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Home My WebLink AboutPZ.2018.1025.Minutes • TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE 40 PLANNING&ZONING COMMISSION October 25,2018 Chairman Dempster opened the meeting at 6:00 p.m. ROLL CALL: The following Commissioners were present: Chairman Susan Dempster Vice-Chairman Eric Hansen. Commissioners:Mathew Boik,N'Marie Crumbie and Scott Schlossberg.Commissioner Christopher Jones was absent.Also in attendance were Bob Rodgers,Development Services Director,Marissa Moore, Senior Planner and Paula Woodward,Executive Assistant and Recorder of the minutes. Chairman Dempster requested participation in the Pledge of Allegiance and a moment of silent reflection. CALL TO THE PUBLIC Chairman Dempster asked if there were any requests to speak and the Recorder Paula Woodward answered there were none. AGENDA ITEM # 1 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING COMMISSION MEETING MINUTES DATED SEPTEMBER 13,2018. Vice-Chairman Hansen MOVED to APPROVE the meeting minutes dated Thursday, September 13,2018 as written. Commissioner Schlossberg SECONDED and the MOTION CARRIED UNANIMOUSLY 5/0. 0 AGENDA ITEM#2-PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE#18-13, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE,ARTICLE 9, SECTION 9-5-3, BY REVISING THE GENERAL REGULATIONS GOVERNING THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE. AGENDA ITEM # 4 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE #18-14, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 9, SECTION 9.02.C, BY REVISING PROVISIONS RELATED TO PERMITTED USE WITHIN THE OPEN SPACE PRESERVATION (OSP) ZONING DISTRICT. Chairman Dempster opened both public hearings at 6:03 p.m. Robert Rodgers,Development Services Director,reviewed the information in the staff report on amending The Town Code and Zoning Ordinance pertaining to revising the General Regulations governing the Fountain Hills McDowell Mountain Preserve and provided a PowerPoint presentation(available on-line or in the office of the Development Services Department). Mr. Rodgers explained that Toll Brothers is currently designing the Phase II parcels in Adero Canyon. Parcels 5 and 6 have presented challenges in grading because of slope steepness.Toll Brothers has requested that they be allowed to perform some cut grading along the rear property lines of eight lots. This grading would extend into the Fountain Hills McDowell Mountain Preserve and affect slightly less than one and a half acres. This would prevent Toll Brothers from having to re-design large areas in Parcels 5 and 6. The C proposed cuts are south of the Town's Trailhead. A small portion of the affected areas will be visible from the trailhead. The cut areas will be visible from Parcels 5 and 6 from the house lots that back up to these areas. In exchange for permission to perform the grading on the Town's Preserve property. Toll Brothers Page 1 of 4 offered to donate eighty-two acres (Parcel 9) to the Town so that it may be added to the preserve. Mr. Rodgers displayed slides showing the location of each Parcel. He said Parcel 9 is a large rugged ridge that begins at the cul-de-sac of Parcel 7 and runs southeasterly down behind Parcels 7, 8 and 10 until the `%b. Sunridge Canyon's private open space parcel, which is adjacent to the Sunridge Canyon Golf Course driving range. Parcel 9 shares over four thousand, seven hundred feet along its northern boundary with the Preserve.The Town GIS Technician provided a cross-section view of the cut areas looking down from the Ramada at the trailhead. The cuts directly below the trailhead would not be visible. The cuts would be visible from the house lots backing up to them in Adero Canyon. Mr. Rodgers displayed photos of Parcel 9 taken from Parcel 8. The photos revealed a cleared area, which actually was a proposed roadway stub from Parcel 8. MCO Properties had anticipated using the road for hillside custom homes on the original Adero Canyon proposal but Toll Brothers chose not to do this. In conclusion,Mr.Rodgers said that currently both the Town Code and Zoning Ordinance specifically do not allow encroachments for anything other than the trailhead and trail maintenance. The Ordinances#18- 13 and#18-14 would amend the Town Code and the Zoning Ordinance so that the Town Council would be authorized to grant encroachments for other activities within the Preserve. The granting of such encroachments would be during a public hearing process.The Resolution#2018-56 would accept the Parcel 9 gift and add it's eighty-two acres to the McDowell Mountain Preserve. The McDowell Mountain Preservation Commission (MMPC) forwarded a recommendation that this proposal be approved. Staff also recommends that the Planning and Zoning Commission forward recommendations to the Town Council to approve the two Ordinance amendments and Resolution 2018-56. Chairman Dempster asked the Commission for any comments or questions. Vice-Chairman Hansen remarked the land is zoned as a preserve. He asked if there are any sensitive habitat where the grading will occur. Mr. Rodgers replied,It's a very steep hillside, about an acre and half. A habitat study was conducted prior to the Toll Brothers original approval. Nothing was discovered from the study. Commissioner Schlossberg asked if Parcel 9 was a viable development Mr. Rodgers said prior to Toll Brothers acquisition, MCO properties thought it was. Toll Brothers had it allocated as an open space. Vice-Chairman Hansen asked would future trades be possible if the ordinance is amended. Mr. Rodgers said if the ordinance is amended, it would allow Council to do this in the future should something similar come along. Commissioner Boik asked if there is any cost to the Town. Mr.Rodgers said there is no cost except to record the deed.This is a trade for the grading. Chairman Dempster asked if the McDowell Mountain Preservation Commission was consulted. Mr. Rodgers replied that the Parks and Recreation Director, Rachael Goodwin brought it before them and they forwarded for a recommendation approval. Chairman Dempster asked if there were any requests to speak and the Recorder Paula Woodward answered there were none. Chairman Dempster closed the public hearing 6:12 p.m. Page 2 of 4 AGENDA ITEM # 3 — CONSIDERATION OF ORDINANCE #18-13, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, ARTICLE 9, SECTION 9-5-3, BY REVISING THE GENERAL REGULATIONS GOVERNING THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE. AGENDA ITEM#5-CONSIDERATION OF ORDINANCE#18-14,AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 9, SECTION 9.02.C, BY REVISING PROVISIONS RELATED TO PERMITTED USES WITHIN THE OPEN SPACE PRESERVATION(OSP)ZONING DISTRICT. Chairman Dempster asked the Commission for any further comments and there were none. Vice-Chairman Hansen MOVED to forward a recommendation to the Town Council to APPROVE ORDINANCE#18-13, amending the Town Code, Section 9-5-3; Ordinance#18-14 amending the Zoning Ordinance Section 9.02.C; and Resolution#2018-56 accepting Adero Canyon Parcel 9 to be included into the McDowell Mountain Preserve as presented. Commissioner Boik SECONDED and the MOTION CARRIED UNANIMOUSLY 5/0. A roll call vote was taken with the following results: Commissioner Boik Aye Commissioner Crumbie Aye Commissioner Schlossberg Aye Vice-Chairman Hansen Aye Chairman Dempster Aye AGENDA ITEM#6-DISCUSSION WITH POSSIBLE DIRECTION TO STAFF None AGENDA ITEM # 7 - SUMMARY OF COMMISSION REQUESTS FROM DEVELOPMENT SERVICES DIRECTOR. None AGENDA ITEM#8-REPORT FROM SENIOR PLANNER. None AGENDA ITEM#9-ADJOURNMENT. Chairman Dempster adjourned the meeting at 6:14 p.m. FOUNTAIN HILLS PLANNING&ZONING COMMISSION BY: ,I r Cl 4111,man Su an ern" j ATTEST: '?Ctaik 044 Paula Woodward,Executive Assistant Page 3 of 4 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 25th day of October,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. A/(14611 (A)041,0 ` Paula Woodward,Executive Assistant S • Page 4 of 4