Call to Order and Pledge of Allegiance

Invocation (Moment of Silence)

Roll Call

Statement of Participation
Anyone wishing to address the Commission regarding items listed on the agenda or during Call to the Public must completely fill out a Request to Comment card located in the back of the Council Chambers and hand it to the Clerk prior to the start of the meeting. Once the meeting has started, late requests to speak cannot be accepted. When your name is called, please approach the podium, speak into the microphone, and state your name and if you are a resident for the public record. Comments may not exceed three minutes. It is the policy of the Commission not to comment on items brought forth under "Call to the Public." However, staff can be directed to report back to the Commission at a future date or to schedule items raised for a future Commission agenda. To avoid disruption of the meeting, to maintain decorum, and provide for an equal and uninterrupted presentation, applause is not permitted, except during Proclamations, Awards, and Recognitions. All meeting participants must maintain proper decorum as specified in Section 6 of the Council Rules of Procedure.

Summary of Current Events by Director

Consent Agenda
All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Commission. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Commission Member or member of the public so requests. If a Commission Member or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Director or Chairperson prior to the date of the meeting for which the item was scheduled. The item will be removed from the Consent Agenda and considered as the first item on the Regular Agenda. The remaining items on the Consent Agenda will be enacted by one motion and vote of the Commission.

Regular Agenda

CONSIDERATION AND POSSIBLE ACTION: Approving the regular meeting minutes of the Planning and Zoning Commission  April 13, 2026.
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the town's website and maintained as permanent records in compliance with state law.

PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating Ordinance ​26-11 amending Zoning Ordinance Chapter 6, Sign Regulations, Section 6.08 ​A. 6. Drive-Through Sign to increase the allowed size of these signs.
Chapter 6 of the Zoning Ordinance sets the standards and regulations for signs.  Sign regulations are based on time, place, and manner provisions and cannot be based on content.Section 6.08 provides the standards and allowances for each type of sign allowed in Fountain Hills. One of the sign types is Drive-through Sign.  Based on some recent inquiries regarding the provisions for this sign type, staff have looked at the need to recommend some changes.A major update was made to the sign ordinance in 2021 to bring it into conformance with the US Supreme Court Decision in Reed v. Town of Gilbert to make such ordinance content neutral.  The Town sign ordinance prior to that update had the limitation on menu board signs at 5' tall and 20 sq. ft.  That same standard was continued in the revised ordinance for drive-through signs.Cities and towns use different approaches and language to describe sign types.  Two cities that also specifically list drive-through signs in their sign ordinance are Gilbert and Scottsdale.  The Town of Gilbert zoning ordinance states drive-through signs can be 7' tall and up to 50 sq. ft., the City of Scottsdale also allows these signs to be 7' tall but limits the size to 45 sq. ft.An internet search of standard drive-through menu board sizes provided the following common sizes:Small (Coffee Shops): 3' - 4' width, 2' - 3' height (6 - 12 sq. ft.)Medium (Fast Food): 4' - 6' width, 3' - 4' height (12 - 24 sq. ft.)Large (Full-Service QSRs): 6' - 8'" width, 4' - 5' height (24 - 40 sq. ft.)Digital Menu Boards: The best visibility is obtained with dimensions between 55" and 75" giving customers a clear view of the board from a distanceAn increase in the allowed sign area to 30 sq. ft. and a maximum height of seven feet would be in keeping with industry standards.

PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating to Ordinance 26-10 amending Zoning Ordinance Chapter 10, Single-family Zoning Districts, to add Section 10.025, Uses Permitted by Special Use Permit, and Chapter 11, Multifamily Zoning Districts, to amend Section 11.03, Uses Permitted by Special Use Permit, to add provisions for office uses in residential zoning districts.
Staff has recently been working with the Fountain Hills Unified School District to consider possible re-uses of under-utilized and vacant school buildings.  Through that review and discussion, staff realized that with changing demands for schools and other existing non-residential uses established in residential zoning districts, there is a need in the zoning ordinance to provide for viable alternative uses for these buildings.As an example, the former McDowell Mountain school has been under-utilized for a number of years. It is located in a residential neighborhood.  Under the current R1-8 zoning designation, reuse of the building is limited.  Given the location in the middle of a single-family neighborhood, rezoning to a commercial or multifamily zoning district is challenging.Given these challenges, staff is proposing a zoning text amendment to provide a mechanism to allow consideration of office uses in existing nonresidential buildings in residential zoned areas.  The attached ordinance provides the opportunity for consideration of a Special Use Permit to allow approval of uses in the C-O, Office District, with the listed conditions.  Changes are being proposed for both the single-family and multifamily zoning districts.Chapter 10, Single Family Zoning Districts, does not currently have any provisions for Special Use Permits. Therefore, in this chapter, a new section is being added, Section 10.025.  Chapter 11, Multi-family Zoning Districts, has a section for Special Use Permits, so this section is being amended to allow the new use.  The provisions being added in both chapters are the same.The proposed requirements as provided in Chapter 10 are:Section 10.025 Uses Subject to Special Use PermitA. Uses permitted in the C-O zoning district subject to the following conditions and requirements:1. Minimum lot size: 2 acres2. There must be existing non-residential development and historic non-residential use of the property.3. Uses are limited reuse of existing buildings. No expansion of footprint, no new detached structures, and no outdoor storage shall be permitted unless specifically approved as part of the special use permit.4. Signage. Except as may be specifically approved as part of the special use permit, no exterior signage visible beyond the property line.5. Outdoor activity. No outdoor activity except for playground or sports activities for children.6. Traffic, parking, and circulation. The use shall provide adequate on-site parking, safe pick-up and drop-off operations, and circulation designed to avoid material traffic, queuing, or safety impacts on adjacent residential streets.7. Hours of operation. Unless otherwise specified in the approval of the special use permit, the hours of operation are limited to 7:00 am – 6:00 pm., Monday through Friday.8. Approval shall be limited to the applicant requesting the special use permit and shall not be transferable.Uses permitted in the C-O zoning district are:1. Any business office in which chattels or goods, wares, or merchandise is not commercially created, repaired, sold or exchanged.2. Offices for:a. Accountantb. Advertising agencyc. Architectd. Business Associatione. Chiropodistf. Chiropractorg. Collection Agencyh. Dentisti. Engineerj. Geologistk. Insurance brokerl. Lawyerm. Labor Unionn. Marriage Counseloro. Ministerp. Naturopathq. Optometristr. Osteopaths. Physiciant. Private Detectiveu. Private Employment Agencyv. Professional Membership Organizationw. Public Stenographerx. Real Estate Brokery. Surgeonz. Surveyoraa. Talent Agencybb. Telephone Message Servicecc. Other similar professional and semi-professional work.3. Banks, building and loan associations, savings and loan associations, credit unions, finance companies, and investment companies.4. Studios for photography, fine or commercial arts or other professional work.5. Medical and clinical laboratories.6. Post office.7. Pharmacy, when in conjunction with a medical center consisting of offices occupied by five (5) or more doctors provided that there shall be no outside entrance for business purposes, and that no sign or display be located so as to be visible from a public thoroughfare or adjacent property.8. Single and multifamily residential dwellings, subject to special use permit.Reviewing the Town's maps, staff have identified 11 parcels that could be impacted by this zoning provision.  Four are school properties, one is the Boys and Girls Club parcel, and the other six are churches.  In summary, this text amendment would allow the property owner of a residentially zoned property that has a non-residential building and has a history of being used for a non-residential use (typically a church or school), to apply for a SUP to allow an office use to occupy some or all of the existing building.  The review of the SUP will require the same citizen participation process and public hearings as all other SUP's so the public will have the opportunity to be informed of the potential use and attend the hearings before the Planning and Zoning Commission and Town Council.

DISCUSSION AND POSSIBLE DIRECTION: Regarding draft revisions to ​Chapter 11, ​Multifamily Zoning Districts.
At the January 2026 Planning and Zoning Commission meeting, staff introduced an ongoing process to totally update the format of the Zoning Ordinance.  The proposed update will reorganize the chapters, create use categories rather than rely on a list of specific uses, create use tables in each district to clearly state what uses are allowed, and organize development standards and requirements.Prior to bringing the changes forth in a public hearing for consideration and adoption, staff is bringing individual chapters to the Commission for review, discussion, and direction.  Once the Commission has been through all the chapters and initial issues and comments have been addressed, staff will bring forth the full ordinance for public hearing and adoption.  While there will be a few substantive changes proposed along the way to address known issues, the primary focus is the re-organization and the establishment of the use tables to facilitate the use of the ordinance.At the February Commission meeting, staff presented the proposed new Sec. 1.13, Use Classifications.  This section was not specifically reviewed but will be reviewed as it applies to each of the subsequent zoning districts.  That section is attached again for your use.This report reviews the revised multifamily zoning districts chapter.  In the current ordinance, it is Chapter 11, in the new ordinance it will be Chapter 7.  This report uses the new section numbers as the organization for discussion.Section 7.01, Purpose and IntentNo changesSection 7.02, Permitted UsesAll of the existing uses listed in current Sections 11.02, 11.03, and 11.04. are provided for in the new Sec. 7.02, Table 7.02. and Sec. 7.03.One significant change included in the revised ordinance is a provision for attached single-family dwellings, also known as townhomes or rowhouses.  In our current ordinance, this development type is not permitted.  The only options are apartments or condominiums.  The difference is with a townhome or rowhouse the owner of the home would also own the land as a separate lot.  Section 7.04 A. provides the details on this building form.The current Section 11.02 A, Permitted Uses, includes #12, which allows: "Accessory buildings and uses customarily incidental to the above uses, including those uses detailed in Chapter 5, Section 5.10 of this Ordinance.  Section 5.10 of the Zoning Ordinance has been changed and addresses canyon-side lot regulations.  Section 5.02 C. provides a general allowance for accessory uses, so this specific allowance has not been included in the updated ordinance.The specific provisions listed for uses in current Sections 11.02, 11.03, and 11.04 have been addressed either as a footnote to the table or in the new Section 7.04 and are referenced in the table.The current Section 11.03 C. and D. are moved to footnotes at the end of the new Section 7.10.Section 7.03, Prohibited UsesThis is Section 11.02 C. in the current ordinance.Section 7.04 Specific RegulationsThis section lists all the standards associated with specific uses that are now provided in Sections 11.02, 11.03, and 11.04.  Most of the provisions are the same as the current ordinance.A new provision in this section is Sec. 7.04 A.  This section provides the lot size, lot frontage and setback requirements for attached single-family lots and buildings.Sections 7.05 - 7.10There are no changes to these sections compared to the current ordinance except the new footnotes h and i added to Table 7.10 relocated from the current 11.03 C and D.

Call to the Public
Pursuant to A.R.S. §38-431.01, or as prescribed by state law.

Commission Discussion/Direction to the Director

Future Agenda Items

Adjournment