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HomeMy WebLinkAboutPZ.2019.0509.Minutes n t TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING& ZONING COMMISSION May 9,2019 AGENDA ITEM# 1—ROLL CALL AND PLEDGE OF ALLEGIANCE Chairman Dempster opened the meeting at 6:00 p.m. Chairman Dempster requested participation in the Pledge of Allegiance. AGENDA ITEM#2-ROLL CALL: The following Commissioners were present: Chairman Susan Dempster, Vice-Chairman Erik Hansen, Commissioners Mathew Boik, Peter Gray and Scott Schlossberg. Commissioner N'Marie Crumbie was absent. Christopher Jones arrived at 6:05 p.m.Also in attendance were Marissa Moore, Senior Planner and Paula Woodward, Executive Assistant. AGENDA ITEM#3- CALL TO THE PUBLIC No one from the public wished to speak. AGENDA ITEM # 4 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING COMMISSION MEETING MINUTES APRIL 25,2019. Vice-Chairman Hansen MOVED to APPROVE the meeting minutes dated Thursday, April 25, 2019 as written. Commissioner Boik SECONDED and the MOTION CARRIED UNANIMOUSLY 6/0. AGENDA ITEM#5-PUBLIC HEARING AND CONSIDERATION OF ORD#19-08,AMENDING Col THE OFFICIAL ZONING DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS,ARIZONA, BY CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 5.74 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF N SAGUARO BOULEVARD AND E TREVINO DRIVE (APN#176-10-811) FROM C-1 — NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT TO C-2 — INTERMEDIATE COMMERCIAL ZONING DISTRICT. (CASE Z2019-03) Chairman Dempster opened the public meeting at 6:05 p.m. Marissa Moore, Senior Planner reviewed the information in the staff report along with a PowerPoint presentation. She explained the applicant is requesting to revert the property at 9700 N Saguaro Blvd to C- 1 and no longer have the Hemingway Planned Area Development (PAD). The Hemingway PAD expires on May 21, 2019. The applicant is making this request because he wants to develop the site for a small hospital medical facility. Ms. Moore provided highlights of the C-1 zoning and C-2 zoning districts. C-1 zoning is to serve a surrounding residential neighborhood, as well as to provide for services to the community. C-1 zoning allows operations of commercial and professional activities between the hours of 7 a.m. to 11 p.m. through the approval of a Special Use Permit. C- 2 zoning is to serve the market areas extends beyond the immediate residential neighborhoods. Staff believes the most appropriate use for this site would be C-2 zoning. The property has sat vacant since pre-incorporation with the C-1 zoning designation. Re-zoning to C-2 would provide additional uses for developing this site. Ms. Moore explained the procedural approach. The project currently is zoned Hemingway PAD with an underlying zoning designation of C-1. The base underlying zoning is C-1 and the Hemingway PAD is zoning designation that allows for certain zoning criteria to differ from the base C-1. The property owner requested to revert the zoning back to just C-1 and no longer have the Hemingway PAD designation. The Page 1 of 8 Hemingway PAD designation expires on May 21, 2019. The reversion request does not come before the Planning and Zoning Commission per the PAD stipulations. The Town Council is scheduled to take legislative action at the June 4,2019,Town Council meeting regarding the revision request of C-1 zoning. If the request is approved the property will then be just C-1 without the Hemingway PAD designation. The request for rezoning the property from C-1 to C-2 is contingent upon the approval to revert the property to C-1 zoning. Ms.Moore provided a motion to assist the commission. Commissioner Gray asked, in the event the council chooses not to revert what is the designation of the property at that time. Ms.Moore replied the Town Council has two options;extend it to another year or revert it to C-1 zoning. Per the stipulations in the Hemingway PAD council is required to take legislative action. Ms. Moore explained the land use designation in the general plan designates this area as general commercial/retail. Ms. Moore reviewed adjacent zoning and land uses around the proposed project site. Circle-K is open 24 hours. McDonalds operates from 5 a.m. to 11 p.m. which is outside of the regulated hours.McDonald's hours were established pre-incorporation. The Target Plaza is zoned C-2 with it's own PAD. Maps were displayed of non-residential, industrial and residential areas located near the site. The Genreal Plan is a long range plan that is mandated by the state. Every ten years the Town reviews and updates the plan. Ms.Moore reviewed the general plan analysis and how the site complied with sections of the 2010 general plan. Ms. Moore said the setbacks are different in the two zoning districts. The C-lfront setback is twenty-five feet and the C-2 front setback is ten feet. Ms.Moore displayed the site plan showing site access off Trevino Drive. In reviewing all these things these are the findings from staff; 1. The proposed use—a small hospital with an emergency room—is a much-needed facility that serves the community and visitors 2. It meets several goals of the General Plan; 3. It is located at a prime location for this type of facility; 4. The property is already zoned for commercial development and the additional uses allowed in the C-2 Zoning District are not significant; 5. Site Plan will require staff review and approval by the Development Services Director prior to issuance of a building permit; 6. Site plan must comply with all Town regulations; 7. Any variations from Town regulations would have to go through a public hearing process; 8. A Traffic study,dedication of right-of-way,and required improvements to ROW must be made as part of the site plan and building permit review and approval process and development of the property; 9. Rezoning the property from C-1 to C-2 10. Site plan must conform to tentative plan provided with this request: 1. Building is located toward the southeast corner of the site; 2. All access from Trevino; 3. Staff will work with the applicant to mitigate concerns with noise and lights for this use, or any use,for the adjacent residential properties to the north and west MS. Moore conclude that staff's recommends approval of the request to rezone this property from C-1 to C-2. Approval is conditioned on the following stipulations: • Dedication of all required street right of way for adjacent streets; and, • Providing all right-of-way improvements required for adjacent streets. Ms.Moore told the commission that the following staff members were present and available to answer any questions; Michal Martella, Economic Development Analyst, Randy Harrel, Town Engineer and Jason 41) Payne,Fire Marshall. Page 2 of 8 Pete Peters,Hospital Project Manager introduced Dan Kauffman,property owner,Bob Quintana,architect, and Dr. Sandeep Yarlagaddda,hospital principal. Mr. Kauffman, property owner, said he listened to what was said at the June 26, 2018 Town Council meeting. At the meeting, they(Town Council) were skeptical of the Hemingway design and the revenue was a loser.They said it was like putting a"square peg in a round hole". Mr.Kauffman said that is why he changed to a much-needed urgent care hospital. The hospital will service all ages in Fountain Hills, from small babies who get sick in the middle of the night to stroke patients needing quicker medical help. The use for this site and its benefits make it a perfect location. He listened to the citizens and changed to something the town needs badly. This will generate income from the sales tax. As a town, we need to encourage businesses, not push them away. The hospital will employee higher wage earners. There will be a lot less traffic than the last proposal. The design will not block the views and it is adjacent to other commercial areas. Mr. Kauffman read aloud a letter from resident, Keith Ecker regarding the need and support for a hospital in Town. To Whom It May Concern! My name is Keith Eckert from Fountain Hills,AZ. 17010 E Calle Del Flores. I moved here in 1987. I have taken many trips to the emergency room at the Scottsdale Shea Hospital due to my wife's illness and complications due to her illness. In March of 2016 my wife Mary, had a life threatening STREP infection. I took her to the emergency room at Scottsdale and Shea.The time to travel and the waiting time at the emergency room was critical, as she needed medical attention immediately! She was forced into an induced coma and lived 10 days before she died on March 9'2016. I feel that if we had an emergency facility in Fountain Hills that could have given my wife faster treatment, she may still be alive today! I really support an emergency facility in Fountain Hills! It could and will be a lifesaver! Sincerely, Keith Eckert Bob Quintana, Architect, Dallas, Texas, explained the design to the commission. The site plan square footage allowed is 250,000 square feet. Only 42,200 square feet will be developed over three phases. The zoning for C-1 and C-2 allow for 60%coverage. The proposal is for 17%coverage. The areas around the building will be landscaped. This will appear as a park with a small building on it.The first phase is 12,000 square feet. The design of the building is a single story to blend in with the community. The proposed materials are barrel volta, stucco and stone. Phase I and Phase II are one story and Phase III is a two-story medical office building. The natural landform will abate most of the noise generated. A study regarding noise can be performed,if needed. Dr. Sandeep Yarlagadda,principal owner,told the commissioners a group of internal medicine and emergency medicine physicians owns the hospital. The loan is approved and funded by the bank. The earnest monies are deposited and are nonrefundable. Some staff has been hired. Dr. Yarlagadda said he and other physicians are relocating to live in the area and raise their families.The hospital website will be live,(https://fluncaz.com)t as soon as zoning is approved. Mr. Peters, project manager, explained the nationwide trend is micro hospitals. In Arizona hospitals are licensed for certain purposes. This is a general community internal medicine hospital. It will have everything a board certified emergency room is expected to have. Radiology services including CT, ultrasound,MRI,laboratory and a pharmacy. The hospital is not part of a corporation. In response to Commissioner Jones,Mr.Peters said that primary care would be available as a walk-in clinic. Phase I will have the walk in clinic, emergency room and in-patient beds. Phase II could have same day surgery and operating rooms. Phase III will bring more diagnostic services. Chairman Dempster asked about the number of in-patient beds. Page 3 of 8 Mr. Peters answered that Phase I consists of seven treatment rooms and five in-patient beds. The intent is • not to keep and treat for the long term,but to stabilize,release or transport. In response to commissioners' questions,Mr. Peters confirmed all three egress and ingress are on Trevino Drive. Vice-Chairman Hansen asked if the Town has a threshold for a project to require a PAD. Ms. Moore said there is no threshold as long as the project meets the zoning regulations for the zoning district. Commissioner Gray asked what specifically about this project does not fit into the C-1 zoning other than the time limits. Ms. Moore said there are two specific things; the area this project would serve is more than just the local neighborhood and by right hours of operation(24 hours)fit the C-2 zoning.A special use permit would be required in the C-1 zoning if the hours of operation proposed remained. Those two things put together fit into the C-2 zoning. Commissioner Gray questioned the height of the building and how and if it fit into the C-1 zoning. Ms. Moore said it would depend on the site plan and the sensitivity of the surrounding neighborhood. Chairman Dempster asked is it possible to build the two-story building within the twenty-five feet. Mr. Peters answered the intent is to cut the first floor into the grade. The first floor will be semi recessed. This will keep it at twenty-five feet,one and one-half stories. S In response to the commissioner's questions, Ms. Moore said that if this were rezoned as C-2, all of the uses outlined in C-2 as permitted in C-2 would be allowed at this site. If this particular project would have to be in compliance with what the applicant presents to the town.It does not restrict what can be done with this site. The zoning ordinance does not specifically address medical facilities. The uses in the C-1 zoning are allowed in the C-2 zoning. Assisted living facilities require a special use permit in C-1. Commissioner Jones asked if the height in the C-2 zoning is tied to the natural existing grade or proposed at grade and what is the maximum cut allowed in the zoning ordinance. Ms.Moore answered that historically it is tied to above natural grade,which was determined in 1991 from a topography analysis of the entire town. The cut is 120-foot visible max and 20-foot total cut allowed. More than ten feet would require a tuck into the hillside. Commissioner Jones commented that in Phase III, twenty feet above natural grade, and the two-foot contours would result in ten to sixteen feet higher than the Phase I building. If it was graded level,it could be thirty-six feet in height. In response to Commissioner Jones,Ms.Moore said that when a special use permit is approved it is tied to a specific use.If a building permit is not issued for that use within six months,the special use permit expires. A special use permit is not tied to the applicant but to the property. Commissioner Gray asked what designates a change in applicant. He also inquired about the medical use 411Dand how is that defined,more specifically can assisted living be included as a medical use. Page 4 of 8 Ms. Moore responded that after approval,a rezone is a rezone regardless of the applicant. The Town does not get involved if the property changes hands.A special use permit is tied to a project at a specific property and not to the applicant. Ms. Moore stated that she would look at the zoning ordinance as it relates to assisted living. Chairman Dempster asked if other properties were considered for the project. Mr.Peters said this was the only property. In response to Mr.Jones,Mr.Peters said the project is covering seventeen percent of the potential building area. Another option the applicant would entertain is building and maintaining a one story with seventeen percent building coverage. Commissioner Jones commented that the only concern would be the residents to the north and their views. Based on natural grade the C-2 zoning would allow it more height than the C-1 zoning would allow height because of natural grade. Mr. Peters explained the point of doubling the building to two stories is to create a parklike setting around the site. It is undeveloped now but many people look upon it as if it is a park. Chris Brant, Fountain Hills resident since 1983, expressed concerned that if the property was rezoned to C-2 it would open up the opportunity to put more less-desirable development on the property should the hospital not work out. Mr. Brandt questioned that the applicants only looked at one place and no other locations. Bill Knox, Fountain Hills resident, said the facility is the perfect place for land use. It will help the community from elderly to children and create jobs. It will bring income to the area. The vicinity of the • hospital makes sense. It would be minutes to the hospital instead of the current twenty-minute trip into Scottsdale. Gene Selecta,Fountain Hills resident,expressed excitement about the proposed in-town hospital. He said that Fountain Hills residents and visitors deserve to have better than the fifteen-mile drive to the nearest hospital. He stated that emergency services, fire and law enforcement, are available in minutes and emergency medical care should be too. This hospital should not be delayed,it is a quality of life issue. David Williams, Fountain Hills resident, said when he bought his home, located on the north boundary of the proposed site, in 2010 he was aware of the C-1 zoning. Mr. Williams said he did not oppose the first proposal called the Hemingway project but did oppose the senior living project that council unanimously rejected last year. Mr. Williams is not concerned about the hospital but about it rezoning to C-2, which would allow other types of development similar to the one the council,rejected. Alinka Zyrmont, Fountain Hills resident, stated she has issue with the proposed hospital location being granted C-2 zoning. It will create more traffic,noise,and congestion,and she wishes to protect surrounding home values. Ms. Zyrmont questioned Mr. Kauffman's credibility, that it is nonexistent with her and on those grounds requests the commission deny the C-2 rezoning and leave it C-1 zoning. Sometimes the individual is less important than the whole neighborhood. Doug Katonak, Fountain Hills resident since 1974, said he thinks the hospital is a great idea. He has used emergency services often and would like to see a hospital in closer vicinity to Fountain Hills. It would be helpful to him and all residents of Fountain Hills. Jane Bell,Fountain Hills resident for 39 years,said she and her husband purchased their home knowing the adjacent property was C-1 zoning. Mr. Kauffman purchased his property knowing it was C-1 zoning.The General Plan,Goal 5 -protect and preserve the existing neighbors from incompatable adjacent land uses. C-2 zoning would open up Pandora's Box. She would love to see the Commission keep it C-1 zoning. Page 5 of 8 Ted Bell, Fountain Hills resident, asked the commission to keep the property as C-1 zoning. The C-1 zoning was part of the decision making process when the Bell's purchased their home. C-1 zoning yields a modest well-designed commercial enterprise to serve a surrounding residential neighborhood. This is not a commercial area around this property.The commercial areas are across Trevino Drive. Larry Meyers,Fountain Hills resident for 38 years,said he does not think it is about a hospital. He thinks the location is suspect but he does think the hospital could be built on C-1 with special use permits. He said the citizens have had enough misdirection from Mr. Kauffman the last couple of years to cause skepticism. A lot of the word"if"came from Ms.Moore's presentation.The bottom line is the application is for C-2 zoning. Mr. Kauffman has tried to pull a couple of fast ones on this group. There is a problem with that parcel. Mr.Meyers referenced the Land Use Analysis,page 38,which shows buffers(roads,golf courses, multi-density housing or open land) between residential and commercial properties. This is the only commercial section in Town that does not have a buffer. This project should be zoned as the Hemingway under a specific zoning PAD tied to the project.This will protect peoples' investment. John Meredith,Fountain Hills resident,said the egress and ingress all dump on to Trevino Drive. There is also a parking mess with buses and trucks parking along Trevino. The parking problem is because the businesses do not have enough parking so they park along Trevino. There are a lot of empty retail lots across Shea Blvd already zoned C-2 that should be used. Three speaker cards were submitted but did not wish to speak. All three noted they were against the proposed project. Those cards were from Michelle Meltzer-Krook, Cheryl Blazejewski and Anthony Blazej ewski. Mr. Peters addressed the commission wanting to clarify that Mr. Kauffman is the seller of the land. The hospital project is independent owners/operators. There is no connection between the two other than Mr. Kauffman is the property seller and they are buying the property. Ms.Moore said Planning Staff,did look at the option of a special use permit. After reviewing the intent of the zoning district, Staff's recommendation to the applicant was for a C-2. In response to Commissioner Gray's earlier question, assisted living is not spelled out specifically in the zoning but if this was assisted living a special use permit would be required. Commissioner Gray said there are a few points to consider rezoning from C-1 to C-2. He said he is concerned about the wide breath of care this facility claims it will provide.The site plan appears to be very preliminary yet Dr. Yarlagadda stated tonight that some staff is hired and they are ready to break ground once the permit is issued. The second phase shown on the map does not synergize with what is shown on phase one.Regardless of any history of this property,what was presented today does not jive with a business plan or strategy that says it is ready to go today. Mr. Gray said he finds it hard to believe that only one location was looked at. Andrea Davis, commercial real estate broker, addressed the commission stating that she has been a commercial real estate broker for 20 years assisting new businesses and established businesses find successful locations to hold their businesses. Ms. Davis said when she originally started working with the medical group, existing building locations were considered. However,they did not meet the requirements for the what the hospital group needed. She stated as she started to understand the needs of the community it was realized a 24/7 urgent care facility in 5,000 square feet was not enough. There are no existing buildings that met the requirements of a hospital. Hospitals are very intricately designed along with innovative technology.The hospital group did look at other sites.Just because there is a vacant land zoned C-2 available elsewhere doesn't mean it was the site for this project. Commissioner Gray asked what is the overwhelmingly compelling argument that this is the desired parcel. Ms. Davis replied it is the accessibility of Saguaro and Shea Blvd.This is the main corridor. Page 6 of 8 Commissioner Gray asked if there is an appetite to develop this under the criteria of C-1 zoning and the special use permit to give the hospital the 24/7 operation. Ms. Moore replied while Dan is a developer and Andrea is a land broker,staff's main interaction has been with the medical group. The applicant is new to this process and not as savvy.They were relying on staff s interpretation. Ms. Moore referenced the zoning district. She said the intent of the C- 1 is to service surrounding residential neighborhood. To prrovide a location of modest design and provide services to the community. When comparing the two,this is staffs recommendation that the project fit into a C-2 category. Commissioner Jones agreed with Ms. Moore when looking at the definitions by the textbook, this makes sense to fit into a C-2 category. He said knowing that this site is immediately adjacent to residential; the use of intensity is between C-1, and C- 2, C-1 offers more buffers, because it is surrounded by more residential than the C-2. Now knowing the neighbors opposition to the fact that it is hard zoning,Mr.Jones asked Ms.Moore if she would reconsider to C-1 zoning with a special use. Ms.Moore said she discussed this with the Town Attorney,Development Services Director and other Town staff looking at it from different perspectives.Looking at the analysis this is the direction staff agreed. Ms. Moore said she would not have any aversion to the C-1 requiring a special use permit(for the 24/7 services) and tied to this project. Commissioner Jones commented that in this particular case considering the proximity to large lot residential and lack of buffering,this may be a special case to having the site plan and defined use tied to the zoning more pertinent.This would prevent another user from coming in with a different more intense use without amending the zoning stipulation because the site plan changed. Is that an option. Ms. Moore replied that this is an option and would require a special use permit. A special use permit ID involves a public hearing that is posted by public notice timelines. The current application can remain current while the special use permit is processed. It would be up to the applicant. Dan Kauffman explained staff recommended the C-2. He said he did not oppose C-1 zoning with a special use permit. Chairman Dempster closed public hearing at 7:42 p.m. Commissioner Jones commented he is highly in favor of the use and appreciates the applicant following staffs recommendation. He agrees with staff's recommendation except for what the potential future of what it could be, not what is proposed. The general plan identifies this corridor in that particular site as significant impact as it relates to Shea Blvd. In that regard, hospital use is appropriate area regardless if home sites are there. Mr. Jones stated he has reservations about the C-2 zoning and the open endness it would have when there are other avenues. Mr. Jones moved a continuance instead of denial or approval. This would give the applicant an opportunity to work with staff. Ms. Moore said if there is a continuance,the following are required; a date certain and specified why it is continued. A decision must be made for approval or denial within 60 days. If a decision is not made it defaults to the Town Council as a recommendation of denial. Mr. Peters replied, in all due respect to Mr. Kauffman he does not speak for the applicant. He may be willing to wait an extra period for continuance but the applicant does not have that luxury. The closing schedule is in place because of financing. If closing is not completed the doctors have to go back through underwriting again. The client has indicated if this project is not suitable for this area,they do not know if they can proceed.This is on the June 4th council agenda and the closing is on June 6"'. Mr.Peters requested a decision this evening. Page 7 of 8 Commissioner Jones asked if this could be handled in the same timeframe that the application is currently under. Ms. Moore said she would like to confere with legal who is available by phone. Chairman Dempster called a recess so Ms. Moore could contact the Town Attorney. Chairman Dempster called the meeting to order and MOVED to forward a recommendation to the Town Council to maintain C-1 zoning and the applicant to apply for a Special Use Permit for operation of commercial or professional activities between 11 p.m. and 7 a.m. according to the Zoning Ordinance Chapter 12.04.B. Commissioner Jones SECONDED and the motion CARRIED by majority vote(4-2)with Vice-Chairman Hansen and Commissioner Boik voting nay. A roll call vote was taken with the following results: Commissioner Boik Nay Commissioner Gray Aye Commissioner Jones Aye Commissioner Schlossberg Aye Vice-Chairman Hansen Nay Chairman Dempster Aye AGENDA ITEM#6-ADJOURNMENT. Chairman Dempster adjourned the meeting at 8:15 p.m. • FOUNTAIN HILLS PLANNING&ZONING COMMISSION BY: / Ch irman Susan Dempster ATTEST: Patithi Paula Woodward,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 9thday of May 2019 in the Town Council Chambers, 16705 E.Avenue of the Fountains,Fountain Hills,AZ 85268. I further certify that the meeting was duly called and that a quorum was present. Paula Woodward,Executive Assistant Page 8 of 8 POST ACTION MEETING AGENDA O AI- TA11V$ `¢1> 111 NOTICE OF REGULAR MEETING THE PLANNING AND ZONING COMMISSION ce that is As'‘ti Chairman Susan Dempster Vice Chairman Erik Hansen Commissioner Peter Gray Commissioner Mathew Boik Commissioner Christopher Jones Commissioner N'Marie Crumbie Commissioner Scott Schlossberg TIME: 6:00 P.M. — REGULAR SESSION WHEN: THURSDAY, MAY 9, 2019 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Commissioners 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 Planning and Zoning Commission meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Planning and Zoning Commission are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town 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 Planning and Zoning Commission meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Recorder 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 Commission. Verbal comments should be directed through the Presiding Officer and not to individual commissioners. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST an agenda item, and hand it to the Recorder prior to discussion, if possible. REGULAR MEETING C 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Chairman Susan Dempster 6:00 PM 2. ROLL CALL — Chairman Susan Dempster 3. CALL to the PUBLIC — Chairman Susan Dempster Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda.Any such comment(i)must be within the jurisdiction of the Commission and(ii)is subject to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Commissioner may(i)respond to criticism,(ii)ask staff to review a matter or(iii)ask that the matter be placed on a future Commission agenda. 4. CONSIDERATION OF Approving the Meeting Minutes from the April 25, 2019. APPROVED 5. PUBLIC HEARING and CONSIDERATION OF ORD #19-08, amending the official Zoning District Maps of the Town of Fountain Hills, Arizona, by changing the zoning designation of approximately 5.74 acres generally located at the northwest corner of N Saguaro Boulevard and E Trevino Drive (APN#176-10-811) from C-1 — Neighborhood Commercial and Professional zoning district to C-2 — Intermediate Commercial zoning district. APPROVED 4/2 (Case Z2019-03) 6. ADJOURMENT.8:15 pm AGENDA POSTED: at-8 j Date e /� (� -'�Ci lu L.c- n-�C0 Paula Woodward, Executive Assistant The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100(voice)or 1-800-367-8939(TDD) 48 hours prior to the meeting to request a reasonable accommodation to 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. ,,,, .,. ..„, 1.-___ .....:, .,. . . . : 1 . . 1041:...,,,,,,„ ., if FX 1 m' ` 'r4 } ' • • ,,,,, ,,,,i,..i. „ it .,,,,* 4.,,,,poedl, i 1 . 0 .: iir. t ',I..-- : .----- . t r..y' { { s ? 3 • f ,ke( .' I . : ' ' ' ' ' — ."/ ' ''''' ' : ' i ••';''''..;.-:• '-N.,. .4413 t''I'jillnil.'41111111111111' .441. lif-'-- ..: 4: . ' ' ' - , : . :',,,•,, 1 .. , - ,.......„ ,iiir . it ,, 401111 . ,,) , ,I . ,.. •• - -,: 0- ' . . 1)i • c.4-A*47 p T m-13 m p a a T m • . . ,. e f 4 k CHAIRMAN'S AGENDA P & Z Commission 5/9/2019 1. CALL THE MEETING TO ORDER & PLEDGE OF ALLEGIANCE Chairman 2. ROLL CALL Call on Paula No Iv` ( ` o `� 1'K 3. CALL to the Public Request Speaker Cards from Paula 4. APPROVAL OF MINUTES - Call for a Motion to Approve - Call for a Second - Call for a Vote 5. OPEN the PUBLIC HEARING &read item #5 ,D'5 - Call on Marissa for a presentation - Ask if the applicant would like to speak (if they haven't yet) - Ask the Commissioners if they have any questions - Ask Paula if anyone from the public wishes to speak - Ask commissioners if there are any additional questions or comments - When all done, Close the Public Hearing'1, - OPEN THE CONSIDERATION Call for a Motion (10 Call for a Second - Ask if there is any further discussion. 4 ()o - When discussion is done, Call for a Vote 6. ADJOURNMENT (Chairman may adjourn without a vote.) 1 crom: Roger Paw ry.,.,ent: Wednesday, May 8, 2019 9:16 PM To: PZC (Commission) Subject: Proposed zoning change May 8, 2019 Roger W. Paus Fountain Hills, AZ 85268 To whom it may concern: I am concerned about the proposed rezoning of the 5.74 acre parcel at the corner of Saguaro Boulevard and Trevino Drive. I own the home nearby at Fountain Hills, AZ. Last year this parcel was considered for rezoning to accommodate an assisted living facility and,thankfully, the request was denied. Now, I understand that you will be considering a zoning change that would allow the building and operation of a medical facility. I am not against having such a facility in Fountain Hills, but I do believe that using the proposed site would be a ig mistake. A medical center on this site would create a lot more traffic on already heavily congested intersections. Getting on and off Trevino is very difficult because of the business located on the corner and because of the close proximity to the Shea and Saguaro intersection. Adding traffic controls to the Trevino intersection would not help and could make it worse. I served on my small town city council for many years and know that zoning should only be changed in very unique situations where there is a great need. Zoning is established to protect the already established residential and business areas. Please consider this carefully and don't allow changes that will permanently destroy our beautiful neighborhood. Thank You, Roger W. Paus Connie Paus L i To Whom It May Concern! My name is Keith Eckert from Fountain Hills, AZ. 17010 E Calle Del Flores. I moved here in 1987. I have taken many trips to the emergency room at the Scottsdale Shea Hospital due to My wife's illness and complications due to her illness! In March oh 2016 My Wife Mary, had a life threatening STREP infection . I took her to the emergency room at Scottsdale and Shea. The time to travel and the waiting time at the emergency room was critical, as she needed medical attention immediately! She was forced into an induced coma and lived 10 days before she died on March 9th! I feel that if we had an emergency facility in Fountain Hills that could have given my wife faster treatment, she may still be alive today! I really support an emergency facility in Fountain Hills! It could and will be a life saver! ‘111r Sincerely, Keith Eckert I9A , .. 3 # i. N ,N a x}s.�n. l 4ot . $ - ,: #' �-, ac 1 � ";" , 1. r i a record 72,000 deaths in --:-. + 2018. What is disturb Our viewpoint is that over half the opioid overdose deaths were from 1 fentanyl,a synthetic heroin hospital manufactured in China. n Planned Fentanyl contai ro osed hospital to be located foreign counterfeit pre It's too early to tell if the p p scriptions, sourced in Chi- at Trevino Dr. and Saguaro Blvd. is right for made.Fountain Hills, na and smuggled across but some encouraging first steps are being specialists,clin- the southwest border by Fountain Hills is home to many doctors, Mexican drug cartels,sup ics and labs, but there is definitely a blind spot in the local plies pmrescription addicted toa- offerings for more major undertakings and emergencies. prescription pain this epi- Having a 24-hour facility capable of handling those more demic;t ns. Despitery proposals eel demanding community needs would be a feather in Fountain to "legally" are reigHills' cap, allowing folks to receive care without having to prescription allow c drive an extra dozen miles down the road to Sco ttsdaale. tocompewith medicationsh But, as with all major projects, this one is going pharmaceutical take armacee with the U.S. some time.The location is likely to be the topic of von thbe te, The FDhsindustry.strict though residents might have fewer objections g The FDAhas over- g Fountaint that act • ht and controls on our that we're talking about a medical facility that could be of sight critical use to many residents Hills. pharmaceutical industry. The zoning is another issue, though the Planning and FromD ensuresr grave, the ro- FDA receive American Zoning sy can readin our 1 have A coverage,the commission ured out a decent uncontaminated ms aedpsafe, mise.As youconcern was that a -2 z a C 1,but uncontaminated pharma- last week recommended keeping the site zoned at C-1,but d ceutical medications.These with a stipulation.theesite up to all sorts of other types of FDAassurances ar e apply depotentiallylm op pharmaceutical developments,potentially less desirable for the surrounding to foreign the on. companies. Pharmaceuti- community if outside hospitalhe box the commission es opti to ng to ' cal drugs are the most So, thinking counterfeited item in the recommend that the zoning remain at C-1 with a stipulation ` world; an estimated $200 to allow for 24-hour operation of the facility. ` billion industry. Based on The town council will still need to kick this idea around 1 our counterfeit opioid drug during its meeting on J nee4,aboutso w the possible compromise'll be interested in hearin g we should think long how our local leaders and hard before consider- and the project as a whole. I ing such proposals. 1 3 police, fire, paramedics Noel Irick, this is a must r1StS and military personnel. see.Leave the kids at home 1 0 A letterph from: No words seem adequate and settle in for a hilarie I 1 = Stephen McCullough to express our admiration hours of riotous,un!The "* r Mr.Jensen, as an artist and gratitude for the brave ous,side-splitting l men and women who run singing is outstanding and ` 3 who has exhibited in the toward dangeris awesome. _ Chamber of Commerce to selflessly the dancing rin- ' events for over 20 years, save others. Our thoughts These twisted p in prayers are with you. cesses royally stick it to d I find your comment and s the May 8, 2019 issue re- A grateful thank you to Disney. "Disenchanted," a girding sales/sales tax to those that have already musical comedy e be somewhat offensive. donated to the First Re- fairytales the bird. It is g` !- Your comment, "Who sponders Christmas Tree feminism light princes e knows? These are artists," fund. We are so very close they rail against g them to des ' __ 'r is prejudicial to all art- to our goal! So,if you have who expecttdo ists who have supported not already donated,please all the housework, e .So perhaps ev- the event for many years. take the time during this crowd roars grow i All artists are required solemn week to do so. No ery little girl her doesn't grow J to obtain a Fountain Hills donation is too small. Ev- up lookingfor her Don'te city license and state of ery donation matters. Charming. Shhhh! sales tax permit. Please mail your contri tell Disney or the kids. I r ,i__4. ,,..,1 „,,mi4 all r'P- ,_--i_---- a,.. 13n Rnv 1SZ177_ TirTtPt.R Are available l opluwu would increase the %ow Hospital age booth cost by$750. p goodbye to the fairs. —� A letter from: A citizen patrol sot — Gene Slechta like a good idea I am excited about a a sitcom, but have proposal for an in-town checked the age de hospital. The location is a graphics for the town to o commercially zoned parcel ly? Say g. near the intersection of town's liability incur Shea and Saguaro. This Equating o revenue is a critical need for our mber of employ on so town.We have an in-24/7, levels it's mieration is ndbog€ wn police force operating that responds in min- utes. one We have an in-town taxes. Mostces with fire department operat- ing 24/7, that responds in higher tax rates. minutes. We have these perpetually amaz( services here because they how much gets can literally save lives. with so little, ttle, cold But when we have eda Constantlyrn to my casting need for emergency cal care,we have a hospital sions on our electe and emergency room avail- able... cials and town staff i Iaway! Our it is 1- miles than unfair, citizens and visitors de- You don't need to serve better than that.This your desire to not pa; is a quality of life issue.mod- 1 we need to slightlytoo ify zoning designations A to accomplish that, we p A letter from: cl must move forward to do Patricia Lin it.No delaying,no excuses. I am asking th vv Nam. h� Last Thursday,the Plan- Council to please ai inning and Zoning Commis- ating another har wsion had a hearing on the expensive study t w proposal. The good news is mine whether we w that it was very well attend- switch to our ow ed by residents. The better department. news is that the discussion To those of you seems to have led to a po- new to our commi tential zoning solution to have already expert the proposed hospital/emer- own form of policing gency room that seemed to ago. It didn't worn satisfy most everyone. even with our ow I urge all citizens to relent; we will still speak out in support f the Sheriff and their fE calling facility by email,by ' We should all e your council member or by Mr.Robert Gal's t attending the next hearing• suggestion of incc Town staff, I am hopeful, awell-coordinated will do their magic and group to assist. codify the zoning language that too existed tc that will allow this critical ownMarshalls20 town need to happen and that also didn for F a Lain Hill ous reasoi Safety fee ❑ A letter from: have the resouro — Brian Flanigan- a police depart. town has c r Arthurs in the-past 4 There is a deficit be- and now, more tween projected revenue wemustmainta compared to expenses.One sional policing of the biggest expenses, and that is wl and one that grew this year from the Sherif and is projected to grow