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HomeMy WebLinkAboutPZ.2018.0913.Agenda11 T AIN'�j� �rbat is VVIP POST ACTION MEETING AGENDA REGULAR MEETING NOTICE OF THE PLANNING AND ZONING COMMISSION Commission Members: Vice -Chairman Susan Dempster Commissioners: Mathew Boik, N'Marie Crumbie, Erik Hansen, Christopher Jones and Scott Schlossberg Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Fountain Hills Planning and Zoning Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular meeting, which is open to the general public, on September 13, 2018 at 6:00 p.m. in the Town Hall Council Chambers at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona. Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's Councilmembers or various Commissions or Boards may be in attendance at the Commission meeting. TIME: 6:00 P.M. —REGULAR SESSION WHEN: THURSDAY, SEPTEMBER 13, 2018 WHERE: TOWN HALL COUNCIL CHAMBERS 16705 EAST AVENUE OF THE FOUNTAINS PROCEDURE FOR ADDRESSING THE PLANNING & ZONING COMMISSION Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Recorder prior to the Commission's discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Recorder's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Recorder or the Chairman. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements .should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not allowed. Please be respectful when making your comments. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue prior to the beginning of the Public Hearing and the Consideration ofsaid issue. Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by (i) discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Commission at Meeting or (iii) the Chairman either prior to or during a Meeting. Ifyou do not comply with these rules, you will be asked to leave. Planning and Zoning Commission Agenda - Page ! o1 3 L� .7 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Vice -Chairman Susan Dempster 6:00 PM MOMENT OF REFLECTION — Vice -Chairman Susan Dempster ROLL CALL — Vice -Chairman Susan Dempster CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), 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 will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Commission members 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. AGENDA ITEMS) 1. ELECTION of Planning & Zoning Commission officers. CHAIRMAN SUSAN DEMPSTER VICE-CHAIRMAN ERIC HANSEN 2. CONSIDERATION of APPROVING the Planning and Zoning Commission Regular Meeting Minutes from March 22, 2018. APPROVED 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 #22018-03) OPENED 6:06 PM, CLOSED 6:55 PM 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) APPROVED RECOMMENDATION 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 52018-04) OPENED 6:57 PM, CLOSED 7:01 PM 6. CONSIDERATION 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) APPROVED RECOMMENDATION Planting and Zoning Commission Agenda -Page 2 of'3 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. NO ACTION TAKEN S. SUMMARY OF COMMISSION REQUESTS from Development Services Director. NONE 9. REPORT from Senior Planner.NONE 10. ADJOURNMENT 7:09 PM Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in the Planning & Zoning Division of the Development Services Departm;�-< DATED this 6th day of September 2018, By: Robert odgerDevelopment Services Director The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request reasonable accommodations to participate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. 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 Planning and Zoning Commission are audio and/or video recorded, and, as a result, proceedings in 46, 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 maybe 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," Planning and Zoning Comnussion Agenda - Page 3 of 3 �l`t� AIN k 1 REGULAR MEETING NOTICE 3 � �OF THE h;;� is A PLANNING AND ZONING COMMISSION Commission Members: Lice -Chairman Susan Dempster Commissioners: Mathew Boik, N'Marie Crumbie, Erik Hansen, Christopher Jones and Scott Schlossberg Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Fountain Hills Planning and Zoning Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular meeting, which is open to the general public, on September 13, 2018 at 6:00 p.m. in the Town Hall Council Chambers at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona. Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's Councilmembers or various Commissions or Boards may be in attendance at the Commission meeting. TIME: 6:00 P.M. —REGULAR SESSION WHEN: THURSDAY, SEPTEMBER 13, 2018 WHERE: TOWN HALL COUNCIL CHAMBERS 16705 EAST AVENUE OF THE FOUNTAINS PROCEDURE FOR ADDRESSING THE PLANNING & ZONING Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Recorder prior to the Commission's discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Recorder's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Recorder or the Chairman. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not allowed. Please be respectful when making your comments. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue prior to the beginning of the Public Hearing and the Consideration of said issue. Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by (i) discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Commission at Meeting or (iii) the Chairman either prior to or during a Meeting. If you do not comply with these rules, you will be asked to leave. Planning and Zoning ConvnWlon Agenda - Page / of 3 M Pq CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Vice -Chairman Susan Dempster MOMENT OF REFLECTION — Vice -Chairman Susan Dempster ROLL CALL — Vice -Chairman Susan Dempster CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), 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 will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Commission members may (i) respond to criticism (ii) ask staff to review a matter or rii) ask that the matter be placed on a future Commission a-enda. AGENDA ITEMS) 1. ELECTION of Planning & Zoning Commission officers. 2. CONSIDERATION of APPROVING the Planning and Zoning Commission Regular Meeting Minutes from March 22, 2018. 3. PUBLIC HEARING to receive comments on ORDINANCE 18-11, a proposed text amendment to Section 1. 12, Section 5.10.A, Section 5.10.13, 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) 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) 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) 6. CONSIDERATION 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) Planning and Zoning Coninission Agenda -Page 2 oJ'3 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. 8. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 9. REPORT from Senior Planner. 10. ADJOURNMENT Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in the Planning & Zoning Division of the Development Services Department. DATED this 6th day of September 2018. By: Robert Rodge , Development Services Director The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request reasonable accommodations to participate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. 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 Planning and Zoning 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. " *. Planning and Zoning Commission Agenda - Page 3 o(3 AtNy� 0 Y bat is AY��' Meeting Date: September 13, 2018 TOWN OF FOUNTAIN HILLS ❑ Planning and Zoning ❑ Board of Adjustment AGENDA ACTION FORM Meeting Type: Regular Agenda Type: Regular Submitting Division: Development Services Staff Contact Information: Robert Rodgers, Development Services Director, brrodgersC�fh.az.gov, 480-816-5138 REQUEST TO PLANNING & ZONING COMMISSION: CONSIDERATION FOR APPROVING THE PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES FROM MAY 24, 2018. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A .(elated 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): NIA 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 Regular Meeting Minutes dated May 24, 2018, as presented. Attachment(s): N/A Submitted by: Patfl�/ a U">� 09/06/2018 Paula Woodward, Executive Assistant Date Approved b 09/06/2018 Robert s, elopment Services Director Date Page 1 of 1 Z 0 '9/� `•..__..� 004 ghat is A��i Meeting Date: September 13, 2018 Meeting Type: Regular TOWN OF FOUNTAIN HILLS ❑ Planning and Zoning ❑ Board of Adjustment AGENDA ACTION FORM Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner, 480-816-5139, mmoore(a_fh.az.gov REQUEST TO PLANNING & ZONING COMMISSION: 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) CONSIDERATION ORDINANCE 18-12, a proposed text amendment to the town of fountain hills .ubdivision 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) Applicant: Development Services Department Applicant Contact Information: Marissa Moore, AICP, Senior Planner, 480-816-5139, mmoore(aD_fh.az.gov Property Location: Town -Wide Related Ordinance, Policy or Guiding Principle: Subdivision Ordinance for the Town of Fountain Hills— Section 5.02 Subdivision Grading Standards Subdivision Ordinance for the Town of Fountain Hills — Section 5.04 Hillside Disturbance Staff Summary (background): Staff received a request via the Town Manager to amend the Town's Subdivision Ordinance to eliminate the requirement for 6 -foot chain link disturbance limit fencing and instead require rope and flag to delineate disturbance limits. Disturbance limit fencing is only required at the limits of areas on properties where, by plat or by regulations set forth in the Subdivision Ordinance, disturbance restrictions are placed. For example, on lots subject to the Hillside Disturbance development standards, only forty percent of those areas on the lot with a slope of 20% or greater (classified as "hillside") can be disturbed, .nd the remaining sixty percent of those areas must be put into a Hillside Protection Easement (HPE). Currently, on such properties, the area to be placed into an HPE must currently be delineated with 6 - Page 1 of 2 Cantilever Residential Development Standards Ordinance 18-11 foot chain link fence. For lots with difficult terrain, provisions exist in the Subdivision Ordinance to allow developers to request rope and flag be installed in lieu of the chain link fence. Attached is a draft amendment 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. Disturbance outside of the delineated limits would still be subject to fines and the areas would be required to be revegetated. Risk Analysis (options or alternatives with implications): If the proposed amendments are approved, residential lots with slopes 20% or greater will be required to install rope and flag along disturbance limits. The benefit for approving this amendment is some cost savings for developers. The risk is that the rope and flag will be easier to move and will be less visible for site workers. If the proposed amendments are not approved, lots with slopes equal to or greater than 20% will still be required to install 6 -foot tall chain link fencing at disturbance limits. Fiscal Impact (initial and ongoing costs; budget status): NA Staff Recommendation(s): Staff recommends that the Planning & Zoning Commission forward a recommendation to the Town Council to approve the proposed Zoning Ordinance text amendments as presented. SUGGESTED MOTIONS: Move that the Planning & Zoning Commission forward a recommendation to the Town Council to APPROVE ORDINANCE 18-12, amending the Subdivision Ordinance to remove the requirement to istall 6 -foot tall chain link fence at disturbance limits and to require rope and flag to be installed at disturbance limits Attachment(s): Example photo of rope and flag Draft Ordinance Submitted by: 9/6/2018 M rissa Moore, AICP, Senior Planner Date Approved by: 9/6/2018 lopme ervices Director Date Page 2 of 2 0 v Example of rope and flag f X ItAt'k, , a v ' r 0 ORDINANCE NO. 18-12 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE, ARTICLE 5, SECTION 5.02 AND SECTION 5.04 IN THE FOUNTAIN HILLS SUBDIVISION ORDINANCE 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. WHEREAS, the Mayor and the Council of the Townof Fountain Hills (the "Town Council") adopted Ordinance No. 96-29, which established the Subdivision Ordinance for the Town of Fountain Hills (the "Subdivision Ordinance"); and WHEREAS, the Town Council desires to amend Article 5; (Grading Standards), Section 5.02 (Subdivision grading Standards) and Section 5.04 (Hillside Disturbance) of the Subdivision Ordinance 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; and WHEREAS, public hearings regarding this Ordinance were advertised in the August 22, 2018, and August 29, 2018, editions of the Fountain Hills Times; and 40 WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on September 16, 2018, and by the Town Council on October 4, 2018. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. The Subdivision Ordinance, Article 5 (Grading Standards), Section 5.02 (Subdivision Grading Standards), is hereby amended as follows: Section 5.02 Subdivision Grading Standards Section 5.02.B.1(d) 8. Disturbance Limit Fencing: Prior to the issuance of a building or grading permit, and prior to any disturbance activities, rope and flag shall be installed on the disturbance limit line as identified on the approved site plan for the site. The disturbance limit boundary shall be established and staked by an Arizona - registered land surveyor. No disturbance limit -fencing rope shall be located outside of the surveyor's staked area. Appropriate warning signs in English and Spanish shall also be posted at least every 100 linear feet on the required feneing rope. The Town Manager or authorized designee shall inspect the-fenee-rope, signage, and surveyor's staking to insure its proper location and construction prior to the issuance of the building/grading permit c for the site. Such rope and signage shall be maintained in place throughout the grading/construction process and shall only be removed after a-fiiW final inspection or Certificate of Occupancy has been issued by the Town. These regulations may be waived by the Town Manager or authorized designee if 100% of the lot on which the construction activity is permitted has been graded or disturbed as part of an approved subdivision grading permit.. - SECTION 3. The Subdivision Ordinance, Article 5 (Grading Standards), Section 5.04 (Hillside Disturbance), is hereby amended as follows: _ Section 5.04 Hillside Disturbance Section 5.04.E. = _- 1. Fencing: Except as provided in Subsection 5.04.E.2, agera disturbance area is defined, an area at least equal to the hillside protection requirements of the lot, parcel, or tract, shall be protected by ehai linked f neo s:� feet in height rope and flag and affixed in the ground to assure non -movement. The fenced roped -in area shall include all previously disturbed areas and all areas intended to be disturbed. There shall be no disturbance outside the fenced roped -in area. However, the Community Development Services Director or designee may approve the re -vegetation of nondisturbance areas or hillside protection areas disturbed prior to September 21 , 1991 in accordance with a landscape plan approved by the Eommunit Development Services Director or designee. Thefeneiftg rope and flag may be removed only after the completion of all construction activity on the lot. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents 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, October 4, 2018. [SIGNATURES ON FOLLOWING PAGE] 2 • • FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager Elizabeth Burke, Town Clerk APPROVED AS TO FORM: Mitesh Patel, Town Attorney Z Meeting Date: September 13, 2018 Meeting Type: Regular TOWN OF FOUNTAIN HILLS ❑ Planning and Zoning ❑ Board of Adjustment AGENDA ACTION FORM Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner, 480-816-5139, mmoore(a.fh.az.gov REQUEST TO PLANNING & ZONING COMMISSION: PUBLIC HEARING to receive comments on ORDINANCE 18-11, a proposed text amendment to Section 1.12, Section 5.10.A, Section 5.10.13, 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) ':ONSIDERATION ORDINANCE 18-11, a proposed text amendment to Section 1.12, Section 5.10.A, jection 5.10.13, 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) Applicant: Development Services Department Applicant Contact Information: Marissa Moore, AICP, Senior Planner, 480-816-5139, mmoore(a-_)fh.az.gov Property Location: Town -Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance — Section 1.03 Definitions Fountain Hills Zoning Ordinance — Section 5.10 Canyon Side Residential Development Staff Summary (background): At the September 5, 2017 Town Council meeting, staff brought before Town Council an amendment to the Zoning Ordinance to create provisions that allowed single-family development on steep (greater than 30% grade) lots to reduce the front yard setback to 10 feet. Staff researched what other municipalities did for development on steep lots throughout the United States and it was thought that the proposed language was consistent with national trends. It was noted by some commissioners at that meeting that the Planning and Zoning Commission voiced hesitancies that the proposed ,evelopment standards might allow structures to look like the photos provided of examples from research done by Hollywood Hills (see attached photos depicting examples of cantilever design from Page 1 of 4 ON Cantilever Residential Development Standards Ordinance 18-11 Hollywood Hills' hillside development research). However, Council did vote unanimously to adopt the rdinance as written. Staff has now been requested by the Town Manager to investigate development options for cantilever structures on canyon side lots, with a specific image provided as an example of the type of desired design (see attachment). Staff again reviewed hillside development standards throughout the US - from California, to Maine, Arkansas, Washington, Colorado, and Utah — to find how cantilever development was addressed in other zoning ordinances. Staff discovered that the great majority of municipalities actually prohibit this type of development in a number of ways, and instead require residential structures to be constructed so that they sit close to the hillside and terrace down. This is how the existing Town Zoning Ordinance and Subdivision Ordinance address this type of development, as well. In an effort to create regulations that allow for creative ways to develop on steep slopes, staff analyzed a number of cantilever structures from the United States and other areas of the world (see photos attached). One of the concerns is that the aesthetics of Fountain Hills should be maintained, and the ordinances should be drafted accordingly. These types of structures, however, can be designed to fit in with the character of Fountain Hills. Nearby Paradise Valley has some regulations on cantilever development, and has a Hillside Building Committee that reviews the designs of homes proposed on "hillside" lots. Their review takes into consideration a number of design components, including how the building fits in with the natural environment, how the structure(s) will look from viewpoints on the valley floor and adjacent slopes, and so forth. Fountain Hills does not have a residential design review board so this ordinance had to be written to take into account both the desire for flexibility in design and the protection of the community character, which may at times contradict each other. .staff consulted with the Town's Civil Plans Examiner (who is a Professional Engineer), the Town's Computer Aided Design (CAD) Technician/Geographic Information Systems (GIS) Analyst, and a number of town staff for their input and ideas. Staff worked on creating graphics that represents designs that are visually appealing and that addresses concerns about designs that may be thought to be visually unappealing using technical analyses on imagery and building plans for cantilever structures. Based on this research, the proposed ordinance is for buildings on qualifying lots, developed with cantilever structures, and allows for a 10 -foot front yard setback. A maximum height above curb of 12 feet, a maximum building wall plane of 24 feet, and a maximum overall building height from the top of the building to the lowest -most point of the building of 48 feet (see drawing below). Another aspect of the design staff is proposing to regulate is the distance between the soffit (the underside of the building) and finished grade: the height of this distance should not be permitted to exceed 24 feet at any point. Page 2 of 4 RM 1 I TOP OF—\ CURB 12 MAX 10'SETBACK WIDTH VARIES I '` •z I AVERAGE`, NATURAL GRADE NATURAL GRADE Cantilever Residential Development Standards Ordinance 18-11 24' MAX WALL PLANE 48' MAX 24' MAX BELOW BUILDING SOFFIT Additional proposed requirements include concealing utilities and equipment (which may be located under the building), and providing landscaping (plants, boulders, etc.) to screen the space under the building and reduce the visibility of these disturbed slope areas. isk Analysis (options or alternatives with implications): If the proposed amendments are approved, residential lots with 30% or greater slopes can be developed under the Canyon Side ordinance using the cantilever design criteria. If the proposed amendments are not approved, lots with slopes equal to or greater than 30% will remain subject to the development standards set forth in the existing Hillside Disturbance and/or the Canyon Side Lot development standards. Fiscal Impact (initial and ongoing costs; budget status): NA Staff Recommendation(s): Staff recommends that the Planning & Zoning Commission forward a recommendation to the Town Council to approve the proposed Zoning Ordinance text amendments as presented. SUGGESTED MOTIONS: Move that the Planning & Zoning Commission 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, 5.10.6, and 10.09 and adding a new section 5.10.0 as presented. Attachment(s): Images of various cantilever residential structures Image of Conceptual Design for Cantilever development standards )raft Ordinance 18-11 Page 3 of 4 Submitted by: 9/6/2018 M issa Moore, WCP, Senior Planner Date Approved by: pmeeivices Director ?018 Date Page 4 of 4 Cantilever Residential Development Standards Ordinance 18-11 .tr x, .' i :� (".� (w'�A r�wg t�'TJF1 �'�' ' .�, � �' Example from Hollywood Hills of extreme cantilever homes Ell Another example of unusual cantilever design: Other examples of cantilever designs staff used to draft the proposed Ordinance 18-11 0 ' tal :L f, 13 Im N All El El a . 4 f ►� �tot gym. IL _ i dr j z, I f. 1 r Town of Fountain Hills 2020 General Plan Update DS2018-02 - - 4 4A o. •— • • S Z a ri a 1. COVER LETTER June 20, 2018 Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 Subject: Fountain Hills 2020 General Plan Update (DS 2018-02) Dear Selection Committee, With enthusiasm, we submit The Planning Center proposal for the preparation of the Town of Fountain Hills General Plan Update. Fountain Hills is a unique and world-renowned community with many possibilities and opportunities in its future. This General Plan Update will allow the Town to move toward its fullest potential and utilize best practices for future development. The Planning Center has been a contributing force in strengthening the Southwest region since 1985. With offices in Tucson and Tempe, Arizona, The Planning Center offers expertise in all aspects of community and regional planning, community design, landscape architecture, sustainable best practices, socio-economic/demographic analysis, economic development, GIS/graphic analysis, and all facets of public engagement and community involvement. Our firm has spearheaded many award winning General Plans in the Southwest. With our partners in success, Bowman Consulting, Elliott D. Pollack & Company and local planner Loras Rauch, AICP, our team provides a wealth of on -the - ground knowledge of the area's circulation, water and wastewater resources, infrastructure planning, economic feasibility and local Town knowledge. Each of our key team members has the capacity and commitment to complete the scope of work described in the proposal within the stated timeframe and proposed budget. As a Principal, I am authorized to make this offer. The enclosed proposal is valid for 90 days. We also acknowledge and agree to Addendum Items # 1, 2, and 3 dated May 10 and May 17, 2018 Thank you for the opportunity to submit our Proposal. Sincerely, Jessica Sarkissian, Principal THE PLANNING CENTER Ph: (480) 750.7300 0 2. FIRM EXPERIENCE & SIMILAR PROJECTS With headquarters in Tucson, Arizona and a local office in Tempe, Arizona, The Planning Center assembled a team that includes the best local experts with a strong understanding of the Town of Fountain Hills and the regions' dynamics, economy, politics, infrastructure, regulatory framework, and environment, supplemented by regionally and nationally recognized specialists. Our team includes The Planning Center, Bowman Consulting, Elliott D. Pollack & Company and Contract Planning Services. This project team has successfully worked together in previous projects and share the level of professionalism, work ethics and technical acumen valued by the Town of Fountain Hills. Most importantly, this project team recently collaborated on the Fountain Hills State Land property on the north side of Town and are aware of the impact this site has on the growth and future of Fountain Hills. THE PLANNINGCENTER a division or !PC group, jn The Planning Center The Planning Center uses the latest technologies to create planning solutions to challenges facing communities. The Planning Center excels in general and comprehensive planning, and has a track record of multiple award-winning general and comprehensive plans and their respective community engagement processes. Services include regional, general, comprehensive, area, neighborhood and master planning and design, growth management, landscape architecture, community visioning and meaningful public engagement. Our office cultivates an atmosphere of high standards and our team of talented professionals care deeply about what we do. The Planning Center's depth of resources and staff assure effective and imaginative solutions tailored to fit our clients' specific needs. As a woman -owned business, The Planning Center is DBE certified by the State of Arizona and recognized as a SBE/DBE through the City of Tucson certification process. The Planning Center Experience Preparing Comprehensive Plan Projects Envision Safford: City of Safford General Plan Client: I City of Safford Reference: Project Length: Key Personnel Roles: Awards: Link: Dustin Welker (Community Development Director at that time), Graham County Administrator DWelker(cDgraham.az.gov (928) 428-3250 April 2015 to late 2016 (ADOPTED 2016) The Planning Center: Linda Morales, Principal -in -Charge; Maria Masque, Project Manager, Lead Planner & Outreach Coordinator; Brian Underwood, GIS and mapping; Daniel Bradshaw, Landscape Architecture, Parks, Recreation and Graphics. American Planning Association (APA) Arizona Best General Plan 2017 APA Arizona Best Public Participation 2016 http://www.citvofsafford.us/DocumentCenter/View/1225 Aspire: Town of Sahuarita General Plan and Sahuarita East Conceptual Area Plan (SECAP) Client: Reference Length of Project: Key Personnel Roles: Year Adopted: Awards: Link: Town of Sahuarita Sarah More, Planning and Building Director, smore(cDsahuaritaaz.gov (520) 822-8853 2013 to 2015 (ADOPTED 2015) The Planning Center: Linda Morales, Principal-in-Charge/Project Manager, Lead Planner, Policy Writer, Facilitator; Maria Masque, Planner, Policy Writer; Brian Underwood, GIS and mapping in partnership with Town GIS team; Daniel Bradshaw, Landscape Architecture, Parks, Recreation, Graphics. Kimley-Horn: Brent Crowther, transportation planning and engineering updated the MS&SR concurrent to general plan and SECAP Conceptual circulation/multi- modal road system network. 2015 Aspire won the APA Arizona Best General Plan 2016 and the SECAP won an APA Award and the MPA Common Grounds Awards for exemplary collaboration as one of the 20 top projects of the year in 2015. http://sahuaritaaz.qov/DocumentCenter/View/1169 As lead consultant, The Planning Center facilitated an advisory group including the Town of Sahuarita, the Arizona State Land Department, the Sonoran Institute, the Drachman Institute and top representatives and major employers in real estate and land development, to create a conceptual plan for a future model community in a semi -arid environment. The draft conceptual plan supports a high-tech, environmentally -friendly, live/work environment on a large area of Arizona State Trust Land directly east of the current Town boundaries. It includes areas for residential, commercial, industrial, employment and mixed-use developments. To meet a diversity of social, cultural, environmental and recreational desires by residents and a future workforce, the plan includes policies promoting plazas, open space, cultural and community spaces, wash preservation, and other recreational amenities. Experience garnered and lessons learned during the SECAP planning process will assist in the development of growth scenarios for the ASLD properties. The SECAP was rolled into the general plan process during the Town of Sahuarita General Plan. For reference, key personnel and project link, see Aspire: Town of Sahuarita General Plan provided above. Pima Prospers: Pima County Comprehensive Plan Client Reference: Length of Project: Key Personnel Roles: Year Adopted: Awards: Link: Pima County Carmine DeBonis Jr., Carmine. DeBonis@pima.gov ; (520) 724-8661 2013 to 2015 (ADOPTED 2015) The Planning Center: Linda Morales, Principal-in-Charge/Project Manager/Planer/Policy writer; Maria Masque/Project Manager/Lead Planner/Policy Writer; Brian Underwood, GIS and mapping working with Pima County GIS team; Daniel Bradshaw, Landscape Architecture, Parks, Recreation, Graphics, Illustrations. 2015 APA Arizona Best General Plan 2016 and MPA Common Ground Award for exemplary collaboration as one of the 20 top projects of the year in 2015. http://webcros.pima.gov/government/pima prospers/ 0_! v Designed to have countywide applicability, the Environmental Element of Pima Prospers anticipated effects of implementation of plan elements on natural resources. As part of the comprehensive plan process, the Maeveen Marie Behan Conservation Lands System (CLS) designed to protect biodiversity and provide land use guidelines consistent with the conservation goal of the Sonoran Desert Conservation Plan (SDCP) and the SDCP were updated and integrated in the Comprehensive Plan. Strategies such as Transfer of Development Rights (TDR) as well as designation of giving and receiving TDR areas were also defined as part of Pima Prospers. The County concurrently updated the MS&SR which was successfully integrated to land use efforts. The Planning Center Additional Comprehensive and General Plan Experience • Kayenta Township Comprehensive Plan and Zoning Ordinance. Kayenta Township, Navajo Nation, Arizona (2012). Received the APA Arizona Best Comprehensive Plan Award 2014. Kayenta is the growth center of the Navajo Nation. Role of team members that will be involved in the Town of Fountain Hills General Plan: Maria Masque, Principal -in -Charge, Project Manager, Lead Planner, Policy Writer, Project Analysist, Design Charrette and Outreach Coordinator, Facilitator; Daniel Bradshaw, Landscape Architecture, Parks, Recreation, Trail System, Streetscape Design, Illustrations, Meeting Facilitation, Design Team Coordinator. • City of Nogales General Plan. Nogales, Arizona (2010). Its major focus was employment and revitalization. Role of team members that will be involved in the Town of Fountain Hills General Plan: Linda Morales, Principal -in -Charge, Planner, Policy Writer, Facilitator; Maria Masque, Project Manager, Lead Planner, Policy Writer, Project Analyst, Outreach Coordinator, Facilitator. • EI Mirage General Plan. EI Mirage, Arizona (2010). EI Mirage General Plan was the first fully sustainable plan adopted in the state of Arizona. This innovative general plan received the APA Arizona Best Public Participation Award 2009 for public participation, and the prestigious Valley Forward Best Livable Community Plan in the Phoenix Metropolitan Area Merit Award 2011. Role of team members that will be involved in the Town of Fountain Hills General Plan: Linda Morales, Principal -in -Charge, Planner, Policy Writer, Facilitator; Maria Masque, Project Manager, Lead Planner, Outreach Coordinator, Facilitator, and coordinator of EI Mirage Park Bench Interviews and Oral History Podcast projects. Queen Creek General Plan. Queen Creek, Arizona (2007) with a focus on revenue generating and employment uses. Role of team members that will be involved in the Town of Fountain Hills General Plan: Linda Morales, Principal -in -Charge, Planner, Policy Writer, Facilitator; and Maria Masque, Project Manager, Lead Planner, Policy Writer, Project Analyst, and Outreach Coordinator. • Pascua Yaqui Tribe General Plan. Pascua Pueblo, Arizona (2005). With a resort, hospitality and entertainment focus, Pascua Pueblo is the growth center of the Pascua Yaqui Tribe. Role of team members that will be involved in the Town of Fountain Hills General Plan: Linda Morales, Principal -in -Charge, Project Manager, Planner, Policy Writer, Facilitator; and Maria Masque, Project Manager, Lead Planner, and Outreach Coordinator. Bowman Consulting Established in 1995, Bowman Consulting Group, Ltd. (Bowman) is a national engineering and design consulting firm that specializes in providing a wide range of engineering and surveying services to both the public and private market sectors. From its local offices in Tempe, Tucson, Peoria and Safford, Bowman provides surveying and civil engineering services for public and private. Bowman Consulting engineers and project managers have earned a reputation for delivering timely and economical solutions to virtually every type of civil engineering challenge. We command comprehensive and up to date knowledge of local, state and federal regulations. We are adept at integration into the project team and effectively work to facilitate communication with Clients, architects and other subconsultants to ensure seamless design and prompt issue resolution. Our expertise in site design and knowledge of industry and governmental standards enable Bowman Consulting to provide our Clients with superior service on any site development project. Elliott D. Pollack & Company Elliott D. Pollack & Company Elliott D. Pollack & Company is headed by one of Arizona's most noted economists. Since 1987, the firm has been offering a broad range of economic and real estate consulting services backed by the VJ most comprehensive database found in Arizona. The firm offers a broad range of economic and real estate consulting services backed by one of the most comprehensive databases found in the nation. This information makes it possible to conduct economic forecasting, develop economic impact studies and prepare demographic analyses and forecasts. Econometric modeling and economic development analysis and planning are also part of our capabilities. The staff includes professionals with backgrounds in economics, urban planning, financial analysis, real estate development and government. These professionals serve a broad client base of both public and private sector entities that range from school districts and utility companies to law firms and real estate developers. Contract Planning Services Contract Planning Services founded in 1995, is an award-winning consulting firm and is considered to be a leader in the field of municipal ordinance work by its clients and peers. The firm is an Arizona corporation that specializes in the development of municipal zoning and land use ordinances, community planning, and public participation. The firm works with both large urban cities and small rural communities to develop the specific planning tools necessary to implement each community's unique vision. In addition to the development of ordinances, the firm provides municipal planning staff services to communities in the state of Arizona. The firm has a "client first" philosophy and a business motto to go above and beyond their clients' expectations. Loras Rauch, AICP of Contract Planning Services will assist The Planning Center in all aspects of public outreach. 3. Staff Capabilities & Assignments This section includes the Key Team Members Bio, their Roles & Responsibilities in the Town of Fountain Hills General Plan Update and at least two comparable projects in which the team member has played a significant role. The Team Members Resumes are included in the Appendix section. Project information is included in the previous section. The Planning Center Linda Morales, AICP, Qualifications, Role & Responsibilities: Linda is the owner and CEO of The Planning Center and has been a planning consultant for over 22 years. At The Planning Center, Linda has gained a wide range of consultant experience working for local, state and federal governments, non -profits, developers, builders and property owners on a variety of projects. Her diverse experience gives her a unique perspective that allows her to understand both jurisdictional and developer points of view, bringing a balanced perspective to projects. She successfully facilitated dialogue between stakeholders, developers, Arizona State Land Department, the Sonoran Institute and the Drachman Institute concerning conceptual plans for Sahuarita's SECAP, a model future city and has been directly involved in numerous general plan updates in Southern Arizona. Linda will assist in land use scenario building, analysis, and policy writing. Related Experience: Safford, Sahuarita, Nogales, EI Mirage, Queen Creek, Douglas, Bisbee, and Pascua Yaqui Tribe general plans and Pima County and Kayenta Township comprehensive plans. Percent of the Total Team Effort: 5% Jessica Sarkissian, AICP, LEED AP, Qualifications, Role & Responsibilities: Jessica is the principal overseeing the General Plan Project update. She serves as lead planner, coordinates outreach efforts and moderates high profile public participation programs. With more than 15 years of experience in the planning field, a unique background of public and private sector development and municipal volunteer experience, Jessica offers the local knowledge, bench strength and perspective needed for project success. Jessica specializes in rezonings, general and comprehensive plan amendments, variances, use permits, design review, site plan review, public outreach, text amendments and public meetings and presentations. Jessica has worked on a variety of projects from small scale residential and master planned communities, to multi -family, assisted living, commercial and industrial projects throughout the Phoenix metropolitan area. She works successfully with engineering firms, architects and land use attorneys to provide open communication and deliver successful results. Her project management skills allow her to keep complex planning projects under budget and on schedule, and her knowledge of the Town of Fountain Hills and its relationships with Town staff makes her an ideal Principal-in-Charge/Project Manager for this project. Related Experience: Town of Clifton General Plan (ongoing), Town of Gilbert 2010 General Plan, Fountain Hills Study Area for AZSLD, North Pinal Study Area for AZSLD, and City of Mesa Inner Loop Plan (ongoing). Percent of the Total Team Effort: 20% Maria Masque, Qualifications, Role & Responsibilities: Maria will serve on this project coordinating public and community outreach and visioning for the Fountain Hills General Plan Update. With more than 27 years of experience preparing general plans, 19 of those in Arizona with The Planning Center, Maria has authored more than 50 General Plans and prepared numerous redevelopment and revitalization plans and design guidelines throughout Arizona and Florida. She has served as the lead planner/analyst and policy writer for all the general plans prepared by The Planning Center since 2000. Her areas of expertise include land planning, growth management sustainable agricultural conversion, technology/innovation and Smart City Design. She brings a regional economic development approach to planning and design. Related Experience: Safford, Sahuarita, Nogales, EI Mirage, Queen Creek, Douglas, Bisbee, and Pascua Yaqui Tribe general plans and Pima County and Kayenta Township comprehensive plans. Percent of the Total Team Effort: 10% T AINf r-16� Town of FOUNTAIN HILLS c x Development Services Department ®s Planning & Zoning Division �. m f�� t��,�oa PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on Thursday, September 13, 2018 at 6:00 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, the Fountain Hills Planning and Zoning Commission will hold a PUBLIC HEARING to receive comments on ORDINANCE #18-12, a proposed text amendment to Article 5, Section 5.02 and Section 5.04 in the Fountain Hills Subdivision Ordinance to remove the requirements for 6 -foot tall chain link fencing to delineate the disturbance limit boundaries and to allow orange high visibility construction fencing to be used to delineate the disturbance limit boundaries. Case #52018-04 NOTICE IS HEREBY GIVEN that on Tuesday, October 2, 2018 at 5:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, the Fountain Hills Town Council will hold a PUBLIC HEARING to receive comments on ORDINANCE #18-12, a proposed text amendment to Article 5, Section 5.02 and Section 5.04 in the Fountain Hills Subdivision Ordinance to remove the requirements for 6 -foot tall chain link fencing to delineate the disturbance limit boundaries and to allow orange high visibility construction fencing to be used to delineate the disturbance limit boundaries. Case #S2018-04 A complete copy of the proposal is available for viewing in the Fountain Hills Planning & Zoning Office, 7:00 AM - 6:00 PM Monday through Thursday. For more information, contact Marissa Moore, AICP, Senior Planner; Development Services, Town of Fountain Hills, 16705 E. Avenue of the Fountain, Fountain Hills, AZ 85268; or by calling 480-816-5139. All interested citizens are encouraged to attend. Em (Publish in 8/22/2018 and 8/29/2018 editions of the Fountain Hills Times) 16705 E. Avenue of the Fountains — Fountain Hills, Arizona 85268 — (480) 837 -2003 -Fax (480) 837-3145 AFFIDAVIT OF PUBLICATION .,�H" TOWN OF FOUNTAIN HILLS S) Development Services Department `'w..�.r' Planning & Zoning Division PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on Thursday, September 13, 2018 at 6:00 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, the Fountain Hills Planning and Zoning Commission will hold a PUBLIC HEARING to receive comments on ORDINANCE #18-12, a proposed text amendment to Article 5, Section 5.02 and Section 5.04 in the Fountain Hills Subdivision Ordinance to remove the requirements for 6 -foot tall chain link fencing to delineate the disturbance limit boundaries and to allow orange high visibility construction fencing to be used to delineate the disturbance limit boundaries. Case #S2018-04 NOTICE IS HEREBY GIVEN that on Tuesday, October 2, 2018 at 5:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, the Fountain Hills Town Council will hold a PUBLIC HEARING to receive comments on ORDINANCE #18-12, a Proposed text amendment to Article 5, Section 5.02 and Section 5.04 in the Fountain Hills Subdivision Ordinance to remove the requirements for 6 -foot tall chain link fencing to delineate the disturbance limit boundaries and to allow orange high visibility construction fencing to be used to delineate the disturbance limit boundaries. Case #S2018-04 A complete copy of the proposal is available for viewing in the Fountain Hills Planning & Zoning Office, 7:00 AM - 6:00 PM Monday through Thursday. For more information, contact Marissa Moore, AICP, Senior Planner; Development Services, Town of Fountain Hills, 16705 E. Avenue of the Fountain, Fountain Hills, AZ 85268; or by calling 480-816-5139. All interested citizens are encouraged to attend. Published in FH Times: August 22 and August 29, 2018 OFFICIAL SEAL KAREN KIRKENDOLL Comfnleelon #527445 Notary public • State of Aflzona MARICOPA COUNTY My Comm. exptree May 13, 2021 THE FOUNTAIN HILLS TIMES P.O. Box 17869 Fountain Hills, AZ 85269 Voice: (480) 837-1925 Fax: (480) 837-1951 OF ARIZONA Y OF MARICOPA C CRUIKSHANK, being first duly sworn, upon oath nd says that he is the Publisher of The Fountain Hills newspaper of general circulation in the County of and the State of Arizona, published at Fountain Hills, and that the copy hereto attached is a true copy of the nent as published weekly in The Fountain Hills Times on -ing dates: PUBLISHER 08/22/18 08/29/18 BRENT CRUIKSHANK SWORN TO BEFORE ME ON THIS 291h DAY OF AUGUST, 2018. NOTARY PUBLIC KAREN KIRKENDOLL AFFIDAVIT OF PUBLICATION a TOWWOF FOUNTAIN HILLS Development Services Department Planning & Zoning Division PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on Thursday, September 13, 2018 at 6:00 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, the Fountain Hills Planning and Zoning Commission will hold a PUBLIC HEARING to receive comments on ORDINANCE #18-11, a proposed text amendment to Section 1.03, Section 5.10.A, Section 5.10.8, 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 single-family residential lots or parcels with slopes equal to or greater than 30°%. Case #Z2018-03 NOTICE IS HEREBY GIVEN that on Tuesday, October 2, 2018 at 5:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, the Fountain Hills Town Council will hold a PUBLIC HEARING to receive comments on ORDINANCE #18-11, a proposed text amendment to Section 1.03, 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 single-family residential lots or parcels with slopes equal to or greater than 30%. Case #Z2018-03 A complete copy of the proposal is available for viewing in the Fountain Hills Planning & Zoning Office, 7:00 AM - 6:00 PM Monday through Thursday. For more information, contact Marissa Moore, AICP, Senior Planner; Development Services, Town of Fountain Hills, 16705'E. Avenue of the Fountain, Fountain Hills, AZ 85268; or by calling 480-816-5139. All interested citizens are encouraged to attend. Published in FH Times: August 22 and August 29, 2018 OFFICIAL SEAL KAREN KIRKENDOLL Commission *577425 Notary Public - State o1 Arizone MARICOPA COUNTY My comm. expires May 17, 2021 THE FOUNTAIN HILLS TIMES P.O. Box 17869 Fountain Hills, AZ 85269 Voice: (480) 837-1925 Fax: (480) 837-1951 DF ARIZONA Y OF MARICOPA r CRUIKSHANK, being first duly sworn, upon oath nd says that he is the Publisher of The Fountain Hills newspaper of general circulation in the County of and the State of Arizona, published at Fountain Hills, and that the copy hereto attached is a true copy of the ment as published weekly in The Fountain Hills Tinges on ring dates: 08/22/18 08/29/18 PUBLISHERG . BRENT CRUIKSHANK SWORN TO BEFORE ME ON THIS 29th DAY OF AUGUST, 2018. NOTARY PUBLIC KAREN KIRKENDOLL P&z recommends cantilever construction approval By Bob Burns Times Reporter The Planning and Zon- ing Commission is recom- mending the Town Council allow cantilever construc- tion for single family homes on lots with a slope of 30 percent or more. The work on the project has been lengthy and ex- tensive with this being the second go around for such an ordinance. The proposal is an amendment to the town's Zoning Ordinance. Senior Planner Marissa Moore said staff did consid- erable research, wanting to know how municipalities in other parts of the country handled the issue. "A lot of municipalities don't allow cantilever con- struction," Moore said. "I would like some direction, ideas that we can present to the council." Specifically, Moore said she wanted the commis- sioner's point of view on style and materials. Aesthetics is an impor- tant part of the issue, ac- cording to Moore. "We want to achieve a balance that allows creativ- ity and at the same time preserves the aesthetics and character of the com- b munity." The amendment pre- sented by staff allows for f a one-to-one ratio for the f building height to the open j space underneath the can- tilever. It proposes a maxi- mum of 24 -feet for each, or t 48 feet total from ground below the cantilever to top of the building. Moore said she was in- terested in how the change would impact the commu- € nity and with the help of a number of agencies, includ- ing Maricopa Association of Governments, was able to produce a map indicat- ing the slopes 30 percent and greater and the lots involved. There are a total of 960 vacant single family home lots in Fountain Hills. Of those, 178 have a slope of 30 percent or greater. Moore said many of those already lie within subdivi- sions with strong HOAs that have their own regu- lations and design review. Those are FireRock Coun- try Club, Crestview, Eagles Nest and along Sycamore and Greystone drives. Also, the Neighborhood Property Owners Asso- ciation (NPOA) has some jurisdiction over numerous lots scattered in various parts of town. Commissioner Christo- pher Jones said he would prefer the town have re- view of the designs. "These properties will have impact in the commu- nity," Jones said. "I would prefer to have a board with the proper background re- view these plans. "I like where this [pro- posal] is going, and if done carefully could elevate the design aesthetics for the community." Development Services Director Bob Rodgers said while all of these associa- tions do have residential design review, the Town of Fountain Hills does not. The town does de- sign review for commercial development, but not resi- dential. Rodgers called town design review for single family residential an "ad- ministrative nightmare." Commissioner Mathew Boik raised concerns about liability in the event a can- tilever failed causing dam- age or worse on the slope below the cantilevered home. Staff said all construc- tion would be subject to building codes and inspec- tion and they believe it would be safe. Vice Mayor Dennis Brown, a local contractor who has served nearly a total of 18 years between the Planning and Zoning Commission and Town Council, addressed the issue as someone with a keen interest. In fact, he showed the commission a plan for a home he may be building on a 45 percent slope. "As a builder I've been through just about every kind of review out there," Brown said. "I've built in seven states and Fountain Hills is unique with the number of challenges that can be presented." He said the lot with a 45 percent slope may have been buildable under Maricopa County juris- diction when the lot was purchased, but under town ordinances the lot cannot meet the building stan- dards now in place. Brown also said he has become aware that steps inside a home that would offset the slopes have be- come an issue with peo- ple simply not wanting to climb stairs. "People want/need to build flat and this [cantile- ver] is a sensible solution," Brown said. "I like this approach," Jones added. "But when you get to the point of 40 percent [slope] or more, some designs just don't belong on certain lots. You get to a point where it is just not feasible." The commission voted 5-0 to recommend the coun- cil consider new regula- tions, with one vacant seat, and Commissioner N'Marie Crumbie was absent.