HomeMy WebLinkAboutPZ.2011.0127.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
PLANNING& ZONING COMMISSION
JANUARY 27,2011
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, and Richard Turner. 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 Jeff Mangels notified staff in advance
that he would not be attending the meeting because of an out of state commitment.
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 absent
Vice-Chairman Cecil Yates present
Commissioner Richard Holper present
Commissioner Angela Strohan present
Commissioner Richard Turner present
Commissioner Stan Connick present
•
CALL TO THE PUBLIC
No one wished to speak.
REGULAR AGENDA
AGENDA ITEM #1 — CONSIDERATION of APPROVING the Regular minutes of the Planning and
Zoning Commission from January 13,2010.
Vice-Chairman Cecil Yates MOVED to approve the Regular Meeting minutes for the Planning and
Zoning Commission dated January 13,2011. Commissioner Richard Holper SECONDED. A roll call
was taken and the MOTION CARRIED(6-0),by those present.
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 absent
•
Page 1 of 3
AGENDA ITEM #2 — PUBLIC HEARING of a text amendment to the Zoning Ordinance creating a
new Chapter "PLANNED AREA DEVELOMENT (PAD) DISTRICT" if adopted, the amendment
would create the PAD zoning district and associated design criteria for development within the district.
Case Number Z2010-04.
Public Hearing opened at 6:32 p.m.
Robert Rodgers, Senior Planner gave a brief overview of the proposed zoning ordinance. Mr. Rodgers
explained that this ordinance would provide an alternative development method that may combine
multiple land uses with common design elements through the use of innovative performance
considerations and rezoning. Mr. Rodgers pointed out this new PAD district was designed and based on
the requirements that the PAD should:
1. Be a freestanding zone;
2. Not be dependent 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.
Mr. Rodgers summarized this ordinance by stating that with the approval of this ordinance, developers
would be allowed to develop mixed-use projects, or innovatively design projects on lots over 5 acres in
size subject to a Development Plan approved 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 to forward a recommendation to the
• Town Council that they approve the Planned Area Development (PAD) zoning ordinance text
amendment.
No one from the public wished to speak.
Public Hearing closed at 6:34 p.m.
AGENDA ITEM #3 — CONSIDERATION of a text amendment to the Zoning Ordinance creating a
new Chapter "PLANNED AREA DEVELOMENT (PAD) DISTRICT" if adopted, the amendment
would create the PAD zoning district and associated design criteria for development within the district.
Case Number Z2010-04.
Mr. Rodgers addressed various questions from the Commission.
Commissioner Richard Holper expressed his concerns regarding the content and the potentially
prohibitive costs to the developer in this economy associated with this proposed zoning ordinance.
Richard Turner made a MOTION to forward a recommendation to the Town Council to approve the
Planned Area Development(PAD)zoning ordinance text amendment,as presented. Vice-Chairman Cecil
Yates SECONDED and the MOTION CARRIED (5-1). Commissioner Richard Holper cast the nay
vote.
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.
Page 2 of 3
None
AGENDA ITEM#6- SUMMARY OF COMMISSION REQUESTS
None Requested.
AGENDA ITEM#7-REPORT from Robert Rodgers,Senior Planner.
Nothing to report.
AGENDA ITEM#8-ADJOURNMENT.
Vice-Chairman Cecil Yates MOVED to adjourn and Vice-Chairman Lloyd Pew SECONDED and the
MOTION CARRIED(6-0).
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
The regular meeting ADJOURNED at 6:47 P.M.
•
FOUNTAIN HILLS PLANNING&ZONING COMMISSION
BY: ATTEST: jC6>...d;- /efFP. -
ai rman Lloyd Pew Janice Baxter, R c d
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 27th 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 27th day of January 2011.
90
Janice Baxter,R corder
110
Page 3 of 3
TOWN OF FOUNTAIN HILLS
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X X Planning and Zoning
. Board of Adjustment
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AGENDA ACTION FORM
Meeting Date: January 27, 2011 Meeting Type: Regular
Agenda Type. Regular Submitting Department: Planning &Zoning
Staff Contact Information: N/A
REQUEST TO COMMISSION. Consideration of approving the Regular meeting minutes of the Planning and
Zoning Commission from January 13, 2011.
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 and Regular meeting minutes from January 13,
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 Regular meeting minutes of the Planning and Zoning Commission
dated January 13, 2011, as presented.
Attachment(s):
Submitted by:
'Wee 3--,(Wei, January 19, 2011
Name/Title Date
• Approved by:
U
Page 1 of 1
TOWN OF FOUNTAIN HILLS
�... X Planning and Zoning
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Board of Adjustment
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AGENDA ACTION FORM
Meeting Date: January 27, 2011 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 the Zoning Ordinance 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. Case #Z 2010-04
CONSIDERATION of a text amendment to the Zoning Ordinance 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. Case #Z 2010-04
kuppplicant: The Town of Fountain Hills
Applicant Contact Information: Planning & Zoning Division - Robert Rodgers, Senior Planner
Property Location: Town-Wide
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.
-he proposed PAD approval process will require both a Rezoning and a Development Plan which will be
411IC'onsidered 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
Page 1 of 3
PAD Staff Report
P&Z 1/27/2011
.;ouncil 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.
Once the development plan and the rezoning are approved, applicants may then proceed with preparing plans
for building permit review.
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 and 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
°AD process is selected for a development proposal, both the Town and the developer will have an increased
Jollity to plan innovative, creative and aesthetic developments for the Town.
The PAD process essentially combines a Concept Plan, a Plat, a Re-Zoning, and the project's development
stipulations all into one package that must conform to the General Plan land use and density designations
before it will be considered. During the review process the Town Council can also apply whatever additional
design criteria or development conditions they deem appropriate.
Risk Analysis (options or alternatives with implications):
Approval 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):
The Planning & Zoning Commission initiated this text amendment at their January 13, 2011 regular meeting.
Staff Recommendation(s):
Staff recommends that the Planning & Zoning Commission vote to forward a recommendation to the Town
Council that they APPROVE the Planned Area Development (PAD) zoning ordinance text amendment.
Page 2 of 3
PAD Staff Report
P&Z 1/27/2011
lUGGESTED MOTION:
ove to forward a recommendation to the Town Council that they APPROVE the Planned Area Development
(PAD) zoning ordinance text amendment as presented.
Attachment(s):
Draft Planned Area Development Ordinance
Submitted by: Approved by:
Bob Rodgers, Senior Pla ��� 1/19/2011 Paul Mood /'"/ 1/20/2011
Name/Title Date Development Services Director Date
C
Page 3 of 3
CHAPTER 23
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
kir 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.
1369417.4
Section 23.03 Permitted Uses411
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,
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
IWO
1369417.4 2
reduced to five (5) feet regardless of the building height. Within the
0 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
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1369417.4 3
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.
mid
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.
• 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.
3. Legal description, including gross and net acreage.
1369417.4 5
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.
1369417.4 6
® i. 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
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
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).
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
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.
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1369417.4 11
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