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HomeMy WebLinkAboutAGENDApacket__04-10-23_0526_464       REVISED 4/10/23 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      TIME:6:00 P.M. – REGULAR MEETING WHEN:MONDAY, APRIL 10, 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           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  March 13, 2023.     5.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.     6.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 23-05, Parking Ordinance, repealing and replacing Zoning Ordinance, Chapter 7, Parking and Loading Requirements.     7.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Amendments to Zoning Ordinance Chapter 6, Sign Regulations.      8.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.    a.Provide direction on possible text amendment to provide zoning allowances for tattoo and body piercing shops.     9.SUMMARY OF COMMISSION REQUESTS from Development Services Director.    10.REPORT from Development Services Director.    11.ADJOURNMENT       CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Planning and Zoning Commission with the Town Clerk. Dated this ______ day of ____________________, 2023.    Planning and Zoning Commission Meeting of April 10, 2023 2 of 3 _____________________________________________  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 April 10, 2023 3 of 3 ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/10/2023 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Paula Woodward, Executive Assistant Staff Contact Information: Request to Planning and Zoning Commission (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission  March 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 March 13, 2023.   SUGGESTED MOTION MOVE to approve the regular meeting minutes of the Planning and Zoning Commission  March 13, 2023. Attachments SUMMARY AND VERBATIM  Planning and Zoning Commission March 13, 2023 1 of 4 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION MARCH13, 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 on March 13, 2023, to order at 6:00 p.m. and led the Commission and audience in the Pledge of Allegiance and Moment of Silence. 2. ROLLCALL Commissioners Present: Chairman Peter Gray: Vice Chairman Scott Schlossberg; Commissioner Clayton Corey; Commissioner Susan Dempster; Commissioner Dan Kovacevic; Commissioner Rick Watts, Jr. Commissioners Absent: None Staff Present: Development Services Director John Wesley, Senior Planner Farhad Tavassoli, and Executive Assistant Paula Woodward 3. CALL TO THE PUBLIC The following residents addressed the Commission under the Call to the Public: Crystal Cavanaugh Jane Bell Larry Meyers Recorder’s Note: Chairman Gray reordered the agenda items as follows: 1, 2, 3, 5,9,4,6,7,8,10,11,12, due to the number of residents speaking and in attendance on behalf of those items. 4. CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission February 13, 2023. MOVED BY Commissioner Corey to approve the regular meeting minutes of the Planning and Zoning Commission February 13, 2023, SECONDED BY Commissioner Dempster. Vote: 7 - 0 passed – Unanimously 5. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Rezone for 3.1 acres of a 6.3-acre property from R1-10 Single Family Residential to R-3 Multifamily Residential, and the remaining 3.2 acres of the same property from R-4 Multifamily Residential to R-3 Multifamily Residential, to allow for a residential project consisting of 80 apartment units, generally located at the southeast corner of Palisades Blvd. and Mountainside Drive. Planning and Zoning Commission March 13, 2023 2 of 4 Farhad Tavassoli, Senior Planner presented the Rezone request for the property located at the southeast corner of Palisades Blvd and Mountainside Drive and answered the Commission’s questions. Chairman Gray opened the item up for public comment. The following residents provided written statements stating that they were against the project: Dennis & Renee Martyka Dane Flynn Pamela Flynn The following residents addressed the Commission: John Kavanagh Cheryl Norton Jeanne Mayeny Joe DeLucia Liz Gildersleeve Sharon Hutcheson Faryl Palles Rick Sugg Dave Boyer Gretchen Boyer Clyde Hurtig Lori Troller Brett Hawkins Ed Stizza Ron Schwartza Frank Orlando Gale Evans Commission Corey made a MOTION to deny the rezone for the 3.1 acres of the 6.8-acre property form the R1-10 single family residential to R-3 multifamily residential. MOTION FAILED MOVED BY Chairman Gray to forward a recommendation to the Town Council to approve the Rezone with the eight stipulations outlined in the staff report and add: no less than 24 units per building, and a traffic solution between Mountainside Drive and Palisades Blvd, SECONDED BY Commissioner Kovacevic. Vote: 5 - 2 passed Commissioner Corey Nay Commissioner Dapaah Aye Commissioner Dempster Aye Commissioner Kovacevic Aye Commissioner Watts Nay Vice Chairman Schlossberg Aye Chairman Peter Gray Aye Recorder’s Note: The Planning and Zoning Commission recessed at 8:54 p.m. for a short break and reconvened at 9:00 p.m. 6. PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Amendments to Zoning Ordinance Chapter 6, Sign Regulations. Planning and Zoning Commission March 13, 2023 3 of 4 John Wesley, Development Services Director provided a PowerPoint Presentation regarding the proposed text amendment changes to the sign regulations. Chairman Gray opened the item up for public comment. The following resident addressed the Commission: Gene Slechta Chairman Gray MOTIONED to continue agenda items 7, 8, 9, 10, and 11 to the Planning and Zoning Commissions next meeting, April 10, 2023, SECONDED BY Commissioner Dempster. Vote: 7 – 0 -unanimously 7. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 23-05, Parking Ordinance, repealing and replacing Zoning Ordinance, Chapter 7, Parking and Loading Requirements. Continued to the next scheduled meeting April 10, 2023. 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. Continued to the next scheduled meeting April 10, 2023. 9. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. a. Provide comments on the architectural design for development at 15006 N. Ivory. Discussion ensued regarding the architectural character and exterior color. The Commission expressed their support for the designs submitted by Mr. Gurzak, project, and property owner. The following resident addressed the Commission: Ed Stizza 10. SUMMARY OF COMMISSION REQUESTS from Development Services Director. Continued to the next scheduled meeting April 10, 2023. 11. REPORT from Development Services Director. Continued to the next scheduled meeting April 10, 2023. 12. ADJOURNMENT Chairman Gray adjourned the Regular meeting of the Fountain Hills Planning and Zoning Commission held on March 13, 2023, at 9:26 p.m. Planning and Zoning Commission March 13, 2023 4 of 4 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 March 13, 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this day of March 13, 2023. Paula Woodward, Executive Assistant TOWN OF FOUNTAIN HILLS Page 1 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 1 of 75 Post-Production File Town of Fountain Hills Planning and Zoning Commission Regular Meeting March 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 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 2 of 75 GRAY: I'd like to call this meeting to order. This is the March 13th version of the Fountain Hills Planning and Zoning Commission. If you would all please rise with us for the Pledge of Allegiance and a moment of Silence. ALL: I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. [MOMENT OF SILENCE] GRAY: Thank you. All right. Call of roll call please. WOODWARD: Commissioner Corey. COREY: Here. WOODWARD: Commissioner Dapaah. DAPAAH: Here. WOODWARD: Commissioner Dempster. DEMPSTER: Here. WOODWARD: Commissioner Kovacevic. KOVACEVIC: Here. WOODWARD: Commissioner Watts. WATTS: Here. WOODWARD: Vice Chairman Schlossberg. SCHLOSSBERG: Here. WOODWARD: Chairman Gray. GRAY: Here. Thank you, Paula. Agenda item 3, call to the public. Paula, do we have any call to the public speaker cards? WOODWARD: Yes, Chairman, there are three. GRAY: Thank you very much. Let's go ahead and call them up. WOODWARD: In order, first speaker is Crystal Cavanaugh, Jane Bell, and Larry Meyers. CAVANAUGH: Good evening. September 24th, 2022, a property located at 16927 East Saguaro, behind the Denny's area, near the Old Firerock community was marketed by Grace CRE as an amazing office space or potential wellness rehab property in the heart of Fountain Hills. Some of us were concerned enough with that statement that we actually mentioned it at a town council. One month later, this sold for $1 million to TOWN OF FOUNTAIN HILLS Page 3 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 3 of 75 Angel Heart Health Services. A warranty deed was not recorded but there is a contract to conveyance between the seller and the two principles of Angel Heart Health Services. Shouldn't a realtor know what the zoning is before marketing a non-conforming use? Shouldn't a purchaser check out zoning restrictions? This property is zoned, here in Fountain Hills, as C-0, commercial/office. We have an ordinance on the books describing what types of businesses can operate in this zone. It is defined quite specifically. It's meant for well-designed, attractive businesses that meet criteria for perpetual or semi-professional offices that transition between other commercial land uses and residential neighborhoods in the area. The ordinance clearly lists business types that conform, such as: accountants, doctors, dentists, chiropractors, engineers, private detectives, lawyers, and financial institutions. The only type of counseling services allowed is for marital counseling. An NPI number tells people who you are and what you do. Angel Heart Health Services has a taxonomy provider number associated with being an addiction or substance use disorder counselor. Their state license is for behavioral health. And the two principles are listed as behavioral analysts. Behavioral health services do not conform to this zoning. We have an ordinance clearly stating where behavioral health can occur and it can't occur in C-0. Apparently, this business has not yet officially opened. They have not yet applied for a business license in Fountain Hills. If the future application states counseling services, it is imperative that town staff know what counseling services will be provided. Substance abuse and addiction services are non-conforming and should not be approved. If anyone is currently unaware of the behavioral health licensing category for this business, they need to do some research. Going directly to the Angel Heart Health Services website gives a description of their services and lists medical associates. Medical personnel are not usually needed for marital counseling. We have land use restrictions and zoning ordinances for reasons. Just as with Mountainside, citizens need to be able to count on zoning being enforced with staff making the decisions in the best interest of our community. Thank you. [APPLAUSE] GRAY: Folks, we're going to try and keep in moving tonight, so if we could refrain from TOWN OF FOUNTAIN HILLS Page 4 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 4 of 75 the applause. BELL: Chairman and Commissioners, I am here tonight asking for your help in denying a business permit to operate by the Angel Heart Health Services, newly located at 16927 East Saguaro Boulevard. This parcel is zoned C-0 and is very specific in its uses for behavior health, is not 1, Angel Heart is a behavioral health services by our own website, state licensing, NPI, and is not marriage counseling. Their centers are responsible for assuring the delivering of community-based mental health, mental retardation, substance abuse, and/or behavioral health. Giving services to individuals and their disabilities. Drug treatment and behavioral health terms are often used interchangeably in both businesses to address drug addiction. According to the state Board of Behavioral Health examiners of Arizona, there is this Title 32, Chapter 33, Behavioral Health Professions. Under 32-3351, Number 7, under definitions, "The practice of marriage and family therapy means the professional application of family systems theories, principles, and techniques to treat interpersonal relations issues." Under 10, "Practice of substance abuse counseling means and includes the use of psychotherapy for the purpose of evaluation, diagnosis, and treatment." Angel Heart Services are subject -- I mean are substance abuse treatment businesses as per their own website. And the eyes of the State of Arizona licensing. No business license should be granted for this use in this commercial zoning on C-0. Please make sure to uphold the ordinance governing land use as written by the town ordinance. I want to show you this, and I think it makes a statement on it. Angel Heart Services is a mental health clinic. Now we're familiar with Fountain Hills Recovery Center. And beside it, it's a mental health treatment. These words are used to interchangeably, you got to be astute to it. If it quacks like a duck, it is a duck. Thank you. MEYERS: Chair, Commissioners, not to belabor the point, I handed you a handout that's only half of what there is. I ran out of paper, ran out of ink. I will email it. So as was stated, this parcel is C-0. There's a list of things that can be done in C-0. By our own standards, behavioral health is not a use in C-0. The NPI on all of Angel Heart's Services facilities throughout the valley, of which there TOWN OF FOUNTAIN HILLS Page 5 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 5 of 75 are many, their NPI is behavior substance abuse. Their taxonomy is substance abuse counselor. That's the facility. The principles are behavioral analysts by their own NPI number. So everyone concerned with this particular business, which is applying or has applied for a business license to operate in Fountain Hills in the C-0 office district is connected with behavioral health. And we've just gone through two years where this commission and the counsel delineated behavioral health from the definition of hospital so that they couldn't exist in C-1. Why would it exist in a lower zoning C-0, be allowed to exist there. And a beautifully written ordinance for where it actually can exist was just forwarded on from this body to the counsel, passed with one minor change, and that's not C-0, that's C- 2/C-3, if all of the parameters can be met. One more item to bring to your attention. The state, they're licensed with the state, is for behavior health. And they're seven citations from the Tempe facility, and I'm not mentioning the citations because they have them, they're citations are for abuses of behavioral health. So as my colleague, Ms. Bell said, sounds like a duck, it's quacking like a duck, pretty sure it is a duck. It's already purchased the building. Sorry, you should know what your zoning is. And they're going to be applying for a business license. So I would -- I am only here to bring this to this body's attention. I'm here to bring it to staff's attention. And we're, as a citizen, as a group of citizens, we -- we're not going to allow it. This is an ordinance that's written. It's on the books. It hasn't even been changed in I don't know how many years. C-0's been there for a long time. And this use not a C-0 use. I don't care if the word counseling -- counseling of a lot of different things. So if they're not a marriage counselor, they're not in C-0 as far as we're concerned. Thank you very much. GRAY: Any more speaker cards? WOODWARD: Yes, Chairman. Bob Strasser (phonetic). STRASSER: Thank God they spoke before me because I can be even briefer. They said -- they said a lot of the things that I was going to get into but when we purchased the house in 2018 in Fountain Hills, one of the areas that I did diligent research on was zoning, schools, things like that to decide that I was going to live here. TOWN OF FOUNTAIN HILLS Page 6 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 6 of 75 What I'm seeing is the trend that other -- other communities -- other communities are -- are not getting -- are not having these sorts of organizations frequency -- frequenting them. They instead -- it's a cash -- basically, it's a cash making operation. The -- the organizations that start, they get reimbursed a large amount of money. It's -- the whole purpose of it, really isn't -- is a drug rehab, isn't really counseling. It's about the bucks that they get for every patient that they take in. And I agree with Larry. I agree with Jane. And for crying out loud, I -- I don't want to see Fountain Hills become known as the rehab/rehabilitation capital of Arizona. That concerns me. And you know, if -- if I would have known some of these things in '18, I probably would have weighed them to decide to pick up permanent residence here. I lived 15 years before that in a -- in a condo, which we owned. But when we decided to make the big move and get -- get the -- get the house, that was definitely on the list. So I would encourage you, as Larry said, leave the zoning the way it is, zero, and use it according to the use that prior commissioners, prior village -- or town boards have -- have designated the -- the zero as. Let's not change it. Let's leave it the way it is. I thank you. GRAY: Okay. That concludes the Call to the Public. We'll move on to agenda item number 5 of public hearing, Consideration and Possible Action to resume the 3.1 acres of the 6.3 acre property from R1-10, Single Family Residential to R-3 and the rezoning of 3.2 acres of the same property from R-4 multifamily to R-3 multifamily. Farhad, your presentation, please. TAVASSOLI: Thank you, Mr. Chairman, members of the Commission, and the public, as most of you well know, this items was continued from the January 9th meeting. Two months later, here we are revisiting the case. And just to -- as a brief refresher, I've prepared four slides. And also I'll introduce the modified tentative development plan. But in summary, as you mentioned, Mr. Chairman, this is a rezone proposal for a 6.3 acre property from the R1-10 single family zoning district to the R-4 multifamily zoning district -- or rather, and the R-4 multifamily zoning district to the R-3. The property, the subject property is 6.3 acres. Now, the -- although not depicted here, the northern half of the property is zoned R1-10 and the southern half is currently zoned R-4. The applicant plans on replatting the 6.3 acre property because it does currently TOWN OF FOUNTAIN HILLS Page 7 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 7 of 75 consist of two different parcels, assuming the proposed rezone is approved. So the zone-change request, as I mentioned, I won't go over the first three bullets here but the -- planned use is a proposal for an 80-unit, multifamily development consisting of four buildings. Each building is three stories, including a tuck under -- including tuck under garages. There be a combination of garage and surface parking, which you'll see in the -- the modified, or rather build-side plans. And there are two vehicular access points proposed off of Mountainside Drive. This was the tentative development plan that the applicant came forward with at the January 9th meeting. As you can see, the four buildings that I discussed earlier briefly, they consist of 80 units. Building 3, as you can see, was originally proposed to be 30 feet from the property line, facing Mountainside Drive. And as I mentioned there are two access points, originally proposed to be full ingress egress access. The applicant recently has come forth was a modified development plan. And as you can see, Buildings 3 and 4, particularly the -- the south side in, by the way, north is -- actually I do have the north arrow right there for reference. But the -- the, I guess you'd say the lower-left hand corner of Buildings 3 and 4 have been shifted a little bit towards the east in such a way where Building 3 is now about 90 feet from Mountainside Drive. And Building 4 is approximately parallel to that. This is to address some of the commission and -- and public's concerns about the prominence of some of these buildings from the Lost Hills' neighborhood to the -- directly to the west. Buildings 1 and 2, due to some design consideration -- considerations, particularly with the topography, the applicant has decided to keep those in place as they were originally. The other difference being that, although the same two access points are the same alignment as they were before, the applicant is proposing that the south drive way provide only limited access for emergency vehicles and solid waste pickup. And that would include a gate with a Knox Box should any of those vehicles need to access the -- the development. In place of where Building 3 once stood in its original orientation, the applicant has provided additional land -- or is proposing additional landscaping. So like I said, I -- I was keeping my comments brief. The applicant can -- well, actually has a presentation to present before you today as well in which he will discuss these modifications more TOWN OF FOUNTAIN HILLS Page 8 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 8 of 75 briefly. But I will be happy to answer any questions before I hand it over to the applicant. GRAY: Commissioners, preliminary questions for Farhad? Commissioner Dapaah. DAPAAH: Yeah, Farhad, I'm looking at this drawing and don't see any indication or anything that addressed the drainage that is existing now on the property. Is there anything there that we don't see or -- TAVASSOLI: Commissioner, Chairman -- or Chairman, Commissioner Dapaah, so currently the -- it is sloped towards the east. So the natural drainage drains into this wash right here to the far east. And so the applicant does have a -- has considered tentatively what that drainage plan would -- would look like and he can discuss it in more detail. But for the most part, the applicant does not -- doesn't have any plans to disrupt any of the flow -- natural flows. They will be redirected, but they will still drain into the wash. DAPAAH: Okay. Does this -- this is a Senderos development. Do they own any other development here in town? TAVASSOLI: None that I'm aware of, Commissioner. DAPAAH: None here in town? TAVASSOLI: None that I'm aware here in -- in town. DAPAAH: Okay. All right. I'll hold GRAY: Commissioner Corey. COREY: Yeah, thanks, Farhan, can you just jump back to the first design. We don't have that in the deck here, so I wanted to -- just get the visual. Okay, so those buildings were turned and pushed down the hill a little bit, Building 3 and 4. I see -- okay, thank you. GRAY: Commissioner Watts. WATTS: Before I -- point of clarification. By right, Buildings 1 and 2 could be constructed, and probably a portion of Building 3 without -- or closer to Morningside. And they could be more dense. So form a practical standpoint, we're really talking about Building 4 more than anything else. That -- that's where the rezoning has to take place to accommodate, we can go from single family resident. In that case, the seat of the C-4 zoning -- or I'm sorry -- TOWN OF FOUNTAIN HILLS Page 9 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 9 of 75 UNIDENTIFIED SPEAKER: R-4 WATTS: -- R-4 zoning, can you tell me what the minimum and maximum building envelope are for those areas? I'm trying to get a sense of how many residents could be in that area. Would it be as congested as having Building 4, would it be worse, so? TAVASSOLI: Mr. Chairman, Commissioner, I don't have the minimum building setback standards before me. But the -- when comparing R-3 and R-4, the setback from Mountainside in both cases is -- is 30 feet. But as far as the setback standards, I'd have to refer to the table, and I can do that at a -- describe the building envelope required for the zoning district. WATTS: So what I'm getting at is in the single family zoning, that R-4, even though, theoretically, you can take the three acres and you can do the math and say I can get 13 residences in there. The practicality of that is, it's not going to happen. TAVASSOLI: That's correct, yes. WATTS: So most likely, it's going to be closer to some where's 7 or 8, depending upon a lot of factors. So again, going to Building 4, we're talking about an increase in density in that building as opposed to the -- the single family residents, but the disruption is going to be equal. And my concern really is that Building 1, 2, and 3, if we can't come to some sort of terms, we could end up with kind of a mess. It could be pulled closer to Mountainside. The elevations could change. And I'm trying to make sense out of why to approve it and to move forward, to support it and try to make sure that we don't get something that we didn't intend to get in the first place and get something worse in the product that's being suggested. That's more of a statement, sorry about that Farhad. TAVASSOLI: That's quite all right. Point well taken. COMMISSIONER GRAY: Farhad, just one more in -- in last month's hearing, we did talk a little bit about trying to find a way to, I think we used the word parlay on the church's entrance off of Palisades, I assume that was explored between developer and -- and staff and considered prohibitive? TAVASSOLI: Correct. Mr. Chairman, there -- there were a number of considerations with regards to the drainage and the engineering and some rather large culverts would -- would be required if -- if that were to occur. GRAY: Okay. And then, do you have, I think last month we had the -- a civil plan in the TOWN OF FOUNTAIN HILLS Page 10 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 10 of 75 packet. Do we have that today? TAVASSOLI: I -- GRAY: Or is that in the developer's presentation? TAVASSOLI: -- maybe, but -- but yeah, I did not include a -- a grading and drainage plan with the -- the recent presentation. GRAY: Okay. Commissioners, other questions of Farhad? Commissioner Kovacevic. KOVACEVIC: The east end, that's a drain -- there's an easement along the east end of the property, because I -- correct? TAVASSOLI: Correct. KOVACEVIC: And it runs -- and that's -- is it four drains? It's specifically a drainage easement? TAVASSOLI: Correct. There's a -- a drainage easement encompassing that wash. KOVACEVIC: And then, that easements not being modified? TAVASSOLI: There's no plans to modify that easement. KOVACEVIC: Okay. Thank you. GRAY: Okay. Farhad, let's have the developer's presentation, then we'll go to the public hearing. FARHAD: Okay. I'll pull up his presentation here before I leave the podium. MAROWITZ: Good evening, Chairman Gray, Commissioners, for your record, my name is Mike Marowitz with the law firm of Snell and Wilmer at One East Washington Street in -- in Phoenix. And I represent Senderos who is the developer of -- of this project and with me here in attendance are a number of other representatives from the development team. One of the things that -- that I love about my job as a zone attorney is, I get to work on a lot of different development projects and zoning cases in different cities, different towns, and different counties, and as I shared at the last hearing in January, this is one of the most unique cases that -- that I have ever been a part of. And in fact it involves things that I've never been a part of. This is a situation where a developer, in order to build a better designed project, is requesting to rezone a property that results in a down-zone of half the property so that less units can be built on the property today so that the open space that can be provided TOWN OF FOUNTAIN HILLS Page 11 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 11 of 75 today is significantly increased. And so that the traffic that can be generated on this property today is also lessened. Those are -- those are very rare thing -- rare things. But it's a type of development that -- that you expect to see in Fountain Hills. And now, as you'll see, as I go through my presentation, the benefits of approving this zoning application when compared to leaving the zoning in place are exactly those things that -- that now we get much more open space than a by-right development. We have reduced traffic. And we get a much better project design that lowers the buildings, that utilizes slopes so we can lower them down the hill, that orients them in a way so that when viewed from the single family homes to our west, it's not as impactful to views. And I'll show that at I go through the presentation. As Farhad had noted, over the last two months, we spent a lot of time with the help from city staff on working on design changes so that we could address some of the comments and feedback that we received at the last hearing. And I'll go through those in a little bit more detail in this presentation. But before I do that, I want to give just a little bit background information to supplement Farhad's presentation. This is an aerial context map of the property and the surrounding area. And you can see the property is highlighted in yellow there. And it's located at the southeast corner of Palisades and Salin -- Palisades and Mountainside Drive. And for those of you that know this area well, you know that this property slopes significantly to the east. And it also follows a very common land use and zoning pattern where at the corner of your intersection as you go down the hill at Fountain Hill Boulevard and Palisades, you have your commercial land uses. And then, as you move your way west up the hill, past Fountain Hills Boulevard, you have your multifamily land uses. Directly adjacent to our property are the Four Peaks Condominiums. And then, as you move up the hill on our property to the west across Mountainside Drive, that's where you have our single family homes. So our property very much sits as the land use -- part of the land use transition from commercial, multifamily, then to single family residences. Here's a closer-up image of the property. It's a little bit over 6 acres in size. And as Farhad explained, it's currently two parcels today, with a north parcel that's right along Palisades Boulevard. And that one's zoned R1-10. And then the south parcel, which is TOWN OF FOUNTAIN HILLS Page 12 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 12 of 75 also a little over 3 acres in size, that's zoned R-4. You can't see it too well on this slide, but again, as Farhad had mentioned, this property has a very significant slope. And in fact, there is a 60-foot drop from Mountainside Drive to our west, down to the east. That's a 60-foot drop, which presents significant design challenges, but as explained in January, it also provides us an opportunity, because one of the benefits about proving this rezoning application compared to a by-right development, is that it gives us more space so we can spread the buildings out and lower them down the hill and utilize the slopes, so that way we are protecting and preserving the views of the single family homes that are to our west. Farhad mentioned the zoning for the south parcel zone R-4. And what that means is, R-4 is the town's multifamily zoning district. And under its existing zoning standards, you could build that property today, legally by right, with 70 multifamily units. And you could do that without any zoning change. Meaning, that development could happen without any review by the planning commission or by the city council. So you would just need to comply with the minimum development standards. And in fact, when Senderos first approached us, the initial intent was, well let's just develop that property to the south. That property is already rezoned -- or is already zoned for multifamily, so let's build 70 multifamily units on that property. And we showed you at the last hearing of what that development would look like through that conceptual site plan. But there were a number of problems with that development, that while you could do it, makes it not a very great development that certainly isn't compatible with the area or consistent with the type of high-quality development that you expect to see in Fountain Hills. For starters, because it's a small property, you would have to cram your buildings very close together. And because of that, you'd have to locate your buildings up the hill, closer to Mountainside Drive. And what that does is, it causes the buildings to sit up higher on the slope, so that when viewed from the single family homes to our west, the buildings are sitting much higher and blocking views. Nice thing about our development proposal is we can move them down. And I'll explain that in a bit. The other problem you have is, because it's not a large property, and you're putting your three buildings in there for your 70 units, you don't have a lot of open space. TOWN OF FOUNTAIN HILLS Page 13 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 13 of 75 Our rezoning proposal, by incorporating that property to the north, results in 66 percent open space. That is an incredibly high number of open space. And we're able to do that because with our rezoning proposal, it doubles the size of our property, and we're only adding ten additional units. The last problem with a buy-right development on the R-4 parcel is that you don't have a lot of frontage there along Mountainside Drive. And so you just have the one access point to the south. And so all your traffic from 70 units is coming in and out on that southern drive on Mountainside Drive which causes a number of problems and why we have restricted that access and now for only emergencies and also for solid waste collection. So the reason we are here before you today is so that we can build a much better designed development by incorporating the north parcel. That north parcel is zoned R1-10, which means to build single family homes on that property today. And what we are proposing to do is rather than simply developing that property to the north with 70 units, we're proposing to double the size of the property by incorporating that property to the north so that we're rezone the R1-10 piece to R-3 and then downzone the R-4 piece to R-3 so we can build a much better designed development that now looks like this. As you can see, this development provides 80 dwelling units spread out through four buildings. And it solves a number of the challenges that you had if you just built that property to the south with your 70 dwelling units. The first is, as you can see, is that we're able to now spread the buildings out significantly. And we can lower them down the hill and utilize a slope to angle the buildings, so that way now, the buildings are sitting much lower than they would be sitting up higher on Mountainside Drive. And so that's doing a really good job now of respecting the views of the single family homes to the west. The other thing is, now that we have more property and we're only adding ten additional units, you can see just how much open space we're providing. This site plan provides 66 percent open space. And one of the reasons that we're able to do that is that now that we have this additional site area, there is a lot of the proportion of the property that we're not touching. So wrapping around our property to the east and to the north is a wash. And also where the drainage easement is located. This development does not touch the limits TOWN OF FOUNTAIN HILLS Page 14 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 14 of 75 of that drainage easement or that wash at all. It leaves it completely untouched, which is allowing us to provide this development that leaves that wash in its natural environment. And would really be a nice natural feature. And again, provides a type of open space that you'd expect to see in Fountain Hills. The other thing is, because we're only 80 dwelling units compared to a development that would be 70 units to the south and then single family homes to the north, is that we're really reducing the traffic. Because we're developing less units in what you could probably than -- than you could develop there by right. And -- or very close to the amount. And we could go through some of those numbers that our traffic engineer put together as well. As I mentioned, over the last two months, we listened to the feedback and comments that we received in January and worked very hard with the help from city staff on design changes that best address, or does its very best to address those -- the comments that we received. And this site plan provides an overlay, so you can see exactly the changes that we made. So as Farhad explained, we first take in Building 4, and we've dropped it down the hill to the east, so that way now it's sitting at the edge of the drainage easement line. And then we've taken Building 3, we've dropped it as well. And we've dropped the southwest corner of the building an additional 60 feet. And that does a number of things. It now leaves 90 feet of separation between our building, between the corner of that building and -- and our west property line, which allows us to provide a lot more landscaping and open space that's now separating our building from Mountainside Drive. So that way neighbors, rather than looking at a building pushed up against a street, have a lot of landscape and open space that is separating our building from the -- their home. The other thing it does is, because we're now moving it down the hill, is it drops the height of the building. That Building 3 now only sits 8 feet above the finished floor elevation of the single family homes to the west of Mountainside Drive. 8 feet is less than your standard, typical single family home. And we've been able to accomplish that because of the creative way that we've been able to utilize the slope and drop this building. The other big thing that we've done, as Farhad had noted, is that we've restricted that TOWN OF FOUNTAIN HILLS Page 15 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 15 of 75 southern driveway to now emergency ingress and egress and then solid waste collection. So that a garbage truck could get in there and collect trash. And that resolves a number of concerns that we had heard. The very first was, because this property sits on the slope, there was a concern that a resident using that southern driveway would be angled upwards and would be flashing headlights into the single family homes that are to the west of Mountainside Drive. Now, by preventing residents from using that access, that is no longer a -- no longer a concern. The other thing it does is, again, this is a very unique property and a lot of design considerations have to go into it. And our team has spent a lot of time to making sure that we're developing an appropriate development. But Mountainside Drive undulates. And the high point in Mountainside Drive is at Ponderosa Drive, at least as far as the frontage of our property. And that creates a little bit of an unsafe condition, is a concern that we had heard, where traffic that is coming down Mountainside Drive to the south, when they get over the hill, it creates a little bit of a blind spot where there's a dangerous condition if you have all of our traffic on that southern driveway. The nice thing is now, about restricting this driveway is all of our traffic will now be on that northern driveway that's now directing our traffic closer to -- to that intersection. These are examples of how this development, because we're going through this zoning process, has been able -- we've been able to listen to the concerns and comments and come up with a design that seeks to be a solution to some of these issues. The other thing that we've done is we've worked with city staff to propose stipulations to be approved alongside our rezoning application. And the intent of these stipulations is to ensure that the development of this property is developed exactly, or in conformance with the way that we are proposing, but also for the development to be a solution to some of the issues that have been raised. And so I want to go through these quickly. Stipulations 1 through 7 were all included in the staff report that was provided to you, so the language is identical. And then we've added a new stipulation 8, which I'll describe. But to go through it quickly. Stipulation No. 1 requires general conformance to our site plan. And then subsections (a) through (e) identify specific items in the site plan that need to be complied with, including, limiting the development to four buildings, requiring Buildings 1 and 2 to be TOWN OF FOUNTAIN HILLS Page 16 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 16 of 75 angled away from Mountainside Drive, requiring Building 3 to be dropped a minimum of 70 feet from Mountainside Drive. So examples in the site plan that we've incorporated in order to be respectful of the neighboring properties will now be required for this property. Stipulation No. 2 requires general conformance with our elevations. One of the things that we've done in terms of the design to respect the views of the neighboring homes is that we've provided a flat roof with no mechanical equipment on the roof. And so you'll see in subsection (a) and (b), that requires us to not allow any mechanical equipment on the roof. Stipulation No. 3 requires us to provide a minimum of 60 percent open space. Stipulation No. 4 requires the development to be limited to a maximum of 80 dwelling units. No. 5 requires us to make that restriction to the south driveway so it's only used for emergencies and solid waste collection. And then, 6, 7 (a) are examples of ways that this development can be a solution to some of the existing problems that exist on Mountainside Drive. So Stipulation No. 6 requires the developer to work with the town's traffic engineer. To install improvements, such as no parking signs or striping to restrict parking on Mountainside Drive, which is one of the concerns that we had heard from residents. And then Stipulation No. 7 requires the developer to impose an enforce a no -- no parking restrictions. And that would take the form of the lease agreement with future residents that lived in the community to prevent them from parking there. And then we've added the eighth one. And the reason we bolded that is because that is a new stipulation that we have added which was added after the staff report was published. And it requires the developer to install speed bumps or speed humps on Mountainside Drive, because one of the concerns that we heard is that with Mountainside Drive, even though there are stop signs there, there is a little bit of an issue where people are driving above the speed limit, or even running that stop line. And so having -- or that stop sign. And so having these speed bumps or speed humps will help to address that issue. Before I conclude I want to cover this slide. Neighborhood outreach is an incredibly important component of any development project. And this development team has spent countless hours going around door-to-door with the individual neighbors to show them TOWN OF FOUNTAIN HILLS Page 17 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 17 of 75 this development proposal, address any comments or questions that they have. And this slide summarizes the support that we've received for the proposal. So listed on the slide are 58 letters of support from the property owners in green that are identified by the marker there. And those 58 support letters were all provided with your case packet today. Then we have 41 individuals who have asked us to label them as verbal support because for one reason or another did not want their support signed in a letter that was added then to a public case file. And then we have 130 that are identified in yellow who have asked us to list them as neutral support, meaning they didn't have any comments or questions about the development. And this goes to show just how much work in community involvement that this development team has done. And the reason that we're able to do this is, again, because we're going through this rezoning process. So rather than the by-right development that could be 70 units on the south parcel with no control over where the buildings are located, they would just need to meet the minimum building setback standards. And then having a -- a development to the north, that would likely be a single family development, with us, we did a design that not only gets to, again, reduce the density, reduced traffic, significantly increased open space, and work on design components by angling the building to better respect views, but it also gets to be solutions. And so with that, we respectfully request your recommendation of approval subject to the stipulations that we've proposed. Although, before I conclude, Chairman Gray, if it's okay, before questions, I would like to bring up the developer, Ron Cuttler (phonetic) to say a few words, if that's okay. GRAY: Sure thing. Mr. CUTTLER: Chairman Gray, Commissioners, I represent the developers, Senderos, for this application. I just wanted to give a little bit of background and history with Senderos. Senderos is a group of investors that have invested substantially in Arizona. I've been involved with them for over 15 years. They've done some really nice developments around town. Going back a little bit further, I was actually involved in the development and the marketing sale of Thunder Ridge in Fountain Hills. I know TOWN OF FOUNTAIN HILLS Page 18 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 18 of 75 Commissioner Dapaah, you asked about any -- if the developer owns any properties here. That was a for-sale community. So we developed that and it was sold as condominiums, as well as a couple other developments I was involved in. Before that were Majestic Point in Sunflower Villas in town as well. The -- I just wanted to make a point and make it clear that the developer, the people that I represent. They're very -- they understand the concerns of the neighbors. They take them seriously. And they want a development that the community could be proud of. That's their modus operandi. That's how they've always operated. That's how we've developed in the past. If you look at the past projects, the one that we just completed in South Phoenix, that they have bought South Mound called Senderos at south mountain, that gives you a really good ideas of the kind of development that we like to put our name to, which is a quality, high-end development. And to that point, I want to also emphasize that when we purchased the property to the south here which we currently own, there was a lot of time and effort put into the design of that property, even before it came before the planning department here where we did what we could. Everything that we could to be considerate of the neighbors, dropping the building down the hillside. We understand that Fountain Hills is a community built upon views. Everybody in town is really cognizant of views and wanting their homes to have good views and -- and it's an important aspect of owning it and living in Fountain Hills So that was one consideration that we put a lot of emphasis on, was what could do this the property to try and reduce that impact on the neighboring homes to the west, providing, you know, a development that reduces the impact and you know, maintains much of those views as possible for those neighbors. The additional things that we've done in the design of the project, again, we're here to look for solutions to problems the neighbors have come with. A lot dealing with traffic- related issues and issues with the views and things like that. We've put a lot of effort into the design, both initially and after we've heard comments from the neighborhood Outreach and at the last Planning Commission meeting, to addressing those concerns. And we're here to be part of the solution and offer up solutions to those concerns. To be a good neighbor and to be a benefit to the community. TOWN OF FOUNTAIN HILLS Page 19 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 19 of 75 So I just wanted to share that with you. That's all I have for you today. GRAY: Thank you. Commissioners, is there any questions for the applicant before we open the public hearing? Commissioner Schlossberg. SCHLOSSBERG: Last time I asked you about the elevation and line of sight from some of the homes across Mountainside and you had some -- some data, and now, since you've lowered those buildings, I'm -- specifically what I'm looking for is the same data you had, which I don't see in my packet. And then, also, is there, like, an artist's rendering of what this project will like? I saw the picture you had, which I don't think is accurate. But an artist's rendering of what the project is going to look like from all points on Mountainside, like, from street level? MAROWITZ: Chairman Gray, Commissioner Schlossberg, great questions. So first, as far as your question towards the site-line exhibits. So that -- that's shown here. And these have been updated, particularly with respect to Building 3, now that they've been reoriented. So what this exhibit is showing is that from across Mountainside Drive, you can see that line of sight that's highlighted in yellow, over Building 3, what that would look like from the finished floor elevation. And it's sitting exactly 8 feet above the finished floor elevation. Previously at the hearing in January, that building was sitting 11 and a half feet above the finished floor elevation. So it's been a drop of 3 and a half feet. To the -- to -- at the bottom of the screen is another site-line exhibit that was prepared over Building No. 1. In that one, because of, again, the slope of the property, Building No. 1, from the finished floor elevation across Mountainside Drive there, is sitting just 1 foot above the finished floor. So that one you can see directly over the top of the development. As for the question about the renderings, what the project looks like from the street. We do have project renderings that I want to show here. This is probably the best example, although I will tell you, this is -- this is a character rendering what -- what it will look like. It's not actually showing you if you were standing right there on Mountainside, what it would look like. It's more of a bird-eye perspective. But this gives you a sense of the architecture and what the development would look like. But the site-lines exhibits do a better job of showing seeing over the building. TOWN OF FOUNTAIN HILLS Page 20 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 20 of 75 SCHLOSSBERG: Okay. And that's the pool area in between the Buildings 1 and 2 is what I'm looking at here? MAROWITZ: Chairman Gray, Commissioner Schlossberg, yes. That's correct. SCHLOSSBERG: Okay. All right, thank you. GRAY: Commissioner Watts. WATTS: I think last time I asked the question about the survey. There's no red dots that would say I'm vehemently opposed. Where are they? [APPLAUSE] MAROWITZ: Chairman Gray, Commissioner Watts, yes. So the intent of that neighbor outreach slide was to show the support that we've received for this project. We, of course, completely acknowledge that you will hear from individuals today that are concerned about a development on that property. But what we wanted to show is how much outreach that we did and that there are individuals here today that -- or individuals that are supportive of the project and in fact, some of 58 that have signed support letters that we've added to the case file. But to your point, Commissioner Watts, you're correct, we didn't survey exactly all those who are in opposed to the project. WATTS: But of those, if you did 300 surveys, and I'm just picking a number, and you've represented, say 150, how many were negative? MAROWITZ: The -- Chairman Gray, Commissioner Watts, I don't have the exact number for you of negatives, but I can tell you that I do believe when you add the neutral and verbal support and those who have actually written a support letter, that there is more support here. But the important point is, a lot of the concerns that you've heard from those in opposed are about any development on the property, or a multifamily development on this property. But this property can already be developed with a multifamily development that for -- that is far worse for a lot of the concerns or reasons that individuals are opposed to the project. WATTS: So looking at the rendering, though, I think you would have been more -- you would have been benefited if you had moved the -- the photo more to the right to see Four Peaks, which you don't show right here. So it is obstructing. What I'd like to know is along the lines of what Commissioner Schlossberg said, is if I shot a laser out of my TOWN OF FOUNTAIN HILLS Page 21 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 21 of 75 family room on one of the houses on my side of the hill, and I had a laser line on the top of the building, how much distance between the two? Or does the laser coming out of the window of the residence on -- on the highest point on Mountainside impact the building? MAROWITZ: Chairman Gray, Commissioner Watts, so great question. The site-line exhibits that we provided were -- are measured from the finished floors of those neighboring homes. So, of course, a window is going to sit up a little bit higher. And so we haven't done exact site-line exhibit measuring from the window, but I can tell you Building 1 sitting just 1 foot above the finished floor elevation means that that laser would go right over the top. Building 3, that's the other one on the north parcel, sitting 8 feet above the finished floor elevation, that one -- that one, if a window is looking at it, there would be some obstruction to the views. But again, the important part is, the choice that's in front of the commission is not this development or no development. The development for the property is already approved. It's -- instead, the question is, this zoning change with these proposed stipulations that result in this development versus what would happen if this zoning were remained in place. And if the zoning remained in place, a by-right development, we had shown the site plan of what it developed in the south parcel would look like. Those buildings are pushed -- after you push much closer Mountainside Drive and are going too far -- far taller. So if you're doing a site-line exhibit, you're getting far more of an obstruction to a view that you could build today without any control from the Commission or the City Council. And so it's certainly a great point and one that we've taken very seriously. And we've done the very best that we can to lower the buildings as much as we can. But of course, we can't make the building invisible, but we think we've done a very good job of doing the best we can to respect the views of these properties. WATTS: So with respect to the parking along Mountainside, as long as you keep that rolled curb up to the sidewalk, the people will park there. And I frankly don't care what you put there as far as signage or whatnot. What I -- my recommendation would be, if we move forward, is that we incorporate the removal of the rolled curb and put a square curb in there that's painted red and then, that's more of a restriction to be able to park along that street. It's -- it's much more clear. TOWN OF FOUNTAIN HILLS Page 22 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 22 of 75 The other thing I'm really concerned about is the traffic for the ingress and egress. And the traffic, when you make a left-hand turn in particular, is impacted. And we just got done going through a line of sight on traffic and what we're able to see, what an impediment to vision -- to line of sight is. And that corner is a disaster. So couldn't we get your commitment to work with Town Council -- or gosh, not Town Council, town staff, to work and participate in correcting that so that it is compliant with the other line of sight issues that we just got done rectifying. As well as get your support on the curbing removal and replacement with a square curb that would be restrictive for parking? MAROWITZ: Chairman Gray, Commissioner Watts, to answer your question, so first, the no parking. And I know we had the opportunity to discuss this. The two stipulations that we proposed were to install parking signed and stripping. And then also to impose and enforce restrictions on future residents. We certainly did look into, and I think it's a good suggestion. I acknowledge the concern. When you have a rolled curb it allows for a vehicle to move up on the sideway -- sidewalk and park there. We are certainly willing to install -- to convert it to a vertical curb. The reason why we didn't propose that is that a vertical curb, of course, doesn't prevent parking. It just acts as a deterrent because now you don't park on the rolled curb. We viewed and speak with our traffic engineer as a stipulations to no parking and striping as actually restricting it. That said, we are happy to install the vertical curb if that is the decision of the Planning Commission, would like us to do that, and you have that commitment on the record that we would work with the town's traffic engineer on making that conversion. As to the intersection improvements, I know we also had the opportunity to discuss this one as well. There are two things. We spent a lot of time looking at this intersection. And of course, this intersection is an issue, but as part of our community outreach, we heard from a lot of neighbors that it's an issue that exists now. Currently, there's not a lot visibility at that intersection when you're making a left. And so a lot of people don't make the left. They refuse to do it. There are two potential things that we could do that we've discussed with town staff. The very first is, you could restrict that intersection to right-in, right-out only. And the way TOWN OF FOUNTAIN HILLS Page 23 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 23 of 75 that you do that is, you would provide a porkchop at the intersection. And you'd have to extend the median along -- within Palisades, so that way, someone couldn't make a left into it and you couldn't make the left out. We are happy to make that improvement. That said, when you offer a solution like that, there are some residents that would be happy to see it. And then there will be others who live in the area that would be very upset to no longer be able to make that left. And so we are happy, if that's the decision from the Planning Commission that they would like to see the developer restrict that access to right in, right out only and extend the median, then we'd be very happy to see that stipulation. But of course, we didn't want to make that unilateral decision ourselves. As -- the other thing that you could do is that, rather than restrict to right in, right out, is that the property to, let's see if I have a better aerial here that can show it. The property that's directly north of that north parcel that's zoned R1-10 is just open space. And that is owned by -- the Town of Fountain Hills owns most of that property. And for everyone's that driving at the north section knows is that your line of sight is really cut off at that intersection because there's some berms and then there's the signage there. One thing that we are certainly willing to do, and you have our commitment on the record, is to work with the town on receiving permission so that we can make improvements and essentially shave that down, so that way we improve the line of sight there. Again, we can't make that decision ourselves because that's not our property, it's the town's property. But as Ron had noted, our intent here is to be good neighbors and to look for ways that we can benefit the community. So that is another one that we are happy to commit to work with the town on the improvements to that intersection so that way we can improve the line of sight. WATTS: Thank you. GRAY: Commissioner Corey. COREY: Yeah. Just one comment. Hi, Mike. Thank you. As you can tell, rezoning to, you know, from residential to anything else is a very touchy subject here. And I now that you did some work in R-4 previously. But it seems like we're kind of balancing whether 70 go in R-4 or if it's spread out amongst the two. So are there some other options? Did you guys explore any alternatives where you're not packing 70 into R-4? TOWN OF FOUNTAIN HILLS Page 24 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 24 of 75 MAROWITZ: Chairman Gray, Commissioner Corey, so the thing that we explored was developing the property to the south that's R-4, because it's already zoned. And so that property if we were not -- if this rezoning case were not to move forward, the intent would be to develop that property with 70 multifamily units because that's what allowed there. And that would entail three buildings on that R-4 property with them being pushed up closer Mountainside Drive, again, much more obstructive views, significantly less open space. We did not explore developing that property to the north. This is our exploration of that development proposal. And it's really, the exploration is rather than 70 units on that south parcel, spreading them out and then just adding an additional 10 units. It is not the intent of this developer to build a single family home product on the R1-10. It would be just developing that property to the south with the 70 units. But as far as exploring, I completely agree to your point that really the decision in front of the Commission is the by-right developments that could be on that south parcel, north parcel, or this rezoning proposal. And I think the appropriate considerations to balance are, 70 units -- the by-right scenario is 70 units on the property to the south. And that results in kind of -- and allow those design issues that we discussed. And the property to the north, that's a single family zoning district, which results in single family homes there. And I know there's been a lot of discussion about the amount of homes that could go there. You are legally allowed to build 13. And you'd have to do an analysis of exactly how many that you could fit there. And you would need to make some improvements to the drainage area to get 13. Without doing any improvements, you could probably get six or seven. But the important point is, single family homes can be up to 30 feet in height. And so any single family development on that north parcel is going to require those homes be located much closer to Mountainside Drive. And so then you have all of the concerns that you hear about obstructing views become far worse with that single family development. So really when you're then comparing it to our development proposal, you're really just looking at 10 units in addition from what's to the south. And then, the way that we now, because we're going through the process, how we've designed and a way to listen to the TOWN OF FOUNTAIN HILLS Page 25 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 25 of 75 concerns and do our very best to address those concerns and then also offer solutions to problems, whether it's no parking on Mountainside Drive, restricting that southern driveway, intersection improvements. And so I think those are the appropriate considerations. COREY: Okay. Thank you. WATTS: One more GRAY: One more. WATTS: Well, maybe. And this actually is for Farhad. So do we know for a fact, considering the building envelope, that they can get 70 units into that south piece of property? Considering setbacks, building heights, all of the regulations that they have to comply with, can they actually get 70 units on it? TAVASSOLI: Mr. Chairman, Commissioner Watts, we haven't done the calculation to determine if that -- WATTS: What's your best guess? TAVASSOLI: It would be quite dense if they were to and -- WATTS: That's tough. And it goes back to my question a while ago about the building envelope, you know, what can they put there which -- restricted on height, but the building envelope itself is a restriction as well. And if it's a percentage of whatever that square footage is, and we've got hill side, cut and fill issues as well, it could become inherently problematic for the developer to try to get the 70 units on. So I'm concerned. I'd like to have some information on that. GRAY: All right, Mr. Marowitz. MAROWITZ: Can I address that -- GRAY: Sure. Then I've got a couple quick questions for you after that. MAROWITZ: So the site plan that we put together, and I'm going to put it here for the property to the south, does meet the minimum development standards under the Town of Fountain Hills zoning ordinance. So this -- this is that development to the south with three buildings that has 70 units. And some of the consequences that you get when you have now three buildings rather than four buildings, three having 70 units, is that we currently have a mix of one bedrooms, two bedrooms, and three bedrooms. So we have some larger units with our development proposal to the north. TOWN OF FOUNTAIN HILLS Page 26 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 26 of 75 A development to the south with three buildings with 70 units, that unit mix needs to come down. And the one bedrooms are going to need to be a much higher percentage. You'd eliminate the three bedrooms. So you'd have one and two bedrooms, which is how you'd fit the 70. But this site plan meets the minimum development standards under the Town of Fountain Hills and could be developed there. And this is the 30 feet in height, maximum, within the minimum building setbacks, and within the density allowances that are allowed there. GRAY: Mr. Marowitz, couple questions for you. And sorry if I glazed over this, but I was looking for some -- some context to ownership and metering strategy. How are these individual units going to be addressed? MAROWITZ: Chairman Gray, the -- this is a for-rent product. The demand that -- for this area right now is rentals, not ownership. And I know we heard, you know, some concerns, a lot of times we like to see ownership/rental units because that gives a little bit more skin in the game for future residents. But what I will say to that point is that this is a luxury product. It will be marketed as a luxury product. And it'll have finishes that are consistent with a luxury community. And so while you don't have pride of ownership, what you do have is pride of residents living in a luxury community that continues to be a luxury place to live. And so you have that pride in order to make sure that it is maintained that way. The developer is -- certainly, if the market changes, then it is very easy to do something like condominiumize the development and then that way could be sold for ownership later. But certainly, the initial intent now is for it to be a rental product. GRAY: Okay. So building that will be metering then? MAROWITZ: The building level meter-- and so it's, I believe in fact, I might -- Ron could address this, I believe it's all -- it's not individually metered for the units -- GRAY: That's what I'm looking for. MAROWITZ: Yeah. GRAY: And then -- MAROWITZ: And Chairman Gray, I just overheard Ron, so electric will be individually metered, things like water would not. GRAY: Okay. And then on the traffic impact study, is that at an opinion level or is there TOWN OF FOUNTAIN HILLS Page 27 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 27 of 75 a full-blown study at this time? MAROWITZ: Chairman Gray, that is a traffic analysis that is not a full-blown study but it is probably a little bit more detailed than what you'd customarily see as far as just a minimum statement. And it addresses things like speed counts on Mountainside Drive, traffic amounts address, so they're actual counts done on those streets. GRAY: Okay. And then, I'm sure we'll get into this a little bit later, too, but the discussion -- traffic for me, too, is preferably the number one concern by far here. The -- I think I want to put a big x through the porkchop idea. I think that just is going to send kids through the neighborhood to get to school rather than out to the main thoroughfare. But I am curious on discussions that have or haven't happened at this point with staff on, you know, potentially introducing a right/left turn lane on the center there on Mountainside, you know, from Palisades up to, what is that, Ponderosa -- UNIDENTIFIED SPEAKER: Ponderosa. GRAY: -- Ponderosa, potentially, so that you can at least get out of the development or get into the center median so that you can turn into the development and still allow traffic to bypass. And then, I realize it's a 30-foot wide street, so there's probably some discussion there with the city property to the northwest. And then, also kind of complimentary to that, if there's been any conversation with the town engineer on an island -- introduction of an island in this, not necessarily development-driven, but you know, complimentary if we're going to -- if we're going to develop this corner. A turn-out island onto Palisades, you can still make that left onto Palisades, sit there safely, and then merge on to Palisades. Any of that come up in conversation at this point? MAROWITZ: To -- Chairman Gray, to address your questions, first, with respect to the turn lane on Mountainside Drive, we did have our traffic engineer look into this, because we thought a left-turn lane might make sense, if you could provide it. The problem they have is Mountainside Drive has an existing width now of 32 feet, which is not enough. And it's already got one lane in each direction. There's not enough width there currently to add another -- another lane for a turn lane or a dedicated left-turn lane. And the other problem that you have is, is well, the reason also, so in addition there's not enough width to do it. We did have our traffic engineer look at, is it really needed? How TOWN OF FOUNTAIN HILLS Page 28 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 28 of 75 much -- would there actually be stacking on Mountainside Drive when you're making the left in or when you're exiting if you have wait at the intersection. And I found that the -- given what's the existing volume of traffic on Mountainside Drive, and the anticipated traffic could be generated by this project, you'd only have a maximum of one or two cars making that left at any given time. And so there really isn't a need or a warrant for having that additional left turn lane there. But there's also just not the width on Mountainside Drive to do it. GRAY: So it would take some coordination and participation from the town to facilitate widening to get there. I think, obviously, you're not at a full-blown study at this point, but even a study aside, we've all sat there and observed that intersection and it's not good. And so I think introduction, or at least, you know, further consideration over and above what the numbers might show, is probably warranted in that location. So we'll probably get into that a little bit later here. And then one last one, I'd just like you to consider, if we get all the way to -- all the way to a motion tonight, in your stipulations, 1(a), a maximum of four residential buildings are permitted on the site consisting of 6.28 acres. I would just want to close a loophole there and add a max number of units per building as well so that you couldn't inadvertently, ten years from now, end up with one large building holding all 70 units, so. MAROWITZ: Chairman Gray, great suggestion. We are happy to add that stipulation language to subsection (a). In fact, we have the site plan where we could do that now. And in fact, the way that could read is, no more than 24 units per building. Or you could say, because there are some, there's one of our buildings that has 24, the rest are averaging about 18. So if it said, no more than 24 per building, that would certainly keep us under that 80. GRAY: Okay. Thank you. And then for Farhad, just ahead of public hearing. Farhad, could you just enlighten us, how are stips in this manner, how are they handled, made available, thought about in the future? You know, typically when we have stips, we put them in a PAD (phonetic) type scenario and here we're tying it directly to a rezone. Could you just educate us on that a little bit? TAVASSOLI: Yeah, Mr. Chairman and members of the Commission. So the stips that you have before you were included with the thought that they may in fact be edited as TOWN OF FOUNTAIN HILLS Page 29 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 29 of 75 we're speaking about it up here to -- tailored in such a way to directly address some of the concerns that are mentioned. And then they will be, assuming that it will be approved with those conditions, they will be incorporated into the ordinance language that's going to be presented before the Town Council. Because after all, a rezone does require a written ordinance. And then, it will be tagged to the property for any, like, future site plan reviews or replants through our permit data base. GRAY: Okay. And then just one other question. Is town engineer, is he here this evening by chance? TAVASSOLI: The town engineer is present and -- GRAY: Okay. TAVASSOLI: -- available as well. GRAY: I -- just wondering, any commissioners want to hear from the town engineer at all before we go to public hearing? ALL: Yes. GRAY: Could we bring him up, please? TAVASSOLI: David. GRAY: Thanks for joining us. JANOVER: Oh, you're welcome. Good evening Chairman, members of the Commission. I have the -- reviewed the traffic impact statement. And I am agreement with the procedures that they used. And it was done properly. The thing that I've been talking with other staff about is that retaining wall on the opposite corner of Palisades and Mountainside. I would -- that's something that I would like to discuss with the developer and with the engineer about addressing that to increase the level of the line of sight to be able to perhaps increase that line of sight to make that left-turn on to Palisades. GRAY: And just your thoughts, albeit based on some pretty preliminary information at this point, but thoughts on closing the southwest drive and forcing all that traffic to the northwest and any potential platooning or backing up to, not -- it's not so much I don't think that we're concerned about platooning on Mountainside, it's that we're concerned about a couple cars backed up on Mountainside and somebody comes off of Palisades at, TOWN OF FOUNTAIN HILLS Page 30 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 30 of 75 you know 30 mile an hour, is maybe not going to have the opportunity to stop without having, you know, some sort of ability to slip off and wait for the turn in. JANOVER: Yes. Chairman, members of the Commission, if -- I believe that the distance from Palisades to the location of the driveway is far enough where we wouldn't see that issue. And I -- they did actually review, or they changed their TI -- traffic impact statement, revised it to show the impact of closing that southern driveway. And so by doing that, they did look at the level of service of the driveway, and it's still at a level of service A, in both directions going in to and out of the driveway. So I think that -- I don't have a lot of heartburn with closing that southern -- that southern entrance, especially given the topography with headlights shining into the folks directly opposite those single family residences. GRAY: Okay. And then just one last one for me and I'll turn it over to the other commissioners. One of the stipulations proposed in here is to work with town staff on introduction of some traffic calming along Mountainside. Your thoughts there, or your level of engagement in that to date? JANOVER: Yes, Mr. Chairman, members of the Commission, I haven't been engaged with that. That's something that we would -- we have our own neighborhood traffic management process for -- to look into putting in speed humps or speed cushions to see if they're first warranted. We have to realize that when you put those in on any street, it's because there is speeding and you want to try to calm that traffic. But one of the things that we need to do is, anyone that is going to be affected by that, which is all of the -- pretty much all of the surrounding residents, would have to be onboard with that. We'd have to do a survey of all of them. And there would have to be a petition that would be signed by them. And if it's even warranted, you know, we need to do our own speed analysis there to see if it's warranted. So that's not something that we willy-nilly try to put down, okay, let's put some traffic cone, let's do some -- that's the worse things, because, like, people do hear that, you know, they will hear cars breaking and going over that and it -- and it's over and over and over again. So that's something we take very, very seriously. And it's not something that we just willy-nilly would do. TOWN OF FOUNTAIN HILLS Page 31 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 31 of 75 I'm more looking at how we could address that wall for line of sight to see if that could be made any better. And if not, then certainly something else with that intersection to address those left-turn on -- GRAY: Okay. And this is just a matter of opinion but you're thoughts on speed tables at intersections versus speed humps throughout the thoroughfare? JANOVER: Yeah. Speed tables are interesting. They will -- they will certainly slow down folks that are approaching the intersection from all directions. So that's something that you want to -- not something that you really want to do on an arterial road like Palisades Boulevard. So that's something that we would -- probably wouldn't -- wouldn't entertain. GRAY: But on Mountainside, at the two intersection there. To calm that traffic -- JANOVER: Oh, you mean at -- that is a possibility, again, if it falls under our neighborhood traffic management process -- GRAY: Okay. So that would go through the same survey and -- JANOVER: Yes. GRAY: Okay. Very good. Commissioners -- Commissioner Watts. WATTS: Have you by chance had the pleasure, the opportunity to park on Mountainside? JANOVER: I have not. WATTS: You should take a -- you should go. [LAUGHTER] WATTS: So my question becomes, your thoughts on how do we prevent parking? You know, being 32-feet wide, number one. And I did exactly what I'm talking about, pull up on the sidewalk, rolled right up over the top of the rolled curb. Watched people blow through the stop sign. So we have two major issues. One is traffic calming. And the other one is parking. Because with that 32-foot width of the street, 16 feet each way, doesn't suggest parking is a good idea. Removing the rolled curb and putting in vertical curbing on both sides of the road, because you can't just do it on one, right? So what are your thoughts? JANOVER: Yeah. Mr. Chairman, and Commissioner, I agree with that. I think by removing the rolled curb and putting in vertical curb would be more of a detriment to TOWN OF FOUNTAIN HILLS Page 32 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 32 of 75 parking on -- on Mountainside Drive. We wouldn't want to paint the curb red though. That's not something that we would -- we would want to do. But certainly changing to full-height vertical curb is a possibility. There may be some other traffic calming things in the toolbox to stop folks from parking along Mountainside. We could certainly look into some of those other possibilities, like, chicanes or things of that nature. We can look into things like that. WATTS: So if you -- if we move forward and the applicant agrees to some of those -- these stipulations to work with you, do you think you can come up with a reasonable solution that accommodates -- it's not a hundred percent full proof, but you think you can come up with some solutions that would restrict parking and calm traffic? JANOVER: Yes, Mr. Chairman and Commissioners. Yes. I'm -- I truly believe that we can come up with something between all of us that staff and the -- the developers engineer and myself, to come up with something that would improve the situation and deter parking along Mountainside. WATTS: Thank you. GRAY: Commissioner Dapaah. DAPAAH: Yeah. I want -- I wanted to ask Farhad one more question. Just want to get a clear understanding on this. So these stipulations, okay, are they, do they still apply if this motion does not move forward and he goes back to developing just the R-4? Let's say 2(a) and (b) -- is it 2(a) and (b), yeah. More on the mechanical systems. Could he just go ahead and decide to throw up 70 conventions on the roof if this motion does not apply to rezone? TAVASSOLI: Mr. Chairman, Commissioner Dapaah, if I understand your question correctly, the conditions here before you assumes approval of a rezone. Now, if the recommendation is to deny by the Planning and Zoning Commission, it will still go forward to the Town Council. And we -- we'll still reintroduce these stipulations as part of the ordinance. MAROWITZ: Chairman Gray, Commissioner Dapaah, just to address that. To be very clear, these stipulations would be stipulations of approval of the rezoning. So they absolutely would not apply if the rezoning were not approved. They're to be approved alongside the rezoning. TOWN OF FOUNTAIN HILLS Page 33 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 33 of 75 DAPAAH: That's what I wanted -- all right, thank you. GRAY: Commissioners, any other questions for the town engineer? All right. Let's go ahead and open the public comment portion of our hearing here this evening. Paula, speaker cards? WOODWARD: There are 13 speaker cards -- oh, and one more. UNIDENTIFIED SPEAKER: Sorry. WOODWARD: That's okay, Lori (phonetic). All right. So -- [LAUGHTER] WOODWARD: Hi, well, hello! Okay. Anybody else? Okay. I'll read them in order in three's. First, speaker is John Kavanagh, then Cheryl Norton, and Jeanie Mayeux. GRAY: So couple -- just a couple rules of the -- interim rules of the road tonight. If you don't mind, just to keep this moving along. Of course, you have three minutes up here on the speaker -- Mr. Kavanagh, I'm sure you know that. Three minutes on the -- on the timer here. You'll get a beep at 30 seconds remaining and then a continuous beep at zero. If you would, please, refrain from the applause between speakers here tonight so we can keep things moving along. And if, you know, if what you have to say has been said already, feel free to announce that. No need for, you know, for everyone to repeat the same thing if it's already been said. So Senator Kavanagh. SENATOR KAVANAGH: Thank you. State Senator John Kavanagh. I live a couple of blocks from the project. I am a red dot. I oppose the project. I opposed it at the last P and Z meeting. I oppose it even more now. I think the Commission rightfully saw that the public was concerned about the traffic situation. And also about the aesthetics. That's why they asked the applicant to come back and try to get the entrance and exit on to Palisades and to move the buildings back. The bottom result is, there's no entrance on Palisades proposed and they didn't really move the buildings back. Two of the buildings they pivoted. There's a big difference between moving something back and pivoting. So the results there were not especially concerning to me. And now, of course, we add that we're going to get speed bumps, which is everybody's favorite traffic device. So now, on a hill, cause, when they approach the speed bump, will abruptly slow down, go over the speed bump, and then accelerate, which will, of TOWN OF FOUNTAIN HILLS Page 34 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 34 of 75 course, cause uneven traffic speed, which is dangerous, which will cause engine noise for the people whose houses are there, and will cause additional exhaust as they rev up. Don't do us any favors, keep your speed bumps. Look, traffic safety is still a problem. Amazingly, the town has an environmental plan that when my wife was made -- she voted on, that we should make our towns street and bicycle friendly. And this is going to be a disaster for that road and elsewhere. It doesn't help at all. Now, look, there are two questions before you. The first question is, are we going to override local zoning? And the second question is, if so then let's talk about traffic studies and buildings and everything else. Those are the two big questions. Look, today I had the privilege of being the lead speaker against SB.1117 which stripped city governments of most zoning authority over residential properties and would have made boards like yours literally extinct because you'd have virtually no say. I did that because I respect zoning. When I bought my property and built my house, and I think everybody else here the same thing is true, right, we said what's around us? And we didn't want apartments on that lot. We didn't want to see them. I believe that you have to had a really good reason to change zoning in that way. So for me, I would say this, if you don't think helping a developer get some more units in, if you don't think that's -- that is a good reason, then the answer to the first question is no, and everything else is a waste of time. You just don't do it because it's wrong, because you're basically violating the trust that all these people put when they took the biggest investment of their house and bought their house and pay their mortgage. That's the violation. If you think there's a good reason to do that, then you move on to all the other questions that have consumed much of this evening. I don't think it's a good reason. I think you have to have a much better reason. And I don't think they can get 70 units on that lot. I've heard one of our prior planning people on the town knew that lot said he didn't -- you can't get 40 there in his opinion -- maybe you get 40 there in your opinion -- woops. And so the bottom line is, you're not going to get 70 crammed in. They couldn't move those two buildings on the south lot, they couldn't move them an inch because of restrictions. They're going to put a third building there? I heard from a current staff TOWN OF FOUNTAIN HILLS Page 35 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 35 of 75 member that there's major drainage problems there. So this is not about having 70 packed in there, right? This is about having maybe 40 on that lot if you don't -- if you keep this one the way it is. So one family we wanted, maybe 40 there. That's what the -- and I think that's what the people moved to accept because that's what the zoning was when we moved here. All right, thank you. GRAY: Thank you, Senator. [APPLAUSE] WOODWARD: Cheryl Norton. GRAY: Paula, let's go ahead and call an on deck. WOODWARD: Okay. So after Cheryl Norton we have Jeanie Mayeux , Joe DeLucia (phonetic), Doreen DeLucia or Delucia (phonetic), and Liz Gildersleeve. GRAY: Thank you, Paula. NORTON: Good evening Chairman and Commissioners. My name is Cheryl Norton -- GRAY: Cheryle, pull that -- pull that mic down a little closer to you, Cheryl. Thanks. NORTON: Is that better? Okay. My husband and I live at 16073 East Ponderosa. So we are right at ground zero. We're right across the street from the south parcel. And the renderings that you see tonight still block our view of the mountains. You don't see from their pictures very much of the mountains like we bought our house for and what we see today. We, as well as residents in our subdivision were grossly misled by this developer. This developer's consultant, Mike Miller (phonetic), visited the residents in our subdivision and gave the impression when they showed us the plan, they -- as proposed, that they owned the north parcel at Palisades and Mountainside, when in fact, it is still owned by Trinity Lutheran Church. The developers consultant, Mike Miller, showed us a plan as proposed, advised that the rezoning to our three on both parcels was not done. They would build at least three apartment buildings close together consisting of studios and very small one bedroom units on the south parcel. Was this meant to be an ultimatum? The original real estate listing states that only 30 units would be approved for development on the south parcel. TOWN OF FOUNTAIN HILLS Page 36 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 36 of 75 In addition, the site plan of only building on the south parcel would also eliminate our view and the neighbors view. There would also be more traffic, no matter what, on Ponderosa -- on Mountainside and the surrounding streets. The water supply would be impacted, as well as water drainage by adding even more concrete and asphalt. Lights would be shining in the single family homes to the west. And also, how can we be sure that the view would be preserved on the proposed plan? If the builder hits rock, it can't be drilled as far down as they say they will. We, as well as the majority of home owners in lost hills oppose any building on these lots as proposed by the developer. Thank you for your time. GRAY: Thank you Cheryl. [APPLAUSE] GRAY: Folks, lets hold the applause, please. MAYEUX: Hi, my name is Jeanie Mayu. There's a reason why this lot has not been built on. It's impossible. The traffic is impossible. The drainage is impossible. The attorney that has presented his case today has said a few deceptive things. I have to be honest, I've been on his side. My husband, who has since passed, was a multi-family architect. And normally, they would introduce the architect, not the attorney. He has said that we have beautiful designs. We're presenting beautiful designs. It was black and white picture of some random apartment. It was not a rendering. And this is what we need in this -- today. They had two months to do that. He said, well, we're going to reduce the traffic. I live on Tumbleweed. All of that traffic is going to down my street. Another deceptive thing he said was, ah, yes, you can build these for rent apartments and then turn them into condos and tell them. No, that's not how that works. Builders don't build apartments to sell. You have -- they're different walls, they're different utilities, they're different -- everything is different. It's a lie, I'm sorry. And by the way, I'm a red dot, and there's a lot of red dots in that neighborhood, and it was deceptive for him to present that everyone's a blue and a green dot. So they're going to be shortcutting through my neighborhood. That's the main things for me. And people drive really fast down Mountainside in the first place. It's going to be a disaster. They said, oh, this is another deceptive thing he said. Well, we promise that the landlord will TOWN OF FOUNTAIN HILLS Page 37 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 37 of 75 enforce the no parking signs and just tell the renters to move. That's not going to happen. When has that ever happened in an apartment building? Why would the landlord be motivated to do that? So let's see, restricting -- the fire department probably would not approve the density for R-4 for 70 -- what was it, 70? 70 units? It's just too dense in this town. And it's too much of a fire danger. Now, I could be wrong about that. I don't know how -- how this -- how it works here in Fountain Hills. But I know in Los Angels it would not have been approved. I think that's it. Oh, yeah, I have a question. If this gets approved, why can't we just put egress onto Fountain Hills or Palisades? You know where the church is. You could, maybe, put the traffic going through there. I -- it's just -- I have a feeling you guys are going to approve this, so that's why -- my last thing I wanted to say. Thanks. GRAY: Thank you, Jean [APPLAUSE] WOODWARD: Joe DeLucia. DELUCIA: Mr. Chairman and Counsel, obviously, you know I live across the street from the project of the one that probably affects a lot with our other neighbors that live next to us. But just remember, there was 144 red dots last time, okay? These guys have brought you the green. They haven't brought you the red, okay? And I am strongly opposed to this project. And as far as their traffic study that they're saying they did, I live on there and the traffic study was done between Lost Hills and Sunflower, on the other end towards El Lago. Why wouldn't they do the traffic study between Ponderosa and Tumbleweed where most of the traffic is exiting, going out to Palisades? I don't understand that. And also, the traffic study that was done on Palisades when they had their little rope out there, that thing got run over, torn out, and it was not probably registering. Maybe it did for one day, I'm not too sure. So I don't understand how they're getting accurate studies. I was -- called Farhad and let him know about this. He told me to call the attorney myself. I don't understand why my, as a citizen, had to even call the attorney to let him know. I thought it would be their job to do that. I was their -- my city representative know. Okay? TOWN OF FOUNTAIN HILLS Page 38 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 38 of 75 The other thing is, is I've -- that 60 percent that they're saying that's opened, that there is including all your washes and everything. That's not including just without the drainage. That's probably including the drainage. And that 3.6 acre parcel, for I understand, there's only 1 acre of developable land on that. So I don't know how they plan on getting 13 houses on there, if you even possibly could. Someone said 6, but if it's 1 acre, that's 40,000 feet, 10,000 per house. That's about four houses. They have to put roads in there and stuff. So it would be a lot less traffic there and just like Cheryl said, from what I understand to -- when that lot was being sold, there was only supposed to be 30 units, I heard. How could someone come in there and put 70 units? I think it's a pipe dream. And I think that these guys are deceiving us and we need to work for the people of the town, not for the developer, not for the attorney, not for the other builder. You guys work with us. For us. And I'm strongly opposed to the project. [APPLAUSE] GRAY: Thank you, Joe. DELUCIA: I'm Doreen DeLucia, his wife. You know, what they presented here today is not much of a change from what you guys asked for. And it is laughable that he says, the attorney says that this is going to reduce the traffic. We know the traffic is a problem. But it's not going to reduce the traffic. The other issue that I have is that they're presenting this as one lot. Part of it is R-4, the one that they purchased. The other part is R-10. R-10 is single family home. That's what we bought into. But that R-10 piece of property belongs to the church. That church property is one whole piece of property. It is not broken off yet. It is not a done deal. It's still deeded in the church's name. They still own it. It's 3.1 acres of their 5.63 acres that the church sits on that the address is Fountain Hills Boulevard. The rest of that property is not an address. It doesn't belong to them. They present it with their address, their piece of property that is -- that they purchased with two parcel numbers. They're not being honest, a hundred percent here. I understand it may be contingent to the zoning change. But the zoning can't be change by somebody who doesn't own it. That's not right. They're trying to grasp, to get as much as they can, so they can spread this out so that they can build bigger. This is not TOWN OF FOUNTAIN HILLS Page 39 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 39 of 75 good for our neighborhood. We are a single family home neighborhood. We are not Scottsdale. This is Fountain Hills. Scottsdale has flatland, places to build, tons of apartment buildings. This neighborhood was not meant for that. We need to keep it the zoning of R-3 -- R-10, the way we bought our neighborhood, bought our houses, and what we live here for. We moved up here, we made a choice because this is what we have here. Beautiful views. Our neighborhood, our small town, town. People who are personal with one another. We go out. We run into people that we meet. It's not meant to be congested and stack people in like a bunch of sardines. That's what I have to say. [APPLAUSE] GILDERSLEEVE: Good evening, Liz Gildersleeve. Like the C-0 Saguaro property mentioned in the Call to Public, the Mountainside rezoning issue tonight also pertains to a land ordinance. Pure and simple. And just a reminder that everyone in the Lost Hills neighborhood purchased their homes with the expectation that the property at the corner of Palisades and Mountainside was zoned single family. And that is still our expectation. We've only been in our home nine years, but most of my neighbors have lived in their homes for decades. Changing the zoning now to placate a developer and to the detriment of the neighborhood would be unconscionable. Not to mention that this zoning change would also increase the density and street issues for an area that already grapples with a busy, narrow, mountain side, which as it exists now, would be completely inadequate for more density. Again, I ask that you deny the developer's rezoning request. Keep the zoning as single family the way the town planned this neighborhood decades ago. And I would also just like to let the developer know when they put up their green dots, blue dots sign, the dot over my home was wrong. So I don't know who did your data collection, but don't use them again. Thank you. [APPLAUSE] WOODWARD: The next three speakers in order are Sharon Hutcheson, Faryl Palles, and Rick Sugg. HUTCHESON: Thank you. I'm Sharon Hutcheson, Tumbleweed Drive. Chairman and Commissioners, I'm here to, number one, since I wasn't called early, I'm here to agree TOWN OF FOUNTAIN HILLS Page 40 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 40 of 75 with pretty much everything everyone said so far. But I'll -- I'm also speaking in opposition to the proposed zoning change, particularly on the R-1. And I am doing that for several reasons. Number one -- and I have to correct something someone said earlier. I don't think those of us in opposition to this, and there are about 200 of us that we counted, we are not opposed to any development. We are opposed to additional multifamily development. We are not opposed to single family development. We all bought our houses assured by the town that they had designated that parcel R1-10 and un -- we didn't buy houses near the airport and then complain about noise from the airplanes. We bought houses in a single family neighborhood and we were assured by the town that that parcel, that R1-10 parcel would be single family homes. So I'm going to take a little bit different take here. I'm going to say when I was going through all this stuff, I remembered that we don't just live in a democracy, we live in a democratic republic. And as such, our appointed and elected officials have the ability to share their opinions. And they're also there to respect and represent ours, your constituents. We have over 200 people who are opposed to this. And I ask that you respect the wishes of your constituents and -- over the wishes of a developers. What -- I have one last things to say. And this is -- has been on my mind for a while and I don't really know the answer to it. But when we're talking about the lots, in particular the R1-10 lot that the church owns, that's one lot. But it is part of the Tocapilla (phonetic) subdivision. So in order to be able to sell that, you have to split that lot. You can't sell a lot that's part of another lot. And that R1-10 is all one parcel. So you can't split that, or you can't sell that without doing a lot split. I couldn't see that there was a lot split. But then I was informed by a former planner that that lot, as well as the R-4 lot is part of a subdivision that Tocapilla, whatever it is, subdivision. Yes, thank you. And as such, you can't subdivide a lot that's in a subdivision. So I don't' know exactly how they propose to do that or how you propose to sell that. But I do know one of the ordinances that within a subdivision, you can't subdivide another lot. So please listen to our wishes. We hope the developer has a good time. I'm sure he can build whatever he TOWN OF FOUNTAIN HILLS Page 41 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 41 of 75 wants to build. The land is very challenging. I don't think you'll get that number of units. But that's up to him. Thank you very much. [APPLAUSE] GRAY: Senator, the Vice Chair just said they do marriages for fifty bucks across the hall. [LAUGHTER] PALLES: Hi, I'm Faryl Palles, I'm a 20-year resident. This is very related to what I'm about to tell you, but I am at the intersection of Lost Hills and Ponderosa. Now, when the renters of these proposed apartments realize that there's no visibility at the intersection of Mountainside and Palisades, they'll take other streets to get to Palisades. I mean, we're so focused on this Mountainside/Pal -- no, they will find other ways to get to Palisades. They'll take -- they can zip up Ponderosa. Mountainside, Ponderosa, zip up Ponderosa, then take a right onto Lost Hills, just zip down that little hill there, you're at Palisades. Or they'll take Lost Hills, which is a straight shot from Mountainsides. So you just go straight up Lost Hills, no stop signs, nothing to worry about. You're at Palisades. So as I said, my house is at the intersection of Ponderosa and Lost Hills. Now, if we assume that there could be two drivers per apartment, then we're talking about 160 cars, reasonably. I mean, tell me if I've got this wrong. This means 160 more cars are driving up Ponderosa. They're driving up Lost Hills. Right by my house in which I have lived 20 years, bought it with my husband in '02. We moved here for the beauty. We moved here for the quiet. We moved here for the feeling of -- yeah, exactly. So too much traffic. Too much noise. The value of my home will decrease. It will not be the quiet house -- house we bought 20 years ago. And I will have to leave my little community. [APPLAUSE] SUGG: Good evening. I'm Rick Sugg. I'm at 16050 East Ponderosa and my wife Kim. And we are vehemently opposed to this. The developer came through to talk to the houses. We were misrepresented on the depiction as well. There's been a lot of misrepresentation by the attorney. I'm a little disappointed. A lot disappointment in staff. I spent 15 years in public service with land use, planning, zoning, and haven't done it for a long time, but supporting commissions like yourself and county commissions. TOWN OF FOUNTAIN HILLS Page 42 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 42 of 75 Served on state boards. That's just to tell you I know a little bit about what's going on. [COUGHING] Excuse me. Been a long day. I've been at meetings all day, so. People are like electricity or water. They're going to flow the easiest path. And the easiest path is not going to be Mountainside. I mean, Mountainside and Palisade. It's going to be taking the side streets. And it's going to go right past our homes where we have people walking all the time. It's already a nightmare where it's at on Mountainside. That street should be least 60-foot wide. I don't understand the engineers discussion or I haven't read the analysis. If this moves forward, I am going to do some research in your regulation. It is not a matter of right to have 70 units. You still have to take care of the impacts of the community. And the staff should by regulation be able to put whatever necessary impacts are on the community on that developer and make sure that they take care of it. That is just -- I keep hearing this and these guys are trying to hold a shotgun to your heads and say take the lesser of two evils. No, that's not the way it works. Represent the people. Take care of the people. The views are going to be impacted ridiculously. That is why everybody bought here. And I just hope that you stick to your guns and help out the people in this community. And putting it on staff to take care of any kind of, you know, will you work with the developer to take care of this issue, I'm sorry, that's a bit of a push off or a cop out in my view. You don't put it on staff, you make the decision to make the recommendation. And you make sure they put that in front of you in black and white so you can see it. And if you can't see it, what are you making a decision on? I don't understand that. Sorry, I'm tired. It's been a long day. We are vehemently opposed to this. I'll talk to the attorney. I'll talk to any of these guys. And if this goes forward, I will be researching every regulation you have. I've written regulation. I understand it very well. We will figure this out. And we will fight it. Thank you. [APPLAUSE] WOODWARD: Next three speakers in order are Dave Boyer, Gretchen Boyer, and Clyde Hurtig. BOYER: Chairman Gray and Commission, I'm Dave Boyer and I live just across the street from the only exit they're proposing. And at 160 cars, I would say that's a decent TOWN OF FOUNTAIN HILLS Page 43 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 43 of 75 average. We'll be seeing nothing but traffic on the corner of Tumbleweed and where my house is located. Again, I'm not going to reiterate all the great things that people have said before me. But during the last meeting, I think there were two commissioners that really I thought highlighted some specific areas here. Number one, I think it was Commissioner Corey who stated the fact that the original zoning was pledged to our community in terms of residential. And that in fact, you are betraying the trust of those folks that spent a lot of money building these homes. The second comments I thought was very critical as well, again, was Commissioner Watts, when he insisted, and they totally avoided this, in terms of routing people on to Palisades. They didn't address that issue with you. Oh, well, it's a couple of culverts we were concerned about. That's not the issue. The issue is, that part of the community in terms of safety, views obviously, and of course now, with that traffic coming right at our house, it's going to be a real big difference in terms of what residential means to me. Thank you very much. [APPLAUSE] BOYER: Hi, I'm Gretchen Boyer and I basically have to address about five or six issues. The first one that you heard plenty things about, especially most eloquently from my husband, is the traffic issue. So I'm not even going to go any further than that with that. With the dark city that we are noted for, as David indicated, we will have the lights from approximately 160 vehicles. With rental units, there's probably going to be more going right into our beautiful back yard. And destroying what Fountain Hills stands for. The next area is our property value. We moved here three years ago. We invested, as you know, property value here is pretty high, and we invested to get what we consider to be our forever home. You will take us out when we're dead or near dead anyway. With this rental building of 70 units there, you think that's going to increase our property value? I don't think so. Okay. The other was mentioned about zoning. And I will repeat this because I think it's an important statement to know. That zoning is meant to be changed under extreme circumstances. Not a developer making money off of putting 70 units in. Not over threatening putting 70 units on a small strip of land where we all know they couldn't do it with hopefully the rules and regulations that we had to go through when we built on our TOWN OF FOUNTAIN HILLS Page 44 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 44 of 75 land. I'm sure this town has rules and regs that developers have to follow, too. With that, I -- you can tell I'm opposed to the development. I hope you think with and act with your heart. Think if you were living where we're living. Would you want that next door to you? Would you want to hear all of the traffic noises? That's for you to decide. And I hope you vote heartedly. Thank you. [APPLAUSE] HERTIG: I'm Clyde Hertig. I spoke last, last time also. So in the presentation, I just happened to notice a couple of things after I spoke last week, I -- the person who represents the company did come to my house and apologized for having our home misrepresented on the map with the pins. Now, we were told today there were 58 letters of support. And when I looked at the map while the discussion was going on, I counted approximately 15 of those supposedly came from the affected areas which were bounded by Palisades, Cavern, and Mountainside, and the main, the main road on the southside -- El Lago. Now, also it's was supposedly 70 units in the diagram that were going to be on the south property if that's all they developed. I counted that there were 75 units in that drawing. So I found that interesting. I also went to the information evening, which was first developed -- the developer had a couple of months ago. And I believe the traffic count said it was going to be 480 vehicles coming out of this property, which I thought was unbelievable. And I think today we're now saying 160, which -- I don't know, if the number of vehicles on Mountainside, if it's totally 480, so now we're talking about a third of the vehicles in addition to what was there, I guess. I don't -- I don't know what the count is. But that's my main concern. I walk every day in our neighborhood. I walk on Mountainside, sometimes in the evenings. I carry a flashlight. I shine the flashlight at people and people are just speeding there when they come off Palisades. Everyone has these tinted windows nowadays. They can't see out the side windows. We're a dark sky community. It's very hard walking down. And of course, you know people don't stop at the stop signs. And it's quite dangerous the way it is right now. We also have a number of school buses every day driving down Tumbleweed. Now, why is that? They drive by my house. They're empty. They're going over to the high school. TOWN OF FOUNTAIN HILLS Page 45 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 45 of 75 And they're coming down Tumbleweed, turning left on to Mountainside, left on to Palisades, and then going into the school because the entranceway is on the north side of Palisades. So this is, I think, what is going to be happening with this other development. Oh, oh. Okay. GRAY: Couple more seconds. HURTIG: You know, the exit to Palisades, we were talking before that it needed culverts. I thought it would be too expensive also when were here last week. I believe Mr. Watts spoke about that. But I think it's reasonable that the expense be paid. And if they want to go ahead with this thing, that that's what they should do. Otherwise, I would say just build on the south property. And I believe Mr. Watts also said, and I agree, that the entrance and exit to that property needs to be at Ponderosa if they're going to be building that -- the other way. And if that's the case, it's right in the middle of where they're going to be putting their buildings. So I don't know what the answer is. And I'm not against development but it's -- I don't like what's happening here. Thank you. GRAY: Thank you, Mr. Hurtig. WOODWARD: Next three speakers -- [APPLAUSE] WOODWARD: -- next three speakers in order are Lori Troller, Ed Stizza, and Bret Hawkins. TROLLER: Good evening, Chairman, Commissioners. A little bit of a different slant and don't mistake this for I'm against this, too, but I've lived here 27 years and have a wonderful neighbors, wonderful views, great -- I love where I am. Two years ago, the house to my backyard burned down to the ground. They've rebuilt. If that house, what they just built, was there when I bought my house, I would have never have even thought about it. It lowered the value of my home just -- it's awful. Same situation. It in -- beauty is in the eye of the beholder. If they built a different home that I liked, I'd be loving it, right? It would be wonderful. So I -- I don't know. Dare I say this? You see these buildings in Scottsdale. They're big, huge apartment buildings, nothing big like that. But the glassware, the gardens are hanging over. TOWN OF FOUNTAIN HILLS Page 46 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 46 of 75 That to me, if I were in these homes looking at that, a design like that, little easier versus just the same old stucco we're always seeing. And that's way out of character with what we see, these, you know, the glass that's so super-modern but where these -- they have the façade, the living facades which is, you know, they're talking about they're viewing gone but there, we're adding a living façade, it's a little easier. So that's my only -- maybe the design, you know, totally different. And then we can't require that but I'm just thinking out loud, so thank you. GRAY: Thank you. [APPLAUSE] GRAY: Ed Stizza? HAWKINS: I can go. Hi, I'm Bret Hawkins. Commissioner Gray, I'd like to ask if anybody has checked to see whether or not the map that they've shown with the pins is accurate? Anybody here on this board? I did bring this up last -- in January. And I'm hearing again that these things are not correct. And that some would look it as a lie. I look it as a lie. My neighbors around me, I'm very close to all of them. Five of them, I've talked to and you know, hey, you know, they're very open to me about, you know, we absolutely cannot have this. Just no way. And they're marked as either neutral or not marked at all. These would all be red dots. So what I'm asking, if you go to the next step, find out if they're telling you the truth. I won't do business with anybody who lies to me. These guys, I think might be lying to you. And all of us. It's disrespectful. That's all I have to say. [APPLAUSE] WOODWARD: Ed Stizza? STIZZA: Chairman, Commissioners, this is a traffic issue and a zoning problem, obviously. So we already know that. They -- all this stuff is all concerns. But one thing I want to say is that we have got to get everybody on board protecting this town. It is -- it's going down -- it's going down the tubes in a lot of aspects. And that's not good. I mean, we don't have any land left. I've said this before. This is also a density and aesthetic, and dark sky problem. There's not one of these renderings that these guys did with the lighting in it. Not one. Show the lighting. Show the lighting. I said this at the TOWN OF FOUNTAIN HILLS Page 47 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 47 of 75 last meeting. But they're not going to show that. Because that's going to make all of this even worse. The renderings that you guys asked for, great idea. Did they provide them? No. So because it will show exactly what's going on to the general public that can't visualize those drawings. It's really cut and dry. So hopefully everybody makes right decision. And we've got to stop giving in to everybody. So including the staff. So got to protect the town. So thank you. [APPLAUSE] WOODWARD: Next three speakers in order are Ron Schwartu, I believe Frank -- is it Orlando? And Gail Evans. SCHWARTU: Mr. Chairman and Commissioners, I'm Ron Schwartu I live on East Lost Hills Drive. Just a couple of things to support what others have said here. If only the south part is developed, I can tell you where that traffic is going to go. It's going to be a race track right up East Lost Hills Drive or to Palisades. I don't drive an SUV all the time like most people do. Once in a while I do. But as it is, when you get down even going west on East Lost Hills Drive and want to turn south on Palisades, it is a visual problem there as well. I always feel I'm taking my life in my hand as people are coming from the stop sign to the east, they come at a pretty good clip and doesn't give me much time to -- and try to decide which lane they're in already. Whether I dare pull out and go south. There's a lot of people that walk on East Lost Hills Drive and unfortunately right now, we have quite a few cars that park on East Lost Hills Drive, too. So as traffic increases, I can only see that there's going to be an issue with some accidents. Plus some people have, myself included, have some pretty steep driveways. So when we come out of those things, we have to be very careful, so we're going cautiously slow. And if traffic comes over a hill pretty fast, concerned about that. I'm fairly new to the community. But one thing, one of the reasons I bought here was I liked the character of this community. You have some open space. It's not like Scottsdale or Mesa where every single inch is developed. And I think the beauty of this town is that it has some open greenspace, space for wildlife, visual space for us to enjoy. And I hope that somehow we can work to preserve that and that developers will see that TOWN OF FOUNTAIN HILLS Page 48 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 48 of 75 that's an asset to us, not just the bottom dollar of how many units can we cram into a square foot. So you have a very difficult job as a commission and if I know, you'll do the right job. [APPLAUSE] ORLANDO: Frank Orlando. I've been an owner in La Strada for the last 20 years and also president of the HOA. I was curious about the green dots because the green dot that I saw for La Strada was at the pools. I don't know who he possibly had that was there? But more importantly, I was impressed with the lawyer. I think he did a great job of defending his client. But when I listen to lawyers, I think about what they don't say. And what I didn't hear him say anything, and maybe you guys already know this, that the owner of the property that you're considering to rezone is in support of this. I assume that's a church, correct? So -- and I haven't heard anybody form the church say that -- that's here say anything about the properties. I don't know how you can rezone a property without knowing what the owner of the property feels about the situation. The other thing is, I heard a bunch of things saying what might happen on the -- I guess the lower property where they say they can do 70. But until you have a real determination of what can be zoned there and what can be built there, I don't know how you can make an informed opinion about whether or not to approve this. Thank you. [APPLAUSE] EVANS: Gail Evans. This is a very first time for me, ever. But first off, I have an invitation for the entire counsel and anybody else that would like to -- I live directly on Palisades, directly across from the property being considered. Anybody that would like to come and sit in the front yard for a half a day would see what everybody else is talking about. Mostly traffic. But there are other concerns also. All the green dots that were on that map the other day, three of us were out over the weekend, and I was going house to house and asking various people along Palisades, then down Morningside about this. And everyone said, no. God, we can't stand more traffic. And they're older people. I have to back out on to Palisades. And it's becoming a nightmare because they will not let up. And from the stoplight all the way up to where I am, just past Wendover, they're already doing 60. And darn proud of it, too. TOWN OF FOUNTAIN HILLS Page 49 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 49 of 75 And so it's becoming -- it's becoming more dangerous all the time. Another one, because we were out there asking people, and every single one of the ones that I went to, which were inclusive of 11 houses right around the corner said no. So how long ago did these developers or whoever it was that was out there saying, and they've got all these signatures, how long ago was that? Because if it's any of those people in those houses, they've changed their mind. Three people told me, yes, they had change -- they did sign, but they didn't realize what they were in for. And now that they're saying no. So that is irrelevant to me. But anyway, as far as where I come from, I've been watching. I've been here for 22 years, same house, watching the difference in the town. Watching how it's growing, whatever. This is one, it's going to be dangerous. It's too close to Fountain Hills Boulevard. The traffic already backs up past Mountainview. So it's -- it' s -- it seems to me it's a cut and dry situation. I know what the developers say and I know what the lawyers say. And one of them says, one of them came off the last meeting that we had outside, well, we'll, if they say no, we'll develop it anyway. So what does that mean? Not to concerning. And none of them's from this town. They're all from Phoenix or somewhere else. Come and spend a day. I'll invite anybody in the -- in my front yard. Just look. Because bikers go by. Kids walk by. People that come over Palisades going east. There's a hill right there, right just before that block. And you cannot see it until you drive over the top and Mountainview is right there. So I would respectfully, like I said, I would like anybody to come in. I'm done. And like I said, scared silly of being up here in the front, but I've seen it and I know. So I would like people that aren't from here to come on over. Just look. Thank you. [APPLAUSE] GRAY: Thank you. WOODWARD: Chair -- GRAY: John, we need a first time caller -- bell. Is there something we can ring? [LAUGHTER] WOODWARD: Chairman, we received a written submittal from Dennis and Renee Martyka that they are against agenda item number 5, the rezone. GRAY: Thank you, Paula. Were there any other cards filed that were for or against, in TOWN OF FOUNTAIN HILLS Page 50 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 50 of 75 addition to speakers? WOODWARD: Just the one I read. GRAY: Just the one, okay. UNIDENTIFIED SPEAKER: We have two that we didn't hand in yet. GRAY: To speak or just to -- UNIDENTIFIED SPEAKER: No, just to hand in. GRAY: Okay. Yeah. If you could just get those to Paula and we'll get them into the record for you. Of course, you're welcome to speak. UNIDENTIFIED SPEAKER: Love to, but I think you've pretty much covered all the bases here. GRAY: All right. Last call for speaker cards. Okay. We will close the public comment portion of the hearing. Let's bring Farhad and the developer back up. Mr. Marowitz, I assume you have a few things you want to cover. And then we'll open it up to the Commissioners for some Q and A. MAROWITZ: Thank you, Chairman Gray, Commissioners. For your records, Mike Marowitz with Snell and Wilmer. The concerns that you've heard about traffic, blocking views, congestion, traffic circulation driving through -- through around people's homes, those all relate to a new multifamily development on this property. But a multifamily development is already approved for this property. Again, as I said in my presentation, the south parcel is zoned R-4, which allows by rights, 70 units, that can be built in accordance with the minimum development standards. And I want to point to some of the things in the site plan I think we've done really well. I mentioned in my presentation that one of the benefits about going through the zoning process is that we get to hear all the comments and feedback from the neighbors, which are very legitimate questions and comments and concerns that they have. But because we're going through the zoning process, we actually get to listen to them and work on ways that we can design the project to do its very best to address those concerns. Now, it would be disingenuous of me to say that we can one hundred percent mitigate every single concern that you've heard. But we can certainly mitigate the concerns far more than what a by-right development would be on this property. So I want to highlight some of the things that have been done. You can see on the site TOWN OF FOUNTAIN HILLS Page 51 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 51 of 75 plan that all the buildings have been angled significantly from Mountainside Drive. You heard a lot of concerns about views. A by-right development could push those buildings up to the minimum setback line, which is 30 feet from the property line and be exactly parallel to Mountainside Drive, so they would sit significantly above the finished floor elevation. We've gotten Building 1 to sit only one foot above the finished floor elevation. That doesn't happen in a by-right development but it's a nice feature of this development that addresses some of those concerns. You can also see the amount of open space that is provided. I have never been part of a development project that has 66 percent open space. Heard a lot of comments about how the character of Fountain Hills is open space. And I agree. It is important we maintain as much of open space incorporated into the development as we can. The by-right development of 70 units on the south parcel is 36 percent open space. We are increase of 30 percent from that. That is a big difference. Then there are other items I think that this does well. You heard comments about access on to the southern driveway on Mountainside Drive and then what that would do. Again, this is a way that this development can be a solution to some of these issues. And since the last hearing, we've proposed now to restrict that to emergency access only to resolve some of that concerns. So we've worked incredibly hard on doing the very best we can to design a project that addresses those concerns, which certainly does not happen with a by-right development. You heard issues about speeding on Mountainside Drive. Again, we're looking to ways that we can address that. And one of the stipulations would be speed bumps or speed humps to help address those issues. Again, the decision before this commission is not this development or no development. We acknowledge that there are some residents that you heard from in attendance here today that would prefer for these properties not to be developed. But that is not the alternative. The alternative is a development that doesn't get reviewed by the Commission or the City Council where these lists of stipulations that we've proposed don't apply and they just need to meet the minimum building setback standards. And so with that, with our development, we show you exactly what we are proposing. TOWN OF FOUNTAIN HILLS Page 52 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 52 of 75 It's lower units than you could build legally by right on both parcels. It reduces the traffic. Significantly increases open space. And designs a building so that they're oriented and pushed down the slope to do its very best to respect the views of the neighboring properties. And so with that, we respectfully again your recommendation of approval, subject to the eight stipulations that we've proposed. Thank you. GRAY: Commissioners, questions of the applicant or town staff? Commissioner Kovacevic. KOVACEVIC: I have a question for Farhad. The single family zoning on the north parcel. What are the lot sizes associated with that zoning? FARHAD: Mr. Chairman, Commissioner Kovacevic, the minimum lot size at an R1-10 zoning designation is 10,000 square feet. KOVACEVIC: Okay. Thank you. GRAY: Commissioner Dempster. DEMPSTER: Thank you. Farhad, question for you. So I -- my guess is the applicant would not propose this project if the lot was not subdividable that the church owns. Can you speak to that? TAVASSOLI: Mr. Chairman, Commissioners, so the -- I guess the more accurate terminology would -- rather than subdividing yet again would be a replat. Assuming this rezoning proposal is approved, even before the applicant submits a site plan for staff to review, they would need to submit a replat of the Tocapilla subdivision where they would simply reorient or realign some of the property boundaries. But it wouldn't require a subdivision review process per se. DEMPSTER: Okay. Thank you. And I wanted to clarify a couple of items just so you know, factual information. So someone had mentioned that apartments don't get condominiumized. Four Peaks condominiums used to be an apartment building. That there were 200 properties there. So they're -- they start out as apartments, they were condominiumized about 14 years ago. So that does happen. And then, just to clarify the process, the -- when a developer, and you can please correct me if I'm wrong, when a developer is looking at possibly building a property, they may not have the deal closed on the property piece -- parcel of land that their purchasing. Because if the project does not TOWN OF FOUNTAIN HILLS Page 53 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 53 of 75 get approved, they might not for purchasing the land. So that, too, is not uncommon to not own all the land that they plan to put the project on. So I just wanted to clarify those couple of items if I may. Thank you. GRAY: Commissioner Watts. WATTS: Farhad, I'm going back to the ability or inability to build 70 units on the south parcel. Was that an accurate representation of the three buildings that by quote/unquote "right" can be built on that property? And if it is, it does require downsizing the units from the more luxurious, three bedroom and -- or maybe changing the count. So was that a fair representation? TAVASSOLI: Mr. Chairman, Commissioner Watts, that was the first time that I have seen that iteration of -- for that particular parcel. I did not see it clearly enough other than the fact that there were three buildings, if I remember correctly, instead of four. Is it an accurate representation? I'd have to study it a little bit more closely, but it looked like, quite obviously, only three of the four -- three-quarters of the units that are being proposed may fit there. But -- WATTS: Yeah. And the south side being a little more challenging as far as the contour of the land, the topography, could be a real challenge to get that third building on the south side without a lot of cut and fill that would go on, I would assume. TAVASSOLI: I would imagine it would require quite a bit of engineering to design it. WATTS: And my final comment is, I -- while the presentation has been good, good sales, I think it was remiss in not bringing supporters. The supporters, we've got a lot of detractors that don't want to put the project in. And you've got some data that is in question. So I think it would have behooved you to bring supporters in to help sell the project some. Thank you. GRAY: So I find myself kind of torn on this one. I was torn a month ago. And I think there's been some nominal improvements here. I think the stipulations, there's some merit to the stipulations. So a list of things that I think are positives about this. The internal traffic patterns are virtually hidden from the neighborhood in Mountainside. The parcel A traffic is automatically pushed to the north, given the stipulation to close that south entrance. I think there's a lot of value in that. If the south parcel were to be developed independently, all that traffic dumps out on TOWN OF FOUNTAIN HILLS Page 54 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 54 of 75 Mountainside at Ponderosa or thereabouts and I think that's extremely problematic. So think there's benefit there. The open space, I agree. I think that that's, you know, I think that that's, by default, because of the topography, but you know open space is open space at the end. I would like to see the south parcel exhibit again, the one that's got the three buildings. I didn't write down the note, but I heard somebody say that they saw 75 units on there. I just want to make sure that that's a legitimate exhibit before we take this much farther. MAROWITZ: Chairman Gray, here is the exhibit. And it does how the unit count in each building and it adds up to 70 units that would be allowed there. So to go through it, the first one at the top there has 28 units, 18 studios and 10 one bedroom units would make up the mix there. Then the building right by it has 22 units, that's 17 studios and 10 one bedroom units. And then the bottom one at the bottom there has 20 units, which is 10 studios and 10 one bedroom units. So again, you do have to reduce the size of the units in order to make that work. And as far as addressing the topography, the reason that's done is -- UNIDENTIFIED SPEAKER: Can you speak into the mic -- MAROWITZ: Oh, let' see. It looks like it's shut off on me a little bit. UNIDENTIFIED SPEAKER: Yeah, it did. MAROWITZ: There we go. Okay, a little bit better. So the units do add up to 70. You have to make the units smaller in order to make that work. But that is the alternative development proposal there. GRAY: Yeah. I can see the counts there. And just again, just for kind of level setting this in my head, creation of that exhibit is not new? That was a legacy -- part of the legacy proposal? MAROWITZ: Chairman Gray, yes, that's correct. So this was the initial development proposal of development of that property to the south. When the developer, Senderos realized that the north parcel could potentially be included and was on the market, that's when discussion with the church ensued and entered into contract with the church which are currently in escrow to purchase that property if this rezoning were to be approved. GRAY: Okay. Thank you. Coupe of other things I like about your proposal, TOWN OF FOUNTAIN HILLS Page 55 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 55 of 75 Mountainside setbacks, I think, and as well as the building heights, I think are favorable. Nobody likes to see development but if there is going to be development, there's some real positives in that. And I think the sight lines off the single family residences, you know, they're far better than they actually could be. So there's some value there. Detractors, Palisades and Mountainside, obviously, we heard a lot about that again here tonight. Nobody brought up the pool being directly visible off Mountainside, and I suppose with landscape, that's going to be accounted for. But the Saturday pina colada party might bother me if I was adjacent to that. I wanted to see the civil plan, again, I wanted to see those driveway angles up to Mountainside, I know that those were at least indicatively table-topped there, but would have liked to have seen that. And the biggest one for me, I think I'm a supporter of this by and large, but the one thing that I can't get past is it seems between developer, town staff, including engineering, and I'm not an engineer, so this is kind of difficult to say, but I don't think we're giving the traffic -- the traffic patterns the credence that they deserve here. I -- [APPLAUSE] GRAY: -- hold on -- hold on. I, like Commissioner Watts, I sat there a couple different times for extended periods of time and it's not good. I don't know if anybody else has thoughts on that, but I don't think that -- I think that this scenario is unique in that the data is not going to drive the solution or appropriately address the condition is maybe a better way to say it. So while I say I'm a supporter of this, I'm a supporter of this with the condition that the traffic get down to the stoplight at the church property. That's where I -- I guess that's where I reside as we -- as we head into this looking for -- looking for a motion or any particular action. So again, Commissioners, any final thoughts and if not -- Commissioner Corey. COREY: Thank you, Chair. So you know, for discussion, I think we definitely heard some themes tonight from 18, I think it was 18 or 17 people that spoke. You know, there was a lot of people in opposition for this, which is reasonable, I think, because this is so close to residential area. I heard a lot of themes around traffic, of course, and views. But, like, we heard from somebody today, I don't want to go that far down the path if TOWN OF FOUNTAIN HILLS Page 56 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 56 of 75 we're just making the recommendation to approve or deny this request. So you know, I'll say what I said last time around, the zoning is a promise that we've made to the residence and like somebody shared tonight, this should only be changed under extreme circumstances. And I understand what the developer is trying to do. And spread this out, to lower them, and make it -- make it seem like it's going to be a better solution for us. But I just don't think that that's the case. And you know, when this many people show up to let us know that their feedback who live around the area, I think we need to listen to that more importantly. So I will not be voting to approve this tonight. [APPLAUSE] GRAY: Commissioner Schlossberg. SCHLOSSBERG: Yeah. Just a couple observations as well. I used to live on the corner of Lost Hills and Primrose for quite some time. And I'm very familiar with the -- this piece of land. I'm also familiar with -- and this is not -- excuse me, because I'm going to make a comment about Four Peaks Condos, but I spent a lot of time gathering balls for my son out of that wash down there at the foot of Lost Hills and I always thought to myself, I was, like, man that is really unattractive, those condos, the back of the condos over there, the view from the back of the condos at Four Peaks. And that's why I kept asking about the artist's rendering, what do the -- what this is going to look like? Is it going to block that? Because I really find it, I mean I'm looking at it right now. I find it kind of unattractive. And I always have. But please don't, you know, throw me under the bus for that. But I go back to what Chairman Gray said, Chairman Gray -- it is Chairman Gray -- GRAY: The bus is on Ponderosa, too. SCHLOSSBERG: -- that's right. But, so question regarding culvers or culverts, whatever, was there really some research done on getting in ingress/egress over to Palisades? And is it completely cost prohibitive where that's not -- it's just not feasible to do it for this project? Or what's -- what's the -- MAROWITZ: Chairman Gray, Vice Chair Schlossberg, the -- yes. A lot of time was spent into looking -- we knew that was one of the comments in addition to some of the other items of -- can we bring our main access point so that it's off of Palisades. And the answer to the question -- so the first thing that is, is no. TOWN OF FOUNTAIN HILLS Page 57 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 57 of 75 And the reason is, the first thing that we looked at is, how can we span the wash to give access in the middle portion of Palisades? That is not possible to do because that is a right-turn deceleration lane into the church property. So we'd be conflicting with that. So we can't put it there. So the only place that you can put the shared access would be sharing it with the church property by spanning the entire length of that wash. That would require an incredibly large box culvert with significant impact to the wash, which is infeasible to do for a variety of reasons of reasons. The first is, it is extremely cost prohibitive to do. But the other part is, you heard a lot of comments about how much we need to preserve and protect that wash and the open space and the wild life that lives in there. The nice thing about this site plan is, it does not impact that wash at all. So not only would it be infeasible to do, to extend that large of a box culvert, but trying to do that would require significant work to that drainage corridor and cause disturbances to that wash. So really it isn't feasible. But I do want to remind the Commission that this is a -- where access comes from is -- will come from Palisades -- or from Mountainside Drive with any development on these properties. And so again, if the concern is access, I think we've done the very best that we can, excluding access on Palisades, which cannot be done, to address all the comments about the nuances of Mountainside Drive and traffic in this area and we spent a lot of time to do that. But those nuances don't get addressed at all with a by-right development. And so I want to remind the Commission of that. But we certainly spent lots of time working to see if it was feasible to access from Palisades and it just simply is not. GRAY: Are there any mapping sketch exhibits that could be shared that showed how that was -- how that tie-in with that traffic light may have been studied? I just -- is there any due diligence behind that, that we could actually take a look at? MAROWITZ: Chairman Gray, I am not aware of sketches that were put together. That one of the things that goes into it, it's kind of a drainage analysis. And we're happy if the Commission wanted, kind of a more formal analysis on the impacts to drainage and what you would have to do for that large box culvert there, our team would be happy to put together that work. That said, I will say that this, you know, we, of course, were here in January and we have TOWN OF FOUNTAIN HILLS Page 58 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 58 of 75 since that time, even before January spent a lot of times on the design of this development, made a lot of effort to build a creatively designed development. And then since January spent an additional two months working hard with city staff on what you see before you to address this. So it hasn't been for a lack of effort. We've put in a lot of work to get to this point where we are, and really do believe that we've addressed all the concerns and comments we've heard to the best that we can. But if there was more work or evidence that the Commission needed to see, we could put that together. What that would be in the form of is a drainage analysis and how much it would impact flows and the difficulty you would have to do that. GRAY: Farhad, your thoughts on tying in that -- at that intersection, or maybe town engineer as well? If he's -- yeah, he's still here. TAVASSOLI: Mr. Chairman, Commissioners, I think that would be better suited for the engineer to answer in regard to the tie-in. I can't make any additional points other than to the fact that there's a deceleration lane over there -- GRAY: And of course, it's -- TAVASSOLI: -- as far as drainage constraints -- GRAY: -- probably not fair to ask him without allowing some study of it, right? But just -- just a -- give it your best shot here. JANOVER: I'll give it my best shot. Yes. Mr. Chairman, members of the Commission. To come out on to Palisades, the best thing for us is to try to -- to try to really stay away from the wash if we can. Otherwise, we would need to -- we would to really take a look at that and size the cover properly. Because, obviously, you know, being in a hillside community that we are, stone water drainage is imperative that we keep that as free flowing as possible. So if -- the best, I mean, obviously, we know we need to look at the big picture here. And what is the best way to move forward. But just from a drainage -- complete from a drainage standpoint, the best thing there would be to try to stay away and not -- not even touch that wash and that drainage area. But being -- be it as it may, we -- and we also have that -- that situation when we do other decel lane on Palisades. If that wasn't there, that would be more, more palatable, perhaps. But we -- so we do have a number of issues there that -- that kind of push the primary access to Mountainside in my TOWN OF FOUNTAIN HILLS Page 59 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 59 of 75 opinion. MAROWITZ: Chairman Gray, we do have our civil engineer here, if you'd like. What they looked into as far as the inability to extend that box culvert, if you would like to hear from him as well? GRAY: What about bringing the drive aisle over along and paralleling Palisades down to the traffic light? MAROWITZ: Chairman Gray, great question. And this why I'm going to call up the civil engineer to address more technically the issues. SMITH: Mr. Chairman and Commissioners, my name is Craig Smith. I'm with KSC Design Group (phonetic) and we're the civil engineers on the project. We did look, not in great detail because once we took a look at the right turn lane and deceleration lane on Palisades, that precluded us from actually exiting the property out to Palisades. The other issue is that there's a large structure that's right at the northeast corner of the parcel where the church driveway enters off of Palisades. And that's a detention structure so that the water actually fills up in the area right at that corner and spills into that structure which goes underneath Palisades Boulevard and continues on. So getting to manage all of that drainage in that area and trying to cross it at the same time really creates more disturbance to that wash than I think anybody here in the town, you and the developer would like to see. Again, a lot of the character is in that wash. And the habitat that's there, as well as just providing that open space. So there are a lot of issues that keep us from trying to get out to Palisades at that location. And trying to get through the church parking lot, I guess that would have to be an issue that would be taken up with the church. But I can't see that as being a viable solution either. Again, you'd have to cross the wash to do that. GRAY: Thank you. Commissioner Watts. WATTS: This may be out in left field. What about taking 30 feet of the property and making Mountainside a four-lane highway and deeding that 30 feet to the city so that we can mitigate some of the problems by simply having a dedicated turn lane both directions or if you can manage the traffic the better? MAROWITZ: Chairman Gray, Commissioner Watts, if I understand the question correctly, it's can we dedicate a portion of our frontage along Mountainside Drive to TOWN OF FOUNTAIN HILLS Page 60 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 60 of 75 extend that area along Mountainside Drive from two lanes to four lanes? Is that -- WATTS: All the way out to Palisades, yes. MAROWITZ: -- all the way out to -- so I -- and I can tell you, the way that this has been designed, we -- we had, you know, we have the space in between our street and the building. Now, a lot of work would be needed. And, of course, you know, you'd have -- I don't, I'm not sure exactly what traffic issues you'd have with a portion that's four lanes and then moving down into two eventually on Mountainside and that might create other issues. So while it's, you know, I do think it's maybe possible that we could dedicate a portion of it and approve it, but you'd have that odd condition where you have four lanes and going back down to two, which could create other issues as well. That said, then the purpose, the intent of this developer and developing group is to find -- hear the concerns and find solutions. And this is not one that attract from engineered viewed as something that needed to be done. But that said, if that's something that the Planning Commission thought would be a benefit, we'd be happy to accommodate. WATTS: How about our engineer? JANOVER: So Mr. Chairman, members of the board -- members of the Commission, it is -- it may be possible to widen Mountainside as you approach Palisades. We just have to be careful as we, if we do encroach into that right turn lane at Palisades to see what the required -- the required length of that right turn -- dedicated right turn lane was. But it might be possible, certainly to widen -- you see that at quite a number of intersections anyway, widening to, you know, to add dedicated right turn lane or dedicated left turn lane. That is quite possible and it's something we could look at with the developer and the engineer. WATTS: Okay. Thank you. GRAY: So we're talking -- let's make sure my head's straight. We're talking about develop -- this is all theoretical here, right? We're talking about developer conceding the 15 feet or so at the north -- what is that, northwest corner of the parcel to allow for a right out on to Palisades? WATTS: That's not what I said. What I said was from the corner of the south parcel, give me 30 feet of land so that we can widen that to a four lane highway all the way out TOWN OF FOUNTAIN HILLS Page 61 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 61 of 75 to Palisades. GRAY: Why do you want to go that far? WATTS: Just to give people the opportunity. When -- if you came out from below, you're going to relieve some of the traffic. You're going to relieve traffic feeding into those -- you're going to take away the opportunity or the desire for people to move into the adjoining streets. UNIDENTIFIED SPEAKER: What happens to the sidewalks? What happens to the wash bins there? ME. WATTS: That's his issue. [LAUGHTER] GRAY: Commissioner Dempster. DEMPSTER: What about building on that again, hypothetically, the parcel that the town owns to the west that has the Lost Hills sign on that, is that enough space to at least widen the entrance to Mountainside? JANOVER: So Mr. Chairman and Commissioners, my thoughts were, you know, the town does have -- does own that property and we can certainly see what would work best there. We'd work with the developer. I am still a staunch advocate of looking at that wall. It's not a retaining wall so much as more of a decorative wall. It is, I think, part of the -- a major part of the issue of making that left turn there. Of course, there is the -- there is the crest vertical curve that is also -- nothing we -- nothing we could do can change that. But certainly, we can increase the line of sight and get much, much better line of sight if we do something with that. And if we do -- if we are able to expand, I guess that, kind of make it a dedicated right turn lane or in -- along their frontage at Palisades, we can move over some of those -- some of those cars, especially the -- maybe the left turning vehicle to, again, even more increase that line of sight. So I think there are some things that we can look at, at the intersection. MAROWITZ: Chairman Gray, if I may. So that suggestion that was just mentioned was actually ironically also what we were discussing over there with our traffic engineer, is -- is I think what might be a good solution here. Is to take our north driveway and widen it all the way across the frontage. And we can make that a dedicated right turn lane on to TOWN OF FOUNTAIN HILLS Page 62 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 62 of 75 Palisades. And I think that resolves a lot the concerns that were just suggested. And I think is a feasible solution. And so if the Commission would like to see that, we'd be happy to include a stipulation that requires the developer to make that improvement. GRAY: And then, and so I appreciate that, but complimentary to that, what I just chicken scratched up here was, and this is hypothetical, but with town participation, getting another 15 feet out of the west side of Mountainside. That would free up enough space center -- center street for a decel (sic) turn island, which would then allow for free flowing traffic, north free flowing traffic, south, you've got your turn lane that's right out on to Palisades, to me, that's -- that's a solution, a potential solution to what's hidden in the, you know, in the nuances of this particular location. MAROWITZ: Chairman Gray, thank you. Yes. So that, of course, is the town's property so we can't force the town to allow us to make those improvements, but of course, we have everyone, you know, in this room that would be needed to make that decision. And so we, again, would be happy to make the improvement to the town's property if they would allow us to do so. GRAY: Commissioner Watt's your thoughts? WATTS: Yeah. I, you know, I would kind of recant -- GRAY: Microphone. WATTS: I think, rethinking the south entrance, you wouldn't need to go all the way to the end of the property line. But I still am more of a proponent for slowing down traffic. Just by its nature, if you don't have -- if you don't have people jockeying for positions, if you got two lanes going both directions, so I would be still a proponent of taking 30 feet, making an additional two lanes, two north, two south, incorporating one of those lanes as it approaches Palisades to the left side -- [AUDIENCE TALK] GRAY: Come on guys -- UNIDENTIFIED SPEAKER: Grasping. UNIDENTIFIED SPEAKER: You don't live there. UNIDENTIFIED SPEAKER: You don't know what the heck you're talking about, sir. WATTS: Okay. TOWN OF FOUNTAIN HILLS Page 63 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 63 of 75 UNIDENTIFIED SPEAKER: And that land is not for sale. UNIDENTIFIED SPEAKER: You guys approach the church to buy it. UNIDENTIFIED SPEAKER: Yes, that land is not for sale. GRAY: Joe -- Thank you. UNIDENTIFIED SPEAKER: This is just so wrong. GRAY: We understand the emotions behind this. A lot of us -- [AUDIENCE TALK] GRAY: -- a lot of us have been in similar situations in town. In fact, that' show half of us got up here, was these types of scenarios. So we do appreciate where you guys come from. We're trying to find a solution that suits -- [AUDIENCE TALK] GRAY: -- all interests. UNIDENTIFIED SPEAKER: Don't -- do it for the town, not for these people. UNIDENTIFIED SPEAKER: We know we're zoned and what it is. GRAY: Commissioner Watts. WATTS: It doesn't sound like there's a lot of room for negotiating to try to get a resolution to this. And frankly, I resent some of the comments. So whether or not you believe that I'm trying to work in your best interest or not -- UNIDENTIFIED SPEAKER: No, you're not. WATTS: -- to me is irrelevant. I don't really care. I am here to try and get the best solution for the town, for the people, for the people that have spoken against it. Something is going to go in. That's what you got to deal with. Something is going to go in in the R-4 -- [AUDIENCE TALK] WATTS: -- I am not looking for feedback. With that I'm done. GRAY: Thank you, Commissioner Watts. [AUDIENCE TALK] GRAY: Folks. Please. Commissioners, any other thoughts? Commissioner Dapaah? No. Commissioner Corey? COREY: No. GRAY: Commissioner Dempster? Commissioner Kovacevic? TOWN OF FOUNTAIN HILLS Page 64 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 64 of 75 KOVACEVIC: No GRAY: Commissioner Schlossberg? Okay. All right. No more comments, Paula? WOODWARD: No, Chairman. GRAY: Commissioners, a motion? COMMISSIONER COREY: I would make a motion to deny the rezone for the 3.1 acres of the 6.8 acre property from the R1-10 single family residential to R-3 multifamily residential. GRAY: Commissioners, is there a second to Commissioner Corey's motion? Going once, twice, motion fails. Commissioners, an alternate motion? Okay. I will go ahead and put a motion here on the table open to any amendments that the Commission might have. I am going to recommend a motion -- I'm going to recommend a motion be carried to the Town Council to approve the rezone with all of the stated stipulations and added stipulation to modify stip 1(a) to include a statement of less than 24 units per building. And with a very, very strong caveat that the parking solution between Mountainside and Palisade -- not he parking, the traffic solution between Mountainside and Palisades, in a collaborative effort between the town and the developer be ironclad. I really, really want the traffic down at that stoplight. And if it's not going to get down at that stoplight, the solution at Mountainside has to be perfect. And without that perfect solution, I would hope that the Town Council would not take our recommendation forward. So Commissioners, any amendments to that motion? KOVACEVIC: Is it less than or equal to 24 units? GRAY: Yeah. That's the -- that's the upper limit of the existing building. KOVACEVIC: Okay. GRAY: Commissioners, a second. KOVACEVIC: I'll second. GRAY: Commissioner Kovacevic seconds the motion. Last call for amendments. Call a row call vote, please. WOODWARD: Commissioner Corey. COREY: No. TOWN OF FOUNTAIN HILLS Page 65 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 65 of 75 WOODWARD: Commissioner Dapaah. DAPAAH: Yah. WOODWARD: Commissioner Dempster. DEMPSTER: Aye. WOODWARD: Commissioner Kovacevic. KOVACEVIC: Aye. WOODWARD: Commissioner Watts. WATTS: No. WOODWARD: Vice Chairman Schlossberg. SCHLOSSBERG: Aye. WOODWARD: Chairman Gray. GRAY: Aye. WOODWARD: 5 - 2. GRAY: Thank you, Paula. Okay. Commissioners, five-minutes recess, we want to move on with the agenda. Take a five-minute recess, thank you. (Recess) GRAY: All right. So we're going to jumble up our agenda here. So John, let's go ahead and move to 9(a) to provide comments on the architectural design for 15006 North Ivory. WESLEY: Okay. Chairman, Commissioners, try not to take too much time here. Go through a quick presentation. Then let Gurzak come up and visit with you about some of his thoughts and his needs with regard to this project. But just a quick background. Back May and June of last year you reviewed and then ultimately recommended approval of a special use permit for building of an office, multifamily project at Ivory and El Pueblo. There was discussion during the meeting about the architecture and it's need to be reviewed closely through the site plan review. Now, that did then go to council and was approved ultimately in September of 2022. Again, discussions included some concern with the proposed architecture. As I can see the building relate to the context, but there were no stipulations specifically placed on the approvals by either the P and Z or Council. And Chapter 19 of the Zoning Ordinance, Section 19.04 at (h) talks about infill and has the guideline that we look for compatible TOWN OF FOUNTAIN HILLS Page 66 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 66 of 75 infill. Without duplicating outdated architectural styles. And so we've been working at this, talking with the applicant through the site plan review process. We're just about to the final stages of approving the site plan. Needs to get his building permit submitted soon. And so normally by the -- by the procedures we would have actually denied the request and there'd be an appeal. Well, if we would have gone through that process, he wouldn't have been able to get to you until your next meeting and he's anxious to move forward. So I didn't want to do that. So this is a little bit, kind of out of the normal sequence to go ahead and get some input here so that we can then move forward with, hopefully finalizing the site plan. So here are the elevations of the proposed buildings, again, they're not too different from what you saw previously. He's been consistent with that. Now here are some of the buildings in the area. To the west, across the parking lot. And then to the southwest, the old charter school, home side, immediately across Ivory from his corner lot. Here are some other buildings in town close by here on El Lago and Gunsight. And the one that we're viewing for Danna Coughlin (phonetic) down on Saguaro. That more modern look similar to what Mr. Garzak is proposing on his site. Similar colors to what he's proposing there. And then here's a home I believe he's built here in town using those colors and those materials to show how they can look in an actual construction. Very nice looking building. And so I would not really look for any formal action by the Commission but an opportunity for myself in particular and Mr. Garzak to get your thoughts on the proposal and whether or not you feel the -- the design is addressing the code requirement to be something that's compatible with the neighborhood. Staff feels that -- that it's not meeting that goal, otherwise we wouldn't be here. It's partially the colors. Partially the shape of materials that are being proposed. I'm not an architect to say what's designed differently necessarily. But again, when we look at, you know, what is adjacent to us, to it in this context, staff's not finding that being compatible. So with that, I'll turn it back to you, Mr. Chair. GRAY: Thank you, John. Mr. Gurzak do you have any -- any inclination to -- TOWN OF FOUNTAIN HILLS Page 67 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 67 of 75 GURZAK: Yes. I, you know, covered everything pretty well. GRAY: Okay. GURZAK: So you know, I did kind of, you know, tone down the color palette, make it more neutral, compatible and that kind of stuff. And you know, I feel it's pretty -- it's going to, you know, blend pretty well, actually, in that area. You know, it's -- the main color, it's pigeon gray. I mean, we've used it in, you know, four different HOAs have approved it in that, so. It's, you know, something that's been built -- been built in town, you know, pretty frequently by myself in the last couple years, so. GRAY: There -- is there, within the development there. I remember that parcel is in some sort of master HOA, some sort of master development -- GURZAK: Yeah, there's a, like, a commercial owner's association. GRAY: Have they commented on that elevations at this points? GURZAK: I haven't formally submitted to them. But I mean, you know, there is, the previous elevation with the other colors, there was, I mean, didn't seem like we were having any issues with the actual architectural style. You know, previous the color palette with the previous, you know, white and blue tones. GRAY: The more flatline architecture lends itself to the lighter, the lighter color scheme. GURZAK: Yeah. And you know, I mean, these pop outs on there, you know, because it's kind of, you know, bigger kind of wall planes. You know, to kind of break -- break it apart a little bit, too. And you know, having a different color also, you know, helps break those wall planes down. GRAY: Commissioner Corey. COREY: Yeah. So you know, I think it's a kind of a controversial topic, too. Whether we keep what the existing styles are or are kind of modernize the town a little bit. And I don't know where everybody kind of stand son that. But I'm definitely on the side where we start to make things look a little bit more modern. And I actually really like this design. I think the best way to enhance this would be to include more landscaping. But I like the simplicity, I like the style -- GURZAK: Yeah -- [CROSS TALK] COREY: -- I see some trees and grass. TOWN OF FOUNTAIN HILLS Page 68 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 68 of 75 GURZAK: -- the landscaping that's going to be on there. Those are just kind of -- just placements right now. COREY: So you have a unique, you know, a unique, you know a unique design here because you've got commercial on the first floor and residential on the top. So you want to try to make it blend with the both. And I'd say the more you can make it residential than commercial, probably the better. I see that you've got a variety of things in here. It's not just flat walls and windows. I'm seeing a lot going on, which is great. And then, I would just stay away from the colors, like, that aren't neutral or natural. GURZAK: Yeah, kind of like the, like the other -- COREY: -- reds or greens that we've seen in the past or that we see today -- GURZAK: Yeah. COREY: -- but I think that it looks good. And you know, you showed a few designs of buildings around the area. And they could probably use a makeover. So I tend to like the style and I think it looks good. GRAY: Commissioner Dempster. DEMPSTER: Thank you. I agree with Commissioner Corey. I do like the design. And I don't think we should go backwards and match when something hasn't been updated in over 20 years. It's very heavy and -- and I do think this would blend well and freshen up that area. That is a little tired looking over there. And it does need a little bit of face lift. So I think this is wonderful. Thank you for your work. GRAY: Commissioner Watts. WATTS: I'm almost afraid to make a comment. [LAUGHTER] GRAY: Tough crowd today. WATTS: Ah, heck with it. I, too, like it. I agree with Commissioner Dempster that, you know, the surrounding area is kind of old and staunchy. But I am curious, and this is probably for Farhad or John, but isn't there a color palette or some reflextivity measurement that has to be adhered to in building codes so that these have to be compliant with what is already existing? And that's why I'd be curious if it -- if they do, why was it rejected by the building department? GURZAK:: Yeah, actually the LRV on this it means 45. And this actually the brightest TOWN OF FOUNTAIN HILLS Page 69 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 69 of 75 color that they allowed in Firerock. WATTS: Well, not to be argumentative, but that's Firerock and we're Fountain Hills, so. GURZAK: Yeah, yeah. But I usually, given those colors -- you know, colors this bright and then, the last few years, that's change. WATTS: So John, what's the official words? What's the values that we look at an dis it compliant with that? Is that why it was declined? WESLEY: So I don't know anything about in the building code -- the Zoning Ordinance, Section 19.06, which is color materials, it just has some very general guidance on this. Choose colors that may do well with one another and surroundings -- down here it says avoid highly reflective materials including colors -- later, discourages dark colors. So we don't really have specific as I think you were talking about. WATTS: Is that regulated mainly by the property owner's association or the HOAs? WESLEY: It's in the zoning ordinance. WATTS: It is in the -- WESLEY: Right. WATTS: -- zoning? Because I know the neighborhood property owner's association has specific values and they won't let certain things -- WESLEY: Yeah. I don't think so. That's pretty -- doesn't have the same thing. That's pretty general here, as far as I know. WATTS: What was the grounds then, it was declined by staff? WESLEY: Well, it hasn't been declined, but when we were here at the -- for the special use permit hearing, we had similar elevations. There were some concern from the neighbors. I heard concern from the Commissioners. And I was having some concern personally with considering this to be compatible infill because it is so dramatically different than what's there. And so when it hadn't changed any based on those previous concerns, I wanted to come back and get some feedback from this group. If you're fine with it, then that's fine. We'll go ahead and finish our review. GRAY: Thank you. I generally concur with the other Commissioners. I tend to like it. I did not like the Park Place elevations that Commissioner Corey was alluding to, but I tend to like -- think it's risky, to go into that -- that enclave there and be the new anchor. But if you're going to go bold, then go bold and let's hope the rest comes along with you TOWN OF FOUNTAIN HILLS Page 70 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 70 of 75 over the next decade, so. GURZAK: Yeah, and I mean, I do have plans to, you know, try to get some of those other parcels in there and kind of, you know, kind of redevelop, you know, different buildings on there and that, so I mean, if and when that would be, you know, done or proposed, then, you know, kind of make it, you know, anything new built in there would kind of be the same -- same color scheme so it will all looks uniform. GRAY: Yeah. And I -- I also appreciate Commissioner's Corey statement on the landscape. I realize these are just naked elevations here, but -- GURZAK: Yeah. GRAY: -- that architecture -- GURZAK: Yeah. I think there's not too many -- not too much room for landscape, just because it's, you know, we're pretty close -- and that, but -- GRAY: -- just a couple strategically placed strategically placed, you know, larger boxes would really set that building off. So I appreciate it. I like it. Commissioners, any other -- Commissioner Kovacevic. KOVACEVIC: I'm the last person you want commenting on colors. GRAY: Want me to get the wheel out for you? Okay. WESLEY: Do I need a motion necessarily, or -- GRAY: Just general direction and feed back WESLEY: I have general direction. I've heard -- GRAY: Okay. WESLEY: -- the (indiscernible), but that's good. GRAY: Anything else, Commissioners? Oh, yeah, sorry. We do have public hearing. Paula, speaker cards? WOODWARD: Ed Stizza. GRAY: Thanks. STIZZA: Good evening again. So I've got a couple comments here. This is the perfect time to bring this up. I've talk to John about this before. Our painting ordinance, you did not talk about desert colors. Okay. I'm not even sure I want to debate on the architecture of this. Okay, it does not blend. So -- but that being said, you can also blend with colors. Okay? So if everybody likes the actual architecture of this and you feel it's going to TOWN OF FOUNTAIN HILLS Page 71 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 71 of 75 change the direction of that area, I get it. But the colors are a problem. Okay? When you have black accents, it's happening all over town. John brought a beautiful example up. The apartments, which I think Mr. Garzak was part of, I think, down at the, which -- you know which -- what's the name of that development? Gunsight. So -- so black -- UNIDENTIFIED SPEAKER: Those weren't mine. Those were somebody else's. STIZZA: Oh, were they, okay. UNIDENTIFIED SPEAKER: Yeah. Mr. STIZZA: Yeah, yeah. Sorry, I didn't mean to misspeak. But anyway it's the same type of thing. Those are black. They're black. Okay? So when we look at black in the desert, it is not conducive. It doesn't hold up. They fade. Look at the Luna Apartments. Look at every single painting project in town that is black. Okay? So now, this has black trim. But eventually the -- this is black, correct? UNIDENTIFIED SPEAKER: The accents, yes. STIZZA: Yes. So -- so these black accents are very contrasty. That does not blend with the town, nor does it blend with the ordinance. Am I correct? It did say desert colors, correct? Okay. So at this point in time, I really think this is a valid argument. We've been talking about aesthetic. We've been talking about architecture here. This thing -- looks like something that should be based on those colors down by the beach at Huntington. So I don't think we're in the right line with the color patterns. WESLEY: So the ordinance says, discourage exterior finishes if it's dark colors, except where appropriately utilized on trim. STIZZA: How do you fight it? I mean, [LAUGHTER] STIZZA: It's -- everything is so vague. I think those apartments down there look horrible. And this is one of the things I do for a living. And I can tell you right now, the black that is on those Gunsight Apartments is going to deteriorate faster than any other color. I don't care how well they painted it. So we're going down this path that we're going to have all black, white, and -- or I should say gray, black, with white stripes as we do where storage unit now behind Desert Vista. I ask you all to take a look at that building. That's horrifying. GRAY: Thanks Ed. TOWN OF FOUNTAIN HILLS Page 72 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 72 of 75 Mr. Corey? COREY: Yeah. So I think the point that he brings up is that the black is a hard to maintain because it will get faded by the sun. And someone who's speaking, I am an NPOA personally and I think I chose the darkest color they would allow me to paint my house, so I get that the dark colors are helpless sometimes. But would you -- I imagine you would have a plan to make sure that the colors stay consistent and maintain them regularly? UNIDENTIFIED SPEAKER: Oh, yeah. They're maintained well, so the color lasts, you know, quite a while. COREY: You said it's integral? UNIDENTIFIED SPEAKER: It's a synthetic stucco. GRAY: Synthetic stucco. COREY: Synthetic -- what is synthetic stucco? Oh, it's built into the -- okay. Thank you. GRAY: You need to go home. Okay. Commissioners, final comments? Good. DAPAAH: Well, I think there's also a preventative maintenance, right? When you're talking about -- GRAY: You could say that. DAPAAH: -- I think we discussed that before, prior, about just keeping things up. So what, in the desert every few years I just painted my home, repainted my home. I mean, it can be maintained and kept fresh looking. GRAY: Well there you have it. That's the end of that. All right. Enough confusing feedback, John? WESLEY: Yup. GRAY: Thank you. All right. Let's close the public hearing. And let's move up to agenda items -- well, I'm fine, let's go to agenda items 4. Consideration and possible action to approve the regular meeting minutes of Planning and Zoning Commission from February 13 -- WATTS: Don't we have to give some direction to the staff about whether we approve it or not or -- GRAY: It's too late now. TOWN OF FOUNTAIN HILLS Page 73 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 73 of 75 WATTS: -- it's done? GRAY: It's over. WATTS: Oh, the minutes are the same? We did it? GRAY: Yup. WATTS: I didn't hear myself say that, so I'm curious. GRAY: Happy birthday guys. Sorry. WATTS: Oh, okay. GRAY: Too late. COREY: So this is for the minutes? GRAY: Yes, this is for the minutes. COREY: Okay. I'll make a motion to approve the minutes -- GRAY: Thank you. COREY: -- from our February meeting. DEMPSTER: I second that. GRAY: In favor. ALL: Aye. GRAY: Okay. Sorry, John. I said we were going two and half hours and I'm just nine minutes short of three. So we'll move to agenda item 6. Public hearing, consideration and possible action to amend the zoning ordinance Chapter 6, Signs, regulations. John, on this one, I'd like to do a short presentation, public comment, and then probably going to look for a motion because all my notes are here and it said I've had enough. So presentation. WESLEY: So, yes, Chair, with that direction, I will probably just hit the first couple of slides to set the background and then leave the rest for a future presentation. But as we know, the Town Council has had some questions, concern, comments about our current sign codes. Some areas they think don't work well that cause some problems for our businesses. And so they've asked the staff and planning commission to take a look at some possible amendments. They have at their recent retreat provided staff some additional comments that they have in areas where they believe some improvements could be made. Staff then has been going through the code. We've identified a few things, given our experience TOWN OF FOUNTAIN HILLS Page 74 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 74 of 75 implementing the code over the last couple of years, we think that a couple of tweaks would be beneficial that we also want to bring up. And this has been advertised tonight and future meetings as we continue this as public hearings. So you and the public have opportunity also where you might see any need for improvements beyond what the Commission -- or the Council has suggested to direct staff in making modifications to an actual ordinance to bring to the Commission for recommendation and then on to the Town Council So that's kind of what we are about. And so form here I start getting into specifics of the ordinance. So I think I'll just stop there for this evening. See what public comments you may have and what direction you want to give after that. GRAY: Very good. Paula, do we have any speaker cards? WOODWARD: Yes, Chairman. One, Gene Selecta (phonetic). GRAY: Sorry Gene. SELECTA: Chairman, Commissioners, first of all I want to thank this commission. I was so impressed with all of you for your dedication, your volunteerism, and your thoughtfulness. I was very impressed. And, of course, always the town staff. As a former town planner and P and Z Commissioner, I really appreciate what I've seen tonight and other nights on the TV screen. But anyways, now, on the sign ordinance, old and current changes, there's much not that I like. But my concerns have -- really are three-fold. One, the town's single greatest asset, and what brought me here 20 years -- 27 years ago is it's unequal beauty and being so close to an enlarged metropolitan area as -- in the country, it's astounding. Misdirected attempt to serve a tiny part of our business community can only serve to damage that beauty. Second item is safety. Temporary signs, A-frame and T-frame, et cetera, should only be used in walkable areas where a person can actually read them. Going down Shea at 50 miles an hour can only create dangerous driving conditions, which I'm sure you already talked about, when someone's trying to read a six-square foot sing. Even Saguaro Boulevard creates risk at 40 miles an hour. As to driving risk, a sing blown in to Shae Boulevard or Saguaro at nighttime or even daytime. Also, be careful with the ADA stuff and senior concerns in general. When you allow TOWN OF FOUNTAIN HILLS Page 75 of 75 MARCH 13, 2023 PLANNING AND ZONING COMMISSION REGULAR MEETING Page 75 of 75 temporary signs too close to the curb, especially in the downtown diagonal parking area, you risk handicap people having difficulty getting on to the curb when they try to step up. Also consider the car bumpers that typically extend over the curb on to the sidewalk. Thirdly, property values. Certainly a community flooded with low-cost temporary signs on every arterial is a negative impact on property values. We need to be vigilant about that. What could be the impact on our property values. Is it $10,000? $50,000? Maybe $100,000. It's hard to say. One council member claimed last year that the temporary sign had a 40 percent impact on business. Well, I say that's nonsense. A dozen years go or more the town changed the ordinance to require businesses to take in those signs at the end of the day. I found a huge number stopped putting out their signs all together, period. Doesn't sound like a 40 percent impact to me. So I only ask that as you deliberate, you serve the 24,000 residents as well as business. Just read the very first sentence of the sign ordinance, which in part says, "To promote the general welfare by creating a more aesthetically appealing community." Thank you. GRAY: Thank you, Gene. WESLEY: So unless you have anything else that you'd like to hear from me this evening, I would suggest that if you could move to continue this to your April meeting as well as then, the other two items on your agenda. That way, we don't have to renotice them. GRAY: Yeah. That sounds palatable to me. So I'll go ahead and make the motion to table the balance of the -- of tonight's agenda. So that would be items 7, 8, 10, and 11 to our April meeting. Commissioners, is there a second? DEMPSTER: I'll second. Oh, sorry. Comment. GRAY: Okay. I'll throw 9 in as well, although that will be reagendized anyway. DEMPSTER: I'll second the motion. GRAY: In favor? ALL: Aye. GRAY: Thank you. We are adjourned. Thank you. [MEETING ADJOURNED] ITEM 5. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/10/2023 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 1 to follow wording in 2.02 regarding electronic application submittal. 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. 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. 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 electronically on the Town’s website 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. 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 6. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/10/2023 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 7. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/10/2023 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 8. a. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 04/10/2023 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 direction on possible text amendment to provide zoning allowances for tattoo and body piercing shops. Staff Summary (Background) Staff has received an inquiry regarding the opportunity to receive a business license for a tattoo shop.  This use is not currently listed in the zoning ordinance.  A couple of options are available to address the desired use. The Zoning Administrator can look for similar uses in the zoning ordinance and determine an appropriate district to allow this use.  This would likely result in this type of use being allowed by right in the C-2 and C-3 zoning districts. Another option is to process a text amendment to clearly define where the use can be allowed and under what conditions.  This option would be appropriate if it is believed there possible adverse land use impacts from this type of use that should be addressed through special requirements and/or approval of a Special Use Permit. Staff has looked at zoning ordinances for Mesa, Scottsdale, Chandler, Gilbert, Queen Creek, Peoria, Cave Creek, and Payson.  Most of these ordinances allow this use by right in most commercial districts.  A couple require approval of a conditional use permit.  A couple do not allow the use in their town center commercial area. Staff is seeking initial feedback and direction from the Planning and Zoning Commission regarding whether a text amendment is warranted to address this use.  If the Commission believes there are land use impacts that should be addressed through specific regulation, staff will place this on a future agenda with options for regulation. 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) N/A SUGGESTED MOTION Staff is seeking direction from the Commission, a formal motion is not required.