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HomeMy WebLinkAboutAGENDApacket__03-13-23_0511_437       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, MARCH 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  February 13, 2023.     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. CONTINUED FROM THE MARCH 13, 2023 PZ COMMISSION MEETING     6.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Amendments to Zoning Ordinance Chapter 6, Sign Regulations.      7.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 23-05, Parking Ordinance, repealing and replacing Zoning Ordinance, Chapter 7, Parking and Loading Requirements.     8.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 23-06, Site Plan Review Ordinance, repealing and replacing Zoning Ordinance Section 2.04, Site Plan Review Regulations.     9.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.    a.Provide comments on the architectural design for development at 15006 N. Ivory.    10.SUMMARY OF COMMISSION REQUESTS from Development Services Director.    11.REPORT from Development Services Director.    12.ADJOURNMENT      Planning and Zoning Commission Meeting of March 13, 2023 2 of 3   CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Planning and Zoning Commission with the Town Clerk. Dated this ______ day of ____________________, 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 March 13, 2023 3 of 3 ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/13/2023 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  February 13, 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 February 13, 2023.   SUGGESTED MOTION MOVE to approve the regular meeting minutes of the Planning and Zoning Commission  February 13, 2023. Attachments SUMMARY MINUTES & VERBATIM TRANSCRIPT  Planning and Zoning Commission Meeting of February 13, 2023 1 of 2 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION FEBRUARY 13, 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 February 13, 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; Commissioner Clayton Corey; Commissioner Patrick Dapaah; Commissioner Susan Dempster; Commissioner Dan Kovacevic; Commissioner Rick Watts, Jr. Absent: Vice Chairman Scott Schlossberg Staff Present: Development Services Director John Wesley; 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 February 13, 2023. MOVED BY Commissioner Dempster, SECONDED BY Commissioner Kovacevic to approve the Planning and Zoning Commission minutes of the Regular Meeting of February 13,2023. Vote: 6 - 0 – Unanimously 5. REVIEW, DISCUSS, AND PROVIDE DIRECTION: Draft amendments to the Zoning Ordinance, Chapter 7, Parking and Loading Requirements. Discussion only. No action taken. 6. DISCUSSION OF possible revisions to Zoning Ordinance Section 2.04, Site Plan Review Regulations. Discussion only. No action taken. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Planning and Zoning Commission Meeting of February 13, 2023 2 of 2 7. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 8. REPORT from Development Services Director. 9. ADJOURNMENT The Regular Meeting of the Fountain Hills Planning and Zoning Commission held February 13, 2023, adjourned at 7:06 p.m. PLANNING AND ZONING COMMISSION Chairman Peter Gray ATTESTED AND PREPARED BY Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Planning and Zoning Commission, Fountain Hills in the Town Hall Council Chambers on February 13, 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this day of February 13, 2023. Paula Woodward, Executive Assistant TOWN OF FOUNTAIN HILLS Page 1 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 1 of 30 Post-Production File Town of Fountain Hills Planning & Zoning Commission Meeting Minutes February 13, 2023 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 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 2 of 30 CHAIRMAN GRAY: All right. Let's go ahead and call this meeting to order. This is the February 13th version of the Town of Fountain Hills Planning and -- did I say 13th -- Planning and Zoning Commission. Let's rise for Pledge of Allegiance and a moment of silence please. [Pledge] CHAIRMAN GRAY: All right. Paula, roll call please. WOODWARD: Commissioner Corey? COREY: Here. WOODWARD: Commissioner Dapaah? DAPAAH: Here. WOODWARD: Commissioner Dempster? DEMPSTER: Here. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Here. WOODWARD: Commissioner Watts? WATTS: Here. WOODWARD: Vice Chairman Schlossberg? Chairman Gray? CHAIRMAN GRAY: Here. Thank you, Paula. Agenda item 3, call to the public. Paula, any speaker cards? WOODWARD: No, Chairman. CHAIRMAN GRAY: Bob, anything? All right. Number 4, consideration and possible action on the regular meeting minutes from the January 9th engagement. Commissioners, discussion or a motion please? Mrs. Dempster? DEMPSTER: I will make a motion to approve the regular meeting minutes from our -- I just lost the date -- January 9th, 2023, meeting. KOVACEVIC: I'll second. CHAIRMAN GRAY: All in favor. ALL: Aye. WOODWARD: 6-0. CHAIRMAN GRAY: Thank you. And number 5, review, discuss, and provide direction TOWN OF FOUNTAIN HILLS Page 3 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 3 of 30 only on draft amendments to the Zoning Ordinance, Chapter 7, Parking and Loading Requirements. Mr. Wesley? WESLEY: Chairman, Commissioners, welcome. So I do have a presentation here that I can go through that steps through pretty much what was in the staff report and the ordinance. I will want to comment that I did get feedback a couple weeks ago from Commissioner Watts on what I'd sent out, and if you look closely at the code that was attached to the staff report, it was slightly different than the one that I sent out previously because there's some good comments that he made, suggestions, and items that I cleaned up a little bit based on his comments. And I know there were a few things that he had that I didn't quite address, I'm sure he's going to bring those up. I guess I'm saying all that just kind of wondering how much I need to -- particularly since we have no audience here, I'm not sure that I need to go through this presentation, or how much, Chairman, you're ready maybe just to see what comments people have from the review and save, you know, going through the presentation, either way that you'd like to approach this. CHAIRMAN GRAY: Commissioners, strapple (ph.) presentation or straight to comments? COREY: Comments. CHAIRMAN GRAY: Comments. WESLEY: Okay. CHAIRMAN GRAY: All right. WESLEY: I'm good with that. And I did include in here, because I thought one of the things -- well, I guess now that I said that, there were a couple things that I had as I went back through it, and one is this standard about the 50-foot separation from a drive aisle with a cross drive and parking spaces. As I was thinking about that and looking at some of these illustrations here in town I wondered if maybe that was a little bit much, if maybe 30 feet might be better, if I was being too restrictive. But we'll leave that, again, up to your comments. And another one that I had was with the electric vehicle charging station. As I said in the report, and I didn't have anything really new yet, I haven't been able to spend much time TOWN OF FOUNTAIN HILLS Page 4 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 4 of 30 looking at it, but the little bit I have I'm not really finding anything different. In talking with Public Works director and some of the experiences he's had in trying to put those in here in town, there are some challenges. So again, I'm not sure if we feel like we could get there or not, but those were two in particular that I wanted to highlight. So and I guess where I was going, is I did include in here the table of the scheduled parking spaces because I thought that may be one of the places you'd want to go through in a little bit more detail. But anyway, with that, Chairman, yeah, whatever questions, comments you want to go to. CHAIRMAN GRAY: Commissioner Watts? WATTS: John, I'm still in favor of the 50 foot simply because some of the vegetation, some of the landscaping, a variety of the corners on Saguaro, where I've actually seen it. WESLEY: Um-hum. WATTS: And it's been pretty restrictive. If we can get it cut back -- I don't know if there's a grandfathering issue that some people who have put shrubs in, and now they've grown. WESLEY: Um-hum. WATTS: If we went to the 30 foot, which does make sense except for those areas where it's effectively overgrown, then how do we police it, how do we either push back on the 50 feet or the 30 feet? WESLEY: Okay. Yeah, Commissioner Watts, that's a good point. And we do have in the code in the landscape section the idea that you're supposed to maintain between -- I can't remember if it's two feet or three feet and seven feet as being open. And particularly in the sight triangles, they're supposed to maintain visibility. So if we got issues there, it's probably something our code enforcement officers haven't been paying attention to, nobody's complained about them, they haven't been thinking about them. But we could -- because those ordinance requirements have been in the books for quite a while -- could go back and try to enforce more of those sight visibility issues WATTS: I think some areas really do have a restriction or very restrictive view. And if we -- I don't know if somebody has to make a complaint for code enforcement to do something or how we address that. . TOWN OF FOUNTAIN HILLS Page 5 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 5 of 30 WESLEY: They don't have to. It's helpful when they do because -- WATTS: Um-hum. WESLEY: -- they've got a number things they're working on, and they may not notice a particular thing somebody else has. It helps them then to focus their attention on it. WATTS: Okay. Either way, if we could get enforcement, it would be nice. I could live with the 30 feet but my preference without enforcement would be 50. The second comment I've got is related to the foot-candle requirements for parking lots. As I drive around town and look at night, some of the locations that have rather large parking lots are pretty dimly lit, and I think this becomes a safety issue. And there's a conflict between Dark Sky, where we want to keep things muted as much as possible, but also if there's a safety component for some of our citizens. And there is an industry -- or not an industry -- an association that's called the Illuminating Engineering Society that the Department of Energy subscribes to, as well as the Association of Energy Engineers, and they define what the foot-candles should be at the plane of measurement, and the plane of measurement in this case would probably would be around 48 inches. And it should be somewhere between a minimum of one and maximum of five foot-candles. So I think without that, some people are taking advantage of either warn-out lightbulbs, lamps, or they just didn't put enough in. So I would be still a proponent of saying have some sort of a standard that we can measure against. WESLEY: Right. And Commissioner, when you suggested that before, again, I didn't have a lot of time maybe to do the follow up. When we get the photometric plans that come in and they show us the foot-candles, I don't know if that's on the ground at five feet up, at ten feet up. I don't know how they do that when they calculate those, if there is an industry standard for where that foot-candle is, so I need to find out a little bit more about that. It may already be done at a 48 inch mark. That may be the standard when they calculate that, I just know. WATTS: So I think the majority of the lighting plans that come in come in talking about lumens as opposed to foot-candles. WESLEY: They're foot-candles. WATTS: It is foot-candles? WESLEY: Yes. TOWN OF FOUNTAIN HILLS Page 6 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 6 of 30 WATTS: Then the foot-candle, the definition of that is the number of lumens at a particular work plane. Now, I don't think, you know, if you're at a desk, you know that that's going to be like 32 inches or so. But if you're in a parking lot, we'd have to define that and say that's where I suggested the 48 inches, basically the hood of a car or where an access to a vehicle is. So -- WESLEY: We can follow up on that and again, I'll see if we can find out -- WATTS: Okay. WESLEY: -- when somebody gives us a plan, where they calculate that. Is it the ground? Is it 48 inches? You know, where is it? What is it, a foot from the light or what? So -- WATTS: Right. But those the two associations, Association of Energy Engineers, as well as the Illuminating -- now I can't remember the dog-gone middle one. But it's IES is who it is, Engineering Society, that's what it was. WESLEY: I'll see what we can find out. WATTS: Thank you. WESLEY: So I guess Mr. Chairman, if you may, just one more comment kind of introductory here I should've said. You're probably already aware. I had thought I would be noticing this meeting as a public hearing on this so you could potentially take action. I got busy. I lost track of the time. I didn't get the notice published, so we're definitely coming back for at least one more meeting for a public hearing before we can actually take action. So we have a month, at least a couple weeks before I have to write a report to look into some of these things and make any modifications. CHAIRMAN GRAY: Commissioner Corey? COREY: Thank you. Yeah. I just first wanted to comment that the new version reads a lot better; it's clear; it's simple. Just in comparing the two, I think anybody reading it is going to get a much better understanding. You seemed to remove a lot of unnecessary stuff there. So just wanted to say that. WESLEY: Thank you. COREY: And then I noticed that there was the term group housing. Did we want to call that community residence or is that referring to something different there? WESLEY: So here it's referring to a broader category at this point. Just go back up. So TOWN OF FOUNTAIN HILLS Page 7 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 7 of 30 when you are in a community residence that's in a single family zoning district, as we talked about before, is we consider that, for all intents and purposes, that's the same as a single family home, and so we really can't single that out for different regulation. If you move beyond that into some of the other types of group housing -- COREY: There we go. WESLEY: -- such as boarding house, or dormitory, fraternities, then those are different type of housing. That's what we have listed here. COREY: Okay. So we still have that term but it's referred to in a different way, dorm, fraternity, sorority, boarding house. Okay. I'm trying to understand that one. One other thing I didn't see in here was length of parking. So is that something that maybe we could address in here, how long? For example, a car sitting on the side of the road might be parked for a certain amount of time before somebody may come around and tag it or something? WESLEY: So this ordinance deals with off-street parking. On street parking is handled in Chapter 12 of the town code. And there are provisions in there for how long it can be parked and allows us to sign areas for no overnight parking, that type of thing. Which gets back to, again, one of the other things I brought up in the staff report in terms of could we, should we within this chapter do something more to regulate overnight parking. There being a concern about people that are otherwise shelter challenged taking a vehicle, and parking in a parking lot, and living there. It's not clear whether or not the existing town code that we have that says no overnight parking applies just to right of ways or can also be applied to private property. It doesn't really state one way or the other. When it was adopted it was only being thought of in terms of right-of-way parking. Again, it doesn't limit itself in the plain language of the code to do that. And property owners sure have the opportunity under other provisions of the code to post their properties for no parking or no overnight parking. So that's already something that's in the code. Could it be beefed up? Possibly. Is it better in the zoning ordinance or better in the parking provisions of the town code is a little bit of a question, but mostly personally think it fits better in Chapter 12 of the town code that deals with that type of parking issue as opposed to this land use design kind of look at parking. But I'm always open to suggestions and taking direction from the Commission. So -- TOWN OF FOUNTAIN HILLS Page 8 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 8 of 30 CHAIRMAN GRAY: I'm more interested in the -- I had a similar note, not related to that scenario, I was more coming from the angle of overnighted or long-term parked vehicles above a certain gross vehicle weight is something that you see a lot. And I was actually going to go similar path you did to the Chapter 12, which was you see semi-trailers, you know, parked in the downtown Overlay District overnight, you know, and over the weekend. And so you know, I guess I don't necessarily have an issue with it but it's probably not what we want to be promoting. So maybe we look at Chapter 12 at some point in the future. WESLEY: Right. And one of the other things that gets a little bit challenging sometimes is when you've got a place that is private property and has work vehicles, or storage of vehicles versus parking of vehicles because they're there for extended periods without being moved. Then we try to treat those a little differently in terms of them being need to be stored versus parked, and need to be screened. CHAIRMAN GRAY: Commissioner Dempster? DEMPSTER: Thank you. Thank you, John. This was laid out in a great fashion and I appreciate all the work. I love the addition of the bicycle information and a lot of the visuals, especially the line of sight visual with the, you know, the two feet of wall and bushes, and then the seven-foot clearance. I think that was an excellent show of the zone that needs to be kept free and clear. I have a couple questions. Just clarification. The one in regards to aircraft, the suggestion is to remove it. But if that does come up, then what would -- say someone in the industrial area needs to park a aircraft; would they have to get permission or -- WESLEY: I think, Chairman, Commissioner Dempster, I guess I don't really see parking an aircraft. I can see storing an aircraft. DEMPSTER: Or storing, yep. WESLEY: So I think it's more of looking at our storing provisions, storage provisions, and how those are treated as we get a chance to look at that. DEMPSTER: Do we have any provisions? WESLEY: In the zone ordinance, yes, there are provisions -- DEMPSTER: Okay. TOWN OF FOUNTAIN HILLS Page 9 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 9 of 30 WESLEY: -- generally for storage. They don't talk about aircraft specifically, but they do talk about storage of equipment. DEMPSTER: Okay. And then my other question is the scheduled required parking spaces. Fountain Hills is not typical with public transportation, and Lyft, and buses, and Uber. So is that taken into consideration in reducing or making any changes to the numbers? WESLEY: So Chairman, Commissioner, so yes. If we look at this page with regard to the residential, which is where you see it the most, is no, I kept those the same. We've heard in some of the past site plans that the Commission has looked at where the arguments have been made, oh, we need to reduce it because we're a little bit higher than other communities, and we've maybe ended up doing that on a case-by-case basis. But for the reasons you've just stated, I've not seen us being that directly applicable to other communities in the Valley because of our limited right options. And as I looked in a number of other publications as outlined in the report, you see some variation, but this is really fairly typical, the numbers that we have here. The one modification I did make was for if it is designated senior housing, is that we can have it. But other than that, I left them the same. DEMPSTER: Okay. Thank you. And another question about, let's see, I think this was in the location restrictions, item 7, within two feet of the nearest part of a fire hydrant. I thought the distance from a fire hydrant was more than two feet. And maybe I'm misreading it but if you could clarify that please. WESLEY: Do you have a section number on that so I can make sure I'm reading the right one? DEMPSTER: It is -- CHAIRMAN GRAY: It's in the higher density residential driveway section, I think. WESLEY: Okay. That's where I was. DEMPSTER: Or 5 of 30. I have it on 5 of 30. Is it in 10 of 30 as well? WESLEY: I'm looking for location in 705-A and it doesn't state it there. DEMPSTER: 703 -- let's see. 703-G and item 7. WESLEY: I'm looking at the strike through. I probably should go to the clean one, maybe I'd find it faster. Okay. Now I found it. Okay. So what are we talking about TOWN OF FOUNTAIN HILLS Page 10 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 10 of 30 here? This is for -- thank you, thank you. So this is where a driveway can be located in relationship to various things. DEMPSTER: Okay. WESLEY: And so it's not parking per se, but it's the driveway. So you must have a driveway at least two feet away from the hydrant. DEMPSTER: Okay. Thank you. And then one more I think. No. No. I'm good. Thank you so much. WESLEY: Okay. Thank you. CHAIRMAN GRAY: John, I just have couple notes, none of them significant really. Just a couple clarifications as I was reading through. The section on residences I think under 4, that was the only section that didn't specifically call out types of surfaces for driveways. And I'm in favor of that, I just wanted to make sure that -- so the other sections all call out impermeable asphalt pavers. WESLEY: So the surface type material? CHAIRMAN GRAY: Yeah. That's the only section that doesn't do that. And frankly I'm in favor of impermeable -- or sorry, permeable surfaces, and you know, native. So I think that that's good but I just want to make sure we knew that. WESLEY: Yeah. So we moved that up to 703 for general statement for both, for all parking and drive locations. So it does keep the requirement for the asphalt concrete and so forth, but does, in addition to that, give the town engineer a little bit more authority to consider alternatives in site-specific locations. CHAIRMAN GRAY: Okay. WESLEY: So we can get more of the permeable if it's appropriate. CHAIRMAN GRAY: And then he doesn't necessarily have that latitude on the higher density commercial locations then, or he does still? WESLEY: No, it's for all the drives. CHAIRMAN GRAY: It's for all, okay. WESLEY: Yes. CHAIRMAN GRAY: Okay. And then in the table, just parlaying a little bit on Commissioner Dempster's statement. The one area that I thought, and I don't know that this ever plays out from here forward, you know, maybe state land I suppose. But the TOWN OF FOUNTAIN HILLS Page 11 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 11 of 30 ratio of parking on golf courses seemed really light to me. WESLEY: Okay. CHAIRMAN GRAY: And it says two -- I think it says two per tee box essentially. And I think by the time you account for the FTEs it takes to operate the course, you know, plus your score card or your tee sheet is full, you know, plus those that are, you know, warming up, I think that that ratio probably needs to be bumped up. I don't know what the appropriate number is but -- WESLEY: I look back at some other examples and see what I can find. CHAIRMAN GRAY: And then curious among yourself and Commissioners, I find myself kind of always in favor of reducing the whole, you know, reducing pavement, reducing heat island. You know, I want to ensure we have appropriate parking when developments come around but I don't want to overpark developments either. And what I'm curious about is, do we look at, or can we look at, you know, the scenario where you've got public adjacency, where you've got planned, you know, where you've got planned striped spaces, can we look at off loading a percent of your required to that public allocation? I don't know if that make sense or not. But can you say ten percent of my spaces I'm able to levy the city spaces that are striped on the adjacent street as part of my calculation to reduce that pavement footprint in exchange for landscape. I'm not saying that that allows any other change. I'm not saying that allows for a larger structure or more structure in any way shape or form, but exchange pavement for softscape by levying city spaces. And then just to tie a bow on that, I would want -- if that was something that we thought was something that could be entertained, I would want to make sure that that spillover calc did not include anything that wasn't a striped planned space, you know, by the municipality. So it doesn't extend to the 30-foot-wide, you know, residential streets, or you know, anything of the collectors. It's just, you know, planned spaces, you know, along the avenue or wherever. WESLEY: I thought (indiscernible) going to jump in, I'll make a comment or two and see where it goes. But Chairman, just again, just thinking, you know, as you're talking and what the implications are, the opportunities are, and sort of the primary one is in the town center. TOWN OF FOUNTAIN HILLS Page 12 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 12 of 30 And when we look at the Plat 208 area, basically we don't require any parking for any buildings in that area because it's assumed that the common parking behind takes care of the -- all required parking for up to three stories on each of the lots, except for the larger corner lots that were required to provide some of their own parking. Then when we look across the street on this side where we have, you know, the Park Place development going in, and Town Hall, Park Place has already provided all of its parking, or will as it developed. As we move outside of these areas and the other commercial areas, so we're talking northside of Palisades, or over off of Fountain Hills Boulevard with the Safeway and that type of location. I don't know if there's -- CHAIRMAN GRAY: Yeah. There's not many scenarios where it would play out. WESLEY: Yeah. CHAIRMAN GRAY: It's just an opportunity to maybe cut into that whole heat island effect. WESLEY: Right. And understand that is a, you know, good consideration. You know, I'm just not sure about what opportunities we would have practically to do something along that line. But the Commission is interested in that, I'll be glad to take a look and see what (indiscernible). CHAIRMAN GRAY: Or maybe there's an opportunity for the city to participate in that where, you know, maybe the development, you know, or maybe development that's coming back next month, you know, maybe that's not a good example. Maybe the opportunity for the city is, yeah, the city could be providing, you know, X number of spots that are, you know, that are communal use available to the city, you know, available to the public in exchange for that ratio of soft scape to parking. But anyway, that was just one thought. And then kind of in concert with that, if we could, and I realize it's generally probably cost prohibitive. But I'm really kind of promoting the permeable surface type instead of the, you know, instead of the traditional asphalt or concrete lots. It was just another thought. And then all of the exhibits, I think a lot of those exhibits were in the previous, they were just really grainy and hard to, you know, hard to pull out. Are we better off to cite or reference kind of the AASHTO's manual with any of those because I noticed they're all TOWN OF FOUNTAIN HILLS Page 13 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 13 of 30 exhibits in there but they don't have, you know, references where they originate from. And you know, you always talk about AASHTO sight triangles and so on. I mean, leave the exhibits, but are we better to get a statement in there kind of backstopping the, you know, details, you know, in relation would have to be referenced in AASHTO guidelines, or the AASHTO book. WESLEY: Oh, excuse me, Mr. Chairman, the sort of the sight triangle, it does come from national standards, and that could be cited. I'm not sure if I'd talk to the town engineer how much -- if there's any variation locally in that basic sight triangle standard. But just looking quickly through the illustrations and thinking about what's in them, most everything else just relates back to illustrating what's in this ordinance and isn't really based on national standard or some other document. CHAIRMAN GRAY: So we're confident that our details are at that standard or better? WESLEY: Yes. Again, because they are documenting the words in our ordinance, so you can see it graphically to help you understand what the words are saying. CHAIRMAN GRAY: Okay. But the provision on tandem parking, I think the language is something to the effect of, you know, at the discretion of type of scenario. I think that maybe that could be strengthened a little bit to, you know, essentially tie that down to a scenario where the tandem parking would have to be deeded with units, it couldn't be used in the aggregate calculation. It would have to be, you know, tied to the units type of thing. So you know, tandem when deeded, if you will. WESLEY: Right. So for the monthly residents, it does say that they can only be used when the spaces are assigned for the units, or if it's spillover parking, or something beyond what's required by code. CHAIRMAN GRAY: Okay. Just so long, yeah. Just so long as that can't be levied in the -- WESLEY: Um-hum. CHAIRMAN GRAY: -- in the aggregate calc and really not made available. Then the last one that I had was on the alternate curb details, the remove and replace for driveways. Are those details, are they actually in the code somewhere or is that just at the engineer's discretion? WESLEY: Mr. Chairman, so you know, the town does have its standard details for the TOWN OF FOUNTAIN HILLS Page 14 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 14 of 30 different curb types. And so I guess years ago a lot of these, what are they, B curbs were put in. That's not really the preference, so as people do work to change out curbs, we have them put in the standard six-inch curb. CHAIRMAN GRAY: Okay. Those are my comments. Commissioner Watts? WESLEY: So excuse me. I've got if -- you don't mind, that reminded me of one more that I had. Just to make sure again the Commission is clear on this. One of the items we've talked about, and it's included in here, is for covered parking. And as it would apply in a single residence zone, the covered parking is typically in your garage. And so one of the impacts this would be, if somebody wants to convert their garage into some kind of livable space and no longer use it to park their vehicles. So they've got their driveway to provide those two spaces, but they'd now still be required to be covered. So they would have to put a cover over that, and many times that driveway is not going to be deep enough to allow covered parking because you'd be in the set back. So just wanted to make sure you're clear on that if you move forward with including that requirement for single residents that that is one of the impacts. It may limit conversion of garages to livable space. COREY: And that would be -- I mean, that would be preferable I would -- I've seen this happen around town a few times and it looks like, you know, they replaced the garage door with sliding doors or something, expand the square footage of their house, but now the cars have to park very close to the street, and doesn't look as nice as it did before they did that. CHAIRMAN GRAY: It's the arcadia affect. Commissioner Watts? WATTS: A couple comments and a question for you, John. The first comment is, I agree that the golf course parking probably is light at two, probably going to go to four at least, plus an accommodation, and maybe another six for driving range, but you've already taken into account the employees when you say others. So that seems to be fairly easy to address. Pretty straight forward. The other comment was do we by not having a hard surface -- and I agree that it should be a permeable hard surface like pavers or something -- do we run afoul of Maricopa TOWN OF FOUNTAIN HILLS Page 15 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 15 of 30 County dust ordinances though? And if we do that, you know, you could grandfather in the existing lots where houses have used pea gravel, or dirt, or whatever. But do we really want to expose ourselves to something that we might have county issues with as well? So comment. WESLEY: Mr. Chairman, if I may respond to that one. The language that's proposed is request for use of alternative material must include documentation showing how the material will perform under normal use, and not result chipping, dust, track out, or any other issues determined by the town engineer that will adversely affect the adjacent town right of way. So they have to document or show that they are putting in this alternative material that won't go afoul of basically the county rules. WATTS: But that doesn't allow for a softscape dirt, a road. You have to do something with it -- WESLEY: Right. WATTS: -- to eliminate the dust. WESLEY: Correct. WATTS: I guess that's my point. WESLEY: Right. WATTS: To make sure that we don't allow streets and driveways that don't have some sort of dust control. WESLEY: Correct. WATTS: The golf course one I mentioned. And can I get some -- I'm not quite sure I follow what you're saying about the accommodation. Can you -- CHAIRMAN GRAY: So it's not -- WATTS: -- go slow with that one? CHAIRMAN GRAY: So I haven't seen this anywhere in the southwest. I've seen it in other places though where in denser areas you're allowed to take a percent of your parking requirement if you have immediately adjacent, you know, municipal provided spaces. If they're just, you know, public spaces, you know, allow, you know, use at random, you're allowed to take a discount on your onsite provision. And you know, like, we talked about, there's not probably that scenario that ever plays out here, it's just in my mind if it would, it's just kind of preparing for the, you know, if that ever were to prevent TOWN OF FOUNTAIN HILLS Page 16 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 16 of 30 itself, it's an opportunity just to cut down on that pavement, you know. You know, if you've got 25 spaces that the town has, you know, already as curb parking, whether it be parallel or pull in, you know, off of existing street infrastructure, you know, at the engineer's discretion you could -- if they were lighter used spaces, you could pull those into your equation so you're not, you know, leaving those spaces unutilized and building out your entire allocation. So yeah. I take it or leave it. It's just a opportunity to cut down on pavement. WATTS: Well, it's kind of like the same thing where you can lease parking spaces. But we have yet to see any development that has come in that has had significant excess spaces. They're always pretty skinny trying to build out the footprint to maximize their profit on whatever their project is. So I think that would be few and far between particularly with the term immediately adjacent. You know, when you have that, that does a lot of limitations. But I appreciate the clarification. I just don't know if it's -- I think if you do that you've got to eliminate the ability for a contractor, project developer, whomever to lease the spaces that aren't adjoining because I think that provision is still in the building code, if I'm not mistaken. WESLEY: Yes. CHAIRMAN GRAY: Yeah. We had that come up fairly recently, right? WATTS: Yes, we did. CHAIRMAN GRAY: And I don't really care for that provision at all but this is just an idea to cut down -- you basically horse trade softscape for hardscape. WATTS: So should we eliminate the ability to lease parking spaces at this point -- at this juncture where -- CHAIRMAN GRAY: I just -- WATTS: -- we've got the opportunity to include both? CHAIRMAN GRAY: I just don't see how the leasing of spaces is sustainable long term. I don't see how we stay on top of that from a city perspective. But -- WATTS: Well, I think that's up to the plan reviewer to make sure that he validates. If you require 150 spaces, and he has 100, but he's leased 50 spaces down the street from Joe's then how are you going to make that accommodation. So -- CHAIRMAN GRAY: Yeah. TOWN OF FOUNTAIN HILLS Page 17 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 17 of 30 WATTS: -- building -- CHAIRMAN GRAY: But what happens to Joe when he wants to sell to Mike, and Mike wants to redevelop, you know? WATTS: I guess -- CHAIRMAN GRAY: I just don't know that that gets caught, you know, in the second and third tier. WATTS: But then the town has a problem. CHAIRMAN GRAY: The arm's-length transa -- yeah, right. WATTS: That's the issue. So -- CHAIRMAN GRAY: So I think your point is, should we eliminate it? And I think you're probably onto something there. I just don't like the provision in the first place. WATTS: I don't either. Agree. Well, John, it sounds like we've thrown it back in your court. WESLEY: Well -- WATTS: Not that that's unusual. WESLEY: -- that's what I'm here for. CHAIRMAN GRAY: So and just one more on the permeable piece. The only scenario -- I agree with you. I think that -- and maybe we do need to introduce, you know, something just to catch all 80 EQ, you know, conformants, and really around that PM10 program, right, is really where we -- that 10-micron particulate. WESLEY: Right. CHAIRMAN GRAY: What I was angling for is, you know, there' s a lot of really good, you know, cellular type, you know, engineer devices now, or engineered fabrics now that can be laid and then filled with a stabilized EG, and you know, it's a permeable yet structural surface that, you know, that meets, you know, meets all of those -- ticks all of those boxes. That's really what I was angled for as a potential alternate, not to get to, you know, dirt roads because I agree with you. You know, you go to dirt and then you're immediately in the sights of PM10 program. WATTS: I think if you had qualifier in there that said you had something like an ICBO number that would validate the viability of that substrate that may manage the dust. But I think the caveat here is the wording of dust control, so I would like to see that. But if you TOWN OF FOUNTAIN HILLS Page 18 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 18 of 30 had an ICBO number that just said okay, it's fine, then I'm good with that. WESLEY: Mr. Chairman, if you don't mind me jumping in again. I'll sort of look back at that specific language, it sounds like we can tweak that just a little bit and make it a little bit stronger. But also from what I'm hearing you say, I'm wondering if I could add another purpose statement that speaks a little bit to the desire for some flexibility and creativity in design that would address some of those things that you've been -- CHAIRMAN GRAY: Yeah. WESLEY: -- thinking about. If we put it there, and that way we're not hamstringing ourselves if anything, or requiring a specific thing. But at least we can plant that seed and help people think then about maybe more creative ways -- CHAIRMAN GRAY: Yeah. WESLEY: -- to approach it. CHAIRMAN GRAY: I like that. I mean, you know, I'm not stuck on any one of these, they're just suggestions. So I like that. And we're sure we want to get rid of the aircraft piece? WESLEY: I haven't seen a lot of them parked here yet, so I think we're okay. DEMPSTER: Hey, you know, I have an airplane in my future. May I just -- would the Four Peaks Plaza, also known as Target Plaza, be something that Chair Gray is speaking about? That parking lot seems to have excessive, you know, excessive parking available. I've never seen it full and there could be -- that could be a situation where that would work potentially. WESLEY: Yes. CHAIRMAN GRAY: Yeah. The challenge there is we wouldn't have the adjacent city spaces to offset that. COREY: (Indiscernible) drive all the way down to use it. DEMPSTER: Yeah. Golf cart, shuttle. COREY: Just one point of clarification around the parking though. Did we not recently a few months ago talk about a scaled-down version of our parking requirements? And I can't remember how it was worded but around the 100 and 125 percent or something. We -- WESLEY: It's -- TOWN OF FOUNTAIN HILLS Page 19 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 19 of 30 COREY: What was that about? WESLEY: That's in here. COREY: Okay. WESLEY: That's in section 706 just before you get into the table of required spaces, I believe is where it's at. Whoop, I went past it. I think maybe I didn't. COREY: I have 704, right? WESLEY: So it does -- we did have in here that the maximum number of parking spaces, yeah, 706-G. CHAIRMAN GRAY: Okay. WESLEY: 125 percent is the maximum but we did leave the caveat, again, that you could go above that with permeable surface. COREY: Okay. But that 125, wasn't that scaled down a little bit from what we had previously? WESLEY: No. We haven't had that previously. There's been no maximum previously. COREY: Okay. Or was there a minimum that we had switched to? WESLEY: Yeah. The -- COREY: To a lower minimum? WESLEY: Well, the table that you see here is the table of the minimums. COREY: Sorry. I can't find 7-6. Can somebody tell me what page this is on? DAPAAH: It's 21 of 30. COREY: Thank you. 21 of 30. WESLEY: In the strike-through version. COREY: I was in the wrong area. You've got it? Minimum provides. Exceed 125 of the minimum number required. Okay. Not to exceed 120. So that was new, the not to exceed -- WESLEY: Yes. COREY: -- 125? WESLEY: Yes. COREY: Okay. I get it. CHAIRMAN GRAY: Any other comments on this agenda item or shall we move on? WESLEY: I appreciate it, Commissioners. I will take note of those as I then prepare TOWN OF FOUNTAIN HILLS Page 20 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 20 of 30 for -- bring it back again maybe hopefully for the final time at a public hearing, and we'll talk about that date when we get to the end of the agenda. COREY: And just to clarify because I wasn't sure if we made it recommendation on the required cover parking to include the residential. Were you going to look at that as well? WESLEY: So it does currently include it. COREY: Okay. WESLEY: When I brought up the potential downside, I didn't hear anybody say -- COREY: Okay. WESLEY: -- no, take it back out. COREY: No. WESLEY: So I'll bring -- COREY: I think it's good. WESLEY: -- it back with that still in there. You still have the opportunity at that point to take it out if you desire. COREY: Okay. Thank you. CHAIRMAN GRAY: Okay. Thank you, John. Moving on to agenda item 6, discussion of possible revisions to Zoning Ordinance Section 2.04, Site Plan Review Regulations. WESLEY: Okay. Chairman and Commissioners, this one is a fairly short presentation and I think we did a lot of the heavy lifting before we did section 202 with the special use permits. As far as talking about as we have looked at Chapter 2 of the zoning ordinance, which lays out all procedures that we follow for rezones, site plans, special use permits, so forth. And it's a little bit clunky, a little bit out of date, and not consistent from one section to another about how we handle certain things. So we're taking them a section at a time, going in, and looking for a way to update them, clean them up, make them more consistent. We've done 202, that's been approved by Council. That deals with the special use permits. The other one that we really use the most is 204 with the site plan review, so that's one we've done second, and then we'll bring the others forward in the future. So that's what we're looking at this evening. And so just to step through some of the changes that we had in this section. So again, we're talking about site plan review, which is primarily done administratively by staff. TOWN OF FOUNTAIN HILLS Page 21 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 21 of 30 The section A purpose and applicability; added a couple of things there. One of the keys I think is a reference to chapter 19. People who come into Fountain Hills aren't familiar with our zoning ordinance, don't really know that you have to dig down quite a ways in the code to find this chapter that lays out some design guidelines. And so by referencing this up front that they need to look at that chapter and follow those guidelines that are in there, I think will help draw attention to that and get some better design for the town. Currently the code allows site plans to be submitted concurrently with building plan review. Although in practice we've encouraged them to come in first, and that's been official and helpful really to every one because often times there will be things such as the design guidelines that haven't been considered, or some of the zoning standards that haven't been considered, and they spend a lot of time and money on construction documents that need significant revision because they haven't addressed these fundamental requirements. And so by getting that site plan up front gives us that chance to look at it and get those things corrected before they spend that much time and money on the construction documents. And the times when we have had site plans and construction documents moving through at the same time, it gets confusing then about comments on one versus the other, getting them both updated so they look the same, and so forth. And so it just really clarifies putting our standard practice into the code so it's clear for everybody moving forward. And then I amended the applicability statement to include the expansion and redevelopment of properties, and that's currently missing from the code. We'll talk about that more in a minute. We have the standards for basically new site plans, but when somebody wants to change a previously approved site plan, we don't have anything in our procedures that tells how to handle that other than as if it were a new site plan. Then within section 202 that deals with application -- or within 204 that deals with applications, we have amended that so it follows as closely as it can the application requirements and procedures in 202. Again, that's one of the goals, was to keep these so they read as much alike as they can and have the similar requirements. So I've done that. So similar with the review and approval standards so it lays out on those initial steps of the staff review, and providing comments back, and then from there working towards approval. The difference, again, with the site plans, they're approved administratively TOWN OF FOUNTAIN HILLS Page 22 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 22 of 30 versus them having to have all the notice procedures and requirements going on through the commission and council. The section dealing with appeal and expiration have not changed. We did add the provisions for major and minor amendments with some criteria for what qualifies as each. The main reason for doing that, having the distinction is for those things that really are more simple and minor changes, we'll cut the application fee in half, is what we're proposing because it really doesn't take as much staff time for those more minor amendments that we would see in the major ones, or they're pretty much back to doing a new site plan, so charging the same fee there. And then one other change that we made is with clarification of the language with regards to the site plan in connection with a temporary use permit or special use permit. Right now it's kind of difficult to understand and seems to require that you provide the full site plan at the same time as the special use permit, which is sometimes problematic. Again, the applicant doesn't necessarily want to go to full site plan drawings until they know they've got their special use permit approved. That's a waste of their time and money otherwise, so we're clarifying that. But then one other issue that we've seen in the past, primarily with the hospital, where we approve the site plan and then they came back with a special use permit. That was a challenge. So we're saying if you're going to need a special use permit or temporary use permit, you need to go ahead and apply for that first or in conjunction with the site plan so we can either, you know, get that special use permit looked at with a temporary or consensual site plan, and then come back with a full site plan because it's pretty challenging the other way around. So those really are the summary of changes from the current ordinance to the new. You had in your packet a copy of the current ordinance, the strike-through version with all the changes and a clean version of the ordinance. So any questions, comments that you have about the proposed changes to this section? WATTS: I got one. CHAIRMAN GRAY: Commissioner Watts? WATTS: John, when the site plan is submitted, does it have to have the approval of the utilities where points of connection are made prior to being approved by the town? TOWN OF FOUNTAIN HILLS Page 23 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 23 of 30 WESLEY: So one of the site plan requirements is that they show those utilities and where they're going to be, and they get reviewed as part of the site plan, at least at that conceptual level, and then they really finalize with the building permit. At least we can see what they're intending to do and determine if there'd be any conflicts or issues at that point. WATTS: But they're not validated by the utility, like Blue Stake or something? And the reason I ask is I got caught doing that. Built and had everything done, and the utilities came in at the other side of the corner of the house, and it was a fortune to get it fixed. So it helps if the contractor -- WESLEY: Right. WATTS: -- by making sure it's valid. WESLEY: Right. That's one of the challenges we have since the utilities are not part of town organization. Sanitary District is very involved in looking at things. WATTS: Um-hum. WESLEY: The water company not so much and electric, and so we don't catch as many things with those. But certainly Sanitary District looks at the site plans very closely. WATTS: Definitely to the benefit of the contractor. WESLEY: Yes. WATTS: So thank you. CHAIRMAN GRAY: I concur with that. I had the same -- mine's a little different. Utility, no objection. Especially for the larger developments, I think that that's good due diligence for anyone. John, we reference it within but not on the front end. Do we also need to do it the same way, when you tie in chapter 19, do we need to do the same with Chapter 7 given all of the things we discussed in the previous agenda item? WESLEY: Chairman, that's a good question. Let's look real -- whoops. I didn't get the one I wanted. Let me go back here. CHAIRMAN GRAY: There's references to it I think in section D. WESLEY: It should be -- CHAIRMAN GRAY: I was just looking back here. WESLEY: -- should be 3, what is this, B-3. That's what I'm looking for through the list TOWN OF FOUNTAIN HILLS Page 24 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 24 of 30 of things that are required to be submitted, and there certainly is -- I hope not getting too far out on a limb -- a reference to providing the details on the parking and drive, but I don't know we specifically refenced chapter 7. That would be an easy add. Yeah. So item 15 in that list is the location number spaces to which and so forth the parking. So it'd very easy to reference chapter 7 -- CHAIRMAN GRAY: Okay. WESLEY: -- right there as -- CHAIRMAN GRAY: And -- ALL: -- as part of that. CHAIRMAN GRAY: -- just a suggestion. And then along the same vein of Commissioner Watts, you know, other just good ideas to have in place at that time, and maybe we just go ahead and ask for them, I didn't see that we called out a topographic survey. In there, there's reference to cross sections and slope calcs, which are kind of insinuating that exists, but topo with any proposed cut fills. WESLEY: Chairman, 3-C -- CHAIRMAN GRAY: Did I miss it? WESLEY: -- Roman I, topographic survey extend 100 feet beyond the boundary of the property. CHAIRMAN GRAY: All right. I'll cross that one off. And then kind of going back to the discussion we had with Commissioner Watts on the last agenda item and kind of desire to see the shared parking thing maybe go away, title report and ALTA survey? WESLEY: Yes. I think that's up under B-2-B. Let's see here. CHAIRMAN GRAY: B-2-B. WESLEY: Is that not -- you said ALTA survey? CHAIRMAN GRAY: Yeah. WESLEY: That was not the ALTA survey. CHAIRMAN GRAY: I don't see -- WESLEY: Let's see. Well, maybe not. I don't know we ever do say specifically an ALTA survey. So let me -- that'd certainly be an easy add. CHAIRMAN GRAY: And then I had the utility NOC. And then D-15, let me find that one again. I lost it. I think this is -- we don't typically have Roman numerals as our TOWN OF FOUNTAIN HILLS Page 25 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 25 of 30 enumeration in ordinance, so maybe -- where is that? D-15. WESLEY: C-15. CHAIRMAN GRAY: It's -- WESLEY: Let's see where it's at. CHAIRMAN GRAY: Well, okay. So -- WESLEY: It's D-15. CHAIRMAN GRAY: So -- WESLEY: The image is D-15. CHAIRMAN GRAY: Yeah. So D-15, that was just -- I guess that was just my tieback to the chapter 7. WESLEY: Yeah. CHAIRMAN GRAY: So forget about that, other than do we use Roman numerals elsewhere, do we? WESLEY: Yes. I guess -- CHAIRMAN GRAY: Okay. WESLEY: -- we don't usually do this many of them. CHAIRMAN GRAY: Okay. Okay. Those are my comments. WESLEY: Okay. CHAIRMAN GRAY: Commissioner Corey? COREY: Thank you. Yeah. Just two comments. One, John, was in C-1 in the review and approve section. I just noticed C-1, the word review is kind of redundant. I don't know if folks are going to get confused on that process. Says, before initiating review we will or a designee will review a submitted approval, and then once the review is done we'll review. Just seemed like -- is there -- WESLEY: We got a special deal on using the word review. I see what you're saying. I think there is a little bit of clarity that can be added to that. COREY: Okay. Good. And then my other comment is towards the end I notice that we removed reference to the planning and zoning commission in this way, it looked like the P&Z was only involved for appeals. WESLEY: Yes. COREY: Whereas the old way it was for we would be making recommendations for TOWN OF FOUNTAIN HILLS Page 26 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 26 of 30 SUPs. I'm just looking at what was crossed out and what was new. WESLEY: Um-hum. COREY: It looks like we're not involved in the SUP. It looks like it goes -- I saw a mention of it going directly to counsel. P&Z wasn't mentioned in them coming to us for a SUP in the new -- WESLEY: Okay. COREY: -- context. WESLEY: So Chairman, Commissioner Corey, that's part of some confusion that was in the current code in regard to site plans and SUPs -- COREY: Okay. WESLEY: -- and what site plans would come here with SUPs and not come here. So if someone does go ahead and submit their formal site plan with their SUP, the Commission would see both as part of their recommendation onto the town council. In most cases though, I think we will see SUPs come with a conceptual site plan. COREY: Okay. WESLEY: And you will look at the conceptual site plan, you just won't be formally approving it, you'll just approving the SUP. And then when the formal site plan comes in, it will just be reviewed administratively by staff unless there's an appeal, and then it would come to P&Z. COREY: Okay. So perhaps -- WESLEY: There's a little bit of a change. COREY: Um-hum. WESLEY: But it's mostly a clarification than a real change because it's kind of confusing the way it was worded before. When you -- COREY: Yeah. WESLEY: -- particularly when you took both ordinances and tried to put them together -- COREY: Right. WESLEY: -- and follow that search for logic that was -- COREY: Trying to put the -- WESLEY: -- in there. TOWN OF FOUNTAIN HILLS Page 27 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 27 of 30 COREY: -- new one together. I'm looking on page 168, the area that you have highlighted in red, it mentions the applicant may choose to have the site plan processed -- WESLEY: Right. COREY: -- with special use permit considered by town counsel. Did you want to put the Planning and Zoning commission in there as well so they don't think that it goes right from the department to the council? That's that red -- yeah. WESLEY: Right. COREY: You've got it right there, where it starts with special use permits. WESLEY: Yeah. I see what you're saying. That may be unclear the way it's worded. COREY: Okay. WESLEY: And so it wasn't the intent and so -- COREY: Yeah. WESLEY: -- certainly glad to adjust that wording to make sure that's clear. DEMPSTER: I just have one question. CHAIRMAN GRAY: Commissioner Dempster? DEMPSTER: I just have one question under what falls under special purpose district? And this is in regards to the payment of the filing fee that's waived. It has school districts, the town, and then special purpose district. WESLEY: So Chairman, Commissioner Dempster, I don't know that we have any right now. I believe that's held over from current language. I think there have been or has been a special district for, I don't know if it's FireRock or someplace to help cover some of their infrastructure improvements or whatever. And so again, I'm not aware that we have any today, but I kept the language in there just in case we might in the future. DEMPSTER: Thank you. CHAIRMAN GRAY: Commissioners, anything further? Okay. Thank you, John. All right. Agenda item 7, Commission discussion, a request for research to staff. Commissioners, open mic. Commissioner Corey? COREY: I do have one thing. CHAIRMAN GRAY: Wow. COREY: Well, we were talking earlier about charging stations. So I know this is not in TOWN OF FOUNTAIN HILLS Page 28 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 28 of 30 this plan, but I had heard from some folks that we do have two charging stations in town. We have the Community Center, I believe there's two charging stations there, and then down by Fountain Park behind, like, Euro Cafe, there's also two. But I heard that those are slow chargers and, like, it takes a long time to charge just a little bit. So I didn't know, is there, like, another strategy for the town for working with the charging companies to bring those in there somewhere? WESLEY: Chairman, Commissioner Corey, I don't have really enough knowledge on that to give a good explanation. Justin Weldy, the Public Works director -- COREY: Okay. WESLEY: -- is the one that is handling those. And we've put in those couple as kind of tests -- COREY: Um-hum. WESLEY: -- you know, see what we can do. We've had some challenges with them for various reasons. And so where we're really planning to go at this point I'm not aware. If you would like, I could see if Mr. Weldy's available to come to a future meeting and provide more information or send you an email description if you'd like of what's going on. COREY: Yeah. Maybe start with an email just so we can kind of open that conversation up and see if that's something that we can influence here. I heard that, you know, those two that are here in town are the all the way in the center of town, but they may be utilized more if they were like on Shae, maybe in that Target plaza where folks who are driving through can use them and use them more quickly. This seems to be for people that live here and I heard that they don't really get a whole lot out of it. So -- WESLEY: Yeah. COREY: -- just some feedback that I heard. WESLEY: Okay. COREY: And then one other comment on the plaza there, Four Peaks Plaza, is there any word on any applicant putting something in there? Have you heard of anything? WESLEY: No. So we've had some discussions off and on over the months with some concepts. COREY: Okay. TOWN OF FOUNTAIN HILLS Page 29 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 29 of 30 WESLEY: Every time we talk to them, they seem like, yeah, they're going to be moving forward fairly quickly. And then it's a couple months later and we realize we haven't heard from them. So I don't know specifically. I think the market currently is causing a lot of challenges -- COREY: Um-hum. WESLEY: -- for people trying to move projects like that. COREY: Okay. Yeah. Didn't know if there was anything new. Okay. Thank you. CHAIRMAN GRAY: Okay. Number 8, Commission requests from Development Services Director. WESLEY: So next meeting in March, we know you have two items on your agenda. One will be the continuation of the rezoning at Morningside (sic) and Palisades. And there will be discussion regarding the sign ordinance. Those two may be enough for you, but we do also have the two items we discussed this evening. Do you feel you could handle, or would like to have one or more of those on your March meeting also, or would you rather see those pushed off until April? CHAIRMAN GRAY: I think if you're ready, let's put them on. Let's put them at the end of the agenda and if we need to defer them, we'll defer them. WESLEY: Okay. CHAIRMAN GRAY: You know, if we run into a three-hour marathon, then we'd probably defer them. But -- WESLEY: Okay. WATTS: You mean a short meeting? CHAIRMAN GRAY: Yeah, a short one. WATTS: Just checking. CHAIRMAN GRAY: Yeah. As opposed to the five-hour -- WATTS: Right. CHAIRMAN GRAY: -- version, right? WESLEY: Okay. So that's the main thing that I wanted to check with you on because we need get the notices out on those. If we're going to have them on the March meeting, have to get that notice out this week. So we'll go ahead and notice them for that meeting and understand that may get continued, and that'd be fine. TOWN OF FOUNTAIN HILLS Page 30 of 30 FEBRUARY 13, 2023 PLANNING & ZONING COMMISSION MEETING MINUTES Page 30 of 30 CHAIRMAN GRAY: They're pretty clean items -- WESLEY: Yeah. CHAIRMAN GRAY: -- too. So -- WESLEY: And with the discussion this evening I can hopefully get those changes made and be ready to go. Okay. COREY: And I'm sorry if I missed it, but we do have the applicant from behind the apartments over here that's coming back in March, right, is that what you said? WESLEY: Yeah. The Mountainside -- COREY: Yeah. WESLEY: -- and Palisades? COREY: Yes. WESLEY: Yes. COREY: Okay. WESLEY: Okay. That's it for me. CHAIRMAN GRAY: Okay. Anything under 9, report? No? All right. We are adjourned. Thank you, John. WESLEY: Thank you. ITEM 5. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/13/2023 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Planning and Zoning Commission (Agenda Language):  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. CONTINUED FROM THE MARCH 13, 2023 PZ COMMISSION MEETING Staff Summary (Background) Update This item was continued from the January 9, 2023 Planning and Zoning Commission meeting to allow the applicant to modify the tentative development plan based on feedback received from the Planning and Zoning Commission and concerns expressed from residents of the adjacent Lost Hills neighborhood. The modified plan shows a reorientation of two of the four buildings (labelled as Buildings 3 and 4 on the plan). They will be angled such that the majority of each building will be setback further from Mountainside Drive, to mitigate exposure of the western wall plane from the Lost Hills Neighborhood. Landscaping will be installed in the areas where the buildings were originally proposed. The applicant is unable to reorient Buildings 1 and 2 due to topographical constraints and drainage considerations. Although the ingress/egress locations on the modified plan do not differ from the previous plan, the applicant proposes limited access for the southern driveway on Mountainside. A gate with a Knox box will be installed to limit access to emergency and sanitation vehicles. Summary of Request Senderos at Fountain Hills, LLC is requesting a zone change for the approximately 6.3-acre property located at the southeast corner of East Palisades Boulevard and North Mountainside Drive. The subject property currently consists of two tax parcels and has split zoning. The south parcel is zoned R-4 Multifamily Zoning District and the north parcel is zoned R1-10 Single Family Residential. The applicant proposes to rezone the property to the the R-3 Multifamily Residential Zoning District so that one set of zoning standards apply throughout the subject property. If approved, this zone change would help accommodate plans for a multifamily residential project consisting of 80-units. General Plan As is the case with the vast majority of land use designations in the Town, the subject property falls within the “Neighborhood” character area, which places its focus on proper maintenance of existing neighborhoods and infill of vacant lands. This specific neighborhood type on the east side of Mountainside Drive is Urban Neighborhood (includes small-lot single-family, and multi-residential development and may include some retail and office uses).  More specifically, the General Plan states that such land should be infilled with development and consistent with existing zoning and compatible with the surrounding neighborhood based on the specific neighborhood type.  With respect to policy direction, the development pattern in the Neighborhood Character Area should continue to be primarily residential and consistent with the existing character area of a given area.  The specific character for the area west of Mountainside Drive is Mixed Neighborhood (includes residential lots of 6,000 - 15,000 sq. ft., may include attached units and condominiums, may also include churches, schools, parks, small offices, etc.). Existing Conditions The property is located at the southeast corner of Mountainside Drive and Palisades Boulevard, approximately 330 feet west of the intersection of Fountain Hills Boulevard and Palisades Boulevard. Immediately surrounding properties include the Four Peaks condominiums (zoned R-4) and the Trinity Lutheran Church (zoned R1-10) located adjacent east; and single-family residences (zoned R1-10) located to the west, across from Mountainside Drive.   The property slopes sharply down from Mountainside Drive towards Sunflower Wash, which roughly forms the eastern boundary of the property. The property is encumbered by a series of drainage, utility, and non-utility easements. Existing neighborhoods include the Lost Hills single family neighborhood (zoned R-10) to the west and the Four Peaks Condominiums (zoned R-4) to the east and south. Across the Palisades Blvd. to the north is another existing single-family neighborhood (zone R1-8). Planned Use As previously stated, the applicant proposes rezoning the split-zoned property to a unified R-3 zoning designation to accommodate a multifamily residential project consisting of 80 dwelling units. The developer will offer a mix of one, two, and three-bedroom units throughout four separate buildings. The buildings will be three stories (with a parking level and two residential units above) at a maximum building height of 30 feet. The parking garage will be tucked under and built into the hillside based on the existing topography. Amenities will incorporate customary residential amenities, including a swimming pool and landscaped areas. Parking will be a combination of tuck-under garages and surface parking. The buildings will be stepped down in accordance with the goal being to respect the single-family homes to the west and preserve views of the mountains to the east. With regards to vehicular access, there will be two entrances to the project from Mountainside Drive. No vehicular access is proposed off of East Palisades Boulevard, as this would require significant encroachment on the drainage easement. The applicant has provided a conceptual site plan, building elevations and a landscape plan, all of which are attached to this report. Citizen Participation The applicant initiated the citizen participation process by sending out letters to landowners within 400 feet of the site inform them of the neighborhood meeting, Fountain Hills Community Center on the evening of December 15, 2022, in which at approximately 29 people attended. Attendees cited concerns that the project will negatively impact property values, traffic, and obstruct mountain views from the that the project will negatively impact property values, traffic, and obstruct mountain views from the existing residences to the east, among other concerns. The applicant’s Citizen Participation Plan and subsequent Citizen Participation Report is attached for your review. To date, staff has received two emails calls from residents expressing their opposition to the project.  The emails have been attached for your review. Analysis Under the current zoning designations, the 6.3-acre subject property would allow for a total of 83-units – 70 units in the R-4 designated area, and 13 units in the area designated R1-10. The applicant is proposing a total 80 units. The rezone will help ensure a more thoughtfully designed and less concentrated multifamily development than if the zoning designations were to remain unchanged. Furthermore, the property is located adjacent to the Four Peaks Condominiums, which is designated R-4 and is within the Urban Residential subcategory for the Neighborhood Character Area. Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving neighborhoods. One of the items listed is having a variety of housing types. This section includes policies to encourage a broad range of housing types affordable to all income ranges and a range of housing types and densities consistent with the character area. Section III of the General Plan includes the information on the Character Areas in the Town. Allowing the proposed residential use would be an appropriate transition area between the “Urban Residential” character of the Four Peaks Condominiums to the east and the Lost Hills single family neighborhood to the west. Furthermore, the development would be consistent with the intent of the Plan for this area by accommodating new residents and thus inviting new clientele for existing and future businesses.   Staff believes that the project has been designed to preserve mountain views of the Lost Hills neighborhood to the west by having the buildings step down to lower the height of the buildings when viewed from the finished floor of the homes to the west. Furthermore, the buildings will be set back at least 30 feet from the Mountainside Right-of-Way line per the standards of the R-3 zoning district. Landscaping will also be installed to soften the visual impacts of the new buildings. The applicant has also provided a traffic impact statement concluding that the proposed rezone will not have a significant impact on existing street networks, as the current zoning could potentially generate the same number of trips should the property be developed under R-4 and R1-10 zoning standards. That said, members of the public are concerned about left turns from northbound Mountainside Drive on to westbound Palisades Boulevard because of poor visibility of oncoming traffic from eastbound Palisades. After a recent site visit, staff has concluded this to be a legitimate concern.  At the time of a building permit (whether the property is rezoned or not) staff would address the need for any intersection improvements with the developer based on the impacts of the development. Should the Town Council approve the rezone, staff will continue to work with the applicant on details related to the site plan, grading and drainage plan, and required landscaping before filing for a building permit. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.01 Zoning Ordinance Section 2.01 Zoning Ordinance Section 2.08, Citizen Participation Zoning Ordinance Chapter 10, Single Family Residential Zoning Districts Zoning Ordinance Chapter 11, Multifamily Zoning Districts 2020 General Plan, Thriving Neighborhoods and Character Areas Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff supports a recommendation for approval of this Rezone request, subject to the following conditions:    The development shall be in general conformance with the site plan dated March 1, 2023. Specific standards to be met include: 1. a. A maximum of four (4) residential buildings are permitted on the site (consisting of approximately 6.28 acres).  b. Parking shall be a combination of garage parking and surface parking. c. Buildings 1 & 2 shall be angled away from Mountainside Drive to allow for open space between Mountainside Drive and the buildings as shown on the site plan. d. The southwest corner of building 3 shall be a minimum distance of 70 feet from the west property line. e. No buildings shall be permitted to be parallel to the west property line at the minimum setback line. The development shall be in general conformance with the elevations dated September 15, 2022. 2. a. No mechanical equipment shall be permitted on rooftops. b. All mechanical equipment shall be ground mounted and screened by landscaping or screen walls as required by code. c. Buildings shall utilize an architectural style and desert tones colors similar to those shown. The development shall provide a minimum of 60% open space (may include both passive and active areas). 3. The development shall be limited to a maximum of 80 dwelling units on the entire site (consisting of approximately 6.28 acres). 4. The southern driveway on Mountainside Drive shall be gated and access shall be limited to emergency vehicles and solid waste collection vehicles. The use of the southern driveway by residents shall be prohibited. 5. Developer shall work with the Town of Fountain Hills Traffic Engineer to install signs, striping or other similar improvements to restrict parking on Mountainside Drive, subject to approval by the Town of Fountain Hills Traffic Engineer. 6. Developer shall impose and enforce restrictions that prevent tenants and guests from parking on7. Mountainside Drive. SUGGESTED MOTION Move to approve Ordinance 23-03 with the stipulation listed in the staff recommendation. Attachments Case Map  Aerial Map  Modified Tentative Dev. Plan  Modified Tentative Landscape Plan  Opposition Letters since 1-9-23  CASE: RZ22-001 SITE / ADDRESS: 13725 Mountainside Dr. APN 176-24-255 176-24-256 REQUEST: REZONE for 3.1 acres of a 6.3-acre property from R1-10 Single Family Residential to R-3 Multifamily Residential,and 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. Site Location CASE: RZ22-001 SITE / ADDRESS: 13725 Mountainside Dr. APN 176-24-255 176-24-256 REQUEST: REZONE for 3.1 acres of a 6.3-acre property from R1-10 Single Family Residential to R-3 Multifamily Residential,and 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. Site Location COND O S COND O S P A R C E L A P A R C E L B Z O N E D : R 4 Z O N E D : R 1 - 1 0 E X I S T I N G W A S H EXIST. DRAINAGE CULVERT UNDER ROAD P A R C E L A P A R C E L B Z O N E D : R 4 Z O N E D : R 1 - 1 0 C H U R C H C H U R C H E X I S T I N G D E T E N T I O N B A S I N T O P E D G E O F E X I S T I N G D R A I N A G E E A S E M E N T PA R K I N G G A R A G E AC C E S S L.S. PLA N T E R L.S . PL A N T E R L.S . PL A N T E R L. S . PL A N T E R 3'-0" WIDE PLANTER / TERRACE 3'-0" WIDE PLANTER / TERRACE 3'-0" WIDE PLANTER / TERRACE 3'-0" WIDE PLANTER / TERRACE UPPER RETAINING WALL (PER CIVIL) LOWER RETAINING WALL (PER CIVIL) UPPER RETAINING WALL (PER CIVIL) LOWER RETAINING WALL (PER CIVIL) P A R K I N G G A R A G E AC C E S S P A R K I N G G A R A G E A C C E S S PARKING G A R A G E ACCESS From:Jackie Henson To:Farhad Tavassoli Subject:Apartment proposal behind Four Peaks Date:Tuesday, February 14, 2023 5:35:14 PM EXTERNAL EMAIL Dear Farhad, As residents in the Fountain Hills community, we are writing to express our vehement opposition to RZ22-002--the proposed rezoning for the apartment complex at the southeastcorner of Palisades Blvd and Mountainside Dr. The Fountain Hills Strategic Plan documents state that “Fountain Hills has grounded thevision for its future on the input and aspirations of its citizens”. We hope you take this to heart and consider the input and voices of us: the residents of thisbeloved community. Nearly all residents at Four Peaks (and others) are completely opposed to the development ofthe 80+ apartments that will destroy the local wildlife habitat, devastate the environment, increase unwanted traffic and noise, and strain the infrastructure resources in our small town. Please listen to the voices of the community and take into account the negative consequences in this petition that will arise from a development such as this as you consider the rezoningapplication. Sign the Petition Save our Neighborhood--Stop the Rezoning Project BehindFour Peaks We urge you to make the right decision, the decision that will respect the harmony andbalance of our community, and oppose this application. Thank you for helping to protect the pristine beauty and peaceful ambiance of our localcommunities and for your support of our communities. Best regards, Jackie Henson JackieDHenson@Yahoo.com From:Tara VanOrsdal To:Farhad Tavassoli Subject:opposition to RZ22-002 Date:Saturday, February 11, 2023 11:31:09 AM EXTERNAL EMAIL Dear Farhad, As residents in the Fountain Hills community, we are writing to express our vehement opposition to RZ22-002--the proposed rezoning for the apartment complex at the southeast corner of Palisades Blvd and Mountainside Dr. The Fountain Hills Strategic Plan documents state that “Fountain Hills has grounded the vision for its future on the input and aspirations of its citizens”. We hope you take this to heart and consider the input and voices of us: the residents of this beloved community. Nearly all residents at Four Peaks (and others) are completely opposed to the development of the 80+ apartments that will destroy the local wildlife habitat, devastate the environment, increase unwanted traffic and noise, and strain the infrastructure resources in our small town. Please listen to the voices of the community and take into account the negative consequences in this petition that will arise from a development such as this as you consider the rezoning application. We urge you to make the right decision, the decision that will respect the harmony and balance of our community, and oppose this application. Thank you for helping to protect the pristine beauty and peaceful ambiance of our local communities and for your support of our communities. Best regards, Tara Van Orsdal, Four Peaks Condo Owner 907-301-2289 From:Jami O"Gorman To:Farhad Tavassoli Subject:opposition to RZ22-002 Date:Monday, February 13, 2023 10:41:53 AM EXTERNAL EMAIL Dear Farhad, As residents in the Fountain Hills community, we are writing to express our vehement opposition to RZ22-002--the proposed rezoning for the apartment complex at the southeast corner of Palisades Blvd and Mountainside Dr. The Fountain Hills Strategic Plan documents state that “Fountain Hills has grounded the vision for its future on the input and aspirations of its citizens”. We hope you take this to heart and consider the input and voices of us: the residents of this beloved community. Nearly all residents at Four Peaks (and others) are completely opposed to the development of the 80+ apartments that will destroy the local wildlife habitat, devastate the environment, increase unwanted traffic and noise, and strain the infrastructure resources in our small town. Please listen to the voices of the community and take into account the negative consequences in this petition that will arise from a development such as this as you consider the rezoning application. We urge you to make the right decision, the decision that will respect the harmony and balance of our community, and oppose this application. Thank you for helping to protect the pristine beauty and peaceful ambiance of our local communities and for your support of our communities. Best regards, Jami O'Gorman From:Aaron W. To:Farhad Tavassoli Subject:Opposition to RZ22-002 Date:Monday, February 6, 2023 4:02:01 PM EXTERNAL EMAIL Dear Farhad, As residents in the Fountain Hills community, we are writing to express our vehement opposition to RZ22-002--the proposed rezoning for the apartment complex at the southeast corner of Palisades Blvd and Mountainside Dr. The Fountain Hills Strategic Plan documents state that “Fountain Hills has grounded the vision for its future on the input and aspirations of its citizens”. We hope you take this to heart and consider the input and voices of us: the residentsof this beloved community. Nearly all residents at Four Peaks (and others) are completely opposed to the development of the 80+ apartments that will destroy the local wildlife habitat,devastate the environment, increase unwanted traffic and noise, and strain the infrastructure resources in our small town. Please listen to the voices of the community and take into account the negative consequences in this petition that will arise from a development such as this as you consider the rezoning application. We urge you to make the right decision, the decision that will respect the harmony and balance of our community, and oppose this application. Thank you for helping to protect the pristine beauty and peaceful ambiance of our local communities and for your support of our communities. Best regards, Aaron W. From:tkrafa@platinum.ca To:Farhad Tavassoli Subject:Proposed Apartments behind Four Peaks Date:Wednesday, February 8, 2023 5:27:53 PM EXTERNAL EMAIL Dear Farhad, As residents in the Fountain Hills community, we are writing to express our vehement opposition to RZ22-002--the proposed rezoning for the apartment complex at the southeast corner of Palisades Blvd and Mountainside Dr. The Fountain Hills Strategic Plan documents state that "Fountain Hills has grounded the vision for its future on the input and aspirations of its citizens". We hope you take this to heart and consider the input and voices of us: the residents of this beloved community. Nearly all residents at Four Peaks (and others) are completely opposed to the development of the 80+ apartments that will destroy the local wildlife habitat, devastate the environment, increase unwanted traffic and noise, and strain the infrastructure resources in our small town. Please listen to the voices of the community and take into account the negative consequences in this petition that will arise from a development such as this as you consider the rezoning application. We urge you to make the right decision, the decision that will respect the harmony and balance of our community, and oppose this application. Thank you for helping to protect the pristine beauty and peaceful ambiance of our local communities and for your support of our communities. Best regards, Tom and Krisandra Rafa From:... huntorgolf To:Farhad Tavassoli Subject:RZ22-002 Date:Tuesday, February 7, 2023 5:54:08 AM EXTERNAL EMAILDear Farhad, As residents in the Fountain Hills community, we are writing to express our vehement opposition to RZ22-002--the proposed rezoning for the apartment complex at the southeast corner of Palisades Blvd and Mountainside Dr. The Fountain Hills Strategic Plan documents state that “Fountain Hills has grounded the vision for its future on the input and aspirations of its citizens”. We hope you take this to heart and consider the input and voices of us: the residents of this beloved community. Nearly all residents at Four Peaks (and others) are completely opposed to the development of the 80+ apartments that will destroy the local wildlife habitat, devastate the environment, increase unwanted traffic and noise, and strain the infrastructure resources in our small town. Please listen to the voices of the community and take into account the negative consequences in this petition that will arise from a development such as this as you consider the rezoning application. We urge you to make the right decision, the decision that will respect the harmony and balance of our community, and oppose this application. Thank you for helping to protect the pristine beauty and peaceful ambiance of our local communities and for your support of our communities. Best regards, Randy Romano ITEM 6. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/13/2023 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):  PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Amendments to Zoning Ordinance Chapter 6, Sign Regulations.  Staff Summary (Background) The Town Council has expressed some concerns with several existing provisions in Chapter 6, Sign Regulations, of the Zoning Ordinance.  At the recent Council retreat, the Council discussed some areas of concern they would like the Planning and Zoning Commission to review and consider for amendments.  Because the notice for the public hearing was due prior to the Council discussion regarding their specific areas of concern, the entire ordinance was included in the public notice.  Through our use of the code over the last year and a half, staff has also identified a few items that may warrant modification. The public and Commission my consider topics beyond what has been discussed by the Town Council and is discussed below. Attached is a copy of Chapter 6 of the Zoning Ordinance with strike through showing possible amendments.  The report below provides discussion regarding each of the possible amendments identified to this point as well as some related issues the Commission may want to consider in making a recommendation. Section 6.01  Introduction No proposed changes Section 6.02  Definitions It was noted that citizens and business owners who may look through the sign ordinance for information regarding what signs they can use may read the definitions in Section 6.02 and think they have all the information they need regarding that type of sign.  It was suggested that a reference be added to the location for additional, specific information on each sign type.  This proposed change provides this reference where needed. Section 6.03  Building Permits - Fees Section 6.03 B provides some exemptions to the requirement for a building permit for some signs.  Included in this list is 5, Temporary signs, except banner signs.  This would indicate that banner signs require a building permit.  This is not correct, these signs require an Administrative Temporary Use Permit. Section 6.04  Violations and Penalty No proposed changes Section 6.05  Enforcement and Remedies No proposed changes Section 6.06  Sign Plans No proposed changes Section 6.07  General Regulations Section 6.07 B addresses locations where signs are and are not allowed.  6.07 B 1 primarily makes the requirement that all signs are to be on the property for which the business, activity, commodity, service, product, or event takes place.  This provision prohibits off-site signs.  Proposed modifications to this section are for increased clarification as we make other changes allowing temporary signs in the ROW. Section 6.07 B 2 provides locations where signs are not allowed.  The language in this section can seem overly complicated.  It was suggested we find some way to simplify and clarify this language.  To address this, staff is proposing to put the items in the list into groups. One of the challenges we have had with the current ordinance is the disconnect between our ordinance allowances and what state statutes allow in the right of way for elections.  To reduce this conflict, staff has included some changes to Section 6.07 B 2 a to clarify that signs will be allowed in the right of way during elections as allowed by the state statutes.  Note that this will not limit the sign messages in any way during these election seasons. The proposed changes in the ordinance for temporary signs would start to allow some temporary signs within the Shea Boulevard right-of-way.  Section 6.07 B 2 c contains this modification.  When considering the subsequent modifications that would allow temporary signs within this right-of-way, staff wants to ensure the Commission is aware of the reasons and concerns which created the existing prohibition.  One reason for the prohibition has been aesthetic.  Shea is a primary arterial through Town.  It is currently a very scenic roadway and there has been a concern about detracting from the beauty of the Town with these signs.  The other issue has to do with safety.  Temporary signs placed close to the street edge are subject to being blown into the street creating a traffic hazard.  Temporary signs are small and the message conveyed on them is often done with small letters.  This makes it difficult to read the sign at high speeds which could create traffic issues if someone is trying to read the sign rather than watch the road.  There is also a concern for the safety of individuals who place and pick up the signs along a busy roadway. Section 6.07 E lists prohibited signs.  Staff is proposing a couple of housekeeping modifications to items 8 and 9 for consistency with other parts of this chapter.  The phrase at the end of item 12 is being eliminated because there are no instances in the ordinance that allows someone to place a sign on someone else's property without their permission. Section 6.08 Sign Requirements and Allowances Section 6.08 A 1 provides the standards and allowances for A-frame and T-Frame signs.  These signs are currently allowed in commercial and industrial districts and as residential directional signs.  The Council expressed the desire to amend a few of the provisions of this section.  Items they specifically discussed for consideration of change include:  There was support for allowing a business to display two signs.  If this is done, the largest size of any sign remains 6 sq. ft, but the aggregated sign area is established at some amount (6.08 A 1 b ii).  The amount provided in the attached draft ordinance is 8 square feet based on the Council discussion.  There was one mention at the Council retreat of making it 9 sq. ft.  Staff research has shown that given standard sizes of these signs it is probably more useful to allow the aggregate 9 sq. ft. The allowance for the number of signs for businesses is in Section 6.08 A 1 c ii.  The Council discussed allowing a business to have more than one sign and focused on allowing one sign per public entry, up to two signs. Allow temporary signs along Shea Boulevard in the commercial areas to provide more opportunities for businesses to inform motorists of their business.  For A-frame signs, this could be done as shown in the new 6.08 A 1 d iii.  Because this sign type is only allowed in commercial and industrial areas, this allowance would not allow A-frames the full length of Shea. Allowing an A-frame or T-frame sign to be placed in the right-of-way within 90' of the property containing the business when in a commercial district and within 1,000' when in an industrial district (see 6.08 A 1 d iii 1 & 2).  These signs will need to be removed when the business is closed (see 6.08 A 1 d iii 3 f).  This will effectively allow this sign type in any right-of-way in proximity of a commercial and industrial property.  One of the primary issues driving this is the industrial property along Laser west of Technology .  These businesses lack visibility from major streets.  To include the businesses along the full length of this street the distance would need to be increased to 1,300'.   There are approximately 21 businesses along this street.  While it is unlikely they would all want to place a sign at the corner, with the number of businesses along this street the corner could become cluttered and signs may end up on adjacent private property.  The Council discussed a distance of both 60' and 90' for commercial property.  After reviewing some existing situations that might warrant signage away from the building, staff determined 90' was beneficial in a few situations, so this number is included in the draft ordinance. Removing the requirement for a permit to have an A-frame or T-frame sign in the right-of-way (6.08 A 1 d iii) Reducing the clearance around a sign placed on a public sidewalk from 6 feet to 4 feet (6.08 A 1 d iii 4) Reducing the setback from a curb or edge of pavement from 3 feet to 2 feet (6.08 A 1 d iii 5) Section 6.08 A 4 provides the standards and allowances for banner signs.  Currently, these signs are only allowed for nonresidential uses in residential zoning districts and in commercial and industrial zoning districts.  The Council expressed the desire to increase the amount of time during a year these signs can be displayed.  The current allowance is 30 days in a calendar year.  The suggestion is to increase this to a standard 90-day allowance, allow nonresidential uses in residential zoning districts to receive a seasonal waiver for three months, and to allow new businesses to have a banner for 180 - 365 days.  Section 6.08 A 4 e iii has been amended to reflect the proposed modifications.  A few points to consider with this section include:  The primary nonresidential uses that occur in residential zoning districts are churches and public schools.  Public schools are not subject to the Town's zoning ordinance when they are fulfilling their education purpose.  Other nonresidential uses which are allowed include: utility services, golf courses, community buildings, home day care centers, day care centers, bed and breakfasts, model homes, swim schools, and nursing homes (multi-family only). There was not a lot of discussion regarding the concept of allowing seasonal signage.  The wording used in presenting the idea was "a seasonal sign for up to three months."  It is not clear if this was intended to be once a year, or once per season. Staff has noted that several churches in town do regularly display banners for different events throughout the year.  The change to a base allowance of 90 days would allow use of a banner four times a year for 20 days each time. There was some discussion, but no consensus, about keeping the 30-day per year limit on nonresidential uses in residential zoning districts. The language used to introduce this change was to allow a waiver for the three-month seasonal banner.  The process in place for such actions is an administrative temporary use permit.  Staff used the administrative temporary use permit language in the draft ordinance language (see Sec. 6.08 A 4 e iii 2), but we could devise another waiver process if desired. There was discussion at the Council regarding how long the banner should be allowed for new business.  The range discussed was for something between 180 days and one year.  It seemed like there was more support for the longer allowance, but staff did not see a clear consensus.  Staff is proposing that the allowance would be tied to the issuance of a business license for the new business.  Other related issues:  There was concern about these signs becoming tattered or worn over the course of the year.  Section 6.07 A addresses sign maintenance in general and requires signs to be maintained in good condition and repair.  Section 6.07 G 3 specifically addresses temporary signs that they need to be maintained in good repair.  Staff believes these ordinance requirements give us the ability to address a sign that is becoming worn.  We could, however, add a provision for these signs that requires a quarterly renewal for the purpose to ensure the sign has been maintained. In some situations a banner sign is held in place with ropes or bungee cords.  This may be acceptable for signs in place for a few weeks, but my not be as acceptable for banners that will be up for six to 12 months.  We could consider adding provisions for more attractive method of securing the sign. Section 6.08 A 17 provides the standards and allowances for yard signs.  The current ordinance allows one such sign per lot in all zoning districts.  The proposal was to amend this to allow two signs per lot.  The use of yard signs for off premise advertising in commercial and industrial areas like A-frames as discussed above was not specifically brought up and discussed, but the substance of the discussion made it seem that the Council would like consideration of providing similar allowances for yard signs.  That revised language is provided in Section 6.08 A 17 d ii and iii.  "Bandit" signs are more likely to be yard signs.  If we allow yard signs in the right of way similar to A-frames, we are more likely to see a proliferation of these signs unrelated to the businesses than what will occur with an A-frame sign. Section 6.08 B provides the standards and allowances for electronic message centers.  Electronic message centers can be part a component of several permanent sign types.  Two specific modifications were discussed by the Council.  One was to change the message hold time from 8 seconds to 4 seconds to allow more frequent message changes.  The other was to allow messages to change on the weekend when a business is closed.  Staff is researching the issue regarding the static message display time.  Of the other ordinances reviewed where a minimum display time was provided, all used 8 seconds as the minimum time. There has been a problem with the existing ordinance language requiring a static message when There has been a problem with the existing ordinance language requiring a static message when the business is closed.  Two example are Fountain Hills Theater and the Chamber of Commerce.  The Theater does not keep regular business hours and the Chamber is involved in actives and promotions that may occur when their offices are closed.  Simply adding the exception regarding weekends may not sufficiently address the issue for businesses that are closed other days of the week or on holidays.  An alternative would be to not allow changes during certain hours, such as from 11:00 pm to 6:00 am. There was also discussion from several of the Council members about amending the code to no longer allow electronic message signs.  There were concerns about the proliferation of these signs and how they may impact the image and appearance of the Town.  There was also discussion regarding the impact on dark skies.    Staff has contacted the Dark Sky organization for their input and thoughts on the impact these signs have on our dark skies. One issue we would have to resolve is whether the prohibition would include electronic fuel price signs.  If it does not, we would have to craft a non-content based way allow the fuel signs while disallowing other types of electronic message centers. If the Commission directs staff to prepare this change to the ordinance, the ordinance modifications will likely include:  Moving the allowance for these signs to Sec. 6.07 C, Nonconforming Signs. Adding electronic message centers to the list of prohibited signs in Section 6.07 E. Section 6.08 C 1 provides some limitations on the total, aggregate amount of temporary signs that can be used at one time with an occupancy.  This was included in the sign ordinance due to concerns by staff that property owners and businesses may take advantage of each of the temporary sign types allowed and create too much clutter.  It was also envisioned that this would keep multiple signs in a group commercial center from becoming too clustered to be readable.  In practice staff has not seen this issue develop and has determined that the chart as presented does not work as intended.  At the Commission's direction the Table can be deleted or staff can work on an amendment to see if it can become workable. Section 6.08 D provides some regulations for additional signage in residential areas to allow for directional signage to events that may occur in these areas.  A few changes were proposed to this section but were inadvertently not included in the discussion with the Council at the retreat.  The proposed changes remove the reference to condominiums, increases the number of signs that can be used off-site from three to five, allows use of the Town right of way at all times, and allows the signs to move one foot closer to the edge of pavement.   Related Ordinance, Policy or Guiding Principle Zoning Ordinance, Chapter 6, Sign Regulations Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff does not have a recommendation at this point.  We are seeking public and Commission input on the suggested changes contained in this report. The meeting has been noticed as a public hearing and a draft ordinance is attached.  Action could be taken to make a recommendation to the Town Council at this meeting if desired. SUGGESTED MOTION Staff will assist the Commission in preparing a motion, if necessary. Attachments Draft Ordinance Changes  The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Chapter 6 Sign Regulations Section 6.01 Introduction The regulations set forth in this Chapter are intended to encourage attractive signage for businesses and services, optimize the availability of information, and promote the general welfare by creating a more aesthetically appealing community. A. Findings and Purpose. 1. Findings. Signs can obstruct views, distract motorists, obstruct pedestrians or vehicular traffic flow, create safety hazards, create aesthetic blight and visual clutter, and pose other problems that legitimately call for regulation. 2. Purpose. The purpose of this Chapter is to regulate the size, illumination, movement or appearance of movement, materials, location, height, and condition of all signs, as defined herein, and to allow and promote sign communication in a manner that: a. Preserves and protects public health, safety, and welfare within the Town of Fountain Hills; b. Assures the use of a variety of sign forms designed to be sensitive to the context of the location, as a reasonable method of visual communication between groups and individuals; c. Enhances the flow of traffic and the convenience, ease, and enjoyment of travel within the Town of Fountain Hills; d. Restricts circumstances that otherwise may result in injury or damage because of distractions, or obstructions of vision attributable to sign placement or size, or to the illumination of signs that may become a source of undue glare, distraction, or light pollution; e. Avoids visual clutter that may contribute to traffic accidents or be harmful to vehicular traffic or pedestrian safety; f. Promotes the aesthetic and environmental values of the community by providing for signs that do not impair dark skies, property values, business opportunities, community appearance, or the attractiveness of the Town as a place to visit, live, work, and shop; g. Allows signs that are appropriate in scale to the zoning district in which they are located; The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. h. Provides for signs as an effective channel of communication, while ensuring that sign forms are aesthetically designed and proportioned in relation to adjacent structures on the same lot or development site, and that are compatible with their surroundings; i. Promotes the effectiveness of signs by preventing their overconcentration, improper placement, deterioration, and excessive size and number; and j. Supports and enhances commerce within the Town. B. Applicability. 1. Subject of This Chapter. All signs as defined in this Chapter are subject to the provisions of this Chapter as it pertains to: a. The allowance of signs (principally the number, form, material, size, and structure of signs); b. The review and consideration of sign plans and permits; c. The entitlement and issuance of permits; d. The location and placement of signs on all buildings, structures, and land; e. The integration of the design of signs with associated building architecture; and f. The maintenance of signs. 2. The provisions of this Chapter do not apply to the following: a. Address numbers as required by the Fire Code; b. Government signs; c. Traffic control signs, markings, devices; d. Signs authorized or required by Arizona Revised Statutes; e. Public transportation signs; and f. Signs specified as mandatory by any provision of the Fountain Hills Town Code. 3. Most Restrictive Provision Applies. Except when otherwise authorized by a Special Use Permit, Temporary Use Permit, or variance, the most restrictive provision shall prevail in cases in which two or more provisions of this Chapter appear to conflict. 4. Controlling Document. This Chapter is not intended to repeal, abrogate, annul, or in any way impair or interfere with other Town provisions, allowances, or ordinances, except those specifically repealed by the ordinance codified in this Chapter. Where this Chapter imposes a greater restriction on a sign than is The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. imposed or required by other Fountain Hills Town Codes, provisions, allowances, or ordinances, the provisions of this Chapter control. 5. Definitions Used. Definitions for specific terms used in this Chapter are principally found in Section 6.02. Additional definitions are also provided in Chapter 1 of the Zoning Ordinance and in the Fountain Hills Town Code. Definitions not included in this Chapter, the Zoning Ordinance, or the Town Code should be given their plain and ordinary meaning where possible. 6. Effect on Previously Approved Sign Permits and Comprehensive Sign Plans. All sign permits and comprehensive sign plans approved and in effect prior to the effective date of the ordinance codified in this Chapter shall remain in effect. Signs authorized by such comprehensive sign plans shall be developed in accordance with the standards specified by that sign plan and any applicable conditions or stipulations associated with the approval of that sign plan. The development standards and requirements of this Chapter apply if not specifically modified by the applicable adopted sign plan. The Zoning Administrator may approve minor modifications to approved plans regarding design, height, number, or sign area that do not exceed the maximum(s) allowed by this Chapter. C. Repeal and Severability. 1. If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The Town of Fountain Hills hereby declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, sentence, clause, and phrase thereof, regardless whether any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 2. Effect on Previous Proceedings. Nothing contained in this Chapter affects rights and duties that matured, penalties that were incurred, and proceedings that began before its effective date, notwithstanding the provisions of subsection (C)(1) of this section. D. Consent of Property Owner Required. Unless otherwise permitted, no person shall construct, place, display, or maintain any sign without the written consent of the property owner, the property owner’s agent, or an authorized representative. E. Noncommercial Message Substitutions Allowed. Notwithstanding any other provisions of this Chapter to the contrary, any noncommercial message may be substituted for the message placed on any sign permitted by this Chapter. F. Responsible Party. 1. Posting Sign. The person, group, or organization directing the posting, installation, or erection of a sign is responsible for assuring the compliance of the sign with the requirements of this Chapter. This includes the placement, removal, maintenance, replacement, or alteration of the sign, as may be applicable. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 2. Owner or Occupant. If the person directing the posting, installation, or erection of the sign does not remove, maintain, replace, or alter the sign in accordance with the requirements of this Chapter, then the property owner or occupant of the building where the sign is posted is responsible for either replacing the sign with a sign that complies with this Chapter or removing the sign. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.02 Definitions “A-frame” or “T-frame” means a self-supporting, temporary, lightweight, portable sign made of durable, nonpliant material such as wood, sheet metal, or plastic that is designed to rest atop the ground without penetrating the ground (See Sec. 6.08 A 1 for allowances and standards). “Awning” or “canopy” means a permanent sign that is applied to, placed on, affixed to, or painted on an awning or canopy (See Sec. 6.08 A 2 for allowances and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Balloon” means a temporary sign professionally made from a bag or similar flexible, nonrigid enclosure that holds gas or air and is attached by a tether to a fixed place (See Sec. 6.08 A 3 for allowances and standards). “Banner sign” means a temporary sign made of canvas, plastic, vinyl, or other pliable material attached to a wall, frame, stakes, or other support structure by at least the four corners of the banner (See Sec. 6.08 A 4 for allowances and standards). “Building wall sign” means a permanent sign mounted flat against or painted on the wall of a building with the exposed face of the sign in a plane parallel to the face of the wall (See Sec. 6.08 A 5 for allowances and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Drive-through sign” means a permanent, freestanding sign adjacent to a drive-through, typically placed in or near an area where orders are taken from occupants of a vehicle (See Sec. 6.08 A 6 for allowances and standards). “Electronic message centers” means a permanent sign that is capable of displaying alternating, variable, or changeable copy that is electronically changed by remote or automatic means (See Sec. 6.08 B for allowances and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Feather or flag banner” means a temporary sign made of fabric or vinyl attached to a pole on one side. (This sign type is prohibited, see Sec. 6.07 E 9.) “Flag” means a fabric sheet of square, rectangular, or triangular shape that is designed to be mounted by a cable or rope to a pole at one end (see Sec. 6.08 A 7 for allowances and standards). “Freestanding wall/fence sign” means a permanent sign that is applied to, placed on, affixed to, or painted on a wall or fence that is not part of the building(s) on the property (see Sec. 6.08 A 8 for allowances and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Hanging or under-canopy sign” means a permanent sign suspended from and located entirely under a covered porch, covered walkway, awning, or canopy (see Sec. 6.08 A 9 for allowances and standards). “Monument sign” means a permanent sign mounted on or incorporated into a solid, self-supporting base that is not part of a building or wall (see Sec. 6.08 A 10 for allowances and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Off-site sign” means a sign portraying information or directing attention to a business, activity, commodity, service, product, or event that is not conducted, sold, or offered on the premises upon which the sign is located. Includes signs commonly referred to as “billboards.” “On-site directional sign” means a small permanent sign located adjacent to a driveway or drive aisle (see Sec. 6.08 A 11 for allowances and standards). “Permanent sign” means a sign made of durable material that is intended to be and is constructed in a manner that is permanent. Such a sign may be either attached or anchored to a building or wall or have its own foundation and structural supports. When detached from a building, permanent sign structures are constructed of durable materials such as brick, stone, metal, concrete, or related materials. “Post and board sign” means a temporary sign constructed of plywood, sheet metal, thick plastic, or similar material attached to one or two posts fixed in the ground (see Sec. 6.08 A 12 for allowances and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Projecting sign” means a permanent sign attached to a building in a manner such that its face is not parallel to the building to which it is attached (see Sec. 6.08 A 13 for allowances and standards). “Residential directional sign” means A-frame, T-frame, or yard signs used to direct traffic to a home (see Sec. 6.08 D for allowances and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Roof sign” means a sign affixed on, above, or over the roof of a building so that it projects above the roofline. The top of a parapet wall shall be considered the roofline. The highest point of a mansard roof shall be considered the roofline. Where a parapet wall is combined with a mansard roof, the roofline shall be the top of the parapet. “Sign” means any device placed to attract attention by providing identification, advertising or directional information for a business, service, product, person, organization, place, or building when the display of this device is visible beyond the boundaries of the public or private property upon which the display is made. Included in this definition are graphic devices such as logos and attention-attracting items such as banners or logo sculptures. “Sign copy” means the letters, numerals, figures, symbols, illustrations, logos, and graphic characters used to make up the sign message. “Temporary sign” means a sign constructed of fabric, canvas, vinyl, foam-core, plywood, sheet metal, or plastic that is neither permanently installed in the ground nor permanently affixed to a building or structure and that is intended to serve a short-term or temporary condition. Temporary signs include signs resting atop the ground, or affixed to the ground by a temporary anchoring system, including, but not limited to, stakes, ballasts, or by being embedded in the ground (for large temporary signs). “Town Center pedestrian area” is designated as shown in the figure below. TOWN CENTER PEDESTRIAN AREA The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Vehicle sign” means a sign painted, attached, or affixed to a trailer, watercraft, truck, automobile, or other form of motor vehicle (see Sec. 6.08 A 15 for allowances and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Window sign” means any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to, or located within six (6) feet behind, a window pane and placed to be read from the exterior of a building. Such signs may be permanent or temporary (see Sec. 6.08 A 16 for allowances and standards). “Yard sign” means an easily portable temporary sign up to six (6) square feet in size that can be implanted in the ground without use of tools (see Sec. 6.08 A 17 for allowances and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. (21-13, Amended, 11/02/2021; 21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.03 Building Permits – Fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any permanent sign within the Town without first applying for and obtaining a building permit from the Development Services Department. “Modify,” as it is used herein, shall mean any change to: 1. The size or shape of an existing sign; 2. Electrical components; 3. Design; and/or 4. Supporting structures. B. A building permit shall not be required for the following activities or types of signs; provided, however, that such signs shall be subject to any and all applicable provisions of this Chapter, including Zoning Administrator approval when required: 1. Street address numbers. 2. Any sign four (4) square feet or less in area not otherwise prohibited by this Chapter. 3. Repainting. 4. Minor, nonstructural repairs to signs or sign supports. 5. Temporary signs, except banner signs. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 6. Window signs. 7. Changes to a sign panel or copy on an existing sign. C. Failure to conform to the conditions of a building permit, including any conditions and/or stipulations attached thereto by the Town Council and/or Board of Adjustment, shall render such permit void. D. Fees for building permits shall be required and payable in such sums as the Town Council may from time to time establish as part of the Town’s annual budget or by separate resolution. E. A building permit for a sign does not include electrical work (a separate building permit application is needed for electrical work); however, this exemption shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Fountain Hills Town Code or any other laws or ordinances. F. Building permit applications for signs shall include sufficient information regarding the size of the property, the building, and the tenant occupancy; the dimensions and size of each sign; sign height and location; lighting, including information needed to determine compliance with Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance; materials used; and other pertinent information as needed to evaluate the proposed sign for compliance with this Chapter. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.04 Violations and Penalty A. Any of the following shall be a violation of this Chapter and shall be subject to the enforcement remedies and penalties provided by the Town of Fountain Hills Zoning Ordinance, and by state law, as applicable: 1. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone within which the sign is located. 2. To install, create, erect or maintain any sign requiring a permit without such a permit. 3. To fail to remove any sign that is installed, created, erected or maintained in violation of this Chapter, or for which the building permit has lapsed. B. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth below. C. The violations set forth in this section are declared to be civil in nature. The responsible parties for enforcement purposes are: 1. The owner or operator of the business identified on the sign; and 2. The owner of the property to which the sign is directing pedestrian or vehicular traffic. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. D. Enforcement of violations of this Chapter shall be made through the use of the civil citation process set forth in Section 1-8-3 of the Town Code. Fines may be assessed according to the following schedule: 1. First offense, fine not to exceed $50.00 and confiscation of sign(s). 2. Second offense within twelve (12) calendar months of first offense, fine not to exceed $100.00 and confiscation of sign(s). 3. All subsequent violations within twelve (12) calendar months of the first offense, fine not to exceed $250.00 and confiscation of sign(s). (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.05 Enforcement and Remedies A. Any violation or attempted violation of this Chapter or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this Chapter shall be considered a violation of the Zoning Ordinance. The remedies of the Town shall include, but are not limited to, the following: 1. Issuing a civil citation for the violation; 2. Issuing a stop-work order for any and all work on any signs on the same lot; 3. Confiscation of sign(s); 4. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; 5. Imposing any penalties that can be imposed directly by the Town under the Zoning Ordinance; 6. Seeking in court the imposition of any penalties that can be imposed by such court under the Zoning Ordinance; and 7. In the case of a sign that poses an immediate danger to the public health or safety, the Town may take such measures as are available under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances. 8. The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance. B. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. (21-09, Amended, 05/18/2021, Deleted and replaced) The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Section 6.06 Sign Plans Sign plans may be used to establish unique signage criteria to a given property or for a combination of properties that function as an integrated commercial complex. A. Purpose. The purpose of a sign plan is to: 1. Allow for unique sign design based on the unique or unusual physical characteristics of a given property; 2. Provide the opportunity to adjust the balance of attached and detached sign allowances; 3. Encourage unified signage in commercial and industrial complexes; and 4. Encourage creative design of signs. B. Application Requirements. 1. A written request signed by the property owner(s) and payment of the required fee. 2. A written project narrative describing the proposed sign plan with any deviations from current code requirements being requested. 3. Graphic illustrations depicting, at a minimum: a. Proposed sign locations and sizes; b. The proposed signs including sign base/structure for detached signs; c. Type of illumination; and d. Color and material boards for signs and sign structures. C. Review Criteria and Sign Design. 1. Review Criteria. The Zoning Administrator may approve a sign plan containing elements that exceed by up to ten (10) percent the permitted height and area of signs as specified in this Chapter if the sign plan conforms with at least one of the following criteria: a. The development contains unique or unusual physical conditions, such as topography, proportion, size, or relation to a public street that would limit or restrict normal sign visibility; or b. The proposed or existing development exhibits unique characteristics of land use, architectural style, site location, physical scale, historical interest, or other distinguishing feature(s) that represent a clear variation from conventional development; or The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. c. The proposed signage incorporates special design features such as lighting, materials and craftsmanship, murals, or statuaries that reinforce or are integrated with the building architecture. 2. Creative Design. Applications for consideration of a sign plan should include creative design elements that incorporate the design of the sign into the architecture of the building. Signs which go beyond the minimum guidelines provided in Section 6.07(G) by meeting the criteria below can increase their allowed sign area by an additional ten (10) percent. To qualify for the additional sign area, the sign shall: a. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area; b. Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; c. Utilize or enhance the architectural elements of the building; and d. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion. D. Approval. The sign plan shall be reviewed and approved by the Zoning Administrator. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.07 General Regulations A. Maintenance. 1. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this Chapter and the provisions of the Town Code. 2. Every sign permitted by this Chapter must be kept in good condition and repair. 3. When any sign becomes in danger of falling, or is otherwise deemed unsafe by the Town’s Chief Building Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this Chapter, the property owner, or the person or firm using the sign, shall, upon written notice by the Chief Building Official, or immediately in the case of immediate danger, and in any case within not more than ten (10) days after notice: a. Make such sign conform to the provisions of this Chapter; or b. Remove the sign. 4. If, within ten (10) days, the order is not complied with, the Chief Building Official may remove the sign or cause the sign to be removed at the expense of the property owner and/or user of the sign. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. B. Sign Location, Prohibited Locations. 1. Location Requirement. Except as specifically provided for in Section 6.08 for some temporary signs, signs Signs shall be placed on the property for which the business, activity, commodity, service, product, or event is conducted, sold, or offered. The following exceptions may be allowed: a. In the case of condominium developments, the common area can be used for signage for any occupancy within the condominium. b. As provided in Section 6.06 commercial and industrial developments that have multiple properties that utilize a common access and parking field may utilize a sign plan to allow for common street frontage monument signs that provide signage for individual businesses in the development but not on the same property as the sign. c. Temporary signs may be allowed off-premise in the public right-of-way as specified in for each sign type in Section 6.08. 2. Prohibited Locations. Signs are prohibited in the following locations: a. Town rights-of-way and public property. More specifically: i. Within, on, or projecting over the right-of-way, including within medians, unlessexcept as: 1. sSpecifically provided for in this Chapter;, or as 2. aAllowed through Town approval of a special event permit; or 3, Allowed by state statutes during elections and the Town's Sign Free Zone. bii. Within a median or Oon public property, unless otherwise permitted by this Chapter. cb. In a manner that creates safety, visibility, or access hazards. More specifically: di. Placed in a manner that obstructs the visibility of any authorized traffic sign, traffic signal, or another traffic control device. eii. Placed in a manner that blocks the vehicular line of sight at a street intersection, or the intersection of a street and driveway. iii. Placed in a manner that obstructs ADA access or prevents ingress or egress from any window or door, or other access-way required by the Building Code or Fire Code as adopted by the Town of Fountain Hills. iv. Located contrary to the standards of horizontal and vertical clearance from electrical wires and conductors as specified in the Building Code as adopted by the Town of Fountain Hills. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. fc. In a manner that interferes with or obstructs the architectural design of the building. More specifically: i. Covers the architectural features of a building such as dormers, insignias, pilasters, soffits, transoms, trims, or similar architectural elements or devices. ii. Placed on the roof of a building or extends higher than the highest point of the portion of the building to which the sign is attached. d. Miscellaneous prohibited locations. i. Affixed to fuel tanks, storage containers, or solid waste receptacles, except signs related to the manufacturer’s or installer’s identification, warning signs, and placards, and information otherwise required by law. gii. Tacked, painted, burned, cut, pasted, or otherwise affixed to trees, shrubs, posts, ladders, benches, or similar supports if visible from across a property boundary or from the right-of- way. h. Placed in a manner that obstructs ADA access or prevents ingress or egress from any window or door, or other access-way required by the Building Code or Fire Code as adopted by the Town of Fountain Hills. i. Covers the architectural features of a building such as dormers, insignias, pilasters, soffits, transoms, trims, or similar architectural elements or devices. j. Placed on the roof of a building or extends higher than the highest point of the portion of the building to which the sign is attached. kiii. Attached to a standpipe, gutter, drain, or fire escape, or placed in a manner that impairs roof access. l. Located contrary to the standards of horizontal and vertical clearance from electrical wires and conductors as specified in the Building Code as adopted by the Town of Fountain Hills. me. Temporary signs within the Shea Boulevard right-of-way, except as specifically provided in this Chapter. C. Nonconforming Signs. 1. Any sign legally existing at the time of the passage of the ordinance codified in this Chapter that, due to changes in this Chapter, no longer conforms in use, location, height or size with the regulations of this Chapter shall be considered a legal nonconforming use and may continue in use until such time as it is removed or abandoned for a period of six or more continuous months. Except as otherwise set forth in subsections (C)(2) and (C)(3) of this section, any change in the sign, including a 50% or more change of The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. sign copy, shall be considered an abandonment and the legal nonconforming status of the sign shall become void. 2. Whenever the name of a business or other sign text changes, any legal nonconforming signs associated with the business shall be modified to bring them into conformance with this Chapter, even though the change is a change of sign copy only. This subsection shall not apply to signs designed with interchangeable letters or panels or to the text area of a monument sign. 3. Legal nonconforming freestanding signs, sign structures, poles and other related equipment that have been abandoned or not in use for more than six months shall be removed and the building, land or site restored to its original state. D. Standards of Measurement. 1. Sign Area Measurement. Sign area for all sign types is measured as follows: a. For sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed, the sign area is the area within the outside dimensions of the background panel or surface. Example Sign Copy Area b. For sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a building that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, the sign area is the area within the sum of the one (1) or two (2) smallest tangent rectangle(s) or other standard geometric shapes (e.g., circle, triangle, regular ellipse, regular rhombus, or regular parallelogram), or combination of rectangles and standard regular geometric shapes that will enclose both the sign copy and background. When two (2) shapes are used, the shapes must include at least one (1) point of common tangency between the two (2) shapes. Example Sign Area The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. c. For sign copy mounted or painted on an internally illuminated sign or internally illuminated element of a building, the entire internally illuminated surface or architectural element that contains sign copy will be counted as sign area. Example Illuminated Sign Area d. Multifaced signs: i. One face: the sign area is the area of the single face only. ii. Two faces: if the interior angle between the two sign faces is forty-five (45) degrees or less, the sign area is the area of one face only; if the angle between the sign faces exceeds forty-five (45) degrees, the sign area is the sum of the areas of the two faces. iii. Three or more faces: the sign area is the sum of areas of all the sign faces. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Example Sign Face Area iv. Three dimensional, sculptural or other nonplanar signs: the sign area will be the sum of the areas of the vertical faces of the smallest polyhedron that will encompass the sign structure. Example Dimensional Sign Area 2. Sign Height Measurement. Sign height is measured as follows: a. Freestanding Sign. Sign height is the distance from the top of the sign face or structure (except for architectural embellishment as provided below), whichever is taller, to the top of curb of the public road nearest the sign, or to the crown of public road nearest the sign if no curb exists. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Example Freestanding Sign Height b. Wall or Fascia Mounted Signs. Sign height is the distance measured from a point perpendicular to the top of the midpoint of the sign structure, to the top of the finished floor of the ground floor level directly below the midpoint of the sign. Example Midpoint of Sign E. Prohibited Signs. Signs not specifically authorized herein are prohibited, including, but not limited to, the following: 1. Neon signs, except as permitted in Section 6.08(A)(16). 2. Any sign emitting sound. 3. Any animated or moving sign, including televisions or signs with streaming video. 4. Mobile signs, except for sign walkers or as otherwise specifically permitted. 5. Billboards. 6. Non-electrically illuminated signs. 7. Any nonpublic signs in public right-of-way or on public property, except as otherwise specifically permitted. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 8. All off-site signs, except as specifically permitted in this Chapter. 9. All banners, pennants, streamers, feather signs, balloons, flags, searchlights, strobe lights, beacons, and inflatable signs, except as specifically defined and permitted in this Chapter. 10. Any sign imitating an official traffic control sign and any sign or device obscuring one or more traffic control signs or devices. 11. Any sign which is structurally unsafe, unsafely installed, or otherwise hazardous to physical safety. 12. Signs not authorized by the property owner, except as specifically permitted. F. Illumination. 1. Temporary signs shall not be illuminated. 2. Sign illumination, where allowed, shall be in conformance with provisions of Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance. 3. When externally illuminated, the source of a sign’s illumination shall not be visible from any adjacent residential streets or neighborhoods. 4. No illuminated sign shall be placed or constructed on a vacant or undeveloped lot or parcel. 5. The following types of illumination are prohibited: a. Flashing, blinking, or rotating lights; b. Metal halide lighting; c. High- or low-pressure sodium light bulbs; and d. Mercury vapor light sources. 6. See Section 6.08(B) for luminance standards for electronic message centers. G. Design Guidelines and Standards for Signs and Sign Structures. 1. Permanent signs and sign structures should: a. Be designed to be attractive and artistic; b. Incorporate design features associated with the buildings or structures, and should constitute an architectural component of the overall development that is compatible with, and not incongruous to, the architectural style and character of the development of the property associated with the sign; and The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. c. Utilize materials and design themes consistent with the architectural design theme of the development, as expressed by the building architecture, landscaping, and overall site development. 2. Permanent signs and sign structures: a. Shall be mounted so that the attachment device is not visible. b. Letters attached or anchored to the face of an exposed standard raceway should be architecturally designed and integrated into the building. c. Raceways shall either: i. Be finished to match the color of the building adjacent to the raceway and design elements of the building, or ii. When a raceway is provided as an architectural enhancement to the building elevation, the raceway must be in a contrasting color and material. 3. Temporary signs shall be made of durable materials and properly maintained in good repair. Section 6.08 Sign Requirements and Allowances A. Sign Types. The following sign types are allowed in Fountain Hills: 1. A-Frame and T-Frame Signs. a. Zoning/Use. i. Single-family and multifamily residential zoning districts only when in compliance with subsection D of this section; ii. Commercial or industrial zoning districts; and iii. PADs with commercial or industrial uses. b. Size/Height. i. Maximum sign area for any sign is six (6) square feet. ii. When multiple signs are used, the maximum aggregate area is eight (8) square feet. iii. Maximum sign height is three (3) feet. c. Number. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. i. In single-family and multifamily districts, as allowed by subsection D of this section. ii. One per business public entry in commercial or industrial districts. d. Location. Shall not be used as an off-site sign, except as provided below: i. On property held in common by members of a property owner’s association or on property owned by the business owner’s landlord, but not within any designated parking or loading area. ii. As provided in subsection D of this section. iii. In the public right-of-way, including Shea Boulevard, under the following conditions: 1. Within the Town Center pedestrian area, may be located in the Town right-of-way adjacent to the businessninety (90) feet of a property line containing the business through the issuance of a permit by the Town when the property lacks adequate access to display a sign on its property or adjacent common property; provided, that a signin a commercially zoned area.: 2. Within one thousand (1,000) feet of a property line containing a the business in an industrially zoned area. 1.3. Signs places in the public right-of-way must adhere to the following requirements: 1a. Shall not be located on the paved portion of any public street or in any median; 2b. Shall not be located within a designated parking or loading area; 3c. Shall not be located in a manner that poses a traffic vision hazard; 4d. Shall not be located on a public sidewalk unless there is at least six four (64) feet of clear passage around at least one side and the sign owner provides the town an indemnification agreement with regards to the sign; and 5e. Shall be at least three two (32) feet from any curb or edge of pavement;. and, f. Shall be taken in when the business is closed. iv. Landscaping cannot be modified or damaged to accommodate an A-frame sign. e. Miscellaneous Requirements. i. Attachments to A-frame signs are limited to not more than four (4) balloons or flags, no more than one (1) square foot in size, flown no higher than six (6) feet from the ground. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. ii. Landscaping cannot be modified or damaged to accommodate an A-frame sign. 2. Awning or Canopy Sign. a. Zoning/Use. i. Permitted nonresidential uses in a residential zoning district; ii. An apartment building in a multifamily zoning district; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. b. Size/Height. i. A sign placed on the side or face of an awning or canopy may not exceed 25% of the area of the face of the awning or canopy on which the sign is placed. ii. A sign placed on top of a canopy may not exceed one (1) square foot of area for each linear foot of the length of the canopy on the side containing the sign for single occupancies and for the length of the occupancy for multiple occupancy buildings. c. Number. One (1) sign per occupancy. d. Location. On an approved canopy. e. Miscellaneous Requirements. i. When placed on top of a canopy, must consist of individual alphanumeric characters only. 3. Balloons. a. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Commercial or industrial zoning districts; and iii. PADs with similar uses. b. Size/Height. No balloon shall be bigger than twenty-four (24) inches in diameter and can be no higher than six (6) feet from the ground. c. Number. N/A. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. d. Location. i. When part of a business, within the area leased by the business. ii. When adjacent to a building, not more than four (4) feet from the face of the building and within twenty (20) feet of the main building entrance. iii. When attached to an authorized temporary sign, in locations where the temporary signs are permitted. iv. Shall not be displayed within the perimeter landscape area. v. Shall not encroach within on-site fire lanes. vi. Shall not be attached to or hung from a tree or shrub. vii. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. e. Miscellaneous Requirements. i. Balloons must be tethered to a secure location that prevents high winds from removing the balloon or causing it to create an obstruction. ii. May be displayed for a maximum of thirty (30) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 4. Banners. a. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Apartment complexes containing more than twenty (20) units in multifamily or commercial zoning districts; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. b. Size/Height. Maximum sign area shall be thirty-two (32) square feet. c. Number. One (1) per occupancy. d. Location. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. i. Within the area owned or leased by the business or use. ii. Shall not be displayed in any parking space, drive aisle or the required perimeter landscape area. iii. Shall not encroach within on-site fire lanes. iv. Shall not be attached to or hung from a tree or shrub. v. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. e. Miscellaneous Requirements. i. A Banner Permit must be obtained from the Development Services Department prior to display of a banner sign. ii. Banners must be affixed to a secure location that prevents high winds from removing the banner or causing it to create an obstruction. iii. May be dDisplayed of banner signs is subject to the following time allowances: 1. for aA maximum of thirty ninety (3090) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 2. Non-residential uses in a residential zoning district may request an administrative temporary use permit to allow a seasonal waiver for a banner sign. 3. New businesses, as documented through the issuance of a new business license, may be approved for display of a banner sign for up to one (1) year. 5. Building Wall Sign. a. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Apartment complexes containing more than twenty (20) units in multifamily or commercial zoning districts; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. b. Size/Height. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. i. One and one-half (1.5) square feet of sign area is allowed for each lineal foot of occupancy frontage along a street. All occupancies with an exterior wall are allowed a minimum of twenty- four (24) square feet of signage. The maximum allowed sign area for an individual sign is one hundred (100) square feet. ii. Corner buildings may transfer up to 25% of the area from one building frontage to the other if the angle of the building at the corner is between forty-five degrees (45˚) and ninety degrees (90˚). Each side of corner buildings with building frontages less than forty-five degrees (45˚) and between ninety degrees (90˚) and one hundred eighty degrees (180˚) shall be considered as one frontage and may not transfer sign area. iii. Sign area must allow a minimum of a two (2) foot border from the edge of the building or suite frontage, or a minimum two (2) foot separation between signs, whichever is greater. c. Number. One sign for each fifty (50) feet of occupancy per street frontage, or portion thereof. d. Location. Shall not be located in a manner that is prohibited in Section 6.07(B)(2)(h) through (B)(2)(l). e. Miscellaneous Requirements. i. Each wall sign may project no more than twelve (12) inches from the surface of the wall to which is it attached. ii. Reverse pan channel letters with halo illumination must not exceed a one and three-quarters (1.75) inch separation from the wall. iii. In the C-2, C-3, and TCCD zoning districts, a building wall sign may be added to a secondary entrance in addition to total aggregate sign area if the following criteria are met: 1. Sign area shall not exceed 25% of the primary total aggregate sign area. 2. The secondary entrance must not be visible from the main public entrance. 3. The secondary entrance must face a rear parking area, common area or public use frontage. 6. Drive-Through Sign. a. Zoning/Use. Commercial or industrial zoning districts or PAD with similar uses. b. Size/Height. Maximum sign area shall be twenty (20) square feet. Maximum sign height is five (5) feet. c. Number. Maximum of one (1) per drive-through lane. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. d. Location. i. Within five (5) feet of a drive-through lane. ii. Cannot be readable from any public street or alley. iii. Must be at least one hundred fifty (150) feet from any residential zoning district or fully screened from residential view by a masonry wall. e. Miscellaneous Requirements. i. Minimum of four (4) square feet of landscaping per one (1) square foot of sign area shall be provided at the base of the sign. 7. Flags. a. Zoning/Use. Allowed in all zoning districts. b. Size/Height. i. The maximum size of a flag is twenty-four (24) square feet in residentially zoned property or property zoned PAD with residential uses and sixty (60) square feet in all other zoning districts. ii. The maximum flagpole height is the height allowed in the zoning district and Section 5.07(B). c. Number. i. If hung from the side of a building, one (1) per unit or tenant space. ii. Each flagpole may contain up to two (2) flags. d. Location. Flagpoles must be located so that if the pole should fall, it will remain on the property containing the pole. e. Miscellaneous Requirements. i. Developed single-family lots may contain one flagpole. ii. Model home complexes may have two (2) flagpoles on one (1) lot and one (1) flagpole on additional lots up to a maximum of five (5) flagpoles. iii. All other properties may have up to two (2) flagpoles. iv. The length of the flag, which is the longer side of the flag that is perpendicular to the flagpole, shall not exceed one-third (1/3) of the in-ground pole height. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. v. May be hung on the side of a building only on national or state holidays. 8. Freestanding Wall/Fence Sign. a. Zoning/Use. i. Subdivision entry feature for single-family and multifamily developments in all residential zoning districts; ii. Commercial or industrial zoning districts; and iii. PADs with similar uses. b. Size/Height. Maximum sign area is twenty-four (24) square feet. Maximum sign height is six (6) feet. c. Number. One per development entry. d. Location. Part of or attached to a perimeter wall surrounding a development. e. Miscellaneous Requirements. i. A minimum of two (2) square feet of landscape area per one (1) square foot of sign area shall be provided at the base of the sign. ii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, nonopaque panels are not permitted. iii. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. 9. Hanging or Under-Canopy Sign. a. Zoning/Use. Any commercial or industrial zoning district and PADs with similar uses. b. Size/Height. Maximum sign width is twenty-four (24) inches, maximum sign height is twelve (12) inches. Minimum clearance is at least eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. c. Number. One (1) per occupancy. d. Location. Under an awning or canopy associated with the business or activity. e. Miscellaneous Requirements. i. If located over an abutting Town right-of-way, must obtain an encroachment permit from the Town. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 10. Monument Sign. a. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Entry feature into a subdivision in single-residence zoning districts; iii. Apartment or condominium complex containing more than twenty (20) dwellings in multifamily zoning districts; iv. Commercial or industrial zoning districts; and v. PADs with similar uses. b. Size/Height. Table 6.08(B). Size and Height Allowances for Monument Signs Zoning District Maximum Size Maximum Height Single Residential 32 sq. ft. 6 feet Multiresidential 32 sq. ft. 8 feet Commercial/Industrial 50 sq. ft. for an individual sign 12 feet c. Number. One monument sign per lot or parcel for each full three hundred (300) feet of street frontage. d. Location. i. Along a street frontage, but not within a public right-of-way. ii. Must be separated from any other monument sign on the same property by at least one hundred fifty (150) feet. e. Miscellaneous Requirements. i. A minimum of two (2) square feet of landscaping per one (1) square foot of sign area provided at the base of the sign. ii. Sign may be internally illuminated. iii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, nonopaque panels are not permitted. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. iv. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. 11. On-Site Directional Sign. a. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. b. Size/Height. Maximum sign area is four (4) square feet. Maximum sign height is five (5) feet. c. Number. As needed. d. Location. At least twenty (20) feet from a public street and within five (5) feet of a driveway or drive aisle. 12. Post and Board Sign. a. Zoning/Uses. Allowed in all zoning districts. b. Size/Height. i. Developed properties and undeveloped properties five (5) acres or less in size, the maximum sign area is six (6) square feet. Maximum sign height is five (5) feet in residentially zoned property and eight (8) feet in non-residentially zoned property. ii. Undeveloped property more than five (5) acres in size, maximum sign area is thirty-two (32) square feet. Maximum height is eight (8) feet. c. Number. One (1) sign per street front. d. Location. i. Shall not be used as an off-site sign, except on property held in common by members of a property owner’s association or on property owned by the business owner’s landlord, but not within any designated parking or loading area. ii. Shall not be located within the public right-of-way. However, in commercial and industrial zoning districts where buildings are built to the property line or in any zoning district where topography limits visibility behind the right-of-way, an encroachment permit may be requested to allow sign placement within the right-of-way, but not within a median, provided all portions of the sign structure and sign face are at least three (3) feet from the curb or edge of pavement and do not overhang a sidewalk. 13. Projecting Sign. a. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Size/Height. Maximum sign width is three and one-half (3.5) feet. Maximum sign height is six (6) feet. Minimum clearance is eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. c. Number. One per building. d. Location. On the building outside the tenant space for which the sign is located. e. Miscellaneous Requirements. i. If encroaching over an abutting Town right-of-way line, must obtain an encroachment permit from the Town. 14. Sign Walkers. a. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. b. Size/Height. Maximum sign area is five (5) square feet. c. Number. One sign per business. d. Location. i. If located in the right-of-way, a sign walker shall be positioned behind the curb, or, if no curb is present, ten (10) feet behind the edge of pavement. ii. Sign walkers shall be positioned so as to not obstruct vehicle sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering standards. iii. Sign walkers shall not obstruct the free movement of pedestrians on sidewalks. iv. Sign walkers are not allowed in the medians of public or private streets. e. Miscellaneous Requirements. i. Sign walkers shall not erect or place tents, temporary structures, umbrellas, chairs or stools anywhere within the public right-of-way or on adjacent property. 15. Vehicle Sign. a. Zoning/Uses. Commercial and industrial zoning districts and PADs with similar uses. b. Size/Height. N/A. c. Number. N/A. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. d. Location. Vehicle must be parked in an authorized location and in a lawful manner that is not distinct or different from the predetermined parking area design. e. Miscellaneous Requirements. i. The vehicle must be operable and currently registered per Town Code. The primary purpose of the vehicle shall be in the operation of the business, e.g., transporting goods or providing services, and not displaying a sign. ii. Business or commercial vehicles displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space adjacent to the business to which the vehicle relates as far from the public right-of-way as possible. If the vehicle is visible from the public right-of-way it shall not remain in the same parking space for more than forty-eight (48) hours. iii. Unless otherwise permitted, signs mounted, attached or painted on trailers, boats, motor vehicles or any moveable object placed on premises specifically to serve as additional signage are prohibited; they shall not become additional, permanent freestanding signs. iv. No sign shall be erected or attached to any vehicle except for signs that are magnetically attached to or permanently painted or wrapped on the surface of a vehicle. 16. Window Sign. a. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. b. Size/Height. May not cover more than fifty (50) percent of any window. c. Number. N/A. d. Location. On a window or within six (6) feet behind a window when intended to be viewed from outside the building. e. Miscellaneous. May use neon signs for interior window displays in commercial and industrial districts. The total amount of neon signage for any one business shall be six (6) square feet. No more than two (2) neon signs shall be allowed for any business. 17. Yard Signs. a. Zoning. Allowed in all zoning districts. b. Size/Height. Maximum sign area is six (6) square feet in single-family zoning districts and eight (8) square feet in all other zoning districts. Maximum sign height is three (3) feet in single-family zoning districts and five (5) feet in all other zoning districts. c. Number. One Two (12) sign per lot. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. d. Location. i. On property held in common by members of a property owner’s association or on property owned by the business owner’s landlord, but not within any designated parking or loading area. ii. Shall not be located within the public right-of-way in residential zoned areas, except when used as provided in subsection D of this section. iii. In the public right-of-way adjacent to commercial or industrial zoned property, including Shea Boulevard, under the following conditions: 1. Within ninety (90) feet of property line containing the business in a commercially zoned area.: 2. Within one thousand (1,000) feet of a property line containing the business in an industrially zoned area. B. Electronic Message Centers. Electronic message centers (EMC) are permitted in commercial and industrial zoning districts, and for permitted nonresidential uses in residential zoning districts consistent with the following requirements: 1. There shall be no moving or flashing green or red features that can be mistaken as traffic control devices. 2. Each message on the sign must be displayed a minimum of eight four (84) seconds. 3. EMC shall contain static messages only and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design or pictorial segment of the sign, including movement or appearance of movement or any illumination of the flashing, scintillating or varying of light intensity. 4. Message change is allowed through fade, dissolve, travel, or scrolling modes not to exceed two (2) seconds in transition. 5. When a business is closed, the sign may continue to be lit, but may only display a static message, except on the weekend. 6. Nighttime Allowances. From one (1) hour after official sunset until one (1) hour before official sunrise, the maximum luminance level of any EMC shall be 100 nits. 7. Measurement Criteria. The luminance of an electronic message center shall be measured with a luminance meter set to measure candelas per square meter (nits) traceable to a National Institute for The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Standards and Technology (NIST) standard and using accepted professional practices for measurement as established by the Development Services Director. 8. All permitted electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 100 nits maximum nighttime luminance requirement. 9. In the event a sign is found to be out of compliance with the luminance levels required by this Chapter, the sign shall remain off until the sign is brought into compliance. C. Temporary Sign Allowances. 1. The aggregate temporary sign allowances per occupancy are as follows: Table 6.08(C). Aggregate Temporary Sign Allowance by Use per Occupancy Use Maximum Total Area for all Temporary Signs Maximum Number of Signs per Street Front Minimum Separation Single-Family, Attached or Detached 12 sq. ft. 2 N/A Multifamily, Office, Nonresidential in a Single- Family District 32 sq. ft. 2 50 feet Commercial 48 sq. ft. 3 75 feet Industrial 64 sq. ft. 2 N/A 2. Construction on Undeveloped Property. Undeveloped properties with valid building permits may display one (1) temporary sign not to exceed eight (8) square feet in size and a maximum height of five (5) feet. The sign must be on the construction site. The sign must be removed no later than the date when the final inspection is completed. D. Other Signs in Residential Zoning Districts and Residential Pads. 1. Each single-family lot, condominium unit, or model home may place one (1) sign anywhere on the property. Further, each single-family home, condominium complex, or model home cluster may place one (1) additional sign at each turning movement beginning at the subject property out to a major street with a maximum of three five (35) additional signs. 2. Shall not be located within the public right-of-way associated with Shea Boulevard at any time, but may be located within the public right-of-way of any other street between the hours of official sunrise and official sunset on Fridays, Saturdays, Sundays, and Federal holidays. When located in the right-of-way, shall be placed at least three two (32) feet from the curb or edge of pavement. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 3. Miscellaneous Requirements. a. No sign may be attached to any utility pole or box, light pole, street sign, bus shelter, or any structure within the public right-of-way. b. Signs shall not damage any vegetation or rest against other objects or vegetation. (21-13, Amended, 11/02/2021; 21-09, Amended, 05/18/2021, Deleted and replaced) ITEM 7. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/13/2023 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):  PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 23-05, Parking Ordinance, repealing and replacing Zoning Ordinance, Chapter 7, Parking and Loading Requirements. Staff Summary (Background) The Commission has been providing comments and suggestions to the update to the Town's parking regulations over the last year.  At the Commission's regular meeting in February 2023, the Commission reviewed and discussed a draft ordinance.  Strike through and clean versions of the draft ordinance reviewed at the February 2023 meeting are attached for review.  The Commission made suggestions for modifications to that draft ordinance and asked staff to set a public hearing on the ordinance for the March meeting. The draft ordinance has been revised to address the comments made by the Commission. Attached Ordinance 23-05 includes all the previous modifications and shows the additional modifications with strike through and underlines. Because of the extensive number of changes in format, organization, and content, it will be easier to simply repeal the existing ordinance and replace it with a new ordinance than try to publicize a revised ordinance. The staff report for the February 2023 meeting and the strike through ordinance discussed at that meeting are attached. The revisions made to the draft ordinance include:  Amended Section 7.01, Purpose, E to read:  Balancing the need for sufficient parking with the environmental impacts of large, paved surfaces by allowing for and encouraging creative design options for permeable paving and shared parking; and, Amended Section 7.03 General Regulations, B, by adding "or violate County environmental or ADEQ regulations" to the end of this section. Amended Section 7.03 General Regulations, C, by adding "consistent with the approved site plan".  This was added based on discussion with Code Compliance staff regarding issues they encounter when doing enforcement. Changed Section 7.05, Design Standards for Multi-residence (5 or more dwelling units) and Non-residential Development, E. 3., to reduce the separation distance from 50' to 30' for a cross access drive or parking space backing into the main drive aisle. Amended Table 7.06 G, Minimum Parking Requirements by increasing the number of required parking spaces per tee to 6 and adding plus those required for a driving range and added a provision requiring 2.5 spaces for each driving tee at a driving range. Proposed an alternative for Section 7.06 J, Electric Vehicle Charging Stations.  Staff searched and found some other ordinances which address this topic.  What is proposed was pulled from those ordinances and slightly modified.  The Building Official was pleased with the language proposed in J 2.  The Commission could accept the new language, revert back to the previous language, suggest alternative language, ask staff to continue researching options, or remove the language. 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 recommends approval of the draft ordinance subject to determination on the desired wording regarding providing for electric vehicle parking requirements. SUGGESTED MOTION Move to recommend approval of Ordinance 23-05. Attachments Proposed Ordinance  February Staff Report  Existing Parking Ordinance  Strikethrough Ordinance  Ordinance without strikethroughs  Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 1 of 17 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 by allowing for and encouraging creative design options for permeable paving and shared parking; 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. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 2 of 17 Draft Revised Chapter 7 Parking – Version 1 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 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 17 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 or violate County environmental or ADEQ regulations. Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 4 of 17 Draft Revised Chapter 7 Parking – Version 1 C. Maintenance. All parking areas, driveway aprons, and landscaping shall be maintained consistent with the approved design 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 17 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 17 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 17 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)thirty (30) 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 17 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 17 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 17 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 17 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 17 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 17 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 Minimum Parking Requirement Open Space Golf course 2 6spaces per tee plus spaces for restaurant, /pro shop, or driving range if provided. Driving range 2.5 per each driving tee Park land As needed Trails /Trailheads As needed Undeveloped natural land None Residential Single, Attached or Detached dwelling Duplex Dwelling 2 per unit Accessory dwelling unit 1 additional space Multiple Residences 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 designate 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 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 Eating and drinking establishments 1 per 75 sq. ft. of gross floor area of, including outdoor assembly and dining Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 14 of 17 Draft Revised Chapter 7 Parking – Version 1 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 Office uses Business support uses Community and cultural Food and beverage stores Personal services Personal storage Studios 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 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-tenant building) 1 per 275 sq. ft. of gross floor area Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 15 of 17 Draft Revised Chapter 7 Parking – Version 1 Retail not elsewhere classified Rental facilities (other than automotive) 1 per 350 sq. ft. of gross floor area Furniture and other large items 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 Per parking study Primary school 1.25 per classroom plus 1 per 200 sq. ft. of gross floor area of office areas Secondary school 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 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 Chapter 7 Parking and Loading Requirements | Fountain Hills Zoning Ordinance Page 16 of 17 Draft Revised Chapter 7 Parking – Version 1 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 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 | Fountain Hills Zoning Ordinance Page 17 of 17 Draft Revised Chapter 7 Parking – Version 1 1. All new or expanded parking areas providing parking for fifty (50) or more vehicles shall provide the electrical capacity necessary to accommodate the future hardwire installation of Level 2 Electric Vehicle Charging Stations for a minimum of 10% of required parking spaces. 2. Construction documents shall indicate the raceway termination point and the location of installed or future electric vehicle spaces, receptacles, or electric vehicle chargers. Construction documents shall also provide information on amperage of installed or future receptacles or electric vehicle supply equipment, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction. Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated electric vehicle branch circuit is installed in close proximity to the location or the proposed location of the electric vehicle space at the time of original construction. 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 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. 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. ITEM 8. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/13/2023 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):  PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 23-06, Site Plan Review Ordinance, repealing and replacing Zoning Ordinance Section 2.04, Site Plan Review Regulations. Staff Summary (Background) Staff and the Commission are reviewing each of the sections of Chapter 2 of the Zoning Ordinance to update the requirements and procedures for processing land entitlement cases.  The Commission and Council previously reviewed and approved amendments to Section 2.02, Special Use Permits.  The Commission is now reviewing Section 2.04, Site Plan Review Regulations. The Commission reviewed a draft ordinance to replace this section at their February 2023 meeting.  The Commission made suggestions for modifications to the draft ordinance and asked staff to set a public hearing on the ordinance for the March meeting. The draft ordinance has been revised to address the comments made by the Commission.  Attached Ordinance 23-06 includes all of the previous modifications and shows the additional modifications with strike through and underlines. Because of the extensive number of changes in format and organization to the existing code language, it will be easier to simply repeal the existing ordinance and replace it with a new ordinance. The staff report for the February 2023 meeting and the strike through ordinance discussed at that meeting are attached. The revisions made to the draft ordinance based on the previous discussion include amending sections:  B 3 c vi to add the section number of the Subdivision Ordinance which contains the requirement for hillside protection. B 3 d v to add a reference to Chapter 19 of the Zoning Ordinance. B 3 d vi to add a reference to Article 6 of the Subdivision Ordinance for landscape requirements. B 3 d xv to add a reference to Chapter 7 of the Zoning Ordinance for parking requirements. C 1 to change the word "review" to "evaluate" to remove double use of the word. C 1 to change the word "review" to "evaluate" to remove double use of the word. F to clarify that modifying a development would trigger the requirement to submit for a site plan amendment. G to add Planning and Zoning Commission into the review process. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.04, Site Plan Review Regulations Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Ordiannce 23-06. SUGGESTED MOTION MOVE to recommend approval of Ordinance 23-06. Attachments Draft ordinance  February 2023 staff report  Previous draft ordinance, strikethrough  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. Commented [JW1]: Updated to reflect electronic submittals 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, Section 5.04, or specifically identify variations from these requirements. d. Proposed land use areas and specifications, including use standards of each area, as applicable: 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 (See Chapter 19 for Architectural Review Guidelines). 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, Article 6. 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. 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 (See Chapter 7, Parking and Loading 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 1. Determination of Complete Application. Before initiating review, the Development Services Director, or designee, shall review evaluate 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. F. Site Plan ModificationsAmendments. Following approval of a site plan, modifications and amendment to the site or building must be approved through approval of a site plan amendmentmay be considered following the procedures above. Site plan modifications amendment may be considered minor or major as defined below. The fee for a minor site plan modification amendments 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. 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 Planning and Zoning Commission and Town Council with the special use permit. 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. ITEM 9. a. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/13/2023 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):  Provide comments on the architectural design for development at 15006 N. Ivory. Staff Summary (Background) The Commission reviewed and made a recommendation to approve a Special Use Permit for residential development on property at 15006 N. Ivory.  That request was subsequently approved by the Town Council. Discussion by the Commission and citizens who attended the meeting included some concerns regarding the proposed architecture of the building as it was proposed.  None of the discussion ended up in the minutes and there were no stipulations placed on the approval by either the Commission or Council. The Fountain Hills General Plan 2020, Thriving Neighborhoods Element includes the following goal and policy: Goal 1:  Continue to develop and maintain thriving neighborhoods Policy 2: Protect existing neighborhoods from incompatible development that does not support the character of that area. Section 19.04 H of the Zoning Ordinance states:  H. Provide compatible infill structures: New infill and/or renovations to existing structures must be compatible with existing surrounding buildings in terms of mass, scale, height, façade rhythm, placement of doors and windows, color, roof shapes and use of materials without duplicating outdated architectural styles. When a new or infill building is proposed that is much wider than the characteristic facades of adjacent buildings, the facade shall be broken down into series of appropriately proportioned “structural bays” or components. Typical solutions are segmented bay series of columns or masonry piers that frame windows, doors and bulkhead components. Long blank or unarticulated wall facades that face the street are strongly discouraged. The elevations included with the site plan have not changed significantly since the P&Z Commission review.  While the proposed building is attractive and uses quality materials, staff has a concern that the proposal does not meet the guideline of being "compatible with existing surrounding buildings."  Before taking any additional action on the proposed site plan, staff is seeking Commission feedback on the compatibility of the proposed design. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Chapter 19 General Plan 2020, Thriving Neighborhoods Element Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION Staff is looking for general feedback and comments, no action will be taken. Attachments Site Plan and Elevations  UP UP WH UP W D W D W D UP 1994 SF OWNER OCCUPPIED OFFICE COMMON OPEN SPACE OWNER OFFICE PARKING AREA - COVERED PRIVATE OPEN SPACE RESIDENTIAL STORAGE 1441 SF LOT OPEN SPACE 129 SF MECH 408 SF TENANT STORAGE 3612 SF RESIDENT COVERED PARKING 191 SF STAIR 2 168 SF STAIR 124 SF FIRE RISER 108 SF BALCONY 4 113 SF BALCONY 2 64 1 S F CI R C U L A T I O N 88 SF BALCONY 3 132 SF BALCONY 1 1363 SF 2 BEDROOM - UNIT 4 1295 SF 2 BEDROOM - UNIT 2 1321 SF 2 BEDROOM - UNIT 3 1501 SF 2 BEDROOM - UNIT 1 APN: 176-04-814 ZONING: C-C E E L P U E B L O B L V D EXISTING CONCRETE CURB/ GUTTER & SIDEWALK TO REMAIN N I V O R Y D R 3 0' R .O .W . R.W . 4 2 ' - 0" R.W. 42' - 0 " ZERO LOT LINE CONDITION TO EXISTING PARKING FIELD NEW 20' WIDE DRIVE WAY TO RESIDENT GARAGE APN: 176-04-715 ZONING: C-C EXISTING DRIVEWAY TO REMAIN EXISTING DRIVEWAY TO REMAIN EXISTING ASPHALT PARKING LOT EXISTING TRASH ENCLOSURE EXISTING ASPHALT PARKING LOT EXISTING LANDSCAPE 1 9 ' - 0 " 2 6' - 0 " ACCESSIBLE PARKING STALL W/ AISLE EXISTING FIRE HYDRANT APN: 176-04-814 ZONING: C-C 9 ' - 0 " NEW CURB RAMP NEW STRIPING OF EXISTING STALLS(TYP) NEW CONCRETE WALK CONNECTIONS (TYP) EXISTING LANDSCAPE EXISTING SIDEWALK TO REMAIN EXISTING SIDEWALK TO REMAIN NEW CONCRETE WALK CONNECTIONS (TYP) NEW PERIMETER LANDSCAPING 7 5 ° 44' 5 1 " 7 9 .9 8 'N E 1 1° 51 ' 35" 80.00' S E 7 0 ° 1 8' 0 0 " 8 9 .7 7 'S W 1 9 ° 4 2' 0 0 " 6 6 . 8 7 ' N W R= L=29.03' 20.00' FIRE RISER ELEC. BOXES TO BE SCREENED 1 9' - 7 " 5' M I N .5 ' - 0 " 4' - 3 5 /8 " 9 0' - 0 " 5' - 1 0 7 /8 " 7 ' - 2 9 / 1 6 " 7 6' - 8 " 3' - 9 1 1 / 1 6 " 1 ' - 4 "4' - 0 " 4' - 7 " 8 4' - 0 " 1 ' - 1 5 /8 " 4 ' - 1 0 1 / 2 " 7 4' - 0 " 0' - 8 1 / 2 " 0 ' - 6 " 0' - 6 " 0' - 6 " 0 ' - 6 " 1 '-6 " M I N .3' - 0 " 3 6' - 0 " 1'-6 " M I N .1 ' - 1 0 3 /4 "1'-6 " M I N .4 ' - 0 " 2 0' - 0 " 0 ' - 6 " POPO UT DEPTH PROJECT DATA BUILDING AND SITE BASICS: PROJECT ADDRESS:15006 N IVORY DRIVE FOUNTAIN HILLS, ARIZONA 85268 ASSESSORS PARCEL #(S):176-04-715 LOT SIZE:7,968 S.F. EXISTING ZONING:C-C PROPOSED REZONE TO P.A.D.: BUILDING AREA FOOTPRINT:6,526 S.F. STORIES:2-STORY OPEN AREA S.F.:1,467 S.F. (18%) TOTAL AREA UNDER ROOF:13,088 S.F. FIRST FLOOR AREA:OWNER OCCUPIED OFFICE: 1,994 S.F. TENANT STORAGE: 408 S.F. COMMON: 512 S.F. PRIVATE GARAGE: 3,612 S.F. TOTAL:6,526 S.F. SECOND FLOOR AREA: UNITS:2 BEDROOM -UNIT 1: 1,501 S.F. 2 BEDROOM -UNIT 2: 1,295 S.F. 2 BEDROOM -UNIT 3: 1,321 S.F. 2 BEDROOM -UNIT 4: 1,363 S.F. BALCONIES:BALCONY UNIT 1: 132 S.F. BALCONY UNIT 2: 113 S.F. BALCONY UNIT 3: 88 S.F. BALCONY UNIT 4: 108 S.F. COMMON:CIRCULATION: 641 S.F. TOTAL:6,562 S.F. PARKING: REQUIRED PARKING: OFFICE:1,994 SF / 250 SF = 8 RESIDENTIAL: TWO BEDROOM:4 X 2 STALLS PER UNIT = 8 GUEST PARKING:4 X .25 STALLS PER UNIT = 1 TOTAL 17 STALLS PROVIDED PARKING:SEE SHARED PARKING AGREEMENT 5 COVERED -RESIDENTIAL PARKING ONLY 14 SHARED PARKING (1 ACCESSIBLE) TOTAL:19 STALLS OWNER: GURCZAK LUXURY DEVELOPMENT & USE 15436 E PALATIAL CIRCLE FOUNTAIN HILLS, ARIZONA 85268 CONTACT: JOHN GURCZAK T: 480-272-1308 E: john.gurczak@gmail.com ARCHITECT: SYNECTIC DESIGN, INC. 1111 W. UNIVERSITY DRIVE, SUITE 104 TEMPE, ARIZONA 85281 CONTACT: LANCE D. BAKER T: 480.948.9766 E: lbaker@sdiaz.us PROJECT TEAM E GLENBROOK BLVD E EL PUEBLO BLVD N FOUNTAIN HILLS BLVD N I VO R Y D R VICINITY MAP no r t h THIS PROJECT THIS PROJECT CONSISTS OF A PROPOSED APPLICATION FOR A SPECIAL USE PERMIT ON A CORNER PARCELS WITH EXISTING SURFACE PARKING LOT. PROPOSED CONSTRUCTION OF A NEW 2-STORY 13,180 S.F. MIXED USE BUILDING WITH FIRST FLOOR OWNER OCCUPIED OFFICE SPACE AND 2ND FLOOR RESIDENTIAL UNITS. SITE IMPROVEMENTS INCLUDE NEW LANDSCAPE. OFF-SITE IMPROVEMENTS INCLUDE NEW DRIVEWAY AND MODIFICATIONS TO THE EXISTING SIDEWALK FOR NEW CONSTRUCTION. PROJECT NARRATIVE First Floor 0' -0" Second Floor 12' -0" Roof 21' -0" Max Height 25' -0" T.O. Window 8' -0" T.O. Window 2nd Floor 20' -0" T.O. Plate 9' -6" 1' - 4"21' - 6"1' - 4" 2' - 0 " 0' - 8 " 1' - 2" First Floor 0' -0" Second Floor 12' -0" Roof 21' -0" Max Height 25' -0" T.O. Window 8' -0" T.O. Window 2nd Floor 20' -0" T.O. Plate 9' -6" 0' - 6" 1' - 4"18' - 4"1' - 4" 2' - 0 " 1' - 0" 1' - 2 " 1' - 4" 2' - 0 " ALL ROOFTOP EQUIPMENT TO BE SCREENED TO LIMIT VISIBILITY First Floor 0' -0" Second Floor 12' -0" Roof 21' -0" Max Height 25' -0" T.O. Window 8' -0" T.O. Window 2nd Floor 20' -0" T.O. Plate 9' -6"2' - 0 " 0' - 8 " 1' - 0"20' - 0"1' - 0"1' - 4"1' - 2" 0' - 6" First Floor 0' -0" Second Floor 12' -0" Roof 21' -0" Max Height 25' -0" T.O. Window 8' -0" T.O. Window 2nd Floor 20' -0" T.O. Plate 9' -6"2' - 0 " 1' - 4"14' - 0"1' - 4" 0' - 8 " 0' - 6"0' - 6" DESCRIPTION MFR FINISH EXTERIOR FINISH LEGEND A PAINTED STUCCO DUNN EDWARDS DE6214 -PIGEON GRAY DESCRIPTION MFR FINISHB 12" x 24" LIMESTONE TBD TBD DESCRIPTION MFR FINISH C METAL WORK, DOORS, AND WINDOWS VARIES, ANDERSON 100 BLACK DESCRIPTION MFR FINISHD GLAZING TBD CLEAR LOW-E R TEO N g LANCE D. 35529 BAKER S IZO R A i a e t D C .. A ne ,S.U .d .....A ....... . EER FIRTGSIE T C E ARC TITA N E H CI D Th i s d r a w i n g i s t h e p r o p e r t y o f S y n e c t i c D e s i g n I n c or p o r a t e d , 1 1 1 1 W U n i v e r s i t y D r , S u i t e # 1 0 4 , T e m p e Az , 8 5 2 8 1 , 4 8 0 . 9 4 8 . 9 7 6 6 . T h i s d r a w i n g i s l i m i t e d t o t h e o r i g i n a l u s e f o r w hi c h i t w a s p r e p a r e d . C h a n g e s , r e p r o d u c t i o n s , o r a s si g n i n g t o a n y t h i r d p a rt y o f t h i s d r a w i n g f o r a n y o t h e r u s e i s n o t p e r m i t e d w i th o u t w r i t t e n c o n s e n t o f S y n e c t i c D e s i g n I n c o r p o r a t ed . C 2 0 1 9 S Y N E C T I C D E S I G N 1111 West University Drive, Suite 104, Tempe, AZ 85281 t:480.948.9766 f:480.948.9211 Phase: Drawn By: Reviewd By: SDI Project No: Date: Sheet: REVISIONS EXP. 12/31/2024 3/3/2023 11:43:43 AM Autodesk Docs://4273 Ivory BIM 360/4273 Central22 360.rvt 15 0 0 6 N I V O R Y D R I V E - MI X E D U S E 15 0 0 6 N I V O R Y D R I V E FO U N T A I N H I L L S , A R I Z O N A 8 5 2 6 8 CD SDI LDB 4273 2023-03-03 ARCHITECTURAL SITE PLAN DD1.1 2 0 2 3 -0 1 -3 0 1/16" = 1'-0"2 Area Plan - 1st Floor 1/16" = 1'-0"3 Area Plan - 2nd Floor 1" = 20'-0"1 Site Plan - Preliminary no r t h 0 4020 1/8" = 1'-0"6 North Elevation 1/8" = 1'-0"4 South Elevation 1/8" = 1'-0"5 East Elevation 1/8" = 1'-0"7 West Elevation BUILDING AREAS Name Area ROOF 6779 SF 6779 SF COMMON MECH 129 SF STAIR 1 168 SF CIRCULATION 641 SF STAIR 2 191 SF FIRE RISER 24 SF 1153 SF OPEN SPACE LOT OPEN SPACE 1441 SF 1441 SF OWNER OFFICE OWNER OCCUPPIED OFFICE 1994 SF 1994 SF PARKING AREA - COVERED RESIDENT COVERED PARKING 3612 SF 3612 SF PRIVATE OPEN SPACE BALCONY 4 108 SF BALCONY 2 113 SF BALCONY 3 88 SF BALCONY 1 132 SF 441 SF RESIDENTIAL 2 BEDROOM - UNIT 1 1501 SF 2 BEDROOM - UNIT 3 1321 SF 2 BEDROOM - UNIT 2 1295 SF 2 BEDROOM - UNIT 4 1363 SF 5481 SF STORAGE TENANT STORAGE 408 SF 408 SF Grand total: 18 21310 SF A1.1