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HomeMy WebLinkAboutPZ.2017.0323.Agenda 0��1 AN �t 44, REGULAR MEETING NOTICE ao OF THE t� b . Asir''' • that is ATV. PLANNING AND ZONING COMMISSION Commission Members: Chairman Mike Archambault, Vice-Chairman Eugene Mikolajczyk Commissioners:Amber!eigh Dabrowski,Susan Dempster,Erik Hansen,Howie Jones, and Roger Owers 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 23, 2017 at 6:30 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: 6:30 P.M. —REGULAR SESSION WHEN: THURSDAY,March 23,2017 WHERE: TOWN HALL COUNCIL CHAMBERS 16705 EAST AVENUE OF THE FOUNTAINS 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, you will be asked to leave. Planning and Zoning Commission Agenda Page I of 3 r * CALL TO ORDER AND PLEDGE OF ALLEGIANCE-Chairman Mike Archambault Si11116r * 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 March 09,2017. 2. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a 34" tall, faux water tower, cellular antenna at the Adero Canyon entry gatehouse site. Case#SU2016-01 C 3. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a 34" tall, faux water tower,cellular antenna at the Adero Canyon entry gatehouse site. Case#SU2016-01 4. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. /45Y1& 5. SUMMARY OF COMMISSION REQUESTS from Development Services Director. �A.e/ 6. REPORT from Development Services Director. li „e7 7. 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 Dep. tment. DATED this 16th day of March 2017. By: /'C.�.- �/ •obert 'edgers, Development Services Manager Tow o Fountain Hills The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 166, 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request reasonable accommodations to Manning and Zoning Commission Agenda Page 2 of 3 participate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. (16 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." C Planning and Zoning Commission Agenda Page 3 of 3 1A,N TOWN OF FOUNTAIN HILLS Oitao X Planning and Zoning Board of Adjustment -I„ - - .0. e4at is M.`1" AGENDA ACTION FORM Meeting Date: March 23, 2017 Meeting Type: Regular Agenda Type: Regular Submitting Division: Development Services Staff Contact Information: N/A REQUEST TO PLANNING & ZONING COMMISSION: CONSIDERATION for approving the PLANNING & ZONING COMMISSION REGULAR MEETING MINUTES from March 09, 2017. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Recommendation(s): Approval Staff Recommendation(s): Approval SUGGESTED MOTION: Move to Approve the Planning & Zoning Commission Regular Meeting Minutes dated March 9, 2017, as presented. Attachment(s): N/A Submitted by: ��qQ Approv by: Pay,`Ill( u�w21.- 03/16/2017 03/16/2017 Paula Woodward, Executive Assistant Date rt Ro rs, Development Services Director Date Page 1 of 1 ‘411160, NO•AINy� TOWN OF FOUNTAIN HILLS X Planning and Zoning miff Board of Adjustment ibat fs Ary�. AGENDA ACTION FORM Meeting Date: March 23, 2017 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information:Bob Rodgers,Director,480-816-5138, rrodgers@yfh,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 34"tall, faux water tower,cellular antenna at the Adero Canyon entry gatehouse site. Case# SU2016-01 CONSIDERATION of a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a 34" tall, faux water tower,cellular antenna at the Adero Canyon entry gatehouse site. Case #SU2016-01 Applicant: Jason Sanks,Shaw&Associates, PLC Applicant Contact Information: 1222 W.Cavedale Drive Phoenix,AZ 85085 (602) 326- 0581 Owner: Jeremy Hall,MCO Properties -Adero Canyon LLC Owner Contact Information: 13260 N.Saguaro Blvd Fountain Hills,AZ 85268 (480) 837 - 9660 Property Location: 13225 N. Eagle Ridge Drive Fountain Hills,AZ 85268 APN 217-69-110 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 Staff Summary (background): The Verizon Wireless site is located on ParcelslOA in Adero Canyon which is the parcel located as an island between the inbound and outbound lanes of Eagle Ridge Drive. The Adero Canyon gate house is Verizon Faux Water Tower Antenna 3/23/2017 located on this parcel.The tower is being designed as a 34" tall faux water tower in an old-west style and will be located just north of the gatehouse. 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 of the Zoning Ordinance, the Town Council will 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 faux water tower antenna is 34' tall. This exceeds the 25' height limit of the Adero Canyon PAD - SA zoning district by 9'. This requirement may be waived for communication towers as part of the Special Use Permit by the Town Council when deemed appropriate. Staff Staff believes that the height of the tower will not create undue physical or aesthetic affects on the town or nearby properties. 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 fall down distance is not achievable in this location. The tower will be located immediately adjacent to the Eagle Ridge Drive right-of-way with a fall down distance of 17. if the tower should fail it will fall into the right-of-way. However, since the antennas are a unique stealth design and are inside the faux water tower, one could argue that the building setback(15')should apply instead. Since the structure is 17' off the property line that could be considered as meeting the intent of this ordinance requirement. Staff is not going to recommend denial. But, we do have to point out the fall down distance problem and the above-noted possible work-around. It is ultimately up to the Planning & Zoning Commission to make a recommendation and Council to make the final decision as to what is reasonable in this case. Page 2of4 Verizon Faux Water Tower Antenna 3/23/2017 b. Proximity of the tower to residential structures and residentially zoned district Sky. boundaries; The zoning ordinance requires that any tower within 300' of residentially zoned property receive Special Use Permit approval from the Town Council. Staff The tower is in the Adero PAD -SA district which is not a residential zone. However it is less than 100'from Parcel 10 which is zoned "Adero PAD - MF" (Multi-Family Residential). Therefore, staffs opinion is that the residential setback requirements have not been met and the Special Use Permit is required. c. Nature of uses on adjacent and nearby properties; The properties immediately adjacent to the faux water tower site are Parcel 10 to the north which is zoned Adero PAD - MF and is currently vacant, and Parcel 1 to the south which is zoned R1-6 and is being developed with single-family homes. The area of Parcel 1 closest to the tower site is designated open space and the closest residences will be over 300' away from the proposed tower. The nearest adjacent right-of-way is about 17' from the proposed antenna location. Staff Due to the entire area being currently under construction, staffs opinion is that the requirement that the proposal not be potentially detrimental to surrounding properties has been met d. Surrounding topography; The surrounding topography will not present any problems with the placement or use of the radio tower. Staff Staffs opinion is that the topography will not affect the tower placement. e. Surrounding tree coverage and foliage; There is currently little existing tree coverage or foliage within the parcel. Staff Staffs opinion is that additional landscaping will be installed on the Parcel prior to final Certificate of Occupancy. f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; The proposed faux water tower is a unique stealth design. Staff Staff believes that this design will not create additional negative visual impacts. g. Proposed ingress and egress; The proposed tower is located within an existing fenced enclosure and is easily accessed by maintenance vehicles. Staff The proposal 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); Page 3 of 4 Verizon Faux Water Tower Antenna 3/23/2017 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. The applicant states that there are no alternative towers in the vicinity. The applicant also states that there are no alternative technologies available. Risk Analysis (options or alternatives with implications): NA Fiscal Impact(initial and ongoing costs; budget status): NA Staff Recommendation(s): Staff recommends that the Commission forward a recommendation to Town Council to either deny the application, or approve the Special Use Permit and allow the 34' tall faux water tower cellular antenna to be installed in an alternate location due to the fall down distance requirement not being met. SUGGESTED MOTION: Move to forward a recommendation to the Town Council to approve the Special Use Permit and allow the 34' tall faux water tower cellular antenna to be installed inside the faux water tower structure as presented and in the location proposed. Attachment(s): Application Applicant's Narrative Photo Sims (7 pgs) Plans (6 pgs) Subm' d b . 3 7 2017 evelop e t Services Director Date tp, Page 4 of 4 4.t,,,T aiN it,. DO Not write in this space—official use only 40 moo,. ,-. t `. �.1\I, Filing Date i--L(a 1 ( ? Accepted By rn 3 o--- Fee Accepted VO.''O �G 1 & 1,,,6 . a Case Manager _J" that is aay. ("5 1( Ili-vrZ t 5 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 Agreement HPE Change or Abandonment General Plan Amendment Ordinance(Text Amendment) Planned Unit Development Preliminary/ Final Plat I Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) ✓ Special Use Permit&Amendments Site Plan Review(vehicles sales) Temporary Use Permit(Median Fee,if applicable) Variance Other PROJECT NAME I NATURE OF PROJECT: i C LEGAL DESCRIPTION: Plat Name Block Lot PROPERTY ADDRESS: 13225 N.Eagle Ridge Dr.Fountain Hills,AZ 85268 PARCEL SIZE (Acres) 54 Acres ASSESSOR PARCEL NUMBER 217-69-110 NUMBER OF UNITS PROPOSED 1 Wireless Cell Facility TRACTS 1 Wireless Cell Facility EXISTING ZONING PAD PROPOSED ZONING A licant Mrs. Jason Sanks-Shaw&Associates,PLC Day Phone 602-326-0581 ✓ Mr. Ms. Address: 1222 W.Cavedale Dr. City: Phx State: AZ Zip: 85085 Email: isanks@shaw-associates.com Owner Mrs. Jeremy Hall,MCO Properties-Adero Canyon,LLC Day Phone 480-837-9660 ✓ Mr. Ms. Address: 13260 N.Saguaro Blvd Suite 200 City: Fountain Hills State: AZ Zip: 85268 If application is being submitted by someone o .er than the owner of the property under consideration,the section below must be completed. SIGNATURE OF OWNER .i.i- I DATE ►2_ 12-r ) / $--- I HEREBY AUTHORIZE ./a-s-ov--. ' - (L S TO FILE THIS APPLICATION. Please Print Subscribed and sworn b fore.me this ,)-1,f- day of .1I E.0 ct ?.Lv , 20 I S . e,t,,ys.6- 4✓ 1,-1-cv....41..4.__i My Commission Expires I—2 t—t --/ Notary Public MUNIS 0✓mil/ 4 APPLICATION # S(A 20I('-O' CASSANDRA B. HANSEN 1 =7 Notary Public-Arizona 1 ''. 1� Maricopa County 1 �ty, • My Comm. Expires Jan 20,2017 0 SU2016-01 M#6511 Verizon Wireless Communications Facility 13225 E. Eagle Ridge Drive r11 Submittal 216I2017 41111 434 VerigiMn February 1,2017 Shaw and Associates,PLC Attn: Jason Sanks 1222 W.Cavedale Dr. Phoenix,AZ 85085 ?-0 6-1 7 P 01 : 31 R C V U City of Fountain Hills Planning and Zoning Department 16705 E. Avenue of the Fountains Fountain Hills,AZ 85268 Re: PHO Canyon Crest Narrative—SUP Application for Wireless Communication Facility Located at 13225 N.Eagle Ridge Dr. Fountain Hills,AZ 85288 Proposed Use As part of an ongoing effort to maintain its superior wireless network in Fountain Hills, Arizona, Verizon Wireless is proposing to construct a Wireless Communication Facility in the form of a faux "water tower" along with associated ground equipment including a backup emergency generator at the location of 13225 N.Eagle Ridge Dr.Fountain Hills. The+/-23,572 sq.ft property is currently raw land on Parcel 10-A of APN 217-69-110. The proposed Verizon Wireless Telecommunications Facility will have a 29' foot height to the RAD center of the proposed Antenna array and a total height of 34' feet at the top of the water tower roof. The new Verizon Wireless lease area will be approximately 20' x 20' (400 sf), including the water tower and all associated equipment and will be surrounded by a 8' foot tall stone wall that will be finished to match the façade of the existing adjacent building. The purpose of this site is to improve coverage and enhance capacity for all of the residential and commercial properties within approximately 1.5 miles of the site. The proposed site will include a single parking space in the parking lot for the Verizon technician who will monitor and maintain the tower on a quarterly basis. The proposed timeline for the installation of the facility is the 2nd quarter of 2016. Site Description The subject location (Parcel 10-A) consists of 23,572 sq ft. located on APN 217-69-110 and is owned by Adero Canyon, LLC. The lease area of the proposed faux "water tower" will be considerably smaller, at 400 square feet including the water tower and all associated equipment. This parcel is currently vacant land platted for residential subdivision and zoned as Adero Canyon PAD SA. The WCF equipment enclosure will be located along the south portion of the property line,mid parcel. The WCF will consist of an equipment shelter that will house the electronic equipment needed to run the WCF and a diesel backup generator. This equipment will be surrounded by an 8' stone wall and enclose the location of the existing equipment. The water tower will be located adjacent Wage to N. Eagle Ridge Dr. and will meet the necessary setbacks from residential properties. Although the site will be unmanned, it will require routine quarterly visits for a few hours at a time for site maintenance and equipment updates. Vehicular access for this facility will be granted by the through an access easement. Adverse Impact The site will not have any adverse impact on the surrounding properties. The facility will be designed to look like a water tower, which will blend in well with the surrounding landscape and further serve a more pleasingly aesthetic purpose than that of a traditional monopole. No known adverse impacts are known to have been caused by the existing WCF in this location. The stealth design and substantial buffering from residential uses/zones make the site an excellent location that will have minimal aesthetic impact. The noise generated from the site will be minimal, and will not have any adverse effect on the surrounding properties. The equipment cabinet will house two air conditioning units that will be similar in noise level to residential home units. The diesel backup generator will only be switched on if the power fails to the Verizon site, and during the weekly 30 minute test cycle process that can be set to run at any time, depending on the parcel owner's (or the Town's) preference. The generator noise level is equivalent to a vacuum cleaner or idling vehicle when activated. Request for Waivers We are requesting three waivers for this request. They include the(Ilor 1. Fall down less than 34' (17') 2. Height over 25' (34') 3. Less than 100' to MF For waiver #1, we seek a fall down height of 17' due to the unique shape of this property. Fortunately, the parcel is buffered on both sides by right-of-way, so in no case could this facility fall down onto adjacent private property. Furthermore,the construction of the facility is unique in that it is not a single pole,but rather constructed with four columns to support the faux water tower. The ability of it to fall over and cross a property line is very unlikely with this construction method. For waiver #2, we seek a height of 34',just 9' taller than the relatively short maximum height allowed by code. We seek this height so that we can meet our objectives of improving service in the area while at the same time allowing the faux water tower to look as realistic and be as co- locatable as possible. Any reduction in height would significantly limit the effectiveness of our need to improve wireless service in the area. Also, the height is necessary in the event another carrier would like to co-locate on the underneath side of the tower. For waiver#3,we seek a setback of less than 100' to MF. This was a primary reason for choosing the faux water tower screening method which is much costlier than other installation methods and looks great. We have made every attempt to make the installation attractive and blend into the surrounding area with the stone walls and enhanced architecture. Also, the proximity of our installation will also help us to better serve those residents' wireless needs. L Wage n > 0 cn =1 m m Z r rn Z A 8 a* m " m g -i 3p • a-. 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