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Home My WebLink AboutPZ.2015.1008.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION October 8,2015 Development Services Director Paul Mood opened the meeting at 6:30 p.m. The following Commissioners were present: Michael Archambault, Jeremy Strohan, Eugene Mikolajczyk, Stan Connick, Howie Jones, Susan Dempster and Roger Owers. Also in attendance were Director of Development Services Paul Mood,and Executive Assistant and Recorder of the minutes Paula Woodward. Director Mood and Commissioner Archambault requested participation in the Pledge of Allegiance and a moment of silent reflection. ROLL CALL: Commissioner Archambault Present Commissioner Connick Present Commissioner Dempster Present Commissioner Jones Present Commissioner Mikolajczyk Present Commissioner Owers Present Commissioner Strohan Present CALL TO THE PUBLIC No one wished to speak. CONSENT AGENDA AGENDA ITEM #1 — NOMINATION AND ELECTION OF A CHAIRMAN AND VICE- CHAIRMAN FOR A ONE (1)YEAR TERM. Director Mood asked for nominations for the Planning and Zoning Commission Chairman. Commissioner Mikolajczyk nominated Commissioner Archambault for the Planning and Zoning Commission Chairman. Commissioner Jones SECONDED the NOMINATION and a voice vote was taken. Commissioner Archambault was unanimously approved and Commissioner Archambault was appointed to the position of Chairman. Chairman Archambault's term will begin on Thursday, October 8, 2015 and expire on Friday, September 30,2016. Chairman Archambault asked for vice-chairman nominations. Chairman Archambault nominated Commissioner Mikolajczyk for the Planning and Zoning Commission Vice Chairman. Commissioner Jones SECONDED the NOMINATION and a voice vote was taken. Commissioner Mikolajczyk was unanimously approved and Commissioner Mikolajczyk was appointed to the position of Vice Chairman. Vice Chairman Mikolajczyk's term will begin on Thursday, October 8, 2015 and expire on Friday, September 30,2016. Page 1 of 4 AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF THE PLANNING& ZONING COMMISSION DATED July 23,2015. Commissioner Mikolajczyk MOVED to APPROVE the consent agenda as listed. Commissioner Jones SECONDED. A roll call was taken and the MOTION CARRIED (6 ayes and 1 abstained), by those present. Commissioner Owers abstained because he was not present at the July 23,2015 meeting. Chairman Archambault Aye Commissioner Connick Aye Commissioner Dempster Aye Commissioner Jones Aye Vice-Chairman Mikolajczyk Aye Commissioner Owers Abstained Commissioner Strohan Aye Chairman Archambault asked for the call to the public. Recorder Paula Woodward stated,Mr. Chris Denny asked to address the commission. Mr.Denny stated he was at the meeting to give his comments about agenda item#3. AGENDA ITEM #3 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW THE INSTALLATION OF A 25' TALL GOLF NET AT 17008 E.JACKLIN DRIVE. (APN-176-08-738).CASE NUMBER SU2015-14. car Chairman Archambault opened the Public Hearing at 6:36 p.m. Director Mood gave a PowerPoint presentation regarding the request to install a 25' tall golf net. Director Mood stated a construction worker at this address was hit in the head with a golf ball. Director Mood stated that staff recommends the Planning and Zoning Commission forward recommendations to approve the Special Use Permit subject to the stipulations in the staff report. Chairman Archambault requested that the applicant wishing to make a comment address the Commission. Applicant Chris Denny stated he is one of the property owners and the general contractor. Mr.Denny said Director Mood's presentation adequately presents the case for needing a golf net. Mr. Denny said his concerns were for safety and that recently a worker was injured in the head by a golf ball. Mr. Denny said he picks up over half a dozen golf balls from the site daily. In response to Vice Chairman Mikolajczyk, Mr. Denny stated a neighbor had to re-roof his home because of golf ball damage and another neighbor's house was damaged from golf balls. Mr. Denny brought a letter from the Golf International President cautioning Mr. Denny about constructing a house because of the golf balls.Mr. Denny thanked the commissioners. Chairman Archambault asked if there was anyone else who would like to speak . Ms.Woodward said there are no speakers. Chairman Archambault closed the Public Hearing at 6:41 p.m. Director Mood stated there is someone who would like to speak but did not fill out a speaker card. Chairman Archambault re-opened the hearing at 6:42 p.m. as the speaker filled out a speaker card. Page 2 of 4 Chre Mr.Ken Lamb addressed the commissioners to say he is not in favor of the golf net. He has lived at his property for 20 years. He stated that stray golf balls are part of living on a golf course and come with the territory. Chairman Archambault closed the hearing at 6:44 p.m. AGENDA ITEM#4—CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO ALLOW THE INSTALLATION OF A 25' TALL GOLF NET AT 17008 E. JACKLIN DRIVE. (APN-176-08-738).CASE NUMBER SU2015-14. Commissioner Connick stated he agreed with the last speaker however since this is a life safety issue he is in favor of this request. In response to Commissioner Owers,Mr. Denny stated there is not enough room and time to get trees to grow high enough. Mr.Denny said he researched the use of trees as a natural net and found out trees are eighty-five percent air thus not solid enough to block the amount of golf balls hit onto his property.The tree located in the back portion of the property occasionally will block a golf ball but a lot go through the tree. The person struck in the head recently was working behind the tree.The balls are coming into the property on a line drive which is a safety concern.There is no time to get out of the way. From an expense stand point Mr.Denny stated he did not want to install the golf net but unless he does the future structure will be continually damaged and the yard would never be safe to use. Commissioner Jones asked,do golfers"play through"on your property? ® Mr.Denny stated golfers"play through"on his lot. Usually from 6:00 a.m.to 9:30 a.m. Commissioner Dempster asked,how do you determine the height of the net? Director Mood stated per the zoning ordinance,the maximum net height is twenty-five feet. Mr. Denny said he had consultants come out and review the golf course layout, location of Mr. Denny's lot,and the height of golf shots at the house.Mr. Denny said there are two heights suggested; sixteen feet and twenty-five feet. Most nets in town are twenty-five feet. Chairman Archambault stated he is in favor of the net. Chairman Archambault asked for a motion. Commissioner Jones made a MOTION to forward the recommendation to the Town Council to approve the Special Use Permit to allow the installation of a 25' tall Golf net at 17008 E. Jacklin Drive. Vice- Chairman Mikolajczyk SECONDED and the MOTION CARRIED UNANIMOUSLY(7-0). Chairman Archambault Aye Commissioner Connick Aye Commissioner Dempster Aye Commissioner Jones Aye Vice-Chairman Mikolajczyk Aye Commissioner Owers Aye Commissioner Strohan Aye (10 Page 3 of 4 AGENDA ITEM#5-SUMMARY OF COMMISSION REQUESTS FROM SENIOR PLANNER. None AGENDA ITEM #6 - REPORT FROM SENIOR PLANNER AND ZONING ADMINISTRATOR. PLANNING AND ZONING DIVISION OF DEVELOPMENT SERVICES. None AGENDA ITEM#7-ADJOURNMENT. Vice Chairman Mikolajczyk MOVED to adjourn the meeting at 6:57 p.m. and Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY(7-0). Chairman Archambault Aye Commissioner Connick Aye Commissioner Dempster Aye Commissioner Jones Aye Vice-Chairman Mikolajczyk Aye Commissioner Owers Aye Commissioner Strohan Aye The meeting ADJOURNED at 6:57 p.m. FOUNTAIN HILLS PLANNING&ZONING COMMISSION BY: i7L&' hairman Michael Archambault ATTEST:P44Qa/ l 'w1 Paula Woodward,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 8th day of October 2015, in the Town Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. I further certify that the meeting was duly called and that a quorum was present. Dated this 12th day of October 2015. Pa, . LJarkowU Paula Woodward,Executive Assistant tire Page 4 of 4