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HomeMy WebLinkAboutPZ.2019.0725.Minutes TOWN OF FOUNTAIN HILLS `�► MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION July 25, 2019 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Susan Dempster Chairman Dempster called the meeting of July 25, 2019, to order at 6:05 p.m. 2. MOMENT OF SILENCE—Chairman Susan Dempster 3. ROLL CALL — Chairman Susan Dempster COMMISSIONERS PRESENT: Chairman Susan Dempster, Vice Chairman Erik Hansen; Commissioners Mathew Boik, Peter Gray, Christopher Jones and Scott Schlossberg. STAFF PRESENT: Development Services Director John Wesley, Senior Planner Marissa Moore and Executive Assistant Paula Woodward. 4. CALL TO THE PUBLIC Pursuant to ARS. 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 Planning and Zoning Commission and (ii) is subject to reasonable time, place, and manner restrictions. The Planning Noes. Public" Zoning 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 commissioners may (i) respond to criticism, (ii) ask staff to review a matter,or(iii)ask that the matter be placed on a future Planning and Zoning Commission agenda. 5. CONSIDERATION of approving minutes of the Planning and Zoning Commission meeting minutes dated May 9, 2019. Vice Chairman Hansen MOVED to approve the minutes of the Planning and Zoning Commission dated May 9 2019; SECONDED by Commissioner Boik; passed unanimously. Chairman Dempster called on John Wesley. Mr. Wesley notified the commission and public that the applicant for Items 8.a, 8.b, 9.a, and 9.b would like to request a continuance. Paul Gilbert, applicant's attorney, asked the commission for a continuance for two reasons; meet with the residents in the area of the proposed Daybreak project and to address concerns mentioned in the staff report. He requested the continuance to the next Planning and Zoning Commission meeting date, August 8, 2019. Vice Chairman Hansen asked if the applicant planned to meet with the neighbors during that time. Mr.Gilbert expressed surprise by the number of letters received from the community and stated a meeting with the community would be beneficial to both the project and the residents. Vice Chairman Hansen made a MOTION to continue Agenda Items 8.a, 8.b, 9.a, and 9.b to the meeting on September 12, 2019; Commissioner Boik SECONDED: passed 5/1. Mr. Gilbert interrupted the vote stating that the applicant would like to formally withdraw the continuance PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JULY 25,2019 PAGE 2 and present this evening. Commissioner Jones pointed out the motion was in process. Chairman (6010, Dempster explained that once a motion was in place,the roll call must continue. A roll call vote was taken with the following results: Commissioner Boik Aye Commissioner Gray Nay Commissioner Jones Aye Commissioner Schlossberg Aye Vice-Chairman Hansen Aye Chairman Dempster Aye 6. PUBLIC HEARING and CONSIDERATION to receive comments on ORDINANCE#19-04, application by Sixth Street Enterprises Inc., DBA Nature's AZ Medicines for an amendment to Sections 24.03.E & C.4 of the Fountain Hills Zoning Ordinance. If adopted the proposal would amend the zoning ordinance by extending the permitted operating hours of a medical marijuana dispensary to allow operation between the hours of 8:00 AM — 10:00 PM, daily and allow for delivery of products. (Case#Z2019-05) Chairman Dempster opened the public hearing. John Wesley presented a PowerPoint presentation (attached here to and made a part hereof) and explained the request by Sixth Street Enterprises INC DBA Nature's AZ Medicines for an amendment to the Fountain Hills Zoning Ordinance. The request is to extend the permitted operating hours of the medical marijuana dispensary and to allow for deliveries. The current operating hours are 9 a.m.to 7 p.m.everyday. C Staff reviewed operating hours of other cities and found a large range with some open until 9 p.m. Most pharmacies such as CVS and Walgreens operate from 8 a.m. to 10 p.m., which is the same hours the ADHS(Arizona Department of Health Services) allow medical marijuana dispensaries to operate. Mr. Wesley said that staff and the Maricopa County Sheriff's Office reported that there have been no complaints or incidents at the property while the dispensary has been in operation. Staff does not see an issue with the request to increase the hours of operation and to allow deliveries. Deliveries are allowed under State Rules.The proposed changes to the ordinance are minor. In conclusion, staff recommends approval of the requested text amendments. Mark Steinmetz, owner and licensee of Sixth Street Enterprises Inc. DBA Natures Medicines replied to the Commissioners questions regarding deliveries. The delivery drivers carry a medical marijuana card. The delivery vehicles are unmarked and a route is created and documented. Documentation of the routes are required by the Department Of Health Services. Often routes to the same location will vary so they do not become routine. The delivery drivers are regular employees who go through a rigorous background check. The employees are agents of the Department of Health Services. Delivery hours are only during operating hours 8 a.m. — 10 a.m. The delivery drivers are not armed however; the dispensary has an armed guard. The ordinance requires the driver to have a form of communication such as a cell phone.The volume of deliveries is about 5%to 10%of the total business. If deliveries are not available in Fountain Hills, the other alternatives would be for businesses outside Fountain Hills to deliver and the use of black market product bought via the internet. The unregulated product is not safe and could bring an unwanted element to town. Natures Medicine has been operating in Fountain Hills since 2013. Mr. Steinmetz stated they have demonstrated over the last six years to be a responsible and safe business. They are asking for the extended hours and delivery to remain competitive and to accommodate customer demand. C PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JULY 25,2019 PAGE 3 Two speaker cards were submitted in favor of extending the dispensary hours and delivery option. Chairman Dempster closed the public hearing. Vice Chairman Hansen MOVED to forward a recommendation to the Town Council to approve the proposed zoning ordinance text amendment to Section 24.03.E to extend the permitted hours of operation of the medical marijuana dispensary to 8:00 AM — 10:00 PM, Monday — Sunday and Section 24.03 C 4 to allow for deliveries during normal dispensary hours; SECONDED by Commissioner Boik; passed unanimously. 7. PUBLIC HEARING and CONSIDERATION to receive comments on ORDINANCE 19-09, a proposed amendment to the Town of Fountain Hills Zoning Map. If adopted,the amendment would rezone approximately 16.08 acres generally located on the south side of Palisades Boulevard,the east side of Westby Drive,the north side of Avenue of the Fountains,and the west side of La Montana Drive (AKA 16575 E Palisades Boulevard; APN#176-07-853)from C-2—Intermediate Commercial Zoning District and C-2-EO — Intermediate Commercial Zoning District with the Entertainment Overlay District to "Keystone PAD" for construction of approximately 147 apartment units.(Case #Z2019- 01) Chairman Dempster opened the public hearing. Marissa Moore presented a PowerPoint presentation (attached here to and made a part hereof) regarding the Property rezone from C-2, intermediate commercial and C-2, intermediate commercial with the entertainment overlay to Keystone Planned Area Development (PAD). This is primarily a detached apartment community with 147 single family units, 20 of the units are duplexes, along with a clubhouse and pool area. Ms. Moore explained the site plan including the public art component, 36 parking spaces which includes the parking spaces on Westby, widening Westby Drive, entrances with gates and emergency access. The applicant is asking to remove the entertainment overlay to allow for twelve units per acre instead of the eight units per acre under the entertainment overlay. There are several deviations from the code and that is why the applicant is requesting a PAD. The main drive aisle request is for 27' drive aisle with a 2' back up. The code maximum is a 24' drive aisle with a 6' back up. The retaining wall request is for 14' behind Bashas shopping complex while code allows a maximum height of 6'. A parking table was referenced showing 36 spaces on the public right of way included in the total count of 302 parking spaces. The zoning ordinance requires 308 parking spaces. The parking deviations also include the reduction of the parking space size from 19'x 9'to 18'x 9'. The Keystone would provide 48 cubic yard trash capacity while the town requires 49 cubic yard trash capacity.Town code requires the cut/fill maximum at 10'. The applicant is requesting 20' maximum cut and 13' maximum fill. The proposed landscape plan will meet the Town ordinance. There are 16 different floor plans, 3 different exteriors with 3 different color schemes. No two same exteriors will be next to each other. The public art piece would be incorporated as an extension of the plaza and the new round about at La Montana and Avenue of the Fountains. The units sit closer to the street to create personal interface.There are three sidewalks leading to the development encouraging pedestrian activity. At the center of the property is the"grand paseo". The parking is on the outskirts of the property and residents would walk in and throughout the grand paseo. There are porches and shared gated rear yards. Some traffic improvements would take place on Palisades to widen the median cut with soft stripping to allow right and left turns. The trip generation showed 1,070 trips per day, which are spaced PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JULY 25,2019 PAGE 4 throughout the day. The town engineer is here to answer any traffic or drainage questions. Staff likar is recommending approval of this request. In response to Commissioner Jones, Mrs. Moore replied that the fire marshal has reviewed the proposed project. Brennen Ray representing Keystone homes, presented a PowerPoint presentation (attached here to and made a part hereof). Also in attendance from the Keystone Homes was Jeff King,Jeff King Jr. and Nathan Larson. Mr. Ray said that this project is new to Fountain Hills but not new to Maricopa County. It is unique and innovative housing with an attractive presence. This type of rental community is a lifestyle choice. People choose to live in this type of community. Keystone has worked "hand in glove" with staff to ensure the layout and quality are the best for Fountain Hills. He said Keystone is requesting a rezoning of the site from C-2 to a Planned Area Development (PAD) Residential. Although it was not required by the Town's ordinance, an informational neighborhood meeting was held. Five hundred invitations were sent out resulting in nine people attending. The attendees asked a few questions and were in general favor of the project. Mr. Ray said he would like to highlight a few points regarding the history of the site. Eddie Basha purchased the entire site but the original Bashas was built across the street in the 1970's. In the early 1980's a group of Fountain Hills resident was formed called"Housewives for a Bigger Bashas." As a result, the current Bashas location was built in the mid 1980's. In the 2000's, The Peterson Group purchased and revamped the entire site. For the past 20 years, Bashas family marketed these 16 acres as commercial without too much success. With that said this is where we are at today. Mr. Ray said that they appreciate the Towns support and reviewed the landscaping and site plan. There are 147 single family style rental homes. He said these are not a traditional apartment complex with massive buildings. They are predominantly one story detached community. Thirty percent of the site is landscaped open space area. It is a gated community with access over Avenue of the Fountains and Palisades. There are community-gathering areas throughout. The homes are grouped together in pods of six,five or four homes. Each residence has a private yard. There is one property management company responsible for overseeing the site including the private yards. Eighty-five percent are stand along except for the duplexes that are one bedroom. The type of renters are baby boomers and seniors, as well as millennials. Mr. Ray showed slides depicting landscaping layout, clubhouse, a grand paseo, and entrance gates. There are three pedestrian access points off Westby Drive. The widening of Westby would provide thirty-six parallel parking spaces for residents and visitors. Mr. Ray said the Keystone staff worked closely with Town staff on the feature at the northwest corner of La Montana and Avenue of the Fountains.They wanted to ensure it satisfied the Avenue District Town Center Plan and tie in with the proposed round about. The public plaza at this corner contain seating areas,fountains and landscaping to be enjoyed by all. Mr. Ray explained that there are six plans that are a mix of on, two and three bedrooms. There are ten two-story homes but the majority are single story. The two-story homes are a maximum height of twenty-six feet. Mr. Brennen talked about the leasing amenity building and displayed photos of buildings to inspire what the leasing office could look like. In conclusion, Mr. Ray recapped that this is a high quality, innovative unique development on a challenging site. He requested the commission recommend approval to the town council and was available to answer any questions. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JULY 25,2019 PAGE 5 In response to Vice Chairman Hansen, Mr. Ray said that there are similar communities similar in Queen Creek,Mesa,and the west valley.This is a new concept that started in Tucson in the 1990's. In response to the Commissioners questions, Mr. Ray said parking on a site like this is challenging. There is one covered parking spot per residence.There are ten garages available for an additional cost.Thirty-six street parking spaces are available on Westby.These are public parking spaces. Mr. Ray explained the town is financially responsible for the roundabout and Keystone would be responsible for the public park piece adjacent to the corner. Mr. Ray reviewed some finishes of the homes at the request of Chairman Dempster. Commissioner Jones commented he appreciates the architecture. Having worked on similar projects there usually is only one elevation style for every single unit. The new ranch elevation and introducing the second story loft is going to give it a nice village feel. Thank you for this project. Commissioner Gray asked about the ADA access on the three Westby side entrances. Nathan Larson, Bowman Consultants, said the furthest south entrance will not be ADA compliant but the other two will be ADA compliant. In response to Commissioner Gary, Mr. Ray said Keystone homes is an Arizona based business that only does residential.Their acquisitions is to take down the entire site and develop residential homes. Ms. Moore pointed out the need to remove the entertainment overly was to deal with i` the density cap. There are no parking restrictions other than the one space assigned per vehicle. There are two parking spaces per unit. Commissioner Gray requested more information on the topography. Ms. Moore gave a history of the topography change through a slide presentation. In 1976 the site was majorly impacted. The entire downtown area was mass graded to create building pads. Daniel P. Kovacevic, a Fountain Hills resident, commented in writing he was for the project. He wrote, "This is a great location for density of housing to support the businesses in Town,walk to all services and goods." Chairman Dempster closed the public hearing. Vice Chairman Hansen MOVED to forward a recommendation to Town Council to approve the request to rezone the property to Keystone P.A.D. subject to the following conditions: Ensure compliance with the Keystone Development Plan approved with this P.A.D., except as modified below. Ensure compliance with all of the Town's adopted codes, requirements, standards and regulations, except as specifically stated and approved in the Keystone PAD Development Plan. Review and acceptance of the detail design of the clubhouse and associated amenities by the Development Services Director prior to or with submission of the construction documents; SECONDED by Commissioner Jones; passed unanimously. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JULY 25,2019 PAGE 6 8. PUBLIC HEARING and CONSIDERATION of RESOLUTION 2019-39, a proposed Minor Amendment to the Town of Fountain Hills General Plan 2010 to change the land use designation on approximately 23 acres of land located on the east side of Palisades Boulevard north of Shea Boulevard from Lodging to Multi-Family/Medium. If adopted, the amendment will allow for multi-residential development. (Case#GPA2019 -01) This item is continued to the Planning and Zoning Commission meeting scheduled on September 12, 2019. 9. PUBLIC HEARING and CONSIDERATION of ORDINANCE 19-03, a proposed amendment to the Town of Fountain Hills Zoning Map. If adopted, the amendment would rezone approximately 59.79 acres at 10825 N Palisades, from the "L-3 P.U.D" and "OSR" zoning districts to the "Daybreak PAD" zoning district. If approved, the rezoning will allow the construction of an apartment complex with up to 400 dwelling units. (Case #Z2018-10) This item is continued to the Planning and Zoning Commission meeting scheduled on September 12, 2019. 10. COMMISSION DISCUSSION/ REQUESTS FOR RESEARCH to staff. None. 11. SUMMARY OF COMMISSION REQUESTS form Development Services Director. None. 12. REPORT from Development Services Director. Mr. Wesley reminded the commission that the General Plan update presentation will be at the September 26, 2019, Planning and Zoning Commission meeting. 13. ADJOURNMENT. The Regular Meeting of the Fountain Hills Planning and Zoning Commission held July 25, 2019, adjourned at 7:36 p.m. Town of Fo nt 'n Hills Alf ✓ Susan Dempster, Chairma ATTEST AND PREPARED BY: Pere, vJackiioa,4 Paula Woodward, Executive Assistant PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JULY25,2019 PAGE7 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Planning and Zoning Commission of Fountain Hills in the Fountain Hills Community Center on the 25th day of July 2019. I further certify that the meeting was duly called and that a quorum was present. (1a A--(1( DATED this 1st day of August 2019. Paula Woodward, Executive Assistant