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HomeMy WebLinkAbout240909 Summary Minutes & Verbatim TranscriptTOWN OF FOUNTAIN HILLS SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 1 of 12 Post-Production File Town of Fountain Hills Planning and Zoning Commission Meeting Minutes September 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 SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 2 of 12 VICE CHAIR WATTS: Would you join me in the Pledge of Allegiance and a 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. VICE CHAIR WATTS: Paula, roll call, please? WOODWARD: Commissioner Corey? COREY: Here. WOODWARD: Commissioner Dapaah? DAPAAH: Here. WOODWARD: Commissioner Kovacevic? KOVACEVIC: Here. WOODWARD: Commissioner Schlossberg? SCHLOSSBERG: Here. WOODWARD: Commissioner Sveum? SVEUM: Here. WOODWARD: Vice Chairperson Watts? VICE CHAIR WATTS: Here. VICE CHAIR WATTS: And number 3: do we have any call to the public in the cards? WOODWARD: No, Chair. VICE CHAIR WATTS: Well, this will be quick then. Right to number 4: consideration and approving the regular minutes. Do I have a motion to approve the minutes? UNIDENTIFIED SPEAKER: So moved. COREY: Second. VICE CHAIR WATTS: All in favor? ALL: Aye. VICE CHAIR WATTS: Sounds unanimous to me. WOODWARD: Six, zero. VICE CHAIR WATTS: Okay. And right to number 5: consideration and possible action TOWN OF FOUNTAIN HILLS SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 3 of 12 amending zoning ordinance section 2.03, temporary use permits. John, take it away. WESLEY: Thank you, Vice Chair, and -- there we go. Okay. Good to see you all this evening as we hopefully start to move out of summer, maybe, into fall. As most of the commission knows and Commissioner Sveum, we've been slowly working through an update of Chapter 2 of the zoning ordinance. Chapter 2 sets out all the procedures for different things. We do site plan reviews and special use permits, and re-zones and so forth. We've already finished the sections 201, 202, and 204, dealing with zone special use permits and site plans. So the one I have for you this evening to consider is section 2.03, temporary use permits. So this particular section has been a little bit of a challenge for the time I've been here in Fountain Hills. When I look back on the files, I see we have issued temporary use permits and administrative use permits. I see nothing in the code currently about administrative use permits and so I've had to use this as an opportunity to try to sort that out a little bit and provide some clarifications on those. But temporary use permits as the title would imply is for items of a temporary nature that people want to do from time to time. Some of those can be a little bit longer uses that we'll talk about in a minute, and others are just kind of weekend-type activities. So as we're going through here, a lot of it has stayed the same but have worked to structure it like the other sections of this chapter, as I've talked about before in terms of application requirements and just those procedures and how they're laid out. But the first major change that I've added here is under the purpose, this item number 2 for requirement, just make it a little bit more clear about when a temporary use permit is required and create the distinction between the temporary use permit and the special event permits that go through the Community Services Department. And so any time somebody wants to do something of a temporary nature that's not envisioned with their original site plan, then that's the type of thing that we're looking at. A few examples are listed here, of outdoor displays, farmer's markets such as the peach market that happens that comes through us for the temporary use permit. That type of TOWN OF FOUNTAIN HILLS SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 4 of 12 activity. And we'll hit a few more here in just a second on this next page. So the zoning ordinance does list several specific things as temporary use permits. You see a list of some of these things here. Probably one of the main ones is the model homes. So up in Adero Canyon where they have the model homes, they have temporary use permits to use those homes for a temporary basis as cells offices. Those temporary uses last several years, but they come in -- that's issued on a yearly basis -- they come in and renew that each year as they go through that process and eventually, they'll build out and then they'll turn into a residence. The application section, again, we've amended it to be somewhat of what we've done in the other sections of this chapter, in terms of its format and flow of what's required. And so this lists those items. They fill out a line, get a project area of a site plan and any additional information that might be needed. And here's one of the places then where we distinguish a temporary use permit from an admin use permit. So those things that are listed in the code specifically as temporary use permits, those then have that fee and that requirement. Otherwise, some of the other things of a temporary nature, again, such as the peach market -- not that that's specifically listed in the code but if somebody were doing that type of activity, we treat that as an administrative use permit. It's a slightly less fee because there's less involved. Review procedure: we review the application submitted and make sure it's complete. And get any additional information we may need that wasn't included and then staff review. And so the action as listed in the code is done administratively and it has the statement in the code. The action of staff shall be one of approval as they meet the requirements of the code. And then in this section, we added a provision that a copy of the permit to be maintained on the site, so if there's ever any question about whether or not they have an active approved use permit, they should have it there to show that that's the case. And then there is the provision on transferability. So again, such things as maybe the model home. If a builder takes over a facility, they can transfer it to the new builder. That type of thing. Appeal: just made a couple minor changes here. Right now it says that the matter shall TOWN OF FOUNTAIN HILLS SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 5 of 12 be appealed, but what if you don't want to appeal it? So change that to may and then to make it clear it's the applicant that can appeal a decision if we have required things that they don't like. Time limits: made a minor change here. It did say that the time that the use permit become effective on the day of issue. Well, sometimes, you know, we'll issue it several weeks or days in advance. And so it really ought to start on the day that the event begins. And no changes of the revocation. And that's this section of the code. VICE CHAIR WATTS: Commissioners, questions? UNIDENTIFIED SPEAKER: So there's some overlap, or as the examples that you used were some of the more home-based businesses that could require temporary use permits like swim school, you said, are they still subject to -- they are still subject to the same home business rules that we've talked about prior? WESLEY: Yes, Commissioner, if that's where a swim school is taking place and that's a (indiscernible) take place, they would have to get a business license and get the -- comply with home-based business or there are specific rules for the swim schools that are listed in the code. UNIDENTIFIED SPEAKER: Well, they're still subject to the six trips in and out of the swim school? WESLEY: I believe that that specific one has a slightly different standard that's specific to that use, but there are -- those requirements in the ordinance have to be met. UNIDENTIFIED SPEAKER: Yeah. Okay. But there's no exemption. But getting the temporary use permit, you don't become exempt from -- WESLEY: You're not exempt from the rules of the code. UNIDENTIFIED SPEAKER: From the rule, okay. WESLEY: Right. UNIDENTIFIED SPEAKER: Thank you. WESLEY: Whatever they may be. VICE CHAIR WATTS: Commissioner Corey? TOWN OF FOUNTAIN HILLS SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 6 of 12 COREY: Yes. John, you were speaking kind of fast for me a minute ago when you were talking about the peach market. Can you confirm that is a temporary use, not the administrative use, correct? WESLEY: So they're all temporary uses. They all fall under this chapter, but whether we -- the main difference is what fee do we charge. The temporary use permit fee is $250, I think, Paul, is that right? Do you remember? UNIDENTIFIED SPEAKER: I think. WESLEY: $230? UNIDENTIFIED SPEAKER: Yeah. WESLEY: As opposed to the administrative fee which is $50. And so when it's something that's not specifically listed in the code that's pretty simple, they will charge them the administrative use permit fee. They still get a temporary use permit. That's the distinction. COREY: But still considered temporary use, but -- WESLEY: Right. COREY: -- then it's just two different fee structures. WESLEY: Right. COREY: Got it. And then, so when we get these applications, how do we determine whether or not it's approved, like is that -- I thought I read in there that that may come to the planning and zoning to approve if these are, you know, out of the normal. WESLEY: Vice Chair Commissioner, it's all done on a staff level. Any appeal of our decision goes to council. COREY: The appeal would go to council? WESLEY: Yes. COREY: Okay. Okay. And this is all done in tops that -- WESLEY: Yes. COREY: Okay. Just one thing I noticed, I did look through the list today and temporary use permit wasn't under permits section. It's actually under development projects. WESLEY: Yes. TOWN OF FOUNTAIN HILLS SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 7 of 12 COREY: And so that's the way it should be? WESLEY: Right. Just like special use permits, they're a creature out of the zoning ordinance, not the building code. COREY: Okay. Seems like -- I hope that, you know, people know where to find it. It was kind of challenging for me to find it initially. WESLEY: Yes. It can be for people who aren't kind of familiar with how things are structured and organized, but we'll always help them out. There is information available -- COREY: Okay. WESLEY: -- on the website that helps point people in those directions. COREY: Okay. Or maybe on that page that they're directed to on tops before they actually fill out their application? It could say in the development section that this is where you'll find these kinds of things, just to make it a little bit easier. WESLEY: Sure. We can look at that. COREY: Okay. Thank you. VICE CHAIR WATTS: Commissioner Dapaah? DAPAAH: Yeah, John, so once -- just to make sure I understand this here -- once you've received the application, you go through an initial review just to get back to the applicant on what's missing, they get back to you and then you start the initial review process, and after that they make the payment, or they make the payment before? I didn't understand. WESLEY: Vice Chair Commissioner Dapaah, the payments are due at the time of application. So after that initial review, and we accept as being ready for a formal review, I'll tell them they need to make the payment. And so we'll make that determination of that initial review if it's the higher fee or the lower fee. DAPAAH: Okay. And so you mentioned here, utilizing standard review timeliness -- or no, timelines and procedures. Can you just shed some light on the standard review process and timelines? I'm just trying to discern here how much time it takes to actually -- or for the applicant to actually get his application, and if there should be TOWN OF FOUNTAIN HILLS SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 8 of 12 something in here stating, you know, the time that is allotted for them to get back with you or -- WESLEY: Vice Chair Commissioner Dapaah, it's been a while since I've looked back at the formal stated review times for this type of use. I think its someplace in the nature of 90 to 120 days. Typically, we have it done in less than a week. DAPAAH: Okay. WESLEY: Often the same day because it's usually very simple. DAPAAH: Okay. All right. Thank you. VICE CHAIR WATTS: John, I've got a couple. The first one was, when an applicant can submit an application for a temporary use permit, but also, it says a designated person. How do we know that they're an authorized person to submit? Do we have -- is it a notarized statement from the owner? Is it something that we can -- or do we just take their word for it? WESLEY: For this particular activity, it will depend a little bit, again, on the peach market -- I keep pointing to that -- but we ask for something to be submitted along with it from the property owner saying that they've authorized them to use that property. If it's clearly that it's the owner, the business at that location or property owner of the business then you know, -- VICE CHAIR WATTS: So got something from Tractor Supply that -- WESLEY: Yes. VICE CHAIR WATTS: -- on their letter head, so to speak? WESLEY: Yes. VICE CHAIR WATTS: And then in item 3 we talk about drawings to scale. What scale is that? WESLEY: In this case a lot of them are print out an aerial, and -- VICE CHAIR WATTS: Okay. WESLEY: -- show them that what you're going to do, because it's pretty simple, but if it's something more complicated than that, such as the model homes in Adero Canyon. That's a formal site plan that is drawn to, you know, the appropriate scale for the size TOWN OF FOUNTAIN HILLS SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 9 of 12 and so forth. VICE CHAIR WATTS: But we don't say something that has to say -- that currently says that it can be something -- an alternate to a scaled drawing, so -- WESLEY: Right. VICE CHAIR WATTS: -- should we have something in there that says, or comparable site plan, comparable overhead, something that would give somebody some latitude? When I first read that I thought, how many people that do these pop-up tent deals, whatever they are, can do a drawing to scale? And then the question becomes what scale? Not that there's innumerable numbers of scales, but -- WESLEY: So the last sentence in that, the zoning administrator may allow modifications to these requirements, which we frequently do because a lot of them are pretty easy things to understand, again, they can use an aerial, print off that image, draw on that where you're going to set up your tables and how you're going to route your traffic and we understand it and, you know, that's good. VICE CHAIR WATTS: So that's the intent of the last statement? WESLEY: Right. VICE CHAIR WATTS: To give you some latitude -- WESLEY: Right. VICE CHAIR WATTS: -- and give permitting department the latitude to be able to do that? WESLEY: Correct. VICE CHAIR WATTS: And speaking of Adero Canyon, I didn't notice that there were any extensions available. Do you have to resubmit in its entirety, because there's a two-year limitation on the permit itself? Do they -- is there an extension process or is there a resubmit process? WESLEY: It's a resubmit process. VICE CHAIR WATTS: Okay. When the applications are submitted much -- and I'm going to use the peach market again -- do we look to food handler permits when we talk about temporary permits, or is that something outside our purview? TOWN OF FOUNTAIN HILLS SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 10 of 12 WESLEY: That's outside our purview a little bit. We look to the applicant, that they need to make sure anybody that they bring into the activity has their proper permits and approvals. VICE CHAIR WATTS: Okay. And I think that covers it for me. Commissioner Schlossberg? SCHLOSSBERG: Yeah, question, John, just so I'm clear -- and I don't think I am -- I'm going back to the swim school example you used, so are we saying if I, at my residence, choose to operate as the owner or are we talking about somebody else that's choosing to operate out of my residence as a non-owner, or either? WESLEY: Chair Commissioner Schlossberg, I'd have to pull up the swim school rules to make sure I remember them correctly. We've had the first one of those that I've had to deal with come up this last year, and it ended up not being approved because she was trying to operate out of somebody else's home, not her own. SCHLOSSBERG: Okay. So let's go back to the prior example where it's my home and I'm going to operate my school, and I want to get my business license to operate. How am I told that I need a special -- am I told when I get my business license that I need a special use permit as well? WESLEY: So when you apply for -- it would be the temporary use permit -- when you apply for that business license, it's come to planning for review. And yes, we would look at that and let you know that that's what you need. SCHLOSSBERG: Okay. That's what -- thank you. VICE CHAIR WATTS: Commissioner Corey? COREY: Thank you. I just thought of one more thing as it relates to trash cleanup. Like, how do we approach that? Would it be the responsibility of the plat owner? WESLEY: Sure, yes, again, Vice Chair Commissioner Corey. Yes, that's one of the things in the project narrative. If they don't include it initially, we will ask them. Again, it depends on all the use, but how are you handling, you know, trash, signage, you know, those types of issues, lighting, any of those types of things that might be appropriate to the given activity? If they're having, you know, seating, where is that and how does it TOWN OF FOUNTAIN HILLS SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 11 of 12 relate to traffic patterns and the rerouting traffic? How are they doing it in a safe way and that type of thing. VICE CHAIR WATTS: Commissioners, any other questions? Then we'll go ahead and close the public portion and, Paula, do we have any speaker cards? WOODWARD: No Vice Chair. VICE CHAIR WATTS: With that, can I get a motion to approve or deny? KOVACEVIC: I so move. VICE CHAIR WATTS: Do I have a second? COREY: Second. VICE CHAIR WATTS: So moved and seconded. Commissioner Kovacevic and Commissioner Corey. All right. All in favor? ALL: Aye. WOODWARD: Six, zero. VICE CHAIR WATTS: Thank you, John. And item 6, Commissioners, any request of John and staff? Go ahead, Commissioner Corey. COREY: I do, just one. Just a reminder, I know I brought this up a few meetings ago, was the PowerPoint presentation. So I know we had talked about if we could get that if it was ready maybe before our meeting, because when I see the presentation, it puts everything together for me from what I was reading. Maybe not tonight because it was a very short meeting, but when we have longer meetings. If I had that a little bit in advance, it would really help me out. WESLEY: Okay. We'll try to remember that Commissioner. This time, I did have it done earlier, we could have sent it to you. It's usually the longer meetings that you want to see if and they were working up to the last minute to get it done. COREY: Yeah. WESLEY: But we'll try to remember to do that if we can. COREY: Okay. Thank you. VICE CHAIR WATTS: Anything else, Commissioners? Moving on to our requests from John. TOWN OF FOUNTAIN HILLS SEPTEMBER 9, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES Page 12 of 12 WESLEY: So Commissioners, I guess, inform you that Vice Chair Watts, a couple meetings, brought up some issues, concerns with some traffic, scooters, bikes, and so forth. And we've been able to identify maybe a better approach to handle that and gotten in touch with public works and the committee; they are to talk about that issue. So just in case you were wondering what was happening. That we are -- it's being looked at and thank you for bringing that up. VICE CHAIR WATTS: I wasn't going to bring that up just because I didn't respond to you and Director Welly. WESLEY: Yeah. We're working on it. VICE CHAIR WATTS: Okay. WESLEY: So I mentioned a little bit as we were getting started just in terms of October meeting. As this point, we could have up to six items on that agenda. Five special use permits and one rezoning. I'm pretty sure of at least three of those. And how sure are we on the other three? Do we know? Again, should be another good meeting. VICE CHAIR WATTS: That sounds like it could break all records. Are you going to produce dinner? WESLEY: Maybe so. Maybe so. VICE CHAIR WATTS: Okay. WESLEY: So, just be ready for that. VICE CHAIR WATTS: Okay. WESLEY: Okay. That's all I have. VICE CHAIR WATTS: Commissioners, anything else? We'll set a record and adjourn early. UNIDENTIFIED SPEAKER: Thank you, John.