HomeMy WebLinkAboutPZ.2017.0309.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
PLANNING& ZONING COMMISSION
March 9,2017
Chairman Michael Archambault opened the meeting at 6:30 p.m.
ROLL CALL:
The following Commissioners were present: Chairman Michael Archambault, Vice-Chairman Eugene
Mikolajczyk. Commissioners: Amberleigh Dabrowski, Susan Dempster, Erik Hansen, Howie Jones. Also
in attendance were Bob Rodgers, Development Services Director, Marissa Moore, Senior Planner and
Paula Woodward, Executive Assistant and Recorder of the minutes. Commissioner Roger Owers arrived
after roll call.
Chairman Michael Archambault requested participation in the Pledge of Allegiance and a moment of
silent reflection.
CALL TO THE PUBLIC
Chairman Archambault asked if there were any requests to speak and the Recorder PaulaWoodward
answered there were no requests received in general,but there are requests for agenda item number two.
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING
COMMISSION MEETING MINUTES DATED December 8,2016.
Vice-Chairman Mikolajczyk MOVED to APPROVE the meeting minutes dated Thursday,December 8,
2016 as written. Commissioner Dabrowski SECONDED and the MOTION CARRIED
(;) UNANIMOUSLY 7/0.
AGENDA ITEM#2 -PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE#17-04,
A TEXT AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING MAP.IF ADOPTED,
THE AMENDMENT WOULD REZONE APPROXIMATELY 16.5 ACRES AT 13225 N. EAGLE
RIDGE DRIVE (COPPERWYND RESORT), FROM "R-5 PUD" TO THE "COPPERWYND
PAD"ZONING DISTRICT CASE Z 2017-02
The public hearing opened at 6:32 p.m.
Bob Rodgers, Development Services Director, presented a staff report and a PowerPoint presentation,
(Copy is on file in the Office of the Town Clerk), on the request from Copperwynd Resort for a rezoning
to Coppewynd PAD, (Planned Area Development) that will allow a major renovation and expansion of
the facilities to include up to 300 hotel rooms, additional restaurant space and other enhanced amenities.
Mr. Rodgers stated his report is a quick overview since the Commission had already familiarized
themselves with the proposal and the applicant was providing an in-depth presentation. Mr. Rodgers said
the Commission is being asked to review and make recommendations on the PAD application. This is a
rezoning from the R1-5 PUD classification. The proposed"Copperwynd PAD"will adopt the L-3 zoning
classification as its base district because it's the most appropriate district that we currently have but the L-
3 District doesn't fully cover what's being proposed. The proposed PAD will modify the district
regulations so as to:
- Allow up to 19 rooms per acre up to a maximum of 300 rooms rooms(L-3 zone allows up to 15
rooms/acre).
- Allow the numerous customary ancillary uses such as restaurants and cafes without the
requirement that they get a Special Use Permit.
't: Page 1of13
- Allow building heights up to 50'(Current R-5 PUD allows 40'; L-3 zone allows 30')
- Allow 60%lot coverage. (L-3 zone allows 25%).
- Reduce minimum building separation to 7'(L-3 zone requires 10').
- Reduce all building setbacks to 20'(L-3 zone requires Front=40', Side=40' and Rear=60').
- Specifically allow for outdoor entertainment,music or speakers but also require compliance with
the Town's noise ordinance.
- Allows specific internal wayfinding signage plan to be developed in addition to any new
monument signs.Allows the use of a shared parking model when calculating the resort's parking
requirements.Included in this is an allowance for an off-site parking lot if within 1,500'.
- Maintain a minimum of 15%open space on the property.
Mr. Rodgers said, in addition to the PAD, the applicant is negotiating a development agreement with the
Town Council that will address a number of other issues and includes a number of additional terms and
conditions. Mr. Rodgers emphasized this is informational only. The Commission is not reviewing or
making a recommendation regarding the Development Agreement tonight. This information is just being
provided to give an idea of additional topics.
Mr.Rodgers displayed the current site as it exists on the overhead. He stated the project is proposed to be
completed in three phases. In Phase I the current hotel rooms will be removed and replaced with the new
128-room building. This building will be taller than the existing buildings (50') and up to five stories on
the north side of the building. Renovations are to be done to the clubhouse with a possible "skywalk"
style connection to the new building. This phase also includes a new 9,850 square foot one-story
conference center and an expanded parking area on the south end of the property. This results in the
removal of four of the tennis courts.
Mr. Rodgers explained Phase II consists of a new five story 60-room building (50' tall) directly south of
the clubhouse. There will also be new parking areas created, providing parking for both the hotel guests
and the conference facility.This new parking will eliminate two more of the tennis courts.
(I) Mr. Rodgers described what was displayed on the overhead, "The renderings on the right show the new
building relative to both the existing clubhouse as well as the new larger hotel room building on the north
end.You should note that the site is stepping down so the roof lines are at about the same level."
Mr. Rodgers moved on to Phase III on the overhead and said it is an ambitious phase. It has the new 112-
room hotel building connecting the Phase II building to the conference center which is 50' tall. The
building is further down the hill and the roof is proposed to be landscaped so that guests in the central
building won't be looking down at roof-top equipment. The parking in this area is gone and the driveway
goes under the building and into a 3-story garage that has two new tennis courts on the roof. These tennis
courts will also double as valet parking lots if/when a large event requires additional parking. Phase III
also includes the removal of the last of the old tennis courts and the expansion of the pool areas, including
a new casual dining building located poolside. Mr. Rodgers referred to the overhead renderings showing
the hotel room building and the top rendering shows the conference center with the new hotel building in
the background.
After all three phases are complete there will be; 300 rooms, an expanded and renovated clubhouse,
a new dining spot, Expanded pools, a new conference/event facility, and a parking garage which along
with the surface parking,will provide 347 parking spaces on site.
Mr. Rodgers concluded that staff's recommendation is that the Planning and Zoning Commission forward
a recommendation to Town Council to approve the Copperwynd PAD as presented (Staff Report and
PowerPoint Information is available on line and in the office of the Town Clerk.)
Chairman Archambault asked the applicant to come forward for their presentation.
Page 2 of 13
Jordan Rose of the Jordan Rose Law Group PC, introduced herself and the team of people working on the
Copperwynd Resort expansion project; Bill Hinz, Owner of Copperwynd Resort, Michael Marcoux and
h Mark Philp of Allen&Philp Partners Architecture and Interior Design,Ron Hilgart and Casey Whiteman
of HilgartWilson,Dawn Cartier of CivTech,Nick Labadie, Senior Planner,Rose Law Group and Cepand
Alizadeh,Land Use Attorney,Rose Law Group.Ms.Rose said the team has worked very hard to come up
with a world class plan. Bill Hinz purchased the property in 2015 and since then, in the last 20 months,
has invested 6 million dollars to renovate the Copperwynd. The nature of the site being 32 rooms is not
enough to sustain the 6 million dollar renovation and the continuing operation of Copperwynd. The
proposed revitalization plan is world class and luxurious. Currently, we are in discussions with Kimpton
Resorts.They have international experience in luxury hospitality properties around the world.It would be
a great opportunity to work with a world-renowned hotelier with such accolades that would feature
Copperwynd as one of their signature properties. Ms. Rose introduced the architectural firm Allen &
d Philp Partners Architecture and Interior Design. She gave examples of their portfolio such as the Big
Horn Golf Club and Spa in Palm Desert, California and Joya Spa at Montelucia in Paradise Valley,
Arizona. She said one of the architects would address the commission and share the site renderings.
Ms. Rose explained that in Phase I the guestrooms expand to 128 rooms and 199 parking spaces will be
provided and with full valet a total of 228 spaces, including meeting and banquet space. In comparison to
other resorts in the valley the parking ratio is really good here. The traffic engineer is present and
available for any questions. Ms. Rose said Phase II expands to 188 guestrooms with 251 parking spaces
1 provided and with full valet the spaces increase to 277. There will also be expanded facilities for
1 members. In Phase III the expansion takes guestrooms to 300 units with 347 parking spaces and 445
1 spaces with full valet. This includes amenities and improvements to the grounds. The world class
restaurant remains. Ms. Rose displayed a photo taken from Sunridge Golf Club entrance showing the
before and after Copperwynd expansion. She noted that there is no negative visual impact of the
t expansion. Ms. Rose said the expansion would be positive for Fountain Hills. She referred to an
economic study of sales tax and bed tax. Last year the Town of Fountain Hills received $160,000 in
annual sales tax revenue generated from Copperwynd. With the expansion, $1,650,000 would be
generated in sales tax. Ms. Rose said there are over 50 signatures in support and 30 letters in support of
the project. The Fountain Hills Chamber of Commerce sent a letter supporting the project. Ms. Rose
concluded with thanking the staff and asked the architect Michael Marcoux to address the commission.
Mr. Marcoux from Allen & Philp Partners Architecture and Interior Design, explained in detail the need
to maintain the integrity of the guest sequence. On the overhead presentation he pointed out what guests
would see immediately arriving on site and how the back of house was "hidden" from view. He
identified areas to renovate in order to enhance the guest experience. One of those areas is the guest room
floor plan. The bathroom and bedroom would face the windows(wall of glass)in order to take advantage
of the views. In addition, the elevations (topography) were carefully scrutinized to take advantage of the
views but also not to take away from the guest experience. This would also allow for garden suites. Mr.
Marcoux described what materials would be used and where they will be placed so they are aesthetically
pleasing regardless where they are viewed. Mr. Marcoux said one of the defining features and the overall
shape of the building is a direct reflection of the site topography. This will create an arroyo that will
become interactive with guest and part of the public art feature. Mr. Marcoux concluded and thanked the
commission.
In response to a question Ms. Rose stated the Town's open space requirement is 15%. Copperwynd
would provide 30%open space and have up to a 25%lot coverage. This is a very minimal footprint.
Chairman Archambault asked for speaker cards and Recorder PaulaWoodward answered there were eight
cards received who want to speak and fifteen that did not want to speak and all fifteen noted they were for
the proposed project. Those cards were from: John Kapinos, Clarice Reed, Jennifer Dougherty, Greg
Warthew,Kevin Kinerk, Chris&Marshelle Curtin,Maryjane Whyel,Dave Katcherian,Doris Katcherian,
Coo Nell y Temu,Ted Blank,Nancy Bill,Joe Bill, Seth Goldberg and Muriel Lippman.
Page 3 of 13
Diane Wells,a Fountain Hills winter resident, Copperwynd Villa Owner and member of the Copperwynd
Resort, said how impressed she was with Copperwynd's recent renovations. She expressed how thankful
she is to Mr.Hinz and Ms.Nolan for purchasing Copperwynd and having such a beautiful vision.
Jay Schlum, a Fountain Hills resident and former Mayor, thanked the commission for their service to the
town.Mr. Schlum read from comments he sent to the Fountain Hills Chamber of Commerce, stating,
"CopperWynd Resort desires to continue their significant investments in Fountain Hills and this is greatly
appreciated by me and many others. When I studied the expansion plans I was impressed with the
beautiful designs and phasing plan. CopperWynd Resort & Spa, Flourish Restaurant and Cliff Drysdale
Tennis all onsite are already important and beautiful assets to our community. I am excited to witness and
continue to support this valuable local business.High quality developments like CopperWynd will deliver
tax revenues to the Town of Fountain Hills is very important to our communities sustainability. When
groups and individuals stay and play in Fountain Hills they support our locally owned businesses
throughout our Town and that is what we really need here. I favor working together to bring us World-
Class developments. It is also important that our Town staff keep the Red Carpet rolled out welcoming
smart and quality developments and businesses into Fountain Hills, the Greatest Town in the World.
Also, I want to thank you for your service and please give this good consideration and approve this
project."
Sarka Hulpachova, a twenty year Fountain Hills resident, said she supports the Copperwynd project and
how much she appreciates the commission's hard work. She hopes we see the vision of Bill and Sara's
and that the commission approves this project.
Bart Shea, Goldfield Ranch resident, spoke in favor of the project. He said it's a wonderful addition to
Fountain Hills and it will highlight all the expansion taking place in town. He thanked the commission
and asked they approve the project.
Don Misheff, Copperwynd Villa Owner and Owner of Sunridge Canyon Golf Course, stated he would
like to thank Bill and Sara because without them,"I don't think Copperwynd would be in existence today.
I can't think of another single economic engine that can do for the long term stability of our community
and the numerous businesses around it. We cannot find a world class investment of this magnitude of
where any business would not have a beneficial impact. I thank you and strongly support this project.
Bill's honesty integrity and passion is as good as I have seen in my 30 years."
Fred Krion, eighteen year Corta Bella resident, said Copperwynd's success is paramount to his living
here. It's a facility that must be supportive to be a successful business. He said the recent renovations are
great. Bill and Sara's plan gives it the very best chance to be a growing and profitable business. He
encouraged the commission to support the project.
Tom Boyle, Paradise Valley resident, said he has benefitted from thirty-five years in Maricopa County.
He said tourism is the number one draw. Fountain Hills probably has some of the best real estate
properties and Copperwynd is very likely sitting on one of the best properties in Fountain Hills, if not
Maricopa County. He said the design is iconic and it was commissioned by a local Fountain Hills
resident.
Denise Verbeck, Fountain Hills resident and Copperwynd member, said she would like to thank Bill and
Sara for purchasing Copperwynd and appreciates their investment. It will benefit the whole community.
Chairman Archambault asked if there were any more requests to speak and the Recorder Paula
Woodward answered there were no more requests.
Chairman Archambault closed the Public Hearing at 7:25 p.m.
Page 4 of 13
AGENDA ITEM #3 - CONSIDERATION OF ORDINANCE #17-04, A TEXT AMENDMENT TO
THE TOWN OF FOUNTAIN HILLS ZONING MAP. IF ADOPTED, THE AMENDMENT
WOULD REZONE APPROXIMATELY 16.5 ACRES AT 13225 N. EAGLE RIDGE DRIVE
(COPPERWYND RESORT), FROM "R-5 PUD" TO THE "COPPERWYND PAD" ZONING
DISTRICT. CASE Z 2017-02
Commissioner Hansen commented the commission has seen the parking study but has not seen the traffic
study. Commissioner Hansen asked Mr. Rodgers if staff's finding that all negative impacts are able to be
mitigated as less than a significant level.
Mr. Rogers replied yes, staff is reviewing the traffic study and there are some mitigations being discussed
but we are confident they can be worked out easily.
Commissioner Dabrowski thanked staff, Mr. Rodgers and Ms. Moore for working so diligently on this
project and thanked the public for their time and attending the meeting.
She asked Ms. Rose to show the overhead photo shown previously.
Commissioner Dabrowski thanked the architect, Mr. Philp and his team for bringing such a beautiful
design. She stated, "It's wonderful to see a local resident (Mr. Philp) so passionately involved in our
community."
Ms. Dabrowski thanked Bill and Sara's dedication to the community, whether it's from Dark Sky,
generating tax revenue and overall great participates in the community.
Commissioner Dabrowski asked if Copperwynd would remain open during the renovation.
Ms. Rose replied that Copperwynd would remain open during the renovation.
Ms. Dabrowski expressed concern on behalf of some commissioners regarding the integrity of the tennis
courts used for parking.
Ms.Dabrowski asked Mr. Rodgers about the Adero Canyon construction timeline.
Mr. Rodgers said only three parcels are under construction(parcels 1, 7& 8) and the project will continue
for the next ten years.
Ms. Dabrowski asked Ms. Rose about the tax implications to the town at the ten year mark and what are
total dollar amounts at each phase.
Ms. Rose said the 1.65 million is projected at the build out of the 300 rooms, and her firm can provide the
tax breakdown by phases.
Vice-Chairman Mikolajczyk asked about where the valet parking would be located.
Dawn Cartier, from CivTech, explained the parking study is compiled using a full occupancy model.
The hotel anticipates and knows well in advance when the hotel will be at full occupancy. This plan
allows the hotel to switch over 24 hours in advance to a full valet. In addition to the tennis courts the
entire lot and garage would be used for valet. Full valet parking allows for operational efficiency. The
cars can be stacked, parked side by side, behind each other and parked closer together. The valet
operators put a plan together for efficiency.
In response to Vice-Chairman Mikolajczyk Ms.Cartier confirmed there are 347 regular parking spaces
�.. available in Phase III.
Page 5 of 13
Vice-Chairman Mikolajczyk asked how does that compare to the formula the town requires under the
current zoning.
Ms. Cartier answered it provides more than the one space per hotel room that is currently required by the
town. This is a shared space scenario so they have accounted for the time of day people park for the hotel
room and the time of day people park for the other facilities. The parking rate used is consistent with the
IT Parking Generation Manual.
Vice-Chairman Mikolajczyk asked about the formula used to calculate parking for the 9,000 sq. ft.
conference center.
Ms. Cartier said 10 spaces per 1,000 sq. ft. which is 1 per 100. We would typical expect people would
stay at the hotel who would attend the conference center.
Vice-Chairman Mikolajczyk asked about the public art requirement and the mention of a chapel.
Ms Rose said the public art requirement is included in the development agreement and would need to be
presented and approved by the town at a later date. The art requirement provided would be open to the
public. It could include the chapel and/or other art elements that meet the 1%threshold. It is at the Towns
discretion.
Commissioner Jones asked Ms. Cartier if parking on Eagle Ridge Drive was included in the parking
study. Commissioner Jones commented about the recent Copperwynd open house where attendance was
so successful attendees resorted to park on Eagle Ridge Drive. There are concerns regarding parking on
site.
Ms. Cartier said that Eagle Ridge Drive was not included in the study because of the concern for the bike
lane. The team was able to account for more parking on site and also by using the valet plan. Club
members were taken into account. On a typical day there would be spots for most members. The center
parking area is where most members park. The study also took into account if membership would
increase.
Commissioner Dempster commented the plan is exciting and would be wonderful for Fountain Hills. She
asked where is the employee parking area.
Ms. Cartier said the employee parking on site was calculated in this study. Also, there was discussion
that employees could park off site and be shuttled to the property.
Commissioner Owers asked Mr. Rodgers," Is it the recommendation to move forward allowing ancillary
uses in allowing the rezoning without a special use permit."
Mr. Rodgers said the recommendation is to move forward without the requirement of a special use permit.
There are a number of ancillary uses that go with resorts such as restaurants, bars and cafes requiring a
special permit for each one would be overkill when we are approving the overall package.
Commissioner Owers commented on the set back reductions from ten feet to seven feet. Mr. Owers
expressed concern about fire spread and public safety access. He asked if this was taken into
consideration when making the reductions.
Mr. Rodgers said it was his understanding the fire code dictates six feet so the seven feet is well within
the requirement. All the residential districts have a minimal separation requirement of six feet. Mr.
Rodgers said he had not heard it was a concern from the fire department.
Page 6 of 13
Chairman Archambault commented that the current zoning is R-5,PUD. He asked Mr. Rodgers to explain
to the commission what is a PAD, (Planned Area Development) and PUD, (Planned Use Development).
Mr. Rodgers said the R-5 zoning was allowed for the Condominiums. The PUD part allowed for the
resort. The PAD is a new zoning district.
Chairman Archambault asked about why the current zoning is not used and if the PUD should be
tweaked.
Mr. Rodgers said the PUD only allows tweaking for a few things. The PUD was designed because the
condos and resort came in as a package. We are looking at just the resort now.
Chairman Archambault asked about the traffic impact and how it might also impact the gateway to the
preserve.
Ms. Cartier said after finishing the parking study staff expressed the need for additional parking demand.
CivTech had dialogue with Bill and Sara about the need for additional onsite parking and for it not to spill
onto Eagle Ridge Drive. On the traffic study side we did not see a lot of impacts created from the site.
The one area that needed further investigation was the intersection of Palisades Blvd. and Eagle Ridge
Drive intersection. They found eventually a traffic light would need to be installed at this intersection
because of the Adero Canyon project and the Copperwynd expansion. They agreed to share in the cost of
some offsite improvements to be installed. This would be the installation of the box & conduit
underground.
Chairman Archambault asked what parking would look like at the complete build out and 83%occupancy
of the 300 rooms.
Ms. Cartier said the 83%would be lower than what she is quoting. At the peak parking demand in phase
I is 139 parking spaces and the traditional parking spaces provided are 199. These numbers included the
�'r'r• efficiency of valet parking. In Phase II the need is for 204 parking spaces with 251 parking spaces
provided. In Phase III the need is for 324 parking spaces with 347 parking spaces provided plus the
option of the additional 40 on the tennis courts. The actual parking spaces provided well exceed what the
study recommends.
In response to Chairman Archambault Ms. Rose confirmed the town would have the availability to tweak
the parking in the Development Agreement.
Chairman Archambault asked what model was used for the statement of revenue.
Ms. Rose said the sales tax first then added the bed tax on top. We anticipate a ten time increase by the
time 300 beds are reached.
Commissioner Dabrowski asked Mr. Rodgers about the current height of the structures.
Mr. Rodgers said the current height of the building is about forty feet and the single story parking
structure will be no more than fifty feet.
Chairman Archambault suggested that along with the motion, today's meeting minutes be forwarded to
council so they can review what questions were asked by the Planning and Zoning Commission.
Commissioner Dabrowski MOVED to forward a recommendation to Town Council to approve the
proposed Copperwynd PAD rezoning as presented with the addition of the meeting minutes provided to
the Town Council. Vice-Chairman Mikolajczyk SECONDED and the MOTION CARRIED
`.. UNANIMOUSLY 7/0.
Page 7 of 13
AGENDA ITEM #4 - PUBLIC HEARING OF ORDINANCE #17-03, AMENDING THE
FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 25, BY ADDING A NEW SECTION
C 25.03 TO ALLOW SECOND-STORY AND ABOVE RESIDENTIAL DWELLING UNITS AS
PERMITTED USES WITHIN THE DOWNTOWN ENTERTAINMENT OVERLAY DISTRICT.
CASE#Z17-01
Commissioner Dempster opened the Public Hearing at 8:00 p.m.
Mr. Rodgers addressed the commission regarding the residential in the Downtown Overlay. Mr. Rodgers
said currently, residential uses are allowed in the commercial districts only by Special Use Permit.
Ordinance 17-03 will amend the Downtown Entertainment Overlay District regulations in Chapter 25 of
the Zoning Ordinance to allow second story and above residential uses, by right rather than requiring a
Special Use Permit. Mr. Rodgers explained the council has indicated that they would like to make it
easier to have more people live in and around the downtown area. The thought is that allowing for a mix
of uses by right might hasten the development of vacant parcels downtown and also help the businesses if
residents live close by.
Mr. Rodgers said the upper floor residential uses are allowed in the TCCD already (the south side of the
Avenue) so this would make the regulations on both sides of the Avenue of the Fountains and rest of
downtown the same. Upper Floors are approved by right but first floors still need a Special Use Permit.
The reason first floors are not part of the amendment is the concern that in the long run it may be more
desirable to keep the first floors as commercial uses in order not to lose too much of the commercial
property base in downtown. Mr. Rodgers went on to say that the commercial properties within the
downtown overlay are the most ideal for this use. This scenario would probably not work well in all
commercial districts since there would be some unintended consequences; Apartments bring families.
Many of the commercial areas are not conducive to kids playing Some commercial areas have noise
issues and or lots of truck traffic or any number of other attractive nuisances.
Mr. Rodgers said the rationale behind just proposing the downtown area is that people will know what
they are buying into, an active downtown area. There should be no expectations of limited business hours
or quiet neighborhoods.
In conclusion Mr.Rodgers said staff recommends that this amendment be considered as an initial step and
depending on how successful this is, in the future other areas could be considered for inclusion and that
the Commission forward a recommendation to Town Council to approve Ordinance 17-03 as presented.
Commissioner Dempster asked if there were any requests to speak and the Recorder Paula Woodward
answered there were no requests.
Commissioner Dempster closed the Public Hearing at 8:04 p.m.
AGENDA ITEM #5 - CONSIDERATION OF ORDINANCE #17-03, AMENDING THE
FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 25, BY ADDING A NEW SECTION
25.03 TO ALLOW SECOND-STORY AND ABOVE RESIDENTIAL DWELLING UNITS AS
PERMITTED USES WITHIN THE DOWNTOWN ENTERTAINMENT OVERLAY
DISTRICT. CASE#Z17-01
Commissioner Dabrowski commented that one of the challenges heard from the local businesses is
regarding folks who work in town to also live in town. She said she was in favor because this would
allow for people to live and work within walking distance.
Commissioner Hansen asked for clarification between the Entertainment Overlay District and the Planned
Shopping Plaza Overlay.
Mr. Rodgers replied The Planned Shopping Plaza Overlay is an old designation that was part of the Plat
208 shopping district. It is not part of the Downtown Overlay.
n
C
Page 8 of 13
In response to Chairman Archambault Mr. Rodgers said the bowling alley is the only C-3 within the
downtown overlay district. Kelley's Automotive Repair is in a C-2 zoning.
Chairman Archambault expressed concern about what type of commercial business would be allowed
below a second story residence and their impact on families.
Mr. Rodger said that typically those types of uses would not have residential above. A residential above
with a commercial below would be new builds.The maximum height would be forty feet,three levels.
Vice-Chairman Mikolajczyk asked if the TCCD, (Town Center Commercial Zoning District) allows
residential.
Mr. Rodgers said the rules would be the same for the TCCD as they are for the Downtown Overlay.
Chairman Archambault asked does the allowed eight dwelling units maximum per acre restriction apply
to each lot in proportion to their acreage site.
Mr. Rodgers said that most of the lots downtown are 20,000 square feet or less which would be about
one to two units. Consolidation of lots would change that amount. A two floor building with commercial
below it would be about eight units.
Chairman Archambault asked how many units per acre is at ParkPlace.
Mr. Rodgers said twenty-five units.
Commissioner Dempster commented she liked the walk ability this provides and how this is in line with
the urban living trend.
Commissioner Owers asked about parking plans.
Mr. Rodgers said no parking study was conducted. Existing parking is available throughout plat 208.
Chairman Archambault asked if ParkPlace used any of plat 208 as part of their parking requirements.
`Ifts. Mr. Rodgers said Parkplace did not use any of plat 208 as part of their parking requirement.
Commissioner Jones MOVED to forward a recommendation to Town Council to approve the proposed
text amendments to Chapter 25 of the Zoning Ordinance relating to residential uses being permitted in the
Downtown Entertainment Overlay District as presented. Chairman Archambault SECONDED and the
MOTION CARRIED UNANIMOUSLY 7/0.
AGENDA ITEM #6 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED
SPECIAL USE PERMIT TO ALLOW CUSTOM SOLAR GOLF CAR ASSEMBLY AND SALES
AT 11605 EAST SAGUARO BOULEVARD, LOCATED IN THE "C-2-INTERMEDIATE
COMMERCIAL" ZONING DISTRICT. CASE#SU 2016-05
Chairman Archambault opened the Public Hearing at 8:11 p.m.
Ms. Moore addressed the commission and gave a PowerPoint presentation. (Copy is on file in the Office
of the Town Clerk.) Ms. Moore explained S-NAP Golf Cars is golf sales and assembly business that
converts traditional golf carts to solar power vehicles and customizes the body & parts. They are
requesting to move into one unit (ground floor) of a current commercial building located at 11605 N.
Saguaro Blvd., in a C-2 intermediate commercial zoning district. The business would have sales and
display areas for the golf cars as well as an assembly area and storage for golf parts and solar batteries.
Ms. Moore referenced the overhead to show the business location and it's relation to the community
theater, auto repair business, FHSD warehouse and multi-family housing. The C-2 district regulations are
in Chapter 12 of the Fountain Hills Zoning Ordinances. Ms. Moore referred to Chapter 12.05 J that light
assembly and storage in the C-2 zoning district is allowed with a SUP and must be approved by the Town
Page 9 of 13
Council but there are conditions with this type of use. The conditions are that any assembly or storage
areas associated with assembly activities shall not occupy more than fifty percent of enclosed building
space used for the business. There shall be no use of hazardous materials involved in the assembly
operation. In addition to light assemble and storage, new and used automobile, including outside display
0 area, provided all sales and repair activities are conducted with in a building. Ms. Moore concluded with
recommending approval of a Special Use Permit to allow light assembly and storage with stipulations
outlined in the staff report.
Chairman Archambault asked if there were any requests to speak and the Recorder Paula Woodward
answered there were no requests.
Chairman Archambault closed the public hearing at 8:17 p.m.
AGENDA ITEM #7 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO
ALLOW CUSTOM SOLAR GOLF CAR ASSEMBLY AND SALES AT 11605 EAST SAGUARO
BOULEVARD, LOCATED IN THE "C-2-INTERMEDIATE COMMERCIAL" ZONING
DISTRICT. CASE#SU 2016-05
Commissioner Dempster asked for confirmation that the repairs are performed inside the building only.
She asked if the there would be new car and used car sales in addition to the golf cart sales. She also
asked if there is residential in this building.
Ms. Moore confirmed all repairs would be inside and that only golf carts(vehicles)would be for sale.
She said there is no residential use in the building.
Vice-Chairman Mikolajczyk asked is there a report detail of batteries and materials used to ensure the no
hazardous waste stipulations are met.
1111) Ms. Moore said discussions took place through meetings with the fire marshal and the applicants.
Clarifications were defined so it is clear what is not allowed.
Chairman Archambault asked about parking requirements and the chain link fence currently around the
property.
Ms. Moore explained a site plan was created showing parking as if the site was at full build out. Whether
the chain link fence is removed or remains is not a problem. However the gates would have to remain
open for public access.
Chairman Archambault asked about fire sprinkler details.
Ms. Moore said she just received a letter from the architect and it appears it may not be an issue to
sprinkler that part of the building for that particular use. The applicant would still need to observe the
stipulations and meet the Fire Marshalls requirements.
On Chairman Archambault's request, Ms. Moore reviewed the staff stipulations listed in the agenda
action form in the enclosed packet. Ms. Moore confirmed that all the stipulations must be met in before
that business begins to operate.
Commissioner Owers asked about the non-compliance second floor residence.
f,Fi
Ms. Moore said the non-compliance residence is not part of the application and is potentially being
addressed under a different special use permit. The owner is no longer living at the site. He has applied
for a special use permit but that application is currently on hold.
0
Page 10 of 13
Commissioner Dabrowski asked about the hours of operations.
The applicant stated the hours would be Monday through Friday with hours 9:00 a.m.to 3:00 p.m.
Commissioner Dabrowski requested to review storage and disposal of the components before this item
goes to council.
Commissioner Jones asked is the entire floor sprinkled or just a percentage.
Ms. Moore said that she would review the letter received prior to the meeting and the stipulations state
that anything the fire marshal requires would need to be addressed.
Commissioner Jones MOVED to forward a recommendation to Town Council to approve the proposed
Special Use Permit to allow custom golf cart assembly and sales at 11605 North Saguaro Blvd., located in
the "C-2 Intermediate Commercial" zoning district, subject to the stipulations recommended by staff as
outlined in the staff report. Commissioner Owers SECONDED and the MOTION CARRIED
UNANIMOUSLY 7/0.
AGENDA ITEM #8 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED
SPECIAL USE PERMIT TO ALLOW A SINGLE FAMILY RESIDENTIAL DWELLING UNIT
AT 16810 E. EL PUEBLO BOULEVARD, LOCATED IN THE "C-C — COMMON
COMMERCIAL"ZONING DISTRICT. CASE#SU 2017-02
Chairman Archambault opened the Public Hearing at 8:27 p.m.
Ms. Moore gave a PowerPoint presentation(Copy is on file in the Office of the Town Clerk) referencing
Dennis Sypkens, applicant, who is requesting to locate a single-family residence on the second floor of a
two story commercial building located in the C-C Common Commercial Zoning District. She described
what was on the overhead map, "The building fronts a parking lot to the east and an unnamed alley to the
west. The Adobe Wine and Liquor store and The Hills Pizzeria about the property to the south and the
Desert Creek Fellowship to the north.This property has been vacant for several years. There are currently
several vacant parcels in the surrounding area."The C-C district regulations are contained in Chapter 12
of the Zoning Ordinance. Pursuant to Section 12.03.F, in order a single-family residence in the C-C
Zoning District,a Special Use Permit must be approved by the Town Council.
Ms. Moore said Tonight's hearing is to request that the Planning & Zoning Commission consider
forwarding a favorable recommendation to the Town Council to approve this request. Section 2.02.D of
the Zoning Ordinance outlines the key criteria that should be considered by the Commission during your
deliberations.
They are:
1. Any Special Conditions that influence the location
2. Whether any new buildings or other improvements are proposed
3. Traffic
4. Any negative influences on adjoining properties
5. No detriments to the public health, safety, peace, or comfort to the properties in the immediate
area or to the general welfare of the town at large.
If the Commission determines that those factors are satisfactorily addressed the Commission should
forward a recommendation to approve the Special Use Permit. If the Commission determines that the
factors are not all satisfactorily met they may recommend that the Council attach additional stipulations to
their approval.
Or the Commission may recommend denial. If they recommend denial, the Commission should note the
C;) specific reasons for the recommendation in order that Council can fully evaluate the recommendation.
Page 11 of 13
Ms. Moore concluded by saying that staff recommends that the Commission forward a recommendation
to Town Council to approve the Special Use Permit to allow a single-family residence on the second floor
or the commercial building located at 16810 East El Pueblo Boulevard, subject to the stipulations outlined
in the staff report.
Chairman Archambault asked if there were any requests to speak and the Recorder Paula Woodward
answered there were no requests.
Chairman Archambault Closed the Public Hearing at 8:30p.m.
AGENDA ITEM #9 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO
ALLOW A SINGLE FAMILY RESIDENTIAL DWELLING UNIT AT 16810 E. EL PUEBLO,
LOCATED IN THE"C-C—COMMON COMMERCIAL" ZONING DISTRICT. CASE#SU 2017-
02
Vice-Chairman Mikolajczyk MOVED to forward a recommendation to Town Council to approve the
proposed Special Use Permit to allow a single-family residence at 16810 E. El Pueblo Blvd., located in
the "C-C- Common Commercial" zoning district, subject to the stipulations recommended by staff as
outlined in the staff report. Commissioner Dempster SECONDED and the MOTION CARRIED
UNANIMOUSLY 7/0.
AGENDA ITEM#10- COMMISSION DISCUSSION/REQUEST FOR RESEARCH TO STAFF.
Items listed below are related only to the propriety of(i)placing items on a future agenda for action or
(it) directing staff to conduct further research and report back to the Commission.
None
AGENDA ITEM #11 - SUMMARY OF COMMISSION REQUESTS FROM DEVELOPMENT
"%sip. SERVICES DIRECTOR.
None
AGENDA ITEM#12-REPORT FROM DEVELOPMENT SERVICES DIRECTOR.
Mr. Rodgers said the Copperwynd PAD is on the council agenda next week,Thursday,March 16,2017.
AGENDA ITEM#13 -ADJOURNMENT.
Commissioner Dabrowski MOVED to adjourn the meeting at 8:37 p.m. and Commissioner Jones
SECONDED and the MOTION CARRIED UNANIMOUSLY.
FOUNTAIN HILLS PLANNING&ZONING COMMISSION
BY:
ej
airman Mike Archambault
ATTEST:
Vat( U)N4011a
Paula Woodward, Executive Assistant
Page 12 of 13
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 9th day of March, 2017 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 prese
1-/ QI (,D14N-r/'
Paula Woodward, Executive Assistant
Lie
kir
Page 13 of 13
Cl)
Ct.
U
■-
E
X E
C1NC. 1989 , O
ti � C.)C p
■. ■� ?� •,__,
CO la ______,___
+aCO .~
0ct P-Li
t.: c);--,
C Ala ' ?4_, , ct
rv,„ (2)
= C '. -,,
0 Nists.0-s) e .r--4
O
ILU) cn , A4
NW :::-4 E r.7-4,
1 6
co
0 a
1 N ci) r—i
o c/' W
. il —16. ,
C 4.1 ,
,. 1_,
O o
N U ,-1
till
•
R fg
fix ',V,d �.
-"-.---\.
0
n
a tiJ ` '.f'i4 Q �,
. 4.
' IL e
-- 7-______ A317v — ----1L______." 1 f
:I
IX
��. t
fIn i4
C
O - i
•ram }i� `
"6") 0A7g,577tH Nibl ---
NfOj N
ii
U
0
ir
-.I
0
L
k.• f r U -
'
N N
o LL
�'
Vir
.e
6
,,,, 1
a,
Z " /'r
•
c , ► ,
r
L.L. CJ
s In �lr�
It
qq�.�.,.
ca
W o .`I i„,. . %...
> o'er
-' '':..
Q ` p_ H N ; J
_._ = �
C ,t
3
8 t
L.
..a'row .. ♦; .. •....k L
r
1 v '
,, r
N
j
1
T
L
a!
a
U
N OY
.. . .1...1.....: ''''".:.:"'' .fr:'_:!,..:.„....
k
,
O
iiii
L
L
U
aJ
-..,
!LI
• CamC ,, /-1
C.,) 0
• r-
Ft CI)
• r-4 "Ci ;-I
E
bk
a T
v , yl+ Ct ct
PI (1)
(1) rt N
r24p
• ,� o a� a)C.) r.--1 r-1 4F-ti E .1 ) '-1rt
V) co pTis •0 Cd la) CL)
O • pE _i
p - o •
• 4 o
r •
• ,/,
0
• E o •o
E 0 al
ID o
E C.) r-1 p-d
rai
• ,-•(
E (...) 4_,
O
V � �
4)
c:: C
3
(11)
Q,
.. .
Cct
ci)
INC. 19S9
C 0 yti 4-1
d'tCO vala ° ' 40 ,,,,11 tt
NMI I— 111
110 CO *wil ,„ ,t0P4,4515400 s, ..t, 1-5?‘
C Via ?:
' cA
.hw CO
r
= C �' • �� Ct U ct
OO ICI Act
UM (1) a ,
o 0., , z E 0
illm t....12 li, c. :1
i ;_, ct
c .4_ , . a
Lr,O CI) ct
WE 1
CU i,
If
19 la O .CtL
co
• F.1
O
Ct 71.1
U)
c
•
i { i( 1
c i 1 ,I.e
c71
S
',‘ift:::''',:k
tp
y y�
ri.......„-
y�p
M-
a{
v
N ,,
C
• rill.. .,., 7,1*, ' ,.4
0
MINIMMIal
1 ' L. Oct:
a'' :, Q
vo c is �.�=- a° d
f L
8;11
rt+ J
ki f :::1''''' ,;
"
t
‘4,il
>+
D O 1
U) n_
r
y /1 \
440
x
I ( / 916'llkeli t
C j
E cB U
O N
O L \ C Q)
U I— ca co
' p
s .tt = I
V / �� �1
0
J
i
•
0
t o
IIll
0
-1-J
0
_
I
0) v
On Z1
� PI:' .fA
O 41 O
.I.J •^,, E
' pm,i
0 Z) VI E .1)d
Cj U p .fA
.,
CO ci) U ,� '�
� O Z1 o.)
--+ 0 �O N ZI
In
1 E ,z) , -),.....,
c:5 P......) fr.,„ Pft 7_7,
cn ; `� •cn E
Q cry .� V)
,� mz o) '�
I U � c P"
C3 cV O
Lim
I rim: S .fa
4 _
z)
a) ,• ,.7, . , .
,,,•,_
.0 ..,...,
:1, • „-,
o o z.) P :1
E c ) • ,.
O •4....) p ‘i ,, ►�
,:,
Q .
a) „,,s, ,
v) • ,, i::1
rl
mr`45..1
-0 E ri '-'
•
C L.- 2 r'' rl
CU (1) o6)
Z "C
• (V
O
J Q) U 4_
V cry •
,
i_+
3_„
C.)
4-1
•r-4 O
E CO
• ► • ^
-O � - 4n)
Q.) CID ,C 74
Ci)r—C71C1 Ct CI) E 0
C.) r--.4 E 4-4 C't CO
.O �' CO
. O
Ct
.
O Z &D cn
a O ,o
• F—.4 E r.) 4—h
Ct
E ..i_i
. -
4_,
E 1 .
Q N V U .
4u
LAC
r
*CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Mike Archambault 6:30 PM
11)
*MOMENT OF REFLECTION—Chairman Mike Archambault
*ROLL CALL—Chairman Mike Archambault
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 December 8,2016. APPROVED
2. PUBLIC HEARING to receive comments on ORDINANCE #17-04, a text amendment to the Town of
Fountain Hills Zoning Map. If adopted,the amendment would rezone approximately 16.5 acres at 13225 N.
Eagle Ridge Drive(Copperwynd Resort), from"R-5 POD"to the"Copperwynd PAD"zoning district Case
Z 2017-02 OPENED 6:32 PM CLOSED 7:25 PM
3. CONSIDERATION of ORDINANCE #17-04, a text amendment to the Town of Fountain Hills Zoning
Map. If adopted, the amendment would rezone approximately 16.5 acres at 13225 N. Eagle Ridge Drive
(Copperwynd Resort),from"R-5 PUD"to the"Copperwynd PAD"zoning district. Case Z 2017-02 APPROVED
4. PUBLIC HEARING of ORDINANCE #17-03, amending the Fountain Hills Zoning Ordinance Chapter
25, by adding a new Section 25.03 to allow second-story and above residential dwelling units as permitted
uses within the Downtown Entertainment Overlay District.Case#Z17-01 OPENED 8:00 PM CLOSED 8:04 PM
5. CONSIDERATION of ORDINANCE #17-03, amending the Fountain Hills Zoning Ordinance Chapter
25,by adding a new Section 25.03 to allow second-story and above residential dwelling units as permitted
uses within the Downtown Entertainment Overlay District.Case#Z17-01 APPROVED
6. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow custom solar
golf car assembly and sales at 11605 East Saguaro OPEN $Boulevard
CLOSED in the
8:17 "C-2-Intermediate
Commercial"zoning district.Case#SU 2016-05
M
7. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow custom solar golf car assembly and
sales at 11605 East Saguaro Boulevard, located in the"C-2-Intermediate Commercial"zoning district.Case
#SU 2016-05 APPROVED
h. Planning and Zoning Commission Agenda
Page 2 of 3
\
i
,
8. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow a single
o
family residential dwelling unit at 16810 E. El Pueblo Boulevard,located in the"C-C—Common
Commercial"zoning district. Case#SU 2017-02 OPENED 8:27 PM CLOSED 8:30 PM
1
IF
9. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow a single family residential dwelling
unit at 16810 E. El Pueblo,located in the"C-C—Common Commercial"zoning district. Case#SU 2017- I'
02 APPROVED
NO ACTION TAKEN
10. COMMISSION DISCUSSION(REQUEST FOR RESEARCH to staff. 4
Item listed below are related only to the propriety of(O placing such items on a future agenda for action or
(ii) directing staff to conduct further research and report back to the Commission.
NO ACTION TAKEN
11. SUMMARY OF COMMISSION REQUESTS from Development Services Director.
12. REPORT from Development Services Director. NO ACTION TAKEN
13. ADJOURNMENT 8:37 PM
Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in
the Planning&Zoning Division of the Development Services Depa ent.
0 DATED this 28`"day of February 2017. By:
ob rs,Development Services Manager
Town of ountain Hills
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."
L.
Planning and Zoning Commission Agenda
Page 3 of 3