Loading...
HomeMy WebLinkAboutPZ.2012.0524.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION MAY 24,2012 Chairman Lloyd Pew opened the session of the Planning and Zoning Commission at 6:44 p.m. The following Commissioners were present: Chairman Lloyd Pew, Vice-Chairman Cecil Yates, Commissioners Stan Connick, and Mike Archambault. Also in attendance were Paul Mood, Director of Development Services, Robert Rodgers Senior Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes. Commissioners Richard Turner and Gene Slechta were unable to attend the meeting due to prior commitments. Commissioner Angela Strohan did not attend the meeting. 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 Stan Connick present Commissioner Mike Archambault present Commissioner Angela Strohan absent Commissioner Richard Turner absent 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 from Thursday, April 26,2012. Vice-Chairman Cecil Yates MOVED to approve the regular session meeting minutes for the Planning and Zoning Commission dated April 26, 2012. Commissioner Mike Archambault SECONDED. A roll call was taken and the MOTION CARRIED (4-0), by those present. Chairman Lloyd Pew aye Acting Chairman Cecil Yates aye Commissioner Stan Connick aye Commissioner Mike Archambault aye C Page 1 of 4 AGENDA ITEM #2 — CONSIDERATION of INITIATING an amendment to the Zoning Ordinance to amend Section 19.05 — Public Art Requirements. If adopted, the amendment would revise the options for developer donations to the "Public Art Fund" to require that such donations be made at the time of the Building Permit issuance rather than at the time of Certificate of Occupancy issuance. Robert Rodgers, Senior Planner gave the presentation. Vice-Chairman Cecil Yates MOVED to INITIATE the amendment to the Zoning Ordinance, Chapter 19, as presented. Commissioner Mike Archambault SECONDED the MOTION. A voice vote was taken and the MOTION passed 4-0. Commissioner Stan Connick aye Commissioner Mike Archambault aye Vice- Chairman Cecil Yates aye Chairman Lloyd Pew aye AGENDA ITEM #3 — CONSIDERATION of INITIATING an amendment to the Zoning Ordinance to amend Chapters 12, 16, and 18. If adopted, the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Robert Rodgers, Senior Planner gave the presentation. Commissioner Mike Archambault MOVED to INITIATE the amendments to the Zoning Ordinance, Chapters 12, 16, and 18, as presented. Vice-Chairman Cecil Yates SECONDED the MOTION. A voice vote was taken and the MOTION passed 4-0. Commissioner Stan Connick aye Commissioner Mike Archambault aye Vice- Chairman Cecil Yates aye Chairman Lloyd Pew aye AGENDA ITEM #4 — CONSIDERATION of INITIATING an amendment to the Zoning Ordinance to amend Chapters 2, 5, 9, 10, 11, 15, and 18. If adopted, the amendment would revise the sections relating to "Temporary Use Permits" to amend, eliminate, and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits. Robert Rodgers, Senior Planner gave the presentation. Vice-Chairman Cecil Yates MOVED to INITIATE the amendments to the Zoning Ordinance, Chapters 2, 5, 9, 10, 11, 15, and 18, regarding Temporary Use Permit regulations, as presented. Page 2 of 4 Commissioner Stan Connick SECONDED the MOTION. A voice vote was taken and the MOTION passed 4-0. Commissioner Stan Connick aye Commissioner Mike Archambault aye Vice- Chairman Cecil Yates aye Chairman Lloyd Pew aye 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. NONE ',Noy AGENDA ITEM #7 — REPORT from Senior Planner, Planning and Zoning Division of Development Services. Robert Rodgers, Senior Planner wished Vice-Chairman Cecil Yates well in his new position beginning Thursday, June 7, 2012, as a Town Councilmember for the Town of Fountain Hills. Chairman Lloyd Pew also congratulated Vice-Chairman Cecil Yates on his elected position. Vice-Chairman Cecil Yates expressed his appreciation to Town Staff and Commission for allowing him to serve on the Planning and Zoning Commission. AGENDA ITEM#8 - ADJOURNMENT. Vice-Chairman Cecil Yates MOVED to adjourn and Commissioner Stan Connick SECONDED and the MOTION CARRIED (4-0), by those present. Chairman Lloyd Pew aye Vice-Chairman Cecil Yates aye Commissioner Stan Connick aye Commissioner Mike Archambault aye The regular meeting ADJOURNED at 7:04 p.m. Page 3 of 4 FOUNTAIN HILLS PLANNING & ZONING COMMISSION 411 BY: i z7,72..r--- Chairman Lloyd E. Pew ATTEST: 5"(- Lice 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 24th day of May 2012, in the Town Council Chambers. I further certify that the meeting was duly called and that a quorum was present. Dated this 24th day of May 2012. 4a-#7t'`- Janice Baxter, Recorder Page 4 of 4 I AIN ,, 4,,,, REGULAR MEETING NOTICE ? b • ' OF THE 9'Zfhat is Acvi', PLANNING AND ZONING COMMISSION Commission Members: Chairman Lloyd Pew and Vice-Chairman Cecil Yates Commissioners:Angela Strohan,Richard Turner,Stan Connick,Mike Archambault and Eugene Slechta Pursuant to A.RS. 38-431.02, notice is hereby given to the members of the Fountain Hills Planning and Zoning Commission and to the general public that the Fountain Hills Planning and Zoning Commission will hold a regular meeting, which is open to the general public, on May 24, 2012, at 6::30 p.m. in the Town Hall Council Chambers at 16705 E.Avenue of the Fountains, Fountain Hills,Arizona. TIME: 6:30 P.M. —REGULAR SESSION WHEN: THURSDAY,MAY 24,2012 WHERE: TOWN HALL COUNCIL CHAMBERS 16705 E.AVENUE OF THE FOUNTAINS PROCEDURE FOR ADDRESSING THE PLANNING&ZONING COMMISSION Anyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Secretary prior to Commission discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Secretary's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Secretary or the Chairman. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause,protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not allowed. Please be respectful when making your comments. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not(i) reserve a portion of their time for a later time or(ii) transfer any portion of their time to another speaker. If there is a Public Hearing,please submit the speaker card to speak to that issue prior to the beginning of the Public Hearing and the Consideration of said issue. Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by (i) discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Commission at Meeting or(iii)the Chairman either prior to or during a Meeting. If you do not comply with these N rules,you will be asked to leave. Planning and Zoning Commission Agenda Page 1 of 3 REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Lloyd Pew * MOMENT OF REFLECTION—Chairman Lloyd Pew * ROLL CALL—Chairman Lloyd Pew CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G),public comment is permitted(not required)on matters not listed on the agenda.Any such comment (i) must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during"Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Commission members may(i) respond to criticism, (ii)ask staff to review a matter or(iii) ask that the matter be placed on a future Commission agenda. (1) CONSIDERATION of APPROVING the Special Session meeting minutes with the Planning and Zoning Commission meeting minutes from APRIL 26,2012. (2) CONSIDERATION of INITIATING an amendment to the Zoning Ordinance to amend Section 19.05—Public Art Requirements. If adopted,the amendment would revise the options for developer donations to the"Public Art law Fund"to require that such donations be made at the time of the Building Permit issuance rather than at the time of Certificate of Occupancy issuance. (3) CONSIDERATION of INITIATING an amendment to the Zoning Ordinance to amend Chapters 12, 16, and 18. If adopted,the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. (4) CONSIDERATION OF INITIATING an amendment to the Zoning Ordinance to amend Chapters 2, 5,9, 10, 11, 15,and 18. If adopted,the amendments would revise the sections relating to"Temporary Use Permits"to amend, eliminate,and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits. (5) COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Items listed below are related only to the propriety of(i)placing such items on a future agenda for action or(ii) directing staff to conduct further research and report back to the commission: NONE (6) SUMMARY OF COMMISSION REQUESTS from Senior Planner. (7) REPORT from Senior Planner,Planning and Zoning Division of Development Services. 7(8) ADJOURNMENT Planning and Zoning Commission Agenda Page 2 of 3 upporting documentation and staff reports furnished to the Commission with this agenda are available for review in the Tanning&Zoning Division of the Development Services Department. DATED this 16t'day of May 2012 By: /1 Robert odgers, Senior Planner Plan ' g and Zoning Division The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1-800-367-8939 (TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions,parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded,and,as a result,proceedings in which children are present may be subject to such recording. Parents in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made,the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived." C { C Planning and Zoning Commission Agenda Page 5+Af 3 �yTAIN�l TOWN OF FOUNTAIN HILLS O Z X Planning and Zoning Board of Adjustment zha-..._t .!my' AGENDA ACTION FORM Meeting Date: May 24, 2012 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 meeting minutes from April 26, 2012. Applicant: N/A Applicant Contact Information: N/A (Property Location: N/A Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): Approval of the Planning and Zoning Commission Regular meeting minutes from April 26, 2012. 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 meeting minutes dated April 26, 2012, as presented. Attachment(s): Submitted by: Xaiziee gd;t4z ex May 15, 2012 Name/Title Date Approved by: Rodgers, Senior Planner L� Y3te Page 1 of 1 aAIN 4 TOWN OF FOUNTAIN HILLS o 44 X Planning and Zoning Board of Adjustment that is my' AGENDA ACTION FORM Meeting Date: May 24, 2012 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 INITIATING an amendment to the Zoning Ordinance to amend Section 19.05 — Public Art Requirements. If adopted, the amendment would revise the options for developer donations to the Public Art Fund to require that such donations be made at the time of the Building Permit issuance rather than at the time of Certificate of Occupancy issuance. Applicant: The Town of Fountain Hills Applicant Contact Information: Planning & Zoning Division - Robert Rodgers, Senior Planner r'roperty Location: N/A Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 2 — Section 2.04 — Concept Plan Review Fountain Hills Zoning Ordinance Chapter 18 — Section 19.05 — Public Art Requirements Staff Summary (background): The requirement that Public Art contributions be made at the time of Occupancy Permit approval for Commercial, Industrial, or Multi-Family development projects has proven to be problematic for the Building Safety Division over the past few years. On occasion, Building Division staff has had to hold back Certificates of Occupancy after a building has been constructed due to the applicant's not having met the public art requirement. Additionally, this requirement has occasionally slipped through the cracks and Certificates of Occupancy have been issued in error due to the current permit tracking software's inability to flag this requirement in the system. As the responsibility for collecting the public art donations rests with the Building Safety Division, they have requested that the ordinance be amended to require that the donations (cash or as an actual art piece) be made up front at the time the Building Permit is issued. If this recommended amendment is approved, a mechanism will also be added to note that cash contributions will be non-refundable should the project fail to develop. However, actual Public Art pieces that are donated at the time of Building Permit issuance could be returned. .tisk Analysis (options or alternatives with implications): Page I of 2 Fiscal Impact (initial and ongoing costs; budget status): N/A Recommendation(s): N/A staff Recommendation(s): Staff recommends that the Planning & Zoning Commission vote to INITIATE the Public Art zoning ordinance text amendments. SUGGESTED MOTION: Move to INITIATE the amendments to the Zoning Ordinance Chapter 19 as presented. Attachment(s): Draft Zoning Ordinance Revision Submitted by: _ Bob Rodgers, Senior lanner May 14, 2012 Name/Title Date Approved by: 7iy// Develd ment ervices Director Date p Page 2 of 2 EXISTING ZONING: Section 19.05 I. Public Art Requirement: 1. All development proposals subject to Design Review under this Chapter shall be required to provide 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; or b. A donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. 2. The value of construction costs will be determined by the Town using standard valuation procedures at the time of application. 3. Applicants are encouraged to meet with the Fountain Hills Cultural Council for recommendations when considering exterior public art selections. CROPOSED ZONING: Section 19.05 I. Public Art Requirement: 1. All development proposals subject to Design Concept Plan Review under this Chapter shall be required to provide one of the following prior to the issuance of a Certificate of Occupancy Building Permit: 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; or b. A non-refundable donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1%of the cost of building construction and associated site work and signage. 2. The value of construction costs will be determined by the Town using standard valuation procedures at the time of application. 3. Applicants are encouraged to meet with the Fountain Hills Cultural Council Public Art Committee for recommendations when considering exterior public art selections. C FAIN TOWN OF FOUNTAIN HILLS 44. 7 X Planning and Zoning z ri yaw Board of Adjustment 90 � 1.0 (bar is o AGENDA ACTION FORM Meeting Date: May 24, 2012 Meeting Type: Regular Agenda Type: Regular Submitting Division: Planning & Zoning Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers(c�fh.az.gov REQUEST TO PLANNING & ZONING COMMISSION: CONSIDERATION of INITIATING an amendment to the Zoning Ordinance to amend Chapters 12, 16 and 18 . If adopted, the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Applicant: The Town of Fountain Hills Applicant Contact Information: Planning & Zoning Division - Robert Rodgers, Senior Planner Property Location: N/A Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 12 — Section 12.02.B.1.t — Commercial Zoning Districts Fountain Hills Zoning Ordinance Chapter 12 — Section 12.02.C.18 — Commercial Zoning Districts Fountain Hills Zoning Ordinance Chapter 12 — Section 12.04.0 — Commercial Zoning Districts Fountain Hills Zoning Ordinance Chapter 16 — Lodging Zoning Districts Fountain Hills Zoning Ordinance Chapter 18 — Section 18.03.B.23 —Town Center Commercial Zoning District Staff Summary (background): Staff receives numerous inquiries from restaurants regarding whether or not they can create outdoor seating areas for their customers to use during the cooler months. Currently, the TCCD zoning district is the only district that permits NON-enclosed outdoor seating areas. Enclosed outdoor seating areas are permitted accessories in the C-2, C-3, L-1, L-2, and L-3 zoning districts, and enclosed outdoor seating areas are allowed by Special Use Permit in the C-C and C-1 zoning districts. The proposed ordinance amendments will provide all restaurants which are already permitted uses and located within commercial or lodging zoning districts with the option of creating on-site outdoor seating areas for their customers without the requirement that they obtain a Special Use Permit or that they necessarily have to enclose the patio area. Restaurants that do not serve alcohol would be provided the option of not installing a fence or similar barrier ground their seating areas. Restaurants that serve alcoholic beverages would still be required to enclose their outdoor seating areas under the State Liquor License requirements. Exceptions are made in cases where public safety would be compromised. In such cases, the town will require the seating area to be fenced or Page 1 of 4 otherwise protected. This safety determination would be made during the Concept Plan approval and/or Building Permit process. ADA requirements would not be affected and would remain a requirement. Risk Analysis (options or alternatives with implications): Adoption of the proposed ordinance amendments will allow restaurants in commercial and lodging zoning districts to create outdoor seating and dining areas and to do so without enclosures when appropriate and safe. Not adopting the amendments will maintain the current ordinance standards that require all restaurants outside the TCCD zoning district to enclose their outdoor patio areas regardless of location or whether alcoholic beverages are served. Restaurants in the C-C and C-1 zoning districts would also still be required to receive Special Use Permits before creating such areas. Fiscal Impact (initial and ongoing costs; budget status): N/A Recommendation(s): N/A Staff Recommendation(s): Staff recommends that the Planning & Zoning Commission vote to INITIATE the Outdoor Seating Area zoning ordinance text amendments. SUGGESTED MOTION: Move to INITIATE the amendments to the Zoning Ordinance Chapters 12, 16, and 18 as presented. Attachment(s): Affected Zoning Ordinance Sections list Submitted by: Bob Rodgers, Senior Planner May 3, 2012 Name/Title Date Approved by: s/,f/,z Development Services Director Date Page 2 of 4 Affected Zoning Ordinance Sections: CURRENT: ^.hapter 12 — Commercial Zoning Districts Aection 12.02 Permitted Uses B. Uses Permitted in C-1, C-C, C-2, and C-3, Zoning Districts are as follows: 1. Commercial Uses: t. Restaurants PROPOSED: Chapter 12 — Commercial Zoning Districts Section 12.02 Permitted Uses B. Uses Permitted in C-1, C-C, C-2, and C-3, Zoning Districts are as follows: 1. Commercial Uses: t. Restaurants including outdoor patio with or without cocktail lounges, provided that there is no entertainment or music audible off-site. CURRENT: Section 12.02 Permitted Uses C. Additional Uses Permitted in C-2 and C-3 Zoning Districts are as follows: 18. Restaurants and cafes, including enclosed patio with or without cocktail lounges, provided that there is no entertainment or music audible off-site. PROPOSED: Section 12.02 Permitted Uses C. Additional Uses Permitted in C-2 and C-3 Zoning Districts are as follows: 18. Restaurants and cafes, including outdoor enclosed patio with or without cocktail lounges, provided that there is no entertainment or music audible off-site. CURRENT: Section 12.04 Uses Subject to Special Use Permits in C-C and C-1 Zoning Districts Only C. Outdoor seating area. PROPOSED: C. Outdoor seating area. CURRENT: Chapter 16 — Lodging Zoning Districts Section 16.03 Uses Subject to Special Use Permits in L-1, L-2 and L-3 Zoning Districts A. Restaurants and cafes, including the utilization of an enclosed patio with or without alcoholic beverage sales, provided that there is no entertainment or music audible off-site, providing the following criteria are met: PROPOSED: Chapter 16 — Lodging Zoning Districts Section 16.03 Uses Subject to Special Use Permits in L-1, L-2 and L-3 Zoning Districts A. Restaurants and cafes, including the utilization of an outdoor enclosed patio with or without alcoholic beverage sales, provided that there is no entertainment or music audible off-site, providing the following criteria are met: Page 3 of 4 CURRENT: Chapter 18—Town Center Commercial Zoning District Section 18.03 Permitted Uses B. Any of the Following Commercial Uses: 32. Restaurants, delicatessens and cafes (including the sale of alcoholic beverages— On premise consumption only). PROPOSED: Chapter 18—Town Center Commercial Zoning District Section 18.03 Permitted Uses B. Any of the Following Commercial Uses: 32. Restaurants, delicatessens and cafes including outdoor patio with or without cocktail lounges (including the sale of alcoholic beverages—On premise consumption only). 4101 Page 4 of 4 „.1TAINJtf TOWN OF FOUNTAIN HILLS Planning and Zoning Board of Adjustment tharJ tiro AGENDA ACTION FORM Meeting Date: May 24, 2012 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 INITIATING an amendment to the Zoning Ordinance to amend Chapters 2, 5, 9, 10, 11, 15, and 18 . If adopted, the amendments would revise the sections relating to Temporary Use Permits to amend, eliminate, and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits. Applicant: The Town of Fountain Hills 'applicant Contact Information: Planning & Zoning Division - Robert Rodgers, Senior Planner Property Location: N/A Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 2 Fountain Hills Zoning Ordinance Chapter 5 Fountain Hills Zoning Ordinance Chapter 9 Fountain Hills Zoning Ordinance Chapter 10 Fountain Hills Zoning Ordinance Chapter 11 Fountain Hills Zoning Ordinance Chapter 15 Fountain Hills Zoning Ordinance Chapter 18 Staff Summary (background): The Temporary Use Permit regulations currently reside in seven chapters of the zoning ordinance and occasionally duplicate a number of other permit requirements. They also sometimes create unnecessary and time-consuming procedures. The following are the ordinance sections being recommended for amendments to the Temporary Use Permit regulations and their anticipated effects: Section 2.03 Temporary Use Permits The amendments within this section will no longer require abutter notification of proposed temporary use permits. There will no longer be a minimum 10 day waiting period. TUP's will be administered administratively and will only have to go before Council if appealed. Section 5.16 Temporary Carnivals, Circuses, Revivals, Rodeos, Swap Meets, Outdoor Retail Sales and Similar Activities Page 1 of 3 This section is being amended to eliminate the need for TUP's. All events of this type (except outdoor retail sales) will only be required to obtain the Special Event Permit. Outdoor retail sales are already covered under the individual district regulations and the encroachment permit process so will no longer be required to get a TUP in districts where retail is a permitted use. Section 5.21 Temporary Construction Equipment and Storage Yards for Construction Activity in Public Rights-of-Way and Easements These activities are no longer being required to go through the TUP process. Regulation of these activities is covered under either the Encroachment Permit process if within a town Right-of-way or easement or, during the Building Permit process. Section 9.03 Uses Subject to Temporary Use Permit in the "OSR" Zoning District The only change proposed in this section is to allow the Master Planned Community Sales Centers in any sized development rather than only those with 200 acres or more. An administrative TUP will still be required. Section 10.03 Uses Subject to Temporary Use Permit Changes proposed in this section will require Day Care Centers to have a local Business License and Master Planned Community Sales Centers will be allowed in any sized development rather than only those with 200 acres or more. Administrative TUP's will still be required. Section 11.04 Uses Subject to Temporary Use Permit Changes proposed in this section will require Day Care Centers to have a local Business License, Model Homes will be required to provide off-street parking, and Master Planned Community Sales Centers will be allowed in any sized development rather than only those with 200 acres or more. Administrative TUP's will still be required. Section 15.03 Uses Subject to Temporary Use Permit Changes proposed in this section will require Day Care Centers to have a local Business License and Model Homes will be required to provide off-street parking. Administrative TUP's will still be required. Section 18.04 Uses Subject to Temporary Use Permits No changes are proposed. Pushcarts will still be required to get Administrative TUP's. Risk Analysis (options or alternatives with implications): Approval of the proposed amendments will revise the various sections of the zoning ordinance as outlined above. Denial of the proposed amendments will require that the various Temporary Use Permit requirements remain as-is. Fiscal Impact (initial and ongoing costs; budget status): N/A �F tecommendation(s): N/A Staff Recommendation(s): Page 2 of 3 Staff recommends that the Planning & Zoning Commission vote to INITIATE the Temporary Use Permit zoning ordinance text amendments. ,UGGESTED MOTION: Move to INITIATE the amendments to the Zoning Ordinance Chapters 2, 5, 9, 10, 11, 15, and 18 regarding Temporary Use Permit regulations as presented. Attachment(s): Draft Ordinance Submitted by: Bob Rodgers, Senior Planner May 3, 2012 Name/Title Date Approved by: Development Services Director Date Page 3 of 3 oez wow 1 \��' Town of FOUNTAIN HILLS (111hp hat is Are DR AFT ORDINANCE XX-XX AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEMPORARY USE PERMIT REGULATIONS IN CHAPTER 2, SECTION 2.03; CHAPTER 5, SECTIONS 5.16 and 5.21; CHAPTER 9, SECTIONS 9.03; CHAPTER 10, SECTION 10.03; CHAPTER 11, SECTION 11.04; AND CHAPTER 15, SECTION 15.03; OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS. WHEREAS, the Town of Fountain Hills (the "Town") 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 desires to amend the Zoning Ordinance to revise Chapter 2, Section 2.03; Chapter 5, Sections 5.16 and 5.21; Chapter 9, Sections 9.03; Chapter 10, Section 10.03; Chapter 11, Section 11.04; Chapter 15, Section 15.03; and Chapter 18, Section 18.04;and WHEREAS, pursuant to Arizona Revised Statutes § 9-462.04, public hearings were advertised in the and editions of The Times of Fountain Hills and Rio Verde; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on and by the Mayor and Council of the Town of Fountain Hills(the"Town Council")on NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA, as follows: Lie Section 2.03 Temporary Use Permits A. Purpose: Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this ordinance to permit temporary uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses. B. General Regulations: 1. Zoning district regulations established elsewhere in this ordinance specify that certain buildings, structures and uses of land may be allowed as temporary uses in a given district subject to the provisions of this section and to requirements set forth in district regulations. The staff is empowered to grant applications for temporary use permits . The staff may impose reasonable conditions upon such temporary use permits. 2. Any building, structure or use, which existed in conformance to all applicable the laws and ordinances on the effective date of this ordinance, which is reclassified as a temporary use by this ordinance for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this ordinance. The continuance of such building or use shall not be subject to issuance of a temporary use permit; provided, however, to the extent that such use fails to conform to the requirements of this ordinance, it shall be considered nonconforming as described in Section 4.01, and its continuance shall be governed by all nonconforming use regulations applicable thereto. 3. Every temporary use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the temporary use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this ordinance, shall become the responsibility of the property owner. C. Temporary Use Permit Application: Application for a temporary use permit shall be filed with the Community Development Services Department on a form prescribed by the Community Development Dircctor Zoning Administrator. The application shall be accompanied by a detailed site plan prepared in accordance with Section 2.04 showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this ordinance. An applicant shall furnish the staff with any additional information the staff may consider relevant to investigation of the case. D. Action and Findings: 1. It is the express intent of this ordinance that any use for which a temporary use permit is required shall be permitted in the particular zoning district, provided that all special conditions and requirements of this ordinance are met. Therefore, the action of the staff shall be one of approval if the applicant agrees to conform to all applicable regulations and the conditions placed upon the permit by the staff. If there is any objection to the temporary use permit application or to the conditions stipulated by 2 staff, the matter shall be appealed to the Town Council. The Town Council shall determine if the temporary use permit is to be granted based upon its judgment as to whether the specified conditions have been or will be met; and whether such use can be compatible with the neighborhood and area where it is located. The staff and Council shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. any objections must be received s be for at least ten (10) calc en postage paid, first class legal sized 3. Objections to any proposed the issuance of a temporary use permit shall be in writing. Such objections shall state the reason(s) for the objection and protest. The written objection must also contain the name, address, telephone number, and signature of the objector. 4. If there is a written objection received period, the Council shall consider the application at the first regular meeting held not less than fifteen (15) days after receipt of said protest. At this meeting, the Town Council may render a decision on the matter or continue the matter to a specified date (but not later than the next regularly scheduled meeting). (Or 5. In order to grant a-an appealed temporary use permit, the findings of the Council must be that the establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town. 6. The Council may designate such conditions in connection with the temporary use permit, as it deems appropriate to secure the intent and purposes of this ordinance and may require such guarantees and evidence that the applicant will comply with the conditions placed upon the temporary use permit. E. Time Limits: 1. Temporary use permits become effective the day after the advertising period, if no written objections arc received of issue. 2. If any written protest is received, a temporary use permit Council is effective either the day after the Council's approval decision if no conditions for operation are outstanding; or, the day after any outstanding conditions are met. 3. A time limitation for temporary use permits shall be made at the time of issuance. At no time shall a temporary use permit be granted for more than two (2) years. In no case, shall a termination date of a temporary use permit be automatically extended as a result of a delay on the applicant's part to comply to—with the conditions stipulated in the temporary use permit or in securing a building permit. 4. A building permit for the construction of any improvements allowed by any temporary use permit issued by the staff or Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to 3 completion of the improvements will cause the temporary use permit to become null ilkor and void. Prior to the termination of this time limit, the staff or Town Council (whichever issued the temporary use permit) may reconsider said temporary use permit to determine if the permit should be reissued for an additional time period or be terminated. 5. No person shall reapply for the same or substantially the same temporary use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial of said temporary use permit. F. Revocation: 1. Temporary use permits granted in accordance with the provisions of this ordinance may be revoked by the Town Council Zoning Administrator, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permittcc permit holder of a violation of a temporary use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the owner/tenant should shall be notified that the Town Council will consider revocation of the permit at its ncxt meeting temporary use permit is revoked. 2. Any temporary use permit shall be considered null and void if construction does not conform to the originally approved site plan. Minor deviations from the originally approved site plan may be approved by the Zoning Administrator. Any requests for major deviations from the originally approved site plan shall be processed as a new temporary use permit. G. Fee: The application for a temporary use permit shall be accompanied by a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the office of the Town Clerk. No part of the filing fee shall be refundable. Payment of the filing fee shall be waived when the petitioner is the town, county, school district, state or federal government. Section 5.16 Temporary Carnivals, Circuses, Revivals, Rodeos, Swap Meets, and Similar Activities A. Applicability: The provisions of this Section do not apply to garage sales or rummage sales. All other temporary carnivals, circuses, revivals, rodeos, swap meets, outdoor sales, and similar activities may be permitted only in OSR, Commercial and Industrial Zone Districts subject to the restrictions of Subsection B of this Section. B. Special Event Permit: A temporary use special event permit shall be obtained from the Zoning Administrator Town in accordance with the following: 1. The Zoning Administrator Town shall ensure that health and safety are considered, and shall obtain the approval of the Maricopa County Health Department, the Fire Department, and the Town Marshal's Maricopa County Sheriff's Office prior to issuing the temporary use special event permit. 2. The Zoning Administrator Town shall ensure that land area is adequate for the proposed use and consequent parking, and shall ensure that traffic safety is considered. ihar a. Applicants shall Ssubmit a site plan, to scale, showing the proposed locations of temporary structures and activities and identify the available parking areas. b. All parking areas must be paved or have an approved method of dust control from approved by the Town Engineer. c. If the proposed temporary use special event location is within an existing parking area the number of parking spaces shall not be reduced by more than ten (10) percent of the total spaces existing unless otherwise approved by Council. 3. The Zoning AdministratorTown shall require any measures necessary to protect surrounding property. 4. A time limit shall be established for each use conducted under the temporary used special event permit. Unless otherwise approved-by the Town Council, the time limit shall not exceed seven (7) consecutive days_, nor shall there be more than one (1) during a calendar year. Outdoor retail sales and similar Special event uses, recurring or otherwise, such as swap meets and farmers markets may be permitted annually under a single temporary usespecial event permit subject to the following: a. The recurring event shall not exceed a maximum of fifty (50) days during a calendar year. b. The event permitted under the temporary use permit shall recur within thirty (30) days of the prior event held under such permit; if the period of recurrence is greater occurrence. • recurring more than once (1) in a calendar year. 5. Permanent structures shall not be permitted under a temporary usespecial event permit. Section 5.21 Temporary Construction Equipment and Storage Yards for Construction Activity in Public Rights-of-Way and Easements Construction equipment and material storage for projects in public rights-of-way and easements may be allowed in any zoning district, except the Open Space Recreational Zoning District, with a temporary usean encroachment permit issued by the Town Engineer. At a minimum, the following regulations are placed upon any such a-use: A. No outdoor lighting shall be permitted in residentially zoned areas. Any outdoor lighting in commercial or industrial zoned areas shall be placed so as to reflect light away from any adjoining residential uses. B. The construction equipment and storage yards shall be enclosed by a view obscuring fence at least six (6) feet and not more than eight (8) feet in height to provide effective site screening from adjoining properties, uses or streets by the use ef. fencing Fencing materials that obscures at least ninety-five (95%) percent of wall plane of the fence are required. 5 C. The fence shall not encroach into the required front yard or street side yard areas of the lot or parcel. D. There shall be no automobile parking, equipment parking, or material storage outside of the fenced area. E. All employee parking shall be within the approved fenced construction equipment and storage yard. F. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation, or other similar causes detrimental to the public health, safety or general welfare. G. The storage yard must be surfaced with a dust free material approved by the Town Engineer. H. All activities in the construction equipment and storage yard shall conform to the time limitations specified in Article 7-6 of the Town Code. I. Only the areas which have a slope of less than fifteen percent (15%) and the percentage of the aggregate area with a slope of fifteen percent (15%) or greater that does not exceed the maximum lot coverage allowance as prescribed in the respective primary zoning district may be disturbed. J. No site may be permitted for more than six (6) months. K. Vegetation shall be reestablished on all exposed fill slopes, cut slopes, and graded surfaces by means of a mixture of grasses, shrubs, trees or cacti to provide a basic �r ground cover which will prevent erosion and permit natural revegetation upon removal of the construction equipment and storage yard activity. Revegetation plans must be submitted to and approved by the Town of Fountain Hills prior to the granting of the temporary uscencroachment permit. Revegetation of cut and fill slopes shall be done in such fashion as to restore those graded slopes to an appearance approximating, as closely as possible, their natural state. Indigenous plant materials or low water usage shrubs, trees and grasses must be used. Section 9.03 Uses Subject to Temporary Use Permit in the "OSR" Zoning District A. Master-Planned Village Sales and Information Center within a Clubhouse. The developer of a master-planned community over 200 contiguous acres, may operate an information/sales facility within a clubhouse by temporary use permit only. In the review for a master-planned community sales and information center temporary use permit, the staff, ' , may consider lighting, landscaping, hours of operation, signage, parking, duration, and neighborhood impact. As-At a minimum, the following standards shall apply: 1. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no case shall a center be open before 7:00 A.M. or after 9:00 P.M. 2. The center shall be for the purpose of marketing the specific master-planned villagecommunity, the sale of lots in the master-planned village community and the distribution of material concerning the attributes of the Town and surrounding areas. 6 The office may not be used as an office for the sales of houses, the resale of lots, thiv subdivisions with model homes, or property outside of the master-planned villagecommunity. The sale of country club memberships within the master-planned village is permitted as an accessory use only if the community has such a country club. 3. There shall be at least twenty (20) off-street parking stalls provided in addition to the minimum parking demand for the golf course. 4. The use shall cease upon termination of the temporary use permit or the completion of the master developer's marketing activities, whichever comes first. 5. Signage shall be in conformance with Chapter 6, Section 6.07 of this ordinance. Section 10.03 Uses Subject to Temporary Use Permit A. Day Care Center for the Care of More Than Five (5) People: A day care center for the care of more than five (5) people is permitted by temporary use permit only. A day care center for the care of more than five (5) people may be operated in these residential Zoning Districts with the following minimal stipulations: 1. The Day Care Operator must reside in the house. If a non-residential facility is legally used for another purpose, such as a church building, this requirement may be waived. (kw 2. No more than ten (10) non-residents may be cared for in a residential structure. 3. Only one (1) non-resident employee may be allowed and one (1) additional on-site parking space shall be required for this employee. 4. One non-tandem parking space shall be required for each five (5) persons, or fraction thereof, allowed in the day care center. 5. Any operation of a Day Care Center prior to 6:00 A.M. and after 8:00 P.M. is permitted only by a separate Special Use Permit. 6. Only one sign not to exceed two (2) square feet in size and mounted flatly on the wall of the residence shall be permitted. 7. The play yard must be fenced with a minimum five (5) foot high fence. 8. No playground equipment and ornamental figures or designs denoting a Day Care Center shall be allowed in front of the house line. 9. Any Day Care Facility with a swimming pool or other applicable body of water as defined in Section 5.09.D. of this Ordinance must meet the requirements for a pool enclosure described in that Section. 10. Any Day Care Center, which cares for more than five (5) people, shall be reauired to have a valid Fountain Hills business license and be licensed by the State of Arizona. B. Bed and Breakfast: Bed and Breakfast operations may be permitted in these residential zones by Temporary Use Permit only. At a minimum, the following standards shall apply: 1. No more than two (2) bedrooms per residence may be used for the business. Lor 2. No more than two (2) persons per room. 3. One off-street, non-tandem parking space per bedroom. C. Model Homes: Model Homes may be permitted in a residential area by Temporary Use Permit only. In the review for a model home, the staff, and if necessary, the Town Council, may consider lighting, landscaping, hours of operation, signage, parking, duration, and neighborhood impact. As—At a minimum, the following standards shall apply: 1. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no case shall a model home be open before 7:00 A.M. or after 9:00 P.M. 2. The model home shall be for the purpose of marketing the construction of custom homes or a—tract subdivision homes with a given product line in Fountain Hills. A model home may not be used as an office for the marketing of developed property, or the marketing of property outside of Fountain Hills. 3. An off-street parking stall for each person stationed on site, plus two (2) spaces shall be provided. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home. D. Master-Planned Village Sales and Information Center: The developer of a master-planned community may operate an information/sales facility within a residentially zoned area by temporary use permit only. In the review for a master-planned village community sales/information center temporary use permit, the staff, and if necessary the Towrr Council, may consider lighting, landscaping, hours of operation, signage, parking, duration, and neighborhood impact. As—At a minimum, the following standards shall apply: 1. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no case shall the center be open before 7:00 A.M. or after 9:00 P.M. 2. The center shall be for the purpose of marketing the specific master-planned villagecommunity, the sale of lots in the master-planned village community and the distribution of material concerning the attributes of the Town and surrounding areas. The office may not be used as an office for the sales of houses, the resale of lots, subdivisions with model homes, or property outside of the master-planned villagecommunity. The sale of country club memberships within the master-planned village is permitted as an accessory use only if the community has such a country club. 3. There shall be at least twenty (20) off-street parking stalls provided. 4. The center must be a permanent structure that meets the adopted building codes of the Town. 5. There shall be no more than one such center in the master-planned villagecommunity. 411.9 6. The center shall be removed upon termination of the temporary use permit or the completion of the master developer's marketing activities, whichever comes first. 8 7. Signage shall in conformance with Chapter 6, Section 6.07 of this ordinance. 8. There shall be a landscape buffer of at least one-hundred-fifty (150) feet between the sales and information center and any occupied residential structures. Landscaped areas shall include an approved mixture of drought tolerant or other plant materials, and organic and non-organic ground cover materials. Landscaping shall consist of one (1) plant for each twenty (20) square feet of landscape area. At least twenty-five (25) percent of the plants shall be 15 gallon or greater plants and the remaining plants must be at least five (5) gallon plants. The approval of the above mixture of landscape materials shall be by the Community Development Department staffZoning Administrator with appeal to the Planning and Zoning Commission. a An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water. b. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6) inch vertical concrete curbing in order to control storm water flows and minimize damage by vehicular traffic. E. Swim School: Swim schools may be permitted in these residential zones by temporary use permit only. At a minimum, the following standards shall apply: 1. The swim school shall operate from a single-family dwelling unit. The operation of the swim school shall not change the residential character of the dwelling unit. 2. All employees of the swim school shall be members of the immediate family residing in the dwelling unit where the swim school is being operated, except that one employee may be a non-resident. 3. The area used for a swim school shall not exceed (a) thirty (30) percent of the area of the rear yard and (b) twenty-five (25) percent of the gross floor area of the dwelling. 4. Customer trip generation shall not exceed twenty (20) trips a day. 5. No signs identifying the business or any commercial project or service are allowed. 6. Any pool used for a swim school shall be fenced in accordance with subsection 5.09 (D) of this ordinance, as may be amended from time to time. 7. Other related activities, including, but not limited to, pool parties and aerobics instruction, are not allowed. Section 11.04 Uses Subject to Temporary Use Permit A. Day Care Center for the Care of More Than Five (5) People: A day care center for the care of more than five (5) people is permitted by temporary use permit only. A day care center for the care of more than five (5) people may be operated in these multi-family residential Zoning Districts with the following minimal stipulations: 1. The Day Care operator must reside in the house. If a non-residential facility is kir legally used for another purpose, such as a church building, this requirement may be waived. 9 2. No more than ten (10) non-residents may be cared for in a residential structure. 3. Only one non-resident employee may be allowed and one (1) additional on-site parking space shall be required for this employee. 4. One non-tandem parking space shall be required for each five (5) persons, or fraction thereof, allowed in the day care center. 5. Any operation of a Day Care Center prior to 6:00 A.M. and after 8:00 P.M. is permitted only by a separate Special Use Permit. 6. Only one sign not to exceed two (2) square feet in size and mounted flatly on the wall of the residence shall be permitted. 7. The play yard must be fenced with a minimum five (5) foot high fence. 8. No playground equipment and ornamental figures or designs denoting a Day Care Center shall be allowed in front of the house line. 9. Any Day Care Facility with a swimming pool or other applicable body of water as defined in Section 5.10.C. of this Ordinance must meet the requirements for a pool enclosure described in that Section. 10. Any Day Care Center, which cares for more than five (5) people, shall be required to have a valid Fountain Hills business license and be licensed by the State of Arizona. B. Bed and Breakfast: Bed and Breakfast operations may be permitted in these (11r, multi-family residential zones by Temporary Use Permit only. At a minimum, the following standards shall apply. 1. No more than two (2) bedrooms per residence may be used for the business. 2. No more than two (2) persons per room. 3. One off-street, non-tandem parking space per bedroom. C. Model Homes: Model Homes may be permitted in a multi family es, ential- area by Temporary Use Permit only. In the review for a model home, the staff, and if • , may consider lighting, landscaping, hours of operation, signage, parking, duration, and neighborhood impact. As-At a minimum, the following standards shall apply: 1. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no case shall a model home be open before 7:00 A.M. or after 9:00 P.M. 2. The model home shall be for the purpose of marketing the construction of custom homes or a—tract subdivision homes with a given product line in Fountain Hills. A model home may not be used as an office for the marketing of developed property, or the marketing of property outside of Fountain Hills. 3. An off-street parking space for each person stationed on site, plus two(2) spaces shall be provided. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home. 10 E. Master-Planned Village Sales and Information Center: The developer of a master-planned village over 200 contiguous acres,community may operate an information/sales facility within a residentially zoned area by temporary use permit only. In the review for a master-planned village community sales/information center temporary use permit, the staff, ' , may consider lighting, landscaping, hours of operation, signage, parking, duration, and neighborhood impact. As-At a minimum, the following standards shall apply: 1. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no case shall the center be open before 7:00 A.M. or after 9:00 P.M. 2. The center shall be for the purpose of marketing the specific master-planned v++l-agecommunity, the sale of lots in the master-planned village community and the distribution of material concerning the attributes of the Town and surrounding areas. The office may not be used as an office for the sales of houses, the resale of lots, subdivisions with model homes, nor property outside of the master-planned villagecommunity. The master-planned village is permitted as an accessory use only if the community has such a country club. 3. There shall be at least twenty (20) off-street parking stalls provided. 4. The center must be a permanent structure that meets the adopted building codes of the Town. 5. There shall be no more than one such center in the master-planned villagecommunity. 6. The center shall be removed upon termination of the temporary use permit or the completion of the master developer's marketing activities, whichever comes first. 7. Signage shall in conformance with Chapter 6, Section 6.07 of this ordinance. 8. There shall be a landscape buffer of at least 150 feet between the sales and information center and any occupied residential structures. a. Landscaped areas shall include an approved mixture of drought tolerant or other plant materials, and organic and non-organic ground cover materials. Landscaping shall consist of one plant for each 20 square feet of landscape area. At least twenty- five (25) percent of the plants shall be 15 gallon or greater plants and the remaining plants must be at least five-gallon plants. The approval of the above mixture of landscape materials shall be by oning Administrator with appeal to the Planning and Zoning Commission. b. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water. c. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6) inch vertical concrete curbing in order to control storm water flows and minimize damage by vehicular traffic. Section 15.03 Uses Subject to Temporary Use Permit tise A. Day Care Center for the Care of More Than Five (5) People: A day care center for the care of more than five (5) people is permitted by temporary use permit 11 only. A day care center for the care of more than five (5) people may be operated in this the Mobile Home Zoning District with the following minimal stipulations: rnitor 1. The Day Care Operator must reside in the house. If a non-residential facility is legally used for another purpose, such as a church building, this requirement may be waived. 2. No more than ten (10) non-residents may be cared for in a residential structure. 3. Only one non-resident employee may be allowed and one (1) additional on-site parking space shall be required for this employee. 4. One non-tandem parking space shall be required for each five (5) persons, or fraction thereof, allowed in the day care center. 5. Any operation of a Day Care Center prior to 6:00 A.M. and after 8:00 P.M. is permitted only by a separate Special Use Permit. 6. Only one sign not to exceed two (2) square feet in size and mounted flatly on the wall of the residence shall be permitted. 7. The play yard must be fenced with a minimum five (5) foot high fence. 8. No playground equipment and ornamental figures or designs denoting a Day Care Center shall be allowed in front of the house line. 9. Any Day Care Facility with a swimming pool or other applicable body of water as 4101 defined in Section 5.10.C. of this Ordinance must meet the requirements for a pool enclosure described in that Section. 10. Any Day Care Center, which cares for more than five (5) people, shall be required to have a valid Fountain Hills business license and be licensed by the State of Arizona. B. Bed and Breakfast: Bed and Breakfast operations may be permitted in these the Mobile Home zones by Temporary Use Permit only. At a minimum, the following standards shall apply: 1. No more than two (2) bedrooms per residence may be used for the business. 2. No more than two (2) persons per room. 3. One off-street, non-tandem parking space per bedroom. C. Model Homes: Model Homes may be permitted in a residential mobile home area by Temporary Use Permit only. In the review for a model home, the staff, and if necessary, the Town Council, may consider lighting, landscaping, hours of operation, signage, parking, duration, and neighborhood impact. As-At a minimum, the following standards shall apply: 1. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no case shall a model home be open before 7:00 A.M. or after 9:00 P.M. 2. The model home shall be for the purpose of marketing the construction of custom copy homes or a tract subdivision with a given product line in Fountain Hills. A model home 12 may not be used as an office for the marketing of developed property, or the marketing of property outside of Fountain Hills. 3. An off-street parking space for each person stationed on site, plus two(2) spaces shall be provided. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home. Section 18.04 Uses Subject to Temporary Use Permits A. Pushcarts. S 13 S PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,Arizona, FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: Jay Schlum, Mayor Bevelyn J. Bender,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Ken Buchanan, Town Manager Andrew J. McGuire, Town Attorney 1111 14 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION MAY 24,2012 Chairman Lloyd Pew opened the session of the Planning and Zoning Commission at 6:44 p.m. The following Commissioners were present: Chairman Lloyd Pew, Vice-Chairman Cecil Yates, Commissioners Stan Connick, and Mike Archambault. Also in attendance were Paul Mood, Director of Development Services, Robert Rodgers Senior Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes. Commissioners Richard Turner and Gene Slechta were unable to attend the meeting due to prior commitments. Commissioner Angela Strohan did not attend the meeting. 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 Stan Connick present Commissioner Mike Archambault present Commissioner Angela Strohan absent 4b, Commissioner Richard Turner absent Commissioner Gene Slechta absent CALL TO THE PUBLIC No one wished to speak. REGULAR AGENDA I AGENDA ITEM #1 — CONSIDERATION of APPROVING the Regular Session meeting minutes of the Planning and Zoning Commission from Thursday, April 26, 2012. Vice-Chairman Cecil Yates MOVED to approve the regular session meeting minutes for the Planning and Zoning Commission dated April 26, 2012. Commissioner Mike Archambault SECONDED. A roll call was taken and the MOTION CARRIED (4-0), by those present. Chairman Lloyd Pew aye Acting Chairman Cecil Yates aye Commissioner Stan Connick aye Commissioner Mike Archambault aye L Page 1 of 4 AGENDA ITEM #2 — CONSIDERATION of INITIATING an amendment to the Zoning Ordinance to amend Section 19.05 — Public Art Requirements. If adopted, the amendment would revise the options for developer donations to the "Public Art Fund" to require that such donations be made at the time of the Building Permit issuance rather than at the time of Certificate of Occupancy issuance. Robert Rodgers, Senior Planner gave the presentation. Vice-Chairman Cecil Yates MOVED to INITIATE the amendment to the Zoning Ordinance, Chapter 19, as presented. Commissioner Mike Archambault SECONDED the MOTION. A voice vote was taken and the MOTION passed 4-0. Commissioner Stan Connick aye Commissioner Mike Archambault aye Vice- Chairman Cecil Yates aye Chairman Lloyd Pew aye AGENDA ITEM #3 — CONSIDERATION of INITIATING an amendment to the Zoning Ordinance to amend Chapters 12, 16, and 18. If adopted, the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Robert Rodgers, Senior Planner gave the presentation. Commissioner Mike Archambault MOVED to INITIATE the amendments to the Zoning Ordinance, Chapters 12, 16, and 18, as presented. Vice-Chairman Cecil Yates SECONDED the MOTION. A voice vote was taken and the MOTION passed 4-0. Commissioner Stan Connick aye Commissioner Mike Archambault aye Vice- Chairman Cecil Yates aye Chairman Lloyd Pew aye AGENDA ITEM #4 — CONSIDERATION of INITIATING an amendment to the Zoning Ordinance to amend Chapters 2, 5, 9, 10, 11, 15, and 18. If adopted, the amendment would revise the sections relating to "Temporary Use Permits" to amend, eliminate, and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits. Robert Rodgers, Senior Planner gave the presentation. Vice-Chairman Cecil Yates MOVED to INITIATE the amendments to the Zoning Ordinance, Chapters 2, 5, 9, 10, 11, 15, and 18, regarding Temporary Use Permit regulations, as presented. Page 2 of 4 Commissioner Stan Connick SECONDED the MOTION. A voice vote was taken and the r., MOTION passed 4-0. Commissioner Stan Connick aye Commissioner Mike Archambault aye Vice- Chairman Cecil Yates aye Chairman Lloyd Pew aye 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. NONE AGENDA ITEM #7 — REPORT from Senior Planner, Planning and Zoning Division of Development Services. Robert Rodgers, Senior Planner wished Vice-Chairman Cecil Yates well in his new position beginning Thursday, June 7, 2012, as a Town Councilmember for the Town of Fountain Hills. Chairman Lloyd Pew also congratulated Vice-Chairman Cecil Yates on his elected position. Vice-Chairman Cecil Yates expressed his appreciation to Town Staff and Commission for allowing him to serve on the Planning and Zoning Commission. AGENDA ITEM #8 - ADJOURNMENT. Vice-Chairman Cecil Yates MOVED to adjourn and Commissioner Stan Connick SECONDED and the MOTION CARRIED (4-0), by those present. Chairman Lloyd Pew aye Vice-Chairman Cecil Yates aye Commissioner Stan Connick aye Commissioner Mike Archambault aye The regular meeting ADJOURNED at 7:04 p.m. 46104 Page 3 of 4 FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: I Chairman Lloyd E. Pew ATTEST: ice 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 24th day of May 2012, in the Town Council Chambers. I further certify that the meeting was duly called and that a quorum was present. Dated this 24th day of May 2012. Janice Baxter, Recorder S L Page 4 of 4