HomeMy WebLinkAboutAGENDApacket__07-13-20_0753_120
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
Chairman Erik Hansen
Vice Chairman Peter Gray
Commissioner Clayton Corey
V A C A N T
Commissioner Susan Demptster
Commissioner Dan Kovacevic
Commissioner Scott Schlossberg
TIME:6:00 P.M. – REGULAR MEETING
WHEN:MONDAY, JULY 13, 2020
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 Hansen
2.ROLL CALL – Chairman Hansen
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 OF approving the meeting minutes of the Planning and Zoning Commission
June 8, 2020.
5.HOLD A PUBLIC HEARING AND CONSIDER amending the Zoning Ordinance adding a new
Chapter 26, Planned Shopping Plaza Overlay.
6.HOLD A PUBLIC HEARING AND CONSIDER Ordinance 20-10 amending Chapter 12,
Commercial Zoning Districts, by adding a new provision to Section 12.05, to allow indoor
mini-storage in the C-2 zoning district under the condition of a Special Use Permit.
7.HOLD A PUBLIC HEARING AND CONSIDER amending the Town of Fountain Hills Zoning
Ordinance, Section 1.12 by changing the definition of dwelling unit, Section 5.06 G regarding
large accessory structures, and Section 10.02 A. 13. regarding guest houses.
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
Planning and Zoning Commission Meeting of July 13, 2020 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 ____________________, 2020.
________________________________
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 July 13, 2020 3 of 3
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 07/13/2020 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
OF approving the meeting minutes of the Planning and Zoning Commission June 8, 2020.
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 minutes of the Planning and Zoning Commission June 8, 2020.
SUGGESTED MOTION
MOVE to approve the minutes of the Planning and Zoning Commission June 8, 2020.
Attachments
Meeting Minutes
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 06/30/2020 03:38 PM
Town Attorney
Town Manager
Form Started By: Paula Woodward Started On: 06/29/2020 11:25 AM
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
JUNE 8, 2020
2.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Chairman Hansen called the meeting of the Fountain Hills Planning and Zoning
Commission of June 8, 2020, to order at 6:00 p.m. and led the Commission and
staff members in the Pledge of Allegiance and a Moment of Silence.
3.ROLL CALL
Present: Commissioner Susan Dempster (telephonically); Commissioner Clayton
Corey; Vice Chairman Peter Gray; Chairman Erik Hansen; Commissioner
Scott Schlossberg; Commissioner Dan Kovacevic
Staff
Present:
Development Services Director John Wesley; Senior Planner Farhad
Tavassoli; Executive Assistant Paula Woodward
4.CALL TO THE PUBLIC
None.
5.CONSIDERATION OF approving the meeting minutes of the Planning & Zoning Commission
May 11, 2020 & May 20, 2020.
MOVED BY Commissioner Dan Kovacevic, SECONDED BY Commissioner Clayton Corey to
approve the minutes of the Planning and Zoning Commission of May 11, 2020 and May 20,
2020.
Vote: 6 - 0 - Unanimously
6.CONSIDERATION OF a request for a Special Use Permit to allow operation of a hospital
between 11:00 pm and 7:00 am on an approximately 5.74 acre parcel generally located at
the northwest corner of N. Saguaro Boulevard and E. Trevino Drive (AKA 9700 N. Saguaro
Boulevard; APN# 176-10-811) in the C-1 Neighborhood Commercial and Professional Zoning
District. SU 2020-01
Chairman Hansen opened the public hearing.
Development Services Director John Wesley explained that the Special Use Permit
requested by the Fountain Hills Medical Center (hospital) was initially considered at the
May 11, 2020 Planning and Zoning Commission meeting. During the meeting, the
Commission tabled the item until July 2020. After the meeting, it came to staff’s attention
that a meeting in July would delay the applicant’s timeline and delay the Town Council
Public Hearing process. On May 20, 2020, a Special Planning and Zoning meeting was
held to move the applicant’s SUP Public Hearing date for the Planning and Zoning
Commission to June 8, 2020 and the Town Council to June 16, 2020. Since the May
meetings, the applicant has made changes based on Staff and the Commission’s request.
Mr. Wesley then gave a PowerPoint presentation (Exhibit A attached hereto and made
a part hereof), which addressed:
LOCATION MAP
CONTEXT
REQUEST
SUP REQUIREMENT
REVISED SITE PLAN
REVISED LANDSCAPING PLAN
REVISED ELEVATIONS
RENDERINGS
SITE WALLS
STAFF ANALYSIS – LIGHTING
PARKING LOT POLE LIGHTS
STAFF ANALYSIS – NOISE
PERIMETER WALL
COMMISSION OPTIONS
STAFF RECOMMENDATIONS
Mr. Wesley stated that the applicant is requesting the operational hours extend past what
is acceptable in a C-01 zoning district. The C- 1 zoning districts requires all businesses to
close by 11:00 p.m. and remain closed until 7:00 a.m. unless Town Council approves the
Special Use Permit to allow extended hours. Staff recommends approval of the SUP for
the hospital to be able to continue operations between 11:00 p.m. and 7: 00 a.m. with the
following stipulations:
1. Submission of a complete set of revised drawings showing the revised drive thru
ambulance bay, revised landscape plan, and all other conditions of approval.
2. Revising the May 18, 2020 site/landscape plan and submitting it as part of the complete
set of revised drawings for acceptance by the Development Services Director adding 6 - 9
screening trees (minimum 10' tall) to the site plan along the northern property line
adjacent to Lots 4 and 5 to provide additional screening.
3. Providing signage directing ambulances to exit to the left, around the back of the
building.
4. Modifying the site plan to show the location for a temporary generator.
5. Providing additional sound attenuation for the rooftop mechanical units if required to
meet the Town's noise ordinance.
Planning and Zoning Commission Meeting of June 8, 2020 2 of 9
6. The SUP is only tentatively approved for the phase II portion of the property. The
SUP will permanently approved for the remainder of the site by approval of the final site
plan for the entire property.
Cindy Golisch, Public Relations outreach for the hospital, addressed the commission. She
said that over a year ago, the doctors met with the members of the Fountain Hills
community to discuss the interest for a hospital at 9700 Saguaro Blvd. The response was
overwhelmingly positive. After the doctors were assured that the hospital would be able
to see patients between the hours of 11 p.m. and 7 a.m. they decided to move forward
with the project. During the last year, Fountain Hills Medical Center representatives have
met many times with the neighbors. The Fountain Hills Medical Group has been extremely
sensitive to mitigate the noise, light and traffic coming from the hospital. Since the
moment a small group of the closest neighbors learned about the hospital, they began a
very negative campaign throughout the community. A few have posted fifty negative
comments to social media sites. Dr. Ezeume counted over a hundred text messages that
he received from Rose Anouti. Ms. Anouti asked the doctors to put blinds on the
neighbors’ homes and build a park between her home and the hospital. The hospital
representatives have been extremely open and transparent. There have been three
community town hall meetings. The hospital representatives have been working with
John Wesley and Town Staff over the last year making revision after revision. Because of
these meetings and further discussions with the neighbors, there have been a substantial
amount of changes made to the plans. Although this is a small hospital, it will make a huge
economic impact on the community. The hospital will provide over one hundred jobs,
purchase supplies and food in Fountain Hills, and support the community in numerous
ways. The doctors will be moving to Fountain Hills and will be your neighbors. They will
be paying taxes and raising their families in Fountain Hills. During the past week, a survey
was posted to the hospital website and on the Facebook Fountain Hills Connection in
order to get feedback from the community regarding the 11:00 p.m. to 7:00 a.m. hours.
The results were overwhelmingly positive. Ninety-three percent agreed to operate the
hospital twenty-four hours, seven days a week. Ms.Golisch said she hoped the
information was helpful and showed how the hospital has worked with the surrounding
neighbors. She said, this should not be an open-ended process and the construction
process must move forward. If the Special Use Permit cannot be obtained the hospital will
not be able to operate. It would be a huge loss to the community. Mr. Quintana will
explain the changes the hospital has made over the last few months.
Robert Quintana, Project Architect, told the Commission that since the last Commission
meeting, he was given the task to address neighbor concerns. Mr. Wesley has acted as
the liaison between the neighbors and the hospital to prevent disorganized thoughts and
conversations. Mr. Quintana said the following changes were made:
1. The hospital withdrew the application for a wall variance. The wall will be built as
required.
2. The ambulance entrance approach and departure were redesigned at an expense of
another $45,000 to the project. The design allows the ambulance to pull forward so there
is no need to back up. There will be a sign that reads “Ambulance Exit Only.”
3. The canopy of the ambulance bay was extended as requested.
Planning and Zoning Commission Meeting of June 8, 2020 3 of 9
4. Landscaping was revised. Additional trees were added between the neighbors and the
hospital to mitigate the light and noise.
5. A consultant was hired to conduct an acoustic/noise study Exhibit B attached hereto
and made a part hereof). The results of the study showed the measured noise levels were
within in the code and below what is acceptable.
Mr. Quintana said that the combination of all the rooftop equipment, exhaust fans, and
generator running, along with two vehicle doors slamming and people talking, the decibel
count was 47.4. Fifty decibels is the limit. An earthquake would be the next worst-case
scenario. In relation to the generator location, Mr.Quintana provided an aerial image
(Exhibit C attached hereto and made a part hereof) showing its location.
Dr. Sandeep Yaralagadda addressed the commission and explained (Exhibit D attached
hereto and made a part hereof) why Fountain Hills was chosen as the location for the
hospital.
In response to Commissioner Schlossberg, Mr. Quintana said that no meetings were held
with the neighbors since the last Commission meeting. Mr. Quintana said that since the
hospital project team was bombarded day and night with comments and requests, John
Wesley has acted as the liaison between the neighbors and the hospital.
Vice Chairman Gray commented that the sound study is a cover sheet and a second page
that is doubled space type. He said the format was not familiar to him and there is no
methodology. Normally there would be cut sheets for the equipment and the percentage
of ramp up for the generator. The recommendation today is dependent on considering
this as factual or if it is challenged it becomes part of the record.
Mr. Quintana said he presented the paperwork from the engineer. If needed the engineer
can be available for the upcoming Town Council meeting and a more detailed analysis
given to staff.
Mr. Wesley said that the applicant has provided the sound study. The stipulation states
that adjustments would be required if the noise could not meet the limits in
the ordinance.
Vice Chairman Gray said that his fear is that assumptions are what brought the project to
the Commission today. He asked what happens when the project is further down the
road? He said he supports the hospital. Vice Chairman Gray referenced Section 2.02 D.
5. of the Zoning Ordinance: "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. " He said this is what we
are here for tonight.
Jane Bell, Fountain Hills resident, addressed the Commission in regards to the vegetation
and traffic. At the May 19, 2019 Planning and Zoning Commission meeting, Pete Peters
Planning and Zoning Commission Meeting of June 8, 2020 4 of 9
said that the area closest to the neighbors would be a park like setting. The neighbors
bought into to this but not enough is being done to fulfill his statement. The neighbors
requested that Trevino Drive widening be completed during Phase I. Ms. Bell said that the
twenty-four hours, seven days a week Special Use Permit be granted once all prevailing
issues are corrected before operations begin. She said the neighbors have always been
for the hospital and want it so they can live in peace with no sound and light as presented.
Rose Anouti, Fountain Hills resident, said allowing a twenty-four hours, seven days a
week Special Use Permit for the hospital as it is constructed and planned now only
exacerbates the base problems of noise and light. She said she disagreed with the lighting
choices, the architectural design, HVAC units and emergency generator. She said that
every issue she has brought up regarding the hospital are Town Ordinances and
requirements and there should be no compromise. She requested that the ordinances and
requirements be enforced regarding the C-1 use with no exceptions.
Larry Meyers, Fountain Hills resident, expressed deep concern that the promises made to
the neighbors are not being fulfilled. He said the project plans currently in place should
never have been allowed since they were redlined but ignored.
Commissioner Kovacevic asked if the SUP covers the entire site plan.
The applicant applied for an SUP for the entire 5.7 acres. The recommendation is a
tentative approval for Phase 2 until that site plan is reviewed and approved. The site plan
process is admistrative but that could depend on the stipulations.
At the request of Commissioner Schlossberg, Mr. Wesley reviewed the photos taken from
resident Rose Anouti’s property line. Mr. Wesley explained that from where the photo
was taken, the wall would block the view of the hospital. As you move up toward the
house the elevation increases and the hospital property is visible.
Commissioner Kovacevic thanked the doctors and the architect for getting the sound
study. He asked that a more complete study be submitted for review before the approval
of the next phases.
Commissioner Corey asked about the bollard history.
Mr. Wesley said that the neighbors submitted a letter requesting that the bollards replace
the taller pole lights. Staff believes either one could work. It is up to the applicant to make
that change.
Commissioner Corey stated that this is the third time this SUP has come before the
Commission. He said that the applicant has done a good job mitigating the noise and
light. Some of the topics discussed are out of scope of the SUP approval. He said that he
would like to see the discussion remain on the topic of the 24/7 operation.
Vice Chairman Gray said that the bollard lighting seems to be of extreme interest to the
neighbors. Is that something that is amenable?
Planning and Zoning Commission Meeting of June 8, 2020 5 of 9
Mr. Quintana replied that they are amenable as long as the lighting is safe.
Chairman Hansen asked about the future phasing plans and the approval process.
Mr. Wesley replied, the future phases are not part of the Special Use Permit approval
tonight. Those plans are included in the packet as informational only.
Commissioner Dempster commented that she is supportive on moving forward with the
hospital. She said she appreciated the adjustments they made to accommodate the many
requests.
Chairman Hansen closed the public hearing.
MOVED BY Vice Chairman Peter Gray, SECONDED BY Commissioner Dan Kovacevic to
forward a recommendation of approval to the Town Council for Special Use Permit for the
hospital proposed at 9700 N. Saguaro Boulevard allowing operation of the facility between
11:00 p.m. and 7:00 a.m. subject to the following conditions: Based on their review, the
Commission recommends approval of the SUP subject to the following conditions:
1. Submission of a complete set of revised drawings showing the revised drive thru
ambulance bay, revised landscape plan, and all other conditions of approval.
2. Revising the May 18, 2020 site/landscape plan and submitting it as part of the complete
set of revised drawings for acceptance by the Development Services Director adding 6 - 9
screening trees (minimum 10' tall) to the site plan along the northern property line adjacent
to Lots 4 and 5 to provide additional screening.
3. Providing signage directing ambulances to exit to the left around the back of the building.
4. Modifying the site plan to show the location for a temporary generator.
5. Providing additional sound attenuation for the rooftop mechanical units if required to
meet the Town's noise ordinance.
6. Removing Sheet C-4, GD Plan, from the set of drawing submitted with the SUP
application.
7. Approval is for Phase 1 only. All future phases require review following the Planning and
Zoning and Town Council review process.
8 Changing the parking lot lighting from the 15' pole lights to bollard lighting.
9. Applicant to provide further review of the sound study and rooftop screening,
particularly views from Burkemo and the northern residences prior to going to Town
Council. The wall conflict between the Anouti residence and the applicant should be
resolved and brought to the Town Council for consideration.
Vote: 6 - 0 - Unanimously
Planning and Zoning Commission Meeting of June 8, 2020 6 of 9
Vote: 6 - 0 - Unanimously
7.HOLD A PUBLIC HEARING AND CONSIDER Ordinance 20-10 amending Chapter 12,
Commercial Zoning Districts, by adding a new provision to Section 12.05, to allow indoor
mini-storage in the C-2 zoning district under the condition of a Special Use Permit.
Chairman Hansen opened the public hearing.
Farhad Tavassoli, Senior Planner gave a PowerPoint presentation (Exhibit D attached
hereto and made a part hereof) which addressed:
REQUEST
C-2 ZONING DISTRICT (INTERMEDIATE COMMERCIAL)
DESCRIPTION OF INDOOR MINI-STORAGE FACILITIES
INDOOR MINI-STORAGE IN NEIGHBORING JURISDICTIONS
ANALYSIS AND STAFF RECOMMENDATIONS
Mr.Tavassoli explained that currently an indoor mini-storage facility would not be allowed
in a C-2 zoning district. The C-2 zoning districts allow a range of small to medium–scale
commercial activities such as furniture stores, hotels, motels, and restaurants and some
commercial recreation and cultural facilities. It also allows services that may be large-scale
and have a greater impact such as car washes, vehicle repair shops, and trade schools.
There are limits to uses allowed in the C-2 zoning and they would require an approval of a
SUP by Council. Examples would be fuel dispensing stations, convenience stores,
nurseries, and outdoor automobile sales. Mr.Tavassoli said that indoor mini-storage
facilities are allowed by right in the C-3 general commercial and industrial zoning districts.
Mr.Tavassoli said that residential development continues to fuel the need for
climate-controlled indoor storage facilities. Storage facilities are desirable to be in close
proximity to renters and in easily accessible locations. These facilities are intended to
cater to a smaller market. Their appearance is more polished and aesthetically pleasing.
Permitting an indoor mini storage with a SUP, versus a rezone, allows for availability of
more property inventory. The only concern staff has with the proposed ordinance is the
impact on the Town Center area. Since this use would only be by SUP, it allows control of
the use and when it would occur. Staff recommends approval of the Ordinance 20-10.
Vice-Chairman Gray asked about the downtown overlay district.
Mr. Wesley replied that the downtown overlay district was removed in 1993.
Development Services is in the process of reestablishing the overlay. The text amendment
will appear before the commission in the near future. The previous overlay did not have
limits.
Vice Chairman Gray expressed concern that an example could not be found in another
municipality’s downtown area and that the SUP is not very prescriptive in a downtown
area. He suggested that if the overlay were present, it would be easier to define.
Vice-Chairman Gray suggested that he would like to see the overlay text amendment
before approving this amendment.
Planning and Zoning Commission Meeting of June 8, 2020 7 of 9
Mr. Wesley said that the action tonight is to recommend approval to Council for their
consideration to approve the text amendment or return it to staff for further work. It
would not appear on the Council’s agenda until August 24, 2020.
Chairman Hansen closed the public meeting.
MOVED BY Vice Chairman Peter Gray, SECONDED BY Commissioner Dan Kovacevic to
TABLE Agenda Item #6 to a future date for staff to provide further details and to bring back
to the Commission at the same time the downtown district overlay text amendment and
the Avenues language to include minimal impact to the downtown districts.
Vote: 6 - 0 - Unanimously
8.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
Commissioner Kovacevic commented that he would like to see noise studies as
a requirement for projects, especially those adjacent to residential areas.
9.SUMMARY OF COMMISSION REQUESTS from Development Services Director.
Mr. Wesley confirmed that Mr. Kovacevic's suggestion was a good idea that noise and
light studies would be a requirement for projects. He said most applicants provide studies
in regards to large commercial projects.
10.REPORT from Development Services Director.
Mr. Wesley said that there are no new applications. There are a few text amendments for
the Commission to review. He asked the Commission if they would like to meet in July to
review the text amendments or would the Commission like to meet in August. The
Commission discussed amongst themselves. All Commissioners except Commissioner
Dempster confirmed they were available for the July meeting.
11.ADJOURNMENT
The Regular Meeting of the Fountain Hills Planning and Zoning Commission held June 8,
2020, adjourned at 8:03 p.m.
Planning and Zoning Commission Meeting of June 8, 2020 8 of 9
PLANNING AND ZONING COMMISSION
_______________________________
Erik Hansen, Chairman
ATTEST AND PREPARED BY:
______________________________
Paula Woodward, Executive Assistant
CERTIFICATION
I herby certify that the forgoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Planning and Zoning Commission of Fountain Hills in the Town Hall Council
Chambers on the 8th day of June, 2020. I further certify that the meeting was duly called and that a
quorum was present.
Dated this 11th day of June, 2020.
_____________________________________
Paula Woodward, Executive Assistant
Planning and Zoning Commission Meeting of June 8, 2020 9 of 9
ITEM 5.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 07/13/2020 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): HOLD A PUBLIC HEARING
AND CONSIDER amending the Zoning Ordinance adding a new Chapter 26, Planned Shopping Plaza
Overlay.
Staff Summary (Background)
The portion of the Town Center bounded by Palisades on the north, Saguaro on the east, El Lago on the
south and La Montana on the west is known as Plat 208. Plat 208 was approved in the County and
began development prior to the incorporation of the Town. It was platted with common parking areas
on each block that would serve all the development so that individual lots would not need to provide
on-site parking.
The property was zoned C-2 in the County. This zoning district was very similar to our current C-2
district which requires individual properties to provide their own parking and meet setback and lot
coverage requirements. In the Plat 208 area, however, variances were granted to allow the
development pattern of zero lot line buildings and common parking areas. Following incorporation, the
Town adopted a zoning ordinance in 1990. This ordinance was, apparently, very similar to the County
zoning ordinance in effect at the time (Staff was unable to find a copy of that initial Town zoning
ordinance).
As additional development was proposed for the Plat 208 area following incorporation, the Town did
not want to continue with the issuance of variances to continue the historic development pattern in Plat
208. To address this situation and allow the continuance of this form of development in this portion of
Plat 208, the Town created and approved a zoning overlay district, called the Planned Shopping Plaza
Overlay District, in 1992 and then applied that zoning district to this area. Among other things, this
zoning designation allowed properties 10,800 square-feet or less to have 100% lot coverage and not
provide their own parking, and lots larger than that to have 60% lot coverage and provide their own
parking.
In 1993 the Town completed the process of drafting and adopting a zoning ordinance specific for the
Town. That new zoning ordinance was adopted in November 1993. The 1993 ordinance did not include
the Planned Shopping Plaza Overlay zoning designation and it is still not in our zoning ordinance today.
In 1998 the Town reviewed and approved an ordinance (Ordinance 98-02) which amended the 1992
Planned Shopping Plaza Overlay district. This amendment did some things to bring the overlay district in
line with the Town's 1993 zoning ordinance (referenced current section numbers) and provided for use
of the common parking area for lots that were combined after January 1, 1992. The effect of this
ordinance is unclear since it still was not placed into the zoning ordinance.
Over the last 27 years the Town has continued to rely on the provisions of the overlay ordinance for
development in this area. It has now, however, come to our attention that we are relying on an
ordinance that is no longer in effect. This proposed text amendment will re-establish the overlay
district by adding it to the zoning ordinance as Chapter 26. A second step will be needed to process a
rezoning case to apply the zoning to specific property.
Proposed Ordinance
Attached is a copy of the previous overlay district ordinances as well as the proposed new Chapter 26.
The new ordinance has been formatted to fit into the structure of our current zoning ordinance. The
standards provided in the new ordinance are very similar to the ordinances adopted in 1992 and 1998
with a few exceptions that are described below. There are also a few potential modifications described
below that Staff would like the Commission to consider.
Chapter 26. Planned Shopping Plaza Overlay District.
Section 26.01 Purpose and Intent. This is exactly as the previous ordinance.
Section 26.02 Permitted Uses. The 1992 ordinance stated the permitted uses were those uses
permitted in Article XIX (C-2) of that zoning ordinance and uses permitted by Special Use Permit were
those uses specified in Article XXVII of the zoning ordinance. We do not have a copy of that ordinance to
know specifically what those uses would have been. In the 1998 amendment, the reference was
changed to the current zoning ordinance and allowed uses from Sections 12.02 B. (Uses Permitted
in C-1, C-C, C-2, and C-3 Zoning Districts) and C. (Additional Uses Permitted in C-2 and C-3 Zoning
Districts) as uses by right. This ordinance also allowed by Special Use Permit those uses listed in Section
12.03 (Uses subject to Special Use Permits in C-1, C-C, C-2, and C-3 Zoning Districts). It is assumed that
this list is consistent with what was allowed in the 1992 ordinance.
The previously approved overlay districts did not include the uses allowed in Section 12.05, Uses Subject
to Special Use Permit in C-2 Zoning Districts Only. This is the section of the code that is currently being
considered for amendment to allow indoor self-storage facilities. Other uses currently allowed under
this section include art metal and ornament iron shops, automobile fuel dispensing stations, cabinet and
carpentry shops, convenience stores, plant nurseries, printing, lithography and publishing
establishments, rental services, taxidermists, light assembly and storage, new and used automobile, and
vehicle storage. Staff believes it would be appropriate to continue to exclude these uses from the
permitted uses in the Overlay district.
Section 26.03 Additional Regulations. These were Sec. 40.8 of the previous ordinances and contained
four items. In the new format only two items were included in this section, the others have been
relocated. Subsection A is exactly as in the previous ordinances. Subsection B (was D in the 1992
ordinance) addresses outdoor activities and requires them to be screened. It is assumed this was put in
the original ordinance to screen storage. In a downtown, urban core area, there are outdoor uses such
as dining at a restaurant or merchandise display that could take place but not be screened. This section
of the ordinance is the same as before except for an exemption to allow outdoor seating associated
of the ordinance is the same as before except for an exemption to allow outdoor seating associated
with a restaurant from the screening requirement.
Section 26.04 General Provisions. This was not used in the previous ordinances but is included here for
consistency and the necessary reference to Chapter 5 of the Zoning Ordinance.
Section 26.05 Signs. This was Section 40.3 of the previous ordinance and has not changed.
Section 26.06 Parking and Loading. This was covered in Section 40.6 of the previous ordinance. The
1998 update removed all but two points from the 1992 ordinance, probably due to having the parking
lot paved, which removed the need for the additional regulations. What is included in the draft new
ordinance is the same language as in the 1998 ordinance. However, staff would like the Commission to
consider a further modification.
Staff has received a request from an architect working to prepare a plan for the northwest corner of
Saguaro and Parkview. A plan being prepared is for a mixed-use development with retail, restaurant,
and residential uses. Meeting the parking requirements is making it challenging. Based on the original
plat and zoning requirements, the assumption has been that the common parking area was designed to
provide the level of parking needed for all but the corner lots built up to three-stories. Most of the
property that has been developed has only one- and two-story buildings. This would indicate the area is
well over parked.
Several options exist to adjust the parking requirement. One would be to simply remove the current "A"
that requires the larger lots to meet the requirement of Chapter 7 and amend "B" to cover all lots. If
there is a concern this would lead to a problem not providing enough parking, "A" could be amended to
reduce the required parking to half (or some other amount) of that required by Chapter 7 or to allow
the review and approval of a Special Use Permit for a reduction of parking.
Section 26.07 Outdoor Lighting. Lighting was covered in the previous ordinances in Section 40.8 B. The
update refers to Chapter 8 of the zoning ordinance on outdoor lighting as did the 1998 update. The
statement in the previous ordinance regarding placement of outdoor lighting to reflect away from rural
and residential zoning districts has been removed. There are no rural zoning districts in Fountain Hills
and there are no residential districts around the Plat 208 area.
Section 26.08 Plan Review. This section was not in the previous ordinances but is a standard part of
other current zoning ordinance chapters. It was included here for clarity and consistency with other
chapters.
Section 26.09 Density, Area, Building, and Yard Regulations. The provisions in this section come from
40.4 and 40.5 of the previous ordinances. In the previous ordinances, height was listed as 40-feet or
three stories, which ever was less. The draft new ordinance simply states the height is what is allowed
in the base zone, which is 40-feet for the C-2 and C-3 zoning districts. The regulations on setbacks and
lot coverage are the same as the previous ordinances.
In the Plat 208 area, we are trying to facilitate and encourage the building of a downtown, urban area.
One of the keys to such an area is to create a pedestrian friendly environment. This is largely done by
bringing buildings with their storefronts and activity close to the street and avoiding large gaps in the
street wall that is created. Parking should be moved to the rear of buildings away from the pedestrian
street. Amending the ordinance to reduce or eliminate the maximum lot coverage for lots over 10,800
square-feet coupled with a reduction or elimination of the parking requirement for these lots would
help achieve this goal.
Related Ordinance, Policy or Guiding Principle
Fountain Hills General Plan 2010
Fountain Hills General Plan 2020
Fountain Hills Downtown Area Specific Plan
Risk Analysis
Much of the north half of Plat 208 has been built with the assumption that the overlay district adopted
in 1992 and amended in 1998 is still in effect. In order to continue to allow building in this fashion the
appropriate code provisions need to be adopted. Should something happen to an existing building
without this ordinance in place, the redevelopment of the lot should comply with the requirements of
the C-2 zoning district.
Adoption of this new overlay and processing a rezoning to apply it to the land will allow us to continue
developing this area in the current pattern. The more the new code mirrors what was previously
approved the less objection there should be to the ordinance from existing property and business
owners. The more it deviates from the previous ordinances the more likely a property or business
owner could find an objection to the new overlay.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff has included the Plat 208 in the review of this ordinance, they support having it adopted and the
rezoning completed. Staff recommends approval of the draft ordinance subject to the Commission
discussion and resolution on the following items:
Reducing or eliminating the parking requirement for the lots over 10,800 square-feet.1.
Allowing more than 60% lot coverage on the lots over 10,800 square-feet.2.
SUGGESTED MOTION
Staff will assist the Commission in drafting a motion as needed.
Attachments
Chapter 26
1992 Ordinance
1998 Ordinance
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 07/01/2020 04:13 PM
Town Attorney
Town Manager
Form Started By: John Wesley Started On: 06/22/2020 03:48 PM
Town of Fountain Hills Zoning Ordinance
Page 1 of 4 May 6, 2017
Chapter 26
Planned Shopping Plaza Overlay District
Sections:
26.01 Purpose and Intent
26.02 Permitted Uses
26.03 Additional Regulations
26.04 General Provision
26.05 Signs
26.06 Parking and Loading
26.07 Outdoor Lighting
26.08 Plan Review
26.09 Density, Building, Area, and Yard Regulations
Town of Fountain Hills Zoning Ordinance
Chapter 26
Page 2 of 4
Section 26.01 Purpose and Intent
The purpose of the Planned Shopping Plaza Overlay District is to
provide an overlay zoning district for commercially zoned property that
is platted as a unified center. The intent of this district is to integrate
commercial activity and professional offices with visitor attractions and
parks.
Section 26.02 Permitted Uses
Uses permitted in the Shopping Plaza Overlay District shall be those
uses permitted in Sections 12.02 B. & C. of the Zoning Ordinance.
Those uses permitted by Special Use Permit shall be those uses
specified in Section 12.03 of the Zoning Ordinance.
Section 26.03 Additional Regulations
A. All activity associated with any use, including accessory storage
and display areas, shall be conducted within a completely
enclosed building. Loading and unloading activities and activities
otherwise specifically authorized are exempt from this
regulation.
B. Except for merchandise display or outdoor seating a part of a
restaurant or café, the perimeter of any portion of a site upon
which any outdoor use of a commercial nature is permitted shall
be enclosed by a solid masonry, concrete, or earthen product
wall not less than eight (8) feet in height. Further, any access
gates shall be constructed of view-obscuring materials to provide
effective site screening. Approval of alternative screening
methods not listed above shall be by the Town Council.
Section 26.04 General Provisions
Except as may be modified by this Overlay District, the General
Provisions in Chapter 5 shall apply.
Section 26.05 Signs
The regulations in Chapter 6, Signs, shall apply.
Section 26.06 Parking and Loading
Town of Fountain Hills Zoning Ordinance
Chapter 26
Page 3 of 4
A. The parking regulations in Chapter 7, Parking Regulations, shall
apply to all lots over 10,800 square feet in area as of January 1,
1992.
B. For lots 10,800 square feet in area or less as of January 1, 1992,
the common parking lot areas shall satisfy all of the off-street
parking requirements regardless of the land use. Any
elimination of parking spaces in the common parking area by a
lot owner or user must be mitigated by adding the lost spaces
on-site or on another lot on the same block.
Section 26.07 Outdoor Lighting
The provisions of Chapter 8 shall apply.
Section 26.08 Plan Review
The provisions of Chapter 2, Section 2.04 shall apply.
Section 26.09 Density, Area, Building and Yard Regulations
A. Building Height. Building height allowances shall be the same as
permitted in the underlying zoning district.
B. Building Setbacks.
1. Front Yard:
a. Lots 10,800 square feet or less do not have a front
yard setback requirement but must meet sight
triangle requirements when the lot is a corner lot and
must not encroach into platted easements.
b. Lots over 10,800 square feet must provide a ten
(10) foot front yard and must meet sight triangle
requirements when a corner lot and must not
encroach into platted easements.
2. Side Yard: None required, except on corner lots. Street
side yards must meet sight triangle requirements and
buildings must not encroach into platted easements.
3. Rear Yard: None required; must not encroach into platted
easements.
C. Maximum Lot Coverage:
Town of Fountain Hills Zoning Ordinance
Chapter 26
Page 4 of 4
1. Lots 10,800 square feet or less as of January 1, 1992 may
have one hundred (100) percent lot coverage exclusive of
any easements or required setbacks.
2. Lots over 10,800 square feet as of January 1, 1992 have a
sixty (60) percent maximum lot coverage.
Page 1 of 4
Ordinance Number 1992.09 Amend Zoning Ordinance: Planned Shopping Plaza Overlay District
- 10/1/92
ORDINANCE 92 - 09
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF
THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,
ARIZONA PURSUANT ARTICLE XXXI OF THE ZONING ORDINANCE
FOR THE TOWN OF FOUNTAIN HILLS TO ADD ARTICLE XL
“PLANNED SHOPPING PLAZA OVERLAY DISTRICT”
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Article XXXI, Section 31.1 of the Zoning Ordinance for the Town of Fountain Hills
authorizes amendments Zoning Ordinance. The text of the Zoning Ordinance of the
Town of Fountain Hills is hereby amended adding a new overlay zoning district entitled
“Planned Shopping Plaza Overlay District”.
Section 2. Pursuant to Article XXXI, Section 31.1 of the Zoning Ordinance of the Town of Fountain
Hills, the Town of Fountain Hills, Arizona, amends the Zoning Ordinance of the Town of
Fountain Hills by adding Article XL to read:
ARTILCE XL PLANNED SHOPPING PLAZA OVERLAY DISTRICT
40.1 Purpose. The Planned Shopping Plaza Overlay District is to provide an overlay
zoning district for commercially zoned property that is platted as a unified center.
The intent of this district is to integrate commercial activity and professional
offices with visitor attractions and parks.
40.2 Uses Permitted. Uses permitted in the District shall be those uses permitted in
Article XIX (C-2) Zoning District of this ordinance. Those uses permitted by
Special Use Permit shall be those uses specified in Article XXVII of this
ordinance.
40.3 Signs. The Sign Regulations Specified in Article XIX of this ordinance shall be
the sign regulations of this district.
40.4 Height Regulations. The height of buildings shall not exceed forty (40) feet or
three (3) stories, whichever is less.
40.5 Development Regulations.
A. Front Yard:
1. Lots 10,800 square feet and under: None required, except on
corner lots, where sight triangle requirements must be met.
Page 2 of 4
2. Lots over 10,800 square feet: Ten (10) feet. On corner lots,
the minimum sight triangle distance shall be met.
B. Side Yard: None required, except corner lots. Corner lots with a
street side shall have a setback requirement or sight triangle distance,
whichever is greater.
C. Rear Yard: None required
D. Lot Area: Each lot shall have a minimum area of six thousand
(6,000) square feet, except where a previously recorded plat identifies
lots that are of a lesser size.
E. Maximum Lot Coverage:
1. Lots 10,800 Square feet or less, as of January 1, 1992: One
hundred (100) percent of the total lot area. Total lot area shall
not include easements and building setbacks of record.
2. Lots over 10,800 square feet, as of January 1, 1992: Sixty (60)
percent of the total lot area.
40.6 Parking Requirements
A. The Parking Regulations in Section 26.10 of this ordinance shall apply to
all lots over 10,800 square feet in area.
B. For lots 10,800 square feet or less, the design standards as tabulated and
illustrated on the Parking Lot Design Table and Schematics in Section
26.10 of this ordinance and the following standards shall apply:
1. A parking area, with its accompanying driveways, aisles,
approaches, and stalls, shall be paved with either asphaltic
concrete or cement concrete in accordance to the design
specifications of the Town of Fountain Hills Engineering
Department.
2. Parking spaces and driveways shall be so arranged as to require
ingress and egress from the lot to a street by forward motion of
the vehicle.
3. Parking spaces shall be designed so that vehicles exiting
therefrom will not be required to back out across any sidewalk or
street.
4. Adjacent to any rural or residential zoning district automobile
parking shall be screened from view, except when separated by a
public street.
5. Any lights used to illuminate parking spaces shall be so arranged
and screened as to reflect the light away from adjoining lots in
Page 3 of 4
rural and residential zoning districts and from streets. Such
lights shall have a maximum height of sixteen (16) feet.
6. On the site of a building or open lot providing an off-street
parking area where such area will not be entirely screened
visually by an intervening building or structure from any
abutting right-of-way, excluding dedicated alleys, there shall be
provided landscaping between such area and such right-of-way
on a strip of land at least five (5) feet in width. In addition to
the perimeter parking lot landscape area, at least five percent
(5%) of the remaining parking area shall be landscaped in
accordance with a landscape plan approved by the Community
Development Director or designee. Such landscaping shall be
maintained, as designated, for the duration of time that the area
is a parking area.
7. Except where a wall is required, a minimum six (6) inch high
curb or bumper guard shall be utilized or employed so that no
part of the vehicle shall extend over any property line unless an
easement exists for the extension area.
8. Required parking spaces shall be adequately marked or defined.
40.7 Loading and Unloading Regulations: The standards described in Section 26.11
of this ordinance shall be met unless otherwise exempted pursuant to 40.8A
below.
40.8 Additional Regulations:
A. All activity associated with any use including accessory storage and
display areas, shall be conducted within a completely enclosed building.
Loading and unloading activities and activities otherwise specifically
authorized are exempt from this regulation.
B. Any outdoor lighting shall be in conformance with the provisions of
Section 26.19 of this ordinance. Any outdoor lighting shall be placed so
as to reflect the light away from any adjoining rural or residential zoning
district.
C. A building or premises, other than the residence of the family of the
operator or caretaker employed on the premises of a commercial use,
shall not be used for dwellings, unless approved by Special Use Permit
by the Council.
D. A solid wall, not less than six (6) feet in height, shall be required along
and adjacent to any side or rear property line abutting any rural or
residential zoning district boundary, or any alley abutting such zoning
district boundary at the time of development of the commercial property.
Further any access gates in said solid wall shall be construed of
view-obscuring material to provide effective site screening.
Page 4 of 4
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this first day of October, 1992.
FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO:
John M. Cutillo, Mayor Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Paul L. Nordin, Town Manager William E. Farrell, Town Attorney
Page 1 of 6
Ordinance Number 1998.02 Amend Planned Shopping Plaza - 1/15/98
ORDINANCE 98 - 02
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING
THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF
TFOUNTAIN HILLS, ARIZONA PURSUANT TO CHAPTER 2,
SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN
OF FOUNTAIN HILLS TO AMEND THE “ PLANNED SHOPPPING
PLAZA OVERLAYDISTRICT”.
WHEREAS, the Town of Fountain Hills adopted Ordinance #93-22, on November
18, 1 adopted the Zoning Ordinance for the Town of Fountain Hills; and
WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of
Fountain Hills, provides for a procedure to amend said ordinance, and
WHEREAS, On October 1, 1992, the Town Council adopted Ordinance #92-09 to
establish the “Planned Shopping Plaza Overlay District” to permit one
hundred lot coverage, and the use of common parking lots to meet
off-street parking requirements for lots 10,800 square feet or less on
Blocks 3, 4, 5,and 6 of Plat #208; and
WHEREAS, Ordinance #92-09 did not provide the allowance of common parking lot
utilization when lots that were 10,800 square or less on January 1,
11992 are subsequently combined to a size greater than 10,800 square
feet; and
WHEREAS, The Town of Fountain Hills wants to encourage the development and
economic viability of the Plat #208 area; and
WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning
Ordinance for the Town of Fountain Hills has been followed; and
WHEREAS, The Town of Fountain Hills has advertised the proposed text changes in
the official newspaper of general circulation, The Times of Fountain
Hills on December 24, 31, 1997 and January 7, and 14, 1998 by showing
the deletion of certain items within the text of Ordinance #92-09, in the
“strike-out” form, and has shown the additions to the text in bold large
letters; and
WHEREAS, The Planning and Zoning Commission’ s public hearing and the Town
Council’ s public hearing was advertised in the official newspaper of
general circulation, The Times of Fountain Hills on December 24, 31,
1997 and January 7, and 14, 1998; and
Page 2 of 6
WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning
Commission on January 8, 1998, and by the Fountain Hills Town
Council on January 15, 1998.
Page 1 of 6
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Ordinance #92-09 of the Town of Fountain Hills is hereby amended by
updating code references to the November 18, 1993 Zoning Ordinance
for the Town of Fountain Hills, as amended, and by adding language to
permit the common parking lots in Blocks 3, 4, 5, and 6, of Plat #208, to
be utilized to fulfill the off-street parking requirements for the lots in
these respective blocks that were 10,800 square feet or less as of January
1, 1992, even if these are combined to exceed 10,800 square feet in size.
The large bold letters are the additions and the letters shown with
strike-outs are the deletions.
ARTICLE XL. PLANNED SHOPPING PLAZA OVERLAY DISTRICT.
40.1 Purpose. The Planned Shopping Plaza Overlay District is to
provide an overlay zoning district for commercially zoned
property that is platted as an unified center. The intent of this
district is to integrate commercial activity and professional
offices with visitor attractions and parks.
40.2 Uses Permitted. Uses permitted in the District shall be those
uses permitted in Article XIX The Zoning Ordinance for the Town
of Fountain Hills, Chapter 12, Commercial Zoning Districts,
Sections 12.02.B.C. for the (C-2) Zoning District of this ordinance.
Those uses permitted by Special Use Permit shall be those uses
specified in CHAPTER 12 Commercial Zoning Districts, Sections
12.03. Article XXVII of this ordinance.
40.3 Signs. The Sign Regulations specified in Chapter 6 of The Zoning
Ordinance for the Town of Fountain Hills Article XIX of this
ordinance shall be the sign regulation of this district.
40.4 Height Regulations. The height of buildings shall not exceed
thirty (30)
feet or three (3) stories, whichever is less.
40.5 Development Regulations.
A. Front Yard:
1. Lots 10,800 square feet and under: None
required, except on corner lots, where sight
triangle requirements must be met.
Page 3 of 6
Page 2 of 6
2. Lots over 10,800 square feet: Ten (10) feet. On
corner lots, the minimum sight triangle distance
shall be met.
B. Side Yard: None required, except corner lots. . Corner
lots with a street side shall have a setback
requirement or sight triangle distance
whichever is greater.
C. Rear Yard: None required.
D. Lot Area: Each lot shall have a minimum area of six thousand (6,000) square feet, except where a
Previously recorded plat identifies lots
that are of a lesser size.
E. Maximum Lot Coverage:
1. Lots 10,800 square feet or less, as of January 1,
1992: One hundred (100) percent of the total lot
area. Total lot area shall not include easements
and building setbacks of record.
2. Lots over 10,800 square feet, as of January 1
1992: Sixty (60) percent of the total lot area.
40.6 Parking Requirements:
A. The Parking Regulations in Chapter 7, Parking
Regulations, of The Zoning Ordinance for the Town of
Fountain Hills, Section 26.10 of this ordinance shall apply
to all lots over 10,800 square feet in area, as of January 1,
1992.
B. For lots 10,800 square feet or less, as of January 1, 1992,
the common parking lots areas shall satisfy all of the
off-street parking requirements regardless of the land use.
Any elimination of parking spaces in the common parking
area by a lot owner or user, is required to replace the
eliminated parking spaces by placing s least an equivalent
amount of additional parking on-site, or on another lot in the
same block. ,the design standards as tabulated and
illustrated on the Parking Lots Design Table and
Schematics in Section 26.10 of this ordinance and the
following standards shall apply:
Page 3 of 6
Page 4 of 6
1. A parking area, with its accompanying
driveways, aisles, approaches, and stalls, shall be
paved with either asphaltic concrete or cement
concrete in accordance to the design
specifications of the Town of Fountain Hills
Engineering Department.
2. Parking spaces and driveways shall be so
arranged as to require ingress and egress from
the lot to a street by forward motion of the
vehicle.
3. Parking spaces shall be designed so that vehicles
exiting therefrom will not be required to back out
across any sidewalk or street.
4. Adjacent to any rural or residential zoning
district automobile parking shall be screened
from view, except when separated by a public
street.
5. Any lights used to illuminate parking spaces shall
be so arranged and screened as to reflect the light
away from adjoining lots in rural and residential
zoning districts and from streets. Such lights shall
have a maximum heights of sixteen (16) feet.
6. On the site of a building or open lot providing an
off street parking area where such area will not
be entirely screened visually by an intervening
building or structure from any abutting right of
way, excluding dedicated alleys, there shall be
provided landscaping between such area and
such right of way on a strip of land at least five
(5) feet in width. In addition to the perimeter
parking lot landscape area, at least five percent
(5%) of the remaining parking area shall be
landscaped in accordance with a landscape plan
approved by the Community Development
Director or designee. Such landscaping shall be
maintained, as designed, for the duration of time
that the area is a parking area.
7. Except where a wall is required, a minimum six
(6) inch high curb or bumper guard shall be
utilized or employed so that no part of the vehicle
shall extend over any property line unless an
easement exists for the extension area.
Page 5 of 6
8. Required parking spaces shall be adequately
marked or defined.
Page 4 of 6
40.7 Loading and Unloading Regulations: The Standards
described in Chapter 7, Parking Regulations Section 7.04.H. and I.
Of The Zoning Ordinance for the Town of Fountain Hills Section
26.11 of this ordinance shall be met unless otherwise exempted
pursuant to 40.8A. below.
40.8 Additional Regulations:
A. All activity associated with any use including accessory
storage and display areas, shall be conducted within a
completely enclosed building. Loading and unloading
activities and activities otherwise specifically authorized
are exempt from this regulation.
B. Any outdoor lighting shall be in conformance with the
provisions of Chapter 8, of The Zoning Ordinance for the
Town of Fountain Hills Section 26.19 of this ordinance.
Any outdoor lighting shall be placed so as to reflect the
light away from any adjoining rural or residential zoning
districts.
A. A building or premises, other than the residence of the
family of the operator or caretaker employed on the
premises of a commercial use, shall not be used for
dwellings, unless approved by Special Use Permit by the
Council.
B. A solid wall, not less than six (6) feet in height, shall be
required along and adjacent to any side or rear property
line abutting such zoning district boundary at the time of
development of the commercial property. Further any
access gates in said solid wall shall be construed of view
obscuring material to provide effective site screening.
The perimeter of any portion of a site upon which any
outdoor use of a commercial nature is permitted shall be
enclosed by a solid masonry, concrete, or earthen product
wall not less than eight (8) feet in height. Further, any access
gates shall be constructed of view-obscuring materials to
provide effective site screening. Approval of the alternative
screening methods not listed above shall be by the Town
Council.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of
Fountain Hills, Arizona, this _______ day of ____________, 20___.
Page 6 of 6
FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO:
Jerry Miles, Mayor Cassie B. Hansen,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Paul L. Nordin, Town Manager William E. Farrell, Town Attorney
ITEM 6.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 07/13/2020 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
AND CONSIDER Ordinance 20-10 amending Chapter 12, Commercial Zoning Districts, by adding a new
provision to Section 12.05, to allow indoor mini-storage in the C-2 zoning district under the condition of
a Special Use Permit.
Staff Summary (Background)
This item was initially considered at the June 8, 2020, Planning and Zoning Commission meeting. It was
continued to the July 13, 2020, meeting to allow the Commission to hear details and take action on the
proposed re-establishment of the Planned Shopping Plaza Overlay District for Plat 208, which provides
prescriptive limits for Special Use Permits for this area of the Town before taking action on this item.
Per the direction by the Planning and Zoning Commission at their Regular Meeting on March 9, 2020,
Staff is initiating a request to amend the Town’s Zoning Ordinance to allow indoor mini-storage in the
C-2 zoning district under the condition of a Special Use Permit. To evaluate this proposed text
amendment, staff reviewed the purpose and intent of the C-2 zoning district, the current uses allowed
in the C-2 zoning district, and zoning ordinances of neighboring communities.
Purpose and Intent of the C-2 Zoning District and Special Use Permits
Chapter 12 of the Town of Fountain Hills Zoning Ordinance establishes the commercial zoning districts
and associated regulations for the Town. This chapter establishes five commercial zoning districts
ranging from the C-O (Commercial Office) zoning district, allowing primarily office type uses, to the C-3,
(General Commercial) zoning district, which allows a wide range of indoor and outdoor commercial
activities. Each commercial zoning district has an intended purpose and allowed uses. The higher
intensity uses build on the lower intensity uses and have a greater impact on the surrounding
developments.
Section 12.01 D of the Zoning Ordinance establishes the following with regards to the C-2 zoning
district. Section C-2. Intermediate Commercial Zoning District: The principal purpose of this Zoning
District is to provide for the sale of commodities and the performance of services and other activities in
locations for which the market area extends beyond the immediate residential neighborhoods. Principal
uses permitted in this Zoning District include furniture stores, hotels and motels, restaurants, and some
commercial recreation and cultural facilities such as movies and instruction in art and music. This Zoning
District is designed for application at major street intersections.
As can be seen from this purpose statement, the intent of the C-2 zoning district is to be of moderate
impact, serving not only the immediate neighborhood but the larger community while maintaining
compatibility with adjacent uses. Uses allowed in this zoning district and the development standards
associated with this zoning district need to be in keeping with this intent.
Furthermore, Chapter 2 of the Town of Fountain Hills Zoning Ordinance establishes conditions in which
the Town may grant a SUP where a use may complement a permitted use for a specific property, but
warrants a more detailed analysis before determining compatibly with neighboring uses. In this regard,
it is the intent of the Zoning Ordinance to authorize Town Council to grant and to deny applications for
use permits and to impose reasonable conditions upon them based on impacts of physical and
operational characteristics of the proposed use or building(s). Examples of such characteristics include
proximity to streets, traffic patterns, or business hours.
Currently Allowed Uses
The C-2 zoning district currently allows a wide range of small to medium-scale commercial activities
such as furniture stores, hotels and motels, restaurants, and some commercial recreation and cultural
facilities such as movies and instruction in art and music. It also allows for some services that may
potentially be large-scale and have a greater impact such as: car washes, automobile repair shops, trade
schools and fitness centers. In addition, the zoning ordinance provides some limits to uses allowed in
the C-2 zoning district to keep properties in this zoning district more compatible with adjacent
small-scale commercial uses and neighboring residential uses. These limitations include requiring
approval of a SUP by Council for fuel dispensing stations, convenience stores, nurseries, and outdoor
automobile sales.
Uses commonly associated with indoor mini-storage facilities are allowed by right only in the C-3
(General Commercial) and both industrial zoning districts. There are no conditions that would allow
either indoor or outdoor storage facilities by right or with a SUP in any other zoning district. Storage
facilities are typically excluded from lower intensity zoning districts because they often involve lights,
noise, and traffic impacts that are not compatible with small-scale scale business establishments,
residential properties, and special overlay districts intended to protect and maintain specific
architectural and landscape characteristics of a specific area.
Review of Other Zoning Ordinances
Depending on the jurisdiction, indoor mini-storage facilities may be referenced by equivalent
terminology, such as “self-storage units” or personal “internalized personal property storage”. Staff
researched the permissibility of indoor mini-storage facilities in other cities and towns throughout the
Valley and did not find any that would prohibit the use in an intermediate commercial zoning district
unless the use was further regulated by an overlay zoning district. Several cities and towns allow
personal indoor storage facilities by right in intermediate commercial districts. Other jurisdictions allow
them in intermediate commercial zoning districts as conditioned by a SUP. Jurisdictions with a
downtown or town center commercial zoning district did not allow mini-storage within that commercial
zoning district.
Analysis
Residential development continues to fuel the need for climate-controlled indoor storage facilities.
Storage facilities are especially desirable in close proximity to renters and in easily accessible locations.
Storage facilities are especially desirable in close proximity to renters and in easily accessible locations.
While many large-scale self-service storage facilities typically operate in areas characterized by
high-intensity, non-residential uses, some small-scale self-contained facilities are more polished in
appearance and are intended to cater to a smaller market radius. The proposed text amendment
considers both the continued demand for indoor mini-storage units and the evolved design of
mini-storage facilities over years, while continuing to encourage thoughtful consideration through the
public review process as required by Section 2.02 of the Zoning Ordinance regarding Special Use Permits.
As discussed earlier, indoor mini-storage facilities are currently allowed by right in the C-3 and all
industrial zoning districts. These zoning districts are intended to accommodate businesses that serve
markets beyond the immediate neighborhood in locations where there is adequate access to major
streets and highways. Mini-storage facilities are intended to serve a more localized market. By allowing
these facilities in the C-2 zoning district with a SUP, mini-storage businesses will find a larger inventory
of properties in the Town that could accommodate this use without the need to rezone. Furthermore, by
granting a SUP in lieu of a rezone, the use of the property will be limited to that for which it is granted,
and precludes other more intense uses allowed by C-3 or industrial zoning districts. It should be noted
that this text amendment does not preclude overlay districts from prohibiting indoor mini-storage
facilities, even while the underlying zoning district might normally accommodate them.
Providing a mechanism to allow an indoor mini-storage facility with a SUP in the C-2 allows the public,
Commission, and Council to comment on details such as hours of operation, traffic impacts,
architectural design, landscape treatments and separation from neighboring uses. The Commission may
make other suggestions to Town Council concerning other ways in which a proposed mini-storage
facility may be acceptable and compatible to an area. Per Section 2.02 of the Zoning Ordinance, should
any of the conditions or terms of a SUP be violated after it has been granted, the Town Council may
revoke it or the applicant may be asked to apply for a new SUP.
Based on staff review, the one concern staff has with the proposed ordinance change is the potential
impact on the Town Center area. As noted above, jurisdictions with specific downtown or town center
zoning districts did not allow for mini-storage as a use by right or with a Special Use Permit in these
zones. Downtown areas are intended to be developed with high traffic, pedestrian-friendly and
supportive uses such as retail stores, restaurants, entertainment activities, and high-density residential.
The fact this change is proposing a requirement for a Special Use Permit to allow the use rather than
making it a use by right gives some opportunity to control the use in the Town Center area but it does
open the door and the use would need to be allowed if it meets the general ordinance standards.
Related Ordinance, Policy or Guiding Principle
General Plan 2010, Chapter 3 - includes goals and policies related to improving use of existing
commercial property and being creative in attracting small and medium-sized businesses. This chapter
also includes policies regarding the importance of protecting residential neighborhoods from
incompatible uses.
Zoning Ordinance, Chapter 12, Sections 12.02 - 12.06 - lists the uses permitted and those requiring
Special Use Permits in each of the commercial zoning districts.
Risk Analysis
N/A
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the proposed text amendment.
SUGGESTED MOTION
MOVE to approve Ordinance 20-10.
Attachments
Form Review
Inbox Reviewed By Date
Development Services Director
Senior Planner (Originator)Farhad Tavassoli 07/01/2020 09:08 AM
Development Services Director John Wesley 07/01/2020 12:00 PM
Town Attorney
Town Manager
Form Started By: Farhad Tavassoli Started On: 07/01/2020 07:21 AM
ORDINANCE NO. 20-09
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING
ORDINANCE, CHAPTER 12, COMMERCIAL ZONING DISTRICTS, BY ADDING A NEW
PROVISION TO SECTION 12.05, TO ALLOW INDOOR MINI-STORAGE IN THE C-2
ZONING DISTRICT UNDER THE CONDITION OF A SPECIAL USE PERMIT.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for
the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
12, Commercial Zoning Districts by adding a new provision to Section 12.05, to allow indoor mini-
storage in the C-2 zoning district under the condition of a Special Use Permit; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the May 20, 2020 and May
27, 2020 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on June 8, 2020 and by the Town Council on [DATE TO BE DETERMINED].
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section
12.05, Uses Subject to Special Use Permits in C-2 District Only, is amended as follows:
M. INDOOR MINI-STORAGE
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry out
the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this [TBD] day of [TBD], 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 7.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 07/13/2020 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): HOLD A PUBLIC HEARING
AND CONSIDER amending the Town of Fountain Hills Zoning Ordinance, Section 1.12 by changing the
definition of dwelling unit, Section 5.06 G regarding large accessory structures, and Section 10.02 A. 13.
regarding guest houses.
Staff Summary (Background)
The Town Council directed staff to look at options related to the prohibition of kitchens in guest houses
with the possibility of changing the ordinance to remove this prohibition. As part of this effort, staff
researched the general topic of guest houses and accessory dwelling units and also reviewed the codes
for other Arizona cities.
The primary concern with allowing kitchens in guest houses is that it may result in the creation of
duplexes - two homes on one lot. The ordinance further prohibits de facto duplexes in single residence
zoning districts through the definition of a guest house (includes the statement "such quarters shall not
be rented, and/or otherwise used for income producing purposes) and through a provision in Sec. 10.02
A 13 that states guest houses "shall not be used for any commercial or non-residential uses."
One of the challenges with the current ordinance is determining what constitutes a kitchen and how
they could violate the code. A "pool house" could have a restroom with a shower, an open area for
parties and entertaining and include an area that contains a microwave, a mini-frig, a sink and a few
cabinets. Does the microwave, mini-frig, sink, and cabinets create a kitchen? The lines between these
types of uses can get very fuzzy and hard to regulate.
In the literature search, staff found that accessory dwelling units are becoming more common across
the country. They are promoted primarily as a means to provide affordable housing and meet changing
family needs. They can, however, also create concerns with the impact they may have on property
values and parking.
Staff reviewed the zoning ordinances from eleven other communities to see how they handled accessory
"dwelling units" and "guest houses." Information for these types of uses was found in all ordinances,
except for Chandler. In all ten other ordinances there was some provision for these types of uses.
Apache Junction, required an administrative use permit for such units and Florence required approval
of a conditional use permit for such uses in their R1-R district (they are allowed by right in zones with
larger lots and not allowed in zones with smaller lots). Only two cities, Gilbert and Sedona, specifically
exclude kitchens and three (Scottsdale, Paradise Valley, and Florence) were unclear but probably do
allow kitchens. The other five jurisdictions clearly allow kitchens. A summary of the findings by
jurisdiction is attached.
The Fountain Hills Zoning Ordinance includes definitions of dwelling unit and guest house, standards for
guest houses as part of the list of uses in Section 10.02, and regulations for Large Accessory Buildings
(Detached) in Section 5.06. This current combination of regulations is somewhat confusing. Therefore,
staff has taken this opportunity to review all of these areas and proposed a comprehensive set of text
changes to simplify and clarify the regulations.
Definitions
Dwelling Unit: A building or portion thereof having restricted access to one kitchen or area
convertible to kitchen activities, built in accordance to the building code adopted in the Town or,
if built prior to incorporation, adopted by Maricopa County, designed exclusively for residential
purposes, including single-family and multiple-family dwellings; but not including hotels, motels,
boarding and lodging houses, fraternity and sorority houses, rest homes, and nursing homes, or
child care nurseries.
One of the challenges has been with single-family homes that have an additional kitchen in the home.
Another growing issue is the "next generation" homes that are becoming popular that have a place for
elderly parents to live semi-independently from the rest of the family. This definition also makes it
challenging if the guest house is attached to the primary structure.
In reviewing the building code and the codes in the other towns surveyed, they all used a very similar
definition that does not specifically state kitchens or limit the number of kitchens. Based on the
language found in these other sources, staff is proposing we change the definition of dwelling unit to:
Dwelling Unit: A room or suite of rooms including permanent provisions for living, sleeping,
eating, sanitation, and cooking and designed or occupied as separate living quarters.
This definition of guest house seems to be clear and provides the standard which prohibits the
guest house from being rented separately as an additional dwelling unit on the property. Staff is
not proposing any changes to this definition:
Guest House: Living or sleeping quarters within an accessory building for the sole use of
occupants of the premises, guests of such occupants or persons employed on the premises. The
accessory building may be attached or detached from the main building. Such quarters shall not
be rented, and/or otherwise used for income producing purposes.
Section 10.02 A. 13.
This section of the ordinance states that guest houses, attached or detached, are an allowed use in the
single-family zoning districts subject to a number of requirements. Many of the standards have to do
with size, setback, and height. These are all similar to the rules in Section 5.06 G for large accessory
structures. The rules also contain other requirements such as no kitchen, no attached garage, and must
use the same utilities as the primary building. Again, these are similar to the rules for large accessory
buildings. They are not, however, exactly the same. This leads to some confusion. Therefore, it is staff's
suggestion that as a part of this text amendment, rather than just remove the prohibition on kitchens
from this section, address the conflicts and confusion between the two sections of the ordinance.
Staff is proposing that this section be amended to simply state the allowed use and consolidate all the
development standards in Section 5.06. The proposed language is:
13. Guest House; provided that it shall not be used for any commercial or nonresidential uses.
Section 5.06 G.
This section of the ordinance provides regulations for large (over 120 square feet) detached
accessory structures. While one possible use of a large accessory structure may as a guest
house, they can also be used as poolside cabanas, RV garages, workshops, etc. The regulations
include information regarding where the buildings can be on a lot, setbacks, lot coverage, height
and utilities. This section currently states that no kitchens are permitted. Currently, the
regulations provided in Section 5.06 G. are very similar to those under Guest House in 10.02 A.
13. but they are not exactly the same. In order to remove any confusion, staff is recommending
all development standards for large accessory structures, whether attached or detached, be
provided in one place. Therefore, extensive adjustments are proposed to consolidate
everything regarding this building type into this section of the code.
The provisions contained in the revised ordinance are the same as what is in the current code
with four exceptions:
Kitchens are no longer prohibited.
Use of 220 power is no longer prohibited.
An additional parking space is required if the structure is used as a guest house.
An illustration that shows that if the guest house is in front of the front plan of the house it can be
no further from the front of the house than one-half the depth of the guest house. There are no
written standards in the current code to back up this illustration and it only applies to
structures used as a guest house, not other detached accessory structures.
The proposed language for the amended Sec. 5.06 G. is:
G. Large Accessory Buildings:
Large accessory buildings are accessory buildings greater than one-hundred-twenty (120) square feet in
size. The following standards apply to all large accessory buildings in any residential zoning district.
1. Any large accessory buildings shall:
a. Be no more than thirty (30) percent of the square footage of the footprint of the livable
area of the principal building;
b. Be connected to the principal building’s utilities;
c. Either share a common wall of at least four (4) feet in length with the principal building
or be at least six (6) feet from the principal building;
d. Have the same building height allowance as stated in the zoning district regulations for
the principal building if the accessory building shares a common wall of at least four (4) feet
in length with the principal building;
e. Comply with the building height and setback requirements of the zoning district in
which it is located except as provided below:
i. If the accessory structure does not share a common wall of at least four (4) feet in
i. If the accessory structure does not share a common wall of at least four (4) feet in
length with the principal building, the large accessory building shall be limited to a
maximum height of fifteen (15) feet;
ii On corner lots zoned R1-6 through R1-10, accessory buildings separated from the
principal building by at least six (6) feet with no physical connection to the principal
structure may maintain a rear yard setback equal to the required interior side yard in
that zoning district.
f. Be separated from any other building on the same lot by at least six (6) feet;
g. Not have any overhead garage doors facing any street front if any portion of the
accessory building is constructed in front of the front plane of the principal building;
h. Not be located between the street side plane of the principal building and
the street side lot line; and,
i. Be constructed of materials and of a color that are the same as the principal building if
connected to the principal building or located in front of the front plane of the principal
building.
2. At least one additional parking space must be provided for each large accessory building used
as a guest house.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 1.12, Definitions
Zoning Ordinance Section 10.02 Permitted Uses
Zoning Ordinance Section 5.06 G Large Accessory Structures (Detached)
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Ordinance 20-13 as submitted.
SUGGESTED MOTION
Staff will assist the Commission in preparing a motion as needed.
Attachments
Draft Ordinance 20-13
Research of cities and towns
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 06/30/2020 04:15 PM
Town Attorney
Town Manager
Form Started By: John Wesley Started On: 06/18/2020 04:43 PM
ORDINANCE NO. 20-13
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,
ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE,
SECTION 1.12 BY CHANGING THE DEFINITION OF DWELLING UNIT, SECTION 5.06 G.
REGARDING LARGE ACCESSORY STRUCTURES, AND SECTION 10.02 A. 13.
REGARDING GUEST HOUSES.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for
the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to amend Section
1.12 by changing the definition of dwelling unit, Section 5.06 G. regarding Large Accessory
Buildings, and Section 10.02 A. 13 regarding Guest Houses; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the June 24, 2020, July 1,
2020, August 5, 2020, and August 12, 2020, editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on July 13, 2020 and by the Town Council on August 24, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 1, Introduction, Section 1.12, Definitions, is
amended as follows:
Dwelling Unit: A building or portion thereof having restricted access to one kitchen or
area convertible to kitchen activities, built in accordance to the building code adopted in
the Town, or if built prior to incorporation, adopted by Maricopa County, designed
exclusively for residential purposes, including single-family and multifamily dwellings;
but not including hotels, motels, boarding and lodging houses, fraternity and sorority
house, rest homes and nursing homes, or child care nurseries ROOM OR SUITE OF
ROOMS INCLUDING PERMANENT PROVISIONS FOR LIVING, SLEEPING,
EATING, SANITATION, AND COOKING, AND DESIGNED OR OCCUPIED AS
SEPARATE LIVING QUARTERS.
SECTION 3. The Zoning Ordinance, Chapter 5, General Provisions, Section 5.06 G., Large
Accessory Buildings (Detached), is amended as follows:
G. Large Accessory Buildings (Detached):
LARGE ACCESSORY BUILDINGS ARE ACCESSORY BUILDINGS GREATER
THAN ONE-HUNDRED-TWENTY (120) SQUARE FEET IN SIZE. THE
FOLLOWING STANDARDS APPLY TO ALL LARGE ACCESSORY BUILDINGS
IN ANY RESIDENTIAL ZONING DISTRICT.
1. Any detached accessory building greater that one-hundred-twenty (120) square
feet in size in any residential zoneANY LARGE ACCESSORY BUILDING
SHALL:
a. Shall not be located in any building setback, except as outlined in
(G)(3) below;
b. Shall be at least six feet from any other building;
c. Shall not exceed fifteen (15) feet in height;
d. Shall not exceedBE NO MORE THAN thirty (30) percent of the square
footage of the footprint of the livable area of the principal building;
e. Shall not contain kitchen facilities (oven or stove);
B. BE CONNECTED TO THE PRINCIPAL BUILDING’S UTILITIES;
C. EITHER SHARE A COMMON WALL OF AT LEAST FOUR (4)
FEET IN LENGTH WITH THE PRINCIPAL BUILDING OR BE AT
LEAST SIX (6) FEET FROM THE PRINCIPAL BUILDING;
D. HAVE THE SAME BUILDING HEIGHT ALLOWANCE AS
STATED IN THE ZONING DISTRICT REGULATIONS FOR THE
PRINCIPAL BUILDING IF THE ACCESSORY BUILDING
SHARES A COMMON WALL OF AT LEAST FOUR (4) FEET IN
LENGTH WITH THE PRINCIPAL BUILDING;
E. COMPLY WITH THE BUILDING HEIGHT AND SETBACK
REQUIREMENTS OF THE ZONING DISTRICT IN WHICH IT IS
LOCATED, EXCEPT AS PROVIDED BELOW:
I. IF THE LARGE ACCESSORY BUILDING DOES NOT SHARE
A COMMON WALL OF AT LEAST FOUR (4) FEET IN
LENGTH WITH THE PRINCIPAL BUILDING, THE LARGE
ACCESSORY BUILDING SHALL BE LIMITED TO A
MAXIMUM HEIGHT OF FIFTEEN (15) FEET.
II. ON CORNER LOTS ZONED R1-6 THROUGH R1-10, A LARGE
ACCESSORY BUILDING THAT IS SEPARATED FROM THE
PRINCIPAL BUILDING BY AT LEAST SIX (6) FEET AND
WITH NO PHYSICAL CONNECTION TO THE PRINCIPAL
STRUCTURE MAY MAINTAIN A REAR YARD SETBACK
EQUAL TO THE REQUIRED INTERIOR SIDE YARD IN THAT
ZONING DISTRICT.
F. BE SEPARATED FROM ANY BUILDING OTHER THAN THE
PRINCIPAL BUILDING ON THE SAME LOT BY AT LEAST SIX
(6) FEET;
G. NOT HAVE ANY OVERHEAD GARAGE DOORS FACING ANY
STREET IF ANY PORTION OF THE ACCESSORY BUILDING IS
CONSTRUCTED IN FRONT OF THE FRONT PLANE OF THE
PRINCIPAL BUILDING;
H. NOT BE LOCATED BETWEEN THE STREET SIDE PLANE OF
THE PRINCIPAL BUILDING AND THE STREET SIDE LOT LINE;
AND,
I. BE CONSTRUCTED OF MATERIALS AND OF COLORS THAT
ARE THE SAME AS THE PRINCIPAL BUILDING IF
CONNCECTED TO THE PRINCIPAL BUILDING OR LOCATED
IN FRONT OF THE FRONT PLANE OF THE PRINCIPAL
BUILDING.
f. Shall be connected to the principal building’s utilities, and shall not have
two-hundred-twenty (220) volt electrical service to any part or common
wall, with the exception of a hardwired air conditioning unit;
g. Shall not be located between the street side plane of the principal
building and the street side lot line.
2. Any detached accessory building greater than one-hundred-twenty (120) square
feet constructed in front of the front plane of the principal building in any
residential zone;AT LEAST ONE ADDITIONAL PARKING SPACE
MUST BE PROVIDED FOR EACH LARGE ACCESSORY BUILDING
USED AS A GUEST HOUSE.
a. Shall be completely enclosed;
b. Shall be constructed of materials and of a color that are the same as the
principal building;
c. Cannot have any overhead garage doors facing any street front;
3. On corner lots in Single-Family Residential Zoning Districts (R1-6, R1-6A,
R1-8, R1-8A, R1-10, R1-10A only). Any detached accessory building greater
than one-hundred-twenty (120) square feet may be located within the rear
yard setback, but shall not be no closer to the rear lot line than a distance equal
to the zoning district’s side yard setback, as set forth in Chapter 10 of this
ordinance. All other zoning and subdivision regulations must be met.
SECTION 4. The Zoning Ordinance, Chapter 10, Single-Family Residential Zoning
Districts: R1-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A,
Section 10.02 A. 13. be amended as follows:
13. Guest Houses, PROVIDED THAT THEY attached or detached; provided,
that:
a. The structure must conform to all minimum setback requirements.
b. An attached Guest House may be located in front of the principal building if
the Guest House is attached by a four foot wide common wall or doorway.
c. Shall not exceed thirty (30) percent of the square footage of the footprint of
the livable area of the principal building.
d. Shall not exceed fifteen (15) feet in height.
e. An attached Guest House shall not contain any of the following:
1. An attached garage.
2. Kitchen facilities (oven or stove).
f. Must be connected to principal building’s utilities, and shall not have two-
hundred-twenty (220) volt electrical service to any part or common wall,
with the exception of a hardwired air conditioning unit.
g. Sshall not be used for any commercial or nonresidential uses.
SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry out
the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this 24th day of August, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
City Guest
Houses
Allowed
Kitchens
Allowed
Miscellaneous standards
Fountain Hills Yes No Guest house, sole use of residences or
guests
Attached or detached
Shall not be rented or income
producing
Meet setbacks
No kitchens
Detached 15’ max. height
Max. 30% of primary building
Connected to primary building
utilities; no 220 volt electric
Mesa Yes Yes If attached or part of primary,
separate entry
Max. 35% of primary unit
Must meet setbacks, lot coverage
Served by same water service
No additional parking required
Scottsdale Yes N/C,
probably
No greater than 50% of primary
Served by same water service
Not rented independently
Paradise
Valley
Yes
Not R1-10
N/C,
probably
Guest house, residential staff quarters
Designed for occupancy by no more
than one family
Own sanitary facilities
Cave Creek Yes,
DR-43 and
larger
Yes Attached or detached
Same water and electric
Single driveway
Not exceed 50% of primary residence
Florence Yes
By right in
RA-10 &
RA-4, CUP
in R1-R,
No in
smaller
districts
N/C
Probably
Guest house and guest room
Guest room, no kitchen; not stated for
Guest house
Additional parking may be required
through the CUP
Gilbert Yes No House family members or non-paying
guests
Not equipped for kitchen appliances
including 220-volt electric or gas
Chandler N/C N/C Could only find information regarding
guest rooms
Guest rooms used only for sleeping
purposes
Flagstaff Yes Yes Must meet setbacks of primary
Lot under 1 acre, max 600 sq. ft.
Over 1 acre, max 1000 sq. ft.
1 additional parking space
Same utility service
Sedona Yes No 50% of the primary structure up to
750 sq. ft.
Max. of one per lot or parcel
Architecturally compatible
No manufactured homes, trailers or
RVs
Same utilities as primary
Same ownership as primary
Same setbacks
Apache
Junction
Yes
with
Admin
Use Permit
Yes Same setbacks
50% of primary unit
Not in front of primary unit
May not be rented separately
25’ max. height
Attached, detached, accessible from
primary
Payson Yes Yes Only one unit rented
800 sq. ft. or 33% of primary
Provide sufficient onsite parking for
both units
Limits on the number of people in
ADU depending on size
Comply with all codes