The Planning and Zoning Commission was hesitant but went ahead with a 3-2 vote forwarding a recommendation to the Town Council on proposed changes to the town’s noise ordinance.

Some commission members were not comfortable with the proposed standards for the ordinance and wanted more staff study.

Vice Chairman Eugene Mikolajczyk, who led the meeting in the absence of Chairman Mike Archambault, said he understood the concerns, but feels the council should consider whether to ask staff to reconvene a study group on the subject.

Mikolajczyk said the council has previously discussed a noise controversy with the CopperWynd Resort and its residents and is well up to speed on the subject.

“I’d rather kick this upstairs than back to staff,” Mikolajczyk said.

Commissioner Howard Jones said he feels it is appropriate to have two standards, one for downtown and resort areas and another for residential areas.

“I think we need an objective look at the decibel standards and make sure these are the right numbers,” Jones said.

Staff is presenting an amendment that provides a table outlining permissible decibel levels for time of day and seasonal. The proposed ordinance allows a maximum of 85 decibels at 30 feet from the source of the noise during the day. That number drops to 75 from 11 p.m. to 6 a.m.

Commissioner Roger Owers said he is in support of the amendments to make the ordinance easier to understand and more enforceable.

“I’m just not sure these are the numbers we should use,” Owers said. “I would like more definitive study.”

The numbers used for the amendment were recommended by committee convened in 2010 to study the issue. This is the first time action was taken to address the changes.

Bill Heinz, the owner of the CopperWynd Resort raised concerns about the changes.

“I feel we are steering into dangerous waters,” Heinz said. “I am willing to work with the residents.”

He said he has taken several steps to address concerns – talking with neighbors, turning speakers at events and turning off equipment that enhances the noise.

“With these changes we can’t do weddings, conferences or other events,” Heinz said. “I’m committed to doing my part. These changes will destroy businesses like CopperWynd.”

Mark Saul, an attorney for The Villas at CopperWynd (HOA) said they do not like the proposal either.

“If this is adopted you would have the noisiest city in Arizona,” Saul said.

He said the ordinance is not consistent with other cities, and there is not enough accurate information.

“We would ask the commission not to recommend this ordinance to the council,” Saul said.

Commissioner Susan Dempster made the motion to forward the recommendation to the council. It was supported by Mikolajczyk and Commissioner Stan Connick. Jones and Owers opposed. Archambault and Commissioner Jeremy Strohan were absent.

Entertainment

The commission had no issues with a proposal to create an Entertainment District zoning overlay for the downtown area. It received little discussion before a unanimous vote to forward a recommendation to council.

The proposed overlay encompasses approximately 63 acres bounded by Palisades Boulevard, Saguaro Boulevard, Avenue of the Fountains and La Montana Drive. There is an additional small section outside that perimeter west of La Montana and north of the Avenue.

The entertainment overlay is designed to accommodate businesses that want to offer outdoor seating, dining, entertainment and similar activity that might normally require a special use permit in a commercial zoning district.