HomeMy WebLinkAboutPZ.2013.0411.Agenda POST AGENDA
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REGULAR MEETING NOTICE
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OF THE
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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 April 11, 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,APRIL 11,2013
WHERE: TOWN HALL COUNCIL CHAMBERS
16705 E.AVENUE OF THE FOUNTAINS
46,
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
* 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 Regular Session meeting minutes of the Planning and Zoning
Commission for March 14,2013. APPROVED — 6-0
(2) CONSIDERATION of a 2-year EXTENSION of the approved CONCEPT PLAN for"La Bella Vita at
Firerock",formerly"The Retreat at Firerock". Case Number CP2006-05.APPROVED — 6-0
(3) CONSIDERATION of a 2-year EXTENSION of the approved UTILITY DISTURBANCE PERMIT for"La
Bella Vita at Firerock",formerly"The Retreat at Firerock". Case Number UDP2008-01. APPROVED 6-0
(4) CONSIDERATION of a 2-year EXTENSION of the time to record the FINAL PLAT for"La Bella Vita at
Firerock",formerly"The Retreat at Firerock". Case Number S2008-04.APPROVED — 6-0
(5) PUBLIC HEARING to receive comments on ORDINANCE#2013-08, a proposed amendment to Section
3.08.H—Lot Planning of the Town of Fountain Hills Subdivision Ordinance. Approval of the amendment will
delete Section 3.08.H from the ordinance. Case Number Z2013-01 —CONTINUED UNTIL 5-9-2013
(6) CONSIDERATION of ORDINANCE#2013-08 a proposed amendment to Section 3.08.H—Lot Planning of
the Town of Fountain Hills Subdivision Ordinance. Approval of the amendment will delete Section 3.08.H from
the ordinance. Case Number Z2013-01 —CONTINUED UNTIL 5-9-2013
(7) 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: NO ACTION
(8) SUMMARY OF COMMISSION REQUESTS from Senior Planner. NO ACTION
Planning and Zoning Commission Agenda
Page 2 of 3
POST AGENDA
•9) REPORT from Senior Planner,Planning and Zoning Division of Development Services. NO ACTION
(10) ADJOURNMENT @ 6:45 P.M.
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 3`I day of April 2013 By:
'obert Rodgers, Senior Planner
Planning 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
Cade,the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived."
111)
Planning and Zoning Commission Agenda
Page 3 of 3
O��yT"NI?'
o
3 REGULAR MEETING NOTICE
'co b
• • OF THE
that is ASV'or
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 April 11, 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,APRIL 11,2013
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
* 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 Regular Session meeting minutes of the Planning and Zoning
Commission for March 14,2013.
(2) CONSIDERATION of a 2-year EXTENSION of the approved CONCEPT PLAN for"La Bella Vita at
Firerock", formerly"The Retreat at Firerock". Case Number CP2006-05.
(3) CONSIDERATION of a 2-year EXTENSION of the approved UTILITY DISTURBANCE PERMIT for"La
Bella Vita at Firerock", formerly"The Retreat at Firerock". Case Number UDP2008-01.
(4) CONSIDERATION of a 2-year EXTENSION of the time to record the FINAL PLAT for"La Bella Vita at
Firerock", formerly"The Retreat at Firerock". Case Number S2008-04.
(5) PUBLIC HEARING to receive comments on ORDINANCE#2013-08, a proposed amendment to Section
3.08.H—Lot Planning of the Town of Fountain Hills Subdivision Ordinance. Approval of the amendment will
delete Section 3.08.H from the ordinance. Case Number Z2013-01
(6) CONSIDERATION of ORDINANCE#2013-08 a proposed amendment to Section 3.08.H—Lot Planning of
the Town of Fountain Hills Subdivision Ordinance. Approval of the amendment will delete Section 3.08.H from
the ordinance. Case Number Z2013-01
(7) 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:
(17
(8) SUMMARY OF COMMISSION REQUESTS from Senior Planner.
Planning and Zoning Commission Agenda
Page 2 of 3
IICL(9) REPORT from Senior Planner,Planning and Zoning Division of Development Services.
(10) ADJOURNMENT
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.
/Pr
DATED this 3rd day of April 2013 By: if'
' ert Rodgers, Senior Planner
Planning 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
o 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."
i
0
Planning and Zoning Commission Agenda
Page 3 of 3
�A,N TOWN OF FOUNTAIN HILLS
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Board of Adjustment
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AGENDA ACTION FORM
Meeting Date: April 11, 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 March 14, 2013.
Applicant: N/A
Applicant Contact Information: N/A
"roperty 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 March 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 March 14, 2013, as presented.
Attachment(s):
Submitted by:
�> ee PACate, April 3, 2013
Name/Title Date
Approved by:
ter
April 3,2013
obe odgers, Senior Planner Date
Page 1 of 1
FAIN TOWN OF FOUNTAIN HILLS
04 X Planning and Zoning
Board of Adjustment
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AGENDA ACTION FORM
Meeting Date: April 11, 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:
CONSIDERATION of a 2-year EXTENSION of the approved CONCEPT PLAN for "La Bella Vita at Firerock",
formerly "The Retreat at Firerock". Case #CP2006-05
CONSIDERATION of a 2-year EXTENSION of the approved UTILITY DISTURBANCE PERMIT for "La Bella Vita
at Firerock", formerly "The Retreat at Firerock". Case#UDP2008-01
CONSIDERATION of a 2-year EXTENSION of time to record the FINAL PLAT for "La Bella Vita at Firerock",
Drmerly "The Retreat at Firerock". Case #S2008-04
Applicant: Robert Bezemer, The Retreat at Firerock LLP
Applicant Contact Information: (480) 620-4300
Property Location: Parcel "B" in Firerock, Fountain Hills, AZ 85268 (located on Firerock
Country Club Drive directly across the street from the Firerock Country
Club Clubhouse)
Related Ordinance, Policy or Guiding Principle: Zoning Ordinance, Section 2.04.F.2
Staff Summary (background):
"The Retreat at Firerock" Concept Plan was approved August 10, 2006. The original plan approval was valid for
one year. Subsequent extensions have been granted by the Planning & Zoning Commission. The continuing
poor real estate market conditions necessitate the applicant's request for another extension.
On April 14, 2011, the Planning & Zoning Commission approved a request to extend the approved Concept
Plan until May 15, 2013. Due to the extension of the Concept Plan as well as Town Council's extension of the
Utility Disturbance Permit, the requirement to record the Final Plat was extended until May 11, 2013.
The current request is to extend all three approvals for "The Retreat at Firerock" to May 15, 2015. As this is a
equest for a two-year extension rather than a one-year extension, the Planning & Zoning Commission will be
asked to vote on the Concept Plan extension and also to forward recommendations to Town Council regarding
the Utility Disturbance Permit and Final Plat extension requests. The Town Council will be asked to vote on
Page 1 of 2
both the Utility Disturbance Permit and Final Plat requests rather than staff issuing any administrative
approvals.
L
Risk Analysis (options or alternatives with implications):
Approval of the extension will allow the developers to continue the process of permitting and building 80
condominiums. Denial of the extension will require the developers to begin the Concept Plan approval process all
over again. In addition, the developer may have to apply for a new preliminary and final plat as well as a new
Utility Disturbance Permit.
Fiscal Impact (initial and ongoing costs; budget status): N/A
Staff Recommendation(s):
Staff recommends that the Planning and Zoning Commission approve an extension of the Concept Plan to May
15, 2015 with approval subject to the stipulations contained in the August 10, 2006 original approval. Staff
further recommends that the Planning and Zoning Commission forward a recommendation that the Town
Council APPROVE the 2-year extension requests for the Utility Disturbance Permit and Final Plat recording.
SUGGESTED MOTION:
Move to APPROVE an extension of the "La Bella Vita at Firerock" Concept Plan, formerly "The Retreat at
Firerock", Case #CP2006-05, subject to the stipulations contained in the original August 10, 2006 approval.
Said extension to expire on May 15, 2015.
Move to forward a recommendation that the Town Council APPROVE the 2-year extension of the Utility
Disturbance Permit for "La Bella Vita at Firerock" at Parcel "B" of Firerock, Case #UDP2008-01. Said extension
to expire on May 15, 2015.
I love to forward a recommendation that the Town Council APPROVE the 2-year extension`_►}of the time to
i ecord the FINAL PLAT for "La Bella Vita at Firerock" at Parcel "B" of Firerock, Case #�P2008di Said
extension to expire on May 15, 2015.
Attachment(s):
1. Application & Narrative (2 pgs)
2. Vicinity Map
3. Architectural Site Plan
4. Architectural Rendering
5. 5/9/2011 Extension letter
Submitted by:
Ala
Ro6ert dodgers, Se t�,' anner 4/1/2013
Name/Title Date
Approved by:
ei.y.iive
r)evelop ent ervices Director Date
��T AIN�jt DO Not write in this space —official use only
w� tu, Filing Date 3/5 / c 0L�
Accepted , 0
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ase Manager_g_tr
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The Town of Fountain Hills
Planning & Zoning Division - APPLICATION
Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation
Area Specific Plan &Amendments Concept Plan T ,v"
Condominium Plat X Cut/Fill Waiver i r-i-•T.''
Development Agreement HPE Change or Abandonment
General Plan Amendment Ordinance (Text Amendment)
Planned Unit Development )G Preliminary/ Final Plat crx'7—s'
Replat (Lot joins, lot splits, lot line adjustments)
Rezoning (Map) Special Use Permit &Amendments
Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee, if applicable)
Variance Tract Housing
, Other-Ut'(\lt D NU limait t
PROJECT NAME / NATURE OF PROJECT: Utt 11U L'
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LEGAL DESCRIPTION: Plat Namelaii'CL VI I 0L/ i!l
Block p/ �j�-J Lot
PROPERTY ADDRESS: ll rOEL1 J ! I l�C..l re ,k l Rect. I 1 Iefe j(' ' l
PARCEL SIZE(Acres) 1`-A , u3 ASSESSOR PARCEL NUMBER
NUMBER OF UNITS PROPOSED >50 TRACTS
EXISTING ZONING PROPOSED ZONING 1_17 U 26 COApplit lJ - Ll ( 1Z /�
Mrs. � Day Phone
Mr.
Ms.Address: 71 - ✓/ \ ' i r f' State: V)2_ Zip: E 5 � l
Email: 1 It JXU'flC i1CLP CCU s i r /, �' /Lqt
Owner Qr� r /'�+ �; p f L n
Mrs. -� l el-` eC I at f Irl.Rctr K ./, . Day Phone ��� _�� �i'(�1�1
Ms.Address: C F31 W TEC ) el6C/Y dW: ( 6 State: 2— Zip:
If application is being submitted by someone other than the owner of the property under consideration,
the section below must be completed.
SIGNATURE OF OWNER DATE
I HEREBY AUTHORIZE TO FILE THIS APPLICATION.
Please Print
ISubscribed and sworn before me this day of ,20
My Commission Expires
NOTARY PUBLIC MUNIS
APPLICATION#
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• THE RETREAT AT FIREROCK LLP
Mr.Robert Rodgers February 25,2013
Senior Planner-Development Services
Fountain Hills Council
Fountain Hills Planning&Zoning
Town of Fountain Hills
16705 E.Avenues of the Fountains
Fountain Hills,Arizona 85268
Re: Two year extension renewal for La Bella Vita/Parcel B-The Retreat at Firerock
Concept Plan, Utility Disturbance Permit and Final Plat extensions
Dear Mr. Rodgers,
The purpose of this letter is a request for a two year extension from the Town of Fountain Hills Planning
♦r and Zoning for the Concept Plan for the La Bella Vita property located within the FireRock Country Club
master planned community.
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Also, this letter is a request for two year extension for the Utility Disturbance Permit from the Town of
Fountain Hills Council for the La Bella Vita property located within the FireRock Country Club master
planned community. Q Q
Further, we request a two year extension to record the final plat for the La Bella Vita residential
development located within the FireRock Country Club master planned community.
Our extension requests outlined above are necessary even though the economy is showing signs of
improvement and housing markets are stabilizing. We believe that there will be a window of opportunity
over the next few years, to bring our La Bella Vita project to the market. We are continuing to work on
completing the necessary tasks to be positioned to move forward with the development. Architectural
control approvals are almost complete,subject to minor adjustments.
If you have any questions please do not hesitate to contact me at 480-620-4300.
R ect
Robert B emer, i q
Cr The Retreat at FireRock LLP
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9531 Technology Drive, Fountain Hills, AZ 85268
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LAIN,
Town of FOUNTAIN HILLS
Development Services Department
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May 9, 2011
Deborah E. Ray
The Retreat at Firerock, LLP
16816 E. Parkview Avenue
Fountain Hills, AZ 85268
RE: Concept Plan Approval Extension—La Bella Vita at Firerock —Case #CP2006-05
Utility Disturbance Permit Extension—La Bella Vita at Firerock —Case#UDP2008-01
Final Plat Recording Extension—La Bella Vita at Firerock —Case#S2008-04
Dear Ms Ray:
Notice is hereby given that the Fountain Hills Planning & Zoning Commission approved a two-year
ear extension
of the "La Bella Vita at Firerock" Concept Plan approval at their regular meeting of April 14, 2011 subject to
he stipulations contained in the August 24, 2006 approval. Said extension will expire on May 15, 2013.
Notice is hereby given that the Fountain Hills Town Council approved a two-year extension of the "La Bella
Vita" at Firerock Utility Disturbance Permit approval as well as a two-year extension of the requirement to
record the Final Plat at their regular meeting of May 5, 2011. Said extensions will expire on May 15, 2013.
Consistent with the Town's subdivision regulations, improvement bonds are required to be submitted for the
subdivision prior to the recording of the Final Plat. If the Final Plat is not recorded by the date of expiration it
will be considered null and void and a new plat will have to be submitted.
Feel free to contact this office if you have any further questions.
Sincerely,
Robert Rodgers
Senior Planner
oTown of Fountain Hills
16705 E.Avenue of the Fountains—Fountain Hills,Arizona 85268—(480)816-5122-Fax(480)837-3145
THIN TOWN OF FOUNTAIN HILLS
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Board of Adjustment
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ihat is mv,
AGENDA ACTION FORM
Meeting Date: April 11, 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 to receive comments on ORDINANCE #13-08, a proposed amendment to Section 3.08.H — Lot
Planning of the Town of Fountain Hills Subdivision Ordinance. Approval of the amendment will delete Section 3.08.H
from the ordinance. Case#Z2013-01
CONSIDERATION of ORDINANCE #13-08, a proposed amendment to Section 3.08.H — Lot Planning of the Town of
Fountain Hills Subdivision Ordinance. Approval of the amendment will delete Section 3.08.H from the ordinance.
Case#Z2013-01
Applicant: Planning &Zoning Commission
applicant 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):
Town Council adopted section 3.08.H of the Subdivision Ordinance on March 16, 2000. Its stated purpose was to assure
compatibility with surrounding platted properties. In addition to the underlying zoning requirements, the section currently
imposes additional lot width and area requirements so that lots must remain within 90% of the average of like-zoned
surrounding properties within 800' when lot dimensions are altered or lots are re-platted.
The Planning & Zoning Commission Initiated this amendment to Section 3.08.H the Fountain Hills Subdivision Ordinance
at their regular meeting of March 14, 2013.
During discussion, members of the Commission expressed concerns that the regulation was not uniform in its effects on
all properties within the same area and actually unfair to some properties due to large adjacent parcels. The Commission
noted that the standard bulk and coverage controls of the underlying zoning district such as building setbacks, lot
coverage maximums, and disturbance allowances should be sufficient and that this particular ordinance section was over
burdensome.
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 amendment to the Fountain Hills Subdivision Ordinance by deleting Section 3.08.H as presented.
Page 1 of 7
'JGGESTED MOTION: Move to forward a recommendation to the Town Council approve the proposed amendment to
_,ie Fountain Hills Subdivision Ordinance by deleting Section 3.08.H as presented.
Attachment(s):
1. Fountain Hills Subdivision Ordinance—Section 3.08
2. Fountain Hills Subdivision Ordinance— Exhibits 19—22
3. 2/14/2013 P&Z Commission Meeting Minutes
4. 3/14/2013 P&Z Commission Meeting Minutes
5. 3/16/2000 Town Council Meeting Minutes (excerpt)
6. Ordinance#13-08
Submitted by:
Robert lRodpers .41 4/2/2013
Name/Title Date
Approved by:
'(/.11/'
..)e elopment Services Director Date
fa
Page 2 of 7
,.ubdivision Ordinance - Article 3
SUBDIVISION 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).
D. All lots shall have frontage as required by the appropriate zoning district on a fully dedicated, accepted
and 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
flip-lean that no lot shall be created having less than ninety (90) percent of the lot size of the average of all
latted lots in the same zoning district that are located within 800 feet of the proposed lot.
Exhibit 19
LOT DESIGN
(DEPTH &WIDTH RATIO AND LOT ACCESS)
THE DEPTH-TO-1410TH RA770 OF THE USABLE
AREA OF THE LOT SHALL BE LESS THAN
THREE (3) TO ONE (1). ILL USTRA 170N
REAR SE1 ACIf LINE
LOT•••1
•
AREA
. 1 '
1 !•:(11. W1D7TLA
ON.T 7rojAff.,
-NrWr
LOCAL STREET
ILLUS7RA770N #2
PARCELS IN REAR
:0E1 NOTE:
VEHICULAR EASEMENTS TO EVERY LOT SHALL HAVE
FRONTAGE ON A FULLY
REAR PARCELS DO NOT DEDICATED AND ACCEPTED
OUALIF F AS LEGAL FRONTAGE PUBLIC STREET MEET7NO ALL
TOWN STANDARDS_ THE
ZONING DISTRICT DETERMINES
THE MINIMUM FRONTAGE.
-71
•
• .•.,
LOCAL STREET
-UNACCEPTABLE LOT ACCESS-
Exhibit 20
RESIDENTIAL LOT DESIGN:
WIDTH & DEPTH MINIMUMS
AXIS OF THE LOT
GENERALLY
NOTE: LOTS MAY BE DESIGNED WHICH MEET PERPENDICULAR
ALL CODE MINIMUMS, YET WILL NOT TO FRONTING STREET,
BE CONSIDERED BUILDABLE, DUE TO OR RADIAL TO
THE PHYSICAL CHARACTERIS77CS OF CENTER OF THE
TH£ LOT OR LAND, INCLUDING STEEP `` CUL—DE—SAC.
Y.TOPOGRAPH SUCH LOTS ARE '
UNACCEPTABLE AND W49LL NOT BE ' ``
APPROVED. ADEQUA 1E BUILDING `, N.
AREAS MUST BE PROVIDED. '` __ ss '`
Z*;'-1
`` t,/' ,`,
'j`' /�,1•, /,.-``ti LOT WIDTH
BUILDING SETBACK , `/ , f
LINES TYPICAL. / ''�"; / `
a..... ' , /
'r - ' ,/I/ �' LOT WIDTH FOR LOTS ON THE
0 / - -- J I -
i -- ! , r% INSIDEOFA CURVE IS
_ _,� j _ CALCULATED AT A POINT
' - --1 ' ' ; '-'., 30'BEHIND THE FRONT YARD
' 1 I I SETBACK LINE.
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-f j / THE LOT WIDTH IS DETERMINED
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BY LOT F39OTH"DEFINI770N
IN ARTICLE I,
Exhibit 21
INTERSECTIONS:
MAJOR COLLECTOR AND ARTERIAL ROAD
ILL USTRA T/ON ,l1
—11 lit;I 1wf
ICI ICI 1` �
UNACCEPTABLE DESIGN —1 : I�; , "
(INItkSEC77oNS ARE TOO -1 Q i I Q I Q
CLOSE AND EXCESSIVE). 18,41 : :
INTERSECiONS W1TH ARTERIAL ' '
STREETS SHOULD BE LIMITED -- ----------- ----------}�
TO QUARTER MILE INTERVALS. ARTERIAL , STREET
HOWEVER, SHOULD MORE 1 ( r ) 1 ( I
FREQUENT INTERSEC77ONS
BE NECESSARY, THEY SHOULD
BE 'T. TYPE INTERSECTIONS
ILLUSTRATION #2
W
IWI 1tn I W
—�Wi Iv) IW
I:
ACCEPTABLE DESIGN (q
NO VEHICULAR ACCESS — 'j I I I UV I I�I
EASEMENTS SHALL BE 1g7 I i I I
PLATTED TO PROHIBIT ___�TI___— V _ -J-TL_ _ _J-'
ACCESS THROUGH LyrL --STREET
— —
LANDSCAPE AREAS • -- — -- -- _ic
ITT]
OPEN SPAC£/NO BUILD/NG }___ if
LANDSCAPE AREAS BETWEEN
REAR AND SIDE/STREET __ _— —_—_ —
ANY ROAD RIGHT—OP—WAY
SIDE LOT LINES ADJONING ARTERIAL STREET
—""' — "—
OF A DETPH EQUAL TO THE
STREETSIDE—YARD SETBACK
OF THE SUBDIVISION ZONING
OR 20'IN DEPTH, WHICHEVER
IS GREATER.
0 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
-6AL ST. -H4
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IV
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—1*-1 "1 '" 1 I
LOG>
~"! '� LANDSCAPE ISLAND
1
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,/ ILLUSTRATION #2
r
, . r
I ,
�� CURVED REAR LOT LINES
-+i "-�j�/� K9LL BE PERMITTED IF
U -- p,4 S/�� CURVE RADIUS IS 800
o �.L,i` FEET OR GREATER.
0
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
PLANNING & ZONING COMMISSION
FEBRUARY 14, 201.3
Chairman Lloyd Pew opened the session of the Planning and Zoning Commission at 6:30 p.m.
The following Commissioners were present: Chairman Lloyd Pew, Vice-Chairman Angela
Strohan. [arrived at 6:34 p..m.j, Commissioners Richard Turner, Mike Archambault, Stan
Connick, Gene Slechta, and Steven Harris. Also in attendance were Robert Rodgers Senior
Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes.
Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent
reflection.
ROLL CALL:
Chairman Lloyd Pew present
Commissioner Angela Strohan [arrived at 6:32 p.m.]
Commissioner Richard Turner present
Commissioner Gene Slechta present
Commissioner Stan Connick present
• Commissioner Mike Archambault present
Commissioner Steven Harris present
CALL TO THE PUBLIC
No one wished to speak.
REGULAR AGENDA
AGENDA ITEM #1 — CONSIDERATION of APPROVING the Joint Session meeting
minutes of the Planning and Zoning Commission and Town Council from Thursday, October
1.1,2012.
Commissioner Stan Connick MOVED to APPROVE the joint session meeting minutes for the
Planning and Zoning Commission and Town Council dated October 11, 2012. Commissioner
Mike Archambault SECONDED. A roll call was taken and the MOTION CARRIED 6 -0, by
those present.
Commissioner Richard Turner aye
Chairman Lloyd Pew aye
Vice-Chairman Angela Strohan absent
• Commissioner Gene Slechta aye
Page 1 of 4
• Commissioner Mike Archambault aye
Commissioner Stan Connick aye
Commissioner Steven Harris aye
AGENDA ITEM #2 — PUBLIC HEARING to receive comments on a proposed SPECIAL
USE PERMIT to allow AT&T Wireless Communications to raise the existing church tower
height from 36' to 51 in order to install communications antennas within the tower structure.
The property is zoned R-4. Case Number SU2012-01.
'Robert Rodgers gave the presentation and included a PowerPoint Presentation. Mr. Rodgers
pointed out the AT&T Mobility was proposing to install antenna arrays within the Presbyterian
Church bell tower located at 13001. N. Fountain Hills Boulevard. Mr. Rodgers continued to say
that the installation will also include attendant ground mounted equipment and would increase
the existing 36' tall tower an additional 15' for a total of 51" tall. Mr., Rodgers added that this
was not within the 30' height limit of the R-4 zoning district but this requirement may be waived
for communication towers as part of the Special Use Permit by the Town Council when deemed
appropriate.
Staff recommended that the Planning and Zoning Commission .forward a recommendation to the
Town Council to approve the proposed Special Use Permit to allow the construction of a 51' tall
bell tower housing cellular antenna arrays at 13001 N. Fountain Hills Boulevard subject to the
following stipulations:
• 1. The masonry wall surrounding the equipment at ground level shall be a wall a minimum
of eight feet in height and shall be constructed and finished to the specifications of the
existing structures on the site.
2. Subject to development in accordance with the revised plans dated January 31, 2013.
3. Subject to the applicants fulfilling the Public Art requirement by providing 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 I% of
the cost of building construction and associated site work and signage. Water
features using recycled water are preferred;
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.
In attendance to address any questions from the Commissioners were Sabrina Lancaster, Project
manager, AT&T and L)ayna Bedney. Project manager, Site Development Services, applicant for
Clear Blue Services, on behalf of AT&T Mobility, 11011 S. 48th Street, Phoenix, Arizona 85044.
Public Hearing Opened at 6:35 p.m.
Page 2 of 4
411) No one wished to speak.
Public Hearing Closed at 6:35 p.m.
AGENDA ITEM #3 — CONSIDERATION of a SPECIAL USE PERMIT to allow AT&T
Wireless Communications to raise the existing church tower height from 36' to 51 in order to
install communications antennas within the tower structure. The property is zoned R-4. Case
Number SU2012-01.
Commissioner Stan Connick made a MOTION to forward a recommendation to the Town
Council to APPROVE the proposed Special Use Permit to allow a 51' tall church bell tower
with internal antenna arrays and associated ground-mounted equipment at 13001 N. Fountain
Hills Boulevard subject to the stipulations continued in the staff report. Commissioner Gene
Slechta SECONDED. The MOTION passed 7-0.
AGENDA ITEM #4 — 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.
Chairman Lloyd Pew directed staff to place the following item on the next scheduled
• Commission meeting:
Requested that staff place a discussion of the Subdivision Ordinance Section 3.08.H on a future
agenda for discussion and possible direction to staff.
AGENDA ITEM #S- SUMMARY OF COMMISSION REQUEST from Senior Planner.
Discussion of possible Subdivision Ordinance amendment as requested by Chairman Lloyd Pew
will be scheduled on the agenda dated Thursday, March 14, 2013.
AGENDA ITEM #6 REPORT from Senior Planner, Planning and Zoning Division of
Development Services.
Mr. Rodgers informed the Commissioners that "The Enclave" had submitted plans for further
construction and the Great Fair will be held the week-end of February 22 .
AGENDA ITEM #7 - ADJOURNMENT.
Commissioner Mike Archambault MOVED to adjourn and Commissioner Steven Harris
SECONDED and the MOTION CARRIED 7-0.
Chairman Lloyd Pew aye
Vice-Chairman Angela Strohan aye
Commissioner Richard Turner aye
•
Page.3 of 4
Commissioner Gene Slechta aye
Commissioner Mike Archambault ave
Commissioner Stan Connick aye
Commissioner Steven Harris aye
The regular meeting ADJOURNED at 7:05 p.m.
FOUNTAIN HILLS PLANNING &ZONING COMMISSION
BY:
Chairman Lloyd E. Pew
ATTEST: _
u Janice Baxter, Recorder
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 14'h day of February
2013, in the Town Council Chambers. I further certify that the meeting was duly called and that
• a quorum was present.
Dated this le day of February 2013
Janice Baxter, Recorder
C
Page 4 of 4
• TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
PLANNING & ZONING COMMISSION
MARCH 14, 2013
Chairman Lloyd Pew opened the session of the Planning and Zoning Commission at 6:30 p.m.
The following Commissioners were present: Chairman Lloyd Pew, Commissioners Mike
Archambault, Stan Connick, and Gene Slechta. Commissioners not in attendance were Vice-
Chairman Angelia Strohan, Commissioners Richard Turner, and Steven Harris. Also in
attendance were Paul Mood, Director of Development Services, Robert Rodgers Senior Planner,
and Janice Baxter Executive Assistant and Recorder of the Minutes.
Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent
reflection.
ROLL CALL:
Chairman Lloyd Pew present
Commissioner Gene Slechta present
Commissioner Stan Connick present
Commissioner Mike Archambault present
• Commissioner Steven Harris absent [recovering from major surgery]
Commissioner Angela Strohan absent [notified staff in advance]
Commissioner Richard Turner absent [notified staff in advance]
CALL TO THE PUBLIC
No one wished to speak.
REGULAR AGENDA
AGENDA ITEM #1 — CONSIDERATION of APPROVING the regular session meeting
minutes of the Planning and Zoning Commission dated Thursday,February 14,2013.
Commissioner Gene Slechta MOVED to APPROVE the regular session meeting minutes for
the Planning and Zoning Commission dated February 14, 2013. Commissioner Mike
Archambault SECONDED. A roll call was taken and the MOTION CARRIED 4 -0, by those
present.
Chairman Lloyd Pew aye
Commissioner Gene Slechta aye
Commissioner Mike Archambault aye
Commissioner Stan Connick aye
Page 1 of 53NCC
AGENDA ITEM #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.
Robert Rodgers gave a brief informational presentation to the Commission. Mr. Rodgers pointed
out that 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. Mr. Rodgers added that the 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.
Mr. Rodgers stated that staff recommended that the Planning and Zoning Commission forward a
recommendation to the Town Council to approve the proposed zoning amendment, as presented.
Public Hearing Opened at 6:34 p.m.
PJ Britt a Fountain Hills small business owner spoke to the Commission regarding signs and
banners. She requested that feather banners be allowed to be placed out near roadways for better
visibility. (Exhibit"A")
Public Hearing Closed at 6:35 p.m.
• AGENDA ITEM #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.
Chairman Lloyd Pew asked if the Commissioners had any questions or comments regarding this
agenda item.
Commissioner Gene Slechta pointed out that the entry in the column of the banner table labeled
"Type of Event" was "Type of Event or Promotion", which suggested to him something special
or something out of the ordinary. Commissioner Slechta stated that he sees this as a creeping
misuse of banners, intended for temporary use, now being used as virtually permanent signs.
Commissioner Mike Archambault made a MOTION to forward a recommendation to approve
the amendment to Chapter 6, Section 6.08 — Signs, of the Zoning Ordinance, as presented.
Commissioner Stan Connick SECONDED. The MOTION passed 3-1, with Commissioner
Gene Slechta casting the nay vote.
AGENDA ITEM #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.
C
Page 2 of 5
Chairman Lloyd Pew requested this item be placed on the agenda for initiation. Chairman Pew
stated that the Commission had three choices:
1. Make revisions to Subdivision Ordinance Section 3.08; Paragraph 3.08.H.
2. Delete Paragraph 3.08.H.
3. Do nothing and leave Paragraph 3.08.H, as stated.
Chairman Pew added that 3.08.H has always been confusing to him and a unique ordinance. He
continued that we already have zoning districts with minimum requirements on lot sizes and
3.08.H makes it difficult to average when determining if a lot line adjustment could be justified
between two adjoining plats. Chairman Pew added that under this paragraph staff had to
consider and calculate the different lot sizes within 800 feet within a zoning district. Chairman
Pew stated that he did not see the benefit that paragraph 3.08.H served to the planning process.
Commissioner Archambault asked Mr. Rodgers if the Commission considers eliminating
paragraph "H", how that would affect Section 3.08. Mr. Rodgers explained that it would not
change density calculations required in the lots in the zoning districts. He added that "H"just
added additional requirements by adding the 90% of the average area of surrounding lots, plus
lots must have at least 90% of the average lot width at a minimum.
Mr. Rodgers and Chairman Lloyd Pew both agreed that they had not experienced this type of
rule in any other subdivision ordinance they have worked with.
• Chairman Lloyd Pew pointed out that if property owners agreed to move a simple property line,
i.e. because of a driveway issue or wall, this paragraph could make it hard to accomplish and
pass the test because of a few large lots in the area.
Commissioner Gene Slechta wanted to explain why leaving 3.08.H in the Subdivision Ordinance
could possibly benefit zoning districts. Commissioner Slechta used the reference such as R1-18,
where all the lots in the neighborhood were one-acre and the property owners wanted to keep all
properties one-acre lots. If one property owner wanted to split his lot, this could be an issue with
the surrounding property owners in that zoning district. Commissioner Slechta suggested
possibly changing the 90% rule or using a minimum lot size instead of an average.
Commissioner Slechta supported a revision that didn't complicate the issue.
Chairman Lloyd Pew confirmed his position by requesting staff research the possibility of
allowing minor lot line adjustments without calculations.
Commissioner Archambault reminded the Commissioner that any lot line adjustments would
required the lot to demonstrate the ability to be buildable.
Chairman Pew made a MOTION to support the deletion of 3.08.H from the Subdivision
Ordinance and directed staff to initiate the ordinance change. Commissioner Mike Archambault
SECONDED and the MOTION carried 4-0.
C
Page 3 of 5
111)
AGENDA ITEM #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
AGENDA ITEM#6- SUMMARY OF COMMISSION REQUEST from Senior Planner.
Initiation of a possible Subdivision Ordinance amendment as initiated during this meeting, to be
scheduled for the Planning and Zoning Commission meeting dated Thursday, April 11, 2013.
Also requested was a report on how this could impact properties within and without 3.08.H of
the Subdivision Ordinance and how many cases have been brought to staff in the past that has
involved this paragraph.
AGENDA ITEM #7 — REPORT from Senior Planner, Planning and Zoning Division of
Development Services.
Mr. Rodgers stated that there was nothing to report.
AGENDA ITEM#8 - ADJOURNMENT.
0 Commissioner Gene Slechta MOVED to adjourn and Commissioner Mike Archambault
SECONDED and the MOTION CARRIED 4-0.
Chairman Lloyd Pew aye
Commissioner Gene Slechta aye
Commissioner Mike Archambault aye
Commissioner Stan Connick aye
The regular meeting ADJOURNED at 6:57 p.m.
FOUNTAIN HILLS PLANNING &ZONING COMMISSION
BY:
Chairman Lloyd E. Pew
8) .,e Baxter, Recorder
Cir,
Page 4 of 5
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 14th day of March
2013, in the Town Council Chambers. I further certify that the meeting was duly called and that
a quorum was present.
Dated this 14th day of March 2013
Janice Baxter, Recorder
110
Page 5 of 5
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MARCH 16,2000
AGENDA ITEM#20- CONSIDERATION OF ORDINANCE 00-08,AN AMENDMENT
TO SECTION 308 OF THE SUBDIVISION ORDINANCE FOR THE TOWN OF
FOUNTAIN HILLS THAT WOULD PROVIDE ADDED REGULATIONS FOR
MINIMUM LOT WIDTHS AND LOT SIZES FOR PROPOSED LOTS IN SINGLE-
FAMILY ZONING DISTRICTS TO ASSURE COMPATIBILITY WITH
SURROUNDING PLATTED PROPERTIES.
Director Valder stated that over the past couple of years the Town had several lot splits, which
had become contentious. The property owner's success in splitting lots had,that in the opinion of
many, created lots that weren't compatible with the surrounding lots in the single family area. He
reviewed that the Planning and Zoning Commission had asked staff to look into a way that
wouldn't prohibit lot splits but would add regulations to ensure compatibility with those single
family zoned lots in the same zoning district. He acknowledged that it had been a challenge. He
explained that what staff proposed was to amend the subdivision code regarding lot planning. He
said the proposed amendment would be contained in "Paragraph H". The amendment stated that
each new lot had to be at least 90% of the lot size and width of any other lots in the same zoning
district, which were within 800'of the new lot.
He clarified that the regulations would only apply if a subdivision were proposed. He stated it
would not create any legal lots that weren't conforming to the Town's existing regulations or
zoning district. He reviewed that the amendment would not apply to unplatted land but would
apply to lots that had already been platted. He said staff recommended approval.
Councilman Poma MOVED to approve Ordinance 00-08 as presented and Councilman Wyman
SECONDED the motion.
Councilman Mower clarified this was an effort to prevent incompatible lot splits and didn't see
the wording "lot splits" in paragraph H. Director Valder said he was correct and clarified this
was a long way of saying lot splits. Councilman Poma stated that staff would use Paragraph H
instead of using the words "lot splits".
The motion CARRIED unanimously.
•
ORDINANCE NO. 13-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS SUBDIVISION ORDINANCE, ARTICLE 3 (SUBDIVISION DESIGN
PRINCIPLES AND STANDARDS) SECTION 3.08 (LOT PLANNING) BY
DELETING SUBSECTION H,RELATING TO LOT SIZE REQUIREMENTS.
WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the "Town
Council") adopted Ordinance No. 96-29, which established the Subdivision Ordinance for the
Town of Fountain Hills (the "Subdivision Ordinance"); and
WHEREAS, the Town Council desires to amend the Subdivision Ordinance to revise
Article 3 thereof,by deleting Section 3.08(H), relating to an additional lot size requirement; and
WHEREAS, public hearings regarding this ordinance were advertised in the March 27,
2013 and April 3, 2013 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on April 11,2013 and by the Town Council on May 2, 2013.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
• SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Subdivision Ordinance, Article 3 (Subdivision Design Principles and
Standards), Section 3.08 (Lot Planning) is hereby amended by deleting Subsection H thereof in
its entirety.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 4. 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.
[SIGNATURES ON FOLLOWING PAGE]
•
1935798.1
• PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
May 2, 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
•
IP
2
REGULAR SESSION
* 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. 08-43 -0 I((i), 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 Regular Session meeting minutes of the Planning and Zoning
Commission for March 14,2013.
(2) CONSIDERATION of a 2-year EXTENSION of the approved CONCEPT PLAN for"La Bella Vita at
Firerock",formerly"The Retreat at Firerock". Case Number CP2006-05.
(3) CONSIDERATION of a 2-year EXTENSION of the approved UTILITY DISTURBANCE PERMIT for"La
Bella Vita at Firerock",formerly"The Retreat at Firerock". Case Number UDP2008-0 L
(4) CONSIDERATION of a 2-year EXTENSION of the time to record the FINAL PLAT for"La Bella Vita at
Firerock",formerly"The Retreat at Firerock". Case Number S2008-04.
(5) PUBLIC HEARING to receive comments on ORDINANCE#2013-08,a proposed amendment to Section
3.08.H—Lot Planning of the Town of Fountain Hills Subdivision Ordinance. Approval of the amendment will
delete Section 3.08.H from the ordinance. Case Number Z2013-01
(6) CONSIDERATION of ORDINANCE#2013-08 a proposed amendment to Section 3.08.H—Lot Planning of
the Town of Fountain Hills Subdivision Ordinance. Approval of the amendment will delete Section 3.08.H from
the ordinance. Case Number Z2013-01
(7) 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:
(8) SUMMARY OF COMMISSION REQUESTS from Senior Planner,
Ihrow
Planning and Zoning Commission Agenda
Page 2 of 3
(lbw (9) REPORT from Senior Planner, Planning and Zoning Division of Development Services.
(10) ADJOURNMENT
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 34 day of April 2013 By:
ert Rodgers,Senior Planner
Planning 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(TOD)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.§I-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
Cioto 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