HomeMy WebLinkAboutPZ.2020.0608.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
JUNE 8, 2020
2. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Chairman Hansen called the meeting of the Fountain Hills Planning and Zoning
Commission of June 8, 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.
3. ROLL CALL
Present: Commissioner Susan Dempster (telephonically); Commissioner Clayton
Corey; Vice Chairman Peter Gray; Chairman Erik Hansen; Commissioner
Scott Schlossberg; Commissioner Dan Kovacevic
Staff Development Services Director John Wesley; Senior Planner Farhad
Present: Tavassoli; Executive Assistant Paula Woodward
4. CALL TO THE PUBLIC
None.
5. CONSIDERATION OF approving the meeting minutes of the Planning & Zoning Commission
May 11, 2020 & May 20, 2020.
MOVED BY Commissioner Dan Kovacevic, SECONDED BY Commissioner Clayton Corey to
approve the minutes of the Planning and Zoning Commission of May 11, 2020 and May 20,
2020.
Vote: 6 - 0 - Unanimously
6. CONSIDERATION OF a request for a Special Use Permit to allow operation of a hospital
between 11:00 pm and 7:00 am on an approximately 5.74 acre parcel generally located at
the northwest corner of N. Saguaro Boulevard and E. Trevino Drive (AKA 9700 N. Saguaro
Boulevard; APN# 176-10-811) in the C-1 Neighborhood Commercial and Professional Zoning
District. SU 2020-01
Chairman Hansen opened the public hearing.
Development Services Director John Wesley explained that the Special Use Permit
requested by the Fountain Hills Medical Center (hospital) was initially considered at the
May 11, 2020 Planning and Zoning Commission meeting. During the meeting, the
Commission tabled the item until July 2020. After the meeting, it came to staff's attention
Planning and Zoning Commission Meeting of June 8, 2020 2 of 9
that a meeting in July would delay the applicant's timeline and delay the Town Council
Public Hearing process. On May 20, 2020, a Special Planning and Zoning meeting was
held to move the applicant's SUP Public Hearing date for the Planning and Zoning
Commission to June 8, 2020 and the Town Council to June 16, 2020. Since the May
meetings, the applicant has made changes based on Staff and the Commission's request.
Mr. Wesley then gave a PowerPoint presentation (Exhibit A attached hereto and made
a part hereof), which addressed:
LOCATION MAP
CONTEXT
REQUEST
SUP REQUIREMENT
REVISED SITE PLAN
REVISED LANDSCAPING PLAN
REVISED ELEVATIONS
RENDERINGS
SITE WALLS
STAFF ANALYSIS— LIGHTING
PARKING LOT POLE LIGHTS
STAFF ANALYSIS— NOISE
PERIMETER WALL
COMMISSION OPTIONS
STAFF RECOMMENDATIONS
Mr. Wesley stated that the applicant is requesting the operational hours extend past what
is acceptable in a C-01 zoning district. The C- 1 zoning districts requires all businesses to
close by 11:00 p.m. and remain closed until 7:00 a.m. unless Town Council approves the
Special Use Permit to allow extended hours. Staff recommends approval of the SUP for
the hospital to be able to continue operations between 11:00 p.m. and 7: 00 a.m. with the
following stipulations:
1. Submission of a complete set of revised drawings showing the revised drive thru
ambulance bay, revised landscape plan, and all other conditions of approval.
2. Revising the May 18, 2020 site/landscape plan and submitting it as part of the complete
set of revised drawings for acceptance by the Development Services Director adding 6 - 9
screening trees (minimum 10' tall) to the site plan along the northern property line
adjacent to Lots 4 and 5 to provide additional screening.
3. Providing signage directing ambulances to exit to the left, around the back of the
building.
4. Modifying the site plan to show the location for a temporary generator.
5. Providing additional sound attenuation for the rooftop mechanical units if required to
meet the Town's noise ordinance.
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Planning and Zoning Commission Meeting of June 8,2020 3 of 9
6. The SUP is only tentatively approved for the phase II portion of the property. The
SUP will permanently approved for the remainder of the site by approval of the final site
plan for the entire property.
Cindy Golisch, Public Relations outreach for the hospital, addressed the commission. She
said that over a year ago, the doctors met with the members of the Fountain Hills
community to discuss the interest for a hospital at 9700 Saguaro Blvd. The response was
overwhelmingly positive. After the doctors were assured that the hospital would be able
to see patients between the hours of 11 p.m. and 7 a.m. they decided to move forward
with the project. During the last year, Fountain Hills Medical Center representatives have
met many times with the neighbors. The Fountain Hills Medical Group has been extremely
sensitive to mitigate the noise, light and traffic coming from the hospital. Since the
moment a small group of the closest neighbors learned about the hospital, they began a
very negative campaign throughout the community. A few have posted fifty negative
comments to social media sites. Dr. Ezeume counted over a hundred text messages that
he received from Rose Anouti. Ms. Anouti asked the doctors to put blinds on the
neighbors' homes and build a park between her home and the hospital. The hospital
representatives have been extremely open and transparent. There have been three
community town hall meetings. The hospital representatives have been working with
John Wesley and Town Staff over the last year making revision after revision. Because of
these meetings and further discussions with the neighbors, there have been a substantial
amount of changes made to the plans. Although this is a small hospital, it will make a huge
economic impact on the community. The hospital will provide over one hundred jobs,
purchase supplies and food in Fountain Hills, and support the community in numerous
ways. The doctors will be moving to Fountain Hills and will be your neighbors. They will
be paying taxes and raising their families in Fountain Hills. During the past week, a survey
was posted to the hospital website and on the Facebook Fountain Hills Connection in
order to get feedback from the community regarding the 11:00 p.m. to 7:00 a.m. hours.
The results were overwhelmingly positive. Ninety-three percent agreed to operate the
hospital twenty-four hours, seven days a week. Ms.Golisch said she hoped the
information was helpful and showed how the hospital has worked with the surrounding
neighbors. She said, this should not be an open-ended process and the construction
process must move forward. If the Special Use Permit cannot be obtained the hospital will
not be able to operate. It would be a huge loss to the community. Mr. Quintana will
explain the changes the hospital has made over the last few months.
Robert Quintana, Project Architect, told the Commission that since the last Commission
meeting, he was given the task to address neighbor concerns. Mr. Wesley has acted as
the liaison between the neighbors and the hospital to prevent disorganized thoughts and
conversations. Mr. Quintana said the following changes were made:
1. The hospital withdrew the application for a wall variance. The wall will be built as
required.
2. The ambulance entrance approach and departure were redesigned at an expense of
another$45,000 to the project. The design allows the ambulance to pull forward so there
is no need to back up. There will be a sign that reads "Ambulance Exit Only."
3. The canopy of the ambulance bay was extended as requested.
Planning and Zoning Commission Meeting of June 8,2020 4 of 9
4. Landscaping was revised. Additional trees were added between the neighbors and the
hospital to mitigate the light and noise.
5. A consultant was hired to conduct an acoustic/noise study (Exhibit B attached hereto
and made a part hereof). The results of the study showed the measured noise levels were
within in the code and below what is acceptable.
Mr. Quintana said that the combination of all the rooftop equipment, exhaust fans, and
generator running, along with two vehicle doors slamming and people talking, the decibel
count was 47.4. Fifty decibels is the limit. An earthquake would be the next worst-case
scenario. In relation to the generator location, Mr.Quintana provided an aerial image
(Exhibit C attached hereto and made a part hereof) showing its location.
Dr. Sandeep Yaralagadda addressed the commission and explained (Exhibit D attached
hereto and made a part hereof) why Fountain Hills was chosen as the location for the
hospital.
In response to Commissioner Schlossberg, Mr. Quintana said that no meetings were held
with the neighbors since the last Commission meeting. Mr. Quintana said that since the
hospital project team was bombarded day and night with comments and requests, John
Wesley has acted as the liaison between the neighbors and the hospital.
Vice Chairman Gray commented that the sound study is a cover sheet and a second page
that is doubled space type. He said the format was not familiar to him and there is no
methodology. Normally there would be cut sheets for the equipment and the percentage
of ramp up for the generator. The recommendation today is dependent on considering
this as factual or if it is challenged it becomes part of the record.
Mr. Quintana said he presented the paperwork from the engineer. If needed the engineer
can be available for the upcoming Town Council meeting and a more detailed analysis
given to staff.
Mr. Wesley said that the applicant has provided the sound study. The stipulation states
that adjustments would be required if the noise could not meet the limits in
the ordinance.
Vice Chairman Gray said that his fear is that assumptions are what brought the project to
the Commission today. He asked what happens when the project is further down the
road? He said he supports the hospital. Vice Chairman Gray referenced Section 2.02 D.
5. of the Zoning Ordinance: "the findings of the Commission must be that the
establishment, maintenance, or operation of the use or building applied for will not be
detrimental to the public health, safety, peace, comfort, and general welfare of persons
residing or working in the neighborhood of such proposed use. " He said this is what we
are here for tonight.
Jane Bell, Fountain Hills resident, addressed the Commission in regards to the vegetation
and traffic. At the May 19, 2019 Planning and Zoning Commission meeting, Pete Peters
a
Planning and Zoning Commission Meeting of June 8,2020 5 of 9
said that the area closest to the neighbors would be a park like setting. The neighbors
bought into to this but not enough is being done to fulfill his statement. The neighbors
requested that Trevino Drive widening be completed during Phase I. Ms. Bell said that the
twenty-four hours, seven days a week Special Use Permit be granted once all prevailing
issues are corrected before operations begin. She said the neighbors have always been
for the hospital and want it so they can live in peace with no sound and light as presented.
Rose Anouti, Fountain Hills resident, said allowing a twenty-four hours, seven days a
week Special Use Permit for the hospital as it is constructed and planned now only
exacerbates the base problems of noise and light. She said she disagreed with the lighting
choices, the architectural design, HVAC units and emergency generator. She said that
every issue she has brought up regarding the hospital are Town Ordinances and
requirements and there should be no compromise. She requested that the ordinances and
requirements be enforced regarding the C-1 use with no exceptions.
Larry Meyers, Fountain Hills resident, expressed deep concern that the promises made to
the neighbors are not being fulfilled. He said the project plans currently in place should
never have been allowed since they were redlined but ignored.
Commissioner Kovacevic asked if the SUP covers the entire site plan.
The applicant applied for an SUP for the entire 5.7 acres. The recommendation is a
tentative approval for Phase 2 until that site plan is reviewed and approved. The site plan
process is admistrative but that could depend on the stipulations.
At the request of Commissioner Schlossberg, Mr. Wesley reviewed the photos taken from
resident Rose Anouti's property line. Mr. Wesley explained that from where the photo
was taken, the wall would block the view of the hospital. As you move up toward the
house the elevation increases and the hospital property is visible.
Commissioner Kovacevic thanked the doctors and the architect for getting the sound
study. He asked that a more complete study be submitted for review before the approval
of the next phases.
Commissioner Corey asked about the bollard history.
Mr. Wesley said that the neighbors submitted a letter requesting that the bollards replace
the taller pole lights. Staff believes either one could work. It is up to the applicant to make
that change.
Commissioner Corey stated that this is the third time this SUP has come before the
Commission. He said that the applicant has done a good job mitigating the noise and
light. Some of the topics discussed are out of scope of the SUP approval. He said that he
would like to see the discussion remain on the topic of the 24/7 operation.
Vice Chairman Gray said that the bollard lighting seems to be of extreme interest to the
neighbors. Is that something that is amenable?
Planning and Zoning Commission Meeting of June 8, 2020 6 of 9
Mr. Quintana replied that they are amenable as long as the lighting is safe.
Chairman Hansen asked about the future phasing plans and the approval process.
Mr. Wesley replied, the future phases are not part of the Special Use Permit approval
tonight. Those plans are included in the packet as informational only.
Commissioner Dempster commented that she is supportive on moving forward with the
hospital. She said she appreciated the adjustments they made to accommodate the many
requests.
Chairman Hansen closed the public hearing.
MOVED BY Vice Chairman Peter Gray, SECONDED BY Commissioner Dan Kovacevic to
forward a recommendation of approval to the Town Council for Special Use Permit for the
hospital proposed at 9700 N. Saguaro Boulevard allowing operation of the facility between
11:00 p.m. and 7:00 a.m. subject to the following conditions: Based on their review, the
Commission recommends approval of the SUP subject to the following conditions:
1. Submission of a complete set of revised drawings showing the revised drive thru
ambulance bay, revised landscape plan, and all other conditions of approval.
2. Revising the May 18, 2020 site/landscape plan and submitting it as part of the complete
set of revised drawings for acceptance by the Development Services Director adding 6 - 9
screening trees (minimum 10' tall) to the site plan along the northern property line adjacent
to Lots 4 and 5 to provide additional screening.
3. Providing signage directing ambulances to exit to the left around the back of the building.
4. Modifying the site plan to show the location for a temporary generator.
5. Providing additional sound attenuation for the rooftop mechanical units if required to
meet the Town's noise ordinance.
6. Removing Sheet C-4, GD Plan, from the set of drawing submitted with the SUP
application.
7. Approval is for Phase 1 only. All future phases require review following the Planning and
Zoning and Town Council review process.
8 Changing the parking lot lighting from the 15' pole lights to bollard lighting.
9. Applicant to provide further review of the sound study and rooftop screening,
particularly views from Burkemo and the northern residences prior to going to Town
Council. The wall conflict between the Anouti residence and the applicant should be
resolved and brought to the Town Council for consideration.
Planning and Zoning Commission Meeting of June 8, 2020 7 of 9
Vote: 6 - 0- Unanimously
7. 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.
Farhad Tavassoli, Senior Planner gave a PowerPoint presentation (Exhibit D attached
hereto and made a part 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 currently an indoor mini-storage facility would not be allowed
in a C-2 zoning district. The C-2 zoning districts allow a range of small to medium—scale
commercial activities such as furniture stores, hotels, motels, and restaurants and some
commercial recreation and cultural facilities. It also allows services that may be large-scale
and have a greater impact such as car washes, vehicle repair shops, and trade schools.
There are limits to uses allowed in the C-2 zoning and they would require an approval of a
SUP by Council. Examples would be fuel dispensing stations, convenience stores,
nurseries, and outdoor automobile sales. Mr.Tavassoli said that indoor mini-storage
facilities are allowed by right in the C-3 general commercial and industrial zoning districts.
Mr.Tavassoli said that residential development continues to fuel the need for
climate-controlled indoor storage facilities. Storage facilities are desirable to be in close
proximity to renters and in easily accessible locations. These facilities are intended to
cater to a smaller market. Their appearance is more polished and aesthetically pleasing.
Permitting an indoor mini storage with a SUP, versus a rezone, allows for availability of
more property inventory. The only concern staff has with the proposed ordinance is the
impact on the Town Center area. Since this use would only be by SUP, it allows control of
the use and when it would occur. Staff recommends approval of the Ordinance 20-10.
Vice-Chairman Gray asked about the downtown overlay district.
Mr. Wesley replied that the downtown overlay district was removed in 1993.
Development Services is in the process of reestablishing the overlay. The text amendment
will appear before the commission in the near future. The previous overlay did not have
limits.
Vice Chairman Gray expressed concern that an example could not be found in another
municipality's downtown area and that the SUP is not very prescriptive in a downtown
area. He suggested that if the overlay were present, it would be easier to define.
Vice-Chairman Gray suggested that he would like to see the overlay text amendment
before approving this amendment.
Planning and Zoning Commission Meeting of June 8, 2020 8 of 9
Mr. Wesley said that the action tonight is to recommend approval to Council for their
consideration to approve the text amendment or return it to staff for further work. It
would not appear on the Council's agenda until August 24, 2020.
Chairman Hansen closed the public meeting.
MOVED BY Vice Chairman Peter Gray, SECONDED BY Commissioner Dan Kovacevic to
TABLE Agenda Item #6 to a future date for staff to provide further details and to bring back
to the Commission at the same time the downtown district overlay text amendment and
the Avenues language to include minimal impact to the downtown districts.
Vote: 6 - 0 - Unanimously
8. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
Commissioner Kovacevic commented that he would like to see noise studies as
a requirement for projects, especially those adjacent to residential areas.
9. SUMMARY OF COMMISSION REQUESTS from Development Services Director.
Mr. Wesley confirmed that Mr. Kovacevic's suggestion was a good idea that noise and
light studies would be a requirement for projects. He said most applicants provide studies
in regards to large commercial projects.
10. REPORT from Development Services Director.
Mr. Wesley said that there are no new applications. There are a few text amendments for
the Commission to review. He asked the Commission if they would like to meet in July to
review the text amendments or would the Commission like to meet in August. The
Commission discussed amongst themselves. All Commissioners except Commissioner
Dempster confirmed they were available for the July meeting.
11. ADJOURNMENT
The Regular Meeting of the Fountain Hills Planning and Zoning Commission held June 8,
2020, adjourned at 8:03 p.m.
Planning and Zoning Commission Meeting of June 8, 2020 9 of 9
PLANNING AND ZONING COMMISSION
Erik Hansen, Chairman
ATTEST AND PREPAREDOnatoio
BY:
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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 8th day of June, 2020. I further certify that the meeting was duly called and that a
quorum was present.
Dated this 11th day of June, 2020.
1) (A) 7 t1
Paula Woodward, Executive Assistant