is only allowed in the C-C and not the C-1. Otherwise, the uses allowed are identical. There might be some differences in parcel size, but as far as where they're situated in relation to intersections and other uses, they're very similar. DEMPSTER: Thank you. GRAY: Farhad, just a couple, I guess, three questions or points I wanted to raise. One, I just wanted to ask, was there any feedback from Economic Development one way or another on this proposed amendment, or even no, you know, no opinion? TAVASSOLI: Mr. Chairman, this case has been brought up -- this proposal and the case that's going to follow -- has been brought up at staff meetings -- weekly staff meetings with the managers where there was an opportunity to try to amend by Economic Development, and we haven't -- GRAY: So without objection? TAVASSOLI: -- had any -- yeah, right. GRAY: And then, I know you mentioned in response to Commissioner Kovacevic, you know, design criteria and standards. I know we've had other cases in the past where noise, in particular, and how that's applied with respect to commercial operations, and there's -- I guess it's not quite clear in my mind, but I obviously could see this particular use, you know, being a repetitive noise, you know, at a fairly high rate being something that's probably paramount importance to adjacent stakeholders. How can we tie down the zero noise escape or zero decibel escape within our definition or elsewhere specific to the use? Just, again, you know, pointing to the repetitive nature of, you know, of a firing range, et cetera. And then wanted to also just look at it from the lens of, you know, a door opens -- can we prescribe a sally port type of scenario within design criteria to where, you know, one door opens, one door closes so you don't have that opportunity to adversely impact, you know, adjacent stakeholders, homeowners, et cetera? TAVASSOLI: Right. Mr. Chairman, not being an expert on the design of shooting ranges I'm not sure how much I could provide. We do have representatives from -- I'm sorry; forgot the name of your -- Town of Fountain Hills Page 8 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 8 of 53 TYLER: Action Target. TAVASSOLI: -- Action Target here, who might be able to shed some light on that and provide, you know, suggestions for this particular -- GRAY: Okay. Yeah. And I guess, I'm really interested in that. That's something that we would bake in. I mean, I'm -- you know, not having gone through the public hearing portion of this, but having to address this last month or two months ago, I think, you know, I think we're pretty comfortable with where this is heading, but it think that that's something that, if we don't tie it down, I think that it -- you know, it may not get away from us on this one, but it could on the next one. And my last inquiry is just kind of playing the what if game here. I know we talked about this two months ago and what caliber would be fired at this location. But do we also, in our definition, need to put a cap on caliber size for an indoor range? And that's somewhat of a naive question. I'm not, you know, I'm not well-versed in shooting ranges by any means, but is that something else that, in defining, you know, what an indoor shooting range is, do we say up to caliber X kind of thing? And maybe that's a collaborative discussion with Action Target as well. TAVASSOLI: Mr. Chairman, certainly, you know, those points can be brought up. You know, if this were to be approved as proposed, then those are certainly questions that can be asked for the special use permit cases. I'm not sure about the C-2 and the C-3 zoning districts, however. I can say, looking at other zoning ordinances in the Valley -- and I've looked at about five or six where this use is specified -- however, in terms of specifics, it doesn't get down to that level as to caliber size or sound attenuation and things of that nature. GRAY: And maybe where I'm angling towards is in the C-2, C-3 districts, you know, up to a certain caliber, and then special use permit trigger over and above that, potentially. Anyway, just for -- TAVASSOLI: Sure. GRAY: -- further discussion as the night progresses. Commissioner Watts? WATTS: Two more questions. One, pertaining to the C-C and C-1. Do we have to give a special use opportunity in those two zoning areas, or should we be more specific and say it only applies to C-2 or C-3, whichever one we land on? Town of Fountain Hills Page 9 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 9 of 53 TAVASSOLI: Mr. Chairman, Commissioner Watts, we certainly would be open to tailoring this in such a way that would be more appropriate. Do we have to -- does it have to be a considered and approved as presented? No. I mean, it could be -- WATTS: Yeah. I'm thinking along the lines of Commissioner Dempster that -- TAVASSOLI: Yeah. WATTS: -- there's a sensitivity issue all around in putting it into the C-C or C-1. TAVASSOLI: Sure. WATTS: And the other thing is, our building codes cite an awful lot of standards across the country, whether it's an AIA-type standard or whether it's some building association. I'd suggest that we utilize this as kind of the poster child for future endeavors, maybe along the lines of somebody wants to put an indoor racing cart center, you know, somewhere. I don't know if we got the size for it, but something else that is noisy, but we can mitigate the noise problem, whether it's the vestibule concept or whatnot. So I think those would be good things to incorporate into our building codes. I'd like to see something along those lines. GRAY: Yeah. I concur with Commissioner Watts on that. I think one of our main obligations is to preserve welfare of all adjacent stakeholders. So I'm very much in favor of that. Commissioners, any other thoughts for Farhad before we open the public comment? Okay. Paula, do we have any speaker cards? WOODWARD: No, Chairman. GRAY: Thank you, Paula. Well, Farhad, you're back on the mic again. Final discussion or a motion? Or I guess, I should ask do we have any presentation from the applicant? TAVASSOLI: Actually, this is staff-initiated, but -- GRAY: Okay. TAVASSOLI: Yeah. So certainly, the next agenda item. GRAY: I would like to discuss the two points around, you know, potential, you know, what's an appropriate max caliber up to. And then, you know, what becomes potentially special use over and above that. And then any thoughts regarding language that would assist with noise containment. KOVACEVIC: We addressed a noise ordinance at some point before, correct? And -- GRAY: Yeah. Town of Fountain Hills Page 10 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 10 of 53 KOVACEVIC: But we -- GRAY: In residential. KOVACEVIC: But we haven't changed. There's still a noise ordinance in place. And it is specific as to how many decibels at what time. It is not specific as to how many decibels at what time. GRAY: Yeah. There was a lot of discussion about metering and calibration of meters and who did or didn't want to use meters. And it was also geared towards residential, and that was discussed. And that's the -- I'm going back to a case a couple years ago, but there was all sorts of deliberation over what's appropriate mechanical noise from a commercial building, you know, when it abuts residential. And the end result of it was that it's very subjective that some of those criteria do not apply. And so I think in this case when you've got, you know, when you got "pop, pop, pop", you know. I wouldn't want to live next door to that and hear it, even in the slightest bit. I'm in favor of the amendment, but I would like to see some prescription that addresses that. SCHLOSSBERG: (Indiscernible)? GRAY: Yeah. SCHLOSSBERG: Yeah. I'm sure they'll address that. I mean, if you've been to the range, I mean -- you don't -- if you've been to the range you don't hear anything outside of the confine -- I mean, at all. As a matter of fact, when you walk in you don't really hear anything until you actually go into the actual active shooting area. So as far as sound concerns outside of the building -- GRAY: Um-hum. SCHLOSSBERG: -- just from personal experience -- GRAY: Okay. SCHLOSSBERG: -- there should be none. COREY: Yeah, I was going to say that it was my assumption as well that it was zero. So the decibels wouldn't really apply in that case. GRAY: So I'm just playing devil's advocate here. But we all say "zero" -- experience is zero, but what if the next applicant comes in and says, well, you can just hear a little bit. You know, it's not more than a car starting, you know. But it's still that "pop, pop, pop". If I owned the house next door -- and we're allowing this in C-0 or C-1, I would be in Town of Fountain Hills Page 11 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 11 of 53 here every week. WATTS: But isn't that why we're -- we talked about incorporating the building profile as a building -- into our building codes so that, assuming for the moment, theirs is zero today -- sound outside the building -- and there's a couple facilities in town in Scottsdale that you can't hear anything until you get next to the windows. And then you can hear something, but marginal. So you incorporate that into the building codes and make everybody adhere to that in the future. Don't you resolve that problem? GRAY: I think so. But that's not where we're at today, I guess, is my devil's advocate position. Response? COREY: So Chair may have already addressed this, and he said it a lot more eloquently, but just to kind of simplify it a little bit. So when we're -- so right now we're just simply approving whether the SUP can go in C-C or C-1, and if it's by right in C-2, C-3. So if this gets approved, what are we locking ourselves into at the C-2, C-3, so when it comes to, like, membership versus non-membership -- and I don't know what that entails, but I think it would be something that we'd want to know about. Can people just walk in and use this place? And then how would noise be addressed if, say, they said it was going to be zero, and it ended up being, you know, higher? You know, how would that get addressed at that point? And then, like, Chair said, the caliber. So if we are approving this, are we locking ourselves into something at C-2, C-3, or does that get addressed another way through, like, the building codes and whatnot? TAVASSOLI: Mr. Chairman, members of the Commission, well, certainly in the cases of C-2, C-3, if there's ever a proposal for an indoor shooting range in any of one of those districts staff can certainly -- I'm not sure if stipulation is the right word, but place some sort of condition that would ensure that no noise is to escape the building. And that may be in the form of providing some sort of -- some sort of documentation, like design specifics -- COREY: Okay. TAVASSOLI: -- that will be applied to ensure that. And then, if, after approval, and if after construction and final inspection and so on, if there's every any complaint about any kind of noise escaping the building then that would certainly be a violation, and we could Town of Fountain Hills Page 12 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 12 of 53 ask the owner to take corrective action. GRAY: Okay. KOVACEVIC: I'm thinking maybe the petitioner can help us out a little bit with who are the governing -- the bodies that -- SEAN: So -- KOVACEVIC: -- create the standards for building shooting ranges? SEAN: Right. So I hired -- or we're working with Action Target. They build an NRA- certified range. And he'll answer any more specifics, but bottom line is it has to meet a certain standard. The caliber is AR500 rated or lower, which, for us is important, because if we want to let law enforcement qualify that's the kind of calibers they also use. And finally, the access corridor, like you were mentioning, yeah, you go in, one door shuts, then they go down and into the range and one door shuts before the other door opens. And as far as noise goes, it's basically to your property line. There's no noise above the normal sound that you hear. For instance, when Chris (ph.) was here -- this is Tyler (ph.) from Action Target -- he used his decibel meter, and cars going by were up to 100 decibels. Right now, what we have -- if you were to go in there right now and shoot into a bullet trap, the decibels outside the building is about 77 decibels. And we haven't even done the wall yet. So once you put in the wall, just, like Vice Chair Schlossberg mentioned, you can't hear it. Now, in that very rare circumstance when somebody might open the service door at the same time that people are firing, there could be some escape, but it still won't make it to our property line before it's washed out. And to meet your question about certifications. If in the special-use permit they put NRA-certified indoor range, then that would meet all that criteria that you were mentioning. And then the caliber would be AR500, which would meet your caliber question. And then the access corridor is built in to any NRA- certified range. Did I miss anything, Tyler? TYLER: Could I add something? SEAN: Sure. TYLER: If you don't mind. Just for clarification, it's the NRA Range Source Book, Town of Fountain Hills Page 13 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 13 of 53 which is everything that it's built off of. So that's something that you could Google and find documentation by the NRA. The second thing is on the caliber. I would personally recommend doing some sort of caveat or something based off of the FPS of a specific round that you're interested in. We brought up how local law enforcement agencies use AR-15s, which a typical FPS is around 3,000 feet per second. That's very common for a rifle round. So I would recommend any caveats to be based around something like that. And then specific to the range that is being designed for this, we're looking to do an 8- inch solid concrete building, essentially, within the proposed site. No sound will escape that building. And then there's a minimum of 4 foot space between the range wall and the exterior wall. So the sound has to travel through a lot of space even before it reaches the building walls. And that's let alone the property line. So we're talking about a lot of space for these rounds to be heard through. GRAY: Okay. Well, I just wanted to get clarification. So AR500 and 3,000 feet per second? TYLER: The AR500 is a classification of steel that we use. It's abrasion-resistant steel. 500 is the determining factor. So that's not necessarily related to a rifle round, but what we use to protect against rifle rounds, if that makes sense. GRAY: Okay. And is there a scenario in the industry where -- is that measure warranted, in your experience? Is there a scenario in the industry where there's ranges built that, you know, exceed that feet per second? TYLER: Exceed the feet per second? Yes. There's cartridges in the industry, like a 50- caliber, for example, that does exceed the 3,000 foot per second. And in those instances, the design of a shooting range would vary slightly. The AR500 protects everything up to a .50 BMG. GRAY: And if we put that constraint on the range design does that unduly burden the average applicant? TYLER: In reference to the AR500? GRAY: No, the 3,000 feet per second component. TYLER: It's not an undo restraint. No, that is a very common rifle round. So as Action Target, we would allow all pistol calibers and nearly all rifle calibers to be shot on the Town of Fountain Hills Page 14 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 14 of 53 range. GRAY: And then one more question, and I'll concede the mic. But obviously in this case, this application -- you know, this text amendment is all -- it's got good merit and it's got good expertise behind through Action Target. Your colleague was here a couple months ago. TYLER: Yeah. GRAY: Is there a -- are there other standards out there that -- I guess I just want to ask, am I promoting something that's overly cautious in wanting to include some of these basic design standards, or has it been your experience that, you know, all applicants that you've come across or know of would be automatically designing to a minimum standard like that? TYLER: The minimum standard that Action Target has designed to is to allow pistol calibers only. So the 3,000 foot-per-second is above that. So this is -- what we're discussing right now is above what I would consider a minimum requirement to be, that is being a pistol caliber-only range, if that answers your question. GRAY: Just from a different angle. So really I'm talking about noise escape. TYLER: Um-hum. GRAY: Are there other designers out there or ownership groups out there who say, you know, I appreciate the NRA standard, but let's, you know, let's save dollars where we can save dollars, and maybe push the envelope a little bit further on noise escape to property line or beyond. Is that scenario out there that warrants us saying, hey, let's tie this down a little bit tighter to the NRA standard, or you know, something similar, or does that just not happen? TYLER: I would say that it is out there. The NRA is the baseline. So when -- especially when Action Target's designing ranges, that's what's used. Obviously, if no range manufacturer is chosen to move forward with a commercial range, corners can be cut. GRAY: Okay. What was that standard again? TYLER: The NRA Range Source Book. GRAY: Okay. Thank you. Commissioner Kovacevic? Oh, sorry. Commissioner Watts? WATTS: Two questions. One for the applicant. And that is, the 3,000 FPS to me -- it's Town of Fountain Hills Page 15 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 15 of 53 a good factory load. But if somebody's loading and reloading -- TYLER: Um-hum. WATTS: -- they can run hot loads -- TYLER: Absolutely. WATTS: -- and we'll never figure out in time to do anything about it. That's a problem. So you're to going to be able to preclude it. You have to rely on the vestibule. You have to rely on the walls. You're not going to be able to catch the guy or girl that's shooting and runs a hot load -- TYLER: Um-hum. WATTS: -- pure and simple. So while you cite the standard, we still have to rely on what's reasonable in the management of the facility to control these guys, whoever's on the range. So that's just a comment. Second comment is, as far as I'm not a proponent of including the C-C or the C-1. And I want to get a clarification on C-2 and C-3 -- thank you, by the way -- for which has the most restrictive hours, because we talked to the applicant last time about their hours of operation. We don't, to my knowledge, didn't want 24-hour operation. So which one -- which classification should we look to to limit those number of hours? TAVASSOLI: Mr. Chairman and Commissioner, both the C-2 and the C-3 allow 24- hour operation. WATTS: I thought one didn't. I thought one had more restrictive hours because -- TAVASSOLI: That would be the C-1. WATTS: Is that what it was? TAVASSOLI: Yeah. Yeah. That's why -- if you recall previously, their request was to rezone the property to a C-2. With this use being the impetus for that reason of request, but it still opened up the possibility of -- WATTS: I didn't -- TAVASSOLI: -- 24-hour operation. WATTS: -- I didn't bring my notes, so it's, like, oops. I had to get a clarification. Thank you. TAVASSOLI: Yeah, sure. GRAY: Commissioner Corey? Town of Fountain Hills Page 16 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 16 of 53 COREY: I did just have one more kind of technical question for the other person that was speaking. And I forgot your name; I'm sorry. TYLER: It's okay. It's Tyler. COREY: Tyler. And I'm asking because I've never actually been in a shooting range before, but as it comes to security, like, what kind of safeguards are there in place for somebody to not walk out with a gun, or like, are they chained up or are they -- like, how does that work? TYLER: I'll let Sean (ph.) answer that. SEAN: Guess what? We're in Arizona. Everybody could be carrying right now, according to the law. So a lot of times customers will carry, but the range protocol is that you bring your firearms unloaded in a case, and then they leave in a case. But we are also a FFL, so we sell firearms, and believe it or not, a lot of people are armed when they come in. COREY: Okay. SEAN: And so that's already happening. We can't control that part. COREY: I see. SEAN: But our protocol within the range is everything's unloaded, in a case, and there's just a certain protocol. That's why, I mean, another reason why we want membership- based program, because everybody goes through the same training. COREY: That was going to be my follow-up question. So that is what you prefer is that membership program so nobody just off the street can walk in and say -- SEAN: Oh, yeah, absolutely. COREY: -- I want to come in today. SEAN: I mean -- COREY: Okay. SEAN: -- I'm happy for as many restrictions as you'd like, because we set this up to be member-based. But as the city's doing it, you guys aren't just looking at me, you're looking at other people that may come in here and stuff like that. But again, it goes back to what we talked about before, where we're really looking at, like, an 80 percent member-based program, and having some nonmember-based use so that we can have -- let law enforcement qualify and have special events and stuff like that. Town of Fountain Hills Page 17 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 17 of 53 COREY: Okay. Thank you. SEAN: Um-hum. GRAY: Commissioner Dapaah? DAPAAH: Yeah. Quick question for the same gentleman there. Have you met the next door neighbor there, Mr. Flynn (ph.)? SEAN: The one right next to me? DAPAAH: It's -- SEAN: Jeff (ph.) and his wife? DAPAAH: Yeah, he's -- SEAN: Several times. DAPAAH: -- directly behind this particular property. Have you -- SEAN: No. I believe they're in Georgia. DAPAAH: Okay. SEAN: There's a renter there. DAPAAH: Okay. SEAN: Is this the one about the lights? DAPAAH: About the lights -- SEAN: It is. DAPAAH: -- and about the barrier. I don't know if this is the appropriate time to discuss some of the neighbor's concerns. UNIDENTIFIED SPEAKER: Yes, it is. SEAN: They're more than what -- DAPAAH: That's okay. We'll leave that. SEAN: We already addressed them, but -- DAPAAH: Okay. SEAN: -- we've had -- lights have been the issue, and just, I think we already went over this, but that property was bare since 2008. It's the first -- we're getting the first certificate of occupancy. So the property owners have let the -- you know, no lights were working. None of the standard parking lot lights and none of the lights on the building, so we simply went in and fixed them. And that made everybody, you know -- they're like, whoa, you mean there's a commercial building right there? Town of Fountain Hills Page 18 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 18 of 53 DAPAAH: Okay. SEAN: And that's what happened. But Mr. Flynn, they're in Georgia, and I did speak with the actual renter, and he's the one who told me they were in Georgia. He's like, yeah, I don't know. But they're in Georgia, so I don't know how they can be getting affected by this. But regardless, we had code enforcement come by, which Farhad is familiar with, and we put glare shields on everything. And we're at 3,000 k at 100 watts, which meets the city ordinance. And I believe that's it. but if there's something else, we'd be more than happy to address it. DAPAAH: Thank you. GRAY: So we'll pick that discussion up a little bit here with Agenda Item 6. Commissioners, final thoughts or a potential motion in relation to Agenda Item 5? I'll say, I have a preference to include the language -- and I'm not familiar with the NRA Range Source book, but I think more standard is better than less, so I'm in favor of that. And I'm also in favor -- and I appreciate Commissioner Watts, that we can't control what we can't control, but I think that putting the feet-per-second limits in the design spec, which should also, I guess, put limits on caliber size. I think those are probably both good -- add values to the ordinance language, not necessarily for this applicant, but for, you know, we never know what could come down the road. So Commissioners, any other thoughts or a motion, please? KOVACEVIC: I'm going to ask the other Commissioners -- ask all the Commissioners, does it make sense to require a special use permit even in C-2 and C-3, because of the 24- hour operation of those in -- allowed under those zoning classifications? And then I guess I would just make the statement that I think this is appropriate for C-C and C-1 because it's not that active. They take up a lot of space, but there aren't that many people using it at any one time. And you know, as a result, it's a low -- it's a low impact activity, assuming the sound is controlled. So those are my only other comments. GRAY: Commissioner Corey? COREY: I would say it's probably not preferable that something like this would be 24/7, and I don't know what standard are these typically, you know, based on during the day -- working hours, right, like? SEAN: And evenings. They'll have, like, up until 9 o'clock -- that's pretty popular Town of Fountain Hills Page 19 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 19 of 53 because people can't shoot during work, and they have to shoot afterwards. COREY: Have you seen these go 24/7 anywhere, like? Sorry. SEAN: No. I have not. No. COREY: Okay. SEAN: And we wouldn't be -- yeah, that would be a lot of work, but. COREY: So maybe it's something we could put in there and if somebody wanted to come in into a C-3 -- C-2, C-3, it would just have that stipulation that it's not 24/7, yeah. GRAY: I think we might really muddy things up. DEMPSTER: Yeah. GRAY: I -- DEMPSTER: I don't know what the concern with having a -- because it's fully contained inside. How is that a concern if it were 24-hour in C-2 and C-3. GRAY: Traffic. DEMPSTER: Traffic? WATTS: Around the building. Depending upon -- DEMPSTER: What about -- so movie theaters, arts, and music, furniture stores, hotels, motels, restaurants? Those are all allowed in C-2, C-3 without a special use permit with traffic incoming, going, and dumpsters and -- WESLEY: If you don't mind, I'll add to that. You've got liquor stores, hotels, motels, spas, and gyms, pool halls, billiard halls; those can all be 24 hours in a C-2 and C-3. So I'm not sure what's different about this one -- DEMPSTER: Yeah. I think we're -- WESLEY: -- compared to those. DEMPSTER: -- complicating this. COREY: But maybe it's safe to say that they're most likely not going to be 24/7, though. GRAY: I definitely think we don't want to extend 24-hour to C-C and C-1, right? WESLEY: No, right. GRAY: That's part of the reason that this carveout is happening. I'd go the other way with it and say that because of the, you know, regional versus local, you know, we're building a bridge here to allow something in C-C and C-1 under special use permit. I'd maybe take that a little bit further and say, in those two zoning designations that it's Town of Fountain Hills Page 20 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 20 of 53 membership only or membership only with a law enforcement carveout that we don't open the door to a regional catchment in C-C and C-1. I don't think regional catchments are appropriate. Again, the lens that I keep taking on these types of topics is, you know, if you own the properties adjacent, you know, and you spent X amount of dollars on that parcel and built on it, you know, who are we to say, well, the stakeholder next door just got to rewrite the rulebook. I don't care for that. So I would propose that we say that C-C and C-1 are membership only with a law enforcement, you know, qualifying carveout. I don't know what the language would necessarily be there. But tie it down a little tighter there, but leave the C-2 and C-3 component alone because of all of our other uses. So that's my thoughts. WATTS: So just for clarification, you want to leave C-C and C-1 is under special use permit only -- GRAY: Um-hum. WATTS: -- but then carte blanche on C-2 and C-3? GRAY: Yeah. WATTS: I mean, that's effectively what John said, is that they can put anything in there. GRAY: Yeah. WATTS: And I'm sensitive to the neighbors as well, but I think the design of the facility negates or minimizes any of that potential noise from escaping. So I'm not sure that there wouldn't be more traffic by including it in C-2 and C-3. So maybe even excluding it from C-2 and C-3 but including it for C-C and C-1. GRAY: You got to take me through that again. WATTS: Yeah, I'm confused as well. So maybe a question for Farhad. If the applicant applied for C-2 or C-3 today, would there be any restriction other than the interpretation of a recreational facility? TAVASSOLI: Mr. Chairman, Commissioner, no. No, there wouldn't -- WATTS: So they could put -- TAVASSOLI: -- would not be. GRAY: Except that we could put the cap on the feet per second and the trap design, which would at least cap the size or velocity of the round that could be discharged Town of Fountain Hills Page 21 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 21 of 53 without a special use permit in C-2 and C-3. TAVASSOLI: Right. And that certainly can be -- WATTS: But do you -- TAVASSOLI: -- codified in there at some point. WATTS: -- earlier point, you would -- TAVASSOLI: It's not yet. WATTS: We don't have that integrated into the building codes at this point. It's by their design. So until we get that integrated in and if we get it integrated in, then they could. GRAY: But we could say, allowed by right, at this -- under these parameters. WATTS: Yeah. You would imply that any future consideration would be applicable to those conditions; you could do that. GRAY: Yeah. I'd much rather do that than leave it to the interpretation of, you know, whosever the planner 15 years from now. WATTS: Right. GRAY: I think that's the -- you know, we'll often times say, you know, well Farhad would catch it. Maybe Farhad's not here in a decade, you know. WATTS: Right. GRAY: And the next person will say, well, I don't interpret it that way. So I think where we can put that limited -- and we heard, you know, really nondiscriminatory constraint on it, I think why not? WATTS: Well, there's no objection from the applicant. So you know, they're willing to do pretty much whatever because they're comfortable with the design and their membership for their clientele. I'm good with that. GRAY: Okay. Let's take a stab at a motion if we're okay. Any other discussion? No? Okay. So I'm going to open motion language here. So in relation to Agenda Item 5, case number TAM22-06, motion to forward a recommendation of approval to modify the various zoning chapters within the agenda item text there with the caveat that the definition include the design standard for max trap design AR500 and max velocity on the round discharge at 3,000 across all categories and require a special use permit to go above and beyond those parameters in all categories, in particular C-2 and C-3, require that designs be conducted under and measured against the NRA Range Source Book; is Town of Fountain Hills Page 22 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 22 of 53 that right? TYLER: Some of the verbiage that you used. I mistakenly used the 3,000 feet per second just as a filler. That might need to be looked into in comparison to the NRA book. And then second, in conjunction with the AR500 -- in relation to the trap -- there's multiple different designs for traps. And the design for this project does not use AR500, but uses rubber for that. So using that kind of verbiage would be slightly -- GRAY: Or equivalent. TYLER: Yeah. Or something along those lines. GRAY: Okay. Fine. TYLER: Thank you. GRAY: Thank you. So I'll modify the AR500 to say AR500 or equivalent. And I'd like to see if this floats at the vote that we would constrain the C-C and C-1 to be membership only with a carveout for law enforcement qualification. SEAN: Or special events? In other words, if I wanted to invite the Town Council to the range you don't have to be a member? Something like that? We'd want to be able to have special events. WATTS: Very infrequent, I'd say, "yes". GRAY: Agree? Okay. Or special events. SEAN: Sorry. (Indiscernible). GRAY: The Council has to vote on it, so. SEAN: Yeah. WATTS: The only other thing you want to make sure you've got is we just did the 3,000 followed by FPS, so there's a clarification there. GRAY: Okay. Farhad, is that clear on the motion? TAVASSOLI: Yes. Yes, I've been jotting that down, Mr. Chairman. It's a good thing we now have our -- GRAY: We have fancy software. TAVASSOLI: Yeah. So. COREY: Just a quick note. Did you want to mention that NRA Range Source Book? GRAY: We did. COREY: Okay. Town of Fountain Hills Page 23 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 23 of 53 GRAY: So we've got AR500 or equivalent. Trap design standard. Cap on the feet per second of the round at 3,000. We've got the NRA Range Source Book as a design standard. And we should say that the NRA Range Source Book should prevail over the FPS qualifier. And proposing that we include membership only, law enforcement qualification or special events specific to the C-C and C-1 zoning districts. COREY: Second. GRAY: Paula, can we do a roll call vote, please? WOODWARD: Commissioner Corey? COREY: Aye. WOODWARD: Commissioner Dapaah? DAPAAH: Aye. WOODWARD: Commissioner Dempster? DEMPSTER: Aye. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Aye. WOODWARD: Commissioner Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Aye. WOODWARD: Chairman Gray? GRAY: Aye. WOODWARD: Seven-zero. GRAY: Thank you, Paula. Okay. Now, the complimentary Agenda Item Number 6, public hearing consideration on public action on special use permit to allow the indoor shooting range on the existing commercial building, located at the intersection of North Saguaro Boulevard and East Shea Boulevard in the C-1 Neighborhood, Commercial, and Professional Zoning Districts. Farhad, presentation again, please. TAVASSOLI: All right. Thanks again, Mr. Chairman, members of the Commission. So as I mentioned in my previous presentation, this came before you originally as a rezone request back on September 12th. It was a rezone request from C-1 to C-2 now. Just in Town of Fountain Hills Page 24 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 24 of 53 light of the previous approval for the text amendment that has since changed to a special use permit request for an indoor shooting range at 17205 East Shea Boulevard. So a lot of this is -- nothing with respect to the applicant's request has changed since September, so it's really just the fact that it's a special use permit case now. So this is within an existing building on about a 1.4 acre property in a commercial strip center that is zoned C-2 -- I beg your pardon, C-1 -- about 1,400 feet southeast of the intersection of Shea and Saguaro. And so again, a special use permit request in a C-1 zoning district. It is a proposed indoor live fire range. There is a gun shop on the property. I'm not sure if it's opened yet, but it is allowed by right in the C-1 zoning district. So the special use permit is just for the 7,500 square foot -- I beg your pardon. The building is 7,500 square feet; I think a little -- about half of that or maybe a little bit less is proposed for the indoor live fire range. We'll see a site plan here coming up. So once again, as I discussed in my previous presentation -- I'm not going to read all of this, but the purpose and intent of the C-1 zoning district is to allow small enterprise businesses serving the immediate neighborhood and also providing services for the community as well. And there's particular attention often given to the interface between the commercial use and the neighboring neighborhood, and that's partly the reason why this is a special use permit case before you determine whether or not the use is compatible with the adjacent neighborhood. You've seen the aerial before, but this is just to give you an idea of the surrounding zoning. As I mentioned, the subject property is zoned C-1. It is -- to the west, rather, it is zoned R-143, so single family residential with a minimum lot size of 43,00 square feet. And across the street on Shea you'll see C-2, C- 1 again to the south. And up there where the R-5 is you see some multi-family residential there across the Cereus Wash. This is an overall site plan of the commercial center there. This building has been in existence since 2008, and only recently has staff been seeing new tenants wanting to establish businesses there. Among some of the businesses, include a -- I believe it's a neuropathic medical center. There's a State Farm Insurance, as well as some other office uses as well. Zooming in a little bit to the actual unit within the strip center, all that you see there hatched is the live fire range component of this gun shop. So it's about half of Town of Fountain Hills Page 25 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 25 of 53 the unit there. You've seen this before. This is a color rendering, obviously, of the exterior. I've shown these pictures at the previous presentation. This is the frontage along Shea. You'll see the building tucked away in the back there away from view from Shea. And some more pictures from within the center. You see the wall in the distance there. That's about an 8 foot wall separating this commercial center from the single-family residential unit right behind it. This here is taken from Firebrick Road on the west side. You can see the separation of uses by that wall. So Section 2.2, now that this is a special use permit case, establishes standards for review. And so this would require an SUP since it is the C-1. So some of the things that Council -- or Commission in this case can consider is the nature of the use, some special conditions pertaining to the property, proposed location, and other things, such as traffic, that might impact the use. Staff is recommending approval of the special use permit case here. We find that's it's generally consistent with the general plan, goals, and policies, and it's minimally, as we believe, minimally impactful to the adjacent neighborhoods. With that, I'll conclude my presentation and open up to questions, as well as the public. GRAY: Commissioner Watts? WATTS: With the restrictions, how hard is it to change the application from a special use permit for C-1 to just C-2 or C-3? Now that we've opened up the doors for them to be able to go with C-2, C-3? GRAY: They'd have to move parcels. WATTS: They can't do that? GRAY: It's a C-1 parcel. TAVASSOLI: So right, Mr. Chairman, Commissioner. Yeah, well, it is a C-1 parcel. There's no proposal before to rezone it. You'll be taking action on the special use permit request as presented. So there's no -- WATTS: So the -- TAVASSOLI: It's pretty much obsolete now, the -- WATTS: The only thing they could do is change the application from a special use permit for C-1 to special use permit -- Town of Fountain Hills Page 26 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 26 of 53 TAVASSOLI: Correct. WATTS: -- for C-2. TAVASSOLI: Correct. WATTS: Or to get it rezoned C-2. TAVASSOLI: Right. And then that would mean us coming before you and reding it into the record and taking action accordingly. WATTS: That answered my question. Thank you. TAVASSOLI: Sure. GRAY: Farhad, just, I suppose point of order clarification, the eventual action on Agenda Item 6 with the Council would be contingent on the result of Agenda Item 5, correct? TAVASSOLI: That is correct. GRAY: Okay. Commissioners, final comments before we open to public hearing? Paula, any speaker cards? WOODWARD: Yes, Chairman. One speaker. Lou Taylor (ph.). GRAY: Thank you, Paula. TAVASSOLI: I'm just going to put it here -- open the aerial here in case anyone wants to refer to it. LOU TEYLER: Good evening. I'd like to thank all of the Commissioners for their obvious astute information that they have, for their attention to what is being considered in terms of looking at both the neighborhood in the residential and the commercial aspect, and for your time and devotion to doing this. Because we really appreciate that as residents of Fountain Hills. So thank you. Just to start very quickly, I want to thank Mr. Gray for having the eyes of the next door neighbor because my husband and I are the next door neighbors. We live in the residential property that abuts the building. So our property line ends right where that wall starts that is the parking lot. And number one, I just wanted to let you know that we had no notification of any of this happening until the end of October when I walked past the back of the building, walking my dog down the street, and saw the public sign on the property that there was a zoning change. That very same day we happened to receive three letters, all the same, regarding this special use permit instead. So the Town of Fountain Hills Page 27 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 27 of 53 communication really wasn't there at the beginning but did come at the end. I want to start with the positive things. They have -- Sean and his people -- his architect and everything -- they have improved the look and the safety of that area and that building 100 percent. It looks fantastic. It's been cleaned up. There's security lights there. They were responsive when people said, hey, those lights are shining up into our house of the people across the street. And they did put the hoods on their security lighting on the side of the house -- on our side -- they put hoods on. Our only lighting issue is inside the store. The inside lights are very bright and there's no way -- at this point, they're still in the construction phase -- but there's no way that those lights are blocked from shining right into our living room when we sit down in the evenings. So one of the things I'm concerned about is the hours of operation and how we can -- and Sean has said that he would work with us in trying to regulate that lighting so that it doesn't come into our living room. But the hours of operation are extremely important to us, and that affects noise as well. If there is a noise factor, and we've been assured that there will not be, that there will be 100 percent no noise. But we've been assured of that, that would be of concern to us as well. Am I on a time limit? GRAY: Well, you were, but Farhad was quick, so we'll -- LOU TEYLER: Since I'm the only speaker, could -- GRAY: -- give you some more time. LOU TEYLER: -- I say a few more things? GRAY: Yes, ma'am. LOU TEYLER: Thank you so much. Yeah. The hours of operation are important. The lighting inside of the store that reflects into our house is important. Sound is important. But the most important thing is safety. And therefore, having this as a membership only club with a carveout for police or whoever -- military -- whoever, is extremely important to us. So I thank you for your consideration of all of those things. And I would like to reinforce that those are essential when you're in an area that connects to residential property. Thank you for your attention. GRAY: Thank you, Ms. Taylor. No more speaker cards? WOODWARD: No, Chairman. Town of Fountain Hills Page 28 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 28 of 53 GRAY: Okay. We'll call Farhad back up. I just want to ask a question. The light egressing out from the construction, I assume that's something that's under mitigation. SEAN: No. Now, so Lou -- I'm sorry, I forgot your last name. GRAY: Teyler. TEYLER: Teyler. GRAY: Teyler. SEAN: There are patron of our business every day. I could set my watch to walking the dog and all the alarms that go off at our building. But in our showroom, it just happens to work out that we have these little windows above, and they do just go straight across into their -- I don't know what part of the house -- but the part that is annoying. So we're actually having them do the shading on the windows, like, next week. And I'll ask them if they can shade both sides of just the windows that would let light into their area. But as far as hours -- this is only when we were working late, right? Like 6 o'clock at night. LOU TEYLER: When it starts to get dark is when -- SEAN: Yeah. So our normal hours of operation are pretty much 9 to 5. But that doesn't mean that on special occasions it'll be open later. So when they do do the windows I will ask them if there's an answer for those -- I think it's about 12 windows that would let light out. So we'll see if we can do something about that. GRAY: I appreciate that. SEAN: And I've given you our number, right? TEYLER: Yes. SEAN: So I didn't get the feedback. So we did move the lights, but apparently, it didn't fix the problem, correct? Once we moved the lights. LOU TEYLER: The problem isn't fixed. SEAN: Yeah. So we did move them, trying to get them out of their range, but that's what we'll have to do next. GRAY: Okay. SEAN: So we don't have a problem doing that. GRAY: No, I appreciate you addressing that. SEAN: Okay. GRAY: Commissioners? Commissioner Kovacevic? Town of Fountain Hills Page 29 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 29 of 53 COREY: Oh, sorry. KOVACEVIC: I just wanted to ask Farhad, if you could bring the site plan up again. The letter that was sent -- if you could put -- TAVASSOLI: The overall? KOVACEVIC: Yeah. Can you maybe just show us on that site plan what the issues are from that letter? TAVASSOLI: I'm sorry, Mr. Chairman, Commissioner, in reference to the -- KOVACEVIC: It was a letter that -- TAVASSOLI: -- light leakage or -- KOVACEVIC: There was a letter that Paula sent around. TAVASSOLI: Okay. KOVACEVIC: So. TAVASSOLI: I think what was being explained in the initial request, which was the rezone, Ms. Tyler had not received a letter from our office. However, in the second round of letters that went out for the SUP, apparently, she did receive the letter. DAPAAH: I think he's referring to the letter -- KOVACEVIC: The walkway from the neighborhood. TAVASSOLI: Oh, I beg your pardon. The email, which I actually printed out here. DAPAAH: Yeah. The letter that came from Mr. Flynn. TAVASSOLI: I'm sorry, yes. Okay. Scratch that. Okay. So -- yeah, the walkway being referred to is right here. I guess they were advocating some limited accessibility. And I'm sorry, I don't have the letter in front of me. WOODWARD: Farhad? TAVASSOLI: Yeah. WOODWARD: May I read this? TAVASSOLI: Yeah. Could you please read it into the record? WOODWARD: All right. So this is on behalf of Jeff (ph.) Flynn. He wrote in on Agenda Item Number 6. "I wish to submit the following written comment. Our home is directly behind the property. The rear parking lot, which seems to anticipate a high amount of use, sits a very short distance from the bottom of our driveway. We would prefer not to have an indoor shooting range so close to our property, especially Town of Fountain Hills Page 30 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 30 of 53 considering there was C-1 space available in the Target plaza. But we would support issuing this permit as long as suitable and tasteful barrier wall is built that shields the view of the parking lot, mitigates the increased lighting and noise, and discourages or eliminates use of the connecting staircase. Thank you." TAVASSOLI: I can go back to that photo. Excuse me as I look through these real quick. Okay. So here on the photo on the right in the foreground is the walkway. It's really a ramp leading down into the back of the building there. GRAY: That's probably an egress path, right? UNIDENTIFIED SPEAKER: It is. GRAY: So -- TAVASSOLI: Yeah, from Firebrick. GRAY: That's probably not something that we have -- the fire marshal would have more control over that than we would, I would think. I'm not sure I fully grasp the concern about the boundary wall between the parking lot. Is that just -- is that just to shield vehicle use from the residents? I mean, we're making assumptions, I suppose, right? TAVASSOLI: As far (indiscernible), yeah. GRAY: But I -- SEAN: Can I make a comment? TAVASSOLI: Yeah. Go ahead. GRAY: Hold on one second. Go ahead, Commissioner. COREY: I was going to say it could be because that back wall is more of, like, a retaining wall than a boundary wall. If you see where the other property is it looks like a wall-wall, but in the back of the property along Firebrick -- see how it's kind of more of a retaining wall there? They may be referring to having more height in that wall. SEAN: It's already down about 6 to 8 feet. Because there's a huge wall already built. But if I can make a comment on the site plan I could explain it to you really quickly. GRAY: If you would. If you don't mind, please. TAVASSOLI: Do you want me to go back to the site plan -- the overall site plan? Okay. That one there? SEAN: The actual aerial. So this -- we actually -- my architect, Ralph (ph.), we got the same complaint or whatever. And we did talk to the renter. Again, this is somebody Town of Fountain Hills Page 31 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 31 of 53 who's not even in the state. But if you look at Firebrick Drive and you see the red outline, and then you see that long, curved driveway? That's at least 100 feet above us. So I'm not -- I'm just confused on the whole comment because -- do we need a 110-foot retaining wall so that their house is protected? Because I don't understand what they're trying to accomplish here. Their driveway starts down there, and then you drive all the way up. And I believe it's probably 100 feet, maybe more. The renter, he doesn't have a problem at all. But I don't know what they're trying to do. That walkway between the property and the parking lot, it goes down. And we're, like I said, 6 to 8 feet recessed down in the ground. And it is used a lot. I mean, like I said, we know when anybody's on the property because it's on our property. And then the one that goes off the property is at the front of our property. So we know anybody and everybody, including the homeless people that go through there. But I don't know what the resolution to their complaint is because there's nothing feasible -- GRAY: Yeah, I think -- you know, if we were in a different scenario -- what was the date of that letter? Does anybody know? Was that recent? WOODWARD: Which one? COREY: The one you read. GRAY: It was today? WOODWARD: It was today. GRAY: Okay. WOODWARD: Yes. GRAY: I guess I didn't see that before the meeting. If the scenario were different and we were talking about rezoning, and we were talking about different hours of operation or we were talking about a modification to the parking schema for the master plan there, then I think that there's reason to deliberate that. But given we're not changing those things, I don't think we have jurisdiction on that front. Farhad, unless you see that differently, I don't think that that's -- I mean, I appreciate the concern, but I don't think there's anything that has -- we're not fundamentally changing the use or the -- well, the use of the property or any of its parameters, so that's not really in our purview, unfortunately, so. Commissioner Watts? WATTS: I did walk the property. I did look at the elevations. And I don't think it'd Town of Fountain Hills Page 32 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 32 of 53 quite make 100 feet, but it's probably between 60 and 75 feet. But there is a significant elevation change. And I also would agree that it is a retaining wall because it's a hillside, and the path goes up. And the other things is I would assume that that walk was installed at the bequest of whoever got the zoning originally, and that was probably a condition that we probably can't usurp. So. GRAY: Well, it was C-1. And that's the neighborhood district the C-1 is supposed to be supporting, right? So. WATTS: Right. So it makes sense. GRAY: It makes sense. Commissioner Corey? COREY: I was just going to comment. The one thing we probably could do is just discourage people from parking on the street that are going to use the facility. You wouldn't want them -- you know, wouldn't allow them to park out there on the street. SEAN: Oh, if that was one of their concerns, absolutely. But they are completely separated, and we have ample parking on the property ourselves. So if that was in there and I missed it, well, then, that is a valid concern. COREY: It was not in the letter, no. SEAN: Oh, okay. COREY: But just -- GRAY: Reasonable inference. COREY: Yeah. SEAN: Yeah. No, for sure. But no. believe me, there is plenty of parking on our property. GRAY: Okay. Go ahead, Commissioner Dempster. DEMPSTER: Just to clarify, too. I've been in that home. And to clarify, a wall is not going to -- because of the elevation -- is not going to shield anything, because it does whatever the footage is -- it 's very highly elevated. And they have great views going in the other direction, too, you know. That's the front -- SEAN: The last thing I'd -- DEMPSTER: -- of the house. SEAN: -- want to be doing with that house is looking down. I mean, they've got a beautiful view. Town of Fountain Hills Page 33 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 33 of 53 DEMPSTER: Yeah. They have views surrounding them. GRAY: All right. So I think, to Ms. Tyler's points we've addressed or are in the process of addressing, just as a neighborhood relations, the lighting component, hours of operation. We're staying under the C-1 considerations. And I think our Agenda Item 5 also mitigated use types. So I think we're -- I think we're in pretty good shape here. Commissioners, any other comments, or could I request a motion from the Commission, please? Commissioner Dempster? DEMPSTER: I would like to make a motion. I'd like to move to approve this special use permit to allow an indoor firing range on 17205 East Shea Boulevard. GRAY: And could just we make it contingent on Agenda Item 5? DEMPSTER: Contingent upon Agenda Item 5. GRAY: Thank you. Second? KOVACEVIC: Second. GRAY: Paula, roll call vote, please. WOODWARD: Commissioner Corey? COREY: Aye. WOODWARD: Commissioner Dapaah? DAPAAH: Aye. WOODWARD: Commissioner Dempster? DEMPSTER: Aye. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Aye. WOODWARD: Commissioner Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Aye. WOODWARD: Chairman Gray? GRAY: Aye. WOODWARD: Seven-zero. GRAY: Thank you, Paula. All right. Agenda Item 7. Review and discuss amendments to -- or possible amendments to Zoning Ordinance Chapter 7, parking and loading Town of Fountain Hills Page 34 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 34 of 53 requirements. Mr. Wesley? WESLEY: I know it just seems like yesterday, but in December of last year we had our first discussion of this. I hope we all remember it well. Commissioner Dapaah, you remember it well, correctly? Okay. So you know, one delay after another. It's been a while since we discussed this previously. But as you recall, we are looking at a update to Chapter 7 of the zoning ordinance, dealing with parking. We did discuss this back in December. We've had it on the agenda a couple times to follow up on some of the things that came up at that previous meeting. The Commission had some items that you wanted us to give some further look to. That's what we're getting at this evening. Again, just a little bit of a reminder. In doing this amendment to Chapter 7, we are trying to clean up some things in the current ordinance, some things that are repeated. Some things that are misplaced and hard to find. Graphics that are not very clear and visible, and so forth. We are looking to make some updates and changes and possible additions to the code and revise the schedule of required parking. So here is the currently proposed section headings within the chapter. So in particular, what is now 7.03 to divide that out into a couple of subsections to improve some readability there and organization. Here's an example of a couple of the tables or graphics that are currently in the code that are kind of hard to read. It's not just because I copied and pasted them here. They're this hard to read anyway. So we're cleaning those up and adding some better language to them to make them more useable. So again, at your December meeting, we had a list of a number of items that aren't covered in the current code. And I asked the Commission, what do you think about including some of these in here, and basically, you asked me to go ahead and look at all of them. And so I've got a little bit more information about each of those. Plus some other ones as I did that that I came up with that we might also want to consider. So the first of those is bicycle parking. I looked at other codes. I found four other codes that include bicycle parking requirements in there. The number of spaces and things they required varied quite a bit. There wasn't a whole lot of consistency there, but based on what I saw, here's an example of what we could include in a code if you decide we should include bicycle parking. And basically, as we go through each of these this evening I'd like kind of a head nod, "yes" or "no". Yes, let's include bicycle parking or no, don't Town of Fountain Hills Page 35 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 35 of 53 worry about it so I'll no whether to then bring back language for further consideration. Even if you give me a "yes" now, you could still say "no" later. But it'll help me finish up a draft full code to bring back. So again, based on what I saw, here's an example of what could go in the code, specifying when the requirement would be. In this case, if you've got at least 20 parking spaces, then we're going to start requiring some bicycle parking in addition to your vehicle parking at 1 per 10 required vehicle spaces, but no more than 20 bicycle spaces. And then also a little bit about that design of where they should be, a minimum of what would constitute as a bicycle parking space. I'm generally seeing some maybe "yes's" go ahead and include it in the draft. DEMPSTER: Can I -- WESLEY: Yes. DEMPSTER: -- ask a silly question, though? Or maybe I should wait until after your presentation, but "yes", I'm head nodding. I love the additional bicycle parking, especially because I purchased an electric bike, and I want to be able to secure it with all these hills. Is this going to be going forward for new businesses? WESLEY: Yes. DEMPSTER: Okay. And there's -- can we -- WESLEY: Thank you -- excuse me. Go ahead. DEMPSTER: And I just -- can we suggest existing businesses install them? But this is just going forward, though. WESLEY: Chair and Commissioner Dempster, yes, I forgot to mention that earlier as I was introducing this, but that's the downside to any of these. The town is largely built, and these standards will apply to any substantial redevelopment or new development. So it would take a long time to really show up as something different in a lot of the town. But certainly, once the standards there, if somebody's thinking about it, then we have something we can point to and say, oh, yeah, why don't you do it like this and encourage it. COREY: Quick question. WESLEY: Yes. COREY: So when you say "redevelopment" could that include, like, if they just want to Town of Fountain Hills Page 36 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 36 of 53 redo the parking lot or something? Could that be an opportunity? Is that redevelopment? WESLEY: Let me think about that -- if they're simply repaving it, no. Over here across Palisades and La Montana where the new HonorHealth facility is, we've been discussing for a while a complete redo of that parking lot that'll change it from 90 degree spaces -- from angle spaces to 90 degree spaces. COREY: Okay. WESLEY: And that would be a time when maybe we could. I'll have to think about that a little bit more, but -- COREY: Because if we are built out our opportunities are limited, so that might be -- GRAY: So -- COREY: -- a good idea. GRAY: -- I mean, I would just say that in that scenario I think, you know, John's referencing we're a stakeholder in that type of discussion that's happening right now or we'd be supportive of that from a, you know, from a business perspective, so I say -- COREY: Especially since -- GRAY: -- why not capture the opportunity. Or at least make it a strong suggestion, right? COREY: Yeah. WATTS: But you could be able -- you could include it when there's a remodel going on because, similar to ADA, you have to upgrade to a certain standard. WESLEY: Correct. WATTS: So including this provision in a remodel, would be appropriate. WESLEY: Right. And again, it depends upon the extent, you know. Something beyond just a simple tenant improvement. WATTS: Right. WESLEY: But particularly if it's starting to involve something outside the building where this would be, redoing the sidewalks and the parking would start to make that possible. And it may be more applicable in some of these other ones that we talk about too. But anyway, I'm seeing "yes" on the bicycle parking? COREY: Yeah. Just one last comment. I think, like, the vision, is if people know that there's likely a bike spot where they're going they'd be more likely to ride their bikes Town of Fountain Hills Page 37 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 37 of 53 around versus oh, is it one of the few that has it? So if that is consistent, then it'll be easier. Yeah. WESLEY: Sure. And to follow-up a little bit, too, on Commissioner Dempster. I'm generically saying bike parking, but you know, electric bike or scooters, you know, it could be a help with any of those. Maximum parking is another thing. I looked at that. I found two examples where communities have put in maximum parking requirements to keep from overbuilding parking lots. And so the examples I saw were between 120 and 125 percent of the required parking. And so again, here is a possible provision that could be added that sets that maximum parking instead of just a minimum. COREY: Just a quick question on that. I think I did read that it was 125 of the minimum. Is that how it was written? WESLEY: That's right, because that's what's in the code. It's the minimum. COREY: So 125 of the minimum. So when you say "required" is that the same as minimum? WESLEY: Yes. COREY: Okay. Okay. GRAY: I'm probably out of bounds here, but is this an opportunity to horse trade parking for green space? Or permeable surface with development instead of just saying, you don't have to build it. Which would say you could basically do whatever you want otherwise up to your coverage. Is it a -- could we say -- could we modify this provision to say -- if we get into the scenario, you know, the square footage that would've been applied to those spaces -- would need to be incorporated into your softscape. WESLEY: So Chairman, I think the answer is "yes". It's been a while since I've looked at exactly how we, in our proposing other parts of the language in the ordinance, but if the provision's not there I will add it because I think it should be there is any space that's not required for drives or parking needs to be a landscape area. You can't just stripe it off or something. GRAY: And that's kind of what we -- I don't know exactly know how it ended -- but that's kind of how we started out long, long ago with the Park Place expansion, right? It was, I think, trading parking for garden -- not garden. I can't remember what it was. But Town of Fountain Hills Page 38 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 38 of 53 anyway, that whole kind of strategy. Okay. WATTS: Don't you kind of set up a problem, though, a little bit, to be devil's advocate this time. I'm going to put a parking lot that I have a 125 percent, but I've got a dirt patch that I'm going to put a picnic table in. So now, building has to develop a set of standards to what you're allowed to do as opposed to just picnic table and dirt. It's still softscape. I could put an umbrella on it, make it look pretty. WESLEY: So Chair, Commissioner Watts, you know, when we get a landscape plan in a part of that landscape plan we'd be looking for at least some DG on there. We are looking at certain amounts of plant material so it looks attractive. WATTS: So you envision it already being incorporated into the requirements -- the landscape requirements as they exist today? WESLEY: Yes. WATTS: I think if you (indiscernible). Oh, yeah. Sorry. WESLEY: Okay. So at least for now, "yes's" on the maximum parking? I'm not hearing any "no's". Okay. Shared use parking. So when we have a mixed use project you can have some office, restaurant, residential uses that use parking at different times of the day and the evening and so forth. And so rather than provide 100 percent of all the parking requirements, and sometimes, you know, sitting there vacant, there are formulas out there that are used for shared use parking. I found examples in six communities that currently have this provided for in the TCCD district, which is a town center district. And so it would be fairly easy. It's shown here in a possible provision just to reference that for any other mixed use type development that if they want to they can use that shared parking option. Okay. Tandem parking. So this is parking one car behind another. So I found examples of that in four other ordinances, primarily in single-family or valet-type parking. It's not allowed currently in Fountain Hills for any required parking. So a possible ordinance provision would be for single-family or any situation up to four units that we could allow the tandem spaces, both counting as required space. But if you're beyond that, it'd only be allowed to count if you've got full-time valet service or with special approval from the zoning administrator, for parking in addition to the required spaces. I see a head "no". A head "yes". Town of Fountain Hills Page 39 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 39 of 53 COREY: My only concern was that -- would that cause people to drive in areas that they shouldn't be just to get to that second spot? WESLEY: It could. That's why it is really so limited with single-family residential being kind of the primary place I see it allowed because one person or one family's in the house. And if they park behind each other they're just kind fight it out between themselves. And you're not impacting somebody else. Or in the valet services situations. So the valet has to, okay, move a car to get to that car and you know, it should all be within their pave surface. That's why it's fairly limited. I'm not sure we gain much by allowing it. GRAY: Yeah. I just wonder if we shouldn't tie it specifically to the dwelling. So the single-family piece get that, and the multifamily mixed use scenario you could allow it in the calc, but it would have to calc at the unit level. So unit one being a -- let's say it's a four bedroom, 2,500 square foot whatever -- condo unit -- that unit could have two spaces counted as tandem spaces, but that would allow -- you could avoid the scenario where a calc could allow for tandem parking across dwelling units if you tied it down that way. That's probably erroneous, but. WESLEY: Yeah. I think I understand what you're saying. If the parking spaces are assigned to the units, so that you know that the one unit is having those two tandem spaces. Otherwise, you really couldn't do it. GRAY: Yeah. If they were assigned, then that could be allowed in your calc. If they're unassigned, then you would have to go back to the old calc. WESLEY: So again, it's a possibility. I don't know if this one's really worth it or not. But again, we'll go whichever way the Commission wants to. Okay. Off-site parking. So allowing parking not on the site. I found three codes that allow for off-site valet parking use within 600 to 1,000 feet. Our currently code -- currently, our code allows for off-site parking within 300 feet, but it requires assurance from that property owner of some kind that they will guarantee that parking. So again, we do have some provision for it currently that could be expanded upon a little bit to expand the distance a little bit. I put in here 1,000 feet versus the 300 we have currently. But then it would need an agreement that guarantees that that parking will be made available long term. And then, also, the one that's -- we don't have it all -- is specific allowance for valet Town of Fountain Hills Page 40 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 40 of 53 parking. And that's maybe the more useful piece of that, I think. GRAY: Is -- WESLEY: But again. GRAY: Is a guarantee a deed restriction? Or how do you tie that to them? WESLEY: Well, on the first one, you know, it basically is a deed restriction. Something that they could be recorded at the clerk's office, saying, this property owner has guaranteed for -- GRAY: Okay. WESLEY: -- so many years anyway, that they will allow this owner to park on their property. GRAY: And then chase that rabbit for a second. If let's say I own the parking lot that was deed-restricted, we don't currently require a title report with an application for redevelopment, right? So would that ever actually be caught? WESLEY: If we entered into one of these we would need to put it on our maps also that it's been approved so that we'd catch it that way. GRAY: Okay. DEMPSTER: John, may I ask, how is long term -- it says, "The agreements must guarantee long-term availability". I mean, how do you define long term? Because -- GRAY: A long time. DEMPSTER: Yeah. I mean, a yeah. I'm guessing it should be multiple years, right? WESLEY: Oh, yeah. DEMPSTER: Because a business -- WESLEY: It would be multiple years, yes. DEMPSTER: Yeah. And thinking out loud, the deed would go with the property if it was sold, right? The deed restriction would follow the property? WESLEY: Yes. DEMPSTER: But that would have to be specified, correct? WESLEY: Yes. DEMPSTER: The long -- it would have to be defined and agreed to. Thank you. GRAY: What do you think about -- I don't know if that scenario ever plays out -- but going to, as far as, like, a hold as one type arrangement? You know, where the two Town of Fountain Hills Page 41 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 41 of 53 properties are legally bound beyond the deed restriction so that one couldn't be conveyed without the other. I mean, if you want -- if you want a development so bad that you have to look at off-site parking 1,000 feet away shouldn't we take that far enough to require those properties to be held as one? WATTS: I think it's too restrictive. I think as long as you have it in the disclosure documents, and it's a requirement -- it's just too restrictive on people -- on the owners. WESLEY: So Commissioners, the current language in the code is very simple. It says, "Whenever the use of a separate lot or parcel is proposed for fulfillment of minimum parking requirements, the owner shall submit as part of his application satisfactory assurance that the separate lot or parcel is permanently committed to parking use by enforcement legal measure". KOVACEVIC: I have a little bit of experience with something similar to this. And we had a shopping center in Chandler where we had a lot of restaurant uses. In the evenings the parking lot just filled up. And we rented parking from a church across the street and up the road, certainly within a 1,000 feet. Nobody wanted to use it. Everybody would just rather complain about the parking and drive around the parking lot until a spot opened up. Nobody wanted to go up to the -- nobody wanted to go up and use the church. The restaurants themselves refused to have their employees park up there and walk. The employees themselves, you know, just didn't feel safe -- said they didn't feel safe. And my conclusion is if we can have it in there, we can say it, but they're not going to use it. So why grant the land use on that parking when we, you know -- I mean, in my experience, they're not going to use that parking. So why give them the benefit of denser -- more intense use of the land based on that parking? I would say I would not be interested in that. GRAY: Is there a provision in the code to allow municipal spaces to account for a percentage of your -- WESLEY: No, not specifically, Chairman. The closest thing we have is the whole plat 208, which is really municipal. But it was set up in the early platting of that property. GRAY: Commissioner Watts? WATTS: I agree with Commissioner Kovacevic that generally, from my experience as a contractor, you buy or lease spaces in order to bind the number of spaces that are Town of Fountain Hills Page 42 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 42 of 53 necessary. And nobody ever honors them because we don't have an enforcement mechanism to do that. So there's no way people driving around the lot -- nobody sees them. They just keep driving around, and they find a place eventually. They find a neighbor's place; they find somebody else. But they met the letter of the law or the regulation and ignored it. So I don't know that we need to try and invent a new problem. GRAY: Got enough already, right? COREY: And John, was there a trigger for this? Or this is just part of, you know, enhancing this ordinance? WESLEY: Yeah. So it was just, again, as I was working on the update to the code, something I'm familiar with that other communities use. So just put it out here to see if there's interest in bringing it to Fountain Hills. Again, we do have limited provision already for the 300 feet. There's nothing here about valet parking, however. So these are kind of tied together the way I presented it here, but you know, we could stick with the current provision, 300 feet. That's not too far away. Maybe a little bit more useable. But then maybe add the valet parking. COREY: Yeah. I was going to say, the only benefit I could think is valet parking, right? Because if that church was off-site and you had valet the drivers might be more likely to go bring the cars over there, but. WESLEY: 1,000 feet's quite a ways, but yeah. Could be. COREY: Yeah. WESLEY: Okay. So. COREY: So. WESLEY: Okay. Seeing some no's on that one. Okay. So as I worked on that, I came up with a few other items that we might want to consider. Electric vehicle charging. We don't have any requirements in the code currently that some amount of spaces be set aside for -- or at least made available to be retrofitted into electric vehicle charging. And so I looked at that, found three communities that provide some level of it. And so based on those examples, with some possible wording, "If you have a parking lot of 20 or more spaces or serve multi-residence or are located within 100 feet of a major arterial street, then include installation of conduits for at least five parking spaces -- five percent of parking spaces". So at least the conduit's there. So at some point in the future if you Town of Fountain Hills Page 43 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 43 of 53 want to add the electric vehicles that becomes more popular or more needed then it's available. So that was the idea here. Yes, no, maybe? COREY: I love that idea. I think the five percent is pretty limited. I think that, you know, electric cars is going to be exponential. We're going to see it explode. What is it California said by 2030 they're going to be selling only electric cars. So the five percent -- I don't know anything about the cables, but would they just be able to expand to be able to go into more parking spaces without tearing up the pavement if you did it this -- or wrote it this way? WESLEY: Yes. I don't know. Commissioner Watts with his construction knowledge could probably answer that better. But I would think that unless you've laid the conduit down before you put the asphalt -- you know, beyond where you put that conduit initially, yes, you'd have to tear up the pavement to add the facility. So it's just trying to get them to think about it up front as they're building the parking lot and provide some capability. Otherwise, at that point, you're just, you know, making that connection, not really tearing up the -- WATTS: You'd have be real specific about what you put in -- conduit size, wire size, all of the preliminaries or you're going to take it up -- GRAY: You mean, like, is it sufficient? WATTS: -- pull it all out. GRAY: Right. And the conduits get crushed. Conduits get unplugged. Conduits have to be re-bored, but I'd be more interested -- what are our thoughts on size of service entrance? WESLEY: Big impact. GRAY: Yeah. I mean, I'm all for it. I just think if we're saying -- I don't know what the draw on five percent of spaces is on a -- on a lot, but that's asking for -- that's asking a lot on the service -- it's asking for a healthy premium on the service entrance section for a lot of lots. I guess, maybe I should change my angle. My question is is that burden justified? WATTS: I think when you're talking about a commercial installation the service entrance section upsizing would probably be nominal. If you put a 1,000 amp section, 4,000 -- whatever you put in there's always spare capacity. They're never built on a Town of Fountain Hills Page 44 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 44 of 53 marginal level. Because of future expansion in the facility. So it's rare. In residential or in condos, apartments, you still have the same parking space requirement, so you can project the number of vehicles you would have and approximate based upon today's calculation what a charging station requires, and do some of that projection. But I think you've got to be very specific about it. And hopefully, in the future, the charging requirements become less of a load on service entrance sections, whether they're residential or commercial. GRAY: Commissioner Dapaah? DAPAAH: Yeah. He answered my question there. But I mean, there are a couple of charging stations in town now that are not working. So you know, when you were speaking of a burden on -- who would be the one that -- would there be something written in there that talks about who maintains it also? Or would that be for the owner of the property? WESLEY: Yeah. Chairman and Commissioner Dapaah, that would certainly be the thought at the moment is that what we're to encourage is that anybody putting in a new large parking lot they would be thinking about this up front and at least putting in this conduit. If they're really, you know, looking at their market, they may be putting the charging spaces already because they see enough of their residents or users are going to want it anyway. But at least get that conduit in place so that as that market continues to grow it'd be easier for them, then, to put in those charging stations. But the expectation in those would be responsibility of the owner of that property to install and maintain. You know, I don't know, there may be businesses out there that start doing that and providing them and they maintain them or whatever. But it wouldn't be the town. DAPAAH: Yeah. All right. WATTS: I think I'm more concerned about Commissioner Corey's concern with the proliferation of electric vehicles if you sized today based on parking spaces, you're most likely going to be undersized in the future. So how do you project upsizing unless you do it based on parking spaces or personnel that live or work in a particular area. I think there's a struggle -- I think there's a lot of work. I absolutely think that we ought to do it, but I don't think this quite covers it. WESLEY: Okay. So yes on the idea, but a little bit more work, maybe, on the approach? Town of Fountain Hills Page 45 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 45 of 53 WATTS: That's my feel. WESLEY: Okay. Okay. I'll look closer at it and see what I come up with. Passenger pickup. So we have an aging population. More ride choice options happening out there. We currently require loading spaces for goods, deliveries, but we don't really have anything that requires spaces for people. So maybe, again, that's something we should look at. And so I put out here some -- let's see here. I guess I'm not sure I found this -- it seems like I found this in a couple codes, although I didn't say that right there. So here's, again, some idea for how it might work in terms of near primary entrances, that there be a number of passenger pickup spaces required in certain sizes. And then here's an idea of, you know, the different types of uses and the number of passenger pickup spaces that might go with those types of uses. DEMPSTER: This is a curious topic for me. Because I think the facilities in places, like, you know, you have recreation two spaces. Well, golf is a recreation, and they have plenty of -- you know, they build that in to their location facility and healthcare facilities. I feel like they have that provision. I mean, I think about what do people do now? And you, I think -- is the intent to -- I think you'd go crazy with a table like this because it can't possibly cover everything. There's always going to be something, but the ones that you do have, nursing and convalescent, I think, again, they have provisions that -- I look at MorningStar. I mean, they have that big drive-around, and all the golf places, recreation, have areas built in. So I don't know. I you know, I -- restaurants, then? I mean, sometimes it's just not going to be feasible to do that based on location, and is that going to cause, you know, difficulties for the business because the way they're set up. They're on the Avenue or something, and they just can't have a drop-off spot. I don't know. Just my thought. COREY: I hear you. And it could take away from one of their valuable parking spaces if it's dedicated to this. But I do like the idea, and it's safe, right? So if somebody wants to be dropped they're not being dropped off in the middle of the street and then having to walk through the parking lot to the building, so some kind of dedicated space. But I think to your point, it could be easier just to say, a passenger pickup spot, rather than figuring out who gets how many. I think one is probably most appropriate. Because how long are they going to take to drop off and pick up, right? One might be good enough. Town of Fountain Hills Page 46 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 46 of 53 WESLEY: Okay. WATTS: I think most of the people that either are resident or visit Fountain Hills subscribe to the New York philosophy of double-parking anywhere they can. They just pull up at the most convenient spot, open the door, out goes -- whether it's Uber or whomever -- it's going to be very -- you don't have an enforcement arm. That's the problem with this; there's just no enforcement. GRAY: That's why I went around you yesterday. WATTS: Thank you. You did. GRAY: Yeah. WESLEY: Okay. GRAY: I agree with Commissioner Dempster. I think leave it in, but a simple directional statement is -- WESLEY: Okay. GRAY: -- probably sufficient. WESLEY: Okay. Covered parking. It's hot out there. It's nice to cover the parking spaces. DEMPSTER: Yes. WESLEY: So again, I know I found one or two examples of this, but I didn't put it in here. So possible examples for single-family. Your two garage spaces, whether you use them or not, are your two required there, typically. But require that again in multi- residence. And office is the other one that's most often used. It's a little harder to do in commercial. Their cars are coming and going so much. Office, they're more likely to stay a little bit longer and benefit from it. And so that's -- that's what I've seen in some other codes. Okay. DEMPSTER: John, real quick. So plat 208, that parking lot -- so when an office opens up, I mean, you can't -- WESLEY: Like I said, it has to be on the lot itself. DEMPSTER: Okay. WESLEY: When you're using that common situation, yeah. DEMPSTER: Yeah. WESLEY: And again, it would apply to any new developments, substantial Town of Fountain Hills Page 47 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 47 of 53 redevelopment. DEMPSTER: Right. WESLEY: We're not going to go back and start finding offices and say, you've got to add covered -- DEMPSTER: Shoot. WESLEY: -- parking, so -- DEMPSTER: I was hoping to get covered parking. Thank you. WESLEY: We'll put a specific in here -- plus one for -- DEMPSTER: Yeah. That works. COREY: And just one more comment, too. Like, cars could be solar in the future. So if we have the covered parking, are they going to get charged? Brings me to another point; could there be conduit in the covered parking, right? Using the solar panels on the top to plug the cars in. Just some ideas. WESLEY: Okay. Getting a little futuristic there. Okay. So -- DAPAAH: You're getting ahead of us. WESLEY: The last piece I have out here, mostly just to show you this evening. It's a lot of information. So on the left is what's being looked at in terms of the revised parking table. On the right is the current. They don't line up at all, so don't try to make them line up, because the new one's organized a little bit differently. Although, with each of these you'll see a few things on the same page. The residential is pretty much the same as current, but do include in there, under the multi-residence, that the number is cut in half if it's the dedicated senior designated-type housing. DEMPSTER: That is -- WESLEY: Now, one of the things -- DEMPSTER: Sorry. WESLEY: Go ahead. DEMPSTER: That the senior piece is new. WESLEY: Yes. That piece is new. DEMPSTER: Have you talked to MorningStar or Fountain View about maybe how many residence do, in fact, and how many parking spots they need? I know this is -- WESLEY: Right. Town of Fountain Hills Page 48 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 48 of 53 DEMPSTER: -- for future, but -- WESLEY: Right. DEMPSTER: -- you know, as a -- WESLEY: We could do that. I think those would actually come up under another category. But I'll think about that. That's a good question, and good way to look at it. You'll see when you look down the current list on the right-hand side, you get down, for example, mobile home parks and subdivisions, plus one space per two employees. There's a lot of things like that in the current code. We never know how many employees they have, and to base a parking standard on number of employees -- I've tried to get rid of ones like that in the revisions. And so again, you can kind of compare -- on the one hand, I started with a very expanded list of new uses going back to a comment made earlier to Commissioner Watts -- I've gone through and looked at all of our uses in the ordinance for the different zoning districts. And at our current table of uses here for parking, they don't match very well. And I think we can benefit just in our different zoning districts, commercial zoning districts in particular, but overall, by arranging things by categories instead of trying to list specific uses. And then some examples. So it's easier in the future, then, to classify things and place things in categories. So I have that kind of expanded list. I started that with the parking. Then after that was done, I kind of went back and combined ones that were really similar. And so you can see some of that here. So assemble uses includes a variety of things that are listed out separately under the current code, but all have the same parking requirement. And to come up with these proposed requirements, I started with our code. Things generally work well here, as far as I know, but I looked at some national standards and a number of other codes from across the Valley and some other places just to kind of see what people use. It's all over the place. There's no one number that fits. It's a lot more art than science on this. But trying to come to a reasonable number is -- and use the current number as much as possible just because that's the way we're built. Just going through a few more of these. And here's another one on the car washes which relates it to number of employees, which, again, I find difficult. Barbershop related to service chairs. That's maybe a little bit better, but still, those things can change easily, so I really tried to relate it back to square foot of the space as much as possible because that Town of Fountain Hills Page 49 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 49 of 53 changes much less over time. DEMPSTER: Can you define "stacking" under car wash? It says, "Two stacking spaces" or "five stacking". WESLEY: That's the number of cars that can fit without blocking a drive aisle. DEMPSTER: Okay. Thank you. WESLEY: But usually, you think about a parking space is 19 feet. When we talk about stacking, we usually go to 20 just to give a little space between the cars. Yeah. There you go. And again, just a few more here. Going through and seeing some of the comparisons. DEMPSTER: How about -- what's "outdoor storage"? Do we have outdoor storage? WESLEY: So I'm trying to think if we have any outdoor storage as a primary use here. There's some associated with other types of indoor storage. DEMPSTER: Would that be like RVs -- WESLEY: Yeah. DEMPSTER: Are you talk -- okay. So like, on Colony and -- WESLEY: Right. Some of those things in there. DEMPSTER: Like boats and that kind of thing? WESLEY: Right. DEMPSTER: But -- okay. COREY: But I could see things like that being shared also, right? Because not everybody's there at the same time. I guess my question beyond this would be when we get to this point where you're putting these in would you be able to tell us if this new parking space requirement is going to be more than we have now or less than we have? WESLEY: Right. So when we come back for the next ordinance I'll go through the effort of actually lining these things up. COREY: Okay. WESLEY: So that you can see that better, you know, what the real changes are. COREY: It might be a little more clear when we can -- WESLEY: Right. COREY: -- see that. WESLEY: Yeah. Town of Fountain Hills Page 50 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 50 of 53 DEMPSTER: Yeah. Okay. WESLEY: Right now, I had the one column, and I thought, okay, well, I'll just let you see what the current ones are. Just have some feel for it. But -- that was too much rearranging to do right now, even though I've had 11 months to do it. WATTS: I do like the idea of your categorizing. It makes life a lot easier. And the only thing I saw here that I was -- all the work we put into sober living homes and those types of communities, and now we've got a different term. So I'm assuming you're going to change -- WESLEY: Right. WATTS: -- that term at some point. WESLEY: Right. Right. So I'll have to come back in here -- so that would fit in here, in terms of sober living, where we have the group housing, it would fit in as another type there. WATTS: Yeah. The boarding house and dormitory and such so. WESLEY: Um-hum. WATTS: Yeah. Otherwise, I like it. So. WESLEY: Okay. KOVACEVIC: I have a quick -- GRAY: Okay. KOVACEVIC: I have one question for you. We've entertained a couple of projects in the last year, year-and-a-half, with like C-C zoning bringing in residential -- and I don't know if this is the place for it, but would it make any sense to require dedicated parking for the residences? I don't know that we did that at the Amhurst in Saguaro on that project. I think the other project up north did have separate parking for the residents -- it's indoor parking for the residences, which was good. But I just see the residents that either rent or own at Amhurst and Saguaro having to fight restaurant uses for parking if they come home at, you know, dinner hour. And I don't think we want to be in that situation. I don't think they want to be in that situation. Is this the place to address something like that? WESLEY: I'll think about that. That is a good point to bring up to see how it might fit in here. Town of Fountain Hills Page 51 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 51 of 53 GRAY: Doesn't your covered dedicated provision -- wouldn't that bridge and account for that? WESLEY: Yes. It probably -- GRAY: Where that was our gap on both of -- well, the one up north was within, the one on Kingstree was questionable because that was all communal. And then even on Park Place. I think it was phase 2 of Park Place had -- no, it wasn't communal, but they were all outdoor, uncovered spaces, for the most park. WESLEY: So building B with Park Place over here on Verde River does have covered parking, at least one per unit. GRAY: Okay. WESLEY: But just as an update for the Kingstree and Saguaro, in order to address the parking concerns I've had all along. They are providing parking spaces for four, six of the units. The ones at the back end of the parking lot will have indoor parking with those. DEMPSTER: That's good to know. May I ask one more question about the residential breakdown. I think some clarification. You have "single, attached or detached" and "duplex" and then "multiple residents". Duplex is multi residents. And you have two per unit. And I thought in the past -- was it by bedroom, two per bedroom. Or has it always been two by unit? WESLEY: So for the single-family and the duplex, it has been two per unit. DEMPSTER: Okay. And then is the attached or detached, is that referencing single- family homes? WESLEY: Yes. DEMPSTER: Okay. And then an "accessory dwelling unit", is that a casita? WESLEY: Yes. DEMPSTER: Okay. Thank you. WESLEY: Okay. Good. Thank you for that input this evening. Based on that, I will prepare an ordinance to bring back to you, probably in January. GRAY: Thank you, John. WESLEY: Um-hum. GRAY: All right. Number 8, Commission discussion, request for research to staff. Commissioners? Town of Fountain Hills Page 52 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 52 of 53 COREY: Just one. WATTS: Two. GRAY: Commissioner Corey? COREY: Somebody brought this up in one of our other meetings. And it was around how the agendas are given to us. And sometimes I find it hard to follow along when there's a lot of content. And I think they suggested to kind of redline anything that was the old data. And highlight it in green or another color what's going to be the new verbiage. And that might just help us follow along with it a little bit better. So I don't know if that's an option that we could maybe adopt -- WESLEY: Yeah. COREY: -- for the agendas? Okay. Cool. GRAY: Commissioner Watts? WATTS: I don't know if this is the forum for it or not. But if we're talking about parking spaces -- and we've talked about bicycles. Bicycles do not -- the regulations for bicycles -- I don't know how we enforce them -- but they own the road. And I'm an advocate of riding a bicycle, but when they ride outside the bicycle line, when they cross the street at the roundabouts, when they -- I mean, they just ignore them. Is there anything we can do to educate a bicyclist that they're jeopardizing their lives? And then they get mad at the motorist when -- me in particular -- so you went around me and you honked your horn at me, there's a bicyclist there. And I got a sign, a wave. What do we do about bicyclists? WESLEY: Chair, Commissioner, that is a challenge. And we are aware of that challenge. As we worked on the active transportation plan, that was one of the things in there is some bicycle safety awareness materials. And information on that is available there. But who goes and looks there? I think there are some, you know, pamphlets available on that. But getting people to read it and follow it is a challenge. But -- WATTS: There was a cyclist just the other day -- and there was a sheriff's cruiser sitting there. The cyclist blew right threw a light, even though there was no traffic coming, there was still a red light that they should've honored. And the sheriff's department just let it go. And so I don't know if there's any law enforcement-wise to help with that situation or not. And maybe that's what we need to do is start enforcing what the rules of the road are Town of Fountain Hills Page 53 of 53 NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING Page 53 of 53 as they apply to cyclists as well as motor vehicles. KOVACEVIC: That's exactly what I was going to say. MCSO needs to enforce the rules. And I imagine it would be up to the town to ask them to do that. WESLEY: Okay. I will try to remember, with Paula's help, to bring that up with them, as well as our public information person who's looking at the next Insider and things that might go in there. And so maybe that's a place, again, we can remind people, you know. WATTS: Thank you. WESLEY: Okay. GRAY: Okay. Summary of requests. John, good to go? WESLEY: Yeah. GRAY: Any report? WESLEY: Nothing too much. As you know, we will have a December meeting. We have two items that'll be on that agenda. One will be a special use permit for a golf net. And the other will be to continue our discussion of possible ordinance dealing with detox and drug treatment facilities? COREY: Did you say "golf net"? WESLEY: Golf net. Golf nets. GRAY: That's the one you're going to show up for? COREY: That's right. WESLEY: It's a rather interesting case I haven't seen before, so. GRAY: We get them all the time. But we make a recommendation and someone else decides on golf nets. So it makes perfect sense to me. WESLEY: Okay. GRAY: All right. Adjourned. Thank you, guys. ITEM 5. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/12/2022 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 AND POSSIBLE ACTION: A Special Use Permit for the construction of golf ball fences on property located at 15816 E. Brittlebush Lane. Staff Summary (Background) Section 5.09 of the Zoning Ordinance sets the standards for various types of walls and fences.  Section 5.09 A 3 provides the specific regulations as they relate to golf ball nets, a type of fence erected to prevent golf balls from hitting houses and other structures.  This section sets specific standards for administrative review and approval of these fences.  For situations that do not meet these requirements, the ordinance allows consideration through a Special Use Permit (SUP). The new owners of the property at 15816 E Brittlebush Lane has applied for a SUP for two golf ball nets on their property.  Their request does not meet the requirement for administrative approval; therefore, they have applied for this SUP.  Section 2.02 D 5 of the Zoning Ordinance sets the following criteria for a recommendation of approval of a SUP:  The establishment, maintenance, or operation of the building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing in the neighborhood; 1. Nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. 2. To be approved administratively, the proposed net would need to be setback from the property line 1 foot for each foot of height, unless the adjacent property owner agrees to allowing the net to have a lesser setback.  The lots in this area are small and narrow.  The proposed net will be between 25' and 33' in height and placed near the property line.  The adjacent neighbor has not agreed to allow the net.  Therefore, the property owner applied for the SUP. The subject property, 15816 E. Brittlebush Lane, is located along the 11th fairway of the Sunridge Golf Course, approximately 470 from the nearest tee box.  Compared to homes on either side of this lot, this house appears to be more in the path of errant golf balls.  Attached photographic evidence shows this home has been struck numerous times by golf balls.  The narrative submitted by the applicant states balls have also gone over the house and landed in the pool on the west side of the house.  A report by a professional (report attached) who charts golf ball flight paths shows that this house and property will likely have more golf balls hit into than either of the adjacent properties, they will likely have around 250 balls land in their property each year, and the balls could be traveling at up to 97 miles per hour. The applicant is requesting two nets.  One will be on the northeast corner of the lot.  According to the study, to fully protect the house, this net needs to be 33' tall.  The ordinance allows a maximum height of 25'; that is the maximum height the Commission can recommend and the Council can approve.  If the Council approves the 25' tall net, the property owner can apply to the Board of Adjustment for consideration of a variance to allow the 33' tall net.  The other net being requested is a horizontal net over the pool area.  Because this is a horizontal net, it is not specifically discussed in the ordinance, but it doesn't follow standard zoning practices, so it has been included in the SUP request. The lots in this area are part of the Sunridge Canyon Parcel A Replat.  The lots are small, this lot is only 7,183 sq. ft. and narrow, a little over 60' wide.  The subdivision was also platted with a five-foot wide Use and Benefit Easements (UBE) on one side.  The UBE allows the owner of the adjacent lot use of this area of their neighbor's lot.  In the case of the lot in question, the five-foot UBE on the east side of the house allows the neighbor to use this area as part of their lot and this lot gets the use of the five-foot easement on the property to the west. I have contacted the HOA regarding their review and consideration of the golf nets.  They have approved the 25' tall net on the northeast corner of the property.  They are reconsidering the request at a meeting on December 8 regarding the extension to 33'.  They have also expressed some concerns regarding the proposed net on the west side of the house.  Staff hopes to have the results of the HOA review for your consideration at the hearing. The horizontal net on the west side of the house is a unique request not anticipated by the zoning ordinance.  If a property owner wanted to build a patio cover in this area, they could, provided they complied with all lot coverage and setback requirements. In this case, the supports for the net will be in the UBE on the neighbor's property.  The HOA has confirmed that this is an acceptable use of the UBE.  We do not have confirmation from the adjacent property owner regarding whether or not they have any objections.  Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 5.09 A 3 - Golf Ball Fences Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s)   Staff Recommendation(s) Given the evidence of the number of golf ball strikes on this property and the resulting damage, staff Given the evidence of the number of golf ball strikes on this property and the resulting damage, staff supports the approval of the SUP for the golf nets on this property.  In order to issue the construction permit for the horizontal net on the west side in the UBE an approval letter from the adjacent property owner will need to be submitted before a building permit can be approved. SUGGESTED MOTION MOVE to recommend approval of SUP22-000002 for the construction of golf nets at 15816 E. Brittlebush Lane. Attachments Vicinity Map  Site Plan  Expert Report  Pictures  Opposition letter  Johnson Email  Vicinity CASE: SUP22-000002 SITE / ADDRESS: 15816 E. BRITTLEBUSH LANE APN 176-18-412 REQUEST: GOLF FENCE APPLICATION All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP22-000002SUP22-000002 GO L D E N E A G L E B L V D BRITTLEBUSH LN BURSAGE DR CACTUS D R BU R S A G E D R Tee Green SCOPE OF WORK: ·NEW STRUCTURE NETTING:   H [   L  GOLF NETTING SPECIFIED STRUCTURE IN NORTHEAST SECTION OF THE PROPERTY S %ACKYARD ·NEW STRUCTURE NETTING: ROOF NETTING WILL %E ATTACHED TO POSTS AND E;ISTING WALL TOTAL HEIGHT OF NETTING WILL REACH  ·STRUCTURE NETTING RELATED HARDWARE PROVIDED ·CONCRETE FOOTER STRUCTURE INSTALLATION NETTING PLAN PREPARED // N JOHNSON RESIDENCE (PXOOHG IURP GRRJOH //) FOR REFERENCE ONLY INSTALL DATE: SITE INSPECTOR: JARED GOMES EQUIPMENT:N/A SPECIFIC NOTE(S): SKUXEV DORQJ IHQFH OLQH ZLOO QHHG WR EH FXW EDFN PUHS ZRUN QHHGV WR EH GRQH SULRU WR DUULYDO NETS Unlimited, Inc. ²  N TH PL ² PHOENI; A=  TKLV GUDZLQJ UHSUHVHQWV YLVXDO FRQFHSWV DQG FRQVWUXFWLRQ VXJJHVWLRQV EDVHG RQ LQGXVWU\ VWDQGDUGV NHWV UQOLPLWHG GRHV QRW DVVXPH UHVSRQVLELOLW\ IRU GDPDJH FDXVHG E\ QHJOHFW RU PLVXVH ZKHWKHU LQWHQWLRQDOO\ RU XQLQWHQWLRQDOO\ () ² SALES#NETSUNLIMITEDCOM PROJECT LOCATION:SCALE: CONTACT INFORMATION: DATE: REVISED: SHEET NUM%ER JOHNSON RESIDENCE NEW NETTING AND STRUCTURE  %RITTLE%USH LANE FOUNTAIN HILLS A=  DRAWN %Y: JG NTS CELL: ()    EMAIL: JIMJOHNSONIDAHO#GMAILCOM // ;;/;;/;;;; JOHNSON RESIDENCE (PXOOHG IURP GRRJOH //) FOR REFERENCE ONLY SCOPE OF WORK VERTICAL STRUCTURE SCOPE OF WORK HORIZONTAL ROOF NET NOTE(S): ·STRUCTURE TO %E OFFSET FROM E;ISTING FENCE %Y AT LEAST   (T%D ONSITE) ·WEST SIDE OF ROOF NETTING WILL %E ATTACHED TO CA%LE RUN %ETWEEN   H POSTS ·EAST SIDE OF ROOF NETTING WILL %E ATTACHED TO CA%LE RAN THROUGH EYE%OLTS ANCHORED INTO WALL AT   H ·ENTIRE PERIMETER OF ROOF NETTING WILL %E SUPPORTED %Y  GALVANI=ED CA%LE N RESIDENCE SCALE: /   PLAN VIEW GROI CRXUVH VERTICAL NETTING PLAN NET #HEIGHT LENGTH       NETS Unlimited, Inc. ²  N TH PL ² PHOENI; A=  TKLV GUDZLQJ UHSUHVHQWV YLVXDO FRQFHSWV DQG FRQVWUXFWLRQ VXJJHVWLRQV EDVHG RQ LQGXVWU\ VWDQGDUGV NHWV UQOLPLWHG GRHV QRW DVVXPH UHVSRQVLELOLW\ IRU GDPDJH FDXVHG E\ QHJOHFW RU PLVXVH ZKHWKHU LQWHQWLRQDOO\ RU XQLQWHQWLRQDOO\ () ² SALES#NETSUNLIMITEDCOM PROJECT LOCATION:SCALE: CONTACT INFORMATION: DATE: REVISED: SHEET NUM%ER JOHNSON RESIDENCE NEW NETTING AND STRUCTURE  %RITTLE%USH LANE FOUNTAIN HILLS A=  DRAWN %Y: JG NTS CELL: ()    EMAIL: JIMJOHNSONIDAHO#GMAILCOM // ;;/;;/;;;;                                 FIRST POLE TO START 13'6" OFF FENCE NET #1 NET #2 N  NOTE(S): ·STRUCTURE TO %E OFFSET FROM E;ISTING FENCE %Y AT LEAST   (T%D ONSITE) ·SEE PLATE  FOR CONCRETE FOOTER STRUCTURE DETAILS ·FENCING HEIGHT MATERIAL ANY GRADE CHANGE UNKNOWN %OTTOM HORI=ONTAL RAIL TO %E ADJUSTED ONSITE GENERALLY  %ELOW TOP OF FENCE  GOLF NETTING TYP SCALE: NOT TO SCALE ELEVATION NETTING  VERTS CONC FOOTER NETS Unlimited, Inc. ²  N TH PL ² PHOENI; A=  TKLV GUDZLQJ UHSUHVHQWV YLVXDO FRQFHSWV DQG FRQVWUXFWLRQ VXJJHVWLRQV EDVHG RQ LQGXVWU\ VWDQGDUGV NHWV UQOLPLWHG GRHV QRW DVVXPH UHVSRQVLELOLW\ IRU GDPDJH FDXVHG E\ QHJOHFW RU PLVXVH ZKHWKHU LQWHQWLRQDOO\ RU XQLQWHQWLRQDOO\ () ² SALES#NETSUNLIMITEDCOM PROJECT LOCATION:SCALE: CONTACT INFORMATION: DATE: REVISED: SHEET NUM%ER JOHNSON RESIDENCE NEW NETTING AND STRUCTURE  %RITTLE%USH LANE FOUNTAIN HILLS A=  DRAWN %Y: JG NTS CELL: ()    EMAIL: JIMJOHNSONIDAHO#GMAILCOM // ;;/;;/;;;;                                        Neighbor roof line 516" GALVANIZED CABLE       GRADE LEVEL SCH  PIPE REF   R  GOLF NETTING TYP FULL HITCH  # %LACK POLYESTER TWINE HALF HITCH SCALE: NOT TO SCALE LACING DETAILS SCALE: NOT TO SCALE CONC FOOTER DETS  %LACK %ORDER ROPE  SCHEDULE  PIPE REF  NOTE(S): ·%ORDER ROPE NETTING IS GENERALLY LACED TO THE MIDPOINT OF THE VERTICAL SCHEDULE  PIPE FACING THE GOLF COURSE (SEE REF IMAGE #) ·NETTING IS LACED WITH A HALF HITCH EVERY OTHER MESH AND A FULL HITCH EVERY EIGHT () MESH ·SEE SPEC SHEET FOR MORE DETAILS CONC FOOTER  VERTS NETS Unlimited, Inc. ²  N TH PL ² PHOENI; A=  TKLV GUDZLQJ UHSUHVHQWV YLVXDO FRQFHSWV DQG FRQVWUXFWLRQ VXJJHVWLRQV EDVHG RQ LQGXVWU\ VWDQGDUGV NHWV UQOLPLWHG GRHV QRW DVVXPH UHVSRQVLELOLW\ IRU GDPDJH FDXVHG E\ QHJOHFW RU PLVXVH ZKHWKHU LQWHQWLRQDOO\ RU XQLQWHQWLRQDOO\ () ² SALES#NETSUNLIMITEDCOM PROJECT LOCATION:SCALE: CONTACT INFORMATION: DATE: REVISED: SHEET NUM%ER JOHNSON RESIDENCE NEW NETTING AND STRUCTURE  %RITTLE%USH LANE FOUNTAIN HILLS A=  DRAWN %Y: JG NTS CELL: ()    EMAIL: JIMJOHNSONIDAHO#GMAILCOM // ;;/;;/;;;; PROVIDED PICTURES FOR REFERENCE ONLY NOTE: INPROGRESS/COMPLETED PROJECT PHOTOS FOR VISUAL REFERENCE REGARDING A TYPICAL INSTALLATION PROCESS MIDRAIL  GOLF NETTING TYP CONC FOOTER  DIA VERTS / DIA HORI= RAIL  GOLF NETTING TYP NETS Unlimited, Inc. ²  N TH PL ² PHOENI; A=  TKLV GUDZLQJ UHSUHVHQWV YLVXDO FRQFHSWV DQG FRQVWUXFWLRQ VXJJHVWLRQV EDVHG RQ LQGXVWU\ VWDQGDUGV NHWV UQOLPLWHG GRHV QRW DVVXPH UHVSRQVLELOLW\ IRU GDPDJH FDXVHG E\ QHJOHFW RU PLVXVH ZKHWKHU LQWHQWLRQDOO\ RU XQLQWHQWLRQDOO\ () ² SALES#NETSUNLIMITEDCOM PROJECT LOCATION:SCALE: CONTACT INFORMATION: DATE: REVISED: SHEET NUM%ER JOHNSON RESIDENCE NEW NETTING AND STRUCTURE  %RITTLE%USH LANE FOUNTAIN HILLS A=  DRAWN %Y: JG NTS CELL: ()    EMAIL: JIMJOHNSONIDAHO#GMAILCOM // ;;/;;/;;;; Golf Expert Report September 8, 2022 Golf Expert Analysis RE: Determining the likely percentage incidence of errant golf balls impacting the property at 15816 E Brittlebush Ln, Fountain Hills, Arizona. Golf Expert Analysis by Ken Tannar, Probable Golf Instruction 1. I am the founder and owner of Probable Golf Instruction. I have spent the last 25 years researching the literature on the topic of Physics & Mathematics of golf and am an expert in the analysis of golf ball trajectories. I have advised on golf course design safety in a multitude of cases in the United States, Canada, Australia, Britain, Spain and Hong Kong, and have been recognized as a golf expert witness in the courts of California, Colorado, New York, Canada and Australia. 2. Diagram 1 below is a Google Earth image of the 11th Hole of Sunridge Canyon GC and the residence at 15816 E Brittlebush (“subject property”, with a red border). From Tee to Green, this dogleg left golf hole plays towards the west. The yellow line in the diagram represents the likely target line from the Back Tees from which the hole plays about 405 yards, rising about 3 yards from the Tee to the landing area on the fairway. According to Trackman Golf, the average carry distance of male golfers is 195 yards. As most golfers are right swingers and tend to slice the ball from left to right, golfers may aim further left. Some golfers may aim further left in attempts to “cut the corner” of the dogleg. Diagram 1: Location of the 15816 E Brittlebush and the 11th Hole www.probablegolfinstruction.com Phone: 604-309-7030 probablegolf@yahoo.ca Owner/Creator: Ken Tannar •Errant Golf Ball Trajectories •Golf Netting Safety Height •Topographic Errant Ball Analysis •Adjoining Property Errant Golf Ball Safety Determination Probable Golf Instruction 3. The renowned American golf course architect, Dr. Michael Hurdzan (reference book Golf Course Architecture: Design, Construction & Restoration, 1996), did an extensive study to determine where golfers hit the golf ball in relation to their target line of play. He found that 92% of golf shots fall within 15 degrees either side of their apparent target line. He and other golf course architects have used this standard for many years in designing golf course setback distances. Hurdzan’s statistics are also corroborated by research conducted by the R&A (Royal and Ancient Golf Club of St. Andrews) during 1996 and 2018. 4. Dr. Mark Broadie of Columbia University has expanded on this with research and analysis to create a database named Golf Metrics. The database currently has over 55,000 shots from over 160 players. Golfer ages in the database range from 9 to 70 years and the scores range from 64 to 120. PGA and LPGA tour pros, club professionals, and amateur golfers are included. Broadie’s research concluded that low handicap golfers (better golfers) hit the ball farther with less lateral dispersion than higher handicap golfers (poorer golfers). Broadie’s research statistics indicate that 99.2% of golf shots fall within 15 degrees either side of their target line and 99.9% fall within 20 degrees. Note that for a course averaging 40 000 rounds per year, 0.8% outside of 15 degrees would equate to 320 balls. 5. Measuring from the Back Tees, the direction to the eastmost corner of the subject property from the YELLOW target line is 13 degrees; the distance is 170 yd. The direction and distance to the center of the residential house is 185 yards and 17 degrees, respectively, relative to the yellow target line. Thus, I confirm that there would be frequent golf balls hit from the teeing area that would land onto the at subject property. The setback distances from the fairway to the subject property are not large enough and do not meet the standards of safety for golf course design. 6. Diagram 2 below for part of Broadie’s research findings (scatter plot of golf ball end positions for higher handicap golfers) merged onto the golf hole using the yellow target line; note the number of golf balls impacting the property (note that shots finishing less than 125 yards from the tee are not shown). From Broadie’s large database, he identified the percentage of Driver Tee shots that would end left and right of the target line by different distances. Using Broadie’s statistics, I estimate that about 1.0% of Driver Tee shots from the Back Tees hit using the YELLOW target line would threaten the subject property. From the Middle Tees (one teeing area forward from the Back Tees, I estimate that about 0.5% of Driver Tee shots would threaten the subject property. Assuming 50 000 rounds of golf per year, I’d estimate that at least 250 balls would threaten the subject property each year. Diagram 2: 11th Hole with Broadie Scatter Plot 7. Diagram 3 below consists of 3 sample trajectories originating from the 2nd Tee (on many courses called the regular men’s tee) and are called pull hooks by right swingers. The ORANGE trajectory is hit with a 93 mph club speed Driver (average male golfer has a Driver club speed of 93 mph). The RED trajectory is hit with a 100 mph club speed. The WHITE is hit by a 100 mph club speed 3 Wood. Also in the diagrams is an L shaped fence that has a height of about 33 feet. Trajectories with greater hooks (or slices for left swingers). Left swinger slices will tend to have higher trajectories. Left swingers, however, make up less than 10% of golfers. Diagram 3: Possible Trajectories 8. Note that the WHITE trajectory clears the roof of the house and would strike the neighbour’s wall if the fence was not in place but is blocked by the fence. The RED trajectory would land near the corner of the property adjacent to the pool. The ORANGE trajectory would land short of the property. 9. Golf ball trajectory height is strongly correlated with club speed. Golfers with 100 mph club speeds have trajectories that are higher than golfers with 90 mph club speeds. Over 22% of golfers have swing speeds over 100 mph. If these golfers were to hit comparable hooks as in Diagram 3, the resulting trajectories would be higher and would likely carry long of the property but could mishit balls on lower trajectories. Longer hitting golfers may have a target line even further left of the YELLOW target line in attempts to “cut the dogleg” and get closer to the green. 10. Golfers that hit from the Forward Tees may also be able to hit balls onto the property. Longer hitters that use the Rear Tees may threaten the property as well. 11. Wind speed tends to be quite variable with sometimes significant gusts of higher speed. At the best of times, golfers have a difficult time judging wind direction and speed. Given this, golfers may not assess correctly the extent of the wind and hit the ball more left than intended, thus landing closer to the residential property. Head winds will tend to create higher trajectories that will have steep angles of attack when they land, thus making it more likely that errant golf balls could land within the property. 12. If the 33 ft high L-shaped fence cannot be installed as indicated in this report, then it should be as high as possible; I would definitely proceed with Nets Unlimited option to cover the west side with a horizontal roof net design 13. Please note that golf balls hit with a Driver that land onto the property will have speeds of approximately 27 m/s (97 mph). Given the hardness and small diameter of a golf ball, impacting a person at such speeds can cause irreparable damage to tissue and bone. There are many cases every year where persons are hit by golf balls, some causing death. 14. I’d recommend mitigation occur as soon as possible to avoid injury, death or damage to property. 15. The trajectory examples in Diagrams 3, that have been merged onto Google Earth images, were generated using a computer spreadsheet that I created. The software simulates the path a golf ball travels through the air as well as the collision between the various golf clubs and the golf ball. My model takes into account variables such as clubhead speed, loft, ball speed, initial trajectory angle, open, square or closed clubface, backspin, sidespin, air temperature, humidity, density, etc. My model takes into account the same variables as other researchers, with comparable results, and agrees well with empirical data collected by golf ball trajectory radar launch monitors such as TrackMan, Flightscope, Foresight, etc. 16. Have utilized the research data of average golfers provided by Trackman Radar (https://blog.trackmangolf.com/performance-of-the-average-male-amateur/) as well as that of professional golfers (https://www.pgatour.com/stats.html) as golf ball trajectory data is collected throughout the golf season. 210 m 165 m 41 degrees 15816 E Brittlebush Lane Golf Ball Damage Pictures For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! From: Pat Costello <offtothelinks@yahoo.com> Sent: Monday, December 5, 2022 1:24 PM To: John Wesley <jwesley@fountainhillsaz.gov> Subject: RE; SPECIAL USE PERMIT - JIM JOHNSON EXTERNAL EMAIL John Wesley: RE: Special permit for Jim Johnson, I say good idea. It will give them a piece ofmind. I receive around 5 or 6 golf balls on my property with most of them being in my swimming pool each year. On the upside, I have not been outdoors in the early hours when the golf course is busy, thus I have not witnessed them incoming. I have been here since 2009. My neighborshave had a couple dings in the side of their house, but they do not see them. I do not know what my other neighbors see on my house and that is okay. Pat Costello15836 E. Brittlebush ITEM 6. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/12/2022 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):  HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance 23-01, amending Chapter 1, Introduction, Section 1.12, Definitions, by adding definitions related to detoxification and drug treatment facilities; amending Chapter 12, Commercial Zoning Districts, Sections 12.02, 12.05, and 12.06 to add uses for detoxification and drug treatment facilities; Section 12.03 to amend group home to community residence; and, amending Chapter 18, Town Center Commercial Zoning District, Section 18.05 B to amend group home to community residence. Staff Summary (Background) The Commission and staff have been studying the options for adding classifications for detoxification facilities and drug and alcohol treatment facilities into the zoning ordinance for a year.  A public hearing has been scheduled for the Commission to receive input, consider, and make a recommendation to the Town Council regarding the draft ordinance for these uses. Staff presented the draft ordinance for the first time at the Commission meeting in September.  The Commission provided some comments at that time.  A follow-up meeting was held in October to receive public comment on the draft ordinance. Comments received at September meeting:  Include a1000' separation from schools, day cares, and parks.  This change was made to the draft ordinance. 1. Have the 500' separation from residential include both zoning and land use.  This change was made to the draft ordinance. 2. Adjust the wording regarding outdoor waiting to further limit the likelihood of this activity.  This change was made to the draft ordinance. 3. Add the word "addiction" to the title of the types of treatment centers.  This change was made to the draft ordinance. 4. Consider removing or amending the definition of treatment centers, lodging regarding the 30-90 day typical stay.  This has been removed in the draft ordinance. 5. Require a sign to be posted on the property with contact person name and phone number.  Staff is proposing that this be addressed on an individual basis as a requirement of the Good Neighbor 6. Statement or a condition of approval of a SUP. Obtain contact information for the property owner if different from the business owner.  This is a standard practice.  All applications have to provide the property owner name and contact information if different from the applicant. 7. Consider ways to address outdoor smoking impacts.  This change has been made to the draft ordinance. 8. Comments received at the October meeting:  Set reasonable distances from residential, consider using the same as for sober living homes.  Sober living homes are set at 1,320 feet apart.  This ordinance requires similar uses to be at least 2,000' apart.  The ordinance has established separation requirements from residential uses and zoning that significantly limit the areas available for most of the uses. 1. Follow the Paradise Valley ordinance.  Staff called and talked to the staff in Paradise Valley.  They regulate group homes/sober living homes but do not have an allowance for detoxification centers or drug and alcohol treatment centers in their ordinance.  Paradise Valley does not have any commercial zoning.  They allow some non-residential uses in their residential zoning districts through Special Use Permits.  These allowances include some medical offices.  Most drug and alcohol treatment facilities are considered medical uses.  The staff in Paradise Valley was not sure if these specific uses would be allowed or if they would need to do a text amendment to allow them if they received such an application. 2. Need to protect the customers, require insurance, providers need to be able to get them to a hospital if needed, text for fentanyl, provide adjustable beds, require reports to the state, etc.  There were several suggestions about regulations for the businesses themselves.  All of these uses are currently regulated by the State.  The types of regulations being suggested do not belong in a zoning ordinance.  If the Commission believes it is necessary to provide this level of review and control in these businesses then the Commission could recommend to the Town Council that they amend the Town's Business Regulations to add these types of provisions. 3. The facilities should demonstrate a local need.  Except for the out patient treatment only facilities (such as Fountain Hills Recovery currently operates) these uses will require approval of a Special Use Permit.  The draft ordinance has been amended to require market data showing a need by Fountain Hills residents be submitted with the application. 4. The attached version of the proposed ordinance uses black lettering with ALL CAPS BOLD letters and  strike through to show the changes from the current ordinance and ALL CAPS BOLD RED letters and  strike through to show changes from the previous draft reviewed by the Commission. As part of the staff review, we used the website www.findtreatment.gov to see what facilities are currently available in the area.  When searching a 25-mile radius for any type of treatment facility, the website showed 135 facilities.  When limiting the search to detoxification facilities, there were 37 facilities listed.  Attached to this report is a summary of a few of the detoxification facilities which were on the list. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Chapters 1, 12, and 18 Zoning Ordinance Chapters 1, 12, and 18 General Plan 2020  Maintain the Commitment to "Sustain the quality of life, vitality, and distinct charm of our Town"; "Maintain the delicate balance of land uses that make the Town a desirable place to live, word, enjoy and visit"; and, "Support existing businesses and continue to attract businesses to that stimulate the Town's economy." Thriving Neighborhoods Goal 1, Policy 2. Protect existing neighborhoods from incompatible development that does into support the character of that area. Thriving Neighborhoods Goal 3, Policy 1.  Protect established single-family residential neighborhoods from the transition, intensification, and encroachment of uses that detract and/or change the character of the residential neighborhood. Public Facilities and Services Goal 7, Policy 9.  Continue to support medical facilities. Economic Development Element Goal 4, Policy 2.  Increase the Town's revenue stream by supporting commercial development and redevelopment in the Town Center, Commerce Center, Shea Corridor and Saguaro Boulevard character areas. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the ordinance as presented. SUGGESTED MOTION MOVE to recommend approval of Ordinance 23-01. Attachments Draft Ordinance  Area Detox Facilities  ORDINANCE NO. 23-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 1, INTRODUCTION, SECTION 1.12, DEFINITIONS, AMENDING THE DEFINITIONS OF TREATMENT CENTER; AMENDING CHAPTER 12, COMMERCIAL ZONING DISTRICTS, SECTION 12.02 SECTION 12.03 C. TO ADD SUBSTANCE AND ALCOHOL ABUSE TREATMENT CENTER; SECTION 12.03 TO UPDATE THE LANGUAGE FROM GROUP HOME TO COMMUNITY RESIDENCE; SECTION 12.05, USES SUBJECT TO SPECIAL USE PERMITS IN C-2 ZONING DISTRICTS BY ADDING NEW SECTIONS O AND P REGARDING DETOXIFICATION FACILITIES AND TREATMENT CENTERS; SECTION 12.06, USES SUBJECT TO SPECIAL USE PERMITS IN C-3 ZONING DISTRICTS ONLY BY ADDING NEW SECTIONS F, G, H, AND I REGARDING DETOXIFICATION FACILITIES AND TREATMENT CENTERS; AND, AMENDING CHAPTER 18, TOWN CENTER COMMERCIAL ZONING DISTRICT, SECTION 18.05 B. TO UPDATE THE LANGUAGE FROM GROUP HOME TO COMMUNITY RESIDENCE RECITALS: 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 Chapter 1, Introduction, Section 1.12, Definitions, and Chapter 12, Commercial Zoning Districts, Sections 12.05 and 12.06 to provide for detoxification facilities and drug and alcohol treatment centers; and WHEREAS, the C-2 and C-3 zoning districts have the primary purposes of providing for the sale of commodities, provision of services, and wholesale and distribution; and WHEREAS, the Town wants to ensure uses in commercial areas are focused on businesses that provide for the sale of goods and services to the community, especially those that provide jobs and generate revenues for the Town; and WHEREAS, the uses included in this ordinance are appropriate in commercial areas but should be limited to maintain the primary purpose of these districts; 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 November 23 and 30, 2022, and the ??? editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on December 12, 2022, and by the Town Council on ????, 2023. WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of the State of Arizona, the Town Council has considered the individual property rights and personal liberties of the residents of the Town and the probable impact of the proposed ordinance on the cost to construct housing for sale or rent before adopting this ordinance. ENACTMENTS: 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 1, Introduction, Section 1.12, Definitions, is hereby amended as follows: … DETOXIFICATION FACILITY, OUTPATIENT: FACILITIES PROVIDING OUTPATIENT DRUG OR ALCOHOL DETOXIFICATION SERVICES WITH OR WITHOUT TRAINING, EDUCATION, OR TREATMENT SERVICES AT THE SAME LOCATION. DETOXIFICATION FACILITY, INPATIENT: FACILITIES PROVIDING INPATIENT DRUG OR ALCOHOL DETOXIFICATION SERVICES. … SUBSTANCE ABUSE OR ADDICTION Treatment Center: Facilities providing lodging and meals and, primarily, treatment, training or education as a part of an alcoholism or drug addiction program WITHOUT ON-SITE DETOXIFICATION, LODGING, OR MEALS. SUBSTANCE ABUSE OR ADDICTION TREATMENT CENTER, LODGING: FACILITIES PROVIDING TREATMENT, TRAINING, OR EDUCATION AS PART OF AN ALCOHOLISM OR DRUG ADDICTION PROGRAM. MAY INCLUDE PROVIDING DETOXIFICATION SERVICES IN CONJUNCTION WITH THE TREATMENT AND MAY INCLUDE PROVISIONS WHERE CLIENTS CAN LODGE AT THE FACILITY AND RECEIVE MEALS, TYPICALLY FOR A PERIOD OF 30 DAYS TO 90 DAYS. … SECTION 3. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.02 C. Additional Uses Permitted in C-2 and C-3 Zoning Districts, is hereby amended as follows: 26. SUBSTANCE ABUSE OR ADDICTION TREATMENT CENTER. MUST BE LOCATED AT LEAST 2,000 FEET FROM ANY OTHER DETOXIFICATION CENTER, SUBSTANCE ABUSE OR ADDICTION TREATMENT CENTER, OR TRANSITIONAL COMMUNITY RESIDENCE. SECTION 4. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.03, Uses Subject to Special Use Permits in C-1, C-C, C-2, and C-3 Zoning Districts, is hereby amended as follows: C. Group Homes for the Handicapped and Elderly PeopleCOMMUNITY RESIDENCES SUBJECT TO THE REQUIREMENTS IN SECTION 5.13, Nursing Home, Homes for the Aged, Convalescent Home. SECTION 5. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.05, Uses Subject to Special Use Permits in C-2 Zoning Districts, is hereby amended as follows: … O. DETOXIFICATION CENTER, OUTPATIENT. IN ADDITION TO THE REQUIREMENTS IN SECTION 2.02 FOR CONSIDERATION OF A SPECIAL USE PERMIT, APPLICANTS SHALL PROVIDE: 1. COPY OF LICENSE OR CERTIFICATION BY THE STATE OF ARIZONA DEPARTMENT OF HEALTH SERVICES. 2. SUFFICIENT INDOOR ACTIVITY AND WAITING SPACE TO LIMIT OUTDOOR WAITING. 3. CONTACT INFORMATION AND PROCESS FOR RESOLUTION OF COMPLAINTS. 4. DESIGNATED SMOKING AREA AS FAR FROM ADJACENT USES AS POSSIBLE. 5. MARKET DATA DEMONSTRATING THE NEED FOR THE SERVICE FOR FOUNTAIN HILLS RESIDENTS. 6. MUST BE LOCATED AT LEAST THE FOLLOWING DISTANCES FROM THE LISTED USES: A. 2,000 FEET FROM ANY OTHER DETOXIFICATION CENTER, SUBSTANCE ABUSE TREATMENT CENTER, OR TRANSITIONAL COMMUNITY RESIDENCE. B. 1,000 FEET FROM ANY CHURCH, PUBLIC LIBRARY, PARK, PERSERVE AND TRAIL, OR SCHOOL, PRE-SCHOOL, OR DAY CARE. C. 500 FEET FROM ANY RESIDENTIAL ZONING DISTRICT OR USE INCLUDING PLANNED AREA DEVELOPMENTS WITH A RESIDENTIAL PRIMARY USE. SECTION 5. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.06, Uses Subject to Special Use Permits in C-3 Zoning Districts Only, is hereby amended as follows: F. DETOXIFICATION CENTER, OUTPATIENT AND INPATIENT. IN ADDITION TO THE REQUIREMENTS IN SECTION 2.02 FOR CONSIDERATION OF A SPECIAL USE PERMIT, APPLICANTS SHALL PROVIDE: 1. COPY OF LICENSE OR CERTIFICATION BY THE STATE OF ARIZONA DEPARTMENT OF HEALTH SERVICES. 2. SUFFICIENT INDOOR ACTIVITY AND WAITING SPACE TO LIMIT OUTDOOR WAITING. 3. CONTACT INFORMATION AND PROCESS FOR RESOLUTION OF COMPLAINTS. 4. DESIGNATED SMOKING AREA AS FAR FROM ADJACENT USES AS POSSIBLE. 5. MARKET DATA DEMONSTRATING THE NEED FOR THE SERVICE FOR FOUNTAIN HILLS RESIDENTS. 6. MUST BE LOCATED AT LEAST THE FOLLOWING DISTANCES FROM THE LISTED USES: A. 2,000 FEET FROM ANY OTHER DETOXIFICATION CENTER, SUBSTANCE ABUSE TREATMENT CENTER, OR TRANSITIONAL COMMUNITY RESIDENCE B. 1,000 FEET FROM ANY CHURCH, PUBLIC LIBRARY, PARK, PERSERVE AND TRAIL, OR SCHOOL, PRE-SCHOOL, OR DAY CARE. C. 500 FEET FROM ANY RESIDENTIAL ZONING DISTRICT OR USE INCLUDING PLANNED AREA DEVELOPMENTS WITH A RESIDENTIAL I. SUBSTANCE ABUSE OR ADDICTION TREATMENT CENTER, LODGING. IN ADDITION TO THE REQUIREMENTS IN SECTION 2.02 FOR CONSIDERATION OF A SPECIAL USE PERMIT, APPLICANT SHALL PROVIDE: 1. COPY OF LICENSE OR CERTIFICATION BY THE STATE OF ARIZONA DEPARTMENT OF HEALTH SERVICES. 2. SUFFICIENT INDOOR ACTIVITY AND WAITING SPACE TO LIMIT OUTDOOR WAITING. 3. CONTACT INFORMATION AND PROCESS FOR RESOLUTION OF COMPLAINTS. 4. DESIGNATED SMOKING AREA AS FAR FROM ADJACENT USES AS POSSIBLE. 5. MARKET DATA DEMONSTRATING THE NEED FOR THE SERVICE FOR FOUNTAIN HILLS RESIDENTS. 6. MUST BE LOCATED AT LEAST THE FOLLOWING DISTANCES FROM THE LISTED USES: A. 2,000 FEET FROM ANY OTHER DETOXIFICATION CENTER, SUBSTANCE ABUSE TREATMENT CENTER, OR TRANSITIONAL COMMUNITY RESIDENCE B. 1,000 FEET FROM ANY CHURCH, PUBLIC LIBRARY, PARK, PERSERVE AND TRAIL, OR SCHOOL, PRE-SCHOOL, OR DAY CARE. C. 500 FEET FROM ANY RESIDENTIAL ZONING DISTRICT OR USE INCLUDING PLANNED AREA DEVELOPMENTS WITH A RESIDENTIAL SECTION 6. The Zoning Ordinance, Chapter 18, Town Center Commercial Zoning Districts, Section 18.05, Uses Subject to Special Use Permits, is hereby amended as follows: B. Group Homes for the Handicapped and Elderly PeopleCOMMUNITY RESIDENCES SUBJECT TO THE REQUIREMENTS IN SECTION 5.13, Nursing Home, Homes for the Aged, Convalescent Home. SECTION 7. 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this ___ day of ___ 2023. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney Findtreatment.gov is an official website of the United States government available to help find treatment facilities in a given area. I put in zip code 85268 with a 25-mile radius, detox facilities, all payment options, all ages, all facilities. This came back with 37 facilities within this radius (changing to all types of facilities resulted in 135 facilities). Following is a listing of a few of these facilities to give the Commission an understanding of where these are and what time of services are provided in these facilities. Name Location Types of Services Types of Payment Medical X 11390 E. Via Linda, Suite 103, Scottsdale • Outpatient • Outpatient detox • Outpatient methadone/buprenorphine or naltrexone treatment • Substance use treatment • Alcohol Detox • Benzodiazepines Detox • Cocaine Detox • Methamphetamines Detox • Opioids detoxification • Medication routinely used during detoxification • Aftercare/continuing care • Discharge Planning • Naloxone and overdose education • Outcome follow-up after discharge • Integrated primary care services • Private, for profit • Cash or self- payment Soul Surgery 14362 N. Frank Lloyd Wright, Suite B111, Scottsdale • Outpatient • Outpatient detox • Outpatient day treatment or partial hospitalization • Intensive outpatient treatment • Outpatient methadone/buprenorphine or naltrexone treatment • Regular outpatient treatment • Substance use treatment • Alcohol Detox • Benzodiazepines Detox • Opioids detoxification • Medication routinely used during detoxification • Aftercare/continuing care • Discharge Planning • Naloxone and overdose education • Outcome follow-up after discharge • Acupuncture • Case management service • Mental health services • Social skills development • Transportation assistance • Integrated primary care services • Suicide prevention services • Private, for profit • Tribal funds • Medicaid • Federal military • Private health insurance • Cash or self- payment Scottsdale Providence 8889 E. Via Linda, Scottsdale • Outpatient • Outpatient detox • Outpatient day treatment or partial hospitalization • Intensive outpatient treatment • Outpatient methadone/buprenorphine or naltrexone treatment • Regular outpatient treatment • Substance use treatment • Transitional housing, halfway house, or sober home • Treatment for co-occurring substance use plus either serious mental health illness in adults/serious emotional disturbance in children • Cocaine Detox • Methamphetamines Detox • Opioids detoxification • Medication routinely used during detoxification • Aftercare/continuing care • Discharge Planning • Naloxone and overdose education • Outcome follow-up after discharge • Case management service • Mental health services • Social skills development • Transportation assistance • Private, for profit • Tribal Funds • Private health insurance • Cash or self- payment Cornerstone Healing Center 7655 E. Redfield Road, Suite 4, Scottsdale • Outpatient • Outpatient detox • Outpatient day treatment or partial hospitalization • Intensive outpatient treatment • Outpatient methadone/buprenorphine or naltrexone treatment • Regular outpatient treatment • Substance use treatment • Detoxification/Detox • Transitional housing, halfway house, or sober home • Treatment for co-occurring substance use plus either serious mental health illness in adults/serious emotional disturbance in children • Cocaine Detox • Methamphetamines Detox • Opioids detoxification • Medication routinely used during detoxification • Aftercare/continuing care • Discharge Planning • Naloxone and overdose education • Private, for profit • Tribal Funds • Private Health Insurance • Cash or self- payment • Outcome follow-up after discharge • Case management service • Mental health services • Social skills development • Transportation assistance Gallus Detox Scottsdale 4326 N. 75th St. Scottsdale • Hospital inpatient/24-hour hospital inpatient • Hospital inpatient detoxification • Alcohol Detox • Benzodiazepines Detox • Cocaine Detox • Methamphetamines Detox • Opioids detoxification • Medication routinely used during detoxification • Aftercare/continuing care • Discharge Planning • Naloxone and overdose education • Outcome follow-up after discharge • Case management service • Transportation assistance • Suicide prevention services • Private, for profit • Tribal Funds • Federal military insurance • Private health insurance • Cash or self- payment Banner Behavioral Health Hospital 7575 E. Earll Dr., Scottsdale • Hospital inpatient/24-hour hospital inpatient • Hospital inpatient detoxification • Hospital inpatient treatment • Substance use treatment • Detoxification/Detox • Treatment for co-occurring substance use plus either serious mental health illness in adults/serious emotional disturbance in children • Alcohol Detox • Benzodiazepines Detox • Opioids detoxification • Medication routinely used during detoxification • Aftercare/continuing care • Discharge Planning • Case management service • Mental health services • Social skills development • Suicide prevention services • Private, non- profit • Tribal Funds • Medicare • Medicaid • Federal military insurance • Private health insurance • Cash or self- payment • State-financed health insurance plan other than Medicaid Scottsdale Detox Center 7283 E. Earll Dr., Scottsdale • Hospital inpatient/24-hour hospital inpatient • Hospital inpatient detoxification • Alcohol Detox • Benzodiazepines Detox • Cocaine Detox • Methamphetamines Detox • Opioids detoxification • Private, for profit • Tribal fund • Private health insurance • Medication routinely used during detoxification • Discharge Planning • Naloxone and overdose education • Outcome follow-up after discharge • Case management service • Cash or self- payment 2nd Chance Treatment Center 16620 N. 40th St., Suite H-4, Phoenix • Outpatient • Outpatient detox • Outpatient methadone/buprenorphine or naltrexone treatment • Regular outpatient treatment • Substance use treatment • Treatment for co-occurring substance use plus either serious mental health illness in adults/serious emotional disturbance in children • Alcohol Detox • Benzodiazepines Detox • Cocaine Detox • Methamphetamines Detox • Opioids detoxification • Medication routinely used during detoxification • Aftercare/continuing care • Naloxone and overdose education • Outcome follow-up after discharge • Mental health services • Transportation assistance • Private, for profit • Medicare • Medicaid • Federal military insurance • Private health insurance • Cash or self- payment • State-financed health plan other than Medicaid New Hope Behavioral Health Center 215 S. Power Road, Suite, 114, Mesa • Outpatient • Outpatient detox • Outpatient methadone/buprenorphine or naltrexone treatment • Buprenorphine detoxification • Buprenorphine maintenance • Federally-certified Opioid Treatment Program • Methadone detoxification • Methadone maintenance • Prescribes buprenorphine • Private, for profit • Federal or any government funding for substance abuse • Tribal funds • Medicare • Medicaid • Maintenance service with medically supervised withdrawal after stabilization • Aftercare/continuing care • Discharge Planning • Naloxone and overdose education • Outcome follow-up after discharge • Case management service • Transportation assistance • Suicide prevention services • Federal military insurance • Private health insurance • Cash or self- payment • SAMHSA funding/block grants Buena Vista Health & Recovery LLC 29858 N. Tatum Blvd., Cave Creek • Hospital inpatient/24-hour hospital inpatient • Outpatient • Hospital inpatient detoxification • Hospital inpatient treatment • Outpatient day treatment or partial hospitalization • Intensive outpatient treatment • Outpatient methadone/buprenorphine or naltrexone treatment • Regular outpatient treatment • Substance use treatment • Alcohol Detox • Benzodiazepines Detox • Cocaine Detox • Methamphetamines Detox • Opioids detoxification • Medication routinely used during detoxification • Aftercare/continuing care • Discharge Planning • Naloxone and overdose education • Outcome follow-up after discharge • Case management service • Domestic violence services, including family or partner • Early intervention for HIV • Mental health services • Social skills development • Transportation assistance • Integrated primary care services • Suicide prevention services • Private, for profit • Tribal fund • Medicaid • Federal military insurance • Private health insurance • Cash or self- payment • State-financed health insurance plan other than Medicaid