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HomeMy WebLinkAboutPZ.2019.1114.Agenda 0���AlN�1 44. P NOTICE OF MEETING k. REGULAR MEETING 4, PLANNING AND ZONING COMMISSION 9j/ ___r 01.4 that isA181 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, NOVEMBER 14, 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 Hansen 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 October 10, 2019. 5. PUBLIC HEARING and CONSIDERATION OF a request for a SPECIAL USE PERMIT to allow new and use automobile sales in the C-2 zoning district on a portion of the property located at 11625 N. Saguaro Boulevard. Case #SUP2019-02 6. PUBLIC HEARING and CONSIDERATION OF a request for THREE (3) SPECIAL USE PERMITS to allow drive-in window facilities, operation of commercial activities between 11 pm and 7 am, and an outdoor seating area in the CC — Common Commercial zoning district at 17134 E Kingstree Blvd. Case #SU2019-05 7. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 19-17, amending Chapter 7 of the Fountain Hills Zoning Ordinance by removing Sections 7.02 G., Storage and Parking of Commercial Vehicles in Residential Districts; H., Storage and Parking of Unoccupied, Non-commercial, Mobile Homes, Boats, Aircraft, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; I. 2., Occupied Mobile Homes, Motor Homes, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; and, J. Storage and Parking of Junk Automobiles and renumbering the remaining sections. Case #Z2019-07 8. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020. 9. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. 10. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 11. REPORT from Development Services Director. 12. ADJOURNMENT. CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted at ?7. a.m./0in accordance with the statement filed by the Town Council with the Town Clerk. Dated this '.72 Jam/day of (�W ,2019. 4 ,),) ,r Paula Woodward, Executive Assistant k44.,. ,ne 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. #TAIN� TOWN OF FOUNTAIN HILLS 0cP a n X Planning and Zoning ' Board of Adjustment AGENDA ACTION FORM Meeting Date: November 14, 2019 Meeting Type: Regular Agenda Type: Regular Submitting Division: Development Services Staff Contact Information: John D. Wesley, Development Services Director,jwesley(a fh.az.gov,480-816-5138 REQUEST TO PLANNING &ZONING COMMISSION: CONSIDERATION OF APPROVING THE PLANNING &ZONING COMMISSION MEETING MINUTES DATED OCTOBER 10, 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 October 10, 2019. Attachment(s): N/A Submitted by: Approved by: 10/31/2019 10/31/2019 Paula Woodward, Executive Assistant Date John D.Wesley, Development Services Director Date Page 1 of 1 FAIN TOWN OF FOUNTAIN HILLS �� ,m bl� �� e,p X Planning and Zoning z Board of Adjustment that Is my' AGENDA ACTION FORM Meeting Date: 11/14/2019 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 a request for a SPECIAL USE PERMIT to allow new and use automobile sales in the C-2 zoning district on a portion of the property located at 11625 N. Saguaro Boulevard. Case #SUP2019-02 Applicant: Gerald and Cecil Lynn, LLC Applicant Contact Information: 14015 N. Kendal Dr. Unit B Fountain Hills, AZ 85268 480-620-7018 Property Owner: Charles Ryan 11625 N. Saguaro Blvd. Fountain Hills, AZ 85268 Property Location: 11625 N. Saguaro Blvd. Related Ordinance, Policy or Guiding Principle: Zoning Ordinance Section 2.02 Zoning Ordinance Section 12.05 Staff Summary (background): The property at11625 N. Saguaro Boulevard is a 1.14 acre lot that has historically contained several different businesses. The building along the north side of the property adjacent to Desert Vista has been developed and used as a service station with gas pumps. The tanks for the service station are still in place on the eastern side of the property. current tenant of the former service station portion of the property is Fountain Hills Offroad. This business ells and installs aftermarket accessories for Jeeps. The current use is allowed by right in the C-2 zoning district. The business owners would like to expand their business by also offering used Jeeps for sale on Page 1 of 3 SUP2019-02 Planning and Zoning—November 14,2019 the property. Section 12.05 of the Zoning Ordinance allows new and used automobile sales in the C-2 zoning district with approval of a Special Use Permit. . he site plan and narrative submitted with this application indicate the owner will close the driveway access from the frontage road and only use the driveway from Desert Vista. There is an existing customer parking area to the east side of the entry drive. The applicant has committed to repaving and restriping this parking area. The number of customer parking spaces meets the code requirement. The area under the canopy will be for the display of the vehicles for sale. There is an ordinance requirement that prohibits display of vehicles within 20' of the property line along the frontage road. This requirement will be met by keeping the vehicles under the canopy. The applicant has also stated their intention to repair and repaint the existing building. This will include fixing the broken glass window along the frontage road side of the building. Review and Analysis Section 2.02. D. 5. of the Zoning Ordinance states: "In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town." The proposed use is consistent with historic use of the property and does not pose any identified adverse impacts on the surrounding properties. There are two other vehicle sales operations along this stretch of Saguaro Boulevard. There is some concern for the existing underground storage tanks on the property, but le property owner needs to work with the Arizona Department of Environmental Quality on that issue; it is not being made worse by the proposed use. Driveway The applicant is proposing to use a chain to block the driveway from the frontage road. They are proposing this option due to the fact they are tenants and are not in position to make substantial changes to the property. They also felt that a chain would be easy to remove in the event the Fire Department needed alternative access to the site. It would be too costly at this point to fully remove the existing driveway. Staff some concerns with this approach. Chapter 19 of the Zoning Ordinance provides Architectural Review Guidelines. These guidelines are in place to help continually upgrade commercial development. One site plan objective is to create an attractive appearance. Because of the visibility along Saguaro, a main entry into the Town and the Town Center, it seems that another choice, such as using pots with plants, would be more attractive. Property Improvements The applicant has stated in their project description their intention to make improvements to the property if the SUP is approved. The landscaping on the property should also be enhanced. These commitments should be tied to a specific schedule to ensure they are done. Section 2.02. D.6. of the Zoning Ordinance states: "The Commission may recommend to the Town Council such conditions in connection with the use permit as it deems appropriate to secure the intent and purposes of this ordinance and may recommend such guarantees and evidence that such conditions are being or will followed." Staff would suggests that the Commission recommend to the Council a solution other than the chain to block the driveway and that the applicant be given six months to make all the site improvements. Risk Analysis (options or alternatives with implications): Page 2 of 3 SUP2019-02 Planning and Zoning—November 14,2019 Approving the request for the Special Use Permit will allow for active use of this property with a use that is compatible with the area. Active use of the property will lead to making needed building and site iprovements. Denying the Special Use Permit will keep the property as it is. Budgeted; if No, attach Budget Adjustment Form: NA Staff Recommendation(s): Staff recommends approval of the proposed use permit with the conditions that a decorative feature, such as potted plants, be used to block the driveway along the frontage road and that the site improvements (upgraded landscaping, paving and striping of the parking area, repairs to the buildings, and repainting) occur within six months of the approval of the SUP. List Attachment(s): Vicinity Map Site Plan Application Project Narrative SUGGESTED MOTION: Following discussion by the Commission, staff will assist with drafting a motion. Itor repared by: John Wesley, AICP, Development Services Director Date L Page 3 of 3 „,,,-.,...r.,„•i,,,,',",' ,,.'---,,,,:,..,;;;,--;;;.,....v y�yam f 1 ArPO, / =b i' F': 4 R 0 ; .. 4 :i.: 4 4,. }, ,,,, f...:: , .4644,.,.:!:;,,,,, ....:71P.,.4....:;,:,.,..,.. ir::-„iv, .,'„,,,, . ''''.JIL '''''' ' 1. ieil co 1.,,i i- - x ;pK, V, rD • 0. Q , , .: .,,„ ., CAI) lil • s g 1 F n t y R 0 'IIIlhIIIII ' _ J ;, _ ' z x' A!„ *.-. gg R 3euii01,4�."''i., :.... .'0k £.a _ 'A ....,e!'�iisa.......... �.&.zx „titm•._ wars,: D P3D Vf r ll I� °� E o L r*+ zmrvD I DTi6DgLE D A u m o m co 7 C ° v' m z D N VI rt. • o 0 .,<. 4 a CD ft 73 Ql -a IT (/1 al LA rD �, , I Ei Pli N, � '4 � `� : . O rt r.If tt� = ew V1 5�r ' L"$ V a '"""”' I F e \ Nq UN ° i 1/4.tvz AI N4f: DO Not write ' this space —official use only 4;,7( -\ ,ev, Filing Date 6 2yd 14 ,�,,� o 0( z - Accepted By . V�ln Ji �/D _ e Fee Accepted 4 v.• Case Manager MA riltin, ti,it� J ce The Town of Fountain Hills 1'c-22-19P03 :53 RCVD PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) _ Appeal of Administrator's Interpretation Area Specific Plan &Amendments Concept Plan , Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary/ Final Plat , Replat (Lot joins, lot splits, lot line adjust ents) Rezoning (Map) Special Use Permit &Amendments Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee, if applicable) Variance Other PROJECT NAME / NATURE OF PROJECT:-sc-O4,7vte A Cary ins irhcii--,47, , i/ EGAL DESCRIPTION: Plat Name Block Lot Nii PROPERTY ADDRESS: f/(0;I. 3 AV' Sc i Rim PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING C PROPOSED ZONING A licant Mrs. 0- Ja-L 1h11 -&4 i 1, k, L-L. Day Phone 'ISO 6) 701 8 Ms. Address: MC I A : 1(61.1 i 16700A-g City‘.n,,ih 1-1,1I State: -z_ Zip: of-1.0 Email: *11 E\V60\di a..) maxi i , C nw, Owner (J Mrs. C.-1,.Q se 'e r R.d 4 vN Day Phone Mr. Ms. Address: / / (9.Z S 4 -Soo iA.ajo$I4ity: et4 4 WIT' State Zip: 8ge5-026/ If application is being submitted by someone other than t owner of the property under consideration, the section be/ow must be completed. ac-rAZ, IjSIGNATURE O' OWNER Oil '4. DATE I HEREBY AUTH••\ZEt 'c-rni" ;0 TO FILE THIS APPLICATION. Pleasp Print ( Subscribed and % •- ore me his ..26 day of (Y1(1- 2 0 i 1 , 20 My Commission Exp�res 3 -23.-2D L I — • ,,.,,,� .'—; -,l dAra ne MUNIS =1 CY APPLICATION # ' ) WYern H Wafaoa "au,O My Commission Emres(=MI To:John D. Wesley, AICP From: Gerry Lynn Date: 10/11/2019 Mr. Wesley, I would like to clarify my intentions for the special use request for the north side of the property at 11625 N. Saguaro, where my business FH Offroad is located. My business plan is to sell pre-owned vehicles for retail sale. I will not be making any structural changes to my portion of the property. I would be making improvements to the appearance of the property with regards to painting and repairing the structure to make it more attractive and up to date. The display area would be under the canopy in the middle of my leased space, on the north side of the property. Customer parking in the rear would be repaved, striped and signage would be added for handicap spaces. I feel that I can be successful and substantially add to the current retail sales tax base for the town of Fountain Hills. Thank you for your consideration of my special use application, Gerry Lynn Owner FH Offroad I 4 C2 Special Use Proposal FH Offroad Property address: 11625 N Saguaro Blvd Fountain Hills, AZ 85268 Attention: Marissa Moore Senior Planner Development Services Department The current business transacted on the premises by FH Offroad is the sales and installation of accessories for Jeep Wranglers. The special use request is to add the ability to sell and display pre- owned Jeep Wranglers on site. We will not be making any structural modifications to the property. We have made aesthetic improvements recently and will be repainting and making repairs to the existing structure. There should be no adverse impact to the surrounding community. We will not be making any additional noise and will not be adding to the existing lighting that exists currently. The granting of a special use designation for this property will allow FH Offroad to generate additional sales tax revenue for the town by allowing us to add the sale of Jeep Wranglers to our business model. We anticipate an increase in the volume of accessories sold due to retail customers purchasing Jeep Wranglers and purchasing additional custom touches post sale. See enclosed photographers demonstrating what we plan to do at this location. We at FH Offroad respectfully appreciate your assistance. 4Sincerel 1. Z------------------- Gerry Lynn CEO FH Offroad 480-621-6756 �A„� TOWN OF FOUNTAIN HILLS X`•ver- Planning and Zoning f'a Board of Adjustment that -.......,r 100 is xvv AGENDA ACTION FORM Meeting Date: 11/14/2019 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner, REQUEST TO PLANNING AND ZONING COMMISSION: PUBLIC HEARING and CONSIDERATION of a request for THREE (3) SPECIAL USE PERMITS to allow drive-in window facilities, operation of commercial activities between 11 pm and 7 am, and an outdoor seating area in the CC — Common Commercial zoning district at 17134 E Kingstree Blvd. Case #SU2019-05 Applicant: Stan J Connick, Architect Applicant Contact Information: 11027 N Pinto drive Fountain Hills, AZ 85268 480-816-8000 Property Owner: Therese A Sanders, Trustee 16550 E Kingstree Blvd. Fountain Hills, AZ 85268 Property Location: 17134 E Kingstree Blvd. Related Ordinance, Policy or Guiding Principle: Zoning Ordinance Section 2.02 Zoning Ordinance Section 2.04 Zoning Ordinance Section 12.04 Zoning Ordinance Section 19.03 Staff Summary (background): Per the applicant, the property owner is trying to attain development rights to sell the property to a national coffee shop or to develop the site as an independent operation. The applicant is requesting hours of operation between 11 PM and 7 AM. Specifically, they are requesting operating hours from 4:30 AM to 10:30 PM. They are also requesting two drive-in windows and an outdoor seating area. Please see the attached Project Narrative from the applicant for additional details about the project and these requests. Page 1 of 6 SUP2019-05—17134 E Kingstree Blvd Planning and Zoning—November 14,2019 The property is zoned C-C — Common Commercial. The adjacent uses are (see Attachment 1. Adjacent Zoning Map): North: C-C — Common Commercial (developed as common parking for Plat 202) East: C-C — Common Commercial (developed as Saguaro Blvd, adjacent to Desert Canyon Golf Course) South: R-8 — Single Family Residential (developed as Kingstree Blvd adjacent to Desert Canyon Golf Course) West: C-C — Common Commercial (developed as common parking adjacent to an alley and multi-family residential) Review and Analysis The reason for requiring a Special Use Permit for certain uses is because certain uses may be appropriate in a zoning district, but the impact of those uses may not be appropriate throughout an entire zoning district. The Special Use Permitting process allows an extra level of scrutiny to determine if certain requested uses are appropriate at a specific location. In assessing the appropriateness of a use at a certain location, a determination should be made that the "physical or operational characteristics (and) influence on the traffic function of adjoining streets, or similar conditions" are designed in a manner "which assures maximum compatibility with adjoining uses", per Section 2.02.A of the Zoning Ordinance. If a commercial site plan is submitted that is compliant with all requirements of the Zoning and Subdivision Ordinances, it can be reviewed and approved administratively, i.e., by staff. However, per "Section 2.04. Site Plans" of the Zoning Ordinance, administrative site plan approval shall not be granted if special use permits are requested. Section 2.02.C(1) states the Zoning Administrator may require, "a detailed site plan prepared in accordance with Section 2.04 showing all information necessary to demonstrate that the roposed use will comply with all special conditions as well as other regulations and requirements of this Zoning Ordinance." Section 2-.02.G(2) also states, "Any special use permit issued by the Town Council shall be considered null and void if construction does not conform to the originally approved site plan". Chapter 2, Section 2.02.D(1) of the Zoning Ordinance states (emphasis added by staff): It is the express intent of this ordinance that any use for which a special use permit is required shall be permitted in the particular zoning district; provided, that all special conditions and requirements of this ordinance are met. Therefore, the action of the Commission shall be one of recommending approval or denial to the Town Council based upon its judgment as to whether the specified conditions have been or will be met. The Commission shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The Commission may make such suggestions to the Town Council concerning ways a proposed project may be acceptable and compatible to the area. Because the applicant and property owner have not identified a specific end user, they do not have a full site plan. What is submitted and included with this report is thus conceptual. This poses some challenges, as a recommendation would be made without a complete and detailed plan of development. Additionally, a detailed site plan must still come back for Town Council final approval, as it cannot be approved administratively. ,-after discussing this with staff, the applicant and property owner decided that they wanted to go forward with their requests. Page 2 of 6 SUP2019-05— 17134 E Kingstree Blvd Planning and Zoning—November 14,2019 Section 2.02.D(5) of the Zoning Ordinance states: "In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town." Staff believes, based on Sections 2.02.D(1) and D(5), that there is not enough information about the development at this time to make an informed recommendation. The predominant concerns with these requests are the noise, light, and traffic generated by the uses on the property, and how they will affect the residential character of the neighborhood. The residences to the west will be most impacted by this development(see Attachment 2. Perspective from Subject Property Looking West). However, traffic impacts and the overall intensity of the use would impact the neighborhood character. Below is a list of potential issues with development of this site that have been addressed with the applicant's application (staff's comments are in italics): 1. Noise impacts of the drive through ordering; The applicant shows this located on the east side of the property, closest to N Saguaro Blvd and behind a 4-foot tall wall that wraps around the outdoor seating area. 2. Outdoor seating is shown to have a 4-foot wall around it; The applicant states, "The Site is considered optimum for traffic access and visibility with park-like outdoor seating taking advantage of the golf course across Kingstree Blvd. and Saguaro Blvd. to the South and East."While the wall around the seating area was requested by staff to help buffer patrons from the adjacent "rive-through aisle, no landscaping in this area is shown and it essentially cuts off the area from the views .f the golf courses, eliminating the "park-like"feel. 3. Outdoor lighting; The applicant has provided an outdoor lighting plan that is compliant with the Zoning Ordinance. The parking lot and drive aisle lights specified are 8 feet in height, which helps prevent these lights from being visible from the adjacent residences. 4. Drive-in windows; Chapter 19 of the Zoning Ordinance requires a minimum of 11 vehicles be "stacked", i.e., lined up on site out of the right-of-way, for drive-through uses. The applicant shows this requirement being met. Below is a list of potential issues with development of this site that have not been addressed: 1. The final site plan that will include a survey, grading and drainage, landscape plan, traffic report, and specific site design elements that would address the Special Uses being requested has not been submitted; The applicant noted in their response to staff's first submittal comments, "an actual user has not yet been determined"(see Second Submittal Comments dated September 22, 2019). A detailed site plan is required with the Special Use Permit application submittal, which complies with Town ordinances and shows how the impacts of these special uses are mitigated. The Zoning Ordinance also requires this site plan is approved by Town Council. 1. Traffic 'Vo traffic study was submitted at this time, and until an end user with specific uses is identified, determining hat specific traffic impacts there will be from development of this site is purely guess work. Staff did look at the ITE Trip Generation Manual land uses and trip generation data and determined that a coffee shop may warrant an all-way stop at the intersection of Kingstree and Saguaro. However, until a traffic report is presented and reviewed by staff, a determination of whether this all-way stop is warranted cannot be made. Page 3 of 6 SUP2019-05—17134 E Kingstree Blvd Planning and Zoning—November 14,2019 It is important to note that cursory evidence shows that a significant amount of new traffic would be created from a coffee shop use at this location. This amount of traffic coming and going from this site would change 'le character of this area. Determining the extent of this impact is important for determining if these special uses should be approved, or not. (Please see email from Town Engineer, Randy Harrel, "Subject: Saguaro/Kingstree Intersection"dated November 5, 2019 for some additional information on traffic impacts. He notes, "Not met?"in several places because the trips generated by a particular use are not available to staff at this time. Staff used data provided in a traffic study for a Starbucks project in Cottonwood, AZ dated September, 2018. Based on the ITE data from that study for that land use, a 2000 square foot coffee shop at this site will generate 819 outgoing trips at per day and 57 trips at peak hour at the intersection of Saguaro Blvd and Kingstree Blvd. This estimate does not include the outdoor seating area.) 2. Noise impact of commercial business activity on adjacent residences, especially from 4:30 AM to 7 AM; The applicant states, "I do not think that significant additional noise will be created that is not already created on the major arterial street — Saguaro Blvd." Staff believes that there would be significantly more noise at this site than occurs on Saguaro Blvd. Please see the previous comment about the amount of traffic the proposed uses may generate at this site. Patrons would be using the intercom to order, car doors would be opening and closing, engines starting, people conversing, garbage removal and deliveries occurring, and so forth. An estimate of the number of vehicles entering and exiting this site would need to be provided to help determine the noise impact the activity on this site would create. 3. Potential noise of commercial deliveries and garbage removal outside of proposed operating hours; The applicant does not know when deliveries will occur. This may be when the business is open or closed/ outside of "commercial operating hours'; and may occur daily. In a conversation with a neighbor who contacted staff, concerns about the noise generated by deliveries and garbage removal during the early orning hours were expressed by residents in the nearby condos. 4. Lighting from the business interior during the hours of 4:30 AM to 7 AM Staff suggested providing extensive landscaping along the west property line, providing a cantilevered cover over the windows and entry on the western portion of the building, and/or providing landscape planters along the western portion of the building to block this light. The applicant added some landscaping to the western area of the site plan, but it does not meet the Town landscape requirements. In the Second Submittal Comments, the applicant states, "A developed landscape would coordinate species with the existing development." The covered entry has a 4-foot canopy, but staff does not believe this adequately mitigates the lighting concerns. Risk Analysis (options or alternatives with implications): Forwarding a recommendation to Town Council to approve these uses without a complete site plan and without demonstrating how the influence of these uses are addressed creates risks that a subsequent and forthcoming site plan may not adequately address the special uses. This could result in prolonged or delayed site plan approval for a potential developer. It could also result in the special uses not being fully addressed in response to a desire to move a project forward at this time. Requiring a site plan that depicts how a development project would address the impacts would allow a prospective developer to know development requirements and the Planning and Zoning Commission more information on which to base a recommendation. Budgeted; if No, attach Budget Adjustment Form: NA Staff Iftop staff believes there is insufficient information showing how the requested special uses will influence the neighborhood and adjoining uses, staff recommends the Special Use Permit requests be continued to a future date, but no longer than sixty (60) days from this hearing date, to allow the applicant to submit a detailed site plan. Page 4 of 6 SUP2019-05—17134 E Kingstree Blvd Planning and Zoning—November 14,2019 List Attachment(s): 'icinity Map application Project Narrative Site Plan (6 pages) Second Submittal Comments dated September 22, 2019 (2 pages) Attachment 1. Adjacent Zoning and Land Uses Attachment 2. Perspective from Subject Property Looking West Email from Town Engineer re: Saguaro/Kingstree Intersection (2 pages) SUGGESTED MOTION: Following discussion by the Commission, staff will assist with drafting a motion. Prepared by: 11 /17 Mari sa Moore, AICP, Se for Planner Date • i Page 5 of 6 SUP2019-05—17134 E Kingstree Blvd Planning and Zoning—November 14,2019 Vicinity Map . rw ; * _, 4, - -4_,...t,:....0,, ....**.,..,,,,,,-„: ,,, ,,17. • ,,,,...,,,,,,i- A.- :. //,'„( _/ I:...::i ..-;',#'r4 ' ".: f « 1 ':e t iirflj , =, .� a t',.,. . ,,'0 A, i id , . ,,,,,,,,,,' *0 I.,. , li ,,, . :.47 ,r; r - sa :;v �. x, r ' rx� s 1w # Z gyp' ' ' FA Cr, a t s.! l d I• , "' _ �O f? • 411 Page 6 of 6 / o��T MN kjtt DO Not writ i�i space—official use only �, .; v, , Filing Date 1/ 4,.. LLt n, Accepted By IV b P17 tJA' '� 41•0 c ___ _ ,= Fee Accepted -0i'0, �' . Case Manager M(tnSSA. Al r 9'' -or4 'bat is AO' 03-22-19A07 :47 RCV) The Town of Fountain Hills PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment(Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan &Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary/ Final Plat Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit&Amendments Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee, if applicable) Variance Other PROJECT NAME / NATURE OF PROJECT: i LEGAL DESCRIPTION: Plat Name 2 72 Block i Lot t i PROPERTY ADDRESS: 171 3-4- E Kitac rFz.Fp Fat VO PARCEL SIZE (Acres) . 56 ASSESSOR PARCEL NUMBER I'T�--68- > NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING C-C. PROPOSED ZONING C-G A licant Mrs. •-DTI t--I J, K-fo N N(r-K - A R C.Ft t7e CT Day Phone RFD 1 B GCMG Mr. Ms. Address: I l 0�7 Ni Pir!'!G PR. City: NULLS State: Az Zip: 8 .6c. Email: 4-t-clkIco�lhttCKPaRLitr.Ft,C'eX,NIF7 Owner 4Mrs. 7 a � sr� Day Phone( 9O)83 T-337D Mr. Ms. Address: / NqS �D. City: /�rdiIs State: /¢2 Zip: Issue 4''3 l If application is being submitted by someone other than the owner of the property under consideration,the section below aw t be completed. - -' SIGNATURE OF OWNER 6Ted- �I;_./h/ d,• DATEfijg_ZA?___ I HEREBY AUTHOR ! c Z71A T. .d/ TO FILE THIS APPLICATION. Piegse Print pubs ribe. a '• •m before me this Z..(5t day of A�6�dT 20 I .4 ..aP My Commission Expires Lo(tt 1 14 " , r• ary Public 1 MUNIS I W Avatar�,4 ANTHONY FIACCATO ( APPLICATION # 10/G ,0. - .A Notary Public-Arizona at1 Mar!copa County rot--,!, My Cor- „I;es Cc;22.2C2' STAN J. CONNICK and ASSOCIATES NARRATIVE - SPECIAL USE PERMIT FOR A RESTAURANT ADDRESS: 17134 E. Kingstree Blvd. Fountain Hills,AZ 85268 PROPERTY INFORMATIONPIat 202, Block 1, Lot 11 FP 202Fountain Hills Subdivision MCR#: 147-05 Parcel#" 176-08-411A Deed Number: 1900600502 ZONING: C-C Lot Size: 25,317 sf OWNER: Therese A.Sanders 16550 E. Kingstree Blvd Fountain Hills,AZ 85268 APPLICANT: Alvin Yno 8776 E. Shea Blvd. Suite 106 Scottsdale, AZ 85260 480 244 0702 vavygroup@gmail.com ARCHITECT: Stan J.Connick Stan J. Connick and Associates,Architects-Planners 11027 N. Pinto Drive Fountain Hills,AZ 85268 480 816 8000 office 480 816 8222 fax 602 576 6847 cell stanconnickarch@cox.net This NARRATIVE is for a special use permit for a proposed restaurant located at 17134 E. Kingstree Blvd., Fountain Hills, AZ 85268. The current zoning is C-C. The current Town of Fountain Hills Zoning Ordinance allows for a Restaurant to be located on this site, Chapter 12, Section 12.02 B.1.t. This submittal is per the following: Section12.04 Uses Subject to Special Use Permits in C-C: A. Drive -in window facilities B. Operation of commercial...activities between eleven p.m. and seven a.m. C. Outdoor seating area The Proposed Building is approximately 2,000 sf with (A) 1 or 2 Drive-in windows (B) Operation hours: 4:30 am to 10:30 pm (C) Outdoor seating: approximately 800 sf The proposed facility is inquiring interest from national coffee shop or proceeding in developing an independent operation. The Site is considered optimum for traffic access and visibility with park-like outdoor seating taking advantage of the golf course across Kingstree Blvd. and Saguaro Blvd. to the South and East. Commercial Zoning is on the remaining North and West sides of the property. ,, No outdoor entertainment is proposed. Noise should not be an issue with this proposed use. Minimum traffic is projected. Outdoor odors are not an issue. Visibility from existing residential properties architects would not be impaired. Planners 11027 N. Pinto Drive • Fountain Hills.AZ 85268 •Voice(480) 816-8000 • Fax (480) 816-8222 sconnick'Zi stanconnickarchitect.corn •www cianrnnnirLo -i:.., . .,..y w o- l t I-'i 4 ',rL • y; ' ` � a 4- r („) .ra.w. 4,--0-2. r ,igy _ — --, / i .,/ , -0 I ., - {d lir 2 - jI _ i Jy�D�� I� J - - ,r_ .p �s m _I C D ycj RR s WI- 7 M D a - y DmiU ! 7 ' + T r D Oo o n K Z `4Allipt 4/ r r . - ,,- 101111 iliii2::1 p D/D/,T.,..N flhI ;H tV1H; ñfl >"S O 2 2 z o q n G g $2 f > ; C `-^O m=N Nig°i 264 D L"� G poz=io X imm� o, a, o, d m2m Ao �o _ x. m 0 o m o A v E 2:T „c D A n vn z c� n n3v"{�i _ P 7C m !!11 w = x v�'i H m72 2,,s. �o a xti D o $? °cl°a zSna on '� :x.i r, D m N O O w N D w F n O u ?7 N D w n N e Alt_ — '-'-'i V n y>o f Q-o N_ - U n '^� �� C I L. Cn O z< T D _ " m n 0 0 m�^' E z I Gg ' 4 �,/ S� cm 3 ' NDNN = "a �,1 eZ , \,7 x y I l' o?�i g ,�"`, DRIVE-THRU RESTAURANT STAN J. CONNICK o 1 a N N I a a,: v1� 17134 KINGSTREE BLVD,FOUNTAIN HILLS,AZ 85268 and ASSOCIATES o N o - 1 ,.. q4 COVER SHEET .rrvru.Iult9IANIIILI,V.,•µ 4111”11«.um I.411(01 1 ,i ,'t .P — ,.� Z Xs t, 9 m r r ', I- . `1' ` 0 i • 3 CD . D s, t' s i T m ` m ,• I X ! 5 /z/-�� �S• ill • 1 O t O ar4 \- i z h d i I < �' m G) ';'# .,, . . =� n 'I m 0 ,, • m cn CD • : . + 73 i , 0 ' •t 0 O r —I if 0 i ( r Co/ 4 *� r }.. b O 3 O a V/ D t C . I � ' AllD D , A j . .iita ILA, ! g . DRIVE-THRU RESTAURANT STAN AN J. CONNiCK � �� '%'' o a r 17134 KINGSTREE BLVD,FOUNTAIN HILLS,AZ 85268' o _ o N and ASSOCIATES r P o 1 N D CONTEXT PHOTOS „„i. + h Ri vv f. x m Z qr, O "s\\,\ _ i / / i% N- I ____I / _ / / / / � I P i� i. � -__ _ib0 W -' I ii I I 1 R 6� d I n �, � r h ,101/ 41171 4/;.-4;jir# / I j1 II! 24 A-,,, ,, 0. .rot hih $ (1 1\ lid tt A <-'Si.-I DD �o� p� aQgp ICI ()t I o _ UU OFSO jdU� • I 1� 3N - I, g 11 A R i L— / qTtdczn — I i fi u ( { fi . / t€� i g i_SD b ri N E) , . i= 0' �` k KINGSTREE BLVD I c & K DRIVE-THRU RESTAURANT STAN J. CONNICK 1 W _ o n ' o VD k R . ri 17134 KINGSTREE BLVD,FOUNTAIN HILLS,AZ 85268 and ASSOCIATES O N N N g 1 S. N oJ \_.M� G ARCHITECTURAL SITE PLAN ��+ �r, «�.,,•k=�,.. M., .,<,�.a.:_: 4 111 ' i v z...i 0 4 m 4. al m i z 0 < — ( 0 — z 4(21 m 4 : --1 0 z i 1 1 i i \I \ \ AY ' 1 i . 1 1 1 ' I r", -4 41 i -. > I r- 5 < 1 I ilpi°11',4'11,110' ,' m -• \ X 0 I I'4 cn c 1 = 1, H III , b fa cn , i .. _ 41 f mil , \ t . 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CONNICK1 17134 KINGSTREE BLVD,FOUNTAIN HILLS,AZ 85268 o c. 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CONNICK \ T , and ASSOCIATES SU 2019-05 M#10058 17134 E Kingstree Blvd September 22, 2019 176-08-411A 2nd Submittal 09/23/2019 Town of Fountain Hills Planning&Zoning 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Re: Special Use Permit Application for 17134 Kingstree Blvd Case No: SU2019-05 Attention: Marissa Moore, Senior Planner I appreciate ALL your efforts in reviewing this submittal. I have addressed the following notes sent 09- 09-19 and am responding to these comments per due date 09-23-19. It is exciting that we both want this project to be the best that it can be. Please update me on the schedule. Although, an actual user has not yet been determined,this Conceptual Site Plan should comply with their requirements as well as the Town of Fountain Hills. Selecting an occupant is dependent on the requests in Special Use approval: (A) 1 or 2 Drive-in windows (B) Operation hours: 4:30 am to 10:30 pm (C) Outdoor seating: approximately 800 sf Obviously, there will be changes when Civil Engineering, Utility requirements and design of the building 46, when the User has been selected. COMMENTS&ATTACHMENTS 1. Mailers List Attached is a list of Property Owners within 300 feet of the property. There is a list which includes: property addresses, owners and owner's addresses. Another list eliminates repetitive owners which is used for the Labels. 2. Conceptual Site Plan The following corrections have been made. - Off Street Loading Zone. Section 7.04.5 states that an off-street loading space is not required for a building with less than 5.000 sf. - Fire Truck, 50'turning is shown. - There is are 2 existing fire hydrants serving the property. One is directly on the property near the SE corner, the other is approximately 180 feet to the North. - The ADA parking spaces and access aisle are dimensioned. - The parking spaces are dimensioned to be 9'-6" wide. I have found that the Town requirement of 9' is too narrow (especially if you have a Ferrari). Added dimensions are shown for the parking lot. - Visibility triangles are shown at the driveways per common standards. The Fountain Hills Ordinance is complicated and I believe that the 10'/20' meets our standards. - Notes are added for new driveways and cross walk - I made both driveway widths 28' wide.The South driveway angles 10'from the property line and eases traffic flow. - I noted painted cross walks. It is very difficult to maneuver an assisted device on textured paving. Nth. - The Trash Enclosure allows for 2 bins similar to the remodeled McDonalds Architects Planners 11027 N. Pinto Drive • Fountain Hills.AZ 85268 •Voice(480) 816-8000 • Fax(480) 816-8222 crnnni,'k if.ctanrnnnirL arrhitart rnm • , rx.u'ctanrnnnirirarrhItart rnm - There are no easements on the Property. All Utility easements are in Plat 202a. I have shown possible locations for the electrical transformer,water ands sewer.These will be determined by the utility companies. - Paving for the drive through and parking are noted. - The possible location of the menu bar is shown. - Noise abatement would not be accomplished with landscaping. I do not think that significant additional noise will be created that is not already created on the major arterial street—Saguaro Blvd. I have shown some trees to assure that there is not a conflict with the lighting.Visibility is important both for seeing the establishment and customers views of the golf course. A developed landscape would coordinate species with the existing development. - Your input on the height of the light poles is huge. My consultant tries to minimize the clutter of light poles but lowering the fixtures will be much more consistent with our Town's objectives. My consultant was at a lighting convention this past week but can change the light fixture selections photometrics and today. - The detention areas should be able to have minimum depth through disbursement in the multiple landscape areas. The site is noted to have expandable soil which will need to be accounted for in the building and hardscape. - Automobiles and outdoor seating is shown. - I have not moved the drive-through windows. The selected user will have their requirements. With appreciation, Stan J.C. nick,Architect a, 5 1---., A.T.A. . ....;- Nor ,,),,,.. . c -. ,,_ I ,.: 'Yet',11.11._ u30 ‘ ':' .‘,/, • g f„.044/1. ,,,;,,,,,:•,...4,4,▪ ',- '.,t •--4 ..„p. .. c LE C --;,•,.., , ,,,▪,..4, " 4,,,:,,,::!---'' ' '-' = it-) „,„•,,, , --, 4., ,,'- , , -,-_,,...„ e- ),./;4,,,, ,,,„, ..4"°, '''' # ' .f c1-1), ' ' ' . •":`"irri,r1., ''. .'",.' 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(I) L_ sa) Ci_ it- 1 dt ' cr) E a.o A , _c c $ c" -I—; From: Randy Harrel To: Marissa Moore Cc: Anh Harambasic Subject: Saguaro/Kingstree Intersection-Drive Thru Restaurant or Coffee-All-Way Stop Warrant Met?LOS at intersection and at site D/W?DRAFT TO:ANH Date: Tuesday,November 5,2019 4:57:53 PM Attachments: jmaae003.Dnq jmage004.onq jmaae005.pnq jmage006.onq Marissa, You asked if the drive-through restaurant (fast-food or coffee) proposed at the northwest corner of the Saguaro/Kingstree intersection would likely create the need for an All-Way Stop, a Traffic Signal, or other traffic issues in this area. Meet an All-Way Stop Warrant at the Saguaro-Kingstree Intersection? Here's my very preliminary analysis (Reference: Manual on Uniform Traffic Control Devices): Estimated Traffic Generated in Peak Hour(Ref:Starbucks Coffee—Cottonwood data): 2 ksf Building Area x 818.58 vpd/ksf/2 (incoming vs outgoing) trips, nearly all outgoing to the Saguaro/Kingstree intersection =819 outgoing vpd X 7% (avg of 8 highest hours) = 57 vph All-Way Stop Warrant (MUTCD Section 2B.07): A. Interim Measure where a Traffic Signal is justified. NOT MET. B. 5 correctible crashes in 12 months. NOT MET. - Per the Collision Diagram for this intersection,there has only been 1 accident during the last 30 month period. C. Minimum Volumes: NOT MET? - 1. Major Street—300 approach vehicles per hour (vph)for 8 hours (both approaches). Saguaro carries 1,219* vph (avg. of 8 highest hours) +57= 1,276 vph. Met - 2. Minor Street- 200 approach vph for the same 8 hours, with average delay of 30 seconds during the highest hour. 48* (EB Kingstree, avg. of 8 highest hours) +57= 105 vph Not met Peak hour average delay greater than 30 seconds—Estimated to currently be significantly less. Not met? - 3. Or,for an 85%speed greater than 40 mph, use 70%of Criteria B, C1 and C2. Not met? D. Meet 80% of Criteria B, C1, and C2. NOT MET? 11ir *Extracted from the 3-28-17 traffic counts, by United Civil Group. Evaluation based on future traffic increase at this intersection? UNKNOWN. So, it is somewhat unlikely that the potential peak hour traffic generated will create the need for an All-Way Stop at the Kingstree-Saguaro intersection, due to the low volume of traffic on Kingstree, even with this new business.This should be verified by the applicant's Traffic Engineer. Adequate level of service at the Plaza's driveway entrance onto Kingstree and at the Saguaro- Kingstree intersection? No data. So,the applicant should provide an acceptable Traffic Report, showing that adequate traffic control measures and adequate Level of Service will be provided. Thank you. Randy L. Harrel, PE,SE,RLS,CFM Town Engineer ��i+rrit Town of Fountain Hills to p:(480)816-5112 m:(602)721-4800 low .,. a: 16705 E.Avenue of the Fountains, Fountain Hills,AZ 85268 . ,A� �,> w:www.fh.az.gov e:rharrel(�fh.az.gov ;' ��i Follow us on: 11100 IP TOWN OF FOUNTAIN HILLS tp 111111 X Planning and Zoning Board of Adjustment oo* that is of AGENDA ACTION FORM Meeting Date: November 14, 2019 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: John D. Wesley, AICP, Development Services Director, 480-816- 5138, iwesley(a�fh.az.gov REQUEST TO Planning & Zoning Commission: PUBLIC HEARING of ORDINANCE 19-17, amending Chapter 7 of the Fountain Hills Zoning Ordinance by removing Sections 7.02 G., Storage and Parking of Commercial Vehicles in Residential Districts; H., Storage and Parking of Unoccupied, Non-commercial, Mobile Homes, Boats, Aircraft, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; I. 2., Occupied Mobile Homes, Motor Homes, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; and, J. Storage and Parking of Junk Automobiles and renumbering the remaining sections. tease #Z2019-07 CONSIDERATION of ORDINANCE 19-17, amending Chapter 7 of the Fountain Hills Zoning Ordinance by removing Sections 7.02 G., Storage and Parking of Commercial Vehicles in Residential Districts; H., Storage and Parking of Unoccupied, Non-commercial, Mobile Homes, Boats, Aircraft, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; I. 2., Occupied Mobile Homes, Motor Homes, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; and, J. Storage and Parking of Junk Automobiles and renumbering the remaining sections. Case #Z2019-07 Applicant: John D. Wesley, AICP Development Services Director Town of Fountain Hills Applicant Contact Information: 16705 E Avenue of the Fountains Fountain Hills, AZ (6480) 816-5138 Owner: N/A roperty Location: N/A Page I of 2 Amendments to Chapter 7 of the Zoning Ordinance Case #Z2019-07 Related Ordinance, Policy or Guiding Principle: Town Code, Chapter 12 Staff Summary (background): This ordinance is a simple housekeeping item. In 2017 staff processed an amendment to the Town Code moving certain provisions found in Chapter 7 of the Zoning Ordinance into Chapter 12 of the Town Code. The ordinance language added to Chapter 12 of the Town Code included some updates and revisions to the ordinance requirements. It is not necessary, and can be confusing to have similar provisions in two sections of the Town ordinances. It is beneficial, therefore, to amend the Zoning Ordinance to remove these provisions. The attached ordinance is a simple strike-through of the existing provisions of Chapter 7 of the Zoning Ordinance that need to be removed. Remaining sections have been renumbered. No new or modified ordinance language is being proposed. Risk Analysis (options or alternatives with implications): Approval of the requested amendment will eliminate duplicative and out-of-date language from the Zoning Ordinance which will help with code enforcement. Denial of the requested amendment will maintain current ordinance provisions. Fiscal Impact (initial and ongoing costs; budget status): No Financial impact to the town is anticipated. staff Recommendation(s): .aff recommends approval of the requested text amendment. SUGGESTED MOTION(S): Move to FORWARD A RECOMMENDATION to the Town Council to APPROVE Ordinance 19-17. Attachment(s): 1. Draft Ordinance #19-17 Submitted by: John D. Wesley 11/14/2019 Development Services Director Date Page 2 of 2 ORDINANCE NO. 19-17 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 7, PARKING AND LOADING REQUIREMENTS, DELETING SECTIONS 7.02 G., STORAGE AND PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS; H., STORAGE AND PARKING OF UNOCCUPIED, NON- COMMERCIAL, MOBILE HOMES, BOATS, AIRCRAFT, TRUCK CAMPERS, CAMPING TRAILERS, TRAVEL TRAILERS, AND OTHER TRAILERS; I. 2., OCCUPIED MOBILE HOMES, MOTOR HOMES, TRUCK CAMPERS, CAMPING TRAILERS, TRAVEL TRAILERS, AND OTHER TRAILERS; and, J. STORAGE AND PARKING OF JUNK AUTOMOBILES, AND RENUMBERING THE REMAINING SECTIONS. 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 7, Parking and Loading Requirements, relating to provisions for the storage of various types of vehicles and equipment; and WHEREAS,the Town Council through Ordinance number 17-02 updated and moved these .. same provisions to Chapter 12 of the Town Code; 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 October 30, 2019 and November 6, 2019 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on November 14, 2019 and by the Town Council on December 17, 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 7, (Parking and Loading Requirements), Section 7.02 (General Regulations), is hereby amended as follows: 1. Except while loading, unloading, delivering, or making a service call at a residence, no person shall park or store a commercial vehicle, as defined in Arizona Rev. Stat. 28 2231, 22 feet in length on streets in residential districts thi the fel wing as on residential lots. a. Within the front or street side yard. b. Within the side or rear yard unless the vehicle is located behind a six foot high solid masonry, concrete, or earthen product wall. Further, any access gates shall 2. Except while loading, unloading, delivering or making a service call at a residence, no person shall park or store any commercially registered vehicle with a chassis rated for more than five tons anywhere in residential distr' ts. • • 1. Unoccupied, non commercial mot es, camps avel, and utility trailers and boats • a. Where such vehicle is pa or store,• :n a resid-'2PLiot, said vehicle must be behind a six foot high solid r '= 'rete, or -art` oduct wall; any access . . z . . : b. Where such veh - o z-r is in t --i4w,scess of being loaded or unloaded, such vehicles shall not MO cat- _ t porti i a lot that is in the front of the primary = - -. .. . . c. ere a to arary visa t j_ nit has b- ? issued by the Zoning Administrator and ermit = splayed o- 3= right side of the dashboard of such vehicle or in such _� . . x =._ . , - . d. veh and tra' not be located on a residentially zoned lot or parcel o that not have a residential structure. In planned unit development proje scree torage yards may be allowed; however, occupancy of any e. —in all no idential zoning districts, such vehicles must be located behind the } 2. If storage or parking, as required by this section, is not f-asible, the Zoning Administrator alternative manner. 11G. Storage and Parking of Occupied Vehicles: Construction Office or Security Personnel Housing. The Zoning Administrator may issue an Administrative Use Permit to park a mobile home, motor home, truck camper, or trailer in any zone where said vehicle is used to conduct business or provide housing for security personnel during the construction of a permanent building when a valid building • permit is in effect. Such a mobile home or trailer shall be removed immediately upon the stoppage of construction. Tfaiiers,-andvther Tra lers.For purposesrofthi b ction the t �� edn �Jc}v�etirrori�rrrc rvriavvc�" pre 7 ) . .ided i.,, this sectin, a. Occupied mobile homes shall be locatednly in approved mobile home parks or 32. Temporary Sales Offices for isions. After o ng a Temporary Use Permit and a Building permit for a m ome, a mobile home be used for temporary real estate sales, subject to the follow ipulatio • a. An all-weath ss route to e home has been proved by the Town Engineer. =� b. A delineated park area _ ided fo tomer and sales personnel vehicles from c ratio and ic, with a minimum of one off- a for en s io the mobile home plus two spaces. c. obile e must h _indoor restroom facilities available to all patrons. hem ome _ re - ed from the site prior to the opening of the model e. e. On-s les p el must be present at least five days a week during normal busines urs. 1 event shall a mobile home under this section be open before 7:00 A. after 9:00 P.M. f. bu conducted in the mobile home is restricted to sales and marketing a with tract subdivision within which the mobile home is located. g. The Temporary Use Permit shall not be for more than 120 days. h. The mobile home shall be skirted with material similar to the siding of the mobile home. i. There shall be a landscaped area at least equivalent to the square footage of the mobile home. Landscaping shall consist of at least one five-gallon plant for each ten lineal feet of the longest side of the mobile home. 11k A 1. Definition. "Junk Automobile" mans any vehicle missing one or more body parts; or is missing or has 2. Junk Automobiles. In open space recreational and residential zoning districts,junk KH. Aircraft: Aircraft may only be located in industrial and must h Gated in an area screened from public view. SECTION 3. If any section,subsection en _.__ use, phrase,i ortion of this Ordinance is for any reason held to onstitution decision of any cart of competent jurisdiction, such decision shall not a alidity of fmaining portions of this Ordinance. SECTION 4. The Mayor, the To1Man = e Toww erk and the Town Attorney are hereby authorized and u c• executeL docum i take ,steps necessary to carry out the purpose and inte is Once. PASSED AND OPTE, 7_iy the Maw and Council of the Town of Fountain Hills, Arizona, Decemb_ r 17, 2 _ FOR = OWN U j HILL ATTESTED TO: Ginny Dickey, M Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney 4 0 N f6 (1) O 11.4 Clatilt 411. O -00 MtanO �+— c6 • 0 CD NI Q cn - z N aNI ks) 111.1 Ow- ) V) C 4 ,°0 > 0 1O N `_ � Co ET E 3 3 3 • :*-. '; w , !d .-gip " « _P. 1160, 4 �y� . .► f Q Y in • ! 1 " 6 •i r a i '--"-)Ift ♦ � � .i. s�•swr-rz `. av'� � r _•.4 ---w - If : ., . . mi. ,..,... ..,.. . .. _ , r .. . st . '' ''. .:. ' .:,-R4-izi's ', i'l i 4.iiiiiP:4,1 '.17 41Ikc --- ' • - ' '14 ' It g Or kr 1 "..-- 4 . , , ,,, ,.., ,,. ,,, ...,.. . _ 7 , ... t .. 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O -0 ca .> O O ca O • . cn pp a) s-0 C a- v, N a) U w 0- •V v) V V •._ , 4> > ° a "Co V ca- a) a- •— a) • --, = co 0_ 1(200 Clcoc a0 < c.0 < 4- co 03 <t L_ ,-I Ni rn fit' jNC.198, if -.16:\S.,_ , W )7e1C:4 u ip j I c -I, - 0SdO NM OS • +-° cn 2 o Crto r > co n,1 N W N -I--' a) rn 4- CU 4- C co O m co O "cu ° 0 V CA ,a)_i_J V) � C — D a-0 a) c W 4-ICU V - E 0 ,t, ,_ v v O C�0 L E ci. Q) co co .— L.- C6 C CL� co Q CO •D - cn °- (I) 's- a.)U C6 C6 = L CU cn ( ) 0 CAA N �O a) --' +�-� .O C co O au 03 4- D � auwa_ Uc a� �+-) o _C _ 0 V ! V) Co I— Li) -0 -{ CAI M d' Lfl INC.,989 - t,- 4t T\ i ;,.. N \ --- M I I 4- NMVy• .evzAIN yf Town of FOUNTAIN HILLS c, `' , Development Services Department x Planning & Zoning Division Mint thin is ktVI' PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on Thursday, November 14, 2019 at 6:00 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona, The Fountain Hills Planning & Zoning Commission will hold a PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow used vehicle sales for a portion of the property located at 11625 N. Saguaro Boulevard. Case #SU2019-02 NOTICE IS HEREBY GIVEN that on Tuesday, December 17, 2019 at 5:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountains, fir.. Fountain Hills, Arizona, The Fountain Hills Town Council will hold a PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow used vehicle sales for a portion of the property located at 11625 N. Saguaro Boulevard. Case #SU2019-02 A complete copy of the proposal is available for viewing in the Fountain Hills Planning&Zoning Office, 7:00 AM - 6:00 PM Monday through Thursday. For more information, contact Marissa Moore, AICP, Senior Planner, Town of Fountain Hills, 16705 E. Avenue of the Fountain, Fountain Hills, AZ 85268; or by calling 480-816-5122. All interested citizens are encouraged to attend. (Posted in the 10/30/2019 and 11/6/2019 editions of the Fountain Hills Times.) Low 16705 E.Avenue of the Fountains—Fountain Hills,Arizona 85268—(480)837-2003-Fax(480)837-3145 1 AIN 11j C TOWN OF FOUNTAIN HILLS Development Services Department o Planning & Zoning Division b that is AO'�� PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on Thursday, November 14, 2019 at 6:00 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona, the Fountain Hills Planning & Zoning Commission will hold a PUBLIC HEARING to receive comments on three (3) requested SPECIAL USE PERMITS to allow drive-in window facilities, operation of commercial activities between 11 pm and 7 am, and an outdoor seating area in the CC — Common Commercial zoning district at 17134 E Kingstree Blvd. Case #SU2019-05 NOTICE IS HEREBY GIVEN that on Tuesday, December 17 at 5:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona, the Fountain Hills Town Council will hold a PUBLIC HEARING to receive comments on three (3) requested SPECIAL USE PERMITS to allow drive-in window facilities, operation of commercial activities between 11 pm and 7 am, and an outdoor seating area in the CC — Common Commercial zoning district at 17134 E Kingstree Blvd. Case #SU2019-05 A complete copy of the proposal is available for viewing in the Fountain Hills Planning & Zoning Office, 7:00 AM - 6:00 PM Monday through Thursday. For more information, contact Marissa Moore, AICP, Senior Planner, Development Services, Town of Fountain Hills, 16705 E. Avenue of the Fountain, Fountain Hills, AZ 85268; or by calling 480-816-5139. All interested citizens are encouraged to attend. „'osted in the 10/30/2019 and 11/6/2019 editions of the Fountain Hills Times.) 16705 E.Avenue of the Fountains—Fountain Hills,Arizona 85268—(480)837-2003-Fax(480)837-3145 4st, o - ` e��, Town of FOUNTAIN HILLS o Development Services Department 3 Planning & Zoning Division -la- that is 01'' PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on Thursday, November 14, 2019 at 6:00 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, the Fountain Hills Planning and Zoning Commission will hold a PUBLIC HEARING receive comments on ORDINANCE 19-17, amending Chapter 7 of the Fountain Hills Zoning Ordinance by removing Sections 7.02 G., Storage and Parking of Commercial Vehicles in Residential Districts; H., Storage and Parking of Unoccupied, Non-commercial, Mobile Homes, Boats, Aircraft, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; I. 2., Occupied Mobile Homes, Motor Homes, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; and, J. Storage and Parking of Junk Automobiles and renumbering the remaining sections. ease #Z2019-07 NOTICE IS HEREBY GIVEN that on Tuesday, December 17, 2019 at 5:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, the Fountain Hills Town Council will hold a PUBLIC HEARING receive comments on ORDINANCE 19-17, amending Chapter 7 of the Fountain Hills Zoning Ordinance by removing Sections 7.02 G., Storage and Parking of Commercial Vehicles in Residential Districts; H., Storage and Parking of Unoccupied, Non-commercial, Mobile Homes, Boats, Aircraft, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; I. 2., Occupied Mobile Homes, Motor Homes, Truck Campers, Camping Trailers, Travel Trailers, and Other Trailers; and, J. Storage and Parking of Junk Automobiles and renumbering the remaining sections. Case #Z2019-07 A complete copy of the proposal is available for viewing in the Fountain Hills Planning & Zoning Office, 7:00 AM - 6:00 PM Monday through Thursday. For more information, contact John Wesley, AICP, Development Services; Development Services, Town of Fountain Hills, 16705 E. Avenue of the Fountain, Fountain Hills, AZ 85268; or by calling 480-816-5139. All interested citizens are encouraged to attend. Ic (Publish in 10/30/2019 and 11/06/2019 editions of the Fountain Hills Times) 16705 E.Avenue of the Fountains—Fountain Hills,Arizona 85268—(480)837-2003-Fax(480)837-3145