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HomeMy WebLinkAbout2025.0113.PZCAgendaPacket       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS PLANNING AND ZONING COMMISSION      Chairman Peter Gray  Commissioner Clayton Corey Commissioner Mathew Corrigan Commissioner Patrick Dapaah Commissioner Dan Kovacevic Commissioner Scott Schlossberg Commissioner Phil Sevum      TIME:6:00 P.M. – REGULAR MEETING WHEN:MONDAY, JANUARY 13, 2025 WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s Council,  various Commission, Committee or Board members may be in attendance at the Commission meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Commission are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT   The public is welcome to participate in Commission meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Executive Assistant prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Commission. Verbal comments should be directed through the Presiding Officer and not to individual Commissioners. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Executive Assistant prior to discussion, if possible.   REGULAR MEETING        1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE – Chair Gray     2.ROLL CALL – Chair Gray     3.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Commission, and (ii) is subject to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual commissioners may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Commission agenda.     4.CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission November 18, 2024 and December 9, 2024.     5. CONSIDERATION AND POSSIBLE ACTION of Appointing a Chairperson to the Planning and Zoning Commission.     6.CONSIDERATION AND POSSIBLE ACTION: Appointing a Vice Chairperson to the Planning and Zoning Commission.     7.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow vehicle sales with outdoor display at 15225 N. Fountain Hills Blvd.      8.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow ten (10) single family residential units on six (6) properties in a commercial subdivision (Plat 106) generally located 400 feet west of the northwest corner of Fountain Hills Blvd. and El Pueblo Blvd. (15012-15014-15016-15018-15020-15022-15026 N. Ivory Dr.) in the C-C (Community Commercial) zoning district.      9.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow four (4) multi-family buildings containing 3 dwellings each on four (4) adjacent 1,250 square-foot parcels generally located 200 feet east of the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. (15037-15039-15041-15043 N. Fountain Hills Blvd.) in the C-C (Community Commercial) zoning district.     Planning and Zoning Commission Meeting of January 13, 2025 2 of 3   10.DISCUSS AND PROVIDE COMMENTS ON: First draft of a proposed new Downtown Overlay District.      11.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.    12.SUMMARY OF COMMISSION REQUESTS from Development Services Director.    13.REPORT from Development Services Director.    14.ADJOURNMENT     Dated this ______ day of ____________________, 2025. _____________________________________________  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 January 13, 2025 3 of 3   ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/13/2025 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Paula Woodward, Executive Assistant Staff Contact Information: Paula Woodward, Executive Assistant Request to Planning and Zoning Commission (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission November 18, 2024 and December 9, 2024. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law.   Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the meeting minutes of the regular meeting minutes of the Planning and Zoning Commission November 18, 2024 and December 9, 2024.   SUGGESTED MOTION MOVE to approve the regular meeting minutes of the Planning and Zoning Commission November 18, 2024 and December 9, 2024. Attachments 11/18/24 Summary Minutes & Verbatim Transcript  12/9/24 Summary Minutes & Transcript Verbatim  Planning and Zoning Commission November 18, 2024 1 of 3 TOWN OF FOUNTAIN HILLS SUMMARY MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION NOVEMBER 18, 2024 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Vice Chairperson Watts called the Regular Meeting of the Fountain Hills Planning and Zoning Commission held on November 18, 2024, to order at 6:00 p.m. and led the Commission and audience in the Pledge of Allegiance and Moment of Silence. 2. ROLL CALL Commissioners Present: Chairperson Gray (telephonically), Vice Chairperson Rick Watts; Commissioner Clayton Corey; Commissioner Patrick Dapaah, Commissioner Dan Kovacevic, Commissioner Scott Schlossberg and Commissioner Phil Sveum Chairperson Gray took his seat on the dais at 6:35 p.m. Staff Present: Development Services Director John Wesley, Senior Planner Farhad Tavassoli, and Executive Assistant Paula Woodward. 3. CALL TO THE PUBLIC None 4. CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission September 9, 2024 and October 14, 2024. MOVED BY Commissioner Corey to approve the regular meeting minutes of the Planning and Zoning Commission September 9, 2024 and October 14, 2024. SECONDED BY Commissioner Sveum. Vote: 7/0 Unanimously Commissioner Corey Aye Commissioner Dapaah Aye Commissioner Kovacevic Aye Commissioner Schlossberg Aye Commissioner Sveum Aye Vice Chair Watts Aye Chairperson Gray Aye 5. HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow residential use (up to twelve dwelling units) on property located at 16740 E. Avenue of the Fountains. MOVED BY Commissioner Corey to recommend the Town Council approve the Special Use Permit to allow residential use (up to twelve dwelling units) on the Planning and Zoning Commission November 18, 2024 2 of 3 property located at 16740 E. Avenue of the Fountains to include the items stipulated in the staff report, and the requirement that the maximum height not exceed forty-seven feet, and the requirement that materials are used to create interest on the exterior side of the building. SECONDED BY Commissioner Dapaah Vote: 7/0 Unanimously Commissioner Corey Aye Commissioner Dapaah Aye Commissioner Kovacevic Aye Commissioner Schlossberg Aye Commissioner Sveum Aye Vice Chair Watts Aye Chairperson Gray Aye 6. HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a special use permit to allow four (4) multi-family buildings containing 3 dwellings each on four (4) adjacent 1,250 square-foot parcels generally located 200 feet east of the of the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. (15037-15039-15041-15043 E. Fountain Hills Blvd.) in the C-C (Community Commercial) zoning district. MOVED BY Commissioner Kovacevic to continue the request for a Special Use Permit to a future meeting date. SECONDED BY Vice Chairperson Watts. Vote: 7/0 Unanimously Commissioner Corey Aye Commissioner Dapaah Aye Commissioner Kovacevic Aye Commissioner Schlossberg Aye Commissioner Sveum Aye Vice Chair Watts Aye Chairperson Gray Aye 7. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. 8. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 9. REPORT from Development Services Director. 10. ADJOURNMENT Vice Chairperson Watts adjourned the Regular meeting of the Fountain Hills Planning and Zoning Commission held on November 18, 2024, at 7:21 p.m. PLANNING AND ZONING COMMISSION Chairperson Peter Gray Planning and Zoning Commission November 18, 2024 3 of 3 ATTESTED AND PREPARED Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Planning and Zoning Commission, Fountain Hills in the Town Hall Council Chambers on November 18, 2024. I further certify that the meeting was duly called and that a quorum was present. DATED this day of November 18, 2024 Paula Woodward, Executive Assistant Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 1 of 42 Post-Production File Town of Fountain Hills Planning and Zoning Commission Meeting November 18, 2024 Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 2 of 42 GRAY: Hello. PAULA: Peter, you're live. WATTS: Peter, you're live. GRAY: Thank you. WATTS: Thank you. PAULA: Stand by, Peter. WATTS: Stand by, Peter. [Pause] WATTS: Okay. Peter, do you want to call the meeting, or you want me to start it and then you -- when you show up. GRAY: No. Go ahead, Rick. WATTS: All right, it's 6 -- WATTS: all stand for the pledge of allegiance and a moment of silence, please. ALL: I pledge allegiance to the flag of the United States of America, to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. WATTS: Paula, can I have roll call, please? PAULA: Commissioner COREY (ph.)? COREY: Here. PAULA : Commissionner Dapaah DAPAAH: Here. PAULA: Commissioner Kovacevic KOVECEVIC: Here. PAULA: Commissioner Schlossberg SCHLOSSBERG: Here. PAULA: Commissioner Sveum SVEUM: Here. PAULA: Vice Chairman Watts WATTS: Here. PAULA: Chairman Gray (telephonically) Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 3 of 42 GRAY: Here. WATTS: Thank you. And Paula, I don't see minutes here, but I know we got two sets of minutes for the 9th -- for September and October. PAULA: Agenda item number 4. WATTS: Okay. So I got ahead of myself once again. PAULA: Well, call to the public. WATTS: Thank you. PAULA: I don't have any speaker cards. WATTS: No speaker cards for call to the public? PAULA: No, sir. WATTS: Okay then item 4. Can I get a motion to approve the minutes for September and October? COREY: I'll make a motion to approve minutes for the September 9th and October 14th meetings. SVEUM: Second. WATTS: All in favor? ALL: Aye. WATTS: Consensus? PAULA: Seven, zero. WATTS: Okay. Item number 5, consideration and possible action for special use permit to allow residential use up to 12 dwelling units on a property located at 16740 E Avenue of the Fountains. John? JOHN: Good evening, Chairman, Commissioners. Good to see you this evening, we'll go through this presentation here. The request is for the parcel shown on the map along the Avenue of the Fountains. It is currently zoned C2, which is a intermediate commercial zoning district and has two overlays, entertainment, and planned shopping plaza overlays. The area was platted in 1971, and this parcel was originally two of the 6,000 square-foot lots that are common in this plat, and in 2001 they were combined into the parcels shown today. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 4 of 42 The zoning district that we have on this property allows residential use by right if it's on the 2nd floor and up to eight dwelling units per acre. If it exceeds that, has a residential on ground floor and more than eight units per acre, then it requires a special use permit. In this case, the special permit is being requested because they are proposing 12 dwelling units, 6 per floor on the second and third-floor levels, which equates to about 43 dwelling units per acre, one per 1000 square feet. Surrounding zoning in the entire area along the avenue has the C2 zoning, north side of the avenue has the overlay district, south side does not. And then over here where Park Place is, is the TCCD mixed-use zoning district. So directly across the street that zoning district allows use very similar to what's being proposed on this property. As far as the land uses themselves and the surrounding area, we have a mix of commercial and office uses on the north side of the avenue, on the south side we have the town hall campus, and then the mixed-use Park Place Development. The proposed development on the ground floor will back up to the plat 208 parking lot. They're proposing ten garages along the north side with access in from that parking lot. And ground floor also includes four commercial suites and then a primary access to allow for access up to the residential levels. I want to highlight the park parking for just a moment. Again, plat 208 provides all the required parking. There's no requirement for this development to provide any parking at all. The proposed use with residential actually require less parking than if the same size building were built with retail and office type uses. The garages will provide covered parking for 10 of the 12 residential apartments. They are shown at approximately 32 feet deep. Their label is two-car tandem garages. However, with the door -- access door into the hallway that cuts into that 32 feet and they may find it a challenge to actually get two cars unless they're short vehicles into the garages. But -- if I back up one slide, but because of the depth out to the drive aisle, there's actually space then behind the parking lot itself for another car or possibly two again if they're short, to be parked in that driveway leading up to the garage. So again, they should have plenty of parking for the individual units. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 5 of 42 The second and third floors each contain six dwelling units. And there's also access up to another level up on the roof, where they're proposing an outdoor gathering area that overlooks the avenue that's shown here on the elevation. This is revised from what you had in your packet. And you recall there was some concern raised in the staff report about a stairwell that was over the western portion of that third-floor area, and the size and bulk of that exceeding ordinance requirements. They have -- I didn't point out that here -- they have revised that now based on that concern and are wrapping that stairwell around the elevator. So, it's disguised more in the middle of the building and will be very much less visible at that location. But they do have that outdoor gathering area again, which faces the avenue. And then on the rear side, you can see those garages and where that height is. General plan. A variety of things that that apply here, outlined in the staff report, but we are looking for a variety of housing options in the town and would encourage quality housing that meets the long-term needs of the town and supports economic vitality. And having a variety of integrated houses, mixed uses, particularly in this downtown urban area, is important. Section 2.02 F1D lays out the criteria for the commission to consider in reviewing a special use permit and basically, the proposed use, which should not be detrimental to the public health, safety, peace, comfort, general welfare of persons residing and working in the neighborhood. Should not be detrimental or injurious to property improvements in the neighborhood or the general welfare of the town. So, as we look at each of those statements and apply it to this particular request, one of the proposals is that use should not be detrimental to public health, safety, and comfort of the neighborhood. This is an urban commercial environment, already has established mixed-use, bringing the residential into the downtown area. As we went through the recent update of our downtown strategy and talking with land owners in the area, there's a need for more residential mix in this area to help improve the ability to develop these vacant properties. Today, it really doesn't pencil for them to develop as Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 6 of 42 strictly commercial properties, and they need the residential to go with it to help make them viable. And so, this will help facilitate infill of this vacant lot. Will allowed residential use to be detrimental or injurious to the commercial property improvements? We don't believe so. Again, we believe that providing new development of the town center, filling up a vacant parcel, providing residents living in the town center, who can then shop the businesses and or work in the businesses, will be very beneficial to those particular businesses. There are some impacts on plat 208 itself that will need to continue to be developed. We've had discussions with representatives of that organization. The concerns have to do -- concerns are probably overstatement -- need to be worked out. We talked about these a couple of weeks ago when you had another similar request down the street. The solid waste, there are bins there. Are they big enough? Maybe, maybe not. If they have to add more bins well, plat 208 is going to have to be a part of that process because the bins will most likely be on their property. As we go back to the map, you'll see there's some existing landscape area along the parking -- current plat 208 parking lot that will have to be removed in order to provide access to the garages. So again, working with plot 208 through that process, they've been agreeable to it. We don't see any obstacles. But again, as the property owner, they will have to sign off on any changes to their own property. And then, finally, will it create a desirable living environment that supports the general welfare of the town? We believe the answer to that question is yes. Again, we've seen it across the street, in the Park Place Development. Very similar type proposal here with the ground floor retail and upper two floors of residential that will help the overall housing and commercial balance and provides a walkable urban environment for those types of individuals who want to live there. We did have some concern raised in the staff report about some over-height elements. The maximum height in the zoning district is 40 feet. We went back to the elevations; you'll see there's some going up as high as 47 feet to the top of that elevator tower and stairs. There is a specific ordinance provision that allows for exceeding the height for Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 7 of 42 that type of activity, so that was taken care of. We had the concern in the staff report about those other stairs that were off to the side of the elevator tower and the concern about those really complying with the code. Now they've change that and are wrapping the elevator, we don't see that as an issue. The loft area with a roof covering, that exceeds the height limit by four feet approximately. That's not specifically covered in the ordinance. But it's a minimal exception, and we think a very nice amenity for this development to allow people that that view and opportunity to gather in that location. So, we see that as something that the council could hopefully approve as part of the special use permit. A good neighbor statement was provided as required. A couple of items in there, they'll let their tenants know to avoid gathering parties after 10 p.m. They'll keep the property clean and not allow them to hang things off the balconies and so forth. Citizen participation report was provided to hold a meeting. A couple of citizens attended. Some of the things discussed garages, solid waste, and some possible encroachments. There were no significant issues, and there was support for the project overall. So, in summary, we feel like the request meets the standards for approval as set forth in the zoning ordinance to provide additional support for downtown businesses and another variety of housing options within the town. So staff recommends approval subject to a few items here, approval of a site plan consistent with the code requirements and conceptual plan. Again, their next step after council approval of the SUP, if it is approved, would be to come back to staff with the site plan for approval. So that would again need to follow this conceptual plan and address any code requirements. Allowing over height for the gathering area and, hopefully, getting a letter from plat 208 agreeing to the modifications will have to occur in plat 208 for this development to occur. So, with that, that's my presentation. Any questions of me at this time? The applicant is here to answer questions also. SCHLOSSBERG: Commissioner Watts? Commissioner Schlossberg. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 8 of 42 GRAY: Yes, sir? SCHLOSSBERG: Are these apartments, are they condos. I'm reading the summary, and it says apartments, then it says a condo. How does it read -- that the -- JOHN: So, it -- SCHLOSSBERG: -- it’s been submitted, it has not been submitted as a condo, so is it going to be apartments, or is it going to be condos? JOHN: So, Vice Chair and Commissioner Schlossberg, we were discussing that before the meeting. Their intent is to make it condos. And so that's their plans. Before that, they haven't submitted a condo plan at this time, however. SCHLOSSBERG: So -- okay, so assuming they're condos, then the assumption would be that during the summer months, the intent of having this vibrant downtown community wouldn't be, because they would most likely be snowbirds, and those would be empty. Again, not planning and zoning related, but just my two cents. So that's assuming they turn these into condos, that would be the case, possibly. JOHN: Possibly. SCHLOSSBERG: Okay. Thank you. WATTS: Commissioner COREY? COREY: Thank you, Chair. So, the primary reason this is coming to planning and zoning is the special use permit because the dwelling units per acre is so much higher than what we're allowing. So, we -- what do we have eight there did I read is the standard. JOHN: Vice Chair and Commissioner COREY, yes, the ordinance allows eight units per acre by right. They've got a 12,000 square foot lot with 12 units. That's one per thousand. So that pencils out to 43 units per acre. COREY: Okay. And I wanted to clarify, so across the street where Park Place is, do you know what that -- what that dwelling unit per acre is right now? JOHN: Commissioner, it is right at that 43,45 units. It's been a while since I've seen the number, but it's in that range. COREY: Okay. So, like you mentioned, this would still be consistent with what we have across the street. I just wanted to kind of compare the two, Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 9 of 42 JOHN: Yes. COREY: Okay. I think, you know, I think I really like the way that you guys’ tie this into the general plan and the strategic plan. And I think the property is beautiful, and I love how it can bridge the gap between what we have in two separate areas of downtown. That vacant property has been vacant for how long? JOHN: Forever. COREY: Forever. So, you know it promotes mixed-use, develops the vacant property, and bridges that gap. I think that's important. And I really like the elevations. So, I think for me it’s primarily that -- is that dwelling unit per acre. But if that's consistent with what's across the street, then I think that that would fit well with what we're looking for. WATTS: Commissioner Dapaah? DAPAAH: Yeah. John, can you speak on -- on waste management again? You -- you stated something here about solid waste enclosures, and then later on you talked about it not being large enough to handle additional waste. Could we talk about -- I know one thing that Park Place is facing right now is now is trash management. It's -- it's become a major challenge for them. So I was paying particular attention to this section here. I think this is a brilliant idea, by the way, but just want to get a better understanding of this. JOHN: Yes, Vice Chair and Commissioner Dapaah. So, I've pulled on back to the image here of the aerial. You can see where my cursor is. That's the current solid waste bin enclosure area serving this area of the development. As this area was originally platted, the intent has always been that any solid waste needs would be taken care of within the parking area of the plat. And so, whatever would be built on these lots, they're going to have to at some point expand out in the parking lot the additional solid waste, whether it's this residential development or some other. I'd also point out is, if this isn't sufficient in size, and they're recognize that it may not be, and there have been discussions between this property owner and plat 208 about the need for, you know, expanding this or adding additional. That -- that change and adding that additional solid Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 10 of 42 waste will be on the plat 208 property. And so that's not this property owner that we're dealing with. So, we just have to make sure they are working together in solving that as it moves forward to get to the building permit stage. So that's why we're putting that condition in there. That's just to cover things going forward that we don't get to the point of issuing a building permit and construction starting and haven't worked out for sure how that solid waste is happening. Same thing has to again, I mentioned the parking. Right now, as you see in these drawings, this area is a gravel landscape area. It belongs to plat 208. They're going to have to take that out and put in paving to get to these garages. So, they're going over somebody else's land to get there. Plat 208's going to have to agree to that and -- and be part of that or give us a letter saying they've agreed rule out those changes. So that's -- that's what we're highlighting. DAPAAH: Okay. And that's within the 250 feet -- JOHN: Yes. DAPAAH: -- that -- JOHN: Yes. This this existing one is within that 250 feet, and whatever they add will have to -- to meet that. DAPAAH: Okay. Thank you. WATTS: Commissioner Kovacevic? KOVACEVIC: So the side of the building is right on the Chase property line? JOHN: Correct. KOVACEVIC: It that -- that's -- JOHN: Correct. KOVACEVIC: And on the other side, there's another lot between the building -- JOHN: Yes. KOVACEVIC: -- and the restaurant? JOHN: Yes. KOVACEVIC: Okay. The height of Park Place is roughly that same 40 -- JOHN: Yes, sir. It's-- it’s at 45, 48 feet in height, yes. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 11 of 42 KOVACEVIC: Okay. What are the -- what's the size of the units again? JOHN: These range -- correct me if I'm wrong -- 1,300 to 1,600 square feet? UNIDENTIFIED SPEAKER: Yes. JOHN: 13 to 1600 square feet. KOVACEVIC: Okay. So, by right if a developer could come in and build first-floor retail, eight units per acre residential on the upper floor, and those residences would have the right -- by right to park in plat 208? JOHN: That's correct. KOVACEVIC: We had some discussion in -- I don't know if was the last meeting or the meeting before last -- about residential requiring covered parking. But that doesn't apply here? JOHN: Vice Chair, Commissioner, that is correct. Technically, it doesn't apply because the parking is already there and provided, and it's provided on somebody else's property. So, forcing that code issue, basically this is grandfathered in. They have, however, in this case agreed to and are doing it as an amenity for the residents providing ten garages so the residents can have covered parking. So, they're largely meeting that ordinance requirement. KOVACEVIC: Yeah. There's no side, I mean, there's -- there's no side yard to side load garages to get more. They're -- they're -- they're using all the available land. JOHN: That's correct. And if you don't mind, I'm going to jump in while you're putting that thought together. Just one thing to point out, I think I mentioned in the report, but as mentioned just a moment ago, this side of the building is on the property line. So, one thing you'll see different in the final design is that eave's going to have to go away because it can't cross the property line. KOVACEVIC: Yeah. They just -- plant a -- a seed to maybe enlarge the units, so that everybody gets a garage? I mean, I just, I don't know how you -- how -- would there be demand for a condo where they've got a park in the open parking lot? That's, I mean -- I -- that's -- would concern me as a developer. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 12 of 42 JOHN: So, Chair, Commissioner, those -- that's probably a good question to ask the applicant. I've had a little bit of that discussion with them. They've got their reasons that you may want to hear. KOVACEVIC: Yeah. Well, I guess -- they'll get the chance? Okay. That's all. WATTS: So, John, just a couple, most of them have been answered. But the SUP itself stays with the property, so as long as the condos are owned by a singular entity, we don't have an issue. But if they were individually titled, do we have an issue then and -- and continuing that, would we have an issue with the sale of it from one entity to another? JOHN: Chair -- Vice Chair Watts, might have to think about that just a little bit more, but I've not seen an issue, particularly as a condo. The lot stays one lot. People are buying airspace as a condo, and so the lot has this SUP approved for it at twelve units max on the lot. And that's not -- that wouldn't change just because you've now done a condominium on the individual unit. WATTS: I'm just looking at if there was a sale. JOHN: Right. WATTS: A sale of the lot, of the operation overall, or if it was converted because a lot of apartments, condos are ultimately sold to individuals. JOHN: Um-hum. WATTS: How does how does the SUP affect that and protect it to protect the property, protect the owners? Do we have -- JOHN: It would still run with the land -- WATTS: Okay. JOHN: -- as a whole. So it would take all the subsequent tenant owners to -- to make a change. Or whoever is the ultimate, however, they set up their property owner's association, whoever has responsibility for that, whether it's the tenants as a whole or one property owner, maintains that control. WATTS: I guess I'm just looking for unintended consequences for -- for actions and so on, so. I didn't see a side elevation to show me the garages, how they're attached to the Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 13 of 42 building. I see that elevation, but this when you look at it from the side from the east, west angle, are they attached? JOHN: So, they're totally enclosed in the building. WATTS: Okay. They're in -- JOHN: Yeah. So, I guess maybe using this, this is the -- the side one, there's the wall of the building on the property line. I didn't include the side elevations. There's not much to see. There are blank walls. WATTS: Okay. So we've shortened up the interior space to accommodate for commercial in the front on the street side. And the parking side is then underneath the second floor in -- in total; is that right? JOHN: Right. WATTS: Okay. This one -- it was probably because my jeweler's loupe, I couldn't get down to the detail of my -- just saying, John. And then we do have a caveat in there about 208 and we have that in writing. Does 208 as an entity have the ability to rescind once they have -- or do we have a way, a mechanism to make sure that they can't resend their approvals? JOHN: Chair, Vice chair. I guess the only thing that would really impact could be the driveway access into the garages. If they allowed that, they get built, and they decide they don't want them, and they close them back off for parking. I think that, again, would be something that the property owner, which is going to work out with plat 208, as they would move forward to make sure they have that guaranteed right of access into the future. WATTS: It's much like Park Place, where the refuse become -- has become an issue because of the capacity requirements of the trash enclosures. As I read the documents, the intent is to have each of the owners, or each of the occupants I guess, have a trash receptacle in the garage. And then they'll, at some point, wheel that trash receptacle out to the enclosure that's on that common area for -- once that is enlarged. Is that accurate? JOHN: Chairman, Vice Chair. Again, I think that would be a good question to ask the Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 14 of 42 applicant. My understanding from the discussions is that at one point, they were thinking about individual bins in the garages and to wheel out for trash pickup, not using the larger enclosures. But they have since realized there are a lot of challenges to that, and so they're back to just using the bins and the individuals would take their trash directly to the larger enclosures. But again, probably a good question to ask them for clarification. WATTS: Okay. And with that, I'll turn the reins back over to Chairman. UNIDENTIFIED SPEAKER: I'm good. WATTS: Maybe we should hear from the applicant at this point. Is that what you wanted? Oh, I'm sorry. I didn't see. Mr. -- SVEUM: Have you seen the proposed sides of this building? JOHN: Yes. I'm sorry, maybe I should've included them. Again, they're just blank walls because they can't have any openings because they're on the property line. SVEUM: Okay. So, we're just going to have blank four-story wall or three-story wall. JOHN: There's a hope that someday buildings will be built next to them. SVEUM: And the expectation would be, they would be just adjacent to the -- JOHN: Right. SVEUM: And the wall material? JOHN: It's the same as what's on the along the front. So a combination of the -- SVEUM: I see brick and stucco. JOHN: Yeah. And metal. SVEUM: So, what will the sides be? All brick or all stucco. Or what are they going to look like? JOHN: Unfortunately, Commissioner, it's been so long enough since I've looked at the sides because they weren't that important. I can't remember the -- the architecture-- SVEUM: Maybe he can hire a muralist to come in and paint them. JOHN: All right, good. UNIDENTIFIED SPEAKER: The deal with 208, I don't know that I'm quite following it. Is there an easement that allows the cars to pull through those spaces into the garage, or Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 15 of 42 they have -- do they have total reservation of those spaces or? JOHN: So. SVEUM: if I -- if I had the -- the middle unit on the just -- just west of the entry in the in the rear. JOHN: Um-hum. SVEUM: How would I get to my garage? JOHN: So, this drawing here is -- is a little bit incomplete. When they submit their site plan, they'll have to be more complete than this. But these are actually right now showing the existing parking spaces -- SVEUM: Yeah. JOHN: -- and the existing landscape area. UNIDENTIFIED SPEAKER: Yeah. JOHN: What this will actually be, there’d be some kind of island here and then a driveway that lead all the way into the garages all along, potentially another island to the left here, maybe a couple extra parking spaces, but then driveways. That landscape area will go away, those utility boxes will go away, and they'll be -- be driveways. UNIDENTIFIED SPEAKER: They'll have direct access, so Plan 208 is -- they're giving up those parking stalls. JOHN: Right. SVEUM: So why can't the other projects on the avenue strike the same deal? JOHN: Chair, Commissioner, some have. And the basic rule is that if you take a little parking space, you provide a parking space, and that's essentially what they're doing. SVEUM: Okay. JOHN: They're moving this parking space from here to here. SVEUM: Right. JOHN: Right. SVEUM: Okay. I like the design, but I guess we're going to hear from the applicant as well. JOHN: Yes. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 16 of 42 SEVUM: Okay. WATTS: Anything else, Mr. Gray -- Chairman Gray, you have any questions? GRAY: Erroneous to the zoning case, but it does feel like maybe lessons learned for us going forward that maybe we ought to modify to -- when we have these cases around 08 that we require a letter of no objection or something from 208 to say hey, we're generally on board. with these schemes. I think that would take a lot of the -- WATTS: Before it comes to planning and zoning? GRAY: Yeah. Yeah, I mean, not -- not -- nothing hard and fast, but something to say, hey, we've reviewed it. We're generally going down that path. I -- I think somebody asked as I was walking and I was going to ask, have we drawn a section between Park Place and this for elevation? I think you asked and it's pretty much right on. JOHN: Yes. GRAY: I don't really like the cupola, architecturally. I wish it was all coming up to that height or -- or that went away, but that's erroneous to this so. Just my opinion, but -- JOHN: Okay. GRAY: For now. WATTS: John, can we hear from the applicant at this point? EJIM (ph.): Thank you. My name is Wilson Ejim. We're a design group. The actor for the project. Like John said, some of these issues that you raised up, we have discussed with plot 208. Had a meeting on site with them. And had some agreement that talking with the council to provide some access agreement so that we can use those parking space to get into the garages. And also on the solid waste, we have discussed with them and provided some locations at our cost so we could be the trash collection central waste collection area for the project. So the options is we can expand what is there or build something in a location that they would show to us at our own cost. So that will take care of the waste management issue. And the access agreement, we're working with their counsel to work it out so there's no confusion down the road of anyone blocking you to get into that space. The -- the side walls that you mentioned will be combination of textures, CMU blocks, Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 17 of 42 you know, and some stucco just to create design. So it won't be just a blank wall until somebody builds on that side. We do whatever we can to make it more pretty, so it doesn't look bad. But it will be a (indiscernible) wall in those areas. So, I believe there's any questions? GRAY: Commissioner COREY? COREY: Yeah. Just around that. However, there's only going to be one wall potentially that could have something built against it, because the right wall, there's already a building there, right? That's where Chase is. EJIM: Yes. COREY: So that's the wall I think we're referring to is that we want to make sure it looks aesthetically pleasing, because that's the one that will be exposed permanently. EJIM: Yes. Well, I suppose what we have in mind is to make it where it's not just blank, we could use materials to create some interest. But eventually, when somebody builds there, you know, they would build up to it, you know, up to that wall. So, but whoever the next person would be, now they can attach, they can still use what we have. But oftentimes, they build next to it because it's going to be a part of the wall at that time, you know. So, somebody can build up to that or use what we have and build onto that. But based -- there are structural issues that could be addressed at that time, based on the project. WATTS: Commission Corey, before you go on, I think both walls are exposed. That's a parking lot on East side, and on the West side, there's a vacant lot. GRAY: But you have to assume that Chase -- WATTS: Chase Bank. UNIDENTIFIED SPEAKER: -- be kept up. WATTS: Could be. COREY: Could be. WATTS: That's why I say it's an exposed wall right now. COREY: It is, yes. And if Chase stays there -- UNIDENTIFIED SPEAKER: Just to be clear. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 18 of 42 UNIDENTIFIED SPEAKER: -- it definitely will be like that, yeah. GRAY: Commissioner Dapaah? DAPAAH: Yeah. With no space being around the perimeter of the building, I'm assuming that your building equipment and HVAC is going to all be on the roof? EJIM: Yes. DAPAAH: Similar to what's across the street? EJIM: On the other building that is HVAC well on top, on the rooftop. So all the units are (indiscernible) up there. COREY: Got it. EJIM: So, nothing is on ground. COREY: Okay. So, it's going to be surrounded with a parapet wall? EJIM: Yes. Yes. It's not visible to the street. COREY: Very nice, very nice. So just let me share with you some of the challenges across the street with this trash thing we're talking about, okay? Down at Park Place, whenever there is a missed pick up, let's say a holiday or anything that causes a backup., the tenants there get buried in trash, okay? A lot of trash because they have chutes that goes down to the first floor. And the closets that the chutes are in get overwhelmed with trash. And so please reconsider having the individual tenants have their cans, because I can just imagine, and if you're going to centralize it, okay, pay some attention to the way that you build the -- the pad. Provide drains, provide other things, water supply where the area can be well maintained. Because this was an afterthought at Park Place, and it is a mess there now -- right now. They are having major challenges maintaining those trash compactor areas because on some of this. EJIM: That's good. WATTS: Commissioner Gray, Chairman Gray? GRAY: Mr. Ejim, just curiosity question as I was looking at your -- your floor plate. So you've got effectively a -- a three -- stop or a four-stop elevator going all the way up to the -- the roof lookout. Where is your machine room for that elevator going to be? EJIM: Well, the -- the one we chose the -- the cabinet, the walls -- the dimensions we Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 19 of 42 have has the machine on the side. So, if you notice the door is kind of shifted a little bit because it's all within the -- if you notice the door is not really on the center because the one side of it is where your machinery would be. Then we have access to this closet at the back that will also grant access to that space. GRAY: So -- so this is a -- this is a MRL -- MRL-style elevator or -- EJIM: Yeah, it's built side. DAPAAH: So, it's hydraulic? UNIDENTIFIED SPEAKER: Well. EJIM: Yeah, the -- the -- the one that we're choosing has side equipment. It's not -- COREY: With hydraulic you can place them on the side of the building somewhere, and I think that would work, I mean. GRAY: But you still are going to have a -- you're still going to have an interstitial space above it that's going to force that elevation up higher than it currently is shown. That's my question ultimately, is -- COREY: Not necessarily. You won't have that -- GRAY: The only way you can avoid that is with an MRL controller. And that's extremely expensive. I -- I just -- it's neither here nor there as it relates to zoning. But we've already exceeded the height here, and the coordination of that elevator going to that penthouse is a potential conflict with -- with the -- with the max elevation currently shown. EJIM: Like -- like I mentioned to John earlier, the actual final height may be much less than that because there are various elevator there we have to see, you know, the one that we choose and exactly what the final height will be. But the -- the height is less chances will be much lower than that. But we just put that in that the -- as is put into consideration that there may be some height tissue. But I'm quite sure it'd be much lesser. WATTS: Chairman Gray, why don't we just stipulate that the maximum height would be 47 feet? GRAY: That's fine. And -- and let the applicant figure out how they're going to do that. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 20 of 42 EJIM: That'll be fair. GRAY: As it relates to zoning, it's completely erroneous. WATTS: Right. Okay. Commissioner Kovacevic did you say you have a question? KOVACEVIC: How with 12 units and 10 garages, how do you determine who gets the garages? EJIM: That's -- that's interesting. Well, the truth we would like to have 12 garages, but -- but we couldn't. What happened is, at first, when you -- when you purchase these condos and the last two eventually were going to be one that have the garages. But what has happened, we discussed that with plat 208, you know. There are -- there are fees you pay, which is of $100 a year for overnight parking. So for the two units that don't have the garages, there would be, you know, having a -- a parking doesn't -- parking provided for them. It's just that there's $100 per year to have overnight parking. KOVACEVIC: So -- so they would -- they -- so they miss out on a garage, they still have. to pay a fee to park? EJIM: Well, yeah. Well, the -- the garages, no. You own it with the condo, but -- KOVACEVIC: Right. EJIM: -- ones we don't have garages, the two that have garages based on the plat 208 requirement, you have to pay a fee to allow overnight parking because they don't allow overnight parking. So, we discussed with them and their -- their fees are reasonable. So, the last two unit may have, you know, will have to pay a fee to have overnight parking. KOVACEVIC: Yeah. I'm just wrestling with -- with that. I -- I mean, if there's -- I'm -- I'm struggling with the mismatch between the units and the garages. EJIM: I'm thinking that, you know, when you when you have something like that, somebody may even prefer not to pay the extra for the garage, you know? But the price will reflect some difference for those that have the garages and those that don't have it. And maybe that's some people may say, well, I prefer not having garage to keep my price where I want it to be. So, I think it may end up being a plus for some people based Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 21 of 42 on their financial strength. KOVACEVIC: Okay. WATTS: Commissioner Sveum? SVEUM: I'm still going back to this side wall. I don't -- I'm not sure how accurate these colors are here that are showing in our -- in the presentation. Is it --is that side wall going to be blue or orange or tan or? I can't really tell. I am concerned about what that's going to look like on this Chase Bank side. It's a big mass of nothing. I mean, it's just flat wall. There will be no windows, there will be no other openings, I don't believe -- EJIM: Well, -- SVEUM: -- as far as the Chase Bank side. No openings at all on that wall. EJIM: Well, yeah, well, initial design -- SVEUM: There’re no doors, there's no windows or anything. EJIM: Well, our initial design has windows in it, but discussing with the staff, because you don't know who the next tenant going to be, windows are not allowed on any of those walls. So, we took the windows off. Then, the only option we have is use materials and colors to create interest. And there are materials there a combination of, like I said, we have some stucco, I mean CMU wall that are textured, and we have stucco and colors we can use to create an interest. Unfortunately, I didn't think it was going to be quite an issue, so I didn't include this elevation. I do have them, you know, here but the truth about it is, whatever we do has to do with colors and materials. But it would blend with the overall. Like what you have there gives an idea what our mindset is, but it will blend with that. But we are aware that they may be standing there for a while before someone develops that, and we intend to make it look good. SVEUM: I understand that the materials are going to be similar to the front and the back, but there's -- the front and back are much different than the -- than the sides because they are -- the front back are broken up with windows and garage doors and everything else. EJIM: Yes. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 22 of 42 SVEUM: So I -- and I'm -- John, is this part of your internal review, and how do you make suggestions and I just -- I -- I think it's -- personally, I think it's important to bring these materials to these meetings, frankly, to see what they look like. This is a very -- I mean, it's a very visible side, it's not going to change. It took 50 years to build this building. And it's going to -- it could be there for a long time and I think it's pretty important that -- that that is -- is well thought out and scrutinized. Not overly scrutinized, but okay, what's it going to look like? Tell us what it's going to look like. JOHN: Chair, Commissioner, very good points that you're bringing up and I maybe should have concentrated on a little bit more in the staff report. It's something that is looked at when they take the next step. The site plan, that's where we get into the technical design review requirements, and there are some general provisions in the zoning ordinance about creating interest. But to get some ideas, directions here at the SUP stage would help that so as you consider a motion if you want to include something about, particularly on that side, using the materials and the colors to create interest to that wall that that could be helpful for us to use later. SVEUM: I think it's very -- I think it's very important. It's not going to change for a long time. JOHN: You're probably correct. Well, you're going back to Commissioner COREY's comments a little bit ago today. Today, we do have a parking lot there. It doesn't mean it will be there five years from now or ten years from now, but probably most likely it will be. At some point, we would hope that the interest in Fountain Hills and the property values are such that having a suburban bank at that location doesn't make sense, and somebody wants to take that out and put an urban building there. That may indeed take a while. WATTS: Commissioner Sveum, would you consider if we had a caveat in our motion that would say something that we had the -- the applicant had to use the same combination and the same percentages on the side walls as on the front and back of the building? UNIDENTIFIED SPEAKER: -- zoning case. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 23 of 42 SVEUM: I understand it's a zoning case. I guess I would leave it in -- in John's hands to review. We're -- we're out of the -- we’re going to be out of this, right -- WATTS: Right. SVEUM: -- after tonight? WATTS: We're here for the SUP only. SVEUM: I understand that and maybe I'm putting too much emphasis on this, but. WATTS: We'll lean on John. UNIDENTIFIED SPEAKER: We always do. WATTS: Yeah. UNIDENTIFIED SPEAKER: We're not supposed to, but -- WATTS: We do, we do. Okay. Commissioner Corey, do you have a question? COREY: No. Just to reiterate, I think that we are in a unique situation there because like John said, the bank may or may not be there. If it stays there forever, we're always going to be looking at the side of the building. But it could change, and it could be something that butts up right to the edge of the street, in which case they're going to need a solid wall. So, you put windows in, then people going to be looking at a wall. You don't put windows in, then, you know, you're playing for the future. So, I would agree with everyone here. How did you say it? Materials that create interest, I think, would be in our best interest, and do the best that we can with that. I just had two other comments, too. Someone who has recently lived in a condo or an apartment area, from my experience parking garages, you can pay extra to have the garage. I've lived in places where I didn't have a garage, but I could pay the extra 200 bucks a month or something to have it. So, I kind of look at it as like an add-on. It's an enhancement if you want to add the garage. UNIDENTIFIED SPEAKER: 200 bucks to park? COREY: In a garage. You -- you can pay extra to park in the garage, whatever the cost was. And the same thing with the trash bins. When I first moved here, I lived in Arrowhead Casitas, and I think we had eight units, and it didn't make sense to have the individual bins. So we just had a main receptacle, and everybody walked out and put Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 24 of 42 their trash in, the truck, came and picked it up, and it worked well for us. So I'm just speaking from some experience there. I think that that can work as well. UNIDENTIFIED SPEAKER: If we're going to go down that rabbit hole, Vice Chair, more than colors on those side elevations is -- is playing with relief in the elevation. That's where you're going to get the value in the architecture here. But when you look at his floor plans, well, when you look at his floor plans, relief, and color is all you can do. Because you're going to take away any place to put a bed in the master, the next is the bathroom. There's no -- there's no place to punch openings in. UNIDENTIFIED SPEAKER: Right. UNIDENTIFIED SPEAKER: So, it -- it really is relief and color. UNIDENTIFIED SPEAKER: Material. UNIDENTIFIED SPEAKER: (Indiscernible) WATTS: Commissioners, any other questions, comments? I don't want to discourage the applicant. I think that, hopefully, we've given them food for thought for a few different aspects. UNIDENTIFIED SPEAKER: Yes -- WATTS: So, do I have a motion? UNIDENTIFIED SPEAKER: -- open -- WATTS: Oh, I'm sorry. Open for public comment as well. Sorry. PAULA: No comment cards. WATTS: That answers that. Thank you, Paula. UNIDENTIFIED SPEAKER: You got lucky. WATTS: I did. So, Commissioners, do I have a motion to approve or deny? COREY: Yes, all right. Well, I would like to make a motion to approve special use permit to allow residential use of 12 dwelling units on the property located at 16740 E Avenue of the Fountains. WATTS: Do I have a second? UNIDENTIFIED SPEAKER: With the items stipulated in the report. WATTS: Yes. Thank you. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 25 of 42 SVEUM: So, you're not going to put anything about architectural relief or color or -- or -- or -- or. WATTS: We can do that, okay. UNIDENTIFIED SPEAKER: Well, we have maximum height as well. UNIDENTIFIED SPEAKER: So that's why -- WATTS: Listen to John. He's picking up on these things. And so, we're going to include those items that we suggested that were -- JOHN: I think we talked about max height of the 40 -- WATTS: 47 feet. JOHN: 47 feet. And materials to create interest on the side near right bank. WATTS: Right. JOHN: Okay. Thank you. WATTS: Okay. Now do we have a second? DAPAAH: I will second it. WATTS: Commissioner Dapaah. Paula, can I have a roll call, please? PAULA: Commissioner COREY? COREY: Aye. PAULA: Commissioner Dapaah? DAPAAH: Aye. PAULA: Commissioner Kovacevic? KOVACEVIC: Aye. PAULA: Commissioner Schlossberg? SCHLOSSBERG: Aye. PAULA: Commissioner Sveum? SVEUM: Aye. PAULA: Vice Chair Watts? WATTS: Aye. PAULA: Chairman Gray? GRAY: Aye. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 26 of 42 PAULA: Seven, zero. GRAY: Do you want to keep it? WATTS: No. Go ahead. GRAY: Okay. WATTS: I've had enough fun. GRAY: Really? WATTS: Yeah. GRAY: All right. Moving on to agenda item number six, another public hearing consideration and possible action on special use permit for four multifamily buildings containing three dwelling units each at Fountain Hills Boulevard in El Pueblo. That is a long zoning case. So, I'm going to skip that. And go to Farhad (ph.). FARHAD: Thank you, Mr. Chairman, members of the Commission. This is Mr. Ejim's second special use permit request today. Similar that it involves residential units in a commercial area. Although, we'll take you about a couple miles to the north and a little bit west to the area known as plat 106. The subject parcels are four 1,280 square foot parcels located within plat 106 near the northeast corner of Fountain Hills Boulevard and El Pueblo Boulevard. It is zoned community commercial. It was platted back in 1974 and as you can see here and the slides that -- that follow, there has been very minimal development. Here's a comparison between one of our earlier aerial photos and our -- probably our more recent ones. Probably, there's another update since 2022. But given that there's has been very little vertical development in the past few decades, it pretty accurately represents the slow pace of development that we've seen for plat 106. I should mention here that there are two common parking areas within plat 106, here located at the immediate corner of El Pueblo and Fountain Hills Boulevard and one here a little further east to -- further to the east at Ivory and El Pueblo. And much like plat 2O8, it has been contemplated that these parking spaces or parking lots here will serve the -- will provide parking, even -- even in the ultimate buildout situation for plat 106. And so in this case, what -- what the applicant is requesting, Mr. Ejim, is special use Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 27 of 42 permit to allow four multifamily buildings containing three units on -- on the four adjacent properties that I mentioned. And all together these properties are a little bit -- total to about a little bit less than one eight of an acre, little over 5,000 square feet. To the far left you have a -- kind of a preliminary site plan of where these homes would be -- these multifamily homes would be located. You can see here it's labeled Homes -- Homes of the Aged. Now, this does not mean it is an assisted living facility. In fact, the applicant has explicitly stated, and it has been explicitly stated in the staff report that this is not an assisted living facility that is being proposed here. But what the applicant is, or I should say, the target market, if you pardon the rhyme, is senior citizens. And there are a few services that might come -- might be provided for the residents, such as cleaning services, concierge services for trash pickup, and -- and the like, but there will be no caretakers on the site. This will be independent living. The applicant also provided a rendering on the lower right-hand corner. The maximum height in plat 106, in contrast to plat 108 [sic] , which is 40 feet, in this case, it's 20-- 25 feet. And as I mentioned in each of the buildings -- and I'm going to take an opportunity here to zoom in a little bit -- the applicant -- if I can avoid that. I beg your pardon. This thing's popping up, and it's keeping me from zooming in. But the applicant is -- each of the buildings has 966 square feet of -- of footprint. Two of those dwellings are going to be on the first floor. One of those dwellings on the first floor is going to be slightly larger than half of that footprint. And the second floor would be the largest unit, which is about 966 square feet. So, four buildings all together, you got 12 units total. And, as you can see, there are some preliminary elevations here as well. There is a, you know, situation is similar where wherever you have a building that abuts right up against the property line, you're building code precludes one from providing doors and windows. And so, what you can -- what you see here, similarly as in the previous case, it's a blank facade, but we can also consider some visual interest in this as well. The -- there I was able to zoom in after all. The buildings are at most eight feet apart, Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 28 of 42 the middle two are about eight feet apart. Here L12 and L11, as I mentioned, it's in -- as shown in the elevations abutting right up against the property line. And there's four feet of separation between the middle two and the outermost buildings. So if we take a look at this plan and couple that with the goals and objectives of the general plan, we see that this plat 106 is located within the -- the -- the neighborhood element, which there is mention of the goal to provide broad range of housing types and densities while focusing on the town center and the Shea Corridor. So for some of the more higher density multifamily developments, which we believe is -- is not the case here as far as the intensity of the multifamily is concerned. The -- the character areas mentioned, particularly the neighborhood, also encourages smaller lots with a mix of nonresidential uses. And it also encourages redevelopment and infill in a manner consistent with small town character that supports existing neighborhoods and also fostering long -- long-term viability. So, taking a look at Plat 106, considering that it's been underutilized for the past 50 years, which -- which is actually 1972 was when it was platted. You know, this may be the answer to some of the lack of development -- development going on in this area while also maintaining a low intensity of development within the neighborhood character area. John shared this -- shared these criteria with you before in his presentation. What you'll be considering here in this case as well is, you know, answers to the questions of whether or not this is detrimental, that the special use permit request is detrimental to the public health, safety, peace, comfort, and welfare -- welfare of all persons. And whether or not it's detrimental or injurious to property and improvements in an area =-- in area or general welfare of the town. The applicant has gone through the citizen participation process as required by the -- the zoning ordinance, where he had mailed out notices to neighboring property owners and also scheduled at least two virtual meetings, where there were about a handful, maybe three or four attendees, that provided some feedback. But there was no opposition to the request. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 29 of 42 So, staff recommends approval of the special use permit as requested, as it is consistent with the neighborhood character type. I thought I had one other bullet item here, but it also maintains a low-intensity character -- land use character within plat 106, excuse me, and the surrounding neighborhood. And with that, I'll conclude my presentation and open up to questions. GRAY: Farhad, that's plat 106. FARHAD: Plat 106, yes. GRAY: Normally, the HOA has shown up to the special use permit. Did they weigh in on this one at all? FARHAD: I believe at the citizen participation-- during that process that the applicant initiated there -- there were -- GRAY: There was representation. FARHAD: -- members of -- of -- of that -- GRAY: Okay. FARHAD: -- organization as well, so. GRAY: And then could -- could you go back to the overall -- FARHAD: Site plan? GRAY: The one you were trying to blow up a little earlier. FARHAD: Yeah. Hm-hum. GRAY: There are two things, I suppose, on this. I -- I -- something seems weird to me about this. So, Homes for the Aged on the second story, something's not right there. So I -- I think that's misleading. Is the applicant coming back to make a presentation? Or to answer any questions? UNIDENTIFIED SPEAKER: Has he left? FARHAD: Might be at the lobby -- UNIDENTIFIED SPEAKER: -- he is. WATTS: John's going to go try to retrieve him, but. GRAY: Yeah. So that that seems very odd to me. And then, as you look at the floor plan Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 30 of 42 up there, that's a rack 'em and stack 'em floor plan. This isn't platted condos. This is something else that's -- that's being presented as platted condos. And then I guess the third thing that I -- I just -- I suppose each of these cases is -- is reviewed in isolation from another, but this would be the third, I think, right? The third application for a special use permit in 106. FARHAD: Yes. GRAY: And the other two have yet to come to fruition. FARHAD: Four. COREY: This would be the fourth one in the past year and a half or so. GRAY: And those -- those all still -- those -- is he available? UNIDENTIFIED SPEAKER: (Indiscernible) UNIDENTIFIED SPEAKER: Oh goodness. GRAY: That's interesting as well. UNIDENTIFIED SPEAKER: Maybe he forgets. GRAY: I would forget too, if I had a zoning case up tonight. I was 15 minutes late. Who am I -- now I forgot I was going to say too. Commissioner Kovacevic? KOVACEVIC: Yeah. So this is a plan for 12 units, right? Where -- where -- FARHAD: Four buildings, three units in each. KOVACEVIC: Where are they? FARHAD: Okay. So there are two units on the first floor. This is -- this is the typical first floor plan. One you would enter through the -- the short end of the building, the other the long end of the building. So here's the -- are you able to see the cursor? Yeah. Here's the -- the walls separating the two units. So they're rather small units. I could -- you could say one is about, you know, it's like a two third, one third kind of -- KOVACEVIC: Where -- where on -- where on the site plan? I -- I just -- I don't understand the project. FARHAD: So -- KOVACEVIC: Is it -- so I mean -- FARHAD: Heres El Pueblo -- Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 31 of 42 KOVACEVIC: Yeah. WATTS: El Pueblo's right here, and where this cursor is, is where the existing parking lot -- KOVACEVIC: Right. FARHAD: -- is. Okay. And so there's a vacant land piece -- KOVACEVIC: Right. FARHAD: -- immediately adjacent to El Pueblo. And so there are four lots -- KOVACEVIC: Right. FARHAD: Maybe if I go back -- KOVACEVIC: So there's four -- three units going into each of those four lots? FARHAD: That's correct. KOVACEVIC: So all those other lots with the numbers on them on this site plan, nothing's being built there in this -- for this petition? FARHAD: No. Not in this -- not with this special use permit request. There -- there -- there is some proposed development being -- other proposed developments being shown on this site plan, but that -- this -- those are not a part of the scope of this special use permit request. He will, Mr. Ejim will follow with another special use permit request. KOVACEVIC: Wow. So -- so 12 -- so 12 units are going on that one four lot? FARHAD: Correct. KOVACEVIC: And -- and -- and -- so each lot has a first-floor unit and -- and a second? FARHAD: Two first floor units -- KOVACEVIC: Two first floor units. FARHAD: -- and one second floor unit. KOVACEVIC: And one second floor unit. FARHAD: The second floor unit would be the largest, 966 square feet. KOVACEVIC: And a home for the aged is going to have people walking up steps to go to the -- to live in a second-floor unit. FARHAD: That's the plan being depicted here. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 32 of 42 KOVACEVIC: And -- okay. The overall site plan there's -- it's a brand-new parking lot. I mean, they -- they just -- it looks like they just paved it and striped it to the, that'd be the west. That's -- that is permitted parking for this development? FARHAD: Correct. KOVACEVIC: So there -- there won't -- they -- they could park in that parking lot to the east too, but it'd be a much longer walk, right? UNIDENTIFIED SPEAKER: (Indiscernible) FARHAD: Right. KOVACEVIC: Okay. And the -- but the 12 units themselves provide zero covered parking? FARHAD: That's -- that's correct. There's no covered parking being proposed with this request. KOVACEVIC: Hang on. Well, I've got to find -- I have more questions. All right that's all I got for now. UNIDENTIFIED SPEAKER: -- ask me. FARHAD: It is. UNIDENTIFIED SPEAKER: He was first. GRAY: You can go ahead, Scott. WATTS: I mean, really, my comments and questions are for him, and he's not here. I mean, this whole retirement component is baffling to me, and I've got questions on that. But I mean, this -- it almost feels like this is Daybreak all over again, where they're trying to slip in some type of retirement community. But I don't have him in here to ask, so I'll just leave it on the floor. GRAY: Commissioner, Vice Chair? WATTS: For the sake of simplicity, we've got a studio, a one bedroom and a two- bedroom, 2 bedrooms up on top, studios on the bottom floor -- FARHAD: Correct. WATTS: -- and the location of the personnel door access door on the bottom one looks like it's right on the zero-lot line. So, are we going to have sidewalks somewhere that Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 33 of 42 are -- and then that leads to the question about if you're going to use those two other two areas for parking, are we going to have sidewalks? Are we going to have lighting? What -- what do we have from a safety standpoint for the residents that are going to be there? But that -- that studio can't be 300 square feet. FARHAD: Sure. WATTS: The other one's 600 and the other one's almost just under 1,000, 966. But that personnel door on the -- on the studio, on the bottom floor, I'd really like to know, even on a four-foot walkway, I guess you could make it work between buildings, but not on the end units. FARHAD: Yeah. Those are perfectly valid questions, especially with regards to the sidewalks leading to the side door here. Because I believe -- yeah, it would be -- WATTS: Challenging, let's call it. FARHAD: Yeah. It would be challenging because then you would have to provide a walkway on the neighboring property. So typically, those things are worked out during the site plan stage. WATTS: Well, I think it's unfortunate that the applicant is not here to answer the question. So, I think -- FARHAD: Yeah. WATTS: I think that -- I think we got a lot more questions and we're just not getting there, so. FARHAD: Okay. WATTS: Thank you. FARHAD: Yeah. I think John was suggesting a continuance might be in order here. And it' not likely it would be in December, I believe he had indicated that he won't be here that month, but maybe in January? GRAY : Commissioner Dapaah? DAPAAH : Yeah. At -- at what point does the AHJ (ph.) look at this before -- do they look at this before it comes to us? FARHAD: I'm sorry, could you repeat that question? Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 34 of 42 GRAY: The fire Marshall. DAPAAH: the fire Marshall. FARHAD: Oh, the fire Marshall. DAPAAH: The authority having jurisdiction. FARHAD: The -- the fire Marshall, Mr. Chairman, Commissioner Dapaah, the fire Marshall does review this kind of as more of a cursory review than anything else. If there's anything that stands out, anything egregious that needs to be addressed, the fire Marshall will typically comment on them, but he has not found anything at this stage. DAPAAH: Oh. Four -- four feet seems to me like it might be light safety. I mean, from what I understand, six feet is minimum for even a means of egress, or I mean they -- because it's outdoors, maybe that may not apply. WATTS: And because there's probably a two-hour demising wall between the units. DAPAAH: Okay. FARHAD: Yeah, our chief building official looks at that as well to make sure if there's enough clearance. DAPAAH: Right. FARHAD: And he's been on -- in on some discussions and some meetings with the applicant and again, he -- some challenges were identified, but there was -- wasn't anything that was as a deal breaker. DAPAAH: Yeah. Fine, I haven't noticed a public notice on the site. There's been one? Okay. FARHAD: Yeah, it's the applicant’s responsibility to post -- DAPAAH: -- to post one? FARHAD: -- on the site -- DAPAAH: And he did post it? FARHAD: He actually -- he -- the applicant did come over to pick up some or I should say recycle some of our old signs. It was provided to him and -- DAPAAH: I haven't seen one. I -- I -- I -- I walk that area quite a bit. GRAY: Well, in that neighborhood, in the other cases has been active. So, it's -- it's Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 35 of 42 interesting. DAPAAH: Yeah. And you know that parking lot, you should come around there on Sundays. I'm not sure which church uses that parking lot. UNIDENTIFIED SPEAKER: (Indiscernible). DAPAAH: What now? UNIDENTIFIED SPEAKER: (Indiscernible) DAPAAH: Okay. That place is full on Sundays most of the day. And if that is what these potential tenants or residents are going to use for parking, then there's something that really should be clarified here. Yeah. I feel like -- like we need to get some answers. Yeah. GRAY: Mr. Sveum? No. Commissioner Watts? WATTS: Without the applicant here, I don't see anybody in the audience, so we won't have a call to the public, I'd move to postpone this until we have the applicant and have -- be able to answer questions. GRAY: Well, let's -- let's run the formality. Call to the public? PAULA: No call to the public. WATTS: See told you. GRAY: Well, I mean it was pretty obvious, I get that. Commissioner Kovacevic, do you have anything else? KOVACEVIC: I -- I just the -- we have 12 units here. How -- what is -- is going to market it to senior citizens, but what -- I mean, they're not for sale. They're -- they're deed -- I mean, how is it going to be -- what is going to make it a home of the aged? UNIDENTIFIED SPEAKER: How about ADA? FARHAD: Yeah, I think the applicant would -- GRAY: Patios. No, there's no patios. FARHAD: -- been able to describe that. KOVACEVIC: Yeah. Yeah. And -- FARHAD: We at -- the from the staff level, we're looking at this as multifamily development within a commercial area. Now, are we going to hold the applicant to it Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 36 of 42 being a home for the aged versus, you know, open to all ages? No. But -- KOVACEVIC: So, with a 300-foot unit in there, what's to keep the applicant from making that an office and turning it into a group home? FARHAD: Well, Mr. Chairman, Commissioner Kovacevic, that would require another entitlement process. And let's just say hypothetically that any one of these units were to turn into a group home. Well, neither of the other units would be allowed to be a group home because of the distance requirements. But, going back to what I was saying earlier, that's a -- that's a different entitlement process. And if they were to exceed the eight residents that they were entitled to, which in -- there's no -- absolutely no way that eight residents would fit in anyone of these units, then -- KOVACEVIC: But how would you know? I mean, not that they would put eight in one unit. They put 8 or 15 in the remaining 11 units. How would you know? FARHAD: Well, -- DAPAAH: Commissioner, I think it's sitting between two churches and a daycare right next door. So I don't think they could even pass for a group home, right? Because there's a -- there's an ordinance about distance. COREY: I'm not sure if there is one that applies to group homes. UNIDENTIFIED SPEAKER: It's -- it's vacant. UNIDENTIFIED SPEAKER: -- homes. UNIDENTIFIED SPEAKER: It's vacant in there. UNIDENTIFIED SPEAKER: Yeah. DAPAAH: This is a daycare. UNIDENTIFIED SPEAKER: Yeah. But I mean, there's vacant land here, and there's vacant land here. DAPAAH: And then this is the church. UNIDENTIFIED SPEAKER: Yeah. DAPAAH: And then this is a church, too. GRAY: Commissioner Sveum? SVEUM: Is it common ownership of the lot to the south -- the parcel to the south of this Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 37 of 42 proposed development? FARHAD: Mr. Chairman, Commissioner Sveum, that's -- I think that's -- I’d have to check the assessor's website, but it's an independent title. SVEUM: Right. But it is -- it's not owned by the same people that own -- FARHAD: I am -- I -- I don't know for sure. I don't believe it is, but -- SVEUM: I think in in a case like this, where it's so tight and narrow, they should be strongly encouraged to contact the owner of the other parcel and do a master plan of these two small lots to do it right. Because I -- I -- I also believe there's -- there's -- there's fire issues. That -- that 300 square foot unit in the backside, if there's another building built to the south, the access to that from an emergency standpoint is going to be little or none, right? I mean, it's going to be so tight in there. I think it's -- I think this is a poor plan. I --I don't know that there's the applicant could tell me anything to rule out change my mind on it right now. Because it -- it would be just aesthetic questions we'd be asking about the steps and everything else. I think it's just poor planning. GRAY: Yeah. I generally concur with the commissioner. Just one more thought, Farhad, then we'll close this out. The -- the four that we've reviewed over the last call it two years within 106 here, I -- I understand that's just a -- a low budget render of -- of what it is. But when you look at that in contrast to the others that we have highly scrutinized, there's a big gap in level of finish between that and -- and what's, you know, what's been proposed by -- I can't remember the names of the developers -- the other folks who have -- have been up here. And I think that we've talked about master plan for that -- that plat for, I don't know, every single one of those cases that comes up. But that it's desperately in need of a master plan, but we can't influence that. But I think we can encourage some level of alignment in the build and they're -- they're miles apart here. So I think that's the last of things after you get over all these other hurdles. But I -- I think that that's in the mix too, and I think even with an applicant presentation today, I would be hard pressed to vote to approve something like this. So, let's go ahead and put a motion on the table to continue. We'll put it out to the max, to the 60 days that we can and wait for the applicant's feedback. Or unless I didn't Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 38 of 42 hear you right, I thought you said December he's unavailable. FARHAD: Yeah, he's indicated he's unavailable in December, so. And I had expected to come before you again on a -- another SUP request from Mr. Ejim. So in the same plat 106. So -- so we could present them together at once. GRAY: All of it. No? CORY: He only owns those four. GRAY: Okay. Motion to continue to the January session? UNIDENTIFIED SPEAKER: Well, we can't. We can only go 60 days. GRAY: Or should we just say not to exceed 60 days? JOHN: Oh, sure. Mr. Chairman, I believe you're -- you're considering a provision that's in the rezoning section of the code, but it's not in the special use permit section about the 60 days. So, you don't have that limitation here. GRAY: Okay. JOHN: And so, I think what -- what Mr. Kovacevic is going to say in just a second is, just continuing it but not to a date certain. Because either way, we have to re-advertise it. GRAY: Okay. JOHN: And if he's not available in January, we've already locked in January, then we're kind of stuck, so. GRAY: Good. Motion on the table to continue, looking for a second. WATTS: Second. GRAY: All in favor? ALL: Aye. PAULA: -- name of the second, I didn't hear the second. GRAY: Watts. PAULA: Watts. UNIDENTIFIED SPEAKER: He's very quick, Paula. GRAY: All right. Agenda item 7. Commission discussion, request for research to staff commissioners. Anything for Farhad or John? You would. COREY: One question. So now that we are -- we approve special use permit for this Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 39 of 42 second to last parcel on Avenue of the Fountains, there's one left, right? It's the one adjacent to what we just approved. So, my question is who -- my question is, I guess, what jurisdiction do we have to say that something needs to be developed there within a certain amount of time, or can that just be left open and empty indefinitely? Because it would seem like if that's a common area, we should be able to have some influence on putting a timeline on that, right. Go ahead. GRAY: Nice try. JOHN: Chairman Gray and Commissioner Corey, yes, I understand what you're saying. That would be very nice to be able to influence that and get it built sooner rather than later and then fill in that last piece as well as, you know, that's the only one facing the avenue. There are a couple of other vacant ones as you go around some of those little pocket park areas that that need to be done also. And we'd like to see all of them done. I think some of the things that maybe I'm going to jump ahead just a little bit here in terms of our efforts to implement ideas that were in the revised updated downtown strategy plan. One of those is to amend the zoning ordinance to help encourage some of the development in the area and also to look at how vacant properties may be utilized to some degree while they're waiting for more formal development to occur. And so we have drafted the first draft of -- of that ordinance that we think can address those items. It's actually going to be on your agenda in December as an informal discussion item, not as a public hearing yet. But we're trying to get some discussion going to see if what's being proposed we think will work and address that a little bit. But ultimately, it's the property owners who's going to decide. And so, unless you want to buy the property and go ahead and develop it, we're waiting for the owner to do that. GRAY: Okay. Thank you, John. Look forward to that in December. UNIDENTIFIED SPEAKER: He said he was interested, John. UNIDENTIFIED SPEAKER: I can tell. UNIDENTIFIED SPEAKER: Out of my price range. Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 40 of 42 GRAY: Commissioner Dapaah? DAPAAH: John, is that -- this may be just a fantasy, but is there -- is there something in the works to connect, is it Via Linda, into -- into Fountain House? No? JOHN: Commissioner Gray, Commissioner Dapaah. Not -- not that I'm aware of in terms of any street connections. Commissioner Dapaah, I don't know if you can remember from your -- some of your sketches with public works, there have been some discussions over there generally with some sidewalk, bicycle kind of connections. I'm not sure if that's maybe where that's at or what you might have heard, but -- DAPAAH: So because -- I bring this up because I think what about a month, six -- six weeks ago, there was a minor accident on Osay (ph.). The only other route was -- I'm not -- was an hour detour back into town. And I was wondering if the town has ever given it some thought. It seems all that construction going on at Dell Canyon (ph.) that that connection could be achievable. UNIDENTIFIED SPEAKER: It was shut down years ago. DAPAAH: Oh really? UNIDENTIFIED SPEAKER: Yeah. Over and over again. DAPAAH: Really? Okay. UNIDENTIFIED SPEAKER: And it is open for fire, for emergency vehicles. UNIDENTIFIED SPEAKER: -- questionable. UNIDENTIFIED SPEAKER: Yeah. You could ride your bike against traffic. DAPAAH: Haul my -- haul mine back in the truck. UNIDENTIFIED SPEAKER: You can get there -- DAPAAH: Okay . Anyway, I thought I'd ask, and we'll leave that alone. GRAY: John, should we call that a rollup of 7, 8 and 9? JOHN: Yes, sir. Just a little bit more with regard to that in terms of wouldn't want you to get through the holidays without seeing us again. So, we do have plans for a December meeting, and that would be December the 9th. We anticipate tomorrow evening, when the town council considers the rezoning request that you considered last month up on North Fountain Hill Boulevard, that they will give us a direction to do the Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 41 of 42 text amendment with regard to golf carts in the C1 district. We've already been working on that. We've already advertised it for the December meeting. So if they don't, then that comes off, but otherwise, we're prepared to have that on your December meeting. We have a special use permit and, again, what I just mentioned a minute ago, a preview of upcoming text amendment with regard to the downtown overlay. GRAY: Very good. Anything else? Commissioner Watts? WATTS: So, John, this is more of a personal question, assuming that the election is solidified, am I still able to be on council until the day -- UNIDENTIFIED SPEAKER: ----- sorry. WATTS: Commission -- until the day of swearing-in, which is going to be sometime in December. GRAY: December 3rd. WATTS: Okay. So -- GRAY: It'd be before the next -- WATTS: Should I say my goodbyes tonight? And that's -- JOHN: If you think it's going to hold out, yes, because you would not be here on the December meeting. WATTS: I'm going to -- I’m going to put my money on yes, it is. So, I just want to express my appreciation to all of the commissioners about how I've enjoyed being on this council, commission, sorry. And I've enjoyed each one of you. We've been very productive. We've come to good solutions, and I thank you for the opportunity so, thanks. No tears. I mean, come on, somebody. UNIDENTIFIED SPEAKER: Well, we weren't ready. We thought we had another month. UNIDENTIFIED SPEAKER: Nope. This could be it. JOHN: Yeah. And it's been a pleasure working with you. And I wish you the best of luck on the council. Thank you for serving. GRAY: We'll send you some quality material. [LAUGHTER] WATTS: Sounds good. You want me to make a motion to adjourn? Town of Fountain Hills NOVEMBER 18, 2024 PLANNING AND ZONING COMMISSION MEETING Page 42 of 42 GRAY: Yeah, you might as well. WATTS: Okay. I move to adjourn. Planning and Zoning Commission December 9, 2024 1 of 3 TOWN OF FOUNTAIN HILLS SUMMARY MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION DECEMBER 9, 2024 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Chairperson Gray called the Regular Meeting of the Fountain Hills Planning and Zoning Commission held on December 9, 2024, to order at 6:00 p.m. and led the Commission and audience in the Pledge of Allegiance and Moment of Silence. 2. ROLL CALL Commissioners Present: Chairperson Peter Gray; Vice Chairperson Rick Watts; Commissioner Clayton Corey (telephonically); Commissioner Patrick Dapaah (telephonically); Commissioner Dan Kovacevic and Commissioner Phil Sveum Commissioners Absent: Commissioner Scott Schlossberg Staff Present: Development Services Director John Wesley, Senior Planner Farhad Tavassoli, and Executive Assistant Paula Woodward. 3. CALL TO THE PUBLIC None 4. HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow T-Mobile to modify an existing wireless communication facility at 16239 E. Ironwood Drive (First Assembly of God Church, aka Generation Church). The following residents addressed the Commission: Robert Brom Michael Brahy Virginia O’Brien (Ms. O'Brien submitted a petition against the project with 75 signatures) Liz Gildersleeve Jennifer Skouson Larry Meyers Crystal Cavanaugh April McCormick Lori Troller Alan Proctor The following residents provided written comments against the project: Shelby L Blecker Eric Landau Jennifer Brown Cynthia Couture The following residents provided written comments in favor of (for) the project: Crystal Rose Harris Planning and Zoning Commission December 9, 2024 2 of 3 MOVED BY Commissioner Kovacevic to recommend the Town Council deny a request for a Special Use Permit to allow T-Mobile to modify an existing wireless communication facility at 16239 E. Ironwood Drive (First Assembly of God Church, aka Generation Church). SECONDED BY Vice Chair Watts. Vote: 6/0 Unanimously Commissioner Corey Aye Commissioner Dapaah Aye Commissioner Kovacevic Aye Commissioner Sveum Aye Vice Chair Watts Aye Chair Gray Aye 5. HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Amending Chapter 12 (Commercial Zoning Districts) of the Zoning Ordinance by adding provisions to allow outdoor display of non-gasoline powered vehicles of no more than one ton in the C-1(Neighborhood Commercial and Professional) zoning district with an approved special use permit. MOVED BY Vice Chair Watts to recommend the Town Council approve Chapter 12 (Commercial Zoning Districts) of the Zoning Ordinance, and by adding provisions to allow outdoor display of non-gasoline powered vehicles of no more than one ton in the C-1(Neighborhood Commercial and Professional) zoning district with an approved special use permit and the addition of the Commission’s stipulations as part of the approval. SECONDED BY Commissioner Sveum Vote: 6/0 Unanimously Commissioner Corey Aye Commissioner Dapaah Aye Commissioner Kovacevic Aye Commissioner Sveum Aye Vice Chair Watts Aye Chair Gray Aye 6. DISCUSS AND PROVIDE COMMENTS ON: First draft of a proposed new Downtown Overlay District. Agenda item #6 continued to the next scheduled meeting, January 13, 2025. 7. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. 8. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 9. REPORT from Development Services Director. 10. ADJOURNMENT Chairperson Gray adjourned the Regular meeting of the Fountain Hills Planning and Zoning Commission held on December 9, 2024, at 7:54 p.m. PLANNING AND ZONING COMMISSION Chairperson Peter Gray Planning and Zoning Commission December 9, 2024 3 of 3 ATTESTED AND PREPARED Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Planning and Zoning Commission, Fountain Hills in the Town Hall Council Chambers on December 9, 2024. I further certify that the meeting was duly called and that a quorum was present. DATED this day of December 9, 2024 Paula Woodward, Executive Assistant TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 1 of 47 Post-Production File Town of Fountain Hills Planning and Zoning Commission Meeting Minutes December 9, 2024 Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 2 of 47 GRAY: Commissioner Corey, Commissioner Dapaah, either of you on the line? COREY: Yes, I am. This is Clayton. Thank you. DAPAAH: Chairman Gray. I'm here. GRAY: Very good. All right. Just about 30 more seconds, and we'll get rolling here, guys. All right. Good evening. This is the December 9th, 2024 edition of the Fountain Hills Planning and Zoning Commission. We've got 10 agenda items tonight, but we will start with a call of order, Pledge of Allegiance, and a quick moment of silence, please. ALL: I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. GRAY: Thank you. Paula, a quick roll call, please. WOODWARD: Commissioner Corey? COREY: Here. WOODWARD: Commissioner Dapaah? DAPAAH: Here. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Here. WOODWARD: Commissioner Sveum? SVEUM: Here. WOODWARD: Vice Chair Watts? WATTS: Here. WOODWARD: Chair Gray? GRAY: Here. GRAY: Thank you, Paula. Agenda Item 3, call to the public. Paula, any open speaker cards? WOODWARD: One speaker card. Robert Rahm, to the podium, please. RAHM: Well, thank you. That was quick service. I just got here, and I want to congratulate Rick Watts on getting elected to the Town Council. We're looking forward to you being there. I'm here to speak against the granting of the Special Use Permit for TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 3 of 47 the telephone company to erect a ugly system in our neighborhood. The document, the thing that is to be erected is an ugly piece of industrial equipment that will be an eyesore in our neighborhood and is not appropriate for any residential facility or neighborhood in this town that prides itself in great vistas and great views. This thing would be an eyesore. If you look at where it's to be situated, the closest nearest palm tree to it that it's supposed to blend in with is 150 yards away. 150 yards away, and there's barely any there, and so it's going to tower above everything in the neighborhood, and it is totally unacceptable, and we wish you would just turn them away, have them find another location, or turn up the wattage or whatever they need to do in order to broadcast from that spot, but we urge you to reject it. Thank you. GRAY: Thank you, Mr. Rahm. With your permission, sir, we'd like to take your text and then move it under Agenda Item 4, which is the public hearing for that antenna specifically. RAHM: Thank you. I didn't understand that. GRAY: No problem. Appreciate that. RAHM: Thank you. GRAY: So Paula, we'll go ahead and move that around on the back end here. Any other speaker cards? WOODWARD: No, Chair. GRAY: Thank you. All right, moving quickly to Agenda Item 4. This is a public hearing for consideration of possible action on a Special Use Permit to allow T-Mobile to modify an existing wireless communication facility located at 16239 East Ironwood Drive, which is the First Assembly of God Church or commonly known as Generation Church today. Mr. Tavassoli. TAVASSOLI: Yes. Thank you, Mr. Chairman, members of the Commission. Thank you, Mr. Chairman, for reading that off. As you mentioned, this is a Special Use Permit request from T-Mobile that I'll be presenting before you at the Generation Church site. So the property, just for everyone's edification, is at the southwest corner of TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 4 of 47 Fountain Hills Boulevard and Ironwood Drive. It is the current site of the Generation Church. Previously, it was the site for the Assemblies of God Church. The property is a total of a little over three acres. Now, the church site itself is a little over one and a third acres, and there is an existing flagpole there, and I'll show you some elevations later, but it's a little over 53 feet in height, directly adjacent to the east side of the church building, as well as an equipment shelter shielded behind a screen wall, actually shielding the ground equipment that's currently there right now. So T-Mobile is, with a Special Use Permit, is requesting removal of the existing 53-foot flagpole that also doubles up as a wireless communication facility, and to replace it at that base where the current flagpole exists with a 65-foot monopalm, as well as replacement of the ground equipment behind the screen wall. This placement, the applicant contends, will require a temporary Cell on Wheels, or C. O. W., during construction to continue providing service while the proposed monopalm is being erected. So again, going back to that map, the proposed monopalm will be at the same location where the flagpole is currently located, and new ground equipment will replace what's currently behind the screen wall, which is facing the parking lot and Fountain Hills Boulevard. This is the elevation of the current flagpole on the left. It's about 53 feet from the base to the top, not including the flagpole topper, which probably adds at least another foot. And what the applicant is proposing is a 65-foot monopalm, as shown here on the right. The 65 feet is measured from the base to the topmost palm frond, and the antennas will be placed at the 59-foot level of the monopalm. This is a plan view of the proposed new monopalm. As I mentioned, this is the compound that's directly east of the church site. This here line roughly indicates the church, the east end of the church building, but the monopalm, again, will be placed or installed exactly where the flagpole is currently erected, and the existing equipment will be replaced by some new modified equipment behind the screen wall. One thing I should mention before moving forward, because I know that this has been a question in a lot of people's minds, you know, for whatever it may be worth, the question being are the antennas providing, the proposed antennas providing 5G TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 5 of 47 service? And the answer to that, I just got confirmation a little while ago, is yes. Applicant has also included some photo simulations. What you see in the foreground is the northwest corner of Ironwood and Fountain Hills Boulevard looking south, so you can see the flagpole existing as it is today on the left, with the new flagpole on the right -- or the, excuse me -- the proposed monopalm on the right. Incidentally, I think with this photo, it should be worth mentioning, and one of the members of the public brought this up earlier during the call to the public, there used to be a lot more landscaping than what you currently see out there today. I think I made reference in the staff report that the site is fully landscaped. That was based on the Google Street View, the most recent one. There were some palm trees where the current sign is located, just barely cut off here to the left. There were about at least three palm trees, and there were a few mesquite trees adjacent to the church building. Currently, what exists there today, as far as vegetation is concerned, are the barrel cacti that you see on the foreground, right along Ironwood, and further in the back towards the parking lot, one Palo Verde tree, but all the other vegetation, as far as I could tell, has been removed. Another photo simulation, looking obviously east towards the Four Peaks. And so the factors, I'll get into the factors for granting an S.U.P. Well, they begin with section 2.02 that discuss the criteria used for granting S.U.P. in general. Some of the things that the Commission would need to determine is whether or not the proposed use is detrimental to the public health, safety, peace, and comfort or welfare of persons, and whether or not it's detrimental or injurious to property and improvements in the area or general welfare of the town. There is a federal preemption that I should note that local ordinances may not impose more stringent environmental impacts, or environmental effects, with limits on radiofrequency emissions, as those are currently set by the F. C. C. There are additional factors for granting an S.U.P., in this case for towers, and they are listed here, and I've gone over them in some detail in the staff report, but the first three, I've colored the text in red because, per the details of the proposal, it is these three factors, as detailed in the proposal, that trigger the need for a TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 6 of 47 Special Use Permit. One is the height of the proposed tower. Now, the existing site is zoned residential, even though there's a church on the property which is allowed in any zoning district per federal laws as dictated by R. L. U. I. P. A. The underlying zoning is still residential, and the height limit for residential, in this case R1-35, is 30 feet. Applicant is proposing a 65-foot increase -- I beg your pardon, a 65-foot monopalm, which is 35 feet more than what would normally be allowed in a R1- 35. Also, the proximity of the antenna to residential structures and residentially-zoned boundaries. This takes into consideration the fact that, well, the site itself is zoned residential, let alone the neighboring properties adjacent to the property. Now, this also takes into account the fall zone. If the 65-foot monopalm were to fall, would it be entirely contained within the subject property? The answer is yes. However, in order to avoid the Special Use Permit requirement, the distance of the fall zone to the nearest property line, it would need to be 300 percent that of the height, and it doesn't meet that requirement, so there's another trigger for the need for a Special Use Permit, and also the nature of the uses on the adjacent and nearby properties. Again, the property itself is residential. That alone is a trigger for the need for the Special Use Permit, as is the fact that there's residential zone or residential uses, to be more specific, surrounding the property. Other factors to take into consideration is the surrounding topography and whether or not there are any impacts to the topography with this request. Surrounding tree coverage and foliage, I touched upon that a little bit. One thing the Commission might consider is perhaps including, if the Commission was inclined to approve it, perhaps adding some, what has been referred to as palm tree friends, to kind of reinforce the stealth appearance of the proposed monopalm. Also, the design of the antenna, whether or not it fits in within the context of the neighborhood. Proposed ingress and egress. There's a driveway off of Ironwood which provides adequate access for regular maintenance for the proposed facility, as well as whether or not there were other suitable existing towers, other structures, or alternative technologies that the applicant considered, and I think the applicant could speak pretty thoroughly on TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 7 of 47 that point whenever he's asked to come up to speak about this request. So a staff's recommendation is to, we're recommending approval of the monopalm to improve service coverage and to allow temporary placement of the Cell on Wheels, but also staff is encouraging the Commission to continue discussion on how to mitigate the visual impacts based on not only the site plan that I presented but also the photo simulations. And with that, I'll conclude my presentation and open it up to questions or discussion. Thank you. GRAY: Farhad, is there an applicant presentation as well? TAVASSOLI: Mr. Chairman, the applicant has informed me a few hours ago that he has no presentation, but he is prepared to speak. GRAY: Okay. In response to inquiries or with a prepared statement of sorts? TAVASSOLI: You know what, I'm not quite sure, but I think -- GRAY: I'm not sure who the applicant is, so I don't know where to point. TAVASSOLI: Oh yeah. He's Michael Campbell, who's a site acquisition manager for T- Mobile. GRAY: Michael, did you want to add anything to Farhad's presentation before we start discussion? CAMPBELL: Good evening. I'm Mike Campbell. I'm a consultant for Crown Castle, who's actually the landlord for T-Mobile, and -- UNIDENTIFIED SPEAKER: I can hardly hear. CAMPBELL: Okay. Is that better? UNIDENTIFIED SPEAKER: Yes. Thank you. CAMPBELL: Okay. Okay. I'll start again. I'm Mike Campbell. I'm a consultant for Crown Castle. Crown Castle is the landlord for T-Mobile. Crown Castle has a lease agreement with the Generation Church for the property. My presentation really is to reinforce some of the statements that Farhad made, and maybe clarify a few things. I don't have a PowerPoint presentation, so if you'd like me to go into that, I can, or if you'd like me to wait until after your questions and comments, I can -- whatever's your pleasure. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 8 of 47 GRAY: If there's any added value that you see upfront, we'd like to hear it now, and then, of course, we'll give you a chance to talk after we have the public hearing. CAMPBELL: Let me get my water real quick. GRAY: Sure. CAMPBELL: Okay. All right. Okay. Good evening. I want to thank staff for their assistance in the case. We've been working on this for quite a while. And as staff stated, Crown Castle is proposing to modify the existing site. The need for that is driven by T-Mobile. T-Mobile has minimal capacity in the current flagpole. Flagpoles were a great design 10 years ago, but as the technologies have evolved, the whole demand by the consumer of what can be provided has all kind of rolled out to, we need these different types of antennas, we need more space for the antennas. Obviously, they can't put the Ankers 3 antennas inside the flagpole, and it's very limiting of that they can't put up other antennas, which, yes, this one will convert to a 5G. As an Arris specialist that I work with stated that currently, there are three types of 5G deployments. 5G on existing bands in use, like this site is currently in use. These carriers have been using these frequency bands already in 4G services. 5G technology is being overlaid in place of 4G, much like when 4 came on on top of 3, which came on on top of 2. The ones that are of concern are the ones that are in the small cells, which was in your right of ways. Those are small cells. This is not a small cell that operates at a different frequency. monopalm, as we know, is going in the same location. It's kind of a unique situation where we can use the same foundation. I've been doing this for a number of years and never had that happen before. There'll be some structural enhancements to that, but the placement remains the same, so our setbacks remain the same. We're back off the streets. We're as far away from the residential area as it's been. The site was originally approved in, I believe it was 1999 or 2000, so it's been providing coverage for this community since then, and there's been modifications to the equipment, to the antennas over time. This is the greatest of the group, where the exterior physicality, the physical view of it has changed considerably. As noted, it's going to be 65 feet tall to the top of the fronds. The top of the antennas go to 60 TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 9 of 47 feet, and then there's five foot of fronds on top of that. Look to my notes. There was a question that surfaced today about locations, and I know Farhad mentioned it. This location was apparently chosen back in 1999 because of the elevation. It is the highest point in that search area. Figure out about a half mile each way from there. There's nothing really higher, and if there is, it's a residential house, so the carriers and the tower companies tend to lean towards the church properties because they are in areas of fairly dense communities, and this helps us and helps them by providing in there. Public notices were sent out by staff. The property was signposted by a company I hire, and I know there's been a mixed return on the comments today. I've seen some, but also, going forward, Crown Castle's asking for your recommendation of approval to Council for this S.U.P. request, and I can answer any questions that you may have as we go on, so -- GRAY: Mike, I have a couple right out of the gate. CAMPBELL: Yes, sir. GRAY: And I'm sure more as time goes on here, but I know in the staff report, it mentioned there were no other towers available to co-locate T-Mobile antennas on. Is that, I know in our -- it's confusing to me because we updated the ordinance in the process of this application, right? So is that something that we need to validate, or do we take that at face value? TAVASSOLI: Mr. Chairman, members of the Commission, the applicant provides some, I believe, some radio frequency coverage plans of some sort that would demonstrate what the coverage area would be before and after the replacement, but beyond that, I think, you know, pretty much that is the extent of the documentation that would -- GRAY: Because our current ordinance that went into place after this application occurred would require us to prove up that there weren't other sites that antennas could be hung from, and my other question is obviously 65 foot's going to be a sticking point tonight, among several other things, I'm sure. What happens incrementally for every 5 or 10 feet that that height is reduced? You know, and assume TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 10 of 47 that we get all the way down to 30 as kind of our baseline of underlying zoning. CAMPBELL: Sure. Mr. Chair, members of the Commission, the difference with a 5 or 8- foot coverage in this area, because it is a higher point, would be minimal as far as RF coverage, and I'm not an RF engineer, but in my 30 years of doing this, I know that 5 to 10 feet does not make or break unless we're in a serious terrain issue. In this case, being the higher point, it's not a bad deal. The current R. A. D. center, where the center point of where the antennas are now, are there at 48 feet, and those were 6-foot antennas that were mounted on there. They're proposing, it looks like the same. These may be 8-foot antennas, so the difference, what currently is up there now in the flagpole is 48-foot midpoint on the antennas, and they want to go to 56 foot, and then you've got 4 feet of antenna above that, and top of the steel, top of the antennas is a common phraseology in us, and then the fronds extend above that. So if this was to drop back down to, say, 50-foot R. A. D. center, you would have 54 top of antennas, and then the palm fronds above that for an additional 5 feet for the disguising. GRAY: Commissioner Kovacevic. KOVACEVIC: Yeah. In the old ordinance, on 1-7-0-6-B-1-F, the ordinance calls for a notarized statement by the applicant as to whether or not construction of a tower will accommodate colocation. Will this tower accommodate colocation? Did we get that statement? TAVASSOLI: No, Mr. Chairman. This application will not accommodate colocation, because, after all, it is an attempt to make it a stealth wireless communication facility, so any colocation of antennas would certainly affect that stealth appearance, certainly below the palm fronds. KOVACEVIC: Okay. How many -- while you're here, Farhad, how many homeowners were within 300 feet of the site that had to be notified? TAVASSOLI: Mr. Chairman, Commissioner Kovacevic, if I remember correctly, the mailing labels that were provided by the applicant took up a full page, which I believe it's about 30. Yeah. KOVACEVIC: Okay. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 11 of 47 TAVASSOLI: And you kind of touched upon this, Commissioner Kovacevic, if I don't mind, and I'm not sure if I mentioned this during my presentation, certainly it's in the staff report, but because the applicant had provided the application in September, which was prior to the approval of the current wireless communication facility ordinance, we were using the criteria from, as you alluded to, the previous ordinance. Although, I don't think the criteria or the factors that I went over were affected significantly by the new ordinance. KOVACEVIC: Did we get the statement on colocation or the notarized thing? TAVASSOLI: You know what, I don't have the answer to that offhand, but I can probably even double-check that on my phone. KOVACEVIC: Let's see, we covered the history of the tower a little bit, so what's the gain of function between a full array of antennas and the double-stack canisters? I mean, is that what allows you to go to 5G? Does it go from wireless cell phones to broadband internet? CAMPBELL: Commissioner Kovacevic, Chairman Gray. The ability to put more antennas in gives it a broader scope of coverage, and the ability of your cell phone, yes, your cell phone, the data. Data currently occupies -- the last time I spoke with my R. F. specialist -- occupies 65 percent of a network, so if you have a site out there that's operating like this one, 65 percent of the draw on that is not for your phone. It's for sitting there, maybe watching this presentation or watching a movie or working on it. The data is the biggest draw, and the additional antennas provide greater scope. Capacity is a better word. Greater capacity to handle the demand by the public. KOVACEVIC: In the course of talking to some people from T-Mobile, I was under the understanding that there were different towers for wireless cell phone service than there were for broadband internet. Is that the case? CAMPBELL: I don't have an answer on that one. KOVACEVIC: Okay. All right. I think that's all I have now. GRAY: Commissioner Watts. WATTS: Thanks a lot. Farhad, I think this is for you first. The original S.U.P. was issued TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 12 of 47 in 1999; is that correct? TAVASSOLI: That's correct. WATTS: Has there been any change of ownership in that property since 1995, 1999? TAVASSOLI: Mr. Chairman, Commissioner Watts, as far as the change in ownership of the church, it was previously owned by the Assemblies of God Church. I'm not sure if this current church, Generation Church, is nondenominational or if it's somehow affiliated with the Assemblies of God, but I believe there's new leadership under the church. But to answer your question, I'm not sure of who the previous owner was according to our documentation. WATTS: Well, we've historically talked about S.U.P.s following or staying with the property and the ownership of that property, so my question really relates to, is that lease that's in place now subject to the same, the original S.U.P., or is it actually operating outside of an S.U.P. because there isn't an S.U.P. that actually exists today? TAVASSOLI: Yeah. Mr. Chairman, if I understand your question, the S.U.P. runs with the land. GRAY: This is a new application for a new S.U.P. WATTS: I know. This is setting the stage for the next question, so to speak, so I want to know if we're legitimate today or not. TAVASSOLI: Yes. Yes. The S.U.P. runs with the land unless there was a condition made to renew within a certain period of time, but -- WATTS: Runs with the land or runs with the ownership of the land? Because previously we've talked about the ownership of the land. If it changes hands, the S.U.P. becomes null and void. TAVASSOLI: Yeah. It runs with the land. WATTS: Okay. GRAY: Where it becomes, just for clarification, where it becomes null and void is if the improvement is never made prior to the transaction, right? TAVASSOLI: Correct. GRAY: Then there's a sunset at the time of transaction. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 13 of 47 TAVASSOLI: Right. WATTS: Okay. And just for clarification, is this actually a broadband application or is it a cellular application? CAMPBELL: Commissioner Watts, Chairman Gray, it is a wireless application which is for voice, data, and T-Mobile has their 5G all-house coverage or home internet package that's out there, so the specifics are this site will allow for everything. WATTS: So we could have the upper end of the frequencies in broadband as well, the same thing as small cell towers? CAMPBELL: No. They would have to -- because small cell's not planned on this. Small cells are set up to only cover, geez, I'm thinking of like on college campuses and up and down streets where there is high density, very short range. It's what Steven Kennedy explained to me, they're very high, dense frequencies in a very short range. This site will have the ability to reach out and cover what it currently is. WATTS: My concern still is if we can operate in the broadband range of radio frequency, that spectrum from 0 to 100, however, it's rated, then are we operating in that upper end that broadband operates in? CAMPBELL: Sir, I cannot answer that. WATTS: Okay. Is this tower anticipated to only cover the residents of Fountain Hills, or does it have further reaching connectivity? CAMPBELL: Commissioner Watts, it would cover the community that surrounds it within approximately a mile, mile and a half. It won't reach down to Shea Boulevard or out to 87 going north. There's other sites within the T-Mobile network. The cellular network, wireless network is basically like a honeycomb, so this is one core inside of there and it just -- as the need, it spreads out as far as the signal will reach and then there's another site which overlaps and connects. This is not to serve somebody that's cruising on Shea Boulevard. WATTS: Okay. And has the applicant provided any data that shows the number of dropped calls, the capacity, that's the reason that they need it? There's something data- driven that basically says here's why we need this new thing. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 14 of 47 CAMPBELL: I don't have that information, no. WATTS: So we really don't know whether or not it's necessary? CAMPBELL: Well, it's necessary because across the state and across the valley -- I've worked on dozens of these across the valley where they were, 10 years ago, they put the flagpoles up because that worked then. It does not work for them now. This will enhance their coverage. It'll enhance for the community, for emergency services, everything along the like. We'll see a much better-improved coverage. WATTS: Well, I understand what you're saying, but if you don't have any substantial data that says here's the number of dropped calls, here's the number of the amount of capacity, here's the bell curve, so to speak, that shows me -- CAMPBELL: I understand, yes. WATTS: All of that capacity, then how do I really know whether or not it's needed? I appreciate your comment, but you're not at the podium. Thank you. So we don't have any data is what you're saying? CAMPBELL: I don't have it with me, but what they are not going to go out and do is spend half a million dollars to improve a site without the push from the marketing or from their data services on the back side telling them this site needs to be improved. WATTS: I'd still like to see some data, something that supports the fact that they are having dropped calls, they are having capacity issues, that they need to improve the coverage for that area because it doesn't exist today. If you want to fill out a card, then that's fine, but just from the audience, I'd appreciate not saying any comments. Thank you. UNIDENTIFIED SPEAKER: No. It's the question you're asking him. If I can give you an accurate testimony. WATTS: You can give me a one-off. UNIDENTIFIED SPEAKER: I'm a T-Mobile customer that lives two blocks away on Ironwood, and I get no service, and I get no internet. GRAY: We understand. WATTS: And so, you're asking for actual data. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 15 of 47 GRAY: Sir. UNIDENTIFIED SPEAKER: This is actual data. GRAY: Understood. That's enough. UNIDENTIFIED SPEAKER: I'm not affiliated with them. GRAY: Understood. If you want a comment card, you're welcome to fill one out. UNIDENTIFIED SPEAKER: Is there going to be open -- GRAY: Absolutely. That's what's coming next. Anything else? WATTS: Another one for Farhad. Farhad, this, to me, taking down the existing tower and putting in a new tower is new construction. Why are we submitting it as effectively a remodel to the existing tower? TAVASSOLI: Yeah. Mr. Chairman, members of the Commission, that point was brought up before by a member of the public, and I concede that it may not be considered a replacement in the true sense of the word, but we were just merely considering the fact that it was being placed in the same exact spot as the current flagpole. WATTS: Well, I understand, same foundation, same walls, but I would assume that the increase in the antennas and so on are going to also require an increase in capacity, capacity for electrical services and that sort of thing along the way, which I think would be a building issue, but I just want to make sure we're covering that base as well. So I would say we need to revise the application to reflect new, not a remodel. For right now, that's it, Mr. Chairman. Thank you. GRAY: Thank you, Commissioner. Gentlemen on the phone, any questions ahead of the public hearing? DAPAAH: Thank you, Chair. COREY: Yes. Yes, I -- DAPAAH: Go ahead. Go ahead. COREY: Thank you. Sorry, I think we're just double talking. Sorry, I couldn't be there in person. I appreciate you calling me out. Yeah, just a couple of questions, and one kind of caught my attention earlier. So this height is significantly higher. What I'm hearing a TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 16 of 47 lot from residents is concerns around aesthetics, so possibly a question from Mr. Campbell. I know you started to address this earlier, but can you clarify why the increased height is necessary compared to like other designs that made at lower heights? TAVASSOLI: Yes. That's Commissioner Corey speaking. CAMPBELL: Commissioner Corey, Chairman Gray. The height request was made by T- Mobile's RF engineer, and as it stands, it's an eight-foot increase in the, what I call the R. A. D. center, what's known as the R. A. D. center, or the mounting height of the antenna, and the palm fronds. COREY: It sounds to me -- yeah. Sorry, there's a little delay. I apologize for speaking over you. When I heard you speak earlier, it sounded like there could have been alternative designs that may not have been too impactful, so I'm just wondering if other designs that were a little bit shorter were kind of looked at that could provide significant service that we need without being so tall. CAMPBELL: Commissioner Corey, this is the design that would fit there. The height could be lowered, as I mentioned, to match what currently is there, but to put anything else up there, any other type of a tree or a concrete structure or something to that effect would be, would have a larger, a greater visual impact. COREY: Okay. Yeah. Thank you, Mr. Campbell. And my other question is kind of along the lines of that. When we talk about adding additional vegetation or something near there, I heard somebody say earlier palm tree fronds. Can you just clarify what that would be so we all kind of have an understanding of what that might look like? TAVASSOLI: Yeah. I -- Mr. Chairman, Commissioner Corry. Yeah, I made the reference to palm tree friends. Typically, well, not typically, but in some cases, whenever a monopalm such as this is proposed, depending on what kind of arrangements are made between the company leasing the property and the owner, one can complement, so to speak, a monopalm with a few natural palms to kind of reinforce the stealth appearance of the monopalm. COREY: Great. Okay. Thank you for clarifying Farhad. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 17 of 47 GRAY: Okay. Paula, let's go ahead. DAPAAH: Yeah. Chairman Gray, I have a question myself. So besides this 65-foot tower, at the base of it would also be a pad filled with equipment, right? TAVASSOLI: Mr. Chairman, Commissioner Dapaah, yes. The equipment location, the current equipment location is where the site for the new equipment will be. The current equipment will be removed and replaced, but it will be behind the existing screen wall that's there right now to screen it from view from the neighboring streets. DAPAAH: Yeah. Farhad, so you're saying it'll be removed and replaced or it'll be modified? I hear that -- I thought I read that they were going to perhaps just maybe increase, or I didn't understand it to be a replacement. TAVASSOLI: Yeah. Commissioner Dapaah, let me go to the site plan here. I beg your pardon, wrong way. Yeah, I got a screen capture here. Yeah, it appears that currently there are two cabinets there on the property. Now, my understanding was that those cabinets will be replaced, and I'm not sure if you can see your screen right now, Commissioner Dapaah, but where my cursor is currently is the current condition of the equipment shelter, and then to the right are the proposed cabinet replacements. And perhaps Mr. Campbell can confirm whether or not those are in fact replacements or if there's any modifications made to the existing cabinets. DAPAAH: And if he can speak to the dimensions, does that change? You know, aesthetics-wise, then, the dimensions, will that change at all? Will that affect it? TAVASSOLI: Mr. Chairman, Commissioner Dapaah, it is screened currently. The current equipment shelter, or I should say the ground equipment is screened with a six-foot wall. That will not change. I'm not sure if there's, from a certain angle from Ironwood where those cabinets would appear, but it's certainly screened well from view from Fountain Hills Boulevard. DAPAAH: Okay. Okay, so that will not be visible. All right. Thank you. Thank you, Farhad. GRAY: Vice Chair Watts. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 18 of 47 WATTS: There's a mention of a cupola. Where is that? I couldn't find it anywhere. TAVASSOLI: Yeah. Mr. Chairman, Commissioner Watts, that is an erroneous reference in the staff report. There was a template that was used for a previous wireless communication facility, and although John and I worked on revising the staff report accordingly, somehow it did not make it in the published version, but there is no cupola. WATTS: Got you. TAVASSOLI: There is no -- GRAY: Thank you. TAVASSOLI: Yeah. GRAY: Do you want it added? WATTS: No. GRAY: Okay. UNIDENTIFIED SPEAKER: Is there any comments from the neighbors that was in the meetings? GRAY: I didn't see anything. DAPAAH: Yeah. Chairman Gray, if I may ask one more question. Are other T-Mobile towers in the area also getting modified, or is it just this one here within that community? TAVASSOLI: I'll start off, I guess. Mr. Chairman, Commissioner Dapaah, as far as any modifications that would require a Special Use Permit, in my five years here, there haven't been any applications to replace any equipment to the same scale. There may have been replacements, in the true sense of the word, of antennas on existing facilities, like for like, so to speak, in terms of size, but certainly nothing in the way of Special Use Permits. I'm not sure if Mr. Campbell can elaborate. CAMPBELL: Chair Gray, Commissioner Dapaah, I currently do not have any other modifications to T-Mobile locations in Fountain Hills, and I'm not aware of any others that are going on. GRAY: Commissioner, there's been two applications in my time here. One, to add a site TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 19 of 47 at the entrance of Adero Canyon, which is a large metal Saguaro cactus, and this site also came up for a renewed Special Use Permit, but it was to essentially increase the size of the flagpole several years ago. I'm saying probably three years ago now, Farhad, that came through-ish. TAVASSOLI: John's nodding his head. I don't think I worked on that case. GRAY: Okay. Commissioner Sveum, did you have one? SVEUM: There was a public meeting with neighborhood or people within 300 feet. TAVASSOLI: Yeah. Mr. Chairman, Commissioners, there is a public participation requirement. At the very least, the applicant is required to send out notices of the applicant's intent to make the request for a Special Use Permit. There was no meeting. However, the applicant -- we asked the applicant to provide contact information on the notification letters, not the public notification letters sent by the town, but the -- yeah. SVEUM: We've had -- I've seen a few comment cards, but I've not seen anything else in this at all. I'm wondering what the comments were from the neighborhood. If there was a meeting that, I assume there was a meeting. TAVASSOLI: There was no meeting scheduled. SVEUM: There was no meeting at all? TAVASSOLI: No. SVEUM: So is there any record of any other comment besides the comments? TAVASSOLI: Comments have come in, Commissioner Sveum. Some of them are -- I think Paula will read off a little bit later -- but I think today only, of course, we had the weekend, but I came back today and there were six. SVEUM: Five or six. TAVASSOLI: Yeah. And there were, there was at least one inquiry, actually one inquiry that I had at the counter from a member of the public requesting more information about the -- SVEUM: Well perhaps we'll hear more public testimony on that. GRAY: Thank you, Farhad. Paula, let's go ahead and open the public hearing portion of the item here. The way TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 20 of 47 this process works, if you filled out a card in the back and delivered that to Paula, she will call you up in the order that those were turned in. She'll call the next person as on deck. There's a timer here at the front of the room with three minutes on it. You will get a beep at, what, 30 seconds remaining, Paula? WOODWARD: Yes. GRAY: And then a solid tone as your three minutes expires, so let's go ahead and call the first couple, Paula. WOODWARD: Okay. Our first speaker is Virginia O'Brien, and on deck will be Michael Brahy. O'BRIEN: Evening. What we'd like to do first, it was Michael Brahy, and he was scheduled to go first. WOODWARD: Oh, I'm sorry. Sure. We can switch you. Of course. O'BRIEN: Thank you. BRAHY: Hello. My name is Michael Brahy. I've been a resident of Fountains Hills for 24 years. My neighbors and I are presenting 70 signed petitions opposing the Fountain Hills Special Use Permit application by Crown Castle to erect that 65-foot wireless cell tower in a residentially zoned district. We strongly object to erecting a new monopalm cellular tower 65 feet tall in our neighborhood located on the Generation Church property located at 16239 East Ironwood Drive, Fountain Hills. The church is residentially zoned by the city and part of the Neighborhood Property Owners Association. We the residents and families living in this community have serious concerns for the negative impact that high power telecommunication towers bring with them in residential areas. These concerns are reason why we chose to live in a residential district by Fountain Hills, protected by Fountain Hills zoning and ordinances. Some adverse impacts on residents in the surrounding areas include but are not limited to, an unnatural visual impact and an imposing blot on the landscape. Public health issues surrounding radiofrequency radiation, increased wildfire hazards, concerns for threatened, endangered wildlife in their natural habitat. And we contend there is no need for a 65-foot-tall monopalm wireless cellular tower at this residential location, as TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 21 of 47 many other options are available throughout Fountain Hills on commercial property. And by signing this petition, we, the undersigned residents, respectfully request that the Planning and Zoning Commission, our Town Council, and our Mayor, Gerry Friedel, utilize and enforce existing Fountain Hills zoning codes and ordinances to protect and preserve our neighborhoods and community, and therefore deny the application by Crown Castle and Generation Church. Thank you all for your attention. O'BRIEN: Do I give the original copies? Happy to. Good evening. My name is Virginia O'Brien, and I am in thorough agreement with all the concerns expressed in the petition objecting to Generation Church and Crown Castle's request to erect a new 65-foot wireless cell tower on residential property, imposing a huge adverse visual impact that is anything but stealth. The wireless cellular tower would create unreasonable conditions in the opinion of over 72 neighborhood residents in the surrounding area that have signed petitions reflecting this opinion. Upon reviewing the Town of Fountain Hills Planning and Zoning staff summary on this matter, it appears to me that Generation Church and Crown Castle want special approval to waive their compliance of Fountain Hills residential ordinances and violate those ordinances with Town Council approval if the Town Council grants them the Special Use Permit they applied for. Here are three of the special approvals they want to waive ordinance compliance for. The first violation that they want to waive is in regard to the height of the proposed tower. Residential zone structure height clearly states a 30-foot limit for all residents in that area. Generation Church and Crown Castle want special approval to waive their compliance with the existing 30-foot limit allowed in single-family zoning areas so that they can erect a 65-foot stealth tower. The second ordinance violation Generation Church and Crown Castle want waived is in regard to the required fall-down distances. The ordinance requires that any antenna constructed on a property must have a fall down distance which is equal to 300 percent of the height of the antenna in that residential district. This is a precaution against any offsite damage to adjoining properties or structures should it fall, never TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 22 of 47 mind the potential for a fire. Per zoning and planning report, the cell tower fall down distance is well short of the 300 percent of the height antenna required in a residential district. The third ordinance waiver Generation Church and Crown Castle seek is the waiver of the minimum 300-foot property line setback. The existing ordinance requires a 300-foot minimum setback from adjoining property lines. Any antenna within 300 feet of residentially zoned property requires a waiver of this ordinance. Planning and zoning staff clearly states that the residential setback requirements have not been met by Generation Church and Crown Castle. It is my understanding that the residential property owner, Generation Church, currently supports this permit to erect the new 65- foot monopalm wireless cell tower. In light of this evening's hearing, the increasing number of signed petitions, and the adverse impact of this tower on a residential neighborhood, I urge Generation Church and Crown Castle to respect their neighborhood community's objections to the 65-foot wireless cell tower in our residentially zoned neighborhood and reconsider their support for a special use application. I thank you for your attention. GRAY: Thank you, Ms. O'Brien. WOODWARD: Next speaker is Liz Gildersleeve. On deck is Jennifer Skousen. GILDERSLEEVE: Good evening, all. Hello, Paula. After reading the attachments for this agenda item, I do also have some questions that I hope this Commission will answer before making a final recommendation for this Special Use Permit. First, and I know it was addressed a little earlier, I'm still not clear on who would be receiving the benefits of this 65-foot tower. Is it all of Fountain Hills? Does it extend into the Fort McDowell community? I just, I didn't get a clear answer on that. The other question I had is why, if it sounds like this is for broadband, mostly for broadband, so why can't this infrastructure go underground or some of it go underground? Third, there are residents who are concerned about the health impacts of the presumably increased radiation. Has any study been done to confirm or deny the health TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 23 of 47 issues? Next, if I'm reading the citizen participation report correctly from the applicant, it appears that the letters to the impacted residents were mailed out in May, which, of course, is not a real helpful time since a lot of people in our community leave for the summer, and I'd also -- I didn't see it in the attachments -- but would it be possible for the public to see the form letter that was sent to the impacted residents and how this request for a Special Use Permit for a six-story tower was explained? And finally, if you approve this Special Use Permit, it waters down our ordinance even further and sets precedence for future six-story towers in our town. Should we then anticipate a sea of six-story fake palm trees in the near future from this applicant and other providers? In my opinion, there are still lots of questions, and I know the applicant, the gentleman here, has 30 years of experience, but I wasn't getting a warm, fuzzy feeling that he had all his information with him today, so I hope you delay a decision and get answers to these questions, my questions, and I'm sure you'll hear other questions from other residents who are going to speak. Thank you for your time. SKOUSEN: Good evening, Mr. Chairman and commissioners. Thank you for the opportunity to speak. I stand before you today to express my strong opposition to the proposed installation of a 65-foot-tall cell tower in our residential neighborhood. First, let's address health concerns. While regulatory agencies assure us that radial frequency emissions from cell towers are within the safe limits, multiple studies have raised red flags about prolonged exposure, particularly for children and vulnerable populations. Research has linked proximity to cell towers with increases in headaches, sleep disturbances, and even cancer. My family is personally about to welcome our fifth any day. I've been having contractions sitting out there in the audience, which means all five of our children will be at an increased risk if the Planning and Zoning Committee approves this exception. Why should we take this gamble with our family's health when safer alternatives exist? Second, this tower threatens the character and value of our neighborhood. Studies TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 24 of 47 have consistently shown that properties near these cell towers can lose up to 20 percent of their market value. For many of us, our homes are not just places to live, they are our largest financial investment. Installing a cell tower here imposes an unfair burden on our community for the benefit of corporate interests. Third, we must consider the precedent this sets. Approving a cell tower in our neighborhood opens the door for similar projects in the future, gradually eroding the quiet, safe environment we all chose when we moved here. Fourth, added on the fly, the applicant mentioned that this would support first responders. I personally support first responders every day. I sell body cameras and tasers to law enforcement agencies, and in five years, I have never had an agency tell me they use T-Mobile, so I would be curious if our first responders use T-Mobile or if they use AT&T, FirstNet, or Verizon because those are the two primary vendors. I'm not against better connectivity. However, I urge the Planning and Zoning Commission to explore alternative locations for this tower, such as commercial zones or industrial areas where its impact on residents would be minimal. Let's work together to prioritize our public health, our property values, and the integrity of our community. Thank you. GRAY: Thank you. Could you just read your name into the record for us? SKOUSEN: Jennifer Skousen. GRAY: Thank you. WOODWARD: Next speaker is Larry Meyers, and on deck will be Crystal Cavanaugh. MEYERS: Chair, commissioners, Larry Meyers, 43-year resident of Fountain Hills, and I was here when they put up the flagpole. It was pretty unobtrusive. If you don't know it's there, you wouldn't even know it's there, and it's a cell tower. This is a broadband tower. We've had two years' worth of discussions on broadband and all of the impacts that it has. This isn't about whether you get good service or bad service, because I have T-Mobile and I have bad service, and my options are to get Verizon, AT&T, or T-Mobile gave me a cell spot to put in my house that goes from my phone to the cell spot, to the internet, to the tower, the big tower. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 25 of 47 So just to put that aside, most of my concern is once again an S.U.P. and the process. This town has a habit of screwing up the process of an S.U.P. The Target Center S.U.P., the process was poor. This S.U.P., the process is poor. This is not an upgrade. This is a new build. The tower that's there is a cell tower. The tower that will be there is a broadband cell tower. This is a new build, so that's what the application should say and the staff should recognize that and write it as such. Asking for an S.U.P., and in your application, stating unequivocally as Crown Castle did, that there will have no effect on property values, well, the ordinance says it will, and then you're asking for an S.U.P. to get around the ordinance, and then you're telling the town that there will have no effect. It will have no effect on the property values. I don't see any study. I don't see actually anything in this application that resembles a data point which Commissioner Watts was asking for for any of this. In the debate for the last two years, we've talked about how the town doesn't have any expertise in this area, and tonight it's clear, again, they don't, and we've been denied the information from experts on this particular subject matter by our previous Town Council and town attorney. And so I would once again ask that the town consult an expert, cause the applicant to pay for that consultation so that the town can receive the data points necessary to make the proper decision on an S.U.P. that affects so many residents in various means, various forms, property values, health concerns, visual aesthetics, and in such, then they would in fact be having a proper process before granting an S.U.P. that is just a request from somebody who intends to make more money. Thank you very much. I appreciate your time. CAVANAUGH: Good evening. Crystal Cavanaugh, Fountain Hills resident. I just have a few points, because most of them have been made, but I want to start off by saying I'm very thankful for this Commission because you all ask questions. Now, you don't always get the answers, which is what I noticed again tonight, and without those answers, it's going to be very difficult to make a decision on this, but I find it even more amazing that we have staff that readily recommend saying yes to things like this without these same TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 26 of 47 answers and data. This structure exceeds the height limit by 35 feet. It's a 65-foot structure, and then they use the word stealth. There is nothing stealth about a 65-foot structure. I don't care how many palm fronds you put on it or get them palm frond friends. So the fall-down distance as was mentioned before is inadequate. It also says it's going to use the existing foundation. Is that even adequate? And I particularly get upset when I see statements in these staff reports that say things like staff believes no negative impacts on surrounding property. Well, which staff is making that determination? Do they even live in Fountain Hills is always my question. So little things like this are very disturbing when they want to be rammed through, and I really caution you to continue to search for the answers to your very important questions. Thank you. WOODWARD: Next speaker, April McCormick, and on deck, Lori Troller. MCCORMICK: Good evening. I want to say I am so proud of this town. I believe all of the 75 signatures have been collected over the weekend, and that is a monumental, Herculean effort, and I want to say thank you. Okay. A couple of things about this petition. So this is a six-story building. Every 11 feet is one story in construction, and if you take 65 feet divided by 11, that's 5.9 stories. This is insanity surrounded by all residential zoning districts and homes, so the Ninth Circuit has upheld municipalities asking for what's called a least intrusive means test, and that means you can ask them, have you tried to look for a site that's least intrusive to what you're proposing? And in their own little staff packet prepared by this gentleman, straight up, it says they haven't even looked. Haven't even looked, so you can ask them to look, do their due diligence, and come back and show you other options. Their plans, I don't believe are to scale. I've been in construction my entire adult life, and I went to Google Earth and measured the height of that flagpole which I believe is 49 feet. I also measured how many homes are around that flagpole right now within 1,150 feet, and the reason I did that is because a study from Israel found that if you live within 1,150 feet of a tower or antenna, your chances of getting cancer quadruple. And TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 27 of 47 so I stopped counting at 75 homes within 1,150 feet. That's how many people would be grossly affected by the placement of this. The church, I wish the property owner was here. I know they've been contacted by some people in this audience to which they've said they'll pray for your brain, heart, and soul. They seem to care less and be completely motivated by whatever lease payment they are getting. On the plans that this gentleman prepared, there is zero detail of what these transmitters are going to be broadcasting. There's nothing on frequency at all. I mean, I've seen a lot of these applications. I've never seen that. And this is going to be from the little bit I heard, a 5G Macro Tower. I mean, this thing will be -- all of these services are different frequencies. The phone is one, location, Wi-Fi, Bluetooth, all of these other things are different frequencies, so there should be detail of how many antennas are going to be in there and what frequency they are going to be using. Right now we're going to be broadcasting Wi-Fi, like this is downtown San Francisco, in the middle of this residential area. It's absolutely crazy, and I know you're in a pickle because it's already there, and I feel so sorry for the people that live in this vicinity. We looked at a lot on the street, did a ton of due diligence to build. And the only reason we didn't build there is because of this. I knew this would happen, and I didn't know when, I knew it probably pretty soon, and I was too scared to even entertain it, and these people have a very legitimate reason to feel the same way. 350 people have been to FountainHillsSafety.com since Friday and they're very concerned. Thank you. GRAY: Ms. Troller, we'll give you the four minutes you asked for. TROLLER: Thank you. Hi, guys. Gentlemen, it's been a while. Hope you had a good holiday. Lori Troller, resident. I'm going to fly through my 18 points real quick, but I think Farhad already gave you the reasons you need to deny this. It's too high, it's too close, and you're setting a precedence with putting this in the residential area as noted. He had those in red on the thing. So I'm going to skip to some comments I had about this entire presentation and reasons for when we come back to the ordinance, these are all things I want you to TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 28 of 47 consider when we're writing the ordinance. These are things we got to write in so we're not stuck in this position the next time. I'm kind of surprised that they're even addressing this. This is a sleeping bear. This guy went in in 2019 with no laws. Changing this now to a new build, they're under the new ordinance, so I don't even know why they're doing this, because now they got that in there without any laws, without worrying about the residents or something like that. You ought to just leave it as is. That's my opinion. Number two, to clarify, emergency services never use broadband. They don't. You get that much smoke if you're in a fire, you have that much smoke, you don't talk. It disrupts the communication. Emergency services have their own frequency and it's F. M. frequency. They never use this. This is broadband. Again, we've been talking about this for a long time. It can go underground. You guys have absolutely no obligation to approve this according to federal law because it's broadband. Broadband services do not have the A-O-K to do a build-out like cellular does. It's different laws and broadband just doesn't have it. The appearance -- sorry -- the appearance of these palm trees change quickly. If anybody has driven past the Alamo and you look at that palm tree past the Alamo, that, two years ago, it looked like that. It was that one set of antennas. Right now, there's another set, a second set of antennas, and by the way, a set of antennas, a full set of antennas, you can put more on this one set, which means that level, weighs about a ton. Would you love to be in church and have that hit you? Anyway, the one at Alamo has two levels. It looks far from anything natural because the fronds are now down a whole other level, so if you really want to see what the potential of what this can look like and any other 65-foot palm tree, look at the one at Alamo. It's not pretty. Let's see. Sorry. I think -- oh, Peter, you mentioned that you wanted to ask if we had to validate or take for face value some of the quotes that was presented to you in the presentation. I would say you can go get your own numbers if you want. Many towns get experts to do this, and they don't use town staff. They reference experts, and those experts go to run those numbers, and they check those numbers, so I've never heard of TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 29 of 47 a town having to take anything at face value. You can check that all you like. There's nothing that would keep you from doing that in any law that I've seen. It also mentions that the base is not going to be changed. I think John specifically mentioned that in this. The base isn't going to change. Well, you've got a base right now that was designed to support that flagpole that has no wind shear to it, basically, because there's no fronds on it. Well, there's a flag on it. And there's a whole different weight component so that base, if that base is only this big and needs to be this big, and the town gives them an approval for an S.U.P. that they even tell you they're not going to change the base and that sucker goes over, now we're up for a lawsuit because you approved something that didn't get engineered properly and that's going to be on the town. So I would ask you to consider that because John specifically said the base will not change, so I don't -- I wouldn't, if I wouldn't put an engineering stamp on that base -- do I still? GRAY: You can take 15 more seconds. TROLLER: Okay. GRAY: Sorry. I know. TROLLER: Yeah, you do. Finally -- I'm just going to -- there's a lot more. There's so much more. One thing I want to say. We want this service. Town wants the service. We don't, we're not denying this. It's already there, so when they use the terms, you can't deny, there's, in the application it says, there's page 8, 9, and 10. There are -- it states the laws. Basically, it says you can't deny service. We're not denying service. It's right there, and it's working, so if they want to upgrade their service, that's up to them and we are not denying it. So by doing a denial, don't be afraid of, oh, the lawsuits and stuff like that because we're not denying anything. And, again, it's broadband. Let's bring it in underground. Let's preserve our values and the beauty of our town. Thanks. Thanks, Peter. WOODWARD: Next speaker is Kevin Rose and after Kevin, Alan Proctor. Kevin Rose? TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 30 of 47 Did he leave? Okay. Mr. Proctor, please. PROCTOR: Hello. Good afternoon, everybody. So I'm a resident that does live within 300 feet. I got the letter. It was dated November 20th, so that was the first I found out about this a few weeks ago, so I didn't really prepare anything, but I guess just for the record, I am a civil engineer, a registered professional engineer, so I do have my engineer stamp. I'm against this, aesthetically, health concerns, and my property value. I purchased the home about a couple years ago, so I do have concerns about this. I didn't know the flagpole was an antenna. I have no problem with the flagpole, but this new, it is definitely new construction. I also found it surprising about the foundation. Seems like it would need a new foundation. But, anyway, just wanted to submit my testimony under the record, so thank you. WOODWARD: No more speaker cards, Chair. GRAY: Paula, can you tally up what came in via email that may be hand delivered that did not speak for us? WOODWARD: So we received six comment cards by email, and three of the people opposed the project, one was for it, and one was I couldn't decide what it was. They just made a comment. GRAY: You want to read that comment just so we can -- WOODWARD: Well, sure. I think they were for and against, so let's see. So the comment is following: you can neither stem the tide of progress nor fight the federal government. No matter what is said at a public meeting, this 5G invasion of progress cannot be stopped. Perhaps we can keep them away from folks' homes and place them in public parks and such, however. GRAY: Yeah. WOODWARD: How do you interpret that? For or against? GRAY: I'm going to go against. WOODWARD: Against? Okay. There you go. GRAY: Yeah. I mean, the however does, that opens it up again, but I -- just leave it TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 31 of 47 against. KOVACEVIC: It does say that they are against if you look above the comment. GRAY: No, that's not very fun. KOVACEVIC: I know. GRAY: All right. WOODWARD: There you go. GRAY: Let's go ahead. We will formally close the public hearing. Farhad, let's bring you back up for any final discussion amongst the Commission with staff. I'll start since the mic's hot already. You know, we heard a lot of the same sentiment that I think, Farhad, you pointed out in the staff report around height, fall distance, setbacks, new versus renovation, et cetera. The thing that gives me the most pause, and I'm of the same opinion as several of the speakers. The service is, the cell service is warranted. The rest of it is highly subjective, but we're talking about this placement on an R1 to 35 property, and that's the underlying thing that I have a lot of trouble with here. So I want to hear what the other commissioners have to say. Commissioner Kovacevic. KOVACEVIC: Yeah. I had a hard time. This is a tough vote. You know, because extending the tower 10 feet and expanding capacity to allow a full array of antennas will allow more residents to get less expensive wireless internet and access at home, but the tower doesn't comply with our previous zoning ordinance. It doesn't comply with the new zoning ordinance. When we were charged with reviewing and rewriting Chapter 17, we were given eight model ordinances from other municipalities, and this tower wouldn't meet any of those eight. The tower doesn't meet many of the goals of our zoning ordinance. Goal number one, it doesn't protect residential areas and land uses from potential adverse impacts of the towers and antennas. Goal number two in the ordinance, it doesn't encourage the location of towers in non-residential areas. Goal number four, it has no provision for colocation. It doesn't encourage the joint use TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 32 of 47 of an existing tower site. And then goal number eight, with single-family residences next door and across the street, it doesn't consider the public health and safety of communication towers. So this S.U.P. doesn't meet four of the nine goals in our ordinance. So basing our recommendation to Town Council strictly on planning and zoning aspects of the petition, I'll be recommending denial. This is a non-conforming use. Petitioner's asking us to double down on the nonconforming use. The town publicly states in the ordinance, we don't want this use in a residential area. We have a wonderful town. The ordinances are a big reason why, so there's got to be a better way. GRAY: Commissioner Watts. WATTS: So I'm going to make a comment about the last comment card. I think that there was actually some insight into that comment card that was made, and I think Ms. Troller said the same thing, that we're not here to prohibit 5G in any form. At some point, it's the proper management and implementation. It's how we can do it constructively, how we can do it smartly -- if that's a word -- but not to just -- GRAY: No. It's not. WATTS: It's not a word? Strike the smartly. Thank you. But I just don't think -- I think the height issue, R1-35 doesn't fit. I don't think there's any bumpers in our current ordinances around the radio frequency limitations. The applicant was kind of not real exacting about the reasons and wasn't exacting about what frequencies. It's got internet, it's got broadband, but I think we need to have bumpers around what's cellular. We can't restrict cellular, that's a given, and I'll acquiesce to that, but I think we've got to get something that says you cannot operate outside this frequency and you can't operate within a certain area. So those are a couple of reasons. I know for a fact that the N. P. O. A. has not had an application submitted to get the approval, and I don't believe it would pass the Committee of Architecture. Kind of got a little insight there, so I also will be against voting for moving forward this S.U.P. GRAY: Farhad, can you just procedural clarification for me? What's the procedural TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 33 of 47 value of this being considered a renovation versus a new build? Is that purely semantics, or is there either procedural or financial value to the applicant? TAVASSOLI: Mr. Chairman, I'm not sure if procedurally there is. GRAY: Nothing. TAVASSOLI: Certainly under the old ordinance, I'm not sure if there's a, procedurally, any value as you said. The new ordinance does have shock clock requirements, so to speak. Had that been submitted after the ordinance took effect, or I should say after the ordinance was approved, I guess then we could start discussing whether the 90-day shock clock would apply here for replacements versus new facility. In my earlier discussions, I think -- and this is all having to do with the new ordinance -- with some staff, it sounds like it's, we would consider it a new facility under the 150-day shock clock. GRAY: Okay. Thank you. Commissioner Sveum. SVEUM: Telecommunications is not in my wheelhouse, but I didn't hear just a motion from all of you tonight. I felt there's a lot of facts that were brought out. I appreciate hearing that. I'm not so sure how a tower like this would affect values of property necessarily, but I do think there was no compelling reason to approve this -- this antenna. And frankly, a billion-dollar company ought to be able to design something that's a lot more attractive than something like this. The one that's down east of Saguaro, the first time I saw that, I just laughed, to have that in a town this beautiful. There has to be better ways to do this. And T-Mobile or whoever would like to present a tower to improve their services and create more business, they've got to do a better job of convincing not only us but you as neighbors and those that are directly affected. Just driving by the site after this came out and the photos and everything, I'm picturing how bad this is going to look. And it's one of those, why did we allow that to happen? So until they come up with a better answer, I'm a no, totally no. GRAY: Commissioner Dapaah. DAPAAH: Yeah. Chair, I don't have enough information here to really come to a solid TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 34 of 47 decision on this, but I'm not convinced that it is a rebuild. I don't know what the weight of the components that are going to be sitting on the top of this tower that is twice as high as the flagpole, so yeah. I'm not able to move forward with this either. GRAY: Commissioner Corey. DAPAAH: At this time. COREY: Thank you, Chair. Yeah, I'd have to agree with what my colleague said. I think the increased height, it doesn't really align with the character of the residential neighborhood, and I think we should explore other designs or configurations that maybe can give us the communication that we need without it being so impactful, so I think I'll also be a no vote on this. And I appreciate all the feedback that we heard today. GRAY: Thank you, commissioners. I think it's pretty clear the way the recommendation is going to go here tonight. I don't know if anybody has a motion in mind that they'd like to make. Commissioner Kovacevic. KOVACEVIC: Sure. I'll move to deny the request. WATTS: I'll second. GRAY: Okay. Let's do it on the basis of -- I'd like you to include on the basis of it's in a R1 to 35 zoned parcel as one, if you would consider that. KOVACEVIC: Absolutely. GRAY: Secondary considerations? WATTS: Second. GRAY: Well, we've got a second from Commissioner Watts. Any additional clarifying considerations? So R1 to 35, I want to make sure we give the Council good meat to work with. KOVACEVIC: It doesn't meet the goals of our zoning ordinance. GRAY: Okay. So let's say on the basis of siting in a 1 to 35 parcel and, in general, nonconformance with zoning ordinance heavily inclusive of height, fall zone, and setback? KOVACEVIC: Yes. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 35 of 47 WATTS: I think the radio frequencies also need to be included, that it's not clear whether it is actually broadband or simply cellular, and that needs to be defined. KOVACEVIC: I think we got that answer. I think it's broad -- I mean, he said it was broadband. WATTS: Well, I don't think it's clear. GRAY: It is, but this is a zoning hearing, so let's -- WATTS: All right. And I think the statement about first responders -- it does not affect first responders, so I want to make sure that's clear to the Council as well. This does not have an impact on first responders. They do operate completely on -- I know for a fact on M. C. S. O. They operate on a different frequency completely or a different system, so it doesn't affect that. I think that about covers it for me. GRAY: Okay. Farhad, enough to work with? TAVASSOLI: Absolutely. GRAY: Okay. So a motion on the table to recommend denial on the basis just discussed from Commissioner Kovacevic, seconded by Commissioner Watts. Paula, just for posterity's sake, roll call, please. WOODWARD: Commissioner Corey? COREY: Aye. WOODWARD: Commissioner Dapaah? DAPAAH: Aye. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Aye. WOODWARD: Commissioner Sveum? SVEUM: Aye. WOODWARD: Vice Chair Watts? WATTS: Aye. WOODWARD: Chair Gray? GRAY: Aye. WOODWARD: 6-0. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 36 of 47 GRAY: Thank you, Paula. Okay. So just for clarity, that motion is going to Town Council with a recommendation to deny on that basis. TAVASSOLI: Mr. Chairman, may I? On that note about the Town Council meeting, if I may make a clarification. I think the schedule for the next year's Town Council meetings will be officially under consideration next week. There's reference made in the public notice as well as the legal ad that the meeting will be on January 22nd, which is a Wednesday, two days after the Martin Luther King holiday. I believe there is a push to reschedule that on Tuesday, for Tuesday, January 21st, but we'll find out next week, but just for everyone's benefit in the public, and I've asked the applicant to make the change in the sign once it becomes official. GRAY: Okay. Thank you, Farhad. Okay. Let's move on to Agenda Item 5. Another public hearing consideration of possible action amending Chapter 12 of the commercial zoning districts to allow outdoor display of non-gasoline powered vehicles with no more than one ton in weight to the C1 neighborhood commercial and professional zoning district under a Special Use Permit. And, Farhad, let's just give the room a couple seconds here. TAVASSOLI: Sure. All right. Thank you, Mr. Chairman, members of the Commission. So this next item is a staff-initiated text amendment for the direction of the Town Council to allow outdoor display of small, non-gasoline powered vehicles, particularly in the C1 zoning district. Now what spurred this text amendment proposal? As you might recall, I believe it came before the Commission back in, I want to say -- actually, I think maybe October, there was a rezone request from a business owner, that business owner being the owner of a golf cart sales business at the corner of Fountain Hills Boulevard and Glenbrook Avenue. And the request was from a rezone from C1 to C2, particularly to allow outdoor display of golf carts. And that was the only instrument that would allow outdoor golf cart display, or any kind of vehicle display TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 37 of 47 outdoors, in the C2 zoning district, so that came before the Commission back in October. It was, the rezone was denied per commission's recommendation and also per staff's recommendation at the November 19th Council meeting. However, as staff had expected after the Commission meeting as well as the Council meeting, staff received direction to propose a text amendment to allow golf cart display in the C1 zoning district. And the reason for the denial was there were a whole list of other uses under the C2 that would have been allowed had that rezone been approved, including hotels and drive-throughs, which clearly would not have been appropriate for the area. So, given the direction given by Town Council, we took a number of considerations, did a little bit of research, in looking at not only golf carts but also similar vehicles. We first looked at the scale of these vehicles, and we found that four-seater golf carts can weigh anywhere between 400 to 550 pounds. Six-seater golf carts, which aren't that uncommon, can weigh as much as 1,850 pounds. We also asked the question, well, are there other non-gasoline powered vehicles such as golf carts that are in similar size and weight? And we thought possibly there could be a number of others. The staff report made reference to pedicabs. I'm not sure how frequently they would be used in the area, but they are, after all, vehicles, non-gasoline powered, and not even electrical, or electric powered go-carts, for example. And so we, basically, as you'll see in the suggested text amendment in the following slide, we thought of a limit of one ton for outdoor vehicle, non-gasoline powered, outdoor vehicle displays. We also thought about likely areas for the display. Well, more likely than not, such vehicles would be displayed in the parking stalls, and that brings up a number of questions of would display of such vehicles compromise the parking demand for a particular commercial center? And, also, should we consider this a by-right use in the C-1 or one that would require an S.U.P.? And really, we recommend language in the zoning ordinance that would require a Special Use Permit for outdoor display of non-gasoline vehicles of no more than one ton in the C-1 zoning district. I know there's a reference here to the C-C district in TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 38 of 47 that, but this is particularly for, specifically for the C-1 zoning district, this proposed text amendment. Let's see what else I thought of adding. Oh, so that way we can come before you and bring up other considerations that might be associated with the request, such as the parking requirement would, if there's some serious questions about accessibility to a parking lot because of these vehicle displays. Well, that's something that the Commission and Council can consider. Commission and Council can also consider an expiration date or a requirement to come back and renew after a certain period of time. In the earlier presentation, I mentioned that Special Use Permits typically run with the land. However, unless there's a specific time limit placed on or stipulated with the approval, then that can be tagged to the property in question. So, quite simply, that's it in a nutshell. But if you have any more questions about how staff went about this in proposing the language you see before you, I'll open up to questions right now. GRAY: Pretty straightforward, Farhad. Like the idea of it being tied to the Special Use Permit as we delve into new, kind of, should be placid but uncharted waters here with something like this. And I appreciate the background and how we got to this. I'm just curious what the Commission thinks. I almost propose that this type of Special Use Permit sunset with a business license so that we're able to kind of reevaluate that over time. I don't think that that should run with the land like some others do. Commissioner Watts. WATTS: No, I agree. I think the Special Use Permit sunsetting or being limited to the individual that applies for the Special Use Permit. Whey ought to have some stipulations on it, and I'm still a little confused about is it the land, is it the owner. Because I've heard both ways, and I'm going to do a little more research here, but I think this particular one should sunset with the ownership or the business license in this case. Either one. GRAY: Commissioner Sveum. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 39 of 47 SVEUM: But if he does sell the business to a relative or a partner or something like that, this would have to be renewed? I don't see why that would be necessary. WATTS: Not if he necessarily did it with the business. SVEUM: Pardon? WATTS: If he sold the business, he wouldn't have to renew it. GRAY: Yeah. The license would stay intact. SVEUM: So it's the type of business you're talking about, not the owner of the business. WATTS: Yeah. In this particular case, I'll use the golf carts. If I sold my golf cart business to you, that Special Use Permit would remain intact because it's consistent, but now if I sold the property to somebody else, then you'd have to apply for a new Special Use Permit. GRAY: John doesn't like it. WATTS: Sorry. WESLEY: Chair, commissioners, I got a particular -- one was the comment about the business license. If you sell the business to Phil, then Phil's going to have to get his own business license. So it'd be a new business license, so I think you'd have to be a little careful in how you might word that. But I guess going with what Commissioner Sveum was saying, if it's really the same business at the same location regardless of who the owner is, again, I'm not sure why that would need a Special Use Permit change. My thought initially is it could just be considered with each Special Use Permit and how you might want to put a tie on it if there's a timeframe or if it's a vacancy or whatever. I certainly, I guess coming back to Vice Chair, your comments is still kind of the confusion that's out there about how these continue or don't continue. If this particular applicant gets approval of his SUP, continues his business, but then for whatever reason closes it down and it gets discontinued, and then after it's discontinued, someone comes back and wants to do the same business, they would have to reapply. It doesn't run with the land after the business has been vacated. It's lost its status at that point, but -- SVEUM: Your suggestion is to make it with the business license as opposed to the TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 40 of 47 owner of the business. WESLEY: No. I guess I'm not being very clear. I think the business license would be the wrong way to go because I don't think that accomplishes what you're after. I think you could handle it on a case-by-case basis with each Special Use Permit to see if you want to put some stipulation on how it transfers or how it terminates. But just a normal practice, if one business goes out and the property's now vacant and somebody wants to put the same business back in, they wouldn't need a new Special Use Permit. It doesn't run with the land once it's become vacant in that regard. GRAY: But then we're just kind of crystal balling it with each and every application. I'd go back closer to business type and continuity of business. Just simply say something generic to the effect of if the parcel's used for an alternate purpose, the Special Use Permit would sunset at any time. I just -- I don't think you want to leave something like this with the parcel forever to be picked back up 10 years from now. SVEUM: I also, I've got a question regarding why are we talking about non-gasoline- powered vehicles. Is this your business? I thought so. You take older golf carts in on trade? RON RICCI (business owner): I do. SVEUM: Well, I mean, sometimes they might be gas. I mean -- RON RICCI (business owner): I just try to get rid of them. I don't keep gas. SVEUM: Well, but if you want to display them -- RON RICCI (business owner): Yeah. SVEUM: You would not be able to do that under this provision. RON RICCI (business owner): Correct. SVEUM: Or some of your other vehicles or other product, they may be gas-powered as well, right? Electric golf cart, is that what I heard? RON RICCI (business owner): That was -- SVEUM: Oh, I'm sorry, what? RON RICCI (business owner): I don't have the microphone to speak into so -- TAVASSOLI: Okay. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 41 of 47 RON RICCI (business owner): I don't deal with gasoline golf carts. If I do take them in on trade, you're correct. That does happen from time to time, but I get rid of them as quickly as I can, you know? SVEUM: Well, in the event that you can't, why are we -- I just don't understand why we're limiting to non-gasoline vehicles. Is there a reason it was written that way? TAVASSOLI: Yeah, Mr. Chairman. Excuse me. I'm sorry. Mr. Chairman, Commissioner Sveum, the reason being is that gasoline-powered vehicles with their motors and engines typically generate noise that may not be compatible depending on the area. GRAY: In a residential district. TAVASSOLI: And so there's fewer nuisances associated with a non-gasoline-powered vehicle. SVEUM: Well, there's cars running down the street as well, so I just don't know that you want to limit, in those cases, you might try to display. That's just my opinion. RON RICCI (business owner): I agree, and I guess I would feel better if you took it out. I don't mind the ton. He put a one-ton in there. I'm okay with that. SVEUM: Is there a weight problem if it's a gasoline car? RON RICCI (business owner): No, gas. I mean, a gas -- SVEUM: So a one-ton would be fine? RON RICCI (business owner): Yes. I'd be okay with a one-ton, but the gasoline, you're right. If I take one in on trade and I've got to get rid of it and I'm under the gun, you know, because I can't. SVEUM: You've got money tied up in it. RON RICCI (business owner): Yes, so -- RON RICCI (business owner): And I don't want to leave a gas cart inside the building. SVEUM: Right. So, personally, I would like to provide more flexibility with that and eliminate the non-gasoline power. RON RICCI (business owner): All they'd have to do is remove the gasoline power. They can leave the weight. I'm good with that. GRAY: So I generally am with you, but devil's advocate for a second. What if he takes in TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 42 of 47 an unmuffled go-kart or a Razor, and now that's displayed and shown to a prospective buyer in a residential district? That's unfair to the C1 designation. RON RICCI (business owner): And I get where you're coming from because I don't like the Razors. They're loud and obnoxious and they're unlike a gasoline. GRAY: Offensive, too. RON RICCI (business owner): They're not like a golf cart; they’re much quieter. A Razor, they're very, very loud. GRAY: So can we use a different classification? I mean, is there a licensure classification that can be used that would call that stuff out? RON RICCI (business owner): Basically, I mean, I'm a golf cart store. I don't sell UTVs. I don't. GRAY: No interest in selling Vespas or anything like that? RON RICCI (business owner): No, not really. No. Or no motorcycles, you know, no interest. WATTS: Why can't we provide an exclusion for the operation of gas-powered vehicles and a 30-day limit to dispose of them when taking them on trade? RON RICCI (business owner): That's fine. I'm okay with that. GRAY: I don't care. SVEUM: Do something, then you've accomplished that and you can do that. RON RICCI (business owner): Yeah, that's fine. GRAY: Yeah. Okay. So let's try and expedite this. Paula, do I have speaker cards? WOODWARD: No, Chair. GRAY: Commissioner Watts, did you have more? WATTS: Nope, that's it. GRAY: Okay. Final discussion. Is there a motion? Commissioner Watts? WATTS: I move to approve with the additional comments about the exclusion of the operation of gas-powered vehicles and a 30-day limitation on the storage of gas TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 43 of 47 vehicles. GRAY: And sunset of the S.U.P. with -- WATTS: And sunset of the S.U.P. with a business light. I'm still confused a bit about the business license versus the ownership versus the business. GRAY: Just say when continuity of the business ceases to exist or something. When business continuity ceases to exist under that S.U.P. WATTS: Okay. When the continuity of the business ceases under the business license of the operation. GRAY: Muddy as all get out. WATTS: Yeah. It gives you a little bit to work with. GRAY: Commissioner Corey, Commissioner Dapaah? COREY: Yeah. My one comment was also around are all golf carts non-gasoline? So I'm glad that we addressed that, and I'm with you on approving. GRAY: Commissioner Dapaah? DAPAAH: Yeah. And would this be restricted to this owner, like John was saying, or is it going to be to the license? And also, would a neighbor of his be able to just maybe decide one day to sell his own and just pull it out front and leave it there with a for sale sign on it? Or can any of the neighbors pull up their cart? So my question is, is this restricted to this address only? GRAY: Yes, it's restricted to this. TAVASSOLI: No. Mr. Chairman, this is a -- if we're talking about the text amendment before you, this is, this will be across the board for anyone. GRAY: But they'll all require a Special Use Permit. TAVASSOLI: That is correct, but it's not for this particular individual at this particular address. Yeah. DAPAAH: Okay. GRAY: But, Commissioner Dapaah, each applicant is going to have to come through the S.U.P. process, so, in essence, the next iteration of this is specific to this business at this TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 44 of 47 address. DAPAAH: Okay. GRAY: All we're doing today is modifying the ordinance to allow for the use of an S.U.P. in this application. TAVASSOLI: If approved. Yeah. DAPAAH: All right. All right. Thanks, Chair. Yeah. All right. Well, thank you. GRAY: Commissioner Kovacevic. KOVACEVIC: So if we pass this tonight, does the golf cart business have to then come in for a Special Use Permit? They have to go through that process after this? TAVASSOLI: Mr. Chairman, Commissioner, yes. The applicant would require to -- be required to apply for a Special Use Permit, and I'm not sure if the previous permit -- WESLEY: Chairman, Commissioner Kovacevic, so back in October when you considered this before, you postponed or set aside the Special Use Permit request waiting for this, so we are getting it scheduled for your January meeting for it to come back for its approval. GRAY: Commissioner Sveum. SVEUM: Is there a fee that he's going to have to pay for this S.U.P. application? TAVASSOLI: Mr. Chairman, Commissioner, no. Well, as John just said, we'll -- WOODWARD: He's already paid once. SVEUM: Oh, okay. Okay, so we're even. WOODWARD: He paid for both, the rezoning and the Special Use Permit. TAVASSOLI: Yeah. SVEUM: Great. GRAY: Okay. All in favor? WATTS: Well, wait. Was there a second? GRAY: No. There was no second yet. SVEUM: Second. GRAY: Commissioner Sveum seconds. So Commissioner Watts recommends approval with stipulation. Commissioner Sveum seconds. All in favor? TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 45 of 47 ALL: Aye. GRAY: Thank you. TAVASSOLI: Thank you. GRAY: All right. Straw poll. Do we want to continue on tonight or do we want to defer? What's our next agenda look like, John? WESLEY: So your January meeting at this point, the only thing I'm aware of is the Special Use Permit for the golf cart. Oh, we might have the Special Use Permits up in Plot 106 that we continued from a previous meeting. That may be back also. GRAY: Oh, the proposal. WESLEY: Yes. GRAY: Straw poll. We want to continue on tonight? Well, do you object if I take my straw poll? WESLEY: No. Chairman, this is early input discussion by the Commission, so if you'd rather not discuss it this evening, we can wait. GRAY: Well, I mean, I don't want to give you a memorable one. What do you guys think? Defer it? Okay. If you don't object, John, we'll defer that. WESLEY: Okay. GRAY: All right. So Agenda Item 6, we will, it's not a hearing, so we'll just defer, continue that to our next agenda. WESLEY: There's no notice. GRAY: For our next regularly scheduled meeting. Let's see, Number 6, discuss and provide -- no, Number 7, Commission discussion, request for research to staff. Anything for John? Commissioner Kovacevic. KOVACEVIC: Yeah. Just in response to the meeting tonight, where does it fall in the town to bring in broadband fiber underground? Who does that? WESLEY: Chair, Commissioner Kovacevic, at this point, it would be a private TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 46 of 47 industry that feels like it's economically feasible for them to do so. KOVACEVIC: Does somebody in the -- is there -- would that be Amanda that would solicit something like that from private industry, or who would do that? WESLEY: Either that or Public Works. KOVACEVIC: Okay. SVEUM: Or the utility in themselves. KOVACEVIC: Well, yeah, the utility. Obviously, if they saw it as in their interest. WATTS: Well, the interesting -- to your point, and we've talked about before, there's a number of grant-like programs and funds out there to support that effort if it's driven from the municipality. So I think that you're going down a path that we should probably promote, Mr. Mayor, sitting in the back row. KOVACEVIC: That's all I have. WATTS: But to your point, if we found some commercial, heavy commercial, industrial application campus-based, and we were supporters of doing that for that locale, that would be a good thing for economic development to promote. GRAY: Absolutely. Yeah. Chicken, egg, egg, chicken. WATTS: It would be. GRAY: All right, John. Reverse it. Anything for us? WESLEY: No, Chairman. Happy holidays. We've already discussed what we expect to be on your January meeting. So with that, Vice Chair Watts, we'll see you at another meeting. WATTS: Tomorrow night. GRAY: What happens? He goes to the end of the row when he moves up there to the big leagues? WESLEY: He'll decide that, doesn't he? GRAY: All right. John, Farhad, thank you. TAVASSOLI: Thank you, guys. TOWN OF FOUNTAIN HILLS DECEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 47 of 47 GRAY: We're adjourned. ITEM 5. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/13/2025 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Paula Woodward, Executive Assistant Staff Contact Information: Request to Planning and Zoning Commission (Agenda Language):   CONSIDERATION AND POSSIBLE ACTION  of Appointing a Chairperson to the Planning and Zoning Commission. Staff Summary (Background) Members of each board and commission shall elect a chair and vice chair from among its own members. Each chair and vice chair shall serve for one year and until such time as a successor is elected. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The vice chair shall perform the duties of the chair in the chair’s absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. (19-15, Added, 09/03/2019) The Fountain Hills Town Code is current through Ordinance 20-27, passed December 1, 2020. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Related Ordinance, Policy or Guiding Principle Risk Analysis Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) SUGGESTED MOTION MOVE to appoint _________ to serve as Chairperson for one year, effective January 13, 2025 through December 31, 2025. ITEM 6. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/13/2025 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Paula Woodward, Executive Assistant Staff Contact Information: Request to Planning and Zoning Commission (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Appointing a Vice Chairperson to the Planning and Zoning Commission. Staff Summary (Background) Members of each board and commission shall elect a chair and vice chair from among its own members. Each chair and vice chair shall serve for one year and until such time as a successor is elected. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The vice chair shall perform the duties of the chair in the chair’s absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. (19-15, Added, 09/03/2019) The Fountain Hills Town Code is current through Ordinance 20-27, passed December 1, 2020. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.  Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to appoint _________ to serve as Vice Chair for one year, effective January 13, MOVE to appoint _________ to serve as Vice Chair for one year, effective January 13, 2025 through December 31, 2025. ITEM 7. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/13/2025 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, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow vehicle sales with outdoor display at 15225 N. Fountain Hills Blvd.  Staff Summary (Background) The applicant has been operating a golf cart sales business at the northeast corner of Fountain Hills Boulevard and Glenbrook for over a year.  The Zoning ordinance allows display of golf carts for sale in the C-1 zoning district only through approval of a Special Use Permit.  The commercial block at the northeast corner of Fountain Hills Boulevard and Glenbrook Boulevard was zoned C-1 in County with the original zoning for Fountain Hills.  This block was platted in 1972 and the first development of the lots and buildings began in 1980.  There have been no changes to the buildings and parking since 2006. Lot 17, located at the corner of Fountain Hills Boulevard and Glenbrook Boulevard, is 29,913 square feet in size and contains one building of approximately 10,200 square feet.  The applicant is using suites 103, 104, and 105, totaling 4,400 sq. ft., for the golf cart sales business.  He is requesting the use of 4 - 6 of the parking spaces for display purposes. The surrounding zoning and land use pattern is:  North: C-1, vacant East: C-1, commercial buildings and day care; R-2, residential South: C-C, vacant (approved for residential) and commercial Southwest: R1-8, church West: R1-35, church Zoning Ordinance Requirement The change from a general retail center to a specific use includes consideration of the parking requirements.  A multi-tenant, group commercial building requires a minimum of one parking space for each 375 sq. ft. of gross floor area.  In this 10,200 sq. ft. building, 28 parking spaces are required, 40 are provided.  By specifying the use for vehicle sales with outdoor display, the specific parking requirement needs to be applied to those suites.  The vehicle sales parking requirement is 1 per 200 requirement needs to be applied to those suites.  The vehicle sales parking requirement is 1 per 200 square feet of gross floor area plus one per every 10 display spaces.  Twenty-three parking spaces are required for a vehicle sales use, not including the 4 -6 display spaces.  Sixteen spaces are required for the remaining group commercial space, for a total of 39 spaces required.  There are 40 parking spaces on this lot. This leaves only one parking space to be designated as a display space. Special Use Permit Requirements Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP.   Requests for consideration of a SUP are to include a project narrative describing the proposed use and reasons for it, a site plan, a Good Neighbor Statement, and a citizen participation plan and report.  These items as prepared by the applicant are attached.  Because the building is existing, the site plan is an aerial image and floor plans of the existing hotel suites.   Section 2.02 F. 1. d. of the zoning ordinance states: d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. Analysis This area was zoned and platted for commercial uses prior to the incorporation of the Town.  It is still the desire of the Town to have this be a successful commercial center.  As required by the Zoning Ordinance, the consideration for a recommendation of approval for the SUP, is based on:  1. Would the proposed vehicle display use be detrimental to the public health, safety, peace, or comfort of the neighborhood? 2. Would allowing vehicle display use of this property be detrimental or injurious to persons residing or working in the neighborhood? 3. Would allowing a vehicle display use be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the Town? The applicant has been using the property for golf cart sales for over a year, including some outdoor vehicle display.  Staff has not received any complaints or concerns about the use.  Staff has not identified any negative impacts on the neighborhood or Town as a result of allowing this business to operate at this location.  Given the ordinance requirements for parking, only one space could be designated and used as a display space. Citizens Participation The applicant sent notice to all property owners within 300' as required by ordinance.  A meeting was held on September 15 that could be attended in person or virtually.  No one attended the meeting, so there were no comments from the surrounding property owners regarding this request. Since sending out the public notice of the meeting, staff has not received any comments or questions from the public regarding this request. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02, Special Use Permits Zoning Ordinance Section 2.02, Special Use Permits Zoning Ordinance Chapter 7, Parking Zoning Ordinance Chapter 12, Commercial Zoning Districts Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) The Zoning Ordinance has been amended to allow display of golf carts in the C-1 Zoning District with approval of a Special Use Permit.  This request meets the standards set in the ordinance to be considered for approval.  The business has been operating at this location for over a year and has occasionally had outdoor display of the vehicles.  Staff has not received any complaints and has not observed any issues with the outdoor display.  Staff recommends approval. One question to resolve is the number and location of the outdoor vehicle display.  Per the ordinance, only one parking space can be devoted to a vehicle display space.  There is, however, a paved area at the south end of the parking lot which is too small to count as a parking space that could also be used as a display location.  This center is currently underutilized and there are many parking spaces available.  The applicant requested 4 - 6 spaces be used for display.  The SUP could authorize additional spaces to be used for display. SUGGESTED MOTION MOVE to recommend approval of SUP24-000006 subject to a stated maximum number of parking spaces to be used for display. Attachments Vicinity Map  Site Plan  Project Narrative  Good Neighbor Statement  Citizen Participation Plan  Citizen Participation Report  Vicinity CASE: SUP24-000006 SITE / ADDRESS: 15225 N FOUNTAIN HILLS BLVD APN 176-04-455 REQUEST: A SPECIAL USE PERMIT FOR VEHICLE SALES, (SUITES 103-105), WITH UP TO 6 PARKING SPACES FOR DISPLAY IN THE C-2 ZONING DISTRICT. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP24-000006SUP24-000006 FO U N T A I N H I L L S B L V D MC D O W E L L MO U N T A I N RD GLENBROOK BL V D I V O R Y D R EL PUEBLO BLV D PE A C H T R E E L N AL L E Y AL L E Y ALLEY Site Plan Suites 103, 104, and 105 No changes to existing development Spaces for up to a maximum of 6 display vehicles September 5, 2024 Town of Fountain Hills 16705 E Ave of the Fountains, Fountain Hills, AZ 85268 RE: Project Narrative for the SUP with a C2 rezoning The lot is not changing from existing standards. Christine, Sheppard, or Phyllis Krikorian- Meagher owner of real property located at 15225 E. Fountain Hills Blvd, proposes to apply for zoning change from C1 to C2 with SUP or C3.C3 is the preferred Zoning. The proposed property is an existing C-1 Neighborhood Commercial Professional District. Storefront which allows: “Sale of new and used automobiles, golf carts, all-terrain vehicles, and motorcycles are permitted in the C-1”. The Owner is requesting a zoning change for an existing tenant to allow them to have several golf carts displayed in the parking lot or under the awning away from egress points under the permitted uses of the C2 Zoning ordinances This is the request for the Special Use Permit that would ride along with the C2 Rezoning. C2 Rezoning with a SUP will allow for New and used automobiles, boats, golf carts, all-terrain vehicles, motorcycles, travel trailers, recreational vehicle sales and rental including indoor and/or outside display area, provided all sales and repair activities are conducted within a building. Please see the site plan showing the parking lot will remain functional to the building but allow for display of golf carts, while not impeding or interfering with any of the surrounding major roads, streets, adjacent lots, while maintaining proper egress of all units. This does not interfere with any direct residential area within the allotted radius of zoning or other Commercial Businesses. Fountain Hills Golf Carts is the only occupant in the structure and rents 3 spaces out of the 5 available. If approved Carts will be displayed on the back end and/ or front of parking lot contained within the property only during business hours, while leaving the majority of parking spaces open and available for any consumers and / or Emergency services. The landscape of the property will not be interfered with in any way. The residential area behind the is not in direct view of such displays. Thank you for your consideration and please let us know if you need any additional information. Paula Richards, For and on behalf of Christine Sheppard Date: September 13, 2024 Good Neighbor Statement a. The name and contact information of the property owner. Christine Sheppard TTE 6746 E. Montecito Ave Scottsdale, AZ 85251 313-333-7575 b. The name and contact information for the business. Ron Ricci / Fountain Hills Golf Carts 15225 E. Fountain Hills Blvd Fountain Hills, AZ 85268 602-882-2590 c. A commitment to place emergency contact information on the property in a location that is visible to the public. Fountian Hills Golf Carts and the property owner are committed to place emergency contact information on the property that is visible to the public d. A statement regarding how potentially negative impacts of the proposed use will be mitigated. Fountian Hills Golf Carts would ensure that the display of vehicles would in no way negatively impact the community and if any instance would arise, FHGC would immediately correct. e. A statement regarding a process for conflict resolution. If conflict should occur, FHGC would take action right away to get all parties together to discuss an amicable resolution. f. A statement regarding steps that will be taken to integrate into the surrounding neighborhood. FHGC carts is committed to ensuring that the needs of integrating in the surrounding neighborhood are always incorporated - the display of golf carts will be just that, displaying of golf carts for the purpose of generating a sale which in turn generates revenue for the town. The retail shopping center building has been in this area for over 44 years if not longer and the businesses in the past have displayed bicycles out front every day for over 15 years, with no impact on the community. Along with many bicyclists in the parking lot leaving their vehicles to ride their bikes to the McDowell Mtn Trailhead, also washing their bikes in the parking lot when they returned with no negative impact on the community, also leaving a covered parked trailer overnight for multiple years in the front parking lot before they moved to the location on Saguaro with no negative impact on the community or code enforcement. This area has several churches that display large banners out front and have events on regular basis, a preschool that has cars park along the alley way in the back of this retail center, an SRP power station, multiple empty lots where a lot of semi-trucks park their vehicles, and a restaurant that display’s a car with other art out front of their business, the liquor store papered with advertisements and displays covering the entire building. The display of golf carts would not dramatically change what this community has been used for many years and would easily integrate into the surrounding community. The display of Carts is really just to show the community the business is open. FGHC has been involved in many events in our community - every year they loan golf carts to the local middle school and high school to use for their homecoming events. Also, on a yearly basis FGHC donates the use of over a dozen carts for the Phoenix Children’s hospital benefit so they can prepare and monitor the event “Concourse in the Hills”. FHGC remains committed to this community and wants to continue running a successful business. As a resident and business owner of Fountain Hills to always maintain the integrity of our town. August 31, 2024 Town of Fountain Hills 16705 E Ave of the Fountains, Fountain Hills, AZ 85268 RE: Citizen Participation Plan 1)A list of residents, property owners, interested parties, political jurisdictions and public agencies which may be affected by the proposed development. The following are businesses or churches that would be closest to the existing retail center  See mailing list 2) How those interested in, and potentially affected by, a proposed development will be notified that such an application has been made. We will provide the existing businesses in the vicinity with a flyer describing the proposed rezoning and its purpose for the display of golf carts in front of the business. Hold a meeting at the business location and also with a Zoom meeting access. 3) How those affected or otherwise interested will be provided an opportunity to discuss the proposal. The above-mentioned flyer will contain a virtual meeting for all that are interested to join in to discuss the proposed rezoning for the purpose of displaying golf carts in front of business This project will not require any construction or changes to the existing lot and will not affect any existing business or residents in any way therefore a schedule is not applicable. We will inform Development Services Department with the report and a copy of the plan that was given to local businesses in the area and meetings held Thank you for your consideration and please let us know if you need any additional information. Paula Richards, For and on behalf of Christine Sheppard Re Zoning request mailing list Parcel Name mailing addres Address 1 176-02-679 S R P A I & P D 313 N 3RD AVE PHOENIX AZ USA 85003 15228 N IVORY DR FOUNTAIN HILLS 85268 srp lot 2 176-04-456 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 N/A Lot 3 176-04-439 MICELL LEONARD 11605 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16740 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 176-04-440 MICELL LEONARD 11606 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16744 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 176-04-441 MICELL LEONARD 11607 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16746 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 4 176-04-442 JFDC LIVING TRUST in care of ZLAKET ADEL F/NADA S TR 8994 E GRAY RD SCOTTSDALE AZ USA 85260 16748 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 5 176-04-443 KARP BRIAN A/CHRISTINA C 16678 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15253 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 6 176-04-444 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15251 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-445 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15243 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-446 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-447 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15247 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-448 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-809 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by shop 7 176-04-452 MCLEAN MICHELLE D/TERENCE M NILAND 901 AUGUSTA DR NAMPA ID USA 83686 15235 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants Submiting req. 176-04-451 KRIKORIAN PHILLIP TR 6746 E MONTECITO AVE SCOTTSDALE AZ USA 85251 15237 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants 176-04-455 KRIKORIAN PHILLIP TR 6746 E MONTECITO AVE SCOTTSDALE AZ USA 85251 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 FHGC - submitting request 8 176-04-798 TRAETTINO CHRISTOPHER A 6402 S 28TH ST PHOENIX AZ USA 85042 15241 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants 9 176-04-807 ZARRAGA JAIME JR/CALEB JAMES 9843 N 13TH PL PHOENIX AZ USA 85020 16754 E GLENBROOK BLVD FOUNTAIN HILLS 85268 Maskadores 10 176-04-808 FMS LLC FIVE 5917 E MARILYN RD SCOTTSDALE AZ USA 85254 16758 E GLENBROOK BLVD FOUNTAIN HILLS 85268 flapjacks 176-04-809 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 parking lot hand delivered 176-04 862 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 townhomes 1/2 back of lot hand delivered 176-04 860 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD UNIT 1 FOUNTAIN HILLS 85268 townhome 1 hand delivered 176-04-861 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD UNIT 2 FOUNTAIN HILLS 85268 townhome 2 11 176-02-688 LSM VENTURES LLC 829 EASTWOOD DR GOLDEN CO USA 80401 16805 E GLENBROOK BLVD FOUNTAIN HILLS 85268 homeacross street 12 176-04-687 THIN AIR LLC 15871 E EAGLEROCK DR FOUNTAIN HILLS AZ USA 85268 16741 E GLENBROOK BLVD FOUNTAIN HILLS 85268 empty lot 13 176-04-813 TRACT 106 PROPERTY OWNERS ASSN 11655 N 109TH ST SCOTTSDALE AZ USA 85259 16741 E GLENBROOK BLVD FOUNTAIN HILLS 85268 chruch parking lot 14 176-04-866 BARRY AND DEBRA MCBRIDE REVOCABLE TRUST 9249 N 102ND ST SCOTTSDALE AZ USA 85258 16751 E GLENBROOK BLVD FOUNTAIN HILLS 85268 chruch 7 Date: August 31, 2024 Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners, and nearby neighborhood associations of the special use permit application with a C2 rezoning. This plan will ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposal. Applicant: Paula Richard for and Behalf of Christine Sheppard, property Owner 15225 E. Fountain Hills Blvd Fountain Hills, AZ 85268 602-882-2958 email: pr12@cox.net Location: The property being considered for this Special Use Permit is located at 15225 E. Fountain Hills Blvd (see attached location map). The Town requires we notify all property owners in the area for both the re-zoning request and then the special use permit request . Owner is requesting a zoning change and special use permit for an existing tenant to allow them to have their golf carts displayed in the parking lot during business hours under the permitted uses of the C2 with special use permit to display vehicles outside, new and used golf carts, sales and rental including indoor and/or outside display area, provided all sales and repair activities are conducted within a building. Tenant is requesting to use only a few spaces for display of golf carts during business hours and or under the awning away from egress points. Action Plan: To provide effective citizen participation in conjunction with this application, the following actions will be taken to provide opportunities to understand and address any real or perceived impacts of the development that members of the community may have. 1. A contact list will be developed for citizens and HOA’s within 300’ of the project location. 2. All persons listed on the contact list will receive a letter describing the project, project schedule, site plan and invitation to a neighborhood meeting to be held at Fountain Hills Golf Carts and via Zoom (see details below)  The meeting will be an introduction to the project, and an opportunity to ask questions and state concerns. A sign-in list will be used, and comment forms provided. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report.  If a second meeting is required, details will be sent to all parties and will be provided to the Town with the Citizen Participation Report. 3. Presentations will be made to groups of citizens or neighborhood associations upon request. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report. 4. An email will be sent to the case planner following each of the scheduled meetings, and at any other time there is significant input to inform the staff of the progress of implementing the plan. Schedule: Mail flyers by 9/6/24 Neighborhood meeting 9/15/24 – 3PM at FH Golf Carts Paula Richards is inviting you to a scheduled Zoom meeting. Topic: FH Golf Cart rezoning Time: Sept 15, 2024 03:00 PM Arizona Join Zoom Meeting: Invite Link Invite Link Join Zoom Meeting https://us05web.zoom.us/j/82655372441?pwd=0L8anpah00vadYop6sMZl7aUgctblL.1 Meeting ID: 826 5537 2441 Passcode: 6dAGCj CiƟzen ParƟcipaƟon Report for Fountain Hills Golf Carts Specia Use permit and Re zone Case #: Permit #: SUP24-000006 / Project #: 22-000487 Date of Report: 10-1-24 Overview: This report provides results of the implementaƟon of the CiƟzen ParƟcipaƟon Plan for FHGC special use permit. This site is located at 15225 E. Fountain Hills Blvd Fountain Hills, AZ 85268. This report provides evidence that ciƟzens, neighbors, and interested persons have had adequate opportunity to learn about and comment on the proposed plans and acƟons addressed in the applicaƟon. Comments, sign-in lists, peƟƟons, leƩers, summary sheets, and other materials are aƩached. Contact: Paula Richards on Behalf of Ron Ricci and ChrisƟne Sheppard 15225 E. Fountain Hills Blvd Fountain Hills, AZ 85268 602-882-2958 email: pr12@cox.net Neighborhood MeeƟngs: The following are dates and locaƟons of all meeƟngs where ciƟzens were invited to discuss the applicant’s proposal [comments, sign in lists and other feedback are aƩached]; 1. 9/15/24 – for SUP & Rezoning permit FounƟan Hills Golf Carts , 3 P.M. to 3:30 P.M. - 0 CiƟzens in aƩendance; 0 virtually Correspondence and Telephone Calls: 1. 1st leƩers mailed to contact list (14) on 8/22/24 including all property owners and one HOA within 300’ 2. 2nd leƩers mailed to contact list on 9/5/24 3. 2 of those leƩers where hand mailed as well as the actually businesses in this area where hand delivered copies of this leƩer 4. Project published in the "Fountain Hills Times" newspaper on not sure of actual of date we paid for the town to post 5. Established website and other social media accounts related to the project on N/A 6. 9/15/24 meet with adjacent neighbors/ owners - no parƟcipants showed up on site to discuss the proposed August 31, 2024 Town of Fountain Hills 16705 E Ave of the Fountains, Fountain Hills, AZ 85268 RE: Citizen Participation Plan 1)A list of residents, property owners, interested parties, political jurisdictions and public agencies which may be affected by the proposed development. The following are businesses or churches that would be closest to the existing retail center  See mailing list 2) How those interested in, and potentially affected by, a proposed development will be notified that such an application has been made. We will provide the existing businesses in the vicinity with a flyer describing the proposed rezoning and its purpose for the display of golf carts in front of the business. Hold a meeting at the business location and also with a Zoom meeting access. 3) How those affected or otherwise interested will be provided an opportunity to discuss the proposal. The above-mentioned flyer will contain a virtual meeting for all that are interested to join in to discuss the proposed rezoning for the purpose of displaying golf carts in front of business This project will not require any construction or changes to the existing lot and will not affect any existing business or residents in any way therefore a schedule is not applicable. We will inform Development Services Department with the report and a copy of the plan that was given to local businesses in the area and meetings held Thank you for your consideration and please let us know if you need any additional information. Paula Richards, For and on behalf of Christine Sheppard Re Zoning request mailing list Parcel Name mailing addres Address 1 176-02-679 S R P A I & P D 313 N 3RD AVE PHOENIX AZ USA 85003 15228 N IVORY DR FOUNTAIN HILLS 85268 srp lot 2 176-04-456 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 N/A Lot 3 176-04-439 MICELL LEONARD 11605 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16740 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 176-04-440 MICELL LEONARD 11606 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16744 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 176-04-441 MICELL LEONARD 11607 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16746 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 4 176-04-442 JFDC LIVING TRUST in care of ZLAKET ADEL F/NADA S TR 8994 E GRAY RD SCOTTSDALE AZ USA 85260 16748 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 5 176-04-443 KARP BRIAN A/CHRISTINA C 16678 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15253 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 6 176-04-444 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15251 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-445 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15243 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-446 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-447 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15247 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-448 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-809 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by shop 7 176-04-452 MCLEAN MICHELLE D/TERENCE M NILAND 901 AUGUSTA DR NAMPA ID USA 83686 15235 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants Submiting req. 176-04-451 KRIKORIAN PHILLIP TR 6746 E MONTECITO AVE SCOTTSDALE AZ USA 85251 15237 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants 176-04-455 KRIKORIAN PHILLIP TR 6746 E MONTECITO AVE SCOTTSDALE AZ USA 85251 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 FHGC - submitting request 8 176-04-798 TRAETTINO CHRISTOPHER A 6402 S 28TH ST PHOENIX AZ USA 85042 15241 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants 9 176-04-807 ZARRAGA JAIME JR/CALEB JAMES 9843 N 13TH PL PHOENIX AZ USA 85020 16754 E GLENBROOK BLVD FOUNTAIN HILLS 85268 Maskadores 10 176-04-808 FMS LLC FIVE 5917 E MARILYN RD SCOTTSDALE AZ USA 85254 16758 E GLENBROOK BLVD FOUNTAIN HILLS 85268 flapjacks 176-04-809 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 parking lot hand delivered 176-04 862 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 townhomes 1/2 back of lot hand delivered 176-04 860 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD UNIT 1 FOUNTAIN HILLS 85268 townhome 1 hand delivered 176-04-861 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD UNIT 2 FOUNTAIN HILLS 85268 townhome 2 11 176-02-688 LSM VENTURES LLC 829 EASTWOOD DR GOLDEN CO USA 80401 16805 E GLENBROOK BLVD FOUNTAIN HILLS 85268 homeacross street 12 176-04-687 THIN AIR LLC 15871 E EAGLEROCK DR FOUNTAIN HILLS AZ USA 85268 16741 E GLENBROOK BLVD FOUNTAIN HILLS 85268 empty lot 13 176-04-813 TRACT 106 PROPERTY OWNERS ASSN 11655 N 109TH ST SCOTTSDALE AZ USA 85259 16741 E GLENBROOK BLVD FOUNTAIN HILLS 85268 chruch parking lot 14 176-04-866 BARRY AND DEBRA MCBRIDE REVOCABLE TRUST 9249 N 102ND ST SCOTTSDALE AZ USA 85258 16751 E GLENBROOK BLVD FOUNTAIN HILLS 85268 chruch 7 Date: August 31, 2024 Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners, and nearby neighborhood associations of the special use permit application with a C2 rezoning. This plan will ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposal. Applicant: Paula Richard for and Behalf of Christine Sheppard, property Owner 15225 E. Fountain Hills Blvd Fountain Hills, AZ 85268 602-882-2958 email: pr12@cox.net Location: The property being considered for this Special Use Permit is located at 15225 E. Fountain Hills Blvd (see attached location map). The Town requires we notify all property owners in the area for both the re-zoning request and then the special use permit request . Owner is requesting a zoning change and special use permit for an existing tenant to allow them to have their golf carts displayed in the parking lot during business hours under the permitted uses of the C2 with special use permit to display vehicles outside, new and used golf carts, sales and rental including indoor and/or outside display area, provided all sales and repair activities are conducted within a building. Tenant is requesting to use only a few spaces for display of golf carts during business hours and or under the awning away from egress points. Action Plan: To provide effective citizen participation in conjunction with this application, the following actions will be taken to provide opportunities to understand and address any real or perceived impacts of the development that members of the community may have. 1. A contact list will be developed for citizens and HOA’s within 300’ of the project location. 2. All persons listed on the contact list will receive a letter describing the project, project schedule, site plan and invitation to a neighborhood meeting to be held at Fountain Hills Golf Carts and via Zoom (see details below)  The meeting will be an introduction to the project, and an opportunity to ask questions and state concerns. A sign-in list will be used, and comment forms provided. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report.  If a second meeting is required, details will be sent to all parties and will be provided to the Town with the Citizen Participation Report. 3. Presentations will be made to groups of citizens or neighborhood associations upon request. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report. 4. An email will be sent to the case planner following each of the scheduled meetings, and at any other time there is significant input to inform the staff of the progress of implementing the plan. Schedule: Mail flyers by 9/6/24 Neighborhood meeting 9/15/24 – 3PM at FH Golf Carts Paula Richards is inviting you to a scheduled Zoom meeting. Topic: FH Golf Cart rezoning Time: Sept 15, 2024 03:00 PM Arizona Join Zoom Meeting: Invite Link Invite Link Join Zoom Meeting https://us05web.zoom.us/j/82655372441?pwd=0L8anpah00vadYop6sMZl7aUgctblL.1 Meeting ID: 826 5537 2441 Passcode: 6dAGCj ITEM 8. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/13/2025 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Planning and Zoning Commission (Agenda Language):  HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow ten (10) single family residential units on six (6) properties in a commercial subdivision (Plat 106) generally located 400 feet west of the northwest corner of Fountain Hills Blvd. and El Pueblo Blvd. (15012-15014-15016-15018-15020-15022-15026 N. Ivory Dr.) in the C-C (Community Commercial) zoning district.  Staff Summary (Background) The applicant is proposing 10 single-family residential units in the Community Commercial (C-C) district known as Plat 106, a commercial subdivision located at the northeast corner of Fountain Hills Boulevard and El Pueblo Boulevard. The units will be constructed on three different rows of adjoining parcels within the subdivision, which are east of the alley that transects the area from north to south. The preliminary plans offer homes of four (4) bedrooms each with 2.5 bathrooms, living room, kitchen and dining space with a back patio. Each unit will be about 1,325 sq. ft. with a 407 sq. foot tandem 2-car garage. Each building will be at a height of 25-feet. The 5,558 square foot lot to the north will need to be re-platted from one to four lots of at least 1,125 square feet to accommodate four units. General Plan The General Plan includes the following Goals and Policies: Neighborhoods Element GOAL 2: Support a housing strategy that encourages a broad range of quality housing types to address current and future housing needs and to support long-term economic vitality. POLICIES  1. Encourage a broad range of housing types affordable to all income ranges and age groups in a manner compatible with adjacent development. 2. Encourage a range of housing types and residential densities and maintain consistency with the existing character of infill areas in conformance with criteria provided in Table 1: Character Areas Plan. 5. Direct higher-density residential and mixed-used development to the Town Center and redevelopment areas such as Shea Corridor as opportunities arise. Character Areas Element Character Areas Element GOAL 1: Encourage future development, redevelopment and infill in a manner that will maintain and protect existing neighborhoods, the Town’s economic health, community well-being, and natural environment. POLICIES 1. Achieve and maintain a diverse and sustainable land use mix consistent with our small-town character that supports thriving neighborhoods, environment and economy by attracting and retaining revenue-generating uses that: a. Enhance the Town’s economic vitality; and b. Increase the Town’s revenue base to maintain quality infrastructure, services and amenities. GOAL: 2: Development, redevelopment and infill support Fountain Hills' small-town identity and the distinct character of each area while fostering long-term viability. POLICIES 3. Support a mix of residential, employment, and commercial uses at densities and intensities and in the development form that reflect the small-Town character of Fountain Hills. 5. Strongly encourage a wide range of housing types, densities and prices to support the current and projected populations (particularly families and working professionals) and to ensure the future stock of affordable housing for all income ranges.  6. Require that development, redevelopment, and infill conform with Exhibit 2, Character Areas Plan map, and Table 1. Section III of the General Plan includes information on the Character Areas in the Town.  This small commercial area at El Pueblo and Fountain Hills Boulevards was included as part of the surrounding Neighborhood character type.  More specifically, this area is considered a Mixed Neighborhood with smaller lots and a mix of non-residential uses.  This existing commercial area is intended to remain a low intensity area with any further development or redevelopment consistent with the surrounding neighborhood.  Allowing the proposed residential use within this commercial area would be consistent with the intent of the Plan for this area. Analysis Staff appreciates the proposal as an opportunity for infill on a site that has been underutilized for over 50 years. However, Staff identified several design concerns regarding the cottages as proposed:  The row of four cottages to the north offer balconies that look over the alley and the rear yard of the neighboring property, which adds little value to the housing product. 1. The building footprint for Lot A along the above-mentioned row virtually touches the property line at the corner. Although the C-C zoning district allows for a zero-foot building setback, this arrangement presents some line-of-site concerns for two adjacent alleys. Furthermore, it appears the balcony might hang over the property line. For the western lot next to the alley on the north side, access to and from the garage may be challenging.  2. It is unclear how trash will be collected and how mail will be received. The applicant has mentioned the possibility of individual trash bins for each unit, but this presents challenges for solid waste collection vehicles considering the width of the alleys, where the receptacles would need to be placed for pick-up, and limited area to store the receptacles. Until this is resolved, trash will need to be placed in one of two enclosures on the property, the closest of which is about 230 feet from the furthest cottage. 3. The two existing common parking areas would serve as guest parking, which may not be most convenient. The alleys are too narrow for off-street parking, but that may not discourage drivers 4. convenient. The alleys are too narrow for off-street parking, but that may not discourage drivers from parking there unless it is expressly prohibited by signage. No paved access is shown from the common parking areas to the individual units.  These improvements would be on the Plat 106 POA property and would need ot be approved by that organization. There are no outdoor amenities included with the proposal, such as pocket parks or tot lots, and the balconies and patios are rather small. 5. Good Neighbor Statement Given the nature of the use, the applicant has provided a good neighbor statement. The common parking area was included in the final plat and fulfills the required parking for fully built-out conditions in Plat 106. Although this site is zoned C-C, covered parking for two cars would have been required if the site were zoned for single-family residential. The applicant is proposing a tandem garage for each unit, but staff is concerned that the length of the tandem garages might be too short, considering that the required dimensions for a parking stall are 9' x 19', and the garages appear to be shorter than 38 feet. It should be noted that the applicant's initial proposal included only one carport for each unit, and responded to staff's comment to include covered parking for at least two vehicles. Upon finding that this might present some physical design constraints, especially after factoring in adequate clearance requirements between the garage door and the adjacent alleys, staff offers Commission an option to waive the requirement for two-car parking along with any recommendation for approval. Citizen Participation The applicant provided a Citizen Participation Plan as part of his application.  That plan included sending letters to all property owners within 300' and holding two meetings on October 11 and October 15, 2024.  The letter described the project, provided contact information for any residents who had questions and offered to meet with residents if desired. A Citizen Participation Report was received on October 17, 2024.  Three property owners from Plat 106 attended the meeting.  Those individuals asked questions for clarification and information was provided.  There was some concern that residents of this development would overall accessibility to Plat 106 and use the parking on the adjacent properties.  The report states that after the discussion, all were in favor of the project. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020 Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in Commercial Zoning Districts Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff supports the proposed use as an infill opportunity for Plat 106, which is vastly underutilized. Staff supports the proposed use as an infill opportunity for Plat 106, which is vastly underutilized. However, staff's analysis presents some significant design concerns that bring focus to the value of the project and the quality of life for its tenants. Therefore, staff recommends either (1) denial of the request as proposed, or (2) that the case be continued to allow the applicant to address the staff's and/or the Commission's design concerns before being brought back for reconsideration. SUGGESTED MOTION MOVE to deny the Special Use Permit as proposed to allow ten (10) single family residential units on six (6) properties in a commercial subdivision (Plat 106) generally located 400 feet west of the northwest corner of Fountain Hills Blvd. and El Pueblo Blvd. (15012-15014-15016-15018-15020-15022-15026 N. Ivory Dr.) in the C-C (Community Commercial) zoning district. Staff is available to provide suggestions for language to include in the motion. Attachments Case Map  Aerial Photo  Narrative, Citizen Participation Report, and Site Plan  Good Neighbor Statement  Citizen Participation Plan  Vicinity CASE: SUP24-000004 SITE / ADDRESS: 15012-15014-15016-15020-15022 & 15026 N. IVORY DR (15012) APN 176-04-704A, (15014) APN 176-04-705A, (15016) APN 176-04-806, (15020) APN 176-04-708A, (15022) APN 176-04-709A, (15026) APN 176-04-711A REQUEST: A SPECIAL USE PERMIT TO ALLOW UP TO (10) SINGLE FAMILY RESIDENTIAL DWELLINGS ON SIX (6) PARCELS IN THE C-C (COMMUNITY COMMERCIAL) ZONING DISTRICT. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP24-000004SUP24-000004 N F O U N T A I N H I L L S B L V D E GLENBROOK B L V D E EL PUEBLO BL V D ALLEY E A L A M O S A A V E N I V O R Y D R BA L B O A W A S H E OXFORD D R AL L E Y N K I N G S W A Y Subject Properties LOCATION MAP 15012-15014-15016-15018-15020-15022-15026 E. Fountain Hills Blvd. Pueblo Cottages CPL - Final Report El Pueblo @ Foutain Hills 15043 N. Fountain Hill Blvd October 17, 2024, Overview: El Pueblo @ Fountain Hills is an envisioned opportunity to provide accessible, affordable housing, and live/workspace in an area where it is certainly needed. The proposed project is an imaginative, intelligent use of infill space that would benefit the community by delivering 10 two-story single-family dwellings. The homes are 4 bedrooms each with 2.5 bathrooms, living room, kitchen and dining space with a back patio about; a total of 1325 sqft with a 407 sqft tandem 2-car garage. The project is situated in underutilized and undeveloped vacant plots that sit between actively used properties. The development of this space could serve the community in many ways including live/workspace for young and active adults, such as teachers, artists, and small business owners. Site Context: The individual property is about 1,125 sqft in C-C zoning district designated for neighborhood commercial with 25 feet maximum building height, allowing for 100% lot coverage. The entire project will be in 6 separate lots: 18. 19, 20a, 22, 23, & 25 each with a 2-story cottage. The single-family homes with a tandem 2- car garage will be an alternative dwelling to the approved neighboring condos. We are requesting a special use permit based on the zoning district to house the proposed uses. Imagery & Design: The project is carefully designed to blend in with the surrounding community with a combination of flat roofs and tiled roofs that match the surrounding structures, earth tone color choices, and a combination of stucco, metal and smart siding exteriors, and design features that are aesthetically pleasing. Most of the design features are borrowed from neighboring buildings. Action Plan: To provide adequate citizen participation, we hosted a zoom meeting to explain and address any impact of the project on the community. •A contact list of property owners within 300 feet of the property based on Maricopa County accessor map was developed. •A letter of invitation to participate in a public information meeting about the proposed development was sent on Sept 27th, 2024, prior to the public information meeting scheduled for Oct 15th, 2024, by 6:00 pm AZ on ZOOM •A Zoom meeting was scheduled 34 days before the city council meeting on 11/18/24. • The invitation included copies of color rendering of the proposed design, elevations, floor plans, and site plan for the project. • A presentation was made to groups of citizens, property owners, and comments, and resolutions are stated in the final citizen participation report and submitted to the case planner at the end of the meeting to inform staff of the progress of the implementation plan. Final Report: Findings: An in-person and a zoom meeting were conducted to inform the community about the proposed project, providing opportunities for input from the citizens and business owners. The in-person meeting was held with the POA of track 106 on 10/11/2024 by 2:00 pm at the Desert Creek Fellowship Church located at 15024 N. Ivory Dr. Fountain Hills, AZ 85268. The meeting was attended by Rod Warembourg, Barry McBride, Diane Schneider, and Wilson Ejim. The project presentation includes color rendering of the building elevations, site plans, and floor plans. The benefits of the project and the project’s impact on surrounding communities were presented. The attendees embraced the project and expressed their full support for the development if the following concerns are met. 1. The plan should provide access to lot 20a that benefits all parties. 2. The driveway to lot 22 and 23 as shown on the site plan will displace 3 existing parking spaces. The 3 parking spaces should be replaced at the developer’s expense. 3. The developer should have a solid waste management agreement with the existing owners to share the costs and maintenance of the existing trash collection center. 4. The undeveloped Alley to the north of lot 25 should be addressed. The 2nd meeting was held on October 15, 2024, on zoom. A total of 9 invitation letters were mailed to residents and businesses within a 300 feet radius of the properties. Out of the 9 letters, 2 were returned undelivered. The meeting started at 6:00 pm and concluded at 7:00 pm. Besides Wilson Ejim, principal of Design Group, the architectural firm of the project, no one else was present at the meeting. Though some of those who were present at the in-person meeting expressed that they may not be attending zoom meetings since their concerns have been discussed at the in-person meeting. The zoom meeting ended by 7:00 pm Resolutions: As regards the findings and issues raised in the meetings, the following were proposed as possible solutions: 1. Access to the lot 20a: It was agreed that the driveway will be paved from the parking lot south of the lot 23 to the Alley, north of lot 20a to provide access to lot 20a 2. Parking Spaces: Drive access to lot 22 and 23 will result in the loss of 3 parking spaces, hence it was agreed that addition 3 parking spaces will be provided by the existing landscape area close to the trash collection area at developer’s cost 3. Solid Waste collection: The proposed agreement is to share the cost and maintenance of the existing trash collection and solid waste management with the current owners. 4. The undeveloped Alley north of lot 25: It was unanimous to seek the vacation of the public Alley from the city in effort to maintain the space. After the in-person meeting, a zoom meeting was scheduled with the City Staff: John Wesley and Farhad Tavassoli on 10/14/2024 by 11:00 am to discuss the findings, examine the citizens’ concerns, and our recommendations for the final report to the staff and P/Z board for further review. 1 Citizen Participation plan The proposed project will seek to maintain good relationships with neighbors by encouraging residents to avoid any gathering or partying after 10 pm at night. Moreover, littering around the property, leaving trash, or hanging clothing on the balconies will be prohibited. Residents will be required to maintain some level of decorum, abiding by the CC&R of plat 106 development. These conditions and restrictions will be included as part of an agreement to purchase or reside in the property. Citizen Participation Plan El Pueblo @ Foutain Hills 15043 N. Fountain Hill Blvd The following steps will be taken to get the public’s input on the proposed project and support for the special used permit application. • A letter of invitation to participate in a public information meeting about the proposed development will be sent 10 days prior to the meeting. • The meeting will be held at 6:00 pm AZ time, 30 days before the city council meeting with a public sign on site 15 days before. • The letter will include a ZOOM link for the virtual meeting, several colorful renderings of the proposed project, and a description of the project, potential challenges, and how these issues will be addressed. • The invitation letter will be sent to homeowners within 300 feet of the property 30 days before the meeting. • A screen shot map of residents within the 300 feet radius is also included. ITEM 9. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/13/2025 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Planning and Zoning Commission (Agenda Language):  HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow four (4) multi-family buildings containing 3 dwellings each on four (4) adjacent 1,250 square-foot parcels generally located 200 feet east of the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. (15037-15039-15041-15043 N. Fountain Hills Blvd.) in the C-C (Community Commercial) zoning district. Staff Summary (Background) The applicant is proposing a small multifamily development on four abutting 1,250 square-foot parcels in the Community Commercial (C-C) district known as Plat 106, a commercial subdivision located at the northeast corner of Fountain Hills Boulevard and El Pueblo Boulevard. Staff originally presented this request to the Commission at their regular meeting on November 18, 2024. However, following the presentation, it was apparent that the applicant was not in the council chamber to answer questions from the Commission. Consequently, the Commission voted to continue the meeting to January 13, 2025. The preliminary plans show one two-story building on each parcel.  Each building will contain three residential units. The first floor of each unit contains a one-bedroom and a two-bedroom floor plan. The second floor will contain a larger two-bedroom floor plan. The applicant has provided a rendering showing facade treatment, wall articulation, and other modern architectural elements. The buildings will be a maximum of 25 feet tall, as is the limitation for the Community Commercial zoning district. Each building footprint will cover approximately 966 square feet. Eight feet will separate the middle two buildings, while the outer buildings have four-foot separation. The property owner has identified senior citizens as the target market for all 12 rental units. Although the owner might administer concierge and cleaning services from outside vendors, none of the buildings will operate as assisted living homes, nor does this special use permit entitle the applicant to operate such a facility.  The ingress/egress will be provided at El Pueblo Boulevard via one driveway and one alleyway, each 30 feet wide. A walkway will be provided within the 30-foot wide common area to the north.  30 feet wide. A walkway will be provided within the 30-foot wide common area to the north.  Common parking for Plat 106 is provided at the immediate northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. The common parking area was included in the final plat and fulfills the required parking for fully built-out conditions in Plat 106.  General Plan The General Plan includes the following Goals and Policies: Neighborhoods Element GOAL 2: Support a housing strategy that encourages a broad range of quality housing types to address current and future housing needs and to support long-term economic vitality. POLICIES  1. Encourage a broad range of housing types affordable to all income ranges and age groups in a manner compatible with adjacent development. 2. Encourage a range of housing types and residential densities and maintain consistency with the existing character of infill areas in conformance with criteria provided in Table 1: Character Areas Plan. 5. Direct higher-density residential and mixed-used development to the Town Center and redevelopment areas such as Shea Corridor as opportunities arise. Character Areas Element GOAL 1: Encourage future development, redevelopment and infill in a manner that will maintain and protect existing neighborhoods, the Town’s economic health, community well-being, and natural environment. POLICIES 1. Achieve and maintain a diverse and sustainable land use mix consistent with our small-town character that supports thriving neighborhoods, environment and economy by attracting and retaining revenue-generating uses that: a. Enhance the Town’s economic vitality; and b. Increase the Town’s revenue base to maintain quality infrastructure, services and amenities. GOAL: 2: Development, redevelopment and infill support Fountain Hills' small-town identity and the distinct character of each area while fostering long-term viability. POLICIES 3. Support a mix of residential, employment, and commercial uses at densities and intensities and in the development form that reflect the small-Town character of Fountain Hills. 5. Strongly encourage a wide range of housing types, densities and prices to support the current and projected populations (particularly families and working professionals) and to ensure the future stock of affordable housing for all income ranges.  6. Require that development, redevelopment, and infill conform with Exhibit 2, Character Areas Plan map, and Table 1. Section III of the General Plan includes information on the Character Areas in the Town.  This small commercial area at El Pueblo and Fountain Hills Boulevards was included as part of the surrounding Neighborhood character type.  More specifically, this area is considered a Mixed Neighborhood with smaller lots and a mix of non-residential uses.  This existing commercial area is intended to remain a low intensity area with any further development or redevelopment consistent with the surrounding neighborhood.  Allowing the proposed residential use within this commercial area would be consistent with the intent of the Plan for this area. However, although the use appears to be appropriate for the area, staff is concerned about the housing product being offered. The distance between the units appear to be very narrow in some areas, and the square footage of some of the units are quite small, especially the two units on the first floor. Furthermore, considering the target demographic is the aged, the lack of elevators may not be attractive to some. The Commission may recommend changes to the design to address these concerns and other identifiable design issues prior to approval.although the use appears to be appropriate for the area, staff is concerned about the housing product being offered. The distance between the units appear to be very narrow in some areas, and the square footage of some of the units are quite small, especially the two units on the first floor. Furthermore, considering the target demographic is the aged, the lack of elevators may not be attractive to some. The Commission may recommend changes to the design to address these concerns and other identifiable design issues prior to approval. Ordinance Requirements The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning districts with the approval of a SUP.  Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP.  Section 2.02 F. 1. d. of the zoning ordinance states:   d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. This area was zoned and platted prior to incorporation of the Town for commercial uses.  It is still the desire of the Town to have this be a successful commercial center.  The questions become: Would allowing residential use of this prominent corner be detrimental to the desired commercial activity? 1. Would the residential use be detrimental to the public health, safety, peace, or comfort of the neighborhood? 2. Is the residential use being designed and established in a manner that creates a desirable living environment in a manner compatible with the adjacent development and meets the goal of providing a recognizable entry to the Town? 3. A review of this property shows that over its almost 50-year history it has not fully developed and has largely been underutilized.  Facilitating the development by allowing a mix of uses will help to improve the overall quality of the development by introducing new buildings and additional activity on the property.  More people living nearby can provide customers to the businesses.  Two SUP's have already been approved in this development to allow residential uses, one of which is under construction.  In June 2023, a special use permit was approved for ten residential units on the 0.69 acre parcel at the southeast corner of Fountain Hills Blvd. and Glenbrook Drive. The C-C zoning district allows buildings up to 25' tall.  Plat 106 is zoned C-C and built with commercial buildings and a parking lot.  Further east along El Pueblo Blvd. are residential uses.  There is one existing two-story building to the east and one is under construction at the corner of El Pueblo and Ivory.  Two-story dwellings have been approved for the vacant property in the northeast corner of Plat 106 along Ivory.  The property across El Pueblo Blvd. to the south is zoned C-1 and was recently acquired by Scottsdale Bible Church for their expansion plans.  The main church campus is across Fountain Hills Blvd. to the west. Following approval of the SUP, the applicant will prepare a final site plan as required by Sec. 2.04 of the Zoning Ordinance for review and approval by staff. Good Neighbor Statement Given the nature of the use, the applicant has provided a good neighbor statement. Citizen Participation The applicant provided a Citizen Participation Plan as part of his application.  That plan included sending letters to all property owners within 300' and holding two meetings on October 11 and October 15, 2024.  The letter described the project, provided contact information for any residents who had questions and offered to meet with residents if desired. A Citizen Participation Report was received on October 17, 2024.  Three property owners from Plat 106 attended the meeting.  Those individuals asked questions for clarification and information was provided.  There was some concern that residents of this development would overall accessibility to Plat 106 and use the parking on the adjacent properties.  The report states that after the discussion, all were in favor of the project. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020 Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in Commercial Zoning Districts   Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) This request was first presented to the Commission at their regular meeting on November 18, 2024. After it was apparent that the applicant was not present, the Commission voted 6 to 0 to continue the case until the January 13, 2025 meeting. Despite the applicant's unavailability, the Commission shared some significant concerns about the project as proposed, including:  The staircase as being the only option for access to the second floor, especially when considering the aged as the target demographic; 1. Details about the leasing arrangement between the owner and the tenants:2. The tight separation between the buildings (as little as 4-feet) and the accessibility issues they present, although the Fire Marshal did not comment on the separation distance during his review; 3. No option for private parking, as all parking for Plat 106 is provided in the common parking areas; 4. No details regarding outdoor lighting to address public safety concerns; and5. Lack of aesthetic detail provided by the oblique color rendering.6. The applicant has reviewed the video footage following the November 18th meeting. Staff echoes the validity of these concerns, but the applicant has not revised the plans after reviewing the recorded footage of the November meeting. However, he stated he will be prepared to address these concerns at the January 13th meeting.   Staff Recommendation(s) As mentioned earlier, although the use appears to be appropriate for the area, staff is concerned about the housing product being offered. The distance between the units appear to be very narrow in some areas, and the square footage of some of the units are quite small, especially the two units on the first floor. Furthermore, considering the target demographic is the aged, the lack of elevators may not be attractive to some. The Commission may recommend changes to the design to address these concerns and other identifiable design issues prior to approval. It should be noted that the applicant will be required to submit for administrative site plan review if this SUP is approved, and staff will review for compliance with any stipulations for approval. In summary, staff is not necessarily opposed to the proposed use, but advises either (1) the applicant make modifications to the preliminary site plan and present them again to the Commission for consideration at a later date, or (2) the addition of stipulations for approval that address the above issues related to the housing product. Otherwise, staff recommends denial of the request as proposed. SUGGESTED MOTION MOVE to deny the Special Use Permit, as currently proposed, to allow four (4) multi-family buildings containing 3 dwellings each on four (4) adjacent 1,250 square-foot parcels generally located 200 feet east of the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. (15037-15039-15041-15043 E. Fountain Hills Blvd.) in the C-C (Community Commercial) zoning district. Staff is available to offer suggestions for the proposed language in the motion. Attachments Case Map  Aerial Photo  Narrative, Citizen Participation Report and Site Plan  Citizen Participation Plan  Good Neighbor Statement  Vicinity CASE: SUP24-000003 SITE / ADDRESS: 15037-15039-15041-15043 N FOUNTAIN HILLS BLVD (15037) APN 176-04-699A, (15039) APN 176-04-698A, (15041) APN 176-04-697A, (15043) APN 176-04-696A REQUEST: A SPECIAL USE PERMIT TO ALLOW UP TO (4) MULTI-FAMILY BUILDINGS CONTAINING 3 DWELLINGS EACH ON FOUR (4) ADJACENT 1,250 SF PARCELS IN THE C-C (COMMUNITY COMMERCIAL) ZONING DISTRICT. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP24-000003SUP24-000003 N F O U N T A I N H I L L S B L V D E GLENBROOK B L V D E EL PUEBLO BL V D ALLEY E A L A M O S A A V E N I V O R Y D R BA L B O A W A S H E OXFORD D R AL L E Y N K I N G S W A Y Subject Property LOCATION MAP 15037-15039-15041-15043 N. Fountain Hills Blvd. Home of the Aged CPL - Final Report El Pueblo @ Foutain Hills 15043 N. Fountain Hill Blvd October 17, 2024, Overview: El Pueblo @ Fountain Hills is an envisioned opportunity to provide accessible, affordable housing, and live/workspace in an area where it is certainly needed. The proposed project is an imaginative, intelligent use of infill space that would benefit the community by delivering 4 two- story multi-family residences for seniors - restricted aged housing. The homes for the aged are about 1932 sqft each with 3 apartments each providing 1, and 2 two-bedroom units with kitchen, a bathroom, living, and dining spaces. The project is situated in underutilized and undeveloped vacant plots that sit between actively used properties. The development of this space could serve the community by providing independent living seniors because of its proximity to Mayo Clinic. Site Context: The property is about 1,125 sqft in C-C zoning district designated for neighborhood commercial with 25 feet maximum building height, allowing for 100% lot coverage. The entire project will be on 4 separate lots, lots 10, 11, 12, & 13 each with a 2-story building. They will be homes for the aged with 6 beds and a required 1.5 parking space for each cottage. A total of 6 parking spaces are required, which are provided by existing Tract 106’s community parking spaces. We are requesting a special use permit based on the zoning district to house the proposed uses. Imagery & Design: The project is carefully designed to blend in with the surrounding community with a combination of flat roofs and tiled roofs that match the surrounding structures, earth tone color choices, and a combination of stucco, metal and smart siding exteriors, and design features that are aesthetically pleasing. Most of the design features are borrowed from neighboring buildings. Action Plan: To provide adequate citizen participation, we hosted a zoom meeting to explain and address any impact of the project on the community. •A contact list of property owners within 300 feet of the property based on Maricopa County accessor map was developed. •A letter of invitation to participate in a public information meeting about the proposed development was sent on Sept 27th, 2024, prior to the public information meeting scheduled for Oct 15th, 2024, by 6:00 pm AZ on ZOOM •A Zoom meeting was scheduled 34 days before the city council meeting on 11/18/24. •The invitation included copies of color rendering of the proposed design, elevations, floor plans, and site plan for the project. • A presentation was made to groups of citizens, property owners, and comments, and resolutions are stated in the final citizen participation report and submitted to the case planner at the end of the meeting to inform staff of the progress of the implementation plan. Final Report: Findings: An in-person and a zoom meeting were conducted to inform the community about the proposed project and a sister project for the unrestricted age, providing opportunities for input from the citizens and business owners. The in-person meeting was held with the POA of track 106 on 10/11/2024 by 2:00 pm at the Desert Creek Fellowship Church located at 15024 N. Ivory Dr. Fountain Hills, AZ 85268. The meeting was attended by Rod Warembourg, Barry McBride, Diane Schneider, and Wilson Ejim. The project presentation includes color rendering of the building elevations, site plans, and floor plans. The benefits of the project and the project’s impact on surrounding communities were presented. The attendees embraced the project and expressed their full support for the development if the following concerns are met. 1. The developer should have a solid waste management agreement with the existing owners to share the costs and maintenance of the existing trash collection center. 2. If possible, the developer should find ways to address the occasional traffic congestion at the corner of El Pueblo and the Alley- public right of way. The traffic congestion is resulting from the drive through window of the existing liquor store The 2nd meeting was held on October 15, 2024, on zoom. A total of 9 invitation letters were mailed to residents and businesses within a 300 feet radius of the properties. Out of the 9 letters, 2 were returned undelivered. The meeting started at 6:00 pm and concluded at 7:00 pm. Besides Wilson Ejim, principal of Design Group, the architectural firm of the project, no one else was present at the meeting. Though some of those who were present at the in-person meeting expressed that they may not be attending zoom meetings since their concerns have been discussed at the in-person meeting. The zoom meeting ended by 7:00 pm Resolutions: As regards the findings and issues raised in the meetings, the following were proposed as possible solutions: Solid Waste collection: The proposed agreement is to share the cost and maintenance of the existing trash collection and solid waste management with the current owners. After the in-person meeting, a zoom meeting was scheduled with the City Staff: John Wesley and Farhad Tavassoli on 10/14/2024 by 11:00 am to discuss the findings, examine the citizens’ concerns, and our recommendations for the final report to the staff and P/Z board for further review. 1 Citizen Participation Plan El Pueblo @ Foutain Hills 15043 N. Fountain Hill Blvd The following steps will be taken to get the public’s input on the proposed project and support for the special used permit application. • A letter of invitation to participate in a public information meeting about the proposed development will be sent 10 days prior to the meeting. • The meeting will be held at 6:00 pm AZ time, 30 days before the city council meeting with a public sign on site 15 days before. • The letter will include a ZOOM link for the virtual meeting, several colorful renderings of the proposed project, and a description of the project, potential challenges, and how these issues will be addressed. • The invitation letter will be sent to homeowners within 300 feet of the property 30 days before the meeting. • A screen shot map of residents within the 300 feet radius is also included. Citizen Participation plan The proposed project will seek to maintain good relationships with neighbors by encouraging residents to avoid any gathering or partying after 10 pm at night. Moreover, littering around the property, leaving trash, or hanging clothing on the balconies will be prohibited. Residents will be required to maintain some level of decorum, abiding by the CC&R of plat 106 development. These conditions and restrictions will be included as part of an agreement to purchase or reside in the property. ITEM 10. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 01/13/2025 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):  DISCUSS AND PROVIDE COMMENTS ON: First draft of a proposed new Downtown Overlay District.  Staff Summary (Background) In October, the Town Council approved an updated Downtown Strategy.  The goal of the updated strategy is to provide the framework for continued improvements to the downtown area to make it a vibrant, active commercial district serving the needs of the Town and visitors.   The Strategy was developed following a series of focus group meetings, community surveys, and an open house.  Public input was used throughout the process to determine the priorities that should be implemented to address the needs of the community.   With regards to land use, there was a strong desire among those who participated to see the Avenue as a more vibrant entertainment and shopping area, to see better use and maintenance of the vacant properties, allow for an increase in residents in the area, and to see an expansion of the uses available in the area north of Palisades to address employment needs.   Currently, the area bounded by the Avenue, La Montana, and Saguaro is zoned C-2, Intermediate Commercial.  The area from the Avenue to Palisades also has two overlay districts which modify the underlying zoning rules: the Entertainment Overlay, and the Planned Shopping Plaza Overlay.  Applying two similar zoning overlays in this one area creates some confusion in understanding and applying the zoning regulations.    To address the goals of the Strategy and to simplify the zoning rules, staff is proposing to combine the two existing overlays into one new overlay called the Downtown Overlay District.  A copy of the proposed ordinance and the current zoning requirements are attached for your review.  It is also anticipated that the new overlay will be extended to include the area north of Palisades.   The draft new ordinance divides the entire area into three districts to allow for slightly different regulations in each area (see attached map).  Following is a brief overview of the key provisions of the new ordinance with the changes from the current regulations. The Innovation District  Continues to permit all the same uses currently listed. Except for residential uses, does not allow the uses which require a Special Use Permit as provided in Sections 12.03 and 12.05. Does allow by right a few of the uses that would have required a Special Use Permit and some that were not allowed to include:  Laboratories, (research, experimental and testing). Manufacture and assembly of nonhazardous and nontoxic materials. Light assembly and storage as an accessory use if all the following criteria are met: a. Any assembly, or storage areas associated with assembly activities, shall not occupy more than fifty (50%) percent of enclosed building space used for the business; and, b. There shall be no use of hazardous materials involved in the assembly operation(s).    The Business District  The allowed uses in this District are increased by clearly allowing all of the office uses allowed Section 12.02 A of the zoning ordinance. This District does not restrict the ground floor uses. The allowed residential density will increase from 8 units per acre to 15 units per acre.  Ground floor residential and density higher than 15 units per acre can be considered through a Special Use Permit.   The Avenue District  The same uses are allowed, but the ordinance will limit the ground floor uses to active retail, restaurant, bar, entertainment, and similar uses.  Office uses will not be allowed on the ground floor.  Existing offices will be able to continue to operate and will be “grandfathered” in.  Only when a tenant space becomes vacant would the ordinance require compliance with the new use regulations. The allowed density by right for residential use will increase from 8 dwelling units per acre to 15 dwelling units per acre.  Increases above 15 units per acre will require Council approval of a Special Use Permit.  In this area, ground floor residential will not be allowed. Except for residential uses, the uses allowed through approval of a Special Use Permit as listed in Sec. 12.03 will no longer be an option in this District.  The uses that will no longer be available due to this change are:  Amusement park, arcade, drive-in theater, or outdoor theater, miniature golf course, and golf driving range. Cemetery, pet cemetery, and mausoleum. Community residences subject to the requirements in Section 5.13, nursing home, homes for the aged, convalescent home. Kennels, indoors or outdoors. Sports arenas. In addition to the listed items above, the ordinance makes provision for allowing temporary uses on vacant land in all of the Districts.  The details of how this will function are to be worked out by the Town Engineer and the Zoning Administrator.  The idea is to allow uses that are easy to implement and then easy to change when a permanent development can be constructed.   The other land use regulations in the current ordinance with regards to things such as lot coverage, setbacks, parking, signage, etc. are not being changed. This is the start of the process to review this draft ordinance.  The goal for this meeting is to introduce the Commission and public to what is being considered, receive feedback, and consider revisions that are needed to address any concerns.  Copies of the ordinance have been made available to property owners and businesses in the area. The most significant change being proposed in the ordinance is the limitation of ground floor uses along the Avenue.  Staff has received some questions for clarification as to what uses will be allowed and what existing businesses do not meet the ordinance requirement.  As a reminder, all existing businesses will be "grandfathered in" and can remain and do business.  It is only when a lease space become vacant that the new ordinance would apply for the business to fill the space. Another item that has come up is the allowed density for residential uses.  Given market conditions it is very difficult to build a commercial building without the residential component and the residential component needs to have a sufficient number of units for it to work.  The current ordinance is 8 dwelling units per acre which is way too low and discourages development.  The draft ordinance suggests an increase to 15 units per acre.  The recent cases that have been processed are above 40 units per acre. Because of the small lot sizes, it is difficult to easily understand the number of units than can go on these lots.  The majority of the lots in Plat 208 are 6000 sq. ft. in size.  Another way to approach it would be to use the R-3 or R-4 zoning district as a guide.  The R-4 allows one unit per 2,000 sq. ft. of lot area.  If the overlay district would allow one dwelling unit by right for each 2,000 sq. ft of floor area, the density similar to that of the R-4 zoning district.  A building with two residential floors at 5,000 sq. ft. per floor would be allowed four units by right.   Related Ordinance, Policy or Guiding Principle Community Economic Development Strategy 2023-2026 2024 Downtown Strategy Zoning Ordinance Chapters 12, 25, and 26 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) This is a discussion item, no recommendations are being made this time. SUGGESTED MOTION N/A Attachments Draft Downtown Overlay Ordinance  Draft Downtown Overlay Ordinance  Zoning Ordinance Chapter 12  Zoning Ordinance Chapter 25  Zoning Ordinance Chapter 26  DRAFT FOR REVIEW AND COMMENT Page 1 of 6 Chapter 25 Downtown Overlay District Section 25.01 Purpose and Intent The Downtown Overlay District provides an overlay zoning district for development of the downtown area of Fountain Hills. The intent of this district is to integrate commercial activity and professional offices with residential uses, visitor attractions and parks as appropriate for the established districts within the downtown area. Section 25.02 Permitted Uses Uses permitted in the Downtown Overlay District shall be: A. The Avenue District: 1. Uses permitted in Zoning Ordinance Sections 12.02 B. 2. and C. provided, however, that ground floor uses shall be limited restaurants and cafes; bars and taverns; gift shops, apparel stores, variety stores and similar retail commercial stores; entertainment venues; or similar uses. 2. Outdoor seating areas for food and beverage service with associated outdoor entertainment subject to the following requirements: a. Any recorded or live music or sound that is electronically amplified and played outside an establishment shall only be permitted at establishments with dedicated outdoor seating areas for food and beverage service. b. Establishments with dedicated outdoor seating areas for food and beverage service shall comply with the sound level requirements set forth in the Fountain Hills Town Code Section 11-1-7, as amended. DRAFT FOR REVIEW AND COMMENT Page 2 of 6 c. Outdoor seating areas for food and beverage service shall comply with any applicable barrier requirements from the Arizona Department of Liquor Licenses and Control. d. Outdoor seating areas for food and beverage service are allowed within the public sidewalk areas immediately outside the establishment, provided an encroachment permit is approved by the Town Council, in its sole discretion, for any seating areas located in a public right-of-way. Such outdoor seating areas must be properly maintained to ensure safe access and mobility for business patrons. 3. Museums 4. Multifamily residential up to 15 units per acre above the ground floor. 5. Uses permitted by special use permit shall be multifamily residential above the ground floor at a density more than 15 units per acre. B. The Business District: 1. Those uses permitted in Zoning Ordinance Sections 12.02 A. B. and C. 2. Outdoor seating areas for food and beverage service with associated outdoor entertainment subject to the following requirements: a. Any recorded or live music or sound that is electronically amplified and played outside an establishment shall only be permitted at establishments with dedicated outdoor seating areas for food and beverage service. b. Establishments with dedicated outdoor seating areas for food and beverage service shall comply with the sound level requirements set forth in the Fountain Hills Town Code Section 11-1-7, as amended. c. Outdoor seating areas for food and beverage service shall comply with any applicable barrier requirements from the Arizona Department of Liquor Licenses and Control. 3. Multifamily residential up to 15 units per acre above the ground floor. 4. Uses permitted by special use permit shall be residential uses on the ground floor or in excess of 15 units per acre. DRAFT FOR REVIEW AND COMMENT Page 3 of 6 C. The Innovation District: 1. Those uses permitted in Zoning Ordinance Sections 12.02 A. B. and C. 2. Laboratories, (research, experimental and testing). 3. Manufacture and assembly of nonhazardous and nontoxic materials. 4. Light assembly and storage as an accessory use if all of the following criteria are met: a. Any assembly or storage areas associated with assembly activities shall not occupy more than fifty (50%) percent of enclosed building space used for the business; and, b. There shall be no use of hazardous materials involved in the assembly operation(s). 5. Uses permitted by special use permit shall be residential uses. Illustration 25.02. Downtown District Boundaries DRAFT FOR REVIEW AND COMMENT Page 4 of 6 Section 25.03 Temporary Uses Temporary uses are permitted as allowed by Zoning Ordinance Section 2.03. In addition, vacant lots may establish temporary uses as approved by the Zoning Administrator and Town Engineer consistent with adopted guidelines. Section 25.04 General Provisions Except as may be modified by this overlay district, the general provisions in Chapter 5 shall apply. Section 25.05 Signs The regulations in Chapter 6, Signs, shall apply. Section 25.06 Parking and Loading A. Area south of Palisades Boulevard. 1. The parking regulations in Chapter 7, Parking and Loading Requirements, shall apply to all lots over 10,800 square feet in area as of January 1, 1992. The Council may approve up to a fifty percent (50%) reduction in required on-site parking through approval of a special use permit. 2. For lots 10,800 square feet 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 is required to be replaced by adding the lost spaces on site or on another lot in the same block. B. Area north of Palisades Boulevard. The regulations in Chapter 7, Parking and Loading Requirements, shall apply. DRAFT FOR REVIEW AND COMMENT Page 5 of 6 Section 25.07 Outdoor Lighting The provisions of Chapter 8, Outdoor Lighting Control, shall apply. Section 25.08 Plan Review The provisions of Section 2.04, Site Plan Review Regulations, shall apply. Section 25.09 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. Area south of Palisades Boulevard. a. Front Yard: i. Lots 10,800 square feet and under do not have a front yard setback requirement but must meet sight triangle requirements when a corner lot (see Chapter 7, Exhibit 7.03 G). Must not encroach into platted easements. ii. Lots over 10,800 square feet must provide a 10-foot front yard and must meet sight triangle requirements when a corner lot. Must not encroach into platted easements. b. Side Yard. None required, except on corner lots as required by Chapter 12, Section 12.13. Street side yards must meet sight triangle requirements. Must not encroach into platted easements. c. Rear Yard. None required; must not encroach into platted easements. 2. Area north of Palisades Boulevard. As required by the underlying zoning district. C. Maximum Lot Coverage: DRAFT FOR REVIEW AND COMMENT Page 6 of 6 1. South of Palisades Boulevard. Lots may have one hundred percent (100%) lot coverage exclusive of any easements or required setbacks. 2. North of Palisades Boulevard. As required by the underlying zoning district. Chapter 12 Commercial Zoning Districts Section 12.01 Purpose A. C-O. Commercial Office Zoning District: The principal purpose of this zoning district is to provide for well- designed and attractive business and professional office facilities on sites in appropriate locations. This zoning district would constitute a transition between other commercial land uses and residential neighborhoods. Principal uses in this zoning district include professional, semi-professional, and business office uses. B. C-C. Common Commercial Zoning District: The Common Commercial Zoning District is a zoning district established where existing plats that have existing common parking lot schemes developed and can provide for modest commercial enterprises to serve a surrounding residential neighborhood, as well as to provide for services to the community which are not detrimental to the integrity of the surrounding residential neighborhood, and to provide for the appropriate location of professional offices throughout the community. The intent of this district is to integrate limited commercial activity andf professional offices on the small lot and common parking lot scheme with residential land uses in a climate favorable to both. Particular attention is to be paid to the interface between commercial or professional uses and the residential uses within the same neighborhood. C. C-1. Neighborhood Commercial and Professional Zoning District: The Neighborhood Commercial and Professional District is established to provide a location for modest, well-designed commercial enterprises to serve a surrounding residential neighborhood, as well as to provide for services to the community, which is not detrimental to the integrity of the surrounding residential neighborhood, and to provide for the appropriate location of professional offices throughout the community. The intent of this district is to integrate limited commercial activity and professional offices with residential land uses in a climate favorable to both. Particular attention is to be paid to the interface between commercial or professional uses and the residential uses within the same neighborhood. D. 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. E. C-3. General Commercial Zoning District: The principal purpose of this Zoning District is to provide for commercial uses concerned with wholesale or distribution activities in locations where there is adequate access to major streets or highways. Principal uses permitted in this Zoning District include retail and wholesale commerce and commercial entertainment. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 1 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Section 12.02 Permitted Uses A. Uses Permitted in the C-O Zoning District: 1. Any business office in which chattels or goods, wares, or merchandise is not commercially created, repaired, sold or exchanged. 2. Offices for: a. Accountant b. Advertising agency c. Architect d. Business Association e. Chiropodist f. Chiropractor g. Collection Agency h. Dentist i. Engineer j. Geologist k. Insurance broker l. Lawyer m. Labor Union n. Marriage Counselor o. Minister p. Naturopath q. Optometrist r. Osteopath s. Physician t. Private Detective Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 2 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. u. Private Employment Agency v. Professional Membership Organization w. Public Stenographer x. Real Estate Broker y. Surgeon z. Surveyor aa. Talent Agency bb. Telephone Message Service cc. Other similar professional and semi-professional work. 3. Banks, building and loan associations, savings and loan associations, credit unions, finance companies, and investment companies. 4. Studios for photography, fine or commercial arts or other professional work. 5. Medical and clinical laboratories. 6. Post office. 7. Pharmacy, when in conjunction with a medical center consisting of offices occupied by five (5) or more doctors provided that there shall be no outside entrance for business purposes, and that no sign or display be located so as to be visible from a public thoroughfare or adjacent property. 8. Single and multifamily residential dwellings, subject to special use permit. B. Uses Permitted in C-1, C-C, C-2, and C-3, Zoning Districts are as follows: 1. Commercial Uses: a. Amusement arcades b. Bakeries c. Banks d. Barbershops e. Bookstores, other than adult bookstores f. Child care centers Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 3 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. g. Delicatessens h. Dry-cleaners and self-serve laundries i. Dry-goods and notions j. Florists (retail) k. Food Stores l. Gift Shops m. Hardware stores n. Insurance agencies o. Mortuaries p. Pharmacies q. Photo shops r. Photo studios s. Real estate offices t. Restaurants u. Variety stores v. Wearing apparel stores. 2. Professional Office Uses: a. All professional uses permitted in a C-O Zoning District b. Land surveyors c. Dental and related health professional offices d. Medical laboratories e. Private schools for academic instruction f. Veterinary clinics, no outdoor facilities g. Other similar professional offices 3. Public and Quasi-Public Uses. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 4 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. a. Churches; b. Golf courses including clubhouses located thereon, but not including miniature courses or practice driving ranges operated for commercial purposes; c. Hospitals, subject to approval of a special use permit in the C-1 and C-C Districts to operate between 11:00 p.m. and 7:00 a.m.; d. Libraries, museums, parks, playgrounds, and community buildings; e. Public schools; f. Publicly or privately owned or operated fire stations, and publicly owned or operated police stations and post offices; g. Utility services, but not including offices, wastewater treatment plants, generating plants, and wireless communication towers and antennas, unless otherwise specifically permitted elsewhere in the ordinance. 4. Sale of new and used automobiles, golf carts, all-terrain vehicles, and motorcycles are permitted in the C-1 and C-C Zoning Districts provided, all the following conditions are met: a. All display of inventory and merchandise is completely within an enclosed building, without outdoor display of any vehicle; b. All sales activities occur within the building; c. No washing, maintenance, or service work is performed on the vehicles on site; d. The maximum area devoted to display of vehicles does not exceed 5,000 square feet; and e. May not have overnight parking. Because no list of uses can be complete, decisions on additional uses will be rendered by the Development Services Director with appeal to the Town Council. C. Additional Uses Permitted in C-2 and C-3 Zoning Districts are as follows: 1. Automobile laundries, provided steam cleaning is confined to an enclosed building. 2. Automobile repair shops and garages, including an outside vehicle storage area to be used only for vehicles under repair which shall be completely screened from any street or surrounding property, and further provided all repair operations are conducted within a building. 3. Bars, including retail sales of package goods for off-site consumptions; provided, that there is no entertainment or music audible off-site unless otherwise permitted pursuant to Chapter 25 of this ordinance. 4. Blueprint, photo static and reproduction (copy) services. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 5 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. 5. Catering establishments not utilizing any manufacturing process or outside storage of materials or vehicles. 6. Conservatories or studios: Art, dancing or music. 7. Drive-in restaurants and refreshment stands. 8. Electrical fixtures and appliance sales repair and service. 9. Furniture stores: New, used, finished or unfinished; No manufacturing. 10. Health spas and public gyms. 11. Hotels and Motels. 12. Laboratories, medical or dental. 13. Liquor stores. 14. Parking lots and public garages, subject to parking standards in Chapter 7. 15. Plumbing shops. 16. Pool halls or billiard centers. 17. Radio and television broadcasting stations and studios, but not including transmitter towers and stations. 18. Restaurants and cafes, including outdoor patios with or without cocktail lounges; provided, that there is no entertainment or music audible off-site unless otherwise permitted pursuant to Chapter 25 of this ordinance. Any outdoor patio with alcoholic beverage service must be enclosed as required by Arizona Revised Statues § 4-207.01, as amended, except for the time during which a current and applicable barrier exemption, as granted by the Arizona Department of Liquor Licenses and Control, is in place for the outdoor patio. 19. Retail stores. 20. Theaters, but not including a drive-in theater and adult oriented facilities as defined under Chapter 1, Section 1.12 of this zoning ordinance. 21. Trade schools. 22. Upholstery shops. 23. Veterinary hospitals and clinics for animals, subject to: a. Animals shall not be boarded or lodged except for short periods of observation incidental to care or treatment. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 6 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. b. Animals shall be kept within a completely enclosed building, which shall be constructed and maintained as to prevent objectionable noise and odor outside the walls of the building. c. No kennels or exercise runs will be permitted. d. All refuse shall be stored within the enclosed building or within odor proof containers. 24. Accessory buildings and uses customarily incidental to the above. 25. In the C-2 district, sale of new and used automobiles, golf carts, all-terrain vehicles and motorcycles are permitted, provided all the following conditions are met: a. All display of inventory and merchandise is completely within an enclosed building, without outdoor display of any vehicle; and b. All sales activities occur within the building. 26. Substance abuse or addiction treatment center. Must be located at least 2,000 feet from any other detoxification center, substance abuse or addiction treatment center, or transitional community residence. Because no list of uses can be complete, decisions on unspecified uses will be rendered by the Development Services Director with appeal to the Town Council. D. In C-3 Zoning Districts, the following uses are permitted: 1. Art metal and ornamental iron shops. 2. Cabinet and carpentry shops. 3. Commercial storage of mobile homes, travel trailers, recreation vehicles, boats and aircraft on sites of no less than one (1) acre. 4. Landscape material sales, provided all incidental equipment and supplies, including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or wall at least six (6) feet in height, and no goods, materials or objects are stacked higher than the fence or wall so erected. 5. Lumber yards not including industrial milling or plaining operations. 6. Miniature golf courses and driving ranges. 7. New and used automobiles, boats, golf carts, all-terrain vehicles, motorcycles, travel trailers, recreational vehicle sales and rental including indoor and/or outside display area, provided all sales and repair activities are conducted within a building and subject to Site Plan approval pursuant to Section 2.04 of this zoning ordinance. 8. Nurseries, flower and plant sales, provided all incidental equipment and supplies including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 7 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. fence or wall at least six (6) feet in height and no goods, materials or objects are stacked higher than the fence or wall so erected. 9. Printing, lithography and publishing establishments. 10. Rental services: Household construction, landscaping, sickroom or office equipment; but not equipment customarily used for heavy construction. Outdoor storage must be screened from public and adjoining property view. 11. Stone monument sales. 12. Taxidermists. 13. Truck stops, with customary accessory facilities including but not limited to restaurant, convenience retail, motel, truck wash, and minor repair facilities but not including major repair, freight storage, freight handling, warehousing or distribution facilities. 14. Wholesale ice distributing stations. 15. Wholesale stores. 16. Accessory buildings and uses customarily incidental to the above uses. 17. Mini-storage Because no list of uses can be complete, decisions on additional uses will be rendered by the Development Services Director with appeal to the Town Council. (23-01, Amended, 02/21/2023; 22-08, Amended, 01/03/2023; 21-06, Amended, 09/07/2021; 20-21, Amended, 10/20/2020; 20-03, Amended, 02/18/2020; 19-01, Amended, 02/19/ 2019) Section 12.03 Uses Subject to Special Use Permits in C-1, C-C, C-2, and C-3 Zoning Districts A. Amusement park, arcade, drive-in theater, or outdoor theater, miniature golf course, and golf driving range. B. Cemetery, pet cemetery, and mausoleum. C. Community residences subject to the requirements in Section 5.13, nursing home, homes for the aged, convalescent home. D. Kennels, indoors or outdoors. E. Sports arenas. F. Single and multifamily residential dwellings. (23-01, Amended, 02/21/2023) Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 8 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Section 12.04 Uses Subject to Special Use Permits in C-C and C-1 Zoning Districts Only A. Drive-in window facilities. B. Operation of commercial or professional activities between eleven p.m. and seven a.m. C. Outdoor seating area. D. Private schools for vocational education. E. Retail gasoline sales, subject to compliance with applicable fire and safety codes. (Limited to four dispensing units serving a maximum of eight cars simultaneously). F. Member-based indoor shooting range for gun calibers designed to be withstood by an AR500 steel grade or equivalent bullet trap design standard. Exceptions to member-based requirement include law enforcement and military personnel, and special event participants. (22-08, Amended, 01/03/2023) Section 12.05 Uses Subject to Special Use Permits in C-2 Zoning Districts Only A. Art metal and ornamental iron shops. B. Automobile fuel dispensing stations. C. Building and landscape material sales, provided all incidental equipment and supplies are kept within a completely enclosed building or within an area enclosed on all sides by a solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required. 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 Council. No goods, materials or objects may visible above the wall. D. Cabinet and carpentry shops. E. Convenience stores. F. Nurseries, flower and plant sales, provided all incidental equipment and supplies including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required. 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 Council. No goods, materials or objects may be stacked higher than the fence or wall so erected. G. Printing, lithography and publishing establishments. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 9 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. H. Rental services: Household construction, landscaping, sickroom or office equipment; but not equipment customarily used for heavy construction. Outdoor storage must be screened from public and adjoining property view. I. Taxidermists. J. Light assembly and storage as an accessory use if all of the following criteria are met: 1. Any assembly or storage areas associated with assembly activities shall not occupy more than fifty (50%) percent of enclosed building space used for the business. 2. There shall be no use of hazardous materials involved in the assembly operation(s). K. New and used automobile, including outside display area, provided all sales and repair activities are conducted within a building. L. Vehicle storage facilities, at a minimum, the following regulations are placed upon any such a use: 1. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential zoning district. 2. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted in this ordinance, 3. Site enclosure and screening requires that the vehicle storage facilities shall be enclosed to provide effective site screening from adjoining properties, uses or streets by the use of eight (8) foot high solid masonry walls. The vehicle storage facility enclosure shall not encroach into any required setback area. 4. All vehicles being stored or parked shall be licensed and be in operating order, no wrecked or inoperable vehicles may be stored in a vehicle storage facility. 5. Landscape requirements, minimum site landscape requirements are as follows: (Note: the Town Council or the Planning and Zoning Commission may impose additional landscape requirements.) a. Any part of a site not used for buildings, parking, driveways, storage yard, sidewalks, etc. shall be landscaped and maintained in accordance with an approved landscape plan. b. Landscaped areas shall include an approved mixture of drought tolerant or other plant materials, and organic and nonorganic ground cover materials. Landscaping shall consist of one plant for each 20 square feet of landscape area, at least twenty-five (25) percent of the plants shall be 15 gallon or greater plants and the remaining plants must be at least five gallon plants, the approval of the above mixture of landscape materials shall be by the Community Development Department staff with appeal to the Planning and Zoning Commission. c. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 10 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. d. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6) inch vertical concrete curbing in order to control storm water flows and minimize damage by vehicular traffic. 6. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation or other similar causes detrimental to the public health, safety or general welfare. 7. The storage yard must be surfaced with a dust free material approved by the Town Engineer. M. Indoor mini-storage. N. Nonmember-based indoor shooting range or range for gun calibers designed to be withstood by a steel grade rating greater than AR500 or equivalent bullet trap design standard. O. Detoxification center, outpatient. In addition to the requirements in Section 2.02 for consideration of a special use permit, applicants shall: 1. Provide a copy of license or certification by the State of Arizona Department of Health Services. 2. Provide sufficient indoor activity and waiting space. 3. Provide contact information and process for resolution of complaints. 4. Comply with A.R.S. 36-601.01, the Smoke-Free Arizona Act, and designate smoking area(s), including areas for vaping and e-cigarettes, as far from adjacent uses as possible. 5. Document, through a market analysis by a credentialed professional using the most recent applicable Fountain Hills census data and Substance Abuse and Mental Health Services Administration data, the need for the service on an ongoing basis for residents of Fountain Hills. The analysis shall take into account any existing services already provided in the Town. 6. A discharge policy that is geared toward repatriating the client back to their place of origin. 7. Be located at least the following distances from the listed uses, measured from nearest property line to nearest property line: a. Two thousand feet from any other detoxification center, substance abuse treatment center, or transitional community residence. b. One thousand feet from any church, public library, park, preserve and trail, or school, preschool, or day care. c. Five hundred feet from any residential zoning district or use, including planned area developments with a residential primary use. (23-01, Added, 02/21/2023; 22-08, Amended, 01/03/2023; 20-10, Added, 09/15/2020) Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 11 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Section 12.06 Uses Subject to Special Use Permits in C-3 Zoning Districts Only A. Automobile fuel dispensing stations. B. Construction equipment, including sales, service, rental and storage. At a minimum, the following regulations are placed upon any such a use: 1. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential Zoning District. 2. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted in this Ordinance. 3. Site Enclosure and Screening Requirements. Construction equipment storage yards shall be enclosed to provide effective site screening from adjoining properties, uses or streets by the use of walls, berms and landscape plantings or combinations thereof as follows: a. Automobile parking areas shall be screened from any adjacent residential zoning district. All parking areas shall be landscaped by at least ten (10) feet of landscaping. b. A solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required. Further, any access gates shall be constructed of view-obscuring materials to provide effective site screening. Approval of the alternative screening methods listed above shall be by the Council. c. No outdoor industrial use or enclosure thereof shall encroach into any required setback area and no facility, storage products or materials shall exceed the height of any such enclosure. d. Landscape Requirements. Minimum site landscape requirements are as follows: (Note: the Town Council or the Planning and Zoning Commission may impose additional landscape requirements.) 1. Any part of a site not used for buildings, parking, driveways, storage, loading, sidewalks, etc. shall be landscaped and maintained in accordance with an approved landscape plan. 2. Landscaped areas shall include an approved mixture of drought tolerant or other plant materials, and organic and nonorganic ground cover materials. The approval of the above mixture of landscape materials shall be by the Community Development Department staff with appeal to the Planning and Zoning Commission. 3. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 12 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. 4. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6) inch vertical concrete curbing in order to control storm water flows and minimize damage by vehicular traffic. 4. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation or other similar causes detrimental to the public health, safety or general welfare. 5. The storage yard must be surfaced with a dust free material approved by the Town Engineer. C. Convenience stores. D. Temporary Vehicle Storage Facilities. At a minimum, the following regulations are placed upon any such a use: 1. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential zoning district. 2. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted in this ordinance. 3. Site Enclosure and Screening Requirements. Temporary vehicle Storage Facilities shall be enclosed to provide effective site screening from adjoining properties, uses or streets by the use of walls, berms and landscape plantings or combinations thereof as follows: a. Automobile parking areas outside of the vehicle storage yard shall be screened from any adjacent residential zoning district. All parking areas outside of the temporary storage facility shall be landscaped by at least ten (10) feet of landscaping. b. A solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required. Further, any access gates shall be constructed of view-obscuring materials to provide effective site screening. Approval of the alternative screening methods listed above shall be by the Council. c. The temporary vehicle storage yard enclosure shall not encroach into any required setback area and no vehicles or materials shall exceed the height of any such enclosure. No vehicles may be stacked on other vehicles. d. Landscape Requirements. Minimum site landscape requirements are as follows: (Note: the Town Council or the Planning and Zoning Commission may impose additional landscape requirements.) 1. Any part of a site not used for buildings, parking, driveways, storage yard, sidewalks, etc. shall be landscaped and maintained in accordance with an approved landscape plan. 2. Landscaped areas shall include an approved mixture of drought tolerant or other plant materials, and organic and nonorganic ground cover materials. Landscaping shall consist of one plant for each 20 square feet of landscape area. At least twenty-five (25) percent of the plants shall Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 13 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. be 15 gallon or greater plants and the remaining plants must be at least five-gallon plants. The approval of the above mixture of landscape materials shall be by the Community Development Department staff with appeal to the Planning and Zoning Commission. 3. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water. 4. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6) inch vertical concrete curbing in order to control storm water flows and minimize damage by vehicular traffic. 4. No vehicle may be stored in the facility for more than one hundred-eighty (180) days. 5. The facility is for the temporary storage of abandoned, wrecked or legally impounded automobiles, boats, or other vehicles regardless of running condition. Such a facility is not to be used for the dismantling of any vehicle, the storage of any vehicle parts, nor the retailing or wholesaling of any vehicle or vehicle parts. 6. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation or other similar causes detrimental to the public health, safety or general welfare. 7. The storage yard must be surfaced with a dust free material approved by the Town Engineer. E. Light assembly and storage as an accessory use if all of the following criteria are met: 1. Any assembly or storage areas associated with assembly activities shall not occupy more than fifty (50%) percent of enclosed building space used for the business. 2. There shall be no use of hazardous materials involved in the assembly operation(s). F. Detoxification center, outpatient and inpatient. In addition to the requirements in Section 2.02 for consideration of a special use permit, applicants shall: 1. Provide a copy of license or certification by the State of Arizona Department of Health Services. 2. Provide sufficient indoor activity and waiting space. 3. Provide contact information and process for resolution of complaints. 4. Comply with A.R.S. 36-601.01, the Smoke-Free Arizona Act, and designate smoking area(s), including areas for vaping and e-cigarettes, as far from adjacent uses as possible. 5. Document, through a market analysis by a credentialed professional using the most recent applicable Fountain Hills census data and Substance Abuse and Mental Health Services Administration data, the need for the service on an ongoing basis for residents of Fountain Hills. The analysis shall take into account any existing services already provided in the Town. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 14 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. 6. A discharge policy that is geared toward repatriating the client back to their place of origin. 7. Be located at least the following distances from the listed uses, measured from nearest property line to nearest property line: a. Two thousand feet from any other detoxification center, substance abuse treatment center, or transitional community residence. b. One thousand feet from any church, public library, park, preserve and trail, or school, preschool, or day care. c. Five hundred feet from any residential zoning district or use, including planned area developments with a residential primary use. I. Substance abuse or addiction treatment center, lodging. In addition to the requirements in Section 2.02 for consideration of a special use permit, applicants shall: 1. Provide a copy of license or certification by the State of Arizona Department of Health Services. 2. Provide sufficient indoor activity and waiting space. 3. Provide contact information and process for resolution of complaints. 4. Comply with A.R.S. 36-601.01, the Smoke-Free Arizona Act, and designate smoking area(s), including areas for vaping and e-cigarettes, as far from adjacent uses as possible. 5. Document, through a market analysis by a credentialed professional using the most recent applicable Fountain Hills census data and Substance Abuse and Mental Health Services Administration data, the need for the service on an ongoing basis for residents of Fountain Hills. The analysis shall take into account any existing services already provided in the Town. 6. A discharge policy that is geared toward repatriating the client back to their place of origin. 7. Be located at least the following distances from the listed uses, measured from nearest property line to nearest property line: a. Two thousand feet from any other detoxification center, substance abuse treatment center, or transitional community residence. b. One thousand feet from any church, public library, park, preserve and trail, or school, preschool, or day care. c. Five hundred feet from any residential zoning district or use, including planned area developments with a residential primary use. (23-01, Amended, 02/21/2023; 22-08, Amended, 01/03/2023) Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 15 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Section 12.07 Additional Regulations A. All Commercial Zoning Districts: 1. Site Enclosure and Screening Requirements: Commercial site and/or uses shall be enclosed to provide effective site screening from adjoining properties, uses or streets as follows: a. A solid masonry, concrete or earthen product wall not less than eight (8) feet in height shall be required along and adjacent to any side or rear property line abutting any residential zone boundary, or any alley abutting such zone boundary at the time of development of the commercial property. Further, any access gates in said solid wall shall be constructed of view-obscuring material to provide effective site screening. b. The perimeter of any portion of a site not adjacent to a residential zone boundary 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, shall be required. 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 Council. No outdoor commercial use or enclosure thereof shall encroach into any required setback area adjacent to any street, nor shall any storage products or materials exceed the height of any such enclosure. 2. Any outdoor lighting shall be in conformance with provisions in Chapter 8 hereof. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential Zoning District. 3. 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 dwelling purposes unless approved as a Special Use by the Town Council. 4. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number of additional parking spaces necessitated by the expansion. B. Additional Requirements of C-O, C-C, C-1 Zoning Districts: 1. Performance Requirements for a C-O, C-C and C-1 Zoning Districts. a. All building permits for new construction shall include completion of all right-of-way improvements required for that type of development by the subdivision ordinance. b. Signs for permitted neighborhood commercial and professional uses shall conform to Chapter 6 of this zoning ordinance. c. Site plans shall be designed in such manner that they minimize the traffic impact of neighborhood commercial and professional uses on local residential streets. d. Buildings and their appurtenances shall be oriented to limit conflicts with surrounding residential uses due to noise, light, litter, or dust. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 16 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. e. No outdoor music or speakers. f. When a neighborhood commercial and professional property abuts the residential district, the following standards shall be required for nonsingle family residential development: 1. A twenty (20) foot landscaped buffer shall be provided for the full distance where the two properties abut. 2. Lighting of the site shall not exceed fifteen (15) feet in height and shall be directed away from residences or residentially zoned land in the vicinity of the site. 3. Mechanical equipment must be located or screened to limit sound transfer to nearby residentially zoned property. 4. Noise producing mechanical equipment must be located at least twenty (20) feet from any common property line with residentially zoned property. 5. Fences shall be maintained along residential property lines to prevent the intrusion of unwanted light, dust or blowing debris. 6. Openings in buildings and activity centers on sites shall be located to minimize interference with residential uses. 7. Drainage from buildings and parking lot areas shall be detained on-site and shall be directed only into a drainage system approved by the Town Engineer. 8. Loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of the commercial or professional office activities into the adjacent residential neighborhood. 9. All activity (except required on-site parking, off-street loading and unloading spaces, and incidental or accessory storage and display areas) shall be within a completely enclosed building, unless otherwise specifically noted herein. 10. All mechanical equipment must be screened from public view and view of adjoining properties. 2. The C-1 Zoning District designations should be applied to land that meet the following primary circumstances: a. Such a designation is appropriate where commercial activities are to be provided in the midst of a neighborhood for the benefit of the residents thereof. Such benefits may include convenience, energy conservation, or related factors. Such a designation may properly apply to a limited area located in a convenient place relative to the circulation pattern for both vehicles and pedestrians within a neighborhood. A C-1 Zoning District should serve as a commercial service nucleus for the neighborhood in which it is located. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 17 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. b. Application of this district would also be appropriate where its permitted uses and performance standards might serve as an effective buffer between a residential neighborhood and uses not compatible with residential living. c. It may also be suitable in moderate and/or high-density residential areas with high activity levels where professional office uses would not substantially impact the area. d. All new construction within the C-1 Zoning District shall conform to the General Provisions as specified in Chapter 5 of this zoning ordinance unless the following standards are more restrictive, in which case the more restrictive provision shall prevail. C. Planned Unit Developments (PUD) in C-1 Zoning Districts: 1. Planned unit developments may be proposed in a C-1 Zoning District for uses permitted within the district in accordance with provisions permitting planned unit developments as specified by this title. 2. Exceptions to specific terms of the C-1 Zoning District as they directly affect building bulk and placement of intensity of building use may be considered within the context of a planned unit development as defined by this title. Uses permitted only in the "C-2" district may constitute up to twenty-five (25%) percent of the net developed area in any mixed use planned unit development within the C-1 Zoning District. No other uses may be permitted by way of the planned unit development procedure in the C-1 Zoning District. 3. Minimum size for a planned unit development in the C-1 Zoning District shall be two acres. Exceptions to this standard shall be treated as a variance concerning building bulk of placement. Section 12.08 General Provisions The General Provisions in Chapter 5 shall apply. Section 12.09 Signs The regulations in Chapter 6 shall apply. Section 12.10 Parking and Loading The parking and loading regulations in Chapter 7 shall apply. Section 12.11 Outdoor Lighting The provisions of Chapter 8 shall apply. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 18 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Section 12.12 Plan Review The provisions of Chapter 2, Section 2.04 shall apply. Section 12.13 Density, Area, Building and Yard Regulations The chart, which follows, specifies the minimum lot sizes, minimum lot widths, maximum building heights, minimum yard setbacks and maximum lot coverage percentages, and the minimum distance between buildings. Fountain Hills Zoning Ordinance Summary COMMERCIAL DISTRICT District Area (Sq. Feet) Width (Feet) Bldg Height (Feet) Minimum Yard Setbacks Lot Coverage Distance Between Bldgs (Feet) Front Side Street Side Rear C-O 12,000 60 30e 10a,b 5c 5f 5 35% UBC C-C 1,125 23 25 0 0 0 0 100%g UBC C-1 6,000 60 25 25b 0c 10c 0d 60% UBC C-2 6,000 60 40 10a,b 0b,c 0b,c 0d 60% UBC C-3 6,000 60 40 10a,b 0b,c 0b,c 0d 60% UBC a Or height of the building, whichever is greater. b When adjacent to a residential district, regardless of whether separated by a street or alley, there shall be a front yard equal to the front yard required in the adjoining residential zoning district or the building height, whichever is greater (not to exceed 25 feet). c When adjacent to a residential district there is to be a 10-foot setback or a distance equal to the height of the commercial building, whichever is greater. When a corner lot is adjacent to a residential district, regardless of whether separated by a street or alley, there shall be a 10-foot setback or height of building, whichever is greater. If a side yard is otherwise provided, the minimum setback is 3 feet. d When adjacent to a residential district, regardless of whether separated by a street or alley, there is to be a 25-foot setback or height of the building, whichever is greater. If there is to be other then a zero rear yard setback the minimum setback is 10 feet. e If within 20 feet of a rural or residential zone, maximum height is 15 feet. f If a corner lot abuts a residential zoning district whether or not separated by an alley, minimum street side yard setback shall be 15 feet. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 19 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Town Website: www.fh.az.gov Hosted by General Code. g Excluding sight angles and easements. Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 20 of 20 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Chapter 25 Entertainment Overlay District Section 25.01 Purpose and Intent The Entertainment Overlay District is an overlay zoning district covering portions of downtown within the Downtown Area Specific Plan area, as shown in Figure 25-1 below; any property located either partially or wholly within the district is allowed the uses in this Chapter. The overlay district is intended to allow for outdoor entertainment and uses to establish a more vibrant and active downtown area. The Entertainment Overlay District modifies the underlying zoning district regulations only to the extent specifically set forth in this Chapter. If not specifically modified in this Chapter, all of the regulations in effect in the underlying zoning districts will remain in full force and effect. Ch. 25 Entertainment Overlay District | Fountain Hills Zoning Ordinance Page 1 of 4 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Ch. 25 Entertainment Overlay District | Fountain Hills Zoning Ordinance Page 2 of 4 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Section 25.02 Provisions Applicable to all Uses A. Outdoor Entertainment is permitted at any establishment with dedicated outdoor seating areas for food and beverage service. B. Any recorded or live music or sound that is electronically amplified and played outside an establishment shall only be permitted at establishments with dedicated outdoor seating areas for food and beverage service. C. Establishments with dedicated outdoor seating areas for food and beverage service shall comply with the sound level requirements set forth in the Fountain Hills Town Code Section 11-1-7, as amended. D. Outdoor seating areas for food and beverage service shall comply with any applicable barrier requirements from the Arizona Department of Liquor Licenses and Control. E. Outdoor seating areas for food and beverage service are allowed within the sidewalk areas, provided an encroachment permit is approved by the Town Council, in its sole discretion, for any seating areas located in a public right-of-way. Such outdoor seating areas must be properly maintained to ensure safe access and mobility for business patrons. (21-12, Amended, 12/07/2021) Section 25.03 Permitted Uses A. Any permitted use identified in the underlying zoning districts. B. Single- or multifamily residential dwellings located on the second story or above of a building, so long as the residential dwelling and the underlying use/structures are in compliance with the following: 1. The technical codes set forth in Article 7-1 of the Town Code. 2. The height and coverage restrictions in the underlying zoning districts. 3. A maximum of eight dwelling units per acre. Section 25.04 Uses Subject to Special Use Permit A. Single- or multiple-residential densities in excess of eight dwelling units per acre. (20-01, Added, 01/21/2020) Ch. 25 Entertainment Overlay District | Fountain Hills Zoning Ordinance Page 3 of 4 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Town Website: www.fh.az.gov Hosted by General Code. Ch. 25 Entertainment Overlay District | Fountain Hills Zoning Ordinance Page 4 of 4 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Chapter 26 Planned Shopping Plaza Overlay District Section 26.01 Purpose and Intent 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. (20-14, Added, 09/15/2020) Section 26.02 Permitted Uses Uses permitted in the shopping plaza overlay district shall be: A. Those uses permitted in Sections 12.02(B) and (C). B. Those uses permitted by special use permit shall be those uses specified in Section 12.03. (20-14, Added, 09/ 15/2020) 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 outdoor seating as part of a restaurant or cafe, 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 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. (20-14, Added, 09/15/2020) Section 26.04 General Provisions Except as may be modified by this overlay district, the general provisions in Chapter 5 shall apply. (20-14, Added, 09/15/2020) Ch. 26 Planned Shopping Plaza Overlay District | Fountain Hills Zoning Ordinance Page 1 of 3 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Section 26.05 Signs The regulations in Chapter 6, Signs, shall apply. (20-14, Added, 09/15/2020) Section 26.06 Parking and Loading A. The parking regulations in Chapter 7, Parking and Loading Requirements, shall apply to all lots over 10,800 square feet in area as of January 1, 1992. The Council may approve up to a fifty percent (50%) reduction in required on-site parking through approval of a special use permit. B. For lots 10,800 square feet 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 is required to be replaced by adding the lost spaces on site or on another lot on the same block. (20-14, Added, 09/15/2020) Section 26.07 Outdoor Lighting The provisions of Chapter 8 shall apply. (20-14, Added, 09/15/2020) Section 26.08 Plan Review The provisions of Section 2.04 shall apply. (20-14, Added, 09/15/2020) 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 and under do not have a front yard setback requirement but must meet sight triangle requirements when a corner lot. Must not encroach into platted easements. b. Lots over 10,800 square feet must provide a 10-foot front yard and must meet sight triangle requirements when a corner lot. Must not encroach into platted easements. 2. Side Yard: Ch. 26 Planned Shopping Plaza Overlay District | Fountain Hills Zoning Ordinance Page 2 of 3 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Town Website: www.fh.az.gov Hosted by General Code. None required, except on corner lots. Street side yards must meet sight triangle requirements. Must not encroach into platted easements. 3. Rear Yard: None required; must not encroach into platted easements. C. Maximum Lot Coverage: 1. Lots may have one hundred percent (100%) lot coverage exclusive of any easements or required setbacks. (20-14, Added, 09/15/2020) Ch. 26 Planned Shopping Plaza Overlay District | Fountain Hills Zoning Ordinance Page 3 of 3 The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.