HomeMy WebLinkAboutPZ.2017.0928.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE JOINT SESSION OF THE FOUNTAIN HILLS TOWN
COUNCIL AND PLANNING AND ZONING COMMISSION AND
REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
September 28, 2017
Planning and Zoning Chairman Archambault opened the meeting at 5:30 p.m.
TOWN COUNCIL ROLL CALL:
Mayor Linda Kavanagh present
Councilmember Henry Leger present
Councilmember Dennis Brown absent
Councilmember Art Tolis present
Councilmember Nick DePorter present
Vice-Mayor Alan Magazine present
Councilmember Cecil Yates
Grady Miller, Town Manager present
Robert Rodgers, Director of Development Services present
Town Attorney Andrew McGuire, present
Marissa Moore , Senior Planner present
Paula Woodward, Recorder present
PLANNING & ZONING ROLL CALL:
Chairman Mike Archambault present
Vice-Chairman Gene Mikolajczyk present
Commissioner Susan Dempster arrived @ 5:38 P.M.
Commissioner Erik Hansen present
Commissioner Amberleigh Dabrowski present
Commissioner Howie Jones present
Commissioner Rodger Owers absent
Chairman Archambault opened the joint session.
AGENDA ITEM #1 - REVIEW OF THE COMMISSION'S ACTIVITIES FOR THE PAST
YEAR.
Chairman Archambault reviewed the activities of the Fountain Hills Planning and Zoning
Commission for the year 2016/17. Chairman Archambault said the Commission forwarded a
recommendation to approve administrative site plan reviews. The Ordinance helped consolidate
and eliminate sections related to application submittals. The Commission approved the text
amendments to the zoning ordinance relating to outdoor lighting controls. In December 2016 the
Commission approved a Special Use Permit to allow EPCOR Water to install a radio antenna at
the Adero Canyon booster pump station and reservoir site. Other projects mentioned were; the
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approval of the Copperwynd PAD (Planned Area Development), Revision to the Zoning
F Ordinance related to installation and continued maintenance of landscaping within front and side
yards, the Verizon Faux Water Tower in Adero Canyon, the addition of the Entertainment Overlay
District and most recently they approved the addition of a section of the Zoning Ordinance
regarding canyon-side lots.
AGENDA ITEM# 2—DISCUSSION OF THE PUBLIC ART REQUIREMENT PROCESS.
Chairman Archambault stated that the public art requirement ordinance has not been reviewed in
quite some time. He said, there is an opportunity to review revisions if council requests. He gave
examples of suggested changes such as; the purchasing of landscapes and/or specialized pieces
instead of reproductions, etc.
Mayor Kavanagh stated that former Mayor Jerry Miles, Head of the Art Committee and
Committee Members are present and available to answer any questions.
Councilmember Tolis said he would like to hear from Jerry Miles and receive feedback before the
discussion.
Jerry Miles addressed the Council and the Commission. He said that Fountain Hills has one of the
largest public art collections in the entire southwest with somewhere around 150 pieces with a
value in the multi-million dollars. The public art comes from donations of specific pieces,
donations of money and from the public art fund. The average amount of pieces acquired are
around ten pieces a year. Mr. Miles offered the committee's assistance to aid in any requests from
council. They will continue to get private donations. The Art Committee maintains a wishbook
and attends art shows, one of them in Loveland, Co, which is one of the largest. Mr. Miles said
original art is part of the criteria and the most desired.
Vice-Chairman Mikolajczyk asked if the committee ever considered incorporating murals, as
public art instead of hard piece stand alone art pieces.
Mr. Miles said there is a beautiful mural at the community center that is part of the art collection.
Anytime a mural is part of a building, the owner is required to participate in the decision.
Mayor Kavanagh said there is a large mosaic across from the medical center as part of their public
art requirement contribution.
Mr. Miles said the committee is open to any ideas as long as it's not"ticky tacky."
Councilmember DePorter pointed out that the public art guidelines currently include murals and
mosaics, limited edition or original art. He said he liked that one of the requirements is
accessibility to the public for a minimum of forty hours a week. It s clear the art committee is
entertaining all ideas. Is there anything the Planning and Zoning Commissioners suggest that is
not listed or covered?
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Chairman Archambault answered, we are only focusing on the ordinance not the funding or
donations. The art committee has done a wonderful job with donations. The Commission brought
this to the councils attention to ask council if they would like the Commission to revisit the
ordinance.
Councilmember DePorter asked if the idea of changing the 1% fee requirement is what is up for
discussion.
Chairman Archambault replied that it could be considered and any other suggestion. Chairman
Archambault suggested a maximum fee could be established or lower the 1% fee or perhaps build
a performing arts center.
Mr. Miles reminded the council and Commissioners that the agreement with the town is that the
public art committee acquires the pieces and donates them to the Town. The Town is responsible
for insurance and maintenance of the pieces.
Commissioner Dabrowski asked for the Public Art Committee, Council and Commissioners to
consider adding art pieces with an educational focus. She mentioned the STEM (Science,
technology engineering and math) program and adding art to the program to create (STEAM).
Commissioner Dabrowski said this would be one way of attracting young people and families to
Fountain Hills.
Mr. Miles said the committee works with the schools. He said it is important for young people to
be involved and to carry on the work of the committee and art awareness.
Mayor Kavanagh mentioned the Town's Art Walk Program and part of the program is written for
children which focuses on the Centennial Circle Art.
Commissioner Dabrowski asked for the consideration of earmarking a portion of the 1% for
children's art and perhaps using art pieces on loan from other programs or museums.
Mr. Miller said he would look to other communities for ideas and how they were able rotate and
obtain art on loan.
Councilmember Yates said that he is a supporter of the STEM and the STEAM programs. He
asked Mr. Miles if the ordinance is flexible enough to acquire what has been proposed this
evening.
Mr. Miles said it has been working well and would be open to any suggestions of change or
modification. He said that some developers would like to have a say where their 1% is spent.
Vice-Chairman Mikolajczyk congratulated Mr. Miles on the program and writing the ordinance.
Vice-Chairman Mikolajczyk said after looking at a few matters, over time a few practices and
polices get a little loose/lax. For example with the 1 % fee the art committee gets out ahead
negotiating with the developer and there are steps that involve the Planning Department at some
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point. Vice-Chairman Mikolajczyk asked Mr. Miles if he can assure that the procedures are being
followed correctly and as the ordinance is written.
Mr. Miles replied that Vice-Chairman Mikolajczyk is right and the committee may get ahead but
nothing takes place until the Council approves. It is pretty clear before anything gets acquired the
council has to approve and accept the piece.
Vice-Chairman Mikolajczyk asked, are there procedures to follow when meeting with the public
art committee along the process?
Grady Miller interjected that looking at the policy for tonight's meeting there isn't a specific order.
In meeting with the committee we identify future projects and ensure they are projects the Town
wants. The policy is written with some flexibility but the bottom line is staff signs off on the
public art requirement before any Certificate of Occupancy is issued.
Vice-Chairman Mikolajczyk asked if invoices or receipts are provided for the art purchased.
Mr. Miller said Mr. Rodgers receives proof of purchases which remains on file with the permit.
Mayor Kavanagh stated there are veteran builders who know the process. Sometimes they will go
to the art committee first but ultimately they go through the process.
Commissioner Jones asked who maintains the art work and if it is neglected what is the process to
41), resolve that situation.
Mr. Miles said if they see a problem with the art pieces they (the Art Committee) contact the
responsible party who owns the art and address it. The Committee does not hesitate to correct an
issue or concern.
Councilmember Leger pointed out that Mr. Miller said over the years there were some hiccups in
the process and the group has worked through them. Councilmenber Leger asked are there any
improvements that could be codified in the process and documents presented this evening.
Mr. Miller said although the process is 98% good, staff has an opportunity to review information,
modify and create a checklist for future use.
Mike Archambault concluded that there is no action needed by the Commission and staff will take
direction from Grady Miller.
AGENDA ITEM # 3 —DISCUSSION OF THE PARKING STANDARDS.
Marissa Moore, Senior Planner, gave a presentation regarding parking issues to be revisited by the
Commission and Council. Ms. Moore detailed parking standard opportunities listed in an Inter
Office Memo, ( attachment enclosed.)
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Councilmember Yates stated that Mexico City, the largest city in North America just dissolved their
parking ordinance. The popularity of Uber and similar transportation methods are changing
established parking models.
Mayor Kavanagh requested the RV parking policy be reviewed. She said it was brought to her
attention when a home owner sold their home because of a neighbor's RV parking situation.
Although the RV owner complied with the ordinance, their next door neighbor had an intrusive
view of the RV from their backyard. They were tired of looking at it so they moved. More
restrictive parking would protect surrounding neighbors from this sort of situation. Perhaps the
ordinance could be revisited to become more restrictive regarding RV storage on residential
properties.
Councilmember Magazine asked if the shared parking works everywhere in Town. He explained
the reason he asked was because of the recent growth and projects in Town such as: the
Copperwynd expansion, winter resident influx during certain months of the year, Park Place
parking reduction by 20 % fewer and other projects that would include use of parking.
Councilmember Magazine expressed concern about the lack of parking that could potentially effect
downtown.
Ms. Moore stated it would not be applicable throughout the town especially in residential areas.
Usually the reduction of shared parking is applicable to mixed use areas like the downtown area.
Public parking spaces are taken into consideration. Those spaces are available all day, every day.
Having public spaces available can increase walkability.
Commissioner Dempster said she works with the NPOA which has similar guidelines for RV
parking. It would be great if the Town and the NPOA work together regarding any revisision made
to RV parking guidelines. Commissioner Dempster asked how is the increase of uber, lyft and
public transportation use measured in Fountain Hills.
Ms Moore replied the Town could utilize research information available from uber and other
planning and traffic study entities. These studies would be a starting point but cost could become a
factor.
Commissioner Hansen asked if shared parking would impact handicap , ADA (The Americans with
Disabilities Act) spaces.
Ms. Moore replied possibly but not in a bad way. We would take into consideration usage, amount
and space separation. In any case, the ADA standards must be met.
Councilmember DePorter commented that we all have seen the heat island parking lots next to
buildings when the businesses' footprint could be larger instead of the parking stalls. If we elimate
a standard what would we use? Would the developer be responsible?
Ms. Moore said that eliminating parking spaces is used in areas that have mass transportation which
we don't have. Usually a project submits their parking strategy along with their plans. The Town
has the decision to approve or disapprove the parking plan ultimately.
Commissioner Dabrowski asked if the Town takes on more of the parking spaces, does the Town
assume more of the liability of those spaces. How would the Town enforce the shared parking fee?
Ms. Moore said that would be part of the development plan that would be negotiated in how many
spaces they want to use. They would pay in-lieu for so many spaces and once a certain limit was
reached they would pay for spaces on site. We utilize research from other communities to know
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what works. The town takes on the liability just as we are taking on the fee which is less than what
it would cost them to build parking. This would be tracked so that the same parking space is not
being counted for five different businesses.
Councilmember Leger asked if there are any statistics regarding uber and lyft usage in Fountain
Hills. He said he looks forward to what staff can obtain and present in the future.
Ms. Moore replied that the town did not have any information from these companies.
The Mayor commented that uber and lyft are in the market to make money. In the past it would
take about fifteen minutes to get a ride and now it's reduced to seven minutes. That just shows how
much opportunity there is in Fountain Hills.
Chairman Archambault said RV's and parking has always been a issue in this town. He confirmed
that these issues need to be reviewed.
Commissioner Jones asked if the urban land institute parking model showed any downside to the
model.
Ms. Moore said that the research behind the study is extensive and it's a fine line to find a happy
medium.
Councilmember Tolis asked if Plat 208 parking can charge fees for special event parking.
Ms. Moore said that Plat 208 is privately owned and they can charge for parking and even restrict
access.
Councilmember DePorter suggested that perhaps backyard parked RV's could be restricted to the
Co, same setback requirements used for other structures.
AGENDA ITEM # 4—ADJOURNMENT.
Chairman Archambault adjourned the meeting at 6:46 p.m.
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
September 28, 2017
Chairman Archambault opened the regular meeting of the Planning and Zoning Commission at
6:46 p.m. followed by the Pledge of Allegiance and a moment of silence.
Present for the meeting were the following members of the Fountain Hills Planning and Zoning
Commission: Chairman Mike Archambault, Vice-Chairman Gene Mikolajczyk Commissioner
Susan Dempster, Commissioner Erik Hansen, Commissioner Amberleigh Dabrowski and
Commissioner Howie Jones. Also present were Director of Development Services Robert
Rodgers, Senior Planner Marissa Moore, and Executive Assistant and Recorder of the Minutes
Paula Woodward.
ROLL CALL:
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Chairman Mike Archambault present
Vice-Chairman Gene Mikolajczyk present
Commissioner Susan Dempster present
Commissioner Erik Hansen present
Commissioner Amberleigh Dabrowski present
Commissioner Howie Jones present
Commissioner Rodger Owers absent
CALL TO THE PUBLIC
REGULAR AGENDA
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE PLANNING AND
ZONING COMMISSION REGULAR MEETING MINUTES FROM AUGUST 24, 2017.
Vice-Chairman Mikolajczyk MOVED to approve the meeting minutes from the August 24, 2017,
Planning and Zoning Commission Meeting, as presented. Commissioner Jones SECONDED. A
roll call vote was taken and the MOTION CARRIED 6-0.
Chairman Mike Archambault aye
Vice-Chairman Gene Mikolajczyk aye
Commissioner Susan Dempster aye
Commissioner Erik Hansen aye
Commissioner Amberleigh Dabrowski aye
Commissioner Howie Jones aye
AGENDA ITEM #2 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF
REGARDING THE JOINT SESSION.
Chairman Archambault expressed the need to put a committee together to work with staff regarding
the parking ordinances. Chairman Archambault appointed Commissioners Hansen, Dempster and
Vice-Chairman Mikolajczyk to the committee.
Vice-Chairman Mikolajczyk thanked Chairman Mike Archambault for his service on the Planning
and Zoning Commission and his service to the Town.
AGENDA ITEM#3 —ADJOURNMENT.
Commissioner Jones MOVED to adjourn and Vice-Chairman Mikolajczyk SECONDED the
MOTION. The MOTION CARRIED (6-0), by those present.
Chairman Mike Archambault aye
Vice-Chairman Gene Mikolajczyk aye
Commissioner Susan Dempster aye
Commissioner Erik Hansen aye
Commissioner Amberleigh Dabrowski aye
Commissioner Howie Jones aye
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,
The meeting ADJOURNED at 6:52 p.m.
FOUNTAIN HILLS PLANNING & ZONING COMMISSION
BY: ATTEST: 6U - L3 M4 1,J
Planning&Zoning Commission Chairman Paula Woodward, Recorder of the Minutes
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
meeting of the Fountain Hills Planning and Zoning Commission's joint session with Town
Council and the regular Planning and Zoning Commission meeting held in the Town Council
Chambers on the 28th day of September 2017. I further certify that the meeting was duly called
and that a quorum was present.
Dated this 2nd day of October 2017 LPGitteet, tdeb-hjseul
Paula Woodward , Recorder of the Minutes
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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
A a aspects of the ordinance that the
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Council and/or Commission feel may need to be considered for amendments,
if any.
i firP M itof/)\ rivrt-AHDP1
TOWN OF FOUNTAIN HILLS
k°JYT1 '<C
Development Services Department
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that is my
INTER OFFICE MEMO
TO: Bob Rodgers, Development Services
Director DATE: September 28, 2017
FR: Marissa Moore, AICP,L-O
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 Mika (,tyl6'
a. In Chapter 18 Town Center Commercial District, a shared parking model is
provided. However, this model truly only applies to parking requirements within 0440
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. 9'
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
�N structure. Excessive requirements promote vehicular traffic which worsens air
01(0) pollution, degrades urban design by reducing land for business development (as
Q 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
1 development. Those spots could also be used for shared parking. In some
1
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.
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