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HomeMy WebLinkAboutPZ.2019.1212.Agenda POST ACTION AGENDA °� �� NOTICE OF MEETING REGULAR MEETING 1/ PLANNING AND ZONING COMMISSION 14at is 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, DECEMBER 12, 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. I REGULAR MEETING 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE — Chairman Erik Hansen 6:00 PIN, 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 l 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 Ca/1 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 November 14, 2019. APPROVED 5. PUBLIC HEARING and CONSIDERATION OF a proposed SPECIAL USE PERMIT to allow an 11.25- foot tall golf ball fence to be installed at 9045 North Crimson Canyon located in the R1-8A Single-Family Residential Zoning District. Case SU2019-04 PUBLIC HEARING OPENED 6:01PM, CLOSED 6:08 PM 6. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. PUBLIC HEARING OPENED 6:10 PM, CLOSED 6:20 PF 7. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020.NO ACTION TAKEN 8. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. NONE 416.,. SUMMARY OF COMMISSION REQUESTS from Development Services Director. NONE 10. REPORT from Development Services Director. NONE 11. ADJOURNMENT, 6:40 PM 0 `, E 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(TOD)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. CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted at a.m. /p.m. in accordance with the statement filed by the Town Council with the Town Clerk. Dated this day of ,2019. fCLcJz ' 9 �OJ� AtN yt�s NOTICE OF MEETING REGULAR MEETING MEW ! . 0.0 PLANNING AND ZONING COMMISSION �1bat is my' 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, DECEMBER 12, 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 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 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 November 14, 2019. 5. PUBLIC HEARING and CONSIDERATION OF a proposed SPECIAL USE PERMIT to allow an 11.25- foot tall golf ball fence to be installed at 9045 North Crimson Canyon located in the R1-8A Single-Family Residential Zoning District. Case SU2019-04 6. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. �^,n ,� 7. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020. D6L. ? "" 8. COMMISSION DIS USSION/REQUEST FOR RESEARCH -o staff.ICJ �t-L..1J 64-6L) DO 9. SUMMARY OF COMMISSION REQUESTS from Development Services Director. oiyt 10. REPORT from Development Services Director. 1.e 11. ADJOURNMENT. (os. 40 e"Y1 -N 4(k)a ) Waii49 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. CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted at a.m. /p.m. in accordance with the statement filed by the Town Council with the Town Clerk. Dated this day of ,2019. t ol TOWN OF FOUNTAIN HILLS t:t X Planning and Zoning Board of Adjustment 16atisOW' AGENDA ACTION FORM Meeting Date: December 12,2019 Meeting Type: Regular Agenda Type: Regular Submitting Division: Development Services Staff Contact Information: John D.Wesley, Development Services Director,jwesleyno fh.az.gov,480-816-5138 REQUEST TO PLANNING & ZONING COMMISSION: CONSIDERATION OF APPROVING THE PLANNING &ZONING COMMISSION MEETING MINUTES DATED NOVEMBER 14, 2019. Applicant: N/A Applicant Contact Information: N/A Property 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. 4 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 November 4, 2019. Attachment(s): N/A Submitted by: Approved by: CaAtiid 0 04_ 12/4/2019 Jofin(D. WesCey 12/4/2019 Paula Woodward, Executive Assistant Date John D.Wesley, Development Services Director Date Aog Page 1 of 1 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 1 DRAFT TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION November 14, 2019 CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Erik Hansen Chairman Hansen called the meeting of November 14, 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, Mathew Boik, Dan Kovacevic and Scott Schlossberg. Commissioners Clayton Corey and Susan Dempster were absent. STAFF PRESENT: 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 October 10, 2019. Vice Chairman Gray MOVED to approve the minutes of the Planning and Zoning Commission dated October 10, 2019; Commissioner Boik SECONDED: passed unanimously. 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 Chairman Hansen opened the public hearing. Ms. Moore reviewed the application through a PowerPoint, which addressed: Request Application Location Map Vicinity Map PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 2 Site Plan Conditions upon approval Application Ms. Moore said that a special use permit is required for autos sales (display) under the existing canopy on this property. The property historically contained several different businesses. The property was once used as a service station with the gas pumps. The tanks for the service station are still in place. The current business is Fountain Hills Off-road, which sells and installs aftermarket jeep accessories. The business owners want to expand their business by offering used jeeps for sale. Staff is recommending approval with conditions that a decorative feature, such as largepottedplants, be used to block the drivewayalong the frontage road and that the g 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. Ms. Moore said the applicant was present should they have any questions. In response to Commissioner Schlossberg, business owner, Jerry Lind, said they do not plan to remove the gas pumps. Vice Chairman Gray asked what happens with the underground gas storage tanks. He expressed concern that they may be a hazard to the tenants and public. Ms. Moore said that the underground storage tanks are a known fact. The Town has been in contact with ADEQ but does not know the exact specifics.She understands that ADEQ sent a letter to the property owner specifying the tanks were not closed out. She said she is presenting this case tonight on behalf of John Wesley and did not have any further information. ® Chairman Hansen asked if the commission could make a recommendation to require the underground tanks be addressed as the ADEQ requested. Ms. Moore replied that she cannot offer legal advice and did not know if the Town Council could require that. In response to Vice Chairman Gray, Ms. Moore replied that the special use permit is tied to the land and not the lessee. In response to Commissioner Boik, Mr. Lind said that they were not repairing or servicing vehicles. The inventory would consist of 10-12 vehicles. 4 Mr. Lind said that the building has been an eyesore for a long time and they want to make the property aesthetically appealing. They have made some improvements and will continue to make additional improvements as recommended by staff. They do have to consider the ease of moving vehicles around as well as in and off the property. Vice Chairman Gray MOVED to recommend a conditional approval to the Town Council requesting a SPECIAL USE PERMIT to allow new and used automobile sales in the C-2 zoning district on a portion of the property located at 11625 N. Saguaro Boulevard, Case #SUP2019-02, including staff recommendations that a decorative feature such as large 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, also that staff provide the Town Council an updated status from ADEQ prior to their vote on the subject; Commissioner Schlossberg SECONDED: passed unanimously. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 3 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, as well as an outdoor seating area in the CC — Common Commercial zoning district at 17134 E Kingstree Blvd. Case#SU2019-05 Ms. Moore told the commission the applicant is requesting to postpone agenda item #6 to a future date. Vice Chairman Gray MOVED to postponed agenda #6 no later than January 9, 2020; Commissioner Schlossberg; SECONDED: passed unanimously. 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 Chairman Hansen opened the public hearing. Ms. Moore said that this is really cleaning up the ordinance. A Town Code revision was passed through in 2017. During that process, those sections should have been eliminated. There were many redundancies. Once one is changed then all need to be addressed. Vice Chairman Gray MOVED to forward a recommend for approval to the Town Council requesting, 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; Commissioner Boik SECONDED: passed unanimously. 8. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020. Ms. Moore said that there is a meeting on Wednesday, November 20, 2019 for Stakeholders at the Community Center beginning at 3:30 p.m. The General Plan 2020 Open House is at 6:00 p.m. Ms. Woodward said that the General Plan draft#4 is the most current draft. Draft#4 is available on the Town's website. She said she would send each commissioner draft#4 by email. 9. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. None 10. SUMMARY OF COMMISSION REQUESTS from Development Services Director. None 11. REPORT from Development Services Director. None PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 4 12. ADJOURNMENT. The Regular Meeting of the Fountain Hills Planning and Zoning Commission held November 14, 2019, adjourned at 6:30 p.m. Town of Fountain Hills Erik Hansen, Chairman ATTEST AND PREPARED BY: Paula Woodward, Executive Assistant 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 14th day of November 2019. I further certify that the meeting was duly called and that a quorum was present. DATED this 25th day of November 2019. Paula Woodward, Executive Assistant ��A�N , TOWN OF FOUNTAIN HILLS ADO t�cn X Planning and Zoning Board of Adjustment bat is m- AGENDA ACTION FORM Meeting Date: December 12, 2019 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner, mmoore(c�fh.az.gov, 480-816-5139 REQUEST TO PLANNING & ZONING COMMISSION: PUBLIC HEARING and CONSIDERATION of a request for a SPECIAL USE PERMIT to allow a 11.25-foot tall golf ball fence to be installed at 9045 North Crimson Canyon located in the R1-8A Single-Family Residential Zoning District. Case# SU2019-04 tApplicant and Property Owner: Michael and Debra Rahm Applicant Contact Information: 9045 N Crimson Canyon, Fountain Hills, AZ 85268 763-350-4874 Property Location: 9045 N Crimson Canyon (APN#217-30-827) Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance: Chapter 2, Section 2.02— Special Use Permits Chapter 5, Section 5.09 A.1 - Walls and Fences The site, Eagle Mountain Parcel 4 Lot 3, is 15,720 square feet (0.36 acres) and is located in an R1-8A zoning district. The properties adjacent to the site are: Northeast Eagle Mountain Golf Club— 12`h Fairway-Zoned R1-10A Northwest Single-Family Residential—Zoned R1-8A Southeast Single Family Residence - Zoned R1-8A Southwest Crimson Canyon ROW and Single Family Residence- Zoned R1-8A Staff Summary(background): Due to continued damage from wayward golf balls to the subject home, which abuts the 12`h fairway of the Eagle Mountain Golf Club, the property owner is seeking relief by installation of a golf ball fence to protect the home from further damage and prevent harm to humans. Per the applicant and property owner, the home has "approximately 400 golf balls" landing on their property, several causing property damage (see attached letter tik from the application dated July 19, 2019). The property owner has stated that he is concerned about the golf balls causing bodily harm while he and/or guests are in the rear yard pool and patio areas. The proposed fence is Page 1 of 3 comprised of six 9-foot tall steel tubes painted the same color is the exterior house walls, installed just inside of the rear property line(please refer to the attached site plan). These steel tubes with their buried footers serve as a support frame for steel cables that will run between each tube and the roof of the house, The point where they ‘44...- attach to the house is approximately 11.25 feet above grade. Black golf ball netting will be attached over top of the cables and along the back side of the frame. The property is located approximately 280 feet from the forward tee box (see attached aerial showing this measurement). Zoning Ordinance Section 5.09 A.1 lists the criteria for a Special Use Permit for a golf ball fence as follows,with staffs response in italics: a. "Golf ball fences may only be developed on lots that directly abut a golf course or driving range, however, they may not be developed within any front or street-side yard setback." The applicant's property abuts the golf course which is north of the property. The fence would not lie within the front yard setback on the property. (It is not a corner lot, so there is not "street-side yard setback) b. "Golf ball fences should only be developed within Six-Hundred(600) feet of the forward-most golf course tee box or driving range position. Golf course fences to protect against errant secondary golf shots may be approved due to unusual site or course layout circumstances." The proposed fence is approximately 280 feet from the forward-most golf course tee box. c. "Golf ball fences shall be set back from any abutting residential property at a distance not less than the height of the fence. Golf ball fences may be located nearer to such a property line with the prior written consent of the abutting residential property owner." The side yard setback in this zoning district is seven feet. The proposed golf ball fence is 11.25 feet high and is set back 27 feet from the eastern side property line and 32 feet from the western side property line. The support frame is propose to be about 1 foot inside the wrought iron fence located on the rear property line, and thus will enclose a large portion of the rear yard setback area. However, the rear property line abuts the golf course and not a residential property. d. "The maximum height of a golf ball fence shall not exceed twenty-five(25) feet." The proposed maximum height of the golf ball fence is 11.25 feet, which is the height where it connects to the house. The framing along the rear property line is 9 feet in height. e. "Pole color must blend in with background features as viewed from neighboring properties to minimize its visibility. Net color shall be black." The golf ball fence would be located behind the house, immediately adjacent to the 12`h fairway and the golf cart trail. There is some existing vegetation on both the subject and adjacent properties to each side and the applicant is proposing the poles match the color of the house walls. The netting is black. f. "Landscaping should be used where appropriate to obscure the poles from the neighboring properties." There is existing landscaping between this property and both property owners to each side that staff believes is Vbir sufficient for screening. The property immediately abuts the 12th green, and in fact the golf cart trail is within Page 2 of 3 about 10-feet from the subject property. The proposed support structures are to be installed about one foot inside the fence that runs on the rear property line. There is no room for vegetation to be planted between the proposed netting and supports and the rear property line. However, staff believes that the golf net will be not be visually unappealing(please see attached photo from the golf course looking at the rear of the subject property). Evaluation The cost to the homeowner will continue to grow if no fencing is allowed. In addition, the potential for bodily harm will remain without the fence. The proposed fence will provide significant protection to the applicant's home and inhabitants. The view for the two neighbors abutting the subject property will be minimal. The net will be visible from the golf course, but it will be behind the existing wrought iron fence and will not create significant visual impacts. Risk Analysis (options or alternatives with implications): Should the Planning & Zoning Commission agree that this fence is appropriate, it should forward a recommendation that the Town Council approve the golf ball fence as outlined in this report. Should the Planning & Zoning Commission decide that this fence is not appropriate, it should forward a recommendation that the Town Council deny the golf ball fence as outlined in this report. A recommendation for denial should include the reasons for the recommendation. Fiscal Impact(initial and ongoing costs; budget status): N/A Staff Recommendation(s): (1/4,,,,, Staff recommends that Planning& Zoning Commission forward a recommendation to Town Council to approve the Special Use Permit for the golf ball fence as outlined in this report. SUGGESTED MOTION: Move to FORWARD A RECOMMENDATION that the Town Council APPROVE the Special Use Permit to allow the installation of a golf ball fence at 9045 N Crimson Canyon. Attachment(s): Application Applicant's Narrative dated July 19, 2019 Proposed site plan(3 pages) Scaled aerial showing distance between closest tee box and proposed golf ball fence Photo of subject property Submitted by: Approved by: ' fr -9, Oat)/ Marisa Moore, AICP 12/04/2019 J,,hn Wesley, AICP 12/04/2019 s Senior Planner evelopment Services Director Page 3 of 3 NT A I N A.,r DO Not write in t is space- -official use only o J Filing Date 8 ► 1aN c , Accepted By Y• 1,0 nW0-0 Fee Accepted pAt tA CA, l 5u' ` NE:' Case Manager A,YIWA 1J&L' -hot i, Ne t• - i n 'Cousin of Fountain Hills LARINZEIC as ZONING DEPARTMENT - APPLIC 1 ©M LIAbandonment(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) /:4 Special Use Permit &Amendments Site Plan Review (vehides sales) I Temporary Use Permit(Median Fee, if applicable) Variance IL Other PROJECT P ANIE / NATURE OF PROXECT: %'F;e i c'�-1-I Inc ttc !zo.;,'-lit-(a)i."= IJ Tii LEGAL DESCRi PT€ON: Plat Name tr At, Matti/Ai r l Block Lot 3..---_ ---- PROPERTYADDRESS: t0LIc a (/1J&)t C-at4144JAt FO(.04;41•1 iii“,S .i __ SIB SS._PARCEL Sri E (1 czes) •5-0 ASSESSOR PARCEL MLWJ ER 4 NUN BE OF 19 Ears PROPOSED AM Th t CTS tiro EXISTING ZONING kt 1OC'Ji i:#L. PROIPOSEtD`O !ERIC AM ----___ A ii »at ry *i#M C ‘'Q ��r0 Day Phone 763 30— `4?S74 Mrs. I✓1ltfr � 1t� LyL, ►} � Ms. Address: 70 ili (:l �5 (1A64,'4' C.% 'i°rt, City: itiMstiiJitra,ttate: ii- Zip: \C 2 Email: ill rd i-ret tioi 6)91'Llet s 1 z GU:'2 OwnerMrs l44 iC-tt t'ti 2l— tt i) I f M4 Rfi 114"'9 Day Phone M IJ ICE-" ` 1, _ Ms. Address: _. d£ kJ t tt,��si t Batt City: FL�(t4�1 rAgj id/mite: /1- Zip: e 24s- if apFlicaffton is being submitted by someone other In=1ra t7ae o ynasr of the properiy under coesidera of,the section below rims-4-be completed SIGRIA1TU I F DINNER DATE I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Prini Subscribed and sworn before me this_ day of 20 -- 1111, My Commission Expires_ Notary Public NIUNIS # ,,{ APPLICATION ,LaOl' July 19, 2019 Town of Fountain Hills Planning and Zoning Department Protective Golf Netting Special Use Permit Application Narrative We seek a Special Use Permit to construct protective golf netting to safeguard the pool and barbeque area of our backyard from errant golf balls. The property is in the Eagle Mountain development at 9045 N Crimson Canyon (Parcel 4 Lot 3). The enclosed map shows that our lot abuts the 12th fairway of the Eagle Mountain Golf Club and is about 300' from the most forward tee box and about 450' from the middle tee box. Given this location, we have a serious safety issue. Since closure of the purchase in July 2017, approximately 400 golf balls have landed on our property (enough to fill three large orange Home Depot pails). One errant ball punctured the stucco on the south side of the house, others have left deep dents in stucco, protective window coverings, the grill, and a small refrigerator in the pool area. Many have hit and cracked clay tiles on the roof. Errant golf balls have caused significant damage, but more importantly they are a serious safety risk. Family members have had several near misses while swimming, sunning and grilling in our backyard during our short ownership. I fear someone will be seriously injured or even killed by an errant ball if we dare to enjoy our backyard during golfing hours. We seek a Special Use Permit just to protect our small backyard area. Golf Nets Unlimited, a subsidiary of Nets Unlimited, is a leading provider of netting solutions for golf courses, zoos and batting cages around the country. They have designed the enclosed netting plan that will protect our backyard from errant golf balls. The main feature of the design is a horizontal net that is anchored to a pergola near the back of the lot and runs to the roofline of the house. This design will protect only our small backyard. The enclosed site plan shows that our lot is 131' wide and 120' deep or 15,720 square feet (.36 acres). The proposed netting design is 54'x26' or 1 ,404 square feet and would cover just 9% of the lot area and protect the pool and barbeque area. The 54' width of the proposed netting design is roughly centered on the lot and spans slightly more than 40% of the back lot line facing the golf course. There is almost 40' of clearance from the neighboring lot lines to the north and south. The Design Review Committee of the Eagle Mountain HOA approved the plan on June 14, and the Eagle Mountain Golf Club approved the plan on June 20. We now just need a Special Use Permit or approval from The Town of Fountain Hills to proceed with the project. Thank you for your consideration, Michael and Debra Rahm M: 763 350-4874 Enclosure 1 —Map showing location of lot abutting the 12th fairway and distance from tee boxes Enclosure 2—Golf Nets Unlimited proposed netting plan Enclosure 3 —Site plan showing location of the netting ...m. , a arstmann l& 1 16-......“4 L'iliq0,X ,, , • . gil li 1 h Pliiiiiiiirl T4115A? - 't pihiMV „,12.1 V,.'4 Q . v • 70 .. . gefl.,,,,, id < Miqp0W > Qin!rqg 2 1 m.YRY,?'40 8 p4FL,s rn ,, z e,,,., r-r1 -0 rn , 70 . 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'''''''& '8? .:4 ,,,, ... , .'*-:' ''' :''''. ' ,‘ '''' ' 7' 3:-\V-- ., . ,.. . .„.„-„,.., 411, r .4.0r 1.‘,:.• '`' K - - ' i ''''. 4. ; , . -7 '''-41: 1 :.-",:::441t ;:---, ' A 4 .6* - ' ''- - ... -- ' A.--tv,:i. •. ...„,c,-,' -.:, i,„ - ...," -.'"."' 44 `* , ., :1 . . -• •• 40'. '-. '1.- , s 1 r - :Z,' 4 ' r• . . ,,, . .,...;11....,t;,-;,4.,4„....., . • .. , . ..., L Jim I. •. ...a: ..o. 0,.!:1'1 .,,.., r ' ''''' 414 View of rear yard of subject property from the golf cart trail r ',- - •-.: . .., - ,,„--, ,, 4•,-A.,‘ Wrought iron fence on rear , ...... ., .. .,.. . _ property line t . MN --;---'"1""" - ,. .,,,,-...*. .•.*:'"-,.„,,,, - Ali . '_ .• ----airmimi tr:r.tr—r, .„ 4 '''',4cr 1 '. ' ..i.,:''',,.:*-...;:,....-zi ..4 , f, .., '''• ., ,4.''' . „ ' ' . . ....,.... ' .. Existing structure . will be removed • . .. ' .- ' ' • 1.4t-- 7.:- -- - ' ,.,,, and new structure• ,. . . ' - *. will be located in • • - • Att.."' , . ., ....... i.o •;..""'P- -- . the same area • ......--- 1 I 'ft . ''frie.. ' 17411Celiago." AINye TOWN OF FOUNTAIN HILLS 44 go x X Planning and Zoning Board of Adjustment 91� ..ti_�r opp qat is 1011' AGENDA ACTION FORM Meeting Date: December 12, 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 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. Case #Z2019-08 Li CONSIDERATION of ORDINANCE 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. Case #Z2019-08 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 Property Location: N/A Related Ordinance, Policy or Guiding Principle: Town Code, Chapter 25 'i Staff Summary (background): Page 1 of 3 Amendment to Chapter 25 of the Zoning Ordinance Case#Z2019-08 In 2016 the Town amended the Zoning Ordinance to add Chapter 25, Entertainment Overlay District. The purpose of this district was to standardize the regulations related to noise throughout the town center area. The town center area is zoned C-2 and C-3. These zoning districts have differing noise allowances. The new libe overlay provided one set of rules for the entire area. In 2017 a decision was made to amend the Entertainment Overlay to also address the issue of residential uses in the town center area. There was a desire to facilitate residential uses, in a mixed use setting, within this area. The C-2 and C-3 zoning districts only allow residential uses with approval of a Special Use Permit. The 2017 amendment added Section 25.03 to the ordinance which allows for single- and multiple-family dwellings above the ground floor at a density up to eight units per acre. Over the last several months a couple of property owners in the town center area, within the Entertainment Overlay District area, have approached staff with conceptual plans for development that would have non- residential uses on the ground floor with residential above. In both cases the density of the residential use exceeded eight units per acre and, therefore, would not be allowed under the overlay district regulation. In both cases the proposed developments looked like they would be good additions to the Town Center. Therefore, staff agreed to look into a text amendment to allow for higher density uses in this area. One option was to simply raise the maximum number contained in the current ordinance. The challenge staff had with that option was dealing with potential parking impacts. While on the typical day there is excess parking in the Plat 208 area, this is not the case during special events. There is also a lot of unmet development potential throughout this area. Should several nearby properties develop or redevelop to the maximum extent allowed in the zoning ordinance, there could be areas where parking becomes an issue. Therefore, staff is proposing that if someone wants densitin excess of eight units per acre, they would apply for a Special Use Permit. This will give us the opportunity, through a public review process, to examine the site specific impacts of allowing a higher density residential use to ensure any impacts, such as with parking, are properly addressed. The draft ordinance is attached. It very simply adds one more section to Chapter 25 that allows for the Special Use Permit for densities over eight units per acre. Risk Analysis (options or alternatives with implications): Approval of the requested amendment will allow consideration of higher density residential development in a mixed-use building through the Special Use Permit process. 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): Staff recommends approval of the requested text amendment. SUGGESTED MOTION(S): Move to FORWARD A RECOMMENDATION to the Town Council to APPROVE Ordinance 20-01. Attachment(s): • AP 1. Draft Ordinance #20-01 Page 2 of 3 Amendment to Chapter 25 of the Zoning Ordinance Case#Z2019-08 Submitted by: lofin D. Wesley 12/12/2019 Development Services Director Date • Page 3 of 3 ORDINANCE NO. 20-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 25, ENTERTAINMENT OVERLAY DISTRICT, ADDING SECTION 25.04, USES PERMITED BY SPECIAL USE PERMIT. 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 25, Entertainment District Overlay, relating to the maximum density of single- and multi- residential land use; 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 November 27, 2019 and December 4, 2019 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on December 12, 2019 and by the Town Council on January 21, 2020. 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 25, (Entertainment Overlay District), is amended by addition Section 25.04 (Uses Subject to Special Use Permit), is hereby added as follows: SECTION 25.04 USES SUBJECT TO SPECIAL USE PERMIT A. SINGLE- OR MULTIPE-RESIDENTIAL DENSITIES IN EXCESS OF 8 DWELLING UNITS PER ACRE. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Now Arizona, FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Ar`nson, Town Attorney L x## J�TAINy1I ° �_ NOTICE OF MEETING � 9 x REGULAR MEETING Y ..F PLANNING AND ZONING COMMISSION fber,..,,_.r voo is 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, DECEMBER 12, 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 1116. 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 November 14, 2019. 5. PUBLIC HEARING and CONSIDERATION OF a proposed SPECIAL USE PERMIT to allow an 11.25- foot tall golf ball fence to be installed at 9045 North Crimson Canyon located in the R1-8A Single-Family Residential Zoning District. Case SU2019-04 6. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. 7. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020. 8. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 10. REPORT from Development Services Director. 11. ADJOURNMENT. 044 &O 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. CERTIFICATE OF POSTING OF NOTICE 3 0 The undersigned hereby certifies that a copy of the foregoing notice was duly posted at ' a.m.&in accordance with the statement filed// by the Town/ICllouncil with the Town Clerk. '1 Dated this day of I!u e'M ber ,2019. TOWN OF FOUNTAIN HILLS rCO��TAIN�1 IP 4100, X Planning and Zoning ° Board of Adjustment o* qat is At‘ti AGENDA ACTION FORM Meeting Date: December 12, 2019 Meeting Type: Regular Agenda Type: Regular Submitting Division: Development Services Staff Contact Information: John D.Wesley, Development Services Director,jwesley(c�fh.az.gov,480-816-5138 REQUEST TO PLANNING &ZONING COMMISSION: CONSIDERATION OF APPROVING THE PLANNING &ZONING COMMISSION MEETING MINUTES DATED NOVEMBER 14, 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 November 4, 2019. Attachment(s): N/A Submitted by: Approved by: Cub) V1J 404, 12/4/2019 John 1�. Westey 12/4/2019 Paula Woodward, Executive Assistant Date John D.Wesley, Development Services Director Date Page 1 of 1 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 1 DRAFT ,r,r TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION November 14, 2019 CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Erik Hansen Chairman Hansen called the meeting of November 14, 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, Mathew Boik, Dan Kovacevic and Scott Schlossberg. Commissioners Clayton Corey and Susan Dempster were absent. STAFF PRESENT: 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 October 10, 2019. Vice Chairman Gray MOVED to approve the minutes of the Planning and Zoning Commission dated October 10, 2019; Commissioner Boik SECONDED: passed unanimously. 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 I Chairman Hansen opened the public hearing. Ms. Moore reviewed the application through a PowerPoint, which addressed: Request Application Location Map Vicinity Map PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 2 Site Plan Conditions upon approval Application Ms. Moore said that a special use permit is required for autos sales(display) under the existing canopy on this property. The property historically contained several different businesses. The property was once used as a service station with the gas pumps. The tanks for the service station are still in place. The current business is Fountain Hills Off-road, which sells and installs aftermarket jeep accessories. The business owners want to expand their business by offering used jeeps for sale. Staff is recommending approval with conditions that a decorative feature, such as large 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. Ms. Moore said the applicant was present should they have any questions. In response to Commissioner Schlossberg, business owner, Jerry Lind, said they do not plan to remove the gas pumps. Vice Chairman Gray asked what happens with the underground gas storage tanks. He expressed concern that they may be a hazard to the tenants and public. Ms. Moore said that the underground storage tanks are a known fact. The Town has been in contact with ADEQ but does not know the exact specifics.She understands that ADEQ sent a letter to the property owner specifying the tanks were not closed out. She said she is presenting this case tonight on behalf of John Wesley and did not have any further information. ® Chairman Hansen asked if the commission could make a recommendation to require the underground tanks be addressed as the ADEQ requested. Ms. Moore replied that she cannot offer legal advice and did not know if the Town Council could require that. In response to Vice Chairman Gray, Ms. Moore replied that the special use permit is tied to the land and not the lessee. In response to Commissioner Boik, Mr. Lind said that they were not repairing or servicing vehicles. The inventory would consist of 10-12 vehicles. Mr. Lind said that the building has been an eyesore for a long time and they want to make the property aesthetically appealing. They have made some improvements and will continue to make additional improvements as recommended by staff. They do have to consider the ease of moving vehicles around as well as in and off the property. Vice Chairman Gray MOVED to recommend a conditional approval to the Town Council requesting a SPECIAL USE PERMIT to allow new and used automobile sales in the C-2 zoning district on a portion of the property located at 11625 N. Saguaro Boulevard, Case #SUP2019-02, including staff recommendations that a decorative feature such as large 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, also that staff provide the Town Council an updated status from ADEQ prior to their vote on the subject; Commissioner Schlossberg SECONDED: passed unanimously. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 3 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, as well as an outdoor seating area in the CC—Common Commercial zoning district at 17134 E Kingstree Blvd. Case#SU2019-05 Ms. Moore told the commission the applicant is requesting to postpone agenda item #6 to a future date. Vice Chairman Gray MOVED to postponed agenda #6 no later than January 9, 2020; Commissioner Schlossberg; SECONDED: passed unanimously. 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 Chairman Hansen opened the public hearing. Ms. Moore said that this is really cleaning up the ordinance. A Town Code revision was passed through in 2017. During that process, those sections should have been eliminated. There were many redundancies. Once one is changed then all need to be addressed. Vice Chairman Gray MOVED to forward a recommend for approval to the Town Council tor requesting, 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; Commissioner Boik SECONDED: passed unanimously. 8. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020. Ms. Moore said that there is a meeting on Wednesday, November 20, 2019 for Stakeholders at the Community Center beginning at 3:30 p.m. The General Plan 2020 Open House is at 6:00 p.m. Ms. Woodward said that the General Plan draft#4 is the most current draft. Draft#4 is available on the Town's website. She said she would send each commissioner draft#4 by email. 9. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. None 10. SUMMARY OF COMMISSION REQUESTS from Development Services Director. None 11. REPORT from Development Services Director. ,,. None PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 4 12. ADJOURNMENT. The Regular Meeting of the Fountain Hills Planning and Zoning Commission held November 14, 2019, adjourned at 6:30 p.m. Town of Fountain Hills Erik Hansen, Chairman ATTEST AND PREPARED BY: Paula Woodward, Executive Assistant 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 14th day of November 2019. I further certify that the meeting was duly called and that a quorum was present. DATED this 25th day of November 2019. Paula Woodward, Executive Assistant �OJ�TAIN�ltt� TOWN OF FOUNTAIN HILLS Plannin and Zoning n X 9 Board of Adjustment 4.„ is A tioo AGENDA ACTION FORM Meeting Date: December 12, 2019 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner, mmoore@fh.az.gov, 480-816-5139 REQUEST TO PLANNING & ZONING COMMISSION: PUBLIC HEARING and CONSIDERATION of a request for a SPECIAL USE PERMIT to allow a 11.25-foot tall golf ball fence to be installed at 9045 North Crimson Canyon located in the R1-8A Single-Family Residential Zoning District. Case# SU2019-04 pplicant and Property Owner: Michael and Debra Rahm Applicant Contact Information: 9045 N Crimson Canyon, Fountain Hills, AZ 85268 763-350-4874 Property Location: 9045 N Crimson Canyon (APN# 217-30-827) Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance: Chapter 2, Section 2.02— Special Use Permits Chapter 5, Section 5.09 A.1 - Walls and Fences The site, Eagle Mountain Parcel 4 Lot 3, is 15,720 square feet (0.36 acres) and is located in an R1-8A zoning district. The properties adjacent to the site are: Northeast Eagle Mountain Golf Club— 12th Fairway- Zoned RI-10A Northwest Single-Family Residential—Zoned R1-8A Southeast Single Family Residence - Zoned R1-8A Southwest Crimson Canyon ROW and Single Family Residence - Zoned R1-8A Staff Summary (background): Due to continued damage from wayward golf balls to the subject home, which abuts the 12th fairway of the Eagle Mountain Golf Club, the property owner is seeking relief by installation of a golf ball fence to protect the home from further damage and prevent harm to humans. Per the applicant and property owner, the home has "approximately 400 golf balls" landing on their property, several causing property damage (see attached letter rMm the application dated July 19, 2019). The property owner has stated that he is concerned about the golf balls causing bodily harm while he and/or guests are in the rear yard pool and patio areas. The proposed fence is Page 1 of 3 comprised of six 9-foot tall steel tubes painted the same color is the exterior house walls, installed just inside of the rear property line (please refer to the attached site plan). These steel tubes with their buried footers serve as a -upport frame for steel cables that will run between each tube and the roof of the house, The point where Cositttach to the house is approximately 11.25 feet above grade. Black golf ball netting will be attached over top of the cables and along the back side of the frame. The property is located approximately 280 feet from the forward tee box (see attached aerial showing this measurement). Zoning Ordinance Section 5.09 A.1 lists the criteria for a Special Use Permit for a golf ball fence as follows,with staffs response in italics: a. "Golf ball fences may only be developed on lots that directly abut a golf course or driving range,however, they may not be developed within any front or street-side yard setback." The applicant's property abuts the golf course which is north of the property. The fence would not lie within the front yard setback on the property. (It is not a corner lot, so there is not "street-side yard setback.) b. "Golf ball fences should only be developed within Six-Hundred(600) feet of the forward-most golf course tee box or driving range position. Golf course fences to protect against errant secondary golf shots may be approved due to unusual site or course layout circumstances." The proposed fence is approximately 280 feet from the forward-most golf course tee box. c. "Golf ball fences shall be set back from any abutting residential property at a distance not less than the height of the fence. Golf ball fences may be located nearer to such a property line with the prior written consent of the abutting residential property owner." The side yard setback in this zoning district is seven feet. The proposed golf ball fence is 11.25 feet high and is set back 27 feet from the eastern side property line and 32 feet from the western side property line. The support frame is propose to be about 1 foot inside the wrought iron fence located on the rear property line, and thus will enclose a large portion of the rear yard setback area. However, the rear property line abuts the golf course and not a residential property. d. "The maximum height of a golf ball fence shall not exceed twenty-five (25) feet." The proposed maximum height of the golf ball fence is 11.25 feet, which is the height where it connects to the house. The framing along the rear property line is 9 feet in height. e. "Pole color must blend in with background features as viewed from neighboring properties to minimize its visibility. Net color shall be black." The golf ball fence would be located behind the house, immediately adjacent to the 12th fairway and the golf cart trail. There is some existing vegetation on both the subject and adjacent properties to each side and the applicant is proposing the poles match the color of the house walls. The netting is black. f. "Landscaping should be used where appropriate to obscure the poles from the neighboring properties." 'here is existing landscaping between this property and both property owners to each side that staff believes is 'fficient for screening. The property immediately abuts the 12`" green, and in fact the golf cart trail is within Page 2 of 3 a about 10 feet from the subject property. The proposed support structures are to be installed about one foot inside the fence that runs on the rear property line. There is no room for vegetation to be planted between the proposed -,tting and supports and the rear property line. However, staff believes that the golf net will be not be visually nnappealing (please see attached photo from the golf course looking at the rear of the subject property). Evaluation The cost to the homeowner will continue to grow if no fencing is allowed. In addition, the potential for bodily harm will remain without the fence. The proposed fence will provide significant protection to the applicant's home and inhabitants. The view for the two neighbors abutting the subject property will be minimal. The net will be visible from the golf course, but it will be behind the existing wrought iron fence and will not create significant visual impacts. Risk Analysis (options or alternatives with implications): Should the Planning & Zoning Commission agree that this fence is appropriate, it should forward a recommendation that the Town Council approve the golf ball fence as outlined in this report. Should the Planning & Zoning Commission decide that this fence is not appropriate, it should forward a recommendation that the Town Council deny the golf ball fence as outlined in this report. A recommendation for denial should include the reasons for the recommendation. Fiscal Impact(initial and ongoing costs;budget status): N/A Staff Recommendation(s): sla,...aff recommends that Planning & Zoning Commission forward a recommendation to Town Council to approve the Special Use Permit for the golf ball fence as outlined in this report. SUGGESTED MOTION: Move to FORWARD A RECOMMENDATION that the Town Council APPROVE the Special Use Permit to allow the installation of a golf ball fence at 9045 N Crimson Canyon. Attachment(s): Application Applicant's Narrative dated July 19, 2019 Proposed site plan(3 pages) Scaled aerial showing distance between closest tee box and proposed golf ball fence Photo of subject property Submitted by: Approved by: Mari sa Moore, AICP 12/04/2019 hn Wesley, AICP 12/04/2019 Senior Planner I evelopment Services Director Page 3 of 3 �c �c 44N frj DO Not write in�s space—official use only o t v, Filing Date 8 ice)0 , Accepted By '• vJ a Fee Accepted p w Case Manager IR ah M illuoke. koizhA.. _-- 044. 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/All Waiver Development Agreement HPE Change or Abandonment Ordinance (Text Amendment) Preliminary/ Final Plat General Plan Amendment Planned Unit Development Replat(Lot joins, lot splits, lot line adjustments) Rezoning (Map) X. Special Use Permit&Amendments Site Plan Review (vehides sales) Temporary Use Permit(Median Fee,if applicable) Variance Other PROJECT NAME / NATURE OF PROJECT: PRz iG r,ik ffc:k!ms `i tit,4,413= 17£T'i' 2 ' EGAL DESCRIPTION: Plat Name E A-rtr Mow) Iti``i Block Lot 3 IIir ADDRESS: 9045 Al fikiryJ }.1) 01011,.L' FOit4';;ftV f1i“. S ci hs PARCEL SIZE (Acres) •'54 ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED /V4 TRACTS AR EXISTING ZONING KeS IOCFJ i R,1,- PROPOSED ZONING N! A IiMrs t i M i 7- /1-.00 7 r Q.1 Q DayPhone 3 3SZ)- �7 rj f�2 `0 � %. `f Mr. � FE�,�, � Zip: �r Ms. Address: 99O% i� C- /041,,J % L City: c� /t o')O/L tate: t 48' Email: 114 rd r r to i 61 l,vial I i C 6in Owner DayPhone 7 � `� 1`� F/ Mrs. /44 4-L fW') / M6 PA IV •FA /� Ms. Address:Mr. C IL) 6401604,1 Cikidbtii City: kiti4,lllirE l�t// te: k2 Zip: g-24 If application is being submitted by someone other than the owner of the property under consideration,the section below limit be completed. SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print 4 Subscribed and sworn before me this_ day of —_ __, 20glid My Commission Expires No4 tary Public MUNIS APPLICATION # ?0 July 19, 2019 ‘*`' Town of Fountain Hills Planning and Zoning Department Protective Golf Netting Special Use Permit Application Narrative We seek a Special Use Permit to construct protective golf netting to safeguard the pool and barbeque area of our backyard from errant golf balls. The property is in the Eagle Mountain development at 9045 N Crimson Canyon (Parcel 4 Lot 3). The enclosed map shows that our lot abuts the 12th fairway of the Eagle Mountain Golf Club and is about 300' from the most forward tee box and about 450' from the middle tee box. Given this location, we have a serious safety issue. Since closure of the purchase in July 2017, approximately 400 golf balls have landed on our property (enough to fill three large orange Home Depot pails). One errant ball punctured the stucco on the south side of the house, others have left deep dents in stucco, protective window coverings, the grill, and a small refrigerator in the pool area. Many have hit and cracked clay tiles on the roof. Errant golf balls have caused significant damage, but more importantly they are a serious safety risk. Family members have had several near misses while swimming, sunning and grilling in our backyard during our short ownership. I fear someone will be seriously injured or even killed by an errant ball if we dare to enjoy our backyard during golfing hours. We seek a Special Use Permit just to protect our small backyard area. Golf Nets Unlimited, a subsidiary of Nets Unlimited, is a leading provider of netting solutions for golf courses, zoos and batting cages around the country. They have designed the enclosed netting plan that will protect our backyard from errant golf balls. The main feature of the design is a horizontal net that is anchored to a pergola near the back of the lot and runs to the roofline of the house. This design will protect only our small backyard. The enclosed site plan shows that our lot is 131' wide and 120' deep or 15,720 square feet (.36 acres). The proposed netting design is 54'x26' or 1,404 square feet and would cover just 9% of the lot area and protect the pool and barbeque area. The 54' width of the proposed netting design is roughly centered on the lot and spans slightly more than 40% of the back lot line facing the golf course. There is almost 40' of clearance from the neighboring lot lines to the north and south. The Design Review Committee of the Eagle Mountain HOA approved the plan on June 14, and the Eagle Mountain Golf Club approved the plan on June 20. We now just need a Special Use Permit or approval from The Town of Fountain Hills to proceed with the project. Thank you for your consideration, Michael and Debra Rahm M: 763 350-4874 L Enclosure 1 —Map showing location of lot abutting the 12th fairway and distance from tee boxes Enclosure 2—Golf Nets Unlimited proposed netting plan Enclosure 3—Site plan showing location of the netting =z y:dd: B:6o Pi1 a t z, g $ '' $ g33 4 YYAaiit €F¢g a 3Y=n4�§ 4 2 4 £ b -u s 70 $ dos Q 8 €yg• p b8 v # v g A sI g €¢ tOx0 rn P T a s a a z € A z z O ° V `R 8As gill) (2) / 8g g. it F- / / / // \ €h y ... f/' ,/ / T� , • / _, „ ,/ \ ,.. ,c,,,, .. / c.P., ; , 4 Qua°�o`' /P% // . % Wari‘ „ ,,, / / / ,,/\\ / NV ik i, . • � � • r � 2 / • 41, . • 88 / 4 / / a �` / `\ / / �` /\ 8 i r / / \ . / ;// g cu b 4•// H N nl g AV K° g 1 'El Q 4 4 NEW GOLF BALL NET STRUCTURE FOR �� �'�� ,, � q MICHAEL AND DEBRA RAHM !�. �� 9045 NORTH CRIMSON CANYON b FOUNTAIN HILLS, ARIZONA 85268 : his 4 � t. y1 e 41' 22 ;N I$1 ALkt °F b $ " s F & y I €R10 pi.,, imunimmiliviiitziltzP.13,1 qg Nil _, ,/ 7> . 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'`+ 7 ry the same area 4,1AN4, TOWN OF FOUNTAIN HILLS Slow- 449 1, X Planning and Zoning Board of Adjustment tkatismkt AGENDA ACTION FORM Meeting Date: December 12, 2019 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: John D. Wesley, AICP, Development Services Director, 480-816- 5138, jwesley(c fh.az.gov REQUEST TO Planning & Zoning Commission: PUBLIC HEARING of ORDINANCE 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. Case #Z2019-08 .ONSIDERATION of ORDINANCE 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. Case #Z2019-08 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 Property Location: N/A Related Ordinance, Policy or Guiding Principle: Town Code, Chapter 25 Staff Summary (background): Page 1 of 3 Amendment to Chapter 25 of the Zoning Ordinance Case#Z2019-08 In 2016 the Town amended the Zoning Ordinance to add Chapter 25, Entertainment Overlay District. The purpose of this district was to standardize the regulations related to noise throughout the town center area. -he town center area is zoned C-2 and C-3. These zoning districts have differing noise allowances. The new �'*t5verlay provided one set of rules for the entire area. In 2017 a decision was made to amend the Entertainment Overlay to also address the issue of residential uses in the town center area. There was a desire to facilitate residential uses, in a mixed use setting, within this area. The C-2 and C-3 zoning districts only allow residential uses with approval of a Special Use Permit. The 2017 amendment added Section 25.03 to the ordinance which allows for single- and multiple-family dwellings above the ground floor at a density up to eight units per acre. Over the last several months a couple of property owners in the town center area, within the Entertainment Overlay District area, have approached staff with conceptual plans for development that would have non- residential uses on the ground floor with residential above. In both cases the density of the residential use exceeded eight units per acre and, therefore, would not be allowed under the overlay district regulation. In both cases the proposed developments looked like they would be good additions to the Town Center. Therefore, staff agreed to look into a text amendment to allow for higher density uses in this area. One option was to simply raise the maximum number contained in the current ordinance. The challenge staff had with that option was dealing with potential parking impacts. While on the typical day there is excess parking in the Plat 208 area, this is not the case during special events. There is also a lot of unmet development potential throughout this area. Should several nearby properties develop or redevelop to the maximum extent allowed in the zoning ordinance, there could be areas where parking becomes an issue. Therefore, staff is proposing that if someone wants density in excess of eight units per acre, they would apply Thr a Special Use Permit. This will give us the opportunity, through a public review process, to examine the site pecific impacts of allowing a higher density residential use to ensure any impacts, such as with parking, are properly addressed. The draft ordinance is attached. It very simply adds one more section to Chapter 25 that allows for the Special Use Permit for densities over eight units per acre. Risk Analysis (options or alternatives with implications): Approval of the requested amendment will allow consideration of higher density residential development in a mixed-use building through the Special Use Permit process. 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): Staff recommends approval of the requested text amendment. SUGGESTED MOTION(S): Move to FORWARD A RECOMMENDATION to the Town Council to APPROVE Ordinance 20-01. Attachment(s): 1. Draft Ordinance #20-01 Page 2 of 3 Amendment to Chapter 25 of the Zoning Ordinance Case#Z2019-08 Submitted by: gofin D. Wesley 12/12/2019 Development Services Director Date Lir Page 3 of 3 4 ORDINANCE NO. 20-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 25, ENTERTAINMENT OVERLAY DISTRICT, ADDING SECTION 25.04, USES PERMITED BY SPECIAL USE PERMIT. 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 25, Entertainment District Overlay, relating to the maximum density of single- and multi- residential land use; 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 November 27, 2019 and December 4, 2019 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on December 12, 2019 and by the Town Council on January 21, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The incorporated recitals above are herebyi orated as if fully set forth herein. � SECTION 2. The Zoning Ordinance, Chapter 25, (Entertainment Overlay District), is amended by addition Section 25.04 (Uses Subject to Special Use Permit), is hereby added as follows: SECTION 25.04 USES SUBJECT TO SPECIAL USE PERMIT A. SINGLE- OR MULTIPE-RESIDENTIAL DENSITIES IN EXCESS OF 8 DWELLING UNITS PER ACRE. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnen,Town Attorney ...m. , a arstmann l& 1 16-......“4 L'iliq0,X ,, , • . gil li 1 h Pliiiiiiiirl T4115A? - 't pihiMV „,12.1 V,.'4 Q . v • 70 .. . gefl.,,,,, id < Miqp0W > Qin!rqg 2 1 m.YRY,?'40 8 p4FL,s rn ,, z e,,,., r-r1 -0 rn , 70 . 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', ; NEW GOLF BALL NET STRUCTURE FOR MICHAEL AND DEBRA RAHM 9045 NORTH CRIMSON CANYON FOUNTAIN HILLS, ARIZONA .552G5 i AINye TOWN OF FOUNTAIN HILLS 44 go x X Planning and Zoning Board of Adjustment 91� ..ti_�r opp qat is 1011' AGENDA ACTION FORM Meeting Date: December 12, 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 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. Case #Z2019-08 Li CONSIDERATION of ORDINANCE 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. Case #Z2019-08 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 Property Location: N/A Related Ordinance, Policy or Guiding Principle: Town Code, Chapter 25 'i Staff Summary (background): Page 1 of 3 Amendment to Chapter 25 of the Zoning Ordinance Case#Z2019-08 In 2016 the Town amended the Zoning Ordinance to add Chapter 25, Entertainment Overlay District. The purpose of this district was to standardize the regulations related to noise throughout the town center area. The town center area is zoned C-2 and C-3. These zoning districts have differing noise allowances. The new libe overlay provided one set of rules for the entire area. In 2017 a decision was made to amend the Entertainment Overlay to also address the issue of residential uses in the town center area. There was a desire to facilitate residential uses, in a mixed use setting, within this area. The C-2 and C-3 zoning districts only allow residential uses with approval of a Special Use Permit. The 2017 amendment added Section 25.03 to the ordinance which allows for single- and multiple-family dwellings above the ground floor at a density up to eight units per acre. Over the last several months a couple of property owners in the town center area, within the Entertainment Overlay District area, have approached staff with conceptual plans for development that would have non- residential uses on the ground floor with residential above. In both cases the density of the residential use exceeded eight units per acre and, therefore, would not be allowed under the overlay district regulation. In both cases the proposed developments looked like they would be good additions to the Town Center. Therefore, staff agreed to look into a text amendment to allow for higher density uses in this area. One option was to simply raise the maximum number contained in the current ordinance. The challenge staff had with that option was dealing with potential parking impacts. While on the typical day there is excess parking in the Plat 208 area, this is not the case during special events. There is also a lot of unmet development potential throughout this area. Should several nearby properties develop or redevelop to the maximum extent allowed in the zoning ordinance, there could be areas where parking becomes an issue. Therefore, staff is proposing that if someone wants densitin excess of eight units per acre, they would apply for a Special Use Permit. This will give us the opportunity, through a public review process, to examine the site specific impacts of allowing a higher density residential use to ensure any impacts, such as with parking, are properly addressed. The draft ordinance is attached. It very simply adds one more section to Chapter 25 that allows for the Special Use Permit for densities over eight units per acre. Risk Analysis (options or alternatives with implications): Approval of the requested amendment will allow consideration of higher density residential development in a mixed-use building through the Special Use Permit process. 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): Staff recommends approval of the requested text amendment. SUGGESTED MOTION(S): Move to FORWARD A RECOMMENDATION to the Town Council to APPROVE Ordinance 20-01. Attachment(s): • AP 1. Draft Ordinance #20-01 Page 2 of 3 Amendment to Chapter 25 of the Zoning Ordinance Case#Z2019-08 Submitted by: lofin D. Wesley 12/12/2019 Development Services Director Date • Page 3 of 3 ORDINANCE NO. 20-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 25, ENTERTAINMENT OVERLAY DISTRICT, ADDING SECTION 25.04, USES PERMITED BY SPECIAL USE PERMIT. 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 25, Entertainment District Overlay, relating to the maximum density of single- and multi- residential land use; 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 November 27, 2019 and December 4, 2019 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on December 12, 2019 and by the Town Council on January 21, 2020. 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 25, (Entertainment Overlay District), is amended by addition Section 25.04 (Uses Subject to Special Use Permit), is hereby added as follows: SECTION 25.04 USES SUBJECT TO SPECIAL USE PERMIT A. SINGLE- OR MULTIPE-RESIDENTIAL DENSITIES IN EXCESS OF 8 DWELLING UNITS PER ACRE. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Now Arizona, FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Ar`nson, Town Attorney L x## J�TAINy1I ° �_ NOTICE OF MEETING � 9 x REGULAR MEETING Y ..F PLANNING AND ZONING COMMISSION fber,..,,_.r voo is 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, DECEMBER 12, 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 1116. 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 November 14, 2019. 5. PUBLIC HEARING and CONSIDERATION OF a proposed SPECIAL USE PERMIT to allow an 11.25- foot tall golf ball fence to be installed at 9045 North Crimson Canyon located in the R1-8A Single-Family Residential Zoning District. Case SU2019-04 6. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. 7. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020. 8. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 10. REPORT from Development Services Director. 11. ADJOURNMENT. 044 &O 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. CERTIFICATE OF POSTING OF NOTICE 3 0 The undersigned hereby certifies that a copy of the foregoing notice was duly posted at ' a.m.&in accordance with the statement filed// by the Town/ICllouncil with the Town Clerk. '1 Dated this day of I!u e'M ber ,2019. TOWN OF FOUNTAIN HILLS rCO��TAIN�1 IP 4100, X Planning and Zoning ° Board of Adjustment o* qat is At‘ti AGENDA ACTION FORM Meeting Date: December 12, 2019 Meeting Type: Regular Agenda Type: Regular Submitting Division: Development Services Staff Contact Information: John D.Wesley, Development Services Director,jwesley(c�fh.az.gov,480-816-5138 REQUEST TO PLANNING &ZONING COMMISSION: CONSIDERATION OF APPROVING THE PLANNING &ZONING COMMISSION MEETING MINUTES DATED NOVEMBER 14, 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 November 4, 2019. Attachment(s): N/A Submitted by: Approved by: Cub) V1J 404, 12/4/2019 John 1�. Westey 12/4/2019 Paula Woodward, Executive Assistant Date John D.Wesley, Development Services Director Date Page 1 of 1 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 1 DRAFT ,r,r TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION November 14, 2019 CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Erik Hansen Chairman Hansen called the meeting of November 14, 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, Mathew Boik, Dan Kovacevic and Scott Schlossberg. Commissioners Clayton Corey and Susan Dempster were absent. STAFF PRESENT: 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 October 10, 2019. Vice Chairman Gray MOVED to approve the minutes of the Planning and Zoning Commission dated October 10, 2019; Commissioner Boik SECONDED: passed unanimously. 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 I Chairman Hansen opened the public hearing. Ms. Moore reviewed the application through a PowerPoint, which addressed: Request Application Location Map Vicinity Map PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 2 Site Plan Conditions upon approval Application Ms. Moore said that a special use permit is required for autos sales(display) under the existing canopy on this property. The property historically contained several different businesses. The property was once used as a service station with the gas pumps. The tanks for the service station are still in place. The current business is Fountain Hills Off-road, which sells and installs aftermarket jeep accessories. The business owners want to expand their business by offering used jeeps for sale. Staff is recommending approval with conditions that a decorative feature, such as large 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. Ms. Moore said the applicant was present should they have any questions. In response to Commissioner Schlossberg, business owner, Jerry Lind, said they do not plan to remove the gas pumps. Vice Chairman Gray asked what happens with the underground gas storage tanks. He expressed concern that they may be a hazard to the tenants and public. Ms. Moore said that the underground storage tanks are a known fact. The Town has been in contact with ADEQ but does not know the exact specifics.She understands that ADEQ sent a letter to the property owner specifying the tanks were not closed out. She said she is presenting this case tonight on behalf of John Wesley and did not have any further information. ® Chairman Hansen asked if the commission could make a recommendation to require the underground tanks be addressed as the ADEQ requested. Ms. Moore replied that she cannot offer legal advice and did not know if the Town Council could require that. In response to Vice Chairman Gray, Ms. Moore replied that the special use permit is tied to the land and not the lessee. In response to Commissioner Boik, Mr. Lind said that they were not repairing or servicing vehicles. The inventory would consist of 10-12 vehicles. Mr. Lind said that the building has been an eyesore for a long time and they want to make the property aesthetically appealing. They have made some improvements and will continue to make additional improvements as recommended by staff. They do have to consider the ease of moving vehicles around as well as in and off the property. Vice Chairman Gray MOVED to recommend a conditional approval to the Town Council requesting a SPECIAL USE PERMIT to allow new and used automobile sales in the C-2 zoning district on a portion of the property located at 11625 N. Saguaro Boulevard, Case #SUP2019-02, including staff recommendations that a decorative feature such as large 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, also that staff provide the Town Council an updated status from ADEQ prior to their vote on the subject; Commissioner Schlossberg SECONDED: passed unanimously. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 3 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, as well as an outdoor seating area in the CC—Common Commercial zoning district at 17134 E Kingstree Blvd. Case#SU2019-05 Ms. Moore told the commission the applicant is requesting to postpone agenda item #6 to a future date. Vice Chairman Gray MOVED to postponed agenda #6 no later than January 9, 2020; Commissioner Schlossberg; SECONDED: passed unanimously. 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 Chairman Hansen opened the public hearing. Ms. Moore said that this is really cleaning up the ordinance. A Town Code revision was passed through in 2017. During that process, those sections should have been eliminated. There were many redundancies. Once one is changed then all need to be addressed. Vice Chairman Gray MOVED to forward a recommend for approval to the Town Council tor requesting, 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; Commissioner Boik SECONDED: passed unanimously. 8. REVIEW AND DISCUSSION of the draft Fountain Hills General Plan 2020. Ms. Moore said that there is a meeting on Wednesday, November 20, 2019 for Stakeholders at the Community Center beginning at 3:30 p.m. The General Plan 2020 Open House is at 6:00 p.m. Ms. Woodward said that the General Plan draft#4 is the most current draft. Draft#4 is available on the Town's website. She said she would send each commissioner draft#4 by email. 9. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. None 10. SUMMARY OF COMMISSION REQUESTS from Development Services Director. None 11. REPORT from Development Services Director. ,,. None PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES November 14,2019 PAGE 4 12. ADJOURNMENT. The Regular Meeting of the Fountain Hills Planning and Zoning Commission held November 14, 2019, adjourned at 6:30 p.m. Town of Fountain Hills Erik Hansen, Chairman ATTEST AND PREPARED BY: Paula Woodward, Executive Assistant 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 14th day of November 2019. I further certify that the meeting was duly called and that a quorum was present. DATED this 25th day of November 2019. Paula Woodward, Executive Assistant �OJ�TAIN�ltt� TOWN OF FOUNTAIN HILLS Plannin and Zoning n X 9 Board of Adjustment 4.„ is A tioo AGENDA ACTION FORM Meeting Date: December 12, 2019 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner, mmoore@fh.az.gov, 480-816-5139 REQUEST TO PLANNING & ZONING COMMISSION: PUBLIC HEARING and CONSIDERATION of a request for a SPECIAL USE PERMIT to allow a 11.25-foot tall golf ball fence to be installed at 9045 North Crimson Canyon located in the R1-8A Single-Family Residential Zoning District. Case# SU2019-04 pplicant and Property Owner: Michael and Debra Rahm Applicant Contact Information: 9045 N Crimson Canyon, Fountain Hills, AZ 85268 763-350-4874 Property Location: 9045 N Crimson Canyon (APN# 217-30-827) Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance: Chapter 2, Section 2.02— Special Use Permits Chapter 5, Section 5.09 A.1 - Walls and Fences The site, Eagle Mountain Parcel 4 Lot 3, is 15,720 square feet (0.36 acres) and is located in an R1-8A zoning district. The properties adjacent to the site are: Northeast Eagle Mountain Golf Club— 12th Fairway- Zoned RI-10A Northwest Single-Family Residential—Zoned R1-8A Southeast Single Family Residence - Zoned R1-8A Southwest Crimson Canyon ROW and Single Family Residence - Zoned R1-8A Staff Summary (background): Due to continued damage from wayward golf balls to the subject home, which abuts the 12th fairway of the Eagle Mountain Golf Club, the property owner is seeking relief by installation of a golf ball fence to protect the home from further damage and prevent harm to humans. Per the applicant and property owner, the home has "approximately 400 golf balls" landing on their property, several causing property damage (see attached letter rMm the application dated July 19, 2019). The property owner has stated that he is concerned about the golf balls causing bodily harm while he and/or guests are in the rear yard pool and patio areas. The proposed fence is Page 1 of 3 comprised of six 9-foot tall steel tubes painted the same color is the exterior house walls, installed just inside of the rear property line (please refer to the attached site plan). These steel tubes with their buried footers serve as a -upport frame for steel cables that will run between each tube and the roof of the house, The point where Cositttach to the house is approximately 11.25 feet above grade. Black golf ball netting will be attached over top of the cables and along the back side of the frame. The property is located approximately 280 feet from the forward tee box (see attached aerial showing this measurement). Zoning Ordinance Section 5.09 A.1 lists the criteria for a Special Use Permit for a golf ball fence as follows,with staffs response in italics: a. "Golf ball fences may only be developed on lots that directly abut a golf course or driving range,however, they may not be developed within any front or street-side yard setback." The applicant's property abuts the golf course which is north of the property. The fence would not lie within the front yard setback on the property. (It is not a corner lot, so there is not "street-side yard setback.) b. "Golf ball fences should only be developed within Six-Hundred(600) feet of the forward-most golf course tee box or driving range position. Golf course fences to protect against errant secondary golf shots may be approved due to unusual site or course layout circumstances." The proposed fence is approximately 280 feet from the forward-most golf course tee box. c. "Golf ball fences shall be set back from any abutting residential property at a distance not less than the height of the fence. Golf ball fences may be located nearer to such a property line with the prior written consent of the abutting residential property owner." The side yard setback in this zoning district is seven feet. The proposed golf ball fence is 11.25 feet high and is set back 27 feet from the eastern side property line and 32 feet from the western side property line. The support frame is propose to be about 1 foot inside the wrought iron fence located on the rear property line, and thus will enclose a large portion of the rear yard setback area. However, the rear property line abuts the golf course and not a residential property. d. "The maximum height of a golf ball fence shall not exceed twenty-five (25) feet." The proposed maximum height of the golf ball fence is 11.25 feet, which is the height where it connects to the house. The framing along the rear property line is 9 feet in height. e. "Pole color must blend in with background features as viewed from neighboring properties to minimize its visibility. Net color shall be black." The golf ball fence would be located behind the house, immediately adjacent to the 12th fairway and the golf cart trail. There is some existing vegetation on both the subject and adjacent properties to each side and the applicant is proposing the poles match the color of the house walls. The netting is black. f. "Landscaping should be used where appropriate to obscure the poles from the neighboring properties." 'here is existing landscaping between this property and both property owners to each side that staff believes is 'fficient for screening. The property immediately abuts the 12`" green, and in fact the golf cart trail is within Page 2 of 3 a about 10 feet from the subject property. The proposed support structures are to be installed about one foot inside the fence that runs on the rear property line. There is no room for vegetation to be planted between the proposed -,tting and supports and the rear property line. However, staff believes that the golf net will be not be visually nnappealing (please see attached photo from the golf course looking at the rear of the subject property). Evaluation The cost to the homeowner will continue to grow if no fencing is allowed. In addition, the potential for bodily harm will remain without the fence. The proposed fence will provide significant protection to the applicant's home and inhabitants. The view for the two neighbors abutting the subject property will be minimal. The net will be visible from the golf course, but it will be behind the existing wrought iron fence and will not create significant visual impacts. Risk Analysis (options or alternatives with implications): Should the Planning & Zoning Commission agree that this fence is appropriate, it should forward a recommendation that the Town Council approve the golf ball fence as outlined in this report. Should the Planning & Zoning Commission decide that this fence is not appropriate, it should forward a recommendation that the Town Council deny the golf ball fence as outlined in this report. A recommendation for denial should include the reasons for the recommendation. Fiscal Impact(initial and ongoing costs;budget status): N/A Staff Recommendation(s): sla,...aff recommends that Planning & Zoning Commission forward a recommendation to Town Council to approve the Special Use Permit for the golf ball fence as outlined in this report. SUGGESTED MOTION: Move to FORWARD A RECOMMENDATION that the Town Council APPROVE the Special Use Permit to allow the installation of a golf ball fence at 9045 N Crimson Canyon. Attachment(s): Application Applicant's Narrative dated July 19, 2019 Proposed site plan(3 pages) Scaled aerial showing distance between closest tee box and proposed golf ball fence Photo of subject property Submitted by: Approved by: Mari sa Moore, AICP 12/04/2019 hn Wesley, AICP 12/04/2019 Senior Planner I evelopment Services Director Page 3 of 3 �c �c 44N frj DO Not write in�s space—official use only o t v, Filing Date 8 ice)0 , Accepted By '• vJ a Fee Accepted p w Case Manager IR ah M illuoke. koizhA.. _-- 044. 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/All Waiver Development Agreement HPE Change or Abandonment Ordinance (Text Amendment) Preliminary/ Final Plat General Plan Amendment Planned Unit Development Replat(Lot joins, lot splits, lot line adjustments) Rezoning (Map) X. Special Use Permit&Amendments Site Plan Review (vehides sales) Temporary Use Permit(Median Fee,if applicable) Variance Other PROJECT NAME / NATURE OF PROJECT: PRz iG r,ik ffc:k!ms `i tit,4,413= 17£T'i' 2 ' EGAL DESCRIPTION: Plat Name E A-rtr Mow) Iti``i Block Lot 3 IIir ADDRESS: 9045 Al fikiryJ }.1) 01011,.L' FOit4';;ftV f1i“. S ci hs PARCEL SIZE (Acres) •'54 ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED /V4 TRACTS AR EXISTING ZONING KeS IOCFJ i R,1,- PROPOSED ZONING N! A IiMrs t i M i 7- /1-.00 7 r Q.1 Q DayPhone 3 3SZ)- �7 rj f�2 `0 � %. `f Mr. � FE�,�, � Zip: �r Ms. Address: 99O% i� C- /041,,J % L City: c� /t o')O/L tate: t 48' Email: 114 rd r r to i 61 l,vial I i C 6in Owner DayPhone 7 � `� 1`� F/ Mrs. /44 4-L fW') / M6 PA IV •FA /� Ms. Address:Mr. C IL) 6401604,1 Cikidbtii City: kiti4,lllirE l�t// te: k2 Zip: g-24 If application is being submitted by someone other than the owner of the property under consideration,the section below limit be completed. SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print 4 Subscribed and sworn before me this_ day of —_ __, 20glid My Commission Expires No4 tary Public MUNIS APPLICATION # ?0 July 19, 2019 ‘*`' Town of Fountain Hills Planning and Zoning Department Protective Golf Netting Special Use Permit Application Narrative We seek a Special Use Permit to construct protective golf netting to safeguard the pool and barbeque area of our backyard from errant golf balls. The property is in the Eagle Mountain development at 9045 N Crimson Canyon (Parcel 4 Lot 3). The enclosed map shows that our lot abuts the 12th fairway of the Eagle Mountain Golf Club and is about 300' from the most forward tee box and about 450' from the middle tee box. Given this location, we have a serious safety issue. Since closure of the purchase in July 2017, approximately 400 golf balls have landed on our property (enough to fill three large orange Home Depot pails). One errant ball punctured the stucco on the south side of the house, others have left deep dents in stucco, protective window coverings, the grill, and a small refrigerator in the pool area. Many have hit and cracked clay tiles on the roof. Errant golf balls have caused significant damage, but more importantly they are a serious safety risk. Family members have had several near misses while swimming, sunning and grilling in our backyard during our short ownership. I fear someone will be seriously injured or even killed by an errant ball if we dare to enjoy our backyard during golfing hours. We seek a Special Use Permit just to protect our small backyard area. Golf Nets Unlimited, a subsidiary of Nets Unlimited, is a leading provider of netting solutions for golf courses, zoos and batting cages around the country. They have designed the enclosed netting plan that will protect our backyard from errant golf balls. The main feature of the design is a horizontal net that is anchored to a pergola near the back of the lot and runs to the roofline of the house. This design will protect only our small backyard. The enclosed site plan shows that our lot is 131' wide and 120' deep or 15,720 square feet (.36 acres). The proposed netting design is 54'x26' or 1,404 square feet and would cover just 9% of the lot area and protect the pool and barbeque area. The 54' width of the proposed netting design is roughly centered on the lot and spans slightly more than 40% of the back lot line facing the golf course. There is almost 40' of clearance from the neighboring lot lines to the north and south. The Design Review Committee of the Eagle Mountain HOA approved the plan on June 14, and the Eagle Mountain Golf Club approved the plan on June 20. We now just need a Special Use Permit or approval from The Town of Fountain Hills to proceed with the project. Thank you for your consideration, Michael and Debra Rahm M: 763 350-4874 L Enclosure 1 —Map showing location of lot abutting the 12th fairway and distance from tee boxes Enclosure 2—Golf Nets Unlimited proposed netting plan Enclosure 3—Site plan showing location of the netting =z y:dd: B:6o Pi1 a t z, g $ '' $ g33 4 YYAaiit €F¢g a 3Y=n4�§ 4 2 4 £ b -u s 70 $ dos Q 8 €yg• p b8 v # v g A sI g €¢ tOx0 rn P T a s a a z € A z z O ° V `R 8As gill) (2) / 8g g. it F- / / / // \ €h y ... f/' ,/ / T� , • / _, „ ,/ \ ,.. ,c,,,, .. / c.P., ; , 4 Qua°�o`' /P% // . % Wari‘ „ ,,, / / / ,,/\\ / NV ik i, . • � � • r � 2 / • 41, . • 88 / 4 / / a �` / `\ / / �` /\ 8 i r / / \ . / ;// g cu b 4•// H N nl g AV K° g 1 'El Q 4 4 NEW GOLF BALL NET STRUCTURE FOR �� �'�� ,, � q MICHAEL AND DEBRA RAHM !�. �� 9045 NORTH CRIMSON CANYON b FOUNTAIN HILLS, ARIZONA 85268 : his 4 � t. y1 e 41' 22 ;N I$1 ALkt °F b $ " s F & y I €R10 pi.,, imunimmiliviiitziltzP.13,1 qg Nil _, ,/ 7> . 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'`+ 7 ry the same area 4,1AN4, TOWN OF FOUNTAIN HILLS Slow- 449 1, X Planning and Zoning Board of Adjustment tkatismkt AGENDA ACTION FORM Meeting Date: December 12, 2019 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: John D. Wesley, AICP, Development Services Director, 480-816- 5138, jwesley(c fh.az.gov REQUEST TO Planning & Zoning Commission: PUBLIC HEARING of ORDINANCE 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. Case #Z2019-08 .ONSIDERATION of ORDINANCE 20-01 Amending Chapter 25, Entertainment District Overlay, creating Section 25.04, Uses Permitted by Special Use Permit, to allow consideration of residential densities in excess of eight (8) units per acre. Case #Z2019-08 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 Property Location: N/A Related Ordinance, Policy or Guiding Principle: Town Code, Chapter 25 Staff Summary (background): Page 1 of 3 Amendment to Chapter 25 of the Zoning Ordinance Case#Z2019-08 In 2016 the Town amended the Zoning Ordinance to add Chapter 25, Entertainment Overlay District. The purpose of this district was to standardize the regulations related to noise throughout the town center area. -he town center area is zoned C-2 and C-3. These zoning districts have differing noise allowances. The new �'*t5verlay provided one set of rules for the entire area. In 2017 a decision was made to amend the Entertainment Overlay to also address the issue of residential uses in the town center area. There was a desire to facilitate residential uses, in a mixed use setting, within this area. The C-2 and C-3 zoning districts only allow residential uses with approval of a Special Use Permit. The 2017 amendment added Section 25.03 to the ordinance which allows for single- and multiple-family dwellings above the ground floor at a density up to eight units per acre. Over the last several months a couple of property owners in the town center area, within the Entertainment Overlay District area, have approached staff with conceptual plans for development that would have non- residential uses on the ground floor with residential above. In both cases the density of the residential use exceeded eight units per acre and, therefore, would not be allowed under the overlay district regulation. In both cases the proposed developments looked like they would be good additions to the Town Center. Therefore, staff agreed to look into a text amendment to allow for higher density uses in this area. One option was to simply raise the maximum number contained in the current ordinance. The challenge staff had with that option was dealing with potential parking impacts. While on the typical day there is excess parking in the Plat 208 area, this is not the case during special events. There is also a lot of unmet development potential throughout this area. Should several nearby properties develop or redevelop to the maximum extent allowed in the zoning ordinance, there could be areas where parking becomes an issue. Therefore, staff is proposing that if someone wants density in excess of eight units per acre, they would apply Thr a Special Use Permit. This will give us the opportunity, through a public review process, to examine the site pecific impacts of allowing a higher density residential use to ensure any impacts, such as with parking, are properly addressed. The draft ordinance is attached. It very simply adds one more section to Chapter 25 that allows for the Special Use Permit for densities over eight units per acre. Risk Analysis (options or alternatives with implications): Approval of the requested amendment will allow consideration of higher density residential development in a mixed-use building through the Special Use Permit process. 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): Staff recommends approval of the requested text amendment. SUGGESTED MOTION(S): Move to FORWARD A RECOMMENDATION to the Town Council to APPROVE Ordinance 20-01. Attachment(s): 1. Draft Ordinance #20-01 Page 2 of 3 Amendment to Chapter 25 of the Zoning Ordinance Case#Z2019-08 Submitted by: gofin D. Wesley 12/12/2019 Development Services Director Date Lir Page 3 of 3 4 ORDINANCE NO. 20-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 25, ENTERTAINMENT OVERLAY DISTRICT, ADDING SECTION 25.04, USES PERMITED BY SPECIAL USE PERMIT. 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 25, Entertainment District Overlay, relating to the maximum density of single- and multi- residential land use; 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 November 27, 2019 and December 4, 2019 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on December 12, 2019 and by the Town Council on January 21, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The incorporated recitals above are herebyi orated as if fully set forth herein. � SECTION 2. The Zoning Ordinance, Chapter 25, (Entertainment Overlay District), is amended by addition Section 25.04 (Uses Subject to Special Use Permit), is hereby added as follows: SECTION 25.04 USES SUBJECT TO SPECIAL USE PERMIT A. SINGLE- OR MULTIPE-RESIDENTIAL DENSITIES IN EXCESS OF 8 DWELLING UNITS PER ACRE. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnen,Town Attorney