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Home My WebLink About2020.0915.TCRM.PacketNOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Ginny Dickey Vice Mayor Mike Scharnow Councilmember Dennis Brown �IVACANT TIME: 5:30 P.M. — REGULAR MEETING WHEN: TUESDAY, SEPTEMBER 15, 2020 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Councilmember Alan Magazine Councilmember David Spelich Councilmember Art Tolis 11 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 Commission, Committee or Board members 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. REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. Town Council Regular Meeting of September 15, 2020 2 of 4 REGULAR MEETING NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3). CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey INVOCATION - Rev. Jeff Teeples, Shepherd of the Hills Lutheran Church ROLL CALL — Mayor Dickey 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A. INTRODUCTION of new Town staff members by Town Manager. B. PROCLAMATION Declaring September 17 - 23, 2020, as U.S. Constitution Week. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION on Update by Republic Services on residential and commercial service during the COVID-19 pandemic and the schedule to resume bulk item curbside pick up beginning October. B. PRESENTATION on monthly update by Maricopa County Sheriff's Office by Captain Kratzer. C. PRESENTATION on Fountain Hills Small Business Assistance Grant Program Update. 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the 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. Town Council Regular Meeting of September 15, 2020 3 of 4 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of August 24, 2020. B. CONSIDERATION OF approving budget transfers for the General Fund, Debt Service General Obligation Fund, and Capital Project Fund. C. CONSIDERATION OF adopting Resolution 2020-37 approving an Intergovernmental Agreement with the Fort McDowell Yavapai Nation relating to Proposition 202 funding. 8. REGULAR AGENDA A. CONSIDERATION OF an appointment to fill a vacancy on the Fountain Hills Town Council. B. PUBLIC HEARING AND CONSIDERATION OF Ordinance 20-14 amending the Zoning Ordinance adding a new Chapter 26, Planned Shopping Plaza Overlay. C. PUBLIC HEARING AND CONSIDERATION OF Ordinance 20-10 amending Chapter 12, Commercial Zoning Districts, by adding a new provision to Section 12.05, to allow indoor mini -storage in the C-2 zoning district under the condition of a Special Use Permit. D. CONSIDERATION OF Ordinance 20-20 proposing changes to Town Code Chapter 10, Health and Sanitation, Sections 10-2-1, 10-2-2 D., and 10-2-15 relating to property and landscape maintenance. CONSIDERATION of approving the first amendment to Cooperative Purchase Agreement C2020-065 with M. R. Tanner Development and Construction, Inc. 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. Town Council Regular Meeting of September 15, 2020 4 of 4 10. ADJOURNMENT CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this_4/ day of".4 2 0. izabeth A u e,MMC,Town Cler The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice) or 1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format.Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. Meeting Date: 09/15/2020 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett -Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett -Espiritu, Executive Assistant to Manager, Mayor/Council SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PROCLAMATION Declaring September 17 - 23, 2020, as U.S. Constitution Week. Staff Summary (Background) Mayor Dickey will be proclaiming September 17 - 23, 2020, as Constitution Week. Attachments Proclamation - September 17-23, 2020, Constitution Week Inbox Finance Director Reviewed By David Pock Town Attorney Aaron D. Arnson Town Manager Grady E. Miller Form Started By: Angela Padgett -Espiritu Final Approval Date: 08/26/2020 Form Review Date 08/25/2020 05:02 PM 08/26/2020 12:17 PM 08/26/2020 01:03 PM Started On: 08/25/2020 04:23 PM ITEM 4. B. Prodamation r a Fes; Y ' Constitution Week WHEREAS, The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 2020, marks the two hundred and thirty-third anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE, I, Ginny Dickey by virtue of the authority vested in me as, Mayor of the Town of Fountain Hills, do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK AND, ask our citizens to reaffirm the ideals of the Framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the Town of Fountain Hills, Arizona, this 15" day of September 2020. D{ K ArN Gt Dickey, Mayor Attest �� Fl za-heth X?Shrke. Town tldk rm- 1` Meeting Date: 09/15/2020 ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Public Appearances/Presentations Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language) PRESENTATION on Update by Republic Services on residential and commercial service during the COVID-19 pandemic and the schedule to resume bulk item curbside pick up beginning October. Staff Summary (Background) Representatives from Republic Services will provide the attached PowerPoint presentation on residential and commercial service during the COVID-19 pandemic and the schedule to resume bulk item curbside pick up beginning in October. PowerPoint Attachments Form Review Inbox Reviewed By Date Finance Director David Pock 09/08/2020 04:50 PM Town Attorney Aaron D. Arnson 09/09/2020 06:33 AM Town Manager Grady E. Miller 09/09/2020 07:13 AM Form Started By: Elizabeth A. Burke Started On: 09/08/2020 03:40 PM Final Approval Date: 09/09/2020 COVID-19 Municipal Update #2 Stephen Herring Manager, Municipal Sales R W REPUBLIC' �4 SERVICES Our Commitment to You • Now, more than ever, you can count on our partnership • We are working around the clock to ensure continuity of operations for your municipality • We are committed to operating this essential service for you • Business as usual is not an option; we must work together to continue to manage this unique set of evolving circumstances BEEN NINE Our commitment to serving you through the 5 R's is unwavering. Respectful. Responsible. Reliable. Resourceful. Relentless. 2 Unprecedented Global Disruptions The last three years have seen two global events that transformed our industry: • 2018 - China Sword results in China's exit from global recycling commodity markets. Economic disruption of markets and values continues today. • 2020 - COVID-19 pandemic quarantine and long-term outcomes changes the landscape of residential and commercial/industrial volumes in most every municipality across America. Multiple global events over the past 3 years have impacted the entire recycling and waste industry. 3 Challenges & Response (March - July 2020) Our Actions Durina thin Pandemic • Working from home - 90%+ of our 6000 non -frontline workforce shifted to remote work • Actively encouraging sick employees to stay home • Providing any effected employees with extra paid time off (PTO) and covering all related medical expenses • Equipping our employees with necessary personal protective equipment (PPE) • Implementing redundancy measures at our three national Customer Resource Centers s Enhanced sanitizing protocols across the operation Deep -cleaning disinfection plans in place for any of our operating locations that are impacted by COVID-19 • A well -developed system to remedy any driver shortages that might occur across our workforce • World -class procurement team able to keep teams supplied during difficult times • Temporarily suspended yard and bulk routes to ensure focus on efficient collection and disposal of MSW and recycling e rs • Our $20M Committed to Serve" initiative supported our essential employees with $400 in gift cards to be used at local businesses in communities we serve • $3M investment in our Charitable Foundation, to be allocated across three non -profits (Rebuild Together, Habitat for Humanity, and NeighborWorks America) • Flexibility with short-term service holds for impacted commercial and industrial customers Our Crisis Response Teams hold regular status and response discussions, from our Headquarters to your local Business Unit 5 Shifting Volumes from Pandemic Small and large container volumes decreased dramatically as businesses, bars, restaurants and schools closed Residential volumes increased as much as 30% during the shelter -in -place weeks. • Residents forced to remain home • More family with children home from college and school • Panic purchasing in early weeks • More e-Commerce and at-home delivery Residential volume increases drive additional costs due to routes and disposal 6 Impacts from Surge in Residential Volume Residential routes are Additional hours, drivers Up to 30% higher tonnage filling trucks faster requiring and trucks are required to and disposal costs seen due more trips to the disposal site serve some routes on time to additional waste collected from residential customers Residential rates are based on long-standing historical trends for a municipality, including average set -out volume. These COVID-related increases cause a step -change in contract economics. 7 The New Normal (Post Re -Opening Trends) The New Normal - Industry Cost Impacts New/Increased costs include: • Cleaning and sanitizing fleet and facilities • Increased amount of needed PPE • Increased disposal costs for additional residential volume • Higher bad debt from individually billed customers Additional costs will largely come from increased disposal costs and bad debt. 9 Resi Volume Trends As The Country Reopens 20.0 15.0 10.0 5.0 0.0 - - -5.0 YOY Residential Disposal Change Actual — — — Forecast ---------- --- �� 4�' Off' O'•' Off` dti dti 4 4�` �,�� '� �� Pit �a� �� 43 ��` O,' ��' 4'' Oa Residential Volumes will likely remain elevated over trailing 2-year averages by N8% • Less than 50% of public are willing to go out other than work, groceries or barber' • More employees will be afforded work from home opportunities 2 • More e-Commerce and at-home delivery 3 • Some college students electing to remain home for online learning The "New Normal" yields a long-term shift in volumes across our contracts 1 - https://www.ipsos.com/sites/default/files/inline-images/abc_Covid-19_051420_l.jpg 2 - https://www.zdnet.com/article/cfos-looking-to-make-remote-work-telecommuting-more-permanent-following-covid-19-says-gartner-survey/ i O 3 - https://www.theatlantic.com/ideas/archive/2020/04/how-pandemic-will-change-face-retail/610738/ 1 Volume Trends As The Country Reopens 20.0 YOY Residential Disposal Change 15.0 Actual 10.0 -- Forecast -------------• 5.0 0.0 -5.0 ti� yw y° yw ti° y° tia tie ,yo ,yo do ,yo ,yo ,yo ,yo ,yo ,yti ,yti ,yti by Residential Volumes will remain elevated over trailing 2-year averages by 10%+ • Less than 50% of public are willing to go out other than work, groceries or barber 2 • More employees will be afforded work from home opportunities 3 • More e-Commerce and at-home delivery 5 • Some college students electing to remain home for online learning 5 - YOY Commercial Disposal Change 0 — — —� - -10 - 15 gctual 20 _--Forecast -25 y� 1w y� 'y6 'Y0 y0 ti0 y0 ,y0 ,y0 ,y0 ,yo ,y0 ,y0 'l0 '10 ,yti titi ,�y ti� atio'�o�d°'atio'�a'�a°`,ar�e'��a`PQ`�aa,oca aao'atio3aa Small and Large Container Volumes will slowly increase, as specific segments struggle to recover, and likely not return fully • Restaurants seat half their tables 1 • Less than 50% of public are willing to go out other than work, grocery store or barber 2 • Businesses will embrace Work From Home for a good portion of their workers 3 • Hospitality / Travel and Leisure unlikely to recover until late 2021 or 2022 4 The "New Normal" yields a long-term shift in volumes across our contracts 1 - https://www.gsrmagazine.com/fast-food/trying-picture-life-restaurants-after-covid-19 2 - https://www.ipsos.com/sites/default/files/inline-images/abc_Covid-19_051420_l.jpg 3 - https://www.zdnet.com/article/cfos-looking-to-make-remote-work-telecommuting-more-permanent-following-covid-19-says-gartner-survey/ 11 4 - https://www.latimes.com/travel/story/2020-04-10/when-will-we-travel-again 5 - https://www.theatiantic.com/ideas/archive/2020/04/how-pandemic-will-change-face-retail/610738/ REPUBLIC" SERVICES We'll handle it from heref(D Stephen Herring Manager, Municipal Sales e: sherring@republicservices.com c: 602-931-9416 12 Meeting Date: 09/15/2020 ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Public Appearances/Presentations Submitting Department: Administration Prepared by: James Smith, Economic Development Director Staff Contact Information: James Smith, Economic Development Director SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PRESENTATION on Fountain Hills Small Business Assistance Grant Program Update. Staff Summary (Background) At the June 16, 2020, Town Council meeting, the Town Council approved the creation of the Fountain Hills Small Business Assistance Grant Program with $300,000 of the Town's AZCares Fund allocation in order to help businesses in Fountain Hills address the impacts of COVID-19. A complete up to date presentation will be provided to Town Council at the September 15th meeting on the status of the program, including the distributed/available funding and the impacts of these funds on our businesses. However, to provide some background, as of September 1st, staff has: • Created the grant program and its guidelines. • Provided outreach regarding the grant program through the Fountain Hills Times, the Town's website and social media sites, the Fountain Hills Chamber of Commerce and email blasts targeting businesses affected by COVID-19. • Received and evaluated over 60 grant applications. • Entered into grant funding agreements with approximately 28 businesses, which represents funding of approximately $140,000. • Completed 10 additional grant funding agreements, which are being processed by the businesses, representing approximately $50,000 in additional grant funding. In addition, staff has seven agreements that are currently being processed which will bring the total commitments of the program to approximately $225,000. It is important to note that priority for the program's funding was given to "brick -and -mortar" businesses, those with higher employee counts, and those deemed to be most affected by the pandemic. There are approximately 10 "home -based" business applications currently under review and likely to receive grant funding which would bring the total commitment of funds to approximately $250,000, or over 83% of the total allocation. Most of the grant agreements should be finalized and completed by mid -September with the grant funding committed and distributed by the end of September. Form Review Inbox Reviewed By Date Finance Director David Pock 09/01/2020 05:38 PM Town Attorney Aaron D. Arnson 09/02/2020 08:31 PM Town Manager Grady E. Miller 09/02/2020 08:51 PM Form Started By: James Smith Started On: 09/01/2020 02:59 PM Final Approval Date: 09/02/2020 ITEM 7. A. rm- 1` Meeting Date: 09/15/2020 Agenda Type: Consent TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the meeting minutes of the Special Meeting of August 24, 2020. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Special Meeting of August 24, 2020. SUGGESTED MOTION MOVE to approve the minutes of the Special Meeting of August 24, 2020. 2020.0824.TCS M . M i n utes Attachments Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 09/02/2020 01:20 PM Form Started By: Elizabeth A. Burke Started On: 09/02/2020 01:16 PM Final Approval Date: 09/02/2020 TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 24, 2020 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the Special Meeting of August 24, 2020, to order at 5:33 p.m. 2. INVOCATION - Rev. Tony Pierce, First Baptist Church of Fountain Hills Pastor Pierce gave the invocation. 3. ROLL CALL — Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Sherry Leckrone (telephonically); Councilmember Art Tolis; Councilmember Dennis Brown (telephonically); Councilmember Alan Magazine; Councilmember David Spelich Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Vice Mayor Scharnow gave an update on the wildfire that occurred over the weekend, and thanked everyone involved in getting it extinguished. Mayor Dickey clarified that on December 3, 2019, the Town Council approved the listing of meetings that would be held during 2020, and the Special Meeting of August 24, 2020, was included on that list. She said that the Town Council usually takes a break during July and the first part of August, and the August 24, 2020, meeting was considered a Special Meeting because it had to be held on Monday, versus the regular Tuesday schedule, due to timing restrictions for canvassing the election results of the August 4, 2020, Primary Election. She said that she had requested that the red light camera item be moved to the beginning of the Regular Agenda which had been done, but she was going to move both items 8H and 81 to the beginning as well since they were all traffic safety related. Mayor Dickey congratulated Gerry Friedel, Peggy McMahon and Sharron Grzybowski on their successful election to the Town Council, noting that they would be seated at the first meeting in December. She reported that the Parks Trails and Master Plan Committee currently has an Vision Fountain Hills survey out and she encouraged residents to participate. She reported on ongoing Zoom meetings, including MAG, the Canadian -Arizona Group, and GPEC. She noted that the Town has a new Economic Development and Tourism Specialist who comes from GPEC. Mayor Dickey recognized Raymond Rees, recent Facilities Manager, who retired after almost 20 years with the Town. She thanked him for his many years of dedicated service. Town Council Special Meeting of August 24, 2020 2of13 She reported on the Together We Care, student -led march that took place, noted the recent Chamber Gala and COVID testing. She said that there have been improvements made with the County and Town staff in the way of community information, and the COVID numbers are moving in the right direction. She asked everyone to continue using masks and following the social distancing guidelines. Mayor Dickey said that it has been a rough time for many and resources are coming on line every day. Mayor Dickey also said that the Town heard the community input with regard to the wildfire and they have talked about letting people know they are aware of a situation. They have been clarifying the roles and process for communicating news better in the future. She said that they did have information on the website and if people want to contact the Council or staff they can call or e-mail. She said that some on Council are not on social media so it is not a reliable way to reach them; it is better to call or e-mail the Council. She said that she was sorry that people were worried and they are working to prevent that in the future. Councilmember Magazine underscored the importance of participating in the Vision Fountain Hills survey, adding that it is very important they get as much participation as possible. He asked that anyone that is a member of an organization, to help spread the word about the survey. A. PROCLAMATION August as Child Support Awareness Month Mayor Dickey read a proclamation proclaiming August as Child Support Awareness Month. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. FY20 Financial Update Mr. Miller stated that during the budget adoption process this year staff promised to begin providing periodic budget report presentations to the Council, and this was the first of such presentations. Finance Director David Pock then gave a PowerPoint presentation which addressed: FY20 FINANCIAL HIGHLIGHTS Councilmember Leckrone joined the meeting telephonically at 5:55 p.m. Councilmember Magazine asked about vacation rentals and if staff had any idea of how many they had in Town. Mr. Pock said that they have an agreement with AirBnB, and they are still trying to iron out the kinks in the statutes. At this time they do not get any breakdown. Councilmember Magazine said that he knows that they have regulations, and asked if they could count the number of business licenses. Mr. Pock said that they currently cannot require a business license for vacation rentals. STATE SHARED REVENUES INCOME TAX HURF Town Council Special Meeting of August 24, 2020 3 of 13 VLT Mr. Pock said that staff will provide this type of review every quarter. Councilmember Magazine said that he is concerned about worst case --if COVID-19 has a second wave or the flu hits. Even though they have made some "guestimates" he would like staff to look at those that could constitute worst case, should they occur. Mr. Miller said that they have been doing that, and they have been good stewards of the public's monies. He said that in early July the Town received $2.9 million in CARES funding, and they are providing $300,000 in small business assistance grants. The balance of those funds are being used to stabilize the budget, and if they need to they can use it to get through. If they end up with any excess, his recommendation would be that it go into either capital or streets. 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-43 1. 01 (H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the 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. None 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Mike Scharnow to approve Consent Agenda items 7-A through 7-C. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of June 16, 2020; the Regular Meeting of June 16, 2020; and the Special Meeting of June 19, 2020. B. CONSIDERATION OF adopting Resolution 2020-35, abandoning a portion of the 10' Public Utility and Drainage Easement at the rear of Plat 505A, Block 2, Lot 9. (EA 2020-06) C. CONSIDERATION OF Ratification of grant application submittal for Diamonds Back Youth Field Lighting at Four Peaks Park. 8. REGULAR AGENDA A. CONSIDERATION OF Resolution 2020-36 declaring and adopting the results of the Primary Election held August 4, 2020. Town Council Special Meeting of August 24, 2020 4 of 13 Town Clerk Elizabeth Burke briefly reviewed the results of the Primary Election held on August 4, 2020, in conjunction with the statewide Primary Election. She noted that they had a 52.23% voter turnout which is good for a primary. Vice Mayor Scharnow noted that he lives in the precinct that had the highest voter turnout of 54.343%. MOVED BY Councilmember Sherry Leckrone (telephonically), SECONDED BY Vice Mayor Mike Scharnow to adopt Resolution 2020-36. Vote: 7 - 0 Passed - Unanimously B. CONSIDERATION OF Photo Enforcement at the Shea and Palisades intersection. Mr. Miller said that the item before Council is one of three traffic -related matters to be considered. Some remember the tragic situation a few years ago wherein four pedestrians near Fountain Park were visiting from out of state and were hit and killed by a reckless driver. Six months later there was a jogger hit and killed on Palisades due to glaring sun. Just recently they had a person wanted for a warrant out of state driving north on Palisades and crashed into a home. He said that people are upset about traffic issues in Town, so about 18 months ago a subcommittee of the Council came together to discuss traffic safety and identify ways to make improvements. He said that there have been a number of improvements completed with the LED stop signs, grants for sidewalks, and the installation of rumble strips. He said that in June a number of these were considered and Council directed staff to bring these back for formal action at tonight's meeting. Public Works Director Justin Weldy said that trying to secure information from the two vendors was challenging to say the least. He said that this was brought before the committee and then brought to Council. The intersection at Palisades and Shea, where southbound Palisades turns right onto westbound Shea prohibits right turns on red due to the high speed on Shea. He said they have had four accidents on the corner over the past two-year period, but he does not know whether they were related to right turns on red. He said that there were two options when looking at photo radar. For just a photo radar for right turns, one offers a turnkey operation where they build it, install it, and do all the necessary work. Prior to a final action to send a citation it requires a post certified law enforcement officer (MCSO) to take a look at the photo to verify, in fact, that they actually ran the red light. He said that it is difficult to arrive at a final cost; it is somewhere around $3,500 to $4,500 a month. All fees collected are then forwarded through the court system for processing. He said that the court administrator was present if they should have any questions. He said that the other vendor asks that the Town provide all of the infrastructure up front. They do not offer the services, but gave the Town options. They have IGA's with neighboring agencies, such as Scottsdale, Mesa and Tempe. They do not know the cost to install; they do not know the final cost. He said that they have not entered into an agreement. He said that there are a considerable amount of options they would not be aware of until they issued a Request for Proposals (RFP). They could do a direct select, or they could do nothing at all. It is all based on direction from the Council this evening. Town Council Special Meeting of August 24, 2020 5of13 The following individuals addressed the Council: Greg Johnson; Shawn Dow; Dina Galassini Comments included: -There are many reasons to oppose it. -The residents are not going to like it. -It usually fails. -This is an industry designed to make money. -For the last 12 years he has flown around the country opposing these lights. -He has learned that the ticket is issued to the car, not the driver. 50% will be issued to the wrong person. -In LA, they showed the accident data --they increase accidents by 400%. The same in Tempe and Tucson. -They are putting the residents' lives and properties at risk. -Lawsuits are filed from violating constitutional rights. -He has put 18 politicians in prison over this program. Fountain Hills residents have helped take these people down. -This company has merged and changed its name. It is a global enterprise and can live monitor, track and survey. •300,000 trucker jobs will be lost and they will have driverless autos. -They can manipulate the timing sequences. Ms. Burke indicated that the following individuals had submitted written support for the cameras: Jerry Butler, Peggy Yeargain, Ted Blank, and Kathleen Butler. Mr. Weldy said that there would be no manipulation of the timing, outside of the traffic engineer that sealed the plans. The Town would not allow that. Councilmember Magazine said that there have been a number of charges made about the companies providing this service. He asked staff if they had done their due diligence. Mr. Weldy said that he attempted to get as much information as possible, but it is challenging. All of the information provided was attached to the staff summary. He said that if they did an RFP they could garner additional information. Councilmember Magazine said that he does not read Facebook, but many do. He did receive an avalanche of a -mails and some suggested permanently putting an officer on that corner. He asked for Captain Kratzer's thoughts on that suggestion. Captain Kratzer said that it is not possible. It would take up a large amount of resources and it would not be fair to the residents to dedicate that much to one area. Councilmember Spelich said that he was 100% for the camera until he started doing his research. Having a 24 year career in law enforcement, he thought he knew what they were. Many think it is just a photograph of a license plate and drivers, but it runs 24/7. There will be a record of the person driving the car as well as license plate information. He said that when 9/11 happened, numerous federal agencies did not communicate with each other and they put together a conglomerate, a fusion center, in all major areas. They used red light cameras and speed cameras to track wanted people. He said that he finds that troubling and it started turning him away from this idea. He said that the companies have the sole right to all of the information and can share that information with whomever they please. Captain Kratzer said that another concern with placing an officer at this location is that there is no discreet location to place an officer. Town Council Special Meeting of August 24, 2020 6of13 Mayor Dickey said that what is being talked about is not what was in the packet. It was at the discretion of the client. She was of the impression that it would be a picture, and the Town could make the decision. She does not think that anyone would be in favor of 24-hour surveillance. Mr. Miller said that it was his understanding that the Town would have more control. Councilmember Tolis asked how many accidents they have had in the last two years at Fountain Hills Blvd. and Shea. Mr. Weldy said that he did not have that information present, but it is the Town's highest crash data intersection. Mr. Miller said that they were saying there have been four accidents in the last two years related to the right -turn lane; there have been over twenty. Councilmember Tolis said that is what is happening. These companies are using surveillance cameras, used to track people, and there are other revenue sources for those cameras being in place. He did not think it was necessary. Councilmember Brown said that he had the most interesting phone calls from residents. He asked how much they really know about these cameras. He said that they have heard from three people in the last fifteen minutes. His recommendation is to get the citizens in Fountain Hills that know more about the cameras (and he is on the committee) to hold an open house and look into alternative systems, other than cameras. Vice Mayor Scharnow said that his basic question is whether they have an issue; the accident data is low. It is frustrating to see others turn when they should not, but he tends to agree with the majority --they need to look at other solutions. He suggested that perhaps they need additional signage on Palisades, or possibly an acceleration lane, although that would probably be cost prohibitive. Mr. Weldy said that the sight -line distance is only part of the challenge. They have two right-hand turns and if there is a larger vehicle blocking the sight, they may not merge into westbound traffic. Vice Mayor Scharnow suggested that they consider having the area included in the safety corridor. Councilmember Magazine said that he came into the meeting tonight 100% in favor, and he thanks the committee for the work they have done on the issue. They did not have a lot of the information needed tonight and a number of charges have been made. They could 1) turn it down; 2) look for alternatives; 3) carefully read or listen to comments made; and 4) develop an RFP that would address some of the questions. Councilmember Tolis said that he believes that he has heard enough. There are other needs in Town, such as vacancies, and he would like to reject the idea and not put in more time and effort. Councilmember Leckrone said that she agreed with everything that has been said. Also, she said, if MCSO had to take on the task of reviewing videos, she wondered if that would increase the cost of their contract. MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember Sherry Leckrone (telephonically) to direct staff to work with the Council Committee on Traffic and Pedestrian Safety in reviewing and recommending other alternatives to photo enforcement at this location. Vote: 7 - 0 Passed - Unanimously Town Council Special Meeting of August 24, 2020 7 of 13 Discussion/consideration was then had on Items 8-H and 8-I. (See those sections for respective minutes). C. CONSIDERATION OF Approving the 2020 Resolutions proposed by the Arizona League of Cities and Towns. Mr. Miller said that annually the Arizona League of Cities and Towns seeks proposed resolutions from municipalities through the League's policy committee process. The proposed resolutions are discussed at the policy committee level before going to the League's Resolution Committee. After review and discussion by the Resolutions Committee at the annual League Conference, the proposed resolutions go before the League's membership at the annual business meeting for its consideration and approval. Adopted resolutions have traditionally formed the basis for the League's legislative agenda to be pursued during the next session of the Arizona State Legislature. This item had been placed on the Council's agenda for input and possible approval of the proposed resolutions. Vice Mayor Scharnow read Rick Melendez's letter of support. MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Mike Scharnow to approve the resolutions as presented. Vote: 7 - 0 Passed - Unanimously D. PUBLIC HEARING AND CONSIDERATION of adopting Ordinance 20-13 amending the Town of Fountain Hills Zoning Ordinance, Section 1.12 by changing the definition of dwelling unit, Section 5.06 G regarding large accessory structures, and Section 10.02 A. 13. regarding guest houses. Mayor Dickey opened the Public Hearing. Development Services Director John Wesley said that this item came out of the annual Council Retreat, to allow kitchens in guest houses. He then gave a PowerPoint presentation which addressed: BACKGROUND PROPOSED AMENDMENTS - DWELLING UNIT Current Dwelling Unit Proposed Dwelling Unit PROPOSED AMENDMENTS - GUEST HOUSE Section 10.02 A 13 Proposed - eliminate requirements from this section, but include "provided that it shall not be used for any commercial or nonresidential uses, AND IS NOT OWNED SEPARATELY FROM THE PRINCIPAL BUILDING." PROPOSED AMENDMENTS - LARGE ACCESSORY BUILDINGS Section 5.06 G - Large Accessory Buildings OPTIONS Councilmember Magazine asked how close a detached structure can be to another property. Mr. Wesley said that it has to meet the same requirements of that respective zone. Councilmember Magazine asked if it could be used for an Air B&B. Mr. Wesley replied that it Town Council Special Meeting of August 24, 2020 8of13 would; and the Town could not prohibit it. Councilmember Brown said that it does not matter if it is a guest house or a house; they have to meet the setbacks specified. Air B&B has made it mandatory that they cannot party in a house; that is a big change. He said that Mr. Wesley has spent hours of time on this and it is amazing. He thanked him for all of his efforts. MOVED BY Councilmember Dennis Brown (telephonically), SECONDED BY Vice Mayor Mike Scharnow to adopt Ordinance 20-13, with the added language "and is not owned separately from the principal building." Vice Mayor Scharnow asked, if all of the other requirements are met, could an existing guest house be retrofitted. Mr. Wesley replied that it could. D.L. Mary asked, if they are going to allow Air B&B, why would they restrict a homeowner from renting a unit out longer term as a supplemental means of income. Mr. Wesley said that as they looked across the country, this is one way they have done it. If the Council would like to go that way, they could look into it. Councilmember Tolis said that people that have a guest house, it is probably commonplace to meet the parking requirements. MOVED BY Councilmember Art Tolis, to amend the motion to allow for a homeowner to rent the property for Air B&B or have a qualified rental for a longer term use. Motion failed for lack of a second. Vice Mayor Scharnow said, to Councilmember Tolis' point, the idea of a longer term lease needs further research from staff, and it could be taken up at a future meeting. Councilmember Brown said that he agreed. Vote: 7 - 0 Passed - Unanimously E. CONSIDERATION OF approving Cooperative Purchase Agreement 2021-005 with A&H Painting for painting the buildings in the Town Hall complex. Mr. Miller said that this item had come before Council in the past and Councilmember Spelich had questioned the specs and paint. Due to a number of concerns raised and the cost, he withdrew the item and said staff would bring it back at a later date. He said that Councilmember Brown was instrumental, using his contacts, and staff was able to receive new bids, saving the Town approximately $114,000. MOVED BY Councilmember Dennis Brown (telephonically), SECONDED BY Councilmember David Spelich to approve the contract with A&H Painting Inc. Vote: 7 - 0 Passed - Unanimously Vice Mayor Scharnow said that it seems like a huge discrepancy for the four bids. Mr. Weldy said that he was part of the small committee that reviewed these, and the individual with the highest dollar amount had to bring his crews in from California, which is what drove up their costs. Ed Stizza, Fountain Hills, said that the last time his bid was $460,000; he did not submit a bid Town Council Special Meeting of August 24, 2020 9of13 this time. He walked every inch of the property and there is no way they can do all of the work for that amount of money. Mayor Dickey asked Mr. Stizza if he could stay after and speak with Mr. Miller. F. CONSIDERATION OF approving Professional Services Agreement 2021-001 with Visus Engineering Construction Inc. to complete the Fountain Hills Blvd. Shoulder Paving Project. Mr. Weldy said that about a year ago the Town had used federal grant money through MAG, and ADOT was the project manager. They started working on the west side of Fountain Hills Blvd. and the firm found there were issues with utilities not located in the right place. ADOT was only able to do one half of the project. He said that staff has been waiting for a close out from ADOT, and gave a thorough presentation to Council on May 19. At that time Council chose to do a sealed bid. He said that Visus was under contract with ADOT last year and the amount they submitted was $612,000, including a $50,000 owner's allowance. Mayor Dickey noted that the Town may be getting $200,000 to $300,000 back from ADOT toward this. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Art Tolis to approve Professional Services Agreement 2021-001 with Visus Engineering Construction Inc. in the amount of $612,000.00 (includes $50,000.00 for owners' allowance). Vote: 7 - 0 Passed - Unanimously G. CONSIDERATION OF awarding a professional services agreement with Blucor Contracting for the replacement of the Panorama Drainage Pipe and approving the associated budget transfer for FY 20-21 in the amount of $309,000. Mr. Weldy briefly reviewed the history of this item, noting that Wood Patel had previously been selected to do the design and bids were then received, with Blucor Contracting being the recommended firm. He said that there will be some challenges with monsoon season quickly approaching and a short construction contract (45 days). He said that they plan to be in and out, with some disruptions around the outer ring of Fountain Park. They will keep at least one side of Panorama open. He said that not only staff but Councilmembers are under criticism about the roundabout and traffic restrictions. They will have traffic challenges with this project as well. Vice Mayor Scharnow said that there was an owner's allowance of $205,000, 10% of the project, and asked if that was typical. Mr. Weldy said that it was typical for this size of a project. MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember Sherry Leckrone (telephonically) to approve Professional Services Agreement 2021-004 with Blucor Contracting, Inc. in the amount of $2,005,410, an owner's allowance of $205,000, and the associated budget transfer for FY 20-21 in the amount of $309,000. Vote: 7 - 0 Passed - Unanimously Town Council Special Meeting of August 24, 2020 10 of 13 H. CONSIDERATION OF adopting Ordinance No. 20-15 amending the Town Code, Chapter 12, Traffic, Section 12-2-2, Traffic Control Devices; Speed Limits, to lower the speed on Palisades Boulevard between Shea Boulevard and Golden Eagle Boulevard, from 45 MPH to 40 MPH. Mr. Weldy said that this item was also a recommendation from the Pedestrian Safety committee members, to decrease the speed limit between Shea and Golden Eagle from 45 MPH to 40 MPH. The following individuals addressed the Council: Greg Johnson; -Allen Fossenkemper Comments made included: -In looking at various speeds at a given location, they should use the 85th percentile which takes into every consideration as to why a person drives a car at certain speeds. -Staff should do their homework and take the time. -Residents of Fountain Hills are exhausted as all Americans with six months of lockdown. -This speed limit has been in place for so long he does not see it changing the actions of the drivers, unless they put a huge sign in the middle the street. -He just does not see the justification for changing it. A break was taken from 7:24 p.m. to 7:32 p.m. At this time, Ms. Burke read statements from the following individuals from the following individuals opposed to changing the speed limit: Robert Vonderhaar, Richard Rutkowski, MD; Schmit; Ron Smith; Robert Lewandowski; Dustin Elliott; D.L. Mary. She also noted that Karl Buschman had left a note in support of changing the speed limit. Mr. Miller noted that staff has been using the 85th percentile. Mr. Weldy said that they do reference that, and during a seven-day study they collected the following information: TIME PERIOD LOCATION # VEH. 85% 02/24/01 - 03/01/201 Palisades, 580 feet south of Sunflower (N/B) 22,011 54 MPH 02/24/20 - 03/01/20 1 Palisades, 580 feet south of Sunflower (S/B) 51,558 50 MPH 05/13/20 - 05/19/20 Palisades, south of Sunridge (N/B & S/B) 157,485 47 MPH 05/13/20 - 05/19/20 Palisades, north of Shea (N/B & S/B) 68,290 51 MPH Councilmember Magazine said that he tries to pay attention when driving in that area, driving at 45 mph, and people go around him. He is not sure he understands the logic in reducing it. It does not make sense to him. Mayor Dickey said that there are residents having a hard time getting out of Sunflower onto Palisades; they wanted a four-way stop sign. She said that it was not a number pulled out of a hat --it was a compromise in trying to make things safer. Councilmember Magazine said that he did not know what difference it makes if they do not have any enforcement. As far as he is concerned, they should make the entire road a safety corridor. Mr. Weldy said that the design speed was set at 40 mph when the engineer designed it. He said that historically they will set either above or below the design speed, based on the conditions. In this case, it warrants a 45 mph. The 85th percentile is what drives good design Town Council Special Meeting of August 24, 2020 11 of 13 and engineering design. Vice Mayor Scharnow asked if it was good design to have different speed limits on a road like that. Mr. Weldy said that there are numerous considerations given such as design speed, side traffic, pedestrian traffic, retail traffic, realignments, vegetation. Vice Mayor Scharnow said that he knows they had several meetings discussing this. He said that there has been some work done on the medians and the side areas, cutting back vegetation. He is having second thoughts with lowering the speed. This last year Saguaro was like a raceway and with increased enforcement they had a lot of tickets given out. It is a lot different now. They could direct them to focus on Palisades. Mr. Weldy said that there is enforcement on Palisades. Councilmember Tolis said that he thought they have done an excellent job, and will continue to make improvements, such as with the rumble strips and lit stop signs. He feels like today was a work session and he was shocked by the amount of time they have put into the issues. They have an identity crisis. If they look at reducing speeds and start looking at Fountain Hills as a retirement community, it will take even longer to get to downtown. He drives on Palisades and he sees no changes necessary. Mr. Weldy thanked Councilmember Tolis for his positive comments, noting that he was just one of a very small team based on direction given from Council and the Manager. Councilmember Spelich said that he agreed with Councilmember Tolis and Vice Mayor Scharnow; the speed limit should stay the same. Enforcement should be the key. He said that he was one of those that complained about the speed on Saguaro and with the strict enforcement he saw that drop dramatically. Also, Capital Kratzer said that there is a special outside traffic unit that perhaps they could have enforce that area. Mayor Dickey said that she does not think it is a bad reputation that it is a safe place. When the committee talked about these things, they considered things other than just accidents. When there is so much pedestrian traffic, speeding is a big issue. A lot of people wanted them to do this. Two months ago the Council unanimously moved to direct staff to bring these back for action. She does not think that the Town's reputation would suffer if they had lower speed limits, and focusing on safety does not take away from economic development. Vice Mayor Scharnow said that none of the recommendations were brought up as revenue generators. The committee acted in good faith. No action was taken on this item. CONSIDERATION OF approving a Safety Corridor Program and doubling of fines for speeding and other traffic offenses within the Safety Corridors. Mr. Weldy said that this item is also a recommendation of the subcommittee, to provide for safety corridors in Town, as identified by engineering and data analysis. The intent is to educate and inform drivers. He said that in his haste to get the item in the agenda, he did not crop the sign that was included. These signs would not include "zero tolerance" as that creates a challenge for law enforcement and takes away their abilities for judgment. After lengthy discussion, it was suggested that the safety corridors be as shown in the packet, with the following changes: Saguaro's would run from Desert Vista to Grande; Palisades Town Council Special Meeting of August 24, 2020 12 of 13 would extend from Saguaro to El Lago. Councilmember Spelich said that law enforcement should have the discretion. He is in favor of a safety corridor, but he would like the wording to indicate that the fines MAY be doubled. He believed that the discretion should fall with the judge, as the judge has the ability to request a driver abstract. Councilmember Tolis said that the discussion feels like a Work Session; he did not think they had a consensus. Councilmember Spelich asked if they could agree that they should have designated areas that are these zones, and then come to a better understanding with the committee to delineate exactly what streets. MOVED BY Councilmember Alan Magazine, SECONDED BY Mayor Ginny Dickey to approve adoption of safety zones as amended to be: Saguaro, from Desert Vista to Grande; Palisades from Saguaro to El Lago; and Fountain Hills Blvd. from El Lago to Palisades. Vote: 5 - 2 Passed NAY: Councilmember Art Tolis Councilmember David Spelich 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. None 10. ADJOURNMENT The Special Meeting of the Fountain Hills Town Council held August 24, 2020, adjourned at 8:57 p.m. MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk Town Council Special Meeting of August 24, 2020 13 of 13 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 24th day of August, 2020. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of September, 2020. Elizabeth A. Burke, Town Clerk ITEM 7. B. Meeting Date: 09/15/2020 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving budget transfers for the General Fund, Debt Service General Obligation Fund, and Capital Project Fund. Staff Summary (Background) Throughout the fiscal year it is sometimes necessary to transfer funds from one budget account to another. In most cases, if the funds to be transferred are within the same department, the budget transfers can be made administratively without the need to request Town Council approval. The Finance Department is requesting the following budget transfers which require Town Council approval: • $500 from General Fund Finance Administration (FINAD) to the Debt Service -General Obligation Fund (DSGO). This is a reconciling transfer needed to cover the final year of Trustee administration fees for the General Obligation bonds retired on 7/1/2020. • $4,500 from General Fund General Government (GENAD) to General Fund Town Clerk Administration (TCAD). This is a reconciling transfer needed to cover the cost of reprinting Voter Information Pamphlets with COVID-19 information. • $170 from General Fund General Government (GENAD) to General Fund Legal Attorney (LEGAT). This is a reconciling transfer needed to cover the cost of the Public Defender's final FY20 invoice. • The following CIP transfers are necessary to reallocate the budget transfers approved on 6/16/20 for S6051 and on 8/24/20 for D6058: • $175,000 from Capital Projects Fund Contingency (CIPAD) to Capital Projects Fund Project S6051 (CIPST). Budget transfer to replace authority used for Panorama Storm Drain Project D6058. • $75,000 funding transfer from Capital Projects Fund S6062 (CIPST) to Capital Projects Fund Project D6058 (CIPSTO). This moves the funding transfer from the AOTF/Verde River Intersection Project to the Panorama Storm Drain Project. Related Ordinance, Policy or Guiding Principle Town Council approved financial policies and best practices. Risk Analysis If not approved, the budgets for the Town Clerk and Legal Services Divisions, the Debt Service General Obligation Fund, and the Capital Projects Fund will be exceeded. Recommendations) by Board(s) or Commission(s) N/A Staff Recommendations) Staff recommends approval of the budget transfers. SUGGESTED MOTION MOVE to approve the attached budget transfers as requested. Fiscal Impact Fiscal Impact: $500 Budget Reference: Funding Source: FINAD If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Fiscal Impact: $4,500 Budget Reference: Funding Source: GENAD If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Fiscal Impact: $170 Budget Reference: Funding Source: GENAD If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: TCAD DSGO Budget Transfers LEGAT Budget Transfer S6051 Budget Transfer Attachments Form Review Inbox Reviewed By Date Finance Director (Originator) David Pock 09/01/2020 10:08 AM Town Attorney Finance Director (Originator) Town Attorney Town Manager Form Started By: David Pock Final Approval Date: 09/02/2020 David Pock David Pock Aaron D.Arnson Grady E. Miller 09/01/2020 05:32 PM 09/02/2020 01:57 PM 09/02/2020 08:33 PM 09/02/2020 08:59 PM Started On: 08/26/2020 08:18 AM 08/12/2020 11:31 TOWN OF FOUNTAIN HILLS Ip 1 BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF bgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR YEAR -PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2020 12 418 06/30/2020 BUA EOY ADJ 1 8 1 FINAD 6402 FIN-ADMIN PROFESSIONAL FEES 100-10-10-105-100-0106-6402- DEBT SVC ADMIN FEE 2 DSGO 9040 GEN OBLIG BD DEBT SERV ADMIN FEES 510-60-10-105-000-0410-9040- DEBT SVC ADMIN FEE 3 TCAD 6415 CLERK-ADMIN ELECTION EXPENSE 100-10-10-103-100-0106-6415- ELECTION OVERAGE 4 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 100-10-15-110-100-0106-7010- ELECTION OVERAGE ** JOURNAL TOTAL MAYOR 41,500.00-500.00 06/30/2020 350.00 500.00 06/30/2020 50,000.00 4,500.00 06/30/2020 18,753.20-4,500.00 06/30/2020 0.00 DATE 41,000.00 850.00 54,500.00 14,253.20 Z 08/31/2020 16:44 ITOWN OF FOUNTAIN HILLS BBogdan IBUDGET AMENDMENTS JOURNAL ENTRY PROOF LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION ACCOUNT LINE DESCRIPTION EFF DATE YEAR -PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2020 12 454 06/30/2020 BUA LEGAL 1 1 1 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 100-10-15-110-100-0106-7010- MOVE TO LEGAL 2 LEGAT 6422 LEGAL -ATTORNEY PROSECUTOR FEES 100-10-10-108-100-0155-6422- FROM 7010 ** JOURNAL TOTAL JOE=_ I I 1 lbgamdent PREV BUDGET AMENDED BUDGET CHANGE BUDGET ERR 14,253.20 06/30/2020 110,316.00 06/30/2020 -170.00 14,083.20 170.00 110,486.00 111 09/02/2020 13:38 ITOWN OF FOUNTAIN HILLS BBogdan IBUDGET AMENDMENTS JOURNAL ENTRY PROOF LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION ACCOUNT LINE DESCRIPTION EFF DATE YEAR -PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2021 01 5 07/01/2020 AOTF & LA MONTANA BUA 56051 1 2 1 CIPST 8060 56051 STREETS CAP PROJECTS STREET IMPROVEMENTS 600-40-30-302-000-1610-8060-56051 FROM VARIOUS 2 CIPST 8060 56003 STREETS CAP PROJECTS STREET IMPROVEMENTS 600-40-30-302-000-1610-8060-56003 MOVE TO 56051 5 CIPSTO 8085 D6057 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 600-40-30-304-000-1960-8085-D6057 MOVE TO 56051 6 CIPAD 7010 CAPITAL PROJECTS ADMIN CONTINGENCY 600-10-10-105-000-0106-7010- MOVE TO 56051 7 CIPSTO 4904 D6058 STORMWATER CAP PROJ TRANSFER IN 600-40-30-304-000-1960-4904-D6058 MOVE FROM 56062 8 CIPST 4904 56062 STREETS CAP PROJECTS TRANSFER IN 600-40-30-302-000-1610-4904-56062 MOVE TO D6058 ** JOURNAL TOTAL JOE=_ I I 1 lbgamdent PREV BUDGET AMENDED BUDGET CHANGE BUDGET ERR 300,000.00 300,000.00 600,000.00 07/01/2020 308,000.00-50,000.00 258,000.00 07/01/2020 500,000.00-75,000.00 425,000.00 07/01/2020 259,735.00-175,000.00 84,735.00 07/01/2020 -500,000.00-75,000.00 -575,000.00 07/01/2020 -75,000.00 75,000.00 .00 07/01/2020 0.00 Meeting Date: 09/15/2020 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF adopting Resolution 2020-37 approving an Intergovernmental Agreement with the Fort McDowell Yavapai Nation relating to Proposition 202 funding. r - Staff Summary (Background) Proposition 202 (Gaming Compact with the State of Arizona) was a ballot measure passed by the Arizona voters in the 2002 state general election and codified in A.R.S. §5-601.02. This legislation allows for distribution of funds to be solicited by cities, towns, and counties for their programs from Arizona Indian Tribes for government services that benefit the general public, which include public safety, mitigation of impacts of gaming, and the promotion of commerce and economic development. The Gaming Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns and counties in the State of Arizona. Many non-profit organizations also request Proposition 202 funding as "pass through dollars" from cities, towns, and counties to support programs within their communities. Because the legislation required that the funds be solicited by a municipality or county, the Town Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and procedures relating to the Proposition 202 application process for the procurement of funds on behalf of various entities (i.e. as a pass through for funds). The Fort McDowell Yavapai Nation has awarded a total of $15,000 for FY2020 as follows: Entities Purpose Fountain Hills Chamber of Commerce Commerce Fountain Hills Theater Mitigation/ Commerce Award Contact 10,000.00 Betsy LaVoie 5,000.00 Kiera Allen TOTAL $15,000.00 Related Ordinance, Policy or Guiding Principle Section 12 of the Gaming Compact 2002 and A.R.S. § 5-601.02; Fountain Hills Resolution 2004-34 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of this resolution approving the intergovernmental agreement. 11're][ I��l:117► L011111610 MOVE to adopt Resolution 2020-37. Res 2020-37 Inbox Finance Director Town Attorney Town Manager Form Started By: Elizabeth A. Burke Final Approval Date: 09/02/2020 Attachments Form Review Reviewed By Date David Pock 09/02/2020 11:13 AM Aaron D. Arnson 09/02/2020 08:32 PM Grady E. Miller 09/02/2020 09:03 PM Started On: 09/01/2020 07:48 AM RESOLUTION 2020-37 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION RELATING TO PROPOSITION 202 FUNDING ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreement between the Town of Fountain Hills and the Fort McDowell Yavapai Nation relating to Proposition 202 funding for promotion of tourism and other public programs (the "Agreement") is hereby approved in substantially the form and substance attached hereto as Exhibit A, incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 15th day of September, 2020. FOR THE TOWN OF FOUNTAIN HILLS: Ginny Dickey, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney Intergovernmental Agreement Between The Town of Fountain JbIls and The Fort McDowell Yavapai Nation To Provide funds for Government Services that Benefit the General Public In the Town of Fountain Hills And Surrounding Communities Pursuant To A Tribal Revenue Sharing Agreement Authorized By Section 12 Payment of Regulatory Costs; Tribal Contributions Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002, And A.R-S. § 5-601.02 Fort McDowell, Arizona Intergovernmental Agreement Between The Town of Fountain Hills and The Fort McDowell Yavapai Nation to Provide Funds for Government Services that Benefit the General Public in the Town of Fountain Hills and Surrounding Communities This Intergovernmental Agreement (this "Agreement") is entered into by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and the Fort McDowell Yavapai Nation (the "Nation"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002 (the "Compact") and A.R.S. § 5-601.02. Recitals A. The Town and Nation may enter into an agreement with one another for the distribution of 12% of the Nation's annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development and pursuant to A.R.S. § 5-601,02. B. The Nation is authorized by Section 13(A)(15) of Article V. Legislative Branch, of the Constitution of the Fort McDowell Yavapai Nation to consult, negotiate, contract, and conclude and perform agreements with Federal, state, local governments and Indian tribes, as well as any person, association, partnership, corporation, government or other private entities. C. The Town is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes for the purpose of accepting distributions to cities, towns, or counties for governmental services that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of commerce and economic development. D. The Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting public programs in the State of Arizona and specifically the Town of Fountain Hills and surrounding communities, as designated by the Nation, hereinafter referred to as the "Designated Entities", as more particularly described in Exhibit A attached hereto and incorporated herein by reference. E. The Town and Nation desire to enter into this Agreement to define the terms and conditions of the Nations' fiurding of the Designated Entities. F. The amount of $15,000.00 is hereby made available for the Designated Entities from revenue generated by the Nation's Gaming Enterprise also known as the We-Ko-Pa Casino Resort. G. The Nation intends to provide $15,000.00 (the "Funds"), which represents a portion of its contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S. § 5-601.02. Agent NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the Nation and the Town hereby mutually agree as follows: 1. Designated Entities. The Designated Entities are the Town and/or non-profit entities within the Town of Fountain Hills which operate for the public benefit in the Town of Fountain Hills and surrounding areas, as identified in the attached Exhibit A. 2. Disbursement of Funds. After receipt of the Funds from the Nation, the Town shall send a payment to such Designated Entities in the amount specified in Exhibit A as expeditiously as possible. 3. Consideration and Reliance. The Nation expressly acknowledges that the Town's promise to accept and disburse to the Designated Entities all Funds received by the Town pursuant to this Agreement is full and adequate consideration and shall render this promise to provide funding irrevocable, and this Agreement shall constitute a binding obligation of the Nation under applicable law. 4. Limited Duties of the Town. The Nation further expressly agrees that, except as specifically set forth in this Agreement, the Town has no duties under or related to this Agreement other than to receive the Funds and deliver same to the Designated Entities as set forth in Exhibit A; selection of Designated Entities and determination as to the amount of funding are solely at the discretion of the Nation. The Parties agree that there are no third -party beneficiaries to this Agreement. 5. Financing; Verification of Payment. A. Nation Deposit. The Nation shall deposit with the Town the amount of $15,004_00 within thirty (30) days of the Effective Date of this Agreement to be disbursed according the Designated Project amounts in Exhibit A. B. Verification of Payment. At the request of the Nation, the Town shall provide a verification of payment to the Designated Entities. The Town's responsibility is limited to disbursement to each of the Designated Entities and the Town has no further duty with regard to third party, provided that the disbursement is complete. 6. Inspection and Audit. To ensure compliance with the Town's limited duties herein, the Nation may inspect any and all records maintained by the Town with respect to the Project upon seven (7) days prior, written notice to the Town. This Section 6 shall survive termination, cancellation, or revocation, whether whole or in part, of this Agreement for a period of one (1) year following the date of such termination, cancellation, or revocation_ 7. Term and Termination of Agreement. A. Effective -Date. This Agreement shall be effective onthe date it is signed by the Nation's authorized representative. B. Term. This Agreement shall commence upon the Effective Date and shall terminate when the Funds have been received by the Town and disbursed to the Designated Entities. C. Termination. The Nation may terminate this Agreement with or without cause at any time prior to providing payment to the Town, provided that such notice shall be in writing and delivered to the parties' designated representatives, as set forth in the Notice section. 2 D. Cancellation. Each party acknowledges that the Town has the statutory right for three (3) years to cancel this Agreement if, while this Agreement or any extension is in. effect, any person significantly involved in negotiating, drafting, or securing this Agreement on behalf of any party is (i) an employee or agent of the other panty in any capacity, or (ii) a consultant to the other party with respect to the subject matter of this Agreement, as provided pursuant to AR.S. § 38-311. S. Indemnification. A. Indemnification. Each party shall indemnify, defend., and hold harmless the other party, its governing body, officers, departments, employees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, tosses, fines or penalties, damages, liability, interest, attorney's, consultant's, and account's fees or costs and expenses of whatsoever kind and tiature, resulting from or arising out of the negligence or willful misconduct of the indemnifying party, its employees, or agents in performing the duties set forth in this Agreement. S. Nn Liahilily_for Other Party's Debts and Obligations. Neither party shall be .liable for any debts, accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation the other party's obligation to withhold employment and income taxes for itself or any of its employees. C. Severability. This Section 8 shall survive: termination, cancellation. or revocation, whether whole or in part, of this Agreement for a period of one ( 1) year from the date of such termination., cancellation, or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case this Section 8 shalI remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this Section 8 survive more than five (5) years from the date of termination, cancellation, or revocation of this Agreement. 9. Interpretation of Agreement. A. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. & Amendment. This Agreement shalt not be modified, amended, altered, or changed except by written agreement signed by both parties_ C. Constniction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein. D. Relationship of the Parties_ Neither party shall be deemed to be an employee or agent of the other party to this Agreement. E. Days. Days shall mean calendar days. F. Severubility. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or j udicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 10. Waiver. Waiver or delay in enforcement by either party of any breach of a term, covenant, or condition contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any subsequent breach of the same or any other term, covenant, or condition contained herein. 11. Notification. Any notice, communication, or modification shall be given in writing and shall be given by registered or certified mail or in person to the following individuals. The date of receipt of such notices shall be the date the notice shall be deemed to have been given. For the Fort McDowell Yavapai Nation: Bernadine Burnette, President Fort McDowell Yavapai Nation P.O. Box 17779 Fountain Hills, AZ 85269 For the Town of Fountain Hills: Grady E. Miller Town Manager 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 Diandra Benally, General Counsel Fort McDowell Yavapai Nation P.O. Box 17779 Fountain Hills, AZ 85269 James Smith Economic Development Director 16705 E. Avenue of the Faountains Fountain Hills, AZ 85268 12. Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest, obligations, covenants, or performance under this Agreement. Any termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 13. Non -Waiver of Sovereign Immunity. Noticing in this Agreement, Exhibit A or the Funding Agreements shall be construed to waive the 'Sovereign Immunity of the Nation. [SIGNATURES ON FOLLOWING PAGE] 0 IN WITNESS WHEREOF, The Town of Fountain Hills has caused this Intergovernmental Agreement to be executed by the Mayor, upon resolution of the Town Council and attested by the Clerk of the Town, and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the Nation's Tribal Council and attested to by its Clerk. This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell Yavapai Nation. A TEST: Ver ene nos, Secretary Fort McDo;;; Nation Date ATTEST; Elizabeth Burke, Town Clerk Town of Fountain Hills Date FORT MCDOWELL YAVAPAI NATION Bernadine Barnette ��r�'� President, Tribal Council Fort McDowell Yavapai Nation TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor Town of Fountain Hills 5 The undersigned attorney acknowledges that she has reviewed the above Agreement on behalf of the FORT MCDOWELL YAVAPAI NATION, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Fort McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai Nation. Diandra D. Benally, General Counsel Date Fort McDowell Yavapai Nation In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (h) as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. Aaron Arnson, Town Attorney Date Town of Fountain Hills 6 EXIMIT A DESIGNATED ENTITY Entity(s) Purpose Award Contact Town of Fountain Hills- Commerce $10,000.00 James Smith. Chamber of Commerce Fountain Hills Theater Commerce $5,000.00 Kiera Allen TOTAL $15,000.00 ITEM 8. A. rm- 1` Meeting Date: 09/15/2020 Agenda Type: Regular Agenda TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Aaron D. Arnson, Town Attorney Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF an appointment to fill a vacancy on the Fountain Hills Town Council. Staff Summary (Background) Pursuant to state statute (A.R.S. § 9-232(D)), if a member of the Town Council ceases to reside within the Town at any time during the member's term of office, the council seat held by the member is deemed vacant. The Council must fill the vacancy by appointment, for the remainder of the unexpired term, within a reasonable time following the occurrence of the vacancy. See A.R.S. § 9-235; Town Code § 2-1-4(A), (C). There is currently a vacancy on the Council due to Councilmember Sherry Leckrone recently moving from Fountain Hills. The Council must appoint an individual to the seat for the remainder of the term, in accordance with state law and the Town Code. The appointed member will serve until the first regularly scheduled Council meeting in December 2020, when the newly elected members of the Council will assume the duties of office. See Town Code § 2-1-3. Related Ordinance, Policy or Guiding Principle A.R.S. § 9-232(D) A.R.S. § 9-235 Town Code § 2-1-4(A), (C) Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE TO appoint to the vacant Town Council seat, to serve until the first regularly scheduled Council meeting in December 2020. Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 09/02/2020 11:36 AM Finance Director David Pock 09/02/2020 11:43 AM Town Attorney Aaron D. Arnson 09/02/2020 08:30 PM Town Manager Grady E. Miller 09/02/2020 08:45 PM Form Started By: Elizabeth A. Burke Started On: 09/02/2020 10:50 AM Final Approval Date: 09/02/2020 ITEM 8. B. Meeting Date: 09/15/2020 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING AND CONSIDERATION OF Ordinance 20-14 amending the Zoning Ordinance adding a new Chapter 26, Planned Shopping Plaza Overlay. Staff Summary (Background) The portion of the Town Center bounded by Palisades on the north, Saguaro on the east, El Lago on the south and La Montana on the west is known as Plat 208. Plat 208 was approved in the County and began development prior to the incorporation of the Town. The portion of the Plat north of Avenue of the Fountains was platted with common parking areas on each block that would serve all the development so that most individual lots would not need to provide on -site parking. The property was zoned C-2 in the County. This zoning district was very similar to our current C-2 district which requires individual properties to provide their own parking and meet setback and lot coverage requirements. In Plat 208, however, variances were granted to allow the development pattern of zero lot line buildings and common parking areas consistent with the approved plat. Following incorporation, the Town adopted a zoning ordinance in 1990. This ordinance was apparently very similar to the County zoning ordinance in effect at the time. (Staff was unable to find a copy of that initial Town zoning ordinance.) As such, the C-2 zoning district continued to review on -site parking, established required building setbacks and maximum lot coverage requirements, and provided a list of uses by right and with a Special Use Permit. As additional development was proposed for the Plat 208 area following incorporation, the Town did not want to continue with the issuance of variances to allow the historic development pattern in Plat 208. To address this situation and allow the continuance of this form of development in this portion of Plat 208, the Town created and approved a zoning overlay district, called the Planned Shopping Plaza Overlay District, in 1992 and then applied that zoning district to this area through the processing of a rezoning. Among other things, this zoning designation allowed properties 10,800 square -feet or less to have 100% lot coverage and not provide their own parking, and lots larger than that to have 60% lot coverage and provide their own parking. There were also some limitations on the uses allowed through the Special Use Permit process. In 1993 the Town completed the process of drafting and adopting a zoning ordinance specific for the Town. That new zoning ordinance was adopted in November 1993. The 1993 ordinance did not include the Planned Shopping Plaza Overlay zoning designation and it is still not in our zoning ordinance today. In 1998 the Town reviewed and approved an ordinance (Ordinance 98-02) which amended the 1992 Planned Shopping Plaza Overlay district. This amendment did some things to bring the overlay district in line with the Town's 1993 zoning ordinance (referenced current section numbers) and provided for use of the common parking area for lots that were combined after January 1, 1992. The effect of this ordinance is unclear since it still was not placed into the zoning ordinance. Over the last 27 years the Town has continued to rely on the provisions of the overlay ordinance for development in this area. It has now, however, come to our attention that we are relying on an ordinance that is no longer in effect. This proposed text amendment will re-establish the overlay district by adding it to the zoning ordinance as Chapter 26. A second step will be needed to process a rezoning case to apply the zoning to specific property before it can become effective. Proposed Ordinance Attached is a copy of the previous overlay district ordinances as well as the ordinance adopting the new Chapter 26. The new ordinance has been formatted to fit into the structure of our current zoning ordinance. The standards provided in the new ordinance are very similar to the ordinances adopted in 1992 and 1998 with a few exceptions that are described below. There were two modifications to staff's draft ordinance that the Planning and Zoning Commission added to the ordinance and there is one additional modification the Planning and Zoning Commission voted to consider at a future date. The Ordinance and the modifications are described below. Chapter 26. Planned Shopping Plaza Overlay District. Section 26.01 Purpose and Intent. This is exactly as the previous ordinance. Section 26.02 Permitted Uses. The 1992 ordinance stated the permitted uses were those uses permitted in Article XIX (C-2) of that zoning ordinance and uses permitted by Special Use Permit were those uses specified in Article XXVII of the zoning ordinance. We do not have a copy of that ordinance to know specifically what those uses would have been. In the 1998 amendment, the reference was changed to the current zoning ordinance and allowed uses from Sections 12.02 B. (Uses Permitted in C-1, C-C, C-2, and C-3 Zoning Districts) and C. (Additional Uses Permitted in C-2 and C-3 Zoning Districts) as uses by right. This ordinance also allowed by Special Use Permit those uses listed in Section 12.03 (Uses subject to Special Use Permits in C-1, C-C, C-2, and C-3 Zoning Districts). It is assumed that this list is consistent with what was allowed in the 1992 ordinance. The previously approved overlay districts did not include the uses allowed in Section 12.05, Uses Subject to Special Use Permit in C-2 Zoning Districts Only. This is the section of the code that is currently being considered for amendment to allow indoor self -storage facilities. Other uses currently allowed under this section include art metal and ornament iron shops, automobile fuel dispensing stations, cabinet and carpentry shops, convenience stores, plant nurseries, printing, lithography and publishing establishments, rental services, taxidermists, light assembly and storage, new and used automobile, and vehicle storage. Staff believes it would be appropriate to continue to exclude these uses from the permitted uses in the Overlay district. Despite staff's recommendation to not allow any of the current or proposed uses in Section 12.05, the Planning and Zoning Commission voted to include the Indoor Mini -storage uses by Special Use Permit in the list of uses allowed by Special Use Permit in this overlay district. Staff points out that in our study of ordinances from other Valley cities, no city or town with specific downtown or town center zoning allowed indoor mini -storage as a use in these areas. This type of use is not consistent with the nature of an urban core setting. Section 26.03 Additional Regulations. These were Sec. 40.8 of the previous ordinances and contained four items. In the new format only two items were included in this section, the others have been relocated. Subsection A is exactly as in the previous ordinances. Subsection B (was D in the 1992 ordinance) addresses outdoor activities and requires them to be screened. It is assumed this was put in the original ordinance to screen storage. In a downtown, urban core area, there are outdoor uses such as dining at a restaurant or merchandise display that could take place but not be screened. This section of the ordinance is the same as before except for an exemption to allow outdoor seating associated with a restaurant from the screening requirement. Section 26.04 General Provisions. This was not used in the previous ordinances but is included here for consistency and the necessary reference to Chapter 5 of the Zoning Ordinance. Section 26.05 Signs. This was Section 40.3 of the previous ordinance and has not changed. Section 26.06 Parking and Loading. This was covered in Section 40.6 of the previous ordinance. The 1998 update removed all but two points from the 1992 ordinance, probably due to having the parking lot paved, which removed the need for the additional regulations. What is included in the draft new ordinance is the same language as in the 1998 ordinance. Staff has received a request from an architect working to prepare a plan for the northwest corner of Saguaro and Parkview. The plan being prepared is for a mixed -use development with retail, restaurant, and residential uses. Meeting the parking requirements is making it challenging. Based on the original plat and zoning requirements, the assumption has been that the common parking area was designed to provide the level of parking needed for all but the corner lots built up to three -stories. Most of the property that has been developed has only one- and two-story buildings. This would indicate the area is well over parked. Several options exist to adjust the parking requirement. One would be to simply remove the current "A" that requires the larger lots to meet the requirement of Chapter 7 and amend "B" to cover all lots. If there is a concern this would lead to a problem not providing enough parking, "A" could be amended to reduce the required parking to half (or some other amount) of that required by Chapter 7 or to allow the review and approval of a Special Use Permit for a reduction of parking. The Planning and Zoning Commission considered this option at its meeting. At the time, staff did not have specific information on the amount of parking available. Based on that, and out of concern about the area ending up under parked, the Commission chose to not make any changes to the parking but suggested that staff come back at a future date with more detailed information. Staff has now done some review of the number of parking spaces and lot area. Adding up the on -site and marked street parking in the area bounded by La Montana, Palisades, Saguaro, and Avenue of the Fountains, staff counted 2260 spaces. The total lot area is 697,000 square -feet. When adjusting for setbacks and easements, the current number of parking spaces approximately 277 spaces per square foot of buildable lot. This excludes the corner lots which must provide their own parking and the unmarked parking spaces available along Parkview. Section 26.07 Outdoor Lighting. Lighting was covered in the previous ordinances in Section 40.8 B. The update refers to Chapter 8 of the zoning ordinance on outdoor lighting as did the 1998 update. The statement in the previous ordinance regarding placement of outdoor lighting to reflect away from rural and residential zoning districts has been removed. There are no rural zoning districts in Fountain Hills and there are no residential districts around the Plat 208 area. Section 26.08 Plan Review. This section was not in the previous ordinances but is a standard part of other current zoning ordinance chapters. It was included here for clarity and consistency with other chapters. Section 26.09 Density, Area, Building, and Yard Regulations. The provisions in this section come from 40.4 and 40.5 of the previous ordinances. In the previous ordinances, height was listed as 40-feet or three stories, which ever was less. The draft new ordinance simply states the height is what is allowed in the base zone, which is 40-feet for both the C-2 and C-3 zoning districts. The regulations on setbacks and lot coverage are the same as the previous ordinances. In the Plat 208 area, we are trying to facilitate and encourage the building of a downtown, urban area. One of the keys to such an area is to create a pedestrian friendly environment. This is largely done by bringing buildings with their storefronts and activity close to the street and avoiding large gaps in the street wall that is created. Parking should be moved to the rear of buildings away from the pedestrian street. As suggested by staff and now recommended by the Planning and Zoning Commission, the ordinance has been amended to remove the 60% maximum lot coverage for the 10,800 or larger lots. All lots are allowed 100% lot coverage exclusive of any setbacks or easements. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2010 Fountain Hills General Plan 2020 Fountain Hills Downtown Area Specific Plan Risk Analysis Much of the north half of Plat 208 has been built with the assumption that the overlay district adopted in 1992 and amended in 1998 is still in effect. In order to continue to allow building in this fashion the appropriate code provisions need to be adopted. Should something happen to an existing building without this ordinance in place, the redevelopment of the lot should comply with the requirements of the C-2 zoning district. Adoption of this new overlay and processing a rezoning to apply it to the land will allow us to continue developing this area in the current pattern. The more the new code mirrors what was previously approved the less objection there should be to the ordinance from existing property and business owners. The more it deviates from the previous ordinances the more likely a property or business owner could find an objection to the new overlay. Recommendations) by Board(s) or Commission(s) The Planning and Zoning Commission reviewed this proposed text amendment at their regular meeting on July 13. No citizens spoke at the public hearing. The Commission discussed a number of items in making their recommendation to the Town Council. Those items were: 1. They agreed with staff to remove the 60% maximum lot coverage requirement for lots of 10,800 square -feet or more. The required 10' front yard setback, the currently required parking, and the requirement to not build in easements or sight triangles will limit the total building area without prescribing a maximum in the ordinance. 2. There was discussion regarding how this text amendment related to the text amendment to allow indoor mini -storage in the C-2 zoning district with approval of a Special Use Permit. The text amendment allowing that use placed the use in a portion of the code that would not allow the use through the overlay. The Commission has recommended amending the list of allowed uses to single out indoor mini -storage as a use allowed through a Special Use Permit. 3. The Commission discussed the possibility of eliminating or reducing the parking requirement for the larger corner lots. While generally supportive of the idea, there was concern that there was not enough information available to make that change at this time. Therefore, the Commission voted to not include this change at this time but encouraged staff to do additional study and bring this back in the future for consideration. The ordinance attached to this report includes the amendments as recommended by the Planning and Zoning Commission. Staff Recommendation(s) Staff has included the Plat 208 organization in the review of this ordinance, they support having it adopted and the rezoning completed. The Plat 208 group was supportive of allowing some level of parking reduction for the 10,800 square -foot lots and eliminating the maximum lot coverage percentage for the larger lots. The Plat 208 group has expressed concern with allowing an indoor min -storage facility in the town center area. Staff also has concern with amending the overlay to allow a use that is not consistent with the nature of pedestrian oriented urban cores and is not consistent with the approved Specific Plan for this area. Staff recommends approval of the draft ordinance subject to removing the allowance for the indoor mini -storage use. Based on the review of existing parking available in the Plat 208 area, staff would support an amendment to Section 26.06 B., to allow consideration of a reduction in the required parking on lots over 10,800 square -feet through review and approval of a Special Use Permit. SUGGESTED MOTION MOVE to adopt Ordinance 20-14. Attachments Presentation Ordinance 20-14 1992 Ordinance 1998 Ordinance Draft P&Z Minutes Inbox Development Services Director (Originator) Town Attorney Town Manager Form Started By: John Wesley Final Approval Date: 08/26/2020 Form Review Reviewed By John Wesley Aaron D.Arnson Grady E. Miller Date 08/25/2020 04:05 PM 08/26/2020 12:19 PM 08/26/2020 01:16 PM Started On: 08/03/2020 07:22 AM o r � '�JythBt�A Town of Fountain H'il Staff Presentation Z 2020-04 Chapter 26: Planned Shopping Plaza Overlay IS www.fh.az.gov orAIN! ou B I< r n ac d _ g n that is At'�' • 1992 Town adopted overlay for Town Center a rea • Processed rezoning case to apply to downtown a rea • 1993 Town adopted new zoning ordinance without the overlay • 1998 Town processed text amendment to the 1992 overlay www.fh.az.gov Proposed New Chapter 26 o r � '�JythBt�A 'F��D Sections: 26.01 26.02 26.03 26.04 26.05 26.06 26.07 26.08 26.09 Chapter 26 Planned Shopping Plaza Overlay District Purpose and Intent Permitted Uses Additional Regulations General Provision Signs Parking and Loading Outdoor Lighting Plan Review Density, Building, Area, and Yard Regulations www.fh.az.gov or IAIN! ProposedN wChapter2 e6 9 atis oa Section 26.01 Purpose and Intent The Planned Shopping Plaza Overlay District is to provide an overlay zoning district for commercially zoned property that is platted as a unified center. The intent of this district is to integrate commercial activity and professional offices with visitor attractions and parks. • Same as previous ordinance www.fh.az.gov orAIN�! Proposed N w Chapter 2 e6 T Section 26.02 Permitted Uses Uses permitted in the Shopping Plaza Overlay District shall be: A. Those uses permitted in Sections 12.02 B. & C. of the Zoning Ordinance. B. Those uses permitted by Special Use Permit shall be those uses specified in Section 12.03 of the Zoning Ordinance and Indoor Mini -storage as specified in Section 12.05 of the Zoning ordinance. • Amended to allow indoor storage • Not consistent with other urban core ordinances www.fh.az.gov orAIN! ProposedN wChapter2 e6 that is At'�' Section 26.03 Additional Regulations A. All activity associated with any use including accessory storage and display areas, shall be conducted within a completely enclosed building. Loading and unloading activities and activities otherwise specifically authorized are exempt from this regulation. • Same as previous ordinance www.fh.az.gov or IAIN! ProposedN wChapter2 e6 9 atis o�a Section 26.03 Additional Regulations B. Except for outdoor seating a part of a restaurant or cafe, the perimeter of any portion of a site upon which any outdoor use of a commercial nature is permitted shall be enclosed by a solid masonry, concrete, or earthen product wall not less than eight (8) feet in height. Further, any access gates shall be constructed of view -obscuring materials to provide effective site screening. Approval of alternative screening methods not listed above shall be by the Town Council. • Amended to not screen some outdoor uses. www.fh.az.gov orAIN�! Proposed N w Chapter 2 e6 T Section 26.04 General Provisions Except as may be modified by this Overlay District, the General Provisions in Chapter 5 shall apply. Section 26.05 Signs The regulations in Chapter 6, Signs, shall apply. • Same as previous ordinance. www.fh.az.gov orAIN�! Proposed N w Chapter 2 e6 Section 26.06 Parking and loading A. The parking regulations in Chapter 7, Parking Regulations, shall apply to all lots over 10,800 square feet in area as of January 1, 1992. • Same as previous ordinance www.fh.az.gov o r � '�JythBt�A 'F��D Proposed New Chapter 26 Section 26.06 Parking and Loading B. For lots 10,800 square feet or less as of January 1, 1992, the common parking lot areas shall satisfy all of the off-street parking requirements regardless of the land use. Any elimination of parking spaces in the common parking area by a lot owner or user, is required to be replaced by adding the lost spaces on -site or on another lot on the same block. • Consider amending to allow reduction in parking requirement. • 50% reduction with Council approval of SUP www.fh.az.gov o r � '�JythBt�A 'F��D Proposed New Chapter 26 Section 26.07 Outdoor Lighting The provisions of Chapter 8 shall apply. Section 26.08 Plan Review The provisions of Chapter 2, Section 2.04 shall apply. • Same as previous ordinance. • Some unneeded language removed from 26.07 www.fh.az.gov orAIN! ProposedN wChapter2 e6 that is At'�' Section 26.09 Density, Area, Building and Yard Regulations A. Building Height. Building height allowances shall be the same as permitted in the underlying zoning district. • Previous ordinance 40' or 3 stories whichever is less. www.fh.az.gov orAIN! ProposedN wChapter2 e6 9 jjth�t��o�a Section 26.09 Density, Area, Building and Yard Regulations B. Building Setbacks. 1. Front Yard: a. Lots 10,800 square feet and under do not have a front yard setback requirement but must provide meet sight triangle requirements when a corner lot. Must not encroach into platted easements. b. Lots over 10,800 square feet must provide a ten (10) foot front yard and must meet sight triangle requirements when a corner lot. Must not encroach into platted easements. • Same as previous ordinance www.fh.az.gov orAIN! ProposedN wChapter2 e6 9 jjth�t��o�a Section 26.09 Density, Area, Building and Yard Regulations B. Building Setbacks. 2. Side Yard: None required, except on corner lots. Street side yards must meet sight triangle requirements. Must not encroach into platted easements. 3. Rear Yard: None required; must not encroach into platted easements. • Same as previous ordinance www.fh.az.gov or��AIN�! Proposed N w Chapter 2 e6 9 jjth�t��o�a Section 26.09 Density, Area, Building and Yard Regulations C. Maximum Lot Coverage: 1. Lots may have one hundred (100) percent lot coverage exclusive of any easements or required setbacks. • Eliminated 60% maximum coverage for lots greater than 10,800 sq. ft. www.fh.az.gov orAIN�`� Council Options that is At'�' • Approve as submitted • Approve with modifications • Continue • Deny • Planning and Zoning Commission recommends approval • Staff recommends removing allowance for consideration of indoor self -storage www.fh.az.gov o r that is JPVE Questions www.fh.az.gov ORDINANCE NO. 20-14 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, ADDING CHAPTER 26, PLANNED SHOPPING PLAZA OVERLAY DISTRICT. RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to add Chapter 26, Planned Shopping Plaza Overlay District; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARm REV. STAT. § 9- 462.04, public hearings regarding this ordinance were advertised in the June 24, 2020, July 1, 2020, August 5, 2020, and August 12, 2020, editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on July 13, 2020 and by the Town Council on August 24, 2020. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance is amended to add Chapter 26, Planned Shopping Plaza Overlay District as provided in Exhibit A attached hereto. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 15t' day of September, 2020. FOR THE TOWN OF FOUNTAIN HILLS: Ginny Dickey, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney EXHIBIT A Chapter 26 Planned Shopping Plaza Overlay District Sections: 26.01 Purpose and Intent 26.02 Permitted Uses 26.03 Additional Regulations 26.04 General Provision 26.05 Signs 26.06 Parking and Loading 26.07 Outdoor Lighting 26.08 Plan Review 26.09 Density, Building, Area, and Yard Regulations Section 26.01 Purpose and Intent The Planned Shopping Plaza Overlay District is to provide an overlay zoning district for commercially zoned property that is platted as a unified center. The intent of this district is to integrate commercial activity and professional offices with visitor attractions and parks. Section 26.02 Permitted Uses Uses permitted in the Shopping Plaza Overlay District shall be: A. Those uses permitted in Sections 12.02 B. & C. of the Zoning Ordinance. B. Those uses permitted by Special Use Permit shall be those uses specified in Section 12.03 of the Zoning Ordinance and Indoor Mini - storage as specified in Section 12.05 of the Zoning ordinance Section 26.03 Additional Regulations A. All activity associated with any use including accessory storage and display areas, shall be conducted within a completely enclosed building. Loading and unloading activities and activities otherwise specifically authorized are exempt from this regulation. B. Except for outdoor seating a part of a restaurant or cafe, the perimeter of any portion of a site upon which any outdoor use of a commercial nature is permitted shall be enclosed by a solid masonry, concrete, or earthen product wall not less than eight (8) feet in height. Further, any access gates shall be constructed of view -obscuring materials to provide effective site screening. Approval of alternative screening methods not listed above shall be by the Town Council. Section 26.04 General Provisions Except as may be modified by this Overlay District, the General Provisions in Chapter 5 shall apply. Section 26.05 Signs The regulations in Chapter 6, Signs, shall apply. Section 26.06 Parking and Loading A. The parking regulations in Chapter 7, Parking Regulations, shall apply to all lots over 10,800 square feet in area as of January 1, 1992. B. For lots 10,800 square feet or less as of January 1, 1992, the common parking lot areas shall satisfy all of the off-street parking requirements regardless of the land use. Any elimination of parking spaces in the common parking area by a lot owner or user, is required to be replaced by adding the lost spaces on -site or on another lot on the same block. Section 26.07 Outdoor Lighting The provisions of Chapter 8 shall apply. Section 26.08 Plan Review The provisions of Chapter 2, Section 2.04 shall apply. Section 26.09 Density, Area, Building and Yard Regulations A. Building Height. Building height allowances shall be the same as permitted in the underlying zoning district. B. Building Setbacks. 1. Front Yard: a. Lots 10,800 square feet and under do not have a front yard setback requirement but must provide meet sight triangle requirements when a corner lot. Must not encroach into platted easements. b. Lots over 10,800 square feet must provide a ten (10) foot front yard and must meet sight triangle requirements when a corner lot. Must not encroach into platted easements. 2. Side Yard: None required, except on corner lots. Street side yards must meet sight triangle requirements. Must not encroach into platted easements. 3. Rear Yard: None required; must not encroach into platted easements. C. Maximum Lot Coverage: 1. Lots may have one hundred (100) percent lot coverage exclusive of any easements or required setbacks. Ordinance Number 1992.09 Amend Zoning Ordinance: Planned Shopping Plaza Overlay District - 10/1/92 ORDINANCE 92 - 09 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT ARTICLE XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ADD ARTICLE XL "PLANNED SHOPPING PLAZA OVERLAY DISTRICT" BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Article XXXI, Section 31.1 of the Zoning Ordinance for the Town of Fountain Hills authorizes amendments Zoning Ordinance. The text of the Zoning Ordinance of the Town of Fountain Hills is hereby amended adding a new overlay zoning district entitled "Planned Shopping Plaza Overlay District". Section 2. Pursuant to Article XXXI, Section 31.1 of the Zoning Ordinance of the Town of Fountain Hills, the Town of Fountain Hills, Arizona, amends the Zoning Ordinance of the Town of Fountain Hills by adding Article XL to read: ARTILCE XL PLANNED SHOPPING PLAZA OVERLAY DISTRICT 40.1 Purpose. The Planned Shopping Plaza Overlay District is to provide an overlay zoning district for commercially zoned property that is platted as a unified center. The intent of this district is to integrate commercial activity and professional offices with visitor attractions and parks. 40.2 Uses Permitted. Uses permitted in the District shall be those uses permitted in Article XIX (C-2) Zoning District of this ordinance. Those uses permitted by Special Use Permit shall be those uses specified in Article XXVII of this ordinance. 40.3 Signs. The Sign Regulations Specified in Article XIX of this ordinance shall be the sign regulations of this district. 40.4 HeightRegulations. The height of buildings shall not exceed forty (40) feet or three (3) stories, whichever is less. 40.5 Development Regulations. A. Front Yard: 1. Lots 10,800 square feet and under: None required, except on corner lots, where sight triangle requirements must be met. Page 1 of 4 2. Lots over 10,800 square feet: Ten (10) feet. On corner lots, the minimum sight triangle distance shall be met. B. Side Yard: None required, except corner lots. Corner lots with a street side shall have a setback requirement or sight triangle distance, whichever is greater. C. Rear Yard: None required D. Lot Area: Each lot shall have a minimum area of six thousand (6,000) square feet, except where a previously recorded plat identifies lots that are of a lesser size. E. Maximum Lot Coverage: 1. Lots 10,800 Square feet or less, as of January 1, 1992: One hundred (100) percent of the total lot area. Total lot area shall not include easements and building setbacks of record. 2. Lots over 10,800 square feet, as of January 1, 1992: Sixty (60) percent of the total lot area. 40.6 Parking Requirements A. The Parking Regulations in Section 26.10 of this ordinance shall apply to all lots over 10,800 square feet in area. B. For lots 10,800 square feet or less, the design standards as tabulated and illustrated on the Parking Lot Design Table and Schematics in Section 26.10 of this ordinance and the following standards shall apply: 1. A parking area, with its accompanying driveways, aisles, approaches, and stalls, shall be paved with either asphaltic concrete or cement concrete in accordance to the design specifications of the Town of Fountain Hills Engineering Department. 2. Parking spaces and driveways shall be so arranged as to require ingress and egress from the lot to a street by forward motion of the vehicle. 3. Parking spaces shall be designed so that vehicles exiting therefrom will not be required to back out across any sidewalk or street. 4. Adjacent to any rural or residential zoning district automobile parking shall be screened from view, except when separated by a public street. 5. Any lights used to illuminate parking spaces shall be so arranged and screened as to reflect the light away from adjoining lots in Page 2 of 4 rural and residential zoning districts and from streets. Such lights shall have a maximum height of sixteen (16) feet. 6. On the site of a building or open lot providing an off-street parking area where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, excluding dedicated alleys, there shall be provided landscaping between such area and such right-of-way on a strip of land at least five (5) feet in width. In addition to the perimeter parking lot landscape area, at least five percent (5%) of the remaining parking area shall be landscaped in accordance with a landscape plan approved by the Community Development Director or designee. Such landscaping shall be maintained, as designated, for the duration of time that the area is a parking area. 7. Except where a wall is required, a minimum six (6) inch high curb or bumper guard shall be utilized or employed so that no part of the vehicle shall extend over any property line unless an easement exists for the extension area. 8. Required parking spaces shall be adequately marked or defined. 40.7 Loading and Unloading Regulations: The standards described in Section 26.11 of this ordinance shall be met unless otherwise exempted pursuant to 40.8A below. 40.8 Additional Regulations: A. All activity associated with any use including accessory storage and display areas, shall be conducted within a completely enclosed building. Loading and unloading activities and activities otherwise specifically authorized are exempt from this regulation. B. Any outdoor lighting shall be in conformance with the provisions of Section 26.19 of this ordinance. Any outdoor lighting shall be placed so as to reflect the light away from any adjoining rural or residential zoning district. C. A building or premises, other than the residence of the family of the operator or caretaker employed on the premises of a commercial use, shall not be used for dwellings, unless approved by Special Use Permit by the Council. D. A solid wall, not less than six (6) feet in height, shall be required along and adjacent to any side or rear property line abutting any rural or residential zoning district boundary, or any alley abutting such zoning district boundary at the time of development of the commercial property. Further any access gates in said solid wall shall be construed of view -obscuring material to provide effective site screening. Page 3 of 4 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this first day of October, 1992. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: John M. Cutillo, Mayor REVIEWED BY: Paul L. Nordin, Town Manager Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: William E. Farrell, Town Attorney Page 4 of 4 Ordinance Number 1998.02 Amend Planned Shopping Plaza - 1/15/98 ORDINANCE 98 - 02 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF TFOUNTAIN HILLS, ARIZONA PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO AMEND THE " PLANNED SHOPPPING PLAZA OVERLAYDISTRICT". WHEREAS, the Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1 adopted the Zoning Ordinance for the Town of Fountain Hills, and WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance, and WHEREAS, On October 1, 1992, the Town Council adopted Ordinance #92-09 to establish the "Planned Shopping Plaza Overlay District" to permit one hundred lot coverage, and the use of common parking lots to meet off-street parking requirements for lots 10,800 square feet or less on Blocks 3, 4, 5,and 6 of Plat #208; and WHEREAS, Ordinance #92-09 did not provide the allowance of common parking lot utilization when lots that were 10,800 square or less on January 1, 11992 are subsequently combined to a size greater than 10,800 square feet; and WHEREAS, The Town of Fountain Hills wants to encourage the development and economic viability of the Plat #208 area; and WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills has been followed; and WHEREAS, The Town of Fountain Hills has advertised the proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills on December 24, 31, 1997 and January 7, and 14, 1998 by showing the deletion of certain items within the text of Ordinance #92-09, in the "strike -out" form, and has shown the additions to the text in bold large letters; and WHEREAS, The Planning and Zoning Commission' s public hearing and the Town Council' s public hearing was advertised in the official newspaper of general circulation, The Times of Fountain Hills on December 24, 31, 1997 and January 7, and 14, 1998; and Page 1 of 6 WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on January 8, 1998, and by the Fountain Hills Town Council on January 15, 1998. Page 1 of 6 BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Ordinance #92-09 of the Town of Fountain Hills is hereby amended by updating code references to the November 18, 1993 Zoning Ordinance for the Town of Fountain Hills, as amended, and by adding language to permit the common parking lots in Blocks 3, 4, 5, and 6, of Plat #208, to be utilized to fulfill the off-street parking requirements for the lots in these respective blocks that were 10,800 square feet or less as of January 1, 1992, even if these are combined to exceed 10,800 square feet in size. The large bold letters are the additions and the letters shown with strike -outs are the deletions. PLANNED SHOPPING PLAZA OVERLAY DISTRICT. 40.1 Purpose. The Planned Shopping Plaza Overlay District is to provide an overlay zoning district for commercially zoned property that is platted as an unified center. The intent of this district is to integrate commercial activity and professional offices with visitor attractions and parks. 40.2 Uses Permitted. Uses permitted in the District shall be those uses permitted in Ar-tiele XEX The Zoning Ordinance for the Town of Fountain Hills, Chapter 12, Commercial Zoning Districts, Sections 12.02.B.C. for the (C-2) Zoning District of this or -din "^^. Those uses permitted by Special Use Permit shall be those uses specified in CHAPTER 12 Commercial Zoning Districts, Sections 12.03. r-tiele XX-Agl of this or -di ,^nee. 40.3 Signs. The Sign Regulations specified in Chapter 6 of The Zoning Ordinance for the Town of Fountain Hills Artfele XLX of this erdinanee shall be the sign regulation of this district. 40.4 Height Regulations. The height of buildings shall not exceed thirty (30) feet or three (3) stories, whichever is less. 40.5 Development Regulations. A. Front Yard: 1. Lots 10,800 square feet and under: None required, except on corner lots, where sight triangle requirements must be met. Page 2 of 6 Page 2 of 6 2. Lots over 10,800 square feet: Ten (10) feet. On corner lots, the minimum sight triangle distance shall be met. B. Side Yard: None required, except corner lots.. Corner lots with a street side shall have a setback requirement or sight triangle distance whichever is greater. C. Rear Yard: None required. D. Lot Area: Each lot shall have a minimum area of six Previously recorded plat identifies lots that are of a lesser size. E. Maximum Lot Coverage: 1. Lots 10,800 square feet or less, as of January 1, 1992: One hundred (100) percent of the total lot area. Total lot area shall not include easements and building setbacks of record. 2. Lots over 10,800 square feet, as of January 1 1992: Sixty (60) percent of the total lot area. 40.6 Parking Requirements: A. The Parking Regulations in Chapter 7, Parking Regulations, of The Zoning Ordinance for the Town of Fountain Hills, Seeta„„ 26.10 ..f this or -di„. nee shall apply to all lots over 10,800 square feet in area, as of January 1, 1992. B-. For lots 10,800 square feet or less, as of January 1, 1992, the common parking lots areas shall satisfy all of the off-street parking requirements regardless of the land use. Any elimination of parking spaces in the common parking area by a lot owner or user, is required to replace the eliminated parking spaces by placing s least an equivalent amount of additional parking on -site, or on another lot in the same block. illustrated on the Par-Iiing Lots Design Table a-- __the design standards as tabulated and following standards shall apptyl Page 3 of 6 Page 3 of 6 FIR FA diStFiet automobile parking shall be SCFeened fFom view, except when separated by a public stFeet. �•�:�s;s�s�.esN r. rrrra !ss Page 4 of 6 Page 4 of 6 40.7 Loading and Unloading Regulations: The Standards described in Chapter 7, Parking Regulations Section 7.04.H. and I. Of The Zoning Ordinance for the Town of Fountain Hills Seetien- 26." Of this ,,.-a;....nee shall be met unless otherwise exempted pursuant to 40.8A. below. 40.8 Additional Regulations: A. All activity associated with any use including accessory storage and display areas, shall be conducted within a completely enclosed building. Loading and unloading activities and activities otherwise specifically authorized are exempt from this regulation. B. Any outdoor lighting shall be in conformance with the provisions of Chapter 8, of The Zoning Ordinance for the Town of Fountain Hills Section 26.19 Of this OFdi Any outdoor lighting shall be placed so as to reflect the light away from any adjoining rural or residential zoning districts. A. A building or premises, other than the residence of the family of the operator or caretaker employed on the premises of a commercial use, shall not be used for dwellings, unless approved by Special Use Permit by the Council. B. A solid wall, , shall be line ah-utting sueh zoning distAet boundary at the time of development of the eommer-eial property. Further- any aeeess gates in said solid wall shall be eonstr-ned of view The perimeter of any portion of a site upon which any outdoor use of a commercial nature is permitted shall be enclosed by a solid masonry, concrete, or earthen product wall not less than eight (8) feet in height. Further, any access gates shall be constructed of view -obscuring materials to provide effective site screening. Approval of the alternative screening methods not listed above shall be by the Town Council. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this day of 120 Page 5 of 6 FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: Jerry Miles, Mayor REVIEWED BY: APPROVED AS TO FORM: Cassie B. Hansen,Town Clerk Paul L. Nordin, Town Manager William E. Farrell, Town Attorney Page 6 of 6 D I TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION J U LY 13, 2020 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Chairman Hansen called the meeting of the Fountain Hills Planning and Zoning Commission of July 13, 2020, to order at 6:00 p.m. and led the Commission and staff members in the Pledge of Allegiance and a Moment of Silence. 2. ROLL CALL Present: Commissioner Clayton Corey; Chairman Erik Hansen; Commissioner Scott Schlossberg; Commissioner Dan Kovacevic Absent: Commissioner Susan Dempster; Vice Chairman Peter Gray Staff John Wesley, Development Services Director; Farhad Tavassoli , Senior Present: Planner; Paula Woodward, Executive Assistant 3. CALL TO THE PUBLIC None. 4. CONSIDERATION OF approving the meeting minutes of the Planning and Zoning Commission June 8, 2020. MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Dan Kovacevic to approve the meeting minutes of the Planning and Zoning Commission June 8, 2020. Vote: 4 - 0 - Unanimously 5. HOLD A PUBLIC HEARING AND CONSIDER amending the Zoning Ordinance adding a new Chapter 26, Planned Shopping Plaza Overlay. Chairman Hansen opened the public hearing. Mr. Wesley gave a PowerPoint presentation (Exhibit A attached hereto and made a part hereof), which addressed: BACKGROUND PROPOSED NEW CHAPTER 26 FURTHER CONSIDERATION COMMISSION OPTIONS Planning and Zoning Commission Meeting of July 13, 2020 2of7 Mr. Wesley said that this is an opportunity to add another Chapter (26) to the Zoning Ordinances. During the Town's incorporation, the Maricopa County ordinances were used with some minor changes. The downtown area was developed as an urban core area. Most of the area was and is a C-2 zone. The other area, Plat 208 was developed by the County prior to incorporation. It was platted with common parking areas so individual lots would not need to provide on -site parking. The C-2 zoning requires individual properties to provide their own parking and meet set back and lot coverage requirements. Variances were approved for the Plat 208 area to allow zero lot line buildings and common parking areas. As time passed and development continued the town decided they did not want to continue with the issuance of variances. To allow the continuance of development in Plat 208 the town created and approved a zoning overlay district called the Planned Shopping Plaza Overlay District inn 1992. This allowed lots 10,800 or smaller to have 100% lot coverage and not provide parking. Lots larger than the 10,800 square feet were allowed to have 60% lot coverage and provide their own parking. The Town adopted a zoning ordinance specific for the town in 1993. The 1993 ordinance did not include the Planned Shopping Plaza Overlay zoning designation and is not included in the zoning ordinance today. In 1998 the Town approved an ordinance which amended the 1992 Planned Shopping Overlay district. The amendment did bring some of the overlay district in line with the Town's 1992 zoning ordinance. The effect of the 1992 ordinance is unclear since it was not placed in the zoning ordinance. Mr. Wesley concluded that the Town has continued to rely on the provisions of the overlay ordinance for development in this area. It has now come to the Town's attention that it cannot rely on an ordinance that is no longer in effect. The proposed text amendment would re-establish the overlay district by adding it to the zoning ordinance as Chapter 26. The new ordinance would fit the structure of the current zoning ordinance. He said that staff recommends approval with resolution on the following items: Reduce or eliminating the parking requirements for the lots over10,800 square -feet. Allowing more than 60% lot coverage on the lots over 10,800 square -feet. Mr. Wesley suggested that the Commission may want to review this agenda and the next agenda item requesting a Special Use Permit in the downtown C-2 zone, before making decisions. Chairman Hansen agreed and Mr. Wesley reviewed the current Chapter 26 and the proposed changes to Chapter 26. Mr. Wesley explained what would be allowed in a C-2 and C-3 zoning with a Special Use Permit. The indoor mini -storage would be allowed in a C-2 with a Special Use Permit. The indoor mini -storage would not be allowed in the overlay district. Commissioner Schlossberg asked if they have an owner's association. Mr. Wesley replied that from the inception of the downtown district with the common parking area that serves all the uses, there is a separate track that controls and maintains the common parking area. It is similar to a property owners association. Commissioner Kovacevic asked about a parking study. He asked, what is the number of lots Planning and Zoning Commission Meeting of July 13, 2020 3of7 that are over the 10,800 square feet and what is the total amount of square footage combined? Mr. Wesley replied that the whole area was laid out and designed for three-story buildings. The parking was created to accommodate three-story buildings. Mr. Wesley said that he did not have an exact number of the larger lots but there is only one 10,800 that has not been developed. In response to Commissioner Kovacevic, Wesley said that any place within a C-2 zoning could apply for a special use permit to allow any of the uses listed under 12.05. Once the code is amended for the mini -storage, a SUP could be used for a mini -storage in a C-2 zoning. Commissioners Corey asked is there a statement in the area that there is more or less parking. Mr. Wesley said the belief is that there is plenty of parking. The parking was created based on the three-story buildings. Most buildings in that area are one to two-story. More parking would be required for any lots over 10,800 square -foot lot. Commissioner Kovacevic said that he never has a hard time finding parking downtown. The town will grow into what it was designed. He said he would hate to see it run short of parking. He would like to know exactly the amount of parking, how much square footage per building and their parking use. Commissioner Corey said he did not have concerns about the parking. Chairman Hansen said that the parking concerns can be a continued conversation. Chairman Hansen closed the public hearing. MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Dan Kovacevic to forward a recommendation to the Town Council to approve amending the zoning ordinance adding a new Chapter 26, Planned Shopping Plaza Overlay as submitted and recommended by staff with two modifications: 1. amend section 26.02 to allow the (climate control mini -storage) opportunity to apply for a Special Use Permit 2. remove the limitations of the 60% lot coverage on the lots over 10,800 square -feet. Vote: 4 - 0 - Unanimously 6. HOLD A PUBLIC HEARING AND CONSIDER Ordinance 20-10 amending Chapter 12, Commercial Zoning Districts, by adding a new provision to Section 12.05, to allow indoor mini -storage in the C-2 zoning district under the condition of a Special Use Permit. Planning and Zoning Commission Meeting of July 13, 2020 Chairman Hansen opened the public hearing. 4of7 Senior Planner, Farhadi Tovassoli said that this item is continued from the Jun 8, 2020 meeting to allow the Commission to hear the proposed Planned Shopping Plaza Overlay District for Plat 208 which allows for a Special Use Permit for this area of the Town before taking action. Mr. Tavassoli gave a PowerPoint presentation (Exhibit B attached hereto and made a part hereof), which addressed: REQUEST C-2 ZONING DISTRICT (INTERMEDIATE COMMERCIAL): DESCRIPTION OF INDOOR MINI -STORAGE FACILITIES INDOOR MINI -STORAGE IN NEIGHBORING JURISDICTIONS ANALYSIS AND STAFF RECOMMENDATIONS Mr.Tavassoli explained that the proposed text amendment to allow indoor mini -storage in C-2 with a Special Use Permit is staff initiated but in response to the Commission's direction to amend the zoning ordinance. Currently mini -storages are allowed in the C-3 zoning and all industrial districts. The C-2 zoning district (Intermediate commercial) is for the sale of goods and service to clientele beyond the immediate neighborhood. It is designed for application at major intersections and maintain compatibility with adjacent uses. The Town may grant a SUP for certain uses. Indoor mini -storage's are becoming more and more popular. They are designed for storage of personal property in modestly -sized units that are climate -controlled. The buildings are secure, well lit and polished in appearance. Mr. Tavassoli said that in drafting the proposed text amendment, sixteen other jurisdictions were reviewed. Thirteen jurisdictions allowed the indoor mini -storage as matter of right in certain districts and additional districts with Special Use Permit. Three jurisdictions ( Cave Creek, Queen Creek and Goodyear) required SUP regardless of the zoning. None of the jurisdictions allowed storage of any kind in its town/city center overlay districts. In conclusion Mr. Tavassoli said that the text amendment addresses the demand for indoor mini -storage facilities within close proximity and expands inventory of potential sites, the text amendment encourages detailed analysis of factors such as traffic impact, appearance, noise and business hours. Staff recommends approval of the amendment. Commissioner Schlossberg commented that he remembers the rendering from a previous meeting as an aesthetically pleasing building. The appearance of the building would be an improvement to some existing buildings in the area. He agreed with the location and that there is a need for storage. Commissioner Corey agreed with Commissioner Schlossberg. Commissioner Kovacevic asked if the drive thru issue mentioned at a previous meeting was resolved. The suggestion was that a car could pull thru the storage facility and close a garage door behind them to unload cargo in privacy. Mr. Wesley said that the applicant is aware of the drive thru component and are working to address that. Planning and Zoning Commission Meeting of July 13, 2020 5of7 Mr. Wesley told the Commission that If there is a desire amongst them to leave the door open for the possibility for a mini -storage at that location (staff recommended against it previously) the ordinance(s) would need to be amended. One would be to allow a climate control indoor self -storage facility by right in the C-2 district or put it in section 12.02.0 instead of 12.05. so, no SUP is required OR in Chapter 26 open it to all the Special Use Permits in the C-2 district OR a mini -storage is permitted in 12.05 but nothing else. In response to Commissioner Kovacevic Mr. Wesley replied that if a Special Use Permit is required a site plan would be presented to the Commission for their review. Chairman Hansen closed the public hearing. Chairman Hansen asked for a motion for item #5 regarding the addition of Chapter 26, Planned Shopping Plaza Overlay. Mr. Wesley said that the Commission has a few options regarding action. They can approve as submitted, approve with modifications, continue or deny adding the new Chapter 26, Planned Shopping Plaza Overlay. MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Scott Schlossberg to forward a recommendation to the Town Council to approve Ordinance 20-10 amending Chapter 12, Commercial Zoning Districts, by adding a new provision to Section 12.05, to allow indoor mini -storage in the C-2 zoning district under the condition of a Special Use Permit. Vote: 4 - 0 - Unanimously 7. HOLD A PUBLIC HEARING AND CONSIDER amending the Town of Fountain Hills Zoning Ordinance, Section 1.12 by changing the definition of dwelling unit, Section 5.06 G regarding large accessory structures, and Section 10.02 A. 13. regarding guest houses. Mr. Wesley gave a PowerPoint presentation (Exhibit C attached hereto and made a part hereof), which addressed: BACKGROUND PROPOSED AMENDMENTS -DWELLING UNIT PROPOSED AMENDMENTS -GUEST HOUSE PROPOSED AMENDMENTS -LARGE ACCESSORY BUILDINGS OPTIONS Mr. Wesley said that the current code needs to be amended to ensure that by allowing kitchens in guest houses do not result in the creation of duplexes —two homes on one lot. The current zoning ordinance includes definitions of dwelling units and guest houses and regulations for large accessory buildings. The combination of the regulations is not clear and can be confusing. Staff has taken this opportunity to review all of these areas and propose a set of text changes to simplify and clarify the regulations. Mr. Wesley said staff researched how other municipalities handled accessory dwelling units and guest houses. The majority had ordinances with provisions for these types of uses. Mr. Wesley said that staff supports Planning and Zoning Commission Meeting of July 13, 2020 and recommends the changes. 6of7 Commissioner Corey said that this reads well and is very clear. Chairman Hansen asked if code enforcement has received any complaints regarding incognito creations of duplexes. Mr. Wesley replied that there are some issues that have come by the building permitting side but have been easily resolved. Chairman Hansen closed the public hearing. MOVED BY Commissioner Scott Schlossberg, SECONDED BY Commissioner Clayton Corey to forward a recommendation to the Town Council to approve amending the Town of Fountain Hills Zoning Ordinance, Section 1.12 by changing the definition of dwelling unit, Section 5.06 G regarding large accessory structures, and Section 10.02 A.13.regarding guest houses. Vote: 4 - 0 - Unanimously 8. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Commissioner Kovacevic said he would like to know how over parked is Plat 208. 9. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 10. REPORT from Development Services Director. Mr. Wesley said that the August meeting is cancelled due to COVID. Staff is currently working on some more text amendments to present to the Commission in September. 11. ADJOURNMENT The Regular Meeting of the Fountain Hills Planning and Zoning Commission held July 13, 2020, adjourned at 7:31 p.m. PLANNING AND ZONING COMMISSION Erik Hansen, Chairman ATTEST AND PREPARED BY: Paula Woodward, Executive Assistant Planning and Zoning Commission Meeting of July 13, 2020 7of7 CERTIFICATION I herby certify that the forgoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Planning and Zoning Commission of Fountain Hills in the Town Hall Council Chambers on the 13th day of July, 2020. 1 further certify that the meeting was duly called and that a quorum was present. Dated this 8th day of September, 2020. Paula Woodward, Executive Assistant ITEM 8. C. Meeting Date: 09/15/2020 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING AND CONSIDERATION OF Ordinance 20-10 amending Chapter 12, Commercial Zoning Districts, by adding a new provision to Section 12.05, to allow indoor mini -storage in the C-2 zoning district under the condition of a Special Use Permit. Staff Summary (Background) This item was initially considered at the June 8, 2020, Planning and Zoning Commission meeting. It was continued to the July 13, 2020, meeting to allow the Commission to hear details and take action on the proposed re-establishment of the Planned Shopping Plaza Overlay District for Plat 208, which provides prescriptive limits for Special Use Permits for this area of the Town before taking action on this item. Per the direction by the Planning and Zoning Commission at their Regular Meeting on March 9, 2020, Staff is initiating a request to amend the Town's Zoning Ordinance to allow indoor mini -storage in the C-2 zoning district under the condition of a Special Use Permit. To evaluate this proposed text amendment, staff reviewed the purpose and intent of the C-2 zoning district, the current uses allowed in the C-2 zoning district, and zoning ordinances of neighboring communities. Purpose and Intent of the C-2 Zoning District and Special Use Permits Chapter 12 of the Town of Fountain Hills Zoning Ordinance establishes the commercial zoning districts and associated regulations for the Town. This chapter establishes five commercial zoning districts ranging from the C-O (Commercial Office) zoning district, allowing primarily office type uses, to the C-3, (General Commercial) zoning district, which allows a wide range of indoor and outdoor commercial activities. Each commercial zoning district has an intended purpose and allowed uses. The higher intensity uses build on the lower intensity uses and have a greater impact on the surrounding developments. Section 12.01 D of the Zoning Ordinance establishes the following with regards to the C-2 zoning district. Section C-2. Intermediate Commercial Zoning District: The principal purpose of this Zoning District is to provide for the sale of commodities and the performance of services and other activities in locations for which the market area extends beyond the immediate residential neighborhoods. Principal uses permitted in this Zoning District include furniture stores, hotels and motels, restaurants, and some commercial recreation and cultural facilities such as movies and instruction in art and music. This Zoning District is designed for application at major street intersections. As can be seen from this purpose statement, the intent of the C-2 zoning district is to be of moderate impact, serving not only the immediate neighborhood but the larger community while maintaining compatibility with adjacent uses. Uses allowed in this zoning district and the development standards associated with this zoning district need to be in keeping with this intent. Furthermore, Chapter 2 of the Town of Fountain Hills Zoning Ordinance establishes conditions in which the Town may grant a SUP where a use may complement a permitted use for a specific property, but warrants a more detailed analysis before determining compatibly with neighboring uses. In this regard, it is the intent of the Zoning Ordinance to authorize Town Council to grant and to deny applications for use permits and to impose reasonable conditions upon them based on impacts of physical and operational characteristics of the proposed use or building(s). Examples of such characteristics include proximity to streets, traffic patterns, or business hours. Currently Allowed Uses The C-2 zoning district currently allows a wide range of small to medium -scale commercial activities such as furniture stores, hotels and motels, restaurants, and some commercial recreation and cultural facilities such as movies and instruction in art and music. It also allows for some services that may potentially be large-scale and have a greater impact such as: car washes, automobile repair shops, trade schools and fitness centers. In addition, the zoning ordinance provides some limits to uses allowed in the C-2 zoning district to keep properties in this zoning district more compatible with adjacent small-scale commercial uses and neighboring residential uses. These limitations include requiring approval of a SUP by Council for fuel dispensing stations, convenience stores, nurseries, and outdoor automobile sales. Uses commonly associated with indoor mini -storage facilities are allowed by right only in the C-3 (General Commercial) and both industrial zoning districts. There are no conditions that would allow either indoor or outdoor storage facilities by right or with a SUP in any other zoning district. Storage facilities are typically excluded from lower intensity zoning districts because they often involve lights, noise, and traffic impacts that are not compatible with small-scale scale business establishments, residential properties, and special overlay districts intended to protect and maintain specific architectural and landscape characteristics of a specific area. Review of Other Zoning Ordinances Depending on the jurisdiction, indoor mini -storage facilities may be referenced by equivalent terminology, such as "self -storage units" or personal "internalized personal property storage". Staff researched the permissibility of indoor mini -storage facilities in other cities and towns throughout the Valley and did not find any that would prohibit the use in an intermediate commercial zoning district unless the use was further regulated by an overlay zoning district. Several cities and towns allow personal indoor storage facilities by right in intermediate commercial districts. Other jurisdictions allow them in intermediate commercial zoning districts as conditioned by a SUP. Jurisdictions with a downtown or town center commercial zoning district did not allow mini -storage within that commercial zoning district. Analysis Residential development continues to fuel the need for climate -controlled indoor storage facilities. Storage facilities are especially desirable in close proximity to renters and in easily accessible locations. While many large-scale self-service storage facilities typically operate in areas characterized by high -intensity, non-residential uses, some small-scale self-contained facilities are more polished in appearance and are intended to cater to a smaller market radius. The proposed text amendment considers both the continued demand for indoor mini -storage units and the evolved design of mini -storage facilities over years, while continuing to encourage thoughtful consideration through the public review process as required by Section 2.02 of the Zoning Ordinance regarding Special Use Permits. As discussed earlier, indoor mini -storage facilities are currently allowed by right in the C-3 and all industrial zoning districts. These zoning districts are intended to accommodate businesses that serve markets beyond the immediate neighborhood in locations where there is adequate access to major streets and highways. Mini -storage facilities are intended to serve a more localized market. By allowing these facilities in the C-2 zoning district with a SUP, mini -storage businesses will find a larger inventory of properties in the Town that could accommodate this use without the need to rezone. Furthermore, by granting a SUP in lieu of a rezone, the use of the property will be limited to that for which it is granted, and precludes other more intense uses allowed by C-3 or industrial zoning districts. It should be noted that this text amendment does not preclude overlay districts from prohibiting indoor mini -storage facilities, even while the underlying zoning district might normally accommodate them. Providing a mechanism to allow an indoor mini -storage facility with a SUP in the C-2 allows the public, Commission, and Council to comment on details such as hours of operation, traffic impacts, architectural design, landscape treatments and separation from neighboring uses. The Commission may make other suggestions to Town Council concerning other ways in which a proposed mini -storage facility may be acceptable and compatible to an area. Per Section 2.02 of the Zoning Ordinance, should any of the conditions or terms of a SUP be violated after it has been granted, the Town Council may revoke it or the applicant may be asked to apply for a new SUP. Based on staff review, the one concern staff has with the proposed ordinance change is the potential impact on the Town Center area. As noted above, jurisdictions with specific downtown or town center zoning districts did not allow for mini -storage as a use by right or with a Special Use Permit in these zones. Downtown areas are intended to be developed with high traffic, pedestrian -friendly and supportive uses such as retail stores, restaurants, entertainment activities, and high -density residential. The fact this change is proposing a requirement for a Special Use Permit to allow the use rather than making it a use by right gives some opportunity to control the use in the Town Center area but it does open the door and the use would need to be allowed if it meets the general ordinance standards. Related Ordinance, Policy or Guiding Principle General Plan 2010, Chapter 3 - includes goals and policies related to improving use of existing commercial property and being creative in attracting small and medium-sized businesses. This chapter also includes policies regarding the importance of protecting residential neighborhoods from incompatible uses. Zoning Ordinance, Chapter 12, Sections 12.02 - 12.06 - lists the uses permitted and those requiring Special Use Permits in each of the commercial zoning districts. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission held a public hearing and considered this proposed text amendment at its regular meeting on July 13, 2020. No citizens spoke for or against this proposed text amendment. The Planning and Zoning Commission recommends approval of the proposed amendment as presented. Staff Recommendations) Staff recommends approval of the proposed text amendment. SUGGESTED MOTION MOVE to adopt Ordinance 20-10. Ord 20-10 Draft P&Z Minutes Inbox Development Services Director Town Attorney Town Manager Form Started By: Farhad Tavassoli Final Approval Date: 08/26/2020 Attachments Form Review Reviewed By Date John Wesley 08/20/2020 07:04 AM Aaron D. Arnson 08/20/2020 08:45 AM Grady E. Miller 08/26/2020 01:05 PM Started On: 08/12/2020 10:15 AM ORDINANCE NO. 20-10 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 12, COMMERCIAL ZONING DISTRICTS, BY ADDING A NEW PROVISION TO SECTION 12.05, TO ALLOW INDOOR MINI - STORAGE IN THE C-2 ZONING DISTRICT UNDER THE CONDITION OF A SPECIAL USE PERMIT RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 12, Commercial Zoning Districts by adding a new provision to Section 12.05, to allow indoor mini - storage in the C-2 zoning district under the condition of a Special Use Permit; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARiz. REV. STAT. § 9- 462.04, public hearings regarding this ordinance were advertised in the May 20, 2020, May 27, 2020, August 26, 2020, and September 2, 2020 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on June 8, 2020 and by the Town Council on September 15, 2020. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.05, Uses Subject to Special Use Permits in C-2 District Only, is amended as follows: M. INDOOR MINI -STORAGE SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. ORDINANCE 20-10 PAGE 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 15 day of September, 2020. FOR THE TOWN OF FOUNTAIN HILLS: Ginny Dickey, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney D I TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION J U LY 13, 2020 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Chairman Hansen called the meeting of the Fountain Hills Planning and Zoning Commission of July 13, 2020, to order at 6:00 p.m. and led the Commission and staff members in the Pledge of Allegiance and a Moment of Silence. 2. ROLL CALL Present: Commissioner Clayton Corey; Chairman Erik Hansen; Commissioner Scott Schlossberg; Commissioner Dan Kovacevic Absent: Commissioner Susan Dempster; Vice Chairman Peter Gray Staff John Wesley, Development Services Director; Farhad Tavassoli , Senior Present: Planner; Paula Woodward, Executive Assistant 3. CALL TO THE PUBLIC None. 4. CONSIDERATION OF approving the meeting minutes of the Planning and Zoning Commission June 8, 2020. MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Dan Kovacevic to approve the meeting minutes of the Planning and Zoning Commission June 8, 2020. Vote: 4 - 0 - Unanimously 5. HOLD A PUBLIC HEARING AND CONSIDER amending the Zoning Ordinance adding a new Chapter 26, Planned Shopping Plaza Overlay. Chairman Hansen opened the public hearing. Mr. Wesley gave a PowerPoint presentation (Exhibit A attached hereto and made a part hereof), which addressed: BACKGROUND PROPOSED NEW CHAPTER 26 FURTHER CONSIDERATION COMMISSION OPTIONS Planning and Zoning Commission Meeting of July 13, 2020 2of7 Mr. Wesley said that this is an opportunity to add another Chapter (26) to the Zoning Ordinances. During the Town's incorporation, the Maricopa County ordinances were used with some minor changes. The downtown area was developed as an urban core area. Most of the area was and is a C-2 zone. The other area, Plat 208 was developed by the County prior to incorporation. It was platted with common parking areas so individual lots would not need to provide on -site parking. The C-2 zoning requires individual properties to provide their own parking and meet set back and lot coverage requirements. Variances were approved for the Plat 208 area to allow zero lot line buildings and common parking areas. As time passed and development continued the town decided they did not want to continue with the issuance of variances. To allow the continuance of development in Plat 208 the town created and approved a zoning overlay district called the Planned Shopping Plaza Overlay District inn 1992. This allowed lots 10,800 or smaller to have 100% lot coverage and not provide parking. Lots larger than the 10,800 square feet were allowed to have 60% lot coverage and provide their own parking. The Town adopted a zoning ordinance specific for the town in 1993. The 1993 ordinance did not include the Planned Shopping Plaza Overlay zoning designation and is not included in the zoning ordinance today. In 1998 the Town approved an ordinance which amended the 1992 Planned Shopping Overlay district. The amendment did bring some of the overlay district in line with the Town's 1992 zoning ordinance. The effect of the 1992 ordinance is unclear since it was not placed in the zoning ordinance. Mr. Wesley concluded that the Town has continued to rely on the provisions of the overlay ordinance for development in this area. It has now come to the Town's attention that it cannot rely on an ordinance that is no longer in effect. The proposed text amendment would re-establish the overlay district by adding it to the zoning ordinance as Chapter 26. The new ordinance would fit the structure of the current zoning ordinance. He said that staff recommends approval with resolution on the following items: Reduce or eliminating the parking requirements for the lots over10,800 square -feet. Allowing more than 60% lot coverage on the lots over 10,800 square -feet. Mr. Wesley suggested that the Commission may want to review this agenda and the next agenda item requesting a Special Use Permit in the downtown C-2 zone, before making decisions. Chairman Hansen agreed and Mr. Wesley reviewed the current Chapter 26 and the proposed changes to Chapter 26. Mr. Wesley explained what would be allowed in a C-2 and C-3 zoning with a Special Use Permit. The indoor mini -storage would be allowed in a C-2 with a Special Use Permit. The indoor mini -storage would not be allowed in the overlay district. Commissioner Schlossberg asked if they have an owner's association. Mr. Wesley replied that from the inception of the downtown district with the common parking area that serves all the uses, there is a separate track that controls and maintains the common parking area. It is similar to a property owners association. Commissioner Kovacevic asked about a parking study. He asked, what is the number of lots Planning and Zoning Commission Meeting of July 13, 2020 3of7 that are over the 10,800 square feet and what is the total amount of square footage combined? Mr. Wesley replied that the whole area was laid out and designed for three-story buildings. The parking was created to accommodate three-story buildings. Mr. Wesley said that he did not have an exact number of the larger lots but there is only one 10,800 that has not been developed. In response to Commissioner Kovacevic, Wesley said that any place within a C-2 zoning could apply for a special use permit to allow any of the uses listed under 12.05. Once the code is amended for the mini -storage, a SUP could be used for a mini -storage in a C-2 zoning. Commissioners Corey asked is there a statement in the area that there is more or less parking. Mr. Wesley said the belief is that there is plenty of parking. The parking was created based on the three-story buildings. Most buildings in that area are one to two-story. More parking would be required for any lots over 10,800 square -foot lot. Commissioner Kovacevic said that he never has a hard time finding parking downtown. The town will grow into what it was designed. He said he would hate to see it run short of parking. He would like to know exactly the amount of parking, how much square footage per building and their parking use. Commissioner Corey said he did not have concerns about the parking. Chairman Hansen said that the parking concerns can be a continued conversation. Chairman Hansen closed the public hearing. MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Dan Kovacevic to forward a recommendation to the Town Council to approve amending the zoning ordinance adding a new Chapter 26, Planned Shopping Plaza Overlay as submitted and recommended by staff with two modifications: 1. amend section 26.02 to allow the (climate control mini -storage) opportunity to apply for a Special Use Permit 2. remove the limitations of the 60% lot coverage on the lots over 10,800 square -feet. Vote: 4 - 0 - Unanimously 6. HOLD A PUBLIC HEARING AND CONSIDER Ordinance 20-10 amending Chapter 12, Commercial Zoning Districts, by adding a new provision to Section 12.05, to allow indoor mini -storage in the C-2 zoning district under the condition of a Special Use Permit. Planning and Zoning Commission Meeting of July 13, 2020 Chairman Hansen opened the public hearing. 4of7 Senior Planner, Farhadi Tovassoli said that this item is continued from the Jun 8, 2020 meeting to allow the Commission to hear the proposed Planned Shopping Plaza Overlay District for Plat 208 which allows for a Special Use Permit for this area of the Town before taking action. Mr. Tavassoli gave a PowerPoint presentation (Exhibit B attached hereto and made a part hereof), which addressed: REQUEST C-2 ZONING DISTRICT (INTERMEDIATE COMMERCIAL): DESCRIPTION OF INDOOR MINI -STORAGE FACILITIES INDOOR MINI -STORAGE IN NEIGHBORING JURISDICTIONS ANALYSIS AND STAFF RECOMMENDATIONS Mr.Tavassoli explained that the proposed text amendment to allow indoor mini -storage in C-2 with a Special Use Permit is staff initiated but in response to the Commission's direction to amend the zoning ordinance. Currently mini -storages are allowed in the C-3 zoning and all industrial districts. The C-2 zoning district (Intermediate commercial) is for the sale of goods and service to clientele beyond the immediate neighborhood. It is designed for application at major intersections and maintain compatibility with adjacent uses. The Town may grant a SUP for certain uses. Indoor mini -storage's are becoming more and more popular. They are designed for storage of personal property in modestly -sized units that are climate -controlled. The buildings are secure, well lit and polished in appearance. Mr. Tavassoli said that in drafting the proposed text amendment, sixteen other jurisdictions were reviewed. Thirteen jurisdictions allowed the indoor mini -storage as matter of right in certain districts and additional districts with Special Use Permit. Three jurisdictions ( Cave Creek, Queen Creek and Goodyear) required SUP regardless of the zoning. None of the jurisdictions allowed storage of any kind in its town/city center overlay districts. In conclusion Mr. Tavassoli said that the text amendment addresses the demand for indoor mini -storage facilities within close proximity and expands inventory of potential sites, the text amendment encourages detailed analysis of factors such as traffic impact, appearance, noise and business hours. Staff recommends approval of the amendment. Commissioner Schlossberg commented that he remembers the rendering from a previous meeting as an aesthetically pleasing building. The appearance of the building would be an improvement to some existing buildings in the area. He agreed with the location and that there is a need for storage. Commissioner Corey agreed with Commissioner Schlossberg. Commissioner Kovacevic asked if the drive thru issue mentioned at a previous meeting was resolved. The suggestion was that a car could pull thru the storage facility and close a garage door behind them to unload cargo in privacy. Mr. Wesley said that the applicant is aware of the drive thru component and are working to address that. Planning and Zoning Commission Meeting of July 13, 2020 5of7 Mr. Wesley told the Commission that If there is a desire amongst them to leave the door open for the possibility for a mini -storage at that location (staff recommended against it previously) the ordinance(s) would need to be amended. One would be to allow a climate control indoor self -storage facility by right in the C-2 district or put it in section 12.02.0 instead of 12.05. so, no SUP is required OR in Chapter 26 open it to all the Special Use Permits in the C-2 district OR a mini -storage is permitted in 12.05 but nothing else. In response to Commissioner Kovacevic Mr. Wesley replied that if a Special Use Permit is required a site plan would be presented to the Commission for their review. Chairman Hansen closed the public hearing. Chairman Hansen asked for a motion for item #5 regarding the addition of Chapter 26, Planned Shopping Plaza Overlay. Mr. Wesley said that the Commission has a few options regarding action. They can approve as submitted, approve with modifications, continue or deny adding the new Chapter 26, Planned Shopping Plaza Overlay. MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Scott Schlossberg to forward a recommendation to the Town Council to approve Ordinance 20-10 amending Chapter 12, Commercial Zoning Districts, by adding a new provision to Section 12.05, to allow indoor mini -storage in the C-2 zoning district under the condition of a Special Use Permit. Vote: 4 - 0 - Unanimously 7. HOLD A PUBLIC HEARING AND CONSIDER amending the Town of Fountain Hills Zoning Ordinance, Section 1.12 by changing the definition of dwelling unit, Section 5.06 G regarding large accessory structures, and Section 10.02 A. 13. regarding guest houses. Mr. Wesley gave a PowerPoint presentation (Exhibit C attached hereto and made a part hereof), which addressed: BACKGROUND PROPOSED AMENDMENTS -DWELLING UNIT PROPOSED AMENDMENTS -GUEST HOUSE PROPOSED AMENDMENTS -LARGE ACCESSORY BUILDINGS OPTIONS Mr. Wesley said that the current code needs to be amended to ensure that by allowing kitchens in guest houses do not result in the creation of duplexes —two homes on one lot. The current zoning ordinance includes definitions of dwelling units and guest houses and regulations for large accessory buildings. The combination of the regulations is not clear and can be confusing. Staff has taken this opportunity to review all of these areas and propose a set of text changes to simplify and clarify the regulations. Mr. Wesley said staff researched how other municipalities handled accessory dwelling units and guest houses. The majority had ordinances with provisions for these types of uses. Mr. Wesley said that staff supports Planning and Zoning Commission Meeting of July 13, 2020 and recommends the changes. 6of7 Commissioner Corey said that this reads well and is very clear. Chairman Hansen asked if code enforcement has received any complaints regarding incognito creations of duplexes. Mr. Wesley replied that there are some issues that have come by the building permitting side but have been easily resolved. Chairman Hansen closed the public hearing. MOVED BY Commissioner Scott Schlossberg, SECONDED BY Commissioner Clayton Corey to forward a recommendation to the Town Council to approve amending the Town of Fountain Hills Zoning Ordinance, Section 1.12 by changing the definition of dwelling unit, Section 5.06 G regarding large accessory structures, and Section 10.02 A.13.regarding guest houses. Vote: 4 - 0 - Unanimously 8. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Commissioner Kovacevic said he would like to know how over parked is Plat 208. 9. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 10. REPORT from Development Services Director. Mr. Wesley said that the August meeting is cancelled due to COVID. Staff is currently working on some more text amendments to present to the Commission in September. 11. ADJOURNMENT The Regular Meeting of the Fountain Hills Planning and Zoning Commission held July 13, 2020, adjourned at 7:31 p.m. PLANNING AND ZONING COMMISSION Erik Hansen, Chairman ATTEST AND PREPARED BY: Paula Woodward, Executive Assistant Planning and Zoning Commission Meeting of July 13, 2020 7of7 CERTIFICATION I herby certify that the forgoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Planning and Zoning Commission of Fountain Hills in the Town Hall Council Chambers on the 13th day of July, 2020. 1 further certify that the meeting was duly called and that a quorum was present. Dated this 8th day of September, 2020. Paula Woodward, Executive Assistant ITEM 8. D. Meeting Date: 09/15/2020 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Ordinance 20-20 proposing changes to Town Code Chapter 10, Health and Sanitation, Sections 10-2-1, 10-2-2 D., and 10-2-15 relating to property and landscape maintenance. Staff Summary (background) Chapter 10 of the Town Code covers issues of health and sanitation. Article 10-2 is for litter and nuisances. There are several provisions in this Article that address property and landscape maintenance. Code Enforcement staff regularly use these sections, as well as others within the Town Code when working with residents on property maintenance issues. Over the years staff has noted a significant number of issues and challenges they have with the wording in the current code that make enforcement somewhat difficult. The proposed text changes are designed to address those challenges and improve the ability of our code enforcement officers to achieve compliance with regard to these types of violations. Amendments are proposed to three sections in Article 10-2 of the Town Code. Section 10-2-1 Definitions One of the biggest challenges staff faces is with property maintenance, particularly related to native vegetation (also referred to as weeds) and whether or not it is becoming a nuisance. To address these issues, staff has developed definitions to distinguish between the different types of landscaping. These definitions include ones for "Developed Property", "Landscaped Area", "Native Vegetation", "Natural Desert", and "Weed." The proposed definitions are: E. "DEVELOPED PROPERTY" means occupied real property, which has been altered from its natural state by the creation or addition of any buildings, structures, pavement, or other improvements. H. "LANDSCAPED AREA" means an exterior improvement or change of land through replacement of native vegetation or addition of artificial topping material including, but not limited to landscape gravel, stones, or boulders or a combination of new vegetation and artificial topping material. K. "NATIVE VEGETATION" means naturally occurring plant growth or indigenous origin. L. "NATURAL DESERT" means unimproved land with primarily undisturbed native vegetation. Vacant lots are generally considered natural desert, even where previously graded or disturbed. V. "WEED" means any native vegetation growing in excess of six (6) inches within a landscaped area in an uncontrolled manner that may reasonably be determined to be detrimental or destructive and difficult to control or eradicate and may spread to adjacent property. Interpretation is the same regardless of whether an owner or occupant regards the vegetation as desirable. These additional definitions relate to the proposed provision in Section 10-2-15 and were created based on staff experience with these issues, review of related regulations from other municipalities, and discussions with the Town Attorney. One of the major proposed changes is establishing a definition for weeds and a 6-inch maximum height for them. The current Code does not define weeds and the subsection that covers them specifies that they are a public nuisance if higher than 24-inches. Section 10-2-2 Public Nuisances Defined This section of the Code lists specific acts, omissions, conditions or other things that can occur on public or private property or that are declared to be public nuisances. Item D. in this Section currently states: D. Poison oak, poison ivy, or any noxious or toxic weeds or uncultivated plants (whether growing or otherwise), weeds, tall grass, uncultivated shrubs, or growth higher than 24-inches or which present a fire hazard. This vague description has resulted in a lot of difficulty with the current code. Staff have experienced conflict with residents who have refused to remove weeds, claiming they were cultivated or that they are desert wildflowers, while other residents have refused to remove anything that is less than 24-inches tall since that is not considered a nuisance. The proposed regulation related to weeds is included in Section 10-2-15, therefore, it is recommended this section of the code be amended to read: D. Failing to maintain property consistent with the provisions specified in Section 10-2-15 of this Code. This recommended statement of what constitutes a nuisance, along with the new definitions and the provisions provided in Section 10-2-15, described below, give us greater ability to achieve the desired level of property maintenance, while taking into consideration the unique nature of properties in Fountain Hills, some of which are legitimately maintained with native vegetation as a portion of their overall landscaping design. The proposed Code provisions also better define expectations related to vegetation on vacant lots, using guidelines in the existing fire code. A notable change included in this section specifies the requirement that landscaping on private property must be maintained all the way to the street, which includes landscaping located in portions of the legal right-of-way. Although this requirement was always assumed and commonly observed, it was not specified in Town regulations, therefore, refusal to act in accordance with it has been unenforceable. Staff have multiple documented cases in which property owners refuse to maintain anything within the legal right-of-way, leaving the Town with no option, but to maintain such landscaping at Town expense. Lastly, the proposed provisions in this section address public safety regarding vehicular traffic, using specifications from other Town Code sections to stipulate requirements for vegetation obstructing the right-of-way or blocking the line of sight. Section 10-2-15 Unsightly Premises It is first proposed that the title of this section be expanded to: "Unsightly Premises/Landscaping Standards." The section will retain the original subsection on unsightly premises, but is being expanded significantly to provide clear statements of the landscape standards that must be met. The standards proposed to add to this section are: B. Landscaped areas on developed property visible from adjacent public or private property shall be maintained free from any condition which presents a deteriorated or neglected appearance, characterized by uncontrolled growth of vegetation; weeds; tall grass; dead, damaged or diseased trees, bushes, shrubs or portions thereof, or any palm or similar type tree having dead or dry fronds descending downward lower than six (6) feet above the ground. Neglected landscaped areas shall not be considered natural desert areas. C. Natural desert areas may be combined with landscaped areas on developed property provided that all areas are maintained free of vegetation that is substantially dead, damaged or diseased, and that no vegetation thereon constitutes a fire hazard or other threat to public health or safety. All property within thirty (30) feet of an occupied structure or within ten (10) feet of streets or alleys that is determined to be a hazard to surrounding areas by a local fire department official must be cleaned up as prescribed by the fire department. D. Vacant lots are considered natural desert areas; however, such lots must be maintained free of vegetation that is substantially dead, damaged or diseased and free of trash and other debris. Vacant lots determined to be a hazard by a local fire department official must be cleaned up as prescribed by the fire department. E. All private property owners are responsible to maintain respective properties to the boundaries out to the curb line, or the edge of the street pavement where no curb exists, including abutting rights -of -way and easements. Such property must be maintained consistent with the rest of the property to the same maintenance standards specified in this section. F. It is unlawful for any person to maintain or allow any tree, hedge, or other vegetation that prevents persons driving vehicles on public streets, alleys, or highways form obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. This includes, but is not limited to, any material growing along a public or private right-of-way, access drive, fire lane or utility easement, which by reason of its size, manner of growth or location, constitutes an obstruction, impairs visibility or otherwise endangers any person, improvement or structure. Acceptable line of sight varies based upon the topography of the specific intersection and shall be governed by Town regulations and standard engineering guidelines. G. All vegetation must be trimmed to provide a minimum of a fifteen (15) foot clearance above the pavement over all streets and alleys, as well as provide a minimum of a seven (7) foot clearance over all sidewalks. All shrubs, bushes and any other low-lying vegetation must be maintained so that it does not encroach onto, over or obstruct streets, alleys, or sidewalks. Each of the provisions listed above address an issue or challenge staff has faced when working with an owner or occupant to address nuisances issues with property and landscape maintenance. In particular, these provisions make it clear that maintenance of the property is their responsibility all the way out to the street, not just to the property line. Related Ordinance, Policy or Guiding Principle General Plan 2010 Mission Statement Town Code Section 16-1-4 B. 2. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Ordinance 20-20 as presented. SUGGESTED MOTION MOVE to adopt Ordinance 20-20. Ord 20-20 Presentation Inbox Town Clerk Development Services Director (Originator) Town Attorney Town Manager Form Started By: John Wesley Final Approval Date: 09/02/2020 Attachments Form Review Reviewed By Elizabeth A. Burke John Wesley Aaron D. Arnson Grady E. Miller Date 09/01/2020 07:42 AM 09/01/2020 08:53 AM 09/02/2020 08:33 PM 09/02/2020 08:54 PM Started On: 08/11/2020 08:14 AM ORDINANCE NO. 20-20 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTERS 10, HEALTH SECTIONS 10-2-1, 10-2-2 D., AND 10-2-15 RELATING TO PROPERTY AND LANDSCAPE MAINTENANCE RECITALS: WHEREAS, the Town Council desires to amend Chapter 10, Sections 10-2-1, 10-2-2 D., and 10- 2-15 of the Town Code provide definitions of and standards for the care of property and landscaping, as set forth in Exhibit A. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth herein. SECTION 2. Chapter 10, Sections 10-2-1, 10-2-2 D., and 10-2-15, of the Town Code are amended as set forth in Exhibit A. SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 151h day of September, 2020. FOR THE TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney EXHIBIT A TO ORDINANCE 20-20 [CHAPTERS 10, 11, AND 16] See following pages. Chapter 10, Health and Sanitation Article 10-2 Litter; Nuisances Section 10-2-1 Definitions E. "DEVELOPED PROPERTY" MEANS OCCUPIED REAL PROPOERTY, WHICH HAS BEEN ALTERED FROM ITS NATURAL STATE BY THE CREATION OR ADDITION OF ANY BUILDINGS, STRUCTURES, PAVEMENT, OR OTHER IMPROVEMENTS. €F. "Fowl" means any and all fowl, domesticated and wild, male and female, singular and plural. G. "Garbage" means putrescible animal and vegetable wastes, resulting from the handling, preparation, cooking and consumption of food. H. "LANDSCAPED AREA" MEANS AN EXTERIOR IMPROVEMENT OR CHANGE OF LAND THROUGH REPLACEMENT OF NATIVE VEGETATION OR ADDITION OF ARTIFICIAL TOPPING MATERIAL INCLUDING, BUT NOT LIMITED TO LANDSCAPE GRAVEL, STONES, OR BOULDERS, OR A COMBINATIN OF NEW VEGETATION AND ARTIFICIAL TOPPING MATERIAL. GI. "Litter" means garbage, refuse and rubbish and all other waste material which, if thrown or deposited in a manner prohibited by this article, tends to create a danger to public health, safety and welfare, and includes, but not by way of limitation, paper and metal, such as containers or cans. HJ. "Major repair" means the removal from any vehicle of a major portion thereof, including, but not limited to, the differential, transmission, head, engine block or oil pan. K. "NATIVE VEGETATION" MEANS NATURALLY OCCURRING PLANT GROWTH OF INDIGENOUS ORIGIN. L. "NATURAL DESERT" MEANS UNIMPROVED LAND WITH PRIMARILY UNDISTURBED NATIVE VEGETATION. VACANT LOTS ARE GENERALLY CONSIDERED NATURAL DESERT, EVEN WHERE PREVIOUSLY GRADED OR DISTURBED. fM. "Newspaper" means a publication regularly issued for dissemination of current news, matters of general interest and local happenings at stated short intervals of time whether such publication is distributed by paid subscription or for free. Such publication shall be from a known office of publication and shall bear the dates of issue and shall be numbered consecutively. dN. "Noncommercial handbill" means any printed or written matter, any sample or device, circular, leaflet, pamphlet, magazine paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the definitions of a commercial handbill or a newspaper. ISO. "Park" means a park, reservation, playground, recreation center or any other public area in the Town owned or used by the Town and devoted to public recreation. LP. "Private premises" means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes but is not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mail box belonging or appurtenant to such dwelling, house, building or other structure. MQ. "Public place" means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. AIR. "Refuse" means all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid market and industrial wastes. OS. "Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, metal cans, yard clippings, leaves, metal, wood, glass, bedding, crockery and similar materials. RT. "Streets or road" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, and includes the whole right-of-way of the public entity maintaining said way, whether such right-of-way is paved or not. OU. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks, except for a device propelled solely by human power. (o-n'�meaded, 01 /1o�8) V. "WEED" MEANS ANY NATIVE VEGETATION GROWING IN EXCESS OF SIX (6) INCHES WITHIN A LANDSCAPED AREA IN AN UNCONTROLLED MANNER THAT MAY REASONABLY BE DETERMINED TO BE DETRIMENTAL OR DESTRUCTIVE AND DIFFICULT TO CONTROL OR ERADICATE AND MAY SPREAD TO ADJACENT PROPERTY. INTERPRETATION IS THE SAME REGARDLESS OF WHETHER AN OWNER OR OCCUPANT REGARDS THE VEGETATION AS DESIRABLE. Section 10-2-2 D. D. Pe'son eak, ivy, or any nexieUS OF tGXiG weeds or unGUltivated plants (whet We , - .. )rwise I weeds, tall grass, URGUltivated shrubs or growth higher than 24 inches or which present afire hazard. FAILING TO MAINTAIN PROPERTY CONSISTENT WITH THE PROVISIONS SPECIFIED IN SECTION 10-2-15 OF THIS CODE. Section 10-2-15 Unsightly Premises/LANDSCAPING STANDARDS A. Every person owning, managing, or having charge, control or occupancy of any real property in the Town shall not allow any part of such property visible from the street or adjoining premises to become so unsightly or untidy as to substantially detract from the appearance of the immediate neighborhood or tend to threaten the safety and welfare of the immediate neighborhood. B. LANDSCAPED AREAS ON DEVELOPMED PROPERTY VISIBLE FROM ADJACENT PUBLIC OR PRIVATE PROPERTY SHALL BE MAINTAINED FREE FROM ANY CONDITION WHICH PRESENTS A DETERIORATED OR NEGLECTED APPEARANCE, CHARACTERIZED BY UNCONTROLLED GROWTH OF VEGETATION; WEEDS; TALL GRASS; DEAD, DAMAGED OR DISEASED TREES, BUSHES, SHRUBS OR PORTIONS THEREOF, OR ANY PALM OR SIMILAR TYPE TREE HAVING DEAD OR DRY FRONDS DESCENDING DOWNWARD LOWER THAN SIX (6) FEET ABOVE THE GROUND. NEGLECTED LANDSCAPED AREAS SHALL NOT BE CONSIDERED NATURAL DESERT AREAS. C. NATURAL DESERT AREAS MAY BE COMBINED WITH LANDSCAPED AREAS ON DEVELOPED PROPERTY PROVIDED THAT ALL AREAS ARE MAINTAINED FREE OF VEGETATION THAT IS SUBMTANTIALLY DEAD, DAMAGED OR DISEASED, AND THAT NO VEGETATION THEREON CONSTITUTES A FIRE HAZARD OR OTHER THREAT TO PUBLIC HEALTH OR SAFETY. ALL PROPERTY WITHIN THIRTY (30) FEET OF AN OCCUPIED STRUCTURE OR WITHIN TEN (10) FEET OF STREET OR ALLEYS THAT IS DETERMINED TO BE A HAZARD TO SURROUNDING AREAS BY LOCAL FIRE DEPARTMENT OFFICIAL MUST BE CLEANED UP AS PRESCRIBED BY THE FIRE DEPARTMENT. D. VACNAT LOTS ARE CONSIDERED NATURAL DESERT AREAS; HOWEVER, SUCH LOTS MUST BE MAINTAINED FREE OF VEGETATION THAT IS SUBSTANTIALLY DEAD, DAMAGED OR DISEASED AND FREE OF TRASH AND OTHER DEBRIS. VACANT LOTS DETERMINED TO BE A HAZARD BY A LOCAL FIRE DEPARTMENT OFFICIAL MUST BE CLEANED UP AS PRESCRIBED BY THE FIRE DEPARTMENT. E. ALL PRIVATE PROPERTY OWNERS ARE RESPONSIBLE TO MAINTAIN RESPECTIVE PROPERTIES TO THE BOUNDARIES OUT TO THE CURB LINE, OR THE EDGE OF THE STREET PAVEMENT WHERE NO CURB EXISTS, INCLUDING ABUTTING RIGHTS -OF -WAY AND EASEMENTS. SUCH PROPERTY MUST BE MAINTAINED CONSISTENT WITH THE REST OF THE PROPERTY TO THE SAME MAINTENANCE STANDARDS SPECIFIED IN THIS SECTION. F. IT IS UNLAWFUL FOR ANY PERSON TO MAINTAIN OR ALLOW ANY TREE, HEDGE, OR OTHER VEGETATION THAT PREVENTS PERSONS DRIVING VEHICLES ON PUBLIC STREETS, ALLEYS OR HIGHWAYS FROM OBTAINING A CLEAR VIEW OF TRAFFIC WHEN APPROACHING AN INTERSECTION OR PEDESTRIAN CROSSWALK. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY MATERIAL GROWING ALONG A PUBLIC OR PRIVATE RIGHT-OF-WAY, ACCESS DRIVE, FIRE LANE OR UTILITY EASEMENT, WHICH BY REASON OF ITS SIZE, MANNER OF GROWTH OR LOCATION, CONSTITUTES AN OBSTRUCTION, IMPAIRS VISIBILITY OR OTHERWISE ENDANGERS ANY PERSON, IMPROVEMENT OR STRUCTURE. ACCEPTABLE LINE OF SIGHT VARIES BASED UPON THE TOPOGRAPHY OF THE SPECIFIC INTERSECTION AND SHALL BE GOVERNED BY TOWN REGULATIONS AND STANDARD ENGINEERING GUIDELINES. G. ALL VEGETATION MUST BE TRIMMED TO PROVIDE A MINIMUM OF FIFTEEN (15) FOOT CLEARANCE ABOVE THE PAVEMENT OVER ALL STREETS AND ALLEYS, AS WELL AS PROVIDE A MINIMUM OF SEVEN (7) FOOT CLEARANCE OVER ALL SIDEWALKS. ALL SHRUBS, BUSHES AND ANY OTHER LOW-LYING VEGETATION MUST BE MAINTAINED SO THAT IT DOES NOT ENCROACH ONTO, OVER OR OBSTRUCT STEETS, ALLEYS, OR SIDEWALKS. Amendments to Town Code Article 10-2 Litter; Nuisances Town Council September 15, 2020 www.fh.az.gov x 4-4, Overview • Background/Issues • Changes to Section 10-2-1 Definitions • Changes to Section 10-2-2 Public Nuisances • Changes to Section 10-2-15 Unsightly Premises www.fh.az.gov Background/Issues • Landscape maintenance is a primary area of focus for Code Enforcement www.fh.az.gov Background/Issues • Landscape maintenance is a primary area of focus for Code Enforcement Regular issues include: • Dead vegetation WI NS20 11 *0 www.fh.az.gov JUN Background/Issues • Landscape maintenance is a primary area of focus for Code Enforcement Regular issues include: • Dead vegetation • Line of sight www.fh.az.gov JUN Background/Issues • Landscape maintenance is a primary area of focus for Code Enforcement Regular issues include: • Dead vegetation • Line of sight • Poor maintenance www.fh.az.gov Background/Issues • Landscape maintenance is a primary area of focus for Code Enforcement Regular issues include: • Dead vegetation • Line of sight • Poor maintenance • Vacant vs. Native www.fh.az.gov Background/Issues • Landscape maintenance is a primary area of focus for Code Enforcement • Regular issues include: • Dead vegetation • Line of sight • Poor maintenance • Vacant v. Native • Current definitions and standards leave too much to interpretation www.fh.az.gov Section 10-2-1 Definitions • Current regulation do not clarify differences between • Developed Lot oUMM 12,T7 www.fh.az.gov Section 10-2-1 Definitions • Current regulation do not clarify differences between • Developed Lot • Vacant www.fh.az.gov Section 10-2-1 Definitions • Current regulation do not clarify differences between • Developed Lot • Vacant • Native desert www.fh.az.gov Section 10-2-1 Definitions * Adding definitions for: • Developed Property • Landscaped Area • Native Vegetation • Natural Desert e Weeds www.fh.az.gov !l Section 10-2-1 Definitions x 4-4, V. "WEED" means any native vegetation growing in excess of six (6) inches within a landscaped area in an uncontrolled manner that may reasonably be determined to be detrimental or destructive and difficult to control or eradicate and may spread to adjacent property. Interpretation is the same regardless of whether an owner or occupant regards the vegetation as desirable. • Currently allow up to 24" www.fh.az.gov !l Section 10-2-1 Definitions x 4-4, V. "WEED" means any native vegetation growing in excess of six (6) inches within a landscaped area in an uncontrolled manner that may reasonably be determined to be detrimental or destructive and difficult to control or eradicate and may spread to adjacent property. Interpretation is the same regardless of whether an owner or occupant regards the vegetation as desirable. • Currently allow up to 24" www.fh.az.gov !l Section 10-2-2 Public Nuisance Defined • Defines what is a public nuisance; Section 10-2-2 D addresses landscaping Existing D. Poison oak, poison ivy, or any noxious or toxic weeds or uncultivated plants (whether growing or otherwise), weeds, tall grass, uncultivated shrubs, or growth higher than 24-inches or which present a fire hazard. • Proposed D. Failing to maintain property consistent with the provisions specified in Section 10-2-15 of this Code. www.fh.az.gov Section 10-2-15 Unsightly Premises • Change title from " Unsightly Premises" to " Unsightly Premises/Landscaping Standards" Proposing to add six new standards to address the recurring issues • Defining what constitutes a nuisances in each situation www.fh.az.gov r-V J [N . Section 10-2-15 Be f � Landscaped areas on developed property MI loll W9 1 �"M • Applies to areas visible from adjacent public or private property • Cannot present " a deteriorated or neglected 99 appearance • Cannot have " uncontrolled growth of vegetation; weeds; tall grass; dead, damaged or diseased trees," etc. • Neglected considered landscaped areas shall not be natural desert areas www.fh.az.gov Section 10-2-15 C. Natural desert areas • May be combined with landscaped areas provided: UL`='jMffTrZZ9 1 � :M' • maintained free of vegetation that is substantially dead, damaged or diseased • no vegetation thereon constitutes a fire hazard or other threat to public health or safety • Fire Official may require clean up of areas within 30' of a structure or 10' of a street determined to be a hazard www.fh.az.gov r-v J [N � )oq, Section 10-2-15 D. Vacant Iots �fjb + * • Considered natural desert • "Must be maintained free of vegetation that is substantially dead, damaged or diseased" • Must be maintained "free of trash and other debris" • If determined to be a hazard by fire official, must clean as prescribed www.fh.az.gov r-v J [N � )oq, Section 10-2-15 E. x f �+* Maintain to the curb line • Maintenance responsibility does not end at property line • Maintain to same standard as rest of the property lik www.fh.az.gov r-V J [N � )oq, Section 10-2-15 F. x f �+* Maintain clear view on streets • Cannot block view of a driver to see intersection or sidewalk • Includes anything that is "an obstruction, impairs visibility or otherwise endangers any person, improvement or structure" I www.fh.az.gov r-V J [N . Section 10-2-15 G. f � Clearance over streets and sidewalks • Minimum 15' clearance over streets and alleys • Minimum 7' clearance over sidewalks • Shrubs, bushes, or other vegetation cannot obstruct streets, alleys, sidewalks www.fh.az.gov Options/Recommendation • Approve as submitted Approve with modifications • Deny • Return for further study • Staff recommends approval as submitted www.fh.az.gov Questions www.fh.az.gov l6r; 4-1 1 �-x I � I -�y ProposedDefinitions E. "DEVELOPED PROPERTY" MEANS OCCUPIED REAL PROPOERTY, WHICH HAS BEEN ALTERED FROM ITS NATURAL STATE BY THE CREATION OR ADDITION OF ANY BUILDINGS, STRUCTURES., PAVEMENT., OR OTHER IMPROVEMENTS. www.fh.az.gov � Proposed Definitions H. "LANDSCAPED AREA"" MEANS AN EXTERIOR IMPROVEMENT OR CHANGE OF LAND THROUGH REPLACEMENT OF NATIVE VEGETATION OR ADDITION OF ARTIFICIAL TOPPING MATERIAL INCLUDING, BUT NOT LIMITED TO LANDSCAPE GRAVEL, STONES, OR BOULDERS, OR A COMBINATIN OF NEW VEGETATION AND ARTIFICIAL TOPPING MATERIAL. www.fh.az.gov l6r; 4-1 1 �-x I � I -�y ProposedDefinitions K. "NATIVE VEGETATION"" MEANS NATURALLY OCCURRING PLANT GROWTH OF INDIGENOUS ORIGIN. L. "NATURAL DESERT"" MEANS UNIMPROVED LAND WITH PRIMARILY UNDISTURBED NATIVE VEGETATION. VACANT LOTS ARE GENERALLY CONSIDERED NATURAL DESERT, EVEN WHERE PREVIOUSLY GRADED OR DISTURBED. www.fh.az.gov ITEM 8. E. Meeting Date: 09/15/2020 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION of approving the first amendment to Cooperative Purchase Agreement C2020-065 with M. R. Tanner Development and Construction, Inc. Staff Summary (Background) By utilizing cooperative purchasing agreement contracts, the Town of Fountain Hills has been able to take advantage of competitive pricing from procurement processes of other municipalities. The cooperative purchasing agreement relating to this amendment and previously approved by the Town Council on March 17, 2020, is an excellent example of this process. Last year the City of Chandler solicited bids for Street Maintenance & Repair Services (RFP #PWO-745-4123). The City of Chandler awarded the contract to M.R. Tanner Development & Construction, Inc. The company has agreed to extend Chandler's contract pricing to the Town of Fountain Hills. In a typical fiscal year, the Public Works Department expends approximately $2.5 million on pavement management activities. Due to carryover of unexpended funding from prior years, the Public Works Department plans to utilize $800,000 in carryover savings for a total of $3.3 million to undertake additional road segments this spring. This contract amendment with M.R. Tanner will cover Fiscal Year 2020-21. On March 17, 2020, staff presented maps to the Town Council showing the recommended locations to be paved in FY 19-20 and FY 20-21. At that meeting, staff indicated that the downtown locations (shown in blue) would be undertaken as part of the 2020-2021 pavement management program and would coincide with the completion of the roundabout at Avenue of the Fountain and La Montana, and the offsite improvements for Keystone project. The pavement management program used to complete the Town of Fountain Hills pavement analysis in 2018, is a robust enterprise asset management system known as "Lucity." The pavement analysis conducted by IMS and staff prioritizes and optimizes a multi -year rehabilitation process using sound engineering and financial principles. To select rehabilitation candidates, the system prioritizes (ranks) the potential candidates using factors such as functional classification, pavement type, strength, and cost of deferral. Functional classification is used to prioritize roads that receive more traffic, serve commerce, and deteriorate at a more rapid rate. So in this case, arterials have a higher priority in the pavement management system followed by collectors and local roadways. In summary, the Town's pavement management program uses a combination of prioritization (road class, pavement type, & strength) and optimization (cost of deferral) to publish the recommended rehabilitation program based upon the models assigned funding. The pavement segments in the downtown to be undertaken this year include the following collector streets: La Montana - El Lago to Palisades Avenue of the Fountains — La Montana to Palisades The pavement segments proposed for the remaining locations (all classified as local streets) are shown on the map attached to this staff report. Related Ordinance, Policy or Guiding Principle Policy; Town adopted Procurement Policy Guiding Principle; Pavement Management Risk Analysis Failure to amend/renew the contract for street maintenance and repair could delay projects and result in higher pricing. Recommendation(s) by Board(s) or Commission(s) NA Staff Recommendation(s) Staff recommends the approval of the first amendment to Cooperative Purchasing Agreement C2020-065 -1 with M.R. Tanner Development & Construction, Inc. SUGGESTED MOTION MOVE to approve the first amendment to Cooperative Purchasing Agreement C2020-065 -1 With M.R. Tanner in the amount of $2,650,000.00. Fiscal Impact Fiscal Impact: $ 2.6 MIL Budget Reference: 64 Funding Source: Streets Fund If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Pavement Management map Pavement Management map updated from FY 19-20 Amendment 1 to CPA 2020-065 Inbox Public Works Director (Originator) Finance Director Town Attorney Town Manager Form Started By: Justin Weldy Final Approval Date: 09/03/2020 Form Review Reviewed By Date Justin Weldy 09/03/2020 06:49 AM David Pock 09/03/2020 07:10 AM Aaron D. Arnson 09/03/2020 08:17 AM Grady E. Miller 09/03/2020 08:44 AM Started On: 08/20/2020 03:24 PM Town of Fountain Hills PAVEMENT MAP FY20-21 PRAIRIE DOG T(2AIL 9�9 OOGPZ opf OVE 9 DR �.�°a�VjF9Fl -•r •cq o' � a CF �JNpOj oUN� c\� rclunvruuou� Rq'O S S�' • �` P P �PFq U�P �P A, 0 GO PU Cy "PLOOK n v+ t`N ,t1 � A a KIN �K y A a P NoR, lP� pUYG`F PNJS 2 0� c`qC Gil Al ASPEN �FSy MAICA "J LN P ¢ PC - �P?PP ,� VIEW MOUNTAIN PHWY '-_'_._.__.•' Dq/�. � A CT JO �P�GOJQ J� o 0 c9ST<<p AS EAGLE ORO PTOCR ERRA ! w ROADpRNNER �� TFp o 9P9oo ¢ M'A 9cF^ J� oo� \ PRINC SANTIAGO PL DESS PN�PO N ¢ rP R COURT Pp DOVE DR 9yN Z �qA 'J w CgAyF 30 C • F��o WREN CT p'p 9T9 \LOS CT (/rqN DT s 000� DR�nyr••P WPARRALA • CT DR WqA, '�`Hq DELGADO 0 SAN BLAS MOCHOS CT PALO GLEI CENTURY DR BUCKTHORN CT GLI Cr •, o�P `c9q'Y BREA CT 0 OLE �PeV� • 1'y� VILLA N9 ,� CAT SUNDO PRICY E K PEAR KLCT `O� � DRIVE � 9CF�c�� Cq DR v GLfN h� v� 0, oFF. pNRIDGE w STq�H-0R EAKWEWC SPRINGFIEL N Dq 3 • a� HEDGEHOG CQ fn SPRINGMON" BRITTLEBUSH 5 oa n G CIVy v°,°p P� CR yTHD LN RN MIDLAND DR 2 A oPE YDES RT O GPG�F ANYDNPOR Wq y BURDRAGE m o CyUP NE � CT qDS PN'P o JOJOBA LN � Y� NMBLEWEED MORNING GLORY WAY RHOADS CT— F/y JP��t DR DI? LAM WAY TER R MCDOWELL MOON A N RD 2 � FYRgrCASCADE DR r BACA DR my PHEASANT TROJAN Q QQ � RSrR P EMERALD R > Np GYM AREAS �F9q C�NC CT gLFGRf y Q •':._ .. Q `~' w o9P oP ?ep. Q� 2 a oP oo "'o o� moo ��"2 p DR � _ � '� HILL ENOA KINGSTREE HF 2 e � � R n G .S WSTq DR ,SIDE pR WAYICGS QJV o g7 •_ 'fpPo;�oc��to� �o� �'N�T/qN ENE /fFDTq LN qAN DR PJGOSZP GO\Pa vo WE(LS Oq �Z 9NNFSpP • Y, a PALATIAC........ Tq ? PLA �NICKCAUS N/BC/C Tay` w� vALLEYrNSTA%'" CIR y BLVD £WA'D yEq PALM R W _ __ E NICki ��,. LNGEN WAY q LEGEND: N _ LOCAL (2" AC ON 6" AB) W E S BUSINESS/INDUSTRIAL COMMERCIAL (4" AC ON 6" AB) MAP DATE: 9-1-2020 Town of Fountain Hills DOWNTOWN FY 19-20 E P��P DR a EEgo BRITT o T A N ESO Poza va• LA MONTANA M '. of DRl E NMA tiq N V F' '�, E ao ATE'• � q E . Q ROSETTA DR CRYSTAL PO/ E Q� OR YS E NT E E- pqE Q E RIDGE E DR DR 4qE Q, S� h, WOOD �o �OST c T DR S DR SEE E ARROYO LAMp�IGH�ER EEC DR LEGEND _ NEW PAVEMENT N W E _ FUTURE -NEW PAVEMENT S MAP DATE: 3-2-20 Contract No. 2020-065.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND M.R. TANNER DEVELOPMENT AND CONSTRUCTION, INC. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment") is entered into as of September 2, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and M.R. Tanner Development and Construction, Inc., an Arizona corporation (the "Contractor"). RECITALS A. After a competitive procurement process, the City of Chandler, Arizona entered into Contract No. PWO-745-4123, dated January 15, 2020 (the "City Contract"), with the Contractor for the Contractor to provide street maintenance and repair services. The City Contract is attached hereto as Exhibit A and is incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated February 18, 2020 (the "Initial Agreement"), and based upon the City Contract, for the Contractor to provide the Town with street maintenance and repair services (the "Materials and Services"). C. The Initial Agreement is referred to herein as the "Agreement." All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. D. The Town has determined that it is necessary for the Contractor to perform additional street maintenance and repair services (the "Additional Materials and Services") and that it is necessary to provide additional compensation for the provision of the Additional Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Scope of Work. Contractor shall provide the Additional Materials and Services (i) under the terms and conditions of the City Contract and (iii) pursuant to instructions from the Town and as may be agreed upon by the Parties. 2. Compensation. The Town shall increase the compensation to Contractor by not more than $2,650,000.00 for the Additional Materials and Services at the rates set forth in the City Contract and more particularly in the Proposal, resulting in an increase of the aggregate not -to - exceed compensation from $3,400,000.00 to $6,050,000.00. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non -Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 5. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 6. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 3 "Contractor" M.R. TANNER DEVELOPMENT AND CONSTRUCTION, INC. a(n) Arizona corporation Name: Title: (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2020, before me personally appeared the of M.R. TANNER DEVELOPMENT AND CONSTRUCTION, INC., a(n) Arizona corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. (Affix notary seal here) M Notary Public EXHIBIT A TO COOPERATIVE PURCHASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND M.R. TANNER DEVELOPMENT AND CONSTRUCTION, INC. [City Contract] See following pages.