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HomeMy WebLinkAboutPZ.2012.0628.Minutes 4-i TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION JUNE 28,2012 Chairman Lloyd Pew opened the session of the Planning and Zoning Commission at 6:30 p.m. The following Commissioners were present: Chairman Lloyd Pew, Commissioners Stan Connick, Angela Strohan, Richard Turner and Gene Slechta, [and one open Commissioner's seat]. Also in attendance were Paul Mood, Director of Development Services, Robert Rodgers Senior Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes. Commissioner Michael Archambault was unable to attend the meeting due to a health issue and he 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 Commissioner Stan Connick present Commissioner Mike Archambault absent Commissioner Angela Strohan present Commissioner Richard Turner present Commissioner Gene Slechta present Chairman Lloyd Pew nominated Commissioner Angela Strohan for the remainder of Cecil Yate's term as Planning and Zoning Vice-Chairman. Commissioner Richard Turner SECONDED the NOMINATION and a voice vote was taken. Commissioner Strohan was unanimously approved and Commissioner Angela Strohan was appointed to the position of vice-chairman. Vice-Chairman Strohan's term will begin on Thursday, June 28, 2012 and expire on Thursday, October 11, 2012. 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, MAY 24, 2012. Commissioner Stan Connick MOVED to APPROVE the regular session meeting minutes for the Planning and Zoning Commission dated May 24, 2012. Commissioner Gene Slechta Page 1 of 7 SECONDED. A roll call was taken and the MOTION CARRIED (3 ayes and 2 abstained),by those present. Commissioner Richard Turner aye Chairman Lloyd Pew aye Commissioner Stan Connick aye Commissioner Angela Strohan abstained Commissioner Gene Slechta abstained AGENDA ITEM #2 — PUBLIC HEARING of a TEXT AMENDMENT to amend Section 19.05 — Public Art Requirements of the Zoning Ordinance. 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. Case Number Z2012-02; Ordinance 2012-04. Senior Planner Robert Rodgers gave the presentation. Mr. Rodgers explained that currently Public Art contributions are made at the time of Occupancy Permit approval for Commercial, Industrial, or Multi-Family development projects and this has proven to be problematic for the Building Safety Division over the past few years. Mr. Rodgers continued to state that on occasion, Building Division staff has had to hold back Certificates of Occupancy after a building had 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. Mr. Rodgers added that 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 be made a the time the Building Permit is issued. The Planning and Zoning Commission voted to initiate this proposed zoning amendment at their May 24, 2012,regular meeting. Staff recommended that the Planning and Zoning Commission vote to forward a recommendation to the Town Council to approve the proposed Public Art zoning ordinance text amendment. Public Hearing Opened at 6:35 p.m. No one from the public requested to speak. Public Hearing Closed at 6:35 p.m. AGENDA ITEM #3 — CONSIDERATION of a TEXT AMENDMENT to amend Section 19.05 — Public Art Requirements of the Zoning Ordinance. If adopted, the amendment would revise the options for developer donations to the Public Art Fund to require that such donations Page 2 of 7 be made at the time of the Building Permit issuance rather than at the time of Certificate of Occupancy issuance. Case Number Z2012-02; Ordinance 2012-04. The Commission discussed in length the issue of refunding monies collected at the time of an issued permit and what happened if the project did not complete. Commissioner Richard Turner, Vice-Chairman Strohan, Commissioner Stan Connick and Chairman Pew supported collecting the monies at the time of issuance of the building permit, but all felt that if the project, for whatever reason did not finalize the art monies should be refunded in full to the applicant. Commission Gene Slechta supported completely the proposal by staff. Commissioner Stan Connick made a MOTION to forward a recommendation to the Town Council that funds would be collected at the time of permit issuance, but not released for use until the time of issuance of a project Certificate of Occupancy. Art monies would then be released. Additionally, if a project was not kept active, the art monies would be refunded to the applicant of the project. Commissioner Richard Turner SECONDED and the MOTION was approved 5-0, by those present. AGENDA ITEM#4—PUBLIC REARING of a TEXT 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. Case Number Z2012-04; Ordinance 2012-05. Senior Planner Robert Rodgers gave the presentation. Mr. Rodgers stated that staff had received numerous inquiries from restaurants regarding whether or not they could create outdoor seating areas for their customers to use during the cooler months. Mr. Rodgers explained that currently, the TCCD zoning district is the only district that permits NON-enclosed outdoor seating areas. Mr. Rodgers pointed out that staff was proposing that all restaurants located within any commercial or lodging zoning districts have 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. Mr. Rodgers noted that restaurants that do not serve alcohol would have the option of not installing a fence or similar barrier around their outdoor seating areas and restaurants that served alcoholic beverages would still be required to enclose their outdoor seating areas under the State Liquor License requirements. Exceptions would be made in cases where public safety would be compromised and in those cases the town would require the seating area to be fenced or otherwise protected. Mr. Rodgers commented that a safety determination would be made either administratively or, during Concept Plan review and/or the building permit process. Mr. Rodgers added that where no approvals for Page 3 of 7 physical improvements were required, the Zoning Administrator would make a determination administratively and ADA requirements would not be affected and would remain a requirement. Staff recommended that the Planning and Zoning Commission vote to forward the recommendation to the Town Council to approve the proposed text amendments to Chapters 12, 16, and 18 of the Zoning Ordinance relating to outdoor seating areas. Public Hearing Opened at 6:52 p.m. One speaker card was received from Town Councilmember Cecil Yates. Councilmember Yates stated that he felt this proposed amendment was a good idea. No one else from the public wished to speak. Public Hearing Closed at 6:54 p.m. AGENDA ITEM #5 — CONSIDERATION of a TEXT 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. Case Number Z2012-04; Ordinance 2012-05. Commissioner Gene Slechta stated that his objections were centered on the removing of the special use permit requirement for zoning districts C-C and C-1. Commissioner Slechta pointed out that theses two districts were different than the other commercial zoning districts since they serve a surrounding residential neighborhood, as defined in the Zoning Ordinance. He also pointed out that the special use permits requirement gives nearby residents the opportunity to provide feedback to the Town concerning possible noise concerns. Mr. Rodgers stated that in Fountain Hills he did not know of any commercial district that did not have adjacent residential properties. Commissioner Slechta stated out that he was in support of the proposed outdoor seating for restaurants but did not support the discontinuing of the special use permit process. Mr. Rodgers pointed out that staff was trying to treat all restaurants the same when it came to this issue. Commissioner Stan Connick stated his support since the amendment language stated that no audible entertainment outside was allowed. Mr. Rodgers pointed out that this language has been in previously and would not change. Commissioner Richard Turner stated that this was a good idea but businesses may need monitoring so that the business community respected staff's recommendation. Commissioner Richard Turner made a MOTION to APPROVE the proposed text amendments to Chapters 12, 16, and 18 of the Zoning Ordinance relating to outdoor seating areas, as presented. Vice-Chairman Angela Strohan SECONDED and the MOTION passed 4-1, with Commission Gene Slechta voting nay. Page 4 of 7 AGENDA ITEM #6 — PUBLIC HEARING of TEXT AMENDMENTS to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance. If adopted, the amendments would revise the zoning regulations 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. Case Number Z2012-03; Ordinance 2012-06. Senior Planner Robert Rodgers gave the presentation. Mr. Rodgers explained that the temporary use permit regulations currently reside in seven chapters of the zoning ordinance and occasionally duplicated a number of other permit requirements. Mr. Rodgers added that sometimes these regulations create unnecessary and time-consuming procedures. See Exhibit "B" for list of sections in the zoning ordinance affected. Mr. Rodgers noted that the Planning and Zoning Commission voted to initiate this amendment at their May 24, 2012, regular meeting. Staff recommended that the Planning and Zoning Commission vote to forward a recommendation to the Town Council to approve the amendments to the Zoning Ordinance, Chapters 2, 5,9, 10, 11, 15, and 18 as they relate to temporary use permits. Public Hearing Opened at 7:07 p.m. No one from the public requested to speak. Public Hearing Closed at 7:07 p.m. AGENDA ITEM #7 — CONSIDERATION of TEXT AMENDMENTS to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance. If adopted,the amendments would revise the zoning regulations 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. Case Number Z2012-03; Ordinance 2012-06. Commissioner Richard Turner expressed disagreement with not posting the property involved as currently required in the temporary use permit process. Commissioner Turner also questioned switching land use activities subject to a special events permit, which was also found in the Town Code. Commissioner Gene Slechta spoke in support of this proposal because it would simplify time and save the business community temporary use permit fees. Chairman Lloyd Pew spoke in support since it appeared to be a mostly housekeeping process. Chairman Lloyd Pew MOVED to APPROVE the proposed text amendments to Chapters 2, 5, 9, 10, 11, 15, and 18 of the zoning ordinance. Commissioner Gene Slechta SECONDED the MOTION. A voice vote was taken and the MOTION passed 4-1, with Commissioner Richard Turner casting the nay vote. Page 5 of 7 �lyTAIN�j 0 } _ e REGULAR MEETING NOTICE � b • /1 ,• OF THE 90that is Av`tio� PLANNING AND ZONING COMMISSION Commission Members: Chairman Lloyd Pew and Vice-Chairman[Open to Appointment] 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 June 28, 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,JUNE 28,2012 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 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 Consideration of appointing a Vice-Chairman to replace Cecil Yates due to his appointment to the Town Council on June 7,2012. This appointment will begin on Thursday,June 28,2012,ending on Thursday, October 11,2012. 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. e(1) CONSIDERATION of APPROVING the Regular Session meeting minutes with the Planning and Zoning Commission on MAY 24,2012. (2) PUBLIC HEARING of a TEXT AMENDMENT to amend Section 19.05—Public Art Requirements of the Zoning Ordinance. 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. Case Number Z2012-02; Ordinance 2012-04. (3) CONSIDERATION of a TEXT AMENDMENT to amend Section 19.05—Public Art Requirements of the Zoning Ordinance. 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. Case Number Z2012-02; Ordinance 2012-04. (4) PUBLIC HEARING of a TEXT 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. Case Number Z2012- 04; Ordinance 2012-05. (5) CONSIDERATION of a TEXT 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 111) 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. Case Number Z2012- 04; Ordinance 2012-05. Planning and Zoning Commission Agenda Page 2 of 3 (6) PUBLIC HEARING OF TEXT AMENDMENTS to Chapters 2, 5,9, 10, 11, 15, and 18 of the Zoning Ordinance. If adopted,the amendments would revise the zoning regulations 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. Case Number Z2012-03; Ordinance 2012-06. (7) CONSIDERATION OF TEXT AMENDMENTS to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance. If adopted,the amendments would revise the zoning regulations 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. Case Number Z2012-03; Ordinance 2012-06. (8) 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: (9) SUMMARY OF COMMISSION REQUESTS from Senior Planner. (10) REPORT from Senior Planner,Planning and Zoning Division of Development Services. (11) ADJOURNMENT 40 Supporting documentation and staff reports furnished to the Commission with this agenda are available for review in the Planning&Zoning Division of the Development Services Departmen DATED this 18th day of June 2012 By: Robert Rodgers, Senior Planner Planning and Zoning Division The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1-800-367-8939(TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. Notice is hereby given that pursuant to A.R.S. §1-602.A.9,subject to certain specified statutory exceptions,parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded,and,as a result,proceedings in which children are present may be subject to such recording. Parents in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made,the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived." Planning and Zoning Commission Agenda Page 3 of 3 ���A'"�f� TOWN OF FOUNTAIN HILLS • -.AX Planning and Zoning �. �': Board of Adjustment 9I/ t_,r op0 that is WI AGENDA ACTION FORM Meeting Date: June 28, 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 MAY 24, 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 May 24, 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 May 24, 2012, as presented. Attachment(s): Submitted by: . Zwie< water- June 18, 2012 Name/Title Date Approved g' 47tobe ger , Senior Planner Page 1 of 1 �1AIN�ft TOWN OF FOUNTAIN HILLS t t,r, 4, 3 X Planning and Zoning Board of Adjustment that is iko, AGENDA ACTION FORM Meeting Date: June 28, 2012 Meeting Type: Regular Agenda Type: Regular Submitting Division: Planning & Zoning Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgersfh.az.qov REQUEST TO PLANNING & ZONING COMMISSION: PUBLIC HEARING of a TEXT AMENDMENT to amend Section 19.05 — Public Art Requirements of the Zoning Ordinance. 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. ORD #12-04 CONSIDERATION of a TEXT AMENDMENT to amend Section 19.05 — Public Art Requirements of the Zoning Ordinance. 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. ORD #12-04 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 — 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 equested that the ordinance be amended to require that the donations (either cash or, as an actual art piece) sae made at the time the Building Permit is issued. Page 1 of 2 If the cash donation option is selected, a mechanism has been included to note that cash contributions will be non-refundable should the project fail to develop. 'isk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): N/A Recommendation(s): The Planning & Zoning Commission voted to initiate this proposed zoning amendment at their May 24, 2012 regular meeting. Staff Recommendation(s): Staff recommends that the Planning & Zoning Commission vote to forward a recommendation to the Town Council to approve the proposed Public Art zoning ordinance text amendment. SUGGESTED MOTION: Move to forward a recommendation to the Town Council to approve the Text Amendment to Section 19.05 — Public Art Requirements of the Zoning Ordinance as presented. Attachment(s): Draft Zoning Ordinance Revision Submitted by: 1 Rob Rodgers, Seni. 'anner June 18, 2012 Jame/Title Date Approved by: Ok//T DeGelopm nt Services Director Date 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 #�A�Nt TOWN OF FOUNTAIN HILLS , . 611 Planning and Zoning Board of Adjustment 9i, . 004 That is 0' AGENDA ACTION FORM Meeting Date: June 28, 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: PUBLIC HEARING of TEXT AMENDMENTS 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. ORD #12-05 CONSIDERATION of TEXT AMENDMENTS 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. ORD #12-05 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. -he proposed text amendments will provide all restaurants which are already permitted uses and located within any 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. Page 1 of 4 Restaurants that do not serve alcohol will be provided the option of not installing a fence or similar barrier around their outdoor seating areas. Restaurants that serve alcoholic beverages will still be required to enclose `heir outdoor seating areas under the State Liquor License requirements. Exceptions are made in cases where ublic safety would be compromised. In such cases, the town will require the seating area to be fenced or otherwise protected. This safety determination will be made during the Concept Plan approval and/or the Building Permit process. Or, in cases where no approvals for physical improvements are required, the Zoning Administrator will make the determination administratively. 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): The Planning & Zoning Commission voted to initiate this amendment at their May 24, 2012 regular meeting. Staff Recommendation(s): ,taff recommends that the Planning & Zoning Commission vote to forward the recommendation to the Town Council to approve the proposed text amendments to Chapters 12, 16 and 18 of the Zoning Ordinance relating to Outdoor Seating Areas. SUGGESTED MOTION: Move to APPROVE the proposed text amendments to Chapters 12, 16 and 18 of the Zoning Ordinance relating to Outdoor Seating Areas as presented. Attachment(s): Affected Zoning Ordinance Sections list Submitted by: Bob Rodgers, Senior Pla' -r June 18, 2012 Name/Title Date Approved by: Or//Z__. Devel pmen ervices irector Date Page 2 of 4 Affected Zoning Ordinance Sections: CURRENT: ':hapter 12 — Commercial Zoning Districts erection 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 arca. 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 enctesed-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 �.„.1�MNit, TOWN OF FOUNTAIN HILLS 0 e zin X Planning and Zoning Board of Adjustment that is Aolti AGENDA ACTION FORM Meeting Date: June 28, 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: PUBLIC HEARING of TEXT AMENDMENTS to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance. If adopted, the amendments would revise the zoning regulations 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. ORD #12-06 CONSIDERATION of TEXT AMENDMENTS to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance. If adopted, the amendments would revise the zoning regulations relating to Temporary Use Permits to amend, eliminate, and/or redefine these sections in order to streamline processes and eliminate unnecessary .ireaucracy or duplicative permits. ORD #12-06 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 is a summary of the ordinance sections which contain Temporary Use Permit regulations and the ffect of the proposed amendments on those sections: Page 1 of 3 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 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. The full text of the affected Zoning Ordinance sections with the proposed changes is attached. Risk Analysis (options or alternatives with implications): Approval of the proposed text 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 Recommendation(s): The Planning & Zoning Commission voted to initiate this amendment at their May 24, 2012 regular meeting. Page 2 of 3 Staff Recommendation(s): Staff recommends that the Planning & Zoning Commission vote to forward a recommendation to the Town Council to approve the amendments to the Zoning Ordinance, Chapters 2, 5, 9, 10, 11, 15, and 18 as they a -elate to Temporary Use Permits. SUGGESTED MOTION: Move to forward a recommendation to the Town Council to APPROVE the proposed text amendments to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance, as they relate to Temporary Use Permits as presented. Attachment(s): Draft Zoning Section amendments Submitted by: 411? Bob Rodgers, Senior Pla r11; June 18, 2012 Name/Title Date Approved by: 6 Y --- iho,ie elopm nt Services Director Date Page 3 of 3 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 Director 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 lor 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. 2. Notice of thc nature of thc temporary use permit application and the date in which any objections must be received shall be posted on the property and shall be mailed be for at least ten (10) calendar days. The applicant shall be responsible for providing tM d dd f t1.... d first class Iega1 ed LTfCrJe��V"1"fef5 e'r—pe�JiFge—p af'_, ...�_ _.`__ .__-_ _.___ envelopes. It shall be the responsibility of the applicant to maintain the posting. 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 of the advertising periods 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). 4109 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 issued by the Town 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 (111100 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 thc 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 considcr rcvocation of thc permit at its ncxt mccting 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 elan 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. c 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 salcs, 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 tcmporary 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 tcmporary 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. 4 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 f 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 , the time limit shall not exceed seven (7) consecutive days„ nor shall there be more than one (1) temporary use permit issued for the same use during any calendar year. The Town 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 eve calendar year. days of the prior event held under such permit; if the period of recurrence is gr ater than thirty (30) days, a separate temporary use permit shall be obtained for each 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 uscan 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 of 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. 0 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 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 useencroachment 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, 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 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 411Ir I 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, the subdivisions with model homes, or property outside of the master-planned villagccommunity. 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 thcsc 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. 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 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 tiliir residential zones by Temporary Use Permit only. At a minimum, the following standards shall apply: 7 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 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—,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 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 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. 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 411110 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. try 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 multi-family residential zones by Temporary Use Permit only. At a minimum, the lior 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 familyresidential 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, 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 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, nor property outside of the master-planned villagccommunity. 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 onina 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 Cie 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: 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 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: Mode► 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 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 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION JUNE 28,2012 Chairman Lloyd Pew opened the session of the Planning and Zoning Commission at 6:30 p.m. The following Commissioners were present: Chairman Lloyd Pew, Commissioners Stan Connick, Angela Strohan, Richard Turner and Gene Slechta, [and one open Commissioner's seat]. Also in attendance were Paul Mood, Director of Development Services, Robert Rodgers Senior Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes. Commissioner Michael Archambault was unable to attend the meeting due to a health issue and he 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 Commissioner Stan Connick present Commissioner Mike Archambault absent Commissioner Angela Strohan present Commissioner Richard Turner present Commissioner Gene Slechta present Chairman Lloyd Pew nominated Commissioner Angela Strohan for the remainder of Cecil Yate's term as Planning and Zoning Vice-Chairman. Commissioner Richard Turner SECONDED the NOMINATION and a voice vote was taken. Commissioner Strohan was unanimously approved and Commissioner Angela Strohan was appointed to the position of vice-chairman. Vice-Chairman Strohan's term will begin on Thursday, June 28, 2012 and expire on Thursday, October 11, 2012. 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, MAY 24, 2012. Commissioner Stan Connick MOVED to APPROVE the regular session meeting minutes for the Planning and Zoning Commission dated May 24, 2012. Commissioner Gene Slechta Page 1 of 7 SECONDED. A roll call was taken and the MOTION CARRIED (3 ayes and 2 abstained), by those present. Commissioner Richard Turner aye Chairman Lloyd Pew aye Commissioner Stan Connick aye Commissioner Angela Strohan abstained Commissioner Gene Slechta abstained AGENDA ITEM #2 — PUBLIC HEARING of a TEXT AMENDMENT to amend Section 19.05 — Public Art Requirements of the Zoning Ordinance. 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. Case Number Z2012-02; Ordinance 2012-04. Senior Planner Robert Rodgers gave the presentation. Mr. Rodgers explained that currently Public Art contributions are made at the time of Occupancy Permit approval for Commercial, Industrial, or Multi-Family development projects and this has proven to be problematic for the Building Safety Division over the past few years. Mr. Rodgers continued to state that on occasion, Building Division staff has had to hold back Certificates of Occupancy after a building had 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 0 Occupancy have been issued in error due to the current permit tracking software's inability to flag this requirement in the system. Mr. Rodgers added that 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 be made a the time the Building Permit is issued. The Planning and Zoning Commission voted to initiate this proposed zoning amendment at their May 24, 2012, regular meeting. Staff recommended that the Planning and Zoning Commission vote to forward a recommendation to the Town Council to approve the proposed Public Art zoning ordinance text amendment. Public Hearing Opened at 6:35 p.m. No one from the public requested to speak. Public Hearing Closed at 6:35 p.m. AGENDA ITEM #3 — CONSIDERATION of a TEXT AMENDMENT to amend Section 19.05 — Public Art Requirements of the Zoning Ordinance. If adopted, the amendment would revise the options for developer donations to the Public Art Fund to require that such donations Page 2 of 7 be made at the time of the Building Permit issuance rather than at the time of Certificate of lor Occupancy issuance. Case Number Z2012-02; Ordinance 2012-04. The Commission discussed in length the issue of refunding monies collected at the time of an issued permit and what happened if the project did not complete. Commissioner Richard Turner, Vice-Chairman Strohan, Commissioner Stan Connick and Chairman Pew supported collecting the monies at the time of issuance of the building permit, but all felt that if the project, for whatever reason did not finalize the art monies should be refunded in full to the applicant. Commission Gene Slechta supported completely the proposal by staff Commissioner Stan Connick made a MOTION to forward a recommendation to the Town Council that funds would be collected at the time of permit issuance, but not released for use until the time of issuance of a project Certificate of Occupancy. Art monies would then be released. Additionally, if a project was not kept active, the art monies would be refunded to the applicant of the project. Commissioner Richard Turner SECONDED and the MOTION was approved 5-0, by those present. AGENDA ITEM #4 — PUBLIC HEARING of a TEXT 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. Case Number Z2012-04; Ordinance 2012-05. Senior Planner Robert Rodgers gave the presentation. Mr. Rodgers stated that staff had received numerous inquiries from restaurants regarding whether or not they could create outdoor seating areas for their customers to use during the cooler months. Mr. Rodgers explained that currently, the TCCD zoning district is the only district that permits NON-enclosed outdoor seating areas. Mr. Rodgers pointed out that staff was proposing that all restaurants located within any commercial or lodging zoning districts have 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. Mr. Rodgers noted that restaurants that do not serve alcohol would have the option of not installing a fence or similar barrier around their outdoor seating areas and restaurants that served alcoholic beverages would still be required to enclose their outdoor seating areas under the State Liquor License requirements. Exceptions would be made in cases where public safety would be compromised and in those cases the town would require the seating area to be fenced or otherwise protected. Mr. Rodgers commented that a safety determination would be made either administratively or, during Concept • Plan review and/or the building permit process. Mr. Rodgers added that where no approvals for Page 3 of 7 physical improvements were required, the Zoning Administrator would make a determination administratively and ADA requirements would not be affected and would remain a requirement. Staff recommended that the Planning and Zoning Commission vote to forward the recommendation to the Town Council to approve the proposed text amendments to Chapters 12, 16, and 18 of the Zoning Ordinance relating to outdoor seating areas. Public Hearing Opened at 6:52 p.m. One speaker card was received from Town Councilmember Cecil Yates. Councilmember Yates stated that he felt this proposed amendment was a good idea. No one else from the public wished to speak. Public Hearing Closed at 6:54 p.m. AGENDA ITEM #5 — CONSIDERATION of a TEXT 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. Case Number Z2012-04; Ordinance 2012-05. Commissioner Gene Slechta stated that his objections were centered on the removing of the special use permit requirement for zoning districts C-C and C-1. Commissioner Slechta pointed out that theses two districts were different than the other commercial zoning districts since they serve a surrounding residential neighborhood, as defined in the Zoning Ordinance. He also pointed out that the special use permits requirement gives nearby residents the opportunity to provide feedback to the Town concerning possible noise concerns. Mr. Rodgers stated that in Fountain Hills he did not know of any commercial district that did not have adjacent residential properties. Commissioner Slechta stated out that he was in support of the proposed outdoor seating for restaurants but did not support the discontinuing of the special use permit process. Mr. Rodgers pointed out that staff was trying to treat all restaurants the same when it came to this issue. Commissioner Stan Connick stated his support since the amendment language stated that no audible entertainment outside was allowed. Mr. Rodgers pointed out that this language has been in previously and would not change. Commissioner Richard Turner stated that this was a good idea but businesses may need monitoring so that the business community respected staff's recommendation. Commissioner Richard Turner made a MOTION to APPROVE the proposed text amendments to Chapters 12, 16, and 18 of the Zoning Ordinance relating to outdoor seating areas, as presented. Vice-Chairman Angela Strohan SECONDED and the MOTION passed 4-1, with 1111/ Commission Gene Slechta voting nay. Page 4 of 7 AGENDA ITEM #6 — PUBLIC HEARING of TEXT AMENDMENTS to Chapters 2, 5, 9, ,. 10, 11, 15, and 18 of the Zoning Ordinance. If adopted, the amendments would revise the zoning regulations 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. Case Number Z2012-03; Ordinance 2012-06. Senior Planner Robert Rodgers gave the presentation. Mr. Rodgers explained that the temporary use permit regulations currently reside in seven chapters of the zoning ordinance and occasionally duplicated a number of other permit requirements. Mr. Rodgers added that sometimes these regulations create unnecessary and time-consuming procedures. See Exhibit "B" for list of sections in the zoning ordinance affected. Mr. Rodgers noted that the Planning and Zoning Commission voted to initiate this amendment at their May 24, 2012, regular meeting. Staff recommended that the Planning and Zoning Commission vote to forward a recommendation to the Town Council to approve the amendments to the Zoning Ordinance, Chapters 2, 5, 9, 10, 11, 15, and 18 as they relate to temporary use permits. Public Hearing Opened at 7:07 p.m. No one from the public requested to speak. 4., Public Hearing Closed at 7:07 p.m. AGENDA ITEM #7 — CONSIDERATION of TEXT AMENDMENTS to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance. If adopted, the amendments would revise the zoning regulations 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. Case Number Z2012-03; Ordinance 2012-06. Commissioner Richard Turner expressed disagreement with not posting the property involved as currently required in the temporary use permit process. Commissioner Turner also questioned switching land use activities subject to a special events permit, which was also found in the Town Code. Commissioner Gene Slechta spoke in support of this proposal because it would simplify time and save the business community temporary use permit fees. Chairman Lloyd Pew spoke in support since it appeared to be a mostly housekeeping process. Chairman Lloyd Pew MOVED to APPROVE the proposed text amendments to Chapters 2, 5, 9, 10, 11, 15, and 18 of the zoning ordinance. Commissioner Gene Slechta SECONDED the MOTION. A voice vote was taken and the MOTION passed 4-1, with Commissioner Richard Turner casting the nay vote. 116, Page 5 of 7 (0; Commissioner Stan Connick aye Commissioner Gene Slechta aye Vice- Chairman Angela Strohan aye Chairman Lloyd Pew aye Commissioner Richard Turner nay AGENDA ITEM #8 — 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#- 9- SUMMARY OF COMMISSION REQUEST from Senior Planner. NONE AGENDA ITEM #10 — REPORT from Senior Planner, Planning and Zoning Division of Development Services. Robert Rodgers congratulated Vice-Chairman Angela Strohan on her appointment. Mr. Rodgers pointed out that four of our current Commissioner's appointments will expire on September 30, 2012. Mr. Rodgers encouraged all those interested in re-appointment; return their applications to Janice before Monday, August 20, 2012. The Town Council Subcommittee would also be recommending an appointment to fill the vacancy of Cecil Yates. Commissioner Gene Slechta congratulated Town Councilmember Yates on his elected seat on the Council and also thanked him for his hard work during his term as a Planning and Zoning Commissioner and vice-chairman. AGENDA ITEM#11 - ADJOURNMENT. Commissioner Stan Connick MOVED to adjourn and Commissioner Gene Slechta SECONDED and the MOTION CARRIED (5-0),by those present. Chairman Lloyd Pew aye Vice-Chairman Angela Strohan aye Commissioner Stan Connick aye Commissioner Richard Turner aye Commissioner Gene Slechta aye The regular meeting ADJOURNED at 7:14 p.m. Page 6 of 7 • 4--- IN kon- REQUEST TO SPEAK CARD Please submit this card prior to the discussion of the item listed below. 14440t.oo** Meeting Date (7eC-1 Name/Phone No. City/Town TitleiOntanization I am representing(#of people) 0 YES, I ANisli to speak Oi 0 NO, I do not wish to speak. hut have indicated m pwation. OR D AGAINS't 0 CALL TO THE PUBLIC PUBLIC HEARING ITEM NO. 1.—,d7rite „ 0 AGENDA ITEM NO. PLEASE PRINT Comments: Thank you for participating in your Town government. Your comments are an impon Please fill out the comment card completely and turn it into the Clerk prior to the Counci prior to the beginning of the meeting. Exhibit "A" (Please see reverse far procedural Information on addressing t 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 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. The full text of the affected Zoning Ordinance sections with the proposed changes is attached. Risk Analysis(options or alternatives with implications): Approval of the proposed text 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 Recommendation(s): The Planning &Zoning Commission voted to initiate this amendment at their May 24, 2012 regular meeting. Page 2 of 3 Exhibit "B" FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: . e,-.24- �t airman Lloyd E. Pew ATTEST: ��► Janice Baxter, Recorder CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 28th day of May 2012, in the Town Council Chambers. I further certify that the meeting was duly called and that a quorum was present. tby Dated this 28th day of June 2012. Janice Baxter, Recorder II L Page 7 of 7 I