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Home My WebLink AboutPZ.2013.0314.Agenda 1 ,.AIN k ,, ----. It POST AGENDA Z REGULAR MEETING NOTICE ity. o , - ) e 9jj '-... ...., 2. OF THE that is AO' PLANNING AND ZONING COMMISSION Commission Members: Chairman Lloyd Pew and Vice-Chairman Angela Strohan Commissioners:Richard Turner,Stan Connick,Mike Archambault, Eugene Slechta and Steven Harris Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Fountain Hills Planning and Zoning Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular meeting, which is open to the general public, on March 14, 2013, at 6.•30 p.m. in the Town Hall Council Chambers at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona. TIME: 6:30 P.M. —REGULAR SESSION WHEN: THURSDAY,MARCH 14,2013 WHERE: TOWN HALL COUNCIL CHAMBERS 16705 E.AVENUE OF THE FOUNTAINS `Mr PROCEDURE FOR ADDRESSING THE PLANNING& ZONING COMMISSION Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Secretary prior to Commission discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Secretary's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Secretary or the Chairman. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not allowed. Please be respectful when making your comments. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or(ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue prior to the beginning of the Public Hearing and the Consideration of said issue. Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by (i) discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Commission at Meeting or(iii) the Chairman either prior to or during a Meeting. If you do not comply with these rules,you will be asked to leave. Planning and Zoning Commission Agenda Page 1 of 3 POST AGENDA REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE-Chairman Lloyd Pew @ 6:30 pm * MOMENT OF REFLECTION-Chairman Lloyd Pew * ROLL CALL—Chairman Lloyd Pew CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted(not required)on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during"Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Commission members may(i) respond to criticism, (ii)ask staff to review a matter or(iii)ask that the matter be placed on a future Commission agenda. (1) CONSIDERATION of APPROVING the Joint Session meeting minutes with the Planning and Zoning Commission and Town Council on February 14,2013. APPROVED (2) PUBLIC HEARING of ORDINANCE #2013-03,an amendment to Chapter 6, Section 6.08—Signs,of the Zoning Ordinance. If adopted,the amendment would revise the circumstances under which promotional banners may be used by businesses. NO ACTION (3) CONSIDERATION of ORDINANCE#2013-03,an amendment to Chapter 6, Section 6.08—Signs,of the Zoning Ordinance. If adopted,the amendment would revise the circumstances under which promotional banners may be used by businesses. PASSED 3-1 -Aye Vote Commissioners Archambault, Connick, & Pew- Nay Vote Commissioner Slechta (4) DISCUSSION with possible direction to staff regarding INITIATING either the revision or deletion of Section 3.08.H of the Fountain Hills Subdivision Ordinance. In addition to the underlying zoning requirements, Section 3.08.H currently imposes additional lot width and area requirements so that lots must remain within 90%of the average of surrounding properties when lot dimensions are altered or lots are re-platted. Initiated 4-0 (5) COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Items listed below are related only to the propriety of(i)placing such items on a future agenda for action or(ii) directing staff to conduct further research and report back to the commission: None (6) SUMMARY OF COMMISSION REQUESTS from Senior Planner. Schedule on future agenda Item #4, as imitated. 41(7) REPORT from Senior Planner, Planning and Zoning Division of Development Services. NO ACTION Planning and Zoning Commission Agenda Page 2 of 3 POST AGENDA (8) ADJOURNMENT @6:57 pm Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in the Planning&Zoning Division of the Development Services Department. DATED this 5th day of March 2013 By: Rob, Rodgers, Senior Planner Pl.nning and Zoning Division The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. Notice is hereby given that pursuant to A.R.S. §1-602.A.9 , subject to certain specified statutory exceptions,parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the 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." Planning and Zoning Commission Agenda Page 3 of 3 O��yTAINI�j� REGULAR MEETING NOTICE 0 _ 0. • OF THE hat is Av.`1,0 PLANNING AND ZONING COMMISSION Commission Members: Chairman Lloyd Pew and Vice-Chairman Angela Strohan Commissioners:Richard Turner, Stan Connick,Mike Archambault,Eugene Slechta and Steven Harris Pursuant to A.RS 38-431.02, notice is hereby given to the members of the Fountain Hills Planning and Zoning Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular meeting, which is open to the general public, on March 14, 2013, at 6:30p.m. in the Town Hall Council Chambers at 16705 E.Avenue of the Fountains, Fountain Hills,Arizona. TIME: 6:30 P.M. —REGULAR SESSION WHEN: THURSDAY,MARCH 14,2013 WHERE: TOWN HALL COUNCIL CHAMBERS 16705 E.AVENUE OF THE FOUNTAINS PROCEDURE FOR ADDRESSING THE PLANNING&ZONING COMMISSION Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Secretary prior to Commission discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Secretary's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Secretary or the Chairman. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not allowed Please be respectful when making your comments. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not(i) reserve a portion of their time for a later time or(ii) transfer any portion of their time to another speaker. If there is a Public Hearing,please submit the speaker card to speak to that issue prior to the beginning of the Public Hearing and the Consideration of said issue. Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by (i) discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Commission at Meeting or(iii) the Chairman either prior to or during a Meeting. If you do not comply with these rules,you will be asked to leave. Planning and Zoning Commission Agenda Page 1 of 3 REGULAR SESSION Lrr► * CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Lloyd Pew * MOMENT OF REFLECTION—Chairman Lloyd Pew * ROLL CALL—Chairman Lloyd Pew CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted(not required)on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during"Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Commission members may(i) respond to criticism, (ii)ask staff to review a matter or(iii) ask that the matter be placed on a future Commission agenda. (1) CONSIDERATION of APPROVING the Joint Session meeting minutes with the Planning and Zoning Commission and Town Council on February 14,2013. (2) PUBLIC HEARING of ORDINANCE#2013-03, an amendment to Chapter 6, Section 6.08—Signs,of the Zoning Ordinance. If adopted,the amendment would revise the circumstances under which promotional banners cor may be used by businesses. (3) CONSIDERATION of ORDINANCE#2013-03, an amendment to Chapter 6, Section 6.08—Signs,of the Zoning Ordinance. If adopted,the amendment would revise the circumstances under which promotional banners may be used by businesses. (4) DISCUSSION with possible direction to staff regarding INITIATING either the revision or deletion of Section 3.08.H of the Fountain Hills Subdivision Ordinance. In addition to the underlying zoning requirements, Section 3.08.H currently imposes additional lot width and area requirements so that lots must remain within 90%of the average of surrounding properties when lot dimensions are altered or lots are re-platted. (5) COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Items listed below are related only to the propriety of(i)placing such items on a future agenda for action or(ii) directing staff to conduct further research and report back to the commission: (6) SUMMARY OF COMMISSION REQUESTS from Senior Planner. (7) REPORT from Senior Planner, Planning and Zoning Division of Development Services. (8) ADJOURNMENT Planning and Zoning Commission Agenda Page 2 of 3 Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in the Planning&Zoning Division of the Development Services Departme DATED this 5th day of March 2013 By: Ro rt Rodgers, Senior Planner anning and Zoning Division The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions,parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the 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." L Planning and Zoning Commission Agenda Page 3 of 3 zAiN TOWN OF FOUNTAIN HILLS O1 �jl co tz 3 n X Planning and Zoning ° Board of Adjustment y/, Oro (`��batismo' AGENDA ACTION FORM Meeting Date: March 14, 2013 Meeting Type: Regular Agenda Type: Regular Submitting Department: Planning &Zoning Staff Contact Information: N/A REQUEST TO COMMISSION: Consideration of approving the Planning and Zoning Commission Regular Session meeting minutes from February 14, 2013. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): Approval of the Planning and Zoning Commission Regular Session meeting minutes from February 14, 2013. 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 and Zoning Commission Regular Session meeting minutes dated February 14, 2013, as presented. Attachment(s): Submitted by: Zwiee ecater March 5, 2013 Name/Title Date Approved by: March 5,2013 Robert Rodgers, Senior Planner Date Page 1 of 1 avt TOWN OF FOUNTAIN HILLS 040 n n X Planning and Zoning Board of Adjustment rbAt�.....AO' oo AGENDA ACTION FORM Meeting Date: March 14,2013 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Senior Planner,480-816-5138, rrodgers@fh.az.gov REQUEST TO PLANNING &ZONING COMMISSION: PUBLIC HEARING of ORDINANCE #13-03, an amendment to Chapter 6, SECTION 6.08 — Signs, of the Zoning Ordinance. If adopted, the amendment would revise the circumstances under which promotional banners may be used by businesses. CONSIDERATION of ORDINANCE #13-03, an amendment to Chapter 6, SECTION 6.08 — Signs, of the Zoning Ordinance. If adopted, the amendment would revise the circumstances under which promotional banners may be used by businesses. Applicant: Town of Fountain Hills Applicant Contact Information: Robert Rodgers, Senior Planner (480) 816-5138 rrodgers@fh.az.gov Property Location: Town-Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance— Chapter 6 Signs Staff Summary (background): The Town Council indicated their desire to amend the Sign Ordinance to allow businesses to erect promotional banners without the requirement that they be tied to outdoor event activities. Town Council initiated the amendment on February 7, 2013. This proposed amendment will provide for businesses to erect promotional banners for up to 14 days per calendar month (in 7-day minimum increments) subject to staff review and approval. The requirement that some outdoor event activity also be present has been eliminated. Risk Analysis (options or alternatives with implications): NA Fiscal Impact(initial and ongoing costs; budget status): NA Staff Recommendation(s): Staff recommends that the Planning & Zoning Commission forward a recommendation to the Town Council to approve the proposed zoning amendment as presented. Page 1 of 7 SUGGESTED MOTION: love to forward a recommendation to approve the amendment to Chapter 6, SECTION 6.08 — Signs, of the Zoning Ordinance as presented. Attachment(s): 1. 2/7/2013 Town Council Meeting Minutes 2. Draft Ordinance #13-03 Submitted by: i 12o6ert Rodgers 1 3/5/13 Robert Rodgers, Senior Planner Date Approved by: P ...../ /4.-/ 3/0-3 Develo ment Services Director Date it S TOWN OF FOUNTAIN HILLS 41) MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 7,2013 AGENDA ITEM #11 - CONSIDERATION OF INITIATING AN AMENDMENT TO CHAPTER 6, SECTION 6.08 - SIGNS, OF THE ZONING ORDINANCE. IF ADOPTED, THE AMENDMENT WOULD REVISE THE CIRCUMSTANCES UNDER WHICH PROMOTIONAL BANNERS MAY BE USED BY BUSINESSES. Deputy Town Manager/Finance Director Julie Ghetti addressed the Council and stated that staff was asked to come back and provide the Council some clarification on Section 6 of the Zoning Ordinance as it relates to banners. She noted that staff would be Bob Rodgers and Paul Mood who are both sick so Town Attorney Andrew McGuire will provide an update on this agenda item. Mr. McGuire stated that this is the embodiment of trying to make this Section as clear as possible. He said that the text is mostly the same in the areas that were not specifically clear before but he decided that while they were cleaning it up they should make it actually read better as well. He noted that if this meets with the understanding of the Council then staff will forward it on to Planning & Zoning, go through the public hearing process and bring it back before the Council in April (an ordinance to adopt the change). Vice Mayor Elkie referred to Section D(c) on the first page of the packet and asked Mr. McGuire to define "on a periodic basic with advanced notification to Town." Mr. McGuire advised that the staff had a process by which permits were not necessarily issued for this type of sign but notification of when these events were going to happen was required. He said that "on a periodic basis" as the best language he could come up with in trying to figure out the two 7-day periods that were possible 'IlEach month. He added that they weren't certain whether it would be every month -- they could do it three times a year. Vice Mayor Elkie commented that "on a periodic basis" could probably be read ten different ways but he can understand the difficulty in coming up with the language. He suggested taking out the words "on a periodic basis" and leaving it up to the business owners to come to the Town with advance notification for not more than two periods of seven consecutive days per month. He said as far as the advanced notification to the Town, it is his understanding that if there was a banner that had to be attached to a building some approval was needed for safety purposes and that sort of thing. He asked how that reads into advanced notification to the Town and whether there is an application or something that needs to be submitted by the businesses so the Town knows what it is and when it is going to occur. Mr. McGuire stated that administratively that is really what it turns out to be. He added that it is not necessarily an application like they might have for a sign permit but it contains a lot of the same information. He said that he thinks Mr. Rodgers does them by e-mail. He further stated that to distinguish it from 1(a), which is the one time basis, do they want to perhaps say recurring because he wants to make sure that they have a distinction between the long term one time banner and the recurring (as many times as they want within a seven-day period). Mayor Kavanagh said Mr. McGuire mentioned business community but a banner could be requested by someone other than a member of the business community(a group, etc.). C Mr. McGuire replied that if it is not advertising for the purpose of an event and it's not a commercial business or a church or a group -- if it is just a person wanting to have the sign up -- that is not covered by this code. He tided that this just pertains to those commercial entities or non profits that would be covered by this. Mayor Kavanagh stated that it will cover churches and all that as well and Mr. McGuire concurred. Vice Mayor Elkie referred to Section D(1)(b) which deals with a church for up to 30 consecutive days for the purpose of promoting a program or event. He asked if that is 30 consecutive days one time a year. Mr. McGuire responded advised that this is the current language in the code and when they talked about it before there didn't seem to be any consensus or direction from the Council to modify that provision. He added that it really is unlimited with respect to churches as far as the code has been interpreted. Vice Mayor Elkie commented that a church could have it up for 30 days take it down for one day and then put it up for another 30 days and Mr. McGuire said that is a possibility. He added that he doesn't believe that that has been a concern as far as enforcement over the years. The Vice Mayor reiterated his request that the language regarding advance notification to the Town be clarified because he knows that could be in the form of an e-mail and he wants to make it as easy and straight forward as possible. He said that Mr. Rodgers would probably be the best person to answer that question unless Ms. Ghetti knows how that works. Ms. Ghetti informed the Council that staff met and discussed that today and the notification is to allow for the businesses to come in with their banner and there is a requirement that they have to show where the sign will be placed and then staff has to put that into the system so that the clock starts ticking on those seven days. She ded that they determine for no longer than a year so they could come in and apply once for the whole year but at would be the maximum. Councilmember Hansen pointed out that the concerns are addressed in the chart that was provided where it says the type of event and sign type. She said that the language in that is very clear and indicates that a formal permit process is not necessary. Ms. Linda Bordow had submitted a speaker card but withdrew her request due to the fact that her question was answered during the discussion. Councilmember Leger stated that it is his understanding that C will be changed from "periodic" to "reoccurring" and Mr. McGuire advised that that would be his recommendation in order to distinguish it from Section 1(a). Councilmember Leger said that he is comfortable with that and also pointed out that with respect to not seeing this again, there is a Sunset Clause included so it looks as though they will be taking a look at this around Christmas time in 2014 and Mr. McGuire confirmed that Councilmember Leger was correct. Councilmember Yates MOVED to move this forward to Planning & Zoning for their review and Councilmember Brown SECONDED the motion, which CARRIED by majority vote (6-1) with Councilmember Dickey voting Nay. ORDINANCE NO. 13-03 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, RELATING TO SIGN REGULATIONS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Fountain Hills Zoning Ordinance, Chapter 6, (Sign Regulations), Section 6.08 (Signs Allowed or Required), Subsection D (relating to event banners, balloons and pennants) is hereby deleted in its entirety and replaced with the following: D. Banners,Balloons and Pennants are allowed as follows: 1. Time limitations: a. On a one-time basis for a maximum of thirty (30) consecutive days during the grand opening of a business, a Chamber of Commerce sponsored ribbon cutting, a change in ownership,change in management or change of business name. b. For a church for up to thirty (30) consecutive days for the purpose of promoting a program or event. 41) c. On a recurring basis with advance notification to the Town for not more than two periods of seven (7) consecutive days per month. The provisions of this paragraph 6.08(D)shall expire on December 31,2014. 2. Number/Size limitations: a. Not more than one banner shall be allowed per business. b. Maximum banner sign area is thirty-two(32)square feet. c. Total sign area, including permanent signs, pennants and banner signs shall not exceed 200%of the permitted sign area. d. No balloon may be larger than twenty-four(24)inches in diameter. 3. Location limitations: a. Banners,balloons or pennants shall be located on the business storefront or within the area leased by the business. Balloons otherwise located shall be not less than four(4) feet from the face of the building and within twenty (20) feet of the main building entrance. • b. Banners, balloons or pennants shall not be displayed in the required perimeter street landscaping. c. Banners,balloons or pennants shall not obscure building address numbers. d. Banners,balloons or pennants shall not encroach within onsite fire lanes. e. Banners, balloons or pennants shall not be attached or hung on or from a tree or shrub. f. Balloons shall not be flown higher than six(6)feet from the ground. g. Banners,balloons and pennants shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, nor at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal,sign or device. 4. Banners, balloons or pennants shall not be designed to depict any product or service that cannot legally be provided in the Town. 5. Banners,balloons orpennants shall be professionallymanufactured. TYPE OF EVENT SIGN TYPE Banners Balloons & Pennants Banners,Pennants & Balloons 1. 12 Hrs during one Grand Opening 30 Days w/Permit Day Event 2. No Permit Necessary 1. 12 Hrs during one Chamber Ribbon Cutting 30 Days w/Permit Day Event 2. No Permit Necessary Change of Business Name, 1. 12 Hrs during one Owner or Management 30 Days w/Permit Day Event 2. No Permit Necessary Church Event 30 Days w/permit 1. Permit Required - Two periods of seven (7) consecutive days per Any Type of Event or month Promotion -No Permit Necessary - Town Notification Required* *Town notification: 1. Outdoor Events/Promotions. Prior to the event or promotion, the organizer must submit for review the following: a. A siteplan, showing locations for outdoor activities, includingtables, displays or other items intended to be displayed outside. b. A description of the size,material and location on the building for any banner to be used. c. The dates and times the banner and outdoor items will be displayed. d. The name,address, and phone number of the organizer. 2. Indoor Events/Promotions. Prior to the event or promotion, the organizer must submit for review the following: a. A description of the size,material and location on the building for any banner to be used. b. The dates and times the banner will be displayed. c. The name,address, and phone number of the organizer. SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason to be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 3. The Mayor,the Town Manager,the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, 2013. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney C JtylAINyrt TOWN OF FOUNTAIN HILLS \ Planning and Zoning 3 � Board of Adjustment that is NO' AGENDA ACTION FORM Meeting Date: March 14, 2013 Agenda Type: Discussion Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Senior Planner,480-816-5138, rrodgers a(�fh.az.gov REQUEST TO PLANNING &ZONING COMMISSION: DISCUSSION with possible direction to staff regarding INITIATING either the revision or deletion of Section 3.08.H of the Fountain Hills Subdivision Ordinance. In addition to the underlying zoning requirements, Section 3.08.H currently imposes additional lot width and area requirements so that lots must remain within 90% of the average of surrounding properties when lot dimensions are altered or lots are re-platted. Applicant: Planning & Zoning Commission Chairman `,pplicant Contact Information: Development Services Department Property Location: NA Related Ordinance, Policy or Guiding Principle: Fountain Hills Subdivision Ordinance Section 3.08.H Staff Summary (background): At the regular Planning &Zoning Commission meeting of February 14, 2013, Chairman Pew requested this item be placed on a future agenda for discussion and possible direction to staff. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Staff Recommendation(s): NA SUGGESTED MOTION: NA—This item is for discussion only. Attachment(s): 1. Fountain Hills Subdivision Ordinance—Section 3.08 2. Fountain Hills Subdivision Ordinance— Exhibits 19 -22 Submitted by: Approved Robert Rodgers 3/5/2013 3/57/3 Name/Title Date Develop ent Services Director Date Page I of 6 Subdivision Ordinance - Article 3 UBDIVISION DESIGN PRINCIPLES AND STANDARDS Section 3.08 Lot Planning A. Lot width and area shall comply with the minimum requirements of the Zoning Ordinance, including subsection H. below, and shall be appropriate for the location and character of development proposed and for the type and extent of street and utility improvements being installed. In general, urban densities must have urban street and utility improvements. The term "urban improvements" is interpreted to mean paved and curbed streets, sidewalks, local storm drainage system, public water supply, fire protection and public sanitary sewerage. Street lights may be required at the direction of the Town Council. Where steep topography (exceeding 10 percent), unusual soil conditions, drainage problems, abrupt changes in land use or heavy traffic on adjacent streets or any other condition exists or can be shown to occur that would not allow a lot to be buildable without some variance or waiver, the Town Council may deny the creation of the lot. B. All proposed lots must be developable without the need of a variance, waiver or any further discretionary approvals from the Town. Prior to final plat approval the Town may require additional documentation, including but not limited to engineered concept site plans, for lots with questionable developability. C. All lot depths shall be at least 95 feet and the depth-to-width ratio of the usable area of the lot not greater than three to one (See Exhibit 19). All lots shall have frontage as required by the appropriate zoning district on a fully dedicated, accepted 'nd improved public street that meets all Town requirements unless otherwise approved through a Planned Unit Development (See Exhibit 19). E. Side lot lines shall be substantially at right angles or radial to street lines, except where other treatment may be justified in the opinion of the Town Council (See Exhibit 20). F. Through lots shall not be permitted. An undevelopable tract of land, at a minimum depth equal to at least 20 feet or the street-side yard setback requirement of the zoning district within which the subdivision is located, shall be shown on the final plat between the rear and street side lot line(s) of all lot(s) and the abutting street right-of-way (See Exhibit 21). In subdivisions where all of the lots are at least 18,000 square feet in size and are not graded with the subdivision improvements, a no-build or other comparable easement may be platted, at the Town's discretion, instead of the separate tract of land. G. Single residential lots on curvilinear streets shall have rear lot lines consisting of a series of straight lines with points of deflection occurring only at the junction of side and rear lot lines unless otherwise approved. Curvilinear rear lot lines with a minimum radius of 800 feet will be permitted (See Exhibit 22). H. In addition to meeting the minimum lot width and lot area regulations of the Zoning Ordinance, any proposed single-family zoned lot shall have a lot width and lot size that is consistent with the lot widths and lot sizes of existing platted lots in the immediate vicinity. Lot width consistency shall mean that no lot shall be created having less than ninety (90) percent of the lot width of the average of all platted lots in the same zoning district that are located within 800 feet of the proposed lot. Lot size consistency shall mean that no lot shall be created having less than ninety (90) percent of the lot size of the average of all -+tatted lots in the same zoning district that are located within 800 feet of the proposed lot. Exhibit 19 Lir LOT DESIGN (DEPTH &WIDTH RATIO AND LOT ACCESS) THE DEPTH-TO-i4f0TH RA no co- THE USABLE AREA OF THE LOT SHALL BE LESS THAN THREE (3) TO AVE(I). ILLUSTRA770N #1 REAR 511 4C7(LINE i-- ),..-, 1 -:..,.:...•.:I 1-••- ...I:..--.i 1 \.*I-..‘ '.-%:. 1 .''.: ' '.-' 1 .... :-.:1- . „-.__?.1 . ...,....1,-.1L.: .-0- d ii Ai#14-- :.:1019"74 -----'k- r -thai 23.7171r- . ILLUSTRA770N /2 PARCELS IN REAR I03 NOTE: EVERY LOT SHALL HAVE- (lig'w WHICIAAR EASEMENTS TO tx._.1f....H REAR PARCELS DO NOT ClUALIF4"AS LEGAL "PONTA FRONTAGE ON A FULLY OWICA TED AND ACCEPTED PUBLIC STREET MEETING ALL 0 r0 . . D row STANDARDS THE ZONING DISTRICT DETERMhVES THE MINIMUM FRONTAGE-. ,.. , t." A : .1--- rill tLOCAL STREET —UNACCEPTABLE LOT ACCESS— (.... Exhibit 20 RESIDENTIAL LOT DESIGN: WIDTH & DEPTH MINIMUMS AXIS OF THE LOT NOTE': P LOTS MAY BE DESIGNED WHICH MEET E Y PERRPPEENNDIDI CULAR ALL CODE MINIMUMS, YET WILL NOT TO FRONTING STREET, BE CONSIDERED BUILDABLE, DUE TO OR RADIAL TO THE PHYSICAL CHARACTERIS77CS OF CENTER OF THE THE LOT OR LAND, INCLUDING STEEP CUL—DE—SAC. SUCH LOTS ARE '^'• UNACCEPTABLE AND WILL NOT BE \ APPROVED. ADEQUATE BUILDING \, AREAS MUST BE PROVIDED. `�; .:\ \� i i Yam` '\;. • •iy-rP4,%; LOT WIDTH BUILDING SETBACK /^` ' ; , /,•,s LINES TYPICAL. 1 ';";/,� - \ i, 'V, / , i /�/`,``,� - I` '_1, , / / ' ~`�v I �, LOT MOTH FOR LOTS ON THE (;` ll , r ' 1_ ;' INSIDE OF A CURVE IS -__; ; ; I ;-- `-�J CALCULATED AT A POINT "-1 r j '; 30'BEHIND THE FRONT YARD ,+ j ' SETBACK LINE. • 1i1 I , , , , , •, � 1 , - `` \ , \` -i j` y/`-, % \ \... ,..--pc.P.37" \ �.-;% " /' THE LOT MOTH IS DETERMINED sv\. ‹.../... ..."7. -� BY "LOT 141DTN"DEf1NITTON IN ARTICLE 1. Exhibit 21 INTERSECTIONS: MAJOR COLLECTOR AND ARTERIAL ROAD ILL USTRA 770N /1 —IWI IwI i()'111--r- UNACCEPTABLEII ICI DESIGN —;`); :"; I ; (INTERSECTIONS ARE TOO _1 Q I 1§1 I I CLOSE AND £XCESSI VE). �'i i I g! INTERSECTIONS WITH ARTERIAL STREETS SHOULD BE LIMITED L ---------- ---------- TO QUARTER MILE INTERVALS _; ARTERIAL STREETI HOWEVER, SHOULD MORE I ( I ) 1 f 1 1 I FREQUENT INTERSECTIONS BE NECESSARY. THEY SHOULD BE 'T' TYPE INTERSECTIONS IL WS IRA TION #2 I— WI I I ICI ICI• ACCEPTABLE DESIGN ; ; 1.. ;vl; 1c1/; 1 I I I Ivl I"r NO VEHICULAR ACCESS q Q EASEMENTS SHALL BE UQ PLATTED TO PROHIBIT _ V T L _ J ti ACCESS THROUGH _- J L__- J L__—__ J —�--- IOTAL --STREET—J— LANDSCAPE AREAS - -- - --sic --- -' --- --' --1 i OPEN SPACE/NO BUILDING � i LANDSCAPE AREAS BETWEEN -- -- -------------- ------- REAR AND SIDE/STREET ___ _ _ SIDE LOT LINES ADJONING ARTERIAL STREET ANY ROAD RIGHT—OF—WAY ------ --- ----------- ------------ OF A DETPH EQUAL TO THE STREETSIDE—YARD SETBACK OF THE SUBDIVISION ZONING OR 20' IN DEPTH, WHICHEVER IS GREATER. Exhibit 22 RESIDENTIAL REAR LOT LINES (CURVED AND STRAIGHT) REAR LOT LINES SHALL BE A SERIES ILLUSTRATION ,`1 OF STRAIGHT LINE SEGMENTS OCCURINC AT JUNCTIONS OF - SIDE AND REAR LOT LINES. I J I j SAL ST I Imo' I 1 I U: I ! you' -- r LANDSCAPE ISLAND i /// � ILLUSTRATION /2 • tr) CURVED REAR LOT LINES I ' Q; e�(. - WILL BE PERMITTED /F --�GA�/ CURVE RADIUS IS BOO L — +- FEET OR GREA TER,