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HomeMy WebLinkAboutPZ.2012.0913.Minutes 11110 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION SEPTEMBER 13, 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, Vice-Chairman Angela Strohan, Commissioners Richard Turner and Gene Slechta, [and one open Commissioner's seat]. Also in attendance were Robert Rodgers Senior Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes. Commissioner Mike Archambault could not attend due to a family illness and Commissioner Stan Connick was not able to attend due to other obligations. Commissioner Archambault and Commissioner Stan Connick were unable to contact 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 Angela Strohan present Commissioner Richard Turner present Commissioner Gene Slechta present Commissioner Stan Connick absent Commissioner Mike Archambault absent One Open Seat 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,July 12,2012. Vice-Chairman Angela Strohan MOVED to APPROVE the regular session meeting minutes for the Planning and Zoning Commission dated July 12, 2012. Commissioner Gene Slechta SECONDED. A roll call was taken and the MOTION CARRIED 4 -0, by those present. Commissioner Richard Turner aye Chairman Lloyd Pew aye Commissioner Angela Strohan aye Page 1 of 9 Commissioner Gene Slechta aye 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 2012-02; Ordinance 2012-04. Robert Rodgers Senior Planner gave the presentation and pointed out that this was the second time the Commission had been presented with this ordinance. Mr. Rodgers explained that this ordinance amendment was proposed due to a request from the Building Safety Division who is responsible for the initial collection of the public art fee. Mr. Rodgers added that the public art contributions were made at the time of occupancy permit approval for commercial, industrial, or multi-family development projects. He stressed that 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 and that tenants were occasionally allowed to occupy completed spaces by the property owners before the certificate of occupancy was issued. Staff has expressed that 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 stated that if this amendment was approved, the administrative process would be similar to the current process except that the collecting of the art fee would occur at the beginning rather than at the end. Mr. Rodgers pointed out that at the request of the Commission in the previous public hearing; a mechanism had been included to allow for reimbursement of any donated funds or artwork in the event of the project's failure to begin construction for some reason. At the May 24, 2012, regular meeting, the Commission initiated this proposed zoning amendment and voted at their June 28, 2012, public hearing to recommend approval subject to including a refund provision. Staff recommended that the Planning and Zoning Commission forward a recommendation to the Town Council to approve the public art zoning ordinance text amendment, as presented. Public Hearing Opened at 6:34 p.m. No one wished to speak on this amendment. Public Hearing Closed at 6:34 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 be made at the time of the Building Permit issuance rather than at the time of Certificate of Occupancy issuance. Case Number 2012-02; Ordinance 2012-04. Page 2 of 9 Chairman Lloyd Pew asked for questions or discussions from the Commissioners. No one requested to speak. Chairman Lloyd Pew made a MOTION to forward a recommendation to the Town Council to APPROVE the text amendments to the Zoning Ordinance, as presented and Commissioner Richard Turner SECONDED. The MOTION passed 4-0,by those present. AGENDA ITEM #4 — PUBLIC HEARING of a TEXT AMENDMENTS of 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. Robert Rodgers, Senior Planner gave the presentation and pointed out that this was the second time the commission was presented with this ordinance amendment. Mr. Rodgers pointed out that staff had received a lot of inquiries from local restaurants about the possibility of creating outdoor seating areas for their customers to use during the cooler months. Mr. Rodgers explained that currently the TCCD zoning district was the only district that permitted non- enclosed outdoor seating areas. Mr. Rodgers added that this ordinance amendment would allow restaurants in any commercial or lodging district to create on-site outdoor seating areas without • requiring the business to enclose the patio or that they obtain a special use permit. Mr. Rodgers expressed that the amendment would also apply to restaurants that serve alcoholic beverages subject to the business' state liquor license also allowing them to not enclose their outdoor seating area. In cases where public safety might be compromised; the town would require the seating area to be fenced or somehow be protected. Mr. Rodgers noted that this was the only change from the previously presented proposal. Mr. Rodgers explained that the public safety determination would be made administratively or during the concept plan approval/building permit process. Mr. Rodgers mentioned that ADA access requirements would not be affected. Staff recommended that the Planning and Zoning Commission forward a recommendation to the Town Council to approve the outdoor seating area zoning ordinance text amendment, as presented. Public Hearing Opened at 6:37 p.m. No one requested to speak. Public Hearing Closed at 6:37 p.m. Page 3 of 9 AGENDA ITEM #5 — CONSIDERATION of a 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. Case Number Z2012-04; Ordinance 2012-05. Chairman Lloyd Pew asked for questions or comments from the Commissioners. Commissioner Richard Turner asked how staff would know which restaurants were creating outdoor seating without the permit process. Robert Rodgers answered that restaurant owners would still be required to submit a proposal for staff to review over the counter and either approve or give recommendations on outdoor seating. Commissioner Turner was concerned about parking issues being created due to the placement of tables. Mr. Rodgers stressed that parking and ADA issues would be addressed through this process. Commissioner Gene Slechta supported the changes in fencing requirements, but reiterated his objection that this proposed process would eliminate the ability for neighboring resident to express their concerns due to the lack of public hearings that are now available to address these concerns. Commissioner Slechta added that there were two zoning district descriptions with two sentences not found in the others that stated; • 1. Provide for services to the community that did not interfere with the integrity of the surrounding neighborhood. 2. Particular attention is to be paid to the interface between commercial and professional uses and residential uses within the same neighborhood. Commissioner Slechta added that CC and C-1 now require Special Use Permits for outdoor seating because they were so closely aligned by residential neighborhoods. He stated that it was not unreasonable to allow the surrounding neighborhoods to have the opportunity to weigh in through a Special Use Permit process. Commissioner Gene Slechta requested to amend the proposed amendment to retain the original zoning ordinance language and require a Special Use Permit in the CC and C-1 commercial zoning districts. Commissioner Richard Turner asked staff, which were the most neighborhood compatible zoning districts. Mr. Rodgers answered that it was probably the CC zoning district because C-1, C-2, C-3 were more dense. Commissioner Turner stated he agreed with Commissioner Slechta. Commissioner Gene Slechta made a MOTION to amend the proposal to continue to retain the Special Use requirement in the CC and C-1 zoning districts for outside seating. Chairman Lloyd Pew asked for the MOTION to be SECONDED. The MOTION FAILED for lack of being SECONDED. Page 4 of 9 Commissioner Richard Turner made a MOTION to approve the proposed amendment with the exception of CC zoning districts. Vice-Chairman Angela Strohan SECONDED the MOTION. Chairman Lloyd Pew requested any questions or comments from the Commission. Commissioner Gene Slechta stated he understood C-1 to be more commercial (light commercial). Robert Rodgers, Senior Planner recommended against the current motion because the CC zoning districts was not any different from the other commercial districts they all back up to residential districts. Mr. Rodgers pointed out that even the downtown C-2 and TCCD zoning districts back- up to multi-family areas. Mr. Rodgers noted that these areas were no different than the more dense areas. Mr. Rodgers also expressed that it would be unfair to the CC and C-1 district commercial properties to require only those to apply for a special use permit. Since this proposed ordinance included an over-the-counter review, the proposed process would be equitable for all commercial districts. Commissioner Turner stated that he saw the current process as not prohibiting CC and C-1 from having outdoor seating, but shows there is a process that businesses go through. If there were neighbors with concerns,they would have the opportunity to provide their input. Vice-Chairman Strohan asked what areas would be involved. Mr. Rodgers noted that some of the areas of Town in the CC District. Chairman Lloyd Pew stated he was not in favor of this exception. Chairman Pew pointed out that any problem with noise would fall under the noise ordinance. He added that the proposed zoning ordinance would treat those commercial businesses differently for no reason. Commissioner Slechta added that during his time as a planner for the town, he remembered a Special Use Permit request he presented that involved a request for extended restaurant/bar hours. This request was in a CC zoning district and there were a lot of opposition from the residents in the area. Chairman Pew asked if the over-the-counter permit process included a mechanism for residents to walk in and voice their concerns about outdoor seating on a particular establishment or find out why a permit was granted. Mr. Rodgers answered that if someone wanted to challenge a permit,they would have to appeal to the Town Council, after the fact. Commissioner Turner remarked that by using the special use permit and its process, input from the residents could possibly result in modifications or revisions necessary to the issuance. Vice- Chairman Strohan agreed that the residents should have the right to be heard. No other discussion or comments were made. Page 5 of 9 Chairman Pew asked for all those in favor of the MOTION (Commissioner Richard Turner made a MOTION to approve the proposed amendment with the acceptation of CC zoning districts.) Those voting in favor of the MOTION were Commissioner Richard Turner and Vice-Chairman Angela Strohan. Those voting nav of the MOTION were Chairman Lloyd Pew and Commissioner Gene Slechta. The MOTION FAILED by 2-2 vote. Commissioner Richard Turner made a MOTION to continue this agenda item until the next scheduled meeting. Commissioner Gene Slechta SECONDED the MOTION and the MOTION carried 4-0, by those present. AGENDA ITEM #6 -PUBLIC HEARING of a 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 Number 2012-06. Robert Rodgers gave the presentation and noted that this was the second time the commission was presented with this proposal. Mr. Rodgers explained that numerous temporary use permit regulations resided in eight separate ordinance sections of seven different chapters of the zoning ordinance and occasionally duplicated other permit requirements, which created additional unnecessary and time-consuming procedures. Mr. Rodgers summed up the proposed changes that would significantly reduce the time and expenses involved in acquiring and administering permits as follows: 1. The requirement to get event related Temporary Use Permits would be eliminated. Those requests would get Special Event Permits. 2. Temporary Use Permits issued through staff would be reviewed and issued administratively. 3. Activities in the right-of-ways or easements would still be processed through Building Permits and Encroachment Permits. 4. Any appeals would continue to go to Town Council. Mr. Rodgers explained that these proposed changes were expected to significantly reduce the time and expenses involved in acquiring and administering these permits. • Page 6 of 9 Mr. Rodgers pointed out that a significant policy change from the current ordinance was that master planned community sales centers may now be in any size development rather than only those with 200 acres or more. • Staff recommended that the Planning and Zoning Commission forward a recommendation to the Town Council to approve the Temporary Use Permit zoning ordinance text amendments, as presented. Public Hearing Opened at 6:59 p.m. No one requested to speak. Public Hearing Closed at 6:59 p.m. AGENDA ITEM #7 — CONSIDERATION of a 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 Number 2012-06. Commissioner Richard Turner asked how anyone would know if an event were pending. Mr. Rodgers answered that with the Town Attorney's input in the ordinance, the procedure would be that if a permit was appealed, staff would suspend it and then require the requested event go to the Town Council for a hearing. Vice-Chairman Strohan asked about daycare requests and the notification of residents. Mr. Rodgers explained that a business of this kind would need a business license. Home Occupation stipulations would be included in the process of issuance of that license. Commissioner Gene Slechta stated he supported the proposed amendment to the Zoning Ordinance. Vice-Chairman Strohan made a MOTION 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. Commissioner Gene Slechta SECONDED. The MOTION passed 4-0,by those present. AGENDA ITEM #8 — SUGGESTIONS regarding TOPICS OF DISCUSSION for the Thursday, October 11,2012, Town Council and Planning and Zoning Commission Joint Session. The following topics were suggested by the Commissioners to be discussed at the Thursday, October 11, 2012,joint session with the Town Council: 1. Street Improvement Town wide. Page 7 of 9 2. Downtown Development Update. 3. Status of Economic Development Policy. 4. Any Development Proposals on Reservation. AGENDA ITEM #9 — 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#10- SUMMARY OF COMMISSION REQUEST from Senior Planner. NONE AGENDA ITEM #11 — REPORT from Senior Planner, Planning and Zoning Division of Development Services. Mr. Rodgers informed the Commissioners that six (6) applicants were interviewed by the Town Council Interview Subcommittee for five (5) open seats and the Town Council would announce the newly appointed members at the September 20, 2012, Town Council Meeting. Oaths of Office would be administered the following week. Mr. Rodgers added that on October 11, 2012, the Commission would hold a joint session with the Town Council beginning at 5:30 p.m. followed by a regular Planning and Zoning Commission meeting that would also include the appointment of a chairman and vice-chairman for a one-year term and the Sign Regulations proposed amendment AGENDA ITEM#12 -ADJOURNMENT. Commissioner Richard Turner MOVED to adjourn and Commissioner Gene Slechta SECONDED and the MOTION CARRIED (4-0),by those present. Chairman Lloyd Pew aye Vice-Chairman Angela Strohan aye Commissioner Richard Turner aye Commissioner Gene Slechta aye The regular meeting ADJOURNED at 7:19 p.m. I Page 8 of 9 I L FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY airman Lloyd E. Pew ATTEST: Qj' LLL- p6G�e-(- Janice Baxter, Recorder CERTIFICATION foregoing minutes are a true and correct copyof the minutes of the I herebycertifythat the g g meeting of the Fountain Hills Planning and Zoning Commission held on the 13th day of September 2012, in the Town Council Chambers. I further certify that the meeting was duly called and that a quorum was present. Dated this 13th day of September 2012. }6au&—c-, Janice Baxter, Recorder L Page 9 of 9 �TAIN�j TOWN OF FOUNTAIN HILLS � � It"""�nn z n X Planning and Zoning �, }mow . Board of Adjustment 4 'bat 0 tioo AGENDA ACTION FORM Meeting Date: September 13, 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 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) Je made at the time the Building Permit is issued. Page l of 2 If a cash donation is made, or a piece of art is donated, and a building permit is issued but no construction is initiated, mechanisms have been included to note that such contributions will be 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. The Commission also voted at their June 28, 2012 meeting to recommend approval of this amendment subject to including a refund provision as noted above. 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): Ordinance #12-04 P&Z Commission Meeting Minutes of 6/28/2012 E-Mail from Chair of the Public Art Committee dated 6/25/2012 Submitted by: A Bob Rodgers, Senio . er August 28, 2012 Name/Title Date Approved by: Development Services Director Date Page 2 of 2 ORDINANCE NO. 12-04 • AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 19, SECTION 19.05, BY REVISING THE PROVISIONS RELATED TO PUBLIC ART DONATIONS. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved Ordinance No. 93-22, which adopted the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 19 (Architectural Review Guidelines), Section 19.05 (Landscaping & Signage) to revise the procedures for developer donations to the Public Art Fund; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT. § 9-462.04, public hearings regarding the subject matter of this ordinance were advertised in the August 22, 2012 and August 29, 2012 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on September 13, 2012, and by the Town Council on October 4, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF • THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town of Fountain Hills Zoning Ordinance, Chapter 19 (Architectural Review Guidelines), Section 19.05 (Landscaping & Signage), Subsection I (Public Art Requirement) is hereby amended as follows: 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 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. 1758761.7 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. 4. AN APPLICANT MAY BE ENTITLED TO A REFUND OF THE MONETARY DONATION OR THE RETURN OF THE EXTERIOR PIECE OF ART SUBJECT TO THE FOLLOWING: a. AN APPLICANT WHO HAS MADE A MONETARY PUBLIC ART DONATION FOR A BUILDING CONSTRUCTION, FOR WHICH A BUILDING PERMIT HAS BEEN ISSUED BUT CONSTRUCTION HAS NOT BEEN INITIATED, SHALL BE ELIGIBLE FOR A REFUND. REQUESTS FOR A REFUND SHALL BE MADE ON A FORM PROVIDED BY THE TOWN FOR SUCH PURPOSES. AN APPLICATION FOR A REFUND MUST BE MADE WITHIN 60 DAYS FOLLOWING THE EXPIRATION OR REVOCATION OF THE BUILDING PERMIT. THE APPLICANT SHALL SUBMIT WITH THE APPLICATION (I) THE AMOUNT OF THE DONATION PAID BY THE APPLICANT, (II) RECEIPTS EVIDENCING SUCH PAYMENTS AND (III) DOCUMENTATION EVIDENCING THE EXPIRATION OR ® REVOCATION OF THE BUILDING PERMIT. FAILURE TO APPLY FOR A REFUND WITHIN 60 DAYS FOLLOWING THE EXPIRATION OR REVOCATION OF THE BUILDING PERMIT SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A REFUND. UPON RECEIPT OF A COMPLETE APPLICATION, THE TOWN MANAGER OR AUTHORIZED DESIGNEE SHALL REVIEW THE REQUEST AND DETERMINE WHETHER A REFUND IS DUE. A REFUND SHALL BE PAID UPON AFFIRMATIVE DETERMINATION BY THE TOWN MANAGER OR AUTHORIZED DESIGNEE. B. AN APPLICANT WHO HAS MADE A PUBLIC ART DONATION IN THE FORM OF AN EXTERIOR PIECE OF ART, FOR A BUILDING CONSTRUCTION, FOR WHICH A BUILDING PERMIT HAS BEEN ISSUED BUT WHICH CONSTRUCTION HAS NOT BEEN INITIATED SHALL BE ENTITLED TO THE RETURN OF THE EXTERIOR PIECE OF ART DONATED. REQUESTS FOR RETURN SHALL BE MADE ON A FORM PROVIDED BY THE TOWN FOR SUCH PURPOSES. AN APPLICATION FOR A RETURN MUST BE MADE WITHIN 60 DAYS FOLLOWING THE EXPIRATION OR REVOCATION OF THE BUILDING PERMIT. THE APPLICANT SHALL SUBMIT WITH THE APPLICATION (I) THE DESCRIPTION OF THE EXTERIOR PIECE OF ART, (II) DOCUMENTATION EVIDENCING THE APPLICANT'S • DONATION OF THE EXTERIOR PIECE OF ART TO THE TOWN AND 1758761.7 2 (III) DOCUMENTATION EVIDENCING THE EXPIRATION OR • REVOCATION OF THE BUILDING PERMIT. FAILURE TO REQUEST A RETURN OF THE EXTERIOR PIECE OR ART WITHIN 60 DAYS FOLLOWING THE EXPIRATION OR REVOCATION OF THE BUILDING PERMIT SHALL CONSTITUTE A WAIVER OF THE RIGHT TO RETURN AND THE EXTERIOR PIECE OF ART SHALL BE DEEMED PROPERTY OF THE TOWN. UPON RECEIPT OF A COMPLETE APPLICATION, THE TOWN MANAGER OR AUTHORIZED DESIGNEE SHALL DETERMINE WHETHER RETURN IS DUE. THE TOWN SHALL RETURN EXTERIOR PIECE OF ART TO THE APPLICANT FOLLOWING AN AFFIRMATIVE DETERMINATION BY THE TOWN MANAGER OR AUTHORIZED DESIGNEE. c. AN ADMINISTRATIVE FEE, IN AN AMOUNT DETERMINED BY THE TOWN COUNCIL SHALL BE PAID AT THE TIME OF THE APPLICATION TO OFFSET THE ADMINISTRATIVE EXPENSE ASSOCIATED WITH PROCESSING THE APPLICATION. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. • SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, October 4, 2012. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney • 1758761.7 3 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 L 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 HEARING of a TEXT AMENDMENT to the Zoning Ordinance to (11100 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 ‘i,. 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 staffs 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. filmy Page 4 of 7 Lir 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. L Page 5 of 7 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. tr 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. tor Page 6 of 7 4- o/ REQUEST TO SPEAK CARD Please submit this card rin—nr a rbe discussion of the item listed below. � '_� ' Meeting Date `� Name/Phone No. City/Town Title/Organization I am representing(#of people) C1 :ICES, my s eak Or NQ,.f,do.nokwtsh tos spent but have indicated Rosman: FOR D AGAINST Y�wts>jt.to � GALIA T* PUBLICter '�1 PUBLIC HEARING ITEM NO. D AGENDA NO. Pt.t:.%SE PRINT Comments: Thank you for participating in your Town government. Your comments are an impon Please fill our the comment card completely and turn it into the Clerk rin nr to the Counci. x�Zblt ��A�� prior to the beginning of the meeting. (Please see reverse for procedural Information on addressing 1. 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 Sates and Similar Activities This section is being amended to eliminate the need for TUP's. All events of this type (except outdoor retail sates)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 stil 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 Sates 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. L Pogo 2of3 Exhibit "B" ,,., FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: L � ��Chairman Lloyd E. Pew ATTEST: Ci..yth.4_, -- &ALA. 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 28'h 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 28`h day of June 2012. Janice Baxter, Recorder 4 too' Page 7 of 7 Robert 'Bob' Rodgers Subject: Proposed Changes to Sect. 19-05 of the Town Code - Public Art 1 Iltar Original Message From: Mark Mayer [mailto:mmayer@fh.az.gov] Sent: Monday, June 25, 2012 7:32 AM To: 'Robert 'Bob' Rodgers' Subject: FW: Proposed Changes to Sect. 19-05 of the Town Code - Public Art 1% FYI. Chair of the Public Art Committee. Original Message From: sandinorm0cox.net [mailto:sandinormPcox.net] Sent: None To: Mark Mayer; ' Jerry Miles' Subject: Re: Proposed Changes to Sect. 19-05 of the Town Code - Public Art 1% That makes great sense. We are all for that. Sandi Mark Mayer <mmayer@fh.az.gov> wrote: > Sandi / Jerry - Development Services staff have encountered some issues with collecting the Public Art fee because under the current language it is collected at the end when the Certificate of Occupancy is issued. What is being proposed is that the money be collected at the beginning when the Building Permit is issued. This should help bring in additional funds and provide them more quickly. > Any issue / concerns please contact Senior Planner Bob Rodgers at 816-5138. L 1 ��AIN�! TOWN OF FOUNTAIN HILLS n tP Planning and Zoning WOW • 'vs . Board of Adjustment (bat ..tioo AGENDA ACTION FORM Meeting Date: September 13, 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. The proposed text amendments will provide all restaurants which are already permitted uses and located .vithin 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 2 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 also have the option unless required to enclose their outdoor seating areas under the State Liquor License requirements. Exceptions are lade in cases where public 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. The Commission also voted at their June 28, 2012 meeting to recommend approval of this amendment. taff Recommendation(s): Staff 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 forward a 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 as presented. Attachment(s): Ordinance #12-05 P&Z Agenda and Meeting Minutes of 6/28/12 Submitted by: Bob Rodgers, Senior - &- : August 28, 2012 Name/Title Date Approved by: Development Services Director Date Page 2 of 2 ORDINANCE NO. 12-05 • AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 12 COMMERCIAL ZONING • DISTRICTS, CHAPTER 16 LODGING ZONING DISTRICTS, AND CHAPTER 18 TOWN CENTER COMMERCIAL ZONING DISTRICT, RELATED TO OUTDOOR SEATING AREAS. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22, which adopted the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 12 (Commercial Zoning Districts), Chapter 16 (Lodging Zoning Districts) and Chapter 18 (Town Center Commercial Zoning District), (i) to allow restaurants within those districts to have outdoor seating areas and (ii) to clarify that outdoor seating areas need not be enclosed if no alcoholic beverages are served; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT. § 9-462.04, public hearings regarding this Ordinance were advertised in the August 22, 2012, and August 29, 2012 editions of the Fountain Hills Times; and • WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on September 13, 2012, and by the Town Council on October 4, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 12 (Commercial Zoning Districts), Subsection 12.02(B)(1) (Permitted Uses, Uses Permitted in C-1, C-C, C-2, and C-3, Zoning Districts, Commercial Uses) is hereby amended by modifying subsection t thereof, to read as follows: t. Restaurants, INCLUDING OUTDOOR PATIO WITH OR WITHOUT COCKTAIL LOUNGES, PROVIDED THAT THERE IS NO • ENTERTAINMENT OR MUSIC AUDIBLE OFF-SITE, AND PROVIDED THAT ANY OUTDOOR PATIO WITH ALCOHOLIC BEVERAGE SERVICE MUST BE ENCLOSED AS REQUIRED BY ARIZONA REVISED STATUTES § 4-207.01, AS AMENDED, EXCEPT FOR THE TIME DURING WHICH A CURRENT AND APPLICABLE BARRIER EXEMPTION, AS GRANTED BY THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL, • IS IN PLACE FOR THE OUTDOOR PATIO. 1758780.4 LIQUOR LICENSES AND CONTROL, IS IN PLACE FOR THE OUTDOOR PATIO. SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 8. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, October 4, 2012. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk • REVIEWED BY: APPROVED AS TO FORM: Ken Buchanan, Town Manager Andrew J. McGuire, Town Attorney • 1758780.4 3 nqny V).. a Jtf f P 14i +* Wt 1 •l p ` iii1' 1 1 \ Z REGULAR MEETING C., 1,;-- 6 — 5*': '":' PLANNING AND ZONING COMMISSION (7ornnrission Members: Chairman Lloyd Pen'and Face-C.'hairmmn/Open to Appointment). Commissioners: nitela Strrr/tarr, Richard Turner, Stan C'onnic A,Alike rlr•chanrbauit and Eugene Slechta Pursuant to.1.R.S. 3<S�'--1_ 1.(1', notice is ltc'rebygn=err to the members of thcr Fountain I/ills Planning and Zoning Commission and to the,general public that the Fountain Hills Planning and Zonin,;(.'ommission will hold a regular meeting, which is open to the general public, on.lane 28. 2012, at 6:30 pin. in the Town flail Council Chambers at 16705 E. Avenue of"the k'uuntai is, Fountain [fills, .1_ri_ona. TIME: 6:30 P.J1. -- REGULAR SESSION SS III N: THURSDAY,JUNE 28,2012 WHERE: TOWN HALL COUNCIL CI-IA11I3ERS 16705 E. AVENUE OF Ti'IE FOUNTAINS • — _ —_ _ . PROCEDURE FOR AUl)RESSiNG TILT: PLANNING & ZONING COMMISSION Anyone wishineg to speak before the Commission must till out a speaker's card and submit it to the Commission Secretary prior to Commission discussion of that Agenda item. Speaker Cards arc 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 ['residing Officer shall keep control of tlw meeting and shall require the speakers and audience to rvfica'n ,from alursive or profiare remarks, disruptive outbursts, applause, protests or other conduct that disrupts or inter/cn's with the orderly conduct of the busineess of the meeting. Personal attacks on Commissioners, Town Council members, "lawn stall or members of"the public are not allowed. Please he respectful when making your comments. [fa speaker chooses not to speak when called, the speaker Mill be deemed to have waived his or her opportunity to speak on the matter. Speakers meet'not (ii reserve a portion of their tune for a later tune or(ii) transfer any portion of their time to another speaker. If there is a Public !fearing, 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 C'hairman upon ret/rrc'sv by the speaker nal less tluri-- ,'l Jtrrrtt y.Prior to di ,1le;eting, till cons wois gi the Commission at:fleeting or(iii) the (,'hairnran either prior to or during.r ,Ileeu'rrg. If you do not comply with these ii! rules,y'ou will be asked to leave. Planning and Zoning Commission:\gcnda t''we I 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. (1) CONSIDERATION of APPROVING the Regular Session meeting minutes with the Planning and Zoning tow 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 Cr, 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 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. §I-602.A.9 have been waived." Planning and Zoning Commission Agenda Page 3 of 3 cry 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 ihr 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 L 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 L Page 2 of 7 Lew 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 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 staffs 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. L 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. L Page 5 of 7 iry 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. L Page 6 of 7 �yTAINJij TOWN OF FOUNTAIN HILLS �0 ttcr 1 0 X Planning and Zoning Board of Adjustment 4 that ..`tioo AGENDA ACTION FORM Meeting Date: September 13, 2012 Meeting Type: Regular Agenda Type: Regular Submitting Division: Planning & Zoning Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodciers(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 ureaucracy 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 .1ffect 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. The Commission also voted at their June 28, 2012 meeting to recommend approval of this amendment. 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 slate 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): Ordinance #12-06 P&Z Commission Meeting Minutes of 6/28/2012 Submitted by: Bob Rodgers, Senior - .' " August 28, 2012 Name/Title ' Date Approved by: vz,,,z_ Devlop ent Services Director Date • Page 3 of 3 ORDINANCE NO. 12-06 AN• ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE,RELATING TO TEMPORARY USE PERMITS. WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22, which adopted the Zoning Ordinance for the Town of Fountain Hills(the"Zoning Ordinance");and WHEREAS,the Town desires to amend various sections of the Zoning Ordinance to streamline the procedures for temporary use permits; and WHEREAS, pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings were (i) advertised in the August 22, 2012, and August 29, 2012 editions of the Fountain Hills Times and (ii) held by the Fountain Hills Planning and Zoning Commission on September 13,2012, and by the Mayor and Council of the Town of Fountain Hills(the"Town Council")on October 4,2012. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA,as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 2, Subsection 2.03(B)(1) (Temporary Use Permits— General Regulations)is hereby amended as follows: 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 ZONING ADMINISTRATOR staff is empowered to grant applications for temporary use permits if . The ZONING ADMINISTRATOR staff may impose reasonable conditions upon such temporary use permits. SECTION 3. The Zoning Ordinance, Chapter 2, Subsection 2.03(C) (Temporary Use Permits — Temporary Use Permit Application)is hereby amended as follows: C. Temporary Use Permit Application: Application for a temporary use permit shall be filed with the Development SERVICES Department on a form prescribed by the Community Development 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. SECTION 4. The Zoning Ordinance, Chapter 2, Subsection 2.03(D) (Temporary Use Permits — Action and Findings)is hereby amended as follows: 4110 1761014.2 • . . . . 2. [RESERVED.]Notice of the nature of the temporary us • • • • for providing the 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 WITHIN TEN (10) DAYS OF THE COMMENCEMENT OF THE USE ALLOWED BY THE TEMPORARY USE PERMIT , THE ZONING ADMINISTRATOR SHALL SUSPEND THE TEMPORARY USE PERMIT UNTIL COUNCIL RENDERS A DECISION. 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). 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. SECTION 5. The Zoning Ordinance, Chapter 2, Subsection 2.03(E) (Temporary Use Permits, Time Limits)is hereby amended as follows: 1. Temporary use permits become effective the day after the advertising period, if no OF ISSUE. 2. If any written protest is received, a temporary use permit issued by the Town Council is SUSPENDED AND BECOMES 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 1761014.2 2 • from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the temporary use permit to become null 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. SECTION 6. The Zoning Ordinance, Chapter 2, Subsection 2.03(F) (Temporary Use Permits, Time Limits) is hereby amended as follows: 1. Temporary use permits granted in accordance with the provisions of this ordinance may be revoked by the 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 permittee 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 TEMPORARY USE PERMIT IS REVOKED. 2. Any temporary use permit shall be considered null and void if construction does not SUBSTANTIALLY 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. SECTION 7. The Zoning Ordinance, Chapter 5, Section 5.16 (Temporary Carnivals, Circuses, Revivals,Rodeos, Swap Meets,Outdoor Retail Sales and Similar Activities)is hereby amended as follows: Section 5.16 Temporary Carnivals,Circuses,Revivals,Rodeos, Swap Meets;Outdoor-Retail Sales-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,outdo 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. orary—Use—SPECIAL EVENT Permit: A temporary use SPECIAL EVENT permit shall be obtained from the Zoning Administrator TOWN in accordance with the following: 1. The 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 teniffefapfuse SPECIAL EVENT permit. • 1761014.2 3 • 2. The TOWN shall ensure that land area is adequate for the proposed use and consequent parking, and shall ensure that traffic safety is considered. a. APPLICANTS SHALL submit 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—apfir-eved method of dust control €rem APPROVED BY the Town Engineer. c. If the proposedtemporary 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 ' t" ed by Council. 3. The Zoning Administrator TOWN shall require any measures necessary to protect surrounding property. 4. A time limit shall be established for each use conducted under the temporary use A 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) temporary use permit issued for the san Council may grant permission for the .s_ to b_ h la more +'.___ __e (" time duri_ 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 use SPECIAL EVENT permit. subject to the fellewiagi • year. • ti t h eld u naer ch p t• if t'he =ried of recurrence is greater than thirty c. The Town Council shall approve all temporary use permits for outdoor retail sales recurring more than once(1)in a calendar year. 5. Permanent structures shall not be permitted under a temporary use SPECIAL EVENT permit. SECTION 8. The Zoning Ordinance,Chapter 5, Section 5.21 (Temporary Construction Equipment and Storage Yards for Construction Activity in Public Rights-of-Way and Easements) is hereby amended as follows: 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 aery-use-AN ENCROACHMENT PERMIT ISSUED BY THE TOWN ENGINEER. At a minimum,the following regulations are placed upon any such a-use: C 1761014.2 4 • 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 materials that obscure at least ninety-five (95%) percent of wall plane of the fence ARE REQUIRED. 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 ENCROACHMENT 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. The Zoning Ordinance, Chapter 9, Subsection 9.02(B)(7) (Open Space Zoning District—Permitted Uses)is hereby amended as follows: a. A special event facility shall be constructed using the same exterior building materials and paint color as the clubhouse. Unless permitted by a development agreement, tents, membrane structures or similar buildings or structures are specifically prohibited. However, temporary single-event tent(s) may be permitted by SPECIAL EVENT Temporary Use Permit pursuant to Section 5.16 of this Ordinance. c. In no case shall a special event facility be used between the hours of 12:00 AM and 6:00 AM on Friday and Saturday evenings. A special event facility shall not be used between the hours of 10:00 PM and 6:00 AM on Sunday through Thursday evenings. However, on holidays that occur on Sunday through Thursday evenings, the DEVELOPMENT SERVICES Director f r mi anity Developme"t may, with prior approval, allow a special event facility to be used until 12:00 AM instead of 10:00 PM. If the DEVELOPMENT SERVICES Director f Communit,, Dove' nt determines that music or crowd noise has disturbed adjacent residential users, the DEVELOPMENT SERVICES Director f C unit., Develop"', at his/her discretion and by certified letter to the golf course operator, may further limit the hours of future special events. d. No additional parking spaces are required to be provided for a special event facility. However, there shall be no non-golf-related events that utilize the special event facility that begin before 4:00 PM unless either additional on-site parking for the facility is provided at a rate of one parking space per every 4 persons of the capacity of the special event facility or alternative parking accommodations and transportation(if necessary) are provided and prior approval is given by the DEVELOPMENT SERVICES Director of Community De el, en t. SECTION 10. The Zoning Ordinance, Chapter 9, Subsection 9.03(A) (Uses Subject to Temporary Use Permit in the"OSR"Zoning District)is hereby amended as follows: • 1761014.2 5 1 • A. Master-Planned Village Sales and Information Center within a Clubhouse. The developer of a master-planned VILLAGE community over 200 contiguous acres, may operate A MASTER-PLANNED VILLAGE SALES AND INFORMATION CENTER f ri atio. -sale f cility within a clubhouse by temporary use permit only. In the review for a master-planned VILLAGE eemnitinity sales and information center temporary use permit, the TOWN 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: 2. The center shall be for the purpose of marketing the specific master-planned village, the sale of lots in the master-planned village 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 village. The sale of country club memberships within the master- planned village is permitted as an accessory USE ONLY IF THE MASTER-PLANNED VILLAGE HAS SUCH A COUNTRY CLUB. 5. p Si na a shall BE in conformance with Chapter 6, Section 6.07 of this ordinance. g g SECTION 11. The Zoning Ordinance, Chapter 10, Subsection 10.02(A)(10) (Single-Family Residential Districts—Permitted Uses)is hereby amended as follows: 10. Home Day Care Center in an operator's residence,with no swimming pool, for five(5)or 0 less people, operation only between the hours of 6:00 A.M. and 8:00 P.M. No signage or other evidence of a day care center is permitted. One additional off-street parking space is required. ANY OPERATION OF A DAY CARE CENTER PRIOR TO 6:00 A.M. AND AFTER 8:00 P.M. IS PERMITTED ONLY BY A SPECIAL USE PERMIT. SECTION 12. The Zoning Ordinance, Chapter 10, Section 10.03 (Single-Family Residential Districts—Uses Subject to Temporary Use Permit)is hereby amended as follows: 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 SINGLE- FAMILY RESIDENTIAL Zoning Districts with the following minimal stipulations: 5. [RESERVED] Any operation of a Day Care Center prior to 6:00 A.M. and after 8:00 P.M. is permitted only by Special Use Permit. 9. Any Day Care CENTER Facility with a swimming pool or other applicable body of water as defined in Section 5.097(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. • 1761014.2 6 ® B. Bed and Breakfast: Bed and Breakfast operations may be permitted in these SINGLE- FAMILY RESIDENTIAL zones by Temporary Use Permit only. At a minimum, the following standards shall apply: C. Model Homes: Model Homes may be permitted in a SINGLE FAMILY-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: 2. The model home shall be for the purpose of marketing the construction of custom hemes 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 village over two hundred (200) contiguous acres may operate air information/sales facility A MASTER-PLANNED VILLAGE SALES AND INFORMATION CENTER within a residentially zoned area by temporary use permit • only. In the review for a master-planned village 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: 2. The center shall be for the purpose of marketing the specific master-planned village, the sale of lots in the master-planned village 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 village. The sale of country club memberships within the master- planned village is permitted as an accessory use ONLY IF THE MASTER-PLANNED VILLAGE HAS SUCH A COUNTRY CLUB. 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 staff ZONING ADMINISTRATOR with appeal to the Planning and Zoning Commission. C 1761014.2 7 • 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: SECTION 13. The Zoning Ordinance, Chapter 11, Section 11.04 (Multi-Family Residential Zoning Districts—Uses Subject to Temporary Use Permit)is hereby amended as follows: 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: 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. 9. Any Day Care CENTER Facility with a swimming pool or other applicable body of water as defined in Section 5410)-(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 TOWN 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 following standards shall apply. C. Model Homes: Model Homes may be permitted in a MULTI-FAMILY 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: 2. The model home shall be for the purpose of marketing the construction of custom homes or a tract suklivisich 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. E. Master-Planned Village Sales and Information Center: The developer of a master- planned village over 200 contiguous acres, may operate i_F ' s faci its A • 1761014.2 8 410 MASTER-PLANNED VILLAGE SALES AND INFORMATION CENTER within a residentially zoned area by temporary use permit only. In the review for a master-planned village 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. SAT a minimum, the following standards shall apply: 2. The center shall be for the purpose of marketing the specific master-planned village, the sale of lots in the master-planned village 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 village. The master-planned village is permitted as an accessory use ONLY IF THE MASTER-PLANNED VILLAGE HAS SUCH A COUNTRY CLUB. 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. 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 (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 ' i'.! r r D lopment Departmet-stafrZONING ADMINISTRATOR with appeal to the Planning and Zoning Commission. SECTION 14. The Zoning Ordinance, Chapter 15, Section 15.03 (Mobile Home District — Uses Subject to Temporary Use Permit)is hereby amended as follows: 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 this THE MOBILE HOME Zoning District with the following minimal stipulations: 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. 9. Any Day Care CENTER 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 TOWN BUSINESS LICENSE AND BE licensed by the State of Arizona. 0 1761014.2 9 i • B. Bed and Breakfast: Bed and Breakfast operations may be permitted in these THE MOBILE HOME ZONING DISTRICT zones by Temporary Use Permit only. At a minimum, the following standards shall apply: 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: 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 15. If any section, subsection, sentence, clause,phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 16. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, October 4,2012. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: Linda M.Kavanagh,Mayor Bevelyn J.Bender,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Ken Buchanan,Town Manager Andrew J. McGuire, Town Attorney C 1761014.2 10 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 cov 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 L 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 HEARING of a TEXT AMENDMENT to the Zoning Ordinance to L 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 staffs 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 ,,. 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 kw 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. L Page 6 of 7 4- 4— REQUEST TO SPEAK CARD a7( �- a ! Please submit this card rin nr l�the�llscrrssion of rlre item r ' listed helms,.� ; Meeting Date Name/Phone No. City/Town Title/Organization I am representing(#of people) I • Amy 1?, ost T do not.wish•to s eal;but have indicated hon. ,FOR El AGAINST Cl YES, i w�s�i to speak n r-,C7,NQ�. ., TOE PU$LIC. ' v." UBLIC HEARING TEM NO; kokw O AGENDA, ' M NO. PLEASE PRINT Comments: Thank you for participating in your Town government. Your comments are an import «A Please fill out the comment card completely and turn it into the Clerk rip nr to the Counci. Exhibit prior to the beginning of the meeting. (Please sec reverse far procedural Information nn addressing I. - _ - - _ - k 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 6.16 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 WI 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): WA Recommendation(s): The Planning &Zoning Commission voted to initiate this amendment at their May 24, 2012 regular meeting. Page 2 of 3 Exhibit "B" f ,, FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: ..1C�hairman Lloyd E. Pew ATTEST: /,:a&u. 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 281h day of May 2012, in the Town Council Chambers. I further certify that the meeting was duly called and that a quorum was present. k Dated this 28`h day of June 2012. Janice Baxter, Recorder L Page 7 of 7 37 f+i �,tt Town of FOUNTAIN HILLS �. wir • that Is 1o�� PUBLIC NOTICES NOTICE IS HEREBY GIVEN that on Thursday, September 13, 2012 at 6:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, The Fountain Hills Planning & Zoning Commission will hold a public hearing to receive comments on a proposed text amendment to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance of the Town of Fountain Hills as they relate to Temporary Use Permits. 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. Ordinance # 12-06 NOTICE IS HEREBY GIVEN that on Thursday, October 4, 2012 at 6:30 P.M. in the Town I Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, The Fountain Hills Town Council will hold a public hearing to receive comments on a proposed text amendment to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance of the Town of Fountain Hills as they relate to Temporary Use Permits. 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. Ordinance # 12-06 A complete copy of the proposed text amendments is available for viewing in the Fountain Hills Planning& Zoning Office, 7:00 AM - 6:00 PM Monday through Thursday. For more information, contact Robert Rodgers; Planning and Zoning, Town of Fountain Hills, 16705 E. Avenue of the Fountain, Fountain I-Iills, AZ 85268; or by calling 480-816-5138. All interested citizens are encouraged to attend. Published in the"Times"August 22 and 29,2012 L 16705 E.Avenue of the Fountains—Fountain Hills,Arizona 85268—(480)816-5138-Fax(480)837-3145 JET AIN. Town of FOUNTAIN HILLS 4.°( z n that is AO' PUBLIC NOTICES NOTICE IS HEREBY GIVEN that on Thursday, September 13, 2012 at 6:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, The Fountain Hills Planning & Zoning Commission will hold a public hearing to receive comments on a proposed text amendment to Section 19.05.I of the Zoning Ordinance of the Town of Fountain Hills entitled "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. Ordinance # 12-04 NOTICE IS HEREBY GIVEN that on Thursday, October 4, 2012 at 6:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, The Fountain Hills Town Council will hold a public hearing to receive comments on a proposed text amendment to Section 19.05.1 of the Zoning Ordinance of the Town of Fountain Hills entitled "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. Ordinance # 12-04 A complete copy of the proposed text amendments is available for viewing in the Fountain Hills Planning & Zoning Office, 7:00 AM - 6:00 PM Monday through Thursday. For more information, contact Robert Rodgers; Planning and Zoning, Town of Fountain Hills, 16705 E. Avenue of the Fountain, Fountain Hills, AZ 85268; or by calling 480-816-5138. All interested citizens are encouraged to attend. Published Times: August 22 and 29,2012 16705 F.Avenue of the Fountains—Fountain Hills,Arizona 85268—(480)816-5138-Fax(480)837-3145 0 C4t A1N Town of FOUNTAIN HILLS r a ghat is NO' PUBLIC NOTICES NOTICE IS HEREBY GIVEN that on Thursday, September 13, 2012 at 6:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, The Fountain Hills Planning & Zoning Commission will hold a public hearing to receive comments on a proposed text amendment to Chapters 12, 16 and 18 of the Zoning Ordinance of the Town of Fountain Hills as they relate to Outdoor Seating in Restaurants. 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. Ordinance # 12-05 0 NOTICE IS HEREBY GIVEN that on Thursday, October 4, 2012 at 6:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, The Fountain Hills Town Council will hold a public hearing to receive comments on a proposed text amendment to Chapters 12, 16 and 18 of the Zoning Ordinance of the Town of Fountain Hills as they relate to Outdoor Seating in Restaurants. 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. Ordinance # 12-05 A complete copy of the proposed text amendments is available for viewing in the Fountain Hills Planning&Zoning Office, 7:00 AM - 6:00 PM Monday through Thursday. For more information, contact Robert Rodgers; Planning and Zoning, Town of Fountain Hills, 16705 E. Avenue of the Fountain, Fountain Hills, AZ 85268; or by calling 480-816-5138. All interested citizens are encouraged to attend. Published Times:August 22 and 29,2012 0 16705 E.Avenue of the Fountains—Fountain Hills,Arizona 85268—(480)816-5138-Fax(480)837-3145