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HomeMy WebLinkAboutPZ.2018.0322.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING&ZONING COMMISSION March 22,2018 Chairman Amberleigh Dabrowski opened the meeting at 6:00 p.m. ROLL CALL: The following Commissioners were present: Chairman Amberleigh Dabrowski, Vice-Chairman Susan Dempster. Commissioners: Mathew Boik,N'Marie Crumbie, Eric Hansen and Scott Schlossberg. Also in attendance were Bob Rodgers, Development Services Director,Marissa Moore, Senior Planner and Paula Woodward, Executive Assistant and Recorder of the minutes. Commissioner Christopher Jones was absent. Chairman Amberleigh Dabrowski requested participation in the Pledge of Allegiance and a moment of silent reflection. Chairman Dabrowski welcomed the new commissioners and thanked all commissioners for their time and service.Chairman Dabrowski reviewed her expectations of the commissioners. CALL TO THE PUBLIC Chairman Dabrowski asked if there were any requests to speak and the Recorder Paula Woodward answered there were no requests. (111W AGENDA ITEM # 1 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING COMMISSION MEETING MINUTES DATED February 22,2018 . Vice-Chairman Dempster MOVED to APPROVE the meeting minutes dated Thursday, February 22, 2018 as written. Commissioner Hansen SECONDED and the MOTION CARRIED UNANIMOUSLY 6/0. AGENDA ITEM # 2 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW VERIZON WIRELESS TO INSTALL A CELLULAR ANTENNA WITH ASSOCIATED ROOF-MOUNTED EQUIPMENT TO BE 2-FEET 4-INCHES ABOVE THE MAXIMUM ALLOWED HEIGHT OF 54 FEET AT 16845 E. AVENUE OF THE FOUNTAINS. CASE#SU2018-01 Chairman Dabrowski opened the public hearing at 6:03 p.m. Marissa Moore, Senior Planner,presented a staff report and a PowerPoint presentation, (Copy is on file in the Development Services Department) on the details of an application submitted by Shirley Koehane for Verizon Wireless. Ms. Moore explained Verizon Wireless would like to install three new wireless structures on the roof of Park Place Building D, (16845 E. Avenue of the Fountains). Two of the towers are under the maximum height limit of fifty-four feet and the one tower exceeds the maximum allowed height by two feet, four inches. Since the maximum height allowed is fifty-four feet, a Special Use Permit is required. The proposed tower is fifty-six feet and four inches. The equipment cabinet would be no more than one hundred twenty square feet and eight feet in height. The applicant is requesting the equipment cabinet be located on the roof. Ms. Moore showed slides of the property and where the wireless facilities and equipment cabinet would be located on the Park Place, Building D. One facility would be located at the southwest corner, one facility would be located at the northwest corner and the facility exceeding the height maximum, (requiring the SUP) would be located at northeast corner of the Page 1 of 6 Park Place, Building D. Ms. Moore concluded that staff recommends that the Commission forward a recommendation to the Town Council to approve the Special Use Permit and allow a cellular wireless facility to be two feet, four inches above the maximum height limit of fifty-four feet to be installed on the rooftop at 16845 East Avenue of the Fountains as depicted in the site plan submitted with the request, with the stipulation that all three(3)wireless facilities are screened on all four(4)sides. Shirley Keohane, Site Acquisition Specialist with Velocitel, on behalf of Verizon Wireless, addressed the Commission regarding the application for wireless structures. She said they want to provide for the town and community and met the needs of the community. As the community grows the wireless structure resources are strained. By adding these structures the community benefits with more wireless availability. Verizon Wireless is requesting to place the equipment on the rooftop with one cabinet shielded behind an enclosure. This is not visible from the ground. The paint will match the existing color. Ms. Keohane said that from the ground no noise would be heard. There will not be a generator. However, a generator plug will be installed in the parking garage for emergency use only. Chairman Dabrowski asked for speaker cards and Recorder Paula Woodward answered there is one speaker card from Ms.Andi Bell. Andi Bell, a Fountain Hills resident, stated that she lives within eyesight of the entire project. Ms. Bell requested a detailed explanation especially on one particular structure that would be closest in view of her location. Ms. Bell expressed concern about the sound and noise from the installation of wireless structures. Ms. Bell asked if the plan for the wireless structures were part of the original building submittal. Chairman Dabrowski closed the public hearing at 6:17 p.m. AGENDA ITEM # 3 — CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO 111) ALLOW VERIZON WIRELESS TO INSTALL A CELLULAR ANTENNA WITH ASSOCIATED ROOF-MOUNTED EQUIPMENT TO BE 2-FEET 4-INCHES ABOVE THE MAXIMUM ALLOWED HEIGHT OF 54 FEET AT 16845 E. AVENUE OF THE FOUNTAINS. CASE # SU2018-01 Ms. Moore said the wireless structures were not part of the original building plan submittal. The two structures would not require a Special Use Permit but would require a building permit,which has not been submitted. The third structure would require a Special Use Permit because it exceeds the maximum allowed height. Vice-Chairman Dempster asked for clarification on the height of Park Place and the additional height total with the structure. Mr. Rodgers explained the maximum height of Park Place is fifty-four feet measuring top of parapet at the downhill part of the building. The top end of the building is sunken in to the ground making it a level pad. Ms.Moore said the staff report contains the site plan showing the elevations. Vice-Chairman Dempster said that the narrative states the noise will be less than 50 decibels and references a report but was unsure how to interpret the report. Ms.Keohane said there were no audio specs for the project. She inquired with an engineer and he told her they do not list the sound. The engineer told Ms. Keohane that the audio noise is so within most jurisdictions requirements they are not contained in the reports. She apologized if she mislead the Commission. She stated from her own experience she has not heard sound on similar projects. She Page 2 of 6 provided a handout to the public and the Commission regarding Verizon Wireless (on file in the Development Services Department). Commissioner Hansen asked if this was part of the approved Development Agreement. Ms. Moore replied the cell structures were not part of the Development Agreement. The public Wifi was a requirement in the Development Agreement. The cell towers are not necessary to provide the public Wifi. Commissioner Boik asked if the structures would need to increase height to accommodate future needs. Joshua Smith, Radio Frequency Engineer, said that once the wireless structures are built, this site would not require additional height to the structures. Mr. Smith referenced an item from the packet which displayed plotting of the sector before and after area coverage. The slides displayed marginal coverage in yellow and good coverage in green. Chairman Dabrowski asked for an explanation of"good" verses "marginal." She also asked about how many users will be affected by the improvement in coverage. Scott Sanchez,Verizon Radio Frequency Engineer, explained as more users come into an area or there are users with more data hungry applications, even though there is a good signal in the area, those users are using more RF resources so the data rates vary. As people use more data, the data rates go down even though looking at your phone the signal bar is good. The good and marginal is a representation of what the data rates would look like as traffic increases in the area. The evaluation of the site takes into account future uses such as future population.Not only is the site evaluated but also the entire surrounding service area. Chairman Dabrowski asked why there needs to be three structures? Is it possible to utilize only the two structures that do not go beyond the height restrictions? Mr. Sanchez replied that the standard design criteria is three sectors per site. Dividing a site into slices allows each slice to have individual dedicated resources. This allows more coverage. All three structures are identical. Chairman Dabrowski asked about the structures engineering withstanding extreme weather. Mr. Sanchez answered that every Verizon site built has to pass the city's requirements and also,there are requirements for wind loading and similar things of that nature. Commissioner Hansen, asked were other sites considered for the third tower placement? Mr. Sanchez answered that there were other sites looked at but they were too cost prohibitive, the locations did not work with the surrounding buildings or the landlord was not interested. Mr. Smith clarified that the beta sector is the structure with the height difference. This structure is located in the northeast corner of building D. Chairman Dabrowski stated that she is not comfortable with approving or providing a positive recommendation on the two feet, four inches exceeding the maximum height."I want this to be successful but I would like to see something more reasonable and within the height restriction." Ms. Keohane said originally that they introduced a flush mount, but the building on the south would Sa., hamper the use as well as the building closest to the Fountain Park. This site has been reviewed in detail to see if there was another possibility without asking for the height increase. Page 3 of 6 Chairman Dabrowski expressed concern regarding the noise level since it is so close to residents living at the property and residences located near the property. ito` Vice-Chairman Dempster expressed concern about how the noise of the structures would affect outdoor activities and areas. She emphasized the pool area and individual outdoor balconies located throughout the property. Ms. Keohane said they have taken all of that into consideration and there will be no noise heard. The cabinet is heavily insulated. Mr. Rodgers asked if it was possible to move the structure to the interior roof area? Mr. Sanchez said if the antenna's were moved an effect called "shadowing" would occur which would hinder the use. This is a known fact so the interior locations were never considered. Flush mount is the ideal placement or at the outer rooftop edge. Ms. Keohane said the height of this building is more desirable. The antennas would not have any interference. She said in the past other locations were considered. She listed Town Hall, Bashas, Mods for Rods, and the Antique Store as alternative places.None of these locations worked out. Chairman Dabrowski asked what was the challenge for Town Hall. Ms. Keohane said that one of the stipulations was to line all sides of the roofetop with matching screens. This was cost prohibitive so they were not able to move forward. Commissioner Hansen asked if the applicants can provide color stimulations for the Town Council. Chairman Dabrowski made a motion to continue the item until the applicant resubmitted a new design that met the height requirement of fifty—four feet. Mr. Rodgers said if the height requirement was met with the new design it would not need to go back before the Planning and Zoning Commission. Chairman Dabrowski MOVED to recommend to the Town Council to deny the Special Use Permit and not allow a cellular wireless facility to be two feet four inches above the maximum height limit of fifty-four feet to be installed on the rooftop at 16845 East Avenue of the Fountains and Vice Chairman Dempster SECONDED and the MOTION CARRIED UNANIMOUSLY 6/0. AGENDA ITEM # 4 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE #18- 02, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 7, SECTION 7- 6-1(B), AND CHAPTER 11, SECTION 11-1-7(I)(2), BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. CASE#Z 2018-01 Chairman Dabrowski opened the public hearing at 7:00 p.m. Bob Rodgers, Development Services Director, explained to the Commission that Ordinance 18-02 is primarily a housekeeping measure. He said The Fountain Hills Noise Ordinance was overhauled in 2016 and for the most part, it's been fine and there have been few problems with administration or enforcement. Cr. Mr. Rodgers stated that over the last two years staff has received some feedback. That feedback has resulted in this proposal to amend Sections 7-6-1 and 11-1-7.I.2 of the Town Code so that the start times, Page 4 of 6 and end times, for Construction activities and Lawn Maintenance activities are made consistent. The current ordinance only addresses the start and stop times of Construction Activities. The times are 5:30 0 a.m. through 6:30 p.m. for the summer half of the year and 6:00 a.m. through 7:00 p.m. for the other half of the year. Saturday hours are between 7:00 a.m. through 5:00 p.m. No work is permitted at all on Sundays and Holidays. Mr. Rodgers said due to numerous complaints received over the past couple years regarding lawn maintenance activities on golf courses starting very early, and well before dawn, the amendment being proposed will add a similar restriction to Lawn Maintenance activities. In order to maintain some consistency, and hopefully avoid some confusion, the start and stop times for both construction and lawn maintenance activities are being made the same. The hours are: Winter(SEP-MAR)hours will be 6:00 a.m.—7:00 p.m. Summer(APR-AUG)hours will be 5:00 a.m. —7:00 p.m. Saturdays stay the same(all year)and will be 7:00 a.m.—5:00 p.m. Holidays& Sundays stay the same-No work. Mr. Rodgers concluded that staff believes this amendment addresses the concerns of the residents regarding early morning lawn maintenance noise as well as addressing the consistency issue of the start and stop times. Staff recommends that the Planning and Zoning Commission forward a recommendation to approve Ordinance 18-02 as presented. Chairman Dabrowski closed the public hearing at 7:02 p.m. AGENDA ITEM # 5 - CONSIDERATION OF ORDINANCE #18-02, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 7, SECTION 7-6-1(B), AND CHAPTER 11, SECTION 11-1-7(1)(2), BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. CASE#Z 2018-01 Commissioner Hansen asked about the one hour difference during the summer and winter hours. Chairman Dabrowski asked if the complaints were from residents. Mr. Rodgers said the complaints were from the residences along the golf course, primarily Eagle Mountain Golf Course.The complaints were about mowers starting around 4:00 a.m. Vice Chairman Dempster asked about the quantity of complaints. Mr. Rodgers replied the complaints received from Eagle Mountain were a half dozen and two or three from Sunridge Canyon.There were no complaints from Firerock and Desert Canyon. Vice Chairman Dempster commented that when you live on a golf course there is an expectation of hearing and seeing maintenance and the occasional golf ball in the yard. In response to Commissioner Hansen Mr. Rodgers said he does not believe the stop times would be an issue, it's usually the start times. Mr. Rodgers replied that the number of complaints were relatively small in relation to the amount of homes located on the golf courses in town. Vice-Chairman Dempster MOVED to forward a recommendation to the Town Council to approve Ordinance #18-02, revising the provisions related to noise in Chapters 7 and 11 of the Fountain Hills Page 5 of 6 Town Code as presented. Commissioner Hansen SECONDED and the MOTION CARRIED UNANIMOUSLY 6/0. `... 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 Dabrowski adjourned the meeting at 7:11 p.m. FOUNTAIN HILLS PLANNING&ZONING COMMISSION BY: Chairman Amberleigh Dabrowski Acyciak,EST: 044se Paula Woodward,Executive Assistant IL 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 22nd day of March, 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. fa4 likin-Aswitk4 Paula Woodward, Executive Assistant S Page 6 of 6 Paula Woodward From: Marissa Moore ent: Monday, March 26, 2018 5:51 PM moo: Robert'Bob' Rodgers Cc: Paula Woodward; Mitesh Patel Subject: Verizon SU Permit hearing -going back to PandZ Bob— I had several conversations today with the applicant and Town Attorney and we have come to the conclusion that the SUP request needs to go back before P&Z because the SUP is based on two issues: 1. It exceeds the maximum height allowed in the zoning district and 2. It is within 300 feet of a residentially-zoned and platted property. While both of these were spelled out in the staff report, it was discussed differently in the Public Hearing.The P&Z voted to recommend denial of the project rather than stick with their original motion to continue it, based on staff telling them if the project met the height requirements it would not go back before them.This is not true, because the project still does not meet requirement 2 above and in actuality all three structures require a SUP. Mitesh said that while one thing was said in the meeting, the Zoning Ordinance requirements for wireless facilities and the Special Use Permit process take precedence, and moving the item to TC without rectifying this can set a precedence of NOT following our ZO, and could look like we are showing favoritism. I am drafting a letter to go to the P&Z Commissioners explaining this issue as a correction and that the item needs to go back before them. Mitesh will review this letter before it is sent. I have also informed the applicant of this process and they will receive a copy of the letter. (It itesh, please correct me if what I'm saying is not accurate. Marissa Moore, AICP Senior Planner Town of Fountain Hills �! 16705 E.Avenue of the Fountains 4 Fountain Hills,AZ 85268 --- 1 mmoore@fh.az.gov Direct: 480-816-5139 '""" Fax: 480-837-3145 Mon.-Thurs.,7 am-6 pm Closed Fridays (kw Paula Woodward From: Paula Woodward 9nt: Monday, April 9, 2018 2:41 PM `moo: Planning &Zoning Commission; Mayor&Town Council Cc: Robert'Bob' Rodgers; Marissa Moore; Paula Woodward Subject: FW: Verizon Special Use Permit Application Forwarding From: Marissa Moore Sent: Monday, April 9, 2018 2:37 PM To: Paula Woodward Subject: FW: Verizon Special Use Permit Application Per Mr. Spalding's request,can you please forward this to the P&Z Commissioners and Town Councilpeople? Thank you, Marissa Moore,AICP Senior Planner Town of Fountain Hills e04 x,,,, 16705 E.Avenue of the Fountains +47,""' , Fountain Hills,AZ 85268 !hr 2 tI mmoore©fh.az.gov ,zi. 'fir Direct: • 480-816-5139 Fax:480-837-3145 Mon.-Thurs.,7 am-6 pm Closed Fridays From: Arthur C. Spalding [mailto:acs@grlaw.com] Sent: Monday, April 9, 2018 13:02 To: Marissa Moore Subject: Verizon Special Use Permit Application Marissa Moore: Thank you for taking the time to help me understand the proceedings involving the request of Verizon for wireless antennas on one of the new buildings along Avenue of the Fountains. Would you please provide a copy of this email to the members of the Planning & Zoning Commission and the members of the Town Council. L 1 . My wife and I have owned property in Fountain Hills since 1998 and completed the construction of a home in 2005. We are not permanent residents of Fountain Hills but spend nearly 6 months of each year here. Because of our need for internet service in locations other Lhan Fountain Hills, we have discovered that the best way to obtain internet access in multiple locations is to have it provided by a wireless carrier. We have used Verizon for many years. We are just able to get by in Fountain Hills, on the back side of a ridge, with download speeds between 3 and 4 mbps, even though I have tested other locations in Fountain Hills and observed download speeds in excess of 35 mbps in some areas. I have had many conversations with Verizon techs over the years. About 3 years ago, I was informed by a Verizon tech that Verizon needed to add towers/antennas in Fountain Hills because of the topography and volume of use. He said it would happen in a year, but that obviously didn't occur. You may not have had much feedback from users of Verizon wireless internet service, but let me assure you that the proposed antennas on the building along Avenue of the Fountains are badly needed by some users. I was also informed by a Verizon tech just today that our service is provided over the tower/antenna best able to provide us with service, even if the tower/antenna is maintained by a different provider such as AT&T. Thus, it is clear to me that the service and the service location proposed by Verizon is essential to some residents of Fountain Hills. Section 17.01 of the Fountain Hills Zoning Ordinance provides that one of the goals of the ordinance is to: "(7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently." I have also observed that Section 5.07. B. 6 of the Fountain Hills Zoning Ordinance provides that: Leight regulations established elsewhere in the ordinance shall not apply to towers and antennas approved in accordance with the requirements and provisions stated in Chapter 17 of the ordinance. The proposed location of the antennas is, of course, on the roof of residential apartments, however, the surrounding area and the ground floor of the building are devoted to commercial use. Given what I believe is the demonstrated need for these new antennas, I urge the Planning & Zoning Commission and the Town Council to approve the request of Verizon. Art Spalding 11637 N. Sycamore Drive 616-260-5203 Arthur C. Spalding Attorney&Counselor rhoades mckee attorneys `r,,..el: 616.233.5111 Fax: 616.233.5269 Email:acsqrlaw.com 2 55 Campau Avenue NW, Suite 300 Grand Rapids, Michigan 49503 rhoadesmckee.com II ® ® CONFIDENTIALITY NOTICE: This message and any attachment contain attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. If you have received this message in error, please notify us immediately by return email and delete this message and any attachment from your system. (11W 3 �1`TAINIl 7I? O o REGULAR MEETING NOTICE C —e OF THE 9ll that is No' PLANNING AND ZONING COMMISSION Commission Members: Chairman Amberleigh Dabrowski, 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 March 22, 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,MARCH 22,2018 WHERE: TOWN HALL COUNCIL CHAMBERS 16705 EAST AVENUE OF THE FOUNTAINS 411, 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 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, u will be asked to leave. Planning and Zoning Commission Agenda Page 1 of 3 CALL TO ORDER AND PLEDGE OF ALLEGIANCE— Chairman Amberleigh Dabrowski L.MOMENT OF REFLECTION— Chairman Amberleigh Dabrowski ROLL CALL— Chairman Amberleigh Dabrowski 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 ITEM(S) 1. CONSIDERATION of APPROVING the Planning and Zoning Commission Regular Meeting Minutes from January 25,2018. 2. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a cellular antenna with associated roof-mounted equipment to be 2-feet 4-inches above the maximum allowed height of 54 feet at 16845 E.Avenue of the Fountains. Case#SU2018-01 3. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a cellular antenna with associated roof-mounted equipment to be 2-feet 4-inches above the maximum allowed height of 54 feet at 16845 E.Avenue of the Fountains. Case#SU2018-01 4. PUBLIC HEARING to receive comments on ORDINANCE #18-02, amending the Town of Fountain Hills Town Code, Chapter 7, Section 7-6-1(B), and Chapter 11, Section 11-1-7(I)(2), by revising provisions related to noise violations. Case#Z 2018-01 5. CONSIDERATION of ORDINANCE #18-02, amending the Town of Fountain Hills Town Code, Chapter 7, Section 7-6-1(B), and Chapter 11, Section 11-1-7(I)(2),by revising provisions related to noise violations. Case #Z 2018-01 6. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 7. REPORT from Senior Planner. 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. Planning and Zoning Commission Agenda Page 2 of 3 DATED this 13th day of March 2018. By: Ro d e. 'od• ' s, 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." 1 1 1 4 Planning and Zoning Commission Agenda Page 3 of 3 .e/AIN�� TOWN OF FOUNTAIN HILLS 5 X Planning and Zoning . Board of Adjustment ',''�.t-....,.is ,goo AGENDA ACTION FORM Meeting Date: March 22,2018 Meeting Type: Regular Agenda Type: Regular Submitting Division: Development Services Staff Contact Information: Robert Rodgers, Development Services Director REQUEST TO PLANNING & ZONING COMMISSION: CONSIDERATION FOR APPROVING THE PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES FROM January 25, 2018. Applicant: N/A IApplicant Contact Information: N/A Property Location: N/A Lelated 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 IFiscal Impact (initial and ongoing costs; budget status): N/A Recommendation(s): Approval I Staff Recommendation(s): Approval SUGGESTED MOTION: Move to Approve the Planning & Zoning Commission Regular Meeting Minutes dated January I 25, 2018, as presented. Attachment(s): N/A I WCIAA1- bmitt b�y:�� Approved" 1 03/13//2018 03/13/2018 Paula Woodward, Executive Assistant Date Rob s, opment Services Director Date Page 1 of 1 AIN4ril TOWN OF FOUNTAIN HILLS Lir X Planning and Zoning . Board of Adjustment 0.4 'bat is AP' AGENDA ACTION FORM Meeting Date: March 22, 2018 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner, 480-816-5139, mmoore@fh.az.gov REQUESTS TO PLANNING & ZONING COMMISSION: PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a cellular antenna with associated roof-mounted equipment to be 2-feet 4-inches above the maximum allowed height of 54 feet at 16845 E Avenue of the Fountains. Case# SU2018-01 CONSIDERATION of a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a cellular antenna with associated roof-mounted equipment to be 2-feet 4-inches above the maximum allowed height of 54 feet at 16845 E Avenue of the Fountains. Case# SU2018-01 Applicant: Shirley Keohane for Verizon Wireless Applicant Contact Information: 2350 E German Rd, Ste. 26 Chandler, AZ 85286 (480) 254-9371 Owner: RCS-Park Place 1 LLC - Jay Northrop Owner Contact Information: 371 Centennial Blvd, No. 200 Louisville, CO 80027 (602)980-7789 Property Location: 16845 E Avenue of the Fountains Fountain Hills, AZ 85268 APN 176-25-641 Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 2, Section 2.02 Special Use Permits Fountain Hills Zoning Ordinance Chapter 17 Wireless Telecommunications Towers and Antennas L Verizon Wireless- 16845 E Avenue of the Fountains 2/22/2018 Staff Summary(background): The Verizon Wireless site is located on the roof of Park Place, Phase 1 at 16845 Avenue of the Fountains, The development Agreement between The Town of Fountain Hills and N-Shea Group, LLC and Park Place roperties, LLC ("Park Place DA"), requires public Wi-Fi service be installed as part of the project. The proposed antennas (one of which requires a Special Use Permit) would include public Wi-Fi as a component of the installation, though would not be the primary purpose of the tower. The placement of the proposed wireless facilities is part of a plan to install three (3) antennas with associated screens on the roof of Park Place 1 Building D. The maximum allowed height for the Park Place Development is 54 feet, which includes all equipment, parapets/screens. The requirement for the approval of a Special Use Permit for this one antenna is due to the antenna and screen on the southeast corner of Building D (identified as "Verizon Sector Gamma" on the site plans) exceeding this maximum allowed height. The proposed wireless antenna and screen is 2-feet 4-inches above this maximum allowed height, and is proposed to be 56-feet 4-inches from existing grade. The applicant states the Project Objectives in their narrative: There is a drop in coverage and data capabilities in this area, and this Wireless Communications Facility will service the surrounding areas and fill in the gaps in coverage. This facility will augment and improve both wireless voice, data and internet related services to the Fountain Hills community further enhancing the attractiveness of Fountain Hills to future residents, businesses and visitors/tourists. RANTING SPECIAL USE PERMITS FOR TOWERS: addition to any standards for consideration of special use permit applications pursuant to Chapter 2 of the Zoning Ordinance, the Town Council should consider the following factors in determining whether to issue a Special Use Permit. The Planning &Zoning Commission may make specific recommendations regarding any of these items. The Town Council may waive or reduce one or more of these criteria if they conclude that the goals of the Town are better served by doing so. Section 17.06.B.3 of the Zoning Ordinance specifically outlines the factors to be considered when reviewing applications for towers. Factors Considered in Granting Special Use Permits for Towers. In addition to any standards for consideration of special use permit applications pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance, the Town Council shall consider the following factors in determining whether to issue a special use permit, although the Town Council may waive or reduce the burden on the applicant of one or more of these criteria if the Town Council concludes that the goals of this ordinance are better served thereby: a. Height of the proposed tower; The proposed antenna and screen is 56-feet 4-inches. This exceeds the 54' height limit established in the Park Place DA. by 2-feet 4-inches. This requirement may be waived for communication towers as part of the Special Use Permit by the Town Council when deemed appropriate. 11111 Staff Staff believes that the height of the tower will not create undue physical effects on the town. The southwest corner will be visible from ground level on E Paul Nordin Parkway and the properties immediately adjacent to the south, N Verde River Drive to the west, and may be Page 2 of 5 Verizon Wireless-16845 E Avenue of the Fountains 2/22/2018 visible from the Town Civic Center. From higher elevations to the south, specifically along E El Lago Boulevard, the facilities would be visible on the roof This may have aesthetic affects on the 411 nearby properties. Staff has required that the facilities be fully screened (on 4 sides) to reduce any visual effects. The zoning ordinance requires that any tower be constructed so that its "fall down"distance(equal to the height of the tower) is entirely contained within the boundaries of the property it is located on. This is a precaution against the tower damaging adjoining properties or structures should it fall. This requirement may be waived as part of the Special Use Permit by the Town Council when deemed appropriate. Staff The antennas are on the roof behind a screen of equal height. If they were to fall, they would fall onto the roof or the screen structure. b. Proximity of the tower to residential structures and residentially zoned district boundaries; The zoning ordinance requires that any tower within 300' of residentially zoned property receive Special Use P-unit approval from the Town Council. Staff The antenna is on top of a residential building. However, the facility is designed to have little to no impact on the health of residents. The noise will be less than 50 db, and a report entitled "Evaluation of Human Exposure to Radio Frequency Emissions" (see attached) show the proposed facilities are compliant with FCC Guidelines. c. Nature of uses on adjacent and nearby properties; II The properties immediately adjacent to this location are multi-family residential, mixed use, assisted living, and public parking. Staff Because this facility would help to satisfy part of the Park Place DA requiring public Wi- Fi, it is not unexpected that this would be located on the roof of the Park Place mixed use (commercial and residential)structure. d. Surrounding topography; The surrounding topography has a relatively level grade(a region that lacks appreciable topographic relief) Staff Staffs opinion is that the topography will not affect the tower placement, and in fact was taken into consideration to determine the topography at this location is suitable for this facility. e. Surrounding tree coverage and foliage; There is currently no tree coverage or foliage within the parcel. There is foliage and tree coverage across Avenue of the Fountains, but not to the rear or side of the property, and not on the roof where this antenna will be located. Staff The applicant is strongly encouraged to design the facilities so that the screen enclosures will prevent the antenna from being visible from the ground and surrounding properties. 1111 f. Design of the tower,with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; Page 3 of 5 Verizon Wireless- 16845 E Avenue of the Fountains 2/22/2018 The plans presented with the Special Use Permit application show the matching the same design characteristics (color, style, and materials) as the existing building. • Staff The design, materials, and colors are proposed to match the existing building. Because of the topography in the area, the homes located to the south are much higher in elevation and would be able to see the antenna if they are not enclosed on all 4 sides. Staff advised the applicant of this concern. Applicant: "This request has been submitted and is under review. " g. Proposed ingress and egress; The proposed antenna is located on the roof and access to the roof is from inside the building. The antenna will be in an enclosure with a door. Staff The proposed facility has good access and egress. h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 17.06(B)(4); Section 17.06.B.4 specifically relates to the construction of new towers where none previously existed. In such cases the town should require proof that other less-obtrusive options are not available. Staff Staff requested a response to this consideration from the applicant. Their response is as follows: • A comprehensive evaluation has been completed- by driving, actually accessing rooftops, and experienced Site Acquisition review- and determined there are no existing towers or structures located within the geographic area that would meet the engineering requirements. There are no co-locatable opportunities in the search area. Regulations by the FCC do not allow interference and Verizon adheres to those standards. Section 17.08 Buildings or Other Equipment Storage A. Antennas Mounted on Structures or Rooftops: The equipment cabinet or structure used in association with antennas shall comply with the following: 1. The cabinet or structure shall not contain more than one hundred-twenty(120) square feet of gross floor area or be more than eight(8) feet in height and shall be located on the ground. Staff The structure has a footprint of 10-feet by 10-feet (100 square feet). The equipment cabinet is proposed to be 32-inches by 48.78 inches (10.84 square feet) and 7.1 feet in height. The equipment cabinet is proposed to be located on the roof along with the wireless structures. While the code states it is to be located on the ground, the applicant states this is not feasible for this particular location. They are requesting the equipment cabinet be located on the roof as part of their Special Use Permit. 2. Equipment storage buildings or cabinets shall comply with all applicable building codes. Staff As part of the building permit review, staff would ensure the structures are in compliance with all building codes. *sk Analysis (options or alternatives with implications): NA Fiscal Impact(initial and ongoing costs;budget status): NA Page 4 of 5 Verizon Wireless- 16845 E Avenue of the Fountains 2/22/2018 Staff Recommendation(s): ditaff recommends that the Commission forward a recommendation to Town Council to approve the Special Use ermit and allow a cellular wireless facility to be 2-feeet 4-inches above the maximum height limit of 54-feet to be installed on the rooftop at 16845 E Avenue of the Fountains as depicted in the site plan submitted with this request, with the stipulation that all three(3)wireless facilities are screened on all four(4) sides. SUGGESTED MOTION: Move to forward a recommendation to the Town Council to approve the Special Use Permit and allow a cellular wireless facility to be 2-feeet 4-inches above the maximum height limit of 54-feet to be installed on the rooftop at 16845 E Avenue of the Fountains as depicted in the site plan submitted with this request, with the stipulation that all three(3) wireless facilities are screened on all four(4) sides. Attachment(s): Application Applicant's Narrative (16 pages) "Evaluation of Human Exposure to Radio Frequency Emissions" (3 pages) Plans (6 pgs) Fountain Hills Sanitary District Review Response Letter bnutted by: Approved by: M ssa Moore, AI 03/05/2017 Robert dgers 3/5/2017 Senior Planner Deve1 ment Services Director • Page 5 of 5 01 -11 - 8PO4 :40 'D . CkT A!N kf DO Not write in this space —official use only O 4 •Ce Filing Date 1l4� Iz Accepted By Paotk,v300 z :'... ' t Fee Accepted 6 Sba.'0 0 V1 Case Manager Rilti 5A, Pl,o that is xv‘" The Town of Fountain Hills PLANNING & ZONING DEPARTMENT - APPLICATION — Abandonment (Plat or Condominium) _ Appeal of Administrator's Interpretation Area Specific Plan &Amendments _ Concept Plan Condominium Plat Cut/Fill Waiver Development Agr:ement HPE Change or Abandonment General Plan AmE-idment Ordinance (Text Amendment) Planned Unit Dev:lopment Preliminary / Final Plat Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) I Special Use Permit &Amendments Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee,if applicable) Variance Other PROJECT NAME / NATURE OF PROJECT: LEGAL DESCRIPTION: Plat Name No.208 Block 7 Lot 5 PROPERTY ADDRESS: 16845 E.Ave.of the Fountains FountainHills AZ 85268 PARCEL SIZE (Acres)2.33 ASSESSOR PARCEL NUMBER 176-25-641 NUMBER OF UNITS PROPOSED N/A TRACTS N/A EXISTING ZONING TCCD PROPOSED ZONING TCCD Applicant _ 3 Mrs. Shirley Keohane for Verizon Wireless C. Q d 15 Day Phone 480-254-9371 Mr. Ms. Address: 2350 E Germann Rd.Suite 26 City: Chandler State: AZ Zip: 85286 Email: SKeohane@velocitel.com Owner Mrs. RCS-Park Placel LLC-Jay Northrop4 Day Phone 602-980-7789 Mr. Ms. Address: 371 Centennial Blvd.No 200 City: Louisville State: CO Zip: 80027 If application is being submitted b someone other tha owner of the property under consideration,the section below must be completed. SIGNATURE OF OWNER DATE O/b g I HE EBY ORIZE ...o r-1 i ri `e.01-ma TO FILE THIS APPLICATION. Please Pr ---------------- ubsdr' e this //'2 day of , 20/g" . My Commission Expires / 09 / t P I� MUNIS 1 . +, Caotganna M.SiNas I 1 �►',. Notary Public-Arizona ! APPLICATION # 1)l "i9 Madcopa County 1 _ = My Commission Expires 4 0;,, January 29,2021 ' illvelocitel. vrerizae CW*s1+$3A NF,g10#1t totorions Authorized Agent for Town of Fountain Hills for Review Narrative for a New Verizon Wireless Rooftop Structure Project Narrative PHO Fountains Rooftop Proposal Verizon Wireless is requesting a Conditional Use Permit Project Location: Address: 16845 E.Ave of the Fountains., Fountain Hills,AZ.85268, FOUNTAIN HILLS; LOT 5 BLK 7 PLAT NO 208 APN: 176-25-641 Zoning: TCCD Lot Size: Lot size 101,704 sq.ft. Project Representative Shirley Keohane Verizon Contact Velocitel Chuck Larson 2350 E Germann Rd,Suite 26 126 W Gemini Chandler,AZ 85286 Tempe,AZ 480-254-9371 Project Description The proposal before you today is for a wireless communications facility located upon a new building in development in Fountain Hills. The carrier proposing this facility is Verizon Wireless. Verizon's desire is always to work closely with the local municipality to be a good neighbor. In this case Verizon is proposing rooftop application that will be hidden within a RF friendly camouflage structure. This structure will be designed to completely blend in with the proposed building. Within those structures will be all of the equipment for the facility including 9 Antennas, 12 Remote Radio Units and the radio equipment cabinets. Particular care has been initiated to anticipate the concerns for aesthetics, including working closely with the building architects to design the camouflaging material. Project Objectives There is a drop on coverage and data capabilities in this area, and this Wireless Communications Facility will service the surrounding areas and fill in the gaps in coverage.This facility will augment and improve both wireless voice, data and internet related services to the Fountain Hills community further enhancing the attractiveness of Fountain Hills to future residents, businesses and visitors/tourists. We should also look at the benefits of a rooftop facility 1.)Better reception for calling 2.)E-911 clarity and capacity 3.)Data demands more optimally enhanced 4.)61%of people don't have a landline anymore,and children who have to be alone while their parents are at work,will have the ability to reach out more effectively in an emergency. 5.)Television services,!Pad and Tablet services 6.)Location services(GPS) Arizona I California I Georgia I Illinois I Louisiana I Minnesota I Missouri I New York I North Carolina I Ohio I Oregon I Pennsylvania I Texas I Virginia (110, Proiect Compliance: Camouflaged Wireless Rooftop Communications Facility. Code Compliance: Section 17:04 General Requirements This proposal meets all the general requirements A-P that pertain to this proposal. 1. Section D—Aesthetics—1.)Tower is subject to and complies with FAA, is painted and designed to match existing architecture to reduce visual obtrusiveness. 2.) The design of the building has utilized materials, colors,texture,and screening blending in with the setting and surrounding buildings 3.)The antennas and supporting electrical equipment are closely compatible with the color of the supporting structure to be as unobtrusive as possible,as reflected in the submitted plans. 2. Section F-State and Federal Requirements- All state and Federal requirements will be met 3. Section G-Building Codes;Safety standards:Complied as the CD's will reflect 4. Section H-Measurement:Complies 5. Section K-Public Notice:Special Use request will comply with the 300 ft notification rule and the newspaper filing requirement as provided by the jurisdiction. Completed with the Jurisdiction and the Hearing is set for Feb 22nd 6. Section L-Signs: Not Applicable-Rooftop 7. Section M-Buildings and Support Equipment"Shall comply with Section 17.08 • In compliance with the square footage. With the rewrite of the code, after the project preliminary work,the equipment is depicted on the roof.It is part of the Special Use Permit consideration. 8. Section N-Co-location and Multiple Antenna/Tower Plan: Enclosed 9. Section 0-Security fencing: Not Applicable: Rooftop 10. Section P-Landscaping: Not Applicable: Rooftop 11. cor Section 17:06 General: 1.A Special Use is required:for the height and rooftop equipment 2.Application is completed and submitted 3.Town Council may impose conditions 4.All information of in an Engineering nature will comply with the AZ Licensed Professional Certification 5. Fees will be paid 6.Structural will be provided as required in the Development submittal Towers:This is not a Tower Proposal it is a Rooftop Section 17.08-Rooftop Requirements 1. The equipment lease area is 100 sq ft and complies 2. Equipment and Storage areas comply with all applicable building codes as specified and does not exceed 8' complies with height restrictions at top of cabinet @ 7'1 B Setbacks are:South: Zoned PAD nearest Residential is approx. 475' .,Zoned TCCD West Residential is approx 1429' Zoned East is TCCD Residential is approx.937'East.,Zoned North is all C-2 Residential is approx.2174' away. Inventory of Existing Sites: See attached Power Point Points of Concern: 1. Will the screen be constructed to go around all four sides of the antenna?Because of the topography in the area,the homes located to the south are much higher in elevation and would be able to see the antenna if they are not enclosed on all 4 sides. This request has been submitted and is under review 2. How will the antenna be accessed—both access to the roof and access to the antenna within an enclosed screen? We will be accessing through the interior stairwell that has roof access. From there,Verizon techs will be accessing the rooftop via the roof hatch. 3. Noise: No permit shall be issued for any facility,which generates a noise level greater than fifty decibels(50 db) as measured at the edge of the property upon which such facility is sited." The Equipment is buffered behind an enclosed material and inside of a cabinet, and does not exceed 50db 4. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's a proposed antenna.An applicant shall submit information requested by the Town Council related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following: a. No existing towers or structures are located within the geographic area,which meet applicant's engineering requirements. A comprehensive evaluation has been completed and determined there are no existing towers or structures located within the geographic area that would meet the engineering requirements. b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.An evaluation, by driving, actually accessing rooftops,and experienced Site Acquisition review, has determined that no towers or structures with in the search area, can meet the engineering requirements c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. There are no colocatable opportunities in the search area. d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. Regulations by the FCC do not allow interference and Verizon adheres to those standards e.The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. Not applicable since there are no towers or structures in the Radio Frequency area of offload f.The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. Please see the attached Power Point g.The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low-powered (10* transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. Please see attached Power Point. Aerial showing rr II ' Alpha Sector 53'4" Beta Sector 56'4" R.. . r . r"" * Gamma Sector M Imo . i 3 t.r`, 54 I r sl cg I Il i' r. a 1 71, ,i l e5 R'^ ♦ \ i["Y r 'Ili, , , .E -. r ` b� -. a i . 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MO coe.-SECTOR OMelR STEALTH M LME ON SLED PAINT so,_c,k b MATCH.) BOLDINGLGING MATERIALS AND A EP PROPOSED VERIZON • (T GAMMA SECTOR CD€SISIGMED AND FRONDED 87 OTHERS) (SEE DETAIL) TGP DE PARAPET • O' • 1 1111111 I III III I( I I I I ' I I 1 1 1 1 1 1 II III I It 1 1 I I I I 11 I 11111 11111 11111 MESHED471bE 1 I I 1 1 MESHED { C-0'� I I1I III II II II 111111 11 • 11II lT I FORMED fLOdl • -5-v: sir • PROPOSED SECTOR GAMMA A.Ten•:>. .P1: ,.. BUILDING D ELEVATOR— SOUTH `=nT Tc sc+l£ C New Site—Array Y OW•.O6M �TO .E•SE Si SOU \'14 �LL • rEaHMpzIIOv) NEC lE f ,,,, ,.1.s, •\psE010,cm ��u¢e0w•nw � � a � ,,,,,,,,"........ -----,1,: \ 44*.x.& ',' ,* /#,,., AGL1X COMTAtEM rNaIRS TO 0 '/.0,•40•i41) SFF fAr 9 RR M9 SET w,, \ i .grt.As.'"/•4.. LEC . 5 NIP N.\ / • d5p1NER� D1f'C WEL s‘ /4 _• .c . .. 'CAW 1pY NEE1, d GE tR+ ,, ^ •Dfter SECON ETA 005V+nEwELwm ePR0P07mC7uA • so.. D.P RDIEeeED m STEAM•C•iDl • NrR , , t1 Rex Ox 010PCSEO WE WM r. i v stT1C«i j'rEF SE.Rll- rwPOSEU N]elDn iMEeiw SHEti -•.{a)vEa RED wewrr0r9�x"°1n c°r ..1-T ' , *4- lk• Pima County Assessors Map ,.t IMniS•e•Mre4kf a 0 fr -,w,c ..a. .., erizon Wireless requests a favorable determination and approval in order to proceed with the New Site Build. Please contact me at 480-254-9371 for any questions or requests for additional information. Respectfully submitted, slibrie t_ Keoliawe II 00 • to Q � es--1 0 LL � O 2 -� ,-- / e 4 i 7- ,f) , 11-1 I'll -- ''r__, _ X VI el• , - —• = a 5 Crg ' (A 4. , 4 ,-.. ..,, m . 9,t4e •,.. '9 67.i 61 6' A* - \\ i C 8 i se. Vi # s TO.r. 1 or ter, . i 40 `ir . _ 4. 1 # t f'l I , sk . ,a, .` c w fD �" 1 M. ,,r i n .- O oq fD �►, ` .41 itoilpy, w, , 4 ilkilk r -# 111 6) D, O QO or1 5 0 v v p v v 7, 0Jcu v , (D pi LA rD ! ,k, 41 ' *4[ • ,„ a. .. T , . - x. 4 , ,. . r, It . .► u up . �� 4 040 -* 4. ,�„ "C:i - . ' L' '' . . ''''**4::".** t. r,7 t ,,,, ., :0004'44:19-1;'' 11 '''frii , , 41/4 's,,, f, r . ,-...,.. , . . , .,. S i } Y - o z r //yyy� Vy 4 lr s. , } IIV" a f.. ♦ y r k 48 s.. n w O � O 0U Q 5 p v v rr 0 v QJ cai (D v ul S I n� u� 0 `b a L O 0 i CO °fD w ar t:/ � 0 krcznnr s O�`ytAlN�r ��� FOUNTAIN HILLS SANITARY DISTRICT 16941 E. PEPPERWOOD CIRCLE v v / FOUNTAIN HILLS, AZ 85268-2901 �41 TELEPHONE: 480-837-9444 FAX: 480-837-0819 'boa `IRy DIS www.az-fhsd.gov DATE: January 26, 2018 MEMO TO: Marissa Moore Town of Fountain Hills FROM: Chris Kiriluk RE: Subdivision Technical Review Pho Fountains (Park Place) 16845 E. Avenue of the Fountains First Submittal • I have reviewed the above referenced submittal for conformance with District requirements and have no comments. /cdk cc: Kirsten DeBie Bill Cunningham • �etAIN � TOWN OF FOUNTAIN HILLS AN X Planning and Zoning °. low— Board of Adjustment oo that is Ativti AGENDA ACTION FORM Meeting Date: March 22, 2018 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Development Services Director, rrodgers@fh.az.gov REQUEST TO COMMISSION (Agenda Language): PUBLIC HEARING to receive comments on ORDINANCE #18-02, amending the Town of Fountain Hills Town Code, Chapter 7, Section 7-6-1(B), and Chapter 11, Section 11-1-7(I)(2), by revising provisions related to noise violations. Case #Z 2018-01 CONSIDERATION of ORDINANCE #18-02, amending the Town of Fountain Hills Town Code, Chapter 7, Section 7-6-1(B), and Chapter 11, Section 11-1-7(1)(2), by revising provisions related to ,wise violations. Case #Z 2018-01 Applicant: The Town of Fountain Hills Applicant Contact Information: Planning & Zoning Division Property Location: Town-Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Town Code Chapter 7, Section 7-6-1(B) — Noise regulations During Construction Fountain Hills Town Code Chapter 11 , Section 11-1-7(1)(2) — Noise Offenses — Exemptions Staff Summary (background): The Noise Regulations were given a comprehensive overhaul in October, 2016. After approximately one and one-half years of use, staff has identified some minor points of confusion and/or discrepancies that should be addressed. Ordinance #18-02 will revise two sections of the Town Code's Noise Regulations so that the start-up and stop times for both construction activities as well as commercial landscape maintenance activities will be the same rather than having different rules depending on the activity. The times will begin and kh id on the hour rather than on the half-hour, and they will vary seasonally as before, but all times will now be consistent with each other. Pagc I of 2 Noise Ordinance Amendments P&Z 3/22/2018 The proposed start-up times are: 6:00 AM — 7:00 PM M-F SEP 1 — MAR 31 5:00 AM — 7:00 PM M-F APR 1 —AUG 31 7:00 Am — 5:00 PM SAT All Year No commercial construction or landscaping activities will be conducted on Sundays or Holidays. The proposed changes will make it easier for Code Enforcement to administer as well as making the hours consistent with each other and easier to remember for any contractors. 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 Ordinance #18-02, the noise related to Chapters 7 and 11 of the Fountain Hills Town Code as presented. SUGGESTED MOTIONS: Move to forward a recommendation to the Town Council to approve Ordinance #18-02, related to the noise regulations in Chapter 7 and Chapter 11 of the Fountain Hills Town Code as presented. Attachment(s): Existing Town Code Regulations (2 pgs) Draft Ordinance #18-02 (2 pgs) Submitted by: 1Ro6ert Wqdgers- 684 March 6, 2018 Interim Development Services Director Date Page 2 of 2 Town Code Article 7-6 IliOISE REGULATIONS DURING CONSTRUCTION ection 7-6-1 Regulations A. During the times hereinafter set forth, no construction activities of any kind, including but not limited to the making of an excavation, clearing of surface land and loading or unloading material, equipment or supplies, or the operation of mechanically powered tools anywhere in the town limits, shall be permitted, when such activities result in the generation of mechanically or electrically created noise that can be heard by a person with normal hearing within a residential building,the windows of which are closed, if such building is located within five hundred feet of the construction site. B. The foregoing limitations shall apply to the following times: 1.Prior to 5:30 a.m. and after 6:30 p.m.Monday through Friday from May 15 through September 15. 2.Prior to 6:00 a.m. and after 6:30 p.m. Monday through Friday during the remainder of the year. 3. Prior to 7:00 a.m. and after 5:00 p.m. on Saturdays throughout the year. 4.At all times during Sundays and Legal Holidays. C.The following activities shall be excluded from such prohibition: 1. Noise resulting from perishable activities, defined as all concrete flat work, termite pre-treatment application and the delivery of perishable landscaping materials shall be allowed as necessary. 2.Noise generated by work being performed by a resident of a building or structure may continue until 10:00 p.m. but may not begin earlier than the times set forth in subsection B of this section. 3. Noise resulting from emergencies, including but not limited to, repair of roofs, windows, doors, electrical, plumbing and mechanical (HVAC) shall be permitted whenever necessary. An emergency shall be defined as any situation where work must be performed in order to prevent serious injury to persons or property. Section 11-1-7 Noise A. Purpose. The purpose of this Section is to promote the health and general welfare of the citizens and businesses of the Town by balancing the need to protect the community against unreasonable noise with the legitimate goal of promoting and encouraging commercial and business growth in the community. B. Definitions. The following words, terms and phrases, when used in this Section, have the meanings ascribed to them in this Section,except where the context clearly indicates a different meaning: Fountain Hills Town Code 1. "'A' band level"means the total sound level of all noise as measured with a sound level meter using an A-weighting network.The unit is the dB(A). 2. "Complainant"means a person who files a noise complaint. 3. "Decibel" means a sound pressure that is 20 times the logarithm to the base 10 of the ratio of the pressure of sound to the reference pressure,2 x 10-5 newton/meter2. 4. "Emergency work" means any (a) work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency that has or may result in a disruption of service and that is necessary to restore property to a safe condition following a public calamity, (b) work required to protect the health, safety or welfare of persons or property or (c) work by private or public utilities whe n restoring utility service. 5. "Noise violation" means any noise created that exceeds the maximum limits as specified in this Section. 6. "Sound level (noise level)" means the sound measured with the A-weighting and slow response by a sound level meter. 7. "Sound level meter" means an instrument including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of sound levels that satisfies the pertinent requirements for Type 1 sound level meters as set forth in the most recent version of American • Standard Specifications for Sound Level Meters ANSI S1.4-1983. 8. "Sound Source"means the cause and location of the noise. C. Measurement Standard. Sound level shall be measured with a sound level meter operated in accordance with the manufacturer's guidelines and instructions. D. Noise Violations Prohibited. Subject to the complaint processing provisions in Subsection 11-1-7(E) below, it shall be a violation of this Section to emit or allow to be emitted noise in excess of the permissible noise levels set forth in Table 1 below. • Table 1 Permissible Noise Levels: Measurement Location Time Decibel dB(A) Wall of structure proximate to 6:00 am to 10:002 pm 70 complainant's locations Wall of structure proximate to 10:002 pm to 6:00 am 50 complainant's location i For sounds emanating from within a multifamily residential building(in a unit or the common area of the building), the measurement location shall be anywhere in a dwelling unit within that building. 2 The 10:00 p.m. cut-off time may be extended to 11:00 p.m. in conjunction with a temporary use permit issued by the Town pursuant to Section 2.03 of the Town Zoning Ordinance. E. Complaint Processing. After receiving a noise complaint from a complainant, an individual authorized under Subsection H of this Section shall measure the noise level with such measurements being made at the wall of the complainant's location.The authorized individual shall determine a noise violation has occurred when the decibel levels at the Fountain Hills Town Code complainant's location exceed the maximum decibel levels set forth in Table 1 above. F. Sound Truck. It is unlawful to play, operate, or use any device known as a sound truck, loud speaker or sound amplifier,radio or phonograph with loud speaker or sound amplifier or any instrument of any kind or character that emits loud and raucous noises and is attached to and upon any vehicle. G. Braking devices. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the Town any compression release or other engine braking device designed to aid in the braking or deceleration of any vehicle which results in noise in excess of that which would otherwise be produced from such vehicle without such braking device.The provisions of this Subsection do not apply to public safety vehicles or to any vehicle while descending Golden Eagle Boulevard. H. Violations.The Town Manager or designee,code official or Town law enforcement officer may issue civil citations pursuant to Subsection 1 8 3(D)of this Code to enforce violations of this Section.After civil enforcement as set forth in Subsection 1 8 3(D)of this Code, any POST-certified law enforcement officer or the Town Prosecutor may issue criminal complaints pursuant to Subsection 1-8-2(A)to enforce this Section. I. Exemptions.The following uses and activities shall be exempt from Town noise level regulations: 1. Noises resulting from air-conditioning equipment when such equipment is in proper operating condition. 2. Noises resulting from lawn maintenance equipment operated during daylight hours when such equipment is functioning with all mufflers and standard noise-reducing equipment in use and in proper operating condition. 3. Noises of safety signals,warning devices and emergency pressure relief valves. 4. Noises resulting from an authorized emergency vehicle when responding to an emergency call or acting in time of emergency. 5. Noises resulting from emergency work. 6. Church chimes or bells. 7. Any noise created by any Town or Town contractor vehicles, equipment or facilities while being operated or utilized for official business. 8. Noises resulting from a special event being held pursuant to a Town-issued special event permit. 9. An un-amplified human voice. 10. Noises resulting from an event being held by a school. ORDINANCE 18-02 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE "TOWN OF FOUNTAIN HILLS NOISE REGULATIONS" BY AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 7, SECTION 7-6-1 AND CHAPTER 11, SECTION 11-1-7, BY REVISING PROVISIONS RELATED TO AFTER HOURS CONSTRUCTION AND LAWN MAINTENANCE NOISE VIOLATIONS. WHEREAS, the Town of Fountain Hills Town Code (the "Town Code") contains provisions pertaining to noise violations; and WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to have standards by which authorized individuals may objectively determine whether a noise violation has occurred; and WHEREAS, the Town desires to clarify certain provisions relating to noise violations to provide its citizens with a clear statement of the noise violation provisions applicable to activities in the corporate limits of the Town. 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 Town Code, Chapter 7 (Noise Regulations During Construction), Article 7-6-1 (Regulations), is hereby amended by revising Subsection 7-6-1 B as follows: 1. Prior to 5:30 a.m. 5:00 AM and after 6:30 p.m. 7:00 PM Monday through Friday from May 15 APRIL 1 through September 15 AUGUST 31. 2. Prior to 6:00 a-n-AM and after 6:30 p.m. 7:00 PM Monday through Friday during __ the remainder of the year. SECTION 3. The Fountain Hills Town Code, Chapter 11 (Offenses), Article 11-1 (Offenses), is hereby amended by revising Subsection 11-1-7 I. 2 as follows: 2. Noises resulting from lawn maintenance equipment INCLUDING BUT NOT LIMITED TO MOWERS AND LEAF BLOWERS, THAT ARE operated during daylight hours when such equipment is functioning with all mufflers and standard noise-reducing equipment in use and in proper operating condition ACCORDING TO THE FOLLOWING TABLE: SEPTEMBER 1 —MARCH 31 6:00 AM—7:00 PM MON-FRI APRIL 1 —AUGUST 31 5:00 AM—7:00 PM MON- FRI ALL YEAR 7:00 AM—5:00 PM SAT (NO HOLIDAYS NO SUNDAYS ) Page 1 of 2 SECTION 4. 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 6. 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 T 1)f Fountain Hills, Arizona, , 2018. FOR THE TOWN OF FOUNTAIN HILLS: tiTTATTESTEO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk ttir& 11.--tit ------ REVIEWED BY: _ APPROVED AS TO FORM: Grady E. Miller, Town Manages = ` = Fredda Bisman, Town Attorney Page 2 of 2 ...;;', 14 /li , 14 „,..,'.,',''.,'.,„'...:...',.,.-......Il .,...„,......, . .. ......n ; !,! ' *,„,,'„ A , A• t .0>4Nlda..0 Cil) ,-, > 44' ,,,,,*, 1. ,,,,i4...,,,q ---,.4 '', '% I 15q,0,P , , ,. X o -, 104, 1 ,.. WU, Y At'' ,,,,,,, !:,...,' rn..., .4/40,:ii ....— ' . co ,,..1;:? II ,.„... . le V4 fo,,P, .4#".°7... „.... „,...„ . ,L3 . . . . eiVI U... .:':;'!'',,,',,'•:::'. ;.'. 4444'7' •,, --o ,<-_--- 4.-- I C 0 W c),_ 0 D NJ Um I. CIIII w > > < %Ilm if) itzt- 0 %Imi oo Lo 11M c-i C (13 colla 0 I- 0-4 At W - io` at -c. 1-• ' , j, •'`' Crip, •9 \ ,z' 0,,,. A.• MVO'- . 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La v •� E -� o CD -0 cnN S. a a) c5 ism L. a)a) o-) u) o 00 U -U N C c O u) o p }' p C a) U L c6 o .0 .l p) (6 X +.; C E O) C - . p — 03C (us- _ . -/� N a_ co a) O C Q c p O L E > von, o COO o a) .E o_ c C1 , } o O C C — E .}, m Q o C _ C > •• C V p •m , 6O O L (6 C . u) E } } -a E u) a) U pO n O co c .I-. Cu po a) U >+ (NI •Ea) a cJ) NCDUp ws p C CO CO ( p .C a) C yr.. a) fpC CU O p - NEILI ° OcU - ac6 uCr) c E , E ° co -0 O � : ° oo ° c6 C n o . - >, n o u) t c E cct 70 u) >, L � > O a) .C_ O� pQ cts C - }, a) C U p - p o > C o p C CO ai o CO .0 o uEi .� E C a o o E c � � }, c6 c6 Cl) C -O >' C u) C p c C co > co u' " .N , .0 C a) C 0 L E E "' p E C = 12 � a) . c6 0 .- p > la -� m73 •Q- > i_ U -0 a) C E o -p Ur L , 3 p p a) •z a) (6 co C -c a) a) o i 1- u) o- i L > - co I— n. E Boa) � > a) d- QOna) .. na) az — 3 • .E S .al ,. . a) Pn, . E I.' gm i Cmeow, t.75a .— .— c) F. 1111 O 0 EcaIC .N o 0 C. "..".; f 1 ...." o I O °'> a) y— ®• O ToL O >+ 4) ♦"a a N_ vi s CD as L y. G U) O ,L _ •- S. N C G — d (B \Q. EV E W ,.c . . C O 0 c .c G) O a) w +.11 0, C •c c a E c.) > 0/ L L .. E 0 .. L • ,O •3 -00 o 2 cca o 3 • O (/) O E E.- - 52� coO v Y >s 0U) � O N L. = . N 7 � . c• = C� .03Lv E � 'i aEma) � a) c O = . o . _ O ad°' c � rcmu03 a' � 8c v a CD(..... > >i 3 L (((i))) Global RF SolutionsTM PREDICT, DETECT, PROTECT 1900 W. 5224 r . Chandler Blvd. Ste. 15-228 Chandler, AZ 8 (480) 814-1393 www.grfs.net Evaluation of Human Exposure to Radio Frequency Emissions ,74) ; ( ; : . 41.. ' . / AlimulVy t _ �® `... Cr.i^}+/ am` xm � I .n— I� sY ; . 4'1. .:. d'''''r."';'":";":1"'' — ' - '-k'zig"'.- /4 ' ''''?' . ' ---1,— — 1 i 1 k �. .1 i A.1._e,Earth Analysis of PHO-Fountains Fountain Hills, AZ SITE RESULTS: ' Site ID: N/A Site Name: PHO-Fountains Date of 06/01/2017 Site Evaluator (name): Harry Young Evaluation Site Type Building XX Tower/Monopole Water Tower Address: 16845 E. Avenue of the Fountains, Fountain Hills, AZ 85268 GPS NAD83 N 33 36 10.8 W 11143 01.2 Site Compliant Yes An analysis of this Communications Facility has been completed to determine if it is compliant with guidelines set forth by the Federal Communications Commission (FCC) with regards to maximum human exposure limits. Calculations of the proposed changes to this site have been performed using RoofView(" MPE software. We have determined that the proposed changes will result in an insignificant increase to the overall RF environment. The extremely conservative result derived from RoofView is that a worst-case exposure level of <10/0 of the FCC General Population limit can occur at any point on the rooftop. This site is compliant with FCC guidelines as proposed by Verizon Wireless. FCC Limits for General Population/Uncontrolled Exposure Frequency Electric Field Magnetic Field Power Density Averaging Time Range Strength (E) Strength (H) (S) lE(2. IHr or S (MHz) (V/m) (A/m) (mW/cm2) (minutes) 0.3-1.34 614 1.63 (100)* 30 1.34-30 824/f 2.19/f (180/f)* 30 30-300 27.5 0.073 0.2 30 300-1500 — — f/1500 30 1500-100,000 -- -- 1.0 30 f= frequency in MHz*Plane-wave equivalent power density 0 2017 Global RF Solutions 2 Preparer Certification I, Harry Young, the preparer of this report, am fully aware of and familiar with the Rules and Regulations of both the Federal Communications Commissions (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation. I am also fully aware of and familiar with the Verizon Wireless Signage & Demarcation Policy. I have reviewed this Radio Frequency Exposure Assessment report and believe it to be both true and accurate to the best of m knowled e. 4AAAtii\ID. Reviewer Certification I, Marvin Wessel, the reviewer, approved of this report, and am fully aware of and familiar with the Rules and Regulations of both the Federal Communications Commissions (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation. I am also fully aware of and familiar with the Verizon Wireless Signage & Demarcation Policy. I have reviewed this Radio Frequency Exposure Assessment report and believe it to be both true and accurate to the best of m knowled ie. 11.20$1,40? © 2017 Global RF Solutions 3 7 ZD � i cmoA < ,c 1 yiAi J EmCin . 8 ,6 22 g, % N W � y O oN :_ s k hiW w a 3o tFN �7 r 011 RI' 'iliLIP &- a ! d o 'ii �y &� ui LLo R 5 . . * 3 F�arc Wffi § m O m e t . O O • O 0 O O • a a O O • O m • • •• u f�• 7. Q00 "g z • O O: • O O. O O a gLL W aN o- w tn- o L., • 0 0 i cc C 3 O NW W 4i, Mar - L • 0 N NM Iu GM • �. `� 4 .. 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