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HomeMy WebLinkAboutPZ.2021.0913.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION SEPTEMBER 13, 2021 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Chairman Gray called the meeting of September 13, 2021, to order at 6:00 p.m. 2. ROLL CALL Present: Chairman Peter Gray; Vice Chairman Scott Schlossberg; Commissioner Jessie Brunswig (Telephonically); Commissioner Clayton Corey; Commissioner Susan Dempster; Commissioner Dan Kovacevic; Commissioner Rick Watts, Jr. Staff Development Services Director John Wesley; Senior Planner Farhad Present: Tavassoli; Executive Assistant Paula Woodward 3. CALL TO THE PUBLIC None. 4. CONSIDERATION AND POSSIBLE ACTION OF approving the Planning and Zoning Commission minutes of the Executive Session Meeting of August 9, 2021, the Regular Meeting of August 9, 2021, and the Special Work Session Meeting of August 9, 2021. MOVED BY Commissioner Susan Dempster, SECONDED BY Commissioner Clayton Corey to approve the Planning and Zoning Commission minutes of the Executive Session Meeting of August 9, 2021, the Regular Meeting of August 9, 2021, and the Special Work Session Meeting of August 9, 2021. Vote: 7 - 0- Unanimously 5. PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance 21-12, amending Chapter 18,Town Center Commercial District, and Chapter 25, Entertainment Overlay District, by adjusting and clarifying provisions for outdoor seating in the public right-of-way. Planning and Zoning Commission Meeting of September 13, 2021 2 of 6 Chairman Gray opened the public hearing. Mr. Tavassoli said that Ordinance 21-12 is to change Chapter 18,Town Center Commercial District and Chapter 25, Entertainment Overlay District, by adjusting and clarifying provisions for outdoor seating in the public right-of-way. Commissioner Watts asked if the permitting process includes indemnification so the Town is not liable. Mr.Tavassoli said that he was not sure but thinks it is implicit. Vice Chairman Schlossberg asked for a good definition of the town right-of-way and how would a restaurant utilize it for outdoor seating. Mr.Tavassoli replied that the town right-of-way includes the street, median and the sidewalks. An example where there is outdoor seating encroaching in the right-of-way would be OKA Sushi on the Avenue. In response to Chairman Gray, Mr. Tavassoli said that there may be some sort of grandfathering for that particular restaurant.The Special Use Permit would contain stipulations that would ensure the outdoor seating area is accessible and that the sidewalk is ultimately owned by the Town. Mr. Tavassoli said that if alcohol is served outside an enclosed fence is required. An outside enclosure does not require overhead enclosures. The amendment is not intended to address temporary(special) events. Mr. Wesley said that spilling out into the parking spaces would not be allowed. Chairman Gray questioned if the process needed to include the Town Council approval or could it just be approved administratively by staff. Commissioner Dempster and Commissioner Kovacevic commented that this is a good opportunity for restaurants especially during COVID-19 times. Discussion ensued regarding right-of-way, center medians and sidewalks. Mr. Wesley commented that some purposes are issued by encroachment permits. Commissioner Watts said he would like to know for sure that indemnification is included in the ordinance and permitting process. Chairman Gray closed the public hearing. MOVED BY Commissioner Dan Kovacevic, SECONDED BY Commissioner Susan Dempster to forward a recommendation to the Town Council to approve Ordinance 21-12, amending Chapter 18,Town Center Commercial District, and Chapter 25, Entertainment Overlay District, by adjusting and clarifying provisions for outdoor seating in the public right-of-way, adding language that includes certificate of insurance Planning and Zoning Commission Meeting of September 13, 2021 3 of 6 requirement, setting outer limits of area in question and good neighborly housekeeping and maintenance requirements. Vote: 7 - 0 - Unanimously 6. HOLD A PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION ON Ordinance 21-13 amending Zoning Ordinance Chapter 6, Sign Regulations, Sections 6.02, Definitions, Section 6.07, General Regulations, and Section 6.08, Sign Requirements and Allowances. Chairman Gray opened the public hearing. Mr. Wesley said that in May 2021 the Council approved the new sign ordinance. Part of the process was the elimination of temporary signs in the right-of-way. Following that action there were concerns among community members and the council asked for further review and not to enforce until further notice. Mr. Wesley provided maps displaying commercial properties that would not be able to display signs. He said there were not many locations affected —around a dozen that could not put temporary signs in front of their businesses. He said the purpose of the meeting is to consider possible amendments to the new Sign Ordinance to address temporary signs in the right-of-way. The goal is to strike a balance between Section 6.01 Findings and Purpose—avoid visual clutter, promote health and safety, etc. following Council's determination to not allow signs in right-of-way and allow signs for commercial needs. Mr. Wesley explained that in order to allow A-frame and T-frame signs in the Town Center right-a-way, staff added a new definition called the Town Center Pedestrian Area. Mr. Wesley highlighted the following proposals to the Sign Ordinance: - allow A-frames in the ROW in the Town Center Pedestrian Area - provide an exemption for temporary signs (located in right of way) that are part of a Town approved special event - correct an oversight and allow an exception for Post and Board signs -correct an oversight and allow an exception for Yard signs - allow a time frame when Residential Directional Signs can be placed in a ROW Mr. Wesley said that "off-site" and "off premise" are used in different parts of the proposed code. They are the same thing, a correction will be made to use "offsite" throughout the document. In response to Commissioner Dempster, Mr. Wesley said currently A-frames are only allowed in commercial zoning with an exception in residential as a directional sign only. One example would be for directions for an open house. Chairman Gray asked about the real estate post and board sign percentage that are in the right of way. Mr. Wesley said that about fifty percent of the post and board signs are in the Planning and Zoning Commission Meeting of September 13,2021 4 of 6 right-of-way.Traditionally these signs are put in the right-of-way closest to the street for better visibility. After the Town Council approves the code, the next step is education and the enforcement. Enforcement implementation will start with the easiest—A-frames. Chairman Gray asked what the Town has to gain by forcing the post and beam out of the right of way. Perhaps the ordinance could be a little more friendly, a happy medium. Mr. Wesley replied that it removes clutter, visual distractions, and other impediments. He suggested that the language could be adjusted to "may be located in the right of way but must be three feet behind the curb or edge of pavement." Commissioner Watts commented that seating is allowed on sidewalks, right of ways, but not signs. Is it fair to have one and not the other? In regards to signs, he suggested that an exception be made to allow for post and beam signs in residential areas. Generally these signs are not as prolific for commercial area. Mr. Wesley replied that this is a good question and was brought up by the focus groups. He said that signs on sidewalks were not allowed previously so it was not included in this revision. He said he got a strong sense from Town Council that they were not open to signs on sidewalks. Any of the suggested changes are fairly easy to make should the Commission desire. There would need to be specifics stating that at least a ten foot wide sidewalk and six foot clearance on one side of the sign. Commissioner Watts asked if the Town could incent business owners that have zero areas of right of way, to get a permit for signs that hang from their buildings. Mr. Wesley said that projecting signs from buildings are allowed by Town Code but if they hang into the right of way, an encroachment permit is required. A consideration for a blanket encroachment permit could be considered. Commissioner Corey suggested that Planning and Zoning publish a map showing allowable sign display areas. He said this would be helpful to the business owners, especially realtors. Commissioner Brunswig suggested that a footer be placed in the ordinance denoting the re-decision. Mr. Wesley said that once all this is finalized a map can be created that displays allowable sign placement areas. In response to Chairman Gray, Mr. Wesley said there are fines, which recently doubled for sign non-compliance. Commissioner Dempster thanked Mr. Wesley for including items from the discussion groups. Chairman Gray closed the public hearing. • 'Planning and Zoning Commission Meeting of September 13, 2021 5 of 6 Commissioner Watts said he would like to see this move forward with minor adjustments. MOVED BY Chairman Peter Gray, SECONDED BY Commissioner Susan Dempster to forward a recommendation to the Town Council to approve amending Zoning Ordinance Chapter 6, Sign Regulations, Sections 6.02, Definitions, Section 6.07, General Regulations, and Section 6.08, Sign Requirements and Allowances with the following stipulations:allow for post and board installations in residential areas, 3 feet from curb; request for staff to review blanket encroachment for the Town Center; opportunities for public access in respect to the map exhibits, to allow for installations in scenarios where there are at least six foot pathway of sidewalk. Vote: 7-0- Unanimously 7. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. In response to Commissioner Watts, Mr. Wesley said that the electronic permitting system will be live on October 4, 2021 On September 28th there will be a Builders, Developers, Contractors Forum that will feature the new permitting system. Chairman Gray said he would like to request staff to address zoning and regulations for detox and rehabilitation facilities. 8. SUMMARY OF COMMISSION REQUESTS from Development Services Director. Mr. Wesley said that staff would work on the request and prepare information to present at the November meeting. 9. REPORT from Development Services Director. Mr. Wesley told the Commission there would not be an October meeting. 10. ADJOURNMENT The Regular Meeting of the Fountain Hills Planning and Zoning Commission held September 13, 2021, adjourned at 7:15 p.m. +Planning and Zoning Commission Meeting of September 13, 2021 6 of 6 PLAN- G A ZONING COMMISSION Chairman Peter Gray ATTESTED AND PREPARED BY: 0/T-7i2tpti4 Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Planning and Zoning Commission Fountain Hills in the Town Hall Council Chambers on September 13, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 29th day of September, 2021. i&aA 2n 2- L 't— (a2) Paula Woodward, Executive Assistant