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Home My WebLink AboutAGENDApacket__01-17-24_1239_561 NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Ginny Dickey Vice Mayor Sharron Grzybowski Councilmember Peggy McMahon Councilmember Hannah Toth Councilmember Gerry Friedel Councilmember Brenda J. Kalivianakis Councilmember Allen Skillicorn TIME:5:30 P.M. – REGULAR MEETING WHEN:WEDNESDAY, JANUARY 17, 2024 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived. REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting https://www.fountainhillsaz.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting . These comments will be shared with the Town Council. NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3). 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey 2.INVOCATION - Kirk Kaiser, Fountain Hills Resident 3.ROLL CALL – Mayor Dickey 4.STATEMENT OF PARTICIPATION 5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A.Stellar Students for the Month of January. B.PROCLAMATION: Support of Israel and Condemning All Acts of Terrorism. C.PROCLAMATION: Designation of the Week of January 15, 2024, as, Martin Luther King, Jr. Week. D.PROCLAMATION: Designation of January as Anti-Human Trafficking Month. 6.PRESENTATIONS 7.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda. 8.CONSENT AGENDA ITEMS Town Council Regular Meeting of January 17, 2024 2 8.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. 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 councilmember or member of the public so requests. If a councilmember 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 Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Town of Fountain Hills Town Council Regular Meeting of December 5, 2023. B.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for FH Elks Lodge No 2846 for Irish Fountain Fest at Fountain Park on March 16, 2024. C.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for Wilderness Volunteers for a beer garden in conjunction with the Aravaipa Running, LLC Mountain 2 Fountain race on March 03, 2024. D.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for the Town of Fountain Hills for a beer garden in conjunction with Music Fest on April 06, 2024. E.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for Fountain Hills Chamber of Commerce for a wine walk on the avenue on February 02, 2024. F.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for the Fountain Hills Chamber of Commerce for a Wine Tasting at the Fountain Hills Spring Festival, Feb. 23 - 25, 2024. G.CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-02, abandoning a 10' Public Utility and Drainage Easement along the east side of 11415 N Buffalo Drive (Application A23-000015). 9.REGULAR AGENDA A.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: REZONE approximately 6.7 acres generally located at the southeast corner of Shea Blvd. and Technology Drive (site address: 16815 E. Shea Blvd) from C-2 P.U.D (Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to allow for a development consisting of a 316-unit, 4-story residential community. Town Council Regular Meeting of January 17, 2024 3 allow for a development consisting of a 316-unit, 4-story residential community. B.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: REZONE approximately 22.5 acres generally located at the southwest corner of Shea Blvd. and Saguaro Blvd. (site address: 16825 E. Shea Blvd) from C-2 P.U.D. –Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to Four Peaks Plaza PAD (Planned Area Development) to allow for removal of one existing 12-foot tall freestanding monument sign at the southeast corner of Shea Blvd and Center Lane and replacing with a new 20-foot (h) freestanding monument sign, and also to add a 12-foot (h) freestanding monument sign immediately south of Shea Blvd, about 530 feet east of the intersection of Shea Blvd. and Center Lane. C.CONSIDERATION AND POSSIBLE ACTION: Extension of the Special Use Permit for up to 10 residential units on C-C zoned property at 16741 E. Glenbrook, the southeast corner of Glenbrook and Fountain Hills Boulevard. D.CONSIDERATION, AND POSSIBLE ACTION: Approval of a six-month extension to the approved Special Use Permit to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9637 N. Saguaro Boulevard; APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district. 10.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. 11.FUTURE AGENDA ITEMS 12.ADJOURNMENT CERTIFICATE OF POSTING OF NOTICE Town Council Regular Meeting of January 17, 2024 4 CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 2024. _____________________________________________ Linda G. Mendenhall, MMC, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating. Town Council Regular Meeting of January 17, 2024 5 ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): Stellar Students for the Month of January. Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/04/2024 04:06 PM Final Approval Date: 01/04/2024 ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Support of Israel and Condemning All Acts of Terrorism. Staff Summary (Background) Mayor Dickey and the Council will proclaim Support of Israel and Condemn All Acts of Terrorism. Attachments Proclamation - In Support of Israel and Condemning Acts of Terrorism Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/04/2024 04:06 PM Final Approval Date: 01/04/2024 ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Designation of the Week of January 15, 2024, as, Martin Luther King, Jr. Week. Staff Summary (Background) Mayor Dickey and the Council will proclaim the Week of January 15, 2024, as, Martin Luther King, Jr. Week. Attachments PROCLAMATION: Designation of the Week of January 15, 2024, as, Martin Luther King, Jr. Week Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/04/2024 04:06 PM Final Approval Date: 01/04/2024 ITEM 5. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Designation of January as Anti-Human Trafficking Month. Staff Summary (Background) Mayor Dickey will proclaim January as Anti-Human Trafficking Month. Attachments PROCLAMATION: Designation of January as Anti-Human Trafficking Month Form Review Form Started By: Angela Padgett-Espiritu Started On: 01/04/2024 04:06 PM Final Approval Date: 01/04/2024 ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Town of Fountain Hills Town Council Regular Meeting of December 5, 2023. Staff Summary (Background) 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. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Regular Meeting of December 5, 2023. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of December 5, 2023, as presented. Attachments Verbatim Transcript Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 01/04/2024 01:31 PM Town Manager Rachael Goodwin 01/08/2024 09:43 AM Form Started By: Linda Mendenhall Started On: 01/04/2024 10:44 AM Final Approval Date: 01/08/2024 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL December 5, 2023 A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:33 p.m. Members Present: Mayor Ginny Dickey: Vice Mayor Sharron Grzybowski; Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately thirty-five members of the public were present. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 1 of 63 Post-Production File Town of Fountain Hills Town Council Meeting Minutes December 5, 2023 Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 2 of 63 MAYOR DICKEY: Good evening, everyone. Thanks for coming. Please stand for the pledge. And if you choose, remain standing for the invocation. [Pledge] MAYOR DICKEY: So much. Fountain Hills resident David Taylor, Jr. Hi. TAYLOR: Thank you, Mayor. All right. Let's pray. Father, thank you for the way that you love us, the way you take care of us. Thank you for the miracle of Hanukkah that we're about to celebrate, Lord. Your people are once again in conflict. We pray for peace in Jerusalem and peace in Gaza. We thank you for sending your son to become us, to save us, the miracle of Christmas. Lord, bless every resident in this town, Lord, both permanent and winter. Lord, bless the people that come here just to work, those that come to enjoy our town. Lord, bless our neighbors, the Piipaash and the O'otham and the Yavapai and those in Scottsdale. Lord, bless the business that is going to be conducted here tonight, Lord, and thank you for just being a wonderful God. And we ask all this in the name, the only name we can ask it, in the name of Jesus. Amen. MAYOR DICKEY: Thank you. Can we have a roll call, please? MENDENHALL: Yes. Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember McMahon? MCMAHON: Present. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Present. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 3 of 63 MENDENHALL: Anyone wishing to address the council regarding items listed on the agenda or under call to the public should fill out a request-to-comment card located in the back of the council chambers and hand it to the town clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your name for the public record. Please limit your comments to three minutes. It is the policy of the Mayor and council to not comment on items brought forth under call to the public. However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council agenda. MAYOR DICKEY: Thank you so much. Please note that we will not be considering what was previously item 9-B regarding sober living home inspections. Councilman Skillicorn had us put it on the agenda and then yesterday requested that we remove it and possibly bring it back after more work is done. But I know that we do have some comment cards, and we won't read the comments, but if we could get a report from Linda, appreciate it. MENDENHALL: Yes, thank you, Mayor. We did receive 15 comment cards that were against the agenda item. MAYOR DICKEY: Thank you very much. So our first item, as always, are activities, reports from the mayor, council, and town manager. I just wanted to remind everybody that this item -- it's on the agenda for the council to have an opportunity to report on our town-related and council-related activities and our meetings that we go to. So as it is not an agenda item where discussion is allowed, there cannot be subjective statements or such made as facts because we are restricted by open meeting laws and one-sided comments cannot be debated. So we'll start with our town manager. GOODWIN: Thank you, Mayor. I just wanted to thank everyone who joined us for the Annual Turkey Trot. We had over 2,700 runners out on a beautiful Thanksgiving morning. I want to thank the staff that were there -- it's not bright and early; it's dark and early -- to make that happen. And it was followed by a fantastic parade. So thanks for everyone that joined us. I also want to thank everybody that came out for the annual Stroll in the Glow. That is TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 4 of 63 a partner event between the town and the chamber, and it was a smash. It was great. It's beautiful. And just a reminder that coming up, we have the menorah lighting to celebrate Hanukkah on Sunday on The Avenue. And then we'll be following next weekend with the Season's Celebrations at the community center. So there is still a lot of holiday fun to be had. MAYOR DICKEY: Thank you. TOTH: I just want to thank everyone who joined us for a Stroll in the Glow. It's my favorite event of the year. I love that Fountain Hills turns into a Hallmark movie. So Merry Christmas, everyone, and looking forward to a great meeting. GRZYBOWSKI: My husband and I took the Fort McDowell Yavapai Nation tour through the River of Time again. I think it was my fourth time that I've taken this tour. It is so informative. If you haven't had a chance to go, I highly suggest it. It's changed a little bit over the years, as things do. We have a new guide that does the tour. It used to be Bill Myers (ph.). It's now -- her name is Clissene Lewis -- I think is her last name. All of a sudden, it escaped me. And she actually is from Fort McDowell, and her stories -- she is so emotional as she tells the stories. It's fantastic. I also wanted to thank both the town and the chamber for Thanksgiving day festivities, as well as the Stroll in the Glow on Saturday. It was absolutely lovely. Thank you. MAYOR DICKEY: Thank you. FRIEDEL: Thank you, Mayor. Rachael, the attendance for the Turkey Trot, was that an all-time high? GOODWIN: It was. FRIEDEL: It was. So that's a big success. So thank you for hosting that. I did attend the Stroll in the Glow, and I have to say that it's probably been the best one that I've ever been at here in the town. So that's all I have. Thank you. MCMAHON: Good evening, everybody. I attended a couple board meetings, East Valley Partnership and the Valley Metro board meeting, also the MAG Homeless Committee meeting on homelessness. And I also -- you know, since our town is a dementia-friendly TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 5 of 63 town, I had the opportunity to attend the Tempe Annual Dementia Care Summit. And that was really a success. Learned about some new information about new blood tests for Alzheimer's and also gave us some ideas about having the same type of summit next year in our town. I also was invited to and attended the Oakwood Memorial Care [sic] Annual Gala dinner. We work in partnership with Oakwood to bring support and care to some of the people in our community who has that issue in their family. Also, I have to say the Thanksgiving parade was really, really nice. I thought it was a great turnout as well. It was fun walking down the parade with Ginny and her granddaughters. They had a blast. Also, I have to say, and I agree with Gerry and everybody else that Stroll in the Glow -- you guys, where's Kevin? That was just amazing. Whoever, you know, worked on that, did that, the lights were amazing. And having the balloons in the light park, it was just really an added benefit. I think there was, like, triple the amount of people that there's been in a while. I mean, it was crazy cool. And also the community course on Sunday night, that was a really, really nice event. It was packed. They had to bring in extra chairs, and it was a really beautiful course this year. So I am glad we attended. Thank you. MAYOR DICKEY: Thank you. Councilman? KALIVIANAKIS: Thank you, Ms. Mayor. Hi, everybody. And again, once again, thank you for coming tonight and for viewing on Cox Channel 11 live streaming on YouTube. An informed citizenry and engaged citizenry is the best way to get good governance. And so thank you all for participating in this meeting. Earlier today, myself, the mayor, some of our council members had a meeting to meet with the board of the International Dark Sky Discovery Center on site, where we looked at where they were building the new building. It was amazing. They actually walked off where this is going to be, where the planetarium is going to be, and it's just a really exciting prospect for this town. As I stood there and I said, we're going to have the Discovery Center here. You know, we got the River of Time Museum, the community TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 6 of 63 center, we're going to have Park Place II and III, we're going to have the Art Walk -- give it a year or two, this town is going to pop. It's just unbelievable, the good things that are happening right now in this town. And I think we should all realize that and not dwell on the negative things. The Thanksgiving day parade and the Turkey Trot, absolutely successful. I participated in that with my Brenda K. float; that was my father's Oldsmobile, and it was a hoot. And I really had a great time, and the people all seemed to love it. And what a celebration of love. The Stroll in the Glow, again, I went to with many of the mayor and our councilmembers. And again, it was just as described today, a beautiful event. The mayor gave a speech recounting that -- you know, all the people just having fun with the bikes and the glow and this and that. And she said, boy, wouldn't it be nice if we could have this experience every day in Fountain Hills? Keep this goodwill of Christmas and Hanukkah all year long. And I appreciated that appeal. It's very, very relevant in this town. We've got so much, so much good going on here. We live in a beautiful community, an affluent community. We've got so much going for us. And so let's just make sure we appreciate what we have. And a lot of times people, they don't appreciate what they have until it's gone. But we have a great town here, and so let's celebrate that. The last thing I'd like to discuss is if you're not going anywhere for December 7th, Pearl Harbor Day, the Falcon Field, the Commemorative Air Force Museum, is having a ceremony at 1 o'clock where they are removing part of the bulkhead from the USS Arizona, and it will be presented there on display. And so it was the day that we lost 1,177 sailors on the USS Arizona. Governor -- or not governor, Mayor Giles is going to be there giving the keynote speech. Now, I was part of a similar ceremony two years ago. It was a wonderful thing. And actually Mayor Giles choked up during the presentation because it was so emotional. So if you don't have any plans for that day, I would recommend that you stop out there. It's free to the public. Thank you. SKILLICORN: Thank you, Madam Mayor. Happy advent, everyone. A few things to TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 7 of 63 report is I did have a couple opportunities to go with the economic director to a few businesses, talk about some opportunities and challenges the town has, our businesses specifically have. And it was interesting talking to one of the business owners about some of the challenges they've had to deal with planning and construction. And even something we think as simple as an awning, maybe how we could streamline that and make it a little bit simpler and better for them. Other notes, you know, we have plenty of community events. We had the Stroll and Glow, which was great. It was great seeing the kiddos and their bikes all lit up. That was something special. And they did multiple laps in the parade, which was kind of fun. We had, you know, obviously the Thanksgiving Day parade. And I actually had an opportunity to have a couple of conversations about parades. So that Thanksgiving day parade, we kind of take it for granted. We get to celebrate it. But the town employees, the chamber employees, they have to work on Thanksgiving day. And that's something that is always kind of a concern and it's something that is tough on them and their families. So I kind of wonder something outside the box. Maybe we could work on the date, maybe the weekend before or something, the Sunday before. And then also I did talk about our parade stuff, as in maybe having a community group bring us a St. Patrick's Day parade, which would be fabulous for our businesses. And I saw a head move back. It would be fantastic businesses, and they'd be open for business and actually be able to participate and, you know, actually be able to have some commerce. That would be great for our town. But that's all I have for right now. MAYOR DICKEY: Thanks. I went to the MAG Regional Council, of course, every month, but this time is kind of interesting. They had a new link for transportation grants, so I know we're always looking for that. They had a report on autonomous vehicles, which, oh, I don't know. They seem kind of scary, but I know everybody's kind of getting into them these days. So MAG was established in 1973 -- I didn't know that -- as the designated MPO, which is the Metropolitan Planning Organization for Maricopa County. It's mandated under federal law. That's how we get federal funding for transportation. So this is their 50th year. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 8 of 63 So the Canadian Arizona Business Council, which is led by Glen Williamson and Holly Mechsner, they have started several new initiatives this year, and two of them I picked to participate on. So I'm on the board for one of them, which is called Project Lift, and it's dedicated to increasing connectivity and information between Arizona and Canada. There were representatives from Sky Harbor, Air Canada, Enterprise -- that's an Enterprise Mobility -- and Mayor Peterson from Gilbert, and it'll be part of the group, and we're going to be looking for members for these two initiatives. The other one is medical tourism. So it's up Amanda's (ph.) alley there. And there were representatives there from health care providers, city of Surprise, and finance folks. And again, it's kind of this core thing. I know he wants us all to take off with it, but we're going to need some help with that. So -- and also, again, just as everyone thanking the chamber, thanking the town and the staff and all of the participants in so many of our great events that we just recently had. So what I'm going to do now is we've got some commissioners to honor who their terms are ending, and we want to say how much we appreciate them. So I'm going to mention two folks who aren't here first and read about them, and then I'll read the names of you others who are here, and you can come up, and we'll present them, and I can read good stuff about you. So one is Marlene Fehrenbach, and she could not be here. But her commission says we would like to take this opportunity to recognize Marlene, who was appointed to Sister City's Advisory Commission by the council in April of 2022. During her time on the Commission, she was actively involved in projects. The council and her fellow commissioners appreciate Marlene's contributions to the Commission and, of course, the town of Fountain Hills. Another person that is not here is Diane Price. Tonight we would like to recognize Diane Price, who was appointed to the History & Culture Advisory Commission by the town council in 2022. Her dedication to bring the history of Fountain Hills to all ages is sincerely appreciated by council, her fellow commissioners, and all of the residents. And just because they're not here, they get a plaque too. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 9 of 63 So now I'm going to ask to come up, and I'll come down, and I'll do it one by one, and then we can get a picture of everybody together. Jackie Miles from the History & Culture Advisory Commission. Hmm, I know she was supposed to be here. Deborah Skehan History & Culture Advisory Commission. Sandy Ursini, also from the History & Culture Advisory Commission. James Wilson from Sister Cities Advisory Commission. And Cynthia Magazine from the Strategic Planning Advisory Commission. So let's come over on this side here. I'll meet you over there. You're first. Pick up your plaque and hold it in front of you so we can take a picture. So let's see. James, here you go. Thank you. Debbie, thank you. That. Thank you very much. Cynthia, got you. And then Jackie's not here, so I'll have to -- so let me find her thing so I can read that first. It's live so we're not ready. All right. Here we go. So for Jackie Myers, I'm going to read Jackie's. Tonight we would like to recognize Jackie Miles, who was appointed to the History & Cultural [sic] Advisory Commission in 2022. Jackie was instrumental in sharing her vast knowledge of the history of the town of Fountain Hills with her commissioners. The town of Fountain Hills -- her support of this commission and the town of Fountain Hills is evident by her many hours of volunteer service. And we all know she's done it way before this too. And we sincerely appreciate her contributions. So now we've got the live folks here. Debbie, you are first. SKEHAN: Thank you. MAYOR DICKEY: Thank you. And we'll ask you if you'd like to say something when you're through, and then we'll take the picture when we're all done. SKEHAN: Okay. MAYOR DICKEY: Tonight, we'd like to recognize Debbie Skehan, who was appointed to the History & Culture Advisory Commission by the council in 2022. Debbie shared her TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 10 of 63 knowledge of the town of Fountain Hills and its structures built in the early years. Her dedication to the projects she served on during this first year of the Commission will serve as a foundation for future commissioners to continue. Debbie's support for the Commission and the town of Fountain Hills has been evident by her hours of volunteer service. We sincerely appreciate that. Your council, your fellow commissioners, and all of the town's residents. Thank you to Debbie. [Applause] SKEHAN: Thank you. I'll be brief. I'd just like to say that this was the first year of the commission, and it's got a long way to go. There's plenty of things that they can do in town, and it'll be exciting to watch these things happen. MAYOR DICKEY: Thank you. And don't think you're off the hook. So we know where you live. So Sandy, you have yours. Tonight, we want to recognize Sandy Ursini, who was appointed to the History & Culture Advisory Commission by the town council. This was her brainchild, and we really appreciate that. Sandy dedicated many hours to researching the historical facts to update signage at Fountain Park, and the National Historic Registry for the fountain that will serve as a foundation for the commissioners, then they will use that to move forward. Her dedication to the Commission and the town of Fountain Hills is sincerely appreciated by the council, her fellow commissioners, and all of our residents. Thank you to Sandy. [Applause] URSINI: I think the History and Culture Commission is of great value to the town and will be a great resource for the future. And I just think it's a wonderful thing to do. Thank you. MAYOR DICKEY: Well, we appreciate it very much. And thank you for thinking of it and kicking it off. And I do anticipate some good things coming. Cynthia Magazine. Wow. So Cynthia, this is for SPAC. She has served with distinction on the Strategic Planning Advisory Commission since her appointment by the council in 2019. Wow. Throughout her tenure, Cynthia has been an engaged and valued member TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 11 of 63 of the commission, making important contributions to major initiatives like the 2022 strategic plan. Her experience and insights have proven invaluable in shaping the town's long term vision and goals. Cynthia's commitment to the strategic planning process demonstrates her care of this community and her desire to see it thrive. The town council and her fellow commissioners are grateful for her dedicated service and the lasting positive impact she has made through her work on the Strategic Planning Advisory Commission. Cynthia. [Applause] MAYOR DICKEY: There you go, my dear. MAGAZINE: Thank you. Well, it all started with Alan, my husband, who found SPAC first, was actually its chairman. And a few years later I decided maybe I could do that too. It was a fascinating, intellectually challenging, sometimes difficult, sometimes fun adventure. I recommend it to anyone with or without strategic planning experience, but it does help if you've had that. It was an honor to serve. Thank you so much. [Applause] MAYOR DICKEY: Thank you. Thank you, Cynthia. And now we have James Wilson from Sister Cities. Since his appointment to the Sister Cities Advisory Commission by the town council in 2020, James has served with great distinction. Throughout his tenure, James has been an engaged and valued member of the Commission, making meaningful contributions that have advanced the goals of the Sister Cities program. His considerable experience and expertise in this area have proved tremendously beneficial to the work of the Commission. On behalf of the town council, his fellow commissioners, I wish to express our sincere appreciation for James's committed service on the Sister Cities Advisory Commission. Thank you, James. [Applause] WILSON: Well, when I first interviewed for the role back in 2020, I must have left a little bit of an impression because I don't think anybody really remembers my name, but they remember my career as a rocket scientist. And evidently that was something important to the commission. Anyway, I appreciate the opportunity to serve, appreciate this TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 12 of 63 council allowing me to be part of that group. I remain part of the board of directors for the nonprofit Sister Cities, so I will still be engaged and offer my support to this commission through the other members of the board who remain as commission members in my absence. And thank you very much. [Applause] MAYOR DICKEY: All right. We're going to get a picture. Smile at the camera. Thank you so much. [Applause] MAYOR DICKEY: So now our next item are presentations. We have two, and our first one is going to be our law enforcement services update with our captain, Larry Kratzer. Welcome, Captain. KRATZER: Good evening, Mayor, Vice Mayor, and Council. Thanks for a few minutes of your time tonight to just go over some updates or topics from MCSO. One of the things I want to talk about tonight first is some holiday season safety tips. A lot of these are pretty basic, and some of them are no different than things we've talked about just in everyday life. But with this time of season, we're full speed into the holiday season. We just want to remind residents of some ways to stay safe while going out there. And then I'm going to talk a little bit about our cadet program that we've brought to Fountain Hills and inform the council and the public on what that program is and what it looks like right now and how it's growing. So for holiday safety tips, one of the things we encourage is -- or we let people know is that the holidays with all the people out shopping -- and a lot of that's done online now, which creates its own challenges and security risks. But if you are out and about, it's usually crimes of opportunities and people who are looking for those opportunities to commit those crimes. So taking small measures to help protect yourself or your family members is big in avoiding maybe becoming a victim during the time. So a lot of these you probably have heard over and over and over, and we'll just kind of reiterate them. As you always want to park in well-lit areas where other people are around. Definitely avoid dark areas, being secluded. Those are just areas that people don't see as well in. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 13 of 63 There's more opportunity for crime. Always lock and secure your vehicle. We try to impart that knowledge and that advice on people all year long, but especially during the holiday season when people are looking for items of value, packages in vehicles. And again, pay attention to your surroundings. When you park and you walk in, just look around when you come out. Especially look around. Keep purses and wallets secure on your person and your wallet close to your body. And try to shop with another person if possible; that way it just tends to help. A lot of times when people select a victim to steal from or to rob, they usually look for easy targets. And being by yourself is typically one of those things they look for. Avoid carrying large amounts of cash. If possible, use your debit or credit card. And then when you're walking to your vehicle, have your keys ready. Don't be fumbling for your keys in your purse or your pockets when you're at your car being distracted. And just take a look. Be aware of your surroundings and look in your back seat. Make sure everything is as you left it, there's nobody in the back seat. And one of the things we say all year long is try not to leave valuables in the car. Sometimes that's hard when you're shopping. You've got to stow your packages and the things you've purchased. It is a little safer in the trunk, so if you have the ability to secure it in the trunk of a vehicle, but just make sure it's out of sight. If someone sees something of value, they're more likely to force entry into the vehicle to steal the property. With lots of shopping being done online, just a couple of reminders about holiday shopping online. Only shop through trusted sites, you know, places you know that you can trust. I know there's a lot of scams out there lately that look like those trusted sites like eBay and Amazon. But just make sure that they are a trusted source and a trusted site. Prior to providing any of your personal or financial information, make sure that you're interacting with a reputable, established vendor. And then just be aware that a lot of new scams that we're seeing, I kind of hit on it, are websites that look like some of these vendors that you are aware of. And that's a scam that's been pretty heavily happening quite a bit lately. So ensure that you verify the legitimacy of the website before supplying any of your personal or financial information. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 14 of 63 I did want to move on to our MSCO Cadet program. The cadet program is a program for men and women ages 14 to 18 that may have an interest in law enforcement and/or just want to have some sort of structured program that they're involved in. We weren't sure if the cadet program would be successful out here. There was a little bit of discussion of whether or not we get the numbers. It's a lot of time commitment by the instructors and the deputies and the personnel who put it on. But after a few meetings and discussing what the program looks like and the commitment level, we committed a couple of our deputies who are on our squad five Community Action squad to assist with that program. And it's been a great program here in Fountain Hills. Back in May, our enforcement support reached out to us, and we started having conversations about them about the program coming out here, and here we are in December, and we have currently seven cadets who are full members and with a potential new member coming on. So we should have eight here soon. And then there's been a couple of emails of interest, so that group might grow. And they call it the Fountain Hills Cadet precinct out here. And they meet every week on Thursdays at the middle school, the old middle school. The Fountain Hills Unified School District has been a great partner. We met with them. They offered up the location for our weekly meetings, and they've just been really great at letting us have access to the school and the property. Some of the things that the cadet program does, it teaches cadets how to have discipline; it works and hits on physical fitness. It teaches them about adherence to policies and procedures at a young age. And it teaches them some, some law enforcement protocols and protocols in tactics. So they spend a lot of time training on certain things. So I think the cadets who are interested in law enforcement really enjoy, like, learning about traffic stops and how they would conduct those. And they get vehicles that are mild out, and they take them, and they let them practice some fake traffic stops in, you know, private property, and they get to do all kinds of things that police officers get to do in training. And one of the things that -- some of the activities they take part in is they will be supplemental -- they can be used as supplemental TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 15 of 63 security. I mean, they're in a uniform that's clearly identified as a cadet and not police officer. They look similar, but it would be hard to mix them up with an actual police officer or a deputy sheriff. But they do look like maybe your typical security guard or something to that effect. So it's added eyes and ears at some of the events. They've done car shows. They do the Ostrich Festival every year. And one of the things when we get our group established here is to maybe utilize them at some of the town events, maybe the 4th of July, maybe The Great Fair, having some of them walk around. And it's just additional supplemental bodies, and they don't cost anything, which is the great part. And for them, it's just the training and the experience that they do. They do do some fundraisers to try -- they're completely self-funded. MCSO, the office doesn't really give us a budget for that. So a lot of the things that they do in the program is that they take part of and they find creative ways -- they sell T-shirts or challenge coins, and they do get donations from members of the public so that they can have that group. And it just gives the teenager something to do, something to set their goals towards if they want a career in law enforcement. One of the things I'll highlight real quickly is last Thursday at the Fry's here in town on Shea, they held their 7th annual cadet food and toy drive, and the cadets themselves did fundraising. They raise $2,000 to sponsor four families. So there was 22 people total in those 4 families. And for those 22 people for Christmas -- they're underprivileged families -- they bought toys and groceries and foods and supplies. And that was all money that they earned themselves with their cadet program. So -- and that was fun. There's a lot of pictures that we have. I'll work with Bo to see if we want to put them on the website. But I think it was a really neat community outreach event. They talked to other shoppers. And the big thing is they're wanting to grow. So if there's other teenagers in the school district or in town that want to be part of it, we have a website that, again, I'll work with Bo to get on. It's just MCSOcadets.com. And there's fun pictures and videos on there to see what it looks like. And the commitment for a Cadet, it's a $50 one-time fee to buy your first uniform, and that's it. There's no other cost requirements for the cadet. And TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 16 of 63 the requirement for them is just to attend three meetings, weekly meetings, and they encourage the parent to come to at least one, if not all three. It's completely transparent. Parents can come to all of the meetings anytime they want, see, you know, what they're teaching the kids and what kind of things they're doing. And I think I mentioned it, they meet Thursday at the middle school from 4:00 to 6:00 p.m. And that's really all I have. But they're going to start being more involved now that we have a good number of them, seven, that we can start utilizing them in the community for some of the town events, or chamber events, or any event that, you know, they may want to have the cadets there. They've helped with parking vehicles on private lots and things of that sort. So at this time, if you have any questions about any of this or other things, I'm happy to answer questions. MAYOR DICKEY: Just going to ask him a question about the cadets. Can they use that for their volunteer hours for graduation? KRATZER: I'm glad you asked that. I did skip that. Yes. All of the hours are community service hours. And as long as they take the initiative to get the form to the cadet leader, he'll fill out those hours, and they track the hours. The other thing that's really fun for the cadets is they can earn ranks within the cadet program. So they can become a corporal, a sergeant, a lieutenant, a captain. And that's really fun for them. They learn the structure of supervisory structure, so. GRZYBOWSKI: The cadet program sounds so cool. So I assume you expect this question of me after all the emails I've sent to you over the past couple of months. I have witnessed and shared with you that I've seen a lot of urban camping, with our new definition of urban camping, whether it be people with rolling brochure racks seated at the park, or in the middle of the sidewalk, or even on common area that's not quite sidewalk. Letter to the editor talked about some teenagers that were seated at the intersection around the corner. How are you guys able to handle -- what are you doing to enforce this and how are you able to handle it? KRATZER: That's a very good question. I did somewhat anticipate that. The answer is TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 17 of 63 probably not going to be a popular one. And there's some confusion there, I believe, with the meeting we had with the Maricopa County Attorney's Office, who is MCSO's -- our legal counsel on the civil side. So anything that we do, any kind of enforcement action we take on the civil side, they're are legal counsel. It was conveyed to our executive command that the ordinance as written, the urban camping ordinance was not enforceable by MCSO due to some concerns of constitutional right concerns. And so I think in the meeting we had, I was on the phone, there was a few members from the council on the phone, and the town manager, and the town attorney. I believe that what was taken from that by the town was that it wasn't not necessarily enforceable, but there are things that the town could do in writing that ordinance in a manner that would be enforceable or would kind of shore up the ordinance. But what was conveyed to us and our agency and our executive command is that it's not -- MCAO told us we are not enforcing that at this time due to some concerns in the way that it's written. So there is an opportunity, and I've talked briefly to Rachael about the town and maybe the town attorney reaching out to MCAO to see what those requirements would be for it to be an enforceable ordinance by MCSO. So currently, as written, we are unable to enforce that ordinance. GRZYBOWSKI: This may be something that I bring back for reevaluation. Thank you. MAYOR DICKEY: Thank you. Councilwoman? MCMAHON: How long is the program for the cadets and do they have graduation, et cetera? The result? KRATZER: That's a great question. There's no formal graduation. A cadet from the start of their interest and attending the three meetings and becoming a cadet in the program, it's a five- to six-week commitment from them to join and be considered a cadet. And then they can just do it until they're 18 years old, and pretty much their payoff, if they enjoy it and like to do it, is earning rank in the -- so becoming a sergeant or a supervisor or a lieutenant, and those are kind of -- but yeah. There's no formal graduation for them. I do believe when they go through some of the training, they might hold kind of an informal, you know, you get your cadet badge, but I don't know that they're a big to- TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 18 of 63 do where, you know, people are invited to them. I think it's more of an internal process. So yeah, it just goes until they're 18 years old or till they're not interested in doing it anymore. MCMAHON: Well, thank you very much. I think that's a great program, and I do hope that their interest is retained enough for them to seriously consider becoming part of MSCO. So thank you for that. MAYOR DICKEY: Any other questions or comments for Captain Kratzer? KRATZER: Thank you. MAYOR DICKEY: Thank you. And our next presentation is going to be from David about short-term rentals. You know that the legislature over the years has added some different laws that we have been able to incorporate into our ordinances. And so this is kind of going to be a status report, update on where we stand. Thank you, David. POCK: Good evening, Mayor, Council. Sorry I'm a little behind here. I didn't have my presentation saved. All right. So yeah. If council remembers, it was about just over a year ago when we started talking about short-term rentals as far as the ordinance being able to take some action on regulating short-term rentals within the town. So this is just kind of an update to give you an idea of where we are right now. As far as some basic information, the difference between long term/short-term rentals, you can see there is basically a long-term rental is 30 days or more; short-term is 29 or less. We do have two separate tax rates for the long-term rentals. For another year and a few days, anyways, is taxed at 1.6 percent. That revenue for fiscal year '23 was just over $650,000. And like I mentioned, that will be coming to an end around this time next year. The short-term vacation rentals are taxed at our regular 2.9 percent, plus an additional 4 percent hotel/bed tax. That revenue for last year is 535,000. And that represents about a third of the revenue that's collected within that category. As far as the legislative history, it looks like every three years there's a change. So it started back in 2016. The legislature basically said that all short-term rentals had to be treated the same as long term rentals. We couldn't prohibit them and we couldn't limit the number involved with that activity. Then 2019, they did loosen those up a little bit, TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 19 of 63 allowed us to require registrations, but we couldn't collect a fee for that. And it did say that it was overnight rentals only, and it prohibited events that would require a permit. Then last year the legislature passed Senate Bill 1168 that allowed us to require annual permits with a fee and then some different various health and safety requirements. But we still couldn't outright ban short-term rentals or limit the numbers. So in November of last year, council passed Ordinance 2209 basically mirroring the legislative action, that act, requiring a TPT tax registration with the County Assessor's Office; requiring a town permit along with a $250 fee; complying with various health, safety, and welfare; notifying neighbors; posting required information on the advertisements online as well as at the location; and then maintaining $500,000 worth of liability insurance. So all of that took effect February 1st, 2023. And this is where we are now. So actually, Granicus is a vendor that identifies short-term rentals. They basically look at various websites and identify rentals that are being advertised for the town. We signed that agreement December 20th. Then Council adopted the fee. We had to go through a process for that, which required 60-day postings, that sort of thing. So that was adopted in January. Then we developed and posted an online STR application. That's going to eventually be replaced by Granicus in their online registration portal. But that's still being developed at this point. So as far as the software, we did the first portion from December of last year through March of this year. The second phase was developing the letters that can be mailed out to those individuals that are identified. And then phase three is the registration portal that I just mentioned. That was delayed a little bit because of some coding problems that Granicus was experiencing with Maricopa's data that we were sending them. That's all been resolved, and so we're making progress again. Right now there's 277 short-term rentals, and 123 of those have registered with the town. I did a little bit of background checking, trying to get some information. Granicus is used by multiple Arizona cities and towns. They had everything from about 9 percent compliance all the way up to 69 percent. So we're kind of at least in the upper half of TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 20 of 63 that. As far as the process, like I mentioned, Granicus crawls different websites, almost 60, on a weekly basis, and then those listings are matched using photographs, landmarks, descriptions, and that sort of thing. Once the address is identified, we send a letter to the registered owner of that property, and then they have 30 days to obtain a permit. If they don't receive that permit within 30 days, then code enforcement takes over. And at this point is when Dr. Wesley gets to take over. So here. WESLEY: Mayor, Council, so we have begun some code enforcement activity with regard to this particular activity. We work with David as he goes through the process and identify the homes and send out the notices. And as part of that registration, as David has already said, you know, they have to comply with -- they acknowledge they will comply with all the standards in the code. They attest that they will submit the notifications to have the liability insurance and the assessor registration. Some of the challenges that we have with the code and its implementation, for example, the letter that they send to the neighbors is required to have the permit number. They don't get the permit number unless they are already registered. And so they'll register before they actually notify the neighbors. And so that's a little bit of a chicken and egg thing that has caused some concerns and problems. The notices, they say that they will place notices on their online advertising. And keeping track of have they really placed them there, have they kept them there is a bit of a challenge to really do on an ongoing, you know, everyday basis. They're required to place certain notices inside the home. Well, unless we get in the home, we can't see they're really there. So basically we're trusting them. They have said when they register that they will comply, and so that's the approach staff is taking, unless we have some other reason to believe that they're not following through that they are doing those things. And so our primary efforts have been, as we get notice from finance, that they've sent notice and people have not responded. Our code officers begin their process of digging a little deeper into who the owners are and where the property is and starting then to follow up with notices of violation and prompting then further action on their part to TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 21 of 63 get registered. When we suspect from neighbor reports or other information that a property's been used as a short-term rental but has not otherwise been identified, the Code Enforcement Office will follow up on those and try to ascertain if they really are short-term rental or not, and then again try to get them into that registration process. And we also get occasional citizen complaints about various aspects of the operation of a home, trash being left out or some of those types of things. And so they'll follow up as we get those complaints and strive to bring them into compliance. We know that the league is looking at possible additional legislative action in the coming session. Again, trying to get a cap on the total number of homes that can be in a community, trying to establish distances between homes so that we keep more of that character in a neighborhood and don't get too many close together, and maybe even get the maximum number in specified areas of the community so that we can get all those things and can work to keep them spread out a bit more within the community. So we'll be watching that as it goes through and see what we can do to encourage those type of additional legislative changes. We may want to take another look back through our ordinance now that we've had a year, excuse me -- a year or two work on its implementation to see if there are some adjustments we should make. Is there a way to reward it so we can get the notices out to neighbors before the permit's issued so they get that notice early? Can we do a little bit more to make sure up front that they are going to actually create the various notices and send us copies, or require them at some points in the process to send us copies? There's some other things we may be able to do to be a little bit more proactive in the enforcement than we are today. If the Council would like, we can start to look at some of those things. But that's where we are today in this process. So any questions you have for either myself or David? MAYOR DICKEY: Thank you. Any questions? I do. Just a couple. So when you determine the amount of tax money that came through, then would all of those be permitted? They would all have permit numbers? POCK: Correct. For the short-term rentals, yes. All of those should have permits. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 22 of 63 MAYOR DICKEY: So they're all in compliance with everything. Otherwise, we wouldn't even know about the tax, right? POCK: Well. So as far as short-term rental tax, all of that's collected by the Online Lodging Marketplace. So Airbnb, HomeAway, VRBO, all of those reservation sites collect the tax and then remit it as a whole to DOR. So we can't track back to a specific address because they do it as just a lump sum. I think that was -- MAYOR DICKEY: So there's no path there, then, to kind of make sure the other stuff is being complied with? POCK: No. MAYOR DICKEY: Okay. POCK: Unfortunately. MAYOR DICKEY: Chances are, though, if they're registered with one of those, they probably are doing it the correct way. POCK: That's right. MAYOR DICKEY: Yeah. POCK: For sure. MAYOR DICKEY: And then the other one was, so you talk about the notice and the idea of, you know, permits, getting a permit number. If there's a complaint, does that allow us to check on these other items? So basically, I know that we can't go and make sure that they told the neighbors. You know, it's one of those things that's hard to enforce. But if we have a complaint, can we then say, did you get your permit? Did you inform the neighbors? Do you have all the paperwork and such? WESLEY: Yes. Excuse me. Yes, Mayor, we have done that on several occasions when we've had some concerns about a property. We do inquire and ask them, make sure that we go through the ordinance and what the requirements are and ask them. Are we getting into the house to actually see it? No, we're not able to do that unless they would invite us in. So we're still -- MAYOR DICKEY: Yeah. WESLEY: -- going largely on them self-reporting. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 23 of 63 MAYOR DICKEY: Well, and they're attesting -- as you said, they're attesting to it. So they're saying that they did that. And then when you get to the short-term, like, party house kind of things, I know that Airbnb and some of these others have really tried to, you know, kind of rein those in. And I think those -- we had had a lot of complaints about that. Would you say that you think that's happening less right now? I know with all the parking and everything. No. WESLEY: Captain's back there nodding his head. I have not heard about it as much, Mayor. The captain would have to say for sure what they're really seeing on their end. And we have a good working operation with them. If they see something, they get a call out, you know, on a weekend about some noise or whatever, they'll pass it on to the code staff so they can follow up with the property owners during the week and make sure they're aware of the requirements -- MAYOR DICKEY: Of what they need -- WESLEY: -- and any notices. MAYOR DICKEY: -- to do, yeah. WESLEY: Violations. MAYOR DICKEY: And that's another thing for folks to know is that there are things that happen that are enforceable, even separate from the short-term rental. So a short-term rental, if you're getting harassed, if there's too much parking or they're blocking your driveway or, you know, they're harassing, speeding, too much noise, all of those things, regardless whether it's a short-term -- so those you have to feel free to come forward and make sure that you let us know that that's happening. It may lead to a short-term rental, it may not, but that's the kind of thing that we don't have to worry about what this particular ordinance is, because those things are never allowed. WESLEY: Right. MAYOR DICKEY: Any other comments? Yes, sir. FRIEDEL: So the 56 percent that aren't registered, what's the plan? POCK: So the ones that we have addresses for, as we get them identified and get addresses on the rentals, then letters go out, like I had mentioned, and then that gives TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 24 of 63 them 30 days. We've been a little bit slow on those just so that we don't send out 200 letters and then all of a sudden we have to send 140 to John's crew. But we are doing it as fast as I think we can right now. But they will get a letter and then go through the same process as everybody else. MAYOR DICKEY: Brenda? KALIVIANAKIS: Thank you, Ms. Mayor. I'm just curious about when Granicus is going to complete its registration portal. Is there any estimated time that that's going to happen? POCK: So right now they're waiting on me, unfortunately. KALIVIANAKIS: Okay. POCK: I like -- KALIVIANAKIS: That's honest. POCK: -- I like it when the ball's in their court. But no, we've got some -- we're down to the testing part and just kind of fine tuning the questions and kind of the flow of how that application goes and what we want to have submitted as far as attachments and that sort of thing, so. KALIVIANAKIS: Okay, thank -- POCK: It should be soon. In the beginning of the new year. KALIVIANAKIS: Okay. Good. And in the implementation status of your presentation it says that they crawl 60 websites and they have a plan of how they identify these homes. When we're fully in sync with them, what percentage of these homes will be identified through their online sources and their crawling? POCK: So that portion of the program's actually already implemented. So it's being run. KALIVIANAKIS: Okay. POCK: It's mid-90s percent. KALIVIANAKIS: Oh, okay. POCK: So I mean, they do really well. It's pretty -- you know, they begin with an automated process that goes and matches photos from Zillow, from, you know, Realtor MLS type information. It's pretty neat. So -- TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 25 of 63 KALIVIANAKIS: Yeah. POCK: -- but then it actually does go through and get verified by a person at the end. So -- KALIVIANAKIS: Okay. Good. POCK: -- before we get it. KALIVIANAKIS: Thank you. POCK: Um-hum. MAYOR DICKEY: So we'll see the three items that City of Scottsdale presented to us at the league, and I'm sure it will be a league priority, and that we will support likely going forward. City of Scottsdale, Paradise Valley, Sedona -- there's just a lot of towns -- Flagstaff -- that have a lot of interest in this, so I hope to see it go forward. Senator Kavanagh has helped with this item in the past. So hopefully we'll get to see some of those things, and that'll help also. All right. Thank you very much. I appreciate all the info. Next item is call to the public. Do we have any speaker cards? MENDENHALL: Yes, Mayor, we do. We have one. Stephen Gay. MAYOR DICKEY: Thank you. GAY: Good evening, Madam Mayor and Council members. Town employees should not face harassment or be in any danger when enforcing town codes, ever. Bob Burns of the Fountain Hills Independent, sitting in the back of this room, broke some news on November 30th when he published an article regarding council member Skillicorn's threatening behavior toward town employee Pete Lucchese, who was out enforcing the new sign ordinance. The article was based on an MCSO incident report from September with bodycam footage that detailed how Councilmember Skillicorn aggressively followed Lucchese's car after Lucchese took down one or more signs placed by Skillicorn in violation of town sign ordinance. The signs had an eye tracker on them, and Skillicorn followed Lucchese closely while aggressively flashing his lights in an attempt to get Lucchese to pull over until Lucchese reached the MCSO substation at town hall. Lucchese then sought the help of MCO Dep. Lim (ph.), who had coincidentally just TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 26 of 63 arrived at the station. Lucchese told Dep. Lim that Skillicorn was, quote, driving him down like he was going to do something to me. Councilmember Skillicorn arrived shortly thereafter and, according to Dep. Lim, approached Lucchese at a, quote, quick pace with a loud, aggressive tone. Skillicorn approached Lucchese's car and tried to open the rear door, according to Dep. Lim's report. Skillicorn stated, quote, my signs are stolen. Lucchese did return the signs to Skillicorn after showing him photos of where they were placed in violation of the town's sign ordinance. Dep. Lim told Skillicorn he had no authority to follow Lucchese aggressively, trying to get him to pull over. Lim told Skillicorn that everybody has to follow the law. By the way, the sign that Councilmember Skillicorn said was his was credited to an unknown group called Arizona Taxpayers United (ph.). That group is not registered at any level of government, including federal, state, county, or town. By definition, once two or more taxpayers group together to address an issue, they must register as a political action committee once they reach a threshold expenditure. The number of signs placed indicates they have reached the threshold level of spending. Failing to register is a violation of state election law. Maybe Councilmember Skillicorn is behind this effort since he said they were his signs. More details are in the report, but this behavior is not acceptable. Our town deserves better. Thank you. MAYOR DICKEY: Any other any other comment cards? MENDENHALL: Yes, we did receive one more. Ed Stizza. MAYOR DICKEY: Okay. STIZZA: Good evening, Madam Mayor, Town Council, staff, and Aaron. Happy holidays to everybody. So I just flew in and was able to fly over Four Peaks. And I was reminded again -- I've been gone a lot over the last six months, and I was reminded again just how special Fountain Hills is. And so with that being said, certainly the same concerns as usual, right? Tonight seems to be quite a bit about ordinances and upholding them and figuring them out and making sure that we're doing the right thing. So there's a couple things as far as the ordinances are concerned, and I'm just wondering if we are really TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 27 of 63 upholding all of them. So unfortunately, before I left on my last trip, I was able to go to a Adero Canyon. And it's very disturbing. And everybody in this town should go up there and see the destruction, because that's exactly what it is. And just wondering, you know, over the years that -- my family's been here for 33 years. It seems like we have misplaced or superseded the ordinances on protecting our most valuable asset, or at least one of them, and that is our surrounding views and our surrounding land. And it seems to constantly, as we get denser -- three years ago, I really focused on four different things, and that was our density, that was our aesthetics, that was our dark skies, and our quality of and way of life. And unfortunately, it doesn't seem like we've upheld all of those and to the best that we could. And I plead with this council and the administration to just please do everything you can to protect what we have here, because there's not that much of it left. And I don't know how to get through to everybody on that. Our dark skies, we've violated them. And we could do a better job, both through ordinances and also through just paying attention to what's going on. And as I crisscrossed the country over the past several months, I really realized that, you know, most people don't take the time out to look 360 degrees around them. And I think there's a lot of people here and -- that do that also, and for whatever reason, you know. So it's not easy to get up here for a lot of people and express their concerns. Thank God we do have this forum and we're able to speak out on it. But I really think we need to do a better job. I mean, I'm not going to sit here and list everything. I will put a formal email together on the list of what I'm talking about, but I really would like to know who's protecting and policing a Adero Canyon. I really would like to know. Thank you. MENDENHALL: Mayor, that's it for public comment. MAYOR DICKEY: Thank you. Our next item is our consent agenda. Do we have a motion to approve? MCMAHON: Motion to approve. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 28 of 63 FRIEDEL: Second. MAYOR DICKEY: Thank you. Roll call, please. Sorry. MENDENHALL: Okay. There it is. Sorry. I thought I had it. There it is. Okay. All right. Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Our first item is about fire safety zones on construction sites. I know, John, you're prepared to make a presentation, but I would like to recognize Councilman Friedel. This was an item that he had requested. FRIEDEL: John, I'm going to save you some time tonight because I think I'll shoulder the blame for this, because it's not just construction sites that I was concerned with. I was concerned with the whole town. There are certain areas in this town. And my thought with this was, after talking to some residents, was to help protect their biggest asset in a lot of cases for these residents. I've heard that there's been issues with insurance companies not insuring homes. A couple of big carriers have said they don't want to insure homes in Fountain Hills due to fire risk. So that just drives up prices. It removes competition from our marketplace. So I think the misconception was it was just going to be construction sites. And I'm looking for something a little bit different than just TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 29 of 63 construction sites, because when I looked at a aerial map of this town, there's areas like Shadow Canyon, North Heights, Adero, Firerock, Balero [sic], anybody that lives near the State Trust Land, anybody that lives near the borders of the reservation -- those are all areas that are overgrown in some way, shape, or form. And so I think what I'd like to do, with Rachael's guidance, is maybe have a meeting with some of the major stakeholders, developers. I've been on the phone with former Councilman Dennis Brown a couple of times this week, and he gets where I'm going with this, but I'm not looking to have it revegetated, necessarily, but to provide protection for every residence in this town and every resident. So if we can do something like that, maybe right after the first of the year, maybe have a stakeholders meeting and get some input and make sure we do this the right way so that everybody knows what we're doing and why we're doing it. So I'll save you some time tonight, if that's okay. Rachael, can we follow up on that right after the holidays? GOODWIN: Absolutely. We can make that happen. FRIEDEL: Thank you. MAYOR DICKEY: Yes. MCMAHON: Jerry, are you talking about construction? FRIEDEL: Not just construction. I'm talking about existing homes and construction sites. MCMAHON: Okay. So John, this one's just for construction, right? Would there be another one for existing that -- FRIEDEL: We don't know yet. WESLEY: Right. MCMAHON: Um-hum. FRIEDEL: We're gonna -- WESLEY: Yeah. So we'd have to get together, discuss what the options would be -- FRIEDEL: Yeah. WESLEY: -- the best way to approach it. MCMAHON: Okay. So shall we hold off on this? TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 30 of 63 WESLEY: Correct. I think what we're -- MCMAHON: Because it's -- WESLEY: -- saying is -- FRIEDEL: Yeah. WESLEY: -- is this is being basically pulled. MCMAHON: Okay. FRIEDEL: Right. WESLEY: Yeah. MCMAHON: All right. Thank you very much. I appreciate your time. FRIEDEL: Thank you. MAYOR DICKEY: And some of the things we've talked about I'm going to send an email to you with some of the questions about the fire suppression equipment, and like you were just mentioning those areas and stuff so that we can bring it back. Thank you. Our next item is approval of a capital improvement project, the Splash Park picnic area. Rachael? GOODWIN: This is one of the projects that you might recall that we discussed through the budget process. Kevin is back tonight to look for final direction and move forward with this project. So with that, I believe he has a presentation and is prepared to answer any questions. MCMAHON: Okay. MAYOR DICKEY: I mean, you can wait until after (indiscernible). MCMAHON: Oh, okay. But it's okay. I'll wait till you talk first. SNIPES: All righty. Mayor, Councilmembers, so this is our splash pad area upgrade project that we've talked about a few different times through the CIP project proposals for this year. So for this area, you know, what all does this entail? So this is the area that -- well, let me show you the area here. So this is the area that's up next to the splash pad up near the businesses. And it's an area where turf hasn't grown in many, many, many years since apparently when the lake was drained, they left all the sludge in this area to be hauled off. And in doing so the soil there is so salty it won't grow TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 31 of 63 anything. And we've brought in quite a bit more soil, and it just keeps leaching from the bottom up and continues to be an eyesore, to say the least. So with the new splash pad going in, it's been a huge success. And with that success comes one complaint and that is there aren't enough picnic tables. There's not enough shade. So this project is designed to kill two birds with one stone. So far, we had invited all the business owners to a meeting on site to show them exactly what would be going on and talked to the property owner about their sidewalk as well. What the town will be doing on our side will be the sissoo trees will all be removed. Those are the trees that are lifting all the sidewalks and causing the issues that we're currently seeing. These were trees that were installed during the development of the Plaza Fountainside buildings as a development agreement with the town. At that time, the developers put in those trees. We'll also be putting in a 55-by-60 foot shade canopy that'll have about 20 picnic tables under it. I'm sorry. There's 15 picnic tables under it. And then we'll be doing landscaping around it as well as adding two ramadas right next to the splash pad so that there'll be three ramadas. Then that'll be right up next to the splash pad, providing a lot more areas for families to sit close to the splash pad as well as areas for the businesses to use, and for the parents to use as well. And then we'll be adding some new landscaping in there, potentially some new art, as well as some sidewalk connectivity in between the businesses and the splash pad. So we'll take a look a little bit further into that. So this is kind of an overhead view of what we're looking at over that area. The small brown boxes are kind of symbolizing the picnic tables and how they'd be placed under the shade canopies. We did pay close attention to the sightlines from the restaurants that are up there that have their outdoor seating areas to try and make sure that we would lose as small of a window as possible to the views of the fountain. And the other thing that we did was we used cantilever shade structures around the splash pad so there would be minimal legs on those. And I'll show you those in just a minute. But trying to do as small of a view block as possible. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 32 of 63 So here's kind of a look at what the large shade structure will look like. It will not be these colors, but we'll do something that will kind of blend into the surrounding areas up there. But this is our most cost effective way to get a big shade structure like this in. And then here's a look at the two locations where we're looking at putting smaller ramadas next to the splash pad. These will be metal structures. And here you can kind of see the schematics of how they're set up so that they only have two legs on the smaller one and it'll be four legs for the one that has the arch that'll be around the end of the splash pad. With that, I'll take any questions. MAYOR DICKEY: (Indiscernible)? Let's see what Gerry wants to say. Gerry? FRIEDEL: I have a couple of quick questions. So in your meeting with the stakeholders, the businesses there, have they all bought into this? SNIPES: So we invited everybody to come, and nobody showed up. And we have not heard anything positive or negative from them. All of them were emailed. There was two that responded that said they couldn't make it, but didn't have any questions at the time. FRIEDEL: And then at one time there was talk about maybe the service clubs possibly paying for one or both of those ramadas. Did we get anywhere with that yet or we still -- SNIPES: Um-hum. We have not. FRIEDEL: We have not. Okay. Have we explored that possibility yet? SNIPES: As far as the smaller ones, is that what you're saying? FRIEDEL: Yeah. SNIPES: No, we have not. FRIEDEL: Okay. Do we plan on doing that? SNIPES: We certainly can. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Did I hear you correct? Did you say we're going to be removing the trees next to the sidewalk? TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 33 of 63 SNIPES: Correct. KALIVIANAKIS: So the trees were planted by the developer? SNIPES: They were. KALIVIANAKIS: It's our land? SNIPES: On our land, um-hum. But yeah. The -- KALIVIANAKIS: The trees lifted the sidewalk, and then people have been tripping and falling and suing. I guess this would be a question for Aaron. But isn't our removing the trees kind of an admission of liability? And how is this going to affect us legally? ARNSON: Mayor and Councilwoman, I think you can appreciate that I would prefer to probably send a follow-up email in response to that question. But in general, I will also say that subsequent remedial actions generally aren't admissible under rules of evidence. So I'm not so sure that it would actually affect us. But I think in order to flesh that out and to maintain some privilege, I would probably have to demur to answer that question offline, if that's okay. KALIVIANAKIS: Okay. Thank you. ARNSON: Thanks. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. Director Snipes, just a couple basic questions. One is, how long do you think the fabric structures will last and how long are they guaranteed to last? SNIPES: If I remember right, I think there's a 10- to 12-year warranty on them. We have them several places where we've had many years with them already. And then, you know, it's certainly something that'll need to be replaced somewhere down the road for a fraction of the cost of what the entire structure is. Obviously, the metal's the big -- and the install is the big cost. SKILLICORN: And then when is this work slated to happen? Because it's just a reminder that many of the business is there, they earn the majority of their money right now during the wintertime. SNIPES: So because of the location of where it is at, and that's next to a splash pad TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 34 of 63 that's open all summer long, our goal is to have it done and open by the time that the splash pad opens in April. SKILLICORN: Does that mean -- April? So are you going to be breaking ground, like, right away? SNIPES: Um-hum. Correct. SKILLICORN: Okay. Okay. We might want to let -- we want to extra communicate with those businesses. Let them know -- SNIPES: We will. As soon -- SKILLICORN: -- what's going on there. SNIPES: -- as soon as we get a schedule together, I'll send it back to the same group that we sent our invite to and let them know. There's just no way without closing the splash pad for the summer that we could do it over the summer. SKILLICORN: Um-hum. Okay. And maybe in the future, I think that the revenue might be more beneficial than what's currently planned. But on that note, I'd just like to make a motion to approve. GRZYBOWSKI: Second. MAYOR DICKEY: Wait, wait. Do we have any cards? You can't make a motion until we see if we have any speaker cards. MENDENHALL: Yes, we do have one speaker card. Ed Stizza. THE COURT: Thank you. STIZZA: Hello again. Well, thanks for hearing me before you voted. So again, as usual, and I'm sure Rachael was part of this at some point, but they've done their due diligence and the homework, it's nice to see, because I didn't see the packet designs. So it's good that they've done all that, but I'm just wondering if everything's been done. So again, I mean, I know you've looked at the sightlines, but is it really going to look that good, I mean, down there? And this whole thing I just heard about the scheduling and not one business showed up. Not owners of Euro, not the -- nobody. I mean, that's just amazing to me. I can't believe it. Because if that was my business and it's about to get affected immediately, boy, I'd be all over this. So that's a problem. And again, this goes back to TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 35 of 63 the 360 view that I was talking about earlier. I just -- it is unbelievable that nobody showed up for such an important thing that's going to affect their business. And I understand the splash pad part of it, but this is the busiest time of the year. And bringing friends and family and everybody through town, boy, oh, boy, we've got enough bad construction projects going on that this one seems like it would be detrimental to those businesses. So -- and I'm sure everybody, like, again, has done their homework, but is this really the best design? That was the other thing. I mean, picnic tables? And shouldn't we explore more options? It's just like the umbrella that I call the circus tent over at the -- that's being proposed over at the Dark Sky Center or the Centennial Circle. I mean, look at some different designs. Make sure that we're doing the right thing. Make sure that everything's copacetic. They've certainly have looked at quite a bit of different options, I mean, as far as putting that together, but maybe there's some more. And I don't know how copacetic that's really going to go look, or I mean the actual awning or canopy is really going to look. That's a big canopy. 50 feet high by 60. Oh, my God. So -- and of course, there's something that needs to be done down there, you know, to utilize the splash park. But again, it's just looking at all options and making Fountain Hills the best it possibly can be. So that's it. Thank you. MAYOR DICKEY: Thank you. Do we have any more speaker cards? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. Just a quick question. When was the first time we talked about this item? Do you know? SNIPES: In -- FRIEDEL: I want to say it was a year ago. MCMAHON: Earlier in the year. SNIPES: Over a year ago, yeah. MCMAHON: It's been over a year. I think this is about the fifth or sixth conversation we've had. You've done two presentations or so. You're doing another presentation. I TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 36 of 63 mean, that's one of the things I wanted to ask about. And it's not you. I'm not going to hold you up. And once we're done voting, I would like to talk about this particular procedure that we're dealing with right now. So let's go ahead and vote. MAYOR DICKEY: Wait. MCMAHON: I think -- MAYOR DICKEY: Okay. MCMAHON: -- is there a motion? MAYOR DICKEY: There is a motion, but I still have questions. MCMAHON: Okay. MAYOR DICKEY: So again, we've seen it. It's in our budget. It's in our this year's budget. And that goes to what Councilwoman was talking about that maybe at some point we'll talk about which things get brought back. And I think maybe when we move forward with our next budget, we'll talk a little bit about, like in our next item too, which is, you know, the drainage. Do we have to see that one again or do we know? I think this one is kind of logical to bring back because -- you know, to see the pictures and because of the scope of this particular one. But there's going to be some and I think we'll be discussing that as we move forward. But as far as the businesses go, they're front -- and they will still be open. The front entrances are still going to be, you know, occupied. I know that a long time ago we talked about putting a bocce ball court and doing some other things, and the businesses were very supportive of getting something done in that area. So I do believe we -- Oh, Brenda, I'm sorry. Because I know we do have a motion and a second. Go ahead, Brenda. KALIVIANAKIS: Okay. Thank you, Ms. Mayor. Well, since we opened this up and as far as delayed capital improvement projects, I don't know if this is the right time to discuss it, but there are some of those projects that I wouldn't vote for that were delayed, like the revitalizing the Maricopa County Sheriff's, the locker room, which was like 125,000. MAYOR DICKEY: Just -- KALIVIANAKIS: I would -- TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 37 of 63 MAYOR DICKEY: -- just so you know, Brenda -- KALIVIANAKIS: -- on the delayed projects, I'd like to see them come back before council to be voted on. MAYOR DICKEY: I'm sorry. Just to be clear, the items that we said on November 21st at town council, all of the delayed ones will come back. This just wasn't one of those. KALIVIANAKIS: Okay. MAYOR DICKEY: So the next one is and that one is, so we will definitely see that one again. So we have a -- Gerry. FRIEDEL: I'm sorry. MAYOR DICKEY: I keep looking down. FRIEDEL: Just two points. One, this is an eyesore the way it sits right now. It's terrible. Nothing can grow there. It's a mess right next to a brand new splash pad and our state- of-the-art fountain. So I think something has to be done. And I think the businesses are far enough removed from this that it shouldn't affect their business. But I want to just make sure that we do reach out to the service clubs and offer them a stake in this. So if they're interested, then we can follow up with that, and that would bring our cost down some too. So thank you. MAYOR DICKEY: All right. So Councilman made a motion, and I don't know, did someone second? MCMAHON: Sharron. GRZYBOWSKI: I did, yes. MAYOR DICKEY: Thank you. So could we get a roll call, please? MENDENHALL: Yes, Mayor. Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 38 of 63 MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Thanks for all the work. SNIPES: Okay. MAYOR DICKEY: Our next item is one of those delayed capital projects, the drainage improvement on Kingstree. Justin? WELDY: Madam Mayor, Councilmembers, thank you for the opportunity. Give me just a moment here. This project before you tonight was actually in last year's CIP, and we were not able to accomplish, or rather achieve the goal that we had, which included a marked crosswalk in this location. After working with the mayor and council and the town manager, we decided that we needed to adjust the drainage. In doing so we were able to spend some of last year's unspent money from drainage projects and also from the sidewalk infill. I want to take a minute to just explain a little bit. This is Kingstree Boulevard right here. Saguaro down here on the right. All of this is uphill. And right here is the vertical crest of Kingstree. This street here, this one, this one, this one, this one here, they all drain down into this area, including right here near Amhurst is also the vertical crest. So all of this water comes into this area right here of this intersection. Recent changes in weather patterns has made some of the storms more frequent and more intense. In short durations, we've had long or measured rain that is unusual. This area right here is what we are talking about. So I'm going to discuss in a couple of slides here, this is phase one. All of that water comes into this area, and we've got a little old free incorporation de-watering channel here, the rest of it down and little old concrete channel that was here. This area was simply inundated as a result of the velocity of the TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 39 of 63 water coming this way, the ponding, the water shot across here, and all the water flowing southbound on Saguaro entered the northbound lanes. The water exited partially in this area right here, causing some erosion. We're going to look at that now as part of phase one. This is what it looked like prior to us spending the money. This is the Saguaro portion that shows the outdated channel that was there. I would like to note that this area right here with all the boulders in it, and these are relatively large, there's been discussion about where we keep these boulders stored as of recent. After this event, this was a vertical drop-off almost eight feet deep at the back of a curb. We filled it with these boulders two times. After the first time we had to enter this under crossing right here for carts and drainage and remove a large part of the boulders because the water simply washed them out and down into that area. This is during construction for that area I showed you. Under the direction of the town manager, we took advantage of this opportunity to install not only a scupper, but a vitally important curb ramp and extension for a sidewalk that will be needed in this area later. By doing so as part of this construction, we've reduced the cost by thousands of dollars for the next part of the sidewalk and/or drainage phase. This is what that area looks like now. As a reminder -- well, it's my first time using one of these, apparently. This area right in here is where that very deep channel was, right behind the back of curb. This is a new safety rail that we installed. This is the sidewalk extension I mentioned. And right in this area is the scupper. This right here is looking south on Kingstree, but down southbound Saguaro. This is a curb opening ramp that we added at this time. And you'll see the sidewalk extension, which reaches up to the future infill location. This provides not only a cost saving in the future, but for right now, for several people that cross in this area to walk their dog either on Kingstree or on the golf course, this is a safe haven for them to take a short break. This is the bottom of that project. This is standing in the drainage channel adjacent to Saguaro and Kingstree, looking east. This is that finished up. This is a relatively large structure. As you can see here, we have two 24-inch pipes. The reason the remainder TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 40 of 63 of this concrete is here is to deflect some of that energy off of that water, reduce the flow, and for lack of a better description, create sort of an eddy here and allow that water to enter this under crossing at a slower speed in the volumes that it's coming through. This is the next phase. I would like to note that all of those improvements were a little bit over $80,000. All of the design was in-house by the town engineer and the assistant engineer. I'll mention their names, David Janover, Andy Whistler, and myself. We utilized existing either Maricopa Association of Government detail specifications or the Arizona Department of Transportation. Phase two. I had mentioned earlier about the water overtopping in this area and eroding that slope there. Not all of the water went there. And you can see here that there is no drainage structure or any curb openings in this, so the water simply overtops the sidewalk, and it also travels downstream. I would like to point out this area here. What you can't see -- and it's not a very good vision. We'll look at a different angle. This is a berm made out of river rock and has some shrubs on top of it that was constructed by this homeowner. This is a masonry fence right here. The water that came down here overtopped this curb in this area and traveled into here, here, around in here, and eventually down onto this cul-de-sac. This homeowner took action on his own to protect his property by creating, again, this river rock berm and this masonry wall around his property. The improvements that we are making now will help support that homeowner's investment. This is what it looks like behind the curb near that area. And this is after several rounds of maintenance. Any amount of nuisance water causes this erosion. For this next phase right here, our intent is to construct a very similar but a little bit different shaped scupper. That is a drainage structure that goes under the sidewalk. This one will be shallower because under the sidewalk on that side we have Salt River Project and Cox Communications and Lumen communications, so we can't do the typical catch basin there. Out of the back of that structure will be a concrete channel that leads to the existing concrete channel and/or cart path down in the bottom. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 41 of 63 With all of that said, if you have any questions, I'll do my best to answer them. MAYOR DICKEY: Any questions for Justin before we check for cards? All right. Do we have any speaker cards? MENDENHALL: Mayor, we do not. MAYOR DICKEY: Thank you. Councilman Skillicorn? SKILLICORN: Simply a motion to approve. MAYOR DICKEY: Okay. GRZYBOWSKI: Second. MAYOR DICKEY: All right. Can we do a roll call, please? MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Thank you, Justin. Thanks. WELDY: You're welcome. MAYOR DICKEY: And your crew there. Our next item is applications for electric message center signs. So Rachael? Or would you like to kick it off, Brenda? KALIVIANAKIS: Sure. Thank you, Ms. Mayor. Just an overview of what we're going to be discussing tonight is a gentleman named Frank Quinn -- actually, he's in the room -- approached the town probably eight to ten months ago with an idea. And his idea was TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 42 of 63 to take the burned-out former Mexican restaurant as you come into Fountain Hills from the Beeline Highway. It was an eyesore. It looked terrible. It was a greeting. It's like, welcome to Fountain Hills. We have a burned-out building. So Frank said, you know what? I can take that building. I could build a nice coffee shop, call it Fountain Hills Roasters (ph.), and also put a sign company in there too. He began to do that, and they had a little trouble with the permitting because that was post-COVID. And they needed to do a multiphase permitting process because the typical process that we were doing didn't work. So he reached out to myself and Councilman Friedel. We had a meeting with him to accommodate the specialists, the engineers, the fire people, the flooring people, the building people. And so we were doing the permitting one at a time. They said, well, it's going to cost a lot more money in permits, but in order to get it done, he was willing to pay the money. And we took it to John Wesley and developmental services. And through him and the intelligent people in that department, we got it done. And so I was very thrilled that we were going to have that turned into a great business -- two business, actually -- that will provide revenue to our town and look good on the way in. And so he's begun the process. They've been framing it, they've been building it, and there's an anticipated done date. And so I really appreciated what he was doing. So that's the overview of what I'd like to talk to tonight. We recently passed the sign ordinance that even though he brought a sign company from Mesa to Fountain Hills, we banned electronic signs, which is what his business is. And so I think there was a 30-day window for anybody that wanted an electronic sign to make an application and turn it into the town. Based on that shot clock, four businesses decided that they did want to get an electronic sign, and so they made application to Frank. One of these was Francis & Sons Car Wash. From the way I understand it, they were on the decline, struggling a little bit, like many businesses are right now. We're in very tough economic times. And you talk to a lot of people and a lot of business owners in this community, and they're struggling. And so there's four entities, including Frank wanted a sign too, and said, you know, we'd like to get in on this. And so they took the applications on time and in a TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 43 of 63 timely basis, and Frank was in the process of submitting them to the town. His secretary that handles that, Veronica (ph.), she was processing the application. She processed two of them, and then she had a medical emergency. She had to get rushed to the hospital, and Frank provided proof of that. So we didn't just have to take his word, because in this day and age and this society, a lot of people fib. But it wasn't a lie. It was a real thing. She was rushed to the hospital, and they couldn't fill the two applications. And so they couldn't get the applications in for one additional day. And those applications were declined. So he reached out to me and he said, hey, Brenda, you know, we had a little problem here, explained what happened. And he said, you know, could you talk to the people in the town and see if we can, you know, make an arrangement based on the hardship? And so that's when I reached out to Rachael and to the mayor, and they were gracious enough to put this on the agenda in kind of an expedited fashion. So thank you very much for doing that for me and trying to get this out into the public hearing to see what we should do about this. It was around 18 months ago that I participated in the candidate forum. But when I was still running for office, one of the questions that they asked Cindy (ph.), Hannah, Allen, and myself was, what are you going to do with the vacant storefronts in Fountain Hills? And so we all gave our answers of what we would do to get businesses in here and fill the vacant storefronts. As we all know, that's a problem. A lot of people talk about it. What are you guys going to do to get businesses in here? And so it's important. And so now we have a chance to alleviate a problem for one of our businesses that might go out of business. And then there'll be a for-lease sign on the front of Francis & Sons Car Wash, and there'll be one less business in town. That's the worst case scenario. And I always kind of deal with worst case scenarios. So at that forum I said, we have to do everything we can to be pro-business. And I still, I hold by that. We should do everything we can to be pro-business. It was around six months ago there was an article in the Arizona Business Exchange, and I made a statement when they interviewed me that I didn't really think Fountain Hills was a TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 44 of 63 business-friendly town. And I know a lot of people said, why are you throwing your own town under the bus, Brenda? Well, you know, facts are facts. And I think that we have room to improve welcoming businesses here and keeping businesses here. And it's important that they think -- the businesses think we have their back. Okay? If they don't and if they think, well, this council and this town, they just don't care about businesses, then they won't bring them here. They won't. And we'll keep suffering. So now we're sitting here. We have a possible hardship exemption for a gentleman that is doing so much good. The projected costs for Fountain Hills Roasters was $1.5 million. Now it's up to $1.7 million. So he's got a lot of skin in the game. The people, this dais, I know that there's this, well, they didn't get it in on time. No exceptions. It's a rule. Well, we're not computers up here. The computers think in binary terms. One, zero. Yes. No. Yes. No. Yes. No. We're people. They elect people. They elect people that are going to make good judgments and good decisions. The people are relying on us to understand their problems and to work on their behalf as an elected official. That's what I do. I help people. I help constituents all the time because that's my job. And I'm not a computer and I do have compassion. And so I don't like that "we can't make any exceptions" thing. The other thing I'd like to mention is that I asked Betsy LaVoie from the chamber -- I said, this is the situation we have. What do you think, Betsy? And I think all of us respect her. And she's great. And so she said, please, support the approval of the applications for the two electronic messaging signs submitted by Brilliant Signs LED company. Due to frequent changes in the sign ordinance, businesses often struggle to understand these regulations. Considering the business's positive contributions towards our town and the Chamber of Commerce, which he is a member of the chamber, and the recent move from Mesa to Fountain Hills, let's demonstrate our willingness to collaborate with our businesses facing challenges. Additionally, it's important to note that LED signs are dark sky compliant, contrary to what people say. And I know there's a lot of common cards tonight, and many of them were, you know, we're for dark skies. We're not for LED electronic signs. These signs TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 45 of 63 are LED compliant with our dark skies laws. And so I don't think that that should be a reason that we don't approve this. The last thing I'd like to say is Frank made this very generous offer -- because he's going to have this sign that was the one that came in one day late, that they have eight- second intervals and they have a different thing. So it could be, you know, enjoying hamburgers at Wendy's, go to Phil's, that sort of thing. He offered to have eight seconds a minute dedicated to Fountain Hills promotion. So we'll have a sign coming in off the Beeline Highway, welcome to Fountain Hills. We can put anything we want on there. We can promote our festivals; we can promote our downtown; we can promote our businesses. It's really up to us what we want to promote. It was very gracious for Frank to offer that and we could use that. It'll be an exciting addition to Fountain Hills, and it will be a really nice welcome to Fountain Hills. And so I appreciate his gesture and his offer to do that. And so tonight, I would implore this council to vote yes for these one-day-late applications and let's show our humanity. It's just the right thing to do. Thank you, Mr. Mayor. MAYOR DICKEY: Thank you. Councilwoman? TOTH: Thank you. Excuse me. As most of you know, in the original sign ordinance -- or in the one we just voted on, rather, I was against the ban on LED signs. So I don't think it's going to come as a shock to anyone that I am supportive of this. I fully understand not wanting to change our ordinances, not wanting to -- how do I say -- make exceptions. But I think in a situation like this, it calls for an opportunity for government to show some compassion. It was due to a medical emergency that the deadline was missed, and obviously I'm for allowing this. MAYOR DICKEY: Sharron? GRZYBOWSKI: I know we've had a whole bunch of sign changes and sign conversations and just sign everything in the past year and a half. During the course of the last 10 years, or 11 years, or whatever it is that the electronic message signs have been allowed, has it ever been removed in any of our changes? I don't know if you want to speak to that or if that's -- no? So it's been allowed for 10 years or 11 years. And during TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 46 of 63 all of these various changes, that I know have been confusing because we're all confused too, so we've never actually taken that ability away from them in the past 10 or 11 years. Okay. So that being said, I might be talked into the new business, making an exception for them. But I'm sorry, this subject has come up over and over and over again, and the residents do not like the electronic message signs. I just want to say no to both. But I could be talked into the new business. I'll let somebody else speak now. MCMAHON: I am a hard no, to use your verbalization of it. We have been talking about this sign ordinance ad nauseum. I think this is about the seventh time in less than a year. It was a majority vote to vote this sign ordinance in and stop LED lights. And in fact, Brenda, you were so emphatic about this, you were a hard no. I hate these signs. I doubt they even comply with our dark sky community. I don't know how you can be backtracking on this. You know, and this isn't the first time that's happened. As far as the staff goes, I think it's really unfair for us to put them in a position to have to sit there and go, hmm, hmm, who are we going to make an exception for? That's not their job. Their job is to enforce the sign ordinance that the majority of this council voted in. They need the guidance, they need the consistency, and everything else in order to appropriately process applications. I'm not for exceptions. I don't think there's a compelling excuse for this. As the owner, he's a business owner. Like all business owners, you choose where you want your business. He chose a burnt-out business. He's been fixing it, I understand, for about a year and a half. I'm sure this is costing him a lot of money. But if you're a business owner, you have a business plan, you have a marketing plan, especially if you have a sign business. I would think one of the things that you would mostly pay attention to is the town sign ordinance and the requirements, size, et cetera, of what are required for a sign. And as far as the burnt-out building, while I appreciate that and it is an eyesore, I don't think it's a reason to give an excuse for a late application. Also too, as an owner, just like in law, it's up to the attorney -- the attorney accepts the responsibility of making TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 47 of 63 sure any motions are timely filed with the court. And if not, guess what? They build a statute. Then the judge doesn't care. They don't get an exception. Very rare, if at all. I think that, you know, as far as the timing of this, he's had notice, like everybody else in town, about the new sign ordinance. He's had 30 days. Who waits until the last day to file an application in case there is an emergency? You know, and as the person responsible, the owner, for filing that application, and now turning around and blaming it on his assistant, who had a private medical emergency that is now public -- I don't think that's appropriate. I think that's very unprofessional. Again, I have not heard a compelling reason to add LED signs in the entryway to our town. It's going to be like having lit-up billboards. And if you look at the architectural-ness of that particular small shopping site, it is small. They have the business -- the businesses have lighted signs on their buildings, which is acceptable and fine. They also have built-out monument signs. Wendy's doesn't have an LED sign. Another business doesn't. One has a very small one. So as far as, you know, looking and purchasing your business in that particular shopping center, you knew that going into it; you didn't take timely steps to make a change for that. And I just don't think that this is an appropriate exception request. And no offense, Brenda, but especially by someone who was so adamant about not allowing LED signs. And the Planning & Zoning Committee doesn't want them anymore either. They have sufficient signage on their property. And I think it's coincidental that a business across the street, who's been there for years and years and years, is now all of a sudden asking for an exception and has also coincidentally filed a late application. They have a lighted sign and a monument sign. I think that's sufficient. I do not want our entry into Fountain Hills to look like a lit-up billboard. I think that's distasteful and distracting. And again, I have yet to hear a compelling reason to make an exception to an item that was a majority vote and you were a hard no on in the first place. Thank you. MAYOR DICKEY: Before we go on, can I ask you if we have any speaker cards? MENDENHALL: Yes, Mayor, we do. We have -- in your packet, as Councilmember Kalivianakis alluded to, we do have one person who is in favor, and then the remaining TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 48 of 63 22 were against. In person, we have three comment cards. First, we'll have Crystal Cavanaugh, and on deck, we'll have Ed Stizza, and after Ed, Frank Quinn. CAVANAUGH: Good evening. I'm going to refer to the staff report. In the staff report it outlines that Planning & Zoning reviewed and considered modification to the town's sign regulations during the period of April through September of this year. As part of that review, it was determined that electronic message centers are not compatible with the small town dark sky nature of Fountain Hills. On September 11th, the Planning & Zoning Commission voted to recommend a new ordinance, which eliminated this type of sign and prohibited additional electronic signs. The town council, this council, voted to adopt this new ordinance on October 17th, and it was in effect on November 16th. So anyone wishing to apply for this type of electronic sign essentially had most of 2023 to do so. Most of you on this very council agreed that approving more electronic signs here was undesirable. And some also expressed concerns about being lit up like a little Vegas. If you start giving exceptions for things like a 12-foot-tall, 50-square-foot electronic sign, where does it end? Who else gets the special treatment? Who does not? What's the criteria to get the special exemption? How many days after a deadline is acceptable? Is two days past a deadline okay, or is one month also okay? This isn't some archaic out- of-date ordinance on the books that hasn't been looked at in years. It was just passed in October and went into effect in November. Would you allow me to put up a beautiful electronic orange-and-blue flashing reclaim our town sign if I now requested it? I think you get my point. We have ordinances to provide consistent guidelines to follow regarding what is acceptable here in Fountain Hills and what is not. This is nothing personal against these two applicants, but they filed past the deadline, which prohibited electronic message center signs. They will still have signage. I encourage the council to uphold the ordinance and vote no. MENDENHALL: Ed? STIZZA: Good evening again. And I want to say a couple of things about this. And again, TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 49 of 63 this goes back to my first call to the public. Here goes our dark skies. I just want everybody to tell me how good the MCO sign looks. Boy, it's a beauty, isn't it? I'll tell you, it's blowing our dark skies. So whoever approved that, whoever did that is absolutely -- it's an eyesore. That is a true eyesore. So it's a problem. It's also a safety hazard. So if you pull out of that intersection -- I know we've talked about redoing that area of roadway to turn and also whatever with entrance right there -- you have a problem. You have a big problem with the light there. It is extremely bright. Whoever approved it -- again, who's looking 360 degrees? So as you vote on this, take a real good look at continuing this. I feel bad for these owners, but my God, they should be filing something with their construction crews because how long does it take to rebuild a building? My God, that's been going on for how long now? So I feel bad for them. But at the same token, we got to stop this. We have to stop lighting up Fountain Hills. We have done enough of it, and we're continuing to do it. And the MCO signs should give you more than enough fuel to stop this. So I feel bad for the business, but at the same token, my gosh, really, let's pay some attention to what's going on. Please, please help us protect this town on some of these major issues. This is one of the things that we cherish is our dark skies. That's it. And everybody's telling you that. So please vote accordingly. And maybe this business can come up with something else. Maybe they'll change from being a coffee house too, since we have a ton of coffee places here. So now, but yeah. The whole dark sky thing really needs to be looked at. Thank God for the Discovery Center. It's going to be a great asset to this town, but we've got to look at -- I am curious whether or not you can reverse some of this stuff. The MCO signage should be questioned, and it should be questioned on a safety hazard alone. It is a problem. And if you haven't sat there and looked at that at night or coming into Fountain Hills, take a strong look at it. Get out of your car and look at it and watch what that sign does illuminating that area. So please take all that into consideration. So -- and ditto on what Crystal said. So she gave all the details. Thank you. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 50 of 63 QUINN: My name is Frank Quinn. I'm the guy that built that MCO sign. I think it's beautiful. I do want to share with you that I do respect the dark skies and there needed to be a separation between those signs, which are in violation of dark skies, and if they are, then they need to be adjusted and brought into dark sky compliance. I'm not against dark sky compliance. I've worked with other cities. The City of Mesa has a part of the sign code that has you measure the X direction, the Y direction, and based on the area you stand so far back from the sign and use your light probe correctly, and adjust the sign based on the table that they have in their sign code. Apache Junction, the same thing. They also have dark skies, and that is based on the same sort of principles, that you measure the area of the sign, and then with standing back at a certain distance because of the area, then you take the measurement and stay within the sign code. So I think it's important to respect the dark sky, but that shouldn't be the reason to hate LED signs. If they're not in compliance, they need to be brought into compliance. And we can help with that to be sure that they are compliant. Or we just turn them off at a certain time. So if that's the real hatred, then we can work together and make this a win-win situation. In terms of the insults about the business and this and that and so forth, I share with you that we were only aware of the sign code change for less than a week. And maybe we should have been, you know, watching the sign code every week. But you know, like the building code being the IBC 2018, the plumbing code, and the NEC 2017 for the electric code, we could go to work every day, we can make decisions, we can borrow money, we can employ people because it's not going to change every week. It's not going to change every month. We can go about not having to read the city council -- what's going to happen. They're going to -- yes, it's in. No, it's not in. It's over it. We have no sign code at all. It's been blown up and now it's back in. Now it's off. Now it's banned. You know, we're actually out there running our business and not watching the city council voting every week or every month. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 51 of 63 So in terms of this one, we were aware of the short time we had. We approached most all of the small businesses here, many of which want the small business. Amazing to learn when you go door to door how many businesses are truly suffering here in Fountain Hills. So there's a place where we can have a win-win. If we were all together and everyone on the board there and myself were stockholders in a restaurant, and we are all equal owners of a restaurant, we're going to open an Outback in Fountain Hills, and we get halfway under construction to learn they banned restaurants right when we're in the middle of construction -- so -- MAYOR DICKEY: I'm sorry, sir, the time is up. QUINN: Has it been -- MAYOR DICKEY: Three minutes. QUINN: -- three minutes yet? MAYOR DICKEY: Yeah. Well, I'll give you a little bit more. QUINN: Okay. So anyway, I just think that there can be a win-win situation. I know from Francis & Sons, when people go up and down the road there, if they're able to see, he has a decreased pressure pricing on pricing; everyone's going down to 2, $3 car washes. So he's got downward pressure on pricing, increased pressure on labor, and increased pressure on taxes from the city. So if you step into his shoes and you see where they're at, they have increased labor cost, downward pressure on pricing on their product, squeezing him out. And the sign would only help more of the flow that goes through here. There's a lot of money that flows through Shea Boulevard that we can direct to those businesses and to the city. So I think there could be a situation where there's a win-win for everyone. MAYOR DICKEY: Thank you. Wrap up -- QUINN: Thank you. MAYOR DICKEY: -- please. Thank you very much. Appreciate it. Councilman Skillicorn? Oh, I'm sorry. I don't know which one was on first. So Councilman, Brenda, whatever, whichever you guys decide. KALIVIANAKIS: Okay. Thank you, Ms. Mayor. Just to address a couple of things that I TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 52 of 63 just heard right now. With all due respect, Peggy, everything you said did not apply to what I said. MCMAHON: Why? KALIVIANAKIS: It was a non sequitur. It was illogical, because you're acting like I am here to reinstall the sign ordinance and to allow all LED signs. That's what your whole argument was. And that simply is not what I addressed to this audience and to the population and to this council. I was talking about a hardship exception to people that applied in a timely basis, okay, for their signs that were turned in late because it was turned over to somebody whose secretary took ill halfway in between entering these applications. And so I'm not advocating right now to restore unlimited LED signs. That's what you addressed. I'm just here saying that we should give an exception to this business. The argument that they had 11 years to do this and so we have no leniency towards them -- not true. It's not true. This council passed the sign ordinance. Like Frank said, the business owners are working. They're doing what they do. They're not checking out what we do. And so it gets put in the newspaper two weeks later, Fountain Hills passed a sign ordinance. And if you look at that article, at the very end, it said, oh, and by the way, there was a ban in LED signs in Fountain Hills. One sentence. And so they didn't have 11 years. They had, from the time we passed the ordinance, 30 days. And then if they discovered it two weeks later, like Frank said, they had 14 days to respond. These signs are $100,000 each. There's four applications. That's $400,000 worth of business. That's $12,000 worth of tax revenue to this town, okay, by just approving that. So don't give me this argument that they had 12 years. They had from the time it was in the newspaper until the cutoff of 30 days. That's one thing I'd like to say. And like I said before, these applications were taken in a promptly, timely basis. They were remitted to Frank. And due to this hardship, they were just turned in one day late. And so that's the only issue we're talking about here, is are we going to be a business friendly town? And when there is a valid reason, a valid provable reason to file it one day late, or are we going to listen to that merchant and are we going to help them out, TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 53 of 63 or are we going to just stand our ground? So I just I'd like to clarify that because we're not talking about reinstating the sign ordinance. We're talking about helping a man and four businesses get this thing done. MAYOR DICKEY: Councilman Skillicorn? SKILLICORN: Thank you, Madam Mayor. You know, there's a saying what happens in Vegas stays in Vegas, right? And I was at a trade show there about a month ago. And you know, it is very impressive to see the big lit up sphere and to see the motion, and basically it's like a movie theater going down the strip. But Vegas is a type of place I want to visit; it's not a type of place that I want to live. I love Fountain Hills. I love being a small town. I love that it's dark. I love that it is neighborly. These electronic signs are not neighborly. If you go to Madison Square Garden in New York City, great. It's great to visit. It's not where you want to live. And this is the type of community that I want to live in that is dark and quiet and homey, homely. It feels like home. And just giving an example. Just last evening I'm on Saguaro Boulevard. I had just left 87, so I was going westbound and I was going to turn north. I'm sorry, it's Shea Boulevard. And I was going to turn north on Saguaro, and literally the MCO sign lit up so bright, to see the lanes painted in the road, I had to go like this and block the sign. Now, I know that they can adjust the sign. I know it can be turned down, but it's not in effect right now. It's not even compliant right now. And this is a trend that I see. These electronic LED signs are not neighborly. And to the other people that -- other organizations that submitted them, please don't. Please don't go through with it. It's not something we want for our town. And I'm going to vote no for this. And I was adamant about this, and I was so glad that Planning & Zoning added this. I didn't ask Planning & Zoning to put this in there, but they unanimously put into the zoning requirement to ban these LED signs. I thank them for that, and I thank this council for passing regulation against them. So I would like to keep this in effect. I will be a no vote on this. And I don't want these signs in town. And to the other people that are putting them up that slipped in, frankly, I wish you weren't able to slip in and do that, and please reconsider because it's not very neighborly. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 54 of 63 MAYOR DICKEY: Vice Mayor? GRZYBOWSKI: I will have to say I don't think I was talked into even approving it for the new business. I don't think that any of the signs violate our dark skies. But I would like to suggest that staff look into the MCO sign at night and just to confirm that. But I don't think that any of them do. I don't agree with making the exception based on the fact that we're going to get tax dollars out of it. I don't approve of that at all. If you are considering accepting this because of an eight-second-per-minute advertisement for Fountain Hills, then I would ask that you consider that we get that in writing instead of just asking the gentleman to nicely do it for the rest of our lives. And I appreciate that we didn't know that that part of the sign process was changing, that the electronic message signs was changing until well after the council meeting and there was only a week or two weeks or whatever that was. I appreciate that. However, you own a sign company. You are moving to Fountain Hills. As a businesswoman, I can't overlook the fact that I'm building a business. One of the first things I'm going to do is go to town hall and say, hey, John Wesley, what are the rules? What can I do? The fact that he -- I appreciate that we didn't know until the paper came out, but I'm sorry. I just did not get sold to that. I will be a no. And if Councilman Skillicorn actually made a motion over there, then I'm going to second that motion. Thank you. SKILLICORN: I didn't make a motion. GRZYBOWSKI: Okay. Then I will make the motion to deny both applications. MAYOR DICKEY: We can take a second and continue discussion for a second. SKILLICORN: I would prefer a motion to approve and vote no. MAYOR DICKEY: Uh. GRZYBOWSKI: What? MCMAHON: What? MAYOR DICKEY: Oh. So you made a motion to deny? SKILLICORN: If someone else wants to second -- TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 55 of 63 GRZYBOWSKI: Oh. SKILLICORN: -- that's fine, but -- GRZYBOWSKI: Okay. I see what you're saying. So to make it more logical, you would rather vote no to an approval -- SKILLICORN: Right. GRZYBOWSKI: -- because -- okay. MAYOR DICKEY: Would you like to amend your motion? GRZYBOWSKI: Sure. I'll amend my motion to approve both applications. It does make it a little easier to say yes or no that way. MCMAHON: Wait a minute. MAYOR DICKEY: Hold on a second. MCMAHON: That sounds backwards to me. MAYOR DICKEY: No, we're good. SKILLICORN: No, no, we're fine. MAYOR DICKEY: We're good. MCMAHON: Okay. MAYOR DICKEY: Let -- SKILLICORN: I would second that. MAYOR DICKEY: Okay. So and we are not done speaking about this, but there's a motion on the table to approve, and a second, and then we will vote on that. MAYOR DICKEY: So -- MCMAHON: One second. I want to know what they're approving. MAYOR DICKEY: So next -- MCMAHON: Okay. MAYOR DICKEY: -- is -- MCMAHON: Okay. MAYOR DICKEY: -- is Hannah. MCMAHON: Okay. Thanks. TOTH: Thank you, Mayor. I just want to address three of the main topics I've been TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 56 of 63 hearing, one on Dark skies. The town does already require that electronic LED signs are dark sky -- MAYOR DICKEY: Compliant. TOTH: -- compliant, friendly. Dark skies, we often have -- just a small sidebar, but I promise I'll keep it short. We've been talking about this for 40 minutes. Dark skies, we often have a misperception that it means no light. It does not mean no light; it means shielded light. It means that the light isn't being directed upward. So although a light can be possibly very bright and be illuminating an area, it is not necessarily affecting the light pollution of the sky, which is what dark skies would therefore be concerned about. Second of all, I want to make it very clear that the reason I am a yes on this has nothing to do with an offer for the advertisement, with tax money, with the idea of whether or not Fountain Hills is business friendly. I do believe we're a business-friendly town. I believe there's improvements that we can make, just like in any other municipality. But overall, I believe the majority of this council does keep business owners at heart. The reason that I'm a yes on this, once again, is because being a business owner, and yes, a sign business, but when LED signs were allowed for the last ten years or so, and I assume during that conversation that he may have had when he moved to Fountain Hills to start his business with John Wesley, John said, yes, we allow LED signs. And then, yes, there's different conversations happening about the sign ordinance. I can understand checking in here or there, but I can also see why 30 days wasn't quite enough time. When the paper announces it two weeks later, and that's where you find out about it, and you're busy running your business, we put this gentleman in a very difficult position, and I want to be very mindful of that. The fact that he still made the effort to make that deadline and was held up by a medical emergency, this is such an extreme situation that I don't see happening again, that this isn't something to me that I'm worried about what precedent it sets. It's not removing the ban on LED signs, which I did disagree with in the first place. They're $100,000 signs. I don't think -- the vast majority of businesses would not be able to afford them anyway. And then second of all, they're not Vegas-style signs. I'm very TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 57 of 63 confused by the Vegas language. I've been to Vegas. We're a very, very different town, morally, light-wise. Just throwing it out there. Age demographic. Anyway, I'll hop off my soapbox now. SKILLICORN: Hmm. MAYOR DICKEY: Councilwoman? MCMAHON: I'm not reiterating or revoting about the signed ordinance at all. I'm addressing what's in front of me on this agenda item, period. And that's what I addressed. I specifically talked about this particular business and I talked about the process. And I also talked about how -- what you said and how you treated these LED signs yourself. That's it. So I'm not going back through the sign ordinance. I hope to heck we don't because, again, it's been like seven times we've done this. It has been in the newspaper every single time we've talked about the sign ordinance. Everybody gets the same notice. KALIVIANAKIS: No. MCMAHON: So -- and again, I do not think that there is a compelling reason to make an exception. Period. MAYOR DICKEY: Brenda? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. I think the first time this was in the newspaper was after we passed the ordinance. And so I think that's a misstatement that it's been in the newspaper several times. I had my light on, and Councilwoman Toth kind of stole my thunder, because in your very thoughtful reply, you answered just what I wanted to say. If there are certain signs that aren't dark sky compliant, then that's what we have code enforcement for and they can adjust the signs to make them compliant. And then the other thing I'd like to address was what the vice mayor said, and this Hannah repeated, is, yeah, when Frank did come to this town a year ago and had that conversation with John Wesley and said, hey, is this a LED-friendly town? He's like, sure, you can put them in there. So you know, to say that he didn't do his due diligence, I think, is insulting to him. He did his due diligence, and LED signs were welcome when he TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 58 of 63 came to town. MAYOR DICKEY: Hey, John, I'm sorry, but I have a couple of questions. One would be this compliance discussion on other LED signs. Is there a way -- like, I know that Ed mentioned approval. Well, we don't approve the signs because they were in the sign ordinance. So anything that came in since 2012, we never had to approve or anything. How can you address the compliance issue with dark skies on some of these? WESLEY: Yes, Mayor. We do get complaints from time to time about some of the signs. And there are specific requirements in the code for the nighttime lighting. Measurements have been done. Adjustments have been made where necessary. We've not received any complaints about the MCO sign. They are, particularly these newer ones like that, are preprogrammed through their computer software that automatically adjusts them to the correct settings. And so my belief would be that that's what happens with that particular sign as it does with others. If we need to go out and have it tested, which we can, and when we do find and find any violations, like all things, we notify the owner to address it and bring it into conformance. MAYOR DICKEY: So thank you. So as far as you know, the signs that we have, because there are a few others in town, of course, are in compliance, and if they're not, we do the tweaking. So that will happen. WESLEY: Right. MAYOR DICKEY: I would like your take on the permitting delay issue. Is that something that we're being blamed on or the issue of permitting being so confusing and all these different steps, and what is that about? WESLEY: I guess I'm not sure, Mayor, because I don't think it's confusing. We had a strong complement a few weeks ago when we held our Developers Advisory Forum about how easy it is to process applications here with the software we have. So yeah. I'm not sure what the issue there is or confusion might be. MAYOR DICKEY: So there's no delay or issue on our part to prevent this from moving forward or the work on the building itself, because it has been presented when this item came up and then again tonight that there was some issues with the permitting. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 59 of 63 WESLEY: Well, Mayor, okay. Going back specifically to that issue, Mr. Quinn was having some challenges with the different subs and being able to submit a total package at one time like we normally see and would normally process. And so after meeting with him and with the two council members, we did agree to modify our process a little bit and take things in pieces and process them that way to help him move along a little faster to get him to a permit. MAYOR DICKEY: So council people had to change our process; is that what you're saying? WESLEY: Well, with some understanding, meeting with Mr. Quinn, and discussing with him the problems that can be created when we take things in pieces, and his understanding about what those were and how it might affect his project, we work with him to agree that upon the steps to be taken to do things a little bit out of the ordinary process. MAYOR DICKEY: Um-hum. WESLEY: As I recall, he ended up getting everything all together and submitting all at once, ultimately, instead of really doing the pieces that we talked about. MAYOR DICKEY: Okay. So any talk of this being delayed is not the fault of the town or your department or anything? WESLEY: I don't believe so, Mayor. MAYOR DICKEY: Thank you. I have another just to remind me. The sign ordinance that was originally passed by this previous council, that was passed in November of 2021. Do you remember that? WESLEY: Yes. MAYOR DICKEY: Okay. So we had a sign ordinance in place since November of 2021, and now I'm done asking you questions. So now what we're hearing is all this confusion and all these complaints about the sign ordinance changing over these years, and I am not -- over the two and a half years or whatever it was. And some of us up here never voted to change it in the first place, and it would have been in place with the electronic signs. TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 60 of 63 Let's even go back further. On the council in 2012, I voted no for the sign ordinance simply because of these electronic signs. So it was five to two; it passed. Electronic signs went into place in 2012. I would never want this town to be a part of that, though. I would never want eight seconds or anything. I don't want to participate with an electronic sign that I didn't want in 2012, and why would I do anything to add to the ones that we now have? Again, the majority of this council agreed with P & Z to prevent more. Let's just take the sign part out, the electronic part out of it. That said, we're supposed to be fair and consistent in our ordinances and our rules. We should back staff, and they're trying to enforce laws that we put in place. We're enacting them. And so we need to refrain from undermining them on the decisions that they have to make by allowing exceptions and creating doubt in residents and in businesses and in staff. That's being business friendly. I am pro-business. I'm pro all of the businesses who have to comply with the laws that we have in place. And the staff and the entire community should know what's expected of them. And granted, all these changes in the sign ordinance since 2021 have made it difficult. But again, the newspaper thing, I don't really buy that because it was in P & Z; it was on an agenda before. So the meeting was September 11th. Yeah. But before that, I mean they have an agenda that has it out there, so you know that signs are being discussed. Then they take electronic signs away. That's known. Comes to us, and then there's a month even after we voted to do it. So I don't think we should be continuing to second guess. We continue this pattern of revisiting seemingly every decision we've made in the last two years. I can't support overriding this ordinance, and I won't do that. And that's just the way I feel about it. I think, Gerry, you're next. FRIEDEL: Thank you, Mayor. Frank, I just want you to know that this is not an easy decision for this council. We appreciate the fact that you have your business here in town. And I don't think we hate LED signs. We are business friendly, but deadlines are important, and it's a part of the ordinance, and I can't see myself getting past the deadline issue with this request. So I just want you to know, we appreciate the fact that TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 61 of 63 you have your business here. We think it's going to be great for the town. And in fact, Brenda and I felt that so much that we went to schedule a meeting with John to help streamline the process for you when you were having problems with supplies and subs and contractors and that sort of thing. So I hope that shows you that we do appreciate the fact that you're in our town. But again, I can't see myself getting past this deadline issue. I'm sorry. MAYOR DICKEY: Hannah? TOTH: I think I was just going to request if we could go ahead and vote. MAYOR DICKEY: Okay. I don't think we need to vote on that. I think -- I mean, you're calling for the question, but I think we're in agreement. TOTH: Yeah. I don't want to officially say call for the question. MAYOR DICKEY: I got you. TOTH: Can we just -- MAYOR DICKEY: Thank you. Appreciate it. All right. We have a motion and a second to approve the LED sign. MCMAHON: Two. MAYOR DICKEY: So let's do a roll call vote, please. MENDENHALL: Councilmember McMahon? MCMAHON: So -- MAYOR DICKEY: It's a motion to approve the exception. MCMAHON: I don't want to approve the exception. MAYOR DICKEY: Right. So vote no. SKILLICORN: Vote no, yep. MCMAHON: Because the motion's written differently. So no. MENDENHALL: Yeah. MCMAHON: I don't want to approve it. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 62 of 63 FRIEDEL: Nay. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Nay. MENDENHALL: Mayor Dickey? MAYOR DICKEY: No. Thank you, everyone. Our last item is discussion direction to town manager. We did have some speakers. Rachael, one was about the Maricopa County Attorney. So we have to bring back those ordinances, I think, in some way, or make them -- I don't know. I mean -- GRZYBOWSKI: Are you talking about the urban camping -- MAYOR DICKEY: Yeah. GRZYBOWSKI: -- because that's -- MAYOR DICKEY: Because I don't want to have something on the books -- GRZYBOWSKI: -- I was going to request that. MAYOR DICKEY: -- that's unenforceable. So -- MCMAHON: That's not right -- MAYOR DICKEY: -- we either can change it -- I'm sorry. MCMAHON: It's not -- MAYOR DICKEY: Yeah. MCMAHON: -- enforceable anyway right now. MAYOR DICKEY: So this is direction to look into that. MCMAHON: Right. MAYOR DICKEY: Yep. Number two, the fire buffer item will be brought back. And whatever you need for that, let us know. And then, Ed, well, you had brought up -- oh, there you are. You brought up, I think, some stuff about some areas in town, and you said you might be emailing us. But I just TOWN OF FOUNTAIN HILLS DECEMBER 5, 2023 TOWN COUNCIL MEETING MINUTES Page 63 of 63 wanted to point out that some areas you're talking about are private property, so there's just so much our ordinances and such take care of. But we look forward to seeing your email and addressing that. Did anybody hear any other comments that they think need to go to town manager? No. Okay. Our last item is our future agenda items. Brenda? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. What I'd like to put on the future agenda is for us to give our town staff guidance on artificial intelligence and its implementation in our town. It's a really important issue, and a lot of other towns have been looking into that just so we can -- just the council can set a policy for our staff on how we go forward with this technology. I don't know if anybody saw the 60 Minutes report this weekend, but right now, this week they're unraveling this quantum computing that is going to take even the fastest supercomputer that we're using right now and make it -- they're going to make them obsolete. It can compute what would take a million years by the most current supercomputer and do all those calculations in 15 minutes. And so as artificial intelligence starts coming into businesses and into municipalities, I think our town staff needs direction on how to proceed. So I'd like to put that on a future agenda. MAYOR DICKEY: Thank you. How do I know it's really you saying that? Any other items? We're adjourned. Thank you. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on December 5, 2023, at 7:56 p.m. TOWN OF FOUNTAIN HILLS _______________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 5th day of December 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th Day of January 2024. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for FH Elks Lodge No 2846 for Irish Fountain Fest at Fountain Park on March 16, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Samuel Coffee, representing the FH Elks Lodge No 2846, submission to the Arizona Department of Liquor. The applicant and FH Elks Lodge No 2846 are keenly aware that the final issuance of a liquor license, as well as approval to hold the Irish Fountain Fest at Fountain Park on March 16, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health. All special event liquor license applicants are required to submit an application and pay a $25 fee for processing. Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309. Risk Analysis NA Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments Special Event Liquor License Application Form Review Inbox Reviewed By Date Finance Director David Pock 12/20/2023 08:39 AM Town Attorney Aaron D. Arnson 12/20/2023 09:26 AM Town Manager Rachael Goodwin 01/08/2024 09:43 AM Form Started By: Ryan Preston Started On: 12/20/2023 07:22 AM Final Approval Date: 01/08/2024 ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for Wilderness Volunteers for a beer garden in conjunction with the Aravaipa Running, LLC Mountain 2 Fountain race on March 03, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Carrie Henderson, representing the Wilderness Volunteers, submission to the Arizona Department of Liquor. The applicant and Wilderness Volunteers are keenly aware that the final issuance of a liquor license, as well as approval to hold the Mountain 2 Fountain race on March 03, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health. All special event liquor license applicants are required to submit an application and pay a $25 fee for processing. Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309. Risk Analysis NA Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments Special Event Liquor License Application Form Review Inbox Reviewed By Date Finance Director David Pock 01/08/2024 08:02 AM Town Attorney Aaron D. Arnson 01/08/2024 08:48 AM Town Manager Rachael Goodwin 01/08/2024 09:44 AM Form Started By: Ryan Preston Started On: 01/04/2024 02:20 PM Final Approval Date: 01/08/2024 ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for the Town of Fountain Hills for a beer garden in conjunction with Music Fest on April 06, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Ryan Preston, representing the Town of Fountain Hills, submission to the Arizona Department of Liquor. The applicant and Town of Fountain Hills are keenly aware that the final issuance of a liquor license, as well as approval to hold the Music Fest on April 06, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health. All special event liquor license applicants are required to submit an application and pay a $25 fee for processing. Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309. Risk Analysis NA Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\SPECIAL EVENTS\Special Events\Liquor Apps\2024 Form Review Inbox Reviewed By Date Finance Director David Pock 01/08/2024 08:02 AM Town Attorney Aaron D. Arnson 01/08/2024 08:48 AM Town Manager Rachael Goodwin 01/08/2024 09:43 AM Form Started By: Ryan Preston Started On: 01/04/2024 03:21 PM Final Approval Date: 01/08/2024 2/6/2023 Page 1 of 3 Individuals requiring ADA accommodations please call (602)542-2999 CSR: Amount: Arizona Department of Liquor Licenses and Control 800 W. Washington St. 5th Floor Phoenix, AZ 85007 (602) 542-5141 Application MUST be submitted to the Department of Liquor 10 days prior to the event. SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: (Must be an Officer/Member of the Non Profit Entity) Last First Middle 2. Applicant’s mailing address: Street City State Zip 3. Applicants home/cell phone: Applicant’s business phone: 4. Applicant's email address: 5. Special Event Name: 6. Name of Non-Profit Organization, Candidate or Political Party/Gov.: 7. Non-Profit/IRS Tax Exempt Number: 8. Arizona Corporation Commission File #: If out of State please specify: (Attach letter of good standing) 9. Event Location Name: 10. Event Address: Dates and Hours of Event - Days must be consecutive and may not exceed 10 consecutive days. DLLC USE ONLY Job #: Date Accepted: CSR: License #: **SEPARATE APPLICATION FOR EACH “NON-CONSECUTIVE” DAY** Days Date Day of Week Event Start Time AM/PM License End Time AM/PM DAY 1: DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: SPECIAL EVENT LICENSE APPLICATION FEE $25.00 PER DAY 2/6/2023 Page 2 of 3 Individuals requiring ADA accommodations please call (602)542-2999 SECTION 2 What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) _________________Number of Police _________________ Number of Security Personnel Fencing Barriers Must explain security measures: SECTION 3 What is the purpose of this event? On-site consumption Off-site (auction/wine/distilled spirits pull) Both How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Check one of the following boxes. (R-19-318) A)  Special Event being held on an unlicensed premises will require approval and signature by the Local Governing Body on page 3. (If checked move to section 4) B)  Will this event be held on a currently licensed premises and within the already approved and licensed area? (Must attach a letter from the licensed premises with an explanation of the option checked below) Name of Business License Number Phone (Include Area Code) Place license in non-use - Special Event Licensee selling all alcohol without retailer involvement Must attach letter from the location suspending license for duration of special event Dispense and serve all spirituous liquors under retailer’s license – Business operates normally, minimum of 25% of gross revenue from alcohol sales is donated to licensee Dispense and serve all spirituous liquors under special event - The special event licensee is in charge of selling alcohol that was purchased or donated by the special event licensee. The retailers existing alcohol inventory must be separated from any alcohol used during the special event. Must attach letter from the location suspending license for duration of special event Split premise between special event and retail location - Both the special event licensee and the retailer will conduct sales of alcohol. (These sales will be done in separate areas. If alcohol is donated or purchased by the special event licensee it must be in a separate area than the alcohol that is dispensed by the licensed retailer.) Off Sale only - Wine/Distilled Spirits Pull, Live or Silent Auctions – Retailer will still be permitted to conduct all normal sale and service of alcohol. SECTION 4 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years?  Yes  No If yes, attach letter of explanation. 2. How many special event days have been issued to this organization during the calendar year? 3. Is the Organization using the services of a Special Event Contractor? (A licensee can utilize the services of a special event contractor who may purchase and sell alcohol on behalf of the licensee. If no special event contractor is listed, the licensee is responsible for the sales and service of alcohol. )  Yes  No If yes, please provide the Name of the Special Event Contractor: 4. Is the organization using the services of a series 6, 7, 11, or 12 licensee to manage the sale or service of alcohol? (Licensees who hold a series 6, 7, 11, or 12 license are automatically qualified to be the special event contractor)  Yes  No if yes, please provide the Name of Licensee: License #: 5. List the name of the Individual or Organization that will receive revenues, MUST EQUAL 100 PERCENT. Attach additional sheet if necessary. 2/6/2023 Page 3 of 3 Individuals requiring ADA accommodations please call (602)542-2999 Date Received: ______________________ I, ____________________________________ _____________________________ recommend APPROVAL  DISAPPROVAL (Government Official) (Title) On behalf of _____________________________, _____________________________, _____________, (City, Town, County) Signature Date Phone Name: Percentage: Address: Street City State Zip Name: Percentage: Address: Street City State Zip Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. NO ALCOHOLIC BEVERAGES SHALL LEAVE A SPECIAL EVENT UNLESS THEY ARE IN AUCTION WINE OR DISTILLED SPIRITS PULL SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE. SECTION 5 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local governing body before submitting to the Department of Liquor Licenses and Control. Please contact the local governing board for additional information. APPLICANT SIGNATURE LOCAL GOVERNING BODY The local governing body (city, town or municipality where the fair/festival will take place) may require additional applications to be completed and submitted. Please check with local government as to how far in advance they require these applications to be submitted. Additional licensing fees may also be required before approval may be granted. AZDLLC USE ONLY ATTACH DIAGRAM Declaration: I, (Print Name) , declare under penalty of perjury that I am authorized to submit this application. I have read the contents of this application, and to the best of my knowledge believe all statements made on this application to be true, correct and complete. Signature APPROVAL  DISAPPROVAL BY: _______________________________ DATE: _________________________ ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for Fountain Hills Chamber of Commerce for a wine walk on the avenue on February 02, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Tammy Bell, representing the Fountain Chamber of Commerce, submission to the Arizona Department of Liquor. The applicant and Fountain Hills Chamber of Commerce are keenly aware that the final issuance of a liquor license, as well as approval to hold the Wine Walk on February 02, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health. All special event liquor license applicants are required to submit an application and pay a $25 fee for processing. Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309. Risk Analysis NA Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\SPECIAL EVENTS\Special Events\Liquor Apps\2024 Form Review Inbox Reviewed By Date Finance Director David Pock 01/09/2024 07:05 AM Town Attorney Aaron D. Arnson 01/09/2024 08:29 AM Town Manager Rachael Goodwin 01/09/2024 10:48 AM Form Started By: Ryan Preston Started On: 01/08/2024 05:32 PM Final Approval Date: 01/09/2024 ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for the Fountain Hills Chamber of Commerce for a Wine Tasting at the Fountain Hills Spring Festival, Feb. 23 - 25, 2024. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Tammy Bell, representing the Fountain Chamber of Commerce, submission to the Arizona Department of Liquor. The applicant and Fountain Chamber of Commerce are keenly aware that the final issuance of a liquor license, as well as approval to hold the Wine Tasting at the Fountain Hills Spring Festival, Feb. 23 through 25, 2024, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health. All special event liquor license applicants are required to submit an application and pay a $25 fee for processing. Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309. Risk Analysis NA Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\SPECIAL EVENTS\Special Events\Liquor Apps\2024 Form Review Inbox Reviewed By Date Finance Director David Pock 01/09/2024 07:05 AM Town Attorney Aaron D. Arnson 01/09/2024 08:29 AM Town Manager Rachael Goodwin 01/09/2024 10:48 AM Form Started By: Ryan Preston Started On: 01/08/2024 05:37 PM Final Approval Date: 01/09/2024 ITEM 8. G. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-02, abandoning a 10' Public Utility and Drainage Easement along the east side of 11415 N Buffalo Drive (Application A23-000015). Staff Summary (Background) This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easement along the east property line of Plat 605-D, Block 6, Lot 13 (11415 N Buffalo Drive). Vinod Sontineni, the owner of the property, is planning to construct a pool and pool deck, which will encroach into the existing easement. Staff have reviewed the site to determine the potential on-site drainage issues in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property. All public utilities have approved the abandonment of this easement. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2024-02 SUGGESTED MOTION MOVE to adopt Resolution 2024-02 Attachments Attachments Vicinity Map Aerial Photo Map Res 2024-02 Exhibit A: Survey Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/04/2024 12:31 PM Town Attorney Aaron D. Arnson 01/04/2024 01:31 PM Town Manager Rachael Goodwin 01/08/2024 09:46 AM Form Started By: David Janover Started On: 12/07/2023 05:02 PM Final Approval Date: 01/08/2024 BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FO U N T A I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PA N O R A M A D R FI R E R O C K C O U N T R Y CL U B D R CR E S T V I E W D R SIERRA M A D R E GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HI L L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 11415 N BUFFALO DR A23-0000015 DEVELOPMENT SERVICES A ll that is A r i z o n a F O U N T AIN HI L L S T OWN OF INC. 1989 ZONING: R1-8 LOT 13 LEGEND: PHOTO MAP 2022 AERIAL A23-000015 LOT 1 E MUSTANG DR ABANDON 10' P.U.E. & D.E. LOT 12 N B U F F A L O D R RESOLUTION 2024-02 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE- INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE EASTERN PROPERTY LINE OF PLAT 605-D, BLOCK 6, LOT 13 (11415 N BUFFALO DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 164 OF MAPS, PAGE 15 WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easements, located at the EASTERN property line of Plat 605-D, Block 6, Lot 13 (11415 N Buffalo Drive) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 164 of Maps, Page 15, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills January 17, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney EXHIBIT "A" TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT LOT 13 A23-000015 ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language): HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: REZONE approximately 6.7 acres generally located at the southeast corner of Shea Blvd. and Technology Drive (site address: 16815 E. Shea Blvd) from C-2 P.U.D (Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to allow for a development consisting of a 316-unit, 4-story residential community. Staff Summary (Background) Introduction Sandor Development has submitted a rezone request for a 6.7-acre portion of Four Peaks Plaza (also known as the Target center) located at the southeast corner of Shea Blvd. and Technology Drive. The subject property, currently consisting of three tax parcels, is the site for a proposed four-story, 316-unit, wrap residential community. The existing zoning is primarily C-2 (Intermediate Commercial) and overlaid by a Planned Unit Development (P.U.D). Although undevelopable, the Cereus Wash to the north, running parallel to Shea Blvd., is zoned IND-1 (Planned Industrial) and is included in the zone change request. The proposed community will consist of 1, 2, 3-bedroom unit configurations with an overall density of approximately 47 dwelling units per acre on the 6.7-acre site. The developer's intent is to redevelop this portion of the commercial center, which is largely vacant, with new housing opportunities and add to Fountain Hills' diverse inventory of residential options. Section 23.06 of the Fountain Hills Zoning Ordinance (FHZO) establishes the requirements and standards for a Planned Area Development (PAD) application. Part of the approval of the PAD zoning designation is approval of a Development Plan for the property. Section 23.06 C lists the following requirements for a Development Plan: The town-approved version of the Site Plan submitted according to Subsection 23.07(B); The master water, sewer, and drainage plans and the traffic analysis as required by Subsection 23.07(C); The project narrative provided according to Subsection 2.04(C); and, The phasing plan submitted according to Subsection 2.04(C). Existing Conditions The 6.7-acre subject property is bound by Shea Blvd. and single-family homes approximately 400 feet to the north, industrial zoned property to the west and south, and the balance of Four Peaks Plaza to the east, including the Target store. Although zoned for IND-1 (Planned Industrial), the property directly to the west is a Town-owned tract and remains undeveloped. The General Plan accurately describes the Shea Corridor as "low intensity, auto-oriented, strip retail development" with buildings of "one story and setback from the street in parking areas with limited interconnectivity". The subject property is part of the 29-acre Four Peaks Plaza, which is anchored by Target and supported by other retail establishments including PetSmart, Dollar Tree, and Bealls Outlet. Restaurant establishments include Streets of New York and Subway. Although several businesses continue to operate throughout the center, a large portion of the plaza has remained vacant for several years, and some suites have remained unoccupied since they became available for lease in the early 2000s. The subject property is completely graded and gently slopes down toward the drainage channel to the north. The largest of the three parcels within the subject property is 4.5 acres and contains a 40,000 sq. ft. (approx.) commercial pad building with a total of 13 commercial suites. Only two of these units are currently occupied by tenants, including the Dollar Tree and a nail salon, but the remaining units are vacant and have remained unoccupied over the past few years. There is also a 3,300 sq. ft. (approx.) vacant commercial pad building adjacent to the drainage channel along Shea Blvd., which is also adjacent to an unbuilt commercial parcel. Surface parking is provided for the subject property and is currently shared with the rest of Four Peaks Plaza to the east. There is an existing reclaimed water line which crosses this property that will need to be relocated should this project be approved and moved forward. Proposed Redevelopment and Site Plan Section 23.07 B of the FHZO states: "The P.A.D. zoning district may only be developed in accordance with an approved Site Plan prepared and approved according to Section 2.04 of this Zoning Ordinance." Due largely to the challenging market conditions that have significantly impacted Four Peaks Plaza, Sandor Development envisions a complete redevelopment of the western portion of the plaza as detailed in their site plan, included under Tab D of the attached applicant narrative. The site plan and accompanying architectural elevations propose a four-story, 316-unit residential community. Under the working title "Village at Four Peaks", the development will be a wrap residential community, as the four levels will "wrap" around the parking structure, thus virtually hiding it from adjacent streets. The proposed architecture is inspired by the Scottsdale Waterfront, a luxury development along the canal waterfront, which represents a Mediterranean vernacular style and muted earth tones consistent with an Arizona desert color palette. The proposed building is designed with four-sided architecture and massing and roof line that is highly varied. Building heights will vary between 49 and 55 feet from the finished floor in order to provide roof line variation. Because this property is lower than Shea Blvd., the building will not appear as tall from the street. A diverse combination of materials, colors and textures will be applied to provide a distinct architectural character. Direct access to the parking garage will be provided off of Technology Drive, while Shea Boulevard will provide access to the entrance and surface parking. Additional access for emergency vehicles, refuse vehicles and pedestrians will be provided along the east, adjacent to Target and the balance of Four Peaks Plaza. Resident parking will be provided primarily within the parking structure and will consist of 498 spaces. A total of 63 surface parking spaces will also be provided, for a grand total of 561 spaces. 498 spaces. A total of 63 surface parking spaces will also be provided, for a grand total of 561 spaces. Under the current zoning ordinance, a multifamily development of this type would require a total of 637 total parking spaces, but the applicant highlights the fact that the Town's parking requirements are higher than both Phoenix and Scottsdale, while the proposed PAD's requirements are higher than both these cities and are based on more modern transportation practices. The property will be developed in one phase. Apartments will consist of one, two and three bedroom units, ranging in size from 760 to 1,200 square feet. With a total of 316 units, density will reach 47 d.u./acre within the 6.7-site. However, as an integral part of the 29-acre Four Peaks Plaza, the overall density works out to approximately 11 residential units per acre. The development also provides approximately 25% total open space, roughly 2.23 acres or 97,300 square feet overall, exceeding the minimum open space requirement of 15% open space. The parking area requires a landscaped area and screening equivalent to 5% of the parking area, but the provided landscaped area is equivalent to 35% of the parking area. The development will include large landscape areas around the building and will feature two interior courtyards for exclusive use by the residents. The drive aisle along the east side of the building which is limited to emergency and solid waste access will also double as a pedestrian mall area to help connect residents to the gate to the commercial center. Trees will be planted along the east side to provide shade in this area. The PAD development standards most closely resemble those of the R-5 multifamily zoning district and are detailed in Table A on page 6 of the applicant's narrative. In the event that the property is not developed into multifamily apartments, the PAD includes a request to continue to allow uses listed under C-2 (Intermediate Commercial), while maintaining the aforementioned development standards. However, should there be substantial changes to the site plan currently provided, the applicant will provide a modified site plan and seek Town Council approval. Citizen Participation The developer held two neighborhood meetings at the site on June 21 and September 18 of this year to discuss the PAD request. Each meeting was attended by approximately three residents. The attached Citizen Participation Report details the concerns that were raised at each meeting and how they were addressed. No explicit opposition was expressed by any of the attendees. A letter of support was provided by the Board of Directors at the Fountain Hills Chamber of Commerce and is included at the end of the Report. Staff received a letter of opposition, dated September 28, from an owner of four businesses, all of which are located west of the southern portion of the subject property and across Technology Drive. The business owner cited concerns regarding compatibility between the development and the neighboring industrial uses and existing truck traffic along Technology Drive. Over the past summer, staff received a voice message from an opposing resident on Trevino Drive to the north, citing concerns over the scale of the project. Staff returned the call with a voice message but received no further calls from the resident. On the date of the Commission meeting, staff received a second letter of opposition and at least 15 comment cards expressing opposition. However, most of the comment cards did not indicate if opposition was against the proposed multifamily development or the related Four Peaks Plaza PAD that focuses exclusively on new monument signage. Only four comment cards specifically mention opposition to the multifamily project, while two specifically refer to the proposed signage. During the Commission meeting, there were 13 members of the public who spoke against the proposal citing Commission meeting, there were 13 members of the public who spoke against the proposal citing concerns such as density, building height, traffic, parking and outdoor lighting. There were two members of the public who spoke in support of the project. Staff also spoke with another citizen who spoke against the project on December 14, three days after the Planning and Zoning Commission meeting. During the Town Council meeting held on December 19, 2023, the public comment segment, ten members of the public commented in support of the project, and three members of the public commented in opposition to the project. Simultaneously, the Town Clerk received twenty-five written comments submitted through the online platform in support of the project and five comments in opposition to the project. Analysis The 2020 General Plan designates the subject property as part of the Shea Corridor and states that infill and redevelopment should be the focus for this area: "This auto-oriented area should be guided through a redevelopment process to create a more welcoming image to the Town. Overbuilt retail areas should be redeveloped with a greater mix of uses, including some multi-residential development that is geared to creating an integrated, mixed-use environment." Also, with regard to design, the General Plan states: As part of increasing the mix of uses, building heights may increase. Non-residential uses which abut residential areas must always provide an adequate buffer or transition zone. Staff believes the proposed PAD for the Village at Four Peaks is largely consistent with these General Plan provisions. Its location between industrial businesses to the south, retail and service establishments to the east, and single-family homes across Shea Boulevard to the north make the subject property a suitable location for a multi-family residential community of this scale. Furthermore, the development aims to support local business by providing a housing product more suitable for young professionals, teachers, health care professionals and a similar workforce that would otherwise commonly commute to Fountain Hills for employment. Staff is supportive of the site plan as presented, as it provides a residential development opportunity in a struggling commercial center, while also proposing a site design that supports the existing businesses with new housing opportunities and better pedestrian connectivity. Staff has expressed concerns regarding the massing proposed by the four-story nature of the development. With a maximum height of 55 feet, the Village at Four Peaks will be the tallest building in Fountain Hills. However, the visual impacts are mitigated by the fact that the nearest residential properties are located approximately 400 feet to the north, across both Shea Boulevard and Trevino Drive. The applicant has provided line-of-site drawings (attached) to illustrate how the development might appear from the neighborhood to the north, which appears to show that major viewsheds are minimally affected. Furthermore, the far southern portion of the development, and particularly the upper floors, might be overlooking the industrial developments to the southeast. This is mitigated in part by the proposed landscaping illustrated by the landscape plan under Tab I. The proposal provides 498 parking spaces compared to our ordinance requirement for 561 spaces. The justifications presented include a comparison with the parking requirements in Phoenix and Scottsdale, the proximity of the adjacent retail and restaurant uses, and the idea that ride-share services reduce the need for individual vehicle ownership. Staff is not fully convinced those factors will play a significant role in the need for vehicle parking at this location. Phoenix and Scottsdale are more urban than Fountain Hills and data has not been presented to show that ride-share services provide a significant benefit in Fountain Hills. The target residents for this include people who will need to have vehicles to drive to their places of employment. Staff is not opposed to some reduction, and could support the number proposed pending Council discussion and findings. The applicant included a Traffic Impact Study with their submittal. That TIS measured traffic and transportation impacts of the proposed development on surrounding streets and intersections. The study concluded that the proposed development would generate fewer trips than the existing, approved land use in the PM peak hour and on a daily basis and to generate 22 more trips in the AM peak hour. The executive summary of the TIS is attached for your review. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.01, Amendments or Zone Change Zoning Ordinance Section 2.08, Citizen Participation Zoning Ordinance Chapter 19, Architectural Review Guidelines Zoning Ordinance Chapter 23, Planned Area Development (PAD) District 2020 General Plan, Thriving Neighborhoods and Character Areas Risk Analysis Approval of the Village at Four Peaks PAD (ORD 24-01) will rezone the 6.7 acre property from the current C-2 P.U.D and IND-1 zoning district designations and allow development in accordance with the adopted Village at Four Peaks PAD Development Plan. Denial of the application will keep the property zoned C-2 P.U.D. and IND-1 for future commercial development. Given the amount of commercial space available in the area, this is unlikely to attract any additional commercial tenants in the near future. Population growth drives economic growth by increasing demand for products, services and amenities. If the Council denies the rezoning request, the Town will not benefit from new residents contributing to the local economy, the Town will not collect one-time construction sales tax (i.e. $1.1M for a $60M construction project) and the Town will not collect an estimated $301,919 in one-time permit fees. In addition, the Town's cumulative property value will not be increased by the new construction, which results in higher tax rates for existing property owners. One week prior to the Planning and Zoning Commission meeting, staff met with a property owner who owns vacant commercially zoned land in town. During the meeting, the owner noted that if the 316-apartment proposal were to be approved by the Town, the owner would feel confident in building and keeping the current commercial zoning. If the Council denies the rezoning request, there is a potential the commercial land will remain undeveloped, because there is not enough population growth/demand to support commercial. Recommendation(s) by Board(s) or Commission(s) At the regular meeting on December 11, 2023, the Planning and Zoning Commission denied a motion to approve the rezone by a 2-4 margin. However, it is worth noting that the four Commissioners who denied the motion were not necessarily against the effort to redevelop the property with multifamily development, as a few were primarily concerned with the parking allotment and residential density. Chairman Gray expressed interest in continuing the case to a subsequent Commission meeting to allow the applicant to address these and other concerns, but since the earlier motion failed, proper procedure did not allow for an alternative motion for a continuance. Staff Recommendation(s) Although the Planning and Zoning Commission denied a motion for approval, staff continues to be supportive of a proposal for a multifamily residential development at the subject property. As mentioned in the earlier analysis, staff believes this type of redevelopment opportunity would be consistent with the General Plan's vision for the Shea Corridor and would provide additional housing options as well as provide a boost for retail sales and services at the Four Peaks Plaza. SUGGESTED MOTION MOVE to approve the Rezone from C-2 P.U.D (Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to Village at Four Peaks PAD (Planned Area Development) to allow for development consisting of 316-unit, 4-story residential apartments, subject to the following conditions: Ensure compliance with the Village at Four Peaks Development Plan approved with this PAD, except as modified below. 1. Ensure compliance with all the Town’s adopted codes, requirements, standards and regulations, except as specifically stated and approved in the Village at Four Peaks PAD Development Plan. 2. Include relocation of the reclaimed waterline with the construction plans and obtain approval from Fountain Hills Sanitary District. 3. Attachments Case Map The Villages at Four Peaks PAD Citizen Participation Report Opposition Letter Opposition Letter #2 Opposition Letter #3 Support Site Line Rendering from Trevino Dr. Traffic Impact Statement Summary Four Peaks Economic Impacts ORD 24-01 Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/04/2024 04:02 PM Finance Director David Pock 01/08/2024 08:02 AM Economic Development Director Amanda Jacobs 01/08/2024 10:00 AM Finance Director David Pock 01/08/2024 10:21 AM Economic Development Director Amanda Jacobs 01/08/2024 10:32 AM Town Attorney Aaron D. Arnson 01/08/2024 10:44 AM Town Manager Rachael Goodwin 01/10/2024 07:37 AM Form Started By: Farhad Tavassoli Started On: 01/02/2024 10:38 AM Final Approval Date: 01/10/2024 P&Z Commission Case Map Case Details CASE: RZ23-002 SITE / ADDRESS: 16815 E. Shea Blvd. APN: 176-09-486; 487; 488 REQUEST: REZONE of approximately 6.7 acres generally located at the southeast corner of Shea Blvd. and Technology Drive (site address: 16815 E. Shea Blvd) from C-2 P.U.D – Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to allow for development consisting of 316-unit, 4-story residential community. Site Location Village at Four Peaks Planned Area Development Narrative Rezoning Case No. RZ23-000002 Third Submittal: November 2023 Second Submittal: July 2023 First Submittal: March 2023 Page | 2 Development Team Applicant Withey Morris Baugh, PLC 2525 E. Arizona Biltmore Circle Ste. A-212 Phoenix, AZ 85016 Attorney: Jason Morris Land Use Planner: Stephanie Watney Email: jason@wmbattorneys.com Email: stephanie@wmbattorneys.com Phone: (602) 230-0600 https://www.wmbattorneys.com/ Developer Sandor Development 5725 North Scottsdale Road Suite C-195 Scottsdale, Arizona 85250 https://sandordev.com/ Architect Ayers Saint Gross 60 E. Rio Salado Parkway, Suite 701 Tempe, AZ 85281 (480) 921-1515 Main https://ayerssaintgross.com Engineer Kimley Horn 1001 W. Southern Avenue, Suite 131 Mesa, Arizona 85210 Phone: (480) 207-2666 https://www.kimley-horn.com/ Page | 3 TABLE OF CONTENTS A. Introduction ..................................................................................................................................... 4 B. Property Description ........................................................................................................................ 4 C. Project Description .......................................................................................................................... 5 D. Request / Proposed Land Use Map ................................................................................................. 5 E. PAD Permitted Uses ......................................................................................................................... 5 F. Development Standards .................................................................................................................. 6 G. Site Development Concept Objectives ............................................................................................ 8 a. Residential Design Philosophy / Environmental Quality / Site Layout ...................................... 8 b. Orderly Transitions .................................................................................................................. 13 H. Infrastructure / Community Facilities Impact ................................................................................ 14 I. General Plan Conformance ............................................................................................................ 15 J. Conclusion ...................................................................................................................................... 17 LIST OF EXHIBITS A. Site Context Maps B. General Plan Land Use Map C. Existing and Proposed Zoning Map D. Conceptual Site Plan E. Conceptual Rendered Site Plan F. Conceptual Renderings G. Conceptual Architectural Elevations H. Conceptual Color and Material Board I. Conceptual Landscape Plan J. Conceptual Wall Plan K. Conceptual Refuse Plan L. Conceptual Open Space Plan M. Conceptual Master Water and Sewer Plan N. Conceptual Drainage Plan O. Comprehensive Sign Plan Page | 4 Village at Four Peaks Planned Area Development Narrative A. Introduction This Planned Area Development is for redevelopment of the approximately 6.7-acre property located at southeast corner of Shea Boulevard and Technology Drive (the “Property”) (See Exhibit A, Vicinity and Aerial Map). This PAD establishes site-specific permitted uses, as well as development standards and design criteria for a high quality 316-unit, 4-story wrap residential community (the “Community”). The proposed Community will provide new and diverse housing opportunities within the Town of Fountain Hills, which will accommodate a variety of lifestyles and life cycles. B. Property Description The Property is comprised of four (4) parcels that are bound by Shea Boulevard to the north and Technology Drive to the south/west; to the east is the remainder of the Four Peaks Plaza shopping center, which is anchored by a Target. Beyond Technology Drive are warehouses; and across the 250’ wide Shea Boulevard right-of-way are elevated acre lots with significantly set back homes. The Property consists of an irregular triangular geometry, with limited access points along all frontages. There is a significant slope along Shea Boulevard, which drops from west to east, and the Property also slopes to the south, resulting in a high retaining wall and no access along most of Technology Drive. Along the Shea frontage, there is a wide landscaped drainage channel separating the Property from the street which results in a lack of visibility into the site. The Property was developed for in-line retail with one drive-thru pad. Today, the drive-thru pad and most of the inline retail shops, which once boasted popular stores such as Pier 1 Imports, are vacant. As evidenced by the numerous “for lease” signs located throughout the Property, retail is significantly challenged at the Property. Among those, it is well known that retail shopping patterns have changed significantly in the past years, with online shopping becoming more prominent, and this trend has been exacerbated by the ongoing pandemic, with even the strongest brick-and-mortar retail struggling to bring in customers or to find or retain staff. Combined with Fountain Hills demographics (i.e. population density and part-time nature of residents), finding and keeping tenants within the Plaza has been extremely challenging. In its current state, the Property is in need of a necessary re-activation and redevelopment. Accordingly, this PAD seeks to provide a framework for the successful redevelopment of this property with appropriate, high quality uses which will complement and support the existing and future retail within Four Peaks Plaza, and provide a new and much needed housing opportunity within the Town. The proposed Village at Four Peaks community is in a unique location along a corridor anticipated for growth and the proposed development will be compatible with existing land use patterns in the area and help synergize the area. This site is a prime location for new residences which will in turn support other land uses. Page | 5 C. Project Description The intent of this PAD is to establish site-specific permitted uses, as well as development standards and design criteria for a new market-rate, multi-family residential community which will invigorate the subject site with new residences and support the needs of the surrounding area. This PAD proposes some modified development standards to accommodate site constraints including geometry and natural features challenges. Overall, these modifications result in superior site design, including minimization of surface parking which exacerbates urban heat island effect. The proposed community will provide a total of 316 units in 1, 2 and 3-bedroom unit configurations with an overall density of approximately 47 du/ac. The 1-bedroom units will be approximately 760 SF; the 2- bedroom units will be approximately 980 SF; and, the 3-bedroom units will include approximately 1200 square feet of livable area. The unit mix is almost evenly split between one and two-bedroom units, with a small number of 3-bedroom units. The buildings are 4 stories (ranging from 49 feet to 55 feet for architectural features) and wrap around a parking structure. This approach reduces the site area devoted to parking and results in more landscaped open space. This PAD provides superior design quality which is inspired by the Scottsdale Waterfront, a luxury development on the canal in downtown Scottsdale known for its successful mixed-use integration of retail, garage parking, and luxury multifamily residential. Please refer to the enclosed Architectural Renderings. The ultimate vision for the Property is to re-develop it with a quality residential use which will activate and help support the remaining retail within the Four Peaks Plaza while providing new housing opportunities suitable for young professionals (i.e. healthcare professionals, teachers, etc), which otherwise commonly commute to Fountain Hills for employment purposes; ‘empty nester’ residents who wish to stay in Fountain Hills; and, those looking for a lock-and-leave, maintenance-free lifestyle. D. Request / Proposed Land Use Map This application requests to rezone the Property from C-2 P.U.D. and IND-1 to PAD with underlying Multi- Family Residential (R-5) zoning. E. PAD Permitted Uses Permitted uses within this PAD include: • Multifamily units and those uses which are permitted in Section 11.02 of the Town of Fountain Hills Zoning Ordinance. • C-2 Intermediate Commercial Zoning District uses, in accordance with Chapter 12.02 of the Town of Fountain Hills Zoning Ordinance • Uses permitted with a special use permit or temporary use permit shall be in accordance with Section 11.03 and 11.04 of Town of Fountain Hills Zoning Ordinance. All uses not specifically provided for herein are prohibited, unless a subsequent determination by the Zoning Administrator finds a specific use to be an analogous use to a permitted use. Page | 6 F. Development Standards Development of the Community shall conform to the standards set forth in the R-5 Zoning District of the Town of Fountain Hills Zoning Ordinance and the standards set forth in this PAD. Where there is a discrepancy between the Zoning Ordinance and this PAD, the less restrictive provision shall apply. In the event that the Property is not developed with multi-family residential development, the existing C-2 Intermediate Zoning District standards shall apply per Section 12.13 of the Town of Fountain Hills Zoning Ordinance. Table A: Residential Development Standards Table R-5 District PAD Min. Lot Area (Sq. Feet) 6,000 6,000 Area/D.U. 224 Units: 1 unit for every 1,740 sf of gross site area 316 Units: 1 unit for every 1,230 sf gross site area Min. Width (Feet) 60 60 Max. Bldg Height (Feet) 30 55 (4 stories) Max. Bldg Length (Feet) 200 200 Minimum Yard Setbacks Front (Shea Blvd) Side (East, Plaza) Street Side (Technology Dr) Rear (Technology Dr) 30 10 30 30 30’ 15’ 30’ 30’ Lot Coverage 50% 45% Distance Between Bldgs (Feet) The horizontal separation must be at least equal to the vertical height of the highest adjacent building. N/A(1) Parking Spaces One-bedroom units: 1.5 per dwelling unit Two or more bedroom units: 2 per dwelling unit Multiple dwellings shall also provide guest parking at a rate of .25 parking spaces per dwelling unit. One-bedroom units: 1.4 per dwelling unit Two bedroom units: 1.7 per unit Three bedroom units: 2 per dwelling unit Multiple dwellings shall also provide guest parking at a rate of .20 parking spaces per dwelling unit. Parking Dimensions 9’ x 18’ (Regular) 11’ x 19’ (Accessible) 9’ x 18’ (Regular)* 11’ x 19’ (Accessible) Open Space 15% 25% (1) Due to the design of the building as a wrapped structure surrounded by units, this development standard does not apply because there is one singular building rather than multiple buildings. *A two-foot-six-inch overhang is permitted for vehicle overhang of surface parked stalls. This overhang will count toward the minimum stall length. Page | 7 Deviation Justifications The Property consists of an irregular triangular geometry which encumbers the site layout and limits options for development. In addition, there are significant wash encumbrances that further impact the developable area of the Property (see Figure 1) and limits site access to the existing driveway, which bridges the drainage channel. After appropriate setbacks and buffering are incorporated, the dimensional site constraints become even more challenging, requiring creative site planning. To address these site constraints, this PAD provides a framework for a more site appropriate design and building type, which will include highly efficient structured parking, wrapped by a residential building. Parking is not proposed under the buildings, which will maintain a lower overall building height. This approach results in less than 10% of the site area being devoted to surface parking, which provides overall benefits including reduced urban heat island. Accordingly, to accommodate site-specific design and address the site constraints identified above, this PAD requests development standard deviations to allow some flexibility from the rigid multi-family zoning ordinance standards, which are generally applicable to garden style walk-up apartment development, a development option that is not conducive or feasible for the Property given the area and geometry limitations. The requested deviations for this building type include: Minimum Lot Area per Dwelling Unit, Maximum Building Height (Feet). An additional deviation is requested to right-size parking for the development, as the ordinance’s parking requirements do not address horizontal mixed-use scenarios, or modern transportation practices. Specifically, the proposed development is ideally situated adjacent to a commercial shopping center and is integrated with walking paths and facilities to promote pedestrian connectivity to the plaza, which provides access to a variety of services, retail and dining opportunities (existing and future), reducing the need for vehicular trips and thus parking demand. In addition, the existing ordinance standards for parking were adopted prior to the existence of transformative transportation options including rideshare (i.e. Uber and Lyft), autonomous vehicles and Zipcar, which provide alternatives to vehicle ownership. In response to ride sharing practices and/or autonomous vehicles, zoning codes are commonly being updated to address changes in transportation behavior where parking reductions are balanced with commensurate opportunities for rideshare facilities. Notably, the proposed PAD site plan accommodates generous areas for rideshare facilities (i.e. passenger loading zones and staging areas). Finally, the proposed parking has been well vetted to ensure marketability and functionality of the site. Part of this vetting included an analysis of parking requirements for proximate jurisdictions including Scottsdale and Phoenix versus that of the Town and the proposed site plan (see Figure 2). Figure 1: Wash Corridor Page | 8 Figure 2: Parking Analysis TOTAL REQUIRED RESIDENT SPACES TOTAL REQUIRED GUEST SPACES PER UNIT TOTAL REQUIRED SPACES OVERALL PARKING RATIO FOUNTAIN HILLS 557.5 79 636.5 2.01 SCOTTSDALE 480.6 52.7 533.3 1.69 PHOENIX 481.5 79 560.5 1.77 PROPOSED SITE PLAN 498 63 561 1.78 This parking ratio comparison shows that Fountain Hills parking requirements are higher than both Scottsdale and Phoenix requirements which would otherwise require parking ratios of 1.69 spaces per unit and 1.77 spaces per unit, respectively, versus the Fountain Hills requirement of over two spaces per unit for this development. The proposed PAD parking requirements (1.78 spaces per unit) are higher than required by Scottsdale and Phoenix, which indicates that the proposed ratios are reasonable and appropriate for this type of development, especially given the target market. The proposed development standards will ultimately provide a framework for the redevelopment of the Property with a more urban, pedestrian-friendly type of mixed-use development along a key transportation artery in a designated growth area. The redevelopment is anticipated to re-energize Four Peaks Plaza and provide meaningful new housing opportunities to the Fountain Hills workforce including teachers, nurses, first responders and more. G. Site Development Concept Objectives 1. Residential Design Philosophy / Environmental Quality / Site Layout a. Design and Architecture The proposed residential Community will provide new and diverse housing opportunities, offering options to accommodate a variety of lifestyles and transitions, from young graduates to retirees looking for a maintenance free, lock-and-leave lifestyle. The proposed building architecture is inspired by the Scottsdale Waterfront, a luxury development along the canal waterfront, which represents a sophisticated Mediterranean vernacular style and muted earth Page | 9 tones consistent with an Arizona desert color palette. The proposed community buildings are designed with four-sided architecture and massing and roof line that is highly varied. The exterior elevations are highly stylized with a classic expression (base, middle and cornice) and enhanced architectural embellishments including arches and columns, awnings and canopies, and tile, metal and stone accents. Conceptual elevations are provided herein. Architectural Elements and Details The elevations for the Community may utilize a variety of the following elements to enhance and diversify the community’s character, including but not limited to the following: 1. Recessed or projecting balconies and decorative railings 2. Awnings 3. Porches, Pergolas and Trellises 4. Columns 5. Decorative doors and windows 6. Exterior moldings 7. Clay tile roof and roof overhangs 8. Stucco 9. Wood or metal accents 10. Decorative lighting 11. Ledges 12. Arched openings 13. Masonry, brick or stone (load-bearing or decorative) 14. Tie and rod assembly metal canopies for shade 15. Reveal lines 16. Decorative metal fence panels for accent elements and/or plantings b. Environmental Quality The Community will achieve the following objectives to promote sustainable and compatible development. Site Design Objectives: • Locating common areas for gathering and recreation within the internal courtyards to lessen impacts on neighboring properties • Setting structure pads to work with the existing slopes and contours of the site and maximize view corridors • Matching adjacent grades to the extent possible to minimize impact on the rest of the Four Peaks Center tenants and users • Concealing cut slopes with buildings or hardscape features to minimize visual impacts from Shea Page | 10 Boulevard and neighboring properties • Balancing excavations to minimize the import and export of native soil • Salvaging trees, saguaros, ocotillos and other natural vegetation for integration back into the landscape to the extent possible • Reusing on-site materials where possible for aggregate base, erosion control and other landscape features • Burying all onsite utility distribution lines to enhance the visual appeal of the improvements • Designing for on-site management of storm water and surface runoff • Following a rigorous stormwater pollution prevention plan for erosion and runoff control during construction Building Design Objectives: • Blending the color palette of the architecture and built environment with the colors of the surrounding natural environment, while harmonizing with the existing Four Peaks Plaza development • Using an architectural design vernacular and materials suited to the desert climate with appropriate shading elements • Mixing materials and muted colors to break up building massing and add visual interest • Stepping building elements to create variety in the rooflines • Reducing asphalt paving by reducing parking areas and providing enhanced, decorative paving for the fire lane along the plaza side of the Community • Concealing structured parking within the residential building massing, and screening surface parking areas • Incorporating EV charging stations for electric vehicles • Utilizing predominantly low water, drought-resistant and native plant species • Utilizing shielded lighting to observe a dark sky policy and minimize impact of surrounding property • Wood burning fireplaces and outdoor fire pits will be prohibited c. Site Design & Placement of Structures The Property is an irregularly shaped triangular site and is encumbered by a significant wash along the north side. Adding to these challenges, the Property was originally graded as part of the overall shopping center development, resulting in most of the site being substantially lower than the surrounding streets requiring creative planning when siting the building pads. The building, which faces Shea Boulevard, is set back from the street with a zone of visitor parking and a wide landscaped buffer that protects views to the east. The main entry faces Shea Boulevard with a circular palm-lined drive. The Community’s ground floor has three different building pad elevations, stepping down to follow the existing slope from west to east, which minimizes retaining walls and built-up pads. Page | 11 The parking structure, which is interior to the development, is located proximate to the existing access driveway from Technology Drive. Housing units wrap the parking structure on all sides, so that only the actual grade level entrance/exit is visible on the building’s exterior. From the entry gate, the garage ramp extends down half a level, and up three additional levels, with the parking floors coordinating with the housing floors at the elevator lobbies (located at the west and east ends of the garage). Overall the building orientation is well suited to the climate, with the short ends facing east and west and the long sides facing north and south, where effective sun shading is more easily accomplished. The layout of the units will provide a variety of views and options for daylight to choose from. Two internal courtyards, one with the pool and active social space, and one designed to be quieter with extensive landscaping, offer units with the deepest shading. The building form has frequent changes in plane, a push and pull with changes of color, materials and articulation to break up the facades, and provide a sense of movement to create visual interest. These areas where the building steps in and out provide the units with additional windows and opportunities for exterior design features (balconies, arcades, arches, towers, stairways, etc.,) especially on the ground floor, which are integrated with the landscape and hardscape design. i. Access and Circulation The Community’s ‘front door’ is on Shea Boulevard, which retains the existing driveway, marked by a low stone sign monument with an arched gateway element. The gateway expression has a very residential ‘look’ and the steel arch reflects similar architectural arches at the building entrances and the parking garage. The entry driveway is improved with sidewalks on both sides (existing sidewalk is only on the west side of the drive). After crossing the existing drainage channel bridge, visitors are welcomed with a circular drive and drop-off/pick-up area at the Commons and building office. Visitor parking is provided in the landscaped parking areas along the street frontage close to the entrances. The primary resident and service vehicular access to the Community is proposed via the existing driveway from Technology Drive. A grade-level gate provides access to the multi-level garage for resident parking. The parking levels coordinate with the housing elevator lobbies, located at the northeast and southeast corners of the garage. A fire lane, with gates restricting access, is provided along the east perimeter of the Community, connecting to the existing service drive and fire lane along Technology Drive. The Community is planned to include meaningful pedestrian connections to each street frontage, with improved sidewalks connecting to existing detached, meandering sidewalks. Along Technology Drive, striped bike lanes offer residents an additional option for getting around, especially to the adjacent food and retail options. On the east edge of the Community, abutting the Plaza’s parking lot, a new perimeter wall is designed with open view fence sections to preserve views, and closed wall sections to screen service enclosures. The fire lane along this portion of the Community uses permeable decorative paving to create a walkable pedestrian mall with a planned pedestrian gate intended to connect to the Four Peaks Plaza in front of Target. This proposed connection into the Four Peaks Plaza shopping center is intended to create an opportunity for controlled pedestrian porosity, which will encourage residents to walk to the nearby shops and restaurants. This access point will be coordinated with Target pursuant to an existing reciprocal easement agreement, and any limits of that private agreement, as may be amended from time to time. In addition to the pedestrian mall there are several pedestrian walkways and landscaped courtyards along the east and north sides of the building which will serve as amenities for residents and their guests. Please refer to the enclosed Conceptual Site Plan. Page | 12 ii. Refuse and Recycling The site plan accommodates Community trash and recycling service by tucking gated masonry enclosures into the corners and edges of the site convenient to the units, with walkways for easy access by residents. These enclosures are sized to accommodate a trash compactor and bins including recycling, with a side gate for easy resident access. Service trucks will enter the Community from the west on Technology Drive and circulate around the site in a clockwise direction, picking up at each refuse enclosure and exiting through a gate to the existing service and fire lane and leading to an existing driveway further east on Technology Drive. Please refer to the enclosed Refuse Plan. iii. Parking Parking for visitors is conveniently located on the west and north edges of the site in a small surface lot, proximate to the Commons and building offices. Parking for residents is provided in a multi-level parking garage, wrapped by the residential units so that only the actual grade level entrance/exit is visible on the building’s exterior. This approach reduced surface parking area by almost 90%. Parking for the Community is provided as follows: iv. Open Space & Landscape Concept The Community has been designed with ample open space and recreation areas with quality amenities distributed throughout. The open space and shared recreation areas are intended to encourage resident interaction and create a sense of place. The Community incorporates small, well-landscaped courtyards which will contribute to a more livable environment. Usable common area open space will include amenities such as a pool and amenity space, shaded seating areas, internal and external courtyards, walking paths and the pedestrian mall and gate into the retail center. The development site plan provides approximately 25% total open space, roughly 2.23 acres or 97,300 square feet overall, exceeding the open space requirement of 15% open space. The parking area requires landscaped area and screening equivalent to 5% of the parking area, but the provided landscaped area is equivalent to 35% of the parking area. The landscape and streetscape around the site perimeter was installed with the development of the Four Peaks Plaza shopping center, resulting in very mature landscaping around the perimeter of the site, most of which will be preserved (see Figure 3). The interior of the parcel includes additional landscaping with plantings consistent with the existing plant palette and appropriate to this area and the residential use to Page | 13 ensure meaningful landscape density. Please refer to the enclosed Open Space Plan and Landscape Plans. 2. Orderly Transition Concepts The surrounding area to the east, south and west consists of commercial retail and commerce park / industrial type uses similar to the existing uses on the Property. The redevelopment of the Property will add new multi-family residential which will move this area towards the mix of uses envisioned by Fountain Hills for the Shea Corridor Character Area and this gateway area. That vision describes a more walkable environment which is supported by the proposed site design. At both of the driveways into the new residential Community, accessible sidewalks are provided to connect to the existing sidewalk path along the street and encourage walking to shopping as well as for recreation. Along the east side of the Community, a pedestrian mall connects residents to the plaza in the front of the Target store, with a pedestrian gate to a walkway with shade trees. This connection creates an opportunity for controlled porosity which will encourage residents to walk to the adjacent shops and restaurants. (see Figure 4 below) Figure 4: Architectural Rendering of the Pedestrian Connection to the Plaza (from target looking back at the residential community Walkability is only one element of the concept for an orderly transition between the existing commercial Figure 3: Existing Mature Landscaping Page | 14 center and the new residential development. The eastern edge of the Community is defined with a perimeter wall that provides separation and security for both properties, while integrating the site design visually with the plant materials, landscaping, stone and stucco wall materials and color palette. The wall is well landscaped on both sides, with alternating sections of open view fence and solid screening wall. The setback along this side, for a required fire lane, is treated as a pedestrian mall with permeable decorative paving for residents to access the pedestrian gate into the shopping center and as a amenity that enhances resident’s use of the landscaped courtyards along the east side of the building. On the south side, the Community faces Technology Drive, where the existing retaining walls and planters will remain (Refer to Figure 5). Where feasible, additional trees will be added to enhance the streetscape, and at the entry driveway a new sidewalk will connect to the existing walkway. The building is setback 30 feet along this edge (due to a utility easement) and this area will be generously landscaped to as a transition and visual buffer for Community residents. To the north across Shea Boulevard, is a residential frontage street with large single family homes (R1-35 zoned lots), set on a hillside well above the street. Since the grade of the Property is substantially lower than the grade of Shea Boulevard, and the nearest residential homes are on the hillside above the street, this development will not impact light or views. along the north edge of the Property there is also an existing wash corridor, with a deep drainage channel that is well landscaped on both sides. The wash corridor is a significant non-developable buffer of almost 80 feet (see Figure 6), which provides an ideal transition to the Community. H. Infrastructure / Community Facilities Impact The proposed property will be served by EPCOR for water and Fountain Hills Sanitary District for sanitary sewer. An existing 16” reclaimed water line and 8” water main will need to be relocated and easements will Figure 6: Drainage Channel & Driveway across the Wash Figure 5: Existing Retaining Walls, Landscaping on Technology Page | 15 need to be dedicated to accommodate the proposed design. Proposed fire hydrants and building fire connections have been located on the Preliminary Utility Plan to serve the site. An 8” public sewer main currently exists along the southern property line, along Technology Drive. The proposed property has been designed to maintain the existing Public Utility Easement (PUE). There are three sewer manholes along the main run that may be used for the proposed property. A Sewer Basis of Design Report is being submitted to the Fountain Hills Sanitary District, estimating the wastewater flow based on the number of units. This will be a Preliminary Design Report, with the full design to be completed after the rezoning is completed. The Fountain Hills Sanitary District will need to perform a computer model analysis of the downstream capacity of the existing sewer system with the additional of the proposed flows. The analysis will determine if any downstream improvements will be required. The Fountain Hills Fire Department (Station 823) is located approximately 1.4 miles (2 minutes) from the Property, which is well within the targeted range for emergency services (Figure 7). I. General Plan Conformance The General Plan Land Use Map designates the Property as “Shea Corridor” Character Area. The General Plan, which was adopted by the Town Council and ratified by voters on November 3, 2020, highlights the Shea Corridor for “infill and redevelopment”, with an acknowledgement that “Overbuilt retail areas should be redeveloped with a greater mix of uses, including some multi-residential development that is geared to creating an integrated, mixed-use environment”. This section also notes “Rezoning may be necessary to allow the flexibility to create the desired gateway entry.” (Table 1 Character Areas Plan, Pg. 48). In keeping with the General Plan Goal of “directing higher density residential… to redevelopment areas such as Shea Corridor” (Pg. 24), this proposal is consistent with the recently approved vision of the General Plan. Figure 7: Fire Department Context Map Page | 16 Below are several General Plan objectives which are met with this proposal. Reference General Plan Goal (Objective) P.A.D. Compatibility Section II Thriving Neighborhoods Goal 1: Continue to develop and maintain thriving neighborhoods Policy 3: Support neighborhood scale, non -residential businesses, services and amenities at the intersection of arterial or collector roads where feasible and in a manner that maintains or enhances the established character of the area. The proposed redevelopment of the Property will support the success of the existing Four Peak Plaza and the variety of businesses and services, with the addition of over 300 new households in the proposed Community immediately adjacent to the west end of the shopping center. Policy 5: Encourage development and redevelopment of housing and associated amenities within neighborhoods to attract families with children and young professionals (1.5) The proposed Community development will add to the housing diversity within the Town and provide new opportunities to attract a range of people from recent college graduates and young professionals, to retirees or empty nesters looking to maintain residence within the Town. The pedestrian connection to the adjacent retail center is also a very attractive amenity especially for the millennials and Gen Z. Goal 2: Support a housing strategy that encourages a broad range of quality housing types to address current and future housing needs and to support long- term economic vitality. Policy 2: Encourage a range of housing types and residential densities and maintain consistency with the existing character of infill areas in conformance with criteria provided in Table 1: Character Areas Plan The proposed Community adds a more compact, urban, market-rate residential housing type, appropriate to the town’s vision for the Shea Corridor Character Area. The Community is designed for walkability, with a pedestrian connection to the adjacent retail center to create a mixed-use area, with added sidewalks and landscaped open space and less surface parking lots. Policy 5: Direct higher-density residential and mixed-use development to the Town Center and redevelopment areas such as Shea Corridor as opportunities arise. This proposal represents an opportunity for quality redevelopment within the Shea Corridor, one which will add new residential housing to support what remains of the Four Peaks Plaza – ultimately creating a horizontal mixed-use area, as envisioned in the General Plan. Section III.2 Thriving Environment Goal 2: Provide and maintain an open space network throughout the community Policy 1: Continue to protect the existing natural washes within the platted portions of the community as permanent desert open space. The Property features a significant wash along the northern edge that will be retained and continue to serve as a permanent open space. Section IV Thriving Economy Page | 17 Goal 3: Attract families and younger working professional to Fountain Hills Policy 1: Utilize planning and zoning tools and land use strategies to attract families and working professional to Fountain Hills by: a. Supporting residential development…. in areas supporting urban densities or mixed use such as…. Shea Corridor character area. The proposed development will provide housing diversity within the Town intended to attract young professionals. The rezoning of this Property as a residential PAD in the Shea Character area is appropriate under this policy. Goal 4: Ensure that Fountain Hills finances are stable and sustainable. Policy 2: Increase the Town’s revenue stream by supporting commercial development and redevelopment in the Town Center, Commerce Center, Shea Corridor and Saguaro Boulevard character areas. Redevelopment of this under-performing commercial property within the Shea Corridor can support this goal by adding new, high quality housing, which will generate construction sales tax and other taxes for the Town. This development is envisioned for the Shea Corridor Character Area. J. Conclusion This PAD provides a framework for re-development of an underutilized and defunct commercial within an identified growth area with a quality use, which is anticipated to (i) reinvigorate the remaining retail within the Four Peaks Plaza; and (ii) provide new housing opportunities for a range of residents including the Town’s workforce of healthcare professionals, teachers, etc, which otherwise commonly commute to Fountain Hills for employment purposes. This proposal incorproates superior site and building design, generous landscaping, and is consistent in scale with the Four Peaks shopping center. This PAD is entirely consistent with the newly adopted General Plan. TAB A TAB B TAB 2: General Plan Map (Shea Corridor) TAB C TAB D STAIR STAIR STAIR CORE S T A I R STAIR 2 B 2B 2A 1 B 3A 1B 1 B 1A 2 B 1 B 1B 1B 2B 1 B 2 B 2A 1 B 1 A 1B 1A 1 B 3B 2B 2A 2A 3 A 2 A 1B 1 B 2 A 2 A 2 A 2 A 1 B 1B 1 A 1 A 2A 1B 1B 1 B 2 B 1 B1B 1A 1A1B 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 1 A 1 A 1B 1B T E C H N O L O G Y D R I V E 1B 1B VACANTAPN: 176-09-492BZONING: IND-1 1 B 1 B 1 B 1 B 1A CORE COM M O N S A R E A INDUSTRIAL -STORAGE FACILITYAPN: 176-09-198ZONING: IND-1 TARGET SHOPPING CENTERAPN: 176-09-489ZONING: C-2 PUD & IND-1 LARGE LOTRESIDENTIALAPN'S: MULTIPLEZONING: R1-35 INDUSTRIAL -STORAGE FACILITYAPN: 176-09-197ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-196ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-195ZONING: IND-1 VACANT COMM.BUILDINGAPN: 176-09-485ZONING: C-2 PUD& IND-1 DISCOUNT TIREAPN: 176-09-484ZONING: C-2 PUD& IND-1 INDUSTRIAL ACCESS R O A D S H E A B O U L E V A R D 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B DRAI N A G E C H A N N E L COURTYARD COURTYARD PARKINGSTRUCTURE R A M P G A R A G E A C C E S S EME R G E N C Y / R E F U S E A C C E S S O N L Y / PED E S T R I A N M A L L / A C C E S S EXISTINGPARKING TARGET PROPOSED LANDSCAPE STRIP PROPOSED SCREEN/RETAINING WALL RECONFIGUREPARKING LOT GATED VEHICULAR ACCESS(FIRE/REFUSE ONLY) PROPOSED REFUSE ENCLOSURESPER DTL. FH-135 W/ 30' CLEARAPPROACH (TYP.) PEDESTRIANACCESS TOSHOPPING NEW DRIVEWAY CONNECTION/COMMERCIAL ACCESS/PEDESTRIAN ACCESS GATED VEHICULAR ACCESS(FIRE/REFUSE ONLY) EXISTING TARGET/FOUR PEAKSPLAZA SIGNAGE TO REMAIN(TRACT "B" - APN:176-09-493) PROPOSED RESIDENTIALMONUMENT SIGN 20' P.U.E. 10' SIDEWALKEASEMENT PEDESTRIAN MALL/ACCESS/ENHANCED PAVING PEDESTRIAN CONNECTIVITY ENTRY PORTAL 75' DRAINAGE EASEMENT 8' S/W 8' S/W 8' S/W TIEREDRETAININGWALL 30.0' BSB 30.0 ' BSB +/-3 8 ' 30'EXIS T . ENT R Y 26'PRO P . ENT R Y 5' N E W S I D E W A L K C O N N E C T I O N 16 . 5 ' 2.5 ' 26 ' 19 ' 24' 24 ' 24' 16.5' 2.5' 16' 16 ' 30.0' BSB +/-38' +/-6 3 ' 15.0 ' BSB 15.0' BSB 20' 2.5' 2.5' +/-32 ' +/-58' 31 ' EXI S T . EN T R Y 2 4 ' +/-38' 100 . 0 ' ROW 50.0' ROW +/-54' +/ - 2 7 6 ' +/-131' 9' 16 . 5 ' 2.5 ' 9' 11' 9' 11' 5' 5' 1 2 . 5 ' 9.3' 20' 10' 30.0' ROW 24' 75 ' NORTH S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T N.T.S. VICINITY MAP FOUNTAIN HILLS SITE S H E A B L V D . T E C H N O L O G Y D R . LASER DR. SAGUARO BLVD. 10 0 1 W e s t S o u t h e r n A v e n u e , S u i t e 1 3 1 Me s a , A r i z o n a 8 5 2 1 0 ( 4 8 0 ) 2 0 7 - 2 6 6 6 C 2 0 2 3 Kimley-Horn and Associates, Inc. 1 1 CO N C E P T U A L S I T E P L A N ENGINEER:KIMLEY-HORN1001 W. SOUTHERN AVE.,SUITE 131,MESA, AZ 85210CONTACT: MATT UPDEGRAFFPHONE: 480.207.2667EMAIL:MATT.UPDEGRAFF@KIMLEY-HORN.COM REPRESENTATIVE:WITHEY MORRIS, PLC2525 E ARIZONA BILTMORE CIR.,SUITE A-212,PHOENIX, AZ 85016CONTACT: STEPHANIE WATNEYPHONE: 602.346.4619EMAIL:STEPHANIE@WITHEYMORRIS.COM PROJECT TEAM: DEVELOPER:SANDOR DEVELOPMENT COMPANY5725 N. SCOTTSDALE RD SUITE #C195, SCOTTSDALE, AZ 85250CONTACT: JUSTIN ELLER, EMAIL:JELLER@SANDCAPITAL.NETPHONE: 480.385.1304 ARCHITECT:AYERS SAINT GROSS60 E. RIO SALADO PKWY.,SUITE 701,TEMPE, AZ 85281CONTACT: CAROLYN KRALLPHONE: 480.528.3669EMAIL:CKRALL@AYERSSAINTGROSS.COM PLANNER:KIMLEY-HORN1001 W. SOUTHERN AVE.,SUITE 131,MESA, AZ 85210CONTACT: KEITH NICHTERPHONE: 602.313.7206EMAIL:KEITH.NICHTER@KIMLEY-HORN.COM SITE PLAN DATA: APN'S: = 176-09-486, 176-09-487, 176-09-488 ADDRESS:= 16815 E SHEA BLVD. FOUNTAIN HILLS 85268 EXISTING GENERAL PLAN:= C/R GEN. COMMERCIAL/RETAIL SPECIFIC PLAN AREA:= FUTURE SHEA AREA SPECIFIC PLAN EXISTING ZONING: = C-2 PUD & IND-1 PROPOSED ZONING:= PAD W/ UNDERLYING R-5 ZONING GROSS LAND AREA: = +/-8.93 AC (389,207.26 SF) NET LAND AREA: = +/-6.67 AC (290,505.71 SF) UNITS PROPOSED:= 316 UNITS UNIT DATA: 1 BEDROOM (1A-759 SF, 1B-729 SF): = 149 UNITS 2 BEDROOM (2A-987 SF, 2B-928 SF): = 152 UNITS 3 BEDROOM (3A - 1,200 SF) : = 15 UNITS AREA PER D.U. ALLOWED:= 1 UNIT PER 1,740 SF OF GROSS AREA AREA PER D.U. PROPOSED:= 1 UNIT PER 1,231 SF OF GROSS AREA MIN. LOT WIDTH ALLOWED/PROP.: = >60' MIN. YARD S/B'S ALLOWED/PROP.: = FRONT: >30', REAR:>30', SIDES:>10' ALLOWED BUILDING HEIGHT: = 30' PROPOSED BUILDING HEIGHT: = 49'-55' FROM F.F. (4 STORIES) LOT COVERAGE ALLOWED: = 50% / <145,252.85 SF LOT COVERAGE PROVIDED: = 41% / 120,667.26 SF OPEN SPACE REQUIRED:= 15% / 58,381.08 SF (1.33 AC) OPEN SPACE PROVIDED:= +/-25% / +/-97,301.81 SF (2.23 AC) PARKING SPACE DATA: REQUIRED (M.F.) PROPOSED (PAD) 1 BEDROOM:= 1.5 PER UNIT = 1.4 PER UNIT 2 BEDROOM:= 2 PER UNIT = 1.7 PER UNIT 3 BEDROOM:= 2 PER UNIT = 2 PER UNIT GUEST SPACES:= .25 PER UNIT = .20 PER UNIT REQUIRED TOTAL:= 637 SPACES = 561 SPACES PARKING PROVIDED:= 561 SPACES PROVIDED (63 SURFACE/498 STRUCTURE) PARKING LOT LANDSCAPE REQUIRED = +/-1,322 SQUARE FEET (5% OF 26,424 SF PARKING AREA) PARKING LOT LANDSCAPE PROVIDED= +/-9,500 SQUARE FEET (+/-35%) CONCEPT. SITE PLAN AS SHOWN JK ASG/KH KN 05/31/2023 03/03/2023 TAB E TAB F PROJECT TEAM 1 2 3 4 5 6 7 JHGFEDCB A PROJECT INFORMATION © COPYRIGHT AYERS/SAINT/GROSS, 2017 DRAWING NUMBER DRAWING NAME PROJECT DESIGN PHASE ISSUE DATE: JOB NO.: DRAWN BY: SCALE: DRAWING INFORMATION REVISIONS 1 2 3 4 5 6 7 JHGFEDCB A Ayers Saint Gross60 E. Rio Salado Pkwy. #701Tempe, AZ 85281 FOUNTAIN HILLS MULTI-FAMILY HOUSING $ EXTERIOR ELEVATIONS 02/27/23 Author Kimley Horn1001 W. Southern Ave. Ste 131Mesa, AZ 85210 5(9 '(6&5,37,21 '$7( N VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT S.E.C. OF TECHNOLOGY DRIVE AND SHEA BOULEVARD FOUNTAIN HILLS. ARIZONA FOR RE V I E W O N L Y NOT FO R C O N S T R U C T I O N PRELIMINARY ARCHITECTURAL RENDERINGS A-102 PRELIMINARY EXTERIOR MATERIAL LEGEND CEMENT PLASTER COLOR 1 (BOD: SW 0037 MORRIS ROOM GREY) CEMENT PLASTER COLOR 2 (BOD: SW 9590 TAUPE OF THE MORNING) CEMENT PLASTER COLOR 3 (BOD: SW 7005 PURE WHITE) WINDOW / STOREFRONT(GLAZING BOD: SOLARBAN 70XL OPTIGRAY, FRAME COLOR: BLACK) STONE VENEER (BOD: ELDORADO STONE, LIMESTONE YORK) PAINTED METAL RAILING/CANOPY (BOD: SW 7048 URBANE BRONZE) HIP ROOF TILES (BOD: BORAL ROOFING, 1 PIECE S TILE - RED) MOSAIC TILE ACCENT (BOD: TBD) PAINTED METAL TRELLIS (BOD: SW 7044 AMAZING GRAY) AWNING (BOD: SUNBRELLA BEAUFORT BLACK/WHITE 6 AWNING FABRIC) REVISION 01 14 JUN 2023 ENTRY DRIVE FROM SHEA BLVD. - PROPOSED RENDERING EXISTING VIEW PROJECT TEAM 1 2 3 4 5 6 7 JHGFEDCB A PROJECT INFORMATION © COPYRIGHT AYERS/SAINT/GROSS, 2017 DRAWING NUMBER DRAWING NAME PROJECT DESIGN PHASE ISSUE DATE: JOB NO.: DRAWN BY: SCALE: DRAWING INFORMATION REVISIONS 1 2 3 4 5 6 7 JHGFEDCB A Ayers Saint Gross60 E. Rio Salado Pkwy. #701Tempe, AZ 85281 FOUNTAIN HILLS MULTI-FAMILY HOUSING $ EXTERIOR ELEVATIONS 02/27/23 Author Kimley Horn1001 W. Southern Ave. Ste 131Mesa, AZ 85210 5(9 '(6&5,37,21 '$7( N VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT S.E.C. OF TECHNOLOGY DRIVE AND SHEA BOULEVARD FOUNTAIN HILLS. ARIZONA FOR RE V I E W O N L Y NOT FO R C O N S T R U C T I O N PRELIMINARY ARCHITECTURAL RENDERINGS A-103 PRELIMINARY EXTERIOR MATERIAL LEGEND CEMENT PLASTER COLOR 1 (BOD: SW 0037 MORRIS ROOM GREY) CEMENT PLASTER COLOR 2 (BOD: SW 9590 TAUPE OF THE MORNING) CEMENT PLASTER COLOR 3 (BOD: SW 7005 PURE WHITE) WINDOW / STOREFRONT(GLAZING BOD: SOLARBAN 70XL OPTIGRAY, FRAME COLOR: BLACK) STONE VENEER (BOD: ELDORADO STONE, LIMESTONE YORK) PAINTED METAL RAILING/CANOPY (BOD: SW 7048 URBANE BRONZE) HIP ROOF TILES (BOD: BORAL ROOFING, 1 PIECE S TILE - RED) MOSAIC TILE ACCENT (BOD: TBD) PAINTED METAL TRELLIS (BOD: SW 7044 AMAZING GRAY) AWNING (BOD: SUNBRELLA BEAUFORT BLACK/WHITE 6 AWNING FABRIC) REVISION 01 14 JUN 2023 VIEW FROM TARGET - PROPOSED RENDERING EXISTING VIEW PROJECT TEAM 1 2 3 4 5 6 7 JHGFEDCB A PROJECT INFORMATION © COPYRIGHT AYERS/SAINT/GROSS, 2017 DRAWING NUMBER DRAWING NAME PROJECT DESIGN PHASE ISSUE DATE: JOB NO.: DRAWN BY: SCALE: DRAWING INFORMATION REVISIONS 1 2 3 4 5 6 7 JHGFEDCB A Ayers Saint Gross60 E. Rio Salado Pkwy. #701Tempe, AZ 85281 FOUNTAIN HILLS MULTI-FAMILY HOUSING $ EXTERIOR ELEVATIONS 02/27/23 Author Kimley Horn1001 W. Southern Ave. Ste 131Mesa, AZ 85210 5(9 '(6&5,37,21 '$7( N VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT S.E.C. OF TECHNOLOGY DRIVE AND SHEA BOULEVARD FOUNTAIN HILLS. ARIZONA FOR RE V I E W O N L Y NOT FO R C O N S T R U C T I O N PRELIMINARY ARCHITECTURAL RENDERINGS A-104 PRELIMINARY EXTERIOR MATERIAL LEGEND CEMENT PLASTER COLOR 1 (BOD: SW 0037 MORRIS ROOM GREY) CEMENT PLASTER COLOR 2 (BOD: SW 9590 TAUPE OF THE MORNING) CEMENT PLASTER COLOR 3 (BOD: SW 7005 PURE WHITE) WINDOW / STOREFRONT(GLAZING BOD: SOLARBAN 70XL OPTIGRAY, FRAME COLOR: BLACK) STONE VENEER (BOD: ELDORADO STONE, LIMESTONE YORK) PAINTED METAL RAILING/CANOPY (BOD: SW 7048 URBANE BRONZE) HIP ROOF TILES (BOD: BORAL ROOFING, 1 PIECE S TILE - RED) MOSAIC TILE ACCENT (BOD: TBD) PAINTED METAL TRELLIS (BOD: SW 7044 AMAZING GRAY) AWNING (BOD: SUNBRELLA BEAUFORT BLACK/WHITE 6 AWNING FABRIC) REVISION 01 14 JUN 2023 ENTRY DRIVE FROM TECHNOLOGY DRIVE - PROPOSED RENDERING EXISTING VIEW TAB G PROJECT TEAM 1 2 3 4 5 6 7 JHGFEDCB A PROJECT INFORMATION © COPYRIGHT AYERS/SAINT/GROSS, 2017 DRAWING NUMBER DRAWING NAME PROJECT DESIGN PHASE ISSUE DATE: JOB NO.: DRAWN BY: SCALE: DRAWING INFORMATION REVISIONS 1 2 3 4 5 6 7 JHGFEDCB A Ayers Saint Gross60 E. Rio Salado Pkwy. #701Tempe, AZ 85281 FOUNTAIN HILLS MULTI-FAMILY HOUSING $ EXTERIOR ELEVATIONS 02/27/23 Author Kimley Horn1001 W. Southern Ave. Ste 131Mesa, AZ 85210 5(9 '(6&5,37,21 '$7( N VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT S.E.C. OF TECHNOLOGY DRIVE AND SHEA BOULEVARD FOUNTAIN HILLS. ARIZONA FOR RE V I E W O N L Y NOT FO R C O N S T R U C T I O N PRELIMINARY EXTERIOR ELEVATIONS A-100 PRELIMINARY EXTERIOR MATERIAL LEGEND CEMENT PLASTER COLOR 1 (BOD: SW 0037 MORRIS ROOM GREY) CEMENT PLASTER COLOR 2 (BOD: SW 9590 TAUPE OF THE MORNING) CEMENT PLASTER COLOR 3 (BOD: SW 7005 PURE WHITE) WINDOW / STOREFRONT(GLAZING BOD: SOLARBAN 70XL OPTIGRAY, FRAME COLOR: BLACK) STONE VENEER (BOD: ELDORADO STONE, LIMESTONE YORK) PAINTED METAL RAILING/CANOPY (BOD: SW 7048 URBANE BRONZE) HIP ROOF TILES (BOD: BORAL ROOFING, 1 PIECE S TILE - RED) MOSAIC TILE ACCENT (BOD: TBD) PAINTED METAL TRELLIS (BOD: SW 7044 AMAZING GRAY) AWNING (BOD: SUNBRELLA BEAUFORT BLACK/WHITE 6 AWNING FABRIC) REVISION 01 14 JUN 2023 A B A - WEST ELEVATION - SHEA BLVD. B - EAST ELEVATION - TECHNOLOGY DRIVE 0’ 10’ 40’20’ 0’ 10’ 40’20’ 49’-0” T.O. PARAPET 35’-0” LEVEL 4 25’-0” LEVEL 3 15’-0” LEVEL 2 LEVEL 1 0’-0”, SEE CIVIL 49’-0” T.O. PARAPET 35’-0” LEVEL 4 25’-0” LEVEL 3 15’-0”LEVEL 2 LEVEL 1 0’-0”, SEE CIVIL 55’-0” T.O. PARAPET 51’-0” T.O. ROOF PROJECT TEAM 1 2 3 4 5 6 7 JHGFEDCB A PROJECT INFORMATION © COPYRIGHT AYERS/SAINT/GROSS, 2017 DRAWING NUMBER DRAWING NAME PROJECT DESIGN PHASE ISSUE DATE: JOB NO.: DRAWN BY: SCALE: DRAWING INFORMATION REVISIONS 1 2 3 4 5 6 7 JHGFEDCB A Ayers Saint Gross60 E. Rio Salado Pkwy. #701Tempe, AZ 85281 FOUNTAIN HILLS MULTI-FAMILY HOUSING $ EXTERIOR ELEVATIONS 02/27/23 Author Kimley Horn1001 W. Southern Ave. Ste 131Mesa, AZ 85210 5(9 '(6&5,37,21 '$7( N VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT S.E.C. OF TECHNOLOGY DRIVE AND SHEA BOULEVARD FOUNTAIN HILLS. ARIZONA FOR RE V I E W O N L Y NOT FO R C O N S T R U C T I O N PRELIMINARY EXTERIOR ELEVATIONS A-101 PRELIMINARY EXTERIOR MATERIAL LEGEND CEMENT PLASTER COLOR 1 (BOD: SW 0037 MORRIS ROOM GREY) CEMENT PLASTER COLOR 2 (BOD: SW 9590 TAUPE OF THE MORNING) CEMENT PLASTER COLOR 3 (BOD: SW 7005 PURE WHITE) WINDOW / STOREFRONT(GLAZING BOD: SOLARBAN 70XL OPTIGRAY, FRAME COLOR: BLACK) STONE VENEER (BOD: ELDORADO STONE, LIMESTONE YORK) PAINTED METAL RAILING/CANOPY (BOD: SW 7048 URBANE BRONZE) HIP ROOF TILES (BOD: BORAL ROOFING, 1 PIECE S TILE - RED) MOSAIC TILE ACCENT (BOD: TBD) PAINTED METAL TRELLIS (BOD: SW 7044 AMAZING GRAY) AWNING (BOD: SUNBRELLA BEAUFORT BLACK/WHITE 6 AWNING FABRIC) REVISION 01 14 JUN 2023 C - NORTH ELEVATION - SHEA BLVD. & TECHNOLOGY DR. INTERSECTION D - SOUTH ELEVATION - TARGET SERVICE DRIVE & PARKING LOT 0’ 10’ 40’20’ 0’ 10’ 40’20’ MAIN BLDG. ENTRY E - SOUTH ELEVATION - TARGET PARKING LOT C D E 49’-0” T.O. PARAPET 35’-0” LEVEL 4 25’-0” LEVEL 3 15’-0” LEVEL 2 LEVEL 1 0’-0”, SEE CIVIL 49’-0” T.O. PARAPET 35’-0” LEVEL 4 25’-0” LEVEL 3 15’-0” LEVEL 2 0’-0”, SEE CIVIL LEVEL 1 51’-0” T.O. ROOF55’-0” T.O. PARAPET PARKING GARAGE ENTRY 51’-0” T.O. ROOF 51’-0” T.O. ROOF TAB H Color and Material Board TAB I APN:176-09-489 OWNER:TARGET CORPORATION ZONING:IND-1 SHE A B O U L E V A R D TEC H N O L O G Y D R I V E P O O L PROPOSEDPARKINGGARAGE PROPOSEDBUILDING LS.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH REQUIREMENT PROVIDED GENERAL LANDSCAPE (SUB. ORD. SECTION 6.05 C. 6. a.) FOR EVERY 3,000 SF (SITE TOTAL: 68,345 SF) ·(23) 10' SAGUARO OR TALLER ·(23) 36" BOX TREE ·(23) 24" BOX TREE ·(46) 15 GALLON TREES ·(46) 8 SPINE MIN. OCOTILLOS ·(230) 5 GAL. CACTI/SUCCULENTS ·(345) 5 GAL. OR (690) 1 GAL.SHRUBS AND GROUNDCOVERS ·(230) 2'x4' (ONE TON) SURFACESELECT BOULDERS ·100% INORGANIC GROUNDCOVER TOWN OF FOUNTAIN HILLS LANDSCAPE REQUIREMENTS (23) SAGUARO (10'+)(27) 36" BOX TREE(78) 24" BOX TREES(0) 15 GALLON TREES(46) 8 SPINE MIN. OCOTILLOS(230) 5 GAL. CACTI/SUCCULENT(250) 5 GAL. SHRUBS &(190) 1 GAL. GROUNDCOVERS (230) 2'x4' SURFACE SELECTBOULDERS100% PROVIDED BOTANICAL NAME / COMMON NAME SIZE TREES PLANTING LEGEND Existing Tree Species Varies SHRUBS AND ACCENTS Parkinsonia x 'Desert Museum' Desert Museum Palo Verde Prosopis x 'Rio Salado' Thornless Mesquite Olneya tesota Ironwood 1 3 LA N D S C A P E P L A N LS1 MATCHLINE: SEE SHEET LS2 Size Varies Chilopsis linearis 'Lopur' Desert Diva Desert Willow Ulmus parviflora Evergreen Elm Phoenix dactylifera Date Palm QTY 16 13 11 34 9 10 21 Acacia aneura Mulga 10 MATERIALS Decomposed Granite (Submit Sample to Owner for Approval) Size and Color to Match Adjacent Streetscape, 2" Depth Min. DESCRIPTION 68,345 SF QTY GROUNDCOVERS BOTANICAL NAME / COMMON NAME SIZE BOTANICAL NAME / COMMON NAME SIZE NOTE:PRELIMINARY LANDSCAPE PLAN PROVIDED FOR THEZONING SUBMITTAL SHOWS THE PROPOSED LOCATIONOF TREES ONLY. PROPOSED SHRUBS ANDGROUNDCOVER SPECIES ARE SHOWN IN THE LEGENDTO PROVIDE AN OVERALL PLANT PALETTE FOR THEDEVELOPMENT, BUT EXACT LOCATIONS WILL BE SHOWNIN SUBSEQUENT SUBMITTALS. FUTURE SUBMITTALSWILL ENSURE ALL PLANT QUANTITIES REQUIREMENTSARE MET. Calliandra californica/ Pink Fairy Duster Eremophila hygrophana / Blue Bells Myrtus communis 'Compacta' / Dwarf Myrtle Olea europaea 'Little Ollie' / Little Ollie Simmondsia chinesis / Jojoba Tecoma stans 'Gold Star' / Gold Star Tecoma Eremophila glabra 'Ouback Sunrise' / Outback Sunrise Emu Lantana camara 'New Gold' / New Gold Lantana Lantana montevidensis / Purple Trailing Lantana Wedelia trilobata / Yellow Dot Fouquieria splendens / Ocotillo Larrea tridentata / Creosote Agave parryi 'Truncata' / Artichoke Agave Agave 'Blue Glow' / Blue Glow Agave Bougainvillea 'La Jolla' / La Jolla Bougainvillea Carnegiea gigantea / Saguaro Dasylirion wheeler / Desert Spoon Ruellia peninsularis / Baja Ruellia Rosmarinus officinalis / Upright Rosemary Muhlenbergia capillaris 'Regal Mist' / Regal Mist Muhly Yucca elata / Soaptree Yucca Leucophyllum zygophyllum / Cimarron Sage Surface Select Boulder, Gold Tones* 2-3' Diameter 3-4' Diameter 5 Gal. 5 Gal. 5 Gal. 10' Ht. Min. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 8 Spine Min. 3' Ht. Min. 1 Gal. 1 Gal. 1 Gal. 1 Gal. 212" Cal. Min., 8' Ht. Min.6' Width Min., 36" Box Min. 2" Cal. Min., 8' Ht. Min.4' Width Min., 24" Box Min. 2" Cal. Min., 7' Ht. Min.6' Width Min., 24" Box Min. 2" Cal. Min., 7' Ht. Min.4' Width Min., 24" Box Min. 212" Cal. Min., 10' Ht. Min.6' Width Min., 36" Box Min. 18' Clear Trunk Height 2" Cal. Min., 6' Ht. Min.3' Width Min., 24" Box Min. AA V 06 / 0 2 / 2 0 2 3 JA J 2N D S U B M I T T A L 1 VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T PROPOSED PARKINGGARAGE APN:176-09-489OWNER:TARGETCORPORATIONZONING:IND-1 T E C H N O L O G Y D R I V E PROPOSEDBUILDING LS.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH MATCHLINE: SEE SHEET LS1 2 3 LA N D S C A P E P L A N LS2 BOTANICAL NAME / COMMON NAME SIZE TREES PLANTING LEGEND Existing Tree Species Varies SHRUBS AND ACCENTS Parkinsonia x 'Desert Museum' Desert Museum Palo Verde Prosopis x 'Rio Salado' Thornless Mesquite Olneya tesota Ironwood Size Varies Chilopsis linearis 'Lopur' Desert Diva Desert Willow Ulmus parviflora Evergreen Elm Phoenix dactylifera Date Palm Acacia aneura Mulga MATERIALS Decomposed Granite (Submit Sample to Owner for Approval) Size and Color to Match Adjacent Streetscape, 2" Depth Min. DESCRIPTION GROUNDCOVERS BOTANICAL NAME / COMMON NAME BOTANICAL NAME / COMMON NAME NOTE͗PRELIMINARY LANDSCAPE PLAN PROVIDED FOR THEZONING SUBMITTAL SHOWS THE PROPOSED LOCATIONOF TREES ONLY. PROPOSED SHRUBS ANDGROUNDCOVER SPECIES ARE SHOWN IN THE LEGENDTO PROVIDE AN OVERALL PLANT PALETTE FOR THEDEVELOPMENT, BUT EXACT LOCATIONS WILL BE SHOWNIN SUBSEQUENT SUBMITTALS. FUTURE SUBMITTALSWILL ENSURE ALL PLANT QUANTITIES REQUIREMENTSARE MET. Calliandra californica/ Pink Fairy Duster Eremophila hygrophana / Blue Bells Myrtus communis 'Compacta' / Dwarf Myrtle Olea europaea 'Little Ollie' / Little Ollie Simmondsia chinesis / Jojoba Tecoma stans 'Gold Star' / Gold Star Tecoma Eremophila glabra 'Ouback Sunrise' / Outback Sunrise Emu Lantana camara 'New Gold' / New Gold Lantana Lantana montevidensis / Purple Trailing Lantana Wedelia trilobata / Yellow Dot Fouquieria splendens / Ocotillo Larrea tridentata / Creosote Agave parryi 'Truncata' / Artichoke Agave Agave 'Blue Glow' / Blue Glow Agave Bougainvillea 'La Jolla' / La Jolla Bougainvillea Carnegiea gigantea / Saguaro Dasylirion wheeler / Desert Spoon Ruellia peninsularis / Baja Ruellia Rosmarinus officinalis / Upright Rosemary Muhlenbergia capillaris 'Regal Mist' / Regal Mist Muhly Yucca elata / Soaptree Yucca Leucophyllum zygophyllum / Cimarron Sage Surface Select Boulder, Gold Tones* 2-3' Diameter 3-4' Diameter SIZE SIZE 5 Gal. 5 Gal. 5 Gal. 10' Ht. Min. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 5 Gal. 8 Spine Min. 3' Ht. Min. 1 Gal. 1 Gal. 1 Gal. 1 Gal. 212" Cal. Min., 8' Ht. Min.6' Width Min., 36" Box Min. 2" Cal. Min., 8' Ht. Min.4' Width Min., 24" Box Min. 2" Cal. Min., 7' Ht. Min.6' Width Min., 24" Box Min. 2" Cal. Min., 7' Ht. Min.4' Width Min., 24" Box Min. 212" Cal. Min., 10' Ht. Min.6' Width Min., 36" Box Min. 18' Clear Trunk Height 2" Cal. Min., 6' Ht. Min.3' Width Min., 24" Box Min. AA V 06 / 0 2 / 2 0 2 3 JA J 2N D S U B M I T T A L 1 VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T 4'-2"3'-6"4'-2"3'-6" 16' 4 ' 14'-2" 2'- 5 " 41'-3"44'-9" LS.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S VILLAGE AT FOUR PEAKS 3 3 MO N U M E N T S I G N E L E V A T I O N LS3 MONUMENT SIGN ELEVATION MONUMENT SIGN PLAN EXISTING MONUMENT SIGN MODIFICATION AA V 06 / 0 2 / 2 0 2 3 JA J 2N D S U B M I T T A L 1 VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T TAB J STAIR STAIR STAIR CORE S T A I R STAIR 2 B 2B 2A 1 B 3A 1B 1 B 1A 2 B 1 B 1B 1B 2B 1 B 2 B 2A 1 B 1 A 1B 1A 1 B 3B 2B 2A 2A 3 A 2 A 1B 1 B 2 A 2 A 2 A 2 A 1 B 1B 1 A 1 A 2A 1B 1B 1 B 2 B 1 B1B 1A 1A1B 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 1 A 1 A 1B 1B T E C H N O L O G Y D R I V E 1B 1B VACANTAPN: 176-09-492BZONING: IND-1 1 B 1 B 1 B 1 B 1A CORE COM M O N S A R E A INDUSTRIAL -STORAGE FACILITYAPN: 176-09-198ZONING: IND-1 TARGET SHOPPING CENTERAPN: 176-09-489ZONING: C-2 PUD & IND-1 LARGE LOTRESIDENTIALAPN'S: MULTIPLEZONING: R1-35 INDUSTRIAL -STORAGE FACILITYAPN: 176-09-197ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-196ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-195ZONING: IND-1 VACANT COMM.BUILDINGAPN: 176-09-485ZONING: C-2 PUD& IND-1 DISCOUNT TIREAPN: 176-09-484ZONING: C-2 PUD& IND-1 INDUSTRIAL ACCESS R O A D S H E A B O U L E V A R D 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B DRAI N A G E C H A N N E L COURTYARD COURTYARD PARKINGSTRUCTURE R A M P G A R A G E A C C E S S EME R G E N C Y / R E F U S E A C C E S S O N L Y / PED E S T R I A N M A L L / A C C E S S EXISTINGPARKING TARGET NORTH S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T N.T.S. VICINITY MAP FOUNTAIN HILLS SITE S H E A B L V D . T E C H N O L O G Y D R . LASER DR. SAGUARO BLVD. 10 0 1 W e s t S o u t h e r n A v e n u e , S u i t e 1 3 1 Me s a , A r i z o n a 8 5 2 1 0 ( 4 8 0 ) 2 0 7 - 2 6 6 6 C 2 0 2 3 Kimley-Horn and Associates, Inc. 1 1 WA L L P L A N LEGEND: EXISTING SCREENING/RETAINING WALL (SOLID)TO REMAIN PROPOSED SCREENING/LOW WALL (SOLID) PROPOSED SCREENING/FULL WALL (SOLID) PROPOSED SCREENING/FULL FENCE (VIEW) PROPOSED REFUSEENCLOSURE/GATE WALL PLAN AS SHOWN JK ASG/KH KN 05/31/2023 03/03/2023 NOTE: SEE L/S PLAN & ELEVATIONS FOR CONCEPTUAL MATERIALS/COLORS TAB K STAIR STAIR STAIR CORE S T A I R STAIR 2 B 2B 2A 1 B 3A 1B 1 B 1A 2 B 1 B 1B 1B 2B 1 B 2 B 2A 1 B 1 A 1B 1A 1 B 3B 2B 2A 2A 3 A 2 A 1B 1 B 2 A 2 A 2 A 2 A 1 B 1B 1 A 1 A 2A 1B 1B 1 B 2 B 1 B1B 1A 1A1B 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 1 A 1 A 1B 1B T E C H N O L O G Y D R I V E 1B 1B VACANTAPN: 176-09-492BZONING: IND-1 1 B 1 B 1 B 1 B 1A CORE COM M O N S A R E A INDUSTRIAL -STORAGE FACILITYAPN: 176-09-198ZONING: IND-1 TARGET SHOPPING CENTERAPN: 176-09-489ZONING: C-2 PUD & IND-1 LARGE LOTRESIDENTIALAPN'S: MULTIPLEZONING: R1-35 INDUSTRIAL -STORAGE FACILITYAPN: 176-09-197ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-196ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-195ZONING: IND-1 VACANT COMM.BUILDINGAPN: 176-09-485ZONING: C-2 PUD& IND-1 DISCOUNT TIREAPN: 176-09-484ZONING: C-2 PUD& IND-1 INDUSTRIAL ACCESS R O A D S H E A B O U L E V A R D 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B DRAI N A G E C H A N N E L COURTYARD COURTYARD PARKINGSTRUCTURE R A M P G A R A G E A C C E S S EME R G E N C Y / R E F U S E A C C E S S O N L Y / PED E S T R I A N M A L L / A C C E S S EXISTINGPARKING TARGET 250' 2 5 0 ' 250' 250' NORTH S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T N.T.S. VICINITY MAP FOUNTAIN HILLS S H E A B L V D . T E C H N O L O G Y D R . LASER DR. SAGUARO BLVD. 10 0 1 W e s t S o u t h e r n A v e n u e , S u i t e 1 3 1 Me s a , A r i z o n a 8 5 2 1 0 ( 4 8 0 ) 2 0 7 - 2 6 6 6 C 2 0 2 3 Kimley-Horn and Associates, Inc. 1 1 RE F U S E P L A N LEGEND: 250' REFUSERADIUS SECTION 5.18 TRASH ENCLOSURES:250' WALKING FEET TO THE MAIN ENTRANCEOF UNITS THEY ARE INTENDED TO SERVE AS SHOWN JK ASG/KH KN REFUSE PLAN 05/31/2023 250' REFUSEENCLOSURE 250' 2 5 0 ' 250' 250' 250' 2 5 0 ' 250' 250' SITE TAB L STAIR STAIR STAIR CORE S T A I R STAIR 2 B 2B 2A 1 B 3A 1B 1 B 1A 2 B 1 B 1B 1B 2B 1 B 2 B 2A 1 B 1 A 1B 1A 1 B 3B 2B 2A 2A 3 A 2 A 1B 1 B 2 A 2 A 2 A 2 A 1 B 1B 1 A 1 A 2A 1B 1B 1 B 2 B 1 B1B 1A 1A1B 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 2 A 1 A 1 A 1B 1B T E C H N O L O G Y D R I V E 1B 1B VACANTAPN: 176-09-492BZONING: IND-1 1 B 1 B 1 B 1 B 1A CORE COM M O N S A R E A INDUSTRIAL -STORAGE FACILITYAPN: 176-09-198ZONING: IND-1 TARGET SHOPPING CENTERAPN: 176-09-489ZONING: C-2 PUD & IND-1 LARGE LOTRESIDENTIALAPN'S: MULTIPLEZONING: R1-35 INDUSTRIAL -STORAGE FACILITYAPN: 176-09-197ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-196ZONING: IND-1 INDUSTRIAL -AUTO FACILITIESAPN: 176-09-195ZONING: IND-1 VACANT COMM.BUILDINGAPN: 176-09-485ZONING: C-2 PUD& IND-1 DISCOUNT TIREAPN: 176-09-484ZONING: C-2 PUD& IND-1 INDUSTRIAL ACCESS R O A D S H E A B O U L E V A R D 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B 2 B DRAI N A G E C H A N N E L COURTYARD COURTYARD PARKINGSTRUCTURE R A M P G A R A G E A C C E S S EME R G E N C Y / R E F U S E A C C E S S O N L Y / PED E S T R I A N M A L L / A C C E S S EXISTINGPARKING TARGET NORTH S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A VI L L A G E A T F O U R P E A K S - P L A N N E D A R E A D E V E L O P M E N T N.T.S. VICINITY MAP FOUNTAIN HILLS SITE S H E A B L V D . T E C H N O L O G Y D R . LASER DR. SAGUARO BLVD. 10 0 1 W e s t S o u t h e r n A v e n u e , S u i t e 1 3 1 Me s a , A r i z o n a 8 5 2 1 0 ( 4 8 0 ) 2 0 7 - 2 6 6 6 C 2 0 2 3 Kimley-Horn and Associates, Inc. 1 1 OP E N S P A C E P L A N LEGEND: OPEN SPACE AREA GROSS LAND AREA: +/-8.93 AC (398,207.26 SF) OPEN SPACE REQUIRED (15% ): 58,381.08 SF (1.33 AC) OPEN SPACE PROVIDED: +/-97,301.81 SF (2.23 AC- 25%) (OUTDOOR COURTYARDS/AMENITY: +/-12,911 SF (.29 AC- 4%)) PARKING LOT L/S REQ. (5% OF 26,424 SF): +/-1,322 SF PARKING LOT L/S PROVIDED: +/-9,500 SF (+/-35%) PARKING LOT LANDSCAPE AREA OPEN SPACE PLAN AS SHOWN JK ASG/KH KN 05/31/2023 03/03/2023 TAB M ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ UT.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH MATCHLINE: SEE SHEET 4 WATER NOTES SEWER NOTES LEGEND NOTES ∆ ∆ ∆ UT.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH MATCHLINE: SEE SHEET 3 WATER NOTES SEWER NOTES LEGEND NOTES TAB N ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ ∆ GD.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH LEGEND NOTES MATCHLINE: SEE SHEET 2 STORM DRAIN NOTES BENCHMARK ∆ ∆ GD.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S NORTH LEGEND NOTES MATCHLINE: SEE SHEET 1 STORM DRAIN NOTES BENCHMARK TAB O 4'-2"3'-6"4'-2"3'-6" 16' 4 ' 14'-2" 2' - 5 " 41'-3" 44'-9" LS.dwg SHEETSOF PROJECT No. (H): (V): BY: BY: BY: SCALE SCALE DRAWN DESIGN CHECK DATE: AP P R DA T E BY DE S C R I P T I O N RE V SCALE SCALE DRAWN DESIGN CHECK 20 2 3 C S. E . C . O F T E C H N O L O G Y D R I V E A N D S H E A B O U L E V A R D FO U N T A I N H I L L S , A R I Z O N A FO U N T A I N H I L L S M U L T I - F A M I L Y VICINITY MAP FO U N T A I N H I L L S VILLAGE AT FOUR PEAKS 3 3 MO N U M E N T S I G N E L E V A T I O N LS3 MONUMENT SIGN ELEVATION MONUMENT SIGN PLAN EXISTING MONUMENT SIGN MODIFICATION Citizen Participation Report Village at Four Peaks Generally Located at the SEC of Shea Blvd & Technology Dr Prepared by: Withey Morris Baugh, PLC 2525 East Arizona Biltmore Circle Suite A-212 Phoenix, Arizona 85016 Rezoning Case No. RZ23-000002 Submittal Date: November 27, 2023 1 1. Project Description/Request The subject site is an approximately 6.7-acre property located at the southeast corner of Shea Boulevard and Technology Drive (Tab 1). This requested PAD (Case No. RZ23-000002) seeks to establish site-specific permitted uses, as well as development standards and design criteria for a high quality 316-unit, 4-story wrap residential community (the “Community”). The proposed Community will provide new and diverse housing opportunities within the Town of Fountain Hills, which will accommodate a variety of lifestyles and life cycles. This report outlines the applicant’s citizen participation efforts to date. 2. Outreach/Notification Timeline • June 6, 2023: Initial neighborhood meeting notice letters mailed by the applicant to all applicable parties within 500 feet of the Property. • June 21, 2023: An in-person neighborhood meeting for the proposed project was held at the Four Peaks Plaza, located at 16815 E. Shea Blvd, Suite 123, Fountain Hills. • September 1, 2023: A second, voluntary, neighborhood meeting notice letter was mailed by the applicant to all applicable parties within 500 feet of the Property; and, within 300 feet of the larger shopping center property due to a concurrent Sign PAD request for the overall balance of the Four Peaks Plaza. • September 18, 2023: A second, voluntary neighborhood meeting was held regarding the proposed Community, concurrent with the required neighborhood meeting for the Four Peaks Plaza Sign PAD. • November 22, 2023: Two (2) public hearing signs were posted to the Property with public hearing dates. • Town staff facilitated public hearing noticing and newspaper advertising. 3. Neighborhood Meeting Summaries A. Initial In-Person Neighborhood Meeting The applicant, along with the project development team, attended the in-person neighborhood meeting. Approximately three (3) interested individuals attended the neighborhood meeting. 2 The attendee list for the initial neighborhood meeting is enclosed at Tab 2. Attendees had general questions primarily regarding: visual impacts; timing for approvals; traffic; noticing requirements; and, average lease terms. The applicant team responded to attendee comments as outlined below: 1. Visual Impacts Neighborhood meeting attendees requested information regarding the building height. The applicant provided the building heights and further explained the grade differences between the subject site and adjacent right-of-way. Neighborhood meeting attendees requested additional information regarding potential visual impacts from beyond Shea Boulevard and Trevino Drive. The applicant indicated that the project team would work to provide an additional rendering and line-of-sight exhibit, which would be shared at a follow-up meeting. This exhibit would help provide context for the ultimate view. 2. Timing for Town Process The applicant confirmed that the typical rezoning process is six to nine months, and that the project was in the very early stages, and would likely take until the end of 2023 to get through the Town’s zoning process. 3. Traffic The applicant advised that the overall development would generate less trips per day compared to the retail center at full occupancy, and that any mitigation would be provided, as required by the Town. 4. Noticing Requirements A neighborhood meeting attendee requested confirmation regarding outreach efforts. The applicant advised that notification was mailed beyond the Town’s requirements; and, that additional outreach would occur—beyond that required by the Town— including a follow-up neighborhood meeting. 5. Workforce Questions were raised regarding the Fountain Hills workforce that the development is seeking to capture, as well as general leasing questions. The applicant advised that additional information would be captured through the process and that a typical leasing structure would be used, with most common leases lasting one (1) year. B. Second (Voluntary) In-Person Neighborhood Meeting 3 In response to questions raised regarding elements of the proposed development during the first neighborhood meeting, the applicant generated additional exhibits and a second (voluntary) neighborhood meeting was scheduled to share updates with interested parties. The applicant, along with the project development team, attended the in-person neighborhood meeting. In addition, three (3) interested individuals attended the neighborhood meeting. See the sign-in sheet enclosed at Tab 3. During the second, voluntary, neighborhood meeting, the applicant shared a line-of-sight exhibit and section with interested parties, illustrating the proposed change. Refer to Tab 4, Line of Sight Exhibits. Attendees had general questions, primarily regarding: interior qualities; traffic; compatibility; commercial vacancy; and building height. 1. Interior Qualities The applicant advised that the interiors of the units and amenity areas would be designed reflective of the luxury vernacular of the overall development, and would be consistent with other luxury developments. 2. Traffic The applicant advised that the overall development would generate less trips per day compared to the retail center at full occupancy, and that any mitigation would be provided, as required by the Town. Upon further review of traffic impacts, the applicant—in working with the project’s traffic engineer—has concluded that the level of service to adjacent roadways will remain unchanged once the project is developed, meaning the levels of delay and service of the roadway should remain consistent with what is experienced currently. 3. Compatibility One of the industrial business owners in the area raised the question of compatibility for the proposed use within the area. It was discussed that there are several horizontal mixed-use / mixed-development areas within the Valley where residential is located proximate to employment uses. The area’s land use pattern was discussed in detail. 4. Commercial Vacancy The overall vacancy of the Four Peaks Plaza was discussed, with attendees acknowledging the long-term existing conditions. 5. Building Height 4 The applicant discussed building height with attendees and explained that the maximum building heights are to accommodate parapets and architectural ornamentation. Further, it was discussed that the site is sub-grade, with a significant amount of existing landscaping and natural buffers. One (1) neighbor asked the applicant to send the exhibits to him for further review, and upon doing so, the applicant has not heard any additional feedback regarding building height. The applicant team is optimistic that several initial concerns have been met and the applicant will continue to keep an open line of communication with the community and interested parties throughout the process. 4. Correspondence to Applicant The applicant is not directly in receipt of any neighbor correspondence; however, the Board of Directors of the Fountain Hills Chamber of Commerce has provided the enclosed letter of support for the proposed development (Tab 5). PREVCO Subsea LLC 10000 N Technology Drive Fountain Hills, AZ 85268 480-837-0100 noleaks@prevco.com www.prevco.com ALL DATA AND INFORMATION CONTAINED OR DISCLOSED BY THIS DOCUMENT IS CONFIDENTIAL AND PROPRIETARY INFORMATION OF PREVCO SUBSEA, LLC AND ALL RIGHTS THEREIN ARE EXPRESSLY RESERVED. BY ACCEPTING THIS MATERIAL THE RECIPIENT AGREES THAT THE MATERIAL AND THE INFORMATION THEREIN IS HELD IN CONFIDENCE AND IN TRUST AND WILL NOT BE USED, COPIED, REPRODUCED IN WHOLE OR IN PART, NOR ITS CONTENTS REVEALED IN ANY MANNER TO OTHERS, EXCEPT TO MEET THE SPECIFIC PURPOSE FOR WHICH IT WAS DELIVERED. To: Farhad Tavassoli September 28, 2023 Senior Planner Town of Fountain Hills 480-816-5139 From: John Head Subject: Development of Parcels 176-09-488,176-09-487 & 176-09-486 Farhad, I attended a meeting on September 19th regarding the possible development of the above parcels into hundreds of small rental apartments. Note that I appreciate the developer making the invitation and allowing me to voice my concerns at that time. I own 5-acres over 4 parcels 176-09-195, -196, -197 and -198 in an area zoned IND-1 same zoning as the above parcels being proposed for this development (see image below). Located within the 4 parcels there are 3 companies that I own; Coral Cactus, LLC the property owner, Adobe Storage, LLC a tenant that rents the land and part of the 30,000 square foot building to store RV’s Boats and vehicles and PREVCO Subsea, LLC a tenant that is a manufacturer of subsea enclosures accessories and equipment http://www.prevco.com My businesses are the closest operating entities to this potential development, and I have some serious concerns about potentially 300-500 people (maybe more?) living in what is essentially an industrial zone… Considerations like heavy traffic from all these residents, pedestrians that don’t have playgrounds or neighborhoods to walk within. Technology Drive is the only way into this industrial park where Semi’s, heavy truck and delivery traffic as well as other traffic including employees, customers, service vehicles etc. I’m afraid that someone could get accidentally injured. The image below shows where my parcels are located as well shows that the new development will be surrounded by Industrial-Zoned businesses. This location just is not a good location for a residential apartment development especially considering the very high density of residents that are proposed. Do note if the decision is made to allow this development, I’ll be a good neighbor best I can but just know that I don’t think that development is right for this particular area and encourage the town to find another, more suitable, commercial use. I would like to ask that you please share my concerns with the decision makers involved with this project. Thank you! John Head PREVCO Subsea LLC 10000 N Technology Drive Fountain Hills, AZ 85268 480-837-0100 noleaks@prevco.com www.prevco.com ALL DATA AND INFORMATION CONTAINED OR DISCLOSED BY THIS DOCUMENT IS CONFIDENTIAL AND PROPRIETARY INFORMATION OF PREVCO SUBSEA, LLC AND ALL RIGHTS THEREIN ARE EXPRESSLY RESERVED. BY ACCEPTING THIS MATERIAL THE RECIPIENT AGREES THAT THE MATERIAL AND THE INFORMATION THEREIN IS HELD IN CONFIDENCE AND IN TRUST AND WILL NOT BE USED, COPIED, REPRODUCED IN WHOLE OR IN PART, NOR ITS CONTENTS REVEALED IN ANY MANNER TO OTHERS, EXCEPT TO MEET THE SPECIFIC PURPOSE FOR WHICH IT WAS DELIVERED. 1 Farhad Tavassoli From:Farhad Tavassoli Sent:Monday, December 11, 2023 9:24 AM To:Stephanie Watney Subject:FW: Target apartments Stephanie- We received this email from Larry Meyers this morning. I will let you know if I received any additional public correspondence throughout the day. Sincerely, Farhad Tavassoli, AICP, CFM Senior Planner Town of Fountain Hills (480) 816-5139 From: John Wesley <jwesley@fountainhillsaz.gov> Sent: Monday, December 11, 2023 9:20 AM To: Farhad Tavassoli <ftavassoli@fountainhillsaz.gov> Subject: FW: Target apartments fyi From: Sent: Monday, December 11, 2023 9:07 AM To: PZC <pzc@fountainhillsaz.gov> Subject: Target apartments EXTERNAL EMAIL Chairman Gray Vice Chair Watts Commissioners Dapaah, Corey, Dempster, Kovacevic, Schossberg Approximately 23 years ago a major rezone of this parcel was being discussed at P&Z and Council that had much of the same ramifications to various aspects of the town. Some of the same residents in the room for this meeting, myself included, spoke then as well. The debate was eerily similar as well in regard to town direction, benefits, and essentially who Fountain Hills really wants to be. Then the land was empty and zoned I-3, light industrial, corporate. Barclay, the developer wanted to rezone to C-2 and of course had all the usual developer sales pitches about how wonderful it was going to be for Fountain Hills and the giant pile of money that the town would be getting. Yes, the ongoing sales tax revenue was going to leave the town never wanting for money ever again. So the town sucked up the propaganda and rezoned for the failed shopping center that we have today (it actually has been failing for most of the 21 years) and used up the last land available for attempting to relocate a corporate anchor (large employer) that would supply the town with younger people, families, and children for the school district, thus descending into the road to becoming a retirement community. 2 In the McCormick Railroad Park there is a little switch house with the history of McCormick Ranch depicted on plaques like the one shown here. McCormick Ranch is a Master Planned Community, much like Fountain Hills only with vision. They knew they would need a large employer and that they were attractive to such for the reasons shown on the plaque. Fountain Hills is attractive as well except we have never had an economic development director or chamber of commerce with the vision or work ethic to recruit one. It’s easier now than it has ever been with the migration from high tax states to AZ, Texas, Florida happening. Fountain Hills’ updated general plan unfortunately doesn’t do us any favors as it doesn’t mention this aspect of town vision and essentially pushes the conversion of commercial to multifamily residential. This is a recipe for retirement community. The town just had an election in which 43% of the vote wanted to fund our schools which have a declining population because we fail to recognize the one thing that would make us NOT A RETIREMENT COMMUNITY, an anchor employer with employees young enough to make children, raise families, and actually be a larger employer than the school. It's déjà vu all over again-Yogi Berra. Barclay back in 2000 stood to make a lot of money by developing commercial and the town bought it. Now Sandcorp comes to the town for a rezone so they can make a ton of money by building apartments for more part time residents (snowbirds) and once again, older folks. Same pitch, it’ll be great. These people will spend money at the FH businesses and thus saving them and filling empty store fronts, workers at our businesses will have a place to live, families will flock to FH to live in the apartments filling the schools, and oh, yes, teachers will be able to live in these apartments. As in 2000 with Barclay and the sales tax revenue projections for the town, the math just doesn’t work.  At $2+/square foot using the 30% of wage rule no workers will be making enough to afford these apartments, neither will teachers.  Why are families going to fill these small living spaces? They are not. You only need to look at who lives in Park Place, the former Havenly, and most of the other apartments we already have in town.  Yes the part time residents may add some business to FH businesses, for half the year, same as we have now with 30% of our population. How’s that working out?  This time the town gets very little because there will be no sales tax off the rentals, only the one time quick fix development fee. Rather than listening to another developer sales pitch, I would like to see this town face reality. Sandcorp makes all the money. They bought he distressed parcels from Barclay low and will make millions, the town gets very little. Target will close if we don’t build apartments, the usual threat. Reality, that Target is the worst performing Target of all Target’s brick and mortar facilities and is nothing more than a glorified return center for online shopping. These apartments will revitalize the commercial businesses east of Target. Doubt it since the residents will mostly be part time. 3 Prediction once again as I did in 2000. With or without apartments, Target will leave. Sandcorp will be back to the town asking to build apartments east of Target when that part fails and they will buy the target parcel at a distressed price when Target leaves and want that for apartments as well. I would ask that rather than debating the esthetics of this project tonight, let’s debate whether this is actually what would be best for the town, the demographics of the town with regard to schools, businesses, etc. Let’s debate the long vision for the town rather than that at the end of our nose. The town is under no obligation to do what the developer wants. We can control our destiny by zoning. Retirement community with 1000 apartments for part timers on Shea or a 40+ acre corporate center with hundreds of employees and families. Which actually is better for all aspects of the town, businesses, schools, demographic health? Rarely do you get a second chance in life. Just think about the complexion of Fountain Hills if we had made the right decision 20 years ago. After all, the master plan for that 40+ acres was I-3, light industrial, corporate headquarters much like McCormick Ranch, not C-2, and not high density multifamily. If we had, we would probably have a diverse demographic with more kids and families and other thriving businesses. This is not a debate for 1 meeting. My hope is that this is not rushed through during the holidays while the residents of FH are not paying attention which seems to be the developer’s strategy. Let’s discuss whether we want to be a retirement community or otherwise. By the way, it’s ok to be a retirement community, it’s just not ok to pretend we do what’s needed to be otherwise. Sorry for the long email but 3 minutes doesn’t cut it when the other side gets a full presentation and I was not invited to the citizen participation meeting but did meet with the developer and attorney. I told them the same thing I say here. Bring a corporate headquarters and I’ll support the project. More apartments, no thank you. One last piece of information from Realtor.com for the real estate professionals out there: “THINGS THAT DRAG DOWN THE VALUE OF YOUR HOME”, high renter concentration-13.8%, strip club- 14.7%, bad school- 22.2%. Only a strip club and bad school are worse for residential property values. Larry Meyers FH Resident 42 years From:MJ Waddell To:PZC Cc:Linda Mendenhall; John Wesley Subject:Planning & Zoning Meeting December 11, 2023 Opposition to Agenda Item #5 Date:Monday, December 11, 2023 9:24:11 AM EXTERNAL EMAIL REGULAR MEETING FOUNTAIN HILLS PLANNING AND ZONING COMMISSIONDecember 11, 2023 AGENDA ITEM # 5 OPPOSED PUBLIC HEARING HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: REZONEapproximately 6.7 acres generally located at the southeast corner of Shea Blvd. and Technology Drive (site address: 16815 E. Shea Blvd) from C-2 P.U.D (IntermediateCommercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to allow fordevelopment consisting of 316-unit, 4-story residential community. In our opinion this project should be rejected. 1) There are already too many empty rental units - apartments, condos and homes - in Fountain Hills and the surrounding area. 2) Fountain Hills is in desperate need of sales tax revenue to fund police and fire. By buildingon some of the last, remaining prime commercial/retail properties makes that a permanent problem. The property has not been used for retail for a number of years, this project serves tomake it a permanent loss of possible sales tax revenue and will only serve to further hurt the community. Furthermore, many of the people who rent apartments or buy condos in Fountain Hills arepart-time residents. It is very hard to have a business that can be viable with so much of the population gone half the year. This is already a problem. This project will make that problemworse. James and Mary Jo Waddell Fountain Hills Residents VIEW FROM TARGET - PROPOSED RENDERING EXISTING VIEW ENTRY DRIVE FROM SHEA BLVD. - PROPOSED RENDERING EXISTING VIEW PROPOSED VIEW - FROM 16730 E TREVINO DRIVE - RENDERING EXISTING VIEW - FROM 16730 E TREVINO DRIVE 1 Shea Boulevard & Technology Drive │Traffic Impact and Mitigation Analysis Version 1 | March 2023 1.0 EXECUTIVE SUMMARY 1.1 INTRODUCTION This report documents a traffic impact analysis performed for a proposed multi-family housing development located on the southeast corner of Shea Boulevard and Technology Drive in an area known as Four Peaks Plaza in Fountain Hills, Arizona. The site is anticipated to be built out by 2025. 1.2 REPORT PURPOSE AND OBJECTIVES Kimley-Horn and Associates, Inc. has been retained by Ayers Saint Gross to perform the traffic impact and mitigation analysis for the proposed development. The purpose of this study is to address traffic and transportation impacts of the proposed development on surrounding streets and intersections. This traffic impact analysis was prepared based on the Category 3 TIMA criteria set forth by the City of Scottsdale (COS). The specific objectives of this study are: ·To evaluate lane requirements on all existing roadway links and at all existing intersections within the study area; ·To determine future level of service (LOS) for all existing intersections within the study area and recommend any capacity-related improvements; ·To determine necessary lane configurations at all new driveways within the proposed development in order to provide acceptable future levels of service; and ·To evaluate the need for auxiliary lanes at all study area intersections. 1.3 PRINCIPAL FINDINGS AND RECOMMENDATIONS The proposed development is expected to generate 1,435 daily trips, with 117 trips occurring in the AM peak hour and 123 trips occurring in the PM peak hour. To ensure that the estimate of the traffic impacts is the maximum that can be expected, it is assumed that the site will be 100 percent occupied upon buildout in 2025. Trip Generation: The proposed development is expected to generate fewer trips than the existing, approved land use in the PM peak hour and on a daily basis and to generate 22 more trips in the AM peak hour. Based on trip generation calculations, the approved shopping plaza should generate up to 2,115 daily trips with 95 trips occurring in the AM peak hour and 256 trips occurring in the PM peak hour. Capacity Analysis: All signalized and unsignalized study area intersections are expected to operate at a satisfactory LOS in 2025 and 2030 total traffic conditions. Future traffic intersection operations are generally consistent with existing and background level of service and operations. 2 Shea Boulevard & Technology Drive │Traffic Impact and Mitigation Analysis Version 1 | March 2023 Turn Lanes: Existing left-turn and right-turn lanes are expected to accommodate future traffic movements that the site contributes traffic to. No lane configuration or turn lane storage changes are recommended with the construction of the site. The existing storage length for the following movements at Shea Boulevard and Saguaro Boulevard exceed existing striped storage, but additional storage at these locations by the developer is not recommended for the following reasons: · Southbound Right-Turn o Per the Synchro analyses, the 95th percentile queue already exceeds existing storage in existing conditions and all background conditions. · Westbound Right-Turn o Based on the trip assignment for the proposed site, the proposed site does not contribute traffic to this movement. The 95th percentile queue already exceeds the existing striped storage in the existing and all background conditions. Although the queues exceed the striped storage, vehicles are able to queue beyond the striped storage outside of the westbound through traffic lanes for approximately 645 feet. Driveways: The proposed site will utilize existing driveways along Technology Drive and Shea Boulevard (Driveway A and Driveway B). If applicable these existing driveways should be redesigned to current Town of Fountain Hills and/or other applicable standards as part of the redevelopment. There will be no cross-access between the proposed multifamily development and the existing, adjacent shopping center. Per City of Scottsdale DSPM Section 5-3.123D, it is recommended that sight triangles be provided at all site access points to give drivers exiting the site a clear view of oncoming traffic. The landscaping within sight triangles must not obstruct drivers’ views of the adjacent travel lanes ECONOMIC AND REVENUE IMPACTS OF FOUR PEAKS PLAZA REDEVELOPMENT PREPARED FOR: TOWN OF FOUNTAIN HILLS 16705 E. AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 JANUARY 2024 11209 N. Tatum Boulevard, Suite 225 * Phoenix, AZ 85028 * 602-765-2400 tel * 602-765-2407 fax 2 1.0 INTRODUCTION The Town of Fountain Hills retained Applied Economics to perform an economic and revenue impact analysis of potential development scenarios on a 6.7‐acre site that is part of Four Peaks Plaza at the SEC of Shea Boulevard and Technology Drive. Withey Morris Baugh submitted an application for re‐zoning of this site for a four‐story, 316‐unit apartment complex. The site includes two of the five primary parcels in the existing Four Peaks Plaza shopping center. This analysis provides a quantitative comparison of future development scenarios under the current C‐2 zoning, and the proposed PAD zoning. The results are based on the specific assumptions about each scenario and do not constitute a feasibility analysis. They are intended as an example of the potential economic and revenue impacts of new development on this site. The actual impacts would depend on the specific types of tenants, as well as other factors such as construction cost, lease rates, occupancy rates and sales tax generation capacity. The current C‐2 zoning and location of the site with frontage on Shea Boulevard creates potential for commercial development, although this is a relatively small site. Although this portion of the Four Peaks Plaza is largely vacant, it could be re‐activated in the future with new retail and restaurants. This analysis assumes a typical neighborhood center floor‐area‐ratio resulting in 64,200 square feet of new commercial space with a mix retail, restaurants and services. For light industrial development, based on a typical floor area ratio for surrounding industrial development, the site could accommodate 112,400 square feet of light industrial or warehouse uses. The size and scale may be impacted by typical development standards and town requirements. There is existing industrial development on the west side of Technology Drive. The multifamily market remains very strong in the Phoenix metro area, and the increase in housing prices combined with robust job and population growth in the region support this type of development. The applicant believes that high density residential development would be compatible with surrounding uses and would support existing and future retail activity on the remaining portions of Four Peaks Plaza. The proposed development would include 316 high‐ quality apartments with a mix of one, two and three bedroom units. There continues to be demand for multifamily housing in the region, and the proposed zoning would result in development of this site in the near term. It is unclear how long it may take for commercial or industrial development to occur on this site, and whether it is feasible. Commercial development generates a significant amount of sales tax revenue that supports municipal services for residents, although the current demographics of the community and size of the site create some challenges for this scenario. Industrial development could create quality jobs that would allow residents to work in Fountain Hills rather than commuting to other nearby communities. This analysis helps to illustrate some of the inherent trade‐offs between multifamily, commercial and industrial development. 3 The information and observations contained in this report are based on our present knowledge of the components of development and of the current physical, socioeconomic and fiscal conditions of the affected areas. Projections made in this report are based on hypothetical assumptions and current public finance policies. However, even if the assumptions outlined in this report were to occur, there will usually be differences between the projections and the actual results because events and circumstances frequently do not occur as expected. This analysis is based on the best available information and is intended to aid the Town of Fountain Hills in making decisions relative to the proposed re‐zoning. All dollar estimates should be interpreted as order of magnitude estimates only. In no way will Applied Economics, LLC be held responsible or have any liability or be subject to damages resulting from this analysis. This report may be used only for the purposes that it was intended. 4 2.0 DEVELOPMENT ASSUMPTIONS The 6.7‐acre site that is the subject of this analysis is part of the Four Peaks Plaza shopping center located on east of the SEC of Shea Boulevard and Technology Drive. It includes three parcels – two containing a vacant commercial building and one that is undeveloped. This analysis includes three potential development scenarios consistent with the existing commercial and industrial zoning for the parcels and the proposed re‐zoning to multifamily residential. The primary purpose of these scenarios is to illustrate how the economic and tax impacts would differ depending on whether the property develops under the current C‐2 zoning, or under the proposed PAD zoning. The multifamily scenario reflects the site plan submitted by the applicant Withey Morris Baugh and includes 316 four‐story multifamily units ranging in size from 744 square feet to 1,200 square feet each. Based on rents at comparable apartments and information from the applicant, this analysis assumes an average monthly lease rate of $1,650. Hard construction costs for the multifamily development are estimated at $61.6 million. Assuming a 92% occupancy rate and current household sizes for renters in Fountain Hills, this development could generate an estimated 490 residents. The commercial scenario assumes a floor‐area‐ratio of 0.22, resulting in 64,200 square feet of new commercial space. This analysis assumes 38,520 square feet of retail (60%), 9,630 square feet of restaurants (15%) and 16,050 square feet of services (25%), based on the mix of uses at other successful retail centers in the region. The mix of uses impacts the level of sales tax generation and projected employment. Assuming taxable sales per square foot of $250 for retail, $500 for restaurants, and a 96% occupancy rate, the commercial scenario could generate $15.2 million per year in taxable sales. Taxable sales also include leases at a rate of $1.96 per square foot per month ($23.50 per square foot per year) based on current market rates. Hard construction costs are estimated at $10.2 million. The commercial scenario could support an estimated 185 jobs based on the assumed mix of uses at a 95% occupancy rate. The industrial scenario assumes a floor‐area‐ratio of 0.39, resulting in 112,400 square feet of built space. If the space is leased at a rate of $1.40 per square foot per month at a 97% occupancy rate, it could result in $1.8 million in annual taxable leases. Hard construction costs are estimated at $17.7 million. The industrial scenario could support an estimated 145 light industrial jobs at a market occupancy rate of 97%. 5 FIGURE 1 DEVELOPMENT SCENARIOS Development Type Building Sq Ft /Unit Size Number of Units Construction Cost Monthly Lease Rate Occupancy Rate Jobs Avg Wage Taxable Sales per Sq Ft Multifamily 868 316 $61,579,000 $1,650 92% na na $0 One bedroom 744 149 Two bedroom 958 152 Three bedroom 1,200 15 Commercial 64,200 na $10,196,000 $1.96 96% 185 $33,676 $225 Retail 38,520 74 $36,890 $250 Service 16,050 51 $35,303 $0 Restaurant 9,630 61 $27,915 $500 Industrial 112,400 na $17,659,000 $1.40 97% 145 $91,698 $0 Sources: Real estate market reports from Cushman & Wakefield, Newmark Frank and Kider Matthews for Q3 2023; Maricopa County Assessor, 2023; Gordian Square Foot Costs, 2023. 6 3.0 IMPACT SUMMARY The development of this site could create economic and revenue impacts to the town, as described below. These impacts are specific to the pro‐forma assumptions described in Section 2 and illustrate the differences between commercial, industrial and multifamily development.  The economic impacts of construction would be significantly larger for the multifamily scenario based on the square footage and total construction cost. The multifamily scenario could generate a one‐time construction impact of $61.6 million, supporting about 480 direct and indirect jobs and $35.7 million in labor income during the construction period. The commercial scenario could generate a one‐time construction impact of $10.2 million, supporting about 80 direct and indirect jobs and $5.8 million in labor income. The industrial scenario could generate a one‐time construction impact of $17.7 million, supporting 110 jobs and $8.5 million in labor income.  The tenants in the commercial scenario could generate an annual economic impact of $11.1 million. The retail, personal services and restaurant outlets could directly employ an estimated 185 people with annual labor income of $6.2 million.  The tenants in the industrial scenario could generate an annual economic impact of $74.9 million, supporting an estimated 145 jobs and $13.3 million in labor income. Although the industrial scenario would create fewer jobs than the commercial scenario, the average output per job and the average wage level is significantly higher for industrial uses.  The multifamily scenario will create minimal jobs; however, the apartment residents would create demand for retail and services. The households in the multifamily scenario could have combined household incomes of $23.1 million. These residents have the potential to support an estimated $9.3 million in annual household spending on local and regional retail and services. Average taxable spending per household is estimated at about $18,600, a portion of which could be captured in Fountain Hills.  The commercial scenario could generate an estimated $442,000 in annual sales taxes to the town, compared to about $53,000 from the industrial development. The multifamily development could generate an estimated $169,000 in annual state shared revenues. Although the residential development generates lower revenues on an on‐going basis, it could generate an estimated $2.3 million on one‐time construction‐related revenues, versus $0.5 million each for the commercial and industrial scenarios.  The multifamily scenario could result in additional housing for young professionals and empty nesters in Fountain Hills, and could create new demand for local retail and services. In contrast, the commercial development could support a significant number of jobs at moderate wage levels creating economic impacts, and could also generate on‐going sales tax revenues. The industrial development would support fewer jobs than the commercial scenario, but at higher wage levels and with greater economic impacts, but it would not generate significant tax revenues to the town. 7 4.0 ECONOMIC IMPACT ANALYSIS The economic impacts resulting from these development scenarios include both the one‐time construction impacts, and on‐going operations impacts. The economic impacts are quantified in terms of direct and total jobs, labor income and output. These impacts include the multiplier effects and capture supported supplier and consumer businesses and employees in Fountain Hills that could benefit from this new development. 4.1 Economic Impacts of Construction The economic impacts of construction include direct and total jobs, labor income and output that the projected construction spending could generate. The difference between direct and total impacts represents indirect and induced impacts and captures supported supplier and consumer businesses and employees in Fountain Hills that could benefit from this construction activity. Given the current economic base of the community and the limited array of construction suppliers, the indirect and induced impacts in the community would be minimal, but the direct impacts are sizeable. Hard construction costs that have the potential to support jobs at the site in Fountain Hills range from $10.2 million for the commercial scenario and $17.7 million for the industrial scenario, to $61.6 million for the multifamily scenario.1 The multiplier effects of this local construction spending could result in a total increase in economic activity of $10.2 million to $61.6 million during the construction period (Figure 2). The estimated 80 to 480 total jobs created by this construction activity could result in $5.8 million to $35.7 million in additional labor income in Fountain Hills during the construction phase. FIGURE 2 CONSTRUCTION IMPACTS 4.2 Annual Economic Impacts of Commercial and Industrial Tenants The commercial scenario could directly support an estimated 185 jobs at full occupancy based on the assumed mix of uses. This translates into about $6.2 million in direct labor income or payroll, based on average regional wages in the retail, restaurant and personal services 1 Gordian Per Square Foot Costs, 2023. Scenario Construction Cost Jobs Labor Income Output Jobs Labor Income Multi‐Family $61,579,000 480 $35,736,738 $61,610,322 480 $35,745,448 Commercial $10,196,000 80 $5,839,996 $10,203,302 80 $5,841,681 Industrial $17,659,000 110 $8,456,448 $17,672,623 110 $8,459,581 Direct Impacts Total Impacts 8 industries, and $11.1 million in increased direct output each year (Figure 3). The multiplier effect of this increase in economic activity would be minimal in terms of what is captured in Fountain Hills since most of the suppliers would be outside the town, and many of the employees may not live in Fountain Hills. The commercial scenario could yield an additional $10,000 in indirect and induced output per year in addition to the direct impacts. The industrial scenario could support an estimated 145 at full occupancy, assuming light industrial or wholesale users. This could result in an estimated $13.3 million in direct labor income based on typical industry wages in the region. Applying industry‐specific multipliers to estimated jobs and wage levels, the industrial scenario could generate direct output of $74.9 million per year. Output is equal to the cost of labor plus the cost of inputs plus profits. Similar to the commercial scenario, the indirect and induced impacts captured in Fountain Hills would be minimal, resulting in about $31,400 in increased output per year at other local businesses, in addition to the direct impacts. FIGURE 3 ANNUAL OPERATIONS IMPACTS OF COMMERCIAL DEVELOPMENT The differences between direct and total impacts represent multiplier effects. Multiplier effects are a way of representing the larger economic effects on the local economy. The multiplier effects translate an increase in output (loosely defined as cost of labor plus cost of inputs plus profits) into a corresponding increase in jobs and labor income. In essence, the multiplier effect represents the recycling of local spending which creates new business opportunities. The multipliers used in this analysis are from IMPLAN, a national vendor of economic impact software, and are specific to the economic base of Fountain Hills. The analysis uses industry‐ specific multipliers for residential, commercial and industrial construction, retail, personal services and restaurants, electronics manufacturing and wholesale commercial equipment. 4.3 Household Spending While households do not generate economic impacts in terms of creating jobs and output, it is possible to quantify the impacts of the multifamily development by looking at household spending. For rental units, household income is estimated at four times the total annual rent. This translates into average annual household income of $79,200 based on the lease rate assumptions used in this analysis. Using data from the annual Census Consumer Expenditure Output Jobs Labor Income Output Jobs Labor Income Commercial $11,060,977 185 $6,235,829 $11,071,298 185 $6,238,575 Industrial $74,880,073 145 $13,275,229 $74,911,510 145 $13,287,176 Direct Impacts Total Impacts 9 Survey on household spending by type, income level and housing tenure, we can estimate how those new residents spend, creating new demand for retail and services. Given the contiguous nature of development in the Phoenix metropolitan area, it is difficult to determine exactly where residents would shop, although it is likely that most local purchases and a portion of regional purchases could be captured in Fountain Hills. The data in Figure 4 represents total annual household spending in Fountain Hills and elsewhere. Note that spending patterns in the Consumer Expenditure Survey differ by income level, with lower income households spending more on necessities and higher income households spending more on discretionary items. Also, renter households tend to spend less of their income on home maintenance and household equipment than owner households. Total household spending for each scenario is a function of average household income levels and the total number of households. Household purchases are divided into the following categories:  Local retail and services – purchases such as groceries and household supplies typically made within a five‐to‐seven‐mile radius from the consumer’s home  Regional retail and services –specialty and higher priced items such as vehicles, appliances, clothing and entertainment typically purchased from a regional retail center or specialized provider within the metro area  Non‐local expenditures – items such as mortgages, insurance, income taxes and savings that do not impact local business establishments The detailed information in Figure 4 shows household spending for items purchased in Fountain Hills and elsewhere. Aggregate household spending for the 291 occupied units is estimated at $20.3 million. This includes $5.3 million in annual local retail and service spending, $4.0 million in regional purchases, and $11.0 million in purchases potentially outside the region such as mortgages, utilities and insurance. A portion of this spending would generate taxable sales at an estimated rate of about $18,600 per household, excluding vehicle purchases. Taxable purchases (excluding vehicles) total an estimated $5.4 million per year for 291 households in the multifamily scenario, resulting in $18,600 in purchases per household. Taxable purchases include groceries, restaurants and bars, personal care products, housekeeping supplies, small appliances, household textiles, medical supplies, reading materials, furniture and floor coverings, major appliances, miscellaneous household equipment, apparel and shoes, entertainment fees and admissions, audio and visual equipment, pets and toys and other entertainment. 10 FIGURE 4 ANNUAL HOUSEHOLD SPENDING BY RESIDENTS Local Retail & Services $5,335,333 Groceries $1,786,727 Restaurants & Bars $917,568 Personal care products and svcs $379,845 Housekeeping supplies $222,241 Small appliances, misc housewares $45,658 Household textiles $29,430 Drugs $173,007 Medical supplies $45,658 Gasoline and motor oil $969,278 Vehicle maintenance and repairs $331,161 Other household expenses $298,885 Tobacco products $103,969 Reading $31,906 Regional Retail & Services $3,969,001 Home maintenance services $14,628 Furniture and floor coverings $167,506 Major appliances $79,861 Miscellaneous household equipment $292,164 Apparel and shoes $643,631 Cars and trucks, new $415,326 Cars and trucks, used $827,627 Other vehicles $8,698 Medical services $378,744 Entertainment fees and admissions $142,326 Audio and visual equipment $298,155 Pets, toys, hobbies $203,606 Other entertainment $126,512 Education $200,512 Public and other transportation $169,706 Non‐Local Expenditures $10,995,642 Housing rent $5,768,770 Other lodging $178,699 Utilities $1,124,773 Vehicle finance charges $77,489 Vehicle insurance $503,617 Vehicle rental, leases, licenses $200,047 Health insurance $808,097 Cash contributions $365,304 Personal insurance and pensions $1,968,847 Annual Household Spending $20,299,977 Retail Demand per Household (excl. vehicles) $18,600 11 5.0 REVENUE IMPACTS The development of this site could generate both one‐time and annual tax revenues to the town. This analysis shows taxes for each scenario including sales and state shared revenues, as well as one‐time construction sales tax, permit fees and development impact fees. The revenues shown here are limited to the Town of Fountain Hills, but there would also be new county, school and state revenues associated with these development scenarios. 5.1 One‐Time Revenues One‐time fees and taxes are generally proportional to the construction cost and include construction sales tax, permit fees and development impact fees. All total, one‐time revenues for both the commercial and industrial scenarios are estimated at $0.5 million, versus $2.3 million for the multifamily scenario, which has more square feet of built space and higher construction costs (Figure 5). Construction sales taxes are estimated based on 65% of hard construction cost, multiplied by the town construction sales tax rate of 2.9%. Construction sales taxes range from $192,000 for the commercial scenario to $333,000 for the industrial scenario and $1.2 million for the multifamily scenario. Permit fee estimates provided by the town range from $303,000 for the multifamily scenario to $59,000 for commercial scenario and $13,000 for the industrial scenario, based on the assumptions used in this analysis.2 Development impact fees are based on current rates in Fountain Hills at $3,820 per 1,000 square feet of commercial building square footage, $1,290 per 1,000 square feet of industrial buildings, and $2,537 per multifamily unit. This results in about $245,000 in impact fees for the commercial scenario $145,000 for the industrial scenario and $802,000 for the multifamily scenario. FIGURE 5 ONE‐TIME REVENUES TO THE TOWN OF FOUNTAIN HILLS 5.2 Annual Local Tax Revenues The commercial development could generate sales taxes on leases and taxable sales, the industrial development could generate sales taxes on leases, and the multifamily development 2 Permit fee estimates are based on air conditioned square footage only and exclude public art fees. Multi‐Family Commercial Industrial Total One‐Time Revenues $2,265,100 $496,256 $490,627 Construction Sales Tax $1,160,764 $192,195 $332,872 Permit Fees $302,644 $58,817 $12,759 Development Impact Fees $801,692 $245,244 $144,996 Note: Permit fees calculated on A/C square footage only and do not include any non A/C square footage. One‐time fees also exclude public art fees. 12 could generate state shared revenues from new residents. Annual revenues range from $169,000 for the multifamily scenario to $53,000 for the industrial scenario and $442,000 for the commercial scenario, based on the assumptions used in this analysis (Figure 6). All the development scenarios would also generate property taxes to the school district, county and other special districts, but the town does not collect property taxes. FIGURE 6 ANNUAL REVENUES TO THE TOWN OF FOUNTAIN HILLS The 9,600 square feet of restaurant space and 38,500 square feet of retail space in the commercial scenario could generate an estimated $13.8 million in annual taxable sales. In addition, there could be an estimated $1.4 million in taxable commercial lease revenues. This could result in about $442,000 in annual town sales taxes. The industrial scenario would not have any retail sales, but could generate sales taxes on leases estimated at $53,000 per year. The multifamily development would not directly generate any sales taxes.3 A portion of state sales and income taxes and vehicle license fees are distributed to cities in Arizona on a per capita basis. Using the current per capita rate of distributions for Fountain Hills, the estimated 490 new residents in the multifamily scenario could result in about $169,000 in additional state shared revenues to the town at the current per capita rate. 5.3 Summary The commercial scenario would have a lower one‐time impact in terms of both the economic impacts of construction and the tax and fee revenues, due to the relative construction cost and amount of built space. However, the commercial scenario would create on‐going economic impacts through the jobs it would support, and higher annual tax impacts from sales taxes generated by retail and restaurants. The industrial scenario would have minimal sales tax impacts, but would support quality jobs and the largest annual economic impacts. The multifamily scenario could generate new state shared revenues and potentially also increase sales tax revenues from existing stores in Fountain Hills. It would create new housing opportunities, but would not generate jobs. This analysis illustrates the tradeoffs between near term multifamily development that will address housing demand in the community and create consumer demand through household spending, versus retaining this site for future commercial or industrial development that could create more tax revenues and jobs on an on‐going basis, but may have a longer development timeline and market feasibility constraints. 3 SB1131 eliminates local transaction privilege taxes on residential rentals beginning December 31, 2024 and extending through December 31, 2026. Sales taxes on residential leases are not included in this analysis. Multi‐Family Commercial Industrial Total Annual Revenues $169,330 $442,300 $52,899 Town Sales Tax $0 $442,300 $52,899 State Shared Revenues $169,330 $0 $0 ORDINANCE NO. 24-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS OFFICIAL ZONING DISTRICT MAP FOR APPROXIMATELY 6.7 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SHEA BOULEVARD AND TECHNOLOGY DRIVE AS SHOWN IN CASE NO. Z23- 00002, FROM C-2 – INTERMEDIATE COMMERCIAL ZONING DISTRICT AND WITH A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT TO VILLAGE AT FOUR PEAKS PLANNED AREA DEVELOPMENT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desires to amend the Town of Fountain Hills Official Zoning District Map (the “Zoning Map”) pursuant to ARIZ. REV. STAT. § 9-462.04, to change the zoning description for a 6.7-acre parcel of real property from C-2 – Intermediate Commercial Zoning District with the Planned Unit Overlay district to Village at Four Peaks PAD (the “Zoning District Map Amendment”); and WHEREAS, the Zoning District Map Amendment proposed by this ordinance is consistent with the Fountain Hills General Plan 2020 as amended; and WHEREAS, all due and proper notices of public hearings on the Zoning District Map Amendment held before the Town of Fountain Hills Planning and Zoning Commission (the “Commission”) and the Town Council were given in the time, form, substance and manner provided by ARIZ. REV. STAT. § 9-462.04; and WHEREAS, the Commission held a public hearing on December 11, 2023 on the Zoning District Map Amendment; and WHEREAS, the Town Council held an additional public hearing regarding the Zoning District Map Amendment on January 17, 2024. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The 6.7-acre parcel of real property generally located at the southeast corner of Shea Boulevard and Technology Drive as shown in Case No. Z23-00002, from C-2 – Intermediate Commercial Zoning District and with a Planned Unit Overlay District to Village at Four Peaks Planned Area Development, subject to the following requirements, under which the applicant shall: a. Ensure compliance with the Village at Four Peaks Development Plan approved with this PAD, except as modified below. b. Ensure compliance with all the Town’s adopted codes, requirements, standards and regulations, except as specifically stated and approved in the Village at Four Peaks PAD Development Plan. c. Include relocation of the reclaimed waterline with the construction plans and obtain approval from Fountain Hills Sanitary District. SECTION 3. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, January 17, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ________________________________ __________________________________ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ________________________________ __________________________________ Rachael Goodwin, Town Manager Aaron Arnson, Town Attorney EXHIBIT A TO ORDINANCE No. 24-01 [Legal Description and Map] See following pages. LEGAL DESCRIPTION LOTS 3, 4, AND 5 OF AMENDED PLAT OF "FOUR PEAKS PLAZA" RECORDED IN BOOK 704 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA AND LOCATED IN A PORTION OF THE EAST HALF OF SECTION 27, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 32°00'00" WEST, A DISTANCE OF 445.06 FEET; THENCE SOUTH 58°00'00" EAST, A DISTANCE OF 74.20 FEET; THENCE SOUTH 32°00'00" WEST, A DISTANCE OF 205.05 FEET; THENCE WEST, A DISTANCE OF 114.98 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS BEARS SOUTH 79°52'57" WEST, A DISTANCE OF 500.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 14°40'59", AN ARC LENGTH OF 128.13 FEET; THENCE NORTH 24°48'00" WEST, A DISTANCE OF 336.73 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY WHOSE RADIUS BEARS NORTH 74°31'37" EAST, A DISTANCE OF 349.40 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 20°03'12", AN ARC LENGTH OF 122.29 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY WHOSE RADIUS BEARS NORTH 85°16'52" EAST, A DISTANCE OF 334.32 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 30°10'29", AN ARC LENGTH OF 176.07 FEET; THENCE NORTH 25°27'22" EAST, A DISTANCE OF 119.21 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS BEARS SOUTH 64°32'38" EAST, A DISTANCE OF 30.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 90°40'39", AN ARC LENGTH OF 47.48 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS BEARS SOUTH 26°08'08" WEST, A DISTANCE OF 6797.49 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 04°27'16", AN ARC LENGTH OF 528.14 FEET TO THE POINT OF BEGINNING. CONTAINING 290,668 SQ.FT. OR 6.673 ACRES MORE OR LESS. EXHIBIT A OFFICIAL SUPPLEMENTARY ZONING MAP AMENDING THE TOWN OF FOUNTAIN HILLS ZONING MAP All that is Arizona FO U NTAIN HILLS TOWN OF IN C. 1989 CASE: Z23-000002 ACREAGE: 6.67 REQUEST: REZONE FROM C-2 COMMERCIAL UNIT PLANNED DEVELOPMENT ZONING DISTRICT AND INDUSTRIAL - 1 ZONING DISTRICT TO VILLAGE AT FOUR PEAKS P.A.D. ORDINANCE: ORD 24-01 Please be advised that the attached zoning changes were approved by the Fountain Hills Town Council on January 17, 2024 by Ordinance # 24-01. If you have any questions concerning these changes, contact the Town of Fountain Hills Development Services Department at 480-816-5122. ATTEST:DATE: MAYOR TOWN CLERK SH E A B L V D ALLEY TE C H N O L O G Y D R ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language): HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: REZONE approximately 22.5 acres generally located at the southwest corner of Shea Blvd. and Saguaro Blvd. (site address: 16825 E. Shea Blvd) from C-2 P.U.D. –Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to Four Peaks Plaza PAD (Planned Area Development) to allow for removal of one existing 12-foot tall freestanding monument sign at the southeast corner of Shea Blvd and Center Lane and replacing with a new 20-foot (h) freestanding monument sign, and also to add a 12-foot (h) freestanding monument sign immediately south of Shea Blvd, about 530 feet east of the intersection of Shea Blvd. and Center Lane. Staff Summary (Background) This application requests to rezone the property from C-2 P.U.D. and IND-1 to Four Peaks Plaza PAD. However, aside from signage standards, all other standards and requirements of the existing C-2 P.U.D. zoning, as established via Case Nos. Z-99-24 and Z2001-02, shall apply. The intent of this PAD is to provide a framework for some flexibility for Four Peaks Plaza from Chapter 6 of the Zoning Ordinance, which contains the Town's sign regulations. The applicant contends the site contains constraints including natural features and slopes. Therefore, the applicant proposes modifications that result in increased visibility for the Plaza, which is intended to reduce vehicular conflicts and assist with wayfinding and visibility of the remaining tenants within the shopping center. The existing sign is located east of the Center Lane traffic signal and is 12 feet tall and 14 feet wide. The rezone to a uniform PAD would allow the owner to replace the the sign with a 20' tall and 21'-7" wide monument sign with 206 square feet of sign area, and would be allowed to move it closer to Shea Blvd. for better visibility. A second sign is proposed to be 12' tall and 14' wide sign (76-sq. ft. sign area) and will be at the intersection of Shea Blvd and the existing driveway about 530 feet east of Center Lane. Like the existing sign, both proposed signs will be architecturally consistent with the buildings in the Plaza. Color renderings of the proposed signs, as well as photo simulations, are included as Exhibit E of the attached PAD Narrative. The applicant discussed the Four Peaks Plaza PAD concurrently with the related Village at Four Peaks PAD at their neighborhood meeting on September 18, 2023. No opposition was received by the applicant, nor has staff received any opposition specifically regarding the Four Peaks Plaza PAD. However, two comment cards were received on the date of the meeting that clearly expressed opposition against the proposed signs. Furthermore, members of the public spoke against the proposed signage at the Commission meeting. A fourth speaker also voiced opinions on the proposal and encouraged the Commission to adhere to the current sign regulations, although it was not clear if he was adamantly opposed to the proposed signs. Staff believes the applicant's request is reasonable and helps improve visibility for the remaining tenants at Four Peaks Plaza. The existing signs are set back considerably from Shea Blvd., and the current height limitations, coupled with the sloping topography and existing landscaping, significantly minimize sign visibility. As shown on the attached plans the signs encroach into the right-of-way and are within a sewer easement. There is a 15" gravity sewer within the easement. Final plans for the signs will have to receive an encroachment permit and be adjusted as necessary to not create a conflict with the sewer line or create a sight visibility obstruction for the intersection. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.01, Amendments or Zone Change Zoning Ordinance Section 2.08, Citizen Participation Zoning Ordinance, Chapter 6, Sign Regulations Zoning Ordinance Chapter 19, Architectural Review Guidelines Zoning Ordinance Chapter 23, Planned Area Development (PAD) District 2020 General Plan, Thriving Neighborhoods and Character Areas Risk Analysis Approval of the Four Peaks Sign P.A.D. (ORD 24-02) will rezone the 22.5 acre property from the current C-2 R.U.P.D and IND-1 zoning district designations and allow development in accordance with the adopted uniform P.A.D. Development Plan to specifically allow removal and replacement of two monuments signs of 20’(h) and 12’(h), respectively. Denial of the application will keep the property zoned C-2 C.U.P.D. and IND-1 and maintain height limitations of 10'(h) and 5'(h) respectively. Recommendation(s) by Board(s) or Commission(s) At the regular meeting on December 11, 2023, there was discussion about the need for the larger sign and possible alternatives to make the existing signs more visible. There was also some confusion about the actual changes being requested and if this portion of the overall center would have any change in uses allowed. The only change being made to this 22.5 acre area is the change to the sign allowance. All the other conditions for the existing PUD zoning on the property will remain. A motion from Vice-Chair Watts to deny the Four Peaks Plaza PAD failed to get a second. Chairman Gray followed with a motion to approve the PAD but only on the condition that the preceding PAD (Village at Four Peaks) is approved at the Town Council meeting. The motion failed following a 3-3 vote. Staff Recommendation(s) Staff Recommendation(s) Staff is supportive of rezone request to Four Peaks Plaza PAD with the associated development plan with stipulations listed with the suggested motion. Although the applicant proposes signs in excess of the allowable sign height and area already regulated by the zoning ordinance, staff believes the larger signs would help increase visibility for the struggling Target store as well as for the other tenants. SUGGESTED MOTION MOVE to approve the Rezone from C-2 P.U.D. (Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to Four Peaks Plaza PAD (Planned Area Development) to allow for removal of two existing freestanding monument signs and replacing them with two new freestanding monument signs of 20’(h) and 12’(h), respectively, subject to the following conditions: Ensure compliance with the approved freestanding mounument sign plan with this PAD except as modified below. 1. Ensure compliance with all the Town’s adopted codes, requirements, standards and regulations, except as specifically stated and approved in the Four Peaks Plaza PAD Sign Plan. 2. Receiving an encroachment permit.3. Providing a final design that does not conflict with the existing 15" sewer line.4. Attachments Case Map Four Peaks Plaza Sign PAD Narrative Citizen Participation Report ORD 24-02 Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/04/2024 04:02 PM Finance Director David Pock 01/08/2024 08:02 AM Economic Development Director Amanda Jacobs 01/08/2024 08:46 AM Town Attorney Aaron D. Arnson 01/08/2024 09:34 AM Town Manager Rachael Goodwin 01/08/2024 09:49 AM Form Started By: Farhad Tavassoli Started On: 01/03/2024 05:49 PM Final Approval Date: 01/08/2024 P&Z Commission Case Map Case Details CASE: RZ23-004 SITE / ADDRESS: 16825 E. Shea Blvd. APN 176-09-489; 490 REQUEST: REZONE of approximately 22.5 acres generally located at the southwest corner of Shea Blvd. and Saguaro Blvd. (site address: 16825 E. Shea Blvd) from C-2 P.U.D –Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to allow for removal of two existing freestanding monument signs and replacing them with two new freestanding monument signs of 20’(h) and 12’(h), respectively. Site Location Four Peaks Plaza Planned Area Development Narrative Rezoning Case No. RZ23-000004 Second Submittal: November 9, 2023 First Submittal: August 2023 Page | 2 Development Team Applicant Withey Morris Baugh, PLC 2525 E. Arizona Biltmore Circle Ste. A-212 Phoenix, AZ 85016 Attorney: Jason Morris Land Use Planner: Stephanie Watney Email: jason@wmbattorneys.com Email: stephanie@wmbattorneys.com Phone: (602) 230-0600 https://www.wmbattorneys.com/ Developer Sandor Development 5725 North Scottsdale Road Suite C-195 Scottsdale, Arizona 85250 https://sandordev.com/ Page | 3 TABLE OF CONTENTS A.Introduction ..................................................................................................................................... 4 B.Property Description ........................................................................................................................ 4 C.Project Description .......................................................................................................................... 5 D.Request / Proposed Land Use Map ................................................................................................. 5 E.PAD Permitted Uses ......................................................................................................................... 5 F.Development Standards .................................................................................................................. 5 G.Signage Objectives ........................................................................................................................... 5 H.Signage Standards ............................................................................................................................ 5 I.General Plan Conformance .............................................................................................................. 6 J.Conclusion ........................................................................................................................................ 6 LIST OF EXHIBITS A.Site Maps B.Existing and Proposed Zoning Map C.Existing Conditions D.Existing Comprehensive Sign Plan E.Proposed Freestanding Project Monument Sign Plan F.General Plan Map APPENDIX A.Original Four Peaks Plaza PAD Ordinance Regulations Page | 4 Four Peaks Plaza Planned Area Development Narrative A. Introduction This Planned Area Development is for an approximately 22.5-acre portion of the existing Four Peaks Plaza Shopping Center (the “Plaza”) located at the southwest corner of Shea Boulevard and Saguaro Boulevard (See Exhibit A, Vicinity and Aerial Map). This PAD is limited to establishing site-specific Freestanding Project Monument signage standards only; all existing underlying P.U.D. C-2 uses and development standards will remain per the approved C-2 P.U.D. (Case Nos. Z-99-24 and Z2001-02), which incorporates site specific standards including use restrictions for compatibility with the surrounding area (refer to Appendix A). Additionally, there is an approximately 150-foot-wide I-1 zoned corridor which runs along the north property boundary, which has resulted in a split-zoning of the Property. Accordingly, in order to “clean up” the zoning for the Property, this PAD incorporates the I-1 zoned area and the P.U.D. C-2 standards shall apply to the incorporated area. See Exhibit B, Existing and Proposed Zoning Map. This will provide consistency with the balance of the plaza. B. Property Description The Property was developed as a shopping center 20 years ago. Today, most of the inline retail shops, which once boasted popular stores such as Pier 1 Imports, are vacant. As evidenced by the numerous “for lease” signs located throughout the Property, retail is significantly challenged at the Property. Among those, it is well known that retail shopping patterns have changed significantly in the past years, with online shopping becoming more prominent, and this trend has been exacerbated by the ongoing pandemic, with even the strongest brick-and-mortar retail struggling to bring in customers or to find or retain staff. Combined with Fountain Hills demographics (i.e. population density and part-time nature of residents), finding and keeping tenants within the Plaza has been extremely challenging. In its current state, a portion of the Four Peaks Plaza is in need of a necessary re-activation and redevelopment. Accordingly, a PAD has been filed under separate cover (Case No. RZ23-000002) for a proposed multi-family community along the west portion of the Four Peaks Plaza. That proposal seeks to provide a framework for the successful redevelopment of that portion of Four Peaks Plaza with an appropriate, high quality use which will complement and support the existing and future retail within the Plaza, and provide a new and much needed housing opportunity within the Town. In addition to efforts to bring more activity to the Property, there are significant visibility issues with the existing Plaza. Thus, in order to increase visibility of the shopping center, reduce vehicular conflicts, assist with wayfinding and visibility of the remaining tenants within the shopping center, this PAD provides a framework for updating the Freestanding Project Monument sign standards for the Property. This is necessary due to the significant slopes of the Property, drainage accommodations and overall lack of visibility of the Property today. Please refer to Exhibit C for photo illustrations of existing site constraints which limit visibility of the Property and signage. This request is limited to establishing standards for Freestanding Project Monument signage only. Page | 5 C. Project Description The intent of this PAD is to provide a framework for some flexibility for the Plaza from the rigid sign ordinance, which does not contemplate site constraints including natural features and slopes. Overall, these modifications result in increased visibility for the Plaza which is intended to reduce vehicular conflicts, assist with wayfinding and visibility of the remaining tenants within the shopping center. D. Request / Proposed Land Use Map This application requests to rezone the Property from C-2 P.U.D. and IND-1 to PAD. However, aside from signage standards, all other standards and requirements of the existing C-2 P.U.D. zoning, as established via Case Nos. Z-99-24 and Z2001-02, shall apply. E. PAD Permitted Uses Permitted uses within this PAD shall be per the approved C-2 P.U.D. for the Plaza (Case Nos. Z-99-24 and Z2001-02). Refer to Appendix A for use limitations per the adopted ordinance for the C-2 P.U.D. F. Development Standards Development standards within this PAD shall be per the approved C-2 P.U.D. for the Plaza (Case Nos. Z-99- 24 and Z2001-02). G. Signage Objectives The intent of this PAD is to provide a consistent collage of high-quality Freestanding Project Monument Signs that tastefully inform the patron while fitting in seamlessly with the context of the environment, and in a manner which preserves and protects public health, safety, and welfare within the Town of Fountain Hills. All proposed designs and sign materials shall be consistent with the established design theme of the Four Peaks Plaza, enhancing the plaza frontage and evoking a positive retail image. Two (2) Freestanding Project Monument Signs are proposed as double-faced illuminated monument signs. These signs will provide streetside display for the tenants of the Four Peaks Plaza. In the event that utility conflicts arise, the signage locations provided herein are conceptual only and are subject to final plan review and approval by the Town of Fountain Hills. H. Sign Standards The Four Peaks Plaza is subject to an existing Comprehensive Sign Plan (Exhibit D), which establishes criteria for design, sizes, and more. This request does not seek to modify established signage standards for the Four Peaks Plaza, aside from the Freestanding Project Monument Sign standards. Page | 6 Freeway Project Monument Sign standards are proposed as follows: 1. The Project is allowed two (2) Freestanding Project Monument Signs for tenant identification. These signs are to be located along Shea Boulevard. 2. These signs are to have a textured aluminum background with reverse pan channel letter that are internally illuminated with clear lexan backs, pegged 1 inch off the background for halo illumination. Approved colors shall be per the approved Comprehensive Sign Plan. No ground mounted lighting is permitted. 3. These signs shall include stacked stone as the sign base, consistent with the theme for Four Peaks Plaza. 4. Sign A shall not exceed 20 feet in height and 210 square feet in area. 5. Sign B shall not exceed 12 feet in height and 80 square feet in area. 6. These signs shall be separated a minimum of 150 feet. Refer to Exhibit E for proposed Freestanding Project Monument Sign plans which achieve the criteria above. Due to the topography of the Property and wash encumbrances, there is a significant limitation on visibility of the existing signage, as documented herein. Therefore, in order to facilitate improved wayfinding and visibility, an encroachment permit(s) may be requested to allow placement of the Freestanding Project Monument Signs within the right-of-way, but not within a median, provided all portions of the sign structure and sign face are at last three (3) feet from the curb or edge of pavement and do not overhang a sidewalk. In the event that utility conflicts arise, the signage locations provided herein are conceptual only and are subject to final plan review and approval by the Town of Fountain Hills. I. General Plan Conformance The General Plan Land Use Map designates the Property as “Shea Corridor” Character Area (Exhibit F). The General Plan, which was adopted by the Town Council and ratified by voters on November 3, 2020, highlights the Shea Corridor as a Primary Gateway entry into the Town (Table 1 Character Areas Plan, Pg. 46). Primary gateways are intended to draw more visitors to the Town and support a strong tax base and robust local economy. Design Character for Primary Gateway locations are anticipated to be designed to enhance the user’s experience as they travel to and from Fountain Hills… while defining clear wayfinding… through the use of several means, including signage. In keeping with the General Plan designation, this request does not seek to change any of the approved uses or development standards for the Property. Rather, this request seeks very limited signage allowances, consistent with the General Plan, consistent with standards used throughout the Valley, and property owner objectives. J. Conclusion This PAD provides a framework for enhanced Freeway Project Monument Signage, consistent with the character of the existing Four Peaks Plaza. Ultimately, the signage modifications requested herein are Page | 7 limited to Freestanding Project Monument Signs, which will promote increased visibility for the shops within the Four Peaks Plaza; reduce vehicular conflicts and assist with wayfinding within the designated Gateway. Exhibit A SUBJECT SITE FUTURE VILLAGE AT FOUR PEAKS (NOT A PART) EXHIBIT A: Site Aerial Map Exhibit B EXHIBIT B: Existing and Proposed Zoning Map Existing Proposed PAD Exhibit C East bound on Shea Blvd -just past the driveway, approaching Center Lane Existing4 Heavy vegetation and topography limits visibility. East bound on Shea Blvd. Existing Target Building Sign2 Target roofline First sightline into the center is just past the proposed redevelopment site. 4 Shea Blvd. and approaching Center Lane intersection Existing Monument Sign Monument Sign At the decision point to turn into the Center, the monument sign is not visible. 5 Shea Blvd. and Center Lane intersection Existing Monument Sign Exhibit D Exhibit E OVERALL PROPOSED SITE PLAN NOTTO SCALE II VESCO® Custom Electric Signs .. Phoenix Division 6725 West Chicago Street Chandler, AZ 85226 480.449.3726 www.yesco.com DESIGN This drawing was created to assist you in visualizing our proposal. The original ideas herein are the property of VESCO. Permission to copy or revise this drawing can only be obtained through a written agreement with VESCO. Client: Four Peaks Plaza Address: 16825 E. Shea Blvd. Fountain Hills, AZ 85268 Account Executive: Tim Lambson Designer: Mark R. Date: 05.03.2021 DPY: 39425 Revisions: No. Date 05.06.2021 A 05.12.2021 A 06.15.2022 A 01.11.2023 Customer Approval: x ____________ _ Client Signature I Date x ____________ _ Landlord Signature I Date AZ Contractor Licenses: Signs #ROC260959 Awnings #ROC260960 Electrical #ROC260958 PAGE 4 10 . 0 ' 10 . 0 ' RIGHT-OF-WAY/SITE BOUNDARY 15" SEWER LINE 20' SEWER EASEMENT RIGHT-OF-WAY/SITE BOUNDARY 15" SEWER LINE 20' SEWER EASEMENT SIGHT DISTANCE VISIBILITYSIGHT DISTANCE VISIBILITY PROPOSED SIGN LOCATION PROPOSED SIGN LOCATION SEWER DEPTH 10'-12'SEWER DEPTH 10'-12' 20 . 0 ' 20 . 0 ' 10 . 0 ' RIGHT-OF-WAY/SITE BOUNDARY 15" SEWER LINE 20' SEWER EASEMENT SIGHT DISTANCE VISIBILITY RIGHT-OF-WAY/SITE BOUNDARY 15" SEWER LINE 20' SEWER EASEMENT 10 . 0 ' SIGHT DISTANCE VISIBILITY EXISTING SIGN LOCATION SEWER DEPTH 10'-12'SEWER DEPTH 10'-12' PROPOSED SIGN LOCATION PROPOSED SIGN LOCATION EXISTING SIGN LOCATION 20 . 0 ' 20 . 0 ' SIGN A - LOCATION CONTEXT SIGN B - LOCATION CONTEXT N 0'20' FOUNTAIN HILLS, AZ DATE: OCTOBER 26, 2023 | BY: JBK | SCALE: APPROX CONCEPTUAL SIGN LOCATIONS 10'FOUR PEAKS PLAZA NOTE: SIGN LOCATIONS ARE CONCEPTUAL AND SUBJECT TO FINAL PLAN APPROVAL A MANUFACTURE & INSTALL ONE (1) D/F ILLUMINATED MONUMENT DISPLAY PERSPECTIVE VIEW N.T.S. 206 SQ FT 1.ALUMINUM TOP ACCENT WITH LIGHT BEIGE PAINTED FINISH 2.ALUMINUM CABINET WITH PAINTED BEIGE FINISH 3.ILLUMINATED PAN CHANNEL LETTERS & LOGO WITH RED FINISH, RED ACRYLIC FACES, 20'-0" RED TRIM CAP, ILLUMINATED WITH RED LEDs (COMPLY WITH CORPORATE STANDARDS) 4.ALUMINUM CABINET WITH STACKED STONE FINISH TO MATCH EXISTING 5.ALUMINUM TENANT CABINET WITH DARK BEIGE FINISH/ LIGHT BEIGE FACES 6.ALUMINUM PAN CHANNEL LETTERS WITH PAINTED RETURNS, ACRYLIC FACES, TRIM CAP, VINYL OVERLAY ON FACES, ILLUMINATED WITH WHITE LEDs 7.BLACK VINYL LOGO 21'-7"------------ ------9'-9"-----------<- 2'fo,, �===:;;::::====._I 8'-4" 5' O" SCALE: 1/4" = 1'-0" 7. 6. 5. II VESCO® Custom Electric Signs .. Phoenix Division 6725 West Chicago Street Chandler, AZ 85226 480.449.3726 www.yesco.com DESIGN This drawing was created to assist you in visualizing our proposal. The original ideas herein are the property of VESCO. Permission to copy or revise this drawing can only be obtained through a written agreement with VESCO. Client: Four Peaks Plaza Address: 16825 E. Shea Blvd. Fountain Hills, AZ 85268 Account Executive: Tim Lambson Designer: Mark R. Date: 05.03.2021 DPY: 39425 Revisions: No. Date 05.06.2021 05.12.2021 06.15.2022 A 01.11.2023 Customer Approval: x _______ _ Client Signature I Date x _______ _ Landlord Signature I Date AZ Contractor Licenses: Signs #ROC260959 Awnings #ROC260960 Electrical #ROC260958 PAGE 2 4 Shea Blvd. and approaching Center Lane intersection Proposed Monument Sign (A) A larger sign moved closer to the street will provide the identity needed to guide customers into the center and support the retail businesses. B MANUFACTURE & INSTALL ONE (1) D/F ILLUMINATED MONUMENT DISPLAY PERSPECTIVE VIEW N.T.S. 76 SQ FT 12'-0" 1.ALUMINUM TOP ACCENT WITH LIGHT BEIGE PAINTED FINISH 2.ALUMINUM CABINET WITH PAINTED BEIGE FINISH 3.ILLUMINATED PAN CHANNEL LETTERS & LOGO WITH RED FINISH, RED ACRYLIC FACES, RED TRIM CAP, ILLUMINATED WITH RED LEDs (COMPLY WITH CORPORATE STANDARDS) 4.ALUMINUM CABINET WITH STACKED STONE FINISH TO MATCH EXISTING 5.ALUMINUM TENANT CABINET WITH DARK BEIGE FINISH/ LIGHT BEIGE FACES 6.ALUMINUM PAN CHANNEL LETTERS WITH PAINTED RETURNS, ACRYLIC FACES, TRIM CAP, VINYL OVERLAY ON FACES, ILLUMINATED WITH WHITE LEDs 7.BLACK VINYL LOGO -------7'-6"------------ 4'-9 ½" l 10 ½" r SCALE: 3/8" = 1 '-0" II VESCO® Custom Electric Signs .. Phoenix Division 6725 West Chicago Street Chandler, AZ 85226 480.449.3726 www.yesco.com DESIGN This drawing was created to assist you in visualizing our proposal. The original ideas herein are the property of VESCO. Permission to copy or revise this drawing can only be obtained through a written agreement with VESCO. Client: Four Peaks Plaza Address: 16825 E. Shea Blvd. Fountain Hills, AZ 85268 Account Executive: Tim Lambson Designer: Mark R. Date: 05.03.2021 DPY: 39425 Revisions: No. Date 05.06.2021 05.12.2021 06.15.2022 A 01.11.2023 Customer Approval: x _______ _ Client Signature I Date x _______ _ Landlord Signature I Date AZ Contractor Licenses: Signs #ROC260959 Awnings #ROC260960 Electrical #ROC260958 PAGE 3 Exhibit F EXHIBIT F: General Plan Map (Shea Corridor) Appendix A Citizen Participation Report Village at Four Peaks Generally Located at the SEC of Shea Blvd & Technology Dr Prepared by: Withey Morris Baugh, PLC 2525 East Arizona Biltmore Circle Suite A-212 Phoenix, Arizona 85016 Rezoning Case No. RZ23-000002 Submittal Date: November 27, 2023 1 1. Project Description/Request The subject site is an approximately 6.7-acre property located at the southeast corner of Shea Boulevard and Technology Drive (Tab 1). This requested PAD (Case No. RZ23-000002) seeks to establish site-specific permitted uses, as well as development standards and design criteria for a high quality 316-unit, 4-story wrap residential community (the “Community”). The proposed Community will provide new and diverse housing opportunities within the Town of Fountain Hills, which will accommodate a variety of lifestyles and life cycles. This report outlines the applicant’s citizen participation efforts to date. 2. Outreach/Notification Timeline • June 6, 2023: Initial neighborhood meeting notice letters mailed by the applicant to all applicable parties within 500 feet of the Property. • June 21, 2023: An in-person neighborhood meeting for the proposed project was held at the Four Peaks Plaza, located at 16815 E. Shea Blvd, Suite 123, Fountain Hills. • September 1, 2023: A second, voluntary, neighborhood meeting notice letter was mailed by the applicant to all applicable parties within 500 feet of the Property; and, within 300 feet of the larger shopping center property due to a concurrent Sign PAD request for the overall balance of the Four Peaks Plaza. • September 18, 2023: A second, voluntary neighborhood meeting was held regarding the proposed Community, concurrent with the required neighborhood meeting for the Four Peaks Plaza Sign PAD. • November 22, 2023: Two (2) public hearing signs were posted to the Property with public hearing dates. • Town staff facilitated public hearing noticing and newspaper advertising. 3. Neighborhood Meeting Summaries A. Initial In-Person Neighborhood Meeting The applicant, along with the project development team, attended the in-person neighborhood meeting. Approximately three (3) interested individuals attended the neighborhood meeting. 2 The attendee list for the initial neighborhood meeting is enclosed at Tab 2. Attendees had general questions primarily regarding: visual impacts; timing for approvals; traffic; noticing requirements; and, average lease terms. The applicant team responded to attendee comments as outlined below: 1. Visual Impacts Neighborhood meeting attendees requested information regarding the building height. The applicant provided the building heights and further explained the grade differences between the subject site and adjacent right-of-way. Neighborhood meeting attendees requested additional information regarding potential visual impacts from beyond Shea Boulevard and Trevino Drive. The applicant indicated that the project team would work to provide an additional rendering and line-of-sight exhibit, which would be shared at a follow-up meeting. This exhibit would help provide context for the ultimate view. 2. Timing for Town Process The applicant confirmed that the typical rezoning process is six to nine months, and that the project was in the very early stages, and would likely take until the end of 2023 to get through the Town’s zoning process. 3. Traffic The applicant advised that the overall development would generate less trips per day compared to the retail center at full occupancy, and that any mitigation would be provided, as required by the Town. 4. Noticing Requirements A neighborhood meeting attendee requested confirmation regarding outreach efforts. The applicant advised that notification was mailed beyond the Town’s requirements; and, that additional outreach would occur—beyond that required by the Town— including a follow-up neighborhood meeting. 5. Workforce Questions were raised regarding the Fountain Hills workforce that the development is seeking to capture, as well as general leasing questions. The applicant advised that additional information would be captured through the process and that a typical leasing structure would be used, with most common leases lasting one (1) year. B. Second (Voluntary) In-Person Neighborhood Meeting 3 In response to questions raised regarding elements of the proposed development during the first neighborhood meeting, the applicant generated additional exhibits and a second (voluntary) neighborhood meeting was scheduled to share updates with interested parties. The applicant, along with the project development team, attended the in-person neighborhood meeting. In addition, three (3) interested individuals attended the neighborhood meeting. See the sign-in sheet enclosed at Tab 3. During the second, voluntary, neighborhood meeting, the applicant shared a line-of-sight exhibit and section with interested parties, illustrating the proposed change. Refer to Tab 4, Line of Sight Exhibits. Attendees had general questions, primarily regarding: interior qualities; traffic; compatibility; commercial vacancy; and building height. 1. Interior Qualities The applicant advised that the interiors of the units and amenity areas would be designed reflective of the luxury vernacular of the overall development, and would be consistent with other luxury developments. 2. Traffic The applicant advised that the overall development would generate less trips per day compared to the retail center at full occupancy, and that any mitigation would be provided, as required by the Town. Upon further review of traffic impacts, the applicant—in working with the project’s traffic engineer—has concluded that the level of service to adjacent roadways will remain unchanged once the project is developed, meaning the levels of delay and service of the roadway should remain consistent with what is experienced currently. 3. Compatibility One of the industrial business owners in the area raised the question of compatibility for the proposed use within the area. It was discussed that there are several horizontal mixed-use / mixed-development areas within the Valley where residential is located proximate to employment uses. The area’s land use pattern was discussed in detail. 4. Commercial Vacancy The overall vacancy of the Four Peaks Plaza was discussed, with attendees acknowledging the long-term existing conditions. 5. Building Height 4 The applicant discussed building height with attendees and explained that the maximum building heights are to accommodate parapets and architectural ornamentation. Further, it was discussed that the site is sub-grade, with a significant amount of existing landscaping and natural buffers. One (1) neighbor asked the applicant to send the exhibits to him for further review, and upon doing so, the applicant has not heard any additional feedback regarding building height. The applicant team is optimistic that several initial concerns have been met and the applicant will continue to keep an open line of communication with the community and interested parties throughout the process. 4. Correspondence to Applicant The applicant is not directly in receipt of any neighbor correspondence; however, the Board of Directors of the Fountain Hills Chamber of Commerce has provided the enclosed letter of support for the proposed development (Tab 5). ORDINANCE NO. 24-02 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS OFFICIAL ZONING DISTRICT MAP FOR APPROXIMATELY 22.5 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SHEA BOULEVARD AND SAGUARO BOULEVARD AS SHOWN IN CASE NO. Z23-00004, FROM C-2 – INTERMEDIATE COMMERCIAL ZONING DISTRICT WITH A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT AND I-2 – PLANNED INDUSTIAL TO FOUR PEAKS PLAZA PLANNED AREA DEVELOPMENT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desires to amend the Town of Fountain Hills Official Zoning District Map (the “Zoning Map”) pursuant to ARIZ. REV. STAT. § 9-462.04, to change the zoning description for a 22.5-acre parcel of real property from C-2 – Intermediate Commercial Zoning District with a Planned Unit Overlay District and I-1 – Planned Industrial to Four Peaks Plaza PAD (the “Zoning District Map Amendment”); and WHEREAS, the Zoning District Map Amendment proposed by this ordinance is consistent with the Fountain Hills General Plan 2020 as amended; and WHEREAS, all due and proper notices of public hearings on the Zoning District Map Amendment held before the Town of Fountain Hills Planning and Zoning Commission (the “Commission”) and the Town Council were given in the time, form, substance and manner provided by ARIZ. REV. STAT. § 9-462.04; and WHEREAS, the Commission held a public hearing on December 11, 2023 on the Zoning District Map Amendment; and WHEREAS, the Town Council held an additional public hearing regarding the Zoning District Map Amendment on January 17, 2024. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The 22.5-acre parcel of real property generally located at the southwest corner of Shea Boulevard and Saguaro Boulevard as shown in Case No. Z23-00004, from C-2 – Intermediate Commercial Zoning District and with a Planned Unit Overlay District and I-1 – Planned Industrial to Four Peaks Planned Area Development, subject to the following conditions: a. Ensure compliance with the approved freestanding mounument sign plan with this PAD except as modified below. b. Ensure compliance with all the Town’s adopted codes, requirements, standards and regulations, except as specifically stated and approved in the Four Peaks Plaza PAD Sign Plan. c. Receiving an encroachment permit. d. Providing a final design that does not conflict with the existing 15" sewer line. SECTION 3. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, January 17, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ________________________________ __________________________________ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ________________________________ __________________________________ Rachael Goodwin, Town Manager Aaron Arnson, Town Attorney EXHIBIT A TO ORDINANCE No. 24-02 [Legal Description and Map] See following pages. LEGAL DESCRIPTION LOTS 6, 7, 8 AND TRACT "C" OF AMENDED PLAT OF "FOUR PEAKS PLAZA" RECORDED IN BOOK 704 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA AND LOCATED IN A PORTION OF THE WEST HALF OF SECTION 26 AND THE EAST HALF OF SECTION 27, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH 37°55'34" WEST, A DISTANCE OF 117.88 FEET; THENCE SOUTH 61°20'00" EAST, A DISTANCE OF 130.11 FEET; THENCE SOUTH 32°07'00" EAST, A DISTANCE OF 329.10 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS BEARS SOUTH 36°16'36" WEST, A DISTANCE OF 758.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 21°58'36", AN ARC LENGTH OF 290.74 FEET; THENCE SOUTH 75°42'00" WEST, A DISTANCE OF 155.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS BEARS SOUTH 14°18'00" EAST, A DISTANCE OF 842.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 25°03'50", AN ARC LENGTH OF 368.33 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS BEARS NORTH 39°28'40" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 86°33'49", AN ARC LENGTH OF 30.22 FEET; THENCE NORTH 36°02'29" WEST, A DISTANCE OF 24.45 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS BEARS SOUTH 53°57'31" WEST, A DISTANCE OF 370.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 21°57'31", AN ARC LENGTH OF 141.80 FEET; THENCE NORTH 58°00'00" WEST, A DISTANCE OF 365.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS BEARS SOUTH 32°00'00" WEST, A DISTANCE OF 370.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 32°00'00", AN ARC LENGTH OF 206.65 FEET; THENCE WEST, A DISTANCE OF 20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS BEARS SOUTH, A DISTANCE OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH OF 31.42 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS BEARS SOUTH 89°59'12" EAST, A DISTANCE OF 100.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 23°04'26", AN ARC LENGTH OF 40.27 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS BEARS NORTH 66°54'49" WEST, A DISTANCE OF 100.06 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 23°04'20", AN ARC LENGTH OF 40.29 FEET; THENCE NORTH, A DISTANCE OF 165.57 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS BEARS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 10°07'01", AN ARC LENGTH OF 88.29 FEET; THENCE EAST, A DISTANCE OF 114.98 FEET; THENCE NORTH 32°00'00" EAST, A DISTANCE OF 205.05 FEET; THENCE NORTH 58°00'00" WEST, A DISTANCE OF 74.20 FEET; THENCE NORTH 32°00'00" EAST, A DISTANCE OF 445.06 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS BEARS SOUTH 30°35'21" WEST, A DISTANCE OF 6797.49 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 07°56'45", AN ARC LENGTH OF 942.69 FEET TO THE POINT OF BEGINNING. CONTAINING 982,616 SQ,FT. OR 22.558 ACRES MORE OR LESS. EXHIBIT A OFFICIAL SUPPLEMENTARY ZONING MAP AMENDING THE TOWN OF FOUNTAIN HILLS ZONING MAP All that is Arizona FO U NTAIN HILLS TOWN OF IN C. 1989 CASE: Z23-000004 ACREAGE: 22.56 REQUEST: REZONE FROM C-2 COMMERCIAL UNIT PLANNED DEVELOPMENT ZONING DISTRICT AND INDUSTRIAL - 1 ZONING DISTRICT TO FOUR PEAKS PLAZA P.A.D. ORDINANCE: ORD 24-02 Please be advised that the attached zoning changes were approved by the Fountain Hills Town Council on January 17, 2024 by Ordinance # 24-01. If you have any questions concerning these changes, contact the Town of Fountain Hills Development Services Department at 480-816-5122. ATTEST:DATE: MAYOR TOWN CLERK S H E A B L V D T E C H N O L O G Y D R SAGUAR O B L V D ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Extension of the Special Use Permit for up to 10 residential units on C-C zoned property at 16741 E. Glenbrook, the southeast corner of Glenbrook and Fountain Hills Boulevard. Staff Summary (Background) The request for approval of this Special Use Permit (SUP) was considered by the Town Council at their June 6, 2023, Council meeting. The request was approved by a 6 - 1 vote of the Council. The report for the June 6 meeting as well as the site plan and other supporting documents are attached for your review. The proposed development consists of three buildings: a duplex, a triplex, and a four-plex building. A central drive from Fountain Hills Blvd. to Glenbrook Blvd provides access to the units. In order to avoid speculative requests for SUP's, the ordinance establishes certain deadlines to keep a project moving forward after approval. The first deadline is to submit the application for the building permit within 6 months of approval, the second is to receive approval of the building permit within one year of the SUP approval. Before a building permit application can be filed, the developer must first receive approval of a site plan. The site plan for this development was submitted on October 21, 2023. Staff provided review comments on November 13, 2023. Staff informed the applicant in late November that the SUP would expire on December 6 if the site plan is not completed and building construction plans submitted, or an extension is requested and approved. On December 1, a letter was received requesting an extension. In the letter, the applicant noted their plans to finish up the site plan review process and that staff could expect a re-submittal of the site plan by December 4. As of the date of this report, a follow-up submittal has not been received. The site plan which was submitted for review in October addressed many of the concerns that staff identified on the site during the SUP review. There have not been any significant changes in the area which would impact the continued approval of this SUP. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02, Special Use Permits Zoning Ordinance Section 12.03, Uses Permitted in Commercial Zoning Districts with Approval of a SUP Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) The applicant is trying to move forward with this development. Staff can support continuance of the SUP. SUGGESTED MOTION MOVE to approve a six-month continuance of the SUP. Attachments Extension Request Vicinity Map Site Plan Previous staff report Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 12/27/2023 11:26 AM Form Started By: John Wesley Started On: 12/20/2023 04:11 PM Final Approval Date: 12/27/2023 Vicinity CASE: SUP23-000001 SITE / ADDRESS: 16741 E GLENBROOK BLVD APN 176-04-687 REQUEST: SUP FOR MULTI-FAMILY RESIDENTIAL UP TO 10 UNITS ON COMMERCIAL ZONED PROPERTY. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP23-000001SUP23-000001 E GLENBROOK B L V D N F O U N T A I N H I L L S B L V D E EL PUEBLO BLV D N I V O R Y D R AL L E Y BA L B O A W A S H AL L E Y ALLEY E A L A M O S A A V E N P E A C H T R E E L N 0 10 20 40 NO R T H GLENBROOK BLVD FO U N T A I N H I L L S B L V D AL L E Y 11 5 ' - 0 " BACK OF CURB BA C K O F C U R B 18' - 0" 6' - 0" Unit 1 Unit 2 Unit 3Unit 4Unit 5 Unit 6Unit 7 Unit 8 Unit 9 Unit 10 26 ' - 0 " 2-Car Garage 2-Car Garage 2-Car Garage 2-Car Garage 2-Car Garage 2-Car Garage LANDSCAPE LA N D S C A P E LANDSCAPE LANDSCAPE ASPHALT PAVING TRASH ASPHALT PAVING FIRE DEPARTMENT TRAVEL ROUTE RE A R Y A R D RE A R Y A R D PATIO / REAR YARD PATIO / REAR YARD PATIO / REAR YARD PATIO / REAR YARD PATIO / REAR YARD PATIO / REAR YARD PATIO / REAR YARD PATIO / REAR YARD 15 ' - 6 " 6' - 0 " 16' - 0 5/32" 2-Car Garage 2-Car Garage 2-Car Garage 2-Car Garage 18' - 0"22' - 2 1/2" 6' - 0 " 14 ' - 0 " 96' - 2" GUEST PARKING 19 ' - 0 " 4' - 0 " VI C I N I T Y M A P Glenbrook Condominiums DEVELOPER: Harr Family Homes 15871 East Eagle Rock Drive Fountain Hills, Arizona 85268 contact: Kirk Harr ph: (602) 826-8655 email: k.harr@me.com RLeporeArchitecture, LLC 13440 North 44th Street, #2031 Phoenix, Arizona 85032 Robert L. Lepore - Architect ph: (602) 318-0100 email: RLeporeArchitecture@gmail.com ARCHITECT: 16741 E. Glenbrook Blvd Fountain Hills, Arizona 85268 A Multi-Family Project: PR O J E C T T E A M APN: S/T/R: MCR: Zoning: Subdivision: Lot #: Lot Area: Gross: Net: Occupancy Group: Construction Type: Maximum Height: Allowed: Proposed: BUILDING SETBACKS: Front: Rear: Side: AREA CALCULATIONS: 5-Plex Unit Area Calcs: 1st Floor Livable: 1st Floor Garage: 1st Floor Rear Patio: 1st Floor Entry Patio: 2nd Floor Livable: 2nd Floor Rear Balcony: 2nd Floor Front Balcony: 4-Plex Unit Total Livable: 4- Plex Building Total: Tri-Plex Unit Area Calcs: 1st Floor Livable: 1st Floor Garage: 1st Floor Rear Patio: 1st Floor Entry Patio: 2nd Floor Livable: 2nd Floor Rear Balcony: 2nd Floor Front Balcony: Tri-Plex Unit Total Livable: Tri- Plex Building Total: Du-Plex Unit Area Calcs: 1st Floor Livable: 1st Floor Garage: 1st Floor Side Patio: 1st Floor Side Patio: 2nd Floor Livable: 2nd Floor Balcony 1: 2nd Floor Balcony 2: 2nd Floor Balcony 3: Du-Plex Unit Total Livable: Du- Plex Building Total: Lot Coverage: Allowed: Provided: Parking: Required: Provided: 176-04-813 10 3N 6E 162-40 C-C Fountain Hills Arizona No. 106 AMD N/A x,xxx 29,921 sf (+/- 0.68 acres) Residential V-B Sprinklered 25' 25' 0 0' 0' Livable Non-Livable Livable Non-Livable 675 sf x 5 = 3375 sf 436 sf x 5 = 2188 sf 172 sf x 5 = 860 sf 112 sf x 5 = 560 sf 1028 sf x 5 = 5140 sf 134 sf x 5 = 670 sf 100 sf x 5 = 500 sf 1703 sf 954 sf 8515 sf 4778 sf 675 sf x 3 = 2025 sf 436 sf x 3 = 1308 sf 172 sf x 3 = 516 sf 112 sf x 3 = 336 sf 1028 sf x 3 = 3084 sf 134 sf x 3 = 402 sf 100 sf x 3 = 300 sf 1703 sf 954 sf 5109 sf 2862 sf 743 sf x 2 = 1486 sf 426 sf x 2 = 852 sf 178 sf x 2 = 356 sf 178 sf x 2 = 356 sf 1132 sf x 2 = 2264 sf 114 sf x 2 = 228 sf 47 sf x 2 = 94 sf 49 sf x 2 = 98 sf 1875 sf 992 sf 3750 sf 1984 sf (100%) 89,878 x 1 = 89,878 sf 5-Plex = 6287 x 1 = 7,312 sf Tri-Plex = 4675 x 1 = 4,675 sf Duplex = 2997 x 1 = 2,997 sf Total Building Coverage: 14,984 sf (2) Stalls per 3-bedroom units = 20 stalls required (23) Stalls provided. PR O J E C T D A T A E. Glenbrook Blvd. N. Founta in Hills Blvd E. McDowellMountain Rd. Project Location REGIS T E R ED ARC H I T ECT CE R T I F I CATE N O A RIZONA U.S.A.Signed D at e . -2022 - , Expires 12-31-2023 27001 ROBERT L LEPORE 2 501 RL e p o r e A r c h i t e c t u r e , L L C 13 4 4 0 N o r t h 4 4 t h S t r e e t , # 2 0 3 1 Ph o e n i x , A r i z o n a 8 5 0 3 2 60 2 . 3 1 8 . 0 1 0 0 R L e p o r e A r c h i t e c t u r e @ g m a i l . c o m 16 7 4 1 E . G l e n b r o o k Fo u n t a i n H i l l s , A r i z o n a 8 5 2 6 8 A N e w M u l t i -fa m i l y P r o j e c t No . Da t e Re v i s i o n Gl e n b r o o k C o n d o m i n i u m s A1.1 Site Plan & Project Data 1" = 10'-0"1 Site Plan ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 06/06/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING, CONSIDERATION, AND POSSIBLE DIRECTION: A request for approval of a Special Use Permit to permit up to 10 apartments in three buildings on a .33 acre parcel located at 16741 E. Glenbrook, the southwest corner of Glenbrook Boulevard and Fountain Hills Boulevard. SUP23-000001. Staff Summary (Background) The property at the southeast corner of Fountain Hills Blvd. and Glenbrook Blvd. is zoned C-C, Common Commercial. This zoning district is the same as the C-1, Neighborhood Commercial and Professional, zoning district, but allows for common parking areas rather than parking on individual lots. This property was platted in 1973 for this type of development and includes the area down to El Pueblo. The building along El Pueblo Blvd. and a portion of the parking along the street were constructed prior to January 1986. Additional buildings and parking were slowly added over the years. The development as it exists today has been in place since 2004. Council approved a Special Use Permit to allow residential use of the lot at the southeast corner of this subdivision last year. The lot at the corner of Fountain Hills Blvd and Glenbrook Blvd. is just under 30,000 sq. ft. The applicant is proposing to construct up to ten dwellings on the property. A concept plan has been submitted to illustrate how the lot could be developed. Residential uses are allowed in the commercial zoning districts only through approval of a Special Use Permit (SUP). Following approval of the SUP the applicant will prepare a final site plan as required by Sec. 2.04 of the Zoning Ordinance for review and approval by staff. General Plan The General Plan includes the following Goals and Policies: Neighborhoods Element GOAL 2: Support a housing strategy that encourages a broad range of quality housing types to address current and future housing needs and to support long-term economic vitality. POLICIES 1. Encourage a broad range of housing types affordable to all income ranges and age groups in a manner compatible with adjacent development. 2. Encourage a range of housing types and residential densities and maintain consistency with the existing character of infill areas in conformance with criteria provided in Table 1: Character Areas Plan. 5. Direct higher-density residential and mixed-used development to the Town Center and redevelopment areas such as Shea Corridor as opportunities arise. Character Areas Element GOAL 1: Encourage future development, redevelopment and infill in a manner that will maintain and protect existing neighborhoods, the Town’s economic health, community well-being, and natural environment. POLICIES 1. Achieve and maintain a diverse and sustainable land use mix consistent with our small-town character that supports thriving neighborhoods, environment and economy by attracting and retaining revenue-generating uses that: a. Enhance the Town’s economic vitality; and b. Increase the Town’s revenue base to maintain quality infrastructure, services and amenities. GOAL: 2: Development, redevelopment and infill support Fountain Hills' small-town identity and the distinct character of each area while fostering long-term viability. POLICIES 3. Support a mix of residential, employment, and commercial uses at densities and intensities and in the development form that reflect the small-Town character of Fountain Hills. 5. Strongly encourage a wide range of housing types, densities and prices to support the current and projected populations (particularly families and working professionals) and to ensure the future stock of affordable housing for all income ranges. 6. Require that development, redevelopment, and infill conform with Exhibit 2, Character Aras Plan map, and Table 1. Section III of the general plan includes the information on the Character Areas in the Town. This small commercial area at Glenbrook and Fountain Hills Boulevards was included as part of the surrounding Neighborhood character type. More specifically, this area is considered a Mixed Neighborhood with smaller lots and a mix of non-residential uses. This existing commercial area is intended to remain a low intensity area with any further development or redevelopment consistent with the surrounding neighborhood. Allowing the proposed residential use within this commercial area would be consistent the intent of the Plan for this area. Ordinance Requirements The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning districts with the approval of a SUP. Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP. Section 2.02 F. 1. d. of the zoning ordinance states: d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. This area has been zoned and platted prior to incorporation of the Town for commercial uses. It is still the desire of the Town to have this be a successful commercial center. The questions become: Would allowing residential use of this prominent corner be detrimental to the desired commercial1. Would allowing residential use of this prominent corner be detrimental to the desired commercial activity? 1. Would the residential use be detrimental to the public health, safety, peace, or comfort of the neighborhood? 2. Is the residential use being designed and established in a manner that creates a desirable living environment in a manner compatible with the adjacent development and meets the goal of providing a recognizable entry to the Town? 3. A review of this property shows that over its almost 50-year history it has not fully developed and has largely been underutilized. Facilitating the development by allowing a mix of uses will help to improve the overall quality of the development by introducing new buildings and additional activity on the property. More people living nearby can provide customers to the businesses. Two SUP's have already been approved in this development to allow residential in mixed use buildings. This would be the first consideration of a residential only development. The C-C zoning district allows buildings up to 25' tall. The adjacent property to the east and south is zoned C-C and built with commercial buildings and a parking lot. Further east along Glenbrook Blvd. are residential uses. While none of the other properties are currently developed with two-story buildings, they are permitted on this property and all the surrounding properties. The property west across Fountain Hills Blvd is zoned R1-8 and to the northwest is zoned R1-35, both are developed with churches. The property to the north across Glenbrook Blvd. is zoned C-1 and developed with commercial buildings. The conceptual design has access to the apartments from both streets. Each dwelling has a ground-floor, two-car garage. The developer of this project is the same developer for the property on Saguaro Blvd. at Trevino and the same type of unit is planned for this location. Given the small size of the parcel, the applicant is having difficulty meeting some of the ordinance requirements with the attached site plan. For example, the drive aisle through the property does not meet the minimum width and the three guest parking spaces do not meet the parking stall depth requirements. Further, there are no on-site amenities shown in the development. A gate is provided to allow access to the commercial area, but it is unclear whether there will be any sidewalks or paths on the commercial side to connect to the gate. Further refinement of the site plan will take place through the site plan review process and it is possible a unit will need to be removed. Addressing the third question above with this proposed Special Use Permit is the most challenging. As stated above, the General Plan envisions a gateway feature somewhere in this general area to welcome people into the Town and help provide wayfinding to Town destinations. This function is more easily provided in a commercial setting than in a residential development. This intersection is the first major intersection when entering the Town from the north. This is the only undeveloped intersection at this corner. Care should be taken with the design amenities at this corner to provide interest and set a high standard for the community. A block wall and the back of two-story residential units may not provide the look desired for this location. This small pocket of residential use will be located at a busy intersection and surrounded by parking lots and non-residential uses. Each unit will have a small private outdoor space, but the interior of the development is all driveway without any amenities. This setting for the homes is not ideal and will have a challenge in providing a "desirable living environment" for the residents. Good Neighbor Statement Good Neighbor Statement Given the nature of the use, staff did not see a need to require this statement. Citizen Participation The applicant provided a Citizen Participation Plan as part of his application. That plan included sending letters to all property owners within 300' and holding a meeting on February 21, 2023. The letter described the project, provided contact information for any residents who had questions and offered to meet with residents if desired. A Citizen Participation Report was received on March 21, 2023. Two property owners from the adjacent commercial development attended the meeting. Those individuals asked questions for clarification and information was provided. There was some concern that residents of this development would use the parking on the adjacent properties. The report states that after the discussion both were in favor of the project. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020 Zoning Ordinance Section 2.02, Special Use Permits Zoning Ordinance Section 12.03, Uses Subject to Special Use Permits in Commercial Zoning Districts Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Following review and discussion, the Planning and Zoning Commission voted to recommend approval of this SUP. Staff Recommendation(s) This commercial property has been zoned and plated for 50 years and has not developed with commercial development. In general, the Town is over zoned and built for commercial uses and needs to convert some commercial properties to residential uses to provide place for more residents to utilize the existing businesses. The General Plan supports a mix of neighborhood scale uses in this location. Despite the reasons for support listed above, staff has some concerns with the approval of the SUP for this location. These concerns stem from the setting and the challenge it will have in addressing the need to provide a desirable living environment. There are several issues that will need to be resolved in the concept plan and it is likely at least one unit will need to removed to provide for the required parking and an amenity area. If the Commission is supportive of allowing the residential use at this location staff can recommend approval and work with the applicant on the site plan to address the issues raised. SUGGESTED MOTION MOVE to recommend approval of case number SUP23-0000001. Attachments Vicinity Map Location and zoning map Project Narrative Site Plan Example Elevations Form Review Inbox Reviewed By Date Finance Director David Pock 05/17/2023 04:53 PM Town Attorney Aaron D. Arnson 05/17/2023 09:22 PM Interim Town Manager Rachael Goodwin 05/18/2023 03:06 PM Development Services Director (Originator)John Wesley 05/18/2023 03:20 PM Form Started By: John Wesley Started On: 05/09/2023 02:49 PM Final Approval Date: 05/18/2023 ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 01/17/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION, AND POSSIBLE ACTION: Approval of a six-month extension to the approved Special Use Permit to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9637 N. Saguaro Boulevard; APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district. Staff Summary (Background) Per Section 2.02 G of the Zoning Ordinance: "An application for a building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be submitted within six (6) months from the date of approval and secured within one (1) year. Prior to the termination of an approved special use permit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated." The subject Special Use Permit was approved on December 7, 2021. A six-month extension to the SUP was granted on June 21, 2022. A second six-month extension request was granted on January 3, 2023. The applicant's site plan was approved before the June 7, 2023 deadline. The applicant subsequently submitted construction plans. Per zoning ordinance requirements, the construction plans require approval within one year of the date of approval of the last SUP extension. Review comments were sent out to the applicant in early August 2023, but staff has not received a resubmittal. On November 29, 2022, the applicant provided a written request for another 6-month extension to the Special Use Permit, 8 days shy of the expiration date. This agenda item is to review the request from the applicant for a third 6-month extension from the date of expiration. If approved, the SUP will be valid until June 7, 2024. The 1.62-acre subject property, located north of the northeast corner of Saguaro and Shea Blvd., is vacant and zoned C-1 (Neighborhood Commercial and Professional). This zoning is established to provide a location for modest, well-designed commercial enterprises to serve the surrounding neighborhood, such as medical offices, banks, food establishments and retail. The subject property is part of the Redrock Business Center, which was originally platted in 1972 and re-platted in its current configuration in 1997. Currently, among other things, the center houses indoor car showroom, a fraternal order, a butcher shop and a wellness center. The Monterro condominium neighborhood is adjacent to the north, and the former MCO realty office is to the south. The applicant is proposing a small development with 5 townhome-style buildings consisting of a total of 17, three-story residential units. The bottom floors of each unit will contain a two-car garage, while the second floor contains the majority of the living area and balcony. The purpose for the special use permit request is to allow a residential use in a commercial district, as required by the zoning ordinance. The alternative would be to rezone the property to an appropriate multiple-family zoning district. The applicant has chosen the Special Use Permit option due to this lot being part of the larger business center. The biggest concern with the review and consideration of the SUP was the potential for traffic impacts on Saguaro. The Council approval included a requirement for submission of a traffic impact summary with the site plan. With their first site plan submittal in August 2022, the applicant provided, and the Town Engineer approved, a traffic impact statement concluding that the project would not have a significant impact on the existing roadway network. A copy of the previous staff report is attached for further detail on the project and analysis. The main purpose for establishing the time limit on SUP's is to limit speculative use of this tool. Staff fully believes the applicant intends to develop the property as soon as possible; market demands have impacted the availability of engineers to perform the traffic study needed to move this project forward. Further, there have been no significant changes to the area that would warrant a change to the previous Council action. As stated in the applicant's request letter, the applicant is awaiting information from EPCOR that will allow them to resubmit their construction plans. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3 Zoning Districts General Plan 2020, Section II: Thriving Neighborhoods General Plan 2020 Character Areas, Table 1 Character Area Plan Risk Analysis If the request for an extension is approved, the applicant is granted an additional six months from the original approved expiration date to submit a building permit to make the necessary improvements to the building as presented. If the request for an extension is denied, the applicant will not be able to make the necessary improvements as presented. Additionally, Chapter 2 of the Zoning Ordinance states, "No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial of said use permit." Recommendation(s) by Board(s) or Commission(s) At the regular meeting on November 8, 2021, the Planning and Zoning Commission expressed concern about the proposed driveway access at Saguaro Blvd., particularly with regard to left turns onto Saguaro, and questioned if there was a traffic study performed with the SUP request. Staff stated that there is no traffic study currently available, but may be required with the site plan submittal, should the Commission move to recommend approval. Subsequently, the Commission moved to recommend approval of the SUP request with a 7-0 vote, with the added stipulation that a traffic impact statement be included for review by the Town Engineer, who would be expected to determine if any traffic control measures are needed to accommodate safe access to and from the development. The Planning and Zoning Commission is not involved in the extension of a SUP. At the December 7, 2021, Town Council meeting, Council voted (5-2) to approve the Special Use Permit as presented, with the following stipulations: Applicant shall provide a traffic impact statement (TIS) with the site plan submittal. The TIS shall be prepared by a registered professional engineer, and shall demonstrate safe ingress and egress at the site and any if mitigation measures shall be taken to ensure traffic safety. 1. The site plan shall incorporate any recommendations for traffic mitigation as determined by the Town Engineer based on the review and approval of the TIS 2. At the January 3, 2023, Town Council Meeting, Council voted (6-1) to approve the second request for a 6-month extension to the Special Use Permit. Staff Recommendation(s) There have been no significant changes to the area that impact the previous approval. Therefore, staff supports extension of this Special Use Permit subject to the same conditions as the initial approval. SUGGESTED MOTION MOVE to approve a six-month extension to the Special Use Permit to allow residential uses at 9637 N. Saguaro Blvd for a maximum of 17 dwelling units, subject to the stipulations approved by Council on December 7, 2021. Attachments Vicinity map Extension Request 12_7_21 Staff Report Site Plan and Elevations Narrative Traffic Statement Form Review Inbox Reviewed By Date Development Services Director John Wesley 01/04/2024 05:05 PM Form Started By: Farhad Tavassoli Started On: 01/04/2024 03:44 PM Final Approval Date: 01/04/2024 Vicinity CASE: SU2021-05 SITE / ADDRESS: 9637 N Saguaro Blvd APN#176-10-805 REQUEST: A Special Use Permit to allow a development of a residential community. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E S H E A B L V D SAG U A R O B L V D Site Location Vicinity MapMap ::SU2021-05SU2021-05 CaseCase DetailsDetails ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 12/07/2021 Meeting Type: Town Council Combined Regular Meeting/Work Session Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Combined Regular Meeting/Work Session (Agenda Language): PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: SPECIAL USE PERMIT to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9637 N. Saguaro Boulevard; APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district. Staff Summary (Background) The 1.62-acre subject property, located north of the northeast corner of Saguaro and Shea Blvd., is vacant and zoned C-1 (Neighborhood Commercial and Professional). This zoning is established to provide a location for modest, well-designed commercial enterprises to serve the surrounding neighborhood, such as medical offices, banks, food establishments and retail. The subject property is part of the Redrock Business Center, which was originally platted in 1972 and re-platted in its current configuration in 1997. Currently, among other things, the center houses indoor car showroom, a fraternal order, a butcher shop and a wellness center. The Monterro condominium neighborhood is adjacent to the north, and the former MCO realty office is to the south. The applicant is proposing a small development with 5 townhome-style buildings consisting of a total of 17, three-story residential units. The bottom floors of each unit will contain a two-car garage, while the second floor contains the majority of the living area and balcony. The purpose for the special use permit request is to allow a residential use in a commercial district, as required by the zoning ordinance. The alternative would be to rezone the property to an appropriate multiple-family zoning district. The applicant has chosen the Special Use Permit option due to this lot being part of the larger business center. The primary ingress/egress will be off of Saguaro Blvd, with limited access from the interior of the Redrock Business Center. The applicant will maintain a 20-foot building setback from the Monterro condominiums to the north, which is the required building setback to a residentially zoned property, and will contain a landscaped open area. The applicant has provided building elevations to show facade treatment, wall articulation, and other modern architectural elements. Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving neighborhoods. One of the items listed is having a variety of housing types. This section includes policies to encourage a broad range of housing types affordable to all income ranges and a range of housing types and densities consistent with the character area. Section III of the General Plan includes the information on the Character Areas in the Town. This small commercial parcel was included as part of the Shea Corridor and a Secondary Gateway to the Town. More specifically, the Shea Corridor character area anticipates increasing the mix of uses which will include some multi-residential uses and an integrated environment. This area is to focus on infill and redevelopment and “invite residents and visitors to explore the Town.” Allowing the proposed residential use would be consistent with the intent of the Plan for this area by accommodating new residents and thus inviting new clientele for existing and future businesses. The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning districts with the approval of a Special Use Permit (SUP). Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP. With regards to the review and recommendation by the Planning and Zoning Commission, Section 2.02 D. 5. of the Zoning Ordinance states: 5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. This area has been zoned and platted prior to incorporation of the Town for commercial uses. It is still the desire of the Town that the Redrock Business Center continue to be successful. The Planning and Zoning Commission must determine if the introduction of residential uses to this area of the Redrock Business Center would be detrimental to the desired commercial activity and whether the residential use would be detrimental to the public health, safety, peace, or comfort of the neighborhood. A review of this property shows that over its almost 50-year history it has not fully developed and has been considerably underutilized. The property was the subject of another recent special use permit request for a 67-room hotel in March 2020. There was significant opposition to the project, and request was recommended for denial by a unanimous vote by the Commission. The applicant withdrew the application before moving forward to the Town Council hearing. Should the Town Council approve the Special Use Permit, staff will continue to work with the applicant on details related to the site plan, grading and drainage plan, and required landscaping before filing for a building permit. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 12.03 - Uses Subject to Special Use Permits in the C-1, C-C, C-2, and C-3 Zoning Districts General Plan 2020, Section II: Thriving Neighborhoods General Plan 2020 Character Areas, Table 1 Character Area Plan Risk Analysis N/A N/A Recommendation(s) by Board(s) or Commission(s) At the regular meeting on November 8, 2021, the Planning and Zoning Commission expressed concern about the proposed driveway access at Saguaro Blvd., particularly with regard to left turns onto Saguaro, and questioned if there was a traffic study performed with the SUP request. Staff stated that there is no traffic study currently available, but may be required with the site plan submittal, should the Commission move to recommend approval. Subsequently, the Commission moved to recommend approval of the SUP request with a 7-0 vote, with the added stipulation that a traffic impact statement be included for review by the Town Engineer, who would be expected to determine if any traffic control measures are needed to accommodate safe access to and from the development. Staff Recommendation(s) Staff supports a recommendation for approval of this Special Use Permit. Based on the Planning and Zoning Commission discussion and recommendation, staff recommends including the following stipulations: Applicant shall provide a traffic impact statement (TIS) with the site plan submittal. The TIS shall be prepared by a registered professional engineer, and shall demonstrate safe ingress and egress at the site and any if mitigation measures shall be taken to ensure traffic safety. 1. The site plan shall incorporate any recommendations for traffic mitigation as determined by the Town Engineer based on the review and approval of the TIS. 2. SUGGESTED MOTION MOVE to approve the Special Use Permit to allow residential uses at 9637 N. Saguaro Blvd for a maximum of 17 dwelling units, subject to the stipulations as recommended by staff and the Planning and Zoning Commission. Attachments Vicinity map Site Plan and Elevations Narrative Form Review Inbox Reviewed By Date Development Services Director John Wesley 11/17/2021 01:58 PM Form Started By: Farhad Tavassoli Started On: 11/16/2021 04:10 PM Final Approval Date: 11/17/2021 David Janover 13 Jul 2022 Page 2 The intersection of Trevino Drive and Saguaro Boulevard is a four-way unsignalized intersection. Eastbound traffic on Trevino Drive is STOP controlled and offered a shared left-turn/through lane and a right turn lane. Westbound traffic is also STOP controlled and provided with a shared left/through/right turn lane. Northbound vehicles make use of a left turn lane, two through lanes, a right-turn lane while southbound traffic is provided with a left turn lane, three through lanes, and a right turn lane. The first ancillary access point is approximately 450 feet south of Saguaro Boulevard on Shea Boulevard and serves as access to an existing office park with access to Trevino Drive. The access point is restricted by a raised median on Shea Boulevard to prevent eastbound left-hand turns. The second ancillary access point is approximately 250 feet north of Shea Boulevard on Monterey Drive and serves as access to an existing office park with access to Trevino Drive. Northbound vehicles make use of a left turn lane and a shared through, right lane while southbound traffic is provided with a shared left, though lane and a left-turn lane. Access Main access to the Fountain Hills Condominium development will be provided via the existing intersection of Trevino Drive/Saguaro Boulevard. The site can also be accessed by the two ancillary access points off Shea Boulevard and Monterey Drive. The primary purpose of these ancillary access points is for the adjacent office park and they are not expected to be heavily used due to the need to maneuver through parking areas of the adjacent office complex. The Fountain Hills Condominium project will be located on the northeast corner of Trevino Drive/Saguaro Boulevard. Condominiums will be constructed on the north side of Trevino Drive and on street parking will be provided on the south side. There will be no changes made to the existing intersection of Trevino Drive/Saguaro Boulevard. Trip Generation Nationally agreed-upon methodology contained in the Institute of Transportation Engineers (ITE) publication Trip Generation Handbook, 11th Edition, 2021 defines various trip generation rates expected at developments. The project trip generation was estimated for the construction of a 17-unit condominium development based on ITE Land Use Code 220, Multifamily Housing (Low-Rise) Not Close to Rail Transit (LUC 220). The result is the expected weekday trip generation for the project as shown in Table 1. The complete trip generation calculations can be found in the Appendix. Figure 1 – Vicinity Map UP 0 10 20 40 NORTHN. SAGUARO BLVDLANDSCAPING BUILDING ONE (4) UNITS BUILDING TWO (4) UNITS BUILDING THREE (4) UNITS BUILDING FOUR (3) UNITS BUILDING FIVE (2) UNITS ASPHALT PAVING LANDSCAPING LANDSCAPING LANDSCAPING TRASH ADJACENT EXISTING CONDOMINIUM DEVELOPMENT ADJACENT EXISTING COMMERICAL DEVELOPMENT PR O J E C T D A T A Zoning: APN: S/T/R: MCR (existing): Subdivision: Lot Area: Gross: Net: Occupancy Group: Construction Type: Units Provided: C-1 176-10-805 26 3N 6E 930-41 Redrock Business Center - Lot 6 70,830 SF (0.97 acres) Residential V-N Sprinklered 17 Single-Family Condominiums RL e p o r e A r c h i t e c t u r e , L L C 13 4 4 0 N o r t h 4 4 t h S t r e e t , # 2 0 3 1 Ph o e n i x , A r i z o n a 8 5 0 3 2 ph : 6 0 2 . 3 1 8 . 0 1 0 0 RL e p o r e A r c h i t e c t u r e @ g m a i l . c o m 96 3 7 N o r t h S a g u a r o B l v d . Fo u n t a i n H i l l s , A r i z o n a 8 5 x x x A 1 7 -Un i t C o n d o m i n i u m P r o j e c t : Fo u n t a i n H i l l s C o n d o m i n i u m P R E L I MI N A R Y N O T F O R C O N S T R U C T I O N O R R E C O R D A TI O N 11 / 4 / 2 0 2 1 9: 2 2 : 1 5 A M A1.1 Site Plan & Project Data No .Description Date 1" = 20'-0"1 Site Plan 1/4" = 1'-0" Project Data Figure 3 – Existing Configuration Multifamily Housing (Low-Rise) Not Close to Rail Transit LAND USE: 17 Dwelling Units Multifamily Housing (Low-Rise) Not Close to Rail Transit Original Plan TRIP GENERATION CALCULATIONS ARE BASED ON THE INSTITUTE OF TRANSPORTATION ENGINEERS' TRIP GENERATION, 10TH EDITION. THE ITE LAND USE CODE IS Multifamily Housing (Low-Rise) Not Close to Rail Transit (220), General Urban/Suburban WEEKDAY Average Rate = 6.74 Trips per Dwelling Unit (DU) T =6.74 Trips x 17 DU T =116 VTPD ENTER:(0.5)*(116) =58 VTPD EXIT:(0.5)*(116) =58 VTPD AM PEAK HOUR (ONE HOUR BETWEEN 7 AND 9 AM) Average Rate = 0.4 Trips per Dwelling Unit (DU) T =0.4 Trips x 17 DU T =7 VPH ENTER:(0.24)*(7) =2 VPH EXIT:(0.76)*(7) =5 VPH PM PEAK HOUR (ONE HOUR BETWEEN 4 AND 6 PM) Average Rate = 0.51 Trips per Dwelling Unit (DU) T =0.51 Trips x 17 DU T =9 VPH ENTER:(0.63)*(9) =6 VPH EXIT:(0.37)*(9) =3 VPH *where, T = trip ends TRIP GENERATION SUMMARY WEEKDAY 116 VTPD AM PEAK HOUR (ONE HOUR BETWEEN 7 AND 9 AM)7 VPH PM PEAK HOUR (ONE HOUR BETWEEN 4 AND 6 PM)9 VPH