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HomeMy WebLinkAboutPZ.2010.0311.Minutes 11110 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION MARCH 11, 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, Cecil Yates and Jeff Mangels. Also in attendance were Richard A.G. Turner, AICP, Director of Planning and Zoning, Robert Rodgers, Senior Planner, Gene Slechta, Planner and Janice Baxter, Executive Assistant and Recorder of the Minutes. Commissioner Sherry Leckrone arrived at 6:32 p.m. 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 absent(arrived at 6:32 p.m.) Commissioner Cecil Yates present Commissioner Jeff Mangels present 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 FEBRUARY 25,2010. Commissioner Cecil Yates MOVED to approve the meeting minutes from the February 25, 2010, Planning and Zoning Commission Meeting, as presented. Commissioner Jerry Caldwell SECONDED. A roll call was taken and the MOTION CARRIED 6-0, by those who were present at the February 25, 2010, meeting. Commissioner Jerry Caldwell aye Commissioner Gary Goodell aye Chairman Paul McDonald aye Vice-Chairman Lloyd Pew aye Commissioner Sherry Leckrone absent from voting but arrived at 6:32 p.m. Commissioner Cecil Yates aye Commissioner Jeff Mangels aye Page 1 of 4 AGENDA ITEM #2 — CONSIDERATION of the CONCEPT PLAN for a garage addition for the "Christensen Computer Company" in the C-3 Zoning District located at 12005 N. Panorama Drive. Case Number CP2010-01. Gene Slechta, Planner, gave the presentation and included a PowerPoint Presentation. Staff recommended approval of this concept plan subject to the following three stipulations: 1. Development is in accordance with the Conceptual Site Plan entitled "Christensen Computer Company"dated March 3,2010. 2. Applicant will fulfill the public art requirement as defined in the Fountain Hills Zoning Ordinance,Chapter 19, Section 19.05. 3. Building plans will address written comments/stipulations provided by the Town Engineer as a condition of building permit approval. Commissioner Cecil Yates made a MOTION to approve the Concept Plan for 12005 N. Panorama Drive, Case Number CP2010-01, subject to the stipulations as outlined in the staff report. Commissioner Jeff Mangels SECONDED the MOTION and the MOTION CARRIED 7-0. AGENDA ITEM #3 — PUBLIC HEARING to receive comments on ORDINANCE #10-01, which outlines TEXT AMENDMENTS to the CUT&FILL and GRADING STANDARDS contained in the Fountain Hills Zoning and Subdivision Ordinance that would amend Chapters 1, 5 and 16 in the Zoning Ordinance and Articles 1 and 5 in the Subdivision Ordinance. Public Hearing Opened at 6:38 p.m. Robert Rodgers, Senior Planner gave the presentation and included background history of this previously reviewed Ordinance subject to minor changes by the Town's Attorney. Staff decided that there were enough minor changes that the Commission should have an opportunity to review those changes and then decide if they wished to forward the revised document to the Town Council. Staff recommended the Planning and Zoning Commission vote to forward a recommendation to the Town Council to approve the proposed text amendments. Chairman Paul McDonald asked if anyone from the public had requested to speak. No requests had been received. Chairman McDonald asked if there were any questions from the Commissioners. Commission Jeff Mangels asked if the Town Attorney altered the intent or had changed the regulations. Mr. Rodgers stated that only changes such as elimination of duplication of sections, minor text adjustments had been made by the Town Attorney and that was for clarity only and the ordinances re-numbered for consistency. Public Hearing Closed at 6:44 p.m. AGENDA ITEM #4 — CONSIDEREATION of ORDINANCE #10-01, which outlines TEXT AMENDMENTS to the CUT & FILL and GRADING STANDARDS contained in the Fountain Hills Page 2 of 4 Zoning and Subdivision Ordinance that would amend Chapters 1, 5 and 16 in the Zoning Ordinance and Articles 1 and 5 in the Subdivision Ordinance. Commissioner Cecil Yates made a MOTION to forward a recommendation to the Town Council to approve the proposed text amendments to Chapters 1,5, and 16 of the Zoning Ordinance and to Articles 1 and 5 of the Subdivision Ordinance. Case Number Z2009-01. Commissioner Sherry Leckrone SECONDED the MOTION and the MOTION CARRIED 7-0. AGENDA ITEM #5 — DISCUSSION and possible DIRECTION to staff on TCCD Noise Regulation (Zoning Ordinance Section 18.06.B). Richard A.G.Turner,Director of Planning and Zoning gave the presentation. Staff believed that the noise regulation in the TCCD Zoning District was too restrictive given the character of development that was encouraged to locate in the downtown area. Mr. Turner pointed out the existing TCCD sound/music regulation prohibits indoor amplified music of any kind at businesses that do not have an outdoor patio. Mr. Turner continued to say that those businesses with an outdoor patio are restricted to having outdoor music at a sound level that cannot be heard 100 feet from the business. Staff felt that this provision was overly restrictive and that the provision was not conducive to a lively and vibrant downtown environment. Mr.Turner explained that four(4) e-mails had been received related to this issue. (See exhibits A-1,A-2, A-3,A-4). Mr. Turner stated that staff recommended that the Planning and Zoning Commission initiate an amendment to the Zoning Ordinance to delete Section 18.06,Paragraph B. Chairman Paul McDonald asked if there were any requests to speak to this issue. The following members of the community wished to speak(Exhibit B): 1. Richard Taylor, 16836 E. Widgeon Court, spoke against changing the existing ordinance in the TCCD Zoning District. 2. Wendall Whitted, 16835 Mallard Court, representing several Lakeside Patio Home residents spoke to the issue neither against nor for a change in the ordinance. Chairman Paul McDonald made a MOTION to initiate an amendment to the Zoning Ordinance regarding regulations and requested a Commission workstudy session to discuss and review the Town's options. Commissioner Jerry Caldwell SECONDED the MOTION and the MOTION CARRIED 7-0. AGENDA ITEM#6 —COMMISSION DISCUSSION/REQUEST FOR RESEARCH to the Planning and Zoning Administrator, Items listed below are related only to the propriety of(i) placing such items on a future agenda for action or (ii) determining if a majority of Commissioners wish to request staff to conduct further research and report back to the Commission. None Received. AGENDA ITEM#7 - SUMMARY OF COMMISSION REQUESTS Mr.Turner summarized that he will schedule a date for the Commissioners to meet for a workstudy to address the TCCD Noise Regulation (Zoning Ordinance Section 18.06.B). Page 3 of 4 Turner, Richard From: info@grapeableswinebar.com Sent: Monday, March 01, 2010 3:38 PM To: Turner, Richard Cc: diane.link@honeywell.com Subject: Town Code Regarding Outdoor Music Dear Mr. Turner, As you know, Grapeables has recently been the focus of several noise complaints as it pertains to our music played outdoors on our patio. I do not believe that the current code supports the business owners of Fountain Hills nor does it align well with the current vision of our town. I would welcome any support you could offer to support the removal of the current code, and you can count on my assistance to provide you with whatever is needed in order to make this happen. Best regards, Dave Link Owner, Grapeables Wine Bar 1 Exhibit "A"-1 Turner, Richard From: Jeffrey Denzak(jdenzak©SwabackPartners.com] Sent: Monday, March 01, 2010 12:01 PM To: Turner, Richard Subject: TCCD Zoning Richard: Those regulations defined in the TCCD Zoning as it relates to music (live or recorded)that are electronically amplified on an outdoor patio are too restrictive (currently limited to a maximum audible distance of 100' maximum)for the intent of the Downtown Vision Plan. We want to encourage appropriate outdoor entertainment venues that compliment the overall character and quality of the downtown. We would certainly support a staff recommendation to change this element of the existing zoning and delete that reference. The regulations in Chapter 5, related to noise, provide more appropriate flexibility. FYI Best regards, Jeff Jeffrey M. Denzak Design Partner idenzak@swabackpartners.com Swaback Partners, pllc Architecture&Planning 7550 East McDonald Drive Scottsdale Arizona 85250 Telephone 480.367.2100 Facsimile 480.367.2101 http://www.swabackpartners.com This electronic message contains information from Swaback Partners Pile that may be privileged and confidential. The information is intended for the use of the addressee(s)only. If are not the addressee,note that any disclosure,copying,distribution or use of the contents of this message is prohibited,and no privilege has been waived by your inadvertent receipt.If you have received this email in error,please contact me immediately at mailto:info@swahackpartners.cont or 480.367.2100. 1 Exhibit "A"2 Turner, Richard From: Davis, Rick Sent: Monday, March 01, 2010 3:42 PM To: 'doneff atdcwis.com' Cc: Turner, Richard Subject: Re:Sound or Noise Complaint Dear Mr. Doneff Thanks for your note and comments on the Great Fair. The Planning Commission is addressing our noise ordinance and will be making a recommendation to the Town Council in the near future. We want to protect the comfort and repose of our residents, but also preserve the ability to enjoy a vibrant downtown area and successful businesses at the same time. It is a balancing act, and I look forward to seeing the Commission's recommendation. Thanks again for your email.We are working on this issue. Best Wishes, Rick Davis, ICMA-CM Town Manager From: Bob Doneff<doneff@dcwis.com> To: Davis, Rick Sent: Mon Mar 01 11:48:37 2010 Subject: Sound or Noise Complaint Greetings. We live near the lake and recently a bar in the area has by conducting amplified music late into the night which seems to be excessive and obnoxious. I want to complain to the correct authority and request that you advise me where to go with this concern. Also please send to me or direct me to the Town's noise ordinance so that I may properly review. Thanks for your help. BTW I want to comment how well I thought the Great Fair was managed in all aspects! Bob Doneff 17105 E La Montana Dr #222 1 Exhibit "A"- 3 AGENDA I TEIv S Turner, Richard From: Frank Ferrara[Frank@ FountainHillsChamber.com] Sent: Wednesday, March 03, 2010 3:57 PM o: Turner, Richard Subject: e-mail of support Richard, I understand that you are in the midst of possibly recommending a change to the zoning ordinance with regard to our business member Grapables, to make it less restrictive. We not only support this action but applaud you and town leadership in taking this action which will help our business member operate in a less stressful environment without impeding the rights of others. Congratulations on your foresight. Frank S. Ferrara, CEO FHCC sow 1 Exhibit "A"- 1 04" IN, REQUEST TO SPEAK CARD Please submit this card prior to the discussion of the item listed below. \ Meetingti Date 3 Name/Phone No. `?lehthe/) itlY1/eR 000- g37— 12J 2 Address a d36 E W lefQCn1 C ZL City/Town ✓ac�l/1/aid AP )Is Title/Organization (V/ I am representing(#of people) IYES, I wish to speak or El NO, I do not wish to speak,but have indicated my position: ❑ FOR ❑ AGAINST ❑ CALL TO THE PUBLIC ❑ PUBLIC HEARING ITEM NO. Za/u i N j 0I(30101Nan(G. AGENDA ITEM NO. S' (4_6 d PLEASE PRINT Comments: T W o a L L li;t +-e Co*non 1)t t o h 15 Ze t Ai t Iti C5Y2C l i'MaM(R., Thank you for participating in your Town government. Your comments are an important and valuable part of the process. Please fill out the comment card completely and turn it into the Clerk prior to the Council discussion of that Agenda item or prior to the beginning of the meeting. (Please see reverse for procedural information on addressing the Council) C:\Documents and Settings\BBender\Local Settings\Temporary Internet Files\Content.Outlook\KAVU0642\Request to Speak Cards rev 6-19-07.doe2/4/2008 11/30/2009 kOJ��AIN4.4reCN REQUEST TO SPEAK CARD4E10_. z `# Please submit this card prior to the discussion of the item listed below. Meeting Date 3 —1' 4 — /,' Name/Phone No. ZOO 1/0i1dl&iI/ 3 a CX 413o -f3 3 b'-7 240 Address /6 (3 S City/Town f)J4✓ /d 6 /t 4c Title/Organization .1\41 E6 de it` io )4øLiraç I am representing (#of people) ❑ YES, I wish to speak or ❑ NO, I do not wish to speak,but have indicated my position: ❑ FOR ❑ AGAINST ❑ CALL TO THE PUBLIC ❑ PUBLIC HEARING ITEM NO. 0/0g,'i G 0/2d,Ni41 Cr AGENDA ITEM NO. t e. o 6 l3 Comments: e-9 S t� Z24 i ArG P6EA 41/ /?t li'�--- ‘00,. Thank you for participating in your Town government. Your comments are an important and valuable part of the process. Please fill out the comment card completely and turn it into the Clerk prior to the Council di' prior to the beginning of the meeting. (Please see reverse for procedural information on addressing the Exhibit "B" E:\Zoning\P&Z Commission Meeting Docs MASTERS\Request to Speak Cards rev 6-19-07.docx • AGENDA ITEM#8-REPORT from the Director of Planning and Zoning. Richard A.G.Turner,AICP informed the Commissioners that at their next meeting an item will be presented for consideration of a Special Use Permit for antennas' located at the Fry's Center. AGENDA ITEM#9-ADJOURNMENT. Commissioner Cecil Yates MOVED to adjourn and Commissioner Goodell SECONDED and the MOTION CARRIED(7-0),by those present. 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: ) it " /24 ATTEST: • • Chairman Paul McDonald J. 4 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 11t'day of March 2010, in the Town Council Chambers. I further certify that the meeting was duly called and that a quorum was present. Dated this l lth day of March 2010. ice Baxter,Recorder of the Minutes • Page 4 of 4