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HomeMy WebLinkAboutPZ.2020.0511.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION MAY 11, 2020 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE —Chairman Hansen Chairman Hansen called the meeting of the Fountain Hills Planning and Zoning Commission of May 11, 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—Chairman Hansen Present: Chairman Erik Hansen; Vice Chairman Peter Gray; Commissioner Clayton Corey (telephonically); Commissioner Susan Dempster; Commissioner Dan Kovacevic (telephonically); Commissioner Scott Schlossberg Staff John Wesley , Development Services Director; Paula Woodward , Paula Present: Woodward 3. CONSIDERATION OF approving the meeting minutes of the Planning & Zoning Commission May 4, 2020. Moved by Vice Chairman Peter Gray, seconded by Commissioner Scott Schlossberg to approve the minutes of the Planning and Zoning Commission of May 11, 2020. Vote: 6 - 0 - Unanimously 4. HOLD A PUBLIC HEARING AND CONSIDER Ordinance 20-09 amending Zoning Ordinance Section 19.05 I., Public Art Requirements, to change the requirements to comply with the Town of Fountain Hills Public Art Master Plan. Chairman Hansen opened the public hearing. Mr. Wesley explained that the Town Council approved a Fountain Hills Public Art Master Plan on March 3, 2020. The plan reviews the history of the program, sets the goals and criteria for future donations. Section VI, of the Plan establishes new fee amounts and the criteria for meeting the public art requirement associated with development. Since the plan establishes the funding and the associated procedures for implementation of the requirement, the current language in the Zoning Ordinance is no longer needed. The text amendment removes the current requirements and references to the approved resolution. Mr. Wesley concluded that staff recommends approval of Ordinance 20-09. In response to Commissioner Kovacevic, Mr.Welsey confirmed that a developer can provide art or make a donation. Commissioner Kovacevic asked if there is a public notice process when the art is Planning and Zoning Commission Meeting of May 11, 2020 2 of 9 decommissioned. He referenced auctions and how public notices are used to get as many bidders as possible. Ms. Goodwin replied that the decommissioning process would be handled very delicately. If there were a piece being considered for decommissioning, the art committee would be the first in the process followed by Council approval. The public would have an opportunity to make comments during the council process. There is no requirement for a formal public notice. The town would work with the donor and/or the artist to ensure they have the first opportunity to repossess the art, place it in a different location, or on private display. It would depend on whether the piece was valuable and not deteriorated. Commissioner Kovacevic asked about the history of the art inventory. Ms. Goodwin said that is a great question. The Community Services Department is in the process of assembling and maintaining those records. It has been a very long process. The Public Art Committee is not part of the town. It is a separate body under the Fountain Hills Civic and Cultural Association. Although the art is donated to the town who retains ownership, the acquisition and obtaining the art was done outside of the town. Staff is working on organizing and digitizing files. Chairman Hansen closed the public hearing. Moved by Commissioner Susan Dempster, seconded by Commissioner Scott Schlossberg to approve Ordinance 20-09. Vote: 6 - 0 - Unanimously 5. CONSIDERATION OF a request for a Special Use Permit to allow operation of a hospital between 11 pm and 7 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. Mr. Wesley gave a PowerPoint presentation (attached hereto and made a part hereof) which addressed: LOCATION MAP CONTEXT REQUEST SUP REQUIREMENT APPROVED SITE PLAN PARTIAL DRAINAGE PLAN LANDSCAPE PLAN ELEVATIONS RENDERINGS SITE WALLS Planning and Zoning Commission Meeting of May 11, 2020 3 of 9 STAFF ANALYSIS - LIGHTING PARKING LOT POLE LIGHTS STAFF ANALYSIS - NOISE COMMISSION OPTIONS STAFF RECOMMENDATIONS Mr. Wesley reminded the Commission a year ago the Commission heard the request to rezone this property from a C-1 to a C-2 district. At the Town Council's public hearing it was determined the hospital could be classified as a C-1 use with a Special Use Permit to allow for extended business hours. C-1 zoning requires all businesses to close by 11:00 p.m. and remain closed until 7:00 a.m. unless the operator has a Special Use Permit. He also mentioned that the applicant has submitted a Variance request to the Board of Adjustment to remove portions of the wall and replace them with landscaping. Mr. Wesley reminded the Commission that in order to recommend approval of any use permit, the findings of the Commission must be that the operation of the use or building not be detrimental to the persons residing or working in the neighborhood. He referenced the Zoning Ordinance 2.02: "It is the intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses." He said if the hospital was to remain open at night, the major impacts for to the neighborhood would be lighting and noise. He said that the exterior lighting needs to meet the dark sky requirements for lumens and color temperature as well as footcandle light requirements. Mr. Wesley said that staff believes there is additional work that should be done in regards to landscaping, the signage on the building and the lighting on the building. Moving trees or adding trees could shield the neighborhood from some lighting. In terms of noise, there will be parking lot noise that will occur at night. The proposed wall will help mitigate the parking lot noise. An issue came up regarding the potential noise from the rooftop mechanical units. The mechanical units would be concealed by screens. The concern regarding the ambulance activity and noise would be resolved by turning the sirens off prior to entering the facility. The ambulance back up beeper would not be used very often. One of the solutions discussed was to build the area so that it becomes a drive through. The ambulance would drive up, unload, and continue driving forward. There would be no need to back up. This would create a loss of three parking spaces but staff thinks that three spaces could be picked up elsewhere. In conclusion Mr. Wesley said that the commissions options would be to approve as submitted, approve with conditions to address site needs, continue or deny. Staff is recommending approval subject to a revised site plan to make adjustments to signage and landscaping to better screen adjacent residents from the lighting. The applicant submitted the Special Use Permit request for the entire site. The permit would include tentative approval of the Special Use Permit for Phase II pending approval of the site plan to address impacts of the use. Mr. Quintana, Project Architect, told the commission that Mr. Wesley did a great job explaining the project and how the applicant is mitigating the sound and light issues. He asked the Commission if they had any questions. Commissioner Schlossberg asked if the applicant has met with the neighbors and how many times. Planning and Zoning Commission Meeting of May 11, 2020 4 of 9 Mr. Quintana replied that they did meet with the neighbors but did not have the exact amount of times. He said the last meeting with the neighbors he attended was at the Community Center. In response to Commissioner Dempster, Mr. Quintana replied that there are two separate walls planned on the property. One along the northern property line and one along the drive. There is a meeting scheduled to walk the property with Planning to work together toward a solution to satisfy any site or sound concerns. Mr. Wesley explained that the approved building permit is for a wall covering the entire distance. The code requirement is for an eight-foot wall. They have applied for a variance to the wall requirement. The variance hearing is scheduled for May 21, 2020, before the Board of Adjustment. Commissioner Dempster asked about the current vegetation plans, particularly the Saguaros. She said it is critical for the noise and site to have dense vegetation and the walls to separate the hospital from the residential. Mr. Quintana said that they will be revegetated to their original location or nearby location. The intent is to use new vegetation along with existing to increase density along the property lines. Planning is working with them to determine the limit. Vice Chairman Gray said that a year ago the Commission approved a very rough site plan. He said looking at the packet today he felt mislead regarding the elevations. The pitched parapet exposes the fourteen condenser units toward the residential neighborhood. He expressed concern regarding the amount of noise and the lots that would be affected the most. He pointed out the emergency generator is not designated on the plan. The concern with the generator is the amount of noise created when complying with mandatory testing throughout the year. He inquired about the sight line of the rooftop stack that is used in conjunction with isolation rooms. None of that information is on the plans. He also pointed out that the site plans this evening show the ingress and egress off Burkemo Drive for the two-story medical office building. The meeting minutes from a previous meeting reflect that all driveways would be on Trevino. Mr. Wesley said that the future Phase II site plan showing the new ingress/egress location has not been submitted. He said he has expressed to the applicant his concerns about a commercial drive off a residential street. Hopefully when they get into the depths of designing, there will be a way to meet the circulation needs on the sight. Vice Chairman Gray said that this is relevant tonight since eventually the SUP will apply to the entire sight in the future. On another note Vice Chairman Gray mentioned that at the neighborhood meeting attendees were told that the Trevino Drive extension would take place up to Burkemo Drive. It seems now the site plan does not reflect the Trevino Drive extension to Burkemo Drive. Mr. Wesley replied that it is a Town code requirement that they widen Trevino as the site develops all the way up to Burkemo Drive. Planning and Zoning Commission Meeting of May 11, 2020 5 of 9 Vice Chairman Gray asked about how successful the neighborhood meetings were. Mr. Wesley said that it seems from the meeting feedback that there were some challenges. Vice Chairman Gray commented that he wanted to make one more statement. He believes that the Commission needs to be really sensitive to the residences when considering the Special Use Permit. Their request should be taken into consideration. Commissioner Kovacevic confirmed that the Town has a noise ordinance. He asked if a noise study was conducted. He wanted to know how far the ambulance entry was in relation to the nearest residence. Mr. Wesley replied that a noise study was not conducted. The nearest residence from the ambulance bay is 200 feet away, Commissioner Corey asked what is the anticipated ambulance visits between 11 p.m. and 7 p.m. Mr. Quintana replied that in a thirty-day period, it would be no less than one ambulance visit per night. The general anticipated overnight traffic would be ten visits. Most of those would be by private vehicle. Chairman Hansen asked at what point would a noise study be conducted and what could happen if the threshold exceeds what is acceptable. Mr. Quintana said that a noise study can be arranged as soon as possible. If there were issues, the hospital would work with the Town and Mr. Wesley to mitigate. Chairman Hansen asked why one of the HVAC units was not screened. Mr. Quintana said it is at a higher location curb and not visible. The following residences spoke in opposition of approving the Special Use Permit as is: Jane Bell, Rose Anouti, Ed Stizza, Larry Meyers and Bob Strasser. Betsy LaVoie spoke in favor of approving the Special Use Permit. Commissioner Corey asked how frequent the noise would be from the ambulance back up beeper. Mr. Wesley said that backing up would only take place if there is inclement weather. He said through his conversation with the Fire Chief, Dave Ott, that the ambulance would park on the drive aisle and unload the patient. Commissioner Schlossberg asked what is the cost of extending the overhead coverage for the ambulance bay. Mr. Quintana said that there is a minimum five-foot coverage. The overhead could be Planning and Zoning Commission Meeting of May 11, 2020 6 of 9 extended but not sure what that would achieve. The plans can be changed to allow for a drive through for the ambulance. In response to Vice Chairman Gray, Mr. Quintana explained that a temporary generator would be used. The generator would be delivered from an offsite supplier. The testing for the generator would be performed off site except when they check for activation. Chairman Hansen closed the public hearing. Vice Chairman Gray asked that before he makes a motion that the applicant continue to work with the residents. He said he would like the following components to be considered and re-proposed: No Special Use Permit beyond Phase I. If there is an on site generator, it would be required to have a silencer. Lighting reduction at night by motion sensor or reduced lumens. Revised ambulance bay. Neighborhood meeting to discuss and agree on landscaping, especially the two parcels directly behind the property. Moved by Vice Chairman Peter Gray, seconded by Commissioner Scott Schlossberg to CONTINUE a request for a SPECIAL USE PERMIT, SU 2020-01, to the Planning and Zoning Commission meeting, July 6, 2020. Vote: 5 - 1 NAY: Commissioner Dan Kovacevic (telephonically) 6. HOLD A PUBLIC HEARING AND CONSIDER repealing the existing Zoning Ordinance Chapter 6, Signs, and replacing it with a new Chapter 6, Signs, and amending portions of Section 1.12, Definitions, removing definitions for signs. Chairman Hansen opened the public hearing. Mr. Wesley explained to the Commission that the Sign Ordinance contains regulations that are based on content. In 2015, the Supreme Court in a case known as Reed v. Town of Gilbert ruled that sign ordinances could not regulate signs based on content. Therefore, an update to the sign ordinance is necessary. Staff looked to other cities who had completed their updates and held meetings with stakeholders for their input on the current ordinance. Mr. Wesley outlined the changes as listed in the staff report. He told the Commission that not making the changes puts the Town at some risk for legal action. He said the Commission has two choices: to approve the ordinance with modifications, or to continue to a later date. Staff recommends approval of the new sign ordinance, especially how it relates to the dark sky ordinance. Chairman Hansen asked if there were any speaker cards. Ms. Woodward said there were three speaker cards. The two cards submitted electronically were read by Ms. Woodward. James Hill, Fountain Hills resident, wrote, "Political signs posted along our streets detract Planning and Zoning Commission Meeting of May 11, 2020 7 of 9 from the aesthetics of our community and should not be allowed. There are numerous other options, which I believe are more effective, for political entities to get their message out without using this "shotgun" approach of blanketing the town with signs to see how many voters they can reach." Teresa Hill, Fountain Hills resident, wrote, "I support a change in regulations to prohibit political signs being placed in Fountain Hills. The current abundance of signs ruins the upscale beauty of our town. Thank you." Ted Blank, Fountain Hills resident, member of the Dark Sky Association and Co-founder of the Fountain Hills Astronomy Club told the Commission he is a great supporter of businesses in town. He said the proposed change closes a loophole in the ordinance that would have allowed lighted billboards/electronic message centers to be on from sundown to 10 p.m. During the winter, the signs would be on at daylight brightness after sundown for as long as four hours or more. The proposal recommends that signs be reduced in brightness to a level that is recommended by the Dark Sky Association and the IESNA (Illuminating Engineering Society of North America). The recommendation is forty nits luminance level for an electronic center in a small town area. The regulation would require the reduction of sign brightness from sunset until 10 p.m. If the business is open past 10 p.m., the sign would be allowed to be on until half an hour past closing. Electronic message centers need special regulations since it is not possible to shield their horizontal lights. Mr. Wesley said that this regulation applies only to electronic message centers. The high school sign is exempt because they are part of the Fountain Hills School District. School districts are exempt from zoning regulations. Commission Dempster asked about temporary signs except post and board sign. Mr. Wesley said that a post and board sign are allowed. Open house signs remain the same as before. Open house signs are measured from the curb not the right of way. Vice-Chairman Gray asked about amending the language to add a tether to balloons and flag height and length. Mr. Wesley said the current code is that the balloon cannot be no more than six feet from the ground. The flagpole is limited to the height by the zoning district. Chairman Hansen closed the public hearing. Moved by Commissioner Clayton Corey (telephonically), seconded by Commissioner Susan Dempster to forward a recommendation to the Town Council to approve the new sign ordinance and the changes to Section 1.12 of the Zoning Ordinance to remove sign definitions. Vote: 6 - 0- Unanimously 7. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Planning and Zoning Commission Meeting of May 11, 2020 8 of 9 Vice Chairman Gray mentioned past conversations regarding a Chairman's report. Chairman Hansen confirmed that he could spearhead the report and would follow up with Vice Chairman Gray. 8. SUMMARY OF COMMISSION REQUESTS from Development Services Director. None. 9. REPORT from Development Services Director. Mr. Wesley thanked the Commission for taking action last week on the General Plan. The General Plan is on next week's Town Council agenda. There are no cases for the June Planning and Zoning Commission meeting however there are text amendments in the works. There is a text amendment for the mini storage in the downtown area and Chapter 26 of the Zoning Ordinance. Based on today's continuance the Commission will meet in July. 10. ADJOURNMENT The Regular Meeting of the Planning and Zoning Commission held May 11, 2020, adjourned at 8:00 p.m. TOWN OF FOUNTAIN HILLS (47 Erik Hansen, Chairman ATTEST AND PREPARED BY: Wa-StaA,J 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 & Zoning Commission of Fountain Hills in the Town Hall Council Chambers on the 11th day of May, 2020. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of May, 2020. itatcde Paula Woodward, Executive Assistant Planning and Zoning Commission Meeting of May 11, 2020 9 of 9