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HomeMy WebLinkAboutAGENDApacket__12-11-23_0530_542       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS PLANNING AND ZONING COMMISSION      Chairperson Peter Gray  Vice Chairperson Rick Watts Commissioner Patrick Dapaah Commissioner Clayton Corey Commissioner Susan Dempster Commissioner Dan Kovacevic Commissioner Scott Schlossberg      TIME:6:00 P.M. – REGULAR MEETING WHEN:MONDAY, DECEMBER 11, 2023 WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s Council,  various Commission, Committee or Board members may be in attendance at the Commission meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Commission are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT   The public is welcome to participate in Commission meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Executive Assistant prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Commission. Verbal comments should be directed through the Presiding Officer and not to individual Commissioners. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Executive Assistant prior to discussion, if possible.   REGULAR MEETING    REGULAR MEETING        1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE – Chairperson Gray     2.ROLL CALL – Chairperson 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 September 11, 2023 and November 13, 2023.     5.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: REZONE approximately 6.7 acres generally located at the southeast corner of Shea Blvd. and Technology Drive (site address: 16815 E. Shea Blvd) from C-2 P.U.D (Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to allow for development consisting of 316-unit, 4-story residential community.     6.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: REZONE approximately 22.5 acres generally located at the southwest corner of Shea Blvd. and Saguaro Blvd. (site address: 16825 E. Shea Blvd) from C-2 P.U.D –Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to Four Peaks Plaza PAD (Planned Area Development) to allow for removal of two existing freestanding monument signs and replacing them with two new freestanding monument signs of 20’(h) and 12’(h), respectively.       7.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.    8.SUMMARY OF COMMISSION REQUESTS from Development Services Director.    9.REPORT from Development Services Director.    10.ADJOURNMENT     CERTIFICATE OF POSTING OF NOTICE    Planning and Zoning Commission Meeting of December 11, 2023 2 of 3 CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Planning and Zoning Commission with the Town Clerk. Dated this ______ day of ____________________, 2023. _____________________________________________  Paula Woodward, Executive Assistant   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Commission with this agenda are available for review in the Development Services' Office.    Planning and Zoning Commission Meeting of December 11, 2023 3 of 3 ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/11/2023 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Paula Woodward, Executive Assistant Staff Contact Information: Paula Woodward, Executive Assistant Request to Planning and Zoning Commission (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission September 11, 2023 and November 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 September 11, 2023 and November 13, 2023.   SUGGESTED MOTION MOVE to approve the regular meeting minutes of the Planning and Zoning Commission September 11, 2023 and November 13, 2023. Attachments 230911 Meeting Minutes Summary  230911 Verbatim Transcript  231113 Meeting Minutes Summary  231113 Verbatim Transcript  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION SEPTEMBER 11, 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 September 11, 2023, to order at 6:00 p.m. and led theCommission 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 Dapaah; Commissioner Susan Dempster; Commissioner Dan Kovacevic; Commissioner Rick Watts Commissioners Absent: None Staff Present: Development Services Director John Wesley and Executive AssistantPaula Woodward. 3.CALL TO THE PUBLIC No one from the public spoke. 4.CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutesof the Planning and Zoning August 14, 2023. MOVED BY Commissioner Dempster to approve the regular meeting minutes of thePlanning and Zoning August 14, 2023, SECONDED BY Commissioner Corey.Vote: 7 - 0 Unanimously 5.CONSIDERATION AND POSSIBLE ACTION of appointing a Chairperson to thePlanning and Zoning Commission. MOVED BY Commissioner Watts to appoint Peter Gray as Chairperson, SECONDED BYCommissioner Dapaah. Vote: 7 - 0 Unanimously 6.CONSIDERATION AND POSSIBLE ACTION of appointing a Vice Chairperson to thePlanning and Zoning Commission. MOVED BY Commissioner Dempster to appoint Clayton Corey as Vice Chairperson,SECONDED BY Chairman Gray. Vote: 3 - 4 Commissioner Corey Aye Commissioner Dapaah Nay Commissioner Dempster Aye Commissioner Kovacevic Nay Commissioner Watts Nay Vice Chairman Schlossberg Nay Chairman Peter Gray Aye MOVED BY Commissioner Kovacevic to appoint Rick Watts as Vice Chairperson, SECONDED BY Chairman Dapaah. Vote: 5 - 2 Commissioner Corey Nay Commissioner Dapaah Aye Commissioner Dempster Nay Commissioner Kovacevic Aye Commissioner Watts Aye Vice Chairman Schlossberg Aye Chairman Peter Gray Aye 7.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance 23-04,repealing and replacing Zoning Ordinance Chapter 6, Sign Regulations. The following residents addressed the Commission Betsy LaVoieLarry Meyers MOVED BY Commissioner Dempster to recommend the Town Council approveOrdinance 23-04, repealing and replacing Zoning Ordinance Chapter 6, SignRegulations, SECONDED BY Vice Chairperson Watts. Vote: 7 - 0 Unanimously 8.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. 9.SUMMARY OF COMMISSION REQUESTS from Development Services Director. 10.REPORT from Development Services Director. 11.ADJOURNMENT Chairman Gray adjourned the Regular meeting of the Fountain Hills Planning and ZoningCommission held on September 11, 2023, at 7:56 p.m. PLANNING AND ZONING COMMISSION 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 September 11, 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this day of September 21, 2023. Paula Woodward, Executive Assistant Vice Chair Rick Watts TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 1 of 61 Post-Production File Town of Fountain Hills Planning and Zoning Commission Meeting Minutes September 11, 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 SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 2 of 61 CHAIRMAN GRAY: Good evening. I'd like to call this meeting to order. This is the September 11th, 2023, meeting of the Fountain Hills Planning and Zoning Commission. If you would please rise for the pledge of allegiance and a moment of silence. [Pledge] CHAIRMAN GRAY: Ms. Paula, roll call please. WOODWARD: Commissioner Corey? COREY: Here. WOODWARD: Commissioner Dapaah? DAPAAH: Present. WOODWARD: Commissioner Dempster? DEMPSTER: Here. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Here. WOODWARD: Commissioner Watts? WATTS: Here. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Here. WOODWARD: Chairman Gray? CHAIRMAN GRAY: Here. Thank you, Paula. Agenda item 3, call to the public. Paula, do we have any open call speaker cards? WOODWARD: No, Chairman. CHAIRMAN GRAY: Thank you, Paula. Number 4, consideration, and possible action to approve the meeting minutes from the August 14th, 2023, venue. Commissioners, any discussion, or a motion, please? DEMPSTER: I'd like to make a motion. CHAIRMAN GRAY: Um-hum. DEMPSTER: I move to approve the regular meeting minutes of Planning and Zoning Commission August 14th, 2023. COREY: Second. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 3 of 61 CHAIRMAN GRAY: Motion to approve and a second. All in favor? ALL: Aye. WOODWARD: Seven-zero. CHAIRMAN GRAY: Thank you. Agenda item 5, consideration, and possible action to appoint a chairperson to the Planning and Zoning Commission. I guess first we'll start off with Commissioners, those that have an interest in the position of Chair. WATTS: I think you're it. CHAIRMAN GRAY: Nobody else? Okay. Then in relation to agenda item 5, do we have a nominee for the position of chair? Commissioner Watts? WATTS: I nominate a person by the name of Peter Gray. DAPAAH: I will second that. CHAIRMAN GRAY: Commissioner Watts has made the nomination. Commissioner Dapaah has seconded. Paula let's do roll call, please. WOODWARD: Commissioner Corey? COREY: Aye. WOODWARD: Commissioner Dapaah? DAPAAH: Aye. WOODWARD: Commissioner Dempster? DEMPSTER: Aye. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Aye. WOODWARD: Commissioner Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Aye. WOODWARD: Chairman Gray? CHAIRMAN GRAY: Aye. WOODWARD: Seven-zero. CHAIRMAN GRAY: Thank you, Paula. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 4 of 61 Agenda item 6, consideration, and possible action -- I guess there's no -- why is there possible action, John? It's just action, right? Consideration and action to appoint a vice chair to the Planning and Zoning Commission. Commissioners, those that have interest. DEMPSTER: Or a motion. CHAIRMAN GRAY: Commissioner Corey, Commissioner Watts, Commissioner Dempster? DEMPSTER: I wanted to make a motion. CHAIRMAN GRAY: Are you sure? It's the -- DEMPSTER: I am -- CHAIRMAN GRAY: -- last chance to stay in. DEMPSTER: I had my turn, thank you. CHAIRMAN GRAY: Well, all right. So, Commissioners seeking the nomination are Commissioner Watts and Commissioner Corey. It's rare that we have two. We thought we might have two tonight. Let's just do 60 seconds or less reasons for seeking nomination and then we'll look for a nomination from the rest of the Commission. Commissioner Corey? COREY: Sure. All right. Thank you, Chair. Well, I would like to continue to contribute to the change. And just wanted to make sure that I offered my service to step up if the need was there and help shape the future of the Planning and Zoning Commission. Also, I think it's an important role to help influence others. You know, I'm a graduate from the Leadership Academy, and I want to be able to have them see that there's a diverse group of people up here that can help lead the Planning and Zoning Commission. Personally, for personal growth, of course, skill development, a sense of accomplishment. And also, you know, I think the unique part that I bring to the table is diversity of style, have inclusive personality, foster a sense of belonging, you know, as you do as well, but I think it's important to make everyone feel welcome and that they're a part of this team. So that's what I would bring. CHAIRMAN GRAY: Thank you, Commissioner Corey. Commissioner Watts? WATTS: Thank you, Chairman Gray, for the question and the opportunity to present my TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 5 of 61 qualifications. First off, is 40-years-plus as a contractor, business owner, and as well as 35-year member of the town of Fountain Hills. So been here a long time, seen an awful lot. Second, I've got an extensive background in management, business, finance, and goal setting, and accomplishment of those goals, planning, and project management; all the things that are related to planning and zoning, the things that we normally see that are presented to us. Third, I've got a deep understanding of the roll of Planning and Zoning, what we're expected to do, how we're supposed to protect the interest of the public, and how we go about that. Not always in the easiest and less painful way, but that's the goal of the town. And my background lends itself to being strong enough to ask tough questions of any applicant and to help find solutions that are in the best interest of the town and town residents as well. So those are the qualifications that I think I bring. And my focus, in addition to that, will continue to be on the residents, the best interest, the things that serve the town, and the residents as well. So thank you. CHAIRMAN GRAY: Thank you, Commissioner Watts. Commissioners, any questions of the two possible vice chairs? Or if not, we'll seek a nominee from the Commission. KOVACEVIC: I'll nominate Rick Watts. CHAIRMAN GRAY: Commissioner Kovacevic has nominated Commissioner Watts. Is there a second to that nomination? DAPAAH: I like both candidates but if we were to pick one, I would also say Commissioner Watts has an extensive background and has shown extensive knowledge in land use, and what we do. And so I would go with Watts as well. CHAIRMAN GRAY: So that's a second for Commissioner Watts? DAPAAH: Yes. CHAIRMAN GRAY: And is there a nomination for Commissioner Corey? DEMPSTER: Yes. I'd like to nominate Commissioner Corey. He does have seniority. I believe he's been on the commission a little longer and I think that's important. And I've TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 6 of 61 seen him in action in other areas in Fountain Hills. Are you on the Sanitary District -- COREY: Yes. DEMPSTER: -- board? And I think he is very modest and has not conveyed some of the other positions that you've held and things that you've done. So but I do think you have a lot of experience as well. CHAIRMAN GRAY: Okay. Commissioner Dempster has made a nomination for Commissioner Corey. Is there a second to that nomination? It's very odd that we have two nominees. I'll go ahead and second the nomination for Commissioner Corey to keep the proceedings in order here. Based on seniority, we'll first do a roll call vote for Commissioner Corey. And if successful, Commissioner Corey, based on that seniority, would be appointed. If that vote is not favorable, then we will proceed to a roll call for Commissioner Watts. Paula? WOODWARD: Commissioner Corey? CHAIRMAN GRAY: Are you going to vote for yourself or not? COREY: Aye. WOODWARD: Commissioner Dapaah? DAPAAH: I'm a little perplexed as to what it is that we're voting on. CHAIRMAN GRAY: Based on Commissioner Corey's seniority on the Commission, we're first taking up his roll call vote to be appointed for vice chair. If his roll call vote is not four to three or greater, then we'll take up a roll call vote for Commissioner Watts. Again, it's just solely predicated on the seniority. WOODWARD: Commissioner Dapaah? DAPAAH: Nay. WOODWARD: Commissioner Dempster. DEMPSTER: Aye. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Nay. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 7 of 61 WOODWARD: Commissioner Watts? WATTS: Nay. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Nay. WOODWARD: Chairman Gray? CHAIRMAN GRAY: Aye. Four to three against? WOODWARD: Three for and four against. CHAIRMAN GRAY: Okay. On that basis we will take up a roll call vote for Commissioner Watts to be appointed to the position of Vice Chair. WOODWARD: Commissioner Corey? COREY: Nay. WOODWARD: Commissioner Dapaah? DAPAAH: Ya. WOODWARD: Commissioner Dempster? DEMPSTER: Nay. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Aye. WOODWARD: Commissioner Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Aye. WOODWARD: Chairman Gray? CHAIRMAN GRAY: Aye. WOODWARD: Five-two. CHAIRMAN GRAY: Okay. Thank you, Paula. It's an interesting way to get to a conclusion but hopefully a fair one. Onto the main event, agenda item 7, public hearing, consideration and possible action on Ordinance 23-04 to repeal and replace the Zoning Ordinance Chapter 6, signage TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 8 of 61 regulations. John? WESLEY: Chairman, Commissioners, good evening. Good to be with you this evening. And hopefully let's take out the possible action and let's take action tonight. We'd really like to get this on to Council, so hopefully we can come to conclusion. Not that I'm trying to rush anything, and certainly the Commission can continue to take as much time as you need. But just quick background. Again, Town Council has asked staff and the Planning Commission to consider possible amendments to the sign ordinance, and the Council believes that there are some areas that can and should be modified to better meet the needs of businesses in the community. And the Commission has previously reviewed the draft language and provided feedback and discussion to Council at a couple of previous meetings. So again, the Town Council's goal has been to primarily increase options signage for businesses. What I've heard from the Commission primarily over the last couple meetings is a concern for too much sign clutter. Staff's role in this has been to try to hear what the Council and the Commission is looking for and things we hear from the public. As staff, we don't care if it's more signs, bigger signs, smaller signs, fewer signs, different kind of signs, we're just trying to hear what the community is looking for, what the Commission is looking for, and try to put that in to a legible, enforceable, and understandable ordinance. And so with taking what we've heard previously and supply to you a draft ordinance that we hope has gotten there. If not, hopefully we can figure out where those other changes might be needed this evening and get to a successful conclusion. What I would like to do first this evening is just go through each category where signs might be used and make sure we understand what the code as modified, and drafted, and presented to you would allow, and then we'll talk about a few other questions, and, if necessary, we can go into the individual actual changes that are being proposed. So to start with permanent signage allowed for commercial industrial signs or TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 9 of 61 commercial and industrial developments. Just want to make one statement up front. The previous ordinance, prior to the amendment we did a year or so ago, had aggregate maximums on the number of signs. We took that out. And so that's not in the code today and won't be in the code going forward unless you make some change. So as we look at each of these types that are allowed it's not that you get one or another, a business could have all of them if they so choose and it fit on their property. So a business could have a awning sign at one square foot per foot of frontage, a building wall sign, drive-thru sign, freestanding wall/fence sign, hanging/under canopy sign, monument sign, onsite directional, projecting, window signs. So those are the sign types and basic sizes allowed as permanent signage for commercial industrial property. Any questions about those basic allowances for permanent signs? WATTS: One quick question, John. WESLEY: Yes. WATTS: Are the window signs, do they require the same type of a permit that a fixed sign, a monument sign, it permits a permanent? WESLEY: I'm going to say yes. I can't recall that we've had any window signs as permanent signs come in. UNIDENTIFIED SPEAKER: I think on one -- oh, no. I was -- WESLEY: But we would -- UNIDENTIFIED SPEAKER: -- expecting another question. WESLEY: It doesn't need a building permit per se, but that's the only way we'd be able to tell them that, yes, you meet your 50 percent requirement. WATTS: Okay. WESLEY: That'd be the only thing we'd be looking for. WATTS: But they have to apply for and get a permit? WESLEY: Yes. I don't think -- I don't know anything that would exempt them in the code. Maybe look at that a little closer, but I don't know an exception. WATTS: Do they just post that permit number on the front of the window then, somewhere on the window? Is there a specific place to post it? TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 10 of 61 WESLEY: So once a sign is constructed, there would be no need to post a permit anywhere. WATTS: Except for compliance. WESLEY: Right, yeah. I mean, initially they'd apply for it, it'd get issued, it'd have a permit number. At some point they would have the sign installed and request inspection. We'd go see that, yes, it meets what was approved and they'd be done. There'd be no ongoing reason to post the permit. WATTS: Okay. Thank you. WESLEY: No other questions there, we'll move onto temporary signage allowance for commercial and industrial. So A-frame, T-frames, one per entry with a maximum of two. One sign, six-square feet. If you have two signs, aggregate of nine. So a six and a three, a five and a four, and whatever, as long as meet aggregate of nine. Allowed in the right of way adjacent to commercial, including Shae. Not on sidewalk except for in the Town Center pedestrian area and those in the right of way sunrise to sunset. Could have balloons. Could have banners. This has been one of the talking points about how long you can have the banner. And so the latest proposal is a maximum 150 days per calendar year, maximum of 30 days at a time. So you could do that 30 days, five times a year. You could do 12 days, 10 times a year. 12 day -- anyway. Whatever the combination you want. And they still have in there the provision if that's not enough, you can apply for the temporary use permit to consider allowing it there's something unique to give you additional beyond that. And the other one that we've talked about that you may want to, again, revisit as we talk about it now, is the new business. We talked about half a year to a full year. I've gone ahead and included the full year. It can be switched out but they must be maintained per the requirements for maintaining a sign. I know that had been one of the concerns before it gets tattered and torn over a period of time, and if that's the case, code compliance can tell them they need to get it replaced, repaired. So are we good with the one year or want to go with less than that? CHAIRMAN GRAY: I was just going to -- I'm fine with the one year. But is there -- I hate TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 11 of 61 that we're even having this conversation. Is there a loophole in that to get to one and half years if you get into that second calendar year and go for 150 days on the back of your inaugural year? WESLEY: So yes. So you go through your inaugural year, then you're next year, you're allowed 150 days. You couldn't do it all at once 30 days at a time. CHAIRMAN GRAY: And then -- WESLEY: You would have to -- CHAIRMAN GRAY: -- do we define -- we don't define year by January 1, December -- WESLEY: Not -- CHAIRMAN GRAY: -- 31, right? It's -- WESLEY: Correct. CHAIRMAN GRAY: Okay. WESLEY: But for the new business one year, it would be from when they get their business license and/or erect the sign after that point for a year. CHAIRMAN GRAY: Okay. WESLEY: But the other one, the 150 days, that is based on a calendar year. CHAIRMAN GRAY: Commissioner Watts? WATTS: Commissioner Gray, John, I'm confused because are we going through as we do in the chapter itself by section or are we looking at each of these individually kind of exclusive? I took it and put everything by chapter. WESLEY: Okay. WATTS: So we jumped all of a sudden to section -- where in the heck did it go -- to section A-4. Should we ask questions as we go here or are we going to continue to go through by section number? WESLEY: So Chairman, Vice Chair Watts, my plan here this evening was to first go through and make sure we have an understanding what the code allowances are just across the board for all the signs, and then as necessary we can go into the detail of each sign type and go through each of the actually changes. I do have those slides available below here. But this would be a good place initially to bring up questions and TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 12 of 61 comments if you have them. WATTS: Okay. In that case then I think that the one year has to be determined -- is it going to be determined by when they start construction because a banner goes up at that point? Is it when they get a C of O? Or is the business license, when they get that? Because they may get a business license but not actually conduct business, per se, until the building is done, or the tenant improvement is done. So what's the trigger on those? WESLEY: Trigger is a business license for new business at that location. WATTS: So if they waited 90 days for construction, then they're going to be reduced to 60 days for the banner to be in place? WESLEY: If they applied for their -- so they have to have a new business license, and then that allows them then the year because it's new business, but they would apply for the actual banner permit that allows them that year whenever they're ready to put up the banner, and they'd get a year from that point. WATTS: They get a year from the time that they apply for the business license? WESLEY: From the time they apply for the banner permit. WATTS: The banner permit. WESLEY: Right. WATTS: And when they start using that permit, they've got one year -- WESLEY: Correct. WATTS: -- from that point? WESLEY: Correct. WATTS: Or 150 days within that year? WESLEY: For the new business license, a solid full year, 365 days. WATTS: Okay. CHAIRMAN GRAY: Is your concern the coming soon sign? WATTS: Yeah. I mean, there -- WESLEY: But that's -- WATTS: -- there's a variety of them, sure. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 13 of 61 WESLEY: -- but that's why it allows it to be switched out. The first sign they put up for a month or two is a coming soon sign, then take that down and put up, okay, it's just a business name because now they're past that -- CHAIRMAN GRAY: I think his -- WESLEY: -- coming soon sign. CHAIRMAN GRAY: -- his point is, though, inevitably coffee shop X is going to be coming soon long before their business license is in place, theoretically, right? I mean, they're going to want that 120 day -- maybe not 120 -- let's say 90 days ahead of license, or is the license process generally more accelerated? WESLEY: The license typically doesn't take very long. Matter of a few days usually. CHAIRMAN GRAY: But if it were a coffee shop, can they actually solicit and receive a business license before they have a certificate of occupancy? I think generically we're just -- WESLEY: I don't believe so. CHAIRMAN GRAY: No. So then they would be disenfranchised to some degree by not being able to advance advertise their business through this -- WESLEY: Well, they could use that part of the 150 day. CHAIRMAN GRAY: Not if their trigger is the -- unless you're allowing them to backdate the start of their timeclock. If I understood it right, the day zero on their clock is business license issuance. If they can't obtain that business license until they achieve substantial completion or certificate of occupancy, then they've lost out on that window preopening to say coming soon, coming March of 2024, or whatever. WESLEY: So from that, the property is drawing on that 150 days of the calendar year to do anything prior to the one year they get once they get the new business open. CHAIRMAN GRAY: I see. Okay. Okay. WATTS: I'm wondering if we shouldn't just make it clearer that it's from the certificate of occupancy that's going to -- WESLEY: But it's not necessarily a new build. WATTS: Well, but even a tenant improvement requires a C of O when you treat -- TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 14 of 61 WESLEY: You might not even have a tenant improvement. If it's just a new business in an existing retail space, they might just move in. WATTS: I just don't want to short circuit the whole process either and to, you know, penalize somebody unintentionally. WESLEY: Right. WATTS: Because when you start -- and my focus is really on if I took one of the facilities that we've got all fenced off, and you've got this plethora of signs that we really don't have a lot of control over, but they pepper the fence with signs from every contractor that's on that site for advertisement purposes. I don't know that we address those, and I don't know that the owner of that business is going to be disenfranchised by having those signs up, or are they? WESLEY: So section 6.08 B is signs for property under construction. And there's an allowance there for those temporary signs that would go on the fence -- WATTS: Okay. WESLEY: -- or whatever for those contractors. So that's separate from any of this allowance. WATTS: As long as we don't do any harm, then I'm okay with that. CHAIRMAN GRAY: Commissioner Dempster? DEMPSTER: Maybe just a clarification, John, just to further -- in the miscellaneous requirements under subsection III, item 2, it says one year from the date the business opens. So maybe one year from the date of the banner application; would that clarify? WESLEY: Possibly. But again, it's the timing in the individual case. Somebody might get their door unlocked, and start the business, and not be ready to put up their sign for a few days, but might've -- DEMPSTER: But they'd have to -- WESLEY: -- ordered the sign. But -- DEMPSTER: -- apply? WESLEY: -- but when they -- DEMPSTER: Excuse me. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 15 of 61 WESLEY: -- when they apply, they tell us what date they want to start with the sign and then it'd be one year from that date that they would -- DEMPSTER: So you'd work with the business. It's not -- I think Commissioner Watts is trying to protect that business that's looking for the different stages of coming soon versus, you know, we're here and we changed hours or something; is that -- WATTS: Or you've got pre-grand openings and -- DEMPSTER: Yeah. WATTS: -- yeah, all sorts of things, so you've got a variety of signs that could go up. DEMPSTER: Um-hum. WATTS: Add do those -- are they a trigger event, is what I'd be concerned about? WESLEY: So again, do you think the 150-day allowance per calendar year, that could be used in addition to this, would cover it? WATTS: I'm okay with the 150 days in a calendar year, 30 days at a time, and the change. I just don't know what starts that one-year period, and I think that's where we need something of a qualifier that causes that event to start. WESLEY: And it does say from the date the business opens. That is how it is in the code. So hopefully an applicant would properly time their application and the posting of the sign based on when they're going to open. But we could congest that if there's some other language that works better. WATTS: Well, I certainly don't want to whole the evening up talking about this particular issue, so I think this is going to be one of those situations where let's see how it works because we can always come back and amend it later -- WESLEY: Um-hum. WATTS: -- if need be. WESLEY: Sure. WATTS: Either strengthen it or weaken it, whatever, because it may not be sufficient. I'm sorry. CHAIRMAN GRAY: You can come back -- WATTS: You know -- TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 16 of 61 CHAIRMAN GRAY: -- to your own peril, Commissioner. We're not coming back. WATTS: I get it. But I thought there was an easy answer but clearly there's not. So thank you, John. CHAIRMAN GRAY: So John, before you leave it -- WESLEY: Yes. CHAIRMAN GRAY: -- and I hate to go the other side of this. But I don't recall language anywhere that ties a scenario like this down to needing to have the site already improved, right? So could I buy a vacant commercial lot and stand a sign up for 150 consecutive days, or do I need to have improvement on the site to do that? I do. WESLEY: Yes. CHAIRMAN GRAY: Where is that referenced back? How do we tie that down? Because I couldn't find that. I'll accept it if you say -- if you say it's in there, I'm good and we can move on. I just wanted to double check it. WESLEY: So 6.08 B, temporary sign allowance for construction on undeveloped property. So I guess if I'm a vacant lot over here off of Verde River or wherever, certainly that vacant lot's going to have a post and board sign on it because you're trying to sell it. CHAIRMAN GRAY: Um-hum. WESLEY: And they might put a yard sign on it to help attract. So you can have signs. Bigger signs or (indiscernible). CHAIRMAN GRAY: But if I wanted to put a big sign that said medical office building here, build to suit, type of thing? WESLEY: So to have the bigger ones that you sometimes see with properties like that, the code currently says you need to be at least five acres in size, I believe. Turn back to that. So if that should be smaller, we can certainly make that smaller. Here we go. Maybe that's a different section. So maybe it doesn't have a size here. Okay. That's elsewhere. So this one, like I said, is up in the post and board signs. Post and board signs is the one that says they have to be 5 acres or larger to have a 32-square-foot sign. So we can make that smaller if you'd prefer to cover any size vacant parcel. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 17 of 61 CHAIRMAN GRAY: I suppose I'm indifferent. WESLEY: Which is -- CHAIRMAN GRAY: What I was just trying to avoid is we can't control the messaging on the sign if you got a vacant plot. WESLEY: Um-hum. CHAIRMAN GRAY: 150 days a year you could throw up a pretty significant message. WESLEY: Yeah. You can put a post and board sign up there permanently, put a yard sign there permanently. CHAIRMAN GRAY: Okay. Well, I'm willing to move on. WESLEY: Which brings us to post and boards. And I guess I didn't include vacant piece on here, we just don't see that very much. But again, temporary commercial and industrial. Post and boards, one per street front, six square feet, eight feet tall. Allowed in the right of way. Sign walkers are allowed. Window signs, 50 percent of the window. Yard sign, eight square foot, five foot tall. As I was going back through this after sending it out, I realized it had not included the same sunrise to sunset provision in here that was intended and so I've added that into this section. So those yard signs, commercial areas except Shae. Questions on the temporary sign allowance for commercial and industrial? DEMPSTER: Not on the commercial but you did have flags on the -- WESLEY: Um-hum. DEMPSTER: -- previous and we didn't speak about that. I do have a questions because I've seen flag poles with uplighting. And being a Dark Sky community, would it make sense to put a notation about -- or you know how you have notations back to other parts of the ordinance, to put a notation to the Dark Sky rules about uplighting because -- WESLEY: Yeah. DEMPSTER: -- I think traditionally people upplight flags and -- WESLEY: We could look at that. DEMPSTER: Just a thought. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 18 of 61 WESLEY: Okay. Multi-family permanent sign allowance. CHAIRMAN GRAY: John, was that -- WESLEY: Yeah. CHAIRMAN GRAY: -- was that 6.07, John? Or am I too far into this? WESLEY: Excuse me, for what? CHAIRMAN GRAY: The temp commercial that you just left there? WESLEY: So those would really all be in 6.08. CHAIRMAN GRAY: 6.08? WESLEY: Yes. That's where you'll find all the detail. CHAIRMAN GRAY: So is it 6 -- where are the election corridors, are in 6.07 or 6.08? WESLEY: Well, so 6.07 has I think that type of language that you may be looking for there. CHAIRMAN GRAY: Are we going to circle back to that one in the presentation? WESLEY: Well, yes, we will. We'll get there. CHAIRMAN GRAY: Okay. All right. WESLEY: Yeah. CHAIRMAN GRAY: I'll wait then. WESLEY: Okay. Because it did come up. Okay. WATTS: Sir, I do have a question about 6.07 while you're on -- CHAIRMAN GRAY: Commissioner Watts? Well, John said we're going to come back to 6.07. WATTS: Oh, we are going to come back to 6.07, okay. WESLEY: We'll see if we get to the question you have in 6.07 but I've got all of it here. We've got 50, 60 slides, so. WATTS: Okay. WESLEY: So multi-family. Permanent signage allowance, awning/canopy signs, building wall signs, free standing wall signs, monument signs. Any questions, needs for permanent signage for multi-family? WATTS: A comment on the hanging signs under the walkways and so on. The bottom of TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 19 of 61 those signs being eight feet, I know that I like to jump up and touch signs. So this is my bad. Should they be that low or should they be higher? And I think my preference would be they'd be higher so people aren't jumping, hitting the signs, they're a temptation for people. CHAIRMAN GRAY: What's your vertical jump? WATTS: Better than -- enough to get to eight feet. KOVACEVIC: You still got those kind of height? WATTS: A volleyball court, I can block. So that's an eight-foot net. Do we have any practical data to support the eight-foot height? Because my opinion is just that. I know that I can reach eight feet and it's a temptation for kids and others. WESLEY: So it's been too long since I've looked at the old, old code. WATTS: Um-hum. WESLEY: We didn't change many of those types of standards. So I suspect that's what has been the standard for a period of time, but I'd have to go back and verify that. I don't know that we've issued any of that type of sign -- WATTS: No issues? WESLEY: -- in the last four years, issued any sign permits for that type of sign. I've not heard of any issues or any concerns, property owners coming back and saying, oh, people keep hitting my sign and I want to change it. But -- WATTS: Well, they hit it, they put sticky stuff on it, and they put labels -- WESLEY: Yeah, right. WATTS: -- and it's a temptation when it's -- WESLEY: Sure. WATTS: -- that low, so. WESLEY: Sure. WATTS: Just -- WESLEY: So again, whatever the Commission wants to do, 10, 12 feet, we'll do whatever you want to do, but I don't know if there's been any problems with 8. WATTS: Okay. Thank you. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 20 of 61 WESLEY: Okay. CHAIRMAN GRAY: You're on an island on that one. WATTS: I know. That's okay. CHAIRMAN GRAY: Okay. WESLEY: Permanent signage multi-family. Again, any questions, comments, concerns about that allowance? Hearing none. Temporary signs for multi-family. So again, A-frames as directional only. Same size. Right of way. When used as a residential directional, can have one on property and then five additional. If you're a 20-unit or more complex you could have then a banner sign, and again the same allowances for the number of days. And again, the flagpole allowance. Post and board allowance. And the yard signs. We had some discussion last time about how to handle condominiums. I proposed something a little bit more than this. Commission didn't seem too thrilled with it but I still felt like on the smaller ones, the two and three units where you really just have a couple of owners that can work together, hopefully, if they have that signage, need to leave that allowance in there. Questions on temporary allowance for multi-family? Then -- CHAIRMAN GRAY: Mr. Watts? WESLEY: Whoops. WATTS: Help me understand. I see the two to three for two per unit and I see the over 20. Is there a gap between 4 to 19 that we don't cover? WESLEY: So this one in terms of the banner, so -- WATTS: So this occurs a couple different places where we talk two to three and then go -- WESLEY: Right. WATTS: -- jump to 20, so. WESLEY: Right, right. And so but there are different sign types, it's not the same sign type. And so before I had suggested maybe some more allowance for condominiums. The concern here, if you remember back to our discussion couple months ago, when TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 21 of 61 you're in a condominium you own the inside of your unit but the ground is owned in common. And so when we base an allowance on a lot in that residential setting, there's one lot, and so you've got actually two owners. If they're limited to just the same two signs total, that one lot's allowed, that seemed to be a little bit restrictive. And in those smaller lot situations for the yard signs we ought to allow each owner to have a little bit -- have the same rights as a individual property owner might have. And so but once you got beyond three units, based on some discussion here, it seemed like, okay, starts to get too confusing, the association's probably going to have more control over what's going on in that common area, and so forth. So that's why it's limited to two or three there. But the 20 for the banner sign, again, that's a number I pulled out of the air. You want that higher, you want it lower, fine with that. But smaller apartment complexes didn't seem to have the same need for a banner sign as a larger complex. WATTS: I think this is the same situation where I just want to make sure we don't disenfranchise somebody that's in the 4 to 19 and somebody in code enforcement says, well, you can only have two, or you can have more, or whatever the case may be. So if your comfortable that there's no infractions today, then I can accept that. WESLEY: See, I have no idea if there are infractions today or not. There could be some out there, but again, we're talking two different sign types. WATTS: Right. But either one could apply to that window between 4 and 19 regardless of the sign type because it's referenced a couple different places throughout the chapter. And it just seemed like there was this void where they weren't addressed. And maybe it's I didn't read it thoroughly enough. After so many hours you get tired of reading this stuff, right? WESLEY: Um-hum. WATTS: It's lengthy. WESLEY: Anybody else have a concern or question here? Do we need to explore that further? DEMPSTER: Just to talk it through. In the past our traditional apartment complexes TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 22 of 61 have been quite large but recently the more newer apartment complexes for rent are smaller like on the corner of Saguaro and Gunsight, what is that, nine? WESLEY: Nine, um-hum. DEMPSTER: And then El Lago. So -- WATTS: There's a couple of sevens out there. DEMPSTER: -- potentially, you know, our newer -- and we've approved some newer -- WATTS: Um-hum. DEMPSTER: -- ones that are smaller than the large. So and this is for the use of the complex owner -- WESLEY: Right. DEMPSTER: -- Right? Yeah. WESLEY: Yeah. So if you'd like to bring that down from 20 to -- DEMPSTER: Nine. WESLEY: -- to 9, or 5, or whatever number you want to bring that down to, because I pulled 20 out of the air. DEMPSTER: I think I'd like to see it brought down because of our newest complexes and ones that we've approved recently. WATTS: I'd like to do the same thing. I'd like to take away the ambiguity between 3 and 20 and close that gap. So either take 3 up to some number and then 20 down to some number, and maybe it's 10 so that we capture the 7's and the 9's that we just recently approved regardless of ownership. It would take some of that ambiguity. So would you be okay with taking the 2 and 3 up to 10 and the 20 back down to 11? DEMPSTER: Well, we're talking about banners. Can you go back one slide? Okay. WESLEY: Whoops. I go -- DEMPSTER: Thank you. So if 20 or more units. So less than 20 units, they would not be allowed a banner? WESLEY: Correct. So if you'd like to -- I heard bring that down to 9. Is that consensus of the Commission? We can do that. CHAIRMAN GRAY: Be allowed a banner above 9; is that what you're proposing? TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 23 of 61 DEMPSTER: Um-hum. Nine or more units. WATTS: I would support 9 or 10. I don't think a banner is appropriate in a small 7 to 9, that's why I went to 10. 32 square feet is big. Where are they going to put it? Whose back yard? Whose driveway? So I don't think that works there, but in the over 10 there should be enough room. I'd be fine with that, either 9 or 10. KOVACEVIC: We just approved seven units. They're 18 feet wide, so 32 feet wouldn't even be across two units on that seven-unit building. So it's not that big. I mean, it was 2 by 16 instead of 4 by 8. It's still -- WATTS: Want it on your patio? KOVACEVIC: Well, it's going to -- DEMPSTER: Or if they -- KOVACEVIC: -- be while the building's under construction and while they're leasing. It's a for-lease sign. I mean, that's when you're going to have the banner. WATTS: It doesn't say that though. It says 150 days a year and you can change the content. KOVACEVIC: In a tenancy scenario you have no control of that. WATTS: Right. KOVACEVIC: How about we don't allow anything? WATTS: You're saying not allow any under 20? I mean, there's a lot of properties -- a lot. There are properties that have renovations going on, new, newly remodeled, and they put banners up, and they have the space to support the properties or the banners. CHAIRMAN GRAY: I think we're in that zone of trying to accommodate more than we reasonably need to accommodate with a signage ordinance. I think your point is if you have 10, 15, 20 units, you probably have a perimeter structure that a sign could be mounted to. It's not necessarily direct affixed to the units of the building. You get to that economy of scale when you start to get into the upper teens and 20's. That's probably why that threshold is there is to facilitate, you know, your reservation there. When you get down to ten and nine, you're talking about a complex that has no accessory structures, no accessories in the form of a perimeter, et cetera. It's just a TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 24 of 61 building. So you're talking about affixing that, you know, to the building. I don't know if that's appropriate or not but WESLEY: Chair, they'll typically have a landscape set back that it could go in as long as they don't damage any landscaping. WATTS: Could you put it in the right of way as well? WESLEY: Not in the right of way but it can be, again, in that landscape area adjacent to the right of way. CHAIRMAN GRAY: But nobody's going to do that. They're going to affix that to the building. WESLEY: They will most likely. DEMPSTER: So for signage in this multi-family they have currently under 20 units they have the A-frame ability, they have the flag. WESLEY: A-frame as a directional only. DEMPSTER: Okay. So for signage, can you go to the next slide please? So they do have post and board -- WESLEY: And yard signs. DEMPSTER: -- and yard signs. WESLEY: Um-hum. DEMPSTER: So they do other options. I'm just -- WESLEY: So again, this gets tricky. So the post and board, or excuse me, the A-frame is a yard sign, so you're going to have an open -- it's getting ready to open, so have an open house a weekend, and they put out the sign, and lead people in. They can do that because we really can't control the content of what's on those signs, they could actually be doing that more frequently than that. DEMPSTER: Um-hum. WESLEY: But that could then be used for a newly opening complex. WATTS: One last comment, maybe. Why can't you have a banner sign in the right of way as depicted in the picture that we've got where it shows two posts and a banner sign stretched between those two posts? What's the difference between a post sign in TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 25 of 61 the right of way and a banner sign with two posts in the right of way, other than size? WESLEY: If you would like to allow it in the right of way, we can adjust it to be in the right of way. WATTS: I think from the Chairman's point we're trying to accommodate everybody and I'm just trying to find a way to eliminate heads and accommodate everybody. So how would you feel about the right of way? WESLEY: I think we start to have more concerns with site visibility when we do that, but we could address that with each permit to make sure it wasn't blocking the site visibility along that. We already had the concern with the post and boards when they go in the right of way because you're driving something into to the ground and you don't know what utilities are under there, and so when you do that stake for the banners, you, again, run that risk. But sometimes they do get torn and tattered and loose from their stakes, and now they're blowing out into the street. That might be another concern about having them out in the right of way. But again, whatever the Commission wants to do. CHAIRMAN GRAY: I'm going to be the bad guy. I say no banner signs allowed in multi- families. KOVACEVIC: No signs allowed on what? CHAIRMAN GRAY: On multi-family residences. I don't see the point. The point of this is to try to facilitate the transaction, either the rental or the sale of the property. I just don't want to see a bunch of signs bolted to efess (ph.) when I drive around town and all of these ten complex units. I don't want to see it. I don't think it serves any purpose. It's cluttery. I mean, how many red openings soon signs do you need to see? And I think when you get into building and developing a nine-condo price point complex, you're into, you know, some bespoke marketing, or you know, you're into things other than trying to capture the masses. And so I just don't think it's warranted. I think it needs to go away. And I'm alone in that. That's fine. WATTS: No, you're not. I think under 20 I think you could be alone and it goes back to the area that is available to put the banners up. So I think there has to be some sort of a TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 26 of 61 minimum footage so you don't have the issues when we looked at traffic patterns and turning, and so on, we don't have those. I'm kind of amazed that we don't also force the applicant for the sign permit to get Blue Stake or the utilities to come out and stake before they put the sign in. I thought that would be part of it. It's kind of like to me a no brainer. You've got water, you've got all kinds of stuff under there. So but to my dismay, you probably don't have any of those issues either, right? WESLEY: Not that I'm aware of. I did discuss that with the Public Works director in terms of the post and board signs that can go in the right of way under the proposed code, and did we want to start requiring -- I guess, a little bit outside my area, but I believe that Blue Stake is required for those, but nobody's able to really enforce it. So I talked to Public Works about requiring an encroachment permit for any of those and the opinion was that would be too difficult for people on both sides to really require that encroachment permit. WATTS: I think the only problem with discriminating under 20 units is just that, it's discrimination. So now you've got an issue there too, so. CHAIRMAN GRAY: That's why we should get rid of them altogether. No discriminating against anyone. WATTS: I think you can accomplish the same thing without banners with A-frame signs, particularly because of the size of them and the quantity of them. DEMPSTER: For the smaller -- WATTS: Yeah. DEMPSTER: -- units. CHAIRMAN GRAY: We're leaving it alone? DEMPSTER: Good discussion. COREY: Good discussion Susan said. CHAIRMAN GRAY: So we're going to leave it alone or are we going to adjust it? Let's move on from this one. DEMPSTER: Let's move on. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 27 of 61 WATTS: I think it's another one of those that you can tweak it later. CHAIRMAN GRAY: Let's flag it for the Council as a heavily deliberated section that they can take up and expand upon. WESLEY: Okay. Nonresidential uses in residential districts is another category out there, so permanent signs, allowances for that type of use. So mostly this is churches. It can be other things by code but I'm not really necessarily aware of any. But we do have several churches that are in residential districts. So they allow the awnings, the building wall signs, the monument signs. Temporary. Balloons, banners -- CHAIRMAN GRAY: John, I just -- WESLEY: Yes. CHAIRMAN GRAY: -- if you'd go back one slide. We can't go back and redevelop the town necessarily, obviously. But do you think that the square footage ratio for the monument signs is sufficient? And I say that because so much of what we're trying to accommodate through all of these different signage provisions, especially in the commercial districts, is really stuff that should have been provisioned for with monuments. I think developers should have had a significantly higher obligation to showcase the suites or the tenancy of their particular development. So is that ratio sufficient to achieve that in your mind? WESLEY: So again, it's been a little while since I've looked at other community's sign codes to remember how this compares. But here we're back to the commercial version, so it's 50 square feet, 12 feet tall. I know the 12 feet tall is pretty consistent with a lot of Valley cities where 50 square feet, I think, is fairly consistent too. It may be a little bit on the small side. So again, if the Commission would like to recommend that we up that to something larger, we could. I'm not sure how many -- CHAIRMAN GRAY: Yeah. WESLEY: -- existing centers would come back at the cost -- CHAIRMAN GRAY: I know. WESLEY: -- to -- TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 28 of 61 CHAIRMAN GRAY: I realize that. But I don't know that it should necessarily be provisioned as larger, but I think that it should -- I think there should, in this case, be some discretion by the development director to, you know, allow something that would be conforming with the development. I think there should be some additional subjectivity in that that's maybe not provisioned by those caps. WESLEY: Right. So and we did increase it with the update a couple years ago to allow two per 300 feet, where it used to just be limited one total. So we've already made that allowance for additional monument signs. And in 6.06 sign plans, again, nobody's used it. It's been lost over the details, but there are allowances within that if you do a sign plan to increase sign area as part of that process. I'm seeing a 10 percent increase, and I think there's another one, a second one if you do some other creative things. So there is some 28allowance if you do a sign plan already to increase those areas. Let's see here. So temporary non-residential. Balloons, banners, flags, post and board, yard signs. So one thing I noticed when I was going back through here, we allow for the directional signs in terms of yard signs for non-residential in a residential district, but we do not allow for A-frames as a directional for non-residential use in a residential district. I've not noticed that before. So it'd be very easy to make that adjustment if you would like to allow the same A-frame that you'd use if you were a single-family homeowner. The church next door can't do that under the code as it's written. DEMPSTER: Is that the example? So a temporary non-residential and residential would be a church and then -- WESLEY: That's the main one we have. Again, there could be others. The code allows for a few other things. I've looked around, I haven't really seen any of those other types. I believe churches is the main thing. KOVACEVIC: So would an example of this be the DC Bar & Grill at Desert Canyon Club House, where they've got their A-frame sign down on Saguaro -- WESLEY: No. KOVACEVIC: -- directing? WESLEY: No. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 29 of 61 KOVACEVIC: No? WESLEY: That's commercial. So the DC Grill is in a commercial zone that's all one property and so it's on the same property. KOVACEVIC: They have a directional sign down on -- WESLEY: Right. It's an A-frame sign. KOVACEVIC: An A-frame on -- WESLEY: Right. KOVACEVIC: -- Saguaro? WESLEY: Yeah. CHAIRMAN GRAY: That they don't pick up. KOVACEVIC: Ever. WESLEY: Yeah. KOVACEVIC: Well, so what's an example? I mean, that's a nonresidential -- WESLEY: So -- KOVACEVIC: -- sign in a residential -- WESLEY: Right. So again, some of the churches over here along Fountain Hills Boulevard. KOVACEVIC: The vacation bible school. CHAIRMAN GRAY: Um-hum. WESLEY: Yeah. They're going to have that or they're going to have some fall festival at the church on the weekend. And so they can do yard signs but they couldn't do an A- frame sign. The neighbor next door holding the garage sale in the same zoning district could have an A-frame sign or a yard sign. With the way it's written today, the church couldn't have the A-frame sign. CHAIRMAN GRAY: If we're going to allow the yard sign, we have to permit the A-frame sign? KOVACEVIC: I would think so. CHAIRMAN GRAY: Yeah. WESLEY: So make that change? TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 30 of 61 KOVACEVIC: Yes. CHAIRMAN GRAY: Yeah. WESLEY: Any other questions about temporary signs for -- WATTS: This is what -- CHAIRMAN GRAY: Commissioner Watts would like to -- WATTS: -- this is what happens when you stay up too late reading this stuff, you focus on balloons. The height of the balloon; when you look at the size of the balloon, to me, was an obstruction of line of sight. So I think it was six feet -- two feet from the top of a foot sign, six feet, doesn't delineate whether or not it's the top of the balloon or the bottom of the balloon, that's one. Two, I think it should be higher and it should be at the bottom. Sorry. You know, I'm telling you. This is what happens when it's too late at night. So I think it should be higher so it doesn't obstruct view. WESLEY: Good point. WATTS: Just as a point, okay? WESLEY: And so will -- WATTS: There was no music with that so this -- WESLEY: -- will the commission have a challenge if we make some change, probably, I don't know, is eight feet too low, because I can still tap it. So if I go back and look, I think the clear zone for a parking lot, no landscaping above three or below seven, so there's that gap. So if I say the balloon has to be at least -- bottom of the balloon is seven and the top of it ten, some range like that, would that work? WATTS: Yeah. WESLEY: Clarify that. Is the Commission okay with the clarification on that with balloons? WATTS: Okay. I'm going to stop asking questions too because -- WESLEY: Oh, no. More importantly, we need the answers, not just the questions. So any other comments here? Okay. Single family. So really single family itself, your single-family house has no permanent signage allowed except for maybe an address, but that's not even really covered here. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 31 of 61 Subdivisions, though, do have allowances for the wall signs and the monument signs. Otherwise, temporary signs in single family, the A-frames as directionals, flags, post and board, and the yard signs. I believe that's it. Any questions about temporary signs for single family? Okay. So that's a summary of the draft code. We've learned some good things this evening for some modifications and then we can go back and make -- hopefully Paula's keeping real good notes over there so when we get to the end we can summarize them. But then we can make those adjustments and go forward to Council. So with that I've got a few things I do want to go ahead and discuss a little bit more with you, and again, we have the full code below that we can go through as we need to. So just wanted to go -- again, just to remind the Council and anybody -- or the Commission and anybody who may watch this in the future about the challenge that comes along with allowing signs in the right of way under read since we can't address content. So here's a street view of local business here in town. Sign's perfectly fine per code today and with the draft code. Under the new code, because we'd be allowing A-frame signs in the right of way, by right they could move that sign out just during the daylight hours. It's in a commercial district so they could do that and move it out there a little closer to the curb, a little bit more visible, and that would be no problem. They could potentially do two signs because we're allowing two A-frames if you have two public entries. I don't know if this business does. I've been in there once. I don't remember if they have a second public entry or not, but if they have two public entries, they could have two. But it's a total of nine square feet, so one of these would actually have to be a little bit smaller. But we could also have this sign in the right of way -- could have this sign in the right of way and that would be perfectly legal under the proposed code. Public square within the right of way, once we start saying A-frames are allowed or any temporary signs allowed in the right of way, we can't judge the message, and so it could be that. So before when it was two signs clearly identified with the adjacent business, we could go to the business and say, mmm, wait a minute, one of these is too big, or you don't have two entries, you've got to get rid of one. In this scenario, where one of the signs TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 32 of 61 really isn't theirs, so we can't go to them and say, you know, what's this extra sign doing here. That would be allowed. Or if they did have their other sign, it was small enough and met the criteria, that kind of situation. So just want to remind the Commission that when we allow signs in the right of way, perfectly fine, but there will be some enforcement challenges that go with that, some education that will have to go with that about what you can and can't do with those signs. CHAIRMAN GRAY: You first. WATTS: This goes back to one of my general questions. I think that as part of the sign process in total every sign ought to have identifiers on it who the owner of that sign is, contact information, whether it's A-frame or whatever it might be. That way code enforcement can look at the back of these signs, doesn't have to be on the front but on the back, and then they'll know if that guys' got three signs there and he's only supposed to have two, but it'll have some contact information for whatever the reason, education or discouragement. So it's just a general comment one of -- WESLEY: Right. WATTS: -- many. WESLEY: Right. Chair, Vice Chair, and certainly that would be helpful. It'd be good if they did. I'm not sure that we can require it because we can't require any content or judge a sign by its content. We can't have it removed if it's an otherwise legal sign just because it doesn't have contact information on it. WATTS: Can't we have it as a QR code or a -- WESLEY: It -- WATTS: -- bar code something -- WESLEY: -- doesn't matter -- WATTS: -- on the back? WESLEY: -- doesn't matter how it's done. If we say an A-frame sign is allowed in that location, an A-frame sign's allowed in that location regardless of what's on it or not on it. It would be helpful and we can encourage it, but we couldn't remove it simply TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 33 of 61 because it didn't have that information on it if it was otherwise legally there. WATTS: And they don't have to have a permit for it so we don't have it on their application. WESLEY: Correct. WATTS: Okay. If we can't do it, we can't do it. But it seems to me common sense would say -- WESLEY: It should make it easier as we're going to talk about in just a moment as we talk about enforcement. WATTS: Okay. WESLEY: Because our first choice is always going to be to try to educate to tell somebody, you know, pick up your sign, relocate your sign, help them learn how to do it correctly. And when there's no contact information on there, it gets very difficult to do. So it'd certainly be in their interest to put it on there to simplify it for everybody, and so we can certainly encourage it. CHAIRMAN GRAY: John, we talked I think a month ago about limiting the -- yeah, in the multiple sign scenario, limiting to one sign per elevation. Was that deemed unenforceable or nonviable? WESLEY: Chairman, so yes. Again, once we get out on the right of way and we say an A- frame, a yard sign, a post and board sign is allowed, we can't address the content. And so anybody could put a sign in that location. We can't limit it to a business or a number of business. And once we start trying to do that and say, okay, we're only going to allow, you know, one sign per, you know, 50 feet or whatever, we come out and we find three, whose are the legal ones and which one is not the legal one? CHAIRMAN GRAY: It's an unlikely scenario but it sure could make a mess of things. WESLEY: Right. And yes. So I guess I want to come back there too. I'm glad you said it that way. So we want to make sure that it's just generally understood that there will be, can be, I guess maybe I should say instead of will be. There can be enforcement challenges. For the most part we don't think there will be that many most of the time for a couple of reason that we'll talk about more in a minute, particularly with the A- TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 34 of 61 frames. They're a little bit expensive. People are going to use them responsibly and we certainly want to facilitate providing that signage for businesses that need it. Trying not to be overly dramatic or try to paint a picture, you know, things are going to be terrible. Just want to make sure it's out there that there will be some challenges that we think we can address them. And that's why, as I've looked at it, I've come back to and put in the code the requirement for they're only allowed sunrise to sunset. We've talked to the code enforcement officers about their ability to enforce that and they feel like it's something they can do reasonably. And so people will learn quickly that if they're out there and they get confiscated, that they won't want to do that again because they won't necessarily get it back right away. Legitimate businesses will learn to take their signs in at night and it'll all be fine. And those people who are just out junking up the streets with signs that they don't care about will learn that's not going to work, is what we hope. So with that, let's talk a little bit more about enforcement. So we had discussion a little bit last month, or last time we talked, the concern about the cluttering and what the enforcement options were. That caused me to go back and look again at section 6.04 and 6.05. They've always been a little bit odd and clunky because they cover different aspects of enforcement and penalties and so forth. So we took this opportunity to combine them into one and clarify them so that part of it deals with permit signs, the other part deals with temporary signs, because they're kind of cluttered together right now. And also changed the fine structure. I thought I put that there. Did I put it someplace else? I'm going to go down here. Well, I guess I didn't. So I thought I had updated this section right here to remind you what the difference was in the fees. Currently in the code, if we ever got to the point of issuing a citation for a temporary sign, which we haven't, it would be $50 fee for first offence, $100 for second, $250 for a third offense. That seemed a little low. Most all of the rest of our zoning ordinance references Section 1-8-3 of the town code for fees, for penalties. And so my suggestion was that we do the same thing here and reference that same fine structure instead of having something separate. That starts at $250 and goes up from there. Maybe that's TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 35 of 61 too big of a step. May want to go back to what it is today or something in between. Certainly open to that. But that's what I did here for discussion purposes was reference the other section like we did on other portions of the zoning ordinance. So with regard to enforcement on permanent signs, there's really no significant change there. I just kind of reordered the language in the code to put it all together. With regard to temporary, both per the code and then through our operating policy that we have, and I put in a little bit more clearly in the staff report our first choice is always to try to educate, relocate, return signs, help people learn what they can do. Where we have maybe we don't have the information on the sign to know who it goes to, or where it goes to, or because of previous issues, confiscate is the next choice. From there, if we really have a repeat offender, notice of violation, ultimately to a citation, are the choices that we would have. In my four years here, we've not gotten past the confiscation and return of a sign. Doesn't mean it won't happen at some point in the future, but people usually figure it out, and want to comply, and we'll go from there. We are talking about in part of that confiscation process, again, it was in the report, getting a little bit more formal in the return procedures to discourage somebody, okay, well, I'll put it out today, and they'll pick it up, and they'll give it back to me the next day, and I'll put it out the next day. We'll set probably two times a month during a couple hours, your sign was picked up, here's the time you can come pick it up, and it'll be a couple weeks later. And so again, that'll be that discouragement for somebody that's not a legitimate actor to really try to follow the code with the signs. So any questions about that? SCHLOSSBERG: I've got a comment if I may, John. Kudos to the code enforcement because that was my big concern about are they really going to be able to enforce it. But several of my neighbors have received notice of violation, and basically that's all it took for them to realize they're going to lose their sign if they don't comply. So I think whoever's stepping it up on the code enforcement side is doing a pretty good job. So -- WESLEY: Thank you. SCHLOSSBERG: -- just a comment. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 36 of 61 CHAIRMAN GRAY: Commissioner Corey? COREY: Yeah. Just my thoughts around I know we wanted to track them from having to get to the place where the sign is confiscated. But I think you said it was like two weeks later they'd be able to pick it up, maybe two days of the month. It just sounds to me like they may want to come get their sign sooner, so that seems kind of limited. I think we might want to open that up and make it a little more flexible for them to come get their signs. And is it -- just thinking out loud here. They can't just come -- there's not a collection place where they can come and get it any time, they have to make an appointment? WESLEY: So currently that's what happens and the way it's been. We contact them, we've got your sign, or they realize it's a gone and contact us, see if we have it, and we'll say yes, and figure out a time, and come get it. So we hold onto it for a day, maybe hold onto it for a week. I know we've had some signs for months because some of the people don't care. COREY: Okay. WESLEY: But the proposal is, and this is proposal, and it would be administrative policy and not ordinance provision, is that we formalize it. COREY: Um-hum. WESLEY: And our proposal is that it is just a couple of days a month. So it's part of that discouragement for putting out signs that aren't really legitimate. COREY: Um-hum. WESLEY: Again, the business side, somebody that's running a legitimate business is going to figure it out and they're going to want their sign. And they're going to take it in at night if it's out of the right of way. You know, done it once -- COREY: Um-hum. WESLEY: -- and they couldn't get their sign back for two weeks -- COREY: Okay. WESLEY: -- they'll probably figure it out and they won't want to -- COREY: Right. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 37 of 61 WESLEY: -- do that again. COREY: What -- WESLEY: Verses -- COREY: -- what are they going to use in the interim of that two weeks? I think my suggestion would be maybe to give them a little bit more of a window to pick that up if they need it. WESLEY: Right. CHAIRMAN GRAY: Maybe -- WESLEY: But again -- CHAIRMAN GRAY: -- maybe on first offenses or -- WESLEY: Yeah. It wouldn't be a first offense when we -- again, for legitimate business that's right there, we can identify who it is. COREY: Um-hum. WESLEY: We can go tell them first. COREY: Okay. WESLEY: And before we ever confiscate it, it's going to be a second or third time before we ever confiscate it. COREY: Yeah. It just sounds like they'll have to remember what day of the month is it that I can go get this. Maybe it would be easier to say, hey, Wednesdays at noon or something, whatever. CHAIRMAN GRAY: Is it code enforcement that does the redistribution? WESLEY: Yes. CHAIRMAN GRAY: So it's also about labor -- WESLEY: Right. CHAIRMAN GRAY: -- labor availability and opportunity costs, what else they can do. So I agree. I mean, there's a balance, but I think the first offenders should probably get a little more help along the way. WESLEY: Sure. We agree. CHAIRMAN GRAY: Commissioner Watts? TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 38 of 61 WATTS: Yeah, no. I agree with the staffing issues. I agree with two days a month and for two hours there's a window of opportunity to come collect your sigh. But I really do want to emphasize again the educational component, if you can find the owner. And then maybe kind of like the -- who is it that does the -- passports, they have an expedite fee. So if you wanted to add an expedite fee that said, look, you've been an offender and you want your sign back, so it's a $50 fee for somebody to open up and get you your fee. Something along those lines. So that's one. The other thing is that there were two words throughout this chapter that drove me -- that made it difficult for me to understand. Permitted and permitted were used interchangeably. Some signs are permitted in a certain area and other signs need to be permitted. How about allowed and permitted. So I'm going to go off this topic for a second and get these two off before -- and fines and fees. So when there is a confiscation it's really not a fee at that point, it's a fine. WESLEY: Um-hum. WATTS: So I'd really like to see those two words changed and maybe add an expedited fee for the habitual offenders if they're really serious and they want it. I sympathize with somebody that had their sign confiscated. And to Commissioner Corey's example, you should make some accommodation somehow, but that shouldn't be at the expense of town staff and the resources. WESLEY: Okay. Good points. Thank you. Anything else on this topic? Okay. CHAIRMAN GRAY: Who's had the most signs confiscated in town? WESLEY: I don't know. So but Vice Chair Watts, you are keeping track of all these changes so you can help Paula later with the motion, right? WATTS: It's being recorded, right? WESLEY: Okay. So my last thing before maybe see if we have public comments and if there's any other details to go through, is we did receive an email from a citizen that had some good comments and ideas, and I'll summarize some of those here. There were a few references that they noted that need to be fixed. We'll certainly do that. They suggested that it might be helpful to have a definition of right of way so people know TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 39 of 61 that it's some place behind the curb. And so we can add that definition, but I've got to have it worked out exactly, but that the signs -- anyway. There's a space there from the curb back to the property line, and that's the right of way, and you can't put the sign there. They want us to look at additional ways maybe to clarify election signage. And so that was one of the topics that was almost floated earlier from 6.07, so this is maybe a chance here to talk about that and a little bit more. But I'll go onto these others first and we can come back to that one. The other residential signs, which are, again, the yard-sale, garage-sale signs. He had a little bit of challenge of where it was in the code. I thought about that and to me it still works pretty well, although there is an opportunity maybe just to move it up into just the other sign types. We can consider that if the commission has some ideas or thoughts if that would be better. Did point out that because the yard sign allowance was changed to two per property, that when we get down to residential directional signs it says you can have one on your property plus five more. Well, really, they could have two yard signs to begin with, so that didn't exactly match. And so we could adjust that and the same would really go then, I would guess, if you're going to allow two yard signs you're allowed two A-frames on the property. So we'd look at that. And then also had a point that maybe wasn't clear about medians, the prohibition on medians that would make it clear that's all medians, not just center medians, but side medians. So that would be, again, an easy change to make. So -- CHAIRMAN GRAY: Can I ask, all of the slip roads along -- I think they're just along Saguaro, do we consider that -- DEMPSTER: And Palisades. WESLEY: And Palisades also? WESLEY: Yeah. There are a few on Fountain Hills Boulevard too. But anyway. CHAIRMAN GRAY: Do we consider the curb between the slip road and the main arterial there, is that considered a median as well? WESLEY: I would call that a side road median as opposed to -- TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 40 of 61 CHAIRMAN GRAY: Okay. WESLEY: -- median-median, I guess. But yeah. CHAIRMAN GRAY: Commissioner? COREY: On section -- can I refer to section? I just had -- WESLEY: You can. COREY: -- a comment. WESLEY: Go ahead. COREY: I can. It's 6.08 A 1. WESLEY: Okay. COREY: And it's mentioning -- I believe it's in reference to A-frame. WESLEY: Yes. That is A-frames. COREY: Okay. Allow sign on sidewalk, and I think it ended there. I don't know. That might be an opportunity just to make sure that it is not blocking someone's, you know, walking, if somebody's walking by, just to make sure that we speak to the safety element there. WESLEY: So E III 2 D shall be placed on public sidewalk except Town Center, where there's at least four feet clear passage around at least one side. COREY: Okay. I must've missed that part. CHAIRMAN GRAY: I think we had to do an (indiscernible) discussion on that. COREY: Okay. And then one more, John. It was on 6.05, it was just a wording. The temporary signs as are and as many. Wasn't sure if that was how you intended to write that or -- WESLEY: Sure is. It sounds like the way I'd write something. 6.04, temporary sign 6.04 B. So where -- COREY: 6.05 temporary signs. WESLEY: 6.05 is now reserved. DEMPSTER: He took it out. COREY: Okay. WESLEY: So -- TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 41 of 61 COREY: So it may be in a new spot. WESLEY: We took 6.04 and 6.05 and combined them and call it all 6.04, and 6.05 is now -- COREY: Okay. WESLEY: -- reserved -- COREY: Maybe I could find it here. WESLEY: -- for future use. If you see it later let me know because certainly any typos we could -- COREY: Yeah. Well, I'm just going to do a control-F here and -- WESLEY: Okay. COREY: -- see where it is. Okay. It is still here. It's right above temporary signs. WESLEY: Okay. So -- COREY: It's in 6.4 WESLEY: Uh-huh. A 4? COREY: A D, 4 D. WESLEY: 4 D. COREY: Yeah. Town shall have such other remedies as are and as many. WESLEY: And as many sometimes (indiscernible) provided for. Yeah. Okay. I don't know if that maybe needs some commas, but -- COREY: Is that right? I don't know. WESLEY: I think it is. An attorney wrote it, so it's got to be right. COREY: As are and as many, that's correct? Okay. Okay. WESLEY: Okay. COREY: Thank you. CHAIRMAN GRAY: Commissioner Watts? WATTS: I want to jump back to the fines for a moment. WESLEY: Okay. WATTS: That 250 for the first offense I think is a little bit aggressive. WESLEY: Okay. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 42 of 61 WATTS: I would support something like 100 for the first, 250 for the second, and then whatever we come up with for the third. But the first one, you know, even with education and so on, people can still err, and that's significant enough punishment, I think, at $100 as opposed to 250. That's pretty aggressive. CHAIRMAN GRAY: But at that point though you've been spoken to, you've been confiscated, and then you're fined. I mean -- WATTS: 250 though? KOVACEVIC: Yeah. CHAIRMAN GRAY: It's dinner at the Saddle Bronc. WATTS: I don't think so. Well, when you put it in that terms, okay. And then we're going to talk about the political signs as well? WESLEY: Yeah. So before we go on, I just want to make sure, leave it as it is? We'd agree (indiscernible) -- CHAIRMAN GRAY: I don't know. WESLEY: -- idea. CHAIRMAN GRAY: I mean, let's discuss it. I just think if you get there, you ought to be in the realm of feeling it a little bit but -- COREY: That's at your third warning? CHAIRMAN GRAY: Well, yeah. If you assume you've been talked to, and then you've been confiscated and waited your two weeks, and then you hit your first tier of fines. I mean, you'd be in detention long before that if you're in school. WATTS: Maybe that's why I like the lower price. CHAIRMAN GRAY: Almost seems like you're intending to offend. WATTS: Okay. I'm okay with it then. CHAIRMAN GRAY: I think -- WATTS: From that perspective, I understand -- CHAIRMAN GRAY: -- I think it ends up -- WATTS: -- what you're saying. CHAIRMAN GRAY: -- being so discretionary anyway. You said no one's been fined in TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 43 of 61 four years? WESLEY: Not the four years I've been here, no, we've not had any -- CHAIRMAN GRAY: If Larry Meyers hasn't been fined, nobody's getting fined. COREY: This is true. WESLEY: They work with you. Okay. So maybe go back to 6.07 and some of the prohibited sign locations and elections signs. CHAIRMAN GRAY: Yeah. I think and I'll -- do you have anything? No? Nothing else on the last one? I think that 6.07, you know, there's mixed feelings on it certainly, but I think that for clarity sake, I think we really ought to just have that simplified in any election -- you know, this book applies to any election, not just -- WESLEY: Right. CHAIRMAN GRAY: -- those with a primary. WESLEY: Okay. Yeah. So 6.07, where are we at, B 2 A 3, this gets so far down there. This kind of says allowed by state statutes during elections. Are you saying we put a comma there including those without primaries? Do that and that should make that clearer. CHAIRMAN GRAY: Those that have primaries? WESLEY: Without. WATTS: Without. CHAIRMAN GRAY: Okay. So that would account for like the Sanitary District, obviously the school district, which is the -- WESLEY: Yeah, right. CHAIRMAN GRAY: -- hot topic today, et cetera. Okay. I think that that -- WESLEY: So that's a simple -- CHAIRMAN GRAY: -- that would clean it up. WESLEY: -- that's a simple add. CHAIRMAN GRAY: Yeah. WESLEY: Yeah. WATTS: Would it be simple enough just to say it should match the state statutes? TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 44 of 61 WESLEY: Yeah. So basically -- KOVACEVIC: That's what it does say. WESLEY: -- that's what we're saying, is the state's -- WATTS: The same thing? WESLEY: -- statute would apply to any election not just those with primaries. WATTS: Right. Any initiative -- WESLEY: Yeah. WATTS: -- any election -- WESLEY: Yes. WATTS: -- and so on? WESLEY: Yeah. WATTS: The other thing in 6.07, if I may, okay? CHAIRMAN GRAY: Well, do I have an option? WATTS: No. Add distributors and contractors pursuant to like the Arizona Registrar of Contractors when we have -- there's disclosure on advertisements. It's 6.07 B 2 D WESLEY: Okay. B 2 D. Okay. WATTS: And then I have a question on C 3 G, but let's start with B 2 D. WESLEY: Okay. Is there a question? WATTS: Just a comment about adding distributors and contractors. There's a list of manufacturers -- WESLEY: Okay. WATTS: -- and so on. WESLEY: Okay. WATTS: Just to make sure -- WESLEY: All right. All right. WATTS: -- that everybody's -- WESLEY: Now I get what you're saying. Okay. WATTS: Okay? WESLEY: So to I, add the -- TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 45 of 61 WATTS: Yes. WESLEY: I'll get it off the -- WATTS: Off the recording. WESLEY: -- recording what you said. WATTS: Right. WESLEY: Okay. WATTS: Thank you. WESLEY: Got it. WATTS: And then I'm curious, C 3 G, was this pulled out of the International Building Codes, the electrical code for nits and candelas as opposed to lumens. All of a sudden we're changing something from the standard building code, and nits are -- CHAIRMAN GRAY: I don't know what a nit is. WESLEY: Measure of light. WATTS: It's a 3.4-plus lumen. So 100 nits equals 340-plus lumens. CHAIRMAN GRAY: I thought everybody else used lux. WATTS: Okay. And see here we go with the conventional building codes. How did we get over to something that's more on the international building code? And it's just for clarification more than anything else. WESLEY: So again, couple years ago when we were doing that update, worked closely with the Dark Sky -- WATTS: Right. WESLEY: -- committee about what was the best way to do this measurement, and this is what they recommended WATTS: They provided those? They're international measurement, so that's what they did? WESLEY: Right. WATTS: Okay. WESLEY: Based on the measuring devices available that this -- WATTS: Okay. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 46 of 61 WESLEY: -- was the best way to go. WATTS: But also in the same area, and I don't think it's in C 3 G, previously we talked about measuring foot-candles at a specific height. Now we're going to measure output based in nits. How are we going to do that when we couldn't do foot-candles before? WESLEY: So I can't answer that with too much specificity or experience. But the first thing we'll start with is this is the current code, that we're moving to the nonconforming section to be able to judge any existing signs because if this gets passed as recommended, we won't have any new ones that aren't already built or permitted. And so this is the standard under which they have been reviewed and approved, and so we're a little bit challenged to change the standard. If it's really the same standard just written a different way, I guess that would be fine. We need to understand it really is the same standard. But I would want to go back to the Dark Sky folks, and the meters that they have, and how they work to understand if a different approach would work just the same. But they were very comfortable with the meters they have, this was the way to do it. WATTS: Yes. And I agree. So it was more of a curiosity question because our building codes, lighting codes, U.S. imperial codes don't reference nits and candelas. So -- and it also takes me back to what we didn't do last time because we could measure foot- candles. We're doing it here but we didn't do it before. So at some point I'd like to go back and figure out where that was so we can measure at 48 above finished floor, or something like that, we have so many foot-candles, which is the same equivalent as nits. So if you can do it here, we should be able to do it there. WESLEY: Right. So again, getting outside my expertise very quickly, but they're really doing two different things as far as measuring the light source versus -- WATTS: Um-hum. WESLEY: -- measuring the 46amination that's on a surface that -- WATTS: Both -- WESLEY: -- comes from a light. WATTS: Yeah. The light source is the lumens and the result into the lumens depending TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 47 of 61 upon elevation is the foot-candle, the effective foot-candles. But if you can do one you can do the other, that's my -- WESLEY: Yeah. WATTS: -- only point, so. WESLEY: Okay. So from here, as far as presentation, I go through each section. I don't necessarily want to do that unless the Commission wants to and I think this would be a good point for any public comments and then see where we want to go -- CHAIRMAN GRAY: John. WESLEY: -- Mr. Chair. CHAIRMAN GRAY: One more if you don't mind. WESLEY: Sure. CHAIRMAN GRAY: I'm trying to find the section number. It's the electronic message board signs. And I know we've -- WESLEY: But that's what -- CHAIRMAN GRAY: -- deliberated that at length. WESLEY: Right. CHAIRMAN GRAY: Popular or unpopular, I don't know, but I'd like to put back on the table that we prohibit those going -- WESLEY: Right. CHAIRMAN GRAY: -- forward. WESLEY: That's what we did. CHAIRMAN GRAY: Is it? I didn't -- WESLEY: Yeah. (Indiscernible). CHAIRMAN GRAY: Is it in there prohibited? WESLEY: Yeah. CHAIRMAN GRAY: Okay. WESLEY: Yeah. CHAIRMAN GRAY: And then I know everything becomes nonconforming that's in place to date. And we say that, you know, upon them becoming dysfunctional or abandoned, TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 48 of 61 I think we said, they would need to cease operation. Is there a time limit of sorts on that? Is it 120 days of abandonment before -- you know, if business A moves out and the property sits empty for three months, does that constitute abandonment and we could seek removal? WESLEY: So the standards are in 6.07 C. So abandoned for a period of six or more continuous months. CHAIRMAN GRAY: What's that? DEMPSTER: Is there in here? CHAIRMAN GRAY: That's where I was looking. I thought it -- okay. That's if it's in disrepair though. You have the option at that point to restore it back to its original. DEMPSTER: Um-hum. CHAIRMAN GRAY: Okay. Okay. And then one other. This is just something new that I happened to notice couple weeks ago driving at night is we're starting to get -- I think they classify as signage because they're designed to attract. We're starting to get rope light chasers in businesses. And I'm curious if -- I don't know if we should or we shouldn't address that here with signage, but it's designed to attract you to the business, right? You're starting to see window frames predominantly along Saguaro that are getting these, you know, multi-colored chaser light schemes that are -- they're hideous. And I think they need to have a big X put through them. I think I'm getting old. COREY: What are you talking about? WESLEY: It's no fun. CHAIRMAN GRAY: The car wash. They got those chase lights everywhere now. They just put them up. COREY: Um-hum. CHAIRMAN GRAY: You've seen them? COREY: Yeah. WESLEY: So in 6.07. CHAIRMAN GRAY: I couldn't find anything. WESLEY: Let's see here. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 49 of 61 CHAIRMAN GRAY: Yeah. But I guess my question is do eye-catching rope-light chaser sequences fall under electronic messaging? WESLEY: Yeah. That's a bit of a question challenge. But if we look at 6.07 E, I'm not sure what's here either so we're going to learn together. 6.07 E prohibited signs. So neon signs are prohibited. So I don't know if those are neon. CHAIRMAN GRAY: LED. WESLEY: I don't think so. Animated or moving sign, including -- so is that an animated or moving sign? Maybe. It's attention getter and device. CHAIRMAN GRAY: An attention grabber. WESLEY: So we'd have to look at it from that. And so that's probably the only thing we have in here right now that would address that. And so from there we would have to look at 6.02. CHAIRMAN GRAY: What if just say if it spins faster than a barber poll, you can't have it. WESLEY: How about we say if Chairman Gray doesn't like it, you can't have it. CHAIRMAN GRAY: That's fine too. WESLEY: That way we still have it there. So a sign means any device placed to attract attention by providing identification, advertising, or directional information for a business. So -- KOVACEVIC: Number five -- WESLEY: -- questionable. KOVACEVIC: -- in that section, number five says flashing, blinking, or rotating lights. Does that cover it? WESLEY: Okay. Okay. I didn't really know (indiscernible). CHAIRMAN GRAY: The following types of -- WESLEY: Yeah, so that one. CHAIRMAN GRAY: -- illumination are prohibited: flashing. DEMPSTER: What section is that? SCHLOSSBERG: So -- KOVACEVIC: It's -- TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 50 of 61 CHAIRMAN GRAY: It's under -- KOVACEVIC: -- 6.07 E -- or 6.07 F. DAPAAH: F 5. WESLEY: I found illumination part. Yeah, you would have illumination. Okay. DAPAAH: A. WESLEY: Yeah. Particularly, if we added the traveling to that list. CHAIRMAN GRAY: Yeah. I think I could -- DEMPSTER: Illuminations, yes. CHAIRMAN GRAY: I think those are the right words but I don't think they were meant to be applied in that manner. So I don't know what the right language is but if we could -- WESLEY: Yeah. CHAIRMAN GRAY: -- if we could find a way to tie that down. WESLEY: We'll see what we can do. CHAIRMAN GRAY: Yeah. WESLEY: That's the consensus of the Commission that we look for that? Okay. CHAIRMAN GRAY: Commissioner Watts? WATTS: I have five easy questions and then I'll sit back. WESLEY: You're supposed to have the answers. Okay. WATTS: I got the answers. We just -- WESLEY: Yeah. WATTS: -- may not agree on the answers. So in 6.03 F. WESLEY: Okay. Let me get there. Okay. So nonconformings. WATTS: Building permit applications for signs shall include sufficient information. I think that's too vague. I think that word should be detailed information. WESLEY: Okay. WATTS: That's vague. I mean, if you like me, you're going to pass it with sufficient, and if you don't, you're going to make me jump through hoops. WESLEY: Okay. WATTS: Okay. 6.04 4. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 51 of 61 WESLEY: Okay. WATTS: I'm curious as to why the wording was changed from shall to may. I think shall is the appropriate word. WESLEY: Because sometimes that locks us in too much and we don't have the discretion we might need in a given situation. WATTS: But shouldn't it be consistent when you say may, it's you have that ability by administrative right to be able to make discretionary exceptions. WESLEY: That's what the may gives us. If it says shall then we must do one of A, B, C, or D. WATTS: Right. WESLEY: We can't choose an E if it's more appropriate in a given situation. WATTS: Okay. I'm really glad Paula gave this to me early enough to spend so much time on it too. Thank you, Paula. A 6 F, it relates to the sign boards at drive-thru's. WESLEY: Okay. So 6.08. WATTS: Yeah. A 6 F, it seemed to me that the area that's required for those sign board is pretty excessive. A lot of the drive-thru's don't have the room to be able to put the square footage of landscaping in that sign area. WESLEY: Okay. WATTS: A 15 E. WESLEY: Well, before you go on -- WATTS: Um-hum. WESLEY: -- does anybody -- do we have agreement we should change that, and if so, what should we change it to? So right now it requires four square feet of -- a minimum of four square feet of landscape area for one-square foot of sign area at the base of the sign. WATTS: And the sign can be four foot, right? Or actually the sign can be more than that. WESLEY: Well, yeah. The sign can be 20 square feet. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 52 of 61 WATTS: 20 square feet. So you got to have 80 square feet of landscape area, which seemed to me to be an awful lot of landscaping for a business for a drive-thru. WESLEY: 4 foot wide, 20 foot long, longer drive-thru aisle. And again -- WATTS: I mean, there's a lot of that. Whether it's something like Filberto's or whether you go through Starbucks, Starbucks has none, Filberto's has scant amount if none. Most of the drive-thru's have limited amounts, if any. So I would think maybe a four by five just to surround the post that holds it in the utility box that provides the power connections. But I wouldn't think 80 square feet would be reasonable for one signboard. So I would recommend 20 square feet, 4 by 5. And I may be the lone ranger on that one. CHAIRMAN GRAY: Well, what's the adjacency, does it say indirect? WATTS: It doesn't. It says -- CHAIRMAN GRAY: The direct adjacency? WESLEY: This says at the base of the sign. WATTS: Yeah. CHAIRMAN GRAY: So it's direct. DEMPSTER: Section this is, please? WATTS: A 6 F. SCHLOSSBERG: Of what? Section of what? WATTS: Oh, what number? SCHLOSSBERG: What number? WESLEY: 6.08 A 6 F. WATTS: Yeah. 6.08. Sorry. CHAIRMAN GRAY: I'm going to leave you on the island on that. WATTS: Thanks. Well, with that I'll go to the next one, which is A 15 E. Virtually every service vehicle these days is a rolling billboard. WESLEY: Right. WATTS: And the 72 hours, I mean, sorry, the 48 hours doesn't even cover the weekends, let alone a weekend that's bumpered by a holiday. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 53 of 61 WESLEY: Right. Let's see here. WATTS: A 15 E. WESLEY: Right. So F ii? I think we did talk about that last time and maybe I missed it because I think we did talk about changing that from 48 to 72, and I -- WATTS: 72? WESLEY: -- I missed that one. WATTS: Yeah. WESLEY: I think we did. WATTS: I thought we did but I wasn't positive. WESLEY: Yeah, yeah. Thank you. I missed that one. WATTS: Okay. And then there's some talk in I think it's 3 I, I threes, the three I's. WESLEY: Right. III. WATTS: About service companies that park their vehicles out front of establishment, are they bound by sign ordinances as well because of the verbiage of that section? WESLEY: So if they left them there beyond the timeframe they would be, but they're typically -- because they're service vehicle's -- they're moving, going to work. WATTS: What do you do if you got a guy on vacation, he parks his truck for a week, you get a fine for that? WESLEY: Yeah. Well, because by the time -- he might get a notice but you're not going to get to a fine for that (indiscernible). WATTS: I think emphasizing, again, the education part of the code enforcement people -- WESLEY: Right. WATTS: -- and some tolerance. WESLEY: Sure. WATTS: You can't put in that you're going to be lenient but the reality is that guys park their trucks, they are rolling billboards, so they should be governed by certain rules. I just don't want to be too punitive. WESLEY: Right. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 54 of 61 WATTS: Okay. That's it for me. WESLEY: Well, okay. CHAIRMAN GRAY: All right. Paula, speaker cards? WOODWARD: Chairman, there are two speaker cards. The first speaker is Betsy LaVoie. CHAIRMAN GRAY: And it's not even 8 o'clock. LAVOIE: I know. Just barely. Good evening. I'm Betsy LaVoie, 44-year Fountain Hills resident. CEO and president of the Fountain Hills Chamber of Commerce. I want to be here as a resource. For you as Commissioners, if you have questions about the almost 600 members that we represent and our business, I'd like to be able to answer questions as best as I can. So if there's anything you can think. I know when you were talking about the developers and the 9 units versus 20 units, and for all decisions you're making, try to put yourself in their shoes. If you are a developer, you want your building to look beautiful, you don't want it to look cluttered. You're going to adhere it to the space on your building that attracts people to your building. Like always think of the business or the developer. They want their business to look in the best light, for the most part. Also I wanted to share that while we advocate for a more flexible ordinance, we remain committed to preserving our Fountain Hills character. Like I said, 44-year resident. I do believe that when we often ask for a more permissive sign ordinance people think that we want a cluttered town. We don't. The example that John gave is unlikely that we would have an example like that by Desert Title and Tag. It's unlikely that we'll have four signs like that. It might happen. Hopefully code enforcement can take care of it. But again, for those of us who are residents and business owners here in town, we also want to maintain the beauty of our town. I also want to share that 50-plus years ago when McCullah put in the fountain, he put it in as a destination location. Whenever I mentioned Fountain Hills as a destination location, I have residents who say, no, we're not, we don't want visitors. It was our mission then, it is our mission now, to attract people to our town. We should use that as an asset with the right signage allowing our tourists, our visitors, and our residents to TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 55 of 61 find our experiences here in town, to find our locations, to find our businesses, to find our attractions. And not only will this enhance their experience but it'll encourage them to explore and patronize more establishments here in town. Keep in mind that our primary source of income is sales tax from our businesses, so we should be supporting everything we can for their prosperity. The Arizona Sign Association shared with me that for a destination location, Fountain Hills is the worst in the state for way finding signage and for our previous sign ordinance. So I applaud you for making it more permissive to get on the right track and I hope that our Council will also look towards better way finding signage. And I do have more talking points. I have to pick up my son from football so I'm not going to go through those. I'm going to give those all to you if that's allowable, Chairman. And for Mr. Schlossberg, yours does not have my card on it because you have all my info. So if you have any questions (indiscernible). Most of you have (indiscernible). No questions? WOODWARD: Next speaker is Larry Meyers. CHAIRMAN GRAY: John, did you do your own photoshopping for Desert Title or did somebody else do that for you? WESLEY: (Indiscernible). MR. MEYERS: Chair, new Vice Chair, Commissioner, Commissioners, Larry Meyers. Undisputed heavy weight sign confiscation champion of Fountain Hills. First of all, I support what John did, what John wrote tonight. Two things I came here for were to clear up the political first amendment sign portion of this, to make sure we weren't going to get anymore electronic signs in a Dark Sky community. But one thing did pop into my head while we were talking, so and I'll just name him. Mr. Tolis's 40-foot billboard that's parked along Saguaro Boulevard for a business that supplies no revenue to the town. Town gets no revenue from mortgage business. That part of the vehicle wrap that y'all were talking about, because that's the most egregious sign in the entire town. And I watched code enforcement take down poor McDonald's TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 56 of 61 now-hiring sign because their permit ran out. Hopefully they get a new one because they obviously need help, and they're a business, and they do supply us with revenue because we get the sales tax from the burgers they sell. So hopefully that vehicle wrap thing sort of gets addressed there with people like that and otherwise good job. Could've been one page though. Good night. CHAIRMAN GRAY: No more speaker cards? WOODWARD: No, Chairman. CHAIRMAN GRAY: All right. Let's go ahead and close the public hearing. Get in the business of confiscating RVs? Commissioners, any final comments, suggestions? Commissioner Dempster? DEMPSTER: I have one more question, John. Do we currently have any electronic message center signs in for approval currently? WESLEY: We did have a couple that inquired about them hearing this may happen, but apparently they haven't actually submitted any permits. So -- DEMPSTER: Okay. Thank you. WESLEY: -- so they would still have -- so assuming this goes forward to Council with a positive recommendation tonight, it'll be on their October 17th -- is that Tuesday -- agenda for their action. Assuming they approve that night, 30 days from then it goes into effect. So there's still this window where somebody could submit a permit before it goes into effect but right now there are none. DEMPSTER: Thank you. And just a thought. When you started with the slides by category, that was so much easier to follow, but I don't want to complicate things. But you know, that was clear and concise because, you know, someone that isn't looking for, you know, construction or commercial, is looking on the residential side or temporary signs, it's clear and concise, it could go right to that section. So I don't know if that could be used. I don't know. Just a suggestion. WESLEY: Thank you. We will. CHAIRMAN GRAY: Commissioner Kovacevic? KOVACEVIC: Well, I just want to say kudos to Mr. Steve Thomas who wrote the email TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 57 of 61 today. His comments were much appreciated. The corrections, I mean, he went through -- had to go through that thing in great detail to pull out the corrections he did. And so I just wanted to say kudos to him. WESLEY: Yes, it was very helpful. CHAIRMAN GRAY: Commissioner Watts? WATTS: I got a list of spelling corrections that I could give you later but other than that, I think it was great job and I appreciate it. And I agree with Commissioner Dempster that it was much easier to follow this than even the redline, and the redline was a huge improvement from what we got a year ago. So that's a great benefit. This might make it even easier by putting it under a category so people can go directly to it and see it. So thank you very much for the effort. CHAIRMAN GRAY: Commissioners, I think we're ready to be done with signs. DEMPSTER: Hallelujah. CHAIRMAN GRAY: Open mic night for recommendation? DEMPSTER: Motion? CHAIRMAN GRAY: Motion? Commissioner Dempster? DEMPSTER: I'll make a motion, gladly. I move to approve ordinance 23-04 repealing and replacing zoning ordinance chapter 6, sign regulations. CHAIRMAN GRAY: With amendment or as stipulated? DEMPSTER: Well, we made -- with the discussion that we had this evening with recommendations for changes. WATTS: I second. CHAIRMAN GRAY: Okay. Commissioner Dempster has made a motion to forward a recommendation to approve with annotations from this evening's discussion, that, John, I assume you'll take off of the verbatim transcript. Commissioner Watts has seconded. Paula, roll call vote, please. WOODWARD: Commissioner Corey? COREY: Aye. WOODWARD: Commissioner Dapaah? TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 58 of 61 DAPAAH: Aye. WOODWARD: Commissioner Dempster? DEMPSTER: Aye. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Aye. WOODWARD: Commissioner Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Aye. WOODWARD: Chairman Gray? CHAIRMAN GRAY: Aye. WOODWARD: Seven-zero. CHAIRMAN GRAY: Thank you, Paula. Thank you, John. All right let's see. Agenda item 8, Commission discussion/request for research to staff. Commissioners, anything for John or Farhad? Commissioner Corey? COREY: Yeah. Just one thing. Betsy reminded of the way finding. I was just curious where we were on the way finding. Weren't we thinking about updating -- WESLEY: Chair, Commissioner -- COREY: -- that a while ago? WESLEY: -- so yes. Unfortunately, again, I can't give you absolute detail. Farhad, I don't know if you're up to date on it. But there was some way finding signage that the town hired a contractor for several years ago and got most of the way through the process, got set aside. Public Works director has picked that back up and has been working with a contractor and I know he said he's getting close, but that's as close as I can get to telling you, you know, where he is in that project. And Paula, I don't know if you've heard from him in your dealings with him, but -- WOODWARD: It's in progress. WESLEY: But they are working with a contractor. They had to go back and redo some of the design work because it wasn't finished, and stamped, and so forth. But they're TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 59 of 61 someplace close to getting all that done so we can get those signs. COREY: Okay. And then that'll come back to us? WESLEY: Not that I know of. I don't know why it would. We're talking about the same just general town way-finding signs. COREY: Yeah, yeah. Oh, that never came to us? Okay. WESLEY: Yeah. It may have. I don't know because that was before my time when that was originally done. COREY: Okay. WESLEY: But -- CHAIRMAN GRAY: Was it monument signs or way -- it was monument signs couple years ago. DEMPSTER: There was an open house, and yeah, it did make the circuit, and there was an open house at the community center. WESLEY: Yeah. That's my understanding. DEMPSTER: But it's -- WESLEY: It was good output or outreach at that time to develop the signs. But they were designed and so it's been a matter of getting the actual construction drawings done. CHAIRMAN GRAY: Commissioner Dempster? DEMPSTER: Yes. In support of our economic structure and her plan that was presented and approved at town council, just want to put it out there if there is anything proactive we can do with zoning to support that plan in the future. WESLEY: And if it, you know, and I guess the concept or the strategy has been approved by Council, and they were going back from some of the implementation steps and budget things, but there are several things in there that will likely come back through the Commission as we work on implementation. COREY: Great. Thank you. CHAIRMAN GRAY: Commissioner Watts? WATTS: Yeah. I thought the economic plan that was presented was initially in a draft TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 60 of 61 format with some edits to be done, and so there had to be some -- I don't know way to put it -- changes to it, but fundamentally it's correct. And so I was looking forward to seeing it come back. I tried to find it on the website and I could not. So that's why I think it's not in final format, it's just in draft. CHAIRMAN GRAY: Now you've done it. WATTS: Uh-oh. I thought that was my last question but maybe not. UNIDENTIFIED SPEAKER: Hello, Commissioners. So Council approved the final draft. It is not a draft. It was proposed but they did approve it unanimously last week. We'll make sure it's easy to find on the website. As Mr. Wesley mentioned, we'll be bringing forth our implementation strategy on November 2nd, that is a Thursday. That will be a mini-council retreat. And so we'll highlight what we're proposing as short term, midterm, long term, ongoing. And we'll, of course, that afternoon, morning, we'll elevate the short term just to make sure we're on the right track, and that Council's aware of anything that has a price tag. And a couple of those, as Mr. Wesley mentioned, will definitely become before this body. CHAIRMAN GRAY: Thank you much. WATTS: Thank you. CHAIRMAN GRAY: You had three requests, John. That's more than you've ever had. WESLEY: I feel quite honored. CHAIRMAN GRAY: I feel honored. All right. Let's invert it. Requests from John. WESLEY: My request of you is to go forth and have a good rest of your week. I was checking with Farhad, we don't have any applications that have come in for an October meeting. There is a slight chance I'll have a text amendment for you to consider. I'm not sure at this point I'm going to be able to make the final tweaks to it to get it advertised for that month, so we may not see you until November. CHAIRMAN GRAY: Okay. WESLEY: If you can stand that. CHAIRMAN GRAY: It might come back, Commissioner. All right. Anything else, John? WESLEY: No. TOWN OF FOUNTAIN HILLS SEPTEMBER 11, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 61 of 61 CHAIRMAN GRAY: All right. Thank you very much. We're adjourned. Planning and Zoning Commission November 13, 2023 1 of 2 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION November 13, 2023 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Chairperson Gray called the Regular Meeting of the Fountain Hills Planning and Zoning Commission held on November 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: Chairperson Peter Gray; Vice Chairperson Rick Watts; Commissioner Clayton Corey; Commissioner Dan Kovacevic Commissioners Absent: Commissioner Scott Schlossberg; Commissioner Dapaah; Commissioner Susan Dempster Staff Present: Development Services Director John Wesley and Executive Assistant Paula Woodward Chair Gray appointed Commissioner Corey to facilitate the meeting. 3. CALL TO THE PUBLIC No one from the public spoke. 4. CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning August 14, 2023. Commissioner Corey stated that the meeting minutes would not be considered this evening since the meeting minutes date was not posted. MOVED BY Chair Gray to postpone Consideration and Possible Action: approving the regular meeting minutes of the Planning and Zoning September 11, 2023 to the next scheduled meeting in December. SECONDED BY Vice Chairperson Watts. Vote: 4-0 Unanimously 5. HOLD PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 23-15 amending Zoning Ordinance Section 1.12, Definitions and Section 2.01, Amendments or Zone Changes. 6. MOVED BY Vice Chairperson Watts to recommend the Town Council approve the: Ordinance 23-15 amending Zoning Ordinance Section 1.12, Definitions and Section 2.01, Amendments or Zone Changes with the stipulation that review timeframes are included in the text. SECONDED BY Commissioner Kovacevic. Vote: 6 - 0 passed – Unanimously 7. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. 8. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 9. REPORT from Development Services Director. 10. ADJOURNMENT Commissioner Corey adjourned the Regular meeting of the Fountain Hills Planning and Zoning Commission held on November 13, 2023 at 6:46 p.m. Planning and Zoning Commission November 13, 2023 2 of 2 PLANNING AND ZONING COMMISSION Chairperson Peter Gray ATTESTED AND PREPARED BY Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Planning and Zoning Commission, Fountain Hills in the Town Hall Council Chambers on November 13, 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this day of November 17, 2023. Paula Woodward, Executive Assistant TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 1 of 20 Post-Production File Town of Fountain Hills Planning and Zoning Commission Meeting Minutes November 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 NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 2 of 20 GRAY: All right. It is 6:02. This is the November 13th version of the Fountain Hills Planning and Zoning Commission. If you would, please rise 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. GRAY: Thank you. All right. In a little twist of events, under the supervision of the Chair, Commissioner Corey is going to run Agenda Items 2 through 9 for the commission this evening. Commissioner Corey? COREY: All right. Thank you, Chair. So, we'll start with a roll call. Paula, can we have a roll call? WOODWARD: Chairperson -- oh, excuse me. Chairperson Gray? Chairperson Gray? GRAY: Present. Your blue one's on. WOODWARD: Chairperson -- nothing's on -- GRAY: Take the blue one off, put the red one on, maybe. There you go. WOODWARD: Chairperson Gray? GRAY: Present. WOODWARD: Vice-chair Watts? WATTS: Present. WOODWARD: Commissioner Corey? COREY: Here. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Here. WOODWARD: And Commissioner Schlossberg and Dapaah and Dempster are not present. GRAY: I believe Commissioner Dapaah, just by cell, said he was going to try and dial into us here. So, we may -- WOODWARD: Oh. GRAY: -- we may add him over time here. TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 3 of 20 WOODWARD: Okay. Thank you. COREY: All right. Moving on to call to the public. Paula, do we have anyone from the public that wishes to speak? WOODWARD: No, Commissioner Corey. COREY: All right. And Agenda Item 4, consideration and possible action approving regular meeting minutes for the Planning and Zoning meeting in September. However, there's just been a change there. The minutes are not ready yet. There -- were not posted so we can't technically vote on those, so we'll do that at the next meeting. Agenda Item Number 5 -- GRAY: Commissioner, would you like a motion to continue? Commissioner, I'll make a motion to continue Agenda Item 4 to the next scheduled meeting. COREY: Oh. Do we have a second? WATTS: Second. COREY: Thank you. WOODWARD: All in favor? COREY: And all in favor? ALL: Aye. COREY: Thank you. WOODWARD: 4-0. COREY: Item Number 5, this is the public hearing. This is consideration and possible action of ordinance 23-15, amending zoning ordinance section 1.12, definition and section 2.01, amendments, or zoning changes. And I'll -- and John, do we have a presentation? WESLEY: Chair, Commissioner Corey, yes, of course, we do. We have got to justify you coming all the way down here this evening. So, I'll make it as long as I can. So, as you're aware, Commissioners, been -- embarked on the process of reviewing entire Chapter 2 of the Zoning ordinance, which is the procedures chapter. It lays out the various TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 4 of 20 procedures and processes to handle different types of applications. The Commission and Town Council have already reviewed and approved changes to section 2.02, Special Use Permits, and 2.04, Site Plans. Tonight, we will be discussing Section 2.01, which is rezonings and amending the zoning ordinance. We follow up over the next few months as we have time with 2.03, temporary use permits, and 2.07, appeals and variances. So slowly getting there. As we worked on this particular section, we were reminded that, back in the definition section, it still refers to community development director versus development services director. That was a organizational change that was made five or six years ago and thought it was time that we to correct that definition, also correct that title. And part of the reason for doing that too was we noticed that in the ordinance itself, several places we just refer to the director. And so we want to clarify that back in the definition to see director, it means development services director. So that's the first change that's included in the ordinance is that change in the definitions. Moving on then to the actual section of the ordinance. 2.01 deals with, again, amendments to the ordinance itself and zone changes on property. And to that'll become important a little bit later on. So, we talked about some of the different sections. As stated before, one of the goals here is to get a little bit more consistency amongst the different sections, try to organize them all so there's a standard sequence of subsections within them, use the same language as much as we can in different sections so that if you're reading one, reading another you don't get confused by why that might be different language, just trying to really accomplish the same thing. We've tried to follow the standard procedures that we use today and then also comply with state statutes. So we'll step through these. I'll go probably fairly quickly, but stop me if there's something have questions about that I don't cover enough. So Section 2(a) deals with the basic purpose. Slight adjustment here that also comes from some other sections. But previously, the code has allowed people within an area to petition for, apply for zone change even if they weren't the total owners of property, TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 5 of 20 and also allows the town to rezone other people's property. Given some changes in the state statute, that's really not a likelihood anymore. So I've reorganized this a little bit. Owners of property, or their authorized representative, may apply for a zone change. This is also a change that we'll see a little bit more later. But under the current code, an individual could apply for an amendment to the zoning ordinance text. We're eliminating that with his change. I've never seen that before, and it can be rather problematic if somebody wanted to come in and just randomly request changes to portions of the code. It's best if it comes from the Town Council, from the Commission, or from staff. It doesn't prohibit a citizen who has a concern from going to one of those bodies and pointing out the problem and requesting through them that a change be made. But here we're limited to, just then, the Town Council or the town being able to do the text changes. KOVACEVIC: And do you want questions as we go or do you want -- WESLEY: That's probably the best way to handle it, rather than try to remember and come back. KOVACEVIC: Okay. So what this -- what you're saying, though, is that right now, without this change, I could walk in and say, you know that property at the corner of Fifth and Main, I don't like the zoning there, I want it changed? WESLEY: No, what you could do is you could walk in and you could say, you know, I think the single-family residential districts ought to allow gas stations, and I'm going to submit this text amendment for you to process the Town Council requesting that you make that change to the text of the zoning ordinance. KOVACEVIC: Wow. WESLEY: Or whatever you want that -- KOVACEVIC: And so -- WESLEY: But if you don't like about the zoning ordinance text, you could request a change to it. GRAY: But there's -- there is a pretty hefty fee associated with that -- WESLEY: There is a -- it's -- do you remember what it is? It's a couple thousand dollars, I TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 6 of 20 think. GRAY: I mean, I wanted to -- WESLEY: So it's -- GRAY: -- change several areas of text, and I've been deterred by the fee. WESLEY: Yeah, so it's not really likely to happen willy-nilly because there is a fee that goes with it. But -- KOVACEVIC: So the -- it's -- so you have to have a ownership stake? WESLEY: Right, or be authorized by the owner to -- KOVACEVIC: Yeah. Okay. WESLEY: -- to make the actual change to property. KOVACEVIC: Thank you. WESLEY: Here we go to subsection B, which is actual application. So it requires the complete application -- GRAY: John, could I ask on the previous slide -- WESLEY: Oh, yes. GRAY: We've had a couple, I'd say, I guess, applicants. I'm not sure if it was directly related to this or not, but we've had some renters come in over time and have made their case. I don't know if they were the applicant or not. But do we define the authorized representative in the Chapter 1 somewhere? I mean, I guess my question is do we -- does a renter automatically qualify for as an authorized representative? WESLEY: No. GRAY: No. Okay. WESLEY: No. We need something from that owner, their signature saying, I've authorized this person to file this application, or something along that line. So in the application, the change here is consistent with the change we've made in other sections to recognize current processing using the electronic system that we have. And then again, here's some of that language allowing portions of property owners to submit applications that is being eliminated. Project narrative itself is not new but reorganized here a little bit, and more clearly TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 7 of 20 defined what we're looking for in that project narrative and some of the things that can go with that. And this -- and these provisions here were located elsewhere in the current code and relocated here and be part of the project narrative. Tentative development plan, again, it's a current requirement, but we've reorganized and restated it a little bit in trying to be more specific that if you are actually going to develop property when you -- as part of that rezoning, we do want a tentative development plan. If you're rezoning and the buildings there are not changing, the building you just want different uses that are allowed, then we don't need a development plan. But if you're doing anything that's going to change the land. then we need that tentative development plan to come with it. And then subsequent site plans will need to be similar to that tentative development plan. They don't have to match exactly because as you get into details, things can change a little bit. But if your concept changes significantly, then you're back to consideration of the zoning itself. COREY: And it looks like we might have a couple -- Commissioner, do you have a question? WATTS: Yeah. I'm curious. On 3, right below D which is 5 stricken, off-street parking, why was that stricken -- why was it there in the first place? And then why is it now stricken? Because off-street parking has such an impact on the overall project -- can have an impact on it. So can you explain why and why not? WESLEY: So the off-street parking is not really -- it's not calculated into the parking requirements for development. It's only the land itself that counts towards that required parking. So the off-street parking doesn't really matter. WATTS: Why was it there originally, then? WESLEY: I don't know. WATTS: You just were fixing it? WESLEY: Right. WATTS: Okay. WESLEY: But did add -- the one thing we added was the preliminary landscape plan. We talked about that before when we talked about the special use permits and brought TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 8 of 20 that language over here also to make sure we get that concept of what they're going to do with the landscaping on the site. WATTS: Okay. Thank you. WESLEY: And the other items being struck here are included elsewhere. And then of course, we've added the citizen participation requirement. It's not in the current code, so brought that in. List of names of property owners, that should be located from elsewhere in the code. And in the filing fee, I didn't pull in the full paragraph there, but just added that heading, filing fee. Chairman Gray? GRAY: John, in, let's see, 1B, tentative development plan, on B1 topographical descriptions showing existing and proposed grades, do we need to dial that into a -- an interval of five feet or even ten? WESLEY: We do that when we get to the site plan. We don't necessarily require it to be that specific here at this stage. Commissioner Watts? WATTS: I think I'm premature. I'm waiting for section C. WESLEY: Okay. WATTS: So once we get to that -- WESLEY: Okay. WATTS: -- then I'll have a question. WESLEY: I think we're almost there. There are some things that we struck out, again, mostly being relocated elsewhere within the ordinance. C, again, the section on reviews is the same as we've added in the other section, particularly the special use permit, same language copied over. WATTS: So C's where I thought that throughout there's a -- there's -- a good job been done on timelines. But C is open-ended. When we talk about applicants being notified of missing or incomplete items, what is the duration of, I'll call it, the pre-bid, pre-work on an application and how long should that take? And should we have a timeline in this TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 9 of 20 particular section? WESLEY: Not sure to say chair or commissioner. So we have a policy timeline that we adopt every year, or establish internally, that gives us typically two weeks from date of application receipt to staff providing first comments back. WATTS: Should we identify that in this section, though, so it's clear? Because it's clear everywhere else what the timelines are. WESLEY: Right. And so it gets challenging to be too specific about it because different applicants will have different time constraints they're under, different issues they're involved in. The item that you're going to have on your application -- on your agenda next month most likely was submitted, I don't know, four or five months ago, and they have taken their time in in terms of pushing it forward. And some things are more complicated and take a little longer than others to review. And so we don't want to hamstring ourselves by putting something too rigid into the ordinance this early in the process. WATTS: Well, I can certainly understand when an applicant drags their feet, but I'm not so sure I understand. When we're not able to do a plan review or an application review within a certain period of time at a high level, we're not getting into the granularity at that point. But the missing components, should that -- should there be an accountability component is what I'm looking for. WESLEY: Again, we can go back and try to look for something along that line if you'd like. It's worked well. I don't have any issues with the way it's -- it works. Most like -- most times, it really is that give and take between staff and the applicants, not that we're dragging our feet. But we -- as we are reviewing and getting those comments together, we have discussions if we see issues or problems before we might finish a first review. And again that can take a little bit longer sometimes than others to do. WATTS: So if you say that -- and I think I understood you said it takes a couple weeks normally. If we gave if we gave a 30-day maximum where there has to be some sort of communication back to the applicant, either what the deficiencies are in the application or the missing components in some manner, would that be reasonable? TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 10 of 20 WESLEY: In most cases, it would be. We do have the regulatory Bill of Rights time frames that we operate under that are really rather lengthy, but they're still there in place, that if we don't meet those time frames, things are automatically approved. So that -- that's motivation that's out there already. WATTS: Okay. Thank you. WESLEY: Paula? WOODWARD: Commissioner Corey, Chairman Gray, Director Wesley, don't we have the time frames in Citizenserve where it prompts us when we take in an application, when I assign that application to whomever is going to be the case reviewer, they have what's like 7 days or sometimes it's 14 days? So it's all tracked online electronically, which is really helpful because you can see if something hasn't been touched. But also it's tracked for the applicant to look at it as well. So I don't know if that answers questions for you. I also will forward the timeline that we use when we meet with an applicant, like you said, the pre-application process, to give them idea of, depending upon what the application is, what the time frame would be, provided that they're giving all the correct submittal information. WATTS: So then maybe just a reference to that timeline here so that it's clear where to go. Because if you're looking at an ordinance and the content of the ordinance -- WOODWARD: Yeah. WATTS: -- without any reference to some timeline that exists -- because the timelines exist in other portions of this ordinance and are very clear. Even if we had some sort of reference to your -- the timeline that you're referencing to, that -- I think that would be sufficient, then some -- everybody know. WESLEY: Commissioner Kovacevic? KOVACEVIC: So Commissioner Watts, then you'd lock us to -- in 1 and/or 2, look for a place to appropriately add in the language per standard review timelines or something -- language along that line to reference that? WATTS: Yes. Whatever the timeline, however it's referred to that Paula referenced, then then that'd be satisfactory, then you'd have something definitive. This is just, on TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 11 of 20 the surface, pretty open. I'd like to see something more definitive, so that would be acceptable. WESLEY: Okay COREY: All right. Thanks, John. WESLEY: Thanks. So moving on to the last part of C, this is the part that does have the more specific time frames in it, I think that we're looking at. So if no other questions on review, we go to D. notice. Again, most of this is the same as it is today, just reorganized. A bit -- a few changes clarifying that we can provide one notice for both PNZ and Council, which is what we typically do anyway. It also divides out the notice requirements for zone changes versus text amendments a little bit more clearly. And the current ordinance provides some modifications of the type of notice that we might use, depending upon some different criteria for types of applications. In my history here we've always done all three types of notification for every case. We post the site, we mail the notice to property owners within 300 feet, and we publish it in the paper. And so that makes it clear, you don't have to worry about do I do this one this time or that one that time; do all three every time, and then we know that we've covered all the bases. So that's what the ordinance is being slightly adjusted to require every time. The one change that we are making here is that instead of staff being responsible for going out and posting the property, we'll switch that to an applicant requirement to do. We did that with the special use permits. It's been working fine. So we modified the language here just a little bit so the applicant would have a little bit clearer direction on what should be on the sign that they need to create and post on the property. COREY: So John, quick question on that. So we would expect that the applicant is capable of installing the sign there? It's not some special type of post sign or something -- they can just -- WESLEY: Doesn't have to be. Some other communities use rather large signs. And they do -- it would be a big poster board sign. And there are companies there -- I think they go and make sure those are put in. The ones that we have used here traditionally and TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 12 of 20 can still be done with these -- use the little wire frames that you can push into the ground. In fact, we would -- we have, with a special use permit, allowed the applicant to come get one of our signs and put the stuff on themselves and post themselves. COREY: Okay. WESLEY: We could still do that here. COREY: Okay. Chairman Gray? GRAY: No reservations with applicants being late with their postings or does Code Enforcement then go around and val -- they do? They'll validate? WESLEY: And so here's the last piece of that, with a mailed notice to property owners within 300 feet. And then, if it's amendments to the zoning ordinance, it's published in the paper, but it has a requirement for the eighth-full-page display ad. Now, if somebody has asked to be notified through mail, then we would do that also. WATTS: Is that new, the $5 fee to be notified? WESLEY: No. WATTS: That's been there before? WESLEY: Yes. WATTS: Okay. WOODWARD: May I interject regarding fees? You asked about the rezoning fees. They're $3,620 for the first five acres, $725 per acre thereafter. And then a special use permit's $2,000; a site plan review is $680 for the first five acres and then $130 thereafter. So the rezone is really the one that's the $3,620. WESLEY: So some things that we moved from the section on hearings, there was a situation where someone other than the property owner could request a rezone. We don't do that, so we remove that language. In the current 201C, 4, 5, and 6 -- and that's what I was referencing a minute ago -- there are some criteria there where could -- we could use different notice provisions depending upon what the cri -- situation was. We've just removed all that and just do the same notice for every type of application. TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 13 of 20 And then also going on in the notice, if a -- clarifies what we already do again. If we send out the notice, you hold the hearing. You continue it to a date certain. New notice is not required; you just continue that hearing. And then we get into the hearings themselves. And again, most of this language is the same, reorganized, or has been similar to what we put into the section on special use permits. Then we have a section that's unique to rezonings. It's about the effect of written protest and what constitutes what's often called a legal protest. It requires a supermajority of the council to approve it if we get a written protest that meets these criteria. The state amended the statute requirements for this several years ago. The town stat -- the town ordinance was never updated to be consistent with the state statutes. So at this point, that's what we're proposing to do, is adopt what's in the state statutes. And this is kind of what it would look like in a case. So if I have that parcel there in the middle, number 2 and I'm wanting to rezone from something to something, the property owners within 150 feet are eligible then to submit a petition and protest. In this -- per the state statute you use all the area that within 150 feet, as well as the subject property. You get that total land area; you get the total number of lots. And then to be a legal protest, you have to have both 20 percent of the area and 20 percent of the properties protesting. And so in this case, it would take three property owners owning at least 55,130 square feet to get at that bar of being a protest that would require, then, a supermajority. So for example, the four property owners across the street, even though that's four, it's more than three, they don't have 55,000 feet of land. So that wouldn't be sufficient if it was only those four protesting. Or if it were the one immediately to, I'll say, the east there, that lot number 3, and maybe the one right next to it, that lot number 38, if it were those two lots together, they're probably more than 55,000 square feet, but it's only two owners. So that wouldn't be sufficient. You'd have to have both area and owners. TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 14 of 20 COREY: Looks like we might have some questions here. Commissioner Watts? WATTS: I'm curious. So if the green area touches a lot, any portion of a lot, then they're included? WESLEY: Right. WATTS: Okay. WESLEY: As far as the number of lots. But it's only that portion that's within the green that is part of the area of calculation. WATTS: That's a square footage. That's -- so it's a cumulative thing for all the lots, but the owners have a vote based upon ownership -- WESLEY: Right. WATTS: -- not necessarily square footage? WESLEY: Correct. WATTS: Okay. Thanks. COREY: Commissioner Kovacevic? KOVACEVIC: Yeah. So just so I understand -- I'm going to dive into the weeds here. So there's -- the green area is 215,650 feet in this example, right? WESLEY: Correct. KOVACEVIC: So the balance of lot 4, 5, 6, 39, 40, 36, and 37 would make up the difference between 215 and 276? WESLEY: No, it's only -- it's the yellow area in the middle that make up makes up that difference because you count the area being rezoned also. KOVACEVIC: So if I'm on Lot 5, am I just -- do I just represent the green area or the whole lot? WESLEY: Just the green area. WATTS: Oh, I didn't interpret it that way. I don't like that. WESLEY: That's what the state statute says. KOVACEVIC: Okay. So lots 4, 5, and -- 4, 5, 6, and 7 aren't -- I mean, they can't -- WESLEY: See, so you get to the number that you need. You need at least three in this TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 15 of 20 case; you have four that won't have the area. KOVACEVIC: Wait. Say that again. I'm sorry. WESLEY: You have to have both area and number. KOVACEVIC: Right. WESLEY: And so they would have the number of owners because that's more than 20 percent. You only need three owners in this example. So you got four owners, so they meet that criteria, but they won't have the 55,000 square feet of land that they -- within green area. KOVACEVIC: Right. So I mean, you really need lot 3 or, you know, somebody that has a lot of the property? WESLEY: Makes it easier. KOVACEVIC: Okay. I understand now. Thank you. COREY: So -- and I think that makes sense because you wouldn't want, say, lot 5 and 6 to have the same vote, if you will, as the owner of lot 3 because they're closer to that property, right? Is that what we're -- why we're doing it this way? WESLEY: We're doing it this way because it's what state statute tells us to do. COREY: John, do you have an example of what it looked like before this? WESLEY: No, I did not prepare one. It's -- it was similar, but it's been a while since I've applied it to remember the exact differences. COREY: Okay. WESLEY: I think it was -- I think the main difference is it's in -- just on any one side of 20 percent. COREY: Okay. WESLEY: I think it separated either area. It might have only been area. COREY: Okay. Chairman Gray? GRAY: It's too far into the weeds, but I remember when there was a three-story 600- foot-long nursing home that was going to go in where the Fountain Hills Medical Center was, and the adjacent residents had gathered up, like, a 70 percent participation rate in TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 16 of 20 a protest. And it was thrown out by the development director at the time as not being conforming with statute. So I think -- I think the old language used to read quantity of -- it wasn't area driven, but was quantity of within 150 feet. And the state must have preempted between -- prior to that hearing, anyway. WESLEY: Right. Yeah, this has been in in statute for a number of years, so I'm kind of surprised it had -- never had been updated here. GRAY: I mean, for what it's worth, I don't really think it's fair to lots 4, 5, and 6 to have only their front porch count, but preemption is preemption at the end of the day. WATTS: John, is there any flexibility on changing the square? I mean, we've got rounded corners, so it kind of implies that we can move that around a little bit. So could an applicant massage the numbers to get the -- to the percentage of that square footage in addition to the number of participants? WESLEY: So not sure this is exactly what you're asking, but I'll answer it this way and we'll see. First of all, in this example, I couldn't really round my corners correctly because I didn't get our GIS guy -- WATTS: Right. WESLEY: -- to do them for me. So those are actually kind of small on the radius in what they'd actually be. That's not probably 150-foot radius. But -- so it is possible that an applicant, if they think they're going to have challenges, would look at ways to massage the area that they are zoning so that it would make it less likely if they knew -- if this were possible, if the land area were big enough, they knew, well, this person that owns Lot 3 is going to protest me, so I'm not going to zone the eastern 100 feet of my property. So that pushes them out of, you know, any or some of their area, that type of thing. They can do that. It has been done. I've seen in some cases that type of thing. WATTS: Yeah, I think going back to the 150 feet, keeping that in mind that there's an anchor point and from that anchor point the 150 feet goes out, so I understand why you can't get the square corner, so to speak. But the graphics part is different, so makes sense. Thank you. COREY: Chairman Gray? TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 17 of 20 GRAY: Just because it's fun, is there any precedent to jump the public right of way? Wouldn't, you know, basically consider that null and extend that 150 feet further up lots 3, 4, 5, and 6? WESLEY: So yes, I struggle with that too, and it seems like either you do that or you -- it's public, so you count it pro and con, or you do something with it. Here's what the statute says: the area within 150 feet, including all rights of way. So it's very clear in the statute. GRAY: Okay. WESLEY: Moving on, then, to actions. So this was, again, just a little bit, but it's still pretty much the same as it is today. Section on your action as a zoning commission to recommend approval, approval conditions denial. We have increased the amount of continuance time from 60 days to 90 days. We did that with the special use permits because we've seen -- while 60 days maybe sounds like a lot, once somebody, you know, goes to looking at it and gets back for staff review and preparing a report, 60 days goes very fast, so we want to make sure we have ample time for that and then including the rationale for the recommendation. Town Council, again, can approve, deny, send back the Planning and Zoning Commission. COREY: So John, I'm just curious, did you hear any feedback that the 60 days was too short or are you just trying to follow, like, more guidelines that are available to you, or did you hear from people that it was -- yeah, sure. WESLEY: Chair, Commissioners, as we have experienced this with some of the bigger cases that we've had, and if you think back to the Daybreak case in particular, it seems like that there was a desire to continue, but we were kind of hamstring by that 60 days to act and didn't really give us enough time to do the work that was needed. COREY: Okay, thanks. WESLEY: Let's see. So actions. So the -- if the development does not occur, if the -- if the Town Council puts a time limit on it, when the project needs to start, if it does not occur within that time, then we can go back through same rezoning-type process with notice to a hearing to revert the property back to its former designation. TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 18 of 20 WATTS: Does the applicant have any recourse for an extension to stop that reversal of the zoning? WESLEY: It's a public hearing, so they can come and argue their case to the Council and say, here's what the problem's been and why I haven't been able to move forward; I still plan to. And Council can then decide whether to revert it or not revert it. WATTS: But there's no other process other than appealing to the Council? WESLEY: Right. WATTS: Okay. WESLEY: Again, that's if the -- there was a timeline adopted -- a schedule adopted with the zoning. If there wasn't one, then there -- this doesn't apply. So again, the property I think that Chairman Gray referred to earlier there at Trevino and Saguaro, we had that situation on that property where they had certain time to get it zoned or it would revert, and we did that there. And then lastly in the ordinance, Section H, reconsiderations, no change to that section. There was a section about exceptions for signatures, for text amendments; that's not needed under the rewording, so it's deleted. And then requirements for rezone for open space was not changed. And so staff recommends approval. COREY: All right. Thank you, John. Commissioners, do we have any additional questions? And Paula, was there anyone from the public who wishes to speak? WOODWARD: No, Commissioner Corey. COREY: Okay. WESLEY: Well, I guess, in summary, then, Chair, it sounds like of the language on the review -- we'll look for a place to kind of tweak that language just a little bit to hold our feet to the fire on a time frame there. And so that'd be part of a motion if you're ready to make one for -- COREY: Yep. Thank you, John. I think that specifically was adding verbiage for the standard review timeline? TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 19 of 20 WESLEY: Correct. COREY: Okay. All right. So we will close the public hearing. And do we have a consideration for approving the changes? We have a motion? WATTS: I move to approve with a stipulation to add the timeline for the review -- COREY: Do we -- WATTS: -- otherwise as stated. COREY: All right. Thank you. Do we have a second? KOVACEVIC: I'll second. COREY: Thanks. Paula, can we have a roll call? WOODWARD: Commissioner Kovacevic? KOVACEVIC: Yes. WOODWARD: Commissioner Watts? WATTS: Yes. WOODWARD: Chairman Gray? GRAY: Aye. WOODWARD: Commissioner Corey? COREY: Aye. WOODWARD: 4-0. COREY: Thank you, Paula. All right. Moving on to agenda item number 6, commission discussion requests for research to staff. Commissioners, do we have any topics? I keep getting misled by your red light over there. All right. Agenda item 7, summary of commission requests from the development services director. Do you have anything for us, John? WESLEY: No summaries of your requests because I didn't hear any, but I do have a report when we get to number 8. TOWN OF FOUNTAIN HILLS NOVEMBER 13, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 20 of 20 COREY: All right. Number 8, report from the development services director. John? WESLEY: Okay. So we do anticipate at this point that you will have a December meeting. At this point, we've gotten the remaining parts of the application in for the rezoning next to the Target store. And so again we anticipate that being your December meeting. KOVACEVIC: Rezoning next to which store? WESLEY: Part -- the Target -- KOVACEVIC: Oh . WESLEY: -- shopping center. KOVACEVIC: Okay. WESLEY: There at Four Peaks Plaza. WATTS: And that rezoning is for what rezoning? What -- the classification, do you know at this point? WESLEY: The rezone to PUD or PAD, planned area development. WATTS: So multi-family, then? WESLEY: Well, it could be anything but as a PAD. But yes, that's what they're requesting the PAD for is a multi-family. WATTS: Got you. Thank you. WESLEY: There's a second component to it dealing with signage. COREY: Okay. Well, looking forward to that. And if we have nothing else, then we will adjourn the meeting. Thank you, everyone. ITEM 5. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/11/2023 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Planning and Zoning Commission (Agenda Language):  HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: REZONE approximately 6.7 acres generally located at the southeast corner of Shea Blvd. and Technology Drive (site address: 16815 E. Shea Blvd) from C-2 P.U.D (Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to allow for development consisting of 316-unit, 4-story residential community. Staff Summary (Background) Introduction Sandor Development has submitted a rezone request for a 6.7-acre portion of Four Peaks Plaza (also known as the Target center) located at the southeast corner of Shea Blvd. and Technology Drive. The subject property, currently consisting of three parcels, is the site for a proposed four-story, 316-unit, wrap residential community.  The existing zoning is primarily C-2 (Intermediate Commercial) and overlaid by a Planned Unit Development (P.U.D). Although undevelopable, the Cereus Wash to the north, running parallel to Shea Blvd., is zoned IND-1 (Planned Industrial) and is included in the zone change request. The proposed community will consist of 1, 2, 3-bedroom unit configurations with an overall density of approximately 47 dwelling units per acre. The developer's intent is to redevelop this portion of the commercial center, which is largely vacant, with new housing opportunities and add to Fountain Hills' diverse inventory of residential options. Section 23.06 of the Fountain Hills Zoning Ordinance (FHZO) establishes the requirements and standards for a Planned Area Development (PAD) application.  Part of the approval of the PAD zoning designation is approval of a Development Plan for the property.  Section 23.06 C lists the following requirements for a Development Plan:  The town-approved version of the Site Plan submitted according to Subsection 23.07(B); The master water, sewer, and drainage plans and the traffic analysis as required by Subsection 23.07(C); The project narrative provided according to Subsection 2.04(C); and, The phasing plan submitted according to Subsection 2.04(C). Existing Conditions The 6.7-acre subject property is bound by Shea Blvd. and single family homes approximately 400 feet to the north, industrial zoned property to the west and south, and the balance of Four Peaks Plaza to the east, including the Target store. Although zoned for IND-1 (Planned Industrial), the property directly to the west is a Town-owned tract and remains undeveloped. The General Plan accurately describes the Shea Corridor as "low intensity, auto-oriented, strip retail development" with buildings of "one story and setback from the street in parking areas with limited interconnectivity". The subject property is part of the 29-acre Four Peaks Plaza, which is anchored by Target and supported by other retail establishments including PetSmart, Dollar Tree, and Bealls Outlet. Restaurant establishments include Streets of New York and Subway. Although several businesses continue to operate throughout the center, a large portion of the plaza has remained vacant for several years, and some suites have remained unoccupied since they became available for lease in the early 2000s. The subject property is completely graded and gently slopes down toward the drainage channel to the north.  The largest of the three lots within the subject property is 4.5 acres and contains a 40,000 (approx.) commercial pad building with a total of 13 commercial suites. Only two of these units are currently occupied by tenants, including the Dollar Tree and a nail salon, but the remaining units are vacant and have remained unoccupied over the past few years. There is also a 3,300 sq. ft. (approx.) vacant commercial pad building adjacent to the drainage channel along Shea Blvd., which is also adjacent to an unbuilt commercial parcel. Surface parking is provided for the subject property and is shared with the rest of Four Peaks Plaza to the east. There is an existing reclaimed water line which crosses this property that will need to be relocated should this project be approved and moved forward. Proposed Redevelopment and Site Plan Section 23.07 B of the FHZO states:   "The P.A.D. zoning district may only be developed in accordance with an approved Site Plan prepared and approved according to Section 2.04 of this Zoning Ordinance." Due largely to the challenging market conditions that have significantly impacted Four Peaks Plaza, Sandor Development envisions a complete redevelopment of the western portion of the plaza as detailed in their site plan, included under Tab D of the attached applicant narrative. The site plan and accompanying architectural elevations proposes a four-story, 316-unit residential community. Under the working title "Village at Four Peaks", the development will be a wrap residential community, as the four levels will "wrap" around the parking structure, thus virtually hiding it from adjacent streets. The proposed architecture is inspired by the Scottsdale Waterfront, a luxury development along the canal waterfront, which represents a Mediterranean vernacular style and muted earth tones consistent with an Arizona desert color palette. The proposed building is designed with four-sided architecture and massing and roof line that is highly varied. Building heights will vary between 49 and 55 feet from the finished floor in order to provide roof line variation. A diverse combination of materials, colors and textures will be applied to provide a distinct architectural character. Direct access to the parking garage will be provided off of Technology Drive, while Shea Boulevard will provide access to the entrance and surface parking. Additional access for emergency vehicles, refuse vehicles and pedestrians will be provided along the east, adjacent to Target and the balance of Four Peaks Plaza. Resident parking will be provided primarily within the parking structure and will consist of 498 spaces. A total of 63 parking spaces will also be provided, for a grand total of 561 spaces. Under the current zoning ordinance, a multifamily development of this type would require a total of 637 total current zoning ordinance, a multifamily development of this type would require a total of 637 total parking spaces, but the applicant highlights the fact that the Town's parking requirements are higher than both Phoenix and Scottsdale, while the PAD's requirements are higher than both these cities and are based on more modern transportation practices. The property will be developed in one phase. Apartments will consist of one, two and three bedroom units, ranging in size from 760 to 1,200 square feet. With a total of 316 units, density will reach 47 d.u./acre. The development also provides approximately 25% total open space, roughly 2.23 acres or 97,300 square feet overall, exceeding the minimum open space requirement of 15% open space. The parking area requires landscaped area and screening equivalent to 5% of the parking area, but the provided landscaped area is equivalent to 35% of the parking area. The development will include large landscape areas around the building and will feature two interior courtyards for exclusive use by the residents. The PAD development standards most closely resemble those of the R-5 multifamily zoning district and are detailed in Table A on page 6 of the applicant's narrative. In the event that the property is not developed into multi-family apartments, the PAD includes a request to continue to allow uses listed under C-2 (Intermediate Commercial), while maintaining the aforementioned development standards. However, should there be substantial changes to the site plan currently provided, the applicant will provide a modified site plan and seek Town Council approval. Citizen Participation The developer held two neighborhood meetings at the site on June 21 and September 18 of this year to discuss the PAD request. Each meeting was attended by approximately three residents. The attached Citizen Participation Report details the concerns that were raised at each meeting and how they were addressed. No explicit opposition was expressed by any of the attendees. A letter of support was provided by the Board of Directors at the Fountain Hills Chamber of Commerce and is included at the end of the Report. Staff received a letter of opposition, dated September 28, from an owner of four businesses, all of which are located west of the southern portion of the subject property and across Technology Drive. The business owner cited concerns regarding compatibility between the development and the neighboring industrial uses and existing truck traffic along Technology Drive. Over the past summer, staff received a voice message from an opposing resident on Trevino Drive to the north, citing concerns over the scale of the project. Staff returned the call with a voice message but received no further calls from the residents. Analysis The 2020 General Plan designates the subject property as part of the Shea Corridor and states that infill and redevelopment should be the focus for this area: "This auto-oriented area should be guided through a redevelopment process to create a more welcoming image to the Town. Overbuilt retail areas should be redeveloped with a greater mix of uses, including some multi-residential development that is geared to creating an integrated, mixed-use environment." Also, with regard to design, the General Plan states: As part of increasing the mix of uses, building heights may increase. Non-residential uses which abut residential areas must always provide an adequate buffer or transition zone. Staff believes the proposed PAD for the Village at Four Peaks is largely consistent with these General Plan provisions. Its location between industrial businesses to the south, retail and service establishments to the east, and single-family homes across Shea Boulevard to the north make the subject property a suitable location for a multi-family residential community of this scale. Furthermore, the development aims to support local business by providing a housing product more suitable for young professionals, teachers, health care professionals and a similar workforce that would otherwise commonly commute to Fountain Hills for employment. Staff is supportive of the site plan as presented, as it provides a residential development opportunity in a struggling commercial center, while also proposing a site design that supports the existing businesses with new housing opportunities and better pedestrian connectivity. Staff has expressed concerns regarding the massing proposed by the four-story nature of the development. With a maximum height of 55 feet, the Village at Four Peaks will be the tallest building in Fountain Hills. However, the visual impacts are mitigated by the fact that the nearest residential properties are located approximately 400 feet to the north, across both Shea Boulevard and Trevino Drive. The applicant has provided line-of-site drawings (attached) to illustrate how the development might appear from the neighborhood to the north, which appears to show that major viewsheds are minimally affected. Furthermore, the far southern portion of the development, and particularly the upper floors, might be overlooking the industrial developments to the southeast. This is mitigated in part by the proposed landscaping illustrated by the landscape plan under Tab I. The proposal provides 498 parking spaces compared to our ordinance requirement for 561 spaces.  The justifications presented include a comparison with the parking requirements in Phoenix and Scottsdale, the proximity of the adjacent retail and restaurant uses, and the idea that ride-share services reduce the need for individual vehicle ownership.  Staff is not fully convinced those factors will play a significant role in the need for vehicle parking at this location.  Phoenix and Scottsdale are more urban than Fountain Hills and data has not been presented to show that ride-share services provide a significant benefit in Fountain Hills.  The target residents for this development are young professionals who will need to have vehicles to drive to their places of employment.  Staff is not opposed to some reduction, and could support the number proposed pending Commission discussion and findings. The applicant included a Traffic Impact Study with their submittal.  That TIS measured traffic and transportation impacts of the proposed development on surrounding streets and intersections. The study concluded that the proposed development would generate fewer trips than the existing, approved land use in the PM peak hour and on a daily basis and to generate 22 more trips in the AM peak hour. The executive summary of the TIS is attached for your review.   Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.01, Amendments or Zone Change Zoning Ordinance Section 2.01, Amendments or Zone Change Zoning Ordinance Section 2.08, Citizen Participation Zoning Ordinance Chapter 19, Architectural Review Guidelines Zoning Ordinance Chapter 23, Planned Area Development (PAD) District 2020 General Plan, Thriving Neighborhoods and Character Areas Risk Analysis Approval of the Village at Four Peaks PAD (ORD 24-01) will rezone the 6.7 acre property from the current C-2 P.U.D and IND-1 zoning district designations and allow development in accordance with the adopted Village at Four Peaks PAD Development Plan.   Denial of the application will keep the property zoned C-2 P.U.D. and IND-1 for future commercial development.  Given the amount of commercial space available in the area, this is unlikely to attract any additional commercial tenants in the near future.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff supports a recommendation for approval of the rezone request to Village at Four Peaks PAD with the associated development plan with stipulations listed with the suggested motion. SUGGESTED MOTION MOVE to approve the Rezone from C-2 P.U.D (Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to Village at Four Peaks PAD (Planned Area Development) to allow for development consisting of 316-unit, 4-story residential apartments, subject to the following conditions:  Ensure compliance with the Village at Four Peaks Development Plan approved with this PAD, except as modified below. 1. Ensure compliance with all the Town’s adopted codes, requirements, standards and regulations, except as specifically stated and approved in the Village at Four Peaks PAD Development Plan. 2. Include relocation of the reclaimed waterline with the construction plans and obtain approval from Fountain Hills Sanitary District. 3. Attachments Case Map  The Villages at Four Peaks PAD  Citizen Participation Report  Opposition Letter  Site Line Rendering from Trevino Dr.  Traffic Impact Statement Summary  P&Z Commission Case Map Case Details CASE: RZ23-002 SITE / ADDRESS: 16815 E. Shea Blvd. APN: 176-09-486; 487; 488 REQUEST: REZONE of approximately 6.7 acres generally located at the southeast corner of Shea Blvd. and Technology Drive (site address: 16815 E. Shea Blvd) from C-2 P.U.D – Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to allow for development consisting of 316-unit, 4-story residential community. Site Location Village at Four Peaks Planned Area Development Narrative Rezoning Case No. RZ23-000002 Third Submittal: November 2023 Second Submittal: July 2023 First Submittal: March 2023 Page | 2 Development Team Applicant Withey Morris Baugh, PLC 2525 E. Arizona Biltmore Circle Ste. A-212 Phoenix, AZ 85016 Attorney: Jason Morris Land Use Planner: Stephanie Watney Email: jason@wmbattorneys.com Email: stephanie@wmbattorneys.com Phone: (602) 230-0600 https://www.wmbattorneys.com/ Developer Sandor Development 5725 North Scottsdale Road Suite C-195 Scottsdale, Arizona 85250 https://sandordev.com/ Architect Ayers Saint Gross 60 E. Rio Salado Parkway, Suite 701 Tempe, AZ 85281 (480) 921-1515 Main https://ayerssaintgross.com Engineer Kimley Horn 1001 W. Southern Avenue, Suite 131 Mesa, Arizona 85210 Phone: (480) 207-2666 https://www.kimley-horn.com/ Page | 3 TABLE OF CONTENTS A. Introduction ..................................................................................................................................... 4 B. Property Description ........................................................................................................................ 4 C. Project Description .......................................................................................................................... 5 D. Request / Proposed Land Use Map ................................................................................................. 5 E. PAD Permitted Uses ......................................................................................................................... 5 F. Development Standards .................................................................................................................. 6 G. Site Development Concept Objectives ............................................................................................ 8 a. Residential Design Philosophy / Environmental Quality / Site Layout ...................................... 8 b. Orderly Transitions .................................................................................................................. 13 H. Infrastructure / Community Facilities Impact ................................................................................ 14 I. General Plan Conformance ............................................................................................................ 15 J. Conclusion ...................................................................................................................................... 17 LIST OF EXHIBITS A. Site Context Maps B. General Plan Land Use Map C. Existing and Proposed Zoning Map D. Conceptual Site Plan E. Conceptual Rendered Site Plan F. Conceptual Renderings G. Conceptual Architectural Elevations H. Conceptual Color and Material Board I. Conceptual Landscape Plan J. Conceptual Wall Plan K. Conceptual Refuse Plan L. Conceptual Open Space Plan M. Conceptual Master Water and Sewer Plan N. Conceptual Drainage Plan O. Comprehensive Sign Plan Page | 4 Village at Four Peaks Planned Area Development Narrative A. Introduction This Planned Area Development is for redevelopment of the approximately 6.7-acre property located at southeast corner of Shea Boulevard and Technology Drive (the “Property”) (See Exhibit A, Vicinity and Aerial Map). This PAD establishes site-specific permitted uses, as well as development standards and design criteria for a high quality 316-unit, 4-story wrap residential community (the “Community”). The proposed Community will provide new and diverse housing opportunities within the Town of Fountain Hills, which will accommodate a variety of lifestyles and life cycles. B. Property Description The Property is comprised of four (4) parcels that are bound by Shea Boulevard to the north and Technology Drive to the south/west; to the east is the remainder of the Four Peaks Plaza shopping center, which is anchored by a Target. Beyond Technology Drive are warehouses; and across the 250’ wide Shea Boulevard right-of-way are elevated acre lots with significantly set back homes. The Property consists of an irregular triangular geometry, with limited access points along all frontages. There is a significant slope along Shea Boulevard, which drops from west to east, and the Property also slopes to the south, resulting in a high retaining wall and no access along most of Technology Drive. Along the Shea frontage, there is a wide landscaped drainage channel separating the Property from the street which results in a lack of visibility into the site. The Property was developed for in-line retail with one drive-thru pad. Today, the drive-thru pad and most of the inline retail shops, which once boasted popular stores such as Pier 1 Imports, are vacant. As evidenced by the numerous “for lease” signs located throughout the Property, retail is significantly challenged at the Property. Among those, it is well known that retail shopping patterns have changed significantly in the past years, with online shopping becoming more prominent, and this trend has been exacerbated by the ongoing pandemic, with even the strongest brick-and-mortar retail struggling to bring in customers or to find or retain staff. Combined with Fountain Hills demographics (i.e. population density and part-time nature of residents), finding and keeping tenants within the Plaza has been extremely challenging. In its current state, the Property is in need of a necessary re-activation and redevelopment. Accordingly, this PAD seeks to provide a framework for the successful redevelopment of this property with appropriate, high quality uses which will complement and support the existing and future retail within Four Peaks Plaza, and provide a new and much needed housing opportunity within the Town. The proposed Village at Four Peaks community is in a unique location along a corridor anticipated for growth and the proposed development will be compatible with existing land use patterns in the area and help synergize the area. This site is a prime location for new residences which will in turn support other land uses. Page | 5 C. Project Description The intent of this PAD is to establish site-specific permitted uses, as well as development standards and design criteria for a new market-rate, multi-family residential community which will invigorate the subject site with new residences and support the needs of the surrounding area. This PAD proposes some modified development standards to accommodate site constraints including geometry and natural features challenges. Overall, these modifications result in superior site design, including minimization of surface parking which exacerbates urban heat island effect. The proposed community will provide a total of 316 units in 1, 2 and 3-bedroom unit configurations with an overall density of approximately 47 du/ac. The 1-bedroom units will be approximately 760 SF; the 2- bedroom units will be approximately 980 SF; and, the 3-bedroom units will include approximately 1200 square feet of livable area. The unit mix is almost evenly split between one and two-bedroom units, with a small number of 3-bedroom units. The buildings are 4 stories (ranging from 49 feet to 55 feet for architectural features) and wrap around a parking structure. This approach reduces the site area devoted to parking and results in more landscaped open space. This PAD provides superior design quality which is inspired by the Scottsdale Waterfront, a luxury development on the canal in downtown Scottsdale known for its successful mixed-use integration of retail, garage parking, and luxury multifamily residential. Please refer to the enclosed Architectural Renderings. The ultimate vision for the Property is to re-develop it with a quality residential use which will activate and help support the remaining retail within the Four Peaks Plaza while providing new housing opportunities suitable for young professionals (i.e. healthcare professionals, teachers, etc), which otherwise commonly commute to Fountain Hills for employment purposes; ‘empty nester’ residents who wish to stay in Fountain Hills; and, those looking for a lock-and-leave, maintenance-free lifestyle. D. Request / Proposed Land Use Map This application requests to rezone the Property from C-2 P.U.D. and IND-1 to PAD with underlying Multi- Family Residential (R-5) zoning. E. PAD Permitted Uses Permitted uses within this PAD include: • Multifamily units and those uses which are permitted in Section 11.02 of the Town of Fountain Hills Zoning Ordinance. • C-2 Intermediate Commercial Zoning District uses, in accordance with Chapter 12.02 of the Town of Fountain Hills Zoning Ordinance • Uses permitted with a special use permit or temporary use permit shall be in accordance with Section 11.03 and 11.04 of Town of Fountain Hills Zoning Ordinance. All uses not specifically provided for herein are prohibited, unless a subsequent determination by the Zoning Administrator finds a specific use to be an analogous use to a permitted use. Page | 6 F. Development Standards Development of the Community shall conform to the standards set forth in the R-5 Zoning District of the Town of Fountain Hills Zoning Ordinance and the standards set forth in this PAD. Where there is a discrepancy between the Zoning Ordinance and this PAD, the less restrictive provision shall apply. In the event that the Property is not developed with multi-family residential development, the existing C-2 Intermediate Zoning District standards shall apply per Section 12.13 of the Town of Fountain Hills Zoning Ordinance. Table A: Residential Development Standards Table R-5 District PAD Min. Lot Area (Sq. Feet) 6,000 6,000 Area/D.U. 224 Units: 1 unit for every 1,740 sf of gross site area 316 Units: 1 unit for every 1,230 sf gross site area Min. Width (Feet) 60 60 Max. Bldg Height (Feet) 30 55 (4 stories) Max. Bldg Length (Feet) 200 200 Minimum Yard Setbacks Front (Shea Blvd) Side (East, Plaza) Street Side (Technology Dr) Rear (Technology Dr) 30 10 30 30 30’ 15’ 30’ 30’ Lot Coverage 50% 45% Distance Between Bldgs (Feet) The horizontal separation must be at least equal to the vertical height of the highest adjacent building. N/A(1) Parking Spaces One-bedroom units: 1.5 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. One-bedroom units: 1.4 per dwelling unit Two bedroom units: 1.7 per unit Three bedroom units: 2 per dwelling unit Multiple dwellings shall also provide guest parking at a rate of .20 parking spaces per dwelling unit. Parking Dimensions 9’ x 18’ (Regular) 11’ x 19’ (Accessible) 9’ x 18’ (Regular)* 11’ x 19’ (Accessible) Open Space 15% 25% (1) Due to the design of the building as a wrapped structure surrounded by units, this development standard does not apply because there is one singular building rather than multiple buildings. *A two-foot-six-inch overhang is permitted for vehicle overhang of surface parked stalls. This overhang will count toward the minimum stall length. Page | 7 Deviation Justifications The Property consists of an irregular triangular geometry which encumbers the site layout and limits options for development. In addition, there are significant wash encumbrances that further impact the developable area of the Property (see Figure 1) and limits site access to the existing driveway, which bridges the drainage channel. After appropriate setbacks and buffering are incorporated, the dimensional site constraints become even more challenging, requiring creative site planning. To address these site constraints, this PAD provides a framework for a more site appropriate design and building type, which will include highly efficient structured parking, wrapped by a residential building. Parking is not proposed under the buildings, which will maintain a lower overall building height. This approach results in less than 10% of the site area being devoted to surface parking, which provides overall benefits including reduced urban heat island. Accordingly, to accommodate site-specific design and address the site constraints identified above, this PAD requests development standard deviations to allow some flexibility from the rigid multi-family zoning ordinance standards, which are generally applicable to garden style walk-up apartment development, a development option that is not conducive or feasible for the Property given the area and geometry limitations. The requested deviations for this building type include: Minimum Lot Area per Dwelling Unit, Maximum Building Height (Feet). An additional deviation is requested to right-size parking for the development, as the ordinance’s parking requirements do not address horizontal mixed-use scenarios, or modern transportation practices. Specifically, the proposed development is ideally situated adjacent to a commercial shopping center and is integrated with walking paths and facilities to promote pedestrian connectivity to the plaza, which provides access to a variety of services, retail and dining opportunities (existing and future), reducing the need for vehicular trips and thus parking demand. In addition, the existing ordinance standards for parking were adopted prior to the existence of transformative transportation options including rideshare (i.e. Uber and Lyft), autonomous vehicles and Zipcar, which provide alternatives to vehicle ownership. In response to ride sharing practices and/or autonomous vehicles, zoning codes are commonly being updated to address changes in transportation behavior where parking reductions are balanced with commensurate opportunities for rideshare facilities. Notably, the proposed PAD site plan accommodates generous areas for rideshare facilities (i.e. passenger loading zones and staging areas). Finally, the proposed parking has been well vetted to ensure marketability and functionality of the site. Part of this vetting included an analysis of parking requirements for proximate jurisdictions including Scottsdale and Phoenix versus that of the Town and the proposed site plan (see Figure 2). Figure 1: Wash Corridor Page | 8 Figure 2: Parking Analysis TOTAL REQUIRED RESIDENT SPACES TOTAL REQUIRED GUEST SPACES PER UNIT TOTAL REQUIRED SPACES OVERALL PARKING RATIO FOUNTAIN HILLS 557.5 79 636.5 2.01 SCOTTSDALE 480.6 52.7 533.3 1.69 PHOENIX 481.5 79 560.5 1.77 PROPOSED SITE PLAN 498 63 561 1.78 This parking ratio comparison shows that Fountain Hills parking requirements are higher than both Scottsdale and Phoenix requirements which would otherwise require parking ratios of 1.69 spaces per unit and 1.77 spaces per unit, respectively, versus the Fountain Hills requirement of over two spaces per unit for this development. The proposed PAD parking requirements (1.78 spaces per unit) are higher than required by Scottsdale and Phoenix, which indicates that the proposed ratios are reasonable and appropriate for this type of development, especially given the target market. The proposed development standards will ultimately provide a framework for the redevelopment of the Property with a more urban, pedestrian-friendly type of mixed-use development along a key transportation artery in a designated growth area. The redevelopment is anticipated to re-energize Four Peaks Plaza and provide meaningful new housing opportunities to the Fountain Hills workforce including teachers, nurses, first responders and more. G. Site Development Concept Objectives 1. Residential Design Philosophy / Environmental Quality / Site Layout a. Design and Architecture The proposed residential Community will provide new and diverse housing opportunities, offering options to accommodate a variety of lifestyles and transitions, from young graduates to retirees looking for a maintenance free, lock-and-leave lifestyle. The proposed building architecture is inspired by the Scottsdale Waterfront, a luxury development along the canal waterfront, which represents a sophisticated Mediterranean vernacular style and muted earth Page | 9 tones consistent with an Arizona desert color palette. The proposed community buildings are designed with four-sided architecture and massing and roof line that is highly varied. The exterior elevations are highly stylized with a classic expression (base, middle and cornice) and enhanced architectural embellishments including arches and columns, awnings and canopies, and tile, metal and stone accents. Conceptual elevations are provided herein. Architectural Elements and Details The elevations for the Community may utilize a variety of the following elements to enhance and diversify the community’s character, including but not limited to the following: 1. Recessed or projecting balconies and decorative railings 2. Awnings 3. Porches, Pergolas and Trellises 4. Columns 5. Decorative doors and windows 6. Exterior moldings 7. Clay tile roof and roof overhangs 8. Stucco 9. Wood or metal accents 10. Decorative lighting 11. Ledges 12. Arched openings 13. Masonry, brick or stone (load-bearing or decorative) 14. Tie and rod assembly metal canopies for shade 15. Reveal lines 16. Decorative metal fence panels for accent elements and/or plantings b. Environmental Quality The Community will achieve the following objectives to promote sustainable and compatible development. Site Design Objectives: • Locating common areas for gathering and recreation within the internal courtyards to lessen impacts on neighboring properties • Setting structure pads to work with the existing slopes and contours of the site and maximize view corridors • Matching adjacent grades to the extent possible to minimize impact on the rest of the Four Peaks Center tenants and users • Concealing cut slopes with buildings or hardscape features to minimize visual impacts from Shea Page | 10 Boulevard and neighboring properties • Balancing excavations to minimize the import and export of native soil • Salvaging trees, saguaros, ocotillos and other natural vegetation for integration back into the landscape to the extent possible • Reusing on-site materials where possible for aggregate base, erosion control and other landscape features • Burying all onsite utility distribution lines to enhance the visual appeal of the improvements • Designing for on-site management of storm water and surface runoff • Following a rigorous stormwater pollution prevention plan for erosion and runoff control during construction Building Design Objectives: • Blending the color palette of the architecture and built environment with the colors of the surrounding natural environment, while harmonizing with the existing Four Peaks Plaza development • Using an architectural design vernacular and materials suited to the desert climate with appropriate shading elements • Mixing materials and muted colors to break up building massing and add visual interest • Stepping building elements to create variety in the rooflines • Reducing asphalt paving by reducing parking areas and providing enhanced, decorative paving for the fire lane along the plaza side of the Community • Concealing structured parking within the residential building massing, and screening surface parking areas • Incorporating EV charging stations for electric vehicles • Utilizing predominantly low water, drought-resistant and native plant species • Utilizing shielded lighting to observe a dark sky policy and minimize impact of surrounding property • Wood burning fireplaces and outdoor fire pits will be prohibited c. Site Design & Placement of Structures The Property is an irregularly shaped triangular site and is encumbered by a significant wash along the north side. Adding to these challenges, the Property was originally graded as part of the overall shopping center development, resulting in most of the site being substantially lower than the surrounding streets requiring creative planning when siting the building pads. The building, which faces Shea Boulevard, is set back from the street with a zone of visitor parking and a wide landscaped buffer that protects views to the east. The main entry faces Shea Boulevard with a circular palm-lined drive. The Community’s ground floor has three different building pad elevations, stepping down to follow the existing slope from west to east, which minimizes retaining walls and built-up pads. Page | 11 The parking structure, which is interior to the development, is located proximate to the existing access driveway from Technology Drive. Housing units wrap the parking structure on all sides, so that only the actual grade level entrance/exit is visible on the building’s exterior. From the entry gate, the garage ramp extends down half a level, and up three additional levels, with the parking floors coordinating with the housing floors at the elevator lobbies (located at the west and east ends of the garage). Overall the building orientation is well suited to the climate, with the short ends facing east and west and the long sides facing north and south, where effective sun shading is more easily accomplished. The layout of the units will provide a variety of views and options for daylight to choose from. Two internal courtyards, one with the pool and active social space, and one designed to be quieter with extensive landscaping, offer units with the deepest shading. The building form has frequent changes in plane, a push and pull with changes of color, materials and articulation to break up the facades, and provide a sense of movement to create visual interest. These areas where the building steps in and out provide the units with additional windows and opportunities for exterior design features (balconies, arcades, arches, towers, stairways, etc.,) especially on the ground floor, which are integrated with the landscape and hardscape design. i. Access and Circulation The Community’s ‘front door’ is on Shea Boulevard, which retains the existing driveway, marked by a low stone sign monument with an arched gateway element. The gateway expression has a very residential ‘look’ and the steel arch reflects similar architectural arches at the building entrances and the parking garage. The entry driveway is improved with sidewalks on both sides (existing sidewalk is only on the west side of the drive). After crossing the existing drainage channel bridge, visitors are welcomed with a circular drive and drop-off/pick-up area at the Commons and building office. Visitor parking is provided in the landscaped parking areas along the street frontage close to the entrances. The primary resident and service vehicular access to the Community is proposed via the existing driveway from Technology Drive. A grade-level gate provides access to the multi-level garage for resident parking. The parking levels coordinate with the housing elevator lobbies, located at the northeast and southeast corners of the garage. A fire lane, with gates restricting access, is provided along the east perimeter of the Community, connecting to the existing service drive and fire lane along Technology Drive. The Community is planned to include meaningful pedestrian connections to each street frontage, with improved sidewalks connecting to existing detached, meandering sidewalks. Along Technology Drive, striped bike lanes offer residents an additional option for getting around, especially to the adjacent food and retail options. On the east edge of the Community, abutting the Plaza’s parking lot, a new perimeter wall is designed with open view fence sections to preserve views, and closed wall sections to screen service enclosures. The fire lane along this portion of the Community uses permeable decorative paving to create a walkable pedestrian mall with a planned pedestrian gate intended to connect to the Four Peaks Plaza in front of Target. This proposed connection into the Four Peaks Plaza shopping center is intended to create an opportunity for controlled pedestrian porosity, which will encourage residents to walk to the nearby shops and restaurants. This access point will be coordinated with Target pursuant to an existing reciprocal easement agreement, and any limits of that private agreement, as may be amended from time to time. In addition to the pedestrian mall there are several pedestrian walkways and landscaped courtyards along the east and north sides of the building which will serve as amenities for residents and their guests. Please refer to the enclosed Conceptual Site Plan. Page | 12 ii. Refuse and Recycling The site plan accommodates Community trash and recycling service by tucking gated masonry enclosures into the corners and edges of the site convenient to the units, with walkways for easy access by residents. These enclosures are sized to accommodate a trash compactor and bins including recycling, with a side gate for easy resident access. Service trucks will enter the Community from the west on Technology Drive and circulate around the site in a clockwise direction, picking up at each refuse enclosure and exiting through a gate to the existing service and fire lane and leading to an existing driveway further east on Technology Drive. Please refer to the enclosed Refuse Plan. iii. Parking Parking for visitors is conveniently located on the west and north edges of the site in a small surface lot, proximate to the Commons and building offices. Parking for residents is provided in a multi-level parking garage, wrapped by the residential units so that only the actual grade level entrance/exit is visible on the building’s exterior. This approach reduced surface parking area by almost 90%. Parking for the Community is provided as follows: iv. Open Space & Landscape Concept The Community has been designed with ample open space and recreation areas with quality amenities distributed throughout. The open space and shared recreation areas are intended to encourage resident interaction and create a sense of place. The Community incorporates small, well-landscaped courtyards which will contribute to a more livable environment. Usable common area open space will include amenities such as a pool and amenity space, shaded seating areas, internal and external courtyards, walking paths and the pedestrian mall and gate into the retail center. The development site plan provides approximately 25% total open space, roughly 2.23 acres or 97,300 square feet overall, exceeding the open space requirement of 15% open space. The parking area requires landscaped area and screening equivalent to 5% of the parking area, but the provided landscaped area is equivalent to 35% of the parking area. The landscape and streetscape around the site perimeter was installed with the development of the Four Peaks Plaza shopping center, resulting in very mature landscaping around the perimeter of the site, most of which will be preserved (see Figure 3). The interior of the parcel includes additional landscaping with plantings consistent with the existing plant palette and appropriate to this area and the residential use to Page | 13 ensure meaningful landscape density. Please refer to the enclosed Open Space Plan and Landscape Plans. 2. Orderly Transition Concepts The surrounding area to the east, south and west consists of commercial retail and commerce park / industrial type uses similar to the existing uses on the Property. The redevelopment of the Property will add new multi-family residential which will move this area towards the mix of uses envisioned by Fountain Hills for the Shea Corridor Character Area and this gateway area. That vision describes a more walkable environment which is supported by the proposed site design. At both of the driveways into the new residential Community, accessible sidewalks are provided to connect to the existing sidewalk path along the street and encourage walking to shopping as well as for recreation. Along the east side of the Community, a pedestrian mall connects residents to the plaza in the front of the Target store, with a pedestrian gate to a walkway with shade trees. This connection creates an opportunity for controlled porosity which will encourage residents to walk to the adjacent shops and restaurants. (see Figure 4 below) Figure 4: Architectural Rendering of the Pedestrian Connection to the Plaza (from target looking back at the residential community Walkability is only one element of the concept for an orderly transition between the existing commercial Figure 3: Existing Mature Landscaping Page | 14 center and the new residential development. The eastern edge of the Community is defined with a perimeter wall that provides separation and security for both properties, while integrating the site design visually with the plant materials, landscaping, stone and stucco wall materials and color palette. The wall is well landscaped on both sides, with alternating sections of open view fence and solid screening wall. The setback along this side, for a required fire lane, is treated as a pedestrian mall with permeable decorative paving for residents to access the pedestrian gate into the shopping center and as a amenity that enhances resident’s use of the landscaped courtyards along the east side of the building. On the south side, the Community faces Technology Drive, where the existing retaining walls and planters will remain (Refer to Figure 5). Where feasible, additional trees will be added to enhance the streetscape, and at the entry driveway a new sidewalk will connect to the existing walkway. The building is setback 30 feet along this edge (due to a utility easement) and this area will be generously landscaped to as a transition and visual buffer for Community residents. To the north across Shea Boulevard, is a residential frontage street with large single family homes (R1-35 zoned lots), set on a hillside well above the street. Since the grade of the Property is substantially lower than the grade of Shea Boulevard, and the nearest residential homes are on the hillside above the street, this development will not impact light or views. along the north edge of the Property there is also an existing wash corridor, with a deep drainage channel that is well landscaped on both sides. The wash corridor is a significant non-developable buffer of almost 80 feet (see Figure 6), which provides an ideal transition to the Community. H. Infrastructure / Community Facilities Impact The proposed property will be served by EPCOR for water and Fountain Hills Sanitary District for sanitary sewer. An existing 16” reclaimed water line and 8” water main will need to be relocated and easements will Figure 6: Drainage Channel & Driveway across the Wash Figure 5: Existing Retaining Walls, Landscaping on Technology Page | 15 need to be dedicated to accommodate the proposed design. Proposed fire hydrants and building fire connections have been located on the Preliminary Utility Plan to serve the site. An 8” public sewer main currently exists along the southern property line, along Technology Drive. The proposed property has been designed to maintain the existing Public Utility Easement (PUE). There are three sewer manholes along the main run that may be used for the proposed property. A Sewer Basis of Design Report is being submitted to the Fountain Hills Sanitary District, estimating the wastewater flow based on the number of units. This will be a Preliminary Design Report, with the full design to be completed after the rezoning is completed. The Fountain Hills Sanitary District will need to perform a computer model analysis of the downstream capacity of the existing sewer system with the additional of the proposed flows. The analysis will determine if any downstream improvements will be required. The Fountain Hills Fire Department (Station 823) is located approximately 1.4 miles (2 minutes) from the Property, which is well within the targeted range for emergency services (Figure 7). I. General Plan Conformance The General Plan Land Use Map designates the Property as “Shea Corridor” Character Area. The General Plan, which was adopted by the Town Council and ratified by voters on November 3, 2020, highlights the Shea Corridor for “infill and redevelopment”, with an acknowledgement that “Overbuilt retail areas should be redeveloped with a greater mix of uses, including some multi-residential development that is geared to creating an integrated, mixed-use environment”. This section also notes “Rezoning may be necessary to allow the flexibility to create the desired gateway entry.” (Table 1 Character Areas Plan, Pg. 48). In keeping with the General Plan Goal of “directing higher density residential… to redevelopment areas such as Shea Corridor” (Pg. 24), this proposal is consistent with the recently approved vision of the General Plan. Figure 7: Fire Department Context Map Page | 16 Below are several General Plan objectives which are met with this proposal. Reference General Plan Goal (Objective) P.A.D. Compatibility Section II Thriving Neighborhoods Goal 1: Continue to develop and maintain thriving neighborhoods Policy 3: Support neighborhood scale, non -residential businesses, services and amenities at the intersection of arterial or collector roads where feasible and in a manner that maintains or enhances the established character of the area. The proposed redevelopment of the Property will support the success of the existing Four Peak Plaza and the variety of businesses and services, with the addition of over 300 new households in the proposed Community immediately adjacent to the west end of the shopping center. Policy 5: Encourage development and redevelopment of housing and associated amenities within neighborhoods to attract families with children and young professionals (1.5) The proposed Community development will add to the housing diversity within the Town and provide new opportunities to attract a range of people from recent college graduates and young professionals, to retirees or empty nesters looking to maintain residence within the Town. The pedestrian connection to the adjacent retail center is also a very attractive amenity especially for the millennials and Gen Z. Goal 2: Support a housing strategy that encourages a broad range of quality housing types to address current and future housing needs and to support long- term economic vitality. Policy 2: Encourage a range of housing types and residential densities and maintain consistency with the existing character of infill areas in conformance with criteria provided in Table 1: Character Areas Plan The proposed Community adds a more compact, urban, market-rate residential housing type, appropriate to the town’s vision for the Shea Corridor Character Area. The Community is designed for walkability, with a pedestrian connection to the adjacent retail center to create a mixed-use area, with added sidewalks and landscaped open space and less surface parking lots. Policy 5: Direct higher-density residential and mixed-use development to the Town Center and redevelopment areas such as Shea Corridor as opportunities arise. This proposal represents an opportunity for quality redevelopment within the Shea Corridor, one which will add new residential housing to support what remains of the Four Peaks Plaza – ultimately creating a horizontal mixed-use area, as envisioned in the General Plan. Section III.2 Thriving Environment Goal 2: Provide and maintain an open space network throughout the community Policy 1: Continue to protect the existing natural washes within the platted portions of the community as permanent desert open space. The Property features a significant wash along the northern edge that will be retained and continue to serve as a permanent open space. Section IV Thriving Economy Page | 17 Goal 3: Attract families and younger working professional to Fountain Hills Policy 1: Utilize planning and zoning tools and land use strategies to attract families and working professional to Fountain Hills by: a. Supporting residential development…. in areas supporting urban densities or mixed use such as…. Shea Corridor character area. The proposed development will provide housing diversity within the Town intended to attract young professionals. The rezoning of this Property as a residential PAD in the Shea Character area is appropriate under this policy. Goal 4: Ensure that Fountain Hills finances are stable and sustainable. Policy 2: Increase the Town’s revenue stream by supporting commercial development and redevelopment in the Town Center, Commerce Center, Shea Corridor and Saguaro Boulevard character areas. Redevelopment of this under-performing commercial property within the Shea Corridor can support this goal by adding new, high quality housing, which will generate construction sales tax and other taxes for the Town. This development is envisioned for the Shea Corridor Character Area. J. Conclusion This PAD provides a framework for re-development of an underutilized and defunct commercial within an identified growth area with a quality use, which is anticipated to (i) reinvigorate the remaining retail within the Four Peaks Plaza; and (ii) provide new housing opportunities for a range of residents including the Town’s workforce of healthcare professionals, teachers, etc, which otherwise commonly commute to Fountain Hills for employment purposes. This proposal incorproates superior site and building design, generous landscaping, and is consistent in scale with the Four Peaks shopping center. This PAD is entirely consistent with the newly adopted General Plan. TAB A TAB B TAB 2: General Plan Map (Shea Corridor) TAB C TAB D STAIR STAIR STAIR CORE S T A I R STAIR 2 B 2B 2A 1 B 3A 1B 1 B 1A 2 B 1 B 1B 1B 2B 1 B 2 B 2A 1 B 1 A 1B 1A 1 B 3B 2B 2A 2A 3 A 2 A 1B 1 B 2 A 2 A 2 A 2 A 1 B 1B 1 A 1 A 2A 1B 1B 1 B 2 B 1 B1B 1A 1A1B 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 1 A 1 A 1B 1B T E C H N O L O G Y D R I V E 1B 1B VACANTAPN: 176-09-492BZONING: IND-1 1 B 1 B 1 B 1 B 1A CORE COM M O N S A R E A INDUSTRIAL -STORAGE FACILITYAPN: 176-09-198ZONING: IND-1 TARGET SHOPPING CENTERAPN: 176-09-489ZONING: C-2 PUD & IND-1 LARGE LOTRESIDENTIALAPN'S: MULTIPLEZONING: R1-35 INDUSTRIAL -STORAGE FACILITYAPN: 176-09-197ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-196ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-195ZONING: IND-1 VACANT COMM.BUILDINGAPN: 176-09-485ZONING: C-2 PUD& IND-1 DISCOUNT TIREAPN: 176-09-484ZONING: C-2 PUD& IND-1 INDUSTRIAL ACCESS R O A D S H E A B O U L E V A R D 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B DRAI N A G E C H A N N E L COURTYARD COURTYARD PARKINGSTRUCTURE R A M P G A R A G E A C C E S S EME R G E N C Y / R E F U S E A C C E S S O N L Y / PED E S T R I A N M A L L / A C C E S S EXISTINGPARKING TARGET PROPOSED LANDSCAPE STRIP PROPOSED SCREEN/RETAINING WALL RECONFIGUREPARKING LOT GATED VEHICULAR ACCESS(FIRE/REFUSE ONLY) PROPOSED REFUSE ENCLOSURESPER DTL. FH-135 W/ 30' CLEARAPPROACH (TYP.) PEDESTRIANACCESS TOSHOPPING NEW DRIVEWAY CONNECTION/COMMERCIAL ACCESS/PEDESTRIAN ACCESS GATED VEHICULAR ACCESS(FIRE/REFUSE ONLY) EXISTING TARGET/FOUR PEAKSPLAZA SIGNAGE TO REMAIN(TRACT "B" - APN:176-09-493) PROPOSED RESIDENTIALMONUMENT SIGN 20' P.U.E. 10' SIDEWALKEASEMENT PEDESTRIAN MALL/ACCESS/ENHANCED PAVING PEDESTRIAN CONNECTIVITY ENTRY PORTAL 75' DRAINAGE EASEMENT 8' S/W 8' S/W 8' S/W TIEREDRETAININGWALL 30.0' BSB 30.0 ' BSB +/-3 8 ' 30'EXIS T . ENT R Y 26'PRO P . ENT R Y 5' N E W S I D E W A L K C O N N E C T I O N 16 . 5 ' 2.5 ' 26 ' 19 ' 24' 24 ' 24' 16.5' 2.5' 16' 16 ' 30.0' BSB +/-38' +/-6 3 ' 15.0 ' BSB 15.0' BSB 20' 2.5' 2.5' +/-32 ' +/-58' 31 ' EXI S T . EN T R Y 2 4 ' +/-38' 100 . 0 ' ROW 50.0' ROW +/-54' +/ - 2 7 6 ' +/-131' 9' 16 . 5 ' 2.5 ' 9' 11' 9' 11' 5' 5' 1 2 . 5 ' 9.3' 20' 10' 30.0' ROW 24' 75 ' NORTH S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T N.T.S. VICINITY MAP FOUNTAIN HILLS SITE S H E A B L V D . T E C H N O L O G Y D R . LASER DR. SAGUARO BLVD. 10 0 1 W e s t S o u t h e r n A v e n u e , S u i t e 1 3 1 Me s a , A r i z o n a 8 5 2 1 0 ( 4 8 0 ) 2 0 7 - 2 6 6 6 C 2 0 2 3 Kimley-Horn and Associates, Inc. 1 1 CO N C E P T U A L S I T E P L A N ENGINEER:KIMLEY-HORN1001 W. SOUTHERN AVE.,SUITE 131,MESA, AZ 85210CONTACT: MATT UPDEGRAFFPHONE: 480.207.2667EMAIL:MATT.UPDEGRAFF@KIMLEY-HORN.COM REPRESENTATIVE:WITHEY MORRIS, PLC2525 E ARIZONA BILTMORE CIR.,SUITE A-212,PHOENIX, AZ 85016CONTACT: STEPHANIE WATNEYPHONE: 602.346.4619EMAIL:STEPHANIE@WITHEYMORRIS.COM PROJECT TEAM: DEVELOPER:SANDOR DEVELOPMENT COMPANY5725 N. SCOTTSDALE RD SUITE #C195, SCOTTSDALE, AZ 85250CONTACT: JUSTIN ELLER, EMAIL:JELLER@SANDCAPITAL.NETPHONE: 480.385.1304 ARCHITECT:AYERS SAINT GROSS60 E. RIO SALADO PKWY.,SUITE 701,TEMPE, AZ 85281CONTACT: CAROLYN KRALLPHONE: 480.528.3669EMAIL:CKRALL@AYERSSAINTGROSS.COM PLANNER:KIMLEY-HORN1001 W. SOUTHERN AVE.,SUITE 131,MESA, AZ 85210CONTACT: KEITH NICHTERPHONE: 602.313.7206EMAIL:KEITH.NICHTER@KIMLEY-HORN.COM SITE PLAN DATA: APN'S: = 176-09-486, 176-09-487, 176-09-488 ADDRESS:= 16815 E SHEA BLVD. FOUNTAIN HILLS 85268 EXISTING GENERAL PLAN:= C/R GEN. COMMERCIAL/RETAIL SPECIFIC PLAN AREA:= FUTURE SHEA AREA SPECIFIC PLAN EXISTING ZONING: = C-2 PUD & IND-1 PROPOSED ZONING:= PAD W/ UNDERLYING R-5 ZONING GROSS LAND AREA: = +/-8.93 AC (389,207.26 SF) NET LAND AREA: = +/-6.67 AC (290,505.71 SF) UNITS PROPOSED:= 316 UNITS UNIT DATA: 1 BEDROOM (1A-759 SF, 1B-729 SF): = 149 UNITS 2 BEDROOM (2A-987 SF, 2B-928 SF): = 152 UNITS 3 BEDROOM (3A - 1,200 SF) : = 15 UNITS AREA PER D.U. ALLOWED:= 1 UNIT PER 1,740 SF OF GROSS AREA AREA PER D.U. PROPOSED:= 1 UNIT PER 1,231 SF OF GROSS AREA MIN. LOT WIDTH ALLOWED/PROP.: = >60' MIN. YARD S/B'S ALLOWED/PROP.: = FRONT: >30', REAR:>30', SIDES:>10' ALLOWED BUILDING HEIGHT: = 30' PROPOSED BUILDING HEIGHT: = 49'-55' FROM F.F. (4 STORIES) LOT COVERAGE ALLOWED: = 50% / <145,252.85 SF LOT COVERAGE PROVIDED: = 41% / 120,667.26 SF OPEN SPACE REQUIRED:= 15% / 58,381.08 SF (1.33 AC) OPEN SPACE PROVIDED:= +/-25% / +/-97,301.81 SF (2.23 AC) PARKING SPACE DATA: REQUIRED (M.F.) PROPOSED (PAD) 1 BEDROOM:= 1.5 PER UNIT = 1.4 PER UNIT 2 BEDROOM:= 2 PER UNIT = 1.7 PER UNIT 3 BEDROOM:= 2 PER UNIT = 2 PER UNIT GUEST SPACES:= .25 PER UNIT = .20 PER UNIT REQUIRED TOTAL:= 637 SPACES = 561 SPACES PARKING PROVIDED:= 561 SPACES PROVIDED (63 SURFACE/498 STRUCTURE) PARKING LOT LANDSCAPE REQUIRED = +/-1,322 SQUARE FEET (5% OF 26,424 SF PARKING AREA) PARKING LOT LANDSCAPE PROVIDED= +/-9,500 SQUARE FEET (+/-35%) CONCEPT. SITE PLAN AS SHOWN JK ASG/KH KN 05/31/2023 03/03/2023 TAB E TAB F PROJECT TEAM 1 2 3 4 5 6 7 JHGFEDCB A PROJECT INFORMATION © COPYRIGHT AYERS/SAINT/GROSS, 2017 DRAWING NUMBER DRAWING NAME PROJECT DESIGN PHASE ISSUE DATE: JOB NO.: DRAWN BY: SCALE: DRAWING INFORMATION REVISIONS 1 2 3 4 5 6 7 JHGFEDCB A Ayers Saint Gross60 E. Rio Salado Pkwy. #701Tempe, AZ 85281 FOUNTAIN HILLS MULTI-FAMILY HOUSING $ EXTERIOR ELEVATIONS 02/27/23 Author Kimley Horn1001 W. Southern Ave. Ste 131Mesa, AZ 85210 5(9 '(6&5,37,21 '$7( N VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT S.E.C. OF TECHNOLOGY DRIVE AND SHEA BOULEVARD FOUNTAIN HILLS. ARIZONA FOR RE V I E W O N L Y NOT FO R C O N S T R U C T I O N PRELIMINARY ARCHITECTURAL RENDERINGS A-102 PRELIMINARY EXTERIOR MATERIAL LEGEND CEMENT PLASTER COLOR 1 (BOD: SW 0037 MORRIS ROOM GREY) CEMENT PLASTER COLOR 2 (BOD: SW 9590 TAUPE OF THE MORNING) CEMENT PLASTER COLOR 3 (BOD: SW 7005 PURE WHITE) WINDOW / STOREFRONT(GLAZING BOD: SOLARBAN 70XL OPTIGRAY, FRAME COLOR: BLACK) STONE VENEER (BOD: ELDORADO STONE, LIMESTONE YORK) PAINTED METAL RAILING/CANOPY (BOD: SW 7048 URBANE BRONZE) HIP ROOF TILES (BOD: BORAL ROOFING, 1 PIECE S TILE - RED) MOSAIC TILE ACCENT (BOD: TBD) PAINTED METAL TRELLIS (BOD: SW 7044 AMAZING GRAY) AWNING (BOD: SUNBRELLA BEAUFORT BLACK/WHITE 6 AWNING FABRIC) REVISION 01 14 JUN 2023 ENTRY DRIVE FROM SHEA BLVD. - PROPOSED RENDERING EXISTING VIEW PROJECT TEAM 1 2 3 4 5 6 7 JHGFEDCB A PROJECT INFORMATION © COPYRIGHT AYERS/SAINT/GROSS, 2017 DRAWING NUMBER DRAWING NAME PROJECT DESIGN PHASE ISSUE DATE: JOB NO.: DRAWN BY: SCALE: DRAWING INFORMATION REVISIONS 1 2 3 4 5 6 7 JHGFEDCB A Ayers Saint Gross60 E. Rio Salado Pkwy. #701Tempe, AZ 85281 FOUNTAIN HILLS MULTI-FAMILY HOUSING $ EXTERIOR ELEVATIONS 02/27/23 Author Kimley Horn1001 W. Southern Ave. Ste 131Mesa, AZ 85210 5(9 '(6&5,37,21 '$7( N VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT S.E.C. OF TECHNOLOGY DRIVE AND SHEA BOULEVARD FOUNTAIN HILLS. ARIZONA FOR RE V I E W O N L Y NOT FO R C O N S T R U C T I O N PRELIMINARY ARCHITECTURAL RENDERINGS A-103 PRELIMINARY EXTERIOR MATERIAL LEGEND CEMENT PLASTER COLOR 1 (BOD: SW 0037 MORRIS ROOM GREY) CEMENT PLASTER COLOR 2 (BOD: SW 9590 TAUPE OF THE MORNING) CEMENT PLASTER COLOR 3 (BOD: SW 7005 PURE WHITE) WINDOW / STOREFRONT(GLAZING BOD: SOLARBAN 70XL OPTIGRAY, FRAME COLOR: BLACK) STONE VENEER (BOD: ELDORADO STONE, LIMESTONE YORK) PAINTED METAL RAILING/CANOPY (BOD: SW 7048 URBANE BRONZE) HIP ROOF TILES (BOD: BORAL ROOFING, 1 PIECE S TILE - RED) MOSAIC TILE ACCENT (BOD: TBD) PAINTED METAL TRELLIS (BOD: SW 7044 AMAZING GRAY) AWNING (BOD: SUNBRELLA BEAUFORT BLACK/WHITE 6 AWNING FABRIC) REVISION 01 14 JUN 2023 VIEW FROM TARGET - PROPOSED RENDERING EXISTING VIEW PROJECT TEAM 1 2 3 4 5 6 7 JHGFEDCB A PROJECT INFORMATION © COPYRIGHT AYERS/SAINT/GROSS, 2017 DRAWING NUMBER DRAWING NAME PROJECT DESIGN PHASE ISSUE DATE: JOB NO.: DRAWN BY: SCALE: DRAWING INFORMATION REVISIONS 1 2 3 4 5 6 7 JHGFEDCB A Ayers Saint Gross60 E. Rio Salado Pkwy. #701Tempe, AZ 85281 FOUNTAIN HILLS MULTI-FAMILY HOUSING $ EXTERIOR ELEVATIONS 02/27/23 Author Kimley Horn1001 W. Southern Ave. Ste 131Mesa, AZ 85210 5(9 '(6&5,37,21 '$7( N VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT S.E.C. OF TECHNOLOGY DRIVE AND SHEA BOULEVARD FOUNTAIN HILLS. ARIZONA FOR RE V I E W O N L Y NOT FO R C O N S T R U C T I O N PRELIMINARY ARCHITECTURAL RENDERINGS A-104 PRELIMINARY EXTERIOR MATERIAL LEGEND CEMENT PLASTER COLOR 1 (BOD: SW 0037 MORRIS ROOM GREY) CEMENT PLASTER COLOR 2 (BOD: SW 9590 TAUPE OF THE MORNING) CEMENT PLASTER COLOR 3 (BOD: SW 7005 PURE WHITE) WINDOW / STOREFRONT(GLAZING BOD: SOLARBAN 70XL OPTIGRAY, FRAME COLOR: BLACK) STONE VENEER (BOD: ELDORADO STONE, LIMESTONE YORK) PAINTED METAL RAILING/CANOPY (BOD: SW 7048 URBANE BRONZE) HIP ROOF TILES (BOD: BORAL ROOFING, 1 PIECE S TILE - RED) MOSAIC TILE ACCENT (BOD: TBD) PAINTED METAL TRELLIS (BOD: SW 7044 AMAZING GRAY) AWNING (BOD: SUNBRELLA BEAUFORT BLACK/WHITE 6 AWNING FABRIC) REVISION 01 14 JUN 2023 ENTRY DRIVE FROM TECHNOLOGY DRIVE - PROPOSED RENDERING EXISTING VIEW TAB G PROJECT TEAM 1 2 3 4 5 6 7 JHGFEDCB A PROJECT INFORMATION © COPYRIGHT AYERS/SAINT/GROSS, 2017 DRAWING NUMBER DRAWING NAME PROJECT DESIGN PHASE ISSUE DATE: JOB NO.: DRAWN BY: SCALE: DRAWING INFORMATION REVISIONS 1 2 3 4 5 6 7 JHGFEDCB A Ayers Saint Gross60 E. Rio Salado Pkwy. #701Tempe, AZ 85281 FOUNTAIN HILLS MULTI-FAMILY HOUSING $ EXTERIOR ELEVATIONS 02/27/23 Author Kimley Horn1001 W. Southern Ave. Ste 131Mesa, AZ 85210 5(9 '(6&5,37,21 '$7( N VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT S.E.C. OF TECHNOLOGY DRIVE AND SHEA BOULEVARD FOUNTAIN HILLS. ARIZONA FOR RE V I E W O N L Y NOT FO R C O N S T R U C T I O N PRELIMINARY EXTERIOR ELEVATIONS A-100 PRELIMINARY EXTERIOR MATERIAL LEGEND CEMENT PLASTER COLOR 1 (BOD: SW 0037 MORRIS ROOM GREY) CEMENT PLASTER COLOR 2 (BOD: SW 9590 TAUPE OF THE MORNING) CEMENT PLASTER COLOR 3 (BOD: SW 7005 PURE WHITE) WINDOW / STOREFRONT(GLAZING BOD: SOLARBAN 70XL OPTIGRAY, FRAME COLOR: BLACK) STONE VENEER (BOD: ELDORADO STONE, LIMESTONE YORK) PAINTED METAL RAILING/CANOPY (BOD: SW 7048 URBANE BRONZE) HIP ROOF TILES (BOD: BORAL ROOFING, 1 PIECE S TILE - RED) MOSAIC TILE ACCENT (BOD: TBD) PAINTED METAL TRELLIS (BOD: SW 7044 AMAZING GRAY) AWNING (BOD: SUNBRELLA BEAUFORT BLACK/WHITE 6 AWNING FABRIC) REVISION 01 14 JUN 2023 A B A - WEST ELEVATION - SHEA BLVD. B - EAST ELEVATION - TECHNOLOGY DRIVE 0’ 10’ 40’20’ 0’ 10’ 40’20’ 49’-0” T.O. PARAPET 35’-0” LEVEL 4 25’-0” LEVEL 3 15’-0” LEVEL 2 LEVEL 1 0’-0”, SEE CIVIL 49’-0” T.O. PARAPET 35’-0” LEVEL 4 25’-0” LEVEL 3 15’-0”LEVEL 2 LEVEL 1 0’-0”, SEE CIVIL 55’-0” T.O. PARAPET 51’-0” T.O. ROOF PROJECT TEAM 1 2 3 4 5 6 7 JHGFEDCB A PROJECT INFORMATION © COPYRIGHT AYERS/SAINT/GROSS, 2017 DRAWING NUMBER DRAWING NAME PROJECT DESIGN PHASE ISSUE DATE: JOB NO.: DRAWN BY: SCALE: DRAWING INFORMATION REVISIONS 1 2 3 4 5 6 7 JHGFEDCB A Ayers Saint Gross60 E. Rio Salado Pkwy. #701Tempe, AZ 85281 FOUNTAIN HILLS MULTI-FAMILY HOUSING $ EXTERIOR ELEVATIONS 02/27/23 Author Kimley Horn1001 W. Southern Ave. Ste 131Mesa, AZ 85210 5(9 '(6&5,37,21 '$7( N VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT S.E.C. OF TECHNOLOGY DRIVE AND SHEA BOULEVARD FOUNTAIN HILLS. ARIZONA FOR RE V I E W O N L Y NOT FO R C O N S T R U C T I O N PRELIMINARY EXTERIOR ELEVATIONS A-101 PRELIMINARY EXTERIOR MATERIAL LEGEND CEMENT PLASTER COLOR 1 (BOD: SW 0037 MORRIS ROOM GREY) CEMENT PLASTER COLOR 2 (BOD: SW 9590 TAUPE OF THE MORNING) CEMENT PLASTER COLOR 3 (BOD: SW 7005 PURE WHITE) WINDOW / STOREFRONT(GLAZING BOD: SOLARBAN 70XL OPTIGRAY, FRAME COLOR: BLACK) STONE VENEER (BOD: ELDORADO STONE, LIMESTONE YORK) PAINTED METAL RAILING/CANOPY (BOD: SW 7048 URBANE BRONZE) HIP ROOF TILES (BOD: BORAL ROOFING, 1 PIECE S TILE - RED) MOSAIC TILE ACCENT (BOD: TBD) PAINTED METAL TRELLIS (BOD: SW 7044 AMAZING GRAY) AWNING (BOD: SUNBRELLA BEAUFORT BLACK/WHITE 6 AWNING FABRIC) REVISION 01 14 JUN 2023 C - NORTH ELEVATION - SHEA BLVD. & TECHNOLOGY DR. INTERSECTION D - SOUTH ELEVATION - TARGET SERVICE DRIVE & PARKING LOT 0’ 10’ 40’20’ 0’ 10’ 40’20’ MAIN BLDG. ENTRY E - SOUTH ELEVATION - TARGET PARKING LOT C D E 49’-0” T.O. PARAPET 35’-0” LEVEL 4 25’-0” LEVEL 3 15’-0” LEVEL 2 LEVEL 1 0’-0”, SEE CIVIL 49’-0” T.O. PARAPET 35’-0” LEVEL 4 25’-0” LEVEL 3 15’-0” LEVEL 2 0’-0”, SEE CIVIL LEVEL 1 51’-0” T.O. ROOF55’-0” T.O. PARAPET PARKING GARAGE ENTRY 51’-0” T.O. ROOF 51’-0” T.O. ROOF TAB H Color and Material Board TAB I APN:176-09-489 OWNER:TARGET CORPORATION ZONING:IND-1 SHE A B O U L E V A R D TEC H N O L O G Y D R I V E P O O L PROPOSEDPARKINGGARAGE PROPOSEDBUILDING LS.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH REQUIREMENT PROVIDED GENERAL LANDSCAPE (SUB. ORD. SECTION 6.05 C. 6. a.) FOR EVERY 3,000 SF (SITE TOTAL: 68,345 SF) ·(23) 10' SAGUARO OR TALLER ·(23) 36" BOX TREE ·(23) 24" BOX TREE ·(46) 15 GALLON TREES ·(46) 8 SPINE MIN. OCOTILLOS ·(230) 5 GAL. CACTI/SUCCULENTS ·(345) 5 GAL. OR (690) 1 GAL.SHRUBS AND GROUNDCOVERS ·(230) 2'x4' (ONE TON) SURFACESELECT BOULDERS ·100% INORGANIC GROUNDCOVER TOWN OF FOUNTAIN HILLS LANDSCAPE REQUIREMENTS (23) SAGUARO (10'+)(27) 36" BOX TREE(78) 24" BOX TREES(0) 15 GALLON TREES(46) 8 SPINE MIN. OCOTILLOS(230) 5 GAL. CACTI/SUCCULENT(250) 5 GAL. SHRUBS &(190) 1 GAL. GROUNDCOVERS (230) 2'x4' SURFACE SELECTBOULDERS100% PROVIDED BOTANICAL NAME / COMMON NAME SIZE TREES PLANTING LEGEND Existing Tree Species Varies SHRUBS AND ACCENTS Parkinsonia x 'Desert Museum' Desert Museum Palo Verde Prosopis x 'Rio Salado' Thornless Mesquite Olneya tesota Ironwood 1 3 LA N D S C A P E P L A N LS1 MATCHLINE: SEE SHEET LS2 Size Varies Chilopsis linearis 'Lopur' Desert Diva Desert Willow Ulmus parviflora Evergreen Elm Phoenix dactylifera Date Palm QTY 16 13 11 34 9 10 21 Acacia aneura Mulga 10 MATERIALS Decomposed Granite (Submit Sample to Owner for Approval) Size and Color to Match Adjacent Streetscape, 2" Depth Min. DESCRIPTION 68,345 SF QTY GROUNDCOVERS BOTANICAL NAME / COMMON NAME SIZE BOTANICAL NAME / COMMON NAME SIZE NOTE:PRELIMINARY LANDSCAPE PLAN PROVIDED FOR THEZONING SUBMITTAL SHOWS THE PROPOSED LOCATIONOF TREES ONLY. PROPOSED SHRUBS ANDGROUNDCOVER SPECIES ARE SHOWN IN THE LEGENDTO PROVIDE AN OVERALL PLANT PALETTE FOR THEDEVELOPMENT, BUT EXACT LOCATIONS WILL BE SHOWNIN SUBSEQUENT SUBMITTALS. FUTURE SUBMITTALSWILL ENSURE ALL PLANT QUANTITIES REQUIREMENTSARE MET. Calliandra californica/ Pink Fairy Duster Eremophila hygrophana / Blue Bells Myrtus communis 'Compacta' / Dwarf Myrtle Olea europaea 'Little Ollie' / Little Ollie Simmondsia chinesis / Jojoba Tecoma stans 'Gold Star' / Gold Star Tecoma Eremophila glabra 'Ouback Sunrise' / Outback Sunrise Emu Lantana camara 'New Gold' / New Gold Lantana Lantana montevidensis / Purple Trailing Lantana Wedelia trilobata / Yellow Dot Fouquieria splendens / Ocotillo Larrea tridentata / Creosote Agave parryi 'Truncata' / Artichoke Agave Agave 'Blue Glow' / Blue Glow Agave Bougainvillea 'La Jolla' / La Jolla Bougainvillea Carnegiea gigantea / Saguaro Dasylirion wheeler / Desert Spoon Ruellia peninsularis / Baja Ruellia Rosmarinus officinalis / Upright Rosemary Muhlenbergia capillaris 'Regal Mist' / Regal Mist Muhly Yucca elata / Soaptree Yucca Leucophyllum zygophyllum / Cimarron Sage Surface Select Boulder, Gold Tones* 2-3' Diameter 3-4' Diameter 5 Gal. 5 Gal. 5 Gal. 10' Ht. Min. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 8 Spine Min. 3' Ht. Min. 1 Gal. 1 Gal. 1 Gal. 1 Gal. 212" Cal. Min., 8' Ht. Min.6' Width Min., 36" Box Min. 2" Cal. Min., 8' Ht. Min.4' Width Min., 24" Box Min. 2" Cal. Min., 7' Ht. Min.6' Width Min., 24" Box Min. 2" Cal. Min., 7' Ht. Min.4' Width Min., 24" Box Min. 212" Cal. Min., 10' Ht. Min.6' Width Min., 36" Box Min. 18' Clear Trunk Height 2" Cal. Min., 6' Ht. Min.3' Width Min., 24" Box Min. AA V 06 / 0 2 / 2 0 2 3 JA J 2N D S U B M I T T A L 1 VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T PROPOSED PARKINGGARAGE APN:176-09-489OWNER:TARGETCORPORATIONZONING:IND-1 T E C H N O L O G Y D R I V E PROPOSEDBUILDING LS.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH MATCHLINE: SEE SHEET LS1 2 3 LA N D S C A P E P L A N LS2 BOTANICAL NAME / COMMON NAME SIZE TREES PLANTING LEGEND Existing Tree Species Varies SHRUBS AND ACCENTS Parkinsonia x 'Desert Museum' Desert Museum Palo Verde Prosopis x 'Rio Salado' Thornless Mesquite Olneya tesota Ironwood Size Varies Chilopsis linearis 'Lopur' Desert Diva Desert Willow Ulmus parviflora Evergreen Elm Phoenix dactylifera Date Palm Acacia aneura Mulga MATERIALS Decomposed Granite (Submit Sample to Owner for Approval) Size and Color to Match Adjacent Streetscape, 2" Depth Min. DESCRIPTION GROUNDCOVERS BOTANICAL NAME / COMMON NAME BOTANICAL NAME / COMMON NAME NOTE͗PRELIMINARY LANDSCAPE PLAN PROVIDED FOR THEZONING SUBMITTAL SHOWS THE PROPOSED LOCATIONOF TREES ONLY. PROPOSED SHRUBS ANDGROUNDCOVER SPECIES ARE SHOWN IN THE LEGENDTO PROVIDE AN OVERALL PLANT PALETTE FOR THEDEVELOPMENT, BUT EXACT LOCATIONS WILL BE SHOWNIN SUBSEQUENT SUBMITTALS. FUTURE SUBMITTALSWILL ENSURE ALL PLANT QUANTITIES REQUIREMENTSARE MET. Calliandra californica/ Pink Fairy Duster Eremophila hygrophana / Blue Bells Myrtus communis 'Compacta' / Dwarf Myrtle Olea europaea 'Little Ollie' / Little Ollie Simmondsia chinesis / Jojoba Tecoma stans 'Gold Star' / Gold Star Tecoma Eremophila glabra 'Ouback Sunrise' / Outback Sunrise Emu Lantana camara 'New Gold' / New Gold Lantana Lantana montevidensis / Purple Trailing Lantana Wedelia trilobata / Yellow Dot Fouquieria splendens / Ocotillo Larrea tridentata / Creosote Agave parryi 'Truncata' / Artichoke Agave Agave 'Blue Glow' / Blue Glow Agave Bougainvillea 'La Jolla' / La Jolla Bougainvillea Carnegiea gigantea / Saguaro Dasylirion wheeler / Desert Spoon Ruellia peninsularis / Baja Ruellia Rosmarinus officinalis / Upright Rosemary Muhlenbergia capillaris 'Regal Mist' / Regal Mist Muhly Yucca elata / Soaptree Yucca Leucophyllum zygophyllum / Cimarron Sage Surface Select Boulder, Gold Tones* 2-3' Diameter 3-4' Diameter SIZE SIZE 5 Gal. 5 Gal. 5 Gal. 10' Ht. Min. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 8 Spine Min. 3' Ht. Min. 1 Gal. 1 Gal. 1 Gal. 1 Gal. 212" Cal. Min., 8' Ht. Min.6' Width Min., 36" Box Min. 2" Cal. Min., 8' Ht. Min.4' Width Min., 24" Box Min. 2" Cal. Min., 7' Ht. Min.6' Width Min., 24" Box Min. 2" Cal. Min., 7' Ht. Min.4' Width Min., 24" Box Min. 212" Cal. Min., 10' Ht. Min.6' Width Min., 36" Box Min. 18' Clear Trunk Height 2" Cal. Min., 6' Ht. Min.3' Width Min., 24" Box Min. AA V 06 / 0 2 / 2 0 2 3 JA J 2N D S U B M I T T A L 1 VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T 4'-2"3'-6"4'-2"3'-6" 16' 4 ' 14'-2" 2'- 5 " 41'-3"44'-9" LS.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S VILLAGE AT FOUR PEAKS 3 3 MO N U M E N T S I G N E L E V A T I O N LS3 MONUMENT SIGN ELEVATION MONUMENT SIGN PLAN EXISTING MONUMENT SIGN MODIFICATION AA V 06 / 0 2 / 2 0 2 3 JA J 2N D S U B M I T T A L 1 VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T TAB J STAIR STAIR STAIR CORE S T A I R STAIR 2 B 2B 2A 1 B 3A 1B 1 B 1A 2 B 1 B 1B 1B 2B 1 B 2 B 2A 1 B 1 A 1B 1A 1 B 3B 2B 2A 2A 3 A 2 A 1B 1 B 2 A 2 A 2 A 2 A 1 B 1B 1 A 1 A 2A 1B 1B 1 B 2 B 1 B1B 1A 1A1B 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 1 A 1 A 1B 1B T E C H N O L O G Y D R I V E 1B 1B VACANTAPN: 176-09-492BZONING: IND-1 1 B 1 B 1 B 1 B 1A CORE COM M O N S A R E A INDUSTRIAL -STORAGE FACILITYAPN: 176-09-198ZONING: IND-1 TARGET SHOPPING CENTERAPN: 176-09-489ZONING: C-2 PUD & IND-1 LARGE LOTRESIDENTIALAPN'S: MULTIPLEZONING: R1-35 INDUSTRIAL -STORAGE FACILITYAPN: 176-09-197ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-196ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-195ZONING: IND-1 VACANT COMM.BUILDINGAPN: 176-09-485ZONING: C-2 PUD& IND-1 DISCOUNT TIREAPN: 176-09-484ZONING: C-2 PUD& IND-1 INDUSTRIAL ACCESS R O A D S H E A B O U L E V A R D 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B DRAI N A G E C H A N N E L COURTYARD COURTYARD PARKINGSTRUCTURE R A M P G A R A G E A C C E S S EME R G E N C Y / R E F U S E A C C E S S O N L Y / PED E S T R I A N M A L L / A C C E S S EXISTINGPARKING TARGET NORTH S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T N.T.S. VICINITY MAP FOUNTAIN HILLS SITE S H E A B L V D . T E C H N O L O G Y D R . LASER DR. SAGUARO BLVD. 10 0 1 W e s t S o u t h e r n A v e n u e , S u i t e 1 3 1 Me s a , A r i z o n a 8 5 2 1 0 ( 4 8 0 ) 2 0 7 - 2 6 6 6 C 2 0 2 3 Kimley-Horn and Associates, Inc. 1 1 WA L L P L A N LEGEND: EXISTING SCREENING/RETAINING WALL (SOLID)TO REMAIN PROPOSED SCREENING/LOW WALL (SOLID) PROPOSED SCREENING/FULL WALL (SOLID) PROPOSED SCREENING/FULL FENCE (VIEW) PROPOSED REFUSEENCLOSURE/GATE WALL PLAN AS SHOWN JK ASG/KH KN 05/31/2023 03/03/2023 NOTE: SEE L/S PLAN & ELEVATIONS FOR CONCEPTUAL MATERIALS/COLORS TAB K STAIR STAIR STAIR CORE S T A I R STAIR 2 B 2B 2A 1 B 3A 1B 1 B 1A 2 B 1 B 1B 1B 2B 1 B 2 B 2A 1 B 1 A 1B 1A 1 B 3B 2B 2A 2A 3 A 2 A 1B 1 B 2 A 2 A 2 A 2 A 1 B 1B 1 A 1 A 2A 1B 1B 1 B 2 B 1 B1B 1A 1A1B 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 1 A 1 A 1B 1B T E C H N O L O G Y D R I V E 1B 1B VACANTAPN: 176-09-492BZONING: IND-1 1 B 1 B 1 B 1 B 1A CORE COM M O N S A R E A INDUSTRIAL -STORAGE FACILITYAPN: 176-09-198ZONING: IND-1 TARGET SHOPPING CENTERAPN: 176-09-489ZONING: C-2 PUD & IND-1 LARGE LOTRESIDENTIALAPN'S: MULTIPLEZONING: R1-35 INDUSTRIAL -STORAGE FACILITYAPN: 176-09-197ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-196ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-195ZONING: IND-1 VACANT COMM.BUILDINGAPN: 176-09-485ZONING: C-2 PUD& IND-1 DISCOUNT TIREAPN: 176-09-484ZONING: C-2 PUD& IND-1 INDUSTRIAL ACCESS R O A D S H E A B O U L E V A R D 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B DRAI N A G E C H A N N E L COURTYARD COURTYARD PARKINGSTRUCTURE R A M P G A R A G E A C C E S S EME R G E N C Y / R E F U S E A C C E S S O N L Y / PED E S T R I A N M A L L / A C C E S S EXISTINGPARKING TARGET 250' 2 5 0 ' 250' 250' NORTH S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T N.T.S. VICINITY MAP FOUNTAIN HILLS S H E A B L V D . T E C H N O L O G Y D R . LASER DR. SAGUARO BLVD. 10 0 1 W e s t S o u t h e r n A v e n u e , S u i t e 1 3 1 Me s a , A r i z o n a 8 5 2 1 0 ( 4 8 0 ) 2 0 7 - 2 6 6 6 C 2 0 2 3 Kimley-Horn and Associates, Inc. 1 1 RE F U S E P L A N LEGEND: 250' REFUSERADIUS SECTION 5.18 TRASH ENCLOSURES:250' WALKING FEET TO THE MAIN ENTRANCEOF UNITS THEY ARE INTENDED TO SERVE AS SHOWN JK ASG/KH KN REFUSE PLAN 05/31/2023 250' REFUSEENCLOSURE 250' 2 5 0 ' 250' 250' 250' 2 5 0 ' 250' 250' SITE TAB L STAIR STAIR STAIR CORE S T A I R STAIR 2 B 2B 2A 1 B 3A 1B 1 B 1A 2 B 1 B 1B 1B 2B 1 B 2 B 2A 1 B 1 A 1B 1A 1 B 3B 2B 2A 2A 3 A 2 A 1B 1 B 2 A 2 A 2 A 2 A 1 B 1B 1 A 1 A 2A 1B 1B 1 B 2 B 1 B1B 1A 1A1B 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 1 A 1 A 1B 1B T E C H N O L O G Y D R I V E 1B 1B VACANTAPN: 176-09-492BZONING: IND-1 1 B 1 B 1 B 1 B 1A CORE COM M O N S A R E A INDUSTRIAL -STORAGE FACILITYAPN: 176-09-198ZONING: IND-1 TARGET SHOPPING CENTERAPN: 176-09-489ZONING: C-2 PUD & IND-1 LARGE LOTRESIDENTIALAPN'S: MULTIPLEZONING: R1-35 INDUSTRIAL -STORAGE FACILITYAPN: 176-09-197ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-196ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-195ZONING: IND-1 VACANT COMM.BUILDINGAPN: 176-09-485ZONING: C-2 PUD& IND-1 DISCOUNT TIREAPN: 176-09-484ZONING: C-2 PUD& IND-1 INDUSTRIAL ACCESS R O A D S H E A B O U L E V A R D 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B DRAI N A G E C H A N N E L COURTYARD COURTYARD PARKINGSTRUCTURE R A M P G A R A G E A C C E S S EME R G E N C Y / R E F U S E A C C E S S O N L Y / PED E S T R I A N M A L L / A C C E S S EXISTINGPARKING TARGET NORTH S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T N.T.S. VICINITY MAP FOUNTAIN HILLS SITE S H E A B L V D . T E C H N O L O G Y D R . LASER DR. SAGUARO BLVD. 10 0 1 W e s t S o u t h e r n A v e n u e , S u i t e 1 3 1 Me s a , A r i z o n a 8 5 2 1 0 ( 4 8 0 ) 2 0 7 - 2 6 6 6 C 2 0 2 3 Kimley-Horn and Associates, Inc. 1 1 OP E N S P A C E P L A N LEGEND: OPEN SPACE AREA GROSS LAND AREA: +/-8.93 AC (398,207.26 SF) OPEN SPACE REQUIRED (15% ): 58,381.08 SF (1.33 AC) OPEN SPACE PROVIDED: +/-97,301.81 SF (2.23 AC- 25%) (OUTDOOR COURTYARDS/AMENITY: +/-12,911 SF (.29 AC- 4%)) PARKING LOT L/S REQ. (5% OF 26,424 SF): +/-1,322 SF PARKING LOT L/S PROVIDED: +/-9,500 SF (+/-35%) PARKING LOT LANDSCAPE AREA OPEN SPACE PLAN AS SHOWN JK ASG/KH KN 05/31/2023 03/03/2023 TAB M ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ UT.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH MATCHLINE: SEE SHEET 4 WATER NOTES SEWER NOTES LEGEND NOTES ∆ ∆ ∆ UT.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH MATCHLINE: SEE SHEET 3 WATER NOTES SEWER NOTES LEGEND NOTES TAB N ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ GD.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH LEGEND NOTES MATCHLINE: SEE SHEET 2 STORM DRAIN NOTES BENCHMARK ∆ ∆ GD.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH LEGEND NOTES MATCHLINE: SEE SHEET 1 STORM DRAIN NOTES BENCHMARK TAB O 4'-2"3'-6"4'-2"3'-6" 16' 4 ' 14'-2" 2' - 5 " 41'-3" 44'-9" LS.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S VILLAGE AT FOUR PEAKS 3 3 MO N U M E N T S I G N E L E V A T I O N LS3 MONUMENT SIGN ELEVATION MONUMENT SIGN PLAN EXISTING MONUMENT SIGN MODIFICATION Citizen Participation Report Village at Four Peaks Generally Located at the SEC of Shea Blvd & Technology Dr Prepared by: Withey Morris Baugh, PLC 2525 East Arizona Biltmore Circle Suite A-212 Phoenix, Arizona 85016 Rezoning Case No. RZ23-000002 Submittal Date: November 27, 2023 1 1. Project Description/Request The subject site is an approximately 6.7-acre property located at the southeast corner of Shea Boulevard and Technology Drive (Tab 1). This requested PAD (Case No. RZ23-000002) seeks to establish site-specific permitted uses, as well as development standards and design criteria for a high quality 316-unit, 4-story wrap residential community (the “Community”). The proposed Community will provide new and diverse housing opportunities within the Town of Fountain Hills, which will accommodate a variety of lifestyles and life cycles. This report outlines the applicant’s citizen participation efforts to date. 2. Outreach/Notification Timeline • June 6, 2023: Initial neighborhood meeting notice letters mailed by the applicant to all applicable parties within 500 feet of the Property. • June 21, 2023: An in-person neighborhood meeting for the proposed project was held at the Four Peaks Plaza, located at 16815 E. Shea Blvd, Suite 123, Fountain Hills. • September 1, 2023: A second, voluntary, neighborhood meeting notice letter was mailed by the applicant to all applicable parties within 500 feet of the Property; and, within 300 feet of the larger shopping center property due to a concurrent Sign PAD request for the overall balance of the Four Peaks Plaza. • September 18, 2023: A second, voluntary neighborhood meeting was held regarding the proposed Community, concurrent with the required neighborhood meeting for the Four Peaks Plaza Sign PAD. • November 22, 2023: Two (2) public hearing signs were posted to the Property with public hearing dates. • Town staff facilitated public hearing noticing and newspaper advertising. 3. Neighborhood Meeting Summaries A. Initial In-Person Neighborhood Meeting The applicant, along with the project development team, attended the in-person neighborhood meeting. Approximately three (3) interested individuals attended the neighborhood meeting. 2 The attendee list for the initial neighborhood meeting is enclosed at Tab 2. Attendees had general questions primarily regarding: visual impacts; timing for approvals; traffic; noticing requirements; and, average lease terms. The applicant team responded to attendee comments as outlined below: 1. Visual Impacts Neighborhood meeting attendees requested information regarding the building height. The applicant provided the building heights and further explained the grade differences between the subject site and adjacent right-of-way. Neighborhood meeting attendees requested additional information regarding potential visual impacts from beyond Shea Boulevard and Trevino Drive. The applicant indicated that the project team would work to provide an additional rendering and line-of-sight exhibit, which would be shared at a follow-up meeting. This exhibit would help provide context for the ultimate view. 2. Timing for Town Process The applicant confirmed that the typical rezoning process is six to nine months, and that the project was in the very early stages, and would likely take until the end of 2023 to get through the Town’s zoning process. 3. Traffic The applicant advised that the overall development would generate less trips per day compared to the retail center at full occupancy, and that any mitigation would be provided, as required by the Town. 4. Noticing Requirements A neighborhood meeting attendee requested confirmation regarding outreach efforts. The applicant advised that notification was mailed beyond the Town’s requirements; and, that additional outreach would occur—beyond that required by the Town— including a follow-up neighborhood meeting. 5. Workforce Questions were raised regarding the Fountain Hills workforce that the development is seeking to capture, as well as general leasing questions. The applicant advised that additional information would be captured through the process and that a typical leasing structure would be used, with most common leases lasting one (1) year. B. Second (Voluntary) In-Person Neighborhood Meeting 3 In response to questions raised regarding elements of the proposed development during the first neighborhood meeting, the applicant generated additional exhibits and a second (voluntary) neighborhood meeting was scheduled to share updates with interested parties. The applicant, along with the project development team, attended the in-person neighborhood meeting. In addition, three (3) interested individuals attended the neighborhood meeting. See the sign-in sheet enclosed at Tab 3. During the second, voluntary, neighborhood meeting, the applicant shared a line-of-sight exhibit and section with interested parties, illustrating the proposed change. Refer to Tab 4, Line of Sight Exhibits. Attendees had general questions, primarily regarding: interior qualities; traffic; compatibility; commercial vacancy; and building height. 1. Interior Qualities The applicant advised that the interiors of the units and amenity areas would be designed reflective of the luxury vernacular of the overall development, and would be consistent with other luxury developments. 2. Traffic The applicant advised that the overall development would generate less trips per day compared to the retail center at full occupancy, and that any mitigation would be provided, as required by the Town. Upon further review of traffic impacts, the applicant—in working with the project’s traffic engineer—has concluded that the level of service to adjacent roadways will remain unchanged once the project is developed, meaning the levels of delay and service of the roadway should remain consistent with what is experienced currently. 3. Compatibility One of the industrial business owners in the area raised the question of compatibility for the proposed use within the area. It was discussed that there are several horizontal mixed-use / mixed-development areas within the Valley where residential is located proximate to employment uses. The area’s land use pattern was discussed in detail. 4. Commercial Vacancy The overall vacancy of the Four Peaks Plaza was discussed, with attendees acknowledging the long-term existing conditions. 5. Building Height 4 The applicant discussed building height with attendees and explained that the maximum building heights are to accommodate parapets and architectural ornamentation. Further, it was discussed that the site is sub-grade, with a significant amount of existing landscaping and natural buffers. One (1) neighbor asked the applicant to send the exhibits to him for further review, and upon doing so, the applicant has not heard any additional feedback regarding building height. The applicant team is optimistic that several initial concerns have been met and the applicant will continue to keep an open line of communication with the community and interested parties throughout the process. 4. Correspondence to Applicant The applicant is not directly in receipt of any neighbor correspondence; however, the Board of Directors of the Fountain Hills Chamber of Commerce has provided the enclosed letter of support for the proposed development (Tab 5). PREVCO Subsea LLC 10000 N Technology Drive Fountain Hills, AZ 85268 480-837-0100 noleaks@prevco.com www.prevco.com ALL DATA AND INFORMATION CONTAINED OR DISCLOSED BY THIS DOCUMENT IS CONFIDENTIAL AND PROPRIETARY INFORMATION OF PREVCO SUBSEA, LLC AND ALL RIGHTS THEREIN ARE EXPRESSLY RESERVED. BY ACCEPTING THIS MATERIAL THE RECIPIENT AGREES THAT THE MATERIAL AND THE INFORMATION THEREIN IS HELD IN CONFIDENCE AND IN TRUST AND WILL NOT BE USED, COPIED, REPRODUCED IN WHOLE OR IN PART, NOR ITS CONTENTS REVEALED IN ANY MANNER TO OTHERS, EXCEPT TO MEET THE SPECIFIC PURPOSE FOR WHICH IT WAS DELIVERED. To: Farhad Tavassoli September 28, 2023 Senior Planner Town of Fountain Hills 480-816-5139 From: John Head Subject: Development of Parcels 176-09-488,176-09-487 & 176-09-486 Farhad, I attended a meeting on September 19th regarding the possible development of the above parcels into hundreds of small rental apartments. Note that I appreciate the developer making the invitation and allowing me to voice my concerns at that time. I own 5-acres over 4 parcels 176-09-195, -196, -197 and -198 in an area zoned IND-1 same zoning as the above parcels being proposed for this development (see image below). Located within the 4 parcels there are 3 companies that I own; Coral Cactus, LLC the property owner, Adobe Storage, LLC a tenant that rents the land and part of the 30,000 square foot building to store RV’s Boats and vehicles and PREVCO Subsea, LLC a tenant that is a manufacturer of subsea enclosures accessories and equipment http://www.prevco.com My businesses are the closest operating entities to this potential development, and I have some serious concerns about potentially 300-500 people (maybe more?) living in what is essentially an industrial zone… Considerations like heavy traffic from all these residents, pedestrians that don’t have playgrounds or neighborhoods to walk within. Technology Drive is the only way into this industrial park where Semi’s, heavy truck and delivery traffic as well as other traffic including employees, customers, service vehicles etc. I’m afraid that someone could get accidentally injured. The image below shows where my parcels are located as well shows that the new development will be surrounded by Industrial-Zoned businesses. This location just is not a good location for a residential apartment development especially considering the very high density of residents that are proposed. Do note if the decision is made to allow this development, I’ll be a good neighbor best I can but just know that I don’t think that development is right for this particular area and encourage the town to find another, more suitable, commercial use. I would like to ask that you please share my concerns with the decision makers involved with this project. Thank you! John Head PREVCO Subsea LLC 10000 N Technology Drive Fountain Hills, AZ 85268 480-837-0100 noleaks@prevco.com www.prevco.com ALL DATA AND INFORMATION CONTAINED OR DISCLOSED BY THIS DOCUMENT IS CONFIDENTIAL AND PROPRIETARY INFORMATION OF PREVCO SUBSEA, LLC AND ALL RIGHTS THEREIN ARE EXPRESSLY RESERVED. BY ACCEPTING THIS MATERIAL THE RECIPIENT AGREES THAT THE MATERIAL AND THE INFORMATION THEREIN IS HELD IN CONFIDENCE AND IN TRUST AND WILL NOT BE USED, COPIED, REPRODUCED IN WHOLE OR IN PART, NOR ITS CONTENTS REVEALED IN ANY MANNER TO OTHERS, EXCEPT TO MEET THE SPECIFIC PURPOSE FOR WHICH IT WAS DELIVERED. VIEW FROM TARGET - PROPOSED RENDERING EXISTING VIEW ENTRY DRIVE FROM SHEA BLVD. - PROPOSED RENDERING EXISTING VIEW PROPOSED VIEW - FROM 16730 E TREVINO DRIVE - RENDERING EXISTING VIEW - FROM 16730 E TREVINO DRIVE 1 Shea Boulevard & Technology Drive │Traffic Impact and Mitigation Analysis Version 1 | March 2023 1.0 EXECUTIVE SUMMARY 1.1 INTRODUCTION This report documents a traffic impact analysis performed for a proposed multi-family housing development located on the southeast corner of Shea Boulevard and Technology Drive in an area known as Four Peaks Plaza in Fountain Hills, Arizona. The site is anticipated to be built out by 2025. 1.2 REPORT PURPOSE AND OBJECTIVES Kimley-Horn and Associates, Inc. has been retained by Ayers Saint Gross to perform the traffic impact and mitigation analysis for the proposed development. The purpose of this study is to address traffic and transportation impacts of the proposed development on surrounding streets and intersections. This traffic impact analysis was prepared based on the Category 3 TIMA criteria set forth by the City of Scottsdale (COS). The specific objectives of this study are: ·To evaluate lane requirements on all existing roadway links and at all existing intersections within the study area; ·To determine future level of service (LOS) for all existing intersections within the study area and recommend any capacity-related improvements; ·To determine necessary lane configurations at all new driveways within the proposed development in order to provide acceptable future levels of service; and ·To evaluate the need for auxiliary lanes at all study area intersections. 1.3 PRINCIPAL FINDINGS AND RECOMMENDATIONS The proposed development is expected to generate 1,435 daily trips, with 117 trips occurring in the AM peak hour and 123 trips occurring in the PM peak hour. To ensure that the estimate of the traffic impacts is the maximum that can be expected, it is assumed that the site will be 100 percent occupied upon buildout in 2025. Trip Generation: The proposed development is expected to generate fewer trips than the existing, approved land use in the PM peak hour and on a daily basis and to generate 22 more trips in the AM peak hour. Based on trip generation calculations, the approved shopping plaza should generate up to 2,115 daily trips with 95 trips occurring in the AM peak hour and 256 trips occurring in the PM peak hour. Capacity Analysis: All signalized and unsignalized study area intersections are expected to operate at a satisfactory LOS in 2025 and 2030 total traffic conditions. Future traffic intersection operations are generally consistent with existing and background level of service and operations. 2 Shea Boulevard & Technology Drive │Traffic Impact and Mitigation Analysis Version 1 | March 2023 Turn Lanes: Existing left-turn and right-turn lanes are expected to accommodate future traffic movements that the site contributes traffic to. No lane configuration or turn lane storage changes are recommended with the construction of the site. The existing storage length for the following movements at Shea Boulevard and Saguaro Boulevard exceed existing striped storage, but additional storage at these locations by the developer is not recommended for the following reasons: · Southbound Right-Turn o Per the Synchro analyses, the 95th percentile queue already exceeds existing storage in existing conditions and all background conditions. · Westbound Right-Turn o Based on the trip assignment for the proposed site, the proposed site does not contribute traffic to this movement. The 95th percentile queue already exceeds the existing striped storage in the existing and all background conditions. Although the queues exceed the striped storage, vehicles are able to queue beyond the striped storage outside of the westbound through traffic lanes for approximately 645 feet. Driveways: The proposed site will utilize existing driveways along Technology Drive and Shea Boulevard (Driveway A and Driveway B). If applicable these existing driveways should be redesigned to current Town of Fountain Hills and/or other applicable standards as part of the redevelopment. There will be no cross-access between the proposed multifamily development and the existing, adjacent shopping center. Per City of Scottsdale DSPM Section 5-3.123D, it is recommended that sight triangles be provided at all site access points to give drivers exiting the site a clear view of oncoming traffic. The landscaping within sight triangles must not obstruct drivers’ views of the adjacent travel lanes ITEM 6. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/11/2023 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Planning and Zoning Commission (Agenda Language):  HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: REZONE approximately 22.5 acres generally located at the southwest corner of Shea Blvd. and Saguaro Blvd. (site address: 16825 E. Shea Blvd) from C-2 P.U.D –Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to Four Peaks Plaza PAD (Planned Area Development) to allow for removal of two existing freestanding monument signs and replacing them with two new freestanding monument signs of 20’(h) and 12’(h), respectively.   Staff Summary (Background) This application requests to rezone the property from C-2 P.U.D. and IND-1 to Four Peaks Plaza PAD However, aside from signage standards, all other standards and requirements of the existing C-2 P.U.D. zoning, as established via Case Nos. Z-99-24 and Z2001-02, shall apply.  The intent of this PAD is to provide a framework for some flexibility for Four Peaks Plaza from Chapter 6 of the Zoning Ordinance, which contains the Town's sign regulations. The applicant contends the site contains constraints including natural features and slopes. Therefore, the applicant proposes modifications that result in increased visibility for the Plaza, which is intended to reduce vehicular conflicts and assist with wayfinding and visibility of the remaining tenants within the shopping center. The signs currently within the PAD area consist of two freestanding monument signs. One is located east of the Center Lane traffic signal and is 10 feet tall and 14 feet wide. The other sign is located at the driveway further west and is 5 feet tall and 9 feet wide. The rezone to a uniform PAD would allow the owner to replace the first sign with a 20' tall and 21'-7" wide monument sign with 206 square feet of sign area, and would be allowed to move it closer to Shea Blvd. for better visibility. The second will be replaced by a 12' tall and 14' wide sign (76-sq. ft. sign area) at generally the same location as the existing sign. Like the existing signs, the proposed signs will be architecturally consistent with the buildings in the Plaza. Color renderings of the proposed signs, as well as photo simulations, are included as Exhibit E of the attached PAD Narrative. The applicant discussed the Sign PAD concurrently with the related Villages at Four Peaks PAD at their neighborhood meeting on September 18, 2023. No opposition was received by the applicant, nor has neighborhood meeting on September 18, 2023. No opposition was received by the applicant, nor has staff received any opposition specifically regarding the Four Peaks Plaza PAD. Staff believes the applicant's request is reasonable and helps improve visibility for the remaining tenants at Four Peaks Plaza. The existing signs are set back considerably from Shea Blvd., and the current height limitations, coupled with the sloping topography and existing landscaping, significantly minimize sign visibility.  As shown on the attached plans the signs encroach into the right-of-way and are within a sewer easement.  There is a 15" gravity sewer within the easement.  Final plans for the signs will have to receive an encroachment permit and be adjusted as necessary to not create a conflict with the sewer line or create a sight visibility obstruction for the intersection. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.01, Amendments or Zone Change Zoning Ordinance Section 2.08, Citizen Participation Zoning Ordinance, Chapter 6, Sign Regulations Zoning Ordinance Chapter 19, Architectural Review Guidelines Zoning Ordinance Chapter 23, Planned Area Development (PAD) District 2020 General Plan, Thriving Neighborhoods and Character Areas Risk Analysis Approval of the Four Peaks Sign P.A.D. (ORD 24-02) will rezone the 22.5 acre property from the current C-2 R.U.P.D and IND-1 zoning district designations and allow development in accordance with the adopted uniform P.A.D. Development Plan to specifically allow removal and replacement of two monuments signs of 20’(h) and 12’(h), respectively.   Denial of the application will keep the property zoned C-2 C.U.P.D. and IND-1 and maintain height limitations of 10'(h) and 5'(h) respectively. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff supports a recommendation for approval of the rezone request to Four Peaks Plaza PAD with the associated development plan with stipulations listed with the suggested motion. SUGGESTED MOTION MOVE to approve the Rezone from  C-2 P.U.D (Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to Four Peaks Plaza PAD (Planned Area Development) to allow for removal of two existing freestanding monument signs and replacing them with two new freestanding monument signs of 20’(h) and 12’(h), respectively, subject to the following conditions:  Ensure compliance with the approved freestanding mounument sign plan with this PAD except as modified below. 1. Ensure compliance with all the Town’s adopted codes, requirements, standards and regulations, except as specifically stated and approved in the Four Peaks Plaza PAD Sign Plan. 2. Receiving an encroachment permit.3. Providing a final design that does not conflict with the existing 15" sewer line.4. Attachments Case Map  Four Peaks Plaza Sign PAD Narrative  Citizen Participation Report  P&Z Commission Case Map Case Details CASE: RZ23-002 SITE / ADDRESS: 16815 E. Shea Blvd. APN: 176-09-486; 487; 488 REQUEST: REZONE of approximately 6.7 acres generally located at the southeast corner of Shea Blvd. and Technology Drive (site address: 16815 E. Shea Blvd) from C-2 P.U.D – Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to allow for development consisting of 316-unit, 4-story residential community. Site Location Four Peaks Plaza Planned Area Development Narrative Rezoning Case No. RZ23-000004 Second Submittal: November 9, 2023 First Submittal: August 2023 Page | 2 Development Team Applicant Withey Morris Baugh, PLC 2525 E. Arizona Biltmore Circle Ste. A-212 Phoenix, AZ 85016 Attorney: Jason Morris Land Use Planner: Stephanie Watney Email: jason@wmbattorneys.com Email: stephanie@wmbattorneys.com Phone: (602) 230-0600 https://www.wmbattorneys.com/ Developer Sandor Development 5725 North Scottsdale Road Suite C-195 Scottsdale, Arizona 85250 https://sandordev.com/ Page | 3 TABLE OF CONTENTS A.Introduction ..................................................................................................................................... 4 B.Property Description ........................................................................................................................ 4 C.Project Description .......................................................................................................................... 5 D.Request / Proposed Land Use Map ................................................................................................. 5 E.PAD Permitted Uses ......................................................................................................................... 5 F.Development Standards .................................................................................................................. 5 G.Signage Objectives ........................................................................................................................... 5 H.Signage Standards ............................................................................................................................ 5 I.General Plan Conformance .............................................................................................................. 6 J.Conclusion ........................................................................................................................................ 6 LIST OF EXHIBITS A.Site Maps B.Existing and Proposed Zoning Map C.Existing Conditions D.Existing Comprehensive Sign Plan E.Proposed Freestanding Project Monument Sign Plan F.General Plan Map APPENDIX A.Original Four Peaks Plaza PAD Ordinance Regulations Page | 4 Four Peaks Plaza Planned Area Development Narrative A. Introduction This Planned Area Development is for an approximately 22.5-acre portion of the existing Four Peaks Plaza Shopping Center (the “Plaza”) located at the southwest corner of Shea Boulevard and Saguaro Boulevard (See Exhibit A, Vicinity and Aerial Map). This PAD is limited to establishing site-specific Freestanding Project Monument signage standards only; all existing underlying P.U.D. C-2 uses and development standards will remain per the approved C-2 P.U.D. (Case Nos. Z-99-24 and Z2001-02), which incorporates site specific standards including use restrictions for compatibility with the surrounding area (refer to Appendix A). Additionally, there is an approximately 150-foot-wide I-1 zoned corridor which runs along the north property boundary, which has resulted in a split-zoning of the Property. Accordingly, in order to “clean up” the zoning for the Property, this PAD incorporates the I-1 zoned area and the P.U.D. C-2 standards shall apply to the incorporated area. See Exhibit B, Existing and Proposed Zoning Map. This will provide consistency with the balance of the plaza. B. Property Description The Property was developed as a shopping center 20 years ago. Today, most of the inline retail shops, which once boasted popular stores such as Pier 1 Imports, are vacant. As evidenced by the numerous “for lease” signs located throughout the Property, retail is significantly challenged at the Property. Among those, it is well known that retail shopping patterns have changed significantly in the past years, with online shopping becoming more prominent, and this trend has been exacerbated by the ongoing pandemic, with even the strongest brick-and-mortar retail struggling to bring in customers or to find or retain staff. Combined with Fountain Hills demographics (i.e. population density and part-time nature of residents), finding and keeping tenants within the Plaza has been extremely challenging. In its current state, a portion of the Four Peaks Plaza is in need of a necessary re-activation and redevelopment. Accordingly, a PAD has been filed under separate cover (Case No. RZ23-000002) for a proposed multi-family community along the west portion of the Four Peaks Plaza. That proposal seeks to provide a framework for the successful redevelopment of that portion of Four Peaks Plaza with an appropriate, high quality use which will complement and support the existing and future retail within the Plaza, and provide a new and much needed housing opportunity within the Town. In addition to efforts to bring more activity to the Property, there are significant visibility issues with the existing Plaza. Thus, in order to increase visibility of the shopping center, reduce vehicular conflicts, assist with wayfinding and visibility of the remaining tenants within the shopping center, this PAD provides a framework for updating the Freestanding Project Monument sign standards for the Property. This is necessary due to the significant slopes of the Property, drainage accommodations and overall lack of visibility of the Property today. Please refer to Exhibit C for photo illustrations of existing site constraints which limit visibility of the Property and signage. This request is limited to establishing standards for Freestanding Project Monument signage only. Page | 5 C. Project Description The intent of this PAD is to provide a framework for some flexibility for the Plaza from the rigid sign ordinance, which does not contemplate site constraints including natural features and slopes. Overall, these modifications result in increased visibility for the Plaza which is intended to reduce vehicular conflicts, assist with wayfinding and visibility of the remaining tenants within the shopping center. D. Request / Proposed Land Use Map This application requests to rezone the Property from C-2 P.U.D. and IND-1 to PAD. However, aside from signage standards, all other standards and requirements of the existing C-2 P.U.D. zoning, as established via Case Nos. Z-99-24 and Z2001-02, shall apply. E. PAD Permitted Uses Permitted uses within this PAD shall be per the approved C-2 P.U.D. for the Plaza (Case Nos. Z-99-24 and Z2001-02). Refer to Appendix A for use limitations per the adopted ordinance for the C-2 P.U.D. F. Development Standards Development standards within this PAD shall be per the approved C-2 P.U.D. for the Plaza (Case Nos. Z-99- 24 and Z2001-02). G. Signage Objectives The intent of this PAD is to provide a consistent collage of high-quality Freestanding Project Monument Signs that tastefully inform the patron while fitting in seamlessly with the context of the environment, and in a manner which preserves and protects public health, safety, and welfare within the Town of Fountain Hills. All proposed designs and sign materials shall be consistent with the established design theme of the Four Peaks Plaza, enhancing the plaza frontage and evoking a positive retail image. Two (2) Freestanding Project Monument Signs are proposed as double-faced illuminated monument signs. These signs will provide streetside display for the tenants of the Four Peaks Plaza. In the event that utility conflicts arise, the signage locations provided herein are conceptual only and are subject to final plan review and approval by the Town of Fountain Hills. H. Sign Standards The Four Peaks Plaza is subject to an existing Comprehensive Sign Plan (Exhibit D), which establishes criteria for design, sizes, and more. This request does not seek to modify established signage standards for the Four Peaks Plaza, aside from the Freestanding Project Monument Sign standards. Page | 6 Freeway Project Monument Sign standards are proposed as follows: 1. The Project is allowed two (2) Freestanding Project Monument Signs for tenant identification. These signs are to be located along Shea Boulevard. 2. These signs are to have a textured aluminum background with reverse pan channel letter that are internally illuminated with clear lexan backs, pegged 1 inch off the background for halo illumination. Approved colors shall be per the approved Comprehensive Sign Plan. No ground mounted lighting is permitted. 3. These signs shall include stacked stone as the sign base, consistent with the theme for Four Peaks Plaza. 4. Sign A shall not exceed 20 feet in height and 210 square feet in area. 5. Sign B shall not exceed 12 feet in height and 80 square feet in area. 6. These signs shall be separated a minimum of 150 feet. Refer to Exhibit E for proposed Freestanding Project Monument Sign plans which achieve the criteria above. Due to the topography of the Property and wash encumbrances, there is a significant limitation on visibility of the existing signage, as documented herein. Therefore, in order to facilitate improved wayfinding and visibility, an encroachment permit(s) may be requested to allow placement of the Freestanding Project Monument Signs within the right-of-way, but not within a median, provided all portions of the sign structure and sign face are at last three (3) feet from the curb or edge of pavement and do not overhang a sidewalk. In the event that utility conflicts arise, the signage locations provided herein are conceptual only and are subject to final plan review and approval by the Town of Fountain Hills. I. General Plan Conformance The General Plan Land Use Map designates the Property as “Shea Corridor” Character Area (Exhibit F). The General Plan, which was adopted by the Town Council and ratified by voters on November 3, 2020, highlights the Shea Corridor as a Primary Gateway entry into the Town (Table 1 Character Areas Plan, Pg. 46). Primary gateways are intended to draw more visitors to the Town and support a strong tax base and robust local economy. Design Character for Primary Gateway locations are anticipated to be designed to enhance the user’s experience as they travel to and from Fountain Hills… while defining clear wayfinding… through the use of several means, including signage. In keeping with the General Plan designation, this request does not seek to change any of the approved uses or development standards for the Property. Rather, this request seeks very limited signage allowances, consistent with the General Plan, consistent with standards used throughout the Valley, and property owner objectives. J. Conclusion This PAD provides a framework for enhanced Freeway Project Monument Signage, consistent with the character of the existing Four Peaks Plaza. Ultimately, the signage modifications requested herein are Page | 7 limited to Freestanding Project Monument Signs, which will promote increased visibility for the shops within the Four Peaks Plaza; reduce vehicular conflicts and assist with wayfinding within the designated Gateway. Exhibit A SUBJECT SITE FUTURE VILLAGE AT FOUR PEAKS (NOT A PART) EXHIBIT A: Site Aerial Map Exhibit B EXHIBIT B: Existing and Proposed Zoning Map Existing Proposed PAD Exhibit C East bound on Shea Blvd -just past the driveway, approaching Center Lane Existing4 Heavy vegetation and topography limits visibility. East bound on Shea Blvd. Existing Target Building Sign2 Target roofline First sightline into the center is just past the proposed redevelopment site. 4 Shea Blvd. and approaching Center Lane intersection Existing Monument Sign Monument Sign At the decision point to turn into the Center, the monument sign is not visible. 5 Shea Blvd. and Center Lane intersection Existing Monument Sign Exhibit D Exhibit E OVERALL PROPOSED SITE PLAN NOTTO SCALE II VESCO® Custom Electric Signs .. Phoenix Division 6725 West Chicago Street Chandler, AZ 85226 480.449.3726 www.yesco.com DESIGN This drawing was created to assist you in visualizing our proposal. The original ideas herein are the property of VESCO. Permission to copy or revise this drawing can only be obtained through a written agreement with VESCO. Client: Four Peaks Plaza Address: 16825 E. Shea Blvd. Fountain Hills, AZ 85268 Account Executive: Tim Lambson Designer: Mark R. Date: 05.03.2021 DPY: 39425 Revisions: No. Date 05.06.2021 A 05.12.2021 A 06.15.2022 A 01.11.2023 Customer Approval: x ____________ _ Client Signature I Date x ____________ _ Landlord Signature I Date AZ Contractor Licenses: Signs #ROC260959 Awnings #ROC260960 Electrical #ROC260958 PAGE 4 10 . 0 ' 10 . 0 ' RIGHT-OF-WAY/SITE BOUNDARY 15" SEWER LINE 20' SEWER EASEMENT RIGHT-OF-WAY/SITE BOUNDARY 15" SEWER LINE 20' SEWER EASEMENT SIGHT DISTANCE VISIBILITYSIGHT DISTANCE VISIBILITY PROPOSED SIGN LOCATION PROPOSED SIGN LOCATION SEWER DEPTH 10'-12'SEWER DEPTH 10'-12' 20 . 0 ' 20 . 0 ' 10 . 0 ' RIGHT-OF-WAY/SITE BOUNDARY 15" SEWER LINE 20' SEWER EASEMENT SIGHT DISTANCE VISIBILITY RIGHT-OF-WAY/SITE BOUNDARY 15" SEWER LINE 20' SEWER EASEMENT 10 . 0 ' SIGHT DISTANCE VISIBILITY EXISTING SIGN LOCATION SEWER DEPTH 10'-12'SEWER DEPTH 10'-12' PROPOSED SIGN LOCATION PROPOSED SIGN LOCATION EXISTING SIGN LOCATION 20 . 0 ' 20 . 0 ' SIGN A - LOCATION CONTEXT SIGN B - LOCATION CONTEXT N 0'20' FOUNTAIN HILLS, AZ DATE: OCTOBER 26, 2023 | BY: JBK | SCALE: APPROX CONCEPTUAL SIGN LOCATIONS 10'FOUR PEAKS PLAZA NOTE: SIGN LOCATIONS ARE CONCEPTUAL AND SUBJECT TO FINAL PLAN APPROVAL A MANUFACTURE & INSTALL ONE (1) D/F ILLUMINATED MONUMENT DISPLAY PERSPECTIVE VIEW N.T.S. 206 SQ FT 1.ALUMINUM TOP ACCENT WITH LIGHT BEIGE PAINTED FINISH 2.ALUMINUM CABINET WITH PAINTED BEIGE FINISH 3.ILLUMINATED PAN CHANNEL LETTERS & LOGO WITH RED FINISH, RED ACRYLIC FACES, 20'-0" RED TRIM CAP, ILLUMINATED WITH RED LEDs (COMPLY WITH CORPORATE STANDARDS) 4.ALUMINUM CABINET WITH STACKED STONE FINISH TO MATCH EXISTING 5.ALUMINUM TENANT CABINET WITH DARK BEIGE FINISH/ LIGHT BEIGE FACES 6.ALUMINUM PAN CHANNEL LETTERS WITH PAINTED RETURNS, ACRYLIC FACES, TRIM CAP, VINYL OVERLAY ON FACES, ILLUMINATED WITH WHITE LEDs 7.BLACK VINYL LOGO 21'-7"------------ ------9'-9"-----------<- 2'fo,, �===:;;::::====._I 8'-4" 5' O" SCALE: 1/4" = 1'-0" 7. 6. 5. II VESCO® Custom Electric Signs .. Phoenix Division 6725 West Chicago Street Chandler, AZ 85226 480.449.3726 www.yesco.com DESIGN This drawing was created to assist you in visualizing our proposal. The original ideas herein are the property of VESCO. Permission to copy or revise this drawing can only be obtained through a written agreement with VESCO. Client: Four Peaks Plaza Address: 16825 E. Shea Blvd. Fountain Hills, AZ 85268 Account Executive: Tim Lambson Designer: Mark R. Date: 05.03.2021 DPY: 39425 Revisions: No. Date 05.06.2021 05.12.2021 06.15.2022 A 01.11.2023 Customer Approval: x _______ _ Client Signature I Date x _______ _ Landlord Signature I Date AZ Contractor Licenses: Signs #ROC260959 Awnings #ROC260960 Electrical #ROC260958 PAGE 2 4 Shea Blvd. and approaching Center Lane intersection Proposed Monument Sign (A) A larger sign moved closer to the street will provide the identity needed to guide customers into the center and support the retail businesses. B MANUFACTURE & INSTALL ONE (1) D/F ILLUMINATED MONUMENT DISPLAY PERSPECTIVE VIEW N.T.S. 76 SQ FT 12'-0" 1.ALUMINUM TOP ACCENT WITH LIGHT BEIGE PAINTED FINISH 2.ALUMINUM CABINET WITH PAINTED BEIGE FINISH 3.ILLUMINATED PAN CHANNEL LETTERS & LOGO WITH RED FINISH, RED ACRYLIC FACES, RED TRIM CAP, ILLUMINATED WITH RED LEDs (COMPLY WITH CORPORATE STANDARDS) 4.ALUMINUM CABINET WITH STACKED STONE FINISH TO MATCH EXISTING 5.ALUMINUM TENANT CABINET WITH DARK BEIGE FINISH/ LIGHT BEIGE FACES 6.ALUMINUM PAN CHANNEL LETTERS WITH PAINTED RETURNS, ACRYLIC FACES, TRIM CAP, VINYL OVERLAY ON FACES, ILLUMINATED WITH WHITE LEDs 7.BLACK VINYL LOGO -------7'-6"------------ 4'-9 ½" l 10 ½" r SCALE: 3/8" = 1 '-0" II VESCO® Custom Electric Signs .. Phoenix Division 6725 West Chicago Street Chandler, AZ 85226 480.449.3726 www.yesco.com DESIGN This drawing was created to assist you in visualizing our proposal. The original ideas herein are the property of VESCO. Permission to copy or revise this drawing can only be obtained through a written agreement with VESCO. Client: Four Peaks Plaza Address: 16825 E. Shea Blvd. Fountain Hills, AZ 85268 Account Executive: Tim Lambson Designer: Mark R. Date: 05.03.2021 DPY: 39425 Revisions: No. Date 05.06.2021 05.12.2021 06.15.2022 A 01.11.2023 Customer Approval: x _______ _ Client Signature I Date x _______ _ Landlord Signature I Date AZ Contractor Licenses: Signs #ROC260959 Awnings #ROC260960 Electrical #ROC260958 PAGE 3 Exhibit F EXHIBIT F: General Plan Map (Shea Corridor) Appendix A Citizen Participation Report Village at Four Peaks Generally Located at the SEC of Shea Blvd & Technology Dr Prepared by: Withey Morris Baugh, PLC 2525 East Arizona Biltmore Circle Suite A-212 Phoenix, Arizona 85016 Rezoning Case No. RZ23-000002 Submittal Date: November 27, 2023 1 1. Project Description/Request The subject site is an approximately 6.7-acre property located at the southeast corner of Shea Boulevard and Technology Drive (Tab 1). This requested PAD (Case No. RZ23-000002) seeks to establish site-specific permitted uses, as well as development standards and design criteria for a high quality 316-unit, 4-story wrap residential community (the “Community”). The proposed Community will provide new and diverse housing opportunities within the Town of Fountain Hills, which will accommodate a variety of lifestyles and life cycles. This report outlines the applicant’s citizen participation efforts to date. 2. Outreach/Notification Timeline • June 6, 2023: Initial neighborhood meeting notice letters mailed by the applicant to all applicable parties within 500 feet of the Property. • June 21, 2023: An in-person neighborhood meeting for the proposed project was held at the Four Peaks Plaza, located at 16815 E. Shea Blvd, Suite 123, Fountain Hills. • September 1, 2023: A second, voluntary, neighborhood meeting notice letter was mailed by the applicant to all applicable parties within 500 feet of the Property; and, within 300 feet of the larger shopping center property due to a concurrent Sign PAD request for the overall balance of the Four Peaks Plaza. • September 18, 2023: A second, voluntary neighborhood meeting was held regarding the proposed Community, concurrent with the required neighborhood meeting for the Four Peaks Plaza Sign PAD. • November 22, 2023: Two (2) public hearing signs were posted to the Property with public hearing dates. • Town staff facilitated public hearing noticing and newspaper advertising. 3. Neighborhood Meeting Summaries A. Initial In-Person Neighborhood Meeting The applicant, along with the project development team, attended the in-person neighborhood meeting. Approximately three (3) interested individuals attended the neighborhood meeting. 2 The attendee list for the initial neighborhood meeting is enclosed at Tab 2. Attendees had general questions primarily regarding: visual impacts; timing for approvals; traffic; noticing requirements; and, average lease terms. The applicant team responded to attendee comments as outlined below: 1. Visual Impacts Neighborhood meeting attendees requested information regarding the building height. The applicant provided the building heights and further explained the grade differences between the subject site and adjacent right-of-way. Neighborhood meeting attendees requested additional information regarding potential visual impacts from beyond Shea Boulevard and Trevino Drive. The applicant indicated that the project team would work to provide an additional rendering and line-of-sight exhibit, which would be shared at a follow-up meeting. This exhibit would help provide context for the ultimate view. 2. Timing for Town Process The applicant confirmed that the typical rezoning process is six to nine months, and that the project was in the very early stages, and would likely take until the end of 2023 to get through the Town’s zoning process. 3. Traffic The applicant advised that the overall development would generate less trips per day compared to the retail center at full occupancy, and that any mitigation would be provided, as required by the Town. 4. Noticing Requirements A neighborhood meeting attendee requested confirmation regarding outreach efforts. The applicant advised that notification was mailed beyond the Town’s requirements; and, that additional outreach would occur—beyond that required by the Town— including a follow-up neighborhood meeting. 5. Workforce Questions were raised regarding the Fountain Hills workforce that the development is seeking to capture, as well as general leasing questions. The applicant advised that additional information would be captured through the process and that a typical leasing structure would be used, with most common leases lasting one (1) year. B. Second (Voluntary) In-Person Neighborhood Meeting 3 In response to questions raised regarding elements of the proposed development during the first neighborhood meeting, the applicant generated additional exhibits and a second (voluntary) neighborhood meeting was scheduled to share updates with interested parties. The applicant, along with the project development team, attended the in-person neighborhood meeting. In addition, three (3) interested individuals attended the neighborhood meeting. See the sign-in sheet enclosed at Tab 3. During the second, voluntary, neighborhood meeting, the applicant shared a line-of-sight exhibit and section with interested parties, illustrating the proposed change. Refer to Tab 4, Line of Sight Exhibits. Attendees had general questions, primarily regarding: interior qualities; traffic; compatibility; commercial vacancy; and building height. 1. Interior Qualities The applicant advised that the interiors of the units and amenity areas would be designed reflective of the luxury vernacular of the overall development, and would be consistent with other luxury developments. 2. Traffic The applicant advised that the overall development would generate less trips per day compared to the retail center at full occupancy, and that any mitigation would be provided, as required by the Town. Upon further review of traffic impacts, the applicant—in working with the project’s traffic engineer—has concluded that the level of service to adjacent roadways will remain unchanged once the project is developed, meaning the levels of delay and service of the roadway should remain consistent with what is experienced currently. 3. Compatibility One of the industrial business owners in the area raised the question of compatibility for the proposed use within the area. It was discussed that there are several horizontal mixed-use / mixed-development areas within the Valley where residential is located proximate to employment uses. The area’s land use pattern was discussed in detail. 4. Commercial Vacancy The overall vacancy of the Four Peaks Plaza was discussed, with attendees acknowledging the long-term existing conditions. 5. Building Height 4 The applicant discussed building height with attendees and explained that the maximum building heights are to accommodate parapets and architectural ornamentation. Further, it was discussed that the site is sub-grade, with a significant amount of existing landscaping and natural buffers. One (1) neighbor asked the applicant to send the exhibits to him for further review, and upon doing so, the applicant has not heard any additional feedback regarding building height. The applicant team is optimistic that several initial concerns have been met and the applicant will continue to keep an open line of communication with the community and interested parties throughout the process. 4. Correspondence to Applicant The applicant is not directly in receipt of any neighbor correspondence; however, the Board of Directors of the Fountain Hills Chamber of Commerce has provided the enclosed letter of support for the proposed development (Tab 5).