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HomeMy WebLinkAboutPZ.2020.0713.Minutes t • I TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION J U LY 13, 2020 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Chairman Hansen called the meeting of the Fountain Hills Planning and Zoning Commission of July 13, 2020, to order at 6:00 p.m. and led the Commission and staff members in the Pledge of Allegiance and a Moment of Silence. 2. ROLL CALL Present: Commissioner Clayton Corey; Chairman Erik Hansen; Commissioner Scott Schlossberg; Commissioner Dan Kovacevic Absent: Commissioner Susan Dempster; Vice Chairman Peter Gray Staff John Wesley , Development Services Director; Farhad Tavassoli , Senior Present: Planner; Paula Woodward, Executive Assistant 3. CALL TO THE PUBLIC None. 4. CONSIDERATION OF approving the meeting minutes of the Planning and Zoning Commission June 8, 2020. MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Dan Kovacevic to approve the meeting minutes of the Planning and Zoning Commission June 8, 2020. Vote: 4 - 0 - Unanimously 5. HOLD A PUBLIC HEARING AND CONSIDER amending the Zoning Ordinance adding a new Chapter 26, Planned Shopping Plaza Overlay. Chairman Hansen opened the public hearing. Mr. Wesley gave a PowerPoint presentation (Exhibit A attached hereto and made a part hereof), which addressed: BACKGROUND PROPOSED NEW CHAPTER 26 FURTHER CONSIDERATION COMMISSION OPTIONS Mr. Wesley said that this is an opportunity to add another Chapter (26) to the Zoning Ordinance. During the Town's incorporation, the Maricopa County ordinance were used with some minor changes. The downtown area was developed as an urban core area. Most of the Planning and Zoning Commission Meeting of July 13,2020 2 of 7 area was and is a C-2 zone. The other area, Plat 208 was developed by the County prior to incorporation. It was platted with common parking areas so individual lots would not need to provide on-site parking. The C-2 zoning requires individual properties to provide their own parking and meet set-back and lot coverage requirements. Variances were approved for the Plat 208 area to allow zero lot line buildings and common parking areas. As time passed and development continued, the Town decided they did not want to continue with the issuance of variances. To allow the continuance of development in Plat 208 the town created and approved a zoning overlay district called the Planned Shopping Plaza Overlay District in 1992. This allowed lots 10,800 or smaller to have 100% lot coverage and not provide parking. Lots larger than the 10,800 square feet were allowed to have 60% lot coverage and provide their own parking. The Town adopted a zoning ordinance specific for the Town in 1993. The 1993 ordinance did not include the Planned Shopping Plaza Overlay zoning designation and is not included in the zoning ordinance today. In 1998 the Town approved an ordinance which amended the 1992 Planned Shopping Overlay district. The amendment did bring some of the overlay district in line with the Town's 1992 zoning ordinance. The effect of the 1992 ordinance is unclear since it was not placed in the zoning ordinance. Mr. Wesley concluded that the Town has continued to rely on the provisions of the overlay ordinance for development in this area. It has now come to the Town's attention that it cannot rely on an ordinance that is no longer in effect. The proposed text amendment would re-establish the overlay district by adding it to the zoning ordinance as Chapter 26. The new ordinance would fit the structure of the current zoning ordinance. He said that staff recommends approval with resolution on the following items: Reduce or eliminating the parking requirements for the lots over10,800 square-feet. Allowing more than 60% lot coverage on the lots over 10,800 square-feet. Mr. Wesley suggested that the Commission may want to review this agenda and the next agenda item requesting a Special Use Permit in the downtown C-2 zone, before making decisions. Chairman Hansen agreed and Mr. Wesley reviewed the current Chapter 26 and the proposed changes to Chapter 26. Mr. Wesley explained what would be allowed in a C-2 and C-3 zoning with a Special Use Permit. The indoor mini-storage would be allowed in a C-2 with a Special Use Permit. The indoor mini-storage would not be allowed in the overlay district. Commissioner Schlossberg asked if they have an owner's association. Mr. Wesley replied that from the inception of the downtown district with the common parking area that serves all the uses, there is a separate track that controls and maintains the common parking area. It is similar to a property owners association. Commissioner Kovacevic asked about a parking study. He asked, what is the number of lots that are over the 10,800 square feet and what is the total amount of square footage combined? Planning and Zoning Commission Meeting of July 13,2020 3 of 7 Mr. Wesley replied that the whole area was laid out and designed for three-story buildings. The parking was created to accommodate three-story buildings. Mr. Wesley said that he did not have an exact number of the larger lots but there is only one 10,800 that has not been developed. In response to Commissioner Kovacevic, Wesley said that any place within a C-2 zoning could apply for a special use permit to allow any of the uses listed under 12.05. Once the code is amended for the mini-storage, a SUP could be used for a mini-storage in a C-2 zoning. Commissioners Corey asked is there a statement in the area that there is more or less parking. Mr. Wesley said the belief is that there is plenty of parking. The parking was created based on the three-story buildings. Most buildings in that area are one to two-story. More parking would be required for any lots over 10,800 square-foot lot. Commissioner Kovacevic said that he never has a hard time finding parking downtown. The town will grow into what it was designed. He said he would hate to see it run short of parking. He would like to know exactly the amount of parking, how much square footage per building and their parking use. Commissioner Corey said he did not have concerns about the parking. Chairman Hansen said that the parking concerns can be a continued conversation. Chairman Hansen closed the public hearing. MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Dan Kovacevic to forward a recommendation to the Town Council to approve amending the zoning ordinance adding a new Chapter 26, Planned Shopping Plaza Overlay as submitted and recommended by staff with two modifications: 1. Amend section 26.02 to allow the (climate control mini-storage) opportunity to apply for a Special Use Permit 2. Remove the limitations of the 60% lot coverage on the lots over 10,800 square-feet. Vote: 4 - 0 - Unanimously 6. HOLD A PUBLIC HEARING AND CONSIDER Ordinance 20-10 amending Chapter 12, Commercial Zoning Districts, by adding a new provision to Section 12.05, to allow indoor mini-storage in the C-2 zoning district under the condition of a Special Use Permit. Chairman Hansen opened the public hearing. Senior Planner, Farhad Tavassoli said that this item was continued from the Jun 8, 2020 meeting to allow the Commission to hear the proposed Planned Shopping Plaza Overlay District for Plat 208, which allows for a Special Use Permit for this area of the Town before taking action. Mr. Tavassoli gave a PowerPoint presentation (Exhibit B attached hereto and made a part Planning and Zoning Commission Meeting of July 13,2020 4 of 7 hereof), which addressed: REQUEST C-2 ZONING DISTRICT(INTERMEDIATE COMMERCIAL): DESCRIPTION OF INDOOR MINI-STORAGE FACILITIES INDOOR MINI-STORAGE IN NEIGHBORING JURISDICTIONS ANALYSIS AND STAFF RECOMMENDATIONS Mr.Tavassoli explained that the proposed text amendment to allow indoor mini-storage in C-2 with a Special Use Permit is staff initiated but in response to the Commission's direction to amend the zoning ordinance. Currently mini-storages are allowed in the C-3 zoning and all industrial districts. The C-2 zoning district (Intermediate Commercial) is for the sale of goods and service to clientele beyond the immediate neighborhood. It is designed for application at major intersections and maintain compatibility with adjacent uses. The Town may grant a SUP for certain uses. Indoor mini-storage's are becoming more and more popular. They are designed for storage of personal property in modestly-sized units that are climate-controlled. The buildings are secure, well lit and polished in appearance. Mr. Tavassoli said that in drafting the proposed text amendment, sixteen other jurisdictions were reviewed. Thirteen jurisdictions allowed the indoor mini-storage as matter of right in certain districts and additional districts with Special Use Permit. Three jurisdictions ( Cave Creek, Queen Creek and Goodyear) required SUP regardless of the zoning. None of the jurisdictions allowed storage of any kind in its town/city center overlay districts. In conclusion Mr. Tavassoli said that the text amendment addresses the demand for indoor mini-storage facilities within close proximity and expands inventory of potential sites, the text amendment encourages detailed analysis of factors such as traffic impact, appearance, noise and business hours. Staff recommends approval of the amendment. Commissioner Schlossberg commented that he remembers the rendering from a previous meeting as an aesthetically pleasing building. The appearance of the building would be an improvement to some existing buildings in the area. He agreed with the location and that there is a need for storage. Commissioner Corey agreed with Commissioner Schlossberg. Commissioner Kovacevic asked if the drive thru issue mentioned at a previous meeting was resolved. The suggestion was that a car could pull thru the storage facility and close a garage door behind them to unload cargo in privacy. Mr. Wesley said that the applicant is aware of the drive-thru component and are working to address that. Mr. Wesley told the Commission that if there is a desire amongst them to leave the door open for the possibility for a mini-storage at that location (staff recommended against it previously) the ordinance(s) would need to be amended. One would be to allow a climate control indoor self-storage facility by right in the C-2 district or put it in section 12.02.0 instead of 12.05. so, no SUP is required OR in Chapter 26 open it to all the Special Use Permits in the C-2 district OR a mini-storage is permitted in 12.05 but nothing else. Planning and Zoning Commission Meeting of July 13,2020 5 of 7 In response to Commissioner Kovacevic Mr. Wesley replied that if a Special Use Permit is required a site plan would be presented to the Commission for their review. Chairman Hansen closed the public hearing. Chairman Hansen asked for a motion for item #5 regarding the addition of Chapter 26, Planned Shopping Plaza Overlay. Mr. Wesley said that the Commission has a few options regarding action. They can approve as submitted, approve with modifications, continue or deny adding the new Chapter 26, Planned Shopping Plaza Overlay. MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Scott Schlossberg to forward a recommendation to the Town Council to approve Ordinance 20-10 amending Chapter 12, Commercial Zoning Districts, by adding a new provision to Section 12.05, to allow indoor mini-storage in the C-2 zoning district under the condition of a Special Use Permit. Vote: 4 - 0 - Unanimously 7. HOLD A PUBLIC HEARING AND CONSIDER amending the Town of Fountain Hills Zoning Ordinance, Section 1.12 by changing the definition of dwelling unit, Section 5.06 G regarding large accessory structures, and Section 10.02 A. 13. regarding guest houses. Mr. Wesley gave a PowerPoint presentation (Exhibit C attached hereto and made a part hereof), which addressed: BACKGROUND PROPOSED AMENDMENTS-DWELLING UNIT PROPOSED AMENDMENTS-GUEST HOUSE PROPOSED AMENDMENTS-LARGE ACCESSORY BUILDINGS OPTIONS Mr. Wesley said that the current code needs to be amended to ensure that by allowing kitchens in guest houses do not result in the creation of duplexes—two homes on one lot. The current zoning ordinance includes definitions of dwelling units and guest houses and regulations for large accessory buildings. The combination of the regulations is not clear and can be confusing. Staff has taken this opportunity to review all of these areas and propose a set of text changes to simplify and clarify the regulations. Mr. Wesley said staff researched how other municipalities handled accessory dwelling units and guest houses. The majority had ordinances with provisions for these types of uses. Mr. Wesley said that staff supports and recommends the changes. Commissioner Corey said that this reads well and is very clear. Chairman Hansen asked if code enforcement has received any complaints regarding incognito creations of duplexes. Mr. Wesley replied that there are some issues that have come by the building permitting Planning and Zoning Commission Meeting of July 13,2020 6 of 7 side but have been easily resolved. Chairman Hansen closed the public hearing. MOVED BY Commissioner Scott Schlossberg, SECONDED BY Commissioner Clayton Corey to forward a recommendation to the Town Council to approve amending the Town of Fountain Hills Zoning Ordinance, Section 1.12 by changing the definition of dwelling unit, Section 5.06 G regarding large accessory structures, and Section 10.02 A.13.regarding guest houses. Vote: 4 -0- Unanimously 8. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Commissioner Kovacevic said he would like to know how over parked is Plat 208. 9. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 10. REPORT from Development Services Director. Mr. Wesley said that the August meeting is cancelled due to COVID. Staff is currently working on some more text amendments to present to the Commission in September. 11. ADJOURNMENT The Regular Meeting of the Fountain Hills Planning and Zoning Commission held July 13, 2020, adjourned at 7:31 p.m. PLANNING AND ZONING COMMISSION Erik Hansen, Chairman ATTEST AND PREPAREDN ``BY: Pakkal — 44F7,0 Paula Woodward, Executive Assistant CERTIFICATION I herby certify that the forgoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Planning and Zoning Commission of Fountain Hills in the Town Hall Council Chambers on the 13th day of July, 2020. I further certify that the meeting was duly called and that a quorum was present. Dated this 8th day of September, 2020. Planning and Zoning Commission Meeting of July 13,2020 7 of 7 \26(kill OM( 1/36Ua Paula Woodward, Executive Assistant • NW