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HomeMy WebLinkAboutAGENDApacket__02-13-23_0307_435       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, FEBRUARY 13, 2023 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 January 9, 2023.     5.REVIEW, DISCUSS, AND PROVIDE DIRECTION: Draft amendments to the Zoning Ordinance, Chapter 7, Parking and Loading Requirements      6.DISCUSSION OF possible revisions to Zoning Ordinance Section 2.04, Site Plan Review Regulations.     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       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 ____________________, 2023. _____________________________________________  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 February 13, 2023 2 of 2 ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/13/2023 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 January 9, 2023. 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 January 9, 2023.   SUGGESTED MOTION MOVE to approve the regular meeting minutes of the Planning and Zoning Commission January 9, 2023. Attachments SUMMARY MINUTES & VERBATIM TRANSCRIPT  Planning and Zoning Commission Meeting of January 9, 2023 1 of 2 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION JANUARY 9, 2023 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 January 9, 2023, 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. Absent: 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 December 12, 2022. MOVED BY Commissioner Dempster, SECONDED BY Commissioner Watts to approve the Planning and Zoning Commission minutes of the Regular Meeting of December 12, 2022. Vote: 6 - 0 – Unanimously 5. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Rezone for 3.1 acres of a 6.3-acre property from R1-10 Single Family Residential to R-3 Multifamily Residential, and the remaining 3.2 acres of the same property from R-4 Multifamily Residential to R-3 Multifamily Residential, to allow for a residential project consisting of 80 apartment units, generally located at the southeast corner of Palisades Blvd. and Mountainside Drive. The following individuals addressed the Commission: Joe Delucia, Doreen Delucia, Sharon Hutcheson, Gretchen Boyer, Dave Boyer, Linda Kavanagh, John Kavanagh, Gale Evans, Liz Gildersleeve, Karen Farkas, Greg Solomon, Clyde Hurtig, Frank Kainnath, William Ray, Stephen Arnett, Lawrence Anderelli, Brett Hawkins, Ed Stizza and Alan Roberts Planning and Zoning Commission Meeting of January 9, 2023 2 of 2 The following individuals provided comments in writing against the project: Rick Sagg, Kathleen Madden, Adam & Tram Oest, Colin Vaughn & Linda Vaughn MOVED BY Commissioner Watts SECONDED BY Commissioner Dempster to continue Agenda Item 5 to the Planning and Zoning Commission meeting on March 13, 2023. Vote: 5-1, Vice-Chairman Schlossberg – Nay The Planning and Zoning Commission recessed from 8:30 p.m. and reconvened at 8:48 p.m. 6. 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. The following individuals addressed the Commission: Crystal Cavanaugh, Jim Sawicki, Karen Farkas, Brett Hawkins, Alvin Hollander, Larry Meyers MOVED BY Chairman Gray SECONDED BY Commissioner Watts to forward a recommendation to the Town Council to approve and implement ordinance 23-01 as written with the following enhancements to include a discharge policy, certifications, and document through market analysis by a credentialed professional using Fountain Hills census data, substance abuse and mental health services administration data, the need for service on an ongoing basis for residents of Fountain Hills. Vote: 6 - 0 - Unanimously 7. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. 8. SUMMARY OF COMMISSION REQUESTS from Development Services Director. Mr. Wesley said that the February meeting will include the first look at changing the site plan section of the zoning ordinance and the parking ordinance. 9. REPORT from Development Services Director. 10. ADJOURNMENT The Regular Meeting of the Fountain Hills Planning and Zoning Commission held January 9, 2023, adjourned at 9:26 p.m. Planning and Zoning Commission Meeting of January 9, 2023 3 of 2 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 January 9, 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this day of January 9, 2023. Paula Woodward, Executive Assistant TOWN OF FOUNTAIN HILLS Page 1 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 1 of 74 Post-Production File Town of Fountain Hills January 9, 2023, Planning and 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 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 2 of 74 GRAY: Good evening. This is the Monday -- or sorry -- yeah, Monday -- Tuesday. Tuesday? WOODWARD: Monday. GRAY: Monday -- Monday, Tuesday, whatever day -- January 9th, 2023, edition of the Fountain Hills Planning and Zoning Commission. I would like to call the meeting to order. First and foremost, and if you would rise for the pledge of allegiance and a quick moment of silence. ALL: I pledge allegiance to the flag and the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. GRAY: All right. Moving quickly through the front end of the agenda, here. Paula, roll call, please. WOODWARD: Commissioner Corey? COREY: Here. WOODWARD: Commissioner Dapaah? 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. Agenda item number 3, open call to the public. Paula, do we have any speaker cards? WOODWARD: No, Chairman. GRAY: Thank you, Paula. Agenda item number 4, consideration and possible actions to improve the regular meeting minutes of the Planning and Zoning Commission from the December 12, 2022. Commissioners, any comments, or do I have a motion? TOWN OF FOUNTAIN HILLS Page 3 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 3 of 74 DEMPSTER: I'd like to make a motion to approve the regular meeting minutes of the Planning and Zoning Commission December 12, 2022, meeting. WATTS: I second. GRAY: All in favor? ALL: Aye. WOODWARD: Six-zero. GRAY: Thank you, Paula. All right. And number 5, public hearing consideration and possible action to rezone 3.1 acres of a 6.3-acre property from R110, single-family residential, to R3, multifamily residential, and the remaining 3.2 acres of the same property from R4 multifamily residential to R3 multifamily to allow for a residential project consisting of 80 apartment units generally located at the southeast corner of Palisades Boulevard and Mountainside Drive. Farhad, your presentation, please? TAVASSOLI: Thank you, Mr. Chairman. Members of the Commission, good evening and Happy New Year. So in summary, Mr. Chairman, which you explained, this is a zone change request of a 6.3-acre property from R110, single-family residential, and R4, multifamily residential, to a unified R3 multifamily residential. The subject property is located about 330 feet east of the -- I beg your pardon, west of the intersection of Palisades Boulevard and Avenue of the Fountains. Now, there are two assessor parcels associated with the single-family request. However, only a portion of the property to the north will be part of the subject property. Now, more specifically, the property to the north, if I go back one slide, is as you can see there on the immediate southwest corner is the Trinity Lutheran Church. That entire parcel is about 5.6 acres. Only the western half or so of that property will be the subject of this rezone request. So that western half of the church property is about 3.1 acres. Now, the independent parcel to the south is also part of this rezone request. That is 3.2 acres, for a total of 6.3 acres as the subject property entirely vacant. I should mention the property is a split zone. The northern half is zoned R110 and the southern half is zoned R4. This is just a description of the existing land uses in the area. TOWN OF FOUNTAIN HILLS Page 4 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 4 of 74 As you can see, immediately to the west is the Lost Hills neighborhood of single-family residential dwellings. To the north across the street from Palisades is Plat 212. That's zoned R18. As you can see, for the most part, they're built out with a few vacant parcels scattered throughout, such as this one down here, and again, immediately to the east is the church, and a little bit to the southwest -- southeast, rather, okay, if I get my bearings straight, is the Four Peaks Condominiums, just south of the church, there. There is a retention basin just at the southwest corner of Palisades and Mountainside, and then as I mentioned, the subject property is vacant. However, there is an area, especially on the northern half of the parcel, that serves as a detention area for the sunflower wash, which cuts through -- as you follow my cursor here, this is generally where the sunflower wash is and more or less forms the eastern boundary of the subject property. Here again are the existing zoning designations for the properties. I've explained that earlier. What the applicant is proposing, again, is a zoning of R3, thus eliminating it from the split-zoning situation and providing a unified zoning for the 6.3-acre property. Now, here are the specifics of the zone-change request as I mentioned. The northern 3.1 acres, the applicant is requesting a rezone from R1-10 to R3 and then the southern 3.2 acres from R-4 to R-3, so the southern half will actually -- would be downzoned in order to allow for a unified zoning for both parcels. What the applicant has proposed, and the following slide -- the slide that follows will consist of a site plan, but I just want to very briefly explain. The applicant is proposing, with this rezone request, a 80-unit multifamily development throughout four buildings. They will consist of three stories, including what the applicant calls tuck-under garages. A combination of garage and surface parking will be provided, the garage parking being the tuck-under garages, and then two vehicular access points on Mountainside Drive. This is actually the landscape plan that I'm showing here on this side. I think just because it is in color and it provides contrast, I thought it'd be more beneficial for the Commission and the citizens behind me. As I said, there are four buildings that would consist of 80 units, a combination of surface and garage parking. It will consist of two vehicular access points. These two access points are about 600 or so feet apart, according to my measurement. It's about 200 feet from the intersection of TOWN OF FOUNTAIN HILLS Page 5 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 5 of 74 Mountainside and Palisades Boulevard, and as I go through the rest of these slides, you'll find some renderings, and I've kind of keyed the renderings with the map. This one here shows kind of a bird's eye view from just above the wash towards the proposed development. Again, three stories, with the first floor consisting of garages, and some surface parking as you can see there in the foreground, and a series of retaining walls, as well as a terraced landscape. This is between buildings 3 and 4, if you follow my cursor right along this corridor up here. With the tuck-under garages, you can see only -- at least on the left, there are two stories that will be at street level, and then this is the rendering from Mountainside Drive, looking east towards the development. Now, in association with this rendering, you might have found in your packet a cross- section showing just how much of the building will be exposed from Mountainside Drive that the applicant has indicated in that cross-section about 20 feet and six inches would be visible from Mountainside, although the total height would be 30 feet as allowed under the R4 -- I beg your pardon, the R3 designation. I just wanted to briefly -- it's important to bring up the citizen participation component that the applicant has initiated as is required. There was a meeting scheduled on December 15th, and I've provided a report of the results of that meeting, and by the way, the meeting follows a notification to landowners within 400 feet of the subject property, based on the addresses provided on the assessor's website. So approximately 29 attendees were at the meeting. I won't go through the report in detail, but you can see some of the comments that were provided by the citizens as some of the concerns. To date, staff has received five letters of opposition, actually emails, basically in the last two, two and a half weeks or so. I've provided two of those letters in the original staff report and three more just before the meeting. Staff has also received hard copies. This -- actually, I skipped a bullet. One letter that you have includes a link to an online petition. Last I checked, there were 38 signatures in that petition of signatures from residents opposed to the rezone request. Staff also received hardcopies of a petition, actually, this morning against the zone change. I counted approximately 153 signatures, and also this morning, the applicant provided 23 letters of support, which I've provided to you as well, just before the TOWN OF FOUNTAIN HILLS Page 6 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 6 of 74 meeting. We have not gone through these signatures yet to see if there are any duplicates or even just whether or not they're within a certain radius of the development. One thing we could be pretty certain of, they are all from Fountain Hills residents. So some of the general citizen concerns that you might find in that documentation, I provided. One of the most often-discussed concerns was the increased traffic that this may bring to the area there -- are kind of related to that -- is the openness or kind of the expansiveness of the Mountainside Drive. The fact is kind of, like, a straight line with an expansive horizon. We have been -- our public works department has been receiving complaints about speeding along Mountainside Drive, and there are citizens that are concerned about that being aggravated with this development. Also concerns about left turns from Mountainside to Palisades Boulevard. The visibility of ongoing traffic going eastbound on Palisades is, should I say, not the best for travelers looking west. There's also concerns about drainage on the impact of to Sunflower Wash, loss of open space, and loss in property values. Now, Section 2.02 establishes standards for review. As you know, this proposed layout that the applicant has proposed does require a zone change, hence that's why we are here before you. Some of the things that counsel can consider are the nature of the use, the special conditions, proposed location of the buildings, parking, et cetera, and traffic impacts and influence on adjacent uses. Now, as staff was analyzing -- and I'm coming towards the end of my presentation. Staff was analyzing the potential impacts of the zone change. One thing we looked at are the -- what is the owner currently entitled to with the existing zoning, and so given the zoning for the northern half, the R1-10, again, it's about 3.1 acres. The R1-10 zoning allows one unit per 10,000 square feet, so that comes to about 13 units. On the R4 zoning designation to the south, that allows about one unit per 2,000 square feet. And I apologize, that's actually not a total of 73 units. A total of 70 units that would be allowed on that property. So the total number of units that would be allowed under the current zoning designation is 83 units. Now, that's theoretical, but if you factor in things like driveway widths and drainage and things like that, it may very well be less than that. We wouldn't know for TOWN OF FOUNTAIN HILLS Page 7 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 7 of 74 certain until we reached the site plan stage. So again, the proposed zoning, the R3 designation that the applicant is proposing would allow a total of 80 units. However, it would be spread out through both sections of the parcel to allow more thoughtfully designed development. So kind of going into my staff recommendation, so staff, based on its review of the general plan and the applicant's proposal, recommends approval of the rezone. After having looked at the thriving neighborhoods element of the general plan, we generally find it consistent. One thing is important to note is it discourages higher density development, particularly in the south half of the property that is currently zoned R4 as I mentioned earlier with the current zoning. Potentially, you might be seeing 70 units concentrated within that one 3.2-acre property. The development would be stepped down, as I showed in the applicant's rendering earlier, that would allow for about 26 or so of the 30 feet to be exposed on the side of facing Mountainside Drive. It is adjacent to the Four Peaks development, as I showed you to the southeast, which contains more units and is more dense than what is being proposed, and just comparing the existing zoning again with what is being proposed, staff finds this to be more compatible with the adjacent neighborhoods. So at this point, I'll allow for discussion and questions. The applicant is here as well, and he has a presentation as well. Thank you. GRAY: Let's go ahead and hear the applicant's presentation and then we'll maybe call you back up before the public comment session. TAVASSOLI: I think it's maxed out, but I'll have the -- I'll make sure the applicant holds it close to himself. Let me get that presentation up. Yeah, it has its disadvantages. GRAY: Farhad, while you're scrolling through that, the parcel that's owned by the church, that's the R4 current designation, or is it the other one? The other one. TAVASSOLI: The other one is zoned, yeah. GRAY: Okay. TAVASSOLI: Okay. Right click. MAEROWITZ: So I'm not as tall as Farhad, so maybe this is a little bit more appropriate for me. My mouth is right by the microphone. TOWN OF FOUNTAIN HILLS Page 8 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 8 of 74 For your records, good evening, Chairman Gray, members of the Planning and Zoning Commission. My name is Mike Maerowitz. I'm a zoning attorney at the law firm of Snell & Wilmer at One East Washington Street in Phoenix. One of the things that I really like about my job as a zoning attorney is I get the opportunity to work on a lot of different zoning cases, and I can tell you, this is the most unique case that I have ever been a part of in my career. This is a situation where a developer is requesting a rezoning proposal that downzones a portion of the property so that less units can be built on the property with the zoning proposal than what you could build today. That almost never happens, and in fact, zoning attorneys who've been practicing much longer than me will tell you the same thing. One of my mentors, Nick Wood, has been part of hundreds of zoning cases, and only a handful of times has that ever happened, so this is a very rare and special case that you don't always see. Most of the time, it's developers coming to me and they ask for assistance to rezone a property so that they can increase the density, and you've probably heard that developers -- one of the mantras -- our common mantra that you'll hear is, I want to build as much units as possible on a property, as much building area as I possibly can, so I can get a greater return on my investment, particularly for multifamily projects. But that is not the brand of this developer and that's certainly not what's happening here. As you'll see as I go through my presentation in just a moment, what we're proposing here, when compared to what could be developed today, right now, as Farhad complained, you have split zoning. The property today could be developed with 70 multifamily units and 13 single-family homes for a total of 83 dwelling units. What our zoning proposal proposes to do is to reduce the density to bring it down from 83 to 80, and as part of that, we're doing a number of things. We're increasing the open space that is now developed on the property than what would otherwise be developed based on how it is currently zoned. We are reducing the traffic because now we have less units and less future residences, and we're also -- and I'll explain in my presentation, it allows us to spread the buildings out and move the buildings further down the hill, so that way, we are, in a sense, tucking the buildings. TOWN OF FOUNTAIN HILLS Page 9 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 9 of 74 One of the things that I'll point is that the property is very much on a hill, and so because of this, we can spread it out. We're able to put the buildings further down the hill and tuck them in the hill so that we're better preserving the views for the single-family homes to the west. So there's a lot of really great unique features about this that, like I said earlier, makes this one of the most unique and special cases that I've been a part of. So with that for some background, for Farhad had shown this map, this is a context aerial of the property to show you where the site is located. As you can see, the property is located at the southeast corner of Palisades Boulevard and Mountainside Drive, and for those of you that know this area, you know that this area very much slopes to the east, and you also know that the area -- and you can see it from this map -- it follows a very common land use and development pattern where, at your major street intersections, you have your commercial uses and then, as you move from your commercial uses, you have your multifamily land uses, whether it's apartments or condominiums, and then past that, you have your single-family homes, and you can see that happening here. So at the corner, at the southeast corner of Palisades Boulevard and Fountain Hills Boulevard, you can see that you have your commercial uses. You have that Safeway shopping center there. Then as you move further to the west, you have your multifamily land uses. Immediately adjacent to our property, you can see, is a Four Peaks Condominiums, and then as you move west across our property up the hill, across Mountainside Drive, that's where you have your single-family homes. So when you're looking at it, our property very much sits -- and part of the reason for its existing R4 zoning on that southern piece is it's very much part of that transition. It's the transition area where you have your multifamily land uses that provide that land use transition then to your single-family homes. Here's a closer up image of the property. As Farhad explained, the property is just over six acres in size, and you can also see that it's currently two parcels today. There's a north parcel that sits right at the corner of Mountainside Drive and Palisades, and then just to the south of that then is another parcel that we call the south parcel. And TOWN OF FOUNTAIN HILLS Page 10 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 10 of 74 again, this image, you can see a little bit here. It doesn't do a great job of showing it, but this property sits on a hill, and it's really part of the hillside, and in fact, there's a 50-foot drop from the western edge of the property along Mountainside to the eastern edge of the property, so there's a very significant drop here. The other thing you can see is, again, as Farhad explained, is that there's split zoning, so the north half of the property is zone R1-10, and then the south half of the property is zoned R4, and the R4 zoning district is, of course, the Town of Fountain Hills multifamily zoning district. And so what this slide shows is exactly what you can build today under the existing R4 zoning, and Farhad did a very good job of explaining this, and it's repeated on this slide, but if you were to build this property today without any sort of zoning change, meaning a developer could start on this process today, they wouldn't be here in front of you asking for a recommendation approval. They wouldn't go to the city council for approval. They could build that property with 70 multifamily units, and you could do that at a building height of 30 feet. Now, while you could certainly build that project, there is a number of reasons why -- and it will tell you that initially, when the developer came to us, the initial thought was, well, this property is already zoned R4 for multifamily. Let's just develop it R4 under its existing zoning with 70 units. But there's a number of reasons why you wouldn't want to do that because it wouldn't result in as high of a quality development that's consistent with what you see around it and, frankly, the character of Fountain Hills, which has a lot of high-quality developments and really emphasizes open space. And the reason for that is you'd have to cram your buildings. You can see it's a fairly small property, so you'd have to cram your buildings really close together all on that site, which would really decrease your open space. It would also mean you would have to locate your buildings closer to Mountainside Drive, and so your buildings would sit up higher on the hill, so you're really blocking the views of the single-family homes. And then also it's not a very long property. You don't have a lot of frontage on Mountainside Drive there, so in terms of traffic circulation, you would only have one access point, so you'd just have one driveway that provides your entrance and exit, so all of your traffic from 70 units would just be circulating in and out of one driveway, so the TOWN OF FOUNTAIN HILLS Page 11 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 11 of 74 traffic circulation would be far worse if you were to do that. So the reason we're here in front of you today is, rather than developing the property that way, we are here before you because we're asking for your recommendation of approval on a rezoning application that would allow us to incorporate this north parcel and rezone now the entire property to R3, which is a downzone of that south parcel, and that has a number of benefits. But before I get into those benefits, I want to quickly again cover exactly what that R1-10 parcel, the north parcel would allow, and you can see there that under the R1-10 zoning district, which is a single-family zoning district, and the density that's allowed, and given the size of the property, you can see highlighted there that you could build 13 single- family homes. So when combined with the property to the south, again, as Farhad explained, you could build 83 dwelling units. You'd have 13 single-family homes and 17 multifamily homes, but when you're able to incorporate this property into our development and as part of our rezoning proposal by incorporating it, we are now doubling the size of the property. So rather than the three acres of the south parcel, we're now adding an additional three acres, and we're just requesting to add an additional ten units, so we're going from 70 to 80, so doubling size for just an additional ten units. And in addition to reducing the density, here's now the site plan for the proposed development, and it solves a lot of the problems that you have with just developing that southern parcel. So the very first thing is open space, so rather than cramming all the buildings on that south parcel, we're now able to spread them out significantly, and you can see just how much open space that's being provided. And in fact, you can sort of see on that image. There is that property line that's a dark black line that runs around the property. A lot of the property, we're not even touching. That's going to remain a natural wash, an open space. That will continue to preserve that natural, open environment which is going to be a really nice feature of this development that really helps preserve that open field, so we're really increasing the open space from what otherwise would be developed here. The other thing is, because now we have a little bit more space, you can see that we're able to locate the buildings further down the hill, and so that's allowing us to tuck the TOWN OF FOUNTAIN HILLS Page 12 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 12 of 74 buildings into the hill and really reduce the height of the buildings when you're viewing the buildings from Mountainside Drive or as you get further west from those single- family homes that are further up the hill. And the other thing is, you can see here, we've now added another driveway. Because we have that property to the north, we're now able to have both an entrance and exit on that southern parcel and we can have an exit and entrance on that northern parcel, so rather than having all the traffic circulating in and out of that one driveway and filtering in the same location on Mountainside, we now have the ability to spread it out more, which results in much better traffic circulation. So again, this is a -- that's why I say it's a very unique case. Typically, I have to stand in front of planning commissions and ask you to approve a rezoning proposal that would increase the density so that the developer could build more development units. That's not the case here. Instead, it rezones a property which results in a downzone of half of the property so that you reduce the density for the property, you increase the open space that could be provided, you can lower the height of the buildings, and you also reduce the traffic. And before I conclude my presentation, I want to articulate those points in a little bit more detail. So the first is reducing the density. Again, as we explained, the total density that is allowed by rite on this property is 83 units: 70 on the south parcel, 13 on the north parcel. We have a downzoning proposal that will now allow less units in that, so 80, so it will result in less people in the development, in less traffics. All the concerns that you may hear about density are reduced by this proposal. The next thing is reducing traffic. Of course, it makes sense that, when you're reducing a number of units and the amount of people that would be living there, you would reduce traffic, but one of the things that we want to do -- and I'll tell you, our traffic engineer is in attendance here and can certainly address questions related to traffic. But we wanted our traffic engineer to put together a comparison in their traffic study of what would the traffic look like if you're to develop the properties under its existing zoning versus what it is that we are proposing, and so that's what this chart summarizes -- and you can see that that red box is highlighting the 90 numbers. TOWN OF FOUNTAIN HILLS Page 13 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 13 of 74 Our proposal results in 90 less vehicle trips a day than if you were to build the property with the 70 multifamily homes and 13 single-family dwelling units, so in addition to reducing the density, we're reducing the traffic. The next thing is building height. I noted that, as part of doubling the size of the property but only adding ten additional units, that gives us a lot more space. And as part of that, you can see on the site plan, we're able to spread the buildings out and lower them down the hill, so essentially, we are able to tuck the buildings down the hill so that the roof of the building, when you're looking at it from Mountainside Drive, looks like what you're seeing on the screen there. So that's Mountainside Drive looking at the project. While it's a three-story project, you can see a lot of from Mountainside Drive is hidden. You're really only seeing about two stories there, a little bit less, but of course, it actually is a reduction. This view that you're seeing is from Mountainside Drive. I noted earlier that, as you get further west, of course it goes further uphill, and so I wanted to prepare this sightline exhibit that shows you of what you would see if you're standing from a neighboring home, looking at the project's buildings. And so this is a sightline exhibit that you can see looking over the building that is to the south on the south parcel, and you can see that because we're able to, we have a parking level. That's level 1, and then we have two floors of residential units. We're able to actually tuck a portion of that parking garage into the hill, as you can sort of see that line there. That's a dash line, and how a portion of the parking garage is in it. That allows the building to sit lower down the hill, and so now, the finished floor elevation, or in other words where your feet would be standing from a neighboring home, is now only one foot lower than the top of the building, and so that allows you to see directly over that building, so it's one of the nice features that we can do this now by doubling the site area, enable -- spread the buildings out and lower it down the hill. And then the last thing is increasing open space. There are a lot of reasons that make Fountain Hills a special place with high-quality development, but one of those components is certainly open space, and I can tell you that, again, I've never been a part of a development project that's proposing 61 percent open space, which is the open-space percentage that's being maintained. And we're able to do that because, again, we've doubled the size of the property and only TOWN OF FOUNTAIN HILLS Page 14 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 14 of 74 adding ten additional units. You can see from the site plan, in addition to all the landscaping that will be added, and you can see that in the tan color and the green for the trees and the landscaping, there is a lot of that site area that we're leaving completely untouched. And so that will remain natural desert open space that will be a really nice feature that's really preserving the open feel. By comparison, there's that second bullet point there that would show what that south parcel would look like if you were to cram your 70 units all in that parcel. The open-space percentage that you would get when we're kind of producing a conceptual site plan and what that would look like is closer to 36 percent, and so we're a tremendous increase from that, and again, that's because there's so much of the site area that we no longer need to touch. So for my last slide, of course, with any development proposal -- and you saw this from Farhad -- neighbored outreach is incredibly important. We want to be good neighbors. This developer is going to become a part of the community and really wants to make sure that we're informing the community about what it is that we're doing. And so this slide, what's intended to show is the amount of outreach that we've done for the proposal. This is not certainly a case where we just show up to the hearing and inform everyone for the first time about what the proposal is. There's been countless of outreach where we're going door to door, and for those who are available and willing to sit for a presentation. Our team spent 30, 40 minutes sometimes with each individual neighbor, giving them a presentation, and what this outreach slide shows are the results of the support that we've received. So in green, our -- Farhad mentioned we have 23 letters of support. Those are identifying the surrounding neighbors that were willing to write or sign a letter of support that we provided in the case file. But in addition to that, you also have verbal support. I mean, there is oftentimes, for a variety of reasons, one reason or another, someone might be supportive of the project but doesn't want their name in a public record and part of the case record, and so we've identified those individuals that are supportive of -- and have expressed their support for the project but were not included in the letters of support. And the very last one, you can see there's 81 neutral that are in yellow there, and those are individuals that took the time to listen to the presentation that went from 30 to 40 TOWN OF FOUNTAIN HILLS Page 15 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 15 of 74 minutes and did not have any concerns with the development, so they weren't against it, but also liked the development the way it was, but didn't want to express verbal support or even a tacit, so we kind of put them in that neutral territory where there's no questions or concerns at that point. So just to show you that we've certainly done our best and spent lots of hours to make sure that we're informing the community about what it is that we're doing, but the important point is just how special and unique that this is, that when compared to what this property is zoned for now, we're reducing traffic, we're reducing density, we're able to lower the height of the building and increase open space. So with that, we respectfully request your recommendation of approval, and I'm happy to answer any questions you may have. GRAY: Thank you for the presentation. Commissioners, any questions of the applicant or Farhad before we go to the public comment session? COREY: I do have one question for the applicant. Can you clarify on the north parcel the image that showed the four buildings? Yeah, if you go back there. Thank you. So I heard you mention earlier the percentage of use of that land that you were planning was low, but I'm seeing, like, half of the four buildings on that plat. Can you clarify? MAEROWITZ: Yeah, so great question, Commissioner Corey. So the difference is with utilizing the northern parcel is -- so that south parcel is three acres in size. It's just over. That north parcel is also about three acres in size. I think it's 3.1 or 3.2, so we've doubled the size of the property. Rather than south, we've gone from about three acres to six acres, and rather than 70 units for a total of 80, so we're just adding ten additional units even though we're doubling the size of the property. As far as the percentage, and it's a little bit difficult to see on this slide, but you can sort of see where that line is, that kind of -- you can sort of see that parcel line that cuts through. It's almost running through building 4 and 3 there, so that is where that property line starts for that building to the north, and so the percentages is fairly equal. We've got two of the buildings on the southern parcel and then a portion of three and four on the TOWN OF FOUNTAIN HILLS Page 16 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 16 of 74 southern parcel as well, but we're really spreading out the buildings. We didn't want to put three or four buildings all in that southern parcel. This allows us to spread it out entirely so that, again, you can move it down the hill, but then as also you can see, there's that area that's not actually covered in tan or green. That is also still part of this property as well, and so that's being untouched. So just kind of, visually, you can see that we've got two buildings on there, but there's a lot of area there that's remaining untouched. GRAY: Commissioner Watts? WATTS: Three questions, please. One, what's the fall from the south to the north, from the highest point, which it looks like it's right across from Ponderosa? MAEROWITZ: Yes, great question. So from Mountainside Drive, then, all the way down to the edge of our property line, it's a total of a 50-foot fall. WATTS: So it's equal 50 foot going north to west to east, and then south to north? MAEROWITZ: The north to south is -- it doesn't quite fall. It slopes to the east, and so we actually haven't ran the calculation because it would be fairly similar from north to south, so it's really -- it's a drop to the east, and so what you're looking at there is Mountainside Drive is of course to the west there, and then building 3, it's -- you know, above building 3 is to the north. And so we've done the -- the fall is really happening, sloping east, and that's the 55-foot drop, and there's not really much of a drop or a fall from north to south. It's really sloping east. WATTS: Right. It falls off both directions, kind of diagonally? MAEROWITZ: Yeah, you could say that it's sloping down east a little bit, and yep. WATTS: And what seemed to be glaringly missing was what were the opposition? You did 132 presentations but nobody opposed it? MAEROWITZ: Yeah, so there's certainly -- and I can tell you, this is the first time we've heard of a petition that's been circulated. I know Farhad had mentioned that that was provided this morning. There's -- of course with any new development, you're going to get -- especially when it's been property that's been open space for a very long time, there's going to be concerns, and that's perfectly normal. And so we certainly ran into neighbors that have opposed the project, and I think that TOWN OF FOUNTAIN HILLS Page 17 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 17 of 74 number, as far as that told our team that went around to the doors, is around 21 or 22 individuals. Now, of course, you've heard today that there was a petition that was circulated that has more than that. We like to do the community outreach in kind of an area. We of course can't go all over Fountain Hills to speak to everyone. Time doesn't permit it despite how much time we spend, but of the radius that we were within where you saw that map, those numbers were 23 in support. We're right about that 21. It was 20 or 21 that expressed opposition, so said, no, we don't like your project, and then you have then the just under 30 that are the support, verbal support, but neutral, and then the 80 neutral. WATTS: And finally, the -- well, actually, there's two more. Theoretically, there's 70 and 13, but the single-family homes are a lower profile. They wouldn't have the same elevation restrictions that the 70 would have because of the zoning requirements, so in theory, you may not get 70 out of the R4. You might get 13 out of the R1-10. In your experience, what do you actually think that the numbers would be? MAEROWITZ: Commissioner Watts, that's a great question, and just for the first part of that about single-family homes, you're absolutely right. Single family and multifamily is a different product. They look a lot different, but actually the height is very similar, so here, the building height allowed under R1-10 and R4 is 30 feet, and of course, homes can very. If it's a one-story home, it's going to be lower, but if it's a two-story home, very often it's 30 feet, and a lot of times, too, it depends on what you do with the roof, and so in terms of height, you're going to see a very similar height. 30 feet's allowed on both, and as far as what you would really see, in my professional opinion is again, I told you, we work with a lot of developers, and it's always more and more density. And we've been a part of a lot of projects where there's a lot of site constraints, including washes. It is very easy to go to the Maricopa County Flood Control District and ask to channelize a wash so you can reduce the limits, so that way, you increase your buildable area. So I can tell you, it is highly likely, especially with how great of an area it is under its existing zoning, that the maximum developments -- that the development standards would be maximized, so I do think you would see exactly that, 70 multifamily units and TOWN OF FOUNTAIN HILLS Page 18 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 18 of 74 13 single-family homes, there. WATTS: Maybe it would be a follow-up question for Farhad on the elevation of the houses, the single-family houses, what that would be. TAVASSOLI: Mr. Chairman, Commissioner, are you speaking of the single family? WATTS: Yes, the single family. TAVASSOLI: Okay, so -- WATTS: What would be the maximum height that you'd be able to -- TAVASSOLI: Maximum height is 30 feet, so -- WATTS: So the same? TAVASSOLI: -- obviously a two story, yeah. WATTS: Same thing? TAVASSOLI: Yep. WATTS: Okay, thank you. And last question, before I forget, because I just forgot. Oh, is the topography the reason that you're not pushing it further down the hill? Is that the restriction because the increased cost in dealing with the wash down below? MAEROWITZ: Comm. Watts, yes. There's a couple reasons, but the biggest one is exactly what you mentioned, is that you'd have to kind of reorganize the drainage that's there. You'd have to change that and change the wash. You could certainly do that, but it requires extra steps, and we think that this is a better development. And then we'll see how the parking, too, rather than putting your parking right up, I think it's kind of nice to have your -- you know, up alongside Mountainside Drive, it's nice to have your landscaping and amenities like the pool there, but you're right, topography is the primary reason why it's difficult to do that, but certainly, I think we've done that a lot more than what it otherwise could be. WATTS: Thank you. SCHLOSSBERG: Can you go back to the site building cross-section, the one that shows -- I guess it would be the neighbor -- that's the one. So I've blown this up. I still can't read it, but you're using, I assume, a neighbor's home across from Mountainside, and the finished -- does it say finished floor? Is that what that says in there; like, that's what they're saying out of there? MAEROWITZ: I know, this is one -- it's difficult to read, especially with it being purely TOWN OF FOUNTAIN HILLS Page 19 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 19 of 74 black and white. So a couple things to point out is you can sort of see a faint dotted line. That is representing the hill, so the hill that's going down there, and you can see where that person's standing. Yeah, that's the finished floor elevation of the nearest homes that are just right across the street from Mountainside Drive, so you're about that elevation, so if you're standing at it, it'd be representative of where that person is. That's where your feet would be, looking at it, and if then you kind of follow that dotted line down, you can see that you run into then the building, and a portion of that parking garage is tucked into the hill, and so that's kind of a really unique, nice design feature that utilizes the slope to kind of add a new feature where you're kind of lowering the height of the building. Even though it's still 30 feet, you're tucking a lot of it, then, so that way, it's not viewed as high, so that's what that's intended to show. SCHLOSSBERG: So their line of sight from their living room would basically -- it wouldn't be impeded by the buildings? They'd be able to see? MAEROWITZ: You'd be able to see -- you'd be able to see over, yes. So where exactly where that line of sight is, a person standing there could look right over that building if you're showing that building there to the south. SCHLOSSBERG: Okay. MAEROWITZ: And one of the -- one of the things that I want to mention, because it sounds like there's comments to that, so this profile -- I want to show that. You can see, at the bottom there, we've produced an image that's kind of a site plan of it. You can see the highlighted yellow line, so that's the exact view that you're seeing. So you can see someone standing right there, looking over that southernmost building. That is exactly what you would see there, looking over that building. Now, it's a building that's on a slope, and every building's a little bit different, and so there are -- I want to show this one just to be fully transparent about it, but I think it is certainly much better than what it could be. I want to show another sight line. So here's another sight line exhibit of -- so we had a second one prepared of what -- looking at the northern parcel, and so this one is not able to be -- the one to the south is, as you can truly say, based off of that sight line exhibit, you can see right over the top of it. TOWN OF FOUNTAIN HILLS Page 20 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 20 of 74 The other one to the north is looking at it. You can see now the highlighted line where someone is standing from right there across Mountainside Drive, would see looking over -- I believe this is building 3. They see now building 3 sits exactly ten feet above their feet, and so this particular -- from that particular angle, just looking over that building, there'd be a little bit of a blockage there. There'd be a ten foot, so we've certainly done a very good job. I think it's certainly much better than what it would look like to preserve the views, but yeah. Out of full transparency, of course there will be that adjacent right there that would be partially obstructed by just that portion of the building, but again, it's only ten feet above when you're allowed 30 feet there, so we've done our best to really make this a well- designed project that's respectful of surrounding properties. GRAY: Comm. Dempster? DEMPSTER: Hi, thank you. And thank you for this package. It answered a lot of questions ahead of time. It was very thorough. I just have a couple of clarifying questions. So you are going to keep the existing topography; is that correct? MAEROWITZ: Yes, that's correct. We're not changing the slope. Now, of course, we are doing some work so that you can tuck the parking garage into the slope, but the slope stays. DEMPSTER: Okay. I just want to -- and then these properties are all rental properties, or will they be for sale? MAEROWITZ: So the plan -- these are set out to be for -- or sorry. They're set out to be for rent currently, and we certainly think that there is -- some of you may -- of course, if you're following Fountain Hills, know that certainly, the demand for rent housings far outpace the supply, and so this development group has certainly seen a need for rent housing. But we've also heard comments from neighbors that we like design, but man, I really wish that would be for-sale housing, and so what we are doing in response to those concerns and why we reach out to neighbors is that, while this will be a for-rent product to start, we are going to condominiumize it, meaning there will be a condo plat over it, and so essentially what that does is it establishes a legal description for each individual TOWN OF FOUNTAIN HILLS Page 21 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 21 of 74 unit, so that in the future, there could be sold if there's a market demand for it. And so in response to those community comments, we are condominiumizing it and doing all of the things that would be necessary to sell in the future when the time arises and that makes sense. DEMPSTER: Okay, thank you. Had you done any -- conducted any studies to support the rental versus purchase? MAEROWITZ: So certainly, this development group prepares market studies and is very thoughtful about what markets they're entering and what properties make sense to develop. I could certainly bring the developer up to talk about what kind of went into the decision calculus and why for rent was here, but I can assure you that they certainly do their due diligence. DEMPSTER: Thank you. GRAY: I suppose I'm last here. Just a couple questions, and then we'll get into the public comment section. I guess pulling things together, anybody who's decanting in this manner is looking for a higher end product, presumably, right, and what inevitably would come with that in a Fountain Hills type environment is more vehicles. You have a primary vehicle, maybe a secondary vehicle, maybe a show vehicle, and that's kind of a Fountain Hills given, so my question is what, if any, parking allocations scheme is in place or will be a part of the covenants for this type of development? You've got the drive-under parking. There's some surface parking. What I want to, I guess, discern here is are we disproportionately loading building 2 and building 4, for example, with two or three stalls per, and that would then leave building 1 and 2 with less, and ultimately what I'm getting at is I want to get to a comfort level that there's no parking being pushed out onto Mountainside Drive or adjacent streets. MAEROWITZ: Sure, sure. Great questions related to the parking, and as far as parking numbers, so this development provides a total of 169 parking spaces, and it's a mix between -- so each one of those buildings of course sits on top of a one-level parking garage, so it's kind of a podium-style development with then two residential floors on top. So you have the parking underneath the building. That's covered, of course, and then you have your surface parking that you can see that's along the drives there. The Town of Fountain Hills zoning ordinance requires -- has very clear parking ratios where, if you TOWN OF FOUNTAIN HILLS Page 22 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 22 of 74 have this many bedrooms, this many units, here's what your parking requirement is. Their parking requirement is 164 spaces, so we're 169, so we're providing five more than that, and that's to ensure that there's not going to be overflow parking that's parking them outside. So we certainly think we're providing enough parking and we're exceeding the Town's requirements there, and then as far as either way that the programming or CC&Rs would work over the parking, and it of course changes depending on from development to development, but typically, the way that it works is that in your cover parking that's under the garage, if it's a for-rent product as part of your rent, you can pay. You pay. You kind of add to your lease an additional cost that it can use one of those parking spaces, and then the surface parking is primarily for guests, and so and that's outside there, and so that's really intended so that there's certainly not going to be tons and tons of visitors, but there's enough visitor and resident parking so that you're not needing overflow parking on Mountainside. And again, we have our traffic engineer that's here that can certainly tell you we certainly take traffic and parking -- are very important considerations, and so based off our traffic studies and what the Town requires, we believe that we're providing more than sufficient parking, so that wouldn't happen. GRAY: Okay. And then I suppose also related to the traffic engineer, I was trying to line up the adjacent single families with the two driveway accesses, and I think the south access -- I don't think there's anything across Mountainside there, but the north access -- I wanted to see if we could -- MAEROWITZ: Yeah, maybe an aerial might -- GRAY: -- figure out what property that is, and where I'm going with that is the last thing I think we want to do is, if we've got offsetting drives, we're offsetting Ponderosa. We're offsetting -- I think that's Tumbleweed there. You know, egress out, headlights into somebody's living room, et cetera. We want to probably look to avoid something like that, so what does that north drive (indiscernible) is that? MAEROWITZ: Sure. Well, actually, this will show it a little bit better. So this, you can see kind of the spacing between the two, and one of the reasons why we've placed them TOWN OF FOUNTAIN HILLS Page 23 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 23 of 74 all the way to the edge is -- one at the southern end of the property and one at the northern end of the property is really to space out the traffic so you don't have everyone coming to one point on Mountainside Drive. But yeah, I'm certainly -- actually, in fact, this might be -- if you'd like to hear from the traffic engineer as far as why the location of the driveways and why we think that's the appropriate design here. GRAY: Yeah, I guess my concern is for that single family across the way. The circulation of it all looks fine to me, but I don't want to inadvertently -- by setting those both up as offsets, I wouldn't want to inadvertently affect those residents. And then also just curious, in any of your feedback sessions, the pool being off of Mountainside, you know, theoretically adjacent to those single-family residences, did that come up at all? MAEROWITZ: We have not heard that concern. I mean, it's not a particularly large pool, and you can see it's also -- there's lots of landscaping and trees around it, and so it's pretty far set back from Mountainside Drive, and I can tell you, I've been a part of projects where you put your kind of amenities by a property line where it'd be next to a single-family home. This is totally different. This is not only separated by a street and it's also separated by kind of the landscaping, and it's down a hill, so I think there's a lot of separation there that there shouldn't be an issue with noise around that area. GRAY: Okay. And then last one, and I'll close the mic, here. Looking at the site plan A11 sheet, I did find a little note on here to answer my question, that all rooftop mechanical equipment -- or there will be no rooftop mechanical equipment. Is that to say that the roofs are completely clean other than vent stacks? And then, Farhad, is that note binding once it's on a site plan like that? MAEROWITZ: So just a -- and in fact, I'm trying to find the render in here. You can't see it in there very well. So the reason for that is, of course, you can put your equipment on top of the roof, and typically, that's not accounted as far as your building height, but we really -- again, we thought views here, preserving views the best we could is important, and so that flat roof, rather than having equipment, we think does the best job at doing that, so you don't see things like HVAC equipment up there, and so you're TOWN OF FOUNTAIN HILLS Page 24 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 24 of 74 keeping a clean roof line. We will certainly do that regardless whether the note is binding or not. That's certainly the plan here, so. GRAY: Okay, okay. Thank you. Mr. Kovacevic? KOVACEVIC: Yeah, I do have a couple questions. The first questions that I have is for the staff. Is there any rules of thumb as far as visitor parking and surface parking versus the dedicated parking for the residents? TAVASSOLI: Mr. Chairman, Comm. Kovacevic, I believe there is a required amount of guest parking at -- thank you, Mr. Chairman. I think the required guest parking is one- quarter space for each unit. KOVACEVIC: Okay. So 80 units, 20 spaces? TAVASSOLI: Correct. KOVACEVIC: Okay. Second question. The engineering study's almost 30 years old. What's the history? Do we know the history of the adequacy of storage in the wash? TAVASSOLI: Mr. Chairman, Commissioner, I'm not sure of that. I don't have an answer for that. KOVACEVIC: Okay. And is that -- TAVASSOLI: Typically something that would be determined during the site plans stage. KOVACEVIC: Yeah, and I guess I'd like to echo Chairman Gray in that I would think the proper planning would have the ingress and egress opposite Ponderosa and Tumbleweed drives; is that something the developers looked at in this site planning? MAEROWITZ: So that's a very good question. I'm actually going to call up our traffic engineer, Dawn Fortuna (ph.), to talk to you about our findings, why we've located them where we are as opposed to opposite those two drives. KOVACEVIC: Okay. MAEROWITZ: So if I could quickly do that; is that okay? KOVACEVIC: Sure. MAEROWITZ: Thank you. CARTIER: Dawn Cartier with Civtech. We're at 10605 North Hayden Road, Scottsdale, Arizona. So we did look at the offset of the driveways, but what we were looking at TOWN OF FOUNTAIN HILLS Page 25 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 25 of 74 more specifically is the turns coming in and out of the driveways versus in and out of -- I would say our access points, driveways, versus the driveways, what I would call the neighbors on the west side of the road. But the one thing in terms of the lights shining in that we were just looking at -- and you could see it in the perspective of the hill and the slope falling down -- is that, where we come in and connect to the road, we are in a spot where we will tend to be lower than what's across the street. The one driveway we have on the very north doesn't have any opposing neighborhoods. You know, there's no residence there. It's really what's been left for drainage reserve. We would have to take a closer look at the one on the south, but my -- just from looking at that perspective, we were looking at across building 3 versus where that driveway sat, it did appear to me that when we were on the side of the house, when I was just looking at aerial photography, not the front of the house, and that our topography coming out would just be slightly low coming across that drive where we shouldn't be in a situation where we've got headlights shining into somebody's front window. It just doesn't look like it's there, but we can take a closer look at that. KOVACEVIC: That's all I -- those are my questions. GRAY: Mr. Watts? WATTS: Don't go away. When I walked that property, Ponderosa is about the (audio interference) of that hill, roughly, and there were somewhere between three and five people that -- vehicles that just ran right through that stop sign. I had to pull off of the road. It's a very narrow road. It looks bigger than what it really is. I had to pull off the road onto the sidewalk that is there on the east side. I don't remember whether there was anything on the west side, but do you actually -- did you actually do a traffic study of the number of people that run right through that stop sign, ignore it, and they're coming up out of the -- out of the bottom where your ingress/egress is, as both ways? It doesn't matter which direction they're going. CARTIER: Through the Chair, Comm. Watts, we did not do a study of the people that were running the stop sign, but what we did look at was the site distance as you're on Mountainside along Palisades to the right and to the left. What we know is when you're TOWN OF FOUNTAIN HILLS Page 26 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 26 of 74 sitting at Mountainside, if you look to the right, you can clearly see everything that's going on, and when you look to the left, we do have impeded sight distance by what we've noted in the study as a berm and a wall but also aggravated by what I would say is a crest vertical curve. And what we've heard from the neighbors is a lack of enforcement, which you're mentioning in terms of the stop sign, a lack of enforcement for speeding and a lack of enforcement for stopping. We're in the middle of doing a speed study now just to get a better understanding of what that speed might mean, more so that we can work with the Town in coming up with ideas to remedy a situation that's already existing and we're hearing neighbors talk about today. WATTS: So is this a situation where it would be appropriate to either have pullouts for -- people are going to park on the side of the road. Should you either expand the road, the width to accommodate that? Should you have pullouts or something for those that are going to park at the top of the hill? Because that road is very narrow, and I can't emphasize enough how narrow that road is. And when people go by both directions, I wouldn't want to be on the side of that road. That's going to cause an accident is what I would think. CARTIER: Yeah. Chairman Gray, Comm. Watts, those are ideas that have all been floated and are all on the table, and we're just getting that data because there's a myriad of potential options depending on what that data might show for both speeding. I mean, if it's really speeding and enforcement, that's a different tactic, but providing what we would call -- I think you're calling them pullouts. You know, we would take it where this -- and what we're really trying to make sure is people can make a safe left turn or we can find a way to get people to make rights and circle back through, but really, the idea -- if we can get a place for people to come and safely make that left turn into a refuge that would be along Palisades so that then they can wait and only have to cross Palisades one side at a time, we think that is a likely option, and I think that's partially what you're mentioning there is an option. WATTS: It's along those lines. I think Palisades is a whole different issue. I don't care whether you dump the traffic onto Palisades directly or where you put it on Mountainside and you feed it into Palisades, six and one a half dozen other, but on the hill, when there TOWN OF FOUNTAIN HILLS Page 27 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 27 of 74 are two vehicles, I'm not sure that, if somebody parks there, you can get three vehicles side by side in the width of that street. CARTIER: Just as a point of clarification, you're talking about parking on Mountainside itself? WATTS: Yes, yes. CARTIER: Yeah, so we did look at how far cars are stacking back as they make the turns, but what we've been talking about is not having parking along Palisades on our side of the street so that it can be controlled. WATTS: Yeah, I think Mountainside. CARTIER: Oh, sorry. Mountainside. Thank you. Mountainside. WATTS: Right, yeah. CARTIER: Yeah. Thank you. WATTS: Yeah, I think something has to be done on Mountainside. Not only enforcement, which is one issue, but as far as safety of two or more vehicles, particularly when there's one already parked, so. CARTIER: Right. What we know is we can control the one side or put up no parking at least on the portion adjacent to this site, and that would at least alleviate that spacing that the narrowness of the road in that location where we could keep it open for vehicles. WATTS: Thank you. GRAY: Comm. Corey? COREY: Thank you, Chair. Just before we open it up for public, I do have a question for Farhad. Just in thinking about what alternatives could be if this wasn't approved, are the height requirements in an R3 area, are they lower than they would be in an R4? Are those different, so they would be the same? TAVASSOLI: No, Mr. Chairman, Comm. Corey. They are both 30 feet maximum. COREY: Okay. TAVASSOLI: And that's measured from the natural grade or proposed grade, whichever is lower. COREY: Okay. And then also on the north lot, I'm hearing this 13 dwellings, and I'm just looking at some houses around that area, and I don't know how 13 could fit into that TOWN OF FOUNTAIN HILLS Page 28 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 28 of 74 little square, but is that true, that 13? Are they single-family homes or are you referring to -- TAVASSOLI: Mr. Chairman Commissioner, yes, they would be single-family homes. Yes, if you look at the topography, if you look at some of the drainage characteristics there -- and one thing is worth mentioning. This property is encumbered by a series of easements, the biggest of which being a drainage easement that a good portion of which is on the northern half, and I think you could kind of see it called out on the site plan. It's not my slide presentation so I won't go through it, but in my view, there are some constraints that would need to be addressed if it were to be developed with 13 dwellings. COREY: Yeah. I would imagine, because it looks like only maybe half of it is usable land, so I'm just trying to see them all squished together there, and I'm just trying to make a comparison between what's being proposed now and what could be if this didn't happen, so okay. Thank you. GRAY: Okay, thank you. We will move to the public comment portion of the hearing. Paula, I'm assuming you have a few speaker cards. WOODWARD: We do. Chairman, there are six cards that don't want to speak but have written that they are against the project, and there are 14 cards to speak. The first speaker is Joe Delucia (ph.). GRAY: Okay. And as Joe is stepping up, anybody who wishes to speak and hasn't filed a card, they are on the back corner in the black display board there. Please fill one out and hand it to Paula. Rules of speaking here this evening. You see a timer here in front of us. We've got three minutes on the clock. You'll get two beeps, one just a quick warning beep, and then you'll get the solid tone, so we'll let you wrap up a few seconds if you need to, but please try and keep it to three minutes. Okay. J. DELUCIA: Okay. Counsel, thank you for letting me be here tonight to talk to you guys. My name's Joe Delucia. I live across the street from this project that this will directly affect me. I'm the house where those gentlemen said where you see that little man standing, okay? If I was the Empire State Building, I can go ahead and see over, but we are not, okay? We have been living at that property for 23 years, and I've been fortunate enough to have TOWN OF FOUNTAIN HILLS Page 29 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 29 of 74 undeveloped property there at this point in time. I do understand that the property has been sold and that the church owns that property next door, but that property has not been split off to sell yet. I'm under the impression that these gentlemen are trying to change the zoning for the benefit of their pockets to go ahead and sacrifice our small town and our views and the things that we believe in, that this town was built on. I've lived out in Fountain Hills for 23 years now at that property. My family moved us out here in the early '70s. '77 when we moved out here. We were one of the first houses on Trevino Drive, and when they said they were building FireRock over there and it was going to be one of these big, beautiful golf courses and all of this, gorgeous, right? I don't see why we can't keep this town the way it is, and I am strongly opposed to the project across the street. And the traffic on that street? I tell the children walking up the street, please stay on the sidewalk, because cars fly over there, and the people walking their animals. It's not good, okay, and from what I understand, the La Strada development in Four Peaks has asked the Town for access to their apartments to access out on that drive a few years ago, and that was turned down from the Town, so I don't understand the traffic problem -- with all the traffic that we have now, and those guys had a problem with the safety already, why we're thinking about doing this. So from what I understand, that was turned down, and I strongly oppose this project, and I want to thank all -- and I will say one more thing. I was the one that went around and had the petition signed with some other people in the town here that helped me. All the petitions I signed were up Sunflower, up Tumbleweed, and on Ponderosa and across on Palisades and the street back, so they were all people in the neighborhood. If there was a few people that were walking up that street with their animals that I explained this to, they wanted to sign the petition. So thank you for hearing me. I appreciate it. GRAY: Thank you, Joe. Perfect timing. WOODWARD: Next speaker, Doreen Delucia. D. DELUCIA: Well, Joe is my husband, and we live at 13808 North Mountainside TOWN OF FOUNTAIN HILLS Page 30 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 30 of 74 Drive, directly across the street from the church property and the property that's zoned R4 that Sanderos has purchased. I second what my husband said. The traffic is a huge issue, and it's not just on Mountainside. It's coming east on Palisades, and to turn right onto Mountainside and then turn left into the first drive of this development would be extremely dangerous as you come up over a hill to make a right-hand turn onto Mountainside, and if there are people waiting to turn left into this drive, you have a backup and it is dangerous because you don't have much of a chance to stop. When I drive that way to go into my driveway, to make a right-hand turn into my driveway, I turn my blinker on, I slow down, and people are flying up behind me as if I'm doing something wrong to get into my driveway. So I can just imagine, when you add 150, 200 cars to this road, that that's not going to increase the safety -- or the unsafeness of our street. The other thing is that my husband spoke about the fact with the gates being open -- that of La Strada and Four Peaks where they requested to have those open as access on the backside over on Mountainside -- it was denied, but how is that going to stop them from requesting access now if this development gets granted to rezone, have two drives? Then it's going to increase the traffic even more. I strongly oppose the rezoning. I'm really opposed to the whole thing. I don't think that apartments are needed for our neighborhood. We don't need rentals. There are plenty of condos scattered throughout the town, and that is not what Fountain Hills is. We've lived in our home for 23 years. We grew up here in the '70s and the '80s. My grandparents had the second home ever built in Fountain Hills in 1972, so I know what the town is about. You drive up Shea, you come up to the top of hill, Palisades, and you get that sense of peace, and that's what we are. We are not Scottsdale. We don't need apartments, and we need to keep it the way it is. Thank you. WOODWARD: Next speaker. Sharon Hutchinson (ph.). HUTCHESON: Chairman, Commissioners. Sharon Hutcheson, 16027 East Tumbleweed Drive. I am opposed to this project, and I will give you several reasons why. The first reason is the zoning change from R1-10. I think that putting multifamily houses, especially -- TOWN OF FOUNTAIN HILLS Page 31 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 31 of 74 multifamily apartments, especially 700-square-foot to 1,200-square-foot apartments in a piece of property that was originally a zoned R1-10 and abuts properties worth $700,000 or more is a terrible use of land. The last thing -- or the other thing I'd like to talk and add to is the traffic. La Strada and Four Peaks have emergency access only off of Mountainside because it was so dangerous, and the people in Villa D'este across the street from them requested it, and the Town complied. However, when you go up there, you will see cars parked on the side of the road all the time. Coming down from Ponderosa, people go through that stop sign. They fly down and it's dangerous. Another area, when your people spoke about turning off of -- I'm sorry, turning off of Palisades, turning right onto Mountainside. If you're coming up Palisades and you want to turn left, you have to cross the median, cross the road, and then get onto Mountainside and better hope that there's not people coming out of that new ingress or egress. The other last thing that I don't know if you're aware of, but on the side opposite where the development would be, there are only three driveways that enter onto Mountainside. One is Doreen and Joe's. The other is clear up the other end of the property where the two duplexes are, because the road by the last town engineer was thought to be unsafe. And the very last thing I want to say, as I agree with whoever said, I would be surprised to see 13 houses built on the R1-10 property, but it would be, in my estimation -- I do know a little about land. I was on planning and zoning. I was on the council. That other piece of property that has the wash and the retention basin, you could never get that amount of units on that piece of property, and I have spoken to several real estate agents in town that confirm that. So I'm opposed to it. Good luck. Bye. GRAY: Thank you, Ms. Hutchinson. WOODWARD: Gretchen Boyer. G BOYER: Good evening, Chairman Gray, members of the Commission. My name is Gretchen Boyer and I'm proud to be a resident here for three years. We moved from Chandler, and my greatest gift of being here was when rush hour was three cars at the stop light as opposed to what Chandler is. TOWN OF FOUNTAIN HILLS Page 32 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 32 of 74 When we built -- we didn't build our home, but when we bought it three years ago, our real estate agent told us that the land on the east side of Mountainside was preserve land for the wildlife, okay, and that that whole strip was one plot of land that was owned by the church. I don't realize -- I don't know if there was any sale that was made there or how that works. That's not my forte, but in three years, I haven't received anything on a hearing. In fact, on the pre-hearing that this group did, we did not get any notice. I only found out about it by being next door, and I live at 16046 East Tumbleweed Drive, which is that house on the end where when they come out of that exit, who's lights might not be in our living room, but they sure as heck are in one of our bedrooms and our yard, and in our dark community standing, I am very puzzled why we need to have that kind of activity of 160 plus cars coming out of the development onto Mountainside and into my backyard. I don't find that appealing at all. The other thing I would like to speak to is the congestion. You've heard so much about that already. I don't think I have to go into that too much, but what I would like to address is the exits of the development, and my concern for the people who might choose to live in there to exit out onto Mountainside. Now, what happens if there's a fire in any one of them, God forbid, on either end? Those people get to go out one way. Does that sound safe to you? It sounds like a nightmare to me. I think that needs to be rethought. Further, we have a relatively quiet neighborhood. Adding 160 people, I don't think that would keep us a quiet neighborhood, and that's what we were looking for. We bought our home by the description. It's on about an acre, an acre and a half of land. It's set back. It's quiet. And I'm sorry. I guess I am out of time. I do thank you for the opportunity for being here and I appreciate the good work that you will be doing. Thank you. GRAY: Thank you, Ms. Boyer. WOODWARD: The next three speakers, in order, are Dave Boyer, Linda Kavanagh, and John Kavanagh. DAVE BOYER: Chairman Gray and Commissioners, it's hard to top my wife, you understand, so I'm going to try, but I won't reiterate anything. TOWN OF FOUNTAIN HILLS Page 33 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 33 of 74 When we moved from Chandler to Fountain Hills, the congestion became so bad in our area that we had three intersecting freeways, and that was enough for us, being retired. Coming to Fountain Hills was an absolute thrill to us. I see this as a village, not as a city, and when we bought that piece of property, our realtor was phenomenal. We looked at a lot of property in Fountain Hills, and when we found that, our first question was what's going to happen with the wash adjacent to our property, which is city owned by the way, and also across the street, and she said to us, from what I can understand and the research I've done, it was a preserve. We didn't know it was zoned to R10. We don't know when the hearings were. We don't know when the public notices were made, and that's a big change, and again, I don't mean to sound a little trivial, but I do love the javelina and the coyotes that come across our property and go into that wash all the time across the street. I know the developers are designing that area, right, have some flow for the animals in terms of easements and things like that. My suggestion is for the development company. Why not just build maybe 50 units on the top area that's already zoned and leave the bottom alone? It is a beautiful preserve for the city, and we'll never get it back again, and that's my big concern. The last thing is, is since I do drive Mountainside all the time going up to El Lago, there are times when there are cars parked on both sides of the streets and two-way traffic cannot go through. We have to duck behind each other to allow traffic to flow through there, and now you multiply that times 160, 170 vehicles, it's going to be an absolute nightmare. And my last point is I'm looking at 80 units holiday-time parties. Even if half of those units have a party on Christmas Eve, there is not enough guest parking, and you know what's going to happen? They're going to park right across from our house all the way up Mountainside for those types of events, and you're talking about traffic congestion and safety issues. It's going to be pretty serious. So again, thank you for your time, and again, I vote no on the rezoning. Thank you so much. GRAY: Thank you, Mr. Boyer. TOWN OF FOUNTAIN HILLS Page 34 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 34 of 74 Not that I don't want anybody to clap for Ms. Kavanagh, but if we could curtail that to the end, I'd appreciate it. LINDA KAVANAGH: Oh, now you stopped it. GRAY: I figure you're so used to it. LINDA KAVANAGH: Chairman Gray, Vice Chair Schlossberg, and members of the Commission, I appreciate your time to let me speak. Before I get into exactly what I wanted to say, though, as everybody was talking about the speed on the road. For six and a half years while I was mayor, we tried to get that speed down. As you know, as a mayor, you have some control over MCSO, so you say, we want you to patrol this road because it's dangerous. I can't come out of Ponderosa without getting almost hit, I don't know, almost on a daily basis. MCSO came. They parked themselves on Ponderosa. There's a nice tree there. They were always under the tree. They were on Sunflower. They wrote a lot of tickets. They left. It's still the same. The one thing that a lot of people haven't mentioned is a lot of the high school kids use that street to get to the high school, and they are the biggest offenders for speeding also. There's a lot of people getting to work and they're in a hurry, but you got to remember, that's a street that those -- that high school uses, and those kids are in a hurry, and a stop sign to them means you barely pause, okay? So what I was planning on saying was that, when I was mayor, many developers came before our council asking for zoning changes, and there were some that wanted changes from residential to multifamily, and the first question that I would always ask them is, explain to me how this is fair. You have people that have probably invested the single biggest investment of their life in their property. They were careful where they chose to buy their home. They did their homework, so how is it fair that now, after everybody has bought, everybody has settled, suddenly, a developer comes in and wants to change the whole character of the neighborhood? Location, location, location, right? View lots, view homes. Every time you see that in an ad for real estate, you know that the people who bought those homes paid a premium for that view. Right now, many of those homes have the most spectacular view of Four TOWN OF FOUNTAIN HILLS Page 35 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 35 of 74 Peaks, and last week, it was just incredible with the snow over the peaks. So now, they're going to get up in the morning and they'll look at the sunrise and they're going to look at it over a 30-foot building. How fair is that to them? If you allow this zoning change, you are going to totally change the character of the neighborhood. You are going to decrease these peoples' property value, and of course, like everybody said, you're going to be making it more dangerous. And to deny it is not really hurting the developer. You got a multifamily lot. Let him go and see what he can do with that. I mean, it's already zoned multifamily. We moved here knowing that, that what we used to call the triangle piece is multifamily. What we're asking you to do is don't change the zoning of the single family. Maybe somebody could put a two-story home there. We're willing to take that chance. Leave residential residential. To me, zoning is a promise from the Town. It's a promise when we moved there almost 30 years ago, and we're asking you to please keep the promise. Thank you for your time. JOHN KAVANAGH: That's a tough act to follow. Hello, I'm State Senator John Kavanagh. Thank you for letting me speak to you. Before I begin, I can't tell you how bewildered I was by the applicant stating that they can't figure out why there's opposition from the community because this is a historic downzoning. Putting two 30-foot apartment buildings into an R10 single-family area is not a historic downzoning. It is a historic up-zoning, and one which has the community rightfully upset about. Now, I was first contacted by a representative from the developer in December, and basically saying, I want to give you a heads-up. We're going through this development, right, and frankly, we can have the same number of units regardless of whether we get the other area downzoned or keep it the way it is, but we thought spreading it out would be nice for the community. Well, I speak on behalf of myself, my wife, most of the people in this room, all the people who have signed that petition when I say to the developer, don't do us any favors. Save your money and stick to your apartment lot and leave the residential alone or develop it residentially. I think that's the right thing to do for the community. TOWN OF FOUNTAIN HILLS Page 36 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 36 of 74 The owners of this property already got a great break when we got rid of the hillside ordinance. They got much more development right there, so I think that we're already ahead of the game. They shouldn't double down on density in my opinion. I think Comm. Corey was 100 percent right. I don't think they could get 13 on a single family right. I think former councilwoman Hutchinson was right. I don't think they can get 73 on the current apartment site. I think that we'd get far less, which is probably consistent with the wisdom of the people on the town council and the citizens who had input who put the zoning the way it was, the way it is now. I think that's best for this particular community, so to sum up what a lot of people have said, this is an aesthetic problem. It's a traffic problem. Let me add one other traffic issue here. The carriage houses down the other end of Mountainside, they have a road that opens up onto Mountainside. They have never, never been allowed by town staff to open that road. There's a big gate against it because town staff knows that that is not a road that can take a lot of traffic. It's already at its peak and we shouldn't exacerbate the situation in my opinion. As my wife said, zoning is a sacred contract between the government and the people who make the biggest investment of their life in their property, and they do not want to have a major, massive change. Downzoning, no problem. We'll come here and we'll support the developer, but this type of a massive up-zoning is a violation of the trust that we had in government when we made our biggest investment in our life, and in closing, there are far more than the roughly 190 people who signed the petition online or on paper or here tonight. I know they went around to a lot of houses. People weren't there. We can get plenty more. The community doesn't want this. The developer says he can get the same thing under the current property. Let him do it. Leave us alone. Thank you. WOODWARD: Next three speakers are Gale Evans, Liz Gildersleeve and Karen Frakas. EVANS: Hi. I'm glad I have a minute to speak to you. I live across the street on Palisades and it's that whole frontal section of houses all the way up to the high school. In that particular section, no one can get out of their driveway without threats every single day anymore. When you back out, there's always somebody screaming, honking, flipping you off. More than that, every single day, now. Also the headlights coming TOWN OF FOUNTAIN HILLS Page 37 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 37 of 74 down the motoring side to the stop sign do shine right into the house's bedrooms, one being mine, and so that gets me up earlier than I want to, but that has nothing to do with it. It's a point. It's an invasion, and that's the way I feel, but especially getting out of your own house, coming home from Safeway, in order to get there, you're supposed to, traffic- wise, turn into the left-hand lane first. That's traffic law, but nobody does. They go to the right-hand lane. Then you try to get over to that side to get into your driveway. Then if you slow down, you got somebody right on your rear bumper on a constant. Okay. That's one traffic problem. I was one of the people that went out and got signatures on Windover and that whole community in the back. Only three houses that were not home. The rest of them said no, with one exception, and she says, I don't care. Other than that, every single homeowner back there said no. There's only one way out, so that takes care of Windover. A half a block is Fountain Hills Boulevard. It's impossible already, so what are they going to do with the rest of it? The other one is I used to own a fifth-wheeler truck. The minute I pulled in front of my house to load, I was having trouble with -- they hired somebody that went around looking for people, that you shouldn't do this. I said, I pay my taxes, too. I have 48 hours, but people that are coming in on a rental basis are a different type of people in the sense that they're coming here maybe six months, five months, six months, whatever. Usually are coming in with RVs. When they do that, where are they going to put them? Number one, get it in and get out, and to load, they would be in front of somebody else's unit, obviously, the way they're situated, so that's another minor on that side, but nobody again on Palisades has said yes to anything, because we're having a lot of trouble with that. Also the high school, the kids walk on both sides of the street. A couple the other day went to cross the street from Morningside across the street on Palisades, and I screamed at them. I said, don't go there. They're coming over the top of the hill at 60 miles an hour to get to the stop light, and it's true. I counted 86 cars in one hour going east. Coming off of Morningside, 19 backed up, so that was past Bob's house. TOWN OF FOUNTAIN HILLS Page 38 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 38 of 74 So it's a nightmare just in the traffic, but then you start putting apartment buildings, I'm going to be looking at the backside of one of the buildings, period. That's not what I bought my house for, because I go feed the animals in the wash, number one. So anyway, there's nobody in the -- there's nobody in those apartments that are going to want animals in there, okay, but they are anyway. They talk to me every morning. Okay, but anyway, my issue is the kids at school and the fact that nobody can get out of their own homes. So thank you for your time. GRAY: Thank you. GILDERSLEEVE: Good evening. Before my husband and I bought our home in the Lost Hills subdivision nine years ago, we did our homework. We saw that large lot at the end of our street that we're talking about tonight and wondered what was planned for the property. We checked on the zoning requirements for the town. We were satisfied with the zoning restrictions and then brought our home and remodeled it, improved it, planning to stay many years in our quiet neighborhood. Fast-forward to today. If homeowners can't rely on the zoning restrictions set forth by the town for their neighborhoods, what's the point in having any zoning? I see from the documents shared by Snell & Wilmer, the development states, quote, no vehicular access is proposed off of East Palisades Boulevard, end quote, and I ask, why not? Why not make an entrance there for this development if it were to get proposed? A lot of the concerns with the neighboring community about increased density and, most assuredly, increased traffic would be alleviated if there was an entrance on Palisades as well. Without it, I believe Mountainside at Palisades in particular, which is already a blind turn in both directions, will become a congested death trap, especially during school hours, and ironically, this area supposedly falls into the town's safety zone. Until better solutions for traffic management are proposed, my family is vehemently against the additional density requested, and I ask that you deny the developer's rezoning request. Thank you. FRAKAS: Hi. This is interesting. I think that we have problems way beyond the zoning change in our neighborhood, but if there is more building done, and I assume that even if TOWN OF FOUNTAIN HILLS Page 39 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 39 of 74 the zoning is declined a building permit will be required before any building can take place, I would suggest that because of all of the traffic issues and safety issues -- I'm a walker on that street and I see the problems that have been talked about. I think there should be a three-way stop both at Tumbleweed and Mountainside and at Ponderosa and Mountainside. There may be already at Ponderosa, but at Tumbleweed, there needs to be a three-way stop. I also would propose that speed bumps be installed on Tumbleweed to slow traffic down so as to deter people who are going to be coming from this development from using Tumbleweed. I also think we should have a sidewalk on at least one side of Tumbleweed Drive for safety. I think there should be no parking in the first block on Tumbleweed and Ponderosa going up from Mountainside without a permit, and those can be freely provided by the Town to property owners to use for themselves and for anyone who might be coming to their homes, but that way, you would avoid having people from this complex parking on our streets. And I also think there should be absolutely no parking on either side of Mountainside. I think it should be posted no parking on both sides because of the width and the people. I mean, it's a joke, the stop signs. A woman almost smashed into me in her lovely Mercedes today when I was driving. She didn't even slow down for her stop sign. She just kind of zipped through, and you have to drive defensively 100 percent of the time. I will reiterate what many people have said about Four Peaks Condos not being allowed to drive onto Mountainside and there are good reasons for that. I think that it's a very unsafe situation at many times now because of the speeders. There is, as far as I can tell, no enforcement, even in the -- what's it called? -- the corridor, the security corridor. I mean, when I drive, I enter that and I jokingly say to my husband, oh, I guess I better slow down. There are going to be cops all along here. Nothing. So anyhow, I think we need more ways to slow people down, more ways to get them to stop, and that's what I would like. Thank you. GRAY: Thank you. WOODWARD: The next three speakers in order. Greg Solomon (ph.), Clyde Hurtdig TOWN OF FOUNTAIN HILLS Page 40 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 40 of 74 (ph.), and Frank Kainnath (ph.). SOLOMON: Hi, my name is Greg. Thanks for listening to me today. I live in the Windover neighborhood, and I agree, for a safety zone, we have a serious problem with people coming up and down Palisades at blinding speeds. We have a hard time just pulling off of Windover to go to Safeway. My mother-in-law actually has to turn right, go up the road, over the hill, do a U-turn to come back down so she can avoid getting slammed by somebody going 55, 60 miles an hour over that hill. We oppose the development. We oppose the rezoning, and we really would appreciate people slowing down on Palisades. Thank you. GRAY: Thank you. WOODWARD: Clyde Hurtig. HURTIG: Hi. I live on Tumbleweed and I've been there 13 years now. So there was someone that came from the company and came door to door, and that's I think where they got that map with all the little pegs on it, but I said I was against it, but as far as I could tell, on that map I was for it, so I thought that was interesting. There was also I believe no mention of the rezoning at all. I don't think it was mentioned by anyone at that meeting, but the meeting wasn't really a meeting, either. It was a show- and-tell where they had a number of lovely pictures of the project, and I mean, you know, it does look good. You look at that project. It kind of looks nice, but I don't -- the problem isn't really with the project. The problem, as far as I can tell, as far as from my position, is the traffic as one of the main things. How do you get in and out of that place, and I don't know why it was zoned, what, four, whatever, three. I mean, that's some kind of incorrect zoning. It just shouldn't have been that in the first place, so I don't know what you can do as far as changing zoning and say, you know what, we made a mistake. It really can't be zoned that. It has to be zoned something else. We're going to give you your money back for the property or something. I don't know. Is that possible? Who knows. I don't know, but -- and again, I've heard the other speakers and I agree. I go walking almost every day. I do a lot of walking in the neighborhood. Mountainside is extremely dangerous because of the height of the hills, up and down. TOWN OF FOUNTAIN HILLS Page 41 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 41 of 74 It goes up and down, and really, the people stopping -- and I know there was enforcement, and it sort of works for a while and then it doesn't, and enforcement everywhere is a problem. I'm sure as everyone drives anywhere, no one's following the speed limits, and Mountainside I think is 25, but does anyone do that? I don't know. And then of course, if people were parking on there, that would be dangerous also. And I think that is about it for me. Thank you. GRAY: Thank you. KAINNATH: Hey, guys. I am Frank Kainnath. I'm Greg's neighbor and I'm in the traffic group. Getting out on Windover is a nightmare. I've lived there 12 years and I've seen this situation become worse and worse. When you pull up to the stop sign at Windover and Palisades, you can't see traffic coming at you across Fountain Hills Boulevard. If they've got a -- if they've got a light and they're trying to make the yellow light, they're flying, and like Greg says, his mother-in-law is not the only person that has to turn right to make a left-hand turn. That's getting more and more common now. It's dangerous and somebody's going to get hurt really bad. I can't see that project from my house, so I really -- it's not a problem for me, but the traffic is. Thank you. GRAY: Thank you. WOODWARD: Next three speakers in order. William Ray (ph.), Stephen Arnett (ph.), Lawrence Anderelli (ph.). RAY: Good evening. Thank you for listening to me. I arrived to support being against this operation. I don't live in the area, but I've actually -- when I got notice on the next door thing, my wife showed it to me, I drove around the area. It's a nightmare, folks. You're going to pay for this thing with blood. People are going to die because of this. This is not smart, all right, and I have one thing to thank you guys for. I was part of that little group that was against the log-laying nonsense. Good for you. I applaud you. Thank you all. Have a good night. GRAY: Thank you. ARNETT: Thanks for having me up here. My name is Steven Arnett. I don't have any slides, but I do have this funny hat, so that'll have to do. TOWN OF FOUNTAIN HILLS Page 42 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 42 of 74 There's several things. Number one, I'd like to piggyback -- I don't know if that's the way to express it. I agree with the lady that said have an entrance off of Palisades. I happen to own a condo in Four Peaks. It has one entrance. Obviously, a lot of people come out of there, but it comes out onto a major thoroughfare, and I haven't had any problems. That seems to work. Now, I don't know if that'll work for everybody, but it works for me. It works for a condo at Four Peaks development that has a lot of condos in there. By the way, somebody did mention rentals. There is a difference between rentals and condo owners, okay? As a matter of fact, we bought a condo that's -- I thought was a basement when I saw the ad. I said, wait a minute, that's going downstairs. I'm from the Bronx originally. That's a basement. No, I'm not moving into a basement. But then we went, we looked at it, and my son lives out here, my youngest son, and we wanted to be with the grandchildren, so I came out. Well, let me see it. Does it have a view? Guess what? That basement out the back off that -- I don't know if it's the northwest, south-end piece of the property, but it's towards Mountainside. We have a view. Now, no one has talked about the view from Four Peaks. I'm a little hurt, okay, to be honest with you. Now, I don't know if I'm following. I'm a little slow. Sometimes, I look in the mirror. I'm trying to remember my name, and I'm not sure if I follow this, but I think the developers have a right to do something and that's not going to be denied one way or the other. That's the way I see it. I don't know if that's true. Is that true? Am I following this? They own the property? They can do certain things that are currently zoned? Am I wrong? Okay. So it's how they do it that counts, and I'm going to tell you right now. I lived on Marion Avenue in the Bronx. That was all private houses across the street, which was unusual. Matter of fact, it was one of the only areas, and I remember there was a song and a dance. I was a kid, so what do I know? I'm an old man now. What do I know? But as a kid, they knocked down all those private houses and they put up a big apartment, and they did a nice selling job, and obviously somebody bought the property. They had a right to do what they wanted to do, but I tell you what. It ruined the neighborhood, so you want to be careful how this is done. I've heard no talk about the TOWN OF FOUNTAIN HILLS Page 43 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 43 of 74 actual space from the back of the property down to the wash. I've seen javelinas. Frankly, they scare me. I've seen coyotes. I hang onto my dog because, if the coyotes get my dog, I'm out. I'm number two. The dog is number one with my wife, so I have to be careful, all right, but I love seeing coyotes go through. I love seeing the javelinas go through, and what's the back end? What is the width of that wash? What are you going to preserve? I mean, I see the pictures, and they're right, they look great. I'm not denying it, and they claim that it's three stories all the way around no matter where you're building on the property. Okay. I don't know what you can do about that. The parking sounds a little suspect. The congestion sounds a little suspect, but then again, everybody's touched on that, but take a look at that wash, folks. And by the way, I own that condo. My kids have no inheritance now, and there's a big difference between owners and rentals. You might want to keep that in mind. Thank you. GRAY: Thank you, Mr. Arnett. ANDERELLI: Good evening and thank you for allowing me this time. I also have a silly hat. But I haven't heard anybody really talk about young children and the safety issues. Mountainside, Tumbleweed, Ponderosa, there are a lot of young families on these streets. They walk with their prams and their dogs and their children up and down the streets. To add 160 cars, approximately, to that traffic flow I think is just a recipe for disaster. The other thing that I wanted to just address for thought is that, in Arizona specifically, we've been told that we are suffering from a water shortage, so adding 160 apartments -- or 80 apartments and the requisite water usage by that number of people is something I think that hasn't been addressed or discussed, as well as the power consumption. We are supposedly a dark sky community. I don't know what kind of light pollution this is going to add to the situation, and then I've been a resident on Tumbleweed for 24 years, and I think this is going to drastically change the flavor of the neighborhood and is not going to really add to the image of Fountain Hills as a destination town for any reason. The other thing that I wanted to just kind of bring up as an adjunct is that the church property that's currently zoned R1, I don't believe that's been sold. That's not a part of TOWN OF FOUNTAIN HILLS Page 44 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 44 of 74 this discussion at all, and it seems presumptuous at this point in time to even be considering this kind of a development when the property belongs to a church, and I really do think that that merits some consideration. Thank you for your time. GRAY: Thank you. WOODWARD: Next speakers in order are Brett Hawkins (ph.) and Emmanuel Vazquez (ph.). HAWKINS: Hi. I'm Brett Hawkins. Emmanuel, I believe, is one of my neighbors. When I found that the chart that was popped up there with the little flags on it, at least for at least six of our little community isn't correct, and I'd like you to take a look at that. I wasn't planning on speaking, but when I saw that, I felt compelled to come up here and say it's just not right. You're not being fed the truth in my opinion, so I hope you strike this down and it doesn't happen to our community, and it just would be a very bad thing. That's all I have to say. GRAY: Thank you. STIZZA: Happy New Year to everybody. And this seems to be another project that I wish there was a way to be more proactive as far as the Town is concerned or town staff and so this doesn't come into this long of a discussion. It seems like there's a couple things that haven't been talked about or just briefly are mentioned right now. One of them, there's no look at any sort of sidewalk info in there. If something were to happen with this property, period, that should be in the renderings. I think it's important to have sidewalk info over there because it's just so tight. I drive down there a lot. So the traffic I think goes without saying. It just doesn't seem like the right plan, right? I mean, we're getting more and more dense here, and I think this is going to continue, as we know. With every single aspect, every inch of Fountain Hills, and we have got to start setting precedent. You people don't live here, or do you? I'd love to hear that. I know the lawyer probably doesn't. So that little dog and pony show, I'm just shocked. I could never present something like that to this small town. I mean, it's amazing to me. I mean, it is about money, and it is about our aesthetics, and we've talked about this a lot since I've come TOWN OF FOUNTAIN HILLS Page 45 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 45 of 74 back over the last couple years. The aesthetics of Fountain Hills are being deteriorated. They're being deteriorated in so many ways, and we have got to protect them, so hopefully -- I know there's a lot to take in, and you guys will always make the right decisions, and but there's a lot of details here, and I certainly hope that somehow or another we can do a little bit better city planning, so and I don't know how we'd do that with what's left, because everything seems to be a hodgepodge now. The other thing, the last thing I'm going to say is the -- or one of the other things is the lighting. There's absolutely -- all these renderings never have the lighting in them. I don't care what elevation, the views that the lawyer presented, you're still going to be looking into lights, every one of these people, including all of us. So we've got to do a better -- we've got to do a better job of controlling the lighting here. I mean, there is no shrouds on most of our lights throughout town, so this becomes another one of the issues. And then the last part of it is that I just hope and pray somebody starts to design something with a little bit more aesthetic value than the typical box. This is not a good design. I don't care what anybody says. I mean, we got to have some more aesthetic beauty to this town. We've lost that. It's all homogenized now, so take a look at our new storage facility over by Desert Vista Park, so. And this will be the last thing, is that our parks -- we only have 48 percent of the parks that we need for our population density levels in Fountain Hills. How much did this piece of land -- I don't even know that they own this yet, but how much did this piece of land cost? We have got to start buying some property here as far as the town is concerned. We don't have any -- we don't have any land left, so just something to consider. It is virgin land, so thank you. GRAY: Thank you. WOODWARD: No more speakers. GRAY: You're sure? UNIDENTIFIED SPEAKER: We can all go again. GRAY: All right. WOODWARD: Wait a minute. TOWN OF FOUNTAIN HILLS Page 46 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 46 of 74 GRAY: One more? WOODWARD: Excuse me, Chairman. ROBERTS: Good evening. My name is Alan Roberts (ph.). I live over on Mimosa and El Lago, and some of you may have seen me. I walk my dog, Rufus (ph.), and I walk that area from Mountainside down to Palisades and up Fountain Hills Boulevard back to El Lago. I do that because it's all sidewalk, and sidewalks are at a premium here in Fountain Hills, and I'm just afraid for my safety once we get the additional traffic in that area, so that was one concern. My other concern that the gentleman talked about was the increased water issue. I think we do need to keep a close eye on that. And just my third and final issue was I can't really see, but I love to sit down in my back patio in the evening and listen to the quail call and covey up, and my wife loves the javelina and the coyotes, and even though, well, she doesn't like the snakes too much, but all those animals got to go someplace. I didn't hear -- two things I didn't hear tonight was if they've done an environmental impact study on that, because I'll guarantee, as soon as I'm standing -- sure as I'm standing here with my white cane, I have seen a spotted owl and a leopard frog down at the bottom of that wash. So they need to have an environmental impact study on it, take care of that spotted owl and that leopard frog. Thank you, thank you. GRAY: Should I ask again, Paula? WOODWARD: No more speakers. GRAY: Okay. Last call. Anybody else want to speak this evening? Where is Larry Meyers (ph.)? All right. We will go ahead and close the public comments section of tonight's hearing. Thank you all very much for your time. We do take it seriously and we do like to hear from residents, so I think I counted 19 or 20 here, so we very much appreciate that. Farhad, let's go ahead and bring you back up and we will open the floor to commissioners for any interaction with Farhad and/or the developer. Obviously, we can't go back to the citizen speakers at this point, but feel free to draw on any of the content that was raised TOWN OF FOUNTAIN HILLS Page 47 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 47 of 74 during the public comment hearing. And I just wanted to check. Comm. Dapaah, did you join us, by chance? Okay. All right. Farhad. Commissioner's questions for Farhad? Comm. Dempster. DEMPSTER: Thank you. Farhad, for the residents' understanding, the process of this and purchasing land typically -- and please correct me if I'm wrong -- typically, the developers would come and see if a project is approved prior to solidifying the purchase of the land, so I just wanted to clarify that for those that think it's presumptuous; is that correct? TAVASSOLI: Mr. Chairman, Commissioner, usually, there is some sort of arrangement like that. Of course, things differ on a case-by-case basis, but. DEMPSTER: But commercial is a little bit different versus residential, and okay. Thank you. And has there -- is it a consideration for the developer to do this project just on the R4, three plus a little bit acre that is available, should the change in zoning for the R10 property not be changed? TAVASSOLI: Chairman, Commissioner, I haven't been involved in discussions regarding that, but -- DEMPSTER: Okay. TAVASSOLI: -- I see that the applicant is here. DEMPSTER: Is that a consideration to develop the current acreage that is zoned R4? MAEROWITZ: Chairman Gray, Comm. Dempster, thank you. Yes, as I have mentioned in my presentation, that the very initial thought behind developing this property of course was, well, let's develop this property to the south because it's already zoned R4 and it's allowed for multifamily. And so that's certainly what could be built there. If I could ask, Chairman and commissioners, I know you heard a lot of public comments. If there is just a little bit time, if I could have a rebuttal to some of those comments, would that be okay, and then continue the questions? GRAY: Absolutely. MAEROWITZ: Thank you. I want to quickly go to the site plan, and tonight, you have heard a -- you have heard a lot of comment from the residents here, and each and every TOWN OF FOUNTAIN HILLS Page 48 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 48 of 74 comment that you heard is to oppose a new multifamily project, and I will tell you, they're right. I repeat, they're right, but this is not a new multifamily project. This is not a rezoning proposal for a new multifamily project. The property has already been approved long ago for a multifamily project, and in fact, I can also tell you, if another client came to me and said I want to build a new multifamily project in the Town of Fountain Hills, I can tell you with honesty, I would say no, we're not going to build a new multifamily project, but that's not what this rezoning proposal chooses to do. Essentially, you as a commission, you have a choice. You can either maintain the status quo, which is on that south parcel, 70 multifamily units, which could be developed by right, or you have the option to recommend approval of our rezoning request, which results in our development proposal, and that does a number of things. I want to remind you again. It reduces traffic. You heard a lot of comments about traffic. It is less traffic than what you could build today on that property. It also increases -- it better spreads out the traffic on Mountainside Drive. I had mentioned earlier that if you're only building that south parcel -- that's R4, which again, is approved long ago, you would just have that one driveway. And so all your traffic in and out Mountainside Drive would just be on that one driveway that you see there. This allows for two driveways to better spread it out. You heard a lot about preserving open space and making sure that we're protecting the natural environment. This does that far better than developing that property with 70 units. You can see and I can tell you, I have not seen a site plan like this that has that much open space. There is so much of that site that is not being touched. That is a very unique thing and I think one that is certainly reflective of the high-quality character of the types of developments that we want here in Fountain Hills. But more importantly, the developer has addressed each and every one of the concerns that you heard, and I'm not sure if I can ask Farhad to do this, but you may remember from Farhad's presentation that he had listed on his slide exactly what the citizen concerns were, which -- prior to coming to this hearing. And Farhad, would you mind if you could put that up quickly? Thank you, Farhad. So all the current concerns that you heard today, almost all of them are summarized on TOWN OF FOUNTAIN HILLS Page 49 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 49 of 74 this slide, and I want to say how these have been addressed with this development proposal. The first is increased traffic. We had a traffic study prepared that compared the traffic that you could build on this property today that's already been approved versus what our rezoning proposal allows, and we are 90 less vehicle trips a day than what you could build, so the concerns about traffic are less with this rezoning proposal, and that's because it results in a downzone of half the property that allows less units to be built on the property. The next is visual impacts to the homes. Again, if you were to build just that south parcel with 70 units, you'd have to place -- it's a smaller property. You'd have to place your buildings closer to Mountainside Drive, which means the height of the buildings would be taller when viewed from that neighborhood. We're able to, quite uniquely, bring the buildings further down the hill because of this proposal because we've doubled the size of the property, so we had the space to do that. The next is a drainage impact of Sunflower Wash, and you saw from that slide, and what I said is so unique, we're not touching the wash at all. You certainly can. I've been part of a lot of projects where you can channelize the wash and to reduce its limits, and that's how you increase your buildable area. We're not doing that here. We're completely leaving it untouched and that's because we're doubling the size and only adding ten units. The next one there is loss of open space. Our open space percentage is 61 percent, well over half of the site area. That is an incredibly high amount of open space, and we're able to do that, again, because of the way -- what we're proposing with this rezoning proposal. And then the very last one there is loss in property values, and I can tell you, and I'm not saying anything that's new, but the property values -- the concern is uncertainty, and right now, that property so the south is zoned R4 and can be developed with a variety of different things, with 70 units where you have no control -- you don't get to see how the development will be built. You get to see exactly what we're proposing here and it's a far better designed development because of this downzoning proposal. There are two concerns that we heard that are not listed on that screen, so I want to quickly address those, and this will just take just a second, and that's parking on Mountainside Drive. And I can say, as on behalf of the developer, we would absolutely TOWN OF FOUNTAIN HILLS Page 50 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 50 of 74 be committed to installing no-parking signs on Mountainside Drive, which I think could be a very good solution to that problem. That of course requires coordination with -- you'd need to have approval or a buy-in from the neighbors that also live on that street, but we, as neighbors of developing that property and owning that property, would be more than happy to work with the neighbors on no-parking signs, there. Again, just representative of the developer's commitment doing just about everything to make this a well-designed project, and it's not a new multifamily project, and so with that, again, we do respectfully request your approval of this rezoning request, and I'm happy to answer questions. GRAY: Comm. Watts? WATTS: Farhad, a question for you. Do you know what the -- theoretically, the R1-10 plot, the 3.1 acres down there, considering setbacks, easements, roads, and the respective easements and setbacks on each of the properties, do you think it's possible to get 13 residences in that area? TAVASSOLI: Mr. Chairman, Commissioner, given all the encumbrances on that property with the easements, with the topography, I think it would be an uphill battle to get all those conditions to work in order to accommodate 13 -- WATTS: Okay. TAVASSOLI: -- dwellings on that. WATTS: Second question is do you know what the easement or setback is on the kind of the east side of that entire property? Both parcels, the R4 and the R1-10, right? TAVASSOLI: Let me -- WATTS: And what I'm getting at is how far down the hill -- if we could come to some agreement with a developer, how far down the hill could we push that property and still make it plausible? If I pushed it down far enough, then that little guy standing at the finish floor height looking over top may not be as intrusive. GRAY: His name was Joe. WATTS: Joe? Oh, that's right; it was Joe. Sorry, Joe. Thank you. TAVASSOLI: So Mr. Chairman, Commissioner, I was hoping that this rendering might TOWN OF FOUNTAIN HILLS Page 51 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 51 of 74 have some indication of how wide those easements are, but I do see that the existing detention basin labeled there, and that -- especially the portion on the lower right there that would be the northeast part, that is certainly -- from what I remember, after looking at the Alta (ph.) survey that was done a number of years ago, that is certainly within the easement, and the easement actually may be even larger than what the detention basin is showing, there. WATTS: When I looked at the top of it, it looked like you could push it as much as 50 feet further to the east, and if you did that, the incline would then reduce the height, effectively, for Mountainside probably by ten to 15 feet. That would be additional fall, so that's what it looks to me. Would it be in that realm, anyway? TAVASSOLI: Based on the scale, yeah, that may be. WATTS: Somewhere close to that? TAVASSOLI: It's approximately, yeah. WATTS: Okay. And as far as signage for no parking, I think that's a moot point because, if they don't pay attention to stop signs, they're certainly not going to pay attention to no parking. Thank you. TAVASSOLI: Sure. GRAY: So are you proposing flipping? Are you proposing to push it or are you proposing to push it and flip parking -- so flip parking back towards Mountainside? WATTS: I think you could do either/or. I think you could either push it down the hill as much as practical. There's obviously -- one of the questions I asked before was it's an issue of cost, so pushing it further down the hill but effectively even flipping it and putting the parking up higher mitigates some of that height issue that seems to be a concern. GRAY: Farhad, can I ask -- Oh, sorry. Comm. Watts, were you finished, sir? WATTS: Yep. GRAY: Can I ask, was there any exploration done with the church property, the adjacent property there with their commercial access off of Palisades? I realize you're talking about introducing a bridge or some sort of pretty extensive civil engineering to get there, but was there any exploration of a way to pull that traffic to that existing point of entry? TOWN OF FOUNTAIN HILLS Page 52 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 52 of 74 TAVASSOLI: Mr. Chairman, I'm sure the applicant has looked into that and concluded that that would be a challenge. GRAY: Has that been explored? TAVASSOLI: But this town hasn't explored any -- GRAY: Okay. MAEROWITZ: Chairman Gray, vice chair commissioners, thank you. Yes, we have looked into that, and in fact, I mean, part of the presentation was how much is it that we can lower the height of the building compared to what you could otherwise do. That said, we are more than happy -- we think these are great comments about -- this developer's very much committed to designing the best possible development that respects all these concerns, so we would be more than happy to work with staff on the best way that we can lower the heights of the building by moving them further east. Now, it's more challenging than it looks, of course, because it's a slope and there's sometimes restrictions exactly where you can put the building when you have these topography constraints, but we would be more than happy to put our experts together and work with staff experts so that we can move the buildings as far down as possible to respect that concern. That's always been the design intent of this project. GRAY: So I did not appreciate until tonight, and I drove up to the property. I saw traffic. I almost blew through the stop sign. I parked on the sidewalk and I walked around, so I'm an offender on all fronts, essentially. Apparently, I was one of many. How open are you to getting this traffic? I mean, obviously, you're going to have to probably maintain a fire access off of Mountainside, et cetera, but how open are you to doing some more exploration in getting the traffic and the point of ingress/egress for residents off of Mountainside? MAEROWITZ: Chairman Gray, thank you. Great question. We are very willing to work on that, and I think if you as a commission were so willing to include in your recommendation that it requires a developer to work with staff on traffic solutions along Mountainside Drive, including no parking signs, or if there's way to change the drive aisles that match up in a different way that might better address those issues, we'd be more than happy to do that. Again, it's a question of here -- we're not proposing a new case. The property's already TOWN OF FOUNTAIN HILLS Page 53 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 53 of 74 zoned for multifamily. The question is just what makes the most sense, and you have a developer in a group that's very committed to work on that, and so absolutely, we'd be more than happy to work on that. GRAY: I appreciate that. And then one more while you're still -- so I don't make you get up again. I suppose you can't answer this outright, but thoughts/reservations regarding some sort of public trail access through the native area? And I don't know what that would even begin to look like or the legalities of something like that, but it seems like there's an awful lot of folks who do enjoy that wash, and maybe retaining something like that or exploring something like that may or may not be warranted. MAEROWITZ: Chairman Gray, Commissioners, thank you. Yeah, so as you can see, all that area in white there is -- that we're completely leaving that undisturbed, and a portion of that is the wash, and a nice feature of a wash, if you can activate that and make that a public use, we think that's great. Now, there are of course going to be legal challenges, and that's part of my job to figure out, and so there are existing easements there, and we would have to make that work and dedicate a public easement, but again, the intent here is a group that wants to hear what the community wants, and I know you're hearing some rumbling, so not everyone's going to be supportive of that, but if there is buy-in to have a public trail there, we're certainly more than willing to make that a feature for the community. GRAY: Comm. Schlossberg? SCHLOSSBERG: Yes, sir. Question, just so I understand clearly. The intent of the developer, assuming we don't recommend to improve, they are still going to attempt to develop the other -- and I'm not saying you're using this as leverage or a threat, but they're going to develop that other parcel with the 73 units with the 30-foot height? MAEROWITZ: Chairman Gray, Vice Chair, thank you. I would certainly never want to make a threat, and I can't speak with absolute certainty what this developer would do. I will tell you that it is not the brand of this developer to build a project that's not well designed. They have a brand to uphold and received a number of awards for their development projects, and so I can't tell you that they would want to build the project that brings the buildings up to the top of Mountainside Drive, doesn't have as much open space, is TOWN OF FOUNTAIN HILLS Page 54 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 54 of 74 increasing the height and those sort of things, but I only say that it could be. It's permitted. It's been approved to do all those things. SCHLOSSBERG: Okay, thank you. GRAY: Comm. Corey, anything? No? Comm. Dempster? Comm. Kovacevic? Comm. Watts? Okay. I think we're all in with questions to staff and to the developer. Before we get into motions of any kind here, I'm just going to kind of outlay my general thoughts and kind of where my head's at with this. I really do like the development overall. I don't think it's a bad development. I generally think the elevations are supportive. I think they work well with the topography. I don't think anyone likes to see native land developed. We have this come up all of the time, but I do think that this is generally tastefully done. I would like to see Comm. Watts' exploratory comment further extrapolated in trying to push the massing down the hill a bit further. I don't know if that means inverting the parking. I realize that may not be acceptable to some either, but it would certainly reduce the massing off of Mountainside Drive and above. I have some pretty major reservations -- more so tonight, and this is what public comment is really great for -- with the traffic impact to Mountainside, given all of the other interesting findings and nuances of Mountainside and its use. I really struggle, looking at the proposed conceptual grading plan, looking at the throats of those two access points being six-plus percent grade on the southern and five percent grade on the northern access. To me, that means you're getting up -- you're getting up some steam coming up the hill, and by the time you hit that curb line, you're not that interested in stopping, either, and if Mountainside is what Mountainside has been declared tonight, that's setting the table for something. So I'm very much in favor of exploring getting that access for the development off of Palisades. I'm not necessarily proposing a new access. I think there's a really nice commercial access there with the church existing, and given that's a common ownership at the moment, maybe that's something that could be worked through. TOWN OF FOUNTAIN HILLS Page 55 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 55 of 74 I think obviously, there's a number of takeaways for town staff and the Town in general, but it doesn't sound like those have gone that far in several years, so I think we really do have to zero in on this development in particular. So Commissioners, any other thoughts or would anybody like to make a motion? COREY: I just have one more comment, Chair. GRAY: Comm. Corey. COREY: So Palisades from Fountain Hills Boulevard all the way through to Shea is all residential, so I do respect what people said today around that the zoning is a promise and it's what the residents expected. I see a lot of the residential homes around that area. I think we've heard from a lot of people. I think we did have 19 that were speaking to this, and I would feel more strongly that we keep the zone the way it is because that is the initial plan, and let the developer try to get creative with what they do have to use that as it was planned. Because I think that if we start to approve little projects like this, then who knows how many more there will be. GRAY: So let's play devil's advocate to that for a second. If that stays the course, then the southern property stays R4, and if that R4 gets developed, all of that impact hits Mountainside. There's no relief to that, so that's the tradeoff here by combining those lots, in my opinion. That it gives you the opportunity to get that ingress/egress off of Palisades and decant all of that off of Mountainside. I think that that's really something that needs to be thought through. So Commissioners, any other thoughts or a potential motion? WATTS: Isn't that assuming, though, that you'd be able to get 73 units on that property? And so I think if you're going to play devil's advocate, I don't believe you can get 13 on the R1-10, and I think you're hard pressed to get the same quality of product, and I do commend the developer for the quality. That's a given, but you will have to downgrade the quality in order to get that number of units on that property to make it economical, so I think it's a push and take here. GRAY: And while you may not get 70, you can get something there. WATTS: You may get 60. GRAY: And 60 goes through without us ever taking a look at it. WATTS: Still haven't addressed the issue of the traffic on Mountainside at Ponderosa TOWN OF FOUNTAIN HILLS Page 56 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 56 of 74 and the speeders up and down the hill and everything else, so something has to be done, whether the developer does it or whether the city does it -- the Town does it, to manage traffic on that street. That to me is one of the overriding problems with this project. GRAY: Motion? If I make a motion, I'm going to make a continuance motion. WATTS: Well, then, I'll move to deny the proposal as submitted with the caveat that the recommendations that we have suggested be taken into consideration, and if you can flip it, if you can move it down the hill. If you can do those sort of things to mitigate some of those issues, and then the Town still has to address the issue of traffic. That's a major issue, so those two things have to be considered. GRAY: So with that motion, with the motion to deny, the case would proceed to town council and would not revert back through this body. WATTS: Okay. GRAY: A motion to continue would allow us to take a look at any proposed modifications, so I just want to be careful, if we're going to make a recommendation to deny, that it's an outright recommendation to deny, not a denial with stipulation unless we're okay with not seeing it back through this body. WATTS: Then I would change the motion to continue with the -- to consider the modifications. GRAY: And the stipulations associated with that? WATTS: Primarily, moving the project in totality further down the hill to the southeast. GRAY: And I would add that the ingress/egress has to come off of Palisades. WATTS: Agreed, yeah. KOVACEVIC: Would there be any ingress and egress on Mountainside? GRAY: I'd say fire lane access only, a gated access, Knox box access. KOVACEVIC: Okay, and I would -- even that access, I would think it belongs directly across from one of the streets. GRAY: Agreed. COREY: I think that if we do open it up though to those two lots, then there's a lot more wiggle room for it to be more populated, and I think if we keep it into that one plot, I mean, it's going to be hard to get more buildings in there, so it's going to be less dense. I just think that if we give the opportunity to expand this, then it's going to be -- we won't TOWN OF FOUNTAIN HILLS Page 57 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 57 of 74 be able to control it so much. GRAY: You're at 61 percent open space with this. I am the last person who ever wants to see zoning changes, but I really don't have a problem with that particular component in this case. WATTS: But that's across both properties. GRAY: Across both? WATTS: Both parcels, so do we know what the open space is on each of the parcels, because if it's 30 percent on the one and 70 percent on the other -- GRAY: Is that answerable? MAEROWITZ: Chairman Gray, Comm. Watts, yes, and we have looked at that. In fact, Farhad, could I -- if you pull up my presentation so I can show the open space percentage. But I will tell you the open space on the southern parcel with this proposal is 55 percent, and you can see just because of how much is not being touched. And then we get the additional 61. It's actually very close to 62, including the whole, and actually, because I'm up here, I did just speak to my client, and in response to the question of what would they build, the 70 units on the south parcel, and the answer is -- I don't want to be committal. The answer is yes, and this is actually the site plan that was prepared for what that would look like, the development on the south parcel. It's three units with 70 units, and you can see that, in order to make it work, all of the buildings have to be parallel to -- not all of them -- the two that are up there, parallel to Mountainside Drive. This is a development that moves forward without any consideration by the council, and all of the concerns that were heard are far worse in this, and it is just a reality of the situation. We think that this is a much better development, that this rezoning proposal that's a downzone of that property results in a much better project that addresses these concerns, but this is the alternative, and so thank you. GRAY: Commissioners, I'm going to make a motion to adjourn to executive session in parallel with a ten-minute recess to speak with staff to make sure we have our -- We can't do that? WOODWARD: Chairman Gray, in all due respect, I believe it needs to be agenda-ized, the executive session, whether you do it before or after or during. TOWN OF FOUNTAIN HILLS Page 58 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 58 of 74 GRAY: Okay. John's fervently reading. WATTS: Chairman Gray, did I understand that the developer said they would consider the recommendations, is that correct, moving it down the hill in access onto Palisades? MAEROWITZ: Chairman Gray, Comm. Watts, yes, absolutely. If the recommendation to approve the rezoning request included that, that we require that the developer work with staff to address those concerns, we are more than happy to do that and will continue to do so. WATTS: Thank you. GRAY: About how much time would you need to do that? MAEROWITZ: If we could have 30 days to work with staff on addressing the solutions and coming up with a better proposal, we can certainly do that. Thank you. WESLEY: So Mr. Chairman, I don't see any provision on our agenda for a recess into an executive session, plus not having an attorney here, I just don't think that would be appropriate to do. GRAY: You don't have a side job? WESLEY: No. I try sometimes, but that didn't work. GRAY: All right. I'll keep us out of trouble. Let's do it here. Comm. Watts, you've got the standing motion on the table. Could you reclarify the terms of that motion, and then we'll look for a second? WATTS: Yeah, I'm going to withdraw the original to deny, and I'll submit for a continuation to give the applicant an opportunity to consider the changes that we recommended, moving the project down the hill, and also providing access onto Palisades. WESLEY: Mr. Chair, that would be continuous to the March meeting to give us time to work through any modifications. WATTS: Well, they only need 30 days. You need to -- thank you. March. GRAY: Commissioners, do I have a second? DEMPSTER: I'll second. GRAY: Paula, roll call vote, please. WOODWARD: Comm. Corey? COREY: No. TOWN OF FOUNTAIN HILLS Page 59 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 59 of 74 WOODWARD: Comm. Dempster? DEMPSTER: Aye. WOODWARD: Comm. Kovacevic? KOVACEVIC: Aye. WOODWARD: Comm. Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Aye. WOODWARD: Chairman Gray? GRAY: Aye. WOODWARD: Five-one. GRAY: Thank you, Paula. Okay. WATTS: Now can we have the five-minute recess? GRAY: Yeah. Let's go ahead and take a ten-minute recess. We'll reconvene for agenda item 6 at 8:40 p.m. Thank you. [Recess from 8:30 p.m. until 8:48 p.m.] GRAY: We'll go ahead and call the meeting back to order, and we will resume with agenda item 6, consideration and possible action on Ordinance 2301, detoxification facilities. Mr. Wesley? WESLEY: Chairman and commissioners, good evening. So I'll try to move through this fairly quickly, but slow me down if I get going too fast. We've been talking about this for several months, now. We've had a draft ordinance that's been out and available for public review and comment. We've been receiving that over the last few months. We held our first actual official public hearing at your December meeting and felt at that time we were fairly close to making a recommendation, but we identified a few items that we decided would be better if staff went ahead and made those changes and brought it back for your review to make sure you're getting it right before you make any recommendations, so that's what we're about this evening. And so what I've got over these next few slides are the actual changes that I took from TOWN OF FOUNTAIN HILLS Page 60 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 60 of 74 you and made to the ordinance. The first one, just to make things flow, is really just kind of a format change here to move the word "provide" where it was located in those particular sentences. The main changes start here with number 4. You wanted to add the insurance provision again, and so this is I think pretty much the same as one the Commission considered with regard to the several living homes in terms of the amounts and wording. Any questions on that one, comments? Is that what you were looking for? Okay. The second one had to do with the smoking provision that was in there to strengthen that just a little bit more and add the piece about the vaping and the e- cigarettes, so again, hopefully that captured what the Commission was looking for. The next one, probably the most challenging one, was the one about the market data and how that should be worded, and so I changed that -- I think strengthened it to what we're looking for in terms of actually document through the market analysis by a credentialed professional, the need for the service on an ongoing basis to meet the needs of Fountain Hills residents, and then to take into account anything that currently existed as a part of that market study. Did that capture what you were looking for with this one? GRAY: Yes, with the slight enhancement of -- I was just trying to -- my computer died here, so I'm missing my notes, but I would like to see the study or the data rooted in the current Fountain Hills census data, and then also SAMHSA, Substance Abuse and Mental Health Services Administration, which is a department under Health and Human Services and the federal government, publishes statistical data at large across substance abuse categories. And as a very reliable and current data set, they have -- at least in the current publication, which is the 2021 version, they have table 5.4(a), which is entitled drug use disorder, alcohol use disorder, and substance use disorder in the past calendar year, and then it's broken down by demographic -- a bunch of different demographic data, but predominantly age range, and it goes all the way down to age 12 and all the way up to -- all the way up to 65 and older. So I think we could very easily find our market need as a Fountain Hills community or Fountain Hills population, you know, based off of that table, 5.4, normalized to the TOWN OF FOUNTAIN HILLS Page 61 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 61 of 74 census data. I think that's a very just clear-cut way to do that math. WESLEY: And so Chairman, are you wanting this language to be worded to require -- and by doing a market study to reference that, or is that just something for staff to have -- GRAY: So I could -- WESLEY: -- knowledge of to use as we would evaluate somebody's market study? How are you -- do you think that should be used? GRAY: I think it's such easy math. I think it could go either way. I think we could either, you know, as staff, say, you know, here's what the need is based on these two publications for Fountain Hills and that's what we're measuring the certificate, quote/unquote, against; or we could push that to the applicant, but for no more difficult than the math is on that, it could just be administrative. But I guess the salient point is I would want to root our -- I would want to root the data or I would want to root the study or the certificate request in a trusted data set, and I think those two are both federal government initiated and overseen, so I think there's a lot of value in that. WESLEY: Okay. So you'd like me to insert again some language in here that says to use this data or an equivalent, because things may change over time. GRAY: Yeah, and I think it may not always be table 5.4(a), right? There's dozens and dozens of tables in here depending on how you want to look at the data, but I think based on the 2021 report, that is a directly -- you can draw a direct correlation or a direct line between a census line and this data. And if you wanted to drill down further and somebody wanted to come in and say, hey, you know, we want to build a specialist center that focuses only on opioids, great. You can dial in further with using that HS Health and Human Services data set, so. WESLEY: Thank you for sending me that information earlier this afternoon. I had a chance to look at it briefly, and based on the census population numbers that I also looked at quickly, and one of those tables that would look like that we would expect to have someplace in the neighborhood of 200 citizens at any given time of Fountain Hills currently in some form of drug and alcohol treatment, and approximately 1,800 to 2,000 for need of that type of service or they recognize it or are wanting to do it or not, so it was useful to look at. TOWN OF FOUNTAIN HILLS Page 62 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 62 of 74 GRAY: Okay. WESLEY: Okay. So I will work on adjustments language just a little bit just to make reference to those as data that would be looked at as part of that process. GRAY: Okay. I appreciate that. WESLEY: And then number 7, the clarification that was brought up by measuring the distance from nearest property line to nearest property line, and those were the changes that I understood from the last meeting that the Commission was wanting to see. Let me know if there's anything else. Otherwise, staff is supportive of moving this forward to the town council. GRAY: Commissioners, questions for John? Comm. Watts? WATTS: Just a quick question about -- similar to the smoking ordinance, we don't have anything in there about loitering in the general area or transportation to and from, so how somebody gets here -- Uber out here or a lift is a challenge, getting a ride, so if somebody gets here -- should the facility -- I guess is my question. Should the facility provide some sort of transportation and monitor loitering in that immediate area, and I don't want you to rewrite the whole thing. I just want to know if there's an easy way to incorporate who's responsible for getting patients there and out again without loitering in the area? WESLEY: Comm. Watts, we do have the one provision here about the in-door waiting, trying to handle it from that perspective. The other aspect of that is that each of these will be handled through a special use permit. A special use permit will require them to submit their good neighbor policy or what we end up calling a good neighbor statement, and I think that's where that can be handled on the individual basis, looking at the particular situation where they're at and what service they're providing and see how they're going to handle that type of issue. WATTS: Good, thank you. One last comment, and this goes back to town council meeting last week, but there were lots of comments about all the work that planning and zoning did, and I just want to thank you and your staff for all the patience you've had with all of us trying to get this done, so thank you. WESLEY: And I appreciate all the work that you all do. Thank you. TOWN OF FOUNTAIN HILLS Page 63 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 63 of 74 COREY: Just to refresh my memory, if those are special use permit, does that come back to us at that point? GRAY: Yes. COREY: Okay, thank you. GRAY: Paula, do we have speaker cards? WOODWARD: Yes, Chairman. The first speaker -- or the speakers in order. Crystal Cavanaugh (ph.), Jim Sawicki (ph.), and Karen Frakas (ph.). CRYSTAL CAVANAUGH: I'll be brief tonight. Good evening, Chairman and Commission. I of course don't really even see the need for a detox center in Fountain Hills because I do think it has to be based on need, and I don't see Fountain Hills having enough people who'd want to partake in -- I don't know if we're just talking about outpatient now or inpatient detox services, but definitely inpatient would have to come from mostly outside the area. And the reasoning for bringing in people from outside the area is to possibly feed our existing or potential sober houses coming into the area, so I'm opposed to creating problems in a small town that I don't think can handle the negativity that detox units bring to a small community. I think a larger community can absorb some of those things, but we're very small, and I missed what John said. I don't know if he corrected the amount, but I know at another meeting when he was talking about 2,000 people could use the services, I don't deny there is addiction problems in Fountain Hills, but do they rise to the level of a detox facility? So I'm in support of very tight ordinance to protect our community, and that involves tight distances and basically have to show a need for it, so that's really all I have today, and also just we have to be aware of our surroundings and where that would go in Fountain Hills that wouldn't impact businesses, church, schools, daycares, nursing homes, and residential areas. Thanks. GRAY: Thank you, Ms. Cavanaugh. SAWICKI: Hello. My name is Jim Sawicki. Thank you for providing me with the ability to speak with you tonight. I'm just trying to get caught up to speed with all this stuff that's been going on because we've been out of the country for a while, but I do have TOWN OF FOUNTAIN HILLS Page 64 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 64 of 74 a couple of questions for you, and that is what is the benefit? What is the benefit of us providing these facilities here in Fountain Hills? Because I think we all know that it's wide open for anybody from outside of our community to come in and use these facilities. I don't know that there is a system in place where, in fact, our city can regulate the success of the programs, so we don't know -- apparently when the program's completed, they're designated as being off drugs or being off alcohol or whatever, but as I mentioned last week, it could be until they get to the liquor store or until they get their next fix, because I don't know that we have any system in place to really verify the success of these detox systems. I may be wrong, but that's my opinion at this point, and I think that definitely needs to be clarified to the community. What is the benefit of us having this here now in a small community like Fountain Hills, when as we know or strongly surmise that the majority of all the people using those facilities will be from outside of our town? And for those that leave the facility, how many of them are going to stay here? Are we going to wind up having them finding places downtown. You know, the community I was originally -- raised my family and has major problems with this, and it's literally destroyed the downtown area, and I'm talking about the City of Nanaimo British Columbia. Victoria and British Columbia has got the same problems, and many cities here in the U.S. Why are we opening the door and inviting this to come back here into our small community, which until now, we feel comfort and safety here? The aesthetics of the city is great, and I guess, as a concerned citizen, I'm just wondering whether the people, the public are really totally aware of what you've -- of the process that we're in now to get these facilities going. Is there a way that we can inform the people and bring it to a vote? Let the people decide whether they really want to have these types of facilities within the community, because I think it's way too soon for us to do it, especially if the state is doing the regulation and they don't have the people to do the regulation, then we're not allowed to, you know, so I thank you very much for your time. GRAY: Thank you. FRAKAS: I actually came for the first discussion, but I was intrigued by this one, and it TOWN OF FOUNTAIN HILLS Page 65 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 65 of 74 sounds like it's a nimby problem. The people are saying, not in my backyard, the people who are opposed to it. I think that the more facilities that can be provided for people in need of detoxification, who want to have that service, the more facilities that are available, the better all of society is. That's my opinion, and if you have 2,000 was just said in Fountain Hills, well, that's 2,000 people who you can help, and help keep them from killing themselves or hurting other people, either in their family or in the community, so I think this is a great thing that there's going to be a detox center, so that's all. GRAY: Thank you. WOODWARD: We have a few more speakers. I'm not sure if there is a -- looks like an (indiscernible). Mr. Scholtz (ph.)? No? Okay. Brett Hawkins? HAWKINS: Hi. I'm Brett Hawkins. I live here of course in Fountain Hills. I'm a former principal of two special ed schools. Many of the kids that we dealt with were on drugs, alcohol, wards of the court. Very dangerous kids, violent kids, and I'm in the opinion that if we build it, they'll come, and they'll come in droves. So I'm already starting to see homeless people in Fountain Hills. I'm a native of Arizona. I've lived in Scottsdale most of my life, Paradise Valley, and from that time back when I was in high school, I always told myself, someday, I'm going to live in Fountain Hills because it's a small town. It's got certain characteristics that are essential, as far as what I'm concerned. The big cities, for me, are full of drugs. They're full of alcohol. They're full of problems, and this is not the place for it. Absolutely not the place for it, and I'm coming from a situation of dealing with people who were dealing with these issues, and I do strongly believe you set it up, they're going to come, and they're going to stay, and that's not what I came for. So as representatives of the people, I hope that you deny this. That's all I have to say. GRAY: Thank you. WOODWARD: No more speakers, but there was one written. They say that they're against agenda item number 6. GRAY: Larry, are you feeling okay? You're not sure? TOWN OF FOUNTAIN HILLS Page 66 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 66 of 74 LARRY: Have I not said everything there is to say on this particular industry? GRAY: Sir, did you want to speak? HOLLANDER: Is there room for clarification? GRAY: Yeah. We'll have you come up to the podium since we've got the video going and we'll fill out a speaker card here afterwards. HOLLANDER: Hi. My name's Alvin Hollander (ph.) and I'm new to this area. Moved in in March, but I'm asking, if we open the door -- and from what I hear, there's only one. You're proposing to establish a center. Are you saying that every homeowner has the right to then declare their own property as they did for care centers? I lived in Peoria for 17 years and we had a resident buy one of the other houses and declare it as a care center and open it, and we had no rights to challenge it because it's a state mandate. Are we going to open the door the same way here for drug rehab centers because somebody says I can make more money if I convert my house? And that's the only clarification -- that's really only what I had in terms of clarification. GRAY: Sure. Thank you. It looks like Larry does want to speak, and then we'll do a little bit of clarifying what we're up to, here. LARRY MEYERS: Commissioner, Chair, Vice Chair. I didn't want to speak, but it seems like you'll have a bad night if I don't. GRAY: We're just so used to it, Larry. LARRY MEYERS: Yes. So I keep hearing this 2,000 number, so I'm not sure where that number's coming from. I'd be shocked if there were 2,000 people from Fountain Hills on an ongoing -- very important word -- ongoing basis, needing a detox, commercial detox facility, which is to go through withdrawal. We're not talking about the OTC houses that are in town which are misnamed sober homes, so that number keeps popping up. I don't know where it's coming from. I would like to make sure that that's not a number that is in the thought process of this. I like the certificate of need based on demographics and National Institute of Health. I think that's the NIH; is that the booklet that you referred to? GRAY: Oh, you mean services. LARRY MEYERS: Yes. I think that that would prove my suspicions that the number 2,000 is not a number that applies to Fountain Hills, and realizing of course that you TOWN OF FOUNTAIN HILLS Page 67 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 67 of 74 cannot ban a use. It is not -- it's not possible. It's sort of, like, the R4 zoning in the last case. You can do what you can do, and so I've read this. It looks pretty reasonable to me, provided we follow through with all of the things that are in this ordinance. It looks like it's restricted to a pretty limited location. It keeps it away from houses, keeps it away from churches, keeps it away from parks, kids, schools, daycares, all of the people you would want troubled folks to stay away from, so for me, if I were king, I would say, it's not going to be here, but I'm not. So this looks pretty good and I would hope that you guys move this forward to the council for final approval. Thanks. GRAY: Thanks, Larry. WOODWARD: Chairman Gray, Mr. Sawicki asked if he could come to the podium again. GRAY: Sure. SAWICKI: Thank you very much. I mentioned that I raised my family in Nanaimo, British Columbia, but I do want to let you know that I am an American citizen and we've been living here for 26 years, so we're very, very in love with this community, and that's why I'm here. Just some quick questions and then I'll be done. Does the community -- does that community receive any funding from the federal or state governments for building these -- providing these facilities; is there any benefit to us? Have you met with any of the police departments, say, in Scottsdale, Tempe, Mesa, to get specific feedback from them as to what they have to deal with related to the accommodations and facilities of this nature? I know I have spent some time with a few police officers in Scottsdale, and the gist that I got from them is extremely problematic and really not totally under control. They don't have enough manpower to manage the issues that come as a result of these houses that they have in those cities. Are there any Fountain Hills residents that are presently in any of the rehab homes that are located in the town now or are they all from out of town; and number two, I guess do you have -- do we have any control? I understand that the state is involved in the administration and regulation and monitoring of these facilities. Do we have any control TOWN OF FOUNTAIN HILLS Page 68 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 68 of 74 over it as well? Are we going to rely on the state to do what needs to be done in our community or can we take control of that situation; is there a way that we can take control over the policing and the monitoring of those facilities as we do other commercial establishments in town? As I mentioned, have you given any consideration to putting the rehab center issue to public vote? I believe there's a lot of people in the community right now that are really not totally informed, and is there a clear, simple way that we can put the information out, the pros and cons to them so they can take it at a vote, and you can -- for proper feedback, because I think this is an issue that's huge, and I'm not sure whether it's appropriate to go through the normal city council to make a determination on an issue as important as this. It deserves a vote. GRAY: Just a couple more seconds, Mr. Sawicki. SAWICKI: One more minute. GRAY: Seconds, minutes. SAWICKI: And do we have any specific processes in place to monitor and control the facility ourselves from the community? That's it. Now, thank you so much for allowing me to come back a second time. It's most appreciated. GRAY: That's dual citizenship. We allow that. SAWICKI: That happened in May and it felt wonderful. Thank you. GRAY: Okay. So unfortunately, we had a couple people take off here during the public comment session, but we'll go ahead and formally close public comment, and then just some clarifications. This has been a long, long running -- What have we been at this, John, for a year and a half now, thereabouts? We started out actually in response to an inquiry to open a center a year and a half ago, and the Commission determined that at that time, that we would take on the sober living home agenda item first, run that all the way through -- to fruition through the town council, and then we circled back here with the commercial side of the detoxification industry. So what we're deliberating here and potentially making a recommendation on here this evening with agenda item 6 and ordinance 2301 is the first text within the zoning law that TOWN OF FOUNTAIN HILLS Page 69 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 69 of 74 actually aims to regulate where these facilities can go, what size they can be placed at or built at, et cetera. Our zoning ordinances today do not have any provisions for these centers. Therefore, they're essentially, by right, allowed almost anywhere at staff's discretion, so this is our attempt to really put some constraints, some elastic bands around where these facilities can and can't go. And the second piece of that is in their classification under state law. And John, correct me if I get off base here, but Arizona state law classifies these facilities, along with several other complimentary facilities like doctor's offices, dentists, et cetera. They're considered services under Arizona state law, and because they're services, even though they're commercial businesses, they are not taxed by the municipality and I believe by the state as well. Certainly, I'll speak to the municipality piece. There is no taxation by the municipality on these. The idea or the spirit of the whole thing is that the services are essential needs of a community and that they are placed within a community by commercial entities, by for- profits, by not-for-profits, a combination thereof to support the community that they reside within. So what we are looking at as a part of this text language is to say if, in fact, this is a service, which it is, that litmus test is passed, and if someone wishes to place one of these facilities in the Town of Fountain Hills, it's an obligation of that provider to demonstrate that the service is indeed for the residents of Fountain Hills. So the 25,000 plus or minus folks who live here in the community, that if we have a service, if the service is not contributing to the public coffers, is not a participant in any of the funds that pay back the MCSO contract, the rural metro fire contract, et cetera, that it is truly for the community. So that's one of the -- kind of the pillars of what we're looking at here this evening and over the past 18 months. What else can I say, here? I think that's pretty much it. Is there anything I've missed, Commissioners? COREY: No, I just had one thing to add as I heard Brett -- I'm sorry, Jim and Crystal speak, so like Chair said, we can't ban it, but we can have the strict regulations, but one thing I heard was, can we regulate the success, so maybe that's -- is that something we TOWN OF FOUNTAIN HILLS Page 70 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 70 of 74 could add to it? On a regular basis, they would be able to provide some sort of statistics to us as to the success of the program? GRAY: I think that that data comes -- you know, that comes from overside agencies. Our lens on this thing is purely one of zoning and land use. What the outcomes -- well, I think -- certainly, we would want to know -- those are clinical outcomes and those are measured and monitored elsewhere. I do want to go back to the number and the 2,000 number. This is what we're trying to normalize with the Health and Human Services and the SAMHSA data and the census bureau data. That original number that was thrown out -- John, correct me. John's quick pencil math was there was about 190. If you were to extrapolate that SAMHSA data, apply it to the current published census for the town of Fountain Hills or our census block, anyway, that would result in about 190 annual Fountain Hills residents who have partaken in some level of detoxification service, and that's the combination of outpatient, of inpatient, of just plain old therapy services. So 190 over the course of a calendar year actually sought services. And then John, what was the second number? About 1,200, thereabouts? WESLEY: So again, Chair, it was a quick look. There's a lot of tables here. I'm not even sure I remember which table I picked, but as I recall, it dealt with those who are experiencing some level of substance abuse and taking that percentage times the Fountain Hills population of 18 and over, which is 21,000-something, that came into 1,800-and- something people. Again, that's not saying that any of those are even seeking in treatment; they're going through any kind of detox, but something in that range would be the number that we might expect -- GRAY: 1,800 of -- WESLEY: -- to have some -- be experiencing some level of substance abuse in town at any given time. GRAY: Yeah. So 1,800 in a pre-detox environment. WESLEY: Right. GRAY: Okay. Comm. Kovacevic? TOWN OF FOUNTAIN HILLS Page 71 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 71 of 74 KOVACEVIC: Yeah. I think just to clear up any confusion, this is not in a response -- while it was in a response to an inquiry, there is not currently an outpatient or inpatient detox facility on the horizon? WESLEY: That's correct, and just to be clear, too, to some of the comments that were made, people thinking that the Town is trying to institute one of these, we're not. We are just trying to have regulations in place. In case someone comes here wanting to put one in, we have rules that we can use rules that we can use to guide that. Otherwise, as the chairman said, we would just look at our zoning code and staff would decide where it goes, and as I've looked at other communities, most communities don't regulate this at all, and it goes in where any other medical use goes, and so this will give us some constraints around that. GRAY: Comm. Watts? WATTS: I think said less eloquently, it's the who, what, when, where, and why of how we are in place, who can apply, who can put something somewhere, and we finally have regulations that have some teeth to them so nobody can put it next to your neighbor and -- as you suggested, so I think it's a good move. GRAY: So pre-motion. Obviously, the comment about the HSS SAMHSA data and the census being our tiebacks, I would definitely like to see that in any motion to carry this forward. Comm. Watts, your suggestion, if I understood properly, is around a discharge policy or somehow ensuring that discharges from one of these facilities and transportation back to point of origin, you know. We're aiming towards serving Fountain Hills community, but inevitably, that's not going to be 100 percent of the composition. So I like that, and I was wondering if you were wanting to see that baked in as part of the recommendation, or if we want to leave that just purely administrative. WATTS: I think John pretty much answered as in the SUP I believe, it's pretty much covered under a good neighbor policy. I just wanted to avoid the loitering, and the loitering would be managed by the town as opposed to have the verbiage in it, but if we wanted to add one caveat about the facility's required to provide transportation on completion if it isn't provided by the patient or the client. GRAY: I think we're on the verge of stepping into the clinical workflow, but I wonder if TOWN OF FOUNTAIN HILLS Page 72 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 72 of 74 we would be comfortable just kind of looking at John's body language with requiring a discharge policy as part of an application. At least that gets us to that conversation. WATTS: We're so close. At this point, I'm comfortable enough with the support that if the SUP provides for the good neighbor policy, the no loitering will be enforced under that, then I would hate to delay any longer what we worked so hard to get to this point. GRAY: I concur. Commissioners, any other comments, or I can craft a motion if we so desire. Go ahead. KOVACEVIC: Okay. GRAY: You okay with that? COREY: Yeah, just -- SAWICKI: (Indiscernible) I just ask you one question. I understand having some of these for Fountain Hill residents -- GRAY: We closed the -- I'm sorry, sir. We closed the public comments section. We just can't do it. Sorry about that. SAWICKI: Okay. That's fine. I'll check with John on that. GRAY: Thank you. SAWICKI: Thank you very much for your time. COREY: I'm just thinking where would -- if we were to add a stipulation somehow, yearly check-ins or check-ins for regulating the success, if that's not planning and zoning, that would be -- that's not something we could add into the application, so we'd have to just go to council with that or something? WATTS: I think you're going to step on feet. I think you've got a state issue. I think you've got HIPAA laws you've got to contend with. I think validation is going to be extremely difficult and I think you're treading on thin ice on that one. GRAY: Yeah. You're nodding the same way? And you got raised eyebrows. That's generally a -- WATTS: Bad sign. COREY: Okay, thank you. GRAY: Okay. So I'll take a crack at a motion. Open to any amendments. I am going to make a motion that we forward a recommendation to approve and implement ordinance 2301 as written with the additional enhancements to include a discharge policy, and I'll TOWN OF FOUNTAIN HILLS Page 73 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 73 of 74 just go ahead and say it, that is geared towards repatriating the patient or the client back to their point of origin. And also rooting our certificate of sorts, which was section 4 or 5 there in the SAMHSA HHS dataset, today's dataset, that being table 5.4(a) at minimum, section 6, and also the current published Fountain Hills census data, and then I'll just say a clarification to that, because of the detail of the SAMHSA data, that we normalize across the population by age bracket there. So normalizing the 18 to 25 bracket, the 65-plus bracket, et cetera, in those increments that the census data is in, so that was long winded. Commissioners, any second or modifications to add? WATTS: I second that. GRAY: Paula, let's go ahead and do a roll call vote. WOODWARD: Comm. Corey? COREY: Aye. WOODWARD: Comm. Dempster? DEMPSTER: Aye. WOODWARD: Comm. Kovacevic? KOVACEVIC: Aye. WOODWARD: Comm. Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Aye. WOODWARD: Chairman Gray? GRAY: Aye. WOODWARD: Six-zero. GRAY: Thank you, Paula. Number 7, Commission discussions request for research to staff. I should have probably done it with the last agenda item, but John wanted to echo the comments from Comm. Watts. You stuck with us on this last agenda item and several others here over the last two years. We certainly appreciate it and I think what's going forward today or in the coming weeks TOWN OF FOUNTAIN HILLS Page 74 of 74 JANUARY 9, 2023, PLANNING AND ZONING COMMISSION MEETING Page 74 of 74 here is a good piece of -- good piece of writing for an ordinance, so thank you. WATTS: Thank you. DEMPSTER: Thank you. KOVACEVIC: Thank you as well. GRAY: We let it go all night, so why not? WESLEY: I was just following your direction, so that's -- GRAY: Any other requests to John? All right. Number 8, the inverse. WESLEY: So we should maybe change agendas sometime, because I always really just kind of roll in with the one after that because they're pretty related, but as far as your February meeting, I anticipated a couple of items. One would be to follow up on the parking ordinance, and I will actually probably send you some information on that within the next few days, maybe, so you can go ahead and be looking at it. At the last meeting, we talked about the current parking requirements versus the proposed, and it is a pretty complicated one. Now, taking the existing ordinance and putting beside it the new ordinance, and then doing the inverse of that, the new versus the existing so you can kind of see it both ways to kind of get a better feel for how those are changing. It's a lot more art than science to come up with those numbers. I've looked at a lot of different codes and studies about it, and everybody's different, so I tried to stay as similar as I can to what we have, but I can give you that to take a look at as well as maybe the whole code itself, because that will take some time, but I anticipate that being on your February agenda. I may also have the first look at changing the site plan section of chapter 2 of the zoning ordinance, and we may also have a public comment section on assigned ordinance for your February meeting. That's yet to be determined for sure, but that may happen. GRAY: Number 9, report, one and the same, and number 10, adjournment. ITEM 5. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/13/2023 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):  REVIEW, DISCUSS, AND PROVIDE DIRECTION: Draft amendments to the Zoning Ordinance, Chapter 7, Parking and Loading Requirements  Staff Summary (Background) The Commission has been providing comments and suggestions to portion of the update to the Town's parking regulations over the last year.  Attached is a first comprehensive draft of the revised ordinance.  Following review, comment, and direction from the Commission on this draft ordinance, staff will prepare the document for public hearing at a future Commission meeting. The goals of the update to this chapter have been fourfold:  Remove errors and inconsistencies1. Improve readability and flow2. Update standards3. Add new provisions where needed4. This report will review all the proposed changes to the existing ordinance, section by section. Section 7.01 Purpose This section is being modified slightly to improve readability by breaking up the one paragraph which provides the purpose statements.  A couple of additional purpose statements have been added. Section 7.02 Applicability This was Section 7.02 C. The language is slightly revised.  This section provides guidance on how to apply the ordinance to new development and to redevelopment situations. Subsection A states that all new development is required to meet the requirements of this ordinance. Subsection B provides the rules for addressing changes to existing development.  Given the built nature of the town, this section will be used a lot as we address reuse, expansion, or redevelopment situations. Section 7.03 General Provisions (was Section 7.02) A.  Parking Space Size.  The standard requirements are essentially the same as current.  Language regarding the allowance for the bumper overhang has been moved to #1, along with the reference to the illustration on parking lot design (Exhibit 7.03 A).  The provisions regarding the design of handicapped parking spaces is being changed to allow the five-foot wide access aisle to be shared by two parking spaces as is the common practice.  The Exhibit on Parking Lot Design Standards has been moved from what was 7.03 B and revised to illustrate additional design options. B. Surfacing.  The current surfacing requirements are in 7.03 A 2 for residential and 7.03 B 3 for multi-residential and commercial.  The wording in the current ordinance is combined into this one location.  Some additional language has been provided to give the developer more design options, subject to approval by the Town Engineer. C. Maintenance.  This section is new.  The current ordinance does not provide any standards for maintenance of parking lots and driveways.  This will give the Town the ability to require maintenance if necessary. D. Permits.  This is Section 7.02 B in the current ordinance.  Minor adjustments in wording have been made to improve use and readability. What was Section 7.03 C, Alterations, Additions, and Expansion of a Business in the current code was moved into Section 7.02 of the new ordinance. E. Parking Garage.  This is D in the current code.  No changes are proposed. F. Access.  This is E in the current code.  No changes are proposed. G. Location Restrictions.  This section specifies where a driveway can be located in relationship to lot boundaries, other driveways, street intersections, etc.  This is Section 7.03 A 5 in the current code, which is in the residential section of the ordinance.  It has been moved to the general provisions section to clarify that it applies to all driveway locations.  The distance requirements have not changed, but we have added some clarifications and options for the Town Engineer to consider reductions in a few situations. In the current ordinance, Section 7.03 G addresses some types of storage and use of occupied vehicles, primarily construction offices and temporary sales offices.  These provisions were moved to another section of the code in 2019 but they were not removed from this section.  This will complete that previous action. In the current ordinance, Section 7.03 H addresses parking of aircraft and restricts it to industrial zones.  Staff does not see a need for this provision and has removed it.  It can be put back in if the Commission finds it is beneficial to maintain this requirement. Section 7.04 Design Standards for Residential Uses up to Four Dwellings (was Section 7.03 Design and Location of Parking Spaces) In the current ordinance, requirements for residential development of 4 dwellings or less in 7.03 A and those for all other development are in 7.03 B.  There are things in 7.03 A that apply to all development.  Also, some information is repeated in this section from other sections.  This re-organization moves general requirements to the new 7.03 and eliminates repeat information. A.  Location.  Same as former 7.03 A 1.  Parking for these uses must be on the same lot as the use. B.  Driveways.  Same as 7.03 A 2.  Provides the minimum and maximum widths of driveways.  Prohibits driveways that require backing into certain streets.  Section 7.03 A 4 limited the number of driveways to two per lot.  This requirement was combined with the new section 7.03 B, but increased to allow up to two driveways per street.  The driveways must still meet the separation requirements provided in the new 7.03 G. C.  Covered Parking.  This is a new requirement as discussed with the Commission.  One of the impacts of this would be to limit converting garages to livable space if additional covered parking cannot be provided. D. Tandem Parking.  This is a new provision.  The current ordinance simply states tandem parking is not allowed in any zoning district to meet required off-street parking.  The new provision will allowed for it in limited situations. E - I.  These are all existing standards for the design of driveways for residential development.  No changes are being made.  These provisions were Sections 7.03 A 6 - 10 in the existing ordinance. Section 7.05 Design Standards for Multi-residence(5 or more dwelling units) and Non-residential Development (was Section 7.03 B) A.  Location.  Same as former 7.03 B 1 with some minor changes. B.  Off-Street Parking.  Same as former 7.03 B 2. C.  Covered Parking.  This is new and has been added based on discussion with the Commission.  This requirement will only impact new development or projects as described in the new Section 7.02 B.  Given our climate, covered parking is very beneficial and part of quality development. What was Section 7.03 B 3 regarding surfacing was moved to the new Section 7.03 B. D.  Curbing.  Same as former 7.03 B 4.   E.  Ingress, Egress, Internal Traffic Circulation.  The first two provisions and the exhibit are the former Section 7.02 F.  The illustration has been modified to better represent the development standards.  Two standards have been added.  The first one impacts parking spaces along a main drive aisle into a large parking lot.  This requires that there be no parking spaces backing into that main drive aisle for the first 50' or that there be no cross drive aisles for that first 50' of the main entry drive.  This improves safety by reducing the number of conflicting traffic movements near the intersection of the main drive aisle with the street.  The other new provision provides that drive aisles with no parking spaces can be reduced to 20' wide. F. Landscaping.  In the current ordinance there are landscaping provisions in 7.03 B 5 and 7.04 L.  All of the landscape requirements have been moved to the new Section 7.04 F.  1.  Parameter landscaping.  A revision to the current 7.03 B 5.  The revision clarifies the landscaping requirement along interior property lines, references the current low water plant list, and clarifies the amount of plant material required. 2.  Interior landscaping.  Same as former 7.04 L 1.  Exhibits have been updated to better reflect and demonstrate the standards. 3. Landscape locations and requirements. A revision to former 7.04 L 2.  The new 7.05 F 3 a and b are the same, the new c is added to provide a clear minimum requirement for these landscape areas.  The former "c" was moved to be part of the next section on visibility. 4. Visibility.  Same as former 7.04 L 2  c and d. 5. Plant type.  Same as former 7.04 L 3. G.  Width and number. Revised from former 7.03 B 6.  The first part of the former section was covered in the new Section 7.05 F 1.  The remainder is the same as current except for the reference to 7.03 G 9. What were Sections 7.03  B 7 and 8 were removed because they duplicate the information in Section 7.02 A. H. Screening.  Same as former 7.03 B 9. I.  Lighting.  Same as former 7.03 B 10 with a few minor clarifications. J.  Handicapped parking.  Same as former 7.03 B. 11. K. Tandem parking.  A revision to former 7.03 C.  Provides specifics about when it could be appropriate to allow tandem parking. Section 7.06 Schedule of Required Off-Street Spaces (was Section 7.04) The introductory provisions in A - E (revised ordinance) are the same, with a few minor exceptions.  What is B in the current ordinance was removed because those terms no longer appear as part of the parking standards.  The new B, Mixed Use Developments, was amended to allow consideration of shared parking as discussed previously. F.  Additional requirements for company vehicles.  This is a new section to address how to account for company vehicles, equipment for delivery, service, or repair with regard to the number of parking spaces. G.Sechdule of required parking spaces.  This introductory paragraph is new.  It includes the new provision that limits the maximum number of spaces that can be provided.  This has been added to reduce the size of large paved surfaces that remain unused most of the time.  What follows is the extensively revised list of uses with associated parking requirements.  The revised parking requirements were developed based on current ordinance standards, review of the parking requirements in other Valley cities, and review of a national publication listing parking requirements for a wide variety of uses.  It was clear from looking at the various documents there is a lot of variety in how different jurisdictions approach parking requirements.  The updated list of parking requirements is as much about transitioning to a new way of listing land uses by type rather than by specific use. uses by type rather than by specific use. H. Off-street loading and unload.  Same as former 7.04 H with minor adjustments. I. Bicycle parking.  This section is new based on the discussion and direction of the Commission. J.  Electric vehicle charging stations.  This section is new based on the discussion and direction of the Commission.  At the last discussion the Commission recommended that the proposed language be modified to address some concerns. Staff has not had the time to research and propose alternate language at this time so this section is subject to modification in the final version of the ordinance. Overnight Parking There is a concern regarding allowing overnight parking in Town.  Overnight parking can be utilized by some people who are currently otherwise unsheltered.  Having provisions that prohibit overnight parking can help lessen the opportunity for these types of situations to get started in Town.  These types of parking requirements are mostly dealt with in Section 12.-3 and specifically in Section 12-3-18.  The question has come up as to also using the zoning ordinance to prohibit overnight parking.     Related Ordinance, Policy or Guiding Principle Zoning Ordinance Chapter 7, Parking Regulations Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff is looking for final Commission comments and recommendations.  Further modifications may be made to the draft ordinance based on comments received.  A public hearing will be set for a future meeting at which time staff anticipates making a recommendation for approval. SUGGESTED MOTION Because this meeting was not noticed for public hearing on the proposed amendment action cannot be taken on the proposed ordinance.  No motion is needed or expected at this meeting. Attachments Strikethrough Ordinance  Ordinance without strikethroughs  Existing Parking Ordinance  Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 1 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. Chapter 7 Parking and Loading Requirements Section 7.01 Purpose The purpose of this Chapter is to alleviate or prevent congestion of the public streets, and to promote the safety and welfare of the public by: A. Establishing appropriate minimum requirements for the off-street parking of motor vehicles in accordance with the use to which the property is put utilized; B. . It is the further purpose of this Section to pAssigninglace upon the property owner the primary responsibility upon the property owner for relieving public streets of the burden of on-street parking; C. Avoiding congestion on adjacent public streets; D. Meeting or exceeding the standards designed within this chapter or as otherwise contained within the zoning or building codes; E. Balancing the need for sufficient parking with the environmental impacts of large paved surfaces; and, A.F. Providing design standards for safe, efficient and attractive parking areas. Section 7.02 Applicability A. New Development. The requirements and standards of this Chapter shall apply to any new building, use, or stand-alone parking lot. new B. Existing Development. The requirements and standards of this Chapter shall apply as follows to the modification of existing buildings and uses: 1. A new use of a building shall be required to meet the required number of parking spaces as required in Table 7.06 G. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 2 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 2. The number of parking spaces and landscape areas shall not be reduced below the amount required by this Chapter. 3. If a building or business is destroyed, and if it is allowed to be reconstructed subject to the provisions of Chapter 4, it shall be required to provide only the number of parking spaces and parking design which existed prior to the destruction provided the use has not changed. If the building cannot be reconstructed as provided in Chapter 4 and a new building is constructed or, if the use changes, the number of spaces required and the parking area design will be as required by the requirements detailed in this chapterO. 4. If a building is expanded, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number and type of additional parking spaces necessitated by the expansion. 7.03 General Regulations A. Parking Space Size: 1. Regular Parking Space: A regular parking space shall mean an area of not less than one hundred seventy-one (171) square feet, with a minimum width of nine (9) feet, and minimum depth of nineteen (19) feet, which is specifically designated for, and used for, the parking of an automobile or light truck, exclusive of all driveways and accessways. The nineteen (19) foot parking space depth may include up to a two (2) foot bumper overhang of a landscape area provided all the landscape planting requirements are maintained. Exhibit 7.03 A, Parking Log Design Standards, illustrates the parking space widths and depths, and associated drive aisle widths, for various parking angles. 2. Parking Space for Vehicles Carrying People with Disabilities: A parking space for vehicles carrying persons with disabilities shall mean an area of not less than two hundred nine (209) square feet, with a minimum width of eleven (11) feet, and minimum depth of nineteen (19) feet. In addition to the parking stall, there shall be a five (5) foot wide access aisle adjacent to the and on the right side of each parking space. This five (5) foot wide access aisle may be shared by two adjacent parking spaces. The nineteen (19) foot parking space depth can include up to a two (2) foot bumper overhang of a landscape area provided all the landscape planting requirements are maintained. The space shall be specifically designated and used for the parking of an automobile, passenger van or light truck, exclusive of all driveways and access ways that is designated as a vehicle permitted to park in such a parking space. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 3 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. B. Surfacing: Off-street parking spaces, loading and unloading spaces, driveways, and access ways shall be properly surfaced and graded to prevent impoundment of surface water in a manner satisfactory to the Town Engineer. All parking spaces, driveways and access ways shall be surfaced with asphaltic concrete, concrete pavers, bricks or cement concrete. The Town Engineer may consider requests for alternative paving materials. Requests for use of an alternative material must include documentation showing how the material will perform under normal use, and not result in chipping, dust/track out, or any other issues determined by the Town Engineer that will adversely affect the adjacent Town right-of-way. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 4 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. C. Maintenance. All parking areas, driveway aprons, and landscaping shall be maintained in good condition, including striping of parking spaces. Maintenance shall include, but not be limited to, fixing potholes, filling cracks, landscaping, and maintaining the appearance of the parking area. BD. Permits: An applicationsnt for site plan review, development review, or a building permit must submit include plans showing compliance with the off-street parking required by this SectionChapter. These plans must show locations, arrangement, and dimensions of the off-street parking, turning spaces, drives, aisles, and ingress and egress, and landscape areas and plant material, and must be approved as part of the plan review, development review, or building permitby the Zoning Administrator. Whenever a permit has been issued in compliance with the requirements of this SectionChapter, subsequent use of the structure, or use of the land is conditioned upon the unqualified availability of off-street parking as shown in the approved plans. C. Alterations, Additions, and Expansion of a Business: 1. A new use, addition, or alteration of a building shall not be approved if it would create or increase a deficit in the amount or type of off-street parking. 2. It is unlawful to reduce the amount of existing parking below the minimum amount or type of parking spaces required by this Section without first supplying other spaces as are required. 3. If a building or business is destroyed, and if it is allowed to be reconstructed subject to the provisions of Chapter 4, it shall be required to provide only the number of parking spaces, which existed prior to the destruction. 4. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number and type of additional parking spaces necessitated by the expansion. DE. Parking Garage: All garages or other space allocated for the parking of vehicles, within buildings, basements, or on roofs of buildings, shall be considered part of the off-street parking facilities and may be included as such in computing the parking area requirements. EF. Access: All off-street parking shall have access from a public street or alley. G. Location Restrictions: The closest edge of a driveway shall not be located: 1. Within 40' of another driveway, at the right-of-way line. Town Engineer may consider a reduction for driveways on separate lots. 2. Within 30' of another driveway, at the street curb. Town Engineer may consider a reduction for driveways on separate lots. 3. Within 5' of the side or rear property line. 4. Within 25' of a guardrail. 5. Within 100' of a bridge or major drainage structure. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 5 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 6. Where the following sight distance requirements are not available (See Exhibit 7.03 G). 7. Within 2' of the nearest part of a fire hydrant, utility pole, drop inlet, traffic signal, light standard, wall, fence, or slope steeper than 10:1. 8. Within 230' from an existing or anticipated future signalized intersection without approval from the Town Engineer. 9. At stop sign intersection locations: i. Within 115’ of an intersection street curb or gap in a median curb on an arterial street. ii. Within 85' of an intersecting street curb or gap in a median curb on a collector street. iii. Within 50' of an intersecting street curb or gap in a median curb on a local street. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 6 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. F. Ingress, Egress, Internal Traffic Circulation: Off-street parking and loading facilities and pedestrian ways shall be designed so as to promote safety and convenience and so that traffic visibility is not obstructed. 1. No building wall, except garage doors, may be closer than ten (10’) feet to any internal drive aisle of any parking lot. 2. No garage doors may be closer than six (6’) feet to any internal drive aisle of any parking lot. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 7 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. G. Storage and Parking of Occupied Vehicles: Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 8 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 1. Construction Office or Security Personnel Housing. The Zoning Administrator may issue an Administrative Use Permit to park a mobile home, motor home, truck camper, or trailer in any zone where said vehicle is used to conduct business or provide housing for security personnel during the construction of a permanent building when a valid building permit is in effect. Such a mobile home or trailer shall be removed immediately upon the stoppage of construction. 2. Temporary Sales Offices for Subdivisions. After obtaining a Temporary Use Permit and a Building Permit for a model home, a mobile home may be used for temporary real estate sales, subject to the following stipulations: a. An all-weather access route to the mobile home has been approved by the Town Engineer. b. A delineated parking area is provided for customer and sales personnel vehicles that is away from construction activity and traffic, with a minimum of one (1) off-street space for each person stationed at the mobile home plus two (2) spaces. c. The mobile home must have indoor restroom facilities available to all patrons. d. The mobile home must be removed from the site prior to the opening of the model home. e. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no event shall a mobile home under this section be open before 7:00 a.m. or after 9:00 p.m. f. The business conducted in the mobile home is restricted to sales and marketing associated with tract subdivision within which the mobile home is located. g. The Temporary Use Permit shall not be for more than one hundred twenty (120) days. h. The mobile home shall be skirted with material similar to the siding of the mobile home. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 9 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. i. There shall be a landscaped area at least equivalent to the square footage of the mobile home. Landscaping shall consist of at least one (1) five (5) gallon plant for each ten (10) lineal feet of the longest side of the mobile home. H. Aircraft: Aircraft may only be located in industrial zones and must be located in an area screened from public view. (19- 17, Amended, 12/17/2019) Section 7.0304 Design and Location of Parking SpacesStandards for Residential uses up to Four Dwellings The following design standards apply for the location and design of parking areas for A. Singlesingle-Family family Residencesresidences, Mobile mobile Homeshomes, and Multiplemultiple-Family family Residences residences of Four four (4) or Less less Dwelling dwelling Unitsunits.: A1. Location: Required off-street parking shall be located on the same lot or parcel as the use it is intended to serve. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home. 2. Surfacing: Off-street parking spaces, driveways, and access ways shall be properly surfaced and graded to prevent impoundment of surface water in a manner satisfactory to the Town Engineer. All parking spaces, driveways and access ways shall be surfaced with asphaltic concrete, concrete pavers, bricks or cement concrete. B3. Driveways: Driveways and access ways shall be not less than ten (10) feet wide for one-way traffic, not less than twenty (20) feet wide for two-way traffic and not more than 24' wide within the public right-of-way, except that a driveway may be up to 32' wide at the street curb line, measured along the back of the curb, including the wings or radii. Driveways accessible by the following arterial or collector streets must provide an adequate on-site turning radius for the types of vehicles that will access the property, such that backing out of the driveway is not required:. Shea Boulevard, Fountain Hills Boulevard, Saguaro Boulevard, Palisades Boulevard, Golden Eagle Boulevard, Grande Boulevard, La Montana Drive, El Lago Boulevard (east of Fountain Hills Boulevard), Avenue of the Fountains, Eagle Ridge Drive, Sunridge Drive, Panorama Drive, and Technology Drive. No more than two driveway entrances per street will be allowed for each individual lot. C4. Covered Parking: A minimum of two covered parking space shall be provided per unit. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 10 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. D. Tandem Parking: Single-family dwellings with dedicated parking associated with the dwelling may utilize tandem parking. In mutli-residential developments tandem parking may only be used when parking spaces are assigned for each unit or for parking in addition to the required parking.Number, type: No more than two driveway entrances will be allowed for each individual lot. 5. Location restrictions: Driveways shall not be located: a. Within 30' of another driveway on the same lot, at the right-of-way line. b. Within 40' of another driveway on the same lot, at the street curb. c. Within 5' of the side or rear property line. d. Within 25' of a guardrail. e. Within 100' of a bridge or major drainage structure. f. Where the following sight distance requirements are not available. g. Within 2' of the nearest part of a fire hydrant, utility pole, drop inlet, traffic signal, light standard, wall, fence, or slope steeper than 10:1. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 11 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. h. Within 230' from an existing or anticipated future signalized intersection without approval from the Town Engineer. i. At stop sign intersection locations: i. Within 115’ of an intersection street curb or gap in a median curb on an arterial street. ii. Within 85' of an intersecting street curb or gap in a median curb on a collector street. iii. Within 50' of an intersecting street curb or gap in a median curb on a local street. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 12 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 6E. Slope Requirements: For a distance of 20' from the primary structure the driveway shall not exceed a 10% slope. In all other locations, driveways shall slope at a minimum of 2% and at a maximum of 18%. 7F. Grade breaks: Grade breaks and vertical curves shall provide adequate vehicle ground clearance. 8G. Minimum rise: Driveways shall rise to at least 7" above the gutter-line, within 5' of the curb. Greater rises shall be used where needed to prevent flooding. 9H. Wedge curb removals: Concrete, asphalt or other materials shall not be placed in the street to improve drive-ability at existing wedge curbs. Wedge curbs shall be removed and replaced using the Town's standard detail at all three- and four- unit properties and when desired by the property owner or directed by the Town Engineer. 10I. If no driveway access location meeting the above standards is possible, the Town Engineer will designate one driveway access location based on traffic safety and operational needs; the Town Engineer shall require conformance to this section as much as possible Section 7.05 Design Standards for Multi-residence (5 or more dwelling units) and Non- residential Development B. All Uses except as Provided Above. The following design standards apply for the location and design of parking areas for multiple-family residences of five (5) or more dwelling units and all non-residential developments. 1A. Location: Required off-street parking shall be located within three hundred (300) feet of the building or use it is intended to serve, the distance being measured along the a street straight line from the nearest point of the building or use to the nearest point of the parking lot. Whenever the use of a separate lot or parcel is proposed for fulfillment of minimum parking requirements, the owner shall submit as a part of his the application satisfactory assurance satisfactory to the Zoning Administrator that the separate lot or parcel is permanently committed to parking use by enforceable legal measure. 2B. Off-Street Parking: Off-street parking spaces shall be situated in a manner which will not result in automobiles backing onto a public street. C. Covered Parking. Covered parking shall be provided according to the following requirements: 1. Multiple-residence, a minimum of one covered space per unit. 2. Business and office use developments with at least 10 parking spaces, one covered space per office suite. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 13 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 3. Surfacing: All off-street parking areas, access ways, and driveways shall be improved with concrete, pavement bricks, or asphaltic concrete. The surfacing of the parking area shall be designed and graded so that there will be total retention or drainage into a drainage system approved by the Town Engineer. 4D. Curbing: A six-inch-wide by six-inch-high curb or bumper guard shall be installed along all property lines bordering the parking and maneuvering area, excluding necessary points of ingress and egress, and shall be so located that no part of a vehicle shall extend over or beyond any property line. 5E.. Ingress, Egress, Internal Traffic Circulation: Off-street parking and loading facilities and pedestrian ways shall be designed so as to promote safety and convenience and so that traffic visibility is not obstructed. (See Exhibit 7.05 E.) 1. No building wall, except garage doors, may be closer than ten (10’) feet to any internal drive aisle of any parking lot. 2. No garage doors may be closer than six (6’) feet to any internal drive aisle of any parking lot. 3. Parking spaces backing into main drive aisles connecting directly to a street and drive aisles that cross such main drive aisles shall be separated at least fifty (50) feet from the property line abutting the street. 4. Drive aisles with no direct access to a parking space must be a minimum of twenty (20) feet wide. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 14 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. F. Landscaping: 1. As indicated in Exhibit 7.05 F. 1. the perimeter of all areas of the parking lot with the exception of necessary points of ingress and egress, shall be no closer than ten (10) feet from all street or alley property lines. Along interior property lines, parking spaces and drive aisles shall be setback at least five (5) feet from the property line unless approved as cross access driveway and parking area. That unoccupied area shall be landscaped and maintained with trees, shrubs, ground cover, undisturbed natural growth, pedestrian walkways, and plazas. Selection of vegetation shall be from the low water use plant list in Section 6.09 of the Subdivision Ordinance, Table 4. Fountain Hills Plant List, and shall include a minimum of 4 trees and 20 shrubs per 100 linear feet of length. 1. In addition to the perimeter landscaping, a minimum of five (5) percent of the interior of the parking lot must be landscaped in accordance with a landscape plan submitted to and approved by the Community Development Department. Such landscaping must be maintained for the duration of the Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 15 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. use of the parking lot. Landscaping shall be developed in accordance with the standards of Article VI, Section 605.C.1-5 Nonabutting Areas of the Subdivision Ordinance of the Town of Fountain Hills. Areas proposed to be landscaped may be irrigated by an automatically timer system. 2. with plantings, and one (1) tree for each ten (10) spaces shall be installed. Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street (see Exhibit 7.05 F. 2). Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 16 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 3. The landscaping should be located in protected areas, such as along walkways, in center islands, at the ends of bays, or between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance. a. Landscaping materials such as walls, shrubs, and rocks shall not be taller than two (2’) feet above the top of the paved parking lot surface. b. Landscaping materials such as trees shall be trimmed so that no parts of their canopies are less than seven (7’) feet above the top of the paved parking lot surface. c. A landscape island at least five (5) feet in width shall be provided at the end of each row of parking and be landscaped with ground cover, shrubs, and trees. Parking lot light fixtures are not permitted in these Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 17 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. islands. 4. Visibility. A five (5’) foot tall clear visibility zone must be maintained between two (2) and seven (7) feet above the top of the paved parking lot surface and the bottom of tree canopies at all times as shown in Exhibit 7.05 F. 4. below. Any parking lot signage shall meet the requirements of this section for visibility. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 18 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 5. Plant type: A mixture of hardy flowering and/or decorative desert plants, and deciduous trees may be planted. Plants that provide maximum screening at ground level up to three and one-half (3 1/2) feet should be used along the perimeter of the lot for screening, and the deciduous trees for shade within the lot. The area between trees shall be mulched, planted with shrubs or ground cover, or covered with paving material. Any area that will be under the overhang of vehicles shall be mulched or covered with paving materials. 6G. Width and numberDesign: As indicated in the diagram below, all areas of the parking lot with the exception of necessary points of ingress and egress, shall be no closer than ten (10) feet from all street or alley property lines. That unoccupied area shall be landscaped and maintained with trees, shrubs, ground cover, undisturbed natural growth, pedestrian walkways, and plazas in a manner acceptable to the Planning and Zoning Commission. Access to off-street parking areas from a public street shall be from a two-way driveway with a minimum width of twenty (20) feet and a maximum width of twenty-eight (28) feet, or two (2) one-way driveways each with a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet. No Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 19 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. access driveway shall be located closer than twenty (20) feet from a street intersection or other access driveway, unless more restrictive provisions apply under Section 7.03.G.9. No access driveway shall be located nor any closer than ten (10) feet from any property line unless a joint use access driveway is approved by the Town Engineer. 7. Dimensions: Arrangements of parking spaces within the parking lot and drive-way widths shall conform with the following requirements: Parking layout dimension (in feet) for 9 feet by 19 feet stalls at various angles. 8. Parking Spaces for Persons with Disabilities: Parking spaces for persons with disabilities shall include a five (5) foot wide access aisle adjacent to the right side of each parking space. The parking space and access aisle shall not have a slope greater than two percent (2%) in any direction. The access aisle shall be connected to an accessible route to the appropriate accessible entrance of a building or facility. The parking access aisle shall either blend with the accessible route or have a curb ramp complying with Americans with Disabilities Act (ADA) regulations. Such a curb ramp opening must be located within the access aisle boundaries, not within the parking space boundaries. The required dimensions of the access aisle cannot be restricted by planters, curbs or wheel stops. Signs designating parking spaces for disabled people shall be located in front of each parking space, and shall be mounted four (4) feet above the ground, in addition to blue wheelchair logo being painted on the parking space itself. 9H. Screening: Whenever a parking lot or a driveway to a parking lot is established so as to adjoin the side or abut the rear line of a lot in a residential zoning district, a solid masonry or solid material fence six (6) feet in height or of other material or height as allowed or required by the Planning and Zoning Commission (subject Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 20 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. also to the fence height regulations established in Sections 5.08 and 5.09 of this Ordinance) shall be constructed and maintained along said side or rear lot line. 10I. Lighting: The lighting levels used in Pparking lots used during hours of darkness shall not exceed five (5) foot candles. Lighting shall be indirect, hooded and arranged so that the source of light is not directly visible from any street or adjoining property as required by Chapter 8, Outdoor Lighting Control. Light standards shall be a maximum of twenty (20) feet in height above grade. 11J. One parking space for persons with disabilities shall be required for any development having 25 or more parking spaces. Thereafter, not less than two percent (2%) of the parking spaces within a development shall be built and maintained as parking spaces for persons with disabilities. CK. The Use of Tandem Parking Spaces: To meet the off-street parking requirements of this Chapter is not permitted in any zoning district In mutli-residential developments tandem parking may only be used when parking spaces are assigned for each unit or for parking in addition to the required parking. In commercial developments, tandem parking may be used for full-time valet or attended parking or as approved by the Zoning Administrator, for parking in addition to the required parking.. Section 7.0406 Schedule of Required Off-Street Spaces A. Off-Street Parking Spaces: Shall be provided for each specified use in accordance with the schedule below. B. Definitions: In calculating the total number of required parking spaces, "usable area" as used herein shall mean the area capable of being devoted to the specified use (does not include such spaces as kitchens, rostrums, hallways, etc), and the term "seat" shall also include each thirty (30) inches of bench seating when individual seats are not provided. CB. Mixed Use Developments: In the event of mixed-use developments, unless the applicant requests the use of the Shared Parking Model provided in Section 18.11 C., the total requirement for off-street parking spaces is the sum of the requirements of the various uses computed separately. DC. Fractional Amount: In calculating the total number of required off-street parking spaces, fractional amounts shall be rounded upward to the next whole parking space. ED. Unlisted Uses: Minimum parking requirements for a specific use not listed in this Section shall be determined by the Community Development DirectorZoning Administrator with appeal to the Planning and Zoning Commission. FE. Parking in Areas Zoned "Commercial Common Commercial ": Uses located on lots less than 20,000 square feet in areas with a zoning designation of "Commercial Common Commercial" are not required to meet the minimum parking schedule herein listed. The off-street parking provided in the common parking areas Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 21 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. shall be deemed sufficient to meet the off-street parking demands for the uses on the lots under 20,000 square feet. Uses on lots 20,000 square feet or more in size, that are located in an area zoned "Commercial Common Commercial", shall meet at least the minimum off-street parking demand on the lot where the use is located, in accordance with the schedule herein provided in this ordinance. F. Additional requirements for company vehicles. When parking spaces are used for the storage of vehicles or equipment used for delivery, service and repair, or other such use, such parking spaces shall be provided in addition to those otherwise required by this Zoning Ordinance. Before a building permit is issued the number of spaces to be used for vehicle storage shall be shown on the plans. Unless additional spaces are provided in excess of the required number of spaces, no vehicles in addition to that number shall be stored on the site. GG. Schedule of Required Parking Spaces. Schedule. Table 7.06 G, Minimum Parking Requirements, provides the schedule for the minimum number of parking spaces required for each type of land use. The number of parking spaces provided by any development shall not exceed 125% of the minimum number of required spaces, unless the excess space utilize a permeable parking surface as approved by the Town Engineer. Table 7.06 G. Minimum Parking Requirements 1. Residential Use: Land Use_Proposed Standard_ a. One-or two-family residence: 2 per dwelling unit b. Multiple dwellings: Efficiency units 1½ per dwelling unit One-bedroom units 1½ per dwelling unit Two or more bedroom units 2 per dwelling unit Multiple dwellings shall also provide guest parking at a rate of .25 parking spaces per dwelling unit. c. Rooming houses, fraternities, sororities, resident clubs, lodges 1 per sleeping room or 1 per bed, whichever is greater d. Mobile home parks and subdivision 2 per mobile home site, plus 1 per 2 employees; 1 per 400 square feet of recreation hall or club house area e. Model Homes 1 for each person stationed on site, plus two spaces f. Truck Rental Spaces 1 per truck with a minimum of 4 spaces 2. Commercial sales and service: a. Restaurants, bars, cocktail lounges 1 per 50 sq. feet of useable floor area b. Drive-in food or drink places with on-site consumption 1 per 50 sq. feet of useable floor area, plus 1 per 2- employees c. Mortuaries, funeral homes 1 space for each 75 sq. feet of G.F.A. of public assembly area d. Self-service laundries and dry cleaners 1 per 2 machines Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 22 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. e. Open air businesses 1 per 500 sq. ft. of sales area for the first 2,000 plus 1 per additional 2,000 sq ft f. Auto sales lots 1 per each 300 sq. feet of office area and covered parking area, 2 for the first 10,000 sq. feet or portion thereof, and 1 for each additional 10,000 ft. or portion thereof; plus 1 per employee g. Gas service stations 1 per each 375 sq. feet of building h. Car wash: 1 per employee, plus reserve spaces equal to 5 times the wash capacity i. Motor vehicle and machinery 1 per 200 sq. feet of floor area. j. Planned shopping centers under unified control Requirements for all uses elsewhere specified herein, plus 1 per 250 sq ft of gross leasable space k. Barbershops, beauty shops 2 per service chair l. Furniture and appliance stores, household equipment 1 per 800 sq. feet floor area m Supermarkets, drugstores 1 per 250 sq. feet of gross leasable space n. Hotels, motels 1 per guest room or suite, plus 1 per 2 employees o. Bus depots 1 per 150 sq. feet of waiting room space p. Skating rinks, dance halls, dance studios 1 per 3 persons of maximum capacity permitted by fire regulations q. Bowling alleys 4 per bowling lane, plus 1 per seat in gallery, plus 1 per 2 employees r. Billiard parlors 1 per 2 billiard tables, plus 1 per 2 employees s. Gymnasiums, health studios 1 per 400 sq. feet. of usable floor area, plus 1 per 2 employees t. Private golf clubs, swimming, and tennis clubs 1 per every 5 member families or individuals u. Theaters, auditoriums, gymnasiums and similar places of public assembly 1 per 4-person occupancy capacity 3. Offices and Clinic Uses: a. Offices, banks, savings and gross or loan agencies 1 per 250 sq. feet of floor area b. Medical and dental offices clinics 1 per 100 sq. feet of waiting and examination room or dental chair plus 1 per 2 employees c. Nursing homes, convalescent homes, and homes for the aged 1 per 4 beds 4. Schools and Institutions: a. Elementary and intermediate schools 1 per employee b. High schools 1 per 8 students, plus 1 per employee c. Junior colleges, colleges,universities 1 per 3 enrolled full-time day students plus 1 per 2 employees d. Trade schools, business college 1 per 150 sq. feet of gross floor area Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 23 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. e. Hospitals 1 per 2 beds, plus 1 per employee f. Churches, community centers, assembly halls, clubs, and libraries 1 space per each 75 sq. feet of G.F.A. for the public 5. Manufacturing and industrial uses: 2 per every 3 employees 1 per 50 square feet 1 per 300 square feet 1 per 800 square feet 1 per 35 spaces; plus 1 for the manager 1 per truck with a minimum of 4 spaces Land Use_Proposed Standard_ Open space Golf Courses 2 spaces per tee plus required spaces for restaurant/pro shop if provided Park Land As needed Trails/Trailhead As needed Undeveloped Natural Land None Residential Single, Attached or Detached Dwelling Duplex 2 per unit Accessory Dwelling Unit 1 additional space Multiple Residence Efficiency and 1 Bedroom 1.75 per unit; ½ requirement for senior designated housing 2 or more Bedroom 2.25 per unit; ½ requirement for senior designated housing Group Housing Boarding House 2 plus one per bed for boarders Dormitory, Fraternity, Sorority 1 per bed Home day care 2 additional off-street spaces above the number required for the primary use Model Home/Sales centers 2 plus 2 for each model home Non-Residential Animal services (kennels, day care, groomers, veterinary) 1 per 375 sq. ft. of gross floor area including indoor kennel area Kennel only – 1 per 500 sq. ft. of gross floor area Assembly uses (clubs and lodges, places of worship, theaters, event centers, 1 per 75 sq. ft. of gross floor area, including outdoor assembly and dining areas Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 24 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. entertainment, funeral parlors, gymnasiums, meeting rooms as part of other uses, etc.) Eating and drinking establishments For assembly uses, only applies to public gathering areas Automotive uses Automobile, truck, and RV sales and rentals 1 per 200 sq. ft. of gross floor area plus 1 for every 10 outdoor vehicle display spaces Large truck and construction equipment sales and rental 1 per 200 sq. ft. of gross floor area Automotive repair Major – 3 per bay Minor – 4 per bay Car wash Self-service – 2 stacking spaces behind each wash bay, plus one space per wash bay for drying, plus one for each vacuum, plus 1 Automatic – 5 stacking spaces before the order box, plus one for each vacuum, plus 3 Business and office uses (professional offices, medical offices, government offices, maintenance facilities, banks, contractor offices, etc.) Business support uses (copy shops, blueprint services, office equipment rental, custodial services, etc.) Community and cultural (museums, libraries, art galleries, etc.) Food and beverage stores (bakeries, convenience stores, general markets, liquor stores, catering, etc.) Personal services (laundries, barbers, beauty shops, health clubs etc.) Personal Storage (“mini”- storage, indoor and 1 per 250 sq. ft. of gross floor area Personal storage uses – Requirement is for office/leasing area, plus 1 for resident manager and 1 for every 100 storage units. For exterior access storage units, drive aisles may be allowed to meet the parking requirement if of sufficient width. Medical offices and convenience stores 1 per 200 sq. ft. of gross floor area Call Centers 1 per 100 sq. ft. of gross floor area Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 25 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. outdoor) Studios (fine and performing arts, includes instruction and sales of items produced) Child/Adult care facilities (non-residential) 1 per 375 sq. ft. of gross floor area Fueling stations 1 for every 4 fuel dispensing/charging stations (plus requirements for convenience store if applicable) Handicapped/Assisted Living – 11 or more Nursing Home 1 per 3 residents maximum capacity Hospitals 3 per patient bed (emergency and in-patient) plus 1 per 200 sq. ft. of gross floor area for urgent care, out- patient services, or other associated activities Hotels and Lodging 1.2 per guest room plus 1 per 250 sq. ft. of gross floor area for meeting space Landscape nurseries and materials Art, metal and ornamental iron shops Light Assembly/cabinet shops Light Industrial General Industrial Research and testing laboratories Wholesaling Warehousing Major Utilities Radio and television broadcasting Passenger transportation terminals 1 per 300 sq. ft. of gross floor area of office, display or sales areas plus 1 per 1,000 sq. ft. of other areas including outdoor sales and display area Maintenance and repair services 1 per 400 sq. ft. of gross floor area Recreation (bowling centers, amusement arcades, driving ranges, fitness centers, miniature golf, etc.) 1 per 200 sq. ft. of gross floor area plus 1 per 400 sq. ft. of outdoor activity area accessible to the public Group Commercial (multi-1 per 275 sq. ft. of gross floor area Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 26 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. tenant buildings) Retail not elsewhere classified Rental facilities (other than automotive) 1 per 350 sq. ft. of gross floor area Furniture and other large item stores – 1 per 500 sq. ft. of gross floor area Add 1 per 800 sq. ft. of outdoor area used for display Schools Colleges or Universities Commercial trade schools Industrial trade schools Primary or secondary schools Per parking study for non-primary or secondary schools Primary: 1.25 per classroom plus 1 per 200 sq. ft. of gross floor area of office areas Secondary: 10 per classroom plus 1 per 200 sq. ft. of gross floor area of office areas Outdoor Storage Minor Utilities 1 per 500 sq. ft. of gross floor area plus 1 per 5,000 sq. ft. of area used for outdoor storage Recycling and Salvage 1 per 300 sq. ft. of gross floor area of office or interior customer area; plus 1 per 750 sq. ft. of gross floor area for buildings used for processing; plus 1 per 10,000 sq. ft. of area used for outdoor storage H. Off-Street Loading and Unloading Spaces: 1. Unless otherwise specified in this Ordinance, off-street loading and unloading spaces shall have a minimum width of twelve (12) feet, a minimum length of forty-five (45) feet and a minimum height of fourteen (14) feet, exclusive of access aisles and maneuvering space. 2. Off-street loading and unloading spaces with a minimum width of ten (10) feet and a minimum length of thirty (30) feet may be provided for all or part of the required number of off-street loading and unloading as determined by the Zoning Administrator, with appeal to the Planning and Zoning Commission, through the spaces if approved by the Planning & Zoning Commission through the conceptual site plan approval process. 3. Off-street loading and unloading spaces shall not be permitted in any required front yard, or in any required side yard, except in nonresidential districts. Off-street loading and unloading spaces may occupy all or any part of a required rear yard, except as otherwise provided herein, and may be partially or entirely enclosed within a building. All off-street loading and unloading loading spaces abutting residential zoning districts shall be screened from the residential zoning districts by a masonry wall not less than eight (8) feet in height. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 27 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 4. Where a building or use in a nonresidential district abuts an alley, such alley may be used as maneuvering space for off-street loading and unloading spaces. No alley abutting any residential district may be so used. 5. Off-street loading and unloading spaces, aisles, and access drives shall be paved so as to provide a durable dust-proof surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, street, or alleys. 6. Schedule of off-street loading and unloading space requirements: Unless otherwise provided in the Ordinance, every office, hotel, restaurant, department store, hospital, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishments, and all other structures devoted to similar mercantile or industrial pursuits, which has a aggregate gross floor area of five thousand (5,000) square feet or more shall provide off-street loading and unloading spaces in accordance with the following table: SQUARE FEET OF AGGREGATE GROSS FLOOR REQUIRED NUMBER OF SPACES 5,000 SQ. FT. TO 40,000 SQ. FT. 1 40,001 SQ. FT. TO 100,000 SQ. FT. 2 100,001 SQ. FT. TO 160,000 SQ. FT. 3 160.001 SQ. FT. TO 240,000 SQ. FT. 4 240,001 SQ. FT. TO 320,000 SQ. FT. 5 320,001 SQ. FT. TO 400,000 SQ. FT. 6 400,001 SQ. FT. TO 490,000 SQ. FT. 7 EACH ADDITIONAL 100,000 1 additional I. Bicycle Parking. In addition to the required vehicle parking spaces, the following bicycle parking spaces and facilities shall be required: 1. Required bicycle parking. Every principal and accessory use of land which is required to provide at least twenty (20) vehicular parking spaces shall be required to provide bicycle parking spaces at a rate of one (1) bicycle parking space per every ten (10) required vehicular parking spaces. No use shall be required to provide more than twenty (20) bicycle parking spaces. 2. Bicycle parking facilities design. Required bicycle parking facilities shall, at a minimum, provide a stationary object to which the bicyclist can lock the bicycle frame and both wheels with a user provided U-shaped lock or cable and lock. The parking facilities shall be located in close proximity to Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 28 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. entrances and other high activity areas, highly visible, active, well-lighted areas without interfering with pedestrian movements. J. Electric Vehicle Charging Stations. Parking lots containing twenty (20) or more spaces serving multiple unit dwellings, or located within 100 feet of a major arterial street, shall include the installation of conduits to at least 5% of parking spaces in anticipation of a need for electric vehicle charging stations. Fractional parking space amounts shall be rounded up to the nearest whole number. Upon designation of a parking space or spaces for the exclusive use of electric vehicles, signs or markings shall be placed to give adequate notice that the parking space or spaces are restricted and to be used only for electric vehicles. L. Parking Lot Landscaping. 1. Amount required: In parking lots, at least five percent (5%) of the interior parking area shall be landscaped with plantings, and one (1) tree for each ten (10) spaces shall be installed. Parking lot street frontage and perimeter landscape areas shall be a minimum of ten (10) feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street. 2. Location: The landscaping should be located in protected areas, such as along walkways, in center islands, at the ends of bays, or between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance. a. Landscaping materials such as walls, shrubs, and rocks shall not be taller than two (2’) feet above the top of the paved parking lot surface. b. Landscaping materials such as trees shall be trimmed so that no parts of their canopies are less than seven (7’) feet above the top of the paved parking lot surface. c. Any parking lot signage shall meet the requirements of this section. d. A five (5’) foot tall clear visibility zone must be maintained between 2’ and 7’ above the top of the paved parking lot surface at all times as shown in Figure 2 below. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 29 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 30 of 30 Draft Revised Chapter 7 Parking – Version 1The Fountain Hills Zoning Ordinance is current through Ordinance 20-09, passed June 16, 2020. 3. Plant type: A mixture of hardy flowering and/or decorative desert plants, and deciduous trees may be planted. Plants that provide maximum screening at ground level up to three and one-half (3 1/2) feet should be used along the perimeter of the lot for screening, and the deciduous trees for shade within the lot. The area between trees shall be mulched, planted with shrubs or ground cover, or covered with paving material. Any area that will be under the overhang of vehicles shall be mulched or covered with paving materials. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 1 of 18 Draft Revised Chapter 7 Parking – Version 1 Chapter 7 Parking and Loading Requirements Section 7.01 Purpose The purpose of this Chapter is to promote the safety and welfare of the public by: A. Establishing appropriate requirements for the off-street parking of motor vehicles in accordance with the use to which the property is utilized; B. Assigning the primary responsibility upon the property owner for relieving public streets of the burden of on-street parking; C. Avoiding congestion on adjacent public streets; D. Meeting or exceeding the standards designed within this chapter or as otherwise contained within the zoning or building codes; E. Balancing the need for sufficient parking with the environmental impacts of large paved surfaces; and, F. Providing design standards for safe, efficient and attractive parking areas. Section 7.02 Applicability A. New Development. The requirements and standards of this Chapter shall apply to any new building, use, or stand-alone parking lot. B. Existing Development. The requirements and standards of this Chapter shall apply as follows to the modification of existing buildings and uses: 1. A new use of a building shall be required to meet the required number of parking spaces as required in Table 7.06 G. 2. The number of parking spaces and landscape areas shall not be reduced below the amount required by this Chapter. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 2 of 18 Draft Revised Chapter 7 Parking – Version 1 3. If a building or business is destroyed, and if it is allowed to be reconstructed subject to the provisions of Chapter 4, it shall be required to provide only the number of parking spaces and parking design which existed prior to the destruction provided the use has not changed. If the building cannot be reconstructed as provided in Chapter 4 and a new building is constructed or, if the use changes, the number of spaces required and the parking area design will be as required by the requirements detailed in this chapter. 4. If a building is expanded, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number and type of additional parking spaces necessitated by the expansion. 7.03 General Regulations A. Parking Space Size: 1. Regular Parking Space: A regular parking space shall mean an area of not less than one hundred seventy-one (171) square feet, with a minimum width of nine (9) feet, and minimum depth of nineteen (19) feet, which is specifically designated for, and used for, the parking of an automobile or light truck, exclusive of all driveways and accessways. The nineteen (19) foot parking space depth may include up to a two (2) foot bumper overhang of a landscape area provided all the landscape planting requirements are maintained. Exhibit 7.03 A, Parking Log Design Standards, illustrates the parking space widths and depths, and associated drive aisle widths, for various parking angles. 2. Parking Space for Vehicles Carrying People with Disabilities: A parking space for vehicles carrying persons with disabilities shall mean an area of not less than two hundred nine (209) square feet, with a minimum width of eleven (11) feet, and minimum depth of nineteen (19) feet. In addition to the parking stall, there shall be a five (5) foot wide access aisle adjacent to the parking space. This five (5) foot wide access aisle may be shared by two adjacent parking spaces. The nineteen (19) foot parking space depth can include up to a two (2) foot bumper overhang of a landscape area provided all the landscape planting requirements are maintained. The space shall be specifically designated and used for the parking of an automobile, passenger van or light truck, exclusive of all driveways and access ways that is designated as a vehicle permitted to park in such a parking space. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 3 of 18 Draft Revised Chapter 7 Parking – Version 1 B. Surfacing: Off-street parking spaces, loading and unloading spaces, driveways, and access ways shall be properly surfaced and graded to prevent impoundment of surface water in a manner satisfactory to the Town Engineer. All parking spaces, driveways and access ways shall be surfaced with asphaltic concrete, concrete pavers, bricks or cement concrete. The Town Engineer may consider requests for alternative paving materials. Requests for use of an alternative material must include documentation showing how the material will perform under normal use, and not result in chipping, dust/track out, or any other issues determined by the Town Engineer that will adversely affect the adjacent Town right-of-way. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 4 of 18 Draft Revised Chapter 7 Parking – Version 1 C. Maintenance. All parking areas, driveway aprons, and landscaping shall be maintained in good condition, including striping of parking spaces. Maintenance shall include, but not be limited to, fixing potholes, filling cracks, landscaping, and maintaining the appearance of the parking area. D. Permits: Applications for site plan review or a building permit must include plans showing compliance with the off-street parking required by this Chapter. These plans must show locations, arrangement, and dimensions of the off-street parking, turning spaces, drives, aisles, ingress and egress, and landscape areas and plant material, and must be approved as part of the plan review, development review, or building permit. Whenever a permit has been issued in compliance with the requirements of this Chapter, subsequent use of the structure, or use of the land is conditioned upon the unqualified availability of off-street parking as shown in the approved plans. E. Parking Garage: All garages or other space allocated for the parking of vehicles, within buildings, basements, or on roofs of buildings, shall be considered part of the off-street parking facilities and may be included as such in computing the parking area requirements. F. Access: All off-street parking shall have access from a public street or alley. G. Location Restrictions: The closest edge of a driveway shall not be located: 1. Within 40' of another driveway, at the right-of-way line. Town Engineer may consider a reduction for driveways on separate lots. 2. Within 30' of another driveway, at the street curb. Town Engineer may consider a reduction for driveways on separate lots. 3. Within 5' of the side or rear property line. 4. Within 25' of a guardrail. 5. Within 100' of a bridge or major drainage structure. 6. Where the following sight distance requirements are not available (See Exhibit 7.03 G). 7. Within 2' of the nearest part of a fire hydrant, utility pole, drop inlet, traffic signal, light standard, wall, fence, or slope steeper than 10:1. 8. Within 230' from an existing or anticipated future signalized intersection without approval from the Town Engineer. 9. At stop sign intersection locations: i. Within 115’ of an intersection street curb or gap in a median curb on an arterial street. ii. Within 85' of an intersecting street curb or gap in a median curb on a collector street. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 5 of 18 Draft Revised Chapter 7 Parking – Version 1 iii. Within 50' of an intersecting street curb or gap in a median curb on a local street. Section 7.04 Design Standards for Residential uses up to Four Dwellings The following design standards apply for the location and design of parking areas for single-family residences, mobile homes, and multiple-family residences of four (4) or less dwelling units. A. Location: Required off-street parking shall be located on the same lot or parcel as the use it is intended to serve. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home. B. Driveways: Driveways and access ways shall be not less than ten (10) feet wide for one-way traffic, not less than twenty (20) feet wide for two-way traffic and not more than 24' wide within the public right-of-way, except that a driveway may be up to 32' wide at the street curb line, measured along the back of the curb, including the wings or radii. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 6 of 18 Draft Revised Chapter 7 Parking – Version 1 Driveways accessible by the following arterial or collector streets must provide an adequate on-site turning radius for the types of vehicles that will access the property, such that backing out of the driveway is not required: Shea Boulevard, Fountain Hills Boulevard, Saguaro Boulevard, Palisades Boulevard, Golden Eagle Boulevard, Grande Boulevard, La Montana Drive, El Lago Boulevard (east of Fountain Hills Boulevard), Avenue of the Fountains, Eagle Ridge Drive, Sunridge Drive, Panorama Drive, and Technology Drive. No more than two driveway entrances per street will be allowed for each individual lot. C. Covered Parking: A minimum of two covered parking space shall be provided per unit. D. Tandem Parking: Single-family dwellings with dedicated parking associated with the dwelling may utilize tandem parking. In mutli-residential developments tandem parking may only be used when parking spaces are assigned for each unit or for parking in addition to the required parking. E. Slope Requirements: For a distance of 20' from the primary structure the driveway shall not exceed a 10% slope. In all other locations, driveways shall slope at a minimum of 2% and at a maximum of 18%. F. Grade breaks: Grade breaks and vertical curves shall provide adequate vehicle ground clearance. G. Minimum rise: Driveways shall rise to at least 7" above the gutter-line, within 5' of the curb. Greater rises shall be used where needed to prevent flooding. H. Wedge curb removals: Concrete, asphalt or other materials shall not be placed in the street to improve drive-ability at existing wedge curbs. Wedge curbs shall be removed and replaced using the Town's standard detail at all three- and four-unit properties and when desired by the property owner or directed by the Town Engineer. I. If no driveway access location meeting the above standards is possible, the Town Engineer will designate one driveway access location based on traffic safety and operational needs; the Town Engineer shall require conformance to this section as much as possible Section 7.05 Design Standards for Multi-residence (5 or more dwelling units) and Non- residential Development The following design standards apply for the location and design of parking areas for multiple-family residences of five (5) or more dwelling units and all non-residential developments. A. Location: Required off-street parking shall be located within three hundred (300) feet of the building or use it is intended to serve, the distance being measured along a straight line from the nearest point of the building or use to the nearest point of the parking lot. Whenever the use of a separate lot or parcel is proposed for fulfillment of minimum parking requirements, the owner shall submit as a part of the application assurance Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 7 of 18 Draft Revised Chapter 7 Parking – Version 1 satisfactory to the Zoning Administrator that the separate lot or parcel is permanently committed to parking use by enforceable legal measure. B. Off-Street Parking: Off-street parking spaces shall be situated in a manner which will not result in automobiles backing onto a public street. C. Covered Parking. Covered parking shall be provided according to the following requirements: 1. Multiple-residence, a minimum of one covered space per unit. 2. Business and office use developments with at least 10 parking spaces, one covered space per office suite. D. Curbing: A six-inch-wide by six-inch-high curb or bumper guard shall be installed along all property lines bordering the parking and maneuvering area, excluding necessary points of ingress and egress, and shall be so located that no part of a vehicle shall extend over or beyond any property line. E. Ingress, Egress, Internal Traffic Circulation: Off-street parking and loading facilities and pedestrian ways shall be designed so as to promote safety and convenience and so that traffic visibility is not obstructed. (See Exhibit 7.05 E.) 1. No building wall, except garage doors, may be closer than ten (10’) feet to any internal drive aisle of any parking lot. 2. No garage doors may be closer than six (6’) feet to any internal drive aisle of any parking lot. 3. Parking spaces backing into main drive aisles connecting directly to a street and drive aisles that cross such main drive aisles shall be separated at least fifty (50) feet from the property line abutting the street. 4. Drive aisles with no direct access to a parking space must be a minimum of twenty (20) feet wide. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 8 of 18 Draft Revised Chapter 7 Parking – Version 1 F. Landscaping: 1. As indicated in Exhibit 7.05 F. 1. the perimeter of all areas of the parking lot with the exception of necessary points of ingress and egress, shall be no closer than ten (10) feet from all street or alley property lines. Along interior property lines, parking spaces and drive aisles shall be setback at least five (5) feet from the property line unless approved as cross access driveway and parking area. That unoccupied area shall be landscaped and maintained with trees, shrubs, ground cover, undisturbed natural growth, pedestrian walkways, and plazas. Selection of vegetation shall be from the low water use plant list in Section 6.09 of the Subdivision Ordinance, Table 4. Fountain Hills Plant List, and shall include a minimum of 4 trees and 20 shrubs per 100 linear feet of length. 2. In addition to the perimeter landscaping, a minimum of five (5) percent of the interior of the parking lot must be landscaped with plantings, and one (1) tree for each ten (10) spaces shall be installed. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 9 of 18 Draft Revised Chapter 7 Parking – Version 1 Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street (see Exhibit 7.05 F. 2). Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 10 of 18 Draft Revised Chapter 7 Parking – Version 1 3. The landscaping should be located in protected areas, such as along walkways, in center islands, at the ends of bays, or between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance. a. Landscaping materials such as walls, shrubs, and rocks shall not be taller than two (2’) feet above the top of the paved parking lot surface. b. Landscaping materials such as trees shall be trimmed so that no parts of their canopies are less than seven (7’) feet above the top of the paved parking lot surface. c. A landscape island at least five (5) feet in width shall be provided at the end of each row of parking and be landscaped with ground cover, shrubs, and trees. Parking lot light fixtures are not permitted in these islands. 4. Visibility. A five (5’) foot tall clear visibility zone must be maintained between two (2) and seven (7) feet above the top of the paved parking lot surface and the bottom of tree canopies at all times as shown in Exhibit 7.05 F. 4. below. Any parking lot signage shall meet the requirements of this section for visibility. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 11 of 18 Draft Revised Chapter 7 Parking – Version 1 5. Plant type: A mixture of hardy flowering and/or decorative desert plants, and deciduous trees may be planted. Plants that provide maximum screening at ground level up to three and one-half (3 1/2) feet should be used along the perimeter of the lot for screening, and the deciduous trees for shade within the lot. The area between trees shall be mulched, planted with shrubs or ground cover, or covered with paving material. Any area that will be under the overhang of vehicles shall be mulched or covered with paving materials. G. Width and number: Access to off-street parking areas from a public street shall be from a two-way driveway with a minimum width of twenty (20) feet and a maximum width of twenty-eight (28) feet, or two (2) one-way driveways each with a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet. No access driveway shall be located closer than twenty (20) feet from a street intersection or other access driveway, unless more restrictive provisions apply under Section 7.03.G.9. No access driveway shall be located any closer than ten (10) feet from any property line unless a joint use access driveway is approved by the Town Engineer. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 12 of 18 Draft Revised Chapter 7 Parking – Version 1 H. Screening: Whenever a parking lot or a driveway to a parking lot is established so as to adjoin the side or abut the rear line of a lot in a residential zoning district, a solid masonry or solid material fence six (6) feet in height or of other material or height as allowed or required by the Planning and Zoning Commission (subject also to the fence height regulations established in Sections 5.08 and 5.09 of this Ordinance) shall be constructed and maintained along said side or rear lot line. I. Lighting: The lighting levels used in parking lots used during hours of darkness shall not exceed five (5) foot candles. Lighting shall be indirect, hooded and arranged so that the source of light is not directly visible from any street or adjoining property as required by Chapter 8, Outdoor Lighting Control. Light standards shall be a maximum of twenty (20) feet in height above grade. J. One parking space for persons with disabilities shall be required for any development having 25 or more parking spaces. Thereafter, not less than two percent (2%) of the parking spaces within a development shall be built and maintained as parking spaces for persons with disabilities. K. In mutli-residential developments tandem parking may only be used when parking spaces are assigned for each unit or for parking in addition to the required parking. In commercial developments, tandem parking may be used for full-time valet or attended parking or as approved by the Zoning Administrator, for parking in addition to the required parking. Section 7.06 Schedule of Required Off-Street Spaces A. Off-Street Parking Spaces: Shall be provided for each specified use in accordance with the schedule below. B. Mixed Use Developments: In the event of mixed-use developments, unless the applicant requests the use of the Shared Parking Model provided in Section 18.11 C., the total requirement for off-street parking spaces is the sum of the requirements of the various uses computed separately. C. Fractional Amount: In calculating the total number of required off-street parking spaces, fractional amounts shall be rounded upward to the next whole parking space. D. Unlisted Uses: Minimum parking requirements for a specific use not listed in this Section shall be determined by the Zoning Administrator with appeal to the Planning and Zoning Commission. E. Parking in Areas Zoned "Common Commercial ": Uses located on lots less than 20,000 square feet in areas with a zoning designation of "Common Commercial" are not required to meet the minimum parking schedule herein listed. The off-street parking provided in the common parking areas shall be deemed sufficient to meet the off-street parking demands for the uses on the lots under 20,000 square feet. Uses on lots 20,000 square feet or more in size, that are located in an area zoned "Common Commercial", shall meet at least the Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 13 of 18 Draft Revised Chapter 7 Parking – Version 1 minimum off-street parking demand on the lot where the use is located, in accordance with the schedule herein provided in this ordinance. F. Additional requirements for company vehicles. When parking spaces are used for the storage of vehicles or equipment used for delivery, service and repair, or other such use, such parking spaces shall be provided in addition to those otherwise required by this Zoning Ordinance. Before a building permit is issued the number of spaces to be used for vehicle storage shall be shown on the plans. Unless additional spaces are provided in excess of the required number of spaces, no vehicles in addition to that number shall be stored on the site. G. Schedule of Required Parking Spaces. Table 7.06 G, Minimum Parking Requirements, provides the schedule for the minimum number of parking spaces required for each type of land use. The number of parking spaces provided by any development shall not exceed 125% of the minimum number of required spaces, unless the excess space utilize a permeable parking surface as approved by the Town Engineer. Table 7.06 G. Minimum Parking Requirements Land Use_Proposed Standard_ Open space Golf Courses 2 spaces per tee plus required spaces for restaurant/pro shop if provided Park Land As needed Trails/Trailhead As needed Undeveloped Natural Land None Residential Single, Attached or Detached Dwelling Duplex 2 per unit Accessory Dwelling Unit 1 additional space Multiple Residence Efficiency and 1 Bedroom 1.75 per unit; ½ requirement for senior designated housing 2 or more Bedroom 2.25 per unit; ½ requirement for senior designated housing Group Housing Boarding House 2 plus one per bed for boarders Dormitory, Fraternity, Sorority 1 per bed Home day care 2 additional off-street spaces above the number required for the primary use Model Home/Sales centers 2 plus 2 for each model home Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 14 of 18 Draft Revised Chapter 7 Parking – Version 1 Non-Residential Animal services (kennels, day care, groomers, veterinary) 1 per 375 sq. ft. of gross floor area including indoor kennel area Kennel only – 1 per 500 sq. ft. of gross floor area Assembly uses (clubs and lodges, places of worship, theaters, event centers, entertainment, funeral parlors, gymnasiums, meeting rooms as part of other uses, etc.) Eating and drinking establishments 1 per 75 sq. ft. of gross floor area, including outdoor assembly and dining areas For assembly uses, only applies to public gathering areas Automotive uses Automobile, truck, and RV sales and rentals 1 per 200 sq. ft. of gross floor area plus 1 for every 10 outdoor vehicle display spaces Large truck and construction equipment sales and rental 1 per 200 sq. ft. of gross floor area Automotive repair Major – 3 per bay Minor – 4 per bay Car wash Self-service – 2 stacking spaces behind each wash bay, plus one space per wash bay for drying, plus one for each vacuum, plus 1 Automatic – 5 stacking spaces before the order box, plus one for each vacuum, plus 3 Business and office uses (professional offices, medical offices, government offices, maintenance facilities, banks, contractor offices, etc.) Business support uses (copy shops, blueprint services, office equipment rental, custodial services, etc.) Community and cultural (museums, libraries, art galleries, etc.) Food and beverage stores 1 per 250 sq. ft. of gross floor area Personal storage uses – Requirement is for office/leasing area, plus 1 for resident manager and 1 for every 100 storage units. For exterior access storage units, drive aisles may be allowed to meet the parking requirement if of sufficient width. Medical offices and convenience stores 1 per 200 sq. ft. of gross floor area Call Centers 1 per 100 sq. ft. of gross floor area Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 15 of 18 Draft Revised Chapter 7 Parking – Version 1 (bakeries, convenience stores, general markets, liquor stores, catering, etc.) Personal services (laundries, barbers, beauty shops, health clubs etc.) Personal Storage (“mini”- storage, indoor and outdoor) Studios (fine and performing arts, includes instruction and sales of items produced) Child/Adult care facilities (non-residential) 1 per 375 sq. ft. of gross floor area Fueling stations 1 for every 4 fuel dispensing/charging stations (plus requirements for convenience store if applicable) Handicapped/Assisted Living – 11 or more Nursing Home 1 per 3 residents maximum capacity Hospitals 3 per patient bed (emergency and in-patient) plus 1 per 200 sq. ft. of gross floor area for urgent care, out- patient services, or other associated activities Hotels and Lodging 1.2 per guest room plus 1 per 250 sq. ft. of gross floor area for meeting space Landscape nurseries and materials Art, metal and ornamental iron shops Light Assembly/cabinet shops Light Industrial General Industrial Research and testing laboratories Wholesaling Warehousing Major Utilities Radio and television broadcasting Passenger transportation terminals 1 per 300 sq. ft. of gross floor area of office, display or sales areas plus 1 per 1,000 sq. ft. of other areas including outdoor sales and display area Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 16 of 18 Draft Revised Chapter 7 Parking – Version 1 Maintenance and repair services 1 per 400 sq. ft. of gross floor area Recreation (bowling centers, amusement arcades, driving ranges, fitness centers, miniature golf, etc.) 1 per 200 sq. ft. of gross floor area plus 1 per 400 sq. ft. of outdoor activity area accessible to the public Group Commercial (multi- tenant buildings) 1 per 275 sq. ft. of gross floor area Retail not elsewhere classified Rental facilities (other than automotive) 1 per 350 sq. ft. of gross floor area Furniture and other large item stores – 1 per 500 sq. ft. of gross floor area Add 1 per 800 sq. ft. of outdoor area used for display Schools Colleges or Universities Commercial trade schools Industrial trade schools Primary or secondary schools Per parking study for non-primary or secondary schools Primary: 1.25 per classroom plus 1 per 200 sq. ft. of gross floor area of office areas Secondary: 10 per classroom plus 1 per 200 sq. ft. of gross floor area of office areas Outdoor Storage Minor Utilities 1 per 500 sq. ft. of gross floor area plus 1 per 5,000 sq. ft. of area used for outdoor storage Recycling and Salvage 1 per 300 sq. ft. of gross floor area of office or interior customer area; plus 1 per 750 sq. ft. of gross floor area for buildings used for processing; plus 1 per 10,000 sq. ft. of area used for outdoor storage H. Off-Street Loading and Unloading Spaces: 1. Unless otherwise specified in this Ordinance, off-street loading and unloading spaces shall have a minimum width of twelve (12) feet, a minimum length of forty-five (45) feet and a minimum height of fourteen (14) feet, exclusive of access aisles and maneuvering space. 2. Off-street loading and unloading spaces with a minimum width of ten (10) feet and a minimum length of thirty (30) feet may be provided for all or part of the required number of off-street loading and unloading as determined by the Zoning Administrator, with appeal to the Planning and Zoning Commission, through the site plan approval process. 3. Off-street loading and unloading spaces may occupy all or any part of a required rear yard, except as otherwise provided herein, and may be partially or entirely enclosed within a building. All off-street Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 17 of 18 Draft Revised Chapter 7 Parking – Version 1 loading and unloading loading spaces abutting residential zoning districts shall be screened from the residential zoning districts by a masonry wall not less than eight (8) feet in height. 4. Where a building or use in a nonresidential district abuts an alley, such alley may be used as maneuvering space for off-street loading and unloading spaces. No alley abutting any residential district may be so used. 5. Off-street loading and unloading spaces, aisles, and access drives shall be so graded and drained so as to dispose of surface water without damage to private or public properties, street, or alleys. 6. Schedule of off-street loading and unloading space requirements: Unless otherwise provided in the Ordinance, every office, hotel, restaurant, department store, hospital, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishments, and all other structures devoted to similar mercantile or industrial pursuits, which has a aggregate gross floor area of five thousand (5,000) square feet or more shall provide off-street loading and unloading spaces in accordance with the following table: SQUARE FEET OF AGGREGATE GROSS FLOOR REQUIRED NUMBER OF SPACES 5,000 SQ. FT. TO 40,000 SQ. FT. 1 40,001 SQ. FT. TO 100,000 SQ. FT. 2 100,001 SQ. FT. TO 160,000 SQ. FT. 3 160.001 SQ. FT. TO 240,000 SQ. FT. 4 240,001 SQ. FT. TO 320,000 SQ. FT. 5 320,001 SQ. FT. TO 400,000 SQ. FT. 6 400,001 SQ. FT. TO 490,000 SQ. FT. 7 EACH ADDITIONAL 100,000 1 additional I. Bicycle Parking. In addition to the required vehicle parking spaces, the following bicycle parking spaces and facilities shall be required: 1. Required bicycle parking. Every principal and accessory use of land which is required to provide at least twenty (20) vehicular parking spaces shall be required to provide bicycle parking spaces at a rate of one (1) bicycle parking space per every ten (10) required vehicular parking spaces. No use shall be required to provide more than twenty (20) bicycle parking spaces. 2. Bicycle parking facilities design. Required bicycle parking facilities shall, at a minimum, provide a stationary object to which the bicyclist can lock the bicycle frame and both wheels with a user provided U-shaped lock or cable and lock. The parking facilities shall be located in close proximity to Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 18 of 18 Draft Revised Chapter 7 Parking – Version 1 entrances and other high activity areas, highly visible, active, well-lighted areas without interfering with pedestrian movements. J. Electric Vehicle Charging Stations. Parking lots containing twenty (20) or more spaces serving multiple unit dwellings, or located within 100 feet of a major arterial street, shall include the installation of conduits to at least 5% of parking spaces in anticipation of a need for electric vehicle charging stations. Fractional parking space amounts shall be rounded up to the nearest whole number. Upon designation of a parking space or spaces for the exclusive use of electric vehicles, signs or markings shall be placed to give adequate notice that the parking space or spaces are restricted and to be used only for electric vehicles. Chapter 7 Parking and Loading Requirements Section 7.01 Purpose The purpose of this Chapter is to alleviate or prevent congestion of the public streets, and to promote the safety and welfare of the public by establishing minimum requirements for the off-street parking of motor vehicles in accordance with the use to which the property is put. It is the further purpose of this Section to place upon the property owner the primary responsibility for relieving public streets of the burden of on-street parking. Section 7.02 General Regulations A. Parking Space Size: 1. Regular Parking Space: A regular parking space shall mean an area of not less than one hundred seventy- one (171) square feet, with a minimum width of nine (9) feet, and minimum depth of nineteen (19) feet, which is specifically designated for, and used for, the parking of an automobile or light truck, exclusive of all driveways and accessways. 2. Parking Space for Vehicles Carrying People with Disabilities: A parking space for vehicles carrying persons with disabilities shall mean an area of not less than two hundred nine (209) square feet, with a minimum width of eleven (11) feet, and minimum depth of nineteen (19) feet. In addition to the parking stall, there shall be a five (5) foot wide access aisle adjacent to and on the right side of each parking space. The space shall be specifically designated and used for the parking of an automobile, passenger van or light truck, exclusive of all driveways and access ways that is designated as a vehicle permitted to park in such a parking space. B. Permits: An applicant for plan review, development review, or a building permit must submit plans showing the off-street parking required by this Section. These plans must show locations, arrangement, and dimensions of the off-street parking, turning spaces, drives, aisles, and ingress and egress, and must be approved by the Zoning Administrator. Whenever a permit has been issued in compliance with the requirements of this Section, subsequent use of the structure, or use of the land is conditioned upon the unqualified availability of off-street parking as shown in the approved plans. C. Alterations, Additions, and Expansion of a Business: 1. A new use, addition, or alteration of a building shall not be approved if it would create or increase a deficit in the amount or type of off-street parking. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 1 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 2. It is unlawful to reduce the amount of existing parking below the minimum amount or type of parking spaces required by this Section without first supplying other spaces as are required. 3. If a building or business is destroyed, and if it is allowed to be reconstructed subject to the provisions of Chapter 4, it shall be required to provide only the number of parking spaces, which existed prior to the destruction. 4. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number and type of additional parking spaces necessitated by the expansion. D. Parking Garage: All garages or other space allocated for the parking of vehicles, within buildings, basements, or on roofs of buildings, shall be considered part of the off-street parking facilities and may be included as such in computing the parking area requirements. E. Access: All off-street parking shall have access from a public street or alley. F. Ingress, Egress, Internal Traffic Circulation: Off-street parking and loading facilities and pedestrian ways shall be designed so as to promote safety and convenience and so that traffic visibility is not obstructed. 1. No building wall, except garage doors, may be closer than ten (10’) feet to any internal drive aisle of any parking lot. 2. No garage doors may be closer than six (6’) feet to any internal drive aisle of any parking lot. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 2 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. G. Storage and Parking of Occupied Vehicles: 1. Construction Office or Security Personnel Housing. The Zoning Administrator may issue an Administrative Use Permit to park a mobile home, motor home, truck camper, or trailer in any zone where said vehicle is used to conduct business or provide housing for security personnel during the construction of a permanent building when a valid building permit is in effect. Such a mobile home or trailer shall be removed immediately upon the stoppage of construction. 2. Temporary Sales Offices for Subdivisions. After obtaining a Temporary Use Permit and a Building Permit for a model home, a mobile home may be used for temporary real estate sales, subject to the following stipulations: a. An all-weather access route to the mobile home has been approved by the Town Engineer. b. A delineated parking area is provided for customer and sales personnel vehicles that is away from construction activity and traffic, with a minimum of one (1) off-street space for each person stationed at the mobile home plus two (2) spaces. c. The mobile home must have indoor restroom facilities available to all patrons. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 3 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. d. The mobile home must be removed from the site prior to the opening of the model home. e. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no event shall a mobile home under this section be open before 7:00 a.m. or after 9:00 p.m. f. The business conducted in the mobile home is restricted to sales and marketing associated with tract subdivision within which the mobile home is located. g. The Temporary Use Permit shall not be for more than one hundred twenty (120) days. h. The mobile home shall be skirted with material similar to the siding of the mobile home. i. There shall be a landscaped area at least equivalent to the square footage of the mobile home. Landscaping shall consist of at least one (1) five (5) gallon plant for each ten (10) lineal feet of the longest side of the mobile home. H. Aircraft: Aircraft may only be located in industrial zones and must be located in an area screened from public view. (19-17, Amended, 12/17/2019) Section 7.03 Design and Location of Parking Spaces A. Single-Family Residences, Mobile Homes, and Multiple-Family Residences of Four (4) or Less Dwelling Units: 1. Location: Required off-street parking shall be located on the same lot or parcel as the use it is intended to serve. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home. 2. Surfacing: Off-street parking spaces, driveways, and access ways shall be properly surfaced and graded to prevent impoundment of surface water in a manner satisfactory to the Town Engineer. All parking spaces, driveways and access ways shall be surfaced with asphaltic concrete, concrete pavers, bricks or cement concrete. 3. Driveways: Driveways and access ways shall be not less than ten (10) feet wide for one-way traffic, not less than twenty (20) feet wide for two-way traffic and not more than 24' wide within the public right-of-way, except that a driveway may be up to 32' wide at the street curb line, measured along the back of the curb, including the wings or radii. Driveways accessible by the following arterial or collector streets must provide an adequate on-site turning radius for vehicles, such that backing out of the driveway is not required. Shea Boulevard, Fountain Hills Boulevard, Saguaro Boulevard, Palisades Boulevard, Golden Eagle Boulevard, Grande Boulevard, La Montana Drive, El Lago Boulevard (east of Fountain Hills Boulevard), Avenue of the Fountains, Eagle Ridge Drive, Sunridge Drive, Panorama Drive, and Technology Drive. 4. Number, type: No more than two driveway entrances will be allowed for each individual lot. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 4 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 5. Location restrictions: Driveways shall not be located: a. Within 30' of another driveway on the same lot, at the right-of-way line. b. Within 40' of another driveway on the same lot, at the street curb. c. Within 5' of the side or rear property line. d. Within 25' of a guardrail. e. Within 100' of a bridge or major drainage structure. f. Where the following sight distance requirements are not available. g. Within 2' of the nearest part of a fire hydrant, utility pole, drop inlet, traffic signal, light standard, wall, fence, or slope steeper than 10:1. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 5 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 6 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. h. Within 230' from an existing or anticipated future signalized intersection without approval from the Town Engineer. i. At stop sign intersection locations: i. Within 115’ of an intersection street curb or gap in a median curb on an arterial street. ii. Within 85' of an intersecting street curb or gap in a median curb on a collector street. iii. Within 50' of an intersecting street curb or gap in a median curb on a local street. 6. Slope Requirements: For a distance of 20' from the primary structure the driveway shall not exceed a 10% slope. In all other locations, driveways shall slope at a minimum of 2% and at a maximum of 18%. 7. Grade breaks: Grade breaks and vertical curves shall provide adequate vehicle ground clearance. 8. Minimum rise: Driveways shall rise to at least 7" above the gutter-line, within 5' of the curb. Greater rises shall be used where needed to prevent flooding. 9. Wedge curb removals: Concrete, asphalt or other materials shall not be placed in the street to improve drive-ability at existing wedge curbs. Wedge curbs shall be removed and replaced using the Town's standard detail at all three and four unit properties and when desired by the property owner or directed by the Town Engineer. 10. If no driveway access location meeting the above standards is possible, the Town Engineer will designate one driveway access location based on traffic safety and operational needs; the Town Engineer shall require conformance to this section as much as possible B. All Uses except as Provided Above. 1. Location: Required off-street parking shall be located within three hundred (300) feet of the building or use it is intended to serve, the distance being measured along the street line from the nearest point of the building or use to the nearest point of the parking lot. Whenever the use of a separate lot or parcel is proposed for fulfillment of minimum parking requirements, the owner shall submit as a part of his application satisfactory assurance that the separate lot or parcel is permanently committed to parking use by enforceable legal measure. 2. Off-Street Parking: Off-street parking spaces shall be situated in a manner which will not result in automobiles backing onto a public street. 3. Surfacing: All off-street parking areas, access ways, and driveways shall be improved with concrete, pavement bricks, or asphaltic concrete. The surfacing of the parking area shall be designed and graded so that there will be total retention or drainage into a drainage system approved by the Town Engineer. 4. Curbing: A six-inch-wide by six-inch-high curb or bumper guard shall be installed along all property lines bordering the parking and maneuvering area, excluding necessary points of ingress and egress, and shall be so located that no part of a vehicle shall extend over or beyond any property line. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 7 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 5. Landscaping: In addition to the perimeter landscaping, a minimum of five percent of the interior parking lot must be landscaped in accordance with a landscape plan submitted to and approved by the Community Development Department. Such landscaping must be maintained for the duration of the use of the parking lot. Landscaping shall be developed in accordance with the standards of Article VI, Section 605.C.1-5 Nonabutting Areas of the Subdivision Ordinance of the Town of Fountain Hills. Areas proposed to be landscaped may be irrigated by an automatically timer system. 6. Design: As indicated in the diagram below, all areas of the parking lot with the exception of necessary points of ingress and egress, shall be no closer than ten (10) feet from all street or alley property lines. That unoccupied area shall be landscaped and maintained with trees, shrubs, ground cover, undisturbed natural growth, pedestrian walkways, and plazas in a manner acceptable to the Planning and Zoning Commission. Access to off-street parking areas from a public street shall be from a two-way driveway with a minimum width of twenty (20) feet and a maximum width of twenty-eight (28) feet, or two (2) one-way driveways each with a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet. No access driveway shall be located closer than twenty (20) feet from a street intersection or other access driveway, nor any closer than ten (10) feet from any property line unless a joint use access driveway is approved by the Town Engineer. 7. Dimensions: Arrangements of parking spaces within the parking lot and drive-way widths shall conform with the following requirements: Parking layout dimension (in feet) for 9 feet by 19 feet stalls at various angles. 8. Parking Spaces for Persons with Disabilities: Parking spaces for persons with disabilities shall include a five (5) foot wide access aisle adjacent to the right side of each parking space. The parking space and access aisle shall not have a slope greater than two percent (2%) in any direction. The access aisle shall be connected to an accessible route to the appropriate accessible entrance of a building or facility. The parking access aisle Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 8 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. shall either blend with the accessible route or have a curb ramp complying with Americans with Disabilities Act (ADA) regulations. Such a curb ramp opening must be located within the access aisle boundaries, not within the parking space boundaries. The required dimensions of the access aisle cannot be restricted by planters, curbs or wheel stops. Signs designating parking spaces for disabled people shall be located in front of each parking space, and shall be mounted four (4) feet above the ground, in addition to blue wheelchair logo being painted on the parking space itself. 9. Screening: Whenever a parking lot or a driveway to a parking lot is established so as to adjoin the side or abut the rear line of a lot in a residential zoning district, a solid masonry or solid material fence six (6) feet in height or of other material or height as allowed or required by the Planning and Zoning Commission (subject also to the fence height regulations established in Sections 5.08 and 5.09 of this Ordinance) shall be constructed and maintained along said side or rear lot line. 10. Lighting: Parking lots used during hours of darkness shall not exceed five (5) foot candles. Lighting shall be indirect, hooded and arranged so that the source of light is not directly visible from any street or adjoining property. Light standards shall be a maximum of twenty (20) feet in height above grade. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 9 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Dimension On Diagram 45 60 75 90 Stall width, parallel to aisle A 12.7 10.4 9.3 9.0 Stall length of line B 28.5 24.3 21.5 19.0 Stall depth to wall C 20.0 21.0 20.5 19.0 Aisle width between stall lines D 12.0 16.0 23.0 26.0 Stall depth; interlock E 17.0 19.0 19.5 19.0 Module, wall to interlock F 49.0 56.0 63.0 64.0 Module, interlocking G 46.0 54.0 62.0 64.0 Module, interlock to curb face H 47.0 53.7 60.5 61.5 Bumper overhang, (Typical) I 2.0 2.3 2.5 2.5 Offset J 6.4 2.6 0.6 0.0 Setback K 13.8 10.4 4.9 0.0 Cross aisle, one-way L 14.0 14.0 14.0 14.0 Cross aisle, two-way M 24.0 24.0 24.0 24.0 Access aisle N 5.0 5.0 5.0 5.0 Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 10 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 11. One parking space for persons with disabilities shall be required for any development having 25 or more parking spaces. Thereafter, not less than two percent (2%) of the parking spaces within a development shall be built and maintained as parking spaces for persons with disabilities. C. The Use of Tandem Parking Spaces: To meet the off-street parking requirements of this Chapter is not permitted in any zoning district. Section 7.04 a. One-or two-family residence: 2 per dwelling unit b. Multiple dwellings: Efficiency units 1½ per dwelling unit One-bedroom units 1½ per dwelling unit Two or more bedroom units 2 per dwelling unit Schedule of Required Off-Street Spaces A. Off-Street Parking Spaces: Shall be provided for each specified use in accordance with the schedule below. B. Definitions: In calculating the total number of required parking spaces, "usable area" as used herein shall mean the area capable of being devoted to the specified use (does not include such spaces as kitchens, rostrums, hallways, etc), and the term "seat" shall also include each thirty (30) inches of bench seating when individual seats are not provided. C. Mixed Use Developments: In the event of mixed-use developments, the total requirement for off-street parking spaces is the sum of the requirements of the various uses computed separately. D. Fractional Amount: In calculating the total number of required off-street parking spaces, fractional amounts shall be rounded upward to the next whole parking space. E. Unlisted Uses: Minimum parking requirements for a specific use not listed in this Section shall be determined by the Community Development Director with appeal to the Planning and Zoning Commission. F. Parking in Areas Zoned "Commercial Common": Uses located on lots less than 20,000 square feet in areas with a zoning designation of "Commercial Common" are not required to meet the minimum parking schedule herein listed. The off-street parking provided in the common parking areas shall be deemed sufficient to meet the off-street parking demands for the uses on the lots under 20,000 square feet. Uses on lots 20,000 square feet or more in size, that are located in an area zoned "Commercial Common", shall meet at least the minimum off-street parking demand on the lot where the use is located, in accordance with the schedule herein provided in this ordinance. G. Schedule. 1. Residential Use: Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 11 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Multiple dwellings shall also provide guest parking at a rate of .25 parking spaces per dwelling unit. c. Rooming houses, fraternities, sororities, resident clubs, lodges 1 per sleeping room or 1 per bed, whichever is greater d. Mobile home parks and subdivision 2 per mobile home site, plus 1 per 2 employees; 1 per 400 square feet of recreation hall or club house area e. Model Homes 1 for each person stationed on site, plus two spaces f. Truck Rental Spaces 1 per truck with a minimum of 4 spaces a. Restaurants, bars, cocktail lounges 1 per 50 sq. feet of useable floor area b. Drive-in food or drink places with on-site consumption 1 per 50 sq. feet of useable floor area, plus 1 per 2-employees c. Mortuaries, funeral homes 1 space for each 75 sq. feet of G.F.A. of public assembly area d. Self-service laundries and dry cleaners 1 per 2 machines e. Open air businesses 1 per 500 sq. ft. of sales area for the first 2,000 plus 1 per additional 2,000 sq ft f. Auto sales lots 1 per each 300 sq. feet of office area and covered parking area, 2 for the first 10,000 sq. feet or portion thereof, and 1 for each additional 10,000 ft. or portion thereof; plus 1 per employee g. Gas service stations 1 per each 375 sq. feet of building h. Car wash: 1 per employee, plus reserve spaces equal to 5 times the wash capacity i. Motor vehicle and machinery 1 per 200 sq. feet of floor area. j. Planned shopping centers under unified control Requirements for all uses elsewhere specified herein, plus 1 per 250 sq ft of gross leasable space k. Barbershops, beauty shops 2 per service chair 2. Commercial sales and service: Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 12 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. l. Furniture and appliance stores, household equipment 1 per 800 sq. feet floor area m Supermarkets, drugstores 1 per 250 sq. feet of gross leasable space n. Hotels, motels 1 per guest room or suite, plus 1 per 2 employees o. Bus depots 1 per 150 sq. feet of waiting room space p. Skating rinks, dance halls, dance studios 1 per 3 persons of maximum capacity permitted by fire regulations q. Bowling alleys 4 per bowling lane, plus 1 per seat in gallery, plus 1 per 2 employees r. Billiard parlors 1 per 2 billiard tables, plus 1 per 2 employees s. Gymnasiums, health studios 1 per 400 sq. feet. of usable floor area, plus 1 per 2 employees t. Private golf clubs, swimming, and tennis clubs 1 per every 5 member families or individuals u. Theaters, auditoriums, gymnasiums and similar places of public assembly 1 per 4-person occupancy capacity a. Offices, banks, savings and gross or loan agencies 1 per 250 sq. feet of floor area b. Medical and dental offices clinics 1 per 100 sq. feet of waiting and examination room or dental chair plus 1 per 2 employees c. Nursing homes, convalescent homes, and homes for the aged 1 per 4 beds a. Elementary and intermediate schools 1 per employee b. High schools 1 per 8 students, plus 1 per employee c. Junior colleges, colleges, universities 1 per 3 enrolled full-time day students plus 1 per 2 employees 3. Offices and Clinic Uses: 4. Schools and Institutions: Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 13 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. d. Trade schools, business college 1 per 150 sq. feet of gross floor area e. Hospitals 1 per 2 beds, plus 1 per employee f. Churches, community centers, assembly halls, clubs, and libraries 1 space per each 75 sq. feet of G.F.A. for the public a. Manufacturing 2 per every 3 employees b. Telemarketing, Data Processing Centers 1 per 50 square feet c. Other industrial uses 1 per 300 square feet d. Warehousing or wholesaling 1 per 800 square feet e. Mini-Storage 1 per 35 spaces; plus 1 for the manager f. Truck Rental Spaces 1 per truck with a minimum of 4 spaces 5. Manufacturing and industrial uses: H. Off-Street Loading and Unloading Spaces: 1. Unless otherwise specified in this Ordinance, off-street loading and unloading spaces shall have a minimum width of twelve (12) feet, a minimum length of forty-five (45) feet and a minimum height of fourteen (14) feet, exclusive of access aisles and maneuvering space. 2. Off-street loading and unloading spaces with a minimum width of ten (10) feet and a minimum length of thirty (30) feet may be provided for all or part of the required number of off-street loading and unloading spaces if approved by the Planning & Zoning Commission through the conceptual site plan approval process. 3. Off-street loading and unloading spaces shall not be permitted in any required front yard, or in any required side yard, except in nonresidential districts. Off-street loading and unloading spaces may occupy all or any part of a required rear yard, except as otherwise provided herein, and may be partially or entirely enclosed within a building. All off-street loading and unloading loading spaces abutting residential zoning districts shall be screened from the residential zoning districts by a masonry wall not less than eight (8) feet in height. 4. Where a building or use in a nonresidential district abuts an alley, such alley may be used as maneuvering space for off-street loading and unloading spaces. No alley abutting any residential district may be so used. 5. Off-street loading and unloading spaces, aisles, and access drives shall be paved so as to provide a durable dust-proof surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, street, or alleys. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 14 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 6. Schedule of off-street loading and unloading space requirements: Unless otherwise provided in the Ordinance, every office, hotel, restaurant, department store, hospital, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishments, and all other structures devoted to similar mercantile or industrial pursuits, which has a aggregate gross floor area of five thousand (5,000) square feet or more shall provide off-street loading and unloading spaces in accordance with the following table: SQUARE FEET OF AGGREGATE GROSS FLOOR REQUIRED NUMBER OF SPACES 5,000 SQ. FT. TO 40,000 SQ. FT. 1 40,001 SQ. FT. TO 100,000 SQ. FT. 2 100,001 SQ. FT. TO 160,000 SQ. FT. 3 160.001 SQ. FT. TO 240,000 SQ. FT. 4 240,001 SQ. FT. TO 320,000 SQ. FT. 5 320,001 SQ. FT. TO 400,000 SQ. FT. 6 400,001 SQ. FT. TO 490,000 SQ. FT. 7 EACH ADDITIONAL 100,000 1 additional L. Parking Lot Landscaping. 1. Amount required: In parking lots, at least five percent (5%) of the interior parking area shall be landscaped with plantings, and one (1) tree for each ten (10) spaces shall be installed. Parking lot street frontage and perimeter landscape areas shall be a minimum of ten (10) feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street. 2. Location: The landscaping should be located in protected areas, such as along walkways, in center islands, at the ends of bays, or between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance. a. Landscaping materials such as walls, shrubs, and rocks shall not be taller than two (2’) feet above the top of the paved parking lot surface. b. Landscaping materials such as trees shall be trimmed so that no parts of their canopies are less than seven (7’) feet above the top of the paved parking lot surface. c. Any parking lot signage shall meet the requirements of this section. d. A five (5’) foot tall clear visibility zone must be maintained between 2’ and 7’ above the top of the paved parking lot surface at all times as shown in Figure 2 below. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 15 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Town Website: www.fh.az.gov Code Publishing Company 3. Plant type: A mixture of hardy flowering and/or decorative desert plants, and deciduous trees may be planted. Plants that provide maximum screening at ground level up to three and one-half (3 1/2) feet should be used along the perimeter of the lot for screening, and the deciduous trees for shade within the lot. The area between trees shall be mulched, planted with shrubs or ground cover, or covered with paving material. Any area that will be under the overhang of vehicles shall be mulched or covered with paving materials. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 16 of 16 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. ITEM 6. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 02/13/2023 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):  DISCUSSION OF possible revisions to Zoning Ordinance Section 2.04, Site Plan Review Regulations. Staff Summary (Background) Staff is conducting a complete update to Chapter 2, Procedures, of the Zoning Ordinance.  This update is being done one section at a time.  Staff started with, and Council has approved, updates to Section 2.02, Special Use Permits.  Staff is now ready to move forward with updating Section 2.04, Site Plan Review Regulations. This report reviews the changes staff has identified to improve the functioning and usability of this section of the Zoning Ordinance.  These staff identified changes will be reviewed with the Commission for any input, suggestions, or direction for further modification.  Following this Commission input, staff will make any additional changes recommended and schedule a public hearing for official review and direction on changes to this section. This section has been organized to follow the pattern being set up in each of the sections of this chapter.  To keep that organizational structure, the first change is to combine what were sections A and B into parts 1 and 2 of Section A.   A.  Purpose and Applicability.  1.  Purpose.  The first change in this section is to add the clarifying statement that a purpose of site plan review is to review for compliance with the architectural guidelines in Chapter 19 of the Zoning Ordinance.  This is implied with Chapter 19, but this change will make it clear.  The second sentence is being removed as a duplicate of what is in the Applicability section.  An additional sentence describing the purpose of site plan review has been added. 2. Applicability.  This changes the requirement that site plans need to be approved prior to submission of construction plans and that it applies to redevelop or expansion of an existing development.  Staff has been operating on the premise that site plans need to be approved prior to submission of the building permit plans for many years.  The purpose of the site plan is to ensure conformance with design guidelines (Chapter 19) and to uncover any significant roadblocks to development.  This is better and easier to do prior to the applicant making significant investment in construction drawings. Reviewing construction drawings and site plans at the same investment in construction drawings. Reviewing construction drawings and site plans at the same time also leads to confusion regarding changes to one application that might not get reflected in the other set. B.  Application.  A new 1 and 2 have been added to update the application requirements and provide for a project narrative.  These are essentially the same as what was approved for Special Use Permit applications.  Section 3 provides clarification that these site plans need to be prepared by a registered professional and then lists the items required to be shown on the site plan.  The list of required items has only been slightly changed.  Section 4 is for the fee and has been changed slightly to follow the same language used in Section 2.02. C. Review and Approval.  This section has been expanded to follow the same format used in Section 2.02.  In this case, however, the application is approved administratively so this section also includes approval. D. Appeals.  Same as Section F in the current ordinance.  No changes. E.  Expiration of Approval.  Same as Section G in the current ordinance.  No changes. F. Site Plan Modifications.  This is new.  The current ordinance provides no direction on the modification of a site plan once it has been approved.  This section provides for minor and major modifications with minor modifications being 1/2 the fee of a major modification. G.  Special Use Permits, Temporary Use Permits.  This section describes the site plan requirement in relationship to processing a special or temporary use permit.  The proposed language simplifies the process.  It allows the applicant to process a conceptual plan with the special or temporary permit and then follow up with the full site plan.  This recognizes the idea that a developer may not want to go to the expense of preparing a full site plan submittal if they may not get approval of the special or temporary permit.  They can, however, submit the full site plan at the time of the other application if they choose.  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 supports updating this section of the Zoning Ordinance.  With the Commission direction, adjustments will be made and a public hearing scheduled for review and consideration. SUGGESTED MOTION This item is for discussion only beyond no motions will be made at this meeting. This item is for discussion only beyond no motions will be made at this meeting. Attachments Proposed Ordinance - strikethrough  Proposed Ordinance - clean  Current Ordinance  The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. Section 2.04 Site Plan Review Regulations A. Purpose and Applicability 1. Purpose: The purpose of these Site Plan Review regulations is to provide for administrative review and approval of Site Plans and review for compliance with the architectural guidelines in Chapter 19 of the Zoning Ordinance prior to submitting for building construction plan review. for all nonresidential developments, multifamily developments having five or more dwelling units, and mixed-use developments, upon making a finding that the proposed development conforms to the intent and provisions of this Zoning Ordinance and all other relevant Town ordinances. This review process helps address any potential development issues early in the development process and ensure that the proposed building can be located on the lot in conformance with the intent and provisions of the General Plan, this Zoning Ordinance and all other relevant Town ordinances and polices. These Site Plan Review regulations also provide for a two-step appeal of the Site Plan Review administrative decision first to the Planning & Zoning Commission and second to the Town Council. 2. B. Applicability: All nonresidential developments, multifamily developments having five or more dwelling units, and mixed-use developments shall receive Site Plan approval prior to approval submission of construction plans related to a development, redevelopment, or expansion of existing development. After a Site Plan and construction plans are approved according to this Section 2.04, and all fees have been paid according to the Town’s adopted fee schedule, a building permit shall be issued for the development. B. C. Application for Administrative Site Plan Review & Approval: 1. Complete Application. Applications request for Ssite Pplan Rreview & Approval shall be filed with the Development Services Department by an owner of real property within the area proposed for site plan review with the Planning & Zoning Division on a form prescribed by the Development Services Departmentusing the process established by the Director for such applications. . The request for approval shall be accompanied by 1 electronic copy of the Site Plan and 10 identical copies of the Site Plan, as follows: (i) scale of the Site Plan shall be not less than 1 inch equals 20 feet (for large-scale projects, the Development Services Director may allow a different scale); and (ii) the Site Plan copies shall be on one or more sheets of paper measuring not more than 24 by 36 inches, drawn to a scale,All such applications shall prepared by an Arizona registered Land Surveyor, an Arizona registered Civil Engineer, or an The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. Arizona registered Architect, which show the following include the information required in this section:. 2. Project Narrative. A written statement which includes: a. A narrative describing the existing zoning, desired use of the property, and reasons justifying the proposed site plan. b. A true statement revealing any conditions or restrictions of record (if any) which would affect the permitted uses of the property and the date or dates (if any) of expiration thereof. If the applicant is not the current owner, or has owned the property for less than one year, this statement should also include any real estate disclosures associated with the purchase of the property. 1.3. A fully dimensioned, detailed site plan drawn to a scale, prepared by an Arizona registered Land Surveyor, an Arizona registered Civil Engineer, or an Arizona registered Architect, which show the following: a. 1. Legal description, property dimensions and heading, along with the name, address and telephone number of the owner, developer and designer. b. 2. A generalized location map showing surrounding land use, zoning, and traffic circulation patterns within a 300-foot radius of the property, measured in all directions from the perimeter of the property lines. A north arrow and scale shall be provided. c. 3. A narrative describing the project in sufficient detail to enable the plan reviewer to understand the scope and complexity of the project. d.c. 4. Site conditions information, including: i. a. A topographic survey extending at least 100 feet beyond the exterior property line of the site. Contour interval shall not exceed 2 feet within 20 feet of any proposed improvement and 5 foot5-foot intervals for the remainder of the lot or parcel. ii. b. Location and extent of major vegetative cover (if any). All Saguaro cacti over three feet in height must be identified as well as significant vegetation and rock outcroppings as defined in Article 1 of the Subdivision Ordinance. iii. c. Location and extent of intermittent streams and water ponding areas. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. iv. d. Existing drainage, including arrows showing direction of flow. Show any areas of ponding. v. e. Natural features such as mesas, rock outcroppings, or streams and manmade features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered. vi. f. A slope analysis map with categories of less than 10 percent, 10 to 20 percent, 20 to 30 percent and 30 percent and above. Identify hillside disturbance areas and Hillside Protection Easement (H.P.E.) areas with areas of each totaled in a table. Demonstrate compliance with the hillside disturbance regulation of the Town’s Subdivision Ordinance or specifically identify variations from these requirements. e.d. 5. Proposed land use areas and specifications, including use standards of each area, as applicable: i. a. Proposed dwelling unit type, total land area and maximum density of residential use areas. ii. b. Proposed uses, total land area and maximum lot coverage. List the individual square footage of all nonresidential buildings and disturbance areas. iii. c. Proposed public streetscape and public and private open space improvements and their relationship to the overall development. iv. d. Building heights, minimum lot areas and setbacks. Show the size and dimensions of yards and spaces between buildings and show the location, type and height of walls and fences. v. e. Building elevations and architectural renderings showing architectural theme colors and type of exterior building materials for each structure or group of structures; include all sides in both black and white and color. vi. f. A graphic representation of the proposed landscaping treatment, plant materials, fences, walls and other site plan and open space improvements, in accordance with the Subdivision Ordinance. vii. g. Proposed location and width of any arterial, collector or local streets. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. viii. h. Proposed location and use of all lands proposed to be dedicated for public purposes including parks, storm water retention areas and school sites. ix. i. If structures are proposed, show cross-sections through site and building at 25 foot25-foot intervals perpendicular to slope, giving percentage of slope at each, and showing exact heights of structures at each existing contour. x. j. If structures are proposed, each floor level shall be shown with different shading with a legend giving grade or elevation of each level. xi. k. If a garage(s) is proposed, the proposed elevation or grade at garage floor and at existing street level at drive entry. Give percentage of total average slope, and percent and length of single steepest portion of driveway. xii. l. The individual square footage of buildings, garages, patios, footprint, and disturbance area. xiii. m. All disturbed (or graded) areas and the proposed method of final treatment. Indicate all retaining walls, showing the actual heights. xiv. n. Existing and proposed grades and drainage systems and how drainage is altered, how it is redirected to original channel and show that the requirements regarding storm water runoff and drainage have been met. xv. o. Location, number of spaces, dimensions, circulation patterns, and surface materials for all off-street parking and loading areas, driveways, access ways, and pedestrian walkways. Show compliance with all parking lot landscape requirements. The acceptability of any proposed shared parking arrangement must be validated in a study prepared by an independent traffic expert approved by the Town and whose services are paid for by the applicant. xvi. p. The location, dimensions, area, materials, and lighting of signage. xvii. q. A lighting plan in conformance with Chapter 8 of this Zoning Ordinance; include a photometric plan showing foot candles of lighting in all parking lots. xviii. r. Street dedications and improvements. xix. s. The size and locations of all existing and proposed public and private utilities. All easements must be shown and given in writing. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. xx. t. A phasing plan, if the project will be completed in phases, indicating which improvements will be completed in each phase. xxi. u. A traffic analysis, unless waived by the Development Services Director. f.e. 6. If the site contains unique features requiring additional analysis, any other information the plan reviewer reasonably determines to be necessary to establish compliance with this Zoning Ordinance. 2.4. D. Fee: The application for an Administrative Site Plan Review & Approval shall be accompanied byPayment of a filing fee, which shall include Town staff review time costs, in an amount established by a schedule adopted by resolution of the Town Council and filed in the offices of the Town Clerkeither as part of its annual budget or by separate resolution. No part of the filing fee shall be refundable. Payment of the filing fee may shall be waived when the petitioner applicant is the Town, school district, special purpose district, county, state, school district, or federal government. C. E. Review and ApprovalProcedures: For each Site Plan submitted, the Planning & Zoning Division shall determine administrative completeness, determine substantive completeness, review and consider approval within the time periods adopted by resolution of the Town Council in compliance with ARIZ. REV. STAT. § 9-835, as amended. 1. Determination of Complete Application. Before initiating review, the Development Services Director, or designee, shall review the submittal to determine if it is complete and meets the requirements of this Section. Applicants will be notified of missing or incomplete application items. Once an application has been determined to be complete the applicant will be notified to pay the application fee. When the fee has been received, staff will begin review of the application. 2. Staff review. Staff will conduct review and analysis of the site plan and will seek additional information and clarification from the applicant as necessary to take action on the application. Staff will inform the applicant of any revisions needed to bring the site plan into compliance with Town requirements. 1.3. The action of the staff shall be one of approval when the applicant submits a site plan which conforms to all applicable regulations and the conditions placed upon the site plan by the staff. Approval shall be documented by staff stamping the final site plan approved. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. B.D. F. Appeals: The application for an appeal of an Administrative Site Plan Review decision shall be made within 30 days of said decision and shall be accompanied by a filing fee in an amount established by the Town Council as part of its annual budget or by separate resolution. No part of the filing fee shall be refundable. Payment of the filing fee may be waived when the petitioner is the Town, the federal government or a county, state, school district, or sanitary district. 1. Any applicant for Administrative Site Plan approval who is dissatisfied or aggrieved by the decision of the Planning and Zoning Division may, within 30 days, appeal the decision to the Planning & Zoning Commission. The Planning & Zoning Commission may approve, conditionally approve, continue to a later date or deny said Site Plan based on compliance with all provisions of this Zoning Ordinance. 2. Any applicant who is dissatisfied or aggrieved by the appeal decision of the Planning & Zoning Commission may, within 30 days, appeal their decision to the Town Council. The Town Council may approve, conditionally approve, continue to a later date or deny said Site Plan based on compliance with all provisions of this Zoning Ordinance. C.E. G. Expiration of Site Plan Approval: 1. A Site Plan approval becomes void if a building permit has not been issued within one year from the date of the approval. 2. If the applicant files for an extension prior to the Site Plan approval becoming void, an extension may be granted by the Planning & Zoning Division. F. Site Plan Modifications. Following approval of a site plan, modifications and amendment may be considered following the procedures above. Site plan modifications may be considered minor or major as defined below. The fee for a minor site plan modification shall be one-half (1/2) the current site plan review fee. The Zoning Administrator shall determine if a site plan modification is minor or major using the criteria below. 1. A modification shall be considered minor if the Zoning Administrator determines the modification involves: a. A change in landscape area or open space of less than 10%; or b. A change in the total building footprint that is less than 10% of the initially approved building footprint; or c. An increase in building height at any point that is less than 10% of the initially approved building height; or The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. d. Minimal adjustments to: i. the building footprint, location, or orientation; ii. the pad location; iii. the configuration of a parking lot or drive aisles; iv. project amenities such as, but not limited to, recreational facilities, pedestrian amenities, fencing or other screening material; v) residential density; or, v. the approved phasing plan; e. Does not modify any specific conditions of approval for the original site plan. 1.2. A modification shall be considered major if it does not meet the requirements to be considered a minor site plan modification. H.G. Special Use Permits, Temporary Use Permits, Waivers Requests:. If the site plan is proposed for a property or use that will require approval of a special use permit or temporary use permit, the special use permit or temporary use permit must be considered and acted upon prior to approval of the site plan. The applicant may choose to have the site plan processed concurrently with a special use permit and considered by the Town Council with the special use permit. Administrative Site Plan Review approval shall be permitted for temporary use permits and administrative use permits. Administrative Site Plan Review approval shall not be granted if all Zoning Ordinance provisions are not fully met or if one or more special use permits or waivers are necessary. In such cases, applications must be heard by the Planning & Zoning Commission and Town Council as follows: G. 1. The Planning & Zoning Commission shall review and consider the Site Plan along with any Special Use Permit or Waiver requests. Applications shall be filed with the Planning & Zoning Division on a form prescribed by the Development Services Department. The application shall be accompanied by a detailed Site Plan prepared in accordance with Subsection 2.04(C) above showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this Zoning Ordinance. H. 2. The Planning & Zoning Commission shall forward a recommendation for approval, conditional approval, or denial to the Town Council. The Town Council shall consider the request within 30 working days of the Planning & Zoning Commission forwarding its recommendation. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. Section 2.04 Site Plan Review Regulations A. Purpose and Applicability 1. Purpose: The purpose of these Site Plan Review regulations is to provide for administrative review and approval of Site Plans and review for compliance with the architectural guidelines in Chapter 19 of the Zoning Ordinance prior to submitting for building construction plan review. This review process helps address any potential development issues early in the development process and ensure that the proposed building can be located on the lot in conformance with the intent and provisions of the General Plan, this Zoning Ordinance and all other relevant Town ordinances and polices. These Site Plan Review regulations also provide for a two-step appeal of the Site Plan Review administrative decision first to the Planning & Zoning Commission and second to the Town Council. 2. Applicability: All nonresidential developments, multifamily developments having five or more dwelling units, and mixed-use developments shall receive Site Plan approval prior to submission of construction plans related to a development, redevelopment, or expansion of existing development. B. Application 1. Complete Application. Applications for site plan review shall be filed with the Development Services Department by an owner of real property within the area proposed for site plan review using the process established by the Director for such applications. All such applications shall include the information required in this section. 2. Project Narrative. A written statement which includes: a. A narrative describing the existing zoning, desired use of the property, and reasons justifying the proposed site plan. b. A true statement revealing any conditions or restrictions of record (if any) which would affect the permitted uses of the property and the date or dates (if any) of expiration thereof. If the applicant is not the current owner, or has owned the property for less than one year, this statement should also include any real estate disclosures associated with the purchase of the property. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. 3. A fully dimensioned, detailed site plan drawn to a scale, prepared by an Arizona registered Land Surveyor, an Arizona registered Civil Engineer, or an Arizona registered Architect, which show the following: a. Legal description, property dimensions and heading, along with the name, address and telephone number of the owner, developer and designer. b. A generalized location map showing surrounding land use, zoning, and traffic circulation patterns within a 300-foot radius of the property, measured in all directions from the perimeter of the property lines. A north arrow and scale shall be provided. c. Site conditions information, including: i. A topographic survey extending at least 100 feet beyond the exterior property line of the site. Contour interval shall not exceed 2 feet within 20 feet of any proposed improvement and 5-foot intervals for the remainder of the lot or parcel. ii. Location and extent of major vegetative cover (if any). All Saguaro cacti over three feet in height must be identified as well as significant vegetation and rock outcroppings as defined in Article 1 of the Subdivision Ordinance. iii. Location and extent of intermittent streams and water ponding areas. iv. Existing drainage, including arrows showing direction of flow. Show any areas of ponding. v. Natural features such as mesas, rock outcroppings, or streams and manmade features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered. vi. A slope analysis map with categories of less than 10 percent, 10 to 20 percent, 20 to 30 percent and 30 percent and above. Identify hillside disturbance areas and Hillside Protection Easement (H.P.E.) areas with areas of each totaled in a table. Demonstrate compliance with the hillside disturbance regulation of the Town’s Subdivision Ordinance or specifically identify variations from these requirements. d. Proposed land use areas and specifications, including use standards of each area, as applicable: The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. i. Proposed dwelling unit type, total land area and maximum density of residential use areas. ii. Proposed uses, total land area and maximum lot coverage. List the individual square footage of all nonresidential buildings and disturbance areas. iii. Proposed public streetscape and public and private open space improvements and their relationship to the overall development. iv. Building heights, minimum lot areas and setbacks. Show the size and dimensions of yards and spaces between buildings and show the location, type and height of walls and fences. v. Building elevations and architectural renderings showing architectural theme colors and type of exterior building materials for each structure or group of structures; include all sides in both black and white and color. vi. A graphic representation of the proposed landscaping treatment, plant materials, fences, walls and other site plan and open space improvements, in accordance with the Subdivision Ordinance. vii. Proposed location and width of any arterial, collector or local streets. viii. Proposed location and use of all lands proposed to be dedicated for public purposes including parks, storm water retention areas and school sites. ix. If structures are proposed, show cross-sections through site and building at 25-foot intervals perpendicular to slope, giving percentage of slope at each, and showing exact heights of structures at each existing contour. x. If structures are proposed, each floor level shall be shown with different shading with a legend giving grade or elevation of each level. xi. If a garage(s) is proposed, the proposed elevation or grade at garage floor and at existing street level at drive entry. Give percentage of total average slope, and percent and length of single steepest portion of driveway. xii. The individual square footage of buildings, garages, patios, footprint, and disturbance area. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. xiii. All disturbed (or graded) areas and the proposed method of final treatment. Indicate all retaining walls, showing the actual heights. xiv. Existing and proposed grades and drainage systems and how drainage is altered, how it is redirected to original channel and show that the requirements regarding storm water runoff and drainage have been met. xv. Location, number of spaces, dimensions, circulation patterns, and surface materials for all off-street parking and loading areas, driveways, access ways, and pedestrian walkways. Show compliance with all parking lot landscape requirements. The acceptability of any proposed shared parking arrangement must be validated in a study prepared by an independent traffic expert approved by the Town and whose services are paid for by the applicant. xvi. The location, dimensions, area, materials, and lighting of signage. xvii. A lighting plan in conformance with Chapter 8 of this Zoning Ordinance; include a photometric plan showing foot candles of lighting in all parking lots. xviii. Street dedications and improvements. xix. The size and locations of all existing and proposed public and private utilities. All easements must be shown and given in writing. xx. A phasing plan, if the project will be completed in phases, indicating which improvements will be completed in each phase. xxi. A traffic analysis, unless waived by the Development Services Director. e. If the site contains unique features requiring additional analysis, any other information the plan reviewer reasonably determines to be necessary to establish compliance with this Zoning Ordinance. 4. Fee: Payment of a filing fee established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be refundable. Payment of the filing fee shall be waived when the applicant is the Town, school district, special purpose district, county, state, or federal government. C. Review and Approval The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. 1. Determination of Complete Application. Before initiating review, the Development Services Director, or designee, shall review the submittal to determine if it is complete and meets the requirements of this Section. Applicants will be notified of missing or incomplete application items. Once an application has been determined to be complete the applicant will be notified to pay the application fee. When the fee has been received, staff will begin review of the application. 2. Staff review. Staff will conduct review and analysis of the site plan and will seek additional information and clarification from the applicant as necessary to take action on the application. Staff will inform the applicant of any revisions needed to bring the site plan into compliance with Town requirements. 3. The action of the staff shall be one of approval when the applicant submits a site plan which conforms to all applicable regulations and the conditions placed upon the site plan by the staff. Approval shall be documented by staff stamping the final site plan approved. D. Appeals: The application for an appeal of an Administrative Site Plan Review decision shall be made within 30 days of said decision and shall be accompanied by a filing fee in an amount established by the Town Council as part of its annual budget or by separate resolution. No part of the filing fee shall be refundable. Payment of the filing fee may be waived when the petitioner is the Town, the federal government or a county, state, school district, or sanitary district. 1. Any applicant for Administrative Site Plan approval who is dissatisfied or aggrieved by the decision of the Planning and Zoning Division may, within 30 days, appeal the decision to the Planning & Zoning Commission. The Planning & Zoning Commission may approve, conditionally approve, continue to a later date or deny said Site Plan based on compliance with all provisions of this Zoning Ordinance. 2. Any applicant who is dissatisfied or aggrieved by the appeal decision of the Planning & Zoning Commission may, within 30 days, appeal their decision to the Town Council. The Town Council may approve, conditionally approve, continue to a later date or deny said Site Plan based on compliance with all provisions of this Zoning Ordinance. E. Expiration of Site Plan Approval: 1. A Site Plan approval becomes void if a building permit has not been issued within one year from the date of the approval. 2. If the applicant files for an extension prior to the Site Plan approval becoming void, an extension may be granted by the Planning & Zoning Division. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. F. Site Plan Modifications. Following approval of a site plan, modifications and amendment may be considered following the procedures above. Site plan modifications may be considered minor or major as defined below. The fee for a minor site plan modification shall be one-half (1/2) the current site plan review fee. The Zoning Administrator shall determine if a site plan modification is minor or major using the criteria below. 1. A modification shall be considered minor if the Zoning Administrator determines the modification involves: a. A change in landscape area or open space of less than 10%; or b. A change in the total building footprint that is less than 10% of the initially approved building footprint; or c. An increase in building height at any point that is less than 10% of the initially approved building height; or d. Minimal adjustments to: i. the building footprint, location, or orientation; ii. the pad location; iii. the configuration of a parking lot or drive aisles; iv. project amenities such as, but not limited to, recreational facilities, pedestrian amenities, fencing or other screening material; v) residential density; or, v. the approved phasing plan; e. Does not modify any specific conditions of approval for the original site plan. 2. A modification shall be considered major if it does not meet the requirements to be considered a minor site plan modification. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. H.G. Special Use Permits, Temporary Use Permits. If the site plan is proposed for a property or use that will require approval of a special use permit or temporary use permit, the special use permit or temporary use permit must be considered and acted upon prior to approval of the site plan. The applicant may choose to have the site plan processed concurrently with a special use permit and considered by the Town Council with the special use permit. Section 2.04 Site Plan Review Regulations A. Purpose: The purpose of these Site Plan Review regulations is to provide for administrative review and approval of Site Plans for all nonresidential developments, multifamily developments having five or more dwelling units, and mixed-use developments, upon making a finding that the proposed development conforms to the intent and provisions of this Zoning Ordinance and all other relevant Town ordinances. These Site Plan Review regulations also provide for a two-step appeal of the Site Plan Review administrative decision first to the Planning & Zoning Commission and second to the Town Council. B. Applicability: All nonresidential developments, multifamily developments having five or more dwelling units, and mixed-use developments shall receive Site Plan approval prior to approval of construction plans related to a development. After a Site Plan and construction plans are approved according to this Section 2.04, and all fees have been paid according to the Town’s adopted fee schedule, a building permit shall be issued for the development. C. Application for Administrative Site Plan Review & Approval: A request for Site Plan Review & Approval shall be filed with the Planning & Zoning Division on a form prescribed by the Development Services Department. The request for approval shall be accompanied by 1 electronic copy of the Site Plan and 10 identical copies of the Site Plan, as follows: (i) scale of the Site Plan shall be not less than 1 inch equals 20 feet (for large-scale projects, the Development Services Director may allow a different scale); and (ii) the Site Plan copies shall be on one or more sheets of paper measuring not more than 24 by 36 inches, drawn to a scale, prepared by an Arizona registered Land Surveyor, an Arizona registered Civil Engineer, or an Arizona registered Architect, which show the following: 1. Legal description, property dimensions and heading, along with the name, address and telephone number of the owner, developer and designer. 2. A generalized location map showing surrounding land use, zoning, and traffic circulation patterns within a 300-foot radius of the property, measured in all directions from the perimeter of the property lines. A north arrow and scale shall be provided. 3. A narrative describing the project in sufficient detail to enable the plan reviewer to understand the scope and complexity of the project. 4. Site conditions information, including: a. A topographic survey extending at least 100 feet beyond the exterior property line of the site. Contour interval shall not exceed 2 feet within 20 feet of any proposed improvement and 5 foot intervals for the remainder of the lot or parcel. b. Location and extent of major vegetative cover (if any). All Saguaro cacti over three feet in height must be identified as well as significant vegetation and rock outcroppings as defined in Article 1 of the Subdivision Ordinance. c. Location and extent of intermittent streams and water ponding areas. 2.04 Site Plan Review Regulations | Fountain Hills Zoning Ordinance Page 1 of 4 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. d. Existing drainage, including arrows showing direction of flow. Show any areas of ponding. e. Natural features such as mesas, rock outcroppings, or streams and manmade features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered. f. A slope analysis map with categories of less than 10 percent, 10 to 20 percent, 20 to 30 percent and 30 percent and above. Identify hillside disturbance areas and Hillside Protection Easement (H.P.E.) areas with areas of each totaled in a table. Demonstrate compliance with the hillside disturbance regulation of the Town’s Subdivision Ordinance or specifically identify variations from these requirements. 5. Proposed land use areas and specifications, including use standards of each area: a. Proposed dwelling unit type, total land area and maximum density of residential use areas. b. Proposed uses, total land area and maximum lot coverage. List the individual square footage of all nonresidential buildings and disturbance areas. c. Proposed public streetscape and public and private open space improvements and their relationship to the overall development. d. Building heights, minimum lot areas and setbacks. Show the size and dimensions of yards and spaces between buildings and show the location, type and height of walls and fences. e. Building elevations and architectural renderings showing architectural theme colors and type of exterior building materials for each structure or group of structures. f. A graphic representation of the proposed landscaping treatment, plant materials, fences, walls and other site plan and open space improvements, in accordance with the Subdivision Ordinance. g. Proposed location and width of any arterial, collector or local streets. h. Proposed location and use of all lands proposed to be dedicated for public purposes including parks, storm water retention areas and school sites. i. If structures are proposed, show cross-sections through site and building at 25 foot intervals perpendicular to slope, giving percentage of slope at each, and showing exact heights of structures at each existing contour. j. If structures are proposed, each floor level shall be shown with different shading with a legend giving grade or elevation of each level. k. If a garage(s) is proposed, the proposed elevation or grade at garage floor and at existing street level at drive entry. Give percentage of total average slope, and percent and length of single steepest portion of driveway. l. The individual square footage of buildings, garages, patios, footprint, and disturbance area. 2.04 Site Plan Review Regulations | Fountain Hills Zoning Ordinance Page 2 of 4 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. m. All disturbed (or graded) areas and the proposed method of final treatment. Indicate all retaining walls, showing the actual heights. n. Existing and proposed grades and drainage systems and how drainage is altered, how it is redirected to original channel and show that the requirements regarding storm water runoff and drainage have been met. o. Location, number of spaces, dimensions, circulation patterns, and surface materials for all off-street parking and loading areas, driveways, access ways, and pedestrian walkways. The acceptability of any proposed shared parking arrangement must be validated in a study prepared by an independent traffic expert approved by the Town and whose services are paid for by the applicant. p. The location, dimensions, area, materials, and lighting of signage. q. A lighting plan in conformance with Chapter 8 of this Zoning Ordinance. r. Street dedications and improvements. s. The size and locations of all existing and proposed public and private utilities. All easements must be shown and given in writing. t. A phasing plan, if the project will be completed in phases, indicating which improvements will be completed in each phase. u. A traffic analysis, unless waived by the Development Services Director. 6. If the site contains unique features requiring additional analysis, any other information the plan reviewer reasonably determines to be necessary to establish compliance with this Zoning Ordinance. D. Fee: The application for an Administrative Site Plan Review & Approval shall be accompanied by a filing fee, which shall include Town staff review time costs, in an amount established by a schedule adopted by the Town Council either as part of its annual budget or by separate resolution. No part of the filing fee shall be refundable. Payment of the filing fee may be waived when the petitioner is the Town, county, state, school district, or federal government. E. Review Procedures: For each Site Plan submitted, the Planning & Zoning Division shall determine administrative completeness, determine substantive completeness, review and consider approval within the time periods adopted by resolution of the Town Council in compliance with ARIZ. REV. STAT. § 9-835, as amended. F. Appeals: The application for an appeal of an Administrative Site Plan Review decision shall be made within 30 days of said decision and shall be accompanied by a filing fee in an amount established by the Town Council as part of its annual budget or by separate resolution. No part of the filing fee shall be refundable. Payment of the filing fee may be waived when the petitioner is the Town, the federal government or a county, state, school district, or sanitary district. 1. Any applicant for Administrative Site Plan approval who is dissatisfied or aggrieved by the decision of the Planning and Zoning Division may, within 30 days, appeal the decision to the Planning & Zoning Commission. 2.04 Site Plan Review Regulations | Fountain Hills Zoning Ordinance Page 3 of 4 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Town Website: www.fh.az.gov Code Publishing Company The Planning & Zoning Commission may approve, conditionally approve, continue to a later date or deny said Site Plan based on compliance with all provisions of this Zoning Ordinance. 2. Any applicant who is dissatisfied or aggrieved by the appeal decision of the Planning & Zoning Commission may, within 30 days, appeal their decision to the Town Council. The Town Council may approve, conditionally approve, continue to a later date or deny said Site Plan based on compliance with all provisions of this Zoning Ordinance. G. Expiration of Site Plan Approval: 1. A Site Plan approval becomes void if a building permit has not been issued within one year from the date of the approval. 2. If the applicant files for an extension prior to the Site Plan approval becoming void, an extension may be granted by the Planning & Zoning Division. H. Special Use Permits, Temporary Use Permits, Waivers Requests: Administrative Site Plan Review approval shall be permitted for temporary use permits and administrative use permits. Administrative Site Plan Review approval shall not be granted if all Zoning Ordinance provisions are not fully met or if one or more special use permits or waivers are necessary. In such cases, applications must be heard by the Planning & Zoning Commission and Town Council as follows: 1. The Planning & Zoning Commission shall review and consider the Site Plan along with any Special Use Permit or Waiver requests. Applications shall be filed with the Planning & Zoning Division on a form prescribed by the Development Services Department. The application shall be accompanied by a detailed Site Plan prepared in accordance with Subsection C of this Section showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this Zoning Ordinance. 2. The Planning & Zoning Commission shall forward a recommendation for approval, conditional approval, or denial to the Town Council. The Town Council shall consider the request within 30 working days of the Planning & Zoning Commission forwarding its recommendation. 2.04 Site Plan Review Regulations | Fountain Hills Zoning Ordinance Page 4 of 4 The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022.