HomeMy WebLinkAboutPZ.2010.0225.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
PLANNING & ZONING COMMISSION
FEBRUARY 25, 2010
Chairman Paul McDonald opened the regular session of the Planning and Zoning Commission. The
following Commissioners were present: Chairman Paul McDonald, Vice-Chairman Lloyd Pew,
Commissioners Jerry Caldwell, Gary Goodell, Sherry Leckrone, Cecil Yates and Jeff Mangels. Also in
attendance were Richard A.G. Turner, AICP, Director of Planning and Zoning and Janice Baxter,
Executive Assistant and Recorder of the Minutes.
Chairman Paul McDonald requested participation in the Pledge of Allegiance and a moment of silent
reflection.
ROLL CALL:
Commissioner Gary Goodell present
Commissioner Jerry Caldwell present
Chairman Paul McDonald present
Vice-Chairman Lloyd Pew present
Commissioner Sherry Leckrone present
Commissioner Cecil Yates present
Commissioner Jeff Mangels present
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CALL TO THE PUBLIC
No one wished to speak.
REGULAR AGENDA
AGENDA ITEM #1 - CONSIDERATION of APPROVING the minutes from the meeting of the
Planning and Zoning Commission held on JANUARY 28,2010.
Commissioner Caldwell MOVED to approve the meeting minutes from the January 28, 2010, Planning
and Zoning Commission Meeting, as presented. Commissioner Sherry Leckrone SECONDED. A roll
call was taken and the MOTION CARRIED 5-0, by those who were present at the January 28, 2010,
meeting.
Commissioner Jerry Caldwell aye
Commissioner Gary Goodell aye
Chairman Paul McDonald aye
Vice-Chairman Lloyd Pew aye
Commissioner Sherry Leckrone aye
Commissioner Cecil Yates abstained
Commissioner Jeff Mangels abstained
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MN
AGENDA ITEM#2—DISCUSSION with possible DIRECTION to staff on consideration of electronic
signage that includes animation and/or changeable text.
Richard A. G. Turner, AICP gave the presentation that included a PowerPoint Presentation. Mr. Turner
explained that the Town Manager had received inquiries regarding the possible installation of electronic
signage. The Town Manager then directed staff to investigate how the technology was implemented in
some valley locations and forward that information to the Planning and Zoning Commission. The Town
Manager was asking the Commission for some direction on how, or if, to proceed with changes to
accommodate this technology. Mr. Turner explained the three possible options that Commission could
give staff:
• Take no action as the commission feels the value added would be less than potential
negative impacts;
• ask staff to continue research and return with recommendations based on feedback from
this discussion;
• or assign a subcommittee to further study the request and report back to the full
Commission.
Mr. Turner stated that the only comment received from the public was through an email from resident
Richard Taylor who opposed allowing electronic signage in our town.
Commissioner Jerry Caldwell stated that these issues were looked at in previous subcommittees. Mr.
Turner answered that there was an adjustment to the neon signage regulations but staff did nothing to
address the regulations related to electronic signage.
Commissioner Cecil Yates asked what kind of business initiated this action. Mr. Turner answered that it
was not a business but a church that was asking about our regulations. Commissioner Yates pointed out
that it would be a good idea if the Town addressed electronic signage and placed some kind of regulations
on these types of signs. Commissioner Yates stated that he would suggest that these signs be limited to
secondary or major arterial streets in town. Mr. Turner explained that this was a wide topic and if he had
to give the Commission a recommendation, it would be to appoint a subcommittee. Mr.Turner explained
that the subcommittee could then address issues such as any legal implications and if we could restrict
electronic signs to certain areas. Mr. Turner pointed out that the downtown vision's entertainment area
would be an appropriate area for message boards that could advertise upcoming events. Mr. Turner
pointed out that the church who inquired about a message board might have wanted to announce their
services. Mr. Turner added that time and temperature signage could then also be addressed since the
town already has those types of signs. Mr. Turner mentioned that there were also constitutional issues to
be considered.
Vice-chairman Pew asked where the town stood on the ordinance already in place because he has seen
illuminated signs being permitted along Saguaro. Mr. Turner explained that the ordinance does not
permit electronic signs. One issue that should be addressed is the intensity of the lighting.
Commissioner Jeff Mangels remarked that electronic signage could affect the overall integrity of our
town and our night quality and if a variance was allowed it could open the interpretation up to more
loopholes. Commissioner Mangels stressed the importance of supporting our current ordinance we
already have in place.
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Commissioner Gary Goodell expressed that his initial reaction was that this was not a good idea and the
current ordinance clearly prohibits the use. He continued to say that the ordinance should be left the way
it was approved. Commissioner Goodell stressed that electronic signage was in stark contrast to the
natural beauty of our town. Commissioner Goodell expressed that he was against looking at this too
closely. He added that this issue was new in deliberations and with more time he may feel differently but
he was having a hard time justifying any kind of action.
Chairman Paul McDonald stated he believed he remembered from past open houses that residents did not
object to neon "open" signs if they were not flashing, but was not in favor of electronic signage.
Chairman McDonald suggested that staff furnish any feedback from attendees at previously held open
houses which would help the Commission determine whether to appoint a subcommittee to review the
options.
Commissioner Jeff Mangels asked Mr. Turner if he had thoroughly reviewed the ordinance now in place
to see if there were any variances or loopholes. Mr. Turner answered that it was very clear that our
ordinance does not allow any form of electronic signage.
Vice-Chairman Lloyd Pew pointed out the message signs were a convenience to schools and businesses
that would otherwise have to change out their boards by hand instead of the typing of a message to be
display from a central location. Vice-Chairman Pew stated he never believed the high school signage was
intrusive. Vice-Chairman Pew stated he hated to not allow businesses to explore better technology and
this form of advertising.
Mr.Turner read the definition of an electronic sign and the section of the Zoning Ordinance related to the
types of signage prohibited. Chairman McDonald stated it did not sound like there were any loopholes in
the current ordinance. Commissioner Goodell added that the current Zoning Ordinance clearly stated that
electronic signage was prohibited and he was concerned about changing details that could be very hard to
enforce. Commissioner Goodell stressed that he was trying hard to find any merit in something that
flashes at you and tries to get your attention as you are driving by and determining what benefit there
would be.
Mr. Turner explained that the Town Manager had requested this issue brought forward to the Planning
and Zoning Commission and requested they take a look at the issue.
Commissioner Mangels pointed out that there were no loopholes in the zoning ordinance language and
the ordinance was solid. He continued to state his concerns for the type of signs that could be allowed
such as the Fort McDowell signage on the corner of the Beeline Highway and Shea Boulevard. Mr.
Turner responded that extreme caution would be used. Mr. Turner acknowledged that if the
Commission's message was no, then he would deliver the message, but if the Commission wished to
investigate then a subcommittee should be appointed.
Vice-Chairman Pew asked if the Commission previously allowed "Open" electronic signs in windows.
Mr. Turner answered that there was an expansion of the "Open" neon signs approved inside the window
but not flashing.
Chairman McDonald asked if violators were using flashing or any other signage not accepted in our
zoning ordinance, if that was not a Code Enforcement issue or a misinterpretation of the zoning
ordinance. Mr. Turner explained that Code Enforcement worked on complaints, so if there isn't a
complaint,Code Enforcement would not ordinarily address a violation.
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Commissioner Sherry Leckrone stated she was not necessarily in favor but was also not opposed to
looking at the facts.
Commissioner Yates added that an effort by a subcommittee may come back with a recommendation
denying any changes but he felt the Commission had an obligation to the town to look into the issue.
Commissioner Yates made a MOTION for the Planning and Zoning Commission to form a
subcommittee to research electronic signage and see if they fit into our zoning ordinance. Commissioner
Sherry Leckrone SECONDED the MOTION. Chairman Paul McDonald asked for a roll call with the
following results:
Commissioner Jerry Caldwell nay
Commissioner Gary Goodell nay
Chairman Paul McDonald nay
Vice-Chairman Lloyd Pew aye
Commissioner Sherry Leckrone aye
Commissioner Cecil Yates aye
Commissioner Jeff Mangels nay
The MOTION did not pass with a vote of 4-3 with Chairman Paul McDonald, Commissioners Gary
Goodell,Jerry Caldwell and Jeff Mangels casting the nay votes.
AGENDA ITEM#3 —COMMISSION DISCUSSION/REQUEST FOR RESEARCH to the Planning
and Zoning Administrator, Items listed below are related only to the propriety of(i) placing such items
on a future agenda for action or (ii) determining if a majority of Commissioners wish to request staff to
conduct further research and report back to the Commission.
None Received.
AGENDA ITEM#4 - SUMMARY OF COMMISSION REQUESTS
None Requested.
AGENDA ITEM#6-REPORT from the Director of Planning and Zoning.
Richard A. G.Turner,AICP informed the Commissioners that a possible reconsideration4 the TCCD
noise restriction ordinance would be on their next agenda. Also,the grading regulations amendment had
been reviewed by the Town Attorney and since the Town Attorney made substantial changes; staff
decided that the Commission should review the amendment again and decide if they wish to send it
forward to the Town Council. Mr.Turner also mentioned that Raymond Rees would be handing out
censes information along with environmental handouts at the Great Fair this week-end.
AGENDA ITEM#7-ADJOURNMENT.
Commissioner Cecil Yates MOVED to adjourn and Commissioner Caldwell SECONDED and the
MOTION CARRIED(7-0),by those present.
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Commissioner Gary Goodell aye
Chairman Paul McDonald aye
Commissioner Jerry Caldwell aye
Vice-Chairman Lloyd Pew aye
Commissioner Sherry Leckrone aye
Commissioner Cecil Yates aye
Commissioner Jeff Mangels aye
The meeting ADJOURNED at 7:08 P.M.
FOUNTAIN HILLS PLANNING& ZONING COMMISSION
BY: 7 ATTEST: 44,0
Chairman Paul McDonald J. i- Baxter, Recorder of the Minutes
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 25th day of February 2010, in the Town
Council Chambers. I further certify that the meeting was duly called and that a quorum was present.
Dated this 25th day of February 2010.
J ce Baxter,Recorder of the Minutes
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