HomeMy WebLinkAboutPZ.2013.0509.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
PLANNING & ZONING COMMISSION
MAY 9, 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, Gene Slechta 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 Stan Connick present
Commissioner Mike Archambault present
Commissioner Steven Harris present
Commissioner Angela Strohan present
Commissioner Richard Turner present
Commissioner Gene Slechta present
CALL TO THE PUBLIC
No one wished to speak.
CONSENT AGENDA
AGENDA ITEM#1
1. CONSIDERATION of APPROVING the regular session meeting minutes of the
Planning and Zoning Commission dated Thursday,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
to have a drive-thru window. (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.
Page 1 of 10
5. CONSIDERATION of an extension of the SPECIAL USE PERMIT for Firerock Plaza to have
an outdoor patio/dining area. Case Number SU2007-06.
Commissioner Richard Turner MOVED to APPROVE the consent agenda as written.
Commissioner Mike Archambault SECONDED. A roll call was taken and the MOTION
CARRIED 7-0.
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
Commissioner Gene Slechta aye
AGENDA ITEM #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.
Robert Rodgers mentioned that Town Council initiated this ordinance amendment at their March
7, 2013, regular meeting. Mr. Rodgers explained that Council had directed staff to draft the
amendment so as to allow movie theatres to locate within the C-1 zoning district, as permitted
uses. Mr. Rodgers pointed out that theatres are currently permitted uses in the C-2, C-3, and
TCCD zoning districts. He added that theaters are also permitted in the Industrial-1 and
Industrial-2 districts since those districts allow any use which is permitted in the C-3 district.
Mr. Rodgers pointed out by approving this amendment theatres would be allowed to be located
within areas zoned C-1. He continued to say that the Commission's denial would keep the
ordinance provisions as they are currently. Mr. Rodgers also presented a PowerPoint
presentation. (See Exhibit"A")
Staff recommended that the Planning and Zoning Commission forward a recommendation that
the Town Council approve the proposed zoning ordinance text amendment as presented.
Public Hearing Opened at 6:35 p.m.
Town Councilmember Cecil Yates spoke in support of this zoning ordinance text amendment
with no specific project in mind. (See Exhibit"B")
There were no other speakers.
Public Hearing Closed at 6:39 p.m.
•
Page 2 of 10
111. AGENDA ITEM #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.
The Commission discussed various C-1 zoning districts within the Town and then focused
mainly on the C-1 areas off of Shea Boulevard.
Commissioner Richard Turner pointed out that the movie theatre proposed for the downtown
area had requested a variance because of the height of the theatre because it was proposed around
45 feet tall. Commissioner Turner stated that this issue should be considered in this proposed
amendment.
Commissioner Gene Slechta agreed with Commissioner Turner and pointed out that his concern
was that this amendment would water down what was zoned for residential neighborhood related
uses and not for commercial commodities, which was the intent of the C-2 zoning district.
Commissioner Slechta continued that some of the Town's C-1 zoning districts were located on
Shea Boulevard and possibly the best place to locate a movie theatre. Commissioner Slechta
asked the Commissioners to look at possibly rezoning those C-1 zoned properties on the Shea
corridor.
Commissioner Steven Harris stated that locations within the town zoned C-1 were not the best
locations and the parcels were rather small. Commissioner Harris continued that a theater in a
location such as the Fry's center would accommodate various times parking and parking would
be self regulating.
Chairman Lloyd Pew clarified that the Commission would not recommend changing any of the
ordinances and that if a project would be suggested, staff and the Commission would consider it
on the type of project and how it fits within the zoning district.
Commissioner Gene Slechta stated that movie theaters usually have late movies and that this
should be taken into consideration when approving projects in a C-1 zoning district.
Commissioner Mike Archambault reviewed numerous sites located in town and considered how
each would fit a theater. Commissioner Archambault discussed parking issues that could arise in
many of those locations.
Commissioner Mike Archambault stated that clarifying the use as a "movie theatre" should be
specified in an ordinance.
Consensus was that the Commission would prefer to look at rezoning the Shea Boulevard C-1
districts to C-2, in the future.
Chairman Lloyd Pew made a MOTION to approve staff's recommendation that the Planning
and Zoning Commission forward a recommendation that the Town Council approve the
proposed zoning ordinance text amendment to Chapter 12, Section 12.02, as presented.
•
MOTION DIED due to Lack of a Second.
Page 3 of 10
40 Commissioner Richard Turner made a MOTION to recommend denial and Vice-Chairman
Angela Strohan SECONDED and the MOTION carried 6-1, with Chairman Lloyd Pew voting
nay.
Mr. Rodgers asked the Commission if they would like to forward an explanation with their
recommendation on to the Town Council. Commissioner Richard Turner gave the following
comments:
1. C-1 proposed theatre properties could possibly be approved by a Special Use Permit or
P.U.D. initiative or some other means to rezone C-2. — Bi-pass Board of Adjustment
hearing with approval by this type of initiative.
2. Theatres are bulky buildings by design and were not compatible with most C-1 zoned
properties.
Commissioner Mike Archambault made a MOTION that the Planning and Zoning Commission
send a recommendation back to the Town Council that after some consideration,the Commission
was agreeable to the rezoning of three different C-1 zoned properties on Shea Boulevard to C-2
zoning district. Commissioner Steven Harris SECONDED and the MOTION carried 7-0.
AGENDA ITEM#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.
Mr. Rodgers stated that this was a proposed text amendment to Section 3.08.H of the Subdivision
Ordinance and to Section 5.03.B of the Zoning Ordinance. Mr. Rodgers added that the
amendments were initiated by the Planning and Zoning Commission at a regular meeting on
March 14, 2013.
Mr. Rodgers mentioned that Town Council originally adopted the Town's Subdivision
Ordinance Section 3.08.H on March 16, 2000 and Section 5.03.B of the Zoning Ordinance was
adopted in September 2000. Mr. Rodgers pointed out that the purpose for these ordinances at
that time was to assure compatibility with the surrounding platted properties. Mr. Rodgers added
that during discussions, Commission members expressed concerns that the regulations were not
uniform in their effects on all properties within the same area and actually unfair to some
properties due to the large adjacent parcels, which could skew the average lot size and width
calculations. In addition to the underlying zoning requirements, the sections also impose
additional minimum lot width and area requirements so that lots must remain within 90% if the
average of like-zoned surrounding properties that are within 800 feet whenever the lot
dimensions were altered or the lots were re-platted. Mr. Rodgers summarized that the
Commission had noted that the standard 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 were at times, over-burdensome.
Page 4 of 10
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4
1 0
Mr. Rodgerspointed out that the Commission opened the Public Hearin
g p on April 11, 2013 and
that Public Hearingwas continued to Ma
y 9 2013, for additional information.
nformation.
Staff recommended that the Planning and 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.B, as presented.
Public Hearing Opened at 7:00 P.M.
No one from the public wished to speak.
Public Hearing Closed at 7:00 P.M.
AGENDA ITEM #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 Town of Fountain Hills Zoning
Ordinance. Approval of the amendment will delete both sections from the ordinance. Case
Number Z2013-01.
Commissioner Slechta wanted to Commission to consider larger lots and surrounding properties
• and the reason this ordinance was approved as part of the ordinance. Commissioner Slechta also
requested that the Commission consider how this amendment could impact property values and
the character of the neighborhoods. Commissioner Slechta stated that a possibility of improving
the ordinance should be considered such as instead of using average lot sizes the ordinance could
state median size of lots in the neighborhood. Commissioner Slechta also stated that he felt the
90%area rule was extreme and it could be reduced to ,for example, 75%. Commissioner Slechta
added that he saw no reason to use the 90% rule for property width. Commissioner Slechta
requested some consideration be given to amending some of the ordinance without eliminating
an ordinance designed to protect the character of neighborhoods and therefore property owners.
Commissioner Slechta saw no reason to eliminate these sections in the Town's Zoning
Ordinance.
Commissioner Stephen Harris stated that approval and recording of final plats dictated the
neighborhood zoning guidelines and he would like to see the 90% section go away because there
seems to be no purpose. Commissioner Harris added that if the property met the zoning
ordinances regulations then the lot split should be approved.
Commissioner Richard Turner stated he was in favor of the removal of both sections and saw
both sections as unfair for one property owner to be approved for a lot split when others were not
because of these restrictions. Commissioner Turner added that through the property rights
perspective it would be a good thing to remove these sections.
Chairman Lloyd Pew agreed with Commissioner Turner and stated that these sections were
® unfair treatment of different lots that are in the same zoning district. Chairman Pew pointed out
that zoning districts have a list of items that dictated what was allowed and what was not.
Page 5 of 10
Commissioner Mike Archambault made a MOTION 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.B, as presented.
Commissioner Richard Turner SECONDED and the MOTION passed 6-1, with Commissioner
Gene Slechta voting nay.
AGENDA ITEM #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.
Robert Rodgers, Senior Planner gave the presentation and included a PowerPoint. (See Exhibit
"C"). Mr. Rodgers explained that this was a request for approval of a Site Plan to permit the
establishment of a used auto dealership in the C-3 zoning district strip plaza with the approval of
the P&Z Commission and Town Council.
Mr. Rodgers stated that the applicant would occupy 2 of the 4 suites in the retail plaza where
Sunset Pools formerly occupied. (See Exhibit"C")
Mr. Rodgers explained that the Town Engineer had noted some concerns regarding potential
sight-line issues if vehicles were parked or displayed in front near the roadway curb.
• Mr. Rodgers stressed that the primary vehicular access and parking in the plaza was via two
driveway entrances onto the Saguaro Boulevard frontage road. He continued to say that
directional arrows would be added and that access and additional parking and vehicle storage
were also provided from the alley in the rear of the property. Mr. Rodgers pointed out that the
plaza had 8 customer parking spaces which are fully shared within the plaza. A 20' wide travel
aisle was being maintained along the side of the building and within the front parking lot. Mr.
Rodgers noted that the applicant proposed to create a vehicle display area in front of the plaza
directly adjacent to the frontage road with tire stops installed to keep vehicles from overhanging
into the travel way similar to other locations nearby.
Mr. Rodgers added that the proposal was to create a display area in the front for up to 6 vehicles
as follows:
• One additional display vehicle would be placed near the south parking lot entrance.
• Concrete wheel stops would be placed to keep the font ends of displayed vehicles behind
the existing street curb.
}
• The existing backflow preventer in front would be protected from damage with bollards
or wheel stops, as well.
• The parking lot drive aisle would be made one-way and directional arrows would be
painted on the pavement.
• The plaza was required to have 8 parking spaces. These would remain. No customer
• parking spaces would be used for vehicle display.
• Additional inventory storage would be in the back.
Page 6 of 10
Staff recommended that the Planning and 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. (See Exhibit"E").
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 Boulevard
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 May
1,2013, Town Engineer's report. (See Exhibit"D")
Mr. Stan Fuller was present representing his son regarding this request and stated that the
business would like to open in June 2013. (See Exhibit"D"and Exhibit"E")
Commissioner Richard Turner asked Mr. Fuller if the applicant would be willing to provide
landscaping in the front to soften and enhance the frontage road to Saguaro Boulevard. Mr.
Fuller did not see a problem except the driveway was paved. Mr. Fuller stated that his son had
spoken of placing concrete pots on the site in front of this business location to soften the area.
Commissioner Mike Archambault asked Mr. Fuller about The Town Engineer's requested to
move vehicles behind the right-of-way and would he be willing to abide by this stipulation. Mr.
Fuller answered that there lacked area to display autos and pointed out that in this business autos
needed to be displayed in front of the business. Mr. Fuller would like the same consideration as
the other dealers off of Saguaro Boulevard.
Commissioner Gene Slechta had an issue with the parking of the vehicles on the property.
Commissioner Slechta requested that the applicant park all six of the autos together instead of
five autos together and one next to the building adjacent to this property.
Mr. Rodgers pointed out that the applicant would paint one-way arrows on the drives.
Vice-Chairman Angela Strohan asked about additional signage. Mr. Fuller answered that the
current signage on the building with "J&D Auto Sales" inserted would be utilized and no
additional signage would be needed.
Commissioner Mike Archambault pointed out that current auto sale businesses located off of
• Saguaro Boulevard displayed autos that extended into the right of way. Chairman Lloyd Pew
Page 7 of 10
added that he did not think it was fair to add that stipulation to this request and to fail to enforce
the issue with the other auto sales.
Commissioner Mike Archambault made a MOTION to approve the Site Plan for "J&D Premier
Auto Sales"at 11881 N. Saguaro Boulevard subject to the stipulations outlined in the staff report
and add a stipulation requested by Vice-Chairman Strohan to include some kind of landscaping
towards the frontage road of Saguaro Boulevard. Commissioner Steven Harris SECONDED.
Commissioner Gene Slechta requested to amend the MOTION to include the applicant would
display up to six autos beside each other instead of display five together with one against the
building next store. The AMENDMENT FAILED due to lack of SECOND.
Chairman Lloyd Pew returned to the main MOTION and the MOTION PASSED 6-1, with
Commissioner Gene Slechta voting nay.
AGENDA ITEM #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. Case Number Z2013-04.
Mr. Rodgers stated that staff had 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 had been explained as an attempt by residents to finance the purchase of, or re-finance
their condominiums and many lenders would not consider anything less than 5-units as a
condominium development and some are not financed by the FHA at all.
Chairman Lloyd Pew reiterated that no action would be taken because this was a discussion item
only.
Commissioner Stephen Harris pointed out that a conversion of a condominium could be
problematic if there were a second floor. He continued to say that in his opinion if the zoning
designations for a townhome were in place and all requirements were met he would be in
support.
Commissioner Richard Turner stated that an amendment to allow conversions would create all
kinds of challenges. He added that "Gemini" homes were mostly located in the R-2 zoning
district, which allowed duplex development. Commissioner Turner continued to say that the
Town has always permitted condominiums in this zoning but required deed restrictions such as
establishing homeowner associations because of the common areas as well as limited common
elements. Commissioner Turner added that there would be issues with common walls as well as
limited common elements. Commissioner Turner expressed that it was more complicated than
just revising the R-2 regulations to state that now the owners could have two lots. He mentioned
that there would be double the density in some cases. Commissioner Turner said that he was
proposing just for discussion that maybe a minor PAD or equivalent on an applied case by case
411) basis as opposed to a blanket amendment would be better.
Page 8 of 10
Chairman Lloyd Pew stated he had converted many duplexes into condominiums and just
changing the name of what a building was or the type of ownership would not take away an FHA
problem. Chairman Pew added that because of the walls inside these condominiums; the
separation; possible shared attics would keep the condominiums/townhomes from passing
requirements of the building code.
Request to speak cards were received from the following: (See Exhibit"F")
1. Jay Boersma, Mortgage Consultant, explaining the Mortgage Consultant position.
2. Cecil Yates, Town Councilmember, in support of a change in the ordinances.
It was determined that the Commission would form a subcommittee to research and make a
recommendation to the Commission. The subcommittee would address issues of lot size,
setbacks, and unit density and construction methods. Mr. Rodgers added that all of these issues
would have to be considered in order to revise the ordinances to allow such development.
Commissioner Gene Slechta agreed to chair the subcommittee along with Commissioner Richard
Turner and Commissioner Mike Archambault. The subcommittee will address the following
ordinances: (See Exhibit"F")
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. Possibly 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.
Jay Boersma agreed to meet with the subcommittee to answer questions they may have
concerning the mortgage lenders position. The subcommittee will also involve the Town's Chief
Building Official, Jason Field in their meetings.
AGENDA ITEM#12—COMMISSION DISCUSSION/REQUEST FOR RESEARCH
None
Page 9 of 10
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Exhibit "A"
t.,.. AGENDA ITEM#13- SUMMARY OF COMMISSION REQUEST from Senior Planner.
Form a Planning and Zoning Commission Subcommittee to study and possibly suggest an
ordinance amendment to allow condominium conversion to townhome
AGENDA ITEM #14 — REPORT from Senior Planner, Planning and Zoning Division of
Development Services.
Nothing to report.
AGENDA ITEM #15 - ADJOURNMENT.
Commissioner Mike Archambault MOVED to adjourn and Commissioner Gene Slechta
SECONDED and the MOTION CARRIED 7-0.
Chairman Lloyd Pew aye
Vice-Chairman Angela Strohan aye
Commissioner Steven Harris aye
Commissioner Mike Archambault aye
Commissioner Stan Connick aye
Commissioner Richard Turner aye
Commissioner Gene Slechta aye
The regular meeting ADJOURNED at 7:55 p.m.
FOUNTAIN HILLS PLANNING & ZONING COMMISSION
BY: �(
Chairman Lloyd E. Pew
ATTEST: �(,C.�SZ
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 9th day of May
2013, in the Town Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, AZ
85268. I further certify that the meeting was duly called and that a quorum was present.
Dated this 9th day of May 2013
Janice Baxter, Recorder
Page 10 of 10
JET AIN kl
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Town of FOUNTAIN HILLS
3 Development Services Department
• •• : Planning & Zoning Division
/hat is pay°
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
r. 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.
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