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HomeMy WebLinkAboutPZ.2013.0509.Agenda di��T AIN�*t.1) POST AGENDA z i REGULAR MEETING NOTICE OF THE o‘• that is As" 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 May 9,2013, at 6:30 p.m. in the Town Hall Council Chambers at 16705 E.Avenue of the Fountains,Fountain Hills,Arizona. Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call;a quorum of the Town's Councilmembers or various Commissions or Boards may be in attendance at the Commission meeting. TIME: 6:30 P.M. —REGULAR SESSION WHEN: THURSDAY,MAY 9,2013 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 Recorder prior to the Commission's discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Recorder's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Recorder or the Chairman. At that time, speakers should stand and approach the podium. Speakers are asked to state their name 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 4 POST AGENDA * 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. All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Commission. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Commissioner or member of the public so requests. If a Commissioner or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the Consent Agenda. The item will be removed from the Consent Agenda and considered its normal sequence on the Agenda. CONSENT AGENDA ITEM(S) APPROVED 7-0 (1) CONSIDERATION of APPROVING the Regular Session meeting minutes of the Planning and Zoning meeting dated April 11,2013. (2) CONSIDERATION of an extension of the CONCEPT PLAN approval for Firerock Plaza (Replat 704, Block 6, Lot 6. Case Number CP2007-01. (3) CONSIDERATION of an extension of the SPECIAL USE PERMIT approval for Firerock Plaza (Replat 704, Block 6,Lot 6. Case Number SU2007-04. (4) CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza to have extended hours of operation. Case Number SU2007-05. (5) CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza to have an outdoor patio/dining area. Case Number SU2007-06. REGULAR AGENDA ITEM(S) (6) PUBLIC HEARING to receive comments on ORDINANCE#2013-09, an amendment to Chapter 12,Section 441 12.02 of the Fountain Hills Zoning Ordinance. If adopted,the amendment would allow theatres as permitted uses in the C-1 Zoning District. Case Number Z2013-03. NO ACTION Planning and Zoning Commission Agenda Page 2 of 4 POST AGENDA (7) CONSIDERATION of ORDINANCE#2013-09,an amendment to Chapter 12, Section 12.02 of the Fountain Nikor Hills Zoning Ordinance. If adopted,the amendment would allow theatres as permitted uses in the C-1 Zoning District. Case Number Z2013-03. FAILED 6-1 WITH CHAIRMAN LLOYD PEW VOTING NAY (8) PUBLIC HEARING to receive comments on ORDINANCE #2013-08,a proposed amendment to Section 3.08.H —Lot Planning of the Fountain Hills Subdivision Ordinance and to Section 5.03.B—Redividing of Recorded Lots of the Fountain Hills zoning Ordinance. Approval of the amendments will delete both sections from the ordinances. Case Number Z2013-01. NO ACTION (9) CONSIDERATION of ORDINANCE#2013-08, a proposed amendment to Section 3.08.H—Lot Planning of the Fountain Hills Subdivision Ordinance and to Section 5.03.B—Redividing of Recorded Lots of the Fountain Hills zoning Ordinance. Approval of the amendments will delete both sections from the ordinances. Case Number Z2013-01. PASSED 6-1 WITH COMMISSIONER SLECHTA VOTING NAY (10) CONSIDERATION of the SITE PLAN FOR"J&D Premier Auto Sales",to locate in an existing retail plaza. Project located at 11881 N. Saguaro Boulevard. (APN#176-08-114) Case Number CP2013-01 PASSED 7-0 WITH ADDITIONAL STIPULATION (11)DISCUSSION with possible direction to staff regarding INITIATING amendments to both the Fountain Hills Subdivision Ordinance and the Fountain Hills Zoning Ordinance in order to allow the conversation of multi-family condominium or apartment developments to townhouse forms of ownership. DISCUSSION ITEM ONLY (12) 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 (13) SUMMARY OF COMMISSION REQUESTS from Senior Planner. NONE (14) REPORT from Senior Planner, Planning and Zoning Division of Development Services. NO ACTION (15) ADJOURNMENT @7:55 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. ,)ATED this 2nd day of May 2013 By: bert Rodgers, Senior Planner lanning and Zoning Division Planning and Zoning Commission Agenda Page 3 of 4 POST AGENDA 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 Planning and Zoning Commission are audio and/or video recorded, and, as a result,proceedings in which children are present may be subject to such recording. Parents in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §l-602.A.9 have been waived." I 4 L Planning and Zoning Commission Agenda Page 4 of 4 AIN e REGULAR MEETING NOTICE • OF THE 9'Z'hat is M.11' 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 May 9,2013, at 6:30 p.m.in the Town Hall Council Chambers at 16705 E.Avenue of the Fountains,Fountain Hills,Arizona. Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call;a quorum of the Town's Councilmembers or various Commissions or Boards may be in attendance at the Commission meeting. TIME: 6:30 P.M. —REGULAR SESSION WHEN: THURSDAY,MAY 9,2013 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 Recorder prior to the Commission's discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Recorder's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Recorder or the Chairman. At that time, speakers should stand and approach the podium. Speakers are asked to state their name 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 p w (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 4 * 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. All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Commission. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Commissioner or member of the public so requests. If a Commissioner or member of the public wishes to discuss an item on the consent agenda,they may request so prior to the motion to accept the Consent Agenda. The item will be removed from the Consent Agenda and considered its normal sequence on the Agenda. CONSENT AGENDA ITEM(S) S (1) CONSIDERATION of APPROVING the Regular Session meeting minutes of the Planning and Zoning meeting dated April 11,2013. (2) CONSIDERATION of an extension of the CONCEPT PLAN approval for Firerock Plaza(Replat 704, Block 6, Lot 6. Case Number CP2007-01. (3) CONSIDERATION of an extension of the SPECIAL USE PERMIT approval for Firerock Plaza (Replat 704, Block 6,Lot 6. Case Number SU2007-04. (4) CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza to have extended hours of operation. Case Number SU2007-05. (5) CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza to have an outdoor patio/dining area. Case Number SU2007-06. REGULAR AGENDA ITEM(S) ,(6) PUBLIC HEARING to receive comments on ORDINANCE#2013-09,an amendment to Chapter 12,Section 12.02 of the Fountain Hills Zoning Ordinance. If adopted,the amendment would allow theatres as permitted uses in the C-1 Zoning District. Case Number Z2013-03. Planning and Zoning Commission Agenda Page 2 of 4 (7) CONSIDERATION of ORDINANCE#2013-09,an amendment to Chapter 12,Section 12.02 of the Fountain Hills Zoning Ordinance. If adopted,the amendment would allow theatres as permitted uses in the C-1 Zoning District. Case Number Z2013-03. (8) PUBLIC HEARING to receive comments on ORDINANCE#2013-08,a proposed amendment to Section 3.08.H —Lot Planning of the Fountain Hills Subdivision Ordinance and to Section 5.03.B—Redividin2 of Recorded Lots of the Fountain Hills zoning Ordinance. Approval of the amendments will delete both sections from the ordinances. Case Number Z2013-01. (9) CONSIDERATION of ORDINANCE#2013-08,a proposed amendment to Section 3.08.H—Lot Planning of the Fountain Hills Subdivision Ordinance and to Section 5.03.B—Redividin2 of Recorded Lots of the Fountain Hills zoning Ordinance. Approval of the amendments will delete both sections from the ordinances. Case Number Z2013-01. (10) CONSIDERATION of the SITE PLAN FOR"J&D Premier Auto Sales",to locate in an existing retail plaza. Project located at 11881 N. Saguaro Boulevard. (APN#176-08-114) Case Number CP2013-01 (11)DISCUSSION with possible direction to staff regarding INITIATING amendments to both the Fountain Hills Subdivision Ordinance and the Fountain Hills Zoning Ordinance in order to allow the conversation of multi-family condominium or apartment developments to townhouse forms of ownership. (12) 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: (13) SUMMARY OF COMMISSION REQUESTS from Senior Planner. (14) REPORT from Senior Planner, Planning and Zoning Division of Development Services. (15) 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 2nd day of May 2013 By: obert Rodgers, Senior Planner tt Planning and Zoning Division Planning and Zoning Commission Agenda Page 3 of 4 —he Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 oice) 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 Planning and Zoning Commission 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." • `s r, Planning and Zoning Commission Agenda Page 4 of 4 zA><N�f TOWN OF FOUNTAIN HILLS ADO CtN a X Planning and Zoning vow Board of Adjustment that i s At" AGENDA ACTION FORM Meeting Date: May 9, 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 April 11, 2013. Applicant: N/A Applicant Contact Information: N/A iProperty 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 April 11, 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 April 11, 2013, as presented. Attachment(s): Submitted by: rrrlee 1aaex May 1, 2013 NamefTitle Date Approved by: wk.. Ma 2,2013 ole Odgers, Senior Planner Date Page 1 of 1 AINAr! TOWN OF FOUNTAIN HILLS ff 'etp 0 X Planning and Zoning Board of Adjustment that cv tioo AGENDA ACTION FORM Meeting Date: May 9, 2013 Meeting Type: Regular Agenda Type: Consent Submitting Division: Planning &Zoning Staff Contact Information: Bob Rodgers, Senior Planner,480-816-5138, rrodgers@.fh.az.gov REQUEST TO PLANNING &ZONING COMMISSION: CONSIDERATION of an extension of the CONCEPT PLAN approval for Firerock Plaza (Replat 704, Block 6, Lot 6). Case#CP2007-01 CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza (Replat 704, Block 6, Lot 6) to allow a drive-thru window. Case# SU2007-04 CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza to have extended hours of operation. Case#SU2007-05 CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza to have an outdoor patio/dining area. Case# SU2007-06. Applicant: Mahmoud Emadi, 1828 W. Buckeye Rd., Phoenix, AZ 85007 Applicant Contact Information: Phone (602) 622-0636 Property Location: Firerock Plaza, 17205-17225 E. Shea Blvd, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: 1. Fountain Hills Zoning Ordinance Chapter 2 a. Sections 2.02 Special Use Permits and 2.04 Concept Plan Review 2. Fountain Hills Zoning Ordinance Chapter 12 a. Section 12.04.A Drive-I window facilities, b. Section 12.04.B Operation of commercial or professional activities between 11:00 PM and 7:00 AM c. Section 12.04.0 Outdoor seating area. 3. Fountain Hills Subdivision Ordinance Chapter 6 a. Section 6.09 Low Water Use Landscaping Requirements 4. Fountain Hills Zoning Ordinance Chapter 19, Architectural Review Guidelines Staff Summary (background): EXISTING ZONING: "C-1 Neighborhood Commercial" EXISTING CONDITION: Retail Plaza SURROUNDING LAND USES AND ZONING: NORTH: Shea Blvd and Crossroads Convenience Center zoned "C-2 PD" Page 1 of 4 SOUTH: Firebrick Drive and Single Family Residential Homes; zoned"R1-43" EAST: Shea East Plaza; zoned"C-1" WEST: Firerock Resort Casitas; zoned"R-5" BACKGROUND: The Firerock Plaza development plan was approved in March of 2006, the Town Council approved a Development Agreement under Resolution #2006-13. The Development Agreement was recorded on April 20, 2006. Firerock Plaza, LLC received a Building Permit on October 19, 2006. This application is a request to extend the amended and approved concept plan, and Special Use Permits (2007) so as to allow the southernmost end unit in the plaza to re- design the unit as well as the nearby parking area in order to create a drive-thru lane and pull up window. The request also asks for an extension of the approval for extended hours of operation (6:00 AM start time). Firerock Plaza is currently a mostly-vacant retail strip center that is 18,767 square feet in size. The project has a primarily stucco exterior finish with stone and wrought iron accents. The height of the building is approximately 21' feet at the highest point from natural grade EVALUATION: Concept Plan CP#2007-01 Project Data The previously approved concept plan revisions are in Unit 1 of the Firerock Plaza development. Revisions include a re- arranged parking area on the south end of the building, a drive-thru travel lane and window, and an outdoor patio/dining area. Access, Sidewalks, Parking, Loading and Refuse Access to the site is from an entrance off of Shea Boulevard. All parking and loading requirements are met on the site. A total of 113 parking spaces including five which are ADA accessible are provided. The project has one loading space on the rear side behind the building. The project also provides one additional refuse enclosure area on the southwest side of the lot. All the loading space and the trash enclosure areas are centrally located and easily accessible. The project design does not allow vehicular access from Firebrick Drive. However, pedestrian access from Firebrick Drive is provided. The drive-thru area would provide for stacking of a minimum of eleven vehicles as required by the zoning ordinance. The drive-thru exit has been designed so as to not unduly affect the internal site traffic flow. The outdoor patio/dining area will be enclosed within a 42"tall wrought iron fence with two self-closing gates. This area is intended for the exclusive use of whatever restaurant occupies the end suite. Special Use Permits Drive-Thru Window SUP#2007-04 The Zoning Ordinance states that a drive-thru window is allowed in a C-1 zoning district only by Special Use Permit. The Special Use Permit was originally granted in 2007 however it was never acted upon. The applicants are requesting that the Special Use Permit be reinstated. Hours of Operation SUP#2007-05 The C-1 Zoning District only allows businesses to operate between 7:00 AM and 11:00 PM. The original applicant did not intend the facility to operate 24 hours and asked that the facility be allowed to open as early as 6:00 AM. The applicant did not ask to extend the evening hours. The Zoning Ordinance states that extended hours of operation may only be approved by the Town Council by Special Use Permit. The Special Use Permit was originally granted in 2007 however it was never acted upon. The applicants are requesting that the Special Use Permit be reinstated. Outdoor Patio/Dining Area SUP#2007-06 The Zoning Ordinance states that outdoor dining areas in a C-1 zoning district may be allowed only by Special Use Permit. The Special Use Permit was originally granted in 2007 however it was never acted upon. The applicants are Lrequesting that the Special Use Permit be reinstated. Risk Analysis (options or alternatives with implications): Denial of the extension requests will result in the project not being permitted to modify the end suite so as to include a drive-thru window or to create an outdoor seating area as previously approved.The subject unit will most likely be occupied by a non restaurant retail or office use. Fiscal Impact(initial and ongoing costs; budget status): No fiscal impact is anticipated. Staff Recommendation(s): CONCEPT PLAN (Case#CP2007-01) Staff recommends that the Planning & Zoning Commission approve the extension of the Concept Plan approval as presented subject to the following original stipulations: 1. Development in accordance with the Concept Plan set consisting of nine sheets; dated 03/14/07. 2. The applicant shall submit Site Improvement Plans. All utilities and drainage features must be installed and functional as shown on the improvement plans and approved by the Town Engineer prior to the issuance of any building permit. 3. No occupancy permit shall be issued prior to the completion of all site improvements as depicted and approved. Said improvements must be approved by both the Town Engineer and the Planning Administrator. 4. Hours of operation may be from 6:00 AM to 11:00 PM. SPECIAL USE PERMITS Staff recommends that the Planning &Zoning Commission forward to the Town Council a recommendation to approve the Stair three Special Use Permit extension requests subject to the stipulations contained in the Concept Plan approval. 1.) to allow a drive-thru window (Case#SU2007-04) 2.) to allow extended hours of operation (Case#SU2007-05) 3.) to allow an outdoor patio/dining area (Case#SU2007-06) SUGGESTED MOTION: Move to approve the extension of the revised Concept Plan approval for Firerock Plaza (Case #CP2007-01) as presented subject to the stipulations outlined in the staff report and to forward a recommendation to the Town Council to approve the three Special Use Permit extension requests as outlined in the staff report. Attachment(s): 1. Case Map 2. Application 3. Concept Plan, Elevations&Floor Plans(9 pgs) Submitted by: Approved by: a itle Date D elop ent Services Director ate . . . ., . ..._.... .. . .. . . .. CASE MAP )44.... . .).\=,...._1.-7, ) ,, i,.. --,,, N, 0, ..'‘ . //\ 0-4-- : 1 ,.. \''') 0 -a"' ' ' \ --- ,,,, / / ,› L)44,.... _ 0, . / . 17 ----------:\ az. • 1 ' \\q \ g'Z' ,. ').0 , •- ..i:O.'" L \ • /"\l, ‘ / o'' ' •. . .,,,,,..I. - ...,xx. .-'"•- • . (... ..t .- /- ...., N. •0 . 1 . e%• $."/ "5 • \ i. 0 0- 4:., '04". \,..,.., ,,...- .._ - ....- \ .,,,.., Th . . ji..... i o \oo r/A\ (.\\°4" Isrly....00 ‘ \ . . . lIal011W3,9111\ • IR ''''''' •l. ".""''''" f • • \ \)i, t ' \i 44:t .,,, ,,‘ • I ' N6,1). * , fl...„,,. 4 ' i, . • f \..,\tt , ; . 700 i . . ,.,.- V ' '.s'\" '' „ . •u * '1. '1)1' ... \4.%.' / . r . .. ,, --- •. Nd., 4 <,...\ \. ,r// - - •-.... \ ..... .\ , . SITE ,...zo....'..\\I -.....„.. . _. \ , . . . : \ / t. .... , „..,...,,,,....1 \ \ \ . \ \ ... (,.... , , ^c MN 1 DO Not write in this space —official use only o`} Lt Filing Date 4 -2-- -�-Oi �� Accepted By J• tea- ,_- i'-3• P " Fee Accepted 100.64C)c. - 03E 0.00 C OCL. iL Case Manager o•b eod 9,./ 4" rhat is A kl— The Town of Fountain Hills Planning & Zoning Division - APPLICATION Abandonment(Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan &Amendments )' Concept Plan c aQ-.-f•"'" C82aol`Ol Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary/ Final Plat Replat (Lot joins, lot splits, lot line adjustments) oS -06 Rezoning (Map) `\' Special Use Permit &Amendments51.L2c0-c1 If Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee,if applicable) Variance Tract Housing ?'<' Other PROJECT NAME / NATURE OF PROJECT: , LEGAL DESCRIPTION: Plat Name 4 J!'I a 6 Block Lot ` 60 PROPERTY ADDRESS: /7 2 2 s G, Sate` ( 1 V i6 u0..'` 1,k, t �Vs.( R 2.15 2-68 $ �(} PARCEL SIZE(Acres) 2 6 4 C 6% ASSESSOR PARCEL NUMBER I k! 6-"� `"' o /7G-id -d V NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING (--\ PROPOSED ZONING C I Applic00)715— ant (V\ a�,�U� I LL4 Y z Day Phone 6c�2- 2 6'.) - 6 MJ Ms.Address:( 2�, g Uc 2y 1TLct City: e�lixui<state• /7 d l�Zp:g � —7 2- l�� �'� Email: lM s. ? CI cl`-3 f . Vj Z. Owner Mrs. le-31 tM.ta Day Phone 1 Mr. Ms.Address: City: State: Zip: If application is being submitted by someone othe owner of the property under consideration, the section below must be completed.-'a-`-`` ..- �La a.007_OLI-6- SIGNATURE OF OWNER - DATE LA aoo7-O(0-6 I HEREBY AUTHORIZE /Ill e Wt.rnr)�- rn Ci 4' TO FILE THIS APPLICATIO . Please Print Subscribed and sworn before me this LCt day of AL a�v�.IA ,20 ‘ 3 . 415, . . RY PU PEJMAN KNALIGHI MUNIS aoq 7 -CPaoo'rE`�°'`�y',r NOTARY PU C w�:, Notary Public-Arizona APPLICATION# ..4. v i' Comm p+•County r �}(o \J Qt koG L .a s, Fstbruary ��� j�. . f -- ► °�ii� ` ,s.� 105 i q3�. W - I,.r.--1_1.1C?_`i000 -----� .oa,, 0.7 acnAa i i , '''..`,..,,,,. ., , ,,,,.,P.,.,..,,,r 1 n..' \ ', Neu I` Y ' ..,,. ...,..4.,......,............, yw_ ,.0 , . .. 1 . . ,,., . „ .. , ,. .. .. . . _ . , . .. . , 1." r . 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'� : . ..::!:,,,. \. \ •, / A �y \ r 4.16••.;r• 411' �� !1 \. `l_ 1 11�/ W 1 al ' \ 5 , h '' .il.i'f:.r bzO ' O z8 (II / F., ‘1-‘&)•)) • toi 11 Ni1;1 I 1. THIN TOWN OF FOUNTAIN HILLS 1 T. X Planning and Zoning Board of Adjustment y.,�ha� �tios AGENDA ACTION FORM Meeting Date: May 9, 2013 Agenda Type: Regular 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: PUBLIC HEARING to receive comments on ORDINANCE #13-09, an amendment to Chapter 12, Section 12.02 of the Fountain Hills Zoning Ordinance. If adopted, the amendment would allow theatres as permitted uses in the C-1 Zoning District. Case#Z2013-03 ORD#13-09 CONSIDERATION of ORDINANCE #13-09, an amendment to Chapter 12, Section 12.02 of the Fountain Hills Zoning Ordinance. If adopted, the amendment would allow theatres as permitted uses in the C-1 Zoning District. Case#Z2013-03 ORD#13-09 Applicant: Town of Fountain Hills Applicant Contact Information: Development Services Department, 480-816-5122 Property Location: C-1 Zoning Districts-Town-wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 12, Section 12.02 Staff Summary (background): Town Council initiated this ordinance amendment at their March 7, 2013 regular meeting. Council directed that staff draft the amendment so as to allow movie theatres to locate within the C-1 zoning district, as permitted uses by right. The zoning ordinance currently allows theatres as permitted uses in the C-2, C-3, and TCCD zoning districts. (See Sections 12.02.C.20 and 18.03.8.34) The ordinance also allows outdoor/drive-in theatres as Special Permit Uses in the C-C, C-1, C-2, and C-3 zoning districts. (See Section 12.03.A) Risk Analysis (options or alternatives with implications): Approval will allow theatres to be located within areas zoned C-1. Denial will keep the ordinance provisions as they are currently. Fiscal Impact(initial and ongoing costs; budget status): None anticipated Staff Recommendation(s): Staff recommends that the Planning &Zoning Commission forward a recommendation that the Town Council approve the proposed zoning ordinance text amendment as presented. Page 1 of 2 LSUGGESTED MOTION: Move to forward a recommendation to the Town Council that they approve the proposed zoning ordinance text amendment to Chapter 12, Section 12.02, as presented. Attachment(s): 1. 3/7/13 Town Council Meeting Minutes 2. Zoning Map with highlighted Commercial districts 3. Draft Ordinance#13-09 Submitted by: o6ert Rodgers 6�` i3 Name/Title Date Approved b : ,, y/z/3 D el ent Se ices Director Date L FOUNTAIN HILLS TOWN COUNCIL MARCH 7,2013 IDAGENDA ITEM #15 - CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF TO INITIATE A ZONING ORDINANCE AMENDMENT PERMITTING A MOVIE THEATER AS A PERMITTED USE WITHIN THE Cl ZONING DISTRICT. THIS ITEM WAS ADDED AT THE REQUEST OF VICE MAYOR ELKIE AND COUNCILMEMBERS BROWN AND YATES. Councilmember Yates discussed this agenda item and explained that several years ago he was Co-Chair of the General Plan Amendment committee and a movie theater was listed specifically as something the Town might want to do.He said that it is a retail operation and it seems to make sense to include that as an additional use within the C 1 District.He added that he believes there are five possible sites and said that Mr.Rodgers will provide information on that aspect(two on Shea and three other possible sites).He noted that there is no specific project or developer at this point in time--but after speaking with some other land owners in Town that have Cl properties about land uses,it was determined that Cl was omitted and that Cl seems to make sense for this type of operation (including it as an additional use). Councilmember Leger requested that Mr.Rodgers display the map of the Cl areas they are addressing this evening for the benefit of the public.He also asked what the permitted uses in Cl are currently and why movie theaters were excluded. Mr.Rodgers advised that the uses include general neighborhood commercial,light retail,office--general uses that are neighborhood related. Councilmember Leger questioned whether theaters were eliminated due to the proximity to residential development and Mr.Rodgers said probably. Councilmember Leger referred to the map that was displayed in the Council Chambers and requested that Mr.Rodgers explain where those areas(orange areas on map)are located.(Copy of the map available on line and in the office of the Town Clerk.) Mr.Rodgers complied with Councilmember Leger's requested and reviewed the map and Cl locations. Councilmember Dickey asked whether this is something that would have to go to Planning&Zoning and Mr.Rodgers responded that it would. Councilmember Hansen said that in looking at the identified areas,there doesn't seem to be any that would be able to handle a theater, they all seem pretty small.She added that perhaps the Fry's site would be the only one. Mr.Rodgers provided examples and stated that the vacant lot behind McDonalds is five acres in size,the vacant lot that is a little bit down Shea by Chase Bank across the street from Monterrey is also five acres in size and the vacant lot at the beginning of the Ellman Property is about eleven to twelve acres in size.He added that he is not sure how large a site would have to be for a theater. Councilmember Hansen commented that they are talking about a pretty big box and certainly on Monterrey that would be next to residential.She explained that she is trying to find out where a comfortable fit would be for a theater in the identified Cl areas. Mayor Kavanagh stated that if someone came in with a proposal they would obviously have to design their project to fit on the selected site. Councilmember Yates concurred with the Mayor's statement and added that they obviously could not put a 14 or 16 screen theatre on a five-acre site.He said this would give another option for a developer to choose to put in a smaller theater with perhaps 6 to 8 screens in order to fit the site.He noted that fast food,full-service restaurants and several other components are allowed in the Cl District and as far as the discussion about what type of development they would like to see and what would be more traffic friendly,those uses generate far more traffic than a movie theater that has shows every two hours or so.He reiterated that there is no project on the table but through discussions with some developers,and they have spoken with some of the land owners,they indicated that this might be something to consider.He confirmed that he is not saying that they should have a movie theater in all of the identified areas. The Mayor said that she believes Councilmember Yates is saying that if they change the zoning,and then if a developer who wants to construct a small movie theater does approach the Town,they will have the option to find a suitable location. Councilmember Yates agreed with the Mayor's summation. Councilmember Leger asked whether what they would be doing is changing the permitted uses or the zoning and Mr. Buchanan confirmed that the Council would be changing the permitted uses. Councilmember Leger commented that since this has to go to Planning&Zoning he would like to know what the Town Manager is looking for at this point in time. Mr. Buchanan replied that staff is looking for direction from the Council as to whether or not to take this to Planning&Zoning for consideration and recommendations. There were no citizens wishing to speak on this agenda item. Councilmember Yates MOVED to request that Planning&Zoning look at the proposal to add movie theaters as a permitted use under Cl Zoning and Councilmember Brown SECONDED the motion, which CARRIED by majority vote with Vice Mayor Elkie abstaining(7-0). • C NC DOW_LI NOIINIAIN FARA MC DO\VE.1 NOUNTAIN FARA 441114 Aei_;(4,.110•,---- Vim• ',V4.c-...-4..i. •,.., ♦` osP l.sP L-1 0. ��.` ,, •1-.► 111...W ••: .•,,.;: .1�: ��fjff ' alga t. ry mmi\loh 111411V ��i/(►�/rs i.-- efte �. ♦ P.n• • •.�� osv II 1� ,••.nn��p_ �i.., ram; .. ,,.•�,..•, 5.:..►:;;..,... --. ,_ I IIII` „il: pligib.,,,.....\IL. i ,%��4,00,41/r�1 1 j` ,+? 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O', L"y:' �% .-•..,`;L. . i ►1 1r. jsr- ''•'"e TOWN OF FOUNTAIN HILLS, '•I00'+i / Ao....::: �, NIr 41..........i44...►♦,1 r�I111111r-4.: .��� i .l •./l 11Od - / ♦ �//I�r Ills n..q`.�I Af 1 �`I ARIZONA ri l�� •r, 1i/I ,�� t�� 4� �qr Alm.�1U` rl Ilr.rr/� �.' �• .f, DEVELOPMENT SERVICES DEPARTMENT AUIP.I_ IIIIWNI "Pt.. ,411 . ,. • ,fit ....0 ;.'�; ZONING MAP t�s �Q/tom lF /r���I • 1t.`:'•' , ,,, w• � •T. mo♦ �11 .w. ♦.t'1f�, vsA � arPw,,� �`,' ,, + 1_ , r s I w i r�;. r: : ti' �,% •.w�•+t 1 f.,w I I4 / s ��<4 1141,0 �w�l• t.: toff ��. .'��1*i� III Q��j� `cam :.I',i 1jillk.4.a:1.Altf,...,.tEir.ap..,j.i:'si -.%... a�C�y:��_� i,, °� •ate \b' lteW ��1I, , .:�•♦ �- ' Lr �• ggtV* w1 #+ >•� .�.kd► .fai eII/t11111►.4♦ 1- ® SALT RIDER PIMA MARICOPA INDIAN COMMUNIN L • ORDINANCE NO. 13-09 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 12, COMMERCIAL ZONING DISTRICTS, SECTION 12.02, PERMITTED USES, RELATING TO REQUIREMENTS FOR MOVIE THEATERS IN C-1 COMMERCIAL ZONING DISTRICTS. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the"Zoning Ordinance"); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 12 (Commercial Zoning Districts) to provide for requirements for theaters in C-1 commercial zoning districts; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings regarding this ordinance were advertised in the April 24, 2013, edition of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on May 9, 2013, and by the Town Council on June 6, 2013. 111 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 Zoning Ordinance, Chapter 1 (Introduction), Section 1.12 (Definitions)is hereby amended by adding a new definition of"Theater"to read as follows: Theater: A building or part of a building devoted to showing motion pictures, but specifically not including a Drive-in Theater or an Adult Theater. SECTION 3. The Zoning Ordinance, Chapter 12 (Commercial Zoning Districts), Section 12.02 (Permitted Uses) is hereby amended by adding a new Subsection C (Uses Permitted in C-1) as follows and all subsequent Sections shall be renumbered accordingly: C. Additional Uses Permitted in C-1 Zoning Districts are as follows: 1. Theaters, but not including drive-in theaters and adult oriented facilities, each as defined under Chapter 1, Section 1.12 of this Ordinance. • 1942643.4 • SECTION 4. 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 5. 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, Arizona,June 6, 2013. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh,Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: S Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney • 2 1942643.4 AINlt TOWN OF FOUNTAIN HILLS X Planning and Zoning 3 n ° Board of Adjustment that ism" AGENDA ACTION FORM Meeting Date: May 9, 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 Fountain Hills Subdivision Ordinance and to Section 5.03.E — Redividing of Recorded Lots of the Fountain Hills Zoning Ordinance. Approval of the amendments will delete both sections from the ordinances. Case#Z2013-01 CONSIDERATION of ORDINANCE #13-08, a proposed amendment to Section 3.08.H — Lot Planning of the Fountain Hills Subdivision Ordinance and to Section 5.03.E — Redividing of Recorded Lots of the Fountain Hills Zoning Ordinance. Approval of the amendments will delete both sections from the ordinances. Case#Z2013-01 ,pplicant: 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 Fountain Hills Zoning Ordinance Section 5.03.B Staff Summary (background): Town Council adopted Ordinance #2000-08 amending Section 3.08.H of the Subdivision Ordinance on March 16, 2000. Its stated purpose was to assure compatibility with surrounding platted properties. Town Council adopted Ordinance #2000-19 amending Section 5.03.E of the Zoning Ordinance on September 21, 2000. This section mirrors the previously adopted Subdivision Ordinance section. In addition to the underlying zoning requirements, these sections currently impose 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 delete Section 3.08.H the Fountain Hills Subdivision Ordinance and Section 5.03.B of the Zoning Ordinance at their regular meeting of March 14, 2013. During discussion, members of the Commission expressed concerns that these regulations are not uniform in their effects on all properties within the same area and actually unfair to some properties due to large adjacent parcels. The ,ommission noted that the standard bulk and coverage controls of the underlying zoning districts such as building setbacks, lot coverage maximums, and disturbance allowances should be sufficient and that these particular ordinance sections are over burdensome. Page 1 of 7 The Planning & Zoning Commission opened the Public Hearing on April 11, 2013. That Public Hearing was continued to May 9, 2013 for additional information. 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 amendments by deleting Fountain Hills Subdivision Ordinance - Section 3.08.H and Fountain Hills Zoning Ordinance -Section 5.03.E as presented. SUGGESTED MOTION: Move to forward a recommendation to the Town Council to approve the proposed amendments by deleting Fountain Hills Subdivision Ordinance - Section 3.08.H and Fountain Hills Zoning Ordinance - Section 5.03.E as presented. Attachment(s): 1. Fountain Hills Subdivision Ordinance—Section 3.08 2. Fountain Hills Subdivision Ordinance— Exhibits 19—22 3. Fountain Hills Zoning Ordinance—Section 5.03 4. 2/14/2013 P&Z Commission Meeting Minutes 5. 3/14/2013 P&Z Commission Meeting Minutes 6. 4/11/3013 P&Z Commission Meeting Minutes 7. 3/16/2000 Town Council Meeting Minutes (excerpt) 8. Ordinance#00-08 9. 9/21/2000 Town Council Meeting Minutes (excerpt) 10. Ordinance#00-19 11. Ordinance#13-08 Submitted by: Robert Dodgers 4/29/2013 Name/Title Date Approved by: /129A3 D elopment Services Director Date Cow Page 2 of 7 Subdivision 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 mean that no lot shall be created having less than ninety (90) percent of the lot size of the average of all platted 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) 77IE DEPTH-TO-10D7H RA770 OF PIE USABLE AREA OF THE LOT SHALL BE LESS THAN. • THREE(3) TO ONE(1)- ILL USTRA TTON ,f 1 .--; REAR SETBACK UNE- _ '-"--' IDEI SElpACK 2I1 S: , i LlSAaLE'.1 1- _ 1 { .. 1 _•LOL. 1 _-jr. �f�PONT SETBAcY(LINE —A3PO?-- LOCAL STREET ILL USTRA 770N /2 PARCELS IN REAR- _ NOTE. VEHlCUnAR EASEMENTS TO EVERY LOT SHALL HAVE' 4 REAR PARCELS DO NOT FRONTAGE ON A FULLY OUALIF'AS LEGAL FRONTAGE PUBLIC STREET DEDICATEDST AND ACCEPTED REET ME£ANG ALL n TOM STANDARDS. THE l f ZONING DISTRICT DETERMINES r 7HE MINIMUM FRONTAGE. -74 - _A .,. .. LI 1 't__________ _____ _ ____________ LOCAL STREET -UNACCEPTABLE LOT ACCESS- L Exhibit 20 RESIDENTIAL LOT DESIGN: WIDTH &DEPTH MINIMUMS AXIS OF THE LOT GENERALLY NOTE LOTS MAY 6E DESIGNED NHICH MEET PERPENDICULAR- ALL CODE MINIMUMS, YET MLL NOT TO FRONTING STREET, BE CONSIDERED BUILDABLE, DUE TO OR RADIAL TO THE PHYSICAL CHARACTERISTICS OF CENTER OF TT1E THE LOT OR LAND, INCLUDING STEEP ; CUL-DE-SAC. TOPOCAAPHY. SUCH LOTS ARE ,. UNACCEPTABLE AND WILL NOT BE APPROVED. ADEQUATE BUILDING AREAS MUST BE PRO TDEO. J�,\ �,...--„, _ ;' ' "-x .,„,, \ "... ,A, ...„."..No. f ""0 .., LOT }1D1H BUILDING SETBACK / ,`,'', ��" /i•` %N.' LINES TYPICAL. ,,Y; / ""J* \' .'" " // \"" ` /r 7 f- Z _„ /f r /f"'ti'`` ,• 1 1 l . I j• ` LOT MDm FOR LOTS Ow THE i� i / L. _ r' INSIDE OF A CURVE IS �__; J ;--_ CALCULATED AT A FRONT I�� _--1 1 ' i - JO'BEHIND THE FRONT YARD {` f : , ' ; SETBACK LINE. - y 'i r it - \ ` y \ 1 \ ; :"� �\ \ ` R \ / /" f" i ♦ iVAAVX \L= . f�/`` THE LOT 139D774 IS DETERMINED -� " BY 'ZDT (WITH'DEM:117 N IN ARTICLE f, Exhibit 21 INTERSECTIONS: MAJOR COLLECTOR AND ARTERIAL ROAD ILL USTRA 770N /7 W W W ICI it; 1f^� UNACCEPTABLE DESIGN �, :1" 'v'' (INTERSECTIONS AND EXCESSIVE? —I:8I I8q I I I- INTERSECTIONS win ARTERIAL a a STREETS SHOULD BE LIMITED - - -- ---- ------- TO QUARTER MILE INTERVALS. ARTERIAL , STREET , HOWEVER, SHOULD MORE I ( I ) 1 ( 1 ) I FREQUENT INTERSECTIONS BE NECESSARY, THEY SHOULD BE 'T' TYPE INTERSECTIONS ILLUSTRATION /2 I— w % L ruNL"I ACCEPTABLE DESIGN —� I I I ii ` � NO VEHICULAR ACCESS —1 'I I I I V( I§r EASEMENTS SHALL BE i g; I ; I ' ; PLATTED TO PROHIBIT _J ` v J`'L_ -___—J`' ACCESS THROUGH _ J_--_ tOCAL�--STREET--,— LANDSCAPE AREAS • --4+— -- BUILDING OPEN SPACE/NO LANDSCAPE AREAS BETWEEN -- ' REAR AND SIDE/STREET —_ SIDE LOT LINES ADJONING ARTERIAL STREET ANY ROAD RIGHT—OF—WAY — — -- - --- — — OF A DEPPH EQUAL TO THE STREETS/DE—YARD SETBACK OF THE SUBDIVISION ZONING OR 20'IN DEPTH, WHICHEVER IS GREATER. i; Lir Exhibit 22 RESIDENTIAL REAR LOT LINES (CURVED AND STRAIGHT) REAR LOT LINES SHALL BE A SERIES ILLUSTRATION 11 OF STRAIGHT LINE SEENTS OCCUR/NG AT J 1NCTIONS OP SIDE AND REAR LOT LINE T.E3C- SSTT ' Imo, ii ------3f L� - - '~ r-- LANDSCAPE ISLAND L /` / ILLUSTRATION 12 /,. ! 7 I i r w zy ,,„ „ CURVED REAR LOT LINES q 5\ ), 7c f..... .,,,, • WILL BE PERMITTED IF ...--,,,AL.,,,,-- '' tr. CURVE RADIUS IS 800 Lfrcr l CREAMS': I1 I r---- ------- ... y Zoning Ordinance Section 5.03 Redividing of Recorded Lots General Provisions: A. No lot may be divided to create a lot not in conformance with these regulations. No lot shall be divided or combined in any manner other than through subdivision procedures as specified by the subdivision regulations of the Town of Fountain Hills. B. In addition to meeting the minimum lot width and lot area regulations of Section 10.09 of this 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 Eight-Hundred (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 platted lots in the same zoning district that are located within eight-hundred (800) feet of the proposed lot. • i'.0 . • • TOWN OF FOUNTAIN HILLS • MINUTES OF THE REGULAR SESSION OF THE • • • PLANNING& ZONING COMMISSION • FEBRUARY 14,20.13 • 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 al 6:34 p.m..], 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 0 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 11,2012. • Commissioner Stan Connic.k MOVED to APPROVE the joint session meeting minutes for the • Planning and Zoning Commission and Town Council dated October I I, 201.2. 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 Sleelitti aye Page 1 of 4 0 .. Commissioner Mike Archambault aye Commissioner Stan Cowlick aye Commissioner Steven Harris aye • AGENDA ITEM #2 — PUBLIC HEARi1NG 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 1% 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 Woof 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 Dayna Bedney, Project manager, Site Development Services, applicant for Clear Blue Services,on behalf of AT&T Mobility, 11011 S.48`h Street,Phoenix,Arizona 85044. Public Hearing Opened at 6:35 p.m. • • Page 2 of 4 • .. 0 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 froward 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 Hems 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#5-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 Strohm) aye Commissioner Richard Turner aye ,..41 Page 3 of 4 • o L • Commissioner Gene Slechta aye Commissioner Mike Archambault aye Commissioner Stan Connick aye Commissioner Steven Harris aye • • The regular meeting ADJOURNED at 7:05 p.m. FOIJNI'AIN HILLS PLANNING&ZONING COMM1SS ON • BY:�.._ ' -'-c-- — h L airman Lloyd E. Pew ATTEST: `� .• e 3 a-'�- /J Janice Baxter. Recorder CERTIFICATION Ii 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 le day of February m2013, 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 February 2013 Janice Baxter, Recorder 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 Slcchta 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 Slcchta aye Commissioner Mike Archambault aye Commissioner Stan Connick aye • Page 1 of 5 1111 • • • • • 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. Page 2 of 5 illi 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 3.08.1i. 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. :0 Chairman Lloyd Pewpointed out that if propertyowners agreed to move a simple property line Y g P P P Y 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 R I-1 8, 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. • Page 3 of 5 . • • • 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. 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 • • ATTEST: Janice Baxter, Recorder • • • Page 4 of 5 • • : 0 . • • 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 • • • J • anice Baxter,Recorder • • • • ill • :. • • •• .• • .: • • .. • .. .. .. 40 Page 5 of 5 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION APRIL 11, 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, Vice-Chairman Angela Strohan, Commissioners Mike Archambault, Richard Turner, Stan Connick and Steven Harris. Commissioner Gene Slechta was not able to attend due to illness. 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 Stan Connick present Commissioner Mike Archambault present Commissioner Steven Harris PzAt present ` Commissioner Angela Strohan present Commissioner Richard Turner present Commissioner Gene Slechta absent 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,March 14, 2013. Vice-Chairman Angela Strohan MOVED to APPROVE the regular session meeting minutes for the Planning and Zoning Commission dated March 14, 2013. Commissioner Mike Archambault SECONDED. A roll call was taken and the MOTION CARRIED 6 -0, by those present. Chairman Lloyd Pew aye Vice-Chairman Angela Strohan aye Commissioner Mike Archambault aye Commissioner Stan Connick aye Commissioner Steven Harris aye Commissioner Richard Turner aye Page 1 of 4 AGENDA ITEM #2 — CONSIDERATION of a 2-year EXTENSION of the approved CONCEPT w. PLAN for"La Bella Vita at Firerock", formerly"The Retreat at Firerock". Case Number CP2006-05. Robert Rodgers gave a brief informational presentation to the Commission that covered the three requests from the applicant. Staff recommended approval of an extension of the Concept Plan to May 15, 2015, with approval subject to the stipulations contained in the August 10, 2006, original approval, as presented. Staff further recommended 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, as presented. Chairman Lloyd Pew stated his support for the applicant's requests. Commissioner Richard Turner clarified with Staff that this project would be subject to the current "Saguaro Cactus" regulations and Mr. Rodgers answered they would be subject to those regulations. Commissioner Richard Turner made a MOTION to approve an extension of the "La Bella Vita at Firerock" Concept Plan, formerly "The Retreat at Firerock, Case number CP2006-05, subject to the stipulations contained in the original August 10, 2006, approval. Said extension to expire on May 15, 2015. Commissioner Mike Archambault SECONDED. The MOTION passed 6-0. 1111 AGENDA ITEM #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. Commissioner Mike Archambault made a MOTION 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 number UDP2008-01. Said extension to expire on May 15, 2015. Vice-Chairman Angela Strohan SECONDED. The MOTION passed 6-0. AGENDA ITEM #4 — CONSIDERATION of a 2-year EXTENSION of THE REQUIREMENT TO RECORD the approved FINAL PLAT for "La Bella Vita at Firerock", formerly "The Retreat at Firerock". Case Number S2008-04. Mr.Robert Rodgers clarified for the Commission that the final plat had been previously approved and this was only an extension of time to record the final plat. Vice-Chairman Angela Strohan made a MOTION to forward a recommendation that the Town Council APPROVE the 2-year extension of the time to record the FINAL PLAT for "La Bella Vita at Firerock" at Parcel `B" of Firerock, Case number S2008-04. Commissioner Stan Connick SECONDED. The MOTION passed 6-0. • Page 2 of 4 AGENDA ITEM #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. Chairman Lloyd Pew opened the public hearing at 6:40 P.M. Robert Rodgers requested the Commission continue the public hearing until the May 9, 2013, Commission meeting so staff could revise the proposed ordinance and include the Zoning Ordinance section, which mirrors the Subdivision Ordinance section. Mr. Rodgers submitted a memo with both the Subdivision Ordinance and Zoning Ordinance sections to be addressed [Exhibit"A"attached]. Public Hearing closed at 6:41 P.M. Commissioner Richard Turner pointed out tha re were no requests to speak [and there were not], he would make a MOTION to continue Public Hearing of Ordinance #2013-08, to the May 9, 2013, Commission meeting. Commissioner Mike Archambault SECONDED and the MOTION passed 6-0, by those present. AGENDA ITEM #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 May 9, 2013, Planning and Zoning Commission meeting. AGENDA ITEM#7—COMMISSION DISCUSSION/REQUEST FOR RESEARCH None AGENDA ITEM #8- SUMMARY OF COMMISSION REQUEST from Senior Planner. None AGENDA ITEM #9 — REPORT from Senior Planner, Planning and Zoning Division of Development Services. Mr. Rodgers reported: • On Tuesday, April 16, the Board of Adjustment would hear four variance requests concerning Medical Marijuana. • On Thursday, May 9, 2013, the Commission will hear a presentation related to a possible condominium conversion to townhouse consideration for an initiation to amend the Subdivision and Zoning Ordinances. Page 3 of 4 • Also, on May 9, 2013, the Commission will decide on extensions for the Firerock Commercial Plaza; a Zoning Ordinance amendment to consider allowing theaters in the C-1 Zoning District along with the Lot Planning amendment, continued this evening. AGENDA ITEM#10 -ADJOURNMENT. Commissioner Richard Turner MOVED to adjourn and Commissioner Steven Harris SECONDED and the MOTION CARRIED 6-0. Chairman Lloyd Pew aye Vice-Chairman Angela Strohan aye Commissioner Steven Harris aye Commissioner Mike Archambault aye Commissioner Stan Connick aye $4, , Commissioner Richard Turner aye v The regular meeting ADJOURNED at 6:45 p FOUNTAIN HILLS PLANNING 8 ZONING COM O BY: Chairman Lloyd E. Pew ATTEST: 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 11th day of April 2013, in the Town Council Chambers. I further certify that the meeting was duly called and that a quorum was present. Dated this 11th day of April 2013 Janice Baxter, Recorder Page 4 of 4 � Subdivision Ordinance �� Section 3.OD Lot Planning 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 (SO) 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 platted lots in the same zoning district that are located within 800 feet of the proposed lot. ' ^ ' Zoning Ordinance � � Section S.D3 Redividing of Recorded Lots " ` B. In addition to meeting the minimum |P1 width and lot area regulations of Section 10-09 of ' this 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 Uk width consistency shall mean that no lot shall be created having less than ninety (90) percent of Aw the lot width of the average of all platted lots in the same zoning district that are located within � Eight-Hundred (000) feet of the proposed |ot. 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 platted lots in the same zoning district that are located within eight-hundred (800) feet of the proposed lot. ` , - ~ I(W Exhibit "A 9Y 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 Number 2000.08 Amend Article III of Subdivision Ordinance Lot Splits- 3/16/00 TOWN OF FOUNTAIN HILLS ORDINANCE #00-08 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING ARTICLE III OF THE SUBDIVISION ORDINANCE OF THE TOWN OF FOUNTAIN HILLS, TO PROVIDE ADDED REGULATIONS FOR MINIMUM LOT WIDTHS AND MINIMUM LOT SIZES FOR PROPOSED LOTS IN SINGLE-FAMILY ZONING DISTRICTS TO ASSURE COMPATIBILITY WITH SURROUNDED PLATTED PROPERTY. WHEREAS, the Town of Fountain Hills adopted Ordinance #90-08 on June 28, 1990, which adopted The Code of the Town of Fountain Hills,Arizona, and WHEREAS, The Town of Fountain Hills adopted Ordinance 96-29 on October 3, 1996, which adopted The Subdivision Ordinance of the Town of Fountain Hills, and WHEREAS, Chapter 15 of The Code of the Town of Fountain Hills,Arizona, is commonly referred to as The Subdivision Ordinance of the Town of Fountain Hills, and • WHEREAS, The Town of Fountain Hills has made subsequent amendments to The Subdivision Ordinance of the Town of Fountain Hills, and WHEREAS, The Town of Fountain Hills has rewritten a portion of Article III of The Subdivision Ordinance of the Town of Fountain Hills in order to provide added regulations for minimum lot widths and minimum lot sizes for proposed lots in single-family zoning districts to assure compatibility with surrounding platted property. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. Article III of The Subdivision Ordinance of the Town of Fountain Hills is hereby amended as shown below. New language is shown as being double-underlined and language to be deleted is shown as being eeessed-out. ARTICLE III— SUBDIVISION DESIGN PRINCIPLES AND STANDARDS 308. 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 Page 1 of 3 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. n addition to meeting the minimum lot width and lot area regulations of the Toning 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 vicinit I,ot width consistenc s all mean that no lot shall be created having less than pipet (y y(11 percent of the lot width of the av r• e of all platted lots in the same zoning district that are located within 800 f t of th e imposed lot I of size consistency shall mean that no lot shall he created having less than ninety (90) percent of the lot size of the average of all platted lots in the same zoning distri t tha ar to ca d wi hin 800 f t of the proposed lot. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 16th day of March,2000. i Page 2 of 3 FOR THE TOWN OF FOUNTAIN HILLS A 1'1'ESTED TO: Sharon Morgan,Mayor Cassie B.Hansen,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L.Nordin,Town Manager William E.Farrell, Town Attorney • • Page 3 of 3 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL September 21,2000 AGENDA ITEM#14PUBLIC HEARING ON ORDINANCE 00-19 AMENDING CHAPTERS 5 AND 10 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY PROVIDING ADDITIONAL REGULATIONS AND RESTRICTIONS REGARDING LOT SIZE AND LOT WIDTH FOR PROPOSED SINGLE-FAMILY-ZONED LOTS SO THAT RE-SUBDIVIDED SINGLE-FAMILY- ZONED LOTS WOULD BE CONSISTENT IN SIZE AND WIDTH OF EXISTING PLATTED LOTS IN THE IMMEDIATE VICINITY, CASE NUMBER Z2000-13. Mayor Morgan recessed the regular session of the Town Council and opened the public hearing at 9:13 p.m. Director Valder said that a couple of months ago there had been a change to the subdivision code that addressed the concerns of many residents in Town regarding lot splits in their neighborhoods. The concern was that property owners of lots whose lot size and width far exceeded the minimum lot size and width in their neighborhoods were splitting their lots and changing the complexion of their neighborhood. He said the Planning Commission began work on this by looking at two and three different ways that the Town had approached this issue. The Commission settled on an amendment to the subdivision code. It said that if a property owner wanted to split or replat an existing platted lot, which was in a single family-zoning district, the property owner could not • exceed the average lot size and width in the same zoning district within 800 feet. He said that the Council had approved that ordinance amendment#00-08. Since that time input had been received from some property owners who felt they had not been given the opportunity to testify on that because they argued that the amendment to the subdivision ordinance effectively rezoned their property without the benefit of public hearings or notice. Because it was the intent of staff and the Town not to exclude people and to make people aware of changes in land use regulations, staff had initiated this amendment to the zoning code, which was essentially the same language that now appeared in the subdivision code. Staff wanted to bring this amendment through advertised public hearings at both the Planning Commission and the Town Council. Property owners would not only have the opportunity to testify, but when people looked at the developability of a lot, they won't look at the subdivision code but will look at the zoning code. He said it was staffs aim to provide that information and language in both sets of the regulations so that people won't miss it. If people were purchasing property with the thought they might have the ability to split it, they might see it in the zoning code and would be able to make their decision accordingly. He said that the Planning Commission had reviewed this on August 10 and recommended approval. He stated that staff also recommended approval. Councilman McNeill asked for clarification of the application of this change. Director Valder said the subdivision regulations were not being changed. This would simply change the minimum lot width and size of a lot could be for a new lot. Councilman McNeill stated it would not matter as to what number of lots were being talked about. Mr. Farrell said it appeared that the criteria would be whether or not this would be a subdivided parcel as opposed to a metes and bounds legal description. If this lot were within an existing subdivision regardless of its size, if it were going to be redivided, this application would be applicable. If it were a metes and bounds tract of land,one that had not be subdivided and wasn't part of an existing recorded plat, then this application would not be applicable. Two or three splits of an unsubdivided lot, whether finished or unfinished, was considered a lot split. Four divisions of unsubdivided parcel, whether built or not, was a subdivision. This would be the redividing of recorded lots. Metes and Bounds descriptions were not recorded; only plat maps were recorded. Mark Van Boeckel, Cabrillo Drive. He felt it was important to keep the neighborhood character. He was in favor of the amendment. Mary Vast, Inca Ave. She felt this amendment would protect the existing neighborhoods. Bob Prather, 15312 E Sierra Madre He requested that the Council approve the amendment Dick Smith, Sierra Madre He supports the amendment. Bob Vast, Inca He was in favor of the amendment. Janice Aberson, 15411 Tepic Lane She supported the amendment. Charlie Maxwell, attorney representing Prather and Aberson 4111 He supported the amendment. George Post, 17014 E. Rand He said he would trade them for a small lot. Mayor Morgan reconvened the regular session at 9:35 p.m. AGENDA ITEM#15CONSIDERATION OF ORDINANCE 00-19 AMENDING CHAPTERS 5 AND 10 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY PROVIDING ADDITIONAL REGULATIONS AND RESTRICTIONS REGARDING LOT SIZE AND LOT WIDTH FOR PROPOSED SINGLE-FAMILY-ZONED LOTS SO THAT RE-SUBDIVIDED SINGLE-FAMILY- ZONED LOTS WOULD BE CONSISTENT IN SIZE AND WIDTH OF EXISTING PLATTED LOTS IN THE IMMEDIATE VICINITY, CASE NUMBER Z2000-13. Councilwoman Ralphe MOVED to approve Ordinance 00-19 as presented and Councilman McNeill SECONDED the motion. Councilman Wyman clarified that it had been the subdivision ordinance, which had previously been amended and not the zoning ordinance. Councilwoman Ralph said this amendment benefited the community at large, neighborhoods, and fair-minded individuals. • The motion CARRIED unanimously. Ordinance Number 2000.19 Amend Zoning Ordinance Chapters 5 and 10 Lot Size/Split/Width Restrictions - 9/21/00 ORDINANCE 00 - 19 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, CHAPTER 5, SECTION 5.03 AND CHAPTER 10, SECTION 10.09 OF THE ZONING ORDINANCE FO THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FO THE TOWN OF FOUNTAIN HILLS TO PROVIDE ADDITIONAL REGULATIONS AND RESTRICTIONS REGARDING LOT SIZE AND LOT WIDTH FOR PROPOSED SINGLE FAMILY ZONED LOTS SO THAT RESUBDIVIDED SINGLE FAMILY ZONED LOTS WOULD BE CONSISTENT IN SIZE AND WIDTH WITH EXISTING PLATTED LOTS IN THE SAME ZONING DISTRICT IN THE IMMEDIATE VICINITY. WHEREAS, The Town of Fountain Hills adopted Ordinance 93-22,on November 18, 1993, which adopted The Zoning Ordinance for the Town of Fountain Hills,and; WHEREAS, Chapter 2, Section 2.01 of the zoning Ordinance for the Town of Fountain • Hills,provides for a procedure to amend said ordinance,and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to provide additional regulations and restrictions regarding lot size and lot width for proposed single-family zoned lots so that resubdivided single-family zoned lots are consistent in size and width with existing platted lots in the same zoning district in the immediate vicinity,and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed,and; WHEREAS, The Town of Fountain Hills has rewritten Chapter 5, Section 5.03 and Chapter 20,Section 10.09 of the Zoning Ordinance of the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, the Times of Fountain Hills and Rio Verde on July 26, 2000,august 2,9, 16,23 and 30,2000 and; WHEREAS, Public hearings were advertised in the, and in the July 26, 2000, and in the August 2, 9, 16, 23 and 30,2000 editions of the Times of Fountain Hills and Rio Verde,pursuant to Arizona Revised Statutes§9-462.04,and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on August 10,2000 and by the Fountain Hills Town Council on September 7,2000. • NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Page l of 4 O Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance of the Town of Fountain Hills, Chapter 5, Section 5.03 and Chapter 10, Section 10.09 of the Zoning Ordinance for the Town of Fountain Hills shall be amended as follows, with text to be added shown as double underlined and text to deleted shown as cross out: CHAPTER 5 GENERAL PROVISIONS A. No lot may be divided to create a lot not in conformance with these regulations. No lot shall be divided or combined in any manner other than through subdivision procedures as specified by the subdivision regulations of the Town of Fountain Hills. B. In addition to mee ing the minimum to wid h and to ar a r gulations of Section 10.09 of this ordinance, y proposed single-family zoned lot shall have a lot width and lot size that is consistent with the lot widths and lot sizes existing platted lots in the imm a fiat vi ini v I of width onsis n w shall mean that no lot shall he •r e a d having less han nin v (90) percent of the lot width of th a av rage of all platted lots in the same zoning district that ar located within 800 f t of h lLposed lot 1 o siz consistency shall mean that no lot shall he r a d having less than ninet(percent of the lot siz of the average of all platted lots in the sam zoning distri t tha ar to ca d within 8(0 feet of the i s s •4 s CHAPTER 10 SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS: R-190,R1-43, R1-35,R1-35h,R1-18,RI-10,R1-10a,R1-8,R1-8a,R1-6,R1-6a The chart which follows specifies the minimum lot sizes, minimum lot width, maximum building heights, minimum yard setbacks, lot coverage percentages,and distance between buildings i Page 2 of 4 414. FOUNTAIN HILLS ZONING ORDINANCE SUMMARY SINGLE FAMILY DISTRICT DISTRICT AREA WIDTH BLDG LOT I)IS (SQ.FEET) (FEET) HEIGHT COVERAGE BE] (FEET) B L[ (FEI MINIMUM YARD SETBACKS FRONT SIDE STREET REAR SIDE R I-190 190,000f 300g 30 60 30 60 d 60 5';, 6 R 1-43 43,560f 145g 30 40 30 40 d 40 15% 6 R 1-35 35,000f I45g 30 40 20 20 1O 20% 6 RI-35H 35,000f I45g 30 20 20 20(I 40 20% 6 RI-18 18,0001 120g 30 20 I 0 20 d 30 25% 6 RI-10 10,000f 80g 30 20 7 20(I 25 30% 6 RI-I OA 10,000f 80 a,g 30 20 7 20 d 20 40% 6 RI-8 8,000f 80g 30 20 7 20 d 25 35% 6 RI-8A 8,000f 80 a,g 30 20bde 7 20 d 20 40% 6 0 RI-6 6,000f 60g 30 20 5 20 d 25 40% 6 R I-6A 6,000 c,f 60 a,g 30 20b 7 20 d 10 50% 6 a. FLAG LOTS PERMIT A 30 FOOT WIDTH PROVIDED THERE ARE NO MORE THAN 2 FLAG LOTS ADJOINING EACH OTHER. b. A SIDE ENTRY GARAGE IS ALLOWED A 10 FEET SETBACK. c. AN APPROVED P.U.D.PERMITS LOTS NO SMALLER THAN 4,500 SQUARE FEET.PROVIDED THERE IS 1,500 SQUARE FEET OF USEABLE COMMON OPEN SPACE PER LOT OR A COMBINATION THEREOF. LOTS LARGER THAN 4.500 SQUARE FEET MAY HAVE LESS THAN 1,500 SQUARE FEET OF COMMON USEABLE OPEN SPACE PER LOT IF THE COMBINATION OF LOT SIZE AND THE COMMON USEABLE OPEN SPACE IS AT LEAST 6.000 SQUARE FEET PER LOT. d. OR BUILDING HEIGHT,WHICHEVER IS GREATER. e. A GARAGE POSITIONED AT A 45 DEGREE ANGLE OR GREATER FROM THE FRONT PROPERTY LINE MUST SETBACK AT LEAST 15 FEET. f. OR A GREATER LOT SIZE TO ENSURE CONSISTENCY WITH EXISTING PLATTED LOTS IN THE IMMEDIATE VICINITY.AS CALCULATED PURSUANT TO SECTION 5.03(B). g. OR A GREATER LOT WIDTH TO ENSURE CONSISTENCY WITH EXISTING PLATTED LOTS IN THE IMMEDIATE VICINITY. AS CALCULATED PURSUANT TO SECTION 5.03(B). 110 Page 3 of 4 S PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 7th day of September,2000. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: Sharon Morgan,Mayor Cassie B.Hansen,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L.Nordin,Town Manager William E. Farrell, Town Attorney' 4111 Page 4 of 4 • 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 THEREOF, AND AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5 (GENERAL PROVISIONS) SECTION 5.03 (REDIVIDING OF RECORDED LOTS) BY DELETING SUBSECTION B THEREOF; 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 adopted Ordinance No. 93-22, which adopted the Zoning Ordinance for the Town of Fountain Hills (the"Zoning Ordinance"); and WHEREAS, the Subdivision Ordinance and the Zoning Ordinance each contain provisions relating to lot division which require conformance with size limitations tied to nearby similar property(the"Lot Averaging Provisions"); and WHEREAS, the Town Council desires to amend the Subdivision Ordinance and the Zoning Ordinance to eliminate the Lot Averaging Provisions; and WHEREAS, public hearings regarding this Ordinance were advertised in the April 24, 2013 and May 1, 2013, editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on May 9, 2013 and by the Town Council on June 6, 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. The Zoning Ordinance, Chapter 5 (General Provisions), Section 5.03 (Redividing of Recorded Lots), is hereby amended by deleting Subsection B thereof in its entirety and reserving it for future use. I 1935798.2 • SECTION 4. 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 5. 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, June 6, 2013. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: 11111 Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney S 1935798.2 2 at TOWN OF FOUNTAIN HILLS 44 P X Planning and Zoning Board of Adjustment that is my' AGENDA ACTION FORM Meeting Date: May 9, 2013 Meeting Type: Regular Agenda Type: Regular Submitting Division: Planning &Zoning Staff Contact Information: Bob Rodgers, Senior Planner,480-816-5138, rrodgers(a�fh.az.gov REQUEST TO PLANNING & ZONING COMMISSION: CONSIDERATION of the SITE PLAN for "J&D Premier Auto Sales", to locate in an existing retail plaza. Project located at 11881 N. Saguaro Blvd. (APN #176-08-114) Case #CP2013-01 Applicant: Stanley and Jerry Fuller, Owners Applicant Contact Information: 14290 E. Thoroughbred Scottsdale, AZ 85259 (928) 521-0905 Property Location: 11881 N. Saguaro Blvd, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: Zoning Ordinance Chapter 2, Section 2.05 — Plan Review Zoning Ordinance Chapter 12 — Commercial Zoning Districts Zoning Ordinance Chapter 7 — Parking & Loading Requirements Zoning Ordinance Chapter 19 —Architectural Review Guidelines Staff Summary (background): EXISTING ZONING: "C-3" — General Commercial EXISTING CONDITION: Existing Retail Plaza LOT SIZE: 16,182 sq. ft. BUILDING SIZE: 2,000 sf± existing lUMMARY: ihis is a request for approval of a Site Plan to permit the establishment of a used auto dealership in the commercial strip plaza. Page I of 4 The Fountain Hills Zoning Ordinance, Section 12.02.D.7 states; Section 12.02 Permitted Uses D. In C-3 Zoning Districts, the following uses are also permitted: 7. New and used automobile, boats, golf carts, all-terrain vehicles, motorcycles, travel trailers, recreational vehicle sales and rental including outside display area, provided all sales and repair activities are conducted within a building and subject to site plan approval of the Planning and Zoning Commission and Town Council. The commercial plaza contains approximately 2,000 square feet. The applicant proposes to occupy two of the four suites for an approximate square footage of 1,000 square feet. Primary vehicular access and parking in the plaza is via two driveway entrances onto the Saguaro Boulevard frontage road. The front parking lot is proposed to remain as angled parking with a one- way traffic flow. Directional arrows will also be added. Access and additional parking and vehicle storage are also provided from the alley in the rear of the property. The plaza has 8 customer parking spaces as required by zoning and parking is fully shared within the plaza. A 20' wide travel aisle is being maintained along the side of the building and within the front parking lot. The applicant proposes to create a vehicle display area in front of the plaza directly adjacent to the frontage road. The display area is designed for 5 vehicles and does encroach into the public right of way, up to the existing curb line. Tire stops will be installed in order to keep vehicles from overhanging into the travel way in a manner similar to other locations nearby. An additional single-vehicle display area is also proposed south of the southern entrance to the parking lot. Both display areas will be appropriately striped and signed. Staff has reviewed the proposed plans and recommends that the right of way encroachments be noted but that the applicant be allowed to maintain the display areas as proposed. EVALUATION: The Site Plan's development pattern is in conformance with all underlying Zoning Ordinance requirements. The proposed use is permitted in the C-3 zoning district with Site Plan approval by both the Planning & Zoning Commission and Town Council. It is staffs opinion that the proposed design adequately integrates into the existing overall commercial nature of the area and staff recommends approval of the plan. Risk Analysis (options or alternatives with implications): Approval of this Site Plan will allow the used auto dealership to locate at the proposed location. Denial of this Site Plan will not allow the applicant to locate at the proposed location or, will cause the applicants to re-design their proposal in an effort to receive an approval. Fiscal Impact (initial and ongoing costs; budget status): None Page 2 of 4 Staff Recommendation(s): The Town Engineer has noted concerns regarding potential sight-line issues if vehicles are parked or displayed in front near the roadway curb. Staff recommends that the Planning & Zoning Commission approve the Site Plan for "J&D Premier Auto Sales" subject to the following stipulations: 1. No occupancy permit shall be issued prior to the completion of all site improvements as depicted and approved. Said improvements must be approved by both the Town Engineer and the Zoning Administrator. 2. Applicant shall submit an amended Site Plan if necessary showing all notes and revisions required by this decision to the Zoning Administrator for review and approval prior to occupancy. 3. Applicant shall be issued an Encroachment Permit which outlines the restrictions for parking and/or displaying vehicles adjacent to the curb within the Saguaro Blvd Frontage Road as depicted on the Site Plan. Adherence to the conditions of said permit shall be mandatory. 4. Applicant shall provide measures acceptable to the town that adequately protect the existing water backflow preventer from vehicular damage as noted in item #4 of the 5/1/2013 Town Engineer's report. SUGGESTED MOTION: Move to approve the Site Plan for "J&D Premier Auto Sales" at 11881 N. Saguaro Blvd subject to the stipulations outlined in the staff report. Case #CP2013-01 Attachment(s): 1. Site Map 2. Application 3. April 26, 2013 Letter of Authorization 4. Applicant's Project Narrative 5. Aerial Site Plan 6. 5/1/13 Memo from Town Engineer Submitted by: Approved by: Bob Xodgers, 5/1/2013 p7/ S ��� Senior Planner Date Development Services Director Date 411, Page 3 of 4 Site Map - ... ,t / 1 -W-114 f �'. of 7 "C,S4A.:' • .5-,' l''''''''•1"'70,..e;1!i*' ' ;1''' r ---_,,fri.„.;,,z..,'-‘,,_.;:-.-,;',..-..,40,, ,..„-,.0.„„ ------) i f. �• "•� .S' try "'t ill X figlh' �1 •h l t•�' • S 'I IYYYYA 111 °a '-' . 1 / 7 . i ,,, , 2 '''''''14,i ''-- ',Al; ,lir...,..! .,... .,f,...'27 . *,111-11161,1::„.1 I.,..'...' Page 4 of 4 T AIN DO Not write in this space —official use only Filing Date 41z9/c3 o .. Accepted By . recci /J. c� z o = e Fee Accepted b Case Manager-B. €oc ) -that is AY11'°Q H- I 0-t-z—' - The Town of Fountain Hills 0 i 3 Planning & Zoning Division - APPLICATION Abandonment(Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan &Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary/ Final Plat Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit &Amendments n Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee. if applicable) Variance CP2013-01; (M#3975) 11881 N. Saguaro Blvd, #3 &4 PROJECT NAME / NATURE OF PROJECT: J&D Premier Auto Sales Site Plan Review(Vehicles Sales) 1st Submittal 4/29/2013 LEGAL DESCRIPTION: Plat Name Block Lot PROPERTY ADDRESS:I I / jv j 15 L1 2.0 4=1- PARCEL SIZE(Acres) ASSESSOR PARCEL NUMBER (1 to^ oS - NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING PROPOSED ZONING Applicant 3° D Prt;m�2 qu o s<)Cc5 c Mrs. St;9n-/L F L"L'� ( Jo (05 1 1 Day Phone ! Ste/ OC{. S CSeag't) Mr. Ms.Address:I E j dorcLo rec/ (eCity:Srotfselll� State: Zip:V6gE7 Email: �jrd`le re A.00.e C Y(1 .1��'^- e/✓e .G Owner Mrs. 5 di2-o r��lsF-~Ssrc'.r (53 5 ) Day Phone Mr. M ress: // A7 SW•cligeo City:f G4: State 2 Zip: 6Cr^ Ifapplication 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 Subscribed and sworn before me this day of ,20 My Commission Expires NOTARY PUBLIC MUNIS 3q 75 2 APPLICATION# go/o U.�— April 26, 2013 Town of Fountain Hills Attention: Bob Rodgers 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 Re: 11881 N.Saguaro Blvd. Dear Mr. Rodgers: Please accept this letter as formal notification that I have leased the above referenced property to JD Auto Sales. JD Auto's business will be to provide wholesale and retail car sales from this location. The lease term is from 5/15/13-11/15/13. Sincerely, • Sara Regeski State of Arizona ��/l County of Maricopa Commission 1� Expires PH Notary Date YUSS riir ?May PaORc•StafesiAdtona I`'`aS RAAR1COPACOUNTY My Commission Expires August 18,2015 pu; in ( /1"--kA4-0 Gb? c 1I N 06- R.0 i61-k) c( . T=7-1 ) Its Ai es �� os. 'FA-t I e tt2- C e<< i - -cC(� M)0 - (mil D 0 7 he sti:N)E ���� N w ' 11 kea Kv) .� os E- c-�� ✓�- th s.p 2,4) o FF 45t 5 j� 5QA-ct✓ x' g,JAL. bkUewn t I I +� s czzA wb IU e Ta .Seel RP-Qie C t -(R ( d ^)-1 � 0 cJi,&) o N ,� T1� �02o 5 u � M w-� °�-r�E- it's (�t �`' `� �'� c s Nam. r- N0C-0q (-)-) " -11•0 igua_Dcn l Oifw .hrt.c./ A a kSt nre_SS 'iliow / ,. '-'1'4,,'. .'.'.c," '..4i..."'.')','...'''''.4, ' - ... ,,...';',..,,,=. .4—':".,''t..., '---;'..,....-4,....,.'.,z,z.,... 0tik r ' ER 44— . ti . .,... . , R.1 40,1, y tr.: ... 'C4 t'' c � 2 \ # IM4111411 i::.: r' /--''f : ; - .� q , f. - IL '. c\ / ..?a &^ �" " jLCT' r5� r C. R " ,1, a S. tA G y, y M1 J+D Auto Sales—Recommended Stipulations TOWN OF FOUNTAIN HILLS Cor INTER OFFICE MEMO TO: Robert Rodgers/Senior Planner DATE: 5-1-13 CC: Paul Mood,P.E./Dev. Services Dix. FR: Randy L. Harrel, P.E. . RE: J+D Auto Sales Town Engineer �� Recommended Stipulations J+D Premier Auto Sales' (11881 N. Saguaro Blvd; CP2013-01) Concept Site Plan shows 5 display vehicles plus 1 display vehicle parked partially in the Saguaro Blvd. frontage road right- of-way, and shows"Additional Parking Inventory" in the parking area behind the building. PLAN REVIEW COMMENTS/RECOMMENDED STIPULATIONS: 1. Move display vehicles behind the front right-of-way line. This right-of-way frontage lies on the inside of a horizontal roadway curve, the critical condition for vehicular sightlines. Virtually the property's full right-of-way frontage is within vehicular driveway sightlines(from the proposed exit driveway on this property, as well as from the driveways on both adjacent commercial properties). And,the front 3' +/-behind the roadway curb lies within the roadway sightline for a northbound vehicle on the frontage road. Lir Allowing display vehicles in the public right-of-way as an approved usage also precludes using this right-of-way for any other public purpose, including for utility boxes, utility meters, potential future sidewalk, roadway clear zone, vehicular sightlines, frontage landscaping, etc. 2. Provide a gate at the Alley (normally closed and pad-lockable). The existing rear masonry wall obstructs vehicular sightline into the Alley at this rear driveway. Providing a rear gate will eliminate the current casual, blind access onto the Alley. 3. Verify that the front parking layout provides acceptably sized parking spaces and aisle widths in accordance with the Town's Zoning Ordinance. The adequacy of the applicant's proposed drive aisle (and the depth of the existing parking spaces) cannot be determined from the applicant's drawing. It appears from our aerial photogrammetry that the existing parking space stripes do not provide the full parking space depth required by the Zoning Ordinance, and that the proposed drive aisle will not actually have the width indicated in his site plan. 4. Provide adequate protection from vehicular damage (or relocation) for the existing water backflow preventer. ��TAIN�l� TOWN OF FOUNTAIN HILLS z X Planning and Zoning ° va �. ' Board of Adjustment 91, •� opro th$t is my. AGENDA ACTION FORM Meeting Date: May 9, 2013 Agenda Type: Discussion 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: DISCUSSION with possible direction to staff regarding INITIATING amendments to both the Fountain Hills Subdivision Ordinance and the Fountain Hills Zoning Ordinance in order to allow the conversion of multi-family condominium or apartment developments to townhouse forms of ownership. Case#Z13-04 Applicant: Joshua Davis Applicant Contact Information: 12212 N. Desert Sage Dr. Unit B, Fountain Hills, AZ 85268 (708) 526-3493 Property Location: Town-wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Subdivision Ordinance Fountain Hills Zoning Ordinance Staff Summary (background): Over the past few years staff has received numerous requests from real estate agents and residents that we change the "condominium" designation of certain properties to something else such as "Gemini Home", "Attached Single-Family", or "Townhouse". The main reason for these requests has been explained as an attempt by residents to finance the purchase of, or re-finance their condominiums. Apparently, many lenders will not consider anything less than 5 units as a condominium development. Also, apparently some condominiums aren't being financed by the FHA at all. The "Townhouse", or"Attached Single-Family" dwelling designations have been cited as titles that seem to meet whatever criteria the lenders are following for loans. However, as you know, such designations have different land ownership properties which make them inconsistent with current zoning. Fountain Hills does not currently allow townhouse development under the ordinances. Issues of lot size, setbacks, unit density, and construction methods will all have to be considered in order to revise the ordinances to allow such development. Staff has received a request from Mr. Davis to amend the ordinances as necessary to allow for the conversion of existing condominium developments to a townhouse regime. This request has been made by a resident who asks that the Tanning & Zoning Commission consider initiating the amendment rather than requiring that he officially file an application for the request. Page 1 of 2 Townhouse Ordinance Case#Z13-04 LIn order to better understand and explain the differences between condominium and townhouse forms of ownership, staff has reviewed a number of definition sources. The following are good examples of the differences between condominiums and townhouses. Condominium: A condominium is generally a complex of housing units, each of which is individually owned. Typically, the owners have fee simple ownership of their personal unit. The common areas, such as sidewalks, yards, entrances, hallways, pools, tennis courts, etc. are jointly and proportionally owned by the individuals as tenants in common. By definition, a condominium has common elements and there is an association of owners organized for the purpose of maintaining, administering, and operating the common elements. It is a legal form of ownership, NOT a building style. Townhouse: A townhouse is a form of Single-Family attached housing in which each unit has its own front and rear doors that open to the outdoors but shares one or both side walls with adjacent housing units. There are no units located above another unit and each unit is separated from any other unit by one or more common fire resistant walls. A townhouse may have front and rear yards. There are no common elements jointly owned by individual tenants. This is also a legal form of ownership, NOT a particular building style. Staff has initially identified the following issues related to this type of amendment: 1. Zoning Ordinance Chapters 11, 12, and 18 would require amendments. Possibly Chapters 2, 5, and 23 as well. 2. Subdivision Ordinance Chapters 2 and 3 would require amendments. 3. Allowing for zero-lot-line development. (PUD, PAD, SUP, or Administrative) 4. Allowing for much smaller lots and higher density than the current underlying zoning would allow. 5. Allow only conversions of existing condominiums rather than permitting new construction of townhouses. (SUP, or Administrative) 6. Only allowing the conversion from condominium to townhouse regime if construction methods are adequate. 7. Requiring structural modifications prior to conversion if construction methods are not adequate. The Planning & Zoning Commission is asked whether or not you are agreeable to initiating such an ordinance amendment, or if you will require that Mr. Davis make official application for a series of amendments such as this. Risk Analysis(options or alternatives with implications): NA Fiscal Impact(initial and ongoing costs; budget status): NA Staff Recommendation(s): Staff requests direction, through consensus, as to whether or not the Commission is willing to consider initiation of these amendments. If yes, staff will prepare reports and schedule an initiation hearing. If no, staff will advise the residents as to their options for formally requesting the amendments. SUGGESTED MOTION: NA—This item is for discussion only. Attachment(s): 1. March 27, 2013 fetter from Joshua Davis 2. February 22, 2013 e-mail from Joshua Davis 3. April 30, 2013 Building Code memo Submitted by: Approved b lRo6ert Rodgers 11 4/30/2013 LA / Name/Title Date Development Services Director ate Page 2 of 2 Joshua Davis Le- 12212 N Desert Sage Dr.Unit B•Fountain Hills,AZ 85268•Phone:708-526 3493• EMail:,josluicarly'.2yahoo.com Date: March 27, 2013 Zoning Administrator Planning and Zoning Division Dear Zoning Administrator: Per our discussion on March 5th 2013 I am requesting a change in an Ordinance. I am requesting for condo to townhouse conversion to all homes deemed Gemini in the town of Fountain Hills. Currently there are more than two hundred properties deemed Gemini in Fountain Hills, which are actually condos. Due to the recent crash in the housing market there has been many changes to the guidelines in receiving a home loan. Cornerstone Mortgage Group, Inc. states, "The "Gemini" homes - also known as Condos are difficult for financing for owners and buyers because they do not meet typical Condo Standards with an HOA. It is difficult for Buyers to purchase these home types with financing, thus limiting the market for the sellers to Cash Only Buyers. These homes are geared toward first time homebuyers that are just getting started. Many of these homebuyers need FHA financing for qualifying and these homes cannot be financed with FHA loans. Additionally Homeowners that have already purchased with cash or with private money that would like to refinance for better terms or to take some cash out of their equity, they are unable to due to the property type." I am hoping to work together with you to help convert Gemini homes into townhomes. This will allow owners of Gemini homes to refinance and or sell their properties within the new guidelines that are in place. Currently our hands are tied. Please consider working with all of us who want to be free of this burden. Sincerely, Josh Davis • From: Joshua Davis [mailto:joshncarly@yahoo.com] Sent: Friday, February 22, 2013 2:58 PM To: ozc(afh.az.gov Subject: Zoning Laws Dear Commissioners, • I currently own a gemini home in Fountain Hills that is on a 10,000 square foot lot, is only attached by a breeze way and is deemed as a condo.We have had extreme difficulty selling our home because no one can obtain financing for it since it is deemed a condo.Technically, it is a patio home, however, we would be happy to knock down the common archway in order to be deemed a town home. I talked to Mike about a year of two ago about this issue and now I believe its time for something to be done. Please give me further information and instructions to proceed. Thank you all for your time and effort in this matter. Josh Davis 708 526 3493 • 12212 N. Desert Sage Dr. Unit B Fountain Hills, Az • �Mr► Low �C�IN9r41 Town of FOUNTAIN HILLS Development Services Department Planning & Zoning Division 0 that is o A April 30, 2013 Townhouse Conversion Criteria: In order to be classified as a Townhouse all of the following must be true. 1. The Single-Family dwelling unit shall be in a group of two(2) or more units, with each unit extending from the foundation to the roof and with no open space on at least two sides. 2. Units shall have either two(2) one-hour separation walls or, one(1) two-hour fire wall separating the units from each other. 3. Fire rated separation walls shall extend thirty inches(30") above the roof as parapet walls or the roof shall be class C rated, installed on top of non- combustible sheathing or fire retardant treated plywood for a minimum of four feet(4') on each side of the walls. 4. Each townhouse shall be structurally independent except for the foundation. 5. Separation walls that are two(2) hour rated shall not contain any openings, plumbing, mechanical, ducts or vents. The two(2) one-hour walls shall have all penetrations protected by a through penetration fire stop system or membrane penetrations by fire stop assemblies. If all of these code provisions are met, submit proof in the form of architectural plans for review. If plans are approved, an on-site inspection will be conducted to verify compliance. Full access will be needed. L 16705 E.Avenue of the Fountains—Fountain Hills,Arizona 85268—(480)816-5122-Fax(480)837-3145