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HomeMy WebLinkAboutPZ.2021.0510.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION May 10, 2021 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE 2. ROLL CALL Present: Commissioner Jessie Brunswig; Commissioner Susan Dempster; Commissioner Dan Kovacevic; Vice Chairman Scott Schlossberg; Commissioner Roderick Watts,Jr.; Chairman Peter Gray Absent: Commissioner Clayton Corey Staff John Wesley, Development Services Director; Paula Woodward , Present: Executive Assistant 3. CALL TO THE PUBLIC Crystal Cavanaugh said that drug rehab is big business and often with outside investors bringing them into communities they do not live. Any zoning changes that allow these type of detox units allowed in the community will impact the citizens here in significant ways with very little benefit to the town but with many potential ramifications. She said she has yet to receive her public records request. She said extra scrutiny is needed when making decisions. Any requests for zoning changes to allow detox facilities should be denied. Liz Gildersleeve expressed concern over the lack of transparency and due process with the Town and Town staff in regards to Ordinance 21-06. She said she has yet to receive public records requested over two weeks ago. The request was for emails referencing inquiries about detox facilities in Fountain Hills. She referenced Mr. Wesley's comments at the Town Council Retreat in February 2021 that stated some of the negatives to a community that accompany detox facilities. She said that the proposed ordinance language is so vague and broad it would allow almost any facility to become a detox facility. 4. DISCUSSION AND CONSIDERATION of Appointing a Chairperson. Discussion ensued relative to the appointment of the chairperson. MOVED BY Commissioner Susan Dempster, SECONDED BY Vice Chairman Scott Schlossberg to Appoint Peter Gray as Chairperson. Vote: 6- 0- Unanimously 5. DISCUSSION AND CONSIDERATION of Appointing a Vice Chairperson. Discussion ensued relative to the appointment of the Vice Chairperson. MOVED BY Chairman Peter Gray, SECONDED BY Commissioner Dan Kovacevic to Appoint Scott Schlossberg as Vice Chairperson. Vote: 6 -0- Unanimously Planning and Zoning Commission Meeting of May 10, 2021 2 of 7 6. CONSIDERATION OF approving the meeting minutes of the Joint Meeting with the Community Services Advisory Commission and the Planning and Zoning Commission April 12, 2021, and the regular meeting minutes of the Planning and Zoning Commission April 12, 2021. MOVED BY Commissioner Jessie Brunswig, SECONDED BY Vice Chairman Scott Schlossberg to approve the meeting minutes of the Joint Meeting with the Community Services Advisory Commission and the Planning and Zoning Commission April 12, 2021, and the regular meeting minutes of the Planning and Zoning Commission April 12, 2021. Vote: 6-0- Unanimously 7. CONSIDERATION OF a Special Use Permit to allow residential use of the second floor of an existing building in C-C, Common Commercial, zoned property at 16810 E. El Pueblo. Chairman Gray opened the Public Hearing. Mr. Wesley explained that the applicant is asking for a Special Use Permit for a property located at 16810 E El Pueblo Blvd. The applicant would like to provide business services on the ground floor and reside on the second floor converted to living space. The second floor contains an existing kitchen and two bathrooms that could easily be finished. There are no plans to change the exterior or the parking area. It is located in the C-C, Common Commercial zoning district which is the same as the C-1, Neighborhood Commercial and Professional zoning district. Mr. Wesley gave a short PowerPoint Presentation that reviewed: PURPOSE LOCATION REQUEST REVIEW STANDARDS STAFF RECOMMENDATION Mr. Wesley said that allowing this proposed property use would be consistent with the intent of the General Plan 2020. The General Plan encourages a board range of housing types affordable to all income ranges and densities consistent with the character of the area. Over the past 50 years the area has not fully developed and is underutilized. The ground level of the building would be an office and the second floor would consist of residential use. In conclusion he said the addition of one dwelling unit would not be detrimental to this neighborhood and could likely benefit by having this development more actively used. Staff supports a recommendation for approval of this Special Use Permit. In response to Commissioner Brunswig Mr. Wesley replied that the adjacent lot is not owed by the applicant. The Property Owners Association is responsible for the landscaping and parking areas. The Ownership of the units is mixed. The parking is part of the CC& R's would dictate the parking which is jointly owned by the stake holders. Planning and Zoning Commission Meeting of May 10,2021 3 of 7 Chairman Gray asked if the Special Use Permit is tied to the applicant and were there any objections from adjacent stakeholders. Mr. Wesley replied that the Special Use Permit runs with the parcel. The SUP would remain with the lot regardless of ownership. If any other lots would like the same set up they would need to apply for a Special Use Permit. This permit is for one lot. No objections were received from the adjacent property owners regarding this SUP. In response to Commissioner Dempster Mr. Wesley replied that the SUP is for one residential unit. Although there are no exterior changes planned it is expected that the dark sky ordinance is followed. The applicant, Don Prescott, explained to the commission that he is excited to be part of the Fountain Hills community. He is a certified financial planner with Edward Jones. He will meet with customers on the first floor office and his family will dwell on the 2nd floor. Chairman Gray closed the Public Hearing. MOVED BY Commissioner Susan Dempster, SECONDED BY Commissioner Jessie Brunswig to forward a recommendation to the Town Council to approve a Special Use Permit to allow residential use of the second floor of an existing building in C-C, Common Commercial, zoned property at 16810 East El Pueblo Blvd. Vote: 6 -0- Unanimously 8. CONSIDERATION OF Resolution 2021-18 adopting the Fountain Hills Active Transportation Plan. Mr. Wesley gave a quick recap of the ATP (Active Transportation Plan). He said that the purpose of the ATP is to provide a blueprint to help develop the network within the town, locally and regionally. It is designed to meet the needs of all age groups. Town Council will refer to the ATP regarding budget and planning. It will be used as a tool to help apply for grants to help fund infrastructure such as sidewalks, trails, and bike paths. One of the main objectives is to close gaps especially in high density parts of town.Over the last 9 months a public process took place with public input to make their priorities known. The final draft has been available for over a month. It is up to the Commission to make a recommendation to Town Council. There were comments from the last Commission meeting that the consultant took and made adjustments to the plan. There were a lot of good comments received that were not applicable to the ATP. Those comments will be kept in mind to be used in the future. Section 3 of the plan establishes the implementation, options and priorities. The templates provided will assist staff to calculate cost for future ATP projects. Staff recommends approval of the plan. MOVED BY Commissioner Dan Kovacevic, SECONDED BY Commissioner Susan Dempster to forward a recommendation to the Town Council to approve Resolution 2021-18 adopting the Town of Fountain Hill Active Transportation Plan. Vote: 6 -0- Unanimously 9. CONSIDERATION OF Ordinance 21-06 amending the Chapter 12 of the Zoning Ordinance to provide for hospitals as a permitted use. Planning and Zoning Commission Meeting of May 10, 2021 4 of 7 Mr. Wesley stated that this agenda item was continued from the April 12, 2021, Planning and Zoning Commission meeting in order to consider alternative zoning allowances. He gave a brief history regarding the text amendment stating its purpose was to update the zoning ordinance to reflect the decision that was already made by the Town Council. During the April 12, 2021 meeting the Commission expressed concern that the hospital did not fit in the C-1 zoning district, that the C-2 or C-3 districts would be a better fit.The previous action by Town Council was not legally exclusive to the Trevino and Saguaro property. All property within the same zoning district must be treated the same. Mr. Wesley referenced other Arizona municipalities to see what zoning districts are used to allow hospitals. He said most communities allow hospitals in districts similar to Fountain Hills C-1 and C-C zoning districts by right or approval of a conditional use permit.The only exception was Paradise Valley not allowing hospitals at all. Mr. Wesley explained that based on the Commission's request there are two options in the packet for their review and consideration. The ordinance (previously proposed) allows hospital in C-1 and C-C with a Special Use Permit with hours between 11:00 pm and 7:00 am, and in the C-2 and C-3 by right. He said that the use would not be allowed by right. The Special Use Permit process would include citizen participation and public hearings before the use could be approved. The other ordinance option would allow for hospitals in the C-2 and C-3 zoning districts only.This would mean the existing hospital would become a legal nonconforming use. Mr. Wesley added that the definition of a hospital was discussed at the last meeting. He provided definitions of hospitals from various zoning ordinances. If no hospital definition existed, staff would use a standard definition. Mr. Wesley concluded that the commission can review both the permit use and definition together or review the permit use and leave the definition determination for later. Staff recommends approval of the ordinance as previously submitted which would make hospitals a use by right in the C-2 and C-3 district and allow them in the C-1 and C-C districts with approval of a Special Use Permit. In response to Commissioner Dempster, Mr. Wesley said that if the ordinance was amended the hospital would be allowed to continue under legal non-compliance use. Allowing hospitals in C-1 does not include detox. That is a separate defined used. Commissioner Dempster expressed concern regarding that the Fountain Hills comparison to other Towns in Arizona does not seem reasonable. The comparison cities population is significantly larger and they have so many more zoning categories than Fountain Hills. In response to Vice Chairman Schlossberg, Mr. Wesley replied that it is unknown what the future phases would entail. Commissioner Brunswig said that she was a little disturbed that the medical center is being called a hospital when it is not. She asked if it would be appropriate for this Planning and Zoning Commission Meeting of May 10, 2021 5 of 7 item to continue until there is a clear definition of a hospital. Chairman Gray explained that the hospital definition in the ordinance today is all encompassing, acute care, behavioral health and anything in-between. To Commissioner Brunswig's point just because something is marketed as a hospital doesn't mean it's a hospital. Discussion ensued regarding the broad hospital definition, by right use and special use permit with 24 hour operation. Chairman Gray suggested that the hospital subset definition needs detail in order to address behavioral health and detox. Chairman Gray opened the public hearing. Representatives from the hospital addressed the Commission. Cindy Golisch reported that the medical center served over 1,000 patients since opening last month. She said in regards to the discussion this evening, the doctors bought this land after having extensive discussions and assurances from the town that the land would be zoned C-2. The town also stressed that the land purchased must be bundled into one project, one parcel. Since receiving the Special Use Permit the second phase has been progressing rapidly. To date over$1,000,000 has been put into the second phase. Some were direct stipulations made by the neighbors. The project is moving full speed ahead in order to obtain an acute care license to official operate as a hospital which will provide a much needed surgical center. Ms. Golisch stated that since the FHMC already has approval from the Town Council this decision tonight in allowing new hospitals in a C-2 zoning does not apply to the Fountain Hills Medical Center. She thanked the Commission and invited them to the upcoming ribbon cutting ceremony. Dr. Scott Schleifer told the Commissioners that the Fountain Hills Medical Center will never become a detox or mental health hospital. It is an in-patient bed, operating room suite and heart catheter lab. He said that as one of the owners he would not let that happen. Richard Rutkowski M.D. said that if the FHMC is currently operating in compliance with the town ordinance what is the reason for ordinance 21-06?This is a solution in search of a problem. John Meredith said he lives next to a detox house. It is not a kind old lady trying to help people out. It is a real estate broker shamelessly leasing to a corporation.There are five to six people at the most eleven living there. When the sheriff's cars show up they are unable to serve a warrant because of the HIPPA law protection. He said there are a lot of these homes throughout Fountain Hills. Ed Tafoya said that he would like to see public meetings to accommodate more than thirty people. Ed Stizza said that he would like to see more clarification on details relating to the Planning and Zoning Commission Meeting of May 10, 2021 6 of 7 text amendments and ordinances. Jane Bell, a resident adjacent to the FHMC, asked the Commission to deny approving Ordinance 21-06. John Weimer said that it is very frustrating that a definition for a hospital cannot be decided. There are so many questions to be asked to decide whether it is a hospital facility or a medical center. Crystal Cavanaugh asked that the Commission strongly deny any of the suggested proposals. Larry Meyers said that he and the majority of the public hopes the Commission recommends denial. Chairman Gray closed the public hearing. In response to Commissioner Brunswig, Dr. Schleifer said there will be an application submitted for a hospital once the facility is complete. Approval cannot take place until the facility is finished. The approval process includes facility inspections. He said the Town's guidelines have been met and the next phase is moving forward. Commissioner Watts commented that the lack of detail in the ordinances and definitions is what is causing the issues. Chairman Gray said he thinks the definitions are somewhat antiquated. It is merited and warranted to examine the definitions. It is clear between the last few meetings where a resident shared what could happen under a detox and mental health scenarios.This could be very impactful not to get this right. The ordinances should aim to preserve the quality of life and aim to align with the General Plan. The effort that would go into revising this definition would be worthwhile. MOVED BY Chairman Peter Gray, SECONDED BY Commissioner Dan Kovacevic to CONTINUE Ordinance 21-06 amending the Chapter 12 of the Zoning Ordinance to provide for hospitals as a permitted use generally around marrying up the ordinance with a revision to the definition of the word hospital emphasizes on the umbrella of services under behavioral hospital to the Planning and Zoning Commission meeting scheduled July 12, 2021. Vote: 6 -0- Unanimously 10. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Commissioner Dempster expressed the need to review the basic requirements of sober living and assisted living accommodations. Mr. Wesley replied that most of the assisted and sober living accommodations are governed by the state but he would review the requirements. Chairman Gray and Vice Chairman Schlossberg also agreed and expressed interest in the requirements for sober living and assisted living accommodations for Planning and Zoning Commission Meeting of May 10, 2021 7 of 7 Fountain Hills. 11. SUMMARY OF COMMISSION REQUESTS from Development Services Director. Mr. Wesley said that he understands that the commission would like a report regarding group home regulations and how they relate to detox facilities. 12. REPORT from Development Services Director. Mr. Wesley said that there is a future Special Use Permit application for the next meeting. He suggested to cancel the June meeting and put the SUP along with other items on one agenda in July. 13. ADJOURNMENT The Regular Meeting of the Fountain Hills Planning and Zoning Commission held May 10, 2021, adjourned at 7:31 p.m. PLAN AND Z ING COMMISSION airman Peter Gray ATTESTED AND PREPARED • -CCUJO- 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 the 10th day of May, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 27th day of May 2021. _pauf2./L (AILY44 Paula Woodward, Executive Assistant