HomeMy WebLinkAboutMINUTESpacket_PZ_07-12-21_1056_151TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
JULY 12, 2021
1.ROLL CALL
Present: Chairman Peter Gray; Vice Chairman Scott Schlossberg (telephonically);
Commissioner Jessie Brunswig; Commissioner Clayton Corey;
Commissioner Dan Kovacevic; Commissioner Roderick Watts, Jr.
Absent: Commissioner Susan Dempster
Staff
Present:
John Wesley , Development Services Director; Farhad Tavassoli, Senior
Planner; Paula Woodward, Executive Assistant
2.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Chairman Gray called the meeting of July 12, 2021, to order at 6:00 p.m.
3.CALL TO THE PUBLIC
None
4.CONSIDERATION OF approving the regular meeting minutes of the Planning and Zoning
Commission May 10, 2021.
MOVED BY Commissioner Dan Kovacevic, SECONDED BY Commissioner Clayton
Corey to approve the regular meeting minutes of the Planning and Zoning Commission
May 10, 2021.
Vote: 6 - 0 - Unanimously
5.CONSIDERATION OF a Special Use Permit to allow four residential units at an existing
building located at 16842, 16843, 16844 and 16845 E. Avenue of the Fountains
(generally located north of Avenue of the Fountains, between Saguaro Blvd. and Verde
River Dr.) and in the C-2 (Intermediate Commercial) Zoning District and the
Entertainment Overlay District. SU 2021-04
Mr. Tavassoli gave a brief PowerPoint presentation which addressed:
Mr. Tavassoli gave a brief PowerPoint presentation which addressed:
Purpose
Location
Request
Review standards
Staff Recommendation
Mr. Tavassoli explained that this was an application for a Special Use Permit at 16842,
16843, 16844 and 16845 East Avenue of the Fountains. Currently it is a vacant
building which would be remodeled to allow two residential units on the 2 nd floor
and two residential units on the ground floor. A portion of the first floor, facing the
Avenue is occupied by the restaurant Sofrita’s. No additional on-site parking would be
required in Plat 208. This property is zoned C-2 and is within the Planned Shopping
Center and Entertainment Overlay District.
Mr. Tavassoli said that the proposed property use ties in with the Fountain Hills
General Plan 2020. The plan calls for thriving neighborhoods that encourage a broad
range of housing types and densities consistent with the character area. He said that
this downtown area is a highly integrated mix of uses where this underutilized
property could benefit from a long term use for commercial and residential. He
reminded the commission that the residential use on the second floor is allowed by
right and the two units on the ground floor are the subject of the SUP.
He concluded that staff recommends approval.
In response to Commissioner Watts, Mr. Tavassoli replied that Sofrita’s business hours
were not discussed with the applicant. The parking allocation for the buildings in Plat
208 already exist. The parking spaces for the residential units are two spaces per unit.
Commissioner Brunswig asked if the property owner has tried to secure businesses for
the commercial space before deciding to split the property to residential and
commercial use.
Stan Connick, project architect, explained to the Commission that he thinks this is a
neat project because it allows for underutilized property to become part of a thriving
downtown area. It creates a better mix then what is currently there now. The units are
reasonably small, around 1,000 square feet. The floor plans are typical with fresh and
cool interiors. There will not be too much change to the exterior. The client is
purchasing the building with the condition of an approved Special Use Permit.
In response to Commissioner Schlossberg the applicant said that they are looking to
invest and repurpose the property. They intend to sell the four units individually.
In response to Chairman Gray, Mr. Tavassoli replied that staff did not receive any
feedback or responses to the mailer notifications regarding the project. Public notices
were mailed and posted to the Fountain Hills Times and the property. The notification
mailer sent to the Park Place apartments were sent to the Park Place owners since the
units are leased. Mr. Tavassoli stated that the courtyard is a common element for Plat
208. Any change in use of the courtyard would probably go through the review
Planning and Zoning Commission Meeting of July 12, 2021 2 of 17
process with the Plat 208 Association.
Chairman Gray opened the public hearing.
Chairman Gray closed the public hearing.
MOVED BY Commissioner Jessie Brunswig, SECONDED BY Commissioner Clayton
Corey to forward a recommendation to the Town Council to approve the Special Use
Permit to allow four residential units at an existing building located at 16842,
16843,16844, 16845 East Avenue of the Fountains.
Vote: 4 - 2
NAY: Chairman Peter Gray
Commissioner Dan Kovacevic
6.HOLD A PUBLIC HEARING AND CONSIDER Ordinance number 21-02, establishing
Section 2.08, Citizen Participation, in the Zoning Ordinance.Case Z2020-12
Mr. Wesley said that this agenda item was continued from the last meeting in order
to research and provide information that the Commission requested to make possible
adjustments to the ordinance. Mr. Wesley said that this is a proposed ordinance for a
new section in the Zoning Ordinance. The reason for the new section, “Citizen
Participation” is to require applicants to engage community participate early in the
development process. Currently the only requirement is for a public notice be sent to
property owners within 300 feet of the development project, public notification
published in the local newspaper and a poster display on the property. By the time the
applicant gets to the public hearing stage it becomes difficult to make changes or
modifications to a proposal. By starting the process earlier property owners near the
development have an opportunity to be informed about the proposed project and
provide feedback to the developer.
Mr. Wesley gave a PowerPoint presentation which addressed:
Background
Proposed section 2.08
Previous Discussions / Changes
Implementation Guidelines
Staff Recommendations
Mr. Wesley said that the proposed new Section 2.08 zoning ordinance would include:
Section A of the ordinance requires that the applicant submit a Citizen
Participation Plan with their application. The Plan needs to state who they are
Planning and Zoning Commission Meeting of July 12, 2021 3 of 17
Participation Plan with their application. The Plan needs to state who they are
going to contact (at a minimum this is the property owners in the required
public hearing notice area), a general description of how interested persons can
obtain information about the proposed development, how the applicants plans
to contact those on the contact list, a description of the schedule for
implementation of the plan, and a statement as to how the applicant will keep
the Town informed of comments received.
Section B of the ordinance requires the applicant to file a Citizen Participation
Report prior to the item going to its first public hearing. The Report must
describe any issues or concerns raised and how they were addressed (which can
be a statement that they did not make any changes), include a list of people
who made contact with the applicant through the citizen participation process,
and provide a description of all input received from interested parties
Section C of the ordinance lists the type of information that needs to be
supplied to the public when they are notified of the proposal to ensure they
have a picture of what is being proposed.
Section D of the ordinance states that if the Development Services Director
determines the ordinance was not followed or the efforts to work with the
public were insufficient to provide meaningful public input, that the application
can be postponed, rescheduled, or denied.
Section E of the ordinance makes it clear that the information and notices
published regarding the Citizen Participation Ordinance are different from the
public hearing notices that occur prior to a hearing.
He stated that staff took into consideration the commissions concerns and comments
from the last meeting which were:
To reduce the Homeowner's Associations or registered neighborhoods to be
included in the notification regarding the planned development to those with
property within the standard notification area (300'). Staff has made that
change in Section A. 1. B
Include virtual meetings in the options for informing citizens and receiving
feedback. That was an option in the previous draft ordinance, but not
specifically listed. Section A. 3. now specifically lists this as one of the options.
There was also some discussion of making a virtual meeting a requirement.
Staff has chosen to not make it a requirement in the ordinance. This is because
of the range of types of cases that might have to implement a citizen
participation plan. We have, however, added a set of guidelines to be used
along with the ordinance. Those guidelines are attached. Those guidelines
encourage virtual meetings, especially for larger projects and applications being
processed during the summer months when many residents are out of town.
Require a checklist of ordinance requirements to demonstrate the
development will comply with all ordinances, or highlight which ones will not be
met, so they can be recognized and discussed. This one was more challenging
for a number of reasons. Citizen Participation Plans will be required with
general plan amendments, rezoning, and special use permits. Only the special
use permit application requires a site plan. Therefore, at this stage of a project
Planning and Zoning Commission Meeting of July 12, 2021 4 of 17
use permit application requires a site plan. Therefore, at this stage of a project
the developer may not know what site plan challenges they may have that
would result in a need to deviate from the ordinance. We do not want to create
a false sense that just because no deviations were listed at this point that there
will not be some in the future. Further, there are so many ordinances that a list
would be very long and cumbersome to put together and use. As an
alternative, staff has added a new Section C. 4. which requires the applicant to
include "a list of any identified deviations from standard ordinance
requirements being considered or requested for the development." This will at
least get the applicant, staff, and citizens thinking about the topic and
considering any potential issues.
Require staff to attend any meetings held between the applicant and
neighbors. There is a concern that the applicant may not paint a clear picture of
the project or properly represent commitments made during the meeting. The
challenges with this approach are that, given the nature of the application there
may not be organized meetings, some information flow can happen out side of
an organized meeting, and the emphasis is to create dialogue between the
applicant and neighbors - having staff in a meeting tends to shift the emphasis
and have staff be the go between. As an alternative, staff has included in the
guidelines that staff is to be notified of any meetings and the option to attend.
This provides flexibility to the individual situation without making it an
ordinance requirement.
Mr. Wesley concluded that he hoped the Commission had the opportunity to review
the revised implementation guidelines. The guidelines allow the applicant to view
examples of guidelines in hopes of making it easy to implement the ordinance. It
would also allow the applicant to make reasonable changes to address concerns so
those would not have to be addressed at the required public hearing. The applicant is
not obligated to make recommended changes but to report the input received and
how they responded. He said staff recommends approval and he would be happy to
take any questions from the Commission.
Commissioner Brunswig made a suggestion to put a statement in the ordinance to
clarify Citizen Participation Plans and public hearings – they are two different types of
meetings. She also provided to Mr. Wesley a “mark up” draft of the plan.
Commissioner Kovacevic said that he is in favor of the ordinance. It is good business
for the builders to speak with the neighbors. It’s an opportunity to make life better for
everybody. He would like to see the word “continuous” removed from the ordinance.
He does not see how it is a continuous feedback process.
Mr. Wesley agreed and said that the word “continuous” would be removed.
Commissioner Watts suggested that staff should attend the public meetings in case
the situation become contentious. Staff would also be available to answer questions
asked by the public. Commissioner Watts suggested small changes in the guidelines
that the code requirements read as “should be.”
Mr. Wesley replied that the guidelines are very flexible. Any comments or changes to
Planning and Zoning Commission Meeting of July 12, 2021 5 of 17
guidelines are easy to make.
Ted Blank, Fountain Hills resident, Board Member of the Fountain Hills Dark Sky, told
the Commission he appreciates the Commission considering the new ordinance and
affirmed how important the amendment is to keeping the dark skies dark. He said that
“Commercial outdoor lighting is available in many styles, including what are called
“Dark Sky Friendly” designs. These are designs that ensure that all light is directed
downward and that the actual “luminaire” or light-emitting component is not visible
from outside the property. Unfortunately, this element of design is frequently
overlooked when architects and designers are choosing outdoor lighting for their
projects. The result is outdoor fixtures which produce glare, shine onto adjacent
properties or drivers in the street, and light up the sky for no reason. By the time the
legally required Public Hearings are scheduled, outdoor lighting is typically already
specified in the design, and may even be ordered and in a warehouse waiting to be
installed. If those lights turn out to be in violation of Fountain Hills existing lighting
ordinances, it’s going to be a costly fix to replace them. An example of a situation like
this can be seen at the Morningstar Assisted Living facility. When construction was
well underway he reviewed the lighting plan and confirmed that the outer perimeter
parking lot lights were clearly specified to be ordered with curved rear shields to keep
the light from those perimeter fixtures from spilling out onto the street and shining
into the eyes of drivers. For whatever reason the shields were either not ordered or
not installed. An early design review would have discussed these shields with the
developers and stressed how important they were, increasing the chances that they
would have been properly ordered and installed. By the way, those lights remain
unshielded today, almost five years later. The opportunity to review plans at the
earliest possible stage will be a boon to both citizens and developers, as it will ensure
that appropriate lighting is specified at the beginning and avoiding expensive rework.
However, it is possible that at the very early stages of review, the exact manufacturer
and model of outdoor lighting fixtures for a project may not have been decided on.
Please ensure that citizens can stay involved all through the design process. A single
opportunity to review plans may not give citizens the opportunity to weigh in on
important decisions which may be made at a later date.”
Larry Meyers, Fountain Hills resident said that he supports the ordinance. He said
that it will clean up a lot of messes before they ever get in front of the Commission. If
the Town had it four years ago things would have been a lot happier than what
transpired.
Ed Stizza, Fountain Hills resident, said that this is a very important process and
important for the applicant to hear what the public has to say about a project. He said
he supports this ordinance and said it was too bad this was not around when the
medical facility came to town. He expressed concern about one of the Town’s capital
projects, the installation of a crosswalk at Saguaro and Tower. His concern was the
crosswalk lights conflicting with the Dark Sky Ordinance. He suggested that a timer be
used on the lights.
The following Fountain Hills residents submitted comments electronically and stated
they support the proposed Citizen Participation Ordinance.
Planning and Zoning Commission Meeting of July 12, 2021 6 of 17
Jill Blank wrote, “I am in support of this ordinance. Citizens should be allowed to
provide comments and input prior to development changes and prior to design
planning. Thank you.”
Frank T Bye Sr wrote, “The Fountain Hills zoning ordinance currently does not include
a required citizen participation process early in the design phase. It is proposed that
such a requirement be added to our zoning ordinance. I’m in favor of this being added
to the zoning ordinance.”
Mary Courtney, Fountain Hills resident, wrote, “I strongly support a requirement be
added to the zoning ordinance for Citizen Participation early in the builder/developer
design phase. “Daybreak” is a sad reminder how important this is.”
Cindy Couture, Fountain Hills resident, wrote,”Early citizen input on issues is essential
for saving time and money for developer and town staff as well as keeping citizens’
needs in mind. Please vote for early citizen participation.”
David Dunham, Fountain Hills resident, wrote, “I support this ordinance.”
Karen Farkas, Fountain Hills resident, wrote, “In my opinion, it is more cost-effective
for all concerned to have citizen input as early in a planning process as possible.
Delaying input until close to the end of the approval process means that some aspects
of the project may be very difficult to change, particularly without incurring significant
costs. My main concerns are with lighting and noise, although I will admit that I am
also concerned with the visual aspect - particularly after the color fiasco with the
apartments on the Avenue of the Fountains. Thank you for reading my comments into
the record.”
Charles Holmes, Fountain Hills resident, wrote, “Citizens often feel they are left out of
the planning process, not being afforded the opportunity to provide meaningful
input. I believe this ordinance will go a long way to correct this. The earlier in the
process that input can be offered will help improve the final plan. Please give positive
consideration to this improvement in the process. Thank you.”
Clyde Hurtig, Fountain Hills resident, wrote, he was in support of the proposed
ordinance and his “Concerns are light, noise and odor.”
Nora Leone, Fountain Hills resident, wrote, “Please amend the proposal process to
require citizen input early in the approval process. This can help ensure that lighting
for new projects will not interfere with Fountain Hill’s designation as a dark sky
community. We are so lucky to be one of the few communities worldwide with that
designation, but some contractors and site planners may not be aware of how the
lighting they choose impacts that status, thank you for reading my request.”
Cathy Sumard, Fountain Hills resident, wrote, “The Fountain Hills zoning ordinance
currently does not include a required citizen participation process early in the design
phase. I recommend that such a requirement be added to our zoning ordinance. Early
in the process it is generally easier to impact the design of the property and buildings
Planning and Zoning Commission Meeting of July 12, 2021 7 of 17
before a lot of design decisions are made and costs are incurred in the design process.
The goal of the ordinance is to ensure a person owning property near a proposed
development has the opportunity to be informed early in the design of a proposed
development and provide early comments. Vote Yes!”
Robert Wilson, Fountain Hills resident, wrote, “I am in full agreement that a required
citizen participation process early in the design phase be added to our zoning
ordinance. This includes outdoor lighting, which is critical to retaining the town's
designation as a Dark Sky community!”
Peggy Yeargain, Fountain Hills resident, wrote, “I support the adoption of this
ordinance allowing residents to participate in early design reviews.”
Chairman Gray closed the public hearing.
In response to Chairman Gray Mrs. Wesley replied that the Citizen Participation
Ordinance applies to the applications that require a public hearing process. Most site
plans would not require a citizen participation since it is administratively reviewed and
there is no public hearing process.
Chairman Gray stated that the perception may be that more applications will go
through the Citizen Participation Ordinance process than those required. Never the
less the big ticket items are processed through the proposed ordinance. Stakeholders
and property owners will have an opportunity to provide input. Chairman Gray stated
that since there was so much interest from the Dark Sky Community regarding this
ordinance, is there a way to involve them in the process.
Mr. Wesley replied that Chapter 8 of the Zoning Ordinance lays out all the standards
and requirements pertaining to the dark sky lighting ordinance. The Dark Sky
Committee could be included in the notification list. This would include the Dark
Sky Committee but not require feedback from them. This could be added to the
required list for the ordinance or guidelines. He also suggested that Chapter 8 could
be revised to include the Dark Sky where they could provide feedback to the applicant
and Chairman Gray agreed.
Dan Kovacevic stated that the dark sky lighting requirements are on the plan but the
Planning and Zoning Commission cannot enforce that it actually happens.
Mr. Wesley said that through the planning and building review process any
noncompliance is called out and required to be corrected in order to get permit
approval. This would include dark sky noncompliance. He said he was unaware of the
dark sky lighting issue at the Morningstar mentioned earlier in the evening by Ted
Blank. Mr. Wesley said he would research this issue further. As Dark Sky complaints
come in they are addressed by staff.
Commissioner Brunswig pointed out that if accommodations are made for one group
what would prevent additional groups from wanting to be part of the ordinance.
Mr. Wesley said that’s a good point. If the Dark Sky Ordinance is amended it would
Planning and Zoning Commission Meeting of July 12, 2021 8 of 17
allow the Dark Sky Committee to participate and provide feedback to the applicant
and the Town.
Commissioner Corey stated that the Dark Sky Committee helps the Town support the
ordinance. He said that it was clear from the public speakers and comments that the
community supports the dark sky. He said that staff should attend the citizen
participation meeting to help facilitate and ensure the developer follows through on
the plan. He asked, “How does the public stay involved throughout the whole review
process? “
Mr. Wesley replied that the developer is responsible for providing detailed meeting
reports to the Town. The neighbors have an opportunity to comment on how the
meeting transpired. If there is a conflict then staff would assist with a resolution. Staff
would review a plan submittal and ensure the developer/applicant is holding the
amount of meetings and providing public feedback appropriate to that particular
project. The meetings could be held virtual, in person or one on one such as a door to
door campaign. In regards, to a checklist, Mr. Wesley replied that staff currently does
not have plans to use one. A checklist of everything in the ordinance would be so
large and impossible to apply.
In response to Chairman Gray Mr. Wesley replied that a note could be added to the
text amendment that staff requires additional meetings.
Discussion ensued regarding the stipulations to the ordinance.
In response to Commissioner Watts, Mr. Wesley confirmed that the Dark Sky
Ordinance is in compliance with the dark sky community requirements. The Town
prepares an annual dark sky compliance report that includes light level readings.
MOVED BY Chairman Peter Gray, SECONDED BY Commissioner Clayton Corey to
forward a recommendation to Town Council to approve Ordinance 21-02, establishing
Section 2.08, Citizen Participation, in the Zoning Ordinance.
Vote: 6 - 0 - Unanimously
7.HOLD A PUBLIC HEARING AND CONSIDER Ordinance 21-06 amending the Zoning
Ordinance, Chapter 1 to change the definition of hospital and Chapter 12 to provide for
hospitals as a permitted use. Z 2021-01
Mr. Wesley explained that this agenda item (#7) was continued from the April 12,
2021 and May 10, 2021, Planning and Zoning Commission agendas for consideration
of alternative zoning allowances.
Mr. Wesley gave a PowerPoint presentation which addressed:
Purpose
Planning and Zoning Commission Meeting of July 12, 2021 9 of 17
Proposed Text Amendment
Staff Recommendation
He said the purpose of this agenda item is to update the zoning ordinance to reflect
the decision that was already made by Town Council and to list hospitals as a
permitted use in the Town. The Commission’s recommendation to allow hospitals in
a C-1 zoning district was supported by Town Council. C-1 zoning for a recent
application was subject to approval with a Special Use Permit for the 24-hour
operation of the hospital. Although the recent hospital applicant was allowed in the
C-1 zoning district, the Commission expressed concern at a previous meeting
regarding hospitals allowed in the C-1 zoning district. The zoning is such that a
hospital in a C-1 zoning district would need a SUP in order to operate beyond the
mandated hours. Also the Town Council has the authority to decide which zoning
district a use should be permitted. At the May 10, 2021 meeting the Commission
expressed concern about what is meant by the term “hospital.” Staff heard the
Commission’s request to see a definition that would limit or prohibit the opportunity
for behavioral health or substance abuse facilities to be considered a hospital and
allowed in this zoning. Staff researched other communities in Arizona to see what
zoning districts were used to allow hospitals. Most communities allowed them in
similar districts to the Town’s C-1 and C-C by right or through a conditional use
permit. None of the communities excluded hospitals from the typical
neighborhood-office and commercial zoning districts.
Mr. Wesley explained that the proposed ordinances option one, would allow hospitals
in the C-1 and C-C zoning districts with approval of a SUP for hours between 11:00
p.m. and 7:00 a.m. and in the C-2 and C-3 by right. Option two would be hospitals in
C-2 and C-3 only. The proposed ordinance would also address the concern regarding
the definition of hospital by stating facilities operating as behavioral health hospitals
or detoxification facilities would not be included. Staff recommends approval of the
modified hospital definition and option one allowing hospitals in the C-1 and C-C with
a SUP and in the C-2 and C-3 by right.
In response to Commissioner Watts Mr. Wesley said that there are no time limits of
care listed in the zoning ordinance. Those regulations would probably come from
other state rules or Medicare guidelines. Mr. Wesley said that he was not aware of
any detox facilities in Fountain Hills. There are sober living homes in Fountain Hills
that fall under the group home classification. There is one treatment facility,
outpatient treatment where patients recovering from chemical dependencies go
during the day. Any types of those facilities are not hospitals so they don’t fit into this
definition.
Chairman Gray said that often in marketing campaigns the word hospital is used for
sober living and detox centers even though they are not hospitals. Under the
ordinance they are recognized as sober living.
Commissioner Corey stated that he struggles with the understanding that a hospital is
classified this way but not behavioral health.
Planning and Zoning Commission Meeting of July 12, 2021 10 of 17
Mr. Wesley replied that to protect the interest of the town and looking to other
municipalities ordinances, specific sub categories were created. Someday when the
Town receives an application for a behavioral health facility this same process will
take place.
Chairman Gray opened the public hearing.
Crystal Kavanaugh said that she supports the tightening up and specifying the hospital
definition to protect Fountain Hills. She expressed concern regarding the proposed
definition language not being detailed enough regarding behavioral health. Behavioral
health should be excluded from C-2 and C-3. She asked that the definition be very
clear so that future applications would not be misled. She suggested perhaps the
town’s attorney should review to ensure every aspect and the intention is covered.
Dr. Schleifer, Fountain Hills Medical Center, told the Commission that the proposed
ordinance definition is spot on. He explained the difference between acute behavioral
health crisis and long-term behavioral health care. He said that emergent behavioral
health cannot be deleted from a hospital definition because it is provided in an
emergency situation. Some examples would be suicide, alcohol withdrawal and drug
overdose. After these emergency situations are stabilized, the patient is transferred to
a behavioral health facility. He said that he works at the largest hospital system in the
valley and they do not provide in house behavioral health services. Fountain Hills
Medical Center (hospital) is not licensed to provide in house behavioral health
services.
Cindy Golisch, Fountain Hills Medical Center, said that they were very comfortable
with the proposed ordinance definition.
Larry Meyers, Fountain Hills resident, said that he agreed with Dr. Schleifer. He said
that the roots of this discussion did not stem from the hospital at Trevino and Saguaro
Blvd. It stems from a detoxification center where people’s treatment reoccurs.
Sub-acute detoxification and behavioral health is something this town does not want.
He referenced a facility at 28 th street and Cactus where people live in their cars on an
adjacent property to the sub-acute treatment facility. He said that people often show
up at these facilities for treatment hanging around until they are admitted. Usually if
there is a detox facility there are sober living homes. The patients are released to
somewhere such as a sober living home. Fountain Hills already has a number of these
homes. He said he liked the idea of excluding behavioral health in the definition so it
cannot be lumped in with the hospitals.
Chairman Gray closed the public hearing.
Discussion ensured relative to specific types of outpatient behavioral health services
and zoning districts.
Mr. Wesley said that there are a lot of questions regarding the current code. He said
that his intention is to review and update the codes.
Planning and Zoning Commission Meeting of July 12, 2021 11 of 17
Chairman Gray suggested word changes to the proposed ordinance.
Chairman Gray asked for a vote.
MOVED BY Chairman Peter Gray, SECONDED BY Commissioner Jessie Brunswig to
forward a recommendation to the Town Council to approve Ordinance 21-06 to utilize
the base language allowing for hospitals under the proposed definition across C-1, C-C,
C-2 and C-3 zoning districts and also with the proposed text amendment, to the
definition of hospital, specifically sentence four – “ This definition shall not include nor
provisions for outpatient and inpatient services defined or classified under the umbrella
of behavioral health including chemical dependency with the exception of the
emergent, initial point of care treatment typical of an emergency department.”
Vote: 5 - 1
NAY: Commissioner Clayton Corey
8.CONSIDERATION OF Ordinance 21-11, amending Section 11-1-7, Noise, of the Town
Code. Z 2021-03
Mr. Wesley explained that normally proposed changes to the Town Code do not go
before the Planning and Zoning Commission but felt it would be helpful to receive
the Commissions' input. The noise ordinance has been challenging to enforce
regarding party house noise. The current ordinance is not enforceable by the
Maricopa County Sheriff's Office. The Town, the Town attorney and the Maricopa
County Sheriff's Office met to review and suggest changes in order to better address
noise complaints pertaining to the party houses.
Mr. Wesley gave a PowerPoint presentation that addressed:
Purpose/Background
Purposed Text Amendment
A – amended Purpose to broaden the usage of this section of the ordinance
Purpose. The purpose of this section is to promote the health and general welfare of
the citizens and businesses of the Town by balancing the need to protect the peace
and quiet enjoyment of residential neighborhoods and business districts FROM
UNNECESSARY, UNUSUAL, OR UNREASONABLE NOISE THAT IS EXCESSIVE,
DISRUPTIVE, AND/OR ANNOYING AGAINST THE NEED TO PROMOTE AND
ENCOURAGE COMMERCIAL, BUSINESS, AND RESIDENTIAL ACTIVITY, MAINTENANCE,
AND against unreasonable noise with the legitimate goal of promoting and
encouraging commercial, business, and residential growth in the community.
A – amended Purpose to broaden the usage of this section of the ordinance
Purpose. The purpose of this section is to promote the health and general welfare of
the citizens and businesses of the Town by balancing the need to protect the peace
Planning and Zoning Commission Meeting of July 12, 2021 12 of 17
the citizens and businesses of the Town by balancing the need to protect the peace
and quiet enjoyment of residential neighborhoods and business districts FROM
UNNECESSARY, UNUSUAL, OR UNREASONABLE NOISE THAT IS EXCESSIVE,
DISRUPTIVE, AND/OR ANNOYING AGAINST THE NEED TO PROMOTE AND
ENCOURAGE COMMERCIAL, BUSINESS, AND RESIDENTIAL ACTIVITY, MAINTENANCE,
AND against unreasonable noise with the legitimate goal of promoting and
encouraging commercial, business, and residential growth in the community.
B – amended Definitions
Added definitions:
“UNRULY GATHERING” MEANS A GATHERING OF FIVE (5) OR MORE PERSONS ON
ANY PRIVATE RESIDENTIAL OR COMMERCIAL PROPERTY, WHICH DISTURBS THE
PEACE AND QUIET OF A NEIGHBORHOOD OR A REASONABLE PERSON OF ORDINARY
SENSIBILITIES BY PRODUCING EXCESSIVE NOISE AS PROHIBITED UNDER THIS
SECTION AND MAY INCLUDE IMPEDING TRAFFIC, OBSTRUCTION OF PUBLIC STREETS
BY CROWDS OR VEHICLES, USING OR POSSESSING ILLEGAL DRUGS, DRINKING IN
PUBLIC AREAS, THE SERVICE OF ALCOHOL TO MINORS OR CONSUMPTION OF
ALCOHOL BY MINORS, FIGHTING, LITTERING, OR SIMILARLY DISRUPTIVE ACTIVITIES.
C – amended Standard
Removed reference to using meter
Added new standards
1. Causing or allowing any noise by using, operating or permitting to be played any
electronic music device, television, amplifier, musical instrument, or instrument,
machine or device used for the production, reproduction or emission of sound.
2. Causing or allowing any noise in connection with the loading or unloading or
operation of any vehicle.
3. Using, or allowing use, of landscape maintenance equipment prior to 5:00am.
4. Using or allowing use of hand or power tools or any other machinery or equipment
not otherwise permitted in the town code.
5. Participating in or allowing any malicious or willful shouting, yelling, screaming, or
any other form of raucous vocalization by a person or group of people.
C – amended Standard
The activities listed above can be found to be a violation between the hours of
10:00 pm and 6:00 am if they:
a. Produce any excessive, disruptive, and/or annoying noise, which is clearly audible
from a distance of 200 feet or further from the sound source; and
b. Are continuous or intermittent for a period of at least fifteen (15) minutes; and
c. Disturb the peace and quiet of a neighborhood or a reasonable person of ordinary
sensibilities.
Between 6:00 am and 10:00 can be considered a violation in “noise sensitive”
area if two or more people register complaint
D – Violations
Removed reference to decibels
Broadened to include the terms “allow and enable”. This allows enforcement
Planning and Zoning Commission Meeting of July 12, 2021 13 of 17
Broadened to include the terms “allow and enable”. This allows enforcement
against a property owner who allows noisy parties on their property.
Allows the Sheriff’s deputy to be the “reasonable person of ordinary
sensibilities” so a neighbor would not necessarily have to sign a complaint.
E – Unruly Gatherings
Section added to address large party situations
Allows a peace officer to abate – citation or dispersal
I – Exemptions
Amending time for landscape maintenance noise to specific time to address
issues.
In response to Commissioner Brunswig, Mr. Wesley said that the penalty fees can be
found in the Town Code 1-8.2.
Commissioner Kovacevic questioned discontinuing the use of the decibel meter. He
stated that it seems to be the best way to measure noise.
Mr. Wesley replied, that was the logic at the time the code was adopted (the decimal
meter) a few years ago. Since then, the Sheriff’s Office has found it challenging to use
the decibel meter because of the calibration requirements and staff training.
Chairman Gray agreed with Commissioner Kovacevic. He pointed out that one of the
criteria for enforcement is that two (2) documented complaints must be received. The
complaints cannot be from the same household.
In response to Chairman Gray Mr. Wesley said that the major complaints are the party
houses and golf course maintenance. The measurables added to the proposal are the
noise heard within 200 feet and the 15-minute timeframe. He said that the proposal
has been reviewed by the Town Attorney, MCSO legal and the Town Prosecutor to
ensure enforceability. Mr. Wesley said that he could take back Chairman Gray’s
suggestion to keep the decibel meter use in the ordinance.
In response to Commissioner Brunswig Mr. Wesley said that in terms of construction
activity and landscaping the starting time hours are earlier because of the summer
heat.
Chairman Gray opened the public hearing.
Cindy Golisch, Fountain Hills Medical Center, said that they do not have anything to
do with the noise ordinance and that it pertains to the party houses.
Ed Stizza, Fountain Hills resident, said that he has some clients behind the carwash at
Saguaro and Shea Blvd. They have asked what they can do regarding the car wash
noise. Is there a way to apply this to the car wash noise?
Chairman Gray said that he is aware of decibel measurements in the zoning ordinance.
Planning and Zoning Commission Meeting of July 12, 2021 14 of 17
Mr. Wesley said there is one that references environmental and would need to be
reviewed.
Chairman Gray closed the public hearing.
Chairman Kovacevic gave an example of residential noise. He said that he does not
feel it is right to stop using the decibel meter to measure noise levels.
Discussion ensured relative to enforcement, criteria and use of the decibel meter.
Commissioners Kovacevic and Watts along with Chairman Gray commented that they
would like to see the decibel meter use remain in the ordinance.
Mr. Wesley said that other provisions can be used in the code to assist shutting down
a noisy party house – multiple calls and visits to the location.
Commissioner Corey stated that since the Sheriff’s Office enforces the ordinance it
would be best to let them decide what tools work for enforcement.
In response to Commissioner Watts Mr. Wesley said that based on the conversations
with MCSO there have not been any citations issued because it is too difficult to
enforce under the current Town Code.
Commissioner Watts suggested that going forward the number of citations should be
monitored.
Mr. Wesley stated that this topic was brought to the Commission to receive their
feedback and a recommendation is not required.
Commissioner Brunswig commented that this would have more teeth if the wording
was changed from "may" to 'shall."
Chairman Gray suggested implementing higher penalty fees and code language
enhancements. The offense should tie to the property not the person. He suggested a
schedule that escalates fines from $1,000 up to $5,000.
Mr. Wesley said that up to three noise offenses are considered a misdemeanor and
thereafter becomes a criminal offense.
Discussion concluded with no action taken.
9.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
Chairman Gray said he would like to add the review process of Chapter 8 - Dark Sky to
a future agenda. He added that at the last meeting Commissioner Dempster asked for
more information regarding sober living homes.
Planning and Zoning Commission Meeting of July 12, 2021 15 of 17
10.SUMMARY OF COMMISSION REQUESTS from Development Services Director.
Mr. Wesley said that the dark sky ordinance implementation and options will be
scheduled for a future agenda. The sober living group homes discussion is schedule for
the August 9, 2021 Planning and Zoning Commission meeting. The August meeting
agenda will contain: ongoing discussion regarding the sign ordinance, a Special use
Permit and one text amendment. There will be an executive session to receive legal
advice regarding the sober living homes.
11.REPORT from Development Services Director.
None.
12.ADJOURNMENT
The Regular Meeting of the Fountain Hills Planning and Zoning Commission held July
12, 2021, adjourned at 8:44 p.m.
PLANNING AND ZONING COMMISSION
_______________________________
Vice Chairman Peter Gray
ATTESTED AND PREPARED BY:
______________________________
Paula Woodward, Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Planning and Zoning Commission Fountain Hills in the Town Hall Council Chambers
on the July 12, 2021. I further certify that the meeting was duly called and that a quorum was present.
Planning and Zoning Commission Meeting of July 12, 2021 16 of 17
DATED this 2nd day of August, 2021.
_________________________________
Paula Woodward, Executive Assistant
Planning and Zoning Commission Meeting of July 12, 2021 17 of 17
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 07/12/2021 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: Paula Woodward, Executive Assistant
Staff Contact Information:
Request to Planning and Zoning Commission (Agenda Language): CONSIDERATION
OF approving the regular meeting minutes of the Planning and Zoning Commission May 10, 2021.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action
that took place at the meeting for archival purposes. Approved minutes are placed on the Town's
website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the meeting minutes of the regular meeting minutes of the Planning and
Zoning Commission May 10, 2021.
SUGGESTED MOTION
MOVE to approve the regular meeting minutes of the Planning and Zoning Commission May 10, 2021.
Attachments
DRAFT MM MAY 10, 2021
ITEM 5.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 07/12/2021 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: Farhad Tavassoli, Senior Planner
Staff Contact Information: Farhad Tavassoli, Senior Planner
Request to Planning and Zoning Commission (Agenda Language): CONSIDERATION OF a Special
Use Permit to allow four residential units at an existing building located at 16842, 16843, 16844 and
16845 E. Avenue of the Fountains (generally located north of Avenue of the Fountains, between
Saguaro Blvd. and Verde River Dr.) and in the C-2 (Intermediate Commercial) Zoning District and the
Entertainment Overlay District. SU 2021-04
Staff Summary (Background)
The subject property consists of an existing building located within Plat 208, north of Avenue of the
Fountains, and approximately halfway between Saguaro Blvd. and Verde River Drive. It is zoned C-2
(Intermediate Commercial) and is contained within the Planned Shopping Center and Entertainment
Overlay Districts. The building's exact year of construction is unclear, but historical aerial photographs
confirm it was built sometime between 1977 and 1986. Sofrita's restaurant occupies a portion of the
first floor and faces the Avenue. The subject for this application include two units on the first floor
behind the restaurant and two units on the second floor. All four units are currently vacant.
The applicant intends to convert each unit to residential apartments, complete with kitchen, living room
and two bedrooms. Each unit will be brought to compliance with the 2018 International Building Code,
which may require modifications to the exterior of the building. The extent of modifications will be
determined when the applicant files for a building permit. No additional on-site parking will be required
in Plat 208.
Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving
neighborhoods. One of the items listed is having a variety of housing types. This section includes
policies to encourage a broad range of housing types affordable to all income ranges and a range of
housing types and densities consistent with the character area.
Section III of the General Plan includes the information on the Character Areas in the Town. More
specifically, the subject property is within the Town Center, where a highly integrated mix of uses is
encouraged. However, the Plan recommends residential uses above the first floor, while envisioning
commercial uses at the street level. This is further echoed by the Downtown Specific Area Plan. In
staff's opinion, the ground-floor units behind Sofrita's restaurant are historically underutilized and offer
poor visibility for commercial activity. Thus, a residential conversion could better ensure their long-term
poor visibility for commercial activity. Thus, a residential conversion could better ensure their long-term
use while contributing to the overall vision of a vibrant town center.
The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning
districts with the approval of a Special Use Permit (SUP). Furthermore, Section 25.03 allows residential
uses on the second floor above a building with a maximum of 8 dwelling units per acre, but a greater
density would require a Special Use Permit. Section 2.02 of the zoning ordinance establishes the process
and criteria for consideration of a SUP. Section 2.02 D. 5. of the zoning ordinance states:
5. In order to recommend approval of any use permit, the findings of the Commission must be that the
establishment, maintenance, or operation of the use or building applied for will not be detrimental to
the public health, safety, peace, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use, nor shall it be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the Town.
This area has been zoned and platted for commercial uses prior to incorporation of the Town. It is still
the desire of the Town to have this be a successful commercial center. The question is whether allowing
four residential apartments on the property would be detrimental to the health, safety and welfare of
Plat 208 and the downtown area. Staff believes adding residential uses would add a complement to the
range of retail, office, and service-oriented uses in the area.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.02 - Special Use Permits
Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3
Zoning District
Zoning Ordinance Section 25.04 - Uses Subject to Special Use Permit in the Entertainment Overlay
District
General Plan 2020, Section II: Thriving Neighborhoods
General Plan 2020 Character Areas, Table 1 Character Area Plan
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.
SUGGESTED MOTION
MOVE to approve the Special Use Permit to allow four residential units at an existing building located at
16842, 16843, 16844, 16845 E. Avenue of the Fountains.
Attachments
Vicinity Map
Narrative
Site Plan
CASE:
SU2021-04
SITE / ADDRESS:
16842-16843-16844-16845 E. Avenue of
the Fountains
APN #176-05-075 & 176-05-076
REQUEST:
SPECIAL USE PERMIT to allow four
residential units at an existing building
located at 16842-16843-16844-16845 E.
Avenue of the Fountains (generally located
north of Avenue of the Fountains, between
Saguaro Blvd. and Verde River Dr.) and in
the C-2 (Intermediate Commercial) Zoning
District and the Entertainment Overlay
District.
Site Location
ITEM 6.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 07/12/2021 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language): HOLD A PUBLIC HEARING
AND CONSIDER Ordinance number 21-02, establishing Section 2.08, Citizen Participation, in the
Zoning Ordinance.Case Z2020-12
Staff Summary (Background)
Update
The Commission considered this item at its regular meeting on April 12, 2021. At that time the
Commission had some questions and concerns they wanted staff to review and consider for possible
adjustments to the proposed ordinance. Those items were:
To reduce the Homeowner's Associations or registered neighborhoods to be included in the
notification regarding the planned development to those with property within the standard
notification area (300'). Staff has made that change in Section A. 1. B.
Include virtual meetings in the options for informing citizens and receiving feedback. That was an
option in the previous draft ordinance, but not specifically listed. Section A. 3. now specifically
lists this as one of the options. There was also some discussion of making a virtual meeting a
requirement. Staff has chosen to not make it a requirement in the ordinance. This is because of
the range of types of cases that might have to implement a citizen participation plan. We have,
however, added a set of guidelines to be used along with the ordinance. Those guidelines are
attached. Those guidelines encourage virtual meetings, especially for larger projects and
applications being processed during the summer months when many residents are out of town.
Require a checklist of ordinance requirements to demonstrate the development will comply with
all ordinances, or highlight which ones will not be met, so they can be recognized and discussed.
This one was more challenging for a number of reasons. Citizen Participation Plans will be
required with general plan amendments, rezonings, and special use permits. Only the special use
permit application requires a site plan. Therefore, at this stage of a project the developer may not
know what site plan challenges they may have that would result in a need to deviate from the
ordinance. We do not want to create a false sense that just because no deviations were listed at
this point that there will not be some in the future. Further, there are so many ordinances that a
list would be very long and cumbersome to put together and use. As an alternative, staff has
added a new Section C. 4. which requires the applicant to include "a list of any identified
deviations from standard ordinance requirements being considered or requested for the
development." This will at least get the applicant, staff, and citizens thinking about the topic and
considering any potential issues.
Require staff to attend any meetings held between the applicant and neighbors. There is a
concern that the applicant may not paint a clear picture of the project or properly represent
commitments made during the meeting. The challenges with this approach are that, given the
nature of the application there may not be organized meetings, some information flow can
happen outside of an organized meeting, and the emphasis is to create dialogue between the
applicant and neighbors - having staff in a meeting tends to shift the emphasis and have staff be
the go between. As an alternative, staff has included in the guidelines that staff is to be notified
of any meetings and may attend. This provides flexibility to the individual situation without
making it an ordinance requirement.
Background
Development projects that include public hearings for rezoning and/or Special Use Permits, are
processed in a manner to encourage and include input and participation by surrounding property
owners. This is done by notifying property owners within 300 feet of the site of the public hearing.
Notice is provided by mail, publication in the newspaper, and posting the property. These surrounding
property owners have a stake in the existing neighborhood and will be most impacted by the proposed
changes and development.
Each zoning district contains a number of uses permitted by right. Most zoning districts also include
uses or activities that can be allowed only through approval of a Special Use Permit by the Town Council
following recommendation by the Planning and Zoning Commission. When a property is rezoned, or a
Special Use Permit is granted, it is important that the surrounding neighbors are involved in the
decision-making process and have the opportunity to voice any concerns or objections. Once either of
these actions (rezoning or approving a SUP) is finalized there are generally no other opportunities for
citizens to impact the design or development process.
As a developer moves through the rezoning or SUP process they begin to layout the design of the
property and buildings. Early in the process it is generally easier to impact the design of the property
and buildings before a lot of design decisions are made and costs are incurred in the design process.
Therefore, it is important and beneficial to receive citizen input and feedback as early as possible. Often
by the time an application gets to the public hearing stage, it is very difficult to make impactful changes
or modifications to a proposal.
To address this issue, many cities and towns include in their zoning ordinance a requirement for the
applicant for land use cases to incorporate a citizen participation effort in their development process.
Citizen participation requirements differ from public hearing requirements in that they occur early in
the process and have the objective of providing the opportunity for dialogue between the applicant and
the developer. These citizen participation requirements mandate that the applicant take some steps
prior to going to the public hearing to notify surrounding property owners about their proposed
development and give them the opportunity to provide input. The applicant is then required to submit
a report stating what they did to provide the opportunity for input, what input was received, and how
they responded to that input.
The Fountain Hills zoning ordinance does not include a required citizen participation process. It is
proposed that such a requirement be added to our zoning ordinance. The proposed new Section 2.08 of
the zoning ordinance, as described below, is attached for your review.
Section A of the ordinance requires that the applicant submit a Citizen Participation Plan with
their application. The Plan needs to state who they are going to contact (at a minimum this is the
property owners in the required public hearing notice area), a general description of how
interested persons can obtain information about the proposed development, how the
applicants plans to contact those on the contact list, a description of the schedule for
implementation of the plan, and a statement as to how the applicant will keep the Town informed
of comments received.
Section B of the ordinance requires the applicant to file a Citizen Participation Report prior to the
item going to its first public hearing. The Report must describe any issues or concerns raised and
how they were addressed (which can be a statement that they did not make any changes), include
a list of people who made contact with the applicant through the citizen participation process,
and provide a description of all input received from interested parties.
Section C of the ordinance lists the type of information that needs to be supplied to the public
when they are notified of the proposal to ensure they have a picture of what is being proposed.
Section D of the ordinance states that if the Development Services Director determines the
ordinance was not followed or the efforts to work with the public were insufficient to provide
meaningful public input, that the application can be postponed, rescheduled, or denied.
Section E of the ordinance makes it clear that the information and notices published regarding the
Citizen Participation Ordinance are different from the public hearing notices that occur prior to a
hearing.
The goal of the ordinance is to ensure a person owning property near a proposed development has the
opportunity to be informed about a proposed development and provide early comments without
hamstringing the applicant into a specific method of providing the information and receiving the
feedback. Pre-pandemic the typical option would be to hold a public meeting. During the
pandemic many people learned how to put on and attend virtual meetings. The ordinance provides the
opportunity to provide for the public review and input virtually through emails, online meetings,
websites, traditional in-person meetings, etc. The ordinance also does not require the applicant to
make changes to their project due to public input, only that they report on the input received and how
they responded. The hope is that an applicant would make reasonable changes to address concerns so
those issues would not have to be addressed in a public meeting.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.01 Amendments or Zone Changes
Zoning Ordinance Section 2.02 Special Use Permits
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommend approval of Ordinance 21-02.
SUGGESTED MOTION
MOVE to recommend approval Ordinance 21-02.
Attachments
ImplementationGuidelines
Ordinance 21-02
ORDINANCE NO. 21-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 2, PROCEDURES, ADDING
SECTION 2.08, CITIZEN PARTICIPATION.
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) adopted
Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town
of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend Chapter 2 of the Zoning Ordinance, Procedures,
to add Section 2.08, Citizen Participation; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-
462.04, public hearings regarding this ordinance were advertised in the March 24, 2021 and March
31, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
April 12, 2021 and by the Town Council on May 18, 2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 2, Procedures, is amended by adding Section 2.08,
Citizen Participation, as follows:
Section 2.08 Citizen Participation
A. CITIZEN PARTICIPATION PLAN. EVERY APPLICATION FOR A MAJOR
OR MINOR GENERAL PLAN AMENDMENT, ZONING MAP AMENDMENT,
OR SPECIAL USE PERMIT SHALL BE ACCOMPANIED BY A CITIZEN
PARTICIPATION PLAN DESIGNED TO PROVIDE EFFECTIVE, EARLY,
AND CONTINUOUS PUBLIC PARTICIPATION INTO THE PROPOSED
ZONING MAP AMENDMENT OR SPECIAL USE PERMIT. THE CITIZEN
PARTICIPATION PLAN SHALL INCLUDE, AT A MINIMUM, THE
FOLLOWING:
1. A CONTACT LIST OR METHOD FOR NOTIFYING ADJACENT
LANDOWNERS AND OTHER POTENTIALLY AFFECTED CITIZENS
OF THE PROPOSED ACTION, THAT SHALL INCLUDE, BUT IS NOT
LIMITED TO:
A. PROPERTY OWNERS WITHIN THE MAXIMUM PUBLIC HEARING
NOTICE AREA REQUIRED FOR THE APPLICABLE TYPE OF
APPLICATION;
B. HOMEOWNERS ASSOCIATIONS AND OTHER NEIGHBORHOOD
ASSOCIATIONS AS IDENTIFIED BY THE TOWN THAT ARE
LOCATED WITHIN THE PUBLIC HEARING NOTICE AREA
REQUIRED FOR THE APPLICABLE TYPE OF APPLICATION;
C. INTERESTED PARTIES THAT HAVE REQUESTED THAT THEY BE
PLACED ON A CONTACT LIST FOR THESE TYPES OF
APPLICATIONS; AND,
D. OTHER INTERESTED PARTIES THAT MAY HAVE BEEN
IDENTIFIED BY THE TOWN.
2. A GENERAL DESCRIPTION OF HOW INTERESTED PERSONS MAY
OBTAIN INFORMATION OR UPDATES ABOUT THE PROJECT, SUCH
AS NEWSLETTERS, MAILINGS, SOCIAL MEDIA, AND MEETINGS.
3. A GENERAL DESCRIPTION OF HOW INTERESTED PERSONS WILL
BE PROVIDED AN OPPORTUNITY TO DISCUSS THE PROPOSAL
WITH THE APPLICANT, SUCH AS NEIGHBORHOOD MEETINGS,
PHONE CONTACTS, E-MAIL, VIRTUAL MEETINGS, OR DOOR-TO-
DOOR VISITS.
4. THE APPLICANT’S PROPOSED SCHEDULE FOR IMPLEMENTATION
OF THE CITIZEN PARTICIPATION PLAN.
5. A STATEMENT EXPLAINING HOW THE APPLICANT PLANS TO KEEP
THE TOWN INFORMED ON THE STATUS OF THE IMPLEMENTATION
OF ITS CITIZEN PARTICIPATION PLAN, SUCH AS PROVIDING STAFF
COPIES OF NOTICES PRIOR TO MEETINGS WITH CITIZENS, AND
CONTACT LISTS USED TO NOTIFY POTENTIALLY AFFECTED
CITIZENS.
B. CITIZEN PARTICIPATION REPORT. APPLICANTS SHALL PROVIDE A
WRITTEN CITIZEN PARTICIPATION REPORT TO THE TOWN
DETAILING THE RESULTS OF THE CITIZEN PARTICIPATION PLAN AT
LEAST 10 TOWN BUSINESS DAYS PRIOR TO THE FIRST SCHEDULED
PUBLIC HEARING. THE CITIZEN PARTICIPATION REPORT SHALL
INCLUDE:
1. A LIST OF NAMES OF ALL CITIZENS AND INTERESTED PARTIES
WHO CONTACTED THE APPLICANT REGARDING THE PROPOSAL
OR ATTENDED ANY MEETINGS OR PRESESNTATIONS WHETHER IN
PERSON OR VIRTUALLY;
2. A SUMMARY OF CITIZEN CONCERNS, ISSUES, AND PROBLEMS
EXPRESSED DURING THE CITIZEN PARTICIPATION PROCESS AND
HOW THESE HAVE BEEN ADDRESSED; AND,
3. COPIES OF COMMENT LETTERS, PETITIONS, EMAILS, AND OTHER
PERTINENT INFORMATION RECEIVED FROM CITIZENS OR OTHER
INTERESTED PARTIES.
C. THE APPLICANT MUST PROVIDE POTENTIALLY AFFECTED CITIZENS
WITH ENOUGH INFORMATION TO CREATE A REASONABLY
ACCURATE PORTRAYAL OF THE NATURE AND SCALE OF THE
PROPOSED APPLICATION INCLUDING:
1. A GENERAL LOCATION MAP SHOWING THE PROPERTY OR AREA
CONSIDERED BY THE APPLICATION IN CONTEXT WITH
SURROUNDING PROPERTY;
2. A SPECIFIC SITE LOCATION MAP;
3. A TENTATIVE DEVELOPMENT PLAN OR SITE PLAN, AS
APPLICABLE FOR THE PROPOSED APPLICATION;
4. A LIST OF ANY IDENTIFIED DEVIATIONS FROM STANDARD
ORDINANCE REQUIREMENTS BEING CONSIDERED OR REQUESTED
FOR THE DEVELOPMENT;
5. THE CURRENT GENERAL PLAN OR ZONING CLASSIFICATION AND
AUTHORIZED USES OF THE PROPERTY OR AREA CONSIDERED BY
THE APPLICATION AND ANY PROPOSED CHANGES; AND,
6. THE ANTICIPATED SCHEDULE FOR DEVELOPMENT.
D. FAILURE TO COMPLY WITH THE CITIZEN PARTICIPATION
PROVISIONS OF THIS SECTION, OR A DETERMINATION BY THE
DEVELOPMENT SERVICES DIRECTOR THAT SUCH EFFORTS WERE
INSUFFICIENT TO PROVIDE ADEQUATE OPPORTUNITIES FOR
CITIZEN PARTICIPATION, MAY RESULT IN POSTPONEMENT,
RESCHEDULING, OR DENIAL OF AN APPLICATION.
E. THE REQUIREMENTS IN THIS SECTION APPLY IN ADDITION TO ANY
NOTICE PROVISIONS REQUIRED ELSEWHERE IN THIS ZONING
ORDINANCE OR BY THE ARIZONA REVISED STATUTES.
Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona,
this --- day of --- 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 7.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 07/12/2021 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language): HOLD A PUBLIC HEARING
AND CONSIDER Ordinance 21-06 amending the Zoning Ordinance, Chapter 1 to change the definition
of hospital and Chapter 12 to provide for hospitals as a permitted use. Z 2021-01
Staff Summary (Background)
This item has been continued from the April 12, and May 10, 2021, Planning and Zoning Commission
agendas for consideration of alternative zoning allowances.
Background
In 2019 a proposal was made to locate a hospital facility at the intersection of Saguaro Boulevard and
Trevino Drive. In reviewing the request it was discovered that hospitals are not listed as a permitted use
in the Town. Staff made the determination that such a use should go in C-2 zoning. There was
significant neighborhood opposition to the request to rezone the property to C-2. At the P & Z
Commission hearing for the rezoning, the Commission recommended to the Council that the hospital be
allowed as a C-1 use subject to approval of a Special Use Permit for the 24-hour operation of a hospital.
Per a provision in Section 12.02 of the Zoning Ordinance, the Town Council has the authority to decide
which zoning district a use should be permitted. At the public hearing on the rezoning case for the
hospital, the Council stated they agreed with the P & Z Commission's recommendation and hospitals
would be considered a use allowed in the C-1 zoning district. Based on that decision by the Town
Council, the property owner was permitted to move forward with the development of a hospital on this
property.
The purpose of this agenda item is to now update the zoning ordinance to reflect the decision that was
already made by the Town Council. At the April 12, 2021, meeting there was some concern expressed
by the Commission that hospitals did not properly fit in the C-1 zoning district, that C-2 or C-3 districts
would be better. There was some thought that the previous action by the Town Council was meant to
apply to just the property at Trevino and Saguaro, not generally to C-1 zoning in the Town. That,
however, is not legally possible; all property with the same zoning district must be treated the same.
Therefore, by the P & Z Commission recommending, and Town Council approving, an interpretation of
the Zoning Ordinance stating hospitals are allowed in the C-1 zoning district, that applies to all C-1
zoned property in the Town.
At the May 10, 2021 Planning and Zoning Commission hearing there was continued concern about what
is meant when we use the term "hospital." There was a desire to see a definition that would limit or
prohibit the opportunity for behavioral health or substance abuse facilities to be considered a hospital
and allowed in this zoning category. This report adds to the previous discussion and recommends
information regarding the definition of hospital.
Staff has researched the zoning ordinance of several other communities in Arizona to see what zoning
districts are used to allow hospitals. While zoning districts are not necessarily directly comparable they
are generally similar. In our research we found the following:
Scottsdale - Hospitals are allowed only in their C-O, Commercial Office District, with approval of a
Conditional Use Permit
Mesa - Hospitals are allowed by right in the NC, Neighborhood Commercial, CC Community
Commercial, GC, General Commercial, PEP, Planned Employment Park, LI, Light Industrial, and
DB-1 and DB-2, Downtown Business Districts
Paradise Valley - does not have an allowance for hospitals in their zoning ordinance
Gilbert - Hospitals are allowed in the GO, General Office, and BP, Business Park, districts with
approval of a conditional use permit. They are allowed in the GC, General Commercial, RC,
Regional Commercial, and PF/I, Public Facilities/Institutional districts by right.
Chandler - Hospitals are allowed in the C-1, Neighborhood Commercial, C-2, Community
Commercial, and C-3, Regional Commercial, districts by right.
Florence - Hospitals are allowed in the PO, Professional Office, and B-1 Neighborhood Business
districts with approval of a Conditional Use Permit. They are allowed in the B-2, Highway
Business Commercial, TRC, Tourist Commercial, PI, Public/Institutional, LI, Light Industrial, and HI,
Heavy Industrial districts by right.
Flagstaff - Hospitals are allowed in all zoning districts with approval of a Conditional Use Permit
Sedona - Hospitals are allowed in the M2, Mixed Use Office, M3, Mixed Use Activity Center, CO,
Commercial, and L, Lodging, Districts by right.
As shown through this review, most communities allow hospitals in districts similar to our C-1 and C-C
zoning districts either by right or through approval of a conditional use permit. None of the
communities (except Paradise Valley which does not allow hospitals at all) excludes hospitals from the
typically neighborhood-oriented office and neighborhood commercial zoning districts.
The ordinance as initially proposed would allow hospitals in C-1 and C-C with approval of a Special Use
Permit for hours between 11:00 pm and 7:00 am, and in C-2 and C-3 by right. An attached map shows
where all the C-1 and C-C zoned property is located. There seemed to be some concern in the previous
meeting regarding allowing hospitals in the C-1 zoning district. Please note, the use would not be
allowed by right. It would require the approval of the Special Use Permit which would include citizen
participation and public hearings before the use could be approved. The C-1 zoning district already
allows uses such as dentist, optometrist, physician, and surgeon's offices; medical and clinical
laboratories; banks; food stores; hardware stores; pharmacies; and restaurants. Except for the
occasional coming and going by an ambulance, the impact of a hospital will not be much different.
At the April 12 meeting, the Commission has asked for a revised ordinance that limits a hospital to the
C-2 and C-3 zoning districts. An ordinance for that option is attached. This ordinance lists hospitals as a
use by right in the C-2 and C-3 zoning districts. By stating the use is allowed in these districts and not
listing it elsewhere, the use would not be permitted in any of the other commercial zoning districts. The
existing hospital would become a legal non-conforming use.
existing hospital would become a legal non-conforming use.
At the May 10 meeting, the discussion primarily centered on the need for definition of hospital that
would reduce or eliminate some closely associated uses that were not intended when the current
medical facility was approved. In the previous report staff erroneously stated our current ordinance
does not include a definition of hospital. In fact, the ordinance currently defines a hospital as:
"Hospital: A place for the treatment or care of human ailments, where overnight lodging for patients is
provided, other than nursing homes." After reviewing the concerns of the Commission and further
exploring existing definitions of hospitals, staff is proposing the following definition:
Hospital. Includes establishments known and licensed as general medical and surgical hospitals
primarily engaged in providing diagnostic and medical treatment (both surgical and nonsurgical)
to inpatients with any of a wide variety of medical conditions. These establishments maintain
inpatient beds for patients who can stay for more than 24 hours. These establishments usually
provide other services, such as outpatient services, anatomical pathology services, diagnostic
x-ray services, clinical laboratory services, operating room services for a variety of procedures, and
pharmacy services. This definition shall not include outpatient nor inpatient services defined or
classified under the umbrella of behavioral health including chemical dependency with the
exception of emergent, initial point of care treatment typical of an emergency department.
With this definition, facilities operating as behavioral health hospitals or detoxification facilities would
not be included.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Chapter 12, Commercial Zoning Districts
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Given the previous action of the Town Council to declare hospitals to be a C-1 use, and with the revised
definition of hospital, staff recommends approval of Ordinance 21-06 to modify the definition of
hospital and make hospitals a use by right in the C-2 an C-3 district and allow them in the C-1 and C-C
districts with the approval of a Special Use Permit.
SUGGESTED MOTION
Staff will assist the Commission in crafting a motion as necessary.
Attachments
C-1 Ordinance
C-2 Ordinance
Definitions
C-1, C-C Zoned Areas
ORDINANCE NO. 21-06
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 1, INTRODUCTION, SECTION
1.12, DEFINITIONS, AMENDING THE DEFINITION OF HOSPITAL AND
CHAPTER 12, COMMERCIAL ZONING DISTRICTS, AMENDING
SECTION 12.02 B. 3 BY ADDING HOSPITALS TO THE LIST OF
PERMITTED USES
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning
Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend Chapter 1, Introduction, Section 1.12,
Definitions by amending the existing definition of Hospital and Chapter 12, Commercial
Zoning Districts, of the Zoning Ordinance, Section 12.02, Permitted Uses, B. 3. by adding
hospitals as a permitted use in the C-1, C-C, C-2, and C-3 Zoning Districts; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. §
9-462.04, public hearings regarding this ordinance were advertised in the June 23, 2021
and June 30, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on April 12, 2021, May 10, 2021, and July 12, 2021, and by the Town Council
on August 17, 2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 1, Introduction, Section 1.12,
Definitions, is hereby amended as follows:
…
Hospital: A place for the treatment or care of human ailments, where overnight
lodging for patients is provided, other than nursing homes. INCLUDES
ESTABLISHMENTS KNOWN AND LICENSED AS GENERAL MEDICAL AND
SURGICAL HOSPITALS PRIMARILY ENGAGED IN PROVIDING DIAGNOSTIC AND
MEDICAL TREATMENT (BOTH SURGICAL AND NONSURGICAL) TO INPATIENTS
WITH ANY OF A WIDE VARIETY OF MEDICAL CONDITIONS. THESE
ESTABLISHMENTS MAINTAIN INPATIENT BEDS FOR PATIENTS WHO CAN STAY
FOR MORE THAN 24 HOURS. THESE ESTABLISHMENTS USUALLY PROVIDE
OTHER SERVICES, SUCH AS OUTPATIENT SERVICES, ANATOMICAL
PATHOLOGY SERVICES, DIAGNOSTIC X-RAY SERVICES, CLINICAL
LABORATORY SERVICES, OPERATING ROOM SERVICES FOR A VARIETY OF
PROCEDURES, AND PHARMACY SERVICES. THIS DEFINITION SHALL NOT
INCLUDE OUTPATIENT NOR INPATIENT SERVICES DEFINED OR CLASSIFIED
UNDER THE UMBRELLA OF BEHAVIORAL HEALTH INCLUDING CHEMICAL
DEPENDENCY WITH THE EXCEPTION OF EMERGENT, INITIAL POINT OF CARE
TREATMENT TYPICAL OF AN EMERGENCY DEPARTMENT.
…
SECTION 3. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts,
Section 12.02 B. 3 is hereby amended as follows:
Section 12.02 B. Uses permitted in C-1, C-C, C-2, and C-3, Zoning Districts are
as follows:
…
3. Public and Quasi-Public Uses
a. Churches
b. Golf courses including clubhouses located thereon, but not including
miniature courses or practice driving ranges operated for commercial purposes
c. HOSPITALS; SUBJECT TO APPROVAL OF A SPECIAL USE
PERMIT IN THE C-1 AND C-C DISTRICTS TO OPERATE BETWEEN 11 PM AND 7 AM
D.c. Libraries, museums, parks, playgrounds, and community buildings
E.d. Public Schools
F.e. Publicly or privately owned or operated fires stations, and publicly
owned or operated police stations and post offices
G.f. Utility services, but not including offices, wastewater treatment
plants, generating plants, and wireless communication towers and antennas, unless
otherwise specifically permitted elsewhere in the ordinance.
…
Section 4. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this 17th day of August 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ORDINANCE NO. 21-06
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE
TOWN OF FOUNTAIN HILLS ZONING ORDINANCE,
CHAPTER 12, COMMERCIAL ZONING DISTRICTS,
AMENDING SECTION 12.02 C. BY ADDING HOSPITALS
TO THE LIST OF PERMITTED USES
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning
Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend Chapter 1, Introduction, Section 1.12,
Definitions by amending the existing definition of Hospital and Chapter 12, Commercial
Zoning Districts, of the Zoning Ordinance, Section 12.02, Permitted Uses, C. by adding
hospitals as a permitted use in the C-2, and C-3 Zoning Districts; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. §
9-462.04, public hearings regarding this ordinance were advertised in the June 23, 2021
and June 30, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on May 10, 2021, and July 12, 2021, and by the Town Council on August
17, 2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 1, Introduction, Section 1.12,
Definitions, is hereby amended as follows:
…
Hospital: A place for the treatment or care of human ailments, where overnight
lodging for patients is provided, other than nursing homes.INCLUDES
ESTABLISHMENTS KNOWN AND LICENSED AS GENERAL MEDICAL AND
SURGICAL HOSPITALS PRIMARILY ENGAGED IN PROVIDING DIAGNOSTIC AND
MEDICAL TREATMENT (BOTH SURGICAL AND NONSURGICAL) TO INPATIENTS
WITH ANY OF A WIDE VARIETY OF MEDICAL CONDITIONS. THESE
ESTABLISHMENTS MAINTAIN INPATIENT BEDS FOR PATIENTS WHO CAN STAY
FOR MORE THAN 24 HOURS. THESE ESTABLISHMENTS USUALLY PROVIDE
OTHER SERVICES, SUCH AS OUTPATIENT SERVICES, ANATOMICAL
PATHOLOGY SERVICES, DIAGNOSTIC X-RAY SERVICES, CLINICAL
LABORATORY SERVICES, OPERATING ROOM SERVICES FOR A VARIETY OF
PROCEDURES, AND PHARMACY SERVICES. THIS DEFINITION SHALL NOT
INCLUDE OUTPATIENT NOR INPATIENT SERVICES DEFINED OR CLASSIFIED
UNDER THE UMBRELLA OF BEHAVIORAL HEALTH INCLUDING CHEMICAL
DEPENDENCY WITH THE EXCEPTION OF EMERGENT, INITIAL POINT OF CARE
TREATMENT TYPICAL OF AN EMERGENCY DEPARTMENT.
…
SECTION 3. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts,
Section 12.02 C. is hereby amended as follows:
Section 12.02 C. Additional Uses Permitted in C-2 and C-3 Zoning Districts are as
follows:
…
11. HOSPITALS
121. Hotels and Motels.
132. Laboratories, medical or dental.
143. Liquor stores.
154. Parking lots and public garages, subject to parking standards in Chapter 7.
165. Plumbing shops.
176. Pool halls or billiard centers.
187. Radio and television broadcasting stations and studios, but not including
transmitter towers and stations.
198. 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.
2019. Retail stores.
210. Theaters, but not including a drive-in theater and adult oriented facilities as
defined under Chapter 1, Section 1.12 of this Ordinance.
221. Trade schools.
232. Upholstery shops.
243. 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.
254. Accessory buildings and uses customarily incidental to the above.
265. 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.
Because no list of uses can be complete, decisions on unspecified uses will be
rendered by the Community Development Director with appeal to the Town
Council.
Section 4. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this 17th day of August 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
Definition of hospital as found in various zoning ordinances:
Hospital shall mean a facility for the general and emergency treatment of human ailments, with bed
care and shall include sanitarium and clinic but shall not include convalescent or nursing home.
Hospitals. Institutions providing medical and surgical care to the sick or injured, including operating
facilities and beds for patients to stay overnight. These establishments may include nursing facilities,
extended care facilities, physical therapy, gift shops, retail pharmacies, employee housing, temporary
housing for patient families, cafeterias or restaurants, and related uses operated primarily for the
benefit of patients, staff, and visitors.
Hospital. A facility licensed by the State of Arizona that provides in-patient physical or behavioral health
services through the diagnosis and treatment of patients and inpatient care by a medical staff.
Hospital: Unless otherwise specified, the term "hospital" shall include "sanitarium," "preventorium,"
"clinic," "maternity home" or "rest home" and shall be deemed to mean a place for treatment or other
care of human ailments.
HOSPITAL. A place for treatment or other care of human ailments, and shall include SANITARIUM,
CLINIC and MATERNITY HOME, unless otherwise specified.
Hospital: An institution, place, building, or agency, public or private, whether organized for profit or not,
devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care
of persons admitted for overnight stay or longer in order to obtain medical treatment, including surgical,
obstetric, psychiatric, and nursing care of illness, disease, injury, infirmity, or deformity. The term
“hospital” also includes:
1. Any facility which is devoted primarily to providing psychiatric and related services and
programs for the diagnosis and treatment or care of persons suffering from emotional or nervous
illness; and
2. All places where pregnant women are received, cared for, or treated during delivery,
regardless of the number of patients received.
Hospital. An institution designed for the diagnosis, treatment, and care of human illness or infirmity and
providing health services, primarily for inpatients, and including as related facilities, laboratories,
outpatient departments, training facilities and staff offices, but not including clinics or health care
centers.
SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY
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EXHIBIT "A"
TOWN OF FOUNTAIN HILLS
ZONE C-C AND C-1 PROPERTIES
ITEM 8.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 07/12/2021 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): CONSIDERATION
OF Ordinance 21-11, amending Section 11-1-7, Noise, of the Town Code. Z 2021-03
Staff Summary (Background)
This is a proposed text amendment to the Town Code. Text amendments to the Town Code do not
require the review and recommendation of the Planning and Zoning Commission. Given the subject of
this text amendment, however, staff determined it would be helpful to receive the input and
recommendation of this body before proceeding to the Town Council.
Article 11-1 of the Town Code addresses various offenses. Section 11-1-7 covers noise. This section
defines what is unacceptable noise and the procedures to abate issues. This section was last amended
two years ago when the Council added specific decibel limits to the ordinance.
While there is good reason to use a specific measurement, such as decibels, it has proven to be difficult
to implement over the last two years. For violations to hold up through prosecution, the decibel meter
being used must regularly be calibrated and accurate. Further, the deputies using the meter must be
trained in the use of the meter. Because it has been difficult to do these things, the Sheriff's Office has
not been using this provision in the ordinance when apparent noise violations have occurred.
The main noise complaints received by the Town over the last few years have been associated with
vacation rentals and events that occur at those homes. The current noise ordinance has not been
effective in addressing those issues. In response, the Town agreed to revisit the current noise
ordinance and propose modifications that would facilitate the enforcement of noise violations.
Town staff reviewed ordinances from other cities and towns and worked with the Sheriff's Office, the
Town Prosecutor, and Town Attorney to prepare the revised ordinance. The Prosecutor and Captain
Kratzer both agree the proposed new ordinance should be easier to use and enforce than the existing
ordinance.
The main change to the ordinance is to remove the specific decibel limits and replace them with other
objective criteria that can be used to determine if the noise coming from an activity is "unnecessary,
unusual, or unreasonable noise that is excessive, disruptive, and/or annoying."
Section B of the ordinance provides two new definitions, one for Noise Sensitive Area and one for
Unruly Gathering. The definition for Noise Sensitive Area will help provide protection during the day to
residential neighborhoods and the definition for Unruly Gathering will be helpful with enforcement at
the vacation homes and in other similar situations where large parties occur.
Section C of the ordinance is the portion of the code that eliminates the current use of the decibel
approach and creates the new standards. This section of the ordinance establishes five conditions
which can be considered noise violations if they occur during specific times. These are:
1. Causing or allowing any noise by using, operating or permitting to be played any electronic music
device, television, amplifier, musical instrument, or instrument, machine or device used for the
production, reproduction or emission of sound.
2. Causing or allowing any noise in connection with the loading or unloading or operation of any
vehicle.
3. Using, or allowing use, of landscape maintenance equipment prior to 5:00am.
4. Using or allowing use of hand or power tools or any other machinery or equipment not otherwise
permitted in the town code.
5. Participating in or allowing any malicious or willful shouting, yelling, screaming, or any other form of
raucous vocalization by a person or group of people.
During the hours from 10:00 pm to 6:00 am, these conditions can be found to be a violation if they:
a. Produce any excessive, disruptive, and/or annoying noise, which is clearly audible from a distance of
200 feet or further from the sound source; and
b. Are continuous or intermittent for a period of at least fifteen (15) minutes; and
c. Disturb the peace and quiet of a neighborhood or a reasonable person of ordinary sensibilities.
During the hours from 6:00 am to 10:00 pm these conditions can be found to be a violation in noise
sensitive areas if they meet the criteria above and disturb the peace of a neighborhood or a minimum
of any two or more persons not occupying the same residence or physical location, and are not
exempted in this or any other town code or ordinance.
Section D of the ordinance discusses Prohibited Noise and states: "It is unlawful for any person to
make, allow, enable or create excessive noise, which disturbs the peace or quiet of a neighborhood,
family, or reasonable person of ordinary sensibilities. For purposes of this subsection, the
determination of prohibited noise shall be made based upon the circumstances existing at the time
and place of the violation and the standards established in section 11-1-7(c). For making a
determination that noise is prohibited pursuant to this section, a reasonable person of ordinary
sensibilities may include any Maricopa County Sheriff’s deputy or other town employees designated by
the town manager to enforce this section."
Section E of the ordinance addresses unruly gatherings and states: "A peace officer may abate an
unruly gathering by reasonable means including, but not limited to, citation and/or order dispersal of
the persons attending the gathering."
Sections F - H are unchanged from the current ordinance.
Section I addresses exemptions from the ordinance. One of the exemptions is being modified to
address an issue we have been facing with regard to maintenance of golf courses. The current
address an issue we have been facing with regard to maintenance of golf courses. The current
ordinance language allows for landscape maintenance to occur during daylight hours. This has
presented two problems. One is understanding when it is "daylight." In the cooler months when the
sun comes up later, there are times when some golf course maintenance crews have gotten
started well before daylight to have the course ready for the first golfers. Establishing a specific time in
the ordinance will help with enforcement of this problem. Based on our review of when the golf
course maintenance crews typically want to start work, setting the specific time of 5:00 am will make
the ordinance easier to enforce.
Related Ordinance, Policy or Guiding Principle
Town Code Section 11-1-7 Noise
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of the ordinance as proposed.
SUGGESTED MOTION
MOVE to recommend approval of Ordinance 21-11.
Attachments
Ordinance 21-11
ORDINANCE NO. 21 - 11
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 11, OFFENSES, BY AMENDING SECTION
11-1-7 NOISE
RECITALS:
WHEREAS, the Town Council desires to amend Chapter 11, Offenses, Section 11-1-7 Noise, to
provide a more effective means of addressing noise issues.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth
herein.
SECTION 2. Chapter 11, Offenses, Article 11-1, Offenses, Section 11-1-7, Noise, is
amended as follows:
Section 11-1-7 Noise
A. Purpose. The purpose of this section is to promote the health and general welfare of the
citizens and businesses of the Town by balancing the need to protect the peace and quiet
enjoyment of residential neighborhoods and business districts FROM UNNECESSARY,
UNUSUAL, OR UNREASONABLE NOISE THAT IS EXCESSIVE, DISRUPTIVE,
AND/OR ANNOYING AGAINST THE NEED TO PROMOTE AND ENCOURAGE
COMMERCIAL, BUSINESS, AND RESIDENTIAL ACTIVITY, MAINTENANCE, AND
against unreasonable noise with the legitimate goal of promoting and encouraging commercial,
business, and residential growth in the community.
B. Definitions. The following words, terms and phrases, when used in this section, have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
“A band level” means the total sound level of all noise as measured with a sound level meter
using an A-weighting network. The unit is the dB(A).
“Complainant” means a person who files a noise complaint.
“Decibel” means a sound pressure that is 20 times the logarithm to the base 10 of the ratio of the
pressure of sound to the reference pressure, 2 x 10 -5 newton/meter2.
“Emergency work” means any (a) work performed to prevent or alleviate physical trauma or
property damage threatened or caused by an emergency that has or may result in a disruption of
service and that is necessary to restore property to a safe condition following a public calamity,
(b) work required to protect the health, safety or welfare of persons or property or (c) work by
private or public utilities when restoring utility service.
"NOISE SENSITIVE AREA" MEANS REAL PROPERTY NORMALLY USED FOR
SLEEPING OR NORMALLY USED AS A SCHOOL, CHURCH, HOSPITAL OR PUBLIC
LIBRARY.
“Noise violation” means any noise created that IS PROHIBITED BY THIS SECTIONexceeds
the maximum limits as specified in this section or that is unreasonable under the circumstances
existing at the time and place of the violation.
“Sound level (noise level)” means the sound measured with the A-weighting and slow response
by a sound level meter.
“Sound level meter” means an instrument including a microphone, an amplifier, an output meter
and frequency weighting networks for the measurement of sound levels that satisfies the
pertinent requirements for Type 1 sound level meters as set forth in the most recent version of
American Standard Specifications for Sound Level Meters ANSI S1.4-1983.
“Sound source” means the cause and location of the noise.
“UNRULY GATHERING” MEANS A GATHERING OF FIVE (5) OR MORE PERSONS
ON ANY PRIVATE RESIDENTIAL OR COMMERCIAL PROPERTY, WHICH
DISTURBS THE PEACE AND QUIET OF A NEIGHBORHOOD OR A REASONABLE
PERSON OF ORDINARY SENSIBILITIES BY PRODUCING EXCESSIVE NOISE AS
PROHIBITED UNDER THIS SECTION AND MAY INCLUDE IMPEDING TRAFFIC,
OBSTRUCTION OF PUBLIC STREETS BY CROWDS OR VEHICLES, USING OR
POSSESSING ILLEGAL DRUGS, DRINKING IN PUBLIC AREAS, THE SERVICE OF
ALCOHOL TO MINORS OR CONSUMPTION OF ALCOHOL BY MINORS,
FIGHTING, LITTERING, OR SIMILARLY DISRUPTIVE ACTIVITIES.
C. PROHIBITED NOISES, STANDARD Measurement Standard. Where applicable, sound
level shall be measured with a sound level meter operated in accordance with the manufacturer’s
guidelines and instructions.
THE FOLLOWING ACTIVITIES IN 1 – 5 BELOW ARE PROHIBITED AT ANY
LOCATION WITHIN THE JURISDICTIONAL LIMITS OF THE TOWN AFTER 10:00
P.M. BUT BEFORE 6:00 A.M. IF THEY:
A. PRODUCE ANY EXCESSIVE, DISRUPTIVE, AND/OR ANNOYING NOISE,
WHICH IS CLEARLY AUDIBLE FROM A DISTANCE OF 200 FEET OR FURTHER
FROM THE SOUND SOURCE; AND
B. ARE CONTINUOUS OR INTERMITTENT FOR A PERIOD OF AT LEAST
FIFTEEN (15) MINUTES; AND
C. DISTURB THE PEACE AND QUIET OF A NEIGHBORHOOD OR A
REASONABLE PERSON OF ORDINARY SENSIBILITIES.
THE SAME ACTIVITIES MAY BE PROHIBITED AFTER 6:00 A.M. BUT BEFORE 10:00
P.M. IN NOISE SENSITIVE AREAS IF THEY MEET ALL THREE CRITERIA LISTED
ABOVE, DISTURB THE PEACE OF A NEIGHBORHOOD OR A MINIMUM OF ANY
TWO OR MORE PERSONS NOT OCCUPYING THE SAME RESIDENCE OR
PHYSICAL LOCATION, AND ARE NOT EXEMPTED IN THIS OR ANY OTHER TOWN
CODE OR ORDINANCE.
1. CAUSING OR ALLOWING ANY NOISE BY USING, OPERATING OR
PERMITTING TO BE PLAYED ANY ELECTRONIC MUSIC DEVICE,
TELEVISION, AMPLIFIER, MUSICAL INSTRUMENT, OR INSTRUMENT,
MACHINE OR DEVICE USED FOR THE PRODUCTION, REPRODUCTION OR
EMISSION OF SOUND.
2. CAUSING OR ALLOWING ANY NOISE IN CONNECTION WITH THE
LOADING OR UNLOADING OR OPERATION OF ANY VEHICLE.
3. USING, OR ALLOWING USE, OF LANDSCAPE MAINTENANCE
EQUIPMENT PRIOR TO 5:00AM.
4. USING OR ALLOWING USE OF HAND OR POWER TOOLS OR ANY OTHER
MACHINERY OR EQUIPMENT NOT OTHERWISE PERMITTED IN THE
TOWN CODE.
5. PARTICIPATING IN OR ALLOWING ANY MALICIOUS OR WILLFUL
SHOUTING, YELLING, SCREAMING, OR ANY OTHER FORM OF RAUCOUS
VOCALIZATION BY A PERSON OR GROUP OF PEOPLE.
D. Per Se Noise Violations.
1. Subject to the complaint processing provisions in subsection (D)(2) of this section, it shall be
a violation of this section to emit or allow to be emitted noise in excess of the permissible noise
levels set forth in Table 1 below.
Time Decibel dB(A)
Table 1 Permissible Noise
Levels:
6:00 a.m. to 10:00 p.m. 70
10:00 p.m. to 6:00 a.m. 50
2. Complaint Processing. After receiving a noise complaint from a complainant, an individual
authorized under subsection H of this section shall measure the noise level with such
measurements being made where the complainant’s peace and quiet was disturbed. The
authorized individual shall determine a per se noise violation has occurred when the decibel
levels at the complainant’s location exceed the maximum decibel levels set forth in Table 1
above.
3. The 10:00 p.m. cutoff may be extended to 11:00 p.m. in conjunction with a temporary use
permit issued by the Town pursuant to Section 2.03 of the Town Zoning Ordinance.
E. Violations for PROHIBITEDUnreasonable Noise. It is unlawful for any person to make,
ALLOW, ENABLE or create EXCESSIVE unreasonable noise, WHICHwith intent to
disturbS the peace or quiet of a neighborhood, family, or REASONABLE person, OF
ORDINARY SENSIBILITIES. FOR PURPOSES OF THIS SUBSECTION, THE
DETERMINATION OF PROHIBITED NOISE SHALL BE MADE BASED UPON THE
CIRCUMSTANCES EXISTING AT THE TIME AND PLACE OF THE VIOLATION
AND THE STANDARDS ESTABLISHED IN SECTION 11-1-7(C). or with knowledge of
doing so. FOR MAKING A DETERMINATION THAT NOISE IS PROHIBITED
PURSUANT TO THIS SECTION, A REASONABLE PERSON OF ORDINARY
SENSIBILITIES MAY INCLUDE ANY MARICOPA COUNTY SHERIFF’S DEPUTY
OR OTHER TOWN EMPLOYEES DESIGNATED BY THE TOWN MANAGER TO
ENFORCE THIS SECTION.For purposes of this subsection, the determination of
unreasonable noise shall be made based upon the circumstances existing at the time and place of
the violation and independently of subsection D of this section.
E. UNRULY GATHERING; ABATEMENT. A PEACE OFFICER MAY ABATE AN
UNRULY GATHERING BY REASONABLE MEANS INCLUDING, BUT NOT
LIMITED TO, CITATION AND/OR ORDER DISPERSAL OF THE PERSONS
ATTENDING THE GATHERING.
F. Sound Truck. It is unlawful to play, operate, or use any device known as a sound truck, loud
speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier or any
instrument of any kind or character that emits loud and raucous noises and is attached to and
upon any vehicle.
G. Braking Devices. It shall be unlawful for the driver of any vehicle to use or operate or cause
to be used or operated within the Town any compression release or other engine braking device
designed to aid in the braking or deceleration of any vehicle which results in noise in excess of
that which would otherwise be produced from such vehicle without such braking device. The
provisions of this subsection do not apply to public safety vehicles or to any vehicle while
descending Golden Eagle Boulevard.
H. Violations. The Town Manager or designee, code official or Town-designated law
enforcement officer may issue civil citations pursuant to subsection 1-8-3(D) to enforce
violations of this section. After civil enforcement as set forth in subsection 1-8-3(D), any Town-
designated law enforcement officer or the Town Prosecutor may issue criminal complaints
pursuant to subsection 1-8-2(A) to enforce this section.
I. Exemptions. The following uses and activities shall be exempt from Town noise level
regulations:
1. Noises resulting from air-conditioning equipment when such equipment is in proper operating
condition.
2. Noises resulting from LANDSCAPElawn maintenance equipment AFTER 5:00
A.M.operated during daylight hours when such equipment is functioning with all mufflers and
standard noise-reducing equipment in use and in proper operating condition.
3. Noises of safety signals, warning devices and emergency pressure relief valves.
4. Noises resulting from an authorized emergency vehicle when responding to an emergency
call or acting in time of emergency.
5. Noises resulting from emergency work.
6. Church chimes or bells.
7. Any noise created by any Town or Town contractor vehicles, equipment or facilities while
being operated or utilized for official business.
8. Noises resulting from a special event being held pursuant to a Town-issued special event
permit.
9. An unamplified human voice.
10. Noises resulting from an event being held by a school.
J. Other Remedies. Nothing in this section shall be construed as affecting the ability of the Town
or other body to initiate or continue concurrent or subsequent criminal prosecution of any person
for any violations of the provisions of the Town Code or State law arising out of the
circumstances necessitating the application of this section.
SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions thereof.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
15th day of June, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickie, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney