HomeMy WebLinkAboutPZ.2020.0123.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
JANUARY 23, 2020
1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE — Chairman
Hansen
2. ROLL CALL —Chairman Hansen
Present: Chairman Erik Hansen; Commissioner Mathew Boik; Commissioner Clayton
Corey; Commissioner Susan Dempster; Commissioner Dan Kovacevic;
Commissioner Scott Schlossberg
Absent: Vice Chairman Peter Gray
Staff Development Services Director John Wesley; Executive Assistant Paula
Present: Woodward
3. CALL TO THE PUBLIC
None.
4. CONSIDERATION OF approving the Planning and Zoning Commission regular meeting
minutes from December 12, 2019.
MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Susan Dempster, to
approve the Planning and Zoning Commission regular meeting minutes dated December 12,
2019
Vote: 6 - 0 - Unanimously
5. CONSIDERATION OF Ordinance 20-03 amending Chapter 12, Commercial Zoning Districts,
by adding a new provision to Section 12.02 B., to allow indoor vehicle sales and rentals in the
C-1 zoning district.
Chairman Hansen opened the public hearing at 6:02 p.m.
Mr. Wesley reviewed the application request for a text amendment to the Fountain Hills
Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.02 B, adding a new
subsection (12.02 B.4.) allowing new and used vehicle sales in the C-1 zoning district and
establishing criteria for the use.
Mr. Wesley explained that staff met with the applicant over the past few months regarding
proposed indoor vehicle sales including motorcycles at the Vets Auto Center. The vehicles
would be sold on consignment to raise money for the Veterans of Foreign War Organization
(VFW). The Auto Center is located in a C-1 zoning district that does not allow for more intense
uses such as vehicle sales. After review, it was decided that a text amendment was a better
choice than rezoning the property since it is surrounded by residential. C-1 zoning is intended
to be a transition from more active commercial to residential district. It is designed to be close
to a residential area without negative impact. The C-1 district allows for commercial sales
activities (indoors) such as bookstores, hardware stores and pharmacies. In addition to the
large auto malls, the car industry is shifting to such uses as indoor lots and displays, for
example; Tesla and Carvanna. To lessen the impact of vehicle sales in a C-1 zoning district,
the applicant agreed to indoor sales only, no service activities, limit the square footage and
hours of operation. Mr. Wesley said commission feedback is necessary regarding the size and
hours of operation. Mr. Wesley said that he was comfortable with the approval provided the
hours and size are clarified. The applicant was present for questions.
In response to Commissioner Boik, Mr. Wesley said that the C-1 zoning districts are along the
Shea corridor, Saguaro Blvd. near Panorama, Glenbrook and Fountain Hills Blvd. and the
West Shea Blvd. area near Fry's.
Commissioner Corey confirmed the applicant owned the proposed building for the indoor car
sales. Commissioner Corey asked how the cars would be brought into the building.
The applicant and building owner, Vladimir Buer said that there were many glass panels on
the building. The Business Owner's Association allowed the removal of the glass panels and
replacement with doors. The doors would be large enough to allow cars to enter and exit the
showroom. Mr. Buer said he contacted the other building tenants and they are in agreement
with the indoor vehicle sales.
In response to Commissioner Dempster, Mr. Buer said that he owns the property along
Monterey Drive and up to the next building. There are 12 parking spaces in one area and over
40 spaces in another area. The vehicle display area would be indoor only. As far as the noise,
there is a concrete wall between the parking area and the residential area. The parking area
is used now and there have not been any complaints about noise.
Commissioner Kovacevic asked if anything other than vehicles would be sold to raise money
at this location.
Mr. Buer said that this location is for motorcycle and automobile sales. They are donated or
sold on consignment. There may come a time that an auction would take place once a quarter.
In response to Commissioner Kovacevic, Mr. Wesley said there are certain parking
requirements that go along with auto sales. Typically, in a joint use such as this, it is assumed
the parking is set up to go along with mixed use. The Tractor Supply is zoned C-2 and the
Target Center is zoned C-2 PUD.
Commissioner Kovacevic asked how many cars would be on display.
Mr. Buer said the showroom could hold 12 to 15 vehicles. There are 12 covered parking
spaces in the back. Five of those are designated for this operation.
Commissioner Corey expressed concern regarding the amount of cars being greater than the
amount of display spaces.
Mr. Wesley said that to some degree this would be a code enforcement issue. It would be
expected the covered parking spaces might be used temporarily while cars are shifted around.
Commissioner Schlossberg asked for details regarding the on-site auction.
Mr. Buer said the on-site auctions would be held quarterly. The auctions would most likely
take place on a Saturday during a limited timeframe. The auction would take place inside. If
the vehicles do not pass a safety inspection, they are not displayed. Non-running vehicles or
those that do not pass safety inspections are picked up by a contract company from the
donor. The contractor makes a donation to the VFW. The maximum number of cars inside
will be 12-15 cars.
Mr. Wesley reminded the commission that all C-1 zoning would be affected by this
text amendment change.
Discussion took place regarding the restrictions of a C-1 zoning and C-2 zoning.
Chairman Hansen said that the idea is for this business to operate and look like a retail store
rather than an auto sales lot.
Chairman Hansen asked the Commission what comments they had regarding hours of
operation and the size of the business.
The Commission agreed that although the C-1 zoning allows a business to stay open until 11
p.m., this might not be a good idea with a residential neighborhood so close. They agreed on
a closing time of 9 p.m., seven days a week.
Commissioner Dempster added that there should not be any overnight parking.
No one from the public wished to speak.
Chairman Hansen closed the public hearing at 6:39 p.m.
MOVED BY Commissioner Clayton Corey, SECONDED BY Commissioner Scott
Schlossberg, to recommend an approval to the Town Council for Ordinance 20-03 amending
Chapter 2, Commercial Zoning Districts, by adding a new provision to Section 12.02.B, to allow
indoor vehicle sales and rentals in the C-1 zoning district with the following stipulations; no
overnight parking, maximum business size is 5,000 square feet and the business must close at
9:00 p.m., seven days a week. Case Z2019-09.
Vote: 6 - 0 - Unanimously
6. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
None.
7. SUMMARY OF COMMISSION REQUESTS from Development Services Director.
None.
8. REPORT from Development Services Director.
Mr. Wesley confirmed that the Planning and Zoning Commission would meet once a month on
the second Monday of the month. The new schedule begins on March 9, 2020. The caveat
would be if there were a case that could not wait for a regular meeting; a special meeting
would take place. The Town Manager is supportive and the Town Council has been notified.
Mr. Wesley informed the commission they each have a copy of the General Plan Update
2020. The 60-day review period begins when the General Plan is sent to all the agencies.
There is a stakeholders meeting on February 26, 2020, in the Council Chambers at 6:30
p.m. The General Plan Update 2020 will be on the Planning and Zoning Commission March
agenda. This will allow for any public and Commission feedback. The Planning and Zoning
Commission's April meeting will be the official public hearing with recommendations to
Council. Town Council is scheduled to take action at their May meeting and vote at their June
meeting.
9. ADJOURNMENT
The Regular Meeting of the Fountain Hills Planning and Zoning Commission held January 23,
2020 adjourned at 6:45 p.m.
PLANNING AND ZONING COMMISSION
Erik Hansen, Chairman
ATTEST AND PREPARED BY:
raktitum Q
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 23rd day of January, 2020. I further certify that the meeting was duly called and that a quorum was
present.
DATED this 3rd day of February, 2020.
Paula Woodward, Executive Assistant