HomeMy WebLinkAbout151110WSP
Z:\Council Packets\2015\W151110\151110WSA.doc Page 1 of 1
NOTICE OF THE WORK STUDY SESSION
OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M.
WHEN: TUESDAY, NOVEMBER 10, 2015
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Work-Study Session.
ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN.
The primary purpose of work session meetings is to provide the Town Council with the opportunity for in-depth discussion
and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by
consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or
another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may
limit or end the time for such presentations.
AGENDA
CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh
1. DISCUSSION relating to possible REVISIONS to the Town Code, Zoning Ordinance, and
Subdivision Ordinance.
2. ADJOURNMENT.
DATED this 5th day of November 2015.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939
(TDD) 48 hours prior to the meeting to request a reasonable accommodation to attend this meeting or to obtain agenda information in large print format.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk’s office.
Mayor Linda M. Kavanagh
Vice Mayor Dennis Brown Councilmember Henry Leger
Councilmember Nick DePorter Councilmember Alan Magazine
Councilmember Cassie Hansen Councilmember Cecil A. Yates
Z:\Council Packets\2015\W151110\151110WSA.doc Page 1 of 1
NOTICE OF THE WORK STUDY SESSION
OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M.
WHEN: TUESDAY, NOVEMBER 10, 2015
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Work-Study Session.
ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN.
The primary purpose of work session meetings is to provide the Town Council with the opportunity for in-depth discussion
and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by
consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or
another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may
limit or end the time for such presentations.
AGENDA
CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh
1. DISCUSSION relating to possible REVISIONS to the Town Code, Zoning Ordinance, and Subdivision
Ordinance.
2. ADJOURNMENT.
DATED this 5th day of November 2015.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939
(TDD) 48 hours prior to the meeting to request a reasonable accommodation to attend this meeting or to obtain agenda information in large print format.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk’s office.
Mayor Linda M. Kavanagh
Vice Mayor Dennis Brown Councilmember Henry Leger
Councilmember Nick DePorter Councilmember Alan Magazine
Councilmember Cassie Hansen Councilmember Cecil A. Yates
TOWN OF FOUNTAIN HILLS
OFFICE OF DEVELOPMENT SERVICES
INTER OFFICE MEMO
TO: Mayor Kavanagh and Town Council
DATE: November 4, 2015
FROM: Paul Mood, P.E.
Director of Development Services
RE: Town Code and Ordinance Updates
Below is a list of recommended Town Code and Town Ordinance updates to address common
issues that staff and Law Enforcement have encountered. Many of the items are “general
housekeeping” and the items that staff feels are most critical are shown in red text.
TOWN CODE
Article 10-3 – Abandoned Vehicles – This section along with 11-1-1 of the Town Code and
7.02 (J) of the Zoning Ordinance need to be revised, so they are consistent with one another.
Each regulation lists different time frames as well as location requirements for abandoned or
“junked” vehicles. This section also references incorrect Arizona Revised Statutes and has
been specified by senior MCSO staff to be difficult to enforce
11-1-1 (A)(3) – Abandoned Vehicles (Definitions) – Section references incorrect Arizona
Revised Statute and needs to be updated.
11-1-1 (B)(C) – Abandoned Vehicles (Unsheltered Storage and Removal) - This section
along with Article 10-3 of the Town Code and 7.02 (J) of the Zoning Ordinance all need to be
revised, so they are consistent with one another. Each regulation lists different time frames as
well as location requirements for abandoned or “junked” vehicles. This section also only
specifies private property in 11-1-1 (B)(1), so it is unenforceable on public streets. Suggest a
review of (and consideration to use) the State definition for abandoned vehicles found in ARS
28-4801 and regulation in ARS 28-4831.
11-1-8 – Obstruction of View - Proposed change to rename to “Right-Of-Way Landscape
Maintenance” and include requirement for all property owners (residential and commercial) to
maintain landscaping adjacent to their property to the back of the curb. Also suggested to
incorporate similar verbiage found in section 16-1-4 (B)(2) for landscaping in the right-of-way.
The proposed change will help the Code Officer to enforce current regulations which are vague.
12-3-6 (A) – Restricted Parking Areas for the Physically Disabled - This section references
incorrect ARS Statute and needs to be updated.
12-3-9 – Trailer, Construction Equipment or RV Parking – This section should be
incorporated into section 7.02 in the Zoning Ordinance or change 7.02 (H) to include public
streets. Also note: The 2:00am to 4:00am timeframe restriction on this type of parking is
difficult to enforce.
10-1-24 (C) – Placement of Solid Waste and Recycling Collection Containers – Verbiage
should be changed to remove “so as not to be visible from the street or public rights-of-way” and
specify something like “must be stored within six feet of the residence” or something similar.
Staff has determined that the existing verbiage is unreasonable and unenforceable. Many
residences with carports, topographical restrictions, etc. cannot store containers out of view.
11-1-__ (Offenses) – Public Urination – For enforcement purposes, MCSO has made
previous requests to add public urination as an offense in the Town Code.
6-1-4 – Restrictions on Keeping Animals – This section is not consistent with section 5.15 in
the Zoning Ordinance, which is more detailed and concise. Regulation should match that which
is in Zoning.
9-4-3 – Rules and Regulations at Town Owned Parks – Consider changes to prohibit specific
animals or all animals except dogs and cats on a leash or registered service animals. This
update is recommended due to a recent incident with a horse at Fountain Park.
10-2-8 and 10-2-9 – Handbills – Both sections should be amended to specify that a business
license is required per Town Code sections 8-1-1 and 8-2-1 (Business License and Peddlers
License).
Article 10-4 – Removal of Litter – This section should be re-written, as it does not reflect
current Town policies. Due to lack of financial resources, Town staff no longer abates litter
issues on private property unless it is deemed to be a hazard to public safety and the property is
abandoned and vacant.
11-1-10 (Offenses) – Searchlights – This section should be moved to chapter 8 of the Zoning
Ordinance (Outdoor Lighting) and should also include references to more up to date types of
lighting, such as LED.
11-1-11 (Offenses) – Signs and Banners – Needs to be amended to include attaching items to
street signs as unlawful without permission. Consider moving this section over to chapter 6 of
the Zoning Ordinance (Sign Regulations).
11-1-15 (Offenses) – Smoking Prohibited – Consider amending to include the use of E-
cigarettes in publicly owned or leased buildings.
12-4-7 – Parking in Residential Areas (a.k.a. Yard Parking) – This section could be
incorporated into chapter 7 of the Zoning Ordinance (Parking and Loading Requirements) or
Article 12-3 of Town Code (Parking). Also, the verbiage needs to be changed, as it refers to the
Fountain Hills engineering department residential driveway policy, which is an outdated
document. It should refer to section Zoning Ordinance Section 7.03 (A)(2).
16-1-3 – Permit Required – This section addresses right-of-way encroachments and should
include the requirement for lighted barricades, which is specified on the Encroachment Permit
application for when materials are left in the street.
ZONING ORDINANCE
5.09 (C) – Walls and Fences – Materials and Design – This section needs to be more
concise. The Zoning Administrator historically has prohibited chain link fences in residentially
zoned areas, but permits them in commercially zoned areas. This is not reflected in the
Ordinance in any way. Another consideration is that chain link fences are permitted for tennis
and basketball courts in residential areas.
7.02 (G) – Commercial Vehicle Parking – This Ordinance should be revised, as it is vague
and difficult to enforce. Recommend using some or all of the State ARS definition for
commercial vehicles in ARS 28-5201, rather than the ARS 28-2231 that is referenced in the
current Ordinance.
7.02 (H)(1)(a) – Trailer and RV Storage – The words “on a residential lot” should be replaced
with “in a residentially zoned district”, so it covers both public and private property (e.g. trailers
or RVs parked in the street, which is poorly covered in Town Code section 12-3-9). Also,
change the word “behind” to “enclosed within” to make the section more concise, as that is how
it has been enforced
7.02 (J) – Storage and Parking of “Junk” Automobiles - This section along with Article 10-3
of the Town Code and 11-1-1 of the Town Code all need to be revised, so they are consistent
with one another. Each regulation lists different time frames as well as location requirements for
abandoned or junked vehicles.
1.12 – Definitions – Add definition for “Assisted Living Facility”. The current City of Mesa
definition reads: “A residential care institution intended for occupancy by persons of advanced
age or limited ability for self-care, which may provide food, transportation, recreation, or other
services to the residents thereof, and which is licensed by the Arizona Department of Health
Services to perform supervisory care, personal care, or custodial care services. The term shall
include boarding houses, dormitories, apartments, and similar multiple-residence living
arrangements when operated as an assisted living facility as defined herein, but shall not
include group homes for the handicapped, adult care homes, nursing homes, hospitals, or
hotels”.
5.15 – Animals and Pets - This section is not consistent with section 6-1-4 in the Town Code.
This section is more detailed and concise and is preferred, but perhaps should be moved to
chapter 6 of the Town Code. At minimum, regulation should match that which is in the Town
Code. Section 5.15(A) should include a definition for “household pets”.
6.08 (R) – Political Signs – Section should include the State Law specification that political
signs may only be put up 60 days or less before a primary election. Also our Ordinance
specifies a 10 day period that signs may remain after an election and the State law specifies 15
days. Our verbiage should match what is written in ARS 16-1019. We also do not list the
maximum sign size permitted in non-residentially zoned areas, which is 32 sq. ft.
,0 V
1/i -»...<-0**
TOWN OF FOUNTAIN HILLS
OFFICE OF DEVELOPMENT SERVICES
INTER OFFICE MEMO
TO:Mayor Kavanagh and Town Council DATE:November 9,2015
FROM:BobRodgers,Senior Planner
-&RE:Town Ordinance Updates
Below are two ordinance amendments being requested bystaff.
Both proposed amendments would reduce the time it takes these applications to be approved while not
reducing the scrutiny the proposals will receive.
Staff Recommendation for Ordinance Amendments
RE:Administrative Approval of non-discretionary plans
Commercial,Industrial,&Multi-Family Concept Plans:
Section 2.04 of the Zoning Ordinance currently requires that Concept Plans be approved by the
Planning &Zoning Commission regardless of whether or not the proposal meets all the zoning
regulations.
Staffproposesthat the section beamended to allow staff administrative approval forsuch plans ifthey
are in full compliance with the zoning regulations.This would save commercial proposals about a
month of review time and public meetings and would allow such proposals to go straight to the
building permit process.
This would effectively treat a commercial building the same as proposals for houses. Ifthey meet the
ordinances,they can apply for a building permit.AnySpecial Use Permits or other anomalies would still
go through the current review and approval process.
Minor Re-plats:
Section 2.07 of the Subdivision Ordinance currently requires that minor re-plats be processed the same
as large subdivision plats. They are treated as Final Plats and required to have Council approval.
However,the Council has little discretion in approving such plans if they conform to the ordinance
requirements.
Staff proposes that the section be amended to allow staff administrative approval of minor lot line
changes or re-plats of up to four lots where no physical construction of roadways or related
infrastructure would be required for additional frontage.
This will allow minor lot splits, lot joins, and lot line adjustments to be processed quicker and without
the need for hearings before the P&Z and Council.
Currently,Condominium plats are the only plats approved in this manner.