HomeMy WebLinkAboutPZ.2018.1206.Agenda AI�O��yTNyf�
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REGULAR MEETING NOTICE
• •
OF THE
1••that`s t,rvi PLANNING AND ZONING COMMI
SSION
Commission Members:
Chairman Susan Dempster, Vice-Chairman Erik Hansen
Commissioners:Mathew Boik,N'Marie Crumbie,Peter Gray, 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 December 6, 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,DECEMBER 6, 2018
WHERE: TOWN HALL COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS
111)
PROCEDU
RE 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 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,
nu will be asked to leave.
Planning and Zoning Commission Agenda-Page 1 of 3
CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Susan Dempster
MOMENT OF REFLECTION—Chairman Susan Dempster
ROLL CALL— Chairman Susan Dempster
CALL TO THE PUBLIC
Pursuant to A.R.S. P38-431-01(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 ITEM(S)
1. CONSIDERATION of APPROVING the Planning and Zoning Commission Regular Meeting
Minutes from October 25, 2018.
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
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
4. PUBLIC HEARING to receive comments on 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. Case#Z2018-08
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
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
6. SUMMARY OF COMMISSION REQUESTS from Development Services Director.
7. REPORT from Senior Planner.
•
Planning and Zoning Commission Agenda-Page 2 of 3
8. 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 28th day of November 2018. By:
Robert Rodgers, elopment 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_1 tjii, „peeting. 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 a
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."
1011.
Planning and Zoning Commission Agenda-Page 3 of 3
J�TAI�+�l TOWN OF FOUNTAIN HILLS
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AGENDA ACTION FORM
Meeting Date: December 6, 2018 Meeting Type: Regular
Agenda Type: Regular
Submitting Division: Development Services
Staff Contact Information: Robert Rodgers, Development Services Director, brrodgers(a�fh.az.gov, 480-816-5138
REQUEST TO PLANNING&ZONING COMMISSION: CONSIDERATION FOR APPROVING THE PLANNING&ZONING
COMMISSION REGULAR MEETING MINUTES FROM OCTOBER 25, 2018.
Applicant: N/A
Applicant Contact Information: N/A
1Droperty Location: N/A
Related Ordinance, Policy or Guiding Principle: Policy or Guiding Principle: A.R.S. §38-431.01
Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account
of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed
on the Town's website in compliance with state law.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initial and ongoing costs; budget status): N/A
Recommendation(s): Approval
Staff Recommendation(s): Approval
SUGGESTED MOTION: Move to Approve the Planning &Zoning Commission Regular Meeting Minutes dated October 25,
2018, as presented.
Attachment(s): N/A
Submira
( ` Approve
V VR 11/28/2018
11/28/2018
Paula Woodward, Executive Assistant Date Robe o rs, D: - .pment Services Director Date
Page 1 of 1
TOWN OF FOUNTAIN HILLS
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Board of Adjustment
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AGENDA ACTION FORM
Meeting Date: December 6, 2018 Agenda Type: Regular
Meeting Type: Regular Submitting Department: Development Services
Staff Contact Information: Marissa Moore, AICP, Senior Planner, 480-816-5139,
mmoorefh.az.qov
REQUEST TO PLANNING & ZONING COMMISSION:
PUBLIC HEARING regarding ORDINANCE #18-10, a text amendment to the Town of Fountain Hills
Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08.1111 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
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
le expiration date to December 31, 2020, for A-frame signs and banners for special sales
events. Case #Z2018-10
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 Chapter 6, Section 6.08.B.11
Fountain Hills Zoning Ordinance Chapter 6, Section 6.08.D.1.0
Staff Summary (background):
This is a Zoning Ordinance text amendment that would extend the expiration dates on Commercial A-
frame signs and for Banners for two special sales events. This process is to review the permitted usage
of these types of signs, which are set to expire on December 31, 2018. Originally, this review process
occurred on an annual basis expiring on Dec. 31st of each year between 2009-2012. However, the
extensions were granted for two years between 2012 through 2018.
The Planning & Zoning Commission is being requested to once again make recommendations
-garding extending the sunset provisions for an additional two years. The attached draft Ordinance
,+18-10, if approved, would extend the expiration date for A-frame signs to December 31, 2020 as well
Page 1 of 2
A-Frame Signs and Banners
Ordinance 18-10
as extend the expiration date for banners, balloons and pennants to December 31, 2020. Without an
extension these signs may no longer be used after December 31, 2018.
,ode Enforcement currently works on a complaint-based system. What this means is that there are
quite probably a number of A-frame signs and banners that are posted around town that are not
permitted and are not reported and/or the violations occur on weekends. Both the Planning & Zoning
Commission and Town Council expressed reservations in past years about extending the expiration
dates due to the obvious non-compliance of a number of the businesses who use these types of
signage.
The proposed amendments before you this evening are virtually the same as previous years, with
changed expiration dates in the two sections of Chapter 6 of the Zoning Ordinance which include
expiration dates of December 31, 2020.
Section 6.08.B.11 of the Zoning Ordinance relates to A-Frame signage and states that: "No A-
frame sign is permitted anywhere within the Town of Fountain Hills after December 31, 2020."
Section 6.08.D.1.C. of the Zoning Ordinance relates to Banners and states: "On a recurring basis
with advance notification to the Town for not more than two periods of seven (7) consecutive
days per month. The provisions of this paragraph 6.08(1.C.) shall expire on December 31, 2020."
Risk Analysis (options or alternatives with implications): If the proposed amendments are approved,
A-frame and banners will still be allowed, per conditions and regulations set forth in the Zoning
Ordinance. If the proposed amendments are not approved, A-frame signs and banners will no longer
he allowed within the Town. Alternatively, an extension could be made for a time shorter than 2 years.
( this is the case, then this issue can be revisited prior to any subsequent extension approvals.
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 #18-10, 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
Attachment(s):
Draft Ordinance #18-10
Draft of proposed Zoning Ordinance Amendments
Submitted by: Approved by:
i kill( C 11/28/2018 11/28/2018
VI sa Moore, ICP, Senior Planner Date velop Services Director Date
Page 2 of 2
ORDINANCE NO. 18-10
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 6, SIGN REGULATIONS,
RELATING TO A-FRAME SIGNS AND BANNERS.
WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the "Town
Council") adopted Ordinance No. 93-22, which established the Zoning Ordinance for the Town of
Fountain Hills (the "Zoning Ordinance"); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
6 thereof, Sign Regulations, to (i) extend the time period during which A-frame signs are allowed
until December 31, 2020, and (ii) extend the time period during which banners, balloons and
pennants are permitted under certain circumstances until December 31, 2020; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT.
§ 9-462.04, as amended,public hearings regarding this ordinance were advertised in the November
21 and November 28, 2018 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on December 6, 2018, and by the Town Council on December 18, 2018.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
'N.. THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth
herein.
TION 2 Zoning Ordinaii hapter 6, Sign Regulations, Subsection
6.08(B) is hereby amended as follows:
11. Noame sign js permitted anywhere within the Town of Fountain Hills after
Decem 1, 2020.
SECTION 3. The- Zoning Ordinance, Chapter 6, Sign Regulations, Subsection
6.08(D)(1)(c), is hereby amended as follows:
D. Banners, Balloons and Pennants are allowed as follows:
1. Time limitations:
c. On a recurring basis with advance notification to the Town for not more
than two periods of seven(7)consecutive days per month.The provisions
of this paragraph 6.08(D) shall expire on December 31, 201 g 2020.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
December 18, 2018.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickie, Mayor Elizabeth Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady Miller, Town Manager Aaron Arnson, Town Attorney
11)
Chapter 6
SIGN REGULATIONS
***
Section 6.08 Signs Allowed or Required
***
B. A-Frame Signs are allowed as follows:
1. Only businesses that are physically located within Town commercial or
industrial zoning districts or churches in residential zoning districts may
display A-frame signs.
2. Businesses or churches permitted to display A-frame signs may display
a maximum of one such sign per street frontage. Such signs shall be
located in the manner required in paragraph 6.08(B)(3) below, either
on the same property as the business or church, or on property
immediately adjacent to the business or church building as follows:
r.. a. On property held in common by members of a property owners'
association.
b. On property owned by the business owner's landlord.
c. Public street, subject to the limitations of 6.08(B)(3) below.
3. Location of A-frame signs shall be restricted as follows:
a. Such signs shall not be located on the paved portion of any public
street, any sidewalk, or any median.
b. Such signs shall not be located within a designated parking or
loading area.
c. Signs shall not be located in a manner that poses a traffic vision
hazard. Signs may not be located within the sight triangle as
defined in the Town of Fountain Hills Subdivision Ordinance
Section III, Exhibit 16.
d. A-Frame signs must be placed at least one (1) foot behind the
curb. If no curb is present, signs shall be located at least one (1)
foot from the edge of the paved portion of the public right-of-
way. No A-Frame signs shall be placed on sidewalks or within the
center medians that divide portions of paved or unpaved
roadways.
4. No sign may be greater than twenty-four (24) inches wide and thirty-
six (36) inches tall.
5. Signs shall be constructed of wrought iron; sheet metal; 1/8 inch thick
plastic; or of wood that is at least 3/8 inch thick. No other materials are
acceptable.
6. Signs must be manufactured by a professional sign company.
7. Signs shall be in good repair.
8. Attachments to signs are limited to balloons flown no higher than six (6)
feet from the ground. If attachments are used, the A-Frame sign must
be set back from the curb a minimum of three (3) feet; if no curb is
present, the A-Frame sign shall be located at least three (3) feet from
the edge of the paved portion of the public right-of-way.
9. Landscaping cannot be modified or damaged to accommodate an A-
L- frame sign.
10. Signs shall only be displayed between the hours of 7:00 a.m. and 9:00
p.m.
11. No A-frame sign is permitted anywhere within the Town of Fountain Hills
after December 31, 2018.
***
D. Banners, Balloons and Pennants are allowed as follows:
1. Time limitations:
a. On a one-time basis for a maximum of thirty (30) consecutive
days during the grand opening of a business, a Chamber of
Commerce sponsored ribbon cutting, a change in ownership,
change in management or change of business name.
r.
b. For a church for up to thirty (30) consecutive days for the purpose
Lir of promoting a program or event.
c. On a recurring basis with advance notification to the Town for not
more than two periods of seven (7) consecutive days per month.
The provisions of this paragraph 6.08(D) shall expire on
December 31, 20182020.
2. Number/Size Limitations:
a. Not more than one banner shall be allowed per business.
b. Maximum banner sign area is thirty-two (32) square feet.
c. Total sign area, including permanent signs, pennants and
banner signs shall not exceed 200% of the permitted sign
area.
d. No balloon may be larger than twenty-four (24) inches in
diameter.
3. Location Limitations
a. Banners, balloons or pennants shall be located on the business
.. storefront or within the area leased by the business. Balloons
otherwise located shall be not less than four (4) feet from the
face of the building and within twenty (20) feet of the main
building entrance.
b. Banners, balloons or pennants shall not be displayed in the
required perimeter street landscaping.
c. Banners, balloons or pennants shall not obscure building
address numbers.
d. Banners, balloons or pennants shall not encroach within onsite
fire lanes.
e. Banners, balloons or pennants shall not be attached or hung
on or from a tree or shrub.
f. Balloons shall not be flown higher than six (6) feet from the
ground.
S
g. Banners, balloons and pennants shall not be erected at the
L intersection of any street or pedestrian walkway in such a
manner as to obstruct free and clear vision, nor at any location
where, by its position, shape or color, it may interfere with or
obstruct the view of or be confused with any authorized traffic
signal, sign or device.
4. Banners, balloons or pennants shall not be designed to depict any
product or service that cannot legally be provided in the Town.
5. Banners, balloons or pennants shall be professionally
manufactured.
AIN TOWN OF FOUNTAIN HILLS
Planning and Zoning
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AGENDA ACTION FORM
Meeting Date: December 6, 2018 Agenda Type: Regular
Meeting 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 18-15, 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. Case #Z2018-08
ONSIDERATION 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 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
Applicant: Development Services Department
Applicant Contact Information: Marissa Moore, AICP, Senior Planner, 480-816-5139,
mmoorefh.az.gov
Property Location: Town-Wide
Related Ordinance, Policy or Guiding Principle:
Fountain Hills Zoning Ordinance — Section 1.12 Definitions
Fountain Hills Zoning Ordinance — Chapter 5. General Provisions
Fountain Hills Zoning Ordinance — Chapter 10. Single Family Residential Zoning Districts
Fountain Hills Zoning Ordinance — Chapter 15. Mobile Home Zoning Districts
�,. taff Summary (background):
Page 1 of 3
Large Accessory Structure
Ordinance 18-15
Staff has received a number of inquiries over the past 2 years relating to the location of large detached
accessory buildings on lots within single-family zoning districts. A "large" accessory building is any
,tructure 120 square feet or larger, but cannot exceed 30% of the footprint of the living area of the
irincipal building, and can be a maximum of 15 feet in height. A building permit is required to construct
a large accessory building. (It should be noted that "small" accessory buildings are less than 120 square
feet in size, can be a maximum of 12 feet in height, can be located within 3 feet of a side or rear property
line, and can be constructed without a building permit. Staff is not recommending these buildings be
allowed to be located in front of the principal building.)
One common request is to allow large detached accessory buildings (garages, guest houses/casitas,
pool houses, and so forth) in front of the principal building. Currently the Zoning Ordinance states that
these buildings must be located "behind the front of the primary structure". The intent is to require
detached structures to be located in an area of the property where the building would be visually
"incidental" to the main house. Some lots are built with the principal building set back quite far into the
lot. This then precludes the owner from adding these types of buildings in front of the principal building,
and if the lot is small there may be no place on the property that a large accessory building can be
located.
Another frequent concern is that corner lots have two street frontages and almost always a rear yard
and side yard. The predominant setbacks are 20 feet from the front and street-side lot lines and 25 feet
from the rear lot line(s). The intent of this is to allow for space between structures for air movement,
light, and privacy, as well as creating a visual consistency in the character of the neighborhood.
However, the "rear" lot line most frequently is the "side" lot line of the abutting lot. Allowing large
accessory structures to be located in the rear yard setback, while meeting the side yard setback for the
property's respective zoning district, will help corner lots have more developable area. The principal
uilding must still meet the rear yard setback. Small accessory buildings would still be able to be located
3 feet from the property line and can be constructed without a permit.
These requests have become more frequent as more residents are wanting to have family — primarily
aging relatives — nearby while still providing privacy and personal space. Helping families create living
situations to allow for this type of family culture can add to the sustainability of a community. As family
members age, and younger generations start to settle down, allowing for this type of transition housing
helps support residents meeting their familial needs and the desire to be near one another.
Another common request is for detached buildings to be located in front of the principal structure.
Having a garage being the focal point of a residence at the curb is not visually appealing and studies
have shown it can actually reduce property values for lacking "curb appeal". While staff believes there
shouldn't be restrictions on locating a garage in front of a principal structure, prohibiting overhead
garage doors from facing the street front may prevent any negative visual impacts.
Corner lots that have the principal building facing the street side lot line gives the owner the impression
that what zoning defines as the "rear yard" to them is their "side yard". In actuality, it is a rear yard with
a significantly greater setback than a side yard. Property owners also often think their street side yard
is their front. With regulations prohibiting accessory buildings to be located in front of the front plane of
the house, in addition to the large rear yard setback, development on corner lots can be restrictive.
Allowing for more use of a lot can add to the property value and better use of the land intended to be
eveloped for single-family residential uses.
Page 2 of 3
Large Accessory Structure
Ordinance 18-15
Staff is proposing amendments to the Zoning Ordinance to create a definition of the "front plane of the
primary structure" to help clarify what that means, and to allow large accessory buildings to be located
'-i front of the front plane of the principal building, with some restrictions. In order to ensure accessory
.,uildings located in front of the front plane of the principal building have minimal negative visual impact,
staff is proposing the following additional restrictions be applied to large accessory buildings:
a. Shall be completely enclosed;
b. Shall be constructed of materials and of a color that match the principal building;
c. Cannot have any overhead garage doors facing any street front;
As stated above, staff is also proposing to allow large accessory buildings in the rear yard
setback on corner lots within certain zoning districts, so long as it meets the side yard setback
for that zoning district.
Because a building permit is required to construct these buildings, staff will be able to review the
proposed structure to ensure it complies with these additional criteria.
Risk Analysis (options or alternatives with implications): If the proposed amendments are approved,
large accessory buildings may be located in front of the front plane of the principal buildings and within
the rear yard setback on corner lots in certain zoning districts allowing for more and better use of these
properties. If the proposed amendments are denied, the existing regulations will remain in effect.
Fiscal Impact (initial and ongoing costs; budget status): NA
Staff Recommendation(s):
,taff 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 18-15, 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.
Attachment(s):
Draft Ordinance #18-15
Draft of proposed Zoning Ordinance Amendments
Submitted by:
Approved by:
11/28/2018 /.Marisa Moore, AIC , Senior Planner Date / 11/28/2018
aevelo. • Services Director Date
Page 3 of 3
ORDINANCE 18-15
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, 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 DEFINITIONS OF THE TERMS ACCESSORY BUILDING,
PRINCIPAL BUILDING, FRONT PLANE OF A PRINCIPAL BUILDING,
AND STREET SIDE PLANE OF A PRINCIPAL BUILDING; AND
AMENDING SECTIONS 5.06.F., 5.06.H., 5.09.B., 10.03.A.8., AND
15.03.A.8. FOR CONSISTENCY.
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22
on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills
(the "Zoning Ordinance"); and
WHEREAS, the Mayor and Council of the Town (the "Town Council") has
determined it is in the best interests of the Town to amend the Zoning Ordinance to amend
requirements for Large Accessory Buildings on Corner Lots and in front of the Front Plane
of a Principal Building; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV.
STAT. § 9-462.04, public hearings were advertised in the November 21 , 2018, and
November 28, 2018, editions of the Times of Fountain Hills; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on December 6, 2018, and by the Town Council on December 18, 2018.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Fountain Hills Zoning Ordinance Chapter 5 (General
Provisions), Section 1.12 is hereby amended to read as follows:
Building, Accessory: A building that does not share a livable, enclosed connection to
the principal building and that is subordinate to, and the use of which is customarily
incidental to, that of the main principal building on the same lot or parcel.
Building, Principal: A building in which is conducted the principal use of the lot on which
the building is situated. In any residential district, any dwelling shall be deemed to be the
main building of the lot on which the same is situated. Guest houses or other accessory
buildings with sleeping quarters shall not be considered a principal building.
k4
Front Plane of a Principal Building: A line running parallel to the front lot line and which
touches the point of the principal building closest to the front property line.
Street Side Plane of a Principal Building: A line running parallel to the street side lot
line and which touches the point of the principal building closest to the street side property
line.
SECTION 3. The Fountain Hills Zoning Ordinance Chapter 5 (General Provisions),
Section 5.06. is hereby amended to read as follows:
F. Small Accessory Buildings (Detached):
Any detached accessory building of one-hundred-twenty (120) square feet or less in
size in any residential zone shall not be located in the front or street side yard, shall be
at least six (6) feet from any other building the primary, shall be at least three (3) feet
from any rear and interior side lot lines, shall be located behind the front plane of the
primary principal ctructure building and behind the street side plane of the primary
principal structure building on the street side of a corner lot, and shall not exceed twelve
(12) feet in height.
G. Large Accessory Buildings (Detached):
Any detached accessory building greater than 120 square feet in size, shall not
front, and behind the street side of the primary structure on the street side of a
corn er lot nd shall not exceed fifteen (1 5) foot in height
1. Any detached accessory building greater than one-hundred-twenty (120) square feet in
size in any residential zone:
a. Shall not be located in any building setback, except as outlined in G.3 below;
b. Shall be at least six (6) feet from any other building;
c. Shall not exceed fifteen (15) feet in height;
d. Shall not exceed thirty (30) percent of the square footage of the footprint of the
livable area of the principal building;
e. Shall not contain kitchen facilities (oven or stove);
f. Shall be connected to the principal building's utilities, and shall not have 220-volt
electrical service to any part or common wall, with the exception of a hardwired air
conditioning unit;
2
g. Shall not be located between the street side plane of the principal building and the
street side lot line.
2. Any detached accessory building greater than one-hundred-twenty (120) square feet
constructed in front of the front plane of the principal building in any residential zone:
a. Shall be completely enclosed;
b. Shall be constructed of materials and of a color that match the principal building;
c. Cannot have any overhead garage doors facing any street front;
3. On corner lots in Single-Family Residential Zoning Districts(R1-6, R1-6A, R1-8, R1-8A, R1-
10, R1-10A only), Any detached accessory building greater than one-hundred-twenty
(120) square feet may be located within the rear yard setback, but shall be no closer to the
rear lot line than a distance equal to the zoning district's side yard setback, as set forth in
Chapter 10 of this Zoning Ordinance. All other zoning and subdivision regulations must be
met.
Street side plane of
ikilW —principal building on Small
corner lots accessary
building
i 3'Min
Property line
See Section G.3.for Setback line +
large accessary __ i
buildings in rear yard �� -- t3'Min
setbacks on corner a •
lots • a I II
• I ■
e I ■
Minimum X I ■
six feet • I l Front plane of
between I - ' I principal building
buildings
11 / ii X a ,
in I I • accessary
Front plane of bullI ,' g
principal building I 1 .. ...‘Kiii
I
Setback line
.w ww.•w w..ww�w..w.w•.w .w www�w w.mow.w w www�.w
;iqi4 vH , t :t' Street
L
3
H. Solar Units:
Solar heating, cooling units, solar greenhouses and associated apparatus shall be located
behind the front i+neplane of the primaryprincipal structure building, and behind the street
side plane of the primary principal structure building on the street side of a corner lot, shall
not cover more than thirty (30) percent of any side or rear yard, shall be at least three (3)
feet from any rear and side lot lines, shall be at least six (6) feet from any other structure,
and shall not exceed twelve (12) feet in height. With the exception of the solar panels,
any solar heating or cooling unit shall be screened from pulalfe street view. An application
for a Solar Unit that does not meet the above requirements may be appealed to granted
by the Town Council by Special Use Permit only.
SECTION 4. The Fountain Hills Zoning Ordinance Chapter 5 (General
Provisions), Section 5.09. is hereby amended to read as follows:
Arches: When not located in any required building setback area, an arch in a facade wall
may be placed in front of the front plane of the primary principal structure building at a
height not to exceed twelve (12) feet and a width not to exceed ten (10) feet. One arch,
not exceeding twelve (12) feet in height and ten (10) feet in width, may be located along
the side or the rear of the primary principal structure building if it is not located in the side
(interior or street) and required rear yard setback areas.
SECTION 5. The Fountain Hills Zoning Ordinance Chapter 10 (Single Family
Residential Zoning Districts) is hereby amended to read as follows:
10.02.A.13. Guest Houses, attached or detached, provided that:
a. The Structure structure must conform to all minimum setback requirements.
b. An attached Guest House may be located in front of the primary principal
structure building if the Guest House is attached by a four (4)- foot wide common wall or
doorway.
structure than '12 the distance of any one side of the Guest House.
d:c. May Shall not exceed thirty (30) percent of the square footage of the footprint
of the livable area of the primary structure principal building.
e:d. Shall not exceed fifteen (15) feet in height.
f e. An detached attached Guest House shall not contain any of the following:
1 . An attached garage.
2. Kitchen facilities (oven or stove).
4
g-f. Must be connected to primary principal structure's building's utilities, and shall
not have two-hundred-twenty (220) volt electrical service to any part or common
wall, with the exception of a hardwired air conditioning unit.
h:g MayShall not be used for any commercial or non-residential uses.
Section 10.03.A.8. No playground equipment, ornamental figures, or designs denoting a
Day Care Center shall be allowed in front of the house line front plane of the principal
building.
SECTION 6. The Fountain Hills Zoning Ordinance Chapter 5 (General
Provisions), Chapter 15 is hereby amended to read as follows:
Section 15.03.A.8. No playground equipment and, ornamental figures, or designs
denoting a Day Care Center shall be allowed in front of the house line front plane of the
principal building.
SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be 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 8. The Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to execute all documents and take all steps
necessary to carry out the purpose and intent of this Ordinance.
[SIGNATURES ON FOLLOWING PAGE]
C
5
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, December 18, 2018.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth E. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
6
Chapter 5. General Provisions
***
Section 5.06 Yard, Lot, and Area Requirements
***
F. Small Accessory Buildings (Detached):
Any detached accessory building One-Hundred-Twenty (120) square feet or less
in size in any zone shall not be located in the required front or street side yard,
shall be at least six (6) feet from the main structurcany other building, shall be
at least three (3) feet from any rear and interior side lot lines, shall be located
behind the front plane of the primary principal structure building and behind
the street side plane of the primary principal structure building on the street
side of a corner lot, and shall not exceed twelve (12) feet in height.
G. Large Accessory Buildings (Detached):
Any detached accessory building greater than 12-0 sq a-re feet in size, shall not
be located in any building setback, shall be at I ast six (6) feet from the main
structure, shall be located behind the front line of the primary structure on the
front, and behind the street side of the primary structure on the street side of a
corner lot, and shall not exceed fifteen (15) feet in height.
1. Any detached accessory building greater than one-hundred-twenty (120)
square feet in size in any residential zone:
a. Shall not be located in any building setback, except as outlined in G.3
below;
b. Shall be at least six (6) feet from any other building;
c. Shall not exceed fifteen (15) feet in height;
d. Shall not exceed thirty (30) percent of the square footage of the
footprint of the livable area of the principal building;
e. Shall not contain kitchen facilities (oven or stove);
f. Shall be connected to the principal building's utilities, and shall not have
220-volt electrical service to any part or common wall, with the
exception of a hardwired air conditioning unit;
g. Shall not be located between the street side plane of the principal
,.....-
building and the street side lot line.
2. Any detached accessory building greater than one-hundred-twenty (120)
square feet constructed in front of the front plane of the principal building in
any residential zone:
a. Shall be completely enclosed;
b. Shall be constructed of materials and of a color that match the principal
building;
c. Cannot have any overhead garage doors facing any street front;
3. On corner lots in Single-Family Residential Zoning Districts (R1-6, R1-6A, R1-
8, R1-8A, R1-10, R1-10A only), Any detached accessory building greater than
one-hundred-twenty (120) square feet may be located within the rear yard
setback, but shall be no closer to the rear lot line than a distance equal to the
zoning district's side yard setback, as set forth in Chapter 10 of this Zoning
Ordinance. All other zoning and subdivision regulations must be met.
® Street side plane of
principal building on Small
corner lots accessary
building
Property line
-r 3'Min
Setback line
See Section G.3.for =
large accessary
buildings in rear yard-- r --- 3'Min
setbacks on corner ■ I ■
lots ■ t _ _ ■
l
■ f ■
I I I
Minimum ■
six feet — - 1I ■ Front plane of
between— - i principal building
buildings - . Fro ■
E, . I Aii. - _ I
Large accessary
n II� building
Front plane of
principal building _ , ! _ I l ■
■ I
■
I- -^. -- -. -l�. - s - -® - - - Setback line
Street
L
I
H. Solar Units:
Solar heating, cooling units, solar greenhouses and associated apparatus shall
be located behind the front lineplane of the primaryprincipal structure
building, and behind the street side plane of the primary principal structure
building on the street side of a corner lot, shall not cover more than thirty (30)
percent of any side or rear yard, shall be at least three (3) feet from any rear
and side lot lines, shall be at least six (6) feet from any other structure, and
shall not exceed twelve (12) feet in height. With the exception of the solar
panels, any solar heating or cooling unit shall be screened from pc street
view. An application for a Solar Unit that does not meet the above
requirements may be appealed to granted by the Town Council by Special Use
Permit only.
***
Section 5.09 Walls and Fences
***
B. When not located in any required building setback area, an arch in a
facade wall may be placed in front of the front plane of the primary
principal structure building at a height not to exceed twelve (12) feet
and a width not to exceed ten (10) feet. One arch, not exceeding twelve
(12) feet in height and ten (10) feet in width, may be located along the
side or the rear of the primary principal structure building if it is not
located in the side (interior or street) and required rear yard setback
areas.
I
I
I
U
Chapter 10
SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS: R1-190, R1-43,
R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A
***
10.02.A.13. Guest Houses, attached or detached, provided that:
a. The Structure structure must conform to all minimum setback
requirements.
b. An attached Guest House may be located in front of the primary
principal structure building if the Guest House is attached by a four (4)- foot
wide common wall or doorway.
c. A dctachcd Guest House-structure e must be located no further in front
of the main structure
d c. gay Shall not exceed thirty (30) percent of the square footage of
the footprint of the livable area of the primary structure principal building.
mod. Shall not exceed fifteen (15) feet in height.
f: e. An detached attached Guest House shall not contain any of the
following:
1. An attached garage.
2. Kitchen facilities (oven or stove).
g:f. Must be connected to primary principal structure's building's
utilities, and shall not have two-hundred-twenty (220) volt electrical
service to any part or common wall, with the exception of a hardwired
air conditioning unit.
19,g_ MayShall not be used for any commercial or non-residential uses.
***
Section 10.03 Uses Subject to Temporary Use Permit
***
A. Day Care Center for the Care of More Than Five (5) People:
***
r►- 8. No playground equipment and ornamental figures or designs
denoting a Day Care Center shall be allowed in front of the house line.
S
Chapter 15 MOBILE HOME ZONING DISTRICT
***
Section 15.03 Uses Subject to Temporary Use Permit A. Day Care
Center for the Care of More Than Five (5) People:
***
8. No playground equipment, ornamental figures, or designs denoting a Day
Care Center shall be allowed in front of the house line front plane of the
principal building.
12/12/2018
Ordinance 18-15
Large Accessory Structures
Zoning Case Z2018-18
Current Ordinance:
;,114
• Small Accessory Buildings:
• Less than 120 square feet
• Maximum 12 feet in height
• Cannot be located in front of the principal
structure
• Can be located no closer than 3 feet from side
and rear lot lines
• DO NOT REQUIRE A BUILDING PERMIT
1
12/12/2018
Current Ordinance:
PM"'IN • Large Accessory Buildings:
• Not allowed within any setback
• Not allowed in front of the principal
building
• Maximum 15 feet in height
• Maximum 30%of the floor area of the
livable space of the principal building
• No kitchen facilities(oven/stove-220V)
• GUEST HOUSE:Cannot have separate
garage
• REQUIRE A BUILDING PERMIT
z.
toll ; Issues:
• Corner lots:
• House Orientation
z
O 3
z
STREET SIDE
bA
Right-of-way
2
12/12/2018
<°" s
`"' By Zoning Definitions
SIDE
REAR FRONT
co
L. 3
STREET SIDE
on
Right-of-way
to q Perception
{boa s r�
REAR
SIDE S )E
a
FRONT
on
ix
Right-of-way
• No Accessory Buildings in front of the Principal Building
• Rear yard setback is in most cases 20-25 feet,whereas side is
5-7 feet
• 13-20 feet along rear not able to construct LARGE
ACCESSORY BUILDINGS
3
12/12/2018
Street side plane of
principal building on Small
corner lots accessary
building
Property line ' 3'Min
See Section G.3.for T.±
�-T! ±:f
bane1.. . 3'Mn
• ■■ ■
I 1 I
■▪ 11 ■
Minimum i I I ! I I
4 \\\>
betwbuildingseen-- ■ �- -- I— I 1 I - - I _Front Plane of
principal building
1 I
w • I 1 1 ■
11
v i ----1- - Large accessary
Front plane of _-_�___ 1 _ / _ I I 11 building
principal building • I
I
�I �—Setback line
Street
01„ �* Street side plane of
4°-'/ ` principal building on
° r corner lots
Fes.-- I Side Yard Setback Line
Propei.;line
44.6 le■ S See Section G.3.for
large accessary
buildings In rear yard-- �---• ---•�
set
• Only in R1-10 or lots
on comer • •
• _ 1
smaller Zoning — 1
Districts Rear Yard Setback Lines ( '
• I
• 1
• Only detached large I
I
accessory buildings Minimum •
six feet ii 1
between - I
• Only on corner lots buildings
• Must meet side yard • •
setback for that Front plane of -- I
principal building
Zoning District ••
St
4
12/12/2018
°` Issues: REAR
IZZi;IT"
House location on property
• ,
SIDE® Casita/Guest House
Detached Garage
Workshop 1
Accessory Buildings (Large or
Small) not allowed in front of
the Front Plane of the - MN
Principal Building FRONT
Right-of-way
3
' 4‘ Issues: REAR
I
SIDE
ova
III SIDE
I
I
I
FRONT
Right-of-way
5
12/12/2018
:,o- ,\-4 Issues. REAR
v ,a I
I — . '
I I
SIDE I I
11,
I I
I (I I
I I
I I
( FRONT
Right-of-way
--
Street side plane of
principal building on Small
corner lots necessary
bwr:vg
.—arty Ilne �3'Min
See Section G.3.for Seth:_k line
i.........Urge accessary •_`•
buildings In rear yard- --- -, 3'Min
setbacks on corner 1 j ■
lots 1 1 ■
I '. —X— 1
1 III ■
Minimum i I I I II 441 , I
six feet `dRia I 1 I ■ Fran plane of
buildings I — I
between I I rincpal building
■--�I
Front plane of ii _ —I I I I i� I irge accessary
wilding
principal building ■ I _ —
•
■ 1 ■
—..�...1..I...v..�...�•
-Setback line
I..
Street
6
12/12/2018
ice` ''
I
�
ki Small
� d accessary
°+.r�r,.> (building Front Plane
' -► 3'Min of Principal
Setback line
Building
�• 3'Min
IL
root planeofI1 principal building cannot face a street
• Must match colors
----____
Large accessary and materials of
Ibuilding Principal Building
: • Must be completely
I. —Setback line enclosed
street
O' ry
I
MI )
p.b17
SIDE
1--
5
LL N
STREET SIDE O
4,
.c
to
iR
Right-of-way
7
12/12/2018
lams 110!
SIDE
>-L
STREET SIDE 9
E2
Right-of-way
•I\
.10
SIDE
0
cc
STREET SIDE 9
-C
110
EL.
Right-of-way
8
12/12/2018
42 Planning & Zoning Commission
Recommendation :
The Planning & Zoning Commission moved to
forward a recommendation to the Town Council to
approve the proposed Zoning Ordinance text
amendments as presented with an
recommendation that the Large Accessory Building
located in front of the Principal Building be the
same color as the Principal Building; and
no rooftop equipment be located on Large
Accessory Buildings
•
_,.�. ..= Staff Recommendation :
The Planning & Zoning Commission forward a
recommendation to the Town Council to approve
the proposed Zoning Ordinance text amendments
as presented.
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