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HomeMy WebLinkAboutPZ.2011.1013.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL JOINT SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AND PLANNING AND ZONING COMMISSION AND REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OCTOBER 13, 2011 Planning and Zoning Chairman Lloyd Pew opened the meeting at 5:33 p.m. TOWN COUNCIL ROLL CALL: Councilmember Cassie Hansen present Councilmember Henry Leger present Vice-Mayor Dennis Brown absent Councilmember Ginny Dickey present Councilmember Dennis Contino present Mayor Jay Schlum present Councilmember Tait A. Elkie absent Interim Town Manager Julie Ghetti present Attorney Andrew McGuire present tp- PLANNING & ZONING ROLL CALL: Chairman Lloyd Pew present Vice-Chairman Cecil Yates absent Commissioner Angela Strohan present Commissioner Richard Holper—(Open Seat) absent(Resigned due to health reasons) See resignation letter dated October 13,2011 Commissioner Richard Turner present Commissioner Mike Archambault present Commissioner Stan Connick present Town Councilmembers of the Town of Fountain Hills attended either in person or by telephone conference call, if available. Mayor Jay Schlum congratulated reappointed Planning and Zoning Commission members Chairman Lloyd Pew and Vice-Chairman Cecil Yates and introduced the newly appointed Planning and Zoning Commissioner Mike Archambault. Chairman Lloyd Pew opened the discussion and asked for participation on the following items. Pagel of 10 4111) ITEM # 1- Discussion of the Town's Sign Ordinance. Robert Rodgers presented an update on the ongoing review process and the committee's activities. Robert Rodgers Senior Planner for Development Services gave a brief presentation. Chairman Lloyd Pew asked for questions or comments concerning the committee's activities. Mr. Rodgers pointed out that the subcommittee committee consisted of 13 members as follows: Two Town Council Members Vice-Chairman of Planning and Zoning Commission Chamber of Commerce President Five business owners One resident Four staff members Bob Burns, "The Fountain Hills Times" regularly attends the meetings and writes updates for the newspaper. Mr. Rodgers also pointed out that the subcommittee had decided to review the entire sign ordinance. Mr. Rodgers stated that the subcommittee was going slow; line by line, but was making progress. Mayor Jay Schlum asked Mr. Rodgers about the deadline for the Town Council to review and 1111 decide on extending the sunset date [December 31, 2011] for A-frames and Banners. Mr. Rodgers explained that the committee had decided to hold a series of public open houses and requested that staff ask the Town Council to consider a one year extension with the intention of returning sometime within the next year with a proposed revised amendment to the Zoning Ordinance, Chapter 6. Vice-Mayor Ginny Dickey requested that the committee discuss and/or consider creating a "Sign Free Zone(s)" since this has become available through the Legislation's revised rules concerning political signs. Vice-Mayor Dickey asked if any of the Town Councilmember's positions were discussed in the subcommittee meetings. Mr. Rodgers answered that to his knowledge this has not happened in the Sign Subcommittee meetings. Vice-Mayor Dickey wanted it to be noted that the previous vote on the A-Frames and Banners extension was 7-0, approval by the Council. Councilmember Henry Leger noted that the Legislation had approved a bill in respect to political signs and he wanted to know the criteria for a "Sign Free Zone" from Town Attorney Andrew McGuire. Mr. McGuire state that the bill was hard to understand and he felt there were no solid answers. Mr. McGuire felt that the Town should wait and see how other cities and towns dealt with this bill. Councilmember Leger pointed out that he had read that Paradise Valley would bring up this issue for discussion and a possible vote in the near future. Mr. McGuire stated he felt that this bill was fundamentally flawed and he agreed to follow-up and report back to the Council. Page 2 of 10 Mayor Schlum stated that the Town has a political sign ordinance and that in Fountain Hills there have been very few political signs placed around town. Mr. McGuire pointed out that in years' past political signs were not allowed in the rights-of-way and with the new Legislation these signs will be allowed. Item#2—Discussion of the Saguaro Boulevard Frontage Road. Robert Rodgers gave the presentation and included a PowerPoint presentation (Exhibit "A"). Areas discussed were Replatting of Plat 205, 302, and 302A; Saguaro Boulevard Service Road [See Exhibit "A"]. Approximately five blocks were involved. This issue has been discussed in years' past and has recently been brought forth by some of the businesses along the frontage road who were considering expanding their businesses. Mr. Rodgers stated that the frontage road would have to be abandoned and then the parcels would have to be replatted to allow lots to be extended out giving them frontage on Saguaro Boulevard. Mr. Rodgers pointed out that initial plans had been created for the Town Council and Planning and Zoning Commission to review for discussion. Chairman Lloyd Pew wanted to point out some problems that could be created by replatting. Chairman Pew asked how many driveways would be punched out and created and would the Town encourage dual entrances? Chairman Pew also asked what would happen if a property owner decided to opt out? Would that create odd tracks off of Saguaro? Chairman Pew pointed out that the access roads have always been a problem. Chairman Pew asked Andrew McGuire, Town Attorney, if a municipality gave up property, such as this, could there be any legal action involved by a declaration of rights to access. Mr. McGuire stated that the rights were obvious since the owners were all on one side of the street, and the Town could reserve cross-access easements, if necessary. Mr. McGuire added that his recommendation would be to deal with the cross access issues as a condition of the abandonment. Mr. Rodgers added that staff would encourage dual access and that would need the cooperation of property owners. Commissioner Richard Turner asked Mr. Rodgers what kind of support has been expressed by the businesses for this project. Mr. Rodgers answered maybe four businesses at this point, which came mostly from them wanting to expand their businesses. Commissioner Mike Archambault suggested staff consult with the Chamber of Commerce for feedback and contact information. Commissioner Archambault also suggested a possible opportunity to eliminate the frontage road median and move Saguaro Boulevard over and use the frontage road area as a slow down lane. Mr. Rodgers added that there would be approximately 30' additional buildable area that could be utilized. Issues that would need to be addressed would be sidewalks, landscape,utilities, and sight angles. Mr. Rodgers pointed out that previously it was proposed to charge the businesses for this additional property. The idea fell apart and so maybe giving them the property would pique more interest and cooperation. Page 3 of 10 Town Councilmember Cassie Hansen suggested a mailing to the property owners to see how many would like to be involved. Mayor Jay Schlum stated he would like to see this to be a property owner driven issue. Andrew McGuire, Town Attorney suggested the possibility of an improvement district that would allow the property owners to pay for improvements over a longer period of time. Commissioner Richard Turner also suggested creating better business identification with additional signage. Town Councilmember Cassie Hansen would also like to see improvements made to the various intersections such as Panorama Drive. Chairman Pew asked if there were any other statements to be made. No one came forward. Item # 3 — Planning and Zoning Chairman Pew asked for a Motion to adjourn. Councilmember Henry Leger made the MOTION to adjourn and the MOTION CARRIED (10-0), by those present. The meeting adjourned at 6:05 p.m. 1110 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OCTOBER 13, 2011 Chairman Lloyd Pew opened the regular meeting of the Planning and Zoning Commission at 6:30 p.m. followed by the Pledge of Allegiance and a moment of silence. Present for the meeting were the following members of the Fountain Hills Planning and Zoning Commission: Chairman Lloyd Pew, Commissioners Stan Connick, Angela Strohan, Richard Turner, and Mike Archambault. Vice-Chairman Cecil Yates was unable to attend the meeting. Also present were Director of Development Services Paul Mood, Senior Planner Robert Rodgers, and Executive Assistant and Recorder of the Minutes Janice Baxter. Commissioner Richard Holper resigned on October 13, 2011, due to health reasons. ROLL CALL: Chairman Lloyd Pew present Commissioner Stan Connick present Commissioner Angela Strohan present Commissioner Richard Turner present Commissioner Mike Archambault present • Commissioner Cecil Yates absent Commissioner Richard Holper Open Seat due to resignation Page 4 of 10 Robert Rodgers, Senior Planner asked for nominations for Chairman of the Planning and Zoning Commission for the period beginning October 13, 2011 and ending October 11, 2012. Commissioner Richard Turner nominated Lloyd Pew for reappointment for an additional year as Chairman of the Planning and Zoning Commission beginning October 13, 2011 through October 11, 2012. Lloyd Pew accepted the nomination and Commissioner Mike Archambault seconded the nomination. Robert Rodgers asked if there were any other nominations, and hearing none, he closed the nominations and called for a motion. Richard Turner made a MOTION and Commissioner Stan Connick SECONDED to reappoint Lloyd Pew as Chairman. All were in favor. Chairman Lloyd Pew asked for nominations for Vice-Chairman of the Planning and Zoning Commission. Chairman Lloyd Pew nominated Cecil Yates. Chairman Pew noted that Commissioner Yates had sent an email accepting the nomination (copy attached). Commissioner Stan Connick seconded the nomination. Chairman Pew asked if there were any other nominations, and hearing none he closed the nominations and called for a motion. Commissioner Richard Turner made a MOTION to reappoint Cecil Yates for an additional term as Vice-Chairman of the Planning and Zoning Commission beginning October 13, 2011 through October 11, 2012. Commissioner Angela Strohan SECONDED. All were in favor. CALL TO THE PUBLIC NO ONE CAME FORWARD. REGULAR AGENDA AGENDA ITEM #1 — CONSIDERATION of APPROVING the Planning and Zoning Commission Regular Meeting Minutes from AUGUST 25,2011. Commissioner Richard Turner MOVED to approve the meeting minutes from the August 25, 2011, Planning and Zoning Commission Meeting, as presented. Commissioner Angela Strohan SECONDED. A roll call vote was taken and the MOTION CARRIED 5-0,by those present. Vice-Chairman Lloyd Pew aye Commissioner Stan Connick aye Commissioner Angela Strohan aye Commissioner Richard Turner aye Commissioner Mike Archambault aye Page 5 of 10 AGENDA ITEM #2 — CONSIDERATION of the CONCEPT PLAN for "Dunkin Donuts", to provide a drive-thru window service to customers. Project located at 16225 N. Palisades Boulevard in Palisades (Safeway) Plaza, Suite#122. Case Number CP2011-05. Robert Rodgers gave the presentation and included a PowerPoint Presentation (Exhibit "B"). Mr. Rodgers stated that this was a request to permit Suite 122 of the Palisades Plaza to install a drive- thru window for the use by "Dunkin Donuts". Mr. Rodgers explained that drive-thru services are permitted in the C-2 zoning district with Concept Plan approval. Mr. Rodgers added that the applicant also propose to construct a shaded outdoor seating patio area. Mr. Rodgers pointed out that "Dunkin Donuts" Concept Plan was in conformance with all underlying Zoning Ordinance requirements. Mr. Rodgers stated that a new dumpster would be brought in and the nearest fire hydrant would be moved per the fire Department's request. A menu board would be placed in the back and low landscaping would be installed. Mr. Rodgers added that stipulation #4 would be revised to reflect an agreement between the applicant and the Fountain Hills Sanitary District related to the installation of a grease trap (Exhibit"C"). Mr. Rodgers also reminded the Commission that an email from a resident was forwarded to them concerning this project(Exhibit"D"). Staff's recommendation was that they prefer that the drive-thru vehicle queue be aligned to go straight back down the alley. However, the proposal technically meets the zoning requirements and Safeway has expressed concerns that their loading docks not be blocked. Staff recommended that the Planning and Zoning Commission approve the Concept Site Plan for "Dunkin Donuts", Case#2011-05, subject to the following stipulations: 1. The applicant shall submit Site Improvement Plans. All utilities and drainage features must be installed and functional as shown on the improvement plans and approved by the Town Engineer prior to the issuance of any building permit. 2. No occupancy permit shall be issued prior to the completion of all site improvements as depicted and approved. Said improvements must be approved by both the Town Engineer and the Planning and Zoning Administrator. 3. The applicant shall submit an amended Concept Plan showing all notes and revisions required by this decision to the Planning Administrator for review and approval prior to making application for a Building Permit. A copy of said amended and approved Concept Plan shall be submitted with any and all building permit application for this project. 1. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with items Page 6of10 Revised#4 prior to the issuance of a Certificate of Occupancy, the applicant shall comply with the agreement made with the Fountain Hills Sanitary District. 5. Subject to the applicants fulfilling the Public Art requirement by providing one of the following prior to the issuance of a Certificate of Occupancy: a. Exterior public art of an appraised or invoiced value equal to or greater than 1% of the cost of building construction and associated site work and signage. Water features using recycled water are preferred; b. A donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. Chairman Pew invited Mr. Slechta to the podium. Gene Slechta, 15220 N. Blackbird Drive, Fountain Hills spoke in support of this project, but expressed concerns regarding the drive-thru's design and potential conflicts with the bank's exit driveway. No other requests to speak cards were received. Chairman Pew asked if the Commissioners had any questions for the applicant's representatives. Commissioner Mike Archambault questioned access to the loading ramps in back of Safeway and how many feet were available for trucks to enter and leave the area. The applicant's representative Haley Balzano stated there was approximately 100 feet. Commissioner Archambault asked if the applicant had considered closing the driveway and Ms. Balzano answered that the driveway was off-site and was not be considered for closure. Commissioner Richard Turner requested additional information regarding the radius of the drive- thru. Commissioner Turner stated he had driven(in a small type vehicle) and was concerned that a larger vehicle would have difficulties maneuvering in the drive-thru. The applicant's representative assured the Commission that there was a large enough turning radius. The plans showed some pavement striping which would be added. Chairman Lloyd Pew was also concerned about the turning radius and stated it looked to be a tight turn. Ms. Balzano explained that there was no curbing proposed and that the radius varied. Ms. Balzano also pointed out that any vehicle too large to make the turn would probably not fit under the trellis,which has a height limit of 10'. Chairman Pew asked for the Town Engineer's opinion on the Commission's concern over the turning radius. Randy Harrel explained that some of the Town's streets have a shorter turning radius and he was comfortable with their proposal. 4:40) Page 7 of 10 Commissioner Angela Strohan expressed her concerns for the possible stacking of vehicles. Steve Nothum, First Cup, LLC, explained that the restaurant has a two minute turn-around and that the stacking should not be a problem on most days. Mr. Turner asked if the property was leased or purchased. Steve Nothum applicant said it was a lease with the property owner's approval for the improvements. Commissioner Strohan questioned the pedestrian traffic to and from the site. Chairman Pew also expressed concerns with the placement of the stop sign, the cross-walk and n pedestrian traffic to and from the patio. Mr.Nothum answered that the patio was extra seating and has been used in other Dunkin Donut locations. Commissioner Mike Archambault asked if there were any line of site issues. Mr. Nothum answered that there were none to his knowledge. Commissioner Stan Connick did not see a problem with the Concept Plan including the traffic issues. He added that carbon monoxide should not be a problem since the patio would be built higher than the drive-thru. Commissioner Connick supported this project completely. Chairman Pew was also in favor of the project. Chairman Pew stated that"Dunkin Donuts"would have to live with any congestion that had not been anticipated. Commissioner Archambault asked why the dumpster enclosure was 17' from the building. Mr. Rodgers explained that the new dumpster enclosure would be connecting to an existing dumpster enclosure on site. Commissioner Archambault also stated he was in favor of the project and knew the applicant had worked the plan as best they could. Commissioner Archambault could see no issues with the driveway. Commissioner Stan Connick made a MOTION to approve the Concept Site plan for "Dunkin Donuts", to provide a drive-thru window service to customers as presented and subject to the stipulations outlined in the staff report (as amended). Chairman Lloyd Pew SECONDED and a voice vote was taken and the MOTION CARRIED 4-1, with Commissioner Angela Strohan casting the nay vote. AGENDA ITEM #3 - COMMISSION DISCUSSION/REQUEST FOR RESEARCH to the Planning and Zoning Administrator. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) determining if a majority of Commissioners wish to request staff to conduct further research and report back to the Commission. None Received. Page 8 of 10 AGENDA ITEM#4 - REPORT from the Senior Planner of Planning and Zoning. Robert Rodgers Senior Planner congratulated Chairman Lloyd Pew for being reappointed to the - Commission for another two years and for the re appointment as Chairman for another one-year term. Mr. Rodgers also wanted to congratulate Cecil Yates for his reappointment as Commissioner and for being reappointed Vice-Chairman for another one-year term. Mr. Rodgers also welcomed the new member Mike Archambault to the Commission. Mr. Rodgers informed the Commission that former Commissioner Jeff Mangels was going to be recognized by the Mayor on October 20, 2011, for his term as a Commissioner on the Planning and Zoning Commission. Mr. Rodgers reminded the Commission that the Town Manager position was advertised and the deadline for applications was October 31, 2011. Mr. Rodgers added that Commissioner Richard Holper had resigned from the Planning and Zoning Commission effective immediately due to health issues. A position would now be opened for a Commissioner to fill the final year of Mr. Holper's term. Mr. Rodgers notified the Commissioners that the Thursday, November 24, 2011, Commission meeting would be cancelled due to the Thanksgiving Holiday. Also, Mr. Rodgers asked for feedback from the Commission on cancelling the Thursday, December 22, 2011, Planning and 411) Zoning Commission meeting. Chairman Lloyd Pew said the consensus from the Commission was to cancel the Thursday, December 22, 2011, Commission meeting. AGENDA ITEM#5 - SUMMARY OF COMMISSION REQUESTS No requests were made AGENDA ITEM#6 -ADJOURNMENT. Commissioner Mike Archambault MOVED to adjourn and Commissioner Stan Connick SECONDED the MOTION. The MOTION CARRIED (5-0),by those present. Vice-Chairman Lloyd Pew aye Commissioner Stan Connick aye Commissioner Mike Archambault aye Commissioner Angela Strohan aye Commissioner Richard Turner aye Page 9 of 10 The meeting ADJOURNED at 7:10 p.m. FOUNTAIN HILLS PLANNING&ZONING COMMISSION BY: , � ATTEST: .1/64 Ch rman Lloyd Pew ce 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's joint session with Town Council and the regular Planning and Zoning Commission meeting held in the Town Council Chambers on the 13th day of October 2011. I further certify that the meeting was duly called and that a quorum was present. Dated this 13th day of October 2011 Jan' Baxter, Recorder of the Minutes Page 10 of 10 Janice Baxter prom: Richard D. Holper[rdh@lshlegal.com] ent: Thursday, October 13, 2011 10:37 AM To: 'Janice Baxter' Cc: 'Lloyd Pew' Subject: Planning and Zoning Commission Janice: This confirms our discussion of this morning. It is with regret that I submit my resignation as a member of the Fountain Hills Planning and Zoning Commission. Unfortunately there are a couple of health related issues which need to be addressed. Best regards, Richard D. Holper The Holper Group 16930 E.Palisades Blvd.Suite 108 Fountain Hills,Arizona 85268 480-836-1155 Fax 480-836-1320 rdhl&,,lshleeal.com ********************************************** To ensure compliance with requirements imposed by the IRS,we inform you that any U.S.federal tax advice contained in this communication (including any attatchments)is not intended or written to be used,and cannot be used,for the purpose of(i)avoiding penalties under the Internal Revenue Code or(ii)promoting,marketing,or recommending to another party any transaction or matter addressed herein. The information in this e-mail is ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL and is intended solely for the use by the individual or entity named above. If you believe that it has been sent to you in error.do not read it. Please reply to the sender that you have received the message in error,and then delete it. tor O• ,5z O' C 1 Richard Holper's Resignation Letter 10/13/2011 , ,, , Town of Fountain Hills Staff Presentation O�1AINyr e e m (hat is pay' Saguaro Blvd frontage Road ROW Abandonment TOWN OF FOUNTAIN NILLS ram • \ Fx I SURVEYOR RepIat A Final Replat of the Saguaro Blvd Samoa Road. A Potion Of PM(No 203 3026 302-A F tai Has Arizona. p,. a kig,kjm.. +n tid mt _ l -.� _41) Exhibit "A " 1 Janice Baxter From: Janice Baxter[jbaxter@fh.az.gov] ;ent: Monday, October 10, 2011 4:45 PM `"To: 'Lloyd Pew' Cc: 'Cecil Yates'; 'Robert Rodgers' Subject: RE: Out of Town Chairman Pew.... We received your email. Your direction is clear. See you on Thursday. Respectfully, Janice From: thepewsPgmail.com jmailto:thepewsPgmail.coml On Behalf Of Lloyd Pew Sent: Monday, October 10, 2011 4:03 PM To: Janice Baxter Cc: Cecil Yates; Robert Rodgers Subject: Re: Out of Town Janice, ,,I think we can hold the elections without Cecil being present. All the nominations will come from the commission during the meeting. I would be happy to nominate Cecil for Vice-Chaiman. His e-mail will serve as his acceptance of the nomination. The only downside would be if there is a run-off election with someone else, he would not be present to vote for himself. On Mon, Oct 10, 2011 at 9:10 AM, Janice Baxter<jbaxter@fh.az.gov>wrote: Commissioner... We will miss you for sure but a family vacation is so important. I spoke to Bob this morning and he said that Chairman would make the call about how to handle the elections. So, since Chairman was cc'd, we will wait and see what he decides. Also, if there is anything you would like to email to me regarding the next"Sign" subcommittee meeting, 1 will make sure the committee receives your comments. Commissioner Yates Acceptance of Nomination 1 for Vice-Chairman of Planning&Zoning Commission 10/13/2011 0 ...:.,,,.., Town of Fountain Hills ' ' ,... ,...., - Location Staff Presentation ,.., ,r vi -,• - ,,-, .: 4 . " .. • 1 ..,_ . z P • , . ' ' . . , 0- ., ., . :„. ,.: 17.411111167, q''. , -that is MVP .. . Dunkin Donuts _....„, ., Concept Plan -•/,,. . • .^,: . .. ., " ' Site Plan Existing Conditions . ...., Ilk t, - '' I {) 1 . , . . 10 - - , %A ' 9 • • — • ,..,.._ i : s I I L-iEp --T,177:14'=.,-', __ hi . . .. - t 1111.14°. irl 1 1 1......„ ,,. . . . 1 •' __[,,::: . ,a ,IPT,WILL_Ifill°,.• . 1-1—f ..„, 1—. '-'.f.e:31:°if?), ',,,VIrl, 115-73- , ! ... II= II Exhibit 'B" 1 I Exhibit "C" Janice Baxter 1 of 3 pages From: Robert Rodgers [rrodgers@fh.az.gov] ent: Thursday, October 06, 2011 1:56 PM To: 'Angela Strohan (P&Z)'; Cecil Yates (P&Z); Lloyd Pew(P&Z); Richard Holper(P&Z); Richard Turner(P&Z); Stan Connick (P&Z); cja15033@cox.net Cc: 'Paul Mood'; 'Janice Baxter' Subject: FW: Dunkin Grease Interceptor Commissioners, Below is an update of the Sanitary District's position regarding the Dunkin Donuts grease trap. If/when any motion is made to approve the Concept Plan I recommend that stipulation#4 of the Staff Report be modified to reflect this new information. Thanks. Bob Robert Rodgers Senior Planner Town of Fountain Hills Development Services Department 16705 F. Avenue of the Fountains livFountain Hills, AZ 85268 Direct: 480-816-5138 E-mail: rrodgers@th.az.gov From: Chris Kiriluk [mailto:chriskiriluk@az-fhsd.gov] Sent: Thursday, October 06, 2011 1:41 PM To: Haley Balzano Cc: Lori Gary; Steve Nothum; TJ Gardner; Ron Huber; Paul Mood; rrodgers@fh.az.gov Subject: RE: Dunkin Grease Interceptor Dear Haley and all Stakeholders: After looking further into this issue, the District has decided to allow the installation of a 50gpm/100 lb grease trap at the proposed Dunkin Donuts location in Fountain Hills. The trap must be able to consistently limit the fat, oil, and grease (FOG) discharge to the District's limit of 100 mg/L. This will very likely require the trap to be pumped a minimum of every 30 days, and possibly even more often. A staff person from another municipality has indicated to the District that while a 50gpm trap seems adequate for a Dunkin Donuts location in his jurisdiction, he has encountered resistance to a 30 day pumping schedule. If Dunkin Donuts staff intends to pump less frequently, then I would strongly recommend the use of a small (350 or 500 gallon) outside interceptor. ,,, The District will determine the pumping schedule for this proposed location from a sampling regimen that we perform. We will take a sample from inside the trap after the location has been open for 30 days. If that sample is over the limit,the schedule will be set at least at 30 days, perhaps more frequently if the sample result is 1 significantly over our limit of 100 mg/L. If the sample is under the limit,we will sample again at 60 and 90 days, until the result has exceeded the District's discharge limit. In order to facilitate this sampling in a way that will be the least disruptive to the kitchen staff, the District will require a sampling tee be installed "nmediately downstream of the grease trap so that we can sample without having to open the trap itself, Illilfeleasing odors throughout the establishment. Please be advised that if the sampling requires that the trap must be cleaned once a week or even more often and the sample results continue to be consistently over 100 mg/L,then the District will require the installation of an outside grease interceptor. This installation would require the temporary closing of the business in order to install, and the price is likely to be higher since the installation will be more disruptive to a finished commercial unit. After the initial sampling regimen,the District will continue to sample this location a minimum of once per year. Sampling will occur more frequently if there are odor complaints or District staff notices FOG related issues in the sewer immediately downstream from this location. Please consider all these issues if you do decide to install the 50 gpm grease trap. Again, I feel the need to reiterate our concern over the need for a pumping schedule that is likely to be more frequent than the Dunkin Donuts staff may have in mind or be comfortable with. Chris Kiriluk ,, Assistant District Engineer Exhibit "C" Fountain Hills Sanitary District 2 of 3 pages I from: Haley Balzano [mailto:haley@bnp-Ilc.com] Sent: Tuesday, October 04, 2011 11:41 AM To: Chris Kiriluk Cc: Lori Gary; Steve Nothum; TJ Gardner Subject: Fwd: Dunkin Grease Interceptor Chris - We received your letter in the mail about the grease interceptor. Please see the email below from the client regarding the usage. Is an interior unit acceptable? Thanks, HALEY BALZANO principal bar napkin productions,llc 808 e Osborn rd.suite#101 phoenix . az . 85014 602.903.7423 haley@bnp-11c.com Please consider the ENVIRONMENT before printing this email 4600 This email message and any attachments contain information which may be privileged and confidential.If you are not the intended recipient or have received this transmission in error,please notify the sender immediately and destroy all electronic and hard copies of the communication,including attachments.Any disclosure, copying,distribution or use of this information is strictly prohibited 2 Exhibit "C" Begin forwarded message: 3 of 3 pages From: Steve Nothum <steve@landworksaz.com> Date: October 4, 2011 8:53:47 AM MST To: Haley Balzano <haley a(�bnp-Ilc.com> Subject: Re: Attached Image Please find out why it cannot be located inside the store. It is much cheaper to build that way. It is VERY small, about the size of a large ice chest. We use no oils, do no frying. Only minimal convection baking in the store. Our interceptor needs are at the bare minimum (to collect glaze or icings from washing the pans in the 3 comp and even that is minimal as we line our trays with paper). Note: All of our stores in every city have them inside (unless they were provided by the Landlord). We have never done an outside grease trap on a TI. It requires too much busting thru the footings/stems, and requires a lot more turns in the plumbing drains (not as clean as a system). Please see if we can keep inside. Steve On Tue, Oct 4, 2011 at 8:35 AM, Haley Balzano <haley@bnp-llc.com>wrote: FYI - see attached.... HALEY BALZANO principal bar napkin productions, lic 808 e osborn rd.suite#101 411) phoenix . az . 85014 602.903 .7423 hale)@bnp-1lc.com Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under the Arizona Public Records Law (ARS 39-121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to the use of this technology. 3 Janice Baxter crom: Robert Rodgers [rrodgers@fh.az.gov] Thursday, October 13, 2011 10:51 AM To: 'Janice Baxter' Cc: 'Paul Mood' Subject: RE: Dunkin Donuts site plan Janice, Please make copies of this e-mail for the Commission members tonight. They can read the note, ask questions, etc. at the meeting. Thanks. Bob From: Janice Baxter [mailto:jbaxter@ fh.az.govl Sent: Thursday, October 13, 2011 10:31 AM To: 'Paul Mood' Cc: Robert Rodgers Subject: FW: Dunkin Donuts site plan From: G3 [mailto:gazzats(acox.netl li,„jent: Thursday, October 13, 2011 1:47 AM To: pzc@&fh.az.gov Subject: Dunkin Donuts site plan While I am fine with the drive-thru in general and look forward to using it probably more than I should... I would ask that the site be slightly modified to improve pedestrian connectivity from the existing shopping center sidewalk to the west and to the bank sidewalk on the east that connects to the Walgreens etc. Most of the Towns planning documents mention better pedestrian connectivity and here is a simple opportunity to make a good connection rather than take the pedestrians into the walled patio area. I think a simple solution would be to widen the new west ped ramp and allow pedestrians to go to the south of the wall into the patio or go north of the wall and continue to the east which would only remove a line of Lantana. Please also check the turning radius for the driveway (I am not sure of the exact width but looks borderline. As a traffic engineer I can tell you the standard design u-turn is basically 51 feet measured from outside to outside. You can go to down to about 44 feet but may have some problems with suv's as most have around a 40-43 foot turning radius leaving little room for driver error and may end up with bumpers hitting/scrapping the wall. Thank you for your consideration, George Williams 41110, 1 Exhibit "D" w� �� v, NC THE OINT SESSION FOUNTAINOTIE HILLS TOWN COUNCILSPECIAL J AND PLANNING OFTHE AND ZONING COMMISSION AND REGULAR SESSION OF THE • 9!l that is issyfr PLANNING AND ZONING COMMISSION Town Council Members Mayor Jay Schlum Councilmember Tait D. Elkie Vice-Mayor Ginny Dickey Councilmember Henry Leger Councilmember Cassie Hansen Councilmember Dennis Brown Councilmember Dennis Continio P& Z Commission Members: Chairman Lloyd Pew Vice-Chairman Cecil Yates Commissioner Richard Holper Commissioner Angela Strohan Commissioner Stan Connick Commissioner Richard Turner Commissioner Michael Archambault tir Joint Session of the Planning and Zoning Commission and Town Council WHEN: THURSDAY OCTOBER 13, 2011 TIME: 5:30—6:15 P.M. SPECIAL JOINT SESSION WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. Avenue of the Fountains AGENDA ITEMS SPECIAL JOINT SESSION [Council Members of the Town of Fountain Hills will attend either in person or by telephone conference call.] • CALL TO ORDER AND ROLL CALL—Chairman Lloyd Pew • Introduction of newly reappointed or newly appointed Commissioners. —Mayor Schlum (1) Discussion of the Town's Sign Ordinance. Robert Rodgers will present an update on the ongoing review process and the committee's activities. Introduction by Lloyd Pew (2) Discussion of the Saguaro Boulevard Frontage Road: 1) Abandoning the Right-of-Way and 2) The transfer of the property to abutting land owners. Introduction by Lloyd Pew. I 4,7 (3) ADJOURNMENT. P&Z Joint Session Agenda REGULAR PLANNING AND ZONING MEETING AGENDA 41) WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS TIME: 6:30 P.M. • CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Chairman Lloyd Pew • MOMENT OF REFLECTION—Chairman Lloyd Pew • ROLL CALL—Chairman Lloyd Pew • ELECTION OF A CHAIRMAN AND VICE-CHAIRMAN FOR A ONE-YEAR TERM BEGINNING OCTOBER 13,2011 THROUGH OCTOBER 18,2012.— Chairman Lloyd Pew • NOTE: Appointed positions will take their seats at the Thursday, October13, 2011, Planning and Zoning Commission Meeting. PROCEDURE FOR ADDRESSING THE PLANNING & ZONING COMMISSION (kwAnyone wishing to speak before the Commission must fill out a speaker's card and submit it to the Commission Secretary prior to Commission discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Secretary's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Secretary or the Chairman. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Commission Members. Speakers' statements should not be repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Commissioners, Town Council members, Town staff or members of the public are not allowed. Please be respectful when making your comments. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not(i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue prior to the beginning of the Public Hearing and the Consideration of said issue. Individual speakers will be allowed three contiguous minutes to address the Commission. Time limits may be waived by (i) discretion of the Chairman upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Commission at Meeting or (iii) the Chairman either prior to or during a Meeting. If you do not comply with these rules,you will be asked to leave. L P&Z Joint Session Agenda CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Commission and (ii) is subject to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Commission members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Commission agenda. REGULAR AGENDA (1) CONSIDERATION of APPROVING the Planning and Zoning Commission Regular Meeting Minutes from August 25,2011. (2) CONSIDERATION of the CONCEPT PLAN for "Dunkin Donuts", to provide a drive-thru window service to customers. Project located at 16225 N. Palisades Boulevard in Palisades (Safeway) Plaza, Suite #122. Case Number CP2011-05. (3) COMMISSION DISCUSSION/REQUEST FOR RESEARCH to the Planning and Zoning Administrator. Items listed below are related only to the propriety of(i)placing such items on a . future agenda for action or (ii) determining if a majority of Commissioners wish to request staff to conduct further research and report back to the Commission. (4) REPORT from Robert Rodgers, Senior Planner. (5) SUMMARY OF COMMISSION REQUESTS by Robert Rodgers, Senior Planner. (6) ADJOURNMENT. DATED this 6th day of October 2011 ert Rodgers, Senior Planner The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837- 2003 (voice)or 1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Commission with this agenda are available for review in the Executive Assistant's office. A majority of the Council Members may be in attendance. No official action will be taken. P&Z Joint Session Agenda OJlyTAIN rtC� TOWN OF FOUNTAIN HILLS z X Planning and Zoning ° 4 Board of Adjustment that is y tioo AGENDA ACTION FORM Meeting Date: October 13, 2011 Meeting Type: Regular Agenda Type: Regular Submitting Department: Planning&Zoning Staff Contact Information: N/A REQUEST TO COMMISSION: Consideration of approving the Planning and Zoning Commission Regular meeting minutes from August 25, 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 Regular meeting minutes from August 25, 2011. 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 Planning and Zoning Commission Regular meeting minutes dated August 25, 2011, as presented. Attachment(s): Submitted by: Zitive Maile, October 4, 2011 Name/Title Date Appr ved by: lb // it or ate Page 1 of 1 t�AINy TOWN OF FOUNTAIN HILLS X Planning and Zoning • your low• Board of Adjustment that �... No. oc AGENDA ACTION FORM Meeting Date: October 13, 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: CONSIDERATION of the CONCEPT PLAN for "Dunkin Donuts", to provide a drive-thru window service to customers. Project located at 16225 N. Palisades Blvd in Palisades (Safeway) Plaza, Suite#122. (APN #176-24-881A) Case #CP2011-05 Applicant: Steve Nothum, (First Cup LLC) Applicant Contact Information: 2710 E Camelback Rd., Phoenix, AZ 85016 (602) 620 - 2611 (-Property Location: 16225 N. Palisades Blvd Palisades (Safeway) Plaza, Suite #122. (APN #176-24-881A) Related Ordinance, Policy or Guiding Principle: Zoning Ordinance Chapter 2, Section 2.04 — Concept Plan Review Zoning Ordinance Chapter 12 — Commercial Zoning Districts Zoning Ordinance Chapter 19 —Architectural Review Guidelines Staff Summary (background): EXISTING ZONING: "C-2" — Intermediate Commercial EXISTING CONDITION: Existing Retail Plaza SUITE SIZE: 2,100 sq. ft. ± EXTERIOR SCOPE OF WORK SIZE: 5,200 sq. ft. ± SURROUNDING LAND USES & ZONING: North: Palisades Blvd then Residential Condominiums - Zoned "R-3" South: Safeway Plaza - Zoned "C-2" East: Wells Fargo Bank - Zoned "C-2" West: Safeway Plaza - Zoned "C-2" Page 1 of 4 SUMMARY: This is a request for approval of a Concept Plan to permit Suite 122 of the Palisades Plaza to install a drive- thru window for use by a Dunkin Donuts Restaurant. Restaurants with drive-thru services are permitted in the C-2 zoning district with Concept Plan approval. The drive-thru will occupy the currently vacant pad directly adjacent to the restaurant. In addition to the vehicular drive-thru, the applicants propose to construct a shaded outdoor patio area for their customers. Vehicular access to the plaza is via multiple driveway entrances on both Fountain Hills Blvd and Palisades Blvd. Vehicular access to the proposed drive-thru window location will utilize a portion of the service alley directly behind the existing retail plaza. Pavement markings and directional signage are proposed to aid motorists in properly accessing the window. Section 19.03 of the zoning ordinance requires that any proposal for a drive-thru window demonstrate that there is adequate and safe on-site vehicle stacking. The minimum requirement is 11 vehicles and the applicants have provided a diagram on the Concept Plan showing that this requirement has been met. The plaza has customer parking spaces at the west (front), north and south sides of the plaza. The areas along the rear of the building are used for deliveries. The drive-thru has been designed so that the vehicle queue will not to block these areas. Preliminary menu board and directional signage locations are shown on the site plan. These locations have been selected so as not to interfere with vehicle lines of sight. However, the locations are for illustration purposes only at this time and may be subject to change. Any signage will be by separate building permit and will comply with the Town's zoning ordinance requirements. The fire hydrant which is currently located within the proposed patio area will be re-located across the driveway at the request of the Fire Department. Existing plaza landscaping will not be altered and additional landscaping ,,. will be installed in and around the proposed outdoor patio area in a manner that will not interfere with traffic or lines of sight. EVALUATION: The currently vacant suite is within the C-2 zoning district. The Concept Plan's development pattern is in conformance with all underlying Zoning Ordinance requirements. The proposed use (restaurant with drive-thru) is permitted in the C-2 zoning district. Pursuant to Chapter 19 of the zoning ordinance, the Planning & Zoning Commission must include either an approval, or recommend changes to the architectural design in their Concept Plan decision. The architectural elevations have been provided for review and include the installation of the drive-thru window and a shaded outdoor patio. It is staff's opinion that the proposed design adequately integrates into the existing architectural scheme and staff recommends approval of the design. Risk Analysis (options or alternatives with implications): Approval of this project will allow the Dunkin Donuts restaurant to occupy the vacant commercial suite and install a drive-thru window. Denial of this project will either cause the suite to remain vacant until another potential business can be found, or will cause the applicants to re-design their project in an effort to receive an approval. Fiscal Impact (initial and ongoing costs; budget status): None skew Page 2 of 4 Staff Recommendation(s): Staff would prefer that the drive-thru vehicle queue be aligned to go straight back down the alley. However, the roposal technically meets the zoning requirements and Safeway has expressed concerns that their loading docks not be blocked. Staff recommends that the Planning & Zoning Commission approve the Concept Site Plan for "Dunkin Donuts"; Case #2011-05 subject to the following stipulations: 1. The applicant shall submit Site Improvement Plans. All utilities and drainage features must be installed and functional as shown on the improvement plans and approved by the Town Engineer prior to the issuance of any building permit. 2. No occupancy permit shall be issued prior to the completion of all site improvements as depicted and approved. Said improvements must be approved by both the Town Engineer and the Planning & Zoning Administrator. 3. The applicant shall submit an amended Concept Plan showing all notes and revisions required by this decision to the Planning Administrator for review and approval prior to making application for a Building Permit. A copy of said amended and approved Concept Plan shall be submitted with any and all building permit applications for this project. 4. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with items 1 — 3 of the Fountain Hills Sanitary District's review memo dated September 21, 2011. 5. Subject to the applicants fulfilling the Public Art requirement by providing one of the following prior to the issuance of a Certificate of Occupancy: a. Exterior public art of an appraised or invoiced value equal to or greater than 1% of the cost of building construction and associated site work and signage. Water features using recycled water are preferred; b. A donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. SUGGESTED MOTION: Move to approve the Concept Site Plan for "Dunkin Donuts", to provide a drive-thru window service to customers as presented and subject to the stipulations outlined in the staff report. Project located at 16225 N. Palisades Blvd, Suite #122. Case #CP2011-03 Submitted by: fob Rodgers, iri 10/3/2011 Senior Planner Date Approved b /0/3/47 taitievelopment Services Director Date Page 3 of 4 Attachment(s): 1. Site Map L 2. Application 3. Applicant's Project Narrative 4. FH Sanitary District Memo of 9/21/2011 5. Concept Plan (7 Pgs) 6. Color Rendering 7. Materials Board SITE MAP • s + Ir. � t „, `N. a .2 r -. Y A r+ 4"otta ,- , "d . .. , ;I1 r ! 410 0.--, aid6,7 i,rth . -0.01 - . 0 ,r= / r-- A, / J SSA"tGYkf i i 0 1 a d VP 3 F t 5 e Wilk es 1111 Page 4 of 4 AIN DO Not write in this space-official use only o lt� ' Filing Date q 13- a Of I o r Accepted By , ti z _� 4-/1-20/ .. Fee Accepted 700. o C7 C "`-- Case Manager &.h 1 od � •9'l that is AtviP The Town of Fountain Hills Planning & Zoning Division - 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) Special Use Permit &Amendments Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee, if applicable) Variance Other PROJECT NAME / NATURE OF PROJECT:OUNKIN Dotyl3cs- t,Ew `f\ L)(tpkIGT. LEGAL DESCRIPTION: Plat Name e Block ' Lot 32 PROPERTY ADDRESS:-j3 3 Tl - Li 131-`lD PARCEL SIZE (Acres) 2,3-i1la ASSESSOR PARCEL NUMBER 17 4^Z`F-s5i ik NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING C-2. PROPOSED ZONING il/k Applicant i 7240 Mrs. 5 N 5 -�Uh� (91g• CO?, ,) Day Phone (002.622C0.7.1P1 I Mr. Ms. Address: 270 E CaelEuib&ex vto City: % State: a Zip: g D1O Email: 5vE e) I.446.UOWO AZ.CO /\ / l- \ 1 P L ,. Cny Owner Mrs. sii+Q4 as rLbpt.0 Day Phone Mr. Ms. Address: City: State: _ Zip: If application is being submitted by someone other than the owner of the property under consideration,the section below must be completed. SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of > 20 My Commission Expires Notary Public Application-Revised 100701 MUNIS# Page 2 of 6 y September 12, 2011 ;N:! To: Fountain Hills Planning Department Re: Dunkin Donuts Drive Tru - Preliminary Planning Submittal - Project Narrative PROJECT NARRATIVE Project Scope:To develop a new drive thru for Dunkin Donuts on an Existing Parcel. The project is located on an end cap of the existing building on the parcel.There is currently a dirt area in the location of the proposed drive thru location. This project currently complies with the C-2 Zoning for the Parcel. The proposed plan complies with the City requirements including an 11 car stacking per preliminary reviews and meetings with Bob Rogers at the City of Fountain Hills. 4110 bar napkin productions,11c 808 e osborn road suite #101 phoenix,az 85014 602.492.9494 www.bnp-11c.com J��AIN�1 44o �� FOUNTAIN HILLS SANITARY DISTRICT 16941 E. PEPPERWOOD CIRCLE FOUNTAIN HILLS, AZ 85268-2901 f 9�ij� 5 ~� TELEPHONE: 480-837-9444 FAX: 480-837-0819 RY �1 www.az-fhsd.gov DATE: September 21,2011 L'J MEMO TO: Bob Rodgers • Town of Fountain Hills1-9 I9�0`9 fig_ FROM: Chris Kiriluk 9'P4,1, RE: Dunkin' Donuts Tenant Improvement for Palisades Plaza(anchored by Safeway) 13733 N. Fountain Hills Boulevard Case No. CP2011-05 First Submittal I have reviewed the above referenced submittal for conformance with District requirements and have the following comments: 1. An outside underground concrete grease interceptor will need to be installed as part of this project. The size of the interceptor will be determined by the number of fixtures in the kitchen. 2. A separate sewer service may be needed to be installed as part of the installation of the grease interceptor. 3. The location of the outside grease interceptor should be in the landscaped area shown in the conceptual site plan and not in the drive-thru for safety purposes when sampling. cc: Architect— Bar Napkin Productions,LLC 808 E. Osborn Road, Suite#101 Phoenix, AZ 85014 I Hazel Cunningham /cdk 4 4, bar napkin proluctionr,11.c 2p9h404,nn i4x4 tt ah t815. . #144 018 1110 ' 602.4q2 q4q4 www.bnp-llc.com EIFS - Field Color EIFS - Accent Color To match existing i To match existing field color accent band. Wood Trellis c1111101DUNICIN• Dunkin Donuts- Fountain Hills 'De 3 DONUT 13773 Fountain Hills Blvd. Fountain Hills, AZ 85268 ,