HomeMy WebLinkAboutagendapacket__10-14-24_0521_648
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
Chairperson Peter Gray
Vice Chairperson Rick Watts
Commissioner Patrick Dapaah
Commissioner Clayton Corey
Commissioner Dan Kovacevic
Commissioner Scott Schlossberg
Commissioner Phil Sveum
TIME:6:00 P.M. – REGULAR MEETING
WHEN:MONDAY, OCTOBER 14, 2024
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 Town Clerk 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 Council. Verbal comments should be
directed through the Presiding Officer and not to individual Commissioners.
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 an agenda item, and hand it to the Town Clerk prior to discussion, if possible.
TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by
visiting https://www.fountainhillsaz.gov/publiccomment and SUBMIT a Public Comment
Card by 3:00 PM on the day of the meeting. These comments will be shared with the
Commission.
REGULAR MEETING
1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE – Chairperson Gray
2.ROLL CALL – Chairperson 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.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a
Special Use Permit to allow residential use (up to five dwelling units) on property located at
16622 E. Avenue of the Fountains.
5.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request to rezone
approximately 0.69 acres located at 15225 N. Fountain Hills Boulevard, northeast corner of
Fountain Hills Boulevard and Glenbrook Boulevard, from C-1, Neighborhood Commercial
and Professional Zoning District, to C-2, Intermediate Commercial Zoning District.
6.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.
7.HOLD A PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Amending Zoning
Planning and Zoning Commission Meeting of October 14, 2024 2 of 3
7.HOLD A PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Amending Zoning
Ordinance Section 2.07 Appeals and Variances.
8.REPORT from Development Services Director.
9.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
10.SUMMARY OF COMMISSION REQUESTS from Development Services Director.
11.ADJOURNMENT
Dated this ______ day of ____________________, 2024.
_____________________________________________
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 October 14, 2024 3 of 3
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/14/2024 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 residential use
(up to five dwelling units) on property located at 16622 E. Avenue of the Fountains.
Staff Summary (Background)
The building on the property is a two-story commercial/office building built in 1982. Four of the office
suites in the rear of the building (two on each floor) were converted earlier this year to hotel rooms
for a small, boutique hotel use. If the SUP is approved, the property owner plans to maintain two first
floor commercial suites and convert the remainder of the building into residential units. The property
owner is requesting approval for two dwelling units on the first floor and three on the second floor.
Given the lot size of 6,000 sq. ft., five dwelling units will equate to a density in excess of 36 units per
acre.
General Plan
Our Commitment, page 13: Maintain the delicate balance of land uses that make the Town a
desirable place to live, work, enjoy and visit.
Our Commitment, page 13: Support existing businesses and continue to attract businesses that
stimulate the Town’s economy.
Our Vision, page 14: Residents enjoy a walkable community that is conducive to civic
involvement and activities.
Our Vision, page 14: A variety of housing options are available in safe, quiet, pleasant, and
enjoyable neighborhoods.
Thriving Neighborhoods Goals and Policies, page 23
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.
Policy 1. Encourage a broad range of housing types affordable to all income ranges
and age groups in a manner compatible with adjacent development.
Policy 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.
Policy 4. Encourage quality urban, compact, walkable mixed-use development that
complements surrounding uses in the Town Center and in other areas that may
become available for urban development.
Policy 6. Support quality residential development that meets Town housing needs,
promotes the vitality of established neighborhoods, and enhances the quality of
life of Fountain Hills.
Goal 4: Attract quality residential development that supports the healthy and active
lifestyle valued by the community.
Policy 1: Ensure that new neighborhoods:
a. Sensitively and aesthetically integrate residential development to the
social, built and natural environments by supporting neighborhood
connectivity to Fountain Hills’ Great Places.
Character Area Goals and Polices, page 38
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.
Policy 4. Direct commerce and employment to the character areas that sustain
them in conformance with the Character Areas Plan map and Table 1.
Goal 2: Development, redevelopment and infill support Fountain Hill’s small-town
identity and the distinct character of each area while fostering long-term viability.
Policy 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.
Policy 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.
This is in the Town Center character area. The General Plan statement for this area is:
"Continue to develop a highly integrated mix of uses to provide a vibrant town center.
Encourage development with an urban form with buildings brought to the street forming a
continuous street wall. Encourage active ground floor uses with a high degree of transparency
and office and residential above."
The 2009 Specific Area Plan for the Avenue District includes the statement: "The Avenue District is
designed to accommodate a degree of other uses including second story office space, condominiums
and small-scale businesses along with limited neighborhood services."
Zoning Ordinance Requirements
The property at 16622 E. Avenue of the Fountains is zoned C-2 and has the Entertainment and
Planned Shopping Plaza Overlay Districts. This zoning designation allows residential uses on the
second floor by right, up to 8 units per acre. A Special Use Permit (SUP) is required for first floor
residential and for a density over 8 units per acre.
The zoning ordinance requires the existing 5,700 sq. ft. commercial/office uses to have 1 parking
space per 250 sq. ft. of floor area. 23 parking spaces are required for these uses. Multi-family
dwellings require 2.25 spaces per unit or 12 spaces for five units. Together, the existing and proposed
uses would require a total of 20 parking spaces. All parking is provided in the existing Plat 208 parking
lot for any uses in this area. While fewer spaces will be needed, the nature of use, however, is
lot for any uses in this area. While fewer spaces will be needed, the nature of use, however, is
different. Residents will park overnight and weekends, will want closest spaces. The building includes
direct access to the parking area through rear doors. Today's ordinance requires one covered space
per unit. Covered parking will not be provided.
Solid waste enclosures. Required to be within 250 walking feet of the main entrance. Given the rear
access doors, the standard ordinance requirement is met with the two enclosure areas provided. The
enclosures, however, are the property of Plat 208. Prior to issuance of a building permit to convert
the units, staff will need confirmation from Plat 208 that these enclosures can be used by the
residents of this building or an alternative solution will need to be provided.
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 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. In consideration of this request
for the SUP, the questions become:
1. Will the proposed
residential use be detrimental to the public health, safety, peace, or comfort of the neighborhood?
2. Will allowing residential use of this property be detrimental or injurious to the current commercial
property improvements?
3. 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 supportive of the
general welfare of the Town?
Impact on public health, safety, peace, or comfort of the neighborhood. Redeveloping a portion of
the existing building for residential use is unlikely to have a detrimental impact on the public health,
safety, peace or comfort of the surrounding neighborhood.
Impact on the adjacent commercial property improvements. Residential uses are a part of a
mixed-use, urban environment. Additional residents living in the area will provide additional
customers for the businesses and may provide nearby housing for people wanting to work in the
area. The residents in the building will have direct access from the building to the parking lot behind
the building without using adjacent property.
Creating a desirable living environment that supports the general welfare of the town. For those
looking for an urban setting, these units will provide a desirable living environment. There is parking
available for the residents and shops, community facilities, parks, and activities in close proximity.
Citizen Participation
The applicant held a citizen participation meeting on October 3. A report has not yet been received,
but the applicant has verbally informed staff that no one attended the meeting.
Staff received one email from an adjacent property owner supporting residential use but raising some
questions they believe will need to be addressed, and more residential use occurs in Plat 208. A copy
of this email is attached.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.02, Special Use Permits
Zoning Ordinance Chapter 12, Commercial Zoning Districts
Zoning Ordinance Chapter 25, Entertainment District Overlay
Zoning Ordinance Chapter 26, Planned Shopping Plaza District Overlay
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff supports a recommendation for approval of this Special Use Permit. Approval should be
conditioned on the applicant providing a letter from Plat 208 stating they have an agreement for use
of the solid waste enclosures prior to issuance of a building permit for remodel of the existing offices.
SUGGESTED MOTION
MOVE to recommend approval/denial of SUP 24-000005 for up to five residential units and
providing agreement from Plat 208 regarding solid waste services prior to issuing a remodel permit.
Attachments
Vicinity Map
Site Plan
Good Neighbor Statement
Citizen Participation Plan
Vicinity
CASE: SUP24-000005
SITE / ADDRESS:
16622 E AVENUE OF THE FOUNTAINS
APN 176-05-137
REQUEST:
A SPECIAL USE PERMIT TO ALLOW UP TO 5
DWELLING UNITS (SUITES 100, 101, 200,
201, AND 202 AND 203 COMBINED) IN
THE C-2, INTERMEDIATE COMMERCIAL
ZONING DISTRICT, WITHIN THE
ENTERTAINMENT AND THE PLANNED
SHOPPING PLAZA OVERLAY DISTRICTS.
All that is Ariz on a
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Site Location
Vicinity MapMap ::CaseCase DetailsDetailsSUP24-000005SUP24-000005
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Site Plan
No exterior changes
Good Neighbor Statement
Subject: SUP24-000005, 16622 E. Avenue of the Fountains
Introduction:
This Good Neighbor Policy outlines the commitments and actions we pledge to undertake to ensure
a smooth and respectful transition as we change the use of our boutique hotel suites # 100; 101;
# 200; 201; 202, from commercial to residential condominium suites.
• Commercial suites numbered 102 and 103, will remain unchanged.
Our goal is to foster a positive relationship with our neighbors and maintain the quality of life in the
community. We believe this change will bring more vibrancy and stability to the area.
The two-story, block construction building with elevator and two staircases, with 10 A/C Units and 9
individual electrical meters.
Approximately,
8, 700 sq. ft.
The Belvedere Suites:
Ste# 100- 3 bedrooms,
2 bathrooms, full kitchen, living room approx. 1,000sq.ft.
Ste# 101-(ADA compliance), 2 bedrooms,
2 bathrooms, full kitchen,
Living room, approx. 900sq.ft.
Ste# 200- 2 bedrooms,
2 bathrooms, full kitchen, living room, approx. 1,000sq.ft.
Ste# 201-2 bedrooms,
2 bathrooms, full kitchen, living room, approx. 900sq.ft.
Commercial Suites:
Ste# 102-Retail space, approx. 1,000sq.ft.
Ste# 103-Office space, approx. 900sq.ft.
Ste# 202-Office space, approx. 1,000sq.ft.
St# 203-Office space, approx. 900sq.ft.
We are seeking approval to convert the boutique hotel's existing C-2 Zoning for a Special Use,
specifically to change commercial suites to residential suites as follows:
• Residential suites: #100, 101, 200, 201, and 202 & 203 converted into one suite-# 202.
• Commercial suites numbered 102 and 103, will remain unchanged.
*We are dedicated to being a responsible and considerate neighbors during this transition.
Through proactive communication, thoughtful planning, and a commitment to addressing
community concerns, we aim to ensure a harmonious integration of the new residential use into the
existing neighborhood fabric. We strongly believe the new vibrancy which will come from this
location will add value to the adjacent business owners on Avenue of the Fountains, Fountain Hills
Blvd, Palisades Blvd, Saguaro Blvd, and for the entire community.
Thank you for your cooperation and support as we work together to improve our the most beautiful
town!
Contact information:
Belvedere Suites, LLC.
Vladimir & Marina Buer
(480)-220-0206
(480)-620-7613
From:Marina Buer
To:John Wesley
Cc:Paula Woodward
Subject:Re: SUP24-000005
Date:Wednesday, September 4, 2024 4:37:04 PM
EXTERNAL EMAIL
Citizen Participation Plan for 16622 E. Avenue of the
Fountains, Fountain Hills, Az 85268
Special Use Permit
Date : September 5, 2024
Purpose:
This Citizen Participation Plan informs citizens,
property owners, and nearby neighborhood
associations of the special use permit application for
residential uses of the former boutique hotel suites
building at 16622 E. Avenue of the Fountains. This
plan will ensure that those affected by this
application will have an adequate opportunity to
learn about and comment on the proposal.
Applicant:
The Buer Revocable Trust,
Location:
The property considered for the SUP is on the east
side of E. Avenue of the Fountains, west of Saguaro
Blvd.
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 conversion that members of the community
may have.
1. A contact list will be provided for citizens within 300’ of the property location. 2. All persons listed on the contact list will receive a letter describing the conversion process location, andinvitation to a neighborhood meeting will be reviewed at a meeting with Planning and Zoning at 6:00PM on October 14, 2024. If appropriate it will then be reviewed with the Town Council on November19, 2024 (this is tentatively 5:30 PM). Both meetings will take place at the Town Hall. You arewelcome to attend those meetings. If you prefer, you can send questions or concerns directly toVladimir and Marina at (480) 220-0206 or via email at Vandm59@gmail.com .3. Presentations will be made to any other groups or citizens upon request. Copies of sign-in list and anycomments will be submitted with the Citizen Participation Report. Schedule:
Planning and Zoning at 6:00 PM on October 14,
2024.
Council on November 19, 2024 (this is
tentatively 5:30 PM). Both meetings will take place
at the Town Hall.
Citizen Participation Plan for Special Use Permit for:
Property Address Belvedere Suites, LLC.
16622 E. Avenue of the Fountains,
Fountain Hills, Az 85268
Subject: Special Use Permit
Introduction:
This Good Neighbor Policy outlines the
commitments and actions we pledge to undertake to
ensure a smooth and respectful transition as we
change the use of our boutique hotel suites # 100;
101;
# 200; 201; 202, from commercial to residential
condominium suites.
Commercial suites numbered 102 and 103, will remain unchanged.
Our goal is to foster a positive relationship with our
neighbors and maintain the quality of life in the
community. We believe this change will bring more
vibrancy and stability to the area.
The two story block construction building with
elevator and two staircases, with 10 A/C Units and 9
individual electrical meters.
Approximately,
8, 700 sq. ft.
The Belvedere Suites:
Ste# 100- 3 bedrooms,
2 bathrooms, full kitchen, living room approx.
1,000sq.ft.
Ste# 101-(ADA compliance), 2 bedrooms,
2 bathrooms, full kitchen,
Living room, approx. 900sq.ft.
Ste# 200- 2 bedrooms,
2 bathrooms, full kitchen, living room, approx.
1,000sq.ft.
Ste# 201-2 bedrooms,
2 bathrooms, full kitchen, living room, approx.
900sq.ft.
Commercial Suites:
Ste# 102-Retail space, approx. 1,000sq.ft.
Ste# 103-Office space, approx. 900sq.ft.
Ste# 202-Office space,
approx. 1,000sq.ft.
St# 203-Office space, approx. 900sq.ft.
We are seeking approval to convert the boutique
hotel's existing C-2 Zoning for a Special Use,
specifically to change commercial suites to
residential suites as follows:
Residential suites: #100, 101, 200, 201, and 202 & 203 converted into one suite-# 202.
Commercial suites numbered 102 and 103, will remain unchanged.
*We are dedicated to being a responsible and
considerate neighbors during this transition.
Through proactive communication, thoughtful
planning, and a commitment to addressing
community concerns, we aim to ensure a harmonious
integration of the new residential use into the
existing neighborhood fabric. We strongly believe
the new vibrancy which will come from this location
will add value to the adjacent business owners on
Avenue of the Fountains, Fountain Hills Blvd,
Palisades Blvd, Saguaro Blvd, and for the entire
community.
Thank you for your cooperation and support as we
work together to improve our the most beautiful
town!
Contact information:
Belvedere Suites, LLC.
Vladimir & Marina Buer
(480)-220-0206
(480)-620-7613
Vandm59@gmail.com
On Aug 30, 2024, at 8:46 AM, Marina Buer <vandm59@gmail.com> wrote:
From: John Wesley <jwesley@fountainhillsaz.gov>
Date: August 29, 2024 at 2:57:56 PM MSTTo: Marina Buer <vandm59@gmail.com>Subject: RE: SUP24-000005
Vladimir,
By the information provided below, it shows you are planning 5 total living units in the
property. 2 on the ground floor and three on the second floor. You are allowed up to 8 units
per acre by right if they are all on the second floor. Your lot size is 6,000 square feet, or
0.137 acres. At 8 units per acre, you can have 1.09 units by right (I always round this up to
2). At 5 total units on the property, that is a density of 36 units per acre. Your SUP needs to
be for all 5 units, not just the two on the ground floor.
<image001.png>
From: Marina Buer <vandm59@gmail.com>
Sent: Thursday, August 29, 2024 2:49 PM
To: John Wesley <jwesley@fountainhillsaz.gov>
Subject: Re: SUP24-000005
EXTERNAL EMAIL
Good afternoon John,
Thank you for your email confirmation.
Following our recent conversation, my understanding was that a special use permit is
required for the first floor Suites #100 and #101, which face the parking lot.
Additionally, the Town would support this application if we maintain the front two
Suites #102 and #103 as commercial.
Could you please confirm this?
We would also like to forward all documents submitted regarding our special use
process for your review.
We have notified our POA (Plat 208), and the property manager has notified all
property owners within a 300-foot radius on our behalf.
Thank you very much for assisting us with this challenging project.
We will resend the Citizens Participation Plan at the beginning of next week.
With appreciation,
Respectfully,
Vladimir & Marina
From:zach@zbrooks.com<zach@zbrooks.com>
Sent: Thursday, August 22, 2024 8:15 PM
To: Marina Buer <vandm59@gmail.com>; Farhad Tavassoli
<ftavassoli@fountainhillsaz.gov>
Cc: Scott Brendemuhl <scott.brendemuhl@associatedasset.com>
Subject: Updated Notification
This notice is being sent to all members of Tract 208 on behalf ofVladimir and Marina Buer. They own The Belvedere Suites at 16622 E.Avenue of the Fountains.
Vladimir and Marina are asking approval from the Town of FountainHills to convert the boutique hotel's existing C-2 Zoning for a SpecialUse, specifically to change commercial suites to residential suites as
follows:
· Residential suites: 100, 101, 200, 201, 202, 203
· Commercial suites numbered 102 and 103, will remain unchanged.
Their request will be reviewed at a meeting with Planning and Zoning at6:00 PM on October 14, 2024. If appropriate it will then be reviewedwith the Town Council on November 19, 2024 (this is tentatively 5:30PM). Both meetings will take place at the Town Hall. You are welcometo attend those meetings. If you prefer, you can send questions orconcerns directly to Vladimir and Marina at (480) 220-0206or via emailat Vandm59@gmail.com .
Thanks,
Zach Brooks
President Tract 208 Board
Zach Brooks602-418-6704
On Aug 29, 2024, at 1:16 PM, jwesley@fountainhillsaz.gov wrote:
Vladimir,
I have a couple of items to bring to your attention regarding yourapplication for a Special Use Permit for residential use at 16622 E.Avenue of the Fountains.
First, I have reviewed case loads with Farhad and determined I needed tolighten his load so I have taken over the processing of this case. Allfuture comments and questions can be directed to me. I look forward toworking with you on this request.
I see that we still need to receive a citizen participation plan. I willforward an example plan to you to assist you in crafting and submitting acitizen participation plan.
I also note that we do not have a list of all the property owners within300' of your property. Please submit that list with the mailing addressesof these property owners.
I also note in your narrative that you will be having 2 residential units onthe ground floor and three on the second floor. Is this correct? From theprevious building permit plans I understand there are only two hotelunits currently on the second floor. Will you be converting anothersecond floor space to residential? Will there be any non-residential useof the second floor?
To keep your case on track for the October P&Z Commission review, Iwill need the above information no later than one week from today,Thursday, September 5. Please note that if you miss this deadline youwill be be able to be on a Council agenda until after the first of the year.
Please let me know if I can be of any assistance.
John Wesley, AICPDevelopment ServicesDirectorTown of Fountain Hills480-816-513816705 E. Avenue of the
Fountains, Fountain Hills,
AZ 85268
w: www.fountainhillsaz.gov
e:
jwesley@fountainhillsaz.gov
Disclaimer: All messages created in this system are the property of the Town of Fountain
Hills, Arizona and should be considered a public record subject to disclosure under the
Arizona Public Records Law (ARS 39-121). Town employees, town public officials, and
those who generate email to them, should have no expectation of privacy related to the
use of this technology.
<Adopted Citizen Participation Guidelines.pdf>
Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona
and should be considered a public record subject to disclosure under the Arizona Public Records Law(ARS 39-121). Town employees, town public officials, and those who generate email to them, shouldhave no expectation of privacy related to the use of this technology.
ITEM 5.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/14/2024 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 to rezone approximately 0.69 acres located at
15225 N. Fountain Hills Boulevard, northeast corner of Fountain Hills Boulevard and Glenbrook
Boulevard, from C-1, Neighborhood Commercial and Professional Zoning District, to C-2, Intermediate
Commercial Zoning District.
Staff Summary (Background)
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 10,000 square feet. The request is to rezone
this one lot to C-2 in order to then seek and obtain approval of a Special Use Permit to allow outdoor
display of vehicles for sale.
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 Districts
The existing zoning on this property is C-1. This district is described as:
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
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.
The requested zoning designation is C-2. This district is described as:
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.
The C-2 Zoning District is a more intense district that allows a wider range of uses by right and is
intended for areas designed to serve a larger geographic area. The additional uses allowed in the C-2
by right include the following:
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.
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.
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.
In addition to uses that are allowed by right, the Zoning Ordinance includes some uses that require a
Special Use Permit if in the C-1 Zoning District. By rezoning to C-2 the requirement for the Special Use
Permit would no longer be in place. The uses subject to the SUP in C-1 are:
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.
General Plan
Character Area Goals and Policies:
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:
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:
Enhance the Town’s economic vitality; anda.
Increase the Town’s revenue base to maintain quality infrastructure, services and
amenities.
b.
1.
GOAL 2: Development, redevelopment and infill support Fountain Hill’s small-Town identity and the
distinct character of each area while fostering long-term viability.
POLICIES:
2. Require higher density/intensity development adjacent to residential uses to include
appropriate landscape buffers within the setback area when within or adjacent to the Large Lot
Residential and Mixed Neighborhood Residential character types.
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.
6. Require that development, redevelopment, and infill conform with Exhibit 2, Character Areas
Plan map, and Table 1.
GOAL 3: Monitor development, revitalization, redevelopment and infill.
POLICIES:
3. Continue to monitor and prioritize the development of existing commercially zoned lands
and the renovation of underutilized commercial buildings.
General Plan Character Areas:
Existing commercial areas within the Neighborhoods character type (Shea and Eagle Mountain,
Fountain Hills and Glenbrook, Saguaro and Kingstree) will continue to provide commercial
services for their adjacent neighborhood and the community. Given their integration with the
surrounding neighborhood they should always remain low intensity non-residential areas.
Continued development and redevelopment in these locations must be compatible with the
adjacent neighborhood and done in a way that both supports the continued health of the
residential area and makes for a more viable and sustainable commercial node.
Analysis
The primary goal for this area is to maintain a neighborhood-oriented commercial node that meets
the needs of the nearby residents.
When a property is zoned, the land within the area zoned can be used for any of the permitted uses.
Therefore, when evaluating this request, consideration has to be given to whether or not this is an
appropriate location for a car wash, vehicle repair, a hotel, a restaurant with outdoor seating, or any
of the other uses listed by right in the C-2 District. Consideration should also be given to the impact
on the neighborhood of removing the C-1 zoning district regulations that require approval of a Special
Use Permit for drive-in windows, businesses to be open from 11 pm to 7 am, outdoor seating, and
gasoline sales and whether those protections are needed in this area.
The General Plan recognizes this as a neighborhood-serving commercial area that should be
maintained. It has struggled over the years, along with the commercial area to the south, to keep
tenants. A rezone to a higher zoning designation would broaden the options for businesses that could
locate on this property, which might help make it more successful. However, the additional uses that
would be allowed would not be in keeping with the low impact commercial development that has
been in place in this area.
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 2.01 Amendments or Zone Changes
Zoning Ordinance Chapter 12 Commercial Zoning Districts
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
A rezoning of this property to C-2 would be too intense for this area. The location of the property is
not consistent with the intent of this district and the General Plan designation is for lower intensity
uses consistent with being part of a residential neighborhood.
Staff recommends denial of the rezoning request.
SUGGESTED MOTION
MOVE to recommend denial/approval of case RZ24-000002.
Attachments
Vicinity Map
Site Plan
Zoning Map
Project Narrative
Citizen participation Plan
Citizen Participation Report
Vicinity
CASE:
RZ24-000002
SITE / ADDRESS:
15225 N FOUNTAIN HILLS BLVD
APN 176-04-455
REQUEST:
REZONE THE NORTHEAST CORNER OF
FOUNTAIN HILLS BLVD AND GLENBROOK
BLVD, FROM C-1, NEIGHBORHOOD
COMMERCIAL AND PROFESSIONAL
ZONING DISTRICT, TO C-2, INTERMEDIATE
COMMERCIAL DISTRICT.
All that is Ariz on a
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Site Plan: No changes to existing development
Request to rezone to C-2
Zoning Map
July 7th 2024
Town of Fountain Hills
16705 E Ave of the Fountains,
Fountain Hills, AZ 85268
RE: Project Narrative
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 C3 Zoning ordinances or C-2 Zoning Ordinances with a special use
permit. The preferred zoning would be C-3; The existing C3 zoning ordinances would 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
July 7, 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 21, 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 for rezoning from C1 to C2 with a
special use permit or C3. 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 SUP or C3 Rezoning is located at 15225 E. Fountain Hills Blvd
(see attached location map). Owner is requesting a zoning change 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 a few vehicles outside or C3 Zoning ordinances; 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.
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 8/21/24
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 6.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/14/2024 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 vehicle sales in the C-1 zoning
district only if all sales and display occur within an enclosed building. In order to help bring attention
to the business, the applicant has frequently placed display vehicles in the parking lot. The Town's
Code Enforcement staff have written Notices of Violation and issued citations for these code
violations. In order to legally display vehicles for sale outdoors at this location, the applicant has
requested a rezoning of the property to C-2 and this Special Use Permit (SUP). If the request for the
C-2 zoning is not approved, the request for the SUP becomes moot.
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
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
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 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)
If the rezoning to C-2 is approved, staff can support the request for the SUP for outdoor vehicle
display. Staff suggests limiting the type of vehicles to golf carts.
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.
SUGGESTED MOTION
MOVE to recommend approval/denial of SUP24-000006 subject to limiting the display to golf carts
and use of one parking space 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
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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 7.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/14/2024 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: Amending Zoning Ordinance Section 2.07 Appeals and
Variances.
Staff Summary (Background)
Staff is conducting a complete update to Chapter 2, Procedures, of the Zoning Ofdinance. This update
is being done one section at a time. Staff started with, and Council has approved, updates to Section
2.01, Amendments or Zone Changes, Section 2.02, Special Use Permits, and Section 2.04, Site Plans.
The Planning Commission has recommended approval of the amendments to Section 2.03, Temporary
Use Permits, and it will be considered by the Council at their meeting on October 15, 2024. Sections
2.05, Violations and Enforcement, 2.06, Planned Unit Developments, and 2.08, Citizen Participation
are not being updated. The last section for review and update is Section 2.07, Appeals and Variances.
Section 2.07 addresses appeals to the Board of Adjustment of staff decisions, appeals from decisions
by the Board of Adjustment to Superior Court, and requests for variances from the requirements of
the Zoning Ordinance. Some of the recommended changes are for consistency with the other
sections of this chapter and some are to clarify the requirements for consideration of a particular type
of application. State statutes place specific parameters on the consideration of variance requests. In
practice, the Town receives very few of these types of applications. In the last five years there have
been no appeals and six variance applications.
The proposed changes to this section of the Zoning Ordinance are as follows.
Existing: A. Appeals to the Board of Adjustment
Proposed: A. Purpose.
The current ordinance does not have a purpose statement like the other sections. Stating the
purpose of the types of requests that can be made under this section helps users better
understand and apply the ordinance to their situation.
Existing: B. Variance
Proposed: B. Appeals to the Board of Adjustment
The changes being made in this section are mostly to create consistency with the application
The changes being made in this section are mostly to create consistency with the application
process contained in the other sections of Chapter 2.
1. Application. This follows the other sections establishing the electronic submittal, project
narrative and filing fee requirements. It maintains the requirement file an appeal within 15
days of the action taken by the Town that they are requesting to appeal. When this type of
appeal does occur, what typically happens is someone as requested an interpretation of how to
apply a code provision. The Zoning Administrator issues a formal, written statement of
interpretation. That starts the clock on the 15 day time period to appeal the decision or
interpretation to the Board of Adjustment.
2. Stay. There can be times when the decision of the Zoning Administrator would impact an
ongoing project or action by the person making the appeal. If an appeal is filed, that action halts
any action with regard to the activity, unless stay would result in imminent peril for life or
property.
3. Review. This section of staff administrative review of the application is similar to the what
has been included in the other sections of Chapter 2.
4. Notice. The first sentence in this section was moved to 3., the rest remains the same.
5. Hearing. This section describes the hearing process for an appeal and uses existing ordinance
language.
Existing: C. Appeals from the Board of Adjustment
Proposed: C. Variance
Most of the changes being made in this section are either adjustments to provide a consistent
format with the other sections or re-organization of the existing language.
1. Purpose. The language added to the Purpose statement is moved from what was 2.07 B 7.
The language removed is covered in other parts of this section. Variances cannot be granted to
change the terms of the zoning ordinance or to permitted uses in a zoning district.
2. Application. This language is new and follows the standard used in other sections. The
project narrative section includes specific information to be submitted to assist in evaluating
the requested variance against the standards for approval.
3. Review. This language is new and follows the standard used in other sections to determine if
a complete application has been submitted.
4. Notice. The first sentence is removed as unnecessary.
5. Hearing. The language in this section is mostly relocated from other portions of the existing
ordinance. The hearing at Board of Adjustment meetings is similar to other council and
commission hearings in that anyone who wishes to speak may do so. There is a difference,
however, in that the Board of Adjustment is a quasi-judicial body, so the discussions and
material (evidence) presented are more formal.
6. Findings. As opposed to the Planning and Zoning Commission that makes recommendations
to the Town Council, the Board of Adjustment is a quasi-judicial body that makes decisions
regarding the granting of a variance. If the applicant is not satisfied with the decision of the
Board of Adjustment, the matter can be appealed to Superior Court, not to the Town Council.
Therefore, the findings the Board makes in reaching a decision are very important. The
required findings have their basis in ARS 9-462.06. In the current ordinance the required
findings are somewhat scattered in the text, and it is not clear if an applicant just has to meet
one or all of the tests. The revised language brings all the required findings into one place and,
by using the "and" between each statement, clarifies that all the standards have to be met to
grant the variance.
7. Action. The added language comes from another portion of the current ordinance.
Existing 5-7, were moved to other portions of the revised ordinance.
Existing: D. Fees - moved to the application sections of B and C.
Proposed: D. Appeals from the Board of Adjustment
This is section C in the current ordinance. No changes are proposed.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.07 Appeals and Variances
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of the revisions as provided.
SUGGESTED MOTION
MOVE to recommend adoption of Ordinance #24-20.
Attachments
Ordinance 24-20
Clean version of new Sec. 2.07
Existing Ordinance Section 2.07
ORDINANCE NO. 24-20
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING
ORDINANCE SECTION 2.07, APPEALS AND VARIANCES
ENACTMENTS:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA,
as follows:
SECTION 1. That Section 2.07, Appeals and Variances, of the Fountain Hills Zoning Ordinance is amended
as provided in Exhibit A attached hereto.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this
19th day of November, 2024.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ __________________________________
Ginny Dickey, Mayor Angela Padgett-Espiritu, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
____________________________________ __________________________________
Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney
ORDINANCE 24-20 PAGE 2
Exhibit A
Section 2.07 Appeals and Variances
A. PURPOSE. APPEALS OF DECISIONS BY AN ADMINISTRATIVE OFFICER OF THE TOWN IN
THE APPLICATION OF THIS ORDINANCE MAY BE FILED BY THE APPLICANT, BY THE OWNER
OF PROPERTY, OR BY ANY OTHER PERSON AGGRIEVED BY A DECISION UNDER THE
PROVISIONS OF THIS ORDINANCE AND WHO HAS STANDING TO APPEAL PURSUANT TO
STATE LAW. VARIANCES ARE AUTHORIZED AS SET FORTH IN ARIZONA REVISED STATUTES
A.R.S. § 9-462.06 AND AS SET FORTH IN THIS ORDINANCE.
B. Appeals to the Board of Adjustment:. THE BOARD OF ADJUSTMENT MAY HEAR APPEALS
MADE BY ANY PERSON WHO IS AGGRIEVED BY THE ZONING ADMINISTRATOR'S
INTERPRETATION OR ADMINISTRATION OF THIS ORDINANCE.
1. The Board of Adjustment may hear appeals made by any person who is aggrieved by the
Zoning Administrator's interpretation or administration of this sectionAPPLICATION.
2A. COMPLETE APPLICATION. Board aAppeals shall be filed ELECTRONICALLY ON
THE TOWN’S WEBSITE with the Zoning Administrator on forms furnished for that
purposeUSING THE PROCESS ESTABLISHED BY THE DIRECTOR FOR SUCH
APPLICATIONS within fifteen (15) days after the action appealed from,.
B. THE APPLICATION shall INCLUDE A NARRATIVE STATEMENT specifyING the
REQUESTED APPEAL AND THE grounds therefore,. The Zoning Administrator shall
forthwith transmit to the Board all papers constituting the record upon which the
appealed action is taken.
C. FILING FEE. THE APPLICATION SHALL BE ACCOMPANIED BY PAYMENT OF A
FILING FEE IN AN AMOUNT ESTABLISHED BY A SCHEDULE ADOPTED BY
RESOLUTION OF THE COUNCIL AND FILED IN THE OFFICES OF THE TOWN CLERK. NO
PART OF THE FILING FEE SHALL BE RETURNABLE. PAYMENT OF THE FILING FEE MAY
BE WAIVED WHEN THE PETITIONER IS THE TOWN, SCHOOL DISTRICT, SPECIAL
PURPOSE DISTRICT, COUNTY, STATE OR FEDERAL GOVERNMENT.
32. STAY OF PROCEEDINGS. The appeal stays all proceedings in the matter appealed
from, unless the Zoning Administrator certifies to the Board that, by reason of the facts
ORDINANCE 24-20 PAGE 3
stated in the certificate, a stay would, in his opinion, cause imminent peril to life or
property. In such case, proceedings shall not be stayed, except by a restraining order
granted by the Board, on application and notice to the Zoning Administrator, or by a court
of record.
3. REVIEW.
A. DETERMINATION OF COMPLETE APPLICATION. BEFORE INITIATING REVIEW,
THE DEVELOPMENT SERVICES DIRECTOR, OR DESIGNEE, SHALL REVIEW THE
SUBMITTAL TO DETERMINE IF IT IS COMPLETE AND MEETS THE REQUIREMENTS OF
THIS SECTION. APPLICANTS WILL BE NOTIFIED OF MISSING OR INCOMPLETE
APPLICATION ITEMS. ONCE AN APPLICATION HAS BEEN DETERMINED TO BE
COMPLETE, THE APPLICANT WILL BE NOTIFIED TO PAY THE APPLICATION FEE.
WHEN THE FEE HAS BEEN RECEIVED, STAFF WILL BEGIN REVIEW OF THE
APPLICATION.
B. STAFF REVIEW. STAFF WILL CONDUCT A REVIEW AND ANALYSIS OF THE
APPEAL AND WILL SEEK ADDITIONAL INFORMATION AND CLARIFICATION FROM
THE APPLICANT AS NECESSARY TO PREPARE THE APPEAL FOR CONSIDERATION BY
THE BOARD. STAFF WILL INFORM THE APPLICANT OF ANY REVISIONS NEEDED TO
BRING THE APPLICATION INTO COMPLIANCE WITH TOWN REQUIREMENTS.
C. FOLLOWING NOTICE REQUIREMENTS, THE APPEAL WILL BE SCHEDULED FOR
HEARING BY THE BOARD OF ADJUSTMENT AT THEIR NEXT AVAILABLE MEETING.
4. NOTICE. NOTICE OF THE HEARING SHALL BE MADE BY PUBLISHING A NOTICE
THEREOF IN THE OFFICIAL NEWSPAPER OF THE TOWN AND, IF APPLICABLE, BY
POSTING THE PROPERTY AFFECTED NOT LESS THAN FIFTEEN (15) DAYS PRIOR TO THE
HEARING. THE NOTICE SHALL SET FORTH THE TIME AND PLACE OF THE HEARING AND
INCLUDE A GENERAL EXPLANATION OF THE MATTER TO BE CONSIDERED.
45. HEARING. The Board shall hear the appeal at the next regularly scheduled meeting
after the required advertising requirements have been fulfilled. Notice of the hearing shall
be made by publishing a notice thereof in the official newspaper of the Town and by
posting the property affected not less than fifteen (15) days prior to the hearing. The notice
shall set forth the time and place of the hearing and include a general explanation of the
matter to be considered.
ORDINANCE 24-20 PAGE 4
A. THE DEVELOPMENT SERVICES DIRECTOR SHALL FIX A REASONABLE TIME FOR THE
HEARING OF THE APPEAL AND SHALL GIVE NOTICE IN ACCORDANCE WITH SECTION
2.07 B. 4. HEREIN.
B. ANY PARTY MAY APPEAR AT THE HEARING IN PERSON OR BY AGENT OR
ATTORNEY. PARTIES SHALL HAVE THE RIGHT TO PRESENT THEIR CASE BY ORAL OR
DOCUMENTARY EVIDENCE, TO SUBMIT REBUTTAL EVIDENCE, AND TO CONDUCT
SUCH INQUIRY OF FACTS OF OPPOSING PARTIES THROUGH THE CHAIRPERSON. THE
CHAIRPERSON MAY LIMIT OR PREVENT QUESTIONS OR INQUIRIES THAT ARE
IRRELEVANT OR INAPPROPRIATE. THE BOARD SHALL, AS A MATTER OF POLICY,
PROVIDE FOR THE EXCLUSION OF IRRELEVANT, IMMATERIAL, OR UNDULY
REPETITIOUS EVIDENCE AND IN FURTHERANCE OF THIS POLICY MAY LIMIT CROSS-
EXAMINATION.
5C. The Board may reverse or affirm, wholly or partly, or modify the order,
requirement or decision of the Zoning Administrator or other staff members, appealed
from and make such order, requirement, decision or determination, as it may deem
necessary.
6. Any party may appear at the hearing in person or by agent or attorney. Parties shall
have the right to present their case by oral or documentary evidence, to submit rebuttal
evidence, and to conduct such inquiry of facts of opposing parties through the
Chairman. The Chairman may limit or prevent questions or inquiries that are irrelevant
or inappropriate. The Board shall, as a matter of policy, provide for the exclusion of
irrelevant, immaterial or unduly repetitious evidence and in furtherance of this policy
may limit cross-examination.
BC. Variance:
1. PURPOSE. Any aggrieved person may appealAPPLY to the Board of Adjustment for a
variance from the terms of the Zoning Ordinance if, because of special circumstances
applicable to the property, including its size, shape, topography, location, or surroundings,
the strict application of the Zoning Ordinance will deprive such property owner of privileges
enjoyed by owners of other property of the same classification in the same Zoning District.
NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO EMPOWER THE BOARD TO
CHANGE THE TERMS OF THIS ORDINANCE, TO AUTHORIZE USES WHICH VIOLATE ANY
OTHER TOWN ORDINANCE, TO AFFECT CHANGES IN THE ZONING MAP, OR TO ADD TO
ORDINANCE 24-20 PAGE 5
OR CHANGE THE USES PERMITTED IN ANY ZONING DISTRICT. Any variance granted shall
be made subject to such conditions as will assure that the adjustment authority shall not
constitute a granting of special privileges inconsistent with the limitations upon other
properties in the zone in which such property is located.
2. APPLICATION.
A. APPLICATION. APPLICATIONS FOR A VARIANCE SHALL BE FILED
ELECTRONICALLY ON THE TOWN’S WEBSITE BY AN OWNER OF REAL PROPERTY
IMPACTED BY THE APPLICATION OF THE ZONING ORDINANCE USING THE PROCESS
ESTABLISHED BY THE DIRECTOR FOR SUCH APPLICATIONS. ALL SUCH
APPLICATIONS SHALL INCLUDE THE INFORMATION REQUIRED IN THIS SECTION.
B. PROJECT NARRATIVE. A WRITTEN STATEMENT WHICH INCLUDES:
I. A NARRATIVE DESCRIBING:
1. THE EXISTING AND PROPOSED USE OF THE PROPERTY;
2. THE ZONING ORDINANCE PROVISION THAT PROHIBITS THE
DESIRED DEVELOPMENT;
3. THE HARDSHIPS THAT WILL OCCUR IF A VARIANCE IS NOT
GRANTED; AND
4. THE RELIEF SOUGHT BY THE VARIANCE.
II. A MAP OR OTHER ILLUSTRATION OR DOCUMENTATION SHOWING
THE NATURE OF THE PROPERTY, THE PROPOSED DEVELOPMENT AND/OR
OTHER CONDITIONS JUSTIFYING THE VARIANCE REQUEST.
C. A LIST OF NAMES AND ADDRESSES FOR ALL PROPERTY OWNERS WITHIN
THREE HUNDRED (300) FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY FOR
WHICH AN APPLICATION IS MADE.
D. FILING FEE. THE APPLICATION SHALL BE ACCOMPANIED BY PAYMENT OF A
FILING FEE IN AN AMOUNT ESTABLISHED BY A SCHEDULE ADOPTED BY
RESOLUTION OF THE COUNCIL AND FILED IN THE OFFICES OF THE TOWN CLERK. NO
PART OF THE FILING FEE SHALL BE RETURNABLE. PAYMENT OF FILING FEE SHALL BE
ORDINANCE 24-20 PAGE 6
WAIVED WHEN THE CHANGE IS INITIATED BY THE COUNCIL OR THE COMMISSION
OR WHEN THE APPLICANT IS THE TOWN, SCHOOL DISTRICT, SPECIAL PURPOSE
DISTRICT, COUNTY, STATE OR FEDERAL GOVERNMENT.
3. REVIEW.
A. DETERMINATION OF COMPLETE APPLICATION. BEFORE INITIATING REVIEW,
THE DEVELOPMENT SERVICES DIRECTOR, OR DESIGNEE, SHALL REVIEW THE
SUBMITTAL TO DETERMINE IF IT IS COMPLETE AND MEETS THE REQUIREMENTS OF
THIS SECTION. APPLICANTS WILL BE NOTIFIED OF MISSING OR INCOMPLETE
APPLICATION ITEMS. ONCE AN APPLICATION HAS BEEN DETERMINED TO BE
COMPLETE THE APPLICANT WILL BE NOTIFIED TO PAY THE APPLICATION FEE.
WHEN THE FEE HAS BEEN RECEIVED, STAFF WILL BEGIN REVIEW OF THE
APPLICATION.
B. STAFF REVIEW. STAFF WILL CONDUCT A REVIEW AND ANALYSIS OF THE
PROPOSED VARIANCE AND DEVELOPMENT AND WILL SEEK ADDITIONAL
INFORMATION AND CLARIFICATION FROM THE APPLICANT AS NECESSARY TO
PREPARE A REPORT AND RECOMMENDATION TO THE BOARD OF ADJUSTMENT.
C. FOLLOWING NOTICE REQUIREMENTS, THE VARIANCE WILL BE SCHEDULED
FOR HEARING BY THE BOARD OF ADJUSTMENT.
4. NOTICE. The Board shall hear the appeal at the next regularly scheduled meeting after
the required advertising requirements have been fulfilled.Notice of the hearing shall be
made by publishing a notice thereof in the official newspaper of the Town and by posting
the property affected not less than fifteen (15) days prior to the hearing. The notice shall
set forth the time and place of the hearing and include a general explanation of the matter
to be considered.
5. HEARING.
A. THE DEVELOPMENT SERVICES DIRECTOR SHALL FIX A REASONABLE TIME FOR
THE HEARING OF THE VARIANCE AND SHALL GIVE NOTICE IN ACCORDANCE WITH
SECTION 2.07 C. 4 HEREIN.
B. ANY PARTY MAY APPEAR AT THE HEARING IN PERSON OR BY AGENT OR
ATTORNEY. PARTIES SHALL HAVE THE RIGHT TO PRESENT THEIR CASE BY ORAL OR
ORDINANCE 24-20 PAGE 7
DOCUMENTARY EVIDENCE, TO SUBMIT REBUTTAL EVIDENCE, AND TO CONDUCT
SUCH INQUIRY OF FACTS OF OPPOSING PARTIES THROUGH THE CHAIRPERSON. THE
CHAIRPERSON MAY LIMIT OR PREVENT QUESTIONS OR INQUIRIES THAT ARE
IRRELEVANT OR INAPPROPRIATE. THE BOARD SHALL, AS A MATTER OF POLICY,
PROVIDE FOR THE EXCLUSION OF IRRELEVANT, IMMATERIAL OR UNDULY
REPETITIOUS EVIDENCE AND IN FURTHERANCE OF THIS POLICY MAY LIMIT CROSS-
EXAMINATION.
6. FINDINGS.
A, A VARIANCE SHALL NOT BE GRANTED UNLESS THE BOARD FINDS SUFFICIENT
EVIDENCE TO MAKE A DETERMINATION THAT:
I. THERE ARE SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERTY,
INCLUDING ITS SIZE, SHAPE, TOPOGRAPHY, LOCATION, OR SURROUNDINGS;
AND
II. SUCH SPECIAL CIRCUMSTANCES ARE PRE-EXISTING AND NOT
CREATED BY THE PROPERTY OWNER OR APPELLANT; AND
III. THE STRICT APPLICATION OF THE ZONING ORDINANCE WILL DEPRIVE
SUCH PROPERTY OF PRIVILEGES ENJOYED BY OTHER PROPERTY OF THE SAME
CLASSIFICATION IN THE SAME ZONING DISTRICT; AND
IV. ANY VARIANCE GRANTED WILL ASSURE THAT THE ADJUSTMENT
AUTHORIZED SHALL NOT CONSTITUTE A GRANT OF SPECIAL PRIVILEGES
INCONSISTENT WITH THE LIMITATIONS UPON OTHER PROPERTIES IN THE
VICINITY AND ZONE IN WHICH SUCH PROPERTY IS LOCATED.
B, NO NONCONFORMING USE OR VIOLATIONS OF THIS ORDINANCE WITH
RESPECT TO NEIGHBORING LANDS, STRUCTURES, OR BUILDINGS IN THE SAME
ZONING DISTRICT, AND NO PERMITTED USE OF LANDS, STRUCTURES OR BUILDINGS
IN OTHER ZONING DISTRICTS SHALL BE CONSIDERED GROUNDS FOR GRANTING A
VARIANCE.
47. ACTION. In granting a variance, the Board shallMAY impose such conditions and
safeguards as are appropriate to ensure that the purpose and intent of this section remain
intact. EVERY VARIANCE SHALL BE PERSONAL TO THE APPLICANT THEREFORE AND
ORDINANCE 24-20 PAGE 8
SHALL BE TRANSFERABLE AND SHALL RUN WITH THE LAND ONLY AFTER COMPLETION
OF ANY STRUCTURE OR STRUCTURES AUTHORIZED THEREBY.
5. No nonconforming use or violations of this section with respect to neighboring lands,
structures, or buildings in the same zoning district, and no permitted use of lands,
structures or buildings in other zoning districts shall be considered grounds for granting a
variance.
6. Every variance shall be personal to the applicant therefore and shall be transferable and
shall run with the land only after completion of any structure or structures authorized
thereby.
7. Nothing herein contained shall be construed to empower the Board to change the terms
of this section, to authorize uses which violate any other Town ordinance, to affect changes
in the zoning map, or to add to or change the uses permitted in any Zoning District.
CD. Appeals from the Board: The decision of the Board shall be final, provided, however, that
any person aggrieved by a decision of the Board may, at any time within thirty (30) days after
the filing of the decision in the office of the Development Services Director, file a special action
in the nature of certiorari with the Arizona Superior Court in and for Maricopa County for
review of the Board's decision. Allowance of the writ shall not stay proceedings upon the
decision appealed from, unless the court shall grant a restraining order. If a special action is
brought for review of a matter in which the Board held a hearing which was not
stenographically or electronically recorded, then upon request of any party to the special action
or the court, the Board shall forthwith arrange a hearing in accordance with the public hearing
and posting requirements for a variance for the purpose of causing a stenographic or electronic
record to be made of the evidence presented by the parties. If evidence is presented at this
hearing, which is new, or different from that originally presented the same shall be noted in the
record by the Board Chairman.
D. Fees:
1. Upon filing an application for appeal, the appellant shall pay a filing fee in the amount
established by a schedule adopted by resolution of the Council and filed in the offices of the
Town Clerk. The filing fee may be waived when the petitioner is the Town, County, State, or
Federal Government.
ORDINANCE 24-20 PAGE 9
2. In the case of an appeal for a variance to more than one provision of this section, the
filing fee shall equal the total amount chargeable for all provisions as prescribed by the fee
schedule.
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The Fountain Hills Zoning Ordinance is current through Ordinance 24-06, and legislation passed thro…
Section 2.07 Appeals and Variances
A. Purpose. Appeals of decisions by an administrative officer of the Town in the application
of this ordinance may be filed by the applicant, by the owner of property, or by any other
person aggrieved by a decision under the provisions of this Ordinance. Variances are
authorized as set forth in Arizona Revised Statutes A.R.S. § 9-462.06 and as set forth in this
Ordinance.
B. Appeals to the Board of Adjustment The Board of Adjustment may hear appeals made by
any person who is aggrieved by the Zoning Administrator's interpretation or administration of
this ordinance.
1. Application.
a. Complete Application.Appeals shall be filed electronically on the Town’s website
using the process established by the director for such applications within fifteen (15)
days after the action appealed from.
b. The application shall include a narrative statement specifying the requested appeal
and the grounds therefore.
c. Filing Fee. The application shall be accompanied by payment of a filing fee in an
amount established by a schedule adopted by resolution of the Council and filed in
the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of
the filing fee may be waived when the petitioner is the Town, County, State or
Federal Government.
2. Stay of Proceedings. The appeal stays all proceedings in the matter appealed from,
unless the Zoning Administrator certifies to the Board that, by reason of the facts stated in
the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such
case, proceedings shall not be stayed, except by a restraining order granted by the Board,
on application and notice to the Zoning Administrator, or by a court of record.
3. Review.
a. Determination of Complete Application. Before initiating review, the
Development Services Director, or designee, shall review the submittal to determine if it
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The Fountain Hills Zoning Ordinance is current through Ordinance 24-06, and legislation passed thro…
is complete and meets the requirements of this section. Applicants will be notified of
missing or incomplete application items. Once an application has been determined to
be complete, the applicant will be notified to pay the application fee. When the fee has
been received, staff will begin review of the application.
b. Staff review. Staff will conduct a review and analysis of the appeal and will seek
additional information and clarification from the applicant as necessary to prepare the
appeal for consideration by the Board. Staff will inform the applicant of any revisions
needed to bring the application into compliance with Town requirements.
c. Following notice requirements, the appeal will be scheduled for hearing by the
Board of Adjustment at their next available meeting.
4. Notice. Notice of the hearing shall be made by publishing a notice thereof in the official
newspaper of the Town and, if applicable, by posting the property affected not less than
fifteen (15) days prior to the hearing. The notice shall set forth the time and place of the
hearing and include a general explanation of the matter to be considered.
5. Hearing.
a. The Development Services Director shall fix a reasonable time for the hearing of the
appeal and shall give notice in accordance with Section 2.07 B. 4. herein.
b. Any party may appear at the hearing in person or by agent or attorney. Parties shall
have the right to present their case by oral or documentary evidence, to submit rebuttal
evidence, and to conduct such inquiry of facts of opposing parties through the
Chairman. The Chairman may limit or prevent questions or inquiries that are irrelevant
or inappropriate. The Board shall, as a matter of policy, provide for the exclusion of
irrelevant, immaterial, or unduly repetitious evidence and in furtherance of this policy
may limit cross-examination.
c. The Board may reverse or affirm, wholly or partly, or modify the order, requirement
or decision of the Zoning Administrator or other staff members, appealed from and
make such order, requirement, decision or determination, as it may deem necessary.
C. Variance:
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The Fountain Hills Zoning Ordinance is current through Ordinance 24-06, and legislation passed thro…
1. Purpose. Any aggrieved person may apply to the Board of Adjustment for a variance
from the terms of the Zoning Ordinance if, because of special circumstances applicable to
the property, including its size, shape, topography, location, or surroundings, the strict
application of the Zoning Ordinance will deprive such property owner of privileges enjoyed
by owners of other property of the same classification in the same Zoning District. Nothing
herein contained shall be construed to empower the Board to change the terms of this
ordinance, to authorize uses which violate any other Town ordinance, to affect changes in
the zoning map, or to add to or change the uses permitted in any Zoning District.
2. Application.
a. Application. Applications for a variance shall be filed electronically on the Town’s
website an owner of real property impacted by the application of the zoning ordinance
using the process established by the Director for such applications. All such
applications shall include the information required in this section.
b. Project Narrative. A written statement which includes:
i. A narrative describing:
1. The existing and proposed use of the property;
2. The zoning ordinance provision that prohibits the desired
development;
3. The hardships that will occur if a variance is not granted; and
4. The relief sought by the variance.
ii. A map or other illustration or documentation showing the nature of the
property, the proposed development and/or other conditions justifying the
variance request.
c. A list of names and addresses for all property owners within three hundred (300)
feet of the exterior boundaries of the property for which an application is made.
d. Filing Fee. The application shall be accompanied by payment of a filing fee in
an amount established by a schedule adopted by resolution of the Council and filed in
the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of
2.07, Appeals and Variances Page 4 of 6
The Fountain Hills Zoning Ordinance is current through Ordinance 24-06, and legislation passed thro…
filing fee shall be waived when the change is initiated by the Council or the Commission
or when the applicant is the Town, school district, special purpose district, county, state
or federal government.
3. Review.
a. Determination of Complete Application. Before initiating review, the
Development Services Director, or designee, shall review the submittal to determine if it
is complete and meets the requirements of this Section. Applicants will be notified of
missing or incomplete application items. Once an application has been determined to
be complete the applicant will be notified to pay the application fee. When the fee has
been received, staff will begin review of the application.
b. Staff review. Staff will conduct a review and analysis of the proposed variance
and development and will seek additional information and clarification from the
applicant as necessary to prepare a report and recommendation to the Board of
Adjustment.
c. Following notice requirements, the variance will be scheduled for hearing by the
Board of Adjustment.
4. Notice. Notice of the hearing shall be made by publishing a notice thereof in the official
newspaper of the Town and by posting the property affected not less than fifteen (15) days
prior to the hearing. The notice shall set forth the time and place of the hearing and include
a general explanation of the matter to be considered.
5. Hearing.
a. The Development Services Director shall fix a reasonable time for the hearing of
the variance and shall give notice in accordance with Section 2.07 C. 4 herein.
b. Any party may appear at the hearing in person or by agent or attorney. Parties
shall have the right to present their case by oral or documentary evidence, to submit
rebuttal evidence, and to conduct such inquiry of facts of opposing parties through the
Chairman. The Chairman may limit or prevent questions or inquiries that are irrelevant
or inappropriate. The Board shall, as a matter of policy, provide for the exclusion of
irrelevant, immaterial or unduly repetitious evidence and in furtherance of this policy
may limit cross-examination.
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The Fountain Hills Zoning Ordinance is current through Ordinance 24-06, and legislation passed thro…
6. Findings.
a, A variance shall not be granted unless the Board finds sufficient evidence to
make a determination that:
i. There are special circumstances applicable to the property, including its
size, shape, topography, location, or surroundings; and
ii. Such special circumstances are pre-existing and not created by the
property owner or appellant; and
iii. The strict application of the Zoning Ordinance will deprive such property
of privileges enjoyed by other property of the same classification in the same
zoning district; and
iv. Any variance granted will assure that the adjustment authorized shall not
constitute a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity and zone in which such property is located.
b, No nonconforming use or violations of this ordinance with respect to
neighboring lands, structures, or buildings in the same zoning district, and no permitted
use of lands, structures or buildings in other zoning districts shall be considered
grounds for granting a variance.
7. Action. In granting a variance, the Board may impose such conditions and safeguards
as are appropriate to ensure that the purpose and intent of this section remain intact.
Every variance shall be personal to the applicant therefore and shall be transferable and
shall run with the land only after completion of any structure or structures authorized
thereby.
D. Appeals from the Board: The decision of the Board shall be final, provided, however, that
any person aggrieved by a decision of the Board may, at any time within thirty (30) days after
the filing of the decision in the office of the Development Services Director, file a special action
in the nature of certiorari with the Arizona Superior Court in and for Maricopa County for
review of the Board's decision. Allowance of the writ shall not stay proceedings upon the
decision appealed from, unless the court shall grant a restraining order. If a special action is
brought for review of a matter in which the Board held a hearing which was not
stenographically or electronically recorded, then upon request of any party to the special action
2.07, Appeals and Variances Page 6 of 6
The Fountain Hills Zoning Ordinance is current through Ordinance 24-06, and legislation passed thro…
or the court, the Board shall forthwith arrange a hearing in accordance with the public hearing
and posting requirements for a variance for the purpose of causing a stenographic or electronic
record to be made of the evidence presented by the parties. If evidence is presented at this
hearing, which is new, or different from that originally presented the same shall be noted in the
record by the Board Chairman.
Section 2.04 Site Plan Review Regulations
A. Purpose and Applicability.
1. Purpose. The purpose of these Site Plan review regulations is to provide for administrative review and
approval of Site Plans and review for compliance with the architectural guidelines in Chapter 19 of the Zoning
Ordinance prior to submitting for building construction plan review. This review process helps address any
potential development issues early in the development process and ensure that the proposed building can be
located on the lot in conformance with the intent and provisions of the General Plan, this Zoning Ordinance
and all other relevant Town ordinances and polices. These Site Plan review regulations also provide for a two-
step appeal of the Site Plan review administrative decision first to the Planning and Zoning Commission and
second to the Town Council.
2. Applicability. All nonresidential developments, multifamily developments having five or more dwelling
units, and mixed-use developments shall receive Site Plan approval prior to submission of construction plans
related to a development, redevelopment, or expansion of existing development.
B. Application.
1. Complete Application. Applications for Site Plan review shall be filed electronically on the Town’s website
by an owner of the real property within the area proposed for the Site Plan review using the process
established by the Director for such applications. All such applications shall include the information required
in this section.
2. Project Narrative. A written statement which includes:
a. A narrative describing the existing zoning, desired use of the property, and reasons justifying the
proposed Site Plan.
b. A true statement revealing any conditions or restrictions of record (if any) which would affect the
permitted uses of the property and the date or dates (if any) of expiration thereof. If the applicant is not
the current owner, or has owned the property for less than one year, this statement should also include
any real estate disclosures associated with the purchase of the property.
3. A fully dimensioned, detailed Site Plan drawn to scale, prepared by an Arizona registered Land Surveyor,
an Arizona registered Civil Engineer, or an Arizona registered Architect, which shows the following:
a. Legal description, property dimensions and heading, along with the name, address and telephone
number of the owner, developer and designer.
b. A generalized location map showing surrounding land use, zoning, and traffic circulation patterns
within a 300-foot radius of the property, measured in all directions from the perimeter of the property
lines. A north arrow and scale shall be provided.
Chapter 2 Procedures | Fountain Hills Zoning Ordinance Page 1 of 6
The Fountain Hills Zoning Ordinance is current through Ordinance 24-10, passed June 18, 2024.
c. Site conditions information, including:
i. A topographic survey extending at least 100 feet beyond the exterior property line of the site.
Contour interval shall not exceed two feet within 20 feet of any proposed improvement and five-
foot intervals for the remainder of the lot or parcel.
ii. Location and extent of major vegetative cover (if any). All Saguaro cacti over three feet in height
must be identified as well as significant vegetation and rock outcroppings as defined in Article 1 of
the Subdivision Ordinance.
iii. Location and extent of intermittent streams and water ponding areas.
iv. Existing drainage, including arrows showing direction of flow. Show any areas of ponding.
v. Natural features such as mesas, rock outcroppings, or streams and manmade features such as
existing roads and structures, with indication as to which are to be retained and which are to be
removed or altered.
vi. A slope analysis map with categories of less than 10 percent, 10 to 20 percent, 20 to 30 percent
and 30 percent and above. Identify hillside disturbance areas and Hillside Protection Easement
(H.P.E.) areas with areas of each totaled in a table. Demonstrate compliance with the hillside
disturbance regulation of the Town’s Subdivision Ordinance, Section 5.04, or specifically identify
variations from these requirements.
d. Proposed land use areas and specifications, including use standards of each area, as applicable:
i. Proposed dwelling unit type, total land area and maximum density of residential use areas.
ii. Proposed uses, total land area and maximum lot coverage. List the individual square footage of
all nonresidential buildings and disturbance areas.
iii. Proposed public streetscape and public and private open space improvements and their
relationship to the overall development.
iv. Building heights, minimum lot areas and setbacks. Show the size and dimensions of yards and
spaces between buildings and show the location, type and height of walls and fences.
v. Building elevations and architectural renderings showing architectural theme colors and type
of exterior building materials for each structure or group of structures; include all sides in both
black and white and color (see Chapter 19 for Architectural Review Guidelines).
vi. A graphic representation of the proposed landscaping treatment, plant materials, fences, walls
and other Site Plan and open space improvements, in accordance with the Subdivision Ordinance,
Article 6.
vii. Proposed location and width of any arterial, collector or local streets.
Chapter 2 Procedures | Fountain Hills Zoning Ordinance Page 2 of 6
The Fountain Hills Zoning Ordinance is current through Ordinance 24-10, passed June 18, 2024.
viii. Proposed location and use of all lands proposed to be dedicated for public purposes including
parks, storm water retention areas and school sites.
ix. If structures are proposed, show cross-sections through site and building at 25-foot intervals
perpendicular to slope, giving percentage of slope at each, and showing exact heights of structures
at each existing contour.
x. If structures are proposed, each floor level shall be shown with different shading with a legend
giving grade or elevation of each level.
xi. If a garage(s) is proposed, the proposed elevation or grade at garage floor and at existing street
level at drive entry. Give percentage of total average slope, and percent and length of single
steepest portion of driveway.
xii. The individual square footage of buildings, garages, patios, footprint, and disturbance area.
xiii. All disturbed (or graded) areas and the proposed method of final treatment. Indicate all
retaining walls, showing the actual heights.
xiv. Existing and proposed grades and drainage systems and how drainage is altered, how it is
redirected to original channel and show that the requirements regarding storm water runoff and
drainage have been met.
xv. Location, number of spaces, dimensions, circulation patterns, and surface materials for all
off-street parking and loading areas, driveways, access ways, and pedestrian walkways. Show
compliance with all parking lot landscape requirements (see Chapter 7, Parking and Loading
Requirements). The acceptability of any proposed shared parking arrangement must be validated in
a study prepared by an independent traffic expert approved by the Town and whose services are
paid for by the applicant.
xvi. The location, dimensions, area, materials, and lighting of signage.
xvii. A lighting plan in conformance with Chapter 8 of this Zoning Ordinance; include a photometric
plan showing foot candles of lighting in all parking lots.
xviii. Street dedications and improvements.
xix. The size and locations of all existing and proposed public and private utilities. All easements
must be shown and given in writing.
xx. A phasing plan, if the project will be completed in phases, indicating which improvements will
be completed in each phase.
xxi. A traffic analysis, unless waived by the Development Services Director.
e. If the site contains unique features requiring additional analysis, any other information the plan
reviewer reasonably determines to be necessary to establish compliance with this Zoning Ordinance.
Chapter 2 Procedures | Fountain Hills Zoning Ordinance Page 3 of 6
The Fountain Hills Zoning Ordinance is current through Ordinance 24-10, passed June 18, 2024.
4. Fee. Payment of a filing fee established by a schedule adopted by resolution of the Council and filed in
the offices of the Town Clerk. No part of the filing fee shall be refundable. Payment of the filing fee shall be
waived when the applicant is the Town, school district, special purpose district, county, state, or federal
government.
C. Review and Approval.
1. Determination of Complete Application. Before initiating review, the Development Services Director, or
designee, shall evaluate the submittal to determine if it is complete and meets the requirements of this
section. Applicants will be notified of missing or incomplete application items. Once an application has been
determined to be complete the applicant will be notified to pay the application fee. When the fee has been
received, staff will begin review of the application.
2. Staff Review. Staff will conduct review and analysis of the Site Plan and will seek additional information
and clarification from the applicant as necessary to take action on the application. Staff will inform the
applicant of any revisions needed to bring the Site Plan into compliance with Town requirements.
3. The action of the staff shall be one of approval when the applicant submits a Site Plan which conforms to
all applicable regulations and the conditions placed upon the Site Plan by the staff. Approval shall be
documented by staff stamping the final Site Plan “approved.”
D. Appeals. The application for an appeal of an Administrative Site Plan review decision shall be made within 30
days of said decision and shall be accompanied by a filing fee in an amount established by the Town Council as
part of its annual budget or by separate resolution. No part of the filing fee shall be refundable. Payment of the
filing fee may be waived when the petitioner is the Town, the federal government or a county, state, school district,
or sanitary district.
1. Any applicant for administrative Site Plan approval who is dissatisfied or aggrieved by the decision of the
Planning and Zoning Division may, within 30 days, appeal the decision to the Planning and Zoning
Commission. The Planning and Zoning Commission may approve, conditionally approve, continue to a later
date or deny said Site Plan based on compliance with all provisions of this Zoning Ordinance.
2. Any applicant who is dissatisfied or aggrieved by the appeal decision of the Planning and Zoning
Commission may, within 30 days, appeal their decision to the Town Council. The Town Council may approve,
conditionally approve, continue to a later date or deny said Site Plan based on compliance with all provisions
of this Zoning Ordinance.
E. Expiration of Site Plan Approval.
1. A Site Plan approval becomes void if a building permit has not been issued within one year from the date
of the approval.
2. If the applicant files for an extension prior to the Site Plan approval becoming void, an extension may be
granted by the Planning and Zoning Division.
Chapter 2 Procedures | Fountain Hills Zoning Ordinance Page 4 of 6
The Fountain Hills Zoning Ordinance is current through Ordinance 24-10, passed June 18, 2024.
F. Site Plan Amendments. Following approval of a Site Plan, modifications to the site or building must be
approved through approval of a Site Plan amendment following the procedures above. Site plan amendment may
be considered minor or major as defined below. The fee for a minor Site Plan amendment shall be one-quarter
the current Site Plan review fee. The Zoning Administrator shall determine if a Site Plan modification is minor or
major using the criteria below:
1. A modification shall be considered minor if the Zoning Administrator determines the modification
involves:
a. A change in landscape area or open space of less than 25 percent; or
b. A change in the total building footprint that is less than 10 percent of the initially approved building
footprint; or
c. An increase in building height at any point that is less than 10 percent of the initially approved
building height; or
d. Minimal adjustments to:
i. The building footprint, location, or orientation;
ii. The pad location;
iii. The configuration of a parking lot or drive aisles;
iv. Project amenities such as, but not limited to, recreational facilities, pedestrian amenities,
fencing or other screening material;
v. Residential density; or
vi. the approved phasing plan;
e. Does not modify any specific conditions of approval for the original Site Plan.
2. A modification shall be considered major if it does not meet the requirements to be considered a minor
Site Plan modification.
G. Special Use Permits – Temporary Use Permits. If the Site Plan is proposed for a property or use that will require
approval of a special use permit or temporary use permit, the special use permit or temporary use permit must be
considered and acted upon prior to approval of the Site Plan. The applicant may choose to have the Site Plan
processed concurrently with a special use permit and considered by the Planning and Zoning Commission and
Town Council with the special use permit. (23-06, Amended, 05/16/2023, Deleted and replaced)
Chapter 2 Procedures | Fountain Hills Zoning Ordinance Page 5 of 6
The Fountain Hills Zoning Ordinance is current through Ordinance 24-10, passed June 18, 2024.
The Fountain Hills Zoning Ordinance is current through Ordinance 24-10, passed June 18, 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.
Chapter 2 Procedures | Fountain Hills Zoning Ordinance Page 6 of 6
The Fountain Hills Zoning Ordinance is current through Ordinance 24-10, passed June 18, 2024.