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HomeMy WebLinkAboutPZ.2018.0913.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE C;) PLANNING& ZONING COMMISSION September 13,2018 Vice-Chairman Dempster opened the meeting at 6:00 p.m. ROLL CALL: The following Commissioners were present: Vice-Chairman Susan Dempster. Commissioners: Mathew Boik, Eric Hansen, Christopher Jones and Scott Schlossberg. N'Marie Crumbie was excused. Also in attendance were Bob Rodgers, Development Services Director,Marissa Moore, Senior Planner and Paula Woodward,Executive Assistant and Recorder of the minutes. Vice-Chairman Dempster requested participation in the Pledge of Allegiance and a moment of silent reflection. CALL TO THE PUBLIC Vice-Chairman Dempster asked if there were any requests to speak and the Recorder Paula Woodward answered there were none. AGENDA ITEM# 1—ELECTION OF PLANNING AND ZONING COMMISSION OFFICERS. Mr.Rodgers asked for nominations for Chairman.Commissioner Boik made a MOTION to nominate Scott Schlossberg and Commissioner Hansen SECONDED. Commissioner Schlossberg accepted the nomination. Mr. Rodgers asked if there were any other nominations. Commissioner Hansen made a MOTION to nominate Susan Dempster and Commissioner Schlossberg SECONDED.Vice-Chairman Dempster accepted the nomination.No other nominations were made. Mr.Rodgers called for a vote for Scott Schlossberg as Chairman which resulted in one vote in favor. Mr. Rodgers called for a vote for Susan Dempster as Chairman which resulted in four votes in favor. Mr. Rodgers announced Susan Dempster as the Chairman. Chairman Dempster asked for nominations for Vice-Chairman. Chairman Dempster made a MOTION to nominate Eric Hansen and Commissioner Schlossberg SECONDED and the motion passed,5-0,by those present. AGENDA ITEM # 2 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING COMMISSION MEETING MINUTES DATED MAY 24,2018. Vice-Chairman Hansen MOVED to APPROVE the meeting minutes dated Thursday, May 24, 2018 as written. Commissioner Schlossberg SECONDED and the MOTION CARRIED UNANIMOUSLY 5/0. AGENDA ITEM#3 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 18-11, A PROPOSED TEXT AMENDMENT TO SECTION 1.12, SECTION 5.10.A, SECTION 5.10.B, SECTION 10.09, AND THE ADDITION OF SECTION 5.10.0 IN THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE TO PROVIDE DEVELOPMENT STANDARDS FOR UTILIZING CANTILEVERS ON SINGLE-FAMILY RESIDENTIAL LOTS OR PARCELS WITH SLOPES EQUAL TO OR GREATER THAN 30%. (CASE#Z2018-03) Chairman Dempster opened the public hearing at 6:06 p.m. Marissa Moore, Senior Planner, reviewed information contained in a staff report and PowerPoint presentation(Copy is on file in the Development Services Department).Ms.Moore explained a request had Page 1 of 7 been received to revisit the Canyon Side Ordinance that was adopted last year. The ordinance currently allows single-family development of steep lots that are greater than 30% grade, to reduce the front yard setback to ten feet. The purpose of amending the ordinance is to include cantilever design criteria. This would allow construction options. Currently the Zoning and Subdivision Ordinance allow structures to sit close to the hillside and terrace down only. The amendment would allow creative ways to develop on steep slopes while maintaining aesthetics of Fountain Hills. Staff conducted research looking to other municipalities for guidance. Ms. Moore told the Commission she wanted their input since aesthetics preservation is important especially to Fountain Hills,Ms.Moore displayed photos of different architectural cantilever styles,building materials,and vegetation.Based on staff research the proposed ordinance would allow for a 10-foot front yard setback with a maximum height above curb of twelve feet, a maximum building wall plane of twenty-four feet and a maximum overall building height from the top of the building to the lowest most point of forty-eight feet. Ms. Moore noted that the distance between the underside of the building and the finished grade would not exceed twenty-four feet at any point.The idea of the building height being equal to the space below the cantilevers was also mentioned. Concerns about exposed equipment or utilities would be addressed by proposed landscaping to screen the underside of the building and reduce visibility into these areas. Ms.Moore provided a map created by the Maricopa Association of Government. The map was created to show the location of properties where the slope was greater than thirty percent. The percent of qualifying lots in Fountain Hills would be around twenty percent. Most of the lots are within Firerock County Club, Crestview, Eagles Nest and along Sycamore and Greystone Drives. Adero Canyon would qualify but it they do not have any current plans for this type of build. In conclusion, Ms. Moore said there is no Town ordinance for residential design review. However, most of the qualifying lots lie within Home Owners Associations that have design review. Ms.Moore said that this would be presented to the Town Council at their October 2'meeting. She welcomed the Commissioner's comments and questions. 1111 Vice-Chairman Hansen asked if the ordinance applied to other than single family residences such as duplexes?How was it decided that the slope is thirty percent? Ms. Moore said it only applies to single family. Last year it was decided on thirty percent because it was easy to work with and there already are regulations in place that have hillside protection at twenty percent. Engineering had input as well. Commissioner Boik asked what were the reasons other municipalities did not allow the cantilever concept? How many homes in Fountain Hills exist below the grade of these lots?And would safety be an issue? If a cantilever failed,who would be liable? Ms. Moore replied the two main reasons for not allowing cantilever were aesthetics and difficulties with engineering,especially structures below the cantilevers.The amount of homes below the grade is unknown. The building of the home would go through the Building Safety Department who ensures the plans and inspections comply with building codes. The onus is on the property owner,not the Town. Commissioner Schlossberg asked who ultimately reviews the architecture in regards to design. Ms. Moore said the Town does not perform design review on single story family houses. The Home Owner's Associations or NPOA have their own design review. There are parts of Town that are not included in an HOA. The staff in house performs building permit review. Staff checks for compliance in zoning, building safety, engineering, fire safety and the sewer district standards. The Town ensures these areas are in compliance with our code.The Town ordinance does not include design review. Commissioner Jones expressed concerns regarding the twenty-four-foot wall plane. He would like to see more of a step back condition.He suggested a stipulation of one story. Page 2 of 7 Ms. Moore displayed the houses used for research relating to wall heights and said these were "guesstimates"because the actual plans were not available. Commissioner Jones asked how would the Town create a design review as part of the building process? Ms. Moore replied, with one planner it would be difficult to cover design review. Other cities and towns such as Paradise Valley and Scottsdale have design review committees. Commissioner Jones commented that having a Design Review Board is a great idea. He suggested the Planning and Zoning Commission could be tasked with design review.This could elevate the architectural aesthetics of Fountain Hills but needs to be done carefully. Mr. Rodgers said that the Planning and Zoning Commission already reviews design for commercial properties if they don't comply with all of the base ordinances. If the Commission was to review residential design it would require them to meet more frequently which is not realistic. Those with review qualifications,alone,would be few and hard to come by. Staff are not architects,nor are Commissioners. Commissioner Jones asked what would prevent a Greek Revival building on a custom lot? Ms. Moore said as long as you meet the zoning and building code requirements nothing is stopping you unless the property is located in a Home Owners Association.The HOA could govern whether or not it was allowable. Commissioner Schlossberg asked if a stipulation could be added for design of a cantilever. Mr. Rodgers said the ordinance as it is written now treats every single family house the same. The rule needs to be consistent and treat everyone equally. Chairman Dempster commented that the NPOA does have a design review for new builds. However,they do not have any cantilever restrictions. In response to Vice-Chairman Hansen, Ms. Moore said that in researching there was only one area in Arkansas that clusters of cantilever were prevalent. The cantilever build was encouraged because of environmental restrictions. Commissioner Boik asked if an existing home can build or add on to become a cantilever? Ms. Moore said an existing home could become a cantilever if it meets the base criteria; downhill slope from the road and the average grade under the footprint of the house is 30%or more. Chairman Dempster asked for speaker cards and Recorder Paula Woodward answered there is one speaker card,Dennis Brown. Mr.Brown introduced himself to the Commission as a general contractor with over twenty plus years in the business. He said he served on the Planning and Zoning Commission for eight years and Town Council going on ten years. He stated he would like to review the staff summary and the history of the proposal that is before the Planning and Zoning Commission this evening. Mr. Brown provided the Commission with a handout of a proposed new build project. Mr.Brown stated he has built in just about every sub- division in Fountain Hills and been through every design review there is in Fountain Hills. He said he clearly understands the concern of aesthetics and bringing something new to Town and wanting more control over it.He said he sees this as a problem to Fountain Hills. He agreed there is probably a resolution r but he confided he didn't have that this evening. Page 3 of 7 Mr. Brown pointed out that the first photo shown in Ms. Moore's presentation was a poor representation and would never be built in Fountain Hills. He appreciated that staff looked to other municipalities for direction and guidance when creating this ordinance. He said he has built in seven states and knows from experience that Fountain Hills is the most unique community to build. The challenges are the clay, slate,rock and the steep hillsides.The house provided on the handout is not sitting on a thirty percent slope but a forty-five percent slope. On a forty-five percent slope it is not possible to walk down or build enough retaining walls. The lot is non buildable per all the ordinances set forth in Fountain Hills. That is a major concern. Two years ago a Fountain Hills general contractor,Joey Fontaine,approached Mr. Brown with a solution to the non-buildable lots.Mr. Fontaine suggested the use of cantilever homes.This would do away with the layers and layers of retaining walls. Mr. Brown said having a non-buildable lot, and taking into consideration what is available, he felt obligated to take it through the process to see what could be done.A good portion of the steep sloping lots were purchased under the county ordinances which were not as heavy handed as the current Fountain Hills ordinances. Due to the hillside protection ordinance and the maximum slope on driveway requirements along with other restrictive Fountain Hills ordinances,they have made a lot of these steep lots non-buildable. In July 2016, Mr. Fontaine brought to Mr.Brown's attention a reasonable solution to non-buildable lots hence the cantilever house solution. The original ordinance was passed sometime last year. The ordinance that was passed was not the ordinance he originally viewed.Mr.Brown said he would not have voted in favor of the ordinance had he known it was changed. The ordinance is no different than what we already have in place, what we already allow. This does not work. It doesn't work to the point that Firerock has totally rewritten their architectural review requirements because during the depression the two story homes were the first to go into foreclosures. The homes with steps were not selling.Firerock made a full study of this and rewrote their regulations on houses. They are requiring single story flat houses. This is something to look into for Fountain Hills. This is a sensible solution to the non-buildable lots. In conclusion Mr. Brown thanked the Commission and asked that they considered approving the proposal and review it carefully. • Chairman Dempster asked Ms. Moore if the thirty percent slope lots are unbuildable? Ms.Moore replied they are buildable but what Mr.Brown is referring to is that the restrictions of the current ordinance make it difficult. Chairman Dempster commented that in her experience as a realtor one story homes are most desirable. She said that this is a good way to help develop remaining lots. Knowing it only affects about one hundred seventy-eight lots will not leave a big impact. The MAG map shows most of the lot's locations are within an HOA or NPOA, which have their own respective design reviews. That would leave very few lots without aesthetics review. Commissioner Jones said he likes the direction the proposal is going, but has concerns about some of the lots.He said regardless of the ordinance,there are going to be some lots that are just not buildable for a one story home.He said he has been designing hillside lots all over the valley including Las Vegas. He has had to tell clients that a lot is not buildable. He said he does not want this ordinance to be written to get a single story house on a forty percent grade. It is not practical. Referencing Mr. Brown's handout, Commissioner Jones said he believes that this particular plan should be terraced instead of a big one story box.The plan is pretty close to what it needs to be but he said he is concerned that the proposal is trying to make something buildable when it is not buildable. Mr. Rodgers said the current hillside ordinance is at twenty percent hillside so a house can terrace down a slope.This ordinance isn't about that,it is about allowing the cantilever design. Ms. Moore explained in detail, as referenced in the staff report the requirements of lots proposing single family residential cantilevers. No more questions or comments were made by the public, staff and the Commission. Page 4 of 7 Chairman Dempster closed the public hearing at 6:55 p.m. AGENDA ITEM # 4 — CONSIDERATION ORDINANCE 18-11, A PROPOSED TEXT AMENDMENT TO SECTION 1.12, SECTION 5.10.A, SECTION 5.10.B, SECTION 10.09, AND THE ADDITION OF SECTION 5.10.0 IN THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE TO PROVIDE DEVELOPMENT STANDARDS FOR UTILIZING CANTILEVERS ON SINGLE-FAMILY RESIDENTIAL LOTS OR PARCELS WITH SLOPES EQUAL TO OR GREATER THAN 30%. (CASE#Z2018-03) Vice-Chairman Hansen MOVED to forward a recommendation to the Town Council to APPROVE ORDINANCE 18-11, amending the Fountain Hills Zoning Ordinance by amending section 1.12, 5.10.A, 5.10.B, and 10.09 and adding a new section 5.10.0 as presented along with the following stipulations; 1. Consider creating design review criteria. 2. Create parameters for maximum slope allowed to be developed at all. 3. Limit the visual"mass"of the building. 4.Limit the buildings to one story. 5.Require the soffit under the building to be fmished. 6. Consider possible legal or design issues involved with construction on steep slopes that may have engineering impacts on nearby homes. Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY 5/0. A roll call vote was taken with the following results: Commissioner Boik Aye Commissioner Jones Aye ® Commissioner Schlossberg Aye Vice-Chairman Hansen Aye Chairman Dempster Aye AGENDA ITEM# 5 -PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 18-12, A PROPOSED TEXT AMENDMENT TO THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE, ARTICLE 5, SECTION 5.02 AND SECTION 5.04 TO REMOVE THE REQUIREMENTS FOR 6-FOOT TALL CHAIN LINK FENCING TO DELINEATE THE DISTURBANCE LIMIT BOUNDARIES AND TO ALLOW ROPE AND FLAG TO BE USED TO DELINEATE THE DISTURBANCE LIMIT BOUNDARIES. (CASE S2018-04) Chairman Dempster opened the public hearing at 6:57 p.m. Ms. Moore gave an explanation that the only time there is a requirement for fencing is to protect hillside areas from disturbance. The amendment is to remove the requirement for chain link fencing and require only rope and flag.Areas disturbed outside of the disturbance limits are protected by the Town Subdivision Ordinance. Ms. Moore said that this would allow a cost savings to the developers. The requirement for surveying stakes would remain. Chairman Dempster asked for speaker cards and Recorder Paula Woodward answered there is one speaker card,Dennis Brown. Mr.Brown said he has been working with the Town Manager since 2016 on revising this ordinance It comes from working in other municipalities who do not require a six-foot disturbance fence and allows other options. It is very changeling to use a chain link fence because of the Fountain Hills terrain. This request would apply to Fountain Hills proper while most HOA's have their own regulations. Mr. Brown thanked the Commission for considering this request to amend the ordinance. Page 5 of 7 Chairman Dempster closed the public hearing 7:01 p.m. AGENDA ITEM # 6 - CONSIDERATION ORDINANCE 18-12, A PROPOSED TEXT %kr AMENDMENT TO THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE, ARTICLE 5, SECTION 5.02 AND SECTION 5.04 TO REMOVE THE REQUIREMENTS FOR 6- FOOT TALL CHAIN LINK FENCING TO DELINEATE THE DISTURBANCE LIMIT BOUNDARIES AND TO ALLOW ROPE AND FLAG TO BE USED TO DELINEATE THE DISTURBANCE LIMIT BOUNDARIES. (CASE S2018-04) Commissioner Jones MOVED to forward a recommendation to the Town Council to APPROVE ORDINANCE 18-12, amending the Subdivision Ordinance to remove the requirement to install 6-foot tall chain link fence at disturbance limits and to require rope and flag to be installed at disturbance limits.Vice- Chairman Hansen SECONDED and the MOTION CARRIED UNANIMOUSLY 5/0. A roll call vote was taken with the following results: Commissioner Boik Aye Commissioner Jones Aye Commissioner Schlossberg Aye Vice-Chairman Hansen Aye Chairman Dempster Aye AGENDA ITEM # 7 —DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE ESTABLISHMENT AND ORGANIZATION OF A GENERAL PLAN UPDATE REVIEW COMMITTEE, ALONG WITH A GENERAL DISCUSSION OF POSSIBLE FUTURE SCHEDULING OF MEETINGS. • Mr.Rodgers explained that this would be a discussion and that the Planning and Zoning Commission would be the reviewing committee for the General Plan Update 2020. The firm selected for the General Plan Update 2020 is The Planning Center.Jessica Sarkissian is present to talk about the process and answer any questions. Ms. Sarkissian introduced herself to the Commission as the principal for The Planning Center based in Mesa, Arizona. She said the General Plan is a ten-year update. The updates are very involved with the stakeholders,guidance teams and public outreach.There will be a lot of public outreach. The goal is to get as many people involved and have it very unique to Fountain Hills. The General Plan is an individual document to the town.It should be specific to what the Commission and the residents feel is needed for the next ten years. Ms. Sarkissian provided the Commission with her contact information and asked that they contact her with any questions,ideas or input. Vice-Chairman Hansen asked,what is the timeframe of the project and how many elements will be updated? Ms. Sarkissian said that it is an eighteen-month process to include areas where meetings could get pushed back or delayed. We want to adjust meeting schedules to coincide with events where there is good public turnout. The public feedback may determine what elements may be added. The elements scheduled to update are what is currently in the General Plan 2010. Chairman Dempster asked the Commission for any further comments and there were none. AGENDA ITEM#9-REPORT FROM SENIOR PLANNER. None Page 6 of 7 . 4 AGENDA ITEM# 10-ADJOURNMENT. Chairman Dempster adjourned the meeting at 7:09 p.m. FOUNTAIN HILLS PLANNING&ZONING COMMISSION B . rman Susan Dempster ATTEST: ?WA, 5. 0404 Paula Woodward,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 13th day of September, 2018 in the Town Council Chambers, 16705 E.Avenue of the Fountains,Fountain Hills,AZ 85268. I further certify that the meeting was duly called and that a quorum was present. CCIAAW • 00CLAk-i Paula Woodward,Executive Assistant 11, Page 7 of 7