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HomeMy WebLinkAboutPZ.2019.1010.Minutes PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES October 10,2019 PAGE 1 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION October 10, 2019 CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Erik Hansen Chairman Hansen called the meeting of October 10, 2019, to order at 600 p.m. 1. MOMENT OF SILENCE—Chairman Erik Hansen 2. ROLL CALL — Chairman Erik Hansen COMMISSIONERS PRESENT: Chairman Erik Hansen, Vice Chairman Peter Gray; Commissioners Clayton Corey, Susan Dempster, and Dan Kovacevic. Commissioners Mathew Boik and Scott Schlossberg were absent. STAFF PRESENT: Development Services Director John Wesley, Senior Planner Marissa Moore and Executive Assistant Paula Woodward. 3. CALL TO THE PUBLIC None. 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 and 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. 4. CONSIDERATION of approving the minutes of the Planning and Zoning Commission meeting minutes dated September 26, 2019. Vice Chairman Gray MOVED to approve the minutes of the Planning and Zoning Commission dated September 26, 2019; Commissioner Dempster SECONDED: passed unanimously. 5. CONSIDERATION of Selection and Approval of Commissioner Terms. Mr. Wesley explained that the Town Council recently approved some reorganization changes to the Town Code regarding the Boards and Commissions. Some appointments would occur in September and some in April.The terms would be staggered two year and three year.The changes were made to be operationally consistent. Based on the new commissioner appointments, terms for Dan Kovacevic, Susan Dempster and Clayton Corey will end on April 30, 2022. Terms for Erik Hansen and Peter Gray will end on April 30, 2021. The remaining terms for Scott Schlossberg and Mathew Boik end on April 30, 2020. 6. PUBLIC HEARING and CONSIDERATION of ORDINANCE #19-16, a text amendment to the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08. M and 6.08. Q.The amendments replace the existing language in Section 6.08 M regarding Garage Sale Signs PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES October 10,2019 PAGE 2 with new provisions for Residential Directory Signs and eliminate Section 6.08.Q. regarding Open cor House Signs. (Case#Z2019-06) Chairman Hansen opened the public hearing. Mr.Wesley said the town sign code has been in place for a number of years.There was a Supreme Court ruling in 2015 that affects all sign codes across the country. It states that sign regulations cannot be based on the content on the sign. Although staff is updating the entire Fountain Hills sign code; it was decided to handle temporary signs ahead of the full sign code update. Garage sale signs and open house signs are similar in the current regulations but there are also differences. The updated ordinance applies to both types of signs. By changing the ordinance, the sign rules will be consistent.At the last commission meeting, some questions were asked that required further review from staff. Staff's proposal is to delete the two current sign designations in the ordinance and replace them with one new sign type called "Residential Directional Signs." The new regulations are a combination of the requirements in the code today for the two types of signs. One of the questions was whether the median next to a frontage road was considered and regulated the same as a median in the middle of a road. While both types are medians,there is a distinction between the two.The concern is obstructing view of traffic.At this time,no changes have been made to the draft ordinance to reflect a change in the provision. The other question the Commission had was how many signs were allowed total per the provision. The current practice has been to allow the one sign on the property plus five additional signs. The ordinance language has been amended to reflect this practice. This allows for one directional sign anywhere on the property. Further, a property may place one additional sign at each turning movement beginning at the property leading out to a major street with a maximum of five additional signs. The proposed regulations combine the requirements for the current two types of sign regulations and standardize them so all of these signs are treated alike. The changes will help reduce code compliance issues about this type of temporary sign and be in greater conformance with the recent Supreme Court ruling. Staff recommend approval of the proposed text amendment. Commissioner Dempster said she was very happy to hear that it is five signs plus one sign. She said that she is concerned regarding the ordinance referring to a "center" median and the staff report referring to "any" median. Mr. Wesley replied that the terms of the language could be changed for clarification. If the commission were comfortable, the staff report for the council would reflect the changes requested this evening. Commissioner Dempster MOVED to forward a recommendation to the Town Council to approve the proposed Zoning Ordinance text amendment to the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08. M and 6.08. Q. The amendments replace the existing language in Section 6.08 M regarding Garage Sale Signs with new provisions for Residential Directory Signs and eliminate Section 6.08. Q. regarding Open House Signs, with the addition of staff changing the verbiage to include additional turns for the side medians as discussed and the existing red lines. Commissioner Corey SECONDED: passed unanimously. 7. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020. Mr. Wesley pointed out a few posters created recently in-house highlighting the General Plan update. The posters will be used around town to bring interest and awareness to the General Plan update and the public meeting on November 20, 2019. Mr. Wesley asked if the commission had any comments regarding the General Plan draft the commission reviewed a few weeks ago. He said he would take comments but changes would not PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES October 10,2019 PAGE 3 be made to the draft immediately. Modifications would be made later down the road. The draft Lir copy is already available to the public. Chairman Hansen gave direction that each section would be reviewed and commissioners were welcome to interject their comments. Section I: Planning for our future Commissioner Corey said that the photo images are outdated. This document is for the next 10 years and should reflect fresh, current photography. One photo in particular shows the old playground equipment in the background. Vice Chairman Gray asked if there are brand guidelines that the document should follow. About a year ago, the wayfinding sign program created modern up to date images for the town. This is the kind of modernism that would be great to implement with the general plan update 2020. Mr. Wesley replied that staff or the consultant created the logo and that the cover photos have changed a few times. Marissa Moore said that when the General Plan Update 2020 contract was negotiated, funds were not set aside for marketing. With that said, staff was left to come up quickly with some graphics. The wayfinding sign project is not moving forward right now. The Tourism and Economic Development Department will be able to provide updated photography for the cover and other photos. Branding has come up in other conversations. Photos are not the problem; it is really the branding.This branding is just for the General Plan and not the town. It would be nice if there were cohesiveness. Commissioner Dempster suggested running a contest regarding the branding and logo. It would be fiscally responsible and not cost anything.Commissioner Dempster also said that Fountain Hills is pet friendly and that would be worth mentioning. She referenced page 6, that the population projections may need to be revisited. In response to Commissioner Kovacevic, Mr. Wesley said that there are more than three sections to the General Plan. Pages 14-16 show the remaining sections. The Overarching Principle, Economic Development would cover technology and innovation. Vice-Chairman Gray stated he had some "language comments" on page 11, "Our Commitment" and "Our Vision"on page 12 are in need of a major overhaul. In particular,the bullet points under our commitment; "Support existing businesses and continue to attract businesses that stimulate the Town's economy and provide recreational and resort opportunities to strengthen the Town's reputation as a premier desert destination" do not resonate at this point. It may have applied at the time of this was written but does not now. On page 12, "Our Vision", bullet point, "Innovation and creativity deliver meaningful employment options to a well-educated, diverse population." There is some debate there. A vision is not a vision at all if there is no ability to achieve it. Section II: Thriving Neighborhoods Mr. Wesley said that staff has not edited this section yet. The neighborhood piece is the first fundamental piece of the Overarching Principles: Neighborhoods, Environment and Economy. Chairman Hansen asked in regards to"Goal 2:Support a housing strategy that encourages a broad range of quality housing types to address current and future housing needs and to support long- term vitality?" Does it include housing types such as work force housing verses assisted living? PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES October 10,2019 PAGE 4 Maria Masque, consultant with The Planning Center replied that the General Plan is very general and broad. A definition would likely be provided from the Economic Development Element. Specific actions that are needed like a study can be added. The Economic Development Element is based on the strategic plan. Chairman Hansen said that he wants there to be vision and not that every two years the vision changes, especially for housing. This is a very important element since there is no property tax in Fountain Hills. Ms. Masque said that one of the reasons housing needs are not known is because the town is land locked and residential availability is set in stone because of location or approved plats. The new housing is tied to the state land. There needs to be a study in conjunction with the State Land Department. Chairman Dempster stated that the mention of affordable housing is misleading because there is no affordable housing in Fountain Hills. This is just a goal that is not obtainable. She also pointed out on page 18; Access to jobs with livable wages seems unclear. Ms. Masque suggested rewording affordable housing by adding "for families and working professionals." Livable wages is a way of saying that wages have to be comparable to the cost of living in Fountain Hills.There may be a better term to replace that. Vice Chairman Gray said that affordable housing is built for livable wages. In most cases it is rare for someone to live this far out from a livable wage. An anchor industry has to come before the livable wage housing. L Chairman Hansen pointed out that policy 1 on page 22; "walkable streets with shade-providing trees" seems inconsistent with reality,with the present. Ms. Masque said this would be applicable to character areas such as the Town Center area and new development in the state land. This is standard in a general plan to prevent heat island effect and create more walkable spaces. In response to Chairman Hansen, Ms.Masque said the words"infill areas"could be eliminated and replaced with "the existing character in conformance with criteria provided in Table One." In response to Commissioner Dempster, Mr. Wesley said that it is all the things that are in the public realm. Providing shade, benches,wide well maintained sidewalk and safe community. Section III: Thriving Environments Vice Chairman Gray said the gateway locations are clear but does not provide what we are, as Fountain Hills is contributing to the gateways. Ms. Masque said that the wayfinding sign program would tie in with the gateways. Mr. Wesley said that the wayfinding sign program was approved but not implemented due to a lack of funding. Ms. Masque said there is a goal in the policy that deals with working with the school district to develop the undeveloped school sites. Vice Chairman Grey suggested breaking down the Shea corridors into sections since the goals of each area are specific. Saguaro Blvd has opportunity for businesses and existing structures. Mr. Wesley said these are good ideas.The borders of the map can be changed and expanded. There are infill and redevelopment areas with great potential. There are other areas to consider PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES October 10,2019 PAGE 5 like the Fry's area, the commerce area to the west of the Town Center including the residential area and any unique characteristics not already called out. Commissioner Corey commented that on page 36, "the community gathering space" is important and should be noted where those areas are located. In response to Commissioner Corey, Ms. Masque said that the utilities portion mentioned in the general plan pertains to future development. Mr. Wesley added that when there is a drastic change for utilities regarding a redevelopment or new development, the information needs to be known up front. The information upfront will help provide for planning, capacity and cost. Commissioner Gray requested that the Saguaro Blvd Corridor expand to the south side of Saguaro Blvd. Commissioner Corey said that the addition of walkways in this area would be important to the residential and commercial areas. There are not many walkable areas near that connect to downtown. Mr.Wesley replied that planning the west and the south side together would make sense because they need to work together. 8. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Discussion took place amongst the commission about changing the Planning and Zoning Commission meeting time and day. Vice Chairman Gray asked about creating a template for a Chairman's report. The report would be provided to the council. 9. SUMMARY OF COMMISSION REQUESTS from Development Services Director. Mr. Wesley said that staff will provide a form asking for the Commissioner's preference for meeting time and day. 10. REPORT from Development Services Director. None 11. ADJOURNMENT. The Regular Meeting of the Fountain Hills Planning and Zoning Commission held October 10, 2019, adjourned at 7:37 p.m. Town of Fountain Hills V(/-- // Erik Hansen, Chairman ATTEST AND PREPARED yBY: ?601Aliki Paula Woodward, Executive Assistant PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES October 10,2019 PAGE 6 CERTIFICATE OF POSTING OF NOTICE 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 Council Chambers on the 10th day of October 2019. I further certify that the meeting was duly called and that a quorum was present. DATED this 31st day of October 2019. sk2ajtj-AJ 00-40A—(2_ Paula Woodward, Executive Assistant L L POST ACTION AGENDA ��tiAIN�� [ NOTICE OF MEETING ` z 3 -- `' REGULAR MEETING . vow 111/ 1,0 - -- PLANNING AND ZONING COMMISSION foot is fro."' Chairman Erik Hansen Vice Chairman Peter Gray Commissioner Susan Dempster Commissioner Mathew Boik Commissioner Dan Kovacevic Commissioner Clayton Corey Commissioner Scott Schlossberg TIME: 6:00 P.M. — REGULAR SESSION WHEN: THURSDAY, OCTOBER 10, 2019 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's Council, various Commission, Committee or Board members may attend at the 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 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 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 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 Executive Assistant 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 Executive Assistant prior to discussion, if possible. REGULAR MEETING 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE and Moment of Silence — Chairman Erik Hanser6.00 PM 2. ROLL CALL — Chairman Erik Hansen 3. 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 Commission and (ii) is subject to reasonable time, place, and manner restrictions. The Commission I 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 Commission agenda. 4. CONSIDERATION OF approving the Planning and Zoning Commission meeting minutes dated September 26, 2019. APPROVED 5/0 5. CONSIDERATION of Selection and Approval of Commissioner Terms. 6. PUBLIC HEARING and CONSIDERATION of ORDINANCE #19-16, a text amendment to the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08. M and 6.08. Q. The amendments replace the existing language in Section 6.08 M regarding Garage Sale Signs with new provisions for Residential Directory Signs and eliminate Section 6.08. Q. regarding Open House Signs. (Case #Z2019-06) APPROVED 5/0 7. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020. 8. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. 9. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 10. REPORT from Development Services Director. 11. ADJOURNMENT. 7:37 PM CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted at •toott-1 a.m. m • accordance with the statement filed by the Town Council w'' ��with theTown Clerk. Dated this 3 day of V ' (, ,2019. 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. `yTAINa. k° NOTICE OF MEETING " REGULAR MEETING ors �9•, -�--- 01' PLANNING AND ZONING COMMISSION that is isrv. Chairman Erik Hansen Vice Chairman Peter Gray Commissioner Susan Dempster Commissioner Mathew Boik Commissioner Dan Kovacevic Commissioner Clayton Corey IF, Commissioner Scott Schlossberg TIME: 6:00 P.M. — REGULAR SESSION WHEN: THURSDAY, OCTOBER 10, 2019 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's Council, various Commission, Committee or Board members may attend at the 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 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 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 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 Executive Assistant 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 Executive Assistant prior to discussion, if possible. REGULAR MEETING 62:,2I ,341 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE and Moment of Silence— Chairman Erik Hansen 2. ROLL CALL — Chairman Erik Hansen 3. 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 Commission and (ii) is subject to reasonable time, place, and manner restrictions. The Commission I 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 Commission agenda. 4. CONSIDERATION OF approving he Planning and Zoning Commission meeting minutes dated September 26, 2019. -Ppayt- 5. CONSIDERATION of Selection and Approval of Commissioner Terms. :49ree t, 4pf iv 4 6. PUBLIC HEARINGand�IDERATION of ORDINANCE #19-16, a text amendment to the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08. M and 6.08. Q. The amendments replace the existing language in Section 6.08 M regarding Garage Sale Signs with new provisions for Residential Directory Signs and eliminate Section 6.08. Q. regarding Open House Signs. (Case #Z2019-06) 7. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020. ° COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. 9. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 10. REPORT from Development Services Director. 11. ADJOURNMENT. CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted at I; 00 a.m D accordance with the statement filed by the Town Council with the Town Clerk. Dated this day of VC�"�' eL , 2019. 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. TOWN OF FOUNTAIN HILLS X Planning and Zoning .w . Board of Adjustment tbarism, AGENDA ACTION FORM Meeting Date: October 10, 2019 Meeting Type: Regular Agenda Type: Regular Submitting Division: Development Services Staff Contact Information: John D. Wesley, Development Services Director, iweslev(a�fh.az.gov, 480-816-5138 REQUEST TO PLANNING &ZONING COMMISSION: CONSIDERATION OF APPROVING THE PLANNING &ZONING COMMISSION MEETING MINUTES DATED SEPTEMBER 26, 2019. Applicant: N/A Applicant Contact Information: N/A 'roperty Location: N/A Related Ordinance, Policy or Guiding Principle: Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary(background): The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Recommendation(s): Approval Staff Recommendation(s): Approval SUGGESTED MOTION: Move to Approve the Planning &Zoning Commission Meeting Minutes dated September 26, 2019. Attachment(s): N/A Submitted by:e��/ Approved by: '�aU/dik 1�V NVV. \_ 10/3/2019 „ \_) 10/3/2019 Paula Woodward, Executive Assistant Date / ohn D.Wesley, Development S rvices Director Date Page 1 of 1 � �A,"'iii,�j TOWN OF FOUNTAIN HILLS A°6. x >< Planning and Zoning a ° Board of Adjustment Q 9�,t��t.,,,,�,,1tioo Is AGENDA ACTION FORM Meeting Date: 10/10/2019 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: John D. Wesley, AICP, Development Services Director, 480-816-5138, jwesley@fh.az.gov REQUEST TO PLANNING AND ZONING COMMISSION: PUBLIC HEARING and CONSIDERATION of ORDINANCE #19-16, a text amendment to the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08. M and 6.08. Q. The amendments replace the existing language in Section 6.08 M regarding Garage Sale Signs with new provisions for Residential Directory Signs and eliminate Section 6.08. Q. regarding Open House -igns. Case #Z2019-06 Applicant: Town of Fountain Hills Applicant Contact Information: 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 480-816-5138 Property Owner: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: Zoning Ordinance Sections 6.08 M and Q Staff Summary (background): In 2015 the U. S. Supreme Court, in a case known as Reed v. Town of Gilbert, ruled that local sign regulations could not be based on the content or the message presented on the sign. Signs can only be regulated based on physical characteristics such as size, location, material, etc. There are several examples in the Town's sign ordinance where the regulations are based on the -ntent of the sign. Therefore, the Town has started a process to review and update the entire sign mierdinance to be compliant with the Supreme Court ruling. Page 1 of 4 Text Amendment,Zoning Ordinance Sec.6.08 Planning and Zoning-October 10,2019 The most challenging area we have to address as part of this sign code update will be temporary signs. Examples include garage sale signs, for sale signs, and open house signs. Political signs would also ,II in this category, but the State has pre-empted most local regulation of political signs. Alry Because of the regular issues staff has with the enforcement of the current code as it relates to temporary signs, particularly open house and garage sale signs, staff has decided to handle this specific issue ahead of the full sign code update. In the current ordinance, Section 6.08 M provides regulations for garage sale signs and Section 6.08 Q provides regulations for open house signs (see attached copies of these sections of the current ordinance). The regulations are similar but not exactly the same. To know which sign it is to be able to apply the regulations, you have to read the sign. Therefore these sign types are not in compliance with the Court ruling in Reed v. Town of Gilbert which threatens our ability to enforce these ordinance provisions. The Commission first reviewed this application at their meeting on September 26, 2019. At that meeting Commission members had a couple of questions and requested further review from staff. Staff's proposal is to delete the two current sign designations in the ordinance and replace them with one new sign type — Residential Directional Signs. The new regulations are a combination of the requirements in the code today for the two types of signs. One question was whether or not the "median" next to a frontage road was considered and regulated the same as median in the middle of a road. Center Median Y ., �, dit,. Frontage Road Median t. ,, , ,,f: 4N, ..'' ',1:\'''''' illtbi,/ R,, g E d � r de P{ Y a n �a 1, ' \ la1/4.P 1\ to- '. yk lair Page 2 of 4 Text Amendment,Zoning Ordinance Sec.6.08 Planning and Zoning—October 10,2019 Historically, staff has determined that the current ordinance wording includes any median that divides roadways and considered all of these types of medians to be the same. One of the main staff concerns as been with creating sight distance obstructions at what can already be challenging intersections. ere has also-been a-concern in the past with opening the door to signs in the frontage medians that would result in clutter along these frontage roads. While both types of areas are technically medians, the Town Engineer believes it is possible to make a distinction, but shared the concern that the signs could become obstructions to sight distance. Because we could limit the allowance to just the Residential Directional Signs which can only be placed at the corners, the issue of them spreading along the median can be addressed, but it may take staff time to educate people about what signs are allowed where and when. Given that we are just starting a more comprehensive review of our sign ordinance that will further impact temporary signs that may result in allowance for such signs beyond what the Town is used to, staff would prefer to keep this provision as it has been and not allow signs in any medians at this time. We could further consider the issue with the comprehensive sign code update. No changes have been made to the draft ordinance to reflect a change in this provision. The other question the Commission had was how many signs were allowed total by the provisions of 6.08 M 1. The current practice for applying this standard was reviewed with the Code Compliance Officer. The current practice has been to allow the one sign on the property plus five additional signs. The ordinance language has been amended to reflect this practice. The modified language is provided below. The proposed regulations are: �, Sec. 6.08 M. Residential Directional Signs. Residential directional signs are portable, temporary signs that are placed on the ground or may be implanted into the ground without the use of any tools or equipment and can easily be picked up and carried by one person. Residential directional signs are used to direct traffic to a home. Residential directional signs must conform to the following requirements: 1. Each single-family lot, condominium unit, or model home may place one (1) sign anywhere on the property. Further, each single-family home, condominium complex, or model home cluster may place one (1) additional sign at each turning movement beginning at the subject property leading out to a major street with a maximum of five (5) additional signs. 2. Must be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least one (1) foot from the edge of the paved portion of the public right-of-way. Shall not be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways or block visibility at a driveway or street corner. 3. No such sign shall be permitted within 150 feet of Shea Boulevard. 4. Signs may only be displayed between 6 a.m. and 9 p.m. 5. Maximum size shall not exceed six (6) square feet. 6. Maximum height shall not exceed three (3) feet. 7. Signs must be made of metal, plastic, or wood and be maintained in good condition. Page 3 of 4 Text Amendment,Zoning Ordinance Sec.6.08 Planning and Zoning—October 10,2019 8. No sign may be attached to any utility pole or box, light pole, street sign, bus shelter or any structure within the public right-of-way. 9. Signs shall not damage any vegetation or rest against other objects or vegetation. 10. Illumination is prohibited. Because the ordinance does not specify what can be on the sign, they could be used for directing traffic to any type of activity taking place on a residential property. The proposed regulations combine the requirements from the current two types of sign regulations and standardize them so all of these signs are treated alike. The proposed new language clears up a problem with regards to Shea Boulevard. Currently, garage sales signs may not be posted in the Shea Boulevard right-of-way and open house signs shall not be within 150 of the Shea right-of-way. It is difficult for the average person to know where the Shea right-of-way is or be able to then measure the distance from the right-of-way. The proposed code standardizes the distance and measures it from the curb which is easy to locate. Risk Analysis (options or alternatives with implications): If the proposed amendment is approved, we will reduce code compliance issues with regards to this type of temporary sign and be in greater conformance with the recent Supreme Court iota.,the proposed amendment is not approved, we will continue using the current ordinance provisions until the full code update is complete. Budgeted; if No, attach Budget Adjustment Form: NA Staff Recommendation(s): Staff recommends approval of the proposed text amendment. List Attachment(s): Sections 6.08 M and Q of the Zoning Ordinance Ordinance 19-16 SUGGESTED MOTION: Move to forward a recommendation to Town Council to APPROVE ORDINANCE 19-16. Prepared by: /0l311I io► esley, AICP, Development Services Director Date Page 4 of 4 ORDINANCE NO. 19-16 /44" AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, SIGN REGULATIONS, AMENDING SECTION 6.08, SIGNS ALLOWED OR REQUIRED TABLE, REPLACING SECTION 6.08 M, GARAGE SALE SIGNS WITH A NEW SECTION RESIDENTIAL DIRECTIONAL SIGNS AND DELETING SECTION 6.08 Q OPEN HOUSE SIGNS. 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 6, Signs, Section 6.08, Signs Allowed or Required,relating to garage sale and open house signs; and WHEREAS,the Town Council desires to amend the Zoning Ordinance to revise Chapter 6, Signs, Section 6.08, Signs Allowed or Required, to establish a new Residential Directional Yard Sign; 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 September 11, 2019 ( and September 18, 2019 editions of the Fountain Hills Times; and �r WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on September 26, 2019 and by the Town Council on October 15, 2019. 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 6, (Sign Regulations), Section 6.08 (Signs Allowed or Required), is hereby amended as follows: Zoning District Residential/ Commercial Open Space Industrial Lodging Recreation Total Aggregate Sign Area A N/A A A A-Frame Sign B N/Acw B B Awning/Canopy Sign C C C C f Zoning District • Residential/ Commercial Open Space Industrial Lodging Recreation Civic Organization E E E E Identification Comprehensive Sign Plans Z N/A Z Z Contractor Signs F F F F Directory Signs G v G G Electronic Message Center CC CC N/A Event Banners,Balloons and D * D D Pennants Flag I I _ti. I I Freestanding Signs J *.--r N/A —= J J _ Fuel Price Signs K __,,. N/A _N/A N/A Future Development Signs L L Gar-age-Sale-Signs RESIDENTIAL Sii _ _ _ MN/A MN/A DIRECTIONAL SIGNS i Menu Board N N/ _ N/A N/A 0 Multi-Tenant Building 0N/A 0 0 Identification Signs _ Neon Signs 6 - P 1y P P Q Q N/A SignsRESERVEI) Political and Ideological Signs = R R R R Projecting Signs S N/A S S Real Estate Signs I T T T Shared Monument Sign. J N/A J J Sign Walkers BCi N/A N/A N/A Special Event Signage U U U U Street Addresses g AA AA AA AA Subdivision Identification Signs = J J J J Under-Canopy Signs V N/A V V Wall Signs W N/A W W Window Signs X N/A X X Window Decorations/Painting Y Y y y (Holiday Theme) * Specific Regulations Apply SECTION 3. The Zoning Ordinance, Chapter 6, (Sign Regulations), Section 6.08 M, is hereby amended as follows: M. Garage Sale Signs RESIDENTIAL DIRECTIONAL SIGNS. RESIDENTIAL DIRECTIONAL SIGNS ARE PORTABLE, TEMPORARY SIGNS THAT ARE PLACED ON THE GROUND OR MAY BE IMPLANTED INTO THE GROUND WITHOUT THE USE OF ANY TOOLS OR EQUIPMENT AND CAN EASILY BE PICKED UP AND CARRIED BY ONE PERSON. RESIDENTIAL DIRECTIONAL SIGNS ARE USED TO DIRECT TRAFFICE TO A HOME. RESIDENTIAL DIRECTIONAL SIGNS MUST CONFORM:1. TO THE FOLLOWING REQUIREMENTS '- • 1 _ , - • - _ - . �les, yard sales and carport sales H SINGLE-FAMILY LOT, CONDOMINIMUM UNIT, O ' 4 DEL H I MAY PLACE ONE (1) SIGN ANYWHERE ON T OPERTY. FU2TH ER, EACH SINGLE- FAMILY HOME, COND 1 IUM COMPLEX, OR MODEL HOME SLUSTER MAY PLACE S GN AT EACH TURNING MOVEMENT BEGI ag = HE SUBJ PROPERTY OUT TO A MA STREET A MAXIMU I F FIVE (5) ADDITIONAL SIG 2. Garage sale signs mMust lace st one sot behind the curb. If no curb is prese , all be 1 d at 1 ;c (1) from the edge of the paved right- a arc salt signs sShall not be placed on side or withi I e center ns th i t die portions of paved or unpaved roadwa 3 — °- '" sig e p *tted within 150 FEET the Shea Boulevard 4 ame or stantially the same message.SIGNS MAY ONLY BE DID" = YED B EEN THE HOURS OF 6 A.M. AND 9 P.M. 5. There s _ be more than five (5) garage sale signs to any do • io IMUM SIZE SHALL NOT EXCEED SIX (6) SQUARE FEET. 6. MAXIMUM HEIGHT SHALL NOT EXCEED THREE (3) FEET. 7. M 11 t ee fur and e half( c) f et SIGNS MUST • BE MADE OF METAL, PLASTIC, OR WOOD AND BE MAINTAINED IN GOOD CONDITION. 8. Maximumh ght shall not exceed three f3)feet.NO SIGN MAY BE ATTACHED \"l TO ANY UTILITY POLE OR BOX, LIGHT POLE, STREET SIGN, BUS SHELTER OR ANY STRUCTURE WITHIN THE PUBLIC RIGHT-OF- WAY. 9. , is at least 3/8 of an inch thick.SIGNS LL NOT DAMAGE ANY VEGETATION OR REST AGA - OTHER OBJECTS OR VEGETATION. 10. • .ILLUMINATION IS PROHIBITED SECTION 4. The Zoning Ordinance, Cha , egulations), tion 6.08 Q, is hereby amended as follows: Q. RESERVEDOpen House-Dire .-d only as f llows: 1. Open house directional signs sl}a11-be used only tolirect traffic to a residence for 2. Maxi numberirectionat sis for each idence for sale,lease or rent shall • are achs ll be-six (6) square feet. No sign to gre an twenty four(24)inches wide and thirty six(36)inches - takl: 5. gisW shall not bauminated. 6. Sign ont. directional arrow. 4 d J 8. No sign shall be placed within one hundred fifty (150) linear feet of the Shea Boulevard public right of way. • 9. Signs must be made by a professional sign company. 10. Signs shall not be located within one hundred (100) linear feet of any sign advertising the same location. 1 1. Sign placement, other than as described above, may be approved by the Zoning Administrator or authorized designee. SECTION 5. 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 5. The Mayor, the Town Manager, the 3 Clerk and the Town Attorney are hereby authorized and directed to execute all document a all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the M `-end Council of -flown of Fountain Hills, Arizona, October 15, 2019. FOR THE TOWN OF FOUNTAIN HILLS: TE• O TO: Ginny Dickey, Mayor th Ake, Town Clerk REVIEWED BY: = mF2 APPROVED AS TO FORM: #v5� _.. Grady Town Mana Aaron D. Arnson, Town Attorney rr.► CHAIRMAN'S AGENDA Planning and Zoning Commission Meeting 10/10/2019 1. CALL THE MEETING TO ORDER, & PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION Chairman 2. ROLL CALL Call on Paula 3. Call to the Public Ask Paula if anyone from the public wishes to speak 4. APPROVAL OF MINUTES Read item #4 Call for a Motion to Approve Call for a Second Ask if there is any further discussion. When discussion is done, Call for a Vote. 5. Open the Consideration, Read item #5 Call on John I 6. Open the PUBLIC HEARING & read item #6 i 9 Call on John for a presentation Ask the Commissioners if they have any question 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 6. Consideration & read item # 6 Call for a Motion Q rA4 �Call for a Second � J ►�" Ask if there is any further discussion. tiv,,a, When discussion is done, Call for a Vot . , kn „314;,L® C Il � rti`C P'_U'" 7. Read item # 7 Call on John 7C) 8. Read item #8 COMMISSIONalt1114 REQUESTS from Develop ment Services Director. 1),9. SUMMARY OF CZ p 10. REPORT from Development Services Director. fV ' I r5,1A1‘, a• o✓ aL6 itDJOURN ENT (Chairman may adjourn without a vote.) (by WAVA G000174tv{ivklirN eAvvl 41 Oct* -4*16- Oh/a ir1/04 YelQ444 6Wii14'-'4e6r0 a l The Planning and Zoning Commission voted to recommend the Town Council approve a proposed amendment to the Zoning Ordinance's Sign Regulations. The proposed change creates the new sign category of"residential directional," which includes signs for such activities as garage sales and open houses. Development Services Director John Wesley told the commission that staff is currently reviewing the entire sign ordinance to assure compliance with a 2015 Supreme Court decision related to a case out of Gilbert, Ariz. In the case of Reed v. Town of Gilbert, the court ruled that local sign regulations cannot be based on the content or message presented on the sign. Signs can only be regulated based on physical characteristics of the sign such as size, location or material, among others, Wesley said. "There are several examples in the town's sign ordinance where the regulations are based on the content of the sign," Wesley said in his written report to the commission. "Therefore, the town has started a process to review and update the entire sign ordinance to be compliant with the Supreme Court ruling." He said the biggest challenge for the town is to update the code related to temporary signs including garage sale signs, for sale signs and open house signs. State law has preempted most local regulation of political signs. The current ordinance provides for separate categories for garage sale and open house signs. The amendment proposes to designate a single category for "residential directional signs." "The new regulations are a combination of the requirements in the code today for the two types of signs," Wesley said. At an earlier meeting Commissioner Susan Dempster asked for clarification regarding the ban on such signs in the median, specifically medians that separate main roadways from business or residential frontage access. Wesley said code enforcement officers treat the median restriction as applying to all medians, including the frontage dividers. The commission asked that its recommendation include the provision that will allow the temporary signs within the frontage medians. That includes a setback restriction from intersections. The commission recommendation was on a 5-0 vote and will be forwarded to the Town Council for its consideration. There were no members of the public present to comment on the proposal during public hearing.