HomeMy WebLinkAboutAGENDApacket__05-09-22_0439_343
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
Chairman Peter Gray
Vice Chairman Scott Schlossberg
Commissioner Patrick Dapaah
Commissioner Clayton Corey
Commissioner Susan Dempster
Commissioner Dan Kovacevic
Commissioner Rick Watts, Jr.
TIME:6:00 P.M. – REGULAR MEETING
WHEN:MONDAY, MAY 9, 2022
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s Council, various Commission, Committee or Board members may be in attendance at the Commission meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings
of the Commission are audio and/or video recorded and, as a result, proceedings in which children are present may be subject
to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a
child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S.
§1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Commission meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of
the Council Chambers, and hand it to the Executive Assistant prior to discussion of that item, if
possible. Include the agenda item on which you wish to comment. Speakers will be allowed three
contiguous minutes to address the Commission. Verbal comments should be directed through the
Presiding Officer and not to individual Commissioners.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card,
indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda
item, and hand it to the Executive Assistant prior to discussion, if possible.
REGULAR MEETING
REGULAR MEETING
1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE –
Chairman Gray
2.ROLL CALL – Chairman Gray
3.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on
the agenda. Any such comment (i) must be within the jurisdiction of the Commission, and (ii) is subject
to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action
on matters raised during Call to the Public unless the matters are properly noticed for discussion and
legal action. At the conclusion of the Call to the Public, individual commissioners may (i) respond to
criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Commission
agenda.
4.CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes
of the Planning and Zoning Commission February 14, 2022 and March 14, 2022.
5.CONSIDERATION AND POSSIBLE ACTION: A request for approval of a Special
Use Permit to allow up to five dwelling units in the C-C (Common Commercial) zoning
district on an 8,000 square-foot lot located at the northwest corner of El Pueblo
Boulevard and Ivory Drive. (Case #SUP22-000001)
6.REVIEW, DISCUSS, AND PROVIDE DIRECTION ON possible Zoning Ordinance text
amendments to address drug and alcohol treatment centers and detoxification
facilities.
7.CONSIDERATION AND POSSIBLE ACTION: annual report on the implementation of
the Fountain Hills General Plan 2020.
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
CERTIFICATE OF POSTING OF NOTICE
Planning and Zoning Commission Meeting of May 9, 2022 2 of 3
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Planning and Zoning Commission with the Town Clerk.
Dated this ______ day of ____________________, 2022.
_____________________________________________
Paula Woodward, Executive Assistant
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or
1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Commission with this agenda are
available for review in the Development Services' Office.
Planning and Zoning Commission Meeting of May 9, 2022 3 of 3
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/09/2022 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: Paula Woodward, Executive Assistant
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the
Planning and Zoning Commission February 14, 2022 and March 14, 2022.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and
action that took place at the meeting for archival purposes. Approved minutes are placed on the
Town's website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the meeting minutes of the regular meeting minutes of the
Planning and Zoning Commission February 14, 2022 and March 14, 2022.
SUGGESTED MOTION
MOVE to approve the regular meeting minutes of the Planning and Zoning Commission
February 14, 2022 and March 14, 2022.
ITEM 5.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/09/2022 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language):
CONSIDERATION AND POSSIBLE ACTION: A request for approval of a Special Use
Permit to allow up to five dwelling units in the C-C (Common Commercial) zoning district on an
8,000 square-foot lot located at the northwest corner of El Pueblo Boulevard and Ivory Drive.
(Case #SUP22-000001)
Staff Summary (Background)
The property at the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. is zoned C-C,
Common Commercial. This zoning district is the same as the C-1, Neighborhood Commercial
and Professional, zoning district, but allows for common parking areas rather than parking on
individual lots. The property at this corner was platted in 1973 for this type of development.
The building along El Pueblo Blvd. and a portion of the parking along the street were
constructed prior to January 1986. Additional buildings and parking were slowly added over the
years. The development as it exists today has been in place since 2004.
The lot at the corner of Ivory and El Pueblo is just under 8,000 sq. ft. The applicant is proposing
to construct a building on the property that will have a 1,900 sq. ft. office and other future tenant
space on the ground floor and residential uses on the second floor. A concept plan has been
submitted to illustrate how the lot could be developed. Residential uses are allowed in the
commercial zoning districts only through approval of a Special Use Permit (SUP). Following
approval of the SUP the applicant will prepare a final site plan as required by Sec. 2.04 of the
Zoning Ordinance for review and approval by staff.
Section II of the Fountain Hills General Plan 2020 discusses the elements that help create
thriving neighborhoods. One of the items listed is having a variety of housing types. This
section includes policies to encourage a broad range of housing types affordable to all income
ranges and a range of housing types and densities consistent with the character area. Allowing
for the mixed-use building will also further the General Plan's goal of helping to attract young
families and new business to the Town.
Section III of the general plan includes the information on the Character Areas in the Town.
This small commercial area at Glenbrook and Fountain Hills Boulevard was included as part of
This small commercial area at Glenbrook and Fountain Hills Boulevard was included as part of
the surrounding Neighborhood character type. More specifically, this area is considered a
Mixed Neighborhood with smaller lots and a mix of non-residential uses. This existing
commercial area is intended to remain a low intensity area with any further development or
redevelopment consistent with the surrounding neighborhood. Allowing the proposed
residential use within this commercial area would be consistent the intent of the Plan for this
area.
The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial
zoning districts with the approval of a SUP. Section 2.02 of the zoning ordinance establishes
the process and criteria for consideration of a SUP. Section 2.02 D. 5. of the zoning ordinance
states:
5. In order to recommend approval of any use permit, the findings of the
Commission must be that the establishment, maintenance, or operation of the use or
building applied for will not be detrimental to the public health, safety, peace, comfort, and
general welfare of persons residing or working in the neighborhood of such proposed
use, nor shall it be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the Town.
This area has been zoned and platted prior to incorporation of the Town for commercial uses. It
is still the desire of the Town to have this be a successful commercial center. The questions
become:
Would allowing residential use on the second floor of this proposed building be
detrimental to the desired commercial activity?
1.
Would the residential use be detrimental to the public health, safety, peace, or comfort
of the neighborhood?
2.
Is the residential use being designed and established in a manner that creates a desirable
living environment?
3.
A review of this property shows that over its almost 50-year history it has not fully developed
and has largely been underutilized. The existing parking lot is in poor shape. Facilitating the
development by allowing a mix of uses will help to improve the overall quality of the
development by introducing a new building and additional activity on the property. More people
living nearby can provide customers to the businesses. One SUP has already been approved
in this development to allow second floor residential in an existing building.
The C-C zoning district allows buildings up to 25' tall. The adjacent property to the east and
south is zoned R-2 and built with single-story duplex condominiums. While none of the other
properties are currently developed with two-story buildings, they are permitted on this property
and all the surrounding properties. The properties across Ivory Dr. are developed with duplex
condominiums. According to the information available from the County Assessor's website,
these homes have around 1,500 sq. ft. of living space in each home. The proposed dwellings
are mostly 1,100 sq. ft. each, with one being 825 sq. ft. in size. Five additional residential
dwellings across the street from an existing residential neighborhood should not be detrimental
to that neighborhood. Through the formal site plan review staff can consider the proposed
architecture of the building to fit in with the surrounding neighborhood character.
The concepual design has access to the apartments from El Pueblo and the parking lot to the
The concepual design has access to the apartments from El Pueblo and the parking lot to the
north. The units will be access from a central hallway and each will have a private patio space.
The ground floor may be used to provide each unit a private storage space. Residents here will
have access to shopping, schools, parks, and churches. Development of this lot should help
facilitate redevelopment and upgrading of the landscape in the parking lot.
The only issue staff has with the development of this property, for any use, is the parking. The
spaces are not properly striped, so staff can only estimate the number of parking spaces
available in the lot, which we estimate at 110. If all the lots were built with one-story retail or
office uses (no restaurants), 187 parking spaces would be required by code. Residential
development requires less parking than commercial uses. If the entire area was developed
with 1,000 sq.ft. apartments (46 units), the ordinance would require 104 parking spaces. There
is a much larger parking field in the western portion of Plat 106, but the ordinance states the
minimum required parking must be within 300 feet of the use.
The request is to allow part of the total floor space allowed by code to be used for residential
rather than commercial purposes. Doing so reduces the parking demand compared to having
the maximum area built for commercial uses. The current proposal requires a minium of 36
parking spaces. While staff is supportive of the concept to allow residential use, the specific
proposal will likely have to be reduced. When the site plan is submitted for review, staff will
work with the applicant and the property owner's association to determine how many of the
available spaces will be dedicated to this property and what size building and number of
residential units can be added to this lot.
While not part of the SUP review, staff wants to point out that the ground floor use of the
building cannot be for storage, other than storage areas provided for the residents of the
apartment units. Staff does not see the need for a roll up door facing Ivory and the residential
neighborhood across the street and would like to see that removed from a final site plan.
Citizen Participation
The applicant provided a Citizen Participation Plan as part of his application. That plan included
sending letters to all property owners within 300' by March 16. The letter described the project,
provided contact information for any residents who had questions and offered to meet with
residents if desired.
A Citizen Participation Report was received on April 26. The applicant did not receive any
comments from the public. One nearby property owner came to Town Hall to discuss the
project. They were unaware that 2-story development was possible in this commercial center
and did not want to have buildings that tall. They were encouraged to contact the applicant to
discuss their concerns.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.02, Special Use Permits
Zoning Ordinance Section 12.03, Uses Subject to Special Use Permits in the C-C, C-1, C-2,
and C-3 Zoning Districts Only
2020 General Plan, Thriving Neighborhoods and Character Areas
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the Special Use Permit for up to 5 dwelling units on this
property. The number that will be allowed will be determined through the formal site plan review.
SUGGESTED MOTION
MOVE to approve SUP22-00001 to allow up to 5 dwelling units as approved through site plan
review.
Attachments
Vicinity Map
Site Plan and Elevations
Project Narrative
Citizen Participation Plan
Citizen Participation Report
Vicinity
CASE: SUP22-000001
SITE / ADDRESS:
15006 N Ivory Drive
APN 176-04-715
REQUEST:
Special Use Permit - Mixed Use
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Vicinity MapMap ::CaseCase DetailsDetailsSUP22-000001SUP22-000001
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SITE PLAN
ELEVATIONS
This project consists of a proposed 2-story, 13,180 S.F. Mixed Use Building with first floor commercial &
residential condos/apartments above, on a vacant commercial lot. First Floor commercial will consist of
an approximately 1,900 sq. ft. office with a 3,800 garage/storage space that will be occupied by
Owner/Developer, Gurczak Luxury Development. Second Floor will have 5 luxury residential
condos/apartments that average approx. 1,100 sq. ft./unit & have private balconies. The parcel is zoned
C-C & part of an existing, largely undeveloped, commercial shared parking development.
Citizen Participation Plan for Gurczak Luxury Development Mixed-Use Special Use Permit
Date: 3-7-2022
Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners,
and nearby neighborhood associations of the special use permit application for a new
mixed-use development. This plan will ensure that those affected by this application will
have an adequate opportunity to learn about and comment on the proposal.
Applicant:
Gurczak Luxury Development LLC
P.O. Box 20256
Fountain Hills, AZ 85268
(480) 272-1308
Email: John.Gurczak@gmail.com
Location: The property being considered for this SUP is located at the northwest corner of El Pueblo Blvd
& Ivory Dr.
Action Plan: In order to provide effective citizen participation in conjunction with this
application, the following actions will be taken to provide opportunities to understand and
address any real or perceived impacts of the development that members of the community
may have.
1. A contact list will be developed for citizens and HOA’s within 300’ of the project
location.
2. All persons listed on the contact list will receive a letter describing the project, project
Schedule & Site plan. Citizens will be provided with contact information on where to send letters/emails
with their questions/concerns. The letters/emails received will be submitted with the Citizen
Participation Report to the Town.
3. Presentations will be made to groups of citizens or neighborhood associations upon
request. Copies of the sign-in list and any comments will be submitted with the Citizen
Participation Report.
4. An email will be sent to the case planner following each milestone, and
at any other time there is significant input, to inform the staff of the progress of
implementing the Plan.
Schedule:
Mail letters by March 16th, 2022
Citizen Participation Report for 15006 N. Ivory Dr. Special Use Permit
Date of Report: 4-26-2022
Overview: This report provides results of the implementation of the Citizen Participation Plan for 15006
N Ivory Dr. This site is located at northeast corner of El Pueblo Dr. & Ivory Dr. This report provides
evidence that citizens, neighbors, and interested persons have had adequate opportunity to learn about
and comment on the proposed plans and actions addressed in the application.
Contact:
John Gurczak
P.O. Box 20256
Fountain Hills, AZ 85268
480-272-1308
John.Gurczak@gmail.com
Correspondence: Certified Letters were mailed to contact list (42) on 3-16-2022, including all property
owners & one HOA within 300’
Results: There are 42 persons on that contact list as of the date of this Citizen Participation Report.
There was no correspondence received either by mail or email. Eight letters were rejected & not
accepted by property owners. Tract 106 Commercial Property Owners Association supports approval of
the Special Use Permit.
ITEM 6.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/09/2022 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language): REVIEW,
DISCUSS, AND PROVIDE DIRECTION ON possible Zoning Ordinance text amendments to
address drug and alcohol treatment centers and detoxification facilities.
Staff Summary (Background)
The Commission began study of a possible text amendment at their meeting in March. At that
meeting staff presented some basic background information on these types of uses, the primary
zoning districts to be considered for these uses, and some existing similar uses in town. The
discussion from staff also included some possible options that could be considered to help
address compatibility or impact issues, such as limiting outdoor seating, requiring a good
neighbor policy, and contact information.
Discussion by the Commission focused mostly on consideration of separation requirements
from other uses that might be negatively impacted.
Alcohol and drug abuse is an issue that affects virtually all cities and towns. A 2019 National
Survey on Drug Use and Health shows that 5.3% of the U. S. population aged 12 and over
suffers from Alcohol Use Disorder. If Fountain Hills follows the national trend, that means over
1,000 of our citizens struggle with this condition. Another study shows 11.7% of Americans 12
and older use illegal drugs. This translates into around 2,500 people in Fountain Hills. There
has been some expression that the services provided by detoxification facilities and treatment
centers are for people from outside of Fountain Hills. While it is likely that a number of people
that participate in these programs are from out of the Town, particularly those who reside in a
community residence while in treatment, there are local residents who need and use these
services. This need is also shown in the fact there are 9 Alcoholics Anonymous groups that
meet in Fountain Hills.
The Town's zoning ordinance currently allows for a variety of medical services, many of which
are currently provided in the community. Substance abuse treatment centers and detoxification
facilities are types of medical services. To the degree they are the same as other medical uses
they, should be treated in the same manner. If there are differences in land use impacts, then
consideration can be given to addressing those impacts.
consideration can be given to addressing those impacts.
Treatment Centers
The zoning ordinance defines treatment centers as: "Facilities providing lodging and meals and,
primarily, treatment, training or education as a part of an alcoholism or drug addiction program."
While the use is not specifically listed in any zoning district, Fountain Hills Recovery, a licensed
business in Town providing these services, is located in a C-2 zoning district. That indicates
that this use, when it does not contain an on-site living component, has been recognized as a
use permitted in this zoning district. The primary characteristics of this land use are similar to
other listed uses for this district (e.g. dentist, physicians, medical offices, counselors, etc.).
Therefore, it seems appropriate to continue allowing this use, by right, in the C-2 and C-3
zoning districts.
Through the discussion regarding community residences, particularly with regard to sober living
homes, it was recognized there is a need to better address treatment centers that include
lodging at the treatment center within our definitions and listed uses. Modifying the current
definitions will provide clarity that such uses are different from a treatment center that does not
provide housing and different than a transitional community residence. Because the focus in
these facilities is on treatment, they do not have to be allowed in residential zoning districts. To
address this, staff is considering the following changes in definitions:
SUBSTANCE ABUSE Treatment Center: Facilities providing OUTPATIENT lodging and
meals and, primarily, treatment, training or education as a part of an alcoholism or drug
addiction program WITHOUT ON-SITE LODGING.
SUBSTANCE ABUSE TREATMENT CENTER, LODGING: FACILITIES PROVIDING
TREATMENT, TRAINING, OR EDUCATION AS PART OF AN ALCOHOLISM OR
DRUG ADDICTION PROGRAM WHERE CLIENTS LODGE AT THE FACILITY AND
RECEIVE MEALS, TYPICALLY FOR A PERIOD OF 30 DAYS TO 90 DAYS.
With this definition for a center that includes lodging, the question then becomes what
are the land use characteristics and impacts that help place it in the best zoning
district(s) and establish any associated development standards. In many respects this
use is very similar to any other medical office, except the patients stay at the facility and
the medical staff come and go. It is also in operation 24/7, although any activity at night
is typically limited. Given that the person desiring to go into treatment could possibly
arrive at odd times and from a variety of means and, more importantly, could choose to
leave at odd hours, it is appropriate to consider some policy or procedure requirements
for how the facility will manage these transitions to ensure individuals coming or going
will not be left to wonder through the surrounding neighborhood. Some regulations
which may go along with this use could include: providing a written procedure for how
they will assist arriving and departing patients to ensure they are not left to impact the
surrounding neighborhood, a separation requirement of some distance from residential
developments and parks, a not allowing outdoor seating areas in front of the building
and/or requiring an indoor waiting area be provided.
Detoxification Facilities
Detoxification facilities are not currently defined in our zoning ordinance or listed as an
Detoxification facilities are not currently defined in our zoning ordinance or listed as an
allowed use. The use is, however, similar to other medical uses that are allowed in the
zoning ordinance. In fact, any doctor could be assisting a patient through a detoxification
process at any medical office. The focus of this regulation is for those facilities with the
primary focus of providing detoxification services. As with the treatments centers, there
are two basic levels of detoxification facilities - outpatient and inpatient. Possible
definitions for these two types of facilities are:
DETOXIFICATION FACILITY, OUTPATIENT: FACILITIES PROVIDING OUTPATIENT
DRUG OR ALCOHOL DETOXIFICATION SERVICES WITH OR WITHOUT
ASSOCIATED TRAINING, EDUCATION, OR TREATMENT SERVICES AT THE SAME
LOCATION.
DETOXIFICATION FACILITY, INPATIENT: FACILITIES PROVIDING INPATIENT
DRUG OR ALCOHOL DETOXIFICATION SERVICES.
When a person decides to stop using a drug or alcohol their body will go through
withdrawal. Symptoms of withdrawal can be mild to severe and include things such as
anxiety, depression, changes in blood pressure, sweating, hallucinations, and delirium
tremens (a life-threatening condition). Medical staff in a detoxification facility work with
the individual and tailor a detoxification program based on the individual needs. Services
often include medications to help treat the symptoms.
From what staff has learned some, maybe many, outpatient detoxification facilities also
include treatment programs at the same location. Beginning treatment early can help
give the individual the tools to continue with the detoxification and withdrawal process.
In many respects the characteristics of an outpatient detoxification facility are not much
different from other medical office uses. Patients will come and go as they receive
services. Staff has inspected several sites in surrounding communities which provide
outpatient detoxification services. Most of these facilities are located in commercial
shopping and office areas along with tenants of the other buildings. In most cases there
was no observed difference or impact of the detoxification facility operation; in one case
there was clear evidence as clients congregated outside the facility and on a nearby
street corner.
The detoxification uses could also have a requirement that the facility provide a good
neighbor policy, a separation requirement from specific uses, and indoor waiting areas.
The zoning ordinance currently includes separation requirements for adult uses and
medical marijuana facilities. Those separation requirements are summarized in the
following table.
Use Separation Distance from Given Use
2000'1000'500'300'
Adult Use Churches, Schools,
Similar Uses
None Bars,
Parks
Residential
Medical
Marijuana
Schools, Child care,
Similar Uses
Library,
Parks
Churches None
Staff has prepared maps that show the impact of these separation distances on existing
C-2 and C-3 zoned property, they are attached. While it could be appropriate to
establish some separation requirements, the effect cannot be to totally eliminate the
opportunity to provide the use in the Town. It is likely that the combination of these
separation requirements will be too restrictive, but they provide a place to start a
discussion.
At the March meeting the Commission requested a walk map showing 1/4 mile (5
minute) and 1/2 mile (10 minute) walk distances from existing commercial areas. That
map is attached.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
Staff will be looking for consensus direction on options for an ordinance but no motions will be
made.
Attachments
Walk Map
Residential Separation
Bars Separation
Parks Separation
Schools Separation
DEVELOPMENT SERVICES
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EXHIBIT MAP
LEGEND:
Commercial Zoning
Areas
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TOWN OF INC. 1989
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LEGEND:
C-2 and C-3 Zoning
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DEVELOPMENT SERVICES
All that is Ar i z o n a
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TOWN OF INC. 1989
EXHIBIT MAP
LEGEND:
C-2 and C-3 Zoning
School
2,000 feet buffer
Medical Marijuana
Vacant ParcelV
ITEM 7.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/09/2022 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):
CONSIDERATION AND POSSIBLE ACTION: annual report on the implementation of the
Fountain Hills General Plan 2020.
Staff Summary (Background)
Arizona Revised Statutes Section 9-461.07 A. 2. states that after the municipal legislative body
has adopted a general plan, the community’s planning agency shall render an annual report to
the legislative body on the status of the plan and progress in its application. The Town adopted
its current general plan on November 3, 2020. The first annual report was presented before the
Planning and Zoning Commission on April 12, 2021, and was forwarded to Council on May 18,
2021. At that time, the Town was in a unique position by virtue of having just adopted a new
general plan, and addressed the efforts that were underway to begin implementation of the 2020
General Plan.
The Fountain Hills General Plan 2020 includes the following requirement:
Each year, the Fountain Hills Development Services Department must prepare, and the
Fountain Hills Planning & Zoning Commission must review and submit to the Town Council an
annual report on the status of the General Plan progress. The report must include, but not be
limited to, the following:
A summary of General Plan amendments processed during the preceding year and those
pending review, including General Plan amendments initiated by Town Council.
A report on the progress and status of implementation actions enumerated in the General
Plan Implementation Strategy.
A review of policy issues which may have arisen regarding provisions of the General Plan.
A recommendation for General Plan amendments to be initiated to maintain an effective,
up-to-date General Plan including policy changes, clarifications, and new policy
development; changes in character area; and other applicable changes. The
recommendation may also include suggestions to change implementation actions
priorities, as Town’s priorities shift, as well as General Plan amendments, if any, to be
included in the work program for the following fiscal year.
Attached is a draft report for the Commission's review and consideration. Report content
includes status updates received from the lead departments for various goals and policies
contained in the general plan. Based on comments from the Commission, staff will either bring
the report back for further review or forward it to Council. The attached draft report includes a
brief overview of actions taken during the 2021 calendar year to implement provisions of the
2020 General Plan.
Related Ordinance, Policy or Guiding Principle
Fountain Hills General Plan 2020
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends forwarding the annual report to the Town Council.
SUGGESTED MOTION
MOVE to forward the General Plan Annual Report to the Town Council.
Attachments
2021 Annual Report
Fountain Hills
General Plan
Annual Report 2021
Background and Purpose
Arizona Revised Statutes Section 9-461.07 A. 2. states that after the municipal legislative body has
adopted a general plan, the community’s planning agency shall render an annual report to the legislative
body on the status of the plan and progress in its application.
The Town of Fountain Hills has adopted and implemented general plans in accordance with state
statutes since 2002. The Fountain Hills General Plan 2010 was adopted by the Council January 7, 2010
and was the guiding document for the Town until the voters ratified the 2020 General Plan on
November 3, 2020. This annual report summarizes the Town’s implementation efforts for the 2021
calendar year.
Fountain Hills General Plan 2020
The Fountain Hills General Plan 2020 was adopted by Council on May 19, 2020 and ratified by the voters
on November 3, 2020 as a long-term vision for local development. The Plan did not become official for
use by staff and the Town until it was ratified by the voters. Therefore, little actual implementation was
reported for 2020. This report, although also brief, discusses some implementation advances in 2021
and continued efforts going into the next several years.
Page 124 of the 2020 Plan includes direction regarding the annual report. It states:
Each year, the Fountain Hills Development Services Department must prepare, and the
Fountain Hills Planning & Zoning Commission must review and submit to the Town Council an
annual report on the status of the General Plan progress. The report must include, but not be
limited to, the following:
1. A summary of General Plan amendments processed during the preceding year and
those pending review, including General Plan amendments initiated by Town Council.
2. A report on the progress and status of implementation actions enumerated in the
General Plan Implementation Strategy.
3. A review of policy issues which may have arisen regarding provisions of the General
Plan.
4. A recommendation for General Plan amendments to be initiated to maintain an
effective, up-to-date General Plan including: policy changes, clarifications, and new
policy development; changes in character area; and other applicable changes. The
recommendation may also include suggestions to change implementation actions
priorities, as Town’s priorities shift, as well as General Plan amendments, if any, to be
included in the work program for the following fiscal year.
Summary of General Plan Amendments
No amendments were processed in 2021.
Progress on Implementation Actions
This section briefly highlights progress and implementation actions as they relate to each of the eight
general plan Elements and their respective goals and policies. Each goal and policy identifies an
anticipated time frame for completion. The most immediate goals were to be initiated no later than six
months after ratification by the voters. Due to a number of factors attributed to the pandemic and
extended vacancies in various departments, including managerial positions, most of the immediate
implementation efforts have been delayed and carried over into the 2022 calendar year. However, there
is considerable progress to report on a number of fronts.
Thriving Neighborhoods Element
Staff is currently working with a number of economic development partners to gather data for
housing type and neighborhood preferences to attract working professionals and families with
children through marketing efforts. (Goal 1, Policy 5)
In 2021, the Town completed 360 lane miles of street sweeping and 145,518 square yards of crack
filling. (Goal 1, Policy 1)
The Town approved a zoning ordinance text amendment allowing extensions to nonconforming
single-family structures to encroach into the street-side yard of a corner lot, thus accommodating
more design considerations for long-term maintenance of existing homes and neighborhoods. (Goal
4)
Great Places Element
The Town passed two Zoning Ordinance text amendments aimed at further promoting the long-term
viability of residential, commercial and mixed-use development. These include the requirement of a
Citizen Participation Plan by the applicants of all rezoning and special use permit cases, allowing
residents to provide input. Another text amendment was approved to allow outdoor seating and
entertainment on town-maintained sidewalks within the Town Center Commercial District with
approval of an encroachment permit from Town Council. (Goal 1, Policy 4; Goal 4, Policies 6,8,)
The Community Relations department is maintaining the website as needed with the most up-to-date
plans and surveys. (Goal 1, Policies 7-13)
Town Council approved public art at two new residential projects – The Havenly and Casas Del Lago.
The Public Art Committee approved a donation of a sculpture from a donor that was approved by the
Town Council and installed at Fountain Park. (Goal 2, Policy 7)
The MAG regional bike map was amended to add bike lanes to Fountain Hills Blvd. (Goal 1, Policies 7-
13)
Public Works Department is engaging with an engineering firm to begin a parking study to assess the
required capacity and use of existing parking facilities.(Goal 4, Policy 5)
The Town approved a special use permit case allowing a mixed-use residential/commercial
development on a half-acre infill parcel at the northwest corner of Saguaro and Kingstree Blvds.
Another special use permit was approved for a multi-family residential development at a 1.67-acre
infill parcel near the northeast corner of Shea and Saguaro Blvds. (Goal 2, Policy 6)
The Development Services department launched the Town Online Planning and Permitting System
(TOPPS) to provide a streamlined design review process when reviewing applications for revenue-
generating uses. (Goal 1, Policy 1)
The Economic Development and Community Relations departments are currently working together
to create community-based branding strategy. (Goal 4, Policy 1-2)
Social Environment Element
The Community Services Parks, Trails, and Recreation Master Plan was adopted by Town Council in
May 2021. (Goal 8, Policy 1)
A crosswalk to Desert Vista Park was constructed in Fall of 2021 providing safe means for
pedestrians, bike riders and those with mobility devices to cross Saguaro Blvd. Appurtenant sidewalks
were constructed to provide connectivity to over 400 residences. (Goal 3, Policies 1-6)
The Town initiated an update to the long-range sidewalk plan. (Goal 3)
Connectivity, Access and Mobility Element
On June 15, 2021, the Town adopted the Active Transportation Plan covering multi-modal aspects of
connectivity access and mobility. Multi-use paths were installed at Desert Vista and Four Peaks Parks.
(Goal 1, Policy 1)
Town staff is working on an intergovernmental agreement with MAG to fund helmets, vests, and
training for crossing guards as a result of previous Safe Routes to School grant. (Goal 1, Parcel 7)
Staff is creating a site plan checklist that will incorporate parking design and aesthetics. (Goal 2,
Policies 1-4.)
Although pertaining to Goal 1 of the Great Places Element, it is also worth repeating here that bike
lanes were completed at Fountain Bills Blvd. The MAG regional bike map was subsequently amended
to reflect this.
Public Facilities and Services Element
The Community Services Parks, Trails, and Recreation Master Plan was adopted by Town Council in
May 2021. (Goal 8, Policy 1)
Natural Resources and Open Space Element
The McDowell Mountain Preservation Commission revised the Preserve Trail Master Plan (adopted
April 2022). (Goal 3, Policy 1)
The “Take a Pic” campaign was launched all trailheads to encourage digital maps, thus reducing
waste and litter of paper maps. (Goal 3, Policy 2)
Economic Development Element
The Town obtained grant funding from the Fort McDowell Yavapai Nation to continue cross
promotion efforts to attract tourism and visitors to the area through various media. (Goal 1)
The Town continues its partnership with the Fountain Hills Unified School District and Arizona
Business Advisors in attracting education-related business amenities to the BizHub (formerly Four
Peaks Elementary School). (Goal 5, Policy 4)
Cost of Development Element
The Development Services department launched the Town Online Planning and Permitting System
(TOPPS) to provide a streamlined design review process for development and redevelopment of the
Town Center, Commerce Center, Saguaro Blvd and Shea Character Areas. (Goal 4, Policy 1)
Policy Issues
No policy issues have arisen at this time regarding the provisions of the General Plan. Since ratification
of the 2020 General Plan was relatively recent, policy issues are more likely to arise as the Town
advances further into plan implementation throughout the next several years.
Recommendations for Amendments
No revisions to the General Plan are recommended at this time.