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Home My WebLink AboutPZ.2017.0525.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING&ZONING COMMISSION May 25,2017 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, Howie Jones and Roger Owers. Also in attendance were Bob Rodgers, Development Services Director, and Paula Woodward, Executive Assistant and Recorder of the minutes. Commissioner Erik Hansen was absent. 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 Paula Woodward answered there were no requests. AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING COMMISSION MEETING MINUTES DATED March 23,2017. Vice-Chairman Mikolajczyk MOVED to APPROVE the meeting minutes dated Thursday, March 23, 2017 as written. Commissioner Dabrowski SECONDED and the MOTION CARRIED ® UNANIMOUSLY 6/0. AGENDA ITEM #2 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW A 25-FOOT TALL GOLF BALL FENCE TO BE INSTALLED AT 16932 E. MONTEREY DRIVE, LOCATED IN THE "R1-35 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT — 35,000 SQUARE FEET PER DWELLING UNIT" ZONING DISTRICT. CASE#SU2017-03 Chairman Archambault opened the public hearing at 6:32 p.m. Mr. 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 details of a Special Use Permit request from Burcel Builders, Inc. on behalf of Dorothy Cremonese to allow a protective golf ball net to be installed at 16932 E. Monterey Drive, pursuant to Zoning Ordinance, Section 5.09.A.1. Mr. Rodgers referred to the overhead showing the aerial view of the property location. Mr. Rodgers said that the house is located on the left side of the 14th fairway of the Desert Canyon Golf Course and is approximately 330' from the nearest tee boxes. He referenced photos of the location showing the approximate location where the protective fence is proposed to be erected. The fence will be about ninety-four feet long, twenty-five feet tall,the netting will be black,and the poles will be dark green. He showed an example picture of what the golf fence would look like. Mr. Rodgers said there appears to be a legitimate hazard as he displayed pictures showing damage to the house and why the applicants would need a protective fence. Mr. Rodgers concluded that Staff recommends that the Planning and Zoning Commission forward a recommendation to the Town Council to approve the installation of the protective golf fence at 16932 E. Monterey Drive as presented. Chairman Archambault asked if there were any requests to speak from the public and the Recorder Paula Woodward answered there were no more requests. Page 1 of 4 Chairman Archambault closed the Public Hearing at 6:35 p.m. AGENDA ITEM #3 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO %row ALLOW A 25-FOOT TALL GOLF BALL FENCE TO BE INSTALLED AT 16932 E. MONTEREY DRIVE, LOCATED IN THE "R1-35 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT — 35,000 SQUARE FEET PER DWELLING UNIT" ZONING DISTRICT. CASE # SU2017-03 Chairman Archambault asked if the applicant was within the 400 feet of the golf course tee box. Mr. Rodgers said they were well within the 600 (330'+) feet of the forward-most golf course tee box or driving range as required in the Zoning Ordinance. Commissioner Dabrowski asked when was the home built. Mr. Rodgers replied the home was built in 2002. Vice-Chairman Mikolajczyk asked who is the applicant. Mr. Rodgers said the applicant was Bercel Builders on behalf of the home owner. Discussion took place among the commissioners which concluded that the evidence of damage to the home was extensive and ongoing. The commissioners agreed the applicant meets all the criteria required in order to install a golf net. Chairman Archambault asked if there were any more questions or comments and then asked for a motion. Cr Commissioner Jones MOVED to forward a recommendation to Town Council to approve the Special Use Permit to allow the installation of a golf ball fence at 16932 East Monterey Drive. Commissioner Owers SECONDED and MOTION CARRIED UNANIMOUSLY 6/0. AGENDA ITEM #4 - PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED TEXT AMENDMENTS TO CHAPTER 5, SECTION 5.19 OF THE ZONING ORDINANCE AND ARTICLE 6, SECTION 6.09.B.6 OF THE SUBDIVISION ORDINANCE, RELATED TO THE INSTALLATION AND CONTINUED MAINTENANCE OF LANDSCAPING WITHIN THE FRONT AND STREET SIDE YARD AREAS OF DEVELOPED LOTS. Chairman Archambault opened the Public Hearing at 6:39 p.m. Mr. 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 Ordinance 17-06 which addressed the long- term maintenance of landscaping on lots that have frontage on town streets. Mr. Rodgers said the ordinance addresses two concerns; Commercial properties & Residential properties. He said new Commercial development is required to provide landscape and irrigation plans as part of their building permit application. Once approved, they're required to install the landscaping and make sure that it survives at least one year. This has generally been sufficient. However, recently some commercial properties have cleared the landscaping along their street frontages with no intention of replacement. This has generated concerns about the town's aesthetic character. Mr. Rodgers stated Ordinance 17-06 amends Section 5.19 of the Zoning Ordinance so that general maintenance and trimming of street-front landscaped areas will still be allowed but it will also require that those areas must remain landscaped and any significant changes must first be permitted in a similar manner as the original Ikrir Page 2 of 4 permit. Additionally, there will no longer be a one year limit on the landscaping requirement. Simply removing the landscaping along the road frontage will no longer be allowed regardless of Lir how long it has been located on the site. Mr. Rodgers said that new building permit applications for house construction must contain complete landscape and irrigation plans as part of their submittal. This requirement has occasionally caused delays because applicants didn't provide those plans initially. Residential landscaping can also be very personalized and each new house has different designs, or the applicants aren't sure what they'll want before their house is actually built. Ordinance 17-06 amends Section 6.09 of the Subdivision Ordinance so that rather than requiring a full landscape and irrigation plan with the building permit application, there'll only be a requirement that the plan show a minimum number of plantings along the front(12 plants) and/or street-side (6 plants) of the property. The number of plantings will be verified during the final inspection. The type and size of the plants will be left up to the homeowner. After that, there will be the same requirement for a permit if there is a major change, and also the requirement for continuous maintenance of street frontages, will still be in effect. The same as for the commercial properties. Mr. Rodgers said the changes will make the review, approval, and the enforcement of continued maintenance much easier for staff to monitor while still providing the residents flexibility in their landscaping designs. Mr. Rodgers concluded with the staff recommending that the Planning & Zoning Commission forward a recommendation to the Town Council to approve Ordinance 17-06 as presented. Chairman Archambault asked if there were any requests to speak from the public and the Recorder Paula Woodward answered there were no more requests. Chairman Archambault closed the Public Hearing at 6:42 p.m. AGENDA ITEM #5 - CONSIDERATION OF PROPOSED TEXT AMENDMENTS TO CHAPTER 5, SECTION 5.19 OF THE ZONING ORDINANCE AND ARTICLE 6, SECTION 6.09.B.6 OF THE SUBDIVISION ORDINANCE, RELATED TO THE INSTALLATION AND fir. CONTINUED MAINTENANCE OF LANDSCAPING WITHIN THE FRONT AND STREET SIDE YARD AREAS OF DEVELOPED LOTS. CASE#Z2017-05 Chairman Archambault asked how would this be regulated. Mr. Rodgers said staff would enforce and monitor adherence to the ordinance. Violation of the ordinance is a civil offense. Commissioner Dempster asked if this was retroactive. Mr. Rodgers said it would not be applicable to any instances prior to the ordinance approval. Commissioner Dempster suggested it would be a good idea to inform the public of the change through news media and other avenues. Commissioner Owers asked what is the commercial property owner's recourse. Mr. Rodgers said if they were found to be in violation they would have to either replace what was removed or design a new plan for approval and installation. Commissioner Dabrowski asked how would unoccupied or leased commercial properties comply. Mr. Rodgers said if a property was non-compliant the property management company or property owner would be contacted. The owner(landlord)would address it with the tenant. L Page 3 of4 After the Commission discussion, Chairman Archambault asked for a motion. Vice-Chairman Mikolajczyk MOVED to forward a recommendation to Town Council to approve Ordinance 17-06, requiring continuous maintenance of front and street side landscaping on properties in Fountain Hills, as presented. Commissioner Dempster SECONDED and MOTION CARRIED UNANIMOUSLY 6/0. AGENDA ITEM#6- 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 (ii) directing staff to conduct further research and report back to the Commission. None AGENDA ITEM #7 - SUMMARY OF COMMISSION REQUESTS FROM DEVELOPMENT SERVICES DIRECTOR. None AGENDA ITEM#8-REPORT FROM DEVELOPMENT SERVICES DIRECTOR. None AGENDA ITEM#9-ADJOURNMENT. Commissioner Dabrowski MOVED to adjourn the meeting at 6:57 p.m. and Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY. FOUNTAIN HILLS PLANNING&ZONING COMMISSION BY: �o 61,3 + 0� ,Chairman Mike chambault ATTEST: T Q 0-Plid.aid Paula Woodward,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 25th day of May, 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 present. 'PetitLt. tdeiNbAAttA_ Paula Woodward,Executive Assistant 4111) Page 4 of 4 A ,.11 MN At POST ACTION MEETING AGENDA / J, REGULAR MEETING NOTICE Near, 3 } t% OF THE 'hat is my' PLANNING AND ZONING COMMISSION Commission Members: Chairman Mike Archambault, Vice-Chairman Eugene Mikolajczyk Commissioners:Amberleigh 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 May 25,2017 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,May 25,2017 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. 1.441. Planning and Zoning Commission Agenda Page 1 of 3 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Mike Archambault 6:30 PM ``.► * 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 23,2017. APPROVED 2. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow a 25-foot tall golf ball fence to be installed at 16932 E. Monterey Drive, located in the "R1-35 Single-Family Residential Zoning District—35,000 Square Feet per Dwelling Unit"zoning district.Case#SU2017-03 OPENED AT 6:32 PM CLOSED AT 6:35 PM 114a,. 3. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow a 25-foot tall golf ball fence to be installed at 16932 E. Monterey Drive, located in the"R1-35 Single-Family Residential Zoning District—35,000 Square Feet per Dwelling Unit" zoning district.Case# SU2017-03 APPROVED 4. PUBLIC HEARING to receive comments on proposed TEXT AMENDMENTS to Chapter 5,Section 5.19 of the Zoning Ordinance and Article 6, Section 6.09.B.6 of the Subdivision Ordinance, related to the installation and continued maintenance of landscaping within the front and street side yard areas of developed lots. OPENED AT6:39 PM CLOSED AT 6:42 PM 5. CONSIDERATION of proposed TEXT AMENDMENTS to Chapter 5, Section 5.19 of the Zoning Ordinance and Article 6, Section 6.09.B.6 of the Subdivision Ordinance, related to the installation and continued maintenance of landscaping within the front and street side yard areas of developed lots. Case #Z2017-05 APPROVED 6. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.NONE 7. SUMMARY OF COMMISSION REQUESTS from Development Services Director. NONE 8. REPORT from Development Services Director. NONE Planning and Zoning Commission Agenda Page 2 of 3 9. ADJOURNMENT 6:57 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 Departme . DATED this 16th day of May 2017. By: R rt odge , evelopment Services Manager Town of Fo t n 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." Planning and Zoning Commission Agenda Page 3 of 3