HomeMy WebLinkAboutAGENDApacket__11-09-20_1248_18
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
Immediately Following the Joint Meeting with the Community Services
Advisory Commission and the Planning and Zoning Commission
Chairman Erik Hansen
Vice Chairman Peter Gray
Commissioner Jessie Burnswig
Commissioner Clayton Corey
Commissioner Susan Dempster
Commissioner Dan Kovacevic
Commissioner Scott Schlossberg
TIME:6:00 P.M. – REGULAR MEETING
WHEN:THURSDAY, NOVEMBER 9, 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
Planning and Zoning Commission Meeting of November 9, 2020 2 of 4
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
September 14, 2020.
5.HOLD A PUBLIC HEARING AND CONSIDER Ordinance #20-24, amending the official Zoning
Maps of the Town of Fountain Hills, Arizona by adding the Planned Shopping Plaza Overlay
District to the area bounded on the south by East Avenue of the Fountains, on the west by
North La Montana Drive, on the north by East Palisades Boulevard, and on the east by North
Saguaro Boulevard.
(Case #Z 2020-10)
6.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
7.SUMMARY OF COMMISSION REQUESTS from Development Services Director.
8.REPORT from Development Services Director.
9.ADJOURNMENT
Planning and Zoning Commission Meeting of November 9, 2020 3 of 4
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 November 9, 2020 4 of 4
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 11/09/2020 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 September 14, 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 September 14, 2020.
SUGGESTED MOTION
MOVE to approve the minutes of the Planning and Zoning Commission September 14, 2020.
Attachments
minutes
Meeting Minutes 9.14.20
Form Review
Inbox Reviewed By Date
Inbox Reviewed By Date
Development Services Director John Wesley 10/30/2019 10:29 AM
Town Attorney Elizabeth A. Burke 11/25/2019 09:17 AM
Town Manager Elizabeth A. Burke 11/25/2019 09:17 AM
Form Started By: Paula Woodward Started On: 10/30/2019 10:07 AM
Final Approval Date: 11/25/2019
DRAFT
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
SEPTEMBER 14, 2020
1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Chairman Hansen called the meeting of the Fountain Hills Planning and Zoning
Commission of September 14, 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.
2.ROLL CALL
Present: Commissioner Susan Dempster; 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
3.CALL TO THE PUBLIC
4.CONSIDERATION OF approving the meeting minutes of the Planning and Zoning Commission
July 13, 2020.
MOVED BY Commissioner Dan Kovacevic, SECONDED BY Commissioner Clayton Corey to
approve the meeting minutes of the Planning and Zoning Commission July 13, 2020.
Vote: 6 - 0 - Unanimously
5.HOLD A PUBLIC HEARING AND CONSIDER Ordinance 20-18 amending Section 1.10, Violation
and Penalty, Section 20.15, Penalties, and Section 21.12, Violations and Penalties, and adding
Section 24.04, Violations and Penalties, of the Zoning Ordinance as they pertain to penalties
for violation of the Zoning Ordinance. Case #2020-06
Chairman Hansen opened the public hearing.
Mr. Wesley explained that with the assistance of code enforcement and the town attorney, a
review of the entire town code and the penalty sections took place over the course of a
year. It was discovered a lot of items in the code were criminal when they really should be
civil. The process to get a criminal conviction is more challenging. It made more sense to
assign simple violations to civil in order to get compliance sooner rather than later. Roy Jaffe
reviewed other cities and compared their town code to the Fountain Hills Town Code. Mr.
Wesley gave a PowerPoint presentation regarding the Amendments to Zoning Ordinance
Criminal to Civil (Exhibit A attached hereto and made a part hereof), which addressed:
OVERVIEW
COMPREHENSIVE CHANGES TO CIVIL
A FEW CHANGES IN THE ZONING ORDINANCE
SECTION 1.10
SECTION 20.15
SECTION 21.12
SECTION 24.04
OPTIONS AND RECOMMENDATIONS
Mr. Wesley said the proposed amendment changes pertain to Saguaro Preservation, Medical
Marijuana and Adult Businesses.
Commissioner Dempster said she appreciated the consistency of the changes made to the
code. She asked what did staff discover while researching other communities.
Roy Jaffe, Senior Code Enforcement Officer, replied that at a conference he made contact
with code enforcement officers from Avondale, Chandler, Glendale, Goodyear, Mesa,
Phoenix, Queen Creek and Scottsdale. He received information verbally and in writing.
Chairman Hansen closed the public hearing.
MOVED BY Commissioner Scott Schlossberg, SECONDED BY Commissioner Clayton Corey to
forward a recommendation to the Town Council to approve Ordinance 20-18 amending
Section 1.10, Violation and Penalty, Section 20.15, Penalties, and Section 21.12, Violations and
Penalties, and adding Section 24.04, Violations and Penalties, of the Zoning Ordinance as they
pertain to penalties for violation of the Zoning Ordinance. Case #2020-06
Vote: 6 - 0 - Unanimously
6.HOLD A PUBLIC HEARING AND CONSIDER ORDINANCE 20-21 amending Chapter 12,
Commercial Zoning Districts, Sections 12.02 B, 12.02 C, and 12.02 D, by adjusting provisions to
allow indoor vehicle sales and rentals in the C-C, C-2, and C-3 Districts.
Case #Z2020-08
Chairman Hansen opened the public hearing.
Farhad Tavassoli, Senior Planner, said this is a staff-initiated text amendment to allow for
indoor vehicle sales in the C-C, C-2 and C-3 zoning district. Mr. Tavassoli stated that he
wanted to make a correction that vehicle rentals should not have been included in the public
notice. Indoor vehicle sales are allowed in C-1 which was approved by Town Council in
February 2020. Mr. Tavassoli gave a PowerPoint presentation (Exhibit B attached hereto and
made a part hereof), which addressed:
REQUEST
CURRENT ORDINANCE
PROPOSED ORDINANCE
STAFF RECOMMENDATIONS
Planning and Zoning Commission Meeting of September 14, 2020 2 of 5
Mr. Tavassoli concluded that staff recommends approval of Ordinance 20-21 as presented.
In response to Chairman Hansen Mr. Tavassoli said that it is to clarify indoor sales only.
Chairman Hansen closed the public hearing.
MOVED BY Commissioner Dan Kovacevic, SECONDED BY Commissioner Clayton Corey to
forward a recommendation to the Town Council to approve Ordinance 20-21 amending
Chapter 12, Commercial Zoning Districts, Sections 12.02 B, 12.02 C, and 12.02 D, by adjusting
provisions to allow indoor vehicle sales and rentals in the C-C, C-2, and C-3 Districts. Case
#2020-08
Vote: 6 - 0 - Unanimously
7.HOLD A PUBLIC HEARING AND CONSIDER Ordinance 20-17 amending Section 5.07 B. of the
Zoning Ordinance as it pertains to the types of flags on flagpoles exempt from height
requirements. Case #2020-07
Chairman Hansen opened the public hearing.
Mr. Wesley explained that while reviewing the zoning ordinance it was discovered that this
ordinance as written needed updating to reflect the flag content remain neutral as it
pertains to the types of flags on flagpoles exempt from height requirements. Although it is
not a sign ordinance it is related to the content of the flag. The exception would be
allowance of governmental flags. The ordinance needs to either not allow an exception or
allow the exception without regulating the content of the flag. Given that most flags are for
government entities, the revised ordinance would omit the language that refers to the type
of flag. Mr. Wesley concluded by not changing the ordinance could result in a lawsuit based
on a person having a flagpole that exceeds the limits and displaying a flag other that those
listed in Section 5.07 B.7. Staff recommends approval of the amendment as presented
which removes the reference to the content allowed on the flags.
Discussion ensued relating the exemption to Homeowners Associations and the Supreme
Court decision.
Chairman Hansen closed the public hearing.
MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Scott Schlossberg to
forward a recommendation to the Town Council to approve Ordinance 20-17 amending
Section 5.07 B of the Zoning Ordinance as it pertains to the types of flagpoles exempt from
height requirements.Case #2020-07
Vote: 4 - 2
NAY: Vice Chairman Peter Gray
Planning and Zoning Commission Meeting of September 14, 2020 3 of 5
Commissioner Dan Kovacevic
8.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
Dan Kovacevic asked about the status of the Plat 208 parking information.
9.SUMMARY OF COMMISSION REQUESTS from Development Services Director.
Mr. Wesley said there has been general discussion regarding the parking requirements.
There is a parking count in the staff report for tomorrow night’s meeting.
10.REPORT from Development Services Director.
Mr. Wesley said that tomorrow night the Town Council will be reviewing revised overlay
district for Plat 208 and the amendment to the C-2 Zoning District allowing indoor storage
facilities. Mr. Wesley updated the Commission regarding the October agenda which includes
the rezoning application to apply the overlay to the plat 208 area and a Special Use Permit
for the indoor mini storage. There is an October 19, 2020 joint meeting with the Planning
and Zoning Commission and the Community Services Advisory Commission to review the
Active Transportation Plan. Mr. Wesley said that it does not appear there will be Planning
and Zoning Commission meetings in November and December.
11.ADJOURNMENT.
The Regular Meeting of the Fountain Hills Planning and Zoning Commission held September
14, 2020, adjourned at 6:34 p.m.
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 14th day of September, 2020. I further certify that the meeting was duly called and
that a quorum was present.
Planning and Zoning Commission Meeting of September 14, 2020 4 of 5
Dated this 21st day of September, 2020.
_____________________________________
Paula Woodward, Executive Assistant
Planning and Zoning Commission Meeting of September 14, 2020 5 of 5
ITEM 5.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 11/09/2020 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 Ordinance #20-24, amending the official Zoning Maps of the Town of Fountain Hills,
Arizona by adding the Planned Shopping Plaza Overlay District to the area bounded on the south by East
Avenue of the Fountains, on the west by North La Montana Drive, on the north by East Palisades
Boulevard, and on the east by North Saguaro Boulevard.
(Case #Z 2020-10)
Staff Summary (Background)
On September 15, 2020, the Town Council adopted Ordinance 20-14, amending the Zoning Ordinance
by adding Chapter 26, Planned Shopping Plaza Overlay. This chapter adds an overlay district to the
Zoning Ordinance to replace the overlay that was adopted in 1992 but not included in the 1993 Zoning
Ordinance.
The previous Overlay district had been applied to the north half of Plat 208, the area north of Avenue of
the Fountains, east of La Montana Drive, south of Palisades Boulevard, and west of Saguaro Boulevard.
This area was zoned C-2 with the initial development of the Town, but was allowed to develop with
setback, lot coverages, building heights, and parking standards not consistent with the requirements of
the C-2 District. The previous and new Planned Shopping Plaza Overlay establishes standards consistent
with the urban development form of this area.
If this rezoning is approved, the Planned Shopping Plaza Overlay District will again be applied to this
area. This Overlay district allows for the common parking area vs. on-lot parking, three-story building
height, and 100% lot coverage consistent with the existing built form in this area. If it is not approved all
future development and redevelopment will have to be consistent with the standard C-2 zoning
requirements.
Related Ordinance, Policy or Guiding Principle
Fountain Hill General Plan 2010
Fountain Hill General Plan 2010
Fountain Hills General Plan 2020
Fountain Hills Downtown Area Specific Plan
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Approval of Ordinance 20-24.
SUGGESTED MOTION
MOVE to approve Ordinance 20-24.
Attachments
Vicinity Map
Ordinance 21-01
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 10/26/2020 03:40 PM
Form Started By: John Wesley Started On: 09/15/2020 01:43 PM
Final Approval Date: 10/26/2020
Vicinity
CASE:
Z2020-10
SITE / ADDRESS:
BOUNDED BY AVENUE OF THE
FOUNTAINS, LA MONTANA, PALISADES,
AND SAGUARO.
REQUEST:
AMENDING THE OFFICIAL ZONING
DISTRICT MAPS OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, BY ADDING
THE PLANNED SHOPPING PLAZA
OVERLAY DISTRICT TO THE AREA
BOUNDED BY AVENUE OF THE
FOUNTAINS, LA MONTANA, PALISADES,
AND SAGUARO.
All that is Ariz on a
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Vicinity MapMap ::Z2020-10Z2020-10 CaseCase DetailsDetails
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ORDINANCE NO. 21-01
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING
DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, BY
AMENDING THE ZONING DESIGNATION OF APPROXIMATELY 50
ACRES LOCATED NORTH OF AVENUE OF THE FOUNTAINS, EAST
OF LA MONTANA DRIVE, SOUTH OF PALISADES BOULEVARD, AND
WEST OF SAGUARO BOULEVARD BY ADDING THE PLANNED
SHOPPING PLAZA OVERLAY DISTRICT.
RECITALS:
WHEREAS, the Town of Fountain Hills (the “Town”) adopted Ordinance No. 93-22, on
November 18, 1993, adopting the Zoning Ordinance for the Town of Fountain Hills (the
“Zoning Ordinance”); and
WHEREAS, Chapter 2, Procedures, Section 2.01, Amendments or Zone Changes, of
the Zoning Ordinance establishes the authority and procedures for amending the zoning
district boundaries; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV.
STAT. § 9-462.04, public hearings were advertised in the October 21 and 28, 2020
editions of the Times of Fountain Hills;
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on November 9, 2020, and by the Mayor and Council of the Town of
Fountain Hills on January 5, 2021.
ENCACTMENTS:
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 on approximately 50 acres of real property bounded on the
south by East Avenue of the Fountains, on the west by North La Montana Drive, no the
north by East Palisades Boulevard, and on the west by North Saguaro Boulevard, as
more particularly described and depicted on Exhibit A, attached hereto and incorporated
herein by reference, is rezoned to add the “Planned Shopping Plaza Overlay” District
designation.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
2
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 5th day of January 2021.
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
Grady Miller, Town Manager Town Attorney