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HomeMy WebLinkAboutPZ.2017.0928.Agenad 111 AID'y1:e. POST ACTION MEETING AGENDA c NOTICE OF THE JOINT SESSION OF THE z o,�-- FOUNTAIN HILLS TOWN COUNCIL AND PLANNING AND ZONING ir g COMMISSION AND REGULAR SESSION OF THE PLANNING AND that is AS�1'O ZONING COMMISSION Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Alan Magazine Councilmember Nick DePorter Councilmember Art Tolis Councilmember Henry Leger Councilmember Cecil A.Yates Chairman Mike Archambault Commissioner Amberleigh Dabrowski Vice-Chairman Eugene Mikolajczyk Commissioner Susan Dempster Commissioner Howie Jones Commissioner Erik Hansen Commissioner Roger Owers TIME 5:30 P.M.—JOINT SESSION WHEN: THURSDAY, SEPTEMBER 28, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS,AZ Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call;a quorum of the Town's Councilmember's or various Commissions or Boards may be in attendance at the Commission meeting. 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 Town Council 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.§ I-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE PLANNING AND ZONING COMMISSION Anyone wishing to speak before the Planning and Zoning Commission must fill out a speaker's card and submit it to the Recorder prior to Commission 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 and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual commissioners. Speakers' statements should not be repetitive. 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 during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the commission. Time limits may be waived by(i) discretion of the Development Services Director 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. Please be respectful when making your comments. If you do not comply with these rules,you will be asked to leave. JOINT SESSION AGENDA • CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Mike Archambaul '30 PM • MOMENT OF REFLECTION—Chairman Mike Archambault • ROLL CALL—Chairman Mike Archambault 1. REVIEW of the Commissions Activities for the past year. NO ACTION TAKEN 2. DISCUSSION of the Public Art requirement process.NO ACTION TAKEN 3. DISCUSSION of the Parking Standards.NO ACTION TAKEN 4. ADJOURNMENT.6:42 PM REGULAR SESSION OF THE PLANNING AND ZONING COMMISSION REGULAR AGENDA • CALL TO ORDER—Chairman Mike Archambault 6:46 PM • ROLL CALL—Chairman Mike Archambault Call To The Public Pursuant to A.R.S. §38-431.01(H), 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 properly noticed for discussion and legal action. At the conclusion of the call to the public,individual Commission 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. 1. CONSIDERATION of APPROVING the PLANNING AND ZONING COMMISSION MEETING MINUTES from August 24, 2017.APPROVED 2. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding ACT1el� inTAKEn. 3. ADJOURNMENT.6:52 PM IV DATED this 21"day of September,2017. o ert odgers, Development Services Director The Town of Fountain Hills endeavors to make all public meetings a cessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. L TAilVyt O o` \t' NOTICE OF THE JOINT SESSION OF THE 0 FOUNTAIN HILLS TOWN COUNCIL AND PLANNING AND ZONING 9i� s ooQ COMMISSION AND REGULAR SESSION OF THE PLANNING AND that is M' ZONING COMMISSION Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Alan Magazine Councilmember Nick DePorter Councilmember Art Tolls Councilmember Henry Leger Councilmember Cecil A.Yates Chairman Mike Archambault Commissioner Amberleigh Dabrowski Vice-Chairman Eugene Mikolajczyk Commissioner Susan Dempster Commissioner Howie Jones Commissioner Erik Hansen Commissioner Roger Owers TIME 5:30 P.M.—JOINT SESSION WHEN: THURSDAY,SEPTEMBER 28, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS,AZ Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call;a quorum of the Town's Councilmember's or various Commissions or Boards may be in attendance at the Commission meeting. Notice is hereby given that pursuant to A.R.S. § l-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 Town Council 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.§ l-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE PLANNING AND ZONING COMMISSION Anyone wishing to speak before the Planning and Zoning Commission must fill out a speaker's card and submit it to the Recorder prior to Commission 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 and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual commissioners. Speakers' statements should not be repetitive. 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 during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the commission. Time limits may be waived by(i) discretion of the Development Services Director 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. Please be respectful when making your comments. If you do not comply with these rules,you will be asked to leave. JOINT SESSION AGENDA • CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Mike Archambault So. • MOMENT OF REFLECTION—Chairman Mike Archambault • ROLL CALL—Chairman Mike Archambault 1. REVIEW of the Commissions Activities for the past year. 2. DISCUSSION of the Public Art requirement process. 3. DISCUSSION of the Parking Standards. 4. ADJOURNMENT. REGULAR SESSION OF THE PLANNING AND ZONING COMMISSION REGULAR AGENDA • CALL TO ORDER—Chairman Mike Archambault • ROLL CALL—Chairman Mike Archambault Call To The Public Pursuant to A.R.S. §38-431.01(H), 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, �r and manner restrictions. The Commission will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,individual Commission 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. 1. CONSIDERATION of APPROVING the PLANNING AND ZONING COMMISSION MEETING MINUTES from August 24, 2017. 2. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the joint session. 3. ADJOURNMENT. DATED this 2l'day of September,2017. o ert odgers,Development Services Director The Town of Fountain Hills endeavors to make all public meetings a cessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. L ���A,N�j TOWN OF FOUNTAIN HILLS e X Planning and Zoning • .or . • Board of Adjustment 9,i4a;A ice, AGENDA ACTION FORM Meeting Date: September 28, 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 August 24, 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 August 24, 2017, as presented. Attachment(s): N/A Submitted by: Approved 09/21//17 09/21/17 Paula Woodward, Executive Assistant Date Rob Rodge , evelopment Services Director Date Page 1 of 1 �� ate aN O , z z %,\ r fl _ • 'D �!''ha is AO' PUBLIC ART FUND DEVELOPMENT GUIDELINES Contact Information: Planning & Zoning Department 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 (480) 816-5122 (480) 837-3145 (Fax) www.fh.az.gov III781818.I What is the goal of the Public Art Fund Requirement of the Zoning Ordinance? The goal of the Town of Fountain Hills' Public Art Requirement of the Zoning Ordinance is to beautify the community with a wide variety of high-quality art projects. The presence of artwork in developments creates a competitive edge by attracting people who are curious about the artwork. Residents and visitors may pause to enjoy the artwork's surprising and aesthetic delights and often return to experience it again while shopping or conducting business. What does the Zoning Ordinance require? The Town of Fountain Hills Public Art Requirement, established in subsection 19.05(I) in the Fountain Hills Zoning Ordinance, includes the following provisions: • Developers of any new professional office, lodging projects, retail, service, commercial, wholesale, transportation, industrial developments, re-developments or expansion projects and multi-family projects with five or more dwelling units within the Town of Fountain Hills are required to provide public artwork. The public art must have an invoiced cost or appraised value equal to one percent of the cost of building construction, including associated site work and signage; water features (using recycled water) are preferred. • As an alternative to providing public art, developers may make a donation to the Fountain 411) Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. • The public art requirement must be met prior to the issuance of a Certificate of Occupancy. Applicants choosing to purchase a piece of art are encouraged to submit an Initial Art Plan and meet with the Fountain Hills Public Art Committee (the "Public Art Committee") to demonstrate that the proposed development or project will comply with the ordinance. The art contribution should be approved by the Public Art Committee as being in compliance with the ordinance. Approved artwork must be installed in accordance with approved construction and landscape plans. What on-site artworks are acceptable? Artwork selected by the developer must be integrated with the project must be located on an exterior of the structure or the building site, be visible to the public at all times and be accessible for at least 40 hours per week. Acceptable forms of art include the following: • All forms of limited edition or one-of-a-kind original creations of visual art created by an artist. • Project features and enhancements which are unique and produced by a professional artist such as benches and fountains. 783838.1 • Murals or mosaics covering walls. • Professional artist sculptures which can be freestanding, wall-supported or suspended and made of durable materials suitable to the site and the climate. • Other suitable artworks as presented in a catalogue and previously approved by the Public Art Committee. • The location of the artwork should be in an outdoor location to allow unrestricted visibility by the public 24 hours per day. Approved sites are Town owned property, including rights-of-way, parks, Community Center/Town Hall complex or the developer's own property. Art on private property will be supported entirely by private development; the Public Art Committee will be available and facilitate the private developers' identification of art opportunities and selection of artists. • A plaque will be placed that will identify the art and the artist. What on-site artworks are not eligible? • Business logos or art that incorporates a logo. • Directional elements such as supergraphics, signage or color coding except where these elements are integral parts of the original works of art. • Mass-produced art objects, such as fountains, statuary objects, or playground equipment. • Reproduction by mechanical or other means of original works of art. • Decorative ornamental or functional elements created by the project architect instead of an artist commissioned for this purpose. • Landscape architecture or gardening except for elements designed by the artist as an integral part of the work of art. • Electrical, water or mechanical service for activation of the works of art. • Art exhibitions and educational activities. • Security and publicity concerning works of art. • Standard landscape or hardscape elements which would normally be associated with the project. cry 783838.1 2 What are the eligible costs for artworks? When preparing a budget for the artwork, certain costs may be included to meet the developer's required art investment: • Professional artist's budget, including artist fees, materials, assistants' labor costs, insurance, permits, taxes, business and legal expenses, operating costs and art dealer's fees if such fees are necessary and reasonable. • Fabrication and installation of the artwork, including base and/or foundation if necessary. • Site preparation for artwork. • Structures enabling the artist to display the artwork. • Documentation of the artwork. • Acknowledgment plaque identifying the artist, artwork and development. Responsibility After Installation • Art located on the developer's property will remain the developer's property, subject to a covenant on the part of the developer that the piece will remain in public view. It will be the developer's and subsequent property owner's responsibility to insure and maintain the piece of art. The insured value must equal the appraised value. • Art located on Town-owned property shall be dedicated to the Town. The final location will be reviewed by the Town's Facilities Division to ensure compliance with American with Disabilities Act (ADA), if applicable, and to minimize conflicts with public utilities in Town rights-of-way. The Town will insure and maintain all pieces on Town-owned property. Approval Process The following checklist has been prepared by the Public Art Committee to help a you create a successful public art project. Contact the Public Art Committee should you have any questions about these guidelines. ❑ Initial Art Project Plan: If the applicant chooses the option of acquiring a piece of art,it is suggested that he prepare an Initial Art Plan. Fax, mail or e-mail a one-page narrative to the Public Art Committee with the following information: • Initial ideas for the art project. • The required art investment. 783838.1 3 • The artists being considered and the type of professional artist needed for this Coy project. • Name of professional artist, if selected. • Developer goals for the project. • Concepts and budget for the proposed artwork. • Location and visibility of proposed artwork. The Public Art Committee will notify the Planning & Zoning Department that an Initial Art Plan has been received. If a developer chooses to contribute the required art investment to the Public Art Fund, monies must be deposited into the Public Art Fund with the Town in order to receive approval for the Certificate of Occupancy. If requested, the Public Art Committee staff will work closely with the developer to identify an appropriate use of the contribution that will benefit both the developer and the Town's Public Art Program. ❑ Public Art Committee Submittal: When the developer is ready for the proposed art project to be reviewed, he/she should contact the Public Art Committee to verify a meeting date. The Public Art Committee will review the art project plan considering comments, needs, values and these guidelines. The committee normally meets the first Thursday of each month. Please prepare five copies of the following information and submit it to the Fountain Hills Public Art Committee two weeks prior to the scheduled meeting. A presentation will need to be given by the developer (or his/her representative) at the meeting to discuss: • Narrative description of proposed artwork. • Budget detailing applicable costs: artist's fees and expenses, costs for fabrication, installation, site preparation, structures to display artwork, plaque, and administrative costs. • Agreement between the developer and artist(s). • Scale site plan and landscape plan. • Scale drawing or model. • Perspective view showing the proposed artwork in the development context. Prior to making a recommendation, the Public Art Committee will consider the following: 1) Is the selected artwork produced by a professional artist? The committee will review such items as the person's educational background in the arts, arts accomplishments within the past five years such as gallery or museum exhibits, and the person's recognition by accepted arts organizations as an L 783838.1 4 artist. The artist should be a practitioner in the visual arts, generally recognized by his or her critics and peers as a professional possessing serious artistic intent and ability. 2) Are the budget items and total amount acceptable to meet the minimum art investment for the development? 3) Is the proposed artwork visible to the public 24 hours each day and accessible at least 40 hours per week? The committee will review the artwork plans and its placement in regard to the public visibility and enjoyment of the artwork. The content of the artwork is developer-selected; however, the Public Art Committee will be interested in the durability, safety,placement and visibility of the exterior art project. ❑ Public Art Committee Approval: The Public Art Committee will consider the proposed artwork at its next scheduled meeting following submission by a developer. The developer and artist are not required to attend this meeting. After its review, the Public Art Committee will forward a recommendation on the proposed artwork plans to the Town's Planning and Zoning Department. ❑ Final Approval: The recommendations of the Public Art Committee will be forwarded to the Planning and Zoning Department. The Zoning Administrator shall review the public Art Committee's recommendation and shall ensure that the proposed artwork will meet the public art requirements of the Zoning Ordinance before a Certificate of Occupancy is • issued. ❑ Si2ned Contract: Fax or mail a copy of the signed contract between the developer and the artist(s) to Fountain Hills Public Art Committee and the Town of Fountain Hills Planning and Zoning staff for the Town's records. ❑ Certificate of Occupancy: Once the Public Art Committee and the Town's Zoning Administrator have determined that the Zoning Ordinance public arts requerements have been met, the Town may release the Certificate of Occupancy for the development project. • 783838.1 5 RESOLUTION NO. 2008-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS, ARIZONA, PUBLIC ART MASTER PLAN. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved Resolution No. 2003-70 on November 20, 2003, adopting the Town of Fountain Hills Public Art Master Plan (the"Art Master Plan"); and WHEREAS, on July 1, 2005 the Town Manager implemented Town of Fountain Hills • Administrative Procedure L-1, Acceptance and Installation of Public Art (the "Administrative Art Policy"), which reflected a process consistent with previous Town Council actions, but at variance with the Art Master Plan; and WHEREAS, the Town Council approved Resolution No. 2007-63 on December 6, 2007, adopting the Public Art Fund Guidelines; and WHEREAS, at a Work Study session on August 12, 2008 it was determined that the current process for selecting public art was not in complete conformity with the adopted Art Master Plan and, therefore the Town Council requested that Town staff consider a revised process for selecting and approving public art that reconciled the Art Master Plan, the Public Art Fund Guidelines and the Administrative Art Policy; and WHEREAS, a working group comprised of Town staff and members of the Fountain Hills Cultural and Civic Association Public Art Committee, the Town's Parks and Recreation Commission and the Town's Community Center Advisory Commission collaborated to provide the Town Council with a recommendation for the public art acquisition/installation process, which recommendation was presented to the Town Council, including a document entitled "A Statement of the Policies and Procedures for Selecting Art to be Proposed for the Fountain Hills Public Art Collection" (the "Public Art Policy Statement"), at a Work Study meeting on October 14, 2008; and WHEREAS, the Town Council desires to reconcile and consolidate the Art Master Plan, the Public Art Fund Guidelines, the Administrative Art Policy and the Public Art Policy Statement into a new,consolidated public art master plan (the "Consolidated Art Master Plan"). BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That Resolution 2003-70 is hereby repealed. • SECTION 2. That Resolution 2007-63 is hereby repealed. SECTION 3. That the Consolidated Art Master Plan is hereby adopted in the form attached hereto as Exhibit A. 921461.2 SECTION 4. That the Mayor, the Town Manager, the Town Clerk and the Town \ Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, December 4,2008. FOR THE TOWN OF FOUNT N HILLS: ATTESTED TO: J Zi( Jay T chl , a Bevelyn J. Ben r, wn Clerk 44, RE ED BY: APPROVED AS TO FORM: ..,C)/eiez:t.r. OJAA Richard L.Davis, Interim Town Manager Andrew J. McGuire, own Attorney f 694143.2 2 EXHIBIT A TO RESOLUTION NO. 2008-39 [Consolidated Public Art Master Plan] 921461.2 4TAIN4 t that is MVP TOWN OF FOUNTAIN HILLS PUBLIC ART MASTER PLAN 917874.4 I. INTRODUCTION & BACKGROUND History of Public Art Public art has long played an important role in expressing the identity of a culture. In many cases, public art is the legacy by which we remember an ancient culture. Public art has been a part of the American landscape since Colonial times, but it wasn't until the middle of the 20th century that comprehensive public art programs emerged. After the establishment of the National Endowment for the Arts in 1965, the field of public art underwent significant change. As more and more cities adopted "percent for art" ordinances, public art has evolved from a process that placed large-scale versions of studio sculpture in unrelated spaces into the broader understanding that art may take various forms, including being routinely integrated into the surroundings it is placed in, often becoming part of building or structure itself. In cities like Seattle, Philadelphia, Los Angeles, Miami and others, artists working in the public realm became more involved in the design of public spaces by working closely with architects, landscape architects and engineers. The result was the use of art to shape a new public space, not just to enhance an existing one. In Seattle, Phoenix and Scottsdale, the art went one step further; it has become an integral part of civic infrastructure including, bridges, waste treatment plants, freeways, parks, sports complexes and other projects. Funding for contemporary public art has come in large part from three sources: (i) "percent for art" ordinances, (ii) funding through local, state and federal grant programs and (iii) corporate sponsorships and private donations from individuals and foundations. History of Art in Fountain Hills In October 1994, the Town of Fountain Hills (the "Town") and the Fountain Hills Civic Association (the "Civic Association") commissioned a community cultural assessment, sponsored by the Arizona Commission on the Arts (the "1994 Cultural Assessment"). Nearly 50 citizens participated in either the open forum or in the surveys collected. The community's strengths and challenges were discussed, and four key issues were identified: • The need for a cultural center facility with performance, gallery and meeting space. • A need for an arts council to provide leadership for cultural growth. • A need to involve the arts in community design and planning. • A need for youth services including after school and summer programs. Through the 1994 Cultural Assessment, a clear need for a public art committee was recognized. The Fountain Hills Arts Council (the "Arts Council") bylaws were formally adopted in March 1995. 917874.4 On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts Council, then a committee of the Civic Association, as the official representative of the Town in all matters dealing with the promotion of public arts within the Town of Fountain Hills. Shortly thereafter, the Arts Council established the Fountain Hills Public Art Committee (the "Public Art Committee") to administer its public art program. On November 20, 2003, the Town Council adopted Resolution No. 2003-70 confirming this appointment and adopting an official Master Plan for the acquisition of public art. i Through various corporate reorganizations, the Arts Council became the Fountain Hills Cultural Council and thereafter merged with the Civic Association to become the Fountain Hills Cultural and Civic Association, a 501(c)(3) non-profit corporation ("FHCCA"). The Public Art Committee continues as a committee of FHCCA, and since 2000, the Public Art Committee has adopted an aggressive policy of public art acquisition. On December 7, 2006, the Town Council adopted Ordinance 06-23, creating the Town's Commercial/Multi-Family Architectural Design Review Guidelines (the "Design Guidelines"). Section 19.05(I) of the Design Guidelines established the minimum standards for including a public art element in all commercial, industrial and multi-family residential projects (the "Public Art Requirement") providing for either(i) the installation of exterior public art valued at equal to or greater than 1% of the cost of building construction and associated site work and signage of a new or redeveloped commercial, industrial, or large multi-family residential construction project or(ii) a donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. The funds raised through this process will be referred to hereafter as the "Percent for Public Art" funds. Public Art Fund Development Guidelines were adopted by the Town Council in January, 2007 to set forth the process for implementing the Public Art Requirement. The Fountain Hills Public Art Fund is the fund held by the Town for the purchase or installation of public art (the "Fountain Hills Public Art Fund"). II. PUBLIC ART PROGRAM GENERAL STANDARDS By combining the tremendous volunteer efforts of citizens like those serving on the Public Art Committee with the Town's desire to enhance the quality of life for its residents, the Town endeavors to create a world-class public art program. The Town Council intends that all public art in the corporate limits of the Town shall be selected and approved according to the Public Art Requirement process or the Public Art Acquisition process, each as described below. A. Acquisition Standards Public art is defined as the work of a visual artist located in a publicly accessible space. Public art includes, but is not limited to, paintings, murals, statues, stained glass, fiber art, relief or other sculpture, fountains, arches and other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, landscape art, and crafts, both decorative and utilitarian. Public art may be temporary or permanent in nature. Public art projects may also include visual or landscape artists serving on design and development teams to identify opportunities and approaches for incorporating artwork or 917874.4 2 aesthetic concepts into Town building and visible public improvement projects. Regardless of the method of acquisition, certain fundamental criteria will be universally applied to any work of art under consideration including: • Artistic merit. • Physical condition of the artwork. • History and provenance of the artwork. • Compatibility with the Town's public art program and collection. • Availability of an appropriate location for siting on Town property. t • Requirements for installation, storage, and maintenance. • Liability considerations and issues of public safety. 1. Acceptable Art. Acceptable forms of art ("Acceptable Art") shall include but are not necessarily limited to, the following: • All forms of limited edition or one-of-a-kind original creations of visual art created by an artist. • Project features and enhancements which are unique and produced by a professional artist such as benches and fountains. tko • Murals or mosaics covering walls. • Professional artist sculptures which can be freestanding, wall-supported or suspended and made of durable materials suitable to the site and the • climate. • Other suitable artworks as presented in a catalogue and previously approved by the Public Art Committee. 2. Not Acceptable Art. The following, non-exclusive list describes those items not considered Acceptable Art: • Business logos or art that incorporates a logo for the primary purpose of advertising a business. • Directional elements such as supergraphics, signage or color coding except where these elements are integral parts of the original works of art. • Mass-produced art objects, such as fountains, statuary objects, or playground equipment. • Reproduction by mechanical or other means of original works of art. • Decorative ornamental or functional elements created by the project architect instead of an artist commissioned for this purpose. 917874.4 3 • Landscape architecture or gardening except for elements designed by the artist as an integral part of the work of art. • Electrical, water or mechanical service for activation of the works of art. • Art exhibitions and educational activities. • Security and publicity concerning works of art. • Standard landscape or hardscape elements that would normally be associated with the project. III. PUBLIC ART ACQUISITION This master plan is intended to govern the process for identification and acquisition of art by the FHCCA for recommendation to the Town Council for inclusion in the Town's public art collection. The guidelines outline the process for reviewing and evaluating works of art under consideration to determine the suitability of artwork, appropriate locations for possible installation, and evaluating future maintenance and safety requirements. These guidelines are intended to ensure that public art acquired by the Town (i) is of the highest quality, (ii) enhances the aesthetic character of the community's public spaces, (iii) advances the public understanding of art and (iv) does not place an undue burden on the Town for the artwork's maintenance, security or public safety. Public art is acquired through two primary methods: (i) by the active procurement of a specific work of art or the selection of an artist for a specific project, or (ii) as the result of a gift or loan whereby the Town becomes a beneficiary. Both methods present unique requirements and concerns. Consequently, the protocol for each must be somewhat different. For this reason, these guidelines have been organized in two sections: (i) policies and procedures for acquiring art through purchase or artist selection and (ii) policies and procedures for accepting gifts, bequests and loans of art.' A. Acquiring Art through Purchase or Artist Selection The FHCCA will follow principles adopted and utilized by a majority of public art programs in the nation, generally understood as the independent panel review process. This is a comprehensive review-and-approve procedure identifying, ranking and recommending public art purchases and selected artists. The process begins with the Public Art Committee, moves to the FHCCA Board of Directors, and is finalized by the Town Council. 1. The Public Art Committee will identify potential art projects or art purchase opportunities. Working with appropriate town departments and commissions, the Public Art Committee will bring forward to the FHCCA Board potential projects and/or purchase opportunities for consideration. Any recommendation to the FHCCA Board regarding the acquisition of a piece of art shall identify the potential source of funds for such acquisition. Such source of funds may include the funds deposited in the Fountain Hills Public Art Fund pursuant to Article I, Section (A)(2)of this master plan. If matching funds are used to acquire the artwork,the purchase guidelines are to be followed. 917874.4 4 2. The FHCCA Board will decide which projects or purchases will be recommended to the Town Council and will forward to the Town Council all of the information which it has received from the Public Art Committee. The Town Council will have the final decision, acting in its sole discretion, to determine (i) which projects or purchases will be undertaken and (ii) if the recommendation includes the use of funds from the Fountain Hills Public Art Fund, whether the use of such funds is appropriate. 3. If the Town Council approves moving forward with a project or purchase, the Public Art Committee will assume the role of an independent selection panel. There are a variety of commonly accepted methods used by public art programs for identifying and selecting artists or works of art. The Public Art Committee will choose the most appropriate method for a given project or purchase from among the following options: • Open Competition. This method offers opportunities in which any professional artist is eligible to enter. A Project Profile, an announcement with information about the project, will be circulated, requesting artist proposals for review by the selection panel. • • Invitational or Limited Competition. This two-staged competition calls for artists to submit qualifications (slides and documentation of past work) for the selection panel's consideration, instead of a proposal. The panel selects three to five artists to visit the site and develop detailed proposals or to participate in an interview process. The artists may be paid for their proposals and site visits based on a percentage of the project budget. The panel then reconvenes to select an artist and/or proposal. • Direct Selection and Nominations. In this method, the panel selects one artist on the basis of slides and/or documentation of past work. The pool of work reviewed can be solicited through a call-to-artists or by using an existing artist slide bank. The artist is selected based on one review and a contract is negotiated for the development of a proposal. • Direct Purchase. A method that results in the purchase of already completed artworks, based upon the panel's recommendations. Available artworks are assembled by the Public Art Committee for the panel's review using a call-to-artists or an existing slide bank. 4. Due to their size, complexity, or monetary value, some projects or purchases may require certain expertise outside the scope of the standing Public Art Committee. On such occasions, the Public Art Committee will enlist the services of individual arts and design professionals, engineers, and artists to assist in the selection process. 5. The Public Art Committee will maintain records of all its deliberations, and will provide a comprehensive report to the FHCCA Board for each project or purchase, including the panel's initial selection recommendation. 917874.4 5 6. The Public Art Committee will make its recommendation at regular meeting of the FHCCA Board of Directors. 7. The FHCCA Board will review and accept or reject the Public Art Committee's acquisition recommendation. 8. Should the FHCCA Board approve the recommendation of the Public Art Committee, the recommendation will be forwarded to the Town Council for consideration. 9. Upon Town Council approval of any public art project or purchase, the Public Art Committee will contact the selected artist or artist's agent. The Public Art Committee will prepare an invoice or contract between the FHCCA and the artist covering the entire scope of work to be performed, and specifying all fees to be paid, including, those for any travel expenses, shipping and/or installation charges. If the Fountain Hills Public Art Fund is to be used for all or a portion of the acquisition cost, the aforementioned invoice or contract shall be entered into between the Town and the artist, and the Town Attorney shall prepare the invoice or contract with input from the Public Art Committee as to the appropriate scope of work to be performed, fees to be paid, travel expenses to be reimbursed and shipping and/or installation charges to be paid. If both the Fountain Hills Public Art Fund and FHCCA funds are to be used for acquisition and/or installation, the FHCCA shall contribute its portion to the Town prior to the date the Town is required to pay the final invoice. 10. Working in cooperation with appropriate Town staff and/or commissions, the 4 Public Art Committee will assume responsibility for project management: overseeing the purchase, shipment and installation of selected art work, or the design, fabrication and installation of a commissioned project. 11. According to the payment schedule stipulated in the contract, the Public Art Committee will be responsible for paying all project fees in a timely fashion, except for those installation fees agreed to be covered by the Town through a separate agreement. 12. Upon completion of the purchase or project, the Public Art Committee will arrange a public dedication and formal transfer of ownership to the Town. B. Accepting Gifts,Bequests and Loans of Artwork This process begins with the Public Art Committee, moves to the FHCCA, and is finalized by the Town Council. Immediately upon receipt of an offer, the Public Art Committee will provide the prospective donor with a copy of these Guidelines. 1. Eligible offers of artworks from artists, owners, businesses, organizations, individuals or other entities shall be submitted by the donor to the Public Art Committee for proper processing. Eligible offers shall include the following elements: F 917874.4 6 • A Letter of Intention stating that the donor wishes to donate, loan and/or bequest an artwork to the Town. The donor may suggest locations for the artwork's placement on Town property. • A written description of the artwork, including a definition (i.e., painting, sculpture, fabric hanging, etc.); the date medium was created; the name and, if possible, a resume of the artist who created the artwork; its dimensions; physical condition, and any relevant background information about the artwork and the artist. • The name, address and phone number of the prospective donor. • Visual documentation of the artwork (i.e., color photographs, 35 nun slides, videotapes, etc., including electronic copies when possible). • Donor may be asked to provide additional documentation to verify originality and legal title to the work. 2. As soon as possible thereafter, the Public Art Committee will schedule a review of the offer, notifying the prospective donor in writing of the date and time for the review. The prospective donor will have an opportunity to make a brief informational presentation to the Public Art Committee. 3. Upon reviewing and examining the artwork and evaluating the proposed gift, loan and/or bequest according to the criteria detailed below, as soon as it is practicable, the Public Art Committee will make a recommendation to the FHCCA Board regarding acceptance or non-acceptance of the artwork. 4. The FHCCA will consider the recommendations of the Public Art Committee during a meeting of its Board of Directors. 5. The FHCCA will forward its recommendation of acceptance to the Town Council, at which time,public comment can be heard. 6. The Town Council shall accept or decline the artwork for the Town. After receipt of the Town Council's decision, the Public Art Committee will formally notify the prospective donor of the Town Council's decision in writing. 7. Prospective donors should understand that artwork will not be accepted by the Town with attached conditions or restrictions, except in extraordinary circumstances, which will be noted and approved by the Public Art Committee in advance of the acceptance. Neither the Public Art Committee nor the Town is obligated to accept bequeathed items that in its opinion would be inappropriate in the Town's public art collection. No object will be accepted for the Town's art collection if ownership is in question. Art objects will be accessioned only when they have been collected, exported and imported in full compliance with the laws and regulations of the country or countries of origin, and with the laws and regulations of the Town, Maricopa County, the State of Arizona and the United States. Under no circumstances will individuals of the Arts Council, Public Art Committee or Town staff give appraisals of art objects. 917874.4 7 C. Catalogue of Acceptable Art The Public Art Committee shall maintain a catalogue of Acceptable Artworks for which potential funds or donors might be solicited. An attempt is made to ensure that the collection of potential acquisitions is varied in interest and type, working toward the goal of establishing an eclectic collection of public art. Promptly after the acceptance of these guidelines by the Town Council, the Public Art Committee shall deliver copies of its current catalogue of Acceptable Artworks to the FHCCA Board and the Town Council for review and approval of the catalogue by these two bodies. Either body shall have the right to reject any item contained in the catalogue as an unacceptable public art acquisition. Any item in the catalogue that has been reviewed by the FHCCA Board and the Town Council shall not require any further approval as to the appropriateness of its selection. Each year members of the Public Art Committee will visit a number of art shows around the country and take photographs of potential works. These works are informally screened under the supervision of the Chair of the Public Art Committee and those selected are submitted to the entire membership of the Public Art Committee. At least a 2/3 approval vote is necessary before a work is placed in the catalogue of possible acquisitions. In addition, the entire Board of the FHCCA and the Town Council shall be given the opportunity to comment on and approve or reject all additions to this catalogue. The fact that a piece has been included in the catalogue does not mean that it will eventually be acquired. It simply means that donors or fund sources will be sought. D. Site Selection Requirements. 1. Determination of Site Locations. When evaluating potential art sites or opportunities to involve artists on a design team for larger projects, it should be asked whether art at a particular location has the ability to: (i) reveal a unique or special quality about Fountain Hills, (ii) enhance the daily routine of the commuter, pedestrian, worker or resident, (iii) contribute to awareness of Fountain Hills' history and cultural identity, (iv) add aesthetic quality and interest to Fountain Hills' infrastructure, (v) serve as a landmark or place-maker, (vi) engage the public in an entertaining, educational, or contemplative way or (vii) make a statement about the identity, character or values of a particular area or community within Fountain Hills. Site location for the placement of works to be acquired is also an involved process. This requires close cooperation between members of the Public Art Committee, other affected Town boards, committees and commissions and Town staff. The FHCCA and the Public Art Committee have identified the following priority sites: • Fountain Hills Civic Center. Numerous art pieces have been placed in and around the Community Center, the Library, the Town Hall and the community plaza located in front of the community center and the library/museum complex. The current collection incorporates a rich variety of public art that enhances community identity and promotes the 917674.4 8 appreciation of art in Fountain Hills and the surrounding area. While the current selection of artworks at the Civic Center is extensive, the Public Art Committee will continue to evaluate appropriate new pieces for the campus. Art will continue to be integrated into the public structures and overall design, which shall include shade, water features and lighting. • Avenue of the Fountains/Downtown Development. • Fountain Park. • Main Thoroughfares. The FHCCA will consider several factors when determining an acceptable location for the art. The location must be compatible with the piece to be acquired. This is why Last Doll and Adolescence were placed by the Splash Park. They appeal to children and the Splash Park and the neighboring playground are gathering places for our youngsters. In some cases, the proper site is obvious. For example, one of the works high up on the list of potential acquisitions is called Quackers. It is of a small boy feeding a pair of ducks. It should only go near Fountain Lake where the ducks congregate. Fortunately there is an ideal location that meets all of the requirements. In another instance, a pending acquisition is a sculpture of an eagle sitting on her nest feeding her chicks. This piece, called Freedom by Fountain Hills artist Jim Dodson, is recommended for location on the small island in Fountain Park near the performance pad. It will give the illusion of looking at an eagle in the wild. 2. Commission Review. After the FHCCA determines that a site in the Community Center or Town Park may be appropriate, the FHCCA shall notify the Town staff member responsible for staffing the Community Center Advisory Commission or the Parks and Recreation Commission, as appropriate. The Town staff shall prepare the item for Commission consideration at its next meeting. Commission concurrence with the FHCCA recommendation shall be required prior to recommending the site to the Town Council. 3. Interference With Other Facilities. The piece must not interfere with other uses or with utility lines. The FHCCA has rejected many likely locations because they are over underground wiring or pipes. Others have been rejected because they would interfere with building maintenance or window washing activities or with the normal flow of pedestrian traffic. Within Fountain Park, locations have been rejected because they would interfere with the Frisbee golf course located in the park. 4. ADA Compliance. The location of the work must conform to the Americans with Disabilities Act ("ADA") including any applicable provisions relating to visual access and physical access to the installed work of art. 5. Site Maps. Three site maps for the location of public art have been established. These include a map of the Community Center Courtyard area (including the area around Town Hall) and a map of Fountain Park which have been established by agreement between Town staff and the Public Art Committee setting forth acceptable sites. A third map showing acceptable sites for art work within the Community Center building has been established by the Community Center Advisory Commission and Town staff. These three maps are not the final word; the 9I7874.4 9 Town is willing to be flexible if a given work clearly should be placed in a different location. But in all cases, the final site for a work must by approved by the Town Council and must meet the required standards and, if the piece is to be located within the Community Center building, the Community Center Advisory Commission must approve the location; any relocation of an art work must be approved by the Town Council. As other areas for potential placement are determined, such as the median in the Avenue of the Fountains, the Dog Park or elsewhere, site maps for those locations will also be established. 6. Relocation of Art Work. The initial placement of a work is not necessarily permanent. Several pieces have been relocated to other sites which Iater have seemed more appropriate. Examples include The Great Arrow, Precious Cargo, Flower Dancing in the Wind and Embrace. The Public Art Committee intends that, as the remainder of the Town-owned property near the Community Center is developed, a better location for Ring of Peace can be found. It seems to get lost in the trees in its present location. Unfortunately, when it was acquired other likely locations didn't meet the required placement standards. Relocation of any work is subject to approval by the Town Council, which shall determine, in its sole discretion, whether the cost of relocation may be paid for with Town funds. T.V. PUBLIC ART REQUIREMENT FOR DEVELOPMENT A. Basic Requirements 1. Developers of any new professional office, lodging projects, retail, service, commercial, wholesale, transportation, industrial developments, re-developments or expansion projects and multi-family projects with five or more dwelling units within the Town of Fountain Hills are required to provide public artwork. The public art must have an invoiced cost or appraised value equal to 1% of the cost of building construction, including associated site work and signage; water features (using recycled water) are preferred. 2. As an alternative to providing public art, developers may make a donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. 3. The public art requirement must be met prior to the issuance of a Certificate of Occupancy. Applicants choosing to purchase a piece of art are encouraged to submit an Initial Art Plan and meet with the Public Art Committee to demonstrate that the proposed development or project will comply with the ordinance. The art contribution should be approved by the Public Art Committee as being in compliance with the ordinance. Approved artwork must be installed in accordance with approved construction and landscape plans. 4. Artwork selected by the developer must be integrated with the project, be located on an exterior of the structure or the building site, be visible to the public at all times and be accessible for at least 40 hours per week. 5. The location of the artwork should be in an outdoor location to allow unrestricted visibility by the public 24 hours per day. Approved sites are Town owned property, including 917874.4 10 rights-of-way, parks, Community Center/Town Hall complex or the developer's own property. Art on private property will be supported entirely by private development; the Public Art Committee will be available and facilitate the private developers' identification of art opportunities and selection of artists. 6. A plaque will be placed that will identify the art and the artist. B. Eligible Costs for Calculating 1% Contribution The following costs may be included in the calculation of the developer's required art investment. • Professional artist's budget, including artist fees, materials, assistants' labor costs, insurance, permits, taxes, business and legal expenses, operating costs and art dealer's fees if such fees are necessary and reasonable. • Fabrication and installation of the artwork, including base and/or foundation if necessary. • Site preparation for artwork. • Structures enabling the artist to display the artwork. • Documentation of the artwork. • Acknowledgment plaque identifying the artist, artwork and development. C. Responsibility After Installation 1. Art located on the developer's property will remain the developer's property, subject to a covenant on the part of the developer that the piece will remain in public view. It will be the developer's and subsequent property owner's responsibility to insure and maintain the piece of art. The insured value must equal the appraised value. 2. Art located on Town-owned property shall be dedicated to the Town. The art's final location will be reviewed by the Town's Facilities Division to ensure compliance with the ADA, if applicable, and to minimize conflicts with public utilities in Town rights-of-way. The Town will insure and maintain all pieces on Town-owned property. D. Approval Process The following checklist has been prepared by the Public Art Committee to help a developer create a successful public art project. A developer should contact the Public Art Committee with any questions about the approval process. 1. Initial Art Project Plan. If the applicant chooses the option of acquiring a piece of art, he/she shall prepare an Initial Art Plan. The applicant shall send (via U.S. mail or electronic mail) the Initial Art Plan and one-page narrative to the Public Art Committee with the following information: 917874.4 11 • Initial ideas for the art project. • The required art investment. • The artists being considered and the type of professional artist needed for this project. • Name of professional artist, if selected. • Developer goals for the project. • Concepts and budget for the proposed artwork. • Location and visibility of proposed artwork. • The Public Art Committee will notify the Planning & Zoning Department that an Initial Art Plan has been received. 2. Public Art Committee Submittal. When the developer is ready for the proposed art project to be reviewed, he/she shall: (i) contact the Public Art Committee to verify a meeting date and (ii) deliver five copies of the following information and submit it to the Public Art Committee one week prior to the scheduled meeting. • Narrative description of proposed artwork. • Budget detailing applicable costs: artist's fees and expenses, costs for fabrication, installation, site preparation, structures to display artwork, plaque, and administrative costs. • Agreement between the developer and artist(s). • Scale site plan and landscape plan. • Scale drawing or model. • Perspective view showing the proposed artwork in the development context. 3. Public Art Committee Review. The developer (or authorized designee) shall present the Initial Art Plan at the Public Art Committee meeting to discuss the proposed Initial Art Plan. The Public Art Committee will review the art project plan considering comments, needs, values and these guidelines. Prior to making a recommendation, the Public Art Committee will consider the following: • Is the selected artwork produced by a professional artist? The Public Art Committee will review such items as the person's educational background in the arts, arts accomplishments within the past five years such as gallery or museum exhibits, and the person's recognition by accepted arts organizations as an artist. The artist should be a practitioner in the visual arts, generally recognized by his or her critics and peers as a professional possessing serious artistic intent and ability. 917874.4 12 • Are the budget items and total amount acceptable to meet the minimum art investment for the development? • Is the proposed artwork visible to the public 24 hours each day and accessible at least 40 hours per week? The Public Art Committee will review the artwork plans and its placement in regard to the public visibility and enjoyment of the artwork. The content of the artwork is developer-selected; however, the Public Art Committee will be interested in the durability, safety, placement and visibility of the exterior art project. 4. Public Art Committee Approval. The Public Art Committee will consider the proposed artwork at its next scheduled meeting following submission by a developer. The developer and artist are not required to attend this meeting. After its review, the Public Art Committee will forward a recommendation on the proposed artwork plans to the Town's Planning and Zoning Department. 5. Final Approval. The recommendations of the Public Art Committee will be forwarded to the Planning and Zoning Department. The Zoning Administrator shall review the Public Art Committee's recommendation and shall ensure that the proposed artwork will meet the public art requirements of the Zoning Ordinance before a Certificate of Occupancy is issued. V. ACQUISITION AND INSTALLATION COSTS A. Acquisition Costs The Public Art Committee strives to raise funds to pay for as many Acceptable Art pieces as possible. Fund raising may be a community wide effort, such as the drive led by our local real estate community resulting in the purchase of Circle of Peace, or simply an attempt to identify individual donors or groups of donors who will purchase such works. This type of acquisition represents the majority of the works approved by the Public Art Committee. If and when a potential source of funds is located, and sometimes before that, the artist is contacted to see if an acceptable price can be established. The Public Art Committee should seek discounts because experience has shown that a discount from gallery prices from 30% to 40% can usually be negotiated. B. Installation Costs Most items have little or no installation cost other than Town staff time. Some, such as the sites for Joy of Music and Self Made Man, have required significant installation expenses. Where outside costs are necessary installation costs shall be allocated as follows: 1. If a piece of Acceptable Art is to be purchased as a result of a community wide fund raising effort, such as the drive to purchase Circle of Peace, then that fund raising effort shall include the cost of installation. 917874.4 13 2. If a piece of art is to be purchased with money from the Fountain Hills Public Art Fund, then that fund should also be the source of installation costs. 3. If a piece of art is to be donated by one or more individuals, then the cost of installation should come from funds allocated by Town Council, which could be the Fountain Hills Public Art Fund or any other source of funds, as determined by the Town Council in its sole discretion. 917874.4 14 Town of Fountain Hills Zoning Ordinance Chapter 19 ARCHITECTURAL REVIEW GUIDELINES Sections: 19.01 PURPOSE AND INTENT 19.02 APPLICABILITY 19.03 SITE PLANNING 19.04 ARCHITECTURE 19.05 LANDSCAPING & SIGNAGE 19.06 MATERIAL & COLORS 19.07 ADMINISTRATION • • Page 1 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 Section 19.01 Purposes and Intent The Town of Fountain Hills has a desire to continually upgrade commercial, industrial and multi-family projects and has identified a number of characteristics to achieve the objective. The guidelines in this document are to advise developers, property owners and users on the criteria that will be used in reviewing commercial development plan applications. The guidelines set forth herein are purposefully general in nature and avoid dictating specific design treatment although the preference is to encourage projects that support styles associated with the southwest environment. The belief is that creativity and design expertise lies more appropriately with the private sector and that the proper role of the Town is to ensure uniform and fair application of these design guidelines. These guidelines are applicable for commercial, industrial and multi-family projects. Because of the extreme variance in the size and nature of such projects, it is not possible to develop a list that can be used for every site. Therefore, not all of these guidelines will apply to every application. Some guidelines describe situations that will only occur in large projects and will clearly not be applicable to small projects on small parcels. Other guidelines will only be used for specific types of commercial uses or at specific locations. However, most of these guidelines can still be achieved, regardless of project size, type or location. Section 19.02 Applicability A. All proposed retail, service, commercial, wholesale, transportation, industrial or multi-family developments, re-developments or expansions, that are subject to site plan review, pursuant to the provisions of Chapter 2 shall be subject to Design Review and approval by the same person or entity responsible for approving the Site Plan prior to the issuance of any Special Use Permit or Building Permit in connection with such development, re-development or expansion. Likewise, prior to the issuance of a Certificate of Occupancy, all conditions of said Design Review and approval must be met. B. The Design Review requirements established by this Chapter shall not apply to any development that, prior to the effective date of this chapter, has been authorized by the Town by the issuance of an approved building permit. However, any extension or amendment to said permit prior to the completion of construction shall require Design 40 Review approval as above. Page 2 of 11 December 3, 2016 i Town of Fountain Hills Chapter 19 C. Where an existing building or site that is being added to or externally remodeled does not currently meet these design guidelines, the project shall conform to these guidelines to the extent practical given the nature and extent of the alteration. Section 19.03 Site Planning A. Integrate with surrounding area: To the extent possible and where land use and street patterns allow, integrate project with adjacent areas to provide easy pedestrian and vehicular access. New developments will be reviewed with respect to their response to the physical characteristics of the site and the contextual influences of the surrounding area. Drive-through uses shall be located to minimize conflicts with pedestrian routes and overall vehicular circulation and adequate stacking for the intended use shall be provided (minimum of 11 vehicles). Where practical, provide pedestrian and vehicular connections to/from existing commercial uses. Applicants shall submit a photographic or computer-generated, full-color illustration showing the proposed development (in at least four different views) as it would appear if constructed as proposed. The proposed development and landscaping, as well as the immediately surrounding buildings and • landscaping, must be shown. B. Create a pedestrian-oriented environment: Create a pedestrian- oriented environment within projects with usable outdoor areas. Provide safe walkways separated from vehicles and protected from weather through the use of covered walkways, arcades or other methods that may serve the same purpose. Minimize the use of driveways and parking aisles for walk routes. Where pedestrian paths cross vehicular routes, provide a change in paving materials, textures or colors to emphasize the conflict points. Create continuous pedestrian activity in an uninterrupted sequence by minimizing gaps between buildings. Entries that face onto outdoor dining opportunities and storefront windows that attract pedestrian activity are encouraged. C. Provide reasonable parking and vehicular circulation: Provide parking that creates reasonable walking distances to buildings, but not directly abut buildings. Preference will be given to layouts where parking areas are divided from one another by landscaping. Where possible, vary the direction of parking aisles or angle them to the street. To reduce impeding overall traffic flow, parking spaces shall not directly access major entry drives, unless no other drive serves the property. On large lots, traffic calming devices are encouraged to Page 3 of 11 December 3, 2016 I Town of Fountain Hills Chapter 19 enhance safety. Parking lots and future parking structures shall be located to the rear of buildings whenever reasonable. Adjacent parking lots shall be designed so that vehicles can travel from one private lot to the other (reciprocal access) without having to enter the street. D. Avoid monotony: Projects with more than one building or with a single building over 20,000 SF in size shall create different angles of buildings to the street to avoid monotony in site design unless other architectural treatments can achieve the desired result. Avoid leveling large areas, as natural contouring is preferred. E. Separate uses: Physical separation of loading/delivery/service uses from other uses is suggested. Loading and storage facilities shall be located at the rear or side of buildings and screened from public view. Design solutions should minimize visual impacts of uses and provide an attractive appearance. Loading areas should not detract from the aesthetic quality of the surroundings, even in parking areas or at the rear of buildings. F. Create attractive appearance: Create attractive appearance by emphasizing the views of landscaping and buildings and by minimizing the view of parking areas and vehicles. Locate delivery areas and support services (trash receptacles and ground-mounted equipment) in screened and less visible places. Provide long-term storage of shopping carts either within the tenant space or adjacent to it, behind decorative screening walls exceeding the height of the carts. Provide parking lot shopping cart corrals using durable, decorative materials that compliment the building design; avoid using striped parking spaces for corrals. Open space areas shall be clustered into larger, more meaningful areas rather than equally distributing them into smaller individual areas of lesser significance. G. Identify outdoor sales areas: Permanent outdoor sales along sidewalks, in parking areas and landscaped zones are discouraged. However, when the activity such as walk-up ATM's, propane sales, vending machines, outdoor dining and seasonal sales are essential to the business, the locations shall be identified as part of the site plan. Page 4 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 Section 19.04 Architecture A. Create visual interest: Create visual interest through distinctive structures, articulation of wall planes, variation of roof forms and other similar methods such as angling buildings. Building elevations and materials should have design characteristics that are contextually appropriate (massing, rhythm, scale, height, roof form, etc.). Building mass should be broken into smaller elements to reduce the apparent bulk of large structures, consistent with the proportions of the architectural style and surrounding uses. Where contrasting design elements are proposed, the applicant must demonstrate how the design is equal or superior to surrounding uses. All sides of buildings that are visible to adjoining uses shall be treated. B. Provide different elements: All buildings should contain color change that is recognizable, but not strongly contrasting, with texture and material changes at appropriate intervals, either horizontally or vertically. Predominant facade colors should possess low reflectivity characteristics. The use of bright color schemes must be justified and may not be appropriate in many contexts. It is desirable that the spacing of elements in facades be varied rather than repetitive, with a • high priority placed on the three (3) dimensional interplay of light and shadow. A minimum of three colors and/or textures must be incorporated in designs. C. Enhance energy conservation: Where feasible, use architectural features to enhance energy conservation. Orient and design new structures and additions for minimum solar gain, reflectivity and glare. Shelter entries, walkways and windows and use architectural shading devices and landscaping to minimize cooling losses. Mitigate urban heat island effects. Provide ample shade for pedestrians and employee areas. Misting systems and canopies may be considered when consistent with the design character of the building. Awnings shall respond to the scale, proportion and rhythm of windows and doors. D. Provide open design: Building designs should support pedestrian activity and provide natural surveillance of spaces from key locations inside and next to buildings with the appropriate placement of windows, entrances and lighting. Employee service doors shall be equipped with a security device or vision panel to allow viewing of the area surrounding the service door. Permanent, fixed security grates or grilles in front of windows are discouraged. If security grilles are Page 5 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 ,o, deemed necessary, they shall be placed inside the building, behind the window display area. E. Provide accessibility: Buildings should be accessible for every person, consistent with the Americans with Disability Act and its implementing standards and guidelines. Additional consideration should be given to including extra sidewalk widths, physical cues and limited audio distractions for the visually impaired. Minimize surface texture and elevation changes for persons using wheelchairs. F. Conceal utilities, equipment and services: All roof-mounted mechanical equipment shall be concealed on all sides by elements that are an integral part of the building design. Ground-mounted equipment shall be screened using masonry walls or other similar materials. Equipment that cannot be concealed due to unique functional requirements shall be made visually subordinate with architectural features that blend with the design of the main building. Electrical service panels shall be recessed into the building elevation and screened with landscaping, walls or doors. Vacuum tubes shall be internalized or placed underground. Roof drain elements shall be concealed within the building or an architectural feature. • G. Avoid standardized corporate design themes: Any literal transplant of architectural styles not indigenous or compatible to the southwest environment is strongly discouraged. To the extent possible, corporate branding should be incorporated into designs compatible with the surrounding area. H. Provide compatible infill structures: New infill and/or renovations to existing structures must be compatible with existing surrounding buildings in terms of mass, scale, height, facade rhythm, placement of doors and windows, color, roof shapes and use of materials without duplicating outdated architectural styles. When a new or infill building is proposed that is much wider than the characteristic facades of adjacent buildings, the facade shall be broken down into series of appropriately proportioned "structural bays" or components. Typical solutions are segmented bay series of columns or masonry piers that frame windows, doors and bulkhead components. Long blank or unarticulated wall facades that face the street are strongly discouraged. Page 6 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 Section 19.05 Landscaping & Signage A. Provide landscaping features: Along streets, provide substantial landscaping features with special planting and hardscape treatment to enhance the appearance from the street. Emphasize entry drives with landscaped medians, sculptures or other similar treatments that maintains site visibility for vehicular traffic. Provide special accent planting around freestanding signs. Abide by the landscaping requirements in the Town's Zoning and Subdivision Ordinances, wherein the minimum quantity and types of plantings are outlined. B. Encourage pedestrian use: Provide outdoor seating areas with summer shade, trash receptacles and other features to encourage pedestrian use. Orient outdoor seating areas for winter sun and include seasonal plantings. Incorporate a mix of structures such as colonnades, canopies or trellis structures in combination with desert varieties of canopy shade trees. C. Provide for water conservation: Select plant materials that are suited for our desert environment; xeriscape should be considered for planting areas. Drought-tolerant trees, shrubs and groundcovers shall be used as required in this Ordinance. Use a combination of plants for yearlong color and interest. Retain natural vegetation and incorporate it into the project whenever practical. Any proposed water features should be located in pedestrian areas. D. Integrate visual relief: In large parking areas, provide canopy trees for shade and visual relief. Provide significant plantings adjacent to buildings to accent building features. Use landscape treatments to enhance the screening of outdoor storage and mechanical equipment areas. Screen the paved areas of vehicle-intense uses, such as service stations and convenience stores, from streets and major public use areas with a three (3) foot high wall (with accompanying vegetation) or a dense vegetative buffer. E. Provide textured walls: All masonry walls intended for screening functions shall have an architectural texture, color and finish compatible with the primary building. F. Provide storm water detention: Design retention areas to meet technical requirements, as approved by the Town Engineer, while still providing attractive landscaped areas with a natural appearance. 410 Page 7 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 Low G. Integrate signage: Locate freestanding signs on low planter walls or design monument signs to incorporate distinctive elements of the architectural style or theme of the development. Façade sign materials shall be compatible with the design of the face of the facade where they are placed. Signs shall not interfere with an already established pattern of sign locations in relation to where other adjacent buildings have placed their signs. Directional signs shall be harmonious with the area. Provide building signage that is proportional to the scale of the tenant façade and consistent with the overall architecture. Sign colors should compliment the colors used on the structures and the project as a whole; contrast is an important influence on the legibility of signs. Provide signage plans showing the proposed locations and materials of all signs. Master signage plans are encouraged for multi-tenant developments. All signage shall comply with the provisions of Chapter 6 of this Zoning Ordinance. H. Provide appropriate lighting: Lighting should enhance the architecture of a project, comply with Chapter 8 of this Ordinance, be functional and not be offensive to its viewers or to adjacent properties. Lighting practices, including indirect lighting to minimize light pollution, glare and light trespass are strongly encouraged. Provide a tar complete site lighting plan including security lighting; include information on all specific light fixtures as well as locations and illumination levels in accordance with the provisions of this Zoning Ordinance. Public Art Requirement: 1. All development proposals subject to Design Review under this Chapter shall be required to provide one of the following prior to the issuance of a Certificate of Occupancy: a. Exterior public art of an appraised or invoiced value equal to or greater than 1% of the cost of building construction and associated site work and signage. Water features using recycled water are preferred; or b. A donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. 2. The value of construction costs will be determined by the Town using standard valuation procedures at the time of application. S Page 8 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 3. Applicants are encouraged to meet with the Fountain Hills Cultural Council for recommendations when considering exterior public art selections. Section 19.06 Materials and Colors A. Use high-quality, durable materials: Predominate exterior building materials should include, but are not limited to: stucco, brick, stone, textured masonry, styled concrete masonry units, textured tilt-up panels, architectural metal, clear and tinted glass, clay tile roofs and other building and roof materials of similar quality and durability. B. Provide palette of proposed materials and colors: With the development application provide a palette of proposed materials and colors. Select materials that are durable and appropriate for their intended use. Choose colors that relate well to one another and the surroundings. Restraint should be used in the number of different building materials selected. C. Use natural materials: Use natural materials appropriate to the southwest desert setting. Wood should not be used as an exterior cm° finish, except as a trim component. The use of authentic adobe bricks or stucco in projects with a southwestern theme is encouraged. D. Avoid highly reflective materials: Avoid highly reflective materials and glare-inducing colors. As a general principle, coarse and highly textured materials that create shadow patterns are preferred. To reduce glare, windows and large areas of glass should be recessed in deep shadow. In order to reduce mirror effects, glass must be non- reflective and not heavily tinted. E. Discouraged exterior finishes: 1. Colored plastics and fiberglass. 2. Exposed unfinished foundation walls. 3. Un-plastered exposed standard concrete masonry units. 4. Glass curtain walls; highly reflective glass. 5. Shiny acrylic and fluorescent paint finishes. Page 9 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 ilia. 6. Dark colors, except where appropriately utilized on trim. 7. Wood, except as a trim material. 8. Pre-fabricated steel panels. 9. Corrugated metal. 10. Asphalt shingles. F. Encouraged surface materials: 1. Interlocking pavers. 2. Stamped and/or colored and textured concrete. 3. Matte finishes. Any proposal that indicates specialty surface materials other than concrete or asphalt to be located within a public right-of-way or located on public property must contain an agreement, executed by the property owner, that such areas will be (a) privately maintained, (b) insured, including indemnity to the Town, in an amount and a form acceptable to the Town Attorney and (c) replaced when necessary. G. Select environmentally sensitive colors: The primary colors should be sensitive to the colors found in the area's natural environment. The appropriateness of any given color shall depend on a number of factors including adjacent buildings. Bright or intense colors are discouraged, unless used on appropriate architectural styles and reserved for more refined detailing and transient features; colors must be harmonious with colors found on adjacent buildings. Appropriate varying colors can be used to articulate and reduce the apparent scale of building masses. Projects shall not be painted with a single color when such project contains (1) more than one building, (2) any multi-story building(s) and (3) any single building in excess of 20,000 SF in size. • Page 10 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 Section 19.07 Administration A. When design review of a Site Plan is required to be completed by the Planning & Zoning Commission and the Town Council, each shall hold its design review hearings during the Site Plan review process conducted pursuant to Section 2.04 of this Zoning Ordinance. All design review hearings and decisions shall be completed in conjunction with the Site Plan review, unless specifically requested otherwise by an applicant. B. Interpretation & Enforcement: The Zoning Administrator is charged with the responsibility of interpretation and enforcement of this Chapter. Interpretation of this Chapter includes, but is not limited to, clarification of intention and the delegation of processing procedures and requirements. C. Appeals: Any applicant may appeal a decision of the Planning & Zoning Commission to approve, conditionally approve or deny an application for Design Review under this Chapter to the Town Council. Said appeal shall be filed within 30 days of the date the decision was rendered by the Planning and Zoning Commission. S Page 11 of 11 December 3, 2016 ,- p , TOWN OF FOUNTAIN HILLS Development Services Department e %it Is Aa`i' INTER OFFICE MEMO TO: Bob Rodgers, Development Services DATE: September 28, 2017 Director FR: Marissa Moore, AICP,Lrein RE: Parking Standards Senior Planner At the June 1, 2017 Town Council meeting, staff brought forward amendments to the Town Code relating to parking. At that meeting, staff informed the Council that amendments to the Zoning Ordinance would be brought before them at a later date. As staff is updating Chapter 7 Parking and Loading Requirements, the Planning and Zoning Commission requested a discussion on parking be brought before the September 28, 2017 joint session. Staff has identified several items for possible consideration in this update, as follows: 1. Expanding the Shared Parking Model a. In Chapter 18 Town Center Commercial District, a shared parking model is provided. However, this model truly only applies to parking requirements within the Town Center Commercial District and is not applicable town-wide. Additionally, this model is rather limited as to what uses are included in reductions in parking requirements. b. Large-scale projects with mixed uses in town have taken advantage of reductions in parking requirements. Using existing research and documentation (for example Urban Land Institute's "Shared Parking") would help staff to calculate these reductions/requirements. Having this information codified in the Zoning Ordinance will assist developers in their understanding of our requirements. 2. Reducing or eliminating parking requirements a. There is a national trend to reduce or eliminate the minimum parking requirements for new development in commercial and mixed use urban areas. Some places eliminate parking requirements in downtown areas where land is scarce and/or has high rents, costing developers more to meet the minimum requirements by reducing the amount of land developed for the business structure. Excessive requirements promote vehicular traffic which worsens air pollution, degrades urban design by reducing land for business development (as mentioned above), and precludes walkability. Essentially, minimum parking requirements are planning for cars and not people, whether the spaces are used or not. However, having minimum requirements does ensure there is available parking within proximity of the business. b. Commercial areas of town that also provide off site street or public parking could be analyzed to account for those spots when calculating parking attributed to development. Those spots could also be used for shared parking. In some • communities, these street/public parking spaces are accounted for in the site plan process, utilizing a parking fee-in-lieu of providing the spaces on-site. 3. Off site parking a. Recent development projects have provided off site parking, but within a certain distance (usually within an appropriate walking distance) on other private property. Utilizing this type of parking would require a lease agreement between the owners to be provided to the Town prior to site plan approval. b. This type of parking can be a cost-efficient way to implement shared parking between different business locations (which differs from shared parking accounted for on a development site). 4. Other Parking considerations a. Requirements by Use - Staff believes some requirements for different uses can be updated in consideration of recent research and national trends. Some requirements are excessive, while some uses can be combined making it easier for developers to understand the requirements. For example, "Private golf clubs, swimming, and tennis clubs" require 1 space per every 5 member families of individuals. The ability to enforce this is not feasible and is not intuitive as to how that number became the requirement. b. Parking Meters — While meters may bring in a revenue stream, they can also increase the cost of policing for parking violations. However, they may prevent employees and business owners from utilizing spaces that would typically used by customers. c. Rideshares and Taxis — These types of services are becoming more prevalent ® and can also serve as justification to reducing parking requirements. These could be accommodated by providing designated spaces as taxi stands. d. RV Parking in Residentially-Zoned Areas — From time to time, complaints arise about locating RVs, boats, trailers, etc. in residential districts, if located on a hard surface pad and behind a 6-foot tall wall or fence. Complaints are typically about aesthetics. However, because Fountain Hills has a considerable number of residents who reside in other states during summers and in Fountain Hills in the winters, amending or prohibiting RVs could affect a number of community members. — r- , -,-,- ,vtsc , ,, ____--- e , rsS-1-3., 8 l'r z 0, : 0).jA f, r ue, 0 D El Stivte. 547 ,..5 ?), r fi.,,.. 0 c•6 .(,,r/(- 1: /.,// /,' / ... , . , • 0, • , , , •,„ „ , - / ,, 1/ 1.401.2:47 01 r, tool) -- 4 ; os_,,,,,i1/41._—_--, 4.—— CA79 cndynovs...........20.- ro , --, ,-- — --- iii ''- El , caC,,-''' 0_ f ---- 1---- . , , e.., ... t,3:70 • I _ _ — _- _ r---- , _ NE 1 0 . . - 0. ._, 1 : , .1- __ z z , -7°) A, I [.....Z.:11' al l'':...e":1 _i --- --- L 0 < w ta. > ' ._, ci3 e . (.7 C (A 5 lia 11BAN 30213A - 5 (-------/ I Lu , ........ ro(13 < Lu, >,. ! CD 1.44 cf.I. t„- iii „ E i FIE 7-lai. ro 210 VNVIN014 V-I c 1 i__1 riThlt..,,J a ,„Jr," 16-)LIrl' . r---1,4-,4-1,,-L....5bl,0 1 . ---'''- - - - - -I -'ql. 1L 0 //' IV---\,_, t3 - - - 1 I --1-- -) , c ,-,10 c____, / 3 _ ;•- qr,,,_•--Inr-14,,r7V,,c7 '7 / I'V / ___kki , -11.ILA / AW ,,,,%; .,..__ Lnl',E „.., ,,,„, ______-------- ,k-i.Y. miltiro-rifirri.rdnlati f,.. , °,°- 1-11 11 i aa musam ) 1 1 , F5 L,FaT_, KTLDC,--- - , i (- li /---Z.'F'i''/••:)- // _ Review of the P&Z Commission's activities over the past year: Chairman Archambault will provide the Town Council with a brief review of the year's P&Z cases and other activities. The Chairman will also answer any questions about the cases that the Council may ask. Public Art Discussion: This is a round-table discussion of the Public Art Ordinance and the policies and procedures that are in place regarding the ordinance. This is not a discussion about any specific properties or individuals. The discussion should focus on the aspects that the Council or Commission feel may need to be considered for amendments, if any. Parking Ordinance Discussion: Staff is beginning to work on the Parking Chapter of the Zoning Ordinance. Marissa will outline the changes that are needed due to the previous revisions that were made to the Town Code. She will also bring up a few other parking related issues for discussion and possible inclusion in the ordinance revisions. Again, the discussion should focus on the aspects of the ordinance that the Council and/or Commission feel may need to be considered for amendments, if any. WV 111 NOTICE OF THE JOINT SESSION OF THE e FOUNTAIN HILLS TOWN COUNCIL AND PLANNING AND ZONING 94To�� COMMISSION AND REGULAR SESSION OF THE PLANNING AND that is MV ZONING COMMISSION Mayor Linda] Councilmember Dennis Brown tine Councilmember Nick DePorter oils Councilmember Henry Leger 6t/ ites Chairman Mike Commissioner Amberleigh Dabrowski 'yk Commissioner Susan Dempster ties Commissioner Erik Hansen ers TIME 5:30 P.M.—JOINT SESSION WHEN: THURSDAY, SEPTEMBER 21 WHERE: FOUNTAIN HILLS COUNCIL 16705 E.AVENUE OF THE a, r v LAN 11 AIN HILLS,AZ Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's Councilmember's or various Commissions or Boards may be in attendance at the Commission meeting. 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 Town Council 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. PROCEDURE FOR ADDRESSING THE PLANNING AND ZONING COMMISSION Anyone wishing to speak before the Planning and Zoning Commission must fill out a speaker's card and submit it to the Recorder prior to Commission 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 and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual commissioners. Speakers' statements should not be repetitive. 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 during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the commission. Time limits may be waived by(i) discretion of the Development Services Director 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. Please be respectful when making your comments. If you do not comply with these rules,you will be asked to leave. JOINT SESSION AGENDA • CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Mike Archambault Coo • MOMENT OF REFLECTION—Chairman Mike Archambault • ROLL CALL—Chairman Mike Archambault 1. REVIEW of the Commissions Activities for the past year. 2. DISCUSSION of the Public Art requirement process. 3. DISCUSSION of the Parking Standards. 4. ADJOURNMENT. REGULAR SESSION OF THE PLANNING AND ZONING COMMISSION REGULAR AGENDA • CALL TO ORDER—Chairman Mike Archambault • ROLL CALL—Chairman Mike Archambault Call To The Public L Pursuant to A.R.S. §38-431.01(H), 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 properly noticed for discussion and legal action. At the conclusion of the call to the public,individual Commission 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. 1. CONSIDERATION of APPROVING the PLANNING AND ZONING COMMISSION MEETING MINUTES from August 24, 2017. 2. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the joint session. 3. ADJOURNMENT. DATED this 21 t day of September, 2017. Ro ert odgers, Development Services Director The Town of Fountain Hills endeavors to make all public meetings a cessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. TOWN OF FOUNTAIN HILLS Planning and Zoning r Board of Adjustment AGENDA ACTION FORM Meeting Date: September 28, 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 August 24, 2017. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A .elated 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 August 24, 2017, as presented. Attachment(s): N/A Submitted by: Approved 09/21//17 09/21/17 Paula Woodward, Executive Assistant Date Rob Rodge , evelopment Services Director Date 414. Page 1 of 1 44O tN 4 z � t that is Av`tio PUBLIC ART FUND DEVELOPMENT GUIDELINES Contact Information: Planning & Zoning Department 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 (480) 816-5122 (480) 837-3145 (Fax) www.fh.az.gov 783838.1 What is the goal of the Public Art Fund Requirement of the Zoning Ordinance? • The goal of the Town of Fountain Hills' Public Art Requirement of the Zoning Ordinance is to beautify the community with a wide variety of high-quality art projects. The presence of artwork in developments creates a competitive edge by attracting people who are curious about the artwork. Residents and visitors may pause to enjoy the artwork's surprising and aesthetic delights and often return to experience it again while shopping or conducting business. What does the Zoning Ordinance require? The Town of Fountain Hills Public Art Requirement, established in subsection 19.05(I) in the Fountain Hills Zoning Ordinance, includes the following provisions: • Developers of any new professional office, lodging projects, retail, service, commercial, wholesale, transportation, industrial developments, re-developments or expansion projects and multi-family projects with five or more dwelling units within the Town of Fountain Hills are required to provide public artwork. The public art must have an invoiced cost or appraised value equal to one percent of the cost of building construction, including associated site work and signage; water features (using recycled water) are preferred. • As an alternative to providing public art, developers may make a donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. • The public art requirement must be met prior to the issuance of a Certificate of Occupancy. Applicants choosing to purchase a piece of art are encouraged to submit an Initial Art Plan and meet with the Fountain Hills Public Art Committee (the "Public Art Committee") to demonstrate that the proposed development or project will comply with the ordinance. The art contribution should be approved by the Public Art Committee as being in compliance with the ordinance. Approved artwork must be installed in accordance with approved construction and landscape plans. What on-site artworks are acceptable? Artwork selected by the developer must be integrated with the project must be located on an exterior of the structure or the building site, be visible to the public at all times and be accessible for at least 40 hours per week. Acceptable forms of art include the following: • All forms of limited edition or one-of-a-kind original creations of visual art created by an artist. • Project features and enhancements which are unique and produced by a professional artist such as benches and fountains. 783838.1 • Murals or mosaics covering walls. • Professional artist sculptures which can be freestanding, wall-supported or suspended and made of durable materials suitable to the site and the climate. • Other suitable artworks as presented in a catalogue and previously approved by the Public Art Committee. • The location of the artwork should be in an outdoor location to allow unrestricted visibility by the public 24 hours per day. Approved sites are Town owned property, including rights-of-way, parks, Community Center/Town Hall complex or the developer's own property. Art on private property will be supported entirely by private development; the Public Art Committee will be available and facilitate the private developers' identification of art opportunities and selection of artists. • A plaque will be placed that will identify the art and the artist. What on-site artworks are not eligible? • Business logos or art that incorporates a logo. • Directional elements such as supergraphics, signage or color coding except where these elements are integral parts of the original works of art. • • Mass-produced art objects, such as fountains, statuary objects, or playground equipment. • Reproduction by mechanical or other means of original works of art. • Decorative ornamental or functional elements created by the project architect instead of an artist commissioned for this purpose. • Landscape architecture or gardening except for elements designed by the artist as an integral part of the work of art. • Electrical, water or mechanical service for activation of the works of art. • Art exhibitions and educational activities. • Security and publicity concerning works of art. • Standard landscape or hardscape elements which would normally be associated with the project. C 783838.1 2 What are the eligible costs for artworks? When preparing a budget for the artwork, certain costs may be included to meet the developer's required art investment: • Professional artist's budget, including artist fees, materials, assistants' labor costs, insurance, permits, taxes, business and legal expenses, operating costs and art dealer's fees if such fees are necessary and reasonable. • Fabrication and installation of the artwork, including base and/or foundation if necessary. • Site preparation for artwork. • Structures enabling the artist to display the artwork. • Documentation of the artwork. • Acknowledgment plaque identifying the artist, artwork and development. Responsibility After Installation • Art located on the developer's property will remain the developer's property, subject to a covenant on the part of the developer that the piece will remain in public view. It will be the developer's and subsequent property owner's responsibility to insure and maintain the piece of art. The insured value must equal the appraised value. • Art located on Town-owned property shall be dedicated to the Town. The fmal location will be reviewed by the Town's Facilities Division to ensure compliance with American with Disabilities Act (ADA), if applicable, and to minimize conflicts with public utilities in Town rights-of-way. The Town will insure and maintain all pieces on Town-owned property. Approval Process The following checklist has been prepared by the Public Art Committee to help a you create a successful public art project. Contact the Public Art Committee should you have any questions about these guidelines. ❑ Initial Art Project Plan: If the applicant chooses the option of acquiring a piece of art, it is suggested that he prepare an Initial Art Plan. Fax, mail or e-mail a one-page narrative to the Public Art Committee with the following information: • Initial ideas for the art project. • The required art investment. 783838.1 3 • The artists being considered and the type of professional artist needed for this project. • Name of professional artist, if selected. • Developer goals for the project. • Concepts and budget for the proposed artwork. • Location and visibility of proposed artwork. The Public Art Committee will notify the Planning & Zoning Department that an Initial Art Plan has been received. If a developer chooses to contribute the required art investment to the Public Art Fund, monies must be deposited into the Public Art Fund with the Town in order to receive approval for the Certificate of Occupancy. If requested, the Public Art Committee staff will work closely with the developer to identify an appropriate use of the contribution that will benefit both the developer and the Town's Public Art Program. ❑ Public Art Committee Submittal: When the developer is ready for the proposed art project to be reviewed, he/she should contact the Public Art Committee to verify a meeting date. The Public Art Committee will review the art project plan considering comments, needs, values and these guidelines. The committee normally meets the first Thursday of each month. Please prepare five copies of the following information and submit it to the Fountain Hills Public Art Committee two weeks prior to the • scheduled meeting. A presentation will need to be given by the developer (or his/her representative) at the meeting to discuss: • Narrative description of proposed artwork. • Budget detailing applicable costs: artist's fees and expenses, costs for fabrication, installation, site preparation, structures to display artwork, plaque, and administrative costs. • Agreement between the developer and artist(s). • Scale site plan and landscape plan. • Scale drawing or model. • Perspective view showing the proposed artwork in the development context. Prior to making a recommendation, the Public Art Committee will consider the following: 1) Is the selected artwork produced by a professional artist? The committee will review such items as the person's educational background in the arts, arts accomplishments within the past five years such as gallery or museum filoy exhibits, and the person's recognition by accepted arts organizations as an 783838.1 4 artist. The artist should be a practitioner in the visual arts, generally recognized by his or her critics and peers as a professional possessing serious artistic intent and ability. 2) Are the budget items and total amount acceptable to meet the minimum art investment for the development? 3) Is the proposed artwork visible to the public 24 hours each day and accessible at least 40 hours per week? The committee will review the artwork plans and its placement in regard to the public visibility and enjoyment of the artwork. The content of the artwork is developer-selected; however, the Public Art Committee will be interested in the durability, safety,placement and visibility of the exterior art project. ❑ Public Art Committee Approval: The Public Art Committee will consider the proposed artwork at its next scheduled meeting following submission by a developer. The developer and artist are not required to attend this meeting. After its review, the Public Art Committee will forward a recommendation on the proposed artwork plans to the Town's Planning and Zoning Department. ❑ Final Approval: The recommendations of the Public Art Committee will be forwarded to the Planning and Zoning Department. The Zoning Administrator shall review the public Art Committee's recommendation and shall ensure that the proposed artwork will meet the public art requirements of the Zoning Ordinance before a Certificate of Occupancy is issued. ❑ Signed Contract: Fax or mail a copy of the signed contract between the developer and the artist(s) to Fountain Hills Public Art Committee and the Town of Fountain Hills Planning and Zoning staff for the Town's records. ❑ Certificate of Occupancy: Once the Public Art Committee and the Town's Zoning Administrator have determined that the Zoning Ordinance public arts requerements have been met, the Town may release the Certificate of Occupancy for the development project. 783838.1 5 Town of Fountain Hills Zoning Ordinance Chapter 19 ARCHITECTURAL REVIEW GUIDELINES Sections: 19.01 PURPOSE AND INTENT 19.02 APPLICABILITY 19.03 SITE PLANNING 19.04 ARCHITECTURE 19.05 LANDSCAPING & SIGNAGE 19.06 MATERIAL & COLORS 19.07 ADMINISTRATION Page 1 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 Section 19.01 Purposes and Intent The Town of Fountain Hills has a desire to continually upgrade commercial, industrial and multi-family projects and has identified a number of characteristics to achieve the objective. The guidelines in this document are to advise developers, property owners and users on the criteria that will be used in reviewing commercial development plan applications. The guidelines set forth herein are purposefully general in nature and avoid dictating specific design treatment although the preference is to encourage projects that support styles associated with the southwest environment. The belief is that creativity and design expertise lies more appropriately with the private sector and that the proper role of the Town is to ensure uniform and fair application of these design guidelines. These guidelines are applicable for commercial, industrial and multi-family projects. Because of the extreme variance in the size and nature of such projects, it is not possible to develop a list that can be used for every site. Therefore, not all of these guidelines will apply to every application. Some guidelines describe situations that will only occur in large projects and will clearly not be applicable to small projects on small parcels. Other guidelines Alk will only be used for specific types of commercial uses or at specific locations. However, most of these guidelines can still be achieved, regardless of project size, type or location. Section 19.02 Applicability A. All proposed retail, service, commercial, wholesale, transportation, industrial or multi-family developments, re-developments or expansions, that are subject to site plan review, pursuant to the provisions of Chapter 2 shall be subject to Design Review and approval by the same person or entity responsible for approving the Site Plan prior to the issuance of any Special Use Permit or Building Permit in connection with such development, re-development or expansion. Likewise, prior to the issuance of a Certificate of Occupancy, all conditions of said Design Review and approval must be met. B. The Design Review requirements established by this Chapter shall not apply to any development that, prior to the effective date of this chapter, has been authorized by the Town by the issuance of an approved building permit. However, any extension or amendment to said permit prior to the completion of construction shall require Design Review approval as above. Page 2 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 C. Where an existing building or site that is being added to or externally remodeled does not currently meet these design guidelines, the project shall conform to these guidelines to the extent practical given the nature and extent of the alteration. Section 19.03 Site Planning A. Integrate with surrounding area: To the extent possible and where land use and street patterns allow, integrate project with adjacent areas to provide easy pedestrian and vehicular access. New developments will be reviewed with respect to their response to the physical characteristics of the site and the contextual influences of the surrounding area. Drive-through uses shall be located to minimize conflicts with pedestrian routes and overall vehicular circulation and adequate stacking for the intended use shall be provided (minimum of 11 vehicles). Where practical, provide pedestrian and vehicular connections to/from existing commercial uses. Applicants shall submit a photographic or computer-generated, full-color illustration showing the proposed development (in at least four different views) as it would appear if constructed as proposed. The proposed development and landscaping, as well as the immediately surrounding buildings and landscaping, must be shown. B. Create a pedestrian-oriented environment: Create a pedestrian- oriented environment within projects with usable outdoor areas. Provide safe walkways separated from vehicles and protected from weather through the use of covered walkways, arcades or other methods that may serve the same purpose. Minimize the use of driveways and parking aisles for walk routes. Where pedestrian paths cross vehicular routes, provide a change in paving materials, textures or colors to emphasize the conflict points. Create continuous pedestrian activity in an uninterrupted sequence by minimizing gaps between buildings. Entries that face onto outdoor dining opportunities and storefront windows that attract pedestrian activity are encouraged. C. Provide reasonable parking and vehicular circulation: Provide parking that creates reasonable walking distances to buildings, but not directly abut buildings. Preference will be given to layouts where parking areas are divided from one another by landscaping. Where possible, vary the direction of parking aisles or angle them to the street. To reduce impeding overall traffic flow, parking spaces shall not directly access major entry drives, unless no other drive serves the property. On large lots, traffic calming devices are encouraged to Page 3 of 11 December 3, 2016 • Town of Fountain Hills Chapter 19 enhance safety. Parking lots and future parking structures shall be located to the rear of buildings whenever reasonable. Adjacent parking lots shall be designed so that vehicles can travel from one private lot to the other (reciprocal access) without having to enter the street. D. Avoid monotony: Projects with more than one building or with a single building over 20,000 SF in size shall create different angles of buildings to the street to avoid monotony in site design unless other architectural treatments can achieve the desired result. Avoid leveling large areas, as natural contouring is preferred. E. Separate uses: Physical separation of loading/delivery/service uses from other uses is suggested. Loading and storage facilities shall be located at the rear or side of buildings and screened from public view. Design solutions should minimize visual impacts of uses and provide an attractive appearance. Loading areas should not detract from the aesthetic quality of the surroundings, even in parking areas or at the rear of buildings. F. Create attractive appearance: Create attractive appearance by emphasizing the views of landscaping and buildings and by minimizing j the view of parking areas and vehicles. Locate delivery areas and support services (trash receptacles and ground-mounted equipment) in screened and less visible places. Provide long-term storage of shopping carts either within the tenant space or adjacent to it, behind decorative screening walls exceeding the height of the carts. Provide parking lot shopping cart corrals using durable, decorative materials that compliment the building design; avoid using striped parking spaces for corrals. Open space areas shall be clustered into larger, more meaningful areas rather than equally distributing them into smaller individual areas of lesser significance. G. Identify outdoor sales areas: Permanent outdoor sales along sidewalks, in parking areas and landscaped zones are discouraged. However, when the activity such as walk-up ATM's, propane sales, vending machines, outdoor dining and seasonal sales are essential to the business, the locations shall be identified as part of the site plan. Page 4 of 11 December 3, 2016 A Town of Fountain Hills Chapter 19 Section 19.04 Architecture A. Create visual interest: Create visual interest through distinctive structures, articulation of wall planes, variation of roof forms and other similar methods such as angling buildings. Building elevations and materials should have design characteristics that are contextually appropriate (massing, rhythm, scale, height, roof form, etc.). Building mass should be broken into smaller elements to reduce the apparent bulk of large structures, consistent with the proportions of the architectural style and surrounding uses. Where contrasting design elements are proposed, the applicant must demonstrate how the design is equal or superior to surrounding uses. All sides of buildings that are visible to adjoining uses shall be treated. B. Provide different elements: All buildings should contain color change that is recognizable, but not strongly contrasting, with texture and material changes at appropriate intervals, either horizontally or vertically. Predominant façade colors should possess low reflectivity characteristics. The use of bright color schemes must be justified and may not be appropriate in many contexts. It is desirable that the spacing of elements in facades be varied rather than repetitive, with a likaw high priority placed on the three (3) dimensional interplay of light and shadow. A minimum of three colors and/or textures must be incorporated in designs. C. Enhance energy conservation: Where feasible, use architectural features to enhance energy conservation. Orient and design new structures and additions for minimum solar gain, reflectivity and glare. Shelter entries, walkways and windows and use architectural shading devices and landscaping to minimize cooling losses. Mitigate urban heat island effects. Provide ample shade for pedestrians and employee areas. Misting systems and canopies may be considered when consistent with the design character of the building. Awnings shall respond to the scale, proportion and rhythm of windows and doors. D. Provide open design: Building designs should support pedestrian activity and provide natural surveillance of spaces from key locations inside and next to buildings with the appropriate placement of windows, entrances and lighting. Employee service doors shall be equipped with a security device or vision panel to allow viewing of the area surrounding the service door. Permanent, fixed security grates or grilles in front of windows are discouraged. If security grilles are L Page 5 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 deemed necessary, they shall be placed inside the building, behind the vioi window display area. E. Provide accessibility: Buildings should be accessible for every person, consistent with the Americans with Disability Act and its implementing standards and guidelines. Additional consideration should be given to including extra sidewalk widths, physical cues and limited audio distractions for the visually impaired. Minimize surface texture and elevation changes for persons using wheelchairs. F. Conceal utilities, equipment and services: All roof-mounted mechanical equipment shall be concealed on all sides by elements that are an integral part of the building design. Ground-mounted equipment shall be screened using masonry walls or other similar materials. Equipment that cannot be concealed due to unique functional requirements shall be made visually subordinate with architectural features that blend with the design of the main building. Electrical service panels shall be recessed into the building elevation and screened with landscaping, walls or doors. Vacuum tubes shall be internalized or placed underground. Roof drain elements shall be concealed within the building or an architectural feature. G. Avoid standardized corporate design themes: Any literal transplant of architectural styles not indigenous or compatible to the southwest environment is strongly discouraged. To the extent possible, corporate branding should be incorporated into designs compatible with the surrounding area. H. Provide compatible infill structures: New infill and/or renovations to existing structures must be compatible with existing surrounding buildings in terms of mass, scale, height, facade rhythm, placement of doors and windows, color, roof shapes and use of materials without duplicating outdated architectural styles. When a new or infill building is proposed that is much wider than the characteristic facades of adjacent buildings, the facade shall be broken down into series of appropriately proportioned "structural bays" or components. Typical solutions are segmented bay series of columns or masonry piers that frame windows, doors and bulkhead components. Long blank or unarticulated wall facades that face the street are strongly discouraged. Page 6 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 Section 19.05 Landscaping & Signage A. Provide landscaping features: Along streets, provide substantial landscaping features with special planting and hardscape treatment to enhance the appearance from the street. Emphasize entry drives with landscaped medians, sculptures or other similar treatments that maintains site visibility for vehicular traffic. Provide special accent planting around freestanding signs. Abide by the landscaping requirements in the Town's Zoning and Subdivision Ordinances, wherein the minimum quantity and types of plantings are outlined. B. Encourage pedestrian use: Provide outdoor seating areas with summer shade, trash receptacles and other features to encourage pedestrian use. Orient outdoor seating areas for winter sun and include seasonal plantings. Incorporate a mix of structures such as colonnades, canopies or trellis structures in combination with desert varieties of canopy shade trees. C. Provide for water conservation: Select plant materials that are suited for our desert environment; xeriscape should be considered for planting areas. Drought-tolerant trees, shrubs and groundcovers shall Nr.• be used as required in this Ordinance. Use a combination of plants for yearlong color and interest. Retain natural vegetation and incorporate it into the project whenever practical. Any proposed water features should be located in pedestrian areas. D. Integrate visual relief: In large parking areas, provide canopy trees for shade and visual relief. Provide significant plantings adjacent to buildings to accent building features. Use landscape treatments to enhance the screening of outdoor storage and mechanical equipment areas. Screen the paved areas of vehicle-intense uses, such as service stations and convenience stores, from streets and major public use areas with a three (3) foot high wall (with accompanying vegetation) or a dense vegetative buffer. E. Provide textured walls: All masonry walls intended for screening functions shall have an architectural texture, color and finish compatible with the primary building. F. Provide storm water detention: Design retention areas to meet technical requirements, as approved by the Town Engineer, while still providing attractive landscaped areas with a natural appearance. Page 7 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 G. Integrate signage: Locate freestanding signs on low planter walls or design monument signs to incorporate distinctive elements of the architectural style or theme of the development. Fagade sign materials shall be compatible with the design of the face of the façade where they are placed. Signs shall not interfere with an already established pattern of sign locations in relation to where other adjacent buildings have placed their signs. Directional signs shall be harmonious with the area. Provide building signage that is proportional to the scale of the tenant façade and consistent with the overall architecture. Sign colors should compliment the colors used on the structures and the project as a whole; contrast is an important influence on the legibility of signs. Provide signage plans showing the proposed locations and materials of all signs. Master signage plans are encouraged for multi-tenant developments. All signage shall comply with the provisions of Chapter 6 of this Zoning Ordinance. H. Provide appropriate lighting: Lighting should enhance the architecture of a project, comply with Chapter 8 of this Ordinance, be functional and not be offensive to its viewers or to adjacent properties. Lighting practices, including indirect lighting to minimize light pollution, glare and light trespass are strongly encouraged. Provide a complete site lighting plan including security lighting; include information on all specific light fixtures as well as locations and illumination levels in accordance with the provisions of this Zoning Ordinance. Public Art Requirement: 1. All development proposals subject to Design Review under this Chapter shall be required to provide one of the following prior to the issuance of a Certificate of Occupancy: a. Exterior public art of an appraised or invoiced value equal to or greater than 1% of the cost of building construction and associated site work and signage. Water features using recycled water are preferred; or b. A donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. 2. The value of construction costs will be determined by the Town using standard valuation procedures at the time of application. Page 8 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 3. Applicants are encouraged to meet with the Fountain Hills Cultural Council for recommendations when considering exterior public art selections. Section 19.06 Materials and Colors A. Use high-quality, durable materials: Predominate exterior building materials should include, but are not limited to: stucco, brick, stone, textured masonry, styled concrete masonry units, textured tilt-up panels, architectural metal, clear and tinted glass, clay tile roofs and other building and roof materials of similar quality and durability. B. Provide palette of proposed materials and colors: With the development application provide a palette of proposed materials and colors. Select materials that are durable and appropriate for their intended use. Choose colors that relate well to one another and the surroundings. Restraint should be used in the number of different building materials selected. C. Use natural materials: Use natural materials appropriate to the southwest desert setting. Wood should not be used as an exterior finish, except as a trim component. The use of authentic adobe bricks or stucco in projects with a southwestern theme is encouraged. D. Avoid highly reflective materials: Avoid highly reflective materials and glare-inducing colors. As a general principle, coarse and highly textured materials that create shadow patterns are preferred. To reduce glare, windows and large areas of glass should be recessed in deep shadow. In order to reduce mirror effects, glass must be non- reflective and not heavily tinted. E. Discouraged exterior finishes: 1. Colored plastics and fiberglass. 2. Exposed unfinished foundation walls. 3. Un-plastered exposed standard concrete masonry units. 4. Glass curtain walls; highly reflective glass. 5. Shiny acrylic and fluorescent paint finishes. Page 9 of 11 December 3, 2016 • Town of Fountain Hills Chapter 19 6. Dark colors, except where appropriately utilized on trim. .401 7. Wood, except as a trim material. 8. Pre-fabricated steel panels. 9. Corrugated metal. 10. Asphalt shingles. F. Encouraged surface materials: 1. Interlocking pavers. 2. Stamped and/or colored and textured concrete. 3. Matte finishes. Any proposal that indicates specialty surface materials other than concrete or asphalt to be located within a public right-of-way or located on public property must contain an agreement, executed by the property owner, that such areas will be (a) privately maintained, (b) insured, including indemnity to the Town, in an amount and a form acceptable to the Town Attorney and (c) replaced when necessary. G. Select environmentally sensitive colors: The primary colors should be sensitive to the colors found in the area's natural environment. The appropriateness of any given color shall depend on a number of factors including adjacent buildings. Bright or intense colors are discouraged, unless used on appropriate architectural styles and reserved for more refined detailing and transient features; colors must be harmonious with colors found on adjacent buildings. Appropriate varying colors can be used to articulate and reduce the apparent scale of building masses. Projects shall not be painted with a single color when such project contains (1) more than one building, (2) any multi-story building(s) and (3) any single building in excess of 20,000 SF in size. ..r� Page 10 of 11 December 3, 2016 Town of Fountain Hills Chapter 19 Section 19.07 Administration A. When design review of a Site Plan is required to be completed by the Planning & Zoning Commission and the Town Council, each shall hold its design review hearings during the Site Plan review process conducted pursuant to Section 2.04 of this Zoning Ordinance. All design review hearings and decisions shall be completed in conjunction with the Site Plan review, unless specifically requested otherwise by an applicant. B. Interpretation & Enforcement: The Zoning Administrator is charged with the responsibility of interpretation and enforcement of this Chapter. Interpretation of this Chapter includes, but is not limited to, clarification of intention and the delegation of processing procedures and requirements. C. Appeals: Any applicant may appeal a decision of the Planning & Zoning Commission to approve, conditionally approve or deny an application for Design Review under this Chapter to the Town Council. Said appeal shall be filed within 30 days of the date the decision was rendered by the Planning and Zoning Commission. 111) Nib Page 11 of 11 December 3, 2016 • r RESOLUTION NO. 2008-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS, ARIZONA, PUBLIC ART MASTER PLAN. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved Resolution No. 2003-70 on November 20, 2003, adopting the Town of Fountain Hills Public Art Master Plan (the"Art Master Plan"); and WHEREAS, on July 1, 2005 the Town Manager implemented Town of Fountain Hills Administrative Procedure L-1, Acceptance and Installation of Public Art (the "Administrative Art Policy"), which reflected a process consistent with previous Town Council actions, but at variance with the Art Master Plan; and WHEREAS, the Town Council approved Resolution No. 2007-63 on December 6, 2007, adopting the Public Art Fund Guidelines; and WHEREAS, at a Work Study session on August 12, 2008 it was determined that the current process for selecting public art was not in complete conformity with the adopted Art Master Plan and, therefore the Town Council requested that Town staff consider a revised process for selecting and approving public art that reconciled the Art Master Plan, the Public Art Fund Guidelines and the Administrative Art Policy; and WHEREAS, a working group comprised of Town staff and members of the Fountain Hills Cultural and Civic Association Public Art Committee, the Town's Parks and Recreation Commission and the Town's Community Center Advisory Commission collaborated to provide the Town Council with a recommendation for the public art acquisition/installation process, which recommendation was presented to the Town Council, including a document entitled "A Statement of the Policies and Procedures for Selecting Art to be Proposed for the Fountain Hills Public Art Collection" (the "Public Art Policy Statement"), at a Work Study meeting on October 14, 2008; and WHEREAS, the Town Council desires to reconcile and consolidate the Art Master Plan, the Public Art Fund Guidelines, the Administrative Art Policy and the Public Art Policy Statement into a new,consolidated public art master plan (the "Consolidated Art Master Plan"). BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That Resolution 2003-70 is hereby repealed. SECTION 2. That Resolution 2007-63 is hereby repealed. SECTION 3. That the Consolidated Art Master Plan is hereby adopted in the form fil'E` attached hereto as Exhibit A. 144. 921461.2 SECTION 4. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, December 4,2008. FOR THE TOWN OF FOUNT N HILLS: ATTESTED TO: /ea,Jay T chl , a Bevelyn J. Ben r, wn Clerk D BY: APPROVED AS TO FORM: OJA/U Richard L. Davis, Interim Town Manager Andrew J. McGuire, own Attorney raN 694143.2 2 EXHIBIT A (AL TO RESOLUTION NO. 2008-39 [Consolidated Public Art Master Plan] qW\ 921461.2 4��AINf O o 1. 17 IAA 9 cl' b • ! .% • 4 90 'hat is Ask' �� TOVVN OF FOUNTAIN HILLS PUBLIC ART MASTER PLAN 917874.4 L INTRODUCTION & BACKGROUND History of Public Art Public art has long played an important role in expressing the identity of a culture. In many cases, public art is the legacy by which we remember an ancient culture. Public art has been a part of the American landscape since Colonial times, but it wasn't until the middle of the 20th century that comprehensive public art programs emerged. After the establishment of the National Endowment for the Arts in 1965, the field of public art underwent significant change. As more and more cities adopted "percent for art" ordinances, public art has evolved from a process that placed large-scale versions of studio sculpture in unrelated spaces into the broader understanding that art may take various forms, including being routinely integrated into the surroundings it is placed in, often becoming part of building or structure itself. In cities like Seattle, Philadelphia, Los Angeles, Miami and others, artists working in the public realm became more involved in the design of public spaces by working closely with architects, landscape architects and engineers. The result was the use of art to shape a new public space, not just to enhance an existing one. In Seattle, Phoenix and Scottsdale, the art went one step further; it has become an integral part of civic infrastructure including, bridges, waste treatment plants, freeways,parks, sports complexes and other projects. Funding for contemporary public art has come in large part from three sources: (i) "percent for art" ordinances, (ii) funding through local, state and federal grant programs and (iii) corporate sponsorships and private donations from individuals and foundations. History of Art in Fountain Hills In October 1994, the Town of Fountain Hills (the "Town") and the Fountain Hills Civic Association (the "Civic Association") commissioned a community cultural assessment, sponsored by the Arizona Commission on the Arts (the "1994 Cultural Assessment"). Nearly 50 citizens participated in either the open forum or in the surveys collected. The community's strengths and challenges were discussed, and four key issues were identified: • The need for a cultural center facility with performance, gallery and meeting space. • A need for an arts council to provide leadership for cultural growth. • A need to involve the arts in community design and planning. • A need for youth services including after school and summer programs. 1 Through the 1994 Cultural Assessment, a clear need for a public art committee was recognized. The Fountain Hills Arts Council (the "Arts Council") bylaws were formally adopted in March 1995. i 917874.4 • em- On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts Council, then a committee of the Civic Association, as the official representative of the Town in all matters dealing with the promotion of public arts within the Town of Fountain Hills. Shortly thereafter, the Arts Council established the Fountain Hills Public Art Committee(the"Public Art Committee") to administer its public art program. On November 20, 2003, the Town Council adopted Resolution No. 2003-70 confirming this appointment and adopting an official Master Plan for the acquisition of public art. Through various corporate reorganizations, the Arts Council became the Fountain Hills Cultural Council and thereafter merged with the Civic Association to become the Fountain Hills Cultural and Civic Association, a 501(c)(3) non-profit corporation ("FHCCA"). The Public Art Committee continues as a committee of FHCCA, and since 2000, the Public Art Committee has adopted an aggressive policy of public art acquisition. On December 7, 2006, the Town Council adopted Ordinance 06-23, creating the Town's Commercial/Multi-Family Architectural Design Review Guidelines (the "Design Guidelines"). Section 19.05(1) of the Design Guidelines established the minimum standards for including a public art element in all commercial, industrial and multi-family residential projects (the "Public Art Requirement") providing for either(i) the installation of exterior public art valued at equal to or greater than 1% of the cost of building construction and associated site work and signage of a new or redeveloped commercial, industrial, or large multi-family residential construction project or(ii) a donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. The funds raised through this process will be referred to hereafter as the "Percent for Public Art" funds. Public Art Fund Development Guidelines were adopted by the Town Council in January, 2007 to set forth the process for implementing the Public Art Requirement. The Fountain Hills Public Art Fund is the fund held by the Town for the purchase or installation of public art (the "Fountain Hills Public Art Fund"). II. PUBLIC ART PROGRAM GENERAL STANDARDS By combining the tremendous volunteer efforts of citizens like those serving on the Public Art Committee with the Town's desire to enhance the quality of life for its residents, the Town endeavors to create a world-class public art program. The Town Council intends that all public art in the corporate limits of the Town shall be selected and approved according to the Public Art Requirement process or the Public Art Acquisition process, each as described below. A. Acquisition Standards Public art is defined as the work of a visual artist located in a publicly accessible space. Public art includes, but is not limited to, paintings, murals, statues, stained glass, fiber art, relief or other sculpture, fountains, arches and other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, landscape art, and crafts, both decorative and utilitarian. Public art may be temporary or permanent in nature. Public art projects may also include visual or landscape artists serving on design and development teams to identify opportunities and approaches for incorporating artwork or 917874.4 2 aesthetic concepts into Town building and visible public improvement projects. Regardless of the method of acquisition, certain fundamental criteria will be universally applied to any work of art under consideration including: • Artistic merit. • Physical condition of the artwork. • History and provenance of the artwork. • Compatibility with the Town's public art program and collection. • Availability of an appropriate location for siting on Town property. • Requirements for installation,storage, and maintenance. • Liability considerations and issues of public safety. 1. Acceptable Art. Acceptable forms of art ("Acceptable Art") shall include but are not necessarily limited to, the following: • All forms of limited edition or one-of-a-kind original creations of visual art created by an artist. • Project features and enhancements which are unique and produced by a professional artist such as benches and fountains. • Murals or mosaics covering walls. • Professional artist sculptures which can be freestanding, wall-supported or suspended and made of durable materials suitable to the site and the climate. • Other suitable artworks as presented in a catalogue and previously approved by the Public Art Committee. 2. Not Acceptable Art. The following, non-exclusive list describes those items not considered Acceptable Art: • Business logos or art that incorporates a logo for the primary purpose of advertising a business. • Directional elements such as supergraphics, signage or color coding except where these elements are integral parts of the original works of art. • Mass-produced art objects, such as fountains, statuary objects, or playground equipment. • Reproduction by mechanical or other means of original works of art. • Decorative ornamental or functional elements created by the project . , architect instead of an artist commissioned for this purpose. 417874.4 3 ( • Landscape architecture or gardening except for elements designed by the artist as an integral part of the work of art. • Electrical, water or mechanical service for activation of the works of art. • Art exhibitions and educational activities. • Security and publicity concerning works of art. • Standard landscape or hardscape elements that would normally be associated with the project. III. PUBLIC ART ACQUISITION This master plan is intended to govern the process for identification and acquisition of art by the FHCCA for recommendation to the Town Council for inclusion in the Town's public art collection. The guidelines outline the process for reviewing and evaluating works of art under consideration to determine the suitability of artwork, appropriate locations for possible installation, and evaluating future maintenance and safety requirements. These guidelines are intended to ensure that public art acquired by the Town (i) is of the highest quality, (ii) enhances the aesthetic character of the community's public spaces, (iii) advances the public understanding of art and (iv) does not place an undue burden on the Town for the artwork's maintenance, security or public safety. Public art is acquired through two primary methods: (i) by the active procurement of a specific work of art or the selection of an artist for a specific project, or (ii) as the result of a gift or loanIMO whereby the Town becomes a beneficiary. Both methods present unique requirements and concerns. Consequently, the protocol for each must be somewhat different. For this reason, these guidelines have been organized in two sections: (i) policies and procedures for acquiring art through purchase or artist selection and (ii) policies and procedures for accepting gifts, bequests and loans of art.' A. Acquiring Art through Purchase or Artist Selection The FHCCA will follow principles adopted and utilized by a majority of public art programs in the nation, generally understood as the independent panel review process. This is a comprehensive review-and-approve procedure identifying, ranking and recommending public art purchases and selected artists. The process begins with the Public Art Committee, moves to the FHCCA Board of Directors, and is finalized by the Town Council. 1. The Public Art Committee will identify potential art projects or art purchase opportunities. Working with appropriate town departments and commissions, the Public Art Committee will bring forward to the FHCCA Board potential projects and/or purchase opportunities for consideration. Any recommendation to the FHCCA Board regarding the acquisition of a piece of art shall identify the potential source of funds for such acquisition. Such source of funds may include the funds deposited in the Fountain Hills Public Art Fund pursuant to Article I, Section(A)(2)of this master plan. If matching funds are used to acquire the artwork,the purchase guidelines are to be followed. 9I7874.4 4 A., 2. The FHCCA Board will decide which projects or purchases will be recommended to the Town Council and will forward to the Town Council all of the information which it has received from the Public Art Committee. The Town Council will have the final decision, acting in its sole discretion, to determine (i) which projects or purchases will be undertaken and (ii) if the recommendation includes the use of funds from the Fountain Hills Public Art Fund, whether the use of such funds is appropriate. 3. If the Town Council approves moving forward with a project or purchase, the Public Art Committee will assume the role of an independent selection panel. There are a variety of commonly accepted methods used by public art programs for identifying and selecting artists or works of art. The Public Art Committee will choose the most appropriate method for a given project or purchase from among the following options: • Open Competition. This method offers opportunities in which any professional artist is eligible to enter. A Project Profile, an announcement with information about the project, will be circulated, requesting artist proposals for review by the selection panel. • Invitational or Limited Competition. This two-staged competition calls for artists to submit qualifications (slides and documentation of past work) for the selection panel's consideration, instead of a proposal. The panel 46- \ selects three to five artists to visit the site and develop detailed proposals or to participate in an interview process. The artists may be paid for their proposals and site visits based on a percentage of the project budget. The panel then reconvenes to select an artist and/or proposal. • Direct Selection and Nominations. In this method, the panel selects one artist on the basis of slides and/or documentation of past work. The pool of work reviewed can be solicited through a call-to-artists or by using an existing artist slide bank. The artist is selected based on one review and a contract is negotiated for the development of a proposal. • Direct Purchase. A method that results in the purchase of already completed artworks, based upon the panel's recommendations. Available artworks are assembled by the Public Art Committee for the panel's review using a call-to-artists or an existing slide bank. 4. Due to their size, complexity, or monetary value, some projects or purchases may require certain expertise outside the scope of the standing Public Art Committee. On such occasions, the Public Art Committee will enlist the services of individual arts and design professionals,engineers, and artists to assist in the selection process. 5. The Public Art Committee will maintain records of all its deliberations, and will provide a comprehensive report to the FHCCA Board for each project or purchase, including the panel's initial selection recommendation. C 917874.4 5 rws 6. The Public Art Committee will make its recommendation at regular meeting of the FHCCA Board of Directors. 7. The FHCCA Board will review and accept or reject the Public Art Committee's acquisition recommendation. 8. Should the FHCCA Board approve the recommendation of the Public Art Committee, the recommendation will be forwarded to the Town Council for consideration. 9. Upon Town Council approval of any public art project or purchase, the Public Art Committee will contact the selected artist or artist's agent. The Public Art Committee will prepare an invoice or contract between the FHCCA and the artist covering the entire scope of work to be performed, and specifying all fees to be paid, including, those for any travel expenses, shipping and/or installation charges. If the Fountain Hills Public Art Fund is to be used for all or a portion of the acquisition cost, the aforementioned invoice or contract shall be entered into between the Town and the artist, and the Town Attorney shall prepare the invoice or contract with input from the Public Art Committee as to the appropriate scope of work to be performed, fees to be paid, travel expenses to be reimbursed and shipping and/or installation charges to be paid. If both the Fountain Hills Public Art Fund and FHCCA funds are to be used for acquisition and/or installation, the FHCCA shall contribute its portion to the Town prior to the date the Town is required to pay the final invoice. 10. Working in cooperation with appropriate Town staff and/or commissions, the Public Art Committee will assume responsibility for project management: overseeing the purchase, shipment and installation of selected art work, or the design, fabrication and installation of a commissioned project. 11. According to the payment schedule stipulated in the contract, the Public Art Committee will be responsible for paying all project fees in a timely fashion, except for those installation fees agreed to be covered by the Town through a separate agreement. 12. Upon completion of the purchase or project, the Public Art Committee will arrange a public dedication and formal transfer of ownership to the Town. B. Accepting Gifts, Bequests and Loans of Artwork This process begins with the Public Art Committee, moves to the FHCCA, and is finalized by the Town Council. Immediately upon receipt of an offer, the Public Art Committee will provide the prospective donor with a copy of these Guidelines. 1. Eligible offers of artworks from artists, owners, businesses, organizations, individuals or other entities shall be submitted by the donor to the Public Art Committee for proper processing. Eligible offers shall include the following elements: 917874.4 6 • A Letter of Intention stating that the donor wishes to donate, loan and/or bequest an artwork to the Town. The donor may suggest locations for the artwork's placement on Town property. • A written description of the artwork, including a definition (i.e., painting, sculpture, fabric hanging, etc.); the date medium was created; the name and, if possible, a resume of the artist who created the artwork; its dimensions; physical condition, and any relevant background information about the artwork and the artist. • The name, address and phone number of the prospective donor. • Visual documentation of the artwork (i.e., color photographs, 35 mm slides, videotapes, etc., including electronic copies when possible). • Donor may be asked to provide additional documentation to verify originality and legal title to the work. 2. As soon as possible thereafter, the Public Art Committee will schedule a review of the offer, notifying the prospective donor in writing of the date and time for the review. The prospective donor will have an opportunity to make a brief informational presentation to the Public Art Committee. 3. Upon reviewing and examining the artwork and evaluating the proposed gift, loan is. Ns and/or bequest according to the criteria detailed below,as soon as it is practicable, the Public Art Committee will make a recommendation to the FHCCA Board regarding acceptance or non-acceptance of the artwork. 4. The FHCCA will consider the recommendations of the Public Art Committee during a meeting of its Board of Directors. 5. The FHCCA will forward its recommendation of acceptance to the Town Council, at which time, public comment can be heard. 6. The Town Council shall accept or decline the artwork for the Town. After receipt of the Town Council's decision, the Public Art Committee will formally notify the prospective donor of the Town Council's decision in writing. 7. Prospective donors should understand that artwork will not be accepted by the Town with attached conditions or restrictions, except in extraordinary circumstances, which will be noted and approved by the Public Art Committee in advance of the acceptance. Neither the Public Art Committee nor the Town is obligated to accept bequeathed items that in its opinion would be inappropriate in the Town's public art collection. No object will be accepted for the Town's art collection if ownership is in question. Art objects will be accessioned only when they have been collected, exported and imported in full compliance with the laws and regulations of the country or countries of origin, and with the laws and regulations of the Town, Maricopa County, the State of Arizona and the United States. Under no circumstances will individuals of I (414 the Arts Council, Public Art Committee or Town staff give appraisals of art objects. 917874.4 7 C. Catalogue of Acceptable Art The Public Art Committee shall maintain a catalogue of Acceptable Artworks for which potential funds or donors might be solicited. An attempt is made to ensure that the collection of potential acquisitions is varied in interest and type, working toward the goal of establishing an eclectic collection of public art. Promptly after the acceptance of these guidelines by the Town Council, the Public Art Committee shall deliver copies of its current catalogue of Acceptable Artworks to the FHCCA Board and the Town Council for review and approval of the catalogue by these two bodies. Either body shall have the right to reject any item contained in the catalogue as an unacceptable public art acquisition. Any item in the catalogue that has been reviewed by the FHCCA Board and the Town Council shall not require any further approval as to the appropriateness of its selection. Each year members of the Public Art Committee will visit a number of art shows around the country and take photographs of potential works. These works are informally screened under the supervision of the Chair of the Public Art Committee and those selected are submitted to the entire membership of the Public Art Committee. At least a 2/3 approval vote is necessary before a work is placed in the catalogue of possible acquisitions. In addition, the entire Board of the FHCCA and the Town Council shall be given the opportunity to comment on and approve or reject all additions to this catalogue. The fact that a piece has been included in the catalogue does not mean that it will eventually be acquired. It simply means that donors or fund sources will be sought. D. Site Selection Requirements. 1. Determination of Site Locations. When evaluating potential art sites or opportunities to involve artists on a design team for larger projects, it should be asked whether art at a particular location has the ability to: (i) reveal a unique or special quality about Fountain Hills, (ii) enhance the daily routine of the commuter, pedestrian, worker or resident, (iii) contribute to awareness of Fountain Hills' history and cultural identity, (iv) add aesthetic quality and interest to Fountain Hills' infrastructure, (v) serve as a landmark or place-maker, (vi) engage the public in an entertaining, educational, or contemplative way or (vii) make a statement about the identity, character or values of a particular area or community within Fountain Hills. Site location for the placement of works to be acquired is also an involved process. This requires close cooperation between members of the Public Art Committee, other affected Town boards, committees and commissions and Town staff. The FHCCA and the Public Art Committee have identified the following priority sites: • Fountain Hills Civic Center. Numerous art pieces have been placed in and around the Community Center, the Library, the Town Hall and the community plaza located in front of the community center and the library/museum complex. The current collection incorporates a rich variety of public art that enhances community identity and promotes the 917874.4 8 appreciation of art in Fountain Hills and the surrounding area. While the current selection of artworks at the Civic Center is extensive, the Public Art Committee will continue to evaluate appropriate new pieces for the campus. Art will continue to be integrated into the public structures and overall design, which shall include shade, water features and lighting. • Avenue of the Fountains/Downtown Development. • Fountain Park. • Main Thoroughfares. The FHCCA will consider several factors when determining an acceptable location for the art. The location must be compatible with the piece to be acquired. This is why Last Doll and Adolescence were placed by the Splash Park. They appeal to children and the Splash Park and the neighboring playground are gathering places for our youngsters. In some cases, the proper site is obvious. For example, one of the works high up on the list of potential acquisitions is called Quackers. It is of a small boy feeding a pair of ducks. It should only go near Fountain Lake where the ducks congregate. Fortunately there is an ideal location that meets all of the requirements. In another instance, a pending acquisition is a sculpture of an eagle sitting on her nest feeding her chicks. This piece, called Freedom by Fountain Hills artist Jim Dodson, is recommended for location on the small island in Fountain Park near the performance pad. It will give the illusion of looking at an eagle in the wild. 2. Commission Review. After the FHCCA determines that a site in the Community Center or Town Park may be appropriate, the FHCCA shall notify the Town staff member responsible for staffing the Community Center Advisory Commission or the Parks and Recreation Commission, as appropriate. The Town staff shall prepare the item for Commission consideration at its next meeting. Commission concurrence with the FHCCA recommendation shall be required prior to recommending the site to the Town Council. 3. Interference With Other Facilities. The piece must not interfere with other uses or with utility lines. The FHCCA has rejected many likely locations because they are over underground wiring or pipes. Others have been rejected because they would interfere with building maintenance or window washing activities or with the normal flow of pedestrian traffic. Within Fountain Park, locations have been rejected because they would interfere with the Frisbee golf course located in the park. 4. ADA Compliance. The location of the work must conform to the Americans with Disabilities Act ("ADA") including any applicable provisions relating to visual access and physical access to the installed work of art. 5. Site Maps. Three site maps for the location of public art have been established. These include a map of the Community Center Courtyard area (including the area around Town Hall) and a map of Fountain Park which have been established by agreement between Town staff and the Public Art Committee setting forth acceptable sites. A third map showing acceptable I (4'" sites for art work within the Community Center building has been established by the Community Center Advisory Commission and Town staff. These three maps are not the final word; the 917874.4 9 Town is willing to be flexible if a given work clearly should be placed in a different location. But in all cases, the final site for a work must by approved by the Town Council and must meet the required standards and, if the piece is to be located within the Community Center building, the Community Center Advisory Commission must approve the location; any relocation of an art work must be approved by the Town Council. As other areas for potential placement are determined, such as the median in the Avenue of the Fountains, the Dog Park or elsewhere, site maps for those locations will also be established. 6. Relocation of Art Work. The initial placement of a work is not necessarily permanent. Several pieces have been relocated to other sites which later have seemed more appropriate. Examples include The Great Arrow, Precious Cargo, Flower Dancing in the Wind and Embrace. The Public Art Committee intends that, as the remainder of the Town-owned property near the Community Center is developed, a better location for Ring of Peace can be found. It seems to get lost in the trees in its present location. Unfortunately, when it was acquired other likely locations didn't meet the required placement standards. Relocation of any work is subject to approval by the Town Council, which shall determine, in its sole discretion, whether the cost of relocation may be paid for with Town funds. IV. PUBLIC ART REQUIREMENT FOR DEVELOPMENT A. Basic Requirements 1. Developers of any new professional office, lodging projects, retail, service, commercial, wholesale, transportation, industrial developments, re-developments or expansion projects and multi-family projects with five or more dwelling units within the Town of Fountain Hills are required to provide public artwork. The public art must have an invoiced cost or appraised value equal to 1% of the cost of building construction, including associated site work and signage; water features (using recycled water) are preferred. 2. As an alternative to providing public art, developers may make a donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. 3. The public art requirement must be met prior to the issuance of a Certificate of Occupancy. Applicants choosing to purchase a piece of art are encouraged to submit an Initial Art Plan and meet with the Public Art Committee to demonstrate that the proposed development or project will comply with the ordinance. The art contribution should be approved by the Public Art Committee as being in compliance with the ordinance. Approved artwork must be installed in accordance with approved construction and landscape plans. 4. Artwork selected by the developer must be integrated with the project, be located on an exterior of the structure or the building site, be visible to the public at all times and be accessible for at least 40 hours per week. 5. The location of the artwork should be in an outdoor location to allow unrestricted elw visibility by the public 24 hours per day. Approved sites are Town owned property, including 917874.4 10 rights-of-way, parks, Community Center/Town Hall complex or the developer's own property. Art on private property will be supported entirely by private development; the Public Art Committee will be available and facilitate the private developers' identification of art opportunities and selection of artists. 6. A plaque will be placed that will identify the art and the artist. B. Eligible Costs for Calculating 1% Contribution The following costs may be included in the calculation of the developer's required art investment. • Professional artist's budget, including artist fees, materials, assistants' labor costs, insurance, permits, taxes, business and legal expenses, operating costs and art dealer's fees if such fees are necessary and reasonable. • Fabrication and installation of the artwork, including base and/or foundation if necessary. • Site preparation for artwork. • Structures enabling the artist to display the artwork. • Documentation of the artwork. • Acknowledgment plaque identifying the artist, artwork and development. C. Responsibility After Installation 1. Art located on the developer's property will remain the developer's property, subject to a covenant on the part of the developer that the piece will remain in public view. It will be the developer's and subsequent property owner's responsibility to insure and maintain the piece of art. The insured value must equal the appraised value. 2. Art located on Town-owned property shall be dedicated to the Town. The art's final location will be reviewed by the Town's Facilities Division to ensure compliance with the ADA, if applicable, and to minimize conflicts with public utilities in Town rights-of-way. The Town will insure and maintain all pieces on Town-owned property. D. Approval Process The following checklist has been prepared by the Public Art Committee to help a developer create a successful public art project. A developer should contact the Public Art Committee with any questions about the approval process. 1. Initial Art Project Plan. If the applicant chooses the option of acquiring a piece of art, he/she shall prepare an Initial Art Plan. The applicant shall send (via U.S. mail or electronic mail) the Initial Art Plan and one-page narrative to the Public Art Committee with the following information: 917874.4 11 • Initial ideas for the art project. • The required art investment. • The artists being considered and the type of professional artist needed for this project. • Name of professional artist, if selected. • Developer goals for the project. • Concepts and budget for the proposed artwork. • Location and visibility of proposed artwork. • The Public Art Committee will notify the Planning &Zoning Department that an Initial Art Plan has been received. 2. Public Art Committee Submittal. When the developer is ready for the proposed art project to be reviewed, he/she shall: (i) contact the Public Art Committee to verify a meeting date and (ii) deliver five copies of the following information and submit it to the Public Art Committee one week prior to the scheduled meeting. • Narrative description of proposed artwork. • Budget detailing applicable costs: artist's fees and expenses, costs for fabrication, installation, site preparation, structures to display artwork, plaque, and administrative costs. • Agreement between the developer and artist(s). • Scale site plan and landscape plan. • Scale drawing or model. • Perspective view showing the proposed artwork in the development context. 3. Public Art Committee Review. The developer (or authorized designee) shall present the Initial Art Plan at the Public Art Committee meeting to discuss the proposed Initial Art Plan. The Public Art Committee will review the art project plan considering comments, needs, values and these guidelines. Prior to making a recommendation, the Public Art Committee will consider the following: • Is the selected artwork produced by a professional artist? The Public Art Committee will review such items as the person's educational background in the arts, arts accomplishments within the past five years such as gallery or museum exhibits, and the person's recognition by accepted arts organizations as an artist. The artist should be a practitioner in the visual arts, generally recognized by his or her critics and peers as a professional possessing serious artistic intent and ability. 917874.4 12 • Are the budget items and total amount acceptable to meet the minimum art investment for the development? • Is the proposed artwork visible to the public 24 hours each day and accessible at least 40 hours per week? The Public Art Committee will review the artwork plans and its placement in regard to the public visibility and enjoyment of the artwork. The content of the artwork is developer-selected; however, the Public Art Committee will be interested in the durability, safety,placement and visibility of the exterior art project. 4. Public Art Committee Approval. The Public Art Committee will consider the proposed artwork at its next scheduled meeting following submission by a developer. The developer and artist are not required to attend this meeting. After its review, the Public Art Committee will forward a recommendation on the proposed artwork plans to the Town's Planning and Zoning Department. 5. Final Approval. The recommendations of the Public Art Committee will be forwarded to the Planning and Zoning Department. The Zoning Administrator shall review the Public Art Committee's recommendation and shall ensure that the proposed artwork will meet the public art requirements of the Zoning Ordinance before a Certificate of Occupancy is issued. V. ACQUISITION AND INSTALLATION COSTS A. Acquisition Costs The Public Art Committee strives to raise funds to pay for as many Acceptable Art pieces as possible. Fund raising may be a community wide effort, such as the drive led by our local real estate community resulting in the purchase of Circle of Peace, or simply an attempt to identify individual donors or groups of donors who will purchase such works. This type of acquisition represents the majority of the works approved by the Public Art Committee. If and when a potential source of funds is located, and sometimes before that, the artist is contacted to see if an acceptable price can be established. The Public Art Committee should seek discounts because experience has shown that a discount from gallery prices from 30% to 40% can usually be negotiated. B. Installation Costs Most items have little or no installation cost other than Town staff time. Some, such as the sites for Joy of Musk and Self Made Man, have required significant installation expenses. Where outside costs are necessary installation costs shall be allocated as follows: 1. If a piece of Acceptable Art is to be purchased as a result of a community wide fund raising effort, such as the drive to purchase Circle of Peace, then that fund raising effort shall include the cost of installation. c 917874.4 13 2. If a piece of art is to be purchased with money from the Fountain Hills Public Art Fund, then that fund should also be the source of installation costs. 3. If a piece of art is to be donated by one or more individuals, then the cost of installation should come from funds allocated by Town Council, which could be the Fountain Hills Public Art Fund or any other source of funds, as determined by the Town Council in its sole discretion. 917874.4 14 TOWN OF FOUNTAIN HILLS O Development Services Department vs"• S %irism.o. INTER OFFICE MEMO TO: Bob Rodgers, Development Services Director DATE: September 28, 2017 FR: Marissa Moore, AICP,VI' Senior Planner RE: Parking Standards At the June 1, 2017 Town Council meeting, staff brought forward amendments to the Town Code relating to parking. At that meeting, staff informed the Council that amendments to the Zoning Ordinance would be brought before them at a later date. As staff is updating Chapter 7 Parking and Loading Requirements, the Planning and Zoning Commission requested a discussion on parking be brought before the September 28, 2017 joint session. Staff has identified several items for possible consideration in this update, as follows: 1. Expanding the Shared Parking Model a. In Chapter 18 Town Center Commercial District, a shared parking model is provided. However, this model truly only applies to parking requirements within the Town Center Commercial District and is not applicable town-wide. Additionally, this model is rather limited as to what uses are included in reductions in parking requirements. b. Large-scale projects with mixed uses in town have taken advantage of reductions in parking requirements. Using existing research and documentation (for example Urban Land Institute's "Shared Parking") would help staff to calculate these reductions/requirements. Having this information codified in the Zoning Ordinance will assist developers in their understanding of our requirements. 2. Reducing or eliminating parking requirements a. There is a national trend to reduce or eliminate the minimum parking requirements for new development in commercial and mixed use urban areas. Some places eliminate parking requirements in downtown areas where land is scarce and/or has high rents, costing developers more to meet the minimum requirements by reducing the amount of land developed for the business t structure. Excessive requirements promote vehicular traffic which worsens air pollution, degrades urban design by reducing land for business development (as mentioned above), and precludes walkability. Essentially, minimum parking requirements are planning for cars and not people, whether the spaces are used or not. However, having minimum requirements does ensure there is available 4 parking within proximity of the business. b. Commercial areas of town that also provide off site street or public parking could be analyzed to account for those spots when calculating parking attributed to I (PP' development. Those spots could also be used for shared parking. In some .r r communities, these street/public parking spaces are accounted for in the site plan process, utilizing a parking fee-in-lieu of providing the spaces on-site. 3. Off site parking a. Recent development projects have provided off site parking, but within a certain distance (usually within an appropriate walking distance) on other private property. Utilizing this type of parking would require a lease agreement between the owners to be provided to the Town prior to site plan approval. b. This type of parking can be a cost-efficient way to implement shared parking between different business locations (which differs from shared parking accounted for on a development site). 4. Other Parking considerations a. Requirements by Use - Staff believes some requirements for different uses can be updated in consideration of recent research and national trends. Some requirements are excessive, while some uses can be combined making it easier for developers to understand the requirements. For example, "Private golf clubs, swimming, and tennis clubs" require 1 space per every 5 member families of individuals. The ability to enforce this is not feasible and is not intuitive as to how that number became the requirement. b. Parking Meters — While meters may bring in a revenue stream, they can also increase the cost of policing for parking violations. However, they may prevent employees and business owners from utilizing spaces that would typically used by customers. c. Rideshares and Taxis — These types of services are becoming more prevalent and can also serve as justification to reducing parking requirements. These could be accommodated by providing designated spaces as taxi stands. d. RV Parking in Residentially-Zoned Areas — From time to time, complaints arise about locating RVs, boats, trailers, etc. in residential districts, if located on a hard surface pad and behind a 6-foot tall wall or fence. Complaints are typically about aesthetics. However, because Fountain Hills has a considerable number of residents who reside in other states during summers and in Fountain Hills in the winters, amending or prohibiting RVs could affect a number of community members.