HomeMy WebLinkAboutPZ.2011.0113.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
PLANNING&ZONING COMMISSION
JANUARY 13,2011
Chairman Lloyd Pew opened the regular session of the Planning and Zoning Commission at 6:30 P.M.
The following Commissioners were present: Chairman Lloyd Pew, Vice-Chairman Cecil Yates,
Commissioners Richard Holper, Angela Strohan, Stan Connick, Richard Turner, and Jeff Mangels. Also
in attendance were Robert Rodgers, Senior Planner, Julie Ghetti, Deputy Town Manager, and Janice
Baxter,Executive Assistant and Recorder of the Minutes.
Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent
reflection.
ROLL CALL:
Chairman Lloyd Pew present
Commissioner Jeff Mangels present
Vice-Chairman Cecil Yates present
Commissioner Richard Holper present
Commissioner Angela Strohan present
Commissioner Richard Turner present
Commissioner Stan Connick present
• Chairman Lloyd Pew introduced Deputy Town Manager Julie Ghetti who presented the Town's quarterly
economic/budget update to the Commission (Exhibit A). Ms. Ghetti answered questions from the
Commissioners.
CALL TO THE PUBLIC
No one wished to speak.
REGULAR AGENDA
AGENDA ITEM #1 — CONSIDERATION of APPROVING the Executive Session and Regular
minutes of the Planning and Zoning Commission from December 9,2010.
Vice-Chairman Cecil Yates MOVED to approve the Executive Session and Regular meeting minutes for
the Planning and Zoning Commission dated December 9, 2011. Commissioner Angela Strohan
SECONDED. A roll call was taken and the MOTION CARRIED(7-0).
Chairman Lloyd Pew aye
Vice-Chairman Cecil Yates aye
Commissioner Richard Holper aye
Commissioner Angela Strohan aye
Commissioner Richard Turner aye
Commissioner Stan Connick aye
Commissioner Jeff Mangels aye
Page 1 of 4
1110
AGENDA ITEM#2—PUBLIC HEARING of a SPECIAL USE PERMIT for Coal Creek Consulting on
behalf of Light Squared, to allow the installation of a 35' tall stealth Saguaro Cactus wireless facility at
12615 N.Fountain Hills Blvd. Case Number SU2010-02.
Robert Rodgers, Senior Planner informed the Commission that agenda items 2 and 3 had been withdrawn
by the applicant. Mr. Rodgers explained that the company, who proposed installing the 35' tall stealth
Saguaro Cactus,pulled their projects from Arizona including their application submitted to the Town.
Richard Turner made a MOTION to accept the withdrawal of Special Use Permit number SU2010-02,
from the agenda. Vice-Chairman Cecil Yates SECONDED and the MOTION CARRIED(7-0).
AGENDA ITEM#3- CONSIDERATION of a SPECIAL USE PERMIT for Coal Creek Consulting on
behalf of Light Squared, to allow the installation of a 35' tall stealth Saguaro Cactus wireless facility at
12615 N.Fountain Hills Blvd. Case Number SU2010-02. Please reference agenda Item Number 2 for
an explanation of withdraw and motion to remove from the agenda..
AGENDA ITEM#4—CONSIDERATION of INITIATING an amendment to the Zoning Ordinance by
creating a new Chapter "PLANNED AREA DEVELOPMENT (PAD) DISTRICT". If adopted, the
amendment would create the PAD zoning district and associated design criteria for development within
the district.
Robert Rodgers, Senior Planner gave the presentation and included a PowerPoint Presentation. Mr.
Rodgers explained that a PAD ordinance would create a freestanding zoning district consisting of its own
regulations similar to other zoning districts. Mr. Rodgers continued that the permitted land uses and
allowed densities would be based on the Town's General Plan land-use designations, not on underlying
zoning districts. Mr. Rodgers added that the proposed PAD approval process would require both a
rezoning and a development plan that would be considered concurrently.
Mr. Rodgers pointed out that the approval criteria for a PAD would be more substantial than the current
PUD requirements. He added that this was necessary due to the flexibility of design, density, and uses
permitted under a PAD district permit.
Mr. Rodgers finalized his presentation by explaining that with the adoption of this ordinance, it would
allow the development of mixed-use projects, or innovatively designed projects on lots over 5 acres in
size subject to a Development Plan approval by the Planning and Zoning Commission as well as
affirmation of the Development Plan approval and Rezoning approval by the Town Council. Staff
recommended that the Planning and Zoning Commission vote in initiate the Planned Area Development
(PAD)zoning ordinance text amendment.
Commissioner Turner questioned that since this was the second time around for this particular zoning
ordinance, what was different about this PAD compared to the first presentation that Town Council
unanimously rejected. Robert Rodgers answered that the current PAD, as presented this evening was
virtually the same proposal. He added that a couple of the Town Council members had requested a
second presentation. It had been noted that a couple of the larger development agreements have expired
and that this PAD Ordinance could give them more flexibility to continue their projects under the same
rules.
Commissioner Holper asked if staff had requested any input from developers when crafting the ordinance.
Mr. Rodgers stated that a couple of developers were consulted and some minor changes were suggested.
Page 2 of 4
Commissioner Holperquestioned the extensive approval p pp oval process requirements and asked what additional
cost would be involved. Mr. Rodgers answered that no additional staff time would be involved since the
internal process was streamed-lined. He answered that there would be additional cost to the developer
since a development plan would have to be created, possible new zoning proposed and there may be
stipulations to be agreed upon.
Commissioner Holper asked about the feasibility of time to proceed. Mr.Rodgers stated that it could be a
6-12 month process,depending on the size of the development.
Commissioner Jeff Mangels questioned the use of this PAD. Mr. Rodgers stated that the PAD would be
voluntary and at the discretion of Town Council approval,which would be governed by the General Plan.
Commissioner Cecil Yates asked Mr. Rodgers to give an example where a PAD could be utilized. Mr.
Rodgers answered that a multi-family parcel could be adjusted from 30 units to 50 units by clustering and
providing more land suited as open space or smaller front yards.
Commissioner Angela Strohan asked about the Town's fees to apply for a PAD. Mr. Rodgers explained
that fees would be discussed with Accounting and set by Council only if the PAD Ordinance was
approved.
Richard Turner made a MOTION to initiate the Planned Area Development(PAD)zoning ordinance text
amendment,as presented. Vice-Chairman Cecil Yates SECONDED.The MOTION CARRIED(7-0).
111) AGENDA ITEM#5—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
AGENDA ITEM#6-SUMMARY OF COMMISSION REQUESTS
None Requested.
AGENDA ITEM#7-REPORT from Robert Rodgers,Senior Planner.
Mr. Rodgers informed the Commission that the Town Council approved the Medical Marijuana
Ordinance, Chapter 24. This ordinance will take effect mid February 2011. Mr. Rodgers also stated that
staff would begin another sign ordinance upgrade, focusing on A-frame signs and banners. These
discussions will involve members of the business community.
Mr. Rodgers informed the Commissioners that Planner Gene Slechta would be retiring the last day of
January 2011. A luncheon has been planned for Wednesday, January 26, 2011. Mr. Rodgers stated that
anyone interested in attending could contact Janice for particulars.
L
Page 3 of 4
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FY11-12 Preliminary
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January 13,2011
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ALL FUNDS REVENUES
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Spatial Aevenua
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January 13,zoll
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Exhibit "A " 1
A
General Fund Revenues
$18.0
516.9 516.7
$16.0
$14.8
$14.0 $13.5
$12.6 $12.6
$12.0
$10.0
FY06.07 FY07.08 FY08-09 FY09-10 FY10-11 FY11-12
January 13,2011
General Fund Expenditures
$16.0 - $15.6
$15.3
$14.8
$14.0 11
$13.3
$13.0
$12.6
$12.0 -
$10.0 -
FY06-07 FY07-08 FY08-09 FY09-10 FY10-11 FY11-12
January 13,2011
2
4.
410
Building Related Revenues
$2.5
$2.1M
$2.0
$1.6Pr1
$1.5 —
Ali $1.0 -- $0.9M
$0.7M
$0.5 --- $0.3M $0.3M ------
$0.2M $0.2
$0.0 -
FY04-05 FY05-06 FY06-07 FY07-08 FY08-09 FY09-10 FY10-11 FY11.12
January 13,2on
4
State Shared Revenues
$5.0 _.
$4.5
$4.0
$3.5
$3.0
$2.5
111.
$2.0
$1.5 -
$1.0
$0.5
$0.0 -..._.7
FY08-09 FY09-10 FY10-11 FY11-12
January 13,2017
3
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TOTAL LOCAL SALES TAX REVENUES
Fountain Hills Total Local Sales Tax Collections
July through November
On millions)
I $4.0
3%
$3.0
increase
over
0.0
FY10
$1.0
$0.0
FY07/08 FY08/09 FY09/10 FY10/11 Budget
January g,2071
LOCAL RETAIL SALES TAX
July-Nov Retail Activity
$1,600,000
S1,400,000
0
51,200,000 '—
increase
$1,000,000 . . __..
over I
. . .
00,000
$4
Saoo,0o0 -
111
zoo,000
FY07-08 FY08-09 FY09.10 FY10-11 FY11 Budget
January 13,2011
4
LOCAL RESTAURANT/BAR SALES TAX
July-Nov Restaurant/Bar Activity
$210.000
$200,000 •
12%
increase $190•000
over '
FY10 $180,000
$170,000 '
$160,000 ' -FY07-08 FY08-09 FY09-10 FY10-11 Budget
January 13,2ott
LOCAL TELECOMMUNICATIONS SALES TAX
July-Nov Telecommunications Sales Tax Activity
$750,000
13% $500,000
increase
over
FY10 $250,000
$0
FY07-08 FY08-09 FY09-10 FY10-11 FY11 Budget
-... January 13,20ti
5
A
•
LOCAL SALES TAX REVENUES
July-Nov Construction Sales Tax Activity
$I,000 100 __. -------- --------_.-.._--- --
$800,000
24% $600 O0
decline
$°°°°0°from
FY 1 0 $200,000
$0
FY07-08 FY08-09 FY09-10 FYIO-11 FY11 Budget
January 13,zoll
HIGHWAY USER(HURF)REVENUE
$25
$1.9 $1.9
::fflTm
' ill ' ' ' ''
:111
liii
Fiscalyeu•s 2007 through 2012 ►
`"�"... January 13,2011
6
Downtown Excise Tax
$400,000
$335,314
$350,000 -- -
300,000 $281,773 _
$270,629 $272,138
$260,395
$250,000 I
EEE
I
■
$50,000
$0
2007-08 2008-09 2009-10 2010-11 2011-12
t — —
.. - January i3,2011
Number of Town Employees
120 115
110
100
90 87 88 88
82 81
80 MI ■ ■ ■
60 ■ ■ ■ ■ ■ ■ 61
50 ■ ■ ■ ■
FY02-03 F104-05 FY06-07 F108-09 FY10-11
7
FY2O11-2025 General Fund Revenues and Expenditures (estimated)
524.0
522.0
520.0
518.0 —
W.0
514.0
$12.0 --
FY10-11 FY12-13 FY14-15 FY16-17 FY18.19 FY20-21 FY22-23 FY24-2c
—�—OPERATING REVENUE •••••• OPERATING EXPENDITURES
January 13,2011
1
Questions?
January 13,2011
8
AGENDA ITEM#8-ADJOURNMENT.
Vice-Chairman Cecil Yates MOVED to adjourn and Commissioner Angela Strohan SECONDED and
the MOTION CARRIED(7-0).
Chairman Lloyd Pew aye
Vice-Chairman Cecil Yates aye
Commissioner Richard Holper aye
Commissioner Angela Strohan aye
Commissioner Richard Turner aye
Commissioner Jeff Mangels aye
Commissioner Stan Connick aye
The regular meeting ADJOURNED at 7:20 P.M.
FOUNTAIN HILLS PLANNING&ZONING COMMISSION
ATTEST:
C 'rman Lloyd ew J nice Baxter, Record r
® 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 13 day of January 2011, 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 January 2011.
Janice Baxter,Recorder
Page 4 of 4
y1i TOWN OF FOUNTAIN HILLS
04'die lie, X Planning and Zoning
Board of Adjustment
tb.fis my
AGENDA ACTION FORM
Meeting Date: January 13, 2011 Meeting Type: Regular
Agenda Type: Regular Submitting Department: Planning &Zoning
Staff Contact Information: N/A
REQUEST TO COMMISSION. Consideration of approving the Executive Session and Regular meeting minutes of
the Planning and Zoning Commission from December 9, 2010.
Applicant: N/A
Applicant Contact Information: N/A
Property Location: N/A
Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01
Staff Summary (background): Approval of the Planning and Zoning Executive Session and Regular meeting
minutes from December 9, 2010.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initial and ongoing costs; budget status): N/A
Recommendation(s): Approval
Staff Recommendation(s): Approval
SUGGESTED MOTION: Move to approve the Executive Session and Regular meeting minutes of the Planning
and Zoning Commission dated December 9, 2010, as presented.
Attachment(s):
Submitted by:
. 5iiiee graazY-v- January 6, 2011
Name/Title Date
Approved by: /1//9-a
Direc r te
Page 1 of 1
TOWN OF FOUNTAIN HILLS
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� PLANNING & ZONING COMMISSION
30I AGENDA ACTION FORM
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Meeting Date: 1/13/2011 Meeting Type: Regular Session
Agenda Type: Regular Submitting Department: Planning and Zoning
Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers@fh.az.gov
REQUEST TO COMMISSION:
PUBLIC HEARING of a SPECIAL USE PERMIT for Coal Creek Consulting on behalf of Light Squared, to
allow the installation of a 35' tall stealth Saguaro Cactus wireless facility at 12615 N. Fountain Hills Blvd.,
located in the R1-10 RUPD zoning district. Case # SU2010-02
CONSIDERATION of a SPECIAL USE PERMIT for Coal Creek Consulting on behalf of Light Squared, to allow
the installation of a 35' tall stealth Saguaro Cactus wireless facility at 12615 N. Fountain Hills Blvd., located in
the R1-10 RUPD zoning district. Case # SU2010-02
Applicant: Coal Creek Consulting on behalf of Light Squared
2520 E. University Drive, Tempe, AZ 85281
Applicant Contact Information: Brandon Brown (602) 369 - 9038
Property Owner: Church of Ascension
Property Location: 12615 N. Fountain Hills Blvd., Fountain Hills, AZ 85268
Related Ordinance, Policy or Guiding Principle:
Fountain Hills Zoning Ordinance Chapter 2 Section 2.02 - Special Use Permits
Fountain Hills Zoning Ordinance Chapter 17 -Wireless Telecommunications Towers and Antennas
Staff Summary (background):
EXISTING ZONING: "R1-10 Single Family Residential"
EXISTING CONDITION: Fully developed Church
SURROUNDING LAND USES AND ZONING:
NORTH: Crystal Ridge Subdivision, Single-Family Residential; Zoned "R1-10 RUPD"
SOUTH: Segundo Drive then Plat 206, Multi-Family Residential; Zoned "R2"
EAST: Crystal Ridge Subdivision and Colony Wash, SF Residential; Zoned "R1-10 RUPD"
WEST: Fountain Hills Blvd then Paradise Ridge Subdivision, SF Residential; Zoned "R1-6"
Page 1 of 5
BACKGROUND:
Light Squared proposes to install one 35' tall stealth Saguaro Cactus cellular antenna, with attendant ground-
mounted equipment on the south side of the Church of the Ascension parking lot. The iiiirquipment quipment will be fully screened by an 8' tall block wall that will be textured and painted to match the existing
church building.
Section 17.06 of the Zoning Ordinance outlines the criteria for evaluating Special Use Permit applications for
towers or antennas. As the proposed antenna exceeds the zoning district height allowance of 30 feet, it is the
determination of staff that the applicant's proposal must receive a Special Use Permit in order to be approved.
In granting a special use permit, the Town may impose conditions to the extent such conditions are necessary
to minimize any adverse effect of the proposed antenna on adjoining properties.
Section 17.06.B.3 of the Zoning Ordinance specifically outlines the factors to be considered when reviewing
such application.
Factors Considered in Granting Special Use Permits for Towers. In addition to any standards for
consideration of special use permit applications pursuant to Chapter 2, Section 2.02 of this Zoning
Ordinance, the Town Council shall consider the following factors in determining whether to issue a
special use permit, although the Town Council may waive or reduce the burden on the applicant of
one or more of these criteria if the Town Council concludes that the goals of this ordinance are better
served thereby:
a. Height of the proposed tower;
The proposed antenna will reach a height of 35' tall. This exceeds the 30' height limit of the R1-
10 zoning district by 5'. This requirement may be waived for communication antennas as part of
the Special Use Permit by the Town Council when deemed appropriate.
`. Staff: Staff believes that the height of the antenna will require specific approval as part of a
Special Use Permit process. Staff believes that the height of the antenna will not create undue
physical or aesthetic affects on the town, or nearby properties. The proposed height of the
antenna is in scale with the existing building. The ground equipment will also be screened by
walls that match the color and texture of the existing building.
The zoning ordinance requires that any antenna be constructed so that its "fall down" distance
(equal to the height of the antenna) is entirely contained within the boundaries of the property it is
located on. This is a precaution against the off-site damage to adjoining properties or structures
should it fall. This requirement may be waived as part of the Special Use Permit by the Town
Council when deemed appropriate.
Staff: The proposed location of the antenna does not require a waiver of the setback standards
or offer the potential of damaging abutting property. Therefore, staff feels that this criterion has
been met.
b. Proximity of the antenna to residential structures and residentially zoned district
boundaries;
The zoning ordinance requires that any antenna within 300' of residentially zoned property
receive Special Use Permit approval from the Town Council.
Staff: The proposed tower location is in residentially zoned (R1-10) property. Therefore, staff's
opinion is that approval of a Special Use Permit is required in order to meet this criterion.
Page 2 of 4
c. Nature of uses on adjacent and nearby properties;
The property contains an existing Church. Adjacent land uses are residential in nature. The
proposed location of the antenna to the nearest property line is 93'.
Staff: Staff believes that the proposed stealth cactus design of the antenna as well as the
physical location chosen on the property will have no negative aesthetic or safety impacts on
the surrounding properties. Staff's opinion is that the requirement that the proposal not be
detrimental to surrounding properties has been met.
d. Surrounding topography;
The surrounding topography will not present any problems with the placement or use of the
antennas.
Staff: Staff's opinion is that the topography will not affect the antenna placement.
e. Surrounding tree coverage and foliage;
The existing site is fully landscaped. Coverage consists of typical desert trees and bushes.
Staff: Staff's opinion is that the visual impact of the Saguaro antenna will be minimal. Therefore,
staff does not feel there is a need to require additional landscaping.
f. Design of the antenna, with particular reference to design characteristics that have the
effect of
reducing or eliminating visual obtrusiveness.
The proposed antenna will be located on the south side of the parking lot and all ground-
mounted equipment will be within a walled enclosure that is painted and textured to match the
existing church building.
Staff: Staff believes that the visual impact is lessened and will not pose a visual concern.
g. Proposed ingress and egress;
The proposed antenna is located on the south side of the parking lot and will be vehicle
accessible by authorized personnel only.
Staff: The proposal has excellent access and egress and will not create a safety hazard.
h. Availability of suitable existing towers, other structures, or alternative technologies not
requiring the use of towers or structures, as discussed in Section 17.06(B)(4) of this
chapter.
Section 17.06.B.4 specifically relates to the construction of new towers where none previously
existed. In such cases the town should require proof that other less-obtrusive options are not
available.
Staff: The applicant states that there are no alternative towers in the vicinity as they are just
beginning to establish their wireless network. The applicant also states that there are no
alternative technologies immediately available. Staff believes that the stealth Saguaro antenna
style and location are acceptable for the area.
Risk Analysis (options or alternatives with implications):
Approval of the Special Use Permit will result in the installation of a 35' tall stealth Saguaro Cactus
wireless facility. The antenna will reach a total height of 35'. Denial of the Special Use Permit will
require that the applicant seek an alternative site or antenna design.
Fiscal Impact (initial and ongoing costs; budget status): None anticipated
Page 3 of 4
Budget Reference (page number): Not Applicable
staff Recommendation(s):
`Staff recommends that the Planning & Zoning Commission vote to forward a recommendation to the Town
Council to approve the proposed Special Use Permit for the installation of a 35' tall stealth Saguaro Cactus
wireless facility at the Church of Ascension property located at 12615 N. Fountain Hills Blvd.
Attachment(s):
1. Case Map
2. Application
3. Applicant's Narrative Report
4. Photo Sim of Saguaro Cactus Antenna
5. Site Plan (4 pgs)
SUGGESTED MOTION: Move to forward a recommendation to the Town Council to approve the proposed
Special Use Permit for the installation of a 35' tall stealth Saguaro Cactus wireless facility at the Church of
Ascension property located at 12615 N. Fountain Hills Blvd.
Submitted by:
Bob Rodgers,Senior Planner 11/23/2010
r,,,,Jame/Title Date
Approved:
s17 /L—z3 /a
Director Date
Page 4 of 4
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Filing Date / /- o i- 20/0
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The Town of Fountain Hills , /82 3
Development Services DEPARTMENT - APPLICATION
Abandonment(Plat or Condominium) Appeal of Administrator's Interpretation
Area Specific Plan &Amendments Concept Plan
Condominium Plat Cut/Fill Waiver
Development Agreement HPE Change or Abandonment
General Plan Amendment Ordinance (Text Amendment)
Planned Unit Development Preliminary/ Final Plat
Replat (Lot joins, lot splits, lot line adjustments)
Rezoning (Map) X Special Use Permit &Amendments
Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee, if applicable)
Variance Other
PROJECT NAME / NATURE OF PROJECT: �� 06 - -Ca LiC
LEGAL DESCRIPTION: Plat Name S aG�et Block Lot
PROPERTY ADDRESS: Dots ki.�Cxx�ttaM F>4i 1(C lZ`I
PARCEL SIZE (Acres) Z_ Lrec ASSESSOR PARCEL NUMBER 1l-b--C8-400(— (P
NUMBER OF UNITS PROPOSED L)1A TRACTS J\A
EXISTING ZONING '1-10 PROPOSED ZONING caw1.Q..
Applican ( `�� l (� Qom,
Mrs. % Y�L 'r tv. rCcc�` CS�e�c '�t�T �- V ay Phone (bOZ 9- iu17
Mr.
Ms. Address: T520 E. U,n' -l.,( . City: State: __Zip: T
Email:‘p c..70 cr coat— eL
Owner `'
Mrs. E\ `l�d‘oGr Day Phone L Op.11-
X Mr.s `.Z S ` r f , State: Aa Zip: 22.68
Ms. Address: b� X.J��'tyuV�t'���1� City: }'w�a��S
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If application is being submitted by someone other than the owner of the property under consideration,the section below
must be completed. �J j
SIGNATURE OF OWNER ,�-� / DATE.V36,/ (
I HEREBY AUTHORIZE Coak Cr 'P' (��F b�tSQ� TO FILE THIS APPLICATION.
Please Print
Subscribed n e me this 30'1/4' day of peIrF!31.5- 20 /0
My Commission Expires _7'Ib' 7cJ 1
Notary Public
OFFICIAL SEAL f
AARON M.ASIALA 1 Case File Number
Application-Revised 07-2010 S S
Notary Public State of Arizonacr` t l� .1MAPICOPA COUY J 2--
My Comm.Expires July 18,2011 j
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Project Narrative
For
Light Squared TMUSAZPHNX0643-C3
Church of Ascension
12615 N. Fountain Hills Blvd.
Fountain Hills, AZ 85268
.a� ,
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•
•
Submitted by:
Brandon Brown
Coal Creek Consulting
2520 East University Drive#107
Tempe, AZ 85281
Mobile: (602) 369-9038
bbrown@coal-creek.com
`fir Nature of Request
Light Squared is currently in the process of establishing a new Wireless Network in the State of
Arizona, and across much of the United States. Light Squared is proposing a stealth cactus
wireless facility located at 12615 N. Fountain Hills Blvd. in Fountain Hills,to provide immediate
coverage in the area.
Description of Proposal
As set forth above, Light Squared proposes to install three (3) antennas at the thirty-one foot
(31') centerline located within a thirty-five foot(35') high stealth cactus. As part of the overall
design,the equipment will be placed at the base of the stealth cactus behind a block wall
enclosure that will be painted and textured to match the existing buildings and structures at the
location. The enclosure will measure ten feet(10')by ten feet(10') and the CMU wall will be
eight feet(8')tall.
The coaxial cables connecting the equipment to the antennas will be run up the inside of the
stealth cactus to the antennas. The coax cables will not be visible.
Light
Squared
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Conclusion
It is the goal of Light Squared to service the Fountain Hills area with affordable wireless data
service. Light Squared's presence in the Fountain Hills area is a new era in technology, which
offers residents and businesses extremely high speed data service at very affordable rates. High
speed affordable data service in our community has educational value that also gives businesses
a competitive edge.
Please don't hesitate to contact me with any questions or comments.
TMUSAZYHNX0643-C3 - Light Squared Zoning Photos
Site Photos
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TA TOWN OF FOUNTAIN HILLS
�1 IN‘
X Planning and Zoning
Wi. ... . Board of Adjustment
.......my'
4.
AGENDA ACTION FORM
Meeting Date: January 13, 2011 Meeting Type: Regular
Agenda Type: Regular Submitting Division: Planning & Zoning
Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers@fh.az.gov
REQUEST TO PLANNING & ZONING COMMISSION:
CONSIDERATION of INITIATING an amendment to the Zoning Ordinance by creating a new Chapter
"PLANNED AREA DEVELOPMENT (PAD) DISTRICT". If adopted, the amendment would create the PAD
zoning district and associated design criteria for development within the district.
Applicant: The Town of Fountain Hills
Applicant Contact Information: Planning & Zoning Division - Robert Rodgers, Senior Planner
IcProperty Location: N/A
Related Ordinance, Policy or Guiding Principle:
To provide an alternative development method that may combine multiple land uses with common design
elements through the use of innovative performance considerations and rezoning.
Staff Summary (background):
The proposed Planned Area Development (PAD) district is an amendment to the Zoning Ordinance that adds a
new zoning district, Planned Area Development district. This new PAD district is designed and based on the
requirements that the PAD should:
1. Be a freestanding zone,
2. Not be dependant on an underlying zoning district for density,
3. Have a one-step plan approval process, and
4. Simplify the "Minimum Criteria for Consideration" currently located in numerous sections
throughout the current ordinance.
The PAD ordinance creates a freestanding zoning district that has its own regulations similar to other zoning
districts. However, the permitted land uses and allowed densities are based on General Plan land-use
designations, not on underlying zoning districts.
The proposed PAD approval process will require both a Rezoning and a Development Plan which will be
considered concurrently. The Development Plan will be reviewed and approved under the current Concept
Plan review process by the Planning & Zoning Commission who will forward recommendations to the Town
Council for the rezoning public hearings. The proposed rezoning process is the same process that is currently
followed for rezoning applications and, in order to be built, must receive final approval from the Town Council.
L)nce the development plan and the rezoning are approved, applicants may then proceed with preparing plans
for building permit review.
Page 1 of 2
The approval criteria for a PAD are more substantial than the current PUD requirements. This is necessary due
to the flexibility of design, density, and uses that may be permitted under a PAD district permit.
When preparing the proposed PAD ordinance, staff borrowed the most appropriate features from other
municipal ordinances and redesigned them specifically for the needs and circumstances in Fountain Hills. The
""'"PAD district regulations contained in the zoning ordinances of the following Arizona cities were reviewed:
• Peoria
• Chandler
• Goodyear
• Avondale
• Glendale
• Clarkdale
• Casa Grande.
The PAD ordinances among these municipalities are all very similar, Therefore, similarities with the proposed
Fountain Hills ordinance and these ordinances will be readily apparent.
Staff has also reviewed comments received during the previous Planning & Zoning Commission and Town
Council public hearings. The current PAD ordinance has been amended to address many of those comments.
This proposal will not affect the existing PUD provisions of Chapter 2 of the zoning ordinance. This new district
offers a new flexibility in the design of development projects. Proponents can either use the existing PUD
provisions and have design standards based on the underlying zoning district, or they can utilize the PAD
process which requires greater Town scrutiny and a rezoning, but allows more overall design flexibility. If the
PAD process is selected for a development proposal, both the Town and the developer will have an increased
ability to plan innovative, creative and aesthetic developments for the Town.
'disk Analysis (options or alternatives with implications):
"'Adoption of the ordinance will allow the development of mixed-use projects, or innovatively designed projects
on lots over 5 acres in size subject to a Development Plan approval by the Planning & Zoning Commission as
well as affirmation of the Development Plan approval and Rezoning approval by the Town Council.
Not adopting this ordinance will maintain the current ordinance standards of development and require any
proposed development project to comply with the underlying zoning district use and density allowances.
Fiscal Impact (initial and ongoing costs; budget status): N/A
Recommendation(s): N/A
Staff Recommendation(s):
Staff recommends that the Planning & Zoning Commission vote to INITIATE the Planned Area Development
(PAD) zoning ordinance text amendment.
SUGGESTED MOTION: Move to INITIATE the Planned Area Development (PAD) zoning ordinance text
amendment as presented.
Attachment(s):
Draft Planned Area Development Ordinance
Submitted by: , Approved by:
'sti"'Bob Rodger-, for Planner 1/4/2011 Paul Mood 1/4/2011
Name/Title Date Development Services Director Date
Page 2 of 2
CHAPTER 23
"taw PLANNED AREA DEVELOPMENT (P.A.D.) DISTRICT
Sections:
23.01 Purpose
23.02 Intent
23.03 Permitted Uses
23.04 Intensity of Land Use
23.05 Design Standards
23.06 General Requirements and Standards
23.07 Application and Procedures
23.08 Amendments to Approved Planned Area Development
Section 23.01 Purpose
Planned Area Development (P.A.D.) District. The principal purpose of this
zoning district is to provide an alternative to conventional zoning by
accommodating development that may combine residential and nonresidential land
uses through common design elements. The district encourages variations in
building design, lot arrangement, circulation patterns, and land uses by replacing
traditional, rigid zoning regulations with performance considerations suited to the
individual development while fulfilling the goals and objectives of the Town of
Fountain Hills General Plan or any applicable area specific plan.
Section 23.02 Intent
The P.A.D. district is intended to achieve the following goals:
A. Encourage the planned development of large and small parcels or lots that
are under unified ownership or control.
B. Encourage and promote innovatively designed residential and commercial
developments to provide greater opportunities for housing, recreation, open
space, shopping and employment.
C. Encourage a more creative approach in the utilization of land in order to
accomplish a more efficient, aesthetic and desirable development that may
be characterized by special features of the geography, topography, size or
shape of a particular property.
D. Provide a compatible and stable developed environment that is in harmony
with the surrounding area.
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1369417.4
Section 23.03 Permitted Uses
Any use or combination of uses may be allowed in a P.A.D., provided such uses
are (A) consistent with the Town of Fountain Hills General Plan, and (B) identified
as permitted uses upon approval of the P.A.D. and the accompanying
Development Plan.
Section 23.04 Intensity of Land Use
A. Densities and intensity permitted in the P.A.D. zoning designation shall be
determined by the Town Council, in its sole discretion, provided such
densities and intensity shall be consistent with the Town of Fountain Hills
General Plan and any applicable area specific plan.
B. The yard, building setback, building height, lot size, and other requirements
within the district shall be those approved in the Development Plan as
provided below in subsection 23.07(B)(6).
Section 23.05 Design Standards
A. Consistency with Standards. The design of the project shall be consistent
with any existing guidelines applicable to the land uses proposed, including,
I C.. but not limited to, the Town's Commercial/Multi-Family Architectural Design
Review Guidelines and Concept Plan requirements.
B. Density Considerations. In determining reasonable densities in a P.A.D.,
the Planning and Zoning Commission and Town Council may consider any
of the following:
1. The location, amount and proposed use of open space.
2. The location, design and type of dwelling units.
3. The physical characteristics of the site.
4. Excellence in site design and landscaping.
5. Adequacy and availability of public services and utilities.
C. Building Height and Setbacks. In the case of a building with a height
greater than twenty (20) feet, the setback from the P.A.D. boundary shall
approximate the building height. The minimum building setback from the
perimeter of the P.A.D. shall be no less than twenty (20) feet, except as
noted in the design standards. Where the P.A.D. is adjacent to dedicated
open space or Open Space Zoning, the minimum building setback may be
1369417.4 2
reduced to five (5) feet regardless of the building height. Within the
Downtown Area (depicted below in this Subsection 23.05(C)) such setbacks
%" may be modified if the Town Council determines that a lesser setback is
appropriate based upon existing conditions or other design considerations.
TOWN OF FOUNTAIN HILLS
DOWNTOWN AREA BOUNDARY
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D. Open Space Provision. A P.A.D. shall provide for enhanced contiguous
open space areas, organized to allow for use and enjoyment for residents
within the P.A.D. area and for connectivity to other open spaces.
Additionally, a minimum of fifteen (15) percent of the total P.A.D. shall be set
aside as open space; provided, however, that the Town Council may
approve a smaller amount of open space for P.A.D. developments with the
Downtown Area.
Section 23.06 General Requirements and Standards
A. Conformance with General Plan. The design and land uses in the proposed
P.A.D. shall be consistent with the Town's General Plan and any applicable
area specific plans.
B. Ownership. The development of the site shall be under control of the
applicant at the time of application and planned and scheduled to be
developed as a whole either in a single phase or multiple phases as outlined
in the required phasing schedule.
C. Approval of Development Plan. No building, subdivision or zoning approval
shall be issued for any use under a P.A.D. zoning designation prior to
approval of the Development Plan as prescribed herein.
D. Number of Buildings Per Lot.
4 /4kr
1 . No more than one (1) primary residence may be built on one (1)
platted or recorded lot in any P.A.D. for single-family detached
dwellings.
2. More than one (1) building may be placed on a platted or recorded lot
for multi-family housing types, commercial uses or other non-
residential uses as shown on the approved Development Plan.
E. Streets, Utilities, Services and Public Facilities. To achieve the maximum
benefit to the Town based upon the unique aspects of each proposal for a
P.A.D., certain specifications and standards for streets, utilities and services
may be subject to minor modifications of the specifications and standards
established in this and other Town ordinances. The Town Council may, in
conjunction with the P.A.D. approval, waive or modify the specifications and
standards for streets, utilities and services upon a finding that such waived
or modified specifications and standards allow the P.A.D. to be developed in
a manner that will benefit the Town. The plans and cross sections of all
streets, utilities and services shall be reviewed, modified if necessary, and
approved by the Town staff prior to the Town Council approval of the P.A.D.
1369417.4 4
F. Utilities. If at all feasible, all on-site utilities shall be installed underground,
including but not limited to, electricity and telephone, including those on land
which will be dedicated to public use as part of the development, and those
utility lines which must be extended to provide such utility services to the
development property from an end point outside the development property
lines.
G. Landscaping. A preliminary landscape plan shall be provided with the
Development Plan and approved by the Town Council. The landscape plan
shall reflect the approved plant list as provided in Chapter 6 of the Town
Subdivision Ordinance.
H. Retail Uses. A large single retail use or large multiple use shopping center
may be located within a mixed use P.A.D., but only when said use has been
expressly identified as part of the P.A.D. zoning application. If such use has
not been expressly identified as part of an approved P.A.D., but is
requested, a major amendment to the P.A.D. is required as specified below
in Section 23.08.
Size and Use Restrictions. P.A.D. zoning shall not be approved for one (1)
single family home on one single family lot or for a parcel of land less than
five (5) acres in size.
I 416..
J. Additional Standards. Development within a P.A.D. shall conform to all
existing codes and ordinances unless modifications of specific conditions,
requirements, and standards are agreed upon by the applicant and the
Town and included as part of the P.A.D. approval.
Section 23.07 Application and Procedures
A. Pre-application Meeting. Prior to making a P.A.D. application, the applicant
shall meet with appropriate Town staff to discuss the development concept,
the review and approval process, and the submittal requirements.
B. Development Plan. The P.A.D. zoning district may only be developed in
accordance with an approved Development Plan. The Development Plan for
the area of the P.A.D. request shall be on one or more sheets of paper
measuring not more than twenty-four (24) by thirty-six (36) inches, drawn to
a scale specified by Town staff, prepared by an Arizona registered civil
engineer or surveyor, including the following:
1. Proposed name of the development.
2. Name, address, and telephone number of the property owner and
applicant.
,w 3. Legal description, including gross and net acreage.
1369417.4 5
ga.. 4. A generalized location map showing surrounding land use, zoning,
and traffic circulation patterns within a three hundred (300) foot radius
of the property, measured in all directions from the perimeter of the
property lines. A north arrow and scale shall be provided.
5. Site conditions information, including:
a. Topographic contours (with intervals of no more than two (2)
feet), covering the entire P.A.D. area plus an area distance of
one hundred (100) feet beyond the property boundary.
b. Location and extent of major vegetative cover (if any). All
Saguaro cacti over three (3) feet in height must be identified as
well as significant vegetation and rock outcroppings as defined
in Article 1 of the Subdivision Ordinance.
c. Location and extent of intermittent streams and water ponding
areas.
d. Existing drainage, including arrows showing direction of flow.
Show any areas of ponding.
e. The maximum height of all retaining walls. Demonstrate
compliance with the Town's grading standards in the Zoning
Ordinance or specifically identify requested variations from
these requirements.
f. Natural features such as mesas, rock outcroppings and
manmade features such as existing roads and structures, with
an indication as to which are to be retained and which are to
be removed or altered.
g. A slope analysis map with categories of less than ten (10)
percent, ten (10) to twenty (20) percent, twenty (20) to thirty
(30) percent and thirty (30) percent and above. Identify hillside
disturbance areas and Hillside Protection Easement (H.P.E.)
areas with areas of each totaled in a table. Demonstrate
compliance with the hillside disturbance regulation of the
Town's Subdivision Ordinance or specifically identify variations
from these requirements.
h. Evidence that the proposed plan complies with existing
agreements that apply to the site.
L
1369417.4 6
Other information considered relevant by the applicant or Town
staff.
6. Proposed land use areas and specifications, including use standards
of each area:
a. Proposed dwelling unit type, total land area and maximum
density of residential use areas.
b. Proposed uses, total land area and maximum lot coverage.
List the individual square footage of all non-residential
buildings and disturbance areas.
c. Proposed public streetscape and public and private open
space improvements and their relationship to the overall
development.
d. Building heights, minimum lot areas and setbacks. Show the
size and dimensions of yards and spaces between buildings
and show the location, type and height of walls and fences.
e. Building elevations and architectural renderings showing
architectural theme colors and type of exterior building
materials for each structure or group of structures in the P.A.D.
f. A graphic representation of the proposed landscaping
treatment, plant materials, fences, walls and other site plan
and open space improvements.
g. Proposed location and width of any arterial, collector or local
streets.
h. Proposed location and use of all lands proposed to be
dedicated for public purposes including parks, storm water
retention areas and school sites.
Master water, sewer and drainage plans. The plans shall
indicate the approximate alignment and sizing of water lines,
sanitary sewers, and storm sewers (if any), as well as
easements for utilities, if necessary. Evidence must be
submitted that the water company operating in Fountain Hills
and the Fountain Hills Sanitary District approve the alignment
and sizing of proposed utilities. Show existing and proposed
grades and drainage systems and how drainage is altered,
how it is redirected to original channel, and how the
L
1369417.4 7
requirements regarding storm water runoff and drainage have
been met.
j. A Traffic Impact Analysis including projected volumes on
streets within and adjacent to the site. Indicate off-site
improvements necessary to accommodate the increase in
traffic at level of service C or better. Indicate any proposed
phasing of traffic improvements and relate such traffic
improvements to the overall phasing of the project.
7. The location, number of spaces, dimensions, circulation patterns, and
surface materials for all off-street parking and loading areas,
driveways, access way and pedestrian walkways. The acceptability of
any proposed shared parking arrangement must be validated in a
study prepared by an independent traffic expert approved by the
Town and whose services are paid for by the applicant.
8. The location, dimensions, height, area, materials and lighting of
signage.
9. The location, height and type of outdoor lighting.
10. Any other information that the Town Staff may find necessary to
establish compliance with this and other ordinances.
C. Project Narrative.
1. The applicant shall submit a statement describing the terms and
conditions under which the property will be developed and maintained
subsequent to development. Such statements shall include any
conditions, performance standards and other reasonable restrictions
as may be necessary to ensure the development and maintenance of
the property in accordance with the approved Development Plan.
The purpose of this narrative is to provide a clear and concise
statement for the review process to ensure a better understanding of
the proposed development concept.
2. The applicant shall submit a description of the objectives to be
achieved by the development concept. The statement shall include,
but is not limited to:
a. The manner in which the proposed development meets the
P.A.D. standards as set forth in the Zoning Ordinance.
b. The proposed architectural and site design concepts including
csy style, colors and type of materials, placement of structures to
1369417.4 8
maximize views and take advantage of the site's natural
• characteristics.
c. Specific concepts by which the proposed development will
make an orderly transition from existing or planned adjacent
development, including varied setbacks and facade treatment,
open space elements, screening of parking areas and
landscaping of public or private open spaces and recreational
facilities.
d. Intended design philosophy and environmental quality
described by written text, graphics or photography, or a
combination thereof.
3. General description of the availability of other community facilities,
such as schools, fire protection services and cultural facilities, if any,
and how these facilities are affected by this proposal.
4. Evidence that the proposal is compatible with specifically cited goals
of the Fountain Hills General Plan and any applicable area specific
plan.
D. Phasing of Development (Phasing Plan).
I
1 . Any P.A.D. plan proposed to be constructed in phases shall include
full details relating to each phase, including the type of development,
density, lot coverage and a map designating the phases and
sequence of development. Each phase shall be designed so that it
may be developed independently of other, subsequent phases.
2. The Phasing Plan shall include the projected time for beginning and
completion of each phase. A modification of the timing of any of the
phases of development may be approved by the Town Manager or
his designee upon the showing of good cause by the developer.
E. Approval of the Development Plan. The review of a Development Plan shall
be in conjunction with the rezoning of the property. The Planning and Zoning
Commission shall base its recommendation, and the Town Council shall
base its decision, on the conformance of the proposed plan with the Town's
General Plan, any applicable area specific plan and the stated purpose of
the P.A.D. district.
F. Recordation of Development Plan. Within thirty (30) days of receiving
zoning and Development Plan approval by the Town Council, the applicant
shall, at applicant's expense, record the Development Plan and conditions of
approval with the Maricopa County Recorder's Office. Failure to record the
1369417.4 9
approved plan within thirty (30) days of approval will render the approval null
and void. The Town Manager or his designee may grant one thirty (30) day
extension of time of the requirement to record the Development Plan.
Section 23.08 Amendments to Approved Planned Area Development
A. General. The applicant or its successors may request amendments to an
approved P.A.D. No amendment will be approved without concurrent
revision of the Development Plan.
B. Major or Minor Amendments. Amendments to the approved P.A.D. shall be
delineated as major or minor amendments. Upon receipt of an amendment
application, the Town Manager or his designee shall determine if the
proposed amendment constitutes a major or minor amendment.
C. Major Amendments. The process to approve Major Amendments shall be
as specified in Section 2.01 of the Zoning Ordinance, as amended.
Changes to the approved Development Plan shall be considered major if
they involve any one of the following:
1 . An increase of ten (10) percent or more in the approved totals of
dwelling units, gross leasable area, setbacks, allowed building height
or in the acreage devoted to any land use category other than open
space.
2. A significant change in boundary lines of development units that the
Town Manager or his designee determines has increased the density
or changed the mix of uses within the development.
3. A ten (10) percent or more reduction in the distance from a use or
building within the P.A.D. to the boundary of the P.A.D., unless the
P.A.D. is adjacent to dedicated open space or Open Space Zoning at
that location.
4. Any change that could result in an increase in traffic impact (trips) on
roadways adjacent or external to the property covered by the P.A.D.
such that the built capacity of the street would be exceeded.
5. Any change in land use or density that is likely to overburden public
facilities and utilities infrastructure as determined by the Town
Manager or his designee, who may consult with service and utility
providers in making his determination.
6. Any other proposed change to the Development Plan that
substantively alters one or more components of the P.A.D. as
coy determined by the Town Manager or designee.
1369417.4 10
D. Minor Amendments. Amendments not meeting one or more of the criteria
listed in subsection 23.08(C) above, shall be considered minor. If the Town
Manager or designee determines the amendment to be minor, the Town
Manager or designee may administratively act on the amendment and
attach stipulations or conditions of approval thereto.
•
41)
1369417.4 11