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Home My WebLink AboutPZ.2011.1110.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION NOVEMBER 10, 2011 Chairman Lloyd Pew opened the regular session of the Planning and Zoning Commission at 6:30 P.M. The following Commissioners were present: Chairman Lloyd Pew, Vice -Chairman Cecil Yates, Commissioners Richard Turner, Stan Connick, Mike Archambault, and Gene Slechta. Also in attendance were Robert Rodgers Senior Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes. Commissioner Angela Strohan was unable to attend the meeting and notified staff in advance. Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent reflection. ROLL CALL: Chairman Lloyd Pew present Vice -Chairman Cecil Yates present Commissioner Richard Turner present Commissioner Stan Connick present Commissioner Mike Archambault present Commissioner Gene Slechta present Commissioner Angela Strohan absent Commissioner Lloyd Pew welcomed the Commission's newest member Eugene Slechta who was appointed by the Town Council to fill a vacancy on the Commission after the resignation of Richard Holper. CALL TO THE PUBLIC No one wished to speak. REGULAR AGENDA AGENDA ITEM #1 — CONSIDERATION of APPROVING the regular and joint session meeting minutes of the Planning and Zoning Commission from October 13, 2011. Commissioner Mike Archambault MOVED to approve the regular and joint session meeting minutes for the Planning and Zoning Commission dated October 13, 2011. Commissioner Gene Slechta SECONDED. A roll call was taken and the MOTION CARRIED (4-0), by those present and voting. Chairman Lloyd Pew Vice -Chairman Cecil Yates Commissioner Richard Turner Commissioner Stan Connick Commissioner Mike Archambault Commissioner Gene Slechta Page 1 of 6. aye abstained (absent from meeting) aye aye aye abstained (absent from meeting) AGENDA ITEM #2 — PUBLIC HEARING of a request for a SPECIAL USE PERMIT to allow the installation of a golf ball net at 10406 N. Demeret Drive, located in the RI -8 RUPD zoning district. Case Number SU2011-05. Robert Rodgers gave the presentation and included a PowerPoint presentation (Exhibit "A"). Mr. Rodgers explained that this request was for approval of a golf ball fence along the rear and west side of the back yard at 10406 N. Demeret Drive. The fence had already been constructed and was approximately 25' tall with a black net mesh design. The fence was installed without receiving a Building Permit. These type fences could only be installed after receipt of a Special Use Permit. The fence was also built within a public utility easement and possibly partially on a neighbor's property. These deficiencies must be addressed in order for the fence to remain. The applicant, Connie Martin, explained that the fence provided significant protection to her home and protects from the reported golf balls landing in the back yard and pool areas. These golf balls are hit from the 11`h tee of the Desert Canyon Golf Course. Staff believed four of the six criteria had been met for the approval for construction of a golf ball fence by special use permit. Staff recommends that the Planning and Zoning Commission forward a recommendation that the Town Council approve the Special Use Permit for the golf ball fence, subject to the following stipulations: 1. Property Owner shall apply for, and receive a valid Building Permit for the fence. All fees and penalties shall apply. 2. Property Owner shall comply with the three items contained in the Town Engineer's review memo dated 10-25-2011. 3. Property Owner shall take the necessary steps to comply with the Fountain Hills Zoning Ordinance Golf Fence Criteria "c" within 90 days of Town Council approval or, if unable to do so, remove the fence. 4. Property Owner shall repaint the poles so as to comply with Fountain Hills zoning Ordinance Golf Fence Criteria "e" within 90 days of Town Council approval or, if unable to do so, remove the fence. Chairman Lloyd Pew opened the Public Hearing at 6:37 p.m. No one requested to speak Chairman Lloyd Pew asked if the applicant wished to speak. Ms. Connie Martin was present but did not wish to speak. Chairman Lloyd Pew closed the Public Hearing at 6:37 p.m. AGENDA ITEM #2 — CONSIDERATION of a request for a SPECIAL USE PERMIT to allow the installation of a golf ball net at 10406 N. Demeret Drive, located in the R1-8 RUPD zoning district. Case Number SU2011-05. Page 2 of 6 Chairman Lloyd Pew asked if the Commission wished to ask questions of the applicant. Commissioner Richard Turner asked the applicant if she had been in contact with the neighbor that was next door and mostly impacted by this fence. Connie Martin stated that she had not been in touch with them. Mr. Rodgers stated that one of the stipulations for approval was to contact her neighbor and if possible get a letter of approval for the building of this fence. Ms. Martin told the Commission that she did not believe she needed a building permit. Ms. Martin stated that if she had known she would have contacted the Town because this was a costly investment. Mr. Rodgers also stated that the only letter received was from a neighbor at 10414 N. Demaret Drive, next door to the applicant opposing the approval of the fence (see Exhibit `B"). Commissioner Richard Turner asked the applicant if the fence was required to be moved on to her property 25', would this be still be a valid investment. Ms. Martin answered she would question if the fence would then be of any use stopping the golf balls. Commissioner Richard Turner asked that this zoning violation be addressed immediately and not stalled in the process. Mr. Turner suggested that the Commission consider continuing this request and have the applicant make contact with the property owner involved to see if they would allow the fence to be placed on the property line. If the neighbor involved was not in agreement, then the fence would have to be placed on the applicant's property 25' from the property line. Mr. Rodgers pointed out that if the Commission wished to set a time limit for the applicant to comply that would be the Commission's choice. Commissioner Gene Slechta questioned if the golf balls were able to come through all the trees that had previously been planted on the golf course at this site. Ms. Martin answered that the golf balls do in fact come through all day long and have damaged windows and stucco walls on her home. Commissioner Cecil Yates stated that he believed the staff report and stipulations were sufficient enough and covered the necessary elements to approve his request. Commissioner Mike Archambault suggested a six (6) month sunset clause for the applicant to complete all stipulations. Commissioner Gene Slechta said that precedence was that the town's golf courses had very few fences erected because property values could be compromised and because of the possible obstruction of property owner's views. Ms. Martin, applicant, stated that the fence was hardly noticeable because of the specially ordered materials used on the fence. Commissioner Slechta agreed and stated he had walked the area before attending this meeting. Vice -Chairman Cecil Yates MOVED to forward a recommendation that the Town Council approve the Special Use Permit to allow the installation of a golf ball net at 10406 N. Demeret Drive subject to the stipulations outlined in the staff report. Also, adding that the applicant would be required to make all necessary applications within 30 days and completion of all stipulations within one (1) year. Failure to do so will mean that the fence must be removed. Commissioner Mike Archambault SECONDED and the MOTION CARRIED (5-1), with Commissioner Richard Turner voting nay. AGENDA ITEM #4 PUBLIC HEARING of a SPECIAL USE PERMIT for Verizon Wireless, to ® allow the installation of a 26' tall stealth saguaro cellular antenna array at 9800 N. Summer Hill Boulevard, located in the "R1 -6A/Resort" zoning district. Case Number SU2011-06. Page 3 of 6 Robert Rodgers gave the presentation and included a PowerPoint presentation (See Exhibit "C"). Mr. Rodgers stated that Verizon Wireless proposed to install a 26' tall Saguaro antenna, with attendant ground mounted equipment on the Inn at Eagle Mountain property located at 9800 N. Summer Hill Boulevard adjacent to the trash enclosures and the existing 35' tall T -Mobile Saguaro antenna. Mr. Rodgers pointed out that six of the factors to be considered when staff reviewed Special Use applications for towers were met, but two were not. Mr. Rodgers stated that staff recommended that the Planning and Zoning Commission forward to the Town Council a recommendation to approve the proposed Special Use Permit to allow a 26' tall Saguaro Cactus antenna located at 9800 N. Summer Hill Boulevard, subject to the following stipulations: 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. An acceptable landscaping plan for the immediate area within 25' of the tower must be submitted with the Building Permit application. Landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Subject to development in accordance with the revised plans dated 10/12/11; and drawn by Young Design Corporation. 4. 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 1% for the cost of building construction and associated site work and signage. Chairman Lloyd Pew opened the Public Hearing at 6:55 p.m. No one requested to speak Chairman Lloyd Pew closed the Public Hearing at 6:55 p.m. AGENDA ITEM #5 CONSIDERATION of a SPECIAL USE PERMIT for Verizon Wireless, to allow the installation of a 26' tall stealth saguaro cellular antenna array at 9800 N. Summer Hill Boulevard, located in the "R1-6A/Resort" zoning district. Case Number SU2011-06. Chairman Lloyd Pew asked the Commission if there were any questions of the applicant or staff. Commissioner Richard Turner asked if staff had received any comments from the neighboring properties concerning this request. Mr. Rodgers answered that no comments had been received. Page 4 of 6 Commissioner Gene Slechta requested to ask questions to the applicant. Ryan Mott of Shaw & Associates, P.L.C., 4550 N. 12th Street, Phoenix, Arizona 85014, applicant and Verizon representative was present to answer questions. Richard S. Shaw, Esq. accompanied Mr. Mott to the podium. Commissioner Gene Slechta asked about the materials used to create this tower. Mr. Mott circulated a picture of a similar tower and described the materials used (See Exhibit "D"). Commissioner Richard Turner MOVED to forward a recommendation to Town Council to approve the proposed Special Use Permit to allow a 26' tall Saguaro Cactus antenna located at 9800 N. Summer Hill Boulevard, subject to the stipulations contained in the staff report. Vice -Chairman Cecil Yates SECONDED and the MOTION CARRIED (6-0), by those present. AGENDA ITEM #6 — COMMISSION DISCUSSION/REQUEST FOR RESEARCH to the Planning and Zoning Administrator, Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) determining if a majority of Commissioners wish to request staff to conduct further research and report back to the Commission. None AGENDA ITEM #7 - SUMMARY OF COMMISSION REQUESTS ® None AGENDA ITEM #8 - REPORT from Robert Rodters, Senior Planner. Mr. Rodgers, Senior Planner congratulated Gene Slechta for his appointment to the Commission. Mr. Robert Rodgers informed the Commission that the Town Manager application deadline closed October 3 V. Resumes are being reviewed by the consultant firm and a short list will be supplied to the Council for interviews sometime soon. Reminders: The 2nd Planning and Zoning Commission meeting scheduled on November 24th has been cancelled because of the Thanksgiving Holiday. Also, the 2nd meeting scheduled on December 22nd, was cancelled by the Commissioners. Mr. Rodgers stated that currently three Board of Adjustment vacancies need to be filled. Two- two-year terms and one —one year term will be appointed. Mr. Rodgers asked the Commissioners to direct any good candidates to Ms. Baxter for details. Mr. Rodgers updated the Commission on plan reviews as follows: 1. Staff is currently reviewing the 2nd submittal of the Ellman Properties grading and drainage plans for Fountain Hills Boulevard and the park areas. 2. Staff received a Concept Plan submittal for a theatre and. two pad buildings on the vacant lot next to Town Hall. First reviews have been done and the applicant is currently working on their revisions. Page 5 of 6 1%W AGENDA ITEM #9 - ADJOURNMENT. A 11 Vice-Chainnan Cecil Yates MOVED to adjourn and Commissioner Mike Archambault SECONDED and the MOTION CARRIED (6-0), by those present. Chainnan Lloyd Pew aye Vice -Chairman Cecil Yates aye Commissioner Richard Turner aye Commissioner Stan Connick aye Commissioner Mike Archambault aye Commissioner Gene Slechta aye The regular meeting ADJOURNED at 7:03 p.m. FOUNTAIN HILLS PLANNING & ZONING COMMISSION I ! C airman Lloyd Pew CERTIFICATION ATTEST: Janice Baxter, Recorder 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 10`' day of November 2011, in the Town Council Chambers. I further certify that the meeting was duly called and that a quorum was present. Dated this 10`h day of November 2011. Page 6 of 6 Janice Baxter, Recorder Town of Fountain Hills Staff Presentation u9'�fhah is - lip Golf Net 10406 N. Demeret Drive SU #2011-05 Criteria -C,If WO f- may„,Iy be d ... IW - J- thn J -,fl) abut a eolf coarse m driving mage, h—\ , 0— , .m he d,,Ifd within Guy fma ., --id, .,,d V-60 hall f— should mly be d,,kwd within Sm.] ].,dr d (WO) fed of the f.—d-l” golf course to t,,, m driving range position. Graf courser fee'n i, Mteet against —I smmdary SM A- retry be apm,1J due to --I site w W -M IIY--I 611-1. -'C f holt f— h.11 te � bock fm, ,,y b=i. g U p. I" It I di I— th m the h c, z h the f-- G"If WH f-- —, be b,.ted newer m such . � riy N. with the poor "i.. -- ,f the ,baning—idemW pr.,em --' V -T he —i... height of. 9.1f NII fence shall - I=ftd (25) f—" -'Td. .4e, most bind i. -h backarnund 1--, . Ii -ed f— neighbming Mpenic- Iminimize its - ,whilily. N. p,Ior A41 he 14.,k. -L.A.pmph.ld he I -Id IIhm -Ppmpn- to -b-11 0r1 PIA -1 fi— the neighboring PmPwi"-' Recommendations Forward recommendation to APPROVE the Special Use Permit To allow the installation of a 25' tall Golf Ball Net at 10406 N. Demeret Drive subject to the stipulations outlined in the staff report. C— *562011,5 Exhibit "A" October 28, 2011 Mr. Robert Rodgers Planning and Zoning, Town of Fountain Hills 16705 E. Avenue of the Fountain Fountain Hills, AZ 85268 Dear Mr. Rodgers: We are writing to voice our protest of the golf fence that is located at 10406 N.Demaret Dr. Our house is located at 10414 N. Demaret Dr., right next door. We want this fence taken down. Our reasons are listed below: 1. The fence is unsightly and takes away from the majestic look of the golf course and the surroundings. 2. We feel our property value will suffer with this fence next door. 3. The fence is not tall enough to stop the type of golf balls hit towards our houses. The balls come off the tee and go up and over the eucalyptus trees that are behind the house. The renter that is there now still had to put up his own fence around the pool area, as the golf balls are stili coming into the property. 4. We did not appreciate the owner, Connie Martin, putting this fence up without calling the city and filing the proper papers, let alone the fact that she never contacted us or our other neighbors to see how we felt about it. She does not live in this house and rents it to different people all the time. This is enough of a headache for us who have to live with it. She is apparently unconcerned about the quality of living on our street and the way it looks since she doesn't live there. Please present this letter to the Fountain Hills Planning and Zoning Commission on our behalf as this is our second home and we will not be there for the hearings. This is the house we are retiring to in a few years. We very much want to maintain the beauty of the golf course and the openness that comes with living on it. As we stated before, we want the fence taken down. Thank you for yours and the Commissions consideration of our concerns. Sincerely, m and loni Ruff Exhibit "B" E Cq Eldht,,f lha p., " I.— • P—Wily,,ffbr t,,— to—id—i.1 and miJenriallr xn.id di -k, N --r ....... Aj—lf Ild .—by p,,l ,tir S. --dig t,;,phy • S--Ji- athe b-,, with p.ok.bm-f—... b, ilig—h-- i1ii-thath-, th, OT,—rrrd,a— or climirerin_ +—] bt ... 1--,, P -,,-,,d i.-,— ..d --, k, j hf,.R.bh, a,Lfi —,,— AIIN-- A—Ifill -h—I'Minot rrywrin;; the — 11" 1:ibty , f i— Exhibit "Cl I IT, 4" ANTENNA Eldht,,f lha p., " I.— • P—Wily,,ffbr t,,— to—id—i.1 and miJenriallr xn.id di -k, N --r ....... Aj—lf Ild .—by p,,l ,tir S. --dig t,;,phy • S--Ji- athe b-,, with p.ok.bm-f—... b, ilig—h-- i1ii-thath-, th, OT,—rrrd,a— or climirerin_ +—] bt ... 1--,, P -,,-,,d i.-,— ..d --, k, j hf,.R.bh, a,Lfi —,,— AIIN-- A—Ifill -h—I'Minot rrywrin;; the — 11" 1:ibty , f i— Exhibit "Cl I