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TOWN of CAREFREE NOTICE of PUBLIC MEETING of the PLANNING and ZONING COMMISSION

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TOWN of CAREFREE NOTICE of PUBLIC MEETING of the PLANNING and ZONING COMMISSION TOWN OF CAREFREE NOTICE OF PUBLIC MEETING of the PLANNING and ZONING COMMISSION WHEN: TUESDAY, MARCH 21, 2017 WHERE: FCF – HOLLAND COMMUNITY CENTER, QUAIL ROOM TH 34250 N. 60 STREET, BUILDING B, SCOTTSDALE, AZ 85266 TIME: 5:00 p.m. Pursuant to A.R.S. Section 38-431.02, notice is hereby given to the members of the Carefree Planning and Zoning Commission and to the public that the Commission will hold a public meeting on TUESDAY, MARCH 21, 2017 at 5:00 p.m. in the Quail Room, FCF-Holland Community Center, 34250 N. 60th Street, Building B, Scottsdale, AZ 85266. THE AGENDA FOR THE MEETING IS AS FOLLOWS: CALL TO ORDER, SILENT ROLL CALL and PLEDGE OF ALLEGIANCE. ITEM 1. ELECTION OF VICE CHAIRMAN by the Planning and Zoning Commissioners. ITEM 2. APPROVAL of MINUTES: meeting of OCTOBER 10, 2016. ITEM 3. WORK SESSION – DISCUSSION: The intent of this work session is for the Planning and Zoning Commission to discuss sections of the Zoning Ordinance concerning Landscaping, Lighting and Signs for the purpose of updating the text to be current with today’s technology and recent legislation. This item is for Commission discussion only, and no action is required at this time. Members of the public in attendance who have a question or comment related to the discussion are requested to allow the Commission to discuss the topics first and then be recognized by the Chairman prior to speaking. ITEM 4. ANNOUNCEMENTS. ITEM 5. ADJOURNMENT. PLANNING AND ZONING COMMISSION Planning Clerk 3/16/17 NOTE: A quorum of another public body of the Town of Carefree such as the Town Council or other committee, board, or commission created by the Town of Carefree, may be present and may participate in the public meeting noticed herein by discussing, proposing, and/or deliberating legal action to be taken by the Planning and Zoning Commission, although no legal action will be taken by such other body of the Town. IF YOU REQUIRE SPECIAL ACCOMMODATIONS DUE TO A DISABILITY At least three (3) working days prior to the meeting date, please contact the: Carefree Town Clerk PHONE (480) 488-3686 8 Sundial Circle FAX (480) 488-3845 PO Box 740 email: [email protected] Carefree, AZ 85377 z:\p & z\p&z agendas\2017-03-21 p&z agenda.doc MARCH 21, 2017 Page 1 of 1 TOWN OF CAREFREE MINUTES of a MEETING of the PLANNING & ZONING COMMISSION MONDAY, OCTOBER 10, 2016 Chairman Mascha opened the meeting and led the Pledge of Allegiance at 5:00 p.m. on Monday, October 10, 2016, in the Quail Room, FCF-Holland Community Center, 34250 N. 60th Street, Building B, Scottsdale, AZ 85266. PRESENT: ABSENT: Chairman: Al Mascha Vice-Chairman: Michael Krahe Commissioners: Dan Davee Tom Cross Lyn Hitchon Scott Sperl Dick Tatlow Planning Director: Stacey Bridge-Denzak Planning Clerk: Bev Peterson ITEM 1: APPROVAL OF MINUTES - meeting of SEPTEMBER 20, 2016. Commissioner Hitchon MOVED to APPROVE the minutes as CORRECTED. SECONDED by Commissioner Tatlow and PASSED unanimously. ITEM #2: PUBLIC HEARING, discussion and possible action for recommendations to the Town Council regarding proposed amendments to the Town of Carefree Zoning Ordinance 10th Publication. CASE # 16-07-TA APPLICANT: TOWN OF CAREFREE 8 Sundial Circle PO Box 740 Carefree, AZ 85377 REQUEST: APPROVAL of proposed modifications to the Town of Carefree Zoning Ordinance 10th Publication. These text amendments address Senate Bill 1350 (SB1350) which restricts local cities and towns from being able to regulate or limit the use of vacation rentals or short-term rentals within municipal boundaries. Ms. Bridge-Denzak presented the staff report, explaining that Senate Bill 1350 was signed into law on May 12, 2016. This law requires the Town to move forward in order to comply by December 31, 2016 with new legislation passed to capitalize on short- term vacation rental businesses such as Airbnb, VRBO and others. She spoke about the Governor’s “Share the Economy” program promoting short-term rentals to increase income opportunities and affordable accommodations. It provides the Department of PLANNING & ZONING COMMISSION OCTOER 10, 2016 Page 1 of 3 Revenue with a means of collecting taxes more proficiently, which in Carefree is a Bed Tax, and distributing that money back to the localities. Our zoning regulations concerning transient use of single-family, two-family or multi- family dwellings, condominiums, cooperatives and time-share properties currently require a minimum rental period of 30 consecutive days. In order to comply with Senate Bill 1350, the Zoning Ordinance must be amended by the end of the year to allow short- term vacation rentals. We can still regulate in regards to protecting public health, safety and welfare and to prohibit illegal or illicit uses such as adult-oriented businesses. Ms. Bridge-Denzak presented the proposed changes to the Zoning Ordinance which, basically, reverse amendments made in 2005 preventing short-term rentals and addressing time-share uses. In ARTICLE II. RULES AND DEFINITIONS The wording “and used exclusively for residential occupancy” is eliminated from the definitions for multiple-family, single-family and two-family dwellings. The sentence “Home occupation excludes the transient use of the dwelling.” is eliminated from the definition for home occupation. The definitions for residential occupancy, timeshare and transient use are deleted. In ARTICLE V. USES PERMITTED IN EACH ZONING DISTRICT AND ADDITIONAL REQUIREMENTS AND CLARIFICATIONS FOR USES PERMITTED IN EACH ZONING DISTRICT The timeshare use has been deleted from Table 5.1. and any wording stating that timeshares and/or transient uses are prohibited has been eliminated. Ms. Bridge-Denzak added that, in response to questions during a previous meeting, Homeowners Associations CC&R’s, since they are considered 3rd-party agreements, are not affected by this legislation, which applies to the government of towns, cities and counties. Commissioner Davee asked if this bill could affect Homeowners Associations’ ability to allow or prohibit short-term rentals. Commissioner Hitchon commented that CC&R’s are a contractual agreement, not legislation. Commissioner Cross added that, as a 3rd party agreement, it is up to an HOA to structure their CC&R’s internally. Commissioner Krahe asked about the process for the Town to receive tax revenue on short-term rentals. Ms. Bridge-Denzak explained that Airbnb, VRBO and other lodging companies will collect and pay applicable taxes to the Department of Revenue. The state then distributes the proceeds to the Town. There were no other questions or comments from the Commission. Chairman Mascha opened the public hearing and the following individual spoke: PLANNING & ZONING COMMISSION OCTOER 10, 2016 Page 2 of 3 John Traynor, Carefree, wanted to know if the Town Attorney has been asked for an opinion. He was concerned about the legal ramifications of this legislation on his subdivision’s HOA and their prohibition of renting out casitas. Ms. Bridge-Denzak reiterated that the proposed text amendments do not regulate Homeowners Associations’ CC&R’s. She added that the idea behind SB1350 is for vacation rentals to be treated the same way as any other residential property. Currently, the Zoning Ordinance restricts casitas from being rented as a separate unit. There were no further questions or comments from the public or the Commission, so Chairman Mascha closed the public hearing and called for a motion. Vice Chairman Krahe MOVED to RECOMMEND APPROVAL TO THE TOWN COUNCIL of Case 16-07-TA, a request for text amendments as presented in the Staff Report and also to include any revisions recommended by the Town Attorney. The motion was SECONDED by Commissioner Cross and PASSED unanimously. The Commission’s recommendations will be considered by the Town Council at their meeting on November 1, 2016. Chairman Mascha introduced the next agenda item: ITEM 3: ANNOUNCEMENTS. There were no announcements. ITEM 4: ADJOURNMENT. There being no additional business, Commissioner Hitchon MOVED to ADJOURN. Motion SECONDED by Commissioner Tatlow and PASSED unanimously. The meeting ADJOURNED at 5:24 p.m. PLANNING & ZONING COMMISSION By: Al Mascha, Chairman ATTEST: ________________________ Bev Peterson, Planning Clerk PLANNING & ZONING COMMISSION OCTOER 10, 2016 Page 3 of 3 STAFF REPORT – PLANNING & ZONING COMMISSION MEETING DATE: March 21, 2017 Agenda Item #: 3 SUBJECT: Planning and Zoning Commission Work Session: Planning Department review of upcoming text amendments related to landscaping, lighting, and sign regulations. ATTACHMENTS: . Exhibit “A”: Current Landscape Ordinance . Exhibit “B”: Landscape Guidelines . Exhibit “C”: Current Lighting Ordinance SUMMARY: The intent of this work session is to discuss with the Planning and Zoning Commission three important sections in the Zoning Ordinance: Landscaping, Lighting and Signs. Each section is vital to Carefree’s development values and economic sustainability. While the current regulations maintain the quality of development for both residential and non-residential properties, it is necessary to update them to be current with today’s technology and recent legislation. The following is a summary of the status of each section in order to facilitate these discussions: Landscaping The Ordinance regulations for landscaping are general and apply equally to all properties, residential and nonresidential. Requirements center on salvaging protected plants and revegetation of disturbed areas. Only native vegetation is permitted in building setback areas, however, ornamental species are allowed closer to a residence/structure. Dead or decaying vegetation may be removed without a permit. What is absent from the Ordinance are requirements for nonresidential uses typically found in Zoning Ordinances throughout the Valley, such as requiring landscaping in parking areas and at pedestrian areas. The Commission should consider to what extent the Town should regulate landscaping, and if requirements should be added, clarified, or eliminated. Lighting As stated above, the Lighting section of the Zoning Ordinance dates back to its original adoption in 2004.
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