HomeMy WebLinkAboutPZ.2018.1108.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
PLANNING&ZONING COMMISSION
December 6,2018
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 N'Marie Crumbie and Peter Gray. Commissioner Mathew Boik, Christopher Jones and
Scott Schlossberg were absent. Also in attendance were 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
No one from the public wished to speak.
AGENDA ITEM # 1 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING
COMMISSION MEETING MINUTES DATED October 25,2018.
Vice-Chairman Hansen MOVED to APPROVE the meeting minutes dated Thursday, October 25, 2018
as written. Commissioner Crumbie SECONDED and the MOTION CARRIED UNANIMOUSLY 4/0.
AGENDA ITEM # 2 PUBLIC HEARING REGARDING ORDINANCE #18-10, A TEXT
AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6,
SIGN REGULATIONS, SECTIONS 6.08.B.11 AND 6.08.D.1.C. THE AMENDMENTS EXTEND
THE EXPIRATION DATE TO DECEMBER 31, 2020, FOR A-FRAME SIGNS AND BANNERS
FOR SPECIAL SALES EVENTS. CASE#Z2018-10
Chairman Dempster opened both public hearings at 6:02 p.m.
Marissa Moore,Senior Planner reviewed the information in the staff report on amending The Town Zoning
Ordinance to extend the expiration date to December 31, 2020, for A-frame signs and banners for special
events. Ms. Moore provided a PowerPoint presentation (available on-line or in the office of the
Development Services Department). Ms. Moore explained the amendments are virtually the same as
previous years, with changed expiration dates in two sections of Chapter 6 of the Zoning Ordinance.
Originally,the review process was annual, expiring on December 31 St of each year between 2009 through
2012.The extension time frame changed to every two years between 2012 to present.If the extension were
not granted, these signs, (A-frames and banners) would no longer be allowed after December 31, 2018.
The reason this is revisited is to ensure compliance and if any adjustments are needed to the ordinance.The
Town provides educational presentations throughout the year that are organized with the Chamber of
Commerce.Ms. Moore's PowerPoint presentation included a photo showing results of a sign survey done
before 7 a.m.,on October 23,2018. The windshield survey resulted in a few A-frame real estate signs that
which the Zoning Ordinance prohibits. All signs surveyed were compliant in location, size and materials,
but most were not in compliance with the time of day regulations. A-frame signs do not require a permit.
Banners require a permit and are limited times to be posted: Special events and promotional banners are
allowed to remain for 14 days during a calendar month. Grand opening and church signs are allowed 30
days for a one-time grand opening. Signs cannot be larger than thirty-two square feet and must be attached
to the building. Code Enforcement also surveyed banner signs on October 23,2018. He found twenty-four
banner signs displayed. Only two of the twenty-four signs were permitted. Year to date twelve banner
signs have been issued.Ms.Moore showed an example of a non-compliant feather banner
Page 1 of 5
Ms. Moore asked the commission to take into consideration that businesses rely on the opportunity to
display these type of signs. If the ordinance was not reinstated, the effect on businesses may be notable.
• Enforcement of the regulation is challenging due to staff levels and there are concerns of visual clutter.
Ms. Moore concluded that staff recommends that the Planning and Zoning Commission forward a
recommendation to the Town Council to approve the extension of the sunset clause.
Chairman Dempster asked if there were any requests to speak and the Recorder Paula Woodward answered
there were none.
Vice-Chairman Hansen asked how many complaints were received since this ordinance was last approved.
Ms. Moore replied the document she received from Code Enforcement was so insignificant and it did not
portray what is really occurring. Code Enforcement will do a sign sweep on random weekends throughout
the year. The Code Enforcement Officer drives around, removes the signs and contacts the sign owners.
There are not many complaints in general about banners and A-frame signs. The presentation today is not
driven by complaints; it is considering if it is appropriate to have the ordinance as written extend another
two years.
Vice-Chairman Hansen asked if the Town is doing more to educate the public regarding the ordinance.
Ms.Moore said she and code enforcement facilitate presentations to businesses through the Fountain Hills
Chamber of Commerce. She consistently answers questions form the public regarding sign regulations.
Whether or not they follow the answers given is hard to say, as you can see from the windshield survey it
is ambiguous.
Commissioner Crumbie asked for clarification on the staff summary, "Text amendment that would extend
the expiration dates on Commercial A-frame signs and for Banners for two special sales events."
Ms. Moore said that"two special sales events" should be replaced with"promotional, special events and
one time grand opening event."
In response to Commissioner Gray,Ms.Moore replied that this ordinance was written with a sunset clause
originally in 2009. 2009 through 2012 the ordinance was extended every one year.In 2012, it was decided
to review the ordinance every two years. The last time this was reviewed was in 2016.
Commissioner Gray asked how the violations are trending and if the every two year review was too long
of an interval where people might take advantage.
Ms. Moore replied, although the number has decreased, code enforcement has by no means experienced
reduction in violations. The numbers do not tell the true story of what is going on out there because of the
way code enforcement works.
Chairman Dempster requested that the Development Services Department reach out to the Chamber of
Commerce to schedule continual training.
Ms.Moore agreed and said she would follow up on her end. Staff is always available to make presentations
at anyone's request.
Chairman Dempster asked that the recommendation include partnership with the Chamber for training.
Commissioner Gray asked for the recommendation include Code Enforcement sweep quarterly.
Page 2 of 5
Chairman Dempster closed the public hearing at 6:13 p.m.
C
AGENDA ITEM#3—CONSIDERATION OF ORDINANCE#18-10,A TEXT AMENDMENT TO
THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, SIGN
REGULATIONS, SECTIONS 6.08.B.11 AND 6.08.D.1.C. THE AMENDMENTS EXTEND THE
EXPIRATION DATE TO DECEMBER 31, 2020, FOR A-FRAME SIGNS AND BANNERS FOR
SPECIAL SALES EVENTS. CASE#Z2018-10
Vice-Chairman Hansen MOVED to forward a recommendation to the Town Council to APPROVE
ORDINANCE #18-10, a text amendment to The Town of Fountain Hills Zoning Ordinance, Chapter 6,
Sign Regulations, Sections 6.08.B.11 and 6.08.d.1.c.to include the Town provide training in partnership
with the Chamber and that Code Enforcement conduct quarterly sign sweeps.The amendments extend the
expiration date to December 31,2020,for A-frame signs and banners for special sales events.Case#z2018-
10 Commissioner Gray SECONDED and the MOTION CARRIED UNANIMOUSLY 4/0.
A roll call vote was taken with the following results:
Commissioner Crumbie Aye
Commissioner Gray Aye
Vice-Chairman Hansen Aye
Chairman Dempster Aye
AGENDA ITEM #4 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 18-15,
AMENDING SECTION 5.06.G.OF THE FOUNTAIN HILLS ZONING ORDINANCE RELATING
Ce TO LARGE DETACHED ACCESSORY BUILDINGS IN SINGLE-FAMILY RESIDENTIAL
ZONING DISTRICTS; AMENDING SECTION 1.12 TO CREATE A DEFINITION FOR THE
FRONT PLANE OF A PRIMARY BUILDING AND THE STREET SIDE PLANE OF A PRIMARY
BUILDING;AND AMENDING SECTIONS 1.12,5.06.F,5.06.H.,5.09.B.,10.03.A.8.,AND 15.03.A.8.
FOR CONSISTENCY. CASE#Z2018-08
Chairman Dempster opened the public hearing at 6:19 p.m.
Chairman Dempster asked if there were any requests to speak and the Recorder Paula Woodward answered
there was none.
Marissa Moore, Senior Planner reviewed the information in the staff report on amending The Town Zoning
Ordinance. Ms. Moore provided a PowerPoint presentation (available on-line or in the office of the
Development Services Department).Ms.Moore explained over the last two years there have been multiple
inquires for large accessory structures on properties. The current ordinance would prevent such structures.
Specifically requests have been for large accessory structures in the front of the principal building which is
not allowed. The current ordinance does not allow large accessory buildings: within any setback, in front
of the principal building,kitchen facilities(oven/stove restriction),a height over fifteen feet,a guest house
with a separate garage and the maximum thirty percent of the floor area of the livable space of the principal
building. Ms. Moore then reviewed the small accessory structures requirements: less than one hundred
twenty feet, a maximum height of twelve feet, cannot be located in front of the principal structure and no
closer than three feet from side and rear lot lines. Small accessory structures do not require a building
permit and need to be located in the front plain of the principal structure. Multiple small structures are
allowed on a property and can be located close to the neighbor's property line.Ms.Moore explained many
requests are to allow large detached accessory buildings in front of the principal structure. The current
ordinance requires these buildings be located behind the front of the primary structure. Some lots are built
with the main structure set back so far into the lot it prevents from adding these type of buildings in front
Page 3 of 5
of the principal structure. If the lot is small,there may not be any place on the property for a large accessory
building location. Another concern is that corner lots have significantly greater rear yard setbacks, which
can be restrictive. By amending the ordinance, corner lots would have more developable area. Allowing
for more use of a lot can add to the property value and better use of the lot.Ms,Moore displayed diagrams
of corner lot setbacks;
Staff is proposing amendments to the Zoning Ordinance to create a definition of the "front plane of the
primary structure"to clarify what that means and allow large accessory buildings to be located in front of
the plane of the principal building with some restrictions. The restrictions applying to accessory buildings
are that the building be completely enclosed,constructed of materials and of a color that match the principal
building and cannot have an overhead garage doors facing any street front. This proposal also includes
allowing large accessory buildings in the rear yard setback on corner lots with certain zoning districts, as
there is yard setback compliance.
Ms.Moore stated staff recommends that the Planning and Zoning Commission forward a recommendation
to the Town Council to approve the proposed Zoning Ordinance text amendments as presented.
Vice-Chairman Hansen asked, are pools allowed in front yards under the current zoning ordinance?
Ms. Moore referenced a slide and said the front yard is defined between the right of way and the front set
back line. The problem with a pool in a front yard is the front yard fence wall cannot be higher than three
and a half feet and the pool fence requirement is five feet.
In response to Commissioner Gray,Ms.Moore said by having the garage door face the road,it could reduce
the property value and aesthetics of the neighborhood.
411) Commissioner Crumbie asked about the permitting for large and small accessories.
Ms. Moore said that large accessory structure require a building permit but small accessory buildings do
not require a permit. The large and small accessory buildings are permitted on the same lot as long as they
meet the zoning ordinance.
Chairman Dempster expressed concern that the word"match"being vague and suggested the word"color"
replace"match."
Ms. Moore said the town attorney suggested the wording and the Chairman Dempster's change could be
included in the Commissioner's recommendation.
Chairman Dempster suggested she would also like to add to the recommendation that no rooftop mechanics
on the accessory buildings.
Commissioner Crumbie asked,would this be limited to certain lot size?
Ms.Moore said the recommendation is for corner lots in the Rl-10 areas and the front plane of the primary
building amendment is for all lots.
Chairman Dempster closed the public hearing at 6:44 p.m.
AGENDA ITEM # 5 — CONSIDERATION OF ORDINANCE 18-15, AMENDING SECTION
5.06.G. OF THE FOUNTAIN HILLS ZONING ORDINANCE RELATING TO LARGE
DETACHED ACCESSORY BUILDINGS IN SINGLE-FAMILY RESIDENTIAL ZONING
DISTRICTS; AMENDING SECTION 1.12 TO CREATE A DEFINITION FOR THE FRONT
PLANE OF A PRIMARY BUILDING AND THE STREET SIDE PLANE OF A PRIMARY
Page 4 of 5
BUILDING;AND AMENDING SECTIONS 1.12,5.06.F,5.06.H.,5.09.B., 10.03.A.8.,AND 15.03.A.8.
FOR CONSISTENCY. CASE#Z2018-08
\r+ Vice-Chairman Hansen MOVED to forward a recommendation to the Town Council to APPROVE
ORDINANCE 18-15, amending section 5.06.g. Of the Fountain Hills Zoning Ordinance relating to large
detached accessory buildings in single-family residential zoning districts; amending Section 1.12 to create
a definition for the front plane of a primary building and the street side plane of a primary building; and
amending sections 1.12, 5.06.f, 5.06.h., 5.09.b., 10.03.a.8.,and 15.03.a.8. for consistency; and not to allow
for rooftop equipment to be located on the large accessory building;and the large accessory building be the
same color as the principal building. Case#z2018-08.Commissioner Gray SECONDED and the MOTION
CARRIED UNANIMOUSLY 4/0.
A roll call vote was taken with the following results:
Commissioner Crumbie Aye
Commissioner Gray Aye
Vice-Chairman Hansen Aye
Chairman Dempster Aye
AGENDA ITEM # 6 — SUMMARY OF COMMISSION REQUESTS FROM DEVELOPMENT
SERVICES DIRECTOR.
None
AGENDA ITEM#7-REPORT FROM SENIOR PLANNER.
None
AGENDA ITEM # 8 -ADJOURNMENT.
Chairman Dempster adjourned the meeting at 6:47 p.m.
FOUNTAIN HILLS PLANNING&ZONING COMMISSION
BY:
Ch ' an Susan Dempster
ATTEST:
'RUA& ki3M40
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 6th day of December 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.
Paula Woodward, Executive Assistant
Page 5 of 5