HomeMy WebLinkAbout121004P
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, OCTOBER 4, 2012
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 o r by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and , as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not p resent when a recording may be
made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Vice Mayor Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
Last printed 9/26/2012 3:31 PM Page 2 of 3
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor will read a Proclamation recognizing October 1 – 5, 2012, as Customer
Service Week.
ii.) The Mayor will read a Proclamation declaring October 2012, Fire Prevention
Month.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) None.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised
during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the
conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
September 11 and 20, 2012.
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
William Lionell Pageau, Owner/Agent of Fountain Hills Elks 2846 located at 16766
Parkview Ave. Suite 103, Fountain Hills, AZ. This is for a series 14 license (Private Club).
3. CONSIDERATION of approving the AMENDED STRATEGIC PLAN GOALS AND
OPERATIONAL PRIORITIES for FY12-13.
REGULAR AGENDA ITEMS
4. CONSIDERATION of accepting and approving the placement of a SCULPTURE titled,
“More than Words”, in the Centennial Circle.
5. CONSIDERATION of accepting and approving the placement of a SCULPTURE title,
“Second Story View”, in Fountain Park.
6. CONSIDERATION of accepting and approving the placement of a SCULPTURE title,
“Emma’s Garden”, in Fountain Park.
7. PUBLIC HEARING relating to ORDINANCE 12-04, an amendment to the Zoning
Ordinance to amend SECTION 19.05 – Public Art Requirements. If adopted, the
amendment would revise the options for developer donations to the “Public Art Fund” to
require that such donations be made at the time of the Building Permit issuance rather than
at the time of Certificate of Occupancy issuance. Case Number Z2012-02
Last printed 9/26/2012 3:31 PM Page 3 of 3
8. CONSIDERATION of ORDINANCE 12-04, an amendment to the Zoning Ordinance to
amend SECTION 19.05 – Public Art Requirements. If adopted, the amendment would
revise the options for developer donations to the “Public Art Fund” to require that such
donations be made at the time of the Building Permit issuance rather than at the time of
Certificate of Occupancy issuance. Case Number Z2012-02
9. PUBLIC HEARING relating to ORDINANCE 12-06, an amendment to the Zoning
Ordinance to amend Chapters 2, 5, 9, 10, 11, 15, and 18. If adopted, the amendments would
revise the sections relating to “Temporary Use Permits” to amend, eliminate, and/or
redefine these sections in order to streamline processes and eliminate unnecessary
bureaucracy or duplicative permits. Case Number Z2012-03
10. CONSIDERATION of ORDINANCE 12-06, an amendment to the Zoning Ordinance to
amend Chapters 2, 5, 9, 10, 11, 15, and 18. If adopted, the amendments would revise the
sections relating to “Temporary Use Permits” to amend, eliminate, and/or redefine these
sections in order to streamline processes and eliminate unnecessary bureaucracy or
duplicative permits. Case Number Z2012-03
11. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or
(ii) directing staff to conduct further research and report back to the Council:
A. NONE.
12. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
13. ADJOURNMENT
DATED this 27th day of September, 2012.
_____________________________________
Bevelyn J. Bender, Town Clerk
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, OCTOBER 4, 2012
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 Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be
made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Vice Mayor Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
Last printed 9/26/2012 3:31 PM Page 2 of 3
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor will read a Proclamation recognizing October 1 – 5, 2012, as Customer
Service Week.
ii.) The Mayor will read a Proclamation declaring October 2012, Fire Prevention
Month.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) None.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised
during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the
conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
September 11 and 20, 2012.
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
William Lionell Pageau, Owner/Agent of Fountain Hills Elks 2846 located at 16766
Parkview Ave. Suite 103, Fountain Hills, AZ. This is for a series 14 license (Private Club).
3. CONSIDERATION of approving the AMENDED STRATEGIC PLAN GOALS AND
OPERATIONAL PRIORITIES for FY12-13.
REGULAR AGENDA ITEMS
4. CONSIDERATION of accepting and approving the placement of a SCULPTURE titled,
“More than Words”, in the Centennial Circle.
5. CONSIDERATION of accepting and approving the placement of a SCULPTURE title,
“Second Story View”, in Fountain Park.
6. CONSIDERATION of accepting and approving the placement of a SCULPTURE title,
“Emma’s Garden”, in Fountain Park.
7. PUBLIC HEARING relating to ORDINANCE 12-04, an amendment to the Zoning
Ordinance to amend SECTION 19.05 – Public Art Requirements. If adopted, the
amendment would revise the options for developer donations to the “Public Art Fund” to
require that such donations be made at the time of the Building Permit issuance rather than
at the time of Certificate of Occupancy issuance. Case Number Z2012-02
Last printed 9/26/2012 3:31 PM Page 3 of 3
8. CONSIDERATION of ORDINANCE 12-04, an amendment to the Zoning Ordinance to
amend SECTION 19.05 – Public Art Requirements. If adopted, the amendment would
revise the options for developer donations to the “Public Art Fund” to require that such
donations be made at the time of the Building Permit issuance rather than at the time of
Certificate of Occupancy issuance. Case Number Z2012-02
9. PUBLIC HEARING relating to ORDINANCE 12-06, an amendment to the Zoning
Ordinance to amend Chapters 2, 5, 9, 10, 11, 15, and 18. If adopted, the amendments would
revise the sections relating to “Temporary Use Permits” to amend, eliminate, and/or
redefine these sections in order to streamline processes and eliminate unnecessary
bureaucracy or duplicative permits. Case Number Z2012-03
10. CONSIDERATION of ORDINANCE 12-06, an amendment to the Zoning Ordinance to
amend Chapters 2, 5, 9, 10, 11, 15, and 18. If adopted, the amendments would revise the
sections relating to “Temporary Use Permits” to amend, eliminate, and/or redefine these
sections in order to streamline processes and eliminate unnecessary bureaucracy or
duplicative permits. Case Number Z2012-03
11. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or
(ii) directing staff to conduct further research and report back to the Council:
A. NONE.
12. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
13. ADJOURNMENT
DATED this 27th day of September, 2012.
_____________________________________
Bevelyn J. Bender, Town Clerk
iKTWN of fountain Mills
PROCLAMATION
OJJICE Of T3<T MJk.yO'R
WHEREAS,in 1992 theU.S.Congress proclaimed Customer Service Weeka nationally
recognizedevent,celebrated annually duringthefirstfullweekinOctober,and
WHEREAS,CustomerServiceWeekisdevotedtorecognizingtheimportance of customer
serviceandhonoringthepeopleonthefrontlines of theservicerevolution,and
WHEREAS,various federal,state,andlocal government officials throughout thecountryare
takingthistimetorecognize,thank,andcommendallcustomerservicepersonnelforthe
dedicatedservicetheyprovidetocitizens,and
WHEREAS,theTownCouncilwouldliketoexpressitssincerethanksandappreciationforthe
excellentservice provided tothecitizensoftheTownof Fountain Hillsonadailybasisbythe
Customer Service Representatives of theTown,and
WHEREAS,theTownCouncilrecognizesandcommendstheCustomerServiceRepresentatives
forfulfillingtheTown'scommitmenttoprovidingthehighestandmostefficientlevel of
customer service,
NOW,THEREFORE,I,LindaM.Kavanagh,Mayor of theTown of FountainHills,hereby
proclaim the October 1 through October 5,2012as Customer Service Weekin Fountain Hillsand
respectfullyaskallcitizenstojoininexpressingthanksfortheoutstandingworkperformedby
theCustomerServiceRepresentatives of theTownthroughouttheyear.
IN WITNESS WHEREOF,Ihave hereunto setmyhandand caused tobe affixed the official
seal of the Town of Fountain Hills,Maricopa County,Arizona this jj^day of September,2012.
Bevelyn J.Bender,Town Clerk
CUSTOMER SERVICE WEEK
OCTOBER 1-5,2012
Community Center
t&e imfeontavtee
wwice <zact
fan t&e
oumk t&ecf,da
ail yean facta
Municipal Court
ttsmmmum
TCTWN Of JOUNTJAIN MILLS
THOCLJAM^TlON
M'JiEREJAS,the Town of Fountain Hills is committed to ensuring the safety and security ofall those living
in and visiting our community;and
'WJiEREJAS,home fires killed more than 2,600 people in the United States in 2010,and fire departments
intheUnited States responded to more than 369,000 home fires;and
^VJ-fEREJAS,residents who have planned and practiced a home fire escape plan are more prepared and
will therefore be more likelyto survive afire;and
'WWEREJAS,working smokealarmscuttheriskof dying in reported home fires in half;and
'WJ-fEREAS,the Town of Fountain Hills'first responders are dedicated to reducing the occurrence ofhome
fires and home fireinjuries through prevention and protection education;and
"W'JfE'R'EAS,Town of Fountain Hills residents are responsive to public education measuresandareableto
take personal steps to increase their safety fromfire,especially intheir homes;and
~W3-fEREAS,the 2012 Fire Prevention Month theme,"Have Two Ways Out!"effectively servesto remind
ustodevelopandpracticehomefire escape plansduringFirePreventionMonthandyear-round.
NO~W,'TJfEREfORE,I,Mayor Linda M.Kavanagh ofthe Town of Fountain Hills,Arizona,do hereby
proclaimthemonthofOctober,2012,as FirePreventionMonthandurgeall residents topracticetheirhome
fire escape planduringFirePreventionMonth2012andto support themanypublicsafetyactivitiesand
effortsoftheTown'sfireand emergency services.
VJATEE)this 27th day of September,2012
ATTEST:
\JMWA}
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:10/4/2012 Meeting Type:Regular Session
Agenda Type:Consent Submitting Department:Administration
Staff Contact Information:BevelynJ.Bender,TownClerk;480.816.5115;bbender@fh.az.gov
Council Goal:
Strategic Values:Civic Responsibility Solicit/consider feedback in decision making
REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approvingtheTOWNCOUNCILMEETING
MINUTESfrom September 11 and20,2012.
Applicant:NA
Applicant Contact Information:
Property Location:
Related Ordinance,Policy or Guiding Principle:A.R.S.§38-431.01
Staff Summary (background):
The intent of approving previous meeting minutes isto ensure an accurate account of the discussion and
action that took place at that meeting for archival purposes.Approved minutes are placed on the Town's
website in compliance with state law.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs;budget status):
Budget Reference (page number):
Funding Source:NA
If Multiple Funds utilized,list here:
Budgeted;ifNo,attach Budget Adjustment Form:NA
Recommendation(s)by Board(s)or Commission(s):N/A
Staff Recommendation(s):Approve
List Attachment(s):None
SUGGESTED MOTION (forcounciluse):Move to approve the consent agenda as listed.
Prepared by:Director's Approval:
Bevelyn Bender,Town Clerk 9/24/2012
Approved:
NA 9/24/2012
en Buchanan,Town ManagerKenBuchanan,Town Manager 9/25/2012
Page 1of1
Meeting Date:10/4/2012
Agenda Type:Consent
Staff Contact Information:
Strategic Values:Not Applicable (NA)
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Type:Regular Session
Submitting Department:Administration
Council Goal:
Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a LIQUOR LICENSE APPLICATION
submittedbyWilliamLionellPageau,Owner/Agent of FountainHillsElks2846locatedat16766ParkviewAve.Suite
103,Fountain Hills,AZ.This isfora series 14 license (Private Club).
Applicant:WilliamLionell Pageau
Applicant Contact Information:(480)837-0731
Property Location:16766 Parkview Ave.Suite 103,Fountain Hills,AZ
Related Ordinance,Policy or Guiding Principle:A.R.S.Title4/Alcoholic Beverages (4-205.02)and Title
19/Chapter1
Staff Summary (background):The purpose ofthisitemisto obtain Council's recommendation regarding a
liquor license application submitted by William Lionell Pageau,Owner/Agent ofFountain Hills Elks2846for
submission to the Arizona Department ofLiquor.The application was reviewed by staff for compliance with
Town ordinances.Staff recommends approval of this liquor license application as submitted.
Risk Analysis (options or alternatives with implications):N/A
Fiscal Impact (initial and ongoing costs;budget status):N/A
Budget Reference (page number):N/A
Funding Source:NA
If Multiple Funds utilized,listhere:N/A
Budgeted;ifNo,attach Budget Adjustment Form:NA
Recommendation(s)by Board(s)or Commission(s):N/A
Staff Recommendation(s):Approve
List Attachment(s):Front page of the application and staffs'recommendation
SUGGESTED MOTION (for council use):Moveto approve the consent agenda.
Prepared by:jbornian,Financial Services TecrTT 10/4/2012
Page 1of2
Director's Approval
O-...0 Z—OWfrv.tof't/i
Julie Ghtetti,Deput <Town Manager/Finance Director 10/4/2012
0 '
\pproved:^^^
<en Buchanan,Town Mar 10/4/2012
Page 2 of2
TOWN OF FOUNTAIN HILLS
OFFICE OF TOWN CLERK
INTER OFFICE MEMO
TO (as applicable):
1)Streets Division
2)Fire Department
3)Building Division
4)Community Services
5)Development Services
6)Law Enforcement
7)Licensing
DATE:August 27,2012
FROM:Jo Moorman,Accounting Clerk RE:Liquor License Application
AttachedisaLiquorLicenseApplicationforreviewfor Fountain Hills Elks 2846.,locatedat
16766 Parkview Ave Suite 103,Fountain Hills,AZ 85268.
Pleasereviewthe application and electronically returnthe departmental recommendation no
later than August 30,2012,indicating staff's recommendation forapproval(withorwithout
stipulations)ordenialinthespacebelowandreturnthisformtoJoMoorman,Finance.
If staffs recommendation istodenyorthereare stipulations for approval,pleaseattachamemo
thatspecifiesthereasoningandthememowillbeforwardedontotheTownCouncilfortheir
consideration of this application.
Applicant:William Lionell Pageau
Date(s)of Event:NA
Date Application Received:08/27/12 Town Council Agenda Date:10/04/12
STAFF REVIEW AND RECOMMENDATION:
'-Attach report fordenialorany recommendation requiring stipulations.
Name of staff who reviewed application
Approved KKrth
Approved R Roberts
Approved JasonField
N/A B.Hughes
Approved BobRodgers
Approved J.P.Rodriquez
Jo Moorman
Streets Division
Fire Department
Building Division
Community Services
Development Services
Law Enforcement
Licensing Approved
Does the business have a current business license?No
Business License #Non profit -N/A Effective period |
Does the business name match database?Fill In
Doownersand/orofficerslistedontheapplicationmatchthedatabase?FillIn
Doesthemailingmatchthedatabase?FillIn
Does the business address match the database?Fill In
to
Z:"Council Packots'OO J2\Ri<)-1 I iMPountaiyi Wilh I \ly I iijiior i i'cww AppHcaJwwXUcpartmcnlii!rawwttv.ndaUon form FH Eifo masicf.doc n.
Paw;I of !
-i2ftJG30UT.Lic.W4G5
Arizona Department of Liquor Licenses and Control fv^J'c D ty l /l.
^^Vv,e?tlV,yashington,5thFloor J t
Phoenix,Arizona 85007 .'/^OU)^-5 u'^H/Z-
www.azliquor.gov
TYPE OR PRINT WITH BLACK INK
Notice:Effective Nov.1,1997,All OWners,Agents,PartnersVStockholdsrsrOfficersyor Managers actively;involved)in the daytoday operations of
thebusinessmustattenda Departmah^i approved liquohlavv training course orprovide,proofof attendance within thelast five years.See page 5of
the Liquor Licensing requirements.
SECTION 1 This application is for a:SECTION 2 Type of ownership:
•MORE THAN ONE LICENSE yK H
•INTERIM PERMIT Complete Section 5 •J.T.W.R.O.S.Complete Section6
M NEW LICENSE Complete Sections 2,3,4,13,14,15,16 •INDIVIDUAL CompleteSection6
•PERSON TRANSFER (Bars&Liquor Stores ONLY)•PARTNERSHIP Complete Section 6
Complete Sections 2,3,4,11,13,15,16 •CORPORATION CompleteSection7
•LOCATION TRANSFER (Bars and Liquor Stores ONLY)•LIMITED LIABILITY CO.CompleteSection7
Complete Sections 2,3,4,12,13,15,16 B'CLUB Complete Section 8
•PROBATE/WILL ASSIGNMENT/DIVORCE DECREE D GOVERNMENT CompleteSection10
Complete Sections 2,3,4,9,13,16 (fee notrequired)•TRUST Complete Section 6
•GOVERNMENT Complete Sections 2,3,4,10,13,15,16 •OTHER (Explain)
SECTION 3 Type of license and fees LICENSE#(s):-fM-jffl N0130(jI.o
1.TypeofLicense(s):
2.Total fees attached:
Department UseOnly
APPLICA TIONFEE AND INTERIMPERMITFEES(IF APPLICABLE)ARE NOT REFUNDABLE.
The fees allowed under A.R.S.44-6852 will be charged for all dishonored checks.
SECTION 4 Applicant
Mr.1.Owner/Agent's Name:m*Pageau William.l.'l<?n^.t\
(Insertonename ONLY toappearonlicense)Last First Middle
2.Corp./Partnership/L.L.C:Fountain Hills Ellks £ft <f 6
(Exactly as it appears onArticlesof Inc.orArticlesofOrg.)
3.Business Name:Fountain Hills Elks 2846
(Exactly asitappears onthe exterior of premises)^
4.Principal Street Location 16766 "fcrAii.Sw f)t/'~Fountain Hills ^Maricopa 85268 -
(Donot use POBox Number)City County Zip
5.Business Phone:480-837-0731 Daytime Contact:43fr^MW <^-jQ ,g\3 ?-.e>TS/
6.Is thebusinesslocated within the incorporated limits oftheabove city ortown?SYES DNO
7.Mailing Address:16766^<TS^^j^c3^y\Ul^ft*-•V-6Z26*V 5i>c-,-fg-Ay?
<City State Zip
8.Pricepaidforlicenseonlybar,beerand wine,or liquor store:Type$Type$
DEPARTMENT USE ONLY
Fees:[BlB HH'U ,,,,,^
Application Interim Permit Agent Change Club Finger Prints $liH'U U
TOTAL OF ALL FEES
atement of Citizenship &Alien Status For State Benefits complete?QLyES •NO
Date:ffp/l^Lie.#NVlMUClP
3/9/2oi2 *Disabled individuals requiring special accommodation,please call(602)542-9027.
1
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:10/4/2012 Meeting Type:Regular Session
Agenda Type:Consent Submitting Department:Administration
Staff Contact Information:Town Manager Ken Buchanan;kbuchanan@fh.az.gov;480-816-5130
Strategic Values:Civility,CivicResponsibility,Economic Vitality,Maintain and ImproveCommunityInfrastructure,
Recreational Opportunities and Amenities
REQUEST TO COUNCIL (Agenda Language):CONSIDERATION ofapprovingthe amended StrategicPlanGoalsand
Operational Priorities for FY12-13.
Applicant:N/A
Applicant Contact Information:N/A
Property Location:N/A
Related Ordinance,Policy or Guiding Principle:Strategic Plan
Staff Summary (background):At their September 20,2012 meeting,Council voted to amend the Strategic
Plan Goals.However,the amended Strategic Plan Goals and Operational Priorities were not approved.Staff
is requesting formal adoption of the amended Strategic Plan Goals and Operational Priorities for FY12-13 as
shown on the attachment.
Risk Analysis (options or alternatives with implications):N/A
Fiscal Impact (initial and ongoing costs;budget status):FY12-13 budget,$31.4M
Budget Reference (page number):1-380
Funding Source:NA
If Multiple Funds utilized,list here:
Budgeted;if No,attach Budget Adjustment Form:Yes
Recommendation(s)by Board(s)or Commission(s):N/A
Staff Recommendation(s):Approve
List Attachment(s):Strategic Plan Goals and Operational Priorities for FY12-13
SUGGESTED MOTION (for council use):MOVE to approve the amended Strategic PlanGoalsand Operational
Priorities for FY12-13.
Approved:
Ken BuchananTTown Manager Date
Page 1 of 1
O
p
e
r
a
t
i
o
n
a
l
Pr
i
o
r
i
t
i
e
s
V
o
l
u
n
t
e
e
r
P
r
o
g
r
a
m
T
o
w
n
P
r
o
s
e
c
u
t
o
r
P
a
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
P
r
o
g
r
a
m
E
c
o
n
o
m
i
c
D
e
v
e
l
o
p
m
e
n
t
P
l
a
n
C
o
m
m
u
n
i
t
y
Pa
r
t
n
e
r
s
h
i
p
Fu
n
d
i
n
g
Po
l
i
c
y
F
o
u
n
t
a
i
n
L
a
k
e
I
G
A
F
i
r
e
S
t
a
t
i
o
n
#
2
2
0
1
2
/
1
3
St
r
a
t
e
g
i
c
Pl
a
n
Go
a
l
s
E
v
a
l
u
a
t
e
C
u
s
t
o
m
e
r
S
a
t
i
s
f
a
c
t
i
o
n
on
re
g
u
l
a
r
ba
s
i
s
/
F
o
s
t
e
r
ac
c
e
s
s
i
b
l
e
,
re
s
p
o
n
s
i
v
e
G
o
v
e
r
n
a
n
c
e
/
Su
p
p
o
r
t
Co
m
m
u
n
i
t
y
Ev
e
n
t
s
/
A
c
t
i
v
i
t
i
e
s
t
o
bu
i
l
d
Co
m
m
u
n
i
t
y
&
Fr
i
e
n
d
s
h
i
p
\
P
a
v
e
m
e
n
t
M
a
n
a
g
e
m
e
n
t
In
d
e
x
Pr
o
g
r
a
m
\Pr
o
v
i
d
e
in
t
e
r
c
o
n
n
e
c
t
e
d
,
mu
l
t
i
-
u
s
e
Tr
a
i
l
&
B
i
c
y
c
l
e
Sy
s
t
e
m
So
l
i
c
i
t
Pu
b
l
i
c
/
S
t
a
k
e
h
o
l
d
e
r
F
e
e
d
b
a
c
k
C
R
2
a
n
d
C
R
3
Ex
p
a
n
d
Vo
l
u
n
t
e
e
r
i
s
m
P
r
o
g
r
a
m
De
v
e
l
o
p
Ec
o
n
o
m
i
c
D
e
v
e
l
o
p
m
e
n
t
Pl
a
n
De
v
e
l
o
p
b
a
l
a
n
c
e
d
,
eq
u
i
t
a
b
l
e
,
su
s
t
a
i
n
a
b
l
e
,
lo
c
a
l
Fi
n
a
n
c
i
n
g
St
r
u
c
t
u
r
e
f
o
r
C
o
r
e
S
e
r
v
i
c
e
s
De
v
e
l
o
p
re
l
i
a
b
l
e
fu
n
d
i
n
g
s
o
u
r
c
e
f
o
r
i
n
f
r
a
s
t
r
u
c
t
u
r
e
m
a
i
n
t
e
n
a
n
c
e
C
o
m
m
u
n
i
c
a
t
e
t
h
e
R
o
l
e
o
f
Lo
c
a
l
G
o
v
e
r
n
m
e
n
t
C3 Genuinely solicit and consider public and stakeholder
feedback as part of the decision-making process.
Conduct a statistically valid citizen survey,correlating to the previous
statistically valid survey ($35,000 in Town Manager budget)See also
CR6
Staff to attend at least 12 meetings per year (one per month)with
community organizations,HOA's,etc.(nofiscal impact,however,
impact will be staff time)
Utilize telephone technology to make calls to citizens to inform them
of upcoming events,etc.
i
EV 1 Develop a comprehensive economic development
strategy for the Town's future and work with our
partners to forward economic growth and awareness.
Review the economic development plan annually and recommend revisions as
appropriate
EV 2 Develop and maintain a balanced,equitable,sustainable
and local financing structure to support the Town's core
government services at desired service levels.
Outreach to the community citizens regarding proposals that came from
the November toolbox retreat;highlight individual proposals during the
budget process;reemphasize sustainability
EV4 Promote retention,expansion and relocation of quality
businesses.
•Expand upon the outreach efforts in one of the targeted industry sectors
to encourage business locations which create new employment
opportunities and increase daytime population
•Utilize the trade area analysis to target recruitment efforts on those
businesses /business sectors identified
•Encourage the location of businesses along the Avenue that
complement and support the existing business base (fiscal impact
$42,000 -$8,000 (or ~19%)from the General Fund and $34,000 (or
~81%)from the Excise Tax Fund;a significant portion geographically falls
within the downtown area (the retail,office and "Avenue"initiatives)
I
2
Lo
w
e
r
t
h
e
re
l
i
a
n
c
e
o
n
s
t
a
t
e
r
e
v
e
n
u
e
s
b
y
d
e
v
e
l
o
p
i
n
g
alocally
co
n
t
r
o
l
l
e
d
,
re
l
i
a
b
l
e
fu
n
d
i
n
g
so
u
r
c
e
fo
r
in
f
r
a
s
t
r
u
c
t
u
r
e
m
a
i
n
t
e
n
a
n
c
e
.
Cr
e
a
t
e
an
In
f
r
a
s
t
r
u
c
t
u
r
e
m
a
i
n
t
e
n
a
n
c
e
fu
n
d
fo
r
fa
c
i
l
i
t
i
e
s
,
pa
r
k
s
andfire
-
n
o
ro
a
d
s
;
wo
u
l
d
re
q
u
i
r
e
in
i
t
i
a
l
ca
s
h
in
f
u
s
i
o
n
of
$
5
0
0
,
0
0
0
a
n
d
a
n
n
u
a
l
co
n
t
r
i
b
u
t
i
o
n
of
$2
7
5
,
0
0
0
fr
o
m
th
e
Ge
n
e
r
a
l
Fu
n
d
(
e
x
c
l
u
d
i
n
g
th
e
lake
li
n
e
r
an
d
pa
r
k
li
g
h
t
s
)
.
Se
l
l
as
s
e
t
s
th
a
t
ha
v
e
be
c
o
m
e
ex
p
e
n
s
i
v
e
to
ma
i
n
t
a
i
n
an
d
ha
v
e
l
i
m
i
t
e
d
f
u
t
u
r
e
v
a
l
u
e
CR 7 Communicate the role of local government and clearly
define the trade-offs between service levels and
amenities and the associated costs so residents can
make informed choices.
•Continue Citizens Academy
•Create a reader friendly budget report that citizens can understand
CR2 Discover,recognize and utilize the talents of our
citizens and use these assets to address community
needs.
CR3 Foster a culture of public service and volunteerism.
Advertise with a Request For Proposals for specific need or skillset that
a member of the community may have and want to offer services to the
Town
Foster a culture of public service and volunteerism through the annual
Make a Difference Day
.<£
t A I.V
AcYC
ftp*
^H
v **
&7
R2 Provide an interconnected,multi-use trail and bicycle
system that promotes active living,physical activity,
education and appreciation of our parks and natural
resources.
Coordinate and promote activities with McDowell Mountain Regional
Park
Coordinate with Tourism Bureau to promote Town trails and bicycle
system as part of active living,including a booth during the two fairs
New flyers distributed to valley sports stores
Promote FIT (Fountain Hills Interconnected Trails)
Urban Trails Plan,create a flyer for distribution,coordinate with
Tourism,create new Town webpage dedicated to healthy living,active
lifestyles;utilize FIT logo to promote trails,signage to mark FIT stations
I 3 Maintain a current condition assessment of all roadways
and sidewalks and prioritize and implement
maintenance efforts to minimize costly reconstruction.
Evaluate the post mortem on bond with the public,prepare new
strategy for recommendation
i i
C2 Support community events and activities that create
opportunities to build community and friendship.
Do more events;network with promoters (Tourism contract)
Coordinate calendars with McDowell Mountain Regional Park and
Tourism
CR
1
F
o
s
t
e
r
a
n
e
n
v
i
r
o
n
m
e
n
t
o
f
a
c
c
e
s
s
i
b
l
e
,
r
e
s
p
o
n
s
i
v
e
g
o
v
e
r
n
a
n
c
e
.
Ap
p
o
i
n
t
a
fo
r
m
a
l
O
m
b
u
d
s
m
a
n
(p
e
r
h
a
p
s
a
re
t
i
r
e
d
ju
d
g
e
so
th
e
y
are
im
p
a
r
t
i
a
l
)
CR 6 Evaluate customer satisfaction with Town services on a
regular basis and implement appropriate service
improvements.
Statistically valid customer satisfaction survey ($35,000 fiscal impact,
using prior asa baseline);consider survey at least once every three years
See also C3
Develop customer service performance measures utilizing the ICMA
standards
OPERATIONAL PLAN
COUNCIL PRIORITIES FOR FY12-13
(Established at Council/Staff Retreat on August 23,2012)
1.Pavement Management Program
2.Economic Development Plan
3.Fountain Lake (IGA)
4.Community Partnership Funding Policy
5.Fire Station #2
6.Town Prosecutor
7.Volunteer Program
Page lof5
STRATEGIC PLAN 2010
COUNCIL GOALS AND INITIATIVES FOR FY12-13
(Established at Council Retreat on January 26,2012)
A.Active Goals and Initiatives
C3 Genuinely solicit and consider public and stakeholder feedback as part of the decision-making process.
Conduct a statistically validcitizensurvey,correlating to the previous statistically valid survey ($35,000 in
Town Manager budget)Seealso CR6
Staff to attend at least 12 meetings per year (one per month)with community organizations,HOA's,etc.(no
fiscal impact,however,impact willbe staff time)
Utilize telephone technology to make callsto citizens to inform them of upcoming events,etc.
EV1 Develop a comprehensive economic development strategy for the Town's future and work with our
partners to forward economic growth and awareness.
Review the economic development plan annually and recommend revisions as appropriate
EV2 Develop and maintain a balanced,equitable,sustainable and local financing structure to support the
Town'score government servicesatdesiredservicelevels.
Outreach to the community citizens regarding proposals that came from the November toolbox retreat;
highlight individual proposals during the budget process;reemphasize sustainability
EV4 Promote retention,expansion and relocation of quality businesses.
Expand upon the outreach efforts in one of the targeted industry sectors to encourage business locations
which create new employment opportunities and increase daytime population
Utilize the trade area analysisto target recruitment efforts on those businesses /business sectors identified
Encourage the location of businesses along the Avenue that complement and support the existing business
base (fiscal impact$42,000-$8,000(or ~19%)fromtheGeneralFundand$34,000(or ~81%)fromthe
ExciseTaxFund;a significant portion geographically fallswithin the downtown area (theretail,officeand
"Avenue"initiatives)
Page 2 of 5
I 2 Lower the reliance on state revenues by developing a locally controlled,reliable funding source for
infrastructure maintenance.
Create an Infrastructure maintenance fund for facilities,parks and fire-no roads;would require initialcash
infusionof $500,000 and annual contribution of $275,000 from the General Fund(excluding the lakeliner
and parklights).
Sell assets that have become expensive to maintain and have limited future value
CR7 Communicate the role of local government and clearly define the trade-offs between service levels and
amenitiesandtheassociatedcostssoresidentscanmakeinformedchoices.
Continue Citizens Academy
Create a reader friendly budget report that citizens can understand
CR2 Discover,recognize and utilize the talents of our citizens and use these assets to address community
needs.
CR 3 Foster acultureof public serviceand volunteerism.
Advertise witha Request For Proposals for specific need or skillset that a member of the community may
have and want to offer services to the Town
Foster a culture of public service and volunteerism through the annual Makea Difference Day
R2 Provide an interconnected,multi-use trail and bicycle system that promotes active living,physical
activity,education and appreciation of our parks and natural resources.
Coordinate and promote activities with McDowell Mountain Regional Park
Coordinate with Tourism Bureau to promote Town trails and bicycle system as part of active living,including
a booth during the two fairs
•Newflyers distributed tovalley sports stores
Promote FIT (Fountain Hills Interconnected Trails)
Urban Trails Plan,create a flyer for distribution,coordinate with Tourism,create new Town webpage
dedicated to healthy living,active lifestyles;utilize FIT logoto promote trails,signage tomark FIT stations
I 3 Maintain a current condition assessment of all roadways and sidewalks and prioritize and implement
maintenance efforts to minimize costly reconstruction.
Evaluate the post mortem on bond with the public,prepare new strategy for recommendation
C2 Support community events and activities that create opportunities tobuild community and friendship.
Do more events;network with promoters (Tourism contract)
Coordinate calendars with McDowell Mountain Regional Park and Tourism
Page 3 of 5
CR1 Foster an environment of accessible,responsive governance.
•Appointaformal Ombudsman (perhaps a retired judge so they are impartial)
CR6 Evaluate customer satisfaction with Town services on a regular basis and implement appropriate service
improvements.
•Statistically valid customer satisfaction survey ($35,000 fiscal impact,usingpriorasa baseline);consider
survey at least once every three years See also C3
•Develop customer service performance measures utilizing the ICMA standards
Page 4 of 5
B.Inactive Goals and Initiatives
(accomplished via alternative methods,abandoned or delayed)
C3 Genuinely solicit and consider public and stakeholder feedback as part of the decision-making process.
Create a budget committee includingtwo members of the public (possible graduate of citizen's academy),
solicited through volunteer program (nofiscal impact,however,impact willbe staff time)
EV 2Developand maintain a balanced,equitable,sustainable andlocalfinancing structure to support the
Town's core government services at desired service levels.
Support Chaparral City Water with franchise election in Spring 2013
Continue to work with partners and legislators on the creation of a Public Safety District
Consider apublic safety feeonall property owners (similar to Paradise Valley)
CR 7 Communicate the roleoflocal government and clearly define the trade-offs between service levels and
amenities and the associated costs so residents can make informed choices.
SPAC recommendation:"Create a sense of urgency regarding the importance of residents and businesses
taking responsibility to financially participate in the Town's infrastructure maintenance and provision of
basic services to protect home,land and property values."
Introduce the idea ofa property firefeeto cover the cost offire and EMS protection
Other SPAC Recommendations and proposed initiatives (those not included in above)
EV4 Promote retention,expansion and relocation of quality businesses.
Move forward with strategy development for the two other target industry sectors for employment
expansion:"health care and social assistance",and "finance and insurance".
EV6 Identify a slate of economic development tools and strategies (including tax incentives,fee abatements,
etc.)to stimulate economic growth.
ELC5 Encourage access to higher learning opportunities or the establishment of an educational or training
campus within our community.
Other Public Safety
Propose bond issue for fire station
19 Builda protected fund to finance the major periodic maintenance of community facilities.
Page 5 of 5
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:10/4/2012 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Community Services
Staff Contact Information:MarkC.Mayer-(480)816-5190 /mmayer@fh.az.gov
Council Goal:
Strategic Values:Education,Learning,and Culture Promote Town as visitor destination
REQUESTTOCOUNCIL (Agenda Language):Consideration of Accepting and Approving the placement ofa sculpture
titled,"More than Words"in the Centennial Circle.
Applicant:N/A
Applicant Contact Information:N/A
Property Location:
Related Ordinance,Policy or Guiding Principle:Public Art Master Plan
Staff Summary (background):The PublicArt Committee is requesting the the Town agree to place thisitemin
the Centennial Circle.The bronze piece is valued at $20,000 and isbeing donated byTony and Sally
Atchinson.The sculptor is Greg Todd of Greely,Co.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs;budget status):Based on a cost of $20,000 at $.43 /$100 of value
the insurance cost would be $86.00 annually.
Budget Reference (page number):N/A
Funding Source:NA
If Multiple Funds utilized,listhere:N/A
Budgeted;ifNo,attach Budget Adjustment Form:na
Recommendation(s)by Board(s)or Commission(s):N/A
Staff Recommendation(s):Staff is recommending acceptance of the sculpture and its placement as
requested
List Attachment(s):Letter from Public Art Committee Chair Sandi Thompson,picture of the sculpture,and a
site map of the proposed location
SUGGESTED MOTION (for council use):Motion to Accept and Approve placing a sculpture titled,"More than
Words"in the Centennial Circle
Page 1 ol 2
Prepared by:
NA 9/18/2012
Director's Approval:
1\^^_£X_^Oj \V_^__
MarkMayer,Community Services Director w 9/18/2012
Ken BuchanarrTown ManaManager 9/26/2012
Page 2of2
FOUNTAIN HILLS CULTURAL &
CIVIC ASSOCIATION
Post Office Box 1 8254
Fountain Hills,AZ 85269
September 11,2012
Mayor and Town Council
Town of Fountain Hills
Fountain Hills,AZ 85268
Dear Ladies &Gentlemen,
The Public Art Committee of the Fountain Hills Cultural &Civic Association would like to
proposethe acquisition of a bronze sculpture entitled "More than Words"byartistGregToddfrom
Greely,CO.Itis approximately 40"highx34"widex42"inlength.
Thispiecehasagallerypriceof$20,000,but we havenegotiatedanacquisitionpriceof
$14,000.Itis being donated by Tony &Sally Atchinson.
The suggested locationfortheworkisinthe Centennial Circle.This acquisition hasbeen
approvedbytheBoardofDirectorsoftheFountainHillsCultural&CivicAssociation.
Aphotoofthisworkhasbeensenttoyouina separate email.
Very Truly Yours,
Sa/tdi Sr/utm/76cvi
Sandi Thompson
Chair.Public Art Committee
•D-
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:10/4/2012 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Community Services
Staff Contact Information:MarkC.Mayer -(480)816-5190 /mmayer@fh.az.gov
Council Goal:
Strategic Values:Education,Learning,and Culture Promote Town as visitor destination
REQUEST TO COUNCIL (Agenda Language):ConsiderationofAcceptingandApprovingtheplacementofasculpture
titled."Second StoryView"in Fountain Park.
Applicant:N/A
Applicant Contact Information:N/A
Property Location:N/A
Related Ordinance,Policy or Guiding Principle:Public Art Master Plan
Staff Summary (background):The Public Art Committee is requesting that the Town agree to place thisitem
in Fountain Park.The bronze piece is valued at $3,700.The sculptor of the piece is Jeff Bates fromFruita,
CO.
The piece is being purchased and donated by the Fountain Hills Cultural and Civic Association.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs;budget status):Based ona cost of $3,700 at $.43 /$100 of value the
insurance cost would be $15.91 annually.
Budget Reference (page number):N/A
Funding Source:NA
If Multiple Funds utilized,listhere:N/A
Budgeted;ifNo,attach Budget Adjustment Form:NA
Recommendation(s)by Board(s)or Commission(s):N/A
Staff Recommendation(s):Staff is recommending acceptance of the sculpture and its placement as
requested
List Attachment(s):Letter from Public Art Committee Chair Sandi Thompson,picture of the sculpture,and a
site map of the proposed location
SUGGESTED MOTION (for council use):Motion to Accept and Approve placing a sculpture titled,"Second Story
View"for placement in Fountain Park
Page 1of2
Prepared by:
NA
Director's Approval:
Mark Mayer/Community Services DirectX
Approved:r~~\
Ken Buchanan,Town Manager
9/18/2012
9/18/2012
9/26/2012
Pase 2 of 2
FOUNTAIN HILLS CULTURAL &
CIVIC ASSOCIATION
Post Office Box 1 8254
Fountain Hills,AZ 85269
September 11,2012
Mayor and Town Council
Town of Fountain Hills
Fountain Hills,AZ 85268
Dear Ladies &Gentlemen,
The Public Art Committee of the Fountain Hills Cultural &Civic Association would like to
propose the acquisition of a bronze sculpture entitled "Second StoryView"by artist Jeff Bates from
Fruita.CO.Itis approximately 16 feet tall andwillneeda4'x 4'base,3or4 inches thick.
Thispiecehasa gallery price of $3700 butwehave negotiated an acquisition priceof$3000.It
isbeing purchased byFH Cultural &Civic Association.
The suggested location fortheworkisin Fountain Park near the playground.This acquisition
hasbeen approved bythe Board of Directors of the Fountain Hills Cultural &Civic Association.
A photo of this work has been sent to you ina separate email.
Very Truly Yours,
Sa/idl STfiampatvi
Sandi Thompson
Chair.Public Art Committee
«^_
S2
FOUNTAIN HILLS BLVD
PERFORMANCE PAD
SHEA BLVD
FOUNTAIN PARK
12925 N SAGUARO BLVD
ACTIVITY AREAS
PLAYGROUND ACTIVITY AREA
ROTARY SPLASH PAD
GREAT LAWN
ISLAND VISTA
PERFORMANCE PAD
SHADED HILLS
RED YUCCA LAWN
GOLDEN BARREL LAWN
VETERAN'S MEMORIAL
ALL RAM ADAS HAVE:
LIGHTS
ELECTRICAL OUTLETS
2 STANDARD TABLES
1 HANDICAP TABLE
1 BARBQUE
Built in 1970,Fountain Hills World Famous Fountain draws
from a 33 acre,million gallon lake and reaches a height
of 330 ft.withtwo pumps for 15 minutes on the hour
from 9am to 9pm daily.On special occasions the fountain
can attain 560 ft.withall three pumps running.In the
event winds exceed 10 mph the fountain will automatically
shut—down.
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:10/4/2012 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Community Services
Staff Contact Information:MarkC.Mayer-(480)816-5190 /mmayer@fh.az.gov
Council Goal:
Strategic Values:Education,Learning,and Culture Promote Town as visitor destination
REQUESTTO COUNCIL (Agenda Language):Consideration of Accepting and Approving the placement ofa sculpture
titled,"Emma's Garden"in Fountain Park.
Applicant:N/A
Applicant Contact Information:N/A
Property Location:N/A
Related Ordinance,Policy or Guiding Principle:Public Art Master Plan
Staff Summary (background):The PublicArt Committee is requesting thattheTown agree to place thisitem
inFountainPark.The bronze piece is valued at $11,500 butisbeingsoldfor $7,500.Afamilyisdonating
$5,000 in remembrance ofalocal resident that passed away and the balance of $2,500 is requested to come
from the PublicArtFund.There are sufficient funds in the PublicAtFundto cover this expense.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs;budget status):Based ona cost of $11,500 at $.43 /$100 of value
the annual insurance cost would be $49.45.
Budget Reference (page number):N/A
Funding Source:NA
If Multiple Funds utilized,listhere:N/A
Budgeted;if No,attach Budget Adjustment Form:na
Recommendation(s)by Board(s)or Commission(s):N/A
Staff Recommendation(s):Staff is recommending acceptance of the sculpture and its placement as
requested
List Attachment(s):Letter from Public Art Committee Chair Sandi Thompson,picture of the sculpture and a
site map of the proposed location
SUGGESTED MOTION (for Council use):Motion to Accept and Approve placing a sculpture titled,"Emma's
Garden"in Fountain Park with partial funding of $2,500 to come from the Public Art Fund.
Page 1of2
Prepared by:
NA
Director's Approval:
MarkMayer,Community Services Director
Approved:proved:s~~*\
O-'^vP1-*^'""*
Ken Buchanan,Town Manager
9/18/2012
9/18/2012
9/26/2012
Pane 2 of 2
FOUNTAIN HILLS CULTURAL &
CIVIC ASSOCIATION
Post Office Box 1 8254
Fountain Hills,AZ 85269
September 11.2012
Mayor and Town Council
Town of Fountain Hills
Fountain Hills,AZ 85268
Dear Ladies &Gentlemen,
The Public Art Committee of the Fountain Hills Cultural &Civic Association would like to
propose the acquisition of a bronze sculpture entitled "Emma's Garden"by artist Scott Streadbeck
from Alpine.UT.Itis approximately 34"tallx18"wide x 24"deep andis recommended tositona
36"pedestal.
Thispiecehasa gallery price of $11,500,butwehave negotiated an acquisition priceof
$7,500.$5,000isbeingdonatedbythe family ofa local residentwho passed away.We will add$2500 from
our public artfund.
The suggested location fortheworkisin Fountain Park.This acquisition hasbeen approved by
the Board of Directors of the Fountain Hills Cultural &Civic Association.
Aphoto of thisworkhasbeen sent toyouina separate email.
Very Truly Yours,
Scmdi tT&impjo/i
Sandi Thompson
Chair,Public Art Committee
F
O
U
N
T
A
I
N
H
I
L
L
S
B
L
V
D
i
F
O
U
N
T
A
I
N
P
A
R
K
1
2
9
2
5
N
S
A
G
U
A
R
O
BL
V
D
A
C
T
I
V
I
T
Y
A
R
E
A
S
T)
PL
A
Y
G
R
O
U
N
D
AC
T
I
V
I
T
Y
AR
E
A
2
)
RO
T
A
R
Y
SP
L
A
S
H
PA
D
?)
GR
E
A
T
LA
W
N
7)
IS
L
A
N
D
VIS
T
A
"S
)
PE
R
F
O
R
M
A
N
C
E
PA
D
6
)
SH
A
D
E
D
HI
L
L
S
7)
RE
D
YU
C
C
A
LA
W
N
?)
GO
L
D
E
N
BA
R
R
E
L
LA
W
N
9
)
VE
T
E
R
A
N
'
S
ME
M
O
R
I
A
L
A
L
L
R
A
M
A
D
A
S
H
A
V
E
:
L
I
G
H
T
S
E
L
E
C
T
R
I
C
A
L
O
U
T
L
E
T
S
2
S
T
A
N
D
A
R
D
T
A
B
L
E
S
1
H
A
N
D
I
C
A
P
T
A
B
L
E
1
BA
R
B
Q
U
E
B
u
i
l
t
In
1
9
7
0
,
F
o
u
n
t
a
i
n
Hi
l
l
s
W
o
r
l
d
F
a
m
o
u
s
F
o
u
n
t
a
i
n
d
r
a
w
s
fr
o
m
a
3
3
ac
r
e
,
mi
l
l
i
o
n
ga
l
l
o
n
la
k
e
a
n
d
r
e
a
c
h
e
s
a
he
i
g
h
t
of
3
3
0
ft
.
w
i
t
h
t
w
o
p
u
m
p
s
fo
r
15
m
i
n
u
t
e
s
on
th
e
ho
u
r
fr
o
m
9
a
m
t
o
9
p
m
da
i
l
y
.
On
sp
e
c
i
a
l
o
c
c
a
s
i
o
n
s
t
h
e
fo
u
n
t
a
i
n
c
a
n
a
t
t
a
i
n
5
6
0
ft
.
w
i
t
h
a
l
l
t
h
r
e
e
p
u
m
p
s
ru
n
n
i
n
g
.
In
th
e
e
v
e
n
t
wi
n
d
s
ex
c
e
e
d
1
0
m
p
h
t
h
e
fo
u
n
t
a
i
n
wi
l
l
au
t
o
m
a
t
i
c
a
l
l
y
s
h
u
t
—
d
o
w
n
.
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
MeetingDate:10/4/2012 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Development Services
Staff Contact Information:Bob Rodgers,Senior Planner (480)816-5138 rrodgers@fh.az.gov
Strategic Values:Education,Learning,and Culture Council Goal:Position arts/culture as economic drivers
REQUEST TO COUNCIL (Agenda Language):
PUBLIC HEARING of a TEXT AMENDMENT to amend Section 19.05-PublicArt Requirements of theZoning
Ordinance.Ifadopted,theamendmentwouldrevisetheoptionsfordeveloperdonationstothePublicArtFundtorequire
thatsuch donations bemadeatthetime of the Building Permit issuance rather thanatthetime of Certificate of Occupancy
issuance.ORD #12-04
CONSIDERATION of a TEXT AMENDMENT to amend Section 19.05-PublicArt Requirements of the Zoning
Ordinance.Ifadopted,theamendmentwouldrevisetheoptionsfor developer donationstothePublicArtFundtorequire
thatsuchdonationsbemadeatthetime of theBuildingPermitissuanceratherthanatthetime of CertificateofOccupancy
issuance.ORD #12-04
Applicant:The Town of Fountain Hills
Applicant Contact Information:Planning&Zoning Division -Robert Rodgers,Senior Planner
Property Location:N/A
Related Ordinance,Policy or Guiding Principle:
Fountain Hills Zoning Ordinance Chapter 2-Section 2.04 -Concept PlanReview
Fountain Hills Zoning Ordinance Chapter 18-Section 19.05 -PublicArt Requirements
Staff Summary (background):
TherequirementthatPublicArtcontributionsbemadeatthetimeofOccupancyPermitapprovalfor
Commercial,Industrial,orMulti-Family development projects has proven tobe problematic for the Building
Safety Division over the past few years.
On occasion,Building Division staff has hadtohold back Certificates of Occupancy afterabuilding has been
constructed due to the applicant's nothavingmet the publicart requirement.Additionally,this requirement has
occasionallyslippedthroughthecracksandCertificatesof Occupancy have been issued inerrorduetothe
current permit tracking software's inabilitytoflagthis requirement in the system.
Astheresponsibilityforcollectingthepublicart donations rests withthe Building Safety Division,theyhave
requested thattheordinancebe amended torequirethatthedonations(either cash or,asanactualartpiece)
be made at the time the Building Permit is issued.
Page 1of2
Ifa cash donation is made,ora piece ofartis donated,and abuilding permit is issued butno construction is
initiated,mechanisms have been included to note that such contributions will be refundable should the project
failto develop.
Risk Analysis (options or alternatives with implications):
Approval of this proposal will change the time for the collection of development related public art donations to
the time ofBuilding Permit issuance.Denial of this amendment will keep the collection of development related
publicart donations to the time of Certificate of Occupancy issuance.
Fiscal Impact (initial and ongoing costs;budget status):N/A
Budget Reference (page number):N/A
Funding Source:N/A
If Multiple Funds utilized,list here:N/A
Budgeted;if No,attach Budget Adjustment Form:NA
Recommendation(s)by Board(s)or Commission(s):
The Planning &Zoning Commission initiated this proposed zoning amendment at their May24,2012 regular
meeting.The Commission voted at their September 13,2012 meeting to recommend approval of this
amendment.
Staff Recommendation(s):
Staff recommends that the Town Council approve the proposed Public Art zoning ordinance text amendment
as presented.
Attachment(s):
Ordinance #12-04
P&Z Commission Meeting Minutes of 9/13/2012
E-Mail from Chair of the Public Art Committee dated 6/25/2012
SUGGESTED MOTION (for Council use):
Moveto approve the Text Amendment to Section 19.05 -Public Art Requirements of the Zoning Ordinance as
presented.
Prepared by:
(%p6ert (Rpcfge
Robert Rodgers,Senior Planner 9/25/2012
Director's Approval:
Paul Mood,Development Services Director
9/25/2012
Approved:
lanan,TownTVlanaqer 9/26/2CKenBuchanan,Town Manager 9/26/2012
Page 2 of2
ORDINANCENO.12-04
ANORDINANCEOFTHHMAYORANDCOUNCILOFTHETOWNOF
FOUNTAINHILLS.ARIZONA.AMENDINGTHETOWNOFFOUNTAIN
HILLSZONINGORDINANCE.CHAPTER19.SECTION19.05.BY
REVISINGTHEPROVISIONSRELATEDTOPUBLICARTDONATIONS.
WHEREAS,theMayorandCounciloftheTownofFountainHills(the'Town
001111011")approvedOrdinanceNo.93-22.whichadoptedtheZoningOrdinancefortheTownof
FountainHills(the"ZoningOrdinance");and
WHEREAS,theTownCouncildesirestoamendtheZoningOrdinancetoreviseChapter
19(ArchitecturalReviewGuidelines),Section19.05(Landscaping&Signage)torevisethe
proceduresfordeveloperdonationstothePublicArtFund:and
WHEREAS,inaccordancewiththeZoningOrdinanceandpursuanttoAriz.Riv.Stat.
§9-462.04,publichearingsregardingthesubjectmatterofthisordinancewereadvertisedinthe
August22,2012andAugust29,2012editionsoftheFountainHillsTimes;and
WHEREAS,publichearingswereheldbytheFountainHillsPlanningandZoning
CommissiononSeptember13,2012,andbytheTownCouncilonOctober4,2012.
NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCOUNCILOF
THETOWNOFFOUNTAINHILLSasfollows:
SECTIONI.Therecitalsaboveareherebyincorporatedasiffullysetforthherein.
SECTION2.TheTownofFountainHillsZoningOrdinance.Chapter19(Architectural
ReviewGuidelines),Section19.05(Landscaping&Signage).SubsectionI(PublicArt
Requirement)isherebyamendedasfollows:
I.PublicArtRequirement:
1.AlldevelopmentproposalssubjecttoDesignCONCEPTPLANREVIEWunder
thisChaptershallberequiredtoprovideoneofthefollowingpriortotheissuance
ofaCertificateofOccupancyBUILDINGPERMIT:
a.Exteriorpublicartofanappraisedorinvoicedvalueequaltoorgreaterthan
1%ofthecostofbuildingconstructionandassociatedsiteworkandsignage.
Waterfeaturesusingrecycledwaterarepreferred:or
b.AdonationtotheFountainHillsPublicArtFundinanamountequaltoor
greaterthan1%ofthecostofbuildingconstructionandassociatedsitework
andsiunauc.
17587M.7
ORDINANCE NO.12-04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA.AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE,CHAPTER 19,SECTION 19.05,BY
REVISING THE PROVISIONS RELATED TO PUBLIC ART DONATIONS.
WHEREAS,theMayorandCouncil of theTown of FountainHills(the "Town
Council")approved Ordinance No.93-22.which adopted the Zoning Ordinance for the Town of
FountainHills(the "Zoning Ordinance");and
WHEREAS,theTownCouncildesirestoamendtheZoningOrdinancetoreviseChapter
19 (Architectural Review Guidelines),Section 19.05 (Landscaping &Signage)to revise the
proceduresfordeveloperdonationstothePublicArtFund;and
WHEREAS,in accordance withtheZoning Ordinance andpursuantto Ariz.Rly.Stat.
§9-462.04,publichearingsregardingthe subject matterofthisordinancewereadvertisedinthe
August22,2012 andAugust 29.2012 editionsofthe Fountain HillsTimes;and
WHEREAS,public hearings were held bythe Fountain Hills Planning and Zoning
CommissiononSeptember 13,2012,andbytheTownCouncilonOctober4,2012.
NOW,THEREFORE,BEIT ORDAINED BYTHEMAYORANDCOUNCILOF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION I.Therecitalsaboveareherebyincorporatedasiffullysetforthherein.
SECTION2.TheTown of FountainHillsZoningOrdinance.Chapter 19 (Architectural
ReviewGuidelines),Section 19.05 (Landscaping&Signage),Subsection I (PublicArt
Requirement)isherebyamendedasfollows:
I.Public Art Requirement:
1.All development proposals subject to Design CONCEPT PLAN REVIEW under
this Chapter shall be required to provide oneofthe following prior tothe issuance
of a Certificate of Occupancy BUILDING PERMIT:
a.Exterior public artofan appraised or invoiced value equal toor greater than
1%ofthecostof building construction and associated site work and signage.
Waterfeaturesusingrecycledwaterarepreferred;or
b.A donation tothe Fountain Hills Public Art Fund inan amount equal toor
greater than 1%of the cost of building construction and associated site work
and signage.
1758761.7
^~M.
2.ThevalueofconstructioncostswillbedeterminedbytheTownusingstandard
valuationproceduresatthetimeofapplication.
3.ApplicantsareencouragedtomeetwiththeFountainHillsCulturalCouncil
PUBLICARTCOMMITTEEforrecommendationswhenconsideringexterior
publicartselections.
4.ANAPPLICANTMAYBEENTITLEDTOAREFUNDOFTHEMONETARY
DONATIONORTHERETURNOFTHEEXTERIORPIECEOFART
SUBJECTTOTHEFOLLOWING:
a.ANAPPLICANTWHOHASMADEAMONETARYPUBLICART
DONATIONFORABUILDINGCONSTRUCTION,FORWHICHA
BUILDINGPERMITHASBEENISSUEDBUTCONSTRUCTIONHAS
NOTBEENINITIATED,SHALLBEELIGIBLEFORAREFUND.
REQUESTSFORAREFUNDSHALLBEMADEONAFORM
PROVIDEDBYTHETOWNFORSUCHPURPOSES.ANAPPLICATION
FORAREFUNDMUSTBEMADEWITHIN60DAYSFOLLOWINGTHE
EXPIRATIONORREVOCATIONOFTHEBUILDINGPERMIT.THE
APPLICANTSHALLSUBMITWITHTHEAPPLICATION(I)THE
AMOUNTOFTHEDONATIONPAIDBYTHEAPPLICANT,(II)
RECEIPTSEVIDENCINGSUCHPAYMENTSAND(III)
DOCUMENTATIONEVIDENCINGTHEEXPIRATIONOR
REVOCATIONOFTHEBUILDINGPERMIT.FAILURETOAPPLYFOR
AREFUNDWITHIN60DAYSFOLLOWINGTHEEXPIRATIONOR
REVOCATIONOFTHEBUILDINGPERMITSHALLCONSTITUTEA
WAIVEROFTHERIGHTTOAREFUND.UPONRECEIPTOFA
COMPLETEAPPLICATION,THETOWNMANAGERORAUTHORIZED
DESIGNEESHALLREVIEWTHEREQUESTANDDETERMINE
WHETHERAREFUNDISDUE.AREFUNDSHALLBEPAIDUPON
AFFIRMATIVEDETERMINATIONBYTHETOWNMANAGEROR
AUTHORIZEDDESIGNEE.
B.ANAPPLICANTWHOHASMADEAPUBLICARTDONATIONINTHE
FORMOFANEXTERIORPIECEOFART,FORABUILDING
CONSTRUCTION.FORWHICHABUILDINGPERMITHASBEEN
ISSUEDBUTWHICHCONSTRUCTIONHASNOTBEENINITIATED
SHALLBEENTITLEDTOTHERETURNOFTHEEXTERIORPIECEOF
ARTDONATED.REQUESTSFORRETURNSHALLBEMADEONA
FORMPROVIDEDBYTHETOWNFORSUCHPURPOSES.AN
APPLICATIONFORARETURNMUSTBEMADEWITHIN60DAYS
FOLLOWINGTHEEXPIRATIONORREVOCATIONOFTHE
BUILDINGPERMIT.THEAPPLICANTSHALLSUBMITWITHTHE
APPLICATION(I)THEDESCRIPTIONOFTHEEXTERIORPIECEOF
ART.(II)DOCUMENTATIONEVIDENCINGTHEAPPLICANT'S
DONATIONOFTHEEXTERIORPIECEOFARTTOTHETOWNAND
(Ill)DOCUMENTATIONEVIDENCINGTHEEXPIRATIONOR
REVOCATIONOFTHEBUILDINGPERMIT.FAILURETOREQUESTA
RETURNOFTHEEXTERIORPIECEORARTWITHIN60DAYS
FOLLOWINGTHEEXPIRATIONORREVOCATIONOFTHE
BUILDINGPERMITSHALLCONSTITUTEAWAIVEROFTHERIGHT
TORETURNANDTHEEXTERIORPIECEOFARTSHALLBE
DEEMEDPROPERTYOFTHETOWN.UPONRECEIPTOFA
COMPLETEAPPLICATION.THETOWNMANAGERORAUTHORIZED
DESIGNEESHALLDETERMINEWHETHERRETURNISDUE.THE
TOWNSHALLRETURNEXTERIORPIECEOFARTTOTHE
APPLICANTFOLLOWINGANAFFIRMATIVEDETERMINATIONBY
THETOWNMANAGERORAUTHORIZEDDESIGNEE.
c.ANADMINISTRATIVEFEE.INANAMOUNTDETERMINEDBYTHE
TOWNCOUNCILSHALLBEPAIDATTHETIMEOFTHE
APPLICATIONTOOFFSETTHEADMINISTRATIVEEXPENSE
ASSOCIATEDWITHPROCESSINGTHEAPPLICATION.
SECTION3.Ifanysection,subsection,sentence,clause,phraseorportionofthis
Ordinanceisforanyreasonheldtobeinvalidorunconstitutionalbythedecisionofanycourtof
competentjurisdiction,suchdecisionshallnotaffectthevalidityoftheremainingportionsof
thisOrdinance.
SECTION4.TheMayor,theTownManager,theTownClerkandtheTownAttorney
archerebyauthorizedanddirectedtoexecutealldocumentsandtakeallstepsnecessarytocarry
outthepurposeandintentofthisOrdinance.
PASSEDANDADOPTEDbytheMayorandCounciloftheTownofFountainHills,
October4,2012.
FORTHETOWNOFFOUNTAINHILLS:ATTESTEDTO:
LindaM.Kavanagh,MayorBevelynJ.Bender,TownClerk
REVIEWEDBY:APPROVEDASTOFORM:
KennethW.Buchanan,TownManagerAndrew.1.McGuirc,TownAttorney
|7>S7<>
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
PLANNING &ZONING COMMISSION
SEPTEMBER 13,2012
ChairmanLloydPewopenedthesession of the Planning andZoning Commission at6:30p.m.
Thefollowing Commissioners werepresent:Chairman LloydPew,Vice-Chairman Angela
Strohan,Commissioners Richard Turner and Gene Slechta,[andone open Commissioner's seat].
Alsoin attendance were Robert Rodgers Senior Planner,and Janice Baxter Executive Assistant
and Recorder of the Minutes.Commissioner Mike Archambault could not attend due to a
familyillnessandCommissionerStanConnickwasnotabletoattendduetootherobligations.
Commissioner Archambault and Commissioner Stan Connick were unable to contact staff in
advance.
ChairmanLloydPewrequestedparticipationinthePledge of Allegianceandamoment of silent
reflection.
ROLL CALL:
Chairman Lloyd Pew present
Commissioner Angela Strohan present
Commissioner Richard Turner present
Commissioner Gene Slechta present
Commissioner Stan Connick absent
Commissioner Mike Archambault absent
One Open Seat
CALL TO THE PUBLIC
No one wished to speak.
REGULAR AGENDA
AGENDA ITEM #1-CONSIDERATION of APPROVING the Regular Session meeting
minutes of the Planning andZoning Commission fromThursday,July 12,2012.
Vice-Chairman Angela Strohan MOVED to APPROVE the regular session meeting minutes for
the Planning and Zoning Commission dated July12,2012.Commissioner Gene Slechta
SECONDED.Aroll call was taken and the MOTION CARRIED 4-0,by those present.
Commissioner Richard Turner aye
Chairman Lloyd Pew aye
Commissioner Angela Strohan aye
Page1 of9
Commissioner Gene Slechta aye
AGENDA ITEM #2 -PUBLIC HEARING of a TEXT AMENDMENT to amend Section
19.05-PublicArtRequirements of theZoningOrdinance.If adopted,theamendmentwould
revisetheoptionsfordeveloperdonationstothePublicArtFundtorequirethatsuchdonations
bemadeatthetime of the Building Permitissuanceratherthanatthetime of Certificate of
Occupancyissuance.Case Number 2012-02;Ordinance 2012-04.
RobertRodgersSeniorPlannergavethepresentationandpointedoutthatthiswasthesecond
timetheCommissionhadbeenpresentedwiththisordinance.Mr.Rodgersexplainedthatthis
ordinance amendment was proposed duetoarequestfromthe Building SafetyDivisionwhois
responsible fortheinitialcollectionofthepublicartfee.Mr.Rodgersaddedthatthepublicart
contributions weremadeatthetime of occupancy permit approval for commercial,industrial,or
multi-familydevelopmentprojects.Hestressedthat staff hashadtoholdbackcertificates of
occupancyafterabuildinghadbeenconstructedduetothe applicant's nothavingmetthepublic
artrequirementandthattenantswereoccasionallyallowedtooccupycompletedspacesbythe
propertyownersbeforethecertificateofoccupancywasissued.Staffhasexpressedthatthis
requirementhasoccasionallyslippedthroughthecracks and certificates of occupancyhavebeen
issuedinerrorduetothecurrentpermittracking software's inabilitytoflagthisrequirementin
the system.
Mr.Rodgersstatedthat if thisamendmentwasapproved,theadministrativeprocesswouldbe
similartothecurrentprocessexceptthatthecollecting of theartfeewouldoccuratthe
beginning ratherthanattheend.Mr.Rodgerspointedoutthatattherequest of the Commission
inthepreviouspublichearing;amechanismhadbeenincludedtoallowforreimbursementof
anydonatedfundsorartworkintheevent of the project's failuretobeginconstructionforsome
reason.AttheMay24,2012,regularmeeting,theCommissioninitiatedthisproposedzoning
amendmentandvotedattheirJune28,2012,publichearingtorecommendapprovalsubjectto
including a refund provision.
Staff recommended thatthe Planning andZoning Commission forwarda recommendation tothe
TownCounciltoapprovethepublicartzoningordinancetextamendment,aspresented.
Public Hearing Opened at6:34p.m.
Noonewishedtospeakonthis amendment.
Public Hearing Closed at 6:34 p.m.
AGENDA ITEM #3 -CONSIDERATION of a TEXT AMENDMENT to amend Section
19.05-PublicArt Requirements of theZoning Ordinance.Ifadopted,the amendment would
revise theoptionsfordeveloper donations tothePublicArtFundtorequirethatsuch donations
bemadeatthetime of theBuildingPermitissuanceratherthanatthetime of Certificate of
Occupancyissuance.CaseNumber 2012-02;Ordinance 2012-04.
Page2 of9
ChairmanLloydPewaskedforquestionsordiscussionsfromthe Commissioners.Noone
requested tospeak.
Chairman LloydPewmadea MOTION to forward a recommendation totheTown Council to
APPROVE thetext amendments totheZoning Ordinance,as presented and Commissioner
Richard Turner SECONDED.The MOTION passed 4-0,bythose present.
AGENDA ITEM #4-PUBLIC HEARING of a TEXT AMENDMENTS of the Zoning
Ordinance toamendChapters12.16.and18.Ifadopted,theamendmentswouldrevisethe
permitted use sections toallowall restaurants tohave outdoor seating areas in commercial or
lodging zoning districts.The amendment would also eliminate the requirement that outdoor
seating areasbe fenced ifno alcohol isservedandtherearenopublicsafety issues.Case
Number Z2012-04;Ordinance 2012-05.
Robert Rodgers,Senior Planner gavethe presentation and pointed outthatthiswasthe second
timethecommissionwaspresentedwiththisordinance amendment.Mr.Rodgerspointedout
thatstaffhadreceivedalot of inquiriesfromlocalrestaurantsaboutthepossibilityofcreating
outdoor seating areasfortheir customers touse during thecooler months.Mr.Rodgers
explained that currently the TCCD zoningdistrictwastheonlydistrictthat permitted non-
enclosedoutdoorseatingareas.Mr.Rodgersaddedthatthisordinanceamendmentwouldallow
restaurants inany commercial or lodging districttocreateon-siteoutdoorseatingareas without
requiring the business to enclose thepatioorthattheyobtaina special use permit.Mr.Rodgers
expressed thatthe amendment would also apply to restaurants thatserve alcoholic beverages
subject tothe business'state liquor license also allowing themtonot enclose their outdoor
seating area.In cases wherepublic safety might be compromised;thetown would require the
seating areatobe fenced or somehow be protected.Mr.Rodgers noted thatthis was the only
changefromthepreviouslypresentedproposal.
Mr.Rodgers explained thatthe public safety determination would be made administratively or
during the concept plan approval/building permit process.Mr.Rodgers mentioned that ADA
accessrequirementswouldnotbeaffected.
Staff recommended thatthePlanningandZoningCommission forward a recommendation tothe
Town Council to approve the outdoor seating area zoning ordinance text amendment,as
presented.
Public Hearing Opened at6:37p.m.
Noonerequestedtospeak.
Public Hearing Closed at6:37p.m.
Page3 of9
AGENDA ITEM #5-CONSIDERATION of a TEXT AMENDMENTS tothe Zoning
Ordinancetoamend Chapters 12.16.and18.If adopted,the amendments wouldrevisethe
permittedusesectionstoallowallrestaurantstohaveoutdoorseatingareasincommercialor
lodgingzoningdistricts.Theamendmentwouldalsoeliminatetherequirementthatoutdoor
seatingareasbefencedifnoalcoholisservedandtherearenopublicsafetyissues.Case
Number Z2012-04;Ordinance 2012-05.
ChairmanLloydPewaskedforquestionsorcommentsfromtheCommissioners.
Commissioner Richard Turner asked how staff would know which restaurants were creating
outdoorseatingwithoutthepermitprocess.RobertRodgersansweredthatrestaurantowners
wouldstillberequiredtosubmitaproposalfor staff toreviewoverthecounterandeither
approveorgiverecommendationsonoutdoorseating.CommissionerTurnerwasconcerned
aboutparkingissuesbeingcreatedduetotheplacementoftables.Mr.Rodgers stressedthat
parkingandADAissueswouldbeaddressedthroughthisprocess.
CommissionerGeneSlechtasupportedthechangesinfencingrequirements,butreiteratedhis
objection thatthis proposed process wouldeliminatetheabilityfor neighboring resident to
expresstheirconcernsduetothelack of publichearingsthatarenowavailabletoaddressthese
concerns.Commissioner Slechta added thatthereweretwo zoning district descriptions withtwo
sentences not found in the others that stated;
1.Provideforservicestothecommunitythatdidnotinterferewiththeintegrity of the
surrounding neighborhood.
2.Particularattentionistobepaidtotheinterfacebetweencommercialandprofessional
usesand residential uses within thesame neighborhood.
Commissioner Slechta addedthatCCandC-1now require Special Use Permits for outdoor
seating because theyweresoclosely aligned by residential neighborhoods.Hestatedthatitwas
notunreasonableto allow thesurroundingneighborhoodstohavetheopportunitytoweighin
throughaSpecialUsePermitprocess.
Commissioner GeneSlechta requested toamendthe proposed amendment toretainthe original
zoning ordinance language and require a Special Use Permit intheCCand C-1 commercial
zoning districts.
Commissioner Richard Turner asked staff,which were the most neighborhood compatible
zoning districts.Mr.Rodgers answered thatitwas probably theCC zoning district because C-1,
C-2,C-3weremoredense.CommissionerTurnerstatedheagreedwithCommissionerSlechta.
Commissioner GeneSlechtamadea MOTION toamendtheproposaltocontinuetoretainthe
Special Use requirement intheCCand C-1 zoning districts for outside seating.
ChairmanLloydPewaskedforthe MOTION tobe SECONDED.
The MOTION FAILED for lack of being SECONDED.
Page4 of9
Commissioner Richard Turner made a MOTION to approve the proposed amendment withthe
exception of CCzoningdistricts.
Vice-Chairman Angela Strohan SECONDED the MOTION.
ChairmanLloydPewrequestedany questions or comments fromthe Commission.
Commissioner Gene Slechta stated he understood C-1tobemore commercial (light
commercial).
RobertRodgers,Senior Planner recommended against the current motionbecausetheCCzoning
districtswasnotany different fromtheother commercial districtstheyallbackuptoresidential
districts.Mr.Rodgers pointed out that even the downtown C-2 and TCCD zoning districts back
upto multi-family areas.Mr.Rodgers notedthattheseareaswereno different thanthemore
denseareas.Mr.Rodgers also expressed thatit would be unfair totheCCandC-1 district
commercial properties to require only those to apply fora special use permit.Sincethis
proposed ordinance included an over-the-counter review,the proposed process would be
equitable forall commercial districts.
Commissioner Turner stated thathesawthe current process asnot prohibiting CCandC-1from
having outdoor seating,but shows there isa process that businesses go through.If therewere
neighbors with concerns,they would havethe opportunity to provide their input.
Vice-Chairman Strohan asked what areas would be involved.Mr.Rodgers noted thatsome of
the areas of Town in the CC District.
Chairman Lloyd Pew stated hewasnotinfavor of this exception.Chairman Pew pointed out
thatany problem withnoisewouldfallunderthenoise ordinance.Headdedthattheproposed
zoning ordinance would treat those commercial businesses differently fornoreason.
Commissioner Slechta added that during histimeasa planner forthetown,he remembered a
SpecialUse Permit request he presented that involved a request for extended restaurant/bar
hours.ThisrequestwasinaCCzoningdistrictandtherewerealot of opposition fromthe
residents in the area.
Chairman Pew asked if the over-the-counter permit process included a mechanism for residents
towalkinand voice their concerns about outdoor seating ona particular establishment orfind
outwhyapermitwasgranted.Mr.Rodgersansweredthat if someone wantedtochallengea
permit,theywouldhavetoappealtotheTown Council,afterthefact.
Commissioner Turner remarked that by using the special use permit andits process,input from
theresidentscould possibly resultin modifications or revisions necessarytotheissuance.Vice-
ChairmanStrohanagreedthattheresidentsshouldhavetherighttobeheard.
No other discussion or comments were made.
Page5 of 9
Chairman Pewaskedforallthoseinfavor of the MOTION (Commissioner Richard Turner
made a MOTION to approve the proposed amendment with the acceptation ofCC zoning
districts.)
Those voting in favor of the MOTION were Commissioner Richard Turner and Vice-Chainnan
Angela Strohan.
Those voting nay of the MOTION wereChairmanLloydPewandCommissionerGeneSlechta.
The MOTION FAILED by2-2vote.
Commissioner Richard Turner made a MOTION to continue this agenda itemuntilthenext
scheduled meeting.Commissioner GeneSlechta SECONDED the MOTION andthe
MOTION carried 4-0,by those present.
AGENDA ITEM #6-PUBLIC HEARING of a TEXT AMENDMENTS to Chapters 2.5.9.
10.11.15.and18 of theZoningOrdinance.Ifadopted,theamendmentswouldrevisethezoning
regulations relating to Temporary Use Permits to amend,eliminate,and/or redefine these
sectionsinordertostreamlineprocessesandeliminateunnecessarybureaucracyorduplicative
permits.CaseNumber Z2012-03;OrdinanceNumber 2012-06.
RobertRodgersgavethepresentationandnotedthatthiswasthesecondtimethe commission
was presented withthis proposal.Mr.Rodgers explained that numerous temporary use permit
regulations residedineightseparate ordinance sectionsofsevendifferent chapters ofthe zoning
ordinanceandoccasionallyduplicatedotherpermitrequirements,whichcreatedadditional
unnecessary and time-consuming procedures.Mr.Rodgerssummeduptheproposedchanges
that would significantly reduce thetimeand expenses involved in acquiring and administering
permitsasfollows:
1.The requirement togetevent related Temporary Use Permits would be eliminated.Those
requestswouldgetSpecialEventPermits.
2.Temporary Use Permits issued through staff would be reviewed and issued
administratively.
3.Activities inthe right-of-ways or easements would stillbe processed through Building
Permits and Encroachment Permits.
4.AnyappealswouldcontinuetogotoTownCouncil.
Mr.Rodgers explained that these proposed changes were expected to significantly reduce the
timeandexpensesinvolvedinacquiringand administering thesepermits.
Page6 of9
Mr.Rodgers pointedoutthatasignificantpolicychangefromthecurrentordinancewasthat
masterplannedcommunitysalescentersmaynowbeinanysizedevelopmentratherthanonly
those with 200 acres or more.
Staff recommended thatthe Planning and Zoning Commission forwarda recommendation tothe
TownCounciltoapprovetheTemporaryUsePermitzoningordinancetextamendments,as
presented.
Public Hearing Opened at6:59p.m.
Noone requested to speak.
Public Hearing Closed at 6:59 p.m.
AGENDA ITEM #7-CONSIDERATION of a TEXT AMENDMENTS to Chapters 2.5.9.
10.11.15.and18 of the Zoning Ordinance.If adopted,the amendments would revisethezoning
regulations relating to Temporary Use Permits to amend,eliminate,and/or redefine these
sectionsinorderto streamline processes and eliminate unnecessary bureaucracy or duplicative
permits.Case Number Z2012-03;Ordinance Number 2012-06.
Commissioner Richard Turner asked how anyone would know if an event were pending.Mr.
Rodgers answered that with the Town Attorney's input inthe ordinance,the procedure would be
that if a permit was appealed,staff would suspend itandthen require the requested event goto
the Town Council fora hearing.
Vice-Chairman Strohan asked about daycare requests andthe notification of residents.Mr.
Rodgers explained thata business of thiskind would needa business license.Home Occupation
stipulations would be included inthe process of issuance of thatlicense.
Commissioner Gene Slechta stated he supported the proposed amendment tothe Zoning
Ordinance.
Vice-Chairman Strohan made a MOTION to forward a recommendation to the Town Council to
APPROVE the proposed text amendments to Chapters 2,5,9,10,11,15,and 18 of theZoning
Ordinance,astheyrelateto Temporary Use Permits as presented.Commissioner Gene Slechta
SECONDED.The MOTION passed 4-0,by those present.
AGENDA ITEM #8-SUGGESTIONS regarding TOPICS OF DISCUSSION forthe
Thursday,October 11,2012,TownCouncilandPlanningand Zoning Commission JointSession.
ThefollowingtopicsweresuggestedbytheCommissionerstobediscussedattheThursday,
October 11,2012,joint sessionwiththeTownCouncil:
1.Street Improvement Town wide.
Page7 of9
2.Downtown Development Update.
3.Status of Economic Development Policy.
4.AnyDevelopmentProposalsonReservation.
AGENDA ITEM #9 -COMMISSION DISCUSSION/REQUEST FOR RESEARCH to
staff.Itemslisted below arerelatedonlytothepropriety of (i)placingsuchitemsonafuture
agendaforactionor(ii)directing staff toconductfurtherresearchandreportbacktothe
commission.
NONE
AGENDA ITEM #10-SUMMARY OF COMMISSION REQUEST from Senior Planner.
NONE
AGENDA ITEM #11-REPORT from Senior Planner,Planning and Zoning Division of
Development Services.
Mr.Rodgers informed the Commissioners that six(6)applicants were interviewed bythe Town
Council Interview Subcommittee for five (5)open seats and the Town Council would announce
the newly appointed members atthe September 20,2012,Town Council Meeting.Oaths of
Office would be administered the following week.Mr.Rodgers added that on October 11,2012,
the Commission wouldhold a joint session with the Town Council beginning at5:30p.m.
followedbya regular Planning and Zoning Commission meeting thatwouldalsoincludethe
appointment of a chairman and vice-chairman fora one-year termandtheSign Regulations
proposed amendment
AGENDA ITEM #12 -ADJOURNMENT.
Commissioner Richard Turner MOVED to adjourn and Commissioner Gene Slechta
SECONDED and the MOTION CARRIED (4-0).by those present.
Chairman Lloyd Pew aye
Vice-Chairman Angela Strohan aye
Commissioner Richard Turner aye
Commissioner Gene Slechta aye
The regular meeting ADJOURNED at 7:19 p.m.
Page8 of 9
FOUNTAIN HILLS PLANNING &ZONING COMMISSION
BY:
Chairman Lloyd E.Pew
ATTEST:
Janice Baxter,Recorder
CERTIFICATION
I hereby certify thatthe foregoing minutes area true and correct copy of the minutes of the
meeting of the Fountain Hills Planning and Zoning Commission heldonthe 13 day of
September 2012,inthe Town Council Chambers.I further certify that the meeting wasduly
called and that a quorum was present.
Dated this 13th day of September 2012.
Janice Baxter,Recorder
Page 9 of9
OriginalMessage
From:MarkMayer [mailto:mmayer@fh.az.gov]
Sent:Monday,Dune 25,20127:32AM
To:'Robert 'Bob'Rodgers'
Subject:FW:Proposed Changes to Sect.19-05 of the Town Code -Public Art 1%
FYI.Chair of the Public Art Committee.
OriginalMessage
From:sandinorm@cox.net [mailto:sandinorm@cox.net]
Sent:None
To:Mark Mayer;'Derry Miles'
Subject:Re:Proposed Changes to Sect.19-05 of the Town Code -Public Art 1%
That makes great sense.We are all for that.
Sandi
MarkMayer <mmayer@fh.az.gov>wrote:
>Sandi /Derry -Development Services staff have encountered some issues with
collecting the 1%Public Art fee because under the current language it is
collected attheendwhenthe Certificate of Occupancy is issued.Whatis being
proposed is that the money be collected at the beginning when the Building Permit
is issued.This should help bring in additional funds and provide them more
quickly.
>
>Any issue /concerns please contact Senior Planner Bob Rodgers at 816-5138.
>
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:10/4/2012 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:DevelopmentServices
Staff Contact Information:Bob Rodgers,Senior Planner (480)816-5138 rrodgers@fh.az.gov
Strategic Values:NotApplicable (NA)Council Goal:NotApplicable (NA)
REQUEST TO COUNCIL (Agenda Language):
PUBLICFIEARING of TEXT AMENDMENTS to Chapters 2,5,9,10,11,15,and18 of the Zoning Ordinance.If
adopted,the amendments would revisethezoning regulations relatingto Temporary Use Permits to amend,eliminate,
and/or redefine these sections inorderto streamline processes and eliminate unnecessary bureaucracy or duplicative
permits.ORD #12-06
CONSIDERATION of TEXTAMENDMENTStoChapters2,5,9,10,11,15,and18 of theZoningOrdinance.If
adopted,theamendmentswouldrevisethezoningregulationsrelatingtoTemporaryUsePermitstoamend,eliminate,
and/orredefinethesesectionsinordertostreamlineprocessesandeliminateunnecessarybureaucracyorduplicative
permits.ORD#12-06
Applicant:The Townof Fountain Hills
Applicant Contact Information:Planning &ZoningDivision-Robert Rodgers,Senior Planner
Property Location:N/A
Related Ordinance,Policy or Guiding Principle:
Fountain Hills Zoning Ordinance Chapter 2
Fountain Hills Zoning Ordinance Chapter 5
Fountain Hills Zoning Ordinance Chapter 9
Fountain Hills Zoning Ordinance Chapter 10
Fountain Hills Zoning Ordinance Chapter 11
Fountain Hills Zoning Ordinance Chapter 15
Fountain Hills Zoning Ordinance Chapter 18
Staff Summary (background):
The Temporary UsePermit regulations currently reside in seven chapters ofthezoning ordinance and
occasionallyduplicateanumberofotherpermitrequirements.Theyalso sometimes create unnecessary and
time-consuming procedures.
Page 1of3
The followingisa summary of the ordinance sections which contain Temporary Use Permit regulations and the
affect of the proposed amendments on those sections:
Section 2.03 Temporary Use Permits
The amendments within this section will no longer require abutter notification of proposed temporary
use permits.There will no longer be a minimum 10 day waiting period.TUP's will be administered
administratively and will only have to go before Council if appealed.
Section 5.16 Temporary Carnivals,Circuses,Revivals,Rodeos,Swap Meets,Outdoor Retail Sales and
Similar Activities
This section is being amended to eliminate the need for TUP's.All events of this type (except outdoor
retail sales)will only be required to obtain the Special Event Permit.
Outdoor retail sales are already covered under the individual district regulations and the encroachment
permit process so willno longer be required to get a TUP in districts where retailisa permitted use.
Section 5.21 Temporary Construction Equipment and Storage Yards for Construction Activity in
Public Rights-of-Way and Easements
These activities are no longer being required to go through the TUP process.Regulation of these
activities is covered under either the Encroachment Permit process ifwithinatown Right-of-way or
easement or,during the Building Permit process.
Section 9.03 Uses Subject to Temporary Use Permit in the "OSR"Zoning District
The only change proposed in this section istoallow the Master Planned Community Sales Centers in
any sized development rather than only those with 200 acres or more.An administrative TUP will still
be required.
Section 10.03 Uses Subject to Temporary Use Permit
Changes proposed in this section will require Day Care Centers to have alocal Business License and
Master Planned Community Sales Centers will be allowed in any sized development rather than only
those with 200 acres or more.Administrative TUP's willstill be required.
Section 11.04 Uses Subject to Temporary Use Permit
Changes proposed in this section will require Day Care Centers to have alocal Business License,
Model Homes will be required to provide off-street parking,and Master Planned Community Sales
Centers will be allowed in any sized development rather than only those with 200 acres or more.
Administrative TUP's willstill be required.
Section 15.03 Uses Subject to Temporary Use Permit
Changes proposed inthis section will require Day Care Centers to have alocal Business License and
Model Homes will be required to provide off-street parking.Administrative TUP's will still be required.
Section 18.04 Uses Subject to Temporary Use Permits
No changes are proposed.Pushcarts will stillbe required to get Administrative TUP's.
The full text of the affected Zoning Ordinance sections with the proposed changes is attached.
Risk Analysis (options or alternatives with implications):
Approvalofthe proposed text amendments will revise the various sections of the zoning ordinance as outlined
above.Denialof the proposed amendments will require that the various Temporary Use Permit requirements
remain as-is.
Fiscal Impact (initial and ongoing costs;budget status):N/A
Budget Reference (page number):N/A
Page2 of3
Funding Source:N/A
If Multiple Funds utilized,list here:N/A
Budgeted;ifNo,attach Budget Adjustment Form:NA
Recommendation(s)by Board(s)or Commission(s):
The Planning &Zoning Commission initiated this amendment at their May24,2012 regular meeting.The
Commission voted at their September 13,2012 meeting to forward a recommendation to Town Council to
approve this ordinance amendment.
Staff Recommendation(s):
Staff recommends that the Town Council approve the amendments to the Zoning Ordinance,Chapters 2,5,9,
10.11.15,and 18 as they relate to Temporary Use Permits,as presented.
List Attachment(s):
Ordinance #12-06
P&Z Commission Meeting Minutes of 9/13/2012
SUGGESTED MOTION (for Council use):
Moveto approve the proposed text amendments to Chapters 2,5,9.10,11.15.and 18 of the Zoning
Ordinance,as they relate to Temporary Use Permits as presented.
Prepared by:Director's Approval:
<Rp6ert (Rpdgei 4 .
Robert Rodgers,Seffitf Planner 9/25/2012 PauI'Modd,Development Services Director
°C^0/9^/90199/25/2012
Approved:^-n
Ken Buchanan,Town Manager 9/26/2012
Page 3 of3
ORDINANCE NO.12-06
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE,RELATING TO TEMPORARY USE PERMITS.
WHEREAS,the Town of Fountain Hills (the "Town")adopted Ordinance No.93-22,which
adoptedtheZoning Ordinance fortheTown of FountainHills(the "Zoning Ordinance");and
WHEREAS,the Town desires to amend various sections of the Zoning Ordinance to streamline the
procedures for temporary use permits;and
WHEREAS,pursuantto Ariz.RliV.Stat.§9-462.04,publichearingswere(i)advertised inthe
August22.2012,andAugust29,2012 editions of theFountainHillsTimesand(ii)heldbytheFountain
HillsPlanningandZoningCommissiononSeptember 13.2012,andbytheMayorandCouncil of theTown
of Fountain Hills (the "Town Council")on October 4,2012.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS,ARIZONA,as follows:
SECTION 1.The recitals abovearehereby incorporated asiffullysetforthherein.
SECTION2.TheZoningOrdinance,Chapter2,Subsection2.03(B)(1)(TemporaryUsePermits -
General Regulations)is hereby amended asfollows:
I.Zoningdistrictregulationsestablishedelsewhereinthisordinancespecifythatcertain
buildings,structures anduses of landmaybeallowedastemporaryusesinagivendistrict
subjecttotheprovisions of thissectionandto requirements setforthindistrictregulations.
TheZONINGADMINISTRATOR staff isempoweredtograntapplicationsfortemporary
usepermitsifno objoctionr.arereceivedwithintheproscribedadvertisingperiod.The
ZONING ADMINISTRATOR staff may impose reasonable conditions uponsuch
temporary use permits.
SECTION3.TheZoning Ordinance,Chapter 2,Subsection 2.03(C)(Temporary UsePermits-
Temporary UsePermit Application)isherebyamendedasfollows:
C.Temporary Use Permit Application:Application fora temporary usepermitshallbe
filedwiththe Community Development SERVICES Departmentonaformprescribedby
the Community Development ZONING ADMINISTRATOR.The application shallbe
accompanied byadetailedsiteplanpreparedin accordance withSection2.04showingall
information necessary to demonstrate thatthe proposed usewill comply withall special
conditions aswellas other regulations and requirements of this ordinance.An applicant
shall furnish the staff withany additional information the staff may consider relevant to
investigation of the case.
SECTION 4.The Zoning Ordinance,Chapter 2,Subsection 2.03(D)(Temporary UsePermits -
Action and Findings)is hereby amended asfollows:
1761014.2
2.[RESERVED.JNotice of the nature of the temporary use permit application andthedate
inwhichany objections mustbe received shallbepostedonthe property andshallbe
mailed tothe owners of allreal property within three hundred (300)feet of the external
boundaries of the property forwhich application is made.The advertising periodshallbo
foratleast ten (10)calendar days.The applicant shallbe responsible for providing the
names and addresses of these owners on postage paid,first class legal sized envelopes.It
shallbethe responsibility of the applicant to maintain the posting.
3.Objections toany proposed THE ISSUANCE OFA temporary usepermitshallbein
writing.Such objections shallstatethe reason(s)forthe objection andprotest.The
written objection mustalso contain thename,address,telephone number,and signature
of the objector.
4.If there isa written objection received WITHIN TEN (10)DAYS OF THE
COMMENCEMENT OF THE USE ALLOWED BY THE TEMPORARY USE PERMIT
bythe closing date of the advertising period,THE ZONING ADMINISTRATOR
SHALL SUSPEND THE TEMPORARY USE PERMIT UNTIL COUNCIL RENDERS
ADECISION.TheCouncilshall consider the application atthefirstregularmeeting
heldnotlessthanfifteen (15)daysafterreceipt of saidprotest.Atthismeeting,theTown
Council may render A decision onthematteror continue the matter toa specified date
(butnotlaterthanthenext regularly scheduled meeting).
5.In order tograntaAN APPEALED temporary usepermit,thefindings of theCouncil
mustbethatthe establishment,maintenance,or operation of theuse applied forwillnot
bedetrimentaltothepublichealth,safety,peace,comfort,andgeneralwelfare of persons
residing or working inthe neighborhood of such proposed use,norshallitbe detrimental
or injurious to property and improvements inthe neighborhood ortothegeneralwelfare
of the town.
SECTION 5.TheZoning Ordinance,Chapter 2.Subsection 2.03(E)(Temporary UsePermits.
Time Limits)ishereby amended asfollows:
1.Temporary use permits become effective theday after the advertising period,if no
written objections are received OFISSUE.
2.Ifanywrittenprotestis received,a temporary usepermitissuedbytheTownCouncilis
SUSPENDED AND BECOMES effective either theday after the Council's APPROVAL
decision ifno conditions for operation are outstanding;or,theday after any outstanding
conditions are met.
3.Atime limitation for temporary use permits shall be made atthetime of issuance.Atno
time shalla temporary use permit be granted for more thantwo(2)years.In no case,
shalla termination date of a temporary use permit be automatically extended asaresult
of a delay onthe applicant's partto comply te-WITH the conditions stipulated inthe
temporaryusepermitorin securing abuildingpermit.
4.A building permit forthe construction of any improvements allowed byany temporary
use permit issuedbythe staff orTownCouncilshallbe secured withinsix(6)months
1761014.2
fromthedate of approval.Anylapsing of thebuildingpermitpriorto completion of the
improvements will cause the temporaiy usepermitto become nullandvoid.Priortothe
termination of thistimelimit,the staff orTownCouncil (whichever issueDthe temporary
use permit)may reconsider said temporary use permit to determine if the permit should
be reissued foran additional timeperiodorbe terminated.
5.Nopersonshallreapplyforthesameor substantially thesame temporaiy usepermiton
thesameorsubstantiallythesame plot,lot,orparcel of landwithinaperiod of one(1)
year fromthedate of denial of said TEMPORARY usepermit.
SECTION6.TheZoningOrdinance,Chapter2,Subsection2.03(F)(TemporaryUsePermits.
TimeLimits)isherebyamendedasfollows:
1.Temporary use permits granted in accordance withthe provisions of this ordinance may
berevokedbytheTownCouncilZONING ADMINISTRATOR,ifany of theconditions
orterms of thepermitare violated orifanylawor ordinance is violated in connection
therewith.TheZoning Administrator shallnotifythepermitteePERMITHOLDER of a
violation of a temporary use permit,inwriting.Iftheviolationisnotremediedorthe
remedyisnotsubstantiallybegunintheopinion of theZoningAdministratorwithinten
(10)days after notification,the owner/tenant should SHALL be notified thatthe Town
CouncilwillconsiderrevocationofthopermitatitsnextmootingTEMPORARYUSE
PERMIT IS REVOKED.
2.Any temporaiy use permit shallbe considered nullandvoid if construction doesnot
SUBSTANTIALLY conformtotheoriginallyapprovedsiteplan.MINOR
DEVIATIONS FROM THE ORIGINALLY APPROVED SITE PLAN MAY BE
APPROVED BYTHE ZONING ADMINISTRATOR.Any requests forMAJOR
deviationsfromtheoriginallyapprovedsiteplanshallbeprocessedasanewtemporaiy
use permit.
SECTION7.TheZoningOrdinance.Chapter5,Section5.16(TemporaiyCarnivals.Circuses,
Revivals,Rodeos,SwapMeets,OutdoorRetailSalesandSimilarActivities)isherebyamendedas follows:
Section 5.16 Temporary Carnivals,Circuses,Revivals,Rodeos,Swap Meets?Outdoor Retail
S«4es-and Similar Activities
A.Applicability:The provisions of thisSectiondonotapplytogaragesalesorrummage
sales.Allother temporaiy carnivals,circuses,revivals,rodeos,swap meets,outdoor sales.
and similar activities maybe permitted onlyinOSR.Commercial andIndustrialZone
Districts subject tothe restrictions of Subsection B of this Section.
B.Temporary Use SPECIAL EVENT Permit:A temporary use SPECIAL EVENT
permit shallbe obtained fromthe Zoning Administrator TOWN in accordance withthe
following:
1.The Zoning Administrator TOWN shall ensure thathealthandsafetyare considered,and
shallobtaintheapproval of the Maricopa County Health Department,theFire
Department,andtheTown Marshal's MARICOPA COUNTY SHERIFF'S Office priorto
issuing the temporaiy use SPECIAL EVENT permit.
1761014.2
2.TheZoningAdministratorTOWNshallensurethatlandareaisadequateforthe proposed
useand consequent parking,andshallensurethattrafficsafetyis considered.
a.APPLICANTSSHALLsubmitasite plan,to scale,showingtheproposedlocationsof
temporaiy structures and activities andidentifythe available parking areas.
b.Allparkingareasmustbepavedorhaveanapprovedmethod of dustcontrolfrom
APPROVED BYtheTownEngineer.
c.Ifthe proposed temporaiy use-SPECIAL EVENT location is within an existing parking
areathe number of parking spaces shall notbe reduced BY more than ten (10)percent of
thetotalspacesexistingunlessotherwiseapprovedbyCouncil.
3.The Zoning Administrator TOWN shall require any measures necessary to protect
surrounding property.
4.A time limit shall be established for each use conducted under the temporaiy use A
SPECIALEVENTpermit.Unlessotherwise approved bytheTown Council,thetime
limitshallnotexceedseven(7)consecutive days.,norshalltherebomorethan ono (1)
temporaryusepermitissuedfor tho sameuseduringanycalendar year.TheTown
Council may grant permission for the same usetobe hold more than ono (1)time during
a calendar year.Outdoor retailsalesand similar SPECIAL EVENT uses.RECURRING
OR OTHERWISE,suchasswapmeetsand farmers markets maybe permitted
ANNUALLY underasingle temporary uso SPECIAL EVENT permit,subject tothe
following:
th The recurring eventshallnot excood a maximum of fifty (50)days during acalendar
XctttT
&Tho ovent permitted under the temporary use permit shall rocur within thirty (30)days of
tho prior event held under such permit;if tho period of recurrence isgreater than thirty
(30)days,aseparatetemporary'usepermitshallboobtainedforeachoccurrence.
e*TheTownCouncilshallapproveall temporary usepermitsforoutdoorretailsales
recurringmorethanonce (1)inacalendar yoar.
5.PermanentstructuresshallnotbepermittedunderatemporaryusoSPECIALEVENT
permit.
SECTION 8.The Zoning Ordinance.Chapter 5.Section 5.21 (Temporaiy Construction Equipment
and Storage Yards for Construction Activity in Public Rights-of-Way and Easements)is hereby amended as
follows:
Construction equipmentand material storageforprojectsinpublic rights-of-way andeasements
maybe allowed inanyzoning district,excepttheOpenSpace Recreational Zoning District,with
a temporaiy usoAN ENCROACHMENT PERMIT ISSUED BY THE TOWN ENGINEER.Ata
minimum,thefollowingregulationsareplaceduponanysuch a-use:
1761014.2
B.The construction equipment and storage yardsshallbe enclosed byaVIEW
OBSCURING fenceatleastsix(6)feetandnotmorethaneight(8)feetinheightto
provide effective site screening from adjoining properties.,uses or streetsbytheuse of
Fencingmaterialsthatobscureatleastninety-five(95%)percent of wallplane of the
fence ARE REQUIRED.
K.Vegetationshallbe reestablished onallexposedfill slopes,cutslopes,andgraded
surfacesbymeans of amixture of grasses,shrubs,treesorcactitoprovideabasicground
coverwhichwillpreventerosionandpermitnaturalrevegetationuponremovalofthe
constructionequipmentandstorageyardactivity.Revegetationplansmustbesubmitted
toandapprovedbytheTown of FountainHillspriortothegranting of thetemporaryuse
ENCROACHMENTpermit.Revegetation of cutandfillslopesshallbedoneinsuch
fashionastorestorethosegradedslopestoanappearanceapproximating,ascloselyas
possible,theirnaturalstate.Indigenousplantmaterialsorlowwaterusage shrubs,trees
and grasses mustbeused.
SECTION 9.TheZoningOrdinance,Chapter9,Subsection9.02(B)(7)(OpenSpaceZoning
District-PermittedUses)isherebyamendedasfollows:
a.Aspecialeventfacilityshallbeconstructedusingthesameexteriorbuildingmaterials
andpaintcolorastheclubhouse.Unlesspermittedbyadevelopmentagreement,tents,
membrane structures or similar buildingsor structures arc specifically prohibited.
However,temporaiy single-event tent(s)maybe permitted by SPECIAL EVENT
Temporaiy Uso Permit pursuant to Section 5.16 of this Ordinance.
Innocaseshallaspecialeventfacilitybeusedbetweenthehours of 12:00AMand6:00
AMonFridayand Saturday evenings.Aspecialeventfacilityshallnotbeused between
thehours of 10:00PMand6:00AMonSundaythroughThursdayevenings.However,
onholidaysthatoccuronSundaythroughThursday evenings,theDEVELOPMENT
SERVICESDirector of CommunityDevelopmentmay,withprior approval,allowa
specialeventfacilitytobeuseduntil 12:00 AMinstead of 10:00PM.Ifthe
DEVELOPMENT SERVICESDirectorofCommunityDevelopmentdeterminesthat
musicorcrowdnoisehas disturbed adjacent residential users,the DEVELOPMENT
SERVICES Director of Community Development,at his/her discretion andby certified
lettertothe golf courseoperator,mayfurtherlimitthehours of futurespecialevents.
Noadditionalparkingspacesarerequiredtobeprovidedforaspecialeventfacility.
However,thereshallbeno non-golf-relatcd eventsthatutilizethespecialeventfacility
thatbeginbefore4:00PMunlesseitheradditionalon-siteparkingforthefacilityis
providedatarate of oneparkingspaceperevery4personsofthecapacity of thespecial
eventfacilityor alternative parking accommodations and transportation (if necessary)are
provided and prior approval is given bythe DEVELOPMENT SERVICES Director ef
Community Development.
SECTION 10.TheZoning Ordinance,Chapter 9,Subsection 9.03(A)(UsesSubjectto Temporaiy
UsePermitinthe "OSR"Zoning District)is hereby amended asfollows:
1761014.2
A.Master-Planned Village Sales and Information Center within a Clubhouse.The
developer of a master-planned VILLAGE community over200 contiguous acres,may
operate A MASTER-PLANNED VILLAGE SALES AND INFORMATION CENTER
an information/sales facility within a clubhouse by temporaiy use permit only.Inthe
reviewfora master-planned VILLAGE community salesand information center
temporary use permit,the TOWN staff,andif necessary,the Town Council,may
consider lighting,landscaping,hours of operation,signage,parking,duration,and
neighborhood impact.As-AT a minimum,thefollowing standards shallapply:
The center shallbeforthe purpose of marketing the specific master-planned village,the
sale of lotsinthe master-planned village andthe distribution of material concerning the
attributes of theTownand surrounding areas.Theofficemaynotbeusedasanofficefor
thesales of houses,theresale of lots,subdivisions withmodel homes,or property outside
of the master-planned village.Thesale of country club memberships withinthemaster-
planned village is permitted asan accessory USE ONLY IF THE MASTER-PLANNED
VILLAGE HAS SUCH A COUNTRY CLUB.
5.Signage shallBEin conformance with Chapter 6,Section 6.07 of this ordinance.
SECTION 11.TheZoningOrdinance.Chapter10,Subsection10.02(A)(10)(Single-Family
Residential Districts-PermittedUses)isherebyamendedasfollows:
10.HomeDayCareCenterinanoperator'sresidence,withno swimming pool,forfive(5)or
lesspeople,operation onlybetweenthehours of 6:00A.M.and8:00P.M.No signage or
other evidence of adaycare center is permitted.One additional off-street parking space
is required.ANY OPERATION OFADAY CARE CENTER PRIOR TO6:00A.M.
AND AFTER 8:00 P.M.IS PERMITTED ONLY BY A SPECIAL USE PERMIT.
SECTION 12.The Zoning Ordinance,Chapter 10,Section 10.03 (Single-Family Residential
Districts-UsesSubjectto Temporaiy UsePermit)isherebyamendedasfollows:
A.Day Care Center for the Care of More Than Five(5)People:Adaycare center for
thecare of morethanfive(5)peopleis permitted by temporaiy usepermitonly.Aday
care center forthecare of morethanfive(5)peoplemaybe operated inthese SINGLE-
FAMILY RESIDENTIAL Zoning Districts withthe following minimal stipulations:
5.[RESERVED]Any operation of aDayCare Center priorto6:00A.M.and after 8:00
P.M.is permitted only by Special Use Permit.
9.AnyDay Care CENTER Facility witha swimming poolor other applicable body of water
as defined in Section 5.09t(D)t of this ordinance mustmeetthe requirements forapool
enclosure described in that Section.
10.AnyDay Care Center,which cares formorethanfive(5)people,shallbe REQUIRED
TO HAVE A VALID FOUNTAIN HILLS BUSINESS LICENSE ANDBE licensed by
the State of Arizona.
1761014.2
Bedand Breakfast:Bedand Breakfast operations maybe permitted in tkese-SINGLE-
FAMILY RESIDENTIAL zonesby Temporary UsePermitonly.Ata minimum,the
following standards shallapply:
Model Homes:Model Homes maybe permitted ina SINGLE FAMILY-residential area
byTemporaryUsePermitonly.Inthereviewforamodelhome,the staff,andif
necessary,theTown Council,may consider lighting,landscaping,hours of operation,
signage,parking,duration,andneighborhoodimpact.As-AT aminimum,thefollowing
standards shallapply:
2.Themodelhomeshallbeforthe puipose of marketing the construction of custom homes
oratract subdivision HOMES withagivenproductlinein Fountain Hills.Amodelhome
maynotbeusedasan office forthe marketing of developed property,orthe marketing of
property outside of Fountain Hills.
3.An off-street parking stallforeach person stationed onsite,plustwo(2)spaces SHALL
BE PROVIDED.Parking lotsformodel homes maybe located onan adjacent lot owned
bythe owner of themodelhome.
D.Master-Planned Village Salesand Information Center:The developer of amaster-
planned village evef—two-hundred—(200)—contiguous—acres may operate an
informotion/salcs—facility A MASTER-PLANNED VILLAGE SALES AND
INFORMATION CENTER within a residentially zoned areaby temporaiy use permit
only.Inthereviewfora master-planned villagesalesAND /information center temporary
usepermit,thestaff,andif necessary theTown Council,may consider lighting,
landscaping,hours of operation,signage,parking,duration,and neighborhood impact.As
ATa minimum,the following standards shall apply:
1761014.2
The center shallbeforthepurpose of marketing the specific master-planned village,the
sale of lotsinthe master-planned village andthe distribution of material concerning the
attributes of theTownand surrounding areas.The office maynotbeusedasanofficefor
the sales of houses,the resale of lots,subdivisions withmodel homes,or property outside
of the master-planned village.Thesale of country club memberships withinthemaster-
planned village is permitted asan acccssoiy useONLYIFTHE MASTER-PLANNED
VILLAGE HAS SUCH A COUNTRY CLUB.
There shallbea landscape buffer of atleast one-hundred-Fifty (150)feetbetweenthe
salesand information center andany occupied residential structures.
Landscaped areasshallincludean approved mixture of drought tolerant orotherplant
materials,and organic and non-organic ground cover materials.Landscaping shallconsist
of one(1)plantforeachtwenty(20)squarefeetoflandscapearea.Atleasttwenty-five
(25)percent of theplantsshallbe15gallonorgreaterplantsandtheremainingplants
mustbeatleastfive(5)gallon plants.The approval of the above mixture of landscape
materials shallbebythe Community—Development—Department staff ZONING
ADMINISTRATOR withappealtothe Planning and Zoning Commission.
Swim School:Swim schools maybe permitted inthese RESIDENTIAL zonesby
temporaiy usepermitonly.Ata minimum,thefollowing standards shallapply:
SECTION 13.The Zoning Ordinance,Chapter II.Section 11.04 (Multi-Family Residential
Zoning Districts -UsesSubjectto Temporaiy UsePermit)ishereby amended asfollows:
A.Day Care Center for the Care of More Than Five(5)People:Adaycare center for
thecare of morethanfive(5)peopleispermittedbytemporaiyusepermitonly.Aday
carecenterforthecare of morethanfive(5)people maybeoperatedintheseMULTI-
FAMILY RESIDENTIAL ZoningDistrictswiththefollowingminimal stipulations:
5.Anyoperation of aDayCareCenterpriorto6:00A.M.andafter8:00P.M.ispermitted
onlybyA SEPARATE SpecialUsePermit.
9.AnyDayCareCENTERFacilitywithaswimmingpoolorotherapplicablebodyofwater
asdefinedinSection 5t(10)t(C)t ofthisordinancemustmeettherequirementsforapool
enclosure described in that Section.
10.AnyDayCareCenter,whichcaresformorethan \~\ve (5)people,shallbeREQUIRED
TOHAVEAVALIDTOWNBUSINESSLICENSEANDBElicensedbytheState of
Arizona.
B.Bed and Breakfast:Bedand Breakfast operations maybe permitted intheseMULTI-
FAMILY RESIDENTIAL zonesby Temporaiy UsePermitonly.Ata minimum,the
following standards shallapply.
C.Model Homes:ModelHomesmaybe permitted ina MULTI-FAMILY residential area
by Temporary UsePermitonly.Inthereviewforamodelhome,thestaff,andif
necessary,theTownCouncil,mayconsiderlighting,landscaping,hours of operation,
signage,parking,duration,andneighborhoodimpact.AsATaminimum,thefollowing
standards shall apply:
1761014.2
Themodelhomeshallbeforthepuipose of marketingthe construction of customhomes
or a tract subdivision HOMESwithagivenproductlineinFountainHills.Amodelhome
maynotbeusedasanofficeforthe marketing of developed property,orthe marketing of
property outside of Fountain Hills.
AN OFF-STREET PARKING SPACE FOR EACH PERSON STATIONED ON SITE,
PLUS TWO (2)SPACES SHALL BE PROVIDED.PARKING LOTS FOR MODEL
HOMES MAY BE LOCATED ON AN ADJACENT LOT OWNED BY THE OWNER
OF THE MODEL HOME.
Master-Planned Village Sales and Information Center:The developer of amaster-
planned village over 200 contiguous acres,may operate an information/sales facility A
MASTER-PLANNED VILLAGE SALES AND INFORMATION CENTER within a
residentially zoned areaby temporary use permit only.Inthereviewfora master-planned
village salesAND /information center temporaiy use permit,thestaff,andif necessary
theTown Council,mayconsider lighting,landscaping,hoursof operation,signage,
parking,duration,and neighborhood impact.As-ATa minimum,the following standards
shall apply:
Thecentershallbeforthe purpose of marketing the specific master-planned village,the
saleoflotsinthe master-planned village andthe distribution of material concerning the
attributesoftheTownandsurroundingareas.Theofficemaynotbeusedasanofficefor
thesalesof houses,the resale oflots,subdivisions with model homes,nor property
outside ofthe master-planned village.The master-planned village is permitted asan
accessory use ONLY IF THE MASTER-PLANNED VILLAGE HAS SUCH A
COUNTRY CLUB.
8.ThereshallbealandscapebufferofatleastONE-HUNDRED-FIFTY (150)feetbetween
thesalesandinformationcenterandanyoccupiedresidentialstructures.
a.Landscaped areasshall include an approved mixture of drought tolerant orotherplant
materials,andorganicand non-organic ground cover materials.Landscaping shall consist
ofone(1)plant for each TWENTY (20)square feet of landscape area.At least twenty-
five (25)percent ofthe plants shall be 15 gallon orgreater plants andthe remaining
plantsmustbeatleastfive(5)gallonplants.Theapprovaloftheabovemixtureof
landscape materials shallbebythe Community Development Department staff ZONING
ADMINISTRATOR withappealtothePlanningandZoningCommission.
SECTION 14.TheZoningOrdinance,Chapter 15.Section 15.03 (Mobile HomeDistrict-Uses
SubjecttoTemporaiyUsePermit)isherebyamendedasfollows:
A.DayCare Center fortheCareofMoreThanFive(5)People:A clay carecenter for
thecareofmorethan Wvq (5)people is permitted by temporaiy use permit only.Aday
carecenterforthecareofmorethan five (5)peoplemaybeoperatedin th4s THE
MOBILEHOMEZoningDistrictwiththefollowingminimalstipulations:
AnyoperationofaDayCareCenterpriorto6:00A.M.andafter8:00P.M.ispermitted
onlybyA SEPARATE SpecialUsePermit.
9.AnyDayCareCENTERFacilitywithaswimmingpoolorotherapplicablebody of water
asdefinedinSection 5t(10)t(C)t ofthisordinancemustmeetthe requirements forapool
enclosure described in that Section.
10.AnyDayCare Center,whichcaresformorethanfive(5)people,shallbe REQUIRED
TOHAVEAVALIDTOWNBUSINESSLICENSEANDBElicensedby the State of
Arizona.
1761014.2
Bed and Breakfast:Bedand Breakfast operations maybe permitted in these-THE
MOBILE HOME ZONING DISTRICT zones by Temporary Use Permit only.Ata
minimum,the following standards shallapply:
Model Homes:Model Homes maybe permitted ina residential MOBILE HOMEarea
by Temporaiy Use Permit only.Inthe review foramodelhome,thestaff,andif
necessary,theTown Council,may consider lighting,landscaping,hours of operation,
signage,parking,duration,and neighborhood impact.AsATa minimum,thefollowing
standards shallapply:
3.AN OFF-STREET PARKING SPACE FOR EACH PERSON STATIONED ON SITE,
PLUS TWO (2)SPACES SHALL BE PROVIDED.PARKING LOTS FOR MODEL
HOMES MAY BE LOCATED ON AN ADJACENT LOT OWNED BY THE OWNER
OF THE MODEL HOME.
SECTION 15.Ifanysection,subsection,sentence,clause,phraseorportion of thisOrdinanceis
foranyreasonheldtobeinvalidor unconstitutional bythedecisionofanycourtof competent
jurisdiction,suchdecisionshallnotaffectthevalidityoftheremainingportionsofthisOrdinance.
SECTION 16.TheMayor,theTownManager,theTownClerkandtheTownAttorneyare
herebyauthorizedanddirectedtoexecutealldocumentsandtakeallstepsnecessaiytocarryoutthe
purpose and intent of this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,Arizona,
October 4,2012.
FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO:
LindaM.Kavanagh,Mayor Bevclyn J.Bender,Town Clerk
REVIEWED BY APPROVED AS TO FORM:
Ken Buchanan,Town Manager AndrewJ.McGuire,Town Attorney
1761014.2
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
PLANNING &ZONING COMMISSION
SEPTEMBER 13,2012
ChairmanLloydPewopenedthesession of thePlanningandZoningCommissionat6:30p.m.
ThefollowingCommissionerswerepresent:ChairmanLloydPew,Vice-ChairmanAngela
Strohan,Commissioners Richard Turner and Gene Slechta,[andone open Commissioner's seat].
Alsoin attendance wereRobertRodgers Senior Planner,andJaniceBaxter Executive Assistant
and Recorder of the Minutes.Commissioner Mike Archambault could not attend due to a
familyillnessandCommissionerStanConnickwasnotabletoattendduetootherobligations.
Commissioner Archambault and Commissioner Stan Connick were unable to contact staff in
advance.
ChairmanLloydPewrequested participation inthePledge of Allegiance anda moment of silent
reflection.
ROLL CALL:
Chairman Lloyd Pew present
Commissioner Angela Strohan present
Commissioner Richard Turner present
Commissioner Gene Slechta present
Commissioner Stan Connick absent
Commissioner Mike Archambault absent
One Open Seat
CALL TO THE PUBLIC
Noone wished to speak.
REGULAR AGENDA
AGENDA ITEM #1-CONSIDERATION of APPROVING the Regular Session meeting
minutes of the Planning and Zoning Commission from Thursday,July 12,2012.
Vice-ChairmanAngelaStrohan MOVED to APPROVE theregularsessionmeetingminutesfor
thePlanningandZoningCommissiondated July 12,2012.Commissioner GeneSlechta
SECONDED.Aroll call was taken and the MOTION CARRIED 4-0,by those present.
Commissioner Richard Turner aye
Chairman Lloyd Pew aye
Commissioner Angela Strohan aye
Page1 of9
Commissioner Gene Slechta aye
AGENDA ITEM #2 -PUBLIC HEARING of a TEXT AMENDMENT to amend Section
19.05-PublicArtRequirements of theZoningOrdinance.Ifadopted,theamendmentwould
revise the options fordeveloper donations tothePublicArtFundtorequirethatsuch donations
bemadeatthetime of theBuildingPermitissuanceratherthanatthetime of Certificate of
Occupancyissuance.CaseNumber 2012-02;Ordinance 2012-04.
Robert Rodgers SeniorPlannergavethe presentation andpointedoutthatthiswasthe second
timetheCommissionhadbeenpresentedwiththisordinance.Mr.Rodgersexplainedthatthis
ordinance amendmentwasproposedduetoarequestfromtheBuildingSafetyDivisionwhois
responsible fortheinitial collection ofthepublicart fee.Mr.Rodgers addedthatthepublicart
contributions weremadeatthetime of occupancy permit approval for commercial,industrial,or
multi-family development projects.Hestressedthatstaffhashadtoholdback certificates of
occupancy afterabuildinghadbeen constructed duetotheapplicant'snothavingmetthe public
art requirement andthattenantswereoccasionallyallowedtooccupycompletedspacesbythe
property ownersbeforethe certificate of occupancy was issued.Staffhas expressed thatthis
requirement has occasionally slipped through thecracksand certificates of occupancy havebeen
issuedinerrorduetothecurrentpermittracking software's inabilitytoflagthisrequirementin
the system.
Mr.Rodgersstatedthatifthisamendmentwasapproved,theadministrativeprocesswouldbe
similartothecurrentprocessexceptthatthecollectingoftheartfeewouldoccuratthe
beginning ratherthanattheend.Mr.Rodgers pointedoutthatattherequestofthe Commission
inthe previous public hearing;a mechanism hadbeen included toallowfor reimbursement of
any donated funds orartworkintheeventoftheproject's failure tobegin construction forsome
reason.AttheMay24,2012,regularmeeting,theCommissioninitiatedthisproposedzoning
amendmentandvotedattheir June 28,2012,publichearingtorecommendapprovalsubjectto
includingarefund provision.
StaffrecommendedthatthePlanningandZoningCommissionforwardarecommendationtothe
TownCounciltoapprovethepublicartzoningordinancetext amendment,as presented.
Public Hearing Opened at6:34p.m.
Noonewishedtospeakonthis amendment.
Public Hearing Closed at 6:34 p.m.
AGENDA ITEM #3-CONSIDERATION of a TEXT AMENDMENT to amend Section
19.05-PublicArt Requirements oftheZoning Ordinance.If adopted,the amendment would
revise the options for developer donations tothe Public Art Fund to require that such donations
bemadeatthetimeofthe Building Permit issuance ratherthanatthetimeof Certificate of
Occupancy issuance.CaseNumber 2012-02;Ordinance 2012-04.
Page2 of9
ChairmanLloydPewaskedforquestionsordiscussionsfromtheCommissioners.Noone
requested tospeak.
ChairmanLloydPewmadea MOTION toforwardarecommendationtotheTownCouncilto
APPROVE thetext amendments totheZoning Ordinance,as presented and Commissioner
Richard Turner SECONDED.The MOTION passed 4-0,by those present.
AGENDA ITEM #4-PUBLIC HEARING of a TEXT AMENDMENTS of the Zoning
Ordinancetoamend Chapters 12.16.and18.If adopted,the amendments wouldrevisethe
permittedusesectionstoallowallrestaurantstohaveoutdoorseatingareasincommercialor
lodgingzoningdistricts.The amendment wouldalso eliminate the requirement thatoutdoor
seatingareasbefenced if noalcoholisservedandtherearenopublicsafetyissues.Case
Number Z2012-04;Ordinance 2012-05.
RobertRodgers,Senior Planner gavethe presentation andpointedoutthatthiswasthesecond
timethe commission was presented withthis ordinance amendment.Mr.Rodgers pointed out
that staff hadreceivedalot of inquiriesfromlocal restaurants aboutthe possibility of creating
outdoor seatingareasfortheir customers touseduringthe cooler months.Mr.Rodgers
explainedthatcurrentlytheTCCDzoningdistrictwastheonlydistrictthatpermittednon-
enclosed outdoor seating areas.Mr.Rodgersaddedthatthis ordinance amendment wouldallow
restaurantsinanycommercialorlodgingdistricttocreateon-siteoutdoorseatingareaswithout
requiringthebusinesstoenclosethepatioorthat they obtainaspecialusepermit.Mr.Rodgers
expressedthattheamendmentwouldalsoapplytorestaurantsthatservealcoholicbeverages
subjecttothe business'stateliquorlicensealsoallowingthemtonotenclosetheiroutdoor
seatingarea.Incaseswherepublicsafetymightbecompromised;thetownwouldrequirethe
seatingareatobefencedor somehow beprotected.Mr.Rodgersnotedthatthiswastheonly
change from the previously presented proposal.
Mr.Rodgersexplainedthatthepublicsafetydeterminationwouldbemade administratively or
duringtheconceptplanapproval/buildingpermitprocess.Mr.RodgersmentionedthatADA
access requirements wouldnotbeaffected.
Staff recommended thatthe Planning andZoning Commission forwarda recommendation tothe
TownCounciltoapprovetheoutdoorseatingareazoningordinancetextamendment,as
presented.
Public Hearing Opened at6:37p.m.
Noone requested to speak.
Public Hearing Closed at 6:37 p.m.
Page3 of9
AGENDA ITEM #5-CONSIDERATION of a TEXT AMENDMENTS tothe Zoning
Ordinance to amend Chapters 12.16.and 18.If adopted,the amendments wouldrevisethe
permittedusesectionstoallowall restaurants tohave outdoor seatingareasincommercialor
lodging zoning districts.The amendment would also eliminate the requirement that outdoor
seating areas be fenced if no alcohol is served and there areno public safety issues.Case
Number Z2012-04;Ordinance 2012-05.
Chairman LloydPew asked for questions or comments fromthe Commissioners.
Commissioner RichardTurneraskedhow staff wouldknowwhich restaurants werecreating
outdoor seating without the permit process.Robert Rodgers answered that restaurant owners
wouldstillbe required to submit a proposal for staff to review over the counter and either
approveorgive recommendations on outdoor seating.Commissioner Turner was concerned
aboutparking issues being created duetothe placement of tables.Mr.Rodgers stressed that
parking and ADA issues would be addressed through this process.
Commissioner Gene Slechta supported the changes in fencing requirements,but reiterated his
objection thatthis proposed process would eliminate the ability for neighboring resident to
express their concerns duetothe lack of public hearings thatarenow available to address these
concerns.Commissioner Slechta added thatthereweretwo zoning district descriptions withtwo
sentences not found in the others that stated;
1.Provide for services tothe community that didnot interfere withthe integrity of the
surrounding neighborhood.
2.Particular attention istobepaidtothe interface between commercial and professional
usesand residential uses within the same neighborhood.
Commissioner Slechta added that CCandC-1 now require Special Use Permits for outdoor
seating because theywereso closely aligned by residential neighborhoods.He stated thatitwas
not unreasonable to allow the surrounding neighborhoods tohavethe opportunity to weigh in
throughaSpecialUse Permit process.
Commissioner Gene Slechta requested to amend the proposed amendment toretainthe original
zoningordinance language andrequireaSpecialUsePermitintheCCandC-1 commercial
zoning districts.
Commissioner Richard Turner asked staff,which werethe most neighborhood compatible
zoningdistricts.Mr.RodgersansweredthatitwasprobablytheCCzoningdistrictbecauseC-1,
C-2,C-3 were more dense.Commissioner Turner stated he agreed with Commissioner Slechta.
Commissioner Gene Slechta made a MOTION to amend the proposal to continue to retain the
SpecialUse requirement intheCCandC-1zoningdistrictsforoutsideseating.
Chairman LloydPew asked forthe MOTION tobe SECONDED.
The MOTION FAILED for lack of being SECONDED.
Page4 of 9
Commissioner Richard Turner made a MOTION to approve the proposed amendment withthe
exception of CC zoning districts.
Vice-Chairman Angela Strohan SECONDED the MOTION.
Chairman Lloyd Pew requested any questions or comments fromthe Commission.
Commissioner Gene Slechta stated he understood C-1tobemore commercial (light
commercial).
Robert Rodgers,Senior Planner recommended against the current motion because theCC zoning
districts wasnotany different fromthe other commercial districts theyallbackupto residential
districts.Mr.Rodgers pointed outthat even the downtown C-2 and TCCD zoning districts back
upto multi-family areas.Mr.Rodgersnotedthattheseareaswereno different thanthemore
dense areas.Mr.Rodgers also expressed that it would be unfair totheCCandC-1 district
commercial properties to require only those to apply fora special use permit.Sincethis
proposed ordinance includedan over-the-counter review,the proposed processwouldbe
equitableforall commercial districts.
Commissioner Turner stated that he saw the current process asnot prohibiting CCandC-1from
having outdoor seating,butshowsthereisa process that businesses gothrough.If therewere
neighborswithconcerns,theywouldhavethe opportunity toprovidetheirinput.
Vice-Chairman Strohan asked what areas would be involved.Mr.Rodgers noted that some of
the areas of Town in the CC District.
ChairmanLloydPewstatedhewasnotinfavor of thisexception.ChairmanPewpointedout
thatanyproblemwithnoisewouldfallunderthenoiseordinance.Headdedthattheproposed
zoningordinancewouldtreatthosecommercialbusinessesdifferentlyfornoreason.
Commissioner Slechtaaddedthatduringhistimeasa planner forthetown,heremembereda
SpecialUsePermitrequesthepresentedthatinvolvedarequestforextendedrestaurant/bar
hours.ThisrequestwasinaCCzoningdistrictandtherewerealot of oppositionfromthe
residents in the area.
ChairmanPewasked if the over-the-counter permitprocessincludedamechanismforresidents
towalkinand voice their concerns about outdoor seating ona particular establishment or find
outwhyapermitwasgranted.Mr.Rodgersansweredthatifsomeonewantedtochallengea
permit,theywouldhavetoappealtotheTownCouncil,afterthe fact.
CommissionerTurnerremarkedthatbyusingthespecialusepermitanditsprocess,inputfrom
theresidentscouldpossiblyresultinmodificationsorrevisionsnecessarytotheissuance.Vice-
ChairmanStrohanagreedthattheresidentsshouldhavetherighttobeheard.
No other discussion or comments were made.
Page5 of9
Chairman Pew asked forall those infavor of the MOTION (Commissioner Richard Turner
madea MOTION toapprovetheproposedamendmentwiththeacceptation of CCzoning
districts.)
Those voting in favor of the MOTION were Commissioner Richard Turner and Vice-Chairman
Angela Strohan.
Those voting nay of the MOTION were Chairman LloydPewand Commissioner GeneSlechta.
The MOTION FAILED by2-2vote.
Commissioner Richard Turner made a MOTION to continue this agenda itemuntilthenext
scheduled meeting.CommissionerGeneSlechta SECONDED the MOTION andthe
MOTION carried 4-0,by those present.
AGENDA ITEM #6 -PUBLIC HEARING of a TEXT AMENDMENTS to Chapters 2.5.9.
10.11.15.and18 of theZoningOrdinance.Ifadopted,theamendmentswouldrevisethezoning
regulations relatingtoTemporaryUsePermitstoamend,eliminate,and/orredefinethese
sectionsinordertostreamlineprocessesandeliminateunnecessarybureaucracyorduplicative
permits.CaseNumberZ2012-03;OrdinanceNumber2012-06.
Robert Rodgers gavethe presentation andnotedthatthiswasthesecondtimethe commission
was presented withthis proposal.Mr.Rodgers explained that numerous temporary use permit
regulations resided ineightseparate ordinance sectionsofsevendifferent chapters ofthezoning
ordinanceandoccasionallyduplicatedotherpermitrequirements,whichcreatedadditional
unnecessary and time-consuming procedures.Mr.Rodgers summed upthe proposed changes
thatwould significantly reducethetimeandexpensesinvolvedinacquiringand administering
permits as follows:
1.The requirement togetevent related Temporary Use Permits would be eliminated.Those
requestswouldgetSpecialEventPermits.
2.Temporary Use Permits issued through staff would be reviewed and issued
administratively.
3.Activities inthe right-of-ways or easements wouldstillbe processed through Building
Permits and Encroachment Permits.
4.AnyappealswouldcontinuetogotoTownCouncil.
Mr.Rodgers explained that these proposed changes were expected to significantly reduce the
timeand expenses involved in acquiring and administering these permits.
Page6 of9
Mr.Rodgers pointedoutthatasignificantpolicychangefromthecurrentordinancewasthat
masterplannedcommunitysalescentersmaynowbeinanysizedevelopmentratherthanonly
those with 200 acres or more.
Staff recommended thatthe Planning and Zoning Commission forwarda recommendation tothe
TownCounciltoapprovetheTemporaryUsePermitzoningordinancetextamendments,as
presented.
Public Hearing Opened at6:59p.m.
Noonerequestedtospeak.
Public Hearing Closed at6:59p.m.
AGENDA ITEM #7-CONSIDERATION of a TEXT AMENDMENTS to Chapters 2.5.9.
10.11.15.and18 of the Zoning Ordinance.If adopted,the amendments would revisethe zoning
regulationsrelatingtoTemporaryUsePermitstoamend,eliminate,and/orredefinethese
sectionsinorderto streamline processes and eliminate unnecessary bureaucracy orduplicative
permits.CaseNumberZ2012-03;OrdinanceNumber2012-06.
Commissioner Richard Turner asked how anyone would know if an event were pending.Mr.
RodgersansweredthatwiththeTown Attorney's inputintheordinance,theprocedurewouldbe
that if apermitwasappealed,staff wouldsuspenditandthenrequiretherequestedeventgoto
the Town Council fora hearing.
Vice-Chairman Strohanaskedaboutdaycarerequestsandthe notification of residents.Mr.
Rodgers explainedthatabusiness of thiskindwouldneedabusinesslicense.Home Occupation
stipulationswouldbeincludedintheprocess of issuance of thatlicense.
CommissionerGeneSlechtastatedhesupportedtheproposedamendmenttotheZoning
Ordinance.
Vice-Chairman Strohan made a MOTION to forward a recommendation to the Town Council to
APPROVE theproposedtextamendmentstoChapters2,5,9,10,11,15,and 18 of theZoning
Ordinance,astheyrelatetoTemporaryUsePermitsas presented.CommissionerGeneSlechta
SECONDED.The MOTION passed 4-0,bythose present.
AGENDA ITEM #8 -SUGGESTIONS regarding TOPICS OF DISCUSSION forthe
Thursday,October 11,2012,Town Council and Planning and Zoning Commission Joint Session.
The following topicsweresuggestedbythe Commissioners tobediscussedatthe Thursday,
October 11,2012,joint sessionwiththeTownCouncil:
1.StreetImprovementTownwide.
Page7 of9
2.Downtown Development Update.
3.Status of Economic Development Policy.
4.AnyDevelopmentProposalsonReservation.
AGENDA ITEM #9 -COMMISSION DISCUSSION/REQUEST FOR RESEARCH to
staff.Itemslistedbelowarerelatedonlytothepropriety of (i)placingsuchitemsonafuture
agendaforactionor(ii)directingstafftoconductfurtherresearchandreportbacktothe
commission.
NONE
AGENDA ITEM #10-SUMMARY OF COMMISSION REQUEST from Senior Planner.
NONE
AGENDA ITEM #11-REPORT from Senior Planner,Planning and Zoning Division of
Development Services.
Mr.Rodgers informed the Commissioners thatsix(6)applicantswere interviewed bytheTown
Council Interview Subcommittee forfive(5)openseats and theTownCouncilwouldannounce
thenewlyappointedmembersattheSeptember20,2012,TownCouncil Meeting.Oaths of
Officewouldbe administered thefollowingweek.Mr.RodgersaddedthatonOctober 11,2012,
theCommissionwouldholda joint sessionwiththeTownCouncilbeginningat5:30p.m.
followed byaregularPlanningandZoning Commission meetingthatwouldalso include the
appointment ofa chairman and vice-chairman fora one-year termandtheSign Regulations
proposed amendment
AGENDA ITEM #12 -ADJOURNMENT.
CommissionerRichardTurner MOVED toadjournandCommissionerGeneSlechta
SECONDED andthe MOTION CARRIED (4-0),by those present.
Chairman Lloyd Pew aye
Vice-Chairman Angela Strohan aye
Commissioner Richard Turner aye
Commissioner Gene Slechta aye
The regular meeting ADJOURNED at 7:19p.m.
Page8 of9
FOUNTAIN HILLS PLANNING &ZONING COMMISSION
BY:
Chairman LloydE.Pew
ATTEST:
Janice Baxter,Recorder
CERTIFICATION
I hereby certify thatthe foregoing minutes area true and correct copy ofthe minutes ofthe
meeting ofthe Fountain Hills Planning and Zoning Commission held onthe 13 day of
September 2012,inthe Town Council Chambers.I further certify thatthe meeting was duly
called and that a quorum was present.
Dated this 13th day of September 2012.
Janice Baxter,Recorder
Page9 of 9